SPRINGFIELD TOWNSHIP BOARD MEETING March 13, 2014 SYNOPSIS CALL TO ORDER: 7:30 p.m. by Supervisor Walls PLEDGE OF ALLEGIANCE ROLL CALL AGENDA ADDITIONS & CHANGES: PUBLIC COMMENT: Ken Hurst, 13180 Hummingbird Ridge commended the Fire Department for the excellent service and volunteer assistance to his family beyond the call of duty. Bob Hoffman, Oakland County Commissioner, stated that Mr. Hurst was an Oakland County Sheriff for 33 years and for the last five years has been the Police Chief in Keego Harbor. Jim Runestad, Oakland County Commissioner, introduced himself to the Board and stated that he is running for State Representative for the 44th District. CONSENT AGENDA: a) Approved Minutes: Joint Meeting of Township Board and Parks Commission January 14, 2014, Joint Meeting of Township Board and Planning Commission January 21, 2014 and Regular Meeting February 13, 2014 with additional disbursements $158,223.10 b) Accepted February 2014 Treasurer’s Report c) Received February 2014 Monthly Reports: Building, Electrical, Plumbing, Mechanical, Ordinance, Police, Fire, CDBG, Assessing, IT and Comp Time d) Authorized payment of bills as presented, totaling $38,583.92 e) Rescinded General Fund budget amendment motion of February 13, 2014 to increase consultants cost center from $62,000 to $75,000 and decrease Fund Reserves from $60,000 to $55,000 because it was unnecessary f) Authorized Supervisor to submit support letter for White Lake Township Hidden Pines Park Development application to Michigan Department of Natural Resources g) Received Communications and placed on file PUBLIC HEARING: OLD BUSINESS: 1. Tabled from January 9, 2014 meeting – Davisburg Community Sewer System feasibility and Second Reading of Amendments to Code of Ordinances, Chapter 36, Article III: Adopted amendment as revised to include three parcels in Downtown Davisburg 2. Fire Chief replacement process and requirements: Appointed Ryan Hart and Dean Farner to Recommending Committee, approved selection process and adopted new Fire Chief job description effective June 1, 2014 3. Huron Creek Site plan and Special Land Use extension: Extended approval through March 2015 NEW BUSINESS: 1. 401 K Plan – Policies and document update/correction: Authorized Supervisor to contract with PenServ and established a budget of $3,500 2. Township Engineer rate schedule - Proposal from Hubbell Roth & Clark: Approved new rate schedule 3. METRO Act Permit Application from Fibertech Networks: Approved application 4. Fire Department Retention Options and review process: Established committees to address retention 5. Public and Private road 2014 chloride program: Authorized contract with Road Commission for public roads at $0.22 per foot for 4 applications; accepted proposal for Road Maintenance Corporation for private roads at $0.105 per foot 6. Closed Session – To discuss pending litigation with Township Attorney: Entered closed session at 8:56 p.m. Reconvened to open session at 9:12 p.m. Directed attorney to proceed as discussed in closed session PUBLIC COMMENT: ADJOURNMENT: 9:13 p.m. Laura Moreau, Clerk Minutes of REGULAR MEETING Held MARCH 13, 2014 Township of Springfield Laura Moreau, Clerk Call to Order: Supervisor Walls called the March 13, 2014 Regular Meeting of the Springfield Township Board to order at 7:30pm at the Springfield Township Civic Center, 12000 Davisburg Road, Davisburg, MI 48350. Pledge of Allegiance Roll Call: Board Members Present Collin Walls Laura Moreau Jamie Dubre Judy Hensler David Hopper Dennis Vallad Township Supervisor Township Clerk Township Treasurer Township Trustee Township Trustee Township Trustee Board Members Not Present Marc Cooper Township Trustee Others Present Greg Need Township Attorney Agenda Additions & Changes: None Public Comment: Ken Hurst, Hummingbird Ridge, commended the fire department on the way they responded when he suffered a double aneurism in November and then coming out to his house on their own time to hand shovel his driveway during snow storms so that his wife could get out and visit him at the hospital. Bob Hoffman introduced himself to the Board, he is the Oakland County Commissioner for District #2. Jim Runestad introduced himself and noted he is running for the State House of Representatives, 44th District position; and he is currently the County Commissioner for White Lake and Waterford. 1 Minutes of REGULAR MEETING Held MARCH 13, 2014 Township of Springfield Laura Moreau, Clerk Consent Agenda: * Trustee Hopper moved to approve the Consent Agenda as presented. Trustee Vallad supported the motion. Vote on the motion. Yes: Dubre, Hensler, Hopper, Moreau, Vallad and Walls; No: None; Absent: Cooper. The motion carried by a 6 to 0 vote. a) b) c) d) e) f) Approve Minutes: Joint Meeting of Township Board and Parks Commission January 14, 2014, Joint Meeting of Township Board and Planning Commission January 21, 2014 and Regular Meeting February 13, 2014 with additional disbursements $158,223.10. Accept February 2014 Treasurer’s Report Receive February 2014 Monthly Reports: Building, Electrical, Plumbing, Mechanical, Ordinance, Police, Fire, CDBG, Assessing, IT and Comp Time Authorize payment of bills as presented, totaling $38,583.92 Rescind General Fund budget amendment motion of February 13, 2014 to increase consultants cost center from $62,000 to $75,000 and decrease Fund Reserves from $60,000 to $55,000 because it was unnecessary Authorize Supervisor to submit support letter for White Lake Township Hidden Pines Park Development application to Michigan Department of Natural Resources Receipt of Communications: − Letter from Township Attorney Gregory K. Need regarding Michigan Supreme Court decision addressing medicinal marijuana − Construction Status update regarding Oak Hill Road from Road Commission for Oakland County − Holly Area Youth Assistance Board of Directors minutes of January 9, 2014 − Notice of new Public Protection Classifications from Insurance Service Office, Inc. Public Hearing: None Old Business: 1. Tabled from January 9, 2014 meeting – Davisburg Community Sewer System feasibility and Second Reading of Amendments to Code of Ordinances, Chapter 36, Article III 2 Minutes of REGULAR MEETING Held MARCH 13, 2014 Township of Springfield Laura Moreau, Clerk Supervisor Walls noted a letter was received on behalf of some of the Davisburg businesses that did not indicate a willingness to move forward on a community sewer system. Based on this response, the Township is left with no other option than to proceed with the Ordinance limited to the two property owners the Township has already committed space to on the lumberyard property. Trustee Hensler read a prepared statement regarding her disappointment with the tone of the letter received from the Davisburg business owners. She noted the Board has spent many hours and thousands of dollars in an attempt to help the downtown area prosper and without a functioning sewer system, it will not survive. It was her position to no longer continue putting the “Township’s time, money and effort toward a project that has no support from people it was meant to help.” Clerk Moreau also commented there is no point in continuing the effort for a community septic system. This was the second effort in the last few years and the entire Board has shown a genuine concern for the viability of the downtown area. She pointed out some fundamental disagreements between the Township and the business owners in areas of need, commitment and responsibility. With this latest response, the property owners have indicated they do not accept the Boards outlook and believe their property’s can be altered to accommodate lawful individual septic systems. It was her opinion the Township should not commit to a process if business owners aren’t also willing to commit. She noted the Board’s intent at the July 11, 2013 Board meeting and that it extended its November 1, 2013 deadline several times to allow business owners to investigate options and costs and indicate to the Board if they want to move forward with a community system. It has been indicated that the business owners want the Township to provide a full investigation after which they should be entitled to vote on any effort to move ahead. The Township can not force this on property owners and she believes the Township should discontinue this process and not invest any more time or funds. Trustee Hopper concurred with the comments from both Trustee Hensler and Clerk Moreau. He asked that since there were some modified amendments to the ordinance, if it had to be re-published. Attorney Need responded he didn’t believe so since they were minor and actually a reduction to what was originally published; it was his opinion the Board could go ahead and adopt the Ordinance this evening. Supervisor Walls asked for any comments or suggestions on the Ordinance. Clerk Moreau recommended the lumberyard property be included in the district definition; parcel #U-07-17-180-015; and asked if the payback arrangements should still be included in the Ordinance. Attorney Need suggested it be left in, they may be needed at a later date. 3 Minutes of REGULAR MEETING Held MARCH 13, 2014 Township of Springfield * Laura Moreau, Clerk Supervisor Walls moved to adopt the Ordinance as presented this evening which would establish the Davisburg Community Sewer District for three (3) parcels - parcel #07-17-180-002, #07-17-180-008, and 17-180-015; effective upon publication of the Notice of Adoption. Clerk Moreau supported the motion. Vote on the motion. Yes: Dubre, Hensler, Hopper, Moreau, Vallad and Walls; No: None; Absent: Cooper. The motion carried by a 6 to 0 vote. Supervisor Walls asked Attorney Need to move ahead with whatever agreements are needed for the two parties that are already using the lumberyard parcel for discharge. 2. Fire Chief replacement process and requirements The Board discussed who they thought the representatives should be from the fire department for the “Recommending” Committee whose job it will be to process applications for the Fire Chief position. The Board was equally split on their recommendations based on the report of active members of the fire department as well as non-active members that were associated with the fire department. * Supervisor Walls moved that the Springfield Township Board appoint Dean Farner and Ryan Hart to serve on behalf of the fire department to the Fire Chief Applicant Review Committee. Trustee Hensler supported the motion. Treasurer Dubre reiterated it was her opinion that the serving members on the committee should be currently active members of the fire department; in addition Randy Harless and Ryan Hart both came to individual Board members with their thoughts, ideas and comments well before the Recommending Committee was being formed; and they received the most votes from their peers. Clerk Moreau acknowledged Mr. Harless’ initiative and stated that even if he is not appointed to this committee, his help is needed with other efforts. Vote on the motion. Yes: Hensler, Moreau, Vallad and Walls; No: Dubre and Hopper; Absent: Cooper. The motion carried by a 4 to 2 vote. 4 Minutes of REGULAR MEETING Held MARCH 13, 2014 Township of Springfield Laura Moreau, Clerk Supervisor Walls asked for any suggestions or changes to the review process recommended by the Township’s HR consultant; he also noted that 20 applications have already been received. There were no further comments or suggestions on the process from the Board. There were also no comments or suggestions from the Board regarding the provided job description for Fire Chief. Supervisor Walls noted the job description should be formally adopted by the Board subject to possible changes by the new chief once hired. * Clerk Moreau moved to adopt the Springfield Township Fire Chief Job Description as presented tonight effective June 1, 2014. Trustee Vallad supported the motion. Vote on the motion. Yes: Dubre, Hensler, Hopper, Moreau, Vallad and Walls; No: None; Absent: Cooper. The motion carried by a 6 to 0 vote. Supervisor Walls made mention of the enclosed job posting which is on many websites, has been sent to all fire departments in Genesee and Oakland Counties, and is on the Township’s website and cable station. Erin Mattice will be organizing the applications and will email them to everyone on the Recommending Committee immediately after April 1st. Supervisor Walls will be getting with the Committee within the next week or so to set up a meeting to discuss how the committee should operate and proceed. 3. Huron Creek Site plan and Special Land Use extension Supervisor Walls noted the information he provided from a recent telephone call with Mr. Avesian who represents the development. Apparently there is a letter from an interested party to purchase the property confirming they are doing their due diligence towards that effort however there is no purchase agreement signed yet. It was Supervisor Walls opinion that because there is someone actively looking at the property, there should be some type of extension. Clerk Moreau commented she is in favor of extending the Site Plan and Special Land Use for one year. She hopes that things work out the way both parties are envisioning but if it does not an approved Site Plan and Special Land Use is still needed to market the property. 5 Minutes of REGULAR MEETING Held MARCH 13, 2014 Township of Springfield * Laura Moreau, Clerk Clerk Moreau moved to extend the Huron Creek Site Plan and Special Land Use approval for one year through March 2015. Treasurer Dubre supported the motion. Vote on the motion. Yes: Dubre, Hensler, Hopper and Moreau; No: Vallad and Walls; Absent: Cooper. The motion carried by a 4 to 2 vote. New Business: 1. 401 K Plan – Policies and document update/correction Supervisor Walls explained that when the consultants hired to do the review of the Township’s HR personnel practices, policies, files, etc. was completed, there was concern about the Township’s 401K plan and it possibly not being up to date. The biggest concern was regarding compliance with Federal ERISA standards which were instituted in 1986 and regulates defined contribution plans. Because the Township’s 401K Plan was established prior to that, it is considered to be a “grandfathered” government nonERISA plan which allows the Township a great deal of administration flexibility. The other concern with the Township’s plan was that its record keeping was not as organized as it should be. Per Supervisor Walls’ memo dated March 3, 2013, he is recommending the Board hire a company called PenServ out of Pennsylvania. They are proposing to assist the Township by reviewing and updating all of its 401K documents as far back as 1983 for a fee of $2,500.00 plus an annual fee of $500 which will take care of filing the necessary amendment that needs to be done by 2016. Treasurer Dubre asked why Supervisor Wall requested an amount not to exceed $3,500? Supervisor Walls responded he included the extra $500 in case something arises that was not accounted for and then won’t have to come back to the Board for an amendment, however he does not anticipate that happening. Treasurer Dubre was in favor of the expenditure - this was one of the reasons an HR firm was hired, to see what might be needed and where. * Clerk Moreau moved to authorize the Supervisor to enter into an agreement with PenServ to update the Township’s 401K Plan and one year administration, and to establish a budget not to exceed $3,500.00; expenses to be charged to the Consultant Cost Center in the 2014 General Fund Budget. Trustee Vallad supported the motion. Vote on 6 Minutes of REGULAR MEETING Held MARCH 13, 2014 Township of Springfield Laura Moreau, Clerk the motion. Yes: Dubre, Hensler, Hopper, Moreau, Vallad and Walls; No: None; Absent: Cooper. The motion carried by a 6 to 0 vote. 2. Township Engineer rate schedule – Proposal from Hubbell Roth & Clark Supervisor Walls discussed the request from HRC regarding a proposed hourly rate increase for their services. He noted they provided a rate chart that showed their billing rate in 2006 compared to their current rate established in 2010 (which is lower); the rate chart also included what they are proposing for 2014 rates. HRC is also proposing that instead of attending all Planning Commission meetings, they attend one Planning Commission meeting during final site plan review and one meeting during the development process at the Board discretion. It was Supervisor Walls recommendation that meeting be with the developer prior to the start plans. The Board agreed. Trustee Hopper, being the Board representative on the Planning Commission, commented that HRC does a very good job for the Township and concurred with Supervisor Walls’ recommendation regarding their meeting attendance. * Trustee Vallad moved to approve the rate request changes for 2014 from Hubbell, Roth & Clark, Inc, as presented this evening in the Supervisor’s memo dated March 3, 2014; effective April 1, 2014. Trustee Hopper supported the motion. Vote on the motion. Yes: Dubre, Hensler, Hopper, Moreau, Vallad and Walls; No: None; Absent: Cooper. The motion carried by a 6 to 0 vote. 3. METRO Act Permit Application from Fibertech Networks Supervisor Walls noted the attorney’s letter dated March 4, 2014 that recommends the Township approve the application. It was clarified this is not for the AT&T project. * Trustee Hooper moved approve the METRO Act Permit between Fibertech Newworks, L.L.C. and Springfield Township as provided this evening; and to further authorize the Supervisor and Clerk to execute the permit on behalf of the Township. Trustee Vallad supported the motion. Yes: Dubre, Hensler, Hopper, Moreau, Vallad and Walls; No: None; Absent: Cooper. The motion carried by a 6 to 0 vote. 7 Minutes of REGULAR MEETING Held MARCH 13, 2014 Township of Springfield 4. Laura Moreau, Clerk Fire Department Retention Options and review process Included in the Board packet was information that Supervisor Walls compiled from other fire departments, an MTA ordinance, and the internet; as well as information on the subject obtained from Fire Chief Oaks, ideas from Trustee Hensler and Trustee Hopper’s report, and information from other Springfield Fire Department personnel. It was suggested that Trustee Hensler and Fireman Harless use this information to come up with a priority list along with estimated costs of some of the suggestions if there is one. Regarding a timeframe, Trustee Hensler said she would like to bring something preliminary back to the Board at its April meeting to ensure they are on the right track and then something more definitive at the May meeting. It was noted and discussed that Clerk Moreau offered to prepare a draft communication process or department operating procedures - how the Township Board and the fire department relate together with suggestions from the MTA ordinance. Included in this communication should be something about how the Board should approve and uphold new hires and promotions. Clerk Moreau again asked that any suggestions in this area be sent to her. Supervisor Walls commented there may be some operational concerns that the Board may or may not need to be involved with and asked Trustee Vallad if he work with him on something like this. It was Supervisor Walls’ intention to have some of this information in place for the new fire chief to be able to review. 5. Public and Private road 2014 chloride program Supervisor Walls commented that together the private road cost for 4 applications and the public road cost for 4 applications equals $57,500 and $72,000 was budgeted. * Trustee Hopper moved to authorize the Supervisor to enter into road chloriding for the year 2014 as follows: 1) for public roads with the Road Commission of Oakland County at $.22 per foot for four (4) applications with the corrections noted in the Supervisor’s memo dated March 7, 2014; and 2) the balance of private roads with Road Maintenance Corp. at $.105 per foot per application which equals $.42 per foot for four (4) applications as per their March 4, 2014 proposal including the addition of Meadow Lane; further, to include any private road where the property owners prepare the road and wish to participate. Trustee Vallad supported the motion. Yes: Dubre, 8 Minutes of REGULAR MEETING Held MARCH 13, 2014 Township of Springfield Laura Moreau, Clerk Hensler, Hopper, Moreau, Vallad and Walls; No: None; Absent: Cooper. The motion carried by a 6 to 0 vote. The Board discussed how requesting a fifth application would work being the Board is not committing to that at this time. If a fifth application is requested, there would be an additional charge for it at an increased rate. 6. Closed Session – To discuss pending litigation with Township Attorney * Supervisor Walls moved to go into Closed Session to discuss pending litigation with the Township Attorney. Trustee Vallad supported the motion. Roll Call Vote - Yes: Vallad, Moreau, Walls, Hopper, Hensler and Dubre; No: None; Absent: Cooper. The motion carried by a 6 to 0 vote. The Board entered Closed Session at 8:56 pm. The Board reconvened at 9:12 pm. * Clerk Moreau moved to direct the Township Attorney to proceed as directed in Closed Session. Treasurer Dubre supported the motion. Yes: Dubre, Hensler, Hopper, Moreau, Vallad and Walls; No: None; Absent: Cooper. The motion carried by a 6 to 0 vote. Public Comment: None Adjournment: Hearing no other business, Supervisor Walls adjourned the meeting at 9:13pm. _______________________________ Collin W. Walls, Township Supervisor ______________________________ Laura Moreau, Township Clerk 9 REGULAR MEETING March 13, 2014 Township of Springfield Laura Moreau, Clerk BILLS PRESENTED FOR PAYMENT: Clarkston Paper Schindler Elevator Corp. Smith’s Disposal Mat Rental Service American Water Technology Solutions Adkison, Need & Allen, PLLC Petty Cash Oakland Press Karen Binasio Designs By Nature, LLC Reserve Account Verizon Wireless Blue Care Network Carol Jones UNUM Collin Walls Quill (3) Brown & Brown of Michigan, Inc. (3) TOTAL GENERAL FUND $ 71.63 301.48 41.60 44.50 86.00 100.00 5,192.73 24.57 289.95 53.76 750.00 1,500.00 211.45 9,782.07 268.26 345.02 115.20 251.24 2,540.65 $ 21,970.11 BILLS PRESENTED FOR PAYMENT: Apollo Fire Equipment Douglas Safety Systems, LLC Marlan Hillman Lafontaine Automotive Group Michigan Water Conditioning Trace Analytics, LLC Adkison, Need & Allen, PLLC Blue Care Network UNUM Ecto HR Brown & Brown of Michigan, Inc. (3) Comcast Oakland County Mutual Aid Assoc. 52nd District Court (2) TOTAL FIRE FUND 42.08 330.00 219.37 339.83 22.50 225.00 2,171.00 1,729.80 92.55 1,350.00 3,347.34 143.73 3,000.00 173.00 $ 13,186.20 REGULAR MEETING March 13, 2014 Township of Springfield Laura Moreau, Clerk BILLS PRESENTED FOR PAYMENT: Verizon Wireless TOTAL POLICE FUND $ 101.60 $ 101.60 BILLS PRESENTED FOR PAYMENT: Blue Care Network General Fund Comcast UNUM TOTAL CABLE TV FUND $ 298.23 353.00 6.43 5.27 $ 662.93 BILLS PRESENTED FOR PAYMENT: None TOTAL CIVIC CENTER DEBT FUND $ 0.00 $ 0.00 BILLS PRESENTED FOR PAYMENT: BUILDING DEPARTMENT General Fund $ 900.00 Jeff Spencer 405.00 Jeff Shafer 135.00 Ron Shelton 208.00 Doug Weaver 178.75 Tim Koerber 186.65 Merle West (2) 295.75 Brian Claycomb 353.93 TOTAL $ 2,663.08 BILLS PRESENTED FOR PAYMENT: None TOTAL BILLS PRESENTED FOR PAYMENT: None TOTAL LAKE IMPROVEMENT FUND $ 0.00 $ 0.00 SOFTWATER LAKE FUND $ 0.00 $ 0.00 REGULAR MEETING March 13, 2014 Township of Springfield Laura Moreau, Clerk BILLS PRESENTED FOR PAYMENT: None TOTAL GRAND TOTAL FOR ALL FUNDS ELIZA LAKE FUND $ 0.00 $ 0.00 $ 38,583.92 ADDITIONAL DISBURSEMENTS ~ February 2014 for Approval at March 2014 Township of Springfield Laura Moreau, Clerk ADDITIONAL DISBURSEMENTS: Absolute Building Maintenance American Water Byers Wrecker Service Cardmembers Service Clarkston Paper Clinton River Watershed Council Coffee Break, Inc. DTE Energy (2) DTE Energy – Street Lighting Erin A. Mattice (2) Greg Kazmierski Lynn Harrison Michigan Wildflower Farm Oakland Schools Office Products Outlet Paetec Quill (3) Unicare TOTAL GENERAL FUND $ 2,735.00 87.50 204.00 2,174.59 190.00 250.00 72.50 1,512.44 2,244.37 266.00 35.94 133.00 824.50 251.32 44.99 808.04 218.12 198.37 $ 12,250.68 ADDITIONAL DISBURSEMENTS: Auto Parts by Mazza Petty Cash Comcast Consumers Energy (2) DTE Energy (2) ISG Infrasys LTM Auto Truck & Trailer National Parts Nextel Communications Oakland County Sheriff’s Dept. Office Depot Time Emergency Equipment Unicare TOTAL FIRE FUND $ 38.95 30.35 196.68 1,026.98 612.35 45.00 129.28 838.73 64.18 1,500.00 108.98 52.69 54.99 $ 4,699.16 ADDITIONAL DISBURSEMENTS ~ February 2014 for Approval at March 2014 Township of Springfield Laura Moreau, Clerk ADDITIONAL DISBURSEMENTS: Oakland County Sheriff’s Dept. TOTAL POLICE FUND $ 136,962.22 $ 136,962.22 ADDITIONAL DISBURSEMENTS: Unicare TOTAL CABLE TV FUND $ 3.52 $ 3.52 ADDITIONAL DISBURSEMENTS: TOTAL CIVIC CENTER DEBT FUND $ 0.00 $ 0.00 ADDITIONAL DISBURSEMENTS: Carlisle/Wortman Assoc. (2) General Fund TOTAL BUILDING DEPT FUND $ 2,814.55 64.97 $ 2,879.52 None ADDITIONAL DISBURSEMENTS: Waumegah Weed State of Michigan Susin Lake Auto Owners Insurance LAKE IMPROVEMENT FUND $ 800.00 TOTAL ADDITIONAL DISBURSEMENTS: 628.00 $ 1,428.00 TOTAL SOFTWATER LAKE FUND $ 0.00 $ 0.00 ADDITIONAL DISBURSEMENTS: None TOTAL ELIZA LAKE FUND $ 0.00 $ 0.00 GRAND TOTAL-ADDL. DISB. - ALL FUNDS $ 158,223.10 None
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