Board of Trustees Minutes
June 28, 2005
Supervisor Reaume called the meeting to order at 7:02 p.m. and led in the Pledge
of Allegiance to the Flag.
MEMBERS PRESENT:
Richard Reaume, Supervisor
Ron Edwards, Treasurer
Marilyn Massengill, Clerk
Kay Arnold, Trustee
Charles Curmi, Trustee
Robert Doroshewitz, Trustee
Steven Mann, Trustee, arrived at 7:56 p.m.
ABSENT: None
OTHERS PRESENT:
James Anulewicz, Director of Public Service
Joe Bridgman, Deputy Clerk
Mark Lewis, Chief Building Official
Randy Maycock, Fire Chief
Thomas Tiderington, Police Chief
Michael Bailey, Dietrich Bailey Associates
Timothy Cronin, Township Attorney
Alice Geletzke, Recording Secretary
24 members of the public
D. APPROVAL OF AGENDA
Regular Meeting - Tuesday, June 28, 2005
Mrs. Massengill amended the agenda by transferring Item J.9 under New Business,
Hearing Regarding the Necessity of Sidewalk Repairs, to become Item G.3 under
Public Hearings. She also transferred Item J.10 under New Business to become
Item J.9, Grant Easement to SBC to Underground its Lines on Haggerty Road. She
then moved to approve the agenda for the Board of Trustees Regular Meeting of
Tuesday, June 28, 2005, as amended. Seconded by Ms. Arnold. Ayes all, with
Trustee Mann absent.
E. CONSENT AGENDA
E.1 Approval of Minutes
Regular
Meeting - Tuesday, June 14, 2005
E.2 Approval of Township Bills
| |
|
Year 2005 |
| General Fund |
(101) |
$ 188,942.79 |
General Fund
Loan to Downtown Development Authority |
(101) |
-- |
| Water/Sewer |
(592) |
291,598.22 |
| Improvement Revolving |
(246) |
12,089.31 |
| SWD |
(226) |
85,913.59 |
| Trust and Agency |
(701) |
18,000.00 |
| Tax Pool |
(703) |
- |
| Drug Forfeiture |
(265) |
456.82 |
| Special Assessment Capital Project Fund
|
(805) |
5,903.00 |
| |
Total: |
$602,903.73 |
E.3 Approval of Easements – N/A
E.4 Communications-Resolutions-Reports
A.
Communications – N/A
B.
Resolutions – N/A
C.
Reports
May, 2005 Monthly Report, Police Department
May, 2005 Monthly Report, Fire Department
May, 2005 Monthly Report, Building Department
May, 2005 Monthly Report, Department of Public Works
Mrs. Massengill moved to approve the Consent Agenda for the Board of Trustees
Regular Meeting of Tuesday, June 28, 2005, as presented, with the exception of
Approval of the Bills as requested by Mr. Doroshewitz and Mr. Curmi. Seconded by
Ms. Arnold.
Ayes all, with Trustee Mann absent.
After discussion and clarification of the bills, Mr. Curmi moved to approve
payment of the Township bills listed in the Consent Agenda for the meeting of
Tuesday, June 28, 2005. Seconded by Ms. Arnold.
Ayes all, with Trustee Mann absent.
F. PUBLIC COMMENT AND QUESTIONS
Brian Zahn, president of the Lake Pointe Homeowners Association, asked for
help in dealing with various problems at a business located of 41486 Wilcox
Road. Concerns include early trash deposit and removal and equipment stored on
the property. Mr. Anulewicz agreed to investigate the situation in an attempt to
resolve the issues.
Don Schnettler handed out copies of “The Journal” from July 17-23, 2003. He had
questions regarding declining state-shared revenue and financial aspects of the
Police and Fire millage issue and the Township Hall.
Roy Hart pointed out a possible technicality in Ms. Arnold’s calling for the
question at the June 14, 2005, meeting with regard to Item H.1.
G. PUBLIC HEARING
G.1 Request from Plymouth Bakery
Division of Perfection Bakeries,
Inc., for a twelve year Industrial Facilities Exemption for building
improvements to an existing facility to include new machinery,
equipment, furniture and fixtures to be installed within said
facility located at 45789 Port Street, lot 88, Metro West
Industrial Park,
Subdivision #3
Resolution No. 05-06-28-20
Mark Porter, Senior Vice President of Operations, Plymouth Bakery Division of
Perfection Bakeries, Inc. addressed the Board and answered questions.
Supervisor Reaume opened the Public Hearing at 7:51 p.m.
There being no public comment, the Public Hearing was closed at 7:52 p.m.
Ms. Arnold moved to approve Resolution No. 05-06-28-20, granting the request
from Plymouth Bakery Division of Perfection Bakeries, Inc., for a twelve (12)
year Industrial Facilities Exemption Certificate covering building improvements
to an existing facility, including new machinery, equipment, furniture and
fixtures. The facility is located at 45789 Port Street, Lot 88, Metro West
Industrial Park, Plymouth Township, Wayne County, Michigan. Seconded by Mr.
Edwards.
ROLL CALL:
AYES: Arnold, Edwards, Curmi, Doroshewitz, Reaume
NAYS: Massengill
ABSENT: Mann
Motion carried.
The Resolution reads as follows:
WHEREAS, pursuant to P.A. 198 of 1974, as amended, after a
duly noticed public hearing held on May 22, 1984, the Board of Trustees of the
Charter Township of Plymouth, by resolution, established an Industrial
Development District for Metro West Industrial Park, located in Plymouth
Township, Wayne County, Michigan; and
WHEREAS, Plymouth Bakery Division of Perfection Bakeries,
Inc., filed an application on May 23, 2005, requesting a twelve (12) year, after
completion, Industrial Facilities Exemption Certificate, with respect to
building improvements to an existing facility at 45789 Port Street, including
the cost of new machinery, equipment, furniture and fixtures; and
WHEREAS, before acting on said application, the Board of
Trustees held a public hearing on Tuesday, June 28, 2005, in the Meeting Room of
the Township Hall commencing at 7:51 p.m., at which hearing the applicant, the
assessor, and representatives of the affected taxing units were given written
notice and were afforded an opportunity to be heard on said application; and
WHEREAS, improvements to the existing facility and
installation of the new machinery, equipment, furniture and fixtures within the
facility had not begun earlier than six (6) months before May 23, 2005, the date
of the acceptance of the application for the Industrial Facilities Exemption
Certificate; and
WHEREAS, improvements to the facility and installation of
said machinery, equipment, furniture and fixtures is calculated to and will, at
the time of issuance of the certificate, have the reasonable likelihood to
retain, create or prevent the loss of employment in the Charter Township of
Plymouth; and
WHEREAS, the aggregate SEV of real and personal property
exempt from ad valorem taxes within the Charter Township of Plymouth, after
granting this certificate will exceed 5% of an amount equal to the sum of the
SEV of the unit, plus the SEV of personal and real property thus exempted;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of
the Charter Township of Plymouth that:
1. The Board of Trustees finds and determines that the granting of the
Industrial Facilities Exemption Certificate, considered
together with the
aggregate amount of certificates previously granted and
currently in
force under Act No. 198 of Public Acts of 1974, as amended,
and Act
No. 255 of the Public Acts of 1978, as amended, shall not
have the
effect of substantially impeding the operation of the Charter
Township of
Plymouth, or impairing the financial soundness of a taxing
unit which
levies ad valorem property taxes in the Charter Township of
Plymouth.
2. The application of Plymouth Bakery Division of Perfection Bakeries,
Inc., for an Industrial Facilities Exemption Certificate with
respect to
the improvements to their existing facility and the addition
of new
machinery, equipment, furniture and fixtures to be acquired
and
installed on the following described parcel of real property
situated
within an Industrial Development District, to wit:
45789 Port Street
Lot 88
Metro West Industrial Park
be and the same is hereby approved.
3. The Industrial Facilities Exemption Certificate, when issued, shall be
and remain in effect for a period of twelve (12) years, after
completion,
in accordance with Township requirements and applicable
statutory
provisions found in MCL et seq.
(Trustee Mann arrived at the meeting at 7:56 p.m.)
G.2 Adoption of Beacon Estates Special Assessment
District and
Assessment
Roll
Resolution
No. 05-06-28-21
James Anulewicz, Director of Public Service, addressed the Board and answered
questions. He stated that a law suit has been filed against the Township.
Mr. Curmi indicated his wishes to charge any SAD Township legal fees back to the
SAD. The Board discussed pros and cons of doing this.
Supervisor Reaume opened the Public Hearing at 8:05 p.m.
Marika Diamond, a resident of Walnut Creek Subdivision, read a letter of
objection to her property being included in the Special Assessment District
(SAD). She felt she derived no benefit because the street in front of her
property was not in need of repair. Also among her objections was the per unit
basis of assessment. Letter attached the official minutes.
Gordon Didier, president of the Beacon Hills Homeowners Association, expressed
his support for the SAD, indicating he felt the street was in dire need of
replacement with no hope of repair by Wayne County.
Rita Furdak of Lighthouse Court was concerned whether residents would still be
in favor of the SAD if they were aware that open-ended legal fees would be
charged back to the SAD.
There being no further comment, the Public Hearing was closed at 8:22 p.m.
Mr. Edwards moved that the contract for the Beacon Estates SAD Paving Project be
conditionally awarded to Barrett Paving Materials, Inc., in the amount of
$415,934.45, subject to the thirty (30) day appeal process. Further, he moved to
approve Resolution 05-06-28-21, establishing the Beacon Estates Paving District
No. 18 and confirming the Assessment Roll as presented, subject to providing a
thirty (30) day period to permit any person having an interest in the real
property to file a written appeal of the Special Assessment with the Michigan
Tax Tribunal. Seconded by Ms. Arnold.
Ayes all on a roll call vote.
The Resolution reads as follows:
WHEREAS, the Township Board of the Township of Plymouth,
Wayne County, Michigan, after due and legal notice, has conducted a public
hearing upon a proposed assessment roll prepared by the Supervisor and Assessing
Officer of the Township for the purpose of defraying a portion of the costs of
Paving Project proposed to be installed within the Beacon Estates Special
Assessment District as shown on the plans and specifications for such project.
AND WHEREAS, such public hearing was preceded by property
notice in a newspaper of general circulation in the Township, and by First Class
Mail notice to each property owner of record within said district and upon said
assessment roll;
AND WHEREAS, comments were received from those present at
such public hearing concerning said assessment roll and opportunity to all
present to be heard in the matter;
AND WHEREAS, objections to the assessment have been filed and
the township Board has been advised by the township Attorney as to the status of
said objections;
AND WHEREAS, the oral comments received indicated the
reasonableness of the following amendments to said assessment roll, if any;
AND WHEREAS, a record of those present to protest, and of
written protests submitted at or before the public hearing was made a part of
the minutes of the hearing.
AND WHEREAS, it is the opinion of the Township Board that no
further time should be granted for the consideration of the matter because of
the time constraints in initiating this project;
AND WHEREAS, the Township Board has duly inspected the
proposed assessment roll and considered all comment and proposed amendments
thereto and has found the proposed assessment roll, as amended, to be correct,
just, and reasonable.
NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
1. The assessment roll submitted by the Supervisor of the Township shall
hereafter be designated as Beacon Estates Subdivision Special
Assessment District No. 18 and shall hereby be confirmed as
the
assessment roll for Special Assessment District No. 18.
2. The assessments made in said Beacon Estates Subdivision
Assessment Roll No. 18 shall be divided into ten (10) equal
annual
installments of principal with the first installment to be
due on or before
_____________, and the following installments to be due on or
before
the ____ day of the same month for each and every year
thereafter. All
unpaid installments prior to their transfer to the tax roll
as provided by
the Michigan Public Act 188 of 1954, as amended, shall bear
interest
payable annually on each installment due date at the rat of
eight
percent (8%) per annum, commencing on the first installment
due date
hereinafter set forth. Any payments made before such first
installment
due date shall not bear any such interest.
3. Future due installments of an assessment against any parcel of land
may be paid to the township Treasurer at any time in full
with interest
accrued through the month in which the final installment is
paid in
accordance with the Michigan Public Act 188 of 1954, as
amended. If
any installment of a special assessment is not paid when due,
then the
installment shall be considered to be delinquent and there
shall be
collected, in addition to interest as provided by this
section, a penalty
at the rate of one percent (1%) for each month or fraction of
a month
that the installment remains unpaid before being reported to
the
Township Board for assessment upon the township tax roll,
also in
accordance with said Act 188.
4. The assessments made in said special assessment roll are hereby
ordered and directed to be collected by the Township
Treasurer, and
said Treasurer with his/her warrant attached, commanding the
Treasurer to collect such assessments in accordance with the
direction of the township Board and said Public Act 188.
5. All resolutions and parts of resolutions insofar as they conflict with the
provisions of this resolution be and the same are hereby
rescinded.
The Board recessed at 8:30 p.m. and resumed the meeting at 8:40 p.m.
G.3 Hearing Regarding the Necessity of Sidewalk
Repairs
Resolution
No. 05-06-28-23
Michael Bailey, Township Engineer, addressed the Board and answered questions.
Supervisor Reaume opened the Public Hearing at 8:45 p.m.
There being no public comment, the Public Hearing was closed at 8:46 p.m.
Mr. Edwards moved to approve Resolution No. 05-06-28-23, finding that the
abutting property owners were notified, a public hearing was held, and the
described sidewalk repair(s) are necessary for the public safety and as provided
in Public Act 80 of 1989 and the Township Sidewalk Ordinance. Seconded by Mrs.
Massengill.
Ayes all on a roll call vote.
The Resolution reads as follows:
WHEREAS, the Michigan Supreme Court rules that townships must take
the action necessary to ensure that sidewalks in the township are maintained and
reasonably safe for pedestrian travel; and
WHEREAS, Public Act 80 of the Public Acts of 1989 provides that the
township board may, be resolution, require the owners of lots or parcels to
replace or repair sidewalks where the condition of the sidewalk necessitates
replacement or repair for public health, safety and welfare; and
WHEREAS, Public Act 80 of the Public Acts of 1989 provides that
notice shall be given to affected property owners and a hearing shall be
conducted prior to the adoption of a resolution requiring replacement or repair
of sidewalks; and
WHEREAS, the Township has adopted a Sidewalk Repair Program and the
Sidewalk Repair Program specifically provides that sidewalks shall be inspected
pursuant to the Administrative Guide adopted as part of that program; and
WHEREAS, the Township Engineer has conducted such inspections and
has marked certain sidewalks as being in need of repair consistent with the
Sidewalk Repair Program; and
WHEREAS, the affected property owners have been given notice that
these sections or flags of sidewalk need to be paired or replaced consistent
with the Sidewalk Repair Program; and
WHEREAS, the affected property owners have been given notice of
this public hearing whereat this Township Board shall decide upon the necessity
of the sidewalk repairs as provided in public Act 80 of 1989, the Township
Sidewalk Ordinance and the Township Sidewalk Repair Program; and
WHEREAS, attached pleased find a list (available in the Clerk’s
office for public perusal) showing the square feet of sidewalk for the named
lots or parcels which are identified by the Township Engineer as being in need
of repair (Exhibit “A”) as provided in the Township Sidewalk Administrative
Guide; and
WHEREAS, it is the recommendation of the Township Engineer that
those flags and sections of sidewalk which have been marked consistent with the
Sidewalk Repair Program are in need of repair; and
WHEREAS, it is the intent of this body to find that the marked
sections of sidewalk identified on Exhibit “A" are in need of repair for public
health, safety and welfare purposes.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Trustees of the
Charter Township of Plymouth hereby resolves that the owners of lots or parcels
described on Exhibit “A” shall replace or repair the flags duly marked by the
Township Engineer consistent with the Sidewalk Repair Program and further be it
resolved that the Township shall replace ore repair those portions of sidewalk
upon the property owner’s failure or neglect to replace or repair said sidewalk
sections or flags and, further, the Treasurer is directed to assess the
Township’s cost for replacement or repair of the sidewalk against the property
involved, payable over a five (5) year period; such repair or replacement shall
be according to the Construction Standards and according to the Sidewalk Repair
Program Administrative Guide previously adopted by this body, all as provided by
Public Act 80 of the Public Acts of 1989.
H. COMMUNITY DEVELOPMENT – N/A
I. UNFINISHED BUSINESS
I.1 New Township Hall Update
Jack Michael of DeMattia Group presented handouts and discussed the Project
Status Report of June 28, 2005, for the Plymouth Township Municipal Complex.
Supervisor Reaume updated Board members on the donation of some material, labor,
and installation for two fixed stationary cameras and one panoramic camera for
the security system to be installed at the new Township Hall site.
Mr. Edwards moved to purchase the security system equipment from ASC Security
Systems, in the amount of $5,227.47. Seconded by Ms. Arnold.
Ayes all.
J. NEW BUSINESS
J.1 Bid Approval for Miscellaneous Steel
and Stairs – New Township
Hall Site
Jack Michael of DeMattia Group explained the bids sought and received, and their
recommendation for the contract awards.
Mr. Doroshewitz moved authorization to award the contract for Bid Category 3B
Misc. Steel and Stairs Work to Raven Iron Works of Livonia, Michigan, for the
amount of $56,500. Seconded by Mr. Edwards.
Ayes all.
J.2 Bid Approval for Roofing – New Township
Hall Site
Mr. Michael explained the bidding procedure and distributed color samples for
the Board to choose.
Mr. Edwards moved authorization to award the contract for Bid Category 3C
Roofing work to Bloom Roofing Systems of Ann Arbor, Michigan, for the amount of
$840,500. Seconded by Ms. Arnold.
Ayes all.
J.3 Bid Approval for Glass and Glazing Work
– New Township Hall
Site
Mr. Edwards moved authorization to award the contract for Bid Category 3F Glass
and Glazing work to Curtis Glass Co. of Troy, Michigan, for the amount of
$232,100. Seconded by Mr. Mann.
Ayes all.
J.4 Bid Approval for Gypsum Board and
Acoustical Ceilings – New
Township Hall
Site
Mr. Michael explained the difficulty in making close estimates for this type of
work. He felt rebidding would not result in lower bids and delay construction.
Mr. Edwards moved authorization to award the contract for Bid Category 3G Gypsum
board Assemblies and Acoustical Ceilings work to Central Ceiling and Partition
of Walled Lake, Michigan, for the amount of $1,171,260. Seconded by Ms. Arnold.
AYES: Edwards, Arnold, Doroshewitz, Mann, Massengill, Reaume
NAYS: Curmi
Motion carried.
J.5 PSA Jason Hayes' Request for Leave of
Absence
Police Chief Tiderington addressed the Board and answered questions.
Mr. Curmi moved to approve the Leave of Absence for PSA Jason Hayes, which will
begin on July 30, 2005, and end on November 21, 2005. Seconded by Ms. Arnold.
Ayes all.
J.6 Approve 1st reading of proposed Dog, Kennel and
Animal
Ordinance
Ordinance No.
C-05-05
Township Attorney Cronin addressed the Board and answered questions.
Following a lengthy discussion concerning Items J.6 and J.7, Mr. Mann suggested
that proposed policy and ordinance changes be brought to a work session before
these items are drafted.
Mr. Curmi moved to postpone indefinitely the proposed Dog, Kennel and Animal
Ordinance, Ordinance No. C-05-05. Seconded by Mr. Edwards.
Ayes all.
J.7 Approve 1st reading of proposed
Dangerous or Vicious Animals
Ordinance
Ordinance No.
C-05-06
Mr. Curmi moved to postpone indefinitely the proposed Dangerous or Vicious
Animals Ordinance, Ordinance No. C-05-06. Seconded by Mr. Edwards.
AYES: Curmi, Edwards, Arnold, Doroshewitz, Mann, Massengill
NAYS: Reaume
Motion carried.
J.8 Charter Township of Plymouth 2005
Recreation and Open Space
Plan
Resolution No. 05-06-28-22
Mr. Anulewicz addressed the Board, explaining the purpose and need for a
Recreation and Open Space Plan for the Township.
Mrs. Massengill moved to approve Resolution No. 05-06-28-22 adopting the 2005
Recreation and Open Space Plan for the Charter Township of Plymouth. Seconded by
Mr. Curmi.
Ayes all on a roll call vote.
The Resolution reads as follows:
WHEREAS, development of adequate parks, recreation resources
and open spaces requires a firm plan of action based on a combination of expert
advice, community input, analysis of the needs and desires of the population,
and the opportunity to budget necessary funding and apply for available grants;
and
WHEREAS, the Charter Township of Plymouth has prepared the
2005 Recreation and Open Space Plan, which includes all of the elements cited
above; and
WHEREAS, the plan meets the requirements of the Michigan
Department of Natural Resources (MDNR), thereby making the Township eligible for
State and Federal recreation grants administered by the MDNR; and
WHEREAS, the public was invited early in this process (early
April 2005) to give the Township input regarding what they think is working and
not working in the area of recreation. Input was also requested regarding what
activities they think are missing that should be brought into the community; and
WHEREAS, a public hearing was conducted on Wednesday, June 1,
2005, at Plymouth Township Hall where public input was received; and
WHEREAS, having reviewed the plan, the Charter township of
Plymouth Board of Trustees has determined that the plan is effective in
addressing the recreation and open space needs of the community.
NOW, THEREFORE, BE IT RESOLVED, that the Charter Township of
Plymouth Board of Trustees adopts the 2005 Recreation and Open Space Plan.
J.9 Grant easement to SBC to underground
its lines on Haggerty Rd.
Township Attorney Cronin and Township Engineer Bailey addressed the Board and
answered questions.
Mr. Edwards moved to approve the easement for SBC, conditional on the approval
of Dietrich Bailey Associates, to underground its lines parallel to Haggerty
Road on the new Township Hall property, and authorize the Supervisor and Clerk
to execute same. Seconded by Ms. Arnold.
Ayes all.
K. SUPERVISOR COMMENTS
Supervisor Reaume updated the Board regarding the proposed water tower and
the transfer of land for it.
He commented on the colorful benches place in areas throughout the Township and
City, a program sponsored by the Community Arts Council and reminded Board
Members of the July 4th parade and the Plymouth Township picnic held at Township
Park.
He noted the request by the City of Plymouth Recreation Soccer League for
turning the play at the Lake Pointe Soccer Fields to allow replanting of grass
on the goal areas of the larger fields and to allow more use of the fields.
Mr. Edwards explained his objections to this, including detrimental effects to
the fields and the lack of parking. Ms. Arnold agreed stating that a lot of
study went into constructing the soccer fields.
Mr. Mann thought this request should be investigated and possibly tried with one
field.
Supervisor Reaume indicated the CSX roundhouse property came up again at the
Joint Services meeting. The City of Plymouth asked for a counter-proposal.
Mr. Doroshewitz suggested a counter-proposal as a percentage of units in the
Township, such as the one-third suggested by Mr. Edwards.
Mr. Edwards felt another proposal should come from the City.
Mr. Doroshewitz felt there should be a response to the City that we expect them
to make the counter-proposal.
Supervisor Reaume mentioned that MMRMA is attempting to recover the cost of
frivolous lawsuits, forthcoming Voice-over Internet Protocol 911 service, and
the donation of a vacant building by a resident for on-site police and fire
training.
L. TRUSTEE COMMENTS
Ms. Arnold commented on the grass being cut too short in Miller Park and
other areas.
Mr. Edwards explained the tax shift of the County operating millage from the
winter tax bills to the summer tax bills for the next three years. Coupled with
the school debt millage passed last fall (.4 mills) now being collected in
summer with an additional .33 mills, this results in an approximate 20% increase
in the summer tax bills.
He also mentioned various activities planned for the 4th of July picnic which
begins at 11:00 a.m.
Mrs. Massengill commented she has received a large amount of absentee ballot
applications for the August 2 election. She was informed by the printer that the
ballots should be available next week.
M. PUBLIC COMMENT – There was none.
N. ADJOURN
Mrs. Massengill moved to adjourn the meeting. Seconded by Ms. Arnold. Ayes
all.
Meeting adjourned at 11:04 p.m.
__________________________
Marilyn Massengill, Clerk
Charter Township of Plymouth
PLEASE TAKE NOTE; The Charter Township of Plymouth will provide necessary
reasonable auxiliary aids and services, such as signers for the hearing impaired
and audio tapes of printed materials being considered at all Township Meetings,
to individuals with disabilities at the Meetings/Hearings upon two weeks notice
to the Charter Township of Plymouth by writing or calling the following: Human
Resource Office, 42350 Ann Arbor Road, Plymouth, MI 48170.
Phone number (734) 354-3202 TDD units: 1-800-649-3777 (Michigan Relay Services)
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