Township Board Minutes - November 3, 2004

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

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

Absent: Wagner

Mrs. McCrary reported that the Township had a 76.95% turnout for the General Election held yesterday. She thanked all of those who worked the elections, especially the poll workers and her office staff.

Mr. Travis thanked the poll workers and the Township Hall workers for the long hours they put in during the elections. He thanked Mrs. McCrary for recruiting the poll workers and encouraged anyone in the community to become new poll workers. He also wanted to thank the Clarkston Garden Club for planting the shrubs outside the Library.

Mr. Rosso wanted to recognize the high school students who acted as "interns" during the election.

Mr. Wenger thanked the Clerk’s office for their efforts during the election. He stated that the November 1^st State Shared Revenue payment was received in the amount of $442,560.00. For the Township 2004 fiscal year, the amount of the State Shared Revenue received totaled $2,480,000.00. This amounts to a reduction of $229,000.00 from last year’s total. The big difference comes from a reduction in statutory revenue (controlled by the legislature), which was cut $253,000.00 in 2004.

Mr. Stuart stated we need to add under Public Hearing – Right-of-Way Disruption Permit – Innovative Environmental Solutions; under New Business; item #1 - Right-of-Way Disruption Permit – Innovative Environmental Solutions; remove under Consent Agenda; Minutes of October 26, 2004; under Unfinished Business; item #1 – Second Reading and Adoption of a Text Amendment Zoning Ordinance #83, PC#2003-010, Article XXXI, Section 31.07.

Motion by Travis, supported by Rosso, to approve the agenda as amended. The motion carried unanimously.

Individuals in the audience have the opportunity to address the Township Board on an issue that is not on the agenda limiting their comments to not more than three minutes and understanding that the board may not take action this evening.

There were no comments.

Approval of Purchase Orders – dated October 26, 2004, for the gross amount of $635,709.78.

Approval of Accounts Payable Check Run – dated October 26, 2004, for the gross amount of $650,741.91.

Resolution - Waive Recapture of 2002 CDBG Fund:

WHEREAS, the U.S. Department of Housing and Urban Development (HUD) mandates that Community Development Block Grant (CDBG) balances not exceed 1.5 times the current program year allocation sixty (60) days prior to the end of the program year (February 28^th); and

WHEREAS, the Oakland County Board of Commissioners adopted a policy allowing communities to protect funds from their two most recent program years to help comply with this regulation; and

WHEREAS, all un-obligated 2002 and older funds are at risk of recapture December 31, 2004; and

WHEREAS, the Charter Township of Independence may protect unobligated 2002 funds from recapture for one additional year by requesting a waiver; and

WHEREAS, a separate waiver request form must be submitted for each 2002 line item to the Manger of the Oakland County Community and Home Improvement Division no later than Friday, November 26, 2004;

NOW, THEREFORE, BE IT RESOLVED, that the Charter Township of Independence hereby requests to waive recapture of 2002 CDBG funds as follows:

Account Number Project Name Amount

802239-60011-2720 Emergency Rehab $7,637.00

802239-60011-3560 Senior Citizen Vehicle $14,638.11

802239-60011-3552A Senior Center $748.34

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

Public Hearing: Right-of-Way Disruption Permit – Innovative Environmental Solutions

Mr. Stuart opened the public hearing at 7:38 p.m.

Steve Joppich, Township Attorney, gave a brief introduction of this matter. He stated this is an application by Innovative Environmental Solutions, Inc. for a right-of-way disruption use and occupancy permit for purposes of installing three (3) monitoring wells. The ordinance requires a public hearing in connection with the use and occupancy permit. The location of the monitoring wells will be on Bluegrass Drive, Glenburnie Lane and Buttercup Lane rights-of-way in the Clarkston Meadows subdivision. The permits require a bond to be posted in the amount of $5,000 plus fees to be paid. The Township would also sign on to the permit issued for the three (3) weeks they would need to install the equipment. The permits would expire once the monitoring wells were no longer necessary. These were in connection with the MDEQ requirements. They are required to monitor the ground water in these areas.

Mr. Travis asked if the property owners would have their property restored after the installment of the wells to the way it was before.

Mr. Joppich said it is part of the permit.

Mr. Wenger mentioned the firm is in attendance and asked when and how the results were taken and published.

Jerome Meyer, Innovative Environmental Solutions, Inc. stated they had been studying this project for several years. The project is called "Clarkston 28 – Shell Gas Station". They recently had contamination from their underground storage tanks. He explained how they did "vertical profiling".

Mr. Travis asked if they are in the business of "solutions".

Mr. Meyer stated that when the old tanks were taken out several years ago, new double wall tanks were put in. In order to get the tanks in, they had to do a massive dewatering. What’s offsite at the property is below the states clean up threshold for unrestricted residential levels. The contaminate concentrations continue to go down each time they sample.

Mr. Stuart closed the public hearing at 7:48 p.m.

Public Hearing: Community Development Block Grant Program Year 2005 Application

Mr. Stuart opened the public hearing at 7:49 p.m.

Rita Burdick explained that the total amount this year is estimated at $86,351.00. Later on in the meeting the board will approve a resolution with different amounts and percentages in various categories for this funding.

Mr. Stuart closed the public hearing at 7:49.

Approval of CDBG 2005 Application

Ms. Burdick stated that the resolution includes no more than 50% of contributions for public services. The application is quite involved and needs to get to the county by December 1, 2004. The board needs to approve the following resolution:

WHEREAS, at a regularly scheduled meeting of the Township Board on November 3, 2004, a public hearing was held to receive comments regarding the 2005-2006 proposed Community Development Block Grant funding; and

WHEREAS, at said meeting the motion was made by Travis, seconded by Rosso, to approve the 2005-2006 budget in the estimated amount of $86,351 and authorize the Township Supervisor to sign the Application and Sub-recipient Agreement to submit to Oakland County;

NOW, THEREFORE, BE IT RESOLVED that the following programs and percentages have been approved by the Board of Trustees of the Charter Township of Independence to be presented to Oakland County Community Development Division in its application for the 2005-2006 CDBG budget:

Public Services

Transportation for camp $4,500 5.5%

Abused spouses and children 5,000 6.0

Summer camp 4,500 5.5

Social/recreational services for 2,000 2.0

disabled adults/seniors

Senior center director wages 19,000 22.0

Library books (large print), audios 7,000 8.0

Senior citizens vehicle 15,000 17.0

Senior center equipment 22,200 26.0

Emergency rehab 7,151 8.0

$86,351 100.0%

Mr. Stuart moved under New Business, item #2 to item #1.

Motion by Travis, supported by Rosso, to approve the resolution as submitted. The motion carried unanimously.

Right-of-Way Disruption Permit – Innovative Environmental Solutions

Motion by Rosso, supported by Travis, to approve the right-of-way disruption permit which will be implemented by Innovative Environmental Solutions, Inc. as submitted. The motion carried unanimously.

3. Safety Path – M-15 Bridge Reconstruction

Jamie Burton, of HRC stated that he was there to discuss an opportunity through plans of MDOT, in regards to rebuilding the bridge at M-15 & I-75. He stated that this would be an opportunity for the Township to gain a safety path pedestrian crossing over I-75 at the M-15 interchange at the same time MDOT will be rebuilding the bridge. He explained that after a meeting with MDOT showing them our Safety Path Master Plan, they have been able to negotiate what they consider a very attractive deal for the Township. MDOT has already agreed to add the path to their bridge, extend the safety paths north and south out of the limited access highway right-of-way, allow upgraded amenities and pay for the preliminary engineering at an estimated cost of approximately $1.6 million, not including a $300,000 grant they received for the safety paths. But, in order for MDOT to agree to this, they have asked for the Township to complete the paths to the north and south of their project limits so continuity is maintained with the Township’s existing safety path and for the Township to pay for construction engineering on the $300,000 grant portion of the project. MDOT has also offered to set up the bridge design for conduits and foundations for the future installation of decorative lighting, but the Township must commit to installing the lights in a timely manner; upgrade the fencing from the MDOT standard black PVC coated chain link to a more decorative style; both of these items will be at the Township’s cost. The total estimated costs to fund these Township’s commitments, the upgrades and to complete this corridor are approximately $300,600. To move forward with MDOT’s portion of the project, they have requested a cost participation agreement be drafted and entered into by both parties. The minimum cost needed to get MDOT to put the path on the bridge and set up for the future lighting is approximately $85,000. However, we feel this area is one of the gateways into the Township and as such the additional funds to make this a truly beautiful and unique pedestrian facility would serve the community well. Due to the timing of these projects as well as considering our existing commitments with the Safety Path Fund, we are able to fund the complete package.

The committee evaluated several lighting options including the DDA lights on Dixie Highway and the Sashabaw Road lights both north and south of I-75. However, it is our opinion that the Township use a light similar to those recently installed in the Village of Clarkston. It is the Village’s intent to extend their lights to the northern limits as funds become available. As such, by the Township matching this light style on the bridge and eventually completing low level pedestrian lighting from the Village limits, through the bridge project and possibly up to Cranberry Lake Road, a uniform light fixture would provide continuity and aesthetic appeal for this corridor. A decorative fence, like the one that was recommended by Carlisle and Associates, would again dramatically increase the aesthetic appeal of the safety path route and road corridor.

The project is scheduled for 2005. Traffic will be maintained 1 lane in each direction with traffic shifts. The on & off ramps will be open with intermittent closures. The funds will be split between 2005 & 2006.

Mrs. McCrary asked if the funds for the lighting bills will be coming out of the general fund.

Mr. Stuart stated that it would be the decision of the board.

Mrs. McCrary stated that Board should consider if this is a policy decision for future Safety Path lighting too. Mr. Stuart stated that no this and each lighting project and safety path will be considered separately.

Mr. Rosso stated he has been on the Safety Path and feels that this is a great opportunity to connect paths over I-75.

Mr. Kelly asked what the width of the path will be.

Mr. Burton said it would be 14 feet wide on the bridge, down to 10 feet, then to 8 feet to match the Township standard.

Mr. Kelly asked how long the construction will take.

Mr. Burton stated that MDOT will start and finish the project next year. Detouring could be a concern.

Mr. Wenger asked about MDOT doing further construction after rebuilding the bridge.

Mr. Burton stated that MDOT’s plans would go as far as the single drive at Mesquite Creek and north to the Shell station where the approaches will be redone. The Safety Path Committee has reviewed some fencing and light alternatives, but we need to give MDOT the proper specifications as far as the fence. They will set the foundations for the lighting, but we need to give them the proper bolt spacing and to match the lighting in the Village. The fencing that has been recommended is black/aluminum.

Mr. Travis commented that Mr. Stuart’s leadership for this project should be commended. This has always been an obstacle. The community has always commented how pedestrians cannot get into the Village. He is very excited about this project.

Mr. Rosso asked if there would be a cage over the fencing.

Mr. Burton said that MDOT requires some kind of protection; but we are looking at an "s" type cage that is decorative.

Motion by Travis, supported by Rosso, that we commit $300,600 as recommended in Paul Klemm’s letter dated October 28, 2004, and that we would accept the recommendation for the detail #4 illumination so we can give the specifications to MDOT and that the fencing choice be modified and that the Safety Path fund would pay for the lighting expenses on an annualized basis. The motion carried unanimously.

David Lohmeier, member of the Safety Path Committee, stated that this is a very positive project and wanted to thank the Safety Path Committee for their involvement.

Motion by Rosso, supported by Travis, to adjourn at 8:22 p.m. The motion carries unanimously.

Respectfully submitted,

Dale A. Stuart, Supervisor

Joan E. McCrary, Clerk