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2/24/93-1/18/94i CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * ** MINUTES * ** SPECIAL MEETING, WEDNESDAY, FEBRUARY 24, 1993 The Charter Township of Orion Board of Trustees held a Special Meeting, Wednesday, February 24, 1993 at 7:00 p.m. in the Orion Township Hall, 2525 Joslyn, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall OTHERS: Leon Harrison Richard White Ken Van Portfliet D. McBride Jill Bastian Clarence Rossman Mike McCabe Susan Galeczka 1. CALL TO ORDER Trustee Trustee Trustee Trustee Sharon Smith Sara Bingham Kim Vincent Mark Vagi Stan Ford Roger Slee Jeff Key Al Barnes Burke Cueny Peter Kemp James Skylis Ken Thomas Tom Berger Howard Daenzer Cathy Thorlakson Jim Marleau Linda Sickles Parvin Lee Supervisor Brown called the meeting to order at 7:08 p.m. 2. ROLL CALL Clerk English called the roll and all Board Members were present. 3. DISCUSSION ON IMPACT ON TOWNSHIP RESIDENTS IF VILLAGE OF 111Supervisor Brown stated the Village of Lake Orion will conduct an election on March 8, 1993 which will contain the ballot question of whether or not the residents of the Village of Lake Orion favor the incorporation of the Village of Lake Orion as the Home Rule City of Lake Orion. All Board members reviewed the stugy completed by Plante & Moran* and the followin concerns were discussed: 1. Report is misleading to the Village residents. �4 2. Library Bond J� 3. Building Department fees �4. Village Water System �5. Synopsis of Plante & Moran Study sent to all Village I residents* o � 6 Safety Paths a k 317. Fixed Assets 8. Fire Hall, Cost of Providing Fire Services vs. Pamount of Revenue received. 3 -9. Re- appraisal of all properties in the Village 10. Impact on the Library 11. Detachment from the village r ?'z Sharon Smith, Township Bookkeeper, stated the equity in Police Fund should not be included because the Village not pay into that fund. Also the only fixed assets that j allowed to be depreciated are in the enterprise funds. �All Howard Daenzer, 260 Park Island, stated the previous Supervisor estimated the cost for providing fire services to the village at $94,000.00. sKen Thomas, 600 Cushing Dr., stated the Village of Lake Orion was established in 1851 and should be preserved. d x the the does are 2 CHARTER TOWNSHIP OF ORION BOARD OF'TRUSTEES SPECIAL MEETING, WEDNESDAY, FEBRUARY 24, 1993 MINUTES F 8:15 p.m. Township Board recessed. 8:30 p.m. Township Board reconvened. ------------------------------------------------ ----------- - - - - -- 4. EXPANSION OF TOWNSHIP FACILITIES Discussion was held between the Trustees and Department heads regarding the need for additional Township space for Township offices, utilizing the current space more effectively, and financing the building expansion. Attorney Lee recommended the Township have a study conducted which will prepare a report as to the needs of the Township. After the study is complete the Board may then put bids out for an Architect. After drawings are complete have the engineers prepare the bidding package and put it out for bid. Leon Harrison, 756 E. Silverbell Rd., suggested a study should be done first and from there continue in a professional manner. Ken Thomas, 600 Cushing, stated he was in favor of a building addition. Jill Bastian, 913 Heights Rd., requested something be done about the ventilation of the building if the Board decides to renovate or add on to the building. Also, before the anything can be done with the old Township Building provisions should be made for re- locating the people that are currently using that building. Jim Marleau, 3181 Sandoval, asked if a building project could be a ballot issue. Attorney Lee responded it could not. Also Mr. Marleau suggested using the meeting room as temporary quarters for Township Offices until the Hall could be expanded and move the Township Meetings to another location. After a lengthy discussion, it was moved by Skylis, supported by Barnes to form a Building Addition Committee comprised of Supervisor Brown and Trustee Cueny and any department head who would like be part of the committee; the purpose of the committee is to investigate additional space for the Township building. Roger Slee, 1384 Beach, asked whether the Township Hall meets all requirements set forth by the ADA. The Board responded it did not. Discussion. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. 3. ADJOURNMENT Moved by English, supported by Hall to adjourn. AYES: Barnes, Hall, Brown, English, Kemp. NAYS: Cueny, Skylis. MOTION CARRIED 5 -2. Respectfully submitted, Marie E. Engl sh, Clerk CHARTER TOWNSHIP OF ORION TRANSCRIBED BY: Susan Galeczka THIS MEETING IS ON TAPE *On File in the Township Clerk's Office Clerk English called the roll. All members were present except Trustee Cueny. 4 APPROVAL OF MINUTES A. REGULAR MEETING. Moved by Hall, supported by Skylis to approve the minutes of the Regular Meeting held Tuesday, February 16, 1993 as submitted. AYES: Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. B. PUBLIC HEARING. Moved by Barnes, supported by Kemp to approve the minutes of the Public Hearing regarding the Miller Road SAD for chloriding held Tuesday, February 16, 1993 as submitted. AYES: Kemp, Skylis, English, Brown, Hall, Barnes. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. 5 APPROVAL OF BILLS Moved by Barnes, supported by Kemp to approve the bills for payment as listed in the amount of $51,283.39. AYES: Kemp, English, Hall, Brown, Barnes, Kemp. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. 3 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* REGULAR MEETING, MONDAY, MARCH 1, 1993 The Charter Township of Orion Board of Trustees held a Regular Meeting, Monday, March 1, 1993 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Trustee Allen Barnes Clerk Marie English Trustee Peter Kemp Treasurer Suzanne Hall Trustee James Skylis ABSENT: Trustee Burke Cueny OTHERS: Norman Hagood Charles McIntosh Cathy Thorlakson Mary Jane Shields William Wilsher Jill Bastian Edmund Drozdowski Dick Moller Pat O'Dea Geraldine Gibbons Leon Harrison Bobbie Perry Mark Vagi Frank Kunz John Fenn Linda Geering Connie Krajicek Ed Dewey Mary Jane Dewey Randall Brewer Charles Nyes Jim Marleau Jim Milford Richard M. White Ken Thomas Margaret Fehir Jennie Smigielski Marge Hodges Wayne Chelette Jean Krakow Jack Krakow Michealine Mills Lucia Ryckman Shirley Ryckman James H. Morris Julie Savard Dale Romeo Leon Storm Charles Fay Dennis Hart Don VanEvery Charlotte Kelley Vance D'Onofrio Sharon Smith George Hoffman Leroy Wingett Helen C. Parker James Foster Shirley Dingman Caroline Myers Charles Myers Mary MacMaster Marie Hagy Bonnie Stickney Mike McCabe Robert Turner Elaine Pantak Terry Armstrong Frank Mayer Karen McClure Randy McClure Jerry Moon Annette Battalia Dolores Gekiere Deborah Wilson Thomas Berger CALL TO ORDER The meeting was called to order at 7:00 p.m. by Supervisor Brown. 2. PLEDGE AND INVOCATION The Pledge of Allegiance was led by Trustee Skylis and the Invocation was given by Pastor Chelette, Lake Orion Church of God on Clarkston Rd. 1) onT_T_ raT.T. Clerk English called the roll. All members were present except Trustee Cueny. 4 APPROVAL OF MINUTES A. REGULAR MEETING. Moved by Hall, supported by Skylis to approve the minutes of the Regular Meeting held Tuesday, February 16, 1993 as submitted. AYES: Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. B. PUBLIC HEARING. Moved by Barnes, supported by Kemp to approve the minutes of the Public Hearing regarding the Miller Road SAD for chloriding held Tuesday, February 16, 1993 as submitted. AYES: Kemp, Skylis, English, Brown, Hall, Barnes. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. 5 APPROVAL OF BILLS Moved by Barnes, supported by Kemp to approve the bills for payment as listed in the amount of $51,283.39. AYES: Kemp, English, Hall, Brown, Barnes, Kemp. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. CHARTER TOWNSHIP OF ORION BOARD -OF TRUSTEES MINUTES REGULAR MEETING. MONDAY, MARCH 1, 1993 6. BRIEF PUBLIC COMMENT Jill Bastian, 913 Heights Rd., requested that notice be given to the Orion Review regarding all committee meetings. Mary MacMaster, 3539 Capaldi Circle, addressed the Board regarding her objections to benefits for trustees and the Township paying for schooling for the Assessor particularly during work hours. James Foster, 894 Pine Tree, concurred with Mrs. MacMaster. Bud Schaller, 2642 Baldwin Rd., questioned why an Oakland County Deputy was present at the meeting. He felt the deputy should be patrolling the roads. Connie Krajicek, 1111 Leidich, addressed the Board at length regarding the Marina Pointe Tentative Preliminary Plat. She felt that a 1975 contract regarding this property had been broken. 7. APPROVAL OF AGENDA ' Trustee Kemp requested that an item be added under New Business (Item E) regarding the cable commission. Moved by Barnes,- supported, by Hall to approve the agenda as amended. AYES: Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. ABSENT:- Cueny. MOTION CARRIED 6 -0. 8. PENDING BUSINESS A. ATTORNEY MATTERS. 0 C. BALDWIN ROAD PASSING LANES CHANGE ORDER (Letter* dated February 16, 1993 from the Township Attorney) Moved by English, supported by Barnes to approve the Baldwin Road passing lanes Change Order 42-(in the amount of $11,852.99) as recommended by the Supervisor. AYES: Barnes, Hall, Brown, English, . Skylis, Kemp. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. ASSESSING DEPARTMENT MATTERS. RE- APPOINT BOARD OF REVIEW. It was necessary to re- appoint Board of Review members because they were not sworn in within ten days following their appointment. Upon re- appointment, they will be sworn in on Tuesday, March 2, 1993 prior to the organizational meeting. Moved by Skylis, supported by English to reappoint the following Board of Review members: Kimberly Chapman Linda Fleming Jesse Garcia Daphne Light Dick LaGrow Jill Bastian AYES: Kemp, Skylis, English, Brown, Hall, Barnes. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. PARKS AND RECREATION MATTERS. 1. APPOINTMENT TO PARKS AND RECREATION COMMITTEE (Memo* dated February 2:3, 1993 from Mark Vaqi, Director of Parks and Recreation) Moved by Kemp, supported by Skylis to accept the resignation of Bill Kirchner from CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES I REGULAR MEETING, MONDAY MARCH 1 1993 APPOINTMENT TO PARKS AND RECREATION COMMITTEE cont . the Parks and Recreation Advisory Committee with regrets and to send a letter of thanks for his service to the Township. AYES: Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. Moved by Hall, supported by English to appoint Michaeline Mills to the vacancy on the Parks and Recreation Advisory Committee with a term ending December 31, 1995. AYES: Skylis, Kemp, Brown, Barnes, English, Hall. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. 2. RENEW CHARTER AGREEMENT WITH CUB SCOUT PACK #128 (Memo* dated February 23, 1993 from Mark Vagi, Director of Parks and Recreation) Moved by Hall, supported by Barnes to approve the Charter Agreement renewal for 1993 with Cub Scout Pack #128. AYES: Kemp, Skylis, Barnes, Hall, Brown, English. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. D. POLICE MATTERS - PAINT CREEK TRAILWAYS MOUNTED PATROL PROGRAM. Sgt. Dale Romeo, Oakland County Sheriff's Department, addressed the Board regarding 1993 funding for the Paint Creek Trailways Mounted Patrol Program. He explained that the program would run for 20 weeks from June to October and will include two officers and horses which will patrol the trailways two days a week in five hour blocks. Orion Township's portion of the cost is $1310. ' Moved by Barnes, supported by Hall to approve funding the Paint Creek Trailways Mounted Patrol Program for 1993 in the amount of $1310. AYES: Skylis, Kemp, English, Brown, Hall, Barnes. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. E. ORDINANCE ADOPTION - REZONING REQUEST - SBVE. Supervisor Brown stated there had been a First Reading of the ordinance on Tuesday, February 16, 1993. Clerk English read a memo* dated February 8, 1993 from the Planning Commission regarding PC- 92 -41, a rezoning request from SF (Suburban Farms) to R -1 (Single Family Residential), 51 acres south of Silverbell Rd., east of Silverbell Village, Mike Foley, petitioner. The Planning Commission recommended denial on a 6 -0 vote for reasons 1 -5 as listed in the memo. Allen Green of the law firm Dykema Gossett, Attorney representing the petitioner Mike Foley, made a short presentation in support of the rezoning request. Mike Foley, petitioner, also answered questions from the Board regarding sewer capacity. Richard White, Director of DPW, confirmed that there was sufficient sewer capacity in the area for this development: Leon Harrison, 746 E. Silverbell, and Paul Torretta, 990 E. Silverbell, were opposed to the rezoning request. Moved by Kemp, supported by Skylis to concur with the Planning Commission and to deny PC- 92 -41, a rezoning request from SF (Suburban Farms) to R -1 (Single Family Residential), 51 acres south of Silverbell Rd., east of Silverbell Village, Mike Foley, petitioner, for the five reasons listed by the Planning Commission plus one additional reason as follows: t CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING MONDAY MARCH 1 1993 SBVE Rezoning Request cont 1. It is not in accordance with the Master Plan. 2. It does not uphold the Township policy of low density residential for this area. 3. There are no utilities planned for this area. 4. The petitioner has not proven that this property cannot be used as presently zoned. 5. Rezoning to a higher density in this area would not prove to be a benefit to the health, safety, and welfare of the Township. 6. There would be too much strain on the school system generated by 97 additional homes. AYES: Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. ----------------------------------------------------------------- The Township Board temporarily recessed from 8:00 - 8:15 p.m. ------------------=--------------------------------------------- 9 NEW BUSINESS A. REQUEST FROM RESIDENT TO ADDRESS BOARD RE: POLICIES AND HARDSHIP APPLICATIONS FOR PROPERTY TAX CONSIDERATION. David Hodges, 204 O'Connor, gave a lengthy presentation regarding the "Poverty Exemption Application" which is currently being used in Orion Township for determining hardship cases. Mr. Hodges felt the title of the form and the questions asked of citizens were inappropriate. He offered examples of forms used by other communities and asked the Board to recommend a two -sided form* entitled "Application for One Year Hardship Reduction" to the Board of Review as the form to be used in Orion Township. He also asked that citizens be allowed to file forms until the Board of Review adjourns and that people who have turned in application forms be allowed to file using the new form. He felt the old form should be returned to residents without copies being made. He also asked that standards for exemptions be developed and applied equally to all residents. Several residents addressed the Board regarding their experiences with the Board of Review and concurred with Mr. Hodges. Tim Patterson, Township Attorney, referred to case law and cautioned the Board that they should only recommend procedures and standards to the Board of Review. Moved by Skylis, supported by Kemp to recommend to the Board of Review to accept the Oakland County form which is a two -sided form entitled "Application for One Year Hardship Reduction" AYES: Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. Moved by Skylis, supported by Kemp to recommend to the Board of Review to allow any person that has applied this year with the old application to be allowed, at their discretion, to use the new application with the Board of Review to accept either application until the Board of Review adjourns. Discussion followed on directing the Assessing Department to accept either form until the Board of Review adjourns. Mr. Patterson reiterated that any direction regarding procedures should come from the Board of Review to the Assessing Department. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES Citizen's Request to address Board. cont... MINUTES 7 VOTE: AYES: Kemp, Skylis, English, Brown, Hall, Barnes. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. Supervisor Brown stated that he would meet with Board of Review members to discuss the information presented at tonight's meeting. ------------------------------------------------- ----------- - - - - - -I The Township Board temporarily recessed from 10:35 - 10:53 p.m. --- --------- ------ ----------------------------------------- - - - -- B. REQUEST FOR SPECIAL ASSESSMENT DISTRICT FOR SQUARE LAKE MAINTENANCE. Jerry Moon, 1450 Kempster, stated he was addressing the Board as a private citizen and not as a representative of the Disappearing Lakes Association (DLA). He requested that the Board establish a Special Assessment District for the maintenance of Square Lake without the need for further petitions. The Township Attorney explained that the Township Board could set a hearing of intent to proceed and if less than 20% of the affected residents object the Board could proceed to the next step. The notice of hearing must be advertised twice and letters must be sent to residents 10 days before the hearing. Frank Kunz, 1220 Kempster, commented that the DLA is drafting partnership guidelines which they would like to discuss with the Board if they decide to proceed. Moved by Skylis, supported by English to set a Public Hearing regarding the Square Lake SAD for March 15, 1993 at 8:00 p.m. and to notify all the affected property owners by mail. AYES: Kemp, Skylis, English, Brown, Hall, Barnes. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. C. REQUEST FROM RESIDENT REGARDING TOWNSHIP'S COMPLIANCE WITH MICHIGAN CLEAN INDOOR AIR ACT. Jill Bastian, 913 Heights Rd., submitted the results* of a survey of Township employees regarding smoking in the building. She also explained that the two currently designated smoking areas violate the Michigan Clean Indoor Air Act (Public Act 368 of 1978 as amended). She suggested the Board take action to draft a smoking policy for the Township Hall and also immediately take any action necessary to bring the building into compliance with the Clean Air Act including the possibility of making the building smoke -free. Supervisor Brown commented that he and the Building Official had been looking into creating a properly ventilated area for smokers in the downstairs area. Leon Storm, 1400 S. Lapeer Rd., offered his assistance on such a project. Clerk English recommended that the Board take action to draft a smoking policy for the Township Hall as a ' public building. She said that she would work on a policy to be placed on the next agenda. There was agreement of Board members to consider this item at the next meeting if the information is ready. Mrs. Bastian requested that signs be removed from the areas that are currently "Designated Smoking Areas" as soon as possible. D. SCHICK /SHARP PROJECT - CHANGE ORDER NO. 2 (Memo* dated February 23, 1993 from Supervisor Brown) Moved by Hall, supported by Kemp to a h prove Chango Order #2 (incjgeee of $4,146) for the Sc ick /Sharp improvement pro Brown, AYES: Barnes, Hall, Brown, English, Skylis, p• NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. 8 _ CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, MARCH 1, 1993 E. OCCCC - VETO POWER FOR APPOINTED OFFICIALS. Trustee Kemp explained that at the last Cable Commission meeting reference was made to amending the ordinance governing the Commission to eliminate veto power for appointed officials from Orion Township and the Village of Lake Orion. Other members of the Commission want to do away with that power because they feel new members on the Commission could veto decisions they are uninformed about. Trustee Kemp, Trustee Barnes, and Treasurer Hall (past Commission member) felt that veto power was a safeguard which should remain in the ordinance. Trustee Kemp polled individual members of the Township Board and the consensus was to oppose giving up veto power for appointed members on the Cable Commission. F. PAYMENT TO W. ALMAS AND SONS. Moved by Kemp, supported English to approve payment to W. Almas and Sons in the amount of $42,858.48 contingent upon him signing off on the joint bank account and receiving the interest earned. AYES: Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. 10. OTHER BUSINESS There was a brief discussion on the DNR decision* denying the wetlands permit application for Charles Calkins, 880 Rustic Village, and further requiring him to restore areas which have been disturbed. Trustee Skylis urged village residents to vote at the March 81 1993 election. 11 PUBLIC COMMENT - NONE 12. ADJOURNMENT Moved by English, - supported by .Skylis to ,adjourn the meeting. AYES: All. NAYS: [VOne.'ABSENT: Cueny. MOTION CARRIED 6-0. The meeting adjourned.at;11:30 p.m. Marie.E. Erig lip h, Clerk Charter Town of Orion Transcription: Mary Jane Shields This meeting is on tape: *On file in the Clerk's Office. --------------------------------------------------- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES '. * ** M: i N U T E S * ** SPECIAL MEETING, SATURDAY, MARCH 6, 1993 The Charter Township of Orion Board of Trustees held a Special Meeting on Saturday; March 6, 1993 at 1:30 p.m. at the Orion Township Hall, 2525 Joslyn, Lake Orion, Michigan. BOARD - MEMBERS PRESENT: . Supervisor Doug,Brown' Trustee Al Barnes, Treasurer Suzanne Hall Trustee Peter Kemp BOARD MEMBERS ABSENT::-,' Clerk Marie English +•, OTHERS: Susan Galeczka Kim Vincent Trustee Burke Cueny, Trustee James Skylis Jill 'Bastian 1 w ORION TOWNSHIP BOARD OF TRUSTEES I SPECIAL MEETING. SATURDAY, MARCH 6, 1993 MINUTES Supervisor Doug Brown called the meeting to order at 1:35 p.m. Deputy Clerk Susan Galeczka called the roll. Supervisor Brown, Treasurer Hall, Trustee Barnes, and Trustee Kemp were present. Clerk English, Trustee Cueny, Trustee Skylis were absent. APPOINTMENT OF BOARD OF REVIEW MEMBERS d \ The purpose of the Special Meeting was to appoint four (4) additional Board of Review Members, three to create a new Board and one member to fill the resignation of ^ `Linda Fleming. a Trustee Kemp stated the next time Board of Review appointments need to be made he would like to see the position advertised, as we do for the other boards, and the people interviewed by the Township Board. $ � Discussion on the make -up of the Board. Kim Vincent stated three of the nine members do not have a real estate background. The Boards will be mixed so that one Board does not consist of all real estate people. Discussion. The need to appoint a third Board of d Review is a result of an individual stirring up the pot which doubled the request for Board of Review h appointments and Poverty exemptions. Three Boards will °Fh handle approximately 100 appointments per day. °TT Moved by Trustee Barnes, supported by Trustee Kemp, to appoint Susan Popelier, Niles Olson, Jim Marleau, and Jim O'Dell to two year terms on the Board of Review, terms ending December 31, 1994. \y w Jill, Bastian, 913 Heights Rd., stated in the future she would like to see the Boards comprise of one real estate and two other people because of the stigma involved. Ms. Bastian also stated the decision on going to a different form was because of some people's differing definition of what is poverty. Maybe the Township needs to go to a different form in the future because of the criticism of the form being too long. The form may need to be changed for the people who "O truly need a poverty exemption. She protested about �( ti the length of the form but understand why it had to be y q proposed. Lengthy Discussion. Roll Call: AYES: Brown, Hall, Kemp, Barnes. NAYS: None. ABSENT: English, Cueny, Skylis. MOTION CARRIED 9 -0. ` fl,,a1ADJOURNM ENT a Moved by Barnes, supported by Kemp to adjourn. AYES: Hall, Brown, Kemp, Barnes. NAYS: None. ABSENT: +3 English, Cueny, Skylis. MOTION CARRIED 4 -0. MEETING ADJOURNED AT 1:45 P.M. Respectfully submitted, oa Marie E. Eng sh, Clerk CHARTER TOWNSHIP OF ORION THIS MEETING IS ON TAPE Typed and transcribed by: iQQ Susan Carol Galeczka cJ 10 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* REGULAR MEETING, MONDAY, MARCH 15, 1993 The .C.ha_rter Township of Orion Board -f Trustees held a —Re.gular Meeting, Monday - MaMarch T5—,--1- 9-93 -�' 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall HERS: Tim Patch Don Bartus Dave Chapman Rex Trimm Jennie Smigielski C. Smigielski William Wilsher Mary MacMaster Jill Bastian Russ Stahl Ken Thomas Elaine Pantak Bonnie Dwelle Maxine Howard A.J. Walters 1. CALL TO ORDER Fred Reichert David Hodges Thomas Bosco Dennis Hart Ed Salter B.J. Griffin Mary Jane Shields Larry Denio Norman Hagood Dennis Krause Dick Moller Thomas Berger Richard M. White Karen Hope Sara Hodges Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis Cheryl Reichert Marge Hodges Kevin McKervey Margaret Fehir Shirley Dingman Mark Vagi Sharon Smith Leland Perry Leon Harrison Bonnie Stickney Ed Drozdowski Jerry Moon Christine Bradley Stephen R. Gallanis Phillip McKenna The meeting was called to order at 7:00 p.m. by Supervisor Brown. 2. PLEDGE AND INVOCATION The Pledge of Allegiance was led by Supervisor Brown and the Invocation was given by Pastor Tim Patch of Lake Orion Missionary Church on Clarkston Rd. 3. ROLL CALL Clerk English called the roll. All members were present. 4. APPROVAL OF MINUTES A. SPECIAL MEETING. Moved by Kemp, supported by Skylis to approve the minutes of the Special Meeting held February 24, 1993 as submitted. Treasurer Hall asked for a correction to page two to add the comments of Kim Vincent, Assessor, after the comments made by Sharon Smith as follows: Kim Vincent noted that the police are partially funded by General Fund millage and, therefore, residents of the Village of Lake Orion do pay part of police costs. The motion before the Board was amended to read: Moved by Kemp, supported by Skylis to approve the minutes of the Special Meeting held February 24, 1993 as corrected pending review of the meeting tapes. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. B. REGULAR MEETING. Moved by Hall, supported by Barnes to approve the minutes of the Regular Meeting held Monday, March 1, 1993 as submitted. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS:. None. MOTION CARRIED 7 -0. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES 11 REGULAR MEETING, MONDAY, MARCH 15, 1993 MINUTES C. SPECIAL MEETING. Treasurer Hall asked for a correction to page one under Appointment of Board of Review Members. The third paragraph, second sentence, should be changed to read "The Boards will be mixed so that each Board is composed of two Real Estate professionals and only one individual whose background is not in Real Estate ". Moved by Hall, supported by Kemp to approve the minutes of the Special Meeting held Saturday, March 6, 1993 as corrected pending review of the meeting tapes. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. 5_ APPROVAL OF BILLS Moved by Kemp, supported by Hall to approve the bills* for payment as submitted in the amount of $89,325.78. AYES: Skylis, Barnes, Cueny, Brown, English, Hall, Kemp. NAYS: None. MOTION CARRIED 7 -0. Mary MacMaster, 3539 Capaldi Circle, asked that Item 9E - "Request from Resident to Address the Board" be listed as #1 under pending business because Mr. Hodges had been before the Board previously on this matter and many residents attended tonight's meeting to hear his remarks. She also commented that citizens have a right to tape Board of Review hearings and the secretary taking Board of Review minutes should not be allowed to comment. She then pointed out that the time was missing from the notice for the Board of Review organizational meeting in violation of the Open Meetings Act. ' Ken Thomas, 600 Cushing, concurred with Ms. MacMaster regarding moving Mr. Hodges up on the agenda. Elaine Pantak, 1930 Indianwood Rd., stated that she had filed a Freedom of Information Act request on February 25, 1993. She had presented the request to the Board asking for information from the Assessing Department within 10 business days. She stated she had received 1991 Board of Review minutes but did not receive the SEV's and comparables on 16 listed properties for 1990 and 1992. She asked when she would be provided with the rest of the information. She also stated she was not informed that the Assessing Review Committee had met and had since been disbanded. She does not feel the Township is following state guidelines on uniformity in assessments. Supervisor Brown said that Clerk English would look into the status of the request on Tuesday morning. Jill Bastian, 913 Heights Rd., requested that items listed under Pending Business be addressed before Mr. Hodges was allowed to speak. William Wilsher, 915 Buckhorn, addressed the Board regarding the CMS Gas Station site at Clarkston Rd. and M -24. He said a lake monitor was to have been installed in Buckhorn Lake before ground water pumping was begun to clean up contamination at the site. To date, he has not received a response from CMS or the Township on where the pump is or when it was installed. Mr. Wilsher stated he has had the pumping shut down twice because he feels it has affected his well and the level of Buckhorn Lake but they are now pumping again at a reduced level. He asked the Supervisor to send a letter to CMS requesting information on the pump as soon as possible and asking that the pump be shut down and the 12 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES REGULAR MEETING. MONDAY, MARCH 15 1993 MINUTES PUBLIC COMMENT cont... station be closed until this matter is taken care of. He also objected to the heavy equipment which is parked bn— thE-- Road— Ca- mmision - proper He wed —fhe equipment to be moved or stored on the station property. He also noted there are no "handicapped parking" signs posted at the station and there is a missing "no left turn" sign on Clarkston Rd. Tom Berger, Building Official, explained that a temporary C of 0 was issued when items relating to the safety and welfare of the public were met. He explained there is much more work to do on the site but the work has been delayed by inclement weather. He said he was aware of the missing signs and the stored equipment and that he has been in contact with Oakland County Road Commission. Mr. Berger also said the monitor is not in the lake and he is working with the Township Engineers to find out why. Dennis Krause, 720 Pine Tree, concurred with Mr. Wilsher regarding the "no left turn" signs on Clarkston Rd. and felt the Township could be liable for a serious accident. David Hodges, 204 O'Connor, asked that his agenda item be moved up to Pending Business because he had met the agenda deadline and he had been before the Board previously on this matter. Dennis Hart, 4424 Maybee Rd., asked when Maybee Rd. would be opened since the scheduled date had passed. Supervisor Brown said there were more problems than had been anticipated and the road would not be open until the job was completed correctly. Marvin Hagood, 1403 Heights Rd., questioned the date of the Square Lake SAD Public Hearing and the date of the meeting between DLA and the Board regarding proposed operational guidelines. Supervisor Brown said that dates may be set when this matter is addressed later in the meeting. 7. APPROVAL OF AGENDA Moved by Skylis, supported by Barnes to move Item E under New Business - Request from Resident to Address the Board - to Item G under Pending Business. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. Moved by Hall, supported by Barnes to approve the agenda with the following amendments: Under Item 8E -2 - add cost estimate for smoking room. Under Item 8F -3 - add Treasurer's office PC. Change Item 9E to 8G - Hodges request to address Board. Add Item 8H - DPW Matters - Conklin sewermain break. Add Item 9E - Agenda deadline policy. Add Item 9F - Cable Commission fiscal year change. Add Item 9G - Closed Session re: union strategy. AYES: Barnes, Hall, Brown, Skylis, Kemp, English, Cueny. NAYS: None. MOTION CARRIED 7 -0. 8. PENDING BUSINESS A. BUILDING DEPARTMENT MATTERS REQUEST TO COMBINE NON- CONFORMING LOTS, BUNNY RUN, LARRY DENIO, PETITIONER. Larry Denio, builder and property owner, was present and answered questions from the Board regarding his request to combine nonconforming lots to create a building site. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES 13 REGULAR MEETING MONDAY MARCH 15, 1993 MINUTES Request to "Combine Non- comforming Lots cont Moved by Cueny, supported by English to approve the request to combine non - conforming lots 1, 2, 31, & 32, Block 15, Bunny Run Country Club, Larry Denio, petitioner. AYES: Barnes, Hall, Brown, Skylis, Kemp, English, Cueny. NAYS: None. MOTION CARRIED 7 -0. C. PARKS AND RECREATION MATTERS GRANT FOR SAFETY PATH FUNDING. Mark Vagi, Director of Parks and Recreation, informed the Board that he will be submitting an application for matching grant money from the Michigan Department of Transportation Enhancement Activity program (memo* dated March 9, 1993). These funds will be available for safety path construction in 1994 -1996. Mr. Vagi also submitted information on four proposed sites (including preliminary cost estimates) based on recommendations from the Safety Path Committee. He explained that an application with 50% of the project cost contributed by the Township would receive the most consideration from the state. B. POLICE MATTERS - REQUEST TO PURCHASE WATER HEATER estimates (memo* from Supervisor Brown dated March 9, 1993) the April Moved by Skylis, supported by Kemp to authorize the submitted purchase of a water heater for the OCSD substation from State Department Express Plumbing of Oxford at a cost of $365 with the funds to come out of the Police Fund. AYES: Cueny, Hall, Barnes, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. C. PARKS AND RECREATION MATTERS GRANT FOR SAFETY PATH FUNDING. Mark Vagi, Director of Parks and Recreation, informed the Board that he will be submitting an application for matching grant money from the Michigan Department of Transportation Enhancement Activity program (memo* dated March 9, 1993). These funds will be available for safety path construction in 1994 -1996. Mr. Vagi also submitted information on four proposed sites (including preliminary cost estimates) based on recommendations from the Safety Path Committee. He explained that an application with 50% of the project cost contributed by the Township would receive the most consideration from the state. D. ORDINANCE ADOPTION FIRST READING - REZONING REQUEST, JOSLYN AND NEWMAN, TOM BOSCO PETITIONER (memo* dated February 25, 1993 from the Planning Commission regarding PC -93 -1) Ed Salter, representing Thomas Bosco, present. Moved by Cueny, supported by PC -93 -1 for First Reading, a request to north of Newman Rd., west of Josly (Suburban Estates) to SR (Suburban Bosco, petitioner. This item will be placed on the April 5, 1993 agenda. petitioner, was Hall to accept rezone 35 acres 1 Rd., from SE Ranch), Thomas advertised and E. PREVIOUS AGENDA ITEMS 1. REQUEST FOR SAD FOR SQUARE LAKE MAINTENANCE (memo* dated March 10, 1993 from Clerk English) Jerry Moon, 1450 Kempster, was present and answered questions from the Board. Moved by Barnes, supported by Skylis to adopt the following Resolution* regarding Square Lake Special Assessment District: RESOLUTION WHEREAS, the Township has received plans prepared by certain residents, showing a certain proposed improvement to Square Lake in Orion Township, and an estimate of costs; Mr. Vagi will present more detailed plans and cost estimates and a Resolution for adoption by the Board at the April 5, 1993 meeting. This information will be submitted with the application which is due at the State Department of Transportation by April 15, 1993. D. ORDINANCE ADOPTION FIRST READING - REZONING REQUEST, JOSLYN AND NEWMAN, TOM BOSCO PETITIONER (memo* dated February 25, 1993 from the Planning Commission regarding PC -93 -1) Ed Salter, representing Thomas Bosco, present. Moved by Cueny, supported by PC -93 -1 for First Reading, a request to north of Newman Rd., west of Josly (Suburban Estates) to SR (Suburban Bosco, petitioner. This item will be placed on the April 5, 1993 agenda. petitioner, was Hall to accept rezone 35 acres 1 Rd., from SE Ranch), Thomas advertised and E. PREVIOUS AGENDA ITEMS 1. REQUEST FOR SAD FOR SQUARE LAKE MAINTENANCE (memo* dated March 10, 1993 from Clerk English) Jerry Moon, 1450 Kempster, was present and answered questions from the Board. Moved by Barnes, supported by Skylis to adopt the following Resolution* regarding Square Lake Special Assessment District: RESOLUTION WHEREAS, the Township has received plans prepared by certain residents, showing a certain proposed improvement to Square Lake in Orion Township, and an estimate of costs; 1CAARTER TOWNSHIP OF ORION BOARD OF TRUSTEES REGULAR MEETING, MONDAY, MARCH 15, 1993 MINUTES SQUARE LAKE RESOLUTION cont... THEREFORE, BE IT RESOLVED, 1. That the plans and estimate referenced above shall be filed with the Township Clerk. 2. That this Board hereby tentatively declares its intention to have Square Lake improved by the continued operation and maintenance of the existing and functional water irrigation system for Square Lake. 3. That this Board hereby tentatively designates the lands as described on Exhibit "A "* attached hereto and made a part hereof, located within the Township of Orion, Oakland County, Michigan as constituting the special assessment district against which the costs of the above - described improvement are to be assessed. 4. That the Township Board shall, at a regular meeting to be held at the Orion Township,Hall, 2525 Joslyn, Lake Orion, Michigan, on April 5, 1993, at 8:00 p.m., hear and consider any objections to the above - described improvement and /or the above - described special assessment district. 5. That notice of the hearing described in Paragraph 4 shall be given by publishing the notice attached hereto as Exhibit "B "* twice prior to the hearing in the LAKE ORION REVIEW, a newspaper circulating in the Charter Township of Orion, and also, by mailing a copy of the notice, by first class mail, to each owner of, or party in interest in property located within the proposed special assessment district, whose name appears upon the last Township tax assessment records, and also to any railroad companies as required by Section 4 of Act 188, Public Acts of 1954, as amended. The first publication and the mailing of notice shall take place at least ten (10) days prior to the date and time of hearing. AYES: Kemp, English, Brown, Hall, - Cueny, Barnes, Skylis. NAYS: None. MOTION CARRIED 7 -0. 2. SMOKING POLICY FOR ORION TOWNSHIP HALL. Moved by Barnes, supported by Kemp to adopt the "Designated Smoking Areas" policy* (yellow sheet) for Orion Township Hall as of May 1, 1993 with the designated "smoking permitted area" to be the east side of the storage room in the lower level near the fan. AYES: Skylis, English, Brown, Hall, Barnes, Kemp. NAYS: Cueny. �MVOCTION ARRIED 6 -1. iPT STAG y�tzlitd ,a�rslu,� iG�%7av ico dvn ,am.r/ -G Supervisor Brown will come back to the Board with three public bids for construction of the smoking room. 3. REQUEST FROM SUNSET HILLS RESIDENTS RE: INTERSECTION. Cheryl Reichert, 850 E. Clarkston Rd., asked if any further action will be taken on her January 4, 1993 request* for improvements to the intersection of Sunset Hills and Clarkston Road. She also said she had done additional research and feels that the provisions of Township Ordinance No. 60 - Private Road and Acreage Split Ordinance - have been violated. She referred specifically to Section 5E, Item 10 requiring a civil engineer to be hired to inspect and approve plans and construction of private road improvements prior to the issuance of any building permits; Section 5F, construction permits to be obtained from the OCRC 1 15 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES REGULAR MEETING MONDAY, MARCH 15, 1993 MINUTES SUNSET HILLS REQUEST cont... before entrances are constructed into County Right -of- way (Oakland County claims that no permit was issued for this road); and Section 5H, stating that no building permits shall be issued by the Township unless the roadway meets the specifications of the ordinance. Mrs. Reichert felt that the Township has ultimate responsibility for the lot split, the private road, and issuing the building permits which created this situation. She asked that someone on the Township Board "make a motion stating that the Township Board will accept responsibility for rerouting and fixing Sunset Hills to meet Road Commission requirements since the Orion Township Board previously did not enforce Ordinance No. 60." Discussion followed on recommending that the County install flashing warning signs and stops signs. Mrs. Reichert said the County would not install such signs on a County road at the intersection of a private road. Further discussion followed on pursuing this matter with the Road Commission. -------------------- F. CONSENT AGENDA. Moved by Cueny, supported by Barnes to approve the first two items of the Consent Agenda as follows: 1. Solicitation Request. Approved request from Lake Orion Lions Club to conduct White Cane sales from April 23 -30 and May 1 -2, 1993. 2. Approval of Lawn and Tree Care. Approved request to spend $935 for lawn and tree care services as outlined in a memo* dated March 15, 1993 from Reenae Vail, Director of Hall Maintenance. AYES: Kemp, Skylis, English, Brown, Cueny, Barnes. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. 3. Request to Replace PC - Clerk's Office and Treasurer's office. Moved by Barnes, supported by English to purchase two personal computers for the Clerk's office and the Treasurer's office from Electric office Systems at a cost not to exceed $2130 each. Discussion followed on the possibility of downgrading the specifications for the computers to save money. The motion before the Board was withdrawn. Moved by Cueny, supported by English to authorize the Clerk and Treasurer to work with Trustee Barnes to purchase appropriate computer equipment at a cost not to exceed $3500. AYES: Kemp, Skylis, Cueny, English, Barnes, Brown. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. Parvin Lee, Township Attorney, explained that the Township does not have jurisdiction over public or private roads. He also explained that Ordinance No. 60 controls owners of property and that the current property owners are successors in interest to the developer, Mr. DiNello. Mr. Lee suggested that a Special Assessment District could be formed to correct the problem and that the Township could elect to assume some portion of an SAD. Supervisor Brown stated he would work with the residents to find a mutually satisfactory resolution to this problem. ------------------------------------------------ The Township Board temporarily recessed from 9:12 -9:28 p.m. Treasurer Hall left the meeting during the recess. -------------------- F. CONSENT AGENDA. Moved by Cueny, supported by Barnes to approve the first two items of the Consent Agenda as follows: 1. Solicitation Request. Approved request from Lake Orion Lions Club to conduct White Cane sales from April 23 -30 and May 1 -2, 1993. 2. Approval of Lawn and Tree Care. Approved request to spend $935 for lawn and tree care services as outlined in a memo* dated March 15, 1993 from Reenae Vail, Director of Hall Maintenance. AYES: Kemp, Skylis, English, Brown, Cueny, Barnes. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. 3. Request to Replace PC - Clerk's Office and Treasurer's office. Moved by Barnes, supported by English to purchase two personal computers for the Clerk's office and the Treasurer's office from Electric office Systems at a cost not to exceed $2130 each. Discussion followed on the possibility of downgrading the specifications for the computers to save money. The motion before the Board was withdrawn. Moved by Cueny, supported by English to authorize the Clerk and Treasurer to work with Trustee Barnes to purchase appropriate computer equipment at a cost not to exceed $3500. AYES: Kemp, Skylis, Cueny, English, Barnes, Brown. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. 16 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES REGULAR MEETING, MONDAY, MARCH 15, 1993 MINUTES G. REQUEST FROM RESIDENT TO ADDRESS THE BOARD. David Hodges, 204 O'Connor, read a letter* which he had presented to Board of Review members along with a packet of information. He pointed out that four new members were appointed to the Board of Review on March 6. He asked that a new vote of all members of the Board of Review be taken regarding adopting the Oakland County hardship application form and giving citizens the right to resubmit the new application if they have already filed using the old form. The Township Attorney explained that the Board of Review is an independent quasi - judicial body. The Township Board appoints the Board of Review and but has no authority to direct them to take any action nor can it modify any action they take. Mr. Hodges asked to see minutes of the meeting of the March 2 Board of Review meeting. Clerk English stated that the March 2 minutes have not been received in the Clerk's office but she will furnish them to Mr. Hodges as soon as she receives them. He questioned how each Board of Review member voted with respect to the new Oakland County hardship application form. Supervisor Brown stated that on March 2 a vote was taken of the six members who were appointed at that time. The final vote was 5 -1 to use the original hardship form. Mr. Hodges also asked who is responsible for the minutes prior to final disposition of cases and where or from whom new members receive training and guidelines. He also questioned who was the official secretary to the Board of Review. Mr. Lee explained that Kim Vincent is the official secretary to this Board of Review. Mr. Hodges also felt the official secretary should have attended this meeting to answer questions. Marge Hodges, 1215 Beach Dr., asked if the Supervisor or Assessor can veto the action of the Board of Review. Also, does the three member Board who hears the petition have the final vote? Mr. Lee confirmed that the three member Board of Review who hears the petition has the final vote and the Supervisor or Assessor cannot veto that action. Discussion followed on whether action was taken against Board of Review members who had crossed out figures on a 1991 hardship form. Supervisor Brown stated no action was taken. Mr. Hodges also questioned if individuals who filed hardship applications in 1991 qualified to appeal to the State Tax Tribunal. Mr. Lee explained that, based on a recent case, they could not be denied the right of appeal. Rex Trimm, 4865 Huston, and Elaine Pantak, 1930 Indianwood Rd. also addressed the Board at length regarding inequities in assessments and asked that guidelines and standards be developed for determining assessments and hardship cases. H. DPW MATTERS CONKLIN SEWERMAIN BREAK. Richard White, Director of DPW, informed the Board of a sewermain break on Conklin Rd. last week. A sewer backup occurred but flow is being maintained and cleanup has begun. 1 1? CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES REGULAR MEETING, MONDAY, MARCH 15, 1993 MINUTES CONKLIN SEWER MAIN BREAK. cont... Mr. White estimates the cost to replace approximately 100 feet of main will be $15,000 - $20,000 and all necessary steps are being taken to make the repair. A resident whose basement was damaged when the backup occurred has been in contact with the Township. A. PLANNING COMMISSION RECOMMENDATIONS 1. LONESOME LAKE ESTATES #2 REVISED. Clerk English read a communication* from the Planning Commission dated March 5, 1993 regarding PC- 92 -31W. Moved by English, supported by Skylis to concur with the recommendation from the Planning Commission and approve Lonesome Lake Estates #2 Revised Wetlands, Township date stamped February 10, 1993. AYES: Kemp, Brown, Barnes, Cueny, Skylis, English. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. 2. LONESOME LAKE ESTATES #2 REVISED FPP. Clerk English read a communication from the Planning Commission dated March 5, 1993 regarding PC- 92 -37. Moved by Kemp, supported by Skylis to concur with the Planning Commission and approve Lonesome Lake Estates #2 Revised Final Preliminary Plat, Township date stamped February 10, 1993 with the recommendation that the engineer review Lot #28 for the possibility of preserving the trees. AYES: Cueny, Barnes, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Hall. ' MOTION CARRIED 6 -0. B. PRESENTATIONS. 1. AUDITORS. Proposals were accepted for auditing services for 1992 and 1993. Ten proposals were received by the noon, March 2, 1993 deadline. The Review Committee (Supervisor Doug Brown, Clerk Marie English, and Sharon Smith, Bookkeeper) selected three firms to make presentations at this meeting. Representatives of the firms drew numbers and presentations were made in the following order: Campbell, Kusterer & Co., Skillman, Boyle & Pollack Schmaltz & Company 2. PLANNERS. Proposals were also accepted for planning services for 1992 and 1993. Six proposals were received by the noon March 2, 1993 deadline. The Review Committee (Mame Rusch, Building and Zoning Coordinator, Peter Kemp, former Planning Commission Chairman, Michael Kilbourne, current Planning Commission Chairman, and Clerk Marie English) selected ' three firms to make presentations at this meeting. Representatives of the firms drew numbers and presentations were made in the following order: Carlisle Associates, Inc. McKenna Associates Vilican -Leman & Associates, Inc. A final decision will be made regarding auditing and planning services at a future meeting. C. RESOLUTION RE: PROPERTY TAX REFORM Moved by Cueny, supported by English to adopt the following Resolution* regarding property tax reform: CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES REGULAR MEETING MONDAY MARCH 15 1993 MINUTES PROPERTY TAX RESOLUTION cont... RESOLUTION WHEREAS, the continued rapid escalation of property taxes is placing a severe hardship on property owners in the State of Michigan, especially senior citizens on fixed incomes and property owners with lower incomes; and WHEREAS,the State of Michigan provides a Homestead Property Tax Credit to some lower income property owners with a $1,200.00 maximum credit, which was established in the 19701s; and WHEREAS,while the property taxes have skyrocketed since then, the maximum credit has remained at the same level. NOW THEREFORE BE IT RESOLVED, that the Charter Township of Orion Board of Trustees, on behalf of its property owners, does hereby.state that school taxes should be removed from all property taxes, and that it should be replaced with an increased sales tax. A rainy day fund should be set up to cover when sales tax income is low. The school boards should retain local control over school funds as they have now. If property taxes are reduced, businesses will be encouraged to remain in Michigan, others will be encouraged to relocate in Michigan, and seniors will not be forced out of their homes. BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to .the Governor, all State Legislators, the Oakland County ITI Board of Commissioners, all municipalities within Oakland County, local school boards, the Michigan Townships ``ll Association, Michigan Municipal League, Michigan Association ,_1��of Counties, Michigan Education Association, Michigan 4. DDDD Association of School Boards, Michigan Department of Education, Michigan Chamber of Commerce and our U.S. Senators and Representatives. VOTE: AYES: Kemp, Skylis, English, Brown, Cueny. NAYS: Barnes. ABSENT: Hall. MOTION CARRIED 5 -1.;& v -PD. SMART MUNICIPAL CREDITS PROGRAM CONTRACTS (memo* from Supervisor Brown dated March 9, 1993) Moved by Barnes, supported by Skylis to approve the ,SMART contracts and authorize the Supervisor and Clerk to sign on behalf of the Township. AYES: Skylis, Brown, English, Cueny, Barnes, Kemp. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. E. AGENDA DEADLINES. to adopt the deadlines: Township Departm requesting items received by the Tuesday, prior to Moved by Barnes, supported by Skylis following policy regarding agenda ents: All agenda item cover sheets to be placed on the agenda must be Township Clerk's office by noon, the Township Board Meeting. 12 copies of agenda items must be received by the Supervisor's office by 10:00 a.m., Wednesday prior to the Township Board meeting. Public Requests: All requests to be placed on the agenda must be received in writing by the Township Clerk's office by noon, Tuesday, prior to the Township Board Meeting. VOTE: AYES: Cueny, Barnes, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Hall. MOTION CARRIED 6- 0. Clerk English said she will contact the Lake Orion Review to have an article placed in the newspaper to inform citizens of the Board policy. ,g CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES .L REGULAR MEETING MONDAY, MARCH 15, 1993 MINUTES AGENDA DEADLINE, cont... Trustee Kemp also recommended that a Board policy be adopted regarding adding items to the agenda on the night of the meeting. Trustee Cueny suggested adding a heading to the agenda for Board comments. F. OCCCC FISCAL YEAR. Board members had no objections to Orion Community Cable Communications Commission changing its fiscal year to the calendar year. The fiscal year currently ends in June. G. CLOSED SESSION RE: UNION STRATEGY Mr. Lee suggested a three member committee could be formed to direct the attorney regarding this matter or the Board could go to Closed Session. It was decided to take public comment before going into the Closed Session. PUBLIC COMMENT David Hodges, 204 O'Connor, pointed out that the July 1992 Board of Review minutes contained a motion which said in part "Resolved that the proposed changes for 1992 real property and personal property assessments be approved in accordance with the Township Assessor's recommendations as follows... ". Mr. Lee reiterated that the Board of Review makes its own decisions. Further discussion followed. Bonnie Stickney, 731 E. Clarkston Rd., thanked the ' Board for concurring with the Planning Commission on the SBVE rezoning. Moved by Kemp, supported by Barnes that the Orion Township Board of Trustees go to Closed Session to discuss union strategy. AYES: Barnes, Brown, English, Skylis, Cueny, Kemp. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. The Township Board temporarily recessed at 12:40 a.m. to hold a� Closed Session. The Regular Meeting reconvened at 1:10 further action was taken as a result of the Closed Session. ADJOURNMENT Moved by Skylis, supported by Cueny to adjourn the meeting. AYES: All. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. The meeting was adjourned at 1:15 a.m., Tuesday, March /, 1993. G Marie E. English, Clerk Charter Township of Orion Transcription: Mary Jane Shields *This meeting is on tape. On file in the Clerk's Office. Zo CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * ** MINUTES * ** SPECIAL MEETING, TUESDAY, MARCH 23, 1993 The Charter Township of Orion Board of Trustees held a Special Meeting on Tuesday, March 23, 1993 at 12:00 Noon at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall OTHERS: Susan Galeczka Mame Rusch Trustee Trustee Trustee Trustee Marty Stephenson Tom Berger Al Barnes Burke Cueny Peter Kemp Jim Skylis Bev Shaver Supervisor Brown called the meeting to order at 12:00 Noon. Clerk called the roll and all board members were present. The purpose of the Special Meeting was to consider the lot split request of Robert and Cathy Ochoa for property located at 1906 Indianwood Road, Sidwell No. 09 -04- 201 -005. This meeting is being held at the request of the petitioner. After lengthy discussion it was moved by English, supported by Skylis, to grant tentative lot split approval to the request of Robert and Cathy Ochoa for property at 1906 Indianwood, Sidwell No. 09 -04- 201 -005 with a variance to Ordinance 60 allowing a 22 foot easement instead of a 30 foot easement and final approval being conditioned on the payment of the 1992 taxes. AYES: Barnes, Hall, Brown, English, Skylis: NAYS: Cueny, Kemp. MOTION CARRIED 5 -2. Moved by English, supported by Skylis, to adjourn. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. MOTION CARRIED. MEETING ADJOURNED AT 12:43 P.M. Respectfully submitted,. Marie E. Eng h, Clerk CHARTER TOWN IP OF ORION Transcribed by: Susan Carol Galeczka THIS MEETING IS ON TAPE CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * ** MINUTES * ** SPECIAL MEETING, TUESDAY, MARCH 23, 1993 The Charter Township of Orion Board of Trustees held a Special Meeting on Tuesday, March 23, 1993 at 12:30 p.m. at the ' Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan. BOARD MEMEBERS PRESENT: Supervisor Doug Brown Trustee Al Barnes Clerk Marie English Trustee Burke Cueny Treasurer Suzanne Hall Trustee Peter Kemp Trustee Jim Skylis OTHERS: Susan Galeczka Jill Bastian Supervisor Brown called the meeting to order at 12:43 p.m. Clerk called the roll and all board members were present. J CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES SPECIAL MEETING, TUESDAY, MARCH 23,E 1993 The purpose of the Special quotes for smoking room enclosure lower level. Supervisor Brown read quotes: T.P Trimble Construction Pepper Construction Co. Village Contracting Inc. J. & J Services 21 Meeting was to consider the at the northeast end of the into the record the following $2,723.00 $2,100.00 $1,875.00 $1,243.00 These quotes cover the enclosure of a 8' x 9' room at the northeast end of the lower level using the existing exhaust fan. After a discussion it was moved by Skylis, supported by Kemp, to accept the proposal from J & J Services to build an 8" x 9" room in the northeast corner of the lower level using the existing exhaust fan at a cost of $1,243.00; this cost will also include clean up. AYES: Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: Cueny. MOTION CARRIED 6 -1. Moved by English, supported by Hall, to All. NAYS: None. MOTION CARRIED. MEETING ADJOURNED AT 1:00 P.M. ' TRANSCRIBED BY: Susan Carol Galeczka This Meeting is on Tape adjourn. AYES:1 Respectfully submitted, Marie E. Eng ish, Clerk CHARTER TOWNSHIP OF ORION ----------------------------------------------------------------- ----------------------------------------------------------------- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES OF SPECIAL JOINT MEETING WITH LAKE ORION SCHOOL BOARD VILLAGE OF LAKE ORION ORION TOWNSHIP LIBRARY BOARD WEDNESDAY, MARCH 31, 1993 The Charter Township of Orion Board of Trustees held a Special Joint Meeting with the Lake Orion School Board, the Village of Lake Orion and the Orion Township Library Board on Wednesday, March 31, 1993 at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan for the purpose of discussing community concerns. The following people attended the meeting: VILLAGE OF LAKE ORION John Berchtold, Village Manager Marry Simmons, Village Clerk William Grube Morris Cucksey Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis Ron Curtis Maria Yamasaki Richard T. White Douglas Dendel Harry Stephen Timothy Arthaud Robert Hollenbeck ORION TOWNSHIP BOARD Supervisor Doug Brown Clerk Marie English ' Treasurer Suzanne Hall LAKE ORION SCHOOL BOARD Robert Bass, Superintendent Karen Loerch Dan Sargent Tony Rothschild VILLAGE OF LAKE ORION John Berchtold, Village Manager Marry Simmons, Village Clerk William Grube Morris Cucksey Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis Ron Curtis Maria Yamasaki Richard T. White Douglas Dendel Harry Stephen Timothy Arthaud Robert Hollenbeck "' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES SPECIAL JOINT MEETING WEDNESDAY MARCH 31, 1993 MINUTES ORION TOWNSHIP LIBRARY Linda sickles, Librarian Doug Bastian Joyce Edson ABSENT: Kelly Carter, Village of Lake Orion Gordon Brown, Village of Lake Orion Larry Gruber, Lake Orion Schools Collette Dywasuk, Orion Township Library OTHERS: Sandra Dyl Mary Ann Ryan Richard LaGrow Harry Potvin Helen Parker Carl St. Henry Carl Johnson Richard Tomczak Roger Slee Mary Anne Thorndycraft Frank McIsaac Kevin Laidler Deborah Wilson Pat Belanger Jim Marleau Leon Harrison Bonnie Stickney Jill Bastian The meeting was called to order at 7:15 p.m. by Orion Township Supervisor Doug Brown. The main topics of discussion included: * The State tax proposal which will be on the June 2, 1993 ballot and, if passed, would lower the school operating millage rate, limit assessments and raise the State sales tax. There was lengthy discussion on the need to maintain quality education while providing property tax relief for residents. * Residential grown in Orion Township and the possible need for a school bond issue for new buildings, maintenance, and upgrading technology. There Yas also Mrf discussion on the possibility of encouraging 4 commD ercial and industrial development to increase the tax base and on controlling density to limit population growth. * The Downtown Development Authority in the Village of Lake Orion and its effect on school funds. Some residents were in favor of abolishing the DDA. * Update on progress at the Orion Township Library in recovering from two years of cutbacks and meeting long range goals set in 1991. * The need to coordinate use of voting machines for the June 2 Special Election and the June 14 School Election and the move by Oakland County to have a standard electronic voting system in all communities. * The need to improve the water system in the Village of Lake Orion by either upgrading its system or hooking up to Detroit water. * Update on the activities of the Recycling Committee. * State matching grants which are available for safety path construction. * Brief discussion on traffic problems on M -24. ' * The need to cut budgets and control costs on all government levels. The meeting was closed at 9:00 p.m Marie E. English Clerk CHARTER TOWNSHIP OF ORION ME /mis This meeting is on tape. 23 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* REGULAR MEETING, MONDAY, APRIL 5, 1993 The Charter Township of Orion Board of Trustees held Regular Meeting, Monday, April 5, 1993 at 7:00 p.m. at the Ori Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Trustee Allen Clerk Marie English Trustee Burke Treasurer Suzanne Hall Trustee Peter Trustee James OTHERS: Darrel Cole Sharon Smith Allan Motzny Mark Perkoski Carl Cyrowski Leon Harrison Bill Winegar Richard White Cheryl Bzdok Gerri Harding Geri Gibbons Don Bartus Steve Veillette Edward Bretzloff Doug Bastian Carol Kurtz Mike Kolomitz Norman Hagood M. Olski Norman Schultz Mike Siedlak Mark Stepek Perry Buhl Kathleen Lester James Alexander 1. CALL TO ORDER Timothy Pearson Gail Connolly Melanie Kursinsky Lt. Mike McCabe C. Krajicek M. Stephenson Stephanie Winegar Jim Milford Michael Bzdok Craig Spencer Dewey Mobley Peggy Harvey D. Veillette Timothy Walker Joseph Piirala Jeff Thorne Cathie Kolomitz G. Snell Rosemary Couwlier Archie McAlpine Lois Whitham Muriel Yuergans Paul Hermann Kathy Krezinski Tony Franco Barnes Cueny Kemp Skylis (8:15) Kevin McKervey Jill Bastian M. Thorndycraft Mark Vagi Sandra Dyl Sherri Chevrier Frank Kunz Joan Leshley Howard Kelley Paul Snapp Mary Mobley Frank Harvey David Berlin Linda Hagberg Bill Wrighton Dennis Hardy Robert M. Williams Dorothy Hawn Susan Klepper Helen McAlpine Lilian Hendrix Linda Thierry Joe Fraga Phil Gentile The meeting was called to order at 7:00 p.m. by Supervisor Brown. 2. PLEDGE AND INVOCATION The Pledge of Allegiance the Invocation was given Orion Assembly of God. 3. ROLL CALL was led by Clerk English and by Pastor Tim Pearson, Lake Clerk English called the roll. All members were present except Trustee Skylis. 4 APPROVAL OF MINUTES A. REGULAR MEETING. Moved by Kemp, supported by English to approve the minutes of the Regular Meeting of Monday, March 15, 1993 with the following ' corrections: *Page 8, Smoking Policy for Orion Township Hall, after the vote on the motion add - "Trustee Cueny voted no on the motion because the smoking room is too small." *Page 14, Property Tax Resolution, after the vote on the motion add - "Trustee Barnes voted no on the motion because, even though he supports property relief, he preferred that 1/3 of the school budget be supported by sales tax, 1/3 by income tax, and 1/3 by property tax." *Page 16, change date to Tuesday, March 16, 1993. VOTE- AYES: Cueny, Barnes, Hall, Brown, English, Kemp. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. 24 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, APRIL 5. 1993 B. SPECIAL MEETING REGARDING LOT 1993, 12:00 P.M. Moved by Cueny, to approve the minutes of the S March 23, 1993 at 12:00 p.m. as Kemp, English, Brown, Hall, Barnes, ABSENT: Skylis. MOTION CARRIED 6 -0. SPLIT - MARCH 23, supported by Barnes Decial Meeting held submitted. AYES: Cueny. NAYS: None. C. SPECIAL MEETING TO CONSIDER BID FOR SMOKING ROOM - MARCH 23, 1993, 12:30 P.M. Moved by Kemp, supported by Barnes to approve the minutes of the Special Meeting held March 23, 1993 at 12:30 p.m. as submitted. AYES: Cueny, Hall, Brown, English, Kemp, Barnes. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. CORRECTIONS TO MINUTES OF 2/24/93 AND 3/6/93. Moved by Kemp, supported by English to accept the corrections of the minutes of February 24, 1993 and March 6, 1993 as presented at this meeting. AYES: Cueny, Barnes, Hall, Brown, English, Kemp. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. 5. APPROVAL OF BILLS A. INDIANWOOD -ORION ROADS WATER.MAIN CHANGE ORDER 41. Moved by Kemp, supported by Cueny to ,approve the Indianwood -Orion Roads Water Main Change Order #1 (increase in contract of $4904.39). AYES: Barnes, Hall, Brown, English, Cueny, Kemp. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. B. LIST OF BILLS FOR 'APPROVAL. There was discussion on whether the Attorney bills were being charged'to the funds which incurred .the. expense. Moved by Kemp, supported by Hall to approve the bills for payment as presented (total $84,326.07 including the Indianwood- Orion Roads Water Main Change Order). AYES: Cueny, Barnes, Brown, English, Hall, Kemp. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. _ .3 BRIEF PUBLIC COMMENT Jill Bastian, 913 Heights Rd., addressed the Board regarding her positive experience as.a,member of the Board of Review. She also discussed procedures for obtaining SEMCOG road funds. Connie Krajicek, 1111 Leidich, addressed the Board regarding her tax bill and assessment record which shows incorrect amounts and descriptions for property which was split last October. She asked that the errors be corrected. Sandy Dyl, 1558 Nancy G., commented that the Planning Commission needs an attorney opinion on changes which may be needed to the Township wetlands ordinance before the State Wetlands Act takes effect. 7. APPROVAL OF AGENDA Trustee Cueny requested that the meeting adjourn by 11:00 p.m. Supervisor Brown announced that a Special Meeting will be held on Tuesday, April 13, 1993 at 7:00 p.m. at the Township Hall to discuss the use of CDA funds ($88,362 available). Other items which are not completed at this meeting may also be addressed at that meeting. Moved by Cueny, supported by Barnes to approve the agenda as submitted. AYES: Kemp, English, Brown, Hall, Barnes, Cueny. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. 14 l__J CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUU REGULAR MEETING, MONDAY, APRIL 5, 1993 8. PENDING BUSINESS I A. ATTORNEY MATTERS. PINEGROVE ESTATES SUBDIVISION VS ORION TOWNSHIP. Allan Motzny, Township Attorney, explained that James Tamm, Attorney on this case, and Tim Patterson, Township Attorney, agreed that arbitration is not appropriate in this matter. The Consensus of the Board was to direct the attorney to continue as usual in the case Pinegrove ' Estates Subdivision vs Orion Township. B. DPW MATTERS. 1. CONKLIN ROAD SEWER REPAIR BID (memo* from Richard White, Director of DPW dated March 31, 1993) Moved by Cueny, supported by English to award the Conklin Rd. Sanitary Sewer Repair bid to DiPonio & Morelli Construction Co. in the amount of $11,700 for repairing the sewer. AYES: Barnes, Hall, Brown, Kemp, English, Cueny. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6- 0. DEWATERING - CONKLIN ROAD REPAIR. Moved by Hall, supported by Kemp to award the dewatering bid to Armand Drilling and Dewatering Co. at the rate of $1,100 for mobilization and $200 per day for operation. Trustee Barnes questioned if a limit could be put on the number of days of dewatering. AYES: English, Brown, Barnes, Cueny, Kemp, Hall. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. 2. VILLAGE OF LAKE ORION WATER RATES. Trustee Cueny recommended that the Board take action to set a ' deadline for the Village of Lake Orion to act on the proposal for water from the Township or that a rate increase of up to 30% will be charged after that time. He felt that the Village had delayed taking action on this matter for over a year and such a deadline would encourage them to proceed. Discussion followed on the need to review the Township proposal and discuss what rates would be appropriate. Moved by Cueny, supported by Barnes that the Village have until June 30 to give us an answer on their water intent or we will have a rate increase after that time. AYES: Kemp, Hall, English, Cueny, Brown, Barnes. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. C. FIRE DEPARTMENT MATTERS. 1. REQUEST TO PURCHASE POSITIVE PRESSURE FANS (memo* dated March 30, 1993 from Fire Chief Jeff Key) Moved by English, supported by Cueny to purchase three positive pressure ventilation fans (RAMFAN Corp., Model GF -165 Turboventilator) at a cost of $1100 each. AYES: Kemp, Brown, Hall, Barnes, Cueny, English. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. ' 2. REQUEST TO CONTRACT FOR LAWN MAINTENANCE AT FIRE HALLS. Fire Chief Jeff Key requested authorization to contract with a lawn service company for the lawn mowing and yard maintenance at the fire stations. This would allow fire personnel to concentrate on activities more directly related to providing fire and emergency medical service. After discussion on whether other Township personnel would be available to take over the work, the Consensus of the Board was to allow the Fire Chief to go out for competitive bids for lawn maintenance. 2'fi CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES REGULAR MEETING MONDAY, APRIL 5. 1993 MINUTES Fire Department Matters, cont... 3. REQUEST TO PURCHASE VEHICLE (memo* from Chief Key dated March 31, 1993) Moved by Cueny, supported by English to purchase a 1993 Chevrolet or GMC Suburban to replace the 1986 model now in use by the Fire Department with the 1986 Suburban to be repaired for use during the daytime by the Fire Inspector. Discussion followed on fire vehicles which are stored ' at the DPW garage. Trustee Kemp objected to purchasing any more vehicles until they are removed. AYES: Brown, Hall, Barnes, English, Cueny. MAYS: Kemp. ABSENT: Skylis. MOTION CARRIED 5 -1. ----------------------------------------------------------------- The meeting temporarily recessed at 8:00 p.m. to hold a Public Hearing regarding the Square Lake Special Assessment District. Trustee Skylis arrived at 8:15 p.m. The Public Hearing was declared held at 8:50 p.m. ----------------------------------------- -- ---------------- - - - - -- SQUARE LAKE SPECIAL ASSESSMENT DISTRICT Moved by Cueny, supported by English to table this matter and, because the Assessing Department is jammed answering Board of Review responses, ask them to determine as soon as possible whether 20% of the land mass of the area objects to the Special Assessment District. AYES: Skylis, Brown, Hall, Barnes, English, Cueny. NAYS: Kemp. MOTION CARRIED 6 -1. Trustee Kemp objected to the motion because he felt there was confusion on how the public should have input and felt the public hearing should be held again now that the ground rules were understood by everyone. D. PARKS AND RECREATION MATTERS ' 1. REQUEST FROM RECYCLING COMMITTEE. Moved by Skylis, supported by Barnes to allocate $300 for the Recycling Committee to produce 3000 color books for the elementary school students and to add that amount to the Community Services Budget as a new line item. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. 2. REPAIR AND MAINTENANCE OF TOWNSHIP HALL PARKING LOTS AND DRIVEWAYS (memo* dated march 25, 1993 from Mark Vagi, Director of Parks and Recreation) Mr. Vagi explained that the parking lots and driveways at the Township Hall are in need of repair, particularly the north lot. There was discussion on the source of funds for the $124,000 approximate cost of repaving. Mark Perkoski, Township Engineer, estimated the cost of preliminary plans and specifications would be 10% of construction costs and take approximately six weeks. Moved by Kemp, supported by Cueny that the subject of repair and maintenance of Township Hall parking lots be tabled until such time as the 1st quarter budget numbers are released and reviewed as to where the cost ' can be budgeted. AYES: Skylis, English, Brown, Hall, Barnes, Cueny, Kemp. NAYS: None. MOTION CARRIED 7 -0. 3. MAYBEE /FLINTRIDGE SAFETY PATH (memo* dated 3/30/93 from Mark Vagi, Director of Parks and Recreation) Mr. Vagi explained that the path would not be extended to Baldwin on Maybee at this time due to the cost of a boardwalk which would be needed over the wetlands. Moved by Kemp, supported by Skylis to authorize the engineers to prepare final construction plans and specifications for a safety path to be constructed on Flintridge /Maybee Roads from Joslyn to Ashley Dr. and to authorize the bid for the safety path, the cost estimate being $162,000 to be paid from the Safety Path Fund. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES ` 7 REGULAR MEETING, MONDAY, APRIL 5 1993 MINUTES Parks & Recreation Matters cont 4. PAINT CREEK RIDGE SIDEWALK REPAIR (memo* dated March 25, 1993 from Mark Vagi, Director of Parks and Recreation) Mr. Vagi explained that the Township has exhausted all its resources in determining why the Paint Creek Ridge sidewalk has buckled and cracked. The developer of the subdivision and the utility companies will not take responsibility for the damage or repair. The Safety Path Committee has recommended ' that the sidewalk be removed immediately and repaired with monies from the Safety Path Fund. Moved by Cueny to authorize the Parks and Recreation Department to replace the broken concrete section in the Paint Creek Ridge sidewalk as soon as possible and that the Safety Path Committee be responsible for the proper reconstruction of this project. After discussion on who should be in charge of the project the motion before the Board was amended to read: Moved by Cueny to authorize the Parks and Recreation Department to replace the broken concrete section in the Paint Creek Ridge sidewalk as soon as possible and that the Township Engineers oversee this project. Further discussion followed on the possibility of pursuing this matter with the developer. Allan Motzny, Township Attorney, stated he has reviewed the ordinance and he feels this is a Township obligation. Moved by Cueny, supported by Barnes, because this ' sidewalk is a hazard, that the Township remove and repair the broken section of the Paint Creek Ridge Subdivision sidewalk with the project subject to Township Engineering so it is supervised properly. After discussion on removing the sidewalk entirely and asking the developer to put in the safety path per the site plans, the motion before the Board was amended to read: �j Moved by Cueny, supported by Barnes, because -7,Att41+9 `3T sidewalk is a hazard, that the Township remove the broken section of the Paint Creek Ridge Subdivision sidewalk with the project subject to Teweship AYES: Hall, Brown, yEnglish, Skylis,VBarnes, Cueny, Kemp. NAYS: None. MOTION CARRIED 7 -0. 5. RESOLUTION REGARDING GRANT APPLICATION FOR SAFETY PATHS (memo* dated March 30, 1993 from Mark Vagi, Director of Parks and Recreation) Moved by Skylis, supported by Kemp to authorize the submittal of a grant application to the Federal Aid Enhancement Fund in the total amount of $345,000 ' representing the Township's share of the projected costs for the proposed projects and to adopt the following Resolution committing the Township to this project: RESOLUTION WHEREAS, Orion Township residents have demonstrated a long standing interest and commitment towards bicycle and pedestrian facilities, and WHEREAS, Orion Township residents currently enjoy and support several existing miles of bicycle and pedestrian facilities, and W CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES REGULAR MEETING, MONDAY, APRIL 5 1993 MINUTES Grant Resolution. cont... WHEREAS, Orion Township is applying for a Transportation Enhan- cement Activity grant to help fund these projects, and WHEREAS, the beginning stages of planning for the construction of an additional five miles of pedestrian facilities are in progress, and WHEREAS, the State of Michigan Department of Transportation will be awarding grant funds for such projects, NOW, THEREFORE, BE IT RESOLVED, that should Orion Township be the recipient of such funding, it is committed to the completion and maintenance of these projects and will provide funds in its budget for these same projects. BE IT FURTHER RESOLVED, that the Orion Township Board of Trustees has appointed its Director of Parks and Recreation as the designated project representative for these stated facility developments. AYES: Kemp, Skylis, English, Brown, Hall,Barnes, Cueny. NAYS: None.MOTION CARRIED 7 -0. E. ASSESSING DEPARTMENT MATTERS. 1. FINAL LOT SPLIT APPROVAL FOR WINEGAR - GREGORY RD. (memo* dated March 31, 1993 from Beverly Shaver regarding lot split request 09 -30- 400 -028) Moved by Hall, supported by Cueny to approve the Winegar final lot split request for,property on Gregory Rd. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. 2. FINAL LOT SPLIT APPROVAL•FOR OCHOA - INDIANWOOD RD. (memo* dated March 31, 1993 from Beverly Shaver regarding lot split request 09 -04- 201 -005) Moved by Hall, supported by English to approve the Ochoa final lot split request for property on Indianwood. AYES: Cueny, Barnes, Hall, Brown, English, Skylis. NAYS: Kemp. MOTION CARRIED 6 -1. F. BUILDING DEPARTMENT MATTERS. 1. SET CONDEMNATION HEARING RE: PROPERTY AT 1692 NEWMAN RD. (Hearing officer's report* dated February 12, 1993) Moved by English, supported by Skylis to set a condemnation public hearing for April 19, 1993 at 8:00 p.m. regarding 1692 Newman Rd. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. 2. UPDATE ON MEACHAM PROPERTY. Tom Berger, Building Official, explained that Mr. Meacham submitted a site plan on March 31, 1993 for 20 W. Clarkston Rd. This matter has been placed on the April 7, 1993 Planning Commission agenda under new business. G. ORDINANCE ADOPTION. AMENDMENT TO ORDINANCE NO. 78, BOSCO REZONING REQUEST. This matter was set over to the April 19, 1993 regular meeting at the request of the applicant. H. CONSENT AGENDA. Moved by Cueny, supported by English to adopt the Consent Agenda as follows: Request to attend Treasurer's Institute. Approved request for Shirley Dingman to attend the Michigan Municipal Treasurer's Institute at Central Michigan University, May 16 -21, 1993 and to pay registration and lodging costs of $575. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES 2 9 REGULAR MEETING. MONDAY, APRIL 5, 1993 MINUTES 9. NEW BUSINESS A. SPECIAL ASSESSMENT DISTRICT REQUESTS. 1. SUNSET HILLS & SUNSET HILLS #1 COMMON PROPERTIES MAINTENANCE. Moved by English, Skylis to receive and file the petition* to create a special assessment district for the purpose of maintaining commonly owned properties in the Sunset Hills and Sunset Hills 41 Subdivisions and to request the Township Engineers to ' prepare a preliminary plan and cost estimate. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. 2. KEATINGTON HOMEOWNERS ASSOCIATION TRASH PICK -UP (memo* dated March 29, 1993 from Supervisor Brown) Keatington Homeowners' Association would like to establish a special assessment district for trash pick- up. They requested that the Township waive the first step of the special assessment district process, petition circulation, and allow them to start the process in the same manner as the Square Lake SAD. KHA felt this would be the best way to proceed because it would be very difficult for volunteers to go to approximately 560 homes in the subdivision on a petition drive. There was concern that starting the process without the use of petitions was very confusing for residents as shown in the case of the Square Lake SAD. They felt that a precedent should not be set for bypassing the petition process. There was also discussion on the administrative cost to the Township of setting up SADs for services such as trash pick -up and whether this was ' performing services for "special interest groups ". Moved by Kemp, supported by Skylis that the Board not proceed any further with this Keatington Homeowners' Association SAD request for trash pick -up. AYES: Cueny, Hall, Brown, English, Skylis, Kemp. NAYS: Barnes. MOTION CARRIED 6 -1. Trustee Barnes objected to the motion because he felt it was the responsibility of the Township to assist residents with such requests. 3. BAYFIELD PRIVATE -TO- PUBLIC ROAD STATUS. Moved by Skylis, supported by Cueny to authorize the Township Engineer to prepare a preliminary plan to upgrade Hayfield to County specifications and to seek an opinion from the Road Commission as to whether or not it would accept the road as public if it were brought up to its standards. AYES: Kemp, English, Brown, Hall, Barnes, Cueny, Skylis. NAYS: None. MOTION CARRIED 7 -0. B. GOOSE ROUND UP. Moved by Skylis, supported by English to authorize the Township to correspond with the DNR and request Canadian goose removal from any lake in the Township upon request of the residents and /or the homeowners association governing the lake or a portion of the lake. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. C. REQUEST TO TRANSFER LCC LICENSE (memo* dated March 31, 1993 from Clerk English) Moved by Kemp, supported by Brown to approve the request from Piontek, Inc. to transfer ownership of a 1992 Class C liquor license with Dance Permit located at 770 N. Lapeer Rd., Lake Orion, Michigan from Sloan- Adams, Inc. and authorize the Clerk to process the necessary paperwork once the concerns of the Building Official and Fire Chief have been met. AYES: Barnes, Cueny, Brown, Hall, Skylis, English, Kemp. NAYS: None. MOTION CARRIED 7 -0. 3cpaRTER TOWNSHIP OF ORION BOARD OF TRUSTEES REGULAR MEETING MONDAY APRIL 5 1993 MINUTES D. AWARD AUDITING BID Based on the recommendation of the Review Committee (Supervisor Brown, Clerk English, Bookkeeper Sharon Smith) a motion was made by Skylis, supported by English to engage Schmaltz and Company for the 1992 and 1993 audits at a cost of $16,500 for the regular 1992 audit and, if a single audit is needed, the cost not to exceed $2,100; with the cost for 1993 to be no more than $17,500 for the regular audit and, if a single audit is needed, the cost not to exceed $2,300. There was concern and Company was experience, also Skillman, Boyle & Treasurer Hall felt a larger firm that services at a lower by some Board members that Schmaltz too small and lacked municipal that their bid was higher than Pollack in the second year. that Skillman, Boyle & Pollack was offered more support and management cost. Clerk English asked the Board to support the Review Committee's choice of Schmaltz and Company because she is in charge of the bookkeeping functions for the Township. She explained that Mr. McKervey of Schmaltz and Company had set up the Township's present system and she felt that a smaller firm would give the Township more individual attention. AYES: Skylis, English, Brown. NAYS: Kemp, Hall, Barnes, Cueny. MOTION FAILED FOR LACK OF SUFFICIENT MAJORITY 3 -9. Treasurer Hall recommended engaging Skillman, Boyle & Pollack for the 1992 and 1993 audit. Moved by Hall, supported by Cueny to engage Skillman, Boyle & Pollack for the 1992 audit at a cost of $16,900 and for the 1993 audit at a cost of $15,900. AYES: Cueny, Barnes, Hall, Kemp. NAYS: Brown, English, Skylis. MOTION CARRIED 9 -3. E. AWARD PLANNING CONSULTANT BID (memo* dated 3/29/93 from Michael Kilbourne, Planning Commission Chairman) Moved by Skylis, supported by English to retain Vilican -Leman as the Township Planning Consultants for 1992 and 1993. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. F. ESTATES OF LONG LAKE FINAL PLAT APPROVAL (memo* from Orchard, Hiltz & McCliment) Mark Perkoski, Orchard, Hiltz & McCliment answered questions from the Board on this item. Moved by Cueny, supported by Kemp to approve Final Plat for Estates of Long Lake (PC- 91 -21) because the Plat is in substantial compliance with Township Ordinances and subject to the following provisions: 1. A bond in the amount of $710 shall be provided to the Township to ensure the installation of survey monuments and lot irons. 2. A bond for $55,000 shall be posted with the township to guarantee completion of all required municipal facilities (outstanding sanitary sewer, storm sewer, and safety path paving). AYES: Barnes, Hall, Brown, English, Skylis, Kemp, Cueny. NAYS: None. MOTION CARRIED 7 -0. G. DISCHARGE OF TAX LIEN. Moved by Kemp, supported by Skylis to approve a Discharge of Tax Lien on parcel 09- 00- 952 -015 (2765 Buckner Road) and authorize the Supervisor and Clerk to sign. AYES: Cueny, Hall, English, Skylis, Kemp, Barnes, Brown. NAYS: None. MOTION CARRIED 7 -0. 31 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES REGULAR MEETING. MONDAY, APRIL 5, 1993 MINUTES H. 1993 TRI -PARTY PROJECTS (memo* dated March 29, 1993 from Supervisor Brown) There was discussion on prioritizing the projects listed. Trustees Kemp and Cueny objected to the intersection of East Clarkston Rd. and Sunset Hills Drive being included on the list because the Township attorney has stated at prior meetings that this problem is not the Township's responsibility. ' Moved by English, supported by Kemp to participate in the following 1993 Tri -Party projects: North Conklin - pave from Indian Lake Road south to the end of pavement. Schorn - additional gravel W. Pine Tree - additional gravel or pavement. Trustee Skylis requested, if there were any extra monies, that the Township consider deceleration lanes on M -24 at Indian Lake Rd. Trustee Cueny also felt that W. Pine Tree needed gravel all the way around the circle. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. I. BUDGET ADJUSTMENTS AND BUDGET APPROVAL (memo* dated March 30, 1993 from Supervisor Brown) Moved by Kemp, supported by Skylis to adopt the budget adjustments as presented and the Water SAD No. 1 Budget as presented. AYES: English, Brown, Hall, Barnes, Cueny, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. J. BUILDING COMMITTEE REPORT. There was discussion on a proposal* from the Building Committee which would move the Department of Public Works to the DPW building and rearrange the space in the Township Hall for the other departments. The Board agreed that the Building Committee would meet with Dick White and an architect to draw up rough plans for the DPW building. K. PROPOSED BOARD RULES. This item was set over to the April 19, 1993 Regular Meeting. Treasurer Hall handed out notes which she had prepared regarding this item. L. LCC LICENSE. This item was set over to the April 19, 1993 Regular Meeting. 10. OTHER BUSINESS - NONE 11, PUBLIC COMMENT - NONE 12. ADJOURNMENT Moved by Skylis, supported by Kemp to adjourn the meeting. AYES: All. NAYS: None. MOTION CARRIED 7- 0. The meeting adjourned at 10:50 p.m. Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. Marie E. En ish, C1erK Charter Township of Orion CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* PUBLIC HEARING - SQUARE LAKE SAD MONDAY, APRIL 5, 1993 The Charter Township of QfiPH RNA4 Ht Public Hearing, Monday, April 5, 1993 at 8:00 Township Hall, 2525 Joslyn Road, Lake Orion, Mi BOARD MEMBERS PRESENT: Supervisor Doug Brown Trustee Clerk Marie English Trustee Treasurer Suzanne Hall Trustee Trustee OTHERS: Darrel Cole Sharon Smith Allan Motzney Mark Perkoski Carl Cyrowski Leon Harrison Bill Winegar Richard White Cheryl Bzdok Gerri Harding Geri Gibbons Don Bartus Steve Veillette Edward Bretzloff Doug Bastian Carol Kurtz Mike Kolomitz Norman Hagood M. Olski Norman Schultz Mike Siedlak Mark Stepek Perry Buhl Kathleen Lester James Alexander Timothy Pearson Gail Connolly Melanie Kursinsky Lt. Mike McCabe C. Krajicek M. Stephenson Stephanie Winegar Jim Milford Michael Bzdok Craig Spencer Dewey Mobley Peggy Harvey D. Veillette Timothy Walker Joseph Piirala Jeff Thorne Cathie Kolomitz G. Snell Rosemary Couwlier Archie McAlpine Lois Whitham Muriel Yuergans Paul Hermann Kathy Krezinski Tony Franco TPi k §t-.P a held a p.m. at the Orion :;higan. Allen Barnes Burke Cueny Peter Kemp James Skylis Kevin McKervey Jill Bastian M. Thorndycraft Mark Vagi Sandra Dyl Sherri Chevrier Frank Kunz Joan Leshley Howard Kelley Paul Snapp Mary Mobley Frank Harvey David Berlin Linda Hagberg Bill Wrighton Dennis Hardy Robert M. Williams Dorothy Hawn Susan Klepper Helen McAlpine Lilian Hendrix Linda Thierry Joe Fraga Phil Gentile The Public Hearing regarding the establishment of a Special Assessment District for the maintenance of Square Lake was called to order at 8:00 p.m. by Supervisor Brown. The following comments were received: Frank Kunz, 1220 Kempster, stated he was president of the Sunset Hills and Sunset Hills No. #1 property owners non - profit corporation representing 100 of 279 properties in the proposed SAD. He explained that the pump which is in operation has restored the level of Square Lake but there is only enough money in the Disappearing Lakes Association (DLA) account to keep the pump running for about 12 months. He asked the Board and the property owners present to support the request. He also requested, if the SAD process goes forward, that the appropriate Township officers meet to discuss the management of the district prior to the next formal public hearing. Jill Bastian, 913 Heights, read* a letter from Dennis Krause, 720 Pine Tree which in part stated "I support an assessment tax that is fair to all. I support the lake access owners having to pay a greater ratio than the 9% of lake frontage that they have access to, due the higher frequency of use." Ms. Bastian questioned if the cost to the Township of setting up and administering SAD's is factored into the amount charged to property owners. She recommended that administration costs be included. J CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES 3 3 SQUARE LAKE PUBLIC HEARING MONDAY APRIL 5 1993 MINUTES Evert and Glenna Karjala, 1060 Elkhorn Lake Rd. Ralph Rushing, 1630 Hillside William Watson, 434 & 435 Joslyn Rd. Thomas and Sandra Teague, 494 Joslyn Rd. Dale and Carol Kotila, 1140 Elkhorn Lake Rd. Wayne Prall, 1614 Ray Ct. (vacant lot) William Buchan (two vacant lots) Howard Paulson, 665 Joslyn Rd. ' Cont... Treasurer Hall said the cost was not factored in to he knowledge. Trustee Skylis arrived at 8:15 p.m. Susan Klepper, and Norman Schultz, 745 Joslyn Rd., objected to the SAD. Mr. Schultz explained that there are two lakes that were damaged by the canals - Big Square Lake and Little Square Lake. Little Square lake is the functional water supplier for the larger lake and is self- sufficient. The water levels in Little Square Lake have risen now that the level has been restored in Big Square Lake but he did not feel that residents on the smaller lake should be included in the assessment because they are not receiving direct benefits. He felt the majority vote on the DLA came from Big Square Lake and the lake access owners and that the residents of Little Square Lake were not adequately represented. Ms. Klepper stated several residents on the small lake are on limited incomes and may not be able to pay an increased assessment. Clerk English read correspondence from the following residents opposed to the Special Assessment District: Evert and Glenna Karjala, 1060 Elkhorn Lake Rd. Ralph Rushing, 1630 Hillside William Watson, 434 & 435 Joslyn Rd. Thomas and Sandra Teague, 494 Joslyn Rd. Dale and Carol Kotila, 1140 Elkhorn Lake Rd. Wayne Prall, 1614 Ray Ct. (vacant lot) William Buchan (two vacant lots) Howard Paulson, 665 Joslyn Rd. ' Mark Stepek, 1501 Tipton, representing the Pleasantview Subdivision in the Disappearing Lakes Association, commented that Little Square Lake residents are receiving benefits because the two lakes are actually one land mass. He also explained that the lots that are the beaches for the off -lake property incur a severe burden of use and he feels the 80/20 split for lake access owners was fair. Kathleen Lester, 1365 Kempster, supported the SAD because she felt there was no alternative to maintain the lake. She hoped a fair and feasible solution could be found. Clerk English referred to a map* showing the responses which had been received to date (yellow areas opposed, pink areas were sent notices in error and were removed from the SAD). Paul Snapp, 702 Lawson Rd., questioned what would happen if the pump was not maintained. He said he had a 26% increase in his assessment and he would be in favor of the SAD if the state tax proposal would roll back his assessment. Jim Alexander, 1310 Kempster, urged the Board to proceed with the SAD at this time. He felt the details could be worked out at a later meeting. He also questioned if Square Lake assessments increased due to the return of the lake level. Supervisor Brown ' said it was his understanding that was not the case. Jerry Moon, asked if the residents in favor could stand. Clerk English stated the question before the Board was to authorize proceeding if they determine that the objections are less than 20% of the land mass involved. Mr. Moon said he had made a calculation based on written objections received as of Monday afternoon. He found that 135- 140 acres of land mass objected making 6.6 %. He felt that percentage of objections was low enough to proceed with the SAD. .1-ARTER TOWNSHIP OF ORION BOARD OF TRUSTEES SQUARE LAKE PUBLIC HEARING. MONDAY, APRIL 5. 1993 MINUTES Cont... Susan Klepper questioned if only written objections were considered She felt the notice was misleading regarding verbal objections. Clerk English stated that she had never attended a Public Hearing where verbal objections were not taken into consideration. Supervisor Brown asked those opposed to stand for a count. Allan Motzny, Township Attorney, explained that by law, ' objections had to be in writing. Written objections could be accepted at this meeting but he recommended that the Board not proceed until the Assessing Department can make an accurate calculation of the land mass involved. Supervisor Brown announced that written objections should be turned in to the Board Secretary before property owners left the meeting. Jerry Moon, 1450 Kempster, commented that some residents were confusing this SAD with the Sunset Hills SAD which is also on the agenda. Written objections* were submitted by the following property owners: Ken Casey, 1632 Newman Rd. William Gibbons, 1620 Newman Rd. Francis and Cash Harvey, 1034 Elkhorn Lake Rd. Peggy Harvey, 730 Pine Tree Lilian Hendrix, 1608 Newman Rd. Susan Klepper, 745 Joslyn Rd. Michael Kolomitz, 1075 Devon Archie and Helen McAlpine, 1656 Newman Rd. Donald Novak, 656 Lawson Rd. Mary Olski, 732 Lawson Paul Snapp, 702 Lawson Craig Spencer, 714 Lawson Linda Thierry, 656 Lawson Timothy Walker, 1082 Devon Hurston Wallace, 1060 Devon Muriel Yuergens, 696 Lawson The Public Hearing was declared held at 8:50 p.m. by Supervisor Brown. Marie E. Eng sh, Clerk Charter Town it) of Orion Transcription: Mary Jane Shields *On file in the Clerk's office. This meeting is on tape. --------------- - - - - -- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES SPECIAL MEETING, TUESDAY, APRIL 13, 1993 ' * ** MINUTES * ** The Charter Township of Orion Board of Trustees held a Special Meeting on Tuesday, april 13, 1993 at 7:00 p.m., in the lower level of the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan 48360. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English BOARD MEMBERS ABSENT: Treasurer Suzanne Hall Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis Trustee Al Barnes n 35 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES SPECIAL MEETING. TUESDAY, APRIL 13, 1993 MINUTES OTHERS PRESEN Clarence Moore Marie Moore Isabelle Colbeth Bert Colbeth Margaret Fehir Jennie Smigielski David Hodges Karen Muz Chester Smigielski Tom Yaste Jill Bastian Pat Haynes Clarence Rossman ---------------------------------------- ----------- ------- - - - - -1 Meeting called to order by Supervisor Brown at 7:10 p.m. Aft roll call, Supervisor Brown suggested that Item #2 be switch with Item #1. Moved by Kemp, supported by English, to switch Items 1 and 2. AYES: Cueny, Brown, English, Kemp. NAYS: None. ABSENT: Hall, Skyl'is, Barnes. MOTION CARRIED. --------------------------------------------------------------- 2 REQUEST TO PURCHASE COMPUTER WITH PRINTER OR A TYPEWRIT FOR SENIOR CENTER. Pat Haynes, Senior Citizen Committee, recommended that the used computer with a new printer be purchased. Brief discussion. Moved by Trustee Kemp, supported by Clerk English, to authorize the purchase of a recon- ditioned computer, monochrome monitor, 101 keyboard and new Panasonic printer from Electric Office Systems at a cost of $479.00. AYES: English, Kemp, Brown, Cueny. NAYS: None. ABSENT: Hall, Skylis, Barnes. MOTION CARRIED. ------------------------------------------------- -- -I -------- - - -- 1. REQUEST AUTHORIZATION TO APPLY FOR CDBG FUNDS. Supervisor Brown stated that a notice was received last week from Oakland County Community Development regarding 1993 Economic Stimulus Funding, which is a one -time grant, of $88,362 being awarded to the Township. The deadline for turning the application in is April 16, 1993. He stated that this grant, combined with the 1993 -94 allocation of $51,906, makes a total of $140,268. There's another $47,000, from 1992 -93, which is allocated for the parking lot repaving. He stated that he received a fax from the Village of Lake Orion today stating that the current Senior Center is a historic site and cannot be taken down. He then stated that if the parking lot wasn't repaved, there could be $187,000 to put towards building a new center. However, if that was done, all CDBG monies spent to date on the current center would have to be repaid to the County prior to construction of the new center and that amount is about $240,000. Supervisor Brown stated that he and Tom Yaste, of Straub & Associates /Architects, has been over to the Center to look over possible improvements. Tom Yaste addressed the Board, going over possible improvements, such as renovation of the basement to make it usable. Trustee Cueny wanted to know why this item was not on a regular agenda for April 5, 1993. Supervisor Brown informed him that time constraints did not allow for it or it would have been. Trustee Cueny stated he objects to this being given to us in such a short time frame. Discussion under CDBG paid back would be p on during writing. regarding what guidelines and to the County. at in an account construction. this money can be used for about the money having to be The money, once paid back, by the County for us to draw Trustee Cueny wants that in 36 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES SPECIAL MEETING, TUESDAY, APRIL 13, 1993 MINUTES Others speaking before the Board were Jennie Smigielski, (Oakland Township); David Hodges (204 O'Connor), Pat Haynes, Senior Citizen Committee. Jennie Smigielski stated that the former Supervisor said that if ten years were by after spending the money, it did not have to be paid back. She also felt the sanctuary should be fixed before the basement. Moved by Kemp, supported by Cueny, to authorize the Township Supervisor to apply for the one -time CDBG 1993 Economic Stimulus Funding of $88,362 and to apply it to either a new Senior Center if the Township can find the additional funding, or to continue renovation on the existing Senior Center. AYES: Cueny, Brown, Kemp, English. NAYS: None. ABSENT: Hall, Skylis, Barnes. MOTION CARRIED. ----------------------------------------------------------------- MEETING ADJOURNED AT 7:38 P.M. ------------------------------------------------ ----------- - - - --- Respectfully submitted Marie E. Eng sh, Clerk Transcribed by Julianne M. Savard This meeting is on tape ------------------------------------- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* REGULAR MEETING, MONDAY, APRIL 19, 1993 The Charter Township of Orion Board of Trustees held a Regular Meeting, Monday, April 19, 1993 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. The Regular Meeting was preceded by a Closed Session which was held 6:30 p.m. A condemnation Public Hearing was advertised to begin at 8:00 p.m. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall OTHERS: Ed Salter Lt. M. McCabe R. Klein Leon Harrison Richard M. White Larry Mullins R. Spratt Pauline Kopecek Ken Leahy Kevin Laidler Darrel Cole Mike Goddard Gary Cane Craig Smith Mame Rusch Dee Gordon Linda Gentile Frank Kopecek Caroline Leahy Nancy DuFresne CALL TO ORDER AND ROLL CALL Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis Mike Thorndycraft Myron Bordman Joseph Scovone Bonnie Stickney Jill Bastian Joan Spratt Mary Ann Ryan Geraldine Gibbons Connie Krajicek Tim Patterson The meeting was called to order at 6:30 p.m. by Supervisor Brown. Clerk English called the roll. PRESENT: Barnes, Brown, English, Skylis. ABSENT: Cueny, Hall, Kemp. 37 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. MONDAY APRIL 14. 144 CLOSED SESSION. Moved by Barnes, supported by Skylis, to go to Closed Session to discuss pending litigation In the case SBVE Associates vs Orion Township. AYES: Brown, English, Barnes, Skylis. NAYS: None. ABSENT: Cueny, Hall, Kemp. MOTION CARRIED 4-0. Trustee Kemp ' 7:00 p m ------------ Moved b Regular Skylis, ABSENT: --------------------------------------------------- arrived at 6:55 p.m. and Treasurer Hall arrived at ----------------------------------------------------- English, supported by Skylis to reconvene the Meeting of April 19, 1993. AYES: Kemp, English, Brown, Hall, Barnes. NAYS: None. Cueny. MOTION CARRIED 6 -0. ----------------------------------------------------------------- The Regular Meeting reconvened at 7:15 p.m. The Pledge of Allegiance was led by Treasurer Hall and the Invocation was given by George Stiekes of First Baptist Church on Scripps Rd. A. SPECIAL JOINT MEETING, MARCH 31, 1993. Moved by Hall, supported by Skylis to approve the minutes of the Special Joint Meeting with the Lake Orion School Board, Village of Lake Orion, and the Orion Township Library Board as corrected (page 2, paragraph 2, sentence 2 change to read "limited discussion...") AYES: Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. B. REGULAR MEETING, APRIL 5, 1993. Moved by Barnes, supported by Hall to approve the minutes of the Regular Meeting of April 5, 1993 as corrected (Page 9, last paragraph - add "supported by" Skylis) and as amended (Page 7, last paragraph of Section D4, change the motion to read "Because the sidewalk is a hazard, that the Township remove the broken section of the Paint Creek Ridge Subdivision sidewalk with the project subject to supervision by Orchard, Hiltz & McCliment). AYES: Kemp, Skylis, English, Brown, Hall, Barnes. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. C. PUBLIC HEARING, SQUARE LAKE SAD. Moved by Hall, supported by Kemp to approve the minutes of the Public Hearing regarding the Square Lake SAD held April 5, 1993 as submitted. AYES: Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. . D. SPECIAL MEETING, APRIL 13, 1993. Moved by-Kemp, supported by Barnes to approve the minutes of the Special Meeting held April 13, 1993 as submitted. AYES: Skylis, English, Brown, Hall, Barnes, Kemp. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. 5. APPROVAL OF BILLS Moved by Kemp, supported by Hall to approve the bills for payment as presented in the amount of $13,146.89. AYES: Barnes, Brown, English, Skylis, Kemp, Hall. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. Leon Harrison, 746 E. Silverbell, asked if there has been discussion regarding Meijer coming to the Township. Supervisor Brown said that he has had discussions with Meijer and they would like to find a location in the area. 38 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES „ REGULAR MEETING, MONDAY.-APRIL 19. 1993 MINUTES . ,'L BRIEF PUBLIC COMMENT, cont... (Leon Harrison, Silverbell Rd.) Mr. Harrison also questioned the status of SBVE vs Orion Township. Tim Patterson, Township Attorney, explained this is a new case which has been filed in Oakland County Circuit Court. Due to the claim for damages, the case is being defended by James Tamm, an attorney selected by the Township insurance carrier, and monitored by Booth ' Patterson. Bonnie Stickney, 731 E. Clarkston Rd., asked the Township Board to support impact fees on new developments due to the increased need for services when many new homes are built. She also submitted a Detroit News article regarding a failure in the Detroit Water System. Jill Bastian, 913'Heights Rd., asked the Board to consider reusing old computer equipment when possible. She also asked the _Board to-,,fight the SBVE rezoning because she felt Mr. Foley has not proven his case. Moved_. by Kemp,.--supported- by - Skylis -to approve the agenda with the following change /add items - Under New Business ' add: C.. Authorization --to proceed with easement acquisition around the landfill. D. -Purchase typewriter for Senior Center E. •- Set = Special•- •Meeting regarding improvements , around the landfill per the Host Agreement: Delete the following from the agenda: A: Attorney "Matters B. DPW Matters C. Fire Department Matters, Item 1, Request to Contract for'Lawn Service at Fire Halls. D. Parks and Recreation Matters,•Parking Lot and Driveway Maintenance. F. Treasurer's Office Matters G. Assessing Department Matters H. Building Department matters- AYES: Kemp, Skylis, English, Brown, Hall, Barnes. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. . Clerk English explained that backlog items 1 -37 listed on the agenda are information only for the Trustees. Q PENDING BUSINESS C. FIRE DEPARTMENT MATTERSY-'`(memo* dated - 'March 30;'1993 from Chief Key) Moved by Hall, supported by English to , approve the purchase of a Brother Model 600 fax machine from Lake Orion Business Machines for the Fire Department at a cost of $390. rr a - Trustee Cueny arrived at 7:40 p.m. ------------------------------------------------------- ---- - - - - -- Trustee Kemp objected to the motion because there is still old fire equipment stored at the DPW garage which needs to be removed. AYES: Skylis, English, Brown, Hall, Barnes. NAYS: Kemp, Cueny. MOTION-CARRIED 5 -2. 39 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES REGULAR MEETING, MONDAY, APRIL 19, 1993 MINUTES E. POLICE MATTERS. RECOGNITION OF RESERVE DEPUTIES. Moved by English, supported by Cueny to adopt the following Resolution commending the Sheriff's Department Reserve Officers who have voluntarily contributed 2,400 hours to serve Orion Township and its residents: RESOLUTION WHEREAS, the Oakland County Sheriff's Department has establishe a Reserve Deputy Program, and WHEREAS, those Reserve Deputies are available to serve in various communities throughout the County, and WHEREAS, in 1992, there were 11 Reserve officers assigned to the Orion Township area, and WHEREAS, these officers have helped the citizens of this area in a number of ways including extra patrol at Lake Orion school sporting events, and WHEREAS, they have also helped ensure water safety by patrolling lakes in the Orion area, and WHEREAS, they have often provided an extra man by going on patrol with a full -time officer, and BE IT FURTHER RESOLVED, that all residents in the Orion area are urged and encouraged to express their gratefulness to the Oakland County Sheriff's Department and to the Reserve Deputies for their volunteer activities on behalf of safety and public protection in our community. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. Lt. Michael McCabe made a brief presentation and certificates of appreciation were presented to the following officers: Myron Boardman, Captain WHEREAS, Orion Township is a safer community because of Michael Goddard approximately 2,400 hours of volunteer service they Gary Cane have provided, Susan Hellhake Roger Klein David Juzyk NOW BE IT THEREFORE RESOLVED, that the Orion Township Board does hereby commend the Oakland County Reserve Deputies for their extensive services to the citizens in the Orion area and expresses its heartfelt thanks for a job well done, and BE IT FURTHER RESOLVED, that all residents in the Orion area are urged and encouraged to express their gratefulness to the Oakland County Sheriff's Department and to the Reserve Deputies for their volunteer activities on behalf of safety and public protection in our community. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. Lt. Michael McCabe made a brief presentation and certificates of appreciation were presented to the following officers: Myron Boardman, Captain John Kelly Joseph Scovone Charles McDermott Michael Goddard Jeffrey Sauve Larry Beard Robert Spivy Gary Cane Ted Beck Susan Hellhake Roger Klein David Juzyk Craig Smith ----------------------------------------------------------------- ADDITIONAL ITEM - RECOGNITION OF OAKLAND COUNTY YOUTH ASSISTANCE PROGRAM. Moved by English, supported by Hall to adopt the following Resolution in recognition of the 40th anniversary of the Oakland County Youth Assistance Program: RESOLUTION WHEREAS, Oakland County Youth Assistance was founded in 1953, and has been developed to include all of Oakland County through twenty -six local programs involving thousands of I r CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, APRIL 19, 1993 - - RESOLUTION RE: YOUTH ASSISTANCE cont... I. past and present volunteers, with.the..,,sponsorship of over eighty Oakland County municipalities, Oakland County school districts, and the Oakland County Probate Court and, WHEREAS, Youth Assistance has been charged by the Charter Township of•,YOrion and all its sponsoring bodies to reduce the incidents of delinquency, neglect and abuse through citizen involvement and, WHEREAS, Youth Assistance has served approximately 100,000 casework clients and more than 700,000 families in local delinquency prevention efforts duriAg' its forty years of programming and is recognized as a national model in juvenile delinquency prevention and,.,. -;,_j WHEREAS, Orion Area Youth the local sponso the Village of Schools has been development of Program and, Assistance, established in 1961, with rship of the Charter Township,of Orion, Lake Orion and Lake Orion Community an integral part of the history and the Oakland County Youth Assistance WHEREAS, This is the fortieth anniversary of Youth Assistance NOW I. and it is celebrating the anniversary in conjunction with National Volunteer Recognition Week, we the Charter Township of Orion want to recognize the Youth Assistance Program and the thousands of -Youth Assistance volunteers for their interest, time and love for the children and families in the Charter Township of Orion and all communities throughout Oakland County, THEREFORE BE IT RESOLVED, that the Charter Township of Orion recognizes and commends the many Youth Assistance volunteers, the many program accomplishments, and wishes all involved continued success in serving the residents of our community and all of Oakland County. AYES: Cueny, Barnes, Hall, Brown, English,i 'i'0 Sk 3 ylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. ORDINANCE ADOPTION AMENDMENT TO ORDINANCE NO. 78, BOSCO REZONING. Clerk English read a memo* dated February 25, 1993 from the Orion Township Planning Commission recommending approval of PC -93 -1, Bosco rezoning request from SE (Suburban Estates) to SR (Suburban Ranch) 35 acres in Section 9, north of Newman Rd., west of Joslyn Rd. on a 6 -0 vote (Papin absent) for the following reasons: 1. It will coincide with the Master Plan. 2. Our Planner's opinion is that it is a reasonable change. ' 3. It is a good transition from the dense existing zoning. 9. It is not detrimental to the health, safety and welfare of the public. Moved by Cueny, supported by Hall to unanimous recommendation of the Planning Ca to approve PC- 93-i, Bosco rezoning Suburban Estates to Suburban Ranch. Skylis, English, Brown, Hall, Barnes, None. MOTION CARRIED 7 -0. 'accept the mmission and request, from AYES: Kemp, Cueny. NAYS: 41 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES --------------------------------------------------------------- The Regular Meeting was temporarily recessed at 8:00 p.m. to ho a Condemnation Public Hearing regarding 1692 Newman Rd. T Public Hearing was adjourned at 8:30 p.m. and the Regular Meeti was immediately reconvened. ACTION REGARDING 1692 NEWMAN RD. Moved by Cueny, supported by Barnes to table this item until the May 3, 1993 meeting for final resolution after a report is received from Tom Berger, Building Official. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. J. CONSENT AGENDA - REQUEST TO SOLICIT, AMERICAN DIABETES ASSOCIATION. Moved by Hall, supported by English to approve the solicitation request from American Diabetes Association to sell carnations in front of Lake Orion K -Mart on Saturday May 8, 1993 from 10:00 a.m. until 5:00 p.m. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. K. PREVIOUS AGENDA ITEMS. 1. REQUEST TO ALLOCATE CDA MONIES RECAPTURED FROM OTHER COMMUNITIES. Supervisor Brown explained that Orion Township has been awarded $3520 of recaptured 1992 CDA funds. Moved by Hall, supported by English to authorize the Supervisor to file an application for use of the recaptured funds for the Senior Center parking lot repaving project. Trustee Kemp questioned why these funds were always allocated to Senior Center projects rather than projects for other low and moderate income residents. Discussion followed on.projects which might qualify for funds such as home repair, home chore, youth programs, and file protection devices. Jill Bastian, 913 Heights Rd., referred to a letter* dated April 1, 1993 describing CDBG eligible activities and benefit criteria. She asked the Board to consider allocating the $3520 or 10% of the approximately $88,000 which may be available in the future to projects other than the Senior Center. She suggested that funds could be allocated to the library for additional materials such as large print books for seniors, literacy materials, or a Kurzweil Reader which would translate the printed word into speech for people who have reading problems. Treasurer Hall withdrew her motion. Moved by Cueny, supported by English to allocate $3520 to be used at the option of the Library for either a Kurzweil Reader or large print books and literacy materials. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. Discussion followed on forming a committee to prepare a list of possible projects if funds should be made available in the future. --------------------------------------------------------------- The Regular Meeting recessed from 8:52 p.m. until 9:07 p.m. ---------------------------------------- ----------------- - - - - -- 2. PROPOSED BOARD RULES (memo* dated April 15, 1993 from Clerk English) Trustee Kemp recommended that a review committee be formed to edit the proposed rules to make them more specific and give them more authority. Moved by Hall, supported by Cueny to refer the proposed Board Ar 2 CHARTER TOWNSHIP OF'ORION BOARD OF . TRUSTEES ,;MINUTES REGULAR'MEETING MONDAY APRIL 19 1991• PROPOSED BOARD RULES cont Rules* to the Review Committee for review and recommendation. English, Brown, Hall, Barnes, MOTION CARRIED 7 -0. 3. LCC LICENSE. .:Supervisor Brown explained,- based on the 1990 census, an additional LCC license is available in Orion Township for a total of 14. Clerk English commented that there, are several applicants* who have indicated interest in writing. There was discussion on holding the license at this time. Moved by Barnes, supported by Kemp to hold the LCC license in reserve. AYES:: - Cueny;:Barnes, _Hall, - Brown; Engl-ishy Skylis, Kemp. NAYS: None. MOTION CARRIED 7 °0 4. ELECTED OFFICIALS POLICY. This matter was set over until the May 3, 1993 meeting. Suggested discussion items include health insurance, longevity and mileage allowances for elected officials. 9 NEW BUSINESS 1. MARINA PARK ESTATES SUBDIVISION ASSOCIATION REQUEST (memo* dated April 15, 1993 from Clerk English) Marina Park Estates Subdivision Association request ( #93 -14 -101) for a permit to remove a 26 1/2' x 17' wooden bridge and associated retaining walls from Lake Orion, excavate approximately 560 cubic yards of material from bed, banks, and approaches to bridge, ,widen canal an additional 8' and create a new water ,depth of 3' to 4 1/2' and, WATERMAIN. Pulte Homes of.Michigan, Inc. request ( #93- 14 -69) for a permit to place 50 feet of 8" watermain under an existing channel of Lake Orion and to place 550 cubic yards of fill in 0.1 acres of wetlands contiguous to Lake Orion and excavate three sediment basins with outlets to the wetlands of Lake Orion. Clerk English explained that the Board could receive and file the notices or request that a public hearing be held by the DNR on either item. She recommended that the Board request public hearings on both of these requests due to the possible effect of the projects on the surrounding lake areas. The following citizens addressed the Board regarding their concerns and in support of a public hearing: Connie Krajicek, 1111 Leidich Pat Marriott, 893 Lakeview Geraldine Gibbons, 1620 Newman Rd. Nancy DuFresne, 1162 Heights Rd., president of Marina Park Estates Homeowners Association, submitted a survey* of homeowners regarding the bridge and a study of the sediment depth in the lake and canals for the Board's information. Moved by English, supported by Hall to request public hearings to be held by the DNR on the same date for both the Marina Park Estates ,.,Subdivision Association request ( #93 -14 -101) and the Pulte Homes of Michigan request ( #93- 14 -69). AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. .. 43 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES REGULAR MEETING. MONDAY, APRIL 19, 1993 MINUTES There was also a question about inspections of temporary lighting in tents and the insurance liability involved. These concerns will be addressed by the required inspections by the Building Department and the certificate of insurance which will be submitted by the Builders Association. Trustee Kemp stated he would not support granting the permit because of the HOMEARAMA location on Silverbell Rd. which is a two lane road. He was concerned about traffic gridlock and access to the fire station on Silverbell. He also suggested that the Builder's Association be required to find out if there are any events scheduled at the Palace at the same time which would add to the traffic problems. Trustee Cueny was ' also opposed due to concerns regarding traffic and the litigation which is pending with the developer. Clerk English suggested that representatives from the Builder's Association meet with the Supervisor, OCSD, Fire Chief Key, and the Building Official regarding the plans for traffic control and to address any other concerns. Moved by English, supported by Hall to approve the outdoor assembly permit request for the Builders Association of Southeastern Michigan to conduct the 1993 HOMEARAMA in the Silver Bell Village Estates Subdivision in Orion Township subJect to the Township's receipt of a certificate of insurance and the Fire Chief's, Building Official's and Oakland County Sheriff's Department review, recommendation and approval. AYES: Barnes, Hall, Brown, English, Skylis. NAYS: Cueny, Kemp. MOTION CARRIED 5 -2. C. ACQUIRING EASEMENTS FOR PAVING IN AREA OF LANDFILL. Moved by Hall, supported by English to authorize the engineering firm of Orchard Hiltz & McCliment, Township Engineer to pursue the acquisition of easements in the area surrounding the Eagle Valley Landfill for the purpose of road improvements and safety paths. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. D. PURCHASE TYPEWRITER SENIOR CENTER. Moved by Kemp, supported by Hall to rescind the Board motion of April 13, 1993 authorizing expending $979 for a word processing system for the Senior Center and to authorize the purchase of a Swintec 600 typewriter from Lake Orion Business Machines with a one year warranty at a cost not exceed $350. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. B. OUTDOOR ASSEMBLY APPLICATION - HOMEARAMA 1993 (memo* from Clerk English dated April 15, 1993) At the Regular Meeting of Monday, June 15, 1992, the Board authorized correspondence to be sent to Donald VanEvery of Streamwood Development Company indicating the Orion Township Board approved holding a " HOMEARAMA" in Orion Township at Silver Bell Village Estates located at the southeast corner of Silverbell and Bald Mountain Roads. It was the Board's understanding that the HOMEARAMA ' would be held in May of 1993 for two weeks and three weekends. The Builders Association of Southeastern Michigan is now applying for the necessary outdoor assembly permit from the Township. Lt. Mike McCabe, OCSD, was concerned about traffic problems in the area, especially on Silverbell Rd. and suggested that the Builder's Association be required to pay for extra deputies to patrol the area. There was also a question about inspections of temporary lighting in tents and the insurance liability involved. These concerns will be addressed by the required inspections by the Building Department and the certificate of insurance which will be submitted by the Builders Association. Trustee Kemp stated he would not support granting the permit because of the HOMEARAMA location on Silverbell Rd. which is a two lane road. He was concerned about traffic gridlock and access to the fire station on Silverbell. He also suggested that the Builder's Association be required to find out if there are any events scheduled at the Palace at the same time which would add to the traffic problems. Trustee Cueny was ' also opposed due to concerns regarding traffic and the litigation which is pending with the developer. Clerk English suggested that representatives from the Builder's Association meet with the Supervisor, OCSD, Fire Chief Key, and the Building Official regarding the plans for traffic control and to address any other concerns. Moved by English, supported by Hall to approve the outdoor assembly permit request for the Builders Association of Southeastern Michigan to conduct the 1993 HOMEARAMA in the Silver Bell Village Estates Subdivision in Orion Township subJect to the Township's receipt of a certificate of insurance and the Fire Chief's, Building Official's and Oakland County Sheriff's Department review, recommendation and approval. AYES: Barnes, Hall, Brown, English, Skylis. NAYS: Cueny, Kemp. MOTION CARRIED 5 -2. C. ACQUIRING EASEMENTS FOR PAVING IN AREA OF LANDFILL. Moved by Hall, supported by English to authorize the engineering firm of Orchard Hiltz & McCliment, Township Engineer to pursue the acquisition of easements in the area surrounding the Eagle Valley Landfill for the purpose of road improvements and safety paths. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. D. PURCHASE TYPEWRITER SENIOR CENTER. Moved by Kemp, supported by Hall to rescind the Board motion of April 13, 1993 authorizing expending $979 for a word processing system for the Senior Center and to authorize the purchase of a Swintec 600 typewriter from Lake Orion Business Machines with a one year warranty at a cost not exceed $350. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. 4 4CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY. APRIL•19. 1993 F. SET SPECIAL MEETING REGARDING HOST AGREEMENT. Moved by Barnes, supported by Skylis to-set a .,Special Meeting regarding the improvements around the lndfill per the Host Agreement for April 27, 1993 at 7:00 p.m. at the Township Hall. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. Trustee Barnes felt it would be proper to send copies of any action regarding HOMERAMA to Oakland Township because it will affect them also. , Trustee Cueny questioned how the backlog listed on the agenda could be resolved. These items will be reviewed at the special meeting. Treasurer Hall asked how the Board would like to handle the quarterly budget review and explained that the financial statements are available at this meeting. Trustee Barnes felt each Board Member should review the budget figures and this should be an agenda item at the May 3, 1993 meeting. Trustee Kemp ask that any budget review item have priority on the agenda:. Trustee Cueny questioned the Repairs and Maintenance figures in the budget for the Senior Center. He felt that any further repairs could be paid for from future CDA funds. He was also ,opposed to putting more funds into the old Senior Center building. Supervisor Brown was concerned about traffic problems when Canterbury Village, on Joslyn.Rd. opens in the fall. Brief discussion ,followed on the plans for entrances and parking. 11 PUBLIC COMMENT I Leon Harrison, 746 E. Silverbell.Rd.,•questioned if any action had been taken•on the turning lanes on the M -24 corridor. He commented that the approved left hand turn lanes are improperly marked. Supervisor Brown said he has spoken to OCSD regarding the turning lanes. 12 ADJOURNMENT Moved by Kemp, supported ,by. Skylis..to adjourn the meeting. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. The meeting was adjourned at 10:11 p.m. Marie E. English, Clerk Charter Township of Orion Transcription: Mary Jane Shields This meeting is on tape. a•, *On file in the Clerk's Office. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES ' * M I N U T E S* CONDEMNATION PUBLIC HEARING - 1692 NEWMAN RD. MONDAY, APRIL 19, 1993 The Charter Township of Orion Board of Trustees held a Public Hearing regarding the condemnation of 1692 Newman Rd. on Monday, April 19, 1993 at 8:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis r 45 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES CONDEMNATION HEARING, MONDAY, APRIL 19, 1993 MINUTES OTHERS: Ed Salter Lt. M. McCabe R. Klein Leon Harrison Richard M. White Larry Mullins R. Spratt Pauline Kopecek Ken Leahy Kevin Laidler Darrel Gale Mike Goddard Gary Cane Craig Smith Mame Rusch Dee Gordon Linda Gentile Frank Kopecek Caroline Leahy Nancy DuFresne Mike Thorndycraft Myron Bordman Joseph Scovone Bonnie Stickney Jill Bastian Joan Spratt Mary Ann Ryan Geraldine Gibbons Connie Krajicek Tim Patterson The Public Hearing was called to order at 8:00 by Supervisor Brown. Joan Spratt, property owner, asked the Board not to condemn her property because she would like to repair the house and bring it up to code so she can retire there. She said she has started to repair the property but it has been vandalized many times. Also, she has had the house boarded up several times at a cost of $300 per time. Mrs. Spratt said her son has also boarded up the house and cut the grass to try to comply with Township ordinances. She does not believe the house is unsafe but she did understand the back porch should be taken down because it has been badly damaged by vandals. Supervisor Brown said that Mrs. Spratt did not respond to certified letters from the Township asking her to appear at a February 10, 1993 Condemnation Public Hearing. Mrs. Spratt stated she did not receive the notices to appear. Clerk English said the minutes of the February 10, 1993 hearing reflect that Ms. Spratt was not present. Mame Rusch, Administrative Assistant to the Building Official, said her department has a receipt for the certified notice of the hearing signed by Mrs. Spratt's son. That notice was mailed on January 29, 1993. She also personally delivered a copy of the hearing officer's decision* to Mrs. Spratt's son when he appeared in the Building Department on March 4, 1993. Ms. Rusch said that all procedures required by Ordinance 84 - Unsafe Structures - have been followed. Mrs. Spratt's son said that due to family illness he attempted to contact Gerald Trimble, the hearing officer, to have the hearing delayed but he did not get a response. He said the property is structurally sound but has suffered continual vandalism. He asked for more time to repair the property. Mrs. Spratt again said that she is the property owner and she did not receive the notice. Trustee Skylis explained that the main concern of the Township was that the property be made safe but the owners could not be given unlimited time to make repairs. Mrs. Spratt said she would need to be in the building to protect it from vandalism but she will not be able to move in for several more months due to personal circumstances. Trustee Kemp questioned if the vandalism had been reported to the Oakland County Sheriff's Department. Mrs. Spratt said yes. Geraldine Gibbons, 1620 Newman Rd., said she has called the OCSD and the Township because the building has been unsecured and the weeds have been allowed to grow. Her main concern was that no one is taking care of the property. Other neighbors also feel the property is an eyesore and in need of immediate repair. Jerry Mejta, builder and owner of several lots on Newman Rd., said he has contacted the owner regarding the plans for the building. He felt the condition of the property was lowering the value of the homes he is building. Discussion followed on setting a 30 day time limit for completing repairs. 'CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES CONDEMNATION HEARING, MONDAY APRIL 19 1993 MINUTES Mrs. Rusch asked the Board to consult with Tom Berger, Building Official, and Mr. Trimble to determine whether the building can be brought up to code before setting a time limit. Trustee Skylis wanted the Spratts to understand the seriousness of this matter and that they must take action if they are given 30 days to act. Trustee Cueny felt that action could be taken in 5 business days. Treasurer Hall suggested the Spratts meet with Mr. Berger and that a report be made by the May 3, 1993 Regular Board meeting so that this matter can be resolved at that time. Supervisor Brown asked Mrs. Spratt to contact Mr. Berger on Tuesday. No further comment was received and the hearing was declared held at 8:30 p.m. r Marie English, Clerk Charter Township of Orion Transcription: Mary Jane Shields *On file in the Clerk's office. This meeting is on tape. ----------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* SPECIAL MEETING, TUESDAY, APRIL 27, 1993 The Charter Township of Orion Board of Special Meeting, Tuesday, April 27, 1993 at Orion Township Hall, 2525 Joslyn Road, Lake Ori BOARD MEMBERS PRESENT: Supervisor Doug Brown Trustee Clerk Marie English Trustee Trustee ABSENT: Treasurer Suzanne Hall Trustee Burke Cueny OTHERS Natalie Terrien Clayton Hart Vern Nelson Martin Lock Yvonne Will Jim Anker Robert Marion John LaLone Susan Eakins Yvonne Moses Casanova Mike Akers Ken Hornacek Maribeth Albertson Ken Dyl Jerry Lipa Stan Johnson James Yarnall Sandi Auvil Bob Bendzinski Thomas Timmerman Avis Nelson Ronald Hunter Mary Ann Zamecki Helen Strong Chris Snyder Audrey Whittenberg Sally LaLone Randal McPherson Thomas Crandall Jane Charbonneau John Coyle Tim Albertson Sandra Dyl Gloria Miller Mrs. S. Johnson John Pierce Marvin Lawson Trustees held a 7:00 p.m. at the Dn, Michigan. Allen Barnes Peter Kemp James Skylis Gerald Terrien Dick Soucey Vernita Lock Rebecca Hedrich Robert Barkham Mark Ward Jim Whittenberg Ken Eakins Sharon Smith M i c h a e l Charles Porter Susan Carpenter John Spokaeski Randy Nasir Elaine Pantak Joanne Benedict Marcella Pierce Parvin Lee Clerk English called the roll. All Board members were present except Treasurer Hall and Trustee Cueny. ,.At" 47 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES SPECIAL MEETING, TUESDAY APRIL 27, 1993 MINUTES 1. DISCUSSION ON PROPOSED IMPROVEMENTS AROUND EAGLE VALLEY LANDFILL AND METHODS OF FINANCING. Supervisor Brown introduced Parvin Lee, Township Attorney. Mr. Lee explained that the residents had concerns When the Host Fee Agreement was signed about what would be done with host fees and about the needs of the people around landfill. They felt the landfill should to be hooked up to the sewer system to protect ground water and that has been done; that residents near ' the landfill should be hooked up to water and sewer and that is in the process of being done; and that funds should be used to pave around the landfill due to the increase in traffic. He stated the purpose of the meeting was to allow residents to review the plans which the engineers have prepared for the road improvements and safety paths and to discuss financing options. One financing option was based on the County going forward with the County Solid Waste plan and buying the landfill. They would pay $5,000,000 up front and Orion would receive $.50 per yard of waste. Mr. Lee said the County option has been extended several times and at this point they are uncertain whether they will be involved. The landfill is currently operating and Orion Township is receiving 5% of the revenues per the agreement. Last year we took in $354,000 and we are anticipating $400,000 in 1993 to use for improvements. Mr. Lee then introduced Mark Perkoski, Orchard, Hiltz and McCliment, Township Engineers, who outlined the plans for the paving project. Mr. Perkoski explained that paving is being proposed for Waldon from Joslyn to M -24, Silverbell from Joslyn to Giddings, and Giddings from Silverbell to Waldon. In addition there will be safety paths on the south side of Silverbell, south side of Waldon and on the west side of Giddings Rd. (Mr. Perkoski referred to drawings which were available for residents to review.) Unfinished work in the Silver Valley and Nancy G area where existing paving was destroyed by the water and sewer project will be redone. He said roads would have 11 foot lanes, 3 foot paved shoulders, 2 foot gravel shoulders, and 2 foot ditches with culverts under driveways. The safety path would be off the edge of the road 12 feet. The paving could begin by August 1993 if funding is approved and after permits and any required easements are obtained. The project would probably be completed in November 1993 and restora- tion work would be done in the spring of 1994. Mr. Perkoski said they are currently working to get permits from several agencies including MDOT, the DNR, and the utilities companies. He also said they will be talking to residents about easements and grading permits. Because the nature of road is changing, drainage will be improved and road elevations will be changed to improve sight distances. Mr. Perkoski explained that anything disturbed will be restored. The safety paths will generally be in the right -of -way but they will save the trees where possible. He commented the Road Commission will not accept anything within 10 feet of the road due to liability. Also, mailboxes will have to be removed and replaced and driveways will be paved to the property line or to the safety path whichever is farther. Orchard, Hiltz and McCliment will provide inspections and contract administration and they will be available to answer any concerns. They will be contacting people for easements and grading permits and they will be able to talk specifically about each property. Mr. Perkoski answered questions from residents who were present and he asked residents to leave a name and phone number so they could be contacted. He also invited residents to meet him at the back of the room to discuss any individual concerns. 48 CHARTER TOWNSHIP OF ORION BOARD OF,,TRUSTEES SPECIAL MEETING, TUESDAY APRIL -271 1993 - MINUTES Bob Bendzinski, Financial Consultant- for Orion Township, discussed the funding for the project which is anticipated to cost $3,290,000. He recommended, in lieu of bonding, that the Township work out an arrangement with the DPW to pay project costs through a loan agreement. The loan would be paid over 15 years with interest rates to be negotiated with the DPW and with repayment to be made with monies received from landfill tipping fees. A projection as to the capability of the loan arrangement for 15 years at 5% is $3,675,000 and 10 years at 5% is $2,700,000. If the arrangement was for 15 years at 5% the amount needed annually to repay the loan would be $316,900. Mr. Bendzinski said an analysis of 1993 receipts shows a 10`3 greater revenue than received in 1992 or approximately $400,000, leaving a balance which could be used for other projects. He recommended, if the Board proceeds with this method of financing, that they negotiate a floating interest rate based on recognized indexes. Repayment amounts would be tied to the amount of revenues received for host fees and would accelerate or decelerate according to use of the landfill. (The Clerk will receive the appropriate software to calculate payments.) He also recommended that the amount of loan be for the actual costs incurred for installation of the road and be available on a draw down basis. Mr. Bendzinski recommended monies presently available be utilized before loans are made. He felt the Michigan Department of Treasury would approve the arrangement but they .indicated it should be interest bearing loan. He also explained that the Water Fund will be earning a higher interest rate than they are currently receiving on funds. Mr. Bendzinski also recommended the loan include the paving of Nancy G and Silver Valley to take advantage of any quantity discount. The cost of this portion of the project would be in addition to the engineer's estimate and in addition to the repair cap. Discussion followed on whether funds are currently available to install water and sewer for residents. Mr. Bendzinski said those funds are available. Clerk English commented that there is $726,000 remaining and committed from the $1,500,000 received from Oakland County. .Richard White, rate would be set. based on an index Investment Funds. of the repayment Bendzinski said the of the project and Director of DPW, questioned how the interest Mr. Bendzinski explained that it would be possibly tied to the rate of the Township Mr. White was also concerned about the length if the schedule were decelerated. Mr. length of time was limited by the useful life should not exceed fifteen years. Brief discussion followed on whether grant money would be available to pay for the paving. Mr. Bendzinski said he was unaware of any funds which are available as grants and he did not anticipate any funding coming from RCOC. Moved by Kemp, supported by Skylis to authorize Bob Bendzinski and Parvin Lee to draft the necessary legal documents and to authorize the engineers to proceed with the obtaining the easements and preparing the bid forms. AYES: Barnes, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Hall, Cueny. MOTION CARRIED 5 -Z. O --------------------------------------------------- The Township Board temporarily recessed from 8:20 -8:43 p.m. ----------------------------------------------------------- - - - - -- 2. REVIET OF • Moved by Kemp, supported by Skylis that all items that appear on tonight's backlog be removed in their entirety because important problems have been resolved or can be brought up at a later date as necessary. AYES: Barnes, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Hall, Cueny. MOTION CARRIED 5 -0. 1 1 rJ CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES SPECIAL MEETING TUESDAY, APRIL 27 1993 MINUTES Moved by Kemp, supported by Skylis to adjourn the meeting AYES: All. NAYS: None. ABSENT: Hall, Cueny. MOTION CARRIE 5 -0. The meeting was adjourned at 8:45 p.m. Marie E. Engli Clerk ' Charter Township of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. --------------------------------------------------- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* REGULAR MEETING, MONDAY, MAY 3, 1993 The Charter Township of Orion Board of Trustees held a Regular Meeting, Monday, May 3, 1993 the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Trustee Allen Barnes Clerk Marie English Trustee Burke Cueny Treasurer Suzanne Hall Trustee Peter Kemp Trustee James Skylis OTHERS: Sharon Smith Darrel Cole Lt. Mike McCabe Rosalie Lamb Mike Thorndycraft Timothy Emeigh Bill Maynard Mark Stepek Jill Bastian Dennis Hart Chris Carr Leon Harrison Bonnie Stickney Phil Gentile Linda Gentile Frank Kunz Jerry Moon Joan Spratt Doug Spratt Richard M. White Pat Marriott W. Spratt Ken Leahey Caroline Leahey Thomas Berger Geri Gibbons Stan Aldridge Susan Galeczka 1_ CALL TO ORDER The meeting was called to order at 7:07 p.m. by Supervisor Brown. 9 _ PT.F.DrP.. AND TNVOCATTON The Pledge of Allegiance was led by Clerk English and the Invocation was given by Rev. Van Dellen of Good Shepherd Lutheran Church on Baldwin Rd. Kemp. NAYS: None. MOTION CARRIED 7 -0. 2. CONDEMNATION PUBLIC HEARING RE: 1692 NEWMAN RD. Moved by Barnes, supported by Cueny to approve the minutes of the Condemnation Public Hearing regarding 1692 Newman Rd. held April 19, 1993 as submitted. AYES: Kemp, Skylis, English, Brown, Hall, Cueny, Barnes. NAYS: None. MOTION CARRIED 7 -0. Clerk English called the roll. All members were present. ' 9 APPROVAL OF MINUTES 1. REGULAR MEETING, APRIL 19, 1993. Moved by Kemp, supported by Hall to approve the minutes of the Regular Meeting held Monday, April 19, 1993 as submitted. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. 2. CONDEMNATION PUBLIC HEARING RE: 1692 NEWMAN RD. Moved by Barnes, supported by Cueny to approve the minutes of the Condemnation Public Hearing regarding 1692 Newman Rd. held April 19, 1993 as submitted. AYES: Kemp, Skylis, English, Brown, Hall, Cueny, Barnes. NAYS: None. MOTION CARRIED 7 -0. 50 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING MONDAY, Ay 3.-1993 _ Trustee Cueny had several questions regarding the attorney bills. Clerk English said that in the future she would note the account number to which the item is charged on each bill. Clerk English asked the Township Attorney who was responsible for choosing the expert witness on the SBVE rezoning case. She felt there might be a conflict of interest in using the witness that has been chosen. Mr. Patterson explained that the attorney for the insurance carrier selects the expert witnesses in cases with damage claims but he has asked Mr. Tamm to contact the Supervisor to discuss the matter. Trustee Cueny asked that an update be given at the next meeting. Moved by Kemp, supported'by Skylis'to approve the bills for payment in the.amount'of $17,236.91. AYES: Cueny, Barnes, Hall, Br,own,'..English, ^'Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. Dennis Hart, 4424 Maybee Rd., asked when the blacktop would be replaced on Maybee Rd. where the trenches were' dug. He also said the south edge of Maybee was damaged by heavy equipment and should be restored to its original condition. Supervisor Brown said he would speak to Ed Pynnonen from Pulte regarding the repairs. ------------------------------------------------------='---- Jill Bastian concurred with Mr. Hart's comments., She also commented that legal costs for safety_ path projects are paid from the Safety Path Fund. Ms'. Bastian then asked the Board to consider adding. administrative fees to the total cost of setting up Special Assessment Districts. ------------------------------------------------------ - - - - -- Bonnie Stickney, 731 E. Clarkston Rd., asked the Board to consider paying for extra applications of chloride on major roads such as E. Clarkston Rd. Tim Emeigh,- owner of 2370'Flintridge and 3419'Ashley,4 asked when plans for the proposed safety path project on Flintridge would be available for residents to review. He said a letter was sent to residents informing them that the plans would be•avaflable during regular business hours. Clerk English said she had concerns about the procedure followed on this project. She felt that residents and the Board had not been adequately informed about the plans including whether the sidewalk would.,be on the north or south side of the road. Discussion followed on whether this matter had been resolved at the Decem- ber public hearing. Trustee Kemp said he understood the path was to go on the north side of Flintridge. Mr: Emeigh asked that a public hearing be held and that residents be notified by mail to ,allow people- time for input. Clerk English had a copy of the notice which was sent to residents from Mr. Vagi stating that staking would begin and that plans would be available for viewing. She said that plans were not available in the Clerk's office and the Board is not aware of the comments or complaints which have bee received from residents. Jill Bastian, 913 Heights Rd., said the Safety Path Committee though the public was being notified about these projects and questioned why this had not been done. C 51 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES REGULAR MEETING, MONDAY, MAY 3, 1993 MINUTES Bill Maynard, 2354 Flintridge, said he has 20 feet of front yard and did not want to lose 8 feet to the safe- ty path. He al6o felt it would be safer for children to cross the street near Carpenter School from a path on the south side of Flintridge. Discussion followed. ' Clerk English said all of the affected residents would be notified when preliminary plans are received. ----------------------------------------------------------------- Leon Harrison, 746 E. Silverbell, asked what the Board's position would be in the SBVE litigation. Mr. Patterson explained that it is very early in the suit but that the case is being contested. Mr. Harrison asked the Board to support the Master Plan in this matter. ----------------------------------------- Mike Thorndycraft, 654 Woodland, quest problems regarding the safety path might because the Parks and Recreation Director a secretary and might be overloaded with asked the Bard to resolve the problem funds become available. -------- - - - - -- ioned if the have occurred does not have projects. He before grant Clerk English also noted that Item 8C -2 and 8F -1 are the same matter and should be addressed under Parks and Recreation Matters. Moved by English, supported by Kemp to approve the agenda as listed with the deletion of Item 8F -1 because it is already listed as Item 8C -2. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. 8. PENDING BUSINESS A. BUDGET REVIEW. Trustee Barnes handed out copies of figures which he had prepared on the 1993 budget. He was concerned that budgeted spending exceeded budgeted revenue by $1,000,000. He did not feel this was sound policy and wanted the Board to consider ' cutting back in areas where necessary. Sharon Smith, Bookkeeper, explained that in the past, revenue figures have been underestimated. She suggested that the Board hold a worksession to discuss revenue figures. Brief discussion followed on various items which could impact the budget this year such as state revenue sharing tax tribunal refunds, Host Fee collections, parking lot repairs, insurance costs, and hiring. Treasurer Hall suggested that Trustee Barnes and Supervisor Brown meet with the Department Heads to review budget figures. Trustee Barnes commented that input would be welcome from other Board members and Ms. Smith. The Board agreed to set a Special Meeting for Wednesday, May 26, 1993 at 7:00 p.m. to revise the budget. Trustee Cueny asked that the Elected Officials Policy be added as Item 8G. He pointed out that the April 19, 1993 meeting minutes stated this item will be addressed at tonight's meeting and questioned why it was not ' placed on the agenda. Trustee Kemp said the policy has been reviewed by the committee but he did not bring the information to this meeting because the time was not listed on the agenda. This matter will be addressed at the May 17, 1993 meeting and Clerk English will place a note in the packets to remind Board members to bring all previous information. Clerk English also noted that Item 8C -2 and 8F -1 are the same matter and should be addressed under Parks and Recreation Matters. Moved by English, supported by Kemp to approve the agenda as listed with the deletion of Item 8F -1 because it is already listed as Item 8C -2. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. 8. PENDING BUSINESS A. BUDGET REVIEW. Trustee Barnes handed out copies of figures which he had prepared on the 1993 budget. He was concerned that budgeted spending exceeded budgeted revenue by $1,000,000. He did not feel this was sound policy and wanted the Board to consider ' cutting back in areas where necessary. Sharon Smith, Bookkeeper, explained that in the past, revenue figures have been underestimated. She suggested that the Board hold a worksession to discuss revenue figures. Brief discussion followed on various items which could impact the budget this year such as state revenue sharing tax tribunal refunds, Host Fee collections, parking lot repairs, insurance costs, and hiring. Treasurer Hall suggested that Trustee Barnes and Supervisor Brown meet with the Department Heads to review budget figures. Trustee Barnes commented that input would be welcome from other Board members and Ms. Smith. The Board agreed to set a Special Meeting for Wednesday, May 26, 1993 at 7:00 p.m. to revise the budget. 5_?HARTER TOWNSHIP OF ORION BOARD OF TRUSTEES REGULAR MEETING. MONDAY, MAY 3. 1993 MINUTES M „F ^ji B. FIRE DEPARTMENT MATTERS 911 DISPATCH AGREEMENT WITH THE VILLAGE OF LAKE ORION (memo* dated April 28, 1993 from Supervisor Brown) The Village. of Lake Orion currently charges $3300 per mn►ith E@E dl5Piitch antViG@; They hdv(l 5LIgge -Bted a 51, per year increase for dispatch service retroactive to January 1, 1992 and that the fee be raised 5% per year for the next four years. Supervisor Brown said he looked into dispatch service from Oakland County Dispatch Center and he felt there would be little savings at this time. He felt the Township should stay with the village dispatch service with a 5% increase retroactive to January 1, 1993. Fire Chief Jeff Key explained how the Village dispatch service operates. He said it wasn't possible to make a direct comparison between Oakland County and the Village services. He felt the village was providing good local service which included dispatchers who are familiar with the area and provided other services which the county might not provide such as burning permits. He was not opposed to some reasonable increase for the Village. Chief Key said there has never been a contract for dispatch service and he would like% to see.:a written agreement between Orion Township and the village outlining who provides what service and for how much. He.said contracts have been proposed and rejected in the past and there have been disputes over the boundaries of Orion's coverage area particularly in Oakland Township. Discussion followed on asking for justification for the increase from the village and an explanation of how Oakland Township is charged for services. Chief Key said that Orion Township also bills Oakland Township for a percentage of calls. Trustee Kemp and Trustee Cueny felt a written agreement was needed but the 5% over 4 years was too high. Trustee Cueny suggested that a committee be formed to compare the County program with the Village services. Moved by Kemp, supported by Cueny, in the matter of 911 dispatch service, that the Township of Orion contract with the Village of Lake Orion with a written agreement for the remainder of this year only for $3465 per month from June 1, 1993 to December 31, 1993. Trustee Cueny withdrew his support; due questions regarding Oakland Township. Trustee Skylis then supported the motion. VOTE: AYES: Barnes,, Hall, Brown, English, Skylis, Kemp. NAYS: Cueny. MOTION CARRIED 6 -1. C. PARKS AND RECREATION MATTERS. 1. RESIGNATION OF PART -TIME SENIOR VAN DRIVER (letter* dated April 21, 1993 from charles Fay) Clerk English questioned a statement by Mr. Fay regarding problems scheduling the van due to Mr. Fay's illness and felt that the Board should have been made aware of such a problem. Moved by English, supported by Kemp to accept the resignation of charles Fay as part -time Senior Van driver with regrets. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS:, None. MOTION CARRIED 7 -0. The Parks and Recreation Director will be asked to give a written report regarding the need for another driver. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES 5 REGULAR MEETING, MONDAY, MAY 3. 1993 MINUTES 2. COMMUNITY SERVICES BUDGET AMENDMENT. Moved by English, supported by Kemp to rescind the portion of the motion made April 5, 1993 regarding adding a line item under the Community Services Budget to pay for recycling coloring books. AYES: Skylis, Brown, Hall, Barnes, Cueny, Kemp, English. NAYS: None. MOTION CARRIED 7 -0. ' D. BUILDING DEPARTMENT MATTERS. REPORT REGARDING 1692 NEWMAN RD. Tom Berger, Building Official, reported that he met with the owners of the building on April 23, 1993 and advised them of the condition of the building. He gave them the ordinance criteria for bringing the building into compliance. He also gave them a document dated April 23, 1993 from the Assessing Department regarding the square footage of the house and the SEV of the building and property. Mr. Berger explained that he feels the building is unsafe and has been in its present state for many months but it is possible to bring it up to code even though it will be very costly. He also explained that the house which is 600 square feet with R3 zoning cannot be restored unless it is brought into conformance with the current requirement which is a 960 square foot minimum (Sec.27.01G -3). He felt the owner could meet setback requirements which are allowed under the ordinance for a lot of record with a small width. Mr. Berger also had concerns about the sanitary system which would require extensive field work due to the high water table and would require ' approval by Oakland County. Mr. Berger gave the owner alternatives for the building and asked her to contact him before the meeting regarding what she wanted to do but he has not heard from her since their meeting. Joan Spratt, 8109 Beaverland, Detroit, said she understood she was to attend this meeting regarding the building. She said she was disappointed to learn that she would have to bring the building up to current code and she did not feel she should have to do this. She explained that she has a pump and well which would have to be approved by Oakland County. Also, the structure of the house is sound and the porch will be removed. Mrs. Spratt said she has attempted to keep the building repaired and boarded up but vandals have continued to damage her property. Doug Spratt, the owner's son, said the property has an artesian well and he feels the existing septic system is correct. He asked that they be given more time to repair the building because they did not receive notice of the first hearings on the condemnation. ' Paul Hancock, 9209 Morrison, Plymouth, stated that the house has been vandalized many times but the Township and the Sheriff's Department have not helped protect the property. He said the house has fallen into disrepair but can be made livable. He also said Mrs. Spratt has paid taxes and insurance on the property for over 30 years and should be allowed 60 days to consult with an attorney and other professionals regarding repairing the building. Discussion followed on allowing the Spratt's more time to repair the house. Moved by Cueny that the property at 1692 Newman Rd. be condemned because the house is in violation of the ordinances of the Township. MOTION DIED FOR LACK OF SUPPORT. 54 CHARTER TOWNSHIP -OF ORION BOARD OF :.TRUSTEES " REGULAR MEETING, MONDAY MAY -3 1993" - MINUTES`- Moved by Skylis, supported by •Kemp to'qive the owners 45 days in which to apply to the Building Department for a permit to either remodel or destroy the building. AYES: Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: Cueny. MOTION CARRIED 6 -1. ----------------------------------------------------------------- The Township Board temporarily recessed from 9:15 -9:28 p.m. E. CONSENT AGENDA. . ,' °" . 1 '1''3..'.J'S' :.'•14° Moved by Skylis, supported by Cuen to approve the Consent Agenda as follows: 1. Request for Non - profit Status for Lions Visually Impaired Youth Camp. Approved resolution..recognizing LVIYC as a non - profit organization so that they may obtain a license to hold a fundraiser. 2. Solicitation Request - Michigan Citizens Lobby. Approved request from Michigan .Citizens- Lobby to conduct a door -to -door membership drive June 1 to August 31, 1993 for 4 p.m. to 9 p.m. weekdays and 12 p.m. to 6 p.m. on weekends. . 3. Request to purchase software —Treasurer's Office. Approved acquisition of cash management system software and a modem hook up through' First of America as outlined in a memo* dated April 23,. 1993 from Treasurer Hall. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, ' Cueny. NAYS: None. MOTION CARRIED 7 -0. F. PREVIOUS AGENDA ITEMS. �s TRAFFIC CONTROL FOR HOMEARAMA (memo* dated April 24, 1993 from Sgt. William Kucyk, OCSD and May 3, 1993 letter* from Rosalie Lamb, Builders Association of Southeastern Michigan) Lt. Mike McCabe t outlined a proposal* for traffic control at HOMERAMA for five additional officers during the week and six on the weekends when traffic is heaviest. 50,000 people are expected to visit during the 17 days of the event and he felt this was the minimum number of deputies needed to ensure the flow of traffic in and around the area. To date no events are scheduled for the Palace at the same time. The cost of the deputies would be paid by the Builders Association with the bill to be submitted by Oakland County to Orion Township. Trustee Kemp wanted a written agreement with the Builders Association that they will pay the cost of deputies. Rosalie Lamb, representing the Builders Association of Southeastern Michigan, said it was the position of the Builders Association that the extra deputies are not needed and it is an expense they did not anticipate. She explained there is a difference in the flow of traffic between a HOMERAMA event and an event at the Palace. Also, they have a traffic plan worked out which takes the cars off Silverbell onto a 1000 foot ingress road and 600 foot main drive to a graveled parking lot and exits traffic onto Bald Mountain Road via Roxbury Dr. Ms. Lamb said past experience has shown that traffic control is not a problem and this site is well suited to traffic flow. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES 55 Trustee Cueny said he would support the motion because it had been approved by the previous board, otherwise, he would object because one of the developers has a lawsuit against the Township. VOTE: AYES: Barnes, Hall, Brown, English, English, Cueny, Kemp. Skylis. NAYS: None. MOTION CARRIED 7 -0. Clerk English said she will check her records to make sure that the certificate of insurance is on file. 9. SPECIAL ASSESSMENT DISTRICTS 1. JUDAH ROAD CHLORIDE (memo* dated April 28, 1993 from Supervisor Brown) Petitions have been received from Judah Lake residents asking the Township Board to establish a special assessment district for the purpose of providing road chloride services (49 signatures - a majority of 74 property owners). Moved by English, supported by Kemp to authorize the Supervisor to prepare a preliminary cost estimate for the Judah Road Chloride SAD and report back to the Board. AYES: Cueny, Barnes, Hall, Brown, English, skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. 2. SUNSET HILLS AND SUNSET HILLS #1 COMMONLY OWNED PROPERTIES MAINTENANCE SAD (memo* dated April 28, 1993 from Supervisor Brown) A preliminary cost estimate* of $4950 and a work plan have been received for this project. Moved by Hall, supported by Barnes to set a Public Hearing for Monday, May 17, 1993 at 8:00 p.m. regarding the Sunset Hills and Sunset Hills #1 Commonly Owned Properties Maintenance SAD. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. Brief discussion followed on setting a fee for administering these projects. 3. SQUARE LAKE LEVEL SAD (memo* dated April 28, 1993 from Supervisor Brown and opinion* dated April 2, 1993 from Greg Need, Township Attorney) The Assessing ' Department was directed at the April 5, 1993 meeting to calculate the percentage of total land area represented by owners that objected in writing to the proposed SAD. They have been unable to make that calculation due to irregularly shaped lots. In the opinion of the Township Attorney, it is essential to have the exact calculation to proceed without petitions. The Township Engineers can make the calculation in approximately one week at a cost of $460. Supervisor Brown recommended that petition signatures be required for the SAD because this process is becoming very time consuming and costly for the Township. HOMEARAMA, cont... Lt. McCabe said he has not seen a site plan but would prefer to see the ingress and egress on Silverbell leaving Bald Mountain Road as an alternate route if cars must be "stacked ". He also said he had spoken to someone representing HOMERAMA who said they would be willing to pay for the deputies if the parties could reassess the situation after the first weekend to see if the number of officers is appropriate. 1 Moved by Skylis, supported by Kemp to accept the recommendation of the Supervisor, Fire Chief, and Lt. McCabe in terms of the necessary manpower to supervise traffic for HOMERAMA and that the number of deputies be reevaluated after the Memorial Day weekend as to whether more or less deputies are needed and to bill the Builders Association for the deputies. Trustee Cueny said he would support the motion because it had been approved by the previous board, otherwise, he would object because one of the developers has a lawsuit against the Township. VOTE: AYES: Barnes, Hall, Brown, English, English, Cueny, Kemp. Skylis. NAYS: None. MOTION CARRIED 7 -0. Clerk English said she will check her records to make sure that the certificate of insurance is on file. 9. SPECIAL ASSESSMENT DISTRICTS 1. JUDAH ROAD CHLORIDE (memo* dated April 28, 1993 from Supervisor Brown) Petitions have been received from Judah Lake residents asking the Township Board to establish a special assessment district for the purpose of providing road chloride services (49 signatures - a majority of 74 property owners). Moved by English, supported by Kemp to authorize the Supervisor to prepare a preliminary cost estimate for the Judah Road Chloride SAD and report back to the Board. AYES: Cueny, Barnes, Hall, Brown, English, skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. 2. SUNSET HILLS AND SUNSET HILLS #1 COMMONLY OWNED PROPERTIES MAINTENANCE SAD (memo* dated April 28, 1993 from Supervisor Brown) A preliminary cost estimate* of $4950 and a work plan have been received for this project. Moved by Hall, supported by Barnes to set a Public Hearing for Monday, May 17, 1993 at 8:00 p.m. regarding the Sunset Hills and Sunset Hills #1 Commonly Owned Properties Maintenance SAD. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. Brief discussion followed on setting a fee for administering these projects. 3. SQUARE LAKE LEVEL SAD (memo* dated April 28, 1993 from Supervisor Brown and opinion* dated April 2, 1993 from Greg Need, Township Attorney) The Assessing ' Department was directed at the April 5, 1993 meeting to calculate the percentage of total land area represented by owners that objected in writing to the proposed SAD. They have been unable to make that calculation due to irregularly shaped lots. In the opinion of the Township Attorney, it is essential to have the exact calculation to proceed without petitions. The Township Engineers can make the calculation in approximately one week at a cost of $460. Supervisor Brown recommended that petition signatures be required for the SAD because this process is becoming very time consuming and costly for the Township. 56 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES 'MINUTES REGULAR MEETING, MONDAY. MAY 3. 1993 SQUARE LAKE SAD coot... Mark Stepek, 1501 Tipton, said the Disappearing Lakes Association has authorized payment of the $460 cost for the engineers to calculate the percentage but they want assurances that the Board would move forward on the SAD if it come back under the 20% required. He feels they have the support of residents and they would prefer not to go through the petition process. Discussion followed. , Moved by Kemp, supported by Cueny to authorize the engineer to do the calculations for Square Lake SAD and to charge the Disappearing Lakes Association the engineering fee. AYES: Barnes, Hall, Skylis, Cueny, Kemp. NAYS: Brown, English. MOTION CARRIED 5 -2. B. REQUEST TO ADDRESS BOARD RE: CANTERBURY VILLAGE LIQUOR LICENSE. Stan Aldridge made a brief presentation to the Board regarding his project on Joslyn Rd. called Olde World Canterbury Village. He asked the Board to consider his request for a liquor license because it is critical to the success of the business. Brief discussion followed. C. APPOINT COMMITTEE TO REVIEW CDA FUNDS. Treasurer Sue Hall, Supervisor Dough Brown,.and Trustee Al Barnes, and Jill Bastian were appointed to a committee to meet with Lee Mitchell from,Oakland County to discuss the types of projects which qualify'for CDA funds. D. COMPUTER MAINTENANCE AGREEMENT (memo* dated April 28, ' 1993 from Supervisor Brown) The original warranty on the AS /400 expired on April 15, 1993. A proposal was received from IBM for 1, 2, and 3 year contracts which would cover all parts and labor, 24 hour service, 7 days a week on both the AS /400 processor and the tape backup unit. Supervisor Brown recommended approving either the 1 year contract at $237 per month or the 2 year contract at $208.56 per month. Discussion followed on the high cost of the contract and the consensus of the Board was to investigate other options with the possibility of going out for competitive bids. Supervisor Brown said that Kim Vincent, Assessor, had submitted a letter of resignation* dated May 3, 1993 with her resignation effective May 21, 1993. Moved by Kemp, supported by Cueny to accept the resignation of Kim Vincent with deep regrets and to wish her success in her new venture. AYES: Cueny, ' Brown, English, Skylis, Kemp. NAYS: Barnes, Hall. MOTION CARRIED 5 -2. Moved by Kemp to advertise for a replacement for the Township Assessor. Brief discussion followed on asking for reimbursement for classes which Ms. Vincent has taken. Discussion followed on whether to advertise for a new assessor and what level of certification is needed. There was also discussion on promoting from within for this position. There was also brief discussion on having the assessing function taken over by the County. Treasurer Hall strongly supported having an in -house assessing department. 57 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES REGULAR MEETING, MONDAY, MAY 3. 1993 MINUTES Board Members Comments, cont... Trustee Kemp withdrew his motion. Clerk English suggested that Supervisor Brown and Treasurer Hall meet with Ms. Vincent and come back to Board with a recommendation. Trustee Cueny questioned whether all the backlog items were taken care of at the special meeting. He also �. mentioned the information only item regarding Paint Creek Ridge Subdivision sidewalk which says that the problem may have been caused by a water main extension. Mr. Cueny also referred to Jill Bastian's letter regarding safety paths on M -29. He did not feel this was safe area for paths. Trustee Skylis questioned the start date for the Senior Center parking lot. Supervisor Brown said the job will be starting in the next few days. Richard White, Director of DPW, referred to Mr. Foley's letter about the water main extension causing the sidewalk failure at Paint Creek Ridge. He said the water main was contracted by the developer. Mr. White has been in contact with Mr. Foley who now acknowledges that the water main did not cause this problem. Mr. White said the problem may have been caused by a trench which was dug next to the sidewalk. Supervisor Brown said he will be meeting with Mr. Foley and the utilities companies regarding who dug the trench. -- -- . t .- •> r^ Bonnie Stickney, 731 E. Clarkston Rd., suggested the Board have a written policy regarding reimbursement for employee eduction. There was also discussion on whether businesses who remodel are required to install safety paths. Mrs. Stickney also suggested the Board publicly thank Sandy Green6er4, 'voluntee-rs, and businesses who contributed to the Township cleanup. Mrs. Stickney then submitted a letter to the Board re- garding a personal matter f9r,t4e,Board1s.informa,t1on. Jill Bastian suggested the Board ;look for, ;someone locally who could provide computer maintenance. She also spoke,;,in ,support.of- Mrs. Vincent..; $he.also briefly discussed safety path matters.. Cierk'English suggested recognizing Sandy Greenberg at the next regular meeting. Trustee Cueny commented that the County -could be asked to place "vehicles turning out" sign near the Sunset Hills and E. Clarkston Road-intersection. There was also discussion on whether trees could be removed from ,this area to improve.yisibili,ty4. :;t •.` ADJOURNMENT Moved by Hall, supported by Cueny to adj:ourn--the meeting. AYES: All. NAYS: None. MOTION CARRIED 7 -0. The meeting was adjourned-_at. 11.:.20 p.m. Ldo =_'_. _ -_ -• i�gli r.Cle'rk Charter Township of Orion Transcription: - 'Mary -Jane Shields This meeting is on tape. *On file in the Clerk's Office. 58 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES M I N ;U REGULAR MEETING, MONDAY, MAY 17, 1993 The Charter Township of Orion Board of Trustees held a Regular Meeting, Monday, May 17, 1993 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall OTHERS: Lawrence Obrecht Lillian MacMillan Sandy Greenberg Dennis Hart Jesse Walling Fr. Joe Dailey Deborah Wilson White Diane L. Dewey John Spearing Carl Weiler Jim Milford Frank Kunz Joseph Fraga Tom Berger Susan Galeczka Trustee Trustee Trustee Trustee Ruth Ann McCallum David Beiter Dianne Starck' Dorothy Walling Darrel Cole Ellen'Thomerson Bonnie Stickney Carl- Cyrowski Lois Whitham Mary MacMaster Lt: Mike McCabe Kim McGuire Jerry Meita Jim Marleau Tim Patterson Allen Barnes Burke Cueny Peter Kemp James Skylis Ross McCallum Mary Jo Sights Sommer Starck Bill Walling Jill Bastian Tim Mark Richard M. --Leon -Harrison Gary Banghart Karen Allcorn Gary Thede Jim McGuire Penny Crissman Bill Boring 1. CALL TO ORDER The meeting was called to order at 7:00 p.m. by Supervisor Brown." 2. PLEDGE AND INVOCATION The Pledge of'Allegiance was led by. Supervisor Brown and the Invocation 'was given by Fr. Joe Dailey of Christ the Redeemer Church on Baldwin Rd. 3. ROLL'CALL� ' Clerk English called the roll. All members were present except Treasurer Hall. J 4. PRESENTATION OF'CERTIFICATES Treasurer Hall arrived at 7:10 p.m. ORION AREA YOUTH ASSISTANCE. Ellen Thomerson and Ruth McCallum representing Orion Area Youth Assistance presented certificates to the following students in recognition of their contributions to the community: Jenny MacMillan Leigh Downs Jesse Walling Sommer Starck HOMETOWN CLEANUP. Sandy Greenberg was also presented with a certificate in recognition of her work in organizing a Hometown_ Cleanup Day.- Ms. Gieenberg- thanked participants and local businesses who contributed. A. SPECIAL MEETING, APRIL 27, 1993. Moved by Kemp, supported by Skylis to approve the minutes of the Special Meeting held Tuesday, April 17, 1993 as corrected (page 4, third paragraph, change to read "MOTION CARRIED 5 -0). AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. l i 1 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES 5 J '1 REGULAR MEETING. MONDAY. MAY 17.993 MINUTES MINUTES, cont... B. REGULAR MEETING, MONDAY, MAY 3, 1993. Moved by Cueny, supported by Barnes to approve the minutes of the Regular Meeting, Monday, May 3, 1993 as submitted. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. A. REQUEST FOR PAYMENT - CONKLIN RD. SANITARY SEWER REPAIR. Moved by Kemp, supported by Cueny to approve payment of the bill from DiPonio and Morelli Construction Company in the amount of $6383.77 for the Conklin Road sanitary sewer repair. AYES: Barnes, Hall, Brown, English, Skylis, Cueny, Kemp. NAYS: None. MOTION CARRIED 7 -0. B. APPROVAL OF BILLS. Moved by English, supported by Kemp to approve the bills for payment in the amount of $55,762.94. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. C. REQUEST FOR SINGLE AUDIT. Skillman, Boyle and Pollack, Township Auditors, requested approval to perform a Single Audit because Federal funds received by the Township exceeded $100,000. Moved by Cueny, supported by English to approve the Single Audit at a cost not to exceed $2700. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny., NAYS: None. MOTION CARRIED 7 -0. 7. BRIEF PUBLIC COMMENT I Dennis Hart, 4424 Maybee Rd., commented that repairs to Maybee Rd. have not been done and the road condition is deteriorating. Richard White, Director of DPW, said he - would contact the developer regarding repairs.` Mary MacMaster, 3539 Capaldi Circle, agreed with Mr. Hart regarding Maybee Rd. She was also concerned about whether the Assessor was setting up an outside business on Township time. She also asked if Clerk's office has received the Board of Review minutes. Clerk English said she has not received the Board of Review minutes but she has received copies of the work sheets which are in order by Board letter and petition number only. Bonnie Stickney, 731 E. Clarkston Rd., asked the Supervisor to see that the Clerk receives the Board of Review minutes. Carl Cyrowski, representing the Chamber of Commerce, informed the Board that the Chamber has been offered a booth at HOMEARAMA free of charge. He asked the Board to help with the cost of maps and booklets. Discussion followed on supplying information in a welcome letter. Any cost may be discussed at the Special Meeting on May 26, 1993. Treasurer Hall suggested information might be available from Lake Orion Schools. Lt. Mike McCabe, OCSD, responded to a complaint from a citizen regarding an arrest in Orion Township. He stated that all policies and procedures were followed by deputies. Brief discussion followed. Bonnie Stickney, 731 E. Clarkston Rd., commented that Lt. McCabe was not present at this incident._ re HIP OF ORIONFBOARD OF- TRUSTEES 8. APPROVAL OF AGENDA YAlmo- Trustee Kemp recommended tha Penny Crissman's address to item based on Ms. Crissman's t Item 10 A, Representative the Board, be a floating arrival time. Trustee Cueny requested that an item regarding the Deputy Clerk be added as Item 10 F.j,;:Clerk•English did —not feel' -tFiis was- a piopei item. She stated this was .,.w.,_herpappointment ,.. and,she didrnot scare- to,rdiscuss the matter. IIA9FH Moved by Cueny, supported by Barnes that under Item 10 - New Business, Section F, the Board have the oppor- tunity to address the Clerk regarding the matter of the Deputy Clerk. Trustee Skylis objected to adding items to the agenda without information being supplied to the Board ahead of time. AYES: Kemp,.,Hallj, Barnes,,Queny. NAYS: ,Skylis, English, Brown. MOTION CARRIED 4 -3. I Moved by Kemp, supported .;by Barnes to approve the agenda as amended. AYES: Cueny, Barnes, Hall, Brown, Kemp. NAYS: English,,,Skylis. MOTION,CARRIED 5 -2. 9. PENDING BUSINESS A. ATTORNEY.MATTERS i UPDATE ON PREVIOUS ATTORNEY BILL. Tim Patterson, Township Attorney, reported litigation is continuing on the Almas matter. A payment has been made but the disputed amounts are still being•.71-Lti,gatedalq Salvkj t B. SENIOR CONCERNS SENIOR CENTER RENOVATION WORK - ARCHITECT CONTRACT.(memo* dated May 1, 1993 from Supervisor Brown) An agreement was proposed with Straub Associates /Architects to do the design work and oversee renovation in the lower level of the Senior Center. Supervisor Brown explained that the project would be funded by $51,000 in 1993 -94 CDBG funds. The project is not based on the additional $88,000 of CDBG funds which may become available. Moved by Kemp, supported by Skylis to authorize the Township Supervisor to sign the architect contract agreement with Straub Associates /Architects,for the design work and to oversee the Senior Center renovation in the lower level multi - purpose space on the east side of the building once the Board has given approval to spend the $51,000 (plus or minus) CDBG funds with the $3500 cost of architectural services to be taken from those funds. Discussion followed on developing a master plan for the Senior Center. Trustee Cueny objected to spending any more money_on this building. AYES:, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: Cueny. MOTION CARRIED 6 -1. ----------------------------------------------------------------- THE TOWNSHIP BOARD. TEMPORARILY. RECESSED FROM 8:00 -8:30 P.M. TO HOLD A PUBLIC HEARING REGARDING SUNSET HILLS AND SUNSET HILLS #1 COMMONLY OWNED PROPERTIES MAINTENANCE SAD. ---------------------------------------------------- ------- - - - - -- SUNSET HILLS AND SUNSET HILLS #1 COMMONLY OWNED PROPERTIES MAINTENANCE SAD. Further Board discussion followed the Public Hearing. Treasurer Hall asked if, even though the Township would be collecting and disbursing the funds, it was t CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES 6 1 REGULAR MEETING, MONDAY, MAY 17, 1993 'MINUTES SUNSET HILLS AND SUNSET HILLS #1 SAD, Cont... allowable under the statute for the Township to enter into a contract with the homeowners association to manage the details of getting bids and quotes, seeing that the work is carried out, and handling complaints. Mr. Patterson said the statute did not address this issue but it could probably be done by contractual arrangement and his office should participate in drafting and reviewing such a contract. Mr. Kunz said he would like to.meet,with the Township to'discuss the details of a management contract. Trustee Kemp was concerned that there was. not enough support for this special assessment district. Trustee Cueny said the people who were opposed should have attended the hearing. Discussion followed. Clerk English said she met with the Supervisor, Treasurer and other staff members regarding guidelines for SAD administration fees and suggested placing a resolution on the June 7, 1993 agenda for adoption which would add those fees to the schedule. Board members concurred. Clerk English also commented that the' Assessor should handle SADs and sign the roll. This has not been the procedure in the past. Clerk English read the Resolution* (memo dated May 17, 1993 from the Supervisor's office) authorizing preparation of the Special Assessment roll. Moved by Cueny, supported by Skylis to adopt the Resolution* (as included in the memo* dated May 17, 1993 from the Supervisor's office) authorizing prepa- ration of the Special Assessment Roll for Sunset Hills and Sunset Hills 41 Commonly Owned Properties Mainte- nance SAD. AYES: Kemp, English, Brown, Hall, Barnes, Skylis, Cueny. NAYS: None. MOTION CARRIED 7 -0. ITEM 10A. REQUEST FROM PENNY CRISSMAN TO ADDRESS THE BOARD. Penny Crissman, State Representative for the 45th District, answered questions from the Board about Proposal A which is on the June 2, 1993 ballot.,...She also provided the Board with printed information entit- led "STAR - School and Taxpayer Agenda for Reform ",..., The Township Board temporarily recessed from 9:21 -9:33 p.m. ---------------------------------- ---- --------------------- - - - - -- C. ASSESSING DEPARTMENT. REPORT RE: HIRING NEW ASSESSOR. Supervisor Brown and Treasurer Hall reported they met with Kim Vincent and other members of the Board and they found that a Level ' IV assessor is needed in Orion Township to appraise properties such as the General Motors plant and Old World Canterbury Village. They feel an experienced assessor is also needed due to the boom in residential construction, the possible impact of Proposal A, as a liaison with Oakland County in the appraisal of personal property, and to manage the assessing office. Moved by Cueny, supported by Barnes to advertise for a Level IV Assessor in the Michigan Township Assessor's Association Magazine with the salary to be negotiated depending on qualifications. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. 2 . . u. +z I� dw, � } A In CHARTER„TOWNSHIP OF'ORON,BOARD,OF „TRUSTEES,�M MINUTE S._. REGULAR'MEETING'MONDAY.`MAY`17 1993 D. BUILDING DEPARTMENT MATTERS. REQUEST 'TO HIRE ORDINANCE ENFORCEMENT OFFICER. Moved by Skylis, supported by Cueny to-'approve hiring Thomas W. Blazak as Ordinance Enforcement officer at.the rate of $10.25 per `hour for 35 hours per week ($18,655 annually) beginning June 1, 1993. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 =0. Mr. Berger said a job description is on file for this position which does not' include inspection work.,' ' E. REQUESTS TO COMBINE NON- CONFORMING LOTS OF RECORD. 1. LOTS 9 & 10, BLOCK 28, BUNNY RUN COUNTRY CLUB SUBDIVISION; GARY BANGHART, 'PETITIONER. Mr., Banghart was present and answered questions from the Board. Moved by Skylis, supported by Cueny to approve the request to combine Lots19 & 10, Block 28, -Bunny Run Country Club Subdivision, S. Long Lake Blvd., Gary Banghart, petitioner, to create a lot with a 60' frontage and 110' depth. AYES: Barnes, Hall, Brown, t English, Skylis, Cueny, Kemp. NAYS: None. MOTION CARRIED 7 -0. 2. LOTS 9 & 10, BLOCK 15, BUNNY RUN COUNTRY CLUB SUBDIVISION, CAROL WEILER, PETITIONER. Moved by Cueny, supported by Kemp_ to approve the request, to combine Lots 9 & 10,'Block 15, Bunny Run'Country Club Subdivi- sion, Orion Terrace, Carol Weiler, petitioner, to create a lot with a 55' frontage and a depth of 105'- 106.97'':` AYES: Cueny, Barnes, Hall, Brown, English, Skylis', Kemp. 'NAYS: None. MOTION CARRIED.7 -0. Discussion followed on the narrow width of this lot which''has a:55' frontage and widens to *75.80' at the back. Mr.: Berger, said the owner was aware of the niitations on the placement of the house.. Trustee Skylis asked the property.owners in both lot combinations to 'improve the road near their property if possible. He also asked Mr. Berger `have 'the new Ordinance , Enforcement, Off -icer,,begin,enforcing the,.sign y "'oididancei and "ch6'di"into" "the "conditioin of an abandoned " "house on M224 south'�of Silverbell. E. " "DPW MATTERS 1. CHANGE IN SANITARY "SEWER'INDUSTRIAL AND HIGH STRENGTH CHARGES FOR NON - RESIDENTIAL CUSTOMERS. Richard White, Director of DPW, explained that the new charges are .a straight pass - through of charges from the City of Detroit with no mark -up. Moved by English, supported by` Kemp to approve changing Section15,,,paragraphs..C. and E of the Township of Orion Water and Sewer` "System Regulations effective tJul.y,l, 1993 as follows: I,Ot.;7 Change Section 5, paragraph C to read: C. In addition to the sever -usage charges, all non- residential users,of the system shall pay a,quarterly Industrial Waste Control (IWC) Charge in accordance with the following schedule, based on assigned meter size (Effective 7/1/93): Meter'Size Quarterly IWC Charge 5/8" $ 6.60 3/9" 9.90 1" 16.50 1 -1/2” _36.30 2" _ 52.80 3" 95..70 IN D CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES 6 3 REGULAR MEETING. MONDAY, MAY 17, 1993 MINUTES DPW MATTERS, cont... Meter Size 411 6" 811 10" 12" 16" 18" Quarterly IWC Charoe $ 132.00 198.00 330.00 462.00 528.00 792.00 924.00 Non- residential users shall be defined as all users other than single family houses, apartment buildings and condominiums, townhouses, mobile homes, schools, churches, and municipal buildings. Change Section 5, paragraph E to read: E. High Strength Surcharge (Effective 7/1/93). A High Strength Surcharge shall be levied against industrial and commercial customers contributing sewage to the system with concentrations of pollutants exceeding the levels described as follows: A. 275 milligrams per liter (mg /1) of Biochemical Oxygen (BOD) B. 350 milligrams per liter (mg /1) of Total Suspended Solids (TSS) C. 12 milligrams per liter (mg /1) Phosphorus (P) D. 100 milligrams per liter (mg /1) of Fats, Oils, and Grease (FOG) HIGH STRENGTH POLLUTANTS Biochemical Oxygen Dema Total Suspended solids Phosphorus (P) " Fats, Oils, and Grease TOTAL CHARGE PER POUNDS _ OF EXCESS POLLUTANTS ind (BOD) $ 0.110 (TSS) 0.147 1.721 (FOG)' 0.045 The High Strength Surcharge shall not apply to domestic customers. Restaurants shall also be exempt from High Strength Surcharge per the Federal Court "Second Interim Order ", dated July 10, 1981. AYES: Skylis, Brown, Hall, Barnes, Cueny, Kemp, English. NAYS: None. MOTION CARRIED 7 -0. Mr. White also commented that the City of Detroit and Oakland County have indicated there willV510 increase in water dk sewer rates in 1993. E. DPW BUILDING EXPANSION. Supervisor Brown, Trustee Cueny, Richard White, and Tom Yaste, Straub and Associates met to discuss options for adding to the present DPW building to alleviate space problems in the Township Hall. They found it would be preferable to add on to the Township Hall due to limited parking space at the DPW building and the need for the DPW to interact with the other departments. Trustee Cueny said a written report and a rough drawing of the proposed addition may be ready by the next meeting. F. FIRE DEPARTMENT MATTERS. AGREEMENT WITH VILLAGE OF LAKE ORION REGARDING DISPATCH SERVICES. A proposed Dispatch Agreement* which was approved by the Village of Lake Orion was presented by Fire Chief Jeff Key along with his recommendations* for changes and additions. The changes as noted on the draft copy included deletion of the paragraphs in the opening regarding burning permit procedures and acknowledging receipt of Exhibit A. TOWNSHIP OF ORION BOARD OF TRUSTEES 11.1w, IT MEETING. MONDAY. MAY 17.1993 MID DISPATCH AGREEMENT, cont... Mr. Patterson had concerns about Section 7 containing indemnification language which would hold the Village of Lake Orion harmless from any claims from providing dispatch service. He will contact Brian Elliott of Burnham and Flower, Township Insurance Agent, regarding modifications to the language in Section 7 so that it is acceptable to the insurance carrier. Board members were concerned that the agreement was not presented in its final form and they had not had enough time to study it. Clerk English recommended that Mr. Patterson and Chief Key work together to have this agreement in final form for consideration, at the June 7, 1993 meeting. ADDED ITEM• LAWN MAINTENANCE CONTRACT. Moved by Kemp, supported by Skylis to authorize the Fire Chief to contract for grass cutting at three fire stations with Best Impressions for $50 per week contingent upon proof of liability insurance and workman's compensation insurance. AYES: Kemp, Skylis, Brown, Hall, Barnes. NAYS: English, Cueny. MOTION CARRIED 5 -2. Chief Key will provide the Clerk with copies of the proofs of insurance. Discussion followed on asking the insurance agent for guidelines on the amount of liability coverage needed. r C. Clerk English and Trustee Cueny objected to setting the precedent of, adding items which are -not listed on the agenda and have no back up information. G. ORDINANCE ADOPTION. 1. FIRST READING - TEXT AMENDMENTS TO ORDINANCE NO. 77, SIGNS, SECTION 4.f. Clerk English read a memo* dated May 10, 1993 from the Orion Township Planning Commission recommending adoption of, PC- 93, 76, Text Amendments to Ordinance 77, -Signs, Section.44.f, on a unanimous vote. Clerk English announced this is a First Reading of the proposed amendments which will -be- advertised for adoption at the June 7, 1993 meeting. Mr. Patterson recommended that text amendments be reviewed by his office prior to publication. Trustee Kemp questioned if this was already being done during ,the•attorney's review of the Planning Commission minutes. Mr. Patterson will contact the Supervisor regarding any needed review. 2. FIRST READING - MICHIGAN NATIONAL BANK REZONING REQUEST. •Clerk English read a memo* dated May 12, 1993 from the Orion Township Planning Commission recommending approval of PC -93 -4, Michigan National Bank Rezoning Request (GB -2 to RB -2 for property on M- 24 south of Clarkston Rd.) on a unanimous vote. Clerk English announced this a First Reading of the proposed rezoning which will be advertised for adoption at the June 7, 1993 meeting.;;!._,, .� - ;f. :w- ; ;_-! H- TAcCONSENT. AG_ ENDA ttC r..0 x7,11._' -,Z, k, 1 YT. -,r :A;Dh T' 421 Moved by Kemp, supported by Cueny to approve the Consent Agenda as follows: Solicitation Request from Clean Water Action. Approved a door -to -door canvas beginning May 1, 1993 and ending July 30, 1993. I U 1 65 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES - REGULAR MEETING MONDAY, MAY 17 1993 MINUTES CONSENT AGENDA, cont... Solicitation Request from Building and Construction Trades Department of the A.F.L.- C.I.O. Approved request to conduct "Dollars for Diabetes" fundraising campaign at several intersections in the Township on Saturday, June 19, 1993 between the hours of 10:00 a.m. and 4:00 p.m. AYES: Barnes, Hall, Brown, English, Skylis, Cueny, Kemp. NAYS: None. MOTION CARRIED 7 -0. I. PREVIOUS AGENDA ITEMS. 1. ELECTED OFFICIALS POLICY. The following changes to the Elected Officials Policy were recommended: Starting with 1994 Budget, Trustees would receive either 50% paid health insurance benefits and $100 per regular meeting or 100% health insurance coverage and no regular meeting fee. Paragraph 1, change to read "The Supervisor, Clerk, and Treasurer are full -time employees of the Township and are entitled to all benefits provided by Orion Township with the exception of longevity. As of January 1, 1994, Elected Officials shall not receive, nor be eligible to receive longevity. #S, Township Vehicles, paragraph 1, change to read "A record of mileage will be kept in the Clerk's office." Paragraph 9, Mileage Compensation, change to read "mileage will be paid at the rate authorized by the IRS for the previous year when the budget is adopted and will be paid to Elected Officials who use their priva- tely owned vehicles on authorized Township Business." Trustee Barnes suggested the Insurance Committee review payments for adult children and dependent riders on health insurance. The proposed changes will be put in writing to be considered at the June 7, 1993 meeting. Clerk English commented that Ordinance #100, Charter Township of Orion Officer and Employee Benefits Ordinance, should also be amended at a future date to correspond to any changes made in the Elected Officials policy. ' 2. COMPUTER MAINTENANCE CONTRACT UPDATE. Supervisor Brown reported that no quotes have been received at this time. Moved by English, supported by Cueny to extend the meeting to 11:00 p.m. to finish the agenda. AYES: English, Brown, Hall, Barnes, Cueny. NAYS: Kemp, Skylis. MOTION CARRIED 5 -2. Delete Paragraph 4 regarding Floral Tributes. ' Delete Paragraph Paragraph 6, Meal 5 regarding Allowance, Special Meeting Compensation. raise allowance to $40 for three meals per day, $25 for lunch and dinner, and $15 for breakfast and lunch. #S, Township Vehicles, paragraph 1, change to read "A record of mileage will be kept in the Clerk's office." Paragraph 9, Mileage Compensation, change to read "mileage will be paid at the rate authorized by the IRS for the previous year when the budget is adopted and will be paid to Elected Officials who use their priva- tely owned vehicles on authorized Township Business." Trustee Barnes suggested the Insurance Committee review payments for adult children and dependent riders on health insurance. The proposed changes will be put in writing to be considered at the June 7, 1993 meeting. Clerk English commented that Ordinance #100, Charter Township of Orion Officer and Employee Benefits Ordinance, should also be amended at a future date to correspond to any changes made in the Elected Officials policy. ' 2. COMPUTER MAINTENANCE CONTRACT UPDATE. Supervisor Brown reported that no quotes have been received at this time. Moved by English, supported by Cueny to extend the meeting to 11:00 p.m. to finish the agenda. AYES: English, Brown, Hall, Barnes, Cueny. NAYS: Kemp, Skylis. MOTION CARRIED 5 -2. OF HARTER TOWNSHIP OF ORION BOARD OF TRUSTEES 10, N- i;BUSINESS w "< �' •M_�Y4S' ""' „'T" 'M R.'[1" B. SPECIAL ASSESSMENT DISTRICTS 1., _RIDGE, ROAD, PRIVATE -TO- PUBLIC. Petitions* were " received .from " ', poperty,jowners (11'out'of 16'parcels) asking 'that Ridge Road'becorne a putilic road. Moved by Kemp, supported by Skylis to authorize the Township Engineer to prepare a preliminary plan to upgrade Ridge Road to County specifications and to seek an opinion from the Road Commission as to whether or not it would accept the road as public if it were brought up to its standards. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. Trustee Barnes recommended,Mthat. informed that administrative fees wi setting up this district.,. Trustee that a deposit be required: -'Clerk issue would be addressed when the resolution is considered at the next the, residents be 11 be charged when Cueny,recommended Englist —said ; this administrative fee meeting. 2. HUSTON CHLORIDE SAD. Huston Dr. residents have submitted petitions* asking the Township to establish a Special Assessment District for road chloriding. Moved by Barnes, supported by Skylis to authorize the Supervisor to prepare a preliminary cost estimate for Huston and to report back to the Board.. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. C. ORION AREA YOUTH ASSISTANCE.' Moved by English, supported by Skylis to approve Diana Kusmider, Bonnie Claycomb, and Marvin McLachlan as members of Orion Area Youth Assistance. AYES: Kemp, Brown, Hall, Barnes, Cueny, Skylis, English. NAYS: None. MOTION CARRIED 7 -0. , Moved by Skylis,- supported by English to appoint Supervisor Doug Brown as the Township Board representative to Orion Area Youth Assistance. AYES: Kemp, Brown, Hall, Barnes, Cueny, English, Skylis. NAYS: None. MOTION CARRIED 7 -0. D. CDBG THREE YEAR COOPERATIVE AGREEMENT.. Moved by Kemp to approve the three year Cooperative'Agreement between Oakland County and Orion Township for participation in the Community Development Program (CDBG) and to authorize the Supervisor and Clerk to sign on behalf of the Township. Trustee Barnes suggested that the Township. Attorney review the agreement and give an .opinion on any restrictions the agreement might have on receiving funds. Trustee Cueny objected to accepting any further funds through the Federal HUD program. Moved by Kemp, supported by Skylis to table the motion to approve the agreement until the Township Attorney can review the.. agreement and - report .baca _k;,t the, next meeting.' -AYES: Cueny, Barnes, Hall,' Brown, Skylis, Kemp. NAYS: English. MOTION CARRIED 6 -1.' E. SUMMER TAX AGREEMENTS (memo* dated May 11, 1993 from Treasurer Hall) Moved by Cueny, supported by Hall to authorize the Supervisor and Clerk to sign the tax collection agreements with Lake Orion Schools and other taxing units. AYES: Barnes, Skylis, Brown, English, Kemp, Cueny, Hall. NAYS: None. MOTION CARRIED 7 -0. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES 7 REGULAR MEETING MONDAY MAY 17 1993 MINUTES F. DISCUSSION RE: DEPUTY CLERK. Trustee Cueny questioned why the Board was not informed of the change in the Deputy Clerk appointment. He also questioned the attorney regarding the legality of not filling 'the appointment. Clerk English stated the Township Board is not involved in the appointment of deputy clerk. She also stated she is responsible for her office and the employee has not been dismissed. 11. BOARD COMMENTS - NONE Jill Bastian, 913 Heights Rd., concurred with Trustee Cueny's remarks about the deputy clerk appointment. Bonnie Stickney, 731 E. Clarkston Rd., also concurred with Trustee Cueny. Ms. Stickney also suggested that an application fee should be charged when setting up SADs and she questioned if the Board could charge this fee retroactively to SADs that are now in existence. Mr. Patterson commented there is language in the resolution about SADs which was read by the Clerk which may allow the Board to reevaluate special assessment districts. There was brief discussion on the 911 dispatch agreement. ADJOURNMENT Moved by Kemp, supported by Hall to adjourn the meeting. AYES: All. NAYS: None. MOTION CARRIED 7 -0. The meeting was adjourned at 11:00 p.m. Marie sh, Clerk Charter Township of Orion Transcription: Mary Jane.Shields This meeting is on tape. *On file in the Clerk's Office. ----------------------------------------- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES PUBLIC HEARING MINUTES SUNSET HILLS AND SUNSET HILLS #1 COMMONLY OWNED PROPERTIES MAINTENANCE MONDAY, MAY 17, 1993 The Charter Township of Orion Board of Trustees held a I Public Hearing, Monday, May 17, 1993 at 8:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall OTHERS: Lawrence Obrecht Lillian MacMillan Sandy Greenberg Dennis Hart Jesse Walling Fr. Joe Dailey Deborah Wilson Diane L. Dewey John Spearing Carl Weiler Jim Milford Frank Kunz Joseph Fraga Tom Berger Susan Galeczka Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis Ruth Ann McCallum Ross McCallum David Beiter Mary Jo Sights Dianne Starck Sommer Starck Dorothy Walling Bill Walling Darrel Cole Jill Bastian Ellen Thomerson Tim Mark Bonnie Stickney Richard White Carl Cyrowski Leon Harrison Lois Whitham Gary Banghart Mary MacMaster Karen Allcorn Lt. Mike McCabe Gary Thede Kim McGuire Jim McGuire Jerry Mejta Penny Crissman Jim Marleau Bill Boring Tim Patterson S8HARTER TOWNSHIP OF ORION BOARD OF TRUSTEES The Public Hearing was called to order at 8:00 p.m. by Supervisor Brown. It was held to receive -public comment ori•the preliminary cost estimate* for Sunset Hills and Sunset Hills #1 Commonly Owned Properties Maintenance Special Assessment District. Super- visor Brown explained that the SAD would be created for a period of ten years with annual redetermination of the cost. The preli- minary cost estimate is $5850 or approximately $58 per parcel. Frank Kunz, 1220 Kempster and current President of the Sunset Hills and Sunset Hills #1 Homeowners Association, explained the "' reason ,for —the special assessment district is that:the'roads and , commonly owned properties are privately maintained and only about 508 of owners have been contributing to the cost. The Association is running out of funds and they have circulated petitions to form a Special Assessment District to cover costs. If the SAD is formed, the Board of Directors of the Homeowners Association would .like to assist with the administration of the SAD using the guidelines they have proposed and under the authority of the Board. They have proposed that•the Township collect and hold the funds. The Board of Directors of Sunset Hills would put the work out for bids and then submit bids to the Township Board for approval and payment of bills. Trustee Kemp commented that the Homeowners Association wants the Township to collect the money and disperse it back to the association. Mr. Kunz said that was correct supervisedtiby the-Township. but use of the funds would be r Trustee Kemp and Trustee Cueny said the majority of the Board agreed that a¢ fee should be charged for administration of SADs. Supervisor.. Brown explained the $450 Township Administrative Expense is part of the $5850 Preliminary Cost Estimate as well as a $450 cost for advertising for the first year only ands some additional adjustment for chloriding.• (Those costs1wouldL- beTpaid to the Township by the Homeowners Association. Supervisor Brown explained that most Townships charge at least a 108 administration fee. m , Mr. Kunz saidT that -he- had..not" seen'a - 'copy4of) the Township's preliminary cost estimate,. The 108 administration cost listed in the information �,turhed'in ''the byl >the-- Association was for an everyday business1'1accountHf6t emergency expenses and items such as communications�to:meinbers' ,�He,said the amount estimated by the Association was $4950 and did not include an administration fee for the Township. Mr. Kunz felt $450 on an annual basis for ,.W administration was too high and questioned if -his Association was being singled out for this expense when other SADs have not been charged. Trustee Kemp said, in his opinion, the Township should not set up aX SAD for less than $1000. He felt the small SADs for road chloride in particular were too costly to administer and were a waste of the Township's time and money. Discussion followed on whether 108 is a fair charge. ..OT Trustee Cueny said there should be some charge so the Township does not lose money but $1000 for a small project may not be a fair price. Clerk English suggested the Board take action to adopt a resolution adding SAD:expenses to the Township fee schedule using either a percentage basis or some other formula to be recommended by Supervisor and Treasurer. Trustee Cueny agreed. Trustee Skylis questioned if the maintenance to be done under the Sunset Hills SAD was an appropriate activity for the Township to be involved in, particularly maintaining private roads. He suggested the roads could•be brought up to County standards to become public roads. - CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES �` PUBLIC HEARING, MONDAY, MAY 17, 1993 MINUTES U Mr. Kunz did not feel the quality of County maintenance could match private contractors. Further discussion followed. Clerk English also commented that other taxpayers should not have to subsidize the cost of SADs. Mr. Kunz questioned if the Township administers other SADs at this time. Treasurer Hall explained that none of the other districts are this extensive. Trustee Cueny not opposed to proceeding with this SAD if the administration fee is included. Clerk English read letters from the following property owners regarding the Sunset Hills SAD: Leandrea and Michael Boyer, 1325 Elkhorn Lk., in favor Evert and Glenna Karjala, 1060 Elkhorn Lk., opposed Beverly Schwichtenberg, 09 -10- 329 -006, opposed James and Bernice Shepherd, 1045 Devon, opposed Michael and Peggy Harvey, 730 Pine Tree, opposed Francis and Cash Harvey, 1034 Elkhorn Lk., opposed A letter was also received from Jerry Moon, 1450 Kempster, regarding the number of signatures for SADs. Trustee Cueny commented that SADs mean special work for special groups in the Township and the Board will most likely decide to charge a fee for all districts. He explained that the fees listed on the Preliminary Cost Estimate will be the fees charged for the Sunset Hills SAD. Mr. Kunz suggested a more accurate study be made of the expense to the Township and that charge should be applied to all districts. Leon Harrison, 746 E. Silverbell, was opposed to using tax dollars to support the management of a Special Assessment District. Gary Thede, 1120 Crestmont, questioned if the Board would to collecting the fees and transferring the funds Association account to save administrative costs. be open to the The Township attorney explained the statute requires the Township I to make the collection and make provisions for non - payment. Mr. Thede was not opposed to paying some administrative costs but I he wanted the fee to be fairly applied to all SADs. Supervisor Brown asked who would be liable for damages under this SAD. Trustee Kemp said the Township accepts all liabilities of the SAD by law. Mr. Patterson said liability would also depend on who was negligent. Joe Fraga, 1270 Kempster, said he was in favor of the assessment district so that all the property owners pay their fair share of the cost of maintenance. He commented that presently only about 50% of residents pay voluntarily and the association is running out of funds. Jerry Meita, 1406 Kempster, was also in favor of the assessment district so that all property owners share the cost of maintenance. The Public Hearing was declared held at 8:30 p.m. Az�� - Marie E. iglsh, Clerk Charter Tow hip of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. TO CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* SPECIAL MEETING, WEDNESDAY, MAY 26, 1993 The Charter Township of Orion Board of Trustees held a Special Meeting, Wednesday, May 26, 1993, 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall ABSENT: Trustee Jim Skylis OTHERS: Sharon Smith Mark Vagi Trustee Allen Barnes Trustee Peter Kemp Trustee Burke Cueny Jill Bastian Jim Marleau Tom Berger The Special Meeting to review the 1993 budget was called to order at 7:10 p.m. by Supervisor Brown. Trustee Barnes explained that he had met with the Department Heads to get their input on any needed budget adjustments. The Board agreed to review the budget line by line and make adjustments as needed which were recorded by Bookkeeper Sharon Smith. The following adjustments 'will be considered for adoption at the June 7, 1993 Regular Meeting: GENERAL FUND REVENUES 101 -000- IS NOW TO BE 403 CURRENT PROPERTY TAX 615,000 622,000 424 EXCESS OF ROLL 80,000 .94,700 481 BUILDING PERMITS 240,000 300,000 484 SPECIAL USE PERMITS 200 400 512 - SOIL EROSION PERMITS 4,000 10,000 575 SINGLE BUSINESS TAX 20,000 25,000 664 INTEREST EARNED 80,000 40,000 664.1 INTEREST EARNED -TAXES 0 40,000 ----------------------------------------------------------------- After adjustments, total General Fund Revenues would be $2,260,700. -------------------------------------- --------------------- - - - - -- IS NOW TO BE EXPENDITURES: ' ASSESSING 101 -209- 703 SALARIES - NONSUPERVISORY 98,2001 103,400 715 SOCIAL SECURITY 10,850 11,350 TOTAL ASSESSING 214,830 220,530 The increase in 703 - Non- supervisory'salaries is based on a 40 hour work week and overtime for two employees in the Assessing Department. If the 40 hour week becomes permanent, 718 - Pension Expense would also increase. Supervisor Brown will look into the need for additional hours and report back at the June 7, 1993 meeting. GENERAL ACTIVITIES 101 -248- 804 PLANNING CONSULTANTS 10,000 15,000 977 CAPITAL OUTLAY - EQUIPMENT 30,000 20,000 TOTAL GENERAL ACTIVITIES 214,830 220,530 ?1 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES SPECIAL BUDGET MEETING, WEDNESDAY, MAY 26, 1993 Trustee Cueny was particularly concerned about 740 - Operating Supplies. Mrs. Smith explained that all equipment under $250 is included in this account as well as day to day supplies for the Township such as printer and copier supplies. There was discussion on raising the limit for capitalization to $500. There was also discussion setting a policy limiting the purchase of items such as colored paper under 727- Office Supplies. Supervisor Brown was concerned about 749 - Publications and Subscriptions. The Board agreed that the Supervisor will approve all future subscription renewals. There was also discussion on 911 -913 - Insurances. The coverages are to be reviewed in the near future by the Insurance Committee. TREASURER 101 -253- 956 DUES AND MISCELLANEOUS 425 431 TOTAL TREASURER 139,480 139,486 BUILDING AND GROUNDS 101 -265- 806 CONTRACTUAL HELP 9,000 12,000 934 GROUNDS MAINTENANCE 7,000 4,000 974 CAPITAL OUTLAY - GROUNDS 0 25,000 975 CAPITAL OUTLAY -BLDGS 0 1,300 A cost estimate was received from the Township Engineers for construction of the new soccer fields in the amount of $22,500.' The Board created a new line item 974 - Capital Outlay - Grounds for $25,000. There was concern by Board members that the construction would cost more than originally estimated. ' BUILDING DEPARTMENT 101-371 - There was also discussion on 805 - Village Inspection Fees under Building Department Expenditures. The Board was made aware that the Township is performing inspections for the Village of Lake Orion and also paying the Village 10% of all Village permits received. It was further noted by Clerk English that there has not been a contract with the Village regarding inspections since it expired in 1989. After lengthy discussion it was the consensus of the Board that, beginning with the month of May, Orion Township no longer pay the Village of Lake Orion 10% of Village permit fees until this matter is settled. The Board authorized Supervisor Brown to write a letter to the Village of Lake Orion regarding this matter. Mr. Berger will also make a written report to the Board. Mr. Berger also informed the Board that he needs equipment and additional office space for the new employee in his office. He asked that additional funds be added to his budget for this purpose. He was informed that this kind of capital outlay comes from General Activities. Mr. Berger will come to the Board with a proposal for office space in the lower level of the Building for the new Code Enforcement Officer COMMUNITY SERVICES 101 -975- ' Board members questioned contributions to community service organizations. Trustees Kemp and Cueny felt it was illegal to make such contributions. Discussion followed on eliminating community service contributions in the future and placing some of those items under the Parks and Recreation Department. After -- proposed - adjustments - total - General- Fund - Expenditures -will) be 2,436,469. 72 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES SPECIAL BUDGET MEETING, WEDNESDAY, MAY 26, 1993 FIRE FUND POLICE FUND REVENUES 207 -000- IS NOW TO BE REVENUES 206 -000- 615,000 576,700 403 CURRENT PROPERTY TAX 617,000 622,000 627 FIRE PROTECTION SERVICES 65,000 80,000 694 MISC. INCOME 250 1,000 POLICE FUND REVENUES 207 -000- 132,000 SINGLE BUSINESS TAX 403 CURRENT PROPERTY TAX 615,000 576,700 575 SINGLE BUSINESS TAX 15,000 20,000 696 TOTAL REVENUES 1,020,000 986,700 EXPENDITURES 207 -301- WATER CAPITAL CHARGES 160,000 870 PAYMENT TO VILLAGE 45,000 0 LIBRARY DEBT SERVICE FUND IS NOW TO BE REVENUES 371 -000- 403 CURRENT PROPERTY TAX 425,000 396,215 TOTAL REVENUES 426,000 397,215 GENERAL CAPITAL IMPROVEMENT FUND REVENUES 401 -000- 664, INTEREST EARNED 0 1,000 TOTAL REVENUES 0 1,000 SAFETY PATH FUND REVENUES 402 -000- 403 CURRENT PROPERTY TAX 128,000 132,000 SINGLE BUSINESS TAX 4,000 5,000 _575 664 INTEREST EARNED - 3,000 6,000 TOTAL REVENUES - -- .135,.000. 143,000 There was discussion on accounting for funds raised by the Safety Path millage. Jill Bastian, 913 Heights Rd., said it was her understanding that 5% of yearly revenue from-the Safety Path millage was to be put aside for maintenance. Bookkeeper Sharon Smith said she had not been informed of this fact and if this is the case, she should be placing 5% of Safety-Path-revenues each year into a restricted account. The Board agreed to have Ms. Smith look into this matter: Mr. Vagi will also be directed to make a report to the Board. HOST FEE FUND IS NOW TO BE REVENUES 517-000 - INTEREST EARNED 10,000 25,000 TOTAL REVENUES 370,000 385,000 WATER AND SEWER FUND REVENUES 592 -000- 455 LICENSES AND PERMITS 3,000 5,000 608 WATER TAP -INS 40,000 50,000 665 BANKRUPTCY INTEREST 0 500 696 SEWER CAPITAL CHARGES 200,000 220,000 696.1 WATER CAPITAL CHARGES 160,000 176,000 TOTAL REVENUES 3,896,660 3,945,160 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTE SPECIAL BUDGET MEETING, WEDNESDAY MAY 26, 1993 Clerk English commented that a policy on expenditures, a repor from the Parks and Recreation Director, and a report from th Supervisor regarding a 40 hour work week for the Assessin Department will be placed on the next Board meeting agenda. A report from the Building Official regarding Village inspections will be placed on the June 21 agenda. There was also discussion on setting a July budget review meeting. Moved by Kemp, supported by Hall to adjourn the meeting. AYES: ' All. NAYS: None. ABSENT: Skylis. MOTION'CARRIED 6 -0. The meeting adjourned at 10:30 p.m. A, Marie E. Eng sh, Clerk Charter Township of Orion --------------------------------- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* REGULAR MEETING, MONDAY, JUNE 7, 1993 The Charter Township of Orion Board of Trustees held a Regular Meeting, Monday, June 7, 1993 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall OTHERS: Mark Vagi Dennis Hart ' Frances Hart Jill Bastian Carl Cyrowski Ken Davis Connie Krajicek Thomas Berger Bonnie Stickney Jerry Green Tom Yaste Keith Mayer Ed Pynnonen Joel Husk Jack Carnahan Ronald Chevrier Sharon Lusk Don Lusk Tim Patterson Mark Perkoski Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis Marye Miller Darrel Cole John Rose Jim Milford E. McNabb A. Parker Moon Robert Warren Dale Pratt Lt. Mike McCabe Susan Galeczka 1 CALL TO ORDER I The meeting was called to order at 7:00 p.m. by Supervisor Brown. 2 PLEDGE AND INVOCATION The Pledge of Allegiance was led by Trustee Barnes and the Invocation was given by Reverend Mendelsohn of St. Mary's in the Hills Episcopal Church. 3. ROLL CALL ' Clerk English called the roll. All members were present. 4 APPROVAL OF MINUTES A. REGULAR MEETING, MAY 17, 1993. Moved by Kemp, supported by Cueny to approve the minutes of the Regular Meeting held Monday, May 17, 1993 as corrected (page 9, Section D, paragraph three should read "there will be no increase"). AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. 7A CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. MONDAY, JUNE 7, 1993 APPROVAL OF MINUTES cont... B. PUBLIC HEARING RE: SUNSET HILLS COMMONLY OWNED PROPERTIES SAD. Moved by Cueny, supported by Skylis to approve the minutes of the Public Hearing regarding Sunset Hills Commonly Owned Properties Maintenance SAD as corrected (miscellaneous clerical corrections page 2 and page 3). AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. , 5. APPROVAL OF BILLS A. WALDON /GIDDINGS /SILVERBELL PAVING PROJECT - GRAND TRUNK RR REVIEW FEES (letter* dated May 28, 1993 from Mark Perkoski, Orchard, Hiltz & McCliment) Moved by Barnes, supported by Kemp to authorize a purchase order in the amount of $2000 to Grand Trunk Western Railroad as advanced payment for preliminary engineering of the railroad crossing for the road paving and-safety path. AYES: Skylis, Cueny, Hall, Brown, English, Kemp, Barnes. NAYS: None. MOTION CARRIED-7-0. APPROVAL OF LISTED BILLS. Moved by Barnes, supported by Skylis to approve the bills for payment as listed in the amount of $70,540.17. AYES: Kemp, Skylis, Brown, Hall, Barnes, Cueny. NAYS: English. MOTION CARRIED 6 -1. Clerk English had several questions on the attorney bills which she will put in writing to the attorney. B. ORION SENIOR CENTER PARKING LOT PROJECT CHANGE ORDER (memo* dated June 2, 1993 from Supervisor Brown) Moved by Barnes, supported by Skylis to authorize'the- Supervisor to sign Change Order #2 to increase the , contract for the Senior Center parking lot paving-by $1300 for modifications to the dump enclosure. AYES: Hall, Brown, English, Skylis, Barnes. NAYS: Cueny, Kemp. MOTION CARRIED 5 -2. Trustee Kemp questioned the pricing and description of the work as listed on the change order. 6. BRIEF PUBLIC COMMENT Dennis Hart, 4424 Maybee Rd., said Maybee Road still has not been repaired properly in the area where the sewers were installed for Rolling Meadows. Ed Pynnonen, Pulte Homes, said an engineering plan should be ready in about two weeks and repairs can be started. Jill Bastian, 913 Heights Rd., concurred,with Mr. Hart. She also questioned if the Township is interviewing for a new assessor. Supervisor Brown said the position will be advertised in the assessor's association magazine in July. Mrs. Bastian also discussed her attempts to have the intersection of M -24 and Clarkston Rd. improved. She has been told by Lee Liston, RCOC, that this problem has been turned over to MOOT and it will be up to the OCSD to issue citations. Supervisor Brown has arranged for a cleanup of large items which have been dumped on gravel roads. He asked anyone knowing of items that need to be picked up to contact the Supervisor or Clerk. 75 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, JUNE 7. 1993 7. APPROVAL OF AGENDA Consent Agenda items listed under 8 -H will be considered individually as Items 9 -I, J, and K. Confirmation of budget adjustments from the Special Meeting will be added as Item 8 -H. Consideration of a 40 hour work week for two Assessing Department employees was added as Item 9 -L. The Township Attorney asked that Item F -1, text amendments to the Sign Ordinance be held over. He said this item should be readvertised. Moved by Kemp, supported by Cueny to approve the agenda as revised. AYES: 'Skylis, Brown, Hall, Barnes, Cueny, Kemp. NAYS: English. MOTION CARRIED 6 -1. 8. PENDING BUSINESS A. SENIOR CONCERNS. NUTRITION PROGRAM AGREEMENT (memo* dated June 2, 1993 from Supervisor Brown) Marye Miller, Director of the Older Persons' Commission, answered questions from the Board regarding the Nutrition Program Agreement *. She also submitted information* on the nutrition program at the Senior Center and for the homebound. Trustee Kemp felt the location of the program should be included in the agreement. Ms. Miller concurred. Moved by Kemp, supported by English to authorize the Supervisor to sign the Nutrition Agreement for program year October 1993 - September 1994 as amended. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. B. ASSESSING DEPARTMENT MATTERS. LOT SPLIT REQUEST - 2515 S. LAPEER RD. Carl Cyrowski, Realtor, answered questions from the Board regarding the proposed split on Lapeer Rd. for Hiram P. Holmes Trust. Moved by Cueny, supported by Hall to grant final lot split approval for 09 -23 -402 -003 with the east portion of the parcel being zoned R -1, Single Family Residential, and the west portion being zoned RB -2, Restricted Business 2. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. C. BUILDING DEPARTMENT MATTERS. 1. LOT COMBINATION LOTS 15 & 16, BLOCK 34, BUNNY RUN COUNTRY CLUB ANNEX, MILLER RD. Trustee Kemp felt that the lot being created with a 60' frontage was illegal. Moved by Hall, supported by Cueny to approve combining Lots 15 & 16, Block 34, Bunny Run Country Club Annex, Miller Rd., John Rose, Jr., petitioner. AYES: Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: Kemp. MOTION CARRIED 6 -1. 2. SET CONDEMNATION HEARING FOR 3427 INDIANWOOD RD. Moved by English, supported by Kemp to set a Condemnation Public Hearing for 3427 Indianwood Rd. for Monday, June 21, 1993 at 8:00 p.m. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. Tom Berger, Building Official, explained that the owner would be served with notice of the hearing. tr CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, JUNE 7. 1993 D. FIRE DEPARTMENT MATTERS. REQUEST TO PURCHASE EQUIPMENT. Moved by English, supported by Hall to approve purchase of equipment for the Fire Department through Oakland County Fire Chief's Association Cooperative Purchasing Program for 1993 as listed in the memo* dated May 28, 1993 from Fire Chief Jeff Key with an adjusted total of $5743.25. AYES: Skylis, English, Brown, Hall, Barnes. NAYS: Kemp, Cueny. MOTION CARRIED 5 -2. Trustee Kemp requested ' that the Fire Chief remove old equipment stored at the DPW Building. E. PARKS AND RECREATION MATTERS - SAFETY PATH COMMITTEE TERMS. Moved by English, supported by Barnes to reappoint Jim Hubbard, Diane Rogers, Harry Potvin and Jack Ward to serve on the Safety Path Committee through April 30, 1995 and to send letters of appreciation to Jerry Moon and Gary Coleman for their service to the Township. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. HEMINGWAY WOODS SAFETY PATH. At its meeting of May 13, 1993, the Safety Path Committee recommended that the developer of Hemingway Woods be asked to contribute the cost of the required safety path to the Safety Path Fund because a Township installed safety path already exists on Clarkston Rd. Discussion followed on whether $15,000 as shown on the site plan was a reasonable amount. Mark Perkoski, Orchard, Hiltz and McCliment commented that the average cost of safety paths in the Township has been $20 -$40 per lineal foot depending on the conditions in the area. Mark Vagi, Director of Parks and Recreation, will investigate whether this is a reasonable amount and report back to the Board at the next meeting. REQUEST TO PURCHASE MATERIALS FOR NEW SOCCER FIELDS (memo* from Mark Vagi, Director of Parks and Recreation, dated June 2, 1993) Moved by Cueny, supported by Barnes to approve $22,500 to complete the new soccer fields at the Township park on the condition that the figure could be lowered pending studies by Mr. Vagi and Larry Mullins. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. Supervisor Brown recommended placing an additional $500 in the Township budget for purchase of miscellaneous construction materials as recommended by Orchard, Hiltz and McCliment. Discussion followed. Mr. Vagi felt the project may be completed with the $22,500. F. ORDINANCE ADOPTION. MICHIGAN NATIONAL BANK. Clerk English read a memo* from the Orion Township Planning Commission dated May 12, 1993 recommending approval of PC -93 -4, Michigan National Bank rezoning request from GB -2 to RB -2 for I property on M -24 south of the Berger King Restaurant, Norman Akarakcian, petitioner. Moved by English, supported by Skylis to concur with the Planning Commission's recommendation and to approve the rezoning request for Michigan National Bank. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. 77 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, JUNE 7. 1993 G. PREVIOUS AGENDA ITEMS. 1. COMPUTER MAINTENANCE AGREEMENT (memo* dated June 2, 1993 from Supervisor Brown) Moved by Cueny, supported by Barnes to approve a three year computer maintenance contract with Bell Atlantic at a cost of $139.30 per month (to include all parts and labor, 24 hour service, 7 days per week for both the AS400 processor and tape backup unit). AYES: Cueny, Barnes, Hall, Brown, English, 0. 2. CDBG 3, 1993 referred informed contract program. Skylis, Kemp. NAYS: None. MOTION CARRIED 7- 3 YEAR COOPERATIVE AGREEMENT (memo* dated June from Supervisor Brown) This agreement was to the Attorney at the last Board meeting. He the Board that no changes may be made to the or the Township will not be part of the Moved by Hall, supported by Barnes to sign the CDBG 3 Year Cooperative Agreement. AYES: Skylis, English, Brown, Hall, Barnes. NAYS: Kemp, Cueny. MOTION CARRIED 5 -2. Trustee Cueny objected to the wording of the HUD agreement and to the Township participating in the program. Trustee Kemp also objected to the wording of the agreement. Tom Yaste, Straub and Associates, said he has made a rough sketch of what has been proposed and the next step would be authorization to proceed with building design and soil testing. He estimated that design and non - construction costs would be approximately $76,000 with a total cost of construction (including site work and a 4.6% contingency) of approximately $1,000,000. Discussion followed on meeting exit requirements, ADA requirements, and space requirements for each department. Mr. Yaste said he would meet with each department regarding individual requirements. Supervisor Brown said he would also gather information on square footage requirements and report back to the Board. The Board agreed they would like to have a written statement from Bob Bendzinski, Financial Advisor, on the method of funding. The Building Committee will also meet with Mr. White regarding the amount of rent which would be charged for the space. Clerk English said she would like to have something in writing with the details of what is being proposed. The -Township -Board -temporarily -recessed -from - 8_50_9_05- p_m_ - - - - -- I 3. REPORT FROM BUILDING COMMITTEE. Trustee Cueny submitted a report* dated May 21, 1993 regarding the recommendation of the Building Committee (Supervisor Brown, Dick White, Director of Water and Sewer, and Trustee Cueny with input from Tom Yaste, Straub and Associates). They are proposing an 8000 square foot, 2 story addition with an atrium and garage space. The addition would be funded by the Water and Sewer Fund. It would include space for the Sheriff's Department which would allow the old Township Hall to be sold. Space would also be available for the Fire Chief. Both of those departments would pay rent. Trustee Kemp questioned the need for an atrium. Tom Yaste, Straub and Associates, said he has made a rough sketch of what has been proposed and the next step would be authorization to proceed with building design and soil testing. He estimated that design and non - construction costs would be approximately $76,000 with a total cost of construction (including site work and a 4.6% contingency) of approximately $1,000,000. Discussion followed on meeting exit requirements, ADA requirements, and space requirements for each department. Mr. Yaste said he would meet with each department regarding individual requirements. Supervisor Brown said he would also gather information on square footage requirements and report back to the Board. The Board agreed they would like to have a written statement from Bob Bendzinski, Financial Advisor, on the method of funding. The Building Committee will also meet with Mr. White regarding the amount of rent which would be charged for the space. Clerk English said she would like to have something in writing with the details of what is being proposed. The -Township -Board -temporarily -recessed -from - 8_50_9_05- p_m_ - - - - -- I 78 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, JUNE 7, 1993 4. ELECTED OFFICIALS POLICY AMENDMENTS (memo* from Supervisor Brown dated June 2, 1993) A draft copy of the new Elected Officials Policy was presented. Clerk English disagreed with Item 4, Meal Allowance. She felt that $40 for three meals was too high. Treasurer Hall also felt that Item 5 regarding Liquor should be part of Item 4. Discussion followed on changing the language of Item 2 regarding health insurance coverage for Trustees. Treasurer Hall commented that the Benefits Ordinance would also have to be changed to coincide with any changes in the policy. Trustee Kemp felt that any health insurance changes should also be applied to other part time employees such as inspectors. Trustee Skylis wanted to see the final draft of the Elected Officials Policy including the language on health insurance before this matter was voted on. Trustee Barnes asked that the final draft of the Elected Officials Policy be brought back at the next meeting along with the Benefits- Ordinance changes. Trustee Cueny was prepared to -vote on the policy at this meeting. Moved by English to adopt the Elected Officials Policy as presented including the language eliminating Elected Officials longevity as .of January 1, 1994 and with the following changes - move.Item 5, Liquor, to be part of Item 4, Meal Allowance; lower meal allowance to amounts as added in 1988; and in Item 2 -B, Township Trustees, add language stating that Trustees have the option of receiving $100 per regular meeting and 50% paid health insurance premiums or 100% paid health insurance premiums in lieu of regular meeting fees effective January 1, 1994. MOTION DIED FOR LACK OF SUPPORT. Further discussion followed on lowering the meal allowance to $30 per day without designating a particular amount per meal. Moved by Barnes, supported by Cueny to accept the Elected Officials Policy as written with the addition of language regarding Trustee Health Insurance (Item 2- B, Township Trustees, add language stating that Trustees have the option of receiving $100 per regular meeting and 50% paid health insurance premiums or 100% paid health insurance premiums in lieu of regular meeting fees effective January 1, 1994) and moving Item 5, Liquor become part of Item 4, Meal Allowance. AYES: English, Brown, Barnes, Cueny. NAYS: Kemp, Skylis, Hall. MOTION CARRIED 4 -3. Clerk English stated amendments to the Benefits Ordinance will be presented for First Reading at the next meeting. I. CONFIRMATION OF BUDGET ADJUSTMENTS. Moved by English, supported by Cueny to approve the three pages of budget adjustments as attached to the memo* dated June 3, 1993 from Clerk English that resulted from the consensus at the May 26, 1993 Special Meeting. Treasurer Hall recommended that Interest Earned -Taxes (101- 000 - 664.1) under General Fund, Revenues, be lowered to $30,000. 1 79 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, JUNE 7, 1993 Budget Adjustments, cont... The motion was amended to read: Moved by English, supported by Cueny to approve the three pages of budget adjustments as attached to the memo* dated June 3, 1993 from Clerk English that resulted from the consensus at May 26, 1993 Special Meeting; and also, changing Inte- rest Earned -Taxes (General Fund Revenues - 101 - 000 - 664.1) to $30,000 which changes the Total Revenue figure to $2,250,700. AYES: Barnes, Hall, Brown, English, Skylis, Kemp, Cueny. NAYS: None. MOTION CARRIED 7 -0. Treasurer Hall also commented that pension figures would increase if a permanent forty hour work week was approved for the two employees in the Assessing Department. Discussion followed on placing a budget review session on the July 19 meeting agenda. 9 NEW BUSINESS A. SPECIAL ASSESSMENT DISTRICTS. A. HAYFIELD PRIVATE -TO- PUBLIC. Moved by English, supported by Hall to set a Public Hearing regarding the Bayfield Private -to- Public Special Assessment District for Monday, June 21, 1993 immediately following the 8:00 p.m. Condemnation Hearing for 3427 Indianwood Rd. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. 2. JUDAH ROAD CHLORIDE SAD. Moved by Cueny, supported by Kemp to set a Public Hearing regarding the Judah Road Chloride SAD for Tuesday, July 6, 1993 at 8:00 p.m. AYES: Barnes, Hall, Brown, English, Skylis, Kemp, Cueny. NAYS: None. MOTION CARRIED 7 -0. 3. HUSTON CHLORIDE SAD. Moved by Kemp, supported by Cueny to set a Public Hearing regarding the Huston Road Chloride SAD for Tuesday, July 6, 1993. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. Discussion followed on whether the Township participates in chloriding private roads. Treasurer Hall explained Hopefield on that it has been a long standing practice for the Township to participate in chloriding private roads. Hall, Information from MTA indicates this practice is illegal and the Board agreed to look into this matter for 1994. B. REQUEST TO CLOSE CORNITH DR. FOR ANNUAL BLOCK PARTY. Moved by Skylis, supported by English to approve the request* from Lakeview Recreational Association to close Cornith Dr. from Kinmount to Hopefield on Saturday, July 17, 1993 from 11:30 a.m. to 9:30 p.m. for their First Annual Block Party. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. C. PLAT APPROVALS. 1. LAKES OF INDIANWOOD FPP EXTENSION. Moved by Skylis, supported by English to concur with the Planning Commission and to approve a one year extension to July 8, 1994 for PC- 90 -54, Lakes of Indianwood Final Preliminary Plat, with the provision that the petitioner comply with any ordinance changes that are enacted in that period of time. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. 80 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, JUNE 7. 1993 2. MARINA POINTE FPP. Moved by Skylis, supported by Cueny to concur with the Planning Commission and, in view of the Township Engineer's and Planner's comments and their approvals and with the submission of minutes from previous meetings, to approve PC- 92 -37, Marina Pointe Final Preliminary Plat, Township date stamped May 27, 1993. Connie Krajicek, 1111 Leidich, read a letter* dated June 7, 1993 outlining her objections to approval of Final Preliminary Plat for Marina Pointe. Mrs. Krajicek's main objections were based on the plans for sewers and the legal description of the property. Ms. Krajicek commented that legal action may be taken if the Board votes to approve this FPP. Trustee Cueny withdrew his support of the motion until he has time to study the matter further. Moved by Cueny to hold this matter over to the next meeting until Dick White, Director of DPW, can answer questions from the Board regarding the sewers. Trustee Skylis concurred. Keith Mayer, Giffels- Webster Engineers, explained that the courts have ruled in favor of Pulte Homes regarding the legal description of the property. Mr. Mayer also stated that Pulte has addressed the concerns of the Township's Engineer and Planner and the Planning Commission on other matters including the sewers. He asked the Board to take action on this FPP so that construction may begin this season. Mark Perkoski, Orchard Hiltz and McCliment also commented that the concerns of the Planning Commission ' have been addressed. Treasurer Hall felt there would be other opportunities for the Board to review the plans if problems arise. The Township Attorney also commented that Mrs. Krajicek has recourse through the courts if her claims are correct. The motion before the Board was restated. VOTE: AYES: English, Brown, Hall, Barnes, Cueny, Skylis. NAYS: Kemp. MOTION CARRIED 6 -1. Trustee Kemp had grave concerns that two cul -de -sacs in the eastern portion of the development will become hazardous to the safety and welfare of the residents in an emergency. D. SMART MUNICIPAL CREDIT PROGRAM (memo* dated May 26, 1993 from Supervisor Brown) Moved by Kemp, supported by Skylis to authorize the Supervisor to file the necessary application form on behalf of the Township for the 1999 Municipal Credit Program with the following allocation: Purchase SMART tickets $ 2,616 , Purchase charter service 9,000 Senior Van 9,500 TOTAL $16,116 AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. Clerk English said she would like to see the Senior Van Driver job description changed. The driver was hired full -time and should be working all the time or the position should be made a part -time position. 81 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. MONDAY, JUNE 7. 1993 E. CONSIDER ISSUING LIQUOR LICENSE. There was discussion on proceeding with issuing the one liquor license that is available in Orion Township to Stan Aldridge for Canterbury Village. Clerk English explained that Mr. Aldridge must fill out an application as required by the ordinance along with a $600 nonrefundable fee. A resolution must be then adopted by the Board recommend- ing one applicant above all others. Clerk English will furnish a resolution for adoption at the next meeting. ' F. RESOLUTION RE: MIA /POW COMMEMORATIVE STAMP. Moved by English, supported by Skylis to adopt the following Resolution regarding an MIA /POW Commemorative stamp: RESOLUTION MIA /POW COMMEMORATIVE STAMP WHEREAS, countless forms with signatures have been submitted to the Postmaster General requesting that a United States POW -MIA commemorative stamp be issued; and WHEREAS, prisoners of war and servicemen missing in action gave of their lives to protect the freedom and lives of others; and WHEREAS, surely, if commemorative stamps can be issued in recognition of old films, it is even a greater priority to issue a commemorative stamp in recognition of our country's prisoners of war and missing in action. NOW THEREFORE, BE IT RESOLVED that the Board of the Charter Township of Orion does hereby strongly urge the Postmaster General to do everything possible to see that a United States POW -MIA Commemorative Stamp is ' issued in honor of those who were willing to make the supreme sacrifice for their country and to show their families that they are not forgotten. BE IT FURTHER RESOLVED, that a copy of the resolution be forwarded to the Postmaster General, the President of the United States, U.S. Senators, and Representatives, State Senators and Representatives and surrounding communities. AYES: Kemp, Skylis, English, Brown, Barnes, Cueny. NAYS: Hall. MOTION CARRIED 6 -1. Treasurer Hall disagreed with use of the word "surely" in paragraph three and felt this idea should be stated in a more positive manner. G. CABLE COMMISSION RESIGNATION. Moved by English, supported by Skylis to accept the resignation of Fred Hall from the Cable Commission with regrets and to authorize a letter be sent thanking him for service to the Township. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. Moved by English, supported by Skylis to authorize ' advertising in the Lake Orion Review for people to serve on the Cable Commission and have the interviews and /or appointment placed on the Monday, June 21, 1993 agenda. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. H. REQUEST TO AMEND FEE SCHEDULE - ORDINANCE #41. Moved by Kemp, supported by Cueny to propose amending Ordinance #41, Fee Schedule, with regard to special assessment district requests by adding a non - refundable filing fee of $50 and $1.00 per sidwell number in the proposed district. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY JUNE 7 1993 Resolution. cont... Clerk English stated this is a First Reading of the proposed amendments to Ordinance #41. The proposed amendments will be advertised for adoption at the next meeting. I. DNR PERMIT REQUEST - KEATS LN., KENNETH DAVIS, PETITIONER. Orion Township has been notified the Michigan DNR that an application (93 -14 -443) for a permit was received from Kenneth Davis to place approximately 250 cubic yards of fill into a wetland area contiguous to Voorheis Lake to bring the existing grade up to the adjacent property to install a boardwalk at 2858 Keats Ln.and to install a 34 foot long dock with a boat hoist for private use. Moved by Barnes, supported by Brown to request the DNR to hold a public hearing on this matter because the wetlands involved are on the lake and because of previous illegal filling in that area. Clerk English explained that the Michigan DNR has recently denied requests by the Township for public hearings giving the reason that they have received too many requests and no one attends the hearings that are held. She felt the DNR was being unresponsive to public concerns and she was willing to indicate to the DNR that the Township is opposed to issuing any further permits unless they will hold a hearing and /or explain their current procedures. Discussion followed on whether the DNR permit or Township Ordinance #55 take precedence in wetlands matters. The Board agreed these matters should be directed to the Building Department for local ordinance enforcement. There was discussion on holding hearings on these matters on a local level or having an administrative review at the Planning Commission level. Kenneth Davis, petitioner, explained this request is for property in a platted subdivision which was subject to review by the Planning Commission. He is attempting to make the property conform with the surrounding neighborhood and to reestablish a documented floodplain which has been disrupted by activity in the surrounding area. He offered photographs of the area. ----------------------------------------------------------------- Moved by English, supported by Kemp to extend the meeting one half hour until 11:00 p.m. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. ----------------------------------------------------------- - - - - -- Moved by Barnes, supported by Brown to request the DNR to hold a public hearing regarding the application from Kenneth Davis. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. Mr. Davis was also directed to make application to the Planning Commission. J. DNR PERMIT REQUEST - INDIAN LAKE RD., ANDY DENNY, APPLICANT. Orion Township has been notified by the Michigan DNR that an application (93 -14 -390) for a permit was received from Andy Denny to dredge approximately 278 cubic yards of material from a 75' x 50' x 2' deep area to be used for backfill behind a proposed 50 foot seawall at 424 Indian Lake Ct. Andy Denny, applicant, commented that this is a DNR matter only and does not come under Ordinance #55. 33 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. MONDAY, JUNE 7, 1993 A. Denny DNR Permit, cont... Moved by Skylis, supported the permit request for Mr. the Building Department applies. AYES: Cueny, NAYS: Barnes, English. English and Trustee Barnes be held on this matter. by Kemp to receive and file Denny and to direct him to to see if Ordinance #55 Hall, Brown, Skylis, Kemp. MOTION CARRIED 5 -2. Clerk felt a public hearing should ' MTA LEGISLATIVE CONFERENCE. Supervisor Brown asked that any one interested in attending the Michigan Townships Association Legislative Conference in August contact Julie Savard. L. 40 HOUR WORK WEEK FOR ASSESSING DEPARTMENT. Moved by Kemp, supported by Hall that a permanent 40 hour work week be established for Linda Geering and Penny Shults with their hours to be 7:30 a.m. until 4:30 p.m. AYES: Cueny, Barnes, Hall, Brown, Skylis, Kemp. NAYS: English. MOTION CARRIED 6 -1. Discussion followed on amending the pension figures in the budget. This matter will be discussed at the July budget review. Moved by Keiup, supported by Hall to adjourn the meeting. AYES: Brown, English, Hall, Barnes, Skylis, Kemp. NAYS: Cueny. MOTION CARRIED 6 -1. Trustee Cueny wanted to address Item 10 - Board Member Comments. The meeting was adjourned at 11:07 p.m. Marie E. En rish,,Clerk Charter Tow f Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* REGULAR MEETING, MONDAY, JUNE 21, 1993 The Charter Township of Orion Board of Trustees held a Regular Meeting, Monday, June 21, 1993 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. The Regular Meeting was preceded by a Closed Session which was held at 6:30 p.m. A Condemnation Public Hearing regarding 3427 Indianwood Rd. was advertised to begin at 8:00 p.m. A Public Hearing regarding the Bayfield Public -to- Private Road SAD was advertised to begin immediately after the Condemnation Public Hearing. OTHERS: Thomas Berger Wendy DiMartino Bonnie Stickney James Morical Steven Brumfeld Carol Binggeser Mary Ellen Emeigh Darrel W. Cole Mark Vagi Mark Perkoski Barb White Rev. DesHarnais Joanne Morical Dennis Hart Cindy Valuet -Mack BOARD MEMBERS PRESENT: Supervisor Doug Brown Trustee Allen Barnes Clerk Marie English Trustee Burke Cueny ' Treasurer Suzanne Hall Trustee Peter Kemp Trustee James Skylis OTHERS: Thomas Berger Wendy DiMartino Bonnie Stickney James Morical Steven Brumfeld Carol Binggeser Mary Ellen Emeigh Darrel W. Cole Mark Vagi Mark Perkoski Barb White Rev. DesHarnais Joanne Morical Dennis Hart Cindy Valuet -Mack 84 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, JUNE 21, 1993 OTHERS, cont... Carl Cyrowski Douglas Spratt Richard M. White Jim Milford Brian Pollard Tom Claycomb Jeanie Ponke Art Melton Jerry Moon Mark Stepek Susan Galeczka 1. CALL TO ORDER Sandy Dyl Cheryl Reichert Randy Lokatys Ken Dyl Earl English Al Bothwell Albert Moon Ron Chevrier B. J. Griffin Susan Moote Ann Christ Geri Gibbons Gloria Miller Bonnie Dwelle Renald Normandin Todd Carrothers Ben Smotherman Leon Harrison Doug Spratt Frank Kunz Don Moote The meeting was called to order at 6:37 p.m. by Supervisor Brown. Clerk English called the roll. All members were present except Trustee Skylis and Trustee Cueny. CLOSED SESSION - SBVE ASSOCIATES VS Moved by Barnes, supported by Kemp Session to discuss pending litigation Associates vs Orion Township. AYES: Brown, Hall, Barnes. NAYS: None. Cueny. MOTION CARRIED 5 -0. ORION TOWNSHIP. to go to Closed in the case SBVE Kemp, English, ABSENT: Skylis, The Township Board temporarily recessed at -6:39 p.m. to hold a Closed Session. Trustee Skylis arrived at 6:47 p.m. The Closed Session concluded at 6:53 p.m. and the Regular Meeting reconvened at 7:00. The Invocation was given by Fr. Des Harnais of St. Alfred's Episcopal Church. Trustee Cueny arrived at 7:03 p.m. 4. APPROVAL OF MINUTES Moved by Kemp, supported by Skylis to approve the minutes of the Special Meeting held Wednesday, May 26, 1993 as submitted. AYES: Barnes, Hall, Brown, English, Skylis, Kemp, Cueny. NAYS: None. MOTION CARRIED 7 -0. 5. APPROVAL OF BILLS Moved by Barnes, supported by Hall to approve the 'bills for payment as listed with a total of $28,442.16. AYES: Kemp, English, Brown, Hall, Barnes, Cueny. NAYS: Skylis. MOTION CARRIED 6 -1. Trustee Skylis objected to paying any further bills for Eric McCann, Attorney. 6. BRIEF PUBLIC COMMENT Dennis Hart, 4424 Maybee Rd., said that Maybee Rd. is still not repaired. He said he has been promised it would be repaired at the last five meetings. Mark Perkoski, Orchard, Hiltz and McCliment, said he has received information from a soil consultant regarding the cause of the problem. The information was needed so that repairs can be done properly. The developer has been waiting for a go -ahead from the engineers and work should begin soon. The Board asked that the engineer give a report on progress at the July 6, 1993 meeting. 85 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY JUNE 21 1993 PUBLIC COMMENT. cont... Bonnie Stickney, 731 E. Clarkston Rd., asked the Board to make information on the SBVE case available to the public before a vote is taken. She also asked the Board to contact the Road Commission and the Sheriff's Department regarding the dangerous conditions around a Drain Commission project on E. Clarkston Rd. Ms. Stickney also questioned if the Township has plans for disposing of yard waste when it can no longer be taken to the landfill. There was also brief discussion on landfill liners. 7 APPROVAL OF AGENDA Moved by English, supported by Kemp to approve the agenda with the deletion of Item 8D -1, Dispatch Services Agreement with Village of Lake Orion and Item 8F -1, Text Amendments to Ordinance No. 77, Signs, Section 4.f. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7- 0. A. TREASURER'S OFFICE. TOWNSHIP'S PARTICIPATION IN CHLORIDE PROGRAM FOR PRIVATE ROADS. Treasurer Hall handed out a list* of private roads which receive applications of chloride. Information from MTA indicates that it is illegal for the Township to participate in chloriding private roads. Discussion followed on informing residents that the Township will not contribute to the cost of ' chloride for private roads in 1994. B. BUILDING DEPARTMENT MATTERS. REQUEST TO PROCEED WITH CONDEMNATION OF 1692 NEWMAN RD. Tom Berger, Building Official, stated he has not received any indication of the intent of the owners of 1692 Newman in the last 49 days. He recommended that the Board proceed with the condemnation process. Moved by Cueny, supported by Barnes to proceed with the condemnation of 1692 Newman Rd. and to advertise for bids for demolition of the building. Discussion followed and the motion was amended to read: Moved by Cueny, supported by Skylis to proceed with the condemnation of 1692 Newman Rd. and to advertise for bids for demolition of this building with bids due by July 12, 1993 at 2:00 p.m. Doug Spratt, representing the owner, objected to the condemnation of the property. He said the inspector never had owner consent to inspect the property to determine whether it was vacant. He also said that on ' June 17, 1993 he filed a statement with the Township of his intent to take action on the property. Board members commented that the owner has not taken the actions required by the Board at past hearings. The motion before the Board was restated. VOTE: AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. 8CH'ARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. MONDAY, JUNE 21, 1993 C. DPW MATTERS. REQUEST TO RESURFACE NANCY G LANE. Richard White, Director of DPW, explained that the water and sewer main construction has been completed on Nancy G Lane. The road is in such bad condition that it would be more reasonable to completely resurface the road at this time rather than patching it now and completely resurfacing it later. Orchard Hiltz and McCliment estimates that the work will cost $16,000. Mr. White commented that the cost of paving would come from the Host Fee fund. Discussion followed. Moved by Kemp, supported by Cueny to authorize the DPW to resurface Nancy G Lane at this time in lieu of patching. AYES: Barnes, Hall, Brown, English, Cueny, Kemp. NAYS: None. ABSENT: Skylis (temporarily). MOTION CARRIED 6 -0. The Township Board temporarily recessed at 8:00 p.m. to hold a condemnation Public Hearing regarding 3427 Indianwood Rd. The Public Hearing was declared held and the Regular Meeting reconvened at 8:10 p.m. ----------------------------------------------------------- - - - - -- ACTION RE: 3427 INDIANWOOD RD. Moved by Cueny, supported by English to allow the owner of 3427 Indianwood Rd. until the July 19, 1993 Board Meeting to have the foundation in place, completely remove the debris, remove or grade the dirt piles to the Building Department's satisfaction and tear down and remove the garage. AYES: Kemp, Skylis, Barnes, Hall, Barnes, English, Cueny. NAYS: None. MOTION CARRIED 7 -0. The Township Board temporarily recessed at 8:15 p.m. to hold a Public Hearing regarding the Bayfield Private -to- Public SAD. The Regular Meeting reconvened at 8:45 p.m. ----------------------------------------------------------- - - - - -- BAYFIELD PRIVATE -TO- PUBLIC SAD. It was determined that approximately 5 owners out of 28 were in favor of the Special Assessment as proposed. No further action will be taken by the Board. ----------------------------------------------------------------- The Township Board temporarily recessed from 8:57 p.m. -9:13 p.m. ----------------------------------------------------------------- E. PARKS AND RECREATION 1. SAFETY PATH MATTERS. A. CONTRIBUTION FROM HEMINGWAY WOODS PROJECT TO SAFETY PATH FUND (memo* dated June 11, 1993 from Mark Vagi, Director of Parks and Recreation) Information has been received from Mark Perkoski, Orchard, Hiltz and McCliment, indicating the $15,000 cost estimate for this project is still reasonable. Moved by Cueny, supported by Skylis to authorize, Mark Vagi, Parks and Recreation Director, to contact the parties involved with Hemingway Woods indicating the Township Board agrees with a contribution of $15,000 to the Safety Path Fund in lieu of the proper party con- structing a required safety path in front of the deve- lopment. AYES: Kemp, English, Brown, Hall, Barnes, Skylis, Cueny. NAYS: None. MOTION CARRIED 7 -0. Mr. Vagi will investigate whether the former owners, A- Plex Management Corporation, John Gibbs, President, or Jaikins Investment are liable for the $15,000 payment. i 1 87 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, JUNE 21, 1993 B. PAINT CREEK RIDGE SIDEWALK REPAIR. (memo* dated June 15, 1993 from Mark Vagi, Director of Parks and Recreation) Mr. Vagi said he has been unable to determine who is responsible for the damage to the path. Per the Board's direction, quotes have been received for removal only of the damaged sidewalk which range from $1600 - $2900. Streamwood Development has offered to pay half the cost of removing and replacing the damaged sections of the Paint Creek Ridge sidewalk. They feel the job can be done for under $6000. Trustee Kemp felt the developer was fully responsible for repairing the path because the path was installed without direction from the Township. Moved by Barnes, supported by Hall that the Township share half the cost of the removal and replacement of damaged sections of the Paint Creek Ridge sidewalk up to $3000. Trustee Cueny questioned who is going to be responsible for overseeing safety path construction in the future. He asked that the motion be amended to include a written report on this project when the work is done. Mr. Vagi was directed to ensure the project is properly inspected. Further discussion followed on revisions to the Safety Path ordinance which will provide for inspections of private installations of safety paths and on the possibility of pursuing this matter in court. The motion before the Board was reread. VOTE: AYES: Cueny, Barnes, Hall, Brown. NAYS: Skylis, Kemp, 1 English. MOTION CARRIED 4 -3. 2. PARKS AND RECREATION ANNUAL STATUS REPORT. Mark Vagi summarized his annual report *. Moved by English, supported by Kemp to receive and file the Parks and Recreation Annual Status Report submitted by Mark Vagi, Director of Parks and Recreation. AYES: Barnes, Skylis, Hall, Cueny, Brown, Kemp, English. NAYS: None. MOTION CARRIED 7 -0. F. ORDINANCE ADOPTION - FIRST READING - AMENDMENTS TO ORDINANCE NO.100, OFFICER AND EMPLOYEE BENEFIT ORDINANCE. Amendments* to Ordinance No. 100, Officer and Employee Benefit Ordinance, were presented for First Reading. Trustee Skylis and Trustee Kemp referred to MCL 41.95 and questioned whether it is legal under state law to reduce an elected official's salary and /or benefits and /or compensation during their term of office unless their responsibilities are reduced and they agree in writing. It was the consensus of the Board to hold this matter until an opinion is received from the Township Attorney regarding what constitutes a salary and /or benefits and /or compensation and whether these amounts can be reduced during a term of office. ' Clerk English commented to the attorney that Trustees are paid a fee for attending meetings as well as a salary of $400 per quarter. She also noted clerical corrections in the draft ordinance as pointed out by Board members. G. PREVIOUS AGENDA Moved by Hall, elected official Annual Legislati Cedar, Michigan. English, Skylis, ITEMS - MTA LEGISLATIVE CONFERENCE. supported by Skylis to authorize any who is interested to attend the MTA ie Conference to be held August 4 -6 in AYES: Cueny, Barnes, Hall, Brown, Kemp. NAYS: None. MOTION CARRIED 7 -0. . of • • CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING MONDAY JUNE 21, 1993 H. CONSENT AGENDA REQUEST TO ATTEND SEMINAR. Moved by Skylis, supported by Cueny to authorize any interested Township Board member to attend the MTA "Current Issues in Road Management" seminar to be held July 27, 1993 in Lansing. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny —NAYS: — None-.--"MOT3- ON— CARRiED-7 0 -. A. REQUEST FROM SUNSET HILLS RESIDENTS RE: SAD (memo* dated June 15, 1993 from the Supervisor's office) Nine owners in Sunset Hills are willing to set up a Special Assessment District to pay $15,000 or 1/3 of the total cost, whichever is less, toward the cost of realigning the Clarkston Rd. /Sunset Hills Drive intersection. Cheryl Reichert, 850 E. Clarkston, summarized the discussion at a meeting held May 14, 1993 between the Sunset Hills residents, Supervisor Brown, representa- tives of the County including Larry Obrecht, represen- tatives from the schools, and the OCSD. It was decided that the road should be moved to cross private property and intersect with Clarkston Road further to the east. The project is estimated to cost between $40,000- $50,000 with $27,000 to move the road and approximately $20,000 to acquire an easement from the property owner. Mr. Obrecht indicated at the May 14 meeting that he would attempt to get 90% of the funding from Oakland County including the engineering drawings. Supervisor Brown said the Board might_ be willing to contribute 10% of the cost. Board members had concerns about-contributing to costs for a private road. The residents stated this is a safety issue and they feel the Township bears some responsibility for allowing the road to be built. There was also discussion on contacting Mr. DiNello, the developer, about bearing some of the cost. The residents will return to the Board after they have more information from - Commissioner Obrecht. B. RESIDENTS REQUEST TO . ADDRESS BOARD RE: FLINTRIDGE /MAYBEE SAFETY PATH. Barb White, 2338 Flint- ridge, and Wendy DiMartinb, 3423 Blasser, personally contacted 31 of 34 homeowners (3 were not home) on the route of the proposed safety path. 3 owners of the 31 were in favor of the safety path being built. She stated that residents did not receive notices of the public hearings in December and- have not had enough input into this project. She questioned how the resi- dents could start a petition to have the project can- celed or moved to the south side of the road where there is a partial existing path. One of the major ob- jections was that the 8 foot path which must be a mini- mum of 12 feet from the road will take up a large por- tion of the front yards on the north side of the road. Brian Pollard, 2484 Flintridge, objected to the project and stated he did not receive notice of the public hearing in December. Bill Maynard, 2354 Flintridge, objected to the Safety Path and said he would lose half of his driveway if it is put in. He was also concerned about the maintenance of the path in the winter. Mark Perkoski, Orchard Hiltz and McCliment, said they may be able to obtain variances to build a 5 foot path, 8 feet from the road. Mrs. White pointed out she would still lose privacy at that distance. 89 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, JUNE 21, 1993 FLINTRIDGE /MAYBEE SAFETY PATH. cont... Mark Vagi, Director of Parks and Recreation, said notices were sent in December and he knows personally that some residents did receive them because he received phone calls. He contacted the people on Flintridge when the engineering plans were received to set up informational meetings. The residents have also attended Safety Path Committee meetings but their concerns have not been resolved. - - -- Moved by English, supported by Skylis to extend the meeting until 11:00 P.M. AYES. Cueny, Barnes, Hall, grown, English, Ckyli5, Kemp. NAYS: None. MOTION CARRIED 7 -0. Steve Brumfield, 3446 Regency, also objected to the plans for the Safety Path on his property. Cindy Valuet -Mack, member of the Safety Path Committee, commented that this is an important connector for the safety path system and will make this area safer for the children in the area to walk to school. Carol Binggeser, PTO President at Carpenter School, commented that a safety path is needed because Flintridge is very dangerous for walkers. Residents will submit a petition showing the names of residents who object. ' fee were received on June 17, 1993 from Stan Aldridge for Kings Court Castle Incorporated located at 2336 Joslyn Ct. Supervisor Brown recommended that the Board proceed to set a public hearing on this matter. Treasurer Hall suggested postponing action on this matter because Mr. Aldridge may qualify for a resort license from the State of Michigan which would allow Orion Township to issue one additional license to one of the other businesses who have indicated interest. Moved by Cueny, supported by Skylis to set a Public Hearing for July 6, 1993 at 8:00 p.m. regarding the liquor license application for Kings Court Castle, Inc. C. DNR PERMIT REQUEST - MILL LAKE, KELLY MORGAN, PETITIONER. A notice ( #93- 19 -236W) was received that an application ' has been filed by Kelly Morgan to place approximately 5,000 cubic yards of fill material in .89 acres of wetlands, 4,950 cubic yards of fill material will be excavated from .75 acres of wetlands to create a 3000 S.F. pond and 50 cubic yards of road gravel and top soil will be hauled in, 1875 cubic yards of fill mate- rial will be used to construct the 25 foot wide by 580 foot long driveway and the remaining 3125 cubic yards will be used to construct two 80 by 100 foot buildable pads. This project is located on Mill Lake Rd. Moved by Barnes, supported by Hall to request the DNR to hold a public hearing on this matter. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. Clerk English commented that these matters are now being referred to the Building Department and the applicants are being notified that they will have to comply with all local ordinances. D. APPLICATION FOR LIQUOR LICENSE - KINGS COURT CASTLE INC. An application* for a liquor license and a $600 ' fee were received on June 17, 1993 from Stan Aldridge for Kings Court Castle Incorporated located at 2336 Joslyn Ct. Supervisor Brown recommended that the Board proceed to set a public hearing on this matter. Treasurer Hall suggested postponing action on this matter because Mr. Aldridge may qualify for a resort license from the State of Michigan which would allow Orion Township to issue one additional license to one of the other businesses who have indicated interest. Moved by Cueny, supported by Skylis to set a Public Hearing for July 6, 1993 at 8:00 p.m. regarding the liquor license application for Kings Court Castle, Inc. 90 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. MONDAY, JUNE 21, 1993 LIQUOR LICENSE APPLICATION cont... The motion was amended to read: Moved by Cueny, supported by Skylis to set a Public Hearing for July 19, 1993 at 8:00 p.m. regarding the liquor license application for Kings Court Castle, Inc. AYES: Kemp, Skylis, Brown, Cueny. NAYS: English, Hall, Barnes. MOTION CARRIED 4 -3. ADJOURNMENT. Moved by English, supported by Hall to , adjourn the meeting because the deadline of 11:00 p.m. has been reached. AYES: Kemp, Skylis, English, Barnes, Hall. NAYS: Barnes, Cueny. MOTION CARRIED 5 -2. Trustee Cueny asked that Board Member comments be moved up on the agenda at the next meeting. The meeting adjourned at 11:00 p.m. Marie E. Eng is h, Clerk Charter Tow ship of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* CONDEMNATION PUBLIC HEARING - 3427 INDIANWOOD RD. MONDAY, JUNE 21, 1993 ' The Charter Township of Orion Board of Trustees held a Condemnation Public Hearing regarding 3427 Indianwood Rd. on Monday, June 21, 1993 at 8 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESEN Supervisor Doug Brown Trustee Allen Barnes Clerk Marie English Trustee Burke Cueny Treasurer Suzanne Hall Trustee Peter Kemp Richard M. White Trustee James Skylis OTHERS Ed Salter Darrel Cole Mike Thorndycraft Lt. Mike McCabe Mike Goddard Myron Bordman R. Klein Gary Cane Joseph Scovone Leon Harrison Craig Smith Bonnie Stickney Richard M. White Mame Rusch Jill Bastian Larry Mullins Dee Gordon Joan Spratt Doug Spratt Linda Gentile Mary Ann Ryan Pauline Kopecek Frank Kopecek Geraldine Gibbons Ken Leahy Caroline Leahy Connie Krajicek Kevin Laidler Nancy DuFresne Tim Patterson Susan Galeczka Ann Christ Parker Moon Ron Chevrier Todd Carrothers B. Smotherman J. Ponke Al Bothwell ' The Condemnation Public Hearing was called to order at 8:00 by Supervisor Brown. Art Melton, sole owner of the property, said he applied for a building permit but then looked into placing a modular home on the site. He found that a modular would be more expensive than making the repairs so he will continue with the plans as submitted to the Township. He will be putting in the footings this week and will get the structure back on the foundation. He will also be putting an addition on the rear of the house. 91 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES CONDEMNATION PUBLIC HEARING, 3427 INDIANWOOD RD., JUNE 21, 1993 Tom Berger, Building Official, said this matter is before the Board because construction did not begin by April 22, 1993 as required. The property was fenced and posted as required by February 22, 1993 and Mr. Melton secured permits by the March 22, 1993 deadline. Mr. Berger said he has visited the site and was personally unaware of any action which has been taken prior to this hearing. Mr. Melton stated he began work over the weekend. Mr. Berger said, if that is the case, he wou Board set a deadline for the foundation work unsightly piles of dirt to be backfilled, and cleaned up. Also, the demolition and cleanup garage should be done. Mr. Berger felt that reasonable time to complete the work. Trustee Cueny asked Mr. up in two weeks. This his part. ld recommend the to be done, the debris and trash of the detached 30 days was a Melton if he could get the area cleaned] would be seen as a good faith effort on Mr. Melton felt he could get the work done in that amount of time. Trustee Barnes said that 30 days amount of time since the weather suggested Mr. Melton be given until would be a more reasonable has been unpredictable. He the July 19, 1993 meeting. No further comment was received and the hearing was declared held at 8:10 p.m. Marie Engli Clerk Charter To nship of Orion Transcription: Mary Jane Shields *On file in the Clerk's office. This meeting is on tape. -------------------------------- -------------------------------- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* PUBLIC HEARING - BAYFIELD PRIVATE -TO- PUBLIC ROAD SAD MONDAY, JUNE 21, 1993 The Charter Township of Orion Board of Trustees held a Public Hearing on Monday, June 21, 1993 immediately following the Condemnation Public Hearing regarding 3427 Indianwood which was scheduled to begin at 8:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall OTHERS: Ed Salter Lt. Mike McCabe R. Klein Leon Harrison Richard M. White Larry Mullins Doug Spratt Pauline Kopecek Ken Leahy Kevin Laidler Susan Galeczka Ann Christ J. Ponke Darrel Cole Mike Goddard Gary Cane Craig Smith Mame Rusch Dee Gordon Linda Gentile Frank Kopecek Caroline Leahy Nancy DuFresne Parker Moon Todd Carrothers Al Bothwell Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis Mike Thorndycraft Myron Bordman Joseph Scovone Bonnie Stickney Jill Bastian Joan Spratt Mary Ann Ryan Geraldine Gibbons Connie Krajicek Tim Patterson Ron Chevrier B. Smotherman W CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES PUBLIC HEARING, BAYFIELD PRIVATE -TO- PUBLIC SAD, JUNE 21, 1993 The Public Hearing was called t Brown explained the preliminary per parcel) including the administration costs, and legal Mark Perkoski, Orchard, Hiltz answer questions from residents. order at 8:12 p.m. Supervisor cost estimate is $58,852 ($1923 Engineer's estimate, Township costs for Circuit Court action. and McCliment, was present to Parker Moon, 1083 Bayfield, read a statement into the record. He asked for Township funds to make Bayfield passable. He offered pictures of the muddy conditions and flooding in the area. Discussion followed on the poor condition of the private roads in Bunny Run. In the past, Orion Township has contributed to the cost of improving roads. However, information has been received that it is illegal to use public funds for private roads. Supervisor Brown commented that the County may offer some package arrangement so that roads can be taken over. Trustee Skylis said that he had attempted tive from the County attend this meeting. like to see the County take over all of th Ron Chevrier, 1007 Bayfield, explained the going up each year and the few people afford to pay much longer. to have a representa- He also said he would e roads in Bunny Run. cost of maintenance is who contribute cannot Todd Carrothers, 1074 Bayfield, was opposed to going ahead with the SAD at this price. He said the residents currently pay individually for maintenance and only about 10% of residents contribute for chloride, grading, and snow removal and something needs to be done. He asked if the estimate could be reduced or if the residents could set up an SAD for maintenance only to be paid over a longer period. Mr. Perkoski said if the scope of work and the cost estimate is lowered it is possible that the County would not take over the road. He also commented that there are bad drainage problems in the area which might add to the preliminary estimate. Discussion followed. Al Bothwell, 1045 Bayfield, Ben Smotherman, 1126 Bayfield, and Jean Ponke, 1130 Bayfield, were opposed to the SAD. Tom -Claycomb, 1096 Bayfield, was also concerned about the high cost of the project. He was in favor of having a ten year assessment to improve the road. Discussion followed on setting up a ten year assessment. Treasurer Hall explained the Township would have to find money in the budget to cover the total cost. Trustee Cueny pointed out there will be a non - refundable administration cost of $78 if the SAD process continues. Township Attorney, Ann Christ, explained the special assessment would have to be paid in one year or the approximate time it would take to complete the project. The Board generally agreed that there was not enough support from residents to continue with the Sad as proposed for one year and it is not possible to spread the cost of improvements over a longer period to make it more affordable. Supervisor Brown closed the hearing at 8:45 p.m. �1 � f Marie Englis Clerk Charter Tow hip of Orion Transcription: Mary Jane Shields *On file in the Clerk's office. This meeting is on tape. 93 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* REGULAR MEETING, TUESDAY, JULY 6, 1993 The Charter Township of Orion Board of Trustees held a Regular Meeting, Tuesday, July 6, 1993 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. The Regular Meeting was preceded by a Special Meeting which was held at 6:30 p.m. A Public Hearing regarding Judah Road Special Assessment District for chloriding was advertised to begin at 8:00 P.M. A Public Hearing regarding Huston Road Special Assessment District for chloriding was held immediately following the Judah Rd. Public Hearing. BOARD MEMBERS PRESENT: Supervisor Doug Brown Treasurer Suzanne Hall Trustee Allen Barnes ABSENT: Clerk Marie English OTHERS: Susan Galeczka Ron Sogge Doug Bastian Wendy DiMartino Deborah Wilson B.J. Griffin John Lines Rose Maxon Eugene Tait Pamela Campbell Joel Aitus Frank Kunz 1. CALL TO ORDER Ann Christ Harry Potvin Jim Yearego Francis Hart Joseph Singer Tom Berger Mark Vagi James N. Hill Collette Tait Rex Trimm Jim Swoish Eugene McNabb Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis Tom Glover Wally Hostetter Barb White Mark Perkoski Jill Bastian Carl Cyrowski Richard M. White Sgt. Wm. Kucyk Henry Osterkamp Lon Livingston Terry Moran The meeting was called to order at 7:16 p.m. by Supervisor Brown. 2. PLEDGE AND INVOCATION The Pledge of Allegiance was led by Trustee Kemp and the Invocation was given by Dr. Hostetter of Faith Evangelical Church. The Secretary called the roll. All members were present except Clerk English. 4 APPROVAL OF MINUTES A. REGULAR MEETING - JUNE 7, 1993. Moved by Kemp, supported by Cueny to approve the minutes of the Regular Meeting held Monday, June 7, 1993 as submitted. AYES: Hall, Barnes, Skylis, Brown, Cueny, Kemp. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. B. REGULAR MEETING - JUNE 21, 1993. Moved by Cueny, supported by Hall to approve the minutes of the Regular ' Meeting held Monday, June 21, 1993 as submitted. AYES: Kemp, Skylis, Brown, Hall, Barnes, Cueny. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. C. CONDEMNATION PUBLIC HEARING Moved by Hall, supported by Kemp of the Condemnation Public H Indianwood Rd. as submitted. Skylis, Brown, Kemp, Hall. NAYS: MOTION CARRIED 6 -0. - 3427 INDIANWOOD RD. to approve the minutes caring regarding 3427 AYES: Cueny, Barnes, None. ABSENT: English. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, TUESDAY, JULY 6, 1993 MINUTES, cont... D. PUBLIC HEARING - BAYFIELD PRIVATE -TO- PUBLIC SAD. Moved by Barnes, supported by Hall to approve the minutes of the Bayfield Private -to- Public Special Assessment District Public Hearing held June 21, 1993 as submitted. AYES: Cueny, Barnes, Hall, Brown, Skylis, Kemp. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. 5. APPROVAL OF BILLS Moved by Kemp, supported by Barnes to approve the bills for payment as listed with a total of $33,331.51. AYES: Hall, Brown, Skylis, Barnes, Cueny, Kemp. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. 6. BRIEF PUBLIC COMMENT Doug Bastian, 913 Heights Rd., gave a report from the Recycling Committee. The Committee will be submitting language for a revised ordinance. Mr. Bastian then resigned from the Recycling Committee citing his frustration with the Board for not enforcing the cur- rent ordinance in regards to inspections and recycling. Trustee Barnes said Mr. Bastian has done a good fob on the Recycling Committee. He felt the revised ordinance language will address some of the enforcement problems and he wanted the matter placed on the next agenda. Trustee Cueny concurred. Barb White, 2238 Flintridge, submitted'petitions from Flintridge residents opposed to the Flintridge /Maybee Safety Path. She stated that 24 of the 34 owners are opposed to the contruction of the path as proposed. Randy McElwain, 2492 Flintridge, was opposed to the path as proposed although he supported the need for safety paths. He felt there would be more support if there had been better communication with residents during planning. Discussion followed. Wendy DiMartino, 3423 Blasser, said she was not-told-of plans for a safety path when she came to the Township Hall before she purchased her property. She was concerned about losing all the trees in her yard and asked if the path could be closer to the road. Trustee Kemp suggested she could appeal to the Oakland County Road Commission. ------------------------------------------------------------ Jill Bastian, 913 Heights Rd., informed the Board that trees are being cleared on the Foley property on E. Clarkston Rd. Trustee Cueny commented that he has submitted items to the Clerk's office by the agenda deadline but they have not appeared on the agenda. These items included a moratorium on new SADs until September 1993 and an up- date on the issue of the Deputy Clerk. He also explain- ed that Board Member comments have not been addressed at the last two meetings due to a lack of time. 7. APPROVAL OF AGENDA Moved by Barnes, supported by Kemp to move Item 10, Board Member Comments, to be addressed between Item 7, Approval of the Agenda, and Item 8, Pending Business. AYES: Skylis, Hall, Brown, Barnes, Cueny, Kemp. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. G CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. TUESDAY, JULY 6. 1993 APPROVAL OF AGENDA. cont... Moved by Kemp, supported by Cueny to approve the agenda as revised. AYES: Skylis, Brown, Hall, Barnes, Cueny, Kemp. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. 7.5 BOARD MEMBER COMMENTS 2. Answers to questions in writing from the Clerk to the Attorney regarding their bills. 3. Status of recruiting a new assessor. The advertisement for this position appeared in the July issue of the Michigan Assessor magazine and four applications have been received. 4. Report from Orchard Hiltz on Maybee Rd. repair. Supervisor Brown said the repair is complete. 5. Status of the GM appeal. 6. Setting up a Special Meeting with Bob Bendzinski about financing the building ' addition. Trustee Cueny reported the Building Committee has found less square footage may be needed for the addition than was anticipated. It may also be possible to use the Yamasaki plans to save money. The Committee will be discussing the letter from Bob Bendzinski regarding financing and a report will be made at the next meeting Moved by Skylis, supported by Barnes to move Board Members Comments to position 9A under New Business on future agendas. AYES: Hall, Barnes, Cueny, Brown, Skylis, Kemp. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. Treasurer Hall had questions on items from previous meetings including: JUDAH ROAD SPECIAL ASSESSMENT DISTRICT. Moved by Kemp, 1. Resolution of the issue of who will pay the $15,000 in lieu of the Hemingway Woods Safety Path. Mark Vagi, Director of Parks and Recreation, Township Attorney said the SAD could be dissolved by explained that he has not been able to contact the present owner of Hemingway Woods, Brian Mansour, Paragon Development, regarding the payment. Trustee Kemp suggested sending a certified letter. 2. Answers to questions in writing from the Clerk to the Attorney regarding their bills. 3. Status of recruiting a new assessor. The advertisement for this position appeared in the July issue of the Michigan Assessor magazine and four applications have been received. 4. Report from Orchard Hiltz on Maybee Rd. repair. Supervisor Brown said the repair is complete. 5. Status of the GM appeal. 6. Setting up a Special Meeting with Bob Bendzinski about financing the building ' addition. Trustee Cueny reported the Building Committee has found less square footage may be needed for the addition than was anticipated. It may also be possible to use the Yamasaki plans to save money. The Committee will be discussing the letter from Bob Bendzinski regarding financing and a report will be made at the next meeting Moved by Skylis, supported by Barnes to move Board Members Comments to position 9A under New Business on future agendas. AYES: Hall, Barnes, Cueny, Brown, Skylis, Kemp. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. ----------------------------------------------------------------- The Township Board temporarily recessed at 8:00 p.m. to hold a Public Hearing regarding the Judah Road Chloride SAD. The Regular Meeting resumed at 8:20 p.m. ----------------------------------------------------------------- JUDAH ROAD SPECIAL ASSESSMENT DISTRICT. Moved by Kemp, supported by Skylis to adopt the Resolution* to set up a Special Assessment District for Judah Road Chloriding and specify that it will be for a five year period. Discussion followed on whether the SAD could be dissolved if it was not needed for five years. The Township Attorney said the SAD could be dissolved by petition of the residents and a resolution of the Board before the five year period was over. VOTE: AYES: Hall, Barnes, Cueny, Brown, Skylis, Kemp. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. ----------------------------------------------------------------- The Township Board temporarily recessed at 8:25 p.m. to hold a Public Hearing regarding the Huston Road Chloride SAD. The Regular Meeting resumed at 8:35 p.m. MARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. TUESDAY, JULY 6, 1993 8. PENDING BUSINESS A. ATTORNEY MATTERS. ALMAS VS ORION. Township Attorney, Ann Christ, referred to a letter* from Greg Need dated July 2, 1993 informing the Board that a lawsuit has been filed by Ron Almas and W. Almas & Sons, Inc. against Orion Township, JoAnn Van Tassel, and Orchard, Hiltz & McCliment. The suit arises from the termination of Almas from a contract to install a watermain, sanitary , sewer and pump station on Nancy G, Silver Valley, and Silverbell Roads. The contract was terminated in October 1992. This matter has been referred to the insurance carrier for the Township for their defense of those counts that are included within the Township's insurance coverage. Richard White, Director of DPW, informed the Board that the Township has incurred substantial expense as a result of the Almas termination and suggested that the Township file a counter -claim against Almas for those costs. Moved by Cueny, supported by Kemp to authorize the legal staff, Richard White, and Orchard, Hiltz and McCliment to meet to draw up a proposed response to Almas vs Orion. AYES: Barnes, Brown, Hall, Skylis, Cueny, Kemp. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. Board members will be supplied with copies of the suit. B. BUILDING DEPARTMENT MATTERS. BUILDING INSPECTION SERVICE AGREEMENT. The Village of , Lake Orion (in a letter* dated July 2, 1993 from John Berchtold, Village Manager) has proposed extending the original Building Inspection Service Agreement* with the Township which expired in 1989. Tom Berger, Building Official, has reviewed the original contract and had concerns about the "hold harmless" language of Item #7 and fees that are provided in Items #2 and #6. Mr. Berger was directed to draft a new contract to be reviewed by the attorney and submitted to the Board at the next meeting. ----------------------------------------------------------------- The Township Board temporarily recessed from 8:58 -9:10 p.m. ----------------------------------------------------------- - - - - -- ITEM 9A - APPEAL OF MOBILE CONCRETE SPECIAL LAND USE DENIAL. Ron Sogge, Mobile Concrete, requested this ma held until the next meeting so that a full Board present. Moved by Kemp, supported by Cueny to Mobile Concrete's request to postpone their until the July 19, 1993 Board Meeting. AYES: Skylis, Barnes, Cueny, Brown, Kemp. NAYS: ABSENT: English. MOTION CARRIED 6 -0. C. CLERK'S OFFICE. 1. BUDGET ADJUSTMENTS tter be can be accept appeal Hall, None. , a. LIQUOR LAW ENFORCEMENT FUND. Orion Township currently budgets liquor license fees in the General Fund. It was noted by the Township Auditors that Liquor License Fees are required by law to have their own fund. Moved by Kemp, supported by Hall to adopt the following budget adjustment: 97 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. TUESDAY. JULY 6. 1993 LIQUOR LAW ENFORCEMENT FUND .cont ... 101 - 000 -460 from $6000 to -0- 212- 000 -460 from -0- to $6000 AYES: Cueny, Barnes, Brown, Skylis, Hall, Kemp. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. b. HOST FEE FUND - LIN'E ITEM FOR ATTORNEY FEES. Clerk English, in a memo* dated June 2, 1993, recommended that a new line Item (517 -526 -802) be created in the Host Fee Fund for attorney fees. Those fees are currently included in the Capital Outlay Account (517- 526 -976) and it is difficult to account for how much is being spent on attorney fees. The Board agreed to hold this item until the next meeting for clarification of the amount that should be budgeted and from where that amount will be taken. 2. ISSUANCE OF LICENSE UNDER ORDINANCE NO. 73, REGULATION OF SOLID WASTE HAULERS. (memo* dated July 1, 1993 from Clerk English) Applications for licenses have been received from BFI of North Metro and Washington Disposal Service in compliance with Ordinance No. 73. The vehicles have been inspected and approved through the Oakland County Sheriff's Department, the required fee of $50 per truck has been paid, and the certificates of insurance have been furnished. Clerk ' English recommended approval of the issuance of the 1993 -94 stickers to the trucks that have met all the licensing requirements under Ordinance No. 73. Discussion followed on the need to amend the ordinance to increase the penalties for non - compliance. Trustee Kemp suggested the companies be told in writing that they will be barred from doing business in the Township if they do not comply in 30 days. Trustee Barnes submitted proposed amendments to Ordinance No. 73 which will be sent by the Clerk's office to the Township Attorney, Lt. Mike McCabe, OCSD, and all Board members for review. Moved by Kemp, supported by Skylis to approve issuing 1993 -94 stickers only for the trucks that have met all provisions of the licensing requirements under Ordinance No. 73. AYES: Barnes, Hall, Skylis, Brown, Cueny, Kemp. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. Trustee Kemp suggested that trucks which have to be reinspected be sent to the State weigh station at their own expense. Treasurer Hall questioned whether Waterford Recycling, the company that picks up Township trash, is licensed under the ordinance. Discussion followed on the need to enforce the recycling provisions of the ordinance. D. FIRE DEPARTMENT MATTERS. DISPATCH AGREEMENT WITH VILLAGE OF LAKE ORION. An agreement* for dispatch services has been proposed by the Village of Lake Orion. Chief Key has reviewed the June 17, 1993 response from the Village of Lake Orion and he feels the Village's remaining objections can be resolved through discussion and compromise. Trustee Barnes and Trustee Cueny said they have looked into the possibility 98 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, TUESDAY JULY 6 1993 DISPATCH AGREEMENT WITH VILLAGE cont... of having Oakland Dispatch the Township. They found provide better service at agreed to have Trustees Bar with Chief Key to discuss Cueny objected to extending the end of the year. Center handle dispatch for that Oakland County may a lower price. The Board nes, Cueny, and Skylis meet their findings. Trustee the Village contract past E. PARKS AND RECREATION MATTERS. from Supervisor Brown) ' APPOINTMENT TO SAFETY PATH COMMITTEE. Moved by Skylis, supported by Cueny to appoint Cheri Hickey and Jim of written objections is Marleau to the Safety Path Committee with terms to end Kempster, asked to see the April 30, 1996. AYES: Kemp, Brown, Hall, Barnes, Cueny, Skylis. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. F. SUPERVISOR'S OFFICE. 1. TRI -PARTY PROJECTS - CONKLIN PAV1NC Wi.MO 44HAA June 29, 1993 from-Supervisor Brown) The preliminary cost estimate for paving Conklin Rd. is $204,000 with the Township share of the cost being $68,000. Orion Township's share of 1993 Tri -Party Project allocations is $27,641 leaving a shortage of approximately $43,700 after W. Pine Tree and Schorn are graveled at a cost of $3300. Supervisor Brown explained that the Township could commit future funds-to the project if they wished to continue.. Discussion followed on whether the Board had made a commitment to the Conklin residents. Trustee Cueny said he would review the meeting tape. Discussion I followed on holding the balance of available funds at this time. Moved by Cueny, supported by Hall not to pave Conklin this year. AYES: Kemp, Skylis, Brown, Hall, Barnes, Cueny. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. 2. SPECIAL ASSESSMENT DISTRICTS. a. RIDGE RD. PRIVATE -TO- PUBLIC SAD (memo* dated June 29, 1993 from Supervisor Brown) Trustee Skylis asked to be given copies of petitions when SADs are being considered. Moved by Cueny, supported by Hall to adopt the Resolution* scheduling the first Public Hearing regarding the Ridge Road Private -to- Public Special Assessment District for August 2, 1993 at 8:00 p.m. AYES: Skylis, Brown, Barnes, Hall. NAYS: Kemp, Cueny. ABSENT: English. MOTION CARRIED 4 -2. Trustee Cueny was opposed to setting up any new SADs at this time. b. SQUARE LAKE LEVEL SAD. (memo* dated June 29, 1993 from Supervisor Brown) The Township Engineers have determined that 12% of the total land mass objected in writing to the formation of the SAD. Because the level of written objections is less than 20`k, the process may continue. Frank Kunz, 1220 Kempster, asked to see the breakdown of the $5100 set -up fees before the Public Hearing. Moved by Barnes, supported by Cueny to adopt the resolu tion scheduling a Public Hearing regarding Square Lake Level Special Assessment District for August 16, 1993 at 8:00 p.m. AYES: Skylis, Hall, Cueny, Brown, Barnes, NAYS: Kemp. ABSENT: English. MOTION CARRIED 5 -1. 99. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, TUESDAY JULY 6 1993 C. SUNSET HILLS & SUNSET HILLS #1 SAD.(memo* dated June 19, 1993 from Supervisor Brown) The cost estimate for this SAD has been increased because the Township will no longer pay for chloride on private roads. Another public hearing must be held on the revised estimate. Moved by Cueny, supported by Barnes to adopt the resolution* scheduling a public hearing regarding the Sunset Hills and Sunset Hills #1 Commonly Owned Properties Maintenance Special Assessment District for Tuesday, September 7, 1993 at 8:00 p.m. Trustee Kemp objected to this SAD because the Township should not be involved in the management of private roads. Treasurer Hall was concerned because the residents want to manage the details of the SAD. AYES: Brown, Barnes, Skylis, Cueny. NAYS: Hall, Kemp. ABSENT: English. MOTION CARRIED 9 -2. G. ORDINANCE ADOPTION. 1. FIRST READING - TEXT AMENDMENTS TO ORDINANCE NO. 78, REC -2 DISTRICT (memo* dated June 29, 1993 from the Planning Commission) Supervisor Brown announced this is a First Reading of PC -92 -29 - Text Amendment to Ordinance No. 78, Rec -2 District - regarding Willow Creek Recreation Center. The amendment would allow seasonally used, air support buildings as a nonpermanent cover for a Principal Use Permitted, subject to conditions. This matter will be advertised for adoption at the July 19, 1993 meeting. Trustee Barnes felt these requests were more properly handled on an individual basis by the Planning Commission and Zoning Board of Appeals possibly through a yearly review. Discussion followed. ----------------------------------------------------------------- Moved by Kemp, supported by Skylis to extend the meeting 30 minutes - no longer than 11:00 p.m. AYES: Barnes, Hall, Brown, Skylis, Kemp. NAYS: Cueny. ABSENT: English. MOTION CARRIED 5 -1. ----------------------------------------- ------------------ - - - - -- 2. FIRST READING - TEXT AMENDMENTS TO ORDINANCE NO. 97, SAFETY PATH REGULATION (memo* dated June 23, 1993 from the Orion Township Planning Commission) Supervisor Brown announced this is a First Reading of PC -93 -5, Text Amendments to Ordinance No. 97, Safety Path Regulation. The proposed amendments deal with definitions, the safety path plan preparation and adoption, plan implementation outlining the developer's responsibilities, safety path construction standards, maintenance, signage, and enforcement and penalties. This item will be advertised for adoption at the July 19, 1993 meeting. H. PREVIOUS AGENDA ITEMS. 1. REPORT FROM ENGINEERS RE: MAYBEE RD. Mark Perkoski, Orchard, Hiltz and McCliment, reported the repairs on Maybee Rd. were completed on June 26, 1993. 2. CHANGE MILEAGE RATE FOR TOWNSHIP EMPLOYEES. Supervisor Brown recommended the Board authorize reimbursing Township employees for mileage at the rate authorized by the IRS for the previous year when the budget is adopted. Trustee Kemp questioned if the Township Employee Policy needed to be amended to coincide with this new rate. He said he was not prepared to act on this matter without that document. 1100 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, TUESDAY, JULY 6. 1993 CHANGE MILEAGE RATE FOR TOWNSHIP EMPLOYEES, cont... Moved by Kemp, supported by Cueny to hold this matter over until the Township Employee Policy has been presented for review. AYES: Barnes, Hall, Skylis, Kemp, Cueny. NAYS: Brown. ABSENT: English. MOTION CARRIED 5 -1. 3. APPOINTMENTS TO CONSTRUCTION BOARD OF Moved by Cueny, supported by Skylis to appoint Davidson to a term ending June 30, 1998 and Gentile to a term ending June 30, 1996 Construction Board of Appeals. AYES: Hall, Kemp, Brown, Skylis, Cueny. NAYS: None. English. MOTION CARRIED 6 -0. APPEALS. Richard ' Philip on the Barnes, ABSENT: APPOINTMENTS TO ENVIRONMENTAL REVIEW BOARD. Moved by Skylis, supported by Kemp to reappoint Jim Qualls to the Environmental Review Board with a term ending June 30, 1996. AYES: Cueny, Barnes, Hall, Brown, Kemp, Skylis. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. 9. NEW BUSINESS B. CABLE COMMISSION APPOINTMENT. Moved by Cueny, suppor- ted by Skylis to appoint Michael McCardell as the Town- ship representative to the Orion Community Cable Commu- nications Commission and to thank Gregory Kudela for his interest in the appointment and to keep in touch with Mr. Kudela regarding future vacancies on the Com- mission. AYES: Hall, Brown, Barnes, Kemp, Skylis, Cueny NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. C. PLANNING COMMISSION , 1. HEATHER LAKE MEADOWS #4 FPP EXTENSION AND HEATHER LAKE MEADOWS #5 FPP EXTENSION. Supervisor Brown referred to a memo* dated June 24, 1993 from the Orion Township Planning Commission recommending approval of extension of FPP for PC- 86 -11, Heather Lake Meadows #4, and PC- 87 -20, Heather Lake Meadows #5. Moved by Cueny, supported by Skylis to concur with the Planning Commission and to extend Final Preliminary Plat for PC- 86 -11, Heather Lake Meadows #4 and PC -87- 20, Heather Lake Meadows #5 to July 18, 1994 with the agreement that they will come up to date with all ordinance changes. Trustee Kemp pointed out that these preliminary plats have been in process since 1986 and 1987. He felt final preliminary plats should be limited to ten years if construction is not completed. VOTE: AYES: Barnes, Hall, Brown, Cueny, Kemp, Skylis. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. 2. NORTHPOINTE INDUSTRIAL PARK TPP. Supervisor Brown ' referred to a memo* dated June 24 1993 from the Orion Township Planning Commission recommending approval of PC -93 -17 regarding Northpointe Industrial Park Tentative Preliminary Plat. Moved by Kemp, supported by Skylis to concur with the Planning Commission and to approve PC- 93 -17, North - pointe Industrial Park TPP, Township date stamped May 25, 1993, with the condition that the petitioner seed everything to the north and east of the drainage divide and do any necessary clean up and repair to the safety path. AYES: Cueny, Barnes, Hall, Brown, Skylis, Kemp. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. 101 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES I REGULAR MEETING. TUESDAY, JULY 6, 1993 D. RESIGNATION FROM THE ORION TOWNSHIP /PONTIAC TOWNSHIP SANITARY AUTHORITY AND CDBG COMMITTEE (memo* dated June 29, 1993 from Treasurer Hall) Moved by Barnes, supported by Cueny to accept the resignation of Treasurer Hall from the Orion Township /Pontiac Township Sanitary Authority (Auburn Hills /Orion Landfill) and the CDBG Committee and to thank her for her service during her term. AYES: Kemp, Skylis Brown, Hall, Barnes, Cueny. NAYS: None. ABSENT: English. MOTION ' CARRIED 6 -0. APPOINTMENT TO ORION AUTHORITY. Moved appoint Al Barnes Township Sanitary Landfill). AYES: NAYS: Barnes. ABSE TOWNSHIP /PONTIAC TOWNSHIP SANITARY by Kemp, supported by Cueny to to the Orion Township /Pontiac Authority (Auburn Hills /Orion Skylis, Brown, Hall, Cueny, Kemp. VT: English. MOTION CARRIED 5 -1. APPOINTMENT TO CDBG COMMITTEE. Moved by Kemp, supported by Cueny to appoint Jim Skylis to the Community Development Block Grant Committee. AYES: Hall, Barnes, Brown, Cueny, Kemp. NAYS: Skylis. ABSENT: ENGLISH. MOTION CARRIED 5 -1. E. CLINTON RIVER WATERSHED COUNCIL MEMBERSHIP RENEWAL. Moved by Skylis, supported to Kemp to renew Orion Township's membership in the Clinton River Watershed Council for 1993 and to approve paying dues of $1681.52. AYES: Barnes, Hall, Brown, Skylis, Kemp. NAYS: Cueny. ABSENT: English. MOTION CARRIED. 5 -1. Trustee Cueny objected to membership based on the cost of the membership and the way the Council is administered. ' F. INSURANCE COMMITTEE REPORT. This item will be addressed at the next meeting. G. DNR PERMIT REQUEST UPDATE. Board members were supplied with updates on recent DNR permit applications. 12. ADJOURNMENT Moved by Skylis, supported by Kemp to adjourn the meeting. AYES: All. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. The meeting adjourned at 11:03 p.m. Marie E. English, Clerk Charter Township of Orion Transcription: Mary Jane Shields This meeting is on tape/ *On file in the Clerk's office. ---------------------------------------- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* SPECIAL MEETING, TUESDAY, JULY 6, 1993 PROPOSAL TO SELL WATER TO VILLAGE OF LAKE ORION The Charter Township of Orion Board of Trustees held a Special Meeting, Tuesday, July 6, 1993 at 6:30 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis 1'AttTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES SPECIAL MEETING RE: VILLAGE WATER, TUESDAY, JULY 6, 1993 OTHERS: Susan Galeczka Ron Sogge Doug Bastian Wondy DIMArtino Deborah Wilson B.J. Griffin John Lines Rose Maxon Eugene Tait Pamela Campbell Joel Aitus Frank Kunz 1. CALL TO ORDER Ann Christ Harry Potvin Jim Yearego Fraricic Hart Joseph Singer Tom Berger Mark Vagi James N. Hill Collette Tait Rex Trimm Jim Swoish Eugene McNabb Tom Glover Wally Hostetter Barb White Mark Perkoski Jill Bastian Carl Cyrowski Richard M. White Sgt. Wm. Kucyk Henry Osterkamp Lon Livingston Terry Moran The meeting was called to order at 6:35 p.m. by Supervisor Brown. Clerk English called the roll. All members were present. The Special Meeting was held to discuss a proposal* from the Township Water Committee made up of Supervisor Brown, Trustee Skylis, and Richard White, Director of DPW, for selling water to the Village of Lake Orion. This proposal is in answer to a counter proposal* from the Village of Lake Orion dated May 24, 1993 which was based on the Township's original proposal* dated June 16, 1992. Mr. White explained the major changes are in Item #1 regarding rates and Item #6 regarding the Village retaining current Township customers. In Item 41, the Village proposed the Township mark up what we pay the City of Detroit for water by 5% and sell water to the Village at that charge. The Committee is recommending we sell the Vil- lage water at a 5% mark down from what we sell water to Township customers. The base price we presently sell water at is $10.70 per 1000 cubic feet (7500 gallons). The Committee's proposal would sell water to the Village for $10.16 per 1000 cubic feet. Trustee Kemp felt this was a very generous proposal on the Township's part for two reasons. He explained the Township incurred expenses for putting in a large main around the Village because of the Village's lack of action on this matter. The Township also needs income to pay for expansion of the Township facilities and this could be a source of that income. Mr. White explained the loop would have been put in around the Village anyway to maintain separate systems. The 5% mark down would account for less operation and maintenance for Village customers. Mr. White also said the rates charged would be over and above the $60,630 annually for 20 years which would be charged to the Village for its proportionate share of the water line from the Detroit system to Orion Township. He said the Village has indicated they would like to pay this money up front at a reduced rate ($900,000) if their July 12 bond issue is approved by voters. Trustee Kemp asked if the Village might decide to purchase services and maintenance from the Township and do away with their DPW. Mr. White said the Township has indicated it is not interested in maintaining the Village system. Trustee Cueny supported a rate increase to the Village of up to 50% because the Village did not respond to the Township proposal by June 30 as requested by the Township Board. He felt the Special Meeting was premature and no action should be taken until after the July 12 Village election. 1 J 103 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES SPECIAL MEETING RE: VILLAGE WATER, TUESDAY JULY 6, 1993 Supervisor Brown commented that the Village residents Township residents and a large increase would not particularly to senior citizens. are also I be fair Trustee Barnes questioned how the Township could justify selling water at a reduced rate to a select group of residents. Mr. White explained the Township now marks up the rate charged by the City of Detroit by 19 %. We propose to sell water to the Village at a rate which would be a 14% mark up over Detroit rates. The Village would then increase the rate to its residents to cover costs (approximately $43.60 for 18,000 gallons). Township residents now served by the Village would be retained by the Village but would be charged the same rate as Village residents. Trustee Skylis said the Township Water Committee and the Village feel this is a fair agreement. The Village is under pressure from the EPA and the State regarding water quality and has a choice of upgrading its own system which would be cost prohibitive or buying water from the Township. Mr. White concurred and said the Village will have to raise rates to get revenue to improve the system if the bond issue does not pass. Trustee Skylis said the Village is also holding a hearing on this matter and the Village and Township should cooperate so that everyone can make a decision based on the same information. Trustee Kemp asked if the cost of the 16" main on M -24 was included in the $1.2 million to be paid by the Village. Mr. White said he has an engineer's estimate that shows the Village share of the cost to increase from a 12" to 16" main on the east side of M -24 would be $429,000. Trustee Kemp also asked White said the Village meter pits on each end take them over and be Mr. White also commente the Detroit system. who would monitor the flow of would pay for installation of of the Village. The Township in charge of operation and 9 that Village fire hydrants water. Mr. meters and would then maintenance. would be on There was brief discussion on Item 6. Trustee Barnes felt Township residents on the Village system should be charged the same rate as other Township residents. Trustee Cueny concurred. Mr. White commented that about 1/4 of the customers on the Village system are Township customers. He said there would have to be a different rate structure for those customers because they have not paid capital charges. Trustee Cueny felt Township residents on the village system should be responsible for a share of the long term debt but should also pay the same rate for water as other Township residents. Mr. White said he supports the agreement as proposed. Treasurer Hall referred to the last paragraph ( #9) of the Township counter proposal regarding conditions from Detroit Water & Sewerage contained in a letter dated March 28, 1990 to Richard White from Frederick R. Janeczko. She said this item was not addressed in the Village proposal. Mr. White said this is standard language which would have to be included in any contract as required by the City of Detroit. Moved by English, supported by Cueny to adjourn the Special Meeting. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. The meeting was adjourned at 7:16 p.m. Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. Marie E. Eng sh, Clerk Charter Town hip of Orion 104 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* PUBLIC HEARING - JUDAH ROAD CHLORIDE SAD TUESDAY, JULY 6, 1993 The Charter Township of Orion Board of Trustees held a Public Hearing regarding the Judah Road Chloride special Assessment District o" Tuesday, July 6, 1993 at 8:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Treasurer Suzanne Hall Trustee Peter Kemp ABSENT: Clerk Marie English OTHERS: Susan Galeczka Tom Sogge Doug Bastian Wendy DiMartino Deborah Wilson H.J. Griffin John Lines Rose Maxon Eugene Tait Pamela Campbell Joel Aitus Frank Kunz Ann Christ Harry Potvin Jim Yearego Francis Hart Joseph Singer Tom Berger Mark Vagi James N. Hill Collette Tait Rex Trimm Jim Swoish Eugene McNabb Trustee Allen Barnes Trustee Burke Cueny Trustee James Skylis Tom Glover Wally Hostetter Barb White Mark Perkoski Jill 'Bastian Carl Cyrowski Richard M. White Sgt. Wm. Kucyk Henry Osterkamp Lon Livingston Terry Moran The Public Hearing was called to order at 8:00 p.m. The preliminary cost estimate for Judah Rd. is $1742 including the cost of chloride and $611 for Township administration in the first year. The SAD is being proposed for a period of 1 -5 years with an annual redetermination of the cost. Frances Hart, 3071 Judah Rd., said residents feel the Township should pay the full cost of chloride and approximately 38 residents are opposed to the SAD if tax bills will increase. He also asked if the Township will continue to pay part of the cost of chloride if the SAD is approved. Treasurer Hall said Judah is a public road and the Township will continue to contribute 1/2 of the cost. Mr. Hart also asked if the County will continue to contribute. Treasurer Hall explained that some residents contract with Oakland County to apply chloride to their roads but the County does not participate in the cost. Mr. Hart said only 1/2 of the 74 owners on Judah Road currently contribute to the cost of chloride. He also said the dust and traffic congestion are particularly bad on Judah Rd. at this time because people are using Judah to avoid the contruction at Baldwin and I -75. Discussion followed on the cost of the SAD. The Board explained the Township will pay 1/2 of the cost of chloride but there is a $611 administrative cost the first year which is paid by the residents. Bob Warren, 2985 Judah Rd., was in favor of owners signed the petition for the SAD. collects from some residents for chloride an difference of $100 -$150 per year. He felt more fair way for all owners to share in the Dennis Dombrowski, 3210 Judah Rd., said determined based on the number of feet of the number of lots. the SAD. He said 34 Currently, Mr. Hart 9 Mr. Warren pays the the SAD would be a cost. the cost should be frontage rather than Terry Moran, 2740 Judah Rd., was in favor of the SAD because it would be fair to everyone. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES 10 5 I PUBLIC HEARING, TUESDAY, JULY 6, 1993 Gene Tait, 3116 Judah Rd., was in favor of the SAD although he I felt the cost of chloride could be paid entirely by the Township because there was a recent increase in taxes. James Swiosh, 2791 Judah, said he has paid $25 per year to have I the road chlorided because it is a necessity in the summer. A letter was received from Florence Grogan, 9391 Baldwin Rd. She I was opposed to the SAD due to the cost. The Public Hearing was declared held at 8:200 p.m. Marie ng sh, Clerk Charter Town hip of Orion Transcription: Mary Jane Shields *On file in the Clerk's office This meeting is on tape. --------------------------------- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* PUBLIC HEARING - HUSTON ROAD CHLORIDE SAD TUESDAY, JULY 6, 1993 The Charter Township of Orion Board of Trustees held a Public Hearing regarding the Huston Road Chloride Special Assessment District on Tuesday, July 6, 1993 immediately following the Judah Road Chloride SAD Public Hearing at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Treasurer Suzanne Hall Trustee Peter Kemp ABSENT: Clerk Marie English OTHERS: Susan Galeczka Ron Sogge Doug Bastian Wendy DiMartino Deborah Wilson B.J. Griffin John Lines Rose Maxon Eugene Tait Pamela Campbell Joel Aitus Frank Kunz Ann Christ Harry Potvin Jim Yearego Francis Hart Joseph Singer Tom Berger Mark Vagi James N. Hill Collette Tait Rex Trimm Jim Swoish Eugene McNabb Trustee Allen Barnes Trustee Burke Cueny Trustee James Skylis Tom Glover Wally Hostetter Barb White Mark Perkoski Jill Bastian Carl Cyrowski Richard M. White Sgt. Wm. Kucyk Henry Osterkamp Lon Livingston Terry Moran The Public Hearing was called to order at 8:25 p.m. by Supervisor Brown. The preliminary cost estimate for the Huston Road SAD is $739 which includes the cost of chloride and $551 for Township administration in the first year. The SAD is being proposed for a period of 1 -5 years with an annual redetermination of the cost., Rex Trimm, 9865 Huston Rd., was opposed to the SAD because the cost of administration is too high. He said many residents who signed the petition were opposed to the SAD when they were informed of the administrative costs. They may arrange for someone in the neighborhood to collect the funds. 106 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES PUBLIC HEARING. TUESDAY, JULY 6. 1993, HUSTON RD. SAD Mr. Trimm also commented that Georgia Dr. has been chlorided free of charge by Oakland County because it has been designated as the detour from Baldwin to Brown Rd. during the construction at I -75. However, Huston receives a large amount of traffic from the road construction and should also be chlorided. He was advised to contact the Road Commission. Mr. Trimm said he has been unable to get answers from the Township or the Road Commission about the roads in his area. An unidentified member of the audience asked why there was a ' large cost difference per owner for Judah Rd. and Huston Rd. The Board explained the cost to set up the SAD in the first year is being divided among fewer owners on Huston. Henry Osterkamp, 4897 Georgia Dr. and owner of two vacant lots on Huston, was opposed to the SAD because the administrative cost is too high. Lon Livingston, 4840 Huston Rd., asked how long traffic would be diverted through Huston and Georgia Dr. He was advised to contact Oakland County Road Commission. Brief discussion followed. The Public Hearing was declared held at 8:35 p.m. A Marie E. Engl' h, Clerk Charter Town ip of Orion Transcription: Mary Jane Shields *On file in the Clerk's office. This - meeting - is -on- tape. ------------------ ------- ---------- - - - - -- ' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* SPECIAL MEETING, MONDAY, JULY 19, 1993 The Charter Township of Orion Board of Trustees held a Special Meeting, Monday, July 19, 1993 at 6:30 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall OTHERS: Sharon Smith Kenneth Bullis Mark Perkoski Cindy Valuet -Mack Earl English Leon Harrison Carl Cyrowski Yvonne Will Jerry Green Sandy Greenberg Richard White M. Sims Sandra Dyl Art Schrah Helen Parker Ron Sogge Jill Bastian Rita Sauls Connie Krajicek Bonnie Stickney Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis Andrew G. Pollack JoAnn Van Tassel Carol Binggeser Gail Connolly Mark Vagi Dennis Gardner Jim Yearago Ed Pynnonen Jim Milford Parvin Lee The Special Meeting was called to order at Supervisor Brown. Clerk English called the roll were present except Trustee Skylis who arrived at purpose of the Special Meeting was to discuss proposed expansion of the Township Hall. 6:30 p.m. by All members 6:50 p.m. The financing the l J r 107 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES SPECIAL MEETING, MONDAY, JULY 19, 1993 Bob Bendzinski, Bendzinski & Co., Township Financial Advisor, referred to his letter* dated June 20, 1993 to Supervisor Brown outlining alternatives available to the Township to raise the necessary funds to pay the capital costs of the proposed expansion of the Township Hall. Those alternatives include: 1. Inter -fund loan from the Township's Water & Sewer Enterprise Fund, payable over a period of years, with interest payable to the Enterprise Fund using rates similar to those proposed for the improvements around Eagle Valley landfill (5% over a period of 10 -15 years). If an inter -fund loan was conside- red, the Michigan Department of Treasury would require proper documentation that this is a loan, the payment of interest, and repayment from a dedicated revenue source. 2. Issuance of a. voted be put issue would taxes 7. bonds through either: general obligation bond issue, (The matter would to a vote and, if approved, the Township would general obligation bonds to residents. The Board have the authority and power to levy ad valorem without limitation as to the rate or amount) or a Building Authority bond necessitate a vote of the the process involves pub issue an obligation and circulate a petition. If the petitions, the matter issue. (This method would not electors of the Township but lishing a notice of intent to gives citizens the right to 10% of registered voters sign would be put a referendum.) 3. Utilize funds on hand from General Fund. Mr. Bendzinski's major concern with respect to the Township Hall enlargements and improvements, is how the Township will generate the revenues necessary to meet the debt service payments on either the loan from the Enterprise Fund or a Building Authority bond issue. He again referred to his June 20 letter and explained the Township would need between $99,000 and $136,500 annually for 10 years to retire a debt of $800,000 - $1 million dollars at interest rates of 4 % -6%. He stressed that a dedicated revenue source must be identified for repayment. He explained that a voted general obligation bond issue would permit the Township to levy the necessary millage required to meet the debt service payments (repayment of a loan of $800,000 - $1 million dollars would require .15 - .19 mills per $1000 of SEV based on 1993 equivalent State Equalized Valuation of $687,856,825). Discussion followed on possible sources of revenue to repay the loan or bond issue. Trustee Cueny said that the original square footage estimate has been reduced from 9000 to 6200 square feet which would reduce the cost of the project by 1/3. Mr. Bendzinski calculated that the repayment on a loan of $600,000- $650,000 at 5% for 10 years would be $78,000 - $84,500 annually. (The projected cost of contruction was based on a cost of $90 per square foot plus 15% architectural fees). Mr. Cueny explained that 1/2 of the space would be paid for by the departments which use the addition - the Water and Sewer Department and the Sheriff's Department. He said funds might be available if the Township contracts with Oakland County for dispatch service at a lower cost than the Village contract. He said those facts make the project feasible and the Township should proceed with using monies from the General Fund until Host Fee funds or other sources of revenue become available. He did not want to go to the voters to ask for more money. Discussion followed regarding the Oakland County Sheriff's Department paying rent in the addition. It was explained that OCSD does not currently pay rent at the old Township Hall and that any rent charged would probably increase the cost of their contract for services. Trustee Cueny said the old Township Hall could be sold for revenue if the Sheriff's Department moved to the new space. 10 ,8 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES SPECIAL MEETING, MONDAY, JULY 19, 1993 There was also discussion on using revenue from the Host Fee Fund to pay the loan. Host fees received in 1992 totaled $354,000. $174,00 (an average of $30,000 per month) has been received to date in 1993. Mr. Bendzinski explained that the Township had made a commitment to use those funds for improvements around Eagle Valley Landfill. Improvements around the landfill have been estimated at $3.3 million with an annual cost of repayment of $320,000 for 15 years or $427,000 for 10 years (at 5% interest). Parvin Lee, Township Attorney, felt it was premature to project ' excess Host Fee funds before the actual cost estimates are done on the improvements around the landfill. He also felt there should be a contingency fund to pay for improvements in case the revenues from Host Fees fluctuate month to month. Mr. Lee also explained Oakland County may choose not to be in the solid waste business and the Township should keep a reserve in case we are required to repay the $1.5 million advance payment. The Township may also choose to use Host Fee funds to develop the 45 acre park that is part of the agreement. Treasurer Hall was concerned that the Host Fees would not be adequate to make payments on both the improvements around the landfill, expansion of the Township Hall, and to maintain a contingency fund. She also said the square footage figures being used for estimates of cost have not been agreed upon by the Board. Trustee Kemp concurred particularly if the Township is required to'return $1.5 million to Oakland County. He also felt a source of revenue had not been identified and there was not enough excess in the General Fund to-make' payments. There was brief discussion on using State Revenue Sharing funds which may increase in 1994 but the Board was concerned that the amount received could fluctuate over the year. There was also discussion on having the Water and Sewer Fund build the addition and rent it back to the Township. Mr. Bendzinski said the Michigan Department of Treasury would view this as a subterfuge if it could not be shown that the Water and Sewer Department would need the entire space including the proposed atrium in the future (per Act 94). Richard White, Director of DPW, questioned how much of the space would be rented and at what rate. Mr. Lee said no proposal had been made. Supervisor Brown recommended holding this matter until the cost of the improvements around Eagle Valley Landfill have been determined and a revenue source can be identified. Moved by English, supported by Kemp to adjourn the Special Meeting. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. The meeting adjourned,at 7:25 p.m. V Marie E. Engl' h�erk Charter Towns ip of Orion Transcription: Mary Jane Shields *On file in the Clerk's office. This meeting is on tape. 1v8. 19 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S REGULAR MEETING, MONDAY, JULY 19, 1993 The Charter Township of Orion Board of Trustees held Regular Meeting, Monday, July 19, 1993 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. The Regular Meeting was preceded at 6:30 p.m. by a Special Meeting regarding financing the expansion of the Township Hall. A Public Hearing regarding Kings Court Castle liquor license application was advertised to begin at 8:00 p.m. BOARD MEMBERS PRESENT: supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall OTHERS: Sharon Smith Kenneth Bullis Mark Perkoski Cindy Valuet -Mack Earl English Leon Harrison Carl Cyrowski Yvonne Will Jerry Green Sandy Greenberg Richard White M. Sims Sandra Dyl Art Schrah Helen Parker Ron Sogge Jill Bastian Rita Sauls Connie Krajicek Bonnie Stickney Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis Andrew G. Pollack JoAnn Van Tassel Carol Binggeser Gail Connolly Mark Vagi Dennis Gardner Jim Yearago Ed Pynnonen Jim Milford Tim Patterson The meeting was called to order at 7:25 p.m. by Supervisor Brown. The Pledge of Allegiance was led by Trustee Skylis and the Invocation was given by Rick Hartsell, Bay Pointe Community Church. Clerk English called the roll. All members were present. A. SPECIAL MEETING, TUESDAY, JULY 6, 1993. Moved by Barnes, supported by Cueny to approve the minutes of the Special Meeting held Tuesday, July 6, 1993 as submitted. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. B. REGULAR MEETING, TUESDAY, JULY 6, 1993. Moved by Cueny, supported by Kemp to approve the minutes of the Regular Meeting held Tuesday, July 6, 1993 as submitted. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. C. PUBLIC HEARING, JUDAH RD. SAD. Moved by Cueny, supported by Barnes to approve the minutes of the Public Hearing regarding the Judah Lake SAD for chloriding held Tuesday, July 6, 1993 as submitted. AYES: Skylis, Kemp, Baines, Cueny, Brown, Hall, English. NAYS: None. MOTION CARRIED 7 -0. D. PUBLIC HEARING, HUSTON RD. SAD. Moved by Kemp, supported by Cueny to approve the minutes of the Public Hearing regarding the Huston Rd. SAD for chloriding held Tuesday, July 6, 1993. AYES: Barnes, Skylis, Kemp, Hall, Cueny, Brown, English. NAYS: None. MOTION CARRIED'7 -0. 109 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY. JULY 19, 1993 5. APPROVAL OF BILLS Trustee Cueny objected to paying for further repairs on the 1985 escort. He suggested the car be replaced with a leased vehicle. There was also discussion on reducing the cost of photo processing and office supplies. Supervisor Brown said the bill from Attorney Eric McCann for $37.50 has been canceled and should be removed from the list of bills. Moved by Barnes, supported by Kemp to approve the bills for payment with an adjusted total of $155,570.57. AYES: Cueny, Skylis, English, Brown, Hall, Kemp, Barnes. NAYS: None. MOTION CARRIED 7 -0. 6. BRIEF PUBLIC COMMENT JoAnn Van Tassel, 2726 Saturn Dr., objected to the Township selling water to the Village at a lower rate than to Township residents. She submitted a written statement to the Board titled "Response to village/ Township Water Contract" outlining her objections. Bonnie Stickney, 731 E. Clarkston Rd., asked if the Board of Review minutes are available. Supervisor Brown said the information is available but not in the form of minutes. There was also discussion on the drain repair on E. Clarkston Rd. Mrs. Stickney suggested the Township Engineers look at the project before any money is paid to the Drain Commission. Leon Harrison, 746 E. Silverbell, asked for a status report on SBVE vs Orion. Mr. Patterson said this matter is waiting for a trial date. Connie Krajicek, 1111 Leidich, was in favor of selling water to the Village at a discount. 7. APPROVAL OF AGENDA Moved by Cueny, supported by Kemp to approve the agenda with the following amendments: Move 10D, Budget Review, to Item 8A -3 under Clerk's Office Matters and move 10F, Amend Personnel Policy, to Item 8G -3 under Previous Agenda Items. AYES: Skylis, Barnes, Hall, Brown, English, Kemp, Cueny. NAYS: None. MOTION CARRIED 7 -0. Tim Patterson, Township Attorney, said information on the Almas matter will be ready for the August 2, 1993 agenda. 8. PENDING BUSINESS 1 A. CLERK'S OFFICE MATTERS. 1. 1992 AUDIT REPORT. Andrew Pollack, Skillman, Boyle and Pollack, Township Auditors, introduced Julie Freers who assisted with the audit. Mr. Pollack then gave a summary of the 1992 audit *. He referred to the Audit Report* dated May 21, 1993 which expressed an unqualified opinion except for the non - adoption of a budget relative to the Debt Service Fund for which corrective action has been made in 1993. He also summarized last year's operations which included an excess of revenue over expenditures in all funds except Capital Projects Funds. 110 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, JULY 19, 1993 1992 AUDIT REPORT. cont... Mr. Pollack referred to a letter* dated June 1, 1993 regarding the results of the Single Audit and a summary of comments and recommendations relative to the Township's accounting system. He said no material weaknesses were found in internal controls although there are some items which are reportable conditions* ' which have been put in writing to the Board. Mr. Pollack answered questions from the Board regarding Sewage Disposal System Receivables reconciliation, budgeting for revenues, improvements in the fixed assets accounting system and monthly general ledger printing. Mr. Pollack commended the Township employees on the condition of the Township records and thanked them for their cooperation during the audit. ----------------------------------------------------------------- The Township Board temporarily adjourned at 8:12 p.m. to hold a public hearing regarding the Kings Court Castle liquor license application. The Regular Meeting reconvened at 8:26 p.m. ----------------------------------------------------------- - - - - -- KINGS COURT CASTLE LIQUOR LICENSE REQUEST. Upon the recommendation of the Township Attorney, a motion was made by Cueny, supported by Skylis, regarding Kings Court Castle liquor license request, to determine that the need exists for issuance of an additional liquor license in Orion Township based on the six criteria under Ordinance No. 76, Alcoholic Beverages Regulation , Ordinance, Section 4 -G which have been met by the applicant, and to consider a resolution regarding this matter at the August 2, 1993 meeting. AYES: Barnes, Kemp, Hall, Brown, Skylis, Cueny. NAYS: English. MOTION CARRIED 6 -1. Mr. Patterson will work with Clerk English to prepare the necessary resolution for the August 2 meeting. 2. BUDGET ADJUSTMENT - HOST FEES FUND. Moved by Kemp, supported by English to add a new line item (517 -526- 802) to the Host Fee Fund budget to be called Attorney fees (517 -526 -802), to show a budget of $10,000 and also to show $5600 having been spent through June 1993 with the Capital Outlay account (517 -526 -976) to be reduced by $10,000 to accommodate the new line item. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. 3. QUARTERLY BUDGET REVIEW. Clerk English submitted a copy of the 1993 Budget* as amended through today's date. Sharon Smith, Bookkeeper, explained that audit adjustments were made in June so some numbers have changed substantially from May figures. Treasurer Hall referred to page 6, Highways & Streets, showing $50,000 available for roads. She felt this information would be useful during discussions on Tri -Party projects. Moved by Kemp, supported by Hall to receive and file the budget review as presented. AYES: Skylis, English, Brown, Barnes, Cueny, Hall, Kemp. NAYS: None. MOTION CARRIED 7 -0. The Board agreed to set a date for a 1994 budget work session at the August 2, 1993 meeting. 111 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, JULY 19, 1993 B. PARKS AND RECREATION MATTERS. 1. REQUEST FOR BIDS AND SPECIFICATIONS FLINTRIDGE/ MAYBEE SAFETY PATH. Mark Vagi, Director of Parks and Recreation, reported the Safety Path Committee has reviewed the petitions from residents opposed to the Flintridge /Maybee Safety Path. The Committee recommended the Board proceed to prepare documents and advertise for bids for this project because they feel the remaining concerns and questions of residents can be worked out prior to final construction. Mr. Vagi explained that he has worked with the residents and the Road Commission to change some of the easement requirements. He also pointed out the preliminary estimate has increased by $26,000 due to the enclosure of the Maybee Rd. ditch. He referred to an updated construction schedule attached to his memo* dated July 13, 1993 which shows construction to begin in late September with final restoration in spring 1994. Clerk English referred to a petition* received at tonight's meeting containing the signatures of 33 residents in support of constructing the safety path on the north side of the road. Carol Binggeser, 4475 Maybee Rd., explained 7 of the 33 signatures are from residents directly affected by the safety path. Moved by Hall, supported by Skylis to authorize preparation of bid specifications and documents and to authorize advertising for bids for the Flintridge /Maybee Safety Path. AYES: Cueny, Barnes, ' Hall, Brown, Skylis, Kemp. NAYS: English. MOTION CARRIED 6 -1. 2. REQUEST TO ADJUST BUDGET FOR SENIOR VAN PROGRAM. Mark Vagi, Director of Parks and Recreation, referred to a letter* dated July 14, 1993 from Lisa Sokol, Director of Community Education for Lake Orion Community Schools. Ms. Sokol indicated that Lake Orion Schools can no longer maintain its partnership with Orion Township and Independence for Life to provide Senior Van service due to cuts in the Community Education budget. In the past the Lake Orion Schools have financed both the insurance and the cost of repairs and maintenance on the van. As of August 13, 1993, the Township would become the named lessee on the van and it would be removed from Lake Orion School's fleet insurance. Mr. Vagi recommended that a budget adjustment be made to the General Activities - Auto Insurance, 101 - 248 -914 to pay an insurance premium of $1127. He did not foresee any major repairs in 1993 but he also recommended budgeting $600 annually beginning in 1994 for repairs and maintenance. 1 Clerk English questioned why this matter had not been brought to the Board's attention earlier. She also asked for a detailed report before the next budget year on the use of the van and the costs related to maintaining this service. Supervisor Brown concurred and commented that the SMART bus seems to duplicate the services provided by the senior van. Discussion followed Burnham and Flower coverages for the million liability comprehensive dedu save costs. on a f. Agency van. limit ctible 3x* dated July 13, 1993 from listing the cost of various Trustee Kemp felt the $10 was too high and the could be raised to $500 to CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. MONDAY, JULY 19, 1993 SENIOR VAN PROGRAM BUDGET ADJUSTMENT, cont... Leon Harrison, 746 E. Silverbell, suggested leaving the van on the school fleet insurance to save money and reimbursing them for the cost of insurance and maintenance. Mr. Vagi was directed to follow up on Mr. Harrison's suggestion. ----------------------------------------------------------------- The- Township Board - temporarily- recessed - from - 9_10 -to -9_15 p.m. I C. SUPERVISOR'S OFFICE MATTERS - 1993 TRI -PARTY PROJECTS. GRAVEL FOR SCHORN AND W. PINE TREE (memo* dated July 19, 1993 from Supervisor Brown) Moved by Kemp, supported by English to approve the contract (RCOC project #42242) and authorize the Supervisor to sign it on behalf of the Township. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. NEW PROJECTS. Loren Yaros, Road Commission for Oakland County, has recommended a priority list of Tri -Party road gravel projects totaling 8 miles at $8000 per mile (memo* dated July 13,1993 from Supervisor Brown) with the work to be done by RCOC. Mr. Yaros suggested that the Board establish a citizen's committee to address road concerns and prioritize projects in the future. Moved by Cueny, supported by Barnes to spend 1993 Tri- Party funds on the following projects: Conklin (Orion to Indian Lake) ........... 1.00 mile Brown (Joslyn to Baldwin) ................. 1.00 mile Coats (Indianwood to Stanton) ............. .94 mile , Greenshield (M -24 to Kern) ................ 1.04 miles Laird (north -of Clarkston) ................ .40 mile Clarkston (M -24 to Kern) .................. 1.06 miles King Circle (off Heights) ................. .30 mile Kinmount & Hopefield (off Joslyn) ......... .30 mile Nakomis Sub (off Indianwood) .............. 1.00 mile Candlewick & Hammerslea ................... .75 mile AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. Supervisor Brown commented the balance of the funds (approximately $13,700) could be carried forward to next year. D. TREASURER'S OFFICE MATTERS REQUEST TO PURCHASE FAX MACHINE. Moved by Cueny, supported by Barnes to approve the purchase of a Brother 680 fax machine from Lake Orion Business Machines at a cost of $385 for the Treasurer's Office to improve efficiency. AYES: Kemp, Brown, Hall, Barnes, Cueny. NAYS: Skylis, English. MOTION CARRIED 5 -2. Trustee Skylis felt the fax machines in the Building Department and the Supervisor's office were ' sufficient for Township use. E. BUILDING DEPARTMENT MATTERS. 1. STATUS REPORT RE: 3427 INDIANWOOD RD. Tom Berger, Building Official, reported the owner has substantially complied with the Board's requirements for cleaning up the site and the work should be completed in about one week. Moved by Kemp, supported by Hall to receive and file Mr. Berger's memo* regarding 3427 Indianwood Rd. AYES: Cueny, Barnes, Brown, English, Skylis, Hall, Kemp. NAYS: None. MOTION CARRIED 7 -0. 113 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. MONDAY, JULY 19, 1993 2. AWARD DEMOLITION BID (memo* dated July 14, 1993 from Tom Berger, Building Official) Three bids were received on this project ranging from $3400 - $4850. Mr. Berger recommended the bid be awarded to North American Dismantling, the low bidder. Moved by Kemp, supported by Cueny to award the bid for demolition of 1692 Newman to North American Dismantling in the amount of $3400. Doug Spratt, representing the- owner Joan Spratt, ' referred to a Petition for Review and Motion for Stay which he has filed with the Oakland County Circuit Court on this matter. Copies of these documents were received by the Clerk's office and made available to the Board before the meeting. Mr. Spratt said he has attempted to comply with the requirements of the Township but he has been denied due process. AYES: Barnes, Skylis, Hall, Brown, English, Cueny, Kemp. NAYS: None. MOTION CARRIED 7 -0. 3. INSPECTION AGREEMENT WITH THE VILLAGE OF LAKE ORION. An "Agreement* to Provide Building Inspection Services" has been proposed by the Village of Lake Orion which is an extension of the contract which expired in 1989. Tom Berger, Building Official, recommended changes as outlined in his memo* dated July 2, 1992 involving fees to be charged, reporting requirements, and "hold harmless" language (Items 01, #2, #6, and #7). Mr. Berger was directed to prepare a final draft of the Building Inspection Services Agreement to be submitted to the Township insurance carrier and the Township Attorney for review. The agreement in final form will be considered by the Board at the August 2, 1993 meeting. F. ORDINANCE ADOPTION 1. TEXT AMENDMENT TO ORDINANCE NO. 78, REC -2 DISTRICT. Clerk English read the memo* dated June 24, 1993 from the Orion Township Planning Commission recommending approval of PC- 92 -29, Text Amendment to Ordinance No. 78, Rec -2 District, Willow Creek Recreation Center, on a 5 -1 vote. Moved by English, supported by Hall to concur with the Planning Commission and to adopt the Text Amendment to Ordinance No. 78, Rec -2 District, as recommended by the Planning Commission. AYES: Kemp, Cueny, Skylis, Brown Hall, English. NAYS: Barnes. MOTION CARRIED 6 -1. Trustee Barnes felt these requests should be handled individually as a special land use. Sandra Dyl, Planning Commission member, explained she voted against the recommendation because she was concerned about the setbacks as stated in the ordinance. 2. TEXT AMENDMENTS TO ORDINANCE NO. 97, SAFETY PATHS Clerk English read a memo* dated June 23, 1993 from the Orion Township Planning Commission recommending approval of PC -93 -5, Text Amendments to Ordinance No. 97, on a 6 -0 vote. Moved by Kemp, supported by Hall to concur with the Planning Commission and to adopt PC -93- 5, Text Amendments to Ordinance No. 97, Safety Path Regulation Ordinance. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. Clerk English said when o ertSafety Pshoul�sbebeing constructed all abutting p r p Y copies of the section of the ordinance outlining their responsibilities for maintenance. 114 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING MONDAY, JULY 19 1993 3. AMENDMENTS 'TO ORDINANCE NO. 73, SOLID WASTE HAULERS There was discussion on the proposed amendments to Ordinance No. 73, Residential Solid Waste and Recyclable Materials Collection Regulation. Board members suggested removing the word "through" on Page 3, Section 5, Al -a, Transport of Refuse, and Page 4, Section F, Vehicles Inspections. Tim Patterson, Township Attorney, had questions about enforcing the licensing sections of the ordinance for trucks passing through but not doing business in the Township particularly if they are licensed in other municipalities. Mr. Patterson said there are recent court decisions which could impact this section. He said OCSD could enforce sections of the ordinance regarding safety for trucks passing through the Township. Lt. Mike McCabe had questions on Page 12, Section 10, Violations and Fines, & Penalties. He suggested removing this language from the ordinance. He also supported the increase in fines to $250 per violation and $10.00 per day as proposed. This matter was set over to the next meeting. Trustee Barnes will compile the suggested changes from Board members and the wording will be 'reviewed by the Township Attorney. ----------------------------------------------------------------- Moved by English, supported by Kemp to extend the meeting until 11:00 P.M. AYES: Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: Cueny. MOTION CARRIED 6-1. ----------------------------------------------------------- - - - - -- G. PREVIOUS AGENDA ITEMS 1. INSURANCE COMMITTEE REPORT (memo* dated June 30, 1993 from Supervisor.Brown and, the Insurance Committee) Supervisor "Brown "pointed out that`deductibies could be raised on Inland Marine and Errors and Omission coverage for a cost savings. -Moved by Kemp, supported by Cueny to receive and file the Insurance Proposal for 1993 -1994 as presented with the deductible for Inland Marine to be $1000 and Errors and Omissions to be $5000 bringing the total cost of coverage to $121,633. Discussion followed on leaving Errors and Omission coverage at $1000 due to the number of claims in recent years. The motion was amended to read: Moved by Kemp, supported by Cueny to receive and file the Insurance Proposal for 1993 -1994 as presented with the deductible for Inland Marine to be $1000 bringing the total cost of coverage to $124,433. AYES: Barnes, Hall, Skylis, Brown, English, Cueny,' Kemp. NAYS: None. MOTION CARRIED 7 -0. q2. .MILEAGE RATE FOR TOWNSHIP supported by Hall to amend include mileage by adding th General Information: EMPLOYEES Moved by Kemp, the Personnel Policy to following section under MILEAGE COMPENSATION. Mileage shall be paid at the rate authorized by the IRS for the previous year when the budget is adopted and will be paid to Township employees who use their privately owned vehicles on authorized Township business. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES 115 MINUTES 3. AMEND PERSONNEL POLICY. Moved by Kemp, supported by Hall to amend the Personnel Policy to be in agreement with the Elected officials Policy regarding the meal allowance. AYES: Barnes, Skylis, Cueny, Brown, English, Hall, Kemp. NAYS: None. MOTION CARRIED 7 -0. 9 BOARD MEMBER COMMENTS Trustee Cueny objected to ending the meeting at 11:00 p.m. because items at the end of the agenda such as a moratorium on SADs and the status of the Deputy Clerk appointment will not be addressed. Treasurer Hall asked that the question of who is authorized to contact the Township Attorneys be on the next agenda. She felt this policy needed to be clarified. Trustee Kemp understood the Board had granted all Board members and all Planning Commission members access to the Township Attorney. Trustee Barnes said the changes that have been made to the Elected Officials Policy were needed but he was disappointed that changes in health insurance coverage for Trustees have not been addressed. Trustee Cueny concurred. Mr. Patterson said his office will be giving an opinion on the definition of compensation and /or salary and /or benefits and whether this compensation can be changed during a term of office. Trustee Kemp said his packet was not ready at noon on Wednesday. He asked that packets be mailed or delivered if they are late. ' 10. NEW BUSINESS A. ROLLING MEADOWS #2 FINAL PLAT APPROVAL. Clerk English referred to the letter from Orchard, Hiltz & McCliment regarding PC -90 -91 and pointed out that all items are in order. Moved by English, supported by Hall to approve Final Plat for Rolling Meadows Subdivision No. 2. AYES: Cueny, Barnes, Skylis, Kemp, Brown, Hall, English. NAYS: None. MOTION CARRIED 7 -0. G. PREVIOUS AGENDA ITEMS. B. APPEAL OF MOBILE CONCRETE, INC. SPECIAL LAND USE DENIAL. Ron Sogge, Attorney for Mobile Concrete, Inc., asked the Board to grant the Special Land Use for Mobile Concrete (PC -93 -8) to develop land off Giddings between Waldon and Silverbell as a ready mix concrete plant. He commented, even though the property is zoned for research and development, the property has been for sale for several years and the owner has been unable to sell it for any other type of use. He felt the concrete ' plant is an appropriate use of the property because it is bounded by Edison lines and a railroad marshalling yard and is across Giddings from Eagle Valley Landfill. Mr. Sogge introduced James Yearago, the owner of Mobile Concrete and Dennis Gardner, Nowak and Fraus Engineers. Clerk English supported the request for a Special Land Use for Mobile Concrete. She felt this is an appropriate area for the plant due to the location near Eagle Valley Landfill, the large railroad marshalling yard, and Edison high tension lines. She also explained that she lives in this area and did not experience any problems with truck traffic when the previous company was operating. 116 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING MONDAY JULY 19 1993 MOBILE CONCRETE, cont... Treasurer Hall felt this Mobile Concrete would be of adhering to the Master could handle heavy truck which is planned for Gi this use in mind. is not an issue of whether a good neighbor but an issue Plan and whether Giddings Rd. traffic. she said the paving ddings was not designed with Mr. Gardner explained the owner is willing to share the ; cost to improve Giddings to a Class A road. He did not feel this project would have an negative impact on the area or affect the ability of the Township to implement the Master Plan. Clerk English commented the minutes of the Planning Commission meeting reflect an 86' easement on Giddings which is incorrect. She explained Giddings Rd. has a 120' easement. Trustee Kemp was concerned that trucks would turn to the north on Giddings and use area roads to avoid train traffic. Mr. Yearago said his drivers could be directed to turn right (or south) only on Giddings Rd. Trustee Kemp also said the land near this property is designated to be a recreation area and he was concerned about the safety of residents using Giddings Rd. He said he has personal experience with a cement company near his business and he objects to the noise and dust. Discussion followed on the LI -2 zoning on the property. There was concern that allowing this Special Land Use would set a precedent for special uses on other LI -2 property. Mr. Sogge commented the Board has discretion in , allowing Special Land Uses in other LI -2 areas and this use is compatible with the area. Clerk English pointed out that Sensor Developments, a neighboring business, has no objections to the project. Trustee Skylis said the Master Plan is to be used as a guide and this is an appropriate use of the land. He did not feel this area would attract research and development companies. Moved by English, supported by Skylis to grant the appeal of Mobile Concrete and allow the Special Land Use requested with the stipulation that they use the road south on Giddings to Silverbell as their access. Trustee Cueny referred to the negative comments of the Planning Commission and the Vilican Leman, Township Planners, regarding the inadequate road and the impact on the use this property in the future. He felt their recommendations should be followed. VOTE: AYES: Brown, Skylis, English. NAYS: Hall, Barnes, Cueny, Kemp. MOTION FAILED FOR LACK OF SUFFICIENT MAJORITY 4 -3. C. DNR PERMIT REQUESTS. 2. REQUEST TO BUILD BOARDWALK AND DOCK, JERRY GREEN, PETITIONER. The Township received notification* of a request for a DNR permit (File No. 93 -14 -508) for Jerry Green, 3482 Millcrest. He is seeking approval for approximately 75 LF of boardwalk through a wetland, a dock with a finger pier constructed without a permit and to add a second fingger pier to the existing structure in Little Lake Voorheis. Mr. Green said Rosemary Ayres of the DNR has viewed the site and a permit can be issued. 117 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. MONDAY, JULY 19, 1993 DNR PERMIT, cont... Clerk English said the Building Department has reviewed the application and no Township permits are required. Tom Berger, Building Official, did not feel this project was detrimental to the wetlands area. Moved by English, supported by Cueny to receive and file the DNR permit request notification for Jerry Green. AYES: Kemp, Skylis, English, Brown, Hall, Cueny. NAYS: Barnes. MOTION CARRIED 6 -1. 12. ADJOURNMENT Moved by Skylis, supported by Kemp to adjourn the meeting. AYES: Skylis, Kemp, Hall, Barnes, Brown, English. NAYS: Cueny. MOTION CARRIED 6 -1. The meeting adjourned at 11:30 p.m. Marie E. English, Clerk Charter Township of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* PUBLIC HEARING - KINGS COURT CASTLE LIQUOR LICENSE APPLICATION UNDER ORDINANCE NO. 76 MONDAY, JULY 19, 1993 The Charter Township of Orion Board of Trustees held 'a Public Hearing regarding the Kings Court Castle liquor license application on Monday, July 19, 1993 at 8:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall OTHERS: Sharon Smith Kenneth Bullis Mark Perkoski Cindy Valuet -Mack Earl English Leon Harrison Carl Cyrowski Yvonne Will Jerry Green Sandy Greenberg Richard White M. Sims Sandra Dyl Art Schrah Helen Parker Ron Sogge Jill Bastian Rita Sauls Connie Krajicek Bonnie Stickney Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis Andrew G. Pollack JoAnn Van Tassel Carol Binggeser Gail Connolly Mark Vagi Dennis Gardner Jim Yearago Ed Pynnonen Jim Milford 118 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES PUBLIC HEARING, KINGS COURT CASTLE MONDAY JULY 19, 1993 The Public Hearing regarding the application for a liquor license for Kings Court Castle under Ordinance No. 76, Alcoholic Beverages Regulation Ordinance, was called to order at 8:12 p.m. by Supervisor Brown. Stan Aldridge, owner of Kings Court Castle, explained he pur- chased the property formerly known as Antique Village. He stated he has spent several million dollars renovating and adding on to the existing buildings which will now be known as Olde World Canterbury Village. The Township Board and Planning Commission have approved his site plan for a family style restaurant with banquet and meeting facilities which will be known as Kings Court Castle. Canterbury Village is expected to employ approximately 400 local residents and have a payroll of $4 million with 200 of those jobs in Kings Court Castle. Mr. Aldridge expected the hours of operation to be approximately 10 a.m. to 11:00 p.m. Trustee Kemp asked Mr. Aldridge why he wanted a Class C liquor license rather than a resort license. He felt when Mr. Aldridge invested several million dollars in a restaurant he would automatically apply for a resort license. Mr. Aldridge said he does not know what the restrictions are on a resort license. He stated his restaurant would be a year round operation and questioned if he could only operate part of the year under a resort license. He said a Class C license is available and he has applied for it. He feels he will be running a quality operation which will be an asset to the community. Supervisor Brown explained, for a resort license, the Liquor Control Commission Class C license for another receiving the resort license three years. in order for Mr. Aldridge to apply Township would have to inform the that we are reserving the remaining major business. Also, the business could not be sold or transferred for Mr. Aldridge said he did not anticipate moving out in three years. He also commented that he has had a liquor license in Orion Township for 13 years and has only received one violation. There was discussion on the license which is in escrow for the Keatington Racquetball Club. Mr. Aldridge understood the license has been sold. Mr. Aldridge said he knows other people are interested in the license but he felt the quality of his operation and the number of people he will employ at the restaurant are important factors in today's economy. Supervisor Brown recommended that Mr. Aldridge be given the license. Trustee Skylis said he was looking forward to the opening of Canterbury Village. Treasurer Hall explained that discussions about a resort license were not meant as a negative comment about Mr. Aldridge's operation. She felt that Mr. Aldridge will run a high quality operation with a positive impact on the Township but smaller businesses should also be given consideration. She commented that none of the other businesses who have expressed interest in the license attended the hearing. Jill Bastian, 913 Heights Rd., asked if all the other people who were interested in the license were contacted before the hearing. Clerk English said they were not contacted. Mrs. Bastian had concerns about the procedure which was being followed. She asked why the hearing was not being held regarding the available license rather than being specifically regarding Mr. Aldridge's application. She felt it would have been appropriate to notify everyone who was interested and consider each of their plans. She also felt that if Mr. Aldridge applied for a resort license an additional license would be available for someone else. 1 119 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES PUBLIC HEARING. KINGS COURT CASTLE, MONDAY, JULY 19, 1993 Connie Krajicek, 1111 Leidich, asked what constitutes license. CA &W 0, Supervisor Brown explained that a4�resort license purchased from someone holding one, usually at a $45,000 - $50,000. A business could also apply for one licenses which are issued by the state each year businesses. a resortl could be cost of the to major Trustee Kemp disagreed that the application was restricted to a major business. Mrs. Krajicek asked if a license is already assigned to this property. Supervisor Brown said the license she is referring to is held by Haymakers and is not part of this project. The Public Hearing was declared held at 8:25 p.m. Marie E. En ish, Clerk Charter Tow ship of Orion Transcription: -- Mary - Jane - Shields - - ---------------- - - - - -- - - - -� *On file in the Clerk's office. This meeting is on tape. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* REGULAR MEETING, MONDAY, AUGUST 2, 1993 The Charter Township of Orion Board of Trustees held a Regular Meeting, Monday, August 2, 1993 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. A Public Hearing regarding Ridge Rd. Private -to- Public SAD was advertised to begin at 8:00 p.m. BOARD MEMBERS PRESENT: Supervisor Doug Brown Trustee Allen Barnes Clerk Marie English Trustee Burke Cueny Treasurer Suzanne Hall Trustee Peter Kemp Trustee James Skylis OTHERS: Morris Cucksey Jill Bastian Richard White Tom Yaste Larry Krzyzanowski Mike McCabe Susan Galeczka 1. CALL TO ORDER Rosa Lee Cucksey Karen Muz Mary Crawford James Yearego Frank Kunz Vicki Skok Tim Patterson Mark Perkoski Thomas Berger Chris Carr Cynthia Fraga Matt Ashton Jerry Green Terri Ashton The meeting was called to order at 7:00 p.m. by Supervisor Brown. 2 PLEDGE AND INVOCATION The Pledge of Allegiance was led by Supervisor Brown and the Invocation was given by Dr. Carr, Shalom Baptist Church on Morgan Rd. 3 ROLL CALL Clerk English called the roll. All members were present. 120 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, AUGUST 2, 1993 4. APPROVAL OF MINUTES A. SPECIAL MEETING, JULY 19, 1993. Moved by Kemp, supported by Skylis to approve the minutes of the Special Meeting regarding financing the Township Hall held Monday July 19, 1993 as submitted. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. B. REGULAR MEETING, JULY 19, 1993. Moved by Kemp, supported by Skylis to approve the minutes of the Regular Meeting held Monday, July 19, 1993 as submitted. AYES: English, Brown, Hall, Barnes, Cueny, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. C. PUBLIC HEARING, JULY 19, 1993. Moved by Hall, supported by Barnes to approve the minutes of the Public Hearing regarding Kings Court Castle held Monday, July 19, 1993 as corrected (Page 3, paragraph 2 to read "...a Class C resort license could be purchased..." also, "...one of the 25 licenses which are issued by the State...) AYES: Kemp, Skylis, English, Brown, Cueny, Barnes, Hall. NAYS: None. MOTION CARRIED 7 -0. 5._ _APPROVAL OF BILLS Treasurer Hall referred to the attorney bill and asked if the opinion regarding the definition of benefits and /or compensation and /or salary was completed. Tim Patterson, Township Attorney, said Ann Christ of his office is still working on that matter. The attorney bill was adjusted in the amount of $1147.50 to correct a clerical error. Moved by Barnes, supported by Kemp to approve the bills with an adjusted total of $28,774.86. AYES: Cueny, Hall, Brown, Skylis, Kemp, Barnes. NAYS: English: MOTION CARRIED 6 -1. 6. BRIEF PUBLIC COMMENT Jill Bastian, 913 Heights, suggested the Board form a citizen Roads Committee as recommended by Loren Yaros, RCOC, at the last meeting. Mary Crawford, 445 Nakomis, questioned why a Deputy Clerk has not been appointed and what would happen if the Clerk was unable to perform her duties. Discussion followed. 7. APPROVAL OF AGENDA Moved by Kemp, supported by Skylis to approve the agenda with the following amendments: Remove Item 8I -1 from Consent Agenda and move that item to become Item 10E under New Business. Remove Item 8H -4 from the agenda (Moratorium on SADs until October 1, 1993) and substitute "Status of the Deputy Clerk" as Item 8H -4. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. ti ILI 1-1 J u CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MIND 2 REGULAR MEETING, MONDAY, AUGUST 2, 1993 8. PENDING BUSINESS A. ATTORNEY MATTERS EXECUTIVE SESSION RE: PENDING LITIGATION. Moved by Kemp, supported by Barnes to go to Executive Session to discuss three pending cases - Almas vs Orion, Kropf vs Orion, and Orion vs Warrington. AYES: Skylis, English, Brown, Hall, Cueny, Barnes, Kemp. NAYS: None. MOTION CARRIED 7 -0. ----------------------------------------------------------------- The-- Township -- Board -- temporarily- recessed- at -- 7:35 - -to- hold an Executive Session. The Regular Meeting reconvened at 7:52 p.m. ALMAS VS ORION. Moved by Kemp, supported by Skylis to authorize the attorney to file a counter claim in the case Almas vs Orion. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. KROPF VS ORION. Moved by Cueny, supported by Kemp to authorize the attorney to propose settlement in the case Kropf vs Orion. AYES: Skylis, English, Brown, Hall, Barnes, Kemp, Cueny. NAYS: None. MOTION CARRIED 7 -0. ORION VS WARRINGTON. The Township Attorney recommended accepting the judge's decision to dismiss this matter because the cost to appeal would be high. Mr. Warrington will have to apply for an electrical permit and a bond which he posted will have to be returned. B. SENIOR CONCERNS. SENIOR CENTER RENOVATION PROJECT. Tom Yaste, Straub Associates /Architects, answered questions from the Board regarding three possible plans for remodeling the multi- purpose room in the basement of the Senior Center in order to make it usable again and to satisfy Township code requirements. He recommended Scheme II as outlined in a memo* dated July 27, 1993 from Supervisor Brown. Using Scheme II, the HVAC -2 ductwork would be removed from the multi - purpose room allowing the ceiling heights to revert to their pre -air conditioning levels. The ductwork would then be run on the outside of the building. Discussion followed on the cost of the project. Supervisor Brown said approximately $55,000 of CDBG funds are available for this project. There was also discussion on the original $94,000 project to install the air conditioning. Clerk English explained the Township still owes $5000 on that project which has not been paid because the contractor, EAM, left items uncompleted including filling holes around the ductwork. Mr. Straub said a settlement will have to be arranged with the contractor. Moved by Barnes, supported by Hall to approve proposed Scheme II at a cost of $33,200 for the Senior Center renovations with the funds to come from the CDBG budget. AYES: Kemp, Skylis, Cueny, Barnes, Hall, Brown. NAYS: English. MOTION CARRIED 6 -1. ----------------------------------------------------------------- The Township Board temporarily recessed at 8:05 p.m. to hold a Public Hearing regarding Ridge Road Private -to- Public SAD. The Public Hearing was declared held at 8:25 p.m. The Township Board then temporarily recessed and the Regular Meeting reconvened at 8:40 p.m. --------------- ---------------- - - - - -- I2 CARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, AUGUST 2, 1993 RIDGE ROAD PRIVATE -TO- PUBLIC SAD. No further action was taken on the Ridge Road Private -to- Public SAD. C. DPW MATTERS. 1. WATER CONTRACT WITH VILLAGE OF LAKE ORION. Richard White, Director of DPW, referred to the counter propo- sal* dated July 2, 1993 from the Township Water Committee regarding the sale of water to the Village of Lake Orion. He asked for direction from the Board regarding Item #1, regarding the rate the Township will charge the Village for water, and Item #6, regarding the Village retaining their present Township customers and the rate they will be charged. Mr. White will then work with the attorney to draft a proposed contract for review by the Board. Mr. White said negative comments had been made at the last meeting regarding the sale of water to the Village at a lower mark up than is charged to Township customers. He submitted figures to the Board showing possible Village rates based on reductions of 1%-5% from the rate charged to Township customers. Trustee Cueny objected to offering any discount to Village customers. He also objected to the Village charging Township customers on the Village system a higher rate and felt this should be stipulated in the contract. There was also one segment of be considered felt the there rates and the defensible bas discussion on whether offering water to the Township at a different rate could discrimination. The Township Attorney was justification for the difference in decision was made on a rational and is. Mr. White said the Township would be selling the water wholesale to the Village and we would not have to maintain water mains in the Village, maintain meters in homes, read meters, or bill customers. Mr. White also commented that future increases by the City of Detroit would be passed along to the Village. Trustee Barnes felt it was not fair to charge a new customer a lesser rate than current customers pay. Trustee Cueny said the Village rate should be the same as the Township rate at this time and possibly a discount could be offered at a later date. There was also discussion regarding the oversized main which loops around the Village and whether the Village should pay part of that cost. Trustee Kemp was opposed to charging the Village a lower rate because the Village has not wanted to contribute to efforts to upgrade the system over the past few years. Mr. White said that loop was installed to complete the Township system and not to make provisions for the Village in particular. The Township is paying for oversize mains but those costs will be recovered in the capital and lateral charges which the Village will pay. Trustee Skylis said Village rates will double even with the 5% reduction in the proposal. He felt the 5•k discount was fair because Village residents are Township taxpayers also. Morris Cucksey, Village of Lake Orion, spoke in favor of the water proposal. He said the 5`k reduction which is being proposed will not cover the costs of maintain- ing the system in the Village and billing the custo- mers. He also said the Village will have to charge $92 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINIIgs3 REGULAR MEETING. MONDAY, AUGUST 2. 1993 WATER PROPOSAL, cont... (Morris Cucksey) for the same amount of water for which the Township charges $25. He explained Township residents on the current system are charged more than Village residents because they have not paid the cost of mains, laterals, or meters. Under the new proposal Township customers will be charged the same price as Village customers. Moved by Cueny, supported by Kemp authorize Richard White, Director of DPW, to submit the proposal as presented with the exception of Item #1 with the water rate to be uniform throughout the Village and Township at $10.70. AYES: Kemp, Barnes, Cueny, Hall. NAYS: Skylis, Brown, English. MOTION CARRIED 9 -3. The proposal will be forwarded to the Village before the final contract is drawn up. 2. REQUEST TO BEGIN WATER AND SEWER HOOKUPS FOR SILVERBELL /SILVER VALLEY /NANCY G (memo* dated July 28, 1993 from Richard White, Director of DPW) Moved by Kemp, supported by Skylis to authorize the Director of Public Works to go out for public bids on the various water and sewer connections to the existing homes on Nancy G, Silverbell, and Silver Valley as of January 1, 1991 which were previously approved by the Board to receive free connections with a deadline to pull a permit to be September 1, 1999. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. D. SUPERVISOR'S OFFICE. CANCEL 9/7/93 PUBLIC HEARING RE: SUNSET HILLS & SUNSET HILLS #1 SAD. Frank Kunz, 1220 Kempster, addressed the Board regarding the changes by the Township to the original cost estimate for Sunset Hills & Sunset Hills #1 SAD. He asked if there is a formal policy on setting administrative fees and the annual redetermination of costs. Supervisor Brown asked Mr. Kunz to put his concerns in writing. Moved by Kemp, supported by Skylis to cancel the Public Hearing for Sunset Hills and Sunset Hills #1 SAD set for September 7, 1993. AYES: English, Brown, Hall, Barnes, Cueny, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. E. BUILDING DEPARTMENT MATTERS. Tom Berger, Building Official, referred to the proposed "Agreement to Provide Building Inspection Services "* as included in the August 2, 1993 Board packet. He said the agreement has been reviewed by the Township insurance carrier and the Township Attorney. There was brief discussion on Item #10 requiring the Village to amend its ordinances so both the Township and Village are operating under the same code or the Village will be in violation of the agreement. Moved by Kemp, supported by Skylis to authorize the Supervisor and Clerk to sign the agreement for Building Inspection services with the Village of Lake Orion and to send it to the Village for their signatures. Clerk English asked if it was necessary to provide inspection services to the Village considering the volume of business in the Township Building Department. Mr. Berger said may become difficult to continue with the current staff and Item #11 provides for review of the contract on an annual basis. VOTE: AYES: Barnes, Cueny, Hall, Brown, Skylis, Kemp. NAYS: English. MOTION CARRIED 6 -1. 124 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING MONDAY AUGUST 2 1993 F. CLERK'S OFFICE MATTERS. RESIGNATION FROM SOLID WASTE COMMITTEE. Moved by Skylis, supported by English to accept the resignation of Marie English from the Solid Waste Committee. AYES: Kemp, Skylis, English, Brown, Hall, Barnes. NAYS: Cueny. MOTION CARRIED 6 -1. G. ORDINANCE ADOPTION 1. FIRST READING TEXT AMENDMENT TO ORDINANCE NO. 77 - SIGN ORDINANCE. Supervisor Brown announced this is a First reading of proposed Text Amendments* to Ordinance No. 77., Signs. This item will be advertised for adoption at the next meeting. 2. FIRST READING TEXT AMENDMENTS TO ORDINANCE NO. 78 - GREENBELTS /LANDSCAPING. Supervisor Brown announced this is a First Reading of proposed Text Amendments* to Ordinance No. 78, Greenbelts /Landscaping. This item will be advertised for adoption at the next meeting. H. PREVIOUS AGENDA ITEMS. 1. DNR PERMIT REQUEST, VOORHEIS LAKE, WILLIAM TAGGART, PETITIONER. Clerk English explained the time limit has passed for requesting a public hearing before the DNR on this matter. Moved by Barnes, supported Hall to request a Public Hearing before the DNR regarding the permit request for William Taggart, 2596 Browning, Lake Voorhies due to the disruption of the natural lake bottom and questions regarding where the spoils will be placed. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. 2. RECEIVE AND FILE 1992 AUDIT. Moved by Barnes, supported by Kemp to receive and file the 1992 Audit. AYES: Cueny, Hall, Barnes, English, Skylis, Kemp, Barnes. NAYS: None. MOTION CARRIED 7 -0. 3. BUILDING COMMITTEE REPORT. The Building Committee asked for direction from the Board regarding financing the 6200 square foot expansion of the Township Hall and going out for bids for design. Trustee Kemp commented that funds have not been budgeted in 1993 for building expansion. Treasurer Hall was concerned about proceeding because a revenue source has not been identified and specifications for the building have not been developed. Moved by Kemp, supported by Cueny to authorize the Clerk to advertise for public bids for architectural services for the Township Hall expansion with information to be supplied by the Building Committee. AYES: Barnes, Skylis, Brown, Cueny, Kemp. NAYS: English, Hall. MOTION CARRIED 5 -2. 4. STATUS OF DEPUTY CLERK. Trustee Cueny was concerned because a Deputy Clerk had not been appointed for over 90 days. Discussion followed. 5. DENIAL OF SPECIAL LAND USE - MOBILE CONCRETE. Moved by Kemp, supported by Hall to deny the appeal of Mobile Concrete Special Land Use Denial for the reasons stated by the Planning Commission (as follows): 1. It is not in accordance with the Master Plan, 2. It would have a negative impact on the planned uses in the area, 3. It would limit the Township's ability to implement the Master Plan in this area. AYES: Cueny, Barnes, Hall, Kemp. NAYS: Brown, English, Skylis. MOTION CARRIED 4 -3. u u CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINi7gS5 REGULAR MEETING. MONDAY, AUGUST 2. 1993 I. CONSENT AGENDA. Moved by Cueny, supported by Skylis to approve the Consent Agenda as follows: Requests to attend continuing education seminars: Authorized Tom Berger, Building Official to attend "Three Day Training for Building Officials, Inspectors and Plan Reviewers" to be held August 25 -27 in Gaylord Michigan. Authorized Bud Storm and Randy McClure to attend Building Officials Training to be held August 30 -31 at MSU, East Lansing. AYES: Kemp, English, Brown, Hall, Barnes, Skylis, Cueny. NAYS: None. MOTION CARRIED 7 -0. 9. BOARD MEMBER COMMENTS. Trustee Barnes recommended taking action on a Woodlands Ordinance. He felt this was a high priority item due to the loss of trees during recent development. Trustee Kemp said a woodlands ordinance is being considered by a subcommittee of the Planning Commission. Mr. Patterson said the Board should be aware that enforcement of such an ordinance would require someone with specialized skills such as a forestry officer. Treasurer Hall questioned the bill which has been received for the Ballard Drain. Mr. Patterson will make a report on this item at the next meeting. 10. NEW BUSINESS A. RESOLUTION RE: LIQUOR LICENSE. Clerk English referred to chronological information which she provided to the Board regarding the available Class C liquor license (memo* dated August 2, 1993). She felt all parties that have shown an interest in applying for a Class C license have not been given due process because they were not notified in writing of the public hearings. She asked the Board to set this item over to the August 16, 1993 meeting to allow all persons having shown an interest to be able to address the Board. Discussion followed. Mr. Patterson said he was satisfied with the procedures that were followed but the Board has the option to advertise and accept other applications submitted with the non - refundable $600 fee. Moved by Cueny, supported by Hall to approve the Kings Court Castle, Inc. Liquor License application per the previous Resolution with the conditions #1 -6 as stated in the communication as submitted July 28, 1993 from legal counsel and to adopt the Resolution* as submitted and authorize the Clerk to certify it. AYES: Kemp, Skylis, Brown, Hall, Barnes, Cueny. NAYS: English. MOTION CARRIED 6 -1. B. REQUEST TO CLOSE OVERLAKE DR. FOR BLOCK PARTY. Moved by Barnes, supported by Cueny to adopt the Resolution* granting the request to close Overlake Dr. to allow the Long Lake Woods Subdivision Association to hold a block party on August 21, 1993 (August 22, 1993 rain date) and that the Clerk inform all affected Township Departments. AYES: Hall, Barnes, English, Skylis, Kemp, Cueny, Barnes. NAYS: None. MOTION CARRIED 7 -0. 126 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, AUGUST 2. 1993 C. DNR UPDATE (memo* dated July 28, 1993) Clerk English provided the Board with an update on recent DNR permit requests. D. SET WORK SESSION RE: 1994 BUDGET. Moved by Skylis, supported by Kemp to set a Budget Work Session regarding the 1994 Budget for August 30, 1993 from 7- 9:30 p.m. AYES: Barnes, Cueny, Brown, English, Hall, Kemp, Skylis. NAYS: None. MOTION CARRIED 7 -0. E. APPOINTMENT TO RECYCLING COMMITTEE. Moved by Skylis, supported by Kemp to appoint Chris Carr to fill one of three vacant positions on the Recycling Committee. Treasurer Hall felt goals and objectives should be adopted for the Recycling Committee before filling vacancies. Trustee Barnes was concerned that the appointment would be a conflict of interest because Mr. Carr is employed by BFI. AYES: English, Brown, Hall, Kemp, Skylis. NAYS: Barnes, Cueny. MOTION CARRIED 5 -2. 11. PUBLIC COMMENT, Jill Bastian, 913 Heights Rd., commented that waste haulers have not been turning in recycling reports as required by the Township Ordinance. She also informed the Board that the Heights Rd. Safety Path has several broken areas near Pine Tree School. She was concerned about liability problems if someone is injured. She explained the path is under warranty and should be repaired by the contractor. Ms. Bastian also informed the Board of work on Indian Lake Rd. which caused the traffic to be interrupted. She questioned if the Township or residents had been notified. 12. ADJOURNMENT Moved by Kemp, supported by Cueny to adjourn the meeting. AYES: Barnes, Hall, Brown, English, Cueny, Kemp. NAYS: Skylis. MOTION CARRIED 6 -1. The meeting was adjourned at 10:50 p.m. Marie E. Engli , Clerk Charter Towns p of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. ----------------------------------------------------------------- ----------------------------------------------------------------- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* PUBLIC HEARING, MONDAY, AUGUST 2, 1993 RIDGE ROAD PRIVATE -TO- PUBLIC SAD The Charter Township of Orion Board of Trustees held a Public Hearing regarding Ridge Rd. Private -to- Public SAD at 8:00 p.m. at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MIN kg 7 PUBLIC HEARING. MONDAY AUGUST 2, 1993 RE: RIDGE RD SAD OTHERS: Morris Cucksey Jill Bastian Richard White Tom Yaste Larry Krzyzanowski Mike McCabe Susan Galeczka Rosa Lee Cucksey Karen Muz Mary Crawford James Yearego Frank Kunz Vicki Skok Tim Patterson Mark Perkoski Thomas Berger Chris Carr Cynthia Fraga Matt Ashton Jerry Green Terri Ashton The Public Hearing was called to order at 8:05 p.m. by Supervisor Brown. The Ridge Rd. SAD is being proposed to bring the road up to County specifications so that it can be taken over by the County. Mr. Brown explained the estimated total cost is $45,991 or $2874 for each of 16 parcels. Matt Ashton, 850 Ridge Rd., said he was disappointed by the high price for 900 feet of gravel road. He questioned the cost for tree removal and asked if anyone had gone out to look at the site. Mark Perkoski, Orchard Hiltz and McCliment, said his company goes out to the site and does a cursory review. The number of trees to be removed will not be known until the clear zone of the road has been determined by the topography. Mr. Ashton also questioned how the prices are determined and asked if the residents could bid out the project themselves. Mr. Perkoski explained these are estimated prices based on their past experience. If the residents proceed with the SAD, contractors bids will be received. Mr. Ashton asked if the road must other roads in Bunny Run which County which are not ditched. be ditched. He said there are have been turned over to the Treasurer Hall explained that County standards have changed fairly recently. Trustee Skylis suggested the homeowners form an association to deal directly with the County. Mr. Ashton was informed that the residents are responsible for their private road. Mr. Patterson said the residents usually own to the middle of the road. Mr. Ashton said his title does not show that they own to the middle of the road. Mr. Patterson said Mr. Ashton should have his title reviewed by his attorney. Terri Ashton, 850 Ridge Rd., explained that the original plat showed access right -of -ways for use of the road to get to the property. Their deed description does not show Ridge Rd. is a private road. Mr. Patterson said if that was the case, possibly the proprietor of the subdivision still owns the road. Ms. Ashton asked who was responsible for the road in this case. The Ashtons stated again that the cost estimate is very high and it would be difficult to pay in one year. Trustee Cueny said he received information from MTA that private roads can be financed by a bond to spread out the payments. Trustee Skylis suggested the neighbors get together as one association and contact their representatives regarding improving Bunny Run as one project. Mrs. Ashton said it would be difficult for individuals to organize an SAD for all of Bunny Run. The only association they have is a beach association. Mr. Ashton wondered if the bids might come in substantially lower than the estimate. He stop the SAD process if asked at the bid what is not point the residents could lower. Supervisor Brown said this is the engineer's best estimate and once the SAD proceeds there will be a certain amount of cost involved that must be paid. Mr. Ashton asked if the road must other roads in Bunny Run which County which are not ditched. be ditched. He said there are have been turned over to the Treasurer Hall explained that County standards have changed fairly recently. Trustee Skylis suggested the homeowners form an association to deal directly with the County. Mr. Ashton was informed that the residents are responsible for their private road. Mr. Patterson said the residents usually own to the middle of the road. Mr. Ashton said his title does not show that they own to the middle of the road. Mr. Patterson said Mr. Ashton should have his title reviewed by his attorney. Terri Ashton, 850 Ridge Rd., explained that the original plat showed access right -of -ways for use of the road to get to the property. Their deed description does not show Ridge Rd. is a private road. Mr. Patterson said if that was the case, possibly the proprietor of the subdivision still owns the road. Ms. Ashton asked who was responsible for the road in this case. The Ashtons stated again that the cost estimate is very high and it would be difficult to pay in one year. Trustee Cueny said he received information from MTA that private roads can be financed by a bond to spread out the payments. Trustee Skylis suggested the neighbors get together as one association and contact their representatives regarding improving Bunny Run as one project. Mrs. Ashton said it would be difficult for individuals to organize an SAD for all of Bunny Run. The only association they have is a beach association. 128 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES PUBLIC HEARING, MONDAY, AUGUST 2, 1993 RE: RIDGE RD SAD Discussion followed on determining who Mr. Patterson referred to documents supplied said the dedication language on the plat dedicated to the lot owners and proprietors the lot owners and proprietors. Clerk English said letters were received residents: owns the road. by Mrs. Ashton and shows the road is to be maintained by from the following Richard and Marilyn Kottke, 936 Ridge Rd., opposed Melinda and Jeff Serpan, 1367 Woodfield, opposed Jeffrey and Fran Olanger, 1287 Woodfield, opposed John and Diane Naren, 853 Ridge Rd., opposed John Blair and Nancy Lange, 750 Ridge Rd., opposed Tom Heeke, 901 Ridge Rd., opposed Christopher Olivich, 921 Ridge Rd., opposed Vicki Skok, 1290 Woodfield, stated she was opposed to proceeding with the SAD. Terri and Matt Ashton, were also opposed to the SAD. No further comment was received and the Public Hearing was declared held at 8:25 p.m. by Supervisor Brown. -% ingl- Marie E. Clerk Charter Towns p of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES BOARD MEMBERS PRESET: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall P.M.) ABSENT: Trustee Burke Cueny OTHERS: Leon Harrison Thomas Berger Mike McCabe Geri Gibbons Helen McAlpine Craig Spencer J. Mejta Steve Danton Tony Romeo Lois Whitham Mark Stepek Dave Berlin Dave Kowalik Susan Bretzlaff Cindy Fraga Don Novak Linda Hagberg Trustee Allen Barnes Trustee Peter Kemp Trustee James Skylis (8:00 Jill Bastian Mark Perkoski Carl Cyrowski William Gibbons Dennis Krause Mary Cleven Frank Kunz Cindy Danton Cheryl Bzdok Kathy Krezenski Diane Berlin Susan Klepper Joe Fraga Wm. Wrighton Mr. B. Goldstein Wm. Poppeck Mary Jo Vera Matt Schwartz Jim Milford Bonnie Stickney Archie McAlpine Paul Snapp Sally Whitty Donna Dishman M. Olski Michael Bzdok Don Moore Phil Gentile Norman Hagood Ed Bretzlaff Phil Bone Mrs. B. Goldstein Bret Abraham * M I N U T E S* REGULAR MEETING, MONDAY, AUGUST 16, 1993 The Charter Township of Orion Board of Trustees held a Regular Meeting, Monday, August 16, 1993 at 8:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, MI. A Public Hearing regarding Square Lake Level SAD was advertised to begin at 8:00 p.m. BOARD MEMBERS PRESET: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall P.M.) ABSENT: Trustee Burke Cueny OTHERS: Leon Harrison Thomas Berger Mike McCabe Geri Gibbons Helen McAlpine Craig Spencer J. Mejta Steve Danton Tony Romeo Lois Whitham Mark Stepek Dave Berlin Dave Kowalik Susan Bretzlaff Cindy Fraga Don Novak Linda Hagberg Trustee Allen Barnes Trustee Peter Kemp Trustee James Skylis (8:00 Jill Bastian Mark Perkoski Carl Cyrowski William Gibbons Dennis Krause Mary Cleven Frank Kunz Cindy Danton Cheryl Bzdok Kathy Krezenski Diane Berlin Susan Klepper Joe Fraga Wm. Wrighton Mr. B. Goldstein Wm. Poppeck Mary Jo Vera Matt Schwartz Jim Milford Bonnie Stickney Archie McAlpine Paul Snapp Sally Whitty Donna Dishman M. Olski Michael Bzdok Don Moore Phil Gentile Norman Hagood Ed Bretzlaff Phil Bone Mrs. B. Goldstein Bret Abraham CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINT ?Sv REGULAR MEETING, MONDAY, AUGUST 16, 1993 1. CALL TO ORDER The meeting was called to order at 7:00 p.m. by Supervisor Brown. 2. PLEDGE AND INVOCATION 4 APPROVAL OF BILLS I Moved by Kemp, supported by English to approve the bills for payment as presented in the amount of $65,988. AYES: Barnes, Hall, Brown, Kemp, English. NAYS: None. ABSENT: Skylis, Cueny. MOTION CARRIED 5 -0. 5. BRIEF PUBLIC COMMENT Jill Bastian, 913 Heights Rd., presented the Board with a book on parliamentary procedure. 6 APPROVAL OF AGENDA I Trustee Barnes asked that Item a., MSPO Conference, be removed from the Consent Agenda and be made Item 9E. ' The Pledge of Allegiance was led by Supervisor Brown Barnes. and the Invocation was given by Father Phalen, St. 5 -0. Joseph Catholic Church. 3. ROLL CALL Clerk English called the roll. All members were present except Trustee Cueny and Trustee Skylis. Trustee Skylis arrived at 8:00 p.m. 4 APPROVAL OF BILLS I Moved by Kemp, supported by English to approve the bills for payment as presented in the amount of $65,988. AYES: Barnes, Hall, Brown, Kemp, English. NAYS: None. ABSENT: Skylis, Cueny. MOTION CARRIED 5 -0. 5. BRIEF PUBLIC COMMENT Jill Bastian, 913 Heights Rd., presented the Board with a book on parliamentary procedure. 6 APPROVAL OF AGENDA I Trustee Barnes asked that Item a., MSPO Conference, be removed from the Consent Agenda and be made Item 9E. ' Moved agenda by Barnes, supported by Kemp as amended. AYES: Kemp, Brown, to approve the Hall, English, Barnes. NAYS: None. ABSENT: Cueny, Skylis. MOTION CARRIED 5 -0. 7 PENDING BUSINESS I A. PARKS AND RECREATION MATTERS. SENIOR VAN REPORT (memo* dated August 10, 1993 from Mark Vagi, Director of Parks and Recreation) Mr. Vagi reported that Lake Orion Schools have agreed to continue providing maintenance and insurance for the Senior Van on a reimbursement basis. The current insurance coverage will expire on July 1, 1999 and it is not anticipated that the van will need substantial maintenance or repairs until 1999. Mr. Vagi's report also included information on use of the van from January -July 1993. Trustee Kemp asked if Mr. Vagi was the liaison between the Safety Path Committee and Township Board. Supervisor Brown said the Safety Path Committee wanted a Board member to be the liaison but he would look into whether Mr. Vagi should fill that role. B. DPW MATTERS. REQUEST FROM CANTERBURY VILLAGE RE: PAYMENT OF CAPITAL AND LATERAL CHARGES (memo* dated August 11, 1993 from Richard White, Director of DPW) Mr. White had no objections to the request from Canterbury Village to pay capital and lateral charges of $159,625 over a period of ten years with interest. Moved by Hall, supported English to approve Canterbury Village paying water and sanitary sewer charges over a period of ten years. AYES: Barnes, Brown, Kemp, English, Hall. NAYS: None. ABSENT: Cueny, Skylis. MOTION CARRIED 5 -0. 130 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. MONDAY, AUGUST 16,'1993 C. ASSESSING DEPARTMENT MATTERS. LOT SPLIT REQUEST - SIDWELL # 09 -14- 226 -012. A lot Split dfiPliCati0i1 (93 -029) was received from Norman Akarakcian for vacant property near K -Mart with frontage on M -24 and on Clarkston Rd. The application has been reviewed and approved by the Building Official, Fire Chief and the Director of Public Works. Mr. White said an easement should be retained on Parcel A from M -24 to the east property line for future water main construction. Moved by Hall, supported by Barnes to approve the lot split for parcel #09 -14- 226 -012 contingent upon satisfactory arrangements for the water and sewer easement, a registered survey and legal description, and payment of all taxes. Trustee Kemp commented that the petitioner has not followed the Township Ordinances in the past when he cleared trees on another parcel he owns. AYES: Brown, Hall, Barnes, English. NAYS: Kemp. ABSENT: Cueny, Skylis. MOTION CARRIED 4 -1. D. ORDINANCE ADOPTION 1. TEXT AMENDMENT TO ORDINANCE #77, SIGNS. Supervisor Brown read the proposed Text Amendment* to Ordinance #77; Signs, as advertised for adoption. Moved by Hall, supported by Kemp to approve the Text Amendments to Ordinance #77, Signs, as advertised. AYES: Barnes, English, Hall, Brown, Kemp. NAYS: None. ABSENT: Cueny, Skylis. MOTION CARRIED 5 -0. 2. TEXT AMENDMENTS TO ORDINANCE #78, GREENBELTS /LANDSCAPING. Supervisor Brown read the proposed Text Amendments (PC- 92 -38 *) to Ordinance #78, Greenbelts /Landscaping as advertised for adoption. Clerk English asked the attorney whether it was within the authority of the Planning Commission which is a recommending body to waive or modify an ordinance requirement. She felt this was the responsibility of the Zoning Board of Appeals. Mr. Patterson said it could be done under special circumstances. Trustee Kemp said the proposed amendments made the terminology consistent throughout the ordinance. He explained that these matters usually involved a samvri'e-rather than a waiver. Gl � Trustee Barnes felt the amendments were a loosening of the greenbelts requirements at the discretion of the Planning Commission. He said he had utmost faith in the Planning Commission but he preferred to have a tighter ordinance with special circumstances being handled as exceptions rather than a rule by ordinance. Moved by Kemp, supported by Hall to approve the Text Amendments to Ordinance #78, Greenbelts /Landscaping as published. AYES: Brown, Kemp, Hall. NAYS: Barnes, English. ABSENT: Cueny, Skylis. MOTION FAILS FOR LACK OF SUFFICIENT MAJORITY 3 -2. 3. FIRST READING - ANDERSON REZONING REQUEST. Supervisor Brown announced this is a First Reading of the Anderson Rezoning Request (PC- 93 -14), a proposed rezoning from SE, RM -1 and R -3 to CB for 12 parcels totaling 20.3 acres on the west side of M -24 north of Scripps Rd.(Sidwell 09 -14- 300 -023, 024, 025, 026, 207, 028, 029, 030, 031, 035, 036 6 043. Clerk English stated this item will be advertised for action at the Tuesday, September 7, 1993 meeting. 131 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, AUGUST 16, 1993 4. FIRST READING - PAINT CREEK GROUP REZONING REQUEST. Supervisor Brown announced this is a First Reading of the Paint Creek Group Rezoning Request (PC- 93 -12) a proposed rezoning from Rec -2 to R -2 for 0.2 acres, part of Sidwell #09 -04- 151 -001, Stanton Rd., west of Newman. Clerk English stated this item will be advertised for action at the Tuesday, September 7, 1993 Regular Meeting. ' E. CONSENT AGENDA. Moved by Hall, supported by Barnes to approve the Consent Agenda (as follows) with the exception of Item la: Request to attend seminar - Fire Department. Authorized Inspector Robert Smith to attend Michigan Fire Inspectors Educational Seminar in Lansing (as outlined in the memo* dated August 9, 1993 to Supervisor Brown from Chief Key). Request to attend seminar - Treasurer's Office. Authorized Shirley Dingman, Deputy Treasurer to attend the Michigan Municipal Treasurer's Association Conference, October 3 -6 (as outlined in a memo* dated August 10, 1993 from Treasurer Hall). Application for Solicitors License. Denied request for Solicitors License from Larry Marr, based on a recommendation from OCSD. AYES: Kemp, Hall, English, Brown, Barnes. NAYS: None. ABSENT: Cueny, Skylis. MOTION CARRIED 5 -0. F. BOARD MEMBER COMMENTS. Supervisor Brown announced that Lt. Mike McCabe has been promoted and will be replaced by Lt. Bruce Naile. Also, Sgt. Bill Kucyk will be replaced by Sgt. Michael Elliott. Clerk English announced she has appointed Richard Scribner as her Deputy Clerk. Trustee Kemp asked the Clerk to forward any communication which the Township receives directly from TCI Cablevision to a Board representative on the Cable Commission. Treasurer Hall asked if Information Only items from the Township Attorney will be placed on a future agenda for action (including Salary /Benefits /Compensation, Mullins vs Orion, Dangerous Buildings Ordinance, Amendments to Ordinance #100). Clerk English said those items could be placed on the next meeting agenda. Trustee Barnes congratulated Lt. McCabe on his promotion. He also informed Board members the Cable Access Board sent representatives to a convention and Linda Sickles submitted a report which he will provide for a future packet. Also, John Berchtold reported on questionable material which is being produced as local access programming. Trustee Barnes said local governments should establish policies regarding what is acceptable material for this type of programming. Trustee Barnes also volunteered to attend meetings of the Clinton River Watershed Council. 9. NEW BUSINESS A. BALLARD DRAIN. This item will be addressed at a future meeting when County representatives can be present. 1 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. MONDAY, AUGUST 16, 1993 B. PROPOSAL FOR ATTORNEYS AND ENGINEERS. Agreements farm with both the Township Attorney and the Township Engineer expire on December 31, 1993. Moved by Barnes, supported by Kemp to go out for bids for both contracts and to advertise at the earliest convenience depending upon publications and dates. AYES: Hall, Brown, English, Kemp, Barnes. NAYS: None. ABSENT: Cueny, Skylis. MOTION CARRIED 5 -0. C. REQUEST TO ABANDON PART OF ARBROAK WAY (memo* dated ' August 10, 1993) RCOC has received a request from Bret Abraham to abandon the westernmost (601w x 5011) of Arbroak Way. The Board agreed to hold this matter until the next Regular Meeting so that Mr. Abraham can be present to answer questions regarding the reason for the abandonment. D. ROUNDTREE PLAT EXTENSION. Clerk English read a memo* dated August 10, 1993 regarding PC -90 -9, Roundtree FPP Extension Request. Moved by English, supported by Barnes to concur with the Planning Commission and to grant a one year extension of Roundtree Subdivision Final Preliminary Plat (PC -90 -9) to October 21, 1999 with the proviso that they conform to any new ordinances and any monies due to escrow accounts be paid. AYES: Kemp, Hall, Brown, Barnes, English. NAYS: ABSENT: Cueny, Skylis. MOTION CARRIED 5 -0. MSPO SEMINAR. Registration information has been re received regarding the Michigan Society of Planning Officials 1993 Annual Conference. Trustee Barnes said he did not want to discourage attendance at the conference but he felt a limit should be placed on the number of people approved to attend due to budget concerns. Treasurer Hall said she would inquire at the next Planning Commission Meeting regarding the number of members who are interested in attending. This item will be addressed at the August 30, 1993 Special Meeting. 10. PUBLIC COMMENT No public comment was received. ----------------------------------------------------------------- The Township Board temporarily adjourned from 7:55 - 8:00 p.m. Trustee Skylis arrived at 8:00 p.m. A Public Hearing regarding Square Lake Level Special Assessment District was held from 8:00 9:15 p.m. The Regular Meeting reconvened at 9:16 p.m. ----------------------------------------------------------- - - - - -- SQUARE LAKE LEVEL SAD. Supervisor Brown said he would meet with Frank Kunz and Trustee Barnes to discuss the allocations to be paid by the various property owners. Mr. Kunz said owners of Lakeview and Pleasantview and Little Square Lake should be represented. Discussion followed on the $5100 first year set up- , fees. Mark Stepek, 1501 Tipton and member of the DLA Board, felt some of the costs included in the set -up fees are not legitimate charges and he would like to negotiate with the Township on this item. Discussion followed on approving the Resolution* on the cost estimate. Mr. Patterson recommended that the committee meet to work out their differences and come back to the next meeting to pass a resolution. Mr. Patterson said another public hearing does not need to be held. He also recommended that the $5100 set -up fee be left in the estimate at this time. C CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MI14s3 REGULAR MEETING. MONDAY, AUGUST 16. 1993 SQUARE LAKE LEVEL RESOLUTION. cont... Moved by Englibhs 5uppf }1te6 by Hall to proceed adopt the Resolution with the understanding that the Supervisor will set the roll wit cost and with a meeting to be held regarding a G0 h solution before the next Public Hearing is set. AYES: Hall, Barnes, Brown, Skylis, English, Kemp. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. 11. ADJOURNMENT Moved by Kemp, supported by Barnes to adjourn the meeting. AYES: All. NAYS: None. ABSENT: Cueny. MOTION CARRIED 6 -0. The meeting adjourned at 9:30 p.m. Marie E. ng ish, Clerk Charter Township of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* PUBLIC HEARING, MONDAY, AUGUST 16, 1993 SQUARE LAKE LEVEL SPECIAL ASSESSMENT DISTRICT The Charter Township of Orion Board of Trustees held a Public Hearing regarding Square Lake Level Special Assessment District on Monday, August 16, 1993 at 8:00 p.m. at Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall ABSENT: Trustee Burke Cueny OTHERS: Leon Harrison Thomas Berger Mike McCabe Geri Gibbons Helen McAlpine Craig Spencer J. Mejta Steve Danton Tony Romeo Lois Whitham Mark Stepek Dave Berlin Dave Kowalik Susan Bretzlaff Cindy Fraga Don Novak Linda Hagberg Trustee Allen Barnes Trustee Peter Kemp Trustee James Skylis Jill Bastian Mark Perkoski Carl Cyrowski William Gibbons Dennis Krause Mary Cleven Frank Kunz Cindy Danton Cheryl Bzdok Kathy Krezenski Diane Berlin Susan Klepper Joe Fraga Wm. Wrighton Mr. B. Goldstein Wm. Poppeck Mary Jo Vera Matt Schwartz Jim Milford Bonnie Stickney Archie McAlpine Paul Snapp Sally Whitty Donna Dishman M. Olski Michael Bzdok Don Moore Phil Gentile Norman Hagood Ed Bretzlaff Phil Bone Mrs. B. Goldstein Bret Abraham The Public Hearing was called to order at 8:00 p.m. by Supervisor) Brown. A preliminary cost estimate* of $23,438 has been set to pay for the lake pump electric bill for Square Lake in the first year (an average of $88 per parcel). The cost estimate includes $5,100 in Township set -up fees in the first year, Township administration fees equal to 5% of the total assessment in following years, and Detroit Edison costs of $18,338 per year (based on 1992 bills). 134 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES PUBLIC HEARING MONDAY AUGUST 16 1993, SQUARE LAKE SAD It is proposed that the SAD be created for a period of 10 years with an annual redetermination of cost without a change in the special assessment boundaries. The projected incremental increases are 10% per year for the term of the improvement. Clerk English read a letter of support for the SAD from Jerry Moon, 1450 Kempster, Square Lake well project manager. Clerk English read letters of opposition to the SAD from the following property owners: William Gibbons, 1620 Newman Rd. Harold & Muriel Yuergens, 696 Lawson Dr. Yvonne Salisbury, 1622 Hillside Olive Gibbons, 1636 Newman Rd. Howard and Diane Paulson, 665 Joslyn Rd. Mike Kolomitz, 1075 Devon Susan Klepper, 745 Joslyn Rd. Evert & Glenna Kariala, 1060 Elkhorn Elizabeth Knibbe, Sidwell 409 -09- 426 -001 Richard Winter and Denise Hellen- Winter, 686 Pine Tree The following public comments were received: Mark Stepek, 1501 Tipton, member of the Disappearing Lakes Association (DLA) Board, spoke in support of the SAD to pay the cost of maintaining the augmentation well. He explained the pump is needed because the lake level has been shown to drop when the pump is turned off. There is $100,000 left in the DLA account which would pay approximately 5 years of Detroit Edison bills at $18,000 per year if the SAD is not approved. Mr. Stepek said the DLA Board met last week and, even though they do not totally agree with the $5100 first year set -up costs, they passed a resolution to pay the first year set -up costs out of their funds. They are asking the Township to remove the $5100 from the cost estimate for the SAD. The DLA would like to meet with the Township Board regarding how that figure was determined. They feel the regular clerical hours shown in the estimate have already been paid for by tax dollars. (Clerical hours listed do not include any overtime hours). Susan Klepper, 745 Joslyn Rd., Little Square Lake, read her letter* (received August 12, 1993 in the Clerk's office) listing her objections to the SAD. She explained that Little and Big Square Lakes are separate lakes and the pump mainly benefits Big Square Lake. Little Square Lake is a springfed lake which is not dependent on any other lake for water. She proposed that lakefront owners of Big Square Lake should share in the assessment directly in relationship to the ratio of benefit derived with Big Square Lake owners paying $537 yearly and Little Square Lake residents paying nothing. Frank Kunz, 1220 Kempster, said he lives on Little Square Lake and Ms. Klepper's statement is not based on fact. He said scientific studies show that Little Square Lake is fed by other surrounding lakes and that the level of Little Square Lake would also be down if the pump were turned off. He estimated if Big Square Lake was down 30 inches, Little Square Lake would be down about 24 inches, therefore, the owners of both lakes derive a benefit from the pump. He also commented that 1/3 of the lakefront owners are on Little Square Lake and 2/3 are on Big Square. He said there are five associations around the lakes and Gerri Gibbons, 1620 Newman, is the representative for Little Square Lake. Mr. Kunz said the DLA supports the SAD to pay the $18,000 yearly cost of the electricity for the pump. He concurred with Mr. Stepek that the DLA has agreed to pay the first year set -up costs out of DLA funds but they would like to meet with Township officials to review and justify the listed expenses. He pointed 1 135 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES PUBLIC HEARING, MONDAY, AUGUST 16, 1993, SQUARE LAKE SAD Jerry Mejta, 1406 Kempster, said he has been a resident since 1970. He concurred with Mr. Kunz regarding the need for the pump. He said the lakes are beautiful and all the real estate values in the area have benefitted. He felt some comprise could be worked out with Little Square Lake owners so that they pay a reduced share of the cost. Lois Whitham, 1434 Kempster, said the lake level has risen in the three years since she moved in and the lake is not usable without the pump. She strongly supported the SAD. Dennis Krause, 720 Pine Tree, supported an assessment of some kind but he was concerned about how the cost was distributed between lakefront owners and owners with lake access only. That cost is currently split 80%/20% between the 96% lakefront owners and 4% of lake access owners. He asked the DLA and the Board to review the percentage of the lake access footage to lakefront owners footage, review the usability of the lake access footage, and compare this data with other lakes in the area. He said the concerns of Little Square Lake owners, both on and off the lake, should also be considered. Mr. Krause felt Supervisor Brown could have some influence with the DNR that the DLA could not. Michael Bzdok, 1300 Erin Way, lake level. He said a handful come up with this solution. He is a single lake mass which trestle with a canal under should be treated equally. supported pumping to maintain the of people have worked very hard to said studies show that Square Lake is artificially divided by a train it. He felt all lakefront owners Donna Dishman, 689 Joslyn, supported the SAD but asked if the assessment will be on the tax bill or if the owners will be! allowed to pay the assessment separately. Treasurer Hall said' the assessment would be on the tax bill and no SAD is billed separately. Ms. Dishman was concerned that the assessment on the tax bill would affect escrow accounts for some taxpayers. She also objected to paying for additional Township clerical costs' which she feels taxpayers already pay. Diane Berlin, 1280 Erin Way, spoke in support of the SAD. She !I said there was 100 feet of sand and weeds near her home before, the pumping began. Her family and neighbors now enjoy many lake activities. She also felt lake access owners enjoy the benefits of lake and should share the cost equally. William Gibbons, 1620 Newman Rd., was opposed to the pumping to maintain the lake level. He compared Big Square Lake to a "leaky bucket" and said the leaking should be stopped before more money is spent to pump ground water into the lake. (Frank Kunz) out that these services are now provided by the Township based on a letter of request. He was also concerned about the 5% additional cost for yearly administration and the compounded incremental increase of 10% which could be added upon yearly redetermination. Mr. Kunz supported the SAD because maintaining the lake level was absolutely essential. Brief discussion followed on the past history on this case. Mr. Kunz said the residents have not received any satisfaction from the DNR. Gerri Gibbons, representing 42 lakefront owners on little Square ' Lake, said they were opposed to the SAD as proposed. Mrs. Gibbons gave background on this matter and commented that past reports show that Little Square Lake is higher than Big Square Lake. She said there are many retirees and limited income residents on Little Square Lake. They would like to see the water level at its current level but they also want Little Square Lake residents pay according to benefit received. She felt the Township was partially responsible for the development which caused the lake level to drop and should be partially responsible for paying the cost. Clerk English explained the Clerk's office has a background file on Square Lake which is available for review. Jerry Mejta, 1406 Kempster, said he has been a resident since 1970. He concurred with Mr. Kunz regarding the need for the pump. He said the lakes are beautiful and all the real estate values in the area have benefitted. He felt some comprise could be worked out with Little Square Lake owners so that they pay a reduced share of the cost. Lois Whitham, 1434 Kempster, said the lake level has risen in the three years since she moved in and the lake is not usable without the pump. She strongly supported the SAD. Dennis Krause, 720 Pine Tree, supported an assessment of some kind but he was concerned about how the cost was distributed between lakefront owners and owners with lake access only. That cost is currently split 80%/20% between the 96% lakefront owners and 4% of lake access owners. He asked the DLA and the Board to review the percentage of the lake access footage to lakefront owners footage, review the usability of the lake access footage, and compare this data with other lakes in the area. He said the concerns of Little Square Lake owners, both on and off the lake, should also be considered. Mr. Krause felt Supervisor Brown could have some influence with the DNR that the DLA could not. Michael Bzdok, 1300 Erin Way, lake level. He said a handful come up with this solution. He is a single lake mass which trestle with a canal under should be treated equally. supported pumping to maintain the of people have worked very hard to said studies show that Square Lake is artificially divided by a train it. He felt all lakefront owners Donna Dishman, 689 Joslyn, supported the SAD but asked if the assessment will be on the tax bill or if the owners will be! allowed to pay the assessment separately. Treasurer Hall said' the assessment would be on the tax bill and no SAD is billed separately. Ms. Dishman was concerned that the assessment on the tax bill would affect escrow accounts for some taxpayers. She also objected to paying for additional Township clerical costs' which she feels taxpayers already pay. Diane Berlin, 1280 Erin Way, spoke in support of the SAD. She !I said there was 100 feet of sand and weeds near her home before, the pumping began. Her family and neighbors now enjoy many lake activities. She also felt lake access owners enjoy the benefits of lake and should share the cost equally. William Gibbons, 1620 Newman Rd., was opposed to the pumping to maintain the lake level. He compared Big Square Lake to a "leaky bucket" and said the leaking should be stopped before more money is spent to pump ground water into the lake. 136 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES PUBLIC HEARING, MONDAY, AUGUST 16, 1993, SQUARE LAKE SAD Steve Danton, 1187 Heights, was in favor of the SAD. He commended the DLA for their work on this project over the years. Tyler Schmitz, 1596 Lakeside, was in favor of the SAD. Joe Fraga, 1270 Kempster, was also in favor of the SAD to maintain the lake level. Phil Bone, 1497 Heights, was in support of the SAD and commended the DLA for their efforts. He felt everyone who benefits should be assessed accordingly and that the improved lake increases the value of property in the area. He said homeowners were willing to pay the cost of electricity but he thought the Township administrative charges were too high. Cheryl Bzdok, 1300 Erin Way, DLA Treasurer, supported the SAD. She pointed out that Square Lake is the cleanest lake in the area and has never been chemically treated or harvested. She said this is a community asset which needs to be maintained. Dave Berlin, 1280 Erin Way, was in favor of the SAD. He said the lake has been restored to the way it was when he purchased the property 16 years ago. Bill Wrighton, 1551 Pleasantview, said everyone agreed that maintaining the lake level is the proper thing to do but disagreed on apportioning the cost. He suggested that representatives of each homeowners association meet to decide what is a fair balance. Mr. Stepek also suggested meeting with the Township officials regarding the administrative costs. Mr. Krause concurred with Mr. Stepek and Mr. Wrighton and recommended that the lake access owners be represented as well as the DNR. Phil Gentile, 1684 Newman Rd., suggested the Township set up the SAD at no cost because of the hardship the residents have faced over many years of trying to solve this problem. He also felt lakefront lots should pay a greater share of the cost than lake access owners. He recommended that all pumping for watering lawns should end or an additional charge should be made. Mary Cleven, 1543 Pleasantview, preferred to pay increased taxes for the improvements in the lake. Ed Bretzlaff, 1626 Newman, was in favor of the SAD. He said Square Lake is one body of water and that has always been the case. He also felt the details of the SAD could be worked out if the Board takes action to proceed. Further discussion followed on the recommended 80/20 cost split for lakefront and lake access owners. Mr. Kunz said that recommendation was discussed with the previous Supervisor and Oakland County and was based on summer and winter access and usage. He felt this item could be renegotiated. He suggested that Gary Thede or Larry Krause could represent off lake owners. Michael Manion, 1447 Heights, was willing to pay an additional amount to water his lawn. No further comments were received and the Public Hearing was declared held at 9:15 p.m. Marie E. E g' Marie E. Eng sh, Clerk Charter Town hip of Orion Transcription: Mary Jane Shields *On file in the Clerk's office. THIS MEETING IS ON TAPE. C 1 137 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N 'U T' E S'* SPECIAL MEETING, MONDAY, AUGUST 30, 1993 The Charter Township of Orion Board of Trustees held a Special Meeting, Monday, August 30, 1993 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Treasurer Suzanne Hall ABSENT: Clerk Marie English OTHERS: Sharon Smith Susan Galeczka Don Rush Eric Lewis Darrel Cole 'Jill Bastian Richard White Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis The meeting was called to order at 7:00 p.m. The secretary called the roll. All members were present except Clerk English and Trustee Skylis. F -:�•� �• �� •s AGREEMENT Clerk English proposed signing an agreement* with the Oakland Press for Township legal advertising. The agreement would cover the period September 1- December 3, 1993 at a rate of $9.50 per column inch. Clerk English felt legal notices would reach more people in the Oakland Press because its local circulation is larger than the Orion Review. Also, the Oakland Press is a daily paper which would allow more flexibility in advertising deadlines. Trustees had questions regarding the need for the change from the local paper, the possibility of advertising in a new local edition of the Oakland Press, the difference in cost between the two papers, and whether this was an exclusive contract. Don Rush of the Lake Orion Review addressed the Board regarding the Lake Orion Review's rate structure which is $3.69 per column inch. Mr. Rush said that rate was good as long as the Board wanted it. He also handed out information comparing the Review's rates and circulation with the Oakland Press and asking to be part of any bid process. Moved by Cueny to negate the Oakland •Press contract based on $9.50 per legal inch when the Township can get a less expense local rate at $3.69 per inch for the Township business which must be conducted during the year. Discussion followed on holding this item over until the next meeting to consider other options. Trustee Cueny withdrew his motion. Moved by Hall, supported by Barnes to table Item 1 on the agenda until the September 7, 1993 meeting. AYES: Cueny, Kemp, Barnes, Hall, Brown. NAYS: None. ABSENT: English, Skylis. MOTION CARRIED 5 -0. I CHARTER TOWNSHIP OF :ORTON 'BOARD OF 'TRUSTEES AhT:iAH',: MINUTES SPECIAL MEETING, MONDAY, jAUGUST 30; 1993 (. '.!. ---.'. )UA ff.C40M FAIV13M .'A' -,aiQ% 2. MSPO ANNUAL CONFERENCE Moved by Barnes, supported by Hall to approve Planning Commission members, that so wish and Mame .Rusch, Building and Planning Coordinator, to attend the MSPO Annual Conference to be held October-(,14 L6.- ?1993)at:.i Grand Rapids at the rate as stated in the memo* dated August 26, 1993 ($358.50 per person). Trustee Kemp did not want to set a precedent by limiting this conference to Planning Commission membersjA only. AYES: Kemp, Brown, Hall, Barnes, Cueny. NAYS: None" ABSENT: English, Skylis. MOTION CARRIED 5 -0. S • e" y Treasurer Hall questioned why this item was on the agenda since it has been part of "Information Only" in the past. Sharon Smith,.Bookkeeper, explained this is an agenda item so there would be time for Board members to ask questions. Moved by Hall, supported by Kemp to table this item until the September 7, 1993 meeting for an explanation as to why it is on the agenda, AYES: Barnes, Cueny, .Hall, Kemp..' NAYS: Brown. ABSENT: English, Skylis. MOTION CARRIED 4 -1. ----------------------------------------------------------------- Trustee Skylis arrived at 7:25 p.m. --------------------------------------------- ----- --------- - - - - -- Moved by Kemp, supported by Cueny to proposed •1994 millage rates and appropriate notice six days prior Hearing: .General Fire • Safety• Police Operating .9974 1--.9599', .: Path 20375 :959'9' set the following to publish the to the Public - AYES: `Hall, Brown,'Barnes, Skylis,-Cueny, Kemp. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0: 5. SET TRUTH —IN— TAXATION PUBLIC HEARING ' Moved by Kemp, Taxation Public at 8:00 p.m. Barnes, Kemp. CARRIED 6 -0. supported by'Barnes to'set a Truth -in- Hearing for Tuesday, September 7; 1993 AYES: Skylis, Brown, Hall, Cueny, NAYS: None. ABSENT: English. MOTION Supervisor Brown referred to a list of large items which must be considered in the 1994 budget including: Roof repair, $15;000 , Carpet in lower level, 12,000 Parking lot repairs, $124,000 Replace tractor or contract grass cutting, $16,000 Replace phone system, approximately $12,000 139 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES SPECIAL MEETING. MONDAY, AUGUST '30: 1993"4;'` "0 ' 1994 BUDGET WORK SESSION, cont... Treasurer Hall said the printer for the AS /400 also needs to be replaced at a cost of approximately $10;000. Discussion followed on making space in the present Township Hall for new Building Department employees. ' Tom Berger, Building Official, said he is drawing up plans for more efficient use of his current space including new furniture and 'filing systems. Trustee Kemp suggested making space in the lower level. WATER /SEWER FUND Richard White, Director of Public Works, referred to information he prepared showing estimated 1993 figures and proposed 1994 figures. Discussion on Expenditures included the following items: 703 - Non - Supervisory Salaries - increase $10,000 for overtime due to an increase in the number of r'wbter taps. Mr. White preferred to pay overtime rather than adding a new employee. 914 - Auto insurance - increase to $12,000 due to anticipated increase in rates and addition of a vehicle. Trustee Cueny said Mr. White should anticipate an increase in office rent this year. Mr. White objected because there was a large increase last year from $600- $1000 per month and he did not feel another increase could be justified. 976.1 - Capital Outlay - Mains, includes an amount to hook up Orion Cove Apartments. • This item may be affected by the agreement with the Village of Lake Orion. WATER AND SEWER FUND - Revenues. `.e Mr. White said the proposed agreement with the Village has not been included in revenue figures. More definite figures will be available when an agreement has been signed. 676.6 - Contribution /Host Fee - decreased because the majority of water hookups to homes affected by the landfill should be completed in 1993. GENERAL FUND - Revenues. 403 - Property Tax - Treasurer Hall estimated this figure would increase to $686,000. 460 - Liquor License Fees - Sharon Smith, Bookkeeper, said this item must now appear in the Liquor Law Enforcement Fund (212- 000 -460). 481 -484 - A general increase in Building permits and fees is anticipated in 1994. 664 - Interest Earned - Decrease due to lower rates on investments. Treasurer Hall said she was being conservative on these figures. 664.1 - Interest -Tax - Interest earned before taxes are turned over to schools. Treasurer Hall did not feel this revenue should be counted on in the 1994 Budget due to changes in state law. 1 M CHARTERyTOWNSHIP OF�,,-ORIONIBOARDI=OFjt 1994 BUDGET WORK SESSION, cont... ESA,; q1H- gwj)TMiNUT;ES, 668 — Rents & Royalties - Treasurer Hall would like to discuss the Water and Sewer Department rent with the Supervisor, Mr. White and the bookkeeper to determine if this is a reasonable charge for building space and support services. Mr.. White,, did not object to paying rent but he felt,.the Township was obligated to provide support services by law. , GENERAL FUND - Expenditures General Activities Ot!(c'i AJW38�9:9:AW 729 - Publications and Subscriptions - reduced to $1000.1 New subscriptions and renewals are reviewed by the, Supervisor. 732 - Xerox Rental - Brief discussion on-breaking the rental contract. 804 - Planning Consultant - Trustee Cueny felt this ..,item was too high at,$15,000. The Planning Consultant contract expires in 1993. Brief discussion followed on other consultant items. 807 -; Data Processing Charges - This figure was increased to $20,000 to include charges for program language conversion. 901 - .Legal Notices - This figure,should be $7000. .936 - Repair /Maint - „Equipment. Large decrease due to removal of data processing services expense (now 807). 964.4 Clean Sweep Program - Includes $15 onetime per year reimbursement to citizens for dumping. Sharon Smith .suggested increasing the reimbursement amount because the cost of dumping has increased. 977 - Capital Outlay, Equipment •�•44520,;,000,> a,Mayginc.lude 11 a new printer for the AS /400 and a new phone system. ----------------------------------------------------------------- The Township Board temporarily recessed from 8:43 78:56 p.m. ------------------------------------------------------ ----- -- - - -- FIRE FUND - Expenditures. d.JVL Fire Chief Jeff Key referred to a .handout* with proposed 1994 budget figures for the Fire Fund.. 703 - Salaries, Non-Supervtsory;�;, Thisp ,- itemvV was increased based on changing the Fire Inspector from a 35 hour to a .40 hour week. I iOP 707 - Fire Fighter Compensation - Chief Key proposed a $1 per hour increase in the base pay for paid -on -,call fire fighters. The last increase for paid -;on -call personnel was in 1990. Trustee Barnes commented this is approximately a 6% increase over a two year period. He felt this could be a problem if other.,Township employees are limited to.a 3% increase. Chief Key felt the increase was necessary to make Orion Township competitive with other paid -on -call departments lin,the area. :He.anticipated spending $165,000 by year end in 1993. 708 - Dispatch Services - $48,000 - This amount; is based on continuing,the contract with, the Village and with a possible increase. i 141 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES SPECIAL MEET , I .. 1994 BUDGET WORK SESSION, cont... 718.1 - Firemen's Pension - Chief Key recommended budgeting $15,500 based on a $195,000 estimated cost of compensation. 722 - W fkCH ORID @115ation Insurance - Increase due to an overall increase in insurance rates, as well as a change in the way payroll is reported to the insurance carrier. 861 - Mileage - decreased by $2000 because the Fire Inspector will be driving a Fire Department vehicle instead of his own car. 977 - Capital Outlay - Equipment. Increase to cover the costs of equipment to outfit the three new rescue units that will be placed in service in late 1993 or early 1994. FIRE CAPITAL IMPROVEMENT FUND - Revenues. 676.2 - 'Contribution /Fire Fund - Increased to $125,000. Chief Key preferred to spend a little less in operations and put those funds towards capital improvements. FIRE FUND - Revenues. '627 - Fire Protection Charges - Oakland Township and Lake Angelus pay a $5000 retainer fee plus charges for fire runs. ' ....FIRE CAPITAL IMPROVEMENT FUND - Expenditures 978 - Capital Outlay - Apparatus. Line item proposed to allow the purchase of a new pumper /tanker apparatus to replace an existing outdated unit. Chief Key explained that Fire Capital Improvement, with this year's contribution plus interest, will have funds available of $483,000. When the three rescue units are delivered there will be an expenditure of $384,000 - leaving an estimated carryover of $99,321. The additional contribution of $125,000 plus $5000 in interest makes funds available of $229,321 less the $200,000 budgeted in 1994 for the vehicle. He said there would also be a Fire Operating Carryover of $350,000 and he would like to transfer up to $150,000 to Fire Capital Improvement to help cover the expense. ----------------------------------------------------------- - - - - -� Jill Bastian, 913 Heights Rd., suggested budgeting additional compensation for the Planning Commission so they can spend the time required to review and update ordinances. ADJOURNMENT ' Moved by Hall, supported by Skylis to adjourn the meeting. AYES: Brown, Cueny, Barnes, Hall, Skylis, Kemp. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. The meeting adjourned at 9:35 p.m. Marie E. Engl h, Clerk Charter Township of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. 14-2 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES - £ppr * M I,,,NI,U,,T E.. A.inm nvmpam 1_A1-)39Z SPECIAL"MEETINGo-'TUESDAY, SEPTEMBER 7-1 1993 BALLARD DRAIN The Charter Township of Orion Board of Trustees held a Special Meeting, Tuesday, September 7, 1993 at 6:30 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESE Supervisor Doug Brown Clerk 'Marie English Treasurer Suzanne Hall ABSENT: Trustee Allen Barnes Bert Colbeth Joseph Kozma Bonnie Stickney Gloria Griffin Steven Brubaker Kurt Townsend Bret Abraham Elaine Pantak Dennis Farr Louise McNabb Mark Vagi Gerald Marchioni .t� Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis (7:25 p.m.) I. Colbeth Peggy Johnson•. Larry Obrecht Leon Cudnohufsky Robert Fredericks ' J.D. McBride Carl Cyiowski Jill Bastian Bill Bowman Mary Bowman Jon) Thomerson, [Mr °vc,Sharon,.Be -11 . ,1 i ei Sue Young' Betty McDowell Clarence Rossman., Bob. Cooney z:dC,� J. Jain Eugene McNabb •, Bud Mueller John Arsen Stephanie Drobot Jim Milford �. The Special Meeting was held to discuss Ballard Drain and other drains in the Township. Supervisor Brown called the•.meeting to order it 6:40 p.m. Clerk English called the roll. All members were present except Trustee Barnes and Trustee Skylis. 11 Supervisor Brown, ,introduced Bob.'Fredericks,.Chief Deputy Drain Commissioner for Oakland County, Joe Kozma, Assistant Chief Engineer for Oakland County, and Peggy Johnson, Clinton,Watershed Council. Mr. ,Fredericks explained that Ballard., Drain;,�located on E. Clarkston Rd:, 'east of the K -Mart is .a Chapter 20. storm drain which was created in 1966 by action of the,Township Board. He referred to a map* showing the drainage zone for Ballard Drain which consists of open ditches running to a pipe structure on Clarkston Rd. and continuing to the north. u A failure of Ballard Drain,in.the spring of 1993 caused.flooding on E. Clarkston Rd. Attempts were made to clean the drain but it was necessary to break through the closed system to make repairs. The Township will have to pay 'a portion of the'cbst, to return Ballard Drain to a closed system. Under the County Drain Code, the Township is responsible for approximately 83.87% of the cost of maintenance and operation. Oakland County is responsible for the remaining 16 %. The cost to repair the drain is estimated'to be $20,750. In addition, as of July 31, 1993, the Ballard Drainage District showed a deficit fund balance of $10,500 which must be repaid to the Oakland County Drain Revolving Fund for past expenses. Mx.yNFredericks referred to a- list of Ballard Drain - assessments* and expenditures* since 1969. At a meeting of the Drainage Board for'Ballard Drain held July 13, 1993,'a,Special•Assessment Roll was proposed in the amount of $25,000 to pay the amount in arrears and to repair the drain. Supervisor Brown was concerned about the Township's ability to pay a large apportionment in this budget year, so the assessment was split leaving $12,500 with the Township's share of the current apportionment being $10,484.71. The balance of the apportionment would be paid over the next 1 -2 years after the exact cost of repairs has been determined. y 1 143 CHARTER TOWNSHIP OF ORION BOARD .OF TRUSTEES MINUTES SPECIAL R Discussion followed on funding. Mr. Kozma explained that th Township could not set up an SAD for a Chapter 20 drain and h did not know if Federal CDA funds would be available for thi project. He said the funds have come from khe General Fund in the past. Mr. Kozma explained how the repairs to Ballard Drain will be made. He said the soil in the area is a very poor, silty material and a section of the drain collapsed causing it to separate at the joints. Soil borings have been done and based on those reports, final cost estimates will be prepared and bids will be taken for construction. Preliminary estimates* are based the cost to remove 142' of 24" diameter concrete pipe, float 150' of 24" plastic pipe on special bedding, create a new manhole, stabilize the ground around the drain, reditch and replant the area. Mr. Kozma said this method is costly but would prevent a future break. He hoped work could begin before winter. He also commented the new subdivision to the west would not impact the drain. Trustee Skylis arrived at 7:05 p.m. „t Mr. Kozma referred to a map of existing drains in the Township including Brown Drain. He explained the majority of the drains were created many years ago by petition of residents usually for agricultural purposes. These drains are inadequate for current needs and only receive a minimum of maintenance. He recommended that the Township consider putting aside funds on a regular basis for stormwater management. A Township millage of .25 -.50 mills would allow accumulation -of funds,for maintenance of existing drains and new projects. He suggested that the Township consider putting a millage question on the 1994 ballot. Peggy Johnson, Clinton Watershed Council, is available to work with a citizens committee'to educate voters on the importance of stormwater management and infrastructure maintenance. Moved by Kemp, supported by English to adjourn the Special) Meeting. AYES: Cueny, Hall, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. The meeting adjourned at 7:20 p.m.' Transcription: This meeting is *On file in the Mary Jane Shields on tape. Clerk's Office. Marie E. En ish, Clerk Charter Township of Orion 1 -. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* REGULAR MEETING, TUESDAY, SEPTEMBER 7, 1993 The Charter Township of Orion Board of Trustees held a Regular Meeting, Tuesday, September 7, 1993 at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. The Regular Meeting was preceded by a Special Meeting which was held 6:30 p.m. A Truth -in- Taxation Public Hearing was advertised to begin at 8:00 p.m. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis LC 4A TOWNSHIP OF�ORION4B0. ABSENT: Trustee Allen Barnes OTHERS: Bert Colbeth Joseph Kozma Bonnie Stickney Gloria Griffin Steven Brubaker Kurt Townsend Bret Abraham Elaine Pantak Dennis Farr Louise McNabb Mark Vagi Gerald Marchioni I. CALL TO ORDER {A!, I. Colbeth Larry Obrecht Robert Fredericks Carl Cyrowski Bill Bowman Jon Thomerson Sue Young Clarence Rossman J. Jain Bud Mueller Stephanie Drobot -n Li -I :: i'WE MINUTES 4� Peggy Johnson Leon Cudnohufsky J.D. McBride Jill Bastian Mary Bowman Sharon Bell Betty McDowell Bob Cooney Eugene McNabb John Arsen Jim Milford The meeting was called to order at 7:32 p.m. by Supervisor Brown. The Pledge of Allegiance was led by Supervisor Brown and the invocation was given by Rev. Steve Brubaker, Orion Oaks Baptist Church. 3. ROLL CALL Clerk English called the roll. All members were present except Trustee Barnes. 4. APPROVAL OF`MINUTES A. REGULAR MEETING - AUGUST 2, 1993. Moved by Kemp, supported by Skylis to approve the minutes of the Regular Meeting of August 2, 1993 as submitted. AYES: Cueny, Hall, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. B. RIDGE RD. SAD PUBLIC HEARING - AUGUST 2, 1993. Moved by Hall, supported by Kemp to approve the minutes of the Ridge Rd. SAD Public Hearing as submitted. AYES: Kemp, Skylis, English, Brown, Hall, Cueny. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. C. REGULAR MEETING - AUGUST 16, 1993. Moved by Kemp, supported by Skylis to approve the minutes of the Regular Meeting of August 16, 1993 as corrected (page,,. 4, paragraph 2 and page 7, paragraph 5;change comprise, to compromise). AYES: Cueny, Hall, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. D., SQUARE L_AKE,,LEVEL SAD ,PUBLIC HEARING AUGUST 16, 1993: 'Moved by'Hall,: supported %1 y`Kemp' to approve the minutes of the Square 'Lake', Level, ,SAD,.Public ,Hearing of August '16, 1993 as ` 'submitted.��AYES: Skyl`is, English, Brown, Cueny, Kemp, Hall. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. 5. APPROVAL OF BILLS Trustee Cueny had several questions on the attorney bills which were referred to the Township Attorney. Trustee Kemp questioned whether the expenditure for Ericsson - GE Mobile Base Radio "`(page` 4)``Yiad 'been approved by the Board. This item will be held until more information is received from the Chief Key. i 145 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING TUESDAY SEPTEMBER,? , 1993 BILLS, cont... Moved by Cueny, supported by Kemp to approve the bills for payment in the amount of $29,593.95 (excluding the bill for Ericsson - GE Mobile Base Radio - $9197.35). AYES: Hall, Brown, Skylis, Kemp, Cueny. NAYS: English. ABSENT: Barnes. MOTION CARRIED 5 -1. 6 BRIEF PUBLIC COMMENT Larry Obrecht, County Commissioner, 3rd District, informed the Board that the Oakland County Sheriff's contract will be coming before the Public Services Committee in the next 30 days. Due to budget problems at Oakland County, there has been some discussion of "full cost recovery" on the contract which could significantly increase the costs to the Orion Township. Mr. Obrecht recommended the Board be in contact with the County and Sheriff's Department administration regarding holding the line on contract rates. Whitey McBride, 1605 Heights Rd., owner of Snug Harbor Marina, said h6 has heard that changes are planned in the intersection of Heights Rd. and Odanah. He asked to be notified if this item is on the agenda. Sharon Bell, 1036 McClellan, addressed the Board on behalf of her son. He received al "Icitation from the Township for raising chickens (considered livestock) in his yard as a 9 -H project. This use is not permitted on property of less than 2.5 acres. She asked the Board not to have the chickens removed before this matter is resolved. ' Mrs. Bell said her son was given 7 days, ending today, to remove the chickens or face a court appearance. She has presented her case to' the Planning Commission. They recommended that she appear before the Board to request a temporary moratorium until the ordinance can be reviewed. She was -also directed to ask the Board to waive the $100 fee to appear before the Zoning Board of Appeals for an interpretation of the ordinance. Mr. Patterson did not recommend making an exception to an existing ordinance by granting a moratorium. He recommended the Board refer this matter to the Planning Commission for amendment of the ordinance to make provisions for special cases. He said Mrs. Bell also has recourse through the ZBA but any exception granted would have to be based on the criteria in the ordinance. Several Board members and citizens spoke in support of dismissing the citation and referring this matter to the Planning Commission for amendments to the ordinance to allow exceptions for special projects and to address the definition of pets vs livestock. There was also general agreement among Board members to waive the $100 fee if this case needs to be addressed by the ZBA. Moved by Kemp, supported by Skylis that the matter of the 9 -H pets be held in abeyance until the Planning Commission has reviewed the ordinances and returned with a recommendation to the Township Board. AYES: Cueny, Hall, Brown, English,,Skylis, Kemp. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. Moved by Kemp, supported by Skylis to authorize the Supervisor to request a dismissal of the citation in the 146 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. TUESDAY, SEPTEMBER 7p_ 1993 r•i• *,,.,,.., .•, , �» PUBLIC COMMENT. cont... case of the 4 -H animals. AYES: Kemp, Skylis, English, Brown, Hall, Cueny. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0.' The Township Board will refer this matter to the Planning Commission and contact Mrs. Bell regarding any necessary action. • • Don Rush, Lake Orion Review, askedLif- the_„contract for legal advertising with the-Oakland Press was in lieu of or in addition to advertising in the Orion Review. '1 Clerk English said this matter will be addressed at the next meeting when representatives from the Oakland Press can be present. Elaine Pantak, 1930 Indianwood, asked when Board meetings would be broadcast live on cable. Trustee Kemp said live broadcasts would not be possible for several more months. TCI .,is attempting to get sufficient support.equipment and,volunteers. ----------------------------------------------------------------- The Township Board temporarily adjourned from 8:20 -8:28 p.m. to hold a Truth -in- Taxation, Public Hearing. The Regular Meeting reconvened at 8:29 p.m. , ----------------------------------------------------------- - - - - -- r SET 1994 MILLAGE RATES. Moved. by Kemp, supported by Skylis to set.the,following,mil' lage rates for 1994: . f General Operating ,.9974 Fire ,, .9599, Safety Path 20375,° Police .9599 ' and to notify! „Oakland County of the rates. AYES: Cueny, Hall,-Brown,.-English, Skylis, Kemp. NAYS. None. ABSENT.: Barnes. MOTION CARRIED 6 -0. 7. APPROVAL OF AGENDA y Moved by Cueny, supported by Kemp to approve the agenda as amended (as follows): Re- letter Items 8F through H, with Board Member Comments to become 8.5 to correct a clerical error. Item 8G -3 should be "Request to Abandon Arbroak Way Road.” ,G Remove Item 8B -1, Village Water Agreement. , This item will be placed on the next agenda. Remove Item 8H -1, Request for Cider Stand,_ from the Consent Agenda, move to become Item 9F. Add Item 9G - Waiver of Fees for Freedom of Information Requests. AYES: Cueny, Hall, Brown, English, Skylis, Kemp. ' NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. A. ATTORNEY MATTERS - representing Larry proposed change t entered on November for the vacation of County Club #4 (now MULLINS,VS ORION. Carl Cyrowski, Mullins, updated the Board on a D the Consent Judgment which was 12, 1992 in this case. It provided certain private roads in Bunny Run called Indian Hills) with 147 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, TUESDAY, SEPTEMBER 2, 1993 ' MULLINS VS. ORION COnt... provisions to be met by Mr. Mullins. Mr. Cyrowski, referred to a map* of the area. Residents have unanimously approved the changes as outlined in a letter* dated April 20, 1993 from Daniel Burrell, Golfview Homeowners spokesperson. The changes include signage on Golfview and Hillcrest and an agreement by Mr. Mullins to pay half the cost of paving Golfview and a promise not to install the platted road. Mr. Patterson said James Porritt, Attorney for Mr. Mullins, will prepare .an amendment to.the court order which will be brought back to the Board for final approval. Mr. Patterson also asked that all owners within 300 feet be notified and that a spokesperson for the homeowners be identified. It was determined that Andy Moschea, 851 Grix Ct., was not previously notified because he is not within 300 feet of the proposed vacation. Also, his interest in abandoning Grix Ct. is a separate matter. FIRE DEPARTMENT BILL. Clerk English explained that the bill for Ericsson - Mobile Base Radio is a replacement for a unit which was damaged by lightening and is being covered by insurance. Moved by Kemp, supported by Cueny to approve payment of the bill for Ericsson - Mobile Base Radio in the amount of.$9197.35. AYES: Skylis, English, Brown, Hall, Cueny, Kemp. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. Moved by Kemp, supported by Skylis to,;authorize sending a' letter to Golling Pontiac .requesting that the required safety path be,.installed .per their approved site plans within'365 days (l year) and that a copy of the amended ordinance be sent. with_the, letter so the developer is' aware of his responsibility with regards to the necessary permits, fees, inspections, and escrow; and that the developer be asked to contact the Parks and Recreation ;Department to coordinate the installation of the path with other projects in the area. AYES: Cueny, ,Hall, Arown, Skylis, :Kemp..NAYS: English. ABSENT: Barnes. MOTION CARRIED 5 -1. f Clerk English was concerned that-the Board has not been consistent in asking developers and businesses to install paths. Mr. Vagi said the usual practice has been to ask businesses to install the paths or contribute to the Safety Path Fund. B. DPW MATTERS - VILLAGE WATER AGREEMENT. This item was held over until the September 20, 1993 meeting. C. PARKS AND RECREATION MATTERS. 1. AWARD CONTRACT FOR FLINTRIDGE /MAYBEE SAFETY PATH (memo* dated September 1, 1993 from Mark Vagi, Director of Parks and Recreation) Upon recommendation of the Safety Path Committee, a motion was made by ' Cueny, supported by Hall to award the bid for the Flintridge /Maybee Safety Path to Orion-Site Development in the amount of $133,300.50. AYES: Hall, Brown, Skylis, English, Cueny, Kemp. NAYS: None. ABSENT: _. .. Barnes. MOTION CARRIED 6 -0. 2. '-REOUEST TO INSTALL .SAFETY PATH 1 GOLLING PONTIAC. Thee Safety Path Committee recommended that Golling Pontiac be asked to install the safety path in front of their property on'M -29.' Trustee Kemp felt it would be more practical to have Golling wait until the paths on other properties in the area are ready to be % installed. Moved by Kemp, supported by Skylis to,;authorize sending a' letter to Golling Pontiac .requesting that the required safety path be,.installed .per their approved site plans within'365 days (l year) and that a copy of the amended ordinance be sent. with_the, letter so the developer is' aware of his responsibility with regards to the necessary permits, fees, inspections, and escrow; and that the developer be asked to contact the Parks and Recreation ;Department to coordinate the installation of the path with other projects in the area. AYES: Cueny, ,Hall, Arown, Skylis, :Kemp..NAYS: English. ABSENT: Barnes. MOTION CARRIED 5 -1. f Clerk English was concerned that-the Board has not been consistent in asking developers and businesses to install paths. Mr. Vagi said the usual practice has been to ask businesses to install the paths or contribute to the Safety Path Fund. • .CHARTER TOWNSHIP OF.;ORION,BOARD.OF TRUSTEES MINUTES REGULAR MEETING, TUESDAY, SEPTEMBER 7. 199.3 -...� - D. SUPERVISOR'S OFFICE MATTERS. 1. SENIOR CENTER PARKING LOT PAVING PROJECT CHANGE PAPAb flA: Mvp.g by FFtahyl oupphftog by Kemp to approve Change Order #3 for the Senior Center parking lot paving project decreasing the total amount by $2289.80. AYES: Skylis, English, Hall, Brown, Kemp, Cueny. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. ----------------------------------------------------------------- The Township Board temporarily recessed from 9:00 -9:12 p.m. ' ----------------------------------------------------------- - - - - -- 2. ADDITIONAL TRI -PARTY PROJECTS. Moved by Skylis, supported by English to authorize using remaining Tri- Party funds for the following projects: Greenshield - M -24 to Joslyn, 1 mile Grampian /Cinnamon Ridge- 3/4 mile Lawson - south of Joslyn - 1/4 mile AYES: Skylis, English, Hall, Brown, Kemp, Cueny. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. Discussion followed on "including Judah" Rd:``mI —' next''year's projects. - " E. ASSESSING DEPARTMENT. HIRE ASSESSOR (memo* dated September 1, 1993) Supervisor'Brown recommended hiring John J. Attwell of Delta Township as the Level IV Assessor at a starting salary of $50,000. There,was., general agreement among Board members that this' position 'would not be eligible for a percentage pay increase in 1994. Moved by Cueny, supported by Kemp " to hire "'John J. Attwell as.i`Level.IV, Assessor starting„ October 1, 1993 at $50, 000 'per 'year.' 'AYES P' Skyl s" ", "Hall;.'`Kemp, 'Brown, English, Cueny. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. F. ORDINANCE ADOPTION. A. 'AMENDMENTS TO ORDINANCE NO. 78. 1. REQUEST TO REZONE .2 ACRES, SOUTH OF STANTON, WEST t OF NEWMAN, , PAINT, CREEK GROUP,,, PETITIONER. Clerk - English read a'memo* dated August '10,•1993 from the Planning Commission recommending approval of'(PC 93 -12) Paint Creek Group Rezoning Request. This matter was advertised for adoption. Moved by Cueny, supported by Hall to concur with the Planning Commission and to approve the Paint Creek Group Rezoning request, a proposed rezoning from Rec -2 to R -2 for 0.2 acres, part of Sidwell #09 -04- 151 -001, Stanton Rd., west of Newman for the following reasons (as stated by the Planning Commission): 1. The parcel is too small for Rec -2 zoning. 2. The request is consistent with the Master Plan. AYES: Kemp, Skylis, English, Brown, Hall, Cueny. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. 2. REQUEST TO REZONE X12 PARCELS, WEST SIDE OF M -24, NORTH OF SCRIPPS - ROBERT ANDERSON, PETITIONER. This matter has been advertised for adoption. Clerk English read a memo* dated August 9, 1993 from the Orion Township Planning Commission recommending denial of the Anderson Rezoning Request (PC- 93 -14), a proposed 149 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, TUESDAY, • SEPTEMBER 7, 1993 ANDERSON REZONING cont... rezoning from SE, RM -1 and R -3 to CB for 12 parcels totaling 20.3 acres on the west side of M -24 north of Scripps Rd. (Bidwell# 09 -14- 300 -023, 024, 025, 026, 207, 028, 029, 030, 031, 035, 036 t 043) for the following reasons: 1. The rezoning request is not in conformance with the Master Plan. 2. There would have been no other recent rezonings in the area that would justify this rezoning. 3. The rezoning would have a detrimental impact on the ability of surrounding vacant properties to be developed as zoned or as master planned. 4. The petitioner has provided no evidence that the property cannot be developed as zoned for either physical or economic reasons. 5. There is currently a residential project under contruction on the east side of M -24 in the same area as the property in question. This indicates that residential development of the property in question is possible, reasonable, and economically feasible. 6. The Township currently has a high vacancy rate in existing commercial buildings. In addition, studies done for the current Master Plan indicate that the Township already has more commercially zoned land than can be supported either by population or available shopping dollars for the next 20 years. The petitioner has presented no evidence that there is a need for commercial in this location. Creation of additional commercial acreage might make it more difficult for existing vacant acreage zoned for commercial to be developed or for vacancies in existing commercial buildings to be filled. 7. The Township Master Plan stated that it is not the intent of the Township to detract from the existing commercial district in the Village of Lake Orion by creating an additional commercial district away from the Village. The Master Plan shows intent to support the Village commercial district by locating the Township commercial district north of Casemer Road and contiguous to the Village commercial district. 8. The Township Master Plan states that it is not the intent of the Township to provide a regional shopping center. The Township commercial districts are intended for use by the residents and those who commute through Orion. Comparison Business, by it's nature, is the most intensive form of commercial and tends to be regional in nature. 9. This property is immediately across M -24 from three schools of the Lake Orion School District. Commercial uses of the type allowed in comparison business would provide an "attractive nuisance" for school students. The "attractive nuisance would be aggravated by the fact that school children would have to cross M -24, a busy four lane highway. This would create a safety hazard. 10. Commercial uses, particularly comparison business, would create a tenfold increase in traffic over what the traffic would be were the pfope6tXnto be developed either as zoned or as on the Ma e 150 CHARTER TOWNSHIP OF 'ORION BOARD ?OF TRUSTEES i' awe.: .MINUTES REGULAR MEETING, TUESDAY, SEPTEMBER 7:x'1993 ,1L 4. ANDERSON REZONING, cont... 11. M -24 has a narrow median. Crossovers cannot easily accommodate large vehicles or more than two or three cars. It would be difficult and potentially hazardous for vehicles from northbound M -24 to turn into a shopping center at this location. 12. The three schools north of Scripps and east of M- 24 create six school bus runs throughout the day. All the buses must use the Stadium Drive or Scripps Road intersections with M -24. Creation of a shopping center, with the resulting traffic increase and traffic patterns, would make it more hazardous for school buses trying to negotiate this intersection. 13. Denial is consistent with the Planner's correspondence. Robert Anderson, representing the property owners, stated he has an option to purchase each of the parcels. He said, with the exception of Item 9, all objections of the Planning Commission deal with commercial feasibility which is not a constitutional reason for a zoning ordinance. Also, Item 9 deals with buses, from schools which are not directly on M -24 and separated from the proposed rezoning by a large piece of property. Mr. Anderson said he has been billed for additional funds for this application. He asked for a copy of the ordinance which changed this from a one time fee to an escrow.account. -Supervisor Brown read Ordinance #78 describing a Comparison Business district. Mr. Anderson said he forsaw a single large retailer on the total of the properties rather than a strip mall. Moved by Cueny, supported by Hall with respect to the rezoning request under Ordinance #78 regarding the " Jcurrent zonings-.of SE (Suburban Estates), RM -1 (Multiple Family), and R- 3`(Single Family Residential) under the Sidwells'09 -14= 300 =023 through_031; =035; 036, 043, that these be rejected in accordance that, first, they do'not meet the requirements,of our3Master Plan as portrayed by our Planning Commission and the other cited—reasons of the Planning Commission who. unani- mously -also rejected the request. AYES:,, Kemp; Hall, Cueny. NAYS: English, Skylis, Brown. ABSENT: Barnes. MOTION FAILS FOR LACK OF SUFFICIENT MAJORITY 3 -3.` 1. f t Discussion followed on referring this matter back to the Planning Commission to find an alternate zoning which would satisfy all parties. Treasurer Hall said the Planning Commission offered alternatives but no formal proposal was made. Mr. Anderson said they are open to discussion. The Township attorney recommended the Board act to approve, deny, or refer the petition as it stand sIback to the Planning Commission. -No action was taken on referring this'matter back to the Planning Commission. Mr. Anderson asked that this matter be held until the September 20, 1993 meeting when the full Board is present. Trustee Kemp and Treasurer Hall said they would not be present at that meeting. Discussion followed on the time frame for acting on the rezoning. Supervisor Browri suggested `setting a special meeting to discuss this matter as well as 'a the 1994 budget. No agreement on a date was reached. 151 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING TUESDAY, SEPTEMBER 7 1993 ANDERSON REZONING. cont... Mr. Anderson asked the Board to vote again on the motion before setting the matter over. No action was taken. Mr. Anderson then asked the Board to table the issue until the October 4, 1993 meeting with the understanding that a full Board will be present. Moved by Cueny, supported by Kemp to table this issue until the October 4, 1993 meeting per Mr. Anderson's request and to place it on the agenda as the first item under Pending Business. AYES: Cueny, Hall, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. C. GREENBELTS /LANDSCAPING. Supervisor Brown explained the motion made at the August 16, 1993 Board meeting to approve the proposed amendments failed for lack of sufficient majority. He brought this matter back to the Board because a full Board was not present at that meeting. Moved by Kemp, supported by Hall to adopt- the proposed text amendments to Ordinance #78 regarding Greenbelts /Landscaping (PC- 92 -38). AYES: Hall, Brown, Skylis, Kemp. NAYS: Cueny, English. ABSENT: Barnes. MOTION CARRIED 4 -2. 2. FIRST READINGS OF ORDINANCES. A. PROPOSED AMENDMENTS TO ORDINANCE NO. 100 - OFFICER AND EMPLOYEE BENEFITS ORDINANCE. Supervisor Brown announced the First Reading of the proposed amendments to Ordinance No. 100, Officer and Employee Benefits Ordinance, Section 2: Definitions (l.a) Elected Officials and (l.b) Full -time Employee. An opinion* has been received from the Township Attorney stating that "salary cannot be construed to include compensation or health benefits ". Trustee Kemp asked the Board to hold this matter until ` the October 4, 1993 meeting so he could be present for the discussion. B. PROPOSED DANGEROUS BUILDINGS ORDINANCE. Supervisor Brown announced the First Reading of the proposed- Dangerous Buildings Ordinance. This matter will be advertised for adoption at the September 20, 1993 meeting. Supervisor Brown pointed out that the title of the ordinance refers to White Lake Township. Mr.Patterson said that was a clerical error. G. PREVIOUS AGENDA ITEMS. Moved by Cueny, supported by Skylis to adopt the Liquor Control Commission Resolution* indicating the Township Board is recommending King's Court Castle above all others for a Class C liquor license. AYES: Kemp, Skylis, Brown, Hall, Cueny. NAYS: English. ABSENT: Barnes. MOTION CARRIED 5 -1. 1. RESOLUTION RE: KINGS COURT CASTLE, INC. CLASS C LIQUOR LICENSE. Michigan Department of Commerce, Liquor Control Commission, indicated the resolution adopted by the Township Board cannot be accepted as submitted because the Liquor Control Act does not make any provisions for restricted approvals. The LCC submitted the required resolution for approval. Mr. Patterson pointed out that Mr. Aldridge has accomplished most of the items outlined in the original resolution and there are provisions in the ordinance for not renewing the application next year if there are any concerns. Moved by Cueny, supported by Skylis to adopt the Liquor Control Commission Resolution* indicating the Township Board is recommending King's Court Castle above all others for a Class C liquor license. AYES: Kemp, Skylis, Brown, Hall, Cueny. NAYS: English. ABSENT: Barnes. MOTION CARRIED 5 -1. 152 CHARTER TOWNSHIP OF..ORION.BOARD.OF: TRUSTEES MINUTES REGULAR MEETING, TUESDAY. SEPTEMBER J, 1993 1 2. RECEIVE AND FILE FINANCIAL STATEMENTS. Moved by Kemp, supported by Skylis to receive and file the financial statements dated July 31, 1993. AYES: Cueny, Hall, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. 3. REQUEST TO ABANDON WESTERN SECTION OF ARBROAK WAY. The Road Commission for Oakland County has received a "Petition to Abandon a County Roadway, Alleyway or Property * ", from Bret Abraham, 1191 Arbroak Way, a request to abandon the most western, dead end section of Arbroak Way, Marina Park Estates, measuring 60' x 501. The Road Commission asked the Board to indicate either approval or disapproval of the request. Mr. Abraham answered questions from the Board. He said he presently maintains the property and he plans to remove the asphalt from the paved section of the road, join the berm on his lot and Mrs. Young's lot, and finish the area with landscaping and a sprinkler system. He said this matter does not involve the bridge over the canal and the section in question does not include 10 feet of gravel between the pavement and the bridge. Mr. Abraham said the bridge is not used and is closed off. Connie Krajicek, 1111 Leidich, said this is part of an attempt, by, the_•residents on ,the wes.tr,side iof,•the bridge to avoid being required to-build, the otherphalf of the bridge and extend Arbroak Way through to Joslyn.. She said they agreed to do that when she.put in her half of the bridge. That agreement was based,on the.fact that a dead end street cannot be more than 600 feet. long according to Road Commission standards. Mrs. Krajicek said she owns the bridge.,and,she does not have a problem with taking the bridge .out.. She was concerned about the plan that was being proposed for removing the bridge. She said the canal under the bridge would fill in if the bridge:,, was removed improperly and 64 property owners to the south of the bridge would not be able to get out to the lake. Mr. Patterson explained the petition before the Board to abandon a section of road is the jurisdiction of the Road Commission. The next step by the property owners would be a petition to vacate the land and this is a Circuit Court matter where ownership and other questions would be answered. There was discussion on tabling •this.•mat•ter ,until Mrs. Krajicek's concerns are addressed. Mr. Abraham asked the, Board to .make a• decision at this meeting., Sue Young, 1186 Arbroak Way, said this property has been a problem for many years. She feels improvement of the property would help protect the area from trespassers. . Moved by Hall, supported by Kemp to authorize the Supervisor to correspond with the Road Commission for Oakland County and recommend that the western most 50' section of Arbroak Way Rd. be abandoned. AYES: Cueny, Hall, Brown, Kemp. NAYS: Skylis, English. ABSENT: Barnes. MOTION CARRIED 4 -2. ----------------------------------------------------------------- Moved by Kemp, supported by Cueny to extend the meeting for 30 minutes. AYES: Hall, Brown, English, Skylis, Cueny, Kemp. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. r 153 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, TUESDAY, SEPTEMBER 7, 1993 H. CONSENT AGENDA. Moved by Hall, supported by Kemp to approve the Consent Agenda as follows: MTA Fall District Meeting. Authorized any Board member who is interested to attend the Michigan Townships Association Fall District Meeting on October 4, 1993 in Auburn Hills and to pay necessary fees and expenses. AYES: Skylis, English, Brown, Hall, Cueny, Kemp. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. 8.5 BOARD MEMBER COMMENTS A work session on the 1994 Budget was set for September 30, 1993 at 7:00 p.m. 91 NEW BUSINESS Discussion followed on the types of boats allowed. Canoes and rowboats would not be affected but jet skis would be regulated if they exceed 5 h.p. Moved by Cueny to approve the ordinance as presented tonight and authorize the Clerk to advertise the ordinance for adoption at the next meeting. Trustee Kemp felt the ordinance should be reviewed by the attorney before it is advertised. Mr. Patterson said the ordinance would not have to be readvertised after his review unless there were major changes. There was brief discussion on enforcement. It was stated that OCSD will patrol the lake. Bill Bowman, 124 Detroit Blvd., said he supports the ordinance and commented the OCSD has 24 hour access to the lake through the Bunny Run area. Moved by Cueny, supported by Skylis to approve the ordinance as presented tonight and authorize the Clerk to advertise it for adoption at the next meeting sub- ject to approval and addendums by the Township. Attor- ney. AYES: English, Brown, Hall, Kemp, Skylis, Cueny. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. A. ORDINANCE RE: LONG LAKE ACCESS. Bud Mueller, 650 Butler, President of the Long Lake Property Owner's Association, submitted a proposed ordinance to regulate access on Long Lake in order to control the number of boats. New development on the lake shore has dramatically increased the number of boats using the lake and the situation is becoming very dangerous. The Association is also concerned -that the large amount of undeveloped land around the lake will add to the problem as properties are developed. The proposed ordinance would limit any newly platted properties to one boat of 5 h.p. or greater per 120 feet of lake frontage. Any existing properties would be grandfathered into the ordinance. John Arsen, 400 Indian Lake Rd., member of the Association and long time lake user, spoke in favor of the ordinance. He said the lake is long and narrow with less than 100 acres, 1/2 of which are usable. Boat traffic is concentrated in a small area and the situation is becoming very dangerous. Over 100 riparian owners on Long Lake and other owners in Bunny Run have approved the ordinance. Mr. Arsen asked the Board to advertise the ordinance for adoption and place it on the next agenda. Discussion followed on the types of boats allowed. Canoes and rowboats would not be affected but jet skis would be regulated if they exceed 5 h.p. Moved by Cueny to approve the ordinance as presented tonight and authorize the Clerk to advertise the ordinance for adoption at the next meeting. Trustee Kemp felt the ordinance should be reviewed by the attorney before it is advertised. Mr. Patterson said the ordinance would not have to be readvertised after his review unless there were major changes. There was brief discussion on enforcement. It was stated that OCSD will patrol the lake. Bill Bowman, 124 Detroit Blvd., said he supports the ordinance and commented the OCSD has 24 hour access to the lake through the Bunny Run area. Moved by Cueny, supported by Skylis to approve the ordinance as presented tonight and authorize the Clerk to advertise it for adoption at the next meeting sub- ject to approval and addendums by the Township. Attor- ney. AYES: English, Brown, Hall, Kemp, Skylis, Cueny. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. 154 CHARTER TOWNSHIP'OF ;ORION 'BOARD; OF ,TRUSTEES , 'rs 1. JIMINUTES REGULAR MEETING TUESDAY SEPTEMBER 7 1993 F REQUEST FOR CIDER STAND AT SOCCER GAMES Rev. Steve Brubaker, Orion Oaks Baptist Church, asked to Board to allow his church to have an apple cider stand during soccer games::.in,.;the.Township, park << -once a week on.Saturday. His church would distribute free hot apple cider and make °literature regarding his church and ministry available on the table. Treasurer Hall felt it might be unfair to offer this opportunity to. one group and, not others who .might be interested. Trustee Kemp questioned if this would be a passive ministry and felt •.{'this-, might- not ^be;.an appropriate activity near soccer fields due to the -nature of the sport. He suggested getting input from the soccer league. Clerk English questioned if this item would come under the solicitation ordinance because this request is for a public facility.x:r This item was held• over ;•,luattkuthe :September ;,20, 1993 meeting until the Board can get.input from the soccer league through Mark Vagi, Director of Parks and Recreation. B DNR PERMIT REQUESTS 1. FARR PROPERTY ON MILL LAKE. Dennis Farr, 95 Sparrow Hill, was present. The Building Department has reviewed this permit request and the Farr's must make application to the Orion Township Building Department under Ordinance 55 - Wetlands, Ordinance 92 - Stormwater Management, Ordinance 99 - Sand and Gravel, and Ordinance 60 - Private Roads. Moved by Kemp, supported.by Skylis to.receive and file the DNR permit request notification (File No. .93-19 - 0690W) from Dennis Farr & Brenda Fritz -Farr (a permit to. excavate 1500 cubic yards of material from wetland area to create two ponds and a ditch and to place all spoils in .a wetland area . for the purpose of constructing a single family residence and driveway). AYES: Hall, English, Brown, ,Cueny, Skylis, Kemp. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. ADJOURNMENT Moved by English, supported by Skylis to adjourn the meeting. AYES: All. NAYS: None. ABSENT: Barnes. MOTION CARRIED 6 -0. The meeting adjourned at 11:03 p.m. s Marie E. Eng sh, Clerk Charter Town hip of Orion Transcription: Mary Jane Shields This meeting is on tape. *on file in the Clerk's Office. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* PUBLIC HEARING, TUESDAY, SEPTEMBER 7, 1993 TRUTH -IN- TAXATION The Charter Township of Orion Board of Trustees held a Truth -in- Taxation Public Hearing, Tuesday, September 7, 1993 at 8:00 p.m. at the Orion Township,Hall, 2525 Joslyn Road, Lake Orion, Michigan. Jill Bastian, 913 Heights Rd., said the Headlee Amendment is a good idea but citizens worked hard to get 1/4 mill for Safety Paths. With the Headlee rollback, only about 1/5 mill is now being collected and costs of construction have continued to rise. Mrs. Bastian asked the Board to consider a ballot question on a Headlee override for the Safety Path millage at the next regular election. She also submitted an article on budgeting in another city. Louise McNabb, 2981 Judah Rd., objected to paying for safety paths. She felt this money would be better spent on roads such as Judah and Brown Roads or on other community projects. Board members explained that funds for building and maintaining safety paths come from a voted Safety Path millage which must be used for that purpose only. The Public Hearing was declared held at 8:28 p.m. Marie E. Eng slerk Charter Township of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. 155 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES TRUTH-IN-TAXATION PUBLIC HEARING, TUESDAY, SEPTEMBER 7 1993 BOARD MEMBERS PRESENT: Supervisor Doug Brown Trustee Burke Cueny Clerk Marie English Trustee Peter Kemp Treasurer Suzanne Hall Trustee James Skylis ABSENT: Trustee Allen Barnes OTHERS: i� Bert Colbeth I. Colbeth Peggy Johnson Joseph Kozma Larry Obrecht Leon Cudnohufsky Bonnie Stickney Robert Fredericks J.D. McBride Gloria Griffin Carl Cyrowski Jill Bastian Steven Brubaker Bill Bowman Mary Bowman Kurt Townsend Jon Thomerson Sharon Bell Bret Abraham Sue Young Betty McDowell Elaine Pantak Clarence Rossman Bob Cooney Dennis Farr J. Jain Eugene McNabb Louise McNabb Bud Mueller John Arsen Mark Vagi Stephanie Drobot Jim Milford Gerald Marchioni The Public Hearing was called to order at 8:20 by Supervisor Brown. The hearing was held to take public comment on the following proposed 1994 tax rates as advertised: General Operating .9974 Fire '.9599 Safety Path .20375 Police .9599 Bonnie Stickney, 731 E. Clarkston Rd., asked the Supervisor to explain the purpose the Public Hearing. Supervisor Brown said under the Headlee Amendment the Township may not collect more revenue in the upcoming year than was collected in 1993 plus the rate of inflation. The proposed rates are rolled back as required by the amendment. Jill Bastian, 913 Heights Rd., said the Headlee Amendment is a good idea but citizens worked hard to get 1/4 mill for Safety Paths. With the Headlee rollback, only about 1/5 mill is now being collected and costs of construction have continued to rise. Mrs. Bastian asked the Board to consider a ballot question on a Headlee override for the Safety Path millage at the next regular election. She also submitted an article on budgeting in another city. Louise McNabb, 2981 Judah Rd., objected to paying for safety paths. She felt this money would be better spent on roads such as Judah and Brown Roads or on other community projects. Board members explained that funds for building and maintaining safety paths come from a voted Safety Path millage which must be used for that purpose only. The Public Hearing was declared held at 8:28 p.m. Marie E. Eng slerk Charter Township of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. /SS6 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* SPECIAL MEETING, MONDAY, SEPTEMBER 20,.1993 EXECUTIVE SESSION RE: SGOS VS ORION The Charter Township of Orion Board of Trustees held a Special Meeting, Monday, September 20, 1993 at 6:30 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESEN Supervisor Doug Brown Trustee Allen Barnes Clerk Marie English Trustee Burke Cueny ABSENT: Trustee James Skylis Treasurer Suzanne Hall Trustee Peter Kemp OTHERS: James Tamm Susan Galeczka Ann Christ Supervisor Brown called the Special Meeting to order at 6:33 p.m. It was held to conduct an Executive Session at the request of the attorney regarding the case SGOS vs Orion. Clerk English called the roll. All members were present except Treasurer Hall and Trustee Kemp. Moved by Skylis, supported by English to go to Executive Session. AYES: Cueny, Barnes, Brown, English, Skylis. NAYS: None. ABSENT: Hall, Kemp. MOTION CARRIED 5 -0. The Special meeting adjourned at 6:39 p.m. and reconvened at 6:50 p.m. after the Executive Session. No further action was taken on the matter of SGOS vs Orion. Moved by Barnes, supported by Skylis to adjourn the Special Meeting. AYES: Cueny, Barnes, Brown, English, Skylis. NAYS: None. ABSENT: Hall, Kemp. MOTION CARRIED 5 -0. The Special Meeting adjourned at 6:51 p.m. Marie E. Engl h, Clerk Charter Township of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. ----------------------------------------------------- ----------------------------------------------------- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* REGULAR MEETING, MONDAY, SEPTEMBER 20, 1993 The Charter Township of Orion Board of Trustees held a ' Regular Meeting, Monday, September 20, 1993 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. The Regular Meeting was preceded by a Special Meeting which was held 6:30 p.m. BOARD MEMBERS PRESENT: Supervisor Doug Brown Trustee Allen Barnes Clerk Marie English Trustee Burke Cueny Trustee James Skylis ABSENT: Treasurer Suzanne Hall Trustee Peter Kemp fl 157 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY. SEPTEMBER 20, 1993• OTHERS: James Tamm Fred Stapula Cheryl Reichert Don Rush Jennie Smigielski Joyce'Carter Jill Bastian R. McLaughlin Jim Jehle Steven Carter Karen Swindell Linda Crisman Bill Bowman Carl Cyrowski Bud Mueller Paul DeMeritt Clarence Rossman Susan Galeczka Don Maxim Margaret Fehir Jack Stone Violet Eastman Sharon Eckler Linda Fitzpatrick D. Richardson Leon Harrison Bill Stark Kenneth Doughty Janet Wood Mary Bowman, Lowell Brunett Nanette Mueller Don Johnston Terry Harmon Pat Stapula Max Maxim Lawrence Taylor Karen Muz M. Kathryn Brown Ed Carter D. Romeo Tom Yaste Jim Clarke Tom Berger Richard M. White Sharon Bell Kurt Townsend Jim Milford Elaine Pantak Mike Kilbourne The meeting was called to order at 7:00 p.m. by Supervisor Brown. 2. PLEDGE AND INVOCATION The Pledge of Allegiance was led by Clerk English and the Invocation was given by Reverend Drew Hart of United Methodist Church of Lake Orion. Clerk English called the roll. All members were present except Treasurer Hall and Trustee Kemp. 9. APPROVAL OF MINUTES A. SPECIAL MEETING /BUDGET Cueny, supported by Barnes the Special Meeting /Budget W 1993 as submitted. AYES: Barnes, Brown. NAYS: None. CARRIED 5 -0. WORK SESSION. Moved by to approve the minutes of irk Session held August 30, Skylis, English, Cueny, ABSENT: Hall, Kemp. MOTION B. SPECIAL MEETING /BALLARD DRAIN. Moved by Cueny, supported by Skylis to approve the minutes of the Special Meeting regarding Ballard Drain held September 7, 1993 as submitted. AYES: Brown, Barnes, English, Skylis, Cueny. NAYS: None. ABSENT: Hall, Kemp. MOTION CARRIED 5 -0. C. REGULAR MEETING /SEPTEMBER 7, 1993. Moved by Skylis, supported by Cueny to approve the minutes of the Regular Meeting held September 7, 1993 as submitted. AYES: English, Brown, Barnes, Cueny, Skylis. NAYS: None. ABSENT: Hall, Kemp. MOTION CARRIED 5 -0. D. TRUTH -IN- TAXATION PUBLIC HEARING. Moved by Cueny, supported by Skylis to approve the minutes of the Truth in- Taxation Public Hearing held September 7, 1993 as submitted. AYES: Brown, Barnes, English, Skylis, Cueny NAYS: None. ABSENT: Hall, Kemp. MOTION CARRIED 5 -0. 5. APPROVAL OF BILLS A. REGULAR BILLS. Trustee Barnes questioned the bill on page 2 for Straub Associates. Tom Yaste, Straub Associates, explained it is customary to charge a 10% markup on reimbursable expenses. 158 CHARTER TOWNSHIP.OF�ORION•BOARD OFyTRUSTEES ,MINUTES REGULAR MEETING. MONDAY, SEPTEMBER 20, 1993 - BILLS, cont... . :i Trustee Cueny asked when the attorney would answer questions on the September 7, 1993 attorney bills. Ann Christ, Township Attorney, said she would check into this matter. Moved by Barnes, supported by Cueny to approve the bills for payment in the amount of $27,279.75 as submitted. AYES: Skylis, English, Brown, Barnes, Cueny. NAYS: None. ABSENT: Hall, Kemp. MOTION CARRIED 5 -0. B. BALLARD DRAIN BILL. Supervisor Brown referred to the opinion* from the Attorney stating that Orion Township is responsible for 83.87% of the assessment by Oakland County for Ballard Drain ($10,484.71 in 1993). Moved by Cueny, supported by English item for the Ballard Drain assessment. Discussion followed on making a budget the General Fund to pay the bill. This placed on the next agenda. AYES: English, Brown, Cueny. NAYS: None. Kemp. MOTION CARRIED 5 -0. - „� 6. BRIEF PUBLIC COMMENT to make a line adjustment from matter will be Barnes, Skylis, ABSENT: Hall, Leon Harrison, 746 E. Silverbell Rd., asked the Board to consider charging developers a fee to be put in escrow for legal expenses similar to what is• done in Oakland Township. Supervisor Brown will look into this matter before the next meeting. Mr. Harrison also suggested a moratorium on any further developments until there is a tree, ordinance. He referred to the trees that were cut on Kern Rd. Dale Romeo, 849 Kern Rd., was also concerned about the trees that were cut on Kern Rd. for the entrance to Paint Creek Ridge Subdivision. He said several large trees were removed and he was not aware of any markings on the trees which would indicate they were going to be cut. He asked the Board to monitor any further action on this development and seek some;, kind -of restoration of the Kern Rd. area from the developer. He asked the Board to adopt a tree ordinance with specific restrictions and penalties. Cheryl Reichert, 850 E. Clarkston Rd., submitted pictures of the Kern Rd. area before and after the trees were cut. Mrs..iReichert had,,,information from Bill Stark, Bald Mtn. Recreation Area, that approxi- mately 22 -24 trees ranging from 3” to 34" in diameter were cut. She said some of the trees were hardwoods which were over 100 years old. She also said the trees were not marked prior to cutting. Mrs. Reichertl spoke to, Sue Orchard -_at the Commission for bakland County who said that they issued a permit for this project with the understanding that only 5 -6 trees were to be cut. No public hearing was held by Oakland County because there would not be "substantial damage to the native vegetation in the right -of -way" (per PA 150 of 1970.regarding natural beauty roads). t I 159 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING MONDAY, SEPTEMBER 20 1993 BRIEF PUBLIC COMMENT cunt... Supervisor Brown said he was told by Sue Orchard on August 11, 1993 that no public hearing was needed and he was assured that the opening would be made in an area where there would be the least damage. Clerk English read a letter* dated September 20, 1993 from Denise and Larry Mertz, 1472 Orion Rd., objecting to the tree cutting and asking the Board to assure that developers comply with agreements they make. Clerk English also read a letter* dated September 16, 1993 from William McEntee, Director of Permits and Environmental Concerns for the Road Commission, explaining why a public hearing was not held. He also explained that alternate placement of the entrance was considered but no other location was feasible. Diane Richardson, 679 Kern Rd., said there was no indication that the trees were going to be cut and said the developer should be fined and made to restore the area to the way it was. Trustee Cueny questioned if the Township could hold the County or the developer responsible for damages.' Ann Christ, Township Attorney, referred to MCL 247.3843 and said the interpretation of "substantial damage" is very vague and "native vegetation" is not defined. Also, there is no recourse pursuant to the statute. She recommended that the "Township adopt its ownr tree ordinance which would provide for penalties." 1 Jill Bastian, 913 Heights Rd., said the trees to be removed should have been part of the plan and documented even though they were in the road right -of- way. She also commented the project is now owned by Donald Van Every, not Mike Foley. She felt this was communication problem between the developer and whoever is supervising the project. Linda Fitzgerald, 919 Kern Rd., and Dick McLaughlin, 779 Kern Rd. objected to the tree cutting on a natural beauty road and asked the Board to support a tree ordinance. They said residents have taken extra care to preserve the trees on Kern Rd. and they felt the developer should be required to restore the area. Trustee Barnes said he was appalled by what had happened on Kern Rd. and wanted the Board to take immediate action to direct the Planning Commission to adopt a tree and wooded preservation ordinance. He said he would introduce a resolution for consideration at the next meeting which would address this issue at the local, county, and state level. Trustee Barnes was also concerned that more trees would be lost when the required safety path is constructed. Kern Rd. is designated as an 86 foot wide road on the plat but the developer agreed to make a 120 foot right - of -way to accommodate the safety path. Trustee Barnes has alerted Mark Vagi and members of the Safety Path Committee to make sure a plan is worked out to save the trees. Trustee Cueny concurred with Trustee Barnes and 51A10 end- in- -from --the -Tuwnstri-D--ft, r alloW T!!A? 7#1S MATTLR IS oN THE F/taw? 6uRNE0_, T'1,Lt 6e "6KW4 FOXWAan TD K/Z 4A2N[5, KL5G1_•JTI0.0 TO Ttl& Dev&�opueJ 1400 hR. ��-W 4r0 MA- VAN EVE2y, TFhAT AS PAW-AS-7)'A C&hC-&4N�10 THay&A,J r.00V. S0N6wNt4 C4.Sq„ t3"JC -Li IF Tye j Da., ,T RLsTOAL TW�65& 'Tae.¢S.1� 160 =CHARTER TOWNSHIP- OF, ORION;;BOARD jOF TRUSTEES.. IH ,fwc,•i ,r;iMINUTES REGULAR MEETING, MONDAY, SEPTEMBER 20 -1993 0� BRIEF PUBLIC COMMENT. cont... .;;, yv , •�.., Trustee Skylis also concurred with Trustee Barnes and suggested that the West Bloomfield ordinance be used as a model so the Planning Commission could act as soon as possible. He felt the any ordinance needed to be very specific regarding penalties and restoration. P.11 Moved by Barnes, supported by Cueny to approve the agenda with the following amendments: Item 8B -1, Highlander Chloride SAD, set over to the October 4, 1993 meeting due to the length of the agenda. Item 8F -1, Dangerous Building Ordinance; set over until the October 4 meeting to allow time for the concerns of the Building Department to be addressed and to have the ordinance retyped to present format. Item 8H -2, Solicitation Request from Michigan Humane Society, removed from Consent Agenda for discussion. AYES: English, Skylis, Brown, Cueny, Barnes. NAYS: None. ABSENT: Hall, Kemp. MOTION CARRIED 5 -0. y. SENIOR .CONCERNS - CENTER RENOVATION answered questions recommendation* to received from Guinn lower level of the $44,280 has been __Construction, Labor minor. items. RECOMMENDATION REGARDING SENIOR BID. Tom Yaste, Straub Associates, from the Board regarding his proceed with the one bid which was Construction for renovation of the Senior Center. The original bid of modified to $41,680 to eliminate and Material Bonds and some other Clerk English had several concerns about accepting the bid including: 1. As of August 31, 1993, CDA line item over budget $367.00 and there is a bill for $3276.08 to Straub and Associates on tonight's bills. 2. Only one bid was received 3. No bid bond was included in bid. 4. Monies are still owed to contractor for past A/C installation. 5. Cost estimate for this project was $33,000 - bid appears to be way over estimate. 6. This project will only make a small portion of a room usable in the lower level Senior Center. 7. Possible add -ons to the cost of the project to enclose.ductwork. Karen Muz, Senior Center Manager, read a letter* from the Center Advisory Committee asking the Board to reject the bid due to the high cost and look into other alternatives for re- establishing the programs including Focus Hope which were shut down when the lower level was closed. After discussion, the Board agreed to allow Focus Hope to operate out of the upper level of the Senior Center until other alternatives could be found. fl 161 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, SEPTEMBER 20, 1993 SENIOR CONCERNS, cont... Moved by Barnes, supported by Skylis to reject the single bid for the Senior Center renovations at this time and look for alternative solutions. AYES: Cueny, Brown, English, Skylis, Barnes. NAYS: None. ABSENT: Hall, Kemp. MOTION CARRIED 5 -0. B. SUPERVISOR'S OFFICE ' 1. HIGHLANDER CHLORIDE SPECIAL ASSESSMENT DISTRICT. This item was held over to the October 4, 1993 meeting. 2. EXTEND CONTRACT FOR PROCURING MUNICIPAL ELECTRICAL RATE (memo* dated September 13, 1993 from Supervisor Brown) Moved by Cueny, supported by Skylis to authorize the Supervisor to renew the "Contract for Procuring Municipal Electricity Rate" with the Disappearing Lakes Association for one year to March 27, 1994. AYES: English, Barnes, Brown, Skylis, Cueny. NAYS: None. ABSENT: Hall, Kemp. MOTION CARRIED 5 -0. 3. RESIDENTS REQUEST TO ADDRESS BOARD RE: 4 -H ANIMALS. Sharon Eckler, 1011 McClellan, presented the Board with petitions* signed by 40 residents asking the Board to uphold Ordinance #78 as written regarding farm animals on lots of less than 2.5 acres. Clerk English felt the Board acted prematurely on this matter at the last meeting. She felt exceptions to the ordinance should have been acted on individually by the 1 Zoning Board of Appeals. She recommended that the Board refer this matter to the ZBA and waive the $100 fee. Trustee Cueny felt the public did not have the opportunity to speak on this matter at the last meeting because this was not a published agenda item. He would like to review the entire case and would retract his vote. The following residents asked the Board to follow the ordinance in this matter: Joyce Carter, 106 Haviland Ct. Ed Eckler, 1001 McClellan Ed Carter, 106 Haviland Ct. Janet Wood, 1020 McClellan Sharon Bell, 1036 McClellan, read a letter* dated September 14, 1993 from Wayne Nierman, Oakland County Cooperative Extension Service, in support of 4 -H projects. Trustee Barnes said he was not at the meeting when the action was taken but he felt the Township should enforce the ordinance while it is being reviewed by the 1 Planning Commission. Trustee Skylis said the motion at the last meeting referred specifically to Sharon Bell's case not all 4 -H animals. Moved by English, supported by Barnes to refer Sharon Bell, 1036 McClellen, to the Zoning Board of Appeals, asking for an interpretation of Ordinance No. 78, Section 6.04, Section B1, 2, 3 and to waive the fee of $100. AYES: Cueny, Skylis, Brown, Barnes, English. NAYS: None. ABSENT: Hall, Kemp. MOTION CARRIED 5 -0. The - Township - Board - temporarily - re cessed - from - 8:95_9:00- p_m_- - - - - -I 162 CHARTER TOWNSHIP OF..ORION BOARD OF TRUSTEES ,, .,.,„ - MINUTES REGULAR MEETING, MONDAY, SEPTEMBER 20.. -1993 LONG LAKE BOAT ORDINANCE. This matter was held over to the October 4, 1993 meeting for full discussion. The Attorney will review the notification requirements and grandfather clauses in the ordinance. Mary Bowman, Treasurer, Bunny Run Country Club (P.O. Box 82, Lake Orion, 48361) asked to be notified in writing of any hearings or action on this matter. ----------------------------------------------------------------- C. ASSESSING DEPARTMENT MATTERS - APPEAL"'OF' LOT SPLIT DENIAL - GALAXY WAY, MAXIM AND GUINN, APPLICANTS ...(application. #93 - 026,.,, including;,the_, Planner's comments which ' "were . read ' by Supervisor Brown) `Don . Maxim, representing the petitioners, asked the Board to reconsider the decision by the three elected officials and to approve the lot split for property on Galaxy Way, Keatington Knolls Subdivision, (Sidwell #09 -21- 358 -033, an 11.2 acre parcel, to be split with .51 acres to be joined to #09 -21- 358 -012, residential Lot 11, allowing that lot to have direct access to,Voorheis Lake) -' Mr. Maxim said the Fire Chief's concerns about extending the cul -de -sac have been addressed and Chief Key has withdrawn his objections. Mr. Maxim also explained there would be no construction on the parcel which is being split and the wetlands would not be disturbed. The property would be attached'to existing Lot 11 which has an approved building site in order to enhance the view of the lake. Lengthy discussion followed on whether any building or use of the property to access the lake would affect the , wetlands in this area. There was further discussion on tabling this matter until Board members can view the property, other property owners are notified, and a full Board can be present. Trustee Barnes will contact the Keatington Homeowner's Association. Mr. Maxim asked to be notified regarding the meeting. Moved by Cueny, supported by Skylis to table. this matter until the October 4, 1993 meeti,ng. AYES: Barnes, Brown, Skylis, Cueny. NAYS: English. ABSENT: Hall, Kemp. MOTION CARRIED 4 -1. D. BUILDING DEPARTMENT 1. REQUEST TO COMBINE LOTS 9 AND 10, BLOCK 70, BUNNY RUN COUNTRY CLUB ANNEX 45, 333 BUNNY RUN BLVD. The petitioners Frederick Stapula and Patricia Calvin - Stapula were present. Mr. Stapula said he does not own any of the adjoining lots. Moved by English, supported by Cueny to combine lots 9 & 10, Block 70, Bunny Run Country Club Annex #5, Bunny Run Blvd. as submitted. AYES: Skylis, Brown, Barnes, Cueny, English., NAYS: None. ABSENT: Hall, Kemp. MOTION CARRIED 5 -0. 2. REQUEST TO COMBINE LOTS 27 AND 28, BLOCK 27, BUNNY RUN COUNTRY CLUB, RENO ST. Moved by Cueny, supported by English to combine lots 27 & 28, Block 27, Bunny Run Country Club, Reno St. with the understanding that the applicant will not be going to the Zoning Board of appeals for a variance. AYES: Barnes, Brown, Skylis, English, Cueny. NAYS: None. ABSENT: Hall, Kemp. MOTION CARRIED 5 -0. 1613 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. MONDAY, SEPTEMBER 20, 1993 E. DPW DEPARTMENT MATTERS" 4 "' " •' I(�L' - • '1 ` 1. APPOINTMENTS TO DPW CONTRACT NEGOTIATING COMMITTEE. Moved by Skylis," supported "by °Barnes to appoint Supervisor Brown and Treasurer Hall to the negotiating committee for the DPW Contract which expires December 31, 1993. AYES: Brown, English, Barnes, Skylis. NAYS: Cueny. ABSENT: Hall, Kemp. MOTION CARRIED 4 -1. 2. VILLAGE WATER AGREEMENT" Richard White, Director of DPW, referred to the proposed final draft of the "Intergovernmental Agreement* for Sale, Purchase and Delivery of Municipal Water Services" with the Village of Lake'Orion. 'He said the agreement was approved by the Village Council and was re- written by,the Township Attorney and himself. He' pointed out significant changes made by the Village in paragraph #6 to allow them to" charge`Township customers outside''the village an amount equal to the rate paid by Village residents. Also; Item #6 of the agreement states, "The Township agrees that Township residents on the Village system as of the effective date of this Agreement shall remain Village customers. The Township further agrees that it will not offer service to those customers without the written consent of the Village." Trustee Barnes was concerned that Township residents on the Village system were being charged the same rate as Village residents and being asked to, pay Village bond n debt. There was also discussio on'limiti'ng the term of the contract or setting a specific time for review. Moved by Cueny, supported by Brown to approve the "Intergovernmental Agreement for Sale, Purchase and Delivery of Municipal Water Services" with the Village of Lake Orion as submitted and to authorize the Supervisor and Clerk to sign. Skylis objected to''the contract because he felt the Village residents should receive a discounted rate. AYES: English, Barnes, Cueny, Brown. NAYS: Skylis. ABSENT: Hall, Kemp. MOTION CARRIED 4 -1. 3. REQUEST TO BEGIN ` - ENGINEERING`FOR'WATER MAIN ORION' COVE AND VILLAGE OF LAKE ORION (memo* dated.September 14, 1993 from Richard White) Moved by Cueny, supported by Barnes to commence engineering and design work to construct a water main (on M -24 from Clarkston Road north) to connect Orion Cove Apartments and the Village of Lake Orion to the Township water system. AYES: Barnes, Skylis, Brown,, English, Cueny. NAYS: None. ABSENT: ,'Hall','-Kemp. MOTION CARRIED 5 -0. F. ORDINANCE ADOPTION - DANGEROUS BUILDING ORDINANCE and the ORDINANCE RE: LONG LAKE were held over to the October 4, 1993 agenda:" ' .{ " ' G. PREVIOUS AGENDA ITEMS 1. OAKLAND 1PRESB AGREEMENT. Linda Brown, Oakland Press, and Don Rush, Lake Orion Review, were present to answer questions from the Board. Moved by English, supported by Skylis to authorize signing the contract with Oakland Press for publishing when necessary in the Oakland Press = 'through December 31, 1993 at $4.50 per column inch and to otherwise publish in the Lake Orion Review at $3.69 per column inch for as'long they offer that rate. AYES: Barnes, Brown, Cueny, Skylis, English. NAYS: None. ABSENT: ' Hall, Kemp.' '"MOTION CARRIED 5 -0. /G V 1;i 1%., 1 I A 'lo 18t, '$t- , '1.71.. i >1:4 I," i Pr t nQ .1'�nNaT <lA^ YAOW -m ,' IIIT5AM 'I. °.�.ItI')'gv CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, SEPTEMBER - 20•,-...1993:.• -- -. •,. , '� . , iA IT' V,A14 1) - .ITV, - -I ,l „ r :,.1. N.,,:1'^N 1,�� +I I 2. REQUEST FOR APPLE CIDER.STAND.AT•SOCCER :.GAMES. In the opinion of the Township Attorney, the request from Orion Oaks Baptist Church does not fit the definition of a peddler or solicitor under Ordinance No. 95 and no permit is necessary. Also, Mr. Robin Crawford, Orion /Oxford Soccer League president, has indicated they have no objections ,to ,the,,request.,'A Moved by Skylis, supported by Cueny to approve the request, from Orion Oaks Baptist. Church for an apple cider stand at soccer games. AYES: Barnes,, English, Brown,,Cueny, Skylis. NAYS: None: ABSENT': Hall, Kemp. MOTION CARRIED 5 -0. 3. WALKER AND WALKER DNR PERMIT REQUEST. Peggy Johnson, Clinton River Watershed Council, informed the Supervisor that she requested a public hearing on this matter within the time limit allowed. Moved by Barnes, supported by Skylis to send a letter to the DNR that the Township agrees with Peggy Johnson, Clinton River Watershed Council, that a public hearing be held on Public Notice No. 93- 147 -782W and to attach;a copy of her letter *. AYES: Cueny, Brown, Barnes, English, Skylis. .NAYS: ,None. ABSENT: Hall, Kemp., MOTION CARRIED 5 -0. 4. SEMCOG RESOLUTION. Oakland County delegates to SEMCOG are asking for local support of a resolution regarding changes in the voting structure. Trustee Cueny objected to regional government bureaucracy. Moved by Barnes, supported by 'Skylis to,adopt the SEMCOG Resolution* as presented... AYES: English, Brown, Skylis, Barnes. NAYS: Cueny. ABSENT: Hall, Kemp. MOTION CARRIED 4 -1. 5. REQUEST FOR INTERSECTION CONTROLS. Moved by English, supported by Skylis to authorize the Supervisor to correspond with the Road Commission for Oakland County indicating the Township has no objection to the request for intersection controls for Silverbell Village. AYES: Cueny, Barnes, Brown, English, Skylis. NAYS: „None, ABSENT: ;tHa11,1 Kemp.•,IIIMOTION,ICARRIED 5 -0. lo V1 H. CONSENT AGENDA. Moved by Barnes, supported by Skylis to approve the Consent Agenda as follows (excluding Michigan Humane Society solicitation request): 1. Resignation from Safety Path Committee. Accepted the resignation of B.C. Cotter from the Safety Path Committee., , y, )•q,i 140IT9U. :. •15r1!IUt! t 2. Resolution Re: Gypsy Moths. 11Approved Resolution* asking Oakland County to be the governing body responsible for the suppression;,,of gypsy moths,..,),, 3. Employee Flu Immuni- zation Program.:,-,,Authorized the Township to participate in the flu immunization program for Township employees at a cost of $7.50 per employee who chooses to participate. 4. Halloween Trick or Treat Hours. Set the 1993 Halloween Trick or,,Treat. hours for 6:00 p.m., to 8:00 p.m. on Sunday, October 31; 1993. , _.,AYES: Brown, Cueny,' 'English, Skylis, Barnes.". NAYS: Notre, A999NT: Hall, Kemp. MOTION CARRIED 5 -0. 1 165 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING MONDAY. SEPT BER 20 3 8H -2. SOLICITATION REQUEST FROM SOCIETY. Moved by Cueny, supported the Michigan Humane Society request collect money instead of candy on "Trick or Treat" hours (6:00 p.m and Skylis, Brown, Barnes, Cueny. NAYS: Hall, Kemp. MOTION CARRIED 9 -1. MICHIGAN HUMANE )y Barnes to deny to have children Halloween during 8:00 p.m.) AYES: English. ABSENT: ' 9. BOARD MEMBER Trustee Cueny COMMENTS reiterated that in the future he would not take any action during "Brief Public Comment ". He did not feel both sides of issues are heard when non - agenda items are addressed at the beginning of the meeting. Trustee Barnes again stated he would like the Township to correspond with the developer of Paint Creek Ridge so that no trees are lost on Kern Rd. during construction of the safety path. Clerk English said this correspondence should be directed through the Supervisor or Clerk and not come from the department head. Trustee Barnes said he has correspondence from 1987 where the developer has agreed to expand the road right -of -way and seems to imply that he has publicly agreed to "give up-some of 'the platted land if needed for a safety path ". He would strongly encourage the Planning Commission to adopt a -woodlands ordinance and he will prepare a resolution for action at the next meeting. 10. NEW BUSINESS Y ' A. REQUEST FOR REFUND, ZBA CASE NO. AB- 93 -72, DAVID & KAREN DILLON. Clerk English commented it was unusual to request a full refund when a case has been heard and denied. Trustee Skylis said this case probably should not have come before the ZBA but the Building Official wanted the matter to go through proper channels for interpretation of the ordinance. Moved by Cueny, supported by Skylis to refund the $100 filing fee for ZBA case AB- 93 -72. Ann Christ, Township Attorney, was concerned about the Township setting a precedent by returning the filing fee. The motion was. amended to read: Moved by Cueny, supported by Skylis, because the case AB -93 -72 should not have been heard by the ZBA, that we refund 60% of the filing fee or an amount based on the ordinance criteria to the applicants, David and Karen Dillon. AYES: Barnes, Brown, English, Skylis, Cueny. NAYS:None. ABSENT: Hall, Kemp. MOTION CARRIED 5 -0. B. PLACE PAST DUE ACCOUNTS ON TAXES. Moved by English, supported by Skylis to place the following the following delinquent amounts on the December tax bills (attachments* to Supervisor's memo dated September 15, 1993): Water and Sewer $119,569.39 Weed Cutting 1,992.50 Chloride 33.00 Escrow 1.039.50 Total $122,139.39 AYES: Barnes, Cueny, Brown, Skylis, English. NAYS: None. ABSENT: Hall, Kemp. MOTION CARRIED 5 -0. 166 CHARTER TOWNSHIP OF ORION BOAJtD OF C. BUILDING COMMITTEE REPORT. MINUTES Trustee Cueny feels that revenue sources can be identified to allow the building expansion to begin in 1994. Revenue will increase with the growth in the Township and expansion of the tax base. Also, sale of the old Township Hall could bring in as much as $200,000. Square foot requirements have also been reduced to 6000 square feet with a reduction in cost. He said he will be contacting local banks to see what types of funding might be available. He asked the Supervisor to place this item on the October 4 meeting agenda under Pending Business so the Board can review the proposals from architects. He also asked Board members to give specific reasons why they did not feel this project can go forward in 1994. No comment was received from the public. Trustee Barnes asked Mr. Berger to check on activity at Indianwood and Cayuga. Mr. Berger said he has an ongoing file on this property and he will look into matter again. There was also discussion on property south of Silverbeli and M -24. Mr. Berger said he has attempted to have the owner clean up the property. Mr. Berger also gave a brief update on the Meacham case which is before the Planning Commission. Richard White, Director of DPW, updated the Board on a problem with the.large water main on Brown Rd. west of M -24. DiPonio and Morelli has excavated the area and found that a gasket problem had allowed leakage. Repairs are being made and DiPonio and Morelli will be billing the Township. Moved by Barnes, supported by Skylis to adjourn the meeting. AYES: All. NAYS: None. ABSENT: Hall, Kemp. The meeting was adjourned at 11:15 p.m. Marie E. Engli , Clerk Charter Townsh p of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. J 167 CHARTER TOWNSHIP OF, -ORION BOARD OF TRUSTEES * M I N U T E S* SPECIAL MEETING, THURSDAY, SEPTEMBER 30, 1993 The Charter Township of Orion Board of Trustees held a Special Meeting, Thursday, September 30, 1993 at 7 :00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Treasurer Suzanne Hall Trustee Burke Cueny ABSENT: Clerk Marie English OTHERS: Sharon Smith Jill Bastian Tom Berger Mark Vagi Trustee Allen Barnes Trustee Peter Kemp Trustee James Skylis Dick Scribner The meeting was called to order at 7:01 p.m. by Supervisor Brown. The secretary called the roll. All members were present except Clerk English, Trustee Cueny, and Trustee Skylis. Moved by Kemp, supported by Barnes to receive and file the August 1993 Financial Statements. AYES: Hall, Brown, Barnes, Kemp. NAYS: None. ABSENT: Cueny, English, Skylis. MOTION CARRIED 9 -0. Trustee Cueny arrived at 7:05 p.m. There was discussion on adjusting the General Fund Budget, General Activities, to cover the $10,500 payment for the Ballard Drain. The amount would come from carry forward funds. Trustee Kemp felt drains were the responsibility of the Department of Public Works and the payment should come from the Water and Sewer Fund. Treasurer Hall asked if this was the practice in other communities. Discussion followed on getting input from Richard White, Director of Water and Sewer, on this item before action is taken. Moved by Kemp, supported by Barnes to hold the matter of the budget adjustment for Ballard Drain over to the October 18, 1993 meeting. AYES: Cueny, Hall, Brown, Barnes, Kemp. NAYS: None. ABSENT: English, Skylis. MOTION CARRIED 5 -0. The Board conducted a work session on the 1999 budget. The following main points were discussed: ' Supervisor Brown referred to a handout* titled "State General Revenue Sharing Payments Summary" and commented the State may reduce payments to Orion Township next year by as much as $600,000. He also said Oakland County is considering an 8% increase in the Sheriff's Department contract this year with phase -in of "full cost recovery" over the next few years. Sharon Smith, Township Bookkeeper, said the police fund will be over budget this year in part due to overtime payments. Trustee Cueny felt the Township could eliminate one deputy for a $75,000 savings or put a millage increase on the ballot to maintain services. There was brief discussion on when an election could be scheduled. • oo MINUTES Trustee Skylis arrived at 7:28 p.m. Discussion followed on the difficulty of budgeting when large changes in revenues and expenses are possible in the coming year. Treasurer Hall said the tbwnship'"must depend on the voters to tell the Township how much they are willing to spend on local government. She also suggested the Board prepare two budgets - with and without state revenue sharing included. There was discussion on budgeting for salaries. The figures in the budget are generally based on a 3% increase. Mrs. Smith suggested it would be fair to give all employees an even dollar amount. She prepared figures* which show that a $1000 increase in wages per employee would be a savings of $25,000 over a 3% increase. Treasurer Hall also suggested going back to a 35 hour work week. Trustee Skylis said this should be decided by the full time elected officials who know what is needed in each office. Tom Berger, Building official, said his proposed 1994 budget is reduced as much as possible and he could not operate his department with less employees with the workload they currently have. He said he needs to make changes in his office to make room for new employees but he may be able to make line item adjustments to pay the cost from the 1993 Building Department budget. Discussion followed on "revi*e%i"n4'' the building fee schedule for possible increases, additional revenues from ordinance enforcement, and hospitalization costs. There was also brief discussion on the contract with the Village regarding inspection fees. Mr. Berger said the Village has not responded to the proposed contract. Mrs. Smith commented that Item 956, Dues and Miscel- laneous, is over budget for 1993. Mr. Berger did not anticipate any further expense in this item for 1993 No changes were made in the proposed budget for the Building Department. 806 - Contractual Help - Mark Vagi, Director of Parks and Recreation, said there are 40 acres of grass at the Township which must be maintained from April to November. He strongly suggested the Board put out a bid package to compare the cost of,cq tracting the work with the cost of purchasing'riew coNerclal ILgdipment. He said the current temporary labor force could be reduced if the work was contracted and the work would be done in a more timely and complete manner. Trustee Kemp asked if some other item would be reduced if the work was contracted. Discussion followed on 974 - Capital Outlay - Grounds ($25,000 was budgeted for the construction of soccer fields in 1993) and 934 - Grounds Maintenance (ballfield maintenance). 930 - Repair /Maint - Township Hall - The is due to necessary roof repairs and carpet in the lower level. Trustee Cu items may need to wait until the hall is No changes were made in the proposed Grounds Budget. large increase replacing the -ny said these expanded. Buildings and u CHARTER TOWNSHIP OF ORION.BOARD OF TRUSTEES 169 MINUTES Mr. Vagi said the figures he has proposed for the 1999 Parks and Recreation Budget are the same or show a small increase from 1993. He discussed various recreational activities which are organized by his department such as the children's theater program and the summer concert series. There was brief discussion on generating revenues from programs. ' He referred to a memo* he sent to the Board dated August 26, 1993 regarding his salary. Mr. Vagi asked the Board to look at the discrepancy between his salary and the salaries of the other department heads. He also asked them to give some justification for the difference and to consider increasing his compensation to put him on an equal basis with other department heads. He said he has taken on additional responsibilities without the assistance of a secretary since he started in 1989. Trustee Kemp asked if Mr. Vagi has a written job description. Mr. Vagi said he developed a job description in 1989 but he didn't know if Is-officially on file. He will provide Board members with copies. Mr. Vagi also commented that he has not had a written or oral job evaluation since he began his position. Trustee Skylis said he would like 'to see a job description, an evaluation, and a comparison of salaries in other municipalities before action is taken on a large increase. Trustee Barns &omp'iimen'ted Mr.� Vagi on the job he has done with various committees. ' Discussion followed on possibly removing responsibilities from Mr. Vagi which are outside Parks and Recreation such as safety paths and recycling. He said 50% of his time is spent on non -Parks and Recreation matters. There was also discussion on having the mail delivered so that Mr. Vagi would not have to wait in the morning to pick it up. Treasurer Hall preferred to have the mail arrive in the morning so that payments and deposits can be processed. Treasurer Hall noted that she did not supply some of the figures which are shown under the Township Treasurer Budget such as salaries. She also handed out a Treasurer's report and information on budgeting. Trustee Kemp asked if a possible increase for the DPW workers under the union contract was included in the budget. Supervisor Brown will check those figures. Trustee Skylis asked the Board members to have suggested budget amounts ready for the next work session. Treasurer t Hall said basic salary increases attempts by the the budget. decisions still have to be made on and longevity. Trustee Kemp said employees to unionize may also affect Mrs. Smith pointed out to the Board that there are no budget figures for the Special Assessment District Funds or the Host Fee Fund. Supervisor Brown will provide figures for those funds. The Board agreed to a set a budget work session for October 13, 1993 at 7:00 p.m. 170 CHARTER TOWNSHIP AF !i111q161W4Z1 ._ Moved by Barnes, supported by Skylis to adjourn the meeting. AYES: Cueny, Barnes, Hall, Brown, Skylis, Kemp. NAYS: None. ABSENT: English. MOTION CARRIED 6 -0. The meeting adjourned at 8:30 p.m. Marie E. English, Clerk Charter Township of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* SPECIAL MEETING, MONDAY, OCTOBER 4, 1993 The Charter Township of Orion Board of Trustees held a Special Meeting, Monday, October 4, 1993 at 6:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Trustee Allen Barnes Clerk Marie English Trustee Burke Cueny Treasurer Suzanne Hall Trustee Peter Kemp , Trustee James Skylis OTHERS: Susan Galeczka Richard Tomczak Nancy Downs Kevin Laidler. Sandra Dyl Jill Bastian Don Bartus Carl Cyrowski Supervisor Brown called the meeting to order at 6:05 p.m. Clerk English called the roll. All members.were present except Trustee Skylis who arrived at 6:07 p.m. The Special Meeting was held to conduct interviews with applicants for the Orion Township Planning Commission and Zoning Board of Appeals. The applicants were interviewed in the following order: Sandra Dyl, 1558 Nancy G Ln. Jill Bastian, 913 Heights Rd. Nancy Downs, 800 E. Clarkston Rd. Don Bartus, 824 Pine Tree Kevin Laidler, 459 Bellevue Moved by English, supported by Skylis to adjourn the Special Meeting. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, I Cueny. NAYS: None. MOTION CARRIED 7 -0. The meeting adjourned at 6:55 p.m. L Marie E. English, Clerk Charter Township of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. 171 CHARTER 'NWNSHIP OF' ORION BOARD OF TRUSTEES A M::t #'U T E Sn�* REGULAR MEETING, MONDAY, OCTOBER 9, 1993 The Charter Township of Orion Board of Trustees held a Regular Meeting, Monday, October 9, 1993 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall OTHERS: Tim Patterson Nancy Downs Leon Cudnohufsky Ralph Sohocki Maizie Paterson Jerry Marchioni Cynthia Simpson Dick Scribner Doug Carnegie Sharon Bell John Malak Susan Galeczka Richard Tomczak Don Maxim Thomas Easton Robert Turnbull John Attwell Jill Bastian Elaine Pantak Neil Dichtel Richard M. White Chris Carr Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis Sandy Dyl Carl Cyrowski Lisa Carnegie Rich Easton Mary MacMaster Gail Connolly Tom Berger Beth Webster Jim Milford Ronald Sogge Richard Webster The meeting was called to order at 7:08 p.m. by Supervisor Brown. • The Pledge of Allegiance was led by Treasurer Hall and the invocation was given by Rev. Robert Davis, United Methodist Church of Lake Orion. Clerk English called the roll. All members were present. A. REGULAR MEETING, MONDAY, SEPTEMBER 20, 1993. Treasurer Hall asked for a clarification of the last sentence on page 9 regarding the Village Water Agreement. Trustee Cueny asked that his quote regar- ding the developer restoring the trees on Kern Rd. be added under Brief Public Comment, page 5, paragraph 3. Clerk English asked the Board to set over approval of the September 20, 1993 minutes until October 18, 1993 so she can review the meeting tapes regarding the items on page 5 and page 9 and make corrections if needed. B. SPECIAL MEETING, MONDAY, SEPTEMBER 20, 1993. Moved by English, supported by Barnes to approve the minutes of the Special Meeting of Monday, September 20, 1993 as submitted. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. •;M Supervisor Brown referred to the bill from Orchard, Hiltz and McCliment on page 2 which includes $46,605.75 for engineering for the Waldon /Giddings paving project. The attorney is preparing a contract for this project which should be ready in the next 4 -5 dais. 17CHARTER TONNORIR OF RRd9W 4pARPP off, BILLS. cont... ,; t MINUTES Trustee Cueny had several questions on the attorney bills including the bills for First Security Bank. Clerk English asked the Board to subtxact_the,.AdIl, for International Institute of Municipal Clerks for $95.00. Trustee Kemp questioned the bill for the Marshall Swift commercial estimator (page 3). John Attwell, Township Assessor, explained this is an annual renewal which updates this service. Trustee Barnes questioned the mileage for Bob Smith, Fire Inspector (page 2). Chief Key said the Township vehicle will be ready for Mr. Smith to drive soon. Mr. Smith also attended a seminar which increased his mileage. Moved by Cueny, supported by Barnes to approve the bills for payment in the amount of $115,514.74. AYES: Kemp, Skylis, Brown, Hall, Barnes, Cueny., NAYS: English. MOTION CARRIED 6 -1. 6. BRIEF PUBLIC COMMENT Lt. Bruce Naile, OCSD, informed the Board that during the past month the Sheriff's Department has taken delivery on two new patrol cars which were included in Orion's contract prices for last year. Mary MacMaster, 3539 Capaldi Circle, referred to an article in the September 19, 1993 Oakland. Press regarding benefits for part time public officials in other municipalities. She said the maiori,ty of part time public officials do not receive benefits. She also summarized an article which appeared,,,in the September 29, 1993 Lake Orion Review which- said that trustees are elected to serve the people who vote them in and should not receive benefits. • ;8 :, Moved by supported by .;.Hall t{Lr, include a resolution pertaining to the kern Rd. trees as Item 10- E. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. Moved by Barnes, supported by Cueny to approve the agenda as amended: Delete Item G1 -a, Dangerous Building Ordinance, this item will be readvertised and placed on the next agenda. Tim Patterson, Township Attorney, explained that a section which was deleted by the Building Official is mandatory under State law and the ordinance must be readmertlse4 v4t)�, that 1,anquagQ;,included., Correct Item 10 -C, to read "FCC Telecommunications ". AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. A. PREVIOUS AGENDA ITEMS. 1. ANDERSON REZONING, ROBERT ANDERSON, PETITIONER, (PC- 93 -14) a proposed rezoning from SE, RM -1 and R -3 to CB for 12 parcels totaling 20.3 acres on the west side of M -24 north of Scripps Rd. (Sidwe11M 09 -14- 300 -023, 024, 025, 026, 027, 028, 029, 030, 031, 035, 036 6 043). The Planning Commission recommended denial of the rezoning on a 7 -0 vote (memo* dated September 9, 1993). 173 CHARTER TOWNSHIP OF -ORION BOARVIOP TRUST86S MINUTES REGULAR MEETING, MOIWAY., Oi`WOMR 4, 1193'' ANDERSON REZONING REQUEST. cont... There was brief discussion on the reasons three members voted against the Planning Commission recommendation at the last meeting. Supervisor Brown said there was discussion on sending this matter back to the Planning Commission so that an alternative could be found. Clerk English said the motion to reject the rezoning was not valid and a motion should have been made to approve or deny the recommendation from the Planning Commission. Trustee Skylis said these property owners have been waiting for a long time for their properties to be rezoned and felt the Planning Commission could work with them to find a solution. Moved by Barnes, supported by Cueny that the Board follow the recommendation of the Planning Commission and deny the requested rezoning of those parcels of property as outlined in the recommendation for the 13 reasons as stated in the correspondence* from the Planning Commission dated September 9, 1993. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. 2. APPEAL OF LOT SPLIT DENIAL, GALAXY WAY, MAXIM AND GUINN, PETITIONER. Lot split application #93 -026 for property on Galaxy Way, Keatington Knolls Subdivision, (Sidwell #09 -21- 358 -033, an 11.2 acre parcel, to be split with .51 acres to be joined to #09 -21 -358 -012, residential Lot# 11, allowing that lot to have direct access to Voorheis Lake) Moved by English, supported by'Barne+a to remove this ' matter from the table. AYES: Kemp, Skylis, Brown, English, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. Don Maxim, representing the petitioners, asked the Board to reconsider the decision by the three elected officials and approve the lot split. He said petitioners are trying to follow correct 'procedures even though they could have sold both pieces to same person or granted an easement which would serve the same purpose. They have no plans to build on the wetlands or jeopardize them in any way. Clerk English read a letter from Keatington Knolls Neighborhood Association, objecting to the proposed split. In summary, the letter said Lot #11 as originally platted does not include lake access and, according to the deed restrictions, the plat cannot be changed unless it is approved by 75% of the landowners. They feel granting the split would cause an overuse of the wetlands per Ordinance #55) and would jeopardize Pike Creek which runs through the parcel. The creek is essential to the ecology of the area and pollution control. ' Lisa Carnegie, 2330 Galaxy Way, President of Keatington Knolls Neighborhood Association, said it was the consensus of the homeowners whose signatures appear on the back of letter that they are opposed to the split. She also commented the lot is`gdvertised as a lake lot and the property has been cleared without a permit. There was discussion on enforcing deed restrictions. Mr. Patterson explained that restrictions are enforced by the association. The Township does not have the power to enforce the restrictions unless the Township is a party to the restriction agreement. Mr. Maxim said he was not aware of the deed restrictions on the property and the lot has not been cleared. 174 CRARWR TOWNSHIP OP,ORUW 8O&Q.••0F;TF4U0T3R6 :w Mi�µi ?ES REGULAR MEETING MONMY t QGMR= 4, 19W,r+ GALAXY WAY LOT SPLIT. cont... Max Maxim said he has owned the property for 8 -10 years and he felt the association has nothing to do with this matter. He said the Supervisor visited the site and saw there was 15 -20 feet of high ground on which to build and the wetlands would not be disturbed. Mrs. Carnegie said the property is very wet in the spring and offered a video tape of the area. Discussion followed. ' Trustee Skylis asked the attorney whether the Board has the right to approve or deny this split. Mr. Patterson said he would research whether the alteration of the boundaries of a platted subdivision requires a plat amendment and make a report at the next meeting. Moved by Kemp, supported by Skylis to table this matter until the next meeting. Rich Easton, 2320 Galaxy Way, asked the Board to deny the split and maintain the subdivision as platted to preserve the wetlands. Clerk English said-the matter,r,shoul$� not be tabled and the Board should not spend money._,,to-rhave thw.atttorney research this matter because the Board cannot add property to a platted subdivision. VOTE: AYES: Cueny, Barnes, Hall, Brown, Skylis, Kemp. NAYS: English. None. MOTION CARRIED 6 -1. 3. HIGHLANDER CHLORIDE SAD. Moved by Hall, supported by Barnes to authorize the Supervisor to prepare a preliminary cost estimate for chloriding Highlander ' between Detroit Blvd. and Clairemont and report back to the Board at a future meeting. AYES: Skylis, Barnes, Kemp, Cueny, Hall, English, Brown. NAYS: None. MOTION CARRIED 7 -0. 4. WAIVER OF FREEDOM OF INFORMATION CHARGES. Treasurer Hall asked for Board approval to waive the fee for Freedom of Information Act (FOIA) requests for tax information from realtors and title companies. She wanted to institute a process of asking them to fax their requests so the Treasurer's office can respond as time allows during the day. Information from the MTA indicates Board action is required to waive FOIA charges but she wanted to evaluate the program for 60 days before determining what charges should be made. Moved by Cueny, supported by Kemp to allow the Treasurer to run a test program to provide tax data by fax for a period of 60 days with no charges during this period. Clerk English said it was a function of the Treasurer's office to handle calls when they come in. AYES: Barnes, Cueny, Hall, Brown, Skylis, Kemp. NAYS: , English. MOTION CARRIED 6 -1. 5. PLANNING COMMISSION ACCESS TO TOWNSHIP ATTORNEY. Treasurer Hall, Township Board representative on the Planning Commission, asked the Board to clarify Planning Commission access to the Township Attorney. She proposed that Planning Commission contacts with the attorney be made through the Chairman or Vice Chairman in his absence (memo* dated September 28, 1993). Supervisor Brown said he would support the policy if the any request goes through his office and he is made aware of the matter immediately. 175 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY. OCTO$ER y4. 1993 PLANNING COMMISSION ACCESS TO TOWNSHIP ATTORNEY. cunt... Clerk English felt any contact with the attorneys should go through the Supervisor because he is in charge of legal matters of the Township and the Planning Commission which is an appointed recommending body. Also, the Board is responsible for the Township bills. She referred to a $650 charge for one contact with the attorney by a Planning Commission member. ' Treasurer Hall did not feel the Planning Commission members abuse their contact with consultants. Elaine Pantak, 1930 Indianwood Rd, and' Duane Decker, 397 North Shore, were opposed, to Planning Commission contact with the attorney because 'they are not elected officials and professional consultants are very expensive. Jill Bastian, 913 Heights Rd., and Sandra Dyl, Planning Commission member, supported the policy regarding access to the attorney because there are matters where time is critical. Discussion followed, on past incidences of contact with the attorney. There was further 'discussion on allowing the Zoning Board of Appeals the same access to the attorneys. Trustee Skylis felt contacts should be directed through the Supervisor. Moved by Cueny, supported by Barnes to approve the Treasurer's request that the Chairman of the Planning Commission be allowed to place telephone calls and request the assistance of the attorneys at his /her discretion. Planning Commissioners who wish to consult the attorneys must do so through the Chairman. In the absence of the Planning Commission Chair, the Vice Chairman is authorized to consult with the attorneys; Planning Commissioners may consult the attorneys through the Vice Chair in the absence of the Chairman; and, in such rare cases,, within 29 hours the Chairman of the Planning Commission or Vice Chairman, whomever made the communication, must submit a written report to the Supervisor who in turn will make copies for entire Board. AYES: Kemp, Skylis, Brown, Hall, Barnes, Cueny. NAYS: English. MOTION CARRIED 6 -1. 6. BUILDING COMMITTEE - ARCHITECTURAL PROPOSALS. Moved by Kemp to table this matter until the Township hears from Lansing regarding how much State Revenue Sharing it will receive next year. Trustee Cueny asked the Board to authorize a soil boring test for $7000 -$8000 so it can be determined whether or not the old Township Hall can be sold when the time comes. ' He also said he has been working on the financing for the expansion and feels the project is possible. He felt the Building Committee should disband if action is not taken to proceed at this meeting. Discussion followed on finding funds for the soil borings. Trustee Skylis said this matter could be made part of the purchase agreement. Further discussion followed. Trustee Cueny said he 'is'villing to contact companies regarding soil borings but this would be his last act on the Building Committee if the Board does not take action on this matter at the next meeting. Discussion followed on reviewing architectural proposals so the Board is ready to act when it has information on State Revenue Sharing. 176 i .. i,. i1w r, ,.., CHARTER TOWNSHIP OF ORIbN BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, OCTOBER 4, 1993 The motion before the Board was supported by Skylis. AVE-6i Hg11, Barnes, Cueny, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. The Township Board temporarily recessed from 9:00 -9:15 p.m. ----------------------------------------------------------- - - - - -- B. SUPERVISOR'S OFFICE REQUEST FOR INTERSECTION CONTROLS. Moved by English, supported by Kemp to authorize the Supervisor to correspond with the Road Commission indicating that we have no objections to the request for intersection controls in Bunny Run Country Club. AYES: Cueny, Hall, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Barnes (temporarily) MOTION CARRIED 6 -0. C. TREASURER'S OFFICE 1. TOWNSHIP INVESTMENT POLICY RESOLUTION. Treasurer Hall asked the Board to adopt an updated and expanded Investment Policy (memo* dated September 29, 1993) which is based on a model from the Municipal Treasurer's Association. The Board suggested Treasurer Hall to make changes in the following areas: *Under Scope, second line, change to read "The following funds" *Remove Shearson Lehman Bros. and Manufacturers National Bank of Detroit from Depository Institutions. *Change First of. America to First of America Southeastern Michigan, NA *Change Standard Federal Savings to Standard Federal Bank *Add certification language at the end of the Resolution. There was discussion on the section regarding Ethics and Conflict of Interest. Board members felt the employees involved in investments should sign a conflict of interest statement. Clerk English will provide the Board with a conflict of interest policy which was adopted in 1979. Trustee Barnes said the banks may also have sample language. He also suggested adding language referring to Township ethics policy. Treasurer Hall will make changes to the policy and bring it back to the Board in final form at the next meeting. Trustee Skylis asked for a quarterly itemized list of investments including the Water and Sever Fund showing how much is invested in each account, at what interest rate, and the length of the investment. 2. REQUEST TO PURCHASE EQUIPMENT. Treasurer Hall requested authorization to purchase a replacement workstation and printer for use on the counter in her office. She said funds are available in General Activities for this purchase. 177 CNWRTER TOWNSHIP OF'ORTON•BORRO OF TRUSTEES MINUTES REGULAR MEETING, MONDAY.j I OCTOBER 4. 199x3' R E. F. Moved by Barnes, supported by Cueny to approve the purchase of the two pieces of equipment identified in Treasurer Hall's memo* dated September 28, 1993 at a cost not to exceed $1100 (Epson Printer, Model LQ -570+ and a Decision Data Model 3776 workstation). AYES: Hall, Brown, Skylis, Kemp, Barnes, Cueny. NAYS: English. MOTION CARRIED 6 -1. BUILDING DEPARTMENT MATTERS 1. REQUEST TO COMBINE NON - CONFORMING LOTS, LAKE ORION COUNTRY CLUB, BIRMINGHAM ST., ROBERT TURNBULL, PETITIONER. Supervisor Brown said the lot combination would create a buildable lot of 60' x 1201. Mr. Turnbull was present and answered questions from the Board. He said he would not need a variance from the ZBA and would not be adding a garage. He stated he owns the lots under consideration. Moved by English, supported by Skylis to approve the request to combine non - conforming lots of record, Lots 13 & 19, Block 8, Lake Orion Country Club, Birmingham Street. AYES: English, Brown, Hall, Barnes, Cueny, Skylis, English. NAYS: None. MOTION CARRIED 7 -0. FIRE DEPARTMENT MATTERS REQUEST TO SELL SURPLUS EQUIPMENT (memo* dated September 29, 1993 from Chief Key). Moved by Cueny, supported by Barnes to authorize the Fire Chief to sell surplus equipment as noted in the September 29, 1993 memo* including two 1959 Ward pumper trucks and recommend the Fire Chief contact Golling Pontiac, Canterbury Village, and other publications pertinent to the disposal of these items with sealed bids to be received by November 30, 1993 at noon in the Clerk's office. AYES: Hall, English, Brown, Kemp, Skylis, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. Trustee Kemp recommended the equipment be offered as is. Clerk English said the Clerk's office will draw up an advertisement for review by the Fire Chief. PARKS AND RECREATION MATTERS ESTATES OF LONG LAKE CONTRIBUTION IN LIEU OF SAFETY PATH (memo* dated September 22, 1993 from the Orion Township Planning Commission) Moved by Skylis, supported by Kemp to concur with the Planning Commission and to approve the contribution of $8,500 from Estates of Long Lake in lieu of construction of the .'safety path with-the money to go into the Safety Path escrow account. AYES: English, Hall, Brown, Barnes, Cueny, Kemp, Skylis. NAYS: None. MOTION CARRIED 7 -0. 1 G. ORDINANCE ADOPTION 1. ADOPTION a. DANGEROUS BUILDING ORDINANCE. This matter was set over until the next meeting. b. AMENDMENTS TO ORDINANCE NO. 100, OFFICER AND EMPLOYEE BENEFITS ORDINANCE. The following proposed amendments to Ordinance No. 100 have been advertised for adoption: 178 CWWTER TOWNSHIP Q! "ORIDON•BOMWiOR17UMTQE3 , rrM)i¢iIiTES REGULAR MEETING, MONDAY sOCTaRtR 4,, =1993 BENEFITS ORDINANCE. cont... SECTION 2 - DEFINITIONS Delete entire Section 1.A and replace with the following: Elected Officials - An elected official shall be a person who has been elected to serve in a public office of the Township by the qualified electors of the Township. The term of elected officials shall also ' include an official who hasi.been appointed to serve part or all of the remainder of an elected official's term, of •o1f f ice 4, Xlected- officials. include the Supervisor, Clerk, and - Treasurer.-and the.viour (4) Trustees of the Board. Delete entire Section I.B and replace with the following: Full -time Employee - A full -time employee shall be a person who is scheduled to work 35 -40 hours per week in a calendar year. For purposes of this definition, "full -time employee" shall include the Supervisor, Clerk, and Treasurer and shall exclude the four (4) Trustees of the Board. Moved by Barnes, supported by English to adopt the amendments to Ordinance No. 100, Officer and Employee Benefits Ordinance as proposed., Trustee Kemp; was opposed because the. ajwndments conflict with State law which (as of last October) considers a person who earns $60 per week a full -time employee (per MESC). He said he averages at least two hours a day on Township business in addition to ' attending Board meetings, committee meetings and conferences and is on call 24 hours a day. He felt this matter was given due consideration at past meetings and objected to expending approximately $4000 on attorney fees. The following residents addressed the Board in support of the amendments: Mary MacMaster, 3539 Capaldi Circle Jill Bastian, 913 Heights Rd. Beth Webster, 1132 S.—L ong Lake Jim Foster, 894 Pine Tree AYES: Cueny, Hall, Brown, Barnes, English.., NAYS: Skylis, Kemp. MOTION CARRIED 5 -2. 2. FIRST READING a. GRENON REZONING REQUEST, .99 ACRES M -24, SOUTH OF ODANAH (PC- 93 -29). Clerk English read a letter* dated October 4, 1993 from the attorneys representing the petitioners asking to withdraw the request. The owner may refile with the Planning Commission when objections regarding traffic congestion have been addressed. ' b. FAITH EVANGELICAL CHURCH REZONING REQUEST.,(PC-93- 23), a request to rezone 30 acres of industrial park from IP to OP -2, not including the LIn2. portion known as sidwell #09 -35- 200 -012 and to rezone the easterly 3.8 acres of parcel #09 -35- 200 -012 from LI -2 to OP -2, as submitted on September 7, 1993. The property is located south of SilverpmiI, Rd.; west of Bald Ntn. Rd., and east of M -24. Supervisor Brown announced the First Reading of the proposed ordinance. Clerk English read a memo* dated September 28, 1993 from the Orion Township Planning Commission recommending approval of the rezoning. TOWNSHIP OF ORION.00A#p OF TRAST99S m4y1 ES H. CONSENT AGENDA Moved by Cueny, supported by Kemp to approve the Consent Agenda as presented: Approved request from the Fire Chief for Fire Inspector Robert Smith to attend the Hazardous Materials training course in Lansing and to pay necessary fees and expenses. AYES: Skylis, English, Brown, Hall, Barnes, Kemp, Cueny. NAYS: None. MOTION CARRIED 7 -0. ' 9. BOARD MEMBER COMMENTS Trustee Cueny asked Board members to study the architectural proposals which were received so they will be ready to take action on the Township Hall expansion before building costs rise. A. PETITION REQUESTING SAFETY PATH ON BALDWIN RD., WEST SIDE, FROM WALDON RD. NORTH TO LEEWOOD ST. Moved by English, supported by Cueny to receive and file petitions from Keatington Mill Lake residents requesting a Safety Path to be constructed on Baldwin Rd. and submit the petitions to the Safety Path Advisory Committee for their consideration and comments. AYES: Skylis, Kemp, Hall, Brown, Barnes, Cueny, English. NAYS: None. MOTION CARRIED 7 -0. B. ZBA RESPONSE TO CORRESPONDENCE FROM CLERK RE: 4 -H CHICKENS (memo* dated September 29, 1993) Moved by Skylis, supported by Cueny to ask for an opinion from the Township Attorney on how raising 4H animals applies ' to Section 6.04 of Ordinance No. 78 and to ask the Township Planner for any pertinent information he may have regarding matters such as, this. AYES: Kemp, Brown, Hall, Barnes, Cueny, Skylis. NAYS: English. MOTION CARRIED 6 -1. C. RESOLUTION RE: FCC TELECOMMUNICATIONS.,, Trustee Kemp explained, under a recent FCC ruling, public access channels must have a protagonist on file with the FCC by November 1, 1993. Moved by Hall, supported by Barnes to adopt the Resolution* appointing Orion Community Cable Communications Commission as the Township's spokes organization on FCC telecommunications. AYES: Cueny, Brown, English, Skylis, Kemp, Barnes, Hall. NAYS: None. MOTION CARRIED 7 -0. Trustee Barnes prepared a Resolution* for adoption by the Board regarding the Kern Rd. trees. There was discussion on Item #1 and #3 under "Now, Therefore be it resolved" - regarding immediately implementing a woodlands ordinance. Clerk English said a woodlands ordinance must go through the Planning Commission Including necessary public hearings. Treasurer Hall commented these items dealt with Board and Planning Commission policy and could be deleted. D. MASTER PLAN MAP FOR ROAD RIGHT -OF -WAYS. Clerk English read a memo* dated September 22, 1993 Eros the Orion Township Planning Commission. Moved by Cueny, supported by Hall to send a letter to the Oakland County Road Commission asking them to adopt Orion Township's Master Plan for road right -of -ways. AYES: Kemp, Skylis, Brown, Hall, Barnes, Cueny. NAYS: English. MOTION CARRIED 6 -1. ' E. RESOLUTION RE: REGARDING KERN RD. TREES. Trustee Barnes prepared a Resolution* for adoption by the Board regarding the Kern Rd. trees. There was discussion on Item #1 and #3 under "Now, Therefore be it resolved" - regarding immediately implementing a woodlands ordinance. Clerk English said a woodlands ordinance must go through the Planning Commission Including necessary public hearings. Treasurer Hall commented these items dealt with Board and Planning Commission policy and could be deleted. 180 'NA -lttER TOWNSHIP 6#1 bkbN' MWMIT So MWWMTUr uri.KQL .1 KERN ROAD RESOLUTION. cont... 0 TES Yfl Supervisor Brown referred to a letter he wrote to Senator Dunaskiss and Representative Crissman asking that PA 150 be amended to state "on all Michigan Natural Beauty Roads a public hearing shall be held to determine if there is substantial damage to the native undisturbed vegetation along the roadways ". Discussion followed on directing this recommendation to the Planning Commission in writing or through Treasurer Hall. Sandra Dyl, Planning Commission member, said she has a rough draft of a woodlands ordinance from a former Planning Commission member which she can supply to the Supervisor and Claude Coats, Township Planner, who is currently working on a woodlands ordinance. Treasurer Hall asked if the Chairman 'of ,thc Planning Commission is aware that Mr. Coats is drafting an ordinance. There'waA' also brief discussion on" Itein k5 regarding taking civil action against the Road Commission and as well as the developer as allowed by Section 6 of Michigan Act 101 of 1993. Trustee Cueny suggested sending the developers notice that unless they restore trees in excess of 30 feet high on Kern Rd., they need not approach the Township for any further developments. Mr. Patterson said each petition to the Planning Commission must be treated on an individual basis. y ti �' Moved by Cueny, supported by Kemp eb 'adopt the Resolution* drafted by Trustee Barnes regarding destruction of the trees on Kern Rd. as permitted by the RCOC; with the deletion of section of it and /3 under "Now Therefore ". AYES: Skylis, Brown, Hall, Barnes, Cueny, Kemp. NAYS: English. MOTION CARRIED 6- 1. 87..!= , Beth Webster, 1132 S. Long Lake, addressed the Board at length about actions taken against her by the Township Ordinance enforcer. Chris Carr, 3375 Maybee Rd., asked if it was necessary to have stop signs on the abandoned railroad tracks. He also suggested having the Township Hall renovations compliment Canterbury Village. Moved by Skylis, supported by Kemp to adjourn the meeting. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. The meeting adjourned at 10:53 p.m. Marie E. Englistj; Clerk Charter Townsh of Orion Transcription: Mary Jane Shields *On file in the Clerk's office/ This meeting is on tape. 181 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* SPECIAL MEETING, WEDNESDAY, OCTOBER 13, 1993 The Charter Township of Orion Board of Trustees held Special Meeting, Wednesday, October 13, 1993 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Treasurer Suzanne Hall ABSENT: Clerk Marie English Trustee Jim Skylis OTHERS: Sharon Smith Richard White John Attwell Jill Bastian CALL TO ORDER Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Dick Scribner Carl Cyrowski The meeting was called to order at 7:05 p.m. by Supervisor Brown. The secretary called the roll. All members were present except Clerk English and Trustee Skylis. PLANNING COMMISSION INTERVIEW The Board interviewed Larry Mullins, an applicant for one of the vacancies on the Planning Commission. 9 The Board conducted a work session on the 1994 Budget. The main items discussed included: State Revenue Sharing. The State may allow the Township to replace State Revenue Sharing funds with 3 charter mills which would generate $600,000 per mill. The Township currently may collect 1.41 charter mills. There was general agreement to budget for 1994 based on expected revenues without changes in State Revenue Sharing and make adjustments later if needed. GENERAL FUND - EXPENDITURES PARKS AND RECREATION 101 -691 702 Salaries - Supervisory. Trustee Kemp objected to a large increase for Mr. Vagi. This matter was held until a job description is received from Mr. Vagi. HIGHWAYS AND STREETS 101 -446 938.2 Roads /Chloride - $61,000 paid in 1993. This item was reduced to $40,000 because no private roads will be chlorided next year. 937.1 Roads /Tri -Party - There was concern that these funds would not be available due to County budget problems. A suggestion was made by a resident to use funds for improving Judah Rd. Trustee Barnes suggested getting input from Loren Yaros, Road Commission on the most needed projects. Trustee Kemp said MDOT will be responsible for repairing Judah Rd. after the Baldwin /I -75 bridge is replaced. 182 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES SPECIAL MEETING WEDNESDAY, OCTOBER 13, 1993 Highways and Streets, cont... 980 Capital outlay /Road Paving - Leave at $50,000. Discussion on transferring $50,000 of 1993 funds to help pay police contract costs which are overbudget for this year. Trustee Cueny strongly objected. Sharon Smith, Bookkeeper, handed out a list of budget adjustments which need to be made in 1993. These will be discussed at the next regular meeting. Trustee , Barnes suggested using road paving funds to pay for relocating the entrance of Sunset Hill on E. Clarkston Rd. Board members commented these funds cannot be used for private roads. TOWNSHIP ASSESSOR 101 -209 John Attwell, Assessor, addressed the Board. 702 Salaries /Supervisory - $50,000 was set for 1994 when the Assessor was hired. 703 Non - supervisory Salaries - Increase to $111,000 based on the current level of expenditures ($108,00) plus a 3% increase for 1994. Treasurer Hall said the Board has not acted on salaries for 1994. Mr. Attwell said he may be asking for increases or title changes for employees who have taken on additional responsibilities in the last few years. There was discussion giving merit increases. Treasurer Hall said the current system has no administrative procedures in place and it is not working. She handed out information* on salaries including information on returning to a 35 hour work week fe*- eveTeee except ' Battd +rrq— and -A-s si-" and eliminating longevity by building it into base wages for current employees. Richard White, Director of DPW, said he has one office employee on 40 hours and he is not overstaffed. He also asked if department heads could review the figures on eliminating longevity before the Board adopts a policy. He said it would be fair to eliminate longevity for new hires. 716 Hospitalization. $43,000 based on a possible 20% increase in premiums. Trustee Cueny said the Township cannot keep giving raises and picking up all increases in hospitalization costs. Fie felt wages should be frozen and employees should help pay the costs. The Township Assessor subtotal was increased to $250,000 with other items related to salaries to be adjusted to reflect the increase in salaries. Trustee Cueny said this is a 15% increase in the proposed budget. BOARD OF REVIEW Mr. Attwell said Board of Review costs could drop ' dramatically if SB.1 is enacted because he would probably need only one Board for three days. 705 Per Diem Fees - reduce to $5000. 956 Dues and Misc. - reduce to $1,000 - used to pay for meals for Board of Review. COMMUNITY SERVICES 101 -975 Trustee Cueny felt the Township should eliminate all contributions to these programs because they are illegal. Trustee Kemp said most of this funding was eliminated in 1993 and he was surprised the matter has come up again. 183 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES SPECIAL MEETING, WEDNESDAY, OCTOBER 13, 1993 Community Service cont... Treasurer Hall said the Township has contracts with these organizations to provide services which the Township cannot provide. She also asked the Board to maintain the contribution to 969.15 - Boys and Girls Club. She said it is worthwhile expenditure because it serves many low income children. There was agreement to hold consideration of the Community Services budget until the Board has a definition of the types of organizations which it is legal to fund. PLANNING COMMISSION 101 -801 There was discussion on paying Planning Commissioners for special meetings at which general Township business is discussed. They are not currently paid a fee for meetings to discuss such items as the Master Plan or ordinance amendments. The Planning Commission Budget with a subtotal of $18,700 was not changed. ZONING BOARD OF APPEALS 101 -805 705 Per Diem Fees - Increase to $4800 to cover $200 per meeting ($40 per person) and 24 meetings per year. 715 Social Security - Increase to $370. URBAN REDEVELOPMENT (CDA) 101 -822 Mrs. Smith said 969.14 - Senior Van Driver - is overbudget for 1993. Trustee Cueny said the Township should attempt to be reimbursed for costs for the Senior Van. Line Items 935 Repairs /Maint. - $500 and ' 914 Insurance - $400 were added for the Senior Van. Supervisor Brown said the Township may also have to reimburse the school for the $1000 insurance deductible because the van was in an accident. Mrs. Smith said CDA revenue must agree with expenses and a budget adjustment would be necessary if these items are not reimbursed. There was also discussion on spending at the Senior Center. The committee at the center has asked for new carpet in the upper level which will cost approximately $3000. Mrs. Smith said 929 - Repairs /Senior Center is overbudget for 1993. She also explained that all CDA funds are reimbursed but the Township has to pay out the funds and wait to be reimbursed. $53,000 has been reimbursed to date this year. Trustee Cueny objected to spending any additional funds on the Senior Center. He felt the Township should look into a building a new Senior Center. Discussion followed. There was agreement by the Board to leave this item as budgeted until they can get up -to -date information on how funds can be spent. TOWNSHIP BOARD 101 -101 t 716 Hospitalization - underbudgeted for 1993 at $8,100. Change to $6000 in 1994 to pay half the cost. Trustee Cueny asked if Trustees receive $1200 in lieu of health insurance. Supervisor Brown said the Township Board record shows they do not. 956 Dues & Misc. - pays SEMCOG and MTA dues. Trustee Cueny objected to paying for SEMCOG and said he would not attend meetings. 184 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES SPECIAL MEETING, WEDNESDAY, OCTOBER 13. 1993 TOWNSHIP SUPERVISOR 101 -171 There was discussion on elected officials salaries and pensions. Trustee Cueny said elected officials and employees shoufH Dirk up part of their health insurance costs if they are given raises. Trustee Barnes suggested the elected officials bring figures showing a comparison of their salaries with neighboring communities. No changes were made in the Supervisor's budget. TOWNSHIP CLERK 101 -215 Richard Scribner, Deputy Clerk, said he was available to answer questions on the Clerk's office budget. Sharon Smith was also authorized by the Clerk to answer questions for her. 703 Salaries - Non - Supervisory. Change to $124,000 to reflect a 3% increase and overtime. 715 Social Security - increase to $12,800 based on increase in 703. 720 Deputy Bonus - reduce to $0. 861 Mileage - increase to $750. ELECTIONS 101 -191 Three elections may be held in 1994. The cost of the State Special Election regarding sales tax is expected to be fully reimbursed if no local questions are added. her office will he responsible for picking up the mail. Another budget worksession will be set and discussion items will include: Liquor license fees Budgets for SADs Building expansion Data processing charges for upgrading to AS /400 native language Planning consultant Roof repair and parking lot repair Carpet in the lower level of the Township hall Contracting lawn services New phone system New printer for AS /400 There was discussion on Ballard Drain. Richard White, Director of the Department of Public Works, suggested the Board establish a Special Assessment District or a millage to pay for building and maintaining storm drains. He felt the cost of storm drains should not fall on water and sewer customers. Trustee Cueny said this is a County responsibility and the people benefitting from the drain should be assessed. 705 Per Diem Fees. Increase to $15,000 for two elections in 1994. 715 Social Security. Increase to $1200. �x\ 740 Operating Supplies. Increase to $2000. 936 Repairs /Maint.Equip. Increase to $5000. TOWNSHIP TREASURER 101 -253 There was discussion on having the mail delivered to the Township. Treasurer Hall preferred to have the maims delivered so that payments are processed efficiently. Also, Township stationary and billings currently show the post office box rather than the VS address and would have to be changed. 723 Deputy Bonus - reduce to $0. 861 Mileage - increase to $750 - Treasurer Hall said her office will he responsible for picking up the mail. Another budget worksession will be set and discussion items will include: Liquor license fees Budgets for SADs Building expansion Data processing charges for upgrading to AS /400 native language Planning consultant Roof repair and parking lot repair Carpet in the lower level of the Township hall Contracting lawn services New phone system New printer for AS /400 There was discussion on Ballard Drain. Richard White, Director of the Department of Public Works, suggested the Board establish a Special Assessment District or a millage to pay for building and maintaining storm drains. He felt the cost of storm drains should not fall on water and sewer customers. Trustee Cueny said this is a County responsibility and the people benefitting from the drain should be assessed. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINt?'1'ES 5 SPECIAL MEETING WEDNESDAY OCTOBER 13 1993 Other items. cont... Mr. White also said he would like reduce the sewer usage charge to $0 for one quarter's billing (approxi- mately $350,000) based on funds on hand. Trustee Barnes suggested reducing the overall charge by some percentag ADJOURNMENT Moved by Cueny, supported by Hall to adjourn the ' meeting. AYES: Kemp, Brown, Hall, Barnes, Cueny. NAYS: None. ABSENT: English, Skylis. MOTION CARRIED 5 -0. The meeting was adjourn at 10:00 p.m. Marie E. En ish, Clerk Charter Tow ship of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. ---------------------------------- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* SPECIAL MEETING, MONDAY, OCTOBER 18, 1993 The Charter Township of Orion Board of Trustees held a Special Meeting, Monday, October 18, 1993 at 6:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: ' Supervisor Doug Brown Trustee Allen Barnes Clerk Marie English Trustee Burke Cueny Treasurer Suzanne Hall Trustee Peter Kemp Trustee James Skylis OTHERS: Susan Galeczka Jill Bastian Eric Wilson Robert Schweikhart Richard Tomczak Jim Milford Gary Halverson Ron Papin Wally Chaney Kathy Frantz Supervisor Brown called the meeting to order at 6:04 p.m. The Secretary called the roll. All members were present except Clerk English who arrived at 6:09 p.m. and Trustee Cueny arrived at 6:11 P.M. The Special Meeting was held to conduct interviews with applicants for the Orion Township Planning Commission and Zoning Board of Appeals. The applicants were interviewed in the following order: Wally Chaney, 2292 Geyer Ct. Jesse Garcia, 4780 Huston Gary Halverson, 1115 Arbroak Way Kathy Frantz, 3414 Bald Mtn. Rd. Eric S. Wilson, 240 Menasha Tr. Robert Schweikhart, 120 Jackson Oaks Moved by Kemp, supported by Barnes to adjourn the Special Meeting. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. The meeting adjourned at 6:56 p.m. Marie E. English, Clerk Charter Township of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. 18 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* REGULAR MEETING, MONDAY, OCTOBER 18, 1993 The Charter Township of Orion Board of Trustees held a Regular Meeting, Monday, October 18, 1993 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall OTHERS: Susan Galeczka Ron Papin Bud Mueller J. Clarke William Bowman Vince Vicari Mark Gaworecki Rick Rattner Bryan Patton Richard Halsted Richard Easton Fern Fosgate Thomas Berger George Nicholson Ray LeBlang Ronald Sogge Matt Sadowski Ralph Sochocki Robert Zegar Greg Smith Marian Szymborski Ann Christ Jim Milford Eric Wilson Jim Jehle Max Maxim M.A. Goddard Sharon Smith Ed Clark Wm. Hamilton Lisa Carnegie Evelyn Hernandez Cindy Sharp Sandy Dyl Nancy Kleist John Fenn Judy Dorsett John Klebba Beth Cagle- Webster Wm. Hostetter Harold Reuter Gerrie Harding Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis Jill Bastian Gary Halverson R. Schweikhart Kurt Townsend Don Maxim Matt Pilarz David Koski Paul DeMeritt Leon Harrison Therese Easton Sgt. Mike Elliott Richard White Mary Bowman Wendy DiMartino Richard Webster Mark Dorsett Dee Klebba Pat Fitchena Douglas Thompson Kathy Brown The meeting was called to order at 7:00 p.m. by Supervisor Brown. 2. PLEDGE AND INVOCATION The Pledge of Allegiance was led by Trustee Barnes and the Invocation was given by Pastor David Koski, Howarth Methodist Church. 3. ROLL CALL Clerk English called the roll. All Board members were present. 4. APPROVAL OF MINUTES A. REGULAR MEETING, SEPTEMBER 20, 1993. Moved by Cueny, supported by Skylis to approve the minutes of the September 20, 1993 Regular Meeting as submitted. AYES: Barnes, Hall, Brown, English, Kemp, Skylis, Cueny. NAYS: None. MOTION CARRIED 7 -0. B. SPECIAL MEETING, SEPTEMBER 30, 1993. Moved by Barnes, supported by Cueny to approve the minutes of the September 30, 1993 Special Meeting as submitted. AYES: Kemp, Skylis, English, Brown, Hall, Cueny, Barnes. NAYS: None. MOTION CARRIED 7 -0. C. SPECIAL MEETING, OCTOBER 4, 1993. Moved by Cueny, supported by Barnes to approve the minutes of the October 4, 1993 Special Meeting as submitted. AYES: English, Brown, Hall, Skylis, Kemp, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. D. REGULAR MEETING, OCTOBER 4, 1993. Moved by Barnes, supported by Skylis to approve the minutes of the October 4, 1993 Regular Meeting as submitted. AYES: Kemp, Cueny, Hall, Brown, Barnes, Skylis, English. NAYS: None. MOTION CARRIED 7 -0. 187 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, OCTOBER 18, 1993 5. APPROVAL OF BILLS Moved by Skylis, supported by Barnes to approve the bills for payment as submitted in the amount of $34,945.61. AYES: Kemp, English, Brown, Hall, Cueny, Barnes, Skylis. NAYS: None. MOTION CARRIED 7 -0. 6. BRIEF PUBLIC COMMENT No public comment was received. 7. APPROVAL OF AGENDA Moved by Hall, supported by Kemp to approve the agenda as presented. AYES: Cueny, Hall, Brown, English, Skylis, Kemp, Barnes. NAYS: None. MOTION CARRIED 7 -0. A. PREVIOUS AGENDA ITEMS - APPEAL OF LOT SPLIT DENIAL - GALAXY WAY, D. MAXIM, PETITIONER. Moved by Kemp, supported by Cueny that the case of the Galaxy Way lot split be removed from the table for further discussion. AYES: Skylis, English, Brown, Hall, Barnes, Cueny, Kemp. NAYS: None. MOTION CARRIED 7 -0. Supervisor Brown referred to an opinion* dated October "According to Michigan law a replat is required when changing the boundaries of a recorded subdivision or a part thereof. See PA 288 of 1967 560.102(n), 560.103(3)." Section 560.104 provides "an exception to this requirement is available where all lot owners within the platted subdivision agree in writing to the replat." Mrs. Easton's letter also stated, "without simultaneous annexation to Lot #11, the proposed split would result in a non - accessible lot in violation of Orion Township Ordinance 60." Keatington Knolls Association asked the Board to deny the lot split appeal based on "their lack of authority to replat the Keatington Knolls Subdivi- sion boundaries and to deny the parcel split petition as it would result in a non - road - access parcel." Moved by Cueny, supported by Barnes to table this matter to allow the Board and the attorney more time to study information received at this meeting. 13, 1993 from the Township Attorney stating "the proposed lot split would not violate the Subdivision Control Act (PA 288 of 1967). Moreover, the proposed split does not violate Ordinance No. 60, Section II, Division and Partitioning of Land ". Regarding subdivision deed restrictions, the opinion referred to paragraph 3 of Section II and said "this provision does not prohibit lot splits. Moreover, the agreement and ' declaration of restrictions of a subdivision are not binding on the Township Board because the Township was not a party to the restrictions ". The attorney also found "there is nothing in Ordinance No. 55 which would prevent the split of a wetland ". Theresa Shea Easton, President of Keatington Knolls Association, read her letter* dated October 18, 1993. In summary, the letter said the attorney's opinion did not "address the central issue in the case which is the proposed annexation of the split wetland to lot #11 of Keatington Knolls Subdivision. This Board does not have the authority to approve the annexation of the land, and consequent changing of the platted boundaries of Keatington Knolls Subdivision. This must be approved, if at all, by the Michigan Circuit Court according to Public Act 288, The Subdivision Control Act of 1967 as amended. "According to Michigan law a replat is required when changing the boundaries of a recorded subdivision or a part thereof. See PA 288 of 1967 560.102(n), 560.103(3)." Section 560.104 provides "an exception to this requirement is available where all lot owners within the platted subdivision agree in writing to the replat." Mrs. Easton's letter also stated, "without simultaneous annexation to Lot #11, the proposed split would result in a non - accessible lot in violation of Orion Township Ordinance 60." Keatington Knolls Association asked the Board to deny the lot split appeal based on "their lack of authority to replat the Keatington Knolls Subdivi- sion boundaries and to deny the parcel split petition as it would result in a non - road - access parcel." Moved by Cueny, supported by Barnes to table this matter to allow the Board and the attorney more time to study information received at this meeting. • CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, OCTOBER 18 1993 Don Maxim, petitioner, asked the Board to take action at this meeting. Discussion followed on taking action so Mr. Maxim could proceed with whatever action he feels necessary. Trustee Cueny withdrew his motion, Trustee Barnes withdrew his support. Moved by Cueny to grant the lot split as submitted. ' Clerk English referred to the Planner's Comment 93 which stated "it is essential that these two actions, the division and the joining, occur simultaneously ". MOTION DIES FOR LACK of SUPPORT. Moved by Barnes, Skylis to table this matter until an opinion is received from the attorney based on the additional information received at this meeting. AYES: Hall, Barnes, Skylis, Brown. NAYS: Kemp, English, Cueny. MOTION CARRIED 4 -3. 2. TOWNSHIP INVESTMENT POLICY. Treasurer Hall made revisions to the Township Investment Policy as suggested by Board members at the last meeting. Moved by Hall, supported by Cueny to adopt the Township Investment Policy Resolution* as submitted. Clerk English was concerned about language stating "Be It Further Resolved that all such investments heretofore made are hereby ratified and validated." She had questions on investments which have been made by the Treasurer. She said the Board is responsible for Township funds and should have input into where the ' investments are made. Trustee Skylis also felt the Board should be able to recommend or approve where funds are invested. Discussion followed. Information from the attorney and the MTA indicate the Treasurer has final responsibility for investments for the Township. The Township Attorney said she could research the question. There was also discussion on language in the section "Ethics and Conflict of Interest ". Treasurer Hall said this language would not conflict with any Township ethics policy adopted by the Board. VOTE: AYES: Kemp, Hall, Barnes, Cueny. NAYS: Skylis, English, Brown. MOTION CARRIED 4 -3. 3. BALLARD DRAIN BUDGET ADJUSTMENT. Moved by Barnes, supported by Cueny to remove this item from the table. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. Moved by Barnes, supported by Cueny to take $10,500 from the General Fund to cover the Ballard Drain budget adjustment. AYES: Cueny, Barnes, Hall, Brown, English, ' Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. Discussion followed on setting up special assessment districts or levying a millage for drain maintenance in the Township. 4. BUILDING COMMITTEE. Trustee Cueny summarized his final report* on the Township Hall expansion including financing options. He also resigned from the Building Committee. Moved by English to receive and file Trustee Cueny's final Building Committee report. No further action was taken on the motion. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, OCTOBER 18, 1993 a. REPORT ON COST OF SOIL BORINGS FOR OLD TOWNSHIP HALL. Trustee Cueny will request quotes in writing from the companies he contacted about taking soil borings at the old Township Hall. He will have the quotes addressed to the attention of the Supervisor. b. ARCHITECT PROPOSALS. Architectural proposals for expansion of the Township Hall were received from 15 firms. Treasurer Hall suggested forming a committee to narrow down the list to 4 -5 firms to be interviewed. Discussion followed on the need to develop more specific plans for the building. Moved by Kemp, supported by Skylis, with reference to the architectural proposals for the Township Hall expansion, that an architect services committee be formed to narrow the list of 15 applicants to a short list of 3 -4. AYES: Barnes, Hall, Brown, Skylis, Kemp. NAYS: Cueny, English. MOTION CARRIED 5 -2. Committee members will be selected at the next meeting and the Board will discuss the criteria the committee will use to select the firms to be interviewed. B. ATTORNEY MATTERS - LONG LAKE BOAT REGULATION ORDINANCE. Ann Christ, Township Attorney, referred to an opinion* dated October 12, 1993 from Greg Need regarding the Bud Mueller, representing Long Lake Homeowners Association, said they have proposed an ordinance similar to the Bloomfield Township ordinance because the situations are very similar. They have been in contact the author of the Bloomfield ordinance and he is willing to work with them to develop a correct ordinance. Mr. Mueller asked the Board to grant the Homeowners Association authority to work directly with the Orion Township attorneys to gather the necessary data and develop standards and criteria. Lengthy discussion followed on whether the homeowners should have direct access to the attorneys. Clerk English said it is not good policy to authorize the attorney to work with individual groups. She said the homeowners should furnish the information to the Board to be directed to the attorney. She also said the attorneys have not answered her questions regarding grandfather clauses or noticing requirements. Rick Rattner, representing the owners of the Franklin Wright property, said they are willing to work with the homeowners to develop an ordinance that is fair and would benefit everyone. Mr. Rattner said they have not been notified of past Board discussions on this matter and asked to be noticed of any future action before any Township Board or Commission. Jim Jehle, Robertson Brother-, concurred with Mr. Rattner, The Homeowners Association will gather the necessary information regarding the ordinance criteria and bring that information to the Board. proposed Boat Regulation Ordinance for Long Lake. In summary he said "Because this area of the law involves property rights of significant value and because any ordinance adopted is likely to be challenged in the courts, it is critical that the Board proceed with caution in adopting any kind of regulation. No ordinance should be adopted unless and until planning and study has taken place and proper documentation made to insure that appropriate regulations are developed." He outlined recent court decisions dealing with general township ordinances or amendments to a zoning ordinance. Ms. Christ summarized a list of six criteria the Township should consider before adopting any ordinance. Bud Mueller, representing Long Lake Homeowners Association, said they have proposed an ordinance similar to the Bloomfield Township ordinance because the situations are very similar. They have been in contact the author of the Bloomfield ordinance and he is willing to work with them to develop a correct ordinance. Mr. Mueller asked the Board to grant the Homeowners Association authority to work directly with the Orion Township attorneys to gather the necessary data and develop standards and criteria. Lengthy discussion followed on whether the homeowners should have direct access to the attorneys. Clerk English said it is not good policy to authorize the attorney to work with individual groups. She said the homeowners should furnish the information to the Board to be directed to the attorney. She also said the attorneys have not answered her questions regarding grandfather clauses or noticing requirements. Rick Rattner, representing the owners of the Franklin Wright property, said they are willing to work with the homeowners to develop an ordinance that is fair and would benefit everyone. Mr. Rattner said they have not been notified of past Board discussions on this matter and asked to be noticed of any future action before any Township Board or Commission. Jim Jehle, Robertson Brother-, concurred with Mr. Rattner, The Homeowners Association will gather the necessary information regarding the ordinance criteria and bring that information to the Board. 190 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, OCTOBER 18, 1993 C. SUPERVISOR'S OFFICE. 1. AMEND ELECTED OFFICIALS POLICY RE: TRUSTEE HEALTH CARE BENEFITS. The Elected Officials Policy, Section 2, Township Trustees, needs to be amended to correspond to amended Ordinance No. 100, Officer and Employee Benefits Ordinance and should state "Township Trustees are to be considered part -time employees of the Township and are not entitled to benefits." Discussion followed on the Blue Cross Group Operating , Agreement which currently states that part -time employees are not eligible for enrollment unless a special provision has been made in the agreement. Trustee Kemp commented that all part -time employees should be treated equally and he did not feel that contract employees should be eligible for Blue Cross. Clerk English will check with Blue Cross to find out if special provisions can be made under the Group Operating Agreement to include part -time employees. The Township Board took a five minute recess. 2. SET 1994 BUDGET PUBLIC HEARING AND PUBLIC HEARING. Clerk English reminded the Board that the law states the 1994 Budget must be adopted by November 1. She also questioned the need for another work session. Moved by Kemp, supported by Barnes to set a work session on the 1994 Budget for Wednesday, October 27, 1993 at 7:00 p.m. and a Public Hearing on the 1994 Budget for 7:00 p.m. Wednesday, November 10, 1993 at 7:00 p.m. AYES: Cueny, Hall, Brown, Skylis, Barnes, Kemp. NAYS: ' English. MOTION CARRIED 6 -1. D. TREASURER'S REPORT PRESENTATION. Treasurer Hall referred to the September Treasurer's Reports* for the General, Water /Sewer, and Tax Funds and the attached listing of investments for 1992 and 1993 with the average rate of return noted. She summarized the current cash management practices which she uses and answered questions from the other Board members. She said she would continue to provide the Board with updates on investments. She will also work with the bookkeeper on reconciliation. Moved by Kemp, supported by Barnes to receive and file the Treasurer's quarterly report dated September 1993. AYES: Cueny, Hall, Brown, English, Skylis, Barnes, Kemp. NAYS: None. MOTION CARRIED 7 -0. E. CLERK'S OFFICE MATTERS - ADJUSTMENTS TO 1993 BUDGET. Bookkeeper Sharon Smith presented the Board with budget adjustments which need to be made for 1993. The adjustments are based on projected figures in each account through the end of 1993. Moved by Kemp, supported by Skylis to approve the adjustments to the 1993 Budget as presented in the memo* dated October 13, ' 1993. AYES: Cueny, Barnes, Skylis, English, Brown, Hall, Kemp. NAYS: None. MOTION CARRIED 7 -0. F. ORDINANCE ADOPTION DANGEROUS BUILDING ORDINANCE. The First Reading of the proposed Dangerous Building Ordinance was held Tuesday, September 4, 1993. It was reviewed by the Building Department and the Attorney and the appropriate changes have been made. The proposed ordinance was advertised for adoption at this meeting. Moved by Hall, supported by Kemp to adopt the Dangerous Building Ordinance as published. 191 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, OCTOBER 18, 1993 Dangerous Building Ordinance, cont... Trustee Barnes pointed out that references in Section 6.D to "Section 6.3" should be changed to read "Section 6.C11. Ann Christ, Township Attorney said the current Township ordinance on unsafe structures no longer complies with State law. She said the proposed ordinance was taken verbatim from Public Acts 144, 109, and 113 as adopted by the state legislature. Richard Webster, 1132 S. Long Lake, was opposed to the ordinance as currently drafted. He questioned Section 9A -1 and 2A -8, Section 5.1), Section 6.D, Section 7 and Section 11. He felt the ordinance as written would have a "class" impact on older and low income homes and did not allow due process to homeowners. He was concerned that Township officers would be allowed to enter people's homes without permission. The following residents also addressed the Board regarding the ordinance: Fern Fosgate, 990 Golfview, opposed Mary Webster, 1132 S. Long Lake Blvd., opposed Jill Bastian, 913 Heights Rd. Mary Bowman, 124 Detroit Blvd., opposed William Bowman, 124 Detroit Blvd., opposed Tom Berger, Building Official, answered questions from the Board regarding the ordinance. The Board discussed researching this matter further and clarifying definitions and questions pointed out by Mr. Webster and other residents. The Motion before the Board was reread. VOTE: AYES: None. NAYS: English, Skylis, Brown, Hall, Barnes, Cueny, Kemp. MOTION FAILED 0 -7. b. FAITH EVANGELICAL PRESBYTERIAN CHURCH REZONING REQUEST. Clerk English read the memo* dated September 28, 1993 from the Orion Township Planning Commission regarding the Faith Evangelical rezoning request (PC- 93-23). Supervisor Brown referred to a letter* dated June 21, 1993 from Kay Industries stating their objections to the rezoning. Sandra Dyl, Planning Commission member, said the Planning Commission was aware of Kay Industries objections to the rezoning when this matter was considered. A resident asked why there has been activity in the wetlands before the property was rezoned. Ron Sogge, representing Faith Evangelical, said no one from Faith Evangelical is doing anything on the property. Moved by Hall, supported by Kemp to concur with the Planning Commission and to approve the Faith Evangelical rezoning request (PC- 93 -23) from IP to OP -2 for thirty acres of Industrial Park not including the LI -2 portion known as Sidwell# 09 -35- 200 -012, for the following reasons: 1. It is in conformance with the current Master Plan. 2. It follows the recommendation of the Planner. 3. The OP -2 is a reasonable use of the property and a good buffer to the residential property across Bald Mtn. Rd. AYES: Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: Cueny. MOTION CARRIED 6 -1. 192 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, OCTOBER 18, 1993 Moved by Kemp, supported by Skylis to concur with the Planning Commission and to approve the Faith Evangelical rezoning request (PC- 93 -23) from LI -2 to OP -2 for the easterly 3.8 acres, as submitted on September 7, 1993 for the following reasons: 1. It is in conformance with the current Master , Plan. 2. It follows the recommendation of the Planner. 3. The OP -2 is a reasonable use of the property and a good buffer to the residential property across Bald Mtn. Rd. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. Moved by English, supported by Skylis to extend the meeting to 11:00 P.M. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 - -0. 2. FIRST READING - CABLE RATE REGULATION ORDINANCE. Supervisor Brown announced a First Reading of the proposed Cable Rate Regulation Ordinance, No. 109, an addendum to the existing Cable Ordinance. The Clerk will advertise the proposed ordinance for adoption at the November 1, 1993 meeting. G. CONSENT AGENDA. Moved by Hall, supported by Cueny to approve the ' Consent Agenda as follows: 1. Approved request for several Township employees to attend a one day seminar at the Township Library and to pay the registration fee of $37 per employee. 2. Received and filed September Financial Statement. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. 9. BOARD MEMBER COMMENTS Supervisor Brown read a letter dated October 12, 1993 from Penny Crissman regarding PA 150 (Michigan Natural Beauty Roads). Her staff has requested that a bill be drafted dealing with this problem. Supervisor Brown also announced the DNR will hold a Public Hearing regarding the Walker property on November 18, 1993 at 2:00 p.m. Trustee Cueny said 6:00 p.m. meetings are not beneficial and should be eliminated. Trustee Kemp discussed a scheduling conflict with the ' Safety Path Committee at the Township Hall last Wednesday evening. The Cable Commission would prefer not to have two meetings held at the same time in the lower level. 10. NEW BUSINESS A. RESIDENT REQUEST TO ADDRESS BOARD RE: SKY MASTERS. Bob Zegar, 705 Greenshield, said the DNR has given the Sky Masters Club a 3 year lease (until December 31, 1999) on a flying field located on Greenshield Rd. in Bald Mountain Recreation Area. The current field is located just west of the location the club was using in 1990 and is closer than the 1 1/2 to 2 mile limit from /ADDENDUM T�) 3EcT,e -) uv "Gu lti fE ,AA� Sugor✓isla,)" M 1 Ke Fo Ley % � � t.'.n 1 v�4-Z- -Prc- -Yw' �'ri.o-t-�. - t t �.' 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Ec..� /�+/k� A•cc , �%fi,r+.cA (may ,yryL /u p „� ryv Lvi'</ 44, to 0 />ru ✓� i�4 tia WLA Q/y, (� °0 0�, n�i o lti,Jay fl 141� to lAN 3-0@ nriI (-' I AFC): St i.rm� -.l /.�ao,�.,C +w 1' ,0,3� -�-� • `� B ARf/6.3� it ( u ec 0x4 -�" Gu Ely Tip, z c1�„.✓ .e c�rrL� ti Gaw f• " r—v , `` 7� a t o .x �/ si L� a,u.� ✓ wc�c c we -z e u�, C.0 �, rY�c ,Lu.� L k £N'�' �� c.Q U/YN -iii xw-.f 0 -�n.e, i�/,y. I�u. �lt.�i Gt7 F't!i- R•t�r. vh�t.�i..� vnl C' ,(,- Lt.q.w�_ � AyG�^' p,r ai �7+ti- �- .�.l.G.7c,a.i% yt'^4.G .rr✓.... L2`2c. ylCC h/xs -, /ZtUT1u,, dAP-Z, D -7-0 . O 1�3 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES RECULAR MEETING, MONDAY, CH TN�k!R 18, 1993 »ttl residential property. At that time, the Orion Township Board passed a resolution stating they objected to the continuing operation of the Sky Masters flying field because it violated Ordinance No. 58, Section III, based on the noise and fumes from the model airplanes. ' Clerk Enqlish will forward the Resolution and another letter to the head of the DNR in Lansing. B. WHITE OAKS SUBDIVISION FINAL PLAT APPROVAL. Matt Pilar.z, Orchard Hiltz and McCliment, said the plat has been reviewed and is recommended for approval subject to a letter of credit or cash bond in the amount of $2500 for the installation of survey monuments and lot irons. Treasurer Hall said that check was processed in her office. Trustee Kemp said the standard note regarding the safety path is not on the drawing. That note usually states the safety path shall be installed within a one year period of being asked to do so by the Township. Trustee Barnes questioned why the trees were cut along Clarkston Rd. and why water and sewer easements are not shown on the plat. Mike Foley, the developer, explained the clearing of trees for the roads involves a 60 foot Road Commission right -of -way, 27 feet of which is paved, and a 10 foot public utility easement outside of the right -of -way. Within the road right -of- way, 16 feet on the other side of the curb will be for sanitary sewer, storm sewer, and water main construction. The plat would not indicate a separate easement for the sewers and water main where they are constructed in the public right -of -way. Mr. Foley said trees would be replaced when the entrance paving is complete and each lot owner would be required to plant three trees within one year. Sandra Dyl, Planning Commission member, was concerned that more trees were removed than the Planning Commission intended when it waived the requirement to identify trees on the plans. Mr. Foley also said calling for a note on the final plat regarding safety paths is not appropriate for this plat. The ordinance relative to safety paths was passed after the preliminary plat was approved. After discussion with the Planning Commission, it was decided that the safety path through the wooded wetland was riot needed and riot appropriate. It was agreed in the building and use restrictions that, upon direction from the Township, the subdivision association would immediately construct a path through the wooded wetland. Mr. Foley referred to material supplied with packets. He said a right -of -way permit from Road Commission, a DNR permit, and a Township wetland permit would be required to put the path in the area which has been cleared. ' Trustee Kemp reiterated that the note about the safety path should be on the myl.ar before it is signed. Moved by Kemp, supported by Cueny, in the matter of White Oak Subdivision Final Plat, to authorize the supervisor and Clerk to sign the mylar for White Oak Subdivision after the standard Township note regarding Safety Paths has been added to the drawing and /or mylars. Clerk English objected to the motion because the Clerk should sign the mylar. AYES: Cueny, Hall, Brown, Skylis, Kemp. NAYS: Barnes, Enqlish, MOTION CARRIED 5 -2. 19�f CHARTER TOWNSHIP OF ORION HOARD Ob' MINUTES REGULAR MEETING MONDAY OCTOBER 18 1993 ADJOURNMENT Moved by Hall, supported by Skylis to adjourn the meeting. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. The meeting adjourned at 11:05 p.m. Marie E. Englis , Clerk Charter Township of Orion Transcription: M.J. Shields This meeting is on tape / *On file in the Clerk's office. ----------------------------------------------------------- - - - - -- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* SPECIAL MEETING, WEDNESDAY, OCTOBER 27, 1993 WORK SESSION ON 1994 BUDGET The Charter Township of Orion Board of Trustees held a Special Meeting, Wednesday, October 27, 1993 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Treasurer Suzanne Hall Trustee Allen Barnes ABSENT: Clerk Marie English Trustee Burke Cueny OTHERS: John Attwell Sharon Smith Jill Bastian Mark Vagi Trustee Peter Kemp Trustee James Skylis Richard White Richard Scribner The meeting was called to order at 7:08 p.m. by Supervisor Brown. The secretary called the roll. All members were present except Clerk English and Trustee Cueny. Trustee Skylis arrived at 7:15 p.m. A work session was conducted on the 1994 Budget. Main discussion items included: Building Department - Non - Supervisory Salaries. Tom Berger, Building Official, asked for an increase for Charlotte Beiser, Secretary to the Planning Commission and Zoning Board of Appeals. He asked that she be placed in the middle of Level Two at $9.95 per hour. He said she has done an excellent job during her three years of employment and has not received a merit increase. Mr. Berger said the increase is within his department's budget and he asked that the merit increase not be given at the expense of other employees in his department. Trustee Barnes suggested starting the increase in 1993. Mr. Berger said he would have to look at his 1993 budget to see if he could pay the increase. Trustee Kemp also complimented Mrs. Heiser on the job she has done. Non - Supervisory Salaries. Trustee Barnes said salary issues should be decided first at this meeting because the level of compensation would affect many other budget figures. Discussion followed on establishing a merit increase system. Moved by Barnes, supported by Skylis to add 3% to 1994 salary ranges, to increase salaries for each position by 3% and to add a new line item to be called "Merit Pool" in the General Fund which would contain an amount equal to 1% of non- supervisory base wages (with the 1% to include the increased cost of fringes based on merit increases). This pool could be drawn on by any department to compensate for outstanding performance. Requests for merit compensation would be acted an by the Board. AYES: Hall, Brown, Barnes, Skylis. NAYS: Kemp. ABSENT: English, Cueny. MOTION CARRIED 4 -1. / G'5� CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES SPECIAL MEETING, WEDNESDAY, OCTOBER 27, 1993 Trustee Kemp said the Board had already acted on an increase of 3% for non - supervisory salaries and each Department Head should divide the increase as he sees fit. He questioned if the Township would have enough money for a merit pool if we must pay back $1.5 million to Oakland County. Longevity for Employees. There was also discussion on eliminating longevity for employees by adding it to base salaries (as ' proposed by Treasurer Hall). Sharon Smith, Bookkeeper, explained that increasing the salary base would increase all salary costs including pension. Trustee Barnes supported the proposal but he felt the details should be worked out by a committee. Trustee Skylis supported a 3% increase overall and the merit pool. He felt longevity should remain the same for current employees. Trustee Barnes asked the bookkeeper to correct figures in the 1994 budget so there is a consistent 3% increase for each 1, department. Mrs. Smith commented that 1% of non - supervisory' salaries would be approximately $5500. Treasurer Hall questioned how the merit pool would be administered. She suggested going back to the step increase system. Carry Forward Funds. Trustee Barnes referred to a spreadsheet which he prepared showing expenditures exceeding income by $235,000 (not including the 1% for the merit pool). He was concerned about using carry forward funds unless absolutely necessary. Trustee Skylis said the carry forward amount in the current year is higher than in past years. He said the budget is close to previous years and he is comfortable with a 1/2 million dollar fund balance. Mrs. Smith said she could give the Board a monthly report on the fund balance along with financial statements to help with planning. Discussion followed on areas where cuts could be made. Treasurer ' Hall said items such as a leaking roof and outdated printer and phone system must be addressed. Supervisor Brown said the Township Hall expansion should be put on hold until the $1.5 million is repaid to Oakland County. Trustee Kemp suggested looking at possible increases in revenue. A suggestion was made by a resident to eliminate or reduce the contribution from the General Fund to the Police Fund and let the people decide on the level of service. There was discussion on setting a millage election for police service and expansion of the Township Hall. There was also concern about the level of State Revenue Sharing depending on the outcome of the February election. Trustee Barnes suggested postponing the November 10, 1993 Public Hearing because there is more work to be done on the budget. Trustee Kemp pointed out, by law, the budgets must be adopted by November 1, 1993. Contribution to Police. $320,000 was budgeted in 1993, however, the Township is spending $389,000 in 1993. Also, County contract costs may increase 5% in 1994. Trustee Kemp suggested putting out bids for police service to decrease costs without decreasing manpower. There was discussion on trying for a 6 month contract ' with Oakland County and putting a millage question on the ballot in February or August. Increasing revenue. Trustee Barnes questioned if it was possible to raise building fees to increase revenue. Tom Berger, Building Official, said the Township fee schedule is close to neighboring communities and should not be raised arbitrarily to increase revenue. He said he would review fees in the summer of 1994. There was brief discussion on adding an administrative fee to the tax bill. Board members felt this is a hidden tax. Supervisor Brown pointed out that 101- 000 -424 - Excess of Role is down 1/2 in 1994. John Attwell, Assessor, said the Board should look at an increase in the General Fund millage to help provide the services that people will expect in a community this size. He said Orion Township is levying less as a charter township than a home rule township would levy. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES SPECIAL MEETING. WEDNESDAY, OCTOBER 27, 1993 The Board considered a list* of outstanding budget item presented by Treasurer Hall dated Or tober 26, 1993, Longevity. Treasurer Hall explained Hiic worksheet which showed that phasing out longevity could save $258,000 over a period of years. Longevity would be built into base wages for current employees. New hires would not receive longevity. Trustee Kemp did not feel adding longevity to base pay would save money. Board members also expressed concerns about moving people out of salary levels or creating inequitable pay situations for the same position. No further action was taken on phasing out longevity. Return to 35 hour work week. There was brief discussion on the number of people who currently work 40 hours. No action was taken on this item. Parks and Recreation Director Salary. Leave as budgeted at $35,500. Other Supervisory Salaries will be budgeted with a 3`k increase. Elected Officials Salaries. There was discussion on freezing Elected Officials salaries. Treasurer Hall commented she has only received one increase since she started in 1987 and her salary is lower than Treasurers in other local communities. She felt a 3% increase for Elected Officials in 1994 was reasonable. It was decided to budget a 3% increase for 1994 but that action to increase Elected Officials salaries should be taken at a Regular Board Meeting. Discussion followed on whether salaries could be changed during an official's term of office. Replacement of AS /400 Printer. $10,000 was budgeted for a new printer. Trustee Kemp questioned if this item could go out for bids. Conversion to AS /400 Language. Advantage Systems has proposed converting the current system language to native AS /400 lanquijye to increase processing speed and program options. Trustee Kemp questioned if other systems might be available at a lower cost. Board members agreed to budget. $58,000 for the conversion with $48,500 to be budgeted under Capital Outlay Equipment in the General Fund. Richard White, Director of Water and Sewer, agreed to budget the remaining $9250 in the Water and Sewer Fund ($8000 for the Utility billing program and $1250 for 112 the cost of the Point of Sale Cash Receipts program). Telephone System. Budgeted $12,000 under Capi General Fund to replace the phone system in phone system will be discussed during the bid also brief discussion on replacing the Public Cable Commission may address this matter installed for live broadcasts. tal Outlay Expense - 1994. The type of process. There was Address system. The when equipment is Community Services. Supervisor Brown suggested reducing 1993 figures by 10% for all items. Trustee Kemp questioned if any of these contributions should be made because it is illegal for the Township to donate to charitable organizations. fie asked to see the contracts for the various organizations. Treasurer Hall felt funding should continue for the Senior Center Manager, Boys and Girls Club, and Youth Assistance. There was discussion about funding some organizations with CDA money. Planning Consultant - General Activities - 804. Increase to $25,000 to allow use of the planner on ordinance matters. Trustee Barnes said this item should include funds for someone qualified in forestry for work on a woodlands ordinance. There was discussion on using the planner or the Chamber of Commerce to produce a marketing brochure for industrial properties. Contribution - Capital Improvement - 965.1. $50,000 was budgeted for expansion of the Township Hall. Mrs. Smith said the final figure to be transferred at the end of the year would come from the Supervisor in writing. /97 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES SPECIAL MEETING,_ WEDNESDAY OCTOBER 27, 1993 Building Expansion. Board members discussed holding this matter until after State Revenue Sharing has been determined. Trustee Barnes also suggested including someone such as Don Bartus on the Building Committee. Potential Millage Election. Treasurer Hall said it might be necessary to place millage questions on the ballot for operating funds, additional police, drain maintenance, and building repairs and expense. She recommended scheduling discussions in March of 1999 so that steps can be taken to place these items on the August Primary ballot. Road Construction - Waldon /Silverbell /Giddings. Improvements were promised to residents under the agreement for expansion of Eagle Valley. Money for construction would be borrowed from Water and Sewer funds to be repaid from tipping free. Art lkrnnllirrtt for repayment will be prepared when bids are received. Supervisor Brown was concerned that funds to repay the loan would not be available if the Township must repay $1.5 million to the County. Mrs. Smith commented that figures on Page "0" of the proposed budget are incorrect and still need work. ADJOURNMENT Moved by Kemp, supported by Skylis to adjourn the meeting. AYES: Barnes, Hall, Brown, Skylis, Kemp. NAYS: None. ABSENT: English, Cueny. MOTION CARRIED 5 -0. The meeting was adjourned at 10:30 p.m. Marie E. Eng sh, Clerk Charter Tow hip of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. ----------------------------- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* REGULAR MEETING, MONDAY, NOVEMBER 1, 1993 The Charter Township of Orion Board of Trustees held a Regular Meeting, Monday, November 1, 1993 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Trustee Allen Barnes Clerk Marie English Trustee Burke Cueny Treasurer Suzanne Hall Trustee Peter Kemp Trustee James Skylis OTHERS: Pat Thomas Mark Gaworecki Harry Halboth Leon Harrison Cynthia Simpson Jack Ward R. Aaron Heilig Beth Webster Richard M. White Jim Milford 1 CALL TO ORDER Max Maxim Margaret Williams Rosalie Ward Ray LeBlang Lisa Carnegie Dick Scribner Thomas Blazak Richard Webster Sharon Bell Susan Galeczka Don Maxim Gert Halboth Darrel Cole Mary MacMaster Terese Easton Tom Berger Bonnie Stickney Don Bartus Loren Yaros Tim Patterson The meeting was called to order at 7:00 p.m. by Supervisor Brown. 2 PLEDGE AND INVOCATION The Pledge of Allegiance was led by Trustee Cueny and the invocation was given by Rev. Carol Vaccariello of North Oakland Christian Church. Mf CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETINGS MONDAY, NOVEMBER 1, 1993 Clerk English called the roll. All members were present. 4. APPROVAL OF MINUTES A. SPECIAL MEETING, OCTOBER 13, 1993. Moved by Kemp, supported by Skylis to approve the minutes of the Special Meeting of October 13, 1993 as corrected (Page 2, last paragraph, change to read "there was discussion on giviny merit increases "; delete "for everyone except Building and Assessing "; add the following sentence at the end of paragraph, "She felt a 35 hour work, week could be in place for all departments except Building and Assessing." On Page 5, under Township Treasurer, change to read "Treasurer Hall preferred to have the mail picked up from the Post Office box." AYES: Cueny, Brown, English, Hall, Kemp, Barnes, Skylis. NAYS: None. MOTION CARRIED 7 -0. B. SPECIAL MEETING, OCTOBER 18, 1993. Moved by Barnes, supported by Kemp to approve the minutes of the Special Meeting held October 18, 1993 as submitted. AYES: Hall, English, Brown, Cueny, Skylis, Barnes, Kemp. NAYS: None. MOTION CARRIED 7 -0. C. REGULAR MEETING, OCTOBER 18, 1993. Moved by Cueny, supported by Barnes to approve the minutes of the Regular Meeting of October 18, 1993 as presented with an addendum to the section on White Oak Subdivision based on a review of the meeting tape by the Clerk (add following verbatim quote from Mike Foley, the developer, regarding replacing trees in White oak Subdivision, located on E. Clarkston Rd.): Mike Foley: "There will be no more trees cut in the development of the site." Trustee Cueny: "Do you have any plans to replace any of the trees with 30 footers when you are finished around that area ?" Foley: "Yes, we intend to replace ... many of you were not on the Planning Commission or Board when this preliminary plat was processed and approved over a year ago. There were approximately 335 trees removed in that 80 foot swath that I've just described as a 60 foot right -of -way and 10 foot public utility easement each side. And we agreed upon a schedule of replacement that involves our replacing 135 trees which we will be doing when the pavement is complete and our landscaper comes in to landscape the boulevard entrance. Each builder is required by the restrictions to plant at least one tree per lot prior to a certificate of occupancy being issued and each lot buyer will be obligated to plant an additional three trees within one year of occupancy." Cueny: "Well that's pretty good news. So, the ones that were cut down in that area, those big ones, you're saying you will be replacing some of those with some good size 30 footers or better." Foley: "They will be replaced with 2 " -3" caliper trees." Cueny: "That's diameter, right? They're about what, al,out how tall are those ?" Foley: "I don't know." Unidentified: "It would depend on the species." r /q% CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, NOVEMBER 1.. 1993 Minutes cont... Barnes: "You're talking about trees out in the property, what about along the road where they were cut out ?" Cueny: "That's the area we're concerned about." Foley: "That "a one of ftip 4*r.gp whore we would replace ' the trees." Cueny: "I would sure hope they are better than 2 inches in diameter along the road where they were cut down because, as far as I'm concerned, that's an utter crime." AYES: English, Kemp, Skylis, Hall, Brown, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. 5 APPROVAL OF BILLS Trustee Cueny asked the Township attorney to comment on the Hodges tax tribunal case. Mr. Patterson said Greg Need of his office is handling this case and there has been no final disposition. The Township Board previously authorized legal representation and Mr. Need will continue to pursue the matter. Trustee Barnes questioned the attorney bill for a conference between Greg Need and Bud Mueller, Long Lake Homeowners. He said the homeowners were not granted access to the attorney. Trustee Cueny said he would not approve the bill for ' $84.84 to reimburse Bob Smith, Fire Inspector, for mileage. He said Mr. Smith should be driving the Township vehicle. Supervisor Brown said the vehicle may not be ready to be driven. The bill for $60 to reimburse Bev Shaver for a luncheon was held until it is determined how many people attended. Trustee Kemp pointed out the high cost of repairs and maintenance for the Fire Department base radio. Clerk English explained the base radio was struck by lightening and the repair was covered by insurance. Moved by Kemp, supported by Skylis to approve the amended bills in the amount of $49,686.87. AYES: Cueny, Kemp, Barnes, Skylis, Hall, English, Brown. NAYS: None. MOTION CARRIED 7 -0. 6 BRIEF PUBLIC COMMENT Jill Bastian, 913 Heights Rd., asked if there was a contingency plan for completing the Flintridge /Maybee Rd. safety path since it was started so late in the season. She also suggested the Board look into ' refinancing bonds to get lower interest rates. She also questioned if the Board would complete the agenda at this meeting. 7 APPROVAL OF AGENDA Trustee Kemp said the times listed in Items 11 & 12 should read "Public Comment - beginning no later than 10:20 p.m." and "Adjournment - no later than 10:30 p.m." Clerk English said the times have always appeared as shown on the agenda. Treasurer Hall asked why the Dangerous Buildings Ordi- nance did not appear on tonight's agenda. Clerk English said she would place the matter on the next agenda. ;boo CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, NOVEMBER 1, 1993 Approval of Agenda, cont._ Moved by Barnes, supported by Cueny to accept the agenda as amended: Add Item 8A -9, Building Committee Report on Soil Borings at the Old Township Hall. Add 10F, December Holiday Closings. AYES: Hall, Brown, English, Skylis, Kemp, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. 8. PENDING BUSINESS A. PREVIOUS AGENDA ITEMS. 1. APPEAL OF GALAXY WAY LOT SPLIT DENIAL, D. MAXIM, PETITIONER (Sidwell Nos. 09 -21 -301. -012 and 09- 21 -358- 033) Tim Patterson, summarized an opinion* dated October 29, 1993 from Ann Christ of his office. Ms. Christ found that the "proposed lot split conforms withall relevant Township Ordinances and does not constitute a replat pursuant to the Subdivision Control Act." The opinion concluded the Board has the right to grant the split and has the right to join Lot 11 and the metes and bounds parcel of 0.51 acre for tax purposes. Neither the sire or boundary of Lot 11 or Keatington Knolls Subdivision would change. Ms. Christ concurred with the Township Planner regarding road access if the split is approved and concluded "...if the two divisions are not. done simultaneously, it will result in a land- locked parcel ". Mr. Patterson said he thoroughly reviewed Ms. Christ's opinion and confirmed it with the Plat Division in Lansing and Oakland County Equalization Division. Terese Shea Easton, President of Keatington Knolls Association, read her letter* dated November 1, 1993. Iri summary, she objected to the Township Attorney taking an advocate position for Mr. Maxim. She also said the General Property Tax Act is not relevant in this case and the Board cannot use the General Property 'Pax Act to circumvent the Subdivision Control Act. She said, "by following Ms. Christ's recommendation we will be left with two legally separate pieces of land described together only for tax purposes. We are then left with a parcel split resulting in a parcel which does not abut a street, in violation of Ordinance 60 ". Ms. Faston also asked the Board to consider denying the appeal "as a misuse of wetlands ". She said "Mr. Maxim and his partners have a total disregard for the wetlands and intend to plow them under to create a yard for their proposed house on Lot 11. This would be devastating to the wetland eco- system ... " Don Maxim, responded to the claim by Ms. Easton that Lot 11 is being clear cut. He said the weeds on Lot 11 and the area by the water have been cut for a number of years and the area is not being cleared. He asked the Board to explain the difference between granting the split as proposed or granting an easement on the wetlands parcel, or giving the whole property to Lot 11. Each action would accomplish the same purpose. He agreed with the Planner that the division of the property and joining must occur simultaneously. Mr. Maxim again asked the Board to grant the appeal of the lot split denial. He said the petitioners have been trying to follow proper procedures and they are willing to consider alternatives for the wetlands parcel. '20/ CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, NOVEMBER 1, 1993 Galaxy Way Lot Split cont ... Cynthia Simp,;un, 239C' (:a'.aA w .,, I I Ili if in easement could be granted on a wetlands parcel. Trustee Kemp suggested granting a conservation easement where the land would be under the continuous jurisdiction of the Township, a conservation society, and possibly the homeowners association. Discussion followed. ' Moved by Cueny, supported by Kemp to put this issue back on the floor for further discussion. AYES: Barnes, Hall, Brown, English, Skylis, Kemp, Cueny. NAYS: None. MOTION CARRIED 7 -0. Moved Cueny, supported by Kemp to take 0.51 acre from parcel #09 -21- 358 -033, a metes and bounds lot, and attach it to parcel #09 -21- 301 -012, Lot 11, Keatington Knolls Subdivision, with these two actions to occur simultaneously. Mrs. Easton supported a conservation easement so this piece of land is protected. Lisa Carnegie, 2330 Galaxy Way, said the subdivision deed restrictions do not allow property to be added to an existing lot without permission of 75% of the property owners. Trustee Barnes said the Township is not involved in enforcing deed restrictions. VOTE: AYES: Hall, Kemp, Cueny. NAYS: Barnes, English, Brown, Skylis. MOTION FAILS FOR LACK OF SUFFICIENT MAJORITY 3 -4. ' 2. KNOLLWOOD WETLANDS APPLICATION, LOT 39. Clerk English read a memo* dated October 11, 1993 from the Orion Township Planning Commission regarding PC- 93 -30W, Knollwood Wetlands Application, Lot 39, Knollwood Gardens Subdivision. Supervisor Brown said the Planner and Engineer have reviewed the application. Moved by English, supported by Hall to concur with the Planning Commission and to approve the wetlands application permit for PC- 93 -30W, Knollwood Wetlands, Lot 39 with the plans indicating a 25 foot minimum setback from the wetlands for Lots A, B, & C. The following residents objected to approval of the application. They were concerned that the wetlands were not being adequately protected, that residents were not properly notified, and that the split constitutes keyholing: Linda LaBlang, 656 Knollwood Jill Bastian, 913 Heights Rd. Pat Thomas, 606 Knollwood Ray LaBlang, 656 Knollwood Gert Halboth, 410 Knollwood ' Aaron Heilig, applicant, answered questions from the Board. He said this is a legal split, the home currently being constructed meets all requirements and any activity in the wetland, including the sewer line are permitted by law. He felt the main objection of the neighboring property owners is that the property was made into four lots. Huston Kennedy, Kennedy Surveying, discussed the plans for the sewers. VOTE: AYES: Kemp, English, Brown, Hall, Barnes, Cueny. NAYS: Skylis. MOTION CARRIED 6 -1. 0.o�L CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY NOVEMBER 1. 1993 3. ORION BUSINESS PARK 41 EXTENSION REQUEST (property located at 9901 Lapeer Rd.) Clerk English read a memo* from the Orion Township Planning Commission dated October 11, 1993 from the Orion Township Planning Commission regarding PC- -89 -8, Orion Business Park #1 Extension Request. Trustee Kemp and Clerk English pointed out that the motion by the Planning Commission should state this is an wxlcnnion at Final I'rclimi"aE2 Plat. Moved by Kemp, supported by Cueny to concur with the ' Planning Commission and to grant a one year extension of Final Preliminary Plat for Orion Business Park #1 (PC -89 -8) to October 1, 1994 with the condition that they concur with any ordinance changes. AYES: Cueny, Kemp, Barnes, Skylis, Hall, English, Brown. NAYS: None. MOTION CARRIED 7 0. 9. REQUEST TO BID WALDON /GIDDINGS /SILVERBELL PAVING PROJECT (memo* dated October 27, 1993 from Clerk English) Moved by Kemp, supported by Skylis to authorize the Clerk to advertise for bids for the Waldon /Giddings /Silverbell paving project with bids due Wednesday, December 8, 1993 at noon. Discussion followed. AYES: Barnes, English, Kemp, Hall, Cueny, Brown, Skylis. NAYS: None. MOTION CARRIED 7 -0. The Township Board temporarily recessed from 8:95 -9:03 p.m. 5. APPOINT NEGOTIATING COMMITTEE FOR CONTRACT EMPLOYEES. Contracts with the Electrical Inspector and the Plumbing /Mechanical Inspector expire on December 31, 1993. Supervisor. Brown recommended that Tom Berger, Building official, be on the committee. ' Mr. Berger said he would like to be included on the committee. He has been gathering information from neighboring communities regarding compensation for inspectors. He said he would like to negotiate a three year contract because State recertification is now on a three year cycle and the current inspectors have just been recertified. The Board asked Mr. Berger to gather information from other communities on salary and fringes, hours worked, and a comparison of pay to service and present it to the Board. 6. ELECTED OFFICIALS POLICY - HEALTH INSURANCE BENEFITS. Clerk English referred to her memo* dated October 20, 1993 regarding amending the Township's General Operating Agreement with Blue Cross /Blue Shield of Michigan to include part -time employees. Blue Cross currently requires employees to work a minimum of 30 hours to be eligible for coverage. The Board directed Clerk English to write to Blue Cross /Blue Shield asking them to amend the General Operating Agreement to make employees who work a minimum of 10 hours per week eligible for coverage. Trustee Barnes also asked Clerk English to inquire , about a possible rate increase in 1994 so those figures can be used for budgeting. The following residents objected to part -time employees receiving benefits: Mary MacMaster Richard Webster, Bunny Run Beth Webster, Bunny Run X03 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, NOVEMBER 1, 1993 7. CONFLICT OF INTEREST POLICY (memo* dated October 13, 1993 from Clerk English) Clerk English said the Township adopted a Conflict of Interest Policy on January 2, 1979 but it has not been enforced. The policy includes all employees including part -time employees, contractors, and consultants. The consensus of the Board was to require all employees to complete and return a Conflict of Interest Statement /Disclosure by the end of 1993. ' 8. OPINION FROM ATTORNEY AND PLANNER RE: 4 -H CHICKENS. The opinion* from Township Attorney dated October 12, 1993 regarding Section 6.04 of Ordinance No. 78 was referred to the Zoning Board of Appeals. 9. BUILDING COMMITTEE REPORT ON SOIL BORINGS. Information was received from Birch Environmental (letter* to Supervisor Brown dated October 25, 1993) indicating there are 2 or 3 underground storage tanks at the old Township Hall, 571 S. Lapeer Rd. They re- commended that a Phase 2 Environmental Study be conduc- ted to assure that there is no contaminated soil in the area around the tanks. They estimated the cost of the study at $2600 (plus mileage) if 3 tanks are present. Trustee Cueny recommended that the Board proceed with the study so the old Township Hall can be sold for revenue for the Township Hall expansion. Trustee Skylis said the Township has a responsibility to do the testing now that it is known the tanks are there. Clerk English was opposed to proceeding without an overall plan. She also questioned where there was money in the 1993 budget for this item. Discussion followed on developing a specification package. Trustee Kemp ' pointed out that the engineers have a complete package on what was done at CMS. Moved by Barnes, supported by Kemp to ask the engineer to draw up specifications for bids for soil borings at the old Township Hall for a Phase Two Environmental Study. AYES: Cueny, Hall, Brown, Skylis, Kemp, Barnes. NAYS: English. MOTION CARRIED 6 -1. B. TREASURER'S OFFICE MATTERS - TREASURER'S REPORT. Treasurer Hall referred to her memo* dated October 27, 1993. She responded to questions from Board members at the October 18, 1993 meeting regarding the investment policy and an interest rate variation on treasury receipts purchased May 15, 1991 and November 15, 1991. The report included information on her attempts to reconcile the Treasurer's reports and Clerk's office records. Treasurer Hall said a procedure was developed by the former auditors to address the problem of differing account balances between the two offices. After several requests for meetings, she recently met with the Accounting Coordinator to resolve problems. In response to the report on reconciliation, Clerk ' English commented that the Treasurer has received every monthly trial balance with correct cash balances. These agree with each bank balance. If the Treasurer's reports don't agree with the trial balance (which means they won't agree with the bank balance) only the Treasurer's office can find out why they don't agree. If the Clerk's office provides answers, the checks and balances in the system are gone. Discussion followed. C. SUPERVISOR'S OFFICE - 1994 -95 CDBG FUNDS. The following recommendation was made by the CDA Committee (Supervisor Brown, Trustee Barnes, and Jill Bastian) regarding the allocation of CDBG funds for the 1994 -95 program year: Nutrition Aide $ 10,500 Home Chore 826 �. oy CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, NOVEMBER 1, 1993 1994 -95 CDBG Fundy cont. -__ Senior Van Driver 15,000 Minor Home Repair 10,000 Calendar /Newsletter for Seniors 6,310 Handicapped Equipment for Library 2,500 Senipr__Center Renovations & Equip. 42,706 TOTAL $ 87,842 Moved Barnes, supported by Kemp to set a Public Hearing on allocating 1994 -95 CDBG funds for Monday, Nov. 15, 1993 at 8:00 p.m. AYES: Skylis, English, Hall, Brown, Cueny, Kemp, Barnes. NAYS: None. MOTION CARRIED 7 -0. D. PARKS AND RECREATION MATTERS - SET PUBLIC HEARING FOR FUTURE SAFETY PATH PROJECTS. At its meeting on October 14, 1993, the Safety Path Advisory Committee selected the following sites for possible safety path construction in 1994: 1. Baldwin, east side, from Eaton Gate to Sandoval. 2. Baldwin, west side, from Waldon to Leewood. 3. Lapeer (M -24), east side, from Clarkston to Scripps. 4. Joslyn Rd., west side, from Joslyn Cf. to Waldon. Moved by Hall, supported by Kemp to set a Public Hearing regarding proposed future safety path projects for November 15, 1993 immediately following the CDBG Public hearing. AYES: Cueny, Brown, English, Skylis, Barnes, Kemp, Hall. NAYS: None. MOTION CARRIED 7 0. E. ORDINANCE ADOPTION - CABLE RATE REGULATION ORDINANCE. The proposed Cable Rate Regulation Ordinance was adver- tised in the October 27, 1993 edition of the Lake Orion Review for adoption at tonight's meeting. Moved by Hall, supported by Kemp to adopt the Cable Rate Regula- tion Ordinance. AYES: Brown, English, Barnes, Skylin, Cueny, Kemp, Hall. NAYS: None. MOTION CARRIED 7 -0. Trustee Kemp asked the Clerk to notify the OCCCC immediately because time is critical on this matter. F. CONSENT AGENDA. Moved by Kemp, supported by Cueny to approve the Consent Agenda as follows: Approved purchase of a Toro C.C.R. Powerlite snowblower from King Brothers, Inc. at a cost of $369.00. AYES: English, Brown, Hall, Skylis, Barnes, Cueny, Kemp. NAYS: None. MOTION CARRIED 7 -0. 9. BOARD MEMBER COMMENTS. Supervisor Brown Commissioners will Township will be which was paid i agreement. announced that the be voting Thursday required to repay n advance under the County Board of on whether Orion the $1.5 million county landfill Supervisor Brown also announced a budget work session on Thursday, November 4 at 7:00 p.m. Trustee Kemp, Trustee Cueny, Clerk English, and Treasurer Hall could not attend. Supervisor Brown said the public hearing would proceed based on the budget figures as they currently stand with adjustments to be made later. Trustee Barnes objected to proceeding with the public hearing on the budget. He said if the budget is adop- ted as it stands the fund balance would be wiped out. Trustee Cueny said the Supervisor should have done a better job of presenting the original budget- so the Board could have conducted fewer work sessions. He 1 X05-- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, NOVEMBER 1. 1993 Board Members Comments, cont... hoped the Supervisor would have more experience in putting together the budget data next year so that taxpayer's money and Board member's time is not wasted on special meetings. Trustee Skylis said the responsibility. Trustee Kemp pointed that agenda at three of the which took away from the budget was the whole Board's there were other items on the work sessions for the budget time available for budget work Treasurer Hall said she learned that the fee for a special meeting of the Planning Commission is $200. However,it costs $420 just for the Planning Commission- ers to attend. Tom Berger and Mame Rusch are working on revisions to Ordinance No. 41 to increase fees to recover special meeting costs. She also questioned the status of the Pinegrove vs Orion settlement. Supervisor Brown said there should be closed session at the next meeting. She also asked if anyone had contac- ted Loren Yaros about future Tri -Party road projects. Supervisor Brown said that would not be done until he knows the dollar amount of project money for 1994. 10, NEW BUSINESS A. ORION ART CENTER REQUEST TO WAIVE PERMIT FEE. A letter* dated October 27, 1993 was received from Carol Yakima, President, Orion Art Center. They asked the Board to waive the $60 building permit fee for repla- cing the furnace. Moved by Skylis, supported by Barnes to waive the $60 building permit fee for the Orion Art Center. AYES: English, Hall, Kemp, Brown, Cueny, Skylis, Barnes. NAYS: None. MOTION CARRIED 7 -0. B. NORTHPOINTE FINAL PRELIMINARY PLAT. Clerk English read a memo* dated October 25, 1993 from the Orion Township Planning Commission regarding PC-- 93 -1.7, Final Preliminary Plat for Northpointe Industrial Park No. 1, located on the east side of M -24 between Kay Industrial Drive and Ellen Drive. Moved by Cueny, supported by Skylis to concur with the Planning Commission and to approve PC- 93 -17, Northpointe Final Preliminary Plat, Township date stamped September 28, 1993, with the condition that the petitioner work with the Township Engineer to stabilize and re- vegetate the area as much as possible this year. AYES: Barnes, Kemp, Hall, English, Brown, Skylis, Cueny. NAYS: None. MOTION CARRIED 7 -0. C. MERL MEACHAM SITE PLAN. A memo* dated October 25, 1993 was received from the Orion Township Planning Commission regarding PC -93 -9, Meacham Site Plan. This matter will be on the November 3, 1993 Planning Commission agenda. Trustee Cueny was concerned about the many violations on this property. D. APPOINTMENTS. PLANNING COMMISSION. Moved by English, supported by Skylis to follow the recommendation of the Supervisor and reappoint Don Bartus to the Planning Commission for a three year term to expire October 31, 1996. AYES: English, Brown, Skylis. NAYS: Kemp, Hall, Barnes, Cueny MOTION FAILED FOR LACK OF SUFFICIENT MAJORITY 3 -4. Moved by Skylis to concur with the Supervisor and appoint Larry Mullins to the Planning Commission for a three year term to expire October 31, 1996. MOTION DIED FOR LACK OF SUPPORT. aot� CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, NOVEMBER 1, 1993 ZONING BOARD OF APPEALS. Moved by Kemp, supported by Skylis to reappoint Eric Wilson to the Zoning Board of Appeals for a three year term to expire October 31, 1956. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. E. SET COMMITTEES TO REVIEW ATTORNEY AND ENGINEER. Supervisor Brown recommended that Dick White, Director of DPW, or Mame Rusch, Building Department, be included on the committee to review the proposals for engineering services. Trustee Barnes suggested that Ron Kaliszewski, 2903 Walmsley Circle, be included because he is familiar with the engineering firms. Discussion followed on whether this would be a conflict of interest: for Mr. Kaliszewski since he has submitted a bid for architectural services for the Township Hall expansion. Board members also discussed including a Planning Commission member. Moved by Cueny, supported by Skylis to appoint a committee composed of Ron Kaliszewski, Peter Kemp, Richard White, and Don Bartus to review engineering proposals. AYES: Barnes, Hall, Brown, Kemp, Skylis, Cueny. NAYS: English. MOTION CARRIED 6 -1. Moved by English, supported by Skylis to extend the meeting to 11:00 P.M. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. ATTORNEY PROPOSALS. Moved by Barnes, supported by Hall to appoint a committee composed of Trustee Cueny, Eric Wilson, Bill Schram to review attorney proposals. AYES: Kemp, Skylis, English, Brown, Cueny, Hall, Barnes. NAYS: None. MOTION CARRIED 7 -0. Board members agreed to set December 23 -29 and December 30 31 as the dates for Township holiday closings. 11. PUBLIC COMMENT Bonnie Stickney, 731 E. Clarkston, asked whether another vote can be taken on an item which was voted on by the full Board, specifically, health care benefits for Trustees. Trustee Barnes said the current discussion involves implementation of the previous vote on health care benefits. Clerk English said it was her understanding that any item could be brought before the Board if it was submitted in a timely manner. Trustee Cueny said, in his opinion, Trustees are entitled to 50% of health care coverage. Jill Bastian, 913 Heights Rd., explained the October vote was to taken to change the Elected Officials policy to state that Trustees are part time employees. The matter of whether the insurance Company will cover part -time employees is still being researched. Leon Harrison, 746 F. Silverbell, asked the status of the lawsuit regarding Mike Foley's Silverbell property. Mr. Patterson said the case has been dismissed. Moved by Skylis, supported by Barnes to adjourn the meeting. AYES: Cueny, Barnes, lull, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. The meeting adjourned at 10:95 p.m. l c (7 Marie E. F.ngl� h, Clerk. Charter Towni of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk'-, Offiut,. J CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES 2 0 7 1994 BUDGET The Charter Township of Orion Board of Trustees held a Public Hearing on the 1994 Budget at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis OTHERS: Jill Bastian John Attwell Robin Crawford Dolores Gekiere Richard M. White The Public Hearing regarding the 1994 budget was called to order at 7:00 p.m. Clerk English called the roll. All members were present except Trustee Skylis who arrived 7:10 p.m. The following public comments were made: Jill Bastian, 913 Heights Rd., summarized her written comments* dated November 10, 1993 on the following items: 1. Attorney Fees - she would like to see these costs itemized and see a comparison of costs to results in litigation. Also, what are the costs for the insurance company's attorney? 2. Health Insurance for employees - only fulltime employees should receive full coverage. 3. Annual longevity for employees should be replaced with merit pay. 4. Clerk's office should return to 35 hour work week unless Justified by workload and the Township Hall is open longer hours for the public. 5. Parks and Recreation Director's salary should not increase more than 3% especially if duties decrease. Also, an evaluation should be done which would come from the Suppervisor but include input from other committees and ciiizens with whom he works. 6. Police expenses should be itemized and any increase in the contract should be limited to 3% or the amount of the raises for other employees. 7. Balance the budget by discontinuing the subsidy to the Police Fund. Police services should be paid for entirely by voted millage with the amount to be determined by how much police service the public wants to support. Trustee Cueny concurred with Ms. Bastian. He asked for a reduction in police services unless the public authorizes a millage increase to cover the deputy who was added last year, any additional coverage, and a contract increase. 8. Make Safety Path Fund figures available to the committee on a monthly or quarterly basis including figures for engineering and construction. She felt the present report is very confusing. 9. Ms. Bastian supported continuing contracts with the Senior Center Manager, Youth Assistance, FISH, LOFA (3 -D Programs), Youth -to- Youth, and Boys /Girls Club with an annual report to be required. Also, have groups make a presentation before the budget is put together. Trustee Cueny said the Township is in financial difficulty) and may not be able to continue to support the community service groups other than the Senior Center manager. 208 dT : —; 1• 44, 011,41 d i l ;il '40 M1':NW11T i'siAh CHARTER TOWNSHIP OF QR#;N 1401W% QF�rRUSTEES MINUTES 10. Consider adding a wetlands and woodlands expert to enforce ordinances, possibly part -time or on -call. 11. Supported making an annual :•{rgk,,j a Building /Capital Outlay fund for expansion and repair of facilities. 12. Ms. Bastian volunteered to serve on a Compensation Board to set elected officials salaries and benefits. John Attwell, Assessor, commented that paying 40% of police costs out of the General Fund is a large drain on the budget and the other services the Township must provide. Trustee Cueny supported placing a Police Millage on the February ballot. The Township should specify, if it does not pass, we will have to cut 5 out of 13 current deputies because each deputy costs $75,000. He felt the public did not understand the details the last time a millage was on the ballot. Also, the Township cannot continue to pay employee salary increases and all health care costs without sacrificing some services. Robin Crawford, 2787 Aldrin Dr., asked the Board to continue fully supporting community services. He said he represents the soccer league which receives a contribution of less than $5.00 per player or approximately $3600 this year for Orion players. His organization continues to grow by 10% per year and the league is pressured to raise fees. The current fee of $25 per child goes to educating coaches. He asked the Board not to reduce their budget or the children would suffer. The public hearing was declared held at 7:30 p.m. The following Board comments were made: Trustee Barnes said he could not approve the budget as presented because it is fiscally irresponsible to approve a budget which says the Township will spend all of its revenue and virtually all of its carry forward funds. Expenses have been increased at each work session and no additional revenue has been identified. Supervisor Brown referred to revenue sharing figures* from Rep. Penny Crissman and Senator Mat Dunaskiss which show $330,000 more In State Revenue Sharing for next year than is shown in the budget. Trustee Barnes said the Board agreed to leave revenue for 1994 at the same level as 1993 and the current budget shows the Township spending $455,000 more than it is taking in. Treasurer Hall felt revenues were underbudgeted. Clerk English said her office spoke to a Blue Cross representative this afternoon and rates should stay about the same in 1994. Supervisor Brown said Blue Cross figures in the 1994 budget could be reduced by $26,280 based on the Clerk's information. Trustee Cueny said longevity has not been dealt with and each department shows an increase in salaries. He said the Township should consider a wage freeze. This has not been done since 1984. Also, costs in other areas are not being curtailed. He felt repairs to the roof and the parking lot should be included in the building expansion. Community services should be removed altogether except for the salary for the Senior Center Manager. He would not approve the budget as it stands. There was brief discussion on repaying $1.5 million to Oakland County. Trustee Cueny said these funds could be repaid from water and sewer monies. 1 209 TOWNSHIP Budget Public Hearing. cont... Supervisor Brown said the Village of Lake Orion will be increasing the cost for dispatch service to $5000 per month beginning in January 1999. Discussion followed on alternatives for dispatch service. Trustee Cueny said he would contact Oakland County and report to the Board at the next meeting. Trustee Cueny felt the Township should look at increasing the fee schedule for the Building Department particularly for reinspections and violations. Also, Parks and Recreation should generate revenues. Trustee Kemp said the Building Department schedule of fees is reasonable based on what is charged by other communities in the area, however, reinspection fees could be added and fines could be increased for violations. There was also brief discussion on revenue from police citations. Supervisor Brown referred to Page H of the General Fund budget showing $25,097 as the Balance Forward.. He added $330,000 for anticipated Revenue Sharing and $28,280 for Blue Cross making the Balance Forward of $383,377. Discussion followed an maintaining carry forward funds. Treasurer Hall said she had identified $126,900 in 1993 funds which would be unexpended which would make $510,000 in Carry Forward funds. Clerk English said several of those 1993 adjustments have already been made. j There was further discussion on the estimated $129,600 cost to repair the parking lots and whether this figure had been included in the 1999 budget. Trustee Cueny again recommended that no paving be done until the building expansion4is'done/. I ' There was brief discussion on phasing- ott, longevity for all employees per Treasurer Hall's recommendation or phasing out longevity for new hires after January 1, 1999. Action may be taken at a future meeting. Clerk English said the Employee Policy would need to be changed. Moved by Kemp, supported by Cbeny' to •a49jourt the &%eting. AYES: Cueny, Barnes, Hall, Brown, Skylis, Kemp, English. NAYS: None. MOTION CARRIED 7 -0. The meeting adjourned at 8:^05 p.m. Marie E:1Ehg`i(I h, Clerk Charter Township of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. -------------------- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* REGULAR MEETING, MONDAY, NOVEMBER 15, 1993 The Charter Township of Orion Board of Trustees held a ' Regular Meeting, Monday, November 15, 1993 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. A Public Hearing on 1999 -95 Community Development Block Grant Funds was scheduled to begin at 8:00 p.m. A Public Hearing on 1999 proposed Safety Path Projects was scheduled immediately following the CDBG Public Hearing. BOARD MEMBERS PRESENT: Supervisor Doug Brown Trustee Allen Barnes Clerk Marie English Trustee Burke Cueny Treasurer Suzanne Hall Trustee Peter Kemp Trustee James Skylis 210 Qp �.µ1t�gi,,_pa3i_ emu` $ ;y;� do *iiR. ''To Ft itgtiY:"'H �' r ' aN' q* UEGIILALt r1�I U. u Ma w. y OTHERS: Wayne Chelette Leon Harrison Darrel Cole Carl Cyrovski Jack Ward Bud Rossman Mary Rodgers Richard Webster Steve Hall Debra Averill Marc Glova Ron Krukovski Mike Comer Bob Smith Mark Gaworecki Jim Milford Chris Carr Richard M. White Karen Muz Tim Marriott Beth Webster Kathy Davis Tim Kimmel B.J. Griffin James Marleau Mary MacMaster Jill Bastian Bonnie Stickney Mike Mansour Connie Krajicek Dale Rodgers Leann Marriott Ron Elmy Judy West Mike Maloney Rickey Faermark J. Casinelli The meeting was called to order at 7:00 p.m. by Supervisor Brown. The Pledge of Allegiance was led by Trustee Kemp and the Invocation was given by Pastor Wayne Chelette, Church of God. Clerk English called the roll. All members were present. 1. SPECIAL MEETING, OCTOBER 27, 1993. Moved by Cueny, supported by Kemp to approve the minutes of the Special Meeting of Wednesday, October 27, 1993 as submitted. AYES:, Barnes, Cueny, Kemp, Skylis, Hall, English, Brown. NAYS: None. MOTION CARRIED 7 -0. 2. REGULAR :MEETING, NOVEMBER 1, 1993. Moved by Barnes, supported by Kemp to approve the minutes of the Regular Meeting of Monday, November 1, 1993 as submitted. AYES: Brown, English, Hall, Skylis, Kemp, Cueny, Barnes. NAYS: None. MOTION CARRIED 7 -0. Moved by Kemp, supported by Skylis to approve the bills for payment as submitted in the amount of $90,871.08. AYES: Barnes, Cueny, Hall, English,. Brown, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. Mary HSCMastet discussed seddcal benetita fon ,.Trustees. . ., 11 N 7. APPROVAL OF ACN MM,, , -H ^ .c , ! ' 61 Moved by Kemp, supported by Barnes to approve amendments to the agenda as follows: Amend 8B, Attorney Matters, remove B -la, Update on Oakland County Agreement, and place it under B -2 for discussion in open session. Change 8D -1 to - Receive and File Report from Election Commission. y : . . s.,.I A, Remove 10 -B, Adopt 1999 Budget, and place it on the December 6, 1993 agenda. AYES: Cueny, Hall, Brown, English, Skylis, Kemp, Barnes. NAYS: None. MOTION CARRIED 7 -0. TOWNSHIP A. PREVIOUS AGENDA ITEMS. 211 M�L#IIl�TiiS PLANNING COMMISSION APPOINTMENT. Moved by English, supported by Cueny to accept the Supervisor's recommen- dation and appoint Gary Halverson to the Orion Township Planning Commission for a three year term (expires October 31, 1996). AYES: Barnes, Kemp, Skylis, Hall, ' Brown, Guenyy English. HAYS: None. MOTION!CARRIED 7 -0. B. ATTORNEY MATTERS 1. EXECUTIVE SESSION ON PENDING LITIGATION - DEWEY VS ORION. Moved by Kemp, supported by Skylis to go to Executive Session for the purpose of discussing pending litigation - Dewey vs Orion. AYES: Barnes, Cueny, Hall, English, Brown, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. The Township Board temporarily recessed at 7:30 p.m. to hold an Executive Session. The Regular Meeting resumed at 7:50 p.m. Moved by Skylis, supported by Kemp to accept the recommendation of counsel regarding Dewey vs Orion. AYES: Barnes, Cueny, Hall, English, Brown, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. 2. UPDATE ON OAKLAND COUNTY SETTLEMENT AGREEMENT. Parvin Lee, Township Attorney, updated the Board on recent action by the Oakland County Board of Commissioners. Oakland County is attempting to terminate the agreement between, Orion Township and ' Oakland County regarding Eagle Valley Landfill and request a refund of the $1.5 million which W #a paid in advance. Mr. Lee said this agreement was made under a Consent Judgment (Judge Hilda Gage) and the County cannot arbitrarily decide not to proceed without sanctions by the Court. Mr. Lee advised the Board this matter is in a very preliminary stage and the Township has not received official word from Oakland County as to What is being proposed. He recommended that the Board proceed to fulfill commitments to make improvements around the landfill. Brief discussion followed on the agreement.with•Waste MaAagement, REQUEST FOR CIRCUIT COURT ACTION RE: 380 S. CONKLIN AND 3330 HILL ROAD. Two properties have had numerous enforcement actions taken against them regarding compliance with Ordinance #4 and Ordinance #78. Because there has been no response from the parties, Supervisor Brown and the Township Attorney recommended initiating Circuit Court action. Moved by Cueny, supported by Barnes to authorize the Attorney to proceed with Circuit Court action on property at 380 S. Conklin Rd. (Sidwell# 09 -12- 201 -015, ' Evelyn Tucker, owner) and 3330 Hill Rd. (Sidwell# 09- 20- 104 -012, Donna Klein, owner). AYES: Kemp, Skylis, Hall, English, Brown, Barnes, Cuney. NAYS: None. MOTION CARRIED 7 -0. PUBLIC HEARING ON THE ALLOCATION OF 1994 -95 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. The Township Board temporarily recessed at 8:00 p.m. to hold a Public Hearing regarding allocation o4, 19.94- 95,-Community Development Block Grant Funds. The Regular Meeting reconvened at 8:10 p.m. Brief discussion followed on the amount of funds allocated for the Senior Center. Trustee Barnes said the funds could be reallocated if other uses are found. There was discussion on using more of the funds for low income home repair or the elevator for the Township Hall renovation. 212 eWA#Vft TOWNSHIP Ott �. I .,:.A .4t M'hFNlr4�S ALLOCATION OF 99 -95 CDBG, cont... • " 1 .'" "ti "'t'' Moved by Hall, supported bf keft"Ltd apprdVe' the proposed use of the Community Development Block Grant Funds as presented "Alnff'avthbi%iib' fIllfft "the'Id'oWichtion before December 3, 1993. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. PUBLIC HEARING ON PROPOSED 1994 SAFETY PATH PROJECTS. The Township Board temporarily recessed at 8:15 p.m. to hold a Public Hearing regarding prbiva''e"d '1'9 4'' 'eafety Path Projects. The Regular Meeting reconvened at 8:50 There was brief discussion on the section of path from Joslyn Ct. to Waldon Rd. Jill Bastian, 913 Heights Rd., was concerned that the funds provided by Lochmoor Condominiums in lieu of building the path are not sufficient for construction and engineering especially for the wooded area and the ravine near Waldon Rd. Moved by Cueny, supported by English to refer all written information including minutes, letters, and petitions to the Safety Path Committee for their review and recommendation. AYES: Kemp, Skylis, 'English, Brown, Hall, Barnes, Cueny. NAYS: None. 'MOTION CARRIED 7 -0. --'-A- PAL_L-- 2-it. tL= "-- '1----- ---- LvLd'- .i:'--- --:.:i C i:'---- - - ---- The Township Board temporarily recessed from 9:10 -9:30 p.m. ------------------------------------------------------ - - - - -- C. ASSESSING DEPARTMENT. LETTER OF RESIGNATION. Clerk English read a memo* dated November 3, 1993 from Beverly Shaver and a letter* dated November 9, 1993 from John Attwell, Assessor, regarding Ms. Shaver's resignation effective the end of the business day November 29, 1993. Moved by English, supported by Skylis to accept the resignation of Beverly Shaver, Assessing Department, and -to' aend her" a 'lete+ r "of' thanks for herservice to the Township. AYES: Barnes, Cueny, Skylis, ''Hall, Brown, Kemp, English. NAYS: None. MOTION CARRIED 7 -0. Discussion followed on advertising to fill the vacancy with a Level 2 or Level 3 at the Assessor's discretion or promoting from within. Trustee Kemp suggested holding this position until the Assessor has time to become acquainted with his position and his staff. Treasurer Hall said it was important to fill the position because this is a busy time of year for the Assessing office. This matter was held until the Board can get input from Mr. Attwell. Bonnie Stickney, 713 E. Clarkston Rd., asked for a copy of the Board of Review minutes. Connie Krajicek 1111 L'eidich, tfad'� questlbn's` on "hei'`ta:N bifl.4 mt'. Bro4A said he would look into Offs mat+eY " '' D. CLERK'S OFFICE MATTERS - REALIGNMENT OF PRECINCTS. Moved by Kemp, supported by Barnes to receive and file the proceedings of the Election Commission regarding the realignment of the boundaries of Precinct 6 and Precinct 10. AYES: Cueny, Skylis, Hall, Brown, English, Barnes, Kemp. NAYS: None. MOTION CARRIED 7 -0. 213 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING,, MGMAY, -ra .IM E. DPW MATTERS - RMW"T TO ABANDON AND >i98AL AFMU$ (memo* dated November 4, 1993 from Richard White, Director of DPW) Mr. White answered questions from the Board regarding a proposal from Layne- Northern Company to abandon and moal municipal wells at the following locations: Casemer Rd. Apartments (Oak Forest Apts) Keatington Condos (Waldon Rd.) ' Keatington Meadows (Maybee Rd.) Keatington i6 (Corner of Orbit and Galaxy Way) Layne- Northern will remove all motors, pressure reducing valves and Layne brand pumps from the well sites to their facility in Lansing. This equipment will be evaluated and a salvage credit will be given the Township after mutual agreement on the amount. Moved by English, supported by Cueny to accept the proposal as outlined by Mr. White in his memo* dated November 4, 1993 and award this work to Layne- Northern for an amount not to exceed $18,123.13 for abandoning and sealing the wells. This bid is being awarded to Layne- Northern because much of the equipment was purchased from Layne- Northern and the Township will receive a salvage credit upon evaluation of the equipment by Layne- Northern. AYES: Barnes, Cueny, Kemp, Skylis, Hall, English, Brawn. iNAYS:n None. MOTION CARRIED 7 -0. F. FIRE DEPARTMENT MATTERS. Moved by English, supported by Hall to concur with the Fire Chief and adopt 1994 pay rates for paid -on -call Fire Fighters (per his memo* of November 8, 1993) AYES: Kemp, Cueny, Barnes, Hall, English, Brown, Skylis. NAYS: None. MOTION CARRIED 7 -0. 2. REQUEST TO CHANGE FIRE INSPECTOR FROM A 35 HOUR WORK WEEK TO A 40 WORK WEEK. Chief Key answered questions from the Board regarding his request to put the Fire Inspector on a 40 hour work week because his responsibilities have increased. Moved by English, supported by Skylis to put the Fire Inspector position on a 40 hour work week beginning December 1, 1993. AYES: Brown, English, Hall, Skylis, Kemp, Cueny, Barnes. NAYS: None. MOTION CARRIED 7 -0. ' G. SUPERVISOR'S OFFICE. 1. SMART CONTRACT APPLICATION (memo* dated November 9, 1993 from Supervisor Brown) Moved by Kemp, supported by Barnes to approve two contracts with SMART - one for bus tickets and charter service, and one for the Senior van program; and to authorize the Supervisor and Clerk to sign on behalf of the Township. AYES: Cueny, Skylis, Hall, English, Brown, Barnes, Kemp. NAYS: None. MOTION CARRIED 7 -0. 1. ESTABLISH 1994 PAY RATES FOR PAID -ON -CALL FIRE ' FIGHTERS. Fire Chief Jeff Key answered questions, from the Board regarding his recommendation for 1994 pay rates for paid -on -call Fire Fighters. The recommendation incorporates an increase of $1.00 per hour in all pay rates except for probationary personnel and is comparable to other paid -on -call fire departments in the area. I •: ^' Moved by English, supported by Hall to concur with the Fire Chief and adopt 1994 pay rates for paid -on -call Fire Fighters (per his memo* of November 8, 1993) AYES: Kemp, Cueny, Barnes, Hall, English, Brown, Skylis. NAYS: None. MOTION CARRIED 7 -0. 2. REQUEST TO CHANGE FIRE INSPECTOR FROM A 35 HOUR WORK WEEK TO A 40 WORK WEEK. Chief Key answered questions from the Board regarding his request to put the Fire Inspector on a 40 hour work week because his responsibilities have increased. Moved by English, supported by Skylis to put the Fire Inspector position on a 40 hour work week beginning December 1, 1993. AYES: Brown, English, Hall, Skylis, Kemp, Cueny, Barnes. NAYS: None. MOTION CARRIED 7 -0. ' G. SUPERVISOR'S OFFICE. 1. SMART CONTRACT APPLICATION (memo* dated November 9, 1993 from Supervisor Brown) Moved by Kemp, supported by Barnes to approve two contracts with SMART - one for bus tickets and charter service, and one for the Senior van program; and to authorize the Supervisor and Clerk to sign on behalf of the Township. AYES: Cueny, Skylis, Hall, English, Brown, Barnes, Kemp. NAYS: None. MOTION CARRIED 7 -0. 214 CNXRTER TOWNSHIP O'P''ORION "BOARV OF TRMTEES „w ffIN@TES REGULAR MEETING. � 1151 +%Mj 0 1 ' , 2. RNPRO(Alt'AN Mr-IM ICDSG ;FIlI W (memo*' diced November 9, 1993 from Supervisor Brown) Orion Township has unexpended CDBG funds for 1992 -93 and the 1993 -94 program years as follows: 1992 -93 Public Services (Flyers, Brochures) $2000 1992 -93 Public Services (Fish /Food Bank) $2450 1993 -94 Public Services (Home Chore) $5000 Moved by English, supported by Kemp to set a Public ' Hearing regarding the reprogramming of Community Development Block Grant Funds for December 6, 1993 at 8:00 P.M. AYES: Cueny, Barnes, Kemp, Skylis, Hall, English, Barnes. NAYS: None. MOTION CARRIED 7 -0. 3. EXTEND HOME CHORE CONTRACT. Moved by Kemp, supported by Barnes to approve the Modification Agreement* with Oakland Livingston Human Services Agency extending the time period from August 31, 1993 to August 31, 1994. Trustee Cueny pointed out the name needed to be changed on page 5, Section I, Designation of Representatives. AYES: Cueny, Barnes, Kemp, Skylis, Hall, English, Brown. NAYS: None. MOTION CARRIED 7 -0. H. ORDINANCE ADOPTION. 1. FIRST READING - PROPVEST REZONING. Supervisor Brown announced a First Readi'hg'of'RC- 93 -32, a request to rezone 104 acres from SE (Suburban Estates) and REC- 2 (Redreation -2)' to'MHP (Mobile Nome Park), property located on the north side of Scripps, west of M -24, Sidwell numbers 09 -15 -400 -013, 09 -15 -400 -017, and 09- 14- 300 -010. Clerk English read the memo* dated , November 1, 1993 from the Orion Township Planning Commission recommending denial of the rezoning request on a 7 -0 vote. This matter will be advertised for adoption at the December 6, 1993 meeting. 2. DANGEROUS BUILDINGS ORDINANCE. Township Attorney, Parvin Lee recommended that the Board proceed with the proposed Dangerous Buildings Ordinance. He explained that the present ordinance does not conform to State standards and is unenforceable. Mr. Lee responded to residents concerns from previous meeting that the ordinance would allow the Township to take action against many older homes. He outlined a number of safeguards' for rAsideifts which` Are built 'Vnto the ordinance to allow time to appeal'-: Tewhship action and to make necessary repairs. Brief discussion followed. Moved by Cueny, supported by Hall to advertise the Dangerous Buildings ordinance for action at the December 6, 1993 meeting. Richard and Mary Webster, 1132 S. Long Lake Blvd., were concerned about the impact of Section 2A.1 and 2A.8. ' VOTE: AYES: Barnes, Cueny, Kemp, Hall, English, Brown. NAYS: Skylis: MOTION CARRIED 6 -1. 1. I'll I. CONSENT AGENDA. Moved by Hall, supported by Kemp to approve the Consent Agenda as presented: 1. Approved solicitation request from Lake Orion Lion's Club for Goodfellow Newspaper sales from 6:00 a.m., December 3, 1993 until midnight, December 4, 1993. 215 CHARTER TOWNSHIP OF ORLON BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, NOVEMBER 15, 1993 CONSENT AGENDA, cont... 2. Approved solicitation request from Michigan Environmental Defense to conduct a door -to -door canvass between November 1, 1993 and February 4, 1994 between the hours of 4:00 p.m. and 9:00 p.m. ' AYES: Brown, English, Hall, Skylis, Kemp, Cueny, Barnes. NAYS: None. MOTION CARRIED 7 -0. Trustee Kemp thanked the Clerk's office for having the packets ready for the Board at the Wednesday evening meeting. He also thanked the Supervisor and Sheriff's Department for the work to redecorate the old Township Hall Burke Cueny objected to Township employees being allowed to take four consecutive weeks of vacation. Trustee Skylis referred to the letter* dated November 12, 1993 from the Village of Lake Orion. Unanimous action was taken at the November 8, 1993 Village Council meeting that, effective January 1, 1994, the rate charged to Orion Township for Fire Dispatching Services including burning permit matters, be at the monthly rate of $5000. This is an increase from the current charge of $3300 per month. The rate was estab- lished by the Village without input from the Township. Supervisor Brown said he has looked into dispatch ' service with Oxford, Oakland County and Fleet Ambulance. Trustee Cuney said he was disappointed that the Village of Oxford has not responded but the Committee will get an answer from them. He said he would favor a proposal which is expected from Oakland County costing $15,000 - $16,000 per year. ----------------------------------------------------------------- Moved by Kemp, supported by English to extend the meeting to 11:00 P.M. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. Chief Key said he understood the OESA would like to sit down with the Township regarding dispatch. He asked the Board to act very carefully on this matter and to meet with him regarding his department's needs before action is taken. He suggested that the Board sit down with the Village of Lake Orion to see if this can be worked out and to also meet with OESA to see what is available. Discussion followed. Parvin Lee, Township Attorney, said the letter dated November 12, 1993 from the Village of Lake Orion is an ' official document indicating that if the Township uses their services on or after January 1, 1994 we are obligated to pay them $5000 per month. Because there is no contract and if the Township accepts their services, we are accepting their services on their terms. The Township should give notice and request time to get off their system onto another system or ask them to rescind this action for some period of time while negotiating. He suggested the Board make a formal response to the Village before January 1, 1994. Board members agreed to have Mr. Lee correspond with the Village of Lake Orion before January 1, 1994 indicating we do not accept their arbitrary decision 216 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, NOVEMBER 15, 1993 BOARD MEMBERS COMMENTS, cont... but we are open to discussions with the committee that was formed by the Board (Barnes, Cueny, Skylis) and with the Supervisor and Fire Chief. Parvin Lee asked the Fire Chief to provide him with a copy of the old contract so that he can make an appropriate response to the Village. 10, NEW BUSINESS ' A. GOOD SHEPHERD LUTHERAN CHURCH REFUND FOR 1/2 APPLICATION FEE. Clerk English read a memo* dated November 10, 1993 from the Orion Township Zoning Board of Appeals regarding AB- 93 -89, Good Shepherd Lutheran Church, request for a temporary use permit for Christmas tree sales. Moved by English, supported by Skylis to concur with the Zoning Board of Appeals and to refund 1/2 of the application fee for Good Shepherd Lutheran Church, 1950 Baldwin; and that the Clerk's office send a memo to the Orion Township Planning Commission from the Township Board and the Zoning Board of Appeals suggesting they change the ordinance to allow non - profit groups to obtain a temporary use permit through a yearly administrative review after the initial application is made and if they have a good record of cooperation with the Township. AYES: Barnes, Cueny, Kemp, Skylis, Hall, English, Brown. NAYS: None. MOTION CARRIED 7 -0. B. ADOPT 1994 BUDGET. This matter will be placed on the December 6, 1993 agenda. ' 11. PUBLIC COMMENT Mary MacMaster, said the Supervisor was not allowing residents equal time to speak. She also felt residents were receiving discourteous responses to questions. Bonnie Stickney, 731 E. Clarkston, suggested amending the Subdivision Plat Act to require sidewalks in subdivisions with R1, R2, and R3 zoning so the children have a place to play. Beth Webster, 1132 S. Long Lake Blvd., said she has been denied information which she requested from the Building Department under the Freedom of Information Act. Bud Schaller, 2642 S. Baldwin Rd., did not feel the Township had the right to put a safety path across private property. He was also concerned about liability if someone was hurt on the safety path in front of his home. 05M- a"- Moved by Skylis, supported by Kemp to adjourn the , meeting. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. The meeting adjourned at 11:03 p.m. Marie E. EnglAsh, Clerk Charter Town hip of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. 217 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* PUBLIC HEARING, MONDAY, NOVEMBER 15, 1993 1994 -95 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The Charter Township of Orion Board of Trustees held a Public Hearing regarding 1994 -95 Community Development Block Grant Funds at 8:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Trustee Allen Barnes Supervisor Doug Brown Trustee Burke Cueny Clerk Marie English Trustee Peter Kemp Treasurer Suzanne Hall Trustee James Skylis OTHERS: Wayne Chelette Leon Harrison Darrel Cole Carl Cyrowski Jack Ward Bud Rossman Mary Rodgers Richard Webster Steve Hall Debra Averill Marc Glova Ron Krukowski Mike Comer Bob Smith Mark Gaworecki Jim Milford Chris Carr Richard M. White Karen Muz Tim Marriott Beth Webster Kathy Davis Tim Kimmel B.J. Griffin James Marieau Mary MacMaster Jill Bastian Bonnie Stickney Mike Mansour Connie Krajicek Dale Rodgers Leann Marriott Ron Elmy Judy West Mike Maloney Rickey Faermark J. Casinelli The Public Hearing was called to order at 8:00 p.m. by Supervisor Brown. He referred to his memo* dated November 9, 1993 outlining the following proposed allocation of 1994 -95 CDBG Funds: Nutrition Aide $ 10,500 Home Chore 2,500 Senior Van Driver 15,000 ' Minor Home Repair 10,000 Calendar /Newsletter for Seniors 6,211 Senior Center Renovations & EauiD. 41,318 TOTAL $ 85,529 Bonnie Stickney, 731 E. Clarkston Rd., questioned using $6,211 for the Senior Newsletter. She said the funds should be used for minor home repairs. Connie Krajicek, 1111 Leidich, also felt the funds allocated for seniors should be used for home repair for low income residents. The Public Hearing was declared held at 8:10 p.m. Marie E. English, K Clerk Charter Towhip of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. ----------------------------------------------------------------- ----------------------------------------------------------------- ------------------------------ ' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* PUBLIC HEARING, MONDAY, NOVEMBER 15, 1993 PROPOSED 1994 SAFETY PATH PROJECTS The Charter Township of Orion Board of Trustees held a Public Hearing regarding Proposed 1994 Safety Path Projects immediately following the 8:00 p.m. CDBG Public Hearing. The Public Hearings were held at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. HOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis 218 CHARTER TOWNSHIP OF ORION BOARD 09 TRUSTEES MINUTES PUBLIC HEARING, PROPOSED 1994 SAFETY PATHS, NOVEMBER 15, 1993 OTHERS: Wayne Chelette Leon Harrison Darrel Cole Carl Cyrowski Jack Ward Bud Rossman Mary Rodgers Richard Webster Steve Hall Debra Averill Marc Glova Ron Krukowski Mike Comer Bob Smith Mark Gaworecki Jim Milford Chris Carr Richard M. White Karen Muz Tim Marriott Beth Webster Kathy Davis Tim Kimmel B.J. Griffin James Marleau Mary MacMaster Jill Bastian Bonnie Stickney Mike Mansour Connie Krajicek Dale Rodgers ' Leann Marriott Ron Elmy Judy West Mike Maloney Rickey Faermark J. Casinelli The Public Hearing was called to order at 8:15 p.m. by Supervisor Brown. The following 1994 projects have been proposed: 1. Baldwin, east side, from Eaton Gate to Sandoval. 2. Baldwin, west side, from Waldon to Leewood. 3. Lapeer (M -24), east side, from Clarkston to Scripps. 4. Joslyn Rd., west side, from Joslyn Ct. to Waldon. The following public comment was received: 1. EATON GATE TO SANDOVAL, EAST SIDE OF BALDWIN ROAD. Jill Bastian, 913 Heights Rd., speaking as a resident, said this is one area where the committee feels there is a need for a safety path and where many people in the community have requested one. One of the goals of the Safety Path Committee when she was a member was to put paths in areas where many people can use them and where there are safety concerns. She said this project will be expensive because it has to be built over the creek but it would tie in well with other projects and allow people to use the internal roads in the subdivisions. She felt the project definitely should be funded next year. Carl St. Henry, 2451 Eaton Gate, president of Keatington Homeowners Association, said he was under the impression from attending Safety Path Committee meetings about one year ago that this project was definitely planned for 1994. He said Keatington Homeowners Association strongly supported the proposal for a safety path from Eaton Gate to Sandoval. Rickey Faermark, member of the Safety Path Committee, asked Mr. St. Henry if there have been any objections from Keatington residents. Mr. St. Henry had not heard any objections. Trustee Barnes suggested that Mr. St. Henry discuss this matter at the KHA annual meeting. Mike Mansour, 2766 Canoe Circle, President of Keatington Cedars N2, said his association is in favor of this section of safety path. He said many people walk and bike in this area and the "S" curve on Baldwin is very dangerous. Mr. Mansour asked the Clerk to enter his letter into the record. (Keatington Cedars Association letter* dated November 15, 1993) Jim Marleau, 3181 Sandoval, President of Keatington Beach Corporation, said the corporation consists of eight homeowners associations that share the beach directly behind Canterbury Village. They support this section of the path and feel it would be a tremendous asset to the families trying to use the beach area. It would also complete a loop which would could be used by bikers, joggers, and rollerbladers. He commented that families in the area could use the path to reach Canterbury Village because this is one of the few sections of the path which would "go somewhere ". 1 u CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES 9 PUBLIC HEARING. PROPOSED 1994 SAFETY PATHS, NOVEMBER 15, 1993 Mr. Marleau said a couple of the associations are working with the DPW to place wood chips on a preliminary trail on Baldwin Rd. north from Lessitex to the Orion Oaks Park entrance. They would like to see if there is a demand for this section before coming to the Township about building it. Clerk English also read a letter from S.J. Kowalski, 2500 Browning asking the Board "to seriously consider the installation of one safety path on the east side of Baldwin, going north from Eaton Gate to Sandoval ". The Clerk's office received a call on November 15, 1993 from Deborah Wilson, 2551 Browning. She was in favor of building a path from Waldon to Orion Oaks County Park but she was opposed to the path crossing Baldwin Rd. She felt it should be built totally on one side of the road or the other. Ron Elmy, 2600 Baldwin Rd., asked if there was any possibility of the path being built on the west side of Baldwin Rd. anytime in the future. He said he is a homeowner on the west side of Baldwin and he is opposed to a safety path on the west side of the road. Supervisor Brown said he was unaware of any plans for a path on the west side of Baldwin north of Leewood. The proposed path is located on the east side of Baldwin from Eaton Gate to Sandoval. ' Carl Cyrowski, realtor, commented there are established subdivisions in that area and they would not be required to build any paths other than the proposed projects. Bud Schaller, 2642 S. Baldwin Rd., was in favor of the safety path on the east side of Baldwin. He is a property owner on the west side and he would be opposed if the path would cross his property. He said a path on the east side would help clean up debris and brush on the property directly across Baldwin Rd. from his property. Clerk English read a letter* dated November 14, 1993 from Thomas and Nancy Phillips in favor of the path from Eaton Gate to Sandoval which would "allow a continuous bike and walking path between the subdivisions..." A letter was also received from Mike and Sue Eves, 2755 Cedar Key. They were in favor of giving top priority to the path from Eaton Gate to Sandoval because the path "would give the children and the many adults who jog and walk and bike ride a much needed and safe route ". 2. WALDON ROAD TO LEEWOOD, WEST SIDE OF BALDWIN. ' Supervisor Brown said a petition was received from the residents in Keatington Mill Lake Subdivision asking the Township to consider a path on the west side of Baldwin from Waldon to Leewood. Kathy Davis, 2712 Greenway Circle, Keatington Mill Lake Subdivision. Ms. Davis said she started the petition for the safety path because she was very concerned about the children trying to cross the heavy traffic on Baldwin. She said Keatington Mill Lake has many young children and young teens (87 children for the 60 signatures on the petition). She pointed out that a child was hit by a car trying to cross Baldwin in that area. Clerk English read a letter* dated November 15, 1993 from the Board of Directors of the Keatington Cedars Association, (Jim Collins, President) in support of the safety path from Eaton Gate to Sandoval on Baldwin Rd. to allow "a safe way between our subdivision and Keatington to the south" and to complete the loop around Voorheis Lake. Clerk English also read a letter from S.J. Kowalski, 2500 Browning asking the Board "to seriously consider the installation of one safety path on the east side of Baldwin, going north from Eaton Gate to Sandoval ". The Clerk's office received a call on November 15, 1993 from Deborah Wilson, 2551 Browning. She was in favor of building a path from Waldon to Orion Oaks County Park but she was opposed to the path crossing Baldwin Rd. She felt it should be built totally on one side of the road or the other. Ron Elmy, 2600 Baldwin Rd., asked if there was any possibility of the path being built on the west side of Baldwin Rd. anytime in the future. He said he is a homeowner on the west side of Baldwin and he is opposed to a safety path on the west side of the road. Supervisor Brown said he was unaware of any plans for a path on the west side of Baldwin north of Leewood. The proposed path is located on the east side of Baldwin from Eaton Gate to Sandoval. ' Carl Cyrowski, realtor, commented there are established subdivisions in that area and they would not be required to build any paths other than the proposed projects. Bud Schaller, 2642 S. Baldwin Rd., was in favor of the safety path on the east side of Baldwin. He is a property owner on the west side and he would be opposed if the path would cross his property. He said a path on the east side would help clean up debris and brush on the property directly across Baldwin Rd. from his property. Clerk English read a letter* dated November 14, 1993 from Thomas and Nancy Phillips in favor of the path from Eaton Gate to Sandoval which would "allow a continuous bike and walking path between the subdivisions..." A letter was also received from Mike and Sue Eves, 2755 Cedar Key. They were in favor of giving top priority to the path from Eaton Gate to Sandoval because the path "would give the children and the many adults who jog and walk and bike ride a much needed and safe route ". 2. WALDON ROAD TO LEEWOOD, WEST SIDE OF BALDWIN. ' Supervisor Brown said a petition was received from the residents in Keatington Mill Lake Subdivision asking the Township to consider a path on the west side of Baldwin from Waldon to Leewood. Kathy Davis, 2712 Greenway Circle, Keatington Mill Lake Subdivision. Ms. Davis said she started the petition for the safety path because she was very concerned about the children trying to cross the heavy traffic on Baldwin. She said Keatington Mill Lake has many young children and young teens (87 children for the 60 signatures on the petition). She pointed out that a child was hit by a car trying to cross Baldwin in that area. 220 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES PUBLIC HEARING, PROPOSED 1994 SAFETY PATHS, NOVEMBER 15, 1993 Ms. Davis said that the path on the west side of Baldwin would allow residents to reach the intersection of Waldon and Baldwin where they could cross at the light. It would also link other paths in the area. She has received no negative responses to the project including from the homeowners whose property would be crossed. She received verbal responses from Paul Gallaher, 2776 Baldwin and Ron Krukowski, 2796 Baldwin. Ron Elmy, 2600 Baldwin Rd., was concerned that the path would eventually be extended north from Leewood on the west side of , Baldwin. He said he has very little front yard left after the road was expanded and, also, the utilities for the subdivision are in his front yard. He said there is an easement on the other side of the road and the path should be built on the east side. He was strongly opposed to extending the path north of Leewood on the west side of Baldwin. Bud Schaller, 2642 Baldwin Rd., was opposed to the path from Leewood to Baldwin. He did not feel the path should cross private property. Some residents would have the path 50 feet from their front door and this would reduce property values. Mr. Schaller did not feel it would be safe for children to cross alone at Waldon and Baldwin. Mike Maloney, 2665 Millcrest Ct., said there are many children in the subdivision and they are isolated unless they can walk along or cross Baldwin at a very dangerous point. He was in favor of the path so residents could reach the shops at Waldon and Baldwin. Ron Krukowski, 2796 Baldwin Rd., said he has spoken to his neighbors, the Gallahers, about the path being built in front of their homes. He felt they misunderstood what was originally proposed. He explained there is a natural path in front of his home now which he maintains and he feels the children have access , to the intersection. Mr. Krukowski said he understood there is a 60 foot right -of -way from the centerline of Baldwin Rd. and the Township has a right to build the path. He questioned if there is a 20 year development plan which would limit widening and improvements on Baldwin Rd. north of Waldon. Trustee Kemp said he had never heard of such a plan in his seven years on the Planning Commission. Any road widening would be under the jurisdiction of the Oakland County Road Commission. Mr. Krukowski was concerned that 30 large trees would be removed to build the path on the west side. He was also concerned about who would be responsible for maintenance in the winter including cleaning and salting. He asked if there would be adequate lighting for security at night. Mr. Krukowski also felt traffic speeds needed to be regulated on Baldwin Rd. because the children would attempt to cross before the intersection. Clerk English read a letter* received November 15, 1993 from Robert and Barbara Elenbass, 3430 Millcrest Dr., in favor of the path from Waldon to Leewood. They felt "Having a safety path connect us to the Waldon - Baldwin intersection would allow our families to cross streets at a stop light and use safety paths already constructed along Waldon Road east to Joslyn Rd." ' The following phone calls and messages were received in the Clerk's and Supervisor's offices: Jill Moore, 2650 Wellview, was in favor of the path because residents currently cannot walk or push strollers to reach the shops on Baldwin and Waldon. Elizabeth Sabo, 3421 Leewood Circle, in favor Chanda Ignatowski, 2711 Leewood Circle, in favor 1 J 1 X21 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES I PUBLIC HEARING PROPOSED 1994 SAFETY PATHS NOVEMBER 15 1993 Robin Davis, 2712 Greenway Circle, in favor Daniel Brock, 2702 Greenway Circle, in favor Mike Comer, 3305 Millcrest, corner of Baldwin and Millcrest, said he was in favor of the path but he had the same concerns as Mr. Krukowski particularly regarding maintenance and controls on traffic. Terry Kimmel, 3337 Millcrest, was in favor of the path. She was concerned about the eatety at her family when they attempt to walk or bike in the area. Debra Averill, 3361 Millcrest, was in favor of the path because her family enjoys biking and walking. She said it is very dangerous trying to cross Baldwin with three small children. Judy West, 2723 Greenway Circle, was in favor of a safety path for the children. Ron Elmy recommended putting the path on the east side where there is a utility easement and putting an overhead walkway across Baldwin. 4. CLARKSTON ROAD TO SCRIPPS ROAD, EAST SIDE OF LAPEER (M -24). Jill Bastian, 913 Heights Rd., said this project has been requested because of the high speed traffic on M -24. She did not want to see public funds used to build the path at this time. As businesses go in as far down as Gollings, they will be required to put in paths. She said several will be built in the next year. After those sections are built the Township could look at what needs to be finished. She was not in favor of going to the school complex because there are some sections which would be very expensive and she did not want to encourage more people to walk along M -24. However, there are businesses and services which people could access if the path was built. 5. MILLER ROAD, CONKLIN TO MC GREGOR (EXTEND SIDEWALKS ON BOTH SIDES) Supervisor Brown said the project is on the east side of Conklin where Miller is a gravel road. Mary Rodgers, 1205 Miller Road, northeast corner of Miller and Conklin, presented the Board with a petition* signed by 16 of 19 homeowners on both sides of Miller Rd. between Conklin and McGregor. They strongly objected to extending the sidewalks on each side of the road and they asked the Board to permanently table the proposal. They do not feel the sidewalks are needed and they would serve no purpose. Miller is a gravel road in this area and they want the area to stay somewhat rural. They questioned who was trying to get this project started. Mrs. Rodgers also commented that a majority of the children in the area do not use the path that exists on Conklin. Tim Marriott, 1305 Miller Rd., was not in favor of the path. He said the other proposed projects are for high speed traffic areas. Their neighborhood is a 25 mph zone and the road stops at McGregor. Jill Bastian, 913 Heights Rd., said the project was suggested to assist the residents but no one will force the project to proceedi if the residents do not want it. Richard Webster, 1132 S. Long Lake Blvd., supported the residents) who did not want the path because they are the ones who will be impacted. He suggested that a path be built on Conklin Rd. which has higher traffic speeds. LZ2. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES PUBLIC HEARING: PROPOSED 1994 SAFETY PATHS, NOVEMBER 15, 1993 Lee Marriott, 1305 Miller Rd., commented that residents have access to Bald Mountain Recreation Area if they want to take walks. A resident suggested using funds for traffic enforcement in the tf ,atingtnn 5H.1; ! ?,31!� lllrl8i_ ;!'l ±lflliirlttrj the fi.Hids could not be used for that purpose. Connie Krajicek, 1111 Leidich, said she moved to the area for the , rural atmosphere and objected to safety paths. The Public Hearing was declared held at 8:50 p.m. Marie E. EnglisYy� Clerk Charter Townsh' of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* REGULAR MEETING, MONDAY, DECEMBER 6, 1993 The Charter Township of Orion Board of Trustees held a Regular Meeting, Monday, December 6, 1993 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. A Public Hearing regarding reprogramming 1992 -93 and 1993 -94 CDBG Funds was advertised to begin at 8:00 ' p.m. BOARD MEMBERS PRESENT: Brown Trustee Allen Barnes Supervisor Doug Clerk Marie English Trustee Burke Cueny Treasurer Suzanne Hall Trustee Peter Kemp Trustee James Skylis OTHERS: Stan Sweet Jerry Letcher Dr. W. Hostetter William Barnard John Attwell Darrel Cole Mark Vagi Bill McCliment Mark Perkoski Beth Cagle- Webster Carl Cyrowski Chris Kepich Fred Welty Dale Romeo Marie Delpier Joan Buser Marian Nicholas Rick Nicholas Bonnie Stickney Tom Carver Richard M. White Jill Bastian Mary Bowman Thomas Berger Jim Milford Marc Glova Karen Muz Robert Denoyer Dean Brumm Robert Edwards Jeff Eckel Jeri Eckel Sandy Greenberg The meeting was called to order at 7:00 p.m. by I Supervisor Brown. The Pledge of Allegiance was led by Trustee Skylls and the Invocation was given by Dr. Wally Hostetter, Faith Evangelical Presbyterian Church. Clerk English called the roll. All »embers were present. Supervisor Brown introduced Joan Buser, Oakland Township Supervisor. 223 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, DECEMBER 6. 1993 A. PUBLIC HEARING RE: 1994 BUDGET. Moved by Kemp, supported by Hall to approve the minutes of the Public Hearing regarding the 1994 Budget held November 10, 1993 as submitted. AYES: Barnes, Cueny, Kemp, Skylis, Hall, English, Brown. NAYS: None. MOTION CARRIED 7 -0. B. REGULAR MEETING, NOVEMBER 15, 1993. Moved by Hall, supported by Kemp to approve the minutes of the Regular Meeting held Monday, November 15, 1993 as submitted. AYES: Brown, English, Hall, Skylis, Kemp, Cueny, Barnes. NAYS: None. MOTION CARRIED 7 -0. C. CDBG PUBLIC HEARING, NOVEMBER 15, 1993. Moved by Kemp, supported by Barnes to approve the minutes of the Public Hearing regarding 1994 -95 Community Development Block Grant Funds held Monday, November 15, 1993 as submitted. AYES: Skylis, Kemp, Hall, Cueny, English, Barnes, Brown. NAYS: None. MOTION CARRIED 7 -0. D. PROPOSED 1994 SAFETY PATH PROJECTS PUBLIC HEARING. Moved by Cueny, supported by Kemp to approve the minutes of the Public Hearing regarding Proposed 1994 Safety Path Projects as submitted. AYES: English, Hall, Barnes, Kemp, Brown, Skylis, Cueny. NAYS: None. MOTION CARRIED 7 -0. The attorney bill was reduced to $6130.25 for Orion Township's share of work on the contract with Oakland County Sheriff's Department. There was brief discussion on other attorney bills and the bill for ' printing from Lake Orion Schools. There was also discussion on the bill from Bendzinski & Co. for $7983.75 for past services provided on water and sewer projects and one lawsuit. Trustee Cueny objected to paying the $2,118.75 charges for meetings with the Detroit Water Board to discuss annual rates. He felt those charges should have been made on an annual basis. Moved by Barnes, supported by Skylis to approve the bills for payment as amended in the amount of $79,141.89. AYES: Barnes, Kemp, Skylis, Hall, English, Brown. NAYS: Cueny. MOTION CARRIED 6 -1. 6 BRIEF PUBLIC COMMENT Mary Webster, 1132 Long Lake, addressed the Board regarding ordinance violations on her property and the actions of the Supervisor and the Ordinance Officer. She asked the Board not to approve the proposed Dangerous Building Ordinance. Stan Sweet, 20 Front St., also objected to the proposed Dangerous Building Ordinance. 7 APPROVAL OF AGENDA Moved by Barnes, supported by English to approve the agenda as amended: Remove Items H1, Annual MTA Con Appointment to Recycling Committee Agenda and place them under 10 - New and Item H. AYES: Cueny, Kemp, Skylis, Hall, Brown. NAYS: None. MOTION CARRIED 7 Eerence, and H2, from the Consent Business as Item G Barnes, English, -0. 224 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING MONDAY, DECEMBER 6, 1993 A. PREVIOUS AGENDA ITEMS. 1. PLANNING COMMISSION APPOINTMENT. Supervisor Brown recommended the appointment of Kathy Frantz to the Planning Commission. Moved by English, supported by Skylis to approve the recommendation of the Supervisor and appoint Kathy Frantz to the Planning Commission for a three year term to expire October 31, 1996. AYES: ' English, Skylis, Brown. NAYS: Kemp, Barnes, Hall, Cueny. MOTION FAILED FOR LACK OF SUFFICIENT MAJORITY 3- 4. 2. ADOPT 1994 BUDGET. Supervisor Brown also outlined several revenue figures in the proposed 1994 Budget which he felt are underestimated. Board members received projected figures* showing a 1993 Fund Balance of $1.082 million. Board members were concerned about adopting a budget based on revenues figures which were received at the meeting. They also felt that more cuts needed to be made particularly in the Oakland County Sheriff's contract, employee expenses and community services. There was agreement to set this matter over to the December 20, 1993 Regular Meeting and to hold a 1994 Budget Worksession on December 16, 1993 at 7:00 p.m. Trustee Kemp asked that an agenda be put together for the meeting. Discussion followed on holding another public hearing on the proposed budget. B. CLERK'S OFFICE - RESOLUTION REGARDING 1994 TOWNSHIP BOARD MEETING DATES. Moved by English, supported by Cueny to adopt the resolution* setting the ' following 1994 dates for regularly scheduled Township Board meetings which will begin at 7:00 p.m. and will be held at the Orion Township Hall, 2525 Joslyn Rd.: January 3, 18 (Tuesday) July 5 (Tuesday), 18 February 7, 22 (Tuesday) August 1, 15 March 7, 21 September 6 (Tuesday), 19 April 4, 18 October 3, 21 May 2, 16 November 7, 21 June 6, 20 December 5, 19 AYES: Barnes, Skylis, Kemp, Cueny, Hall, English, Brown. NAYS: None. MOTION CARRIED 7 -0. C. FIRE DEPARTMENT MATTERS. 1. REQUEST TO PURCHASE RADIOS (memo* dated November 29, 1993 from Jeff Key, Fire Chief) Moved by Barnes, supported by English to authorize purchase of (5) Motorola "Visar" portable radios from Portable Communications, Inc. including battery chargers, extra batteries, and the three year manufacturers warranty at a total cost not to exceed $4095. AYES: Hall, Cueny, Kemp, Skylis, Brown, English, Barnes. NAYS: None. ' MOTION CARRIED 7 -0. 2. REQUEST TO PURCHASE GENERATORS (memo* dated November 30, 1993 from Jeff Key, Fire Chief) Chief Key said he will attempt to find the generators at a sale price. Moved by Skylis, supported by Barnes to authorize the purchase of three Generac 3500XL portable generators at a cost not to exceed $2250. AYES: Cueny, Kemp, Hall, English, Brown, Barnes, Skylis. NAYS: None. MOTION CARRIED 7 -0. 225 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY DECEMBER 6 1993 3. OAKLAND TOWNSHIP REQUEST TO CHANGE BOUNDARIES FOR The wording of Section 11 would be changed to read as follows: The area within Oakland Township to be serviced by the Orion Fire Department shall include the following: All property in Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 17, 18, 19, 20, 29, 30 and 31. All property in Section 13 fronting on Parks Rd. The North 1/2 of Section 15 except property fronting on Rochester Road. The North 1/2 of Section 16 and all property fronting on Lake George Road. All property in Section 21 fronting on Lake George Rd. and Pine Valley Court, including 3731 Orion Rd. The Western 1/2 of Section 32 including all property fronting on Brewster Road. Moved by English, supported by Skylis to approve the request by Oakland Township to change the boundaries of the fire protection area to be served by the Orion Township Fire Department and authorize the Supervisor and Clerk to sign the Orion /Oakland Fire Protection Agreement - Contract Amendment as presented with the contract to commence upon the starting date of the Oakland Township /City of Rochester Fire Protection Agreement. AYES: Kemp, Cueny, Barnes, Hall, Brown, Skylis, English. NAYS: None. MOTION CARRIED 7 -0. FIRE PROTECTION. Fire Chief Jeff Key and Joan Buser, Oakland Township Supervisor, answered questions from the Board regarding a proposed revision to the boundary lines of the Fire Protection Contract (letter* dated ' November 12, 1993 from Ms. Buser). The change was necessitated when Rochester Hills terminated its contract with Oakland Township effective January 1, 1994. Oakland Township has contracted with the City of Rochester for services previously covered by the City of Rochester Hills but they feel the Orion Township Fire Department can respond faster to calls in the Adams - Silverbell area. Fire Chief Gray of the City of Rochester has approved the proposal. Ms. Buser said any additional costs to Orion for dispatch service would be paid by Oakland Township. The wording of Section 11 would be changed to read as follows: The area within Oakland Township to be serviced by the Orion Fire Department shall include the following: All property in Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 17, 18, 19, 20, 29, 30 and 31. All property in Section 13 fronting on Parks Rd. The North 1/2 of Section 15 except property fronting on Rochester Road. The North 1/2 of Section 16 and all property fronting on Lake George Road. All property in Section 21 fronting on Lake George Rd. and Pine Valley Court, including 3731 Orion Rd. The Western 1/2 of Section 32 including all property fronting on Brewster Road. Moved by English, supported by Skylis to approve the request by Oakland Township to change the boundaries of the fire protection area to be served by the Orion Township Fire Department and authorize the Supervisor and Clerk to sign the Orion /Oakland Fire Protection Agreement - Contract Amendment as presented with the contract to commence upon the starting date of the Oakland Township /City of Rochester Fire Protection Agreement. AYES: Kemp, Cueny, Barnes, Hall, Brown, Skylis, English. NAYS: None. MOTION CARRIED 7 -0. REPROGRAMMING OF 1992 -93 AND 1993 -94 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. The Regular Meeting temporarily recessed at 8:10 p.m. to hold a Public Hearing regarding the reprogramming of 1992 -93 and ' 1993 -94 CDBG funds. The Public Hearing was declared held and the Regular Meeting resumed at 8:16 p.m. There was brief discussion on using funds for smoke detectors at the Senior Center. Chief Key said "single station" smoke detectors would not be effective in a building that size and might give a false sense of security. He recommended installing a monitored alarm system. Trustee Barnes wanted to look into the cost of an alarm system. Jill Bastian, a member of the CDBG committee, volunteered to get quotes. Moved by English, supported by Skylis to reprogram 1992 -93 and 1993 -94 Community Development Block Grant Funds as presented: 226 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. MONDAY, DECEMBER 6. 1993 REPROGRAMMING CDBG FUNDS, cont... 1. 1992 -93 Public Services (flyers, brochures, phone calls, etc.) $2000. Recommendation to reprogram these funds into the Senior Center Renovation project to help cover paving project costs. 2. 1993 -94 Public Services (F.I.S.H. /Food Bank) $2450. Recommendation to program these funds Into a Public Services item to help provide equipment for the handicapped at the Library. 3. 1993 -94 Public Services (Home Chore) $5000. Recommendation to leave $993 in Home Chore to help cover extension of the 1992 -93 contract and to reprogram $4007 into a Public Services item to help provide equipment for the handicapped at the Library. and authorize the Supervisor to file the necessary application with Oakland County. AYES: Cueny, Hall, Brown, English, Skylis, Barnes, Kemp. NAYS: None. MOTION CARRIED 7 -0. D. PARKS AND RECREATION MATTERS. 1. SAFETY PATH COMMITTEE REPORT - REQUEST TO INSTALL SAFETY PATH AT ROLLING MEADOWS (memo* dated November 22, 1993 from Mark Vagi, Parks and Recreation Director) At its meeting of November 11, 1993, the Safety Path Committee recommended that Rolling Meadows be requested to install its entire safety path next year. Moved by Barnes, supported by English to authorize sending a letter to Pulte Homes requesting installation of the entire safety path for the Rolling Meadows Subdivision. AYES: Kemp, Cueny, English, Hall, Barnes, Skylis, Brown. NAYS: None. MOTION CARRIED 7 -0. 2. LETTER OF RESIGNATION - PART -TIME SENIOR VAN DRIVER. Moved by English, supported by Kemp to accept the letter* of resignation dated November 28, 1993 from Trudy Boudell with regrets and to send a letter of appreciation for her service to the Township. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. E. POLICE MATTERS - REQUEST Lt. Bruce Naile, OCSD, Board regarding the purc from Decatur Electronics, will provide the Township old units will be kept as TO PURCHASE RADAR EQUIPMENT. answered questions from the lase of an updated radar unit Inc. He said Oakland County with a matching unit and the backup. Moved by Cueny, supported by Hall to approve the purchase of a Decatur Genesis Radar unit at a cost of $1510 without options (as presented in the quote dated* November 17, 1993 from Decatur Electronics). AYES: Skylis, Cueny, Kemp, Hall, Barnes, English, Brown. NAYS: None. MOTION CARRIED 7 -0. F. ASSESSING DEPARTMENT MATTER - STAFFING REQUEST. John Attwell, Assessor, answered questions from the Board regarding his request to post and /or advertise immediately for an Appraiser I due to the resignation of Beverly Shaver who occupied the Appraiser II position. He will look at reorganizing the positions in his office based on the response to the advertisement. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES ml2T?s7 REGULAR MEETING. MONDAY DECEMBER 6, 199' STAFFING REQUEST - ASSESSING. cont Moved by English, supported by Kemp to advertise for the position of Appraiser I with the wage to be deter- mined at a later date based on experience and hours worked. AYES: Skylis, Barnes, Cueny, Hall, Barnes, English, Kemp. NAYS: None. MOTION CARRIED 7 -0. G. ORDINANCE ADOPTION. 1. PROPVEST REZONING REQUEST. PC- 93 -32, a request to rezone 104 acres from SE (Suburban Estates) and REC -2 (Recreation -2) to MHP (Mobile Home Park), property located on the north side of Scripps Rd., west of M -24, Sidwell numbers 09 -15 -400 -013, 09 -15 -400 -017, and 09- 14 - 00 -010, Clerk English read a memo* November 1, 1993 from the Orion Township Planning Commission recommending denial of the Propvest rezoning request (7 -0 vote). Marc Glova, representing Propvest, made a brief presentation in support of the request. Moved by Hall, supported by Cueny to concur with the Planning Commission recommendation and deny PC- 93 -32, Propvest Rezoning Request, on the basis of the items outlined in the Planning Commission memo* dated November 1, 1993 as follows: 1. It would require the installation of utilities that are not planned. ' 2. It does not meet the requirements of the Township zoning ordinance in regards to direct access to a major thoroughfare. The carrying capacity of Scripps Rd., which is a gravel road, would not be adequate. 3. It would generate a phenomenal amount of additional traffic. 4. It does not conform with the Master Plan. 5. It would have a negative effect on the natural features of the Township and Bald Mountain State Park. 6. The petitioner has not shown that it cannot be used as presently zoned. AYES: English, Brown, Cueny, Kemp, Skylis, Barnes, Hall. NAYS: None. MOTION CARRIED 7 -0. 2. DANGEROUS BUILDING ORDINANCE. Supervisor Brown said the proposed ordinance was turned down at the October 18, 1993 meeting due to the concerns of the Board and residents. However, in the opinion of the Township Attorney, the current Ordinance No. 84 regarding unsafe structures may no longer be enforceable because it does not comply with state law. He recommended adoption of the proposed ordinance which was advertised for adoption at this meeting. Clerk English said there has been no official notification from the State regarding the changes in the law and questioned if the Township must adopt the ordinance. Mr. Patterson said if the ordinance did not comply with state law, the Township could be subject to challenge in Circuit Court on dangerous buildings cases. Discussion followed. 228 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING_ MONDAY DECEMBER 6 1993 DANGEROUS BUILDING ORDINANCE, cont... The following residents addressed the Board in objection to the ordinance as proposed: Stan Sweet, 20 Front St. Bonnie Stickney, 731 E. Clarkston Rd. Mary Bowman, 129 Detroit Blvd. Robert Edwards, 319 Casemer The residents were particularly concerned about the requirement to notify the Sheriff's Department if a home is vacant for more than 180 days, the definitions of unsafe structures, the short amount of time required to complete the process to condemn a building, and the power given to local officials to enter buildings. Tom Berger, Building Official, answered questions from the Board regarding procedures which are followed when complaints are received about dangerous or dilapidated buildings. He generally agreed with the provisions of the proposed ordinance but he had concerns about the state mandated provision to report to the Sheriff's Department if a home will be vacant for 180 days. He also explained that the proposed ordinance allows faster processing of dangerous building complaints if necessary. Mr. Berger said the Township has always been willing to work with residents to resolve problems. Clerk English had concerns about the power given to local officials to determine what is a dangerous building. Other Board members felt there were protections for residents built into the ordinance. Trustee Skylis was concerned that this law was mandated by the state when dangerous buildings are a local problem. Trustee Cueny said the Township could face liability if it does not deal with dangerous buildings. Moved by Cueny, supported by Hall to adopt the Dangerous Building Ordinance as published. AYES: Cueny, Hall, Barnes, Kemp, Brown. NAYS: Skylis, English. MOTION CARRIED 5 -2. The Township Board temporarily recessed from 9:30 -9:35 p.m. Trustee Cueny asked to have his Township mail forwarded so he would receive it in a more timely manner. He also questioned the status of the proposal from Oakland County for dispatch. He also asked who would attend a meeting in Oxford regarding dispatch service on Thursday. He felt the Board was not being kept informed by the Supervisor. Discussion followed. Treasurer Hall informed the Board that Shirley Dingman, Deputy Treasurer, is pursuing her certification and is serving on the Michigan Municipal Treasurer's Association Education Committee. She also announced a January conference dealing with analyzing financial statements was available for interested Board members. 10. NEW BUSINESS A. REQUEST FOR 25 MPH SPEED LIMIT ON KERN ROAD. A petition* was received from four Kern Rd. residents requesting that the Township Board support establishing a 25 mph speed limit on Kern Rd. between Orion Road and Clarkston Rd. This area currently has no posted speed. C 229 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, DECEMBER 6, 1993 KERN RD. SPEED LIMIT, cont... Dale Romeo, 849 Kern Rd., explained the 25 mph speed limit is needed for safety reasons (letter* dated November 16, 1993). Moved by Skylis, supported by English to authorize the Supervisor to correspond with the Oakland County Road Commission indicating the Township's support for the ' request from residents to establish a 25 mph speed limit on Kern Rd. AYES: Barnes, Cueny, Kemp, Hall, Brown, English, Skylis. NAYS: None. MOTION CARRIED 7 -0. B. RESIDENT REQUEST TO ADDRESS BOARD RE: FALSELY WRITTEN CITATION. Thomas D. Carver, 475 E. Clarkston Rd., addressed the Board regarding a citation he received on November 11, 1993 from Oakland County Sheriff's Depart- ment for discharging a firearm in a populated area. Tim Patterson, Township Attorney, said this matter should be addressed in Circuit Court. Brief discussion followed on the Township "No Hunting Ordinance ". C. FINAL PLAT, PAINT CREEK RIDGE t2. Supervisor Brown referred to a letter from Orchard, Hiltz and McCliment dated November 22, 1993 regarding their review of Final Plat for Paint Creek Ridge Subdivision 42. John Weller, representing Paint Creek Ridge #2, was present to answer questions from the Board. Trustee Barnes referred to February, March, and June 1987 Planning Commission minutes regarding the width of the road right -of -way on Kern Rd. He suggested a making a 120' right -of -way along Kern Rd. on the current plat as previously agreed to by the developer. He felt his would protect the trees when the safety path is built. Clerk English commented the right -of- way is under the jurisdiction of the Road Commission. ----------------------------------------------------------------- Moved by English, supported by Kemp to extend the meeting 1/2 hour AYES: Cueny, Barnes, Hall, Brown, Kemp, English. NAYS: None. ABSENT: Skylis (temporarily). MOTION CARRIED 6 -1. There was further discussion regarding the safety path. Mr. Weller said he would be glad to meet with Township officials at the site to discuss where the path should go. Discussion followed on placing the path between the trees and the lot lines in the 20" utility easement. Moved by English, supported by Kemp to approve Final Plat for Paint Creek Ridge Subdivision #2 with the following stipulations: a letter of credit or cash in the amount of $2735 shall be established with the Township for the installation of survey monuments and lot irons; the safety path along the subdivision will be built within the 20 foot easement between the lot line and the utility poles and no trees will be removed; and a bond for the completion of the safety ' path shall be posted with the Township. AYES: Kemp, Barnes, Cueny, Skylis, Hall, English, Brown. NAYS: MOTION CARRIED 7 -0. D. REQUEST FOR SDM LICENSE, BRIMUD, INC., LAPEER RD. Bill Barnard, Jr. answered questions from the Board regar- ding the request from Brimud, Inc. (William E. Barnard and William E. Barnard, Jr., stockholders) for a new Specially Designated Merchant (SDM) license for a party store which is to be constructed at Hiram and M -24, north of Greenshield. No building currently exists on the site. Board members were concerned about granting the request when no building exists on the site. They directed Mr. Barnard to submit plans to the Planning Commission. 230 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING MONDAY DECEMBER 6 1993 E. RECOMMENDATION FROM ENGINEERING PROPOSAL COMMITTEE. Upon the recommendation of the Review Committee consisting of Don Bartus, Peter Kemp, Ron Kaliszewski, and Richard White, a motion was made by Skylis, supported by English to concur with the Committee and to retain Orchard, Hiltz and McCliment to provide engineering services to the Township for 1999 and 1995. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. Richard White, , Director of DPW, commended the committee members for their work on the proposal review. F. REQUEST FROM TRUSTEE CUENY FOR REPORT FROM BUILDING COMMITTEE. 1. SOIL BORING QUOTES. Supervisor Brown reported that three geotechnical engineering firms, Soils and Materials Engineers, Inc. CTI and Associates, and NTH Consultants, LTD. will be submitting proposals for conducting a Phase II environmental study on the old Township hall site. The proposals will be submitted by December 10, 1993 for consideration at the December 20, 1993 meeting. 2. SELECT ARCHITECT. There was brief discussion on setting a committee to review architect proposals. G. ANNUAL MTA CONFERENCE. Moved by Barnes, supported by Cueny to authorize any Board Member or Department Head to attend the Michigan Townships Association Annual Convention scheduled for January 18 -21, 1999 at the Westin Hotel in Detroit and to pay necessary fees and expenses including two nights lodging. AYES: Kemp, ' Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. H. APPOINTMENT TO RECYCLING COMMITTEE. Upon the recommendation of the Recycling Committee, a motion was made by Skylis, supported by Kemp to appoint Charlotte Kelley, 1357 Heights Rd., to the Recycling Committee. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. Bonnie Stickney, 731 E. Clarkston Rd., informed the Board that two more trees were removed at E. Clarkston and Parkview and two additional oak trees have been marked. She asked the Board to see that no more trees are removed. Ms. Stickney suggested that the Board come to a consensus on the items to be discussed at the worksession. She also suggested budgeting for a health official to enforce the Dangerous Building Ordinance. Moved by Skylis, supported by Kemp to adjourn the meeting. AYES: Cueny, Barnes, Hall, Brown, English, I Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. The meeting adjourned at 11:10 p.m. Marie E. En ish, Clerk Charter Township of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. 231 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* PUBLIC HEARING, MONDAY, DECEMBER 6, 1993 REPROGRAMMING OF 1992 -93 AND 1993 -94 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The Charter Township of Orion Board of Trustees held a Public Hearing regarding the Reprogramming of 1992 -93 and 1993 -94 Community Development Block Grant Funds at 8:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Trustee Allen Barnes Supervisor Doug Brown Trustee Burke Cueny Clerk Marie English Trustee Peter Kemp Treasurer Suzanne Hall Trustee James Skylis F i OTHERS: Stan Sweet William Barnard Mark Vagi Beth Cagle- Webster Fred Welty Joan Buser Bonnie Stickney Jill Bastian Jim Milford Robert Denoyer Jeff Eckel Jerry Letcher John Attwell Bill McCliment Carl Cyrowski Dale Romeo Marian Nicholas Chris Kepich Mary Bowman Marc Glova Dean Brumm Jeri Eckel Dr. W. Hostetter Darrel Cole Mark Perkoski Karen Muz Marie Delpier Rick Nicholas Richard M. White Thomas Berger Tom Carver Robert Edwards Sandy Greenberg The Public Hearing was called to order at 8:10 p.m. by Supervisor Brown. He read his memo* dated November 9, 1993 regarding his recommendation for reprogramming unexpended funds from previous program years as follows: 1. 1992 -93 Public Services (flyers, brochures, phone calls, etc.) $2000. Recommendation to reprogram these funds into the Senior Center Renovation project to help cover paving project costs. 2. 1993 -94 Public Services (F.I.S.H. /Food Bank) $2450. Recommendation to program these funds into a Public Services item to help provide equipment for the handicapped at the Library. 3. 1993 -94 Public Services (Home Chore) $5000. Recommendation to leave $993 in Home Chore to help cover extension of the 1992 -93 contract and to reprogram $4007 into a Public Services item to help provide equipment for the handicapped at the Library. The following public comments were received: Sandy Greenberg, 244 Goldengate, asked the Board to consider spending Senior Center renovation funds on smoke detectors for the Senior Center. She contacted several neighboring communities and they have smoke detectors and burglar alarms in their Senior Centers. However, the Orion Senior Center does not have smoke detectors or alarms because there is no ordinance. She said that many of the Seniors use walkers and wheelchairs and they need as much warning as possible to get out of the building in case of fire. Ms. Greenberg felt that smoke detectors could help save the lives of seniors and volunteers who use the building. Mary Bowman, 124 Detroit Blvd., asked the Board to pass an ordinance requiring smoke detectors. The Public Hearing was declared held at 8:16 p.m. Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. Marie E. EngY sh, Clerk Charter Town hip of Orion 232 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* SPECIAL MEETING, THURSDAY, DECEMBER 16, 1993 WORK SESSION ON 1994 BUDGET The Charter Township Special Meeting, December Township Hall, 2525 Joslyn BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall OTHERS: Roz Mermell Tom Nash Mary Jo Sights Joan Bresett Brian Lareau Jill Bastian The meeting was Clerk English Treasurer Hall of Orion Board of Trustees held a 16, 1993 at 7:00 p.m. at the Orion Road, Lake Orion, Michigan. Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Lance Mermell Mac Deuparo Darrel Cole John Attwell John Thomerson Richard M. White Trustee Jim Skylis Ralph Nelson Bonnie Claycomb Ruth Ann McCallum Patti Lareau Ellen Thomerson Bree George called to order at 7:08 p.m. by Supervisor Brown. called the roll. All members were present except and Trustee Skylis. PAINT CREEK RIDGE SUBDIVISION NO. 2 FINAL PLAT - CLARIFICATION OF LOCATION OF SAFETY PATH. Previous approval of Final Plat for Paint Creek Ridge Subdivision #2 specified placing the safety path within the 20' utility easement between the lot line and the trees along the subdivision. Clerk English pointed out that Township Ordinance No. 97 does not permit the safety path to be constructed in the utility easement. Moved by English, supported by Kemp to approve Final Plat for Paint Creek Ridge #2 with the placement of the safety path in the right -of -way as outlined in Section 6E of Ordinance No. 97 with the understanding that no trees will be removed and the path will be placed between the lot line and the trees; and with placement of a cash bond in the amount of $28,400 to be held by the Township until the paths are installed and inspected. AYES: Cueny, Barnes, Kemp, English, Brown. NAYS:None. ABSENT:Hall, Skylis. MOTION CARRIED 5 -0. BUDGET WORK SESSION A work session was conducted on the 1994 Budget. Supervisor Brown put together figures* showing 1994 revenue of $3,160,911 and 1994 expenses budgeted at $2,671,699 leaving a fund balance of $489,212. A 1993 fund balance of $333,644 is projected making a combined fund balance for 1993 and 1994 of $822,856. There was discussion on putting a line item in the budget for revenue from the sale of the old Township Hall. It was agreed to make a budget adjustment if and when the building was sold. There was also brief discussion on expansion of the Township Hall. Trustee Cueny did not feel the expansion of the Township Hall should be contingent upon sale of the Community Center. Trustee Barnes felt the Board could look at using carry forward funds for the expansion. No further action was proposed at this time. REVENUES No changes were made in the revenue figures on Page A of the proposed budget. EXPENDITURES Clerk's Office 101 -215 703 Non - Supervisory Salaries Trustee Cueny wanted all departments to return to a 35 hour work week with exceptions to be made by the Board. He felt a 40 hour week might be justified for the C1 t 233 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES WORK SESSION ON THE 1994 BUDGET, DECEMBER 16, 1993 703 Non- Supervisory Salaries. coat. Assessing Department and the ' t -lding Department. He proposed reducing the Clerk's office non - supervisory salaries from 4JI041000 to $107,000 based on a 35 hour work week. Trustee Barnes concurred. He said the reduction in hours should be in all departments with any exceptions to be handled by the Board. Clerk English said her staff requires forty hours per week to handle the statutory responsibilities of the Clerk's office. General Activities 101 -248 804 Planning Consultant - should be $15,000. 807 Data Processing - should be $10,000. 965.1 Contribution - Capital Improvement - leave at $50,000 with possible amendments in the future for building expansion. 965.2 Contribution - Police Fund - $425,000. Trustee Kemp said the Police Fund should receive no contribution from the General Fund. Trustee Cueny said he would not approve the budget showing a $425,000 contribution. He also recommended cutting one deputy. There was discussion on placing this matter on the ballot so that voters could decide the level of service. The Board agreed to leave this item as is and discuss a ballot proposal at the next regular meeting. 977 Capital Outlay - Equipment. $90,750 includes costs for a printer, phone system and AS /40 program language. Trustee Barnes wanted to look at alternatives for upgrading equipment next year. Buildings and Grounds 101 -265 930 Repair /Maint. - Township Hall. Reduced to $3000. Line item adjustments will be made when necessary for carpet in the lower level and roof repair. The repairs may be included in the building expansion. There was brief discussion on controlling building temperatures to save on heating and cooling costs. Building Department 101 -371 703 Trustee Cueny suggested that the Building Department return) to a 35 hour week which would reduce non - supervisory salaries by $28,500. Community Services 101 -975 Supervisor Brown pointed out that Community Services were cut 10% in each of the last two years and he said the proposed funding should be maintained. Trustee Cueny and Trustee Kemp felt contributions to Community Services are illegal. Clerk English disagreed. She said the Township contracts with these groups to provide services for the Township. Trustee Kemp questioned if the contracts are valid and said there are no specifics in the contracts regarding what the Township is receiving. Representatives of the following organizations made presentations asking the Board to continue to support Community Services: Judge Ralph Nelson, Youth Assistance Mary Jo Sights, Youth Assistance Roz and Lance Mermell, Community School Bree George, student, Community School Ellen Thomerson, Boys 5 Girls Club Ruth Ann McCallum, Youth Assistance Bonnie Claycomb, FISH Joan Bresett, Youth Assistance Advisory Council (LOFA) Advisory Council Judge Nelson and Mr. Mermell suggested referring the contracts to the Township Attorney regarding their legality. Roz Mermell also commented that the $1215 line item for Youth -to -Youth can be deleted. 234 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES WORK SESSION ON THE 1994 BUDGET, DECEMBER 16, 1993 Community Services gone.._, Trustee Cueny said he woulr.-,. pport Youth Assistance, Orion Area Community School Advisor,, '-uncil (LOFA), Lake Orion Parents High School, Boys and Girls Club, and Youth -to -Youth if the donations to these organizations are legal. Trustee Barnes felt no reduction should be made in the Community Services budget if the contracts are legal and the organizations are held accountable for services provided. He suggested Including youth related funds in the Parks and Recreation Budget under the supervision of Director Mark Vagi. Supervisor Brown said he would raise the figures for Community Services by 10% for each line item and delete the line item for Youth -to- Youth. Trustee Kemp suggested deleting the Swim Program and Trustee Cueny suggested deleting the Lion's Club. Clerk English said she would research the Attorney opinion on whether the contributions are legal and report back at the December 20 meeting. Trustee Barnes said no contributions should be made before it is determined if the contracts are legal. WATER AND SEWER FUND Richard White, Director of Public Works, presented the Board with revised budget figures* for the Water and Sewer Fund. Water /Sewer Revenues 592 -000 Mr. White estimated total 1993 revenues at $4,985,165. He also said the Village of Lake Orion will pay the Township $900,000 in 1994 under the agreement to provide Detroit water. This will increase revenue from Water Capital Charges (969.1) to $1,076,000. Mr. White proposed eliminating the sewer usage charge to customers for the first quarter of 1994 based on increased revenues from water and sewer taps and new construction. Clerk English asked if customers were being overcharged for usage. Discussion followed. General Expenditures 592 -248 977 Capital Outlay - Equipment $100,000 proposed for possible purchase of a new metering system for lift stations and purchase of state mandated safety equipment. After further discussion, no changes were made in the Water and Sewer Fund Budget as presented by Mr. White. It will be presented for adoption at the December 20, 1993 Regular meeting. Moved by Kemp, supported by Cueny to adjourn the meeting. AYES: Barnes, Brown, Kemp, Cueny, English. NAYS: None. ABSENT: Hall, Skylis. MOTION CARRIED 5 -0. The meeting adjourned at 9:15 p.m. Marie E. English, Clerk Charter Town ip of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. L J CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES 2 3 5 * M I N U T E S* REGULAR MEETING, MONDAY, DECEMBER 20, 1993 The Charter Township of Orion Board of Trustees held a Regular Meeting, Monday, December 20, 1993 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. 7up- rKibi32 Doug Brown Clerk Marie English Treasurer Suzanne Hall OTHERS: Rosalie Ward Mark Vagi Jill Bastian Jim Milford Parvin Lee Jerry Letcher Leon Harrison Tom Berger Sandy Greenberg Susan Galeczka Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Trustee James Skylis John Attwell Mark Perkoski Richard M. White Bud Rossman The meeting was called to order at 7:00 p.m. by Supervisor Brown. The Pledge of Allegiance was led by Supervisor Brown and the Invocation was given by Pastor Brett Ray, Bay Pointe Community Church. Clerk English called the roll. All members were present except Trustee Barnes (arrived 7:09 p.m.), Trustee Cueny, (7:05 p.m.) and Trustee Skylis (7:20 p.m.). 9. APPROVAL OF MINUTES A. REGULAR MEETING, DECEMBER 6, 1993. Moved by Kemp, supported by Hall to approve the minutes of the Regular Meeting held Monday, December 6, 1993 as submitted. AYES: Barnes, Hall, English, Brown, Kemp. NAYS: None. ABSENT: Skylis, Cueny. MOTION CARRIED 5 -0. B. PUBLIC HEARING, DECEMBER 6, 1993. supported by Hall to approve the minut Hearing held December 6, 1993 Reprogramming of 1992 -93 and 1993 -99 Monday, December 6, 1993 as submitted. Brown, Hall, Kemp, Barnes. NAYS: None. Skylis. MOTION CARRIED 5 -0. 5. APPROVAL OF BILLS Moved by Kemp, es of the Public regarding the CDA Funds held AYES: English, ABSENT: Cueny, Moved by English, supported by Kemp to approve the bills for payment as presented in the amount of $16,216.22. AYES: Barnes, Cueny, Kemp, Hall, English, Brown. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. No public comment was received at this time. 7�----APPROVAL OF AGENDA. Moved by Kemp, supported by Cueny to approve the agenda as presented. AYES: English, Hall, Kemp, Cueny, Barnes, Brown. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. 236 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MOMDAY. DECEMBER 20. 3993 A. PREVIOUS AGENDA ITEMS. 1. PLANNING COMMISSION APPOINTMENT. Supervisor Brown did not make a nomination for the vacancy on the Planning Commission at this time because the Board had previously rejected two qualified candidates without giving reasons. Trustee Barnes suggested the Supervisor appoint Sandra Dyl. Supervisor Brown commented that Ms. Dyl serves on the Oakland County Solid Waste Committee and he did not feel residents should serve on more than one Board or Commission. 2. ADOPT 1994 BUDGET. Moved by Kemp, supported by Barnes to adopt the 1994 Budgets as presented including amendments made at the December 16, 1993 Work Session. Trustee Cueny objected to the budget as presented because he felt the Clerk's Office and the Building Department should return to a 35 hour week which would reduce non - supervisory salaries by 15 %. He said the issue of longevity also needs to be addressed. After discussion, the Board agreed to address the issue of a 35 hour work week and employee longevity at the January 3, 1994 regular meeting. Trustee Cueny also wanted to reduce the contribution to the Police Fund to $350,000 and eliminate one deputy. He said a police millage question should be placed on the ballot. Clerk English explained the contribution to police has been budgeted in 1994 and the Board should wait to place a police millage question on a scheduled 1994 Election. This would save the cost of a special election. Clerk English will research wording for a ballot question and report back at the January 3, 1994 meeting. There was brief discussion on State Revenue Sharing, chloriding, insurance costs, legal expense, and contributions to capital improvements. No changes were made at this time. Clerk English also suggested reviewing the financial statements on a monthly basis. Treasurer Hall referred to a "Municipal Budget Summary Check List" of requirements which could be used to determine if the 1994 Budget complied with State requirements. She recommended reviewing the check list at the January 3, 1994 meeting. Trustee Barnes suggested increasing funds available in the merit pool by adding the salaries from any vacant positions in each department. This item will be discussed at the January 3, 1994 meeting. Clerk English objected to approving the budget as presented because the Board had raised elected officials salaries during their term of office. VOTE: AYES: Barnes, Kemp, Skylis, Hall, Brown. NAYS: Cueny, English. MOTION CARRIED 5 -2. 3. SOIL BORINGS FOR COMMUNITY CENTER. Mark Perkoski, Orchard, Hiltz & McCliment, answered questions from the Board regarding proposals for soil borings from Birch Environmental, CTI Associates, NTH Consultants, and Soils and Materials Engineers (letter* dated December 15, 1993). Supervisor Brown recommended authorizing the low bidder, Birch Environmental, to proceed with the soil borings. 237 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. MONDAY. DECEMBER 20'. 1993 SOIL BORINGS, cont... Township Attorney, Parvin Lee, explained that the Michigan Underground Storage Tank Financial Assurance Act (MUSTFA) is a state program which will pay the cost of removal of contaminated tanks beyond $10,000. The Township would not be compelled to remove the tanks if ' they are not contaminating neighboring property but the value of the property would increase if the tanks are removed. Moved by Kemp, supported by Skylis to hire Birch Envirmental to do the soil borings at the old Township Hall as per their bid* of $2300 for two tanks or $2600 for three tanks. AYES: Kemp, Cueny, Skylis, Barnes, Brown, Hall. NAYS: English. MOTION CARRIED 6 -1. B. PARKS AND RECREATION MATTERS - 1994 SAFETY PATH RECOMMENDATIONS (memo* dated December 14, 1993 from Mark Vagi, Director of Parks and Recreation) Moved by Cueny, supported by Kemp to accept the recommendation of the Safety Path Committee and to authorize the engineers to prepare the necessary plans and bid documents for the following 1994 projects: Baldwin Road (east side) from Eaton Gate to Sandoval, Joslyn Road (west side) from Joslyn Court to Waldon Rd. AYES: Cueny, Brown, Hall, English, Barnes, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. C. SUPERVISOR'S OFFICE 1. MDOT PERFORMANCE & INDEMNIFICATION RESOLUTION. ' Moved by English, supported by Kemp to adopt the MDOT Performance and Indemnification Resolution *; to name Supervisor Doug Brown and Richard White, Director of Public Works, in the section titled "Be It Further Resolved" as the positions authorized to make application to Michigan Department of Transportation; and to authorize the Supervisor to complete the annual application form and submit it to the MDOT. AYES: Barnes, Skylis, Kemp, Cueny, English, Hall, Brown. NAYS: None. MOTION CARRIED 7 -0. 2. REQUEST TO PURCHASE PHONE LINES (memo* dated December 14, 1993 from Supervisor Brown) Trustee Kemp questioned how and where the lines would be used and whether personnel could be used to trained to use them. He also questioned how the lines would be affected by the new phone system. He suggested keeping a monthly record of costs and review the program for savings in 6 months. There was discussion on proceeding with the replacement of the current phone system. Moved by Barnes, supported by Skylis to approve the installation of three "FGA Pure Outgoing" phone lines by Midwest Telephone before December 30, 1993 at a cost of $400 each. AYES: Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: Kemp. MOTION CARRIED 6 -1. 3. REQUEST TO ESTABLISH BUDGET FOR CDBG FUNDS. Moved by Cueny, supported by English to approve the addition of a line item entitled "Handicapped Equipment" under the CDBG portion of the General Fund budget in the amount of $3520 for 1993 and in the amount of $6457 for 1994. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. 238 CHARTER TOWNSHIP OF ORION .BOARR -OF TRUSTEES MINUTES REGULAR MEETING. MONDAY, DECEMBER 20. 1993 D. BUILDING DEPARTMENT MATTERS. 1. REQUEST TO PURCHASE EQUIPMENT. Moved by Cueny, supported by English to approve a request by the Building Department for $13,651.20 to remodel the department in order to provide space for staff and to purchase equipment (including computers) as outlined in the memo* dated December 19, 1993 from Tom Berger, Building Official. AYES: Hall, Cueny, Kemp, Skylis, Barnes, English, Brown. NAYS: None. MOTION CARRIED 7 -0 , Clerk English said the Clerk's office will also be looking into the purchase of equipment and reorganization of available space. E. CONSENT AGENDA. Moved by Kemp, supported by Cueny to approve the Consent Agenda as presented: 1. Request to Attend Annual Conference. Authorized Mark Vagi, Director of Parks and Recreation, to attend the Michigan Recreation and Park Association annual conference to be held at Grand Traverse Resort on February 7 -10 and to pay necessary fees and expenses. 2. Request to Attend Seminar. Authorized Treasurer Hall, and Shirley Dingman, Deputy Treasurer, to attend the Michigan Municipal Treasurer's Association Workshop to be held in Lansing, January 13 & 19, 1999 and to pay necessary fees and expenses. 3. Solicitation Request. Approved request from American Cancer Society, a non - profit organization, to conduct their annual Community Crusade, Saturday, May 19 through May 23, 1999. ' 9. Request to Use Personal Day. Approved request from Tom Blazak, Building Department employee, to use a personal day on December 27, 1993. 5. Waiver of Freedom of Information Act Charges. Authorized extending the waiver of FOIA charges for tax information until a report is received from the Treasurer. 6. Request to Replace Computer Equipment - Treasurer's Office. Authorized purchase of a 250 mgb hard drive from PC Ram Computer at a cost of $350. AYES: Skylis, English, Brown, Hall, Barnes, Cueny, Kemp. NAYS: None. MOTION CARRIED 7 -0. There was lengthy discussion on hiring an architectural firm to do conceptual drawings for expansion of the Township Hall. Supervisor Brown appointed Trustee Cueny, Richard White, Ron Kaliszewski and Don Bartus to a committee to review the architectural proposals which have been received. Clerk English will contact the ' proposed committee by letter regarding whether they are willing to serve. Treasurer Hall announced a meeting on property tax reform which is being hosted by MTA on Tuesday, December 21, 1999 in Novi. She also confirmed that the following budget topics would be on the agenda in January: 35 hour work week, longevity for employees, merit pay, budget check list, and wording for a police millage. She also referred to an article from the Municipal Treasurer's Association regarding local government. TOWNSHIP OF ORION,aOARD OF TRUSTEES MINUTEY 10. NEW BUSINESS A. REQUEST FOR TUITION REIMBURSEMENT. Moved by Kemp, supported by English to approve the request from Sandy Greenberg, Senior Van Driver, for tuition reimbursement ($160) and the cost of books ($40) upon successful completion of "Introduction to Psychology" at OCC. AYES: Brown, English, Hall, Skylis, Kemp, Cueny, Barnes. NAYS: None. MOTION CARRIED 7 -0. Trustee Kemp asked the Supervisor to contact a Planning Commission member who has been absent from several meetings this year. . „ , C. RECOMMENDATION FROM ATTORNEY PROPOSAL REVIEW COMMITTEE (memo* received December 14, 1993 from the Attorney Proposal Review Committee) It was noted that Booth Patterson has agreed to have Parvin Lee or Tim Patterson attend Board meetings. Moved by Skylis, supported by Kemp to accept the recommendation of•the Attorney Proposal Review Committee (Eric Wilson, Bill Schramm, and Burke Cueny) and retain Booth, Patterson, Lee, Need & Adkins for the period January 1, 1994 to December 31, 1996. AYES: English, Skylis, Kemp, Brown, ' Barnes, Cueny, Hall. NAYS: None. MOTION CARRIED 7 -0. D. AWARD WALDON, GIDDINGS, SILVERBELL PAVING PROJECT BID. (memo* December 13, 1993 from Mark Perkoski, Orchard Hiltz) Mark Perkoski, Orchard Hiltz, answered questions from the Board on the construction schedule. Parvin Lee also outlined arrangements for borrowing from the Water and Sewer Fund when costs exceed Host Fee revenues. Discussion following on holding this matter until negotiations are complete regarding repayment of $1.5 million to Oakland County. Mr. Lee recommended proceeding based on commitments made to residents in the area of the landfill. Moved by Barnes, supported by Cueny to award the bid for the Giddings, Silverbell, Waldon Rd. paving project to Angelo Iafrate Construction Co. in the amount of $2,437,733.85 contingent upon the receipt of the Road Commission permit. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. B. REQUEST FOR CONTRIBUTION TO SAFETY PATH FUND - LAKE ' ORION CHURCH OF CHRIST. Clerk English read a memo* dated December 15, 1993 regarding PC- 93 -34. Moved by English, supported by Cueny to concur with the Planning Commission and request the Lake Orion Church of Christ, 1080 Hemingway, pay $2000 to the Safety Path Fund in lieu of constructing the safety path .along Clarkston Road. AYES: Cueny, Barnes, Hall, Brown, English, Skylis, Kemp. NAYS: None. MOTION CARRIED 7 -0. Trustee Kemp asked the Supervisor to contact a Planning Commission member who has been absent from several meetings this year. . „ , C. RECOMMENDATION FROM ATTORNEY PROPOSAL REVIEW COMMITTEE (memo* received December 14, 1993 from the Attorney Proposal Review Committee) It was noted that Booth Patterson has agreed to have Parvin Lee or Tim Patterson attend Board meetings. Moved by Skylis, supported by Kemp to accept the recommendation of•the Attorney Proposal Review Committee (Eric Wilson, Bill Schramm, and Burke Cueny) and retain Booth, Patterson, Lee, Need & Adkins for the period January 1, 1994 to December 31, 1996. AYES: English, Skylis, Kemp, Brown, ' Barnes, Cueny, Hall. NAYS: None. MOTION CARRIED 7 -0. D. AWARD WALDON, GIDDINGS, SILVERBELL PAVING PROJECT BID. (memo* December 13, 1993 from Mark Perkoski, Orchard Hiltz) Mark Perkoski, Orchard Hiltz, answered questions from the Board on the construction schedule. Parvin Lee also outlined arrangements for borrowing from the Water and Sewer Fund when costs exceed Host Fee revenues. Discussion following on holding this matter until negotiations are complete regarding repayment of $1.5 million to Oakland County. Mr. Lee recommended proceeding based on commitments made to residents in the area of the landfill. Moved by Barnes, supported by Cueny to award the bid for the Giddings, Silverbell, Waldon Rd. paving project to Angelo Iafrate Construction Co. in the amount of $2,437,733.85 contingent upon the receipt of the Road Commission permit. AYES: Kemp, Skylis, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 7 -0. Leon Harrison, 746 E. Silverbell, questioned which ' items would be on the January 3, 1994 agenda. Discussion followed. Jill Bastian, 913 Heights Rd., thanked the Board for their work during the past year and suggested that they work with the Lake Orion Village Council to resolve problems. She also suggested that community service groups make presentations in August regarding their needs in the next budget year. She then discussed the woodlands ordinance and the possibility of taking public donations for replacement of trees. 240 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, MONDAY, DECOkBER 20, 1993 Fig ;• • Moved by Skylis, supported by Kemp to adjourn the Meeting. AYES: All. NAYS: None. MOTION CARRIED 7 -0. The meeting adjourned at 8:55 p.m. Marie E. English, Clerk ----------------- - - - - -- - -- Charter - Township -of - Orion - - - -- ---------------------------------------------- CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES * M I N U T E S* REGULAR MEETING, MONDAY, JANUARY 3, 1994 The Charter Township of Orion Board of Trustees held a Regular Meeting, Monday, January 3, 1994 at 7:00 p.m. at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. BOARD MEMBERS PRESENT: Supervisor Doug Brown Clerk Marie English Treasurer Suzanne Hall ABSENT: Trustee James Skylis OTHERS: Larry Obrecht Sharon Smith Myrtle Creamer Randy McClure Mary Jane Shields Larry DeRycke Joyce Butterfield" Loretta Dalgleish Julie Savard Jerry Letcher Marty Ellis David Koski Maxine Howard Cathy Thorlakson Tom Blazak John Attwell Barb English Reth Butterfield Mark Vagi Linda Geering Susan Galeczka Trustee Allen Barnes Trustee Burke Cueny Trustee Peter Kemp Charlotte Beiser Brian Creamer Penny Shults Jill Bastian Leon Harrison Candace Singer Jerry Butterfield Richard M. White Jim Milford Tim Patterson The meeting was called to order at 7:00 p.m. by Supervisor Brown. 2 PLEDGE AND INVOCATION The Pledge of Allegiance was led by Treasurer Hall and the Invocation was given by Pastor David Koski, Howarth Methodist Church. Clerk English called the roll. All members were present except Trustee Skylis. Supervisor Brown proclaimed December 23, 1993 "Marty Ellis Day" in Orion Township to honor Mr. Ellis for his heroism in saving a small child from a house fire on Clarkston Rd. He also presented Mr. Ellis with a plaque. 5. APPROVAL OF MINUTES BUDGET WORK SESSION, DECEMBER 16, 1993. Moved by Barnes, supported by Kemp to approve the minutes of the Budget Work Session held December 16, 1993 as presen- ted. AYES: Cueny, Hall, English, Brown, Kemp, Barnes. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MIN TIA 1 REGULAR MEETING. MONDAY, JARUARY 3, 1994 . Moved by Kemp, supported by Barnes to approve the bills for payment as submitted in the amount of $105,340.24. AYES: Cueny, Hall, English, Brown, Kemp, Barnes. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. Leon Harrison, 726 E. Silverbell, pointed out the ' government information channel has incorrect information. He also asked if the Board had taken action regarding the Master Plan. Discussion followed. Jill Bastian, 913 Heights Rd., said she still objected to the Board approving the Waldon Rd. paving project. She was concerned that many of the trees in the area would be removed. Larry Obrecht, Orion Area Youth Assistance, thanked the Board for their financial support of the program in 1994. He also asked to be placed on a May 1994 agenda for an awards presentation. Moved by Barnes, supported by Kemp to approve the agenda with the removal of 9E - Staffing for the Assessing Department. Discussion followed on the E. Clarkston Rd. intersection matter. AYES: Brown, English, Hall, Barnes, Kemp, Cueny. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. F • •, ' 1. 35 HOUR WORK WEEK FOR HOURLY EMPLOYEES. Trustee Cueny recommended that several Township departments return to a 35 hour work week to save money on employee costs since a 3% raise has been given in 1994 and health insurance is fully paid. Lengthy discussion followed and it was generally agreed that decisions on the numbers of hours to be worked in each department should be the responsibility of the department head. No further action was taken to reduce hours. 2. LONGEVITY. There was lengthy discussion on eliminating longevity for employees and replacing it with a merit pay system. Moved by Barnes, supported by Hall that, effective January 1, 1994, longevity will no longer be offered as a benefit to new employees. AYES: Kemp, Cueny, Hall, Barnes. NAYS: Brown, English. ABSENT: Skylis. MOTION CARRIED 4 -2. Tim Patterson, Township Attorney, questioned if this action can be applied to the DPW workers under their union contract. He will ask Parvin Lee to review the matter. He will also draft language to formally amend the personnel policy and have it ready for the next meeting. 3. MERIT PAY. There was discussion on the adminis- tration of the merit pay pool which was established in the 1994 budget. Supervisor Brown was concerned that this would be a "first come - first served" system and there would be inadequate funds to give merit pay to everyone who deserves it. Trustee Barnes said budget adjustments could be made during the year if necessary. He also wanted to see the funds from vacant positions placed in the pool. Trustee Kemp said the Department Head should be responsible for distributing the 3% in- crease given to each department in 1994. He also sug- gested giving a bonus at the end of the year. Treasurer Hall felt the Board should consider forming a committee of personnel professionals from the community to make recommendations regarding administration of merit pay. No changes were made in the merit pool at this time. 2 4 ZARTER TOWNSHIP OF ORION BOARD OF MINUTES 4. MUNICIPAL BUDGET SUMMARY OF RE06fREMENTS. Treasurer Hall asked for a review the 1994 Budgets based on the Municipal Budget Summary of Requirements (under Michigan P.A. 621 of 1978). Supervisor Brown referred the information to Andrew Pollack, Township Auditor, who found the Township has fulfilled the requirements under the Act in the areas of the check list marked "yes ". Other areas will be reviewed during the 1993 audit and throughout 1994 if necessary. 5. POLICE MILLAGE. There was discussion on placing a police millage increase question on the August 1994 Primary ballot. Trustee Cueny said the Township needs additional deputies for the size of the population but the Police Fund should be self- sustaining and not depend on any contribution from the General Fund. Discussion followed on the level of millage increase and the length of millage. Moved by Cueny, supported by Kemp to ask the Township Attorney to draft proposed ballot language to increase the police operating millage by 1 mill for two years. AYES: Barnes, Hall, Brown, Kemp, Cueny. NAYS: English. ABSENT: Skylis. MOTION CARRIED 5 -1. B. FIRE DEPARTMENT MATTERS - 911 DISPATCH CONTRACT. The Village of Lake Orion has asked to meet with the Township within the next 30 days to discuss proposed agreement language for Fire Department dispatching (letter* dated December 14, 1993). Supervisor Brown recommended meeting with the Village after a January 4, 1994 meeting with the Oxford Police and Fire Board. Supervisor Brown, Trustee Barnes and Trustee Cueny indicated they would attend the meeting in Orford. C. PARKS AND RECREATION MATTERS. 1. SAFETY PATH ADVISORY COMMITTEE RESIGNATIONS. Moved by English, supported by Kemp to accept the resignations of Diane Coleman- Rogers and John Lines from the Safety Path Advisory Committee with regrets and to send appropriate letters of appreciation for their service to the community. AYES: Cueny, Hall, Brown, Kemp, English, Barnes. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. 2. APPOINTMENT TO PARKS AND RECREATION ADVISORY COMMITTEE. Moved by Cueny, supported by Barnes to accept the resignations of Tom Lake and Al Garcia from the Parks and Recreation Advisory Committee and to send them appropriate letters of appreciation for their service to the community; and to appoint Audrey Marsac, Judy Finneran, Kevin Spencer and Delores Gekiere to the Parks and Recreation Advisory Committee with terms expiring December 31, 1995. AYES: Kemp, English, Brown, Hall, Barnes, Cueny. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. D.POLICE MATTERS - OAKLAND COUNTY SHERIFF'S DEPARTMENT 1994 -95 CONTRACT (memo* dated December 29, 1993 from Supervisor Brown) Supervisor Brown referred to the proposed Law Enforcement Agreement with the Oakland County Sheriff's Department for 1994 -1995 which was drawn up by Greg Need, Township Attorney. He pointed out there is a 4.9% increase In the contract for 1994 and a 4.25% increase for 1995. Trustee Cueny objected to approving the contract with an increase for 1995 because any increases would come from the General Fund unless voters approve a millage increase. There was lengthy discussion on the number of deputies to be provided under the contract and a requirement for a written lease for property effective March 1, 1994. County Commissioner Larry Obrecht and Lt. Bruce Naile answered questions from the Board. L__: CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES3 REGULAR MEETING, MONDAY, JANUARY 3, 1994 OCSD CONTRACT. cont Moved by Kemp, supported by Barnes to approve the County Sheriff's Department 1994 -1995 Law Enforcement Agreement* with Orion Township and authorize the Supervisor and Clerk to sign on behalf of the Township. AYES: Cueny, Barnes, Hall, Brown, English, Kemp. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. E. ASSESSING DEPARTMENT MATTERS. This item was removed from the agenda. F. BUILDING DEPARTMENT MATTERS - REQUEST TO COMBINE NON- CONFORMING LOTS, MCCLELLAN STREET. Brian Creamer, answered questions from the Board regarding his request to combine non - conforming lots of record to create a buildable site of 55' x 1051. Trustee Kemp felt the lot created would be illegal because of its size. Discussion followed on Item #8 on the application to combine lots. Clerk English pointed out that Item #8 should have been marked "no" based on the drawing submitted with the application. The Board confirmed that they would be granting approval for the request to combine lots only and not granting any necessary variance for building. Tom Berger, Building Official, explained the ordinance requirements Moved by Hall, supported by Barnes to approve the request to combine non - conforming Lots 13 & 14 of record, Block 17, Bunny Run Country Club, McClellan St. AYES: English, Brown, Hall, Barnes. NAYS: Kemp, Cueny. ABSENT: Skylis. MOTION CARRIED 4 -2. G. RENEWAL OF LEGAL ADVERTISING CONTRACT (memo* dated December 29, 1993 from Clerk English) Clerk English said she would continue to place legal advertising in the Orion Review and use the Oakland Press as a secondary for public notices. Moved by Barnes, supported by Cueny to authorize the Clerk to sign the contract for legal advertising with the Oakland Press on behalf of the Township with the provision that the Orion Review be used first whenever possible. AYES: Hall, Brown, English, Kemp, Cueny, Barnes. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. Supervisor Brown announced the General Federation of Women's Club 80th Anniversary Tea on February 3, 1994 at 12:30 p.m. at the Township Library. Trustee Cueny and Richard White, Director of DPW, discussed Township employee wages and benefits compared to the private sector. Trustee Barnes reminded the Board that the contract employees in the Building Department are working without a contract. 11. NEW BUSINESS PROPOSED ADULT FOSTER CARE HOME - 2262 HAMMERSLEA (memo* dated December 29, 1993 from Clerk English) Moved by Cueny, supported by Barnes to authorize the Clerk to respond to the Michigan Department of Social Services and to indicate on the License Application Notice (question # 10) that the proposed AFC Home to be located at 2262 Hammerslea is located more than 1500 feet from an existing facility or another proposed similar facility. AYES: Kemp, English, Brown, Hall, Barnes, Cueny. NAYS: None. MOTION CARRIED 6 -0. e CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES ttINUTES REGULAR MEETING. MONDAY, JANUARY 3. 1994 Moved by Kemp, supported by Cueny to adjourn the meeting. AYES: All. NAYS: None. ABSENT: Skylis. MOTION CARRIED 6 -0. The meeting adjourned at 9:30 p.m. L � Marie E. Engl,�sh, Clerk Charter Town Ip of Orion Transcription: Mary Jane Shields This meeting is on tape. *On file in the Clerk's Office. CHARTER TOWNSHIP OF ORION BOARD OF * M I N U T E S* REGULAR MEETING, TUESDAY, JANUARY TRUSTEES 18, 1994 The Charter Township of Urion Board of Trustees held a RF,qular Meeting, Tuesday, January 18, 13'i4 at. 7:U0 p.m. at the Urion Township Hall, 2525 Joslyn Road, Lake Orion, Michi<aan. BOARD MEMBERS PRESENT: ::uDervisor Douq Brown Clerk Marie English Tru,t:ee Alien Barnes ABSENT: Treasurer Suzanne Hall 0y ➢1.1.14-5 ;.arry Det�ycke Jerry Letcher Shirley :)ingman Darrel Cole Di ane Griffiths R. Normandin Frank Kunz Sqt. Mike Elliott Jerry Moon Rlchard M. White Trustee Burke Cueriv Trustee Peter Kemp Trustee James Skylis Matthew Dinqman John Attwell Thomas Berqer Jeff Rendell Jim Marleau The meet- inq was called to order at 7:00 p.m. by Suparv�:n.:1 Brnwti. 2. PLEDGE AND INVOCATION The Pleda? of Allegiance was led by Clark: Enq!::th and the Invocation was giveT1 by Reverend Phal ,:t, St. JoseDh's Catholic Church. Clerk English c,ailed the roll. Ail members were present except Treasurer. Hall. 4. APPROVAL OF MINUTES A. REGULAR MEETING, DECEMBER 20, 1993. Moved by KeII1L, 3UDUJrtt'i by Sky,;:] tt) appruve the ut the Reqular Meet.ina meld Mo -nday, December l0, 1393 as submitted. AYES: Bayne:,, Cueny, English, Brown, Skylis, Kemp. NAYS: NONE. ABSENT: Hall. MOTION CARRIED E -0. 1 1 F7 U 245 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, TUESDAY, JANUARY 18, 1994 MINUTES, cont... B. REGULAR MEETING, JANUARY 3, 1994. Moved by Kemp, supported by Cueny to approve the minutes of the Regular Meeting held Monday, January 3, 1994 as submitted. AYES: Barnes, Skylis, English, Brown, Cueny, Kemp. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. After discussion on the bill for office supplies which includes the purchase of a calculator, a motion was made by Barnes, supported by Kemp to approve the bills for payment as submitted in the amount of $26,659.14. AYES: Cueny, Skylis, Brown, English, Barnes, Kemp. NAYS: ABSENT: Hall. MOTION CARRIED 6 -0. No public comment was received at this time. Moved by Barnes, supported by Kemp to approve the agenda with the addition of Item 10 - N7 - Executive Session to consider the purchase of property. AYES: Skylis, Cueny, English, Brown, Kemp, Barnes. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. A. PREVIOUS AGENDA ITEMS. 1. AMENDMENT TO PERSONNEL POLICY RE: LONGEVITY. Moved by Kemp, supported by Barnes to approve the following amendment to the personnel policy (communication* from Booth Patterson dated January 13, 1994): Amend the section entitled "BENEFITS" to add a revised subsection 7 to read as follows: 7. LONGEVITY FOR FULL -TIME EMPLOYEES HIRED PRIOR TO JANUARY 1. 1994. Longevity based on an employee's base pay for the current year will be paid on the first pay date following the employee's anniversary hire date. The longevity check will have funds withheld for the following items only: a) Federal income tax b) State income tax C) F.I.C.A. - Social Security Longevity will be paid on the following basis: Years of Service More Than Less Than % of Base Salary 0 6 0% 6 9 2% 9 12 4% 12 15 6% 15 20 8% 20 10% 246 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, TUESDAY, JANUARY 18, 1994 LONGEVITY cont... If an employee eligible for longevity pay terminates his /her employment with the Township before his /her anniversary hire date, then longevity will be paid based on actual base pay earned through date of termination. An eligible employee will , receive only one longevity check per calendar year. Longevity shall not be a benefit provided to any employee hired on or after January 1, 1994. VOTE: AYES: Skylis, Cueny, Brown, Kemp, Barnes. NAYS: English. ABSENT: Hall. MOTION CARRIED 5 -1. 2. POLICE MILLAGE BALLOT LANGUAGE. The Township Attorney proposed the following police millage ballot language for the August 1994 Primary ballot: Shall the constitutional tax limitation on the total amount of general ad valorem taxes which may be imposed each year for all purposes upon real and tangible personal property in the Township of Orion, Oakland County, Michigan be increased as provided in Section 6, Article IX of the Constitution of Michigan for a period of two (2) years by One ($1.00) Dollar per One Thousand ($1,000.00) Dollars of state equalized valuation through the levy and collection of an additional One (1) mill tax for the purpose of providing additional ' police protection services, including equipment and personnel costs. This additional millage, if levied, would raise in the first year of levy an estimated $623,000. Tim Patterson, Township Attorney, recommended checking with the Treasurer regarding the amount which would be raised in the first year of the levy. He also pointed out the last sentence is required under new State sta- tutes. Trustee Skylis felt the language is very compli- cated and may confuse voters. Discussion followed. Moved by Kemp, supported by Cueny to accept the police millage ballot language as submitted with the millage amount in the last sentence to be verified. AYES: Barnes, Skylis, Brown, English, Cueny, Kemp. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. B. PARKS AND RECREATION MATTERS - REQUEST TO INCREASE PARK PAVILION FEE. Mark Vagi, Director of Parks and Recreation, recommended increasing the rental fee for the Township park pavilion from $20.00 to $25.00 to help pay increased maintenance costs (memo* dated January 11, 1994). Moved by Barnes, supported by Cueny to approve increasing the daily rental fee for the Township park pavilion from $20.00 to $25.00 for 1994. AYES: Kemp, Skylis, English, Brown, Barnes, Cueny. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. C. SUPERVISOR'S OFFICE MATTERS - REPORT ON SEMCOG MEETINGS. Supervisor Brown submitted a file of information for Trustee Cueny to review. Trustee Cueny stated he still objected to paying dues to SEMCOG. D. TREASURER'S OFFICE MATTERS - APPROVAL OF BILLS (memo* dated January 10, 1994) Moved by Barnes, supported by Skylis to confirm payment of $36,247.45 to Orion Site Development. AYES: Cueny, Barnes, Skylis, Kemp, English, Brown. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. 247 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, TUESDAY, JANUARY 18, 1994 Thara waa briat diavuomlon on the items which are included in the list of bills presented for Board approval. Clerk English explained that all bills mentioned in the Treasurer's memo are currently included on the list of bills for payment except utility bills and health and life insurance bills. She ' said utility bills must be paid in a timely manner to avoid penalty charges. Also, health and life insurance bills are expenses which are included in the budget. E. ASSESSING DEPARTMENT MATTERS - STAFFING. John Attwell, Assessor, answered questions from the Board regarding his recommended realignment of positions and salary increases for his Department (communication* dated December 29, 1993). After interviewing all qualified applicants, Mr. Attwell and Supervisor Brown recommended hiring Matthew Dingman as an Appraiser I. Mr. Attwell also recommended moving Penny Shults to the vacant Appraiser II position, eliminating the part -time position, and increasing the salary of the current Appraiser I and Assessing Clerk to reflect their additional workload. Clerk English objected to giving raises which range from 5% to 17% when other employees were given a 3% increase for 1994. She referred to pay history information* for all employees which she provided to the board before the meeting. AYES: Cueny, Barnes, Brown, Skylis, Kemp. NAYS: English. ABSENT: Hall. MOTION CARRIED 5 -1. F. ORDINANCE ADOPTION FIRST READING - TEXT AMENDMENT TO ORDINANCE NO. 78, DAY CARE. Supervisor Brown announced a First Reading of PC -93 -24 a proposed text amendment to Ordinance NO. 78, Day Care. Clerk English read a memo* dated January 7, 1994 from the Orion Township Planning Commission recommending approval of the text amendment. The proposed text amendment will be published for adoption at the February 7, 1994 meeting. After lengthy discussion a motion was made by Kemp, supported by Skylis to accept Mr. Attwell's recommendation that Matthew Dingman be hired as an Appraiser I in the Assessing Department and that the Assessing Department be reorganized per Mr. Attwell's recommendation noting that this action will save the Township approximately $15,000 in non - supervisory salaries for this year. ' After brief discussion on the recent changes in longevity for employees hired after January 1, 1994, the motion was amended to read: Moved by Kemp, supported by Skylis to accept Mr. Attwell's recommendation that Matthew Dingman be promoted to Appraiser I in the Assessing Department and that the Assessing Department be reorganized per Mr. Attwell's recommendation noting that this action will save the Township approximately $15,000 in non - supervisory salaries for this year. Clerk English objected to giving raises which range from 5% to 17% when other employees were given a 3% increase for 1994. She referred to pay history information* for all employees which she provided to the board before the meeting. AYES: Cueny, Barnes, Brown, Skylis, Kemp. NAYS: English. ABSENT: Hall. MOTION CARRIED 5 -1. F. ORDINANCE ADOPTION FIRST READING - TEXT AMENDMENT TO ORDINANCE NO. 78, DAY CARE. Supervisor Brown announced a First Reading of PC -93 -24 a proposed text amendment to Ordinance NO. 78, Day Care. Clerk English read a memo* dated January 7, 1994 from the Orion Township Planning Commission recommending approval of the text amendment. The proposed text amendment will be published for adoption at the February 7, 1994 meeting. � r CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, TUESDAY, JANUARY 18, 1994 G. CONSENT AGENDA. Moved by Kemp, supported by Barnes to approve the Consent Agenda as follows: Request to attend seminars. Authorized the Supervisor to attend the following seminars with necessary fees and expenses to be paid: 1. "Developing a Capital Improvement Program" to be held February 28, 1994 in Lansing. 2. "Michigan Public Corporation Law Winter Seminar" to be held February 4, 1994 in Dearborn. VOTE: AYES: Skylis, Cueny, Brown, English, Barnes, Kemp. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. 9. BOARD MEMBER COMMENTS Supervisor Brown commented briefly on the Michigan Townships Association Convention to be held in Detroit in the coming week. Trustee Barnes and Trustee Cueny felt that part -time employees should receive the 3% increase given to full - time employees. Trustee Cueny pointed out that part - time employees did not include co -op students. There was also discussion on the raise which was proposed by the Building Official for the Planning Commission Secretary. These items will be addressed at the next meeting. Pi 1. DISAPPEARING LAKES ASSOCIATION /SQUARE LAKE SPECIAL ASSESSMENT DISTRICT. Frank Kunz, 1220 Kempster, representing the Disappearing Lakes Association, addressed the Board regarding finalization of the Square Lake Special Assessment District. He asked the Board to establish a schedule for any required actions or hearings. He submitted a letter dated January 14, 1994 asking the Board to act on this matter, a copy of his request to be on tonight's agenda dated January 10, 1994, a copy of attorney fees related to this subject, a letter dated April 4, 1993 regarding the results of a meeting between residents and Board members, and a copy of Public Act 188. Mr. Kunz said finalization of the SAD has proceeded very slowly. He also said that there have been questions from the present Assessor regarding whether the SAD conforms with Public Act 188 in the area of weed control. He stated these matters are "directly addressed and satisfied by the operating Square Lake water augmentation system which requires energy to sustain ". A question was raised about one or two properties which were not included in the assessment district. Discussion followed on how boundaries were set for the SAD. In the opinion of Greg Need, Township Attorney, (letter* dated January 18, 1994) an additional public hearing is necessary to add property to the SAD. If any property receives benefit from the SAD, they must receive all notices and be included in the district in order for the SAD to be defensible from the claims of other property owners. Further discussion followed. 1 1 1 249 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING. TUESDAY, JANUARY 18, 1999 DLA /SQUARE LAKE, cont... John Attwell, Assessor, recommended that the Board hold another public hearing and make sure all properties receive notices. He also said the wording of the resolution should be clarified to state the specific purpose of the district so that it meets PA 188 requirements. (The wording should refer to weed control ' rather than paying the electric bill for the pump.) Mr. Attwell also asked the Board to clarify the estimated overall cost to be spread for the SAD. Jerry Moon, 1450 Kempster, and Ray Normandin, 1283 Heights Rd., spoke in support of proceeding with the SAD. Mr. Kunz asked the Board to consider the recommendation of the DLA committee set the amount of the SAD based on a seven month pump. Moved by Kemp, supported by Skylis to hold a Public Hearing at 8:00 p.m., Tuesday, February 22, 1994 for the Square Lake Special Assessment District under PA 188 to clarify the wording of the resolution, to include all properties and to give them notice, and to clarify the amount of the SAD. AYES: Barnes, Cueny, Skylis, Brown, English, Kemp. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. 2. REQUEST FOR ALTERATION OF ROAD STANDARD - PROPERTY OFF MORGAN ROAD (SIDWELL NO. 09 -31- 376 -014) Jeff Rendell, petitioner, requested a waiver of the requirement for a ' 60' private road right -of -way on property he plans to split. He asked for a 6' reduction to 54' to allow four splits of 2.5 acres as required under Suburban Farms zoning. Mr. Rendell said he is in the process of purchasing the property and he does not own any of the property on either side of the parcel. He also pointed out the private road on the adjacent lot is 541. There was discussion on the 90' cul -de -sac shown on Mr. Rendell's drawing. It must be enlarged to 94' to meet requirements in the ordinance. Mr. Rendell said he could adjust the property line to make the cul -de -sac 941. Trustee Kemp pointed out that the Fire Chief may require an even larger cul -de -sac to accommodate emergency vehicles. Discussion followed on whether this petition was properly before the Township Board at this time. Clerk English explained Mr. Rendell was asking only for a waiver of the private road width requirement under Ordinance No. 60. This is within the authority of the Board to grant. The lot split approval is a separate matter. Lengthy discussion followed. Board members were concerned about granting this waiver because Mr. Rendell does not own the property. Mr. Patterson suggested making evidence of ownership a condition of any motion to grant the petition. Moved by Skylis, supported by Kemp to approve the request of Jeff Rendell (Sidwell #09 -31- 376 -014) and to grant a waiver of the private road requirement for a 60' road right -of -way to accommodate the Suburban Farms requirement for 2.5 acre minimum lot size and to grant a 6' reduction to 54' conditioned upon evidence of the owners formally joining in this petition and, also, that any development shall comply with Township ordinances. AYES: Barnes, Cueny, Brown, English, Kemp, Skylis. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. 250 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, TUESDAY, JANUARY 18, 1994 REQUEST TO ALIGN ROAD STANDARD, cont... Trustee Skylis suggested that, in the future, petitioners be required to provide written permission from the owner to apply for a variance. 3. GUIDELINES FOR CABLECASTING TOWNSHIP BOARD MEETINGS ' (memo* dated January 13, 1994 from Clerk English) The elected officials and members of the Cable Commission met and agreed upon "Guidelines for Cablecasting Regularly Scheduled Orion Township Board Meetings " *. There was discussion on Item 8 of the guidelines which states in part "These videotapes are not retained and will be reused after the final cablecast. The videotapes are not records of public meetings and are not authorized for public inspection ". Trustee Kemp felt the videotapes should be kept for 30 days in case someone from the public would like to review them. Clerk English said the taping is being done by the Cable Commission and the tape belongs to them, therefore, it is not a public record. She said the Township should not be in the business of maintaining a video library. Larry DeRycke, Public Access Board, said the tapes are being made for rebroadcast purposes only and not as a public record. Also, the public access studio has a small staff and is not in a position to maintain a tape library. He said the Board will have copies of tapes , if they wish to maintain them. Trustee Barnes questioned if the tapes were covered under the Freedom of Information Act (FOIA) because the Cable Commission is a Township Commission which is recording Township business. Tim Patterson, Township Attorney, said he agreed with Clerk English but he would review the FOIA regarding videotapes. Discussion followed. Moved by Cueny, supported by Kemp to approve the cablecasting guidelines* as outlined with Item $8 to be changed by deleting the last line which reads "The videotapes are not records of public meetings and are not authorized for public inspection" and substituting "The video tapes are not public record and are for broadcasting purposes only ". AYES: Skylis, Barnes, Kemp, English, Brown, Cueny. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. 4. REVISED GROUP ENROLLMENT AND COVERAGE AGREEMENT FOR HEALTH INSURANCE. Clerk English submitted the revised "Group Enrollment and Coverage Agreement "* from Blue Cross /Blue Shield of Michigan which reflects the changes which were requested by the Board to include eligible part -time Trustees and contractual employees (memo* dated January 12, 1994) Moved by Kemp, supported by Barnes to approve the "Group Enrollment and Coverage Agreement" as presented and authorized the Clerk to sign it on behalf of the Township. AYES: Cueny, Barnes, Skylis, Kemp, Brown. NAYS: English. ABSENT: Hall. MOTION CARRIED 5 -1. 5. RESIGNATION FROM DPW NEGOTIATING COMMITTEE (memo* dated January 10, 1994 from Treasurer Hall) Moved by Barnes, supported by Kemp to accept the resignation of Treasurer }call from the DPW negotiating committee. AYES: Cueny, Kemp, Skylis, Barnes, Brown. NAYS: English. ABSENT: Hall. MOTION CARRIED 5 -1. Discussion followed on the status of the contract. 1 1 11 cz SI CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES REGULAR MEETING, TUESDAY, JANUARY 18, 1999 6. RESOLUTION RE: PUBLIC ACTS 167 AND 168. Public Acts 167 and 168 of 1993 require the Township to conduct sealed competitive bidding for contracts of $20,000 or more to qualify for State Revenue Sharing. Clerk English submitted a Resolution* stating Orion Township is in compliance with the provisions of PA 167 and 168. A certified copy of the adopted Resolution will be submitted to the Michigan Department of Treasury by January 31, 1999 as required. Moved by Kemp, supported by Barnes that the Township Board adopt the Resolution* as presented for certifying Public Act 167 & 168 of 1993. AYES: Skylis, Cueny, English, Brown, Barnes, Kemp. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. 7. EXECUTIVE SESSION - PURCHASE OF PROPERTY. Moved by Kemp to go to Executive Session to discuss the purchase of property. Trustee Barnes suggested taking public comment at this time so residents would not have to stay through the Executive Session. No public comment was received. Moved by Kemp, supported by Skylis to go to Executive Session to discuss the purchase of property. AYES: Cueny, Barnes, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. The Regular Meeting was recessed at 9:20 p.m. to hold an Executive Session. The Regular Meeting reconvened at 9:55 p.m. ACTION FOLLOWING EXECUTIVE SESSION: Moved by Skylis, supported by Kemp to authorize the attorney to prepare papers to secure an option on property in Orion Township to include a $1000 deposit and to be contingent upon Board approval as provided by law. AYES: Cueny, Barnes, Brown, English, Skylis, Kemp. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. Moved by Kemp, supported by Skylis to adjourn the meeting. AYES: All. NAYS: None. ABSENT: Hall. MOTION CARRIED 6 -0. The meeting was adjourned at 10:00 p.m. Marie E. Eng ish, Clerk Charter Tow ship of Orion