May 12, 2009
May 18th, 09
CHARTER TOWNSHIP OF PENNFIELD
REGULAR MEETING MINUTES
MAY 12, 2009
Supervisor Behnke called the meeting to order at 7:00 PM at the Pennfield Middle School cafeteria. Present were Supervisor Behnke, Clerk Case, Treasurer Phillips and Trustees
Bartlett, Beard, Bordine-Houseman and Ensign. There were eight residents present. A moment of silence was observed and Supervisor Behnke led the Pledge of Allegiance.
PRESENTATIONS/PROCLAMATIONS
None
CITIZEN/PUBLIC COMMENT
Two residents spoke; one spoke about wanting an update from the Calhoun County Road Commission on fixing the railroad tracks on McAllister Road. The second resident spoke
about how to clean up the property on Pine Lake Road.
ADDITIONS/DELETIONS
There were no additions or deletions to the agenda. It was moved by Treasurer Phillips and
supported by Trustee Ensign to accept the agenda as presented. Motion carried.
CONSENT ADGENDA
It was moved by Treasurer Phillips and supported by Trustee Ensign to approve the Consent Agenda consisting of the following items:
1) Meeting minutes of April 14, 2009
2) Utilities Division monthly report (see Addendum A)
3) Code Compliance monthly report (see Addendum A)
4) Permits Department monthly report ( see Addendum A)
5) Assessors Department monthly report (see Addendum A)
DEPARTMENT REPORTS
POLICE: Lt. Eddy from the Calhoun County Sheriff’s Department was asked to be excused from the Board Meeting due to a training session, therefore, no report was given.
FIRE: Chief Smith gave the fire report. The stats for the month of April, 2009 are as follows:
There were 82 calls for the month broken down as follows: 4 fire, 44 rescue & emergency medical service incidents, 18 hazardous condition (no fire), 7 service calls, 7 good intent calls and 2 false alarms. There were two department drills.
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Meeting Minutes 5/12/09
UNFINISHED BUSINESS
None
NEW BUSINESS
1) It was moved by Treasurer Phillips and supported by Trustee Ensign to approve the one year Wal-Mart extension request for Site Plans and Special use permits. Motion carried.
2) Adoption of Pennfield Charter Township Resolution #09-25
PENNFIELD CHARTER TOWNSHIP RESOLUTION 09-25
(a Resolution authorizing the purchase of a valve turner for the Pennfield Township Utilities Division)
BE IT RESOLVED, that the Pennfield Township Board hereby authorizes the purchase of a new valve turner, through Wheeler-Rex, for use by the Pennfield Township Utilities Division at a cost not to exceed $6,000.00 (shipping costs excluded).
Moved by: Treasurer Phillips Supported by: Trustee Ensign
Supervisor Behnke – yes Trustee Ensign – yes
Clerk Case – yes Trustee Bordine-Houseman – yes
Treasurer Phillips – yes Trustee Beard – yes
Trustee Bartlett – yes
Vote shows 7 yes, -0- no and -0- excused. Resolution #09-25 stands adopted.
3) Adoption of Pennfield Charter Township Resolution #09-26
PENNFIELD CHARTER TOWNSHIP RESOLUTION 09-26
(a Resolution authorizing a Police Services Agreement between Pennfield Charter Township and the Calhoun County Sheriff’s Department)
WHEREAS, Pennfield Charter Township desires to enter into a five (5) year agreement with the Calhoun County Sheriff’s Department to provide police services to the Township; and
WHEREAS, the terms of the contract shall be from July 1, 2009 to June 30, 2014, and Pennfield Charter Township does agree to compensate the Calhoun County Sheriff’s Department for its police services as outlined in the attached agreement, so
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Meeting Minutes 5/12/09
Resolution #09-26 cont.
NOW, THEREFORE BE IT RESOLVED, that the Pennfield Charter Township Board of Trustees hereby authorizes the Township Supervisor to enter into a five (5) year agreement for police services with the Calhoun County Sheriff’s Department and the Calhoun County Board.
Moved by: Treasurer Phillips Supported by: Trustee Ensign
Supervisor Behnke – yes Trustee Bordine – Houseman – yes
Clerk Case – yes Trustee Beard – yes
Treasurer Phillips – yes Trustee Bartlett – yes
Trustee Ensign – yes
Vote shows 7 yes, -0- no and -0- excused. Resolution #09-26 stands adopted.
4) Adoption of Pennfield Charter Township Ordinance #120-05-09 of 2009
ORDINANCE NUMBER #120-04-09 OF 2009
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF PENNFIELD CHARTER TOWNSHIP SO AS TO ADD A CHAPTER 15 ESTABLISHING A DOWNTOWN DEVELOPMENT AUTHORITY PURSUANT TO 1975 PA 197 AND DESIGNATING THE BOUNDARIES OF A DOWNTOWN DISTRICT WITHIN WHICH THE AUTHORITY SHALL EXERCISE ITS POWERS.
THE CHARTER TOWNSHIP OF PENNFIELD ORDAINS:
SECTION 1. Chapter 15 of the Pennfield Charter Township Code of Ordinances is hereby created to read as follows:
Article I. Downtown Development Authority.
15-1. Definitions. The terms used in this article shall have the same meaning as given them in 1975 PA 197 or as hereinafter in this section provided, unless the context clearly indicates to the contrary. As used in this article:
“Act 197" means Public Act Number 197 of 1975 (MCL 125.1651 et seq.).
“Authority” means the Downtown Development Authority of the Township created by
this article.
“Board” and “Board of Directors” means the Board of the Directors of the Authority.
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Meeting Minutes 5/12/09
Ordinance #120-04-09 of 2009 cont.
“Downtown District” means the downtown district designated in this article or as hereafter amended.
15-2. Creation of Authority. There is hereby created pursuant to Act 197, as amended, a Downtown Development Authority for the Charter Township of Pennfield. The Authority shall be a public body corporate and shall be known and exercise its powers under the title of “Downtown Development Authority of Pennfield Charter Township.”
15.3 Powers of the Authority.The Authority shall possess all of the powers necessary to carry out the purposes of its incorporation and shall have all powers provided by Act 197. The Authority may adopt a seal, sue and be sued in any court of this state. Enumeration of a power in this section or in Act 197 shall not be construed as a limitation upon the general powers of the Authority.
15.4. Description of Downtown District.The geographical area in which the Pennfield Charter Township Downtown Development Authority shall exercise its authority shall consist of a district located within the boundaries of Pennfield Charter Township and described as follows:
15.5. Establishment of Governing Board.The Authority shall be under the supervision and control of a board consisting of the Township Supervisor and eight (8) members. The members of the board shall be appointed by the Supervisor subject to approval by the Township Board. Eligibility for membership on the board and terms of office shall be as provided in Act 197. A member shall hold office until the member’s successor is appointed. At least a majority of the members of the Downtown Development Board shall be persons having an interest in property located in the Downtown District. Of the members first appointed to the Downtown Development Board, an equal number of the members, as near as is practicable, shall be appointed for one (1) year, two (2) years, three (3) years, and four (4) years. Subsequent appointments shall be for a term of four (4) years. Appointments to fill vacancies shall be made by the Township Supervisor for the duration of each un-expired term only. The chairperson of the board shall be elected by the board.
15.6. Termination.Upon completion of its purposes, the Authority may be dissolved by an ordinance duly adopted by the Township Board. The property and assets of the Authority after dissolution and satisfaction of its obligations, shall revert to the Township.
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Meeting Minutes-5/12/09
Ordinance #120-04-09 cont.
SECTION 2. SEVERABILITY OF INVALID PROVISIONS. If any provision of this Ordinance shall be held invalid, its invalidity shall not effect any other provisions of this Ordinance that can be given effect without the invalid provision, and for this purpose the provisions of this Ordinance are hereby declared to be severable.
SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its publication, which publication shall take place within thirty days from the date of adoption and shall be in a local newspaper of general circulation.
This Ordinance is hereby declared to have been passed and adopted by the Pennfield Charter Township, County of Calhoun, State of Michigan, at a regularly scheduled meeting thereof duly called and held on May 12, 2009.
Moved by: Treasurer Phillips Supported by: Trustee Ensign
Supervisor Behnke – yes Trustee Beard – yes
Clerk Case – yes Trustee Bartlett – yes
Treasurer Phillips – yes Trustee Ensign – yes
Trustee Bordine-Houseman – yes
Vote shows 7 yes, -0- no and -0- excused. Ordinance #120-04-09 of 2009 stands adopted.
TREASURERS’ REPORT
April, 2009 Treasurers’ report shows the following balances on hand:
General Fund $1,438,832.98
Metro Act-Maint 1,402.15
Parks 12,975.12
Public Safety 0.00
Sewer 854,754.75
Water 489,567.68
Trust & Agency 8,421.61
Tax Collection 46.90
Paving Assessment 0.00
TOTAL: $2,803,001.19
It was moved by Trustee Bordine-Houseman and supported by Trustee Ensign to receive and place on file the Treasurers’ report. Motion carried.
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Meeting Minutes 5/12/09
PAYMENT OF BILLS
It was moved by Treasurer Phillips and supported by Trustee Ensign to approve the payment of the monthly bills in the amount of $272,467.39 (see addendum). Motion carried.
CITIZEN/PUBLIC COMMENTS
Two citizens spoke. One spoke about an update with the burning permit situation. The second citizen that spoke is a representative from Atwell-Hicks, the civil engineer firm which represents Wal-Mart. He gave an update on the plans for Wal-Mart.
TOWNSHIP BOARD COMMENTS
Clerk Case announced that there will be an August election. Trustees Bartlett and Ensign both
expressed appreciation for the work on the Sheriff’s contract and applauds the communication from Supervisor Behnke to the Trustees.
ANNOUNCEMENTS BY CHAIRPERSON
Supervisor Behnke made the following announcements: The Utilities Department will be conducting the municipal water main flushing the week of May 25th from 7:00 am to 4:00 pm each day. The next recycling weekend is May 23 and 24th. The Township office will be closed Monday, May 25th in observance of Memorial Day. It was moved by Treasurer Phillips and supported by Trustee Ensign to adjourn the meeting at 7:30 pm. Motion carried.
____________________________ ________________________________
Robert P. Behnke, Jr. Kathleen R. Case
Township Supervisor Township Clerk
Meeting Minutes 5/12/09
Addendum A – Department Reports
UTILITIES REPORT
There were 1,200 meter reads for the month of April, 2009. The stats for the month of April were as follows: 12 corrective work orders (repair/install meters, radio read boxes, repair wires),
37 Miss Digs. The monthly bacterial samples came back negative for the month.
ASSESSOR/ZONING
All homestead & property transfer affidavits are current. 29 transfers of property were processed for the months of March and April. 12 were market sales, 17 were foreclosure related.
CODE ENFORCEMENT
Property inspections for blight and zoning violations were conducted. There were 12 complaints/violations for the month as follows:
07 – junk, trash & rubbish
04 – inoperable vehicles
00 – tall grass & weeds
01 – front yard parking
00 - parking/storage of recreational type vehicles
00 - unsafe structure
00 – township ordinance
00 – zoning ordinance
PERMITS
The following permits were issued for the month of April 2009:
Building 4 permits (PB09-007 thru PB09-10)
Electrical 3 permits (PE09-006 thru PE 09-008)
Mechanical 4 permits (PM09-017 thru PM 09-020)
Plumbing 1 permit (PP09-006)
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