Charter Township of Orion
Oakland County, Michigan


Township Board

Minutes, Regular Meeting, Monday, March 15, 2010


1. – 3.  CALL TO ORDER.
  The Charter Township of Orion Board of Trustees held a regular meeting on Monday, March 15, 2010, at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan.  Supervisor Gibb called the meeting to order at 6:00 p.m.

BOARD MEMBERS PRESENT:  Matthew Gibb, Mark Crane, Neal Porter, JoAnn Van Tassel

BOARD MEMBERS ABSENT:  Penny Shults, John Steimel, Alice Young

OTHERS PRESENT: Edward Peters, Joe Hildebrand, Annette Kingsbury, Lil Hutchison, Lisa Sokol, Lois Golden, Pastor Rhonda Chapman

EXECUTIVE SESSION:  Clerical Union Negotiations.  Moved by Trustee Crane, seconded by Trustee Porter, to go into Executive Session to discuss Clerical Union Negotiations. AYES: Gibb, Crane, Porter, Van Tassel. NAYS: None. ABSENT: Shults, Young, Steimel. MOTION CARRIED

The Board was in Executive Session from 6:00 p.m. until 7:00 p.m.

Moved by Trustee Crane, seconded by Trustee Porter, to reconvene the regular meeting at 7:01 p.m. MOTION CARRIED

All rose for the Pledge of Allegiance.  Pastor Rhonda Chapman from Bethany Pentecostal Tabernacle gave the Invocation.

4.  APPROVAL OF BILLS - Moved by Trustee Crane, seconded by Trustee Porter, to authorize payment of bills dated March 4, March 9, and March 10, 2010 in the amount of $630,911.26; and payrolls dated March 3, 2010 in the amount of $74,051.80 for a total disbursement of funds of $704,963.06, as presented. AYES: Crane, Porter, Van Tassel, Gibb. NAYS: None. ABSENT: Shults, Steimel, Young. MOTION CARRIED

5.  BRIEF PUBLIC COMMENT – Lois Golden presented the Board with a packet of information and asked to be placed on a future agenda to further discuss the Village of Lake Orion Downtown Development Authority and requested support of an investigation conducted by the County Executive’s Office referred for review to the Office of Corporation Counsel; Ms. Golden further expressed her concern regarding actions taken by the DDA. 

6.  APPROVAL OF AGENDA – Moved by Trustee Van Tassel, seconded by Trustee Crane, to add the following to the Consent Agenda: 7. O.  Orion Charger’s Resolution for Charitable Gaming License. MOTION CARRIED

Trustee Porter requested that Consent Agenda 7. I., Mechanical Maintenance Contract Extension, be moved to Pending Business, item 8. B.: Moved by Trustee Crane, seconded by Trustee Porter, to approve the agenda, as amended.  MOTION CARRIED

7.  CONSENT AGENDA

A.  Minutes, Regular Meeting, Monday, March 1, 2010.  Approved Minutes, Regular Meeting, Monday, March 1, 2010.

B.  Minutes, Special Meeting:  Budget Forecast, Monday, March 1, 2010.  Approved Minutes, Special Meeting: Budget Forecast, Monday, March 1, 2010.

C.  2010 Dragon Dash Resolution.  Adopted resolution to send to the Road Commission for Oakland County on behalf of the Charter Township of Orion to conduct the 2010 Dragon Dash.

D.  Committee Appointment. 

  • Rescinded action taken on February 16, 2010 to appoint Mike Flood Jr. to the Safety Path Advisory Committee and appoint him to the Solid Waste/Recycling Committee for a term expiring December 31, 2012.
  • Appointed Timothy Mack to the Solid Waste/Recycling Committee for a term ending December 31, 2012.

E.  Community Service Agreement – Orion Area Youth Assistance.  Authorized the Supervisor and Clerk to sign the 2010 Community Service Agreement with Orion Area Youth Assistance, on behalf of the Township, and authorized the distribution of the funds in the amount of $20,000.00, as budgeted and authorized for 2010.

F.  Solicitation Request:  Lake Orion Lions Club White Cane Week.  Approved the solicitation request from Lake Orion Lions Club, and because the fundraiser is on behalf of a non-profit organization, to waive the requirements of Sections 4, 5, 6, and 8 of Ordinance 95, Peddlers & Solicitors Regulation.

G.  MMRMA 2009 Annual Report.  Received and filed report.

H.  Vehicle Purchase – DPW.  Approved the purchase of a 2010 GMC Sierra, to replace a 2001 GMC Sierra, at a cost not to exceed $27,641.00 with the funds being transferred from line item 592-536-978, Capital Outlay Vehicles.

I.   Reschedule Baldwin Road Special Meeting.  Rescheduled the Baldwin Road Stakeholder Workshop to March 23, 2010, 4:00 p.m.

J.  Tax Abatement Policy Resolution Revision.  Rescinded the previous policy resolution of

June 7, 2004 and directed the attorney to draft a new tax abatement policy resolution.

K.  McConnell Field Use License Agreement.  Approved the renewal of the License Agreement for April 1, 2010 through April 1, 2011 for the payment of one ($1.00) dollar with the Lake Orion Boys Baseball League.

L. Written Hazard Communication Policy Revision.  Approved the revision as presented.

M.  Time Keeping Policy/Procedure Revision.  Approved the revision as presented.

N.  Orion Chargers Resolution for Charitable Gaming License.  Adopted the Local Governing Body Resolution for Charitable Gaming License, recognizing the Orion Chargers Baseball Club as a local charitable organization, conditioned upon receiving indication that they are a non-profit organization.

Moved by Trustee Crane, seconded by Trustee Van Tassel, to approve the Consent Agenda, as amended. AYES: Crane, Porter, Van Tassel, Gibb. NAYS: None. ABSENT: Steimel, Shults, Young. MOTION CARRIED

8.  PENDING BUSINESS

A. Water Storage Facility Design Authorization.  Supervisor Gibb stated he feels it is pertinent to hear executive session discussion on the purchase of property that involves the water tower location and suggested after hearing the presentation, Board members may want to move to executive session to discuss where the Township stands with GM negotiations.

Jim Stevens, OHM representative, summarized the March 9, 2010 Proposal for Design Services of Elevated Water Storage Tank as presented to the Board.  Mr. Stevens indicated that the proposal is separated into two separate “mini-projects”; one being the physical construction of the tower and the other being the construction of the controls, valves and operations of the tower.  To expedite project completion, the two separate processes will proceed on a parallel track.  

Bill Ireland, Public Works Director, spoke regarding the importance of the selected location of the

tower stating that the proposed placement would allow filling on DWSD pressure without adding booster pumps, making it a much more efficient operation.

Trustee Porter questioned soil borings and associated costs.  Jim Stevens indicated soil borings will be taken once the exact location of the tower is determined.  Trustee Porter questioned if any engineering could be completed prior to a site being selected.  Mr. Stevens stated it is possible, however, not efficient as conditions change.  Trustee Porter stated that he is not prepared to select a site and does not want to address specific dollars involved out of executive session.  Supervisor Gibb stated he and Attorney Kelly feel the Township is extremely close to an agreement that he is ready to recommend to the Board for approval

Moved by Trustee Van Tassel, seconded by Trustee Porter, to receive and file OHM’s Proposal for Design Services of Elevated Water Storage Tank dated March 9, 2010 as presented. MOTION CARRIED

Supervisor Gibb stated that the matter will be addressed again later in the agenda.

B.  Mechanical Maintenance Contract Extension.  Trustee Porter questioned Terms & Conditions; item 3. “The Agreement price is subject to adjustment after the term of the agreement is completed to reflect increases in labor, material, and other costs”.  Attorney Kelly stated the interpretation is the prices are fixed for the initial 36 month contract, followed by a non-fixed year-to-year renewal period.  Supervisor Gibb stated he has the same opinion as Attorney Kelly. 

Trustee Van Tassel suggested adding in an initial end date and statement “This applies to renewal after completion of the three year term of the contract”.

Moved by Trustee Porter, seconded by Trustee Van Tassel, to authorize adding to the contract an amendment stating that item 3 of Terms & Conditions applies to the renewal of the contract and not to any of the terms and prices during the three-year duration of the contract. MOTION CARRIED

Supervisor Gibb stated that Attorney Kelly would be reviewing the contract prior to finalization.

Moved by Trustee Porter, seconded by Trustee Crane to authorize the Supervisor to sign the three-year maintenance agreement with Bumler Mechanical, Inc. at a cost of $1,605.50 quarterly for the first year, $1,654.00 for the second year, and $1,704.00 for the third year, as amended. AYES:  Porter, Van Tassel, Gibb, Crane. NAYS: None. ABSENT: Steimel, Shults, Young. MOTION CARRIED

9.  PUBLIC COMMENT. 

Lisa Sokol, Community Programs Director, announced that the Senior Newsletter will be going out within the next couple of weeks and reminded everyone of the Senior Center partnering with the Lake Orion High School for the spring musical “Annie Get Your Gun” being held at 9:30 a.m., April 21st, at Lake Orion High School; parking will be available at Christ the Redeemer on Waldon Road, First Baptist Church on Scripps Road, and St. Joseph Catholic Church on Lapeer Road; tickets are $5 which will help offset the cost of transportation, continental breakfast, and performance royalties; tickets are available now at the Senior Center; no tickets will be sold at the door on the day of the performance.  

Lil Hutchison stated the importance of organ donor registration on driver’s licenses.

10.  BOARD MEMBER COMMENTS

Trustee Porter thanked all involved with last week’s Board of Review.

Trustee Van Tassel reminded everyone that spring is around the corner and asked for caution when driving through neighborhoods; stated that the Boys & Girls Club “Taste of the Town” will be held at Canterbury Village on Saturday, March 20th.

Trustee Crane had no comments.

Supervisor Gibb commented that the Township is working with Powerhouse Gym to develop an employee wellness program; congratulated the Orion Oxford Boys & Girls Club participants who won the recent Gamesroom Tournament held in Detroit; announced the following upcoming events: 

Orion Area Chamber of Commerce events:

March 23rd - “Jazz it up with the Chamber”; Multi-Chamber Mixer

May 11th – Community Business Expo 2010; ORIONOPOLY

Oakland County in the Civil War - Planning for the Sesquicentennial in Your Community,  Saturday, May 5th from 9:30 a.m. - 1 p.m. at the Bloomfield Township Library

YourSource, with co-sponsor Auburn Hills Chamber of Commerce, is hosting “The Disney Way” with keynote speaker Bill Capodagli, Author of The Disney Way on May 5th

Challenge Day at the High School, March 17th   

The Detroit Lions Bocci Tournament is being held May 18th at Palazzo di Bocce

11.  EXECUTIVE SESSION

EXECUTIVE SESSION:  Discuss Purchase of Property.  Moved by Trustee Porter, seconded by Trustee Crane, to go into Executive Session to discuss Purchase of Property at 7:50 p.m. AYES:  Van Tassel, Gibb, Crane, Porter. NAYS: None. ABSENT: Steimel, Shults, Young. MOTION CARRIED

The Board was in Executive Session from 7:51 p.m. until 8:32 p.m.

Moved by Trustee Porter, seconded by Trustee Crane, to reconvene the regular meeting at 8:32 p.m. MOTION CARRIED

Moved by Trustee Crane, seconded by Trustee Porter, to authorize the Township Supervisor to proceed with the purchase of property for the location of the elevated water tower as discussed. AYES: Gibb, Crane, Porter, Van Tassel. NAYS: None. ABSENT: Shults, Young, Steimel. MOTION CARRIED

Moved by Trustee Porter, seconded by Trustee Crane, to approve the contract with Orchard, Hiltz & McCliment for engineering services related to the design of the water tower at a cost not to exceed $215,000.00 and authorize the Supervisor to sign the contract on behalf of the Township. AYES: Crane, Porter, Van Tassel, Gibb. NAYS: None. ABSENT: Shults, Young, Steimel. MOTION CARRIED

12.  ADJOURNMENT.  Moved by Trustee Crane, seconded by Trustee Porter, to adjourn. MOTION CARRIED. The meeting was adjourned at 8:40 p.m.