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The Charter Township of Waterford, Michigan | ||||||
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CHARTER TOWNSHIP OF WATERFORD PRAYER: Rev. William Merrell of Peace Lutheran Church ANNOUNCEMENTS: AWARDS & PRESENTATIONS: REPORTS: NEW BUSINESS:
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 AT TOWN HALL. MINUTES ARE AVAILABLE UPON REQUEST AT THE CLERK’S DEPARTMENT, AND ON THE TOWNSHIP'S WEB SITE. Minutes of the Waterford Township Board Meeting, held April 26, 2004 at 6:30 PM in Town Hall Auditorium, 5200 Civic Center Drive, Waterford, Michigan. PRESENT: OTHERS PRESENT: Supervisor Carl Solden called the meeting to order at 6:30 PM. Reverend William Merrell of Peace Lutheran Church offered an ecumenical prayer on behalf of the Board. 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: Election workers are needed for upcoming August and November elections. Please call Betty Fortino, Clerk, at 674-6266 if interested or visit our website. The following resolution was presented to honor the late U.S. Army Pvt FC Damian S. Bushart: RESOLUTION RECOGNIZING ARMY PRIVATE FIRST CLASS DAMIAN SCOTT
BUSHART WHEREAS, United States Army Private First Class (Pfc.) Damian Scott Bushart passed away on November 22, 2003, fighting in the war against Iraq, and WHEREAS, Army Pfc. Damian Scott Bushart was born May 27, 1981 into a family with close military ties and developed a desire to serve his country, and WHEREAS, Army Pfc. Damian Scott Bushart graduated from Waterford Our Lady of the Lakes High School, and participated in martial arts and football, and was known for his perseverance, his commitment and his determination to meet his goals, and WHEREAS, Army Pfc. Damian Scott Bushart was also a First Sergeant of the Waterford Composite Squadron in the Civil Air Patrol, and WHEREAS, the Bushart family has lost a beloved father, son, brother, and we, who never had the opportunity to know him, also mourn the loss of this fine young man. NOW, THEREFORE, BE IT RESOLVED, that the Waterford Township Board hereby recognizes U. S. Army Private First Class Damian Scott Bushart. We are grateful to him for all of the sacrifices he made, and proud of him for his honorable military career. BE IT FURTHER RESOLVED, that the Waterford Township Board offers it's most sincere condolences to the entire Bushart family, in hopes that their grief and suffering is eased by the fact that Damian’s life was so well lived. We hereby proclaim May 27, 2004 to be "Private First Class Damian Scott Bushart Day" in his honor. Moved by Fortino, Motion carried unanimously. The Awards Committee had selected Ernie Bedford of 51st District Court as the Employee of the Month for April, 2004. Supervisor Solden presented a plaque and offered congratulations on behalf of the Board. Moved by Fortino, Motion carried unanimously. Supervisor Solden also honored Township Library Director Nancy Smith and IS Director Denise Dodd for their years of service to the Township, presented a plaque on behalf of the Board and offered best wishes for their retirement. The following report was presented: Moved by Deni, Motion carried unanimously. A Bid Opening had been scheduled for a well house replacement for the Department of Public Works. The following bids were opened:
Moved by Fortino, Motion carried unanimously. Supervisor Solden had requested the appointment of Lillian Sharrard to the Parks and Recreation Board. Moved by Fortino, Motion carried unanimously. The Clerk had received a request for a new SDM Liquor License at 7960 Cooley Lake Road, CVS/Arbor Drugs, Inc. All requirements had been met. Moved by Deni, Motion carried unanimously. A letter was received from Cable Coordinator Janet Christian explaining an underpayment from Comcast discovered in November, 2003. She presented the following Letter of Agreement which outlines the omission and the underpayment, and states that payment by Comcast precludes the Township from reopening the issue of franchise fees associated with home shopping and ad revenues for the period of time cited: LETTER OF UNDERSTANDING AND AGREEMENT This LETTER OF UNDERSTANDING AND Agreement (hereafter "Agreement") is entered into this __________day of _______, 2004, by and between Comcast Cable, and its agents, affiliates, employees, principals, officers, directors, successors and assigns (hereafter "Comcast") and the Charter Township of Waterford (hereafter "Township"). WITNESSETH: WHEREAS, Comcast and the Township are parties to a Franchise Agreement effective October 26, 1998, through which Comcast provides cable television services to the residents in the Township. WHEREAS, Under the terms of the Franchise Agreement, Comcast is required to pay a quarterly franchise fee equal to 5 percent of gross revenues derived from the operation of the cable system to provide cable service; and WHEREAS, Comcast undertook an internal review of the franchise fee payments made to the Township for the purposes of determining the accuracy of home shopping and advertisement revenues included in franchise fee payments to the Township for the period beginning July 1, 2002 through September 30, 2003, (the "review"); and WHEREAS, the review found that Comcast omitted franchise fee payments for home shopping and advertisement revenues that were properly due the township, and WHEREAS, Comcast represents that its internal review confirmed that franchise fee payments due to the Township for the periods before July 1, 2002, and after September 30, 2003, included home shopping and advertisement revenues in franchise fee payments due to the Township, and WHEREAS, Comcast and the Township desire to resolve the issue of the omitted payments in accordance with the provisions of this Agreement. II. Terms of Agreement and Release Terms and Release. Upon execution of this Agreement, and for and in consideration of the sum of $86,380.11 plus interest at the rate required by the Franchise Agreement, Township releases, acquits, and forever discharges Comcast from any further claims, demands, or manner of actions relating to any payment of franchise fees for home shopping and advertisement revenues both in law and equity for the period from July 1, 2002 through September 30, 2003. B. Choice of Law. This document is to be construed and interpreted in accordance with the laws of the State of Michigan. C. Modification. This Agreement may not be changed or amended in any manner whatsoever except in writing signed by each of the parties. D. Entire Agreement. This Agreement is the entire agreement between the parties relating to the payment of franchise fees for home shopping and advertisement revenues for the period from July 1, 2002 through September 30, 2003 and there are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever. E. This agreement in no way alters or amends the provisions of the Franchise Agreement between Comcast and Waterford Township or the Township’s rights under that agreement except for the Township’s rights to audit and contest franchise fees for home shopping and advertisement revenues for the period from July 1, 2002 through September 30, 2003. F. Each of the parties hereto warrants and represents that such party: (a) has carefully read the terms of this Agreement and knows the contents of this Agreement; (b) is represented by counsel and has discusses the terms and provisions of this Agreement with its counsel; (c) fully understands the meaning and effect of this Agreement; (d) has entered into and executed this Agreement upon its own free and voluntary act and deed, without compulsion of any kind; (e) is not relying upon any statement or representation of any person, and that no inducement except as herein expressed has been made to it; and (f) has the full power and authority to enter into this Agreement, to make the representations contained in this Agreement and to release the claims released hereby. This Agreement shall not be subject to any claim of mistake of fact, fraud, duress or deception, and the parties hereto expressly waive any and all such claimsG. Documents. The parties agree to execute or cause to be executed and to deliver or cause to be delivered all documents reasonably necessary to carry out the terms and conditions of this Agreement. Moved by Fox, Motion carried unanimously. The Clerk had received a request for a Carnival Permit for the Waterford Coalition for Youth. The applicant is waiting for a campground license from Oakland County to be processed, as well as final approval from the Waterford Police Department. Moved by O’Shea, Motion carried unanimously. Moved by Deni, Motion carried unanimously.
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