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CHARTER TOWNSHIP OF WATERFORD
5200 CIVIC CENTER DRIVE
WATERFORD, MI 48329
APRIL 23, 2001, 7:30 PM
- A G E N D A –
PRAYER: Rev. Jim Combs of Faith Baptist Church
APPROVE AGENDA -
APPROVE MINUTES -
APPROVE BILL PAYMENT -
ANNOUNCEMENTS:
Township offices will be closed on Monday, May 28, 2001 in observance of
Memorial Day.
Summer hours will begin the following day, Tuesday, May 29, 2001, 7:30 AM until
4:30 PM.
AWARDS & PRESENTATIONS:
Eagle Scout Stephen Hosfield honored
Employee of the Month for April, 2001, Jeffrey Finkbeiner of the Fire Dept.
REPORTS:
Fire Department Annual Report for 2000
Building Dept, March, 2001
Facilities & Operations, March, 2001
Library Dept, February, 2001
FIRST INTRODUCTION:
First Introduction of Amendment to Code of Ordinances, Chapter 11, Offenses
Against Person
OLD BUSINESS:
Public Hearing, Special Assessment District for Lapham Road Improvement
Project
Final Adoption of Amendment to Code of Ordinances, Chapter 10, Charitable Funds
Soliciting
NEW BUSINESS:
1. Approval of Resolution approving
traffic signal project
2. Approval of Carnival License, Summit Place Mall, May 28 thru June 3,
2001
3. Approval of Banner Permit, St. Benedict School Open House, M-59
overpass
4. Approval of Resolution of Support for repayment of CDBG loan for CAI
Rehabilitation
5. Discussion of tax abatement request by Grunewald New Technologies, Inc.
6. Approval of three-way partnership with Waterford Schools and Oakland
Community College
for a Diversity Committee
7. Approval of Teamsters Part-Time Employee Ratification
8. Approval of Franklin Fisher as GIS Technician
9.. Approval of Police Building Project Invoice
___________________________________
Betty Fortino, Clerk
MINUTES ARE AVAILABLE UPON REQUEST AT THE CLERK’S DEPT AND AVAILABLE FOR
REVIEW AT THE LIBRARY, PLANNING, POLICE AND TREASURER’S DEPARTMENTS. IN
CONFORMANCE WITH THE AMERICANS WITH DISABILITIES ACT, LARGE-PRINT AGENDAS AND
MINUTES ARE AVAILABLE UPON REQUEST. BARRIER-FREE PARKING AND ACCESS ARE ALSO
AVAILABLE.
Minutes of the Waterford Township Board Meeting, held April 23, 2001 at 7:30
PM in Town Hall Auditorium, 5200 Civic Center Drive, Waterford, Michigan.
PRESENT:
Carl W. Solden, Supervisor
Betty Fortino, Clerk
Dee Minton, Treasurer
Paul Deni, Trustee
Todd A. Fox, Trustee
David J. Maloney, Trustee
Bette O’Shea, Trustee
OTHERS PRESENT:
Larry Gavette
Debra Hosfield
Steve Hosfield
Bob Vallina
Robert Sharrard
Anthony Herbert
Rev. Tony
Randolph
Alfred Beanblossom
Phil Allmen
Stacey
Hunt
Denise Solden Pearce Bonnie
Solden
William
Coppola
David
Schreiber
Kathryn Wallace
Don
Ban
Dennis
Storrs
Kendra Klein
Joe Latozas
M. Karagensian
Robert Seeterlin
Supervisor Carl Solden called the meeting to order at 7:30 PM. Rev. Tony
Randolph of Faith Baptist Church led an ecumenical prayer on behalf of the
Board. Supervisor Solden then led the Pledge of Allegiance.
Moved by Deni,
Supported by O’Shea, RESOLVED, to approve the agenda as printed.
Motion carried unanimously.
Moved by O’Shea,
Supported by Fox, RESOLVED, to approve the April 9, 2001 minutes as printed.
Motion carried unanimously.
Moved by Minton,
Supported by O’Shea, RESOLVED, to approve payment of the bills for April 23,
2001. A list of bills is attached to these minutes.
Motion carried unanimously.
Supervisor Solden announced that Township offices would be closed Monday, May
28, 2001, in observance of Memorial Day. Summer hours will begin immediately
after on Tuesday, May 29, 2001, 7:30 AM until 4:30 PM.
Eagle Scout Stephen Hosfield was introduced and presented with a plaque
depicting the following resolution honoring his accomplishment.
EAGLE SCOUT STEPHEN CHRISTOPHER HOSFIELD
Troop 132
WHEREAS, Stephen Christopher Hosfield has been a member of Boy Scouts of
America for many years, beginning as a Tiger Scout in 1990, continuing through
Cub Scouts in 1995, and diligently continued to work toward the Eagle Scout
rank, and
WHEREAS, Stephen Hosfield has distinguished himself amongst his peers by
attaining the Eagle Scout rank, having earned the organization, leadership and
service requirements necessary, and
WHEREAS, Stephen has served as Instructor, Patrol Leader, Quartermaster and
Den Chief, and has served as a Junior Assistant Scout Master, and
WHEREAS, Stephen maintains a 3.2 grade average at Waterford Mott High School,
participating in the Marching Band and Cross Country Track Team, and
WHEREAS, Stephen performs community service through his church youth group,
benefiting local organizations and residents,
NOW, THEREFORE, BE IT RESOLVED, That the Waterford Township Board does
recognize Stephen Christopher Hosfield as an exceptional youth, honors him as an
Eagle Scout, extends congratulations to him and his family on this fine
achievement and wishes the best possible success for his future.
Moved by Fortino,
Supported by Deni, RESOLVED, to recognize Eagle Scout Stephen Hosfield, honor,
and congratulate him and his family on behalf of the community for this
achievement.
Motion carried unanimously.
The Awards Committee selected Jeffrey Finkbeiner as the Employee of the Month
for April, 2001.
Jeffrey was present to receive his plaque and congratulations.
Moved by Fortino,
Supported by O’Shea, RESOLVED, to concur with the Awards Committee and approve
Jeffrey Finkbeiner of the Fire Department as the Employee of the Month for
April, 2001 and offer congratulations.
Motion carried unanimously.
The following reports were presented:
1. Fire Department Annual Report for 2000
2. Building Dept, March, 2001
3. Facilities & Operations, March, 2001
4. Library Dept, February, 2001
Moved by Deni,
Supported by Fox, RESOLVED, to receive the foregoing reports.
Motion carried unanimously.
An amendment to the Code of Ordinances, Chapter 11, Offenses Against Person,
was on the agenda for First Introduction. Township Attorney Peter Donlin
presented the following letter in regard to the amendment:
Enclosed please find a copy of proposed Amendment to the Code of
Ordinances, which enhances the punishment for domestic violence to 93 days in
jail. This will allow Waterford to report its arrest and convictions, under
this offense, to the Michigan State Police and such arrests and convictions
can be used by criminal law enforcement agencies in the event of repeat of
habitual offenders.
The only change is the addition of Subsection (d) to section 11-66,
creating the 93-day punishment. Act 254 of Public Acts of 1999 requires a
statement of purpose to be published with the ordinance. I have included it
herein, but it is not intended for the assertion in our Code of Ordinances,
but merely for publication.
Please place on the agenda for first introduction. The Police Department
has already reviewed it.
CHARTER TOWNSHIP OF WATERFORD
CODE OF ORDINANCES
AMENDMENT TO CHAPTER 11
It is ordained that Chapter 11, Article III, "Offenses
Against the Person", Sec. 11-66 be amended to read as follows:
Sec. 11-66. Assault and battery; domestic assault.
No change. (a) It shall be a violation of this Code for any
person within the township to attempt or offer, with force and violence, to do
a corporal hurt to another, or assault and or batter
any other person.
No change. (b) It shall be a violation of this Code to
assault, or assault and batter a person’s spouse, former spouse, an
individual with whom a person has had a child in common, or a person with whom
one resides or with whom one has formerly resided.
No change. (c) Any violation of Sub-Section (a) above is
punishable as provided in Section 1-10 of this Code. (Comp. Ords. 1986,
20.471, 20.486; Ord. of 4-8-96)
New. (d) Any violation of Sub-Section (b) above is
punishable by up to 93 days in jail, or by a fine of not more than five
hundred ($500.00) Dollars, or by both such fine and imprisonment. (Public Act
254 of the Public Acts of 1999).
Statement of purpose and designated township office where a
copy of this amendment can be obtained or inspected:
The purpose of this amendment is to bring the punishment
for "domestic violence: (Sec 11-66 "b") into agreement with the
state law an to allow for the reporting of all arrests and convictions for
"Domestic Violence" to the Michigan State Police, and thereafter
made available to other law enforcement agencies for use in repeat or habitual
offender circumstances.
Moved by Deni,
Supported by O’Shea, RESOLVED, to approve the foregoing Amendment to the Code
of Ordinances, Chapter 11, Offenses Against Person, for First Introduction, and
place it on the May 14, 2001 agenda for Final Adoption.
Motion carried unanimously.
A Public Hearing had been scheduled for the Special Assessment District for
Lapham Road Improvement Project. Supervisor Solden opened the meeting at 7:38
PM. Mr. Anthony Herbert of 6974 Desmond filed a protest to his assessment.
Supervisor Solden then closed the Hearing at 7:40 PM. The following resolution
was presented:
RESOLUTION CONFIRMING
LAPHAM ROAD IMPROVEMENTS
SPECIAL ASSESSMENT ROLLS
WHEREAS a public hearing was held on the 23rd of April, 2001, to
hear and consider objections to the Lapham Road improvement Special Assessment
Roll made to assess the cost of road improvements to properties in the Lapham
Road Improvement Special Assessment District; and WHEREAS, the special
assessment roll has been presented to the Board and the Board has determined
that the special assessment roll should be confirmed. NOW, THEREFORE, BE IT
RESOLVED as follows:
The Lapham Road Improvement Special Assessment Roll, assessing the sum of
$98,400.00, is ratified, confirmed and adopted.
A special assessment made on the roll, or any installment of a special
assessment, may be paid in full without interest on or before May 31, 2001.
All amounts not paid on or before May 31, 2001, shall be payable in ten (10)
equal annual installments of principal that shall be due on February 14 in each
of the years 2002 through 2011.
That portion of any assessment not paid on or before May 31, 2001, shall bear
interest until paid from June 1, 2001, at a rate which is 1% above the rate on
the bonds to be sold by the Township. Until bonds have been sold, the unpaid
assessments shall bear interest at the rate of 8% per annum. Interest shall be
due annually on February 14. If any installment is not paid when due, then such
installment shall be deemed to be delinquent and there shall be collected
thereon, in addition to the interest specified above, a penalty at the rate of
1% for each month or fraction thereof that such installment remains unpaid
before being reported to the Township Board for reassessment upon the Township
tax roll.
The Township Clerk is hereby directed to attach her warrant as required by
law to each of the rolls and to direct the rolls, with her warrant attached, to
the Township Treasurer. The Township Treasurer shall thereupon collect the
special assessments in accordance with the terms of this resolution, the warrant
and the statutes of the State of Michigan.
Any unpaid installment of an assessment may be paid in full at any time with
interest accrued through the month in which the payment is made.
Moved by Deni,
Supported by O’Shea, RESOLVED, to adopt the foregoing resolution confirming
Lapham Road Improvement Special Assessment District and direct the Clerk to send
notification and prepare the necessary paperwork.
Motion carried unanimously.
An Amendment to the Code of Ordinances, Chapter 10, Charitable Funds
Solicitation, was first introduced at the April 9, 2001 meeting and printed in
those minutes. Under Section 403, paragraph "j." was deleted from the
original draft upon first introduction. The ordinance was now on the agenda for
Final Adoption. The proposed ordinance follows here:
WATERFORD TOWNSHIP CODE OF ORDINANCES
AMENDMENT TO CHAPTER 10
CHARITABLE FUNDS SOLICITATION ORDINANCE
It is ordained that the Code of Ordinances be amended to add Article XII,
"Charitable Funds Solicitation Ordinance", to Chapter 10, Licenses
and Miscellaneous Business Regulations, which shall hereafter read as
follows:
Sec. 10-400. Short Title.
Article XII of the Code of Ordinances shall be hereafter known as the
"Charitable Funds Solicitation Ordinance".
Sec. 10-401. Purpose.
The purpose of this Ordinance is declared to be as follows:
A. To inform the public and citizens of Waterford Township of the nature,
purpose and background of charitable, service-based, religious
and educational groups, societies and organizations who seek to
solicit funds and monies from operators of motor vehicles on the
street and roadways.
B. To protect the public and its citizens from fraudulent practices and
abuses in the practice of charitable community-serviced based, religious and
charitable fund raising by street solicitors.
C. To establish a registration procedure for the identification of
individuals who occupy and move about at roadway intersections within the
traveled portion of the roadways, and where persons may cause traffic and
safety hazards and obstruct the flow of traffic.
D. To require individuals and groups who seek to solicit funds from the
roadways to acquire a Certificate of Registration.
E. To define the words and phrases used in this Article.
Sec. 10-402. Definitions
(a) The term 'solicit funds' or 'solicitation of funds' shall mean any
request of a motorist or pedestrian, while standing or being present in the
roadways and streets of the Township, for the donation of money, property, or
anything of value, or the selling or offering for sale of any property whether
of any value or not, upon the express or implied representation that the
proceeds will be used for a charitable purpose, as defined herein. The presence
at, or near, an occupied vehicle on the roadway while carrying or possessing a
receptacle or depository device is sufficient conduct to be deemed a
solicitation of funds.
(b) - (1) The term 'charitable purpose' shall mean philanthropic, religious
or other non-profit objectives, including the benefit of poor, needy, sick,
refugee or handicapped persons; the benefit of any church or religious society,
sect, group or order; the benefit of a patriotic or veterans' association or
organization; the benefit of any fraternal, social or civic organization, or the
benefit of any educational institution.
(b) - (2) The term 'charitable purpose' shall not be construed to include the
direct benefit of the individual making the solicitation.
(b) - (3) The term 'charitable purpose' shall not be construed to include the
benefit of any political group or political organization, which is subject to
financial disclosure under state or federal law.
(c) The term 'person' shall mean and include any natural person, firm,
partnership, corporation or association.
(d) The term 'individual' shall mean only a natural person.
(e) The term 'roadway', 'street' or 'highway' shall refer to all publicly
or privately dedicated ways devoted to motor vehicle traffic, and shall
include the parking lots and ingress and egress points of the Summit Place
Mall.
(f) The terms 'township' shall refer to the Charter Township of Waterford
and its departments.
Sec. 10-403. Unlawful Solicitation.
(a) It shall be unlawful for any person, directly or through an agent or
employee, to solicit funds as defined herein, for charitable purposes within
the corporate limits of the township unless such person shall have first
obtained a certificate of registration from the township clerk, as
hereinafter provided.
(b) It shall be unlawful for any individual, as the agent or employee of
another, to solicit funds for charitable purposes in the township unless his
principal or employer has received a certificate of registration as
hereinafter provided.
(c) It shall be unlawful for an individual to solicit funds for
charitable purposes and to fail to provide a valid copy of the Certificate
of Registration upon request of police or code enforcement officer and to
provide positive identification thereto upon request.
(d) It shall be unlawful to solicit for charitable purposes between the
hours of 6:00 p.m. and 6:00 a.m.
(e) It shall be unlawful for any person, directly or through an agent or
employee, to solicit funds for charitable purposes within the corporate
limits of the township after the expiration of any certificate of
registration issued as hereinafter provided.
(f) It shall be unlawful for the person registering, or the agents or
employees thereof, to solicit funds for a charitable purpose other than that
set out in the registration statement upon which the certificate of
registration was issued.
(g) It shall be unlawful for any person who shall solicit funds for
charitable purposes in the township to represent, in connection with such
solicitation of funds that the issuance of a certificate of registration by
the township constitutes an endorsement or approval of the purposes of such
solicitation of funds by the township, or any officer or employee thereof.
(h) It shall be unlawful for a person soliciting funds to make physical
contact with a vehicle or to interfere with the passage of any vehicle on
the roadway.
(i) It shall be unlawful for any person to solicit funds at a time and
place not shown on the schedule of locations as required in Section
10-404(g).
Sec. 10-404. Registration Statement
All persons desiring to solicit funds for charitable purposes as defined
herein, in the township shall file with the township clerk a registration
statement, on forms provided by the clerk no later than thirty (30) calendar
days prior to the 1st day of scheduled solicitation, containing the following
information:
(1) The name of the person(s) and/or organization registering and desiring to
solicit funds for charitable purposes.
(2) Whether the person registering is a natural person, partnership,
corporation or association and,
(a) If a natural person, the business or residence address and telephone
number must be given.
(b) If a partnership, the names of all partners and the principal business
address and telephone number of each partner must be given.
(c) If a corporation, the person registering must state whether it is
organized under the laws of Michigan or is a foreign corporation, and must
show the mailing address, business
location, telephone number, name of the individual in charge of the Michigan
office of such corporation, and the names of all officers and directors or
trustees of said corporation, and, if a foreign corporation, the place of
incorporation. If applicable, the applicant shall provide a copy of Articles
of Incorporation and/or 503 (c) or other tax-exempt authorization from the
IRS.
(d) If an association, the registration statement shall show the
association's principal business address and telephone number, if any, and
shall show names and principal business or residence addresses and
telephone numbers of all members of the association unless they exceed ten
(10) in number, in which case the application shall so state and the person
registering may alternatively list the names and principal business or
residence addresses and telephone numbers of the officers and directors or
trustees of the association. If the association is part of a multi-state
organization or
(e) association, the mailing address and business location of its central
office shall be given, in addition to the mailing address and business
location of its local office.
(3) A brief description of the charitable purpose for which the funds are to
be solicited, and an explanation of the intended use of the funds towards that
purpose.
(4) The names of all individuals authorized to disburse the proceeds of the
solicitation.
(5) The names, mailing address and telephone number of all individuals who
will be in direct charge or control of the solicitation of funds.
(6) A daily schedule of the location, dates and times and names of persons
where the solicitation of funds is to occur, giving the date of the beginning of
solicitation and its conclusion.
(7) A description of the methods and means by which the solicitation of funds
is to be accomplished.
(8) A statement to the effect that if a Certificate of Registration is
granted, such Certificate will not be used as or represented to be an
endorsement by the Township or any of its officers or employees.
(9) An explanation of the reasons, if the person registering is unable to
provide any of the foregoing information, why such information is not available.
(10) The registration statement must be signed by the applicant, if the
person registering is an individual; if the person registering is a partnership,
by the partner charged with disbursing funds solicited; if a person registering
is a corporation or an association, by its officer charged with disbursing the
funds solicited. The individual signing the registration statement shall sign
the statement and swear before an officer authorized to administer oaths that he
has carefully read the registration statement and that all the information
contained therein is true and correct.
(11) In the event a group, individual or organization is not registered as a
non-profit corporation, or is not a tax-exempt organization under the IRS
regulations but does maintain a full-time place of business (other than a home
office) within the Township, the said applicant is exempt from subsection (c)
and (d) herein. However, the said applicant shall provide a written statement of
authorization from the charitable, tax-exempt, or non-profit corporation or
association for whose benefit the solicitation is intended.
Sec. 10-405. Registration Fee
Every registration statement shall be accompanied by a registration fee of
five dollars ($5.00) to compensate the township for the cost of administering
this article, and such fee will not be refunded if a Certificate of Registration
is not issued.
Sec. 10-406. Issuance of Certificate of Registration
(A)After a review of the registration statement to determine its compliance
with Section 10-404 above, and, within ten (10) working days of the receipt of
the registration statement, the clerk shall either issue a Certificate of
Registration, as provided in Section 10-407, or notify the person registering
that the registration statement does not comply with the requirements of
Section 10-404 above and specifically point out what information or
explanation has not been furnished that is required before a Certificate of
Registration can be issued.
(B) A Certificate of Registration shall be issued by the clerk and shall
designate no more than three (3) days (12-hour periods), by date and hours,
within the calendar year during which the solicitation on the roadway may
occur. The Township Board may extend or alter the dates upon request. All
persons soliciting funds shall carry on their person a copy of the Certificate
during periods of solicitation.
Sec. 10-407. Form of Certificate of Registration
The clerk shall prescribe the form of the Certificate of Registration.
However, each such Certificate of Registration shall be printed in black except
that the following shall be printed prominently thereon in red: "The
issuance of this Certificate of Registration is not an endorsement by the
Township of Waterford or any of its officers or employees." Each
Certificate of Registration shall bear a registration number, which is the same
as the file containing the registration statement filed by the registrant.
Sec. 10-408. Public Disclosure
All registration statements and disclosure reports filed with the clerk,
whether or not a Certificate of Registration has been issued, shall be a public
record and shall be available for inspection by members of the public during
regular business hours and copies may be obtained at the cost fixed by the
clerk.
Sec. 10-409. Violations, Sanctions
Any person, firm, corporation, partnership or association who conducts an
unlawful solicitation as provided for in Section 10-403, or is determined to
have violated any provision in this Article, shall be subject to the penalties
as prescribed in Section 1-10 of this Code .
Sec. 10-410. Violations, Suspension and Revocation
In the event of a person receiving a citation for violation of this
Ordinance, or any law or ordinance, for conduct occurring during a period of
solicitation of funds, or, in the event of a complaint to the police department
or township clerk by any person aggrieved by the
conduct of a solicitor registered hereunder, the clerk immediately shall
suspend or revoke, until the next regular meeting of the Township Board, the
Registration Certificate of that individual. The Board shall conduct a hearing
on the question, following service of a notice of intent to revoke the
Registration Certificate for said person, as provided in Section 10-39 of this
Code, except that the notice shall be served upon the said person no later than
forty-right (48 hours) in advance of the date of hearing, Section 10-39(2)
notwithstanding. The hearing shall otherwise be conducted in accordance with
Section 10-36 to 10-44.
Sec. 10-411. Savings Clause; Severability
If any provision, section, subsection sentence, clause or phrase of this
ordinance, or the application of same to any person or set of circumstances is
for any reason held to be unconstitutional, void or invalid, the validity of the
remaining portions of this ordinance or their application to other persons or
sets of circumstances shall not be affected thereby, it being the intent of the
Township Board in adopting this ordinance that no portion thereof or provision,
or regulation contained herein, shall become inoperative or fail by reason of
any unconstitutionality of any other portion hereof and all provisions of this
ordinance are declared to be severable for that purpose.
Moved by O’Shea,
Supported by Deni, RESOLVED, to approve the foregoing Amendment to the Code of
Ordinances, Charitable Funds Solicitation, for Final Adoption, and to direct the
Clerk to publish it in the newspaper.
Motion carried unanimously.
Supervisor Solden presented the following letter from the Oakland County Road
Commission:
As you are aware from my previous letter, the Road Commission for Oakland
County (RCOC) and Michigan Department of Transportation (MDOT), in conjunction
with the communities in and bordering Oakland County, are about to embark on
the first-ever project to retime the approximately 1,000 non-FAST-TRAC traffic
signals in the county (FAST-TRAC is RCOC’s adaptive signal program; the
signals adjust automatically to reflect actual traffic levels). Because this
massive undertaking will improve the efficiency of the signals, it will result
in safety improvements, improved traffic flow, decreased motorist delays,
intersection capacity improvements, reduced air pollution, reduced motorist
fuel consumption and reduced congestion.
The project involves all non-FAST-TRAC signals on state highways, county
roads and city and village streets in or bordering Oakland County. It will
take three years to retime the 1,000 signals, with 640 being retimed during
2001 and 2002.
It was determined that the only way to complete the retiming in a
reasonable timeframe is to hire traffic engineering consultants. The staffs of
the communities, MDOT and RCOC are not able to undertake the additional work
required to complete this project. We have obtained federal Congestion
Mitigation and Air Quality (CMAQ) funds to cover 100 percent of the cost for
the first two phases of this project, which will run concurrently. The project
will begin this year.
The first two phases of the project, which will run concurrently, will
retime signals in the communities of: Phase I - Farmington, Southfield,
Lathrup Village, Franklin, Bingham Farms, Beverly Hills, Berkley, Royal Oak,
Huntington Woods, Oak Park, Ferndale, Hazel Park, Madison Heights, Warren and
Sterling Heights. Phase II: Clawson, Birmingham, Bloomfield Twp,
Bloomfield Hills, West Bloomfield Twp, Orchard Lake, Keego Harbor, Sylvan
Lake, Pontiac and Waterford Township.
Moved by Fortino,
Supported by O’Shea, RESOLVED, that Waterford Township hereby supports and
approves the proposal by the Oakland County Road Commission to re-time various
traffic signals in the Township through a 100% Congestion Mitigation and Air
Quality funded project.
Motion carried unanimously.
The Clerk had received a request for a Carnival License from Skerbeck
Brothers Shows, to be held at the Summit Place Mall. All requirements had been
met.
Moved by Deni,
Supported by Fox, RESOLVED, to approve a Carnival License for Skerbeck Brothers,
to be held at the Summit Place Mall May 28 through June 3, 2001, contingent on
receipt of state certification of ride safety.
Motion carried unanimously.
The Clerk had also received a request from Saint Benedict’s School for a
Banner Permit. All requirements had been met.
Moved by Fortino,
Supported by O’Shea, RESOLVED, to approve a Banner Permit for Saint Benedict’s
School to advertise their school open house on the M59 pedestrian overpass and
direct the Clerk to apply to the Michigan Department of Transportation for the
permit.
Motion carried unanimously.
The following memo was received from Community Planning and Development
Director Bob Vallina:
What seems like ages ago, I had applied for the Section 108 Loan
Guarantees, which is a section of the CDBG Program where we can borrow from
our future CDBG funds to pay for certain large-scale projects, to acquire and
rehabilitate the CAI Building. I have had several conversations with our local
HUD representative over the past year as they have communicated with the folks
in Washington. There was a lull of several months of inactivity on HUD’s
part due to what I suppose was the election and change in administrations. In
February of this year, I received correspondence from HUD requesting
additional information. I have attached both that letter and my response for
your information. I then received another letter from HUD last week asking for
more information. I have attached a copy of that letter as well. There are
four final questions that they need answered. The first one is being answered
with the assistance of Chief Assessor Don Wood. After discussing the matter
with our HUD representative, the three remaining questions revolve around the
Township’s commitment to repay the loan, whether or not there is a CDBG
program.
I asked our HUD representative about this and she stated that their
department attorneys in Washington apparently need some level of assurance
that the funds will be repaid, regardless whether a CDBG Program exists or
not. I replied that we have always understood that the CDBG Program was a
creation of Congress and that there was no guaranty that the Program would
last forever. Our HUD representative said that is understood and there is no
action or effort to reduce or eliminate CDBG, but this is simply a legal
requirement based on the skittishness of their attorneys. She stated this is
the reason the Township needs to commit some form of collateral in addition to
future CDBG funds. I asked if a resolution from the Township Board will be
sufficient and she said yes.
I do not see any danger of losing our CDBG funding in the foreseeable
future. Although it has never been a certainty that the Program would
continue, we must acknowledge the possibility of Congress eliminating the
Program through the pledge of collateral if we are to receive the Section 108
Loan funds for the CAI improvements. If the CDBG Program ever does disappear,
the Township will still have at its disposal the CDBG funds that are sitting
out in the community in the form of housing rehabilitation loans. We have at
least $2,000,000.00 sitting out in the community that will be repaid in the
future. Therefore, I propose that we use these funds as our collateral to our
pledge to repay the loan with our future CDBG grant funds.
I have attached a proposed resolution for your consideration that contains
this collateral option and the information needed by HUD for final approval by
HUD. Our HUD representative did say that this resolution, if approved, is the
final step needed and HUD Washington is ready to get final loan approval on a
fast track…
The resolution follows:
RESOLUTION TO REAFFIRM THE CHARTER TOWNSHIP OF WATERFORD’S COMMITMENT TO
REPAY HUD SECTION 108 LOAN FUNDS IF APPROVED BY HUD
WHEREAS, the Charter Township of Waterford has committed itself to continue
the mission and goals of the non-profit Community Activities, Inc. organization
by assuming its debts and restoring the CAI building to a safe and healthy
condition and to maximize its usefulness in accomplishing the goals of serving
Waterford’s senior citizens and at-risk youth; and
WHEREAS, the Township is also committed to fund several other urgent
large-scale community needs which has limited the availability of its immediate
financial resources for funding the acquisition and necessary physical
improvements to the CAI building; and
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) does
administer a competitive program of loan guarantees for large-scale community
development projects, such as the acquisition and improvements of the CAI
building to serve target low-moderate income groups such as senior citizens and
at-risk youth; and
WHEREAS, the Township has been the recipient of federal CDBG funds for the
past 26 years, with the understanding that these funds have been granted through
the U.S. Congress on an annual basis, with no guarantee that the CDBG Program
would continue in the future; and
WHEREAS, the Township understands this risk in committing future CDBG
entitlement funds that may not materialize to repay the Section 108 Loan
Guarantees that are necessary for the CAI acquisition and improvements; and
WHEREAS, the Township holds approximately $2,000,000.00 in outstanding CDBG-funded
housing rehabilitation loans that will be repaid in the future and will be an
available source of funds for repayment of the Section 108 Loan Guarantees; and
THEREFORE BE IT RESOLVED, that the Charter Township of Waterford instructs
its Supervisor, Carl W. Solden, to sign all required Section 108 loan documents
to acquire funds for the acquisition and rehabilitation of the CAI building; and
FURTHER BE IT RESOLVED, that the Charter Township of Waterford will commit to
repaying such HUD loan guarantees, if approved, out of its new CDBG entitlement
grants over the next sixteen years; and
FURTHER BE IT RESOLVED, that if at such time the U.S. Congress ceases to fund
the CDBG Program and such funds are no longer available to the Charter Township
of Waterford for repayment of such HUD loan guarantees that are approved, the
Charter Township of Waterford pledges the $2,000,000.00 in outstanding CDBG
housing rehabilitation loan funds as collateral
Moved by O’Shea,
Supported by Deni, RESOLVED, to approve the foregoing resolution of support for
repayment of Community Block Grant loan for the rehabilitation of the Community
Activity, Inc. property.
Motion carried unanimously.
The following memo was also received from Community Planning and Development
Director Bob Vallina:
Recently, a German-based high-tech manufacturing firm named Grunewald New
Technologies, Inc. approached the Township’s Economic Development
Corporation and discussed with the EDC their business operation and their
intention to locate and build a new production facility in Michigan. Grunewald
has been working with the State of Michigan and Oakland County’s respective
economic development arms to obtain economic development assistance as
incentives in locating in Oakland County. The company has applied for
assistance from the State’s Michigan Economic Growth Authority (MEGA). One
of the State’s conditions for this assistance is that the municipality in
which the company plans to locate must provide some measure of support,
generally through tax abatement.
Grunewald New Technologies, Inc. has a site in Waterford Township that they
are interested in making an initial capital investment of $4.7 million to
locate, build, staff, and operate a new high tech manufacturing facility. The
site is located on Perry Dr., zoned M-1, and located in the Township’s
Industrial Development District No. 1. The EDC has reviewed this proposal and
thinks that it is a great economic development opportunity for Waterford
Township. I have attached a copy of the EDC’s draft minutes and a resolution
of support the EDC has been adopted.
Grunewald New Technologies, Inc. and a representative of the Oakland County
Planning and Economic Development Services Department will be appearing before
you on Monday night to present an overview of Grunewald’s business and to
discuss the MEGA process. All of this information is intended to assist and
prepare you for the future Township Board public hearing on Grunewald’s tax
abatement request that is required after Grunewald submits their application
for tax abatement assistance…
Mr. William Coppola of Grunewald New Technologies, Inc. was present to answer
questions regarding the proposed industrial facility and possible tax abatement.
He explained there would be 47 initial jobs, approximately $27.50 per hour
wages. No action was taken at this time.
Supervisor Solden presented the following memo:
The Waterford Schools and OCC would like us to join in to form a committee
to identify diversity issues and how they affect all. I feel our support would
give us a better understanding and improve relationships among diverse groups
and promote good will. (See Attached)
Please place on the agenda for the April 23, 2001, Township
Board meeting the following:
 |
Approval of three-way partnership with Waterford
Schools and Oakland Community College for a diversity Committee. |
Moved by O’Shea,
Supported by Deni, RESOLVED, to approve a three-way partnership with Waterford
Schools and Oakland Community College for a diversity committee.
Motion carried unanimously.
The following memo was received from Fiscal and Human Resources Director Rob
Seeterlin:
We have recently concluded negotiations with the permanent part-time parks
and recreation employees who joined the Teamsters bargaining group on February
15, 2000. This group is made up of Hess Farm Workers and Caretaker, CAI
Custodians, Clerical Employees, Senior Aides and a Printer Operator. These
positions are all permanent part-time positions and do not include temporary
or seasonal workers. The tentative agreement covering wages and working
conditions is attached.
Prior to joining the Teamsters, employees in these positions were paid in
accordance with
the wages published in the Township Budget. Currently clerical employees, farm
workers and custodians make $8.50 per hour, the printer operator and senior
aides make $8.75 and the caretaker makes $10.00. Wages for these positions
were last increased in 1999. The caretaker position was created in 2000.
The overall wage increase for the employees making $8.50 is 21.3%. For
those making $8.75 the increase is 17.8%. For the Caretaker the increase is
3.1%. These wages will make our pay comparable with similar positions in other
communities.
Other changes in working conditions include a paid time off provision. This
will allow employees to take time off or allow them to be paid for scheduled
holidays. This is similar to the paid time off allowed the permanent part-time
employees in the library. All other contract provisions allowed the part-time
library employees will also be provided to the parks and recreation employees.
I recommend that the Board approve this agreement.
Tentative Agreement
Part Time Parks & Recreation - Teamsters
April 9, 2001
Wages
85%
90%
95% 100%
1/1/00
8.08
8.55
9.03
9.50
1/1/01
8.76
9.28
9.79
10.31
Farm Caretaker
1/1/00
8.50
9.00
9.50
10.00
1/1/01
8.76
9.28
9.79
10.31
Advancement through the pay ranges will convert at ratification from the
current 1-4 years to 1-2 years equal to all other Teamster employees.
Paid Time Off
Employees working 1,000 hours or more in the prior year will be eligible for
the paid time off equal to that provided Part-time Library Employees (60 hours
of PTO per year). Those working less than 1,000 and more than 500 hours will be
½ the amount of hours provided to the Part-time Library Employees (30 hours of
PTO per year). Those working less than 500 hours will not be given any paid time
off.
The first credit for PTO will be 1/01/02
Hours of Work
Employees shall be allowed to work more than 30 hours per week but no more
than 1,664 hours per calendar year.
Other Articles
Article 49, shall apply to the part-time Parks & Recreation Employees.
Moved by Deni,
Supported by Maloney, RESOLVED, to approve the agreement presented for Teamsters
part-time employee ratification as recommended.
Motion carried unanimously.
The following memo was also received from Fiscal and Human Resources Director
Seeterlin:
Attached is the resume of Franklin Fisher for the position of GIS
Technician. Based on the recommendation of Denise Dodd, IS Director, and Lisa
Poisson, GIS Manager, I am confident that Mr. Fisher will be an asset to the
Township. It is recommended that the Board approve his appointment, effective
April 30, 3001…
Moved by Deni,
Supported by O’Shea, RESOLVED, to approve Franklin Fisher as GIS Technician,
effective April 30, 2001, and add him to the Management and Administrative
Group.
Motion carried unanimously.
Moved by Deni,
Supported by Minton, RESOLVED, to adjourn the meeting at 8:48 PM.
Motion carried unanimously.
_________________________
Betty Fortino, Clerk
___________________________
Carl Solden, Supervisor
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