Superior charter township board regular meeting



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SUPERIOR CHARTER TOWNSHIP BOARD

REGULAR MEETING

JULY 20, 2009

ADOPTED MINUTES

PAGE




1. CALL TO ORDER
The regular meeting of the Superior Charter Township Board was called to order by the Supervisor at 7:30 p.m. on July 20, 2009, at the Superior Township Hall, 3040 North Prospect, Ypsilanti, Michigan.

2. PLEDGE OF ALLEGIANCE
The Supervisor led the assembly in the pledge of allegiance to the flag.

3. ROLL CALL
The members present were William McFarlane, Brenda McKinney, David Phillips, Nancy Caviston, Lisa Lewis and Alex Williams. Trustee Roderick Green was absent.

4. ADOPTION OF AGENDA
It was moved by McKinney, seconded by Lewis, to adopt the agenda with the additions of the AATA-ARIDE report as item g. in Communications and Retirement Proposal of G. Similo as item n. under New Business.
The motion carried by a voice vote.

5. APPROVAL OF MINUTES
A. REGULAR MEETING OF JUNE 15, 2009
It was moved by Caviston, seconded by McKinney, to approve the minutes of the regular Board meeting of June 15, 2009, as presented.
The motion carried by a voice vote.
6. CITIZEN PARTICIPATION

  1. NON-AGENDA ITEMS


Diane Keller, President of the Ypsilanti Chamber of Commerce made a presentation to the Board and audience about the many services the Chamber offers. The Chamber facilitates networking thru its breakfast meetings which are held on the first Tuesday of every month. The Chamber publishes a newsletter, a news flash e-mail system, offers the EagleOne Discount Card, a prescription discount card and is involved in many other activities to assist county residents, as well as market the Ypsilanti area to prospective businesses.




  1. REPORTS


A. SUPERVISOR REPORT
The Supervisor reported on the following:

A copy of the final 2008 audit was provided to all Board members. The audit can also be viewed on the State of Michigan, Department of Treasury website, which is linked on the Township’s web page. The Washtenaw County Road Commission is replacing the Fleming Creek bridge on Plymouth Road. They will take about 300 cubic yards of soil from that site to the Township’s North Prospect Park where it will be used to level out the site. The Township administrative staff recently met with the owners of Danbury Park Manor and Sycamore Meadows apartment complexes. The increased police patrols have resulted in a reduction in crime in the area. Supervisor McFarlane said management needs to do other things in order to continue with the reduction of the problems. Designated visitor parking, better screening of new residents, more enforcement of house rules and more wholesome activities for the children are all things management can do to improve the situation. The Township is working with the owners of the Prospect Pointe East subdivision to barricade a street which has become a nuisance. Due to its isolated location, it attracts people who park there and engage in inappropriate activities.


B. DEPARTMENT REPORTS: BUILDING DEPARTMENT, FIRE DEPARTMENT, FIRE MARSHALL MAY AND JUNE 2009, HOSPITAL ALARM, ORDINACE OFFICER REPORT, PARK COMMISSION MINUTES, SHERIFF’S REPORT, UTILITY DEPARTMENT AND ZONING REPORT

It was moved by Lewis, seconded by Caviston, that all reports be received.

The motion carried by a voice vote.
C. TREASURERS INVESTMENT REPORT

Treasurer McKinney provided a written report listing all the accounts where the Township’s funds are invested. She reported that due to low interest rates, the Township’s revenue from interest is lower than last year. However, the Township’s funds are very safe, as they are all invested in insured or U.S. Government backed securities.

It was moved by Caviston, seconded by McKinney, that the Treasurer’s Investment Report be received.

The motion carried by a voice vote.


8. COMMUNICATIONS

A. YCUA WATER RATE INCREASE

YCUA indicated in a letter dated July 8, 2009 contained a sixty-day notice that effective November 1, 2009, the Ypsilanti Water Rate will be increased by 5.75% and effective September 1, 2009 the second step rate will be increased to $1.94 per 100 cubic feet.


It was moved by Caviston, seconded by Lewis, to accept the communication from YCUA which outlines water rate increases.

The motion carried by a voice vote.

B. ANN ARBOR TOWNSHIP INCREASE OF WATER AND SEWER RATES

A letter from Ann Arbor Township indicated that the on June 16, 2009, the Ann Arbor Township Board of Trustee approved new water and sewer rates of 4.42/100 cubic feet with a 10% penalty after 30 days and a new sewer rate of 4.59/100 cubic feet with 10% penalty after 30 days.

It was moved by Caviston, seconded by McKinney, to accept the communication from Ann Arbor Township which indicates that the water and sewer rates will be increased.

The motion carried by a voice vote.


C. WASHTENAW COUNTY ROAD COMMISSION, PLYMOUTH ROAD CLOSURE

A Media Advisory from the Washtenaw County Road Commission, with an issue date of June 23, 2009, indicated that the Plymouth Road Bridge over Fleming Creek will be reconstructed and there will also be road improvements to the area. This will require that Plymouth Road be closed at the bridge. Access for local traffic will be allowed. However, no through traffic will be allowed. The closure starts on Monday, June 29, 2009 and the project is expected to be completed and the road re-opened in late September 2009.

It was moved by Caviston, seconded by Lewis, to accept the communication from the Washtenaw County Road Commission concerning the closing of Plymouth Road.

The motion carried by a voice vote.


D. WASHTENAW COUNTY ROAD COMMISSION, GOTFREDSON ROAD CLOSURE

A Media advisory from the Washtenaw County Road Commission, with an issue date of July 16, 2009, indicated that the corner of Plymouth and Gotfredson Roads will be under going improvements. These improvements include the installation of a traffic control light and left-turn lanes. There area will also receive some installation of storm sewers, concrete curb and gutter, and hot mix asphalt paving. These projects will require the closing of Gotfredson Road, south of Plymouth Road. The road will be closed beginning Monday, July 20, 2009. It is expected that the project will be completed and the road re-opened in early September.

It was moved by Phillips, seconded by McKinney, to accept the communication from the Washtenaw County Road Commission concerning the improvement of the Gotfredson and Plymouth Road intersection and the closing of Gotfredson Road.

The motion carried by a voice vote.


E. ROUNDABOUT AT PLYMOUTH AND FORD ROADS

Supervisor McFarland forwarded an e-mail to the Washtenaw Area Transportation Study group to request that the construction of a round-about at the intersection of Plymouth and Ford Roads be submitted to the long range plan. This is the first step to secure federal funding to complete the project. It may take ten years, or more, before the project is actually approved for funding by the federal government.

It was moved by Phillips, seconded by Caviston, to receive the e-mail communication that Supervisor McFarlane forwarded to WATS requesting that the Plymouth and Ford Road intersection be added to the long-range plan for a round-about.

The motion carried by a voice vote.



F. ATTORNEY JAMES A. FINK LETTER, RE: UTILITY MAINTENANCE BUILDING

J.L. Judge Construction Services, LLC, built the Utility Department’s Maintenance Building. The Township took possession of the completed building in March 2008 and almost immediately had problems with the roof leaking. J.L. Judge Construction has made numerous attempts to fix the roof. However, it still leaks. Attorney Fink forwarded a letter to J.L. Judge offering them one last opportunity to properly fix the roof. If they fail to be successful, the Township will hire an outside firm to remedy the leaking and then seek reimbursement from J. L. Judge.

It was moved by Caviston, seconded by McKinney, to accept the communication written on behalf of the Township by Attorney James A. Fink in which he requests J.L. Judge Construction Services to properly remedy the defects in the roof of the Utility Maintenance Building.

G. AATA, A-RIDE REPORT

AATA provide the breakdown of total A-Rides provided in Superior Township for the months of April, May and June 2009.

It was moved by Caviston, seconded by McKinney, to receive the communication from AATA with the A-Ride statistics.

The motion carried by a voice vote.

9. UNFINISHED BUSINESS
A. ORDINANCE #177, REPEAL AND REPLACE ORDINANCE #93 REGULATION FOR MINORS AND MINOR CHILDREN, SECOND READING

It was moved by Caviston, seconded by McKinney, that the Superior Township Board approve the following resolution for second reading:



SUPERIOR CHARTER TOWNSHIP BOARD

WASHTENAW COUNTY, MICHIGAN

JULY 20, 2009
A RESOLUTION TO ADOPT ORDINANCE NO. 177- REGULATION OF MINORS AND MINOR CHILDREN, WHICH REPEALS AND REPLACES ORDINANCE NO. 93 - REGULATION OF MINORS AND MINOR CHILDREN
WHEREAS Superior Charter Township has an ordinance, Ordinance No. 93, adopted in 1987, which provides for the regulation of minors and minor children; establishes curfews for minors and minor children; requires that parents of minors and minor children not allow their children who are minors or minor children to violate curfew or commit any criminal act, or tend to come under the jurisdiction of the probate court; and fixes penal fines for violations of the provisions of the ordinance.; and
WHEREAS the Township Board has reviewed Ordinance No. 93 and found that it no longer fully protects the health, safety, and welfare of minors and minor children; and

WHEREAS, enforcing a reasonable curfew for minors and minor children contributes to the health, safety and welfare of the minors and minor children, and also contributes to the peace and safety of residents; and

WHEREAS the representatives of the Washtenaw County Sheriff’s Department have requested that Superior Township amend its curfew ordinance so that it is consistent with neighboring communities, making interpretation and enforcement easier;
NOW, THEREFORE, BE IT RESOLVED, that the Superior Charter Township Board hereby approves for first reading the following Ordinance No. 177- Regulation of Minors and Minor Children, which repeals and replaces Ordinance No. 93- Regulation of Minors and Minor Children. Per MCL 42.22, said Ordinance shall be effective immediately upon publication thereof.

CHARTER TOWNSHIP OF SUPERIOR

WASHTENAW COUNTY, MICHIGAN
ORDINANCE No. 177
REGULATION OF MINORS AND MINOR CHILDREN
WHEREAS, the Charter Township of Superior Board of Trustees having determined

there exists a specific local problem related to the lack of supervision and misbehavior of minors within the lawful limits of this Township, and it having been determined that it is the responsibility of parent(s) and/or legal guardians(s) to ensure that their minor children

or ward(s) avoid such misbehavior in violation of the ordinance;
NOW, THEREFORE, THE CHARTER TOWNSHIP OF SUPERIOR,

WASHTENAW COUNTY, MICHIGAN ORDAINS:

Section 177.01 Curfew for Minors Under Age Thirteen (13) - It shall be unlawful for a minor under the age of thirteen (13) years to be upon any outdoor public place, including, but not limited to, any street, sidewalk, alley, park, playground, vacant lot, or any other outdoor area open to the general public, within the Township of Superior between the hours of 10:00 P.M. and 6:00 A.M. unless the minor is accompanied by a parent or guardian. or an adult delegated by the parent or guardian to accompany the minor.


Section 177.02 – Curfew for Minors Under Age Eighteen (18) - It shall be unlawful for a minor under the age of 18 years to be upon any outdoor public place, including, but not limited to, any street, sidewalk, alley, park, playground, vacant lot, or any other outdoor area open to the general public, between the hours of 11:00 p.m. through 5:30 a.m.
Section 177.03 – Exceptions- The curfew restrictions of Sections 1 and 2 of this Ordinance shall not apply to a minor under the age of 18 years if: 
(1)   The minor is accompanied by his or her parent, legal guardian, or other responsible adult having the care or custody of the minor;
(2)   The minor is going to or returning from work; provided that the minor's hours of employment do not violate state law.
Section 177.04 – Responsibility of Parents and Guardians- It shall be unlawful for any person, parent, or guardian to allow or permit, or to assist, aid, abet, or encourage any minor under the age of eighteen (18) years to violate the provisions of Sections 1 and 2 hereof, to commit any criminal act, or to come or tend to come under the jurisdiction of the juvenile division of the probate court as defined in MCL 712A.2.

Section 177.05 – Penalty- Any person found violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction may be sentenced to a fine of not more than $500.00 and/or 90 days in jail.

Section 177.06 – SeverabilityIf any section, sub-section, clause, phrase or portion of

the ordinance is for any reason held invalid or unconstitutional by any court of competent

jurisdiction, such portion shall be deemed a separate, distinct, and independent portion of

this ordinance, and such holding shall not affect the validity of the remaining portion of

this ordinance.
Section 177.07 – Repeal- All ordinances or parts of an ordinance in conflict with this ordinance are hereby repealed. The existing Ordinance No. 93, being an ordinance to regulate minors and minor children effective July 16. 1987, is hereby repealed. The repeal provided herein shall not abrogate or affect any offense or act committed or done, or any penalty or forfeiture incurred, or any pending fee, assessments, litigation or prosecution of any right established, occurring prior to the effective date hereof.

Section 177.08Publication and Effective Date – This Ordinance shall be published pursuant to Section 8 of the Charter Township Act, being MCL 42.8 by posting in the Office of the Clerk, 3040 N. Prospect, Ypsilanti, 48198, and on the Township website – www.superior-twp.org – with notice of such in The Ypsilanti Courier, a newspaper of general circulation in the Township, qualified under state law to publish legal notices, and the same shall be recorded in the Ordinance Book of the Township, and such recording authenticated by the signatures of the Supervisor and Clerk. Per MCL 42.22, said Ordinance shall be effective immediately upon publication thereof.

Roll call vote:

Ayes: McKinney, Phillips, Caviston, Lewis, Williams, McFarlane
Nays: None
Absent: Green
The motion carried.


  1. NEW BUSINESS




    1. UTILITY DEPARTMENT , ST. JOSEPH HOSPITAL RIGHT OF ACCESS HOLD HARMLESS AGREEMENT

Rick Church explained that St. Joseph Hospital has requested to use a metering pit belonging to the Superior Township Utility Department to monitor the Hospital’s wastewater prior to it entering the publicly owned wastewater system. The Hospital will be installing monitoring equipment in the pit and will have staff members entering and working in the pit. This agreement, which was drafted by the Utility Department’s legal counsel, holds the Township harmless against any claims resulting from, or associated with the Hospital staff’s use of, or activities in the metering pit.


It was move by Phillips and seconded by Lewis to authorize the Township Supervisor to sign the Right of Access and Hold Harmless Agreement with St. Joseph Mercy Hospital.

Roll call vote:


Ayes: McFarlane, McKinney, Phillips, Caviston, Lewis, Williams
Nays: None
Absent: Green
The motion carried.



    1. UTILITY DEPARTMENT , ASPHALT REPAIR BIDS

This past winter, a sink hole developed in the front yard of 8736 Nottingham Drive. The Utility Department excavated the hole and implemented measures to stop the erosion. They used cold-patch asphalt to complete temporary repairs of the driveway and curb. They now want to complete permanent repairs using hot-patch asphalt. Rick Church, Utility Department Director, solicited three bids for the project. He recommends accepting the bid from Bostwick Co., Inc. for the amount of $1,325.00. They were the lowest bid and have successfully completed work for the Utility Dept. in the past.

It was moved by Caviston, seconded by McKinney, to authorize the Utility Director, Rick Church, to hire Bostwick Co., Inc. as an independent contractor to complete sidewalk repair and curb repair work, as outlined by their proposal dated May 21, 2009, on 8736 Nottingham Drive for an amount not to exceed $1,325.00. The contractor will be required to sign Superior Township’s standard agreement for independent contractors.

The motion carried by a voice vote.


    1. BUILDING DEPARTMENT PERMIT FEE SCHEDULE

Rick Mayernik, Building Official, forwarded a Memo to the Board which indicated that he was recommending that the fees charged by the Building Department for permits and other services be increased. He noted that the present fees are among the lowest of all the communities in Washtenaw County. The proposed increases will result in Superior Township’s fees being comparable with surrounding communities.

The following Resolution was moved by McKinney, seconded by Caviston.

CHARTER TOWNSHIP OF SUPERIOR

WASHTENAW COUNTY, MICHIGAN



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