HomeMy WebLinkAboutInterlocal Agreements - 2011.06.09 - 6228
July 18, 2011
Bill Bullard Jr.
Oakland County Clerk/Register of Deeds
www.oakgov.com/clerkrod
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 June 9, 2011, the Board of Commissioners for Oakland County entered into an agreement per MR #11108 – Sheriff’s Office – Marine Patrol Services Agreement in the Charter Township of Independence.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the Charter Township of Independence 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 Office Barb Pallotta, Charter Township of Independence Clerk Enclosures
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
Regular Meeting
CharterTownship of Independence
Township Board Minutes
May 17,2011
Page 1of9
REGULAR MEETING
CHARTER TOWNSHIP OF INDEPENDENCE
TOWNSHIP BOARD MINUTES
MAY 17,2011
CALLTO ORDER:
Clerk Pallotta called the meeting to order at 7:00 p.m.on Tuesday,May 17,2011 at the Independence
Township Hall,6483 Waldon Center Drive,Clarkston,Michigan.
PLEDGE OF ALLEGIANCE
93
ROLL CALL:Present:Barbara Pallotta,Clerk
Larry Rosso,Trustee
Neil Wallace,Trustee
David Lohmeier,Trustee
Absent:David Wagner,Supervisor
Curt Carson,Treasurer
Mark Petterson,Trustee
Others present:Susan Hendricks,Finance Director
Linda Richardson,DPW Director
Shannon Ozga,Esq.,Secrest I Wardle
Beth Kudla,Esq.,SecrestI Wardle
Linda Mayer,Esq.,Adkison,Need &Allen,PLLC
Rick Yaeger,Deputy Supervisor
Kenneth Elwert,Parks &Recreation Director
There was a quorum present.
Trustee Rosso indicated that Treasurer Carson is attending a Treasurers'Association conference in Mt.
Pleasant;he will be receiving his certification.He might make it to tonight's meeting later.Trustee
Petterson is working out of state.SupervisorWagner is incapacitated.
);>Trustee Lohmeier moved to appoint Trustee Rosso as Acting Chair in
Supervisor Wagner's absence.Trustee Wallace supported the motion.Vote on
the Motion:Yes:Pallotta,Wallace,Lohmeier and Rosso;No:None;Absent:
Wagner,Carson and Petterson.The motion carried by a 4 to 0 vote.
APPROVAL OF AGENDA
Trustee Wallace asked to move agenda item Number 2 from New Business to·be the first item after
Closed Session.He indicated that retired Independence Township employees will have an opportunity to
speak under Public Forum in regard to changes in their benefits.Trustee Wallace asked to strike from the
agenda under New Business Number 3,First Quarter Investment Report,as Treasurer Carson is absent.
Trustee Wallace has learned that Supervisor Wagner is back in the hospital with the same problem as
before,and has been hospitalized several times within the last month.He would like added as New
Business the establishment of a committee to study what we do about the disability of elected officials.
He'd like to discuss a disability policy committee for elected officials.
Trustee Lohmeier would like agenda item Number 2 of Unfinished Business to be moved to the fast item
after Closed Session.
);>Trustee Wallace moved to approve the Agenda,moving New Business Number
2 to be after the Closed Session,to remove from New Business Item Number 3,
and add to New Business the item of disability policy committee for elected
officials.Trustee Lohmeier supported the motion with the addition of
Unfinished Business Number 2 to be moved to the last item after Closed
Session.Trustee Wallace accepted that addition to his motion.Vote on the
Motion:Yes:Pallotta,lohmeier,Rosso and Wallace;No:None;Absent:
Wagner,Carson and Petterson.The motion carried by a 4 to 0 vote.
CLOSED SESSION:
To consider the dismissal,suspension or disciplining of...employeo,as permitted by MCL
15.268(0)
);>Clerk Pallotta moved to go into Closed Session to consider dismissal,
suspension or disciplining of ...employee,as permitted by Mel 15.268(a)at
7:06 p.m.Trustee Wallace supported the motion.Vote on the Motion:Yes:
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Township Board Minutes
May 17,2011
Page 2 of9
Lohmeier,Pallotta,Wallace and Rosso;No:None;Absent:Wagner,Carson and
Petterson.The motion carried by a 4 to 0 vote.
The Regular meeting RECONVENED at 7:33 p.m.
PUBLIC FORUM:
Public Forum opened at 7:35 p.m.
The following individuals addressed the Board:Deanna Traver and Keith Nattrass.
Public Forum closed at 7:47 p.m.
APPROVAL OF THE CONSENT AGENDA:
a)Approval of Regular Meeting Minutes of March 15,2011 and April 19,2011
b)Accounts Payable Check Run
c)Permission to extend 2nd Stage Event at DTE Music Theatre until 11 :00 p.m.
d)Sample narrative with 2012 along with an abbreviated version for 2013 and 2014
e)EECBG Project Update
Trustee Wallace asked to postpone the Regular Meeting Minutes of March 15,2011.He also asked to
remove c),d)and e),to be heard under New Business.
}--Trustee Wallace moved to approve the Consent Agenda.Trustee Lohmeier
supported the motion.Vote on the Motion:Yes: Wallace,Lohmeier,Rosso and
Pallotta;No:None;Absent:Wagner,Carson and Petterson.The motion carried
bya 4 to 0 vote.
NEW BUSINESS
2.NPDES MS4 GENERAL JURISDICTIONAL PERMIT
Beth Kudla,Esq.,Secrest I Wardle,·stated Independence Township was working under a watershed MS4
permit in 2003.In 2008,a new NPDES General Storm Water Permit was issued.In July of2008,seventy
local municipalities filed a contested case petition with the Michigan Department of Environmental Quality,
including Independence Township.In October 2009,Independence Township negotiated a revised 2008
permit to a jurisdictional permit,which focused on the Sashabaw Regional Drainage District.tn November
2010,MDEQ withdrew its 2008 General Jurisdictional and Watershed Permits,which requires
municipalities to operate under the prior 2003 permit.In April 2011,an Administrative Consent Order was
received from MDEQ,alloWing the Township to stayunder the jurisdictional permit requirements.
A Consent Order is before the Board today.Attached to it,is the obligation of the 2003 Jurisdictional
Permit for the Township to follow while the issuance of a new permit is pending.The new permit should
be issued within about 18 months.Ms.Kudla stated that beyond pointing out that these issues are still in
litigation,there is no objection to the Township entering into the Consent Order with the understanding
that these issues are still being contested by other communities.
Trustee Wallace asked if the litigants are successful in their litigation,can we ride on their coattails or will
we be bound by the Consent Order?Ms.Kudla said if they are successful,the State would be required to
fund the permits for aU the communities in the program.
:>Trustee Wallace moved to authorize the Township Supervisor or,in his
absence,the Clerk to sign the proposed Administrative Consent Order.Clerk
Pallotta supported the motion.Vote on the Motion:Yes:Wallace,Pallotta,
Lohmeier and Rosso;No:None;Absent:Wagner,Carson and Petterson.The
motion carried by a 4 to 0 vote.
UNFINISHED BUSINESS
1.DEER LAKE INN LIQUOR LICENSE TRANSFER
Clerk Pallotta said she was contact by attorney Kelly Allen's office and they have no problem with either
agreement.
Shannon Ozga,Esq.,Secrest I Wardle,reported the Board reviewed and approved this liquor license
transfer,transferring the liquor license into escrow for recordkeeping purposes only at their last meeting.
The applicant has agreed to enter into an agreement that in order for him or someone else to utilize the
liquor license,they would have to come back to the Township Board for approval.
Ms.Linda Mayer,Adkison,Need &Allen,PLLC and attorney for applicant,said they have read the
agreements and have no issue with them.She clarified that the dance entertainment permit agreement
Regular Meeting
CharterTownship of Independence
Township Board Minutes
May 17,2011
Page 3 of9
would not be signed right now.Ms.Ozga agreed that at this time,the Board would approve in form the
dance entertainment permit agreement..
>Trustee Wallace moved to approve the Liquor License Transfer Agreement
that's been presented and approve in form the Dance Entertainment Permit
Agreement as presented,between Independence Township and KJJAR,LLC at
7504 Dixie Highway,and that the Clerk,in the Supervisor's absence,shall sign
on behalf of Independence Township as its authorized representative.Trustee
Lohmeier supported the motion.Vote on the Motion:Yes:Pallotta,Rosso,
Lohmeier and Wallace;No:None;Absent:Wagner,Carson and Petterson.The
motion carried by a 4 to 0 vote.
2.RELIGHTING MAIN STREET ENERGY SAVINGS PROGRAM
Linda Richardson,DPW Director,stated she presented a LED loan program through the State at the
Board's last meeting.However,Ms.Richardson has since received from DELEG a grant program for
Advanced LED Lighting and now she is asking for the Board's authorization to proceed in writing the
grant.Ms Richardson noted that she is under a tight time frame and added that she wants to include the
Green Triangle as part of the grant.Ms.Richardson stated the estimate of costs are:Sashabaw Acorns
and Tear Drops are about $64,000.00 and she plans on adding in the control system now that there's
additional money available;and the Village of Clarkston has Tear Drops at a cost of about $26,000.00.
The grant is from $30,000.00 to $100,000.00 and she plans to reql:Jest $30,000.00.Ms.Richardson
stated Bob Hahn of Lumecon is donating his selVices to assist her in writing the grant.Ms.Richardson
asked the Board ifthey would like her to pursue the EECBG grant.
Trustee Wallace asked whether Dixie Highway will be included.Ms.Richardson replied the Township
should see a savings of 62%-70%in lighting energy reduction with this grant.However,she explained
there are other grant programs or loan programs available for next year where they could include Dixie
Highway.She added that she doesn't have a cost estimate for Dixie Highway at this time.
Trustee Lohmeier commended Ms.Richardson for her zeal with the Green Triangle partnership and the
opportunities offered by the EECBG program.He believes she works consistently under tight time
constraints and thanked her for jumping on this available grant.He believes this is a great opportunity for
the Township.
Trustee Rosso echoes Trustee Lohmeier's comments to Ms.Richardson.
~Trustee Lohmeier moved to authorize the DPW Director to apply for the
Advanced Lighting Grant through the EECBG and directs the DPW Director to
sign the grant application as the administrator for the Green Triangle.Trustee
Wallace supported the motion.Vote on the Motion:Yes:Wallace,Lohmeier,
Rosso and Pallotta;No:None;Absent:Wagner,Carson and Petterson.The
motion carried by a 4to 0 vote.
4.TRAVEL AND MILEAGE POLICY
Clerk Pallotta noted that there is a slight typo on page 59 of the packet under Travel Expenditures.She
explained that "days"should be added after "60"in that section.
Trustee Wallace took the Committee's recommendation to mean the car allowance should have been
discontinued immediately and thinks that's what we should have done.He's concerned this,may not
prove to be workable.He hopes in the motion we build in a review ofthis in one year,to took at the nature
of the travel expenses,the food expenses,the automobile expenses,and then a separate analysis of the
numbers that shows usage by employee.
Trustee Lohmeier thinks we need to get it out there and look at it in gO-days,from both the empioyees'
and department heads'perspective.
Clerk Pallotta said that since the policy is lengthy,she's going to prepare a step-by-step procedure for the
employees.
~Clerk Pallotta moved to adopt the Travel and Mileage Policy and forms as
presented,effective immediately for union employees and non-union
employees not receiving a car allowance;and moved to establish January 1,
2012 as the effective date for the implementation of the Travel and Mileage
Policy and forms for the Building Director,DPW Director,IT Coordinator,
Supervisor,Clerk and Treasurer who are currently receiving car allowances,or
effective immediately in the event the Building Director,DPW Director,IT
Coordinator,Supervisor,Clerk or Treasurer currently are receiving the car
allowance benefit should they opt out of their car allowances prior to January
1,2012.Further,that this policy be re-evaluated one year from today to
determine its value and costs savings.Trustee Wallace supported the motion,
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Charter Township ofIndependence
Township Board Minutes
May 17,2011
Page 4 of9
moving to amend the motion to add that the analysis one year outwill include a
presentation to the Board of numbers organized and presented in two
fashions:one,separately,by the category of expenditures;two,by the
amounts used by each particular employee.Clerk Pallotta accepted the
additional language to her motion.Vote on the Motion:Yes:Pallotta,Wallace,
Rosso and Lohmeier;No:None;Absent:Wagner,Carson and Petterson.The
motion carried by a 4 to 0 vote.
}>Clerk Pallotta moved to direct the HR Director to determine the proper
implementation of the Travel and Mileage Policy and forms,and notify
employees accordingly.Trustee Wallace supported the motion.Vote on the
Motion:Yes:Wallace,Pallotta,Lohmeier and Rosso;No:None;Absent:
Wagner,Carson and Petterson.The motion carried by a 4 to 0 vote.
5.MISSING EQUIPMENT UPDATE
Clerk Pallotta stated this is not what she expected to be doing as a Board member.She reported that
since the April 19th meeting,the Supervisor has not been in the office.However,Clerk Pallotta noted that
she did speak with him once about the missing equipment since his absence from the office and she
basically did not get an answer.Clerk Pallotta reported she has received an additional letter from the
donor ofthe tractor,but it isn't dated and she thinks it was hand delivered to her.She has been in touch
with the State Police but they've been playing phone tag.She wanted the Board to know she is moving
forward with it.They received information that the Supervisor is due to be back to work next week,so she
is hoping to have a chance to sit down and discuss this with him.
Trustee Lohmeier thinks she should respond to the donor's letter,as we need to recover the equipment.
Trustee Wallace agrees with that.Trustee Wallace said if the State Police don't move along with this
matter,he urges Clerk Pallotta to go ahead with a private investigator.
6.SASHABAW CORRIDOR IMPROVEMENT AUTHORITY (CIA),NOMINATIONS AND
APPOINTMENTS
Clerk Pallotta stated she sent letters to the members of the CIA committee regarding reappointment and
she received a positive response from four of them.In addition,she has received three resumes of
additional residents who are interested in serving on the board.She added that she also sent the same
notification letters that she sent to the board members to the Supervisor and he provided a response.The
Supervisor also responded to one new application.Clerk Pallotta reported that the Supervisor supports
the appointment of five of the applicants and she proposes that we vote on the nominations tonight
because these particular appointments would comply with the State statute.
Trustee Wallace is disconcerted about what the Supervisor has done.Trustee Wallace believes the
Supervisor rejected two applicants on a purely political basis.Trustee Wallace added that he does not
support one ofthe Supervisor's recommended appointments.He further added that although the problem
is that all the previous terms are now expired,he is not inclined to make any appointments tonight.
Trustee Wallace rejects the appointments until such time as the Supervisor expands his recommendation
to include some of the other applicants.It is clear to Trustee Wallace that new blood is needed and that
the CIA board takes a new direction.
Trustee Rosso asked Clerk Pallotta what is the maximum number of people who can serve on the CIA
according to the ordinance.Clerk Pallotta replied that the membership shaH not be less than five or more
than nine;the Supervisor is an automatic member by the nature of his position.
Trustee Wallace stated he does not support Mr.Milzow's reappointment.
Trustee Rosso understands that if the Board takes no action that the current members on the CIA will
continue to serve.Trustee Wallace agreed and added that once the Supervisor is back,the Board needs
to advise him of their concerns about his appointments.
Trustee Lohmeier stated the Board cannot have a dialogue about these appointments since the
Supervisor is absent.Although Trustee Lohmeier believes the CIA is a very important committee and it's
important for the Board to discuss,he believes these appointments should be delayed until the
Supervisor is present.Additionally,Trustee Lohmeier stated that when the time comes to vote on the CIA
membership,he would prefer to vote on each appointment individually as the Board did when making
appointments to the Citizens Public TV Access Committee.Trustee Lohmeier explained that he believes
this method would be a way to advise the Supervisor of the Board's choices.
~Trustee Wallace moved not to approve the Corridor Improvement Authority
(CIA)appointments of the Supervisor and that the Board urges the Supervisor
to appoint:Steve Pearson.Bob Roth,Dale Verhey,Kenneth Winship,Craig
Bennett,William Kunse and Dr.Shawn Connor,with the length of theirterms to
be staggered and to be determined.Trustee Lohmeier supported the motion.
Regular Meeting
Charter Township of Independence
Township Board Minutes
May 17,2011
Page 5 of 9
Vote on the Motion:Yes:Wallace,Lohmeier,Rosso and Pallotta;No:None;
Absent:Wagner,Carson and Petterson.The motion carried by a4 to 0 vote.
7.DEFICIT ELIMINATION PLAN
Susan Hendricks,Finance Director,presented the Board with the letter she forwarded to the State
regarding the deficit elimination plan and a draft statement of net assets.Ms.Hendricks stated that she
has not yet received a response from the State.However,she added that it usually takes about 30·days
for a response.
NEW BUSINESS
1.FIRST READING OF AN ORDINANCE REPEALING CERTAIN PROVISIONS OF THE
TELECOMMUNICATIONS ORDINANCE,IN RESPONSE TO THE FORMATION OF CITIZENS
PUBLIC TV ACCESS COMMIMTTEE
Clerk Pallotta reported this action will only repeal Division 12 -Cablecasting Board of Chapter 44 of the
Code of Ordinances;the remaining sections of Chapter 44 will remain intact.
);>Clerk Pallotta moved to approve the First Reading to Repeal Division 12,
"Cablecasting Board,"of Chapter 44,"Telecommunications,"Article II,"Cable
Television,"of the Charter Township of Independence Code of Ordinances.
Trustee Wallace supported the motion.Vote on the Motion:Yes:Pallotta,
Wallace,Rosso and Lohmeier;No:None;Absent:Wagner,Carson and
Petterson.The motion carried by a 4 to 0 vote.
3.FIRST QUARTER INVESTMENT REPORT (REMOVED)
4.MARINE PATROL SERVICES CONTRACT ON DEER LAKE
Kenneth Elwert,Director,Parks &Recreation,stated that Deer Lake Association has been working with
the Oakland County Sheriff's Marine Patrol and Independence Township Parks &Recreation to start a
trial patrol program on Deer Lake.The Association has already written a check to cover the cost for this
program and it will be deposited upon approval of this by the Board.
The following individual addressed the Board:Rick Gutowski.
);>Trustee Wallace moved to accept the $2,500.00 donation from Deer Lake
Association forthe purpose of providing patrol services on Deer Lake for 2011,
and further move to provide 80 hours of marine patrol services at a cost not to
exceed $2,500.00 through the Oakland County Sheriff's Office 2011 Marine
Patrol Services Agreement with the Charter Township of Independence,
provided that the Township Attorney review the agreement and approve it,
without having to come back to the Board with some of the objections he's had
to our general contract with the Sheriff's Department;and further,that with the
Township Attorney's approval,it be signed by the Township Clerk in the
Supervisor'S absence.Trustee Lohmeier supported the motion.Vote on the
Motion:Yes:Wallace,Rosso,Pallotta and Lohmeier;No:None;Absent:
Wagner,Carson and Petterson.The motion carried by a 4to 0 vote.
5.OPTIMIST CLUB DONATION,MEMORANDUM OF UNDERSTANDING (MOU)AND
REQUESTED LETTER
Kenneth Elwert,Director,Parks &Recreation,reported that the Optimist Club requested that the
Township enter into a Memorandum of Understanding (MOU)and sign an additional letter clarifying
operations liability and responsibility in regard to their $20,000.00 donation for reinstating lifeguards at
Deer Lake Beach.
Trustee Wallace asked if the Township Attorneys have reviewed the documents.Mr.Elwert responded
that the Township attorney has not review the MOU,but added that the Township is not taking on any
additional liability.Mr.Elwert contacted the Township's insurance company and reported that have no
problems adding the Optimists for 2011.
Trustee Wallace commended the Optimists;however,he added that we need to keep in mind as we
move forward with the budgeting process,that this is aone time situation.
»Trustee Lohmeier moved to authorize the Township Clerk to sign the
Memorandum of Understanding with the Clarkston Optimist Club and the letter
clarifying responsibility to accept their $20,000.00 donation towards operation
of Deer Lake Beach for the 2011 season,contingent upon satisfactory review
and approval ofthe Township Attorney.Trustee Wallace supported the motion,
adding the language that there would be the discretion of the Clerk and the
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Charter Township ofIndependence
Township Board Minutes
May 17,2011
Page6 af9
Township Attorney to make any changes to the Agreement without bringing it
back to the Board.Trustee Lohmeier accepted the additional language to his
motion.Vote on the Motion:Yes:Wallace,lohmeier,Pallotta and Rosso;No:
None;Absent:Wagner,Carson and Petterson.The motion carried by a 4 to 0
vote.
6.FUND BALANCE UPDATE
Rick Yaeger,Deputy Supervisor,stated that although the auditors have not yet released their statements,
the fund balance report has been updated with final numbers for 2010.Mr.Yaeger also provided numbers
if two months were to be kept in reserve or if three months were to be kept in reserve to see what that
would free up from the fund balance.He understands that the current policy is to maintain a fund balance
between 20~40%and that the Board needs to determine whether that is appropriate or whether theywant
to make a change.
Trustee Wallace thought the prior Board established a policy of35%.Trustee Wallace is concerned about
funding for capital improvements,or at least capital repairs.He thinks they need to establish a fund
balance policy so there are no huge fund balances.Additionally,he believes they have no idea how much
will be available to do capital repairs and improvements.
Trustee Wallace believes it would be helpful to know what the typical operating expenses are for Safety
Path in order to have a better understanding aboutwhat they can do with them.Trustee Wallace believes
that 20%is sufficient cushion for general fund balance;that amounts to about two and a half months in
reserves.
The following individual addressed the Board:Rick Gutowski.
>Trustee Wallace moved to establish a fund balance policy of no more than 20%
of annual operating expenses for the general fund and the fire fund and the
rest to be designated for Board review purposes as money available for capital
repairs and improvements;and that we not establish a fund balance limitation
for the library nor for the police at this time;that the Deputy Supervisor or
Supervisor provide the Board with additional information as to what the actual
operating expenses are for operations with respect to the safety path fund;that
the water and sewer enterprise fund be dealt with that separately as part of the
rate review to be presented by the DPW Director.Trustee Lohmeier supported
the motion.Vote on the Motion:Yes:Wallace,Pallotta,Rosso and Lohmeier;
No:None;Absent;Wagner,Carson and Petterson.The motion carried by a 4 to
Ovate.
9.SAMPLE NARRATIVE WITH 2012 ALONG WITH AN ABBREVIATED VERSION FOR 2013
AND 2014 (MOVED FROM CONSENT AGENDA)
Trustee Wallace doesn't understand what action Mr.Yaeger was trying to take by having this in the
Consent Agenda.Mr.Yaeger said he was just putting this forth for Board comments.Trustee Wallace
does not want to adopt this sample narrative,but believes it is a good start.He explained they need a
narrative,however,this one is a little superficial and he would like to more items.Mr.Yaeger replied that
he wanted to give the Board an idea of things they can expect.He explained he will expand on the
document and it will vary from department to department.
7.MONTHLY BUDGET UPDATE
Susan Hendricks,Finance Director,informed the Board that the Finance Department has received pricing
adjustments from Blue Cross Blue Shield for healthcare benefits and she was able to determine what the
savings were.In regard to projections for the 2012 budget,she will forward those numbers to the
Department Directors,and then review to see how the numbers are affecting 2011.
Ms.Hendricks reported the Check Run includes a check to the State for unemployment.She explained
they had budgeted up to $80,000.00,and instead,the amount was closer to $50,000.00.Ms.Hendricks
stated based on that,the Township will have money in that general fund that will then be brought before
the Board to be reallocated,
Ms.Hendricks reported that the Clarkston School District payment to Independence Township for the
liaison officer for the ending of the current school year is in the 2010 budget.In addition,she reported the
Township already budgeted for this position for the next school year in the 2011 budget.However,Ms.
Hendricks explained that she recently spoke with the school's grant administrator who indicated that
because the school district basically has the same amount ofgrant money available,they have a lot more
places to use it because of budget cuts in other areas.Consequently,the school district has not made a
final decision as to whether or not they will participate or pay for the school liaison in what would be the
Township's 2011 budget.Ms.Hendricks reported that Dr.Rock indicated that if the school district does
not have funds to participate this year or next year,they would once again allocate money toward this
position as soon as they once again have funding available.
RegularMeeting
Charter Township of Independence
Township Board Minutes
May 17,2011
Page 70f9
Trustee Wallace thinks that the new school administration may be open to discussing the overlapping
services that the Township and the schools both provide.
Trustee Lohmeier thinks a dialogue with Dr.Rock is necessary to get a better understanding if the school
district is not going to pay for the school liaison officer or if perhaps they'll pay for it next year.Trustee
Lohmeier does not want to lose the school liaison officer and suggested that an executive-to-executive
discussion between the schools and Township is needed.
Clerk Pallotta said as a point of order,we're offthe topic from the monthly budget.
Trustee Rosso thinks we have to look at this as more of a global perspective and maybe we can look at
alternatives.
Trustee Lohmeier offered to have this discussion informally with Dr.Rock and Trustee Wallace and
Trustee Rosso are in agreement with him doing that.
8.PERMISSION TO EXTEND 2ND STAGE EVENT AT DTE MUSIC THEATER UNTIL 11:00 PM
(MOVED FROM CONSENT AGENDA)
Since DTE needs a decision by Monday,Trustee Wallace is concerned that their request appears to be
last minute.Trustee Wallace stated that the existing restriction for a second stage event is 8:00 p.m.and
DTE is requesting an extension until 11 :00 p.m.Trustee Wallace believes more Board discussion is
required because this request concerns noise and consideration ofneighbors.
Palace Sports &Entertainment representatives John ltsell,Vice President of Events,
Projects/Development,Jim Summers,Vice President of Operations,and Chip Robinson,Director of
Facllity Services were present.Mr.Iisell asked for an extension to run the second stage until 11 :00 p.m.
for August 1ihonly.
Trustee Rosso asked what is the special reason for running the second stage untll 11 :00 p.m.Mr.Itsell
replied that this event is a prepackaged tour involving OJ's and the performers want to extend the hours
of the second stage in front of the house until the end of the show.He explained that this is just a need for
this particular tour and added that the sound will be directed to the back side of the berm.
}-Trustee Lohmeier moved to approve the 2"d Stage Event at DTE Music Theater
until 11:00 p.m.for the event scheduled for August 12,2011.Clerk Pallotta
supported the motion.Vote on the Motion:Yes:Pallotta,Lohmeier and Rosso;
No:Wallace;Absent:Wagner,Carson and Petterson.The motion carried by a 3
to 1 vote.
10.EECBG PROJECT UPDATE (MOVED FROM CONSENT AGENDA)
Linda Richardson,Director,DPW,stated that this is just an EECBG update and there is no approval
necessary.The EECBG project has been completed as of March 2nd•The final report was submitted to
DELEG.She reported that Independence Township projects were for interior lighting at the library,interior
lighting at Fire Station No.2,interior lighting at DPW,and window and door replacements at DPW.Ms.
Richardson stated that she received an energy bill after writing this update that indicated that the library
had a 7%reduction in their energy bill and the f1re station had a reduction close to 10%.She noted that
because the DPW bill was estimated,she was unable to dl'ltermine what the savings were.She reported
that Independence Township portion of the project was $262.56 over budget and that there will still be an
audit conducted by DELEG.Ms.Richardson is grateful the project is finished.Trustee Wallace said it'd be
nice if she could keep track and give the Board a yearly update on the savings.
11.DISABILITY OF FULL-TIME ELECTED OFFICIALS (ADDED)
Trustee Wallace said it occurred to him as he reviewed the Board packet that the Township does not
have a full-time Deputy Supervisor;it has only a part-time Supervisor.Trustee Wallace stated the
Supervisor has been out several times before this and up until now,he has never applied for disability
benefits.Trustee Wallace suggested that the Board may want to establish some rules as to when this
gets triggered,because the Township carries disability insurance.He added that there are also
operational issues.He explained there are insurance issues that need to be studied and provide policies
for.He proposes that the Board establish a study committee.Trustee Wallace would like to serve on it,
along with Clerk Pallotta and Human Resources Director,Ms.Gabris.Trustee Wallace is uncertain as to
whether theywill need any funds at this time.
Trustee Rosso thinks it an excellent idea,but they should investigate it and if they need funds,they can
come back to the Board.
Trustee Lohmeier clarified that this is just regarding full-time elected officials.Trustee Wallace said it's not
to cure just one situation;it's for future situations in addition to establishing options.
99
100RegularMeeting
Charter Township ofIn'dependence
Township Board Minutes
May 17,2011
Page 8of9
>Trustee Wallace moved to establish a Study Committee to study the elected
officials'disability insurance policy and practices,and have Trustee Wallace,
Clerk Pallotta and HR Director Ms.Gabris serve,and they will report back to
the Board.Trustee Lohmeier supported the motion.Vote on the Motion:Yes:
Wallace,Pallotta,Rosso and Lohmeier;No:None;Absent:Wagner,Carson and
Petterson.The motion carried by a 4 to 0 vote.
>Trustee Wallace moved to extend the meeting past 10:00 p.m.Clerk Pallotta
supported the motion.Vote on the Motion:Yes:Rosso,Wallace,Pallotta and
Lohmeier;No:None;Absent:Wagner,Carson and Petterson.The motion
carried by a 4 to 0 vote.
The meeting RECESSED at 10:07 p.m.
The meeting RECONVENED at 10:14 p.m.
CLOSED SESSION:
To consider the dismissal,suspension or disciplining of ...employee,as permitted by MCl
15.268(0)
)0>Clerk Pallotta moved to go into Closed Session at 10:14 p.m.Trustee Lohmeier
supported the motion.Vote on the Motion:Yes:Wallace,Rosso,Lohmeier and
Pallotta;No:None;Absent:Wagner,Carson and Petterson.The motion carried
by a 4 to °vote.
The Regular meeting RECONVENED at 11 :03 p.m.
)0>Trustee Lohmeier moved that in regards to Mr.Belcher and the review of his
performance and potential resolution,that Mr.Belcher's employment with the
Township be terminated for cause,that Mr.Belcher has been documented and
intentionally withheld important information from the Board,failed to comply
with the Board's directives,and attempted to condition his compliance with
guarantees from the Board.Trustee Wallace supported the motion.Vote on the
Motion:Yes:Wallace and Lohmeier;No:Rosso and Pallotta;Absent;Wagner,
Carson and Petterson.The motion failed by a 2 to 2 vote.
Trustee Wallace said that they had a Closed Session at the start of the meeting with Mr.Belcher,wherein
the Board learned information that was different from what Mr.Belcher stated at the last Board meeting in
open session.Mr.Belcher agreed that the Board could discuss what was revealed in Closed Session.
Trustee Wallace stated that Mr.Belcher apologized for the first time about his conduct and the receipt of
the bonuses,the lying to the Township about them,and the failure to make timely repayment.Mr.
Belcher's apology was significant to Trustee Wallace.He explained that Mr.Belcher apologized and
pledged this would not happen again,any conduct like this or any breach of trust.Trustee Wallace added
that Mr.Belcher also revealed that the Supervisor told him not to repay the money,which is a significant
factor as to why the funds were not repaid.
)0>Trustee Wallace moved to suspend David Belcher from his employment with
Independence Township without pay for 60·days,and during the 60·day
suspension,Mr.Belcher would not be involved in any Township business;Mr.
Belcher shall give his keys and other Township property for safekeeping
tomorrow to the Human Resources Director until the suspension is over.Also,
as part of Mr.Belcher's suspension,this is his final warning and he will be on
probation for 1~year following his suspension,which shall start immediately;
during the suspension and probationary period Mr.Belcher shall repay to the
Township $3,000.00 in full within the 13 months he suggested in his proposed
budget schedule.Failing to make that or any other breach of trust with the
Township or other misconduct would mean he shall be terminated
immediately.Clerk Pallotta supported the motion.
Trustee Lohmeier said he can support this motion.It was very relevant that Mr.Belcher apologized,and it
was revealing that he stated he was operating under the advice and counsel of the Supervisor,who is his
direct supervisor.
»Vote on the Motion:Yes:Pallotta,Wallace,Lohmeier and Rosso;No:None;
Absent:Wagner,Carson and Petterson.The motion carried by a4 to 0 vote.
STATEMENTS AND CORRESPONDENCE:
There were none.
/~ff~
Larry Ros;k",Acting Chair
Regular Meeting
Charter Township of Independence
Township Board Minutes
May 17,2011
Page 90f9
ADJOURNMENT:
:r.-Trustee Wallace moved to adjourn the Regular Meeting at 11 :09 p.m.Trustee
Lohmeier supported the motion.Vote on the Motion.Yes:Wallace,Lohmeier,
Pallotta and Rosso;No:None;Absent:Wagner,Carson and Petterson.The
motion carried by a 4 to 0 vote.
~,a.(JJA!b..
Barba/1lA:Pallotta,Clerk
101