HANDY TOWNSHIP REGULAR BOARD MEETING

APRIL 13, 2004

The regular Handy Township Board meeting was called to order by Supervisor Denby at 7:30 p.m. in the Handy Township boardroom. Members present:

Tesch, Krebs, Vaupel, Denby, Eisele. Absent: None. Also Present: Township Attorney Kehoe, Zoning Administrator Anderson, Deputy Treasurer Ward, Planning Commission member Bob Redinger, Ken, Brendan, and Maureen Cousino-Engineering Technologies, Linda Dancer-Fowlerville Agricultural Society, Jay Black-Black Building, Dennis Gottschalk-Century 21, Dave Reader-Livingston County Board of Commissioners, Joan Runkel-Solid Waste Committee Representative, and resident Kyle Sober.

Approval of Agenda:

To add to New Business, Item (O), Affordable Housing Ordinance.

MOTION EISELE SUPPORT VAUPEL TO APPROVE THE AGENDA AS AMENDED. MOTION

CARRIED.

Approval of Minutes:

A) Township Board Regular Meeting of March 9, 2004:

MOTION VAUPEL SUPPORT EISELE TO APPROVE THE MINUTES OF THE MARCH 9, 2004

REGULAR MEETING AS PRESENTED. MOTION CARRIED.

B) Township Board Special Meeting of March 16, 2004:

MOTION EISELE SUPPORT VAUPEL TO APPROVE THE MINUTES OF THE MARCH 16, 2004 SPECIAL MEETING AS PRESENTED.

MOTION CARRIED.

Brief Public Comments:

Mr. Dave Reader introduced himself and announced his candidacy for circuit court judge.

Deputy Treasurer Ward stated that she felt that a moratorium was needed for the affordable housing ordinance. Also, that some type of a spring or fall waste clean-up is needed in Handy Township.

Handy Township Regular Board Meeting Minutes of April 13, 2004 Page 2

Approval of Bills:

Clerk Eisele reported that the township has spent $9,000 in engineering and attorney fees in an attempt to negotiate with the Village of Fowlerville for a co-operative sewer system.

Discussion of the need for account transfers.

MOTION EISELE SUPPORT VAUPEL TO TRANSFER FROM THE CONTINGENCY FUND: $500 TO THE DEPUTY TREASURER’S FUND #101-253-703; $2000 TO THE COMMUNITY INVOLVEMENT FUND #101-103-880; $500 TO THE MAINTENANCE CONTRACTS FUND #101-265-936; AND

$5,000 TO THE PLANNING COMMISSION CONTRACTED SERVICES FUND #101-405-801.

MOTION CARRIED.

MOTION EISELE SUPPORT TESCH TO PAY THE BILLS OF APRIL 13, 2004 FROM THE APPROPRIATE ACCOUNTS IN THE AMOUNT OF $87,131.95.

MOTION CARRIED.

Pending Business:

A) Fowlerville School Repayment:

None.

B) Community Education-Recreation Report:

Review of a letter from the Community Education and Recreation Board asking Handy Township to approve the lowered fall soccer rates. Discussion of the possibility of Handy Township having to be responsible for any differences between the old and new soccer rates.

It was decided that more information is needed.

MOTION EISELE SUPPORT TESCH TO POSTPONE CONSIDERATION OF THE APPROVAL TO LOWER FALL SOCCER RATES FOR THE COMMUNITY EDUCATION AND RECREATION BOARD

UNTIL THE SPECIAL MEETING OF APRIL 20, 2004. MOTION CARRIED.

Handy Township Regular Board Meeting Minutes of April 13, 2004

Page 3

C) Zoning Administrator’s Report:

Zoning Administrator Anderson reported that the Planning Commission members

have not been able to schedule any meetings to review the master plan.

Planner John Enos would like to schedule a special meeting with the board to

gather recommendations. Trustee Vaupel suggested a joint meeting between

the Planning Commission, Handy Township Board and Planner John Enos. No

further action.

Zoning Administrator Anderson reported that Centex is ready to break ground

on the Van Buren Road development as soon as possible.

D) Assessor’s Report, Discussion on joining the MTA in the defense against

Enbridge Pipeline:

Discussion of possibly joining the MTA in a defense lawsuit against the

Enbridge Pipeline which runs through a corner of section 36 in Handy

Township. It would cost $100 to join the lawsuit and Assessor Pashby does

not recommend joining the lawsuit. Further discussion followed.

MOTION VAUPEL SUPPORT KREBS TO NOT JOIN THE DEFENSE LAWSUIT AGAINST THE

ENBRIDGE PIPELINE.

ROLL CALL VOTE: KREBS-AYE, TESCH-NAY, EISELE-AYE, DENBY-AYE,

VAUPEL-AYE. 4-AYES, 1-NAY, 0-ABSTAIN. MOTION CARRIED.

E) Solid Waste Committee:

Review of Solid Waste Committee meeting of 4-13-04. Handy Township’s

Solid Waste Committee representative Runkel presented dumpster disposal

rates and extra item clean-up rates from Alchin’s Disposal, Inc.

Handy Township Regular Board Meeting Minutes of April 13, 2004

Page 4

F) Roads:

Supervisor Denby reported of receiving a bid from Advanced Dust Control at

a rate of 14 cents a gallon for chloride applications of township roads.

There will be four applications throughout the summer with the heaviest

application being in May.

MOTION VAUPEL SUPPORT EISELE TO CONTRACT WITH ADVANCE DUST CONTROL TO APPLY

CHLORIDE TO TOWNSHIP ROADS AT A COST OF .14 CENTS A GALLON, FOR A TOTAL COST

OF APPROXIMATELY $56,000. MOTION CARRIED.

G) Elro-Special Assessment District:

Brendan Cousino reported that all sewer lines are completed and will be

tested on April 14, 2004. He is waiting for the completion schedule of the

plant from F. J. Jones, which he expects to be completed in mid to late

July. Discussion of adding gravel to the shoulders of Van Buren Road and

who is responsible for the costs incurred. Supervisor Denby reported that

she would contact the Road Commission to discuss this matter.

Pay requests reviewed.

MOTION EISELE SUPPORT TESCH TO AUTHORIZE PAYMENT OF PAY REQUEST #A-11 IN THE

AMOUNT OF $210,205.80 TO F. J. JONES, & CO. AND TO AUTHORIZE THE SUPERVISOR

TO SIGN THE REQUEST. VAUPEL-ABSTAIN.

MOTION CARRIED.

MOTION EISELE SUPPORT TESCH TO AUTHORIZE PAYMENT OF PAY REQUEST #E-8 IN THE

AMOUNT OF $21,723.00 TO ENGINEERING TECHNOLOGIES AND TO AUTHORIZE THE

SUPERVISOR TO SIGN THE REQUEST. VAUPEL-ABSTAIN. MOTION CARRIED.

MOTION EISELE SUPPORT TESCH TO AUTHORIZE PAYMENT OF PAY REQUEST #B-6 IN THE

AMOUNT OF $15,747.75 TO RAINBOW CONSTRUCTION CO. AND TO AUTHORIZE THE

SUPERVISOR TO SIGN THE REQUEST. VAUPEL-ABSTAIN. MOTION CARRIED.

Discussion of the process of directional boring.

Handy Township Regular Board Meeting Minutes of April 13, 2004

Page 5 (Elro Special Assessment District, Continued)

MOTION KREBS SUPPORT EISELE TO AUTHORIZE CONTRACT AMENDMENT E-1 IN THE

AMOUNT OF $66,200.00 FOR ENGINEERING TECHNOLOGIES, INC. AND TO AUTHORIZE THE

SUPERVISOR TO SIGN THE AMENDED CONTRACT.

VAUPEL-ABSTAIN. MOTION CARRIED.

Discussion of Detroit Edison line extensions to the plant which would be

paid for from bond money.

MOTION EISELE SUPPORT TESCH TO AUTHORIZE A LINE EXTENSION AGREEMENT FOR

DETROIT EDISON IN THE AMOUNT OF $13,494.96 AND TO AUTHORIZE THE SUPERVISOR

TO SIGN THE AGREEMENT.

VAUPEL-ABSTAIN. MOTION CARRIED.

Review of letter to be sent to the Village of Fowlerville concerning the

sewer and water service extension. Member Vaupel requested some criteria

for the co-operative authority. He reported that working with the Village

as much as possible is for the better good of the residents. An invitation

to the Village should be extended for the April 20, 2004 special meeting.

Discussion followed.

Review of a letter to James Watling from Supervisor Denby in regard to the

placement of utilities in the Centex development.

Ken Cousino reported of the need to move forward on proposals for water

developments.

Discussion of rate studies. Review of a tentative presentation for the

April 20, 2004 special meeting.

H) Township Property-Hogback Road Landfill:

None.

I) Township Building Remodel-137 N. Grand Ave:

None.

J) Ordinances for Special Assessment District:

Revisions made, will address at next regular meeting.

Handy Township Regular Board Meeting Minutes of April 13, 2004

Page 6

K) Fire Department Sub-Station:

Supervisor Denby reported that the final stages of the proposed articles of

incorporation were in the process so that the fire authority proposal can be

put on the ballot. She also reported that the proposed articles had been

approved by the Village of Fowlerville, but Howell and Cohoctah townships

had decided to contract for services instead of joining the fire authority.

Discussion of the 1 mill increase proposed for the fire authority, to be

further discussed at the special meeting of April 20, 2004.

L) Pro-Street Auto-Paul Burton/Update on Zoning Violation:

Zoning Administrator Anderson reported that Mr. Burton has started

construction of the needed dumpster screening. Discussion of the board

extending the violation process for one more month.

M) Mike Wallace/Update on Zoning Ordinance Violation:

Zoning Administrator Anderson reported that a site plan will be submitted

to the May Planning Commission meeting.

New Business:

A) Salary Review Committee-Recommendation of Members:

MOTION VAUPEL SUPPORT EISELE TO APPOINT JOHN GORMLEY, RON DALY, AND KATHI

BACKHUUS TO THE SALARY REVIEW COMMITTEE.

MOTION CARRIED.

B) Planning Commission Appointment:

Discussion of the resignation by Trustee Krebs from the planning commission

and a replacement member.

MOTION KREBS SUPPORT TESCH TO RECOMMEND THAT TRUSTEE HENRY VAUPEL BE

APPOINTED TO THE PLANNING COMMISSION TO SERVE AS THE TOWNSHIP BOARD

REPRESENTATIVE. VAUPEL-ABSTAIN.

MOTION CARRIED.

Handy Township Regular Board Meeting Minutes of April 13, 2004

Page 7

C) Fowlerville Fairgrounds Resolution for Charitable Gaming License:

Discussion of the fair grounds raffling off a John Deere Gator and the need

for a gaming license to do so. The gaming license requires a resolution

from the township stating the agricultural society is a non-profit

organization.

MOTION EISELE SUPPORT VAUPEL TO ADOPT A RESOLUTION FOR A CHARITABLE GAMING

LICENSE FOR THE FOWLERVILLE AGRICULTURAL SOCIETY AND TO AUTHORIZE THE

SUPERVISOR TO SIGN THE RESOLUTION.

ROLL CALL VOTE: EISELE-AYE, KREBS-AYE, VAUPEL-AYE, DENBY-AYE,

TESCH-AYE, 5-AYES, 0-NAYS, 0-ABSTAIN. RESOLUTION ADOPTED.

D) Livingston County Road Commission-2004 Chloride Permit:

Not addressed at this time.

E) Zoning Amendment #Z-30-04 (Bulk Propane Added to NSC District, and

Commercial Storage Warehouse):

MOTION VAUPEL SUPPORT EISELE TO ADOPT ZONING AMENDMENT

#Z-30-04 BULK PROPANE STORAGE ADDED TO THE NSC DISTRICT TO BECOME EFFECTIVE

7 DAYS AFTER PUBLICATION.

MOTION CARRIED.

MOTION VAUPEL SUPPORT KREBS TO ADOPT ZONING AMENDMENT

#Z-30-04 COMMERCIAL STORAGE WAREHOUSE, SECTION 9.3, ‘O’ TO BECOME EFFECTIVE

7 DAYS AFTER PUBLICATION. MOTION CARRIED.

F) Zoning Amendment #Z-31-04 (Private Road Agreement/Amendments):

MOTION VAUPEL SUPPORT EISELE TO ADOPT ZONING AMENDMENT

#Z-31-04 PRIVATE ROAD AGREEMENT/AMENDMENTS TO BECOME EFFECTIVE 7 DAYS AFTER

PUBLICATION. MOTION CARRIED.

Handy Township Regular Board Meeting Minutes of April 13, 2004

Page 8

G) Total System Support Quote for Renewing Norton Anti-Virus for Computer

Systems:

Review of quotes.

MOTION VAUPEL SUPPORT KREBS TO AUTHORIZE TOTAL SYSTEM SUPPORT TO INSTALL UP

TO 9 NORTON ANTI-VIRUS PROGRAMS FOR UP TO 9 OFFICE COMPUTERS AT A COST NOT

TO EXCEED $574.

MOTION CARRIED.

Treasurer Tesch reported that Livingston County is providing a new BS&A tax

software for all Livingston Townships. There is no cost to the townships.

To be further reviewed at the April 20, 2004 special meeting.

H) Klaus Gardening-2004 Contract Approval:

MOTION KREBS SUPPORT VAUPEL TO CONTRACT WITH KLAUS GARDENING FOR SERVICES OF

CEMETERY LAWN MOWING AT A COST OF $1400 PER GRASS CUTTING SEASON. MOTION

CARRIED.

I) Allocation Budget 2004:

Reviewed.

J) Corporate Credit Card:

Discussion of the need for a township credit card. The board directed the

clerk to investigate further and provide information at a later time.

K) Economic Development Council-DDA Workshops:

Invitation reviewed.

MOTION VAUPEL SUPPORT EISELE TO AUTHORIZE PAYMENT FOR ALL MEMBERS OF THE

TOWNSHIP BOARD, DEPUTIES, ZBA MEMBERS, AND PLANNING COMMISSION MEMBERS WHO

WOULD LIKE TO ATTEND THE ECONOMIC DEVELOPMENT COUNCIL-DDA WORKSHOPS.

MOTION CARRIED.

Handy Township Regular Board Meeting Minutes of April 13, 2004

Page 9

L) Supervisor’s Report:

None.

M) Treasurer’s Report:

Submitted. Treasurer Tesch reported of the need for carpet cleaning at 135

N Grand for the front offices and hallway.

MOTION EISELE SUPPORT VAUPEL TO HIRE SERVICE MASTERS TO CLEAN THE FRONT

OFFICES AND HALLWAY AT A COST NOT TO EXCEED $193.50.

MOTION CARRIED.

N) Clerk’s Report:

Clerk Eisele reported of the need to adopt a resolution to be able to

obtain a grant from the State of Michigan for reimbursement of the new

Accu-Vote System.

MOTION VAUPEL SUPPORT KREBS TO OFFER THE RESOLUTION TO APPLY TO THE MICHIGAN

HELP AMERICA VOTE ACT FUNDS.

ROLL CALL VOTE: TESCH-AYE, DENBY-AYE, VAUPEL-AYE, KREBS-AYE,

EISELE-AYE. 5-AYES, 0-NAYS, 0-ABSTAIN. RESOLUTION ADOPTED.

Clerk Eisele reported that the Red Rock Drive developers have outstanding

bills from last June, July, and October totaling almost $500.

MOTION VAUPEL SUPPORT EISELE TO AUTHORIZE THE CLERK TO TURN THE RED ROCK

DRIVE BILLS OVER TO THE HANDY TOWNSHIP ATTORNEY FOR COLLECTION. MOTION

CARRIED.

Review of a letter from the Howell Library recommending Charles Manuel and

Camille Lievense to the Howell Carnegie District Library Board of Trustees.

Handy Township Regular Board Meeting Minutes of April 13, 2004

Page 10

O) Affordable Housing Ordinance:

Member Krebs reviewed the discussions of the April 7, 2004 special Planning

Commission meeting. Zoning Administrator Anderson reported that an

estimated 721 affordable housing home sites have been submitted to the

township. Discussion of the requirement of the paved access roads for an

affordable housing development. Further discussion of changing the

ordinance language to include affordable housing under the PUD ordinance and

the possibility of an affordable housing moratorium.

MOTION EISELE SUPPORT KREBS TO ADOPT A MORATORIUM ON ALL PROJECTS UNDER

SECTION 16.6 XX OF THE HANDY TOWNSHIP ZONING ORDINANCE FOR 9 MONTHS AND THAT

NO FURTHER APPLICATIONS FOR PROJECTS BE ACCEPTED DURING THAT PERIOD OF TIME.

THIS IS DUE TO THE DISPROPORTIONATE EFFECT THAT AFFORDABLE HOUSING

PROJECTS UNDER THE CURRENT ORDINANCE ARE HAVING ON THE OVERALL NEW HOUSING

MARKET IN HANDY TOWNSHIP. MOTION CARRIED.

Extended Public Comments:

Further discussion of the affordable housing projects.

Adjourn:

MOTION EISELE SUPPORT VAUPEL TO ADJOURN THE MEETING AT

10:23 P.M. MOTION CARRIED.

Sandra J. Weaver

Recording Secretary

Laura Eisele

Handy Township Clerk