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Posted: October 23, 2A15

1720 Riverview DriveKalamazoo, Michigan 49004-1 099

Tele: (269) 381-8080Fax: (269) 381'3550

www.kalamazootownshi P.org

oJ Kalamazoo

BOARD OF TRUSTEES SPECIAL MEETING

October 26,2015

The Board of Trustees of the Charter Township of Kalamazoowill meet in o "$49&1. .

na""fino; to o" n"ro ,i s,eb pn., on tr,lonoay, dctobgr .26,2015, in the Charter Township ofKalamazooAdminisiraiirJotri""r,lT20 Riverview Drive, Kalamazoo, Michigan 49004-1099

for the purpose oi Jii.rrring the below listed items and any other business thatmay tejally come Ueiore thd Board of Trustees of the Chafter Township ofKalamazoo.

1. Discussion regarding a change to the township's organizational style

2. Strategic Plan status review

3. Public Comment

,"*-2 tt t -,-2 I

Ki^atdZ" ffildRonald E. ReidCharter TownshiP of Kalamazoa

Kalamazoo Township Board meetings are open to all without regard to race_, color, national origin, sex, or disabilitv' lndividuals with

disabirities requiring speciar asiisiJice musi conrac{ tiiii i"*i,iiip,-di"i;giir; o,iii'."i,ib-"i.-iot'ice ov wrlting or'calling: Ronald E'

Reid. charfer Township of KalamazooSupervisor, rzzo niru*L*ibiive,kalamazoo, Ml 49-oo4-1099. ielephone: (269) 381-8083.

1

Charter

Township of Kalamazoo TO: Kalamazoo Township Board FROM: Supervisor Ronald E. Reid RE: Township Organization Structure Change DATE: 22 October 2015 We have spent a considerable amount of time discussing, reviewing, and thinking about the advantages and disadvantages of changing the Township’s organizational structure to a full-time appointed manager administrative style. This effort to explore full-time professional staff is a strategy of our 2015 Strategic Plan goal to provide efficient and effective operations for the Township. We have received and read

• Kalamazoo Township’s 1980 Report on Managerial Government for the Charter Township of Kalamazoo

• Richard Everett III’s 2010 Master Thesis regarding A Comparison Between Elected Supervisors and Appointed Superintendents

• Michigan Townships Association 2010 publication Policy Matters! pp. 12-15 regarding Township Organization Styles

• the 2013 Memorandum of Understanding Delineating the Delegation of Duties of the Grand Haven Charter Township Supervisor

• the 2013 Memorandum of Understanding Delineating the Delegation of Duties of the Grand Haven Charter Township Treasurer

• the 2015 Memorandum of Understanding Delineating the Delegation of Duties of the Grand Haven Charter Township Clerk

Trustee Mark Miller and I have met with and reported to you about our meetings with:

• Manager/Superintendents Gordon Gallagher & Bill Cargo at the Grand Haven Township Hall

• Manager Jerry Felix at the Park Township Hall • Manager Dan Carleton, Supervisor Dale Mohr & Clerk Rich VanderKlok at the

Georgetown Township Hall • Supervisor Don Hilton at the Gaines Township Hall

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The on-site visits were very productive and quite positive. The conversation with Don Hilton was particularly helpful as he reviewed issues with their failed attempt to change to a manager approach a few years ago. Don also offered recommendations for any township moving to a strong appointed administrator. BTW, Gaines is again looking at the manager form. And in late August 2015, we met with MTA Executive Director Larry Merrill to be sure that we have answers to the relevant issues, account for the responsibilities of the Supervisor, Clerk & Treasurer offices, and be prepared (to the extent possible) for the potential challenges that remain ahead. Near the end of our meeting, Larry distributed a handout regarding roles, responsibilities and accountability for a Charter Township with a superintendent/manager administrative structure. A copy of the above documents (which have been previously provided to you) will be included in the electronic version of the board packet. If you wish to have them printed, please contact Molly by noon on Monday. Let’s spend Monday’s work session discussing (or itemizing) advantages/disadvantages for an organizational change to our administrative structure. Bring you list with you.

 

MICHIGAN CHARTER TOWNSHIPS’ SUPERVISOR STATUTORY DUTIES: A

COMPARISON BETWEEN ELECTED SUPERVISORS AND APPOINTED SUPERINTENDENTS

By

Richard M. Everett III

A Project Paper Submitted to the

Faculty of The Graduate College in partial fulfillment for the

Degree of Master of Public Administration School of Public Affairs and Administration

Western Michigan University Kalamazoo, Michigan

August 2010

 

MICHIGAN CHARTER TOWNSHIPS’ SUPERVISOR STATUTORY DUTIES: A COMPARISON BETWEEN ELECTED SUPERVISORS AND APPOINTED

SUPERINTENDENTS

Richard M. Everett III, M.P.A.

Western Michigan University, 2010

Charter townships in Michigan can be managed by an elected supervisor or appoint a

superintendent or manager. Through personal interviews the management processes of the two

different systems (elected versus appointed) are compared. Additionally, functions which lead to

political or managerial conflict are examined with recommendations of how to avoid such

conflicts.

Based on the interviews the appointed system of management allows for a more cohesive

and politically neutral form of township management. The key factors to this are clear lines of

responsibility and buy-in from the township board. This arrangement serves best when

administration and implementation are left to the superintendent and policy direction is left to the

township board.

 

MICHIGAN CHARTER TOWNSHIPS’ SUPERVISOR STATUTORY DUTIES: A COMPARISON BETWEEN ELECTED SUPERVISORS AND APPOINTED

SUPERINTENDENTS

EXECUTIVE SUMMARY

There are two types of government structures allowed by statute for charter townships in

Michigan. A charter township can have an purely elected administrative body or can appoint an

administrator to carry out the duties of the elected administrator. The purpose of this paper is to

determine the difference in managerial processes in the two types of systems as well as identify

political and/or managerial conflicts.

Sixteen interviews were conducted with six appointed township superintendents, five

supervisors from townships that employ a township superintendent, and four supervisors from

townships that do not employ a township superintendent. Information from the interviews was

used to identify management styles as well as sources of conflict between appointed and elected

officials.

The results of the interviews indicate superintendents and supervisors in an appointed

system agree their system is more proficient in the day-to-day administration than the purely

elected system. Supervisors of non-appointed system townships do not totally disagree, however

feel the system may not be appropriate for their particular township.

Conflicts whether political or managerial do exist in any type of township, however the

appointed system, when clear roles are defined and accepted, appears to minimize the amount of

conflict.

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TABLE OF CONTENTS

Introduction………………………………………………………………………………………..1 Literature Review…………………………………………………………………………………4 Research Methodology……………………………………………………………………………9 Data Analysis and Findings……………………………………………………………………...14 Conclusion……………………………………………………………………………………….32 Appendix A………………………………………………………………………………………34 Appendix B………………………………………………………………………………………35 Appendix C………………..……………………………………………………………………..36 References……………………..……………………………………………………………........37

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INTRODUCTION

There are currently 1,242 townships in the State of Michigan. Under Michigan law a

township is allowed to be one of two types, a general law township or charter township. As of

March 2007, 137 townships in Michigan are charter townships, (Michigan Townships

Association, 2007). Charter townships have more governmental authority and responsibilities

than general townships; one right given to them is the right to appoint a township manager or

superintendent. Charter townships are comprised of a seven-member board (general law

township have five-member boards), are allowed to collect more in property taxes, and must

provide certain municipal services. Perhaps the greatest difference between general townships

and charter townships is the protection offered from annexation granted to charter townships.

Regardless of the type of township, every township in Michigan has three constitutional

officers (local elected officials) consisting of supervisor, clerk, and treasurer. Each local elected

official runs for the specific office (supervisor, treasurer, and clerk) and serves a four-year term,

with no term limits imposed. Michigan law dictates different responsibilities for each local

elected official, however the supervisor is often seen as the “head” of the township (Bauckham,

2000).

This research will focus on charter townships in Michigan. Due to the differences in

structure, as well as duties imposed by state law, both types of townships cannot be compared

side-by-side. Additionally, only charter townships are allowed to appoint a township

superintendent who can carry out duties of the elected supervisor. General law townships may

appoint a township manager which has a broader range of duties as delegated by the township

board. Charter townships can likewise appoint a township manager in the same fashion a general

law township can, however a general law township cannot appoint a superintendent.

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The supervisor position is legally required in both types of townships regardless if they

appoint a manager or superintendent. The supervisor in both general law and charter townships

are required to chair the township board meetings and other statutory mandated duties. The

appointed manager or superintendent cannot replace a supervisor from township government.

Township managers and township superintendents are two unique positions allowed

under Michigan law; this research will only focus on township superintendents. The law

allowing for superintendents is specific as to what duties the superintendent may perform,

namely only duties which fall in the township supervisor’s realm of responsibility. Township

managers on the other hand may be delegated any number of duties from any number of elected

officials with the approval of the township board.

Many townships in Michigan depend on the elected township supervisor to manage the

political and management functions of their organization, as dictated by Michigan law. The

elected supervisor does not have to meet any level of prerequisite knowledge; the only

requirements imposed on candidates is they must have residency in the township and be eighteen

years of age. Based on these minimal requirements, township supervisors may come with a

diverse background of knowledge, skills, and abilities which may or may not be related to local

government administration.

The role of township supervisor requires the ability to effectively manage several

different functions, both managerial as well as political. Specific functions of the supervisor are

enumerated in Michigan law; politically the supervisor serves as the figure head of the township,

much like a mayor of a city. The ability of the supervisor to manage these functions

appropriately plays a key role in the public perception of the effectiveness of local government.

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Through the use of interviews of elected charter township supervisors as well as

appointed charter township superintendents in Michigan this research seeks to determine the

difference in how some of the statutory duties are carried out between the two types of

administrators. These differences will assist in examining any political conflict or managerial

conflicts which may be present in an appointed superintendant system. Although the duties

listed in the statute are not overtly political, as with any political establishment political

influences will find their way into purely operational tasks. This research will also shed light as

to how the appointed superintendent system changes overall managerial performance in

township governance.

Limitations of this research include the inability to report on the effectiveness of one

system over the other. Future research will need to be conducted to determine what system is

more effective in terms of managerial performance. This paper seeks only to determine the

differences in the management processes between the elected supervisor and the appointed

township superintendant. Understanding the differences in functions and priorities between

elected township supervisors and appointed township superintendents will lead to a better

understanding of the differences in functionality which ultimately will lead to future research in

determining the effectiveness of one system over the other.

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LITERATURE REVIEW

Every local government must have at its head a leader who carries out those duties

necessary to execute the functions assigned to it. In most local governments the people elect the

individual who serves as this leader. Local governments may operate as a board or commission,

but there is ultimately one individual at the top of the organizational structure. Specifically to

township government in Michigan it is elected township supervisor. Unlike most business

environments the supervisor may not have any previous knowledge or experience in running

such an organization. It can be assumed that professional managers have the necessary

knowledge skills and abilities to manage a local government unit due to their educational

background and job related experiences. It cannot be assumed elected officials have the

necessary educational or job related experience to effectively manage a local government unit.

The review of the current literature, which focuses on managerial issues related to local

government, will be organized into three sections. The first section contains literature which

supports the researcher’s propositions by attesting to the managerial skills necessary for local

government. The second section contains literature which may not directly support the

researcher’s propositions. The third section discusses the gaps in the current literature and where

the proposed research will close some of the identified gaps.

Literature Supportive of Propositions

Examining the literature about the qualification of the local elected official it is revealed

the importance of the local elected official (if no appointed administrator exists) as being the sole

person responsible for the management of the local governmental unit. Avellaneda (2009, p.

286) found in her research the importance of the local elected official (mainly a mayor) as being

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“a one-man band, being in charge of most activities that require a certain degree of

qualification.” Avellaneda stated in order to be an effective administrator requires a certain

degree of qualification.

In examining the education of a local elected official, it is found to directly correspond to

the performance of the elected official.

A mayor’s ability to perform, then, might be a function of his or her educational background because it helps mayors anticipate the consequences of both their actions and omissions. We would expect, for example, that the more educationally qualified a mayor is, the more competent his/her decisions will be. This individual performance, in turn, influences organizational performance. (Avellaneda, 2009 p 287)

Education is seen as a factor which directly impacts the performance of a local elected official.

As stated above it cannot be assumed the elected official will have any degree of education from

which to base decisions.

In research conducted by French and Folz (2004) the tie between the appointed manager

and elected official was made apparent where in each individual shares a role in the

administration of the local government. They quote Svara “council-manager cities may achieve

an appropriate balance between the knowledge and expertise of professional administrators and

the responsiveness of elected officials.” (French & Folz 2004, p 54). In this example it is

illustrated that professional managers have a certain level of expertise based on their background

and education which makes them more effective managers. The elected official serves as the

public face of the governmental unit by seeking input from the public to shape the direction of

policy.

Reilly further addresses the importance of local government and thus an effective leader

at its head. Reilly (2007 p. 49) states, “Local government is generally seen as the most

responsive form of government because it is the one that is closest, and more accessible, to

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citizens.” Local government is the often the first stop for citizens needing services because it is

the most accessible branch of government. The researcher would argue this to be true based on

his personal experiences in dealing with the public. Experience shows the township hall is the

citizen’s most common point for government interaction.

The role of the local administrator has changed; looking back historically the professional

background of local government leaders was technical in nature due to the emphasis on public

works projects (water, sewer, garbage collection, etc). Today the focus has shifted from these

technical problems to a focus which requires a professional manager which is more of a

generalist in nature due to the need of the leader to provide a wider range of knowledge and

skills to cover more areas. (Reilly 2007, p 51).

In addition to the changing functional role of local administrators, Coombs and Miller

(1999) found on going development is a necessity in public administration. Their research found

that most elected officials once in office do not receive on going education which would enhance

their performance as a public administrator. For an elected official to be elected without a

background in public administration would find themselves further behind the learning curve.

Appointed managers can better manage a local government unit while not getting in the

way of department heads. “They (department heads) now realize it doesn’t change their ability

to get things done…it allows a lot more coordinated management approach to the city’s day-to-

day function. (Shubert as quoted by Okubo, 2005) El Paso accepted the charter change due to a

high mayoral turnover rate which did not allow for long-term city planning. Through the use of

the manager form of government the city (both elected officials and the electorate) hoped to

provide a more long-term thinking professional government.

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Novak and Burkett (2010) recognize there is an emphasis on local government leadership

however management is a critical function for local government performance. This management

requires systems to be put in place in order for the manager to track performance and projects.

The manager is responsible to “ensure the intended results are produced for the organization and

core services are provided in a cost-effective and efficient manner.” (Novak and Burkett 2010, p

12) The authors focus on the importance of management as a part of leadership in order to

ensure an efficient administration of local government services.

Literature Unsupportive of Propositions

Literature exists which shows no relationship between increased fiscal performance and a

professional manager system of local government. Fiscal performance is often used as a way to

measure overall performance. Deno and Mehay (1987) found no statistical evidence city

manager based systems fiscally outperform mayor-council forms of government. This research

may indicate fiscal performance is not improved based on the type of local government structure,

but there are other measures of performance not addressed. Deno’s and Mehay’s research does

not address how the functions were accomplished which could lead to other types of

performance improvement. The proposed research seeks to show functions are accomplished

differently; future research could go to prove one system more efficient than the other.

Research conducted by Berman and West (2003) found 41% of public sector managers

were mediocre. This group consisted of professional public managers, and may indicate

professional managers who have the necessary knowledge and skills to effectively manage

public organizations lack the commitment and values to manage. Again this does not affect the

primary research question but may put a dent in the secondary research question.

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Conclusion

The literature places an emphasis on the changing role of local government. As the role

for local government constantly evolves and changes to meet the needs of those it serves the

constant is a leader must manage the functions mandated by law. Through the literature it is

identified local managers need to be generalists and possess certain skills and abilities to manage

effectively.

Literature concerned with how functions in local government are carried out based on the

governmental structure could not be located. The proposed research will address this issue by

showing how different governmental structures accomplish those tasks mandated by law. As

previously stated the proposed research does not examine if one way is more effective or

efficient than the other, only that differences exist. Future research will hopefully be able to

answer the effectiveness question. Additionally the researcher was unable to find literature

relating specifically to elected township supervisors and appointed township superintendents.

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RESEARCH METHODS

Theory and Conceptual Model

The main research question this project seeks to answer is how the two types of

administrators (elected versus appointed) manage their statutory duties. It is expected the

appointed superintendents will manage their duties in a more politically neutral and

professionally competent manner. An additional question is are there political or managerial

conflicts in the appointed township superintendant system between the appointed superintendant

and the elected supervisor. Insight as to how conflicts are resolved between the two positions

will allow future administrators to learn how to avoid them. Thirdly, is it proposed the

appointed township system will allow for more interaction within the greater regional

community and there will be more of an emphasis on inter-governmental cooperation in

appointed systems.

Gaining insight into these three areas will allow the researcher to examine the affects on

managerial performance in appointed superintendent systems. Factors such as education,

previous occupation, and tenure within local government are expected to play a role in the way

the responsibilities are managed.

The main data collection method for the research was personal interviews of three main

subject groups. The first interview group is appointed charter township superintendents. The

second group is elected charter township supervisors which utilize an appointed township

superintendent. The third interview group is elected charter township supervisors which do not

employ an appointed township superintendent. The researcher believes interviews will allow for

better data collection than surveys or other qualitative instruments. Interviews will allow for a

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more in-depth analysis of the way supervisors and superintendents manage their duties as well as

the relationship the appointed superintendent shares with the elected supervisor.

The data gained from the interviews will help answer the main research questions as well

as help support the proposed propositions. The type of interview utilized was the semi-

structured interview. This allowed for scripted questions to open the path for answering the

research questions while still allowing the researcher gain more depth through follow-up

questions. Validity was maintained by crafting the structured part of the interview to ensure the

research questions are being answered. The interview questions relate directly to the research

questions therefore validity of the research will be maintained. Reliability was maintained

through ensuring the structured component was consistent in all interviews. Additionally, the

interviews were conducted by the same researcher as well as recorded adding to the reliability of

the research.

Data Collection

The data used to answer the research question was primary data gathered from personal

interviews. Interviews were conducted with six appointed charter township superintendants as

well as five elected supervisors whose townships use the appointed system. Four of the elected

supervisors and superintendents were from the same township. Additionally four charter

township supervisors who do not have an appointed superintendant were interviewed. Through

these series of interviews data was collected as to how each system (elected only versus

appointed) operates.

The interviews determined what statutory duties the supervisors and superintendents

perform and in what manner they perform them. The specific duties which apply to charter

township supervisors can be found in Michigan Compiled Law 42.10 and are the only duties this

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research compared between elected charter township supervisors and superintendents. These

duties include:

a. to see that all the laws and township ordinances are enforced;

b. to manage and supervise all public improvements, works and undertakings of the

township;

c. to have charge of the construction, repair, maintenance, lighting and cleaning of

streets, sidewalks, bridges, pavements, sewers, and all public buildings or other

property belonging to the township;

d. to manage and supervise the operation of all township utilities;

e. to be responsible for the preservation of property, tools and appliances of the

township;

f. to see that all terms and conditions imposed in favor of the township or its inhabitants

in any public utility franchise or in any contract are faithfully kept and performed;

g. to attend all township board meetings;

h. to be an exofficio member of all committees of the township board;

i. to prepare and administer the annual budget under policies formulated by the township

board and keep the board fully advised at all times as to the financial condition and

needs of the township;

j. to recommend to the township board for adoption such measures as he or she may

deem necessary or expedient;

k. to be responsible to the township board for the efficient administration of all

departments of the township government;

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l. to act as the township’s purchasing agent or, under his or her responsibility, delegate

such duties to some other officer or employee;

m. to conduct all sales of personal property that the township board may authorize to be

sold;

n. to assume all the duties and responsibilities as personnel director of all township

employees or delegate such duties to some other officer or employee,

It should be noted there is one additional power which may be granted to the township

superintendent. The “fifteenth power” is a broad power stating the township board can grant any

duty not prohibited by law to the township superintendant. Since townships may use this power

in a multitude of ways it is not included in this research. The remaining fourteen duties are

specific items which can be easily examined.

The interviews allowed for an open dialogue designed to obtain qualitative data and

furthermore assisted in determining what methods both types of township administrators use to

manage those duties listed above. The goal of the interviews was to paint a picture for the

researcher which illustrates how the statutory duties are managed. Using this information the

research assessed patterns which may appear in the methods used.

The purpose of the interviews is to examine how the statutory duties are managed in both

types of systems. The researcher through interviewing the township supervisor determined the

impact the township superintendent has on the supervisor’s role. Thirdly interviews of charter

township supervisors which do not employ a superintendent provided insight as to how the

fourteen duties are managed by an elected official versus an appointed one.

The interviews were voice recorded and the recordings used to determine the salienant

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themes in each interview group. All but two of the interviews were conducted by telephone.

One interviewee was within close enough proximity where a personal interview was used. A

second interview was conducted via e-mail due to scheduling constraints with the interviewee.

The identities of the interviewees as well as the townships they work for will be kept

confidential. The researcher will secure the original recordings of the interviews until no longer

necessary.

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DATA ANALYSIS AND FINDINGS

In all fifteen interviews were conducted between the three research groups, representing a

total of eleven charter townships. Table 1 contains the charter townships comparison.

Table 1 – Charter Township System Township System Used Population Density

(population/mi2) 1 Appointed Superintendent System > 1000 2 Appointed Superintendent System > 1000 3 Elected Supervisor System 500-999 4 Elected Supervisor System 500-999 5 Appointed Superintendent System 500-999 6 Elected Supervisor System 100-500 7 Appointed Superintendent System 100-500 8 Elected Supervisor System 100-500 9 Appointed Superintendent System 100-500 10 Appointed Superintendent System < 100 11 Appointed Superintendent System < 100

The data gathered was compiled and analyzed from which the research questions could

be answered. To assist in this a seven phase process by Marshall and Rossman (2006) was used;

organizing the data, immersion in the data, generating categories and themes, coding the data,

offering interpretations, searching for alternative understandings, and writing the report.

The findings are presented by question with the responses from each of the three groups

presented. A coding system is used to differentiate from the supervisors who operate with an

appointed superintendent versus those supervisors who do not. Elected supervisors who work in

the appointed superintendent system will have the acronym SUPER-ATS, and elected

supervisors who do not work in the appointed superintendent system will have the acronym

SUPER-EL. This coding system will allow for easier response identification due to the

similarities in the titles for the three respondent groups.

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The first question was basic demographic information consisting of age, gender, highest

education level and years of service. The six superintendents interviewed were all male and had

an average age of 50.5 years. Education levels among the superintendents were two Bachelors

degrees (business and English), three Masters of Public Administration Degrees, and a Doctorate

Degree in Public Policy. The average length of service at their current township was eight years,

the average total length of government service was 24.5 years.

The SUPER-ATS had an average age of 66.2 years. Four of the supervisors were male

and one was female. Educational experience consisted of one supervisor having a high school

diploma, two Bachelors degrees (mechanical engineering and unknown), one Masters of Public

Administration, and one Doctorate (dental surgery). The average length of service as elected

supervisor in their current township was 1 year and 9 months. All the SUPER-ATS interviewed

in this group had been elected supervisor in November of 2008. The average total length of local

government service was 21.4 years.

The SUPER-EL had an average age of 50.3 years. There were three male supervisors

and one female supervisor interviewed. Educational experience consisted of three Masters

degrees (public administration, business administration and planning), and one bachelor’s degree

(business administration). The average length of service as elected supervisors in their current

township was six years. The average total length of local government service was eight years. A

comparison can be found in Table 2.

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Table 2 – Supervisor and Superintendent Characteristics

Research Group Average Age Education Range Average Service at

Current Position Average Local

Government Service Superintendents 50.5 Bachelors – PhD 8 years 24.5 years Supervisors (appointed superintendent system) 66.2 Bachelors – PhD 1.75 years 21.4 years

Supervisors (non-appointed superintendent system) 50.3 Masters 6 years 8 years

Perhaps the most interesting results found in Table 2 is the difference in age between the

SUPER-ATS and the SUPER-EL. The respondents in both groups were chosen at random, the

interviewer did not have a hand in influencing the age of the respondents. One explanation of

the difference could be due to SUPER-EL having more responsibilities versus SUPER-ATS.

SUPER-EL are responsible for administration, policy, and politics which perhaps draws a

“younger” demographic due to the full-time nature of the SUPER-EL position.

Another interesting difference is the years of service for those serving in an appointed

system versus a non-appointed system. This was expected in the superintendent group due to the

professional nature of the position. Government administration is a career field where you

would expect to find administrators having years of service behind them. This finding was not

expected in SUPER-ATS group since the pool of potential SUPER-ATS is so large; essentially

anyone over the age of eighteen is eligible to run for supervisor. This table alone opens up other

research opportunities to explore supervisor age and longevity based on the type of township

system utilized.

When asked about the statutory duties outlined in Michigan Compiled Law 42.10 (MCL

42.10) all of the superintendents indicated they managed all of the outlined duties. One

superintendent indicated he shared the personnel director duty with the elected township clerk,

however he was still directly involved in managing personnel. The duties assigned to the

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superintendents were either listed in their job descriptions or employment contracts. This

allowed for a clearer delineation of the duties which assisted in the township staff as well as

other stakeholders knowing who the responsible party was.

SUPER-ATS indicated the duties listed in MCL 42.10 were delegated to the

superintendent. One supervisor indicated even though the personnel director duty was delegated

to the superintendent they were still involved in personnel decisions. All the SUPER-ATS

acknowledged just because the actual duties are performed by the superintendent it does not

mean the SUPER-ATS are uninvolved. They keep informed through regular communication

with the superintendent in order to know how the day-to-day operations of the township are

functioning.

SUPER-EL indicated they were responsible for managing all duties listed in MCL 42.10.

This would be in accordance with MCL 42.10 since it states the elected supervisor shall exercise

any duty not delegated to a township superintendent. For this research group it was expected

they would have the responsibility for the listed duties. Interviews with the SUPER-EL group

revealed ultimate responsibility of the duties relied with them, however this did not mean the

day-to-day operation of a duty was performed by the SUPER-EL. SUPER-EL delegated certain

functions to the appropriate township staff who carried out the day-to-day administration.

The next question in the interview asked each research group to identify the three most

important duties from MCL 42.10. The responses for the three groups can be found below in

Table 3.

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Table 3 – Ranking of Duties Listed in MCL 42.10 Township Superintendent Responses

Duty #1 Duty #2 Duty #3 2 Enforce ordinances (a) Budget (i) Efficient administration (k) 5 Budget (i) Efficient administration (k) Recommend to board (j) 7 Budget (i) Efficient administration (k) Recommend to board (j) 9 Budget (i) Efficient administration (k) Manage undertakings (b) 10 Budget (i) Efficient administration (k) Recommend to board (j) 11 Efficient administration (k) Recommend to board (j) Budget (i)

Township Supervisors Using the Appointed Superintendent System Duty #1 Duty #2 Duty #3 1 Budget (i) Recommend to board (j) Efficient administration (k) 2 Manage twp. property (c) Efficient administration (k) Budget (i) 5 Enforce ordinances (a) Manage undertakings (b) Manage twp. property (c) 7 Manage undertakings (b) Efficient administration (k) Budget (i) 9 Enforce ordinances (a) Committee member (h) Budget (i)

Township Supervisors not Using the Appointed Superintendent System Duty #1 Duty #2 Duty #3 3 Efficient administration (k) Personnel director (n) Committee member (h) 4 Manage undertakings (b) Personnel director (n) Attend meeting (g) 6 Enforce ordinances (a) Budget (i) Efficient administration (k) 8 Budget (i) Efficient administration (k) Enforce ordinances (a)

As illustrated in Table 3 two-thirds of the superintendents felt preparing and

administering the annual budget (duty i) was the most important duty, the remaining

superintendents had the duty elsewhere on their list. Of the fourteen duties which could have

been chosen by the superintendents, only five of the duties were seen to be the most important by

the appointed superintendents.

SUPER-ATS did not have as much consistency as the appointed superintendents. These

supervisors listed a total of seven different duties, five of which were the same duties listed by

the superintendents. The rank order of the duties were less consistent than the superintendent

group. Responses from the superintendent and SUPER-ATS of the same township found

21  

varying priorities, township #2 listed four duties between the supervisor and superintendent. The

two duties, which were the same between the two officials, were not in the same order.

Township #5 had six different duties listed between the two interviewees; neither official chose a

duty on the other officials list. Township #7’s officials listed four different duties, with them

agreeing on the second more important duty (efficient administration (k)). The other duty they

had in common was most important for the superintendent but third-most important for the

SUPER-EL. Township #9 had five different responses between the two officials, the one

common duty was not seen as important to the supervisor as the superintendent. The common

duty (budget (i)) was ranked most important for the superintendent and third most important for

the SUPER-EL.

These findings would seem to indicate a lack of communication between the SUPER-

ATS and superintendent or could indicate the superintendent and SUPER-ATS are not on the

same page as to the priorities of the duties listed in MCL 42.10. The interview data indicated the

SUPER-ATS played a greater role in policy direction whereas the superintendent was more

responsible for the day-to-day operations of the township. The difference in the ranked duties

may come from a difference in perspective each official has based on their perceived role in the

township. A breakdown of the number of times a duty was listed can be found in Table 4.

Table 4: Frequency of Responses by Officials during Interview Duty Superintendent SUPER-ATS SUPER-EL Total

Budget (i) 6 4 2 12 Efficient administration (k) 6 3 3 12 Enforce ordinances (a) 1 2 2 5 Recommend to board (j) 4 1 0 5 Manage undertakings (b) 1 2 1 4 Committee member (h) 0 1 1 2 Manage twp. property (c) 0 2 0 2 Personnel director (n) 0 0 2 2 Attend meetings (g) 0 0 1 1

22  

The next question asked how the research groups managed the duties they were

responsible for. In the superintendent group, a key component to the way the duties are managed

is open communication between township staff and the township board. Additionally, there was

a focus on township staff participation when considering matters affecting them. One

superintendent stated, “If the township staff is part of the process they will help you sell the

initiative to the rest of the staff.”1

A specific example of staff involvement leading to a successful initiative was a township

changing their health care plan. The superintendent stated rather than a “top-down” decision a

committee of township staff was formed to make a recommendation as to the direction the

township should go. The superintendent found value in this method as through the process those

on the committee became advocates for the change. This allowed for more staff buy-in than had

the superintendent made a decision on his own.

All the superintendents’ interviews mentioned collaboration when asked how they

manage their duties. When asked why collaboration was important to his management style the

superintendents indicated collaboration allowed for the strengths of individual staff members to

benefit the township. Multiple superintendents mentioned they had department heads who had

specific strengths and expertise in their department areas. They stated with that kind of expertise

working for them their job was to manage the individual departments as one cohesive unit

serving out the policy directions of the township board.

In addition to collaboration, staff empowerment was also a salient theme. One

superintendent stated, “Empower staff to think on their own and make creative decisions.”2

This particular superintendent allowed his staff to tackle problems on their own first. His staff

                                                                                                               1  Confidential  Interview  No.  1-­‐10,  7/12/10  2  Confidential  Interview  No.  1-­‐11,  7/16/10  

23  

knew the boundaries they could operate within and they were allowed to problem solve

accordingly. Allowing his staff to do this allowed for the superintendent to capitalize on the

talents and expertise of the staff which may have otherwise not been captured.

Two superintendents specifically mentioned they try to manage their respective

townships like a business. This does not mean they are focusing on profit, but rather paying

attention to where money is being spent to insure solid investments. One township had recently

undergone an energy survey to see potential energy savings. In addition to this the township was

in the process of purchasing windmills to assist in their energy needs. All the superintendents

mentioned the economic downturn of Michigan as playing a role in how they are forced to do

more with less, trying to maintain services let alone expand them.

Superintendents stressed the importance of looking regionally at issues rather than “as an

island.” Several townships had shared services such as water/sewer, fire, police, building

officials, and assessing services. All the superintendents interviewed mentioned their role

maintaining or expanding inter-organizational relationships with other government entities or

organizations in the community. Superintendents played a role in maintaining these

arrangements by attending meetings and serving on various boards which oversaw the shared

services.

One example of this function was a township superintendent who chaired a sewer

authority that serviced multiple jurisdictions. This same township also had shared police, fire,

and code enforcement staff. When asked about the importance of this he stated it was not

economically responsible for the township to have it’s own services, therefore shared services

were explored and developed.

24  

Another superintendent mentioned the importance of communication with other

municipalities because actions taken by the township can affect those other entities and vise

versa. This superintendent had regular meetings with other local, county, and state agencies to

talk about regional issues which affect everyone in the area.

The superintendents interviewed all stated their position allowed for the township to keep

a history of institutional knowledge sometimes not allowed under the electoral system. Staff

may carry out the day-to-day functions of the specific duties, however the superintendents are

there to ensure the proper management of those functions. When problems arise that fall outside

the realm of a staff member the superintendent is there to offer guidance and input to solve the

problem. One superintendent stated, “Let the people do their jobs, and provide assistance when

needed to help them solve a problem.”3

SUPER-ATS do not carry out the duties in MCL 42.10 so the question of how do they

manage them does not apply. The SUPER-ATS stated they are not in the business of day-to-day

administration; they have an appointed superintendent who takes care of that for them. In fact,

all the SUPER-ATS in this system interviewed were part-time officials working anywhere from

10-30 hours per week. Several of these SUPER-ATS had other full-time employment, the

SUPER-ATS position was seen in their eyes as more of a community service function than a

traditional employment opportunity. Two SUPER-ATS stated if the position had been a full-

time position and thus responsible for day-to-day administration they would not have run for the

position.

SUPER-EL are responsible for the duties listed in MCL 42.10. These supervisors were

full-time officials working at least 40 hours per week for the township. When asked how they

                                                                                                               3  Confidential  Interview  No.  1-­‐11,  7/16/10  

25  

manage the various duties there was indication from the supervisors there was a learning curve

that they did not necessarily expect prior to taking office. During the transition period SUPER-

EL relied on township staff quite heavily since the staff, especially the department heads, had the

institutional knowledge of the organization. One SUPER-EL stated it was “quite overwhelming

at first”4 when speaking about the initial few months on the job.

As the SUPER-EL gain experience several SUPER-EL stated they learned to delegate the

functional activities to the proper township staff rather than attempt to carry everything out

themselves. One SUPER-EL stated, “the staff is there to carry out the day-to-day activities

which correspond to the duties, my job is to let them do their job.”5 Another SUPER-EL stated,

“Duties often start at the supervisors office but then is delegated to someone more appropriate

within the township.”6 The same SUPER-EL also stated “I delegate the activities to the people

who have the talent to do them.”7 He then gave the example of how the treasurer is good with

budget so the treasurer takes the lead on developing the township’s budget. Additionally the

clerk handles the facilities maintenance management since that is a strength of that individual.

Another SUPER-EL’s style developed into a system where they see their management style as

“giving the proper tools to those doing the work.”8 This is weighed with the policy direction set

by the board, and not a blanket “blank check” to departments.

Interviews with SUPER-EL indicated communication is the key factor when delegation is

used, it allows for the supervisor to stay informed since ultimate authority for the listed duties

rests with the supervisor’s office.

                                                                                                               4  Confidential  Interview  No.  1-­‐5,  7/16/10  5  Confidential  Interview  No.  1-­‐5,  7/16/10  6  Confidential  Interview  No.  1-­‐9,  7/20/10  7  Confidential  Interview  No.  1-­‐9,  7/20/10  8  Confidential  Interview  No.  1-­‐4,  8/06/10  

26  

Another SUPER-EL indicated the management process was “fluid as you adjust to the

individuals you serve and work with.”9 This SUPER-EL indicated at a minimum every four

years there is potential for the three main positions (supervisor, clerk, and treasurer) to change

due to election outcomes. Part of the challenge is to maintain consistency while realizing the

leadership of the organization may change every four years. When asked about the challenge

this presents to a township one SUPER-EL responded, “qualifications are not always

synonymous with electability.”10

The next question asked about the additional work that comes with the position outside of

the duties listed in MCL 42.10. Superintendents when asked about additional responsibilities

had a common theme of communication and education. An example of this is educating the

township board as to their policy decisions and how they will play out in the community.

Another form of this is communicating and educating the public. One superintendent stated,

“Some people do not want to talk to a person in the department they want to speak directly with

the superintendent’s office.” 11 Although not listed as a specific duty, communication and

education of the board and the public was the largest “non-listed” duty that superintendents spent

time on.

For the SUPER-ATS group the question of additional duties did not apply since they do

not carry out the duties listed in MCL 42.10. Any functions performed by the SUPER-ATS

officials were within the scope of their office. The main findings with the SUPER-ATS group

were their “duties” are mainly policy and politically oriented. The one duty every SUPER-ATS

performs is to chair the township board meetings.

                                                                                                               9  Confidential  Interview  No.  1-­‐9,  7/20/10  10  Confidential  communication  No.  1-­‐7,  7/29/10  11  Confidential  Interview  No.  1-­‐8,  7/13/10  

27  

The SUPER-EL have several additional duties outside of MCL 42.10, in general their

duties comprise those of the appointed superintendent as well as the SUPER-ATS. The SUPER-

EL are responsible for the duties listed in MCL 42.10 as well as the additional political and

policy issues. Interviews with SUPER-EL indicated they understood their role as both

administrator, policy maker, and politician.

The next question asked the research groups what things took time away from carrying

out the duties listed in MCL 42.10. Many of the responses from the superintendents were

responsibilities that fell under MCL 42.10, however they were not as high a priority as other

duties. The largest example of this is the superintendent carrying out the duty of personnel

director (duty n). One superintendent stated he had to spend time resolving personnel issues

which could not be resolved at the department level. The superintendent indicated he would

rather not have to spend time with these issues, but realized it is a duty under his responsibility.

A majority of the superintendents mentioned a lack of resources as affecting their ability

to carry out their duties. There may be a push for an initiative but the township lacks the

resources (financial, time, capital) to carry them through. In this case the superintendents role is

to work with the policy makers to prioritize those issues which are competing for scarce

resources. One superintendent stated “the key is to prioritize based on timelines and the

available resources for the various projects.”12

Another example listed by several superintendents were “emergency” issues. These were

most often characterized as issues which only affected a few individuals but in their eyes were

considered “emergencies.” These issues often lead to the superintendent spending time with the

                                                                                                               12  Confidential  Interview  No.  1-­‐11,  7/16/10  

28  

individuals to address their concerns. Another superintendent labeled these issues as “NIMBY

issues.”

Again since SUPER-ATS have delegated their duties to the superintendent the question

of what takes time away from administering the duties does not apply. SUPER-ATS expressed

the sentiment they were thankful there was a system in place which provided for the day-to-day

administration so the SUPER-ATS could focus on policy and political issues.

SUPER-EL when asked what factors time away from the duties of MCL 42.10 listed

similar issues as the superintendents as well as one not mentioned by superintendents. These

SUPER-EL mentioned political issues took time away from the management of their statutory

duties. When asked directly SUPER-EL stated the politics involved with their position as

political head as well as management head slowed down their ability to manage. Additional time

was spent in clearing up political issues before management of a particular initiative.

Questions were asked to gather insight from the superintendent as to what impact the

SUPER-ATS had on the day-to-day administration of the township. Five out of six

superintendents stated the SUPER-ATS has minimal to no impact on the day-to-day operations

of the township. A common theme was there is always a learning curve with a new SUPER-

ATS, but over time the impact is lessened. One superintendent stated, “The supervisor limits his

role to public relations and nine out of ten times is coming to me with issues he wants to

explore.”13

Additional superintendents echoed the same sentiment indicating the SUPER-ATS was

happy with his part-time role as policy maker versus administrator. One superintendent stated,

“The supervisor actually wanted out of the day-to-day administration and wants to focus on the

                                                                                                               13  Confidential  Interview  No.  1-­‐10,  7/12/10  

29  

overall policy decisions.”14 The same superintendent also stated, “The board sets the direction of

the township, the superintendent’s job is to put the pieces in place to carry it out.”15

One superintendent however felt the supervisor and other board members play too much

of an impact on the day-to-day operations. This superintendent stated “problems are arising

when the supervisor wants to be involved, but shouldn’t be since those duties have been

delegated to the superintendent.”16 This superintendent admitted in his opinion the supervisor

(and other officials) played too active a role in administration.

SUPER-ATS were asked what impact the superintendent has on the day-to-day

operations of the township through the viewpoint of the SUPER-ATS. The SUPER-ATS all

mentioned themes of consistency, professionalism, and business-like attributes when speaking

about the impact the superintendent has. The SUPER-ATS gave the impression that they did not

have to worry about the day-to-day operations of the township and could focus on the policy

decisions. This is in line with the responses from the superintendents, with administration out of

the way, policy makers could be just that and not administrators.

Another impact the superintendent had on one particular township was assisting through

a transition period where six out of seven board members were replaced. In this particular

township the board members who were replaced did not work with the newly elected members.

The SUPER-ATS stated the superintendent allowed for consistency during the transition,

residents felt no day-to-day effects even though six out of seven board members were replaced.

Without the appointed system the SUPER-ATS felt the transition would have taken considerably

                                                                                                               14  Confidential  Interview  No.  1-­‐08,  7/13/10  15  Confidential  Interview    No.  1-­‐08,  7/13/10  16  Confidential  Interview  No.  1-­‐11,  7/16/10  

30  

longer and there would have been potential for decreased productivity. This SUPER-ATS stated,

“Without the superintendent in place the township would be further behind.”17

One SUPER-ATS felt the superintendent was able to look out for the long-term growth of

the township better than any elected board could. A different SUPER-ATS stated the

superintendent had strength in budgeting and has allowed the township to be further ahead with

long-term initiatives. This supervisor feels being what he considers “further ahead” a direct

result of the appointed system. He stated, “He manages the budget process better than any

elected could and he looks into the future more than any previous board did.”18

The system of appointing a township superintendent allows for the elected supervisor of

that township to focus on the policy issues rather than day-to-day administration. Questions

were asked to both the superintendent and SUPER-ATS to determine what the focus of the

SUPER-ATS is, realizing the administration is no longer the SUPER-ATS responsibility.

Superintendents unanimously stated the appointed system allowed the SUPER-ATS to

focus on political and policy issues rather than administration. Another common theme was the

SUPER-ATS is allowed to focus more on being the public figure head. One superintendent

stated this system allowed his SUPER-ATS to be out in the community which he did not think

would be possible under the non-appointed system. “It allows the supervisor to take an active

role as a public relations person, attending the grand openings and ribbon cutting type events.”19

Another theme mentioned multiple times was the system allows the SUPER-ATS to

focus on long-term policy decisions as well as take time to focus on initiatives they would

otherwise not have time for. One example is a SUPER-ATS spending time on “green

                                                                                                               17  Confidential  Interview  No.  1-­‐10,  7/15/10  18  Confidential  Interview  No.  1-­‐8,  7/13/10  19  Confidential  Interview  No.  1-­‐3,  7/16/10  

31  

initiatives.” The superintendent “allowed the supervisor to be extracted from the day-to-day

operations and focus on the bigger picture policy initiatives and lobby for political support.”20

The same superintendent stated “what has happened here probably wouldn’t have happened here

or would have occurred less frequently without the appointed system allowing the supervisor to

focus on larger issues (seeing the forest for the trees)”21

SUPER-ATS were asked how the appointed superintendent affects their focus. A

common theme confirms the purpose for the appointed administrator, which is because of an

appointed administrator they could focus on policy and politics instead of the day-to-day

operation. Some SUPER-ATS stated if the appointed system was not in place they would not

have run for office.

Questions were asked to all three research groups as to their overall view of the appointed

system versus the purely elected system. Superintendents as well as SUPER-ATS both stated

they felt the appointed system was the proper and best way to administer township government.

One superintendent stated “no question it is a much more effective way to operate, think of it like

a CEO position in township government.”22

SUPER-ATS also had a positive view with one SUPER-ATS stating, “What makes me

qualified to manage 27 employees and a budget of $9 million? SUPER-ATS were being

unseated every four years and the only qualification you need is to be 18 and more popular than

the person you are running against.”23 The SUPER-ATS continued to state that no business

would have an at large elected CEO at its head; it just does not make good business sense.

                                                                                                               20  Confidential  Interview  No.  1-­‐12,  7/27/10  21  Confidential  Interview  No.  1-­‐12,  7/27/10  22  Confidential  Interview  No.  1-­‐10,  7/12/10  23  Confidential  Interview  No.  1-­‐1,  7/28/10  

32  

This same township was able to save over $175,000 by making the supervisor, clerk, and

treasurer positions part-time. The SUPER-ATS stated it was an easy decision for him to

advocate for the appointed system because the township could save money and hire a

professional manager. This SUPER-ATS believed the largest reason more townships do not

have an appointed system is unwillingness for the main elected officials to give up a full-time

job. “If the three main elected officials are against the change it only take one trustee vote to kill

it.”24 This SUPER-ATS also acknowledged the previous SUPER-ATS would not have been

willing to give up the “power” that comes with being elected supervisor. Perhaps the largest

benefit this supervisor sees after the cost savings is “it takes a lot of the politics out of

administration, it at least helps by drawing a line.”25

One SUPER-ATS while running for office was against the appointed system, however

his view changed once he was in office and saw what it took to administer a township. This

particular SUPER-ATS is a big proponent of appointed administrators due to the separation

between administration and politics the system brings.

SUPER-EL also saw a benefit to the appointed system if it met the needs of the township.

One SUPER-EL stated, “it should be viewed through the current circumstances of the township,

how large the township is and how much work there is to do.”26 This same SUPER-EL admitted

to having to lean on other staff members when the SUPER-EL was elected due to the unexpected

issues associated with the position. Luckily at this township both the clerk and treasurer have

been there over 15 years each, had their experience not been there it would have been a much

                                                                                                               24  Confidential  Interview  No.  1-­‐1,  7/28/10  25  Confidential  Interview  No.  1-­‐1,  7/28/10  26  Confidential  Interview  No.  1-­‐5,  7/16/2010  

33  

more difficult situation. The SUPER-EL admitted that although they knew of the appointed

system they were not familiar with how it would work in the context of their particular township.

One SUPER-EL presented the unique perspective of having had a superintendent but due

to management issues was let go and not replaced. This SUPER-EL stated due to the stagnant

growth of the community the board felt the three main elected officials could handle the duties.

This SUPER-EL admits that he is still supportive of the system if the township conditions

warrant it. At this time the SUPER-EL felt they could handle the administration and policy

decisions without the assistance of a superintendent.

The next series of questions dealt with political and managerial conflicts. When

interviewing the superintendents the focus was on conflicts between the superintendent and

SUPER-ATS, as the role played by the superintendent is directly taken from the SUPER-ATS

duties. All the superintendents mentioned at least some degree of political influences affecting

their management ability. The degree of political conflict varied between the superintendents,

however there was one superintendent who rarely experienced it while another experienced it

quite regularly.

One superintendent was able to avoid a lot of conflict because after each election cycle

he “has a pretty frank and open discussion”27 with each board member as to the way the system

should work. He credits this approach when he stated “an elected official stepping into the

managerial/administrative side of things does not happen”28 This superintendent credits laying

out the roles each side plays (administrative versus policy) and maintaining open communication

with the various board members to see the boundary is maintained.

                                                                                                               27  Confidential  Interview  No.  1-­‐10,  7/12/10  28  Confidential  Interview  No.  1-­‐10,  7/12/10  

34  

One township interviewed had recently adopted the “policy governance” model of

management. This model allows for the delineation of roles between the board, superintendent,

and public to be clearly defined. The paths of responsibility are developed and adapted by the

community. The “ends” of local government services are separated from the “means” used to

accomplish it. (http://www.carvergovernance.com/model.htm) All available tools are on the

table for township staff to accomplish the “ends” set forth by the township board, as long as they

do not violate the standards set. This type of model allows for perhaps the clearest

understanding of roles in local government. This understanding will further enhance the

communication between the board, staff, and superintendent. The township implementing this

system was excited to see the benefits this system would bring, the most noted benefit in their

perspective was the benefit of a reduction in conflicts due to role confusion.

When asked how political issues affect his management one superintendent plainly stated

“politics, elected officials can get in the way of the business plan.”29 When asked how this is

resolved the superintendent stated usually through communication and information sharing, often

it is a result of someone not having all the information.

All but one of the superintendents stated the key to solving the conflicts is

communication and education. One superintendent stated, “Communication is key to everything

we do”30 In some cases the SUPER-ATS (or other elected official) will get gung-ho on an issue

and inadvertently cross the boundary between politics and administration. For cases such as

these a simple reminder is all it took for the boundary to be restored without further incident.

One superintendent expressed great success at minimizing the conflicts under his tenure when he

stated, “after 20 years you get a feeling of how to manage issues which lead to political conflict.

                                                                                                               29  Confidential  Interview  No.  1-­‐10,  7/12/10  30  Confidential  Interview  No.  1-­‐3,  7/16/10  

35  

Normally they are issues that deal with resource allocation, getting everyone on the same page

prior to issues coming up goes a long way in preventing future conflict.”31

Another superintendent gave insight to a current issue regarding the township’s

wastewater plant capacity. The current plant is nearing capacity so a decision needs to be made

to either expand the current plant or contract with a nearby entity. The superintendent’s position

is to expand the current plant whereas the SUPER-ATS is more for partnering. The

superintendent stated “at this point my job is to present the facts of both plans and to advocate

for what I feel is the best direction of the township. It is ultimately the boards decision to make

based on the information available.”32

One superintendent who expressed an increased level of conflict stated, “The board does

not understand the role of the appointed superintendent and I do not currently have the support of

the board because they are locked together.”33 The particular area of conflict was with duty k,

administration of township departments. Board members were interfering in the administration

of this duty. When asked why the board still uses the appointed system the superintendent stated

“I’m pretty sure it’s because of the severance agreement in my contract.” 34 This superintendent

has on numerous occasions had to refer to the employment contract which identified which

duties are to be carried out by the superintendent. This superintendent is the only one

interviewed who expressed this level of conflict. The level of conflict in their townships did not

concern the remaining superintendents as well as the supervisors interviewed. One

superintendent stated “There is room for legitimate disagreement, everyone just needs to sit

                                                                                                               31  Confidential  Interview  No.  1-­‐10,  7/12/10  32  Confidential  Interview  No.  1-­‐8,  7/13/10  33  Confidential  Interview  No.  1-­‐11,  7/16/10  34  Confidential  Interview  No.  1-­‐11,  7/16/10  

36  

down and have a frank discussion so all sides are clear. The majority of the time everyone will

respect the roles of both positions (elected vs. appointed).”35

Interestingly enough, an interview with an SUPER-EL found a unique perspective on the

appointed system. One SUPER-EL interviewed indicated they were appointed to fill the last

two-years of a four-year term. The plan was to use those two years to implement an appointed

superintendent system, however after taking office this SUPER-EL felt he could carry out the job

as a full-time SUPER-EL. This particular SUPER-EL has been in office for over 12 years now.

This SUPER-EL did state while going through the preliminary discussion of switching to the

appointed system he found it to be extremely important for the decision to be unanimous. This

SUPER-EL felt an appointed superintendent would not work with a simple board majority

supporting it, especially if the three main positions (supervisor, clerk, treasurer) did not support

the system.

This sentiment was common between the superintendents as well as the SUPER-ATS. A

simple 4-3 majority supporting the superintendent system allowed for those board member

opposed to it to undermine and influence the system in a negative way. Interviewees concurred

the more support at the board level for the appointed system, the better the system would

perform.

   

                                                                                                               35  Confidential  Interview  No.  1-­‐12,  7/27/2010  

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CONCLUSION

Three research groups, representing two management systems, were interviewed to

determine the manner in which their statutory duties are managed. Additional questions sought

to determine what, if any, political or managerial conflicts were present in the two systems. The

first system was the appointed township superintendent system, where statutory duties of the

elected supervisor are delegated to an appointed superintendent. Interviews of superintendents

as well as elected supervisors using this system were conducted to answer the research questions.

Supervisors of the second system which does not employ an appointed superintendent, were also

interviewed to answer the research questions.

Both management systems appear to be working through the eyes of those inside them.

Respondents of the appointed superintendent system agreed it allowed for professional and

politically neutral management as long as there were clear roles defined for the supervisor and

superintendent. Each SUPER-ATS interviewed had been elected in November of 2008 and

expressed because of the superintendent being in place there were minimal transition issues as it

allowed for an easier transition of officials due to the institutional knowledge possessed by the

superintendent.

SUPER-ATS felt their respective townships were managed more professionally and with

less political influences running the day-to-day activities. When political or managerial conflict

did arise it was most often solved by communication and a re-education of the roles each party

play in township governance.

Respondents of the SUPER-EL system stated they felt their system managing the duties

appropriately. These SUPER-EL did admit to a significant transition phase and a lack of

institutional knowledge as being a hindrance to their administration early on. At the time they

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were interviewed these SUPER-EL agreed they were managing their duties appropriately. All

the SUPER-EL did admit to the possibility of an “unqualified” individual ending up with the

responsibility of managing, however they felt the non-appointed system was appropriate for their

respective townships.

The finding which can apply across all levels of local governance is using effective

communication and education to prevent conflicts. When conflicts do occur communication and

education will most likely play a role in solving them. The data overwhelmingly pointed to

communication and education as being the key preventative as well as solver to conflict.

Additionally clear role definition is also extremely important to local government administration.

This finding can be applied regardless of the type of system used. It could be argued that

SUPER-EL should be just as concerned with role definition because there is not an appointed

superintendent who would be recognized as the day-to-day operational manager.

There is something commendable where a system can exist where a supervisor gives up

“power” which is theirs in order to better serve the citizens of their community. Those who

served in a appointed system stated they felt their communities were better served when

administered by an appointed superintendent. A few of these SUPER-ATS pointed to the fact

they were no where near qualified to administer a township, even if legally it was their duty.

There may be no “one size fits all” township administration system, through those who

work in both types, their type is the most appropriate. Ultimately the citizens will demand the

type of administration system based on factors which are important to them. The data gathered

through this research does point to the appointed administration system having operational and

political advantages which would outweigh any disadvantages.

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APPENDIX A

QUESTIONS FOR CHARTER TOWNSHIP SUPERVISOR WITH NO APPOINTED

TOWNSHIP SUPERINTENDENT

1. Demographic Information

• Age

• Gender

• Education Level

• Current township served

2. How many years of service in current position as elected local official?

3. How many years of service in local government?

4. Which of the 14 statutory duties do you carry out on a regular basis?

5. Of the statutory duties identified in question 4 which three do you deem to be the most

important?

6. Provide examples of how you carry out the statutory duties listed above.

7. For each listed statutory duty how much time per week do you spend on it?

8. List the factors which take time away from the identified duties.

9. List the factors which change the actual priority of the duties identified.

10. Are you aware Michigan law allows for the appointment of a manager or superintendent?

11. Are you aware of the differences between the two systems?

12. What is your overall view of an appointed township manager/superintendent system?

13. What do you see as the advantages/disadvantages of such a system?

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APPENDIX B

SAMPLE QUESTIONS OF CHARTER TOWNSHIP SUPERVISORS WHICH UTILIZE AN

APPOINTED SUPERINTENDENT

1. Demographic Information

• Age

• Gender

• Education Level

• Current township served

2. How many years of service in current position as elected local official?

3. How many years of service in local government?

4. Which of the 14 statutory duties do you carry out on a regular basis?

5. Of the statutory duties identified in question 4 which three do you deem to be the most

important?

6. Which statutory duties are delegated to the township superintendent?

7. Of the statutory duties identified in question 6 which three do you deem to be the most

important?

8. Which statutory duties which remain your responsibility?

9. Provide examples of how you carry out the statutory duties which remain your responsibility.

10. What factors take time away from the statutory duties you carry out?

11. What factors change the actual priority of the identified duties you carry out?

12. What additional functions are you able to carry out due your township employing an

appointed superintendent?

13. From your perspective as the township supervisor, what impact does the appointed

superintendant have on the day-to-day and long-term operation of the township?

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APPENDIX C

SAMPLE QUESTIONS OF APPOINTED TOWNSHIP SUPERINTENDENT

1. Demographic Information

• Age

• Gender

• Education Level

• Current township serving

2. How many years of service in current position as township superintendent at current

township?

3. How many years of service as a township superintendent?

4. How many years of service in local government?

5. Which of the 14 statutory duties listed have been delegated to you?

6. Of the statutory duties delegated to which three do you consider the most important?

7. Provide examples of how you carry out the statutory delegated to you.

8. List any other duties or functions you carry out on a day-to-day basis.

9. List the factors which take time away from the statutory duties delegated to you.

10. From your perspective as an appointed official, what impact does the elected supervisor

have on the day-to-day and long-term operation of the township?

11. From you perspective as an appointed official, what additional functions is the township

supervisor able to carry out due to the township operating with an appointed superintendent?

12. Are their functions which you carry out which lead to political conflicts? What are the

nature of those conflicts and how are the resolved?

13. Are their functions which you carry out which lead to managerial conflicts? What are the

nature of those conflicts and how are they resolved?

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REFERENCES

Anonymous. Interview with Author. Kalamazoo, MI. 07/12/2010. Anonymous. Interview with Author. Kalamazoo, MI. 07/13/2010. Anonymous. Interview with Author. Kalamazoo, MI. 07/13/2010. Anonymous. Interview with Author. Kalamazoo, MI. 07/13/2010. Anonymous. Interview with Author. Kalamazoo, MI. 07/14/2010. Anonymous. Interview with Author. Kalamazoo, MI. 07/15/2010. Anonymous. Interview with Author. Kalamazoo, MI. 07/15/2010. Anonymous. Interview with Author. Kalamazoo, MI. 07/16/2010. Anonymous. Interview with Author. Kalamazoo, MI. 07/16/2010. Anonymous. Interview with Author. Kalamazoo, MI. 07/16/2010. Anonymous. Interview with Author. Kalamazoo, MI. 07/20/2010. Anonymous. Interview with Author. Kalamazoo, MI. 07/23/2010. Anonymous. Interview with Author. Kalamazoo, MI. 07/27/2010. Anonymous. Interview with Author. Kalamazoo, MI. 08/06/2010 Anonymous. Personal Communication with the Author. 07/29/2010. Avellaneda,  C.  N.  (2009).  Municipal  Performance:  Does  Mayoral  Quality  Matter?  Journal  of         Public  Administration  Research  and  Theory  ,  19  (2),  285-­‐312.    Barbuto  Jr.,  J.  E.,  &  Burbach,  M.  E.  (2006).  The  Emotional  Intelligency  of  Transformational         Leaders:  A  Field  Study  of  Elected  Officials.  The  Journal  of  Social  Psychology  ,  146  (1),         51-­‐64.    Bauckham,  J.  J.  (2000).  Authorities  &  Responsibilities  of  Michigan  Township  Officials,  Boards,           and  Commissions.  Michigan:  Michigan  Township  Association.    

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Berman,  E.  M.,  &  West,  J.  P.  (2003).  What  is  Managerial  Mediocrity?  Public  Performance  and           Management  Review  ,  27  (2),  9-­‐29.    Bogt,  H.  (2002).  Perfromance  Evaluation  Styles  In  Governmental  Organizations:  How  do         Professional  Managers  Facilitate  Politicians'  Work?  Management  Accounting         Research  ,  14,  311-­‐332.    Deno,  K.  T.,  &  Mehay,  S.  L.  (1987).  Municipal  Management  Structure  and  Fiscal         Performance:  Do  City  Managers  Make  a  Difference?  Southern  Economic  Journal  ,  53         (3),  627-­‐642.    French,  P.  E.,  &  Folz,  D.  H.  (2004).  Executive  Behavior  and  Decision  Making  in  Small  US         Cities.  American  Review  of  Public  Administration  ,  34  (1),  52-­‐66.    Gooden,  V.  (1998).  Contracting  and  Negotiation:  Effective  Practices  of  Successful  Human         Service  Contract  Managers.  Public  Administration  Review  ,  58  (6),  499-­‐509.    Kim,  S.  (2002).  Participative  Management  and  Job  Satisfaction:  Lessons  for  Management         Leadership.  Public  Administration  Review  ,  62  (2),  231-­‐239.    Lightbody,  J.  (2003).  Adventures  in  Adequacy.  Public  Performance  and  Management  Review         ,  27  (1),  71-­‐87.    Marshall,  C.,  &  Rossman,  G.  B.  (2006).  Designing  Qualitative  Reserach  (4th  Edition  ed.).         Thousand  Oaks,  California,  USA:  Sage  Publications.    Novak,  J.,  &  Burkett,  S.  (2010).  Give  Yourself  Permission  to  Manage.  Public  Management,  92         (5),  8-­‐12.    Okubo,  D.  (2005).  A  Time  for  Change:  El  Paso  Adopts  the  Council-­‐Manager  Form.  National         Civic  Review,  94  (3),  3-­‐9.        

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Reilly,  T.  (2007).  Management  in  Local  Government:  An  Evolving  Landscape.         Administration  in  Socal  Work  ,  31  (2),  49-­‐65.    Vogelsang-­‐Coombs,  V.,  &  Miller,  M.  (1999).  Developing  the  Governance  Capacity  of  Local           Elected  Officials.  Public  Administration  Review  ,  59  (3),  199-­‐217.

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Township Organizational Styles

Townships in Michigan usually conform to one of three administrative models that identify how board authority is exercised or delegated: commission, strong supervisor or strong appointed administrator.

Commission model In the commission model, the township board acts jointly on most administrative matters. Individual officials may be assigned responsibility to oversee certain functions or a department, but these board members have limited authority to act on their own. Administrative matters are brought to the board with a recommendation from the officer or committee charged with overseeing that particular area. The advantage to the commission form of government is that individual officers are given little opportunity to act in a way that would be contrary to the board's wishes. Consequently, the board retains the maximum amount of control. The disadvantages include the difficulty that can arise in reaching a consensus on a particular administrative matter, and the resulting compromise may not be the optimal solution in anyone's opinion. The greater the number of administrative issues that the board reserves to itself to resolve, the less time it will have to consider the very important policy issues facing the township. Injecting politics into administrative matters can lead to unanticipated consequences such as inefficiency and erosion of employee morale. To better coordinate day-to-day administration in a township utilizing the commission model, a township board may appoint a person who provides communication among elected and appointed department heads, but who is somewhat limited in exercising independent authority. This position should be given a title such as administrative aide, coordinator or assistant to the board.

Strong Supervisor model In the strong supervisor administrative model, a significant amount of day-to-day authority is vested in the supervisor. The model's legitimacy is rooted, to some extent, in state law, under which the supervisor is the legal agent for the township, has statutory budget responsibility and presides over township board meetings. The Charter Township Act affords Charter Township supervisors a wide scope of authority when acting consistent with adopted board policies, particularly when the township board has not hi red a superintendent. In general law townships, when the township board has decided to delegate administrative responsibilities, the supervisor is often perceived to be the logical choice. Perhaps because the title "supervisor" conveys authority, the supervisor's position has been historically viewed, in many townships, as the primary leadership or spokesperson role in the township organization. I n a general law township, if the supervisor is also performing administrative functions, the authority to act on the board's behalf should be delegated by written board policy. However, some townships have chosen to make the clerk the township's first full- time officer.

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In those townships, this status has resulted in the clerk assuming a stronger leadership role. If the clerk is also performing administrative functions, the authority to act on the board's behalf should be delegated by written board policies.

Strong appointed administrator The strong appointed administrator model is provided for in the Charter Township Act for charter townships that hi re a superintendent. The act provides a job description of day-to-day duties that are assigned to the superintendent. An appointed administrator offers the township administrative continuity following turnover in elected office, as well as an opportunity for the board to determine the level of administrative expertise required of the township's chief administrative officer. Prior to filling a superintendent position, a charter township board should develop a job description that tailors the superintendent's duties to the particular township's needs and clearly establishes the extent of day-to-day authority. General law townships (or charter townships that want an administrator position that is not a superintendent) may appoint a manager who, depending on the duties assigned, may fit the appointed administrator model. The manager is considered to be a slightly weaker position than a township superintendent. The superintendent's duties are defined by state law, while a manager's duties are defined by township board action. Consequently, any of the manager's duties can be removed by the board. However, the charter township board can also adopt policies that restrict the superintendent's duties as well. Neither the township superintendent nor the manager quite compares to the city manager in power and authority. Cities that have adopted the city manager form of government do so by municipal charter and, most often, prescribe the duties and powers in the charter. City managers typically supervise or perform all of the functions outlined in the following chapters, including the accounting duties statutorily assigned to township clerks and treasurers. Township superintendents and managers may be involved in the clerk's and treasurer's duties with the consent of the elected official. Municipal charters may provide that the city manager be discharged only upon a two-thirds vote "of the city council, while township superintendents and managers serve at the pleasure of the township board and can be terminated by a simple majority vote. Perhaps the primary advantage that a strong appointed administrator brings to a local government organization is a degree of insulation of administrative decisions from political influence. This is particularly helpful in personnel administration. However, critics charge that administrators can become too insulated from political pressure

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and are less responsive to public demand. The board has a duty to ensure that the superintendent or manager acts in a way that instills public confidence in township administration. Consequently, a superintendent or manager position can flourish best in communities that are willing to let the superintendent or manager do what he or she was hired to do- manage the township. But policies become even more important then, allowing the board to set the tone-and limits-for the superintendent or manager.

Elected Officials' Styles Compounding the administrative differences between townships are the styles of three administrative officers-the supervisor, clerk and treasurer. Historically, township elective positions have been hands-on jobs, as supervisors muddied their feet measuring structures for their assessments, clerks carefully transcribed the proceedings of the township board meetings in the minutes book, and treasurers personally stamped every tax notice with a receipt upon collecting taxes due. In townships of every size, you can find elected township officials who save taxpayers a great deal of money by keeping their staff small, and who are willing to perform any and all tasks to keep the township running smoothly. It is still common for board members to perform a variety of administrative tasks- certainly more so than in cities and villages. However, there is a growing trend in the larger townships for the voters to elect officials who delegate most, if not all, of the day-to-day administrative responsibilities to a deputy and other office staff. The elected officials oversee their staff, who perform the statutory duties and additional administrative duties assigned to the office, but they do not perform the work themselves. Instead, these township officials concentrate on policy issues that a rise in regard to their responsibilities and the township as a whole. There is no one-size-fits-all administrative model that works for every township, but there are administrative models that are right or wrong for a particular township. The township's organizational structure and officials' styles should be evaluated and judged by whether the community's needs and wishes are being met, resources are being wisely used, and the township is accomplishing what it intends to do. Some structures and styles may be more efficient and effective, while others may provide more accountability between citizens and their township government. It is up to the township board to discern the public's will and exercise the responsibilities of leadership to craft appropriate policies to steer the township. Source: Michigan Township Association publication Policy Matters! pp. 12-15

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Memorandum of Understanding Delineating the Delegation of Duties of the Grand Haven Charter Township Supervisor

PREAMBLE: The office of supervisor for a charter township is often the first official contacted about any township business or complaint and is often perceived as the township spokesperson. It must be realized, however, that the authority of the supervisor is limited to that provided by statute or delegated by the township Board. The image of the township and its ability to satisfy the needs of its citizens and property owners rests largely on the supervisor’s knowledge of township government and how the township can accomplish these purposes legally, fairly and with the least amount of dissension and friction as possible. The ability to mediate in a rational and logical manner and in the interest of good township development and service is the major goal of the supervisor. However, it is not physically possible for a supervisor to complete all of these tasks within a community the size and complexity of Grand Haven Charter Township. This situation is further exacerbated by the salary structure of the office of supervisor that does not envision the supervisor performing duties forty hours per week, fifty-two weeks per year. Therefore, to assist with the administrative operations for the township, the supervisor will delineate the delegation of certain statutorily assigned functions to other full-time and/or part-time employees of the township. It is understood that this assignment does not diminish the supervisor’s statutory responsibilities and that these duties may be assumed at the supervisor’s discretion at any time. STATUTORY RESPONSIBILITES AND DELEGATION OF CERTAIN TASKS: A. Legal Agent for Grand Haven Charter Township. The supervisor is the township’s agent for transacting all legal business, upon who suits may be brought and defended and upon whom all process against the township is served. (MCL 41.2) This statutory responsibility and related duties are not delegated. Further, the superintendent is expected to keep the supervisor informed regarding all legal matters and lawsuits with which the township is involved. B. Moderates board meetings. When present, the supervisor is the moderator of any township meeting. (MCL 41.97) The supervisor has the authority to place a person under oath on any statements made to the

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supervisor in his or her official capacity as supervisor. (MCL 41.64b) The supervisor also has the right and duty to regulate the proceedings of any meeting, including deciding questions of order, making declaration of votes cast, granting authority to persons to speak at the meeting and silencing those who may be out of order or disrupting the meeting. (MCL 41.97 through MCL 41.99) As a member of the township board, the supervisor should vote on all issue upon which a vote is required, unless there is a conflict of interest unanimously agreed to by the board members. (MCL 42.5(2) and MCL 42.7) This statutory responsibility and related duties are not delegated. However, it is noted that the township board must appoint one of its members as president pro tem for the board meeting when the supervisor is absent. (MCL 42.5(2)) C. Assessment Administration. The supervisor is the chief assessing officer of the township, responsible for assessing property values. Even if the supervisor is not a certified assessor, he or she is still responsible for this duty. If the supervisor is not certified at the proper level, the township must provide for the appointment of a properly certified assessor. Any other assessors required to perform the function are subordinate to the supervisor. Upon completion of the assessment and preparing the rolls, the rolls must be deposited with the supervisor. (MCL 41.61) The supervisor may also be the secretary to the Board of Review. (MCL 41.61 and MCL 211.33) This statutory responsibility and related duties are delegated to the Assessing Director, who shall also act as the secretary for the Board of Review. Further, it is noted that the Assessor reports to the superintendent for day-to-day supervision and administrative purposes. D. Deputy Supervisor. The supervisor may appoint a deputy township supervisor who shall possess all the powers and duties of the supervisor during the supervisor’s absence, sickness, death or disability. The deputy dos not have the right to vote on the township board. (MCL 41.61) The supervisor does not appoint a deputy. E. Appointments and Nominations. The supervisor is responsible for appointing, with township board approval, all members of the planning commission, and downtown development authority members. (MCL 125.321 and MCL 125.1654)

This statutory responsibility and related duties are not delegated. Further, it is noted that under the township’s administrative policies and procedures that the supervisor also appoints, with township board approval, the members to the zoning board of appeals, construction board of

3

appeals, board of review, the Hofma Commission and all other standing and special committees of the township. F. Emergency Management Act Duties. In the event of a disaster or emergency within a township, the supervisor shall determine if the disaster or emergency is beyond the scope and control of the county or township, the supervisor or emergency management coordinator must contact the district emergency management coordinator to request state assistance or declare a state of emergency. (MCL 30.414) Pursuant to the township’s Emergency Response Plan that was adopted by the township board in 1995, this task and related duties are delegated to the township superintendent. G. Concealed Weapons Licenses.

The supervisor in a township without an organized police department, the supervisor is required to approve or object to a concealed weapons license. (MCL28.426(3))

This statutory responsibility and related duties are not delegated.

G. Superintendent. A charter township board has the authority to appoint a township superintendent and to delegate functions specified in statute. The supervisor exercises any functions that are not delegated to the superintendent. (MCL 42.10) It is noted that the Grand Haven Charter Township Board has appointed William D. Cargo as the superintendent for the township. This employment agreement with the superintendent has a term ending on December 31, 2017. Moreover, pursuant to this contact the Board has delegated the following responsibilities to the superintendent:

1. To see that all laws and township ordinances are enforced; 2. To manage and supervise all public improvements, works, and undertakings of the

township;

3. To have charge of the construction, repair, maintenance, lighting and cleaning of streets, sidewalks, bridges, pavements, sewers, and all of the public buildings or other property belonging to the township;

4. To manage and supervise the operation of all township utilities; 5. To be responsible for the preservation of property, tools, and appliances of the township;

4

6. To see that the terms and conditions imposed in favor of the township or its inhabitants in any public utility, franchise, or in any contract, are faithfully kept and performed;

7. To attend all meetings of the township board, with a right to participate in discussions,

but without the right to vote;

8. To be a member, ex officio, of all committees of the township board and planning commission;

9. To prepare and administer the annual budget under the policies formulated by the

township board and keep the board fully advised at all times as to the financial condition of the township;

10. To recommend to the township board for adoption such measures as he deems necessary

or expedient;

11. To be responsible to the township board for the efficient administration of all departments of the township;

12. To act as the purchasing agent for the township or, under his responsibility, delegate such

duties to some other employee;

13. To conduct all sales of personal property which the township board may authorize to be sold;

14. To assume all duties and responsibilities as personnel director of all township employees

or, under his responsibility, delegate such duties to some other employee; and,

15. To perform such other duties as may be prescribed by the laws of the State of Michigan, by township ordinance, or by direction of the township board, or which are not assigned to some other official in conformity with the laws of the State of Michigan.

FUTURE REVIEW: The aforementioned delineation of the delegation of certain tasks related to the statutory responsibilities of the office of township supervisor have been placed within this “Memorandum of Understanding” to assist the township in planning and executing the administrative tasks of the township. The supervisor will review this “Memorandum of Understanding” from time-to-time and may amend this document as deemed appropriate and necessary. Copies of this Memorandum of Understanding, along with any subsequent amendment, shall be provided to the township board and superintendent. Further, this Memorandum of Understanding should be reviewed every four years by the newly elected supervisor and either amended or reaffirmed.

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____________________ ____________________________________ Date Karl French, Township Supervisor

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Memorandum of Understanding Delineating the Delegation of Duties of the Grand Haven Charter Township Treasurer

PREAMBLE: The office of treasurer for a charter township is required to receive and take charge of all funds belong to the township or which are required by law to be paid into the township treasury, and to pay over and account for the funds according to law or township board decision. It is very important that the treasurer diligently maintains accurate records of all revenue and disbursements promptly deposit all receipts in township depositories and invest idle funds in property investments. The treasurer must notify the board if cash balances in any fund become overdrawn or if overdrawing appears imminent. The treasurer must, however, pay out funds on the order of the township board notwithstanding any disagreement concerning the disbursement, provided the disbursement is not clearly a mistake or illegal.

However, it is not physically possible for a treasurer and deputy treasurer to complete all of these tasks within a community the size and complexity of Grand Haven Charter Township. This situation is further exacerbated by the salary structure of the office of treasurer that does not envision the treasurer performing duties forty hours per week, fifty-two weeks per year. Therefore, to assist with the administrative operations for the township, the treasurer will delineate the delegation of certain statutorily assigned functions to other full-time and/or part-time employees of the township. It is understood that this assignment does not diminish the treasurer’s statutory responsibilities and that these duties may be assumed at the treasurer’s discretion at any time. STATUTORY RESPONSIBILITES AND DELEGATION OF CERTAIN TASKS: A. Appointment of Deputy Treasurer. The treasurer must appoint a deputy, who serves at the pleasure of the treasurer. In case of absence, sickness, death or other disability of the treasurer, the deputy possesses the powers and performs the duties of the treasurer, except that the deputy does not have a right to vote on the township board. The township board determines the salary and compensation of the deputy. (MCL 41.77 and MCL 211.111) The treasurer affirms that the deputy treasurer for Grand Haven Charter Township is Denise Chalifoux, the township Assessing Director. Further, it is noted that the Assessor reports to the superintendent for day-to-day supervision and administrative purposes.

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B. Safekeeping of Funds.

The treasurer must receive and take charge of monies belonging to the township, or that is required by law to be paid into the township treasurer’s hands by virtue of the office, and must properly credit all money paid out by the treasurer on the order of the proper township authorities. (MCL 41.65)

This tasks related to this statutory responsibility is shared with the deputy treasurer.

C. Provide list of depositories. The township treasurer shall provide a list of financial institutions authorized to receive deposit of township funds. This list shall be reviewed and approved, with or without amendment, by the township board on an annual basis. (MCL 41.77) The tasks related to this statutory responsibility are delegated to the deputy treasurer with the specific requirement that the proposed list of depositories be reviewed with the treasurer prior to forwarding to the board for action. D. Maintain Accounts. The treasurer shall keep an accurate account of the receipts and expenditures of township money in a manner that meets the uniform accounting requirements of the state treasurer. This system must reflect the amount of money belonging to each of the township’s funds and be available for public review. (MCL 41.78) The tasks related to this statutory responsibility are delegated to the deputy treasurer. E. Collects Taxes. The treasurer is the township’s agent for collecting taxes. With respect to the collection of property taxes, the treasurer is required, upon receiving the tax roll and warrant, to mail each taxpayer or their designated agent a statement showing the description, the assessed valuation, taxable value, state equalized valuation of the property taxed and the amount of the tax. (MCL 42.27 and MCL 211.44) A listing of the aspects of tax collection process are briefly listed as follows: The Treasurer shall remain in the office of the township treasurer at some convenient

place in the township from 9 a.m. to 5 p.m. to receive taxes on certain days specified by MCL 211.44(1) through (2).

In order to collect taxes, the treasurer must have a tax roll. (MCL 211.44) The tax roll lists each taxable property, the valuation of the property for tax purposes, the taxes levied against the property and the name and address of the most recent owner of the property.

The assessor is responsible for preparing the tax roll and delivering it to the treasurer.

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The tax roll may be a computerized data base tax roll provided the system is certified by the Department of Treasury (MCL 211.42a). It is noted that GHT’s BSA system is certified.

Upon receiving the tax roll, the treasurer proceeds to collect taxes from December 1st through the last day of February. (MCL 211.44) The treasurer must mail to each taxpayer a statement showing the description of the property, the taxable value of the property, and the amount of tax on the property.

The treasurer must give a receipt for every tax paid and must enter into the tax system the payment and date. (MCL 211.46(2)) Partial payment of taxes or special assessments is authorized. (MCL 211.53)

The treasurer must complete settlement with the county treasurer within 20 days after the time specified in the warrant. (MCL 211.54 and MCL 211.56)

The treasurer must complete the process defined in state law in order to forward the delinquent tax roll to the county treasurer. (MCL 211.55)

The treasurer must follow procedures to ensure the collection of delinquent personal property taxes. (MCL 211.41 through MCL 211.48 and MCL 211.56)

The treasurer must negotiate collecting the summer school tax with the school district, if requested. (MCL 211.51)

The treasurer is required to collect from the license of each mobile home a specific tax for each mobile home within the park. This tax must then be distributed to the township, county and school district pursuant to state law. (MCL 125.1042)

The tasks related to these statutory responsibilities are delegated to the deputy treasurer with the specific requirement that all completion dates, issues or problems be communicated to the treasurer. Moreover, if problems occur that require a choice among various alternatives, the treasurer must be consulted with and decide an appropriate courser of action. F. Sewer and Water Connection Fees. The township treasurer shall receive payments of sewer and water connection and tap-in fees, issue refunds and transfers to the general fund as provided by law. (MCL 41.335) The tasks related to this statutory responsibility are delegated to the deputy treasurer. G. Investment of Public Funds. The township board has authorized the treasurer by resolution to invest surplus funds belonging to and under control of the township. (MCL 129.91) Good cash management requires detailed records for the investments utilized. The tasks related to this statutory responsibility are shared with the deputy treasurer who will work with Assessing/Accounting staff to prepare a monthly detailed investment report for the Board. Further, the treasurer will ensure that the investments are made with lawful instruments, and that the instruments are appropriate given the specific cash flow requirements of the township. (Only those investments approved pursuant to subsection C are allowed.)

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Further, the township investment policy and selection of depositories will be reviewed on an annual basis by the treasurer. H. Issue Dog Licenses.

On or before December 1st of each year, the township treasurer must apply to the county

treasurer for dog license blanks and tags. In the manner prescribed by the county treasurer, the township treasurer must issue dog licenses and tags. No later than March 1st, the treasurer must return all unused tags and books from which the licenses have been issued that contain the information about each dog. (MCL 287.274)

The tasks related to this statutory responsibility are delegated to the deputy treasurer.

I. Reconciliation of Bank Statements. The treasurer shall reconcile the township’s bank statements with the collection records of the township. This reconciled bank account balance and all cash and investment balances should be reconciled to the general ledger balances maintained by the clerk on a monthly basis. (MCL 41.65 and MCL 41.78) The tasks related to this statutory responsibility are delegated to the deputy treasurer who will work closely with the director of accounting with the specific requirement that results of the aforementioned reconciled financial statements be provided to the treasurer. Further, reconciliation should be completed within thirty (30) days from the end of a month. If reconciliation is not completed within forty-five days from the end of a month, the deputy treasurer must specifically inform the treasurer, explain the reasons for the delay and provide a projected completion date. FUTURE REVIEW: The aforementioned delineation of the delegation of certain tasks related to the statutory responsibilities of the office of township treasurer have been placed within this “Memorandum of Understanding” to assist the township in planning and executing the administrative tasks of the township. The Treasurer will review this “Memorandum of Understanding” from time-to-time and may amend this document as deemed appropriate and necessary. Copies of this Memorandum of Understanding, along with any subsequent amendment, shall be provided to the township board, deputy treasurer and superintendent. Further, this Memorandum of Understanding should be reviewed every four years by the newly elected treasurer and either amended or reaffirmed. ____________________ ____________________________________ Date William Kieft III, Township Treasurer

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Memorandum of Understanding Delineating the Delegation of Duties of the

Grand Haven Charter Township Clerk PREAMBLE: The office of Clerk for a charter township has numerous statutorily assigned duties and responsibilities, most of which are administrative in nature. In addition to ancillary duties related to Township Board operations, Michigan law requires the township Clerk to carry out three major responsibilities, which include (1) township record keeping, (2) financial operations, and (3) elections. However, it is not physically possible for a Clerk and deputy Clerk to complete all of these tasks within a community the size and complexity of Grand Haven Charter Township. This situation is further exacerbated by the salary structure of the office of Clerk that does not envision the Clerk performing duties forty hours per week, fifty-two weeks per year. Therefore, to assist with the administrative operations for the township, the Clerk will delineate the delegation of certain statutorily assigned functions to other full-time and/or part-time employees of the township. It is understood that this assignment does not diminish the Clerk’s statutory responsibilities and that these duties may be assumed at the Clerk’s discretion at any time. STATUTORY RESPONSIBILITES AND DELEGATION OF CERTAIN TASKS: A. Custody of All Township Records. The Clerk shall have custody of all the records, books, and papers of the township, unless state law makes other provision. (MCL 41.65) This does not require the Clerk to have physical custody of every document since state law differentiates between having “custody” and “filing” records and papers. Rather, the Clerk can have custody of a record without that record being filed in the Clerk’s office. However, this statutory responsibility is far reaching and encompasses tasks as mundane as sorting and disseminating incoming mail. The Clerk hereby delegates the responsibility to file and categorize township documents to the township Superintendent, who has been appointed the Freedom of Information Act coordinator for the township. It is noted that the Superintendent may assign tasks related to this delegation to other staff as deemed necessary and appropriate. The Clerk hereby delegates the responsibility to receive and disseminate incoming mail to the township receptionist or, in the absence of the receptionist, to another employee designated by the Superintendent.

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B. Record and Maintains Township Meeting Minutes. The Clerk shall transcribe, in the book of records of the township, the minutes of each proceeding of every township board meeting, and shall enter into the minute book each order, direction or rule made by the township board. (MCL 41.66) This statutory responsibility and related duties are not delegated. C. Maintains the Township Book of Oaths. The township Clerk shall file and safely keep all certificates of oath and other papers required by law to be filed in the Clerk’s office. (MCL 41.65) This statutory responsibility and related duties are not delegated. D. Responsible for Special Meeting Notices. Upon call of the supervisor or board members pursuant to State Law, the township Clerk shall give notice of the time and place of a special meeting of the township board, as required by law. (MCL 41.72a or MCL 42.7) The Clerk hereby delegates this notification task to the deputy Clerk, who is currently a full-time employee of the township. E. Maintains the Township Ordinance Book. Within one week after the first publication of an ordinance, the Clerk shall record the ordinance in a book of ordinances. (MCL 41.185) The Clerk hereby delegates this task, along with the related publication requirements, to the deputy Clerk, who is currently a full-time employee of the township. F. Maintains the General Ledger. The Clerk records the revenues received and the expenditures paid out by the treasurer, and prepares and maintains the journals and ledgers necessary to reflect the assets, liabilities, fund equities, revenues and expenditures for each fund in the township. (MCL 41.65) The Clerk hereby delegates this task to the Director of Accounting, who will report on a day-to-day basis to the township Superintendent. This delegation is limited by the following:

1. The Clerk will meet as necessary with the Superintendent and financial staff to review the revenue/expenditure report, aged accounts, and other financial records,

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ask questions, raise concerns, discuss the fiscal implications and propose recommendations and plans.

2. The Clerk will communicate as is necessary with the Director of Accounting to ensure that the statutory duties delegated to the Director of Accounting are being completed.

3. The Clerk may make inquiries at any time regarding the financial records of the township in response to any queries or concerns.

G. Prepares warrants for township checks. The township Clerk must open and keep a separate account for each township fund, credit each fund with the amounts that properly belong to it, and charge each fund with warrants drawn on the township treasurer and payable from that fund. (MCL 41.65)

The Clerk hereby delegates this task to the Director of Accounting, who will report on a day-to-day basis to the township Superintendent. It is noted that this delegation of tasks related to the preparation of warrants for township checks includes payroll preparations. This delegation is limited by the following:

1. The Clerk shall review the invoice report and invoices prior to board meetings. 2. The Clerk may make inquiries at any time regarding the invoice report in

response to any queries or concerns. 3. The Clerk delegates to the Deputy Clerk the authority to sign all checks.

H. Prepares Financial Statements. The Clerk is responsible for the detailed accounting records of the township utilizing the uniform chart of accounts as prescribed by the state treasurer. (MCL 41.65)

The Clerk hereby delegates this task to the Director of Accounting, who will report on a day-to-day basis to the township Superintendent.

This delegation is limited by the following:

1. The Clerk shall meet with the township auditors, as appropriate and necessary, and shall participate in the management review of the audit prior to presentation to the full board.

2. The Clerk may make inquiries at any time regarding the audit process and/or progress in response to any queries or concerns.

I. Delivers Tax Certificates to Supervisor. The Clerk is required to deliver to the supervisor and county Clerk, on or before September 30th, a certified copy of all statements and certificates, including records of all

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resolutions and votes authorizing money to be raised by taxation and the aggregate amount to be levied for township, school, highway, drain and any other purpose. (MCL 211.36)

The Clerk hereby delegates this task to the Director of Assessing, who reports to the township Superintendent. This delegation is limited by the following:

1. The Clerk shall be provided an opportunity to review the necessary form and any

related documents. 2. The necessary form shall be signed by the Clerk. If the Clerk is absent and cannot

be reached prior to September 30th, the deputy Clerk shall execute the form and provide a copy for the Clerk’s review upon return.

J. Maintain Voter Registration Files and Conduct Elections. The township election commission, which consists of the Clerk and two trustees of the board, is in charge of all township elections. The Clerk is the chairperson of the election commission. (MCL 42.4) The Clerk hereby delegates the tasks associated with the maintenance of the voter registration file to the deputy Clerk, who may also work with a part-time elections Clerk. The Clerk hereby delegates the tasks associated with conducting township elections and following the numerous statutory provisions required to the deputy Clerk, who is currently a full-time employee of the township. This delegation is limited by the following: 1. The deputy Clerk shall send updates, by either phone or email, to the Clerk to

ensure that the Clerk can properly supervise the elections process. 3. The Clerk shall retain responsibility to establish the boundaries and determine the

size of the township precincts, working with and through the elections commission.

4. The Clerk shall retain sole responsibility for assessing the township’s voting equipment and recommending additional purchases to the township board.

5. The Clerk shall retain sole responsibility for proofing ballots. Moreover, the deputy Clerk shall inform the Clerk regarding the furnishing of election supplies prior to finalizing any order.

6. The deputy Clerk shall assist the Clerk by receiving the applications for election inspectors and preparing a list for the Clerk; the Clerk shall select proposed inspectors and bring to the Elections Commission for appointment.

K. Taking Office. The term of office for all township officials is four years. The terms commence at noon on November 20. To qualify for office, each member of the township board shall be certified by the board of canvassers and must take the oath of office any time between the election and

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January 1st. The Clerk shall ensure that the board members (or other appointed officials) take the necessary oath of office and that a bond is filed, in an amount and with sureties as required and approved by the township board. (MCL 41.69) This statutory responsibility and related duties are not delegated, unless the Clerk is not available in which case the Deputy Clerk may complete these duties. L. Appointing a deputy. The Clerk must appoint a deputy, who serves at the pleasure of the Clerk. In case of absence, sickness, death or other disability of the Clerk, the deputy possesses the powers and performs the duties of the Clerk, except that the deputy does not have a right to vote on the township board. The township board determines the salary and compensation of the deputy. (MCL 41.69) The Clerk affirms that the deputy Clerk for Grand Haven Charter Township is currently Kristi DeVerney. However, the day-to-day supervision of DeVerney is performed by the Director of Administrative Services (i.e., Suzanne Proksa). The Clerk shall discuss any performance concerns with Director of Administrative Services and vice-versa. FUTURE REVIEW: The aforementioned delineation of the delegation of certain tasks related to the statutory responsibilities of the office of township Clerk have been placed within this “Memorandum of Understanding” to assist the township in planning and executing the administrative tasks of the township. The Clerk will review this “Memorandum of Understanding” from time-to-time and may amend this document as deemed appropriate and necessary. Copies of this Memorandum of Understanding, along with any subsequent amendment, shall be provided to the township Board, deputy Clerk and Superintendent. Further, this Memorandum of Understanding should be reviewed after the General Presidential Election by the newly elected Clerk (or if a new Clerk is appointed) and either amended or reaffirmed. ____________________ ____________________________________ Date Laurie Larsen, Township Clerk

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Charter

oJ KalamazooBoard of Trustees Regular Meeting Agenda

October 26,2015

The "Eg LUeliIg" of the Board of Trustees of the Charter Township of Kalamazoo will be held at 7:30p.m., on Monday, October 26,2015, in the Charter Township of Kalamazoo Administrative Offices, 1720Riverview Drive, Kalamazoo, Michigan 49004-1099 for the purpose of discussing and acting on the below listeditems and any other business that may legally come before the Board of Trustees of the Charter Township ofKalamazoo.

1 - Call to Order

2 - Pledge of Allegiance

3 - RollCall of Board Members

4 - Addition/Deletions to Agenda (Rny member of the public, board, or staff may ask that any item of the consentagenda be removed and placed elsewhere on the agenda for full discussion. Such requests will be automatically respected.)

5 - Public Comment on Agenda and Non-agenda ltems (Each person may use three (3) minutes for remarks. lfyour remarks extend beyond the 3 minute time period, please provide your comments in writing and they will be distributed tothe board. The public comment period is for the Board to listen to your comments. Please begin your comments with yourname and address.)

6 - Consent Agenda (The purpose of the Consent Agenda is to expedite business by grouping non-controversial itemstogether to be dealt with in one Board Motion without discussion.)

Approval of:

A. Board of Trustees Work Group Meeting Minutes of October 12,2015B. Board of Trustees Regular Meeting Minutes of October 12,2015C. Board of Trustees Special Work Group Meeting Minutes of October 19, 2015D. Authorization for Board Members to attend MTA's, Writing, Adopting & Enforcing Ordinances

Workshop, on December 15, 2015in Frankenmuth, Ml as budgetedE. Authorization for Board Members to attend the 4th Annual Regional Organizing for Anti-Racism

Event on October 29,2015 in Kalamazoo, Ml as budgetedF. Payment of Bills in the amount of $58,012.47

Receipt of:

A. Treasurer's Report for September 2015B. Letter from U.S. Department of Justice regarding status of FY 2015 COPS Hiring Program

ApplicationC. Disability Network of Southwest Michigan October 2015 Newsletter

7 - Public HearingsA. Proposed 2016 Budget

8 - Unfinished BusinessA. None at this meeting

1720 Riverview DriveKalamazoo, Michigan 49004'1 099

Tele: (269) 381-8080Fax: (269) 381-3550

www.kalamazootownshiP.org

9 - New BusinessA. Kalamazoo Area Building Authority Budget Presentation

B. First reading of ResidentialWaste Single Hauler Mixed Waste Collection Ordinance

10 - ltems removed from Consent Agenda

{1 - Committee ReportsElection commission / street Light committee - clerk Thall

County Brownfield I KABA I Dispatch Authority - Treasurer Cochran

Metro Transit LAC / CCTA - Trustee Goodacre

Planning commission / Brownfield Redevelopment - Trustee Leuty

Fire Department / Public Media i Noxious weeds / Highway commissioner - Trustee Martin

Parks and Recreation / Zoning Board of Appeals - Trustee Miller

Police Dept. i Policy and Admin. / KATS / COG / KR\ AM/VC - Supervisor Reid

12 - AttorneY RePort

13 - Public Comments

{4 - Board Member Gomments

15 - Adiournment

Posted: October 23, 2015

mrt&tffidRonald E. Reid, SuPervisorCharter TownshiP of Kalamazoo

Karamazoo Township Board meetings are open to ail{r/ithout regard to race, color, national origin,.sex, or disability' lndividuals with disabilities requiring

speciar assistan"" .nurt "oni"a

ine rownsnip, giving five-uuiines" aays notice- by writing oi calling: Ronald Reid, charter Township of Kalamazoo*srp"*i."r,

rzzo iri,[rviJ* biire, kaumazbo, Mt +goo+-togg. Telephone: (269) 381-8083

CHARTER TOWNSHIP OF KALAMAZOO

BOARD OF TRUSTEES - WORK GROUP SESSION Monday, October 12, 2015

The Board of Trustees of the Charter Township of Kalamazoo held a Work Group

Session on Monday, October 12, 2015, at 5:30 p.m. in the Board Room of the Charter Township of Kalamazoo Administration Building, 1720 Riverview Drive, Kalamazoo, Michigan 49004-1099, for the purpose of discussing Work Session Agenda items, and any other business that may legally come before the Board of Trustees of the Charter Township of Kalamazoo, Kalamazoo County. PRESENT: Supervisor Ronald Reid, Clerk Donald Thall, Treasurer George Cochran,

Trustees, Pamela Brown Goodacre, Donald Martin, Mark Miller and Steven Leuty. ABSENT: None ALSO PRESENT: Administrative Sergeant Larry Haynor Supervisor Reid called the meeting to order at 5:30 p.m. Item 1 – DISCUSS PHONE SYSTEM UPGRADE Sergeant Larry Haynor presented the proposed voice over internet protocol (VOIP) phone system. There was considerable discussion on the proposed upgrade to the phone system. Work should be accomplished by the end of the year. Item 2 – DISCUSS IMPLEMENTATION OF NON-MOTORIZED TRANSPORTATION PLAN Trustee Leuty reviewed the Non-motorized Transportation Implementation plan, and responded to questions. Item 3 - PUBLIC COMMENT There was no public comment. Item 4 - ADJOURNMENT

Supervisor Reid moved to adjourn the Work Session at 7:15 p.m. Respectfully submitted, ____________________ Donald Z. Thall, Clerk, Charter Township of Kalamazoo

CHARTER TOWNSHIP OF KALAMAZOO - BOARD OF TRUSTEES – October 12, 2015 - Page 1 of 6

CHARTER TOWNSHIP OF KALAMAZOO BOARD OF TRUSTEES MEETING

October 12, 2015

The regular meeting of the Board of Trustees of the Charter Township of Kalamazoo, Kalamazoo County, was held at 7:30 p.m., Monday, October 12, 2015, at the Charter Township of Kalamazoo Administrative Offices, 1720 Riverview Drive, Kalamazoo, Michigan 49004-1099.

Item 1 CALL TO ORDER

Supervisor Reid called the meeting to order at 7:30 p.m.

Item 2 PLEDGE OF ALLEGIANCE Trustee Leuty led the Pledge of Allegiance.

Item 3 ROLL CALL OF BOARD MEMBERS All Board Members were present. Item 4 ADDITIONS AND DELETIONS TO 10/12/2015 AGENDA

There were no additions or deletions. Item 5 PUBLIC COMMENT ON AGENDA AND NON-AGENDA ITEMS Greg Stokes, 1507 Nassau Street, expressed concerns reference a single waste hauler. He also asked about the road maintenance plans in the Township of Kalamazoo. Kathleen Doornbos, 314 Solon Street, also voiced her concerns with the Township of Kalamazoo using a single waste hauler. Charlotte Mosher, 531 Stassen Ave; Ken Sower and Dianne Sower, 3826 N Westnedge Ave; Barbara Mahieu, 4118 N. Westnedge Ave, all shared concerns reference the business located at 3815 N. Westnedge, known as Quality Precast, as it impacts their nearby residential property. A petition and photographs were submitted to the Board for their review. Kathleen Doornbos, 314 Solon Street, spoke in favor of Charlotte Mosher’s concerns. Item 6 CONSENT AGENDA

Trustee Miller moved, seconded by Trustee Martin, to approve the consent agenda which included action on the following items: Approval of:

A. Board of Trustees Special Meeting Minutes of September 28, 2015 B. Board of Trustees Regular Meeting Minutes of September 28, 2015 C. Authorization for Board Members to attend MTA 2016 Annual Conference

and Expo in Detroit January 19-22, 2016 D. Authorization for Fire Chief Obreiter to attend National Fire Protection

Association Certified Fire Plans Examiner Class in Portage from November 2-5, 2015

E. Payment of Bills in the amount of $62,930.49 Receipt of:

A. Budget Report for September 2015 B. Fire Department Report for September 2015 C. Planning and Zoning Department Report for September 2015 D. Kalamazoo Area Building Authority Permit Reports for September 2015

CHARTER TOWNSHIP OF KALAMAZOO - BOARD OF TRUSTEES – October 12, 2015 - Page 2 of 6

E. Letter from the Michigan Commission of Law Enforcement Standards (MCOLES) stating the Kalamazoo Township Police Department met all of the MCOLES standards for which they were audited

F. Thank you letter from Kalamazoo Watershed Council regarding parking G. Citizen petition seeking relief from neighboring business

Motion carried. Item 7 PUBLIC HEARINGS There were no public hearings. Item 8 UNFINISHED BUSINESS There was no unfinished business. Item 9 NEW BUSINESS Item 9A CONSIDERATION OF REQUEST TO AUTHORIZE SUBDIVISION

AGREEMENT FOR LICENSED PICTOMETRY PRODUCTS WITH THE COUNTY OF KALAMAZOO

Treasurer Cochran moved, seconded by Trustee Martin, to approve the Authorized Subdivision Agreement for Licensed Pictometry Products with the County of Kalamazoo for a total amount of $3,375 paid over three (3) years; $1,125 year one (1), $1,125 year two (2), and $1,125 year three (3). Motion carried. Item 9B CONSIDERATION OF REQUEST TO APPROVE AGREEMENT BETWEEN

KALAMAZOO COMMUNITY MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES AND CHARTER TOWNSHIP OF KALAMAZOO

Attorney Seeber has reviewed and updated the Board on the proposed agreement between Kalamazoo Community Mental Health and Substance Abuse Service (KCMHSAS) and Charter Township of Kalamazoo. We have had prior contracts that provided staffing on an overtime basis in the Borgess Emergency Department, a pilot program. Due to the success of the program, Borgess and KCMHSAS asked if a full-time position could be developed. The new contract will staff the position at Borgess with a regularly scheduled officer assigned 40-hours per week versus on an overtime basis. The contract will also allow for a special 8-hour Youth Crisis Team Training for all our officers, a supplement to the 40-hour Crisis Team Training they have received in past years. Trustee Leuty moved, seconded by Trustee Goodacre, to approve the contract with the Kalamazoo Community Mental and Substance Abuse Service for services at Borgess Hospital and youth crisis training to expire September 30, 2016; and authorize the Supervisor to sign on behalf of the Township of Kalamazoo. Motion carried. Item 9C CONSIDERATION OF REQUEST TO CONFIRM THE HIRING OF ANDREW P.

HOWES AND DEREK A. THOMPSON AS POLICE OFFICERS Treasurer Cochran moved, seconded by Trustee Martin, to confirm the Supervisor’s offers of employment to Andrew P. Howes to start on October 13, 2015, at Police Officer step level 3; and to Derek A. Thompson to start on October 14, 2015, at Police Officer step level 1. Motion carried.

CHARTER TOWNSHIP OF KALAMAZOO - BOARD OF TRUSTEES – October 12, 2015 - Page 3 of 6

Item 9D CONSIDERATION OF REQUEST TO REJECT A QUOTE FOR DEMOLITION WORK AT 1431 SCHUSTER AVE AND AUTHORIZE SENDING UPDATED RFQS COMBINING 1431 SCHUSTER AND 1928 EGLESTON TO AN EXPANDED LIST OF BIDDERS

Requests for quotes were recently issued for the demolition of buildings at 1431 Schuster Avenue and 1928 Egleston Avenue. As of October 05, 2015, we received only one quote for the work at 1431 Schuster Avenue and no quotes for the 1928 Egleston Avenue location. Since the aforementioned date, the Township of Kalamazoo has obtained an updated list from the County Treasurer’s office, which includes several new, new to the township, demolition contractors to choose from.

Treasurer Cochran moved, seconded by Trustee Martin, to reject the quote received from Woolf Excavating, Inc. for the demolition work at 1431 Schuster Avenue; and authorizes sending updated RFQs combining the two locations in one quote package to the expanded bidders list. Motion carried. Item 9E REQUEST TO ESTABLISH PUBLIC HEARING ON PROPOSED 2016

BUDGET FOR OCTOBER 26, 2015

Trustee Goodacre moved, seconded by Trustee Miller, to establish a Public Hearing on the proposed 2016 budget for October 26, 2015, at 7:30 p.m. Item 9F CONSIDERATION OF REQUEST TO APPROVE CREDIT CARD USE

RESOLUTION Trustee Miller read the Resolution to Establish a Credit Card Use Policy. Trustee Miller moved, seconded by Trustee Goodacre, to adopt the Resolution to Establish a Credit Card Use Policy. Roll call vote: 7 – yes, 0 – no. Resolution adopted (see attached Resolution) Item 9G CONSIDERATION OF AUTHORIZATION FOR THE PROPOSED

IIMPLEMENTATION NON-MOTORIZED TRANSPORTATION MASTER PLAN Trustee Leuty reviewed the Township’s Non-motorized Transportation Implementation plan. Trustee Leuty moved, seconded by Trustee Goodacre, to authorize the implementation of the Township’s Non-motorized Transportation plan as budget allows and in accordance with the following prioritization plan:

Connect existing sidewalks to road crossings by installing ADA-compliant curb-cuts, particularly near schools, the Eastwood library branch, other public facilities, as well as primary roads and other predominate routes, including:

o Connect road crossings access to “downtown” Eastwood (Wilson Recreation Area, Eastwood library, Hardings Market)

o Connect road crossings access to Northeastern Elementary School o Connect road crossings access to King-Westwood Elementary School o Connect road crossings access to Northwood School

Construct and/or repair sidewalks along:

o Grand Prairie Road between Drake Road and Nichols Road o West side of Kendall Avenue between Santos Street and West Main Street o South side of M-43 between Sabin Street and Solon Street o Sunnyside Drive from East Main Street to M-43

CHARTER TOWNSHIP OF KALAMAZOO - BOARD OF TRUSTEES – October 12, 2015 - Page 4 of 6

o Gertrude Street from Wayside Street to Sunnyside Drive o Olmstead Road from Miller Drive to Lake Street o Nazareth Road from East Main Street to M-43 o East Side of Business Route I-94 from Lake Street to M-96

Establish Bike Routes

o North Drake Road from Grand Prairie Road to Ravine Road o East Main Street from City of Kalamazoo west limits to Nazareth Road o Bicycle Boulevards along the roads identified in the Non-motorized

Transportation Master Plan for the Eastwood and Westwood neighborhoods

Explore potential routes for neighborhoods to access the Kalamazoo River Valley

Trail Motion carried. Item 9H CONSIDERATION OF THE APPROVAL OF A PROPOSAL TO PROVIDE

PHONE SERVICES USING VOIP Supervisor Reid gave an overview of the proposed voice over internet protocol (VOIP) service. After thoroughly researching and receiving several bids, Administrative Sergeant Larry Haynor is recommending a particular combination of equipment and services. The change in phone line service provides an approximately 3-year payback. The equipment and services include: Services from Spectrum Business for a 12 line fractional Primary Rate Interface (PRI) with 30 direct in dial (DID) lines and 2,500 long distance minutes per month for a total monthly cost of $303.00. DBIXIT to provide equipment installation, training, licensing purchase, and coordination at a cost of $8,379.00 with a yearly recurring cost of $650.00. Purchase of equipment as recommended by DBIXIT as follows: 1 - Dell Power Edge R520 rackmount Xeon/32GB/2TB Raid 1/Redundant 350wps/W2012R@ $7,000.00 34 - Cisco SPA514G – 4 Line Gigabit IP phones $4,250.00 6 - Cisco SPS525G2 – 4 Line Gigabit IP phones $1,457.94 4 - Cisco SPA500DS Phone Expansion modules $ 480.00 1 - Patton Smartnode E1/T1 Gateway $1,995.00 1 - Tripp-Lite UPS Rackmount 1500VA $ 275.00

TOTAL $15,457.94 Costs to consolidate the servers to one location including server rack, cabling, and air

conditioning at an approximate cost of $1,150.00

Treasurer Cochran moved, seconded by Trustee Goodacre, to approve Administrative Sergeant Larry Haynor’s recommendation for purchases and services from Spectrum Business as well as equipment installation, training, and licensing purchase from DBIXIT for a total project cost of $25,000.00.

CHARTER TOWNSHIP OF KALAMAZOO - BOARD OF TRUSTEES – October 12, 2015 - Page 5 of 6

Item 10 ITEMS REMOVED FROM CONSENT AGENDA No items were removed from the consent agenda. Item 11 COMMITTEE REPORTS Clerk Thall reminded voters who normally vote at Precinct 1, Lakewood Fire Station, they will (for this November 03, 2015, election only) vote at Precinct 10, Eastwood Fire Station; and voters who vote at Precinct 3, King-Westwood Elementary, will vote at Precinct 5, Westwood Fire Station. Treasurer Cochran gave an update on the search for an Executive Director for the Kalamazoo County Consolidated Dispatch Authority. Trustee Goodacre reported that the Central County Transportation Authority (CCTA) is close to finalizing the Comprehensive Transfer Agreement (CTA). Trustee Leuty reported that topics of discussion at the Planning Commission Meeting included the Special Joint Meeting from September 09, 2015, and the Kalamazoo Township chicken ordinance. Trustee Martin reported that between 400 and 500 people attended the Eastwood Fire Station’s 75th Anniversary Celebration. He also said that Public Media Network will shut down the studios to install new updated equipment. Finally, he announced the roadwork in the Township of Kalamazoo is wrapping up for the year. Trustee Miller said that on October 03, 2015, 6 volunteers helped with planting and weeding at Scheid Park. Item 12 ATTORNEY’S REPORT

Township Attorney Seeber reported that there are some Medical Marijuana bills that are moving through the Michigan House and Senate focusing on dispensaries. Also, she updated the Board on a recent Supreme Court case on new signs and content-based regulation.

Item 13 AUDIENCE COMMENTS

Kathleen Doornbos, 314 Solon Street, inquired about franchise fees in the Township; and also commented on the quality of the televised Board Meetings.

Ken Sower, 3826 N Westnedge Avenue, asked about sidewalk maintenance

responsibility in the Township of Kalamazoo. Item 14 BOARD MEMBER COMMENTS Trustees Martin said that the Township of Kalamazoo does have a sidewalk ordinance and it is up to the homeowners to maintain the sidewalks, that the Board is also addressing sidewalk issues. He also commented that Public Media Network (PMN) is in the process of changing equipment to High Definition new equipment. Trustee Miller informed the audience that township residents would not be required to receive garbage service; the bill would not be added to property taxes; and that the Board will seek proposals and competitive bids. He also noted that if a single hauler does not save money for the township residents, he will not support the change. Trustee Goodacre commented on the activities and the success of the Eastwood Fire Station’s 75th Anniversary Celebration.

CHARTER TOWNSHIP OF KALAMAZOO - BOARD OF TRUSTEES – October 12, 2015 - Page 6 of 6

Trustee Leuty reported that he, along with Supervisor Reid, members from the Township Police and Fire Department, along with representatives from many other organizations participated in a special program called “Walk this Way”. This program teaches kids about safely walking to school. Treasurer Cochran reminded township residents that the Township of Kalamazoo does have a program that will pay 50% of the cost to repair and replace sidewalks, up to $500.00. The Sidewalk Replacement application can be picked up at the Charter Township of Kalamazoo and can be found on the township’s website. He also said that the Board is working toward improving the housing stock in the Township of Kalamazoo, as well as working on a road maintenance program. Supervisor Reid thanked the audience and informed the citizens with the petition regarding Quality Precast that he will follow up. He also shared that at the Eastwood Fire Station’s 75th Anniversary Celebration, Chair of the Kalamazoo County Board, John Taylor, presented the Eastwood Fire Station with a State of Michigan Special Tribute Award on behalf of State Representative John Hoadley, State Senator Margaret O’Brien, and Governor Rick Snyder. Item 15 ADJOURNMENT

There being no further business to come before the Board, the meeting was

adjourned at 9:05 p.m. BOARD MEMBERS PRESENT: Respectfully submitted, Supervisor Ronald E. Reid Clerk Donald Z. Thall Treasurer George E. Cochran Trustee Pamela Brown Goodacre Trustee Steven C. Leuty Trustee Donald D. Martin Trustee Mark E. Miller __________________________ Donald Z. Thall, Clerk

ABSENT:

Attested to by,

ALSO PRESENT: Attorney Seeber ___________________________ Ronald E. Reid, Supervisor

CHARTER TOWNSHIP OF KALAMAZOO BOARD OF TRUSTEES – SPECIAL MEETING

Monday, October 19, 2015, at 4:30 p.m.

The Board of Trustees of the Charter Township of Kalamazoo held a Special Meeting

on Monday, October 19, 2015, at 4:30 p.m. in the Board Room of the Charter Township of Kalamazoo Administration Building, 1720 Riverview Drive, Kalamazoo, Michigan 49004-1099, for the purpose of discussing the items on the Special Meeting Agenda, and any other business that may legally come before the Board of Trustees of the Charter Township of Kalamazoo, Kalamazoo County. PRESENT: Supervisor Ronald Reid, Clerk Donald Thall, Trustees Pamela Brown Goodacre,

Mark Miller, Steven Leuty and Donald Martin ABSENT: Treasurer George Cochran ALSO PRESENT: Best Way Disposal Sales Manager Steve Graffenius, Fire Chief David

Obreiter, Deputy Fire Chief Michael Weidemann, and Township Attorney Roxanne Seeber

Supervisor Reid opened the meeting at 4:30 p.m. Item 1 - DISCUSSION REGARDING SINGLE WASTE HAULER CONCEPT The Township Board discussed the single waste hauler RFP, contract, and proposed ordinance. They also discussed the following timeline: proposals are due by November 23, 2015; contract awarded by December 28, 2015; and the contract term to start on April 01, 2016. Legal counsel informed the Board that is was permissible to have a single franchised hauler for solid waste removal. Item 2 - PUBLIC COMMENT Best Way Disposal Sales Manager, Steve Graffenius, responded to general questions from the Board reference the single hauler in the Township of Kalamazoo. Item 3 – REVIEW OF 2016 BUDGET Fire Chief Obreiter and Deputy Fire Chief Weidemann gave an overview of the 2016 fire budget. A few of the budget items discussed include: a capital project to replace the standby generators at approximately $30,000 each; training of firefighters; and that the fire department received a FEMA (Federal Emergency Management Agency) Grant to assist in replacing SCBA’s (Self-Contained Breathing Apparatus) for approximately $268,000. Item 4 - ADJOURNMENT

Supervisor Reid moved to adjourn the meeting at 7:35 p.m. Respectfully submitted, ____________________ Donald Z. Thall, Clerk, Charter Township of Kalamazoo

CHARTER TOWNSHIP OF KALAMAZOO KALAMAZOO COUNTY, MICHIGAN

NOTICE OF GENERAL BUDGET AND CHARTER MILLAGE HEARINGS

FOR THE 2016 CALENDAR YEAR TO: The residents and property owners of the Charter Township of Kalamazoo, Kalamazoo County, Michigan, and all other interested persons. PLEASE TAKE NOTICE that the Township Board of the Charter Township of Kalamazoo has estimated that the total cost and expenses of the general operation of the Township, including fire and police protection service and equipment therefor, recreation, and other general operations and capital expenditures for the 2016 calendar year of the Township will be $8,036,714. A summary of the foregoing by categories is as follows: Legislative $ 80,985 General Government $ 1,726,800 Public Safety $ 5,993,429 Public Benefit $ 223,500 Capital Outlay $ 12,000 PLEASE TAKE FURTHER NOTICE the total anticipated revenues of the Township including millage of 8.9691 mills, Public Act 198 facilities taxes, state shared revenues, mobile home taxes and miscellaneous fees, fines and other revenues for use in funding the general fund budget totals an estimated $7,760,612 PLEASE TAKE FURTHER NOTICE that the Township Board will conduct public hearings at the Kalamazoo Charter Township Hall, 1720 Riverview Drive on Monday, October 26, 2015, commencing at 7:30 p.m. on the budget for the foregoing estimated costs, expenses and capital charges and on the proposed levy of 8.9691 mills within the charter millage previously approved by the electorate and reduced by required millage rollback to the foregoing figure.

PLEASE TAKE FURTHER NOTICE THAT THE PROPERTY TAX MILLAGE RATE PROPOSED TO BE LEVIED TO SUPPORT THE PROPOSED BUDGET WILL BE A SUBJECT OF THIS HEARING.

PLEASE TAKE FURTHER NOTICE that a copy of the proposed budget will be on file at the office of the Township Clerk at the Township Hall and available for public inspection during regular office hours of regular business days, from and after the publication of this notice, and until and including the day of said hearing and will be available at said hearing. PLEASE TAKE FURTHER NOTICE that Kalamazoo Charter Township will provide necessary, reasonable auxiliary aids and services for examination of the aforesaid budget prior to the hearing as well as at said hearing upon reasonable notice to the Kalamazoo Township Clerk of the need for the same at least three business days prior to such need. Individuals with disabilities requiring auxiliary aids or services should contact the office of the Township Clerk by writing or calling the undersigned Clerk.

All interested persons are invited to be present at the aforesaid time and place to participate in the discussion upon the proposed budget and the levying of the suggested millage. KALAMAZOO CHARTER TOWNSHIP Donald Z. Thall, Clerk 1720 Riverview Drive Kalamazoo, MI 49004 269-381-8080

Proposed 2016 Kalamazoo Charter Township Budget

14 Oct 2015

2012 2013 2014 2015 Activity 2015 2016 Percent

Actual Actual Actual AMENDED thru Percent Proposed change from

GL NUMBER DESCRIPTION BUDGET Sept 2015 Recd/Spent Budget 2016 Budget

Summary Budget Report by Cost CenterFund 101 - GENERAL

TOTAL Revenues 6,743,113.75 6,579,614.92 6,633,699.64 6,644,750.00 5,702,152.04 85.81% 6,712,374.00 1.02%

Total Dept 000 - DEBT SERVICE - 18,577.67 18,577.66 - - - - -

Total Dept 101-LEGISLATIVE 78,748.94 96,730.23 72,476.13 80,985.00 56,457.13 69.71% 80,985.00 0.00%

Total Dept 171-SUPERVISOR 146,179.13 137,356.39 80,860.23 82,050.00 59,851.77 72.95% 82,050.00 0.00%

Total Dept 191-ELECTION 58,973.67 8,654.83 47,269.55 35,400.00 58,250.12 164.55% 64,200.00 81.36%

Total Dept 200-GENERAL SERVICES ADMIN 338,703.14 362,830.62 531,171.21 624,000.00 416,969.68 66.82% 624,000.00 0.00%

Total Dept 209-ASSESSOR 252,029.61 214,036.49 178,705.39 203,400.00 136,205.96 66.96% 208,150.00 2.34%

Total Dept 215-CLERK 164,199.77 130,083.88 178,757.18 179,700.00 122,153.59 67.98% 179,700.00 0.00%

Total Dept 253-TREASURER 228,098.13 213,111.09 151,464.06 158,400.00 116,018.80 73.24% 158,400.00 0.00%

Total Dept 258-DATA PROCESSING 123,088.24 77,209.69 12,421.66 - - 0.00% - 0.00%

Total Dept 265-MAINTENANCE 222,600.83 218,104.32 246,680.71 245,650.00 184,968.40 75.30% 246,650.00 0.41%

Total Dept 276-CEMETERY 23,038.84 20,763.19 23,336.24 21,350.00 16,628.08 77.88% 21,350.00 0.00%

Total Dept 310-ENFORCEMENT - - 35,824.56 40,650.00 73,169.89 180.00% 40,650.00 0.00%

Total Dept 371-BUILDING INSPECTIONS - 6,613.12 - - - 0.00% - 0.00%

Total Dept 400-PLANNING/ZONING 57,180.40 74,028.59 72,136.10 87,650.00 50,053.72 57.11% 101,650.00 15.97%

Total Dept 425-EMERGENCY PREPAREDNESS - - 50,164.16 2,000.00 - 0.00% 2,000.00 0.00%

Total Dept 439-OTHER PUBLIC SAFETY (1,918.44) (1,918.44) (2,398.05) (2,000.00) (1,918.44) 95.92% (2,000.00) 0.00%

Total Dept 446-STREETS - 154,832.74 216,667.75 225,000.00 156,966.27 69.76% 215,000.00 -4.44%

Total Dept 751-RECREATION 6,842.85 3,859.10 5,962.96 5,500.00 4,097.31 74.50% 8,500.00 54.55%

Total Dept 890-CONTINGENCY - - - 10,000.00 - 0.00% - 0.00%

Total Dept 901-CAPITAL OUTLAY_GENERAL 6,683.75 32,962.64 6,938.30 20,000.00 4,791.41 23.96% 12,000.00 -40.00%

Total Dept 999-CATCH ALL - - 0.00% - 0.00%

TOTAL Expenditures 1,704,448.86 1,767,836.15 1,927,015.80 2,019,735.00 1,454,663.69 72.02% 2,043,285.00 1.17%

Fund 206 - FIRE

TOTAL Revenues 1,000.81 0.00 0.00 0.00 0.00 0.00 0.00 0.00

Total Expenditures 1,221,565.04 1,220,560.81 1,358,503.40 1,509,850.00 1,045,542.84 69.25% 1,500,250.00 -0.64%

Net of Rev & Expenditures (1,220,564.23) (1,220,560.81) (1,358,503.40) (1,509,850.00) (1,045,542.84) (1,500,250.00)

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Proposed 2016 Kalamazoo Charter Township Budget

14 Oct 2015

2012 2013 2014 2015 Activity 2015 2016 Percent

Actual Actual Actual AMENDED thru Percent Proposed change from

GL NUMBER DESCRIPTION BUDGET Sept 2015 Recd/Spent Budget 2016 Budget

Fund 207 - POLICE

TOTAL Revenues 849,486.91 1,066,039.11 1,193,096.59 1,029,325.00 1,043,859.32 101.41% 1,048,238.00 1.84%

Total Expenditures 4,176,476.34 3,973,780.49 4,230,151.86 4,500,925.00 3,090,713.89 68.67% 4,501,179.00 0.01%

Net of Rev & Expenditures (3,326,989.43) (2,907,741.38) (3,037,055.27) (3,471,600.00) (2,046,854.57) (3,452,941.00)

Funds 101, 206 & 207 (General, Fire & Police Funds)

TOTAL Revenues 7,593,601.47 7,645,654.03 7,826,796.23 7,674,075.00 6,746,011.36 69.56% 7,760,612.00 1.13%

Total Expenditures 7,102,490.24 6,962,177.45 7,515,671.06 8,030,510.00 5,590,920.42 72.78% 8,044,714.00 0.18%

Net of Rev & Expenditures 491,111.23 683,476.58 311,125.17 (356,435.00) 1,155,090.94 (284,102.00)

Fund 211 - Park/Recreation

TOTAL Revenues 0.00 0.00 0.00 0.00 0.00 #DIV/0! 0.00 #DIV/0!

Total Expenditures 7,860.00 1,215.00 0.00 3,000.00 0.00 0.00% 0.00 -100.00%

Net of Rev & Expenditures (7,860.00) (1,215.00) 0.00 (3,000.00) 0.00 0.00

Fund 219 - Street Lighting

TOTAL Revenues 284,143.86 271,729.26 269,809.63 205,975.00 229,299.85 111.32% 209,072.00 1.50%

Total Expenditures 246,957.24 201,779.20 240,278.24 245,000.00 170,018.78 69.40% 250,000.00 2.04%

Net of Rev & Expenditures 37,186.62 69,950.06 29,531.39 (39,025.00) 59,281.07 (40,928.00)

Fund 226 - Recycling/Rubbish Collection

TOTAL Revenues 346,989.24 389,529.18 405,007.68 428,760.00 429,174.04 100.10% 428,760.00 0.00%

Total Expenditures 380,175.94 389,529.18 405,007.64 415,000.00 311,102.93 74.96% 425,000.00 2.41%

Net of Rev & Expenditures (33,186.70) 0.00 0.04 13,760.00 118,071.11 3,760.00

Fund 265 - Drug Enforcement

TOTAL Revenues 2,797.00 5,901.95 16,695.00 0.00 6,775.00 #DIV/0! 1,500.00 #DIV/0!

Total Expenditures 8,036.81 0.00 0.00 0.00 219.91 #DIV/0! 0.00 #DIV/0!

Net of Rev & Expenditures (5,239.81) 5,901.95 16,695.00 0.00 6,555.09 1,500.00

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Proposed 2016 Kalamazoo Charter Township Budget

14 Oct 2015

2012 2013 2014 2015 Activity 2015 2016 Percent

Actual Actual Actual AMENDED thru Percent Proposed change from

GL NUMBER DESCRIPTION BUDGET Sept 2015 Recd/Spent Budget 2016 Budget

Fund 266 - Police Training

TOTAL Revenues 5,274.36 5,416.04 5,558.72 13,000.00 2,894.70 22.27% 19,500.00 50.00%

Total Expenditures 0.00 13,100.38 15,096.12 18,000.00 10,860.92 60.34% 19,500.00 8.33%

Net of Rev & Expenditures 5,274.36 (7,684.34) (9,537.40) (5,000.00) (7,966.22) 0.00

Fund 270 - 911 Wireless

TOTAL Revenues 47,165.20 50,876.97 148,144.95 44,000.00 136,366.01 309.92% 44,000.00 0.00%

Total Expenditures 162,917.74 84,039.00 173,548.45 63,000.00 8,290.39 13.16% 9,500.00 -84.92%

Net of Rev & Expenditures (115,752.54) (33,162.03) (25,403.50) (19,000.00) 128,075.62 34,500.00

Fund 301 - Road Debt Service (VOTED BOND)

TOTAL Revenues 0.00 #DIV/0! 0.00 #DIV/0!

Total Expenditures 2,966,936.90 #DIV/0! 3,245,000.00 #DIV/0!

Net of Rev & Expenditures (2,966,936.90) (3,245,000.00)

Fund 810 - Police Captal Improvement

TOTAL Revenues 268,078.23 280,661.71 260,430.96 254,533.95 115,196.24 45.26% 232,302.00 -8.73%

Total Expenditures 221,943.61 150,078.53 275,988.21 228,860.88 102,595.23 44.83% 324,967.00 41.99%

Net of Rev & Expenditures 46,134.62 130,583.18 (15,557.25) 25,673.07 12,601.01 (92,665.00)

Fund 811 - Fire Captal Improvement

TOTAL Revenues 462,619.90 506,011.15 441,945.88 384,228.00 8,125.29 2.11% 387,170.00 0.77%

Total Expenditures 286,058.38 397,754.52 332,835.25 295,000.00 349,213.89 118.38% 295,000.00 0.00%

Net of Rev & Expenditures 176,561.52 108,256.63 109,110.63 89,228.00 (341,088.60) 92,170.00

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CHARTER TOWNSHIP OF KALAMAZOO KALAMAZOO COUNTY, MICHIGAN

ORDINANCE NO.

RESIDENTIAL WASTE SINGLE HAULER

MIXED WASTE COLLECTION ORDINANCE

ADOPTED:_________________ EFFECTIVE:_______________________

An ordinance to protect the public health, safety, and general welfare of persons and property within Kalamazoo Township by controlling and regulating the deposit of rubbish and debris for collection within the Township by the Township or its duly authorized contract haulers; to provide penalties for the violation thereof; and to repeal all ordinances or parts of ordinances in conflict therewith.

SECTION I NAME

This Ordinance shall hereafter be known and cited as the Kalamazoo Township Residential Waste Single Hauler Ordinance.

SECTION II PURPOSE

The purpose of this Ordinance is to protect the public health and welfare by ensuring the timely and lawful collection of garbage, trash, solid waste and optionally, yard waste, from owners, occupants of private property with residential use within the Township, and to implement policies and procedures in support thereof. The Township Board has determined that a single hauler waste collection and disposal program for residential dwelling units will protect the public health, safety and welfare and be in the best interests of the Township. In order to facilitate the implementation of such program, the Township shall select such waste hauler on a sealed competitive bid basis and award the selected waste hauler the exclusive designation of “Designated Waste Hauler for the Charter Township of Kalamazoo” for the single hauler waste collection and disposal program. The waste hauler shall have the demonstrated ability and capacity to provide a high level of quality service.

The purpose of this ordinance is separate from the Township’s Household Hazardous Waste, Solid Waste and Curbside Recycling program, which was created pursuant to vote of the electorate on August 9, 1990; the services of which are supported by special assessment.

SECTION III FINDINGS AND AUTHORITY

The Township Board finds that it is mandated by Part 115 of the Natural Resources and Environmental Protection Act (Act 451 of the Public Acts of 1994) being MCL 324.11901 et seq to assure that solid waste is removed from the site of generation thereof frequently enough to protect the public health; authorizes

10-20-15 DRAFT

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the Township to enter into a contract for a waste management project requiring all residential waste subject to its jurisdiction to be disposed of in accordance with a waste disposal project; and to authorize its contractor to collect rates and charges against users and beneficiaries of the waste management program. This Ordinance is enacted pursuant to the aforesaid authority and that of Act 359 of 1947, being MCL 42.21 et seq, as amended.

Accordingly, the Township Board finds that the most efficient method for assuring that residential waste and refuse removal from residential dwelling units in the Township is most effectively accomplished by the Township entering into a single waste hauler contract to provide residential waste and refuse collection and removal services for residential dwelling units.

The Township Board of the Charter Township of Kalamazoo furthermore finds that a reduction in the number of trips engendered by the use of multiple garbage haulers will protect the public health, safety, and welfare by allowing for greater visibility of pedestrians and schoolchildren during collections hours and by reducing the wear-and-tear on roads and streets within the Township.

The Township Board of the Charter Township of Kalamazoo further finds that the use of a single designated hauler for residential mixed waste services results in the overall reduction in the costs of such service to the Township residents.

SECTION IV DEFINITIONS

The following words, terms and phrases as used in this Ordinance shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Curbside collection means the collection of solid waste which has been placed for pickup in appropriate solid waste receptacles at the side of a public or private road adjacent to the abutting private property.

Designated Waste Hauler means the person or entity awarded a contract by the Township to engage in the business of collecting residential mixed waste and refuse and, optionally, yard waste from residential dwelling units within the Township and designated as the hauling, transporting and disposing provider for residential properties within the Township.

Garbage means rejected food wastes, including waste accumulation of animal, fruit or vegetable matter used or intended for food or that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit and/or vegetables.

Household Hazardous Waste, Solid Waste and Curbside Recycling Program shall mean the Charter Township of Kalamazoo’s existing curbside recycling, bi-annual solid waste and household hazardous waste program, supported by a Special Assessment on the benefitted properties to fund the payment of the costs thereof. The Township separately contracts with a waste hauler for the removal of the recycled items and bi-annual solid waste. Household hazardous waste, while supported by such Special Assessment, must be delivered to the County’s Household Hazardous Waste Collection Center. The

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designated waste hauler may or may not be the same as that designated as the Township Waste Hauler in accordance with this Ordinance.

Mixed Waste shall mean a mixture of solid waste, refuse, rubbish, and garbage generated by a residential dwelling unit.

Person shall mean any individual, firm, owner, occupant, tenant, corporation, partnership, limited liability company, association or joint venture responsible for the residential dwelling unit.

Refuse means non-putrescible solid waste, excluding ashes, consisting of both combustible and noncombustible waste, including paper, cardboard, metal containers, wood, bedding, remnants of building projects, materials or litter of any kind that may be a detriment to the public health and safety.

Residential dwelling unit shall mean all structures, buildings, premises and or realty utilized for single- family residential dwelling purposes and for a combined total of up to four (4) attached single family residential dwelling units (i.e. two-family (duplex); three-family (tri-plex) and four-family (quadriplex)). “Residential dwelling unit” shall not include apartment buildings, mobile home parks, or multiple-family attached dwelling units greater than four (4) in number.

Rubbish shall mean waste paper, household plastic, empty tin cans and glass containers, wood or wood products under three inches (3”) in diameter and three feet (3’) in length, paper products, books, magazines, glass, crockery, stone, concrete and similar materials.

Solid waste means garbage, refuse, rubbish, ashes, incinerator ash, incinerator residue; but does not include human body waste, liquid or other waste regulated by statute, such as medical waste, hazardous waste and/or industrial waste.

Solid waste hauler means a person who owns or operates a solid waste transporting unit.

Solid waste transporting unit means a container which may be an integral part of a truck or other piece of equipment used for the transportation of solid waste.

Township shall mean the Charter Township of Kalamazoo, Kalamazoo County, Michigan.

Yard waste means leaves, grass clippings, brush, garden waste, wood debris (i.e. twigs, branches, pruning remnants) the collection of which shall be offered as an optional weekly collection service by the Township’s Designated Waste Hauler for an extra fee.

SECTION V SELECTION OF DESIGNATED WASTE HAULER

1. Bidding. A sealed competitive bid procedure shall be utilized for the selection of the Township

Designated Waste Hauler. The Township Board shall develop and approve the bid specifications. The Board may include in the bid specifications those requirements, conditions and specifications

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determined by the Board to be reasonably related to promoting the public health, safety, and welfare; such as but not limited to: providing appropriate and cost-effective services to residential dwelling units; the rates and charges for the services of the authorized waste hauler for residential dwelling units; procedures for the collection of charges for the service; the submission of reports describing the volume of mixed waste generated and hauled; the submission of reports to the Township for the determination of the efficiency and effectiveness of the Township Single Waste Hauler program; provisions for termination of the Township of the Designated Waste Hauler in the event of the failure of performance by the waste hauler; operational specifications of the waste hauler for collection trucks and equipment, number of employees, maintenance facilities, container handling and provision; schedules and routes and for the handling of citizen complaints; a requirement that the waste hauler secure and maintain in good standing all permits and licenses required by federal and state law, local ordinance and all other regulations pertinent to their operation; and other miscellaneous requirements.

2. Contract. The Township Board shall be permitted to enter into a contract with the Designated Waste Hauler for such terms as the board may determine, but not to exceed in any instance five years excluding any Township Board-approved extensions of the contract.

3. Bond and insurance.

(A) The Designated Waste Hauler entering into a contract with the Township for the collection and disposal of solid waste shall furnish the Township with a performance bond in an amount established by the Township Board and in such form as may be approved by the township attorney, which bond shall be signed by an approved corporate surety authorized to do business in this state and which bond shall be conditioned on the satisfactory performance of all obligations assumed under the contract, and further conditioned on the due observance during the term of the contract of all laws of the state or ordinances of the Township and all legal rights of all persons who are served by or injured by the contractor.

(B) The Designated Waste Hauler shall procure and maintain, during the life of the contract, owner's and contractor's protective public liability and property damage insurance, in the name of the Township, in an amount not less than $1,000,000.00, for injuries, including accidental death, to each person; and subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of each accident, and $1,000,000.00 aggregate for damage to property. Such insurance shall include motor vehicle exposure and specific coverage, by endorsement, as required by the Township Supervisor. Certificates of insurance shall be deposited with the Township Clerk indicating this coverage prior to the execution of the contract.

(C) The Township may require the Designated Waste Hauler to provide other bonds and insurance, including workers' compensation insurance, to assure the Township that the obligations of the contractor will be sufficiently performed and/or discharged and to protect the Township in the event that they are not.

4. Transfer or subletting. No contract issued to, granted to or entered into with the Township as Designated Waste Hauler shall be transferable, assignable or sublet without the express permission of the Township Board in the form of a resolution, unless otherwise provided in the contract.

5. Frequency of collection. Except as otherwise provided in this article and other ordinances, and except in the case of an emergency arising from an act of God or under circumstances over Designated Waste Hauler has or had no control, solid waste shall be collected, removed and disposed

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of no less frequently than once each week from residential dwelling units within the Township by the Designated Waste Hauler.

6. Designation of Waste Hauler. The selection of the Designated Waste Hauler shall be made under a sealed competitive bid process as shall be outlined more specifically in the Request for Proposal (RFP) and shall be memorialized in a contract which shall be acceptable to the Township Board and the Waste Hauler echoing as nearly as possible the provisions of the Request for Proposal and the selected contractor’s response to the same. The submitted bids will be evaluated and selection made by the Township Board. The contract will be awarded by the Township Board to a responsible contractor whose bids, conforming to the request for proposal, will be most advantageous to the Township with price and other factors taken into consideration. The Township Board is authorized to negotiate final service and price terms and to conduct interviews of the bidders. The criteria used to evaluate all bids shall be as follows:

A. General qualifications and experience of the contractor as related to the performance of the contract.

B. The total cost to accomplish the program.

C. Any additional benefits to be furnished the Township and/or its residents.

D. The Township Board is permitted to waive or reject any or all bids and to select a firm with which to contract for the provision of residential mixed waste collection and disposal and optional weekly yard waste collection and disposal on the basis of all relevant factors.

The Township Board shall identify, by resolution, the Residential Waste Hauler subsequent to the bid opening, which identification shall be subject to the signing of a contract with the identified waste hauler echoing the terms of the Request for Proposal or incorporating such terms by reference therein.

7. Scope of Services. The Designated Waste Hauler shall provide curbside collection, transportation and

disposal services for all residential mixed waste and optional weekly yard waste generated within the boundaries of the Township. Collection shall be conducted on a five-day per week schedule, Monday through Friday unless service in interrupted by an approved holiday, in which case collection may be extended to Saturday. The Contractor shall not be allowed to make Sunday collections.

Residential mixed waste collection is for the weekly collection of residential mixed waste as defined by this Ordinance, the transportation and disposal of the same. Optional weekly yard waste collection is for the exercise, by an owner or occupant of a residential mixed waste producer for the weekly collection of yard waste, as defined herein, for an additional fee for the months of April through November of each year. Curbside collection of residential mixed waste and optional yard waste shall be made weekly in a contractor-provided, variable-sized (small, medium or large) garbage containers. The cost of collection, transportation and disposal of the residential mixed waste and optional yard waste contained therein shall be progressive, with the cost for the smallest container being less than the cost of a larger container. The volume of mixed waste and yard waste to be collected will be limited to the capacity of the container with the lid closed.

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The Designated Waste Hauler will bill and collect fees directly from the owners/occupants of residential dwelling units from which the mixed waste (and optional yard waste) is produced. Bills for such services shall be made quarterly, prior to the service being made. The Designated Waste Hauler shall also provide an annual billing option, allowing the owner/occupant to pre-pay for an entire years’ worth of service at one time. Optional weekly yard waste collection, transportation and disposal shall be made during the months of April through November each year. Only the Designated Waste Hauler shall be permitted to provide weekly residential mixed waste and optional weekly yard waste collection, transportation and disposal services to residential dwelling units within the Township. The Designated Waste Hauler shall be responsible for providing and maintaining all of the equipment necessary to conduct and implement the provisions of this Ordinance and the residential mixed waste collection program, including the provision of wheeled collection containers to generating residential units. Neither the Township not its residents shall be obligated to purchase any wheeled containers at the termination of the contract period.

SECTION VI REGULATIONS

The Designated Waste Hauler shall have the sole authority to collect, haul and deliver solid waste

generated by residential dwelling units within the Township. To that end, the following regulations shall apply to the program:

A. Required Use of Designated Waste Hauler

1. The owner/occupant of a residential dwelling unit as defined by this ordinance shall not dispose of any residential mixed waste as defined herein generated from a residential dwelling unit within the Township other than by means of the Designated Waste Hauler awarded the contract by the Township except as otherwise provided for in this Ordinance. 2. Except as provided in Section VI. E. of this Ordinance no person or entity except the Designated Waste Hauler shall engage in the business of collection, transporting, delivery or disposal of solid waste or optional yard waste generated by residential dwelling units (including single-family and two-family generation sites) within the Township.

3. It shall be unlawful to mix residential mixed waste with construction debris, commercial refuse, hazardous waste, or explosives.

4. It shall be unlawful to place yard waste into the residential mixed waste containers.

5. The Designated Waste Hauler shall not be responsible for the collection, sorting or delivery of recyclable materials or bi-annual solid waste collection in accordance with this Ordinance, but may also be the designated recycling services and bi-annual solid waste collection service provider under the Township’s Special Assessment District for solid waste collection and

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disposal, which contract shall not be affected by the terms of any Designated Waste Hauler contract.

6. The owner or occupant of a residential dwelling unit may optionally obtain and pay for a weekly yard waste collection from the Designated Waste Hauler.

B. Regulation Of Designated Waste Hauler

The Designated Waste Hauler shall abide by the provisions of its contract with the Township and the following additional regulations:

1. The Designated Waste Hauler will provide the curbside collection of residential mixed waste from residential dwelling units in the Township, and where applicable for disabled residents front-; side- or back-door collection.

2. The Designated Waste Hauler shall comply with Act 451 of 1994 and all applicable federal, state and county laws, statutes, local ordinances, and rules and regulations in the collection, transportation and delivery of solid waste and shall deliver all solid waste to a facility authorized under Act 451 of 1994 to operate for disposal of such materials

3. Optional Weekly Yard Waste Collection. The Designated Waste Hauler shall make available separate yard waste containers at an additional cost to those who wish to avail themselves of such service. The Designated Waste Hauler shall collect all yard waste set out in its designated containers in accordance with the contract All optional yard waste collected shall be delivered to a composting facility.

4. Hours of Collection. No mixed waste shall be collected from persons or property within 500 feet of a residential unit between the hours of 7:00 p.m. of one day and 6:00 a.m. of the next succeeding day unless the township supervisor has issued written authorization for such collection after having duly considered the means and location of such collection and determined no offensive noise or nuisance will result from the altered collection time.

C. Accessibility For Collection

Every person who owns, possesses, controls, supervises or occupies a residential dwelling unit (or units) in the Township which is required to contract with the Designated Waste Hauler for collection services shall cause all solid waste to be collected from such property at least once each week. It is the responsibility of the owner or occupant of each residential dwelling unit to place such solid waste in the contractor-supplied containers with the lid closed once each week according to the day of the week scheduled for their garbage collection at a location which is near the public or private road right-of-way abutting the residential dwelling unit. The closed container shall be placed as close as possible within the road right-of-way and no such container shall be placed upon any sidewalk. If the solid waste container is not accessible by the Designated Waste Hauler, the owner/occupant will be responsible for the proper disposal of its refuse. Every such person shall limit the time when receptacles are placed on public property or private property to the period between 6:00 p.m. of the day prior to the regularly scheduled solid waste collection day and 12 hours following the act of collection by the Designated Waste Hauler.

No owner/occupant shall allow or place refuse for collection other than that which originates from their premises.

Any owner/occupant who has a larger quantity of refuse than the normal or average amount for the residential dwelling unit may make special arrangements with the Designated Waste Hauler.

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It shall be unlawful for any person other than the residential property owner, the Designated Waste Hauler, or other authorized persons to interfere with the Designated Waste Hauler’s solid waste and option yard waste containers placed in the streets, alleys, and public places of the township for collection, or to interfere in any way with solid waste receptacles in the township.

Persons suffering from physical disabilities that limit or eliminate their ability to transport or place the solid waste or yard waste container at or near the curb side for collection shall notify the Designated Waste Hauler in writing of the need for back-door; front-door; or side-door pick-up services, which need may verified by the Designated Waste Hauler’s field supervisor.

D. Storage Of Containers

During the week while residential mixed waste is being accumulated and stored in the approved containers, all such residential mixed waste must be stored in accordance with the Kalamazoo Charter Township Refuse Bin Ordinance and its Litter Ordinance.

E. Opt-Out Provisions

1. Business or Other Off-Site Disposal. This ordinance does not prohibit the owner/occupant of a residential dwelling unit who is the owner of a business or has another off-site disposal method available from disposing of his/her own mixed waste or residentially-generated waste at his/her business or other off-site disposal location. The owner/occupant must notify the Designated Waste Hauler that the owner/occupant will dispose of all solid waste from such residential dwelling unit at his/her business or other off-site location and provide the hauler with the name and address of the business. The owner/occupant of shall be responsible for his/her own transportation.

2. Condominium Associations. Condominium associations may opt-out of the single waste hauler program for the collection of residential dwelling unit waste if the association notifies the Designated Waste Hauler, in writing, that the association will dispose of all solid waste generated by dwelling units within the association in accordance with a commercial disposal contract for all of the dwellings encompassed by the condominium association and provide a copy of the contract for the same to the designated waste hauler.

3. Vacant Residential Dwelling Units.

A. ”Snowbird” Provision for Temporary Vacation of Dwelling Units. The owner/occupant of a residential dwelling unit that intends to temporarily vacate the dwelling unit for a period of at least 90 days or 3 consecutive calendar months, whichever is more, shall notify the single waste hauler before the service is to be discontinued. To be eligible under the terms of this Section, the owner/occupancy must discontinue service for a minimum of 3 consecutive months (a single quarter billing cycle) and must provide the authorized waste hauler with adequate documentation verifying the vacancy.

B. Permanently vacant residential dwelling unit. An owner/occupant of a residential dwelling unit that will be permanently vacant shall notify the Designated Waste Hauler, in writing, of the effective date of the vacancy. Upon receipt of the notice, the Designated Waste Hauler will discontinue all service to the dwelling unit and not resume service until it is notified, in writing, that the dwelling unit will be occupied.

4. Existing Contracts. In the event that an owner/occupant of a residential dwelling unit has in existence a written contract with a company other than the Designated Waste Hauler as of the

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effective date of this Ordinance, the owner/occupant shall notify its contractor that he/she is now subject to the parameters of the Charter Township of Kalamazoo Designated Waste Hauler Ordinance as of the effective date of this Ordinance and shall terminate such service as of April 1, 2016.

SECTION VII

RATES; BILLING FOR RESIDENTIAL MIXED WASTE COLLECTION

The owner/occupant of a residential dwelling unit shall be charged at a rate per month for residential mixed waste collection, transportation and disposal. If chosen, the owner/occupant of a residential dwelling shall also be charged at a rate per month for optional yard waste collection and disposal for the period April through November of each year.

A. Rates. The Designated Waste Hauler shall charge fees for the collection and disposal of residential mixed waste placed for collection as established and set forth in the contract between the Designated Waste Hauler and the Township. Rates for collection and disposal of residential mixed waste and for the optional collection of yard waste shall be set forth in a resolution adopted by the Township Board and published on the Township’s website and in a newspaper of general distribution in the Township.

B. Billing. The Designated Waste Hauler shall send a quarterly or optional annual invoice, in advance to each residential dwelling unit for which services are provided in the Township. Such invoice shall represent charges for services to be rendered in the following quarter/year. Unless otherwise specified by the Township, the invoice shall be delivered by regular mail at least two (2) weeks prior to the beginning of the quarter/year for which charges are imposed. The due date for payment shall be the last day of the month prior to the beginning of the quarter/year for which charges are imposed. If the last day falls on a Saturday, Sunday or legal holiday, the due date shall be the next business day.

C. No Billing to Opt-Outs. Billing shall not be made to those owners/occupants of residential dwelling units that opt-out either temporarily or permanently, pursuant to Section VI. E. of this Ordinance.

D. Payment of the charges. Payment for the charges contained in this Ordinance shall be made to the Designated Waste Hauler.

SECTION VIII

VIOLATION AND PENALTIES

A. Violation. Any person, firm, corporation, partnership, or owner or occupant of a residential dwelling unit as defined hereby who violates, disobeys, neglects or refuses to comply with any provision of this Ordinance, or who causes, allows, or consents to any of same, shall be deemed to be responsible for a violation of this Ordinance. Any person responsible for a violation of this article whether as an owner (by deed or land contract), lessee, licensee, agent, contractor, servant, employee, or otherwise, shall be liable as a principal.

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B. Municipal civil infraction. A violation of this Ordinance is a municipal civil infraction as defined by state statute and shall be punishable by a civil fine determined in accordance with the following schedule:

1st Offense: $150.00

2nd Offense $250.00

3rd Offense: $350.00

4th and subsequent offense: $500.00

Additionally, the violator shall pay costs which may include all expenses, direct and indirect, to which the Charter Township of Kalamazoo has been put in connection with the municipal civil infraction. In no case, however, shall costs of less than $9.00 nor more than $500.00 be ordered. In addition, the Township shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, compliance order, restraining order, or other appropriate remedy to compel compliance with this section. Each day that a violation exists shall constitute a separate offense.

SECTION IX

SEVERABILITY

Should any portion of this Ordinance found to be invalid for any reason, such a finding shall not be construed as affecting the validity of the remaining portions of the Ordinance, which shall remain in full force and effect.

SECTION X

EFFECTIVE DATE AND REPEAL OF CONFLICTING ORDINANCES

This ordinance shall be effective on ______________, 2015. Conflicting Ordinances and Ordinance provisions are hereby repealed. Ordinance No. 240 “Refuse Bin” and Ordinance No. 350 “Litter” and the Township’s Household Hazardous Waste, Solid Waste and Recycling program supported by a special assessment are deemed by the Township Board not to be in conflict with this Ordinance and are hereby specifically retained.

Charter Township of Kalamazoo Kalamazoo County, Michigan Donald Z. Thall, Clerk

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