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CHARTER TOWNSHIP OF WATERFORD
5200 CIVIC CENTER DRIVE
WATERFORD, MI 48329
NOVEMBER 26, 2001, 6:30 PM
- A G E N D A –
PRAYER:
Pastor Scott Taylor of Faih Baptist Church
APPROVE AGENDA –
APPROVE MINUTES –
APPROVE BILL PAYMENT –
ANNOUNCEMENTS:
Township Offices will be closed December 24 and 25, 2001 for Christmas
holiday. Offices will also be closed December 31, 2001 & January 1, 2002 for
the New Year holiday.
A Special Primary Election will be held January 8, 2002. This election is for
Oakland County Commissioner District 4.
AWARDS & PRESENTATIONS:
1. Employee of the Month for November, 2001, Mary Rice of the Library
Department
REPORTS:
Clerk’s Department, October, 2001
DPW Department, October, 2001
Police Department, September, 2001
Treasurer’s Department, October, 2001
Library’s Department, October, 2001
FIRST INTRODUCTION:
1. Amendment to Waterford General
Employees Pension Fund Ordinance
2. Amendment to Chapter 10, Article VII, Motor Carrier Safety Rules
NEW BUSINESS:
1. Bid Opening, Compost Site
Chipping, Facilities and Operations Department
2. Approval of the purchase of a vehicle for the Motor Carrier position
3. Public Hearing for Local Law Enforcement Block Grant
4. Award of Township Fire Alarm and Notification System Design
5. Authorization of Overtime for Management & Administration Employees
6. Lease Agreement for Terrell Street Water Tower Site with Voicestream (Omnipoint)
7. Lease Agreement for Terrell Street Water Tower Site with Nextel
8. Approval of resolution for Special Assessment District for Watkins Lake
dredging
9. Approval of resolution for Special Assessment District for Williams
Lake dredging
___________________________________
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.
November 26Minutes of the Waterford Township Board Meeting, held November 26, 2001at
6:30 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:
Dennis
Griffin
Alfred Beanblossom
Keith Wheeler
Sue Camilleri
Alice
Bergstrom
Lisa Fitch
Dale LaCroix
Robert Sharrard
Rob Seeterlin
Kyle
Bateman
Don Hillstrom
Ben White
Ben Soltisz
Terry
Bateman
Don Hillstrom
David Soltisz
Carla Soltisz
Terry Biederman
Liz Sorles
Patrick Ogg
Mary Rice
Randy
Norris
Sue
Howard
Cliff Howard
Donald
Manuel
Victor
Manuel
Robert Campeau
Supervisor Solden called the meeting to order at 6:30 PM. Pastor Scott Taylor
of Faith Baptist Church led a 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 Deni, RESOLVED, to approve the November 14, 2001 minutes as
printed.
Motion carried unanimously.
Moved by Deni,
Supported by Fox, RESOLVED, to approve the payment of the bills for November 26,
2001. A list of bills is attached to these minutes.
Motion carried unanimously.
Supervisor Solden made the following announcements:
1. Township Offices will be closed December 24 and 25, 2001 for
Christmas holiday. Offices will also be closed December 31, 2001 and January 1,
2002 for New Years holiday.
2. A Special Primary Election will be held January 8, 2002. This election
is for Oakland County Commissioner District 4.
Mary Rice of the Library Department was nominated for Employee of the Month
for November, 2001 by the Awards Committee. Supervisor Solden presented Mary
with a plaque and offered congratulations to her on behalf of the Board.
Moved by Fortino,
Supported by O’Shea, RESOLVED, to concur with the Awards Committee and
recognize Mary Rice of the Library Department as Employee of the Month for
November, 2001.
Motion carried unanimously.
The following reports were presented:
1. Clerk’s Department, October, 2001
2. DPW Department, October, 2001
3. Police Department, September, 2001
4. Treasurer’s Department, October, 2001
5. Library’s Department, October, 2001
Moved by Deni,
Supported by Fox, RESOLVED, to receive the foregoing reports.
Motion carried unanimously.
The following memo was received from the Pension Committee Chairperson Nancy
J. Smith:
The General Employees’ Pension Committee is recommending several
amendments to the Waterford General Employees Pension Fund Ordinance for the
purpose of retaining our qualified plan status under the Internal Revenue
Service code, as required by changes in the U.S. tax law. These amendments to
the Ordinance were drafted by the Fund’s attorney David Parrott and must be
adopted by the Township Board before 12/31/01 for the Pension plan to retain
its qualified status. Mr. Parrott will be consulting with the Township’s
attorney on the final language of the Ordinance amendments. He will attend the
November 26 ownship Board meeting to answer any questions you may have. Thank
you for your consideration of this request.
The resolution recommending amendments to maintain qualified status follows:
WHEREAS, the Pension Committee is vested with the power and authority to
administer, manage and operate the retirement system, and to interpret and
implement the provisions of the Waterford Township Employees Retirement System
Ordinance, and
WHEREAS, Section 2-78 of the Waterford Township Employees Retirement System
Ordinance provides that the Township intends the Retirement System to be a
qualified pension plan under 401 of the internal Revenue Code and the trust to
be an exempt organization under 501 of the Internal Revenue Code, and
WHEREAS, the Pension Committee’s legal advisor has made the Committee
aware that the remedial amendment period during which governmental plans may
be retroactively amended in order to maintain qualified status by complying
with amendments to the Internal Revenue Code from 1986 to present is expiring
for calendar year plans such as the Waterford Township Employees Retirement
System on December 31, 2001, and
WHEREAS, in response thereto, the Chairperson authorized the Committee’s
legal advisor to prepare such proposed qualification amendments, and
WHEREAS, the Committee has received, reviewed and discussed its legal
advisor’s proposed qualification amendments;
NOW, THEREFORE, BE IT RESOLVED, that the Pension Committee ratifies its
Chairperson’s authorization of the Committee’s legal advisor to prepare
proposed Internal Revenue Code qualification amendments to the Waterford
Township Employees Retirement System; and
RESOLVED, that the Pension Committee accepts its legal advisor’s proposed
Internal Revenue Code qualification amendments to the Waterford Township
Employees Retirement System as attached hereto, and recommends the adoption of
same by the Waterford Township Board of Trustees; and
RESOLVED, that a copy of this resolution and the attached proposed Internal
Revenue Code qualification amendments be forwarded to the Waterford Township
Board of Trustees for consideration and appropriate action; and
RESOLVED, that the Pension Committee’s legal advisor be authorized to
consult with the Waterford Township Board of Trustees and Township Attorney in
order to facilitate the adoption of the attached proposed Internal Revenue
Code qualification amdendments by the Board of Trustees; and
RESOLVED, that upon the adoption of the attached proposed Internal Revenue
Code qualification amendments by the Waterford Township Board of Trustees, the
Pension Committee’s legal advisor is authorized to proceed with seeking a
determination letter from the Internal Revenue Service as to the qualified
status of the Waterford Township Employees Retirement System; and
RESOLVED, that the Chairperson or the Secretary in the Chairperson’s
absence are authorized to execute all necessary documents submitted by the
Pension Committee’s
legal advisor in connection with the determination letter request to the
Internal Revenue Service.
Moved by O’Shea,
Supported by Deni, RESOLVED, to approve the foregoing resolution recommending
Ordinance Amendments to the Waterford General Employees Pension Fund Ordinance
for First Introduction, publish the amendments in the newspaper, and place on
the next agenda for Final Adoption. (Due to the length, the amendments are
attached to these minutes).
Motion carried unanimously.
The following memo was received from Attorney Peter Donlin:
I have prepared for your review and adoption an Amendment to the Code of
Ordinances relative to the adoption of the Motor Carrier Safety Rules and Laws
by reference, as promulgated by the Michigan State Police Department.
Last year, the Legislature passed several related amendments to the Motor
Carrier Safety Act, the Michigan Vehicle Code, the Motor Carrier Safety Act of
1963, and the revised Judicature Act relative to the decriminalization of the
punishment for the majority of the violations of the Motor Carrier Safety Laws
and for the allocation of fine and costs received by the district courts for
violations thereof.
According to the statutes and amendments referenced above, the civil fine
monies received by the district court are required to be paid to the County
Treasurer and allocated 70%f to the political subdivision in which the
citation is issued and 30% for library purposes. It is my understanding that
the district court has made arrangements with the County Treasurer whereby the
70% would be retained by the district court rather than sent to the County and
returned back.
The Amendment to the Motor Carrier Act requires that local ordinances be
preempted by the amendment to the State Laws. Therefore, as evidenced by the
proposed amendment to Section 10-311, regarding violation and sanctions, the
violations of the Motor Carrier Safety Act now are decriminalized to be civil
infractions except for the violations related to transportation of hazardous
materials, which remains a misdemeanor under the Act, and our Code.
This proposed Amendment has been reviewed and approved by the Police
Department, and is submitted now for the Board’s review.
It is ordained that Chapter 10, Article VIII, "Motor
Carrier Safety Rules" of the Code of Ordinances be amended, in part, to
read as follows:
Sec. 10-307. Purpose.
The purpose of this article is declared as follows:
(1) To facilitate the local enforcement of Act No. 181 of
the Public Acts of 1963 as amended (MCL 480.11 et seq.) and the Motor
Carrier Safety Rules issued by the Department of State Police, Motor Carrier
Division including subsequent additions and amendments thereto.
(2) To adopt those rules, by reference, so far as they
may be amenable to local law enforcement by the police department of the
township under section 23 of the Charter Township Act, Act No. 359 of the
Public Acts of 1947 (MCL 42.23, as amended).
(3) To provide for sanctions for violations of the motor
carrier safety rules as adopted into this Code.
Sec. 10-308. Adopted by reference.
The motor carrier safety rules as promulgated by the
Department of State Police, Motor Carrier Division with subsequent additions and
amendments thereto, are hereby adopted, by reference. Copies of the rules shall
be kept on file in the office of the township clerk and shall be open for
inspection by the general public at all reasonable times.
Sec. 10-309. Enforcement.
(a) All peace officers of the township having reasonable
cause to believe that a motor vehicle, bus, truck, truck tractor, trailer or
certain other motor vehicles being operated in violation of the motor carrier
safety rules or other provision of this article may stop the vehicle and make a
full inspection.
(b) In the event that the officer determines a violation has
occurred, the officer may issue a violation notice in the same manner as under
the Michigan Vehicle Code. This violation notice shall serve as a complaint to
be filed in the District Court.
Sec. 10-311. Violation; Civil Infraction, Sanctions and
Misdemeanor
(a)Any driver or operator who violated this article, or any
owner or user of any bus, truck, truck tractor, or certain other motor
vehicles, or any officer or agent of any individual, partnership, corporation,
or association, or their lessees or receivers appointed by any court, that is
the owner or user of any such vehicle, who requires or permits the driver or
operator to operate or drive any truck, truck tractor or trailer in violation
of this article, shall be subject to sanctions and punishment by the Court as
follows:
1. A civil fine of not more than Two Hundred Fifty
($250.00) Dollars, which may include all expenses, direct or indirect, to
which the Township has been put in connection with the civil infraction up to
the entry of Judgment.
2. Costs of not less than $5.00 nor greater than $100.00.
3. A driver or operator or an owner or user of any bus,
truck, truck tractor, or trailer, or certain other motor vehicles or any
officer or agent of an individual, partnership, corporation, or association or
their lessees or receivers appointed by any court that is the owner or user of
any vehicle, who requires or permits the driver or operator to operate a
vehicle with a serious safety defect is subject to a civil fine of not more
than $300.00 for each violation.
4. A driver or operator or an owner or user of a bus,
truck, truck tractor, or trailer, or certain other motor vehicles, or an
officer or agent of an individual, partnership, corporation, or association,
or their lessees or receiver appointed by a court that is the owner or user of
a vehicle, who required or permits the driver or operator to operate or drive
a bus, truck, truck tractor, or trailer, or certain other motor vehicles, that
violates this ordinance wherein the vehicle is transporting a package required
to be marked or labeled under 49 C.F.R. part 100 to 180, upon conviction, is
punishable by a fine of not more than $500.00 for each violation.
5. An officer, employee, owner, or agent of an individual,
partnership, corporation, or association, or their lessees or receiver
appointed by a court that is the owner or user of any hazardous materials
vehicle inspection or repair facility that violates a section of this
ordinance related to the transportation of hazardous materials, is guilty of a
misdemeanor punishable as prescribed by section 1-10 of this Code.
6. The Court (Judge, Referee or Magistrate) may also order
the person to attend and complete a program of treatment, education, or
rehabilitation.
(b) As used in this Article:
1. "Commercial Vehicle" includes a motor
vehicle used for the transportation of passengers for hire or
constructed or used for transportation of goods, wares, or merchandise
and a motor vehicle designed and used for drawing other vehicles and not
so constructed as to carry any load on the vehicle independently or any
part of the weight of a vehicle or load so drawn.
2. "Operation" means being in actual
physical control of the vehicle regardless of whether the person is
licensed under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to
257.923, as an operator or chauffeur.
3. "Person" means every natural person,
partnership, association, or corporation and their legal successors.
3. Out of service" means that process established
under the motor carrier safety act.
(c) For each violation of this article, the court, in its
discretion, shall impose sanctions pursuant to Paragraph (a) of this Section.
Moved by Fortino,
Supported by O’Shea, RESOLVED, to approve the Amendment to Chapter 10, Article
VII, Motor Carrier Safety Rules for First Introduction, publish it in the
newspaper, and place it on the next agenda for Final Adoption.
Motion carried unanimously.
A bid opening for Compost Site Chipping was submitted by the Facilities and
Operations Department.
The following bids were received:
Bedrock
Express
$10,970
Earthworks
$14,000
Environmental
Wood
$15,000
Granger Compost Services $12,395
J H Hart Urban Forestry $18,300
Putt
Inc.
$12,500
Moved by Fortino,
Supported by O’Shea, RESOLVED, to refer the foregoing bids for compost site
chipping to the Facilities and Operations Department for award to the lowest
qualified bid with a report to the Board.
Motion carried unanimously.
The following memo was received from the Police Department:
Attached is a copy of our order to Shaneen Chevrolet for the purchase of a
2002 Tahoe. The purchase price as equipped for this vehicle is $24,320.09. We
also require an additional $4,370.00 for emergency equipment and graphics,
thus bringing the total price for the vehicle to $28,690.00.
This vehicle will be assigned to the officer performing the duties of the
newly created Motor Carrier position. As we have previously discussed, we did
not budget for the expense of this vehicle in our 2001 budget. We will need to
rely on another source of funds from within the Township.
We have selected an officer to fill the Motor Carrier position and she has
already been scheduled for training…
Moved by Deni,
Supported by O’Shea, RESOLVED, to approve the purchase of a vehicle for the
Motor Carrier position as proposed by the Police Department, at a cost of
$28,690.09.
Motion carried unanimously.
Police Deputy Dale LaCroix requested a Public Hearing for a Local Law
Enforcement Block Grant. His memo follows here:
Met with Advisory Committee consisting of Honorable Judge McMillen, Walt
Bedell, Penny Aldridge, Monica Lee. Recommendation from the Advisory Board:
Money totaling $50,604.00 will be split into three specific areas
(approximately):
Equipment for Special Response
Team
$16,000
Handguns for Detectives and plainclothes
officers $14,000
Support of Sobriety
Court
$20,000
Supervisor Solden opened the hearing at 7:19 PM. The hearing was closed at
7:26 PM.
Moved by Fortino,
Supported by Minton, RESOLVED, to ratify the appropriation from the Local Law
Enforcement Block Grant for fiscal year 2002.
Motion carried unanimously.
The following memo was received from Terry Biederman:
I have attached a Memo from Keith Wheeler regarding the above-mentioned
subject for your reference.
As mentioned in Keith’s Memo, Request for Qualification’s (RFQ’s) were
sent out to perform the design of the fire alarm and notification system upgrade
at Townhall. A selection committee was formed and reviewed the submittals. I
concur with their recommendation to select DiClemente Siegel, Inc to do the
design for $19,000.
Once the design is completed and an estimate to complete the work is
established, the project could be bid to install the system pending sufficient
funds. The 2002 budget has $25,000 allocated for this activity.
The design project was budgeted in 2001 in the amount of $25,000 with funds
coming from Account 19000-97106.
Moved by O’Shea,
Supported by Deni, RESOLVED, to award the Township Fire Alarm and Notification
System Design Project to DiClementi Siegel for $19,000 as recommended above.
Moved by Fortino,
Supported by Maloney, RESOLVED, to table the award of the alarm and notification
system design.
AYES: Fortino, Fox, Maloney
NAYS: Solden, Minton, Deni, O’Shea
Motion failed.
The vote was then taken on the original motion:
AYES: Solden, Minton, Deni, O’Shea
NAYS: Fortino, Fox, Maloney .
Motion carried.
The following memo was received Fiscal & Human Resources
Director Robert J. Seeterlin,
In accordance with the Township Policy, Overtime Pay for Management and
Administrative (M&A) must be approved by the Township Board. Due to a
heavy workload associated with the moving of phones and computer equipment
into the new Police Station, I feel it is appropriate to pay the technical
staff responsible for this move Overtime. For this reason IS Director Denise
Dodd and I are requesting your approval of up to 40 hours of Overtime Pay for
each M&A employee associated with the phone and computer equipment move.
Jared Black the IS Department’s Network Administrator, Jing Chao the
Police IS Technician and Bill Smith from my office have worked on the weekends
and holidays to assure a smooth transition from the old to the new building.
This additional work has resulted in overtime that by policy must be taken as
Compensatory Time unless approve to be paid as overtime by the Township Board.
Requiring these employees to use compensatory time only further shorts their
work hours resulting in fewer hours worked during their normal workweek. It
should also be noted that the employees working this Overtime are compensated
at the lower end of the M&A pay scale.
We are fortunate to have technicians on staff who can move this equipment
without calling in outside contractors. By using in-house staff the Police and
Fire Construction Fund is saving the high cost of outside contractors. It is
appropriate that the Overtime expense, if approved by the Board, would be paid
from the Construction Fund.
I want to assure you that this request is made due to the unique need to
provide a quick and complete change over of the phone and computer equipment
in the Police
Department at the lowest cost to the Township. Because of the emergency
nature of the police department, including 911 dispatch, we wanted to assure
that all equipment was
taken down and reinstalled in the shortest time possible. To accomplish
this staff needed to work on the weekend and Holidays. I do not anticipate
similar request for M&A overtime in the future.
Moved by Deni,
Supported by Minton, RESOLVED, to Authorize Overtime for the Management &
Administration Employees as recommended by Fiscal & Human Resources Director
Robert J. Seeterlin.
Motion carried unanimously.
The following memo was received from Township Attorney Gary L. Dovre:
Over the past several months, we have been working with Mr. Biederman and
representatives of Voicestream and Nextel to arrive at acceptable terms and
conditions under which this water tower site might be used for their cellular
communications purpose. The results of that endeavor are reflected in the two
(2) agreements that accompany this letter . Although
the basic terms and conditions of these agreements are substantially the same
as prior agreements where we have leased space on water towers and sites, this
deal differs in one respect. In this situation the antennas of the companies
will not be mounted on the existing water tower. Rather, they will be mounted
within a new, 85’ tall flagpole to be built and paid for by the companies,
with Voicestream taking the lead responsibility for construction. Once
construction is complete, including the American flag, the Township will own
the flagpole and receive revenues from it.
As with our prior leases, the annual rent to be paid by each carries in
advance will be $20,000.00, for the first 5-year term, with increase for each
renewal term. During the first 5 year term, each carrier will be entitled to
partial rent abatement of no more than $4,000.00, as a partial payment to them
of their construction costs.
Apparently due to year end financial and/or planning constraints, each of
the carriers has indicated that it is important that if the Township is going
to approve this arrangement, that it be done this year. It is for that reason
that we are recommending that these items be added to your November 26, 2001,
Agenda for consideration.
Upon reviewing the last page of each agreement, you will note that the
identification of the plans is incomplete. This is because the plans that
had been reviewed and approved for Voicestream are in the process of
revision to incorporate Nextel’s installations (the basic terms of these
deals were not hammered out until November 15). Although no problem is
anticipated in that regard, we would recommend that any approval you give to
these agreements, which may be by a single or separate motions, condition
that approval and the authorization for the Supervisor’s signature on:
*1. Completion of Exhibit A with identification of plans and
specifications that have been approved by the Township DPW and Planning
Departments.
*2. DPW approval of intermodulation studies by each company,
confirming that there should be no interference with Township
communications.
Moved by Fortino,
Supported by Fox, RESOLVED, to approve the proposed Lease Agreements for
Terrell Street Water Tower Site with Voicestream (Omnipoint), with the foregoing
conditions* as recommended by Attorney Dovre.
Motion carried unanimously.
Moved by Fortino,
Supported by Deni, RESOLVED, to approve the proposed Lease Agreements for
Terrell Street Water Tower Site with Nextel, with the foregoing conditions* as
recommended by Attorney Dovre.
Motion carried unanimously.
Moved by Deni,
Supported by Fox, RESOLVED, to adjourn the meeting at 7:50 PM.
Motion carried unanimously.
__________________________
Betty Fortino, Clerk
__________________________ Carl Solden, Supervisor
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