At the March 3 meeting of the Van Buren Township Board of Trustees, Supervisor Kevin McNamara declared two motions as failing because the 3-2 vote did not reach the majority of the seven-member board, which is four votes.
Two members of the township board were absent from that meeting. Clerk Leon Wright was at a Michigan Municipal Risk Management Authority meeting and Trustee Sherry Frazier was ill.
The two voting no were Trustees Reggie Miller and Paul White.
But, the next day, March 4, Supervisor McNamara sent out an explanation to the board members and the press that, actually, the motions had passed.
He wrote:
Dear Colleagues,
Last night we voted three to two to accept the two contracts for the landscaping and pillars at township hall. At the time there was confusion as to “did this mean the resolution passed or failed”. At the time it was thought that a majority of the full board (4 votes) was required.
This was not the way that Robert’s Rules has this issue stated. So the question is did we (Van Buren) change this for our purposes.
The Planning Commission is clear that a quorum is required to open the meeting and a vote of the majority of the full board is required for passage. This is clear. Majority of the board and not the sitting members at the meeting.
The Board of Trustees is less clear. Clearly the board requires a quorum to open – but section seven states that a majority is required to pass. It does not state that it is a majority of sitting and not sitting members. In Robert’s Rules it is stated as a majority also is required to pass. But they go on to describe a majority as a majority of those at the meeting – opened by a quorum.
Robert’s Rules states “a proposition must be adopted by a majority vote; that is, direct approval — implying assumption of responsibility for the act — must be registered by more than half of the members present and voting on the particular matter, in a regular or properly called meeting at which the necessary minimum number of members, known as a quorum is present”.
Based on this, our attorney has advised us that these motions passed.
I have always believed that the will of the majority of the sitting quorum is what was required to pass an issue. It is that way in all of the other boards I have sat on in the past and present. It is also clear in Robert’s Rules that the “maker of a motion” (not seconder of the motion) cannot speak against the motion unless they remove their motion. Not a big deal just interesting trivia.
The motions before the board on March 3 were to select low-bidder Davenport Brothers Construction to do entry improvements at township hall at a cost of $132,000 and to select low-bidder Crooked Tree Nursery of Owosso to do landscaping improvements around township hall at a cost of $133,092.15.
Both motions are now considered passed and the work, to be coordinated between the two firms, is expected to be completed by the end of June.
The entryway work is to redo the 21 posts at the four township entryways which also included painting the undersides of all the roofs.
During the work/study session on March 2, Trustee Miller pointed out the pillars were going to cost more than $6,000 each.
Trustee Miller asked why they didn’t just sand and repaint the pillars and Public Service Director Matthew Best said they tried that and it lasts six to seven months and starts pealing again.
Supervisor McNamara said masonry is extremely expensive these days and Van Buren Township is very grateful to have Davenport in its backyard.
“This will last 30 years,” Supervisor McNamara said.
Trustee Miller wanted to see a picture of what these pillars were going to look like since there were only engineering drawings presented to the board.
Director Best said the pillars were custom designed for the township, but he had a picture that sort of looks like it.
At the March 3 meeting, Director Best displayed a picture of what the pillars would look like, except they were different on the bottom.
As to the landscaping that would cost $133,092.15, Director Best said it was designed by Russell Design, who also did the Splash Pad/Quirk Park.
Trustee Miller asked why they selected a landscaper out of Owosso and Director Best said Crooked Tree worked on the Downtown Development Authority project and did DDA projects in the past. They outbid local bidders Gonczy and Randy Brown.
On the Davenport contract, the motion was made by Treasurer Sharry Budd and seconded by Trustee White, and White then voted against it.
On the Crooked Tree Nursery contract, the motion was made by Trustee White and seconded by Treasurer Budd. White then voted no.
In other business at the March 3 regular meeting, the board:
• Approved the Stormwater Maintenance Agreements with Subaru Research and Development, Inc. and U.S. Signal Properties, LLC, as required by Wayne County;
• Approved the 2019 Planning Commission Annual Report, as required by state law. It was prepared by Director of Planning and Economic Development Dan Power;
• Heard Supervisor McNamara announce that Director Power and his wife Tori welcomed their son Hugo into the world at 10 a.m., March 3. He weighed eight pounds, six ounces and was 22 inches long. He also was four days overdue;
• Approved the prepaid voucher list of Feb. 20 on a vote of 4-1, with Trustee White voting no. The voucher list was removed from the Consent Agenda by White’s request, so it could be discussed. He addressed the $98 lunch for employees paid from donations. He read the law and said it is the duty of those elected to keep public and private money separate and apart and it shall not comingle. If it is, the offending party will be guilty of a misdemeanor. “I’m not saying this is embezzlement … but comingling.” Supervisor McNamara said it doesn’t stop the board from donating and they found private donators to pay for the meal. “We found a way around it by doing it legally,” McNamara said. Treasurer Budd said the money goes into its own account for a designated use. She said every member of the board wrote a check for this. Treasurer Budd said the attorney opinion is the same and there is nothing wrong with what they did. “I didn’t take any money from the water or tax account… It’s in it’s own account,” Budd said. Supervisor McNamara said this is the third year in a row and the attorney had the same opinion. Trustee Miller said White should file a letter with the attorney general if he still has concerns. Treasurer Budd said the donations were put in their own fund and White said it was in the Board fund under “Other.” Budd said it was in another account. “If it was comingled it wouldn’t matter,” Supervisor McNamara said, “It’s not personal money.” White insisted a first-grader could understand the situation. McNamara called the question and it was 4-1. Then the board voted on the prepaid voucher list and it was approved, 4-1;
• Rick Williams of Tyler Road was back to see if the board was going to help him with his water problems. He had attended the Feb. 4 meeting with his request. Director Best said in July 2019 the township engineers reviewed the ditch from Meijer to the McClaughry Drain on Tyler Road and found the ditch was an old privately owned farm drain that was not properly maintained. The ditch is obstructed and floods the properties. If the private owners cleaned the ditch, the flow still wouldn’t go correctly because the McClaughry Drain where the ditch empties hasn’t been kept clean, Best said. He said in 2014, Romulus and VBT petitioned the county to clean it and the Drain Commission found it not necessary. This drain runs in front of Visteon Village and on the west side of the freeway it floods. McNamara said the township hoped it was Meijer causing the problem, but it wasn’t. Williams said 23 years ago when he moved there he could drive his car on the back of his property and it was dry. He said another problem is water coming from Speedway across Tyler Road and running into his property. Williams said the issue with Meijer was already litigated in court and decided in favor of the resident, his neighbor, “but I would rather not go that way.” McNamara said the township would be interested in seeing the case and Williams said he would get the case number for them. McNamara said the township is reluctant to spend public money on private property; and
• Heard Trustee Miller said she is glad that Trustee Sherry Frazier, who was ill, was absent from her seat next to Miller at the board table. “If you’re sick, please stay home,” she said, echoing what the Center for Disease Control is advising the public concerning the coronavirus.
Communications Internship Program
At the March 2 work/study meeting of the board, a proposed 24-page internship program for the Communications Department was discussed. It would be for two high school and two college students, no more than four total. The interns would not be paid, but would get credit at their college or high school.
Supervisor McNamara said they would like to put about $5,000 in the new budget for this for when those trained in the future could be called back for free-lancing work. Supervisor McNamara said the board wouldn’t be voting on this until budget time.
Alysha Albrecht said they are working on a legacy project with the high school, bridging the gap between the youth and senior citizens, by recording oral histories. She said they are working with the library to archive the interviews. As a part of the project, students will made a 4-5 minute video of the person for a special aspect of the person’s life.