HANDY TOWNSHIP REGULAR BOARD MEETING

OCTOBER 12, 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:

Vaupel, Denby, Eisele, Krebs. Absent: Tesch. Also Present: Township Attorney Kehoe, Zoning Administrator Anderson, Maureen Cousino-Engineering Technologies, Sue Ward-Deputy Treasurer, Fred Dillingham-Livingston County Economic Development Council, Tim Johnson-Brighton Post State Police, Susan Demos-Livingston County Press and Argus, Windy Hillier-Community Education and Recreation Board, and residents Joyce Lober, Gloria and Gary Towns, Karen and Robert Dyer, Wanda Hummel, Adam Kroft, Darwin Rettig, Marc, Tracy, and Lexi Pellegrino, Kenny Regal, Richard Collins, Larry and Stacie Golombisby, Ted Karna, Mike Hubert, and a few residents who‘s names where illegible.

Approval of Agenda:

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

CARRIED.

Approval of Minutes:

A) Township Board Regular Meeting of September 14, 2004:

A change on Page 10, last paragraph to remove the word ‘residential’ from the first sentence, to read: Clerk Eisele reported of confusion with the two entrances…’.

MOTION EISELE SUPPORT VAUPEL TO APPROVE THE MINUTES OF THE

SEPTEMBER 14, 2004 REGULAR MEETING AS AMENDED. MOTION CARRIED.

B) Township Board Special Meeting of September 28, 2004:

MOTION VAUPEL SUPPORT KREBS TO APPROVE THE MINUTES OF THE SEPTEMBER 28, 2004

SPECIAL MEETING AS PRESENTED. MOTION CARRIED.

Brief Public Comments:

Officer Tim Johnson-Brighton State Police Post introduced himself and offered a moment for questioning with no reply.

Handy Township Regular Board Meeting Minutes of October 12, 2004 Page 2 (Brief Public Comments, Continued)

Mr. Gary Towns approached the board to express his concerns over the noise being created by his neighbor’s motor cross bikes. He read a letter pertaining to this matter. Mr. Towns reported that the property owner, Marc Pellegrino, had been approached about the problem, but no solutions have been achieved. Mr. Towns stated that the excessive noise interferes with the quality of life and state of mind of the surrounding residents. He also stated that he feels that marketability of the surrounding homes is affected by the continued noise. Mr. Towns requested that Handy Township offer some help to resolve the problem.

Mr. Marc Pellegrino reported of receiving a letter from Handy Township concerning the noise problem. He stated that his 60 acre parcel is zoned Agricultural Residential (AR) and sited a section of the Handy Township Ordinance that stated an allowed use in AR zoned districts is public uses of a recreational nature.

Supervisor Denby reviewed the violation process. Trustee Vaupel reported that a couple of residents had complained to him concerning the noise.

Mr. Towns stated that the noise problem exists almost every night, and other residents agreed.

Mrs. Karen Dyer stated that she lives approximately ½ mile from Mr.

Pellegrino and reported that she can’t sit on her back porch and talk because of the excessive loud noise.

Mr. Robert Dyer asked if a different muffler system could be used to control the noise.

Mr. Mike Hubert reported that he does not want this situation to divide the community. He feels that this is a good family activity and hopes that a solution can be found.

Mrs. Gloria Towns agreed and stated that residents should have the freedom to ride bikes, but also that neighbors should have the freedom to enjoy their property without being constantly disturbed by noise pollution. She also stated that she feels that it affects property values.

Mr. Adam Kroft reported that the riding of bikes is a good activity that helps keep children active. He stated that a lot of area residents use various equipment that can cause other types of noise pollution.

Mr. Pellegrino reported that he has checked the noise levels in different areas of the community and doesn’t feel that it’s a serious problem and he also feels that it doesn’t affect property values.

Trustee Krebs questioned the use of a different muffler system. To which Mr. Pellegrino reported that there is no muffler available that would be quieter.

Residents invited the board members to come to the community to hear for themselves the noise problems that occur when the bikes are being ridden.

Mr. Pellegrino stated that Handy Township does not have a noise ordinance and he feels that the noise problem is a civil matter that may end up in a civil court. He stated that he feels that Handy Township should only be concerned with the property use.

Handy Township Regular Board Meeting Minutes of October 12, 2004 Page 3 (Brief Public Comments, Continued)

Supervisor Denby further reviewed the violation procedures and requested that the board have a chance to review the problem.

Approval of Bills:

Clerk Eisele reported that an additional Fire Department Bill was submitted from the Village of Fowlerville and is not included in the current submitted bills.

MOTION EISELE SUPPORT VAUPEL TO PAY THE BILLS OF OCTOBER 12, 2004 FROM THE APPROPRIATE ACCOUNTS IN THE AMOUNT OF $69,668.43 AND TO APPROVE AN ADDITIONAL $23,204.11 FOR THE ADDED FIRE DEPARTMENT BILL SUBMITTED BY THE VILLAGE OF FOWLERVILLE.

MOTION CARRIED.

Pending Business:

A) Community Education-Recreation Report:

Wendy Hillier-Community Education and Recreation reported on the previously questioned enrollment decline. She stated that the actual enrollment was up, but the percentage of enrollment was down and explained further. She submitted a Recreation Board Meeting update. It was then reviewed.

B) Joint Sewer Services with Village-Committees Report:

Discussion of the Joint Sewer Services Meeting and the process for obtaining applications for on-site sewer systems.

Supervisor Denby reported that she would like to address Pending Business, Item (H) WWTP-Van Buren Road-Engineers Report now, then New Business, Item

(D) Community Development Block Grant immediately after.

H) WWTP-Van Buren Road-Engineer’s Report:

Maureen Cousino-Engineering Technologies reported that the sewer plant is approximately 95% complete. A start-up plan report will be received shortly.

A report of the recent pay requests and change orders was submitted.

Handy Township Regular Board Meeting Minutes of October 12, 2004 Page 4 ( WWTP-Van Buren Road-Engineers Report, Continued)

MOTION EISELE SUPPORT KREBS TO AUTHORIZE PAY REQUEST A-17 TO F. J. JONES & CO. IN THE AMOUNT OF $152,499.83 AND TO AUTHORIZE THE SUPERVISOR TO SIGN THE PAY REQUEST. VAUPEL-ABSTAIN.

MOTION CARRIED.

MOTION EISELE SUPPORT KREBS TO AUTHORIZE CHANGE ORDER A-14 FOR F. J. JONES & CO. FOR THE AMOUNT OF $2,550.37 AND TO AUTHORIZE THE SUPERVISOR TO SIGN THE

CHANGE ORDER. VAUPEL-ABSTAIN.

MOTION CARRIED.

Ms. Cousino submitted a budget/expense report for filing purposes. She then requested direction for the purchase of landscaping trees for residents who’s property was disturbed by the laying of the pipe for the sewer line.

The board directed Ms. Cousino to create a paper trail by using a purchase order.

D) Community Development Block Grant (CDBG):

Mr. Fred Dillingham updated the board on the progress of the Block Grant and stated that all Federal standards of the Grant must be met. He discussed the Smith and VanGilder homes and that the State Historical Society stipulated that the homes be maintained until the jobs created by the Fowlerville Proving Grounds are provided. He reported that residents currently residing on the future proving ground property were given 9 months to relocate. Mr. Dillingham reported that historical and archeological studies had been done. He also reported that equipment is being staged for the ceremonial ground breaking. Handy Township is applying for a loan for the $300,000 match for the million dollar Grant.

Mr. Dillingham reported that the availability of this grant is a great advantage that will provide road and sewer improvements for Layton and Smith Roads.

MOTION VAUPEL SUPPORT EISELE TO AUTHORIZE THE ECONOMIC DEVELOPMENT COUNCIL TO PREPARE AN APPLICATION FOR THE MICHIGAN COMMUNITY DEVELOPMENT BLOCK GRANT

(CDBG) REVOLVING LOAN FUND AND TO AUTHORIZE THE SUPERVISOR TO SIGN THE APPLICATION.

ROLL CALL VOTE: VAUPEL-AYE, KREBS-ABSTAIN, DENBY-AYE, EISELE-AYE. 3-AYES, 0-NAYS, 1-ABSTAIN, 1-ABSENT. MOTION CARRIED.

Handy Township Regular Board Meeting Minutes of October 12, 2004 Page 5

C) Zoning Administrator’s Report:

Submitted. Zoning Administrator Anderson stated that two property developers have approached him concerning new projects. Also, that Centex Homes will be applying for land use permits in the near future. Mr.

Anderson reported that the Red Cedar Farms development located on Owosso Road is scheduled for a public hearing on October 28, 2004.

D) Assessor’s Report:

Submitted and reviewed.

E) Attorney’s Report:

1) Update on Deleting the Affordable Housing Ordinance:

Attorney Kehoe reported that the township need only follow the normal procedure for deleting the Affordable Housing Amendment from the Handy Township Ordinance. Discussion followed.

MOTION EISELE SUPPORT KREBS TO DIRECT THE HANDY TOWNSHIP PLANNING COMMISSION

TO CONSIDER DELETING THE AFFORDABLE HOUSING ORDINANCE. MOTION CARRIED.

2) Information regarding the FEMA map:

Attorney Kehoe reported that the FEMA map is for community enrollment in the national flood insurance program. Supervisor Denby reported that the township is considered Zone ‘C’ which means that Handy Township participates in the flood insurance program, but is not mapped. Attorney Kehoe reported that he will research this matter further.

F) Solid Waste Committee:

None.

G) Roads:

None.

Handy Township Regular Board Meeting Minutes of October 12, 2004 Page 6

H) WWTP-Van Buren Road-Engineer’s Report:

Already addressed under Item (B) Joint Sewer Services with Village.

I) Fire Authority Report:

None.

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

Clerk Eisele reported that the bee hive problem in the second floor north wall at 137 N Grand was resolved. Unfortunately, the hive had to be destroyed and the bees killed.

K) 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.

L) John Fry/Update on Zoning Ordinance Violation:

Supervisor Denby reported of receiving a letter at Representative Joe Hune’s office from Mr. Fry. The letter advised that Mr. Fry had obtained another property and will be moving soon.

New Business:

A) Zoning Amendment Z-92-04: Political Sign Amendment:

Review of Livingston County Planning’s recommendations. Discussion followed.

MOTION EISELE SUPPORT VAUPEL TO RETURN ZONING AMENDMENT

#Z-92-04: POLITICAL SIGNS TO THE HANDY TOWNSHIP PLANNING COMMISSION FOR

FURTHER REVIEW. MOTION CARRIED.

Handy Township Regular Board Meeting Minutes of October 12, 2004 Page 7

B) Zoning Amendment Z-93-04: Land Use Permit/COC Amendment:

Brief review.

MOTION VAUPEL SUPPORT KREBS TO APPROVE ZONING AMENDMENT #Z-93-04, LAND USE PERMIT/COC AMENDMENT TO BECOME EFFECTIVE SEVEN DAYS AFTER

PUBLICATION. MOTION CARRIED.

C) Re-Establish Fire Run/Emergency Run Rates:

MOTION EISELE SUPPORT VAUPEL TO RE-ESTABLISH FIRE RUN AND EMERGENCY RUN RATES TO: FIRE RUN-$978.06, AND

EMS RUN-$300. MOTION CARRIED.

D) Community Development Block Grant (CDBG):

Already Addressed under Pending Business, Item (B) Joint Sewer Services with Village.

E) Supervisor’s Report:

Supervisor Denby reported of the ceremonial ground breaking of the Fowlerville Proving Grounds on October 28, 2004. She also reported on the upcoming Great Lakes Home and Hospice Meeting. Also, of writing a letter of recommendation for Michigan State University, which is applying for a grant to do a growth study.

I) Treasurer’s Report:

Deputy Treasurer Ward discussed the procedure to collect delinquent personal property taxes for Mike Wallace. The taxes have been delinquent for 3 years. Attorney Kehoe stated that he would attempt to resolve the issue.

Handy Township Regular Board Meeting Minutes of October 12, 2004 Page 8

I) Clerk’s Report:

Discussion of entering into a contract with Abraham and Gaffney.

MOTION VAUPEL SUPPORT KREBS TO ENTER INTO A CONTRACT FOR AUDIT SERVICES WITH

ABRAHAM AND GAFFNEY SUBJECT TO THE HANDY TOWNSHIP ATTORNEY’S REVIEW.

MOTION CARRIED.

Extended Public Comments:

Resident Joyce Lober questioned the capabilities of the new Fire Authority and the possibility of decreased insurance rates because of it’s establishment.

Zoning Administrator Anderson reported that Cedar Creek Centre’s sign was taller than the site plan print specs stipulated. He approached the developer and adjustments were made to make the sign comply with it’s prints.

Discussion of noise pollution.

Adjourn:

MOTION EISELE SUPPORT VAUPEL TO ADJOURN THE MEETING AT

9:42 P.M. MOTION CARRIED.

Sandra J. Weaver

Recording Secretary

Laura Eisele

Handy Township Clerk