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St. Clair Township Board Meeting Supervisor Mahaffy called the meeting to order at 7:00 p.m. with the Pledge of Allegiance to the Flag. All Board Members present. 1. Moved by Trustee Boulier. Seconded
by Trustee Boeck to approve the minutes of the 2. Moved by Clerk Skonieczny. Seconded by Trustee Boeck to receive the Treasurer Report. Motion Carried. 3. Moved by Treasurer Miskus. Seconded by Clerk Skonieczny to pay all bills.
Roll Call: Yes-Trustees Karas, Boulier, Boeck and Hovis, Clerk Skonieczny, Treasurer Miskus and Supervisor Mahaffy. Motion Carried. 4. Moved by Clerk Skonieczny. Seconded by Treasurer Miskus to adopt Investment and Depository Resolution No 11-06.
ST. CLAIR TOWNSHIP 1. Statement of Purpose WHEREAS, the General Law Township of St. Clair Board of Trustees, St. Clair County, Michigan, in exercising it’s fiduciary responsibilities, desires to safeguard the funds of the township that may be invested from time to time, and WHEREAS, Public Act 77 of 1989, MCL 41.77 requires that the township board designate the banks or depositories for the money belonging to the township, including the time for which the deposits shall be made and all details for carrying into effect the authority given in this act; and, WHEREAS, Public Act 167 of 1997, MCL 129.91 et seq., requires township boards, in consultation with the township treasurer, to adopt an investment policy; 2. Scope of Policy NOW THEREFORE BE IT RESOLVED, that this policy is applicable to all public funds belonging to St. Clair Township and in the custody of the township treasurer. 3. Delegation of Authority to Make Investments. BE IT FURTHER RESOLVED, that the St. Clair Township Treasurer is authorized to manage funds belonging to the township, including depositing funds in approved financial institutions and administrating investments in conformance with MCL 41.77 and the policies as set forth in this resolution. 4. Approved Depositories BE IT FURTHER RESOLVED, that the Board approves the following financial institutions as depositories of the township funds: Comerica, CSB Bank, Fifth Third Bank, Charter One, Bank of America, JP Morgan Chase, Talmer Bank and Trust, Seaway Community Bank, PNC Bank, Eastern Michigan Bank, Belle River Community Credit Union, E & A Credit Union, Riverview Community Credit Union, Genisys Credit Union, Flagship Federal Credit Union, Raymond James including any successors to the foregoing financial institutions. 5. Safekeeping and Custody of Deposits and Investments BE IT FURTHER RESOLVED, that the Treasurer shall recommend financial institutions for approval for the safekeeping of township funds based on an evaluation of the performance and solvency of the institution, as well as past performance in exercising due care and prudence in managing the custody of township funds held in trust, if applicable. The treasurer shall periodically evaluate approved and potential financial depositories and shall make recommendations as to the appropriate changes in approved depositories when warranted. BE IT FURTHER RESOLVED, the treasurer may elect to have certificates and other evidence of investments held by a financial institution, provided that the financial institution presents to the township treasurer sufficient documentation and acknowledgement of the investment instruments held on behalf of the township. In determining safekeeping and custody qualifications, financial institutions must have a minimum of five years of operation. All financial institutions and brokers/dealers shall be pre-qualified by supplying the following: ● Certification of having read, understood and agreement to comply with the St. Clair Township policy. The treasurer shall annually examine the financial condition and registrations of qualified financial institutions and brokers/dealers by obtaining annual updates of the information listed above. 6. Authorized Investment Instruments BE IT FURTHER RESOLVED, the township board may at it’s discretion and upon the recommendation of the township treasurer, authorize the township treasurer to invest in the following investment instruments. However, the township treasurer is required to obtain prior approval from the township board before acquiring or increasing the amount of township funds in the following investment instruments: a) Bonds, Securities, and other obligations of the United States, or an agency or instrumentality of the United States. b) Certificates of deposit, savings accounts, deposit accounts, or depository receipts of a financial institution, but only if the financial institution is eligible to be a depository of funds belonging to the state under a law or rule of this state or the United States. c) Commercial paper related at the time of purchase within the highest classification established by not less than two standard rating services and that matures not more that 270 days after the date of purchase. d) Bankers’ acceptances of United States banks. e) Mutual funds registered under the investment company act of 1940 with the intention to maintain a $1.00 per share net asset value and purchase only investment vehicles that are legal for direct investment by a public corporation f) Obligations described in subdivisions (a) through (f), as named above if purchased through an inter-local agreement under the urban corporation act of 1967. g) Investment pools organized under the surplus funds investment act, 367 of 1982. h) Investment pools organized under the local government investment pool act, 121 of 1985. i) CDARS, Certificates of Deposit Account Registry Services. 7. Investment Objectives BE IT FURTHER RESOLVED, that the objectives of this policy are foremost, to maintain safety of principal of township funds; secondarily, to maintain a diversified investment portfolio; maintain adequate liquidity, and achieve a market rate of return on relatively safe investment instruments. To accomplish these objectives, decisions and actions involving the township’s investment portfolio shall meet the following criteria: Safety: Safety of principal is the foremost objective of St. Clair Township’s investment practices. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall investment portfolio. The treasurer shall minimize credit risk by investing only in the safer types of securities, pre-qualifying financial institutions, brokers/dealers, intermediaries, and advisers with whom the township will do business; and diversifying the investment portfolio so that the impact on the investment portfolio resulting from losses on individual securities will be minimized. Diversification: The investment shall be diversified by avoiding over-concentration in securities from a specific issuer or business sector, excluding U.S. Treasury securities. Investments shall have varying maturities. Investment instrument selection shall avoid high credit risks and shall include use of readily available funds, such as local government investment pools or mutual funds to maintain sufficient liquidity. Liquidity: The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. Securities shall have maturity dates concurrent with cash flow needs. Securities with active secondary or resale markets, as well as money market mutual funds offering same-day liquidity for short-term funds shall also be used to ensure liquidity. The treasurer shall minimize interest rate risk by avoiding the need to sell securities prior to maturity and investing similar public investment pools. Securities shall not normally be sold prior to maturity except to minimize loss of principal; to improve the quality, yield or target duration in the portfolio, or to meet liquidity needs. Return on Investment: The investment portfolio shall be designed to attain a market average rate of return during budgetary and economic cycles while taking into account investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to safety and liquidity objectives. The core of investments is limited to relatively low-risk securities, and a fair rate of return relative to risk is assumed. 8. Standard of Prudence: BE IT FURTHER RESOLVED, that the treasurer shall make investments and only such investments as a prudent person would make in dealing with the property of another, having in view the preservation of the principal and the amount and regularity of the income to be derived. The standard of prudence to be used shall be the “fiduciary” standard and shall be applied in context of managing an overall portfolio. 9. Statement of Ethics: BE IT FURTHER RESOLVED, that the treasurer shall refrain from personal business activity that could conflict with the property execution and management of township investments, or that could impair the treasurer’s ability to make impartial investment decisions. 10. Investment Activity Report: BE IT FURTHER RESOLVED, that the treasurer shall annually provide a written report to the township board concerning the investment of township funds. BE IT FURTHER RESOLVED, that the township shall comply with all applicable statutory standards for investment of public funds as they now exist or as they may be subsequently amended. Any provision of this resolution that conflicts with applicable statutory requirements and standards is void. Roll Call: Yes-Trustees Karas, Boulier, Boeck and Hovis, Clerk Skonieczny, Treasurer Miskus and Supervisor Mahaffy. Motion Carried. 5. Clerk Skonieczny opened bids to remove and replace cement at the Township Hall. Moved by Trustee Karas. Seconded by Clerk Skonieczny to accept the low bid of DeLude Construction for the amount of $6,412.50. Roll Call: Yes-Trustees Karas, Boulier, Boeck and Hovis, Clerk Skonieczny, Treasurer Miskus and Supervisor Mahaffy. Motion Carried. 6. Clerk Skonieczny opened bids for parking lot repair and resurface. Moved by Trustee Hovis. Seconded by Trustee Trustee Boeck to accept the low bid of Blue Water Asphalt and Paving in the amount of $8,458.00. Roll Call: Yes-Trustees Karas, Boulier, Boeck and Hovis, Clerk Skonieczny, Treasurer Miskus and Supervisor Mahaffy. Motion Carried. 7. Moved by Treasurer Miskus. Seconded by Clerk Skonieczny to adopt Ordinance No 182.
Ordinance No. 182 An ordinance to confirm the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., of the St Clair Township Planning Commission; provide for the composition of that planning commission; provide for the powers, duties and limitations of that planning commission; and repeal any ordinance or parts of ordinances or resolutions in conflict with this ordinance. THE TOWNSHIP OF ST. CLAIR, ST. CLAIR COUNTY, MICHIGAN, ORDAINS: Section 1: Scope, Purpose and Intent This ordinance is adopted pursuant to the authority the township board under the Michigan Planning Enabling Act, Public Act, Public Act 33 of 2008, MCL 125.3801, et seq., and the Michigan Zoning Enabling Act, Public Act 110 of 2006, MCL 125.3101, et seq., to establish a planning commission with the powers, duties and limitations provided by those Acts and subject to the terms and conditions of this ordinance and any future amendments to this ordinance. [MCLs 125.3811 and 125.3883] The purpose of this ordinance is to provide that the St Clair Township Board shall hereby confirm the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., of the St Clair Township Planning Commission formerly established under the Township Planning Act, Public Act 168 of 1959, MCL 125.321, et seq., to establish the appointments, terms, and membership of the planning commission; to identify the officers and the minimum number of meetings per year of the planning commission; and to prescribe the authority, powers and duties of the planning commission. [MCLs 125.3811 and 125.3883] Section 2: Establishment The township board hereby confirms the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., of the St Clair Township Planning Commission formerly established under the Township Planning Act, Public Act 168 of 1959, MCL 125.321, et seq. The St Clair Township Planning Commission shall have 9 members. Members of the St Clair Township Planning Commission as of the effective date of this Ordinance shall, except for an ex officio member whose remaining term on the planning commission shall be limited to his or her term on the township board, continue to serve for the remainder of their existing terms so long as they continue to meet all of the eligibility requirements for planning commission membership set forth within the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq [MCLs 125.3811, 125.3815 and 125.3881] Section 3: Appointments and Terms The township supervisor, with the approval of the township board by a majority vote of the members elected and serving, shall appoint all planning commission members, including the ex officio [MCL 125.3815] The planning commission members, other than an ex officio member, shall serve for terms of 3 years each. [MCL 125.3815] A planning commission member shall hold office until his or her successor is appointed. Vacancies shall be filled for the unexpired term in the same manner as the original appointment. [MCL 125.3815] Planning commission members shall be qualified electors of the township, except that one planning commission member may be an individual who is not a qualified elector of the township. The membership of the planning commission shall be representative of important segments of the community, such as economic, governmental, educational, and social development of the township, in accordance with the major interests as they exist in the township, such as agriculture, natural resources, recreation, education, public health, government, transportation, industry, and commerce. The membership shall also be representative of the entire geography of the township to the extent practicable. [MCL 125.3815] One member of the township board shall be appointed to the planning commission as an ex officio member. [MCL 125.3815] Section 4: Removal The township board may remove a member of the planning commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. [MCL 125.3815] Section 5: Conflict of Interest Before casting a vote on a matter on which a planning commission member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the planning commission. Failure of a member to disclose a potential conflict of interest as required by this ordinance constitutes malfeasance in office. [MCL 125.3815] For the purposes of this section, the planning commission shall define conflict of interest in its bylaws. Section 6: Compensation The planning commission members may be compensated for their services as provided by township board resolution. The planning commission may adopt bylaws relative to compensation and expenses of its members for travel when engaged in the performance of activities authorized by the township board, including, but not limited to, attendance at conferences, workshops, educational and training programs and meetings. [MCL 125.3823] Section 7: Officers and Committees The planning commission shall elect a chairperson and a secretary from its members, and may create and fill other offices as it considers advisable. An ex officio member of the planning commission is not eligible to serve as chairperson. The term of each office shall be 1 year, with opportunity for reelection as specified in the planning commission bylaws. [MCL 125.3817] The planning commission may also appoint advisory committees whose members are not members of the planning commission. [MCL 125.3817] Section 8: Bylaws, Meetings and Records The planning commission shall adopt bylaws for the transaction of business. [MCL 125.3819] The planning commission shall hold at least 4 regular meetings each year, and shall by resolution determine the time and place of the meetings. Unless otherwise provided in the planning commission’s bylaws, a special meeting of the planning commission may be called by the chairperson or by 2 other members, upon written request to the secretary. Unless the bylaws otherwise provide, the secretary shall send written notice of a special meeting to planning commission members at least 48 hours before. [MCL 125.3821] The business that the planning commission may perform shall be conducted at a public meeting held in compliance with the Open Meetings Act, Public Act 267 of 1976, MCL 15.261, et seq. [MCL 125.3821] The planning commission shall keep a public record of its resolutions, transactions, findings, and determinations. A writing prepared, owned, used, in the possession of, or retained by a planning commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, Public Act 442 of 1976, MCL 15.231, et seq. [MCLs 125.3819 and 125.3821] Section 9: Annual Report The planning commission shall make an annual written report to the township board concerning its operations and the status of the planning activities, including recommendations regarding actions by the township board related to planning and development. [MCL 125.3819] Section 10: Authority to Make Master Plan Under the authority of the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., and other applicable planning statutes, the planning commission shall make a master plan as a guide for development within the township’s planning jurisdiction. [MCLs 125.3807 and 125.3831] Final authority to approve a master plan or any amendments thereto shall rest with the planning commission unless the township board passes a resolution asserting the right to approve or reject the master plan. [MCL 125.3843] Unless rescinded by the township, any plan adopted or amended under the Township Planning Act, Public Act 168 of 1959, MCL 125.321 et seq., need not be readopted under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq [MCL 125.3881] Section 11: Zoning Powers The township board hereby confirms the transfer of all powers, duties, and responsibilities provided for zoning boards or zoning commissions by the former Township Zoning Act, Public Act 184 of 1943, MCL 125.271, et seq,; the Michigan Zoning Enabling Act, Public Act 110 of 2006, MCL 125.3101, et seq.; or other applicable zoning statutes to the St Clair Township Planning Commission formerly established under the Township Planning Act, Public Act 168 of 1959, MCL 125.321, et seq. Section 12: Subdivision and Land Division Recommendations The planning commission may recommend to the township board provisions of an ordinance or rules governing the subdivision of land. Before recommending such an ordinance or rule, the planning commission shall hold a public hearing on the proposed ordinance or rule. The planning commission shall give notice of the time and place of the public hearing not less than 15 days before the hearing by publication in a newspaper of general circulation within the township. The planning commission shall review and make recommendation on a proposed plat before action thereon by the township board under the Land Division Act, Public Act 288 of 1967 MCL 560.101, et seq. Before making its recommendation, the planning commission shall hold a public hearing on the proposed plat. A plat submitted to the planning commission shall contain the name and address of the proprietor or other person to whom notice of a hearing shall be sent. Not less than 15 days before the date of the hearing, notice of the date, time and place of the hearing shall be sent to that person at that address by mail and shall be published in a newspaper of general circulation in the township. Similar notice shall be mailed to the owners of land immediately adjoining the proposed platted land. [MCL 125.3871] Section 13: Severability The provisions of this ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a court of competent jurisdiction, it shall not affect the remainder of the ordinance, which shall continue in full force and effect. Section 14: Repeal All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. The resolution or ordinance establishing the St Clair Township Planning Commission under the Township Planning Commission under the Township Planning Act, Public Act 168 of 1959, MCL 125.321, et seq., is hereby repealed. Section 15: Effective Date This ordinance shall take effect on the date of its publication. [MCLs 41.184, 42.22, 125.3811 and 125.3881] Roll Call: Yes-Trustees Karas, Boulier, Boeck and Hovis, Clerk Skonieczny, Treasurer Miskus and Supervisor Mahaffy. Motion Carried. 8. Township Board discussed security doors for Township Hall. Supervisor Mahaffy will get costs and plans and place on next agenda. 9. Township Board discussed Act 425 Agreement with the City of St Clair. Concensus of St Clair Township Board is to keep current 425 Agreement as it currently stands. Township is willing to negotiate if a project becomes available. 10. Call from the table. Trustee Hovis questioned the availability of fire hydrants in the St. Clair Trailer Park and putting in a side walk on Cox Road. Supervisor Mahaffy will get information and bring back to the Township Board. Moved by Trustee Boeck. Seconded by Trustee Miskus to adjourn. Motion Carried. Meeting adjourned at 7:58 p.m.
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