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The Charter Township of Waterford, Michigan | ||||||
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CHARTER TOWNSHIP OF WATERFORD 5200 CIVIC CENTER DRIVE WATERFORD, MI 48329 February 11, 2002, 6:30 PM - A G E N D A – PRAYER: Rev. David Parks of Waterford Church of Christ ANNOUNCEMENTS: AWARDS & PRESENTATIONS: REPORTS: FIRST INTRODUCTION: NEW BUSINESS:
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 at February 11, 2002,
PRESENT: OTHERS PRESENT: Supervisor Solden called the meeting to order at 6:32 PM. A moment of silence was observed, as there was no minister present. Supervisor Solden then led the Pledge of Allegiance.
Moved by Deni, Motion carried unanimously.
Moved by O’Shea, Motion carried unanimously.
Moved by O’Shea, Motion carried unanimously. Supervisor Solden made the following announcements: 1. Township offices will be closed Monday, February 18, 2002 for Presidents’ Day The Awards Committee had selected Dennis Wynn of 51st District Court as the Employee of the Year for 2001. Dennis received his award and congratulations from all present on this fine achievement. Moved by Fortino, Motion carried unanimously.
The following reports were presented: Treasurer Dept, November and December, 2001 Moved by Deni, Motion carried unanimously.
The Board recently approved an amendment to the General Employees Retirement Ordinance for Final Adoption. The Pension Committee’s Attorney, David Parrott, has since recommended changes/corrections. The corrected sections were presented for First Introduction and follow here: ARTICLE III. RETIREMENT SYSTEMSec. 2-73. Definitions. The following words and phrases, as used in this article, unless a different meaning is clearly indicated by the context, shall have the following meanings: Accumulated contributions means the sum of all amounts deducted from the compensations of a member, plus all single sum contributions made by the member, and credited to his individual account in the member's deposit fund, together with regular interest thereon. Beneficiary means any person, except a retirant, who is in receipt of, or who has entitlement to, a pension or other benefit, payable from funds of the retirement system. Compensation means the salary or base hourly rate, whether payment thereof is deferred to a later date or not, longevity pay, worker's compensation supplement and shift premium. This definition shall be exclusive of any remuneration for payments in consideration for unused sick leave accumulations, for overtime services, basic worker's compensation benefits and for allowances or reimbursement for clothing, equipment, travel expenses, or other similar expenses. The annual compensation of each employee taken into account in determining benefit accruals in any retirement system year beginning after December 31, 2001 shall not exceed $200,000. Annual compensation means compensation during the calendar year or such other consecutive 12-month period over which compensation is otherwise determined under this article (the determination period). In determining benefit accruals in years beginning after December 31, 2001, the annual compensation limit for determination periods beginning before January 1, 2002 shall be $150,000 for any determination period beginning in 1996 or earlier; $160,000 for any determination period beginning in 1997, 1998, or 1999; and $170,000 for any determination period beginning in 2000 or 2001. The $200,000 limit on annual compensation shall be adjusted for cost-of-living increases in accordance with section 401(a)(17)(B) of the Internal Revenue Code. The cost-of-living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year. Contract shall mean a written bargain or agreement made between a group (meaning a number of persons classified together) of employees and the Township Board. Credited service means service credited to a member's service account to the extent provided in this article. Elected official any person who gains a seat by election of the voters or is duly appointed to serve on the township board of trustees and is properly installed by the township clerk. Employee means any person in the employ of the township. Final average compensation means the monthly average of the compensation paid a member during the period of the highest three (3) consecutive years contained within his or her five (5) years of credited service immediately preceding termination of his or her last employment with the township. Member means any employee who is included in the membership of the retirement system. Part time employee means any person hired as less than a full time or permanent employee and is designated to work a limited number of hours. Such an employee shall work approximately twenty (20) hours per week during a normal workweek. Pension means a monthly amount payable by the retirement system throughout the future life of a person or for a temporary period as provided in this article. Pension committee or committee means the pension committee provided for in this article. Pension reserve means the present value of all future payments to be made on account of any pension. Such pension reserve shall be computed on the basis of such mortality and other tables of experience, and regular interest, as the pension committee shall from time to time adopt. Regular interest means such rate or rates of interest per annum, compounded annually, as the pension committee shall from time to time adopt. Retirant means any member who retires with a pension payable from funds of the retirement system. Retirement means a member's withdrawal from the employ of the township with a pension payable by the retirement system. Retirement system or system means the Waterford Township Employees Retirement System created and established by this article. Service means personal service rendered to the township by an employee of the township. Temporary employee means any person hired as less than a permanent employee designated to work a limited number of days, not to exceed ninety (90) days in any calendar year. Township means the Charter Township of Waterford, Oakland County, Michigan, and shall include its several departments, commissions, boards and agencies. Township board or board means the board of trustees of the Charter Township of Waterford. Worker's compensation period means the time period a member or retirant is in receipt of worker's compensation arising out of township employment. If the claim is redeemed by payment of a single sum "worker's compensation period" shall be the time period, if any, the member was in receipt of weekly worker's compensation benefits plus the period arrived at by dividing the said single sum by the weekly worker's compensation benefit paid prior to redemption. The masculine gender shall include the feminine gender, and words of the singular number with respect to persons shall include the plural number, and vice versa. Sec. 2-128. Required minimum distributions. (a) In accordance with section 401(a)(9) of the Internal Revenue Code and the regulations thereunder, which are incorporated herein by reference, a member’s pension shall be distributed to him or her not later than April 1 of the calendar year following the later of:
(b) With respect to distributions under this article made for calendar years beginning on or after January 1, 2001, the minimum distribution requirements of section 401(a)(9) of the Internal Revenue Code will be applied in accordance with the regulations under section 401(a)(9) that were proposed on January 17, 2001, notwithstanding any provision of this article to the contrary. This amendment shall continue in effect until the end of the last calendar year beginning before the effective date of final regulations under section 401(a)(9) or such other date as may be specified in guidance published by the Internal Revenue Service. Sec. 2-172. Non duty death benefits. (a) Any member who continues in the employ of the township on or after the date of acquiring ten (10) years of credited service may, at any time prior to the effective date of retirement, but not thereafter, elect Option A provided in section 2-143 in the same manner as if the member were retiring from the employ of the township, and nominate a beneficiary whom the committee finds to be dependent upon the said member for at least fifty (50) percent of his financial support. Prior to the effective date of their retirement, but not thereafter, a member may revoke the said election of Option A and nomination of beneficiary and the member may again elect said Option A and nominate a beneficiary as provided in this subsection. Upon the death of a member who has an Option A election in force, the decedents beneficiary, if living, shall immediately receive a pension computed in the same manner in all respects as if the said member had retired the day preceding the date of death, notwithstanding the fact the decedent may not have attained the age sixty (60) years. The pension shall terminate upon the death of the said beneficiary. No benefits shall be paid under this subsection on account of the death of a member if any benefits are paid under section 2-171 on account of the member’s death.(b) A member who continues in the employ of the township on or after the date of acquiring ten (10) years of credited service and does not have an Option A election in force as provided in subsection (a) of this section and (1) dies while in the employ of the township, and (2) leaves a widow, a widower, the widow or widower shall immediately receive a pension computed in the same manner in all respects as if the member had (1) retired the day preceding the date of death, notwithstanding that the decedent may not have attained age sixty (60) years, (2) elected Option A provided in section 2-143, and (3) nominated the said widow or widower as beneficiary. The pension shall terminate upon the death of said widow or widower. No benefits shall be paid under this subsection on account of death of a member if any benefits are paid under section 2-171 on account of the member’s death. The ten (10) year credited service requirement shall be reduced to eight (8) years upon a member's attainment of age sixty (60) years. Sec. 2-188. Eligible rollover distributions. (a) This subsection applies to distributions made on or after January 1, 1993. Notwithstanding any provision of this article to the contrary that would otherwise limit a distributee’s election under this section, a distributee may elect, at the time and in the manner prescribed by the pension committee, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (1) Definitions.
(b) This subsection shall apply to distributions made after December 31, 2001.
Moved by O’Shea, Motion carried unanimously. The following letter was received from Township Attorney Peter Donlin: Enclosed please find a revised Amendment to the Code of Ordinances relative to our two (2) Tampering Ordinances. Section 11-130, sub-paragraphs 1 through 3, applicable to motor vehicles, was taken from the State Law and incorporated into our Ordinance years ago. Subsequent to that time, we enacted a General Tampering Ordinance dealing with other property. Due to a ruling by one of our District Court Judge’s, it is felt that the addition of sub-paragraph 4 to Section 11-130 is necessary inasmuch as the Court Ruling held that Section 11-130 would be the only Ordinance applicable to any Tampering with a motor vehicle. I have also included a definition of the words "tamper or meddle" in Section 11-129 so as to further clarify the General Tampering Ordinance. There are also some small editing text changes to Section 11-129. I am enclosing a copy of the existing as well as the proposed. This has been approved by the Police Department and is submitted to the Board for action. The amendment to the Code of Ordinances, Chapter 11, Article IV, Tampering, was on the agenda for final adoption. It follows here: It is ordained that Chapter 11, Article IV, Offenses Against Property of the Code of Ordinances be amended to read as follows: Sec. 11-129. Tampering – Generally. A person commits the offense of tampering if, having no right or authority to do so, and no reasonable ground to believe that he or she has such right, shall tamper or meddle with public property, or private property belonging to another person, irrespective of the consequences of the offense. The words "tamper" or "meddle" are defined as touching or examining personal property, or moving onto real property, or interfering in said real or personal property without right, propriety or interest. Violations of this Section shall be subject to punishment and sanctions as set forth in Sec. 1-10 of this Code. Sec. 11-130. Same – Motor Vehicle. Any person shall be guilty of violations of this Code who shall: 1. Intentionally and without authority from the owner, start or cause to be started the motor of any motor vehicle, or maliciously shift or change the starting device or gears of a standing motor vehicle to a position other than that in which it was left by the owner or driver of such vehicle; 2. Intentionally cut, mark, scratch or damage the chassis, running gear, body, sides, top, covering or upholstering of any motor vehicle, the property of another, or intentionally cut, mash, mark, destroy or damage such motor vehicle, or any of the accessories, equipment, appurtenances or attachments thereof, or any spare or extra parts thereon being or thereto attached, without the permission of the owner thereof; or 3. Intentionally release the brake upon any standing motor vehicle, with intent to injure said machine and cause the same to be removed without the consent of the owner; provided that this section shall not apply in case of moving or starting of motor vehicles by the police under authority of local ordinance or by members of fire departments in case of emergency in the vicinity of a fire. 4. Intentionally open or enter, or attempts to open or enter, any door, hatch, trunk or window of a motor vehicle without permission or authority from the owner or one having right of possession of the vehicle. This Amendment shall become effective upon final publication in the manner prescribed by law. Moved by Deni, Moved by Fox, Motion carried unanimously. A bid opening had been scheduled for cabling for 51st District Court. The following bids were opened: The DataCom Group,
Inc.
$26,315.00 Moved by Fortino, Motion carried unanimously. The following memo was received from DPW Director Terry Biederman:
Moved by O’Shea, Motion carried unanimously.
Moved by Fortino, Motion carried unanimously. The following memo was received from Community Planning and Development Director Bob Vallina: Waterford Township has had a long history of community-mindedness and spirit. The creation of the CAI right after World War II by a group of dedicated citizens is proof of this community spirit and the desire to create a gathering place for the community. However, what a small group of volunteers built and operated as a community center for a rural, cottage-based community of approximately 24,000 residents will not sustain a mature, urban community of 73,000 residents. The need for a center that will embody Waterford’s community spirit has been identified since at least the mid-1980’s. Waterford’s Parks and Recreation Department developed a proposal for a new com-rec center in 1990. A group of citizens worked on the proposal to fund the construction and operation of this plan exclusively through a millage. The plan to fund the com-rec center exclusively through a millage was defeated and the plans were put on the shelf. Over a decade has passed, the population has grown, and the demand for recreational services has outstripped the capacity of the existing facilities to properly serve this demand. In the midst of our current master plan process, one of the primary goals that citizens have continually identified is the creation of a new community center facility. In fact, in a community survey done as part of the master plan effort, there is significant evidence of support for the construction of a community center and for a millage as a component of the funding solution, provided that it is not above a certain level. A copy of this page from the survey is attached for your information. The facilities where our limited recreational programs are housed are well over capacity, aging, high-maintenance facilities that require a substantial infusion of funding to maintain them to at least a fair level of service. The Township Board several years ago worked to keep the aging CAI Building open specifically because of the lack of any other facilities in the Township to house these programs. Both the CAI Building and the Senior Center are limited in what they can offer our citizens in the way of recreation and quality of life programs. Add to those the Andersonville Church and Monteith School, and the decisions for funding the continued improvements and maintenance of these buildings becomes a major factor in determining the future of Waterford’s recreational facilities. It is apparent that this community must decide whether they want to continue with the current limited amount of recreational programs by expending a substantial amount of funds to maintain the current facilities, or if it is time to invest in the future by constructing and operating a new community center. The Board should not make this decision without a thorough review of the feasibility, cost/benefit estimates, and funding methods. Two options for gathering and assembling this information are available. One option would be for an outside consultant to conduct all phases of a preliminary feasibility study. Another option would be to conduct as much of the feasibility research with existing staff from a number of our departments. Using an outside consultant for all phases of a feasibility study will be costly. As a benchmark, one consulting company provided an estimate for $45,000 to gather the needed information. No one is sure exactly what the community wishes to see in a community center, if they want one at all. Allowing an outside consultant to set the parameters for this process, we lose control over the process. Regarding the second option, the Township Planning Commission and Community Planning & Development Department staff are already working on some of the research needed for a feasibility study. With the support of the Township Board, allocation of staff resources from the Parks & Recreation, Community Planning & Development, Building & Engineering, and Fiscal & Human Resources Departments will be devoted for feasibility research and information gathering. Once all information has been gathered and studied, we will bring back for your consideration and discussion an evaluation of the feasibility, cost/benefit, and funding options for implementing the development of a community center. So that an effective evaluation of the community center concept can be conducted for you, we respectfully request your approval and support of the attached project feasibility timeline and the allocation of staff time and resources for research into, and the preparation of a report on, the feasibility of building a community center. Proposed Project Task Timeline for Community Center First Phase (February-April, 2002) I. Needs Assessment
II. Site Assessment
III. Partnership Assessment (Township staff)
Second Phase (April-May, 2002)
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