Amy Plumb, S Morrish Road, had break- in, after incident Police Chief and
Officers checked on me, feels safe with Melki on duty. Mr. Wilson, Timberlea.
Court ...
A CHARTER TOWNSHIP OF CLAYTON REGULAR BOARD MEETING DECEMBER 11, 2008 The regular Board of Trustees meeting of the Charter Township of Clayton was called to order by Supervisor Beatty at 6:56 p.m. on December 11, 2008 in the Clayton Township Hall. BOARD MEMBERS PRESENT: Supervisor Bruce Beatty Clerk Dennis Milem Treasurer Natalie Dennings
Trustees:
Greg Childers Jennifer Henry Glenn Huffman Chuck Shinouskis
Pledge to the flag followed by a moment of silence. CONSENT AGENDA: MOTION by Childers, seconded by Milem, to approve the following: meeting agenda, regular meeting minutes of November 13, 2008, special meeting minutes of November 25, 2008 and December 9,, 2008, Bills List, and Treasurer’s Report Role call vote:Beatty---yes. Childers---yes. Dennings---yes. Henry---yes. Huffman---no. Milem---yes. Shinouskis---yes. MOTION CARRIED. PUBLIC COMMENT: Police Chief Melki’s Employment Contract: Charles Etzler, Seymour Road, inquired about the reasons for Chief Melki’s suspension. Bob Carso, Rosewood Drive, best Police Department under Melki, crime rate almost nothing, the Chief usually hires ex-police officers, there should be no suspension---give raise. Jamie Hresko, Potter Road, What are the performance issues? Stanley Godley, Seymour Road, Melki has a contract until proven wrong, the Board is not doing what people want. Ken Brill, Lennon Road, want to know what the Township gains when the Chief Melki is still getting paid. Unidentified resident- did the Board vote on suspension? Nancy Abraham, Calkins Road, on what authority was the Chief suspended? There is a risk of a lawsuit for Breach of Contract, not just for the Police Chief but also for the other contracts. Sandy Brill, Lennon Road, have concerns with the Police Chief and Attorney contracts in the midst of litigation. Why get rid of the attorney in the middle of litigation. Chet Hagon, Duffield Road, very happy with the Chief, very professional. Unidentified resident—what is the normal process—seen nothing but the best—works well under budget. Amy Plumb, S Morrish Road, had breakin, after incident Police Chief and Officers checked on me, feels safe with Melki on duty. Mr. Wilson, Timberlea Court, supports Melki, feel very safe constantly patrolling, police very visible. Janet Crocket, Lou Mac Drive, Chief works with Crime Watch, very professional. John Solecki, Hidden Creek, our safety and effectiveness is compromised, someone has to take responsibility. Resident, South Fork Drive-a lot of gray area, need to hear explanation. Supervisor Beatty distributed letter from MTA attorneys and made a verbal statement of reasons for suspensions. Trustee Childers read Attorney Iamarino's letter of December 8 into the record. Supervisor Beatty suggested that (1) Building Inspector Ted Henry be brought back for 60 days in order to reconstruct his contract; (2) Attorney Iamarino may have a conflict-of interest due to comments in his correspondence with the Supervisor; (3) Chief Melki be brought back for 60 days, reporting all activities, in order to reconstruct contract. 2009 BUDGET PUBLIC HEARING: MOTION by Milem, seconded by Huffman, to postpone the public hearing on the 2009 Budgets and Resolution 08-1211-01, 2009 Budgets until Thursday, December 18, 2008 at 7:00 p.m. at the Clayton Township Hall. Roll call vote: Childers—yes. Dennings—yes. Henry—yes. Huffman—yes. Milem—yes. Shinouskis—yes. Beatty—yes. MOTION CARRIED. SECOND READING--ORDINANCE AMENDMENT NO. 399.30, MI BUILDING CODE AND RESIDENTIAL CODE; NO. 399.31, PROPERTY MAINTENANCE; NO. 399.32, ELECTRICAL CODE; NO. 399.33, MECHANICAL CODE; NO. 399.34, PLUMBING CODE: MOTION by Milem, seconded by Dennings, to approve the first readings of the following Ordinance Amendments: Ordinance Amendment No. 399.30, Michigan Building Code and Residential Code; Ordinance Amendment No. 399.31, Property Maintenance Code; Ordinance Amendment No. 399.32, Electrical Code; Ordinance Amendment No 399.33, Mechanical Code; Ordinance Amendment No. 399.34, Plumbing Code. Roll call vote: Sayer—yes. Mlynek—yes. Shumaker—yes. Childers—yes. Huffman—yes. Lurvey—yes. Meier—yes. (Perkins—absent.) MOTION CARRIED. For amendments text see General Ordinances. AGENDA CHANGE: MOTION by Milem, seconded by Huffman to move the following agenda item forward to be discussed: CONTRACTED EMPLOYEES' SUSPENSIONS. MOTION CARRIED. The Board agreed to allow Public Comment to continue.
Page 2 Clayton Twp Brd minutes of 12/11/08 PUBLIC COMMENT CONTINUED: Police Chief Melki's Employment Contract Unidentified resident (addressing Supervisor) asked what is the process, did you follow it, are you a police officer, were the locks changed on the Police Station, do you have a key to the Police Station? (Supervisor—yes, have key.) Resident--Do not feel safe with everyone having a key. Nancy Abraham, Calkins Road, is Chief Melki a township employee , not a public officer? Answer—yes he is an employee. MTA letter addresses public officers not employees. Tammy Kaprahn, Seymour road, MTA letter addresses 'lame duck sessions'—would apply to the Attorney's contract not the Police Chief.'s. Nancy Abraham, Calkins Road, stated that the Township Board appoints the Chief. Where does it says (addressing Supervisor) you appoint the second in command to the Chief position? What liability? Why not convene a special meeting? Stanley Godley, Seymour Road, you have extended a 60-day at-will contract? Supervisor Beatty declared a recess at 7:53 p.m. Meeting reconvened at 8:00 p.m. Clerk Milem informed the residents that although the suspensions were done without Board approval, the 60-day extension to the employment contracts would allow the Board time to review and negotiate employment contract changes if desired. COMMUNICATIONS: None CONTRACTED EMPLOYEES' SUSPENSIONS: MOTION by Shinouskis, seconded by Huffman, to reinstate for 60 days Township Attorney Steve Iamarino, Building Inspector Ted Henry, Police Chief Chuck Melki, requiring the reporting of daily activities to the Board, for the reconstruction of at-will employment contracts. Roll call vote: Shinouskis—yes. Beatty—yes. Childers—yes. Dennings—yes. Henry—yes. Huffman—yes. Milem—yes. MOTION CARRIED. INSURANCE, BURNHAM & FLOWER: MOTION by Milem, seconded by Henry, to accept the proposal for the township liability insurance from Burnham and Flower at a cost of $32,819.00 for 2009. Roll call vote: Milem— yes. Shinouskis—yes. Beatty—yes. Childers—yes. Dennings—yes. Henry—yes. Huffman—yes. MOTION CARRIED. Copy of proposal in Insurance file. RESOLUTION 08-1211-02, REFUNDS ON TAX OVERPAYMENTS UNDER $5.00: MOTION by Shinouskis, seconded by Milem, to adopt Resolution 08-1211-02, Refunds on Tax Overpayments Under $5.00. Roll call vote: Childers—yes. Dennings—yes. Henry—yes. Huffman—yes. Milem—yes. Shinouskis—yes. Beatty—yes. MOTION CARRIED. For text of Resolution see attached. TAXES--SPECIAL ASSESSMENT, REMOVAL OF TRASH PICK-UP: MOTION by Milem, seconded by Huffman, to remove the special assessments for trash pick-up on the following tax parcels: 04-27-300-020, 3291 S. Van Vleet Road uninhabitable); 04-14-300-020, 8280 Corunna Road (vacant land); 04-15-552-022, Houston Drive (vacant land). Roll call vote: Beatty—yes. Childers—yes. Dennings—yes. Henry—yes. Huffman—yes. Milem—yes. Shinouskis—yes. MOTION CARRIED. SEWERS, RATE INCREASE: MOTION by Shinouskis, seconded by Henry, to authorized a sewer rate increase to Clayton Township residents as a pass-through from the Genesee County Drain Commission. Roll call vote: Milem—yes. Shinouskis—yes. Beatty—yes. Childers—yes. Dennings—yes. Henry—yes. Huffman—yes. MOTION CARRIED. For copy of proposed increase see attached. AGREEMENT, PICTOMETRY: MOTION by Milem, seconded by Huffman, to renew the Pictometry Agreement with Genesee County at a cost of $789.00. Roll call vote: Dennings—yes. Henry—yes. Huffman—yes. Milem—yes. Shinouskis—yes. Beatty—yes. Childers—yes. MOTION CARRIED. EDUCATION, 2009 MTA CONFERENCE: MOTION by Milem, seconded by Henry, to postpone consideration of Township Board members attendance at the 2009 Michigan Township Association Annual Educational Conference. Roll call vote: Huffman—yes. Milem—yes. Shinouskis—yes. Beatty—yes. Childers—yes. Dennings—yes. Henry—yes. MOTION CARRIED.
Page 3 Clayton Twp Brd minutes of 12/11/08 RESIGNATION OF FINANCIAL ADMINISTRATOR: MOTION by Huffman, seconded by Milem, to accept the resignation of Mary Ann Mills as Clayton Township Financial Administrator. Roll call vote: Henry—yes. Huffman—yes. Milem—yes. Shinouskis—yes. Beatty—yes. Childers—yes. Dennings—yes. MOTION CARRIED. Copy of resignation in personnel file. EQUIPMENT, PA SYSTEM & RECORDER: MOTION by Shinouskis, seconded by Dennings, to authorize the seeking of bids for a public address system and recorder for the meeting room. Roll call vote: Beatty—yes. Childers—yes. Dennings—yes. Henry—yes. Huffman—yes. Milem—yes. Shinouskis—yes. MOTION CARRIED. TOWNSHIP OFFICE HOURS: MOTION by Dennings, seconded by Milem, to authorize the Township Offices to be open continuously from 9:00 a.m. to 5:00 p.m., Monday through Friday. Employees to have staggered lunch hours. Roll call vote: Childers—yes. Dennings—yes. Henry—yes. Huffman—yes. Milem—yes. Shinouskis—yes. Beatty—yes. MOTION CARRIED. POLICE PATROL CARS: MOTION by Shinouskis, seconded by Huffman, to postpone consideration of patrol car purchase until the Board can receive the input of the Police Chief. Roll call vote: Henry—yes. Huffman—yes. Milem—yes. Shinouskis—yes. Beatty—yes. Childers—yes. Dennings—yes. MOTION CARRIED. FIRE DEPARTMENT EQUIPMENT, BREATHING APPARATUS: MOTION by Childers, seconded by Dennings, to approve Clayton Township's share of the five-percent (5%) municipal match for a FEMA grant for breathing apparatus for the Swartz Creek Area Fire Department; total grant amount $141,000.00, cost of township share is $3,535.00. Roll call vote: Henry—yes. Huffman—yes. Milem—yes. Shinouskis—yes. Beatty—yes. Childers—yes. Dennings—yes. MOTION CARRIED. REPORTS by the following departments and committees: Attorney Report; Building Department Report; Fire Board; Fire Department; Roads & Bridges; Water & Waste; Metropolitan Alliance; Planning Commission; Police Department; 911 Advisory Committee; Zoning Board of Appeals. ADJOURNMENT: MOTION by Huffman, seconded by Childers, to adjourn meeting. MOTION CARRIED and meeting adjourned at 8:56 p.m. Minutes recorded by,
Dennis Milem, Clerk
Accepted by,
Bruce Beatty, Supervisor
