HomeMy WebLinkAboutInterlocal Agreements - 2010.12.09 - 5628Ruth Johnson
Oakland County Clerk/Register of Deeds
www.oakgov.com/clerkrod
________________________________________________________________________
Administrative Offices Elections Division Legal & Vital Records Register of Deeds Office
1200 N Telegraph, Dept 415 1200 N Telegraph, Dept 417 1200 N Telegraph, Dept 413 1200 N Telegraph, Dept 480
Pontiac MI 48341-0415 Pontiac MI 48341-0417 Pontiac MI 48341-0413 Pontiac MI 48341-0480
(248) 858-0560 (248) 858-0564 (248) 858-0581 (248) 858-0605
clerk@oakgov.com elections@oakgov.com clerklegal@oakgov.com deeds@oakgov.com
December 29, 2010
Michigan Department of State
Office of the Great Seal
108 South Washington Square, Suite 1
Lansing, MI 48918
Dear Office of the Great Seal:
On December 9, 2010, the Board of Commissioners for Oakland County entered into an agreement per MR
#10336 – Sheriff’s Office – Standard Law Enforcement Services Agreement with the Charter Township of
Springfield, January 1, 2011 – December 31, 2011.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the
Charter Township of Springfield and the authorizing Board of Commissioners Resolution are enclosed for filing
by your office.
Send confirmation of receipt of this agreement to:
Mr. Joseph Rozell, Director of Elections
Oakland County Clerk/Register of Deeds
County Service Center, Building #12 East
1200 N. Telegraph Rd.
Pontiac, MI 48341
(Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing
purposes.)
Contact our office at (248) 858-0564 if you have any questions regarding this matter.
Sincerely,
COUNTY OF OAKLAND
Joseph J. Rozell
Director of Elections
Cc: Pat Davis, Corporation Counsel, Oakland County
Dale Cunningham, Business Manager, Oakland County Sheriff’s Department
Laura Moreau, Charter Township of Springfield Clerk
Enclosures
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Township of Springfield Laura Moreau, Clerk
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Call to Order: Supervisor Trout called the December 9, 2010 Regular Meeting of the
Springfield Township Board to order at 7:30 pm at the Springfield Township Civic Center,
12000 Davisburg Road, Davisburg, MI 48350.
Pledge of Allegiance
Roll Call:
Board Members Present
Laura Moreau Township Clerk
Jamie Dubre Township Treasurer
Judy Hensler Township Trustee
David Hopper Township Trustee
Roger Lamont Township Trustee
Mike Trout Township Supervisor
Dennis Vallad Township Trustee
Board Members Not Present
None
Others Present
Greg Need Township Attorney
Mike Forst Property Manager
Charles Oaks Township Fire Chief
Jennifer Tucker Township Parks & Recreation Director
Agenda Additions & Changes:
Clerk Moreau added New Business #15 – New Liquor Control Laws discussion. There
were no objections.
Public Comment:
None
Consent Agenda:
Clerk Moreau asked that a check to Mike Trout for gas reimbursement that was included in
the November 11, 2010 Additional Disbursements be approved as part of the November
11, 2010 Regular Meeting minutes. The check was cut but was held for approval at
tonight’s Board meeting, a notation will be made to reflect this. There were no objections.
* Trustee Lamont moved to approve the Consent Agenda as amended.
Trustee Vallad supported the motion. Vote on the motion. Yes: Dubre,
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Hensler, Hopper, Lamont, Moreau, Trout, and Vallad; No: None;
Absent: None. The motion carried by a 7 to 0 vote.
a) Approval of Minutes: November 8, 2010 Special Workshop
Meeting and November 11, 2010 Regular Meeting with bills
and additional disbursements of $55,497.00
b) Acceptance of November Treasurer’s Report
c) Receipt of November 2010 Reports: Building Electrical,
Plumbing, Mechanical, Ordinance, Police, Fire and IT
d) Authorize payment of bills as presented, totaling
$138,088.14
e) Authorize participation in Rotary Club Flag program for
Civic Center and Davisburg Cemetery
f) Establish 2011 Township Board Meeting Dates – Second
Thursday of each month at 7:30 pm at the Springfield
Township Civic Center
g) Designate 2011 Legal Publication to the Clarkston News
h) Authorize Contribution to Andersonville Cemetery for 2010
in the amount of $3,000
Public Hearing:
1. 2011 Budget
Supervisor Trout opened the 2011 Budget public hearing at 7:34 pm.
Nancy Strole, 11990 Davisburg Rd., clarified that under the Supervisor’s Cost Center
staffing is going to be increased from 2 part-time positions to 1 fulltime position and 1
part-time position. Supervisor Trout responded, yes. She also asked for clarification on
how the part-time staff member, who will be shared among different cost centers, will be
monitored so as not to go over the allotted hours. Supervisor Trout said the staff member
will provide a timesheet which he will oversee.
Hearing no other comments or written correspondence, Supervisor Trout closed the public
hearing at 7:38 pm.
Old Business:
1. Second Reading: Amendment to Ordinance No. 42
Supervisor Trout noted the amendment is to address the issue of firearms in Township
parks to follow State law.
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* Treasurer Dubre moved to adopt Amendment to Ordinance No. 42 as
published, said amendment to take affect seven (7) days after
publication of Notice of Adoption. Trustee Hopper supported the
motion. Vote on the motion. Yes: Dubre, Hensler, Hopper, Lamont,
Moreau, Trout, and Vallad; No: None; Absent: None. The motion
carried by a 7 to 0 vote.
2. Medical Marijuana
Attorney Need provided a resolution in regard to placing a moratorium on medical
marijuana approvals and facilities. He also provided sample ordinances for further
investigation however the recommendation at this time is to adopt the resolution. Attorney
Need noted a lawsuit that was filed on December 1, 2010 and agreed to e-mail the decision
to the Trustees.
* Trustee Hopper moved to adopt the resolution as presented. Trustee
Vallad supported the motion. Vote on the motion. Yes: Dubre,
Hensler, Hopper, Lamont, Moreau, Trout, and Vallad; No: None;
Absent: None. The motion carried by a 7 to 0 vote.
New Business:
1. Proposed 2011 Budget
Treasurer Dubre noted that in order to set money aside in General Fund sub funds (ie.
Road Fund and Civic Center Fund) it needs to be done by authorizing the Treasurer to
move the funds ($25,000 each) after the first of the year rather than doing it as a General
Fund Transfer Out. She explained that doing it as a Transfer Out would mean the money
has been spent. She said she will add this adjustment to the January agenda and a new sub
fund, Building and Equipment, will need to established. She further noted this type of
transfer will show up on the Balance Sheet and Treasurer’s Report and not on the Budget
Report.
Clerk Moreau commented there is a need to hold special elections in 2011, potentially in
May and August of 2011, to fill the position vacated by Bill Bullard. She doesn’t have all
the costs yet but wanted to let the Board know there will be a budget amendment in early
2011.
* Treasurer Dubre moved to adopt the 2011 General Fund Budget with
revenues at $1,781,300.00 and expenses at $1,777,050.00. Trustee
Vallad supported the motion. Vote on the motion. Yes: Dubre,
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Hensler, Hopper, Lamont, Moreau, and Vallad; No: Trout; Absent:
None. The motion carried by a 6 to 1 vote.
* Treasurer Dubre moved to adopt the 2011 Fire Fund Budget with
revenues at $765,165.00 and expenses at $730,565.00. Trustee Hopper
supported the motion. Vote on the motion. Yes: Dubre, Hensler,
Hopper, Lamont, Moreau, Trout, and Vallad; No: None; Absent: None.
The motion carried by a 7 to 0 vote.
* Treasurer Dubre moved to adopt the 2011 Police Fund Budget with
revenues at $1,559,500.00 and expenses at $1,559,200.00. Trustee
Hopper supported the motion. Vote on the motion. Yes: Dubre,
Hensler, Hopper, Lamont, Moreau, Trout, and Vallad; No: None;
Absent: None. The motion carried by a 7 to 0 vote.
* Treasurer Dubre moved to adopt the 2011 Cemetery Fund Budget with
revenues at $700.00 and expenses at $0. Trustee Hopper supported the
motion. Vote on the motion. Yes: Dubre, Hensler, Hopper, Lamont,
Moreau, Trout, and Vallad; No: None; Absent: None. The motion
carried by a 7 to 0 vote.
* Treasurer Dubre moved to adopt the 2011 Parks & Recreation Fund
Budget with revenues and expenses at $670,656.00. Trustee Vallad
supported the motion. Vote on the motion. Yes: Dubre, Hensler,
Hopper, Lamont, Moreau, and Vallad; No: Trout; Absent: None. The
motion carried by a 6 to 1 vote.
* Treasurer Dubre moved to adopt the 2011 Lake Improvement Fund
Budget with revenues and expenses at $299,000.00. Trustee Hopper
supported the motion. Vote on the motion. Yes: Dubre, Hensler,
Hopper, Lamont, Moreau, Trout, and Vallad; No: None; Absent: None.
The motion carried by a 7 to 0 vote.
* Treasurer Dubre moved to adopt the 2011 Softwater Lake
Improvement Fund Budget with revenues and expenses at $15,000.00.
Trustee Vallad supported the motion. Vote on the motion. Yes: Dubre,
Hensler, Hopper, Lamont, Moreau, Trout, and Vallad; No: None;
Absent: None. The motion carried by a 7 to 0 vote.
* Treasurer Dubre moved to adopt the 2011 Cable Fund Budget with
revenues at $125,000.00 and expenses at $122,450.00. Trustee Vallad
supported the motion. Vote on the motion. Yes: Dubre, Hensler,
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Hopper, Lamont, Moreau, Trout, and Vallad; No: None; Absent: None.
The motion carried by a 7 to 0 vote.
* Treasurer Dubre moved to adopt the 2011 Building Department Fund
Budget with revenues at $65,350.00 and expenses at $64,950.00.
Trustee Vallad supported the motion. Vote on the motion. Yes: Dubre,
Hensler, Hopper, Lamont, Moreau, Trout, and Vallad; No: None;
Absent: None. The motion carried by a 7 to 0 vote.
* Treasurer Dubre moved to adopt the 2011 Civic Center Debt Fund
Budget with revenues at $376,000.00 and expenses at $374,000.00.
Trustee Hopper supported the motion. Vote on the motion. Yes:
Dubre, Hensler, Hopper, Lamont, Moreau, Trout, and Vallad; No:
None; Absent: None. The motion carried by a 7 to 0 vote.
* Treasurer Dubre moved to adopt the 2011 Softwater Sewer (SAD)
Fund Budget with revenues and expenses at $130,000.00. Trustee
Vallad supported the motion. Vote on the motion. Yes: Dubre,
Hensler, Hopper, Lamont, Moreau, Trout, and Vallad; No: None;
Absent: None. The motion carried by a 7 to 0 vote.
2. Farmers Market Discussion
Treasurer Dubre informed the Board of the meeting she recently attended along with
Trustee Hopper to discuss possible locations for the farmers market. It had been
mentioned to have it at the lumberyard or at the Shiawassee. Treasurer Dubre’s memo
dated November 19, 2010 outlined her and Trustee Hopper’s opinion that Shiawassee
would be better suited because of the parking and restroom availability and it would be one
more use for this facility. She is bringing this before the Board for their input.
Trustee Hopper concurred with Treasurer Dubre’s memo. A farmers market would e a
good use for the multipurpose building and a way to add visibility to the park.
Trustee Vallad commented that traffic maneuvering also needs to be considered and agreed
with Treasurer Dubre’s and Trustee Hopper’s analysis.
The rest of the Board concurred and it was decided no action was necessary, to let Parks
move forward as they would with any other program.
3. Bids for Annual Financial and Compliance Audit
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Clerk Moreau and Treasurer Dubre along with their Deputies reviewed the bids at length
and supplied the Board with a memo detailing those bids. It was their opinion they are
very satisfied and recommend the Board stay with Pfeffer, Hanniford, and Palka. The
Township has been with this firm for six years, they have been very responsive, easy to
work with, and ready to assist the Township. They have spoken with other Township
departments who have also been very happy with their work. They are asking the Board to
accept their proposal and contract for years 2010, 2011, and 2012.
Treasurer Dubre noted Mr. Palka has made himself available to the Township yet is not
under contract for this calendar year, he has been out numerous times since the audit has
been complete on other matters.
Supervisor Trout noted he has worked with some of the other companies that submitted
proposals however has been very pleased with what Pfeffer, Hanniford, and Palka has
provided, they are very thorough. He agrees and concurs with the recommendation.
Mr. Ken Palka was present and commented he appreciates having Springfield Township as
a client, they are great to work with and take his recommendations seriously. He asked the
Board if they had any questions.
Trustee Vallad also thanked Mr. Palka for the last 6 years of service. The company’s work
has been excellent and they are very cooperative.
* Treasurer Dubre moved that the Township approve Pfeffer,
Hanniford, and Palka for auditing services for fiscal years 2010, 2011,
and 2012 at a rate of $19,800.00 per year. Clerk Moreau supported the
motion. Vote on the motion. Yes: Dubre, Hensler, Hopper, Lamont,
Moreau, Trout, and Vallad; No: None; Absent: None. The motion
carried by a 7 to 0 vote.
4. Bids for Professional Services
Supervisor Trout noted the Township went out for bids for engineering, legal, and planning
services. It was his opinion the submittals were well done and was pleased with the
response they got. Per the review in his memo, it confirmed the Township’s current
service providers are among the best and recommends continuing their agreements -
Carlisle Wortman for planning services, Adkison, Need & Allen for legal services, and
Hubbell, Roth & Clark for engineering services. He commented it is good business
practice to go out for bids from time to time and as with the audit, it is not always the
lowest cost bid that is in the interest of the Township, there are a lot of factors that need to
be considered.
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Trustee Lamont agreed, he commented the bid comparison outline was very thorough and
efficient and concurred the current providers are very professional, provide good advice,
and are familiar with the Township’s needs.
* Trustee Lamont moved that Springfield Township continue its
agreements with Carlisle Wortman for planning services; Adkison,
Need & Allen for legal services; and Hubbell, Roth & Clark for
engineering services at the rates shown in their respective proposals
received on November 15, 2010 and for the services detailed within
those proposals. Trustee Vallad supported the motion. Roll call vote
on the motion. Yes: Dubre, Hensler, Hopper, Lamont, Moreau, Trout,
and Vallad; No: None; Absent: None. The motion carried by a 7 to 0
vote.
It was noted the agreements would be year to year however it is not necessary for the
Township to go out every year for new bids. Each provider knows to send revised rate
sheets if there are any changes.
Trustee Lamont added that many of the Township’s service providers have held the line
with their prices for a number of years with the economy the way it is.
5. Sheriff’s Department Contract
Supervisor Trout clarified that Attorney Need reviewed the contract. Attorney Need
commented it is essentially the same as last year’s with some identification changes. He
has put in an inquiry to the insurance carrier and should hear back from them shortly.
It was Supervisor Trout’s opinion the Sheriff’s Department provides the Township with
terrific service and believes the “no fill” contract is working out. This approach is working
for the Township and sees no reason not to approve it
* Trustee Vallad moved to authorize the Supervisor to execute the 2011
Sheriff’s Department Patrol Services contract upon concurrence of the
Township Attorney. Trustee Lamont supported the motion. Roll call
vote on the motion. Yes: Dubre, Hensler, Hopper, Lamont, Moreau,
Trout, and Vallad; No: None; Absent: None. The motion carried by a 7
to 0 vote.
6. EECBG Bids
Property Manager Mike Forst commented he has been receiving the bids sporadically and
provided a memo dated December 6, 2010 showing a breakdown of costs. The overall
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amount for the EECBG project is $75,000.00 which was approved ($67,740.00 was
actually allocated). He has now received bids for everything except for Hart Center
building envelop items (doors, windows, and insulation). The Township should be able to
move forward with lighting and systems work. He also pointed the building envelope
items will probably put the project over budget so once those bids are received the items
will have to be narrowed down so to only spend the money the Township has.
The Board discussed the fact the contractors have asked the Township to waive the permit
fees. Treasurer Dubre was concerned that a portion of those fees are used to pay the
inspectors so if they are waived, the Township will have to foot the bill. Property Manager
Forst noted the bids were based on the fees being waived. If Board approves going
forward with what it has, some of the project costs may need to be scaled back – paying
the inspectors will be expending money out of the Building Fund which continues to have
less revenue coming in.
The majority of the Board was not opposed to waiving the fees but want to know what it is
going to cost the Township – basically they are looking at mechanical and electrical
permits.
Because of grant deadlines, Supervisor Trout suggested moving forward and he will bring
back to the Board a total cost for the permit fees for the work being started.
The Board agreed they need to move forward.
* Clerk Morea moved to authorize the Township Supervisor to
carry out and complete the energy efficiency projects based on
the proposals and projects outlined with the input and
recommendation from the Fire Chief and Parks Director based
on the grant funding available totaling $64,594.21 and further to
authorize the Supervisor to waive any permit fees to complete
the grant projects. Trustee Lamont supported the motion.
Clerk Moreau amended the motion changing the totaling
amount to $54,540.00. Trustee Lamont re-supported. Roll call
vote on the motion. Yes: Dubre, Hensler, Hopper, Lamont,
Moreau, Trout, and Vallad; No: None; Absent: None. The
motion carried by a 7 to 0 vote.
7. Liquor License Transfer Request: Huron Clinton Metropolitan Authority
Clerk Moreau noted this was moved from the November agenda due to additional
information received from John Carlin the attorney representing Huron Clinton
Metropolitan Authority. He indicated several other permits were applied for in addition to
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the transfer classification from a Tavern license to a Class C license. Indian Springs would
also like to provide outside service possibly increasing the number of bars they have.
Clerk Moreau commented however the Township does not have any authority over any of
the other permit requests. Indian Springs is requesting that an addition to serving beer and
wine, they would like to serve liquor at their Environmental Discovery Center. The Board
needs to decide if it wants to authorize by resolution the transfer classification.
Trustee Lamont clarified this change would not affect any of the liquor licenses the
Township has available. Clerk Moreau responded that is correct, this is one on-premise
license to another and will not reduce the number the Township has available.
Trustee Hopper asked for clarification regarding the attorney’s letter, was the golf course
asking to serve spirits in locations other than at the Environmental Education Center?
Clerk Moreau and Attorney Need concurred they are not.
* Trustee Lamont moved to adopt the resolution for the liquor
license transfer request for the Huron Clinton Metropolitan
Authority as outlined in the December 2, 2011 memo presented
by Clerk Laura Moreau. Trustee Vallad supported. Roll call
vote on the motion. Yes: Dubre, Hensler, Hopper, Lamont,
Moreau, Trout, and Vallad; No: None; Absent: None. The
motion carried by a 7 to 0 vote.
8. Healthcare Coverage Options
Supervisor Trout commented the new coverage options have been discussed with
employees and amongst the Board. He thanked Treasurer Dubre for explaining the plans
to the staff on how this will save the Township money and still not require them to
contribute. Supervisor Trout feels the Township benefits are still very competitive and is
offering a decent plan, this is worthy of moving forward.
* Supervisor Trout moved to offer the HMO plan BCN 10 to the
employees and retirees and to authorize the Supervisor to
execute the documents to implement the plan with an effective
date of January 15, 2011. Trustee Hopper supported. Roll call
vote on the motion. Yes: Dubre, Hensler, Hopper, Lamont,
Moreau, Trout, and Vallad; No: None; Absent: None. The
motion carried by a 7 to 0 vote.
9. 2011 Salaries
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Supervisor Trout noted in the packet was a breakdown of salaries for current employees.
There was only one status change, which was in the Supervisor’s department, from a part-
time to fulltime Supervisor’s Assistant.
* Clerk Moreau moved to change the Supervisor’s Administrative
Assistant position from part-time at an hourly rate of $14.50 to
full-time beginning January 1, 2011 at a salary of $30,300.00.
Trustee Lamont supported. Roll call vote on the motion. Yes:
Dubre, Hensler, Hopper, Lamont, Moreau, Trout, and Vallad;
No: None; Absent: None. The motion carried by a 7 to 0 vote.
* Clerk Moreau moved that all 2011 salaries under the
jurisdiction of the Township Board with exception of the
Supervisor’s Administrative Assistant remain the same as 2010.
Trustee Lamont supported. Roll call vote on the motion. Yes:
Dubre, Hensler, Hopper, Lamont, Moreau, Trout, and Vallad;
No: None; Absent: None. The motion carried by a 7 to 0 vote.
* Treasurer Dubre moved that the elected officials’ salaries
remain the same for 2011 with the Supervisor’s salary set at
$63,800.00; the Clerk at $54,700.00; the Treasurer at
$54,700.00; and the Trustees’ salary at $1,200.00 per year and a
$100.00 per meeting. Trustee Lamont supported. Roll call vote
on the motion. Yes: Dubre, Hensler, Hopper, Lamont, Moreau,
Trout, and Vallad; No: None; Absent: None. The motion
carried by a 7 to 0 vote.
10. 2010 Budget amendments
Supervisor Trout noted the various budget amendments as well as an attached spreadsheet.
The majority are adjustments to bring the various cost centers into agreement.
Trustee Vallad questioned the General Fund’s Plan Review Fees. Treasurer Dubre
explained the Township did being in approximately $2,500.00 in November from an
AT&T site plan. The issue is a corresponding expenditure and line item matter. No
additional action is needed.
Clerk Moreau asked to change the budget reducing chloride by $11,900.00 due to the
Metro Acts projects and that $11,842.76 has come in for right-of-way fees. She noted a
journal entry has already been made for this but wants the budget to reflect it as well for
tracking purposes. This will not change the General Fund’s Public Works Cost Center so
revenues and expenditures will stay the same as noted in the memo.
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* Trustee Vallad moved the following year end budget
amendments to the General Fund Revenues increase $30,350.00
from $2,211,900.00 to $2,242,250.00 and Expenses increase
$29,250.00 from $2,210,700.00 to $2,239,950.00. Trustee Hopper
supported. Roll call vote on the motion. Yes: Dubre, Hensler,
Hopper, Lamont, Moreau, Trout, and Vallad; No: None;
Absent: None. The motion carried by a 7 to 0 vote.
* Trustee Vallad moved the following year end budget
amendments to the Fire Fund Revenues decrease $36,500.00
from $1,035,750.00 to $999,250.00 and Expenses decrease
$35,150.00 from $1,032,650.00 to $997,500.00. Trustee Hopper
supported. Roll call vote on the motion. Yes: Dubre, Hensler,
Hopper, Lamont, Moreau, Trout, and Vallad; No: None;
Absent: None. The motion carried by a 7 to 0 vote.
* Trustee Vallad moved the following year end budget
amendments to the Police Fund Revenues increase $15,600.00
from $1,529,200.00 to $1,544,800.00 and Expenses increase
$3,600.00 from $1,529,200.00 to $1,532,800.00. Trustee Hopper
supported. Roll call vote on the motion. Yes: Dubre, Hensler,
Hopper, Lamont, Moreau, Trout, and Vallad; No: None;
Absent: None. The motion carried by a 7 to 0 vote.
* Trustee Vallad moved the following year end budget
amendments to the Cable Fund Revenues increase $3,000.00
from $63,000.00 to $66,000.00 and Expenses increase $3,500.00
from $41,000.00 to $44,500.00. Trustee Hopper supported. Roll
call vote on the motion. Yes: Dubre, Hensler, Hopper, Lamont,
Moreau, Trout, and Vallad; No: None; Absent: None. The
motion carried by a 7 to 0 vote.
* Trustee Vallad moved the following year end budget
amendments to the Building Fund Revenues increase $12,000.00
from $72,850.00 to $84,850.00 and Expenses no change at
$64,350.00. Trustee Hopper supported. Roll call vote on the
motion. Yes: Dubre, Hensler, Hopper, Lamont, Moreau, Trout,
and Vallad; No: None; Absent: None. The motion carried by a 7
to 0 vote.
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* Trustee Vallad moved the following year end budget
amendments to the Park Fund Budget: Revenues unchanged;
Expenditures - increase Commission Personnel Cost Center by
$1,000.00 (new line item total $4,092.00); increase
Programs/Events Instructors Cost Center by $4,000.00 (new line
item total $8,000.00; and to decrease the Administration
Personnel Cost Center by $5,000.00 (decrease Hospitalization
line item #211-759-720 by $5,000.00 new line time total
$29,275.00; subject to approved amendment at the next Parks
Commission meeting; also to add the Expenditure total is
unchanged at $564,873.00. Trustee Hopper supported. Roll call
vote on the motion. Yes: Dubre, Hensler, Hopper, Lamont,
Moreau, Trout, and Vallad; No: None; Absent: None. The
motion carried by a 7 to 0 vote.
11. 9489 Cherrywood
Attorney Need informed the Board this property has two residential structures on it. The
ZBA granted a variance in 1994 which allowed the house to continue longer than normal
and a restriction was supposed to have been recorded which is never was on. Recently the
property went into foreclosure and the bank has a prospective buyer. The matter was taken
back before the ZBA last month and it was their opinion the original variance allowed the
structure for limited period of time and does not want to approve a restriction allowing the
situation to continue. The Board has the option to require the home to be removed or if it
chooses to allow the home to remain, Attorney Need provided a mechanism for that in his
memo dated December 2, 2010. He noted the original ZBA motion stated the variance
lasts for three years but did state what should happen after that.
The Board discussed whether they could allow the structure to remain as an accessory
building. It was determined the structure does not meet accessory building criteria and
would require a deviation to remain.
The prospective buyer, Hank ?, was present. He commented it has been difficult to get a
bank to give him a mortgage because of this situation. He is trying to get this resolved so
he can buy it before it goes up for auction. He has found a mortgage company that will
lend him the money as long as the zoning issue gets resolved. It was his opinion the bank
will not agree to tear it down.
Treasurer Dubre noted if the Township enforces it be torn down and the bank doesn’t do it,
the Township would have to do it and a lien would be placed on the property.
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The Board discussed splitting the lot. Splitting the lot would also require a variance for
road frontage and the owner of the property would have to make that request. It was
doubtful the bank would do that.
It was noted the property doesn’t look odd or out of place with the two structures. The lot
is 2 acres and the homes were built at the extreme ends of the property.
Treasurer Dubre stated she was not comfortable taking action on this with all the different
variables this presents.
Attorney Need suggested that if the Board decides not to take action, he at least records the
restriction against the property as per the ZBA motion in 1994.
The Board decided to take no action, Attorney Need will record the restriction and notify
the current property owner or bank this has taken place.
12. Contingency Snow Removal Agreement
Supervisor Trout noted a memo from Property Manager Forst regarding an emergency
back-up contractor for Township snow removal. It makes good sense for the Township to
have a contingency plan.
Property Manager Forst recommends the same contractor Parks & Recreation is using. He
clarified there is no charge to enter into the agreement and they will only be used in cases
of severe emergencies. This was the only bid he received but noted their rate was less than
what the Civic Center was charged last year for snow removal. He does have a current
copy of their insurance.
Treasurer Dubre noted there was money budgeted for snow plowing.
* Treasurer Dubre moved to authorize the Supervisor to execute
the Snow Removal Agreement as presented from North
Oakland Landscaping. Trustee Lamont supported. Roll call
vote on the motion. Yes: Dubre, Hensler, Hopper, Lamont,
Moreau, Trout, and Vallad; No: None; Absent: None. The
motion carried by a 7 to 0 vote.
13. Lumber Property Survey
Supervisor Trout commented he has been wanting to delineate the limits of the lumberyard
property and has requested quotes. The only quote received was from Kieft for a total cost
of $3,000.00.
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Property Manager Forst noted a bid was requested from another contractor, Grant Ward,
who did not respond.
* Trustee Lamont moved to authorize the Supervisor to enter into
an agreement with Kieft Engineering to complete a survey of
what is known as the lumberyard property in an amount not to
exceed $3,000.00. Trustee Vallad supported. Roll call vote on
the motion. Yes: Dubre, Hensler, Hopper, Lamont, Moreau,
Trout, and Vallad; No: None; Absent: None. The motion
carried by a 7 to 0 vote.
14. AT&T Metro Act Right of Way Permit Extension
AT&T has asked to extend the permit for three years. Attorney Hamameh has looked at
the extension and found nothing out of the ordinary. She sees no reason to object to the
extension.
* Trustee Hopper moved to approve the three (3) year AT&T
Metro Act Permit extension. Trustee Lamont supported. Roll
call vote on the motion. Yes: Dubre, Hensler, Hopper, Lamont,
Moreau, Trout, and Vallad; No: None; Absent: None. The
motion carried by a 7 to 0 vote.
15. New Liquor Control Laws discussion
Clerk Moreau sent a memo out last week dated December 2, 2011 explaining the
amendment to the Liquor Control Code for early Sunday morning sales of beer, wine, and
spirits. She noted she received an update from MTA and from the Michigan Association
of Municipal Attorneys indicating the Liquor Control Commission will allow
municipalities to submit by December 15th a resolution that would allow them to limit
early Sunday morning sales. This would be the time for the Board to express any concern
regarding this issue.
The Township has two options, of either allowing the sale of spirits all day on Sunday or
not at all. Currently have not ordinance restricting Sunday sales. sales. Added to the
agenda, one opportunity the board has if there is any concern.
The Board discussed the issue and decided it to be in the best interest of the Township to
take no action and allow licensees to apply for the permit. Clerk Moreau noted requests go
directly to the Liquor Control Commission.
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Township of Springfield Laura Moreau, Clerk
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When asked, Clerk Moreau commented the only community she was aware of that is
considering a resolution prohibiting Sunday sales is Orion Township.
The Board concurred to take no action.
Public Comment:
Supervisor Trout reminded the Board if anyone wants to go to the upcoming MTA
conference, to let him know as soon as possible.
Adjournment:
Hearing no other business, Supervisor Trout adjourned the meeting at 9:30 pm.
_______________________________
Mike Trout, Township Supervisor
______________________________
Laura Moreau, Township Clerk