All items listed are
considered to be routine by the Board and will be enacted by one motion.
There will be no separate discussion of these items unless a Board member or
Citizen so requests, in which event the item will be removed from the
Consent Agenda and considered in its normal sequence on the agenda.
a.)Approval of May 24, 2007 Regular Meeting Minutes
b.)May 17, 2007 Planning Commission Special Meeting Report
333 Triangle Lake Road
:Mr. Musson said the oath of
office the board members took requires them to consider the health, safety
and welfare of the residents, and prohibiting a cell tower doesn’t own up
to the oath.
APPROVAL OF AGENDA
Tammy Beal motioned to move
agenda item #8 between items #3 and #4.
motioned to approve the agenda as amended.Les Andersen seconded.Motion
Dave Hamann motioned to approve the consent agenda.Paula Wyckoff seconded.Motion
Frank Lover was present for this hearing.Mr. Lover said the first letter sent by the zoning administrator was
out of line because there isn’t a junkyard on his property.He feels there is selective enforcement on
.He asked what the township
wants him to do.
said Mr. Lover needs to bring a site plan to the Planning Commission.
Tammy Beal motioned to have Frank Lover fill out a site plan
application for the Planning Commission, and to move the cars on the
property.Les Andersen seconded.Motion carried 7-0.
Dan Lowe asked exactly what Mr. Lover needs to move off the property.
said he needs to move any vehicles that he doesn’t own.Frank Lover said he would have the cars moved within 4-5 days.
Mark Montagano, 3386 Prescott:Mr. Montagano said the
issues the Cedar Creek residents want to discuss are road defects and
drainage defects in Cedar Creek.He
thanked the board for the opportunity to discuss these issues.The co-owners of Cedar Creek are requesting
, pursuant to its ordinances, to use its authority to enforce the site plan
requirements at Cedar Creek Estates to correct the road defects and the
drainage defects that currently exist.
Bob Hanvey asked if there is a list or record of specific
defects.Mr. Montagano said
there are a number of defects.He
would like to walk the property with the township engineer to document the
defects.Mr. Hanvey asked if the
residents have read the Master Deed & Bylaws.A resident said they understand that the township can’t enforce the
Master Deed & Bylaws.They
are asking the township to enforce the site plan that was approved by the
Planning Commission.Mr. Hanvey
said the condo documents contain a paragraph that says the township board
has the authority to create a special assessment district to bring the
private road up to current standards and to divide the cost among the
co-owners.Mr. Montagano said
they want the township to enforce the drainage and road defects that don’t
comply with the site plan.Mr.
Hanvey asked for specific details.Mr.
Montagano said there are failures in the road structure itself, and
conditions that vary from the site plan that don’t adhere to the site
plan.Another issue, just
recently, is flooding and wells have been contaminated due to grading issues
of each individual site.
Les Andersen asked if an engineering firm would have signed off on that
project.Mr. Hanvey said at that
time, the township engineer did not review.Mr. Montagano said drainage issues were caused by grading on the
Bill Ray, 3589 Prescott:Mr. Ray said there is no
culvert in the low point of the road—it’s 50’ away.It either doesn’t conform to the design or the design was
Les Andersen asked
whether the engineer for the project should be liable because they signed
off and approved the road.Mr.
Westmoreland said the old ordinance states that the road has to be designed
according to Livingston County Road Commission standards.Under the old ordinance, the township didn’t have an inspector on
site.Les Andersen asked what
engineering firm did the project; the residents said Boss Engineering.Mr. Hanvey referred to a letter received from Boss Engineering that
the road was substantially in compliance with the site plan.Mr. Montagano said they have potholes and ruts 6-8” deep, which
indicates the thickness of the asphalt is insufficient.
Les Andersen asked if the Cedar Creek residents are looking for the
township’s help in determining whether Boss Engineering incorrectly
certified the roads and proceed against Boss Engineering, or are they
looking for a special assessment district to repair the roads.Mr. Montagano said they want the township to use its authority to
enforce the site plan requirements.Mr.
Hanvey said the big question is who will correct the roads and who pays for
it.Mr. Hanvey said it’s
possible that the grading issues were created by individual owners after the
project was completed.
Dan Lowe asked if anyone has looked at the pieces of the road to see how
thick they are.Mr. Montagano
said about 1 ¼”.
Nancy Stebbing, 3481 Prescott:Ms.
Stebbing asked about the certificates of occupancy.
said the county issues the certificate of occupancy for the actual house.Mr. Hanvey said the township has a final zoning compliance says the
house is where it’s supposed to be.
Mr. Montagano said being that the developer still owes the land, can’t
the township force the site requirements to be met.
2246 Asbury Court
:Ms. Wreford said she has
wetlands on her property and the more construction that’s been going on,
the more water she has on her lot.
Cindy Henley, 2500
:Ms. Henley has lived in Cedar
Creek for seven years in August and they are looking for guidance from the
township.They realize they need
to hire an attorney.The roads
in Cedar Creek are cracked and collapsing.
Derrick Dejean, 3517 Prescott:Mr.
Dejean asked if there was a plan submitted that shows how the roads should
Dan Lowe asked the residents to provide a list of houses that flooded.
Scott Lloyd, 5717 Pingree:Mr.
Lloyd said the builder chooses where to put the houses.
Lori VanDoelen, 3724 Prescott:Ms.
VanDoelen said she is getting runoff from the creek into her basement.Her lot was never graded correctly.She asked what she can do about this.She’s talked with the Drain Commissioner’s office and her
builder.Is it a county drain or
There is a meeting scheduled for July 10 with the company Mitch Harris
hired to handle handing over the association.Mr. Hanvey asked if any of the residents have actually talked with
Mitch Harris.Ms. Wreford said
she has sent him several letters.
Anthony Degram, 3131 Prescott:Mr.
Degram said Mr. Harris did come out to his house a few weeks ago.
Mr. Montagano said he’s sent several letters and hasn’t received a
Dave Hamann asked if Mitch Harris is still in control of the
association.Mr. Hanvey said
they are actually past the time when the association should be turned over.
Jane Risacher, 3713 Prescott:Ms.
Risacher said final grade shouldn’t be done until all homes are complete.
Derrick Dejean, 3517 Prescott:Mr.
Dejean asked if the low spot were to cave in and it created a hazard, would
the township have authority to step in and do something at that point.Mr. Hanvey said based on the Master Deed, he believes so.
Jerry Sidlar, 3176 Prescott:Mr.
Sidlar asked if the township could send its engineer out and give them
something in writing that states the roads are/are not in compliance.
Les Andersen motioned to authorize OHM to inspect the roads in Cedar Creek
Estates and determine if they meet the site plan requirements, give an
engineer’s opinion of probable cost, and have the township attorney review
and give his opinion.
seconded.Roll call vote:Hamann, Lowe, Beal, Hanvey,
, Andersen, Hodge—all yes.Motion
item will be discussed later in the meeting.
said he feels the private road general ordinance should be in agreement with
the land division ordinance and the zoning ordinance regarding whether or
not new parcels on a road of any sort have to have frontage.The land division ordinance allows access on a proposed easement.The zoning ordinance requires frontage.
asked if the definitions indicate size.Charlie Musson said the term parcel should mean metes & bounds,
and lot means platted.Dan Lowe
said he thinks access off of an easement should be allowed.
will bring suggested wording to the first meeting in July.
attended the LCRC meeting and said they have decided to do the 8,000’
between Sexton and Sanitorium this year.They will start the base repair next Tuesday and pavement overlay on
Bob Hanvey said on the Peavy/Sexton corners and curves, they
have done substantial grading and tree removal.The township received a request from Mr. Kizer to have the surface
finished with limestone rather than gravel, but the LCRC won’t mix the
two.To do limestone on Sexton
from D-19 to Keddle would be approximately $100,000.Les Andersen said the township should express its appreciation to Mr.
Kizer for his cooperation (AI #1.)
Mr. Hanvey said they are trying to figure out where to put the sewer for
bridgework project.There is a
meeting on Monday with MDOT to discuss.
have expressed an interest in establishing a special assessment district to
have the public road paved.
reported that one application has been done, and it took five weeks.She is going to give them one more chance to finish the job in a
timely manner.The clerk will
ask for the second application (AI #2).
PROPOSED TEXT AMENDMENT
Dave Hamann motioned to approve text amendment
#13-06: Section 3.02, Figure 3-6—Net and Gross Lot Area.Paula Wyckoff seconded.Motion
Tammy Beal passed out an excerpt of Public Act 451 of 1976.Mr. Hanvey pointed out that this act was passed after the school got
started.The school’s original
site plan didn’t include the tower.Mr.
Terres and the school’s attorney came to the township to report they had
been approached by SBA to put a cell tower on the school’s property.The school had planned on putting a tower for their own needs at
about 145’ that would be used for buses and communication between the
various school sites.When the
cell tower company came, they proposed that they would put their tower in
right away and let the high school use it for their antennas, along with the
antennas that they had hoped would be located by other cell phone service
providers.Mr. Hanvey called the
engineering company and they sent a site plan that shows where they want to
locate the tower, and it’s not in conformance with the township’s
current ordinance or the proposed ordinance.It’s located 193’ off of the property line.According to the current ordinance, it supposed to be at least
200’.The township suggested
that they move the tower.They
want to put up a tower that’s 199’ feet, unlighted, with provision for
up to six co-locators.The
adjacent property owner, Glen Hanson, said he would prefer the tower to be a
couple hundred feet to the south and to the west, which would get it about
400’ off of his property line.They
school isn’t eager to make that change.Mr. Hanvey asked for documentation on why the site was selected.The question for the board is whether there is any suggested action
for the board to take.
Travis Hodge said it wouldn’t be worth fighting over.Les Andersen said he thinks the township should let it go.
said he has no problem with what they’re doing.Dan Lowe said he would like to see it moved.
Bob Hanvey said that
paid the most recent special assessment bills.New bills will be sent out in a few weeks.
Darakjian didn’t pay the last bill.One of the options is to begin foreclosure proceedings.The township has talked with the City of
about collecting the special assessments on the city tax bill, but they
don’t have all of the necessary approvals yet.Paula Wyckoff said it was suggested to check with John Axe to see if
the township is able to bill them on the winter bill.Another option is Board of Review.The treasurer will send reminder notices and send out the statements
for the summer special assessment levy as has been done in the past (AI
project is underway.The
preconstruction meeting was held last week.
FOSTER, SWIFT, COLLINS
& SMITH INVOICE
Les Andersen motioned to approve the invoice for $4,929.81.
seconded.Roll call vote:
, Hodge, Hanvey, Hamann, Beal, Andersen, Lowe—all yes.Motion carried 7-0.
FRONT YARD SETBACKS
No new information on this item.
EXPERT WITNESS CONTRACT
Bob Hanvey reported that
Meagher wants to stay with Stantec.He
will send the contract to the attorney for review (AI #4.)
There hasn’t been any action on this item.
Revised guidelines and application form are included in the packets.Les Andersen suggested adding the $30 hourly rate to the fifth bullet
item.Paula Wyckoff suggested
adding the capacity limits for the basement to item #5.Les Andersen motioned to approve the Hall Use Policy.Paula Wyckoff seconded.Motion
CLOSED MEETING MINUTES
Tammy Beal passed out minutes from the last three closed
sessions for the board members to review.Future minutes from closed sessions can be reviewed in the clerk’s
Dan Lowe reported on the most recent ZBA meeting.Three requests were heard; two were approved, and one was tabled.
The board members reviewed the preliminary proposed 2007-08 budget.
said he proposes a salary increase of 3.7%, and all numbers in the proposed
budget assume that.A budget
public hearing will be held at the next board meeting.
Tammy Beal motioned to adopt a resolution to increase
non-elected staff salaries by 3.7% for the 2007-08 fiscal year.Travis Hodge seconded.Roll
—yes; Hamann—no; Hodge—yes; Andersen—yes; Beal—yes; Hanvey—yes.Resolution passed 5-2.
Tammy Beal motioned to adopt a resolution to increase the
treasurer’s salary by 3.7%, for a total of $32,553, for the 2007-08 fiscal
seconded.Roll call vote:Hanvey—yes; Lowe—no;
—yes; Beal—yes; Hamann—no; Hodge—yes; Andersen—yes.Resolution passed 5-2.
Paula Wyckoff motioned to adopt a resolution to increase the clerk’s
salary by 3.7%, for a total of $32,553, for the 2007-08 fiscal year.Travis Hodge seconded.Roll
Hanvey—yes; Hodge—yes; Andersen—yes; Lowe—no;
Paula Wyckoff motioned to adopt a resolution to increase the
supervisor’s salary by 3.7%, for a total of $32,553, for the 2007-08
fiscal year.Travis Hodge
seconded.Dan Lowe said he would
like to increase Mr. Hanvey’s salary by more than 3.7%.Mr. Hanvey said he’s happy with the proposed increase.Roll call vote:Hodge—yes;
Beal—yes; Andersen—yes; Lowe—yes; Hanvey—yes; Hamann—no;
--yes.Resolution passed 6-1.
There hasn’t been any action on the Supreme
said that a representative from Boss Engineering will take a look at the
roads and call Phil back.
FOR THE GOOD OF THE TOWNSHIP
The Marion Oaks case is
done, and a consent judgment is in place.
ITC wants to sponsor something for the township for
$1,000.Les Andersen said using
the money for parks is a good idea.
Tammy Beal said that Mrs. Douglas, who owns property
, is not interested in selling any land at this point.The township board will send her a letter indicating interest in the
property if she decides to sell.
Bob Hanvey reported that approximately 30 watershed stakes
have been put up.
Paula Wyckoff said the new
park is moving along, and they are looking at signage.She also said the township needs a park ordinance.
to go into a closed session to consider a lease agreement.Paula Wyckoff seconded it.
, Dan Lowe,
, Paula Wyckoff, Les Andersen, Travis Hodge
call vote to go back into open session.
Paula Wyckoff, Travis Hodge,
, Les Andersen, Dan Lowe
session ended at
, open session started again.
to have Supervisor
contact Verizon representative to discuss lease agreement and sign contract
Hodge seconded it.
, Travis Hodge, Les Andersen, Dan Lowe, Paula Wyckoff,
to Public: None
Hodge motioned to adjourn. At