HANDY TOWNSHIP REGULAR BOARD
MEETING
NOVEMBER 9, 2004
The regular Handy Township Board meeting was called to order by
Supervisor Denby at 7:31 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, Paul Burton, Jr.-Pro Street Auto, LLC.,
Approval of Agenda:
A correction regarding minute approval: Special Meeting Minutes are October 5, 2004,
and Regular Meeting Minutes are October 12, 2004.
To add after approval of minutes, Public
Hearing for CDB Grant.
To address New Business, Item (A) Resolution Authorizing
Submission of a CDBG Application to the Michigan Economic Development
Corporation after the public hearing.
To address a waiver of fees for Laurie Hirth-St
John’s Lutheran Church under Brief Public Comments.
MOTION VAUPEL SUPPORT TESCH
TO APPROVE THE AGENDA AS AMENDED.
MOTION
CARRIED.
Approval of Minutes:
A) Township Board Special
Meeting of October 5, 2004:
A change on Page 2, New Business, Item ( C) Appointment of CPA
Firm, to
read: ….It was decided that using Abraham and
Gaffney for the audit and
continuing with Ray Lemmon, CPA for
accounting services would be the best alternative.
MOTION VAUPEL SUPPORT TESCH
TO APPROVE THE MINUTES OF THE
OCTOBER 5, 2004 SPECIAL
MEETING AS AMENDED. MOTION CARRIED.
Handy Township Regular Board
Meeting Minutes of November 9, 2004 Page 2 (Approval of Minutes, Continued)
B) Township Board Regular
Meeting of October 12, 2004:
MOTION VAUPEL SUPPORT EISELE
TO APPROVE THE MINUTES OF THE OCTOBER 12, 2004
REGULAR MEETING AS
PRESENTED. MOTION CARRIED.
PUBLIC HEARING:
A) Community Development
Block Grant (CDBG):
MOTION VAUPEL SUPPORT TESCH
TO GO INTO THE PUBLIC HEARING TO ADDRESS THE COMMUNITY DEVELOPMENT BLOCK GRANT
AT 7:37 P.M.
MOTION CARRIED.
Mr. Fred Dillingham-Economic Development Council reported that
the grant was for one million dollars.
The funds would be used to: 1) extend sewer down Layton and Smith Roads
to be connected to the Aisin facility just inside the property line, 2) improve
Layton and Smith Roads, 3) relocate utility poles if money is still
available. He reported that the grant
application must be filed by November 17, 2004 along with a resolution from the
Handy Township Board authorizing the submission of the application.
Deputy Treasurer Ward
questioned the relocation of the utility poles if their was
not enough funds to cover the costs. Mr.
Dillingham reported that Aisin Corp. would then be obligated to pay the
costs. Mr. Dillingham also reported that
the $300,000
MOTION
VAUPEL SUPPORT TESCH TO GO OUT OF THE PUBLIC HEARING AT 7:46 P.M.
MOTION CARRIED.
Handy Township Regular Board
Meeting Minutes of November 9, 2004 Page 3
A) Resolution Authorizing
Submission of a CDBG Application to the
The following resolution was offered by Eisele
and Supported by Vaupel:
WHEREAS, the Township of
Handy is requesting a Community Development Block Grant to assist in the
location of Aisin World Corp of America to Handy Township and requires
assistance with public infrastructure improvements including sewer extension,
pump station, utility pole relocation, road gravel and road ditching to service
the Fowlerville Test Track project; and
WHEREAS, this CDBG request
for funding is known as the Fowlerville Automotive Proving Ground/Handy
Township Economic Development Infrastructure CDBG project; and
WHEREAS, the Township of
Handy is requesting $1,000,000 in CDBG funding with a $300,000 local match to
assist with the project funding; and
WHEREAS, The Michigan
Economic Development Corporation makes CDBG funds available to assist communities
in the rehabilitation or placement of public infrastructure and/or facilities
to improve the quality of life and to stimulate economic growth consistent with
the Handy Township Community Development plan described in the application; and
WHEREAS, at least 51% of the
beneficiates of the new jobs created will be low and moderate income persons;
and
WHEREAS, no project costs
will be incurred prior to the formal grant award, completion of the
environmental review procedures and formal, written authorization to incur
costs received from Community Services; and
WHEREAS, the Handy Township
board authorized Fred Dillingham, Executive Director of the Economic
Development Council of Livingston County to complete the Environmental Review
Record and administer the CDBG project and designated Cynthia S. Denby, Handy Township Supervisor as the person to sign the
application forms at the Special Handy Township Board meeting July 20, 2004;
and
THEREFORE BE IT RESOLVED, that this resolution confirm the public discussion
and action taken by the
AYES: 4, NAYS:0, ABSENT: 1, ABSTAIN: 0.
RESOLUTION DECLARED ADOPTED
Handy Township Regular Board
Meeting Minutes of November 9, 2004 Page 4
Brief Public Comments:
Ms. Laurie Hirth-St John’s Lutheran
Church reported of a fund raising car wash to benefit a disabled girl. The funds collected are to be used to
construct a wheel chair ramp for the girl to be used at her bus stop. Ms.
Hirth stated that there was not
enough funds collected to pay for the needed permits and asked that
Attorney Kehoe stated that
waiving the fees would benefit a private individual, therefore, the township is
not able to approve the request.
Approval of Bills:
MOTION VAUPEL SUPPORT TESCH TO PAY THE BILLS OF NOVEMBER
9, 2004 FROM THE APPROPRIATE ACCOUNTS IN THE AMOUNT OF $143,989.78.
MOTION CARRIED.
Pending Business:
A) WWTP-Van Buren
Road-Engineer’s Report:
Ken Cousino-Engineering Technologies
reported on F. J. Jones requesting a Substantial Completion Request. Mr. Cousino
reported that this request was denied due to outstanding completed items. He reported that F. J. Jones was also
requesting that a 2% retainage amount be withheld
instead of the usual
5 % to
which Mr. Cousino advised against.
MOTION
EISELE SUPPORT KREBS TO AUTHORIZE PAY REQUEST A-18 TO F. J. JONES & CO. IN
THE AMOUNT OF $114,653.00 AND TO AUTHORIZE THE SUPERVISOR TO SIGN THE PAY
REQUEST. VAUPEL-ABSTAIN.
MOTION CARRIED.
Mr. Cousino then reviewed the
liquidated damages calculations and a change order request for F. J. Jones
concerning exhaust fans, elimination of handrails, and a raise in the elevation
of the finished grade around the digesters.
MOTION
EISELE SUPPORT TESCH TO AUTHORIZE CHANGE ORDER A-15 FOR F. J. JONES & CO. FOR THE AMOUNT OF $2,221.95 AND TO AUTHORIZE
THE SUPERVISOR TO SIGN THE
CHANGE ORDER. VAUPEL-ABSTAIN.
MOTION CARRIED.
Handy Township Regular Board
Meeting Minutes of November 9, 2004 Page 5 (WWTP-Van Buren Road-Engineer’s
Report, Continued)
Mr. Cousino then requested an
extension of Engineering Technology’s contract.
MOTION
EISELE SUPPORT TESCH TO AUTHORIZE CONTRACT AMENDMENT E-3 IN THE AMOUNT OF
$33,500.00 AND TO AUTHORIZE THE SUPERVISOR TO SIGN THE AMENDMENT.
VAUPEL-ABSTAIN. MOTION CARRIED.
Mr. Cousino then reviewed the ETC
budget and expense report, the ETC Allowance budget, and the Livingston County
Financial Status Report.
1) Smith and
Mr. Cousino presented an agreement
for road funding with the Livingston County Road Commission.
MOTION VAUPEL SUPPORT TESCH
TO ENTER INTO AN AGREEMENT FOR ROAD FUNDING WITH THE LIVINGSTON COUNTY ROAD
COMMISSION FOR THE MAINTENANCE OF LAYTON, DAMMAN AND SARGENT ROADS AND TO
AUTHORIZE THE SUPERVISOR TO SIGN THE AGREEMENT.
MOTION CARRIED.
Mr. Cousino reported that the new
project would be done in two phases. The
first phase is the sewer extension, the second phase
is road improvements.
He also reported that Aisin
Corp. is requesting sewer hookup be available by August of 2005. He then reviewed the preliminary construction
cost estimates and Engineering Technology’s estimated costs.
MOTION VAUPEL SUPPORT EISELE
TO ENTER INTO A CONTRACT WITH ENGINEERING TECHNOLOGIES CORP. FOR THE AMOUNT OF
$173,000 FOR SEWER AND ROAD DESIGN
WORK. MOTION CARRIED.
2) Development Standards
Ordinance:
Review of Ordinance to be adopted by resolution.
A RESOLUTION WAS OFFERED BY
EISELE AND SUPPORTED BY VAUPEL TO ADOPT THE HANDY TOWNSHIP DEVELOPMENTAL
STANDARD ORDINANCE DATED NOVEMBER, 2004 TO BECOME EFFECTIVE 11-10-2004.
ROLL CALL VOTE: VAUPEL-AYE,
TESCH-AYE, EISELE-AYE, DENBY-AYE.
4-AYES, 0-NAYS, 1-ABSENT,
0-ABSTAIN. RESOLUTION DECLARED ADOPTED.
Handy Township Regular Board
Meeting Minutes of November 9, 2004 Page 6 (WWTP-Van Buren Road-Engineer’s
Report, Continued)
3) Utility Billing Software,
Special Assessment Software, Computers, Printers, Office Furniture, Training
for Software:
Mr. Cousino reported that the Centex
development is requesting separate water meters for each home. Discussion followed of the possible ways to
read said meters. Mr. Cousino reported that
MOTION
EISELE SUPPORT VAUPEL TO AUTHORIZE THE CLERK TO PURCHASE BS & A UTILITY
BILLING SOFTWARE FOR A COST OF $1,595.00.
MOTION CARRIED.
B) Community
Education-Recreation Report:
None.
C) Joint Sewer Services with
Village-Committees Report:
Supervisor Denby reported that the
discussion of the last meeting was of financing, funding, and surcharging for
use of the sewer by
Ken Cousino
reported that both Silver Springs and
D) Zoning Administrator’s
Report:
Submitted. Zoning Administrator
Anderson reported that the Centex project has already requested 42 land use
permits. A discussion of possible new
projects followed.
E) Assessor’s Report:
Submitted and reviewed.
F) Attorney’s Report:
Attorney Kehoe reported on the flood insurance program
update. He stated that the maps are now
being updated with a projected finish date of 2007.
Handy Township Regular Board
Meeting Minutes of November 9, 2004
Page 7
G) Solid Waste Committee:
None.
H) Roads:
None.
I) Fire Authority Report:
Supervisor Denby reported that there
are monthly meetings working on the
fire authority taking
responsibility beginning the first of the year.
J)
Clerk Eisele reported that the
painter had misquoted his bid for the
outside brick cleaning. He has also stopped outside painting to be
finished
next spring. No representation was present and no bills
had been submitted.
Discussion followed. It was decided to stop all work until bills
could be
turned into the township for
further action at the next regular meeting.
K) Mike Wallace/Update on
Zoning Ordinance Violation:
Resolved, not addressed.
L) John Fry/Update on Zoning
Ordinance Violation:
Zoning Administrator Anderson reported that he had heard
nothing from Mr.
Fry.
New Business:
A) Resolution Authorizing
Submission of a CDBG Application to the
Ecomonic Development Corporation:
Already addressed after Public Hearing for
CDBG Application.
Handy Township Regular Board
Meeting Minutes of November 9, 2004
Page 8
B) Zoning Amendment Z-95-04:
Rezoning of Property (I-1 to AC) For 8067 Van
It was reported that both the Handy Township Planning
Commission and the
Livingston County Planning
Commission had recommended approval of this
rezoning request.
MOTION EISELE SUPPORT VAUPEL
TO APPROVE THE REZONING AMENDMENT #Z-95-04 FOR
THE C. J. PALMER PROPERTY,
EFFECTIVE SEVEN DAYS AFTER
PUBLICATION. MOTION CARRIED.
C) Extension of Affordable
Housing Ordinance Moratorium:
The following resolution was
offered by Eisele and supported by Vaupel:
WHEREAS, the Handy Township
Board adopted an amendment to the
Zoning Ordinance, Section
16.6 XX, known as the Affordable Housing Ordinance
on July 8, 2003; and
WHEREAS, the Affordable
Housing Ordinance became effective on or about July
22, 2003: and
WHEREAS,
adopted an Ordinance to allow for
the development of Affordable Housing in
WHEREAS, since the
Affordable Housing Ordinance was adopted,
has been the recipient of
applications from numerous Affordable Housing
projects in
WHEREAS, the number of new
housing units proposed for these developments
represents approximately 43 percent of
the Township’s total single family
housing units; and
WHEREAS, since the effective
date of the Affordable Housing Ordinance of
than Affordable Housing; and
WHEREAS, the Handy Township
Board is concerned about the effect that this
extremely disparate ratio of
Affordable Housing single family dwellings to
non-Affordable Housing single family
housing within the Township, and other
concerns related to the general
health, safety and welfare of
and its citizens; and
WHEREAS, the Handy Township
Board previously established a moratorium on any
further Affordable Housing
developments until January 11, 2005.
NO THEREFORE, IT IS HEREBY
RESOLVED THAT:
Housing developments under
Section 16.6 XX until January 11, 2005 for the
reasons set forth in the earlier
resolution and to allow the Township
additional time that it has found to
be necessary to determine what
amendments to the Zoning Ordinance
would be in the best interests of the
Township and its citizens to
help provide a broad base of housing for all
residents and their housing needs.
Yeas: 5, Nays: 0, Absent: 0, Abstain: 0.
RESOLUTION DECLARED ADOPTED.
Handy Township Regular Board
Meeting Minutes of November 9, 2004
Page 9
D) Snow Removal/Winter 2005:
Bids for sidewalk snow removal were reviewed. The following motion was
made:
MOTION VAUPEL SUPPORT KREBS
TO OBTAIN THE SERVICES OF GARY WEAVER, JR TO
PROVIDE SERVICES IN THE
AMOUNT OF $35 FOR SHOVELING SNOW AND $15 FOR SALTING
FOR THE 2004-2005 WINTER
SEASON AS NEEDED. MOTION CARRIED.
E) Supervisor’s Report:
Supervisor Denby reported of
receiving letters from
residents who are interested in
participating in Phase II of the Waste Water
Treatment
System.
F) Treasurer’s Report:
Treasurer Tesch expressed
appreciation for contributions in memory of
1) Software for Delinquent
Personal Property Taxes:
Treasurer Tesch reported of the need
for the Delinquent Personal Property
Tax Software and training.
MOTION EISELE SUPPORT VAUPEL
TO AUTHORIZE THE PURCHASE OF THE SOFTWARE FOR
DELINQUENT PERSONAL PROPERTY
TAXES FROM BS&A IN THE AMOUNT OF $995 AND TO
AUTHORIZE THE TREASURER AND
DEPUTY TREASURER TO ATTEND A ONE DAY TRAINING
PROGRAM AT
A COST OF $195 EACH. MOTION CARRIED.
G) Clerk’s Report:
Clerk Eisele reported on election
results and turnout. She reported that
the township is outgrowing the
use of the VFW hall because of the parking
problems and lines extending outside
of the building. She reported of
conversations with school authorities
concerning holding all elections at
the school.
Handy Township Regular Board
Meeting Minutes of November 9, 2004
Page 10
Extended Public Comments:
Resident Joyce Lober reported that
the Livingston County Press did not
include
Supervisor Denby expressed
appreciation to Trustee Krebs for his work on
the Handy Township Board and
Planning Commission.
Adjourn:
MOTION EISELE SUPPORT VAUPEL
TO ADJOURN THE MEETING AT
9:14 P.M. MOTION CARRIED.
Sandra J. Weaver
Recording Secretary
Laura Eisele
Handy Township Clerk