HANDY TOWNSHIP BOARD OF TRUSTEES

REGULAR BOARD MEETING

APRIL 12, 2005

 

The regular Handy Township Board meeting was called to order by Supervisor Denby at 7:30 p.m. in the Handy Township Board Room.  Trustees Present: Eisele, Vaupel, Tesch, Redinger.  Absent: None.  Also Present: Attorney Kehoe, Zoning Administrator Anderson, Kevin Shopshire, Richard Perry, Fowlerville Senior Center-Francis & Wilton Davis, Helen V. Kropik, John Beyer, Desine, Inc.-Eric Rauch, and a few people who did not sign in.

 

Approval of Agenda

To Add Under New Business, Item P) Schedule Special Meeting (Engineers Report)

MOTION VAUPEL SUPPORT REDINGER TO ACCEPT THE AGENDA AS AMENDED.  MOTION CARRIED.

 

Approval of Minutes

A)    Handy Township Regular Board Meeting of March 8, 2005

Page 4, Under New Business, Item A) switch the words “Livingston Recycle” to read “Recycle Livingston”.

MOTION VAUPEL SUPPORT REDINGER TO ACCEPT THE MINUTES OF APRIL 12, 2005 AS AMENDED.  MOTION CARRIED.

 

Brief Public Comments: No response.

 

PUBLIC HEARING

Industrial Development District – Manson VanHorn, LLC

Tax Code #4705-09-400-021

 

MOTION VAUPEL SUPPORT REDINGER TO OPEN THE PUBLIC HEARING FOR MANSON VANHORN, LLC INDUSTRIAL DEVELOPMENT DISTRICT AT 7:35 P.M.  MOTION CARRIED.

 

There were no comments from the public.

 

MOTION EISELE SUPPORT VAUPEL TO CLOSE THE PUBLIC HEARING AND RETURN TO BUSINESS SESSION AT 7:36 P.M.  MOTION CARRIED.

 

 

 

 

 

 

 

 

 

Handy Township Regular Board Meeting Minutes of April 12, 2005

Page 2

 

SHOW CAUSE HEARING:

Sandra McCubbin

Zoning Violation of Chapter 1.11 & 2.21 D, Junk & Junk Cars

 

Zoning Administrator Anderson reported that Ms. McCubbin did not pick up her certified mail notice for show cause hearing.  The post office returned the notice to the township office.

Attorney Kehoe suggested sending the notice by regular mail and rescheduling the hearing for the regular meeting in May.

MOTION EISELE SUUPORT REDINGER TO POSTPONE THE SHOW CAUSE HEARING FOR SANDRA MCCUBBIN UNTIL THE REGULAR BOARD MEETING IN MAY.   MOTION CARRIED.

 

SHOW CAUSE HEARING:

Timothy Kandow

Zoning Violation of Chapter 2.2-2 & 14.1, Side Yard Setback/Accessory Building

 

MOTION VAUPEL SUPPORT REDINGER TO OPEN SHOW CAUSE HEARING FOR TIMOTHY KANDOW AT 7:39 P.M.  MOTION CARRIED.

 

The board heard from Mr. Richard Perry in regard to the zoning violation.  Mr. Perry rents the home from the owner, Timothy Kandow.  He explained that he is storing his mother’s personal belongings in a truck box on the side of his home due to her illness.  He was upset that the neighbor who complained did not come over and talk with him personally.  He also explained that the Fowlerville Police Department said it was okay to store it there.  He later explained that Mr. Anderson informed him that the Fowlerville Police Department doesn’t have any jurisdiction over township property and that the township zoning ordinance does not allow accessory structures to be located within side yard setbacks.  He would have to move it.  Mr. Perry further explained that he has cancer and is unable to move the box by himself.  He does have a friend that is able to help him move the box when he arrives home from Iraq in September.  He asked that the board consider giving him until then to take care of the matter.

 

MOTION VAUPEL SUPPORT REDINGER TO GO OUT OF SHOW CAUSE HEARING AND RETURN TO REGULAR BUSINESS SESSION. 

MOTION CARRIED.

 

 

 

 

 

 

 

Handy Township Regular Board Meeting Minutes of April 12, 2005

Page 3

 

 

(Show Cause Hearing for Timothy Kandow, continued)

MOTION VAUPEL SUPPORT EISELE TO FIND TIMOTHY KANDOW AND RICHARD PERRY (RENTER), 4673 WHEELER ROAD, TO BE IN VIOLATION OF THE HANDY TOWNSHIP ZONING ORDINANCE, CHAPTER 2.2-2 & 14.1, SIDE YARD SETBACK/ACCESSORY BUILDINGS.  MOTION CARRIED.

 

MOTION VAUPEL SUPPORT TESCH TO GIVE TIMOTHY KANDOW AND RICHARD PERRY (RENTER) UNTIL OCTOBER 31, 2005 TO CORRECT THE VIOLATION WITH THE TOWNSHIP THROUGH ZONING ADMINISTRATOR ANDERSON BEFORE THE BOARD CONSIDERS ENFORCEMENT ACTION.  MOTION CARRIED.

 

 Approval of Bills:  $104,883.02

MOTION EISELE SUPPORT TESCH TO AUTHORIZE THE TRANSFER OF FUNDS AS RECOMMENDED BY THE CLERK FROM CONTINGENCY

101-890-999 TO 101-103-833 FOR $1,000 AND TO 101-232-801 FOR $120.00.  MOTION CARRIED.

 

MOTION VAUPEL SUPPORT REDINGER TO PAY THE BILLS OF APRIL 12, 2005 IN THE AMOUNT OF $104,883.02 FROM THE APPROPRIATE ACCOUNTS.  MOTION CARRIED.

 

Pending Business:

A)    Utilities Report

a.       No report given.

 

B)     Sewer Committee Report

a.       No report given.

 

C)    Community Recreation Report

a.       No report given.

 

D)    Zoning Administrator’s Report

a.       Submitted and discussed.

 

E)     Assessor’s Report

a.       No report submitted.

 

F)     Solid Waste Committee

a.       No report given.

 

 

Handy Township Regular Board Meeting Minutes of April 12, 2005

Page 4

 

(Pending Business, continued)

G)    Roads

a.       2005 Proposed Road Projects from Livingston County Road Commission

Item to be addressed at special meeting scheduled for May 2, 2005

b.      2005 Bids for Brine Dust Control for Roads

MOTION TESCH SUPPORT VAUPEL TO AWARD THE 2005 CONTRACT FOR BRINE DUST CONTROL FOR ROADS TO ADVANCED DUST CONTROL AT A RATE OF 14.5 CENTS PER GALLON BASED ON 2000 GALLONS PER LANE MILE AND 4 APPLICATIONS PER YEAR.  MOTION CARRIED.

 

H)    Fire Authority Report

a.       Agreement Regarding Assumption of Fire Building Agreement Fire Service Contract

MOTION VAUPEL SUPPORT EISELE TO ENTER INTO AGREEMENT REGARDING ASSUMPTION OF FIRE BUILDING AGREEMENT FIRE SERVICE CONTRACT WITH THE FOWLERVILLE AREA FIRE AUTHORITY.  MOTION CARRIED.

 

I)       Attorney’s Report

a.       John Fry Zoning Violation Update

Mr. Fry submitted a letter to the board explaining that he and his wife have moved and that he is still working on cleaning up the rest of the violations as promised.  No objection from the board.

b.      Recycle Livingston, Inc./Letter of 2-17-05/Financial Support

Attorney Kehoe reported that the township could contribute via a contract with Recycle Livingston.  Supervisor Denby will contact the organization about services they have available and report at the next board meeting.

c.       Antoinetta Sopia Fire Run

Attorney Kehoe reported that the woman has moved to Florida and it would be very costly to pursue collection of the fire run bill.

MOTION EISELE SUPPORT VAUPEL TO STOP PURSUING THE  COLLECTION OF THE ANTOINETTA SOPIA FIRE RUN. 

MOTION CARRIED.

 

New Business

A)    Resolution Establishing Industrial Development District Manson VanHorn, LLC

A RESOLUTION WAS OFFERED BY VAUPEL AND SUPPORTED BY

EISELE ESTABLISHING AN INDUSTRIAL DEVELOPMENT DISTRICT FOR MANSON VANHORN, LLC.  ROLL CALL VOTE.  DENBY-AYE,

REDINGER-AYE, EISELE-AYE, VAUPEL-AYE, TESCH-AYE.  AYES-5. 

NAYS-0.  ABSENT-0.  ABSTAIN-0.  RESOLUTION DECLARED ADOPTED.

 

 

Handy Township Regular Board Meeting Minutes of April 12, 2005

Page 5

 

(New Business, continued)

B)     Sandra McCubbin Zoning Ordinance Violation

Item has been postpone until the May 2005 regular meeting.

 

C)    Timothy Kandow Zoning Ordinance Violation

Item addressed after show cause hearing on page 2 of these minutes.

 

D)    Slatkin Request to Transfer 10 REU’s to 7.25 Acre Parcel

A RESOLUTION WAS OFFERED BY EISELE AND SUPPORTED BY VAUPEL TRANSFERRING 10 REU’S FROM COUNTRY CORNER DRIVE , LLC

PARCEL #05-15-400-034 TO ROSARIO CRISCUOLO, PARCEL A-3

(7.23 ACRES, MORE OR LESS) TO BE EFFECTIVE UPON THE SALE OF

THE PROPERTY.  ROLL CALL VOTE.  EISELE-AYE, REDINGER-AYE, VAUPEL-AYE, TESCH-AYE, DENBY-AYE.  AYES-5.  NAYS-0.  ABSENT-0.  ABSTAIN-0.  RESOLUTION DECLARED ADOPTED.

 

E)     Klaus Gardening 2005 Cemetery Maintenance Contract

Item to be addressed at the special meeting scheduled for May 2, 2005.

 

F)     BS&A Software Internet Services for Assessing Information

Item to be addressed at the special meeting scheduled for May 2, 2005.

 

G)    Letter of Interest for REU’s (Sewer Capacity) from J&G Real Estate

Item to be addressed at the special meeting scheduled for May 2, 2005.

 

H)    Senate Bill 220 – Exempting Shooting Ranges from Local Noise Ordinances

Clerk to compose and submit a letter in regard to Senate Bill 220 on behalf of the township.

 

I)       2005 Allocation Budget

MOTION EISELE SUPPORT VAUPEL TO ACCEPT THE 2005 HANDY TOWNSHIP ALLOCATION BUDGET AS PREPARED BY THE SUPERVISOR AND TO SUBMIT TO LIVINGSTON COUNTY.  MOTION CARRIED.

 

J)       Salary Review Committee

Clerk Eisele recommended local residents Kathi Backhuus, Ron Daly, and John Gormley to serve on the 2005 Salary Review Committee.

MOTION EISELE SUPPORT VAUPEL TO APPOINT KATHI BACKHUUS, RON DALY, AND JOHN GORMLEY TO SERVE ON THE 2005 SALARY REVIEW COMMITTEE.  MOTION CARRIED.

 

 

 

Handy Township Regular Board Meeting Minutes of April 12, 2005

Page 6

 

(New Business, continued)

K)    Fowlerville Street Scene” by Brian McKelvey, Artist

MOTION EISELE SUPPORT VAUPEL TO AUTHORIZE THE PARTICIPATION IN THE FOWLERVILLE STREET SCENE AT A COST OF $375.00.  MOTION CARRIED.

 

L)     Letter from DEQ Regarding Financial Capacity Assessment for Water System Costs

Item to be addressed at the special meeting scheduled for May 2, 2005.

 

M)   Supervisor’s Report

No report given.

 

N)    Treasurer’s Report

Submitted and reviewed.

 

O)    Clerk’s Report

a.       Approval to purchase 3 Optical Scan Ballot Boxes

MOTION VAUPEL SUPPORT REDINGER TO AUTHORIZE THE CLERK TO PURCHASE 3 OPTICAL SCAN BALLOT BOXES FOR A TOTAL NOT TO EXCEED $379.23.  MOTION CARRIED.

 

P)     Schedule Special Meeting (Engineers Report)

MOTION EISELE SUPPORT REDINGER TO SCHEDULE A SPECIAL BOARD MEETING FOR MONDAY, MAY 2, 2005 AT 7:30 P.M. IN THE TOWNSHIP BOARD ROOM.  MOTION CARRIED.

 

Communications

A)    Livingston County Road Commission-Seminars Scheduled for April 16, 2005

All Trustees were invited to attend the Road Commission Seminar.

 

Extended Public Comments:

            A few of the members from the Fowlerville Senior Citizens Club introduced themselves and their new manager, Helen Kropik.  They also asked that the board consider contributing funds towards their programs.

                            Eric Rauch, Desine, Inc., representing J&G Real Estate, explained the need for sewer capacity for their project located on the corner of Fowlerville and Van Buren Roads.

            Supervisor Denby explained that the previous owner opted out of phase I but that they can be included in phase two of the sewer system.

MOTION EISELE SUPPORT VAUPEL TO ADJOURN THE MEETING AT

8:42 P.M.  MOTION CARRIED.

Laura A. Eisele, Handy Township Clerk