HANDY TOWNSHIP SPECIAL BOARD MEETING

MARCH 16, 2004

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

Tesch, Vaupel, Denby, Eisele. Absent: Krebs. Also Present: Township Attorney Kehoe, Zoning Administrator Anderson, Deputy Treasurer Ward, Ken Cousino-Engineering Technologies, Alan Greene-Dykema Gossett, PLLC, Richard Schoenherr, and Harry Terbrueggen-Elro Corp.

Approval of Agenda:

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

CARRIED.

Brief Public Comments:

None.

New Business:

A) Discussion of Elro Amended Consent Judgment:

Ken Cousino-Engineering Technologies, stated that this final draft of the amended consent judgment is the result of a co-operative effort between himself, Attorney Kehoe, and Elro representatives. Review followed.

Mr. Alan Greene-Dykema Gossett, PLLC, stated that the developer of the proposed project has also reviewed the amended consent judgment and will also sign the agreement. He also stated that any possible future developers that may be interested in buying the property will be bound by this agreement.

Discussion that it would not be beneficial to Handy Township if the buyer would immediately pay the entire special assessment. Mr. Greene stated that Elro Corp. has no intention of immediately paying off the entire assessment.

Also, that he would request from the buyer of the property a letter stating that they have no intention of paying off the entire assessment.

A thorough review of the amended consent judgment followed. Changes made

included: Changing the words “sewer distribution system” to “sanitary sewer collection system“ in wording throughout; And adding the words “…and condo documents shall contain reasonable requirements in respect to adequate security lighting” to section 33. Some typographical errors were also corrected. See attached for final draft.

Discussion of street and house lighting.

Mr. Greene stated that the final site plans and the engineering processes are complete. Permits, however, still need to be obtained.

Handy Township Special Board Meeting Minutes of 3-16-04 Page 2 (Elro Amended Consent Judgment, Continued)

MOTION EISELE SUPPORT VAUPEL TO RECOMMEND APPROVAL OF THE AMENDED CONSENT JUDGMENT TO BE SUBMITTED TO JUDGE LATREILLE FOR APPROVAL AND TO AUTHORIZE THE SUPERVISOR AND CLERK TO SIGN THE REVISED AGREEMENT.

ROLL CALL VOTE: EISELE-AYE, VAUPEL-AYE, TESCH-AYE, DENBY-AYE.

4-AYES, 0-NAYS, 0-ABSTAIN. MOTION CARRIED.

B) Cooperative Sewer Services Committee/Update on Discussions at Meetings:

Discussion of the Saratoga Springs Affordable Housing Development. Ken Cousino stated that both Engineering Technologies and Carlisle/Wortman Assoc., Inc. recommend that the preliminary site plan not be approved due to the uncertainty of the type of sewer to be used.

Discussion that the DEQ recommended that the developers of Saratoga Springs contact the Village of Fowlerville for possible sewer hookups. The developers did contact the Village and plans to purchase sewer and water for the development had begun without informing Handy Township. It was strongly agreed upon that since this is Handy Township property, Handy Township should have all say as to what should occur with a sewer district at this location and it’s surrounding properties. A lengthy discussion followed concerning the growth in the area and the need to explore all options to service the needs of the public.

Discussion of beginning Phase II of the sanitary sewer district. Review of the areas in greatest need of sewer and water. The possibility of extending the Phase II sewer lines down Van Buren to Gregory, Gregory to Grand River, and Grand River down to the Saratoga Springs development was also discussed.

Participation in the sewer district would be voluntary. Discussion of the costs and time frame involved. The board directed Ken Cousino to do a preliminary cost evaluation. Discussion to hold a special meeting to gather public opinion.

MOTION EISELE SUPPORT VAUPEL TO SET A PUBLIC MEETING TO DISCUSS OPTIONS FOR THE EXPANSION OF THE SEWER DISTRICT FOR APRIL 20, 2004 AT 7:30 P.M. IN THE HANDY TOWNSHIP BOARDROOM.

MOTION CARRIED.

Handy Township Special Board Meeting Minutes of 3-16-04 Page 3

Extended Public Comments:

Discussion on upcoming Change Orders for the sanitary sewer system.

Discussion of the metered flow use of the sewer system in the Elro development and dividing the costs among the users.

Adjournment:

MOTION EISELE SUPPORT VAUPEL TO ADJOURN THE MEETING AT

10:04 P.M. MOTION CARRIED.

Sandra J. Weaver

Recording Secretary

Laura Eisele

Handy Township Clerk