Township Board Minutes - March 4, 2003

Mr. Stuart called the meeting to order at 7:30 p.m. at the Independence Township Library.

Roll Call Present: Kelly, McCrary, Rosso, Stuart, Travis, Wagner, Wenger

Absent: None

None

Motion by Travis, supported by Wagner, to approve the Minutes of February 18, 2003, as submitted. The motion carried unanimously.

Motion by Travis, supported by Rosso, to approve the revised Authorization of the Accounts Payable for Purchase Requisitions, dated March 4, 2003 for the total amount of $48,230.79. The motion carried unanimously.

Motion by Travis, supported by Rosso, to approve the authorization of the Accounts Payable Check Run, dated March 4, 2003, for the amount of $394,024.84. The motion carried unanimously.

Mr. Stuart noted that under New Business, the following items had been removed: item #3: First Reading of a Rezoning Request Approval for Amendment of Oakhurst P.R.D. Phase X- Middlesboro, parcel 08-24-200-003, northeast corner of Clintonville Road and Waldon Roads; item #9: Permission to Post Clerical Position- D.P.W. and item #12: Discussion-2003 Non-Union Benefits. He added the following: item #15: Resolution Declaring Athletes with Physical Disabilities Week; item #16: Appointment to Board of Appeals and "17: Splash Playground Presentation.

Motion by Travis, supported by Wagner, to approve the Agenda as amended. The motion carried unanimously.

Mr. Stuart explained that the Public Forum offers individuals in the audience the opportunity to address the Township Board on an issue that is not on the agenda. He asked that those who wish to speak do so from the podium, state their name and address, and limit their comments to not more than three minutes, understanding that the Board will not necessarily take action on their comments this evening.

No one addressed the Board.

Mr. Stuart opened the Public Hearing at 7:32 p.m.

Steve Joppich, Township Attorney, explained the purpose of this evening’s public hearing. He stated that this public hearing gives the general public with the opportunity to provide input concerning the Sashabaw Road S.A.D. proposal. This is the first of two public hearings to be held. It addresses the improvements that will be taking place to the Sashabaw corridor and addresses the boundaries of the special assessment district. He explained that after this public hearing the Board will consider whether or not it intends to proceed with the S.A.D. At the second public hearing the assessment amount will be addressed. These amounts have not been determined at this time. He stated that tonight’s comments should be limited to the improvements and the district’s boundaries.

Dick Carlisle, Township Planner, and Tom Biehl, Engineering Consultant- HRC, made a presentation regarding the history of the project and what the Sashabaw Road improvement project entails. Mr. Carlisle commented that this road improvement project has come about as a result of 20 years of planning. The current design plan will be highly attractive, enhance adjacent property values and enhance this area of the township. He noted that the drainage improvements, the internal roadway, wetland banking system, as well as aesthetic improvements such as landscaping, paving details, and lighting are not part of the S.A.D. but will contribute to the aesthetic enhancement of the roadway and ultimately the enhancement of property values throughout the corridor.

Mr. Biehl spoke to the engineering aspects, project costs and status of funding. He indicated that the Township applied for federal aid for this project and that this has been procured along with Road Commission shares of the project. He said that he is looking at a bid date for late this year with construction occurring in 2004. He explained that the preliminary engineering has been completed, the environmental assessment of the project has been completed, a FONSI (Finding of No Significant Impact) has been issued for this project, and the right-of-way appraisals and acquisitions are just beginning. The road construction will occur in stages throughout 2004.

He continued that the total estimated project budget is $12,000,000. The federal participation is 80% or approximately $9,600,000. The Road Commission of Oakland County has agreed to a 10% share which is $1,200,000. The local participation is 10% or $1,200,000. The Township has agreed to pay $120,000 of that. The balance to be assessed to the district is $1,080,000. The safety paths, low level lighting and landscaping are considered non-eligible federal project costs. The estimated cost for these items is $1,000,000 which will be covered by the Township. He then shared a map showing the proposed limits of the S.A.D.

David Kramer, Township Assessor, explained that the boundaries of the district are under scrutiny at this point. He has not prepared a special assessment roll at this time. His goal is to provide one that is fair and equitable to all parties involved.

An audience member asked if the individual assessments would be based on land area owned or frontage on Sashabaw.

Mr. Kramer said that he did not think that it would be based on frontage on Sashabaw. He did not feel that that would equitably address all of the uses.

Another audience member commented that his mother had recently purchased a condo at the Links of Independence. He wondered how the cost would be spread out to include the condos that have yet to be purchased or developed.

Mr. Stuart explained that the cost would be spread out throughout the entire development.

An audience member asked why the Lake Waldon subdivision was not being included in the S.A.D.

Mr. Stuart said that when determining the boundaries of a special assessment district, we have to look at direct and indirect benefits. The properties that are included in the S.A.D. have the most direct and indirect benefit of this particular road.

Dr. Jack Shader, DDS, commented that it was unfair that the S.A.D. be responsible for 90% of the Township’s portion when the entire Township will benefit from this particularly since this area is going to be considered the Town Center.

Mr. Joppich reiterated that tonight we are looking at the boundaries of the district and the improvements only and that this is proposed to be spread over a 10-year period.

The owner of Little Dana’s Deli asked what would happen if the S.A.D. is denied.

Mr. Stuart explained that the cost for the improvements is beyond the Township’s means. If the Township can’t come up with the 10% share it would have to advise the Road Commission that it can’t proceed and the project would stop.

The resident of 5690 Bow Point felt that residents of the subdivision on Clintonville Road should also be included in the S.A.D.

Mr. Stuart said that the boundaries of the S.A.D. have been expanded to the furthest extent that is defendable.

Connie Stapleton, Lighthouse agency, asked if special consideration would be given for non-profit agencies.

Mr. Stuart explained that different properties would have different units of benefit.

Casey Lane, Principal at Pine Knob Elementary, had questions that were safety related. She asked if any of the concerns that she had specified in a letter submitted to the Township had been considered or addressed.

Mr. Biehl suggested that they meet individually to discuss how her concerns had been addressed by the Road Commission and incorporated into the design.

Nancy Caruso raised several concerns regarding how the road design will affect her business, who would be responsible for maintenance of the boulevard, landscape, etc., and why there was a need for a special assessment district when gas tax monies are available for such improvements. She said that the Road Commission was not aware of the special assessment district.

Jim Clark, Robertson Brothers, represented the owners of the Links of Independence, expressed his support of the Sashabaw corridor improvements.

Mr. Winship asked what formula was being used to determine the assessment.

Mr. Stuart said that he did not know that yet. That would be presented at the next public hearing. Mr. Winship felt that Pine Knob/DTE Theater should be included in the district since the have a direct impact on the traffic volume on Sashabaw.

Dr. Shader commented again that this was a great plan but he felt that the 90/10% split was inequitable. At this point he felt that he could not say whether or not he objected to the S.A.D. since the monies have not been figured out.

Mr. Joppich explained again that if a person raises an objection tonight, that objection is to the district. Once the district has been established then the Assessor can come up with the amounts. The amounts assessed per each property will be the subject of the next public hearing. This evening the public is also able to make comment with regard to the proposed Sashabaw Corridor improvement project (i.e. is it a necessity, is it a good project, should the Township go forward, etc.). Without a project, without a district, we don’t know what to spread as an assessment on the properties.

Joe Loccrichio, 6074 Campfire Circle, commented that as a developer and resident he feels that this is a project that is well overdue.

John Graven, 4145 Meyers, agreed that this is a great idea. He felt that a greater area should be included in the S.A.D. such as Pine Knob and the adjacent neighborhood.

Mr. Stuart explained again that the design of this district incorporates those properties that have the most direct and indirect benefit. The Township is making a contribution to this project from the general fund because we believe that there is a general benefit from this road to the entire Township. The most direct benefit and the increase in values that will occur in this corridor are to those properties that directly feed into this corridor and those that directly front on the road. Case law and history says that we can defend that. If we go beyond those parameters we can’t defend them. He said that at the next public hearing, if this goes forward, the Township will specify what has been determined as the rationale for the units of benefit and what the specific cost will be per parcel.

Jim Clark, Robertson Brothers, asked why the open area between I-75 and Waldon was not included in the S.A.D.

Mr. Biehl said that there aren’t any improvements being done to that section and that this area has an MDOT limited access right-or-way.

Mike Kohut, 4673 Mesa Court, asked engineering questions with regard to the number of lanes being added and the location of utility lines. He also asked if the development of vacant land would lower the assessment in the future.

Mr. Stuart explained that part of the consideration would be future use of the property.

Dale Verhey, Clarkston Auto Body, felt that there had to be another way to get more money than simply including the business and property owners along that stretch of road since so many individuals use that road.

Ray Kennedy, A. Larson Company, asked if the subdivision that had been excluded was not also benefiting from these improvements.

Mr. Stuart reiterated that the subdivision does not have access at this point to Sashabaw Road.

Mr. Loccrichio asked when the Township would be notified if they were recipients of the beautification grant.

Mr. Biehl indicated that the application for the TE21 grant is due May 1^st. Notification would be received within 90 days of that date.

Dale Verhey asked what would happen to his sign since it is in the road right-of-way.

Mr. Stuart said that he would not lose his sign.

Dr. Shader noted that property owners would be losing part of their land. He asked if they would receive compensation for that.

Mr. Stuart said that the Township is in the process of getting assessments on the properties for the amount of temporary and permanent easement that will have to be taken from some properties. Offers will be made to the property owners to purchase those rights.

Mr. Stuart closed the public hearing at 8:37 p.m.

Mr. Stuart announced that Unfinished Business, item #1: Consideration of Changes in Investment Policy would be moved to the end of the agenda.

Mr. Stuart stated the before the Board was a resolution that declares the intention to move forward with the proposed district, establishes the existence of the district for 10 years, that 8.3 % of the total cost would be assessed, authorizes he to prepare a special assessment roll, and to set the next public hearing.

Mr. Kelly said that he was persuaded by the comments of the property owners within the district. He agreed that this is a great plan and agreed that this will be of great benefit not only to those within the S.A.D. but the entire Township. He suggested that the Township make a larger donation to the project since this is going to be seen as the Town Center. He felt that there should be a greater balance between what should be bourn by the property owners and the Township in general.

Mr. Stuart said that the Township’s donation has varied between 5% and 10%. He noted that this comes from the general township funds. He reminded the audience that the Township will be contributing $1,000,000 to the safety path improvements, lighting, landscaping, etc. which is not included in the S.A.D. Therefore, the Township is making a 10% contribution to the total road project and a 100% contribution (aside from what might be received through grants) to other amenities.

Mrs. McCrary asked at what point the objections should be considered. She has a list of those who object as well as letters that have been received.

Mr. Joppich said that it has to be determined if the number of objections amounts to over 20% of the district. If it appears that over 20% of the district is in opposition then he recommended that the resolution before the Board be tabled.

Mrs. McCrary said that she had over twenty objections.

Mr. Joppich stated that the 20% includes only those properties with road frontage.

Motion by Travis, supported by Wagner, to table. The motion carried unanimously.

At this point Mr. Stuart suggested that items #5 and items #7 be tabled until the next Board meeting since the materials were received late and the Township Board has not had adequate time to review them.

Motion by Travis, supported by Wagner, to table the Sensitive Materials Policy and Fire Records Management Agreement until the next scheduled Board meeting. The motion carried unanimously.

Tom Biehl recommended that the Board award the bid for the booster station equipment package to Flo-Pac/Patterson in the amount of $120,713.00. He also requested that the Board approve an additional $3,000 for the ship’s stair, for safer ingress and egress to the booster station.

Motion by Rosso, supported by Wenger, to award the bid for the booster station equipment package to Flo-Pac/Patterson in the amount of $120,713.00 and an additional $3,000 for the ship’s stair. The motion carried unanimously.

This item was removed from the agenda.

Dick Carlisle presented a proposal for establishing a community garden at McCord Farm the purpose of which would be to provide supervised community service for first-time misdemeanor offenders. He felt that the workers would be adequately supervised and pose no security threat to the community. He noted that the property is well suited to allow farming or gardening to be re-established. The gardening would take place without any adverse impact to the implementation of the McCord Site Master Plan. The garden would encompass at least 10 acres. Food, which is produced, will go to the food bank of Oakland County. He felt that this would be a win-win situation. The community will benefit by active use of the property, food will be produced for the food bank, and offenders will have an opportunity to do something beneficial for the community.

Judge Dana Fortinberry explained that they would be sentencing only nonviolent offenders to this project. Greg Townsend, Assistant Prosecutor, lives just south of the property and has no concerns with this project. She said that she would not introduce this project if she felt that there were any safety concerns for residents in that area.

Judge Michael Batchik talked about the community garden that he established in Novi in 1986 that serves the same purpose. He shared a storyboard with news articles and pictures of the project. The produce from this garden is distributed to the food bank, charitable institutions, retirement homes, etc. in the area. All gardening is done organically. He feels that this is a wonderful sentencing tool and a good alternate sentencing method. A five-hour workday equals one jail day. He stated that electricity and a well will have to be installed to help with production. He introduced Barb Hanke from community corrections who will be responsible for on-site supervision.

Mrs. McCrary felt that this sounded like a wonderful thing and wondered what the Township’s contribution to this would be.

Judge Batchik thought that some of the materials could be donated and that the offenders would do all of the labor.

Judge Fortinberry suggested that during the off-season, offenders could put their skills to use and provide labor for restoration projects, clearing paths, etc. She noted that the garden is self-sustaining and may make money since defendants must pay $15.00 a day to go to the garden as opposed to staying in jail. She hopes to get a court employee to supervise the gardening program on a day-to-day basis.

Bob McGowan, Planning Commission member and owner of Bittersweet Farms, spoke on the need to have fresh produce made available to the Oakland County Food Bank.

Motion by Wagner, supported by Travis, endorsing the concept of a community garden at the McCord Farm and directing the Township to move forward.

Mr. Travis commented that this is an excellent concept and a perfect fit. He fully endorsed the proposal.

Mr. Kelly felt that there was not a down side to this proposal and added that "if you don’t use it, you lose it". He wholeheartedly endorsed the program.

This item was tabled until the next scheduled Board meeting.

Mr. Joppich explained that the general purpose of this is to replace development agreements. Under the Township’s zoning ordinance a re-zoning is usually without specific site conditions. This proposal would provide the option to a developer for a basic P.U.D. or a request for rezoning. It appears that this will be of assistance to the smaller sites.

Mr. Carlisle said that this provides a good tool and alternative to the P.U.D. He felt that it was a good concept and hoped that the Township would move forward with it. He commented that it would solve a lot of problems in the future as the Township looks at more and more difficult properties. It is a means to guarantee the manner in which a site will be developed within the zoning in which it is being requested.

Mrs. McCrary also felt that this was a great idea.

Motion by Travis, supported by Rosso, to support the Planned Rezoning Overlay in concept and to refer it to the Building Department to be scheduled for review by the Planning Commission. Mr. Kelly commented that he was concerned that this will replace rezoning.

Mr. Joppich explained that a developer cannot rezone based on a site plan. He doesn’t have to develop it according to the site plan even after it has been rezoned. The Township cannot force the developer to use this ordinance, it is a personal choice. Sometimes developers come forward with a certain use for a piece of property, however, that use does not fit the zoning district. This ordinance will provide the developer with an option to bring that idea forward. He does not feel that this would be used in a force matter.

Mr. Kelly felt that it would be a mistake for the Township to force this and use it in every case we would then eliminate legitimate requests for rezoning.

Mr. Carlisle said that he was afraid that the Township and Planning Commission would think that every rezoning that comes forward has to go through this. That would be a big mistake.

This item was tabled until the next scheduled Board meeting.

Chief Ronk addressed that Board. He stated that for an extended period of time we have had a vacancy in the position of Captain on Shift 1 and have been operating with an "Acting Captain" in the interim. The testing process, which consisted of a job specific "written exam" followed by an "oral interview" conducted by an independent agency, produced a list of finalists. He recommended that Tom McDonald be promoted to the position of Captain effective March 10, 2003.

Mrs. McCrary asked if the "acting" Captain had done an adequate job.

Chief Ronk said that the "acting" Captain did not assume all of the responsibilities of an actual Captain. He further explained the testing and interview process.

Mrs. McCrary asked if seniority was considered in the decision.

Chief Ronk said that it was not. Promotions are based on a process that is specified in the current contract.

Motion by Rosso, supported by Wenger, to promote Tom McDonald to the position of Captain effective March 10, 2003.

Roll Call AYES: Travis, Wagner, Wenger, Kelly, McCrary, Rosso, Stuart

NAYS: None

This item was removed from the agenda.

Mrs. Richardson addressed the Board. She stated that the Department of Public Works was seeking to purchase a truck through the Oakland County Purchasing Cooperative. They will be eliminating the 1988 GMC truck. She explained that every year the county prepares specifications for vehicles and goes through the entire bidding procedure, then local communities are allowed to purchase vehicles off of the county’s blanket purchase order. The only thing we as a local community have to do is choose the vehicle with the various options offered. We send a purchase order or letter of authorization, showing our intent to purchase from the appropriate dealer, which is Red Holman GMC in this case. Oakland County will then forward the purchase order on to the dealer, with their authorization. She requested that the Board waive the bid process to purchase a 2003 GMC ¾ ton 4x4 Cab and Chassis, with utility body, through the Oakland County Purchasing Cooperative at a cost of $24,296.00. She noted that this is a 2003-budgeted item.

Motion by Travis, supported by Wenger, to waive the bid procedure and authorize the acquisition, through the Oakland County Purchasing Cooperative, of a 2003 GMC ¾ ton 4x4 Cab and Chassis at a cost of $24,296.00 (this is a budgeted item). The motion carried unanimously.

Mr. Stuart recommended that the Township Board approve the re-appointment of Sharron Santala and Henry Hogan and that Terrance Haran be appointed, to replace Gerald Carney, all for the two-year term ending on December 31, 2004. This would be effective immediately.

Motion by McCrary, supported by Rosso, to approve the re-appointment of Sharron Santala and Henry Hogan and the appointment of Terrance Haran for the two year term ending on December 31, 2004, effective immediately. The motion carried unanimously.

This item was removed from the agenda.

Motion by Travis, supported by Wagner, to adopt the following:

WHEREAS, the Charter Township of Independence is committed to quality roads both locally and regionally; and

WHEREAS, the M-15 corridor substantially impacts traffic patters in the Charter Township of Independence; and

WHEREAS, a significant number of residents of the Charter Township of Independence use and are impacted by the traffic patterns and congestion of traffic in our community and our neighboring community of the Charter Township of Brandon; and

WHEREAS, the Charter Township of Brandon is seeking financial assistance and is interested in participating in TEA-3 Funding Program for corridor congestion reduction and safety improvements; and

WHEREAS, the Township Board is in support of a grant application being presented for the M-15 corridor for funding as part of the TEA-3 Funding program;

NOW, THEREFORE, BE IT RESOLVED, that the Township Board of the Charter Township of Independence supports the application for the funding of the M-15 corridor improvements through the TEA-3 Funding Program in an approximate total amount of $140,000,000 with the first stage of $8,000,000 and urge approval of such application.

Mr. Travis was fully in favor of this resolution. He added that there is legislation being put together to try to trump a higher level of governance over the Core of Engineers and EPA to put them back into the position of protecting both navigable and non-navigable waters as well as wetlands.

Motion by Travis, supported by Wenger, to adopt the following:

WHEREAS, The U.S. Army Corps of Engineers and the Environmental Protection Agency have requested public input regarding issues related to what waters are subject to Federal jurisdiction under the Clean Water Act (CWA) and other laws designed to protect the environment and particularly have requested public input regarding how "waters of the United States" shall be defined; and

WHEREAS, Clean water is essential for drinking, for recreational, industrial, commercial and agricultural uses and for aquatic life and wildlife; and

WHEREAS, For 30 years, the Clean Water Act has played an essential role in protecting and restoring our nation’s waterways; and

WHEREAS, This progress would not have been possible if the Act had not applied to all our nation’s waters; and

WHEREAS, A more restrictive definition of the waters subject to the Clean Water Act would be detrimental to the health, safety, and welfare of the Charter Township of Independence for the following reasons:

A. Scientific studies repeatedly show the interconnectedness of surface waters, wetland, and groundwaters. Therefore, adequate protection of navigable waters relies on protection of non-navigable tributaries and adjacent wetlands; and

B. Isolated wetlands provide essential groundwater recharge services. In recent years, Southeastern Michigan aquifer levels have been declining, negatively affecting the amount of water available for residential, commercial and industrial use; and

C. Smaller, isolated wetlands have been shown to provide as many ecological services to the Huron River Watershed as larger wetlands contiguous to waterbodies; and

D. Flood control is dependent on proper management of the entire watershed draining to the Huron River; and

WHEREAS, Enforcement of water protection for isolated, ephemeral, non-navigable or adjacent waterbodies at the state level, without federal support under the Clean Water Act, would be inadequate because:

1. Enforcement by the State of Michigan of existing water protection programs is underfunded and regularly inadequate; and

2. Without the leverage provided by the Clean Water Act requirements, State compliance with water protection rules would be much less likely to occur; and

WHEREAS, The Charter Township of Independence has non-navigable waters that provide recreation for out-of-state visitors;

NOW, THEREFORE, BE IT RESOLVED that the Charter Township of Independence affirms that the definition of U.S. waters subject to the Clean Water Act should include, in addition to traditionally navigable waters, all non-navigable tributaries, intermittent and ephemeral streams, waters that pass through man-made conveyances, and all wetlands whether or not there is a visible connection to surface waters.

Motion by Wenger, supported by Rosso, to adopt the following:

WHEREAS, the annual Michigan Victory Games impact the fundamental values that are essential not only to the performance of physically disabled athletes in competition, but also to achieving their future personal goals; and

WHEREAS, the Michigan Victory Games showcase the joy, confidence and pride of the athletes who participate in them; and

WHEREAS, the Michigan Disability Sports Alliance host the Michigan Victory Games for athletes with physical and/or visual disabilities; and

WHEREAS, the Charter Township of Independence Board of Trustees and the citizens of Independence Township wish to recognize and honor all of our community’s physically disabled athletes for their commitment and dedication to sports and to the sense of well-being and determination it fosters, and to express our support for all citizens with disabilities,

NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of Independence Township, on behalf of the entire community, do hereby proclaim the week of May11-17, 2003, and every third week in May, as ATHLETES WITH PHYSICAL DISABILITIES WEEK in Independence Township, and call upon all of our citizens and guests of our community to join me in recognizing the outstanding contributions made by athletes with disabilities to our City, State and Nation.

FURTHER, to thank the Michigan Disability Sports Alliance for providing such a fine venue for athletes to participate in.

Motion by McCrary, supported by Wagner, to approve the following recommendations:

Current Member Replacement Recommendation:

1) David Katz, Architect 1) Mark Postal, Residential Designer

2) Warren Temple (deceased), Plumber 2) Ronald Patrick Hendren, Plumber

3) Richard Moscovic, Builder 3) Hoyt Frericks, Builder

4) David Provenzano, Mechanical 4) David Provenzano, Mechanical

5) David Hills, Code Official 5) Mitchell Grusnick, Code Official

Mr. Stuart encouraged the Board not to take action on this concept. He suggested that any questions, comments or concerns be directed to Mr. Turk between now and the next Board meeting. At the end of the presentation he asked that the matter be tabled until the next Board meeting.

Mike Turk, Director of Parks and Recreation, presented the concept of constructing a new Spraypark at Clintonwood Park, in memory of Renee Przybylski, who was formerly a Camp Counselor and Supervisor for the Parks and Recreation Department. She passed away from Leukemia in December of 2001. Funds for this spraypark will be secured through donations.

Motion by McCrary, supported by Wenger, to table until April 18, 2003 Board meeting. The motion carried unanimously.

After much discussion, Board members stated the following concerns or suggested changes:

Mr. Stuart suggested that Mr. Wenger take the suggestions as presented and put together another draft for review.

Motion by Travis, supported by McCrary, to table. The motion carried unanimously.

Motion by Travis, supported by McCrary, to adjourn the meeting at 10:40 p.m. The motion carried unanimously.

Respectfully submitted,

Dale A. Stuart, Supervisor

Joan E. McCray, Clerk