Pittsfield Charter Twp, Michigan

APPROVED

Minutes of a Regular Meeting
Pittsfield Charter Township Board of Trustees, May 27, 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 7:32 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 indicated that the motion for item 12.2 had been modified. He also informed the Board that only resolution #3 would be considered tonight in item 14.1. He added item 15.2, for an executive session regarding the Homebuilders Association lawsuit.

5.0 Public Hearings/Presentations

5.1Public Hearing on Special Assessment for Improvements at State Road and Textile Road.

Supervisor Walter opened the public hearing.

There were no comments.

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to close the public hearing for comments regarding the special assessment for improvements at State Road and Textile Road.

MOTION CARRIED

6.0 Approval of Minutes

6.1 Request to Approve Minutes of the Regular Meeting held on May 13, 2003.

Motion by Trustee Brostrom, supported by Treasurer Skrobola, to approve the minutes of the regular Board meeting held on May 13, 2003, as corrected.

Trustee Brostrom said he had a number of punctuation corrections, as well as some corrections in grammar. He suggested giving the punctuation changes to the recording secretary rather than going through them with the Board members.

Supervisor Walter asked if the Board members had any objection to handling the punctuation changes this way.

No Board members had any objections.

Trustee Brostrom said on page 2, 2^nd paragraph from the top, in the second line near the end the word “seems” should be changed to “seemed”. He said in the same paragraph he would prefer the next line to read “…..had not yet been circulated”.

Trustee Burhop said on page 4, in the fourth“whereas,” the word “to” should be removed after the word “recommend” and after the word “Trustees”.

Trustee Marine said the resolution has been passed and he did not believe the wording could be changed in the minutes.

Supervisor Walter said this resolution was recorded verbatim from the one the Historical Commission had passed, and he agreed it should not be changed.

Trustee Brostrom said on page 11, item 13.1, third paragraph, the letter “n” should be added to the word “spoke”.

Trustee Burhop said on page 11, in the first “whereas,” the extra space between the “s” and the “a” in Ms. Sanford’s name should be deleted.

Trustee Brostrom said on page 13, in the first line of the second paragraph, the word “term” should be deleted. He said in the same paragraph, the eighth line from the end, the word “the” should be inserted before “ex-officio.” He went on to say in the fourth line from the end of the paragraph the letter “a” should be inserted before the word “per diem”. He said the second line of the following paragraph should read “….Anita Zot gave an introduction…” and in the first line of the next paragraph “Marine” should be capitalized. He said on page 14, in the second paragraph from the end, the third line up should read “…under the flag for.....” and on page 15, second paragraph, in the eighth line the phrase “while at the same time” should be deleted and the word “and” should be inserted. He said on the same page, in the second paragraph from the bottom, the word “when” should be inserted after the word “good”. He said he felt that on page 17, in the fourth paragraph from the bottom, he preferred the American version “a historical village” rather than “an historical village,” which is the English version. He said this change was very minor, and he had no problem if the decision was to leave it as is.

Clerk Lirones said she would leave the last item as is. She then said the only additional change she had was on page 1, under item 4.0, the word “board” in the 3^rd line, should have a capital “B”.

MOTION CARRIED.

7.0 Consent Agenda

8.0 Items from the Treasurer

9.0 Items from the Clerk

9.1 Request Approval for Payment of Payables, checks 42264–42396 for $488,726.66.

Motion by Trustee Conner, supported by Trustee Burhop, to approve payment of payables, checks 42264-42396 for $488,726.66.

ROLL CALL VOTE:
AYES:	Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS:	None.
ABSENT:	None.
ABSTAIN:	None.
MOTION CARRIED.

9.2 Receive April 2003 Revenue/Expenditure Report.

Motion by Clerk Lirones, supported by Trustee Burhop, to receive the April revenue/expenditure report.

MOTION CARRIED.

9.3Request for Action: Resolution #03-24 to set Public Hearing date of June 10, 2003 to receive comments re: Street Lighting Special Assessment district for Centennial Park Subdivision Phases 3 and 4.

Motion by Trustee Conner, supported by Treasurer Skrobola, to adopt resolution #03-24 to set the public hearing date of June 10, 2003 to receive comments regarding a street lighting special assessment district for Centennial Park Subdivision, phases 3 and 4. (See attachment #1)

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

11.0 Items from the Office of Public Safety

11.1 Motion to Receive Pittsfield Township Police Department Weighmaster/Motorcarrier Monthly Report for April 2003.

Motion by Treasurer Skrobola, supported by Trustee Burhop, to receive Pittsfield Township Police Department weighmaster/motorcarrier monthly report for April 2003.

MOTION CARRIED.

11.2 Request to Purchase Rescue Equipment-Fire Department, Water/Ice Rescue Equipment to be purchased through Dive Rescue at a cost of $1,939.47 and Rope Rescue Equipment to be purchased through Wilderness Outfitters in the amount of $1,932.00 both purchases to be charged to account #336-777 Fire Equipment Supplies.

Motion by Trustee Conner, supported by Trustee Brostrom, to approve the purchase of rescue equipment-Fire Department for water/ice rescue equipment, to be purchased through Dive Rescue at a cost of $1,939.47, and rope rescue equipment, to be purchased through Wilderness Outfitters in the amount of $1,932.00, with both purchases to be charged to account #336-777 Fire Equipment Supplies.

ROLL CALL VOTE:
AYES:	Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS:	None.
ABSENT:	None.
ABSTAIN:	None.
MOTION CARRIED.

11.3 Request to Replace Air Compressor Station 1-Fire Department from Allied Incorporated at a cost of $3,734.00 and JG Squared to provide electrical installation work at a cost of $275.00, for a total cost of $4,009.00 and charged to account #336-778.

Motion by Treasurer Skrobola, supported by Trustee Burhop, to approve the replacement of the air compressor at Station 1-Fire Department, from Allied Incorporated at a cost of $3,734.00, with JG Squared to provide electrical installation work at a cost of $275.00, for a total cost of $4,009.00, charged to account #336-778.

ROLL CALL VOTE:
AYES:	Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS:	None.
ABSENT:	None.
ABSTAIN:	None.
MOTION CARRIED.

11.4 Request Approval of Reimbursement for classes taken by Officer Mike McVicker, Studies in Literature (50%) and Studies in Multicultural Society (50%) for amount of $404.70.

Motion by Trustee Conner, supported by Trustee Marine, to approve the reimbursement for classes taken by Officer Mike McVicker, Studies in Literature (50%) and Studies in Multicultural Society (50%) for the amount of $404.70.

ROLL CALL VOTE:
AYES:	Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS:	None.
ABSENT:	None.
ABSTAIN:	None.
MOTION CARRIED.

11.5 Request Approval to Install Security Locks-Station One, and contract with O’Bryan’s Lock & Key in the amount of $1,800.00 and charged to account #301.970 Law Enforcement Capital Expenditure.

Motion by Trustee Conner, supported by Treasurer Skrobola, to approve the installation of security locks-Station 1, and contract with O’Bryan’s Lock & Key in the amount of $1,800.00 and charged to account #301.970 Law Enforcement Capital Expenditure.

ROLL CALL VOTE:
AYES:	Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS:	None.
ABSENT:	None.
ABSTAIN:	None.
MOTION CARRIED.

11.6 Request Approval to Purchase Floor Mats for Station 1-Police Department, from S.F. Strong Company at a cost of $997.00 and charged to account #301.970 Capital Expenditure.

Motion by Trustee Conner, supported by Trustee Marine, to approve the purchase of floor mats for Station 1-Police Department, from S.F. Strong Company at a cost of $997.00 and charged to account #301.970 Capital Expenditure.

ROLL CALL VOTE:
AYES:	Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS:	None.
ABSENT:	None.
ABSTAIN:	None.
MOTION CARRIED.

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

12.1 Request Approval of Enrollment in Introduction to Public Administration (100%) for Building Inspector John Shores, at Central Michigan University at a cost of $615.00 with class starting May 26, 2003 and ending July 18, 2003.

Motion by Trustee Conner, supported by Trustee Brostrom, to approve the enrollment in Introduction to Public Administration (100%) for Building Inspector John Shores, at Central Michigan University at a cost of $615.00 with class starting May 26, 2003 and ending July 18, 2003.

MOTION CARRIED.

12.2 Motion to Approve the assignment of Ms. Kristine Goddard to the temporary position of Acting Associate Planner, effective May 28, 2003, at pay rate of $1,597.62 bi-weekly.

Motion by Treasurer Skrobola, supported by Clerk Lirones, to approve the assignment of Ms. Kristine Goddard to the temporary position of Acting Associate Planner, effective May 28, 2003, for pay rate of $1,597.62 bi-weekly.

Supervisor Walter said it was important to note that according to the administrative resolution passed in January, employees acting in higher level positions should be paid at either 5% over their current rate or at the minimum rate for the new position. He said if Ms. Goddard were to get the job permanently, she would be treated as if she had moved up from her current position and would not receive an additional raise.

Trustee Marine asked Supervisor Walter for clarification of his statement.

Supervisor Walter said Ms. Goddard is currently acting in this position, or in other words, she is carrying out the duties of this position, but she has not met all the qualifications needed for this position. He stated that in particular, she has not completed the amount of time and service that is required for the position. He said, according to the administrative resolution, by putting Ms. Goddard temporarily in an acting position, her pay rate while acting in the position would not affect her permanent pay rate. He went on to say if Ms. Goddard were to be promoted to the position permanently, she still would begin at step one for that position. He said Ms. Goddard will not be accruing seniority in the Associate Planner position which would result in an additional pay increase; rather, she is being given a temporary rate because she is acting in the position per the township’s resolution.

Trustee Marine asked if Ms. Goddard was paid now at that the first step for this position, and then moved into the position permanently in a year, would she receive an increase?

Supervisor Walter said Ms. Goddard would not receive any increase, she would be paid at the minimum rate for that position. He said this is a temporary pay rate because Ms. Goddard is acting in that position on a temporary basis. He explained that this has no effect on her current permanent pay rate, which is as an Assistant Planner. He went on to say as an Assistant Planner, Ms. Goddard will get a step increase at the appropriate time. He said if Ms. Goddard’s Assistant Planner rate went beyond the minimum for Associate Planner then she would get the higher of the two rates. He then said the point was that when employees were asked to go beyond their regular duties and step into higher level positions, they would be compensated at the minimum rate for those positions.

Trustee Conner asked if Ms. Goddard will become qualified for this position in the near future.

Supervisor Walter said he believed Ms. Goddard needed about one more year of service to become qualified to move into the position.

Trustee Brostrom asked if the only requirement Ms. Goddard had not met was time in her current position.

Supervisor Walter said that was correct.

Clerk Lirones said Senior Planner Spencer has shown this in the memo that was given to the Board at the last meeting. She said it seems clear Ms. Goddard has met all of the other requirements.

Supervisor Walter said it appears Ms. Goddard is performing in the position very admirably. He said it would be contrary to the township’s resolution not to compensate Ms. Goddard at the level that was established when the resolution was passed.

Trustee Marine said he didn’t get the idea that the township was in need of an Acting Associate Planner, but he felt instead that this was a method for Planner Spencer to reward Ms. Goddard for doing good work. He said while that is commendable on Planner Spencer’s part, it is nonetheless the case that Ms. Goddard lacks the required qualifications for this position, and if she stayed in her current position for the next year, she would be eligible for this promotion then. He said he has not seen anything that would suggest that the township actually needs this position filled, or that changing Ms. Goddard’s position from an Assistant Planner to an Acting Associate Planner will make a difference in the Planning Department. He asked what the consequences were of making Ms. Goddard an Acting Associate Planner and what the consequences were if Ms. Goddard is not promoted.

Clerk Lirones said she wanted to clarify that Ms. Goddard is being moved into the acting position because she is actually performing in that role. She said a number of people had been interviewed for the position of Associate Planner, but there had been considerable difficulty in finding people that were qualified, for various reasons. She said the township has been searching for an Associate Planner, but has been unable to fill the position. She said this isn’t an incentive, but is something Ms. Goddard is actually doing, and she just lacks the year of service.

Trustee Marine said Planner Spencer told him the Associate Planner position was currently not open.

Planner Spencer said what he stated was that the position was not posted. He said there have been a combination of positions available in the Planning Department. He said the structure of the Planning Department calls for a Senior Planner, an Associate Planner, and an Assistant Planner. He went on to say the department has been getting by with two Assistant Planners.

Trustee Marine said Clerk Lirones had not answered his question.

Clerk Lirones said she had not intended to answer Trustee Marine’s question, but simply wanted to point out that the township had interviewed a number of potential candidates for the position and did not find one. She said there is a need for someone in the department that can manage and give orders and direction to the Assistant Planner.

Trustee Marine asked if there was anyone who could answer his question.

Supervisor Walter said there are duties specified for the Associate Planner that include enforcement duties and other duties that have to done. He said the Senior Planner has been loaded with far too much work, and while he has performed magnificently, the township does not want to overwork Planner Spencer. He said since Ms. Goddard has been asked to do a number of those duties that are not in her current job description, the township would be hard pressed not to recognize that these things are getting done. He said he would find it rather remiss on the township’s part not to compensate Ms. Goddard for that work.

Treasurer Skrobola said he agreed with Supervisor Walter. He said the work that Planner Spencer has been doing has included two levels of functions, some of which Planner Spencer has given to Ms. Goddard. He said Ms. Goddard has apparently, in Planner Spencer’s estimation, performed those functions very well, which is on the positive side of the question. He said the negative side is, if this action does not take place, that Ms. Goddard would have a perfect right to say she does not want to perform those extra duties and only do the duties that have been assigned to her by virtue of her title. He said those duties would then revert back to Planner Spencer, who is over loaded. He went on to say that, from his perspective, he sees this process as being a good resolution of the situation.

Trustee Conner asked if Ms. Goddard’s position was being replaced.

Supervisor Walter said no, the structure calls for a Senior Planner, Associate Planner, and Assistant Planner. He said the township would essentially have that structure if this Board action is taken, except that the Associate Planner would be acting. He said Planner Spencer had been doing all three jobs at one point, and with the amount of additional work that has come up, and the complexity of trying to get things done right, including protecting the environment, there is a need for higher level assistance for Planner Spencer.

Trustee Marine said he was trying to look at this as an employer. He said it seemed clear to him this was a reward for Ms. Goddard taking on extra responsibilities and doing a good job at that and again he commends Planner Spencer for trying to reward her. He said he believed there should be other ways of rewarding employees for doing jobs as opposed to promoting them to a position for which they lack the written qualifications. He went on to say he is certain, from what Planner Spencer has told him, that Ms. Goddard is qualified to do the job; but nonetheless, if the required qualifications say three years are required or a Ph.D. is are required then that is what an employee needs. He said the other side of the question is, if the Board goes ahead with this promotion, are there any consequences in regard to other employees within the township? He asked if the Board then becomes vulnerable to potential claims of discrimination, claims of favoritism, or employees asking to be promoted into positions that they currently do not have all the qualifications for. He also asked if there are any negative effects on other employees.

Treasurer Skrobola said there are a couple of terms that Trustee Marine used that are not included in the action that is being taken tonight. He said the Board is not promoting Ms. Goddard, she is being appointed to an acting position which is a clear difference. He said what that implies is that Ms. Goddard is not in the position on a permanent basis and that her permanent wage relates to the position she is coming from, not the position she is going to. He said Ms. Goddard is performing the functions of Associate Planner, and there is a proescribed procedure for that, which has been essentially addressed. He went on to say this situation is somewhat unique, regarding the fact that the only qualification missing is the one of time. He said according to Ms. Goddard’s immediate supervisor, she has the capabilities of performing those functions and has demonstrated that. He said he did not see it as a great difficulty as far as the future activity is concerned, adding that in his estimation this would not set precedent, but is instead an action on a unique situation.

Trustee Conner remarked that this seemed similar to some of the other positions in the township, where employees get an extra stipend for taking on additional responsibilities. He said in this case, it’s just a lack of time that makes Ms. Goddard not qualified for this position. He said it seems Ms. Goddard will be able to get the time and service by actually doing the job in an acting position, which will make her qualified on the time basis. He said it seemed like the logical way to provide an opportunity for growth in the township.

Supervisor Walter said the impact may very well be that some employees look upon this as a “when do I get mine” kind of thing, but the township has no control over that. He said that throughout his tenure in the township, he has had employees come to him and ask why they did not receive something another employee has had received. He added that very often, the comparisons were inappropriate. He said the township had done a wage study, and had set up a structure. He said a resolution was passed unanimously that provided for this compensation, and he felt the Board should follow its own rules. He said he did not view this as a reward; he viewed it more as just compensation. He said the other precedent he did not want to set is not providing just compensation when employees are asked to perform extra duties. He said the township must have this flexibility, so that when employees are asked to perform above their job description, just compensation can be provided. He said he felt what was being intended here was well within the structure of the compensation study.

Trustee Marine said Supervisor Walter made some very good points and he understands understood what the township wants to do here and what the township is doing. He said the terms he used are valid; however, he is thinking like an employer. He said if this is how he perceives this resolution, how are other people going to perceive this resolution? He said very few people will make the distinction anymore then than he did. He said he has spoken with the Human Resources Director Kristin Orlowski and it turns out she had the same concerns and had in turn spoken to the labor attorney and to Mark Nottley who did the compensation study. He said after listening to Ms. Orlowski he came to the conclusion that while this can be done legally, it may not be in the township’s best interest. He said this is what he interpreted from what the lawyers and the compensation specialist said to Ms. Orlowski. He said he is not saying the township is not within the legal bounds to do this, but he is concerned, if the labor attorney and the compensation specialist suggest this may not be the best thing to do. He said he is not sure he can support this. He said he did approve of Planner Spencer’s support of his personnel, and wished there were better ways to give just compensation to employees who do outstanding work.

Supervisor Walter asked Trustee Marine if he wanted to make a motion to provide some alternative form of compensation.

Trustee Marine said he would be happy if the Board could come up with an alternative, and that he would support that 100%.

Treasurer Skrobola said Ms. Orlowski shared the information she received from the labor attorney and Mark Nottley with the administrators. He said the administrators discussed it thoroughly and he felt comfortable with this decision.

Trustee Marine said again he would be happy to support Ms. Goddard receiving some type of just compensation; however, he was not sure he could support this action.

Trustee Brostrom asked Planner Spencer, with regard to the duties Ms. Goddard is fulfilling now, specifically in the area of inspections, if she were to go back just to the duties assigned to her in her present position, would that affect inspections?

Planner Spencer said it would not totally affect inspections, because the ability to assist with inspections is also in the job description of the Assistant Planner. He said as far as working as a team leader in the field and directing an Assistant Planner or an intern, Ms. Goddard would have some problems if she was not in the Acting Associate Planner role. He said she would have difficulty training others on inspections.

Supervisor Walter asked if this would include problems with ordinance enforcement.

Planner Spencer said he believed some of the ordinance enforcement is written into the job description for the Assistant Planner.

Trustee Brostrom asked if in certain circumstances Ms. Goddard’s hands would be somewhat tied.

Planner Spencer said part of the job description for the Associate Planner includes issuing Certificates of Occupancy, which Ms. Goddard has not yet completely done. He also said the job description for the Assistant Planner did not include investigating complaints; it says only to assist with that.

Trustee Brostrom said these were important issues, more important than the questions about reactions of other employees. He said he believed these were issues to be concerned with.

Planner Spencer said, in his opinion, Ms. Goddard has been doing the duties of the Associate Planner. He said he would hold off on requesting the assignment of Ms. Goddard to the position of Zoning Administrator until she has the time in and meets all the qualifications. He said this will give her another year under his review to make that decision. He said he has let Ms. Goddard make mistakes in this position which is part of the learning process, and she has learned from them. He said Ms. Goddard has done an excellent job overall in this position, and has taken on extra responsibilities, and he believes she is a wonderful asset to the township. He said if an employee is doing a job, they wish to be compensated for that job. He went on to say he believed the only time the township Board would ever have a problem on this issue is if an employee in another department is doing the work of another position and is not being compensated.

Clerk Lirones said she agreed with Planner Spencer and that is why the administrative resolution was set, in order to allow for acting positions. She said she wanted to concur with Treasurer Skrobola that this was discussed administratively and the information provided by the labor attorney was reviewed. She concluded by saying the administration was very comfortable with this decision.

Trustee Marine asked if there was any chance Ms. Goddard would stop doing the extra duties.

Supervisor Walter said Trustee Marine’s question was out of bounds.

Trustee Marine said he was asking Planner Spencer if there has been any direct inference that if Ms. Goddard was not to…

Supervisor Walter ruled Trustee Marine’s question out of order

Trustee Marine asked Supervisor Walter why he would rule the question out of order.

Supervisor Walter said Trustee Marine was asking a third party to speculate on the motives of another person.

Trustee Marine said he asked Planner Spencer if he had heard anything directly. He then asked Planner Spencer if he had heard anything that would directly make him believe Ms. Goddard would stop doing the work she is currently doing if she were not to receive the promotion.

Supervisor Walter said Trustee Marine was asking the same question, and again ruled the question out of order. He said if Trustee Marine wanted to appeal from the decision of the chair he could asked the other Board members to vote on it. He said the question calls for speculation.

Trustee Marine said he was not asking for speculation. He then asked did Ms. Goddard say she would not do her work if she doesn’t get this promotion.

Planner Spencer replied no.

Trustee Marine asked if Ms. Goddard had threatened to leave or anything else if she does not receive this promotion.

Planner Spencer said Ms. Goddard does not behave that way.

Trustee Marine said his question was reasonable.

ROLL CALL VOTE:
AYES:	Brostrom, Burhop, Conner, Lirones, Skrobola, Walter.
NAYS:	Marine.
ABSENT:	None.
ABSTAIN:	None.
MOTION CARRIED.

13.0 Items from the Parks & Recreation Department

14.0 Unfinished Business

14.1 Action on Resolution #3 and #4 regarding the Special Assessment for Intersection Improvements at State Road and Textile Road.

Supervisor Walter said the roll for resolution #4 was not yet prepared, so this would be pulled off the table at this time.

Motion by Skrobola, supported by Burhop, to adopt resolution #3 regarding the special assessment for intersection improvements at State Road and Textile Road. (See attachment #2).

ROLL CALL VOTE:
AYES:	Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS:	None.
ABSENT:	None.
ABSTAIN:	None.
MOTION CARRIED.

15.0 New Business

15.1Discussion of per diem for the Natural Resources Commission.

Supervisor Walter said a question has come up regarding the ex-officio member of the Natural Resources Commission. He said when the Board made the ex-officio appointment, the question of per diem was not addressed. He said Board members received a memorandum from him and a letter from Trustee Marine, as well of a copy of the section of the ordinance describing the fact that the Board may appoint ex-officio members. He said in his memorandum he outlined four possible courses of action, although there may be others. He then asked if the Board would like to discuss this issue and decide on an action.

Trustee Brostrom said he would like to make a motion as well as have a discussion. He said he had spent some time thinking about this issue, trying to imagine the circumstances in which the township government would need the services of ex-officio members, excluding where they are required by State Law. He said ex-officio members on Boards and Commissions who cannot be counted in determining a quorum and do not have the power to vote, are essentially volunteers. He said he could not imagine where the township absolutely needed ex-officio members.

Motion by Trustee Brostrom, supported by Trustee Burhop, to abolish ex-officio memberships on Boards and Commissions unless required by State Law or Ordinances.

Trustee Marine said he thought that was a fine motion and his family would be happy to hear that. He said he wrote a memo and would like the Board members to take a few minutes to read it, or he would be happy to outline it. He then asked what would be the pleasure of the Board.

All Board members said they had read the memo.

Trustee Marine said the memo basically says that the Board has already taken a position. He said the Board could do anything they wanted now, adding that removing him from the Natural Resources Commission or anything else would make his wife very happy. He said he asked to be on the Natural Resources Commission because he is qualified. He has an under graduate degree in Ecology. He has worked in wildlife management, he feels he is perfect for this, and he is very interested in this Commission. He said the real point is that the Board appointed a Natural Resources Commission and on that Commission he was appointed as an ex-officio member. He said the Board members read the resolution before it was passed, which clearly showed what a Board member was. He said the Board decided the ex-officio was a non-voting member of the Commission, which was the only amendment that was made. He said the Board did not say an ex-officio member was a non-per diem member or a non-member that doesn’t have to go to a meeting. H said he does not do this for money or to get his name in lights, but does it because he enjoys it and expects to be treated fairly. He said he would like to make a motion to get rid of all per diems and compensations for all commissions except for the two elected Commissions, the two elected Boards, and the Planning Commission.

Supervisor Walter asked if Trustee Marine was offering this motion as an amendment to the motion before the Board. He said there could not be two main motions.

Trustee Marine said he was not making a motion; this is the motion he would like to make and that he may make. He indicated one of the documents before the Board, and said in this, it says for the amount of work involved, $50 per meeting would seem appropriate. He went on to say that for the work he has put in, the four meetings he has gone to, the sub-committee meetings he has joined on since the Board’s appointment, his work, time and effort are not less then anyone else’s on that Commission. He said if the Board did not want to give an ex-officio member a per diem, that would have been fine. However, the Board did not do that. A motion was made to make the ex-officio a non-voting member. He said a non-voting member is a member of the Commission and gets everything contained in the resolution except the privilege to vote. He said if the Board would like to amend that now, change it, get rid of ex-officio members, or just get rid of him that is just fine, and that is a motion the Board is more then welcome to make. He said the Board has already made a motion, and at this point he thinks the Board should follow through on the motion, and treat him as fairly and justly, with the just compensation that everyone else on that Commission has received.

Trustee Burhop said she harkens back to Harry Truman who said “the buck stops here,” at with the President. She said she believed when you vote, and you say this is the way you vote, then you have a responsibility, and someone will be able to point at you and say that is what you said. She said if you are an ex-officio member, you don’t have that responsibility in her opinion, and so the buck isn’t stopping there.

Trustee Marine said that is not why members are given compensation. He said it says clearly the compensation is for the amount of work involved. He said when he spoke with Deputy Clerk Jan BenDor before the Commission was appointed, he didn’t think there should be compensation at all, and Deputy Clerk BenDor told him the township tends to give compensation for work and effort not for responsibility. He said he thought giving compensation for responsibility was a great thing. He said the Board recently increased the Planning Commission’s compensation to the same as that of the township Board, and if responsibility was being talked about, the Board is held accountable to the voters, not the Planning Commission. He said if that is the case, the Planning Commission’s compensation should be lowered or the township Board’s raised again. He said the clear motion that was made is that the Natural Resources Commission would have an ex-officio member who doesn’t vote. He said as far as he understood, he believed the Board was acting in good faith and with due diligence, adding the Board knew what it was doing. He said what he has understood from some Board members is that this is not what was intended. He said the law of unintended consequences is long and is invoked all the time when something is not followed through with due diligence on the decisions we make or the actions we take. He said clearly the Board has made a motion and it sits right here. He said there is no compensation given for responsibility; there is compensation given for the amount of work involved. He said if any of the Board members think he hasn’t put in as much work as other members of the Natural Resources Commission, to please speak to the other members of his sub-committee that he sits with or other members of the Commission. He said he did not know what Trustee Conner would say, but he would be happy for Trustee Conner to speak on his behalf. He said the point is, this is the motion that was made, and the Board may not like it. The Board members may not like a lot of things they do in life, or the repercussions and consequences of it. He said this is the motion the Board made and passed, adding that he accepted that position only after asking the Board for a deliberate definition of what an ex-officio member was, and then he accepted the position. He said as much as he wanted the position, he probably would have accepted any definition that was put out. He said he accepted the definition that was put out because he believed the Board was acting in good faith.

Supervisor Walter said the language in the ordinance for the Natural Resources Commission says the Board “may”. He said he did not believe the action taken tonight would conflict with that in the sense that the Board would be saying they choose not to. He said the Board would not need to amend the Natural Resources Ordinance to accommodate this motion.

Trustee Marine said he wanted to make an amendment, but he was unclear about what Supervisor Walter had just said.

Supervisor Walter said the Natural Resources Ordinance says “the Board may appoint ex-officio members”.

Trustee Marine asked why that would not be taken out.

Supervisor Walter said it can be taken out, but what he was saying is that this motion does not conflict with that. He said this motion would say “the Board chooses not to have ex-officio members”.

Clerk Lirones said she wanted to clarify that the definition of the Natural Resources Commission exists in two separate ordinances. She said one is the Wetlands Ordinance which was authored originally by the township in large part, and the second time was in a PDR Ordinance, which was a model ordinance. She said she apologized because the term “ex-officio” only occurs in the PDR Ordinance, and the language was from a model ordinance which came through from the Farm Bureau. She said it probably should have been eliminated before the Board passed the ordinance.

Supervisor Walter said the only point he was making was that he felt this motion was in order, and does not conflict with an existing ordinance.

Trustee Marine made offered an amendment to the main motion, to revoke all compensation for appointed commissions and boards except for the two elected boards, the Parks and Recreation Commission, the township Board of Trustees and the Planning Commission.

Supervisor Walter said he would ask for clarification from Trustee Marine, because he initially said for all appointed boards and commissions, and then he discussed elected ones. He asked Trustee Marine if his amendment was to eliminate the per diem for all appointed Boards except the Planning Commission.

Trustee Marine said “all appointed Boards except the Planning Commission” is correct.

The amendment died for lack of support.

ROLL CALL VOTE:
AYES:	Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS:	None.
ABSENT:	None.
ABSTAIN:	None.
MOTION CARRIED.

15.2 Request the Board to go into Executive Session regarding the Home Builders Lawsuit.

Motion by Trustee Burhop, supported by Trustee Brostrom, to adjourn to executive session to confer with the Township Attorney concerning pending litigation which may have an economic effect on the township.

ROLL CALL VOTE:
AYES:	Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS:	None.
ABSENT:	None.
ABSTAIN:	None.
MOTION CARRIED.

The Board members adjourned to executive session in the large conference room at 8:33 p.m.

The Board members returned to public session, which was called to order by Supervisor Walter at 8:57 p.m.

16.0 Public Comment II-none.

17.0 Adjournment by Supervisor Walter at 8:58 p.m.

_____________________________
Yolanda Holmes, Department Assistant I
Recording Clerk
Pittsfield Charter Township

_____________________________
Christina L. Lirones, ClerkPittsfield Charter Township

_____________________________
James R. Walter, Supervisor
Pittsfield Charter Township

MINUTES APPROVED, AS CORRECTED, AT THE PITTSFIELD CHARTER TOWNSHIP BOARD OF TRUSTEES MEETING HELD JUNE 10, 2003.