The Charter Township of Waterford, Michigan
Clerk's Office: Betty Fortino (248) 674-6266 Contact Us  

                             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:

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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

 

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Carl Solden, Supervisor