Pittsfield Charter Twp, Michigan

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Minutes of 02-25-03

APPROVED

Minutes of a Regular Meeting
Pittsfield Charter Township Board of Trustees, February 25, 2003
E.A. Jackson Morris Hall, The Robert A. Lillie Service Center
6201 W. Michigan Avenue, Ann Arbor, Michigan 48108

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1.0 Call Meeting to Order
Supervisor Walter called the meeting to order at 7:30 p.m., a quorum was present.

2.0 Pledge of Allegiance led bySupervisor Walter.

3.0 Roll Call all members present.

4.0 Open Meetings Act/Public Comment I

Supervisor Walter added items 15.4, the purchase of a vehicle, and 15.5, the hire of an Administrative Secretary for Public Safety, to the agenda.

5.0 Public Hearings/Presentations

6.0 Approval of Minutes

6.1 Request Approval of the Minutes of the Regular Board Meeting Held on February 11, 2003.

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to approve the minutes of the regular Board meeting held on February 11, 2003, as corrected.

Trustee Burhop said that on page 11, second to last paragraph, a semi-colon should replace the comma after the word “statement”, and on page 15, 3rd paragraph from the bottom, the words “Orlowski” and “at” needed to be separated.

Clerk Lirones said that in item 4.0, the word “the” should be inserted in the second line between “that” and “only”, and on page 3, 3rd paragraph in item 11.2, it should say “…and the request was to replace them.”

Trustee Brostrom suggested that on page 4, 5th paragraph, a comma be inserted into the dollar amount in order to be consistent with the other monetary figures. He added that in the final paragraph of the same page a semi-colon should be added after the word “more”. On page 14, the 2nd paragraph in item 14.1, the 8th line should read “…attends meetings be included”, and on page 15 the 3rd paragraph should read “…hours of training were…

MOTION CARRIED.

7.0 Consent Agenda

8.0 Items from the Treasurer

8.1 Request Approval of ACI Finance Inc.’s Services for Utilities Bond.

Motion by Treasurer Skrobola, supported by Trustee Burhop, to approve ACI Finance Inc.’s services, in the amount of $22,500.00, for the water tank and transmission line Utilities Bond.

ROLL CALL VOTE:

AYES:

Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.

NAYS:

None.

ABSENT:

None.

ABSTAIN:

None.

MOTION CARRIED.

9.0 Items from the Clerk

9.1 Request Approval for Payment of the Payables, checks #41503-41648 in the amount of $423,365.80.

Motion by Trustee Brostrom, supported by Trustee Conner, to approve the payment of the payables, checks #41503-41648, in the amount of $423,365.80.

ROLL CALL VOTE:

AYES:

Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.

NAYS:

None.

ABSENT:

None.

ABSTAIN:

None.

MOTION CARRIED.

10.0 Items from the Supervisor/Assessor

10.1 Request Approval of Leadership Strategies and Techniques Training for Managers and Supervisors.

Motion by Clerk Lirones, supported by Trustee Brostrom, to approve Leadership Strategies and Techniques Training for Managers and Supervisors.

ROLL CALL VOTE:

AYES:

Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.

NAYS:

None.

ABSENT:

None.

ABSTAIN:

None.

MOTION CARRIED.

11.0 Items from the Office of Public Safety

11.1 Request to Approve Repair of Fire Apparatus – Rescue 3, through R&R Fire Truck Repair, and Approval of Inspection at an estimated cost of $4,000.00, to be charged to account #336-863 – Vehicle Maintenance and Repairs.

Motion by Clerk Lirones, supported by Trustee Burhop, to approve the repair of fire apparatus – Rescue 3, through R & R Fire Truck Repair, and approve inspection at an estimated cost of $4,000.00, to be charged to account #336-863 – Vehicle Maintenance and Repairs.

ROLL CALL VOTE:

AYES:

Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.

NAYS:

None.

ABSENT:

None.

ABSTAIN:

None.

MOTION CARRIED.

11.2 Motion to Receive Pittsfield Township Police Department Weighmaster/Motorcarrier Monthly Report for January 2003.

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to receive the Pittsfield Township Police Department Weighmaster/Motorcarrier monthly report for January 2003.

MOTION CARRIED.

11.3 Request to Approve Enrollment in ASL Interpreter Lab (100%) and ASL Interpreter Class (100%) with classes starting January 31, 2003 and ending May 9, 2003, at a cost of $330.00, for Dispatcher Lois Brassow.

Motion by Clerk Lirones, supported by Trustee Brostrom, to approve enrollment in ASL Interpreter Lab (100%) and ASL Interpreter Class (100%) with classes starting January 31, 2003 and ending May 9, 2003, at a cost of $330.00, for Dispatcher Lois Brassow.

Trustee Burhop pointed out that it said 50% on the agenda and 100% on the enrollment request form.

Supervisor Walter suggested amending the agenda to say 100%, and if it is supposed to be 50% it can always be cut back. He said that this is only the authorization to enroll, and when the tuition reimbursement comes through the amount can be corrected.

Treasurer Skrobola said that it looked like it was intended to be 100% because the dollar amount was the same on both lines of the form.

Supervisor Walter agreed that this seemed to be an agenda error and that the motion would be for 100%.

MOTION CARRIED.

11.4 Request to Waive False Alarm Fees of $100.00 for the date of December 13, 2002, from Chuck Campo of MTS Systems for facilities located at 4622 Runway Blvd.

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to approve the waiver of false alarm fees of $100.00 for the date of December 13, 2002, from Chuck Campo of MTS Systems for facilities located at 4622 Runway Blvd.

ROLL CALL VOTE:

AYES:

Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.

NAYS:

None.

ABSENT:

None.

ABSTAIN:

None.

MOTION CARRIED.

11.5 Motion to Receive Resignation from Police Officer Neil Becker effective immediately.

Motion by Treasurer Skrobola, supported by Trustee Burhop, to receive resignation from Police Officer Neil Becker, effective immediately.

MOTION CARRIED.

12.0 Items from the Office of Municipal Services/Planning and Zoning

12.1 ZOA 02-171 Access Management Zoning Ordinance Amendment and Proposed Soil Erosion and Sedimentation Control Ordinance [Second Reading]. [Removed from the agenda]

Mark Spencer, Senior Planner, said that this item should not have been on the agenda. He said that a copy of the letter that he had sent to Victor Lillich had been sent to the Board addressing some of the issues in both of those ordinances, and it must have been mistaken for an agenda item.

12.2 ZOA 02-171 Proposed Amendments to Ordinance #38 – Access Management Zoning Ordinance Amendments [Second Reading].

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to approve ZOA 02-171 Proposed Amendments to Ordinance #38 – Access Management Zoning Ordinance Amendments [Second Reading].

Mark Spencer, Senior Planner, said that some of the disputed terms had been discussed with township attorney Victor Lillich, and he had agreed with the original language. He read the attorney’s opinions of the word choices as listed on the memorandum.

Trustee Burhop said that on the first item the attorney was using egress and ingress as verbs. She said that they are nouns, not verbs.

Mr. Spencer said that the attorney had reviewed that and verified that they could be used as verbs.

Trustee Burhop said that they could not be used as verbs. She said that this is an ordinance for the township and it should not be ungrammatical. She said that ingress is a noun and it means the act of going in or out, or an emergence, which is not entering or exiting.

Clerk Lirones asked if it had been looked up in the dictionary.

Trustee Burhop said that she had looked it up in hers and it had said “noun”.

Mr. Spencer said that the attorney had looked it up in his unabridged dictionary and that it does say it is a noun first, but further on its use is justified as a verb.

Clerk Lirones said that her dictionary had it as either a verb or a noun.

Trustee Conner said that the attorney did not seem to have an opinion either way, and without his objection “exit” or “enter” would work equally well.

Mr. Spencer said that the attorney had said that they would probably read the same way in any enforcement issue, but that he felt that ingress and egress would probably be more correct.

Trustee Burhop said that it cannot be more correct, and if you can say “enter” and “go in” and “go out”, then why use words that are not suitable.

Supervisor Walter said that the problem is that in planning and other circles this may be jargon that is well understood and does not have to be re-interpreted.

Trustee Burhop pointed out that this is not just for planning; this is for the ordinary citizen to read and interpret. She said that the Board does not want any misinterpretations of this language.

Trustee Brostrom said that it also grates on his ears. He said while ingress and egress could refer to any point along the property line rather than specific entrances and exits, it is difficult to visualize anything on a road other than an entrance or exit.

Mr. Spencer said that it was up to the Board to decide on the word choice.

Clerk Lirones recommended the attorney’s interpretation and preference, which were to use “ingress” and “egress”.

Trustee Burhop said that the attorney simply does not want to admit that he’s wrong.

Trustee Marine said that he agreed with Trustee Conner that it does not seem to be too important to the attorney. He suggested keeping it simple and using the words entrance and exit.

Motion by Trustee Brostrom, supported by Trustee Burhop, to change the words “ingress” and “egress” to “enter” and “exit”, respectively.

MOTION CARRIED.

Trustee Burhop said that on page 1, in line 13 there should be a comma after “Pittsfield”, and on page 3, she suggested re-wording the 2nd line as “access management regulations will necessitate submission of a site plan”. She added that the current wording sounded amateurish because it is not the change in use that “shall be required” to submit the site plan, but some person.

Supervisor Walter said “shall necessitate the submission of a site plan” sounded fine.

Clerk Lirones added that “submit” should be changed to “submission” as well.

Mr. Spencer asked if it should read “shall require a submittal of a site plan…” instead.

Trustee Burhop asked why it shouldn’t be “will necessitate submission of” to make it simple.

Clerk Lirones said that the word “required” is needed.

Supervisor Walter agreed that “required” is a stronger legal term.

Clerk Lirones said “shall require the submission of a site plan for approval of the Planning Commission and submittal of information to” was acceptable.

Trustee Burhop said that on page 4, lines 18-19, “acknowledge” was not the right word to use and should be replaced with “adhere to”.

Supervisor Walter said that he thought that “acknowledge” works here. He added that U.S.12 should be kept on the same line and not broken up.

Trustee Burhop said that on page 7, line 16, “which ever” should be one word.

In another section, Clerk Lirones strongly recommended using the attorney’s choice of words, either “abutting” or “adjoining”, but not adjacent. She added the Board has generally objected to the use of “abutting” and suggested using “adjoining”.

The Board members concurred.

ROLL CALL VOTE:

AYES:

Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.

NAYS:

None.

ABSENT:

None.

ABSTAIN:

None.

MOTION CARRIED.

12.3 Motion to Approve Resolution to Grant Final Approval to the Preliminary Plat for SP 02-02 Centennial Park Phases 3-6.

Supervisor Walter read the amended resolution.

Motion by Treasurer Skrobola, supported by Trustee Conner, to approve the amended resolution to grant final approval to the preliminary plat for SP 02-02 Centennial Park phases 3-6. (See attachment #1)

Mark Spencer, Senior Planner, said that the applicant has completed some of the items on the resolution and is in the process of completing the rest of them.

Trustee Brostrom said that in the memo dated February 19, 2003, 3rd paragraph from the bottom, “approval” was written twice.

Clerk Lirones asked if Centennial Park was the same as Centennial Farms.

Greg Elliott, the applicant, said yes and that the name of the plat is Centennial Park.

ROLL CALL VOTE:

AYES:

Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.

NAYS:

None.

ABSENT:

None.

ABSTAIN:

None.

MOTION CARRIED.

12.4 Motion to Approve Soil Erosion and Sedimentation Control Ordinance #256 [Second Reading], an Ordinance to Enact an Interim Ordinance to Comply with Part 91 of the Michigan Natural Resources and Environmental Protection Act. 1994 P.A. 451, Amended; and to Repeal Ordinance #70, Erosion and Sedimentation Control.

Motion by Treasurer Skrobola, supported by Trustee Brostrom to approve Soil Erosion and Sedimentation Control Ordinance #256 [Second Reading], an ordinance to enact an interim ordinance to comply with Part 91 of the Michigan Natural Resources and Environmental Protection Act, 1994 P.A. 451, amended; and to repeal Ordinance #70, Erosion and Sedimentation Control.

Mark Spencer, Senior Planner, referred to his memo regarding township attorney Victor Lillich’s opinion on the term “abated”. Mr. Lillich had indicated that abated was the correct word to use in this case.

ROLL CALL VOTE:

AYES:

Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.

NAYS:

None.

ABSENT:

None.

ABSTAIN:

None.

MOTION CARRIED.

12.5 Request Approval for the Township to enter into Development Agreement with Avis South Condominium Phase I, II & III (CSPA 02-23) and to Authorize the Township Supervisor to Sign Such Agreement.

Motion by Treasurer Skrobola, supported by Trustee Conner, to approve a development agreement with Avis South Condominium Phase I, II & III (CSPA 02-23) and to authorize the Township Supervisor and Clerk to sign such agreement.

Mark Spencer, Senior Planner, said that phase III of Avis Farms South L.L.C. is under development. Even though they are not obligated to do so, Patricia Kalmbach, of Avis Farms, had agreed to enter into a development agreement for all three phases. He said that the township has had good luck working with this developer, and that Avis has been reliable. He said that a soil erosion permit had been issued to Avis today and a building permit will probably be issued tomorrow.

Trustee Burhop said that on page 10, article 4, “miscellaneous provisions” is written twice. She added that the word condominium is used here, and that she had thought that Avis South would be all businesses.

Mr. Spencer said that a condominium is just another way of dividing the land, and it would be a business park.

Supervisor Walter said that typically site condominiums involve a simplified process of development.

Clerk Lirones asked if the Clerk should be authorized to sign as well.

Supervisor Walter corrected the motion to include the Clerk.

ROLL CALL VOTE:

AYES:

Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.

NAYS:

None.

ABSENT:

None.

ABSTAIN:

None.

MOTION CARRIED.

12.6 Request to Approve Resolution Authorizing the Hire of Mr. Joseph Gannon to the Position of Utilities Foreman effective February 26, 2003 with a bi-weekly starting wage of $1,797.30.

Motion by Treasurer Skrobola, supported by Trustee Burhop, to approve a resolution authorizing the hire of Mr. Joseph Gannon to the position of Utilities Foreman effective February 26, 2003 with a bi-weekly starting wage of $1,797.30.

WHEREAS, the Pittsfield Charter Township Board of Trustees authorizes the hiring of a Utilities Foreman, and

WHEREAS, Mr. Joseph Gannon meets the qualifications set forth in the Utilities Foreman job description and has successfully completed the pre-employment hiring process,

NOW, THEREFORE, BE IT RESOLVED, that the Pittsfield Charter Township Board of Trustees authorizes the hiring of Mr. Joseph Gannon to serve in the position of Utilities Foreman, effective Wednesday, February 26th, at a starting bi-weekly salary of $1,797.00, at Grade 6, Step 6 of the township’s administrative non-union pay scale.

ROLL CALL VOTE:

AYES:

Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.

NAYS:

None.

ABSENT:

None.

ABSTAIN:

None.

MOTION CARRIED.

12.7 Request to Approve Resolution Authorizing the Hire of Utilities Director.

Motion by Trustee Conner, supported by Trustee Burhop, to approve the hire of Mr. Philip J. Maly to the position of Utilities Director.

WHEREAS, the Pittsfield Charter Township Board of Trustees authorizes the hiring of a Utilities Director, and

WHEREAS, Mr. Philip Maly meets the qualifications set forth in the Utilities Director Job description and has successfully completed the pre-employment hiring process,

NOW, THEREFORE, BE IT RESOLVED, that the Pittsfield Charter Township Board of Trustees authorizes the hire of Mr. Philip Maly to serve in the position of Utilities Director, effective Monday, March 17, 2003 at a starting bi-weekly salary of $2,880.00, as set forth in the contractual employment agreement.

In a jocular manner, Trustee Marine asked Mr. Maly if he knew what he was doing.

Phil Maly, Interim Utilities Director, said that he has acted as the Interim Director for the past year and a half, so he has a good understanding of what the job entails. He said that he has a good group of people to work with and so should be able to pull the department together to operate efficiently.

Supervisor Walter said that with the hiring of Joe Gannon as Foreman and Phil Maly as Director, he thought that the Utilities Department was in good shape.

Treasurer Skrobola agreed and said that Mr. Maly has worked for Ayres Lewis in conjunction with the township for 25 years and that Mr. Gannon has worked for the township for roughly 20 years as well. He said that the combination of these two people’s experience and knowledge has put the township in good stead relative to the Utilities Department.

Trustee Marine welcomed Mr. Maly aboard and wished him good luck.

ROLL CALL VOTE:

AYES:

Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.

NAYS:

None.

ABSENT:

None.

ABSTAIN:

None.

MOTION CARRIED.

Supervisor Walter thanked Mr. Maly and told him that he looked forward to a long and productive relationship.

13.0 Items from the Parks & Recreation Department

13.1 Request to Approve Resolution Authorizing the Hire of Mr. Richard Mull to the position of Interim Recreation Coordinator, effective March 3, 2003 at a weekly salary of $240.00, from March 3, 2003 – April 27, 2003 and at a weekly salary of $480.00 from April 28, 2003 – August 29, 2003.

Motion by Clerk Lirones, supported by Trustee Brostrom, to approve a resolution authorizing the hire of Mr. Richard Mull to the position of Interim Recreation Coordinator, effective March 3, 2003 at a weekly salary of $240.00, from March 3, 2003 – April 27, 2003, and at a weekly salary of $480.00 from April 28, 2003 – August 29, 2003.

WHEREAS, the Pittsfield Charter Township Board of Trustees authorizes the hiring of an Interim Recreation Coordinator, and

WHEREAS, Mr. Richard Mull meets the qualifications set forth in the Interim Recreation Coordinator job description and has successfully completed the pre-employment hiring process,

NOW, THEREFORE, BE IT RESOLVED, that the Pittsfield Charter Township Board of Trustees authorizes the hiring of Mr. Richard Mull, to serve in the position of Interim Recreation Coordinator, effective Monday, March 3rd, at a weekly salary of $240.00 a week, from March 3, 2003 to April 27, 2003, and at a weekly salary of $480.00 per week from April 28, 2003 to August 29, 2003.

ROLL CALL VOTE:

AYES:

Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.

NAYS:

None.

ABSENT:

None.

ABSTAIN:

None.

MOTION CARRIED.

14.0 Unfinished Business

15.0 New Business

15.1 Request Motion to Appoint Members of Natural Resources Commission and establish per diem.

Supervisor Walter suggested splitting this item into two motions. He read the requirements for the appointees.

Motion by Clerk Lirones, Supported by Trustee Brostrom, to establish a seven member Natural Resources Commission consisting of residents of the township and including a representative from the Board of Trustees, and to set the terms for the Natural Resources Commission at 2 years, except that the initial term of 3 members be one year and 4 members be two-years, and set the per diem at $50.00.

ROLL CALL VOTE:

AYES:

Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.

NAYS:

None.

ABSENT:

None.

ABSTAIN:

None.

MOTION CARRIED.

Supervisor Walter said that the Commission would include one member of the Board of Trustees, and that both Trustee Conner and Trustee Marine had shown interest. He suggested the possibility of an ex-officio member.

Trustee Marine said that he had wanted to be a member, but had been late in submitting his letter. He said that he fully supported Trustee Conner’s nomination, and did not mean to get in his way.

Trustee Burhop referred to the suggested Commissioners’ terms and said that she would like to see Trustee Conner nominated for a two-year term, rather than the one year term.

Supervisor Walter supported that suggestion, but also noted that the Board representive’s term was tied to his or her term of office.

Clerk Lirones said that was fine and suggested Ms. Zera could serve a one year term instead of a two-year term.

Trustee Conner said that was acceptable.

Trustee Burhop asked if that meant that Trustee Marine would be an ex-officio member.

Trustee Marine asked what an ex-officio member would do.

Supervisor Walter said that in this case he could attend meetings and participate, but not vote.

Trustee Marine said that would be fine.

Trustee Burhop said that she had read the qualifications set out in the letters of interest very carefully, and she felt that this was a good group of people.

Motion by Treasurer Skrobola, supported by Clerk Lirones, to approve the appointment of David Shepps, Greg Conner, Anita Zot, and Wilma Luna for two-year terms, and Karen Zera, Greg Croasdill, and Piet deDreu for one-year terms, and Jeffrey Marine as ex-officio member for a two-year term, to the Natural Resources Commission.

ROLL CALL VOTE:

AYES:

Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.

NAYS:

None.

ABSENT:

None.

ABSTAIN:

None.

MOTION CARRIED.

15.2 Request Approval of Resolution in Support of the Clean Water Act for EPA Public Comment Docket.

Motion by Clerk Lirones, supported by Trustee Burhop, to approve the resolution in support of the Clean Water Act for EPA public comment docket.

ROLL CALL VOTE:

AYES:

Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.

NAYS:

None.

ABSENT:

None.

ABSTAIN:

None.

MOTION CARRIED.

15.3 Request Approval to Authorize the Supervisor to Sign a Letter of Intent to the MDEQ, or a Jurisdictional Permit, to comply with the March 10, 2003, Phase II Storm Water Deadline.

Trustee Marine asked if the deadline had passed.

Deputy Clerk Jan BenDor explained that the Environmental Protection Agency’s deadline for Phase II communities to apply for a permit is March 10, 2003; however, the State does not have the rules or the permit application available. She said that the letter of intent is simply to state that the township will be happy to apply whenever it is possible to do so.

MOTION CARRIED.

15.4 Request for Approval of Purchase of 2003 Ford Explorer XLS 4x4 4WD 4-Door for Utilities Director. Purchase from Briarwood Ford in the amount of $23,266.00.

Motion by Treasurer Skrobola, supported by Trustee Conner, to approve the purchase of a 2003 Ford Explorer XLS 4x4, 4 WD 4-door, for the Utilities Director. Purchase from Briarwood Ford in the amount of $23,266.00.

Treasurer Skrobola commented that there had been three bids received and the most economical one had come from Briarwood Ford.

Trustee Marine asked if in the future the township could look for a more ecological alternative when choosing vehicles.

Clerk Lirones agreed.

Supervisor Walter said that would be a good idea, especially for fleet vehicles, especially if more ecological vehicles become more economical.

ROLL CALL VOTE:

AYES:

Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.

NAYS:

None.

ABSENT:

None.

ABSTAIN:

None.

MOTION CARRIED.

15.5Request to Approve the Hire of Ms. Catherine Roberts as a Public Safety Administrative Secretary.

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to approve the hire of Ms. Catherine Roberts as a Public Safety Administrative Secretary.

ROLL CALL VOTE:

AYES:

Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.

NAYS:

None.

ABSENT:

None.

ABSTAIN:

None.

MOTION CARRIED.

16.0 Public Comment II-none.

17.0 Adjournment by Supervisor Walter at 8:40 p.m.

_____________________________
Arianne Garza, Department Assistant
Recording Clerk
Pittsfield Charter Township

_____________________________
James R. Walter, Supervisor
Pittsfield Charter Township

_____________________________
Christina L. Lirones, ClerkPittsfield Charter Township

MINUTES APPROVED, AS CORRECTED, AT THE PITTSFIELD CHARTER TOWNSHIP

BOARD OF TRUSTEES MEETING HELD MARCH 11, 2003.


  

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