Board of Trustees Minutes
July 15, 2003
Supervisor Mann called the meeting to order at 7:02 p.m. and led in the
Pledge of Allegiance to the Flag.
MEMBERS PRESENT:
Steven Mann, Supervisor
Marilyn Massengill, Clerk
Ron Edwards, Treasurer
Kay Arnold, Trustee
Charles Curmi, Trustee
Ron Griffith, Trustee
Abe Munfakh, Trustee
MEMBERS ABSENT:
None
OTHERS PRESENT:
James Anulewicz, Director of Public Service
Thomas Hollis, DPW Manager
Mark Lewis, Chief Building Official
Robert Smith, Police Lieutenant
Mark Wendel, Assistant Fire Chief
Michael Bailey, Dietrich Bailey Associates
Timothy Cronin, Township Attorney
Alice Geletzke, Recording Secretary
65 members of the public
D. APPROVAL OF AGENDA
Regular Meeting - Tuesday, July 15, 2003
Mrs. Massengill moved to approve the Agenda for the July 15, 2003 Regular Board
of Trustees Meeting as submitted. Seconded by Ms. Arnold.
Ayes all.
E. CONSENT AGENDA
E.1 Approval of Minutes
Regular
Meeting - Tuesday, June 24, 2003
Work
Session - Tuesday, July 8, 2003
E.2 Approval of Township Bills
| |
|
Year 2003 |
| General Fund |
(101) |
$826,113.41 |
| Water/Sewer |
(592) |
707,317.50 |
| Improvement Revolving |
(246) |
209,434.43 |
| SWD |
(226) |
86,985.12 |
| Trust and Agency |
(701) |
9,250.00 |
| Tax Pool |
(703) |
-- |
| Drug Forfeiture |
|
5,260.00 |
| |
Total: |
$1,844,360.46 |
E.3 Approval of Utility Easements - N/A
E.4 Communications-Resolutions-Reports
A.
Communications
Thank you letter from Ms. Debby McCullough to Chief
Tiderington regarding the Citizen’s Academy and Officer
Scott Linton
Thank you note to Chief Groth and Assistant Chief Wendel
from Elaine Gerarge
Thank you note to Chief Groth and Fire Department from
Ruth Yanke
Thank you note to Tim Smith and Phil Kozian from
Nancy Mckeon
Thank you note to Tony Hollis, Bob Courter and Jim Thomas
from Howard & Veronica Courtney
B.
Resolutions – N/A
C. Reports
June, 2003, Monthly Report, Building Department
June, 2003, Monthly Report, Fire Department
June, 2003, Monthly Report, Department of Public Works
Mrs. Massengill moved to accept the Consent Agenda for the July 15, 2003 Regular
Board of Trustees Meeting, as submitted. Seconded by Ms. Arnold.
Ayes all.
Mr. Curmi felt that when residents call concerning removal of animals from
private property, the Township should give the phone number of an animal control
agency and leave the responsibility of having the animal removed up to the
homeowner. He did not feel it should be the responsibility of the Township to
pay for removal. Lt. Smith replied that the Township only responds when the
animals are a concern to community safety because of distemper or other illness.
Mr. Mann noted the current practice has been in effect for years. If the Board
wished, a policy change could be discussed in the future.
F. PUBLIC COMMENT AND QUESTIONS
Mr. Don Schnettler stated his concern the funds from the Building Department
are going into the general fund. He also presented a petition to Mr. Mann with
252 signatures requesting that the proposal for the Township Hall go before the
voters.
Residents Jonathon Slade, Pat Houle, Mark Spencer, Norma Funke, Charles
Washburn, and Sandy Groth asked questions regarding the proposed new Township
Hall. Concerns centered on the assumption of a large financial burden, lack of
evaluating the present and alternative sites, the fact that the offices won’t
front on Ann Arbor Road, the noise and safety in a residential/school area and
to the proposal not going to the electors for a vote.
Residents Ray Sturdy and Steve Bracey registered their support for the proposed
new Township Hall. They felt it important to consolidate Township functions and
to act while interest rates are low. They felt the officials are elected to make
proper decisions on behalf of the Township.
Jerry and Sharon Chouinard, 11179 Butternut, asked Mr. Edwards if he has done
anything to alleviate the problem, which made it impossible to pay their taxes
in cash at the Treasurer’s office last year when the computers were down. Mr.
Chouinard maintained the computers were down almost four days. He said he came
back three times and the third time he was able to pay it. They felt there
should be some type of backup system when the computers are down such as a
manual receipt. They also weren’t told payments could be made at Standard
Federal Bank.
Mr. Edwards said there was a computer problem last year with the AS400, which he
does not control. He recalled it lasted for one day, July 1. When someone pays
in cash, a computer-generated receipt is desired in order to track the payment
through the system.
Mr. Joe Holowicki complimented the Board on the new sprayscape, but thought a
charge for outsiders to use it should be considered.
G. PUBLIC HEARING
G.1 Request for a twelve (12) year Industrial
Facilities Exemption for
an existing leased
facility, including new machinery, equipment,
furniture and
fixtures for Plastipak Packaging, Inc.
Resolution No.
03-07-15-24
Mr. Thomas Mellnick, Jr., Senior Tax Manager for Plastipak Packaging, Inc.,
addressed the Board and answered questions.
Mr. Munfakh moved that the Board consider the request from Plastipak Packaging,
Inc., and approve Resolution No. 03-07-15-24 granting a twelve (12) year
Industrial Facilities Exemption covering the building improvements in the
existing leased facility, including new machinery, equipment furniture and
fixtures located at 41605 Ann Arbor Road. Supported by Ms. Arnold. Ayes all on a
roll call vote.
The Resolution reads as follows:
WHEREAS, pursuant to P.A. 198 of 1974, as amended, after a duly noticed
public hearing held on February 27, 1996, the Board of Trustees of the Charter
Township of Plymouth, by resolution, established an Industrial Development
District for 41605 Ann Arbor Road, Parcel No. 990024, Plymouth Township, Wayne
County, Michigan; and
WHEREAS, Plastipak Packaging, Inc., filed an application on June 18,
2003, requesting a twelve (12) year, after completion, Industrial Facilities
Exemption Certificate, with respect to the building improvements of a leased
facility and including new (owned) machinery, equipment, furniture and fixtures
to be acquired and installed within the Industrial Development District; and
WHEREAS, before acting on said application, the Board of Trustees held a
public hearing on Tuesday, July 15, 2003, in the Meeting Room of the Township
Hall commencing at 7:00 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, the building improvements on the leased facility and
installation of new machinery, equipment, furniture and fixtures had not begun
earlier than six (6) months before June 18, 2003, the date of the acceptance of
the application for the Industrial Facilities Exemption Certificate; and
WHEREAS, the installation of the new machinery, equipment, furniture and
fixtures had not begun earlier than six (6) months before November 18, 2002, the
date of acceptance of the application for the Industrial Facilities Exemption
Certificate; and
WHEREAS, completion of the building improvements to the leased facility
and installation of the new machinery, equipment, furniture and fixtures 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 Plastipak Packaging, Inc., for an Industrial Facilities
Exemption Certificate with respect to the building
improvements on the
leased facility and installation 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:
41605 Ann Arbor Road
Parcel #990024
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.
H. COMMUNITY DEVELOPMENT – N/A
I. UNFINISHED BUSINESS
I.1 Replacement of Baseball Field Fences at Plymouth
Township Park
Mr. Edwards noted that four quotes were received, two returned on the required
forms from Nationwide and Allied Fence. Nationwide Fence and Supply is the low
bidder at $14,785.
Ms. Arnold moved to approve the purchase of new fences for the Baseball Fields
at Plymouth Township Park in the amount of $14,785. Seconded by Mr. Curmi.
Ayes all.
I.2 2003 Wages for non-represented employees
Ms. Arnold moved to approve a wage increase of 3.25% for all non-represented
employees, retroactive to January 1, 2003, and that within the next four to six
months, the Board would have the administration’s recommendations for those
non-represented employees whose salaries, according to the comparisons, were not
within the mid-range. Seconded by Mrs. Massengill.
Ayes all.
Ms. Arnold moved to approve a wage increase for the Deputy Treasurer to $25.50
per hour, effective immediately and retroactive to January 1, 2003, because she
is part-time and does not receive benefits. Seconded by Mrs. Massengill.
ROLL CALL:
Ayes: Arnold, Massengill, Curmi, Edwards, Mann
Nays: Griffith, Munfakh
Motion carried.
J. NEW BUSINESS
J.1 Reappointment to the Compensation Committee
Mr. Munfakh moved to approve the reappointment of Roy Hart to the Compensation
Committee with term expiring on August 14, 2008. Seconded by Mrs. Massengill.
Ayes all.
J.2 Appointment of John J. Hasluck to the Planning
Commission.
Term expiring on June 30,
2004.
Ms. Arnold moved to approve the appointment of John J. Hasluck to the Planning
Commission, term ending June 30, 2004. Seconded by Mr. Griffith.
Ayes all.
J.3 Liquor License Request – Asian Buffet Plymouth,
Inc.
Resolution No.
03-07-15-25
Police Lieutenant Robert Smith addressed the Board and answered questions.
Mr. Curmi said he could not support granting the license because one of the
applicants did not have permanent Resident Alien status.
Mr. Munfakh moved to approve Resolution 03-07-15-25, approving the request from
Asian Buffet Plymouth, Inc., for a new “Full Year Class C” license to be located
at 44763 Five Mile Road, Plymouth Michigan. Supported by Mr. Edwards.
ROLL CALL:
Ayes: Munfakh, Edwards, Massengill, Griffith, Arnold
Nays: Curmi, Mann
Motion carried.
A copy of the Resolution is on file in the Clerk's Office for public perusal.
J.4 Vehicle Purchase for DPW
Thomas Hollis, DPW Manager, addressed the Board and answered questions.
Mr. Edwards moved to approve the purchase of a 2004 full-sized pickup truck from
Red Holman GMC for $25,706.00. Seconded by Ms. Arnold.
Ayes all.
J.5 2002 Financial Report
Mr. Joseph Heffernan and Denise Simon, Plante & Moran, PLLC, gave a PowerPoint
presentation of the 2002 Financial Report. Mr. Heffernan also addressed the
Board and answered questions.
Mr. Edwards distributed and explained statistical information of the Township
that will be included with the Comprehensive Annual Financial Report (CAFR).
Mr. Edwards moved to receive and file the 2002 Financial Audit Report and
Management Letter, as submitted. Seconded by Mrs. Massengill.
Ayes all.
J.6 Commercial Use License Agreement
Mr. Mann and Attorney Cronin addressed the Board and answered questions.
Ms. Arnold moved to authorize the Supervisor and Clerk to execute the Commercial
Use License Agreement with PM Associates II, LLC, for the use of office space at
44191 Plymouth Oaks Boulevard while Friendship Station is being renovated.
Seconded by Mr. Munfakh.
Ayes all.
Mr. Mann called a brief recess at 9:32 p.m. The meeting reconvened at 9:40 p.m.
J.7 Resolution authorizing the purchase of 9.39 + acres
of property
generally bounded by
Haggerty Road and Ann Arbor Road
Resolution No.
03-07-15-26
Attorney Cronin reviewed the Resolution and Purchase Agreement and answered
questions.
Mr. Griffith read, for the record, the following questions:
He had asked the Supervisor, in an e-mail, “why the property and operation of
the DPW is not retained at its present location because a building must be built
to house the trucks, street sweepers, and all needed supplies. What advantage is
there in doing this, except for the idea of everyone being in one place, which
will not happen with the fleet from the DPW crew anyway? Also, if you need the
money to sustain the Haggerty Road project, why can’t we simply borrow the
money, as we have before, from the Water and Sewer Fund? How is the cost to the
Water and Sewer Fund justified as has been set out in the project and what is
the whole plan? There is only a piece of the plan and the Board is being asked
to approve a resolution for $12 million. Has the Township obtained a legal
opinion on the cost to the Water and Sewer Fund? Is the project tied to the Ann
Arbor Road property in the agreement? Word is Massey wants an all-or-nothing
deal with the Township which would prevent the Ann Arbor Road project from
proceeding if the Township does not purchase or build the Haggerty Road site. Is
it true that the Township will pave Gold Arbor at no cost to the homeowners? Has
there been any traffic study done in the last year with regard to the busy
intersection of Ann Arbor Road and Haggerty Road? Have the Police and Fire
Chiefs signed off on the proposed designs for their building? Do we have a
design plan to evaluate? What accommodations have been made for the Police
Department parking needs? Are furnishings included in this cost?”
Mr. Munfakh concurred with Mr. Griffith that a lot of the questions have not
been answered, plus he felt approval was being requested prior to an opportunity
to discuss the Building Needs Assessment with Plante & Moran CRESA. He felt the
income of the Township was being leveraged into the year 2023. He felt no one
wanted to discuss the issues, they just wanted to pass the Resolution and go on.
Mr. Mann said the matter has been discussed since he came into office in the
year 2000. Articles have been in the newspaper, it’s been discussed at Board
level and at study sessions, and it’s been in the newsletters. He felt all the
questions just asked have been asked before and all answered at one time or
another. He enumerated the progress made in the Township in the past three
years: the building of Miller Family Park, the sprayscape, Lake Point Soccer
Park; addition of a Senior Van, renovation of the Senior Center, addition of
entry signs, and creation of a DDA that captures funds to invest in the Ann
Arbor Road Corridor. The Township is in great financial shape with a fund
balance of 42% over the expenditures, almost twice in the fund balance of what
is needed. He felt it was a great opportunity to purchase some land and plan for
the future. He felt there are common-sense factors that make the location
decision the right one. The sale of the current property should net $1 million
over what is being paid for the Massey site. There are storm water detention
problems at the current site which would require costly underground detention
systems. There is also an opportunity to partner in this regard with the
developer of the remainder of the property, which could increase the savings
further. Problems are also avoided in having to stage construction or move
off-site. There is roughly three times the land at the Massey site. It has also
been confirmed with Counsel that the use of the Water and Sewer Funds is
completely legal.
Mr. Mann also addressed the quotes that have been taken out of context by a
small group. When he said it would go to the vote of the people, he said it in
conjunction with the belief at the time that taxes were going to have to be
increased.
Mr. Curmi expressed his concern about the land being overpriced and he felt that
construction costs would come down even further.
Mr. Griffith stated that one of the most important functions of the Township is
public safety and if the money is used for a new Township Hall, it won’t be
available for cost increases in police and fire down the road and the Board may
have to return with tax increases for public safety.
Attorney Cronin and Mr. Ernest Essad, representative for Mr. Massey assured Mr.
Curmi and resident Jim Karell, that the property purchase was not tied in any
way to the Consent Judgment, nor were the two proposed projects connected in any
way.
Mr. Karell asked why then the Consent Judgment was changed with the developer if
the Township didn’t have something to gain out of the fact that the Township was
going to buy that property.
Mr. Anulewicz said he would sit down with anyone and show them the benefits. The
Consent Judgment is a consensus of what the Township wanted to see on that
property relating to architecture, streetscape, etc., and that the Consent
Judgment runs with the property in perpetuity. The judgment of 1993 had severe
legal flaws.
Residents Joe Banaczak, Sharon Chouinard, Sandy Groth, and Don Schnettler
reiterated their concerns regarding the price of the property, the current SEV,
the financing, and their wish that the matter be placed before the voters.
Residents Harry Jachym, Steve Hanis and Elaine Hovey expressed their support for
the project. They felt interest rates would never be lower, 9-acre parcels are
scarce, money should not be spent on additional studies, and fire response times
would not be affected to a great degree.
Greg VanKirk and Paul Revitto of Plante & Moran CRESA then answered questions
regarding their Township Hall Needs Assessment Study.
Mrs. Massengill moved to approve Resolution No. 03-07-15-26, authorizing the
Supervisor and Clerk to execute the Purchase Agreement for the 9.39+ acre Massey
site and for administration to proceed with the project as described in the
Building Needs Assessment dated June 23, 2003, prepared by Plante & Moran CRESA,
LLC. Seconded by Ms. Arnold.
ROLL CALL:
Ayes: Massengill, Arnold, Edwards, Mann
Nays: Curmi, Griffith, Munfakh
Motion carried.
The Resolution reads as follows:
WHEREAS, the Charter Township of Plymouth Board of Trustees did receive
on June 24, 2003, a Building Needs Assessment submitted by Plante & Moran CRESA,
LLC; and
WHEREAS, the Building Needs Assessment discusses the Township Hall,
Police Station, Fire Headquarters, DPW and other needs of the Township; and
WHEREAS, the Assessment further discusses site information, preliminary
cost estimates, preliminary project schedule, economic considerations and
contains a recommendation for the purchase of 9.39+ acres of property bounded
generally by Haggerty Road and Ann Arbor Road currently owned by Donald E.
Massey; and
WHEREAS, after due deliberation and consideration, the Board of Trustees
for the Charter Township of Plymouth does wish to proceed with the project as
outlined in the Building Needs Assessment dated June 24, 2003, and further
wishes to authorize the purchase of the subject property; and
WHEREAS, a Purchase Agreement has been negotiated between Donald E.
Massey and the Charter Township of Plymouth for the 9.39+ acres generally
bounded by Haggerty Road and Ann Arbor Road for a purchase price of One Million
Five Hundred Eighty-three Thousand Three Hundred Thirty-three Dollars and 33/100
($1,583,333.33) and an earnest money deposit of Ten Thousand and 00/100 Dollars
($10,000.00).
NOW, THEREFORE, be it resolved that the Plymouth Township board of
Trustees does hereby authorize the Supervisor and the Clerk to execute the
Purchase Agreement with Donald E. Massey for the 9.39+ acres generally bounded
by Haggerty Road and Ann Arbor Road; and
BE IT FURTHER RESOLVED that the Plymouth Township Board of Trustees does
hereby direct and authorize administration to take the appropriate steps to
undertake and complete the project as outlined in the Building Needs Assessment
dated and presented to the Township Board on June 24, 2003, by Plante & Moran,
CRESA, LLC, subject to any necessary board approvals.
J.8 Notice of Intent Resolution Capital Improvement
Bonds
Resolution No.
03-07-15-27
Mr. Mike Magee, Bond Attorney for Miller, Canfield, Paddock and Stone, addressed
the Board and answered questions. He noted that there is a 45-day period after
the publication date of the intent to issue bonds in which petitions for a
referendum may be presented.
Mr. Edwards moved to approve Resolution No. 03-07-15-27, authorizing the Clerk
to publish the Notice of Intent to Issue Capital Improvement Bonds. Seconded by
Ms. Arnold.
ROLL CALL:
Ayes: Edwards, Arnold, Mann, Massengill
Nays: Curmi, Griffith, Munfakh
Motion carried.
J.9 Ordinance to Repeal the outdated charter provisions
and
Ordinance to Update
the Charter Section of the Township Code
Ordinance No.
C-2003-02
Attorney Cronin reviewed the changes with the Board and answered questions.
Mrs. Massengill moved to approve the first reading of Ordinance No. C-2003-02,
repealing the outdated charter provisions. She further moved to approve the
first reading of Ordinance No. C-2003-03, updating the charter provisions of the
Township Code consistent with State Law changes.
Ayes all.
J.10 Proposal to become a Passport Acceptance Facility
Joe Bridgman, Deputy Clerk, addressed the Board and answered questions. He noted
that the Township would retain $30 in revenue per application for a first-time
passport. The maximum training cost would not exceed $500 for three people to
attend training in Chicago. If training were held in the immediate area, cost
would be zero.
In answer to Mr. Curmi’s question as to why someone would come in, rather than
sending it in, Mr. Bridgman answered that to get an initial passport, one must
go to an official passport location. Renewals can be mailed, but an oath must be
administered for a new passport. There would be no revenue to the Township for
renewals.
Mr. Munfakh asked if there would be time to do this, or if it would be necessary
to hire a new employee. Mrs. Massengill assured him that no new employee would
be hired.
Mr. Bridgman said the processing time would be no longer than three to five
minutes per passport application. There is no record keeping other than
maintaining a log and daily mailing of the applications.
Mr. Curmi said he could not support this because he understood the Clerk’s
office was too busy and he wanted the Federal Government kept out of the
Township’s business.
Mr. Munfakh stated that there were several nearby facilities that process
passports.
Mr. Bridgman stated that becoming a passport acceptance agency would provide an
additional service to the citizens of the Township, a service many residents
have requested; and it could generate between $20,000 and $40,000 additional
income per year for the Township.
Mrs. Massengill stated that at a conference she recently attended other
townships that spoke on becoming a Passport Agency stated that the Post Office
wanted out of the Passport business, thus the reason municipalities are getting
into it. It a good source of income and takes very little employee time.
Mrs. Massengill moved to approve the Clerk’s Office proceed with becoming a
Passport Acceptance Facility. Seconded by Mr. Edwards.
ROLL CALL:
Ayes: Massengill, Edwards, Mann
Nays: Munfakh, Arnold, Curmi, Griffith
Motion defeated.
K. SUPERVISOR COMMENTS
There were none.
M. TRUSTEE COMMENTS
Mr. Edwards commented on the questions raised by Mr. and Mrs. Chouinard
regarding their inability to pay their taxes with cash last year. He checked in
his office during the break and their payment was made on August 13. They said
they came in on the first day and payment was made four days later. They paid by
check. His office rarely turns people away, though there have been rare
occasions when the computer has gone down and they don’t like to take cash
because they like a computer-generated receipt in order to be able to track
transactions through the system. He takes pride in his staff and what they do.
N. PUBLIC COMMENTS
There were none.
O. ADJOURN
Mrs. Massengill moved to adjourn the meeting. Seconded by Mr. Edwards.
Ayes all.
Mr. Mann adjourned the meeting at 11:50 p.m.
_______________________________
Marilyn Massengill, CMC
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:
Supervisor’s office, 42350 Ann Arbor Road, Plymouth, MI 48170.
Phone number (734) 354-3200 TDD units: 1-800-649-3777 (Michigan Relay Services)
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