CANTON ADMINISTRATION BUILDING 1150 S. CANTON CENTER ROAD CANTON, MI REGULAR BOARD MEETING JANUARY 14, 2014

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1 CANTON ADMINISTRATION BUILDING 1150 S. CANTON CENTER ROAD CANTON, MI REGULAR BOARD MEETING JANUARY 14, :00 P.M.: STUDY SESSION WEBSITE REDESIGN 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL: ANTHONY, BENNETT, LAJOY, MCLAUGHLIN, SNEIDEMAN, WILLIAMS & YACK ADOPTION OF AGENDA APPROVAL OF MINUTES: DECEMBER 10, 2013 CITIZEN S NON-AGENDA ITEM COMMENTS PAYMENT OF BILLS RECOGNITION: 1) PUBLIC SAFETY PROMOTION RECOGNITION: LIEUTENANT ROBERT SMEDLEY SERGEANT DANIEL TRAYLOR SERGEANT ERIC KOLKE CONSENT CALENDAR: 1) CONSIDER APPROVING THE RESOLUTIONS FOR THREE ANNUAL PERMITS AND AUTHORIZING THE TOWNSHIP CLERK S SIGNATURE FOR WORK WITHIN THE WAYNE COUNTY RIGHT-OF-WAY DURING 2014 (MSD) 2) CONSIDER AUTHORIZING THE TOWNSHIP CLERK TO SIGN THE ANNUAL MDOT PERMIT FOR 2014 (MSD) 3) CONSIDER PURCHASE OF RECYCLE BINS (MSD) 4) AUTHORIZATION TO PAY BILLS WHEN NO REGULAR BOARD MEETING IS SCHEDULED (FBD) 5) APPOINTMENT TO CDBG ADVISORY COUNCIL (FBD)

2 GENERAL CALENDAR: 1) CONSIDERATION OF FIRST READING OF A TEXT AMENDMENT TO CHAPTER 14, ANIMALS, REVISING THE REGULATIONS REGARDING DANGEROUS AND VICIOUS ANIMALS (SUPERVISOR) 2) CONSIDER APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT REGARDING COST REIMBURSEMENT FOR CHERRY HILL ROAD IMPROVEMENTS (MSD) 3) CONSIDER APPROVAL OF AMENDMENTS TO SPECIAL ASSESSMENT DISTRICT POLICY & PROCEDURE #MS-12 (MSD) 4) APPROVAL OF BID TO PRINT THE FOCUS NEWSLETTER (SUPERVISOR) 5) APPROVE CONTRACT WITH CIVICPLUS FOR TOWNSHIP WEBSITE REDESIGN AND HOSTING SERVICES (FBD) 6) CONSIDER PURCHASE OF TWO NOPTIC THERMAL IMAGER CAMERAS (PSD) ADDITIONAL PUBLIC COMMENT OTHER ADJOURN ACCESS TO PUBLIC MEETINGS The Charter Township of Canton will provide necessary reasonable auxiliary aids and services, such as signers for hearing impaired and audio tapes of printed material being considered at the meeting to individuals with disabilities at the meeting/hearing upon two weeks notice to the Charter Township of Canton. Individuals with disabilities requiring auxiliary aids or services should contact the Charter Township of Canton by writing or call the following: Gwyn Belcher, ADA Coordinator Charter Township of Canton, 1150 S. Canton Center, Canton, MI (734)

3 Charter Township of Canton Board Proceedings December 10, :30 P.M.: FIRE PREVENTION POSTER CONTEST AWARDS Canton Fire Department s annual Fire Prevention Poster Contest winners were honored on Tuesday, December 10, with a small ceremony held at Canton s Administration Building. The poster contest is for local elementary school children, and is held in conjunction with Fire Prevention Week to educate children on fire prevention awareness. This year s posters followed the National Fire Prevention Week theme of Stay fire smart don t get burned. Posters were judged in two categories: First-Third Grade, and Fourth-Sixth Grade. This year s winners are: First Third Grades 1st Place Hiba Ghias, 3rd grade, Achieve Charter Academy 2nd Place Angelina Horral, 3rd grade at Plymouth Christian Academy 3rd Place Kayla Joy Powell, 3rd grade at Plymouth Christian Academy Honorable Mention - Ryan McCaig, 1st grade at All Saints Catholic School Fourth Sixth Grades 1st Place Gloria Ravuri, 6th Grade, Plymouth Christian Academy 2nd Place Dillon St. Ledger, 6th grade, Plymouth Christian Academy 3rd Place Arulvel Rajeswaran, 5th grade, Dodson Elementary School Honorable Mention Isabel Mossel, 6th grade at Plymouth Christian Academy This year s Fire Prevention event was sponsored by the Canton Chamber of Commerce. A regular meeting of the Board of Trustees of the Charter Township of Canton was held Tuesday, December 10, 2013 at 1150 Canton Center S., Canton, Michigan. Supervisor LaJoy called the meeting to order at 7:03 p.m. and led the Pledge of Allegiance to the Flag. Roll Call Members Present: Members Absent: Staff Present: Anthony, Bennett, LaJoy, McLaughlin, Sneideman, Williams Yack Director Bilbrey-Honsowetz, Director Trumbull, Director Faas, Director Mutchler, Kristin Kolb, Carolyn Cox, Gwyn Belcher Adoption of Agenda Motion by Bennett, supported by Sneideman to approve the agenda as amended moving Recognition ahead of Citizen Comments and adding G-8 Consider Acceptance of Turf Field Donation from Canton Soccer Club. Motion carried by all members present. Approval of Minutes Motion by Bennett, supported by Williams to approve the Board Minutes of November 26, 2013 December 10,

4 as presented. Motion carried by all members present. Motion by Bennett, supported by Williams to approve the Board Study Minutes of December 3, 2013 as presented. Motion carried by all members present. RECOGNITION: Item 1. PUBLIC SAFETY BADGE PRESENTATION - DEPUTY POLICE CHIEF DEBRA NEWSOME. Motion by Bennett, supported by Anthony to recognize the badge presentation to Deputy Police Chief Debra Newsome. Motion carried by all members present. Debra Newsome hired on to the Canton Police Department in 1991 as a patrol officer. She was promoted to the rank of Sergeant in 2002, and Lieutenant in Debra earned her Bachelor s Degree in Communications from the University of Detroit. She has also completed Police Staff & Command School through EMU. As Deputy Police Chief, Debra will be assigned to head the Staff Operations Division, consisting of Special Services, Investigations and Crime Analysis, along with all special units stemming from the division. This position will also be responsible for the application and development of policies and procedures to ensure the division performs at the determined level of service as established by the Director of Public Safety. Debra has one son, Wyatt, who is 9-years old. Clerk Bennett presented the Oath of Office to Deputy Police Chief Newsome. Citizen s Non-Agenda Item Comments: Sandra Miller, Woodbridge Estates, stated the residents are very appreciative of the assistance from Canton and Wayne County. She stated the County did a great job of cleaning the ditches along Geddes Road between Beck and Denton Roads. Ms. Miller stated there are huge problems with the construction and effectiveness of the pond and the discharge system. She stated Woodbridge Estates did receive correspondence indicting that Canton Engineering Department has been working with the developer, who is active in the complex, to correct some of those issues. She stated Woodbridge Estates concern is that there is no deadline attached to anything that has been given the developer. She stated the developers past history is that he doesn't follow through without a deadline or enforcement. Ms. Miller inquired if it is appropriate to ask for a hearing before the Board of Trustees so that the residents issues can be discussed. She stated the residents know if some corrections are made that Canton has requested the developer to correct, and if they are made the whole system needs to be reviewed again because the flooding will not only affect the complex streets but Geddes Road as well. The residents are being told it is the County's responsibility, the County indicates it is Canton's responsibility and they feel caught in the middle. The HOA has been dealing with this situation for four years. Supervisor LaJoy stated the staff places certain demands on the developer to perform certain resolutions. Canton then follows up on these demands to ensure completion. He stated the Township Attorney is available if needed. He stated there is a plan in process. Canton has no December 10,

5 problem with holding individuals accountable to complete resolutions. Supervisor LaJoy stated staff will continue to be supportive and continue to work through the issues. Ms. Miller stated there were suppose to be follow-up meetings with the residents, developer, Canton and the County and no date for the meeting has been set or deadlines. Supervisor LaJoy stated he will have staff set up a follow-up meeting. Director Faas stated the last meeting conducted with the County the agreement was that Canton's engineering staff would work with Mr. Herriman and the developer. Jessica Kowalewski, Metaline Drive, stated she represented herself and other Canton residents in drawing attention to the Vicious Dog ordinance that includes breed specific (pit bull) language in its definition of "vicious dogs". Ms. Kowalewsi stated she and other Canton residents are strongly opposed to this language in the ordinance. She stated they request the Canton Board of Trustees to consider removing this breed specific language from the Vicious Dog ordinance. Ms. Kowalewski presented to the Board supporting documents for requesting this change, as well as listing supporting Michigan Cities who have adopted breed neutral language in their dog ordinance. Ms. Kowalewski also presented documents from her adoption application. Supervisor LaJoy stated the Township Attorney is working on removing the "pit bull" language from the ordinance. It is the staff's goal to have the first reading before the Board on January 14, He stated he will be happy to get Ms. Kowalewski a copy of the revisions to preview. Treasurer McLaughlin stated the existing ordinance was enacted approximately 20 years ago. At the time the ordinance was enacted, there were communities actually banning pit bulls. She stated Canton decided to not ban pit bulls and looked for a broad definition for an aggressive dog. She stated "pit bulls" were named in the ordinance but not to be the exclusive, but the more notable example. Treasurer McLaughlin stated there are a lot of individuals working very hard to redeem the reputation of the "pit bulls". She stated the ordinance was to assist in reducing the risk of an unfortunate incident. Payment of Bills Motion by McLaughlin, supported by Anthony to approve payment of the bills as presented. Motion carried by all members present. General Fund 101 $ 631, Fire Fund , Police Fund , Summit Operating , Street Lighting , Cable TV Fund , Twp Improvement 246 2, Downtown Dev. Auth , E-911 Utility Federal Grants Fund 274 7, Expenditure Recap for December 10, 2013 Cap Proj-Summit Const , Cap Proj-Road Paving 403 9, Golf Fund , Water & Sewer Fund , Fleet Maintenance , Trust & Agency Fund Construction Escrows 702 2, Post Employ. Benefits , Total - All Funds 2,514, CONSENT CALENDAR: Item 1. CONSIDER APPOINTMENT OF FIVE MEMBERS TO THE FIRE BOARD OF APPEALS. (PSD) December 10,

6 Motion by Bennett, supported by Williams to approve the appointment of Greg Stanley: 2-Year term, David St.Germain: 2-Year term, Bruce Hermanson: 3-Year term, Eugene L. Chun: 4-Year term, Timothy Blackwood, Jr.: 4-Year term, to the Fire Board of Appeals for the designated term of years. Motion carried by all members present. The 2000 International Fire Code, which has been adopted by the Township of Canton, Section 108 requires a Board of Appeals be established. Section provides that members of the Board of Appeals shall be appointed by the governing body (i.e., Township Board). Members of the Board of Appeals shall be qualified by experience and training to pass on matters pertaining to this code and not employees of [the Township]. Additionally, Section provides that the Board of Appeals shall adopt rules of the procedure and shall render all decision and findings in writing. It is the responsibility of the Fire Board of Appeals to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of the code. Membership of the board shall consist of five (5) voting members from various disciplines including a design professional; a fire protection engineering professional; an industrial safety professional; a general contractor; and a general industrial business representative. The Deputy Fire Chief is an ex-officio of the Fire Board of Appeals but has not vote on any matter before the Board. Canton s previous Fire Board of Appeals appointments have all lapsed, requiring the appointment of five (5) new members to restore a Board. The individuals listed below have accepted the Fire Chief s nomination, and if appointed, will have staggering term limits. Nominee Discipline Length of Term Greg Stanley Civil Engineer 2-Years David St.Germain Fire Protection Specialist 2-Years Bruce Hermanson Fire Design Engineer / Owner 3-Years Eugene L. Chun AIA NCARB 4-Years Timothy Blackwood, Jr. Senior Fire Protection Specialist 4-Years Item 2. CONSIDER SECOND READING FOR APPROVAL OF AN AMENDMENT TO APPENDIX A - ZONING OF THE CODE OF ORDINANCES FOR THE LAKE REZONING. (MSD) Motion by Bennett, supported by Williams to remove from the table, declare the second reading held and adopt the ordinance to amend the zoning map pursuant to Section of Appendix A- Zoning, of the Code of Ordinances for the Lake Rezoning as provided in the attached ordinance and map. The ordinance amendment shall take effect seven days after publication.. Motion carried by all members present. STATE OF MICHIGAN COUNTY OF WAYNE CHARTER TOWNSHIP OF CANTON December 10,

7 AN ORDINANCE AMENDING ARTICLE 8.00 OF APPENDIX A - ZONING, OF THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF CANTON, MICHIGAN WHICH AMENDS THE ZONING DISTRICT BOUNDARIES ON THE ZONING MAP THE CHARTER TOWNSHIP OF CANTON ORDAINS: PART I. ARTICLE 8.00 ESTABLISHMENT OF ZONING DISTRICTS AND MAP * * * Pursuant to Section of Appendix A Zoning, the zoning map is hereby amended by changing the zoning on parcel no from RR, Rural Residential to R-1, Single-Family Residential District as shown on the attached zoning map. PART II. Severability. Should any section, subdivision, clause, or phrase of this Ordinance be declared by the courts to be invalid, the validity of the Ordinance as a whole, or in part, shall not be affected other than the part invalidated. PART III. Savings Clause. The amendment of the Canton Code of Ordinances set forth in this Ordinance does not affect or impair any act done, offense committed, or right accruing, accrued, or acquired, or liability, penalty, forfeiture or punishment, pending or incurred prior to the amendment of the Canton Code of Ordinances set forth in this Ordinance. PART IV. Repealer. All other Ordinances or part of Ordinances in conflict herewith are hereby repealed only to the extent to give this Ordinance full force and effect. PART V. Publication. The Clerk for the Charter Township of Canton shall cause the ordinance to be published in the manner required by law. Part VI. Effective Date. A public hearing having been held hereon pursuant to the provisions of Section 103 of Act 110 of the Public Acts of 2006, as amended, the provisions of this Ordinance shall be published December 10,

8 within fifteen (15) days of its adoption of publications of a notice in a newspaper circulated in Canton Township stating the date of enactment and effective date, a brief statement as to its regulatory effect and that a complete copy of the Ordinance is available for public purchase, use and inspection at the office of the Township Clerk during the hours of 8:30 AM to 4:30 PM, Local Time. The provision of this Ordinance shall become effective seven (7) days after its publication. 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 10th day of December, 2013, and was ordered to be given publication in the manner required by law. Introduced: November 26, 2013 Adopted: December 10, 2013 Published: December 19, 2013 Effective: December 26, 2013 Terry Bennett, Clerk December 10,

9 December 10,

10 The above parcel is currently zoned RR, Rural Residential, located on the north side of Gyde Road between Beck and Ridge Roads, consisting of 10 acres, with existing land use as singlefamily. The surrounding land use on the north - R-1, Ravines Detached Condominiums, south - R-1 and RR, single-family residential, east - R-1, Single-family residential and west - RR, Single-family residential with a comprehensive plan of very low density residential (up to 1 dwelling unit/acre. The Planning Commission voted 6-0 to recommend approval of the request amend the zoning ordinance to rezone parcel no from RR, Rural Residential to R-1, Single- Family Residential as shown on the attached zoning map. The request is consistent with the allowable density on the Township s Future Land Use Map of the Comprehensive Plan and consistent with the zoning and land use patterns along Gyde Road. The owner intends to split the property into 2 or more lots fronting onto Gyde Road. Item 3. CONSIDER SECOND READING FOR APPROVAL OF AN AMENDMENT TO APPENDIX A - ZONING OF THE CODE OF ORDINANCES (CORPORATE PARK OVERLAY AREA). (MSD) Motion by Bennett, supported by Williams to remove from the table, declare the second reading held and adopt the ordinance to the amend Article 6.08 of Appendix A- Zoning of the Code of Ordinances amending the applicable area of the Corporate Park Overly as provided in the attached ordinance and map. The ordinance amendment shall take effect seven days after publication. Motion carried by all members present. STATE OF MICHIGAN COUNTY OF WAYNE CHARTER TOWNSHIP OF CANTON AN ORDINANCE AMENDING APPENDIX A ZONING, OF THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF CANTON, MICHIGAN, BY AMENDING ARTICLE SITE DEVELOPMENT STANDARDS APPLICABLE TO SPECIFIC USES, SPECIFICALLY SECTION 6.08, SITE DEVELOPMENT STANDARDS FOR THE CORPORATE PARK OVERLAY DISTRICT; TO AMEND THE APPLICABLE AREA. THE CHARTER TOWNSHIP OF CANTON ORDAINS: PART I. ARTICLE 6.00 SITE DEVELOPMENT STANDARDS APPLICABLE TO SPECIFIC USES * * * December 10,

11 Sec Site development standards for the corporate park overlay district. A. [Unchanged.] B. Applicable Area. The proposed Canton Corporate Park overlay district encompasses the area east of I-275, west of the township line, south of the industrial zoning south of Warren Koppernick Road, and north of the Detroit Edison ITC power lines, just north of Cherry Hill Road, not including the area located east of the railroad right-of-way, as illustrated in figure 6.08B.1. C. G. [Unchanged.] * * * Corporate Park Overlay Zoning Change Page 2 PART II. Severability. Should any section, subdivision, clause, or phrase of this Ordinance be declared by the courts to be invalid, the validity of the Ordinance as a whole, or in part, shall not be affected other than the part invalidated. PART III. Savings Clause. The amendment of the Canton Code of Ordinances set forth in this Ordinance does not affect or impair any act done, offense committed, or right accruing, accrued, or acquired, or liability, penalty, forfeiture or punishment, pending or incurred prior to the amendment of the Canton Code of Ordinances set forth in this Ordinance. PART IV. Repealer. All other Ordinances or part of Ordinances in conflict herewith are hereby repealed only to the extent to give this Ordinance full force and effect. PART V. Publication. The Clerk for the Charter Township of Canton shall cause the ordinance to be published in the manner required by law. PART VI. Effective Date. A public hearing having been held hereon pursuant to the provisions of Section 103 of Act 110 of the Public Acts of 2006, as amended, the provisions of this Ordinance shall be published within fifteen (15) days of its adoption of publications of a notice in a newspaper circulated in Canton Township stating the date of enactment and effective date, a brief statement as to its December 10,

12 regulatory effect and that a complete copy of the Ordinance is available for public purchase, use and inspection at the office of the Township Clerk during the hours of 8:30 AM to 4:30 PM, Local Time. The provision of this Ordinance shall become effective seven (7) days after its publication. 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 10th day of December, 2013, and was ordered to be given publication in the manner required by law. Introduced: November 26, 2013 Adopted: December 10, 2013 Published: December 18, 2013 Effective: December 26, 2013 Terry Bennett, Clerk December 10,

13 December 10,

14 Item 4. SECOND READING AND ADOPTION OF AN AMENDMENT TO THE CANTON TOWNSHIP CODE OF ORDINANCES, CHAPTER 30 - EMERGENCY SERVICES, ARTICLE II - ALARM SYSTEMS. (PSD) Motion by Bennett, supported by Williams to remove from the table and hold the second reading of an amendment to the Township Code of Ordinances, Chapter 30, Emergency Services, Article II, Alarm Systems. I further move to declare the text amendment adopted, and direct the publication of the text amendment on December 19, 2013, which shall be the effective date. Motion carried by all members present. STATE OF MICHIGAN COUNTY OF WAYNE CHARTER TOWNSHIP OF CANTON CHAPTER 30 EMERGENCY SERVICES AN ORDINANCE TO AMEND CHAPTER 30, EMERGENCY SERVICES, OF THE CHARTER TOWNSHIP OF CANTON CODE OF ORDINANCES TO PROVIDE A COST RECOVERY PROVISION FOR THE RESPONSE TO A FALSE ALARM. THE CHARTER TOWNSHIP OF CANTON ORDAINS: SECTION 1 AMENDMENT TO CODE Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alarm system means any electrical board, control system, or device, which a reasonable informed individual of common experience would refer to as a burglar alarm system or police alarm system, that will, upon activation, emit a sound or transmit a signal or message. Alarm user means any person using the services of a fire alarm system and/or burglar alarm system and/or police alarm system. False alarm means any activation of an alarm system or its components which does not signal an actual fire or an actual criminal act or its attempt or does not provide evidence for investigative officers to determine if a crime was committed or attempted; December 10,

15 also an alarm system activation which indicates a situation other than that which the alarm system was designed to indicate. An alarm activation caused by severe weather or other unexpected emergencies or electrical power failure, beyond the control of the owner or lessee, shall not be considered a false alarm. Public safety personnel means Charter Township of Canton police officers, dispatchers, fire personnel and other employees of the township who provide emergency services to persons and/or property in the township. Telephone number means any numbers assigned by a public utility company engaged in the business of providing communications services, and facilities to be used by means of a rotary or other system to connect with the police division and/or fire division of the township. Sec Automatic dialing prohibited. No person shall use or operate, attempt to use or operate or arrange, adjust, program or otherwise install any alarm system that will, upon activation, either mechanically, electronically or by any other automatic means, initiate the intrastate calling, dialing or connection to any telephone number assigned to the police division, fire division, or 911 Emergency Number which connects or assigns the number to the public safety department or its dispatchers without the prior approval of the director of public safety. Sec Activation without cause; prohibited audible alarms. (a) (b) (c) It shall be unlawful for anyone to activate any alarm system for the purpose of summoning the police or fire division except in the event of a fire or what is reasonably believed to be an unlawful act and/or an unauthorized entry on the premises. Whenever an alarm system has been designed and commonly understood to alert others to a fire or the commission of a particular crime, it shall be unlawful for anyone to activate such alarm system for the purpose of summoning the police or fire division except in the event of what is reasonably believed to be such particular crime or fire. It shall be unlawful to install or use an alarm system which, upon activation, emits a sound similar to sirens in use on emergency vehicles or for civil defense purposes. The provisions of this section shall not be applicable to audible alarms affixed to motor vehicles Sec Designated agent for audible or visible alarms. An alarm user who owns or maintains an alarm system which when activated causes a signal to be emitted which can be heard or seen outside the premises protected by the alarm system shall designate an agent who, upon thirty-minute (30) notice, can access the premises December 10,

16 in which the alarm system is installed and deactivate the audible and/or visible signal. The telephone number and address of the designated agent who will be available at any time, day or night shall be provided to the public safety department. Any changes in the designated agent shall be immediately communicated to the public safety department. Sec False alarm fees. In order to defray the expense incurred by the township in responding to false alarms, an alarm user who owns or maintains an alarm system which has transmitted a false alarm which has resulted in a response by the public safety department shall pay to the township a fee as established by this section. The fee shall be based on the number of occurrences within a rolling twelve (12) month period. First occurrence No charge Second occurrence No charge Third occurrence $ Fourth occurrence $ Subsequent responses $ Sec False alarm fees. (a) (b) The false alarms fees specified in section shall be charged in the following instances: (1) The absence of evidence of an illegal entry or an attempt thereof; (2) The absence of evidence of a fire; (3) A malfunction in the alarm system; (4) Activation of the alarm system by mistake; and (5) Activation of the alarm system by persons working on the alarm system where the public safety personnel have not been previously notified. The false alarms fees specified in section shall not be required in the following cases: (1) Activation of the alarm system due to severe storm conditions; (2) Alarm system malfunction, if corrective measures have been instituted within five (5) days thereafter, and a copy of a repair order by a licensed alarm system contractor is provided to the township police department within thirty (30) days of the false alarm; (3) Evidence of activation of the alarm system by disruption or disturbance of utility company facilities such as, but not limited to accidents involving utility poles; December 10,

17 (4) The director of public safety or their designee is hereby authorized and empowered to waive the requirement for false alarm fees upon presentation of evidence of the existence of circumstances in any given instance that the alarm system was activated by conditions beyond the control of the alarm user which could not have been reasonably foreseen or prevented. Sec Collection of false alarm fees. False alarm fees imposed under this article shall be paid within thirty (30) days of an invoice sent to the address to which public safety personnel were sent in response to the false alarm. In the event the fees are not paid within one year or exceed two hundred dollars ($200.00), the unpaid fee(s) shall be considered a lien on the property and shall be collected as delinquent ad valorem real property taxes. Sec Monthly alarm report. The director of public safety shall cause to be maintained a monthly alarm report in which shall be recorded all of the alarms to which the police have responded. Sec License required of alarm installers. No person may engage in the business of installing an alarm system unless they have been licensed by the State of Michigan in accordance with Act No. 190 of the Public Acts of Michigan of 1975, as amended, [MCL , et seq.; MSA (1), et seq.]. No person acting as an alarm contractor or installer, or its agent, may knowingly misrepresent any services offered or rendered to an alarm user. Sec Township under no obligation. The township shall be under no duty or obligation to any person under this article by reason of any provisions of this article, including any delays in response or failure to respond to any alarm. SECTION 2. VIOLATION AND PENALTY Any person or entity that violates any provision of this Ordinance may, upon conviction, be fined not more than Five Hundred ($500.00) Dollars or imprisoned not more than Ninety (90) days, or both, in the discretion of the court. December 10,

18 SECTION 3. 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 4. REPEAL OF CONFLICTING ORDINANCES All Ordinance or parts of Ordinance is conflict herewith is hereby repealed only to the extent necessary to give this Ordinance full force and effect. SECTION 5. 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 6. PUBLICATION The Clerk for the Charter Township of Canton shall cause this Ordinance to be published in the manner required by law. SECTION 7. EFFECTIVE DATE This Ordinance, as amended, shall take full force and effect 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 10th day of December, 2012, and was ordered to be given publication in the manner required by law. Introduced: November 26, 2013 Adopted: December 10, 2013 Published: December 19, 2013 Effective: December 19, 2013 Terry Bennett, Clerk December 10,

19 The Township currently has an ordinance in place that penalizes a false alarm with the issuance of a citation. Each time an alarm is triggered and the police department responds, the department incurs a cost in terms of manpower and equipment; however, many times alarms are triggered not as the result of an intentional act, and often times not by an individual against whom a ticket can be written. Very often, alarms are triggered as the result of an employee not setting the system correctly, or an interruption in power, or sometimes even by an animal or some other unintentional act. In those situations, there is no individual to write a citation to; yet the police department still incurs the costs for responding. The proposed text amendment would create a civil fine against an individual or entity who repeatedly fails to address issues their alarm system s unintentional activation. In this vein, the first two responses to false alarms to the same property would incur no charge; however, beyond two false alarms, an escalating charge would be billed to the property owner, beginning with a $100 fine to a maximum of $ The text amendment would allow any unpaid fines to be collected as delinquent real property taxes after one year of nonpayment. Item 5. SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND CHAPTER 46, ARTICLE I, DIVISION 3, FIREWORKS, IN ORDER TO BRING THE PENALTY PROVISION INTO COMPLIANCE WITH STATE LAW. (SUPERVISOR) Motion by Bennett, supported by Williams to remove from the table and hold the second reading of an amendment to the Township Code of Ordinances, Chapter 46, Article I, Division 3, Fireworks. I further move to declare the text amendment adopted, and direct the publication of the text amendment on December 19, 2013, which shall be the effective date. Motion carried by all members present. STATE OF MICHIGAN COUNTY OF WAYNE CHARTER TOWNSHIP OF CANTON CHAPTER 46 AN ORDINANCE TO AMEND CHAPTER 46, ARTICLE IV, DIVISION 3, FIREWORKS, TO ADD CORRECT THE PENALTY PROVISION AND BRING THE ORDINANCE IN COMPLIANCE WITH PA 256 OF 2011 THE CHARTER TOWNSHIP OF CANTON ORDAINS: SECTION 1. AMENDMENT TO CODE. Chapter 46, Article IV, Division 3, Fireworks is hereby amended to add a new section to read as follows: December 10,

20 Sec Penalty. A violation of sec and/or sec is a municipal civil infraction, punishable by a civil fine not to exceed $ in accordance with MCL 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 is 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. SECTION 6. EFFECTIVE DATE This Ordinance, as amended, shall take full force and effect 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 10 th day of December, 2013, and was ordered to be given publication in the manner required by law. Introduced: November 26, 2013 Adopted: December 10, 2013 Published: December 19, 2013 Terry Bennett, Clerk December 10,

21 Effective: December 19, 2013 Public Act 256 of 2011 set limits on the ability of local units of government to regulate the sale and discharge of consumer fireworks. Changes were made to Chapter 46 of the Canton Township Code of Ordinances in 2012, and again in 2013 when the state legislature amended PA 256. PA 256 limits the penalty that municipalities may place on individuals who violate provisions of our ordinance regarding the discharge of consumer fireworks to a $500 civil fine only. The Township Code also sets a maximum fine of $500 on the violation of a Township ordinance, but it also provides for the possibility of up to 90 days in jail. PA 256 is very clear that no other fine or penalty may be imposed, and so in order to prevent confusion for prosecutors and the court, the Public Safety Department has requested the Township ordinance be amended to clarify the maximum fine and ensure compliance with state law. Item 6. AUTHORIZATION TO PAY BILLS THROUGH THE END OF (FBD) Motion by Bennett, supported by Williams to authorize the payment of the Township s bills on December 27, 2013, as normally scheduled, subject to prior review by the Clerk and Treasurer. Motion carried by all members present. There will be no Board meeting on December 24, 2013; therefore, staff is requesting that the Board authorize payment of bills as scheduled upon review by the Clerk and Treasurer. The expenditure recap will be submitted to the Board at the next meeting on January 14, 2014, for confirmation of payment. GENERAL CALENDAR: Item 1. CONSIDER SPECIAL LAND USE REQUEST FOR THE PLYMOUTH CANTON MIDDLE SCHOOL. (MSD) Motion by Bennett, supported by McLaughlin to adopt the special land use request for the Plymouth Canton Middle School. Motion carried by all members present. RESOLUTION OF BOARD OF TRUSTEES CHARTER TOWNSHIP OF CANTON Special Use for Plymouth Canton Middle School WHEREAS, the Project Sponsor, Mr. Brodie Killian, has requested special use approval for the Plymouth Canton Middle School to be located on Cherry Hill Road between Canton Center and Beck Roads; and identified as tax EDP # ; and , WHEREAS, the Planning Commission found the proposed special use to be consistent with the development objectives of the Township and recommended approval conditioned upon receipt of a satisfactory photometric plan and a final traffic management plan approved by Wayne County; and, WHEREAS, the Board has reviewed the proposed special use and determines the proposal to be consistent with Zoning Ordinance regulations and development objectives subject to the conditions described in the analysis and recommendation form attached hereto and made a part hereof. NOW THEREFORE BE IT RESOLVED, the Board of Trustees of the Charter Township of Canton, Michigan does hereby approve the request of the Project Sponsor, Mr. Brodie Killian to conduct the special use for the proposed Plymouth Canton Community Schools Middle School subject to compliance with any conditions contained herein and all other regulations of the Township. December 10,

22 Supervisor LaJoy stated he wished to thank the staff for all their work on this project. He stated the most important issue is safety for all involved. Director Faas stated the biggest issues on this project has been criteria #3, which is traffic. A solution has been worked out, with an agreement between the Township and the County to have improvements to Cherry Hill Road entirely from Canton Center to Beck Road. Including work at both intersections and adding a continuous left turn lane from end to end of that stretch of roadway. The Charter School and Plymouth-Canton School District will work out an agreement with the Township on their portion of the upgrade components. Kurt Tyszkiewicz, Executive Director of Staffing, Student Services and Policy for the Canton District, introduced Neil Goodman, District Council, Jack Knowles, Bill Weinrauck, and Steve Banchero. Mr. Tyszkiewicz stated this is the second middle school in Canton. This middle school will be housing approximately 800 students and opening in the Fall of He stated the school is being built due to a bond that was passed by the residents of the Plymouth-Canton School District. He stated the school district has worked diligently with Canton and the County to meet the requirements, making sure Cherry Hill will be a safe passable road. Trustee Williams inquired if there will be a traffic light along Cherry Hill Road. He stated at one point there was discussion on a shared drive between the two schools with a signal light is that ongoing discussion. Supervisor LaJoy stated there will be two traffic lights with two entrances. The most eastern traffic light will be activated during peak times only, morning and evening. The other traffic light will be at Country Club Lane. He stated with the improvements and widening of Cherry Hill it is very comfortable from a safety aspect. Director Faas stated one of the next steps the school districts team will be revising the model that was developed jointly with the two different schools, Township and County to analyze exactly how that traffic will circulate between the proposed second traffic light at the entrance. Trustee Sneideman inquired if the busing will be revised within the next school year for the new middle school. He stated he would like to know the plan for walking students as well as the busing with Canton students no longer needing to be bused to Plymouth. Mr. Tyszkiewicz stated the District is looking to redistrict the entire district for the Fall of He stated those questions will be addressed. The above parcel is currently zoned R-2, Single Family residential, located north of Cherry Hill Road, west of Canton Center Road, consisting of 23 acres with existing land use as vacant, agricultural. The surrounding land use and zoning on the north - RR, ITC Corridor, south - R-3, Fairway Pines, east - RR, Rural Residential, frontage residence and agriculture, and west, R-3, Vacant, proposed Charter High School with a comprehensive plan of Medium-Low density residential (up to 3 units per acre). Plymouth Canton Community Schools has requested special land use approval for the purpose of constructing a new middle school on Cherry Hill Road between Canton Center and Beck Roads. Conceptual building and site plans have been provided. While the school has not satisfied Township Ordinance standards, the design conforms to guidelines established by the State Superintendent of Schools. In light of the proposal for a charter high school immediately to the December 10,

23 west staff has worked with both schools and personnel at Wayne County Department of Public Services to develop a plan to minimize traffic impacts in this area. The Plymouth Canton Community School District Board is meeting on December 6, 2013 to consider entering into an agreement with the charter school and the Township on road improvements to Cherry Hill Road as part of a County-sponsored project. Plymouth Canton Community Schools proposes to construct a new middle school on the subject property. These parcels were recently rezoned to R-2, Single Family Residential to accommodate construction of the school. Schools are considered to be special land uses in the Zoning Ordinance in residential districts because typical activities require additional scrutiny to assure compatibility with surrounding neighborhoods. The State Superintendent of schools is the approval authority for the site plan and issues the construction permits for public schools. Stormwater permits are approved by either Canton Township or Wayne County Department of Public Services (DPS) and roadway design by Wayne County DPS. The proposed middle school will house grades 6 8 with 800 students and 75 staff members. Hours of operation are generally from 7:30 am for staff arrival to 6:00pm for conclusion of athletic events. Typically there will be 14 buses daily. The special land use criteria contained in Article 27 provide guidance to evaluate whether or not this use is appropriate for this location. Of greatest concern is the potential traffic impact on Cherry Hill Road and detrimental effects that may result from construction of the new school. The Zoning Ordinance provides for landscape screening for road frontage and for adjacent residential properties. The concept plan shows adequate space is available to meet Ordinance standards for screening; however, the design shown does not comply with the letter of Article 5 for landscaping. Quantities and sizes of plant material are less than required. Sod and irrigation are not proposed. A retaining wall is shown for the road frontage to prevent vehicle lights from shining offsite. The State has established standards for school landscaping including screening. The plan shown exceeds those requirements. It should be noted that a charter high school is proposed on property adjacent to the west. That facility anticipates 800 students at full capacity and 40 staff members. Township staff has been meeting with representatives of both schools and Wayne County Department of Public Services to devise a solution to mitigate the projected traffic issues that will result from addition of the two schools on Cherry Hill Road. Students will be bussed to the middle school but will either drive to or be dropped off at the high school. The County has the ability to move up a future widening project it had planned for this segment of Cherry Hill Road that would be eligible for 80% Federal funding. The problem is that the County does not have the 20% local match required to obligate the funds. Under discussion is a proposal for the Township to provide the 20% local match (through a reimbursement agreement with the two schools) under a standard intergovernmental agreement with Wayne County. A traffic signal has been proposed by the Charter School at Country Club Drive, however that location may cause delays for the middle school unless the two parties opt for a shared entrance. December 10,

24 The Plymouth Canton Community Schools traffic consultant will be required to analyze the traffic impacts of the second traffic signal amongst the sites and along the corridor before Wayne County DPS will approve separate signals. At this time both schools are reviewing the proposals for funding and Wayne County is evaluating traffic data to finalize the improvements that will be needed. Configuration of the site and location of driveways may change based upon Wayne County s analysis and subsequent decision regarding road improvements including location of the traffic signal. The photometric plan for the school is forthcoming. Staff will review it for conformance with Ordinance standards and work with them to assure compliance. There is no lighting proposed for the track and tennis courts. A detail for the dumpster enclosure is included on the plans, however it is not 8 feet tall per Article 2.14 of the Ordinance. The property has been rezoned to R-2, Single Family Residential which permits a building height of 35 feet at the midpoint of the roofline. Architectural features such as the cupola on the building may extend a maximum of 20 feet higher for a total of 55 feet. Building height as measured at the midpoint of the roofline is shown as 31 ½ feet. Dimensions provided on the architectural sheets show the cupola to be in excess of 55 feet. The location of the cupola feature and building in relationship to the property lines is such that it meets the intent of the Ordinance provision. On December 2, 2013 by a vote of 4-0, the Planning Commission recommended approval of the special land use request for the Plymouth Canton Middle School conditioned upon receipt of an acceptable photometric plan and a final traffic management plan approved by Wayne County. Item 2. CONSIDER AWARD FOR COMMUNITY SURVEY AND BENCHMARK ANALYSIS. (CLS) Motion by Bennett, supported by McLaughlin to approve the following budget amendment: Increase Revenue _0004 Reimbursement Misc. $10,000 Increase Expense _0050 Contracted Services $10,000 I further move to authorize the Community Needs Assessment and Benchmark Analysis from ETC Institute, 725 W. Frontier Circle, Olathe, Kansas, in an amount not to exceed $24,000 to be taken from account # _0050. Motion carried by all members present. Director Bilbrey-Honsowetz stated by conducting a joint survey with the Canton Public Library she believes the results will be stronger. She stated ETC Institute conducted the 2009 survey and staff was very pleased with their services. Leisure Services conducts a community survey and benchmark analysis every five years. This survey is required by the Department of Natural Resources (DNR) for development of the department s master plan. A master plan is required to apply for grants administered by the DNR. The survey being proposed is a Community Needs Assessment and Benchmark Comparison of National Averages of Citizen Survey Data. The survey will identify needs within the community along with benchmark comparisons of current national averages of citizen survey data. This data December 10,

25 can provide strategically important information for decision making and leisure services planning. Staff is proposing to conduct a joint survey with the Canton Public Library. This joint effort will allow both parties to leverage budgeted funds and include options in the survey that alone neither party would have been able to afford. These additional services include GIS mapping and importance/satisfaction analysis. The total cost including the additional services will be an amount not to exceed $24,000 with the Library contributing $10,000 and the Township contributing the balance up to $14,000. Request for Proposals were solicited to conduct a community survey and benchmark analysis to meet the needs of the Leisure Services Department as well as the Library. The survey will include questions specific to each area as well as questions that will apply to both. Also planned to be included are questions that will apply generally to the Township. Key survey requirements included in the RFP were: Survey to be conducted by phone or mail/phone, or mail/phone/on-line. Survey needs to have a 95% level of confidence with a margin or error of at least +/- 4%. Survey needs to be comprehensive in nature, addressing a full-range of needs assessment issues impacting the delivery of program services and the need for improved and/or new park facilities, trails, recreation facilities and libraries. Survey to be completed within 90 days from date of contract issuance. Provide benchmark comparison of national averages of the citizen survey data. Joint presentation of survey results to Township Board and the Library Board and a joint presentation to department staff. Two companies submitted responses with ETC Institute being selected by a review committee consisting of representatives from both the Township and the Library. ETC has a wealth of experience in conducting surveys for both Libraries and Parks & Recreation Departments. ETC also conducted the last community survey for CLS. A distinct advantage of using ETC is their proprietary benchmarking data that only they can provide as a benefit of their extensive experience in the field. Item 3. CONSIDER APPROVAL OF AN INTER-GOVERNMENTAL AGREEMENT BETWEEN WAYNE COUNTY AND CANTON TOWNSHIP FOR THERAPEUTIC RECREATION PROGRAM SERVICES. (CLS) Motion by Bennett, supported by McLaughlin to authorize the Township Supervisor to sign the Intergovernmental Agreement between Wayne County and Canton Township for Therapeutic Recreation Program Services. I further move to authorize the Finance Department to make necessary 2014 & 2015 budget adjustments to record the Wayne County contribution and the related expenditures: December 10,

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