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Township Board Meeting Minutes - December 7, 2009

Proposed MINUTES OF THE REGULAR BOARD MEETING

OF

THE CHARTER TOWNSHIP OF CHESTERFIELD

December 7, 2009

The meeting was called to order by Supervisor Lovelock at 7:00 p.m. in the Charter Township of Chesterfield Municipal Offices at 47275 Sugarbush, Chesterfield, MI 48047.

Present: Supervisor Lovelock, Clerk Uglis, Treasurer Hartman

Trustees: DeMuynck, Ficht, Printz

Also Present: Deputy Clerk Wurmlinger, Township Attorney Seibert, Finance Director Victoria Bauer, Deputy Treasurer Ellen Clark

Excused: Trustee Bell

The meeting was opened with the Pledge of Allegiance led by Rachel McIlhargey.

 

 

PLEDGE OF ALLEGIANCE

Motion by DeMuynck, seconded by Ficht to approve the: 4A) Agenda as submitted. 4B) Approve the minutes of the Regular Board Meeting of November 16, 2009. 4C) Approve the Payment of Bills as submitted by the Finance Department. 4D) Approve Finance Department’s request to add the following accounts to the Standard List of Monthly Pre-approved Special Invoices; Comerica Credit Card, Lowes Credit Card, Home Depot Credit Card, Napa Auto Parts Account, and Advanced Auto Parts Account. 4E) Approve Finance Department’s request regarding the final budget amendments to the 2009 Budget and to complete all Inter-fund transfers. 4F) Approve Police Department’s request to renew the maintenance contract for the audio recording system with AT&T at a cost of $6,945.00. The contract is for one year, November 14, 2009 through November 12, 2010. 4G) Approve Police Department’s request to renew the maintenance contract for the Livescan Finger Roll System with ID Networks Identification Technologies at a cost of $3,495.00. The contract is for one year, November 1, 2009 through November 1, 2010. 4H) Approve Assessing Department’s request to adopt the "Federal Poverty Guidelines used for the Determination of Poverty Exemptions" for use by the Board of Review.

Ayes: All

Nays: None MOTION CARRIED

 

 

 

 

Motion by DeMuynck, seconded by Ficht to open the Public Hearing at 7:06 p.m. to hear comments on the proposed 2010 Township Budget.

Ayes: All

Nays: None MOTION CARRIED

Lou Nigro addressed the board. Finance Director Bauer answered questions and gave a brief overview.

Motion by Ficht, seconded by DeMuynck to close the Public Hearing at 7:08 p.m.

Ayes: All

Nays: None MOTION CARRIED

Motion by Ficht, seconded by Printz to approve and adopt the 2010 Township Budget as presented.

Ayes: All

Nays: None MOTION CARRIED

 

Motion by Printz, seconded by Lovelock to adopt Resolution 2009-20 authorizing an understanding for the Chesterfield Town Center Brownfield Redevelopment Plan and all future Brownfield Plans in Chesterfield Township.

Clerk Uglis read into the record Resolution #2009-20.

WHEREAS, Chesterfield Township has a Brownfield project commonly known as the Chesterfield Town Center Brownfield Redevelopment Project (the "project") that it would like to have reviewed, processed and implemented by the Macomb County Brownfield Redevelopment Authority (MCBRA): and

WHEREAS, Chesterfield Township has a Brownfield Authority but desires to have MCBRA review, process and implement the Chesterfield Town Center Brownfield Redevelopment Plan (the "Plan") and all future Brownfield plans located in Chesterfield Township, until otherwise determined by the Chesterfield Township Board: and

WHEREAS, the MCBRa was created by the Macomb County Board of Commissioners pursuant to MCL 125.2651 et seq. to assist jurisdictions like Chesterfield Township to facilitate the clean up and redevelopment of Brownfields; and

WHEREAS, the MCBRA is prepared to assist Chesterfield Township by reviewing, processing and implementing the proposed Plan, provided that Chesterfield Township acknowledges certain rights that the MCBRA has, to wit;

▪ (MCBRA or County) intends to collect an administrative fee from local taxes at an amount not to exceed the annual amount per MCL 125.2663; and

▪ (MCBRA or County) intends to capture and collect tax increment revenues not to exceed the amount specified per MCL 125.2663 for deposit into the (MCBRA’s or County’s) revolving loan fund for future remediation projects.

WHEREAS, Chesterfield Township will have the opportunity to provide public comment on any Brownfield plan (including the amount of the administrative fee to be collected and the amount captured for the revolving loan fund) before it is finally adopted by the MCBRA and/or the Macomb County Board of Commissioners;

NOW THEREFORE BE IT RESOLVED, that Chesterfield Township requests that the MCBRA undertake review, processing and implementation of the Plan and all future Brownfield plans located in Chesterfield Township, until otherwise determined by the Chesterfield Township Board.

BE IT FURTHER RESOLVED THAT, Chesterfield Township acknowledges and understand that (MCBRA or County) intends to collect certain administrative fees and capture certain taxes for its revolving loan fund, which will be specified in detail in any Brownfield Plan before it is finally adopted.

BE IT FURTHER RESOLVED THAT, should any section, clause or phrase of this Resolution be declared by the courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid.

BE IT FURTHER RESOLVED THAT, all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed.

Roll Call Vote:

Ayes: Printz, Lovelock, Uglis, Hartman, Ficht, DeMuynck

Nays: None MOTION CARRIED

Motion by Lovelock, seconded by Ficht to adopt Resolution 2009-21 concurring with the provisions of the Chesterfield Town Center Brownfield Redevelopment Plan.

Clerk Uglis read into the record Resolution #2009-21.

WHEREAS, the Macomb County Board of Commissioners, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the "Act"), have established the Macomb County Brownfield Redevelopment Authority (MCBRA) to facilitate the clean up and redevelopment of Brownfields within Macomb County’s communities; and

WHEREAS, the Chesterfield Town Center project ("Project") is located north of Hall road (M-59) and east of I-94, parcel identification numbers 009-031-226-005-00-00, 009-031-476-003-00-00, and 009-031-476-004-00-00, Chesterfield Township, Macomb County, Michigan (the "Property"); and

WHEREAS, the Property has been identified as " a facility" and adjacent and contiguous to the parcels identified as a "facility" as defined by the Act; and

 

WHEREAS, the Chesterfield Town Center Brownfield Redevelopment Plan (the "Plan") has been prepared to restore the economic viability of this underutilized and environmentally contaminated parcel which the MCBRA has reviewed; and

WHEREAS, the members of the Township Board have reviewed the Plan, and have been provided a reasonable opportunity to express their views and recommendations regarding the Plan in accordance with Sections 3. (4) of the Act; and

NOW THEREFORE BE IT RESOLVED THAT, the Township Board of Chesterfield Township concurs with the provisions of the Plan including approval of the Plan by the MCBRA and Macomb County Board of Commissioners and implementation of the Plan by the Macomb County Brownfield Redevelopment Authority.

BE IT FURTHER RESOLVED THAT, should any section, clause or phrase of this Resolution be declared by the courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid.

BE IT FURTHER RESOLVED THAT, all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed.

Roll Call Vote:

Ayes: Lovelock, Ficht, DeMuynck, Hartman, Uglis, Printz

Nays: None MOTION CARRIED

Motion by Lovelock, seconded by Uglis to approve a Liquor Control Commission Resolution approving the request for a Class C License for Weiss Meat and Deli Inc. located in Macomb County at 51094 D.W. Seaton, Chesterfield, MI 48047.

Roll Call Vote:

Ayes: Lovelock, Uglis, Hartman, Ficht, Printz, DeMuynck

Nays: None MOTION CARRIED

 

Motion by DeMuynck, seconded by Ficht to approve a Liquor Control Commission Resolution approving the request for a Class C License for AMC Chesterfield Inc. doing business as Buffalo Wild Wings Bar and Grill located in Macomb County at the Chesterfield Village Square Complex on the east side of Gratiot, Chesterfield, MI 48051.

Roll Call Vote:

Ayes: DeMuynck, Ficht, Printz, Lovelock, Uglis, Hartman

Nays: None MOTION CARRIED

Motion by Printz, seconded by Uglis to adopt a Performance Resolution required by the Michigan Department of Transportation for the purpose of issuing to Chesterfield Township an Individual Permit for Use of State Trunkline Right of Way.

Roll Call Vote:

Ayes: Printz, Uglis, Lovelock, DeMuynck, Ficht, Hartman

Nays: None MOTION CARRIED

Lou Nigro and Tracy Antrikin addressed the Board during Public Comments.

Motion by DeMuynck, seconded by Printz to enter into closed session pursuant to Section 8(e) of the Open Meetings Act to discuss a proposed Consent Judgment in case #09-3583-CZ, Charter Township of Chesterfield v GTR Builders et al.

Roll Call Vote:

Ayes: DeMuynck, Printz, Ficht, Hartman, Lovelock, Uglis

Nays: None MOTION CARRIED

Entered Closed session at 7:33 p.m.

Motion by Uglis, seconded by Printz to return to Open Session at 7:39 p.m.

Roll Call Vote:

Ayes: Uglis, Printz, Lovelock, Hartman, Ficht, DeMuynck

Nays: None MOTION CARRIED

Motion by DeMuynck, seconded by Printz authorizing the Township attorney to sign the Consent Judgment that was discussed in closed session.

Ayes: All

Nays: None MOTION CARRIED

 

Motion by Lovelock, seconded by DeMuynck to adjourn the meeting at 7:48 P.M.

Ayes: All

Nays: None MOTION CARRIED

 

Janice M. Uglis, Clerk

Michael Lovelock, Supervisor

CONSENT AGENDA

/APPROVED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MOTION TO OPEN PUBLIC HEARING ON PROPOSED 2010 BUDGET/APPROVED

 

 

 

MOTION TO CLOSE THE PUBLIC HEARING ON PROPOSED 2010 BUDGET/APPROVED

 

MOTION TO APPROVE AND ADOPT THE 2010 TOWNSHIP BUDGET AS PRESENTED

/APPROVED

 

MOTION TO ADOPT RESOLUTION #2009-20 AUTHORIZING AN UNDERSTANDING FOR THE CHESTERFIELD TOWN CENTER BROWNFIELD PLAN AND ALL FUTURE BROWNFIELD PLANS/APPROVED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MOTION TO ADOPT RESOLUTION #2009-21 CONCURRING WITH THE PROVISIONS OF THE CHESTERFIELD TOWN CENTER BROWNFIELD REDEVELOPMENT PLAN/APPROVED

 

 

MOTION TO APPROVE

A LIQUOR CONTROL COMMISSION RESOLUTION FOR A CLASS C LICENSE FOR WEISS MEAT AND DELI/APPROVED

 

MOTION TO APPROVE

A LIQUOR CONTROL COMMISSION RESOLUTION FOR A CLASS C LICENSE FOR AMC CHESTERFIELD /APPROVED

 

 

 

MOTION TO ADOPT A PERFORMANCE RESOLUTION REQUIRED BY MDOT FOR A RIGHT OF WAY PERMIT/APPROVED

 

PUBLIC COMMENT

 

 

MOTION TO ENTER CLOSED SESSION

/APPROVED

 

 

 

 

 

 

 

MOTION TO RETURN TO OPEN SESSION

/APPROVED

 

 

 

MOTION TO AUTHORIZE THE ATTORNEY TO SIGN THE CONSENT JUDGEMENT

/APPROVED

ADJOURNMENT

 

 

 

 

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