Sumpter attorney says he made a mistake with storm water resolution

At the beginning of the Dec. 12 meeting of the Sumpter Township Board of Trustees, township attorney Rob Young asked the board to reconsider a resolution he asked them to make at its Nov. 28 meeting.
And, the motion to reconsider had to be made before the official minutes of the meeting were approved, he said, so the agenda was rearranged.
In the Nov. 28 motion, the board unanimously approved a resolution in which the township accepted the storm water management and maintenance of the storm water management system on the Fox Auto property at 8111 Rawsonville Road.
“The county had requested from the township a maintenance permit,” Young began, then paused. “Let me back up.”
He explained whenever any upgrades are made to a storm water system, an arrangement is made going forward “so we don’t have water building up on someone else’s property.”
He said the township enters into a management agreement with the business for them to file with the register of deeds.
“When this was sent to the clerk, I thought the stormwater management system was complete,” he explained. “But changes to the system are still under negotiation … We would reconsider once he finishes negotiation … once it’s complete.”
He said it was premature in one way. He said the permit indicated it was done, but they were still negotiating. It should be complete in about a year and a half, in 2019.
He said he talked to the county and Mr. Fox and they are OK with the reconsideration motion.
“When the minutes are approved, that becomes the official action of the board,” Young said. “If you reconsider before the minutes are approved, it’s as if it never happened.”
When the reconsideration motion was passed, attorney Young said, “Let the minutes reflect that subject is tabled until information is received.” A motion was made to that effect and passed.
For several years, the Wayne County rules on Storm Water Management have been a source of contention with the Van Buren Township Board of Trustees which has considered suing the county over the requirement. Wayne County is the only county in the state that requires local municipalities to take responsibility for maintenance of a business’ storm water management if the business doesn’t do it.
In other business at the Dec. 12 meeting, the board:
• Approved the recommendation of the Finance Director to opt out of Act 152 for the next 12-month period. The state’s cap on employee contributions for medical expenses is 20% and currently Sumpter employees contribute 10%. “We’re under the cap and nothing changes,” said attorney Young, noting, “You have to comply”;
• Approved the placement of one new street light on an existing wood pole at the corner of Elwell Road and Executive Drive at a cost of $893.51. The light is on public property and will help the fire department find sites in a dark area, said Trustee Don LaPorte;
• Approved a resolution to amend the Sumpter Township employees’ retirement and trust agreement. “This is important,” Young said, noting they are changing the names, removing people who aren’t here. He said Clarence Hoffman and Maria Beaudrie were names still on the non-MERS agreement. New names are John Morgan, Karen Armatis, and Esther Hurst, who are members of the group;
• Approved the supervisor’s re-appointment of Ken Bednark to the Zoning Board of Appeals, with a term to expire Dec. 17, 2020;
• Approved the recommendation by Hennessey Engineers to award the demolition of 42855 Willow Road, 18367 Savage Road, and 43936 Willow Road to Jack Bush Contracting at the total bid cost of $45,600, using federal Community Development Block Grant funds;
• Approved hiring Elizabeth Blackburn, 18, as a fire fighter on the Sumpter Township Fire Department, pending a physical. She said she earned her EMT during her senior year in high school. It was pointed out that takes 367 hours of work;
• Approved hiring Barton Wade Devos, Jr., as a full-time police officer, contingent upon his successful completion of the required physical and psychologial examinations and drug screenings. Devos is a police officer in the Roswell, New Mexico, police department and he will give notice there. He is a graduate of Belleville High School, Eastern Michigan University, and the Wayne County Police Academy, said Police Chief Eric Luke. He said Devos’ mother and brother live in the community and his father is a sergeant on the Van Buren Township Police Department;
• Heard Police Chief Luke report that a motor vehicle stolen on Dunn Road was found around the corner on Martinsville Road, behind a building. He believed it was taken by young adults. It was put on a Nixle alert, but the situation was contained within three residences. Trustee Don LaPorte said he wants people to know how to sign up for Nixle alerts. Chief Luke said crime maps are also good. People can sign up with an address and be alerted to crimes around that location;
• Heard Supervisor John Morgan ask Fire Chief Joe Januszyk if his department is having trouble responding to medical runs and Chief Januszyk replied, “We’re a little short, slowing building back up. A couple have family issues. It takes it toll.”
He said he expects to bring on three more fire fighters in January, but Supervisor Morgan said that doesn’t help now;
• Heard Supervisor Morgan honor Colin Lynch for 14 years on the fire department, as part of his ongoing effort to honor township employees;
• Heard Mary Ban tell about the sparsely attended FAA public hearing at the Sumpter Township Community Center to tell about Metro Airport – Cleveland air space. She asked when the handicap door would be installed at the township hall and was told it’s back-ordered. She asked about the proposed garbage rate increase and was told the attorney had to reschedule a meeting on the subject and then the auditor will review it. Ban also reported she talked to County Commissioner Haidous and he said the New Boston bridge is going out for bids in January and is expected to be back in use by Nov 1;
• Heard Jay Bardell say three to four seniors called him asking about who is going to plow their snow. Supervisor Morgan said when it’s 3″ the water department will plow. Bardell told Morgan he should have called him to say he didn’t want him to be Santa Claus for the Supervisor’s Children’s Party this year. Bardell has been Santa for six of the last seven years. “A decision was made by another person to let another resident who wanted to give a service to the community,” Morgan said. “I almost got run over by your deputy supervisor,” Bardell said, noting in the past he could always just sit down and talk to Morgan in private. “We have a policy in my office to have another person there to back up what is said,” Morgan said. “Things evolve. It’s nothing to do with you.” Bardell said since he no longer is Santa Claus, is he going to be reappointed to the planning commission? Morgan said he doesn’t know yet and Bardell said his term is up in 2018. Bardell said he believes this is political and he is being punished for running against Morgan for supervisor in the last election; and
• Held a two-minute public hearing at 6 p.m. on the Community Development Block Grant program and voted to transfer $20,000 in 2016 program funds from Housing Rehabilitation to Senior Services.