HANDY TOWNSHIP REGULAR BOARD
MEETING
SEPTEMBER 14, 2004
The regular Handy Township Board meeting was called to order by
Supervisor Denby at 7:34 p.m. in the
Present: Township Attorney
Kehoe, Zoning Administrator Anderson, Ken and Maureen Cousino-Engineering
Technologies, Sue Ward-Deputy Treasurer, Fred Dillingham-Livingston County
Economic Development Council, Dennis Korenchuk-Steelhead Development, Jim
Nyquist-Maner, Costerisan and Ellis, P.C., Jeff Frazier-Brighton Post State
Police and resident Elsa Wlezniak.
Approval of Agenda:
To move New Business, Item (A) Establish an Industrial
Development District, after Brief Public Comments.
To add Item (K) Resolution Establishing Millage Rate:
MOTION EISELE SUPPORT VAUPEL
TO APPROVE THE AGENDA AS AMENDED.
MOTION
CARRIED.
Presentation by Maner,
Costerisan and Ellis, P.C., Certified Public
Accountants:
Mr. Jim Nyquist-Maner, Costerisan and Ellis, P.C. submitted a
proposal from his
Maner, Costerisan and Ellis,
P.C. are currently auditors for the
PUBLIC HEARING:
SHOW
MOTION VAUPEL SUPPORT EISELE
TO OPEN THE SHOW CAUSE HEARING TO ADDRESS THE VIOLATIONS OF JOHN FRY-9915 VAN
BUREN RD. AT 7:45 P.M.
MOTION CARRIED.
Handy Township Regular Board
Meeting Minutes of September 14, 2004
Page 2 (Show Cause Hearing
for Mr. John Fry, Continued)
Zoning Administrator Anderson reviewed Mr. Fry’s violations
which includes
violations of Chapters 1.11,
2.21-D, 4.2D, and 16-II of the
Zoning Ordinance. Mr. Fry’s
violations include 2 families living on one
parcel which is no longer a
farm, numerous amounts of junk and unlicensed
vehicles, and more than one
hundred poultry is being kept on the parcel
which is under 5 acres.
Mr. Anderson reported of receiving complaints from many of Mr.
Fry’s
neighbors, some complaining
more than once.
Mr. Fry reported that he is attempting to move at the present
time. He
apologized for any
inconvenience that his violations may have caused his
neighbors or
his home has been put up for
sale, to which he replied ‘not yet’.
Supervisor Denby questioned if Mr. Fry can begin to clean up
the items that
have been left on his
property, to which he replied that he and his family
are working to do so on a
daily basis. Mr. Fry requested extra
time to be
able to make his planned
move. He stated that in the meantime he
will move
his poultry away from
neighboring homes.
MOTION VAUPEL SUPPORT EISELE
TO CLOSE THE PUBLIC HEARING AT
7:56 P.M. MOTION CARRIED.
MOTION VAUPEL SUPPORT EISELE
TO FIND MR. FRY AT 9915 VAN BUREN RD IN
VIOLATION OF CHAPTERS 1.11,
2.21-D, 4.2-D, AND 16-II OF THE HANDY TOWNSHIP
ZONING ORDINANCE. MOTION CARRIED.
MOTION VAUPEL SUPPORT EISELE
TO ALLOW MR. FRY 6 MONTHS TO RECTIFY THE
VIOLATION PROBLEMS WITH
MONTHLY REPORTS TO THE ZONING ADMINISTRATOR AND
SIGNIFICANT PROGRESS IN THE
CLEAN UP PROCESS WITH EACH REPORT.
MOTION
CARRIED.
Handy Township Regular Board
Meeting Minutes of September 14, 2004
Page 3
Approval of Minutes:
A) Township Board Regular
Meeting of August 10, 2004:
A change on Page 5, under New Business, Item (F), Supervisor’s
Report, to
the second sentence to read….discussing
a fair pay back price due to the
Fowlerville Fire Board for
Cohoctah and Howell townships share of equipment
and turnout gear and
buildings.
MOTION EISELE SUPPORT VAUPEL
TO APPROVE THE MINUTES OF THE
AUGUST 10, 2004 REGULAR
MEETING AS AMENDED. MOTION CARRIED.
B) Township Board Special
Meeting of August 30, 2004:
MOTION VAUPEL SUPPORT EISELE
TO APPROVE THE MINUTES OF THE AUGUST 30, 2004
SPECIAL MEETING AS
PRESENTED. MOTION CARRIED.
Brief Public Comments:
Mrs. Elsa Wlezniak requested that the board consider refunding
her fee
charged for a variance
request. She explained that she had
applied for a
variance to build a 20 foot
deck behind her home. The zoning
administrator
accepted the variance
request without explaining that a 17.7 foot deck could
be constructed and be in
compliance with the ordinance. The
Zoning Board of
Appeals denied the variance
request requiring that the deck not be any
larger than 17.7 foot. Mrs. Wlezniak explained that if she had known
that
the 17.7 foot deck would not
have needed a variance, she would not have even
requested one.
MOTION KREBS SUPPORT EISELE
TO REFUND MRS. ELSA WLEZNIAK THE $400 VARIANCE
FEE DUE TO A HANDY TOWNSHIP
ERROR.
MOTION CARRIED.
Handy Township Regular Board
Meeting Minutes of September 14, 2004
Page 4
A) Establish an Industrial
Development District:
Mr. Fred Dillingham-Livingston County Economic Council reported
that the
Fowlerville Proving Grounds
developer is requesting that the project
property be established as
an Industrial Development District. This
would
require a public hearing to
be set for a special meeting on September 28,
2004 at 7:00 p.m. with
publication on September 20, 2004.
A RESOLUTION WAS OFFERED BY
EISELE AND SUPPORTED BY VAUPEL TO ADOPT THE
RESOLUTION SETTING A PUBLIC
HEARING FOR THE ESTABLISHMENT OF AN INDUSTRIAL
DEVELOPMENT DISTRICT WITH
THE WORDING AMENDMENT OF ‘AS REQUIRED BY LAW’
BEING ADDED TO THE FIRST
PARAGRAPH UNDER ‘NOW, THEREFORE, BE IT HEREBY
RESOLVED AS FOLLOWS:
ROLL CALL VOTE - VAUPEL-AYE,
EISELE-AYE, TESCH-AYE, KREBS-ABSTAIN,
DENBY-AYE. 4-AYES, 1-ABSTAIN, 0-ABSENT. RESOLUTION ADOPTED.
RESOLUTION SETTING PUBLIC
HEARING
FOR THE ESTABLISHMENT OF AN
INDUSTRIAL DEVELOPMENT
DISTRICT
Offered by EISELE, supported by VAUPEL, the adoption of the
following
resolution:
WHEREAS, Act 198 of the Public Acts of Michigan of 1974, as
amended (“ACT
198”) provides for the
establishment of industrial development districts in
local governmental units and
also provides, within such districts, an
exemption from certain ad
valorem property taxes as an incentive to
industries to build and
acquire new facilities: and
WHEREAS, the Township has received a request from the Owners of
the
involved property for the
establishment of an industrial development
district; and
WHEREAS, ACT 198 requires that prior to the establishment of an
industrial
development district the
Township Board, after notice as provided in Act
198, hold a public hearing.
NOW, THEREFORE, BE IT HEREBY RESOLVED AS FOLLOWS:
1. That a public hearing
shall be held on September 28, 2004 at 7:00 p.m.
local time, in the Township
Hall at 137 N. Grand, Fowlerville,
consider the establishment
of an industrial development district for the
Applicant at which public
hearing the Applicants and any other resident or
taxpayer of the Township
will be given and afforded an opportunity to be
heard as required by law.
2. That not less than seven days before the public hearing,
notice of the
public hearing in the form
attached hereto as Exhibit A shall be (a) mailed
by certified mail to the
owners of real property within the proposed
industrial development
district and (b) published in the Fowlerville News
and Views, a newspaper of
general circulation in the Township.
3. That all resolutions or parts of resolutions in conflict
herewith are
rescinded.
YEAS: EISELE, DENBY, TESCH, VAUPEL.
NAYS: NONE.
ABSTAIN: KREBS.
ABSENT: NONE.
RESOLUTION DECLARED ADOPTED.
Handy Township Regular Board
Meeting Minutes of September 14, 2004
Page 5
Approval of Bills:
MOTION VAUPEL SUPPORT EISELE TO PAY THE BILLS OF
SEPTEMBER 14, 2004 FROM
THE APPROPRIATE ACCOUNTS IN
THE AMOUNT OF $52,583.63.
MOTION CARRIED.
Pending Business:
A) Community
Education-Recreation Report:
None.
B) Joint Sewer Services with
Village-Committees Report:
Mr. Ken Cousino-Engineering Technologies reported on meetings
with the
Handy Township Sewer
Committee and the
discussed extending the
Village’s public utilities into the township.
Mr. Dennis Korenchuk-Steelhead Development reported of his plan
to
establish separate community well and septic systems
for his affordable
housing project north of the
Village. He stated that the systems will
be
designed to possibly connect
with the Village utilities at a later date.
Mr. Cousino reviewed his memorandum concerning the Waste Water
Treatment
Plant. He stated that the new completion date will
be sometime at the end
of October. He also reviewed cost issues.
Mr. Cousino reported that the Red Cedar Development has almost
completed
water and sewer
infrastructure and is now having gas lines being extended to
the development.
Mr. Cousino also reporting of continuing work on the
Developmental
Standards Ordinance. He reported that
developing an escrow fund to
provide extra funds for future replacement of
private sewer and well
projects. Attorney Kehoe was directed to
research
the procedure of setting up
said funds.
Maureen Cousino submitted and reviewed pay requests and change
orders for
the Waste Water Treatment
Plant Project. She also reviewed a
budget and
expense report.
MOTION EISELE SUPPORT KREBS
TO AUTHORIZE PAY REQUEST A-16 TO F. J. JONES &
PAY REQUEST. VAUPEL-ABSTAIN.
MOTION CARRIED.
Handy Township Regular Board
Meeting Minutes of September 14, 2004
Page 6 (Joint Sewer Services
With Village, Continued)
MOTION EISELE SUPPORT TESCH
TO AUTHORIZE CHANGE ORDER A-13 FOR F. J. JONES &
CO. FOR THE AMOUNT OF $4,080.78 AND TO AUTHORIZE
THE SUPERVISOR TO SIGN THE
CHANGE ORDER. VAUPEL-ABSTAIN.
MOTION CARRIED.
MOTION EISELE SUPPORT KREBS
TO AUTHORIZE PAY REQUEST E-10 TO ENGINEERING
TECHNOLOGIES IN THE AMOUNT
OF $68,022.90 AND TO AUTHORIZE THE SUPERVISOR TO
SIGN THE PAY REQUEST.
VAUPEL-ABSTAIN. MOTION CARRIED.
C) Zoning Administrator’s
Report:
Submitted. Zoning Administrator Anderson stated that the
Fowlerville
Proving Ground Site Plans
have been submitted for site plan review.
D) Assessor’s Report:
Submitted
E) Solid Waste Committee:
None.
F) Roads:
Supervisor Denby reported that the next chloride application is
scheduled
to be done during the week
beginning September 20, 2004.
G) WWTP-Van Buren
Road-Engineer’s Report:
Already addressed under Item (B) Joint Sewer Services with
Village.
H)
None.
Handy Township Regular Board
Meeting Minutes of September 14, 2004
Page 7
I)
137 N. Grand Building):
Clerk Eisele reported of having two companies evaluate the hive
on the
second floor north wall at
137 N Grand. Neither company will accept
the job
because of the magnitude of
the hive which is at least 6 foot wide.
She
reported that another
company is scheduled to view the hive.
Member Krebs
requested that the clerk
further research the possibility of having the hive
moved.
I) Mike Wallace/Update on
Zoning Ordinance Violation:
Zoning Administrator Anderson reported that Mr. Wallace is
currently in
violation of the zoning
ordinance. A new violation process will
need to be
initiated.
New Business:
A) Establish an Industrial
Development District:
Addressed after Brief Public Comments.
B) Handy Township Fee Policy
Amendment:
Clerk Eisele reported of the need to include Zoning and
Rezoning Amendments
to the Fee Policy.
MOTION EISELE SUPPORT VAUPEL
TO AMEND THE FEE POLICY FOR PROJECTS REQUIRING
SITE PLAN APPROVAL TO INCLUDE
ZONING AND REZONING AMENDMENTS. MOTION
CARRIED.
Handy Township Regular Board
Meeting Minutes of September 14, 2004
Page 8
C) Basic Technologies, Inc.
Report from
Clerk Eisele reported of finding two references who are
currently using the
Document Imaging
System. She reported that both
references highly approve
the system. Discussion followed of the costs involved and
the need for such
a system due to the major
growth of
MOTION EISELE SUPPORT VAUPEL
TO PURCHASE THE BASIC TECHNOLOGIES DOCUMENT
IMAGING SYSTEM AS PROPOSED
FOR THE AMOUNT OF $15,425.00. MOTION
CARRIED.
D) Handy Township Wastewater
Treatment Plant/Proposed Operations and
Maintenance Agreement for
Wastewater Facilities:
Submitted. No Action
Needed.
E) Zoning Amendment
#Z-63-04, RE: Signs:
Clerk Eisele expressed her disapproval of the new regulations
concerning
this amendment. She reported that she felt that it would
cause a hardship
to business owners who are a
part of multiple businesses in one building
being that the signage would
be small. She stated that the amendment
regulations were too
restrictive, would be hard to read, and that policing
the signage sizes would be a
problem. Discussion that signage should
always
be included in site plan
reviews. Member Vaupel expressed his
feelings that
now is a good time to start
signage restrictions so that all business
signage would be
uniform. He stated that he agreed with
the new amendment
regulations.
A review of the Planning Commission and Planner’s
recommendations followed.
MOTION KREBS SUPPORT VAUPEL
TO ADOPT ZONING AMENDMENT #Z-63-04 REGARDING
SIGNAGE TO BECOME EFFECTIVE
7 DAYS AFTER PUBLICATION.
ROLL CALL VOTE: DENBY-AYE, EISELE-NAY, KREBS-AYE, VAUPEL-AYE,
TESCH-AYE. 4-AYES, 1-NAY, 0-ABSENT. MOTION CARRIED.
Handy Township Regular Board
Meeting Minutes of September 14, 2004
Page 9
F) Zoning Amendment
#Z-64-04, RE: Lighting:
Discussion that the Planning Commission recommended that the
lighting
language be incorporated
into the Development Standards Ordinance.
General
agreement to this was
expressed.
MOTION KREBS SUPPORT VAUPEL
TO DENY ZONING ORDINANCE #Z-64-04 REGARDING
LIGHTING. MOTION CARRIED.
G) Zoning Amendment
#Z-65-04, RE: Driveway Setbacks:
Discussion that the Planning Commission recommended the
elimination of the
language concerning driveway
widths and replace it with ‘driveway widths are
to follow Livingston County
Road Commission standards‘. Further
review of
the amendment followed.
MOTION VAUPEL SUPPORT KREBS
TO ADOPT AMENDMENT #Z-65-04,
RE: DRIVEWAY SETBACKS
EFFECTIVE 7 DAYS AFTER PUBLICATION.
MOTION CARRIED.
H) Supervisor’s Report:
None.
I) Treasurer’s Report:
Submitted and reviewed. Treasurer Tesch reported that September
14, 2004
(today) was the last day for
summer tax collection.
I) Clerk’s Report:
Clerk Eisele discussed the Affordable Housing Ordinance
Moratorium and that
the end of it is fast
approaching. She appreciates the time
the Planning
Commission is spending on
amending the ordinance but feels that rather than
spend anymore time trying to
amend the ordinance, maybe it would be more
beneficial to delete it from
the zoning ordinance. She explained that
there
are currently 5 site plans
awaiting review by the Planning Commission.
Two
have preliminary approval
which will provide approximately 524 affordable
homes for the township. If the other 3 site plans receive approval
this
will provide another 190
affordable homes. A total of 714
affordable homes
in Handy Township. She stated that that is
Handy Township Regular Board
Meeting Minutes of September 14, 2004
Page 10 (Clerk’s Report,
Continued)
approximately 20% of the
homes in the township. A nice mixture of
housing
for the township.
Discussion followed amongst the board members in relation to
deleting the
affordable housing ordinance
from the township zoning ordinance.
There was
a general agreement that 20%
affordable homes in the township provided a
nice mixture of housing for
the community. Further discussion on
waiting to
see the final outcome of the
5 site plans awaiting review by the Planning
Commission. If warranted, the board may consider starting
the process over
with a new affordable
housing ordinance.
A suggestion was made that the township attorney research the
idea of
deleting the ordinance.
MOTION KREBS SUPPORT EISELE
TO DIRECT THE HANDY TOWNSHIP ATTORNEY TO
RESEARCH THE PROCESS TO
ELIMINATE THE AFFORDABLE HOUSING SECTION FROM THE
HANDY TOWNSHIP ZONING
ORDINANCE.
MOTION CARRIED.
Discussion of incorporating some type of less expensive housing
into the
PUD ordinances.
Clerk Eisele reported of the need for door bell ringers for the
front and
back door at 137 N.
Grand. She submitted an estimate from
Crampton Electric
MOTION KREBS SUPPORT VAUPEL
TO CONTRACT WITH CRAMPTON ELECTRIC FOR THE
AMOUNT OF $156 TO INSTALL
DOOR
MOTION CARRIED.
Clerk Eisele requested that payroll pay dates be changed to the
1st week of
every month instead of the
present policy of waiting until the second
Tuesday of each month. No objection expressed.
MOTION EISELE SUPPORT VAUPEL
TO AUTHORIZE PAYROLL TO BE PAID WITHIN THE
FIRST WEEK OF EACH
MONTH. MOTION CARRIED.
Clerk Eisele reported of residential confusion with the two
entrances of
into individual offices
would be a much better setup. The clerk
was then
directed to have a builder
give an opinion on the idea.
Handy Township Regular Board
Meeting Minutes of September 14, 2004
Page 11
K) Resolution Establishing
Millage Rate:
A RESOLUTION WAS OFFERED BY
EISELE AND SUPPORTED BY VAUPEL TO ESTABLISH THE
MILLAGE RATE OF 1.8674 FOR
THE 2004-2005 TAX YEAR.
ROLL CALL VOTE: VAUPEL-AYE, KREBS-AYE, DENBY-AYE, EISELE-AYE,
TESCH-AYE. 5-AYES, 0-NAYS, O-ABSENT. RESOLUTION ADOPTED.
RESOLUTION ESTABLISHING
MILLAGE RATE
At a regular meeting of the
Township Board of the
Fowlerville, Michigan, On
September 14, 2004 at 7:30 p.m. Eastern Standard
Time, there were
Present: EISELE, VAUPEL,
DENBY, TESCH, KREBS.
Absent: NONE.
The following resolution was
offered by EISELE and supported by VAUPEL,
WHEREAS, the Township of Handy
having caused the necessary information to be
reviewed and compiled
regarding the possibility of raising additional
revenues through an increase
in the millage rate in accordance with MCL
211.24e; and
WHEREAS, the proposed tax
rates and millage increase were included with the
7-1-04 thru 6-30-05 General
Fund Budget Public Hearing held on June 8, 2004,
at 7:30 p.m., in the Handy
Township Board Room, and
NOW THEREFORE, it is hereby
RESOLVED as follows:
1. That the Township of
Handy establish the proposed millage rate of 1.8674
for the 2004-2005 year.
A vote upon the foregoing
resolution was taken, and the results were as
follows:
YEAS: EISELE, DENBY, VAUPEL,
TESCH, KREBS.
NAYS: NONE
ABSENT: NONE.
Resolution declared
adopted. September 14, 2004.
Handy Township Regular Board
Meeting Minutes of September 14, 2004
Page 12
Extended Public Comments:
Officer Jeff Frazier representing the Brighton Post of
Livingston County
State Police entertained
questions from the board concerning the State
Police and Livingston County
Police Departments.
Deputy Treasurer Ward expressed gratitude to the clerk for her
proposal to
eliminate the Affordable
Housing Ordinance. She also expressed
gratitude to
Engineering Technologies for
their many contributions to township projects.
Adjourn:
MOTION EISELE SUPPORT VAUPEL
TO ADJOURN THE MEETING AT
10:43 P.M. MOTION CARRIED.
Sandra J. Weaver
Recording Secretary
Laura Eisele
Handy Township Clerk