Approved Summary Minutes

Grosse Ile Board of Trustees

September 24, 2001
Grosse Ile Township Hall – Merle Solomon Board Room
9601 Groh Road

Present: Supervisor Jones, Clerk O'Connor (arrived at 7:40 p.m.), Treasurer Kobiljak, Trustees Neal, Raithel, Will and Wojewodzic and Township Manager Reaume.

Absent: None

Supervisor Jones opened the regular meeting at 7:37 p.m.

Pledge of Allegiance

Additions / Deletions to Agenda

None

Motion by Kobiljak, second Neal, to Accept the Agenda as Presented. All aye.

Public Comment

Clerk's Report

1. Approve Minutes of September 10, 2001
2. Bills for Approval dated September 25, 2001

Treasurer's Report

1. Approve Encumbrance List dated September 25, 2001

Supervisor's Report

None

Township Manager's Report

1. Master Plan Study Session

Actions Items

Discussion Items

1. Concealed weapons procedures

Public Comment

1. Woody Clark, 19620 Parke Lane, informed the board of information published in Windsor, Canada, regarding testing of fish caught in both the Trenton and Amhurstburg Channels. The report found a high percentage of cancer stricken fish in the local waterways.
2. Pam Moon, 10212 Hawthorn, requested the board proclaim October 14 - 21, 2001, as Domestic Violence Prevention Week. The board will address the request at its October 8, 2001 meeting.

Treasurer's Report

1. Moved Kobiljak, second Wojewodzic, to approve the Encumbrance List dated September 25, 2001. All aye.

Supervisor's Report

None

Township Manager's Report

1. Township Manager Reaume extended an invitation to the Board to attend the Planning Commission meeting on October 1, 2001, for a study session regarding updating of the Township's Master Plan.

ACTION ITEMS

1. 01-158
   Moved Raithel, second O'Connor, to adopt the Resolution of Benefits Program E, E-1, E-2 for retirees as provided by Act 427, P..A. 1984 for the year 2002-2003:
   WHEREAS, the Township of Grosse Ile is a participating municipality of the Michigan Municipal Employees' Retirement System, established by Act No. 135, Public Acts of 1945, as amended; and,
   WHEREAS, Act 427, Public Acts of 1984 replaces Act No. 135, Public Acts of 1945, and Section 20 (1) and Section 22 (1) to permit participating municipalities to adopt Benefit Programs E, E-1 and E-2 respectively;
   NOW, THEREFORE, BE IT RESOLVED, that the Township Clerk of the Township of Grosse Ile, does hereby elect to adopt Benefit Program E, E-1 and E-2, effective January 1, 2002, for those retirees eligible to receive said benefits; and,
   BE IT FURTHER RESOLVED, that the Township Clerk shall file a certified copy of this Resolution with the Michigan Municipal Employees' Retirement System within 10 days after its adoption. All aye. Motion carried.
2. 01-159
   Moved Kobiljak, second Wojewodzic, based on the recommendation of staff members, to adopt revisions to Sections 5 and 6 of the Administrative Policies and Procedures. All aye. Motion carried.
3. 01-160
   Moved Wojewodzic, second Neal, to approve the recommendation of the Grosse Ile Fire Department and Grosse Ile Fire Commission to award the contract to West Shore Service for material and installation of a 2001 Federal Outdoor Warning System and Radio Station. All aye. Motion carried
4. 01-161
   Moved Kobiljak, second Wojewodzic, to authorize EZ Electric, Inc. to install six new telephone jacks for an incident command center and upgrade twenty-four existing phone stations at the Public Safety building for the total cost of $18,000.00. All aye. Motion carried.
5. 01-162
   Moved Will, second O'Connor, based on the recommendation of the Grosse Ile Cable Commission, to adopt the following:

   RESOLUTION CONSENTING TO THE ASSIGNMENT OF CABLE TELEVISION FRANCHISE FROM AMERITECH NEW MEDIA, INC. TO WIDEOPENWEST MICHIGAN, LLC.

   WHEREAS, the Township of Grosse Ile, Michigan ("Municipality"), has granted a cable television franchise pursuant to a Cable Television Franchise Agreement effective as of March 7, 1997, (the "Franchise") to Ameritech New Media, Inc. (the "Franchisee"); and,

   WHEREAS, WideOpenWest Holdings, LLC ("WOW Holdings"), and the Franchisee entered into an Asset Purchase Agreement, dated as of May 23, 2001, (the "Asset Purchase Agreement"), pursuant to which the Franchise will be assigned to WideOpenWest Michigan, LLC ("WOW"), an entity controlled by WOW Holdings;

   WHEREAS, the Franchisee, as Transferor/Assignor, and WOW, as Transferee/Assignee, submitted an application on FCC Form 394 dated June 6, 2001 to Municipality requesting consent to the assignment of the Franchise as a result of the Asset Purchase Agreement; and,

   WHEREAS, Municipality intends to consent to the assignment, subject to acceptance of these terms and conditions, having determined that such consent is consistent with the terms of the Franchise and in the best interest of Municipality.

   NOW, THEREFORE, be it resolved:

   1. Municipality consents to the assignment of the Franchise to WOW, effective as of the Closing Date pursuant to the Asset Purchase Agreement. WOW shall be responsible for any obligations and liabilities under the Franchise after the Closing Date.
   2. This Resolution is deemed effective in accordance with applicable law upon filing with the Township Clerk by WOW of fully-executed copies of the acceptance attached as Exhibit A.
   3. This Resolution shall expire and be null and void unless the assignment to WOW is complete and the Township is so notified in writing by June 1, 2002.
   4. This Resolution shall take effect immediately.
   5. WOW may, without obtaining prior consent of Township, and provided that such action does not involve a change in the ultimate control over the management or day to day operations, or in the financial condition of the holder of the Franchise: (a) assign or transfer its assets, including the Franchise, to (i) any entity that currently controls WOW Holdings ("WOW Holdings Parent"), (ii) any entity that is controlled by WOW Holdings Parent, (iii) any entity that is controlled by WOW Holdings, or (iv) any entity that is controlled by WOW (together with WOW Holdings and WOW Holdings Parent, the "WOW Group"); (b) restructure or change the ownership interests in WOW or WOW Holdings, whether through private placements, an initial or secondary public offering or otherwise, so long as one or more of the existing equity owners of WOW and WOW Holdings retains control through not less than 51% of the voting equity interests in WOW or WOW Holdings; (c) pledge or grant a security interest to any lender or creditor of any member of the WOW Group for the purpose of securing an indebtedness, provided that nothing herein shall be interpreted to permit such lender or creditor to transfer or assign, or to transfer control of, all or any part of the System, or any right or interest therein, including the Franchise, to any person without the consent of Township; and (d) sell capital stock of any member of the WOW Group in a transaction commonly known as an initial or secondary public offering. WOW shall provide Municipality with 30-days advance notice of any of the transactions subject to this Section.
   6. That the Clerk of the Township of Grosse Ile is authorized to enter into, execute and deliver the name and on behalf of the Township of Grosse Ile a certificate, along with such other documents as may be necessary evidencing this Resolution without further act or resolution of the Township Council.
      All aye. Motion carried.
6. 01-163
   Moved Will, second O'Connor, to adopt the Resolution for Bike Path Phase 7B, Southpointe-Brodhead to the Wonderwell, and authorize payment to Wayne County not to exceed $97,000 from Account 2960-101-975.105; and, further, to authorize the Township Supervisor and Clerk to do all things necessary to carry out the intent of this resolution. All aye. Motion carried.
7. 01-164
   Moved O'Connor, second Kobiljak, Be It Resolved that the legal description contained in Ordinance No. 282, Chapter 85, entitled "An Ordinance to Create an Annual Service Charge for Public Services in Lieu of Taxes for Housing Projects Exempt from Taxation" (commonly referred to as the "PILOT" Ordinance) is hereby amended to read as follows:

   SENIOR HOUSING PROPERTY
   Parcel A of Outlot E, Gray Gardens Subdivision

   The East 749.46 feet of the West 1700.00 feet of Out Lot E of "Gray Gardens Subdivision" of part of Private Claim 552, Grosse Ile Twp., Wayne County, Michigan, recorded in Liber 37 of Plats, Page 20, Wayne County Records, except the South 263.00 feet thereof, also the North 100.00 feet of the South

   263.00 feet of the East 1050.00 feet of the West 1557.72 feet, except all that West of the Northerly extension of the East line of lot 32 of "Gray Woods Subdivision", of South 163 feet of Out Lot E of Gray Gardens Subdivision, of part of Private Claim 552, Grosse Ile Twp., Wayne County, Michigan, as recorded in Liber 55 of Plats, Page 63, Wayne County Records, also lots 26 and 27 of said "Gray Woods Subdivision", being described as:

   Commencing at the Northwest corner of said Out Lot E of said "Gray Gardens Subdivision", also being the intersection of the westerly extension of the South line of Grays Drive (66 feet wide) and the West line of said private Claim 552, Thence S83°40'00"E along the North line of said Out Lot E of said "Gray Gardens Subdivision", also being South line of said Grays Drive, 950.54 feet to the Point of Beginning;

   Thence continuing S83°40'00"E along the North line of said Out Lot E of said "Gray Gardens Subdivision", also being South line of said Grays Drive, 749.46 feet;

   Thence S6°46'00"W 153.00 feet;

   Thence N84°15'00"W 142.38 feet;

   Thence S6°46'00"W 100.02 feet to the North line of said "Gray Woods Subdivision";

   Thence N84°15'00"W along the North line of said "Gray Woods Subdivision" 103.29 feet to the Northeast corner of Lot 26 of said "Gray Woods Subdivision";

   Thence S5°43'00"W along the East line of Lot 26 of said "Gray Woods Subdivision" 163.00 feet to the North line of Macomb Street (60 feet wide);

   Thence N84°15'00"W along the North line of said Macomb Street, also being the South line of Lots 26 and 27 of said "Gray Woods Subdivision" 100.00 feet to the Southwest corner of Lot 27 of said "Gray Woods Subdivision";

   Thence N5°43'00"E along the West line of Lot 27 of said "Gray Woods Subdivision" 163.00 feet to the Northwest corner of Lot 27 of said "Gray Woods Subdivision", also being a point on the North line of said "Gray Woods Subdivision";

   Thence N84°15'00"W along the North line of said "Gray Woods Subdivision" 200.00 feet to the Northeast corner of Lot 32 of said "Gray Woods Subdivision";

   Thence N5°43'00"E along the Northerly extension of the East line of lot 32 of said "Gray Woods Subdivision" 100.00 feet;

   Thence N84°15'00"W 202.06 feet;

   Thence N6°46'00"E 160.63 feet to the Point of Beginning.

   Containing ±4.000 acres (174,241 sq. ft.)

   Subject to any and all easements and rights-of-way of record or otherwise.

   Legal description accepted by the Board of Trustees at their regular meeting on 7/23/01

   ROLL CALL VOTE ON MOTION NO. 01-164:
   YES: Jones, O'Connor, Kobiljak, Neal, Wojewodzic, Raithel, Will
   NO: None

   Motion carried. Ordinance adopted

8. 01-165
   Moved Raithel, second Wojewodzic, to authorize the Township Board to:
   1. appropriate $60,000 for the purpose of donating funds to the Grosse Ile Nature and Land Conservancy to purchase and manage wetlands properties (Land) in the Grosse Ile Woods Subdivision as part of the Administrative Consent Order ACO-SW01-004 for the sanitary sewer rehabilitation,
   2. be responsible for the transfer of the Land to the Grosse Ile Nature and Land conservancy,
   3. assist the Grosse Ile Nature and Land Conservancy in developing necessary legal steps to provide for the protection of the Land in perpetuity in the form of a perpetual conservation easement,
   4. assist the Grosse Ile Nature and Land Conservancy with establishing options for maintaining the land in its protected state,
   5. perform the SEP before May 1, 2003, and provide documentation to the MDEQ that the SEP requirements have been satisfied.
   Motion carried 6-0, Treasurer Kobiljak, the current President of the Grosse Ile Nature and Land Conservancy abstained from vote.
9. 01-166
   Moved O'Connor, second Neal, to approve funding in the amount of $15,000 for a change order to complete the Airport Recreation Area Soccer Field Construction-Phase I. All aye. Motion carried.

Discussion Item:

1. The Township Manager requests the board to legislate a policy to cover the carrying of concealed weapons by township employees and others while on township property. The Supervisor directed the Township Manager and Police Chief to work on sample legislation and return to the board with their recommendations.

Public Comment

1. Fire Chief Duncan Murdock, announced that the Boot Drive held by the Grosse Ile Fire Department to aid the families of New York City and Washington D.C. firefighters lost or injured in the September 11, 2001, terrorist attacks, raised $40,000.00.

Motion to adjourn at 8:47 p.m. by Kobiljak, second by Raithel. All aye. Motion carried.

-Ute O'Connor, Township Clerk

A copy of the complete minutes may be obtained in the Township Clerk's office.

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