Pittsfield Charter Twp, Michigan

APPROVED

Minutes of a Regular Meeting
Pittsfield Charter Township Board of Trustees, June 10, 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 item 5.2 for a presentation from Trish Kalmbach and Susan Lackey regarding possible location of a corporate headquarters in Pittsfield Township. He also added item 15.1 under new business, a resolution to submit ideas to the State Land Use Leadership Council, and item 15.2, the resignation of Trustee Jeffrey Marine from the Pittsfield Township Housing Commission and the Pittsfield Township Historical Commission.

5.0 Public Hearings/Presentations

5.1Public Hearing to Receive Comments for Street Lighting Special Assessment District, CentennialPark Subdivision Phases 3 and 4.

Supervisor Walter opened the public hearing.

There were no comments.

Motion by Treasurer Skrobola, supported by Trustee Burhop, to close the public hearing to receive comments regarding the street lighting special assessment district for CentennialPark subdivision phases 3 and 4.

MOTION CARRIED.

5.2Presentation by Susan Lackey and Trish Kalmbach regarding the possible location of a Corporate Headquarters in PittsfieldTownship.

Susan Lackey of the Washtenaw Development Council (WDC) said this presentation was to allow one company to get a sense of the Board’s position on the possibility of offering a tax abatement for the company to locate in the community. She said an automotive company had contacted the WDC last week. The company was looking at locating their North American Headquarters and research and development facility in Pittsfield. She said this is a competitive project both within southeastern Michigan and nationally. She said this project would consist of a building of around 200,000 square feet, an initial employee base of about 300, and would be an investment in the community of as much as $240,000,000, depending on the equipment the company brings. She said one of the aspects of the project that the WDC found most attractive was its size combined with the low density of employees, because of the community’s concerns about the impact of development on infrastructure such as roads, sewer, and water. She said the WDC was not making a recommendation to the Board, but just giving the Board members information on the project, so they could make policy decisions that would be in the best interest of PittsfieldTownship. She said one of the questions that might be asked is whether or not this company would locate here without a tax abatement. She said in this instance the tax abatement is tied to a series of other far more lucrative incentives that hinge on the abatement, so it is a crucial factor in the company’s location selection process. She said preliminary figures suggest that even if abated, this project could provide $300,000 a year in township taxes. She said the WDC would suggest that the real and personal property not be abated at the same rate; she suggested abating personal property for 7 years and real property for 12 years, because of the depreciation in value of personal property. She said the WDC would work with the Board to help figure out a plan which is beneficial to both sides, should the Board choose to offer an abatement. She then turned the presentation over to Trish Kalmbach for information about the site and how it would be used.

Trish Kalmbach of Avis Farms said this property is known as the Cody property. She pointed out the location near Textile and State roads on a display and noted the site’s proximity to Avis Farms business park. She said the company did not want much public access for security reasons. She said the site is near Silo Ridge subdivision, which is buffered by a strip of wooded wetland owned by a nature conservancy. She pointed out other wetland areas on the southern portion of the site, and showed the area where a detention would likely be located. She pointed out the railroad, noting that its location makes access to Textile Road difficult, which the company prefers for security reasons. She showed the access to the site, coming in from State Road by Johnson Controls. She said the company would have a private drive which would extend off Avis Drive. She said the company’s location here depended on three issues: first, whether it would receive a tax abatement; second, the precise location of the wetlands; and third, assurance from the Washtenaw County Road Commission (WCRC) that the site will not have to connect to Textile Road. She said this headquarters facility could attract other headquarters projects to the State Road business corridor, which would make this a very attractive business center for the community. She said, of the 200,000 square feet of the building, 78,000 square feet will would be office space, and the remainder would be electronic lab space. She said the company wants the 70 acre site in case of future need for expansion, demonstrating a long term commitment to the township. She added that the company could eventually expand to 400,000 square feet, with a major portion used as lab space, maintaining low employment density and, protecting the infrastructure of the township from heavy use. She said if this company purchased this portion of the Cody property, Avis Farms would own the remainder of the property, which is at the corner of State and Textile, and would hope to locate one or two headquarters type buildings there. She said she saw this as a very good opportunity to divide this particular parcel, which has been difficult to market in one piece, preventing it from contributing to the township’s tax base in a meaningful way. She noted that very few Avis Farms companies have received a tax abatement, including the recent ABN AMRO headquarters, because they didn’t meet the criteria, most often lacking the manufacturing component required by the state for an abatement. She said this company was looking for an abatement not only to reduce its local property taxes, but because much more valuable financial incentives were available from the state if the local community provided an abatement. Ms. Kalmbach then asked the Board members if there were any questions.

Treasurer Skrobola asked if the roads in Avis Farms are public roads. He also asked whether the WCRC expressed concern about the length of the circular drive with no road going south to Textile Road. He said the WCRC does not accept dead end roads as public roads over 600 feet in length.

Ms. Kalmbach said yes, the roads in Avis Farms are public roads. She then indicated on the display where Avis Drive connected to State Road via Lavender Lane, and how that would be modified slightly for this project. She said the access to the company would be a driveway from the public road, so it would not be a long public cul-de-sac.

Treasurer Skrobola commented on the wind tunnels described by Ms. Kalmbach in her presentation of the types of equipment used by the company. He expressed concern about the possible noise level emanating from a wind tunnel.

Ms Kalmbach said she did not know the exterior decibel level on interior wind tunnels, but she said Avis Farms currently has two dynamometers in Federal Mogul which have not been a problem. She said Avis Farms covenants have a decibel rating that is stricter than the township’s standard, and she has suggested to the company that it should join the Avis Farms Association. She said this would also allow Avis Farms to have some control over landscape treatments, the lake, and a possible fountain.

Treasurer Skrobola said that is significant because of the proximity of the Silo Ridge subdivision. He asked Ms. Kalmbach to clarify what she meant when she said there was not a noise problem from Federal Mogul; he wondered if the noise was not a concern mainly because this was in an area containing other industrial uses.

Ms. Lackey said she has been in facilities identical to the one proposed, and the dynamometers or wind tunnels cannot be heard. She said it is a very quiet environment because testing is being done, and there is deep insulation of the facilities.

Ms. Kalmbach indicated Federal Mogul’s location on the display, showing its proximity to office buildings. She said Federal Mogul has four dynamometers in its building, which have been tested at the lot line and there have never been any complaints about noise levels.

Ms. Lackey said these types of questions would also be addressed during the site plan review.

Trustee Conner said the wind tunnel itself is a room within a building. He said the air is re-circulated which should make the noise self-contained.

Supervisor Walter said when he was first approached about this project, he made it clear the Board does not give out tax breaks in a haphazard manner. He said the Board looks at projects on a case by case basis, and decisions are based on how much of an asset to the community a project would be. He said the benefits for the community for this project would be that it is a corporate headquarters with a long term commitment to the community from the company; it has a low employee base, which would allow for a lot of deferred parking; and the site could include more natural areas, and fewer impervious surfaces. He said the question before the Board tonight is whether or not to continue to pursue this project. He said this company is looking at other sites in and outside of Michigan, and he would like know if the Board thinks this project is a good idea for the township. He said personally from what he has seen, it looks good; however, he would like the Board’s support before going further. He said he did not want to get farther down the road only to have the Board say they do not favor any abatements at all. He asked the Board to look at this project carefully and ask a lot of questions. He said the Board has heard some of the benefits, such as it being one project rather then a whole series of smaller buildings, which means less traffic, and less work and expense for township staff. He said the company will be coming in with a lot of expensive equipment; therefore, even with the abated value, there will be significant tax generated.

Trustee Burhop said she was concerned about vibrations from the dynamometer affecting the adjacent residential neighborhood to the west.

Ms. Kalmbach said there is a single pad within a building, with regular floor around it. The isolated pad which would have a vibration control measures built in. She said no vibration could be felt from the floor.

Treasurer Skrobola said he wanted to add to what Supervisor Walter said relative to the concerns about abatements. He said although the employment base was low for this company, it would still add additional traffic to the already congested State Road corridor. He said he would like to get some sort of commitment from the business that it would participate in any future special assessment district to improve State Road.

Ms. Lackey said obviously she could not make that commitment on behalf of the company, but in general, the company’s leaders had expressed willingness to pay their fair share as part of the community.

Ms. Kalmbach said she thought that would be part of the negotiations when it comes to the point of forming the agreement for the abatement.

Trustee Conner asked if there would be 300 or 400 employees.

Ms. Lackey said there would be 300 employees to start, and the long term build out could go as high as 500 employees. She said she believed when Ms. Kalmbach said 400 employees, she was talking about the average number.

Trustee Conner asked if this was a corporate headquarters in addition to a lab, and if this would be one or two buildings.

Ms. Kalmbach said she has heard this will be a single building with approximately 200,000 square feet. She said 78,000 square feet will be office space and the rest will be the labs, wind tunnels, and whatever else is installed to test the cars.

Trustee Conner then asked about the relationship between the tax abatement and the State funding.

Ms Lackey said the Michigan Economic Development Council (MEDC) requires that a local economic incentive be provided before the State incentive can be given. She said the State, on large eligible projects, has interpreted that to be a local tax abatement. She said for a project this size, the MEDC will require an abatement.

Trustee Conner asked what amount of tax abatement would be required.

Ms. Lackey said on project of this size, usually 7 years on personal property and 12 years on real property. She said the percentage of the abatement, which is 50%, is set by law, and that number is not flexible. She said the township is responsible for determining the term of the abatement, if they choose to do it.

Trustee Conner said there was mention of some competitive bidding for the project form from other communities. He asked Ms. Lackey if she knew which communities were interested besides Pittsfield.

Ms Lackey said Romulus is one, as well as some sites out of state. She said she has also been advised the company is looking at other sites in WashtenawCounty.

Trustee Conner asked why the company was interested in Pittsfield, and how soon the company would make its decision.

Ms. Lackey said the company has an affinity for PittsfieldTownship, knew the area well and liked it. She said she could not give out too much information at this time. She said she anticipated the decision would be made by the end of June, no later than the middle of July. She said the company was on a very aggressive timetable.

Trustee Marine asked if there were alternative mechanisms with which to entice the company here, or is the tax abatement the only way?

Ms. Lackey said in other circumstances, the WDC has been able to negotiate other incentives with the (S)state; however, because of the size of this project and the fact that there is no question they are eligible for an abatement, she believed the State would hold the line on the abatement. She said that is not anything the company can influence, but a decision that is made in Lansing by the MEDC.

Trustee Marine asked whether the company was interested in the township abatement or the (S)state incentives.

Ms. Lackey said without the township abatement, the company will not receive the (S)state incentives. She said the company has made it very clear that it is interested in supporting things in the community which are important to the residents, but that cannot be included in the abatement contract, because there cannot be a quid pro quo for the abatement. She said the main issue for the company is the State’s MEGA credit which is a large financial incentive. The abatement is not insignificant, but it is nowhere near the size of the MEGA credit.

Trustee Marine asked about the company’s intentions for the community, as a good corporate citizen. He said he would like to know this if the Board considers an abatement.

Ms. Lackey said this question has come up in every community, namely, what can this company do for the community? She said the company has stated its (C)chairman, the North American (C)chairman, and the Global (C)chairman are committed to being part of the community, and this company has a history of being active and involved in their community.

Trustee Marine said one of the things Ms. Kalmbach mentioned was splitting the larger parcel, with other corporate headquarters locating on Textile Road. He said that would bring a huge amount of density to the area and would tax the infrastructure.

Ms. Kalmbach said the township’s comprehensive plan indicates that State Road will be the business corridor. She said the county will start construction of a five lane and three lane intersection next June, with a traffic signal, at Textile and State. She said she has been willing, as a corporate citizen of the township, to put up the funds and to get this going. She said big companies like this get the (S)state’s attention, which the township has never had, which can then help the township receive funds to upgrade infrastructure such as the State Road corridor. She added that Avis Farms has vacancies of over 15% right now on small sites.

Supervisor Walter said he believed part of Trustee Marine’s concern was the amount of development in the area. He said large, fairly low impact users would be less strain on the infrastructure, and a lot less development. He said according to the comprehensive plan, numerous smaller buildings could be located on this property. This project would create less development with fewer employees, with more environmental protection.

Trustee Brostrom said since development will occur in the business corridor, this type of classy, low impact, low density development is certainly appealing to him. He asked Ms. Lackey to expand on the financial benefit to the community.

Ms. Lackey said even with an abatement in place, the township could expect about $300,000 a year in new revenues. She explained that after the abatement, the company would add more investment to the site, without incentive from the community. She said this type of company tended to add investment more than employees, and a $1,000,000 piece of equipment would contribute significantly to the township’s tax base.

Ms. Lackey said she has also spoken with the company about the historic Cody home and there seems to be interest in helping with its restoration. She said that may or may not be the most important thing about this project to the township; she believed it was important to develop a relationship with the company both now and in the future.

Trustee Conner asked when the building would be completed and what type of hiring the company would be doing.

Ms. Kalmbach said the company has a very aggressive time frame and plans to have the building completed by April 2005.

Ms. Lackey said most of the employees would be new hires. She went on to explain what she told Ann Arbor when they gave Pfizer an abatement, which was that Ann Arbor had now set a very high standard for considering an abatement, which was a billion dollars worth of investment. She said if Pittsfield sets the bar very high, that helps the WDC do its job; when small companies come to the WDC, she can tell them with some certainty the township won’t entertain the idea of an abatement for them.

Clerk Lirones added to Ms. Lackey’s comments, noting that the township had been obligated to give an abatement some time ago on a minor $2,000,000 printing press because it was in a broad district formed by the previous administration. She said this Board had done some housekeeping, and dissolved some existing districts, which meant it could use its discretion and award an abatement only if a very high standard was met by the company. She reminded the Board members that a company that receives an abatement must meet the township’s living wage ordinance, which this company could do with no problem. She said she believed there is no question this company will get an abatement in another community if Pittsfield does not give it, since several other communities are anxious to have this company; the company has stated unequivocally that if Pittsfield does not offer an abatement, that would be a deal-killer. She said there is no question that if the township likes this project, the abatement is essentially mandatory because the company must have the State MEGA grant in order to proceed. She said the MEDC was more flexible in the past, allowing other community involvement to count toward the MEGA, but in this case, a local abatement would be required. She commented on the 7 year abatement on personal property and explained that personal property is all the technical equipment inside the building. She said this abatement is shorter because equipment depreciates so rapidly, so the abatement becomes almost nothing anyway in 7 years. The good thing about this is that the equipment is replaced in that time, and it would then go on the tax roll at full value. She said the 12 year abatement is on real property, which would be the building, and the land is not abated. She said she agreed with Treasurer Skrobola that some sort of consideration on State Road should be discussed, and she thought this particular client would be amenable to this. She said this site has been available for a long time, and has been extremely difficult to develop because of the access problems created by the railroad and wetlands. She said there could have been 8-10 lots with smaller buildings on this site, which would have meant a lot of parking, a lot of traffic, and an infinite amount of the township’s planning staff’s time, and would have with required a connection to Textile Road. She said she considers the fact that this user does not want and would not require a connection to Textile to be a benefit, because the connection to Textile would mean either crossing the wetland, which is not good, or crossing the railroad, which would be difficult and would raise safety issues. She said, in addition, a Textile outlet would have a negative impact on the Centennial Farms/Centennial Park development, because those residents would be turning in and out of their subdivision in the midst of peak hour traffic from the business park, which she felt would be very bad. She said she liked the fact that this project would have a smaller number of employees than so many smaller businesses would, which would lessen the impact on the infrastructure. She also said with all the deferred parking that could be done, this company could really protect the piece of property that is owned by Southeast Michigan Land Conservancy, which in a domino effect would give further protection to Silo Ridge. She said when Ms. Kalmbach first came and talked about this company locating on the Cody property, the lot at the corner of Textile and State was the one under consideration, and she told Ms. Kalmbach that lot should be very marketable without an abatement. She said she is generally opposed to giving tax abatements, but this particular proposal, which offered such benefits as low impact on the wetlands, no connection to Textile Road, and a top quality development on a site that was difficult to get on the market, made an abatement seem like a good possibility here.

Trustee Marine said he is seriously concerned about the Textile entrance of future development on the corner parcel, and its effect on Centennial Farms/Centennial Park. He said that really did not have anything to do with this company, but has more to do with the future.

Ms. Kalmbach indicated that the corner parcel already has an approved PUD zoning, with a U shaped drive around the Cody home onto Textile Road. She said that could develop at any time, and may even get on the market sooner than the parcel in question. She said there could be two separate lots, one with access to State and the other with access to Textile; however, that is something that has not been studied yet.

Trustee Marine asked if the Board was to say no to the tax abatement and the company was to leave, what did Ms. Lackey see for future of this site?

Ms. Lackey said there are very few users looking for 120 acres in a single site. She said she suspects the parcel will be developed in two pieces, with this parcel essentially as an extension of Avis Farms. She said what WashtenawCounty has made its bread and butter on these 20, 40, and 50 thousand square foot users. She said in this county, with its significant technology base, this has meant very, very dense development in terms of people. She said Pittsfield does not get a lot of big corporate headquarters, partly because sites have to be created for that. She added that Ms. Kalmbach has had the vision to create a site on this property. She said another reason this community does not get those clients is because there are not other clients like them already located here.

Ms. Kalmbach said this site was previously going to be a 600,000 square foot muffler plant, which she was not happy about. She said she optioned the property and tried to get the property rezoned to business park three years ago, but when the market fell, she let the option go.

Trustee Conner said he agreed with Clerk Lirones. He then asked what would be done to protect the wetlands.

Ms. Kalmbach said they are governed by the Washtenaw County Drain Commission and PittsfieldTownship’s standards and ordinances. She said Atwell-Hicks has started a wetland study, so that she can tell the clients up front what is there and what is required. She said they will take the wetlands map and have the DNR come out. She said this was one of the three issues she is studying for the client before they make their final decision.

Ms. Lackey said the WDC has had conversations with the company’s representatives and has advised them that if they have any hope of making their time table, they will need to retain the services of architects and engineers who understand PittsfieldTownship’s standards and ordinances, and they understand that.

Treasurer Skrobola thanked Ms. Lackey and Ms. Kalmbach for a very comprehensive presentation, and for answering the questions of the Board. He said the Board has serious concerns about tax abatements and wants to set a high bar for awarding them. He said he would like to make a motion at this time.

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to authorize the township administration, at the appropriate time, to enter into negotiations relative to tax abatement for this company, addressing the issues raised by the township Board.

Supervisor Walter said he wanted to assure Ms. Lackey and Ms. Kalmbach that if the Board decides to go ahead with this project, it will work closely and enthusiastically with everyone involved to make this a success.

Trustee Marine said he was unclear what the motion was.

Supervisor Walter said the motion was based on the idea the Board would proceed with the tax abatement process, assuming the township could be satisfied about the issues discussed, such as the wetland protection.

Trustee Marine asked if there was a way to be clear on what the Board will be looking for when the administration does go into negotiations.

Treasurer Skrobola said he believed that had been made clear tonight and this will be part of the public record. He said he believed his motion addressed the fact that the administration would be looking at a negotiation that addressed the concerns of the Board expressed this evening.

Supervisor Walter said that, number one, the township is looking at a large 200,000 square foot building with a fairly small employment base, and this would give the opportunity to defer a lot of parking, and develop the site in a much more environmentally sensitive way. He also said it would go along with the idea the township wouldn’t need the connectivity to Textile Road, adding that this site could be a cul-de-sac and still be adequately served by the internal road system from Avis Farms.

Treasurer Skrobola said he didn’t think the Board should narrow the scope in terms of the negotiations or else there is no negotiation. He said this tax abatement is not going to be decided by the administration, only negotiated. He said it would then come before the Board to be approved or not approved.

Supervisor Walter said the administration could keep the Trustees informed as to the process of the negotiations so that there are no surprises.

Trustee Marine said keeping the Trustees informed would be the key.

MOTION CARRIED.

6.0 Approval of Minutes

6.1 Request to Approve Minutes of the Regular Meeting held on May 27, 2003.

Motion by Trustee Conner, supported by Trustee Skrobola, to approve the minutes of the regular Board meeting held on May 27, 2003, as corrected.

Trustee Brostrom passed punctuation corrections to the recording secretary. He added that on page 6, 3^rd paragraph, in the 4^th line from the bottom the word “would” should be inserted after the word still. He said on page 8, 2^nd paragraph from the bottom, in the 6^th line there should be a semi-colon after the word “job” and in the same paragraph, the 7^th line should read “…qualifications (eg. three years or a Ph.D)…”

Clerk Lirones said she was uncomfortable with that change. She said the minutes reflected what was specifically said, and that she would prefer to leave it as written.

Trustee Brostom agreed the wording was acceptable. He said the word “is” after the word “Ph.D” should be changed to “are”. He said on the same page, in the 3^rd line from the bottom, the word “proscribed” should be changed to “prescribed”. He said on page 9, the 2^nd line should read “…great difficulty as far as the future is concerned…” and the word “activity” should be taken out. He said on the same page, in the next paragraph, in the 3^rd line, the letter “s” should be added to the word “make”, in the 3^rd paragraph the word “has” should be changed to “has”. He said also on the same page, 4^th paragraph, in the 1^st line the word “understands” should be changed to “understood”. He said on page 10, 3^rd paragraph from the bottom, in the 2^nd line the letter ”s” should be added to the word “Certificate”. He said on page 13, 3^rd paragraph from the bottom, the 5^th line should read …joined since the Board’s appointment…” and in the 2^nd paragraph from the bottom, in the 2^nd line the word “at” should be changed to “with”. He said on page 14, last line at the bottom of the page, the word “time” after the word “second” should be taken out, and on page 15, 3^rd paragraph, in the 1^st line the word “made” should be taken out.

Trustee Marine said on page 13, in the 5^th line down, the letter “e” should be capitalized on the word “ecology”.

Trustee Conner said on page 9, 4^th paragraph down, in the 5^th line, the word “then” should be changed to “than”.

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 42397–42533 for the amount of $187,501.12.

Motion by Trustee Conner, supported by Trustee Burhop, to approve the payment of the payables, checks 42397-42533 for the amount of $187,501.12.

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

9.2Request to Approve the Adoption of Resolution #03-28, Establishing Street Lighting Special Assessment District for CentennialPark Subdivision Phases 3 and 4.

Motion by Treasurer Skrobola, supported by Trustee Burhop, to adopt resolution #03-28, establishing a street lighting special assessment district for CentennialPark 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 Request Approval of Reimbursement for class taken by Dispatcher Waddell, Criminal Justice (on the job training 100%) for amount of $162.00.

Motion by Trustee Conner, supported by Trustee Brostrom, to approve the reimbursement of the class taken by Dispatcher Waddell, Criminal Justice (on the job training 100%) for the amount of $162.00.

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

11.2 Request Approval to Enroll in English Composition I (100%), and principles of Sociology (100%) for Dispatcher Wesley Fabian, at Washtenaw Community College for a cost of $378.00, with classes beginning May 10, 2003 and ending August 11, 2003.

Motion by Trustee Conner, supported by Trustee Brostrom, to approve the enrollment in English Composition I (100%) and principles of Sociology (100%) for Dispatcher Wesley Fabian, at WashtenawCommunity College for a cost of $378.00.

MOTION CARRIED.

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

12.1 Request Approval of Great Lakes Waste/B.F.I. Rubbish Report and to Pay Bill in the amount of $49,924.80.

Motion by Treasurer Skrobola, supported by Trustee Burhop, to approve the Great Lakes Waste/B.F.I. rubbish report and to pay the bill in the amount of $49,924.80.

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

12.2 Motion to Receive Building Department Permit Summary for the month of May 2003.

Motion by Clerk Lirones, supported by Trustee Brostrom, to receive the Building Department permit summary for the month of May 2003.

MOTION CARRIED.

12.3 Motion to Receive Monthly Housing Inspection Report for April and May 2003.

Motion by Trustee Conner, supported by Trustee Burhop, to receive the monthly housing inspection report for April and May 2003.

Trustee Conner asked what is being done about the violations?

Supervisor Walter said typically the Housing Inspector worked with the managers of the apartment buildings. He said he does not know if violations are issued, but he believed they are first told to correct the problems and if they do not, then a violation is issued. He said some of the things are often very minor.

MOTION CARRIED.

12.4 Resolution for Approval, RZ 02-08-Cody Properties [First Reading].

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to adopt the resolution of approval for RZ 02-08 Cody Properties [First Reading]. (See attachment #2).

Senior Planner Spencer said this piece of property was currently zoned AG and I-2 and was to be rezoned to R-D. He said the property is in the comprehensive plan to be zoned R-D. He said the planning staff feels this zoning category will fit well with the neighboring uses.

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

12.5 Resolution for Approval, RZ 03-03 Park Place For Business Major Change [First Reading].

Motion by Treasurer Skrobola, supported by Clerk Lirones, to adopt the resolution of approval for RZ 03-03 Park Place For Business, major change [First Reading].
(See attachment #3).

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

13.0 Items from the Parks & Recreation Department

14.0 Unfinished Business

14.1 Resolution Approving Settlement of Building Permit Fee Litigation.

Motion by Trustee Brostrom, supported by Clerk Lirones, to adopt the resolution for settlement of the building permit fee litigation. (See attachment #4).

Supervisor Walter said the Board received a revised resolution approving settlement of the building fee litigation. He said the township attorney Bruce Laidlaw was present to answer any questions the Board may have. He then asked Mr. Laidlaw if he could further explain point #3 of the resolution.

Mr. Laidlaw said point #3 would cover the situation where, if someone had a contract, on a property or on a home, or other property with a builder and had to pay that builder a specific amount based on the cost of permits. He said in that situation the person who would receive the partial refund authorized by the settlement would be the end user.

Supervisor Walter said that is certainly in line with the thinking a lot of the Board members had. He said the question is how that will be enforced.

Mr. Laidlaw said there will be several means for enforcing it. He said first there will be a newspaper ad advising persons in those situations to make a claim. He said second the actual persons who obtained the permits would be required, in submitting any refund applications, to give the names and addresses of all people who had cost plus contracts. He said lastly no one would be allowed to keep a refund for which the charges have been specifically passed on to the end user.

Clerk Lirones asked is the term “cost plus contract” something people will understand?

Mr. Laidlaw said that term will be further defined in the document.

Trustee Marine asked regarding point #2 how will the notification take place and who will send out the notifications?

Mr. Laidlaw said all records will be used to notify everyone who obtained permits. He said in other words the names and addresses will be used from the records and there will be follow-up when the notices are returned. He said the notifications will be sent out by the claims administrator, which in this case would be the Home Builders Association, who will be obligated to mail the notices. He said there will also be a newspaper notice and an obligation to do follow-up where the notices are returned in case of address changes.

Trustee Conner asked if the change in point #2 was being incorporated into point #1 for the sake of clarity and if this was basically the same proposal that had been discussed before?

Mr. Laidlaw said yes, that was for the sake of clarity to make sure the Board understood that the $310,000 was coming out of the $875,000, and that this was the same proposal.

Supervisor Walter said it was his understanding that if the Board passed this resolution, this outlines the principles that would have to be in the settlement and Mr. Laidlaw would still then have to work out the details of the language.

Mr. Laidlaw said the language has been pretty much worked out. He said he expects his office would be filing the documents with the court this week. He said the court would then have to approve the settlement, and there will be notices sent to all the class members.

Supervisor Walter asked if after court approves the settlement, would it then come back to the Board for further approval?

Mr. Laidlaw said no, the Board was approving the basic framework. He said the court will give a preliminary approval, and then there will be a hearing where people can come in and object saying they disapprove of this and want the court to reject it. He said if people do not opt out then the court will give final approval, and the disbursements will occur as indicated in the resolution.

Supervisor Walter asked if this would also involve defining the class, and give people an option to opt out? He also asked if there is an automatic trigger that if a certain percentage opt out, the settlement doesn’t go through and what is that time frame for that?

Mr. Laidlaw said if people representing over $100,000 in permit fees opt out, then the settlement will be dissolved. He said they will specify that the time frame be 30 days.

Treasurer Skrobola asked in what legal form will this be presented to the court?

Mr. Laidlaw said it will be presented as a stipulated settlement upon which the court would enter a preliminary approval; and then, based on the final hearing the court would be presented with a final judgment.

Treasurer Skrobola then asked if the township could get a copy of the stipulated settlement.

Mr. Laidlaw replied yes.

Clerk Lirones said she wanted to confirm that the resolution she handed out tonight is the correct resolution. She then asked how long will people have to submit their claim?

Mr. Laidlaw Bruce said yes that was the correct resolution and people will have six weeks to make their claim.

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

15.0 New Business

15.1 Request to Approve Resolution Submitting Some PittsfieldCharterTownship Recommendations For Consideration By The Land Use Leadership Council.

Supervisor Walter said yesterday at the CEO’s meeting for Mayors and Supervisors, Tony Vanderwoorp, the county’s Director of Planning and Environmental Services, handed out a resolution that was adopted by the Board of Commissioners asking that the Governor’s Land Use Leadership Council consider certain things that county planning thought was important. He said Mr. Vanderwoorp requested local units to take a look at it, and, if they agreed, to essentially echo their resolution. He said this resolution is not comprehensive in the sense that there’s a lot of other things he personally would like to see in it; however, he felt it might be worthwhile for the Board to back the counties effort on this. He said he just took their resolution and changed a little punctuation, as well as substituting Township for CountyBoard.

Motion by Treasurer Skrobola, supported by Clerk Lirones to approve the resolution submitting some PittsfieldCharterTownship recommendations for consideration by The Land Use Leadership Council.

Trustee Marine asked Supervisor Walter if he had changed any of the language?

Supervisor Walter said he changed a little in the first “WHEREAS”, because of the awkward language and the punctuation. He said the apostrophe should be removed from the word “Co-Chairs”. He said other then those changes, it is the County’s resolution.

Trustee Marine asked why the resolution was limited to a sub-section of this council. He said he went to one of the hearings about this Land Use Council and they were very clear that all 20 members should be contacted.

Supervisor Walter said he had not given much thought to that question; however, if Trustee Marine would prefer it be sent to all the members he could amend the resolution. He said basically the County just sent it to the Co-Chairs and then to the State Representatives and Senators. He then asked Trustee Marine if he would like it to be sent to all members.

Trustee Marine said that was their recommendation and believed that is what should be done.

Supervisor Walter said “Frank Kelley and William Miliken, Co-Chairs” could be crossed out and the resolution should read “… to the Land Use Leadership Council members, and to …” He said in other words this will be going to the Land Use Council people and the Legislators.

Clerk Lirones asked isn’t that what this resolution says?

Supervisor said no, it only says to send it to the Co-Chairs.

Clerk Lirones said if a comma is inserted after the word “members” the resolution already says that and will still identify the Co-Chairs specifically, which she believed was fine.

Supervisor Walter said inserting one comma would make it easier to change.

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

15.2 Accept the Resignation of Trustee Jeff Jeffrey Marine from The PittsfieldTownship Housing Commission and The PittsfieldTownship Historical Commission.

Motion by Clerk Lirones, supported by Treasurer Skrobola to, regretfully accept the resignation of Trustee Jeff Jeffrey Marine from the Pittsfield Township Housing Commission and the Pittsfield Township Historical Commission.

MOTION CARRIED.

Supervisor Walter said he would like to, if possible, have the Board appoint successors at the next meeting.

16.0 Public Comment II-none.

17.0 Adjournment by Supervisor Walter at 9:07 p.m.

_____________________________
Yolanda Holmes, Department Assistant I
RecordingClerk
PittsfieldCharterTownship

_____________________________
Christina L. Lirones, Clerk
PittsfieldCharterTownship

_____________________________
James R. Walter, Supervisor
PittsfieldCharterTownship