HANDY TOWNSHIP BOARD OF TRUSTEES

REGULAR BOARD MEETING

DECEMBER 13, 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, Tesch, Redinger, Vaupel.  Absent: None.  Also Present: Attorney Kehoe, Zoning Administrator Anderson, Engineering Technologies-Ken Cousino, Mark and Kate Ruttman, John Dinsmore, John McCurdy, Don Hoag, John and Mary Zalewski, Mike Arnot, Kevin Gaisor, Carl Cyrowski, and Don Culver.

 

Approval of Agenda:

To Add to Zoning Administrator’s Report,  Item 1) Update on Kandow Zoning Violation

To Add to Attorney’s Report, Item 5) Water and Sewer Ordinance Amendments

To Add Under New Business, Item H) 2006 Holiday Schedule

To Add Under New Business, Item I) Snow Removal for Sewer Plant

MOTION VAUPEL SUPPORT REDINGER TO APPROVE THE AGENDA WITH ADDITIONS.  MOTION CARRIED.

 

Show Cause Hearing:

MOTION VAUPEL SUPPORT REDINGER TO GO OUT OF REGULAR BUSINESS SESSION AND OPEN SHOW CAUSE HEARING FOR JOHN AND MARY ZALEWSKI, 6771 SHARPE RD., AT 7:35 P.M.  MOTION CARRIED.

 

Discussion with Mr. and Mrs. Zalewski about the junk car, scrap metal, inoperable farm machinery, and junk piles laying in his yard.  Mr. Anderson reported the junk car had been removed but that the rest remained. 

Mr. Zalewski stated that he is part of the Right to Farm Act and that no violation exists on his property.  He went on to explain that the Right to Farm Act allows farm machinery to be present in the yard and also explained that the scrap metal is actually roofing material.  He felt as though he was being singled out based on other violations he sees in the neighborhood that are not being addressed by the board.

   

MOTION VAUPEL SUPPORT TESCH TO CLOSE THE SHOW CAUSE HEARING AND RETURN TO REGULAR BUSINESS SESSION AT 7:48 P.M.

MOTION CARRIED.

 

A)    John Zalewski, 6771 Sharpe Road, Zoning Violation

MOTION VAUPEL SUPPORT EISELE TO FIND THAT A VIOLATION OF THE HANDY TOWNSHIP ZONING ORDINANCE DOES EXIST ON THE JOHN AND MARY ZALEWSKI PROPERTY, LOCATED AT 6771 SHARPE ROAD, HAVING INOPERABLE PIECES OF MACHINERY CONSISTING OF A ONE WHEEL PLOW LAYING UNDER A TREE AND COMBINES. 

MOTION CARRIED.

 

 

Handy Township Board Regular Meeting Minutes of December 13, 2005

Page 2

 

(Zalewski Show Cause Hearing, continued)

MOTION VAUPEL SUPPORT REDINGER TO GIVE JOHN AND MARY ZALEWSKI 60 DAYS TO WORK WITH ZONING ADMINISTRATOR ANDERSON IN ORDER TO RECTIFY THE SITUATION OR TO PROVE THAT THE FARM EQUIPMENT IS LEGITIMATE.  MOTION CARRIED.

 

Approval of Minutes:

A)    Handy Township Regular Board Meeting Minutes of 11-8-05

On Page 2, Item B), change the date to read November not December

MOTION EISELE SUPPORT REDINGER TO APPROVE THE MINUTES OF THE 11-8-05 REGULAR BOARD MEETING AS AMENDED. 

MOTION CARRIED.

 

B)    Handy Township Special Board Meeting Minutes of 11-8-05 & 11-21-05

MOTION VAUPEL SUPPORT REDINGER TO APPROVE THE MINUTES OF THE SPECIAL BOARD MEETING OF 11-8-05 AS SUBMITTED. 

MOTION CARRIED.

 

MOTION VAUPEL SUPPORT REDINGER TO APPROVE THE MINUTES OF THE SPECIAL BOARD MEETING OF 11-21-05 AS SUBMITTED. 

MOTION CARRIED.

 

Approval of Bills:

MOTION VAUPEL SUPPPORT REDINGER TO PAY THE BILLS OF DECEMBER 13, 2005 IN THE AMOUNT OF $150,990.45 FROM THE APPROPRIATE ACCOUNTS.  MOTION CARRIED.

 

Pending Business:

A)    Utilities Report

a.       Water Meters Update

The engineer reported that the meter reads will be available for metered water billing to take place in January for the last quarter of 2005.

b.      Quote to remove sewer line from McCurdy property

One more quote was obtained by the engineer for removing the sewer line from the McCurdy property.  Before proceeding any further, the board asked that John McCurdy’s signature be obtained for easement onto his property.

 

 

 

 

 

 

Handy Township Board Regular Meeting Minutes of December 13, 2005

Page 3

 

(Pending Business, Item A) Utilities Report, continued)

During the utilities report, the following motions were made:

MOTION EISELE SUPPORT REDINGER TO APPROVE CHANGE ORDER

A-17 WITH F. J. JONES & COMPANY AMENDING THE CONTRACT BY $9,265.58 REVISING FINAL CONTRACT AMOUNT TO $2,894,336.22

AND TO AUTHORIZE THE SUPERVISOR’S SIGNATURE. 

MOTION CARRIED.  ABSTAIN-VAUPEL.

 

MOTION EISELE SUPPORT REDINGER TO APPROVE PAY REQUEST NO. T-10 AUTHORIZING REIMBURSEMENT TO HANDY TOWNSHIP IN THE AMOUNT OF $11,061.05 AND TO AUTHORIZE THE SUPERVISOR’S SIGNATURE.  MOTION CARRIED.  ABSTAIN-VAUPEL.

 

MOTION EISELE SUPPORT TESCH TO APPROVE PAY REQUEST NO. E-16 TO ENGINEERING TECHNOLOGIES CORPORATION IN THE AMOUNT OF $2,958.38 AND TO AUTHORIZE THE SUPERVISOR’S SIGNATURE. 

MOTION CARRIED.  ABSTAIN-VAUPEL.

 

MOTION EISELE SUPPORT TESCH TO AUTHORIZE PAY REQUEST NO. 5 TO DAVIS CONSTRUCTION IN THE AMOUNT OF $14,793.36 AND TO AUTHORIZE THE SUPERVISOR’S SIGNATURE.  MOTION CARRIED.

 

MOTION EISELE SUPPORT TESCH TO APPROVE CHANGE ORDER NO. 2 WITH DAVIS CONSTRUCTION COMPANY AMENDING THE CONTRACT BY $4,406.60 AND REVISING FINAL CONTRACT AMOUNT TO $1,003,856.60 AND TO AUTHORIZE THE SUPERVISOR’S SIGNATURE.  MOTION CARRIED.

 

MOTION EISELE SUPPORT VAUPEL TO AUTHORIZE PAY REQUEST NO. T-2 REIMBURSING ENGINEERING TECHNOLOGIES CORPORATION AND THE VILLAGE OF FOWLERVILLE IN THE AMOUNT OF $216,457.60.  MOTION CARRIED.  (Not all invoices were included in the pay request T-2 from Fowlerville Associates.  Pay Request T-2 was approved for payment by the township board with the exception of Fowlerville Associates invoices totaling $68,385.00)

 

MOTION EISELE SUPPORT VAUPEL TO AUTHORIZE CHANGE ORDER

NO. 1 WITH ROTHENBERGER COMPANY, INC. AMENDING THE CONTRACT BY $9,288.80 AND REVISING THE CONTRACT TO $1,045,709.31 FOR THE W. GRAND RIVER PUMP STATION AND SANITARY SEWER EXTENSION PROJECT AND TO AUTHORIZE THE SUPERVISOR’S SIGNATURE.  MOTION CARRIED.

 

 

 

Handy Township Board Regular Meeting Minutes of December 13, 2005

Page 4

 

(Pending Business, Item A) Utilities Report, continued)

MOTION EISELE SUPPORT TESCH TO AUTHORIZE PAY REQUEST NO E-1 TO ENGINEERING TECHNOLOGIES CORPORATION IN THE AMOUNT OF $10,539.92 AND TO AUTHORIZE THE SUPERVISOR’S SIGNATURE.  MOTION CARRIED.

 

Temporary Grant of Easement (Duane T. and Renate T. Myers)

(For the W. Grand River Sanitary Sewer Extension Project)

MOTION VAUPEL SUPPORT EISELE TO GRANT TEMPORARY EASEMENT CONTINGENT UPON SIGNATURES FROM DUANE T. AND RENATE T. MYERS, AND TO AUTHORIZE THE CLERK AND SUPERVISOR’S SIGNATURES.  MOTION CARRIED.

 

Special Assessment Contracts for W. Grand River Sanitary Sewer Extension Project:

MOTION VAUPEL SUPPORT TESCH TO AUTHORIZE THE SUPERVISOR AND CLERK TO SIGN ON BEHALF ON THE TOWNSHIP BOARD THE SPECIAL ASSESSMENT CONTRACT FOR CHESTNUT DEVELOPMENT, LLC.  MOTION CARRIED.

 

MOTION EISELE SUPPORT VAUPEL TO AUTHORIZE THE CLERK AND SUPERVISOR TO SIGN ON BEHALF OF THE TOWNSHP BOARD THE SPECIAL ASSESSMENT CONTRACT FOR STEELHEAD DEVELOPMENT, LLC. MOTION CARRIED. 

 

MOTION EISELE SUPPORT VAUPEL TO AUTHORIZE THE CLERK AND SUPERVISOR TO SIGN ON BEHALF OF THE TOWNSHIP BOARD THE SPECIAL ASSESSMENT CONTRACT FOR NANCY AND THOMAS STAMP.

MOTION CARRIED.

 

Handy Township Design Standards:

A RESOLUTION WAS OFFERED BY EISELE AND SUPPORTED BY

VAUPEL TO ADOPT THE AMENDMENTS TO THE HANDY TOWNSHIP DEVELOPMENT STANDARDS PLAN TO INCLUDE THE FOLLOWING AMENDMENTS:  1) REVISE THE PRIVATE ROAD ORDINANCE,  2) THE ADDITION OF NON-RESIDENTIAL DESIGN STANDARDS,  3) ADDING STANDARD DETAILS, 4) CORRECTION OF TYPOGRAPHICAL ERRORS,

TO BE EFFECTIVE DECEMBER 13, 2005.  ROLL CALL VOTE.  DENBY-AYE, VAUPEL-AYE, REDINGER-AYE, EISELE-AYE, TESCH-AYE. 

5-AYES.  0-NAYS.  ABSENT: NONE.  ABSTAIN-NONE. 

RESOLUTION DECLARED ADOPTED.

 

 

 

Handy Township Board Regular Meeting Minutes of December 13, 2005

Page 5

 

(Pending Business, continued)

B)    Layton Smith Sewer Project

Covered under Utilities Report.

 

C)    Community Education and Recreation Report

No report.

 

D)    Zoning Administrator’s Report

The board reviewed a letter received from Richard Perry, renter of the property owned by Timothy Kandow, requesting that the board grant him a little more time to move the truck box currently in violation of the zoning ordinance.

MOTION EISELE SUPPORT VAUPEL TO GRANT TIMOTHY KANDOW A 30 DAY EXTENSION UNTIL JANUARY 8, 2006, ALLOWING HIM TIME TO MOVE THE TRUCK BOX AWAY FROM THE PROPERTY LINE. 

MOTION CARRIED.

 

E)     Assessor’s Report

Submitted and reviewed. 

 

F)     Solid Waste Committee

No report.

 

G)    Roads

Supervisor Denby reported of meeting with surrounding township supervisors to discuss roads that need to be targeted for repair.  Their recommendations will be forwarded to the LCRC.

 

H)    Attorney’s Report

a.       Past Due & Shut Off Notice Procedure for Utility Billing

MOTION EISELE SUPPORT VAUPEL TO ADOPT AMENDMENT TO

HANDY TOWNSHIP ORDINANCE NO. 213, UTILITY BILLING, TO BE EFFECTIVE 30 DAYS AFTER PUBLICATION.  ROLL CALL VOTE.

EISELE-AYE, VAUPEL-AYE, REDINGER-AYE, TESCH-AYE, DENBY-AYE.  ABSENT: NONE.  ABSTAIN: NONE.  5-AYES.  0-NAYS.  MOTION CARRIED.

 

b.      Update on Karl Witt (Complaint for Injunctive Relief)

Zoning Administrator Anderson reported the fence has been removed in its entirety from Mr. Witt’s property.

MOTION EISELE SUPPORT REDINGER TO DIRECT TOWNSHIP ATTORNEY KEHOE TO DISMISS THE LAWSUIT AGAINST

TOWNSHIP RESIDENT, KARL WITT, 2188 FOWLERVILLE ROAD,

PARCEL NO. 4705-23-300-003.   MOTION CARRIED. 

 

Handy Township Board Regular Meeting Minutes of December 13, 2005

Page 6

 

(Pending Business, Item H) Attorney’s Report, continued)

c.       Update on Sandra McCubbin

      (Complaint for Injunctive Relief & Sched/Trial Order)

Attorney Kehoe reported that Ms. McCubbin has 21 days to answer the complaint she was served with on November 29, 2005.

Zoning Administrator Anderson reported the unlicensed vehicles are still on the property as of 12-13-05.

No action taken.

 

d.      Transfer of REU’s for James & Anne Garvie

No action taken.

 

e.       Water and Sewer Ordinance Amendments

MOTION EISELE SUPPORT REDINGER TO ADOPT AMENDMENT TO HANDY TOWNSHIP ORDINANCE NO. 211, SEWERS, TO BE EFFECTIVE 30 DAYS AFTER PUBLICATION.  ROLL CALL VOTE.  TESCH-AYE, VAUPEL-AYE, EISELE-AYE, DENBY-AYE, REDINGER-AYE.  ABSENT: NONE.  ABSTAIN: NONE.  5-AYES.  0-NAYS.  MOTION CARRIED.

 

New Business:

A)    Social Security Privacy Policy

A RESOLUTION WAS OFFERED BY VAUPEL AND SUPPORTED

BY EISELE ADOPTING POLICY AND PROCEDURE REGARDING

USE AND DISCLOSURE OF SOCIAL SECURITY NUMBERS TO BE EFFECTIVE JANUARY 1, 2006.  ROLL CALL VOTE.  DENBY-AYE, REDINGER-AYE, VAUPEL-AYE, TESCH-AYE, EISELE-AYE. 

ABSENT: NONE.  ABSTAIN: NONE.  5-AYES, 0-NAYS. 

RESOLUTION DECLARED ADOPTED.

 

B)    Zoning Amendment Z-81-05, Re-Zoning Request from I-1 to MFR

     (Ceraso-Palmer Property, #4705-22-200-011)

MOTION VAUPEL SUPPORT REDINGER TO POSTPONE ANY DECISION ON ZONING AMENDMENT Z-81-05, RE-ZONING OF PROPERTY FROM I-1 TO MFR, CERASO-PALMER PROPERTY, #4705-22-200-011, TO THE REGULAR TOWNSHIP BOARD MEETING OF JANUARY 10, 2006.  MOTION CARRIED.

 

 

 

 

 

 

 

 

Handy Township Board Regular Meeting Minutes of December 13, 2005

Page 7

 

(New Business, continued)

C)    Zoning Amendment Z-82-05, Re-Zoning Request from AR to MFR

      (Hoag Property, #4705-16-300-028)

MOTION VAUPEL SUPPORT EISELE TO POSTPONE ANY DECISION ON ZONING AMENDMENT Z-82-05, RE-ZONING OF PROPERTY FROM AR TO MFR, HOAG PROPERTY, #4705-16-300-028, TO THE REGULAR TOWNSHIP BOARD MEETING OF JANUARY 10, 2006.  MOTION CARRIED.

 

D)    Great Lakes Housing-PILOT Ordinance

No action taken.

 

E)     Supervisor’s Report

Supervisor Denby reported of a donation for the purchase of a defibrillator for the fire department had been received by the township from the Parker Foundation.  A Thank You card is available for all to sign.

 

F)     Treasurer’s Report

Submitted and reviewed.

 

G)    Clerk’s Report

MOTION EISELE SUPPORT VAUPEL TO RE-APPOINT LARRY HUMMEL TO THE ZONING BOARD OF APPEALS FOR ANOTHER 3 YR. TERM ENDING JANUARY 2009.  MOTION CARRIED.

 

H)    2006 Holiday Schedule

MOTION EISELE SUPPORT REDINGER TO ADOPT THE 2006 HOLIDAY SCHEDULE AS PRESENTED.  MOTION CARRIED.

 

I)       Snow Removal – Sewer Plant

MOITON EISELE SUPPORT REDINGER TO CONTRACT WITH KLAUS GARDENING ON A PER SEASON BASIS @ 1 1/2 INCHES OR MORE AT A PRICE OF $750.00 FOR THE SEWER TREATMENT PLANT AND $450.00 FOR THE WATER TREATMENT PLANT AND TO AUTHORIZE THE CLERK TO SIGN THE CONTRACT.  MOTION CARRIED.

 

 

 

 

 

 

 

 

 

Handy Township Board Regular Meeting Minutes of December 13, 2005

Page 8

 

Extended Public Comments:

 

Discussion on inspections fee for water meters.

MOTION EISELE SUPPORT REDINGER TO AMEND THE WATER METER LINE INSPECTION FEE TO $60.00 PER INSPECTION.

MOTION CARRIED.

 

Clerk Eisele reported the new phone system up and running.  She also reported the insurance company issued a check for approx. $5000.00 as settlement for the claim.

 

MOTION VAUPEL SUPPORT TESCH TO ADJOURN THE MEETING AT

10:10 P.M.  MOTION CARRIED.

 

 

 

Laura A. Eisele
Handy Township Clerk