Charter Township of Canton Board Proceedings November 27, 2018

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1 Charter Township of Canton Board Proceedings November 27, 2018 A regular meeting of the Board of Trustees of the Charter Township of Canton was held Tuesday, November 27, 2018 at 1150 Canton Center S., Canton, Michigan. Supervisor Williams called the meeting to order at 7:31 p.m. and led the Pledge of Allegiance to the Flag. Roll Call Members Present: Members Absent: Staff Present: Anthony, Foster, Graham-Hudak, Siegrist, Slavens, Sneideman, Williams None Director Hohenberger, Director Faas, Director Meier, Director Trumbull Staff Absent: Adoption of Agenda Motion by Graham-Hudak, supported by Anthony to amend the agenda to remove Item G-4 Consider Approval of an Agreement with the Michigan Department of Transportation for the Ford Road (M-153) Boulevard Project (MSD). Motion carried unanimously. Payment of the Bills: Motion by Slavens, supported by Anthony to approve payment of the bills as presented. Motion carried unanimously. CHARTER TOWNSHIP OF CANTON EXPENDITURE RECAP TOWNSHIP BOARD MEETING OF 11/27/ GENERAL FUND 593, FIRE FUND 393, POLICE FUND 375, SUMMIT OPERATING (General) 43, STREET LIGHTING 18, CABLE TV FUND 8, TWP (COMMUNITY) IMPROVEMENT 152, DDA - CANTON TWP ACCT 23, CDBG 19, Solid Waste 17, GOLF FUND 49, WATER & SEWER FUND 1,764, FLEET 21, CONSTRUCTION ESCROW 6, POST EMPLOYMENT BENEFITS 189, TOTAL - ALL FUNDS 3,678, Approval of Minutes Motion by Siegrist, supported by Foster to approve the Board Meeting Minutes of November 13, 2018 as presented. Motion carried unanimously. November 27,

2 Citizen s Non-Agenda Item Comments: None RECOGNITION: Public Safety Promotion Recognition Police Sergeant Adam Shulman Motion by Anthony, supported by Sneideman to enter the recognition of the promotion of Adam Shulman to Police Sergeant into the Public Record. Motion carried unanimously. Clerk Siegrist swore in Sgt. Shulman. Adam Shulman is being recognized tonight for his promotion to the rank of Sergeant with the Canton Police Department. Adam was hired as a Canton Police Officer in April of In his new position, Sergeant Shulman will serve as a platoon supervisor providing leadership, training and mentoring to the road patrol officers assigned on his shift. He will also be responsible for administrative assignments and special projects under the leadership of his designated shift commander. Adam is joined here tonight by his wife Allie, twin boys Cameron & Conner, and additional members of his extended family. PUBLIC HEARING: PH-1: Public Hearing and Adoption of Fiscal Year 2019 Budget. Motion by Siegrist, supported by Foster to open the Public Hearing for the Adoption of Fiscal Year 2019 Budget at 7:37 p.m. Motion carried unanimously. Director Trumbull presented the Fiscal Year 2019 Budget to the board including the changes made since the study session presentation. Motion by Siegrist, supported by Anthony to close the Public Hearing for the Adoption of Fiscal Year 2019 Budget at 7:39 p.m. Motion carried unanimously. The purpose of the Public Hearing is to allow for public comments regarding the proposed 2019 budget. The initial proposed 2019 budget was presented to the Township Board during a Study Session held on November 2, Tonight, the Finance Department is requesting that the Township Board of Trustees adopt the proposed 2019 budget. State law requires a Township operating on a calendar year budget cycle to hold a Public Hearing on the proposed budget no later than December 15th and that the Township adopts the November 27,

3 proposed budget no later than December 31st of a given year. Copies of the proposed 2019 budget are available at the Township Clerk s Office and the Finance Department. Director/Staff Comments - None There were no public comments - None Motion by Siegrist, supported by Slavens to adopt the following resolution. Motion carried unanimously. RESOLUTION OF BOARD OF TRUSTEES CHARTER TOWNSHIP OF CANTON Adoption of Fiscal Year 2019 Budget WHEREAS, Act 359 of 1947, The Charter Township Act, requires that the annual budget be adopted by resolution and; WHEREAS, pursuant to MCLA and.413, notice of a Public Hearing on the proposed 2019 budget was published in a newspaper of general circulation on November 15, 2018 and a Public Hearing on the proposed budget was held on November 27, NOW THEREFORE BE IT RESOLVED, that estimated total revenues and expenditures for the 2019 fiscal year are hereby appropriated on a fund level basis. Totals by fund are as follows: Fund # Fund Description 2019 Proposed Budget 101 General Fund $ 28,727, Roads Fund $ 6,815, Fire Fund $ 16,227, Police Fund $ 22,447, Community Center Fund $ 3,804, Street Lighting Fund $ 341, Cable TV Fund $ 1,903, Community Improvement Fund $ 3,550, Downtown Development Authority $ 2,079, Service Fund $ 2,579, Organized Crime-Drug Enforcement $ 570, WWN Forfeiture Fund $ 548, CDBG Fund $ 411, Energy Project Debt Service $ 392, Capital Projects - Roads Fund $ 3,578, Golf Course Fund $ 3,977, Water & Sewer Fund $ 38,652, Garbage & Rubbish Collection $ 4,311,600 November 27,

4 661 Fleet Maintenance Fund $ 2,157, Post Employment Benefits Fund $ 3,771, Special Assessment Debt Service Fund $ 211,154 BE IT FURTHER RESOLVED that the Township Supervisor has the authority to approve budget adjustments between departments based upon recommendation by the appropriate Department Director and the Finance and Budget Director in accordance with adopted policies. BE IT FURTHER RESOLVED, that the Charter Township of Canton Board adopts the 2019 budget for the various funds on a fund level. Township officials responsible for the expenditures authorized in the budget may expend Township funds up to, but not to exceed, the total appropriation authorized for each fund. BE IT FURTHER RESOLVED that there shall not be any new positions created that shall result in an increase in employee headcount within a department or division without prior Township Board approval. BE IT FURTHER RESOLVED that the Township Supervisor has the authority to fill existing vacant and budgeted positions and reclassified positions based upon the recommendation by the appropriate Department Director and the Finance and Budget Director. AND BE IT FURTHER RESOLVED that claims against the Township shall be approved by the Charter Township of Canton Board prior to being paid. The Township Clerk and the Township Treasurer may authorize payment of certain claims prior to approval by the Township Board to avoid late penalties, service charges and interest, for example utilities and payroll, in accordance with approved salaries and hourly rates adopted by the Township Board. The Township Board shall receive a list of those claims paid prior to approval, for approval at the next Board meeting. A copy of the Budget is available by contacting the Charter Township of Canton Clerk s Office CONSENT CALENDAR: Item C-1. Consider 2019 Meeting Dates for the Commission for Culture, Arts & Heritage. (CLS) Motion by Siegrist, supported by Sneideman to establish the 2019 Canton Commission for Culture, Arts & Heritage meeting schedule at 7:00 p.m. in the Lower Level Meeting Room E of the Administration Building, 1150 S. Canton Center Road, quarterly on the designated Thursday of the established months. Meeting Dates: February 7, 2019 May 9, 2019 August 8, 2019 November 14, 2019 Motion carried unanimously. November 27,

5 In accordance with the Open Meetings Act, the Commission for Culture, Arts & Heritage is required to establish and post a schedule of board meetings for the calendar year. Item C-2. Consider approval of the 2019 Planning Commission Meeting Dates. (MSD) Motion by Siegrist, supported by Sneideman to set the 2019 Planning Commission Meeting schedule at 7:00 p.m. in the First Floor Meeting Room of the Administration Building, 1150 S. Canton Center Road as follows: January 7, February 4, March 4, April 1, May 6, June 3, July 1, August 5, September 9, October 7, November 4 and December 2, 2019.Motion carried unanimously. Late each year the Planning Commission sets the schedule of meetings for the following year. The 2019 schedule is presented as follows: January 7, February 4, March 4, April 1, May 6, June 3, July 1, August 5, September 9, October 7, November 4 and December 2. Item C-3. Consider Second Reading of an Ordinance to Amend Chapter 18, by adding a New Article VIII, entitled Marihuana Establishments. (Supv.) Motion by Siegrist, supported by Sneideman to remove from the table, hold the Second Reading and adopt an amendment to Canton Code of Ordinances, which amends Chapter 18 of Canton Code of Ordinances, to be published and become effective on December 06, Motion carried unanimously. STATE OF MICHIGAN COUNTY OF WAYNE CHARTER TOWNSHIP OF CANTON CHAPTER 18 AN ORDINANCE TO AMEND CHAPTER 18, BY ADDING A NEW ARTICLE VIII TO PROHIBIT MARIHUANA ESTABLISHMENTS AS AUTHORIZED BY THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT THE CHARTER TOWNSHIP OF CANTON ORDAINS: SECTION 1. AMENDMENT TO CODE: Chapter 18 of the Charter Township of Canton Code Ordinance is hereby amended to add a new Article VII entitled Marihuana Establishments to read as follows: ARTICLE VII. MARIHUANA ESTABLISHMENTS November 27,

6 Sec Marihuana Establishments Prohibited. (a) Pursuant to the Michigan Regulation and Taxation of Marihuana Act, Section 6.1, the Township elects to prohibit marihuana establishments within its boundaries. SECTION 2. SEVERABILITY If any clause, sentence, section, paragraph or part of this Ordinance, or the application of thereof to any person, firm, corporation, legal entity or circumstances, shall be for any reason adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalid the remainder of this Ordinance. It is hereby declared to the legislative intent of this body that the Ordinance is severable, and that the Ordinance would have been adopted had such invalid or unconstitutional provisions not have been included in this ordinance. SECTION 3. REPEAL OF CONFLICTING ORDINANCES All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect. SECTION 4. SAVINGS CLAUSE All rights and duties which have matured penalties which have been incurred, proceedings which have begun and prosecution for violations of law occurring before the effective date of this Ordinance are not affected or abated by this Ordinance. SECTION 5. PUBLICATION The Clerk for the Charter Township of Canton shall cause this Ordinance to be published in the manner required by law. SECTION 6. EFFECTIVE DATE This Ordinance, as amended, shall be effective upon publication as required by law. CERTIFICATION The foregoing Ordinance was duly adopted by the Township Board of Trustees of the Charter Township of Canton at its regular meeting called and held on the 27 th day of November, 2018, and was ordered to be given publication in the manner required by law. Introduced: November 14, 2018 Adopted: November 27, 2018 Published: December 6, 2018 Michael Siegrist, Clerk November 27,

7 Effective: December 6, 2018 With the passage of Proposal 1, recreational marihuana is now legal in Michigan. Adults over the age of 21 may now legally grow, possess and use marihuana for any purpose. Proposal 1 also authorizes certain types of marihuana-related businesses and sets up a system of taxes on the sale of marihuana and marihuana products. However, communities are not required to allow marihuana establishments to locate in their borders, and may affirmatively opt out of allowing such businesses. Based on prior conversations with Board members, it appears the will of the Board is to opt out Item C-4. Consider Second Reading of an ordinance to amend Chapter 46, Article VII, Division 1, of the Canton Code of Ordinances entitled Offenses and Miscellaneous Provisions to revise Section and (PSD) Motion by Siegrist, supported by Sneideman to remove from the table, hold the Second Reading and adopt an amendment to Canton Code of Ordinances, which amends Chapter 46 of Canton Code of Ordinances, to be published and become effective on December 06, Motion carried unanimously. STATE OF MICHIGAN COUNTY OF WAYNE CHARTER TOWNSHIP OF CANTON CHAPTER 46 AN ORDINANCE TO AMEND CHAPTER 46, ARTICLE VIII, DIVISION 1, OF THE CANTON CODE OF ORDINANCES ENTITLED OFFENSES AND MISCELLANEOUS PROVISIONS TO REVISE SECTION THE CHARTER TOWNSHIP OF CANTON ORDAINS: SECTION 1. AMENDMENT TO CODE: Chapter 46 of the Charter Township of Canton Code Ordinance, Article VIII, entitled OFFENSES AND MISCELLANEOUS PROVISIONS, Division 1, entitled GENERALLY Section , is hereby amended to read as follows: Sec Possession or use of tobacco, vapor products or alternative nicotine products. (a) [unchanged] (b) [unchanged] (c) Penalty. A person who violates subsection (b) of this section is guilty of a misdemeanor, punishable by a fine of not more than $50.00 for each offense. If the court determines it is November 27,

8 appropriate, eligible juveniles may be referred to a diversion program. Pursuant to a probation order, the court may require a person who violates subsection (b) of this section to participate in a health promotion and risk reduction assessment program, if available. A probationer who is ordered to participate in a health promotion and risk reduction assessment program under this section is responsible for the cost of participating in the program. In addition, a person who violates this section is subject to the following: (1) For the first violation the court may order the person to do one of the following: a. Perform not more than 16 hours of community service. b. Participate in a health promotion and risk reduction program, as described in this subsection. (2) For a second violation, in addition to participation in a health promotion risk reduction program, the court may order the person to perform not more than 32 hours of community service. (3) For a third or subsequent violation, in addition to participation in a health promotion and risk reduction program, the court may order the person to perform not more than 48 hours of community service. SECTION 2. SEVERABILITY If any clause, sentence, section, paragraph or part of this Ordinance, or the application of thereof to any person, firm, corporation, legal entity or circumstances, shall be for any reason adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalid the remainder of this Ordinance. It is hereby declared to the legislative intent of this body that the Ordinance is severable, and that the Ordinance would have been adopted had such invalid or unconstitutional provisions not have been included in this ordinance. SECTION 3. REPEAL OF CONFLICTING ORDINANCES All Ordinance or parts of Ordinance in conflict herewith is hereby repealed only to the extent necessary to give this Ordinance full force and effect. SECTION 4. SAVINGS CLAUSE All rights and duties which have matured penalties which have been incurred, proceedings which have begun and prosecution for violations of law occurring before the effective date of this Ordinance are not affected or abated by this Ordinance. SECTION 5. PUBLICATION The Clerk for the Charter Township of Canton shall cause this Ordinance to be published in the manner required by law. November 27,

9 SECTION 6. EFFECTIVE DATE This Ordinance, as amended, shall be effective upon publication as required by law. CERTIFICATION The foregoing Ordinance was duly adopted by the Township Board of Trustees of the Charter Township of Canton at its regular meeting called and held on the 27 th day of November, 2018, and was ordered to be given publication in the manner required by law. Introduced: November 13, 2018 Adopted: November 27, 2018 Published: December 6, 2018 Effective: December 6, 2018 Michael Siegrist, Clerk The Board is being asked to consider an amendment to the penalty provision of the Township ordinance that prohibits minors from possessing tobacco products, e-cigarettes, vapor products, and alternative nicotine products. Earlier this year, the Board enacted an ordinance that prohibited minors under the age of 18 from possessing e-cigarettes, vapor products, and alternative nicotine products. Upon presenting the amendment to the judges at the 35th District Court, it was noted by them that they would be unable to assess the penalties set forth in the ordinance, as they could result in community service being performed in a private medical facility. The Court has asked that we amend this penalty provision, as well as add in the option to send juveniles to a diversion program, if the Court deems it appropriate under the circumstances. GENERAL CALENDAR: Item G-1. Consider Authorization of Transportation Services 2019 Budget Amendment. (CLS) Motion by Siegrist, supported by Sneideman to approve the following FY 2019 budget amendment to increase the expenditures in account # , Social Services Transportation in the amount of $22,000. Motion carried unanimously. Motion by Siegrist, supported by Sneideman to amend a previously authorized 3 year agreement with an auto renewal option to the Nankin Transit Commission. The amount of the contract with Nankin Transit Commission is not to exceed the annual amount of $471,027 in year one, $412,395 in year two and 423,348 in year three of the contract. Motion carried unanimously. On May 22, 2018, the Canton Board of Trustees authorized a 3- year agreement with an auto renewal option to the Nankin Transit Commission to become the service provider for the Canton Mobility Transportation Program. Service levels and the projected budget were established November 27,

10 utilizing the data reported by Canton s previous service provider. After several months of operations, Nankin has been able to increase ridership by 30% by having a more efficient service network. This increase in ridership has led to an increase in demand and a need for an additional full time driver to accommodate residents. Nankin is proposing an additional driver at a total cost of $50,000 to be split among the 5 communities in the program. Canton s portion is 50% or $25,000 as this driver will be stationed in Canton. The other communities have already approved paying their portion of the cost. This will be an increase to the proposed 2019 budget, but still a significantly lower cost than our previous provider. During the transition period of changing from the previous service provider, HVA, over to the Nankin Transit Commission, initial reports from HVA indicated that 22,000-24,000 rides were provided annually. This figure was consistent with reports of prior years. However, once Nankin Transit began providing transportation to Canton, the monthly figures demonstrated a much higher volume than anticipated. Currently, projected ride figures total closer to 30,000 rides per year. This has significantly contributed to the need for an additional driver, especially considering that the needs of the community are only likely to increase. Canton s portion of the additional driver total $25,000 in added expense. Initial savings which resulted from changing service providers allowed Leisure Services to decrease the 2019 budget by $70,000. With the added expense, the overall Social Services budget for Transportation in 2019 will still realize a $45,000 reduction in subsidy. Item G-2. Consider Approval of Minor Revisions to the Building & Inspection Services Fee Schedule. (MSD) Motion by Siegrist, supported by Slavens to approve the revisions to the Building & Inspection Services Fee Schedule, and for that change to take effect on January 1, Motion carried unanimously. The current B.I.S (Municipal Services) fee schedule was adopted in Building & Inspection Services has ongoing reviews of its processes including time spent in the field. The Building Official feels that there is a need to update and clarify some permit fees to better reflect the time now being spent inspecting those permits. Since permit fees are approved by resolution of the Board, these revisions must be approved in advance of Building & Inspection Services is responsible to provide their inspection services at reasonable fee, and justified by the time spent inspecting the project. Currently there are some fees that need to be adjusted to better reflect the actual time spent inspecting in the field. The Building Official proposes to align the fees with the services provided by clarifying and itemizing permits for specific work and raise the Estimated Value threshold to account for inflation and the cost of living. Fees for residential improvement projects such as siding, windows, roofs, concrete flatwork and pavers will all have specified flat permit fee of $60 each. This better aligns to the service provided by the inspectors, instead of using the overall value of the project. In-ground swimming pools will have a specified flat fee of $200. These new fees are in lieu of using the current fee calculations for the general building permit which is based on the market value of the work completed, not the time spent inspecting in the field. The standard building permit fee is November 27,

11 currently based on the first $3,000 of estimated value of work as the low threshold for a minimum permit fee. Any value over the $3,000 threshold increases the minimum permit fee for each additional $1,000, but does not add to the service that is received for that value of a project. That minimum value has not changed for well over 20 years, while the cost of living and inflation keep rising. The new minimum threshold for the estimated value of the work will be $5,000, which will also align that cost with the service we provide for projects with a value of under $5,000. Item G-3. Consider Approval and Adoption of the 2018 Water Distribution System Master Plan. (MSD) Motion by Siegrist, supported by Slavens to approve and adopt the 2018 Water Distribution System Master Plan as prepared by OHM in August Motion carried unanimously. The Michigan Safe Water Drinking Act (PA 399) requires communities to perform master plan (a.k.a. reliability studies) of the drinking water system every five years. The purpose of the Water Master Plan is to develop a comprehensive model which determines existing and future water distribution system capabilities, identify any system infrastructure deficiencies, and assist in determining future capital improvements. While the MDEQ requires the document be updated every five years; due to the completion of the Water Storage Facility, Canton Township was granted an extension by Michigan Department of Environmental Quality (MDEQ) requiring completion in Staff is requesting the Board approve the recommendations and adopt the plan. Item G-4. Removed by amendment to the agenda. (MSD) Item G-5. Consider Approval of the Public Safety Department s Five Year Strategic Plan. (PSD) Motion by Siegrist, supported by Sneideman to approve the Public Safety Department s Five- Year Strategic Plan , as previously presented to the Canton Board of Trustees. Motion carried unanimously. The Public Safety Department is requesting the Township Board approve its Five-Year Strategic Plan for The plan was formally presented to the Board in August, and final copies have been distributed to the trustees tonight. Public Safety s Five-Year Strategic Plan was created with input from an outside panel of residents and community members, along with Public Safety leadership and employees. The plan identifies the needs of the department during the next five years, and objectives to meet those needs. Director Meier thanked the board for their support throughout the process of creating this comprehensive plan. He also thanked his staff. November 27,

12 ADDITIONAL PUBLIC COMMENT: None OTHER: Director Hohenberger stated The Turkey Trot has over 1400 runners raising over $20,000 for the Epilepsy Foundation. Township Tree Lighting Ceremony will take place on Wednesday December 5, ADJOURN: Motion by Anthony, supported by Foster to adjourn at 7:59 p.m. Motion carried unanimously. Michael A. Siegrist, Clerk Pat Williams, Supervisor November 27,