9.3 Request to Approve Resolution #03-51, Procedures and Guidelines to Recover Costs Associated with Extended Information Requests Subject to the Freedom of Information Act.

Motion by Trustee Conner, supported by Trustee Burhop, to approve resolution #03-51, procedures and guidelines to recover costs associated with extended information requests subject to the Freedom of Information Act. (See attachment #2).

Clerk Lirones noted that a revised version of the resolution had been handed out to the Board members. She said after discussion with staff members involved in working on FOIA requests, it seemed reasonable to charge for requests that exceed more than ½ an hour of staff time, as opposed to an hour. She said the Clerk’s Office receives many FOIA requests, and she wished to formally put in place a consistent system.

Trustee Marine said he did not know how normal it was to have this type of form for the public to fill out. He said the whole idea of the Freedom of Information Act is to allow the public to request any information that is publicly available, and not to do anything that may in any way stop the public from requesting that information. He said he does realize there are costs involved, but he is worried that this form may inhibit some members of the public from requesting information. He said he did not like the idea of charging the public for information that is supposed to be free. He then said he had tried to become acquainted with the Freedom of Information Act since Friday, which was impossible to do in 3 days; however, he could not find anything about a time period that would pertain to the one hour described under the 3^rd whereas. He said he would like to know if a time period was actually written into the Freedom of Information Act and if so could a copy of that section of the Act be made for him. He said he also felt since he knew very little about this Act, it would be difficult to make an educated vote. He said his request to the Board, and the motion he would like to make, is to postpone this motion until he has time to familiarize himself with the Freedom of Information Act, fully understand its intent, and find out what is reasonable as far as fees are concerned.

Supervisor Walter asked for clarification of Trustee Marine’s motion. He asked if the motion was to postpone the vote until a time certain, or to table the vote until the information he is requesting is received. He said the distinction between the two is that a motion to postpone is debatable and a tabling motion is not. He said if Trustee Marine wanted to postpone the vote until the next meeting, that would be a time certain and would be debatable, whereas tabling a motion would be indefinite, until someone moves to take it off the table.

Clerk Lirones said this is the township’s long established FOIA form and it is typical to charge for extended requests for information. She said this form was inherited from the previous administration and is perfectly legal. She said the cost has actually been reduced since she has taken over as FOIA Coordinator, adding that according to Section 4 of the Act this is exactly what should be done. She suggested the Board adopt the resolution, which is not required by the Act, but merely formalizes what has been done for many years at the township. She said this is the existing fee structure, which has been reviewed and approved by the township attorney. She said information is frequently given to members of the public at no charge, but as an example of a more costly request, developers and realtors might ask for a zip disk of all subdivisions in the township. She added that she also handed out a different resolution tonight regarding FOIA that was here when she took office and took over as FOIA coordinator, but it had never been voted on. She said should these procedures and guidelines fail to be formalized by the Board, the form would continue to be used, since there is no requirement in the FOIA Act to establish procedures and guidelines by Board resolution. She said she thinks it would be a good housekeeping measure for the next FOIA coordinator.

Trustee Marine asked if the statement in the resolution pertaining to charging after one hour was in Section 4, Subsection (3) of the FOIA Act.

Clerk Lirones said she would like to clarify that the time period is half an hour, not one hour. She said Section 4, Subsection (3) says an amount of time should be determined where it is unreasonable not charge a fee.

Trustee Marine said he had not asked his question clearly. He asked whether in Section 4, Subsection (3) is an amount of time stated anywhere.

Clerk Lirones said she believed Trustee Marine was misunderstanding the 3^rd whereas. She then read the 3^rd whereas of the resolution in its entirety. She said what has to be done is to establish and publish procedures that allow the implementation of Subsection (3). She said it does not specify in Subsection (3) the amount of time, and that what she was doing was establishing a reasonable amount of time.

Trustee Marine said it did not read that way to him and that maybe one of the other Trustees could help to clarify this section.

Supervisor Walter said from listening to the discussion, the statute seems to say a reasonable amount of time, and he believes what the Clerk is saying to the Board is that for our purposes we are defining reasonable as being more than ½ hour.

Trustee Marine said he understood what Supervisor Walter just said and it looks as though the 3^rd whereas is not very clear. He said it looks to him as though it is saying that Subsection (3) states that one hour time period. He said maybe the wording in the resolution should be clarified to say that is not what’s in Section 4, Subsection (3), but that is what the township has determined to be reasonable.

Supervisor Walter said he saw the reference to the subsection as being the statutory authorization for the township to set reasonableness, and this is what the township thinks is reasonable. He asked Trustee Marine if he had any suggested language to make it more clear.

Trustee Marine suggested maybe another Board member could do a better job at editing the paragraph then he could.

Supervisor Walter then asked the other Board members if they had a problem reading or understanding what the 3^rd whereas referred to.

10.1 Motion to Authorize the Supervisor to Negotiate and Execute a Two-Year Agreement to Support the Recycle Ann Arbor Drop-Off Station at a Cost of $6,000.00 per year.

Motion by Trustee Conner, supported by Trustee Burhop, to authorize the Supervisor to negotiate and execute a two-year agreement to support the Recycle Ann Arbor Drop-Off Station at a cost of $6,000.00 per year.

WHEREAS, The Recycle Ann Arbor Drop-off Station on Ellsworth Rd. is an important community resource for reducing the waste going into our lands, and

WHEREAS, The Recycle Ann Arbor Drop-off Station is facing an operating loss of $76,000 per year, and

WHEREAS, The City of Ann Arbor and Washtenaw County have indicated a willingness to provide financial help to Recycle Ann Arbor for the Drop-off Station, and

WHEREAS, PittsfieldCharterTownship has made excellent use of this community resource, and

WHEREAS, Supporting the Drop-off Station is an appropriate use for the money in the Solid Waste Reduction Fund,

NOW, THEREFORE, BE IT RESOLVED THAT, the Supervisor is authorized to negotiate and execute a two-year agreement with WashtenawCounty, The City of Ann Arbor, and Recycle Ann Arbor to subsidize Recycle Ann Arbor in the amount of $76,000 per year for each of the years 2004 and 2005. The PittsfieldCharterTownship share of that subsidy is to be $6,000 per year to be taken from the Solid Waste Reduction Fund.

Supervisor Walter said the Drop-OffCenter was going to have a deficit of about $76,000 each of the next two years. He said he met with representatives from the County and the City of Ann Arbor to discuss this, because this was an important and convenient resource for the citizens. He said the township has solid waste reduction money earmarked for this type of activity, and must have a plan to expend the funds; this fund was used for the township’s Environment Day. He said these are tipping fees that were collected from the Onyx landfill in SalemTownship. He said he believes contributing a share of the cost would be something that would benefit the community, and a perfect use for these funds.

Supervisor Walter said the township has around $85,000 in its account right now. He said if the township does not have plans for using these funds, the County could take them back. He said the funds could be used over the next few years to do things such as subsidizing this and paying for the township’s Environment Day.

Trutstee Conner suggested amending the resolution to state the budget item number and the remaining balance.

Clerk Lirones said that did not need to be included in the resolution itself, and suggested that this information could be noted in the minutes of the next meeting.

11.1 Motion to Receive Letter of Resignation for Paid-On-Call Firefighters Brian Keeton and Richard Platz.

Motion by Treasurer Skrobola, supported by Trustee Burhop, to receive the letter of resignation for Paid-On-Call Firefighters Brian Keeton and Richard Platz.

11.2 Motion to Receive Letter of Resignation for Paid-On-Call Firefighter Christopher Jeruzal.

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to receive the letter of resignation for Paid-On-Call Firefighter Christopher Jeruzal.

Motion by Trustee Conner, supported by Trustee Burhop, to replace/hire Paid-On-Call Firefighters and Trainee Reserve.

11.4 Request to Approve the Purchase of Extrication Equipment – Fire Department, from WestShore Services at a total cost of $17,765.00, and charged to account #336-777.

Motion by Trustee Brostrom, supported by Trustee Burhop, to approve the purchase of Extrication Equipment – Fire Department, from West Shore Services at a total cost of $17,765.00, and charged to account #336-777.

11.5 Request to Approve Enrollment in Writing the Critical Analysis (100%), for Officer Fusik, with class beginning September 16, 2003 and ending October 14, 2003 at a cost of $295.00.

Motion by Trustee Conner, supported by Trustee Brostrom, to approve enrollment in Writing the Critical Analysis (100%), for Officer Fusik, with class beginning September 16, 2003 and ending October 14, 2003, at a cost of $295.00.

Trustee Marine said classes at ConcordiaCollege cost approximately three times as much as classes at Eastern Michigan. He said he could see nothing in the contract that says the township has to pay for private institutions, even though it is required to pay for course work. He said the township should never pay for private colleges and should at this point take a stand to save the taxpayers money and abide by the contract at the same time. He said the officers should be told they can take the same course at a public institution which would save not only money, but the trouble of ever having to use public funds for religious education. He said he will never again vote yes to a private institution unless there is an attached memo that says there is absolutely no other way the course can be taken at a public institution nearby. He said he encourages the Board to join him on this issue and to stop wasting taxpayers’ money.

Trustee Burhop asked if the Board was constrained by the current contract on this issue.

Supervisor Walter said Trustee Marine has made a valid point. He said there is probably nothing in the contract that specifies public or private institutions; however, there is a well established principle in labor relations called past practices. He said that in his opinion, if the Board turned this down, the result could be a grievance. He said the administration does share the concern about the high cost of the private schools that some of the employees attend, and is trying to address that. He said he did not think it would be appropriate right now to turn this down because it may violate the principle of past practices. He said although he shares Trustee Marine’s concerns, he did not think this was the proper way to address it.

Trustee Conner said he had the same sentiments. He said perhaps this could be dealt with in negotiations with the upcoming contract. He added that the Board should be consistent.

Trustee Marine said he thinks the Board has made a mistake and it was time to stop.

Supervisor Walter said this is a practice that has gone on for years, and noted again the past practice of the township. He said in order to change past practices, they should be negotiated. He said he did not want to create a bigger liability for the township.

11.6 Motion to Receive Pittsfield Township Police Department Call Activity Statistical Report for month of August 2003.

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to receive the Pittsfield Township Police Department call activity statistical report for month of August 2003.

11.7 Request to Approve Proposed Ordinance #258 to Update Traffic Code [1^st Reading].

Motion by Treasurer Skrobola, supported by Trustee Burhop, to approve the proposed ordinance #258 to update the Traffic Code, for first reading. (See attachment #3).

12.1 Request to Approve Resolution to Perform a Water System Vulnerability Assessment. Pittsfield Township has authorized Ayres, Lewis, Norris, and May Inc. to proceed with the assessment for a not-to-exceed cost of $30,000.00.

Motion by Trustee Conner, supported by Trustee Brostrom, to approve the resolution to perform a Water System Vulnerability Assessment. PittsfieldTownship has authorized Ayres, Lewis, Norris, and May Inc. to proceed with the assessment for a not-to-exceed cost of $30,000.00.

Interim Utilities Director Phil Maly said he was the author of the two documents before the Board. He said in 2002 the President of the United States signed the Bio-terrorism and Preparedness Act which mandated communities with the same population density as Pittsfield’s to perform a vulnerability assessment of utilities by June 2004. He then introduced Township Consulting Engineer Robert Czachorski of Ayres, Lewis, Norris, and May, Inc. (ALNM) to explain the proposal.

Mr. Czachorski said the requirement of the federal government asks communities to perform these vulnerability assessments as a direct response to the terrorist attacks that occurred two years ago this week. He said for the vulnerability assessment, ALNM would conduct a comprehensive review of the township’s water system. He said that all the facilities in the system will be visited and the risk and vulnerability of those facilities to terrorist acts will be identified. He said if any risks and vulnerabilities are identified, there will be improvements recommended to protect these facilities and ensure a high quality and safe water supply to the township residents. He pointed out that the Act requires communities the size of Pittsfield Township to perform these studies by June of 2004, which is nearly a year from now. He said the reason this proposal is being put before the Board now is because design documents for the construction of a major water system improvement project are currently being prepared. The design includes 5 miles of transmission main, a new ground storage tank, and a booster station and ALNM hoped to include any recommendations and findings from this assessment in those design documents.

Supervisor Walter asked if the township would be eligible for grants from the federal or state government for necessary upgrades or repairs to reduce the township’s vulnerability.

Mr. Czachorski said grants are not available at this time, but the State of Michigan does have a drinking water revolving fund program that is administered by the Michigan Department of Environmental Quality, which is essentially a low interest loan. He said the federal government has not put up any funds for grants for either the vulnerability assessment or for recommended upgrades.

Mr. Czachorski said it changes from year to year. He noted that the township administration and ALNM evaluated the possibility of obtaining this low interest financing for the water system improvement project, but it had been decided for many reasons that the loan would not be appropriate. He said based on the meeting with the MDEQ earlier this year, he believes the loan rate was about 2.5 percent. He said his understanding is that, when taken over the course of a 20 year bond, given the typical rates in the bond market versus the interest rate that would be available from the State of Michigan, it’s similar to a 25% or 30% percent grant over the course of 20 year bonding.

Trustee Conner said this was probably a new practice and there is probably not a lot of expertise around for this kind of assessment. He then asked what in particular were ALNM’s qualifications to perform this kind of assessment.

Mr. Czachorski said vulnerability assessment has been around for quite awhile. He said many communities throughout the country have performed them. He said during the Olympics in 1996 in Atlanta, Georgia, the city did a vulnerability assessment of its water system specifically due to the Olympics coming to town; ALNM was involved in that project. He said ALNM is also performing assessments for other communities, adding that one had just been completed for the city of Marshall, and one is in progress for Ann ArborTownship. He said ALNM has a vulnerability securities person on staff. He said Greg Schofer, who was with him tonight, is one of the experts on controls and security systems.

Trustee Conner said he was impressed. He then asked if there was programming or simulations associated with this kind of analysis.

Mr. Czachorski said he did not anticipate there would be any programming or simulation. He said the assessment is focused around reconnaissance of each of the facilities, identifying risks, potential threats, and vulnerabilities that exist and making recommendations to improve them.

Mr. Czachorski said the assessment would be looking at vulnerability to terrorist attacks. He said he could give two specific examples of that, one being the elevated tank on I-94. He described the security issues at that site in some detail. He also mentioned the utilities garage.

Trustee Brostrom said he wondered if ALNM would be looking for vulnerabilities related to explosions and chemical agents. He then asked if ALNM had expertise regarding the kinds of poisons that might be available to terrorists.

Trustee Marine noted that he would like an itemized cost estimate. He said he was intrigued by the proposal, especially the risk assessment. He said he found the factor for the likelihood of attack the most interesting part of the equation. He said he believed that, without doing any assessment, Mr. Maly or Mr. Czachorski should be able to have the answer to at least one variable in this equation: the likelihood of attack in PittsfieldTownship. He asked if they could tell him the likelihood of attack in Pittsfield.

Trustee Marine said the reason he asked that question is because he also believes it is extremely unlikely. He said he could understand someone attacking the Pentagon, the WorldTradeCenter, and major cities, but he has trouble with being concerned about the water source in PittsfieldTownship. He said what we have here is a very low to non-existent risk, and apparently an unfunded federal mandate where the township may be spending $30,000 of the taxpayers’ money to do something that, to him, seems absolutely ludicrous. He said he realized that 9/11 was coming up and everyone is afraid of terrorism, but he, as a representative of the township, feels this is $30,000 that is being spent to assess a risk that is non-existent. He said he does not like unfunded mandates from the federal government for $30,000 and he especially did not like unfunded mandates for this. He then asked if Mr. Maly or Mr. Czachorski knew of any small communities anywhere in the country that asked for a vulnerability assessment before 9/11?

Mr. Maly said he could not answer that question. He said the reason this is being done now is because it is being mandated by the federal government. He said the mandate does not just affect communities Pittsfield’s size, but could affect much smaller communities. He said even the township system at Brookside subdivision, at some point, is going to have go through the same thing.

Trustee Marine asked what the consequences from the federal government would be of non-compliance?

Director Maly said nothing that has come across his desk has indicated that there are consequences. He said he could not answer that question for Trustee Marine because he did not know.

Mr. Czachorski said he wanted to point out that the township does obtain water from the Ypsilanti Community Utilities Authority, who in turn buys water from Detroit. He said because the community is buying water from Detroit perhaps the risk is not zero.

Trustee Marine said in answer to that he would have to suggest that Detroit will have a vulnerability assessment done.

Supervisor Walter said the risk also varies with the type of threat. He said an international terrorist may not pick out PittsfieldTownship, but he believes the risk will go up if activists of other groups look at the township as an easy target. He said if the township could do a few things to make itself a less attractive target, he believes the risk goes down. He said if someone wanted to make some sort of local statement, they could see the water system as an easy target. He remarked on new security provisions at the Ann ArborAirportTower. He said security there may be going a little overboard, but as we have seen in other cases, there are homegrown terrorist of various types in this country, too. He said it would be good to know what the township needs to do to upgrade and protect the system. He said he is not uncomfortable with this, although he does not like the idea that the federal government is mandating this without giving support and guidelines.

Mr. Maly said one thing he wanted to point out to Trustee Marine was that the timing to bring this before the Board was not to coincide with 9/11. He said the timing was coincidental to the timing of other projects in the township.

Trustee Brostrom asked if doing this study now might save money in the long run, in terms of designing the new system.

Mr. Czachorski said that was the whole idea. He said as an example, there may need to be sensors added to the elevated tank as part of the improvements that are being made now. He said if the township is going to write a contract to have a contractor go out and make improvements, if there are other peripheral things he could be doing that would come out of this vulnerability assessment, the township may as well have him do it at the same time and perhaps save some money.

Trustee Conner said there is also a possibility of accidents happening that aren’t the result of terrorist planning, adding that the water could become contaminated by some other means.

Mr. Czachorski concurred, and said right now, the whole western district is fed by a single line, and once the new project is in place, there will be two feeds to the western half of the township. He said if one of the stations went out there is a back up, if the elevated tank went out both of the two stations could operate together. He said the best thing the township could do to reduce vulnerability is to have built in reliability and redundancy in the system.

Trustee Marine said that means the township is already on its way to doing the best thing it can do for the system without actually doing a vulnerability assessment.

12.2 Request to Approve Resolution to Perform Electrical Reliability Improvements to the Morgan Road Water Booster Station. Pittsfield Charter Township has authorized Ayres, Lewis, Norris, and May Inc. to prepare design drawings and bidding documents for the electrical improvements not to exceed the cost of $4,000.00, with the entire project cost not to exceed $13,300.

Motion by Treasurer Skrobola, supported by Trustee Conner, to approve the resolution to perform electrical reliability improvements to the Morgan Road Water Booster Station. PittsfieldCharterTownship has authorized Ayres, Lewis, Norris, and May Inc. to prepare design drawings and bidding documents for the electrical improvements not to exceed the cost of $4,000.00, with the entire project not to exceed $13,300.00.

Mr. Maly said over the last couple of years he has kept an eye on the Morgan Road booster station and costs associated with its operation. He said the township has an arrangement with a contractor, Utility Instrumentation Services (UIS) for programming at Morgan Road. He said the utilities office had been receiving several alarms from the station, such as low water alarms and pressure problems. He said the contractor did a good job of responding, but he couldn’t get answers about why the alarms were continuing to occur. He said he did not mind paying people to do work, but he wanted results, not just a temporary fix. He said he asked Supervisor Walter if he could get some help, and asked ALNM to review this.

Mr. Czachorski said from that investigation it was discovered that the actual computer code that sequences how those pumps should turn on and off was outdated and needed to be reprogrammed. He said that reprogramming was done approximately 6 to 8 weeks ago, and since then Mr. Maly has indicated the elevated tank has stayed relatively full, and the number of alarms have decreased.

Mr. Maly said there has not been a single call out since the reprogramming. He said over the years the booster station at Morgan Road has been required to perform a function that it was not originally designed for.

Supervisor Walter asked if Director Maly could give the Board a quick estimate of the cost of an alarm every time it went off.

Director Maly said first a field technician would have to respond; if the alarm occurred at night, this involved overtime. He said the field technicians have limited familiarity with the technical nature of the station, so they in turn would call UIS. He said UIS would respond very quickly, but he was dissatisfied with the answers he was getting for why these problems continued to happen. He said the reality of the situation is that UIS is technically capable of understanding the communications of the station, but maybe not so technically capable of understanding the operations of the station. He said he would venture to guess it cost $750-$1500 per trip.

Clerk Lirones said based just on the bills that she and Director Maly signed off on it could be $1,000-$3,000 every other payable period. She said the expense under consideration tonight, if it will fix the problem, would be recouped immediately.

Supervisor Walter asked if the study is to bring the station up to speed and make it function properly.

Mr. Czachorski said all the work that Director Maly has described has been done, adding that it was during this investigation that there were a few other things about the station that were observed. He said the first observation was that during periods of high demand, such as a hot summer day, the station was regularly running all three pumps. He said the second observation was that the variable frequency drives (VFDs) and other electrical components had exceeded or were near their expected lifespan, and should be replaced. He added that the station was built in 1985, making those devices 17 or 18 years old. He said when the station was built, it had 2 pumps and the community only needed one of those pumps to operate to provide all the water to the western district; if one of those VFD’s or control boxes failed that would be ok because there was another pump there that could work. He said 3 years ago a 3^rd pump was added to the station because 2 pumps were running quite frequently to provide the water, and the idea was that if one of those pumps failed, there would be a back up. He said now all 3 pumps are running and a 4th pump needs to be added, which is what is now going to happen at the new booster station on Textile Road. He said that is ultimately the solution to the problem at Morgan Road; however, it looks as though the new facilities will not come online until after next summer. He said that means the township has to endure one more summer of high water demands without these improvements in place. He explained the nature of the electrical improvements proposed, which would increase reliability in the current system, and prevent loss of water service to the western districts of the township.

Trustee Marine asked if this is a back up that should hold the township through next summer and will keep the township from having failures.

Mr. Czachorski replied in the event that one of the electrical components fails, this will help to avoid a catastrophe. He said it is not a normal routine of operation to run 3 out of 3 pumps at a booster station. He said if next summer is extremely hot and the capacity needed for this station exceeds 3 pumps, there still may be some difficulty keeping the elevated tank full, adding that it depends on how hot the temperature is next year. He said he could not promise these improvements will get the township through the summer, but he could promise in the event that one of the electrical components fails, it will not result in a catastrophe in the western district. He said part of the re-programming was to try to keep the tank at a higher level during the hot summer days. He said in the early morning hours the pumps were previously programmed so that the first pump did not come on until about a quarter of the volume of the elevated tank was gone. He said that sequence was reviewed, and that now those pumps are set to keep the elevated tank nearly full all the time. He said he feels the township is now doing the best it can with the facilities in place right now.

Trustee Conner asked if there are back up generators for the pumps, and if so, the type of fuel used.

Mr. Czachorski replied yes, and the generators run on diesel fuel. He said it was the back up generators that continued to provide water to the western district during the recent blackout.

12.3 Request to Approve Enrollment in Criminology (50%) and Family Communication (50%), for Todd Thornsberry-Building Inspector, with classes beginning September 6, 2003 and ending December 18, 2003, at a cost of $407.00.

Motion by Clerk Lirones, supported by Trustee Brostrom, to approve enrollment in Criminology (50%) and Family Communication (50%), for Todd Thornsberry-Building Inspector, with classes beginning September 6, 2003 and ending December 18, 2003, at a cost of $407.00.

Trustee Marine said on Mr. Thornsberry’s form it says he is asking for 50% reimbursement and the total cost was $407.00. He said it did not make sense because $203.50 would be 50% of $407.00. He asked for clarification.

Supervisor Walter said Trustee Marine was correct and he would get clarification from Mr. Thornsberry before this came back to the Board for reimbursement.

12.4 Request to Approve Resolution Authorizing the Promotion of Mr. Jeffrey H. Keown to the Position of Utilities Field Technician II, effective August 22, 2003, at an hourly wage of $12.17 per hour as stipulated by the AFSCME Union Contract.

Motion by Trustee Conner, supported by Trustee Brostrom, to approve the resolution authorizing the promotion of Mr. Jeffrey H. Keown to the position of Utilities Field Technician II, effective August 22, 2003, at an hourly wage of $12.17 per hour as stipulated by the AFSCME Union Contract.

WHEREAS, the Pittsfield Charter Township Board of Trustees would like to authorize the promotion of Mr. Jeffrey H. Keown from the position of Utilities Field Technician I to the position of Utilities Field Technician II, and

WHEREAS, Mr. Keown meets the qualifications set forth in the Utilities Field Technician II job description and has successfully completed the pre-employment hiring process,

NOW, THEREFORE, BE IT RESOLVED THAT, the Pittsfield Charter Township Board of Trustees authorize the hiring of Mr. Jeffrey H. Keown, to serve in the position of Utilities Field Technician II, effective Friday, August 22, 2003, at an hourly wage of $12.17 per hr. as stipulated by the AFSCME Union contract.

12.5 Request Approval of Great Lakes Waste/B.F. I. Rubbish Report and to Pay Bill in the amount of $49,827.15.

Motion by Treasurer Skrobola, supported by Trustee Burhop, to approve Great Lakes Waste/B.F.I. rubbish report and to pay the bill in the amount of $49,827.15.

Motion by Trustee Conner, supported by Clerk Lirones, to receive the monthly building permit list for August 2003.

Motion by Trustee Brostrom, supported by Trustee Burhop, to receive monthly housing inspection report for August 2003.

Motion by Clerk Lirones, supported by Treasurer Skrobola, to reappoint Russell Banush to the Planning Commission.

Motion by Treasurer Skrobola, supported by Trustee Burhop, to appoint Andrea Urda-Thompson to the Planning Commission.

Motion by Treasurer Skrobola, supported by Trustee Conner, to reappoint Clerk Lirones to the Planning Commission.

Treasurer Skrobola said there were many reasons for this re-appointment, but primarily because Clerk Lirones was doing a terrific job.

Supervisor Walter congratulated the appointees and thanked them for their hard work.

Planning Commissioner Banush said he felt honored the Board has seen merit in his three years of service on the Commission. He said he considered it a privilege to serve the community, and that it was a great job. He said he was pleased by Commissioner Ward’s supportive comments, especially since he has such high regard for Commissioner Ward as well. He then thanked the Board.

16.1 Historical Commission Request to Approve working with EasternMichiganUniversity, to do Historical Study of PittsfieldTownship and request Jan BenDor to search for grant money to do a Historical Survey.

Motion by Trustee Conner, supported by Treasurer Skrobola, to approve the request from the Historical Commission to work with EasternMichiganUniversity, to do an Historical Study of Pittsfield Township, and to request Grant Coordinator Jan BenDor to search for grant money to do a Historical Survey.

Marcia Ticknor, Chairperson of the Historical Commission, said a limited survey of historical structures in the township was done in 1982, and is on the WashtenawCounty website. She said it does not meet county or state criteria for historical surveys. She said Ted Ligibel, Director for the Historic Preservation Department at EasternMichiganUniversity, is the person the Commission will be working with, in conjunction with his January class. She said next fall a more intensive survey could be done; she displayed an intensive survey done for SuperiorTownship. She said it surveys about 30 pieces of property, telling from the beginning who owned the property, what it was used for, and giving site plans and historic significance. She said she felt this type of survey was very important for the township.

Supervisor Walter asked Ms. Ticknor if what she was asking for at this point is for Grant Coordinator Jan BenDor to find resources, and then come back sometime later in the fall with a specific proposal.

Ms. Ticknor said she was hoping to have more specific information by the next Board meeting.

Trustee Brostrom said this was an interesting project and harmonizes with conversations about the possibility of an historical park, and simply trying to find out more about the history of PittsfieldTownship. He said this survey was a terrific idea.

Trustee Marine said he agreed and over the last couple of years has seen Ms. Ticknor diligently stick with this project. He said it correlates very well with what is being done in this township.

Clerk Lirones asked if the motion was just to authorize the Historical Commission to work with EMU and to ask Grant Coordinator Jan BenDor to search for grant money.

Trustee Conner said the Natural Resources Commission was thinking about putting together a photo contest for the educational series. He said that had spoken with Deputy Clerk Jan BenDor, and she has put up pictures in one of the conference rooms, which might be dubbed the Great Blue Heron room. He then displayed two photos he had taken of a Great Blue Heron. He said the township could do a calendar, and that the photos might lead into some of the video work that is being planned. He said the Commission also found out that Russell Video has moved to PittsfieldTownship from Ann Arbor and they will now be offering a 20% discount for some of their services.

Clerk Lirones said the administration has been working on putting up permanent art work in the building. She said Deputy Clerk Jan BenDor has donated 5 original prints to the township which are now on display, including an original piece of art by local artist Susan Falcone. She said Deputy Clerk BenDor also donated four prints she purchased from the River Raisin Watershed Council, which are very beautiful prints that have been framed and installed. She said she and the Deputy Clerk wanted high quality frames to match the trim in the building, which cost over $700. She said she donated $300 to offset the cost, so the township now has $1000 worth of beautifully framed artwork at a cost of about $436. She said she hopes people feel this is a good investment, to improve the quality of the township’s conference rooms. She said she has also donated some other framed prints installed at the entrance to Morris Hall and other locations. She then pointed out the beautiful artwork displayed in the back of Morris Hall done by Senior Citizens of the Community Center’s painting group. She said it was nice to have some local artwork in the building.

_____________________________
Yolanda Holmes, DepartmentAssistant
RecordingClerk
PittsfieldCharterTownship

_____________________________
Christina L. Lirones, Clerk
PittsfieldCharterTownship

___________________________
James R. Walter, Supervisor
PittsfieldCharterTownship

MINUTES APPROVED, AS CORRECTED, AT THE PITTSFIELD CHARTER TOWNSHIP BOARD OF TRUSTEES MEETING HELD SEPTEMBER 23, 2003.

PITTSFIELDCHARTERTOWNSHIP

COUNTY OF WASHTENAW, STATE OF MICHIGAN

RESOLUTION FOR ANNEXATION

TO THE CITY OF ANN ARBOR

RES #03-48

Lot 26, Walden Woods Subdivision

2975 Shady Lane, Dianna Smith

Minutes of a Regular Meeting of the Township Board of Pittsfield Charter Township, Washtenaw County, Michigan, held at the TownshipAdministrationBuilding located at 6201 W. Michigan Ave., on the 9^th day of September, 2003, at 7:30 p.m.

Present: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter

Absent: None

The following preamble and resolution were offered by Member Skrobola and supported by Member Burhop.

WHEREAS, there has been filed with the Township Board of Pittsfield Charter Township a petition of Dianna F. Smith, wherein, it appears that certain lands and premises described therein are located in Pittsfield Township, adjacent to the corporate limits of the City of Ann Arbor; and

WHEREAS, it appears from said petition that the said lands and premises therein described are owned solely by the petitioner herein, and that they have the recorded legal title to the total of said lands and premises; and

WHEREAS, it is the desire of Dianna F. Smith to annex said territory to the City of Ann Arbor pursuant to the provisions of Act #279 of the Public Acts of the State of Michigan for the year 1909, as amended; and

WHEREAS, from an investigation of the matters set forth in said petition, it appears to the satisfaction of Pittsfield Charter Township that the allegations therein contained are true and that the request in said petition should be granted; and

WHEREAS, it has been a policy of the Pittsfield Township Board that upon receiving a petition of request from the property owner for release of property located in Section 3, Pittsfield Township and contiguous to the City of Ann Arbor and upon receipt of certified evidence from the Clerk of the City of Ann Arbor that the City will accept said property to be annexed into the City of Ann Arbor, the Pittsfield Township Board will release said property to the City of Ann Arbor.

NOW, THEREFORE, BE IT RESOLVED, that the foregoing described lands and premises situated and being in the Township of Pittsfield are annexed to the City of Ann Arbor.

Lot 26, Walden Woods Subdivision, PittsfieldCharterTownship

Washtenaw County, Michigan, (2975 Shady Lane)

ROLL CALL VOTE:

AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter

NAYS: None

ABSENT: None

ABSTAIN: None

RESOLUTION DECLARED ADOPTED.

____________________

Christina L. Lirones, Clerk

PittsfieldCharterTownship

734-822-3120

Date: September 9, 2003

CERTIFICATION

I, Christina L. Lirones, hereby certify that the foregoing is a true and complete copy of a Resolution adopted by the Township Board of Pittsfield Charter Township, County in Washtenaw, State of Michigan, at a Regular meeting held on September 9, 2003 and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act.

______________________

Christina L. Lirones, Clerk

PittsfieldCharterTownship

DATED: September 9, 2003

PITTSFIELDCHARTERTOWNSHIP

WASHTENAW COUNTY, MICHIGAN

RES #03-51

Procedures and Guidelines to Recover Costs Associated with Extended Information Requests Subject to the Freedom of Information Act

Minutes of a Regular Meeting of the Township Board of Pittsfield Charter Township, Washtenaw County, Michigan, held at the Township Administration Building located at 6201 W. Michigan Ave., in said Township, on the 9^th day of September 2003, at 7:30 p.m.

Members Present: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter

Members Absent: None

The following preamble and resolution were offered by Member Conner and supported by Member Burhop.

Whereas, the Freedom of Information Act allows public bodies to recoup the actual costs associated with fulfilling request for information, and describes the method of calculation in Section 4, Subsection 3, and,

Whereas, the FOIA Act further states in Section 4, Subsection 3 that “A fee shall not be charged for the cost of search, examination, review, and the deletion and separation of exempt from non-exempt information… unless failure to charge a fee would result in unreasonably high costs to the public body because of the nature of the request in the particular instance, and the public body specifically identifies the nature of these unreasonably high costs. A public body shall establish and publish procedures to implement this subsection,” and

Whereas, the Pittsfield Charter Township FOIA coordinator determines costs based on current costs of materials, postage, and current wages, and charges a fee for search and review as described in Section 4, Subsection (3) if the search and review exceeds half an hour, and bases the charge on the prevailing wage of the lowest paid employee capable of retrieving the documents requested, and,

Whereas, the current fee schedule is attached,

Now, therefore be it resolved, that the Board of Trustees of Pittsfield Charter Township formally adopts the current policy and the fee schedule attached to this resolution, and authorizes the FOIA Coordinator to review and update the fee schedule as needed based on the cost of current materials, postage, and prevailing wages, and will continue to publish this or any future fee schedule as follows: By placing it on the Pittsfield Charter Township website, and by placing it at the designated posting locations in the Township, which are located at the Administration Building, Lillie Park North, Montibeller park, the Utilities Field Office, and the Community Center.

ROLL CALL VOTE:

AYES: Brostrom, Burhop, Conner, Lirones, Skrobola, Walter

NAYS: Marine

ABSENT: None

ABSTAIN: None

RESOLUTION DECLARED ADOPTED.

____________________________

Christina L. Lirones, Clerk

Pittsfield Charter Township

DATED: September 9, 2003

CERTIFICATE

I, Christina L. Lirones hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Township Board of Pittsfield Charter Township, County of Washtenaw, State of Michigan, at a Regular Meeting held on September 9, 2003, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act.

______________________

Christina L. Lirones, Clerk

Pittsfield Charter Township

DATED: September 9, 2003

For further information call 734/822-3120 Twp. Request No.___________

Extended Information Request

PittsfieldCharterTownship

Subject to the Freedom of Information Act (FOIA)

FAX to 734/944-8024 / Mail to Clerk’s Office, Pittsfield Twp, 6201 West Michigan Ave., Ann Arbor MI 48108

Request By: _________________________________________ Date Requested: ___________________

Address: ______________________________________________ Telephone: _______________(W)

_______________________________________________ Telephone: _______________(H)

If you would like us to assist you in identifying the most suitable public information available, please describe the specific purpose and nature of your project (use back if space needed). This is not required.:

Information/Records Requested; Format needed (continue on back if space needed):

How do you want to receive this information? ___Mail ___Pick it up

If the scope of this request requires more than 1/2 hour of labor, a fee will be charged for the search, examination, review, and, if appropriate, the deletion and separation of exempt from nonexempt information as provided in Section 14 of the Freedom of Information Act. This fee is being charged because the failure to do so would result in unreasonably high costs to the Township.

FOR COMPLETION BY TOWNSHIP:

Date/Time Received: ____________________________________ Need by Date:___________________

Date Fee Approved/ Deposit Received ___________ Department assigned: _________________________

Completed Date: ______________ Notified By: ___________ ( ) Phone ( ) Mail ( ) In Person ( ) Email

Delivered Date: ________________ Delivered By: ( ) Phone ( ) Fax ( ) Mail ( ) In Person ( ) Email

DUPLICATION COSTS:

(8 ½ x 11) Paper Copies @$.05 X Number of Pages _________ $______________

Computer Media @ $_______ X Number of Disks: _________ $______________

[CD@ $.08 / Floppy@$.17 / 100 MB Zip @$11.55]

Cassette Audio tapes @$.81 X Number of Tapes _________ $______________

MAILING COSTS: $.37 USPS First Oz. As per Chart Weight _______ $______________

Envelope Size/Cost: __________ $______________ $______________

Labor Costs: (If more than 1/2 hr.)

$________ per hour X Time: ______________ $______________

OTHER COSTS: $______________

TOTAL CHARGES: $______________

**************************************************************************************

To be completed at time of receipt:

Signature of Recipient: _________________________________________ Date:___________________

FOIA 9/03

PCT Form: F102

PITTSFIELDCHARTERTOWNSHIP

WASHTENAW COUNTY, MICHIGAN

Ordinance No. 258

TRAFFIC CODE

Effective Date ___________

[AN ORDINANCE FOR THE PROTECTION OF THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE UNDER THE AUTHORITY OF PUBLIC ACT 359 OF THE PUBLIC ACTS OF 1947, AS AMENDED; PROVIDING FOR THE REGULATION OF TRAFFIC AND USE OF STREETS AND HIGHWAYS UNDER PUBLIC ACT 300 OF THE PUBLIC ACTS OF 1949, THE MICHIGAN VEHICLE CODE, BEING MCL 257.1 ET SEQ.; MSA 9.1801 ET SEQ., AS AMENDED, AND PUBLIC ACT 62 OF THE PUBLIC ACTS OF 1956, AS AMENDED, (MCLA 257.951 ET SEQ.; MSA 9.2651 ET SEQ.); PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS CLAUSE; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND THE EFFECTIVE DATE HEREOF.]

THE CHARTERTOWNSHIP OF PITTSFIELD HEREBY ORDAINS:

Section 1. Title. This Ordinance shall hereafter be known as the Pittsfield Charter Township "Traffic Code".

Section 2. Traffic Code. Pittsfield Charter Township hereby adopts by reference and incorporates in this Ordinance as if fully stated herein the Michigan Vehicle Code, being MCL '257.1 et. seq.; MSA '9.1801 et. seq., as amended, and the Uniform Traffic Code for Cities, Townships and Villages ("UTC") as promulgated by the Director of the Michigan Department of State Police pursuant to the Administrative Procedures Act of 1969, P.A. 306 of 1969, being MCL '24.201 et. seq., and made effective October 30, 2002, and all future amendments and revisions to the Michigan Vehicle Code and the Uniform Traffic Code when they are promulgated and made effective in this state.

Section 3. Copies of Statues For Inspection and Purchase. Copies of the Michigan Vehicle Code and the Uniform Traffic Code as adopted herein by reference shall be kept in the office of the township clerk located at 6201 West Michigan Avenue, Ann Arbor, Michigan 48104, and shall be made available for inspection by, and distribution to, the public for a reasonable fee as determined by the clerk, which fee shall not exceed the cost for reproduction or furnishing copies of this Ordinance, the Uniform Traffic Code, the Michigan Vehicle Code, or for any parts thereof.

Section 4. Penalty. The penalties provided for in the Michigan Vehicle Code and the Uniform Traffic Code are hereby adopted and incorporated herein by reference as if fully stated.

Section 5. Repeal. All other Ordinances inconsistent with the provisions of this Ordinance are, to the extent of such inconsistencies, hereby repealed. This Ordinance specifically repeals and replaces Ordinance No(s). 141, 153, 154, 183, 215, and 243. Additionally, the Pittsfield Charter Township Vehicle Weight Limits and Motor Carrier Safety Ordinance, being Pittsfield Charter Township Ordinance No. 207 as amended by Ordinance No. 231, is repealed and replaced, except that the Motor Carrier Safety Act adopted by reference in Ordinance No. 207 as amended by Ordinance No. 231 shall be preserved and continue in full force as adopted therein.

Section 6. Savings Clause. The repeal and amendments provided herein shall not abrogate or affect any offense or act committed or done, or any penalty or forfeiture incurred, or any pending fee, assessments, litigation or prosecution, on any right established, occurring prior to the effective date hereof.

Section 7. Severability. The provisions of this Ordinance, the Michigan Vehicle Code, and the Uniform Traffic Code adopted herein by reference are hereby declared to be severable. If any clause, sentence, paragraph, section or subsection of this Ordinance or the Codes adopted herein by reference are declared void or inoperable for any reason by any court, it shall not affect any other part or portion of this Ordinance or the Codes adopted herein by reference except the part declared void or inoperable.

Section 8. Codification. Upon adoption and final publication, this Ordinance and the Codes adopted by reference herein shall be incorporated by reference into Chapter 34, Article II of the Code of Ordinances of Pittsfield Charter Township.

Section 9. Publication and Effective Date. The Township Clerk shall cause this Ordinance to be published in the manner required by law. This Ordinance shall be effective as of the date of final publication of the Ordinance.

This Ordinance was duly adopted by the Pittsfield Charter Township Board at its regular meeting called and held on the ____ day of _______________, 2003, and was ordered given publication in the manner required by law.

________________________________

Christina L. Lirones, Clerk

Pittsfield Charter Township

________________________________

James R. Walter, Supervisor

Pittsfield Charter Township

First Reading: September 9, 2003

Publication by Posting: September 15, 2003

Notice of Posting: September 18, 2003

Adoption: ____________________, 2003

Final Publication

and Effective Date: ____________________, 2003

CERTIFICATE

I, Christina Lirones, Clerk of Pittsfield Charter Township, Washtenaw County, Michigan, hereby certify that the foregoing Pittsfield Charter Township Ordinance No. 258 was duly approved and adopted by the Township Board of Trustees of the Charter Township of Pittsfield in a regular meeting of said Township Board held on ______ day of ___________, 2003.

______________________________

Christina L. Lirones, Clerk

Charter Township of Pittsfield

Dated:_______________

, 2003

STATEMENT OF PURPOSE

MICHIGAN VEHICLE CODE AND UNIFORM TRAFFIC CODE

Pittsfield Charter Township Ordinance No. 258 adopts by reference Michigan Public Act 300 of 1949, the Michigan Vehicle Code, as amended, and the Uniform Traffic Code for Cities, Townships, and Villages pursuant to Michigan Public Act 62 of 1956. The purpose of the Uniform Traffic Code is to regulate the operation of vehicles; to provide for the regulation and use of streets, highways, alleys and other public and semi-public places within the Charter Township of Pittsfield; and to provide penalties for violation of said Code. Adoption of the Uniform Traffic Code is supplemental to, and enforceable in conjunction with, provisions and requirements in the Michigan Vehicle Code. The purpose of the Michigan Vehicle Code is stated in the synopsis of the Act as follows:

Act 300 of 1949

AN ACT to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date.

By the adoption of the Michigan Vehicle Code and the Uniform Traffic Code into Pittsfield Charter Township Ordinance No. 258, Pittsfield Charter Township has the authority to locally enforce any provision of the named Codes not in conflict with its general ordinance authority under Public Act 359 of the Public Acts of 1947, as amended, being MCL '42.1 et. seq., MSA '5.46(1) et. seq.

A complete copy of the Michigan Vehicle Code and the Uniform Traffic Code are available at the office of the Pittsfield Charter Township Clerk located at 6201 West Michigan Avenue, Ann Arbor, Michigan 48104.

______________________________

Christina L. Lirones, Clerk

Charter Township of Pittsfield

Dated: ______________, 2003

Pittsfield Charter Twp, Michigan

Minutes of 09-09-03

Christina L. Lirones, Clerk