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081604 Regular MeetingCHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES, REGULAR MEETING, MONDAY, AUGUST 16, 2004 1 -3. CALL TO ORDER. The Charter Township of Orion Board of Trustees held a regular meeting on Monday, August 16, 2004, at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. Supervisor Dywasuk called the meeting to order at 7:00 p.m. All rose for the Pledge of Allegiance. Supervisor Dywasuk read a quotation from Father Casey for the Invocation. BOARD MEMBERS PRESENT: Dywasuk, Bastian, Fetzer, Gingell, Tomczak, Wilsher. ABSENT: Marleau. OTHERS PRESENT: Jerry Moon Frank Kunz Kathy Wieland Edward M. Peters David F. Baryla Rosalie Ward Bob Jones Norma Remer Penny S. Shults J. Neidwiecki Fred Adams Karen Adams Ron Neidwiecki Jill Verros Jim Stevens Judy Hatton Robert Steinheiser Peg Otterstetter Robert Otterstetter Melvin Murley JaeAnn Murley Tracy Cornacchia Mary Anne Wirth Dan Myslakowski Bob Ladensack Mary Ladensack Joe Geraci Karen Schadel Rob Schadel Luanne Offer Tina Tacey Dustin Elliott Alice Young M. Elaine Wood Leroy Thatcher Katherine Thatcher Marge Hodges Lois Whitham Renee McLaughlin Rock Blanchard Dianne Galvin Robert Galvin Lillian Hutchison Hannelore Frey Jerry Dyczkowski Noreen Dyczkowski David Peters Cindy Fraga Joseph Corlett Bill Kokenos Jane Nido Sylvia Graham Mark Cima Don Krezenski Kathy Krezenski Diane Taipalus Kathleen Sutton Louise Scott Jill Gayford Joe Fraga II Brian Kelly Steve Ferrell Ruth Ferrell Margo Butki Ernie Butki Ken Thomas Sue Thomas Virginia Stagner Joe Boyle Sandy Boyle John Steimel Gene Yeglinski Bev McManus Paula Kipila John Garlicki Mark Hoover Patty DeLaura Roar Sand Ruth A. Coss U. Andre Michael M. Sharpe Phillip Stockley Melanie Stockley Susan Meyer Jan Kuehner Hans Kuchner Mike Stafford Ken Brown Peggy Osborne Colleen Hanson Christina Anderson Herman J. Oakes Dennis Bush Mark Harding Beth Harding Neal Porter Dave Nykanen Kathi Levine Bruce Levine Modris Pudists Ruth Pudists Doug Chase James Stephen Dave Adams Susan Adams Gail Kunz Michael Bzdok Bob Blanchard Marilyn Paul sen-Tomaszewski Jim Delavan Steve Jacob CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES, REGULAR MEETING, MONDAY, AUGUST 16, 2004 4. APPROVAL OF BILLS. Clerk Bastian expressed concern regarding charges of more than $600, to date, by the Labor Attorney staff related to preparing documents for Township compliance with HIPAA, when it had recently been determined that the Township is already in compliance because of the few number of employees involved in the Flexible Benefits Plan. Moved by Tomczak, seconded by Fetzer, to authorize payment of the bills dated July 20, 2004, July 21, 2004, July 26, 2004, July 29, 2004, August 3, 2004, August 4, 2004, August 10, 2004, and August 12, 2004, in the total amount of $1,274,310.05, including all computer - generated and manual checks. AYES: Wilsher, Gingell, Dywasuk, Tomczak, Fetzer. NAYS: Bastian. ABSENT: Marleau. MOTION CARRIED: 5 -1. 5. BRIEF PUBLIC COMMENT. Dan Myslakowski, 2566 Browning Drive, commended the citizens who voted in the August 3rd Primary Election. He reminded all citizens to let their voices be heard in the November 2nd General Election. [Orion Township had a voter turnout of 24.16 %, which was higher than the County average.] Jim Delavan, 717 Miller Road, offered special thanks to several doctors who recently saved his life for the eighth time. He believes that the citizens have indicated to the Board that they do not want a Community Center. He feels that it is a violation of "separation of church and state" when voting precincts are located in church buildings. [Voting precincts must be located in public buildings; schools, fire halls, and churches are examples of types of public buildings that may be used.] Lillian Hutchison, Baldwin Road, expressed concern related to the Gingellville Community Center tax assessment matter, specifically why, on the last day that the matter could be resolved between the two parties (GCC and Township), were questions just now being asked of GCC, with a request to provide additional documentation; also, when GCC members asked for copies of Township records, they were told that by the Assessing Department that the files are now "missing ". Ms. Hutchison reiterated once again that the building has always been made available to community groups, at no charge, including the Township Fire Department to hold benefit events. She would like to see the matter of GCC's non - profit status resolved. Renee McLaughlin, 3208 Hickory Drive and representing Township clerical employees, stated that Orion Township clerical union employees have been working since December 31, 2002 without a contract. She requested the Board to settle the contract. Further she requested Board members to look at the most recent wage /benefit study which was compiled by a joint management /employee committee, indicating that the issue is one of compensation fairness. 6. APPROVAL OF AGENDA. Moved by Gingell, seconded by Wilsher, to Add 8H. Renewal of Solicitor's License: William Watson, to allow the Board an opportunity for discussion of Mr. Watson's request for an additional sixty (60) days. AYES: All. NAYS: None. ABSENT: Marleau. MOTION CARRIED: 6 -0. 2 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES, REGULAR MEETING, MONDAY, AUGUST 16, 2004 Moved by Gingell, seconded by Tomczak, to approve the Agenda, with the following amendments: Add 8H. Renewal of Solicitor's License: William Watson Remove 8D. LOLA Buoy Replacement Program, at request of petitioner. Move to 7L. Parks Maintenance Crew Leader — Job Description to 8I. Move 7M. Mileage Reimbursement for Meals on Wheels Drivers to 8J. Move 7R. Employee Retirements to 8K. Move 7T. Orion Area Youth Assistance (OAYA) Board Member Appointment to 8L. AYES: All. NAYS: None. ABSENT: Marleau. MOTION CARRIED: 6 -0. 7. CONSENT AGENDA. A. Minutes, Regular Meeting, Monday, July 19, 2004. Approved the minutes, as submitted. B. Minutes, Public Hearing, Monday, July 19, 2004, Parkview Blvd. Chloride #1 SAD. Approved the minutes, as submitted. C. Minutes, Public Hearing, Monday, July 19, 2004, Square Lake #2 (Algae Control) SAD. Approved the minutes, as submitted. D. Minutes, Public Hearing, Monday, July 19, 2004, CDBG Reprogramming. Approved the minutes, as submitted. E. Minutes, Public Hearing, Monday, July 19, 2004, Proposed Land Use Change. Approved the minutes, as submitted. F. Minutes, Special Joint Meeting, Wednesday, July 21, 2004, Cliffs of Orion PUD and Rezoning. Approved the minutes, as submitted. G. Request for Temporary Street Closure: Ridgeview Circle, Paint Creek Ridge Sub. Block Party. Adopted the resolution allowing the temporary closure of 1395 -1458 Ridgeview Circle (a cul -de -sac), Paint Creek Ridge Subdivision, on Saturday, August 28, 2004, (with a rain date on August 29, 2004) from 2:00 p.m. to 5:00 p.m., to hold a subdivision block party, as presented. H. Request for Temporary Street Closure: Trailway Ct., Paint Creek Ridge #3 Sub. Block Party. Adopted the resolution allowing the temporary closure of Trailway Ct. and 908 -920 Ridgeview Circle, Paint Creek Ridge #3 Subdivision, on Saturday, August 28, 2004, (with a rain date on August 29, 2004) from 3:00 p.m. to 8:00 p.m., to hold a subdivision block party, as presented. L Request for Temporary Street Closure: Solar Dr., Keatington Woods Subdivision Block Party. Adopted the resolution allowing the temporary closure of Solar Court (a cul -de -sac), in Keatington Woods Subdivision, on Saturday, September 11, 2004, from 2:00 p.m. to 8:00 p.m., to hold a subdivision block party, as presented. 3 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES, REGULAR MEETING, MONDAY, AUGUST 16, 2004 J. Request for Temporary Street Closure: Brentwood Dr., The Preserve Subdivision Block Party. Adopted the resolution allowing the temporary closure of Brentwood Drive (a cul- de -sac), The Preserve Subdivision, on Sunday, September 5, 2004, from 4:00 p.m. to 10:00 p.m., to hold a subdivision block party, as presented. K. Solicitation Request: David Peters, Ice Cream Sales. Approved the solicitation request from David Peters for a solicitor's license to sell ice cream from a truck, with it being noted that a completed application had been submitted, and pursuant to Ordinance No. 95, Peddlers and Solicitors Regulation Ordinance. L. (Moved to 81) Parks Maintenance Crew Leader — Job Description. M. (Moved to 8J) Mileage Reimbursement for Meals on Wheels Drivers. N. Clarkston Road Safety Path Repair (Pine Tree to Lapeer Road/M -24). Authorized Orchard, Hiltz & McCliment to prepare specifications and seek bids for the repair and overlay of the existing safety path on the north side of Clarkston Road, from Pine Tree to Lapeer Road (M- 24). O. Appointments to Safety Path Advisory Committee. Appointed Michael Brinkmann and Edwin McBride to fill vacancies on the Safety Path Advisory Committee, for terms to expire on April 30, 2006. P. Annual Michigan Society of Planning (MSP) Conference. Approved attendance by any Township Board, Planning Commission, ZBA member or appropriate staff (with approval of the Supervisor) at the 2004 Annual MSP (Planning) Conference scheduled for September 29, 2004 through October 2, 2004, at the Grand Traverse Resort at a cost of $310 per person, plus housing and meals, and to pay necessary registration fees and expenses. Q. MTA Fall District Meeting. Approved attendance by any Township Board or appropriate staff member (with approval of the Supervisor) at the MTA Fall District Meeting scheduled for September 24, 2004 at the Thomas Edison Inn, Port Huron, and to pay necessary registration fees and expenses. R. (Moved to 8K) Employee Retirements. S. West Nile Virus Fund Resolution and Expenses. Adopted the Resolution Authorizing West Nile Virus Fund Expenditure Reimbursement Request, authorized the continued mapping of Orion Township's storm sewer structures by OHM at a cost not to exceed $35,000, and a cost not to exceed $11,000 for Advance Pest Management's services as listed in Attachment A, as budgeted for 2004. T. (Moved to 8L) Orion Area Youth Assistance (OAYA) Board Member Appointment. U. Authorize Funds for Legal Counsel: Beier Howlett. Authorized the expenditure, if necessary, of an additional $5,000 in attorney fees in 2004 to Beier Howlett, relative to the on- going DNR land exchange matter. M CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES, REGULAR MEETING, MONDAY, AUGUST 16, 2004 V. Senior Center Correspondence. Received and filed documents regarding the Senior Center and directed that the materials be forwarded to the Senior Center Governing Board for review and a report back to the Township Board. W. 2005 SMART Contract. Authorized the Supervisor to sign the Municipal Credit Contract for the Fund Year 2005 (July 2004 — June 2005) for the amount of $27,998. X. Revised Request to Purchase Software. Rescinded the previous motion of approval due to a mix -up in NuSoft's quote process and accepted their apology for the error, and awarded the bid for the purchase of the upgraded application software (MS Office 2003) to CompUSA, the next lowest bidder, in the amount of $20,172, as requested by the Buildings & Grounds Director. Y. Amendment to Escrow Agreement for Fire Station Parcel. Adopted the First Amendment to Escrow Agreement for SAD Agreement, regarding the Hills at Indianwood / Fire Station parcel, as presented, extending the deadline for installation of the second round of improvements until November 1, 2004. Z. Confirm Date of Joint Public Hearing: PC- 2004 -40, Dutton Corp. Centre PUD & Rezoning. Confirmed the date of October 6, 2004 at 7:15 p.m. for a special meeting for the purpose of holding a Township Board & Planning Commission Joint Public Hearing on PC- 2004-40, Dutton Corporate Centre PUD & Rezoning Request. Moved by Bastian, seconded by Tomczak, to approve the Consent Agenda, as amended. AYES: Gingell, Fetzer, Dywasuk, Bastian, Tomczak, Wilsher. NAYS: None. ABSENT: Marleau. MOTION CARRIED: 6 -0. 8. PENDING BUSINESS. A. Appeal of Lot Split Denial: Bald Mountain West. David Nykanen appeared before the Board on behalf of Bald Mountain West and Steven Jacob, Managing Partner. Mr. Jacob was also present. Mr. Nykanen believes that the Board denied the lot split for two (2) reasons: that the existing road access to the lot proposed to be split is on a private road. He stated that the provision in the Orion Township Zoning Ordinance that, in order to comply with the Industrial Park Zoning District, interior roads be dedicated to the public is an unconstitutional taking of property. He stated that they have no problem with building the road to the RCOC (Road Commission) standards (and it has been built to those standards) and have an easement for ingress and egress for a private road to cross the property; but it is their belief that the requirement of having to dedicate property to the public in order to obtain a land division is an unconstitutional taking of their property. The second reason for denial that the Township believes that a road needs to be located along the side /frontage of a lot, referring to Lot 1, and not through a lot. Mr. Nykanen commented that there is nothing in the Orion Township Zoning Ordinance that requires or provides that a road cannot be in the middle of the lot, or has to be on the border of the lot. He stated that the Zoning CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES, REGULAR MEETING, MONDAY, AUGUST 16, 2004 Ordinance requires a two (2) acre minimum lot size in the Industrial Park zoning district. He stated that the road is in that location because it is the best location for traffic management and, in fact, was approved by the Road Commission. Following further discussion of the matter and in agreement with the petitioner that neither party is aware of a deadline for a decision on an appeal of a denial of a lot split, moved by Bastian, seconded by Gingell, to postpone, to the September 20, 2004 Board meeting, a decision on the Appeal of Lot Split Denial: Bald Mountain West for parcel 09 -35 -40 -037, in order for the Township to obtain a legal opinion on the matter, specifically with the action taken by the three (3) full time elected officials and also in response to the legal opinion provided by Mr. Jacob's legal counsel. AYES: All. NAYS: None. ABSENT: Marleau. MOTION CARRIED: 6 -0. B. Request for Guardrail: 800 Indianwood Road. Jane Nido, daughter, and Sylvia Graham, were in attendance regarding John and Sylvia Grahams's repeated request for a guardrail on the curve at 800 Indianwood, where it was stated there have been six (6) accidents in ten (10) years It was noted that there are guardrails in the area and they would like one adjacent to the road through the curve. Jane Nido stated that her parents' insurance cannot be renewed because of the repeated accidents. [The most recent accident occurred this past spring, in broad daylight, and destroyed a large section of the Graham's wrought -iron fence.] Discussion followed regarding a denial of the request by the Road Commission for Oakland County for a guardrail at the location specified by the Graham's because of the possible hazard that could be created, per OHM, Township engineers, if the guardrail at that location "caused a vehicle to rebound into on- coming traffic" (per the Road Commission). Other suggestions included paving of the shoulder (at that location), additional signage (arrows noting the curve have already been installed), more visible or lighted signage, lower speed limit and enforcement of same, and installation of a curb in lieu of a guardrail. It was acknowledged that the Road Commission has jurisdiction of the road and road right -of -way. Jim Stevens, OHM, indicated that Steve Dearing, a traffic engineer at their firm, could look at the matter, if the Board authorized it. Moved by Bastian, seconded by Gingell, to direct the Supervisor to send a letter to the Road Commission for Oakland County, specifically Mr. Richard Skerritt and his two (2) fellow Board of Commissioners, with copies to State Representative Ruth Johnson, and Eric Wilson, County Commissioner, outlining the issues and recommendations raised regarding 800 Indianwood (such as: consideration of a nine (9 ") inch curb, installation of a guardrail, lighted speed limit signage and the maintenance of vegetation around existing speed limit signs) and also to contact the Oakland County Sheriff s Department to enforce the speed limit. AYES: All. NAYS: None. ABSENT: Marleau. MOTION CARRIED: 6 -0. C. Request to Reconsider Square Lake # 2 (Algae Control) SAD Approval. Moved by Bastian, seconded by Gingell, to remove the Avalon Beach lot, Parcel #09 -09- 430 -015, from the Square Lake #2 (Algae Control) SAD Special Assessment Roll. AYES: All. NAYS: None. ABSENT: Marleau. MOTION CARRIED: 6 -0. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES, REGULAR MEETING, MONDAY, AUGUST 16, 2004 Moved by Dywasuk, seconded by Wilsher, to renew Board discussion of the Square Lake #2 (Algae Control) SAD. AYES: All. NAYS: None. ABSENT: Marleau. MOTION CARRIED: 6 -0. It was noted that records show that 140 property owners have indicated support of the SAD, with 37 opposed. The following citizens spoke on the matter: Joe Corlett, 1187 Heights Road, in support, circulated petitions for the SAD because property value would be affected if the algae were permitted to grow all over the lake. Frank Kunz, 1220 Kempster Road, Director of Disappearing Lakes Association that represents the five (5) subdivisions around the lake and also a representative of the Sunset Hills #1 Subdivision, in support, reported that the father of the child who developed a rash is in favor of treating the algae, treatment is an algaecide —not an herbicide; the cost for property owners off the lake would be a little over $3.00; applications, up to five (5) will only be done if needed. Peggy Osborne, 59 Lakeside, is in support of the SAD. Kathy Krezenski, 1391 Heights, is in support of the SAD. Michael Bzdok, 1300 Erin Way, expressed support. Clerk indicated a letter was received from Board members of subdivision where persons had opposed, yet indicated support Bill Wrighton, Pleasantview Subdivision, expressed support and stated that no more than 3 residents were opposed when he circulated a petition, obtaining approximately 36 signatures in support. Lois Whitham, 1434 Kempster, is in support of the SAD. Jim Delavan, 717 Miller Road, lives close to lakes and does not understand why people want to put chemicals in the water; he feels they should dredge lakes as they did 50 years ago. He fears a future water crisis where there will not be water that is safe to drink. He opposes the SAD. Supervisor Dywasuk lives on a lake and feels it is the responsibility of property owners to do algae control, etc. on their own, without an SAD. It was noted that lakes are the responsibility of the DNR; that other matters may have to be dealt with regarding Square Lake, as well as the Special Assessment District; and that Treasurer Marleau and others have repeatedly requested that the Township investigate a "lake- safe" program, enforced by ordinance, to regulate fertilizers, etc. that constitute part of the run -off into wetlands and eventually the 27 lakes of the community. Moved by Bastian, seconded by Gingell, to direct the Supervisor to respread the roll and to implement the Special Assessment District (SAD) for Square Lake #2 (Algae Control). AYES: Tomczak, Wilsher, Fetzer, Bastian, Gingell. NAYS: Dywasuk. ABSENT: Marleau. MOTION CARRIED: 5 -1. 7 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES, REGULAR MEETING, MONDAY, AUGUST 16, 2004 D. (Removed from Agenda) LOLA Buoy Replacement Program. E. Hi -Hill Reimbursement. Moved by Tomczak, seconded by Fetzer, to go into Executive Session to discuss correspondence from the Township Attorney related to Hi -Hill Reimbursement. AYES: Fetzer, Gingell, Tomczak, Dywasuk, Wilsher. NAYS: Bastian. ABSENT: Marleau. MOTION CARRIED: 5 -1. The Board was in Executive Session from 8:10 p.m. until 8:45 p.m. Moved by Tomczak, seconded by Fetzer, to reconvene the regular meeting. AYES: All. NAYS: None. ABSENT: Marleau. MOTION CARRIED: 6 -0. Moved by Wilsher, seconded by Fetzer, to direct the Supervisor to prepare a report to substantiate the Board's position on the matter of Hi -Hill Reimbursement for the September 20, 2004 Board meeting. AYES: Dywasuk, Fetzer, Wilsher, Gingell, Bastian, Tomczak. NAYS: None. ABSENT: Marleau. MOTION CARRIED: 6 -0. Joseph Geraci, 311 Morgan Hill, indicated that he is not surprised, but is disappointed. He referenced several previous dates when the issue was raised before the Board since January 31, 2001. F. Civic Center Paving Phase IV: Award Contract. Jim Stevens, OHM, stated their firm has had past experience working with the lower bidder, Pro -Line Asphalt Paving Corp. and reference checks have resulted in good performance reviews. He added that a similar project is being done by Pro -Line in Waterford Township. Rock Blanchard, Parks & Recreation Director, noted that the funds are to come from the General Capital Improvement Fund, as authorized previously by the Board. Moved by Tomczak, seconded by Fetzer, to award the bid for the Civic Center Park Paving Project: Phase IV to Pro -Line Asphalt Paving Corporation in the amount of $118, 365.53, contingent upon compliance with Township insurance requirements, with funds to come from the General Capital Improvement Fund (as previously authorized by the Board). AYES: Tomczak, Bastian, Gingell, Wilsher, Fetzer, Dywasuk. NAYS: None. ABSENT: Marleau. MOTION CARRIED: 6 -0. G. Friendship Park ADA Path #2. It was noted that CDBG funds would not be reprogrammed from the Senior Center account for the project. Clerk Bastian expressed concern that CDBG funds are budgeted for Planning, planning projects get approved by the Board, but that CDBG Planning account funds not get used for those "planning" projects; rather, the funds come from the General Fund. Rock Blanchard, Parks & Recreation Director, stated that in order to use CDBG funds for Planning, using the services of the Township planning consultant, the Township would be required to go out for bids within the last three (3) years for Planning Services; the Township has CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES, REGULAR MEETING, MONDAY, AUGUST 16, 2004 chosen not to do that with the Township planning consultant position. When questioned by Trustee Wilsher why the ball leagues were being asked to pay for certain items, such as portajohns, when there seemed to adequate funds in the Friendship Park Fund, i.e., for the proposed ADA Path #2, Mr. Blanchard responded that the Friendship Park Fund can only be used for capital improvements to the park. He also noted that bids for the project came in higher than the $35,000 budgeted for the path. Moved by Gingell, seconded by Tomczak, to authorize the reprogramming of $15,137.20 from the CDBG 2003 Planning account into the CDBG 2003 Remove Architectural Barriers account. AYES: Wilsher, Fetzer, Dywasuk, Gingell, Tomczak. NAYS: Bastian. ABSENT: Marleau. MOTION CARRIED: 5 -1. Moved by Gingell, seconded by Fetzer and Wilsher, to award the bid for construction of the Friendship Park ADA Path #2 to ABC Paving for in the amount of $55,065.50, with a fifteen (15 %) percent contingency, and the caveat that Senior Center CDBG funds are not impacted. AYES: Wilsher, Tomczak, Dywasuk, Fetzer, Gingell, Bastian. NAYS: None. ABSENT: Marleau. MOTION CARRIED: 6 -0. It was noted that the CDBG Committee has not yet met to review the list of items recently submitted by the Director of the Orion Senior Center, for which CDBG monies have been budgeted. H. (Added Item) Renewal of Solicitor's License - William Watson. It was noted that the insurance certificate provided to Board members from the file has expired; further than the single complaint regarding Mr. Watson, in the five (5) years that he has done business representing North Carolina Furniture Carriers in Orion Township, was a misunderstanding with the resident regarding payment and delivery of goods. All other feedback has been positive. Moved by Gingell, seconded by Wilsher, that the Board renew the solicitation request from William Michael Watson for a Solicitor's License to sell furniture from a truck for an additional sixty (60) days, pursuant to Ordinance No. 95, Peddlers and Solicitors Regulation Ordinance, subject to an acceptable insurance certificate being provided to the Township. AYES: All. NAYS: None. ABSENT: Marleau. MOTION CARRIED: 6 -0. L Parks Maintenance Crew Leader — Job Description (moved from 7L). Rock Blanchard, Parks & Recreation Director, requested that the new position that he is proposing, Parks Maintenance Crew Leader (Level 5) be referred to the Personnel Committee for consideration in the 2005 Budget. Trustee Wilsher, Board representative to the Parks & Recreation Advisory Committee, would like to see a Level 4 Parks Maintenance position considered, as well, with a recommendation from the committee to the Board before the conclusion of the 2005 budget discussions. Moved by Wilsher, seconded by Tomczak, that the following new positions be sent to the Personnel Committee for consideration: Park Maintenance Crew Leader (Level 5) — Job Description and Park Maintenance Leader (Level 4) — with different job responsibilities, with the E CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES, REGULAR MEETING, MONDAY, AUGUST 16, 2004 Personnel Committee to decide what position would be best suited for the Parks & Recreation Department and to bring a recommendation back to the Board. AYES: Wilsher, Bastian, Dywasuk, Tomczak, Fetzer. NAYS: Gingell. ABSENT: Marleau. MOTION CARRIED: 5 -1. J. Mileage Reimbursement for Meals on Wheels Drivers (moved from 7M). Discussion related to consideration of providing mileage reimbursement to individuals delivering meals to the homebound in the community. The matter is before the Board as the result of a letter from Frank McIsaac, one of the drivers. Board members were reminded that, just a short while ago, the Township ended the practice of reimbursement of Meals On Wheels drivers, upon the recommendation of the Director of the Older Persons Commission (OPC) in Rochester Hills. Moved by Gingell, seconded by Tomczak, to postpone the matter of Mileage Reimbursement for Meals on Wheels Drivers for discussion during the 2005 Budget Worksessions. AYES: All. NAYS: None. ABSENT: Marleau. MOTION CARRIED: 6 -0. K. Employee Retirements (moved from 7R). Board discussion of the plans for filling the Receptionist position which, according the Supervisor, warrants further discussion before asking for Board authorization to advertise. Moved by Gingell, seconded by Tomczak, to receive and file the notices of retirement, with regret, per the Supervisor's memo of August 6, 2004; and, to direct the Clerk to send Letters of Appreciation to Helen Higgins and Leon (Bud) Storm for their many years of excellent service and to have recognition plaques created for same. AYES: All. NAYS: None. ABSENT: Marleau. MOTION CARRIED: 6 -0. L. Orion Area Youth Assistance (OAYA) Board Member Appointment (moved from 7T). Moved by Bastian, seconded by Wilsher, to confirm, as additional members to the Orion Area Youth Assistance Board of Directors, the following persons: Jill Verros Norma Warner Gary Warner Eric Wilson Michelle Godfrey Gen Wandrie Ellen Thomerson Marge Munger Susan Bartley with Derek Mazur as Board Chair, Joanne Purdon, Vice - Chair, and Rich Strenger, Treasurer. AYES: All. NAYS: None. ABSENT: Marleau. MOTION CARRIED: 6 -0. 9. REPORTS. Indian Lake Road Report. David Baryla, 890 Lakewood Drive, inquired who would maintain the 21AA, once the gravel is put down, what are the future plans to fix the road, the need for more chloriding, addressing school bus stop safety issues and the potential paving of the road, which he supports. The Supervisor responded that Indian Lake Road is on neither the Township's nor the Road Commission's future plan for improvement, at the present time. He reiterated that similar concerns have been raised regarding the condition of E. Clarkston Road. Minor ditching, etc. is planned for both roads, after Labor Day. 10 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES, REGULAR MEETING, MONDAY, AUGUST 16, 2004 It was noted that the Road Commission for Oakland County has its annual budget presentation on August 26, 2004, at 7:30 p.m., at the Oakland County Commissioners' Auditorium. Clerk Bastian reported that she had been contacted by several residents of Indian Lake Road, east of Conklin Road, who have similar concerns to Mr. Baryla, and the added concerns of weight restrictions for the road and the number of and speed of gravel trains using Indian Lake Road as a cut - through from Barr Road to Conklin Road. One of the residents, Anne Marie Cummings, has been in contact with Dave Allyn of RCOC, who told her that roads can be restricted with regard to truck traffic — for local deliveries only; and that a letter of support from the local jurisdiction would help accomplish that designation. Then there would only be the matter of enforcement. [Ms. Cummings' request will be forwarded to the Supervisor's office for follow- up.] John Garlicki, 864 Indian Lake Road, stated that the majority of residents, as was evidenced at the recent meeting at the library, are not in favor of paving the road. However, the road is a washboard, and grading and chloriding treatments are overdue for 2004. Moved by Gingell, seconded by Wilsher, to receive and file the Indian Lake Road Improvements Report, as submitted by the Supervisor. AYES: All. NAYS: None. ABSENT: Marleau. MOTION CARRIED: 6 -0. Moved by Gingell, seconded by Wilsher, to direct the Supervisor to respond to Road Commission Managing Director Brent Bair's letter, dated July 29, 2004, requesting information on the Road Commission's short-term and long -term maintenance plans for Indian Lake Road. AYES: All. NAYS: None. ABSENT: Marleau. MOTION CARRIED: 6 -0. 10. PUBLIC COMMENT. Edward Peters, 830 W. Clarkston Road, indicated the need for repairs on the Clarkston Road safety path: there are deep cracks that represent a trip hazard; he questioned who was responsible for inspections of the paths. [It was noted that the Board authorized the preparation of specs and going out for bids for repairs and an overlay, in 2005, for the Clarkston Road safety path, from Pine Tree Rd. to Lapeer Rd./M -24, previously on the agenda; further, that the patching work was done as a temporary fix.] Mr. Peters also spoke about the Orion Senior Center and, as a member of the Senior Center Advisory Council, feels that there is poor networking taking place at the Center: meetings to allow for dialogue with interested seniors have been scheduled and posted, however, no one but himself and the Director has shown up. Rock Blanchard, Parks & Recreation Director, updated the Board regarding the Pulte sewer and water work for the Hills at Indianwood project north of Friendship Park, which necessitated an easement through the park; announced that the work on the joint Clarkston Road safety path project, between Joslyn and Baldwin, is being finalized; the picnic pavilion is finally being finished, after a mix -up required that portions of the project had to be redone; and the Big Rig Gig was attended by approximately 1200 persons last Friday evening at Friendship Park. 11 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES, REGULAR MEETING, MONDAY, AUGUST 16, 2004 11. BOARD MEMBER COMMENTS. Trustee Wilsher: • Reported the Orion/Oxford Soccer League has donated three (3) picnic tables and a grill; he requested that the donation be acknowledged by the Township. He referenced a split rail fence. • Complimented MDOT on the resurfacing work, being performed at night, on M -24. Trustee Gingell: • Requested an Executive Session at the next meeting to obtain an update on the Gingell- ville Community Center tax assessment matter and inquired why the matter was not on this evening's Agenda, as stated at the last Board meeting. • Requested an Executive Session at the next meeting to receive an update on the status of Clerical Union contract negotiations. [It was noted that the Executive Session(s) would be held prior to the usual 7:00 p.m. meeting starting time.] Clerk Bastian: • Reported there were 24.16% of registered voters in Orion Township who participated in the August 3rd Primary Election. She indicated there were many new election workers. • Reminded Board members of the Budget Worksession at 6 p.m. tomorrow night. • Referenced a State Library Award for Service, for which the Orion library could be nominated, and plans to have the matter on the next agenda for Board consideration. • Indicated that Voter Registration Coordinator, Eve Ryan, received a successful job evaluation, having completed seven (7) years of employment with the Township (the first year working in a part-time position). • Stated that disaster funds are still available to residents for flooding damage that occurred last spring. • Appreciated the MIOSHA Report provided to Board members, noting that the Clerk's office has now been provided with the correct forms to use. • Noted that Boss Advertising has inquired, once again, about a solicitor's license, but has submitted no application, to date; yet they have workers going door -to -door in the Township. • Complimented the Senior Center newsletter, the Orb, for its wealth of information. Supervisor Dywasuk: • Reported that Trustee Tomczak and he attended the annual MTA Legislative Conference last week and added that grassroots networking is a valuable tool, as many items come up for a vote in Lansing with only last- minute notice to the local communities. • Noted that the Orion Township website is tied for 5th place, as one of the top 10 Township websites in the State of Michigan; he commended Julie Savard for her efforts as webmaster. 12 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES, REGULAR MEETING, MONDAY, AUGUST 16, 2004 12. ADJOURNMENT. Moved by Tomczak, seconded by Gingell, to adjourn. AYES: All. NAYS: None. ABSENT: Marleau. MOTION CARRIED: 6 -0. The meeting was adjourned at 10:15 p.m. Jill D. Bastian, Clerk Gerald A. Dywasuk, Supervisor Charter Township of Orion Transcription: Marilyn Paul sen-Tomaszewski 13