5/23/90-1/7/911
I CHARTER TOWNSHIP OF ORION
BOARD OF TRUSTEES
* M I N U T E S*
SPECIAL MEETING, WEDNESDAY, MAY 23, 1990
The Board of the Charter Township of Orion held a Special
Meeting, Wednesday, May 23, 1990 at 7:30 p.m. at the Orion
Township Hall, 2525 Joslyn Road, Lake Orion, Michigan.
TOWNSHIP BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel Trustee Jim Skylis
Clerk Marie English Trustee John Spearing
Treasurer Suzanne Hall David Rose
TOWNSHIP BOARD MEMBERS ABSENT:
Trustee John Arsen
OTHERS:
Richard White Fred C. Cole Douglas Dendel
Morris Cucksey John Berchtold
MEETING CONVENED AT 7:00 P.M.
' The Charter Township of Orion Board of Trustees held a
Special Meeting on Wednesday, May 23, 1990 at the Orion
Township Hall at 2525 Joslyn Road, Lake Orion, Michigan for
the purpose of discussing the request of the Village of Lake
Orion to purchase water from Orion Township and its impact
on Orion Township.
Richard White, Director of Public Works, discussed with
Board members the following items:
1. Types and sizes of meters
2. Where connection points would be made between the
Township and the Village
3. Water main installation, including which one would
be paid for by the Township and which ones should
be paid for by the Village
4. Size of pressure reduction valves and where they
would be installed
5. Which costs would be shared
6. Cost of selling metered water.
Also were discussed the advantages to both the Village and
the Township.
Lengthy
discussion.
'
The consensus
Council put in
of the
writing
Board was to
which of the
request the Village
following options they
would like to
pursue
and present it
at the next Township
Board Meeting:
L
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
SPECIAL MEETING.,WEDNESDAY, NAY_23�_19.90
1. The Township taking over the Villaqe of Lake
Orion water system;
2. The Township selling water to the Village of
Lake Orion.
ADJOURNMENT
Moved by Spearing, supported by English, to adjourn. MOTION
CARRIED.
MEETING ADJOURNED AT 9:25 P.M.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
TRANSCRIBED BY:
Susan Carol Galeczka
This meeting is on tape.
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
* M I N U T E S*
REGULAR MEETING, MONDAY, JUNE 4, 1990
The Charter Township of Orion Board of Trustees held a
Regular Meeting, Monday, June 4, 1990 at 7:00 p.m. at the Orion
Township Hall, 2525 Joslyn Road, Lake Orion, Michigan 48035.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel Trustee John Arsen
Clerk Marie E. English Trustee John Spearing
Treasurer Suzanne Hall Trustee James Skylis
ABSENT: Trustee David Rose
OTHERS:
Caroljean Tennant
Peter McGrath
Jill Bastian
Eleanor Wolf
Carl Patterson
James Milford
David Hodqes
Rick Bassett
David Brookmiller
Dennis Brophy
Sandra Dyl
Leon Harrison
Mark Vagi
Ruth Puddists
Leo Wolf
Fred Bond
David Turner
Geraldine Fletcher
Clifton King
Robert Warren
Henry Wineman
Royal Marshall
Deborah Wilson
Nicole Robertson
Haig Neville
Charlotte Patterson
Sqt. Kim Rossman
Marge Hodges
Robert De Ridder
Jack Fletcher
Joyce Lombardo
Richard Komer
I
n
_J
3
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY. JUNE 4z 1.990
MEETING CONVENED AT 7:00 P.M.___
The Pledge of Allegiance was led by Clerk English, and
the Meditation was given by Supervisor Van Tassel.
Trustee Arsen arrived at 7:05 p.m.
CHANGES TO AGENDA: Delete Item 16 - Co -op pay scale.
A. MINUTES OF REGULAR MEETING. (1.0115) Moved by
Hall, supported by Spearing to approve the Minutes of
the Regular Meeting of May 21, 1990 as submitted.
AYES: All. NAYS: None. MOTION CARRIED.
(1.0145) Moved by Spearing, supported by Enqlish to
approve the bills for payment as follows:
' General $ 7,295.10
Fire 353.21
Water 1,557.60
Sewer _ 1,403.66
TOTAL $ 10,609.57
ROLL CALL VOTE: AYES: Arsen, Spearing, Hall, English,
Van Tassel. NAYS: None. MOTION CARRIED.
3. ATTORNEY MATTERS____
511 BELLEVUE. (1.0200) Tim Patterson, Township
Attorney, stated he met with Glenn Bartoni, Building
Official, regarding property at 511 Bellevue. The
terms and conditions of a Stipulated Order that was
entered into on that property have not been complied
with. Moved by Arsen, supported by English to
authorize the Attorney to seek reinstitution of the
demolition on the property at 511 Bellevue. AYES:
Spearing, Arsen, Hall, English, Van Tassel. NAYS:
None. MOTION CARRIED.
INDIANWOOD IMPROVEMENT ASSOCIATION. (1.0320)
' Tim Patterson, Township Attorney informed the Board he
has received a copy of a complaint filed by the
Indianwood Improvement Association seeking to amend the
restrictions of that Subdivision Association. He
indicated the complaint will be answered on behalf of
M
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING_ MONDAY,_ JUNE _411990_____________
INDIANWOOD IMPROVEMENT _ASSOCIATION _ continued
the Township and he will report back as soon as he has
more information on the terms of the restrictions as
the Indianwood Improvement Association wishes to amend
them.
CHARTER TOWNSHIP OF ORION VS WM. MATHISEN. (1.0487)
Tim Patterson stated he met with Glenn Bartoni,
Building Official, regardinq property owned by William
Mathisen. Mr. Bartoni indicated there has been
noncompliance with an injunctive order that was entered
in October 1988 in this case which involves a wetlands
issue. Mr. Bartoni recommended going back to Circuit
Court to seek an order requiring the property owner to
comply. Discussion followed. It was the consensus of
the Board to hold this item until the next meeting so
that more information can be obtained.
124 OVERLAKE DR. (1.0640) Trustee Arsen questioned the
status of property at 124 Overl.ake Drive. Discussion.
A report will be given at the next meeting.
4. BUILDING DEPARTMENT MATTERS - - - NONE,____
5. DPW MATTERS
A. REQUEST FOR PRELIMINARY PLANS AND COST ESTIMATES
FOR PRESSURE REDUCING VALVES AND WATER SYSTEM
EXTENSION. (1.0730) Moved by Hall, supported by
Spearing to approve the request and to authorize the
engineer to prepare preliminary plans and cost
estimates for Project #1 (placinq pressure reducinq
valves, pits, etc. in the water_ system) and for Project
#2 (extension of the water system and looping the
system from Indianwood at Joslyn across Indianwood,
across the Northern part of the Village of Lake Orion
and down Orion Road to the current system near Kern
Road and to include meter pits and extensions on M -24).
AYES: Arsen, Spearing, Hall, English, Van Tassel.
NAYS: NONE. MOTION CARRIED.
B. UNION CONTRACT. (1.0920) Moved by Spearing, sup-
ported by Hall to approve the recommended amendments to
the DPW union contract as outlined in a memo* dated
June 6, 1991 and to authorize the Supervisor and Clerk
to sign on behalf of the Township (this contract would '
cover the time period from January 1, 1990 through
December 31, 1991. Discussion. AYES: Arsen, Spearing,
Hall, English, Van Tassel. NAYS: None. MOTION
CARRIED.
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY JUNE 9, 1990
6. FIRE DEPARTMENT MATTERS _ NONE
7. PARKS AND RECREATION MATT
SENIOR VAN DRIVER AGREEMENT. (1.1108) Mark Vagi,
Director of Parks and Recreation, answered questions
from the Board regarding the Senior Van Driver
agreement* which had been verbally approved by a
majority of Township Board Members. Moved by Spearing,
supported by English to confirm approval of the
agreement with the drivers of the Senior Van and to
authorize the Supervisor and Clerk to sign on behalf of
the Township. AYES: Spearing, Arsen, Hall, English,
Van Tassel. NAYS: None. MOTION CARRIED.
(1.1238) Trustee Spearing questioned the status of the
ballfield lighting. Mr. Vagi stated he is in the
process of finalizing the contract so the project can
go out for bids.
(1.1300) Jill Bastian, 913 Heights, questioned the
' deletion of Item 7B from the agenda regarding a
proposal from Bushman Disposal to charge a fee for
recycling service. Mr. Vagi stated more information is
needed on this item. Discussion followed on the need
for curbside recycling. Supervisor Van Tassel stated a
survey is underway to determine the needs and wishes of
residents regarding recycling.
8. POLICE DEPARTMENT MATTERS _ NONE
10. PROPOSAL FROM RISK MANAGEMENT SERVICES _
(1.1668) Haig Neville, of Haig Neville Associates,
answered questions from the Board regarding a request
from the Board for bid specifications for Request for
Proposals for risk management services. Lengthy
discussion followed including costs for Mr. Neville's
services.
The consensus of the Board was to set this matter over
until the next Board meeting and to schedule a work
session with Mr. Neville and members of the Board to
discuss his proposal.
5
R
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES ,
REGULAR MEETING, MONDAY, JUNE 4_1990 -_
11. LEON HARRISON ADDRESSED THE _BOARD REGARDING _A_ REZONING
_____
MATTER- - - -— -- -- - - -- -- - --
(1.2370) Leon Harrison, 746 E. Silverbell Road,
addressed the Board regarding rezoning, particularly
the Wineman rezoning (property at Scripps Road and M-
24) which was granted by the Township Board on
May 21, 1990. Mr. Harrison stated he had reviewed the
Zoning Ordinance #78, Section 29.2 and, also, PA 168 of
1959 and PA 184 of 1943. Mr. Harrison felt the Board
did not have jurisdiction in this matter and had
preempted the authority of the Planning Commission. He
requested the Board rescind their decision of May 21,
1990 to approve the Wineman rezoning request.
Supervisor Van Tassel quoted Section 30.05 -G of the
Zoning Ordinance concerning action by the Township
Board which reads "following receipt of a written
report and recommmendations from the Planning
Commission, the Township Board may grant or deny any
application for an amendment."
Lengthy discussion followed including the comments of I
Peter McGrath, 2448 Holland Street and a statement by
Eleanor Wolf, 835 E. Clarkston Road.
----------------------------------------------------------- - - - - --
THE ORION TOWNSHIP BOARD HELD A PUBLIC HEARING AT 8:00 P.M.
REGARDING A SPECIAL ASSESSMENT FOR TOMMY'S LAKE WEED HARVESTING.
THE REGULAR MEETING RECONVENED AT 8:35 P.M.
-------------------------------------- ----------- -- -------- - - - - --
Trustee Skylis arrived at 8:10 p.m.
12. REQUEST FOR SPEED LIMIT ON DUTMER TERRACE
(1.3560) Moved by Hall, supported by Arsen to indicate
support of Dutmer Terrace residents in requesting a 25
MPH speed limit on their street and to authorize the
Supervisor to correspond with the Road Commission.
AYES: Spearing, Arsen, Skylis, Hall, English, Van
Tassel. NAYS: None. MOTION CARRIED.
ACTION ON TOMMY'S LAKE SPECIAL ASSESSMENT. Moved by Arsen,
supported by Spearing to authorize preparation of the Special '
Assessment Roll for Tommy's Lake weed harvesting and to advertise
a Public Hearing on the matter for June 18, 1990 at 8:00 P.M.
AYES: Skylis, Spearing, Arsen, Hall, English, Van Tassel. NAYS:
None. MOTION CARRIED.
Vi
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING MONDAY JUNE 9 1990
The Township Board temporarily recessed from 8:35 p.m. until
9:00 P.M.
---------------------------------------------------------- - - - - --
9. ASSESSING DEPARTMENT MATTERS____ _
A. PONTIAC OSTEOPATHIC HOSPITAL AGREEMENT. (1.3800)
Rick Vincent, Township Assessor, answered questions
from the Board regarding a request from Pontiac
Osteopathic Hospital for tax exempt status on Lake
Orion Nursing Home (which they purchased in 1989) due
to their current tax exempt status as a hospital.
Mr. Vincent recommended approval of a compromise
agreement* with POH which would require a payment, in
lieu of property tax, based on a regular yearly
assessment against the Village operating, Township
operating, and the Fire operating millage. Discussion
followed.
Moved by English, supported by Arsen to approve the
' agreement with Pontiac Osteopathic Hospital and
authorize the Supervisor to sign. Further discussion
followed on enforcement of the terms of the contract.
AYES: Skylis, Arsen, Spearing, Hall, English,
Van Tassel. NAYS: None. MOTION CARRIED.
B. SETTLEMENT REGARDING GENERAL MOTORS ASSESSMENT
APPEAL. (1.4444) Rick Vincent, Township Assessor,
answered questions from the Board regarding the ongoing
Property Tax appeal of the General Motors Orion
Assembly Plant. Mr. Vincent has worked with Rick
Zablocki, General Motors Tax consultant and Don Bailey,
Oakland County Equalization Director, to reach an out
of court agreement that is acceptable to all parties
concerned. Mr. Vincent recommended the Board approve a
letter agreement* dated May 29, 1990 that provides for
the entry of a consent judgment ordering changes in the
assessed value of the assembly facility for the years
1984 through 1990. Lengthy discussion followed
including the changes in the assessed values of the
property and the terms of repayment for the taxing
units involved.
Moved by Hall, supported by Spearing to approve the
agreement and Stipulated Consent Judgment and to
' authorize Richard Vincent, Assessor, to sign on behalf
of the Township. Further lengthy discussion followed
and the Motion was reread. AYES: Skylis, Arsen,
Spearing, Hall, English, Van Tassel. NAYS: None.
MOTION CARRIED.
3
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAY, JUNE 4. 1990
The Board commended Rick Vincent on his work on this
agreement.
C. REQUEST TO RETAIN KIM IRWIN. (1.6000) Moved by
Arsen, supported by Skylis to authorize retaining Kim
Irwin in the Assessing Department as a contract worker
for a 35 hour work week at $5 per hour from June 11,
1990 until September 30, 1990 with the only benefit to
be holiday pay for July 4 and Labor Day. Discussion
followed. AYES: Spearing, Arsen, Skylis, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
D. REQUEST TO ATTEND ONE DAY WORKSHOP. Moved by
English, supported by Hall to approve the request and
to authorize Rick Vincent and Kim Furguson of the
Assessing Department to attend a one -day workshop
"Basic Government Accounting" to be held in Lansing
June 28 and to pay the necessary fees and expenses
realizing this is a requirement for Level IV
certification. AYES: Arsen, Skylis, Spearing, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED. '
18. OLHSA CONTRACT FOR SENIOR CENTER MANAGER AND NUTRITION AIDE
A. OLHSA CONTRACT FOR NUTRITION AIDE. (2.0285) The
proposed contract* between Oakland Livingston Human
Services Agency ( OLHSA) and Orion Township for a
Nutrition Aide covers January and February of 1990.
The contract is needed so that the Township can
reimburse OLHSA for the wages and benefits for Freda
Myre, Nutrition Aide, from CDA funds. Moved by
English, supported by Skylis to approve the contract
for the Nutrition Aide and authorize the Supervisor and
Clerk to sign. AYES: Spearing, Skylis, Arsen, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
B. OLHSA CONTRACT FOR SENIOR CENTER MANAGER. (2.0434)
Moved Spearing, supported by Arsen to authorize the
Supervisor to sign the contract* regarding the Senior
Center Manager when the contract is amended as follows:
Page 2, Section IV, The Agency's Responsibilities - add
Provision E: Abide by the Township's Personnel Policy
provision which limits carry forward vacation time to 1
week and,
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING MONDAY JUNE 9 1990
B. OLHSA CONTRACT FOR SENIOR CENTER MANAGER continued
Page 4, Section VIII, Paragraph D. Indemnification,
Sub - paragraph 2 - Delete the first clause which reads:
"Any failure by the other party or any of its officers,
directors, employees, volunteers or agents to perform
its obligations, either implied or expressed, in
connection with the operation of this Agreement."
ROLL CALL VOTE: AYES: Skylis, Arsen, Spearing, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
Discussion followed.
13. BALD MOUNTAIN ESTATES SUBDIVISION REVISED STORM WATER
MANAGEMENT PLANS
(2.0845) Clerk English read a communication* dated
May 29, 1990 from the Orion Township Planning
Commission regarding Bald Mountain Estates Subdivision
- Perry Acres No. 3 (PC -82 -8) storm water management
plans. Moved by English, supported by Spearing to
approve the storm water management plans for Bald
Mountain Estates Subdivision per the Orchard, Hiltz &
McCliment letter dated May 7, 1990. Discussion. AYES:
Arsen, Skylis, Spearing, Hall, English, Van Tassel.
NAYS: None. MOTION CARRIED.
14. GOLF LAKE SHORES ESTATES TENTATIVE PRELIMINARY PLAT
(2.1010) Clerk English read communication* from the
Orion Township Planning Commission dated May 29, 1990
regarding Golf Lake Shores Estates, Tentative
Preliminary Plat Approval (PC- 90 -22). Lengthy
discussion. Moved by Spearing, supported by English to
concur with the Planning Commission and to deny
approval of the Tentative Preliminary Plat for Golf
Lake Shores Estates Plat because it is not in
compliance with Township Ordinances. Further
discussion followed. AYES: Arsen, Skylis, Spearing,
Hall, English, Van Tassel. NAYS: None. MOTION
CARRIED.
15 REQUEST TO PURCHASE MONITER SET FOR CLERK'S OFFICE
(2.1300) Clerk English requested this matter be set
over to the next agenda so that further information can
be obtained.
10
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAY, JUNE 4, 1990
17. SMART AGREEMENT
(2.1350) Orion Township has been notified by the
Suburban Mobility Authority for Regional Transportation
(SMART) that it will receive $14,500 in Municipal
Credits. Funds may also be available from the Village
of Lake Orion Municipal Credits which could be used for
SMART bus tickets and charter service. Lengthy
discussion followed. Moved by English, supported by
Hall to authorize the distribution of Township
municipal credits as follows:
$ 2,000 - Bus Tickets
3,000 - Bus Charters
9.500 - Senior Van Program
$ 14,500 - Total Township Fund
and to authorize the Supervisor to sign the agreement
and forward it to SMART. Further discussion. AYES:
Spearing, Skylis, Arsen, Hall, English, Van Tassel.
NAYS: None. MOTION CARRIED.
19 PURCHASE OF FAX MACHINE I
(2.1825) After discussion is was moved by Arsen,
supported by Hall to authorize purchase of a Sharp UX-
170 Fax machine from OfficeMax at a cost of $797 plus
the cost of an additional phone line and hookup. AYES:
Arsen, Skylis, Spearing, Hall, English, Van Tassel.
NAYS: None. MOTION CARRIED.
20. REQUEST FOR HOLIDAY PAY
(2.2293) Moved by English, supported by Hall to
approve holiday pay for Memorial Day (May 28, 1990) for
Diane Dewey in the Treasurer's office (her absence the
day after the holiday being due to a family illness.)
AYES: Skylis, Spearing, Arsen, Hall, English, Van
Tassel. NAYS: None. MOTION CARRIED.
21. CORRESPONDENCE FROM ZBA RE: PROPOSED ORDINANCE 40
(2.2300) Moved by English, supported by Spearing to
authorize sending the revised Ordinance No. 40 '
regarding Earth Balancing and Excavating to the
attorney for review and recommendation. Discussion.
AYES: Arsen, Skylis, Spearing, Hall, English, Van
Tassel. NAYS: None. MOTION CARRIED.
CHARTER
REGULAR
TOWNSHIP
MEETING,
OF ORION BOARD
MONDAY. JUNE 9,
OF TRUSTEES MINUTES
1990
22. SOLICITATION REQUEST - PIRG IN MICHIGAN
(2.2520) After discussion is was moved by English,
supported by Spearing to authorize the request of PIRG
in Michigan (Public Interest Research Group in
Michigan) for door -to -door canvassing beginning June 5,
1990. AYES: Skylis, Spearing, Arsen, Hall, Enqlish,
Van Tassel. NAYS: None. MOTION CARRIED.
ADDITIONAL DISCUSSION ITEMS :(2.2770)
Trustee Spearing questioned whether funds had been given to the
Lions. A check has been sent.
Discussion occurred on the status of a Planning Commission
member.
' Trustee Skylis questioned the status of the Village request to
purchase Detroit water.
PUBLIC COMMENT
Clerk English read a letter* dated June 9, 1990 from
Jill Bastian, 913 Heights Rd., regarding the Wineman
Rezoning.
ADJOURNMENT
Moved by English, supported by Hall to adjourn the
meeting. AYES: All. NAYS: None. MOTION CARRIED.
THE MEETING ADJOURNED AT 10:20 P.M.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
Transcription:
Jane Shields
' THIS MEETING IS ON TAPE
*ON FILE IN THE CLERK'S OFFICE
11
12
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES ,
* M I N U T E S*
PUBLIC HEARING, MONDAY, JUNE 4, 1990
TOMMY'S LAKE SPECIAL ASSESSMENT DISTRICT
The Charter Township of Orion Board of Trustees held a
Public Hearing, Monday, June 4, 1990 at 8:00 p.m. at the Orion
Township Hall, 2525 Joslyn Road, Lake Orion, Michigan 48035.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel Trustee John Arsen
Clerk Marie E. English Trustee John Spearing
Treasurer Suzanne Hall Trustee James Skylis
ABSENT: Trustee David Rose
OTHERS:
Caroljean Tennant
Leon Harrison
Deborah Wilson
Peter McGrath
Mark Vaqi
Nicole Robertson
Jill Bastian
Ruth Puddists
Haig Neville
Eleanor Wolf
Leo Wolf
Charlotte Patterson
Carl Patterson
Fred Bond
Sgt. Kim Rossman
James Milford
David Turner
Marge Hodges
David Hodges
Geraldine Fletcher
Robert De Ridder
Rick Bassett
Clifton King
Jack Fletcher
David Brookmiller
Robert Warren
Joyce Lombardo
Dennis Brophy
Henry Wineman
'
Richard Komer
Sandra Dyl
Royal Marshall
PUBLIC HEARING CONVENED AT 8:00 P.M.
Supervisor Van Tassel stated the purpose of the Public
Hearing was to obtain public comment regarding the
formation of the proposed Special Assessment District
for the purpose of harvesting weeds on Tommy's Lake.
The following comments were made:
Robert De Ridder, 1435 Beach Dr., President of the
Tommy's Lake Homeowners Assoc., questioned who would
pay for having engineers look at the lake and for the
aerial survey.
Supervisor Van Tassel stated the law requires an
engineer prepare the necessary plans and
specifications. This cost will be included in the
Special Assessment.
Mr. De Ridder asked if there was an estimate of the '
cost.
13
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
PUBLIC HEARING, MONDAY JUNE 9, 1990 REGARDING TOMMY'S LAKE
Cont.
Supervisor Van Tassel stated the cost was estimated at
$500 to $600. She questioned Mr. De Ridder whether the
Boy Scout camp was to be included in the Special
Assessment Roll.
Mr. De Ridder stated the Boy Scout Camp wanted to be
included in the Special Assessment.
Hans Austermann, 1245 Beach Dr., questioned how the
amount of the Special Assessment would be divided among
property owners.
Supervisor Van Tassel stated that, as she understood
it, when the Special Assessment Roll was prepared, a
percentage would be allotted to the Boy Scout camp
because of the size of their frontage and the remaining
cost would then be divided equally among the lakefront
property owners, realizing that even though the DNR has
property that touches on the lake, they are not
' included in any Special Assessment District. The cost
would be divided by tax ID number and the opposite side
of the street would not be included.
Charlotte Patterson, 1975 Beach Dr., stated the cove on
the south end of the lake near her property cannot be
cut because the lake is too shallow. She questioned
whether she would be included in the Special Assessment
if that area could not be cut.
Supervisor Van Tassel stated if the area near a
property owner's frontage cannot be entered by the weed
harvester, there would be some charge but the charge
would be less than for other property owners. That
charge will be determined when the Special Assessment
Roll is prepared. She stated that if the residents
approve going ahead with Special Assessment Roll at
this time, the Public Hearing for approval of the Roll
could be held June 18. Each resident would receive a
notice telling them what their assessment would be and
would be given a chance to comment at the June 18
Public Hearing.
Richard Gotowicki, 1063 Beach Dr., stated that his
property was not originally lake frontage but that he
' and his neighbor, Tom Mackie, 1055 Beach, had a channel
dug to access the lake and are now paying taxes on the
IV
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
PUBLIC HEARING, MONDAY, JUNE 9, 1990, REGARDING TOMMY'S LAKE
Cont.
95 foot access lot. He questioned whether he and Mr.
Mackie were considered lake frontage. Mr. Gotowicki
also stated the harvester could not come into the
channel because it is too shallow.
Supervisor Van Tassel stated that if an owner has
access to Tommy's Lake they would be included in the
Special Assessment Roll. Mr. Gotowicki's share of the
cost would be determined when the Assessment Roll is
prepared.
David Hodges, representing Marge Hodges,
1215 Beach Dr., stated he did not feel the weed
harvesting would be beneficial to residents. He
explained how the weed problems are caused by sediment
buildup and stated a better longterm solution would be
dredging the lake to prevent weeds. He asked the Board
to consider dredging rather than weed harvesting.
Supervisor Van Tassel stated if the residents of '
Tommy's Lake wished to explore the dredging, that is
something that can be done. She felt that it was too
late to get dredging done in 1990 but that the engineer
could get cost estimates for 1991 season.
Mr. Hodges questioned the source of funds to pay for
the Special Assessment project.
Supervisor Van Tassel stated that depending on the cost
of the projects, the funds might come from bonds or be
borrowed from some other source. Interest fees would
have to be paid.
Mr. Hodges asked if the Board would consider other
possibilities before proceeding with the weed
harvesting.
Supervisor Van Tassel said it was not possible to delay
because the homeowners association has already
contracted with a weed harvesting company. A decision
must be made to allow the harvesting company to do the
work or move on to another job.
Mr. Hodges asked if the Township is going to pay any of
the costs for the 15 foot access lot for the lake. ,
Supervisor Van Td96 @3 stated the Township and the DNR
will not pay any of the costs.
15
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
PUBLIC HEARING, MONDAY JUNE 4, 1990 REGARDING TOMMY'S LAKE
Cont.
Mr. Hodges questioned the position of the Boy Scout
camp in regards to paying for the project.
Supervisor Van Tassel stated she understood the Boy
Scouts are willing to pay towards the harvesting.
Mr. Hodges asked whether the DNR would share the cost.
Supervisor Van Tassel stated the State will not
participate in any Special Assessment for any purpose.
There is no access to the lake on the DNR property.
Mr. Hodges questioned whether is was fair for the
owners of 55% of the frontage on the lake to only pay
10% of the cleanup. He felt the costs should be
divided equally among all property owners who have
access.
Jill Bastian, 913 Heights Rd., questioned who owned the
' lakes in Orion Township.
Supervisor Van Tassel said that under State Law the
State of Michigan has jurisdiction over all the inland
lakes.
Jill Bastian, 913 Heights Rd., suggested the
possibility that the extra taxes lake owners pay could
be used for care of the lakes. Discussion followed.
Richard Gotowicki, 1063 Beach Dr., again questioned the
costs for the project.
Supervisor Van Tassel stated the weed harvesting (two
cuttings) would cost approximately $9,000 plus a small
cost for reimbursing the Township for mailing notices,
plus the engineering costs. The total cost came to
approximately $11,000.
Rick Bassett, Clinton Valley Council Boy Scouts, stated
the Council is very interested in the weed harvesting
of the lake.
Clerk English read a letter* from Peter and Carolyn
Dumeah, 1237 Beach in opposition to the weed harvesting
' on Tommy's Lake.
16
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES I
PUBLIC HEARING, MONDAY, JUNE 4, 1990, REGARDING TOMMY'S LAKE
Cont.
Supervisor Van Tassel asked if anyone else wished to
speak at the Public Hearing. There were no further
comments.
-----------------------------------------------------------------
PUBLIC HEARING WAS DECLARED HELD AT 8:35 P.M.
----------------------------------------------------------- - - - - --
Respectfully submitted
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
Transcribed by:
Jane Shields
THIS MEETING IS ON TAPE
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1
CHARTER TOWNSHIP OF ORION BOARD
* M I N U T E S*
REGULAR MEETING, MONDAY, JUNE
OF TRUSTEES
18, 1990
The Charter Township of Orion Board of Trustees held a
Regular Meeting, Monday, June 18, 1990 at 7:00 p.m. at the Orion
Township Hall, 2525 Joslyn Road, Lake Orion, Michigan 48035.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
Clerk Marie E. English
Treasurer Suzanne Hall
OTHERS:
Richard Gotowicki
Mrs. R.C. Patterson
Norm Geltz
Dennis Brophy
Thomas Holmes
David Brockmiller
Gail Connolly
Dean Blauser
Nicole Robertson
Pat Haynes
Joe Heitian
Hans Austermann
Trustee John Arsen
Trustee John Spearing
Trustee David Rose
Trustee James Skylis
Marvin Groat
Jack Fletcher
Bette Geltz
Fred Bond
James Milford
Leon Harrison
Eleanor Wolf
Jill Bastian
Arthur Des Rosiers
Vern Haynes
Sandra Dyl
Tom Mackie
MEETING CONVENED AT 7:00 P.M.
Mr. R.C. Patterson
Mrs. J. Fletcher
R. De Ridder
James Bissell
Deborah Wilson
Mark Vagi
Bonnie Stickney
Dennis Hart
Jim Qualls
Mary Heitian
Joyce Lombardo
The Pledge of Allegiance was led by Treasurer Hall, and
the Meditation was given by Trustee Skylis.
A. MINUTES OF REGULAR MEETING. (1.0099) Moved by
Hall, supported by Skylis to approve the Minutes of the
Regular Meeting of Monday, June 4, 1990 as submitted.
AYES: ALL. NAYS: NONE. MOTION CARRIED.
B. MINUTES OF PUBLIC HEARING. (1.0143) Moved by
Spearing, supported by Hall to approve the Minutes of
the Special Assessment Public Hearing regarding Tommy's
Lake as submitted. AYES: ALL NAYS: NONE. MOTION
CARRIED.
Supervisor Van Tassel introduced Attorney Al Motzney.
representing Booth Patterson. Trustee Arsen arrived at 7:05 p.m.
23
24
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES ,
REGULAR MEETING, MONDAY, JUNE 18,_1990
2. BILLS
(1.0205) Discussion occurred on the following bills:
Page 1, Booth, Patterson, Lee, Karlstrom, Attorney
fees, Clinton River & Attorney fees 5/90.
Page 2, Eric McCann, Attorney fees.
Page 3, Dickinson, Wright, Moon, Attorney fees.
Moved by Hall, supported by Spearing to approve the
bills for payment as follows:
General
$ 34,263.62
Fire
5,592.87
Water
3,524.89
Sewer
6,251.06
Other
280.50
Police
1,140.20
TOTAL
$ 51,053.14
ROLL CALL VOTE:
AYES: Skylis, Arsen, Rose, Spearing,
'
Hall, English,
Van Tassel. NAYS: None. MOTION
CARRIED.
3. ATTORNEY MATTERS _
A. FIRST SECURITY REZONING REQUEST. (1.0473) Clerk
English read letters* received from James Ingram,
910 Pine Tree, and Margaret Haglund, 665 Alan Dr.,
opposing approval of the First Security rezoning
request.
The Board received documents regarding this case from
the Township Attorney just prior to the meeting. After
discussion on the need to review the documents and to
hear public comment a motion was made by English, and
supported by Spearing to set the First Security
rezoning matter over to the July 2, 1990 Township Board
Meeting.
Leon Harrison, 746 E. Silverbell, questioned whether
the public would be allowed to see the documents before
the July 2 meeting.
Supervisor Van Tassel stated that copies of the ,
documents received from the Attorney regarding the
25
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY,- JUNE 18_,_1990_
FIRST SECURITY _cont ...
_
First Security rezoning request would be made available
to the public in the Township offices beginning
Tuesday, June 19, at 8:30 a.m.
ROLL CALL VOTE: AYES: Arsen, Rose, Spearing, Skylis,
Hall, English, Van Tassel. NAYS: None. MOTION
CARRIED.
B. ORION VS MATHISEN. (1.0773) Glenn Bartoni,
Building Official, answered questions from the Board
regarding his report* on problems at 631 Brown Road.
This property is owned by William Mathisen. There has
been illegal filling of wetlands and paving without a
permit. A Complaint for Injunctive Relief was issued
in October of 1988 on this property due to violations
of Ordinance #55. To date Mr. Mathisen has not complied
with the Injunction. Mr. Bartoni requested the Board
approve Enforcement of the Injunction. Discussion
followed.
Moved Spearing, supported by Hall to authorize the
Attorney to take the action necessary to have
compliance with the Injunction. AYES: Rose, Spearing,
Skylis, Arsen, Hall, English, Van Tassel. NAYS: None.
MOTION CARRIED.
PUBLIC COMMENT:
(1.1170) Jill Bastian, 913 Heights Rd., read a letter*
dated June 15, 1990 regarding the rezoning requests of
First Security Savings Bank and Wineman Investment
Company. Discussion followed.
(1.1715) Eleanor Wolf, 835 E. Clarkston Rd., and Leon
Harrison, 746 E. Silverbell Road, also commented at
this time regarding the First Security rezoning
request, specifically, regarding information on an FDIC
regulation prohibiting a Savings and Loan from owning
and developing land.
Further discussion followed. The Township Board will
be supplied with information on the FDIC regulation
concerning limitations on property ownership and
development by Savings and Loans.
' Bonnie Stickney, 731 E. Clarkston Road, questioned the
Board's actions on this matter.
26
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING MONDAY. JUNE _1_ 1990
4. DPW MATTERS NONE
5. FIRE DE13ARTMENT MATTERS NONE
6. PARK AND RECREATION MATTERS
A. REQUEST TO PURCHASE MOBILE PHONE FOR SENIOR VAN.
(1.208E.) Mark Vagi, Director of Parks and Recreation,
addressed the Board regarding the purchase of a mobile
phone for the Senior Van to be used in the event of
emergency. Lengthy discussion followed including the
possibility of using a CB radio instead of a mobile
phone 'to reduce costs. There was also discussion of
problems in obtaining proper insurance from Lake Orion
Schools to put the Senior Van on the road.
Pat Haynes, 500 Conklin, addressed the Board in
opposition to use of a CB radio.
Moved by English, supported by Arsen to request more
information regarding a communication device for the
Senior Van and not to purchase anything until the '
Senior Van is placed in service and, as part of the
investigation, find out if there is a CB Band that is
monitored at the school bus garage. Further discussion
followed.
Jill Bastian, 913 Heights Rd., reqarding the possible
uses of the mobile phone. Discussion followed.
The Motion was reread. ROLL CALL VOTE: AYES:
Spearing, Rose, Arsen, Skylis, Hall, English, Van
Tassel. NAYS: None. MOTION CARRIED.
C. AWARD BID FOR CLARKSTON ROAD SAFETY PATH (1.3254)
Mark Vagi, Director of Parks and Recreation, answered
questions regarding the bid recommendation for the
pavement portion of the Clarkston Road Safety Path.
Upon recommendation of Orchard, Hiltz & McCliment a
motion was made by Hall, supported by Skylis to award
the asphalt contract for the Clarkston Road Safety Path
to Asphalt Specialists, Inc., Oak Park, in the amount
of $115,618.90.
Bonnie Stickney, 731 E. Clarkston Road, commented on
this item.
ROLL CALL VOTE: AYES: Rose, Arsen, Spearing, Skylis, '
Hall, English, Van Tassel. NAYS: None. MOTION
CARRIED.
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES —
REGULAR MEETING,__MONDAY, JUNE 18, 1990_
PARKS AND RECREATION MATTERS cont ...
AWARD BID FOR BOARDWALK. (1.3515) Mark Vagi, Director
of Parks and Recreation, also answered questions from
the Board regarding bids for the boardwalk portion of
the Safety Path. Discussion followed. Upon
recommendation of Orchard, Hiltz 6 McCliment a motion
was made by English, supported by Hall to award the
contract for Alternate Division B for the boardwalk
portion of the Safety Path to AVS Construction
Specialists, Inc. of Auburn Hills in the amount of
$64,816. AYES: Skylis, Rose, Arsen, Spearing, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
THE ORION TOWNSHIP BOARD HELD A PUBLIC HEARING AT 8:00 P.M.
REGARDING A SPECIAL ASSESSMENT FOR TOMMY'S LAKE WEED HARVESTING.
THE REGULAR MEETING RECONVENED AT 8:22 P.M.
---------------------------------------------------------- - - - - --
16. CONFIRM TOMMY'S LAKE SPECIAL ASSESSMENT
(1.3700) After discussion a Motion was made by
English, supported by Hall to confirm the Special
Assessment Roll for weed harvesting on Tommy's Lake as
presented with the following modifications, that
Assessment Roll numbers 8 and 9, 19 and 20, 39 and 40
be combined and treated as 3 numbers, rather than 6;
and, that the property owner of lots 1 -19 of the
Pontiac Boy Scout Subdivision be charged $670; and,
that the Bay Scout Camp be assessed $1,360. AYES:
Spearing, Arsen, Rose, Sky1is, Hall, English,
Van Tassel. NAYS: None. MOTION CARRIED.
The Township Board temporarily recessed from 8:25 p.m. until
8:37 p.m.
6. PARKS AND RECREATION MATTERS CONT...
B. APPROVE BALLFIELD LIGHTING SPECIFICATIONS. Mark
Vagi, answered questions from the Board regarding the
ballfield lighting specifications* and bid sheets which
were prepared by Jennings Corporation for the lighting
of Jaycee and Hubbard Fields and lighting for
27
i
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES — MINUTES
REGULAR MEETING,--.MONDAY,—JUNE-16, 199U'-
BALLFIELD LIGHTING _cont _...
the adjacent: parking lot. Discussion followed on the
specifications (Wood Poles) and questions were raised
concerning having the company which prepared the
specifications also bid on the project.
Dean Blauser, answered questions from the Board. He
stated that the Jennings Company would not be bidding
directly on the project. As a manufacturer's
representative, they would be giving prices to
electrical contractors and, also, supplying the
materials to the contractor.
Further discussion followed on some of the details of
the specifications including liquidated damages (page
5), Automobile Property damage, (page 6, Items E & F),
Progress payments (page 7, Item A -2) . Questions were
also raised concerninq placement of the lights and
concerning having Jennings equipment required in the
specif.cations.
Moved by Enqlish, supported by Spearing to refer the
specifications to John Hiltz, Orchard, Hiltz &
McCliment, for a more complete and generic set of
specifications and place this, item on the July 2, 1990
Board aqenda. Further discussion followed including
comments by Mr. Blauser on pole location. AYES:
Arsen, Skylis, Rose, Spearing, Hall, English,
Van Tassel. NAYS: None. MOTION CARRIED.
7. POLICE MATTERS
8. ASSESSING DEPARTMENT MATTERS
REQUEST TO ATTEND SEMINAR. (1.5950) Request was made
for the Board to grant approval for Kim Furguson to
attend I.A.A.O. Course 202, Advanced Income, at the
Royal Oak campus of Oakland Community College. Moved
by Hall, supported by Arsen to approve the request and
to pay the costs of $392 upon successful completions of
the course. AYES: Rose, Skylis, Spearing, Arsen,
Hall, English, Van Tassel. NAYS: None. MOTION
CARRIED.
1
29
CHARTER
TOWNSHIP
OF ORION
BOARD OF
TRUSTEES MINUTES
REGULAR
MEETING,
MONDAY,
JUNE 18,
1990
—
9. BUILDING DEPARTMENT MATTERS
APPOINTMENTS TO CONSTRUCTION BOARD OF APPEALS.
(1.6139) Glenn Bartoni, Building Official, answered
questions from the Board regarding vacancies on the
Construction Board of Appeals which will occur on
June 30, 1990. Moved by English, supported by Hall to
reappoint Larry Ericksen to the Construction Board of
Appeals for a term ending June 30, 1999 and to appoint
Gerald Sweetland for a term ending June 30, 1995.
Discussion followed. AYES: Spearing, Arsen, rose,
Skylis, Hall, English, Van Tassel. NAYS: None.
MOTION CARRIED.
Trustee Spearing questioned the status of property at
511 Bellevue Ave.
------------------------------------------------------------ - - - - --
Bonnie Stickney, 731 E. Clarkston Road, asked Mr. Bartoni to look
into the condition of the roadside on East Clarkston Road near
the K -Mart. She also questioned the status of the Orion House
sign.
----------------------------------------------------------- - - - - --
11. NORTH AREA CITIZENS CONFERENCE WISHES TO ADDRESS THE BOARD
(2.0110) Mary Heitjan, representing the North Area
Citizens Conference, addressed the Board regarding the
Wineman rezoning approval of May 21, 1990. The North
Area Citizens Conference is concerned about the manner
in which the approval was granted and the "loose ends"
which the Citizens group feel have not been addressed.
Mrs. Heitjan questioned whether correct procedures were
followed or were there technical difficulties and was
there a substantial difference in the two applications.
Mrs. Heitjan requested copies of both requests as they
were amended and as they were granted.
Supervisor Van Tassel stated that the requested
information on both requests will be made available.
12. LEON HARRISON WISHES TO ADDRESS THE BOARD.
(2.0270) Leon Harrison, 796 E. Silverbell Rd.,
djjre55ej the Bt -rd with 5everdl ljllentii rr_ {.1rdiIIi
3Q
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES — — MINUTES '
REGULAR MEETING. MONDAY, JUNE 18, 1990
LEON HARRISON _cont: ...
PC -89 -63 First Security Savings Bank rezoning request
(85.94 acres on North Silverbell Road). Those
questions were outlined in a letter* dated June 18,
1990.
After discussion the following questions were referred
to the Attorney:
1. What is the date of record for the purchase of
property involved in the PC -89 -63 by First Security
Savings Bank? ( "The name being critical in this regard
that the property deed was purchased under some other
name or some other offices. ")
2. Is First Security Savings Bank eligible to develop
the property based upon when the property was purchased
and upon the law under which the Bank was chartered?
3. Has First: Security Savings Bank filed the necessary
forms or application under the Federal Regulations to
be allowed to develop land anywhere? '
Trustee Arsen also questioned, "What type of bank is
First Security and how is it chartered ?"
Eleanor Wolf, 835 E. Clarkston Rd., addressed the Board
regarding the date of purchase of the property and
whether the Bank has proceeded under proper rules.
Further: discussion followed.
13.—DENNIS HART WISHES TO ADDRESS THE BOARD RE: PAVING _OF_MAYBEE
(2.1097) Dennis Hart, 4424 Maybee Road, addressed the
Board :egardinq his attempts over the past 10 months to
have the paving of Maybee completed in front of his
property. He questioned the status of the project.
Mr. Hart has also spoken to Dave Allyn at Oakland
County regarding the status of the paving project.
Supervisor Van Tassel stated that John Hiltz, Township
Engineers, has the permit from Oakland County Road
Commission, he has received confirmation from
Indepe -idence Township, and the contractor is supposed
to being working on the project June 20, 1990.
Discussion followed. I
31
' CHARTER
REGULAR
TOWNSHIP
MEETING,
OF ORION BOARD OF
MONDAY, JUNE 18,
TRUSTEES MINUTES
1990
19. REQUEST FOR _25._MPH_SPEED LIMIT ____PINE_TR
(2.1988) A petition was received from Pine Tree School
employees and parents who are concerned about the
safety of students who walk to Pine Tree School. They
would like the speed limit on Pine Tree south of
Heights Road to be reduced from 30 mph to 25 mph.
Moved by Arsen, supported by Hall to adopt the
following Resolution regarding 25 MPH speed limit on
Pine Tree south of Heights Road:
RESOLUTION
WHEREAS, many young children attending Pine Tree Elementary
School walk along Pine Tree south of Heights Road to
get to school,
WHEREAS, Pine Tree between Heights and Clarkston Roads is a very
' busy road, and
WHEREAS, Heights Road, both east and west of Pine Tree, and Pine
Tree north of Heights Road all have 25 mph speed
limits, and
WHEREAS, a number of Pine Tree School employees and /or parents
have expressed concern about the safety of students who
walk alonq Pine Tree and have petitioned to have a
lower speed limit on Pine Tree.
NOW THEREFORE BE IT RESOLVED, that the Orion Township Board of
Trustees does hereby indicate its concern regarding the
safety of young children walking along Pine Tree, and
BE IT FURTHER RESOLVED, that the Board of Trustees supports the
school employees and parents of Pine Tree Elementary in
their request for a 25 mph speed limit on Pine Tree
south of Heights Road.
Jill Bastian, 913 Heights Road, addressed the Board on
this item.
ROLL CALL VOTE: AYES: Skylis, Rose, Spearing, Arsen,
Hall, English, Van Tassel. NAYS: None. MOTION
' CARRIED. Discussion followed.
3%
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAY, JUNE 18, 199
15_ REQUES7'_ FOR _STREET CLOSURE _= ORBIT DRIVE _
(2.1890) Moved by English, supported by Rose to
approve the :request of the Keatington Woods Homeowners
Association to close Orbit Drive from Armstrong Drive
to Mercury Drive for their Annual Block Party on
Saturday, July 28, 1990 from 2:30 p.m. until dark and
to authorize the Clerk to notify the DPW Director, Fire
Chief, and the Oakland County Sheriff's Department.
AYES: Arsen, Spearing, Skylis, Rose, Hall, English,
Van Tassel. NAYS: None. MOTION CARRIED.
17_ ADULT FOSTER _CARE HOME LICENSE, 829 N. LAPEER_ RD. _-
(2.19e8) Moved by English,, supported by Rose to
authorize the Clerk to complete Section No. 10 of a
License Application Notice from the Michigan Department
of Social Services, Bureau of Regulatory Services for
an AFC Family Home located at 829 N. Lapeer Rd.(09 -02-
126 -023), north of Indianwood; this section being an
indication that there is no existing similar or another
proposed facility within 1500 feet which is the legal
limitation set by law. AYES: Rose, Skylis, Arsen, '
Spearing, Hall, English, Van Tassel. NAYS: None.
MOTION CARRIED.
18_ SOLICITATION_ REQUEST, CLEAN-WATER-ACTION_
(2.2103) Moved by English, supported by Rose to
authorize the solicitation :request from Clean Water
Action to conduct a door -to -door canvass for
contributions and signatures on a support statement to
begin after June 1, 1990 and to continue through
August 31, 1990. AYES: Skylis, Arsen, Spearing, Rose,
Hall, English, Van Tassel. NAYS: None. MOTION
CARRIED.
19. ENGINEER'S ESTIMATE ON ELKHORN LAKE
(2.2210) Moved by English, supported by Rose to set a
Public Hearing for July 2, 1990 at 8:00 p.m. to receive
comment on preliminary cost estimates for weed
harvesting on Elkhorn Lake. AYES: Skylis, Arsen,
Spearing, Rose, Hall, English, Van Tassel. NAYS:
None. MOTION CARRIED. NAYS: None. MOTION CARRIED.
7
u
33
CHARTER
TOWNSHIP
OF ORION
BOARD
OF TRUSTEES MINUTES
'
REGULAR
MEETING
MONDAY
JUNE 18
1990
20. SOLID WASTE LICENSES. ORDINANCE NO. 73
(2.2270) Moved by English, supported by Skylis to
authorize sending decals to Clarkston Disposal for the
trucks specified in their application form* as
submitted in accordance with Ordinance #73 which
regulates the business of hauling solid waste in the
Township. Discussion followed. AYES: Arsen, Spearing,
Rose, Skylis, Hall, English, Van Tassel. NAYS: None.
MOTION CARRIED.
21. REVISED APPORTIONMENT OF COST FOR CLINTON RIVER SPILLWAY _
(2.2500) The Township has received communication* from
Thomas Welch, Macomb County Public Works Commissioner,
regarding a tentative revised apportionment of the
costs of operation and maintenance for the Clinton
River Spillway. A Public Hearing on this matter is
scheduled for June 28, 1990 at 10:00 a.m. at the Office
of the Macomb County Public Works Commissioner, 115
South Groesbeck, Mt. Clemens, Michigan.
Allen Motzney, Township Attorney, commented that the
apportionment is lower than the previous apportionment.
Moved by English, supported by Skylis to receive and
file the communication. AYES: All. NAYS: None.
MOTION CARRIED.
22. INTERGOVERNMENTAL CONTRACT - RE: INSURANCE
(2.2656) An Intergovernmental Contract* for Municipal
Group Self- Insurance Pool was received from Burnham and
Flower. Discussion followed on the need to appoint a
member representative to the Insurance Pool.
Moved by English, supported by Hall to approve the
Intergovernmental Contract for Municipal Group Self -
Insurance Pool and to authorize the Supervisor and
Clerk to sign on behalf of the -Township. AYES:
Spearing, Rose, Skylis, Arsen, Hall, English,
Van Tassel. NAYS: None. MOTION CARRIED.
Moved by Skylis, supported by Rose to appoint
Clerk Marie English as the member representative and
' Trustee David Rose as the alternate to the Insurance
Pool. AYES: Spearing, Arsen, Rose, Skylis, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
3 1{
CHARTER TOWNSHIP OF ORION BOARD OF lRUSTEB9 •MINUTES '
REGULAR MEETING, MONDAY, JUNE 18, 1990
10._ INSURANCE PROPOSAL TO_ PREPARE _BIDS FOR INSURANCE
(2.3075) After discussion a Motion was made by Hall,
supported by Spearing to approve the amended proposal*
for Risk Management Services of Haig Neville Associates
for Phases I, II, and III at a cost not to exceed
$7,000 with the cost to be apportioned among the
various funds. Further discussion followed. AYES:
Arsen, Skylis, Rose, Spearing, Hall, English,
Van Tassel. NAYS: None. MOTION CARRIED.
23. CO -OP PAY SCALE
(2.3400) After discussion a Motion was made by
English, supported by Spearing to approve a pay scale
for students employed through the Lake Orion Community
Schools Co -op Program as follows:
$4.00 per hour starting pay
$4.25 per hour after six months
$4.50 per hour after one year
with the increases to be granted after evaluation '
and /or recommendation of the Department Head. AYES:
Spear'. -ng, Rose, Skylis, Arsen, Hall, English, Van
Tasse... NAYS: None. MOTION CARRIED. Discussion
followed on bringing present co -op, Barb Hadden, up -to-
date on this scale.
29_ REQUEST TO ATTEND NATaT CONFERENCE
(2.3680) After discussion, a Motion was made by
Spear'ng, supported by Rose to authorize any elected
Township official to attend the Annual Conference of
the National Association of Towns and Townships being
held September 5 -7, 1990 in Washington, D.C. and to pay
the necessary fees and expenses. AYES: Skylis, Arsen,
Rose, Spearing, Hall, English, Van Tassel. NAYS:
None. MOTION CARRIED.
25.- __TUITION REIMBURSEMENT REQUEST
(2.3953) Moved by Hall, supported by Rose to reimburse
Diane Dewey in the Treasurer's Office $165.80 for
successful completion of previously approved Lotus 123
and Accounting I courses. AYES: Spearing, Arsen,
Skylis, Rose, Hall, English, Van Tassel. NAYS: None. I
MOTION CARRIED.
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, JUNE 18, 1990
ADDITIONAL DISCUSSION ITEMS
PLANNING COMMISSION MEMBER:
(2.4200) Trustee Skylis questioned the status of
Planning Commission Member Gerald Sweetland. After
discussion on procedures to be followed, a Motion was
made by Spearing, supported by Skylis to authorize
advertising to fill a vacancy on the Planning
Commission when a letter of resignation is received.
Discussion followed on Section 29.02 -B of the Zoning
Ordinance regarding membership.
The Motion was amended to read: Moved by Spearing,
supported by Skylis to authorize advertising to fill a
vacancy on the Planning Commission when a letter of
resignation is received and, if the letter of
resignation is not received by June 22, 1990, to then
write a letter to the Planning Commission Member
regarding his intentions. AYES: Rose, Arsen, Skylis,
Spearing, Hall, English, -'Van Tassel. NAYS: None.
MOTION CARRIED.
-------------- -------------- ------------------------
(2.5015) Treasurer Hall discussed the General Motors
refund.
(2.5130) Judy White, 2723 Calais, addressed the Board
regarding profanity used at a past meeting by a member
of the audience. Discussion followed on means of
controlling unacceptable conduct at Board Meetings.
(2.6280) Bonnie Stickney, 731 E. Clarkston Rd.,
discussed the following subjects:
1. Political contributions to candidates for Township
Board.
2. The need for a Tree Ordinance; also, tree cutting
by developers.
3. Methods for making fair lake assessments.
4. Complaints about Detroit Edison service.
5. (3.005) Filling the Planning Commission vacancy.
35
3a
CHARTER TOWNSHIP OF ORION',BOARD OF TRUSTEES NINUTEB '
REGULAR MEETING,__MONDAY1 JUNE 18, 1998,
ADJOURNMENT
Moved by Spearing, supported by Skylis to adjourn the
meeting. MOTION CARRIED.
THE MEETING ADJOURNED AT 10:40 P.M.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
Transcribed by:
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, JUNE 18, 1990
TOMMY'S LAKE SPECIAL ASSESSMENT ,
The Charter Township of Orion Board of Trustees held a
Public Hearing, Monday, June 18, 1990 at 8:00 p.m. at the Orion
Township Hall, 2525 Joslyn Road, Lake Orion, Michigan 48035.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
Trustee
John
Arsen
Clerk Marie E. English
Trustee
John
Spearing
Treasurer Suzanne Hall
Trustee
David
Rose
Dennis Brophy
Trustee
James
Skylis
OTHERS:
Richard Gotowicki
Marvin Groat
Mr. R.C. Patterson
Mrs. R.C. Patterson
Jack Fletcher
Mrs. J. Fletcher
Norm Geltz
Bette Geltz
R. De Ridder
Dennis Brophy
Fred Bond
James Bissell
Thomas Holmes
James Milford
Deborah Wilson
David Brockmiller
Leon Harrison
Mark Vagi
Gail Connolly
Eleanor Wolf
Bonnie Stickney
Dean Blauser
Jill Bastian
Dennis Hart
Nicole Robertson
Arthur Des Rosiers
Jim Qualls
Pat Haynes
Vern Haynes
Mary Heitjan
Joe Heitjan
Sandra Dyl
Joyce Lombardo
Hans Austermann
Tom Mackie
'
37
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
PUBLIC HEARING MONDAY JUNE 18 1990 REGARDING TOMMMY'S LAKE
PUBLIC HEARING CONVENED AT 8:00 P.M.
Supervisor Van Tassel stated the purpose of the Public
Hearing was to obtain public comment regarding the
confirmation of the Special Assessment Roll for weed
harvesting on Tommy's Lake.
The following comments were made:
John Danielson, Vice President of Clinton Valley
Council Boy Scouts, presented a written protest to the
Board against what he felt was tax discrimination
against the Boy Scouts in regards to the proposal. He
felt that the property on Tommy's Lake had been
assessed on a uniform basis except in the case of the
Boy Scout Camp. He felt the assessment of $2030 on the
Camp was too high since the Scout Camp is a nonprofit
organization which only uses 100 yards of lake
frontage. He stated the Council is willing to pay an
appropriate amount more than other property owners.
' Mr. Danielson requested the Board not confirm the
Assessment Roll. He also requested a uniform
assessment be established which is the same for each
property owner. The Council would be willing to pay an
assessment based on Sidwell numbers. In view of the
amount of acreage which they own in back of the lake,
they would also be willing to take an arbitrary
assignment of 1 or 2 additional Sidwell numbers.
Supervisor Van Tassel stated the assessment was done
looking at the amount of frontage and determining
benefit. In the opinion of the Assessor, if there was
one residence on the lot there was one benefit. All of
the residential lots have one assessment. Discussion
followed.
Charlotte Patterson, 1975 Beach Dr., Lots 57 and 58
questioned the Assessment on Lot 58 because the weed
harvester cannot access that property.
Supervisor Van Tassel stated the Patterson's lots are
Numbers 8 and 9 on the Assessment Roll. Since one of
those lots is vacant, it was recommended that the
Pattersons pay for only one lot. The Supervisor made
the same recommendation for Numbers 19 and 20 (Rebel),
' and also for Numbers 39 and 90 (Hodges) because all of
these property owners have two lots but each has only
one residence.
CHARTYR TOWNSHIP OF ORIGH' DOARD OF TRUSTEES MINUTES '
PUBLIC HEARIW, MONDAY JUNJ 18 1990 , REGhRDWO TOJONY'S LAKE
Cont.
Jack Spencer, 1285 Beach Dr., felt the Boy Scout Camp
should'd, pay their fair share because they own 40% of the
frontage.
Richard Gotowicki, 1063 Beach Dr., questioned how the
assessment was determined on his property which was
originally landlocked. Mr. Gotowicki stated he is
paying taxes on a 45 foot access lot on which he had a
channel dredged. The weed harvester is not able to go
into that area. He felt he should not be assessed for
lake frontage when he lives on a channel. Mr. Gotowicki
also questioned whether anyone else who lives on a
channel has to pay taxes as cake frontage.
Supervisor Van Tassel stated that Mr. Gotowicki owns
Numbers 2 and 4 on the Assessment Roll. The canal (or
channel) goes along the side of Lot Numbers 1, 2, and
3. The Board has the option to approve the Roll as
presented, modify the Roll and approve it, or reject the
Roll and ask that it be redrawn.
Mr. Gotovicki, again questioned whether there was a '
similar problem anywhere else or if there is a channel
or canal that the people are paying for. He feels
there is not.
Supervisor Van Tassel, stated there are no Special
Assessments for weed harvesting. There is a similar
problem on Dollar Bay in Lake Orion and there are other
property owners on canals who pay for lake access.
Discussion followed. Mr. Gotowicki was informed that
he could come to the assessing office and have the
access lot made a part of the rest of his parcel. If
the lots were combined, he would only get one tax bill.
Recommendation was made that properties 8 and 9
(Patterson), 19 and 20 (Rebel), 39 and 40 (Hodges) be
combined and pay one assessment. It was also
recommended that Boy Scout Camp pay the equivalent of
three assessments which is $585 as opposed to $1360 as
outlined. Since lots 1 -19, property which abuts
Clarkston Road, has been sold to another owner, it was '
recommended that the new owner pay $670.
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
PUBLIC HEARING, MONDAY JUNE 18 1990, REGARDING TOMMY'S LAKE
Cont.
Supervisor Van Tassel asked if anyone else wished to
speak at the Public Hearing regarding the Assessment
for weed harvesting on Tommy's Lake. There were no
further comments.
-----------------------------------------------------------------
PUBLIC HEARING WAS DECLARED HELD AT 8:35 P.M.
------------------------------------------- ---------------- -- - - --
Transcribed:
Jane Shields
THIS MEETING IS ON TAPE
CHARTER TOWNSHIP OF
* M I
REGULAR MEETING,
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
ORION BOARD
N U T S *
MONDAY, JULY
OF TRUSTEES
2, 1990
The Charter Township of Orion Board of Trustees held a
Regular Meeting, Monday July 2, 1990 at 7:00 p.m. at the Orion
Township Hall, 2525 Joslyn Road, Lake Orion, Michigan 48035
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
Clerk Marie E. English
Treasurer Suzanne Hall
ABSENT: Trustee John Arsen
OTHERS:
Susan Galeczka
Dorothy Nice
Jim Dillard
Brian Clark
Larry Krzyzanowski
Dan Comstock
Evelyn Howe
Jack Iwema
B.J. Griffin
Richard Krywick
Jim Marleau
Mike Pudists
Gary Banghart
Helen Parker
Murray Nice
Winifred Brinkmann
Paul Harding
Jerry Moon
Pam Comstock
Dwight Pugh
Tom Middleton
Diane Hennessy
Bill Schramm
Lori Barker
Ruth Pudists
David Lindquist
Trustee John Spearing
Trustee David Rose
Trustee James Skylis
Robin Powers
Ron Price
James Milford
Gerrie Harding
Thaddeus Marcola
Ernest Howe
John Spokaeski
George Findlay
Arthur DesRosiers
Nicole Robertson
Steve Barker
Jim Vigne
Mary Ward
39
40
CHARTER TOWNSHIP
OF ORIOK BOARD OF
TRUSTEES NuINUTES
REGULAR MEETING,
MONDAY, JUDY 2. 1990
,
OTHERS cont ...
Royal Marshall
Dan Myslakowski
Shari Fox
Raymond Stewart
Gerry Chevrier
Tom Greene
Deborah Wilson
Sandra Dyl
Barbara Schmid
Janet MacFarlane
Thomas Hammond
Albert Gladner
Clifton Kind
Leon Storm
Leon Harrison
Gloria Dunning
John Jones
Carolyn Jones
Jill Bastian
Mick Carry
George Locke
Ken Hulit
Sgt. Kim Rossman
Bonnie Stickney
Eleanor Wolf
Bob Ford
Marilynne Burton - Ristau
Betty Ford
Mark Vagi
Nick Christi
Judith White
George Comps
MEETING CONVENED AT 7:00 P.M.
The Pledge of Allegiance was led by Trustee Skylis, and
the Meditation was given by Trustee Rose.
CHANGES TO AGENDA:
Additional bills - DiPonio Morelli
Additionad :Comments under 3A -1
Attorney opinion - Ftem 1* w
Delete Item c) - DPW Matters withdrawn.
A. MINUTES OF REGULAR MEETING. (1.0079) Moved by
Spearing, supported by Rose to approve the Minutes of
the Regular Meeting of June 18, 1990 as subm,�tted.
AYES: ALL. NAYS: NONE. ABSENT: Arsen. MOTION
CARRIED.
B. MINUTES OF SPECIAL HEARING. (1.0130) Moved by
Hall, supported by Spearing to approve the Minutes of
the Public Hearing of June 18, 1990 regarding the
Tommy's Lake Special Assessment Roll as submitted.
AYES: ALL. NAYS: NONE. ABSENT: Arsen. MOTION
CARRIED.
A. 1989 AUDIT REPORT. (1.0150) Barb Schmid, Grant
Thornton, Township Auditors, highlighted some of the
details of the 1989 Audit report and answered questions
from the Board. Discussion followed. Moved by
English, supported by Spearing to receive and file the
1989 Audit Report and to authorize its distribution.
AYES: Skylis, Rose, Spearing, Hall, English, Van
Tassel. NAYS: None. ABSENT: Arsen. MOTION CARRIED.
41
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, JULY 2, 1990
BILLS cont ...
B. BILLS. (1.0609) Discussion occurred on the
following bills:
Page 2, West Shore Services, Inc.
Additional bills* from DiPonio & Morelli have been
reviewed by the DPW Director and recommended for
payment.
Moved by Spearing, supported by Hall to approve the bills
for payment as follows:
General
$ 8,826.37
Fire
3,250.07
Water
137,352.94
Sewer
1,246.86
Other
530.00
TOTAL
$ 151,206.24
' ROLL CALL VOTE: AYES: Rose, Skylis, Spearing. Hall,
English, Van Tassel. NAYS: None. ABSENT: Arsen.
MOTION CARRIED.
C. APPROVE PAYMENT TO GENERAL MOTORS. (1.1475)
Allowance for this payment has been made in the 1989
Audit Report from Grant Thornton. Orion Township's
apportionment has been received from the County
Treasurer and it will be split among the various Funds
in proportion to the revenue that was received from the
General Motors property which was under appeal. Moved
by English, supported by Spearing to authorize the
Treasurer to issue the necessary check. AYES: Skylis,
Rose, Spearing, Hall, English, Van Tassel. NAYS:
None. ABSENT: Arsen. MOTION CARRIED.
3. ATTORNEY MATTERS
A. FIRST SECURITY SAVINGS BANK vs ORION. (1.1575)
This item dealt with the proposed Consent Agreement in
the suit brought by First Security Savings Bank against
the Township. Supervisor Van Tassel outlined the order
for speakers as follows:
1. Citizens who had submitted written requests to
' address the Board.
2. Citizens who submitted written requests to address
the Board after the meeting information packets were
prepared.
42
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MaMUTEB ,
REGULAR MEETING, MONDAY, JULY. 1990
ATTORNEY cont ...
3. Citizens in the audience who wished to speak.
4. Letters received from citizens.
It was decided to respond to questions regarding the
Bank's eligibility to develop property (Item 3A -2 on
the AUenda) as the first item so that some citizens'
questions might be answered before they addressed the
Board.
1. RESPONSE TO QUESTIONS REGARDING THE FIRST SECURITY
BANK'S ELIGIBILITY TO DEVELOP PROPERTY. Tim Patterson,
Township Attorney, read the following opinion regarding
First Security Bank's eligibility to develop property:
I. Under which law is First Security chartered,
specifically, is it Federal or State law?
First Security Savings Bank is a federal savings bank
chartered by the Federal Home Loan Bank Board under the ,
Home Owners, Loan Act, Section 1464. The federal
charter; makes the bank subject to federal jurisdiction.
II. Is First Security eligible for rezoning under the
specific law under which is chartered?
The Home Owners Loan Act, Section 1464 (c) (4) (B)
authorizes savings associations to invest in service
corporations. The Statute reads in part as follows:
(B) Service Corporations: Investments in the capital
stock, obligations, or other securities of any
corporation organized under the laws of the State in
which the Federal savings association's home office is
located, if such corporation's entire capital stock is
available for purchase only by savings associations of
such State and by Federal ,associations having their
home offices in such State. No Federal savings
association may make any investment under this
subparagraph if the associations's aggregate
outstanding investment under this subparagraph would
exceed 3 percent of the association's assets. Not less
than one -half of the investment permitted under this
subparagraph which exceeds 1 percent of the '
association's assets shall be used primarily for
community, inner -city, and community development
purposes.
HK
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY JULY 2 1990
FIRST SECURITY REZONING cont...
This provision allowed First Security to invest in the
First Security Service Corporation. The service
corporation then entered into the purchase agreement to
buy Silver Bell property and later, assigned their
rights in the property to First Security Bank. The
actions taken by the bank and the service corporation
were in compliance with the federal charter that
governs First Security. Furthermore, although the
issue of rezoning is not dealt with specifically in the
charter, the provision on service corporations does
address community development. Thus, it seems likely
that if First Security is eligible to invest in a
service corporation that develops land, it would also
be permitted to rezone in order to accomplish the
eventual development.
A copy of the purchase agreement given to us indicates
it was entered into by the parties on April 3, 1989.
Subsequently, First Security Service Corporation
assigned their right in the property to First Security
Bank on April 7, 1989. The date of purchase and
assignment have no effect on First Security's
eligibility for developing and rezoning. There is
nothing in the agreement requiring commencement of
rezoning and development by a certain date.
' In addition, the Financial Institutions Reform,
Recovery and Enforcement Act of 1989 (FIRREA) which
amended Section 5 (t) (5) (D) of the Home Owners Loan
Act does not directly affect First Security's purchase
of the property or their eligibility for developing
III. Has First Security
filed the necessary forms
under Federal regulations
to be allowed to develop
land?
The federal charter that
governs First Security
'
authorizes investment
in land and community
development; it does not,
however, set out specifics
with respect to forms. It
seems likely that the forms
that need to be filed would
be local in nature. First
Security would have to
file the application for
rezoning in Orion Township
and go through, the
appropriate administrative channels.
IV. What is the date of
record of First Security's
Purchase of the Silver Bell
Property and how does that
affect their eligibility
for developing land and
rezoning?
A copy of the purchase agreement given to us indicates
it was entered into by the parties on April 3, 1989.
Subsequently, First Security Service Corporation
assigned their right in the property to First Security
Bank on April 7, 1989. The date of purchase and
assignment have no effect on First Security's
eligibility for developing and rezoning. There is
nothing in the agreement requiring commencement of
rezoning and development by a certain date.
' In addition, the Financial Institutions Reform,
Recovery and Enforcement Act of 1989 (FIRREA) which
amended Section 5 (t) (5) (D) of the Home Owners Loan
Act does not directly affect First Security's purchase
of the property or their eligibility for developing
I
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTERS MINUTES '
REGULAR MEETING, MONDAY, JULY 2, 1990 _
FIRST SECURITY REZONING cont...
land and rezoning. Thus, the date of purchase has no
bearing on First Security's proposed development of
Silver Bell property.
Conclusion: The actions taken by First Security
Savings Bank with respect to the Silver Bell property
appear to be in accordance with its federal charter.
Under the charter, first Security is entitled to invest
in service corporations for the purpose of land
development. Additionally, there are no regulations
prohibiting the service corporation from assigning
their right in the property to First Security.
Therefore, First Security is eligible to develop
property and request rezoning for that property.
Furthermore, First Security Bank is governed by a
federal charter and as such, it is subject to federal
law, not state: Dde to this fact, a--ny further actions
regarding this matter should be directed to the U.S.
Attorney's office for the Eastern District of Michigan.
This office sees nothing in this transaction which
would prompt any complaint to federal authorities. If
any citizen wishes to file complaints, that is
,
certainly their prerogative.
CITIZENS REQUESTS TO ADDRESS THE BOARD.
Leon Harrison, 647 E. Silverbell, questioned under what
terms this agreement was negotiated and if there were
open negotiations. He asked the Board not to accept
the Consent Agreement.
Supervisor Van 'Tassel' stated the Attorney was
authorized to enter into discussions and, as a part of
those discussions, he sought comment from the Township
Engineer, the Planner, the Director of Public Works,
and the Fire Chief. The Board has not had an
opportunity to comment on what has been presented to
them and because it has been proposed does not mean it
will be accepted. The Attorney only gathered necessary
information.
James Marleau, 3181 Sandoval., questioned whether the
Master Deed and association restrictions and bylaws
were part of. the Consent Agreement. Was it all one
package or is the Consent: Agreement the portion '
pertaining to the rezoning of the land?
45
' CHARTER TOWNSHIP OF ORION BOAOD OF TRUSTEES
REGULAR MEETING, MONDAY, JULY 2, 1990
FIRST SECURITY REZONING cont...
Supervisor Van Tassel stated, in her reading of the
proposed Consent Agreement, it shows the only portion
of the Master Deed that was attached and referenced was
Exhibit D which is Section 6.
Tim Patterson, Township Attorney, stated that only
Article 6 was attached to the proposal which are the
restrictions for the Site Condominium. The entire
master deed or bylaws were not attached.
Mr. Marleau felt there was a conflict between concepts
of the Master Deed and the concepts of the Consent
Agreement as proposed, such as Article 6.16, Page 18 of
the Master Deed regarding the length of leases. He was
also concerned about a conflict (C - Pages 7 -8 of
Section 5) where the developer reserves the right to
modify the number, size, and location of unsold
condominium units. He asked that Section C be looked
at very closely. He was concerned that the developer,
' at his discretion, could make changes and would not
have to take into consideration the rights of the
residents.
Dr. Eleanor Wolf, 835 E. Clarkston Rd., referred to
correspondence from Dr. Mary Ann Heideman. She also
stated the proposed Consent Agreement was outrageous.
She felt the Consent Agreement gives away almost every
important protection that residents have worked for
over the last several years. She was concerned about
such a proposal to develop a very large, residential
development without the continuous supervision of the
Planning Commission.
She asked the Board to vote not to accept the Plan so
that a new look could be taken at the plan. She
questioned whether the Planning Commission, on its own
initiative, could suggest an intermediate zoning or
zonings that would be appropriate for the 165 acres.
Tim Patterson, Township Attorney, stated the applicant
in this case elected to file their case in Oakland
County Circuit Court subsequent to the Planning
Commission denial. The forum for resolution of the
case lies in the Oakland County Circuit Court. If there
' is no agreement between the parties, Judge Schnelz will
make the decision and if the applicant wins, they will
receive the R -1 zoning for the entire property. There
is no room for resolution at that point. The Township
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUT36 '
REGULAR MEETING, MONDAY, JULY 2, 1990
FIRST SECURITY REZONING cont...
cannot rezone to some different request in the middle
of the case, although the Township does have the right
to rezone at any given time in the absence of a
lawsuit:.
Shari :Fox, 700 E. Clarkston Rd., questioned how First
Security can proceed in Court with a lawsuit when the
Township Board, who is the governing body, has not
ruled on the matter. She asked the Board to refuse to
approve the proposed agreement.
Tim Patterson stated case law in Michigan supports this
type of action. The property owner may also challenge
the constitutionality of the ordinance as applied to
his or her property even prior to Planning Commission
approval.
Jim Dillard, 2078
Cedar Key
Ct., President of the
Keatington Cedars
Homeowners
Association, questioned
whether this action
would set
a precedent for future
development. He was
also concerned
that once the First
'
Security property is zoned R -1, what would stop them
from sellinc3 the property to another developer who
would rot adhere to terms as presented.
Tim Patterson stated the Township can control the
provisions and the enforcement of restrictions through
the Circuit Court. Other controls can be built in to
prevent the site plan from being changed at a future
date.
THE ORION TOWNSHIP BOARD SUSPENDED CONSIDERATION OF ITEM 3A TO
HOLD A PUBLIC HEARING AT 8:05 P.M. REGARDING A SPECIAL ASSESSMENT
FOR ELKHORN LAKE WEED HARVESTING. THE REGULAR MEETING RECONVENED
AT 8:18 P.M.
----------------------------------- ------------------------- - - - - --
ACTION ON_ELKHORN LAKE SPECIAL ASSESSMENT: (1.4110)
Moved by English, supported by Spearing to authorize
preparation of the Special Assessment Roll for Elkhorn
Lake for weed harvesting and to advertise a Public
Hearing for duly 16, 1990 at 8:00 p.m. AYES: Skylis,
Rose, Spearing, Hall, English, Van Tassel. NAYS:
None. ABSENT: Arsen. MOTION CARRIED. '
------------------------------------------------- - - - - --
CHARTER
TOWNSHIP
OF ORION BOARD
OF TRUSTEES MINUTES
'
REGULAR
MEETING,
MONDAY JULY 2,
1990
contract. Mr. Schramm also referred to inconsistencies
FIRST SECURITY REZONING cont...
THE REGULAR AGENDA WAS RESUMED WITH ITEM 3A:
PUBLIC COMMENT:
Bill Schramm, 2674 Browning, stated he felt it was
inappropriate policy for the Board to enter into a
Consent Agreement when the Board has not let the public
know what its elected representatives think about the
decision and recommendation of the Planning Commission.
He is opposed to the Consent Judgment and felt the
Attorney should move to dismiss the case.
He found inconsistencies in Paragraph 2 of the Stipulation
for Entry and Judgment of Order. He understood the rezoning
request pertained to the land described in Exhibit A, yet
the Stipulation pertains to another piece of property,
Exhibit B. He felt it was inappropriate to give approval
for a plan for the land described in Exhibit B before the
Planning Commission has reviewed the plan.
Mr. Schramm, felt it was a waste of Attorney costs to
attempt to work out a settlement. He also felt the
Township Board has no leverage to negotiate with the
developer at this stage of the proceedings and it is
inappropriate to do so. He recommended the Board
decline to enter into this Consent Agreement.
71
47
Mr. Schramm also recommended, (in reference to
Paragraph 5) if the Board should decide to enter into
'
such a Stipulation, the specific details of what the
developer can and cannot due should be included in a
contract. Mr. Schramm also referred to inconsistencies
in Exhibit E, a Vilican Leman report* dated April 14,
1990 and an Orchard Hiltz report* dated May 17, 1990
regarding wetlands applications. He was also concerned
about inconsistencies in the plans for the sewer
system. Mr. Schramm also questioned Paragraph 7,
regarding costs and Attorney fees being paid by the
losing side. Mr. Schramm referred to further
inconsistencies in the Vilican Leman report regarding
Township Ordinance 92 and the Orchard Hiltz report
regarding Exhibit B documents to the Planning
Commission. Mr. Schramm also referred to Page 2 of the
Orchard Hiltz letter regarding the outlet structure
details.
Mr. Schramm, felt it was a waste of Attorney costs to
attempt to work out a settlement. He also felt the
Township Board has no leverage to negotiate with the
developer at this stage of the proceedings and it is
inappropriate to do so. He recommended the Board
decline to enter into this Consent Agreement.
71
47
48
CHARTER TO" SHIP OF ORION BOARD OF T@USTZNBS NINUTOS '
REGULAR MEETING, MONDAY, JULY 2, 1990
FIRST SECURITY REZONING cont._
Jill Bastian, 913 Heights Rd., did not agree with the
idea that going with a Consent Agreement in this matter
would give the Township leverage on enforcement. Mrs.
Bastian was also concerned about the costs of
continually needing to return to court to enforce a
Consent Agreement. She also agreed with Mr. Schramm's
comments that the Board should not have taken action to
pursue the Consent Judgment. She felt that procedures
set up by the Township and the Planning Commission are
not being followed. She asked the Board to deny
proceeding in the matter and to discuss the matter
publicly.
Clif King, 1.130 Bald Mountain Rd., questioned why this
petitioner was given special treatment. He asked the
Board to respect the laws and ordinances in dealing
with all petitioners.
Gerry Chevrier, 740 S. Long Lake Blvd., was opposed to
the Consent Agreement. He questioned whether the '
Planning Commission would be ,able to monitor the
situation if the Consent Agreement goes through.
Supervisor Van Tassel stated that would be based on the
terms of the Consent Agreement if there was one.
Mr. Chevrier also questioned whether proceeding with
this matter would set a precedent for future action.
He asked the Board not to give First Security a Consent
Agreement.
Supervisor Van Tassel stated anyone can petition or go
to court if they choose.
Bonnie Stickney, 731 E. Clarkston Rd., questioned the
$10 ct.arge for copies of the Consent Agreement. She
also questioned the costs to the Township for Site Plan
expenses. She stated if the Board does not vote on a
rezoning, the citizens right of referendum will have
been taken from them.
Mike Pudists, 310 Pinnacle Dr., felt the Board should
have made their comments regarding the Consent
Agreement public. He requested the Board not enter
into the Consent Agreement so that a precedent will not ,
be set for the future.
Supervisor Van Tassel outlined the Board's actions to
obtain publi7 comment in this case.
CHARTER TOWNSHIP OF ORION BOARb OF TRUSTEES NINUTE3
REGULAR MEETING, MONDAY, JULY 2, 1990
FIRST SECURITY REZONING cont...
Jim Qualls, 3642 Hi villa, questioned what the Township
would gain from this Consent Agreement. Mr. Qualls
also referred to Paragraph 5 regarding the timeframe
for location of the sewer line. Mr. Qualls also
referred to Exhibit G which will become part of the
Consent Judgment. He felt the Consent Agreement was a
"giveaway" and that people would be less upset if they
knew where the Board stood before the matter came to a
vote. He recommended the Board reject the Consent
Agreement.
Sandra Dyl, 1558 Nancy G Ln., questioned the Attorney
regarding enforcement of the Consent Agreement and the
recourse available should it not be adhered to on both
sides.
Tim Patterson stated the officials of the Township
would primarily be charged with seeing that the
provisions of the Agreement were enforced. The
' citizens could also assist. If it is determined there
has been a violation of one of the terms or conditions
of whatever agreement might be entered into, then the
Township Board would alert the Attorney. The Court
would have continuing jurisdiction which means that an
Order to Show Cause on why the petitioner - developer
should not cease and desist could be entered.
Judith White, 2723 Calais, objected to the citizens and
ordinances being overruled in this matter. She also
questioned whether a provision for fines could be put
into the Consent Agreement.
Tim Patterson, stated is was common to require
performance bonds in these cases. A fine was the
province of a Criminal Court.
Further discussion followed on the subject of
enforcement of the Consent Agreement.
Judith White questioned whether the Consent Agreement
contained provisions for bonding of the developer and,
if not, she recommended such language be added.
Tim Patterson stated there
was
presently no such
'
language but that it could be
added.
50
CHARTER TO"SHIP OF ORION K"D OF ;TRUOTERS 40INUT&S
REGULAR MEETING, MONDAY, JULY 2, 1990
FIRST SECURITY REZONING cont... .
James Milford, 915 S. Long Lake Rd., q�uestionediwhether
the Township was dealing with First Security Savings
Bank (FSB), the Silverbell Limited Partnership, or
First Service Corporation. He questioned whether the
Attorney has seen the assignment of the land contract.
Tim Patterson stated he had seen the documents but had not
checked them for validity.
James Milford stated that Thomas J. Hammond seemed to
be involved with each of the companies. Mr. Milford
felt that a Board decision in favor of the rezoning
would be "an abject rejection of your responsibility
to the citizens of Orion Township ".
Robin Powers, 2710 Mercury Ct., President of the
Keatington Homeowners Association, spoke in support of
the Board action to date but felt the First Security
lawsuit was premature. She expressed concern that
there would no monitoring according to the Consent
Agreement which would set a precedent for future
development matters. She was concerned that the power
over this matter was in the Court's hand and that there
were many unanswered questions.
Dan Myslakowski, 2566 Browning Dr., felt that the Consent
Agreement would set a dangerous precedent for future
development.
Winifred Brinkmann, 1062 Abseguami Tr., questioned why
the Board was not willing to fight the Consent
Agreement in court. She expressed concerns about
increased traffic problems at Silverbell and M -24 if
the development goes through.
Gloria Dunning, 1005 E. Silverbell Rd., questioned
whether the Board was going to vote on this issue.
Supervisor Van Tassel did not know if a vote would be
taken at this meeting.
Gloria Dunning objected to increasing the density on
this property.
George Locke, 1105 E. Silverbell Rd., agreed with
previois speakers. Mr. Locke stated that his property
adjoins the subject property and he objects to changes
in the population density and the environment. He
urged the Board to reject the Consent Agreement and to
51
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, JULY 2. 1990
FIRST SECURITY REZONING cont...
work with the developer to develop the property in a more
suitable manner.
David Lindquist, 977 E. Silverbell Rd., ask the Township to
concur with the Planning Commission recommendation and deny
the R -1 zoning.
Richard Krywick, 2743 Armstrong Dr., stated the
citizens would be willing to pay the cost of supporting
the Board in fighting the First Security rezoning. He
expressed concern about changes in population density
in Orion Township.
Arthur DesRosiers, 905 E. Silverbell, questioned
whether the Public would be allowed to examine any
future Consent Agreements before they are voted on.
Supervisor Van Tassel stated that public documents are
public record and they are open to the public.
' LETTERS FROM CITIZENS
Clerk English read written communications * from the
following citizens in opposition to the Consent
Agreement:
1) Bill Stark, Park Manager, Bald Mtn. Rec. Area,
dated 6/29/90
2) Bill Stark, Park Manager, Bald Mtn. Rec. Area,
dated 6/28/90
3) Wm. J.S. Wright, 2560 Cedar Key, President - Scripps
on the Lake Homeowners Assoc., dated 7/2/90
4) Charles McIntosh, 870 E. Silverbell, dated 6/29/90
5) Tom O'Reilly, 2560 Browning Dr., Agenda statement,
dated 7/20/90
6) Jeanette G. Knibbe, 760 Joslyn Rd., dated 6/29/90
7) Dr. & Mrs. Richard Wojciechowski, 3850 Hi -Dale,
dated 7/2/90
8) Cheryl Fair, 1321 E. Silverbell
Trustee Spearing responded to the citizens concerns about
why the Board members have not given their views on the
Consent Agreement. He stated because the Consent Agreement
was only delivered the night of the Regular Board Meeting of
June 18, 1990, a decision was made by the Board to allow
themselves several weeks to review the issues that were
raised in the Agreement. There have been no meetings since
that time at which to take action or make statements.
52
CHARTER TOWNSHIP OF ORION-BO1kRD OF TRUSTERS W NUTES ,
REGULAR MEETING. MONDAY, JULY 2, 1990
FIRST SECURITY REZONING cont...
Trustee Skylis stated the reason for Closed Session was
to discuss matters with the Attorney in a manner which
would not give information to the other side.
Supervisor Van Tassel read a memo* dated June 29, 1990
which she wrote to Board Members outlining concerns
regarding the following sections of the proposed
Consent Agreement:
Page 1, Paragraph 1
Page 2, Paragraph 2
Page 2, Paragraph 3
Page 2, Paragraph 9
Page 2 & 3, Paragraph 5
Exhibits "A" & "B"
Exhibit "C"
Exhibit "D"
Discussion occurred
on the sanitary sewer
system for
the project.
Clerk English stated
she has been and is
now against
'
entering into any Consent
Agreement because
she did not
believe the normal
reviews and procedures have been
exhausted to cause such
an agreement. She
also found
many inconsistencies
in the Agreement.
Further discussion occurred on the sanitary sewer
system.
Treasurer Hall concurred with many of the concerns
raised by citizens particularly those raised by Mr.
Schramm and Supervisor Van Tassel. She also was
concezned about inconsistencies in the Consent
Agreement. She stated the Board was not taking_ the
matter lightly.
After discussion it was moved by Spearing, supported by
Rose to go to Closed Session to discuss the Township
defense in the lawsuit with First Security Savings
Bank. AYES: Rose, Skylis, Spearing, Hall, English,
Van Tassel. NAYS: None. ABSENT: Arsen. MOTION
CARRIED.
THE TOWNSHIP BOARD TEMPORARILY RECESSED AT 9:45 P.M. TO HOLD A '
CLOSED SESSION REGARDING FIRST SECURITY BANK. THE REGULAR
MEETING RECONVENED AT 10:30 P.M.
53
CHARTER
TOWNSHIP
OF ORION 'BOARD
OF
TRUSTEES MINUTES
'
REGULAR
MEETING
MONDAY JULY 2.
1990
FIRST SECURITY REZONING cont...
ACTION RESULTING FROM CLOSED SESSION: Moved by
Spearing, supported by Hall to decline to enter into
the Proposed Consent Agreement with First Security
Savings Bank and to authorize the Attorney to continue
with litigation.
Bonnie Stickney, 735 E. Clarkston, questioned the
intent of the Motion before the Board. Supervisor Van
Tassel stated the Township is declining to be a party
to the proposed Consent Agreement and authorizing the
Attorney to continue with the litigation.
ROLL CALL VOTE: AYES: Skylis, Spearing, Hall, Van
Tassel. NAYS: Rose, English. ABSENT: Arsen. MOTION
CARRIED.
B. ORION vs CHRISTI'S ORION HOUSE, SIGN VIOLATION.
(1.3999) Nick Christi, Christi's Orion House,
requested this matter be set over so that discussions
' can be held. Moved by Spearing, supported by Hall to
set this matter over and to authorize the Attorney to
meet with Mr. Christi. AYES: Rose, Spearing, Skylis,
Hall, English, Van Tassel. NAYS: None. ABSENT:
Arsen. MOTION CARRIED.
Moved by Spearing, supported by Hall to extend the meeting one
half hour to complete the Agenda. AYES: Spearing, Skylis, Rose,
Hall, English, Van Tassel. NAYS: None. ABSENT: Arsen. MOTION
CARRIED.
----------------------------------------------------------------
4. FIRE DEPARTMENT MATTERS NONE
5. PARKS AND RECREATION MATTERS
(2.4500) Leon Storm, 1434 S. Lapeer Rd., addressed the
Board regarding his proposal to donate a mobile
telephone for the Senior Van to include one month of
service charges. He asked the phone be dedicated to the
memory of his wife Catherine Storm.
Moved by English, supported by Spearing to accept, very
gratefully, Mr. Storm's most generous offer to donate a
mobile phone for the Senior Van along with one month's
service fee and that the mobile phone be memorialized
in the name of Catherine Storm, his wife. AYES: Rose,
Skylis, Spearing, Hall, English, Van Tassel. NAYS:
None. ABSENT: Arsen. MOTION CARRIED.
ME
CHARTER TOWNSHIP OF ORrOm soARD OF TRusrms MdMiJTEB I
REGULAR MEETING, MONDAY, JULY'2, 1990
6. POLICE MATTERS V1, V1 NONE,
7. ASSESSING DEPARTMENT.MATTERS i,' i i *QNE
8. BUILDING DEPARTMENT MATTERS _ _NONE___
9. DPW MATTERS NONE
The Item regarding Hickory Hoovies Restaurant capital
and lateral sewer payments was withdrawn because the
charges have been paid.
10.___ REOUES7'_TO_COMBINE NONCONFORMING LOTS OF RECORD ON HOLLIDAY
(2.4760) Gary Banghart, 269 Michigamme, Clarkston,
answered questions from
the Board regarding his request
to combine lots on Holliday
for which he has a purchase
agreement. Discussion
followed. Moved by Spearing,
supported by Hall to
grant approval for combining
nonconforming lots of
record for Lots 41 and 42 of
Block 43 of Bunny Run
Country Club Subdivision Annex
#3, contingent upon Mr.
Gary Banghart's purchase of the
property. AYES: Skylis,
Spearing, Rose, Hall,
English, Van Tassel.
NAYS: None. ABSENT: Arsen.
'
MOTION CARRIED.
11. PRESENTATION FROM JIM VIGNE RE: PROPOSED WOODLANDS
(2.4983) Jim Vigne, 3435 Gregory, Planning Commission
member, addressed the Board regarding a proposed
Woodlands Ordinance. He requested the Township Board
retain the services of Vilican Leman, Planning
Consultants, for an amount not to 'exceed 92000,
including reimbursable expenses (approximately 3 hours
per month over a one year period) to assist the
Township in researching and determining whether
amendments to existing ordinances or a new ordinance is
required to further protect our woodlands. Discussion
followed.
The following citizens addressed the Board on this
matter:
Bonnie Stickney, 731 E. Clarkston Rd.
Jill Bastian, 913 Heights Rd.
Mike Pudists, 310 Pinnacle
Judith White, 2723 Calais '
Leon Harrison, 746 E. Silverbell
55
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING MONDAY, JULY 2, 1990
PROPOSED WOODLANDS ORDINANCE cunt...
Moved by Spearing, supported by Skylis to authorize up
to $1000 for the Planning Consultant and to have a
report in six months - after the beginning of 1991.
Further discussion. AYES: Rose, Spearing, Skylis,
Hall, Van Tassel. NAYS: English. ABSENT: Arsen.
MOTION CARRIED.
12 REQUEST FOR GOOSE ROUND -UP
(3.0060) Keatington Beach Association requested the
Township support a goose round -up on their beach on
Voorheis Lake. Moved by English, supported by Rose to
formally request the Department of Natural Resources
round up geese on any lake in Orion Township at the
request of lake -front property owners (in accordance
with information from Circular #185 dated April 16,
1979). AYES: Spearing, Skylis, Rose, Hall, English,
Van Tassel. NAYS: None. ABSENT: Arsen. MOTION
CARRIED.
The Township Board temporarily recessed from 11:09 p.m. until
11:06 p.m.
13. TOM MIDDLETON WISHES TO ADDRESS THE BOARD
(3.0100) Tom Middleton, Republican candidate for State
Representative for the 61st District, introduced
himself to Board members.
19 EASEMENT AGREEMENT WITH WINEMAN INVESTMENT RE: 5 ACRES
(3.0193) Tim Patterson, Township Attorney, stated the
Township has not been furnished with the agreement for
maintenance of the storm drain. Discussion followed.
Moved by English, supported by Hall to direct the
Attorney to get the maintenance agreement regarding
this proposed Easement Agreement* and to pursue any
other changes to the agreements which might be needed
and to bring the matter back before the Board.
Eleanor wolf, 835 E. Clarkston Rd., questioned the
Board regarding the legal description of the property
' in question and the length of time it has taken to
obtain the description.
W
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING. MONDAY, JULY 2, 1990
EASEMENT AGREEMENT_ - WINEMAN cont.,
Supervisor Van Tassel stated the Township has just
received the legal description and it will be available
on July 3, 1990 at the Township Hall for review.
ROLL CALL VOTE: AYES: Rose, Skylis, Spearing, Hall,
English, Van Tassel. NAYS: None. ABSENT: Arsen.
MOTION CARRIED.
15. SOLICI'T'ATION REQUEST --SOUTHWESTERN COMPANY BOOK SALES
(3.0390) After discussion it. was moved by Spearing,
supported by Hall to approve the solicitation request
for Southwestern Company Book Sales. AYES: Skylis,
Spearing, Rose, Hall, English, Van Tassel. NAYS:
None. ABSENT: Arsen. MOTION CARRIED.
1.6_, PROPOSAL_FF0M DEAN APPRAISAL RE: LAUTREC.�NC._
(3.0550) A proposal was received from Dean Appraisal
Company to provide appraisal services to the Township
in response to the lawsuit filed by Lautrec regarding a '
rezoning on the 93 acres (t:o a Mobile Home Park)
immediately east of Lake Orion High School at the end
of Scripps Road. In defending the Township it will be
necessary to have experts witnesses testify on behalf
of the Township. Discussion followed on the cost of
the proposal.
Moved by Rose, supported by Skylis to approve the
proposal* w:_th a cap of $5000 and to authorize the
Supervisor to sign. AYES: Spearing, Skylis, Rose,
Hall, English, Van Tassel. NAYS.: None. ABSENT:
Arsen. MOTION CARRIED.
17_ REQUEST TO PURCHASE MONIT_OR__
(3.0790) Moved by Rose, supported by Enqlish to
authorize the purchase of a color monitor and VGA card
for the Supervisor's office from Miri Microsystems of
Orion at a cost of $995. Discussion followed on the
cost of the item. AYES: Skylis, Spearing, Rose, Hall,
English. NAYS: None. ABSENT: Arsen. MOTION
CARRIEC.
0
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY JULY 2, 1990
18. COOPERATIVE AGREEMENT FOR COMMUNITY DEVELOPMENT PROGRAM
(3.0965) A Cooperative Agreement* between Oakland
County and Orion Township was received. This agreement
is the one specified by HUD for Community Development
Program participation and is the same aqreement as has
been signed in the past for participation in the
program. Moved by Hall, supported by English to
authorize the Supervisor and Clerk to sign the
Cooperative Agreement for the Community Development
Program. AYES: Rose, Skylis, Spearing, Hall, English,
Van Tassel. NAYS: None. ABSENT: Arsen. MOTION
CARRIED.
19. CONFIRM AGREEMENT RE QUEST—FOR INJUNCTION RE;_ OAKLAND COUNTY
SOLID WASTE PLAN.
(3.1020) On June 28, 1990, the Oakland County Board of
Commissioners formally approved the Update to the
Oakland County Solid Waste Plan (known as the 641 Plan)
which includes a provision for a 98 acre expansion of
Eagle valley Landfill. The Plan language calls for
approval by the local governinq body for any new or
expanded landfill acreage in a municipality that
already has a landfill.
Members of the Board were polled regarding seeking a
temporary Restraining Order to keep the County from
forwarding the Solid Waste Plan update to the
municipalities for approval. Discussion followed.
Moved by Spearing, supported by Rose to confirm the
authorization for the Township Attorney to seek a
temporary Restraining Order against Oakland County
submitting the Solid Waste Plan update to the
municipalities.
Gerry Chevrier, 740 S. Long Lake Blvd., addressed the
Board in objection to the expansion of Eagle Valley.
Jack Iwema, project manager for Waste Management of
Michigan, addressed the Board regarding his attempts to
discuss the Eagle Valley expansion project with the
Township. Lengthy discussion followed.
L
57
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAY, JULY 2. 990
INJUNCTION RE: OAKLAND COUNTY SOLID WASTE PLAN cont._
The following citizens also addressed the Board in
regarding to this matter:
Judith White, 2723 Calais, addressed the Board
regarding the need for local covernments to control the
details of the 691 Plan.
Jill Bastian, 913 Heights, asked that citizens be kept
better informed of meetings and hearings regarding
solid waste issues.
Marilynne Burton - Ristau, 17 Cardinal Hill, informed the
Board of a letter dated May 1990 from Waste Management
to Oakland County Commissioner Roy Rewold regarding
plans for Eagle Valley. Ms. Burton- Ristau also
commented on the past record of Waste Management in
Michigan and other states. Supervisor Van Tassel asked
for copies of the information to which Ms. Burton -
Ristau referred.
Jim Qualls,
3692 Hi- Villa,
spoke in
support of the
Injunction against
the County
Plan.
'
The Motion
before the Boarc
was reread. ROLL CALL
VOTE: AYES:
Rose, Skylis,
Spearing,
Hall, English,
Van Tassel.
NAYS: None.
ABSENT:
Arsen. MOTION
CARRIED
20._._RESIGNATION FROM PLANNING COMMISSION
(3.2790) Clerk English read a letter* of resignation
from Gerald Sweetland, Planning Commission member,
dated June 29, 1990. Moved by Hall, supported by
English to accept the letter of resignation, with
regrets, from Gerald Sweetland and to request the
appropriate "thank you" be sent to him. AYES:
Spearing, Skylis, Rose, Hall, English, Van Tassel.
NAYS: None. ABSENT: Arsen. MOTION CARRIED.
The Planninq Commission vacancy will be advertised in
the Lase Orion Review beginning July 9, 1990.
1
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY JULY 2, 1990
ADDITIONAL ITEM - ELKHORN LAKE MATTER:
Due to changes in advertising deadlines for the Lake
Orion Review because of the July 9th holiday, it was
necessary to change the date of the Public Hearing on
the Elkhorn Lake Special Assessment Roll. After
discussion of possible dates a Motion was made by
English, supported by Hall to set the Public Hearing
for the Elkhorn Lake Special Assessment Roll for
7:00 p.m. on July 23, 1990. AYES: Skylis, Spearing,
Rose, Hall, English, Van Tassel. NAYS: None. ABSENT:
Arsen. MOTION CARRIED.
Moved by Spearing, supported by Skylis to adjourn the
meeting. MOTION CARRIED.
THE MEETING ADJOURNED AT 11:55 P.M.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
Transcribed by:
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, JULY 2, 1990
ELKHORN LAKE SPECIAL ASSESSMENT
The Charter Township of Orion Board of Trustees held a
Public Hearing, Monday, July 2, 1990 at 8:08 p.m. at the Orion
Township Hall, 2525 Joslyn Road, Lake Orion, Michigan 98035.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
Clerk Marie E. English
Treasurer Suzanne Hall
ABSENT: Trustee John Arsen
Trustee John Spearing
Trustee David Rose
Trustee James Skylis
59
W
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
PUBLIC HEARING _RE: _ELKHORN_ LAKE WEED CONTROL-MONDAY, JULY 2, _1990
Cont...
OTHERS:
Susan Galeczka
Dorothy Nice
Jim Dillard
Brian Clark
Larry Krzyzanowski
Dan Comstock
Evelyn Howe
Jack Iwema
B.J. Griffin
Richard Krywick
Jim Marleau
Mike Pudists
Gary Banqhart
Royal Marshall
Raymond Stewart
Deborah Wilson
Janet MacFarlane
Clifton Kinq
Gloria Dunning
Jill Bastian
Ken Hulit
Eleanor Wolf
Betty Ford
Judith White
Helen Parker
Murray Nice
Winifred Brinkmann
Paul Harding
Jerry Moon
Pam Comstock
Dwight Puqh
Tom Middleton
Diane Hennessy
Bill Schramm
Lori Barker
Ruth Pudists
David Lindquist
Dan Myslakowski
Gerry Chevrier
Sandra Dyl
Thomas Hammond
Leon Storm
John Jones
Mick Carry
Sqt:. Kim Rossman
Bob Ford
Mark Vagi
George Comps
Robin Powers
Ron Price
James Milford
Gerrie Harding
Thaddeus Marcola
Ernest Howe
John Spokaeski
George Findlay
Arthur DesRosiers
Nicole Robertson
Steve Barker
Jim Vigne
Mary Ward
Shari Fox
Tom Greene
Barbara Schmid
Albert. Gladner
Leon Harrison
Carolyn Jones
George Locke
Bonnie Stickney
Marilynne Burton -- Ristau
Nick Christi
PUBLIC_HEARING CONVENED_ AT 8__08 P.M.
Supervisor Van Tassel stated the purpose of the Public
Hearing was to obtain public comment regarding the
estab- ishment of the Special Assessment District for
the purpose of weed control or Elkhorn Lake.
The following comments were made:
Ron Price, 829 Pine Tree, a ?ropert.y owner on Elkhorn
Lake, questioned if the amount of the assessment: for
each property owner had beer: decided at this time and
if changes unuld be made after the Assessment Roll was
prepared.
Supervisor Van
Tassel stated the
purpose of
the
Public
Hearing was to
decide if residents
wished
to
proceed
with the weed
control. If it is
decided to
go
ahead,
the next step
is to autf urize the
Supervisor
to
pret,ar
the A =:cessment
Roll and to set: a
time for a
heart
nq_ on
the s[)Hcitic assessments.
61
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
PUBLIC HEARING RE: ELKHORN LAKE WEED CONTROL - MONDAY, JULY 2,_1990
Cont...
Everyone who owns property on the lake would receive
notification of the Public Hearing and what their
assessment will be. After the hearing the Board may
take action to confirm the Roll, to confirm the Roll
with modifications, or reject the Roll and ask that it
be redone or dropped in its entirety.
Dan Comstock, 1309 Elkhorn Lake Rd., spoke in support
of the weed control project in order to make the lake
more usable.
Larry Krzyzanowski, 1191 Elkhorn Lk. Rd., concurred
with Mr. Comstock.
Larry Krzyzanowski questioned what the actual plan was
for treatment of the lake.
Supervisor Van Tassel stated the Township is looking
into the possibility of getting DNR approval to dredge.
If it is done, it would be expensive and would require
the formation of Special Assessment Districts with it
being paid off over a number of years. The Township
Engineers will work with the DNR who has authority over
the inland lakes and streams because it will need their
cooperation. This could not be done this summer
season. Limited solutions are all that could be
accomplished this summer.
Larry Krzyzanowski questioned if the weed control is
done this year if the Township would consider other
options such as chemicals, aerating, or dredging.
Supervisor Van Tassel stated the Township will consider
I the chemical treatment and weed harvesting this year
and look at dredging as a long term solution.
Clerk English
read a letter* dated June 27, 1990 from
Ken and Linda
Chevier, 1325 Elkhorn Lake Rd. The
Chevriers were
in support of the weed control project
although they
felt the initial attempt to clean the
lake should be
done with chemicals to kill the weeds
due to an extensive
weed and muck problem on the lake.
'
Pam Comstock,
1309 Elkhorn Lk. Rd, concurred with the
Chevriers as
far as using chemicals to control and
eliminate the weeds on Elkhorn Lake.
Larry Krzyzanowski questioned what the actual plan was
for treatment of the lake.
Supervisor Van Tassel stated the Township is looking
into the possibility of getting DNR approval to dredge.
If it is done, it would be expensive and would require
the formation of Special Assessment Districts with it
being paid off over a number of years. The Township
Engineers will work with the DNR who has authority over
the inland lakes and streams because it will need their
cooperation. This could not be done this summer
season. Limited solutions are all that could be
accomplished this summer.
Larry Krzyzanowski questioned if the weed control is
done this year if the Township would consider other
options such as chemicals, aerating, or dredging.
Supervisor Van Tassel stated the Township will consider
I the chemical treatment and weed harvesting this year
and look at dredging as a long term solution.
I1
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
PUBLIC HEARING LAKE WEED CONTROL- MONDAY_.JULY 2� 1990
'
_RE: _ELKHORN
Cont ...
Larry Krzyzanowski stated that the residents had a
meetinc about two years aqo with a Minnesota company
that has done an aeration pr -)cess to other lakes in
Minnesota and Michigan. This process is less costly
than dredginq.
Supervisor Van Tassel said the Township would be happy
to consider that option which has also been done on
parts cf Vooheis bake. She asked Mr. Krzyzanowski to
supply her office the name and address of the person in
Minnesota so that option can he followed up.
Sandy Dyl, IS58 Nancy 0 Ln., addressed the Board
reqarding aeration in Mud Lake which has not been very
effect`.ve. She offered to supply the name of the
company on that project.
Supervisor Van Tassel asked if anyone else wished to
speak at this Public Hearinq. There were no further
comments.
--------------- - - - - -- -- - - - - - -- --------------- -
PUBLIC HEARING WAS DECLARED HELD AT 8:18 P.M.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
Transcribed:
Jane Shields
*ON FILE IN THE CLERK'S OFFICE
PUBLIC HEARING IS ON TAPE
1
CHARTER TOWNSHIP OF ORION BOARD
* M I N U T E S*
REGULAR MEETING, MONDAY, JULY
OF TRUSTEES
16, 1990
The Charter Township of Orion Board of Trustees held a
Regular Meeting, Monday, July 16, 1990 at 7:00 p.m. at the Orion
Township Hall, 2525 Joslyn Road, Lake Orion, Michigan 48035.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
Clerk Marie E. English
Treasurer Suzanne Hall
OTHERS:
Susan Galeczka
Leon Harrison
Marilynne Hurton- Ristau
Marie Moore
Fred Ehman
Darrell Kincade
Lenore Cavanagh
Lisa McWilliams
Bob Warrington
Richard Adomitis
Trustee John Arsen
Trustee John Spearing
Trustee David Rose
Trustee James Skylis
Richard Gasco
Sgt. Kim Rossman
Mary Ward
Clarence Moore
Jill Bastian
Royal Marshall
Nicole Robertson
Winifred Brinkmann
Jim Milford
MEETING CONVENED AT 7:06 P.M.
Joan Gasco
Deborah Wilson
Jack Ward
Gail Connolly
Nick Christi
Mary Cavanagh
Leon Storm
Ebbie Goodfellow
Ruth Pudists
The Pledge of Allegiance was led by Trustee Rose, and
the Meditation was given by Supervisor Van Tassel.
A. MINUTES OF REGULAR MEETING. (1.0100) Moved by
Hall, supported by Spearing to approve the minutes of
the Regular Meeting held July 2, 1990 subject to
correction upon review of the tapes of that meeting
(regarding paqe 13 - comments by Trustee Spearing)
AYES: All. NAYS: None. MOTION CARRIED.
B. MINUTES OF PUBLIC HEARING. (1.0160) Moved by Hall,
supported by Spearing to approve the minutes of the
Public Hearinq_ held July 2, 1990 regardinq the Elkhorn
Lake Special Assessment. AYES: All. NAYS: None.
MOTION CARRIED.
2. BILLS_
(1.0224) Discussion on the followinq bills:
Paqe 1, Luedtke 6 Assoc.- Lautrec Acquisition
Page 3, Essman Printing, AV Ballots
HOK
M
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAY,- JULY 16,_1990
BILLS cont.-_-
Moved by Spearing, supported by Rose to approve the
bills Eor payment as follows:
General $ 16,583.98
Fire 2,962,97
Water 3,766.82
Sewer 2,796.87
0•-her 68.19
TOTAL $ 25 677.83
_ROLL CALL -VOTE: AYES: Skylis, Rose, Arsen, Spearing,
Hall, English, Van Tassel. NAYS: None. MOTION
CARRIED.
3. ATTORNEY MATTERS
A. OFION VS CHRISTI'S ORION HOUSE - SIGN VIOLATION.
(1.0370) Tim Patterson, Township Attorney, stated a
letter was directed to the owner of Christi's Orion
House on May 29, 1990 giving him ten days to remove the '
portable letter sign from the property.
Mr. Nick Christi appeared at the Regular Board meeting
of June 18, 1990 with a request to discuss the matter.
The Building Official also indicated there was an
additional problem relative tc the parking of vehicles
from the Ford dealer adjoining Mr. Christi's property
in violation of the zoning ordinance.
Mr. Patterson recommended the Board institute
appro.)riate action through the court to force
compliance. This action is recommended based on
representations by Mr. Christi that he does not intend
to remove the signs as required as a condition for
granting the permit.
Nick Christi, represent.inq Christi's Orion House,
addressed the Board regardinq this matter. Lengthy
discussion followed.
Moved Spearinq, supported by Rose to go to Closed
Session to discuss Orion vs Christi's Orion House and
First Security Savings Hank vs Orion. AYES: Arsen,
Skylis, Rose, Spear inq, Hal, English, Van Tassel.
NAYS: None. MOTION CARRIED.
Me
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES —
REGULAR _MEETING, MONDAY, JULY 16, 1990
THE ORION TOWNSHIP BOARD TEMPORARILY ADJOURNED AT 7:28 P.M. TO
HOLD A CLOSED SESSION. THE REGULAR MEETING RECONVENED AT
8:16 P.M.
ACTION RESULTING FROM CLOSED SESSION:
(1.1360) Moved by Arsen, supported by Spearing to
direct the Attorney to continue discussions with
Mr. Nick Christi of Christi's Orion House in an attempt
to resolve the dispute and to proceed to court if an
agreement is not reached by August 6, 1990. AYES:
Skylis, Spearing, Arsen, Hall, English, Van Tassel.
NAYS: Rose. MOTION CARRIED.
----------- ----------- - - - - -- -
(1.1445) Discussion occurred regarding the drain at
Pine Tree and Arbroak. Supervisor Van Tassel stated
there has been no record found of the drain ever being
open at that point.
' 4. _ PARK AND RECREATION MATTERS
A. BALLFIELD LIGHTING SPECIFICATIONS. (1.1600) Mark
Vagi, Director of Parks and Recreation, answered
questions from the Board regarding ballfield and
parking lot lighting specifications* as prepared by
Orchard, Hiltz and McCliment on the following items:
1. Ballfield lighting for Jaycee and Hubbard
Fields.
2. Security lighting for the parking lot located
adjacent to Jaycee and Hubbard Fields.
3. The repair and replacement of existing lights
located in the parking lot nearest to the
Township Hall to high pressure sodium
luminaries.
The proposed specifications allowed bidders to hid on
these items separately and for the Township to award as
much or as little of the contract as it decides on.
The Ballfield lighting would be paid half by a State
grant up to a maximum of $40,500. The remaining cost
• •
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING.
:TING. MONDAY,_ ULY 16` 1990
BALLFIELD SPECIFICATIONS cont...
of the project would be paid by Orion Township.
Replacement and repair of ex sting parking lot lighting
would be paid for by the Township. Discussion
followed.
Moved by English, supported by Skylis
to approve the
baIIfield
lightinq
specifications,
to authorize
advertising
for hid:;
with bids due Auqust
1, 1990 at
noon, and
'-o place
this item on the
August 6, 1990
agenda for
award, if
all is in order.
AYES: Arsen,
Spearing,
Rose, Skylis,
Rose, Hall,
English, Van
Tassel. NAYS:
None.
MOTION CARRIED.
B. PARKING AREA FOR POLLY ANN TRAILWAY. (1.1855)
Mark Vagi, Director of Parks and Recreation, answered
questions from the Board regarding a request from the
Safety Path Committee for a small parking area (50' x
100'), to he provided in 'proximity to the proposed
Polly Ann 'Prailway which is the abandoned railroad
right -of -way north of Indianwood Road and west of the
existing subdivision. Biltmore Properties is willing
to donate this area for parking for people who may wish
to use the Trailway during_ daytime hours. Lengthy
discussion followed.
Jill Bastian, 913 Heights Rd., and Jack Ward, Safety
Path Committee, also addressed the Board in support of
the request. Clerk Enqlish read a letter* from Leo and
Eleanor Wolf concerninq this matter.
Moved by Rose, supported b), Hall that the Township
Board request Biltmore Properties to set aside a 50' x
100' area and dedicate it to the Township at the time a
Trailway is established atonq the old Grand Trunk
railway bed north of Indianwocd Road. AYES: Spearinq,
Skylis, Rose, Arsen, }fall, English, Van Tassel. NAYS:
None. MOTION CARRIED.
(1.2650) Discussion occurred on action needed to speed
up the process of buildinq safety paths in the
Township.
.lilt Bastian, Safety Path Committee, addressed the
Board on regardinq -he financing of the safety path.
[e7
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES --
REGULAR MEETING, MONDAY, JULY 16, 1990
SAFETY PATH cont ...
The Consensus of the Board was to have the Safety Path
Committee meet with Bendzinski & Co., Township
Financial Consultants, at their August 9, 1990 meeting
to review the various options for accelerating the
building of safety paths in the Township and to have
the Safety Path Committee make a recommendation back to
the Township Board for official action.
----------------------------------------------- ------------- - - - - --
(1.3045) Leon Storm, 1434 S. Lapeer Rd., questioned
the status of the Senior Van. He also proposed
donating any money saved on the purchase of the mobile
phone for the van to the ballfield lighting project.
Mark Vagi, Director of Parks and Recreation, stated the
van has been in service since July 11 and he is working
on promotion to inform citizens of the service.
5. POLICE MATTERS________
' (1.3375) Sgt. Kim Rossman gave an update on activities
of the committee which is promoting passage of the
police millage question on the August 7, 1990 Primary
ballot.
6._ ASSESSING DEPARTMENT MATTERS
A. LETTER OF RESIGNATION. A letter of resignation *,
dated July 12, 1990, was received from Rick Vincent,
Township Assessor. His resignation is effective
July 27, 1990. Discussion followed.
Moved Hall, supported by Spearing to accept the
resignation of Rick Vincent, with regrets, and to
request a letter of appreciation be sent thanking him
for the outstanding job that he has done for Orion
Township. AYES: Rose, Spearing, Skylis, Arsen, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
Kim Furguson of the Assessing office will be in charge
until a new Assessor is hired.
Trustee Skylis requested an update on the reappraisal
of the Township be given at the August 6, 1990 meeting.
Discussion occurred on the rate of turnover in the
Assessing Department.
Me;
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING,--MONDAY JULY 16, 1990 _ F4
7. BUILDING DEPARTMENT_ MATTERS____
(1.9925) Trustee Skylis stated a meeting of the Ad Hoc
Committee on the 3uilding Department will be set in
order to follow -up on past business.
8. DPW MATTERS NONE
9. FIRE DEPARTMENT MATTERS NONE
10. LOT SPLIT REQUEST, 2560 BALDWIN_ROAD,__ JOAN
__A_ND_
RICHARD GASC0. APPLICANTS
(1.4520)
Darrell
Kincade, Century
21,
representing
Joan and Richard
fiasco, asked the
Board
to grant a
request to
split
lots at 2560 Baldwin
Road. This
request had
previously
been denied by
the
three elected
officials.
Mr. Kincade qave background on the request stating a
new survey of the property had been prepared and
presented to the Township approximately nine weeks
earlier. On July 3, the Gasco's were told the request
had been denied due to the nature of the soil, concerns
about whether the lots would be buildable, and site
distance concerns.
The Gascos requested more specific information on the
reasons for denying the split and requested further
consideration of the split ty the Board. The Gascos
believe that large buildable portions of the four new
lots are dry and are not wetlands. They also requested
specific site distance concerns so that alternatives
could be considered. Discussion followed.
Joan Gasco, owner, answered questions from the Board
regarding the split.
In the opinion of Tim Patterson, Township Attorney, the
request (as pointed out by the Township Planner)
"violates not; only the acreage split ordinance but also
the Subdivision Control Act of the State of Michigan by
virtue of the fact that they are requestinq five splits
instead of four. If there is contiguous acreage that
adjoins, only four splits are allowed without
platting." Further discussion followed.
M
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, JULY 16, 1990
Richard Gasco, 2560 Baldwin Rd., owner, also questioned
whether the time of purchase had a bearing on the
number of splits that could be made. It does not.
Mr. Kincade stated the Gascos would be willing to
change their request regarding the number of splits to
be made. Lengthy discussion followed including
procedures to be followed in reviewing the request.
Mr. Kincade requested the three elected officials meet
quickly on this matter. He also distributed reports
on the soil samples taken on Lots 1, 2, and 3 and site
distance information from Northeast Survey for proposed
parcels 1, 2, 3, and 4. Discussion followed.
The Consensus of the Board was to have the three
elected officials consider the matter further and, if
necessary, bring the matter back to the Board.
11. RICHARD ADOMITIS WETLANDS APPLICATION
(2.0025) Clerk English read a memo* dated July 11, 1990
' from the Orion Township Planning Commission
recommending approval of the wetlands application of
Richard Adomitis, 4161 Gregory Road.
Moved by Spearing, supported by Rose to concur with the
Planning Commission and to approve the wetlands permit
(PC- 90 -33W) for Richard Adomitis for property on
Gregory Road. AYES: Arsen, Rose, Spearing, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
12. REQUEST FROM KEATINGTON HOMEOWNERS FOR PRIVACY FENCE OR BERM
(2.0130) Keatington Homeowners Association asked the
Township Board for support in alleviating the noise
problem on Baldwin Road through the use of an earth
berm or fence. Permission to install screening
material would have to be granted by the Oakland County
Road Commission because they own the right -of -way.
After discussion, a Motion was made by Rose, supported
by Skylis to indicate its support for installation of
screening material along the east side of Baldwin Road
from Waldon Road north to Eaton Gate, and to authorize
this to be communicated to the Road Commission and,
further., recommend the Township provide the Homeowners
70
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAYS JULY 16, 1990____
REQUEST- FROM- _KEATINGTON HOMEOWNERS cont...
Association with an indication of where utilities are
alonq that stretch of roadway so that the screeninq
mater,aI can be located away from any of the
o.nderground ctiIities. Further discussion followed.
EYES: Spearing, Arsen, Skylis, Rose, Hall, English,
van Tassel. NAYS: None. MOTION CARRIED.
The Township Board temporarily recessed from 9:25 p.m. until
9:45 p.m.
13. -REQUEST FROM FAIL TO ADDRESS THE BOARD .RE1__LANDFILLS AND
INCINERATORS.
(2.033) Marilynne Burton - Ristau, 17 Cardinal Hill,
representing RAIL (Res dents Against Incineration and
Landfills), addressed the Township Board regardinq that
group'L efforts to block the proposed incinerators in
Auburn Hills.
Mrs. Burton- Ristau made a formal request to have the
Township Attorney research adoption of an ordinance
regarding the Debarment Law which would give the
Township the opportunity to ask for a list of prior
convictions or environmental violations by a company
which has proposed to operate in the Township.
Mrs. Burton- Ristau also asked the Township to request .
an independent. health r'sk assessment, an independent.
envirormental impact assessment, and an independent air
quality assessment regarding the proposed incinerators,
if economically feasible.
Mrs. Burton- Ristau then presented a video tape "Florida
Burning" showing a Lake County, Florida incinerator and
how it relates to the proposed incinerators in Auburn
Hills. Mrs. Burton- Ristau also distributed printed
information.
14.___R_EQUEST_FOR STREET _CLOSURE- _NORTH CONKLIN ROAD
(2.2010) Carolyn Turner, 894 N. Conklin, requested
permission to close off a section of North Conklin Road
to hold a neighborhood block party. Discussion oti
potential traffic problems.
71
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAYS JULY 16, 1990
REQUEST FOR STREET CLOSURE cont...
Moved by English, supported by Rose to authorize
closure of North Conklin from Golfview to Indian Lake
Road on Saturday, August 25, 1990 from 3:00 p.m. until
midnight, subject to the approval of the Sheriff's
Department and the Fire Chief. Further discussion
followed. AYES: Arsen, Spearing, Skylis, Rose, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
15. EASEMENT AGREEMENT WITH WINEMAN INVESTMENT COMPANY REGARDING
(2.2312) Moved by Hall, supported by English to
approve the updated Wineman Easement Aqreement* as
presented. Discussion. AYES: Skylis, Rose, Arsen,
Spearing, Hall, English, Van Tassel. NAYS: None.
MOTION CARRIED.
16. ZONING AMENDMENTS, ROBERT WARRINGTON. APPLICANT
B. TEXT AMENDMENT, ARTICLE XII, SECTION 12.01M, AND
' SECTION 23.02A (2.2990) Clerk English read a memo*
dated July 9, 1990 from the Orion Township Planning
Commission recommending amendments to the RB -2 text.
Moved by English, supported by Hall to concur with the
Planning Commission recommendation and to amend the RB-
2 text to read as follows:
Principal Uses Permitted, Section 12.01, Paragraph M:
"Banks, credit unions, savings and loan associations,
and similar f- inancial institutions provided that all
proposed drive - through facilities are handled as a
Special Land Use subject to the provisions of Section
30.01."
Uses Not Permitted, Section 12.03, Paragraph A: "A
business or establishment having the character of a
drive -in or drive- through facility except as otherwise
provided in Section 12.01."
and to renumber the rest of the Sections in Article XII
accordingly.
ROLL CALL VOTE: AYES: Rose, Arsen, Spearing, Skylis,
Hall, English, Van Tassel. NAYS: None. MOTION
' CARRIED.
72
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES ,
REGULAR MEETINGS MONDAYS JULY-16,1990
WARRINGTON REZONING cont ...
A. REZONING REQUEST FROM GENERAL BUSINESS 1 (GB -1) TO
RESTRICTED BUSINESS 2 (RB -2). (2.2702) Clerk English
read a memo* dated July 9, 1990 from the Orion Township
Planning Commission regarding PC- 90 -16, Robert.
Warrington, Applicant, property located at 1929 S.
Lapeer Road.
After discussion, a Motion was made by English,
supported by Rose to concur with the P 1 a n n i n q
Commission and to approve the request of Robert.
Warrington to rezone the parcel in question from GB -1
to RB -2 because the rezoning agrees with the Master
Plan and is most appropriate for that parcel of land.
AYES: Spearing, Arsen, Skylis, Rose, Hall, English,
Van Tassel. NAYS: None. MOTION CARRIED.
17. CONTRACT UPDATE_______
(2.2905) At: the July 2, 1990 Regular Meeting, the
Township Board approved contracting with Dean Appraisal '
Company for an appraisal of the property involved in a
lawsui' brought by Lautrec (regarding a rezoning of a
93 acre parcel at the end of Scripps Road). The Board
placed a $5,000 limit on the contract. Dean Appraisal
would '--hen provide expert witnesses for the Township in
defending its decision to deny rezoning.
Jay Messer, a principal with Dean Appraisal, has now
estimated the required work w ll total between $10,000
and x12,000. Discussion followed.
Moved by Spearing, supported by Rose to approve a bill
for $$6,309.50 for payment and to put a $10,000 limit on
the total contract with Dean Appraisal. Further
discussion followed. AYES: Arsen, Skylis, Rose,
Spearing, H311, English, Van Tassel. NAYS: None.
MOTION CARRIED.
ADDITIONAL ITEM:
APPOINTMENT OF-DEPUTY-TREASURER
(2.3275) Moved ty English, supported by Rose to
confirm the appointment of Diane Dewey as Deputy
Treasurer effective July 17, 1990. AYES: Rose, Arsen,
Skylis, Spearing, Hall, English, Van Tassel. NAYS:
None. MOTION CARRIED.
73
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, JULY 16, 1990
ADDITIONAL ITEMS cont...
(2.3400) Supervisor Van Tassel reminded the Board
members of the Special Meeting to be held Monday, July
23, 1990 regarding approval of the Special Assessment
Roll for Elkhorn Lake.
---------- _------------------------------------------------------
(2.3445) Trustee Skylis questioned the status of the
Biltmore PUD.
--------------------------------------------- --------------- - - - ---
(2.3525) Moved by English, supported by Skylis to
adjourn the meeting. AYES: All. NAYS: None. MOTION
CARRIED.
THE MEETING ADJOURNED AT 10:35 P.M.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
mjs
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, JULY 23, 1990
The Charter Township of Orion Board of Trustees held a
Special Meeting, Monday, July 23, 1990 at 7:00 p.m. at the Orion
Township Hall, 2525 Joslyn Road, Lake Orion, Michigan 48035.
BOARD MEMBERS PRESENT:
Supervisor JoAnn
Van Tassel
Trustee
John Spearing
Clerk Marie E. English
Trustee
David Rose
Treasurer Suzanne
Hall
Trustee
James Skylis
Trustee
John Arsen
OTHERS:
Ron Price
Judy
Price
Rose Ann
Sauger
Donald Pritchard
Ernie
Howe
Evelyn
Howe
Pam Comstock
Linda
Chevrier
Rogers
Petersen
Debra Pauloski
Kevin
Cartwright
tz
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES ,
SPECIAL MEETING, MONDAY. JULY 23, 1990
Supervisor Van Tassel called the meeting to order. The
first item of business was the Public Hearing on the
Special Assessment Roll for weed control on Elkhorn
Lake.
THE SPECIAL MEETING OF THE TOWNSHIP BOARD TEMPORARILY RECESSED TO
HOLD THE PUBLIC HEARING REGARDING ELKHORN LAKE SPECIAL ASSESSMENT
ROLL FOR WEED CONTROL.
ACTION RESULTING FROM PUBLIC HEARING:
Discussion occurred on whether there is public access
on Elkhorn Lake which was not considered in the Special
Assessment Roll.
David Pritchard, 839 Walnut, addressed the Board
regarding his knowledge of a public access on the lake.
Ron Price, 829 Pine Tree, supported the Special
Assessment Roll as it stands for this year. He I
requested the Township investigate the existence of a
Public Access further if dredging of the lake is
considered in the future.
Moved by English, supported by Spearing to confirm the
Special Assessment. Roll for Elkhorn Lake weed control
and direct that further investigation be made regarding
access for any future rolls, if any. AYES: Skylis,
Rose, Arsen, Spearing, Hall, English, Van Tassel
NAYS: None. MOTION CARRIED.
2. INSURANCE COVERAGE ADJUSTMENT
Recommendation was made by :Insurance Consultant, Haig
Neville, for increases in insurance coverage as
follows:
General Eire- Water /Sewer Total
Additional _-$-5�00.01000_Covera_cLe - Liability - (new total
$10,000,000)
Cost $2900 $1530 $3570 $7500
Add itional_--�1,000,000_co_vera( - Property - (new total '
$3,500,000)
C7St $ 800 $ 500 $1200 $2500
75
CHARTER
SPECIAL
TOWNSHIP
MEETING,
OF ORION
MONDAY,
BOARD
JULY 23,
OF TRUSTEES MINUTES
1990
INSURANCE ADJUSTMENT COVERAGE cont..
"Extra Expense" Coverage - increased $200,000 to $250,000 total
Cost $ 570 $ 350 $ 859 $1779
"Valuable Papers" Coverage - increased $970,000 to $500,000 total
Cost $ 935 $ 155 $ 965 $1555
"Employee &_Board Member_ Faithful Performance" Coverage - $250,000
Cost $ 812 $ 50 $ 160 $1022
After discussion a Motion was made by Hall, supported
by English to approve the added coverage and to
authorize payment. AYES: Skylis, Rose, Arsen,
Spearing, Hall, English, Van Tassel. NAYS: None.
MOTION CARRIED.
' 3. APPROVE HIRING OF FIRE INSPECTOR _
Fire Chief Jeff Key answered questions from the Board
regarding his recommendation for Fire Inspector. Four
applicants met the minimum requirements set for the
job. They were:
Mark Chojnowski
David Garland
Michael Martin
Robert Smith
After review of test results and the qualifications of
each of the four remaining applicants for the position
of Fire Inspector, Chief Key recommended
Robert G. Smith be hired. Discussion followed.
Moved by English, supported by Skylis to authorize
hiring Robert G. Smith as Fire Inspector I, effective
July 30, 1990 at a rate of $11.50 per hour for a 35
hour work week with an increase to $12.00 after the 90
day probationary period. Discussion followed on the
pay rate for the 90 day probationary period. AYES:
Rose, Spearing, Skylis, Arsen, Hall, English, Van
' Tassel. NAYS: None. MOTION CARRIED.
rre
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
SPECIAL MEETING, MONDAY, JULY 23, 1990
Moved by English, supported by Spearing to adjourn the
meeting. AYES: All. NAYS: None. MOTION CARRIED.
THE MEETING WAS ADJOURNED AT 7:33 P.M.
Respectfully submitted
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
mjs
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, JULY 23, 1990
ELKHORN LAKE SPECIAL ASSESSMENT
The Charter Township cf Orion Board of Trustees held a
Public Hearing, Monday, July 23, 1990 at 7 p.m. at the Orion
Township Hail, 2525 Joslyn Road, Lake Orion, Michigan 48035.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
Clerk Marie E. English
Treasurer Suzanne Hall
OTHERS:
Ron Price Judy Price
Donald Pritchard Ernie Howe
Pam Comstock Linda Chevrier
Debra Pauloski Kevin Cartwright
PUBLIC HEARING CONVENED AT 7:00 P.M.
Trustee John Spearing
Trustee David Rose
Trustee James Skylis
Trustee John Arsen
Rose Ann Sauger
Evelyn Howe
Roger Petersen
Supervisor Van Tassel stated the purpose of the Public:
- learinq was to obtain public comment:: regarding the
Special Assessment Roll for weed control on Elkhorn
rake.
The following comments were made:
Ron Price, 829 Pine Tree, questioned how the assessment
determined.
77
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
PUBLIC HEARINGS MONDAY, JULY 23, 1990
CONT...
Supervisor Van Tassel stated the assessment was done on
the basis of benefit so that where there was an
occupied dwelling unit, it received one assessment. If
there was vacant property owned by the same person,
contiguous to an occupied dwelling unit, it was all
counted as one for assessment purposes. Two large
parcels on the western side of the lake that received a
higher assessment because of the extreme amount of
frontage. Vacant lots or groups of vacant lots owned
by the same owner that were contiguous got a lesser
assessment.
Mr. Price questioned whether the people who have access
to the Lake were assessed.
Supervisor Van Tassel stated the Township was not aware
of any associations or access lots so only lakefront
owners were assessed.
Mr. Price stated he was led to believe there was an
' access site on the east of the lake but he did not know
the location. He understood that people in the
subdivision directly behind that area between Pine Tree
and the lake had rights as property owners.
Supervisor Van Tassel stated Elkhorn and Crestmont
appear to be platted to the water's edge. No evidence
was presented to the Township regarding people off the
lake having access so only people whose property
abutted the lake are on the assessment roll.
Mr. Price also questioned whether this is strictly a
weed cutting or whether chemicals would also be used.
Supervisor Van Tassel stated both methods would be
used. The main problem weed in the lake has been
identified as milfoil which can only be controlled by
chemicals. If this weed is harvested, it will spread
and become thicker.
The first thing to be done will be a chemical kill and
followed by a harvesting later. The best method to be
used as been investigated and this method been used on
other lakes in the Township.
Mr. Price questioned whether this would be a one time
only chemical treatment and harvesting or whether it
will be done on a yearly basis.
W
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
PUBLIC HEARING._ MONDAY, JULY 23, 1990 __ -____
CONT...
MINUTES
Supervisor 'Van Tassel told Mr. Price that this Special
Assessment is for this year only.
Donald Pritchard, 839 Walnut, a longtime resident of
Elkhorn Lake, expressed concern about whether weed
harvesting and chemical treatments would be effective
and whether there was time to complete the treatments
for the 1990 summer season. Ile also stated that there
are people at the end of Pine who have access to the
lake.
Supervisor Van Tassel said the Township has looked into
dredging but there is not time to dredge this year.
Chemicals used to kill the milfoil would require that
residents not to use the lake for 24 hours only.
Dredging would be the most effective means of
controlling the weeds and will be looked into for the
future.
Clerk English read letters* Cathy and Bill Flanders,
900 Pine Avenue and Pam Comstock, 1309 Elkhorn Lake in
support of the weed harvesting and chemical treatment
of weeds on Elkhorn Lake.
Supervisor Van Tassel asked it anyone else wished to
speak at this Public Hearing. There were no further.
comments.
------------------------------------------------------------------
PUBLIC HEAR'[NG WAS DECLARED HELD.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
mjs
THIS MEETING IS ON TAPE.
*ON FILE IN THE CLERK'S OFFICE.
1
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
* M I N U T E S*
REGULAR MEETING, MONDAY, AUGUST 6, 1990
The Charter Township of Orion Board of Trustees held a
Regular Meeting, Monday, August 6, 1990 at 7:00 p.m. at the Orion
Township Hall, 2525 Joslyn Road, Lake Orion, Michigan 48035.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
Clerk Marie E. English
ABSENT: Treasurer Suzanne Hall
Trustee John Spearing
OTHERS:
Susan Galeczka
Jill Bastian
Eleanor Wolf
Nicole Robertson
Ken Thomas
Mary Cavanagh
Mary Painter
Jim Milford
Trustee John Arsen
Trustee David Rose
Trustee John Arsen
Parvin Lee
Arthur DesRosiers
Bonnie Stickney
Judy White
Ed Dudzinski
Lenore Cavanagh
Dick Sullivan
Sgt. Kim Rossman
MEETING CONVENED AT 7:00 P.M.
Sandra Dyl
Kim Furguson
Jerry Trimble
Don Bartus
Mark Vagi
Jim Weidman
Eugene Nutt
Deborah Wilson
The Pledge of Allegiance was led by Trustee Skylis, and
the Meditation was given by Clerk English.
(1.0090) Minutes of the July 16, 1990 Regular Meeting
and the July 23, 1990 Special Meeting will be submitted
for approval at the next meeting.
(1.0100) Discussion on the following bills:
Page 2, Oxford Office Supply, Office Supplies & Chair
Moved by English, supported by Rose to approve the
bills for payment as follows:
79
M
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
REGULAR MEETING, MONDAY, AUGUST 6, 1990.__._
BILLS cont ...
General
$ 19,.775.28
Fire
1,993.74
Water
4,520.69
Sewer
1,068.80
Other
106.25
Police _
_ _ 743.40_
TOTAL
$ 28,208.16
MINUTES
ROLL CALL VOTE: AYES: Arsen, Skylis, Rose, English
Van Tassel. NAYS: None. ABSENT: Spearing, Hall.
MOTION CARRIED.
3. ATTORNEY MATTES
A. CONFIRM PARTICIPATION IN LAKE ANGELUS VS WESTERN
DEVELOPMENT (AUBURN MILLS MEGA MALL) (1.0245) The
City o� Lake Angelus has filed a suit against the Mega
Mall seeking a permanent: injunction against
construction of that facility because of the adverse
impact it would have on the surrounding area. Lake
Angelus has asked a number of communities, including
Orion, to participate in the suit.
Board Members were polled seeking authorization to have
Orion join as a Party Plaintiff to the Lake Angelus
suit with the understanding that Orion's attorneys
would ne of Counsel and be kept informed of what was
happening in the suit but they would not be actively
engaged in the litigation. The Board members polled
were in favor of joining the suit.
Moved by English, supported by Arsen to confirm action
author °zing participation as a Party Plaintiff in the
case of Lake Angelus vs Western Development also known
as the Auburn Mills Mega Mall. Discussion followed.
AYES: Skylis, Rose, Arsen, English, Van Tassel. NAYS:
None. ABSENT: Spearing, Hala. MOTION CARRIED.
4., POLICE MATTERS
(1.0411) Item
was taken up
background on
including the
which have rep
Township.
12, a proposed Solicitation Ordinance*
at this time. Clerk English gave
the reasons for the proposed Ordinance
increasinq numbers of outside groups
guested to solicit door -to -door in the
1
M
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, AUGUST 6, 1990
POLICE MATTERS cont_
Sgt. Kim Rossman addressed the Board with his comments
on the proposed Ordinance and the application to
solicit. He referred to Page 4, Section 5, Hours of
Solicitation and Page 5, Section 10, Penalties,
recommending the Ordinance and the application be
consistent in these areas. He also recommended the
application require the Social Security number of the
applicant for identification purposes. Sgt. Rossman
spoke in favor of such an Ordinance. Further
discussion followed.
Parvin Lee, Township Attorney, answered questions from
the Board regarding the Ordinance.
Moved by English, supported by Rose to refer the
proposed Solicitation Ordinance* to the Township
Attorney for review and comment and to place this
matter on the next agenda.
' Trustee Skylis questioned Section 5 regarding the need
for medical certification of applicants. Further
discussion followed.
The Motion before the Board was reread. VOTE: AYES:
All. NAYS: None. MOTION CARRIED.
5. ASSESSING DEPARTMENT MATTERS
A. UPDATE ON REAPPRAISAL OF THE TOWNSHIP. (1.1030)
Kim Furguson, Assessing Office, addressed the Board
regarding the status of the reappraisal of all Township
property by Appraisal Research Corporation. The
company has been on site since mid - April, 1990 and to
date, has completed approximately 3200 out of 8000
residential parcels. They have not started the
commercial or industrial parcels at this time. Jack
Erne, Project Manager for A.R.C. expects to complete
work by October 15, 1990.
Assessment change notices will be mailed and property
owners will be given an opportunity to review their
property records and resolve discrepancies at pre -Board
of Review hearings. The earliest possible tax bill to
reflect this reassessment would be in July -1991.
' Lengthy discussion followed.
Jill Bastian, 913 Heights Rd., commented on the
procedures followed by Appraisal Research at her home.
rWW
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAY, AUGUST 6,_990
B. REQUEST TO ATTEND SEMINAR. (1.1615) Moved by
English, supported by Arsen to authorize Kim Furguson,
Assessing Department, to attend I.A.A.0. Course 301
(Mass Appraisal of Residential Property), at the Royal
Oak campus of Oakland Community College to be held
August 13 -17 and to reimburse a total cost of $310 upon
successful completion of the course. AYES: Rose,
Skylis, Arsen, English, Van Tassel. NAYS: None.
ABSENT: Spearing, Hall. MOTION CARRIED.
C. REIMBURSEMENT REQUEST. (1.1700) Moved by English,
supported by Rose to authorize reimbursement of $342
for I.A.A.O. Course 202 for Kim Furguson, Assessing
Department, for successful completion of that
previously authorized course. AYES: Skylis, Arsen,
Rose, English, Van Tassel. NAYS: None. ABSENT:
Spearing, Hall. MOTION CARRIED.
6. BUILDING DEPARTMENT MATTERS NONE----
7. DPW MATTERS NONE _
8. FIRE DEPARTMENT MATTERS_
A. WORKMAN'S COMPENSATION (1.1890) Recommendation was
made by Burnham and Flower Agency regarding adoption of
a Resolution for non- coordination of workman's
compensation benefits. This Resolution would state the
Charter Township of Orion does not want its workmen's
compensation coverage coordinated with any other
benefits provided by the Township. It would provide, in
the case of a long term injury to a volunteer
fireperson, workmen's compensation would not be the
only benefit from which the fireperson could draw.
After discussion a Motion was made by English,
supported by Rose to adopt a Resolution* indicating
that Orion Township does not want its workmen's
compensation coverage coordinated with any other
benefits. AYES: Arsen, Skylis, Rose, English, Van
Tassel. NAYS: None. ABSENT: Spearing, Hall. MOTION
CARRIED.
9. PARKS AND RECREATION MATTERS
A. AWARD BALLFIELD LIGHTING BID. (1.2080) Mark Vagi,
Director of Parks and Recreation, addressed the Board ,
regarding a recommendation by the Township engineers
m
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, AUGUST 6 1990
PARKS AND RECREATION MATTERS cont...
for resubmittal of bids for the Ballfield lighting
project. Bids submitted by Total Electric Company and
McNulty Associates were incomplete as required by the
job specifications. Moved by Arsen, supported by Rose
to reject all bids and to authorize readvertising for
bids with bids being due at noon Wednesday, August 15,
1990. AYES: Arsen, Skylis, Rose, English, Van Tassel.
NAYS: None. ABSENT: Spearing, Hall. MOTION CARRIED.
B. LETTERS OF RESIGNATION. GEORGE LATULIPPE - SAFETY
PATH COMMITTEE (1.2220) Moved by English, supported by
Arsen to accept the letter of resignation* dated August
2, 1990 from George Latulippe of the Safety Path
Committee, with regret, and to request an appropriate
letter be sent: thanking him for his efforts on behalf
of the people of Orion Township. Discussion. AYES:
Arsen, Rose, Skylis, English, Van Tassel. NAYS: None.
ABSENT: Spearing, Hall. MOTION CARRIED.
(1.2395) GEORGIA AEBEL - RECYCLING COMMITTEE. Moved
by English, supported by Skylis to accept the letter of
resignation* dated August 1, 1990 from Georgia Aebel of
the Recycling Committee, with regret, and to request
that a letter of appreciation thanking her for all of
her efforts on behalf of the Township be sent. AYES:
Rose, Arsen, Skylis, English, Van Tassel. NAYS: None.
ABSENT: Spearing, Hall. MOTION CARRIED.
10 REQUEST FROM CONNIE KRAJICEK TO ADDRESS THE TOWNSHIP BOARD
(1.2955) Connie Krajicek, 8118 NW 60th Ave., Ocala,
Florida, and 1111 Leidich, Lake Orion addressed the
Board regarding allegations concerning Township Board
actions as outlined in an eleven page statement* which
is on file in the Clerk's office.
The Township Board temporarily recessed from 8:25 p.m. until
8:92 p.m.
11. PLANNING COMMISSION INTERVIEWS
(1.5580) The Township Board had previously authorized
' advertising for a Planning Commission vacancy which
will expire October 31, 1990. The following resumes
(in alphabetical order) were received:
•
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES - MINUTES '
REGULAR_MEETING MONDAY.AUGUST 6, 1990
PLANNING COMMISSION INTERVIEWS cont ...
1. Don Bartus
2. Sandra Dyl
3. Mary Ann Smirnow
4. Gerald Trimble
5. James Weidman
Applicants were notified by mail that interviews would
be conducted at the August 6, 1990 Regular Board
Meeting
Each applicant was interviewed separately with the
others excused from the room. After a blind draw to
set the order of interviews, the applicants were
interviewed in the following order:
1. Gerald Trimble
2. James Weidman
3. Don Bartus
4. Sandra Dyl
Mary Ann Smirnow did not attend the meeting. '
Ken Thomas, 600 Cushing, and •Judy White, 2723 Calais,
commented on this matter.
13. RE- APPROVAL OF HEATHER LAKE ESTATES - FINAL PRELIMINARY PLAT
(2.2320) Clerk English read a memo* dated August 1,
1990 from the Orion Township Planning Commission
regarding PC-- 86 -11, Heather Lake Meadows #6. Moved by
English, supported by Rose tc concur with the Planning
Commission and to extend Final Preliminary Plat
approval for Heather Lake Meadows #6 - Heather Lake
Estate; to July 18, 1991. Discussion followed. AYES:
Skylis, Rose, Arsen, English, Van Tassel. NAYS: None.
ABSENT: Spearing, Hall. MOTION CARRIED.
14. PROPOSED ORDINANCE 78 AMENDMENTS - NONCONFORMITIES
(2.2495) Clerk Enqlish read a memo* dated
August 2, 1990 regarding amendments to the Zoning
Ordinance, Section 27.01 - Nonconformities. Moved by
English, supported by Rose to concur with the Planning
Commission and to approve the amendments to Ordinance
78 regarding nonconformities as follows: '
Delete current Section 27.01 and replace it with the
following Section 27.01 to read:
M
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, AUGUST b. 1990
SECTION 27.01 - NONCONFORMITIES (Amended 8/6/90, 78 -66)
A. Intent
Under the provisions of this Ordinance, separate
districts have been established in locations that are
appropriate for the uses permitted within each dis-
trict. With the establishment of these districts, it
is necessary and appropriate to regulate all nonconfor-
mities, which by their nature, may adversely affect the
orderly development and assessed value of other proper-
ty in the district. The purpose of this section is to
establish regulations that govern the completion,
restoration, reconstruction, extension or substitution
of nonconformities, and to specify those circumstances
and conditions under which nonconformities shall be
permitted to continue.
B. Definitions
1. Nonconforming Use: A nonconforming use is a use
which lawfully occupied a building or land on the
effective date of this Ordinance, or amendment hereto,
and which does not conform to the use regulations of
the zoning district in which it is located.
a. Nonconforming uses, for the purpose of this
Ordinance, include:
i. Nonconforming uses of open land;
ii. Nonconforming uses of buildings designed
for a conforming use;
iii. Nonconforming uses in buildings specifi-
cally designed for the type of use which
occupies them and not suitable for a
conforming use;
iv. Uses which are permitted by right or as
special land uses in the district in
which they are located, but which do not
meet special locational standards;
V. All other nonconforming uses arising
from the failure to meet any of the
' requirements imposed by this Ordinance.
o •
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES ,
REGULAR MEETING, MONDAY, AUGUST 6,_1990
TEXT AMENDMENT cont...
2. Nonconforming Structures. A nonconforming struc-
ture is a structure or portion thereof, including a
building or buildings, which lawfully existed at the
effective date of this ordinance, or amendments there-
to, and which does not conform to the provisions of the
ordinance in the zoning district in which it is lo-
cated.
a. Nonconforming structures, for the purposes of
this Ordinance, include:
i. Nonconforming structures, other than
buildings, such as signs, billboards,
fences and other structures;
ii. Buildings not in conformance with
dimensional requirements such as lot
area, yards, lot coverage, and height;
iii. Buildings not in conformance with
parking, loading, and /or landscaping I
requirements;
iv. All other nonconformities arising from
failure to meet any of the requirements
imposed by this Ordinance.
3. Nonconforming Site or Lot:, A nonconforming site or
1:)t is a site or lot or portion thereof existing on the
effective date of this Ordinance, or amendments
thereto, and which does not conform to the provisions
of the Ordinance in the zoning district in which it is
located.
4. Administrative Nonconformity: An administrative
nonconformity is any building, structure or use which
was in existence at the time of adoption of this
Ordinance and which is required by this Ordinance to
have special administrative approval such as special
land use approval, cluster housing development
approval, or Zoning Board of Appeals approval.
1
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, AUGUST 6, 1990
TEXT AMENDMENT cont...
C. Nonconforming Lots.
The following regulations shall apply to any noncon-
forming lot of record or nonconforming lot described in
a deed or land contract executed and delivered prior to
the effective date of this Ordinance or an amendment
thereto:
1. Use of Nonconforming Lots. Any nonconforming lot
shall be used only for a use permitted in the
district in which it is located. In any district
in which single family dwellings are permitted,
notwithstanding limitations imposed by other
provisions of this Ordinance, a single family
dwelling and customary accessory buildings may be
erected on any single lot of record at the effec-
tive date of adoption or amendment of this
Ordinance. This provision shall apply even though
such lot fails to meet the requirements for area
or width, or both, that are generally applicable
in the district, provided that:
a. The lot is at least fifty (50) feet in width.
b. Side yard setbacks as set forth in the
following chart are complied with:
Lot Width Side Yard Setback (Each Side)
50
to 54
feet
6
feet
55
to 59
feet
7
feet
60
to 65
feet
8
feet
65
to 69
feet
9
feet
70
feet
10
feet
C. The lot is in conformance with all other
applicable yard and lot requirements.
2. Variance to Yard Requirements. If the use of a
nonconforming lot requires a variation of the
front or rear setback or front or rear yard
requirements, then such use shall be permitted
only if a variance is granted by the Zoning Board
of Appeals under the terms of this Ordinance.
re
. .
.I M
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING,_MONDAY, AUGUST 6,1990
TEXT AMENDMENTS _cont ...
3. Nonconforming_, Contiguous Lots Under Same Owner-
ship. If two or more lots or combination of lots
with contiguous frontage in single ownership are
of record at the time of passage or amendment of
the Ordinance, and if all or part of the lots do
not meet the requirements established for lot
width and area, the lands involved shall be
considered to be an individual parcel for the
purposes of this Ordinance, and no portion of said
parcel shall be used, occupied, or sold in a
manner which diminishes compliance with lot width
and area requirements established by this
Ordinance, nor shall any division of any parcel be
made which creates a lot with width or area below
the requirements stated in this Ordinance.
Upon application to the Township Board, the Board
may, at its sole discretion, permit the combina-
tion, in whole or in part, of nonconforming lots
of record into building sites less than the size '
requirements provided in this Ordinance. Said
application shall be filed with the Township Clerk
on forms provided by the Township. The applica-
tion shall be accompanied by a plot plan drawn
according to the requirements set forth in Section
30.05(B,1) for single family residential parcels.
Approval of any such application shall be subject
to the following provisions:
a. Any newly created lot must be capable of
accommodating a structure that is in confor-
mance with the building area, setback, and
side yard requirements set forth in this
Ordinance.
b. Any lot created under these provisions shall
be at least fifty (50) feet in width.
C. In the event that a lot created under these
provisions is less than 12,500 square feet in
area, then any structure constructed on the
lot shall have direct hookup to the public
sanitary sewer system.
Ws
LUM
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING MONDAY AUGUST 6 1990
TEXT AMENDMENT cont
D. Nonconforming Uses of Land
A nonconforming use of open land may be continued after
the passage of this Ordinance, or amendment thereof, so
long as it remains lawful, provided that:
1. No such nonconforming use shall be enlarged or
increased, nor extended to occupy a greater area
of land than was occupied at the effective date of
adoption of this Ordinance or amendment hereto;
2. No such nonconforming use shall be moved in whole
or in part to any portion of the lot or parcel
other than that occupied by such use at the
effective date of this ordinance or amendment
hereto.
3. If any such nonconforming use of land ceases, is
discontinued, or abandoned for any reason for a
' period of 30 days or more, the use shall not
thereafter be permitted except in conformance with
the provisions of this Ordinance for the district
in which the land is located.
4. Upon the approval of the Planning Commission, such
• nonconforming use of land may be substituted for
• similar nonconforming use of land as long as:
a. no structural alterations or additions are
required to accommodate the new nonconforming
use; and
b. the proposed use is equally or more
appropriate in the district in which it is
located than the original nonconforming use.
5. Any such nonconforming uses which are seasonal
uses only shall be exempted from these provisions.
E. Nonconforming Uses of Structures or of Structures and
Land in Combination.
A nonconforming use of a structure or a structure and
' land in combination, may be continued after the effec-
tive date of adoption of this Ordinance, or amendment
hereto, so long as it remains lawful, provided that:
•
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, AUGUST 6, 1990
TEXT AMENDMENT cont...
1. No existing structure devoted to a use not
permitted by this ordinance in the district in
which it is located shall be enlarged, extended,
constructed, reconstructed, moved or structurally
altered, except:
a. in changing the use of the structure to a use
permitted in the district in which it is
located.
b. in accordance with the provisions of this
Ordinance.
2. Any nonconforming use may be
any part of a structure wh
arranged or designed for such
of this Ordinance, but no
extended to occupy any land
tune.
extended throughout
ich were manifestly
use at the adoption
such use shall be
outside such struc-
3. Any structure, or structure and land in combina-
tion in or on which a nonconforming use is
replaced by a permitted use, shall not thereafter
be used to carry on the nonconforming use.
4. When a nonconforming use of a structure, or
structure and land in combination ceases, is
discontinued, or abandoned for six (6) consecutive
months, or for eighteen (18) months during any
three (3) year period, the structure or structure
and land shall not thereafter be used except in
conformance with the provisions of this Ordinance
in the district in which it is located.
5. Where nonconforming use status applies to a
structure and land in combination, the removal or
destruction of the structure shall eliminate the
nonconforming status of the land. Destruction,
for the purposes of this Subsection, is defined as
damage to an extent of 50% of the replacement cost
of the structure as assessed at the time of
destruction.
6. Any nonconforming use of a structure or structure
and land in combination, which has decreased in
intensity from the date of its original
nonconformity, shall not thereafter be increased
in intensity.
al
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING MONDAY, AUGUST 6 1990
TEXT AMENDMENT cont...
7. If a structure or structure and land in combina-
tion in or on which a nonconforming use is per-
mitted to be carried on, is permitted to be
repaired, improved, modernized, altered, enlarged
or extended under the terms of this Ordinance, no
such nonconforming use may be extended, enlarged,
altered, or intensified to the extent that it
occupies a greater area in the structure or in the
structure and land in combination than before the
alteration to the structure.
8. Such a nonconforming use which is permitted to be
carried on in an structure or in a structure and
land in combination may be substituted for a
similar nonconformity, with the approval of the
Planning Commission, provided that:
a. no structural alterations are required to
accommodate the new nonconforming use; and
I b. the proposed use is equally or more
appropriate in the district than the existing
nonconforming use.
F. Nonconforming Structures
A nonconforming structure may be continued after the
effective date of adoption of this Ordinance or amend-
ments hereto, so long as it remains lawful, provided
that:
1. no such nonconforming structure may be enlarged or
altered in such a way that its nonconformity
increases, but any nonconforming structure or
portion thereof may be altered to decrease its
nonconformity;
2. should such nonconforming structure or nonconform-
ing portion of a structure be destroyed by any
means to an extent of 50% or more of its replace-
ment cost at the time of the destruction, it shall
not thereafter be reconstructed, except in confor-
mance with the terms of this Ordinance in the
district in which it is located;
1
92
CHARTER TOWNSHIP OF ORION BOARD OF TRWTEE8 MtlIUTES '
REGULAR MEETINGS MONDAY, AUGUST 6. 1990
TEXT AMENDMENT cont...
3. should such structure be moved for any reason for
any distance whatsoever, it shall thereafter
conform to the regulations of this Ordinance in
the district in which it is located after it is
moved.
G. Repairs and Improvements to a Nonconforming Structure
or Structure Containing a Nonconforming Use
1. Ordinary repairs or maintenance on any nonconform-
ing structure or portion thereof, or structure
containing a nonconforming use, may be conducted
to keep the structure in good condition. Improve-
ments or modernization of a nonconforming struc-
ture, or portion thereof,, or of a structure where
a nonconforming use may be carried on shall be
permitted provided that:
a. the cost of such improvements or moderniza-
tions do not exceed 50% of the value of the '
property as assessed at the time the struc-
ture or use thereof was originally deemed
nonconforming by the terms of this Ordinance
or amendments hereto; and
b. all other applicable provisions of this
Ordinance are complied with.
2. For the purpose of this Subsection, ordinary
repairs and maintenance shall include that neces-
sary to keep the structure and its components,
including wiring and plumbing, in good working
order and condition. Improvements and moderniza-
tion means the full replacement of any of the
structure's components, including full replacement
of wiring and /or plumbing.
3. If a nonconforming structure, or portion thereof,
or a structure in which a nonconforming use is
carried on, becomes physically unsafe or unlawful
for any reason, and is declared to be physically
unsafe or unlawful by the Building official,
acting pursuant to the laws of this State and /or
Township, by reason of its physical condition, it '
N
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, AUGUST 6. 1990
TEXT AMENDMENT cont
shall not thereafter be restored, repaired or rebuilt
except in conformance with the terms of this Ordinance
in the district in which it is located.
4. Nothing in this Ordinance shall be deemed to
prevent the strengthening or restoring to a safe
condition of any building or part thereof declared
to be unsafe by any official charged with protect-
ing the public safety, upon order of such offi-
cial, acting pursuant to the laws of this State
and /or of the Township.
H. Repairs, Maintenance, Improvements or Modernization of
a Structure Not Associated with a Nonconforming Use
1. Nothing in this Ordinance shall be deemed to limit
the repair, maintenance, improvement or moderniza-
tion of that portion of a conforming structure
that is not associated with a nonconforming use.
I. Alteration of a Nonconforming Single Family Residential
'
Structure in a Nonresidential Zoning District
The owner of a nonconforming single family residential
structure located in a zoning district in which single
family residential structures are not permitted by
right, may extend, enlarge, reconstruct, structurally
alter, repair, improve or modernize said residence upon
approval of the Planning Commission, provided that the
value of any such extension, enlargement, reconstruc-
tion, alteration, repair, improvement or modernization,
does not exceed fifty (50) percent of the assessed
replacement value of the residential structure. Prior
to issuance of a building permit, the owner shall
submit to the Planning Commission a plot plan, drawn in
accordance with the requirements set forth in Section
30.05 (B,1), plus a "Request to Alter a Residential
Structure in a Nonresidential District ". The Township
Planner shall review the request and recommend action
to the Planning Commission. Such alteration shall be
allowed only if the residential structure is properly
maintained and is in conformance with all other provis-
ions of this Ordinance, and provided that the altera-
tion will not cause harm to the health, safety, or
'
welfare of the occupants or other residents of the
Township.
ME�.
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING_ MONDAY, AUGUST6, _19�0_______,
TEXT AMENDMENTS coot...
J. Nonconformities Under Construction
1. To avoid undue hardship, nothing in this Ordinance
shall be deemed to require a change in plans,
construction, or designated use of any building on
which actual construction was lawfully begun prior
to the effective date of adoption or amendment of
this Ordinance and upon which actual construction
has been diligently performed; or
2. On which construction materials have been fixed in
permanent position and fastened in a permanent
manner; or
3. Where excavation, demolition or removal of an
existing building has been substantially begun
preparatory to rebuilding, where such excavation,
demolition or removal has been diligently carried
on and where actual construction on the rebuilding
project is begun and diligently carried on within '
a reasonable time after the excavation, demolition
or removal of the theretofore existing buildinq.
K. Administrative Nonconformities
A structure or use which is administratively noncon-
forming shall remain nonconforming until special
approval has been granted pursuant to application
submitted to the proper authority. Where special
approval has been granted such a structure or use shall
be deemed conforming. However, where special approval
has been denied, such structure or use shall be con-
sidered nonconforming on the basis for which the
application for special approval was denied.
L. Change in Tenancy or Ownership
In the event there is a change in tenancy, ownership or
management of an existing nonconforming use or struc-
ture, such nonconforming use or structure shall be
allowed to continue pursuant to the terms of this
Ordinance regarding such nonconformities.
M. Special Exceptions
Any use for which a special exception is permitted, as '
provided in this Ordinance, shall not be deemed noncon-
formity.
6M
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING MONDAY AUGUST 6, 1990
TEXT AMENDMENT cont...
Discussion followed. ROLL CALL VOTE: AYES: Arsen,
Skylis, Rose, English, Van Tassel. NAYS: None.
ABSENT: Spearing, Hall. MOTION CARRIED.
15. COUNTRY CLUB OF THE NORTH WETLANDS APPLICATION
(2.2930) Clerk English read a memo* dated August 2,
1990 from the Orion Township Planning Commission
regarding PC- 90 -12W, Country Club of the North,
Wetlands application. Moved by English, supported by
Rose to concur with the Planning Commission and to
approve the wetlands application (Township date stamped
July 10, 1990) for Country Club of the North for
property on the north side of Waldon Road. Discussion.
AYES: Skylis, Rose, Arsen, English, Van Tassel. NAYS:
None. ABSENT: Spearing, Hall. MOTION CARRIED.
16 DNR PUBLIC NOTICE RE: SOUTHWEST CORNER OF BROWN RD. AND M -29
' (2.3130) Moved by English, supported by Rose to
receive and file the Public Notice regarding an DNR
application by Auburn Acres Associates for work in
wetlands on property on the southwest corner of Brown
Road and M -29. Discussion followed. AYES: All.
NAYS: None. ABSENT: Spearing, Hall. MOTION CARRIED.
17. RESOLUTION RE: 1986 TAX REFORM ACT
(2.3970) After discussion a Motion was made by Rose,
supported by Arsen to adopt a Resolution opposing the
elimination of the deductibility of state and local
income and property taxes as follows:
RESOLUTION
DEDUCTIBILITY OF STATE AND LOCAL TAXES
WHEREAS, during consideration of the 1986 Tax Reform
Act, proposals were presented to eliminate
the deductibility of state and local income
and property taxes;
WHEREAS, in its search for revenues to meet the Gramm-
' Rudman - Hollings deficit target for FY91, the
House Budget Committee has prepared a propo-
eal too once again, f,upport thin OPtion;
W-6
CHARTER TOWNSHIP OF ORION'BOARD OF TRUSTEES — MINUTES '
REGULAR MEETING, MONDAY, AUGUST 6__1510
RESOLUTION cont...
WHEREAS, this proposal is contrary to the principle of
intergovernmental reciprocal tax immunity;
arid
WHEREAS, the property tax is one of the few remaining
deductions, Federal and State, which remain,
and elimination of the deductibility of state
and local income and property taxes would be
a detriment to local units of government,
NOW THEREFORE BE IT RESOLVED, the Charter Township of
Orion Board of Trustees opposes elimination
of the deductibility of state and local
income and property tax
AND BE IT FURTHER RESOLVED, that copies of this
Resolution be forwarded to the President of
the United States, George Bush, Governor
James Blanchard, U.S. Senator Donald Riegle,
Jr., U.S. Senator Carl Levin, U.S. '
Representative William S. Broomfield, State
Representative, State Senator Rudy Nichols,
State Representative Mat Dunaskiss and
Congressional members on the House Budget and
Ways and Means Committees and the Senate
Budget and Finance Committees, and
surrounding communities.
Eleanor Wolf, 835 E. Clarkston Road, commented on this
item.
ROLL CALL VOTE: AYES: Skylis, Arsen, Rose, English,
Van Tassel. NAYS: None. ABSENT: Spearing, Hall.
MOTION CARRIED.
18. ADVANTAGE MAINTENANCE CONTRACT
(2.3960) A Maintenance Agreement* was proposed between
Advantage Systems Inc. (suppliers of the Township's
software) and Orion Township to provide ongoing
computer software support at a recommended 40 hours per
month ( 1 person - 1 day per week) at a cost of $1600
per month. This contract would initially cover the
WA
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING MONDAY, AUGUST 6, 1990
ADVANTAGE SYSTEMS CONTRACT cont...
period of August through December 1990 with an
estimated cost of less than $5000. Discussion followed
including the cost of items to be included in such a
contract.
Moved by Rose, supported by English
Maintenance Agreement* with Advantage
authorize the Supervisor to sign on
Township. Lengthy discussion followed.
Skylis, Rose, English, Van Tassel.
ABSENT: Spearing, Hall. MOTION CARRIE[
19 REQUEST TO PURCHASE PRINTER
to approve the
Systems and to
behalf of the
AYES: Arsen,
NAYS: None.
(2.4780) This item will be placed on a future agenda.
20 REQUEST FOR BRIDGE OVER RAILROAD TRACKS
(2.4975) Clerk English read a memo* dated
' August 2, 1990 from the Orion Township Planning
Commission regarding a request by Biltmore Properties
Corporation to construct a wooden bridge over the
existing Grand Trunk right -of -way near Indianwood Road.
The building of the wooden bridge is part of an
agreement between Biltmore Properties and the
Indianwood Homeowners Association regarding the
Biltmore Properties PUD. Lengthy discussion followed
regarding the Biltmore PUD plans and specifics
regarding the bridge. Concerns were expressed that
approval of this request would facilitate Biltmore's
plan to create a access road between Oxford and Orion
through the development.
Bonnie Stickney, 731 E. Clarkston Road, and Eleanor
Wolf 835 E. Clarkston Road, addressed the Board
regarding this matter.
Moved
by English, supported by Van Tassel to concur
with the Planning Commission and to support the
plan
for a
wooden bridge over the existing
Grand Trunk
right -of
-way adjacent to this property
provided
the
bridge
is high enough for horses to pass
under on
the
trailway and wide enough to meet the
Township
Fire
Chief's
requirements. Further discussion
followed.
rowel
NO
CHARTER TOWNSHIP OF ORIOXR ROARS OF •TRUSTIES M16MES '
REGULAR MEETING, MONDAY, AUGUST 6. 1990
REQUEST TO BUILD BRIDGE cont__
ROLL CALL VOTE: AYES: English, Van Tassel. NAYS:
Skylis, Arsen, Rose. ABSENT: Spearing, Hall. MOTION
FAILED FOR LACK OF SUFFICIENT MAJORITY.
Trustee Arsen requested the item be placed on the next
meeting agenda after more information is received .
ADDITIONAL ITEMS:
MOTION TO GO TO CLOSED SESSION (3.0990) Moved by
Rose, supported by Skylis to go to Closed Session to
discuss pending litigation regarding Orion vs the Board
of Commissioners, Lautrec vs Orion, and First Security
Bank vs Orion. AYES: Skylis, Arsen, Rose, English,
Van Tassel. NAYS: None. ABSENT: Spearing, Hall.
MOTION CARRIED.
------------------------------------------------------------------
PUBLIC COMMENT: (Public comment was accepted before the Township I
Board went into Closed Session.)
Jill Bastian, 913 Heights Road, questioned the status
of the County 691 Plan and Orion vs the County Board of
Commissioners.
Supervisor Van Tassel stated the Plan has not been
submitted because of the litigation with Orion
Township. A hearing on that litigation has been set
for August 13, 1990. The Township has also gone on
record with formal opposition to the incinerator in
Auburn Hills and has voted in opposition to the
approving the amendment to the existing 691 plan which
allows the incinerator to be located in Auburn Hills.
Mrs. Bastian also questioned whether the Township would
be willing to talk about a Township recycling plan.
Supervisor Van Tassel felt this was an area for
investigation by the Recycling Committee. Further
discussion followed on a Lake Orion 9 -H Club recycling
project.
Bonnie Stickney, 731 E. Clarkston Road, addressed the
Board regarding recycling, the Biltmore bridge request, I
her written comments* on "dump benefits ", and a massage
parlor ordinance.
' CHARTER
REGULAR
TOWNSHIP
MEETING
OF ORION
MONDAY,
BOARD
AUGUST
OF
6,
TRUSTEES MINUTES
1990
THE TOWNSHIP BOARD TEMPORARILY RECESSED FROM 10:40 P.M. UNTIL
11:45 P.M. TO HOLD A CLOSED SESSION.
----------------------------------------------------------- - - - - --
ACTION RESULTING FROM CLOSED SESSION: (3.1570) Moved by
English, supported by Rose to authorize negotiating
settlement of Orion vs Oakland County Board of Commissioners
and to appoint a three member negotiating team. AYES:
Skylis, Arsen, Rose, English, Van Tassel. NAYS: None.
ABSENT: Spearing, Hall. MOTION CARRIED.
Moved by English, supported by Rose to adjourn the
meeting. MOTION CARRIED.
THE MEETING ADJOURNED AT 11:50 p.m.
Respectfully submitted,
Marie E. English, Clerk
' CHARTER TOWNSHIP OF ORION
mis
THIS MEETING IS ON TAPE
*ON FILE IN THE CLERK'S OFFICE
CHARTER TOWNSHIP OF ORION
BOARD OF TRUSTEES
* ** MINUTES * **
SPECIAL MEETING, TUESDAY, AUGUST 14, 1990
The Charter Township of Orion Board held a Special Meeting
on Tuesday, August 14, 1990 at 7:30 p.m. at the Orion Township
Hall, 2525 Joslyn Road, Lake Orion, Michigan. The meeting was
called for the purpose of convening into Close Session to discuss
pending litigation.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel Trustee James Skylis
Clerk Marie English Trustee John Arsen
Trustee David Rose
Trustee John Spearing
BOARD MEMBERS ABSENT:
' Treasurer Suzanne Hall
OTHERS:
Township Attorney Parvin Lee
102
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
SPECIAL MEETING- TUESDAY, AUGUST 14. 1999
Supervisor Van Tassel called the meeting to order at 7:90
p.m.
Moved by Trustee Skylis, supported by Trustee Spearing, that
the Board go into closed session to discuss pending
litigation, namely Orion vs. Oakland County and First
Security Bank vs. Orion Township. AYES: Skylis, Rose,
Spearing, English, Van Tassel. NAYS: None. ABSENT: Hall.
MOTION CARRIED.
At 9:50 p.m. the Board returned from closed session and the
following was made by Trustee Spearing, supported by Trustee
Skylis to adjourn the meeting. AYES: All. MOTION CARRIED.
MEETING ADJOURNED AT 9:55 P.M.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
Closed Meeting is on Tape.
---------------------------------------------------------- - - - ---
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
* M I N U T E S*
REGULAR MEETING, MONDAY, AUGUST 20, 1990
The Charter Township of, Orion Board of Trustees held a
Regular Meeting, Monday, August 20, +1990 at 7:00 p.m. at the
Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
ABSENT: Treasurer Sue Hall
Clerk Marie English
Trustee Jim Skylis
OTHERS:
Susan Galeczka
Mark Vagi
Melissa Winkler
Arthur Des Rosiers
Deborah Wilson
Eleanor Wolf
Joan Casco
Brad Gale
Dean Blauser
Michael Packard
Donald Milosch
Marcella Bailey
Lawrence Best
Ken Thomas
Joyce Deering
Richard Casco
Mary Ward
Don Bartus
Trustee John Arsen
Trustee David Rose
Trustee John Spearing
Darrell Kincade
Betty McDowell
Leon Harrison
Jill Bastian
Jerry Trimble
Bonnie Stickney
Patricia Gale
M. Burton- Ristau
Beverly Bartus
rj
101
MEETING CONVENED AT 7:00 P.M.
The Pledge of Allegiance was led by Trustee Spearing,
and the Meditation was given by Supervisor Van Tassel.
1 MINUTES (1.0200)
A. MINUTES OF REGULAR MEETING - JULY 16, 1990. Moved
by Spearing, supported by Rose to approve the Minutes
of the July 16 1990 Regular Meeting as submitted.
CHARTER TOWNSHIP OF ORION
REGULAR MEETING MONDAY
BOARD OF TRUSTEES
AUGUST 20 1990
MINUTES
OTHERS continued:
by Spearing, supported by Rose to approve the Minutes
Carl Cyrowski
Mary Heitian
Beverly Turner
'
R.L. Turner
Sgt. K. Rossman
James Milford
James Marleau
Jim Weidman
Jim Allen
Winifred Brinkmann
Lawrence Obrecht
AYES: All. NAYS: None. ABSENT: Skylis, Hall,
MEETING CONVENED AT 7:00 P.M.
The Pledge of Allegiance was led by Trustee Spearing,
and the Meditation was given by Supervisor Van Tassel.
1 MINUTES (1.0200)
A. MINUTES OF REGULAR MEETING - JULY 16, 1990. Moved
by Spearing, supported by Rose to approve the Minutes
of the July 16 1990 Regular Meeting as submitted.
E. MINUTES OF SPECIAL MEETING - AUGUST 14, 1990.
Moved by Spearing, supported by Rose to approve the
minutes of the Special Meeting of August 14, 1990 as
submitted. AYES: All. NAYS: None. ABSENT: Skylis,
Hall, English. MOTION CARRIED.
' (1.0390) Moved by Spearing, supported by Rose to
approve the bills for payment as follows:
AYES: All. NAYS: None. ABSENT: Skylis, Hall,
English. MOTION CARRIED.
B. MINUTES OF SPECIAL MEETING - JULY 23, 1990. Moved
by Spearing, supported by Rose to approve the Minutes
of the July 23, 1990 Special Meeting as submitted.
AYES: All. NAYS: None. ABSENT: Skylis, Hall,
'
English. MOTION CARRIED.
C. MINUTES OF PUBLIC HEARING - ELKHORN LAKE SPECIAL
ASSESSMENT ROLL. Moved by Arsen, supported by Spearing
to approve the Minutes of the Public Hearing regarding
the Elkhorn Lake Special Assessment Roll as submitted.
AYES: All. NAYS: None. ABSENT: Skylis, Hall,
English. MOTION CARRIED.
D. MINUTES OF REGULAR MEETING - AUGUST 6, 1990. Moved
by Arsen, supported by Rose to approve the Minutes of
the Regular Meeting of August 6, 1990 as submitted.
AYES: All. NAYS: None. ABSENT: Skylis, Hall,
English. MOTION CARRIED.
E. MINUTES OF SPECIAL MEETING - AUGUST 14, 1990.
Moved by Spearing, supported by Rose to approve the
minutes of the Special Meeting of August 14, 1990 as
submitted. AYES: All. NAYS: None. ABSENT: Skylis,
Hall, English. MOTION CARRIED.
' (1.0390) Moved by Spearing, supported by Rose to
approve the bills for payment as follows:
102
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, AUGUST 20, 3990 _
BILLS continued:
General $ 5,831.70
Fire 2,014.19
Water 57,916.78
Sewer 1,253,13
Other 172,944.25 ,
TOTAL $ 239,960.05
ROLL CALL VOTE: AYES: Arsen, Rose, Spearing, Van
Tassel. NAYS: None. ABSENT: Skylis, Hall, English.
MOTION CARRIED.
3. MATTERS
A. DON MILOSCH REQUEST. (1.0445) Don Milosch, Milosch
Chrysler - Plymouth, requested his petition for rezoning
on property on M -24 be considered after January 1,
1991.
Discussion followed. The Consensus of the Board was to
have the Township Attorney review the Zoning Ordinance '
and applicable State law regarding the time limits on
consideration of an application for rezoning and to
report to the Board. A copy of the Attorney's opinion
will be forwarded to Mr. Milosch.
Mr. Milosch questioned whether it is legal to hold a
meeting on the rezoning if he is not able to attend.
The Township Attorney will also research this question
and include the answer in his report.
B. LEON HARRISON, 746 E. SILVERBELL, ADDRESSED BOARD.
(1.0674) Mr. Harrison, questioned whether legal action
had been initiated against North Area Citizens
Conference and requested information regarding such
litigation.
Supervisor Van Tassel stated that North Area Citizens
Conference sued Orion Township and the Township is
respond'.ng. Since North Area Citizens Conference
initiated the suit, information regarding hearing dates
would come from their attorney.
C. ELEANOR WOLF, 835 E. CLARKSTON RD., (1.0740)
questioned the date of the meeting at which the Board ,
voted to authorize the Attorney to respond to the North
Area Citizens Conference suit. Discussion followed.
103
CHARTER TOWNSHIP OF ORION HOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY AUGUST 20, 1990
9. ASSESSING DEPARTMENT MATTERS
A. LETTER OF RESIGNATION. (1.0862) Moved by Spearing,
supported by Arsen to accept the letter of resignation*
from Kim Irwin, Co -op student and parttime worker in
the Assessing Department, and to request that an
appropriate "Thank you" be sent to her for all her
services on behalf of the Township. AYES: Rose,
Arsen, Spearing, Van Tassel. NAYS: None. ABSENT:
Skylis, Hall, English. MOTION CARRIED.
This position will be filled with a Co -op student.
5 BUILDING DEPARTMENT MATTERS NONE
6. DPW MATTERS
(1.1190) Marilynne Burton - Ristau, 17 Cardinal Hill,
addressed the Board at this time with a request for a
limited amount of funds from the Township Board to help
pay the costs of having Dr. Paul Connett come to the
community to assist citizens (RAIL - Residents Against
Incinerators and Landfills) in their fight against the
Oakland County solid waste plans. Dr. Connett will be
coming to the area in the fall of 1990. Lengthy
discussion followed.
Board members requested more specific information from
Ms. Burton - Ristau regarding Dr. Connett's credentials
before taking action on this request. Also, the
Township Attorney will respond to the question of
whether taxpayer dollars can be spent in support of a
private organization. Further discussion followed.
B. REQUEST TO ATTEND SHORT COURSE. (1.0950) Moved by
Spearing, supported by Arsen to authorize Beverly
Shaver, Assessing Department to attend the Assessing
Short Course entitled "Michigan Tax Tribunal
Procedures" to be held in Grand Rapids September 25 -27,
1990 and to pay the necessary fees and expenses.
Discussion followed. AYES: Arsen, Rose, Spearing,
Van Tassel. NAYS: None. ABSENT: Skylis, Hall,
English. MOTION CARRIED.
Trustee Arsen questioned the plans for hiring in the
Assessing Department. The Board authorized advertising
for applications for the Assessor's position in the
"Michigan Assessor" and applications are being received
at this time. The deadline for applications is at end
of September 1990. Interviews have not been scheduled.
5 BUILDING DEPARTMENT MATTERS NONE
6. DPW MATTERS
(1.1190) Marilynne Burton - Ristau, 17 Cardinal Hill,
addressed the Board at this time with a request for a
limited amount of funds from the Township Board to help
pay the costs of having Dr. Paul Connett come to the
community to assist citizens (RAIL - Residents Against
Incinerators and Landfills) in their fight against the
Oakland County solid waste plans. Dr. Connett will be
coming to the area in the fall of 1990. Lengthy
discussion followed.
Board members requested more specific information from
Ms. Burton - Ristau regarding Dr. Connett's credentials
before taking action on this request. Also, the
Township Attorney will respond to the question of
whether taxpayer dollars can be spent in support of a
private organization. Further discussion followed.
104
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING,_ MONDAY, AUGUST 20, 1990
9. ASSESSING DEPARTMENT MATTERS _
A. LETTER OF RESIGNATION. (1.0862) Moved by Spearing,
supported by Arsen to accept the letter of resignation*
from Kim Irwin, Co -op student and parttime worker in
the Assessing Department, and to request that an
appropriate "Thank you" be sent to her for all her
services on behalf of the Township. AYES: Rose,
Arsen, Spearing, Van Tassel. NAYS: None. ABSENT:
Skylis, Hall, English. MOTION CARRIED.
This position will be filled with a Co -op student.
B. REQUEST TO ATTEND SHORT COURSE. (1.0950) Moved by
Spearing_, supported by Arsen to authorize Beverly
Shaver, Assessing Department to attend the Assessing
Short Course entitled "Michigan Tax Tribunal
Procedures" to be held in Grand Rapids September 25 -27,
1990 and to pay the necessary fees and expenses.
Discussion followed. AYES: Arsen, Rose, Spearing,
Van Tassel. NAYS: None. ABSENT: Skylis, Hall,
English. MOTION CARRIED.
Trustee Arsen questioned the plans for hiring in the
,
Assessing Department. The Board authorized advertising
for applications for the Assessor's position in the
"Michigan Assessor" and applications are being received
at this time. The deadline for applications is at end
of September 1990. Interviews have not been scheduled.
5_ BUILDING DEPARTMENT MATTERS _ NONE __
6_ DPW MATTERS
(1.1190) Marilynne Burton - Ristau, 17 Cardinal Hill,
addressed the Board at this time with a request for a
limited amount of funds from the Township Board to help
pay the costs of having Dr. Paul Connett come to the
community to assist citizens (RAIL - Residents Against
Incinera -ors and Landfills) in their fight against the
Oakland County solid waste plans. Dr. Connett will be
coming to the area in the fall of 1990. Lengthy
discussion followed.
Board members requested more specific information from
Ms. Burton- Ristau regarding Dr. Connett's credentials ,
before taking action on this request. Also, the
Township Attorney will respond to the question of
whether taxpayer dollars can be spent in support of a
private organization. Further discussion followed.
105
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING MONDAY AUGUST 20, 1990
DPW MATTERS continued:
Eleanor Wolf, 835 E. Clarkston Road, also requested
information from Ms. Burton - Ristau regarding
Dr. Connett.
7. FIRE DEPARTMENT MATTERS
A. REQUEST TO PURCHASE REPLACEMENT DOORS. (1.1625)
Fire Chief Jeff Key answered questions from the Board
regarding a request to replace the existing doors on
the north side of Station #3 and to install another
door in a third bay that is now open, following a move
into the old library space. After receiving quotes
from several overhead door suppliers, Chief Key
recommended accepting the quote from Overhead Door
Company of Greater Detroit. Discussion followed on the
source of funds for the project.
Moved by Spearing, supported by Arsen to authorize
contracting with Overhead Door Company of Greater
' Detroit for replacing or installing three overhead
doors at Fire Station #3 at a cost of $5259. AYES:
Rose, Spearing, Arsen, Van Tassel. NAYS: None.
ABSENT: Skylis, Hall, English. MOTION CARRIED.
8. PARK AND RECREATION MATTERS
A. AWARD BALLFIELD LIGHTING AND PARKING LOT BID.
(1.1850) Mark Vagi, Director of Parks and Recreation,
answered questions from the Board regarding the
awarding of bids for ballfield and parking lot
lighting. Bids were retaken on August 16, 1990.
Mr. Vagi, upon recommendation of the Township
Engineers, endorsed accepting the bid for ballfield
lighting from G.T. Einstein Electric (including steel
poles) in the amount of $75,765 and accepting the bid
from Qualite Sports Lighting, Inc. for repair and
replacement and new installation of parking lot
lighting in the amount of $11,452.
Discussion followed including sources of funding for
the projects.
Moved by Spearing, supported by Rose to award the bid
for the ballfield lighting to G.T. Einstein Electric in
' the amount of $75,765 to include steel poles subject to
the condition that the submittal of all information
(i.e., correct pole locations, footcandle readings,
etc.) as required by the specification book, are made
and received by September 3, 1990; also, subject to the
106
CHARTER TOWNSHIP OF ORION.80ARD OF TRUSTEES MINUTES .
REGULAR MEETING. MONDAY. AUGUST 20. 1990
BALL FIELD LIGHTING cont...
stipulation that relocation of light poles be done at no
extra charge to the Township, as stated in their proposal.
The Township Engineers, Orchard, Hiltz & McCliment,
Inc., noted that all bids received neglected some piece
of information in submitting their bids, in general
regarding informat4oa,on,the 1.ocatAon and footcandle
readings for the poles.
Dean Blauser, Qualite Sports Lighting, addressed the
Board regarding his company's bid. Mr. Blauser stated
that Qualite's bid was complete at the time of the
first deadline for submitting bids and, therefore,
should be accepted.
Supervisor Van Tassel reiterated the opinion of Orchard
Hiltz & McCliment that all bids received were
incomplete in some area.
Mike Packard, Township Attorney, stated that in the
notice for accepting bids, the Township reserved the '
right tD wave any irregularities. He recommended the
Township proceed to award the bid to the lowest bidder.
Mr. Blauser objected to awarding the bid to
G.T. Einstein Electric. Further discussion followed
regarding the specifics of the bids.
Mark Fester, Musco of Michigan, addressed the Board
regarding the bids from Einstein Electric.
Further discussion followed on the need for more
information from the Township Engineers on whether the
bid from Einstein was in proper order and also their
recommendation on steel over wood poles. Discussion
occurred on the timeframe for installation in the bid
specifications.
Moved by Arsen, supported by Rose to postpone this
matter until the September 9, 1990 Regular Board
Meeting. AYES: Spearing, Rose, Arsen, Van Tassel.
NAYS: None. ABSENT: Skylis, Hall, English. MOTION
CARRIED.
Jill Bastian, 913 Heights Rd., requested the Board ,
consider additional lighting near the back door of the
Township Hall.
107
CHARTER
TOWNSHIP
OF ORION
BOARD
OF
TRUSTEES MINUTES
'
REGULAR
MEETING,
MONDAY,
AUGUST
20,
1990
Sgt. Kim Rossman inquired about the proposed
Solicitation Ordinance. Mike Packard, Township
Attorney stated there should be something ready for the
next Board meeting.
10. BETTY MC DOWELL ADDRESSED THE TOWNSHIP BOARD
(1.4000) Betty McDowell, 4615 S. Baldwin Road, read a
petition* to the Board containing the names of
residents of Baldwin Road in the area from Jordan Drive
to Judah Road requesting the rezoning of their property
from residential to a six hundred foot deep commercial
zoning due to the present commercial nature of the
surrounding area. Lengthy discussion followed on the
appropriate direction for action on this request
including the option for individuals to petition the
Planning Commission for rezoning.
The following citizens also addressed the Board on this
' matter:
Patricia Gale, 4625 Baldwin Road
Ken Thomas, 600 Cushing
Marcella Bailey, 4663 S. Baldwin Road
Melissa Winkler, 4616 Baldwin Road
Eleanor Wolf, 835 E. Clarkston Road
Bonnie Stickney, 731 E. Clarkston Road
Letters* regarding this matter were submitted from the
following property owners:
Hilda Hedden, 4607 S. Baldwin Road
Joseph Gasparovic
Jose and Stella Evangelista
Trustee Spearing indicated the Township Board's
position was to advise the citizens to submit their
request to the Planning Commission and, if it is the
desire of the residents of the area to have all
requests considered as one request, that the Board
would recommend that the Planning Commission do so.
' The Township- Board temporarily recessed from 8_37 until 8_57 p.m.
CHARTER TOWNSHIP OF ORION BOARD OF TRUST09S T4IHUTM '
REGULAR MEETING, MONDAY, AUGUST 20,19!'0
11. REQUEST BOARD TO HOLD PUBLIC HEARING RE: MILOSCH & SKALNEK
(2.0295) Robert and Beverly Turner, 211 Goldengate, on
behalf of the residents and property owners of John
Winter Subdivision and the surrounding area addressed
the Board. The Turners presented a petition*
requesting that a Public Hearing be held before the
Township Board to discuss publicly the rezoning request
by Milcsch Chrysler Plymouth and Skalnek Ford for
residential properties (Lot 35 and Lots 70 & 71 in the
John Winter Land & Home Subdivision) from R -3 zoning to
GB -2. Lengthy discussion followed.
Trustee Rose stated that he preferred to see the
request, dealt: with as separate issues.
The Consensus of the Board was to allow any citizen who
wished to be heard on these matters to speak when these
items are on the regular Board agenda.
12. LOT SPLIT REQUEST, 2569 BALDWIN RD., RICHARD AND
JOAN GASCO, APPLICANTS
(2.0630) Darrell Kincade, Century 21, representing Joan
and Richard Gasco, gave background on the request to
split lots at 2560 Baldwin Road, stating the request
has been revised to contain four splits in accordance
with the ordinance rather than five splits. A new
drawing from the surveyor has been submitted to the
Assessing Department. Also, a report* was submitted
from Hartley & Associates, Civil Engineers, regarding
soil test borings on the proposed land division which
finds tKe parcels to be buildable.
Mr. Kincade met with Supervisor Van Tassel and Clerk
English during the week of August 13. Treasurer Hall,
the third member of the committee, was unable to attend
that meeting. Mr. Kincade has also walked the property
with Clerk English who felt the property was buildable.
It. was recommended that Mr. Kincade bring this matter
back to the Board for decision. Mr. Kincade requested
the Board grant approval for the revised property
split.
Supervisor Van Tassel still expressed concerns about
whether all the lots that would be created will be
buildable. She has been unable to meet with Mr. ,
Kincade to walk the property and questioned the
findings in the Hartley & Associates report. Lengthy
discussion followed.
109
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, AUGUST 20, 1990
GASCO LOT SPLIT cont...
Board members expressed a desire to have the Township
Engineers review the Hartley 5 Associates report and advise
them of the criteria for a buildable lot. This matter would
then be addressed at the next regular Board Meeting when
more Board members could be present.
Joan Gasco, 2560 Baldwin, property owner questioned
when decision would be made. It was determined if a
decision could be reached by the Supervisor and Clerk
on whether the site is buildable, further Board action
would not be needed.
17. BILTMORE BRIDGE REQUEST
(2.1655) At the last meeting the Board considered
recommendation from the Planning Commission that the
Township support a plan by Biltmore Properties for a
wooden bridge over the Grand Trunk right -of -way north
of Indianwood Road.
' On August 7, 1990 members of the Board were sent a copy
of the agreement* between Biltmore and the Indianwood
Improvement Association. Reference was made to
paragraph 4 of the agreement which speaks specifically
to allowing a wooden vehicular bridge over the right -
of -way as follows:
4. The vehicular bridge over the present
railroad right -of -way shall be constructed of
wood in a style similar to the access bridge
to the Michigan National Bank Headquarters at
27777 Inkster Road, Farmington Hills,
Michigan. Sufficient clearance below the
bridge shall be allowed for use of the
railroad right -of -way as a trailway.
Biltmore Properties would like a letter of support re-
garding the plan for the wooden bridge so they may pro-
ceed to discuss crossing the right -of -way with the DNR.
Lengthy discussion followed including the comments of
Jim Allen, 994 Abseguami, Mary Heitian, 1071 Nakomis
and Larry Obrecht, 1437 Nakomis who addressed the Board
regarding the background of Indianwood Improvement
Association's attempts to reach an agreement with
Biltmore Properties. They also spoke in support of
Biltmore's request for the wooden bridge. Reference
was made to Page 6, Paragraph 15 of the agreement
regarding governmental agencies.
110
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAY, AUGUST 20, 1990
BILTMORE REQUEST cont...
Jill Bastian, 913 Heights Road, and Winifred Brinkmann,
1062 Abseguami, addressed the Board regarding the
effects of the development on the area.
The Boa:cd expressed concern that approval of this
request would indicate Township support of a through
road from Oxford to Orion in the Biltmore development
which could increase the traffic in the area. The
Board requested to see the current plan for the road
and the bridge and to speak to the Safety Path
Committee about their concerns before making a
decision. Further discussion followed.
Supervisor Van Tassel will ask Biltmore Properties to
put together information regarding plans for Oxford and
Orion, marking where the road is located, and put this
matter on the next agenda.
13. PLANNING COMMISSION APPOINTMENT '
(2.3785) After reviewing the qualifications and
responses of applicants who were interviewed at the
August 6, 1990 Board Meeting, Supervisor van Tassel
appointed Sandra Dyl to fill the vacancy created by the
resignation of Jerry Sweetland (to complete a term
which expires October 31, 1990). Discussion followed.
Moved by Rose, supported by Spearing to deny approval
of the appointment of Sandra Dyl to fill the vacancy on
the Planning Commission. AYES: Arsen, Spearing, Rose.
NAYS: Jan Tassel. ABSENT: Skylis, Hall, English.
MOTION DIED FOR LACK OF SUFFICIENT MAJORITY.
14__ REQUEST FOR ROAD CLOSURE, SANDOVAL DRIVE, SUBDIVISION PARTY
(2.4215) Jim Marleau, President of Keatington Cedars
Homeowners Association, addressed the Board. Moved by
Arsen, supported by Rose to approve a request to close
Sandoval Drive on Saturday, September 22, 1990 from
3:00 p.m. to 10:00 p.m. for the Keatington Cedars 9th
Annual Subdivision Party. AYES: Spearing, Rose,
Arsen, van Tassel. NAYS: None. ABSENT: Skylis, '
Hall, En( ;lish. MOTION CARRIED.
111
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING MONDAY AUGUST 20 1990
15 REQUEST FROM KEATINGTON AREA HOMEOWNERS
(2.9390) A request was received from area homeowner's
associations located on Voorheis Lake for information
regarding the drains that feed into the lake. They are
concerned about drainage of phosphorus and fertilizers
into Voorheis Lake through the storm drain.
After discussion on the possible need for this type of study
on other area lakes, a Motion was made by Spearing,
supported by Rose to authorize the Township Engineers to
identify drains feeding Voorheis Lake, provide
recommendations for changes to the system and a cost
estimate at a cost not to exceed $500.
Mary Ward, 1592 Indianwood, mentioned drains on
Abseguami Trail which run into Indianwood Lake.
ROLL CALL VOTE: AYES: Arsen, Spearing, Rose,
Van Tassel. NAYS: None. ABSENT: Skylis, Hall,
English. MOTION CARRIED.
' 16 PAINT CREEK FARMS 12 FINAL PLAT APPROVAL
(2.9663) Supervisor Van Tassel stated that a letter*
(dated August 15, 1990) had been received from the
Township Engineers regarding Paint Creek Farms #2 Final
Plat Approval. The Plat has been reviewed and has been
determined to be in substantial compliance with the
Township Ordinances. Paint Creek Farms is located on
Baldwin Road south of Stanton Road and borders the west
side of Pungs Lake.
Moved by Arsen, supported by Spearing to approve the
final plat for Paint Creek Farms #2 and to authorize
the Clerk to sign the mylar when surety for lot markers
and monuments has been deposited with Township. AYES:
Rose, Arsen, Spearing, Van Tassel. NAYS: None.
ABSENT: Skylis, Hall, English. MOTION CARRIED.
18. PAINT CREEK RIDGE FINAL PRELIMINARY PLAT EXTENSION
(2.9910) Supervisor Van Tassel read a memo* dated
August 16, 1990 from the Orion Township Planning
Commission regarding extension of Final Preliminary
Plat to Paint Creek Ridge #2 (PC -89 -20 - property
' located in the Kern -Orion Road area). Moved by
Spearing, supported by Rose to concur with the Planning
Commission and to extend Final Preliminary Plat
approval to Paint Creek Ridge #2 for one year until
November 2, 1991.
112
CHARTER TOWNSHIP OF' ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAY, AUGUST 20, 1990
PAINT CREEK RIDGE FINAL.. PRELIMINARY PLAT coat...
Mike Foley, addressed the Board regarding the name of
the subdivision.
ROLL CALL VOTE: Ayes: Rose, Arsen, Spearing, Van
Tassel. NAYS: None. ABSENT: Skylis, Hall, English.
MOTION CARRIED.
19. REQUEST TO ATTEND MSPO
(2.5195) Moved by Spearing, supported by Arsen to
authorize any Township Board member, Planning
Commission member, or appropriate staff to attend the
Michigan Society of Planning Officials ( M S P 0 )
Conference to be held October 11 -13, 1990 in Lansing
and to pay necessary fees and expenses. AYES: Rose,
Arsen, Spearing, Van Tassel. NAYS: None. ABSENT:
Skylis, Hall, English. MOTION CARRIED.
20. REQUEST TO PURCHASE PRINTER _
This item will be placed on a future agenda.
ADDITIONAL ITEMS: (2.5390)
Leon Harrison, 796 E. Silverbell, expressed
disappointment in the Board rejecting the Supervisor's
appointment of Sandra Dyl to the Planning Commission.
Discussion followed. Mr. Harrison also supported
Marilynne Burton- Ristau's request for Board members to
view the tape "Florida Burning ". He also requested the
Board support a millage request to be used for legal
fees to oppose the incinerator and the expansion of
Eagle Valley Landfill.
Bonnie Stickney, 731 E. Clarkston Rd., requested the
Board support placing local questions on the ballot
without residents having to have petitions signed. She
also asked the Board to consider being a co- sponsor
with RAIL in the hiring of the expert to fight the
incinerator. Discussion. Mrs. Stickney also commented
on procedures regarding the Final Preliminary Plat
Extension.
Marilynne Burton - Ristau, 17 Cardinal Hill, commented on '
sources of information regarding Dr. Paul Connett's
credentials and the incinerator issue. Discussion followed.
She asked the Board not to sign the intergovernmental
agreement regarding the 641 Plan.
L
113
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, AUGUST 20, 1990
Robert and Beverly Turner, 211 Goldengate, asked the
Board to hold a formal Public Hearing on the Skalnek
and Milosch rezoning requests rather than only allowing
public comment during Regular Board Meeting
consideration of those matters. The Turners wished to
ensure that: the residents and property owners they
represented would be heard.
Mike Packard, Township Attorney, will research the need
to advertise a Public Hearing before the
September 9, 1990 meeting. Board members expressed the
wish to see background on the rezoning requests before
any Public Hearing was scheduled.
Supervisor Van Tassel suggested the Turners make their
request for a Public Hearing before the Skalnek matter
is acted upon at the September 9, 1990 Meeting. At
that point, a time for the Public Hearing can be set
and the Hearing can be properly advertised. The same
procedure could be followed with the Milosch request.
----------------------------------------------------------------
Eleanor Wolf, 835 E. Clarkston, questioned, in regards
to the Turner's request, whether there was a limit in
State or Township law about the lapse in time between
the Planning Commission recommendation on Milosch and
the action of the Board on Milosch. Mrs. Wolf also
questioned whether Mr. Milosch's presence would be
necessary for the Public Hearing.
----------------------------------------------------------------
Judy White, 2723 Calais, questioned whether Recycle
America had petitioned the Board to be on the agenda or
contacted the Supervisor to discuss the recycling
contracts from the County Plan. Supervisor Van Tassel
has not received any communication from anyone who has
identified themselves as being with that organization.
Discussion followed.
Moved by Spearing, supported by Arsen to adjourn the
meeting. MOTION CARRIED.
THE MEETING ADJOURNED AT 10:90 P.M.
mjs
THIS MEETING IS ON TAPE
*ON FILE IN THE CLERK'S OFFICE
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
114
CHARTER TOWNSHIP OF ORION
* M I N U T E S*
REGULAR MEETING, TUESDAY, SEPTEMBER 9, 1990
The Charter Township of Orion Board of Trustees held a
Regular Meeting, Tuesday, September 9, 1990 at 7:00 p.m. at the
Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan
98360.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
Clerk Marie E. English
BOARD MEMBERS ABSENT:
Treasurer Suzanne Hall
OTHE SS :
Susan Galeczka
George Perry
Agnes Guess
Mar.ilynne Burton - Ristau
Keith Mayer
Beatrice Robertson
Beverly Turner
Eleanor Wolf
Richard M. White
Theresa Harris
Wallace Kanaby
Debra Wilson
Dennis Hart
Howard Griggs
Gerald Letcher
Trustee John Arsen
Trustee David Rose
Trustee Jim Skylis
Trustee John Spearing
Mike Packard
Doris Perry
Leon Harrison
Randolph Guess
Gracie Langford
Clifford Robertson
R. L. Turner
Bonnie Stickney
Sgt. K. Rossman
Don Bartus
R. Parker II
Jack Carnahan
Thomas Price
Jack Ward
James Davert
Sandy Greenberg
Debbie Barnowsky
Ronna L. Roach
Dan Roach
James Langford
Florence Dovert
Jill Bastian
David Turner
Debbie Earhart
Shirley Russell
Jim,Skiba
Terry Hart
Corothea Griggs
Jim Williams
MEETING CONVENE AT 7:10 P.M.
The Pledge of Allegiance was led by Supervisor JoAnn
Van Tassel, and the Meditation was given by Trustee
John Arsen.
A. MINUTES OF THE REGULAR MEETING. (1.0075)
CORRECTION: Change Meeting date from August 16 to
August 20, 1990. Moved by Spearing, supported by Rose,
to approve the Minutes of the Regular Township Board
Meeting of Monday, August 20, 1990 as corrected.
MOTION CARRIED.
L__1
115
CHARTER
TOWNSHIP
OF ORION
BOARD OF TRUSTEES
'
REGULAR
MEETING,TUESDAYSEPTEMBER
Sewer
4, 1990 MINUTES
(1.0140) Moved by Spearing, supported by Rose, to
approve the bills for payment as follows:
General
$ 2,026.92
Fire
1,265.42
Water
167.18
Sewer
96.29
Police
402.40
TOTAL
$ 3,958.21
3. ATTORNEY MATTERS
A. OPINION ON TIMETABLE FOR REZONING REQUESTS.
(1.0285) Mike Packard, Township Attorney, qave the
following opinion regarding the Milosch Rezoning
Postponement:
The Township Rural Zoning Act does not provide any
specific time limits for final action on a rezoninq
petition by the Township Board. The Township Zoning
' Ordinance No. 78, Section 30.05 is also void of such a
limitation on the Township Board. It should also be
noted that neither the Township Zoning Ordinance nor
the state law requires the petitioner to be present at
board meetings wherein the rezoning is acted upon.
The Township Zoning Ordinance does provide that
following receipt of the written reports and
recommendation from the Planning Commission, the Board
may grant or deny the application for rezoning. It is
also provided that the Board may hold additional
hearings on the application if it so desires.
It is the Attorney's opinion that the absence of a time
limit for final Board action on a rezoning petition
leaves the Board with the discretion to delay final
action, on the petitioner's request, for a period of
time.
Length discussion followed.
The following citizens expressed their concerns:
Eleanor Wolf, 835 E. Clarkston Rd.
Sandy Greenberg, 244 Goldengate
Beverly Turner, 211 Goldengate
George Perry, 305 Goldengate
Jill Bastian, 913 Heights Rd.
Robert Turner, 211 Goldengate
116
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
REGULAR_ MEETING,TUES_DAY,_SE_PTEMBER_ 4,_ 1990__ ._MINUTES
ATTORNEY MATTERS cost __._
The consensus of the Board was to refer this matter to
the Township Attorney to draft a Policy Statement.
Clerk English and Trustee Rose were not in agreement.
B. SOLICITATION ORDINANCE. (1.2375) Mike Packard,
Township Attorney, reviewed the proposed ordinance.
Moved by English, supported by Spearing, to adopt the
Solicitation Ordinance as amended and Section 5E and
Section 6 setting the initial license fee at $25.00
with a renewal fee of $10..00 for each renewal durinq
the same calendar year. Discussion.
Sandy Greenberg, 240 Goldenqate, requested the
application also include a driver's license number, a
social security number, or a finger print.
Sgt. Kim Rossman, Oakland County Sheriffs Department,
questioned if it would or won 1d not be necessary for
each solicitor to carrying a permit or license.
Lengthy discussion regardtnq difference between
Solicitation ordinances and Transient Merchants
Ordinances.
Moved by English, supported by Skylis, to withdraw the
motion and postpone this item to the September 17, 1990
Board fleeting AYES: Arsen, Rose, Skylis, Spearing,
English, Van Tassel. NAYS: None. ABSENT: Hall.
MOTION CARRIED.
C. (1.4075) Moved by Rose, :supported by Spearing, to
have the Township Attorney review the Personnel Policy
and cr'tique it for possible changes. Discussion.
AYES: Spearing, Skylis, Arsen, Rose, Van Tassel.
NAYS: 3nglish. ABSENT: Hall. MOTION CARRIED.
D. (1.4260) David Turner, 181 Ontario Court,
requested an update on Orion vs. Meachum. This will be
place o? the September 17, 1990 Board Agenda.
E. (1.4800) Leon Harriscn, 745 E. Silverbell,
requested ari update on First. Security Bank vs. Orion.
Supervisor Van Tassel responded nothing_ has been
resolved as of this time.
1
117
CHARTER
TOWNSHIP
OF ORION BOARD OF
TRUSTEES
'
REGULAR
MEETING.___T_UESDAYSEPTEMBER
_4 _1990 MINUTES
4. BUILDING DEPARTMENT
A. REQUEST TO ATTEND SEMINAR. (1.4918) Moved by
English, supported by Arsen, to authorize the Building
Official to attend the Building Officials 53rd Annual
Meeting October 10, 11 and 23, 1990 in Traverse City,
Michigan and to pay the necessary registration and
expenses. AYES: Spearing, Rose, Skylis, Arsen,
English, Van Tassel. NAYS: None. ABSENT: Hall.
MOTION CARRIED.
B. BORON GAS STATION (1.5025) Glenn Bartoni,
Building Official, gave an update on the clean up of
property located on the southwest corner of Clarkston
and M -24. Discussion.
A. VILLAGE OF LAKE ORION REQUEST TO PURCHASE WATER.
(1.5720) Richard White, Director of Public Works,
' stated the village of Lake Orion has requested a
proposal for the purchase of water from Orion Township.
Mr. White has outlined his recommendations in his
letter dated August 30, 1990* for such a proposal.
Charges would be marked up 1.5 times more than what the
residents of the Township are charged. Lengthy
discussion regarding Mr. White's recommendations
followed.
Moved by English, supported by
White's recommendations to th
for their review and comment
within 60 days. AYES: Arsen,
English, Van Tassel. NAYS:
MOTION CARRIED.
Skylis, to forward Dick
Village of Lake Orion
and request a response
Spearing, Rose, Skylis,
None. ABSENT: Hall.
B. REQUEST TO AUTHORIZE PLANS AND SPECIFICATIONS FOR
WATER MAIN EXTENSION. (2.0510) Richard White,
Director of Public Works, stated the Township Board at
the June 4, 1990 Meeting authorized Orchard, Hiltz &
McCliment Engineering Company to do preliminary
engineering and cost estimates for two proposed
projects.
Project No. 1 is for pressure reducing valves and pits.
The engineers prepared an estimate for a pressure
reducing valve study. Estimated cost is $2,490.00.
118
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES '
REGULAR__MEETING_,_ TUESDAY, SEPTEMHER_4,_199.O __. _MINUTES,
DPW_ MATTERS _cont ...
_
Lengthy discussion followed.
Moved by English, supported by Spearing, to authorize
Orchard, Hiltz and McCliment to prepare a computer
model of the water system with pressure reducing valves
at cost not to exceed $3,000.90 per Mr. White's memo
dated Auqust 31, 1990 *. AYES: Rose, Arsen, Skylis,
Spearing, English, Van Tassel. NAYS: None. ABSENT:
Hall. MOTION CARRIED.
Project. No. 2 is broken into '.hree separate estimates
as as follows:
a). To make a looped system from our existing
water main on Orion Road near Conklin tc
Joslyn and Indianwood. Estimated cost
is $1,180,000.00.
b) To extend water main from Clarkston and
M -24 to connect
to existing water main.
PROPOSAL FOR DISPATCH
(This would he
needed to serve
the Village
Fire Chief, addressed
of Lake Orion.
A meter pit is
included in
,
the estimate.
Estimated cost
is $286,000.00.
all the Village has
c) To extend water main from North Village line
on M -24 South to Flint Street to connect to
existing Village of Lake Orion system. A
meter pit is included in this estimate.
Estimated cost is $218,000.00.
Moved by Rose, supported by Skylis, to authorize
Orchard, Hiltz, and McCliment to prepare the necessary
plans and specifications to extend the Township water
system from Indianwood and Joslyn intersection across
the top of the Village and down the east side to the
Orion and Conklin Roads area. Discussion. AYES:
Arsen, Rose, Skylis, Spearing, English, Van Tassel
NAYS: None. ABSENT: Hall. MOTION CARRIED.
6. FIRE DEPARTMENT MATTERS
A. VILLAGE OF LAKE
ORION'S
PROPOSAL FOR DISPATCH
SERVICES.
(2.1010)
Jeff Key,
Fire Chief, addressed
the Board
regardinq the
Village's
Proposal for Dispatch
Services.
Fire Chief
Key stated
all the Village has
done is
reduced the
origina=
proposal submitted in
March to
a contract,
and he is
opposed to it because
the Village
will not submit
any
additional information.
119
FIRE DEPARTMENT MATTERS cont._
Moved by English, supported by Skylis, to reject the
Proposed Contract from the Village of Lake Orion
regarding Dispatch Services and authorize entering into
negotiations with the Village. Lengthy discussion
followed. AYES: Rose, Arsen, Spearing, Skylis,
English, Van Tassel. NAYS: None. ABSENT: Hall.
MOTION CARRIED.
B. REQUEST TO ATTEND SEMINARS. (2.2480) Moved by
English, supported by Rose, to authorize the Fire Chief
to attend the "Apparatus Design and Specification
Writing Seminar" on September 29 and 30, 1990 and
authorize the Fire Inspector to attend a "BOCA Training
Program" on Wednesday evenings from September 26 to
December 12, 1990 and pay the necessary fees and
expenses. AYES: Spearing, Skylis, Arsen, Rose,
English, Van Tassel. NAYS: None. ABSENT: Hall.
MOTION CARRIED.
' 7. PARKS AND RECREATION MATTERS
A. AWARD BALLFIELD LIGHTING /PARKING LOT LIGHTING BID.
(2.555) Mark Vagi, Parks and Recreation Director,
stated Orchard, Hiltz and McCliment responded to the
questions of the Board in their letter August 29,
1990 *. Moved by Spearing, supported by English, to
award the Ballfield Lighting Bid to Einstein Electric
in the amount of $75,765.00 for steel poles with the
stipulations contained in the engineer's letter dated
August 29, 1990 as follows:
Einstein Electric shall obtain written
statements from Musco of Michigan that all
required guarantees shall hold for the
revised pole placement, and no extra charge
will be assessed for said guarantees or pole
relocation. A revised pole layout and
illumination plan shall also be submitted. In
addition, Einstein shall clarify in writing
the fact that the bid price for steel poles
includes hot - dipped galvanizinq for all
poles. These documents shall be provided to
' the Township prior to contract execution.
AYES: Arsen, Skylis, Rose, Spearing, English, Van
Tassel. NAYS: None. ABSENT: Hall. MOTION CARRIED.
CHARTER TOWNSHIP
OF ORION
BOARD OF TRUSTEES
'
REGULAR MEETING,_
TUESDAY.
SEPTEMBER 4,__1.990 _.MINUTES
FIRE DEPARTMENT MATTERS cont._
Moved by English, supported by Skylis, to reject the
Proposed Contract from the Village of Lake Orion
regarding Dispatch Services and authorize entering into
negotiations with the Village. Lengthy discussion
followed. AYES: Rose, Arsen, Spearing, Skylis,
English, Van Tassel. NAYS: None. ABSENT: Hall.
MOTION CARRIED.
B. REQUEST TO ATTEND SEMINARS. (2.2480) Moved by
English, supported by Rose, to authorize the Fire Chief
to attend the "Apparatus Design and Specification
Writing Seminar" on September 29 and 30, 1990 and
authorize the Fire Inspector to attend a "BOCA Training
Program" on Wednesday evenings from September 26 to
December 12, 1990 and pay the necessary fees and
expenses. AYES: Spearing, Skylis, Arsen, Rose,
English, Van Tassel. NAYS: None. ABSENT: Hall.
MOTION CARRIED.
' 7. PARKS AND RECREATION MATTERS
A. AWARD BALLFIELD LIGHTING /PARKING LOT LIGHTING BID.
(2.555) Mark Vagi, Parks and Recreation Director,
stated Orchard, Hiltz and McCliment responded to the
questions of the Board in their letter August 29,
1990 *. Moved by Spearing, supported by English, to
award the Ballfield Lighting Bid to Einstein Electric
in the amount of $75,765.00 for steel poles with the
stipulations contained in the engineer's letter dated
August 29, 1990 as follows:
Einstein Electric shall obtain written
statements from Musco of Michigan that all
required guarantees shall hold for the
revised pole placement, and no extra charge
will be assessed for said guarantees or pole
relocation. A revised pole layout and
illumination plan shall also be submitted. In
addition, Einstein shall clarify in writing
the fact that the bid price for steel poles
includes hot - dipped galvanizinq for all
poles. These documents shall be provided to
' the Township prior to contract execution.
AYES: Arsen, Skylis, Rose, Spearing, English, Van
Tassel. NAYS: None. ABSENT: Hall. MOTION CARRIED.
120
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES '
REGULAR_ MEETING, _TUESDAY,_ SEPTEMBER_ 4�_ P990-- MINUTES
PARKS AND RECREATION MATTERS cunt...
Moved by Spearinq, supported by Rose, to award the
Parking Lot Liqhtinq Bid No. 1 and 2 to Qualite Sports
Liqhtinq in the amount of $11,452.00 with the
stipulations contained in the engineer's letter dated
August 29, 1990 as follows:
Qualite Sports Liqhtinq shall submit all
required guarantees, Parking Lot layout, and
computer generated illumination point plans
for both parking areas.
AYES: Skylis, Arsen, Rose, Spearing, English, Van
Tassel. NAYS: None. ABSENT: Hall. MOTION CARRIED.
B. PROPOSAL FOR RECYCLING. (2.2980) Mark Vagi, Parks
and Recreation Director, stated the Township's
Recycling Committee is requesting to re- establish the
monthly drop -off recycling program. Three proposals
have been collected from Solid Waste Businesses that
provide recyclinq. Recycling Committee endorsed the
proposal from BFI Industries.
Moved by Fnglish, supported by Spearing, to authorize
the re- establishment of the monthly drop -off recycling
program. and ':o contract with BFI Industries to have a
20 cubic yard container at the Township on the fourth
Saturday each month from 9:00 a.m. to noon to collect
various recyclable goods at an estimated cost of
$200.00 per month for the remainder calendar year.
Sandy Greenberg, 244 Goldengate, stated Eagle Valley
has drop -off every Friday and Saturday and Bushman will
begin a home pick up recyclinq program within six
months.
George Perry, 305 Goldengate, stated residents can drop
off at Eagle Valley any day and there are no crowdu.
Jill Bastian, 913 Heights Rd., stated when Bushman
discontinued service in the spring there already was an
overflow so larger containers or more containers may be
necessary; also, it the hours could be extended to 1:00
p.m. tc give the citizens more flexibility.
Marilynne Burton- Ristau, 17 Cardinal Hill, stated Eagle
Valley and BFI are riot well rated in any environmen-
talist books and the Recyclinq Committee may w=ent to
investigate further before awardinq this contract.
121
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
REGULAR MEET I KG, __TUESDAy, SEPTEMBER 4, 1990 MINUTES
PARKS AND RECREATIONS MATTERS cunt...
changed motion to read from 9:00 a.m. to 1:00 p.m.
Discussion. AYES: Arsen, Spearing, Skylis, Rose,
English, Van Tassel. NAYS: None. ABSENT: Hall.
MOTION CARRIED.
C. LETTER OF RESIGNATION. (2.3730) Moved by
Spearing, supported by Arsen, to accept the letter of
resignation from Loraine Dunn with regrets from the
Recycling Committee and request and appropriate letter
of appreciation be sent. AYES: Skylis, Spearing,
Rose, Arsen, English, Van Tassel. NAYS: None.
ABSENT: Hall. MOTION CARRIED.
D. CONFIRM THE LOANING OF THE BLEACHERS. (2.3840)
Supervisor Van Tassel stated the bleachers at the Lake
Orion High School football field have been ruled unsafe
for use. The School District has sought bleachers from
' other sources including Orion Township. Board Members
have been polled regarding loaning the bleachers to the
Schools. Discussion.
Moved by Spearing, supported by Skylis, to confirm the
loan of the bleachers to Lake Orion Schools with the
understanding that the Schools would use only the
bleachers from the ballfields, not the soccer fields,
that the bleachers would be picked up on Friday
afternoon and returned on Saturday morning by School
provided personnel, that the Schools agree to protect,
indemnify and hold harmless the Township from any loss,
damage or claims, and that the School's insurance
carrier would name the Township as an additional
insured. AYES: Rose, Arsen, Skylis, Spearing,
English, Van Tassel. NAYS: None. ABSENT: Hall.
MOTION CARRIED.
E. SAFETY PATH MATTERS. (2.4280) Jill Bastian,
Safety Path Committee, requested Board Members walk the
new Safety Path and feels some things need to be
addressed before final payment is made. Discussion.
----------------------
' The Township Board temporarily recessed from 9:50 p.m.until 10:01
p.m.
122
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES '
_REGULAR MEETING _TUESOAY�_SEPTEMBER__9_�1990_ _ MINUTES
8. POLICE MATTERS
A. (2.4740) Moved by Rose, supported by Skylis to
have the Old Township Hall appraised with the intent to
sell the property and relocate the Police Department;
the Clerk is to contact an appraiser, reporting back to
the Board as soon as possible with a cost not to exceed
II,000.00. Lengthy discussion followed regarding
relocating the people presently using the building,
having the attorney check the requirements of the law
on the sale of public property, and checking the budget
if funds are available to pay for this project. Motion
withdrawn and this item is to be placed on the
September 17, 1990 Board Agenda.
9._ ASSESSING DEPARTM_ENT________
A. (2.6112) Dennis Hart, 4424 Maybee Road, addressed
the Board regarding the one percent Administration Fee
levied on taxes.
10. REZONING - REQUEST FROM R
-3 TO GB- 21_PETITIONER, SKALNEK
(2.6400) Supervisor
Van Tassel read Mr. Skalnek's
,
letter requesting the
rezoning request, be postponed
until late November.
Residents in the area have
expressed concerns about this rezoning and have
reques',ed a public
hearing be held on it. The
attorney's opinion indicates
that if the Township Board
wishes no hold a public
hearing on this matter, it must
be advertised no less
than five nor more than 15 days
before the date of the
public hearing. Discussion.
Moved by Spearing, supported by Rose, to postpone
taking action the Rezoning Request from R -3 to GB-2,
Petitioner, Skalnek, until the Board has a Policy
Statement from the Attorney reqardinq a timetable on
rezoning requests.
The following residents expressed their concerns to the
Board:
Beverly Turner, 211 Goldenqate
Robert Turner, 211 Goldenqate
Eleanor Wolf, E. Clarkston Rd.
Jim Langford, 815 Markdale
Sandy Greenberg, 244 Goldenqate
Bonnie St_ickney, E. Clarkston Rd.
Jill Basilan, 913 Heights Rd.
123
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
REGULAR MEETING, TUESDAY. SEPTEMBER 4, 1990
SKALNEK REZONING _REEQUEST- cont_ ._
ROLL CALL: AYES: Arsen, Skylis, Rose, Spearing,
Van Tassel. NAYS: English. ABSENT: Hall. MOTION
CARRIED.
11. REQUEST FROM R.A.I.L.
(3.1920) Marilynne Burton - Ristau addressed the Board
on behalf of R.A.I.L. requesting the Township
contribute $1,500.00 toward the services of Dr. Paul
Connett. R.A.I.L. has asked Dr. Connett to come to
Oakland County to represent the concerned citizens in a
public debate against the County with regards to
alternatives to incineration and landfills. Lengthy
discussion followed.
Consensus of the Board to look into what it would cost
to have an outside qualified expert evaluate the
proposed County incinerator in Auburn Hills and
comment.
12. BILTMORE BRIDGE REQUEST
Supervisor Van Tassel stated a motion from the Planning
' Commission has indicated support for a wooden bridge
over the railroad right -of -way. Members of the
Tnwnbhlp Board (1) wanted to know the hotneuwnerb Wrre
really in favor of this after their earlier comments.
Mike Packard, Township Attorney, opinion regarding the
Township expending funds to bring Dr. Connett to the
Township, to address the Solid Waste Issues at the
County level. Basically the Michigan Constitution
places restrictions or limitations on how the Townships
and Municipalities can expend their funds. There are
'
two restrictions: (1) Municipality cannot dispose of
its property or funds without fair consideration in
return. (2) The expenditure must be for a public
purpose; the Township must expend funds in order to
promote the local public health, safety, and welfare.
The Attorneys have reviewed what services Dr. Connett
is to perform which are generalized at the County level
and are too remote to have a specific local public
purpose and too remote to promote the public health
safety and welfare of the citizens of Orion Township,
specifically. Therefore it is our opinion that it
would be beyond the Township's authority at this point
to expend public funds to have Dr. Connett come speak
at the County level. Lengthy discussion followed.
Consensus of the Board to look into what it would cost
to have an outside qualified expert evaluate the
proposed County incinerator in Auburn Hills and
comment.
12. BILTMORE BRIDGE REQUEST
Supervisor Van Tassel stated a motion from the Planning
' Commission has indicated support for a wooden bridge
over the railroad right -of -way. Members of the
Tnwnbhlp Board (1) wanted to know the hotneuwnerb Wrre
really in favor of this after their earlier comments.
124
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES '
REGULAR-MEETING,, TUESDAY,-SEPTEMBER 4,_1990 _ _ MINUTES
BI_LTMORE_BRIDGE_REQUEST cont ...
of which you've been furnished copies of the Agreement
between Biltmore and Indianwood Improvement Association
and (2) asked for more information regardinq the
traffic route through the property.
Jim Williams, counsel for Biltmore Development., stated
representatives of Biltmore have appeared before the
Planning Commission and have received approval to
proceed pursuant to Township's. PUD Ordinance. At the
conclusion of that hearing Biltmore had asked from the
Planning Commission for merely an expression of their
intent allowing them to traverse the railway. When
speaking to regulatory authorities like the DNR they
will want to know the Township's position on crossing
the railway. Lengthy discussion regardinq traffic
patterns.
Moved by Spearing, supported by English, to approve the
concept of constructinq a wooden bridge over the Grand
Trunk Railroad right -of -way north of Indianwood Road. '
AYES: Arsen, Spearinq, English, Van Tassel. NAYS:
Rose, Skylis. ABSENT: Hall. MOTION CARRIED.
13. TOWNSHIP REQUEST FOR SUPPORT
(4.0395; Supervisor Van Tassel stated she has received
a memo from Frank Ronk, Supervisor of Independence
Township, along with a proposed resolution asking for
support in Independence Township's matter before the
Boundary Commission regarding the Village of Clarkston.
The Attorney has drafted a resolution more in keeping
with what is appropriate on behalf of Orion in the
matter of Independence Township. Moved by English,
supported by Spearing, to adopt the resolution as
drafted by Attorney Parvin Lee in support of
Independence Township. AYES: Rose, Skylis, Arsen,
Spearing, English, Van Tassel. NAYS: None. ABSENT:
Hall. MOTION CARRIED.
14. ROLLING MEADOWS WETLANDS APPLICATION
e
4.0490) Clerk English real the communication date
August 27, 1990* from the Planning Commission. Moved
by English, supported by Spearing, to concur with the
Planning Commission and grant approval the Rolling
Meadows Wetland Permit:. AYES: Skylis, Arsen, Rose,
Spearing, English, Van Tassel. NAYS: None. ABSENT:
Hall, MOTION CARRIED.
125
CHARTER
TOWNSHIP
OF ORION
BOARD OF TRUSTEES
REGULAR
MEETING,
TUESDAY
SEPTEMBER 9, 1990 MINUTES
the MTA
'
District
15. APPROVE 1991 SALARY SCHEDULE
(4.0575) Moved by Spearing, supported by English, to
set the 1991 Salary Schedule at a four percent (4 %)
increase over the 1990 Salary Schedule. Discussion.
AYES: Rose, Spearing, English, Van Tassel. NAYS:
Skylis, Arsen. ABSENT: Hall. MOTION CARRIED.
16 REQUEST TO PURCHASE PRINTER
(4.1040) Moved by English, supported by Spearing, to
authorize purchasing an EPSON LQ -1050 printer from
Computerland at a cost of $660.00 plus delivery. AYES:
Arsen, Skylis, Spearing, Rose, English, Van Tassel.
NAYS: None. ABSENT: Hall. MOTION CARRIED.
17. REQUEST TO ATTEND MTA DISTRICT_ MEETING _
18. SET TRUTH -IN- TAXATION HEARING
(4.1200) Supervisor Van Tassel stated according to the
law the Board must roll back it's millage rate so that
the income generated in the coming year is no greater
than what you received in the past year. Truth -in-
Taxation does not give you an inflation factor.
Headlee requires that you roll back from what you're
authorized and it does take into account the rate of
inflation. If the Board wishes to levy more than what
would be generated by the Truth -in- Taxation rate then
it must hold a public hearing and seven or more days
following that public hearing it may set the rate
anywhere so long it doesn't exceed the Headlee roll-
back. Discussion.
Moved by English, supported by Skylis, to set the
' Truth - in- Taxation Hearing for Monday, September 17,
1990 at 8:00 p.m. AYES: Spearing, Rose, Arsen,
Skylis, English, Van Tassel. NAYS: None. ABSENT:
Hall. MOTION CARRIED
(4.1147)
Moved by Spearing,
supported by English, to
authorize
any Township Board
Member to attend
the MTA
'
District
Meeting Thursday,
October 4, 1990 in
Auburn
Hills and
pay the necessary
fees and expenses.
AYES:
Skylis, Rose, Arsen, Spearing,
English, Van
Tassel.
NAYS: None.
ABSENT: Hall.
MOTION CARRIED.
18. SET TRUTH -IN- TAXATION HEARING
(4.1200) Supervisor Van Tassel stated according to the
law the Board must roll back it's millage rate so that
the income generated in the coming year is no greater
than what you received in the past year. Truth -in-
Taxation does not give you an inflation factor.
Headlee requires that you roll back from what you're
authorized and it does take into account the rate of
inflation. If the Board wishes to levy more than what
would be generated by the Truth -in- Taxation rate then
it must hold a public hearing and seven or more days
following that public hearing it may set the rate
anywhere so long it doesn't exceed the Headlee roll-
back. Discussion.
Moved by English, supported by Skylis, to set the
' Truth - in- Taxation Hearing for Monday, September 17,
1990 at 8:00 p.m. AYES: Spearing, Rose, Arsen,
Skylis, English, Van Tassel. NAYS: None. ABSENT:
Hall. MOTION CARRIED
126
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
REGULAR MEE_TING,_TUESDA_Y,__SEPTEMBER 9, 1990 MINUTES
ADJO_UR_NMEN_T__
Moved by English, supported by Skylis, to adjourn.
MEETING ADJOURNED AT 12:25 A.M.
Respectfully submitted
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
TRANSCRIBED AND TYPED BY:
Susan Carol Galeczka
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 - TRUTH -IN- TAXATION
MONDAY, SEPTEMBER 17, 1990
The Charter Township of Or'on Board of Trustees held a
Public Hearing, Monday, September 17, 1990 at 8 p.m. at the Orion
Township Hall, 2525 Joslyn Road, Lake Orion, Michigan 98361.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
Clerk Marie E. English
ABSENT: Treasurer Suzanne Hall
OTHERS:
Susan Galeczka
George Perry
Jim Qualls
Jody Risher
Clinton Yerkes
Marion MacDonald
Joel Potyk
Mary Smolak
Mona Cottick
Deborah Wilson
Bonnie Stickney
Eleanor Wolf
Le -)n Harrison
Nicole Robertson
Melissa MuMath
Tim Patterson
Kevin Pesta
Kim Popelier
John Risher
Mary Jean Baker
Gerald Letcher
Paul Schaefer
Walter Smolak
Ray Parker
Keith Mayer
Jill Bastian
Arthur Des Rosiers
Sandra GreenberQ
Ben Powers
Albert G1aJner
Trustee John Spearing
Trustee David Rose
Trustee James Skylis
Trustee John Arsen
Loren Yaros
Doris Perry
Robert Kowalick
David Lindquist
Rose Forth
Kim Furquson
Graham Baker
Kathy King
Pauline Kopecek
George Comps
Sgt. Kim Rossman
Tom Fitelski
Yen Thomas
Robin Powers
Mike P"Aistr
127
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
PUBLIC HEARINGS MONDAY SEPTEMBER 17, 1990
Ruth Pudists Larry Dusseau James Marleau
Mark Vagi Barbara Pesta Frank Kopecek
Elaine Kage Doug Broquet Elizabeth Broquet
Joyce Deering Joyce Marker Elaine Pantak
Ray Pantak
PUBLIC HEARING CONVENED AT 8:00 P.M.
Supervisor Van Tassel outlined the provisions of State
law regarding Truth - in- Taxation which require that
millage rates be rolled back so that, combined with the
increases in assessments, no more income is received in
the upcoming year than was received in the current
year. The Township Board can override this Truth -in-
Taxation rollback if it so chooses after holding a
public hearing.
In addition, the Headlee amendment requires millage to
be rolled back so that any revenue increase only
reflects the rate of inflation.
' This Truth - in- Taxation Hearing was advertised by the
Township in the Orion Review.
Supervisor Van Tassel asked if there was anyone who
wished to speak at the public hearing. The following
comments were received:
Ray Parker, 2693 Browning, stated his taxes have
increased 35%-905 in three years. He questioned why a
tax increase was needed when the Township tax base has
increased.
Supervisor Van Tassel stated that the Township issues
the tax bill for all taxing units. The Township's
share is 5 -6 cents of every tax dollar. Any increase
in taxes is shared with all other taxing units.
Citizens have also approved millage increases for
various services including the schools, library, and
police protections which account for increases in the
overall tax rate. The basic rate for the Township and
the Fire Department has not increased.
Mr. Parker questioned whether the Township revenue has
' increased because of the larger tax base.
128
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
Fire
PUBLIC HEARING, G,MONDA Y SEPTEMBER 17._ 1990
'
year, with the Truth - in- Taxation rollback, they
Supervisor Van Tassel explained how the Truth -in-
receive the same amount. If the rate is set at
Taxatioi rollback causes the total revenue to stay the
Headlee Rollback rate they would receive $468,00
same. Headlee allows an increase at the rate of
means the Headlee h'ollback would dive t hc;
inflation of 4 -5%. For the Fire Department, the
Department: $22,000 more than the Truth in-Taxation
difference between Truth in- Taxation and the Headlee
rollback for 1991 for all the Township taxes is
approximately $22,000. The difference in the Police
Fund is $20,000, for Safety Paths - $5000, and the
difference for the General Fund, depending on where
the rate is $35,000- $100,000.
Mr. Parker questioned whether the Police and Fire
Department have received increases even though the
Township has received additional funds.
Supervisor Van Tassel stated the Fire Department is
authorized to levy 1 mill. Last year they levied .95
mil, and with the Headlee Rollback the most they can
levy this year is .926 mil. The tax rate is going to be
rolled back for the Police, Fire, and Safety Path by
Headlee. The Truth - in- taxation would cause a further
rollback. Discussion.
Mr. Parker cuestioned whether General Fund Revenue
'
figures for the past few years were available.
Supervisor Van Tassel stated "hat they were available.
Further discussion.
Fire Chief Jeff Key urged the Board to levy the Fire
Millage at the Headlee Rollback and not at the Truth
in- Taxation rollback.
George Perry, 305 Goldengate, questioned who is behind
Truth -in- Taxation.
Supervisor Van Tassel gave background on Truth in
Taxation which was passed by tie State legislature six
to seven years ago.
Sandy Greenburg, 244 Goldenqate, questioned whether the
Fire Department would lose $22,000.
Supervisor Van Tassel stated last year the
Fire
Department received $446,000 from property tax.
This
year, with the Truth - in- Taxation rollback, they
would
receive the same amount. If the rate is set at
the
Headlee Rollback rate they would receive $468,00
which
means the Headlee h'ollback would dive t hc;
Department: $22,000 more than the Truth in-Taxation
rate.
129
' Mr. Powers questioned whether the need to set the level
of taxation would continue each year or whether the
legislation would expire.
Supervisor Van Tassel stated she was unaware of any
sunset provision on the Truth -in- Taxation law. Headlee
is a permanent part of the State Constitution. The
rate would usually be set between the Truth -in- Taxation
rate, and the Headlee rate. The Township may not levy
more than the Headlee rate which is a compcunded rate.
Discussion.
Mr. Powers questioned why property taxes have gone up
10 -30% over the past several years if Headlee has
limited the increase to the rate of inflation.
Supervisor Van Tassel stated property taxes have
increased because additional millages for services have
been approved. Discussion.
Mr. Powers questioned if other areas have rates which
are going down. Discussion.
Supervisor Van Tassel asked if anyone else wished to
speak at this Public Hearing. There were no further
Icomments.
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
'
PUBLIC HEARING, MONDAY SEPTEMBER 17, 1990
Ms. Greenberg spoke in support of the Fire Department
receiving additional funds. Discussion.
Joyce Deering, 681 Woodland, spoke in support of
maintaining funding for the Police Department.
Robin Powers, 2710 Mercury Ct., also spoke in support
of the Police Department.
Ben Powers, 2710 Mercury Ct., spoke in support of the
Headlee. He questioned, if the rate were kept at the
Truth -in- Taxation level, whether the State would pick
up a greater share of the cost for schools and other
services.
Supervisor Van Tassel stated that the State will not
pick up any cost difference if there is a cutback at
the local level. Discussion followed on school
funding.
' Mr. Powers questioned whether the need to set the level
of taxation would continue each year or whether the
legislation would expire.
Supervisor Van Tassel stated she was unaware of any
sunset provision on the Truth -in- Taxation law. Headlee
is a permanent part of the State Constitution. The
rate would usually be set between the Truth -in- Taxation
rate, and the Headlee rate. The Township may not levy
more than the Headlee rate which is a compcunded rate.
Discussion.
Mr. Powers questioned why property taxes have gone up
10 -30% over the past several years if Headlee has
limited the increase to the rate of inflation.
Supervisor Van Tassel stated property taxes have
increased because additional millages for services have
been approved. Discussion.
Mr. Powers questioned if other areas have rates which
are going down. Discussion.
Supervisor Van Tassel asked if anyone else wished to
speak at this Public Hearing. There were no further
Icomments.
130
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
PUBLIC _HEAR ING,__MONDAY,_SEPTEMBER 17
PUBLIC HEARING WAS DECLARED HELD AT 9:35 P.M.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
mis
THIS MEETING IS ON TAPE
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
* M I N U T E S*
REGULAR MEETING, MONDAY, SEPTEMBER 17, 1990
The Charger Township of Orion Board of Trustees held a
Regular Meeting, Monday, September 17, 1990 at 7:00 p.m. at the
Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan
48361.
BOARD _MEMBE_95 PRESENT:
Supervisor JoAnn Van Tassel
Clerk Marie E. English
ABSENT: Treasurer Suzanne Hall
OTHERS:
Susan Galeczka
George Perry
Jim Qualls
Jody Risher
Clinton Yerkes
Marion MacDonald
Joel Potyk
Miry Smolak
Mona Cottick
Deborah Wilson
Bonnie Stickney
Eleanor Wolf
Leon Harrison
Nicole Robertson
Melissa McMath
Ruth Pudists
Mark Vagi
Elaine Kage
Joyce Deering
Pay Pantak
Tim Patterson
Kevin Pesta
Kim Popelier
John Risher
Mary Jean Baker
Gerald Letcher
Paul Schaefer
Walter Smolak
Ray Parker
Keith Mayer
Jill Bastian
Arthur Des Rosiers
Sandra Greenberg_
Ben Powers
Albert Gladner
Larry Dusseau
Barbara Pesta
Doug Broquet
Joyce Marker
Trustee John Arsen
Trustee John Spearing
Trustee David Rose
Trustee James Skylis
Loren Yarns
Doris Perry
Robert Kowalick
David Lindquist
Rose Forth
Kim Furguson
Graham Baker
Kathy King
Pauline Kopecek
George Comps
Sgt. Kim Rossman
Tom Fitelski
Ken Thomas
Robin Powers
Mike Pudists
James Marleau
Frank Kopecek
Elizabeth Broquet
Elaine Pantak
J
131
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES —
REGULAR MEETING, MONDAY, SEPTEMBER 17, 1990
MEETING CONVENED AT 7:00 P.M.
The Pledge of Allegiance was led by Clerk English, and
the Meditation was given by Trustee Rose.
A. MINUTES OF REGULAR MEETING. (1.0075) Moved by
Spearing, supported by Rose to approve the Minutes of
the regular meeting of Tuesday, September 4, 1990 as
submitted. AYES: All. NAYS: None. MOTION CARRIED.
(1.0010) Moved by Arsen, supported by Spearing to
approve the bills for payment as follows:
AYES: Skylis, Rose, Spearing, Arsen, English, Van
Tassel. NAYS: None. ABSENT: Hall. MOTION CARRIED.
3. ATTORNEY-MATTERS
A. FIRST SECURITY SAVINGS BANK vs ORION. (1.0182)
Tim Patterson, Township Attorney, stated the Board
members were sent a copy of the proposed Stipulation
for Entry of Judgment and Order* in the case of First
Security Bank vs Orion. The proposed agreement
incorporates all changes negotiated by the members of
the Negotiating Team for the Township (Supervisor Van
Tassel, Trustee Rose, Trustee Arsen) appointed to
negotiate with the Township Attorney, the Plaintiff,
and its attorney.
In the opinion of the Township Attorney "this proposed
Consent Judgment will result in the development of a
single family subdivision which will be very compatible
with the surrounding area and will serve the best
' interests of both the Township and its citizens.
The alternatives which could result from an adverse
decision in Circuit Court would be very undesirable as
it would result in a development of much greater
General
$ 21,200.66
Fire
3,513.97
Water
404.05
Sewer
587.56
Police
918.90
'
Other
— 38.00
TOTAL
$ 26,662.64
AYES: Skylis, Rose, Spearing, Arsen, English, Van
Tassel. NAYS: None. ABSENT: Hall. MOTION CARRIED.
3. ATTORNEY-MATTERS
A. FIRST SECURITY SAVINGS BANK vs ORION. (1.0182)
Tim Patterson, Township Attorney, stated the Board
members were sent a copy of the proposed Stipulation
for Entry of Judgment and Order* in the case of First
Security Bank vs Orion. The proposed agreement
incorporates all changes negotiated by the members of
the Negotiating Team for the Township (Supervisor Van
Tassel, Trustee Rose, Trustee Arsen) appointed to
negotiate with the Township Attorney, the Plaintiff,
and its attorney.
In the opinion of the Township Attorney "this proposed
Consent Judgment will result in the development of a
single family subdivision which will be very compatible
with the surrounding area and will serve the best
' interests of both the Township and its citizens.
The alternatives which could result from an adverse
decision in Circuit Court would be very undesirable as
it would result in a development of much greater
132
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES ,
REGULAR MEETING, MONDAY, SEPTEMBER 17. 1990
FIRST SECURITY VS. ORION continued:
densities. In addition, the Township would have none of the
controls currently built into the site condominium
restrictions which are part of the proposal.
Also, the recent success rate has been high for
plaintiffs challenging municipal minimum lot sizes of
2 1/2 acres or greater."
Clerk English questioned page seven of the Master Deed
regarding the number of un:i-s allowed. Discussion
followed.
Moved by Rose, supported by Spearing to authorize the
Attorney to enter into the Stipulation for Entry of
Judgment and Order in the case of First Security
Savings Bank vs Orion.
The following public comment was received:
Jim Qualls, 3462 Hi- Villa, requested the Board delay a I
vote on this matter until the next meeting to allow the
public to review the information and to voice an
opinion.
Leon Harrison, 746 E. Silverbell, also requested the
Board delay a vote on the item so the public could
review the information.
Eleanor Wolf, 835 E. Clarkston, objected to the Board
making a decision on this matter before the public
could review the information.
Mike Pudists, 310 Pinnacle Dr., also objected to a vote
at this time.
Ken Thomas, 600 Cushing, addressed the Board in favor
of taking action at this time.
Susan Popelier, 318 Pinnacle Dr., stated she had
reviewed the plan. Discussion followed on the sewer
system. Ms. Popelier was in favor of the plan.
Ms. Popelier also read a letter* from Steve and Ruth
Ferrell, 389 Pinnacle, in favcr of the plan.
Larry Dusseau, 331 Pinnacle, stated he was in favor of I
the plan.
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING,_MONDAY, SEPTEMBER 17, 1990
FIRST SECURITY VS ORION continued:
Loren Yaros, 140 Hi -Hill Dr., spoke in favor of the
residential development of the area.
Kevin Pesta, 330 Pinnacle Ct., was also in Eavor of the
plan.
Bonnie Stickney, 731 E. Clarkston, asked the Board to
explain comments about commercial zoning.
Sandy Greenberg, 244 Goldengate, asked to the Board to
hold a Public Hearing on this matter.
Robin Powers, 2710 Mercury Ct., felt a delay on this
item to hear public comment would hell) community
relations. Ms. Powers questioned who would pay for
lift stations.
Supervisor Van Tassel stated the cost of any utility
' improvement is paid by the developer. Ongoing
maintenance to a utility is paid for by the owner of
the utility. Discussion.
Jim Marleau, 3181 Sandoval, asked to the Board not to
vote on the issue at this meeting. He also felt a
Public Hearing would be a good idea. Mr. Marleau was
also concerned about this case setting a precedent to
allow developers to circumvent the Planning Commission.
Tim Patterson, Township Attorney, did not feel Mr.
Marleau's concern were a viable issue.
Jill Bastian, 913 Heights Road, expressed concern about
the lack of discussion among Board members before the
motion under consideration by the Board was offered.
Mrs. Bastian was also concerned about the feelings of
the surrounding property owners.
Supervisor Van Tassel summarized the provisions of the
Stipulation for Entry of Judgement and Order *.
Discussion followed.
The Motion before
lengthy discussion
' of the having the
the Plaintiff.
the Board was reread and further
followed including the consequences
court decide this case in favor of
133
134
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES ,
REGULAR MEETING_ MONDAY, SEPTEMBER_17. 1990
FIRST SECURITY VS. ORION continued:
Eleanor Wolf,
835 E.
Clarkston
Road,
again asked the
board riot to
vote on
this matter at
this meeting_ in
order to give
citizens
a chance
read
and evaluate the
proposal.
decides to
sell it. Lengthy discussion
followed
and
ROLL CALL, VOTE:
AYES:
Skylis,
Arsen,
Spearing, Rose,
English, Van
Tassel.
NAYS:
None.
ABSENT: Hall.
MOTION CARRIED.
B. OPINION REGARDING THE SALE OF PROPERTY. (1.2898)
In the opinion of Tim Patterson, Township Attorney,
"two appraisers are not required to appraise the old
Township Hall. The Township may, in its discretion,
hire two appraisers for the task, but is not required
to do so."
Moved by Rose to have the old Township Hall appraised
with an attempt to sell the property and to relocate
the police department with the Clerk to contact an '
appraiser and report back to the Board as soon
possible; at a cost not to exceed $1000. Lengthy
discussion followed on the type of appraiser needed and
also, on where to house the present users of the
building. NO SUPPORT TO MOTION.
Moved by
Rose, supported by Spearing
to
request
evaluation
of the worth of the old Township
Hall by
three local
commercial realtors and
to
receive
proposals
for listing the property if
the
Township
decides to
sell it. Lengthy discussion
followed
and
the motion
before the Board was reread.
Jill Bastian, 913 Heights, questioned how the sale of
the property would affect the groups who now use the
space and the overall plan for use of Township
Buildings.
ROLL CALL VOTE: AYES: Arsen, Spearing, Skylis, Rose,
English. NAYS: Van Tassel. ABSENT: Hall. MOTION
CARRIED.
THE TOWNSHIP BOARD TEMPORARILY RECESSED AT 8:05 P.M. TO HOLD A I
TRUTH IN TAXATION PUBLIC HEARING. THE REGULAR TOWNSHIP BOARD
MEETING RECONVENED AT 8:57 P.M.
135
CHARTER
REGULAR
TOWNSHIP
MEETING,
OF ORION BOARD OF
MONDAY, SEPTEMBER
TRUSTEES MINUTES
17, 1990
WHEREAS,
The Board of
Trustees of the
Charter Township of Orion
13. PROPOSED HUNTING BAN ON HEATHER LAKE
(2.0035) Jody Risher, 800 Heather Lake Dr. addressed
the Board with a concern of homeowners around Heather
Lake about hunting which has occurred in their
subdivision. Heather Lakes Estates Subdivision is
presently an open hunting area and an early season
goose hunt was allowed recently by the DNR to control
the goose population. The residents requested a ban on
hunting and the discharging of firearms in Heather
Lakes Estates Subdivision in the interest of the
safety.
Tom Fitelski, Lancaster Dr., addressed the Board
regarding the early season goose hunt. He did not feel
there was a need for a hunting ban in the area.
Jody Risher answered questions from the Board regarding
incidents of hunters shooting near homes and residents
during the goose hunt. She felt a goose roundup would
be a safer and more effective way of controlling the
birds.
Kathy King, 860 Heather Lake Dr., also addressed the
Board regarding a hunting incident on September 1. She
requested the Board consider banning all hunting on
Heather Lake for the welfare of the residents.
Discussion followed on the steps which can be taken to
institute a ban on hunting in the area.
Moved by Rose, supported by Arsen to adopt a Resolution
requesting the DNR Hearing on the hunting ban as
follows:
*
R E S O L U T
I O N*
WHEREAS,
The Board of
Trustees of the
Charter Township of Orion
has received
a petition from
residents residing around
Heather Lake
requesting "No
Hunting" in that area, and
WHEREAS,
under authority
of Act 159 of
the Public Acts of 1967
(MCLA 317.331
et. seq.) the
Township Board has the
authority to
request closure
of an area to hunting, and
WHEREAS,
the area around
Heather Lake
is becoming increasingly
1
built up and
the land occupied
by year -round dwellings,
and
136
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING.- MONDAY, SEPTEMBER 17, 1990
HUNTING BAN RESOLUTION continued:
WHEREAS, many of the families residing in those dwellings have
small children who play in the area between the house
and the lake, and
WHEREAS, the close proximity of the play area and the houses to
the lake present an opportunity for injury from the
discharge of firearms by hunters, and
WHEREAS, the Charter Township of Orion exists to protect the
health, safety and welfare of its residents,
NOW THEREFORE BE IT RESOLVED, that Heather Lake and the area
around it, specifically the area bounded by Baldwin
Road on the east, Clarkston Road on the south and the
subdivision boundaries on the north and the east, is
hereby recommended to be closed to hunting for any
wild animal or wild bird, with a firearm or bow and
arrow, and for the discharge of such firearms or bow
and arrow.
BE IT FURTHER RESOLVED, that a copy of this Resolution be '
forwarded to the Department of Natural Resources and
the Department of State Police, requesting that they
appoint a representative to the Hunting Area Control
Committee, and that they set the necessary public
hearing as soon as is practicable to receive testimony
on this proposed hunting area control regulation.
Because part of the Heather Lake Estates Subdivision is
in Independence Township, it will be necessary for
Independence Township to adopt a similar Resolution.
Clerk English has been in contact with the Joan
McCrary, Independence Township Clerk regarding this
matter.
Clint Yerkes, 801 Heather Lake Dr., addressed the Board
regarding the goose problem or. Heather Lake and spoke
in favor of the hunting ban.
ROLL CALL VOTE: AYES: Spearing, Skylis, Arsen, Rose,
English, Van Tassel. NAYS: None. ABSENT: Hall.
MOTION CARRIED.
9. DPW MATTERS ----------- ___ -_— -- NONE
__---_--- -
5. _FIRE _DEPARTMENT _MATTERS ______ NONE -
137
CHARTER
TOWNSHIP OF ORION
BOARD OF
TRUSTEES MINUTES
REGULAR
MEETING. MONDAY,
SEPTEMBER
17, 1990 —
6. PARKS AND RECREATION MATTERS_
A. SAFETY PATH COMMITTEE REPORT REGARDING COMPLETION
OF PATHS. (2.1445) Mark Vagi, Director of Parks and
Recreation, gave an update on the status of the safety
paths. The Clarkston Road Safety path is expected to
be completed the first week of October, 1990. The
Engineer will address concerns raised by a citizen
regarding the safety path.
B. APPOINTMENT TO RECYCLING COMMITTEE. (2.1550) Upon
recommendation of Mark Vagi, Director of Parks and
Recreation, a Motion was made by English, supported by
Rose to appoint Sandra Greenberg, 244 Goldengate to the
Recycling Committee. Discussion. AYES: All. NAYS:
None. MOTION CARRIED.
7. POLICE MATTERS NONE
' 8. ASSESSING DEPARTMENT MATTERS _—
A. REQUEST TO ATTEND MTA CONFERENCE. (2.1655) Kim
Furguson, Assessing Department, addressed the Board.
Moved by English, supported by Spearing to approve the
request of Kim Furguson to attend a one day MTA
workshop entitled Intermediate Accounting to be held in
Lansing on October 15 and to pay the necessary fees and
expenses. AYES: Arsen, Skylis, Rose, Spearing,
English, Van Tassel. NAYS: None. ABSENT: Hall.
MOTION CARRIED.
B. REQUEST TO PURCHASE SALES STUDY PROGRAM. (2.1740)
Kim Furguson, Assessing Department, answered questions
from the Board regarding a request for the purchase of
a sales study program (as outlined in a memo* dated
September 14, 1990) from Advantage Software which would
help lead to uniform assessing of property in the
Township. The time estimated for writing the program
is 125 hours. There is money in the budget for this
item. Discussion followed.
Moved by Arsen, supported by English to authorize
contracting with Advantage Systems for the Sales Study
Program at a cost not to exceed $5000. AYES: Rose,
Spearing, Skylis, Arsen, English, van Tassel. NAYS:
None. ABSENT: Hall. MOTION CARRIED.
138
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAY,__SEPTEMBER_17,1990__
ASSESSING DEPT. MATTERS continued:
Further discussion followed on fillinq the vacant .
positions in the Assessing Department.
9. BUILDING NONE_
10. TEXT AMENDMENTS, B -1, GB -1, GB -2, SPECIAL__LAND___
(2.2275) Clerk English read a memo* from the Orion
Township Planning Commission dated September 11, 1990.
Moved by English, supported by Spearing to concur with
the Planning Commission and to adopt the proposed Text
Amendments* to the Zoning Ordinance, Special Land Uses,
Section 11.02, 11.05, Section 12.02, Section 13.02,
Section 14.01, 14 .02, 14.03, 14.04, 14.05, 14.06,
Section 15.02, 15.03, 15.04, 15.05, and 15.06.
Discussion followed.
AYES: Rose, Skylis, Arsen, Spearing, English, Van '
Tassel. NAYS: None. ABSENT: Hall. MOTION CARRIED.
11_ REQUEST FOR_ REFUND
(2.2536) Clerk English read a memo* from the Orion
Township Planning Commission dated September 11, 1990
regarding Red Martin STB (PC- 89 -50) recommending the
petitioner be notified that his rezoning request is
being dropped from the Planning Commission agenda
because of lack of response and that any unused funds
be returned to the applicant. Discussion.
It has been the Township's practice on all rezoning
matters, after the expenses for newspaper publications
and the planner's fees have been paid, to transfer the
remainder of the money to the General Fund to take care
of the Township expenses such as mailing out notices,
providing the public hearing minutes, etc.
Moved by Spearing, supported by Rose to deny a refund
of the funds remaining in the case (PC- 89 -50) Red
Martin STS rezoning. Further discussion.
Bonnie Stickney, Planning Commission member, answered
questions from the Board regarding this matter. '
AYES: Skylis, Arsen, Spearing, Rose, English, Van
Tassel. NAYS: None. ABSENT: Hall. MOTION CARRIED.
139
CHARTER
TOWNSHIP
OF ORION
BOARD OF
TRUSTEES MINUTES
'
REGULAR
MEETING
MONDAY
SEPTEMBER
17, 199 -
12. ROAD COMMISSION PROPOSED RULES AND REGULATIONS
(2.3120) Clerk English read a memo* from the Oakland
County Road Commission dated August 28, 1990 regarding
proposed "Rules and Regulations for Open Ditch
Construction ". Discussion followed on road width for
Large Lots.
Bonnie Stickney, Planning Commission member, addressed
the Board regarding the Township Planner's comments* on
this matter.
Moved by Arsen, supported by Skylis to authorize the
Supervisor to correspond with the Oakland County Road
Commission and indicate Township support for the
following amendments to the existing regulations:
1. Lot width is reduced from 200 feet to an
average of 175 feet, with no lot having a
width of less than 150 feet.
' 2. Lot area, width /depth ratio, and house
setback requirements are eliminated and would
be governed by township zoning requirements.
The requirement that zoning ordinances must
prohibit splitting of the platted lots will
be maintained.
3. Concrete curbs and gutters will be
required in cul -de -sac bulb areas and at
approaches to primary and local roads.
9. The minimum road grade is increased from
0.9$ to 0.8% with maximum grade maintained at
8 %.
AYES: Spearing, Rose, Skylis Arsen, English, Van
Tassel. NAYS: None. ABSENT: Hall. MOTION CARRIED.
19. NEWMAN ROAD BRIDGE PROJECT
(2.3970) The Oakland County Road Commission requested
the Township consider paying half the cost of replacing
the bridge over Paint Creek on Newman Road just south
of Stanton. The Road Commission estimated the cost of
' the project at $135,000 making the Township share
$67,500. Discussion.
140
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING. MONDAY. SEPTEMBER _17__.1.990
NEWMAN ROAD BRIDGE PROJECT cont.--
Moved by Rose, supported by Skylis to authorize the
Supervisor to correspond with the Oakland County Road
Commission and to indicate the Township does not have
the funds available to participate in the Newman Road
bridge project and that the Township Board feels the
maintenance of roads and bridges is the sole
responsibility of the Road Commission. AYES:
Spearing, Rose, Skylis, Arsen, English, Van Tassel.
NAYS: None. ABSENT: Hall. MOTION CARRIED.
15. ENGINEERS PROPOSAL REGARDING CLEARING MUD LAKE OUTLET
(2.4190) A proposal* was received from Orchard Hiltz &
McCliment, Township Engineers, regarding clearing the
outlet at Mud Lake. The estimated cost for plans and
specifications is $8,7000. Discussion. The Township
does not currently have funds available for this
project. A special assessment district may be
necessary to pay costs for sur_h a project.
Moved by Rose, supported by Spearing to send a copy of
the Engineer's report and cover letter to the
appropriate homeowner's group. AYES: Skylis, Rose,
Arsen, Spearing, English, Van Tassel. NAYS: None.
ABSENT: Hall. MOTION CARRIED.
16__ RESOLUTION PLACING DELINQUENT BILLS ON TAX ROLL
Moved by Rose, supported by Skylis to authorize placing
the fo- lowinq items on the December Tax Bill:
1. Engineering & Planning fees:
Dave MacInnes - J. Rand Corp. $420.00
Mike Zeid -- Diversified Glass Prod. 124.00
Total $544.00
2. Court ordered Lien against property located at 2765
Buckner, Rd. Sidwell No. 09 -08 -452 -015, owner of record
Elsie Smith, in the amount of $2750.
3. Delinquent weed cutting bills:
09 -07 -352 -003, 824 Heather Lake Drive, Lot 39, Heather
Lake Meadows No. 1, Owners, Gregory F. and Diane L.
Gaylor in the amount of :;147.00
141
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, SEPTEMBER 17, 1990
RESOLUTION REGARDING DELINQUENT__TAX BILLS cont ...
09 -21- 126 -010, Lot 48, Keatington Lakeview, Owner,
Leonard Palmer, 2218 Kipling, Sterling Heights,
Michigan 48310 in the amount of $75.00.
09 -10 -426 -014, Lot 121, Lake Orion,, Heights No. 1,
Owner, Charles Lisk, 804 West 52nd Avenue, Bradenton,
Florida, in the amount of $57.50.
Total $279.50.
4. Delinquent water and sewer bills in the amount of
$105,883.78.
AYES: Spearing, Arsen, Skylis, Rose, English, Van
Tassel. NAYS: None. ABSENT: Hall. MOTION CARRIED.
17. CHANGE NOVEMBER TOWNSHIP BOARD MEETING DATE
(2.4588) Moved by Rose, supported by Spearing to change
the Monday, November 5, 1990 meeting date to Monday,
' October 29, 1990 to provide one more meeting before the
November 1, 1990 deadline for adopting the 1991 Budget
and to avoid a meeting the night before the General
Election to give the Clerk's staff time to prepare for
the November 6, 1990 election. AYES: Ar:5en, Skylis,
Spearing, Rose, English, Van Tassel. NAYS: None.
ABSENT: Hall. MOTION CARRIED.
18. REQUEST TO ATTEND SEMINAR
(2.4720) Moved by Spearing, supported by Rose to
approve the request for Julie Savard, Mame Rusch,
Maxine Howard, Susan Galeczka, and Diane Dewey to
attend the one day seminar "The Efficient Assistant" to
be held in Ann Arbor on November 14, 1990 and to pay
the necessary fees and expenses. AYES: Skylis, Arsen,
Rose, Spearing, English, Van Tassel. NAYS: None.
ABSENT: Hall. MOTION CARRIED.
ADDITIONAL ITEMS:
Trustee Skylis
presented a
plaque awarded to the
Township by the
Chamber of
Commerce for the 1990
Beautification Award.
The Board
commended Reenae Vail,
'
Director of Hall
and maintaining
Maintenance,
the grounds
for her work in planning
of the Township Hall and
Senior Cent =er.
The plaque
will be displayed in the
Township Hall.
142
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING,_ MONDAY, SEPTEMBER 17. 1990
ADDITIONAL_x,_TEMS _ cont_
Elaine Pantak addressed the Board as co- founder of the
Keep Orion Beautiful.
_- ADJOURNMENT
Moved by Spearing, supported by Skylis to adjourn the
meeting. MOTION CARRIED.
THE MEETING ADJOURNED AT 10:10 P.M.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
mjs
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, OCTOBER 1, 1990
The Charter Township of Orion Board of Trustees held a
Regular Meeting, Monday, October 1, 1990 at 7:00 p.m. at the
Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan
48361.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel Trustee John Arsen
Clerk Marie E. English Trustee John Spearing
Treasurer Suzanne Hall Trustee James Skylis
ABSENT: Trustee Dave Rose
OTHERS:
Susan Galeczka
Ken Thomas
Bonnie Stickney
Margo Butki
Ruth Verran
Deborah Wilson
Jerry Trimble
Mike Eckardt
Gail Connelly
Sgt. K. Rossman
Eleanor Wolf
Marilyn Becker
Nicole Robertson
Mark Vagi
Rich Campbell
Joyce Deering
Bonnie Claycomb
Leon Harrison
Jill Bastian
Ruth McCallum
Ellen Thomerson
Jim Milford
Winifred Brinkmann
Richard White
143
' CHARTER
REGULAR
TOWNSHIP
MEETING,
OF ORION
MONDAY,
BOARD
OCTOBER
OF
1,
TRUSTEES MINUTES
1990
MEETING CONVENED AT 7:00 P.M.
The Pledge of Allegiance was led by Treasurer Hall, and
the Meditation was given by Trustee Skylis.
A. MINUTES OF REGULAR MEETING. (1.0095) Moved by
Spearing, supported by Arsen to approve the Minutes of
the September 17, 1990 Regular Meeting as submitted.
AYES: A11. NAYS: None. ABSENT: Rose. MOTION
CARRIED.
B. MINUTES OF PUBLIC HEARING. (1.0135) Moved by
Arsen, supported by Spearing to approve the Minutes of
the September 17, 1990 Truth -in- Taxation Public Hearing
as submitted. AYES: All. NAYS: None. ABSENT:
Rose. MOTION CARRIED.
Moved by Hall, supported by Spearing to approve the
' bills for payment as follows:
General $ 7,369.28
Fire 7,057.74
Water 155.70
Sewer 154.90
TOTAL $ 14,737.62
AYES: Skylis, Arsen, Spearing, Hall, English, Van
Tassel. NAYS: None. ABSENT: Rose. MOTION CARRIED.
3. ATTORNEY MATTERS
(1.0245) Trustee Skylis questioned the status of the
Merl Meacham matter. Tim Patterson, Township Attorney,
stated he is preparing a summary resume of all the
cases which he is currently handling. The summary
should be ready for the next meeting.
Jill Bastian, 913 Heights Road, questioned the status
of action regarding delaying decisions on rezoning
requests.
Supervisor Van Tassel stated the Attorney is drafting
' language for a text amendment to the Zoning Ordinance.
Tim Patterson added that the changes should be ready
for the next Board meeting.
144
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAY, OCTOBER 1,1990
ATTORNEY MATTERS continued:
Jim Milford, 915 S. Long Lake, addressed the Board
regarding its action in the case of First Security
Savings Bank vs Orion. Lengthy discussion followed.
The Board also received the comments of the following
citizens regarding Board action in the case of First
Security vs Orion:
Eleanor Wolf, 835 E. Clarkston Rd.
Leon Harrison, 746 E. Silverbell
Bonnie Stickney, 731 E. Clarkston Rd.
Ken Thomas, 600 Cushing
Further lengthy discussion followed.
4. FIRE DEPARTMENT MATTERS _ NONE_,
(1.3190) Leon
Storm,
1400 S.
Lapeer Rd., commended
Fire Chief Jeff
Key and
the ether volunteers on their
repair work cn
the Fire
Hall.
Mr. Storm volunteered
his services for
advice
on repair
jobs. Supervisor Van
Tassel thanked Mr. Storm
for his
assistance.
,
5_ PARK AND _RECREATION MATTERS_
A. SAFETY PATH COMMITTEE REPORT. (1.1830) Mark Vaqi,
Director of Parks and Recreation, summarized a report*
dated September 27, 1990 regarding the Clarkston Road
Safety Path and other matters such as future sites for
safety paths, funding, inspection, and maintenance
responsibilities to be considered for future safety
path development. Discussion on funding followed.
Moved by Spearing, supported by Skylis to receive and
file the report from Mr. Vagi and the Safety Path
Committee dated September 27, 1990. AYES: All. NAYS:
None. MOTION CARRIED. Discussion followed on the con-
dition of the Waldon Road safety path. There was also
discussion on changing language in Zoning Ordinance 78,
Section 27.06 (E,3) regarding maintenance responsibili-
ty which would alleviate the home- owner from paying
for major maintenance and repairs on safety paths.
Jill Bastian, 913 Heights Rd., addressed the Board
regarding the research by the Safety Path Committee ,
which went into the recommendations regarding
maintenance of safety paths. Ms. Bastian felt action
to change the Ordinance language should be taken at
this time. Further discussion followed
145
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES- - MINUTES
REGULAR MEETING MONDAY, OCTOBER 1, 1990
PARKS AND RECREATION MATTERS continued:
B. UPDATE ON BALLFIELD LIGHTING PROJECT AND PARKING
LOT LIGHTING PROJECTS. (1.3070) Mark Vagi, Director of
Parks and Recreation, gave a progress report on the
ballfield lighting project and parking lot lighting
projects.
Einstein Electric and Qualite Sports Lighting have
received their project contracts and need to obtain
insurance and bond materials. The DNR has received the
project information they requested. Upon their review
and approval (necessary only for the ballfield lights)
of all project items and procedures, the Township will
then be able to sign the project contract and
construction can begin. Mr. Vagi was hopeful that both
projects can be completed in the fall or early winter
1990.
Moved by Spearing, supported by Skylis to receive and
file the report* dated September 27, 1990 from Mr.
' Vagi. AYES: All. NAYS: None. ABSENT: Rose.
MOTION CARRIED.
6. POLICE MATTERS
Sgt. Kim Rossman, Oakland County Sheriff's Department,
addressed the Board regarding the need for a left turn
arrow and deceleration lane on M -24 and Clarkston Road
citing the recent school bus accident which occurred at
that intersection. Sgt. Rossman requested the Township
Board adopt a Resolution requesting the Michigan
Department of Transportation and the Oakland County
Road Commission make those changes. Discussion
followed.
Moved by English, supported by Arsen to adopt a
Resolution requesting a left turn lane and left turn
signal for school buses on northbound M -24 onto
westbound Clarkston Road and to forward the Resolution
to the Michigan Department of Transportation, Oakland
County Road Commission, Oakland County Sheriff's
Department, and Lake Orion Schools.
Bonnie Stickney, 731 E. Clarkston Rd., asked the Board
' to support improvements to the intersection for all
traffic. Discussion.
IMES
CHARTER TOWNSHIP OF ORION'BOARD OF TRUSTEES MINUTES '
REGULAR MEETING. MONDAY, OCTOBER 1, 1990
POLICE MATTERS continued:
The Motion was amended to read: Moved by English,
supported by Arsen to adopt a Resolution requesting a
left turn lane and turn E.ignal for traffic on
northbound M-24 turning to westbound Clarkston Road and
to forward the Resolution to the Michigan Department of
Transportation, Oakland County Road Commission, Oakland
County Sheriff's Department, and Lake Orion Schools.
AYES: Spearing, Skylis, Arsen, Hall, English, Van
Tassel. NAYS: None. ABSENT: Rose. MOTION CARRIED.
7. ASSESSING DEPARTMENT MATTERS NONE
8. BUILDING DEPARTMENT MATTERS
A. LETTER OF RESIGNATION. (1.4046) A letter* of
resignation dated September 21, 1990 was received from
Glenn Bartoni, Building Official. Mr. Bartoni has
accepted a position with the City of Birmingham. His
last day of work for the Township will be 10 -5 -90.
Moved by Spearing, supported by Arsen to accept the ,
resignation of Glenn Bartoni as Building Official, with
regret, and to forward an appropriate letter of
appreciation to him for his past services to the
Township. Discussion followed. AYES: Skylis,
Spearing, Arsen, Hall, English, Van Tassel. NAYS:
None. ABSENT: Rose. MOTION CARRIED.
Further discussion followed on the process for hiring a
Building Official. Supervisor Van Tassel stated the
opening will be advertised in the Lake Orion Review and
the appropriate building trade! publications.
Ken Thomas, 600 Cushing, addressed the Board on this
item.
The Trustee, requested to be involved in the hiring
process.
Richard White, Director of DPW, commented on a letter*
dated September 27, 1990 which was received from the
Village of Lake Orion regarding a proposal by the
Township to sell water to the Village. The letter '
requested further information. There has been no
counter proposal from the Village to date. Discussion
followed. The information requested by the Village
will be forwarded.
147
CHARTER
REGULAR
TOWNSHIP
MEETING
OF ORION
MONDAY,
BOARD
OCTOBER
OF
1,
TRUSTEES MINUTES
1990
10. PRESENTATION OF SERVICES AT THE COMMUNITY CENTER
(1.9780) Marilyn Becker, Pontiac General Mental Health
Clinic, addressed the Board regarding her
organization's use of the old Township Ha:11. Pontiac
General Mental Health Clinic has been using the
Community Center for the past 15 -18 years and presently
uses the Center five days and one evening per week for
counseling for over 1000 people. Ms. Becker requested
the Township honor its commitment to house this program
if the old Township Hall is sold.
Ellen Thomerson, Orion Area Youth Assistance, read a
statement from Ruth Verran, Lake Orion Girl's Softball
League, which stated the Girl's Softball league has
used the Community Center once a month for the last 10
years. Girl's Softball shares the building on that
evening with AA and it would be very difficult to find
another location to meet if the Center was sold.
Ms. Thomerson gave a brief history of Orion Area Youth
' Assistance in Orion Township. She requested the Board
continue to house the services offered by Orion Area
Youth Assistance.
Ruth Ann McCallum also addressed the Board regarding
the services offered by Orion Area Youth Assistance.
She stated her organization has been satisfied with the
facilities and the Township's support. Discussion.
Mary Boberg, Oxford /Orion Fish, read a statement
regarding the possible sale of the old Township Hall.
She requested the Board continue to support the organi-
zations using the building. She also expressed concern
about a loss of funding if the office is closed.
Bonnie Claycomb, 887 Walnut, addressed the Board
regarding preserving the old Township hall for its
historical value.
The Township Board assured all the organizations that
the Building would not be sold unless other suitable
accommodations could be found.
11 INDIANWOOD IMPROVEMENT ASSOCIATION. INC. MEMBERS WISH TO
ADDRESS THE BOARD
' (2.0000) Winifred Brinkmann, 1062 Abseguami Trail,
read a letter* from Larry Obrecht, President of
Indianwood Improvement Association, regarding the
Township Board approval of the Consent Judgment with
W A K
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAY, OCTOBER 1,_1990
INDIANWOOD IMPROVEMENT ASSOCIATION, INC. continued:
First Security Savings Bank in the rezoning of property on
Silverbell Road. That organization requested the Township
Board pass a resolution that would require "that any such
agreement would not and could not be passed at the first
meeting in which it was presented but would require it be
posted and discussed and rescheduled for a subsequent
meeting in order to give the public an opportunity to review
and give input at the appropriate time."
Mrs. Brinkmann also requested the Township Board look
into legislation being considered in other states which
would require developers tc pay costs up front for
required utilities.
12. RICHARD CAMPBELL WISHES TO ADDRESS THE BOARD RE; 732 CONKLIN
(2.0275) Richard
Campbell, 776 N. Conklin,
addressed
the Board regarding
a house at 732 Conklin
which is
next door to the
Campbell residence. Mr.
Campbell
stated that the
owner, Mr. Ron Price, tore
down the
existing structure
and rebuilt the house. Mr.
Campbell
questioned whether
Mr. Price had obtained the
necessary
'
permits from the
Township to rebuild the
house.
Mr. Campbell also
stated the Price house is
over the
property line on his
property.
Supervisor Van Tassel read a memo* dated September 26,
1990 from Glenn Bartoni, Building Official, regarding
permits which were issued to Mr. Price on March 30,
1990 to repair the structure only. On September 26,
Mr. Bartoni found that the house had been totally
demolished. Mr. Bartoni informed Mr. Price that the
existing structure was unsafe and that he would not be
able to meet requirements for roof height or Fire Rated
Sheathing for the north wall. Mr. Bartoni also told
Mr. Price he would have to clean up the material
scattered on the site.
Lengthy discussion followed and Tim Patterson, Township
Attorney, recommended the Board file an action in
Oakland County Circuit Court to get a Restraining Order
restraining further activity until Mr. Price complies
with the Ordinances.
Moved by English, supported by Hall to authorize the '
Attorney to seek a temporary restraining order in
Oakland County Circuit Court to stop work on the
structure at 732 N. Conklin Road and to seek
appropriate relief in this matter. Discussion.
149
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY OCTOBER 1, 1990
732 CONKLIN continued:
The Motion before the Board was reread. AYES:
Spearing, Skylis, Arsen, Hall, English, Van Tassel.
NAYS: None. ABSENT: Rose. MOTION CARRIED.
Bonnie Stickney, 731 E. Clarkston Road, and Leon Storm,
1400 S. Lapeer Road also addressed the Board on this
matter.
The Township Board temporarily recessed at 9:04 p.m.
13 REQUESTED REZONING FROM SF TO R -2, MILL LAKE ROAD WEST OF
BALDWIN PETITIONER. SGOS INVESTMENT
(2.1850) Clerk English read a communication* dated
September 27, 1990 from the Planning Commission
recommending denial of a request (PC- 90 -18) by New
Creation for rezoning property on Baldwin Road from
' Suburban Farms to Suburban Ranch. Discussion followed.
Moved by Spearing, supported by English to concur with
the Planning Commission and to deny the rezoning
request (PC- 90 -18) by New Creations for property west
of Baldwin and north of Mill Lake Road, a total of
85.874 acres, from SF (Suburban Farms -2 1/2 acres lots)
to R -2 (10,800 sq. ft. lots) with the denial based on
the following reasons:
1. Density on the property would be increased from
approximately 27 lots to a change that would allow
approximately 277 lots (from the Planner's letter) a
sevenfold increase. Such a change would not be in
keeping with the goals and objectives in our Master
Plan.
2. The requested change would be contrary to the
established land use pattern and could adversely affect
property values by changing the character of the area
through increase in density.
3. Nothing was
presented to show the current zoning
is incorrect or
that it cannot
be reasonably used as
zoned.
'
4. There have
been no zoning
changes in this area
since 1984 that
would support
this requested zoning
change.
150
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, OCTOBER _ 1990 _ _
REZONING REQUEST continued:
5. A change here could and would be precedent
setting, and if granted, would conflict with community
goals.
6. The request would not be compatible with the
surrounding zoning.
7. The past zoning of a piece of property is not a
sufficient reason to ignore the Township's goals and
objectives. If that reason alone was used for zoning
changes, there would never be a need for a new Master
Plan or zoning map•A People c.ou4d just say "it used to
be zoned that way,, ",. then tq.e ,Township could never
change or develop new goals or develop in any other
manner than "what was in the past" and no community can
truly say they are proud of all that's happened in its
past and want it continued.
Discussion followed on the SR (Suburban Ranch) zoning '
mentioned in the Planning Commission memo. Trustee
Arsen objected to SR zoning for this property.
Tim Patterson, Township Attorney, recommended the
motion contain only reasons 1 -7 in the September 27,
1990 memo with no reference to SR zoning in the
comments at the end of that memo.
Bonnie Stickney, Planning Commission Member, answered
questions from the Board on this matter.
Eleanor Wolf, 835 E. Clarkston, spoke in support of
lower density zoning.
Mike Eckart, representing the Keatington Mill Lake
Association, commended the Board for denial of the
rezoning. The group would hike the minimum zoning to
be Suburban Estates.
ROLL CALL VOTE: AYES: Arsen, Skylis, Spearing, Hall,
English, Van Tassel. NAYS: None. ABSENT: Rose.
MOTION CARRIED.
Further discussion followed. A hearing on the rezoning
from Suburban Farms to Suburban Ranch is scheduled I
before the Planning Commission.
151
CHARTER
TOWNSHIP
OF ORION
BOARD OF
TRUSTEES MINUTES
REGULAR
MEETING,
MONDAY,
OCTOBER 1.
1990
19. MATHISEN REVISED WETLANDS APPLICATION
(2.3130) Clerk English read communication* dated
September 29, 1990 from the Orion Township Planning
Commission. Moved by English, supported by Spearing to
concur with the Planning Commission and to approve the
Mathisen revised wetlands application (PC- 89 -11W).
Discussion. AYES: Arsen, Skylis, Spearing, Hall,
English, Van Tassel. NAYS: None. ABSENT: Rose.
MOTION CARRIED.
15. ORION BUSINESS PARK FINAL PRELIMINARY PLAT APPROVAL
(2.3250) Clerk English read a communication* dated
1990 from the Orion Township Planning Commission. Moved
by English, supported by Skylis to concur with the
Planning Commission and to approve the Final
Preliminary Plat (PC -89 -8) for Orion Business Park.
AYES: Spearing, Arsen, Skylis, Hall, English, Van
Tassel. NAYS: None. ABSENT: Rose. MOTION CARRIED.
' 16. SET 1991 MILLAGE RATES
(2.3355) Moved by Spearing, supported by Hall to set
the Safety Path Millage rate for 1991 at .2315 mil
which is the maximum allowed under Headlee. AYES:
Skylis, Arsen, Spearing, Hall, English, Van Tassel.
NAYS: None. ABSENT: Rose. MOTION CARRIED.
Moved by Spearing, supported by Hall to set the Police
Millage rate for 1991 at .9259 mil which the maximum
allowed under Headlee. AYES: Arsen, Skylis, Spearing,
Hall, English, Van Tassel. NAYS: None. ABSENT:
Rose. MOTION CARRIED.
Moved by Spearing, supported by Hall to set the Fire
Millage rate for 1991 at .9259 mil which is the maximum
allowed under Headlee. AYES: Skylis, Arsen, Spearing,
Hall, English, Van Tassel. NAYS: None. ABSENT:
Rose. MOTION CARRIED.
Moved by Spearing to set the General Fund Millage rate
at 1991 at 1.1 mil. Lengthy discussion followed and
the Motion before the Board died for lack of support.
Moved by Hall, supported by English to set the General
Fund Millage rate at 1.0 mil for 1991 which is less
than the maximum allowed under Headlee. .AYES: Hall,
English. NAYS: Arsen, Skylis, Spearing, Van Tassel.
ABSENT: Rose. MOTION FAILED FOR LACK OF SUFFICIENT OF
MAJORITY. Further discussion followed.
152
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTLS
REGULAR MEETING, MONDAY, OCTOBER 1. 1990
MILLAGE RATES continued:
Moved by Arsen, supported by Skylis to set the General
Fund Millage rate at 1.13 mil for 1991 which is less
than the maximum allowed under Headlee. Discussion
followed. AYES: Spearing, Skylis, Arsen. NAYS: Hall,
English, Van Tassel. ABSENT: Rose. MOTION FAILS FOR
LACK OF SUFFICIENT MAJORITY.
Moved by Spearing, supported by Van Tassel to set the
General Fund Millage rate 1.1 mil for 1991 which is
less than the maximum allowed under Headlee. Lengthy
discussion followed.
Jill Bastian, 913 Heights Rd., and Eleanor Wolf, 835 E.
Clarkston Road, addressed the Board on this matter.
The Motion before the Board was reread. AYES: Arsen,
Skylis, Spearing, Hall, Van Tassel. NAYS: English,
ABSENT: Rose. MOTION CARRIED.
17. PRIOR ACTS INSURANCE COVERAGE
(2.6750) Haig Neville Associates, Insurance
Consultant, in a letter* dated September 26, 1990
recommended the Township consider coverage proposed by
Burnham and Flower for "prior acts" under the Public
Officials Errors & Omissions Liability policy. The
coverage would be priced at about $13,000 and would
cover acts dating back two years. Lengthy discussion
followed.
The Board requested Mr. Neville attend the next meeting
to provide more information regarding this coverage and
to answer the following questions:
1. What specific coverages does the Township have in
this area now, occurrence or claims made?
2. What is the dollar amount. of the coverage?
3. How does this coverage supplement the coverage
the Township now has?
4. What was the level of past coverage? Was that
coverage so poor that this coverage had to be
recommended? '
5. Why is the rate for the insurance so high?
153
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING MONDAY OCTOBER 1, 1990
PRIOR ACTS INSURANCE COVERAGE continued:
The Board will also address changing the period of time
when insurance coverages come due from the current date
of July 1 to an effective date of January 1. Further
discussion.
18. RENEWAL OF AUDITORS CONTRACT " "
(3.0560) The Township has a policy of reviewing
consultants on a 2 year cycle. Discussion followed on
advertising for proposals for auditing services.
Moved by Spearing, supported by Skylis to authorize
advertising for proposals for auditing services for the
1990 and 1991 audits to be performed in the years 1991
and 1992. AYES: Arsen, Skylis, Spearing, Hall,
English, Van Tassel. NAYS: None. ABSENT: Rose.
MOTION CARRIED.
-----------------------------------------------------------------
Moved by Spearing, supported by English to extend the Meeting for
' one half hour to complete the agenda. AYES: A'L1. NAYS: None.
ABSENT: Rose. MOTION CARRIED.
------- ------- -------- ---------
---------------------------- - - - - --
19. RENEWAL OF PLANNERS CONTRACT
(3.1055) The Township currently contracts with
Vilican -Leman for planning consultant services. Moved
by English, supported by Spearing to request a proposal
from Vilican Leman for planning services for 1991-
1992.
Bonnie Stickney, 731 E. Clarkston Rd., commented on
this item.
ROLL CALL VOTE: AYES:
Skylis,
Spearing, Arsen,
Hall,
English, Van Tassel.
NAYS:
None. ABSENT:
Rose.
MOTION CARRIED.
20. SET DATE FOR 1991 BUDGET PUBLIC HEARING
(3.1275) Discussion on available dates for meeting.
Moved by English, supported by Skylis to set the Budget
' Public Hearing for Tuesday, October :23, 1990 at
7:30 p.m. at the Orion Township Hall. AYES: Arsen,
Spearing, Skylis, Hall, English, Van Tassel. NAYS:
None. ABSENT: Rose. MOTION CARRIED.
154
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETINGS MONDAY, OCTOBER 1,_1990 _—
BUDGET PUBLIC HEARING continued_
A Budget Work Session was set for October 10, 1990 at
7:30 p.m.
21. ADOPT RESOLUTION PLACING DEL M41ENT BILL ON TAX ROLL
Moved by Spearing, supported by Skylis to authorize
placing an unpaid bill in the amount of $1000 on the
tax roll for parcel number 9 -3- 252 -002. AYES: Arsen,
Skylis, Spearing, Hall, English, Van Tassel. NAYS:
None. MOTION CARRIED.
ADDITIONAL ITEM:
Eleanor Wolf, 835 E. Clarkston Rd., reminded Board
members of the Public Hearinq on the Master Plan for
Bald Mountain Recreation Area to be held October 2,
1990 at the Township Hall. Mrs. Wolf made an
announcement about a lecture by Dr. Paul Connett on
October. 8, 1990 in the Oakland County Commissioners
Auditorium regarding the incinerator.
ADJOURNMENT —
Moved by Spearing, supported by English to adjourn the
meeting. AYES: All. NAYS: None. ABSENT: Rose.
MOTION CARRIED.
MEETING ADJOURNED AT 10:55 P.M.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
mjs
THIS MEETING IS ON TAPE
*ON FILE IN THE CLERK'S OFFICE:
1
C
r
I
155
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
* M I N U T E S*
REGULAR MEETING, MONDAY, OCTOBER 15, 1990
The Charter Township of Orion Board of Trustees held a
Regular Meeting, Monday, October 15, 1990 at 7:00 p.m. at the
Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan
48361.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
Clerk Marie E. English
Treasurer Suzanne Hall
OTHERS:
Susan Galeczka
Arlene Nichols
Ted Rockwell
Jerry Letcher
Bev Shaver
Leon Harrison
Rosalie Ward
Joyce Deering
Haig Neville
B.J. Griffin
Eleanor Wolf
Trustee John Arsen
Trustee John Spearing
Trustee David Rose
Trustee James Skylis
Alan Motzny
Mark Vagi
Sgt. Kim Rossman
Jill Bastian
Candace Singer
Bonnie Stickney
Timothy Raymond
Richard White
Joan Bresett
Bette Blake
MEETING CONVENED AT 7:00 P.M.
Deborah Wilson
Leon Storm
L. S. Leblang
Nicole Robertson
Donna Roach
Kim Furguson
Robert Turner
James Milford
Ruth Ann McCallum
Elaine Pantak
The Pledge of Allegiance was led by Treasurer Hall, and
the Meditation was given by Trustee Spearing.
(1.0085) ADDITIONS TO AGENDA.
ATTORNEY MATTERS:
Proposed Consent Judgment for property at 4970 S.
Lapeer Rd., northwest corner of Brown and Lapeer,
Rocheleau case.
Proposed Consent Agreement with the :[ndianwood
Improvement Association involving deed restrictions
which are being renewed and revised.
BUILDING DEPARTMENT MATTERS:
Citizens wish to address the Township Board regarding
activities on the property on the east side of M -24
south of Burger King.
156
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES -- '
REGULAR MEETING, MONDAY, OCTOBER 15, 1990
A. MINUTES OF SPECIAL MEETING. (1.0157) Moved by
Spearing, supported by Rose to approve the minutes of
the Special Meeting of September 27, 1990 as submitted.
AYES: All. NAYS: None. MOTION CARRIED.
B. MINUTES OF REGULAR MEETING. (1.0202) Discussion.
Moved by Spearing, supported by Rose to approve the
minuteE of the Regular Meeting of October 1, 1990 as
corrected. (Item 12, paragraph 3, line 4 delete
"order "). AYES: All. NAYS: None. MOTION CARRIED.
(1.0290) Discussion occurred on the following bills:
Page 1, Appraisal Research Corp.
Page 2, Eric McCann, PC., Attorney Fees
Moved by Spearing, supported by Rose to approve the I
bills for payment as follows:
General
$ 43,981.34
Fire
1,186.19
Water
:.,122.88
Sewer
2,425.03
Other
46,120.00
Police
1359.90
TOTAL
$ 96,195.34
ROLL CALL-VOTE: AYES: Arser,, Skylis, Rose, Spearing,
Hall, English, Van Tassel. NAYS: None. MOTION
CARRIED.
3. ATTORNEY MATTERS
A. REQUEST FOR DELAYS ON REZONING. (1.0655) The
Township Board received copies of language* drafted by
the Township Attorney and Supervisor Van Tassel
regarding a proposed text amendment to the Zoning
Ordinance outlining procedures to be followed when
petitioners request delays in consideration of rezoning
applications. Lengthy discussion followed. '
a
157
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, OCTOBER 15, 1990
ATTORNEY MATTERS cont...
The following citizens addressed the Board on this
matter:
Eleanor Wolf, 835 E. Clarkston Rd.
Bonnie Stickney, 731 E. Clarkston Rd.
Sandy Greenberg, 299 Goldengate
Jill Bastian, 913 Heights Rd.
Gerald Letcher, 89 Goldengate
The Consensus of the Board was to not take action on
the language as an amendment to the Zoning ordinance
but instead to ask the Supervisor to draft a policy
statement for consideration at the next Board meeting
on October 29, 1990.
B. CONSENT JUDGMENT - 9970 S. LAPEER RD. (1.3191) A
proposed Consent Judgment* in the case of Orion vs
Rocheleau and Fancher was received on October 15, 1990
and referred to acting Building Official, Bud Storm.
' This case involves cars and automobile parts which are
stored on the property. Mr. Storm feels the Consent
Judgment contains the items agreed to in his meeting
with the Attorneys for both sides and Mr. Rocheleau.
Moved by Hall, supported by English to approve the
Consent Judgment* and to authorize the Attorney to sign
on behalf of the Township. AYES: Rose, Arsen,
Spearing, Skylis, Hall, English, Van Tassel. NAYS:
None. MOTION CARRIED.
C. CONSENT AGREEMENT - INDIANWOOD IMPROVEMENT
ASSOCIATION. (1.3390) The Township Board was asked to
approve a Consent Judgement* dated October 8, 1990
regarding changes to the deed restrictions on a number
of the subdivisions north of Indianwood between
Abseguami and Oneida which are represented by
Indianwood Improvement Association.
Those deed restrictions are expiring and need to be
renewed. It was necessary for the Indianwood
Improvement Association to go to court to accomplish
some changes they wished to make to the deed
restrictions. Since the Township originally approved
the plats, it was necessary for the Township to be
' involved in the re- drafting of the deed restrictions.
Discussion followed.
158
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING. MONDAY, OCTOBER 15, 1990 _
CONSENT AGREEMENT cont...
The Consensus of the Board was to postpone decision on
this :Ltem until the October 29, 1990 Regular Board
Meeting to allow time for study.
Bonnie Stickney, 731 E. Clarkston Rd., questioned the
Attorney on this item. Further discussion followed.
Eleanor Wolf, 835 E. Clarkston Rd., questioned the
Board on the status of the Merl Meacham case.
Supervisor Van Tassel referred to a status report*
dated October 10, 1990 on the pending litigation
against Merl Meacham as prepared by the Attorney. This
case deals with violations of Orloni "*Township's
Wetlands and Sand and Gravel (Landfill) Ordinances and
violations of the Building code. Further discussion
followed.
Mrs. Wolf also requested the Township Attorney provide '
citizens with information regarding large lot zoning
cases on which the Attorney opinion on First Security
was based.
4. PARK AND RECREATION MATTERS
A. SAFETY PATH REPORT. (1.4309) Mark Vagi, Director
of Parks and Recreation reported to the Board on repair
work on the Waldon Road safety path and a flooding
problem on the Clarkston Road safety path near Pine
Tree. More information will be given at the next
meeting. Moved by English, supported by Skylis receive
and file the safety path report from Mr. Vagi. AYES:
All. NAYS: None. MOTION CARRIED.
Leon Storm, 1400 S. Lapeer Rd., addressed the Board on
this item.
5. POLICE MATTERS
A. APPROVE SALE OF RADAR UNITS. (1.4862) Moved by
English, supported by Hall to approve the sale of two
used Decatur (Hunter) model 7715 radar units for $450
each with funds to go into the General Fund. '
Discussion. AYES: Spearing, Skylis, Rose, Arsen,
Hall, English, Van Tassel. NAYS: None. MOTION
CARRIED.
159
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, OCTOBER 15, 1990
6. ASSESSING DEPARTMENT MATTERS
A. APPRAISAL UPDATE. (1.5150) Kim Furguson, Assessing
Department, addressed the Board with an update report*
on the work of Appraisal Research Corporation.
Ms. Furguson informed the Board there has been a marked
improvement in production and she is confident the
contract can be satisfactorily completed on schedule.
Discussion. Moved by English, supported by Spearing to
receive and file the report* from Kim Furguson,
Assessing Department, dated October 12, 11390. AYES:
Arsen, Skylis, Rose, Spearing, Hall, English, Van
Tassel. NAYS: None. MOTION CARRIED.
B. HIRE ASSESSOR. (1.5395) The Township advertised
for applicants for the vacant Assessor's position.
Five qualified applicants were interviewed by
Supervisor Van Tassel, Clerk English, and Trustee
Skylis. Discussion. Moved by Skylis, supported by
Rose to hire Kim Furguson as Assessor, effective
' immediately, with a starting salary of $90,000 per
year. AYES: Rose, Spearing, Arsen, Skylis, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
Discussion followed on filling the vacancy in the
Assessor III position.
Moved by Spearing, supported by English to authorize
advertising for an appraiser with the level to be
determined by the three member interview committee with
input from the Assessor. AYES: Arsen, Rose, Skylis,
Spearing, Hall, English, Van Tassel. NAYS: None.
MOTION CARRIED.
7. BUILDING DEPARTMENT MATTERS
A. WETLANDS VIOLATION - M -29 SOUTH OF BURGER KING.
(1.5930) Timothy Raymond, 1335 Holliday Dr., addressed
the Board regarding activities on the property.
Mr. Raymond observed cut and fill operat.'ions on the
property including the destruction of trees and the
filling of wetlands without a permit. Mr. Raymond
questioned the present status of the situation.
Supervisor Van Tassel informed Mr. Raymond that a "Stop
' Work order" was issued by Leon Storm, acting Building
Official. The owner, Mr. Joseph Kosik, Jr., JFK
Company, abided by that order. Mr. Kosik, in a letter.
iM
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, OCTOBER-15, 1990_____
WETLANDS VIOLATION cont ...
dated October 12, 199 outlined a proposal to settle
the matter. It is expected Mr. Kosik will submit
drawings to restore the wetlands.
Mr. Raymond questioned whether the owner could be
fined.
Alar. Motzny, Township Attorney, staged a fine would
require a court procedure.
Mr. Raymond also spoke
Ordinance.
Lengthy discussion followed.
in favor of a Woodlands
Moved by English, supported by Rose to authorize Bud
Storm, acting Building Official, to proceed with Items
1 -9 in Mr. Kosik 's letter of October 12, 1990 as
follows:
1. Dredge back any material placed in the alleged
Wetland area.
2. Provide a drawing and stake out the wetland area
approximately as it was walked by Mr. Storm and
Mr. Kosik on October 12, 1330. Upon completion of the
dredging, Mr. Kosik would immediately install soil
erosion fencing to protect the fill from washing back
in.
3. Grade off the removed materials on the site and
field seed and mulch the area. In addition any other
soil erosion fencing needed while this is in process
would be provided anywhere on the site as the Township
sees fit and as designated on the plan.
9. It. will take approximately ten days to obtain the
necessary bids for the completion of these items at
which time a personal guarantee for those amounts can
be granted to the Township for a one year period
guaranteeing the installation and completion of this
work.
161
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, OCTOBER 15 1990
WETLAND VIOLATION cont...
and, further, to take other steps as may be
appropriate.
Discussion followed including the comments of the
following citizens who objected to the destruction of
the wetlands on the property:
Jill Bastian, 913 Heights Rd.
Eleanor Wolf, 835 E. Clarkston Rd.
Sandra Greenberg, 244 Goldengate Rd.
A letter* dated 10/15/90 was also read by Elaine
Pantak, 1930 Indianwood Rd.
The Motion before the Board was reread. ROLL CALL
VOTE: AYES: Spearing, Skylis, Arsen, Rose, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
-----------------------------------------------------------------
Discussion followed on procedures to be followed in hiring a
Building Official. Trustee Skylis requeste=d copies of the
applications for the Building Official position for his review.
(2.2365) Richard White, Director of Public Works,
answered questions from the Board regarding his request
to install approximately 320' of water main to provide
a looped water system to the Twin Lakes Apartments.
Buckhorn Plaza is presently being developed north of
Buckhorn Lake and the developer will be connecting to
the existing water main in two places at the back of
the property. Mr. White proposed to extend this water
main out to the water main which the developer will be
installing on the south side of the Building and on M-
24. The developer has agreed to give the Township a
20' feet wide easement between proposed Buckhorn Plaza
and Hardees Restaurant to complete the loop.
Lengthy discussion followed.
162
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES ,
REGULAR MEETING, MONDAY, O_C_TOBER 15 1990
DPW MATTERS _cont ...
Moved by English, supported by Rose to authorize the
installation of 320 lineal f,et. of 8 inch, class 54,
ductile iron water main on the north side of Buckhorn
Plaza property at an estimated cost of $7020 using the
Buckhorn Plaza contractor, A. L. Cavallaro, Co.
Discussion. AYES: Arsen, Rose, Skylis, Spearing,
Hall, English, Van Tassel. NAYS: None. MOTION
CARRIED.
9. _ _FIRE DEPARTMENT_ MATTERS
(2.2740) Discussion occurred on dispatch service.
10. PRIOR ACTS INSURANCE,_ HAIL NEVILLE___
(2.2802) Haig Neville, Haig Neville Associates,
answered questions from tf.e Board regarding his
recommendation for Prior Acts Insurance. Lengthy
discusion followed including discussion of "Claims
Made" vs "Occurrence" liability policies.
Moved by Rose, supported by Hall to authorize procuring
Prior Acts Public Officials Liability Coverage for a
two year time period at a cost of 513,000 for two
million dollars coverage. AYES: Skyl is, Spearing,
Rose, Hall, English, Van Tassel. NAYS: Arsen. MOTION
CARRIED.
Discussion also occurred on changing the effective date
of Insurance coverage from July I to January 1.
Mr. Neville would not recommend changinq the effective
date of coverage at this time due to the time required
for preparation of proposals.
The Consensus of the Board was to ask Mr. Neville to
prepare the specifications for insurance renewals
effective July 1, 1991.
The Township Board temporarily recessed from 9:43 p.m. until
9:57 p.m.
11. RECOMMENDATION FROM ZBA RE: CULVERTS IN JOHN WINTER SUB.
2 4800) Residents in the John Winter Subdivision
1rrilr_ trCl t -}lr Towtlnhl n.,ritt t }bill ih ilovih! =1 f�lr
163
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES - - - -- MINUTES
REGULAR MEETING, MONDAY, OCTOBER 15, 1990
ZBA RECOMMENDATION - JOHN WINTER SUB cont...
culverts along Summer, Goldengate, and Markdale
maintained. The culverts and ditches on these streets
are clogged with dirt which has caused drainage and
water runoff problems in the area. This problem has
been ongoing for several years.
Robert Turner, 211 Goldengate, and Sandy Greenberg, 244
Goldengate, addressed the Board regarding the residents
attempts to have Oakland County Road Commission clear
the ditches.
Supervisor Van Tassel will contact the Road Commission
and request they investigate this area and the runoff
problems and inform the Township what the Road
Commission can do toward maintenance of these ditches
and culverts.
12. REZONING REQUEST FROM OP -1 TO RM _2- SOUTHEAST CORNER OF
JOSLYN AND WALDON ROADS, ORION 83 LIMITED, I?ETITIONER
(2.5325) Clerk English read a letter* dated October
1, 1990 from Lawrence R. Garon, Orion 83 Limited
Partnership, requesting that a decision on his rezoning
petition for property at Joslyn and Waldon Roads be
rescheduled for the October 29, 1990 Board meeting.
Mr. Garon was unable to attend tonight's meeting.
Jim Reed, Orion 83 Limited Partnership, was available
to answer questions from the Board regarding this
matter.
Moved by English, supported by Rose to put the rezoning
request on the October 29, 1990 Regular Board Meeting
Agenda. AYES: Skylis, Spearing, Rose, Arsen, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
13. REQUESTS RE: WINEMAN PROPERTY
A. DRAIN EASEMENT (2.5520) Upon recommendation of
Township Attorney, Greg Need, a Motion was made by
Spearing, supported by Rose to defer action on the
Storm Drain Maintenance Agreement* until there is
language giving the Township the authority and cost
recovery mechanism to perform maintenance if the
' Wineman organization and homeowner's association fails
to due so.
164
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING.-MONDAY, OCTOBER 15. 1990
WINEMAN - DRAIN EASEMENT cont...
Matt Schwan 1tz, Giffels- Webster Engineers, asked for
direction on this matter. He was referred to the
Township Attorney, Greq Need.
AYES: Rose, Arsen, Skylis, Spearing, Hall, English,
Van Tassel. Nays: None. MOTION CARRIED.
B. DNR NOTICE (2.5900) Moved by English, supported by
Hall to receive and file the DNR notice* (90- 14 -807W)
dated October 1, 1990 regarding an application for a
wetlands permit under the Goemaere- Anderson Wetland
Protection Act for property on the east side of Lapeer
Rd., south of Scripps Rd. AYES: ALL. NAYS: None.
MOTION CARRIED.
C. ROUNDTREE WETLANDS APPLICATION (2.6050) Clerk
English read communication* dated October 8, 1990 from
the Planning Commission regarding PC- 90 -47W, a Wetlands;
application from Wineman for Round Tree Subdivision,
located at Lapeer grid Scripps Roads. Moved by English,
supported by Arsen to concur with the Planning '
Commission and to approve the Wetlands Permit with the
stipulation that soils native to the site be the
material used for the dike construction. AYES:
Spearing, Arsen, Rose, Skylis, Hall, English, Van
Tassel. NAYS: None. MOTION CARRIED.
14. DNR PUBLIC NO_TI_C_E RE: PROPERTY SOUTH OF MAYBEE RD. BETWEEN
ROHR AND BALDWIN ROADS
(2.6317) Moved by Englisn, supported by Nall to
receive and file the DNR notice* (90- 14 - -950) dated
October 4, 1390 regarding an application for a wetlands
permit, for property known as Rollinq Meadows. AYES:
All. NAYS: None. MOTION CARRIED.
15. RECOMMENDATION FROM ZBA_ -RE: TEMPORARY USE PERMIT APPLI_CATION
(2.6420
Discussion on a recommendation* dated October
12, 1990
from the Zoning Board of Appeals regarding
temporary
use permit applications. It
was recommended,
once an
applicant has been granted
a Temporary Use
Permi'_,
the application :De sent
to the Buildinq
Official
for approval of future
requests if the
application
does not change. The
Board will draft
specific
language to be considered at
the next Regular
Board Meeting.
165
TEMPORARY USE PERMITS cont...
Sandy Greenberg, 299 Goldengate, addressed the Board
regarding door -to -door solicitation.
16. SET HALLOWEEN HOURS
Moved by Rose, supported by Arsen to set the Halloween
Hours for the Township from 6 p.m. -- 7 p.m. on
Wednesday, October 31, 1990. Discussion. AYES:
Arsen, Rose, Spearing, Hall, Van Tassel. NAYS:
Skylis, English. MOTION CARRIED.
17. REVISED CONSENT JUDGMENT - CHUCK'S CAR WASH, BALDWIN ROAD
(3.0010) In September, 1988 the Township entered into
a Consent Judgment with Charles Antaya, owner and
operator of Chuck's Car Wash on Baldwin Road. There
were numerous complaints from residents in the area
regarding the noise caused by operation of the dryer
blower system.
' There have been discussions with Mr. Antaya and he has
proposed to build an addition on the south end of the
car wash where the blowers are located. The enclosed
addition will serve to capture the noise and hold it
inside the building rather than having it dispersed
through the neighborhood. Discussion followed
includinq the timing for the completion of the project.
Moved by Spearing, supported by Rose to agree with the
terms of the proposed Consent Judgment* and to
authorize the Attorney to sign on behalf of the
Township. Discussion. AYES: Rose, Arsen, Skylis,
Spearing, Hall, Van Tassel. NAYS: English. MOTION
CARRIED.
18. EVALUATION OF OLD TOWNSHIP HALL _
(3.0620) After discussion a Motion was made by
Spearing, supported by Rose to receive and file the
three market analyses* of the old Township Hall
property known as the Community Center at 571 S. Lapeer
Road as received from Partridge & Associate (John
Ward), Coldwell Banker Shooltz (Ted Rockwell), and
Cyrowski Associates (Carl Cyrowski). AYES: All.
' NAYS: None. MOTION CARRIED.
Carl Cyrowski and Ted Rockwell answered questions from
the Board regarding their analyses. Discussion
followed.
TOWNSHIP
OF ORION
BOARD
OF
TRUSTEES MINUTES—
tCHARTER
REGULAR
MEETING,
MONDAY,
OCTOBER
15,
1990
TEMPORARY USE PERMITS cont...
Sandy Greenberg, 299 Goldengate, addressed the Board
regarding door -to -door solicitation.
16. SET HALLOWEEN HOURS
Moved by Rose, supported by Arsen to set the Halloween
Hours for the Township from 6 p.m. -- 7 p.m. on
Wednesday, October 31, 1990. Discussion. AYES:
Arsen, Rose, Spearing, Hall, Van Tassel. NAYS:
Skylis, English. MOTION CARRIED.
17. REVISED CONSENT JUDGMENT - CHUCK'S CAR WASH, BALDWIN ROAD
(3.0010) In September, 1988 the Township entered into
a Consent Judgment with Charles Antaya, owner and
operator of Chuck's Car Wash on Baldwin Road. There
were numerous complaints from residents in the area
regarding the noise caused by operation of the dryer
blower system.
' There have been discussions with Mr. Antaya and he has
proposed to build an addition on the south end of the
car wash where the blowers are located. The enclosed
addition will serve to capture the noise and hold it
inside the building rather than having it dispersed
through the neighborhood. Discussion followed
includinq the timing for the completion of the project.
Moved by Spearing, supported by Rose to agree with the
terms of the proposed Consent Judgment* and to
authorize the Attorney to sign on behalf of the
Township. Discussion. AYES: Rose, Arsen, Skylis,
Spearing, Hall, Van Tassel. NAYS: English. MOTION
CARRIED.
18. EVALUATION OF OLD TOWNSHIP HALL _
(3.0620) After discussion a Motion was made by
Spearing, supported by Rose to receive and file the
three market analyses* of the old Township Hall
property known as the Community Center at 571 S. Lapeer
Road as received from Partridge & Associate (John
Ward), Coldwell Banker Shooltz (Ted Rockwell), and
Cyrowski Associates (Carl Cyrowski). AYES: All.
' NAYS: None. MOTION CARRIED.
Carl Cyrowski and Ted Rockwell answered questions from
the Board regarding their analyses. Discussion
followed.
166
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING._ MONDAY, OCTOBER_ 15, 1990
19._ -REQUEST FOR REFUND -_ GOOD_ SHEPHERD LUTHERAN CHURCH
(3.07) Clerk Enq_lish read a communication* dated
October 10, 1990 from the Zoning Board of Appeals.
Moved by Hall, supported by Rose to authorize a $50
refund to Good Shepherd Lutheran Church for a temporary
use permit which was granted by the ZBA for Christmas
tree sales. AYES: Spearing, Skyl is, Arsen, Rose,
Hall ,E:nglish, VAn Tassel. NAYS: None. MOTION
CARRIED.
ADDITIONAL ITEMS:
Treasurer Hall referred to a Treasurer's Report which
was included in the Board packet.
Jill Dastian, 913 Heights, addressed the Board
regarding the volume of the public address system and
the smokinq policy at Board Meetings.
_ADJOURNMENT__________ _ _
Moved by Spearinq, supported by Rose to adjourn the
meeting. AYES: All. NAYS: None. MOTION CARRIED.
THE MEETING ADJOURNED AT 10:55 P.M.
Respectfully submitted
Marie F. English, Clerk
CHARTER TOWNSHIP OF ORION
mjs
THIS MEETING IS ON TAPE
*ON FILE IN THE CLERK'S OFFICE
[_ 7
L
CHARTER TOWNSHIP OF ORION
BOARD OF TRUSTEES
* M I N U T E S*
SPECIAL MEETING, TUESDAY, OCTOBER 23, 1990
The Board of the Charter Township of Orion held
Meeting, Tuesday, October 23, 1990 at 7:30 p.m. at
Township Hall, 2525 Joslyn Road, Lake Orion, Michigan.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
Clerk Marie English
Treasurer Suzanne Hall
BOARD MEMBERS ABSENT:
Trustee ,John Spearing
OTHERS:
Mary Ann Gritzinger
Helen A. Leonard
Jennie Smigielski
Mark Vagi
Jim Weidman
Jill Bastian
Trustee Jim Skylis
Trustee David Rose
Trustee John Arsen
Beatrice Robertson
Neal E. Leonard
Pat Haynes
Karen Muz
Marie M. Moore
Nicole Robertson
MEETING CONVENED AT 7:30 P.M.
7:30 p.m. Township Board held
Community Develop
program year.
167
a Special
the Orion
Connie Thackeberry
Les J. Charley
Vern Haynes
Bernard Neal
Clarence Moon
Public Hearing regardinq
Funds for the 1991 -92
7:55 p.m. Township Board held Public Hearing reclarding
1991 Budget.
1. REQUEST TO HIRE CO -OP, ASSESSING DEPARTMENT
Moved by English, supported by Rose, tc hire Lisa
Marton as co -op in Assessing Department: effective
November 5, 1990 at a pay rate of $9.50 per hour.
AYES: Skylis, Rose, Hall, English, Van Tassel. NAYS:
None. ABSENT: Arsen, Spearing. MOTION CARRIED.
2. RENO MINISTRELLI & SONS BILL
Moved by English, supported by Hall, to authorize
payment of $80,000.00 to Reno Ministrelli & Sons for
' paving work on Rohr, Gregory and Maybee Roads. AYES:
Rose, Skylis, Hall, English, Van Tassel. NAYS: None.
ABSENT: Arsen, Spearing. MOTION CARRIED.
• i'
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
SPECIAL MEETINGI_ TUESDAYOCT_OBE_R_ 23� 199.0__
3_ LIGHTS _AT_SENI.OR CENTER
Moved by English, supported by Hall, to request Detroit
Edison install motion lights in the Senior Center
Parking Lot. Discussion. AYES: Skylis, Rose, Hall,
English, Van Tassel. NAYS: None. ABSENT: Arsen,
Spearing. MOTION CARRIED.
ADJOURNMENT_____
Moved by English, supported by Skylis to adjourn.
MOTION CARRIED.
MEETING ADJOJRNED AT 9:90 P.M.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
TRANSCRIBED BY:
Susan Carol Galeczka
THIS MEETING IS ON TAPE
(Budget Hearing 10/23/90)
CHARTER TOWNSHIP OF ORION
BOARD OF TRUSTEES
* M I N U T E S*
COMMUNITY DEVELOPMENT FUNDS PUBLIC HEARING
The Board of the Charter Township of Orion held a Public
Hearing regarding Community Development Funds for the 1991 -92
Program Year on Tuesday, October 23, 1990 at 7:30 p.m. at the
Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan.
BOARD MEMBERS PRESENT:
Supervisor J -DAnn Van Tassel
Clerk Marie English
Treasurer Suzanne Hall
BOARD MEMBERS ABSENT:
Trustee John Spearing
Trustee Jim Skylis
Trustee David Rose
Trustee John Arsen
�J
1 • •
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
CDA PUBLIC HEARING, TUESDAYS OCTOBER 23, 1990
OTHERS:
Mary Ann Gritzinger
Helen A. Leonard
Jennie Smigielski
Mark Vagi
Jim Weidman
Jill Bastian
Beatrice Robertson
Neal E. Leonard
Pat Haynes
Karen Muz
Marie M. Moore
Nicole Robertson
MEETING CONVENED AT 7:30 P.M.
Connie Thackeberry
Les J. Charley
Vern Haynes
Bernard Neal
Clarence Moon
Supervisor Van Tassel stated the hearing is for the
purpose of obtaining public comment regarding Community
Development Funds for the 1991 -92 Program Year. The
Hearing is open to all people and comments are not
restricted to only Orion Township Residents.
Jennie Smigielski, 3404 Kennard, stated the Seniors
would like to know if it would be possible to install a
swimming pool in the sanctuary area of the Senior
Center.
Bernard Neal, 211 Atwater, #119, addressed the
following items:
1. The retainer pond behind Orion Lumber
Company is badly maintained and would like
the Township to look into the matter.
2. A mini qarage for Semta Buses could be
put in the area to keep the buses closer to
Orion Township.
3. Senior Van and SEMTA bus service
Leo Charley, 1757 Kinmount, requested showers be put in the
Senior Center.
Patrick Haynes, 50 N. Conklin, stated in 1990 -91 Budget the
Senior Citizens asked for air conditioning at the Senior
Center and nothing has been done. Will it go in this year?
Discussion. Mr. Haynes also asked how much of the building
is the Senior Center. Supervisor Van Tassel responded the
parts that are renovated. Discussion.
Jennie Smegielski, 3404 Kennard, stated people in the Foster
' Homes are not coming to the Senior Center any more because
they are unable to get SMART tickets.
170
CHARTER TOWNSHIP OF ORION BOARD OF' TRUSTEES MINUTES
CDA PUBLIC _HEARING,__TUESDA_Y,_OCTOBER 23 199_0 _
Karen Muz, Manager of Senior Center, stated the things the
Seniors are requesting are:
1. Top for the Flag Pole
2. Railings for ramps
3. Awning for front and back doors
Ms. Muz also requested the Township notify the Senior Center
whenever the Board will discuss pertinent items regardinq
the Senior Citizens and the Senior Center. Clerk English
stated she will send Agendas of all Township Board Meetings
to the Senior Center.
Supervisor Van Tassel asked if there was anyone else who
wished to speak the Public Hearing.
HEARING DECLARED HELD AT 7:55 P.M.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
TRANSCRIBED BY:
Susan Carol Galeczka
This Meetinq is on Tape
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
* M I N U T E S*
REGULAR MEETING, MONDAY, OCTOBER 29, 1990
The Charter Township of Orion Board of Trustees held a
Regular Meeting, Monday, October 29, 1990 at 7:00 p.m. at the
Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan.
BOARD MEMBERS PRESENT:
Supervisor JoAnn 'Jan Tassel
Clerk Marie E. English
Treasurer Suzanne Hall
OTHERS:
Susan Galeczka
Jerry Letcher
Raymond Pantak
Mary Cavanagh
Ken Thomas
Richard T. White
Jim Allen
David Biddle
Greg Bodker
Mike Coulter
Rosalie Ward
Elaine Pantak
Marqaret Mario i
Don Dart-us
Trustee John Arsen
Trustee John Spearing
Trustee David Rose
Trustee James Skylis
Verlin Eppert
Eleanor Wolf
Lenore Cavanagh
Patricia Whitsett
Bonnie Stickney
Sandra Greenberq
Jim Qualls
n
J
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEET ING. ___MONDAY,_ OCTOBER _29,_1990
OTHERS continued:
Peter Kemp
Larry Goran
Raymond Frampton
Jill Bastian
Allen E. Gorris
Laura Sinkler
Richard Davidson
John Barbay
Richard Knoth
Timothy Mack
Jim Marleau
Fred Miller
Dan Myslakowski
Milton Rotenberg
Carl Banker
Yvonne Will
Leon Harrison
Verne Sinkler
Sandra Dyl
Luanne Knoth
Carl Cyrowski
Tim Dearman
Dave Rigdon
Richard M. White
Dee Myslakowski
Elizabeth Frampton
William Grandstaff
Deborah Wilson
Mike Packard
Nicole Robertson
Judith Price
Mary Chayka Crawford
Mary Ann Ryan
Jim Milford
Bill Kalmar
Jack Ward
171
MEETING CONVENED AT 7:00 P.M.
The Pledge of Allegiance was led by Trustee Rose, and
the Meditation was given by Supervisor Van Tassel.
' A. MINUTES OF REGULAR MEETING. (1.0195) Moved by
Hall, supported by Arsen to approve the Minutes of the
Regular Meeting of October 15, 1990 as submitted.
AYES: All. NAYS: None. MOTION CARRIED.
B. MINUTES OF CDA PUBLIC HEARING. (1.0195) Moved by
Hall, supported by Rose to approve the Minutes of the
Community Development Funds Public Hearing of October
23, 1990 as corrected (change references to "SEMTA" bus
service to current title which is "SMART "). AYES:
All. NAYS: None. MOTION CARRIED.
C. MINUTES OF BUDGET PUBLIC HEARING. (1.290) Moved by
Hall, supported by Spearing to approve the Minutes of
the 1991 Budget Public Hearing of October 23, 1990 as
submitted. AYES: All. NAYS: None. MOTION CARRIED.
D. MINUTES OF SPECIAL MEETING. (1.0702) Moved by
Hall, supported by Rose to approve the Minutes of the
Special Meeting of October 23, 1990 as submitted.
AYES: All. NAYS: None. MOTION CARRIED.
(1.0309)
Moved
by
Spearing,
supported
by Rose to
'
approve the
bills
for
payment as
follows:
172
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES — MINUTES
REGULAR MEETING. OCTOBER 29. 1990___
BILLS continued:
General $ 3,966.98
Fire 7,715.16
Water ;,777.93
Sewer 2,798.90
Other 896.00
TOTAL $ 18,109.97
ROLL CALL VOTE_: AYES: Arsen, Skylis, Rose, Spearing, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
3. ATTORNEY_ MATTERS
A. CONSENT JUDGEMENT - INDIANWOOD IMPROVEMENT
ASSOCIATION. (1.0375) The Consent Judgment *,
involving Indianwood Improvement Association, concerns
revision and renewal of deed restrictions for
Indianwood Shores, Indianwood Hills, Supervisor's Plat
#7, and Indianwood Shores #3. Moved by English,
supported by Arsen to authorize the Attorney to sign
the Consent Judgment on behalf of the Township. AYES:
Rose, Skylis, Spearing, Arsen, Hall, English, Van
Tassel. NAYS: None. MOTION CARRIED.
'
B. PROPOSED CONSENT JUDGMENT - CLINTON RIVER SPILLWAY.
(1.0930) The proposed Consent Judgment *, involving the
Inter- County Drainage Distrito: and the Board for the
Clinton River Spillway Drain, concerns the Township's
apportionment: for maintenance of the Spillway. The
apportionment has been reduced but it was necessary to
stipulate germs and conditions as outlined on page 2 of
the Consent Judgment. The Attorneys for the Drainage
Board have responded by making_ substantial changes in
the terms and conditions.
Moved by Hall, supported by Rose to reject the proposed
language from the Attorney for the Drainage Board and
to reiterate support for the agreement reached with the
Oakland County Drain Commission. Discussion followed.
AYES: Rose, Skylis, Spearing, Arsen, Hall, English,
Van Tassel. NAYS: None. MOTION CARRIED.
C. CITIZEN ADDRESSED THE BOARD. Eleanor Wolf,
835 E. Clarkston Road, requested the Board ask the
Attorney for a list of large 1st zoning cases on which '
the Attorney opinion regarding First Security was
based
173
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, OCTOBER 29, 1990
ATTORNEY MATTERS continued:
Supervisor Van Tassel stated the matter has been
directed to the Township Attorney and he will prepare
that information.
Moved by English, supported by Spearing to go to Closed Session
to discuss pending litigation in the case of IGA vs Orion. AYES:
Arsen, Skylis, Rose, Spearing, Hall, English, Van Tassel. NAYS:
None. MOTION CARRIED.
A CLOSED SESSION OF THE ORION TOWNSHIP BOARD WAS HELD AT 7:23
P.M. THE REGULAR MEETING RECONVENED AT 7:45 P.M.
---------------------------------------------------------- - - - - --
4. POLICE MATTERS NONE
5. ASSESSING DEPARTMENT MATTERS NONE
' 6. BUILDING DEPARTMENT MATTERS
A. ELAINE & RAYMOND PANTAK WISH TO ADDRESS THE BOARD.
(1.1075) Raymond and Elaine Pantak, 1930 Indianwood
Road, addressed the Board regarding the following
matters:
1. Storage of a large quantity of industrial materials
and vehicles over approximately 1000 feet along
Indianwood Road on property owned by Indianwood Country
Club across from the Pantak property. Mr. Pantak
questioned whether open storage was allowed by
Ordinance in the Township. Mr. Pantak also questioned
how storage and materials are addressed in a PUD. Mr.
Pantak stated that this problem has been ongoing for
three years and each year there appears to be more
storage. Mr. Pantak feels the storage is affecting his
property values and asked the Board to provide relief
in this matter. Discussion followed.
Supervisor Van Tassel will direct acting Building
Official, Bud Storm, to investigate the matter and
report back. Whatever corrective action needed will
then be taken.
' 2. Notification of property owners regarding public
hearings. Mrs. Pantak stated she has been told the
notification in question was the responsibility of the
Planning Commission.
174
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING` MONDAY, OCTOBER 29, _9-90 ___
BUILDING DEPARTMENT MATTERS continued:
3. Purpose of stakes thr_)ugh the Pantak's wildlife
pond. Supervisor Van Tassel stated she was unaware of
any wDrk the Township has authorized to be done in the
Indianwood right -of- -way west Df Joslyn. Richard White,
Director of DPW, stated that surveying is qoinq on in
that area for the Biltmore project which stops short of
the Fantak property. Mr. White felt the stakes in
front of the Pantak property only located the right -of-
way. Mr. White stated the Township has no plans to
extend utilities to that area at this time.
B. RON 6 JUDITH PRICE WISH TO ADDRESS THE BOARD
REGARDING 732 CONKLIN. (1.1750) The Prices requested
to be removed from the Agenda.
C. SET CONDEMNATION HEARINGS. (1.1780) Acting
Building Official, Bud Storm, indicated a demolition
permit has been issued in the case CD -90 -1, 631
Johnson.
Hearings were scheduled in the case CD -90 -3, 1655 Brown
Road, northwest corner of the intersection of Brown and
'
Giddings, and also in the case CD -90 -9, 953 Heights
Road.
Moved by Enqlish, supported by Hall to set a Hearing
for November 19, 1990 at the Orion Township Hall at
8:00 p.m. regarding the Condemnation order for 1655
Brown and, immediately thereafter, to hold a Hearing
regarding the Condemnation Order for 953 Heights Rd.
Discussion. AYES: Spearing, Skylis, Arsen, Rose,
Hall, English, Van Tassel. NAYS: None. MOTION
CARRIED.
Eleanor Wolf, 835 E. Clarkston Rd., addressed the Board
regarding her concerns about the restoration of the
wetlands on property owned by Mr. Joseph Kosik on
Lapeer Road near Burger King restaurant. Mrs. Wolf
urged the Board to continue the Stop Work order on this
property until a wetland= restoration expert can
outline the steps appropriate to be taken. Mrs. Wolf
also felt all costs should be paid by Mr. Kosik's
company.
Supervisor Van Tassel staged a meeting has been set: on
the property for October 31, 1990 with Mr. Storm, the
'
Township Engineers, and Mr. Kosik.
175
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES — MINUTES
REGULAR MEETING, MONDAY, OCTOBER-29, 1990
BUILDING DEPARTMENT MATTERS continued:
Mrs. wolf was opposed to Mr. Kosik's involvement in the
restoration. Lengthy discussion followed. The Consen-
sus of the Board was to direct the Acting Building Of-
ficial, Bud Storm, to bring any proposals to the Board
before any work is done. Also, the Township Engineers
will make a report at the Monday, November 5, 1990 Spe-
cial Meeting regarding the plans to restore the wetland
7. DPW MATTERS NONE
8. FIRE DEPARTMENT MATTERS
ACCIDENT AND DISABILITY INSURANCE FOR VOLUNTEERS.
(1.2870) Fire Chief, Jeff Key answered questions from
the Board regarding a proposal to increase and broaden
coverage for Volunteer Fireman for accidental death and
injury on the job. Discussion followed.
Moved by English, supported by Arsen to authorize
' acceptance of Accident and Disability Insurance for
Volunteer Firefighters which is proposal #2 in the
material* received from Burnham and Flower Agency dated
August 14, 1990 and effective January 1, 1991. AYES:
Spearing, Arsen, Rose, Skylis, Hall, English, Van
Tassel. NAYS: None. MOTION CARRIED.
Moved by English, supported by Skylis to authorize
hepatitis immunization for the Volunteer Firefighters
as proposed by the Community Health Care Center,
Oxford, in a letter* dated January 24, 1990 with the
immunizations to be given in 1991. (Money has been
included in the 1991 Budget to cover this expense.)
AYES: Rose, Arsen, Spearing, Skylis, Hall, English,
Van Tassel. NAYS: None. MOTION CARRIED.
9. PARKS AND RECREATION MATTERS_
SAFETY PATH REPORT. A. WALDON ROAD SAFETY PATH.
(1.3170) Jill Bastian, 913 Heights Road, answered
questions from the Board regarding a memo* from Mark
Vagi, Director of Parks and Recreation, dated October
23, 1990 regarding the condition and repairs needed on
the Waldon Road Safety Path. Mr. Vagi recommended the
Safety Path undergo a complete resurfacing within the
' next year or two, a guard rail be installed at the
canal site, and repairs be made to small upheavals in
the path that pose a hazard. Discussion followed. The
Safety Path Committee will report back at a future
meeting.
176
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES — MINUTES '
REGULAR MEETINGS MONDAY„ OCTOBER - 911990
SAFETY PATH;;_ continued_
B. CLARKSTON ROAD SAFETY PATH - PROPOSED CHANGE ORDER.
Jill Bastian, 913 Heights Road, also answered questions
from the Board regarding a Change Order* from Orchard,
Hiltz and McCliment (dated October 22, 1990) for
installation of a leaching basin at both 890 and 990 W.
Clarkston Road in order to alleviate the recurring
water drainage problems at these sites adjacent: to the
safety path. Discussion on costs.
Moved by Arsen, supported by Spearing to approve Change
Order 02 for the leaching basin. AYES: Skylis, Rose,
Spearing, Arsen, Hall, English, Van Tassel. NAYS:
None. MOTION CARRIED.
Ms. Bastian has also been in contact with the Oakland
County Road Commission regarding installation of a
guard rail on the Safety Path near the corner of Pine
Tree and Clarkston Road.
C. RECYCLING PROGRAM. Sa.idy Greenberg, Recycling ,
Committee, addressed the Board regarding a proposal to
include the collection of used clothing and toys in
good condition along with tte usual recyclable items
now collected at the Township Hall. Purple Heart has
agreed to accept the items. Moved by Arsen, supported
by Skylis to authorize collection of clothing and toys
on the recycling Saturday ;Fourth Saturday of the
month) at the Township Hall. Further discussion
followed.
Sandra Dyl, 1558 Nancy G [ane, also commented on public
versus private recycling facilities.
ROLL CALL VOTE: AYES: Rose, Spearing, Skylis, Arsen,
Flail, Eng]ish, Van Tassel. NAYS: None. MOTION
CARRIED.
ADDITIONAL ITEMS:
Bonnie Stickney, 731 E. Clarkston Road, requested to be
replaced on the Paint Creek Trailway Commission,
Luanne Knoth, 2559 Browning, addressed the Board
regarding hunting on the Orion Oaks County Park
Property. She requested the 1oard's support in trying
to have hunting on the property stopped. She feels the ,
hunting endangers Webber School children and residents
of Keatington. Discussion followed.
177
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING MONDAY OCTOBER 29 1990
ORION OAKS COUNTY PARK continued:
Moved by Spearing, supported by Arsen to adopt a
Resolution requesting closing Orion Oaks County Park to
hunting. AYES: Skylis, Rose, Arsen, Spearing, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
Sgt. Kim Rossman, OCSD, answered questions from the
Board regarding his authority to enforce "No Parking"
near the County Park property.
The following citizens also addressed the Board in
regarding the County Park property including composting
may be occurring on the site:
Judy White, 2723 Calais
Eleanor Wolf, 835 E. Clarkston Road
Sandra Dyl, 1558 Nancy G. Lane
Sandy Greenberg, 244 Goldengate
Mary Ann Ryan, 301 Waldon Road
Bonnie Stickney, 731 E. Clarkston Road
Fred Miller, 1520 S. Lapeer Rd.
-------------------------------------------------------------------
The Township Board temporarily recessed from 9:05 until 9:15 p.m.
10. PLANNING COMMISSION INTERVIEWS
(2.0010) The Board previously authorized advertising
for vacancies on the Planning Commission. The positions
were advertised in the Orion Review and on the Cable
Government Channel. Eleven resumes were received.
Applicants were asked to draw numbers to determine the
order of interviews. Only the applicant being
interviewed and those applicants already interviewed
were allowed to stay in the room. Peter Kemp, Chairman
of the Planning Commission, was also present to
question applicants.
The interviews were then conducted in the following
order:
1. Dan Myslakowski
2.
Dave Biddle
3.
Richard White
4.
5.
Yvonne Will
Don Bartus
6.
Sandra Dyl
7.
Greg Bodker
178
CWT §§ ` §Wy § §I§ Of @410 § ®AN@ Of ' 999TMN® MINUTE®
REGULAR MEETINGS MONDAY, OCTOBER 29,1990 I
PLANNING COMMISSION INTERVIEWS continued:
Paul Griglio withdrew his application. Cathy Pisano,
Gerald Trimble, and James Weidman submitted
applications but did not appear for interviews. Anyone
who applied will be eligible for consideration.
A Special Meeting of the Board will be held Monday,
November 5, 1990 at 7:00 p.m to act on the Planning_
Commission appointments as well as other Agenda items.
11. REQUEST TO COMBINE NONCONFORMING LOTS OF RECORD, 146 DETROIT
LOT 15 6 16�_ BUNNY RUN COUNTRY CLUB.
(2.3066) Richard Davidson, 50 Detroit Blvd., answered
questions from the Board regarding his request to
combine nonconforming lots. Discussion.
Moved by Spearing, supported by Rose to approve the
combination of nonconforming Lets #15 & 16 (Bunny Run
Country Club) to form a lot of record for residential
construction purposes at 146 Detroit. Further
discussion occurred. AYES: Arsen, Skylis, Rose, I
Spearing, Hall, English, Van Tassel. NAYS: None.
MOTION CARRIED.
12. REZONING REQUEST OP -1 TO RM -2, WALDON AND JOSLYN ROADS,
ORION 83 LIMITED PARTNERSHIP, APPLICANT (PC- 90 -25)
(2.3465) Milton Rotenberg, Orion 83 Limited
Partnership, introduced his associates (Larry Garon,
Verlin Eppert, Mike. Coulter) representing the
development team for the proposed rezoning and the
building prefect. Mr. Rotenberg gave a brief
background on his company.
Mr. Rotenberg and his associates then gave a lengthy
presentation on the reasons Orion 83 Limited
Partnership feels the zoning on the 30.2 acres on the
southeast corner of Joslyn and Waldon Road should be
changed from OP -1 (Office Professional 1) to RM -2
(Residential Multiple 2). The presentation included
maps, slidec of one of their projects in Lapeer, and a
traffic impact study prepared by Barton Aschman
Associate's.
Mr. Rotenberg also submitted letters to Board which had
been sent to each subdivision association which might '
be impacted by the project. Mr. Rotenberg then read a
letter from the City of Lapeer, Department of Public
Safety regarding security at their Lapeer development.
179
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
MEETING, MONDAY, OCTOBER 29, 1990
• • • • ., ,
Mr. Rotenberg also read a letter from the Building
Official, City of Lapeer regarding the Rolling Hills
development. A petition in support of the project was
also presented to the Board. Discussion followed.
Clerk English read a communication* dated October 12,
1990 from the Orion Township Planning Commission
recommending denial of the rezoning. Clerk English
also read a letter* dated October 29, 1990 from B.J.
Griffin, 1870 Hunters Lane, opposing the rezoning.
After further discussion, a Motion was made by
Spearing, supported by Rose to set this matter over
until the November 19, 1990 Regular Meeting. AYES:
Arsen, Skylis, Rose, Spearing, English. NAYS: Hall,
Van Tassel. MOTION CARRIED.
Jill Bastian, 913 Heights Rd., Jim Marleau, 3181
Sandoval, and Carl Banker, 2955 Armstrong spoke in
opposition to the rezoning request.
(3.1080) Moved by English, supported by Rose to set
over Agenda Items 13, 19, 18, 19, and 22 until the
November 19, 1990 Regular Board Meeting. Discussion.
on the Open Meetings Act. AYES: Spearing, Arsen,
Rose, Hall, English. NAYS: Skylis, Van Tassel.
MOTION CARRIED.
15, ZONING BOARD OF APPEALS APPOINTMENT
(3.1973) Clerk English read a memo* dated October 26,
1990 from Supervisor Van Tassel. Moved by Rose,
supported by Arsen to appoint Eric Wilson to a new
three year term on the Zoning Board of Appeals (term
ending October, 1993). AYES: Skylis, Spearing, Arsen,
Rose, Hall, English, Van Tassel. NAYS: None. MOTION
CARRIED.
16. ORION AREA YOUTH ASSISTANCE APPOINTMENT
(3.1555) Clerk English read a communication* dated
October 26, 1990 regarding a recommendation from Ellen
Thomerson, Chairperson for the Board of Directors for
Orion Area Youth Assistance. Moved by English,
' supported by Rose to concur with the appointment of
Joyce Marker to the Board of Directors of Orion Area
Youth Assistance. AYES: Rose, Arsen, Skylis,
Spearing, Hall, English, Van Tassel. NAYS: None.
MOTION CARRIED.
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES ,
REGULAR MEETING, MONDAY, OCTOBER 29, 1990
17, APPROVE 1991 BUDGETS
(3.1635) After discussion, a Motion was made by Hall,
supported by Van Tassel to adopt the General Fund
Budget by activity with amendment to the Community
Development Revenue of an additional $50,000 and a like
$50,000 CDA expenditure for the Senior Center. AYES:
Arsen, Spearing, Hall, Van Tassel. NAYS: Skylis,
Rose, English. MOTION CARRIED.
Moved by Hall, supported by Spearing to approve the
1991 Budgets for the General Capital Improvement Fund,
Fire Fund, Fire Capital Improvement Fund, Police Fund,
and the Safety Path Fund. AYES: Arsen, Spearing, Hall,
Van Tassel. NAYS: Rose, Skylis, English. MOTION
CARRIED.
Moved by Hall,
supported by
Spearing to approve the
1991 Library Debt Service
Fund Budget. AYES:
Spearing, Hall,
Van Tassel.
NAYS: Skylis, Rose,
Arsen, English.
MOTION FAILED
FOR LACK OF A SUFFICIENT
MAJORITY.
Further discussion
followed. The remaining 1991 Budget
,
matters will be
addressed at the November 5, 1990
Special Meeting.
70. RESOLUTION REGARDING PEN
(3.2385) Moved by Hall, supported by English to adopt
a Resolution regarding Property Tax penalty exemption
as follows:
RESOLUTION
WHEREAS, Act No. 88 of the Public Acts of 1983 (amending Section
44 of Act No. 206 of the Public Acts of 1983, as amended by
Act No. 503 of the Public Acts of 1982, being Sections
211.44 of MCL) allows the governing board of a city or
township to authorize the treasurer to add to the property
tax on February 15, a late penalty charge of up to 3% of
such tax
NOW THEREFORE BE IT RESOLVED, that the Orion Township Board does
authorize the Township Treasurer to collect a 1% penalty on
taxes paid between February 15 and February 28 each year
BE IT FURTHER RESOLVED, that the Board waive the 1% late charge '
for senior citizens, paraplegics, and quadriplegics,
eligible servicemen and servicewomen, veteran or surviving
spouse, the totally and permanently disabled, and the blind.
1
1
181
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, OCTOBER 29, 1990
S • fill i I tol
ROLL CALL: AYES: Spearing, Rose, Arsen, Skylis, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
21 REQUEST TO ATTEND TAX COLLECTION CONFERENCE
(3.2950) Moved by English, supported by Rose to
authorize Kim Taylor to attend a "Fundamentals of Tax
Collection" seminar to be held in Ann Arbor on Friday,
November 9, 1990, and to pay the necessary fees and
expenses. AYES: Skylis, Spearing, Arsen, Rose, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
ADDITIONAL ITEMS:
SMART MUNICIPAL CREDITS. (3.2533) Moved by Spearing,
supported by English authorize the Supervisor and Clerk
to sign the SMART Agreements (covering funding for the
Senior Van Program and for bus tickets and charter
service) on behalf of the Township. AYES: Arsen,
Rose, Skylis, Spearing, Hall, English, Van Tassel.
NAYS: None. MOTION CARRIED.
Bonnie Stickney, 731 E. Clarkston Road, addressed the
Board regarding having Board Meetings on cable
television. Ms. Stickney also stated that citizens
have the right under law to comment on agenda items
before a vote is taken.
Supervisor Van Tassel directed Township Attorney, Mike
Packard, to research the Open Meetings Act and to
report to the Board as soon as possible on what the law
specifies and whether Ms. Stickney's comment is
supported by the Open Meetings Act legislation.
Discussion followed.
ADJOURNMENT
Moved by Spearing, supported by Hall to adjourn the
meeting. AYES: All. NAYS: None. MOTION CARRIED.
THE MEETING ADJOURNED AT 11:35 P.M.
Inj5
THIS MEETING IS ON TAPE
*ON FILE IN THE CLERK'S OFFICE
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
182
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES '
* M I N U T E S*
SPECIAL MEETING, MONDAY, NOVEMBER 5, 1990
The Charter Township of Orion Board of Trustees held a
Special Meeting, Monday, November 5, 1990 at 7:00 p.m. at the
Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel Trustee John Arsen
Clerk Marie E. English Trustee John Spearing
Treasurer Suzanne Hall Trustee David Rose
Trustee James Skylis
OTHERS
Susan Galeczka Leon Storm Jerry Letcher
Sandy Greenberg Eleanor Wolf Linda L. Saferian
Jill Bastian Dan Myslakowski Jim Milford
Peter Kemp Leon Harrison Ron Price
Sandra Dyl Nicole Robertson Rosalie Ward
Tim Raymond Carl Cyrowski Carl Cyrowski
Carl Bodker Mike Gerald
MEETING CONVENED AT 7.00 P.M.
1. PLANNING COMMISSION APPOINTMENTS ,
(1.0095) Supervisor Van Tassel made recommendations to
the Board regarding two Planning Commission vacancies.
Moved by Rose, supported by Skylis to confirm the
appointment of Don Bartus to the Orion Township
Planning Commission for a term ending October 1993.
AYES: Spearing, Arsen, Skylis, Rose, Hall, English,
Van Tassel. NAYS: None. MOTION CARRIED.
(1.0175) Moved by Arsen, supported by Hall to confirm
the appointment of Sandra Dyl to the Orion Township
Planning Commission for a three year term ending
October 1993.
Trustee Rose requested this matter be set over to allow
time for further study of the applicants for the
position. Trustee Skylis and Trustee Arsen concurred.
Peter Kemp, Chairman of the Planning Commission,
addressed the Board regarding the need to fill this
vacancy in order to have a full Board which would
expedite Planning Commission business. He requested
the Board confirm Ms. Dyl's appointment at this
meeting. Further discussion followed.
AYES: Spearing, Arsen, Hall, Van Tassel. NAYS:
'
Skylis, Rose, English. MOTION CARRIED. Discussion.
183
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
SPECIAL MEETING. MONDAY, NOVEMBER 5. 1990
2. KOSIK WETLANDS VIOLATION REPORT
(1.0775) Supervisor Van Tassel referred to a report*
from Uldis Vitins of Orchard Hiltz & McCliment
regarding the wetlands violation on property on Lapeer
Road south of the Burger King restaurant. The property
is owned by Mr. Joseph Kosik, JFK Company. Discussion
followed.
Moved by Spearing, supported by Hall to concur with
Consulting Engineers (Orchard, Hiltz & McCliment)
report* of November 2, 1990 and to approve the wetland
restoration construction sequence as outlined with the
understanding that a qualified engineer will be on site
and inspect the work as it is done, with all work and
inspections to be paid for by the property owner.
Michael Gerald, Chairman of the Citizens Advisory
Council for Bald Mountain Recreation Area, referred to
materials which he supplied to the Board regarding this
matter. Mr. Gerald asked that the DNR be consulted
regarding the natural area which is behind the property
in question.
Supervisor Van Tassel stated the report would be
supplied to the Consulting Engineer and the Engineer
would then be in contact with the DNR.
Carl Cyrowski, Realtor,
packets from Mr. Kosik
response to Mr. Kosik's
Township Engineer.
presented the Board with
containing information in
meeting with Uldis Vitins,
Supervisor Van Tassel read a letter* from Joseph F.
Kosik, Jr. dated November 5, 1990 outlining details of
his restoration plans. Supervisor Van Tassel also read
communication* from Mr. Kosik to the Michigan
Department of Transportation in Southfield regarding
the source of drainage water on the property. Further
discussion followed.
The Motion before the Board was amended to read: Moved
by Spearing, supported by Hall to concur with the
Consulting Engineer's (Orchard, Hiltz & McCliment)
letter* of November 2, 1990 and to approve the wetlands
restoration construction sequence as outlined with the
understanding that a qualified engineer will prepare an
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
SPECIAL MEETING, MONDAY, NOVEMBER 5, 1990
KOSIK WETLAND'S VIOLATION cont...
engineering drawing outlining the wetland area and
will be on site and inspect the work as it is done,
with all work and inspections to be paid for by the
property owner. AYES: Arsen, Rose, Spearing, Skylis,
Hall, English, Van Tassel. NAYS: None. MOTION
CARRIED.
Jill Bastian, 913 Heights, commended the Board on their
prompt action in this matter.
3. LIBRARY DEBT SERVICE 1991 BUDGET
(1.2170) Moved by English, supported by Spearing to
adopt the 1991 Library Debt Service Budget as
presented. Discussion. AYES: Rose, Arsen, Spearing,
Skylis, Hall, English, Van Tassel. NAYS: None.
MOTION CARRIED.
4. SGOS vs ORION TOWNSHIP
(1.2265) Tim Patterson, Township Attorney, informed ,
the Board, in a letter* dated October 31, 1990, that a
suit has been filed by SGOS Investments against the
Township regarding the denial of their rezoning request
(PC- 90 -19) for property on Mill Lake Road. The
applicant for the request was Mr. David Zuehlke, a
principal in New Creation Homes.
Booth - Patterson has represented Mr. Zuehlke and New
Creation Homes in the past and, therefore, will not be
representing either the Township or SGOS Investments in
the suit in order to avoid any conflict of interest.
Mr. Patterson has recommended the Township contract
Mr. Phillip Adkison to handle this work. Discussion
followed.
Moved by Spearing, supported by Arsen to engage
Attorney Phillip Adkison to represent the Township in
SGOS Investments vs Orion at a cost of $85 per hour and
to request he attend Township Board meetings as
appropriate to inform the Board about the case.
Discussion. AYES: Skylis, Rose, Arsen, Spearing,
Hall, Van Tassel. NAYS: English. MOTION CARRIED.
1
J
185
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
SPECIAL MEETING, MONDAY, NOVEMBER 5.. 1990
(1.2700) Treasurer Hall requested approval for
additional auditing services for the purpose of
examining the Township's financial reporting
mechanisms with the review to include, but not limited
to the following:
1. Carry forward balances for the 1991 budget year.
2. Audit reversals and their impact on the financial
statements
Road Special Assessment District Accounting
Library Debt Fund
Accounting for payables
Receipting
A Motion was made by Treasurer Hall, supported by
Spearing to retain Grant Thornton, Township Auditors,
specifically Barb Schmidt, for a maximum of eight hours
for purposes as outlined in a memo* from Treasurer Hall
dated November 1, 1990. Lengthy discussion followed
Including the possibility of solving the problem
inhouse. AYES: Spearing, Hall, Van Tassel. NAYS:
Arsen, Rose, Skylis, English. MOTION FAILED FOR LACK
OF SUFFICIENT MAJORITY. Further discussion followed.
Moved by Arsen, supported by Spearing have Township
employees involved with financial matters, specifically
the Bookkeeper, the Accounts Payable Clerk, anyone
dealing with investments, and the three fulltime
officials meet before the next regular Board Meeting
regarding the matters outlined in the Treasurer's memo*
of November 1, 1990 but not limited to those items.
AYES: Rose, Skylis, Spearing, Arsen, English, Van
Tassel. NAYS: Hall. MOTION CARRIED.
6 FIRE SUPPRESSION PERMIT FEES
(1.9007) A recommendation was made by Acting Building
Official, Bud Storm, in a memo* dated November 2, 1990,
to refund partial permit fees for the Fire Suppression
Systems for the Waldon Pond Shopping Center based on
the need for the outside review of the plans for those
systems. Discussion followed.
m
CHARTER TOWNSHIP OF ORION BOARD OF.TRUSTEES MINUTES '
SPECIAL MEETING, MONDAY, NOVEMBER.50 _1990
• :, •�
Moved by Spearing, supported by Arsen that the Township
give credit for the $500 plan review fee paid to Fire
Safety Consultants when charging permit fees to Ann
Arbor Fire Protection for sprinkler system permits.
Discussion. AYES: Rose, Skylis, Arsen, Spearing,
Hall, English, Van Tassel. NAYS: None. MOTION
CARRIED.
Moved by Arsen, supported by Skylis to go to Closed
Session to discuss pending litigation in the case of
IGA -Mound Steel vs Midwest Insurance. AYES: Spearing,
Rose, Skylis, Arsen, Hall, English, Van Tassel. NAYS:
None. MOTION CARRIED.
------------------------------------ ------------ ----- ------ - - - - --
A CLOSED SESSION OF THE ORION TOWNSHIP
BOARD WAS HELD AT
8:15 P.M. THE REGULAR MEETING
RECONVENED AT
8:40 P.M.
---------------------------------------------------------
Trustee Arsen requested
the matter of
IGA -Mound Steel
vs Midwest Insurance be
placed on the
agenda of the
November 19, 1990 Regular
Board Meeting.
Moved by English, supported by Spearing to adjourn the
meeting. AYES: All. NAYS: None. MOTION CARRIED.
The meeting adjourned at 8:41 p.m.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
mjs
*On file in the Clerk's office.
THIS MEETING IS ON TAPE.
Fj
187
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
* M I N U T E S*
REGULAR MEETING, MONDAY, NOVEMBER 19, 1990
The Charter Township of Orion Board of Trustees held a
Regular Meeting, Monday, November 19, 1990 at 7:00 p.m. at the
Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan
48361.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
Clerk Marie E. English
Treasurer Suzanne Hall
ABSENT: Trustee John Spearing
OTHERS
Susan Galeczka
Jill Bastian
Beatrice Robertson
Sgt. Kim Rossman
Linda Saferian
Leon Storm
Bonnie Stickney
Eugene McNabb
Lenore Cavanagh
B.J. Griffin
George Perry
Michelle Thomas
Mary Ann Ryan
Arthur Des Rosiers
John Scharfenkamp
Milton Rotenberg
Parvin Lee
Bill McMillin
Gracie Langford
Mark Vagi
Mike Pudists
Noah Lambert
Eleanor Wolf
Louise McNabb
Sandra Dyl
James Milford
Doris Perry
David Thomas
Jim Allen
Elaine Pantak
Rosalie Ward
Clarence Moore
MEETING CONVENED AT 7.00
PRESENTATION BY CUB SCOUT PACK #128
Trustee John Arsen
Trustee David Rose
Trustee James Skylis
Jerry Letcher
Leon Harrison
James Langford
Nicole Robertson
Ruth Pudists
Sara Bingham
Ken Van Portfliet
Mary Cavanagh
Richard Rusnell
Clifton King
Lillian Hutchison
Richard M. White
Richard Eriksen
Carl Cyrowski
M. Burton - Ristau
Ronald Price
(1.0010) Cub Scout Pack #128, Den 1, lead by Bill
McMillin, recited the Boy Scout Promise. Pack #128
also participated in the Pledge of Allegiance which was
led by Trustee Skylis. The Meditation was then given
by Clerk English. The Cub Scouts then presented a
Certificate of Charter to the Board which will be
displayed in the Township Hall.
1 MINUTES
A. MINUTES OF REGULAR MLETIN0. (1.0175) Moved by
Hall, supported by Arsen to approve the Minutes of the
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAY NOVEMBER 19, 1990
MINUTES cont...
Regular Meeting of October 29, 1990 as submitted.
AYES: All. NAYS: None. ABSENT: Spearing. MOTION
CARRIED.
B. MINUTES OF SPECIAL MEETING. (1.0220) Moved by
Hall, supported by Rose to approve the minutes of the
Special Meeting of November 5, 1990 as submitted.
AYES: All. NAYS: None. ABSENT: Spearing. MOTION
CARRIED.
C. MINUTES OF JOINT MEETING. (1.0254) After
discussion a Motion was made by Arsen, supported by
Rose to approve the Minutes of the Joint Informational
Meeting held April 9,1990 between the Zoning Board of
Appeals and the Township Board as submitted. AYES:
All. NAYS: None. ABSENT: Spearing. MOTION CARRIED.
(1.0390) Discussion on the following bills:
I
Page 1, Booth Patterson, Attorney Fees.
Page 2, OCRC - Tri -Party funds, gravel
Page 3, Vilican- Leman, DNR land swap, planning fees.
Eric McCann, Attorney Fees.
Moved by Arsen, supported by Rose to approve the bills
for payment as follows:
General
$ 37,771.28
Fire
3,736.38
Water
1,076.20
Sewer
1,051.19
Police
1,367.40
TOTAL
$ 45,002.45
Moved by Hall, supported by Rose to approve the bills
for payment as submitted. AYES: Arsen, Skylis, Rose,
Hall, English, Van Tassel. NAYS: None. ABSENT:
Spearing. MOTION CARRIED.
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, NOVEMBER 19, 1990
3. ATTORNEY MATTERS
A. UPDATE RE: OAKLAND COUNTY BOARD OF COMMISSIONERS vs
ORION. (1.1020) Upon recommendation of the Attorney,
the Consensus of the Board was to address this item at
the end of the Agenda.
B. GREAT MIDWEST vs ORION (IGA CASE). (1.1075) Parvin
Lee, Township Attorney, made recommendation in the two
elements of this case. In the first element, the matter
of mediation as outlined in a letter* dated
November 9, 1990 from Leon Jukowski of Eric McCann's
office, Mr. Lee recommended the item be tabled until
the December 3, 1990 meeting.
Mr. Lee also recommended commencing action against the
insurance company to put them on notice as to the
mediation award* and to ask them to advise the Board
' prior to the December 3, 1990 meeting as to their
wishes with regard to accepting or rejecting the
mediation award in order to meet the 28 day time limit
for action on that award. Discussion.
Parvin Lee also discussed the second element of this
item which concerns the question of insurance coverage
as it relates to Great Midwest vs Orion (IGA case). In
the opinion of Haig Neville, risk management
consultant, the denial of coverage in the lawsuit both
as to the defense offered and any ultimate award that
'
comes from the case were improperly denied by the
insurance company. Discussion.
Mr. Lee concurred with Mr. Neville's recommendation
that the Township start suit against the insurance
company for Declaratory Judgment. Mr. Lee requested
the Board authorize the action to include approval to
bring Declaratory Judgment action and, in that action,
the Township would be entitled to an opinion of the
Court directing the insurance company to pay any
Judgment rendered against the Township, if any, in that
lawsuit; but, also, directing the insurance company to
pay defense costs, over and above the deductible, which
have been paid to date. In addition, if the court
finds coverage is not afforded by this policy, that
they then permit the Township to bring action against
the insurance agency selling the policy on the basis
that their Errors and Omissions policy should cover
their failure to advise the Township that this kind of
liability was not covered by the policy which was sold
to the Township. Lengthy discussion followed.
Mr. Lee also recommended commencing action against the
insurance company to put them on notice as to the
mediation award* and to ask them to advise the Board
' prior to the December 3, 1990 meeting as to their
wishes with regard to accepting or rejecting the
mediation award in order to meet the 28 day time limit
for action on that award. Discussion.
1 • M
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING. MONDAY, NOVEMBER 19. 1990
ATTORNEY MATTERS cont...
Moved by Rose, supported by Skylis to authorize the
Township Attorney to bring an action of Declaratory
Judgment against the insurance carriers of the Township
during the year 1988 for payment of defense and any
legal obligation in the Mound Steel vs IGA lawsuit.
Discussion. AYES: Arsen, Rose, Skylis, Hall, English,
Van Tassel. NAYS: None. ABSENT: Spearing. MOTION
CARRIED.
C. TRANSFER OF CASES TO BOOTH PATTERSON. (1.2278)
After discussion, a Motion was made by Arsen, supported
by Skylis to transfer all legal cases from Eric McCann,
PC, to Booth Patterson, et al, unless Booth Patterson
decides a case should remain with Mr. McCann. Further
discussion followed. AYES: Rose, Skylis, Arsen, Hall,
English, Van Tassel. NAYS: None. ABSENT: Spearing.
MOTION CARRIED.
4. ASSESSING DEPARTMENT MATTERS
5. BUILDING DEPARTMENT MATTERS
A. SET CONDEMNATION HEARING FOR 1030 S. LAPEER RD.
'
(1.2577) Clerk English read a memo* dated November 13,
1990 from Howard Storm, Acting Building Official,
recommending the Township schedule a Public Hearing for
PC -90 -6 (Boron Station) due to the failure of Anthony
Rea and Charles Schultz, buyer and seller of the
property, to comply with the Hearing Officer's order
given at the Condemnation Hearing held September 12,
1990.
Moved by Arsen, supported by Rose to set a Condemnation
Public Hearing for 1030 S. Lapeer Road for 8:00 p.m.,
December 3, 1990. Discussion. AYES: Skylis, Rose,
Arsen, Hall, English, Van Tassel. NAYS: None.
ABSENT: Spearing. MOTION CARRIED.
(1.2765) Trustee Skylis has been in contact with Ted
Cole of the Village of Lake Orion regarding the
continuation of Fire Dispatch and related services. He ,
recommended a committee be formed to meet with the
191
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, NOVEMBER 19, 1990
FIRE DEPT. MATTERS cont...
Village officials to resolve the matter. After
discussion it was the Consensus of the Board to have
Trustee Rose, Trustee Skylis, Supervisor Van Tassel,
Fire Chief Jeff Key, and Sgt. Kim Rossman, OCSD, meet
with the Village officials.
8. PARK AND RECREATION MATTERS
A. SAFETY PATH REPORT. (1.3080) Mark Vagi, Director
of Parks and Recreation, addressed the Board regarding
Safety Path Committee recommendations outlined in his
memo* dated November 16, 1990 for relocation of stop
signs which cross the Clarkston Road Safety Path at
Merritt, Alan, and Pontiac and, also, installation of a
guardrail which is needed at the corner of Pine Tee and
Clarkston Roads. These matters have been referred to
the Oakland County Road Commission.
The Safety Path Committee would also like to proceed
with the next safety path project and requested the
Board schedule a "walkover" with the Township Engineers
of the following locations which are under
consideration:
1. Conklin, north of Miller
2. East side of M -29, north of Clarkston
3. Pine Tree, from Clarkston to Heights, then west on
Heights.
Moved by Hall, supported by Rose to authorize the
Township Engineer to participate in the future safety
path location walkovers. Discussion on future
construction plans followed. AYES: Arsen, Skylis,
Rose, Hall, English, Van Tassel. NAYS: None. ABSENT:
Spearing. MOTION CARRIED.
B. PARKING LOT LIGHTING BID. (1.3685) Township
Attorney, Parvin Lee answered questions from the Board
regarding the failure of Qualite Sports Lighting to
qualify for their bid for the installation of parking
lot lighting as awarded by the Board in the summer of
1990. Discussion followed. Qualite will be sent a
' registered letter indicating they have until November
21, 1990 to accept the award of the bid and sign the
necessary documents.
192
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING MONDAYS NOVEMBER 19, 1990
PARKS AND RECREATION MATTERS cont...
Upon recommendation of the Township Engineers, Orchard,
Hiltz 6 McCliment, and the Township Attorney, Parvin
Lee, a Motion was made by English, supported by Rose to
authorize awarding the parking lot lighting bid to
Einstein Electric in the amount of $13,528 in the event
Qualite falls to respond as requested by 3:00 p.m.,
Wednesday, November 21, 1990 and, that if that should
happen, that Qualite's bid bond be redeemed and the
funds be used to pay the difference in the bids between
Qualite and Einstein Electric. AYES: Skylis, Arsen,
Rose, Hall, English, Van Tassel. NAYS: None. ABSENT:
Spearing. MOTION CARRIED.
C. REQUEST FOR TUITION REIMBURSEMENT. (1.9220) Clerk
English read a memo* dated November 19, 1990 from
Reenae Vail, Director of Hall Maintenance. Moved by
English, supported by Rose to authorize tuition
reimbursement for Reenae Vail upon successful
completion of courses titled "Hard Structures" and
"Advanced Land Planning" given at Oakland County ,
Community College at a cost of $297. AYES: Arsen,
Skylis, Rose, Hall, English, Van Tassel. NAYS: None.
ABSENT: Spearing. MOTION CARRIED.
-----------------------------------------------------------------
THE TOWNSHIP BOARD TEMPORARILY RECESSED AT 8:00 P.M. TO HOLD A
CONDEMNATION PUBLIC HEARING REGARDING 1655 BROWN RD. THE PUBLIC
HEARING WAS DECLARED HELD AT 8:38 P.M.
--------------------------------------------- ----- -------- - - - - --
ACTION RESULTING FROM PUBLIC HEARING - 1655 BROWN RD
After further discussion, a Motion was made by Hall,
supported by Arsen to confirm the findings of the
Hearing Office, to give Mr. Kloss, property owner,
until December 3, 1990 to pull the necessary permits
and to begin work, with the clean up of the site and
the two burned buildings to be completed by December
17, 1990. Discussion followed.
Upon recommendation of Township Attorney, Parvin Lee,
the Motion before the Board was amended to read:
Moved by Hall, supported by Arsen to confirm the
findings of the Hearing Officer and to adopt the ,
Hearing Officer's report* dated October 29, 1990 with
modifications giving Mr. Kloss, property owner, until
193
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, NOVEMBER 19, 1990
ACTION ON 1655 -BROWN RD. cant...
December 3, 1990 to pull the necessary permits and to
begin work, with the clean up of the site and the two
burned buildings to be completed by December 17, 1990.
Further discussion followed. Supervisor Van Tassel
stated that if the demolition has to be bid out by the
Township, Mr. Kloss will be responsible for all costs.
AYES:
Rose,
Skylis,
Arsen, Hall,
English, Van Tassel.
NAYS:
---------------------------------------------
None.
ABSENT:
Spearing.
MOTION CARRIED.
---- ------- -- - -- ---
THE TOWNSHIP BOARD TEMPORARILY RECESSED AT 8:40 P.M. TO HOLD A
CONDEMNATION PUBLIC HEARING FOR 453 HEIGHTS ROAD. THE PUBLIC
HEARING WAS DECLARED HELD AT 9:00 P.M.
----------------------------------- --- --------------------- - - - - --
ACTION RESULTING FROM PUBLIC HEARING - 453 HEIGHTS RD
After further discussion a Motion was made by English,
' supported by Rose to table action on this matter until
the December 3, 1990 Regular Board Meeting conditioned
upon the report of Richard White, Director of DPW,
regarding sewer availability and any new information
from Mr. Garrett. AYES: Skylis, Arsen, Rose, Hall,
English, Van Tassel. NAYS: None. ABSENT: Spearing.
MOTION CARRIED.
----------------------------------------------------------------
The Township Board temporarily recessed from 9:00 p.m. until
9:12 p.m.
----------------------------------------------------------- - - - - --
9. POLICE MATTERS
REQUEST TO PURCHASE SHREDDING MACHINE. (1.4385)
Sgt. Kim Rossman answered questions from the Board
regarding his request to purchase a shredder for the
Substation to be used in conjunction with the LIEN
computer terminal. Moved by Skylis, supported by Rose
to authorize the purchase of an Olympia 2201 paper
shredder at a cost of $695 from Oakland Office Supply.
Discussion followed. AYES: Arsen, Rose, Skylis, Hall,
English, Van Tassel. NAYS: None. ABSENT: Spearing.
' MOTION CARRIED.
194
CHARTER TOWNSHIP OF ORE M BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAYi NOVEMBER 19 19901
10 CITIZENS ADDRESSED BOARD REGARDING JUDAH ROAD
(1.9575) Eugene and Louise McNabb, 2981 Judah Road,
addressed the Board regarding graveling on Judah Road
which was done on October 11, 1990. The McNabbs felt
the road surface was improperly prepared before the
gravel was applied. The condition of the road
deteriorated within two weeks of the application of the
gravel and is very poor at the present time. The
Oakland Road County has not responded to the McNabb's
complaints and they requested the Board investigate the
situation and find out if specifications were followed
by Tri -City when they applied the gravel.
Supervisor Van Tassel offered Mrs. McNabb the names and
phone numbers of people to contact at Oakland County.
The Supervisor will also alert the County to the
problem and take the matter up with Loren Yaros,
Superintendent of the Lake Orion garage. Discussion
followed.
11 SPECIAL ASSESSMENT FOR PAVING PASADENA
(2.0001) Richard Rusnell, 3935 Pasadena, addressed the ,
Board regarding a petition which was received
containing the signatures of 60 percent of the
residents of Pasadena Street requesting the Board
establish a Special Assessment District for the purpose
of paving.
Supervisor Van Tassel outlined the procedure to be
followed in establishing a Special Assessment District.
Moved by English, supported by Rose to receive and file
the petition* requesting a Special Assessment District
for paving Pasadena. AYES: All. NAYS: None. ABSENT:
Spearing. MOTION CARRIED.
Moved by English, supported by Rose to authorize the
Township Engineer to prepare a preliminary plan and
cost estimate for paving Pasadena. Discussion
followed. AYES: Skylis, Arsen, Rose, Hall, English,
Van Tassel. NAYS: None. ABSENT: Spearing. MOTION
CARRIED.
12 POLICY STATEMENT REGARDING PUBLIC COMMENT
(2.0275) Clerk English read communications* from the '
following citizens opposing the proposed public comment
policy *:
195
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, NOVEMBER 19, 1990
PUBLIC COMMENT POLICY cont...
Jim Qualls, 3642 Hi -Villa
Winifred Brinkmann, 1062 Abseguami
Mary MacMaster, 3539 Capaldi Circle
James Marleau, Keatington Cedar Homeowners
Sandra Greenberg, 244 Goldengate
Rosalie Ward, 1592 Indianwood
Eleanor Wolf, 835 E. Clarkston Road
Clerk English was opposed to the public comment policy
as written and requested that she be allowed to draft a
more comprehensive public comment policy to be
presented at a future meeting. The policy would be
based on information in "Managing the Modern Michigan
Township" by Kenneth VerBurg. Discussion followed.
Clerk English then read the proposed public comment
policy which would allow the public a limited time to
speak on any subject of concern at the beginning and
end of the meeting only. Citizens could file a written
request to be on the Board agenda indicating their
topic of concern.
The following citizens also addressed the Board in
opposition to the proposed policy as written:
Bonnie Stickney, 731 E. Clarkston Rd.
Jim Allen, 994 Abseguami Tr.
Clif King, 1130 Bald Mountain Rd.
Jim Langford, 815 Markdale
Jill Bastian, 913 Heights Rd.
Eleanor Wolf, 835 E. Clarkston Rd.
Linda Saferian, 656 Knollwood Dr.
Leon Harrison, 746 E. Silverbell
Jerry Letcher, 84 Goldengate
Mike Pudists, 310 Pinnacle Dr.
After further discussion including discussion on the
length of the agenda, the Consensus of the Board was to
ask the Clerk to draft rules and regulations for
Township Board meetings based on information in
"Managing the Modern Michigan Township" for
consideration at the next meeting. Trustee Arsen asked
the material referred to be made available at the next
meeting for review.
196
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAY, NOVEMBER 19, 1990
Due to the length of the meeting, Items 13, 17, 18, 19,
20, 21 may be held over to the next meeting. Eleanor
Wolf, 835 E. Clarkston Rd, requested the Board address
Item 13 regarding rezoning delays.
---------------------------------------------------------- - - - - --
Moved by Skylis, supported by Rose to extend the
Meeting until 11:00 p.m. and then to adjourn the
meeting. AYES: Arsen, Rose, Skylis, Hall, English.
NAYS: Van Tassel. ABSENT: Spearing. MOTION CARRIED.
----------------------------------------------------------- - - - - --
14, REZONING REQUEST - KEATINGTON RACQUETBALL CLUB
(2.4320) Clerk English read a memo* from the Orion
Township Planning Commission regarding PC- 90 -45, the
Keatington Racquetball Club rezoning request. Moved by
English, supported by Hall to concur with the Planning
Commission recommendation and to rezone the property
known as the Keatington Racquetball Club from REC -1
(Recreation 1) to OP -1 (Office and Professional 1).
AYES: Rose, Skylis, Arsen, Hall, English, Van Tassel. '
NAYS: None. ABSENT: Spearing. MOTION CARRIED.
15. REZONING REQUEST ORION 83 LIMITED, PETITIONER
(2.4511) Milton Rotenberg, representing Orion 83
Limited Partnership, requested this matter be continued
until the next meeting when a full Board could render
an opinion. Moved by English, supported by Rose to
table action on this Item at the petitioner's request
until there is a full seven member board. AYES:
Skylis, Arsen, Rose, Hall, English, Van Tassel. NAYS:
None. ABSENT: Spearing. MOTION CARRIED.
16. GOODFELLOWS PAPER SALE
(2.4660) Moved by Rose, supported by Skylis to approve
the sale of Goodfellow papers for the Lions Club and
the Township Firefighters for December 7 -8, 1990 from 6
a.m. to 6 p.m. AYES: Arsen, Skylis, Rose, Hall,
English, Van Tassel. NAYS: None. ABSENT: Spearing.
MOTION CARRIED.
197
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, NOVEMBER 19, 1990
20. RESOLUTION: BUYING RECYCLED MATERIALS
(2.4800) Supervisor referred to a proposed Resolution*
regarding a purchasing procedure for the Township which
would actively promote the purchase of supplies,
materials and equipment made with recycled materials
when feasible. Discussion on current buying procedures
and the costs involved in buying recycled products.
Jerry Letcher, 84 Goldengate, addressed the Board
regarding the cost of recycled paper.
The Consensus of the Board was to set this matter over
to the next meeting.
21. CONSIDER CDA ALLOCATION
(2.5276) Moved by Hall, supported by English to
approve the CDA funds allocation outlined in the memo*
of November 15, 1990 as follows:
' Nutrition Aide $ 10,500
Home Chore 2,500
Senior Center Renovation 53,200
Total $ 66,200
AYES: Rose, Arsen, Skylis, Hall, English, Van Tassel.
NAYS: None. ABSENT: Spearing. MOTION CARRIED.
22. _REQUEST FOR ROAD ABANDONMENT
(2.5385) Supervisor Van Tassel read a memo* dated
November 19, 1990 from Richard White, Director of
Public Works, regarding the abandonment of Island Point
Drive. Mr. White recommended the Board not approve
abandonment of Island Point because the Township Sewer
Department has a sanitary sewer and easement located in
the portion of Island Point which is being requested to
be abandoned. Mr. White recommended the easement be
accessible at all times for maintenance purposes.
Moved by English, supported by Rose to concur with the
Director of Public Works, and forward his comments and
the Township Board's support of those comments to the
Oakland County Road Commission. AYES: Skylis, Arsen,
' Rose, Hall, English, Van Tassel. NAYS: None. ABSENT:
Spearing. MOTION CARRIED.
• •
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAY, NOVEMBER 19, 1990
CONSIDER ROAD ABANDONMENT cont...
The Item regarding the abandonment of Greenshield Road
was not addressed at this time so that more information
could be obtained.
ADDITIONAL COMMENT:
Jerry Letcher, 84 Goldengate, protested the Board delay
on Item 13, Policy Statement Regarding Rezoning Delays.
He also requested the Board vote on the Skalnek and
Milosch rezoning requests at the next Board meeting.
25. REQUEST FOR "NO PASSING ZONE" ON BALDWIN ROAD
(2.5802) A petition* was received from several
residents requesting that the remaining 800 feet of
Baldwin Road, south of Clarkston Road to the first rise
In the road, be defined as a "No Passing Zone" for
safety reasons. Moved by Rose, supported by Skylis to
concur with the request from the Baldwin Road residents '
and to support the "No Passing Zone" on Baldwin south
of Clarkston Road. AYES: Arsen, Skylis, Rose, Hall,
English, Van Tassel. NAYS: None. ABSENT: Spearing.
MOTION CARRIED.
(2.5835) Moved by Skylis, supported by Rose to go to Closed
Session for the purpose of discussing pending litigation in the
case of Orion vs the Oakland County Board of Commissioners.
AYES: Arsen, Skylis, Rose, Hall, English, Van Tassel. NAYS:
None. ABSENT: Spearing. MOTION CARRIED.
Bonnie Stickney, 731 E. Clarkston Rd., questioned whether the
Board would conduct any more business after the Closed Session.
A CLOSED SESSION OF THE TOWNSHIP BOARD WAS HELD AT 11:00 P.M.
THE REGULAR BOARD MEETING RECONVENED AT 11:58 P.M.
1
199
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING MONDAY, NOVEMBER 19, 1990
ADJOURNMENT
Moved by Hall, supported by Skylis to adjourn the
meeting. AYES: All. NAYS: None. ABSENT: Spearing.
MOTION CARRIED.
THE MEETING ADJOURNED AT 11:59 P.M.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
mjs
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 -1655 BROWN RD.
MONDAY, NOVEMBER 19, 1990
The Charter Township of Orion Board of Trustees held a
Public Hearing, Monday, November 19, 1990 at 8 p.m. at the Orion
Township Hall, 2525 Joslyn Road, Lake Orion, Michigan 48361.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
Clerk Marie E. English
Treasurer Suzanne Hall
ABSENT: Trustee John Spearing
OTHERS:
Susan Galeczka
Jill Bastian
Beatrice Robertson
Sgt. Kim Rossman
Linda Saferian
Leon Storm
Bonnie Stickney
Eugene McNabb
Lenore Cavanagh
B.J. Griffin
George Perry
Michelle Thomas
Mary Ann Ryan
Arthur Des Rosiers
John Scharfenkamp
Milton Rotenberg
Parvin Lee
Bill McMillan
Gracie Langford
Mark Vagi
Mike Pudists
Noah Lambert
Eleanor Wolf
Louise McNabb
Sandra Dyl
James Milford
Doris Perry
David Thomas
Jim Allen
Elaine Pantak
Rosalie Ward
Clarence Moore
Trustee John Arsen
Trustee David Rose
Trustee James Skylis
Jerry Letcher
Leon Harrison
James Langford
Nicole Robertson
Ruth Pudists
Sara Bingham
Ken Van Portfliet
Mary Cavanagh
Richard Rusnell
Clifton King
Lillian Hutchison
Richard M. White
Richard Eriksen
Carl Cyrowski
M. Burton - Ristau
Ronald Price
200
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
CONDEMNATION PUBLIC HEARING, MONDAY, NOVEMBER 19, 1990
PUBLIC HEARING CONVENED AT 8:00 P.M.
Supervisor Van Tassel introduced Howard "Bud" Storm,
Acting Building Official.
Mr. Storm gave a brief background on the property at
1655 Brown. After a fire in April 1990, the property
was inspected on August 31, 1990. It was found by the
former Building Official, Glenn Bartoni, that the
building should be condemned. A condemnation meeting
was held and it was determined that the structure
should be demolished by October 12, 1990. On October
17, 1990, Mr. Alfred Kloss, owner, contacted the
Building Department stating that he had not been able
to tear down the structure by October 12 because he had
not received utility shut -offs on the building.
October 29, 1990, Mr. Kloss had still not complied with
the hearing officer's order.
Mr. Storm inspected the property today, November 19,
1990 and found the condition of the property had not
changed. ,
Mr. Kloss stated he requested a delay in the demolition
of the building at the original hearing. He felt that
because the property is industrial and going to be
developed, all the buildings will eventually come down
anyway. He felt the property, because of its location,
Is only accessible to trespassers and vandals.
Mr. Kloss stated he had no insurance and has suffered a
financial loss on the property on which a both the
house and a barn were burned. He requested the Board
delay condemnation until the development of the
property proceeds. Mr. Kloss would also like a chance
to recycle some of the materials in the building. He
also questioned how a citizen could protect his
property.
Mr. Kloss stated no one had been living in the house
but the windows were intact and the house had been
scraped and painted before the fire. Discussion
followed.
Trustee Arsen expressed concern about the condition of
the roof.
Mr. Kloss felt the roof was safe.
201
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
CONDEMNATION PUBLIC HEARING, MONDAY, NOVEMBER 19, 1990
Cont.
Trustee Rose questioned when Mr. Kloss would start
development of the property. He also questioned the
liability to the Township if someone was hurt in the
building.
Mr. Kloss stated development could occur in Spring
1991.
Supervisor Van Tassel read from the minutes* of the
September 12, 1990 Condemnation Hearing. She
questioned whether the property will be developed in
the near future. Supervisor Van Tassel expressed
concern about the possibility of any future fires on
the property being a danger to occupied structures.
She felt the owner has been given enough time to make
arrangements.
Mr. Kloss stated the property is under option and he
does not have an exact timetable for development. He
' would prefer to have the costs involved in tearing down
the property included in future site development. Mr.
Kloss also did not feel the house, being 400 feet from
the nearest structure, was a danger to other property.
Clerk English expressed concern about the Township's
liability if the situation was allowed to continue.
Parvin Lee, Township Attorney, stated the Township
could be open to lawsuits if the structure is left
standing.
Mr. Kloss again stated he would like the opportunity to
recycle the materials that can be saved and bulldoze
the rest. He objected to having to complete the work
In the next two weeks.
Supervisor Van Tassel expressed concern about the fact
that 60 days have passed since the Condemnation Hearing
and no action has been taken by Mr. Kloss. She did not
want the site to be left in its current condition until
development occurs.
Mr. Kloss offered to start recycling the building
materials in the next 30 days and to have the project
' finished in the next 90 days. Discussion followed.
Treasurer Hall questioned whether the property had been
registered with the Township under the Trespass
Ordinance.
202
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
CONDEMNATION PUBLIC HEARING, MONDAY, NOVEMBER 19, 1990
The property had not been registered with the Township.
Further discussion followed.
Trustee Skylis and Trustee Arsen felt that Mr. Kloss
has been given enough time to comply with the order of
the Hearing Officer.
Clerk English referred to Ordinance #89 regarding
unsafe structures in stating that the Board "shall
approve, disapprove, or modify the order of the Hearing
Officer for the demolition or making safe of the
dwelling, building, or structure ".
Eleanor Wolf, 835 E. Clarkston Rd., questioned the use
of scarce police protection to protect this type of
building over such a long period of time.
Jim Allen, 999 Abseguami Tr., stated he could
understand the positions of Mr. Kloss and the Township.
He felt a compromise allowing Mr. Kloss another 90 days
would be fair.
Discussion followed on an appropriate amount of time to
allow Mr. Kloss to begin recycling - to include a start
date and a completion date.
This hearing concerned all structures on the property.
Supervisor Van Tassel asked if anyone else wished to
speak at the Condemnation Hearing regarding 1655
Brown Rd. No further comments were received.
-----------------------------------------------------------------
PUBLIC HEARING WAS DECLARED HELD AT 8:38 P.M.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
mjs
THIS MEETING IS ON TAPE.
1
203
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
* M I N U T E S*
CONDEMNATION PUBLIC HEARING -453 HEIGHTS RD.
MONDAY, NOVEMBER 19, 1990
The Charter Township of Orion Board of Trustees held a
Public Hearing, Monday, November 19, 1990 at 8:40 p.m. at the
Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan
48361.
u
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
Clerk Marie E. Enq_lish
Treasurer Suzanne Hall
ABSENT: Trustee John Spearing
OTHERS:
Susan Galeczka
Jill Bastian
Beatrice Robertson
Sgt. Kim Rossman
Linda Saferian
Leon Storm
Bonnie Stickney
Eugene McNabb
Lenore Cavanagh
B.J. Griffin
Georqe Perry
Michelle Thomas
Mary Ann Ryan
Arthur Des Rosiers
John Scharfenkamp
Milton Rotenberq
Parvin Lee
Bill McMillan
Gracie Langford
Mark Vagi
Mike Pudists
Noah Lambert
Eleanor Wolf
Louise McNabb
Sandra Dyl
James Milford
Doris Perry
David Thomas
Jim Allen
Elaine Pantak
Rosalie Ward
Clarence Moore
Trustee John Arsen
Trustee David Rose
Trustee James Skylis
PUBLIC HEARING CONVENED AT 8:40 P.M.
Jerry Letcher
Leon Harrison
James Langford
Nicole Robertson
Ruth Pudists
Sara Bingham
Ken Van Portfliet
Mary Cavanagh
Richard Rusnell
Clifton King
Lillian Hutchison
Richard M. White
Richard Eriksen
Carl Cyrowski
M. Burton - Ristau
Ronald Price
Supervisor Van Tassel introduced Howard "Bud" Storm,
Acting Building Official, who gave background on the
case. A Condemnation Hearing was held October 12,
1990. The property in question, located at 453 Heiqhts
Road, is nonconforming and the owner, Timothy Garrett,
was qiven 15 days to make the buildinq safe and to
apply for a variance from the Zoninq Board of Appeals
to rehabilitate the house. The owner has not made
application to the ZBA at this time.
Mr. Storm stated he visited the site today and the
structure was boarded up.
Timothy Garrett requested the Board allow him
WE
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
CONDEMNATION PUBLIC HEARING, MONDAY, NOVEMBER 19, 1990
Cont.
until April 1991 to rehabilitate the property which he
understands is nonconforminq in several ways. He
stated he could not get drawings done in the two weeks
which he was allowed. Mr. Garrett has been working on
possible solutions before he qoes to the ZBA. He also
feels the property is now safe because it has been
boarded up.
Trustee Skylis questioned how long Mr. Garrett has
awned the property.
Mr. Garrett has owned the house since 1986 and it has
been vacant since 1989. The lot measures 40' x 80' and
is entirely on a hill. There is also a shed on the
lot. Discussion followed regarding the septic system
requirements.
Mr. Garrett did not have any plans ready to show the
Board at this Hearing. He again requested an extension
of time to try to meet requirements or, if he could not
meet requirements, he would pull a permit and demolish
the structure himself.
Trustee Rose questioned whether Mr. Garrett could hook:
up to the sewer system. Further discussion followed on
how Mr. Garrett cc-old meet septic permit requirements.
Jim Allen, 994 Abseguami Tr., commented that February
1, 1991 is a realistic date for Mr. Garrett to present
plans for rehabilitating the house.
Supervisor Van Tassel asked if anyone else wished to
speak at the Condemnation Hearinq reqarding 453 Heights
Rd. No further comments were received.
PUBLIC HEARING WAS DECLARED HELD AT 9:00 P.M.
Respectfully submitted,
Marie E. English, Clerk:
CHARTER TOWNSHIP OF ORION
mjs
THIS MEETING IS ON TAPE.
*On file in the Clerk's office.
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205
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
* M I N U T E S
REGULAR MEETING, MONDAY, DECEMBER 3, 1990
The Charter Township of Orion Board of Trustees held a
Regular Meeting, Monday, December 3, 1990 at 7:00 p.m. at the
Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan.
ir]
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
Clerk Marie E. English
Treasurer Suzanne Hall
OTHERS:
Susan Galeczka
Rodger Apple
Gracie Langford
Don Bartus
Bud Storm
Rosalie Ward
Larry Garon
James Milford
Judy Price
Diane Dodt
John Scharfenkamp
Tim Patterson
Cathy Apple
Jim Langford
Eleanor Wolf
Sandy Dyl
Jerry Letcher
Jim Williams
Elaine Pantak
Jim Skiba
Clifton King
Peggy Kamin
MEETING CONVENED AT 7:00 P.M.
Trustee John Arsen
Trustee John Spearing
Trustee David Rose
Trustee James Skylis
Leon Storm
Deborah Wilson
Ron Price
Bonnie Stickney
M. Burton - Ristau
Jill Bastian
Richard M. White
Jack Carnahan
Bobett Gibbs
Jim Allen
Dawn Hoover
The Pledge of Allegiance was led by Trustee Spearing,
and the Meditation was given by Treasurer Hall.
A. MINUTES OF REGULAR MEETING. (1.0125) Moved by
Hall, supported by Spearing to approve the Minutes of
the Regular Meeting of Monday, November 19, 1990 as
submitted. AYES: All. NAYS: None. MOTION CARRIED.
B. MINUTES OF CONDEMNATION PUBLIC HEARING - 1655 BROWN
ROAD. (1.0190) Moved by Hall, supported by Rose to
approve the Minutes of the Condemnation Public Hearing
regarding 1655 Brown Road as submitted. AYES: All.
NAYS: None. MOTION CARRIED.
C. MINUTES OF CONDEMNATION PUBLIC HEARING - 953
HEIGHTS ROAD. (1.0230) Moved by Hall, supported by
Arsen to approve the Minutes of the Condemnation Public
Hearing regarding 953 Heights Road as submitted. AYES:
All. NAYS: None. MOTION CARRIED.
206
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING MONDAY, DECEMBER 3 1990
(1.0270) Discussion of the following bills:
Page 1, Appraisal Research
Booth, Patterson, Attorney Bills
Page 2, Advantage Systems, Software Maintenance
Moved by Arsen, supported Rose by to approve the bills
for payment as follows:
General
$ 59,909.22
Fire
1,426.35
Water
175.40
Sewer
350.43
Other
12.039.35
TOTAL
$ 73,900.75
AYES: Skylis, Spearing, Rose, Arsen, Hall, English,
Van Tassel. NAYS: None. MOTION CARRIED. '
OAKLAND COUNTY BILLS - TRAFFIC CONTROL DEVICES.
(1.0610) Clerk English referred to her memo* of
November 26, 1990 requesting Board approval for payment
of Oakland County Road Commission bills for traffic
control devices. Lengthy discussion occurred including
discussion on overhead charges which are included in
the bill.
Supervisor Van Tassel referred to her memo* dated
December 3, 1990 containing information provided to the
Board from Parvin Lee, Township Attorney, and the
Oakland County Road Commission regarding this matter.
Discussion also occurred on the method of accounting
for this item.
Moved by Clerk English, supported by Skylis to set over
bills regarding traffic control devices until the next
meeting. AYES: Arsen, Rose, Spearing, Skylis, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
TRI -PARTY FUNDS. (1.1140) Clerk English also
requested, in a memo* dated November 26, 1990, the
Board approve payment of invoice #10- 1 -9 -10 from '
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' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY DECEMBER 3 1990
BILLS cont...
Oakland County Road Commission in the amount of
$6,453.95. Supervisor referred to a memo* dated
December 3,1990 regarding the amount of Tri -Party funds
owed to the Township by Oakland County Road Commission.
Discussion followed.
Moved by English, supported by Spearing to pay the
Oakland County Road Commission $6,453.95 for the
Waldon, Morgan, Maybee, and Baldwin Road projects.
Discussion followed on the method of accounting for
this item. AYES: Skylis, Spearing, Arsen, Rose, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
Supervisor Van Tassel stated Oakland County Road
Commission has been invoiced for $57,680 with other
invoices to be sent when other projects have been
completed.
EXPENDITURE PROCEDURES. Clerk English referred to a
memo* dated November 26, 1990, outlining her
recommendations for procedures for handling Township
expenditures. Clerk English requested Board approval to
institute the procedures. Discussion followed. Trustee
Spearing requested the Clerk discuss procedures with
the Township Auditors regarding posting bills.
Discussion also occurred on setting this matter over
until further information can be received and also to
respond to concerns regarding the ageing report and
encumbrances.
Moved by Skylis, supported by Arsen to adopt the
procedures outlined in the memo* from Clerk English
dated November 26, 1990 with the addendum* of December
3, 1990, to take effect December 3, 1990. Discussion
followed. AYES: Rose, Spearing, Arsen, Skylis, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
FINANCIAL STATEMENTS REVIEW. (1.2305) Treasurer Hall
read a document* dated December 3, 1990 which she
provided to the Board regarding the Financial Statement
review meeting held November 15, 1990. She also
referred to an attached Agenda* outlining the topics
discussed. A follow up meeting has been scheduled for
December 4, 1990 to discuss audit reversals and
' accounting for payables. After a discussion on November
30, 1990, it was decided by the three Elected Officials
i f
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAY, DECEMBER 3. 1990
FINANCIAL STATEMENT REVIEW cont...
that the issues of the Road Special Assessment District
and the Library Debt Fund may need to be referred to
the Township Auditors to resolve questions.
Treasurer Hall asked for direction from the Board
regarding scheduling additional auditing services for
the 1990 audit. Discussion followed.
Moved by Spearing, supported by Hall to authorize the
Township Auditor to assist with resolving questions on
the 1990 audit for the Special Assessment District for
Roads and for the Library Debt Fund. Further
discussion followed. AYES: Arsen, Spearing, Rose,
Hall, Van Tassel. NAYS: Skylis, English. MOTION
CARRIED.
3 ATTORNEY MATTERS
A. MIDWEST INSURANCE. (1.2980) Tim Patterson,
Township Attorney, made recommendations to the Board ,
regarding the matter of IGA /Great Midwest /Orion.
Information was received at the last Board meeting from
Leon Jukowski of Eric McCann's office regarding
mediation in that case and the Township has until
December 6, 1990 to respond. Discussion followed.
Moved by Arsen, supported by Rose to give the insurance
company until December 5, 1990 at noon for a response
and, if there is no response by that time, to direct
Eric McCann to accept the mediation on behalf of the
Township. Further discussion followed. AYES:
Spearing, Skylis, Rose, Arsen, Hall, English, Van
Tassel. NAYS: None. MOTION CARRIED.
----------------------------------------------------------------
Additional discussion - Financial Statements. The Consensus of
the Board was to receive future reports on the progress toward
resolving accounting issues as needed.
----------------------------------------------------------- - - - - --
17. RECEIVE AND FILE HAIG NEVILLE'S ANALYSIS DATED 10/19/90
REGARDING IGA /MOUND STEEL /ORION TOWNSHIP
(1.3566) Moved by English, supported by Rose to
receive and file the communication* from Haig Neville, '
Risk Management Consultant, dated October 19, 1990
regarding the IGA /Great Midwest /Mound Steel. AYES:
All. NAYS: None. MOTION CARRIED.
209
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, DECEMBER 3. 1990
ADDITIONAL DISCUSSION:
Discussion followed on the transfer of cases from Eric
McCann to Booth Patterson.
Tim Patterson also informed the Board that action has
been filed against the Orion House in the sign matter.
Eleanor Wolf, 835 E. Clarkston Road, again requested
the information from the Attorney regarding large lot
rezonings on which he based his opinion in the Security
Bank case. Supervisor Van Tassel has received this
information and will provide copies.
------------------------------------------------------- --- - - - - --
THE TOWNSHIP BOARD TEMPORARILY RECESSED AT 8:05 P.M. TO HOLD A
CONDEMNATION PUBLIC HEARING REGARDING PROPERTY AT 1030 S. LAPEER
ROAD ALSO KNOWN AS THE BORON STATION. THE REGULAR MEETING
RECONVENED AT 8:08 P.M.
---------------------------------------------------------- - - - - --
' ACTION RESULTING FROM PUBLIC HEARING - 1030 S. LAPEER.
(1.3934) Howard "Bud" Storm, Acting Building Official,
answered questions from the Board regarding this
matter.
After discussion, a Motion was made by Arsen, supported
by Skylis to confirm the Hearing Officer's findings*
regarding CD -90 -6 and to give the property owner until
December 21, 1990 to obtain permits and until February
28, 1991 to complete demolition. Further discussion
followed.
The Motion was amended to read: Moved by Arsen,
supported by Skylis to confirm the Hearing Officer's
findings* dated September 14, 1990 regarding CD -90 -6
(1030 S. Lapeer Rd.) and to give the property owner
until December 17, 1990 at noon to obtain the necessary
permits and until February 28, 1991 to complete the
demolition work.
Bonnie Stickney, 731 E. Clarkston Rd., suggested the
description of the structures to be demolished be broad
enough to cover all items on the property.
' Bud Storm, Acting Building Official, expressed concern
about increasing ground contamination when structures
210
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES ,
REGULAR MEETING, MONDAY, DECEMBER 3, 1990
1030 S. LAPEER RD. cont...
are removed. He also stated demolition orders are
specific regarding what is to be demolished.
Marilynne Burton - Ristau, 17 Cardinal Hill, questioned
the Board about who would clean up the contamination
from the tank and who would pay for the cleanup.
Supervisor Van Tassel stated the owner will work with
the DNR for permits to clean up the contamination and
he will also be responsible for the costs involved.
Discussion followed.
The Motion before the Board was reread. ROLL CALL
VOTE: AYES: Rose, Skylis, Spearing, Arsen, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
4. BUILDING DEPARTMENT MATTERS
A. ACTION ON 453 HEIGHTS ROAD CONDEMNATION. (1.4975)
Bud Storm, Acting Building Official, had not heard from
the property owner, Timothy Garrett, since the last
meeting. Mr. Storm also stated Richard White, Director
,
of DPW, feels that sewers cannot be provided to the
property.
Timothy Garrett, owner, requested the Board allow him
until April 30, 1991 to demolish the structure himself.
The building is boarded up and he feels the building is
secure at this time.
Moved by English, supported by Rose to allow Timothy
Garrett, owner until April 30, 1991 to remove the
structure at 453 Heights Road. Discussion followed on
setting a date for pulling permits including the
comments of Mr. Storm.
The Motion before the Board was amended to read: Moved
by English, supported by Rose to allow Timothy Garrett,
owner, until January 7, 1991 to pull demolition
permits, and until April 30, 1991 to remove the
structure at 453 Heights Road. AYES: Arsen, Skylis,
Spearing, Rose, Hall, English, Van Tassel. NAYS:
None. MOTION CARRIED.
211
' CHARTER TOWNSHIP OF ORION BOARD OF TRUITBR@ MINUTE@
REGULAR MEETING, MONDAY DECEMBER 3 1990
B. DECISION ON RON PRICE PROPERTY ON CONKLIN ROAD.
(1.5700) Ron Price, owner, on the advice of his
attorney, requested the Board remove this item from the
agenda. He stated there is pending litigation and he
was not notified about being on the agenda. He was
given information at this meeting and he did not have
time to review it.
Tim Patterson, Township Attorney, requested the Board
give him direction in response to Mr. Price's attorney
regarding whether the Township intends to pursue the
litigation or reach a compromise. Discussion followed.
Reference was made to an updated report* from Bud
Storm, Acting Building Official, dated December 3,
1990.
Moved by Spearing, supported by Hall to go to Closed
Session to discuss pending litigation. AYES: Arsen,
Skylis, Spearing, Rose, Hall, English, Van Tassel.
NAYS: None. MOTION CARRIED.
-----------------------------------------------------------------
THE- BOARD-
TEMPORARILY- RECESSED
8:35- P.M.
HOLD A CLOSED
'
SESSION.
-AT-
THE REGULAR BOARD MEETING
RECONVENED
-TO-
AT
8:52 P.M.
-
ACTION RESULTING FROM CLOSED SESSION.
(1.6376) The Consensus of the Board was to remove the
Item regarding property on Conklin per Mr. Price's
request.
5 DPW MATTERS
A. REQUEST TO DONATE TO SCHOLARSHIP FUND. (1.6440)
Richard White, Director of DPW, referring to his memo*
dated November 27, 1990, requested the Board set this
matter over for a legal opinion. Supervisor Van Tassel
requested Mr. White give information from the Michigan
Section of the American Water Works Association
regarding this matter to the Township Attorney.
B. WATER MAIN EXTENSION - HI -HILL. (1.6580) Richard
White, Director of DPW, addressed the Board regarding
his memo* dated November 28, 1990. He requested Board
approval to have the Township Engineers prepare
' engineering, construction plans, and bid specifications
for a water main project on Hi -Hill Drive as provided
by the Consent Judgment* between First Security Savings
212
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING MONDAY, DECEMBER, 1990
WATER MAIN EXTENSION cont...
Bank and Orion Township. The agreement provides for
installation of a 12 inch water main on Hi -Hill Drive
from M -29 to the developer's property. A preliminary
estimate* for $170,000 has been received from Orchard,
Hiltz & McCliment. Lengthy discussion occurred on the
source of funds for the project.
(2.0980) Moved by Spearing, supported by Rose to
authorize Orchard, Hiltz & McCliment to prepare the
engineering plans and bid specifications for the water
main extension on Hi -Hill Drive. Further discussion
followed. AYES: Arsen, Skylis, Rose, Spearing, Hall,
Van Tassel. NAYS: English. MOTION CARRIED.
6 FIRE DEPARTMENT MATTERS NONE
7 PARK AND RECREATION NONE
(2.0650) Leon Storm, 1900 S. Lapeer Rd., addressed the
Board regarding the Waldon Road Safety Path. He also I
commented on the bridge on the Clarkston Road Safety
Path.
Supervisor Van Tassel directed Mr. Storm to give his
information to Mr. Vagi and the Safety Path Committee.
8 POLICE MATTERS
Police Matters were set over until the next meeting.
9 ASSESSING DEPARTMENT MATTERS
REQUEST FOR TITLE CHANGE FOR BEVERLY SHAVER. (2.0890)
Kim Furguson, Township Assessor, answered questions
from the Board regarding a request for a title change
in the Assessing Department, as outlined in her memo*
dated November 29, 1990. Discussion followed. Moved
by Spearing, supported by Rose to authorize upgrading
Bev Shaver of the Assessing Department from Appraiser I
to Appraiser II, effective December 3, 1990. Further
discussion followed regarding compensation. AYES:
Rose, Spearing, Arsen, Skylis, Hall, English, Van
Tassel. NAYS: None. MOTION CARRIED.
Supervisor Van Tassel requested that Ms. Furguson give I
an update on the reappraisal of the Township at the
next meeting. Further discussion followed.
213
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY DECEMBER 3, 1990
10 LAKES OF INDIANWOOD TENTATIVE PRELIMINARY PLAT
(2.1080) Clerk English read a communication* dated
November 13, 1990 from the Planning Commission. Moved
by Spearing, supported by Rose to concur with the
Planning Commission and to approve the Tentative
Preliminary Plat for PC- 90 -59, Lakes of Indianwood.
Discussion followed on potential changes in traffic
patterns due to this project.
James Williams, Attorney representing the developers,
made a short presentation on the plans for traffic flow
in the project. Further discussion followed.
The Motion before the Board was reread. Discussion
followed. AYES: Arsen, Rose, Spearing, Hall, Van
Tassel. NAYS: Skylis, English. MOTION CARRIED.
11 DRAFT OF BOARD RULES
' (2.2023) Discussion occurred on the draft of Board
Rules which is being prepared by Clerk English. Clerk
English asked for input from the Board and citizens.
Treasurer Hall expressed concerns about sections
referring to quorum, deputy's attendance at meetings, a
consent agenda, and chairperson protem.
Clerk English stated the policy would be ready for
review at the next Board meeting. Discussion followed
on the timeframe for approval of a new policy.
12 POLICY STATEMENT RE: REZONING DELAYS
(2.2306) Moved by Rose, supported by English to
maintain the present policy and to decline to take any
further action on this matter. AYES: Spearing,
Skylis, Arsen, Rose, Hall, English, Van Tassel. NAYS:
None. MOTION CARRIED.
13 REQUEST FROM RAIL TO ADDRESS THE BOARD RE: LANDFILLS AND
INCINERATION
(2.2920) Marilynne Burton - Ristau, 17 Cardinal Hill,
addressed the Board regarding landfills and
incineration in Orion Township. She also questioned
' whether the Board had signed the 641 Plan.
*Sal
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING. MONDAY, DECEMBER 3, 1990
RAIL cont...
Supervisor Van Tassel stated the Board would be asked
to sign an Intergovernmental Agreement. At this time,
the Township has not received the amended agreement.
The Board has taken no action on the 641 Plan.
Ms. Burton - Ristau also read a petition directed to
Board members regarding the 691 Plan and
Intergovernmental Agreement which asked the Board to
postpone signing those agreements until the changes, as
outlined in the petition, are made. The petition
currently contains over 600 signatures. Ms. Burton -
Ristau also questioned whether an ordinance could be
written prohibiting the Township from doing business
with criminals.
Lengthy discussion followed.
Ms. Burton - Ristau also questioned whether the Township
would be joining Rochester Hills in the North Oakland
Consortium to plan an alternative method of waste
disposal.
Supervisor Van Tassel stated that no information has
been received at this time. Discussion.
Ms. Burton - Ristau questioned whether the Board could
help RAIL stop representatives from Oakland County or
Waste Management from going to the schools to address
students.
Trustee Spearing and Clerk English suggested Ms.
Burton - Ristau take that matter to the Lake Orion School
Board.
Ms. Burton - Ristau also questioned whether the Board
would look into having the contents of all trucks which
dump in Eagle Valley inspected. Trustee Skylis stated
he would address this matter in negotiations with Waste
Management.
Ms. Burton - Ristau also discussed emissions from the
Orion Plant.
Bonnie Stickney, 731 E. Clarkston Rd., questioned the
figures regarding air particulates from the Orion
Plant.
1
215
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, DECEMBER 3. 1990
RAIL cont...
Ms. Burton - Ristau stated that General Motors is in
noncompliance at this time. Further discussion
followed.
19. REZONING REQUEST OP -1 TO RM -2, WALDON & JOSLYN ROADS, ORION
83 LIMITED, PETITIONER
(2.3270) Lawrence Garon, representing Orion 83 Limited
Partnership, was present.
Trustee Rose suggested Mr. Garon request a delay on
this matter until December 17, 1990 based on new
information regarding the Master Plan presented at a
Joint Meeting of the Planning Commission and the
Township Board held November 29, 1990.
Mr. Garon stated that Orion 83 applied for the rezoning
In May of 1989. He was not opposed to working with the
community to arrive at a solution but he believes Orion
83 is requesting a zoning that is appropriate for this
piece of property. He would not object to a delay if
the Board needed more time to look at the request in
terms of what is in the best interest of the community
and the property. He also requested a decision be
rendered by December 17, 1990. Discussion followed.
Moved by Spearing, supported by Rose to set over the
Orion 83 rezoning request until the December 17, 1990
Board Meeting.
Trustee Arsen objected to further delay on the
rezoning.
Eleanor Wolf, 835 E. Clarkston Rd., felt that the delay
set a bad precedent.
Jill Bastian, 913 Heights Rd., also objected to the
delay and to the way Orion 83 obtained petition
signatures. She also commented on a Planning
Commission item regarding changes to the zoning
category which Orion 83 is requesting.
Jerry Letcher, 89 Goldengate, was also opposed to
unreasonable delays.
' The Motion before the Board was reread. AYES: Skylis,
Rose, Spearing, Hall, English, Van Tassel. NAYS:
Arsen. MOTION CARRIED.
216
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING MONDAY DECEMBER 3,1990
15 REQUEST FROM LIBERTY CONSTRUCTION FOR CONDEMNATION ACTION
(2.4030) Tim Patterson, Township Attorney, summarized
a memo* dated December 3, 1990 from Parvin Lee
regarding a request for Township assistance in
condemning easements through land owned by General
Motors for the purpose of providing ingress and egress
to Giddings Road from property owned by Liberty
Construction. In the opinion of the Attorney, this is
a private issue and Orion Township should not become
involved. Discussion followed.
Moved by Spearing, supported by Hall to concur with the
Township Attorney and to decline to become involved in
condemnation action per the Attorney's memo of December
3, 1990. AYES: Rose, Skylis, Arsen, Spearing, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
16 TIME SCHEDULE ON TOWNSHIP INSURANCE SPECIFICATIONS & BIDS
(1.4531) Supervisor Van Tassel referred to a
timetable* dated November 7, 1990 submitted by Haig
Neville, Risk Management Consultant, for the insurance '
specifications project. Discussion followed. The
Consensus of the Board was to ask Mr. Neville for more
specific dates for the tasks listed on the timetable
and to address this matter at a future meeting.
(2.5360) John Scharfenkamp, Pontiac General Hospital
Mental Health, addressed the Board regarding the use of
the old Township Hall by Lake Orion High School for a
weight training program. Mr. Scharfenkamp expressed
concern about confidentiality for his clients and also
the noise which might result from the training
equipment. Discussion followed on the possibility of
scheduling the time to accommodate all parties.
Trustee Spearing will also investigate the possibility
of using the Senior Center and report back to the
Board.
19 RESOLUTION REGARDING BUYING RECYCLED MATERIALS
(2.6500) Treasurer Hall stated that there are no
written procurement procedures for the Township at
present. After discussion, a Motion was made by ,
Skylis, supported by English to adopt a policy
statement which indicates the Township's policy to
217
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, DECEMBER 3 1990
RESOLUTION cont...
purchase recycled goods and environmentally safe
materials, whenever possible, keeping costs within
reason. AYES: Rose, Spearing, Arsen, Skylis, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
Marilynne Burton - Ristau, 17 Cardinal Hill, commented on
buying recycled paper.
20 CITIZEN REQUEST TO ADDRESS THE BOARD RE: TEMPORARY SIGNS
(3.0185)) Jill Bastian, 913 Heights Road, presented a
letter* dated November 26, 1990 to the Board.
Ms. Bastian requested the Board investigate the
possibility of creating a new ordinance or amending the
present Sign Ordinance to include temporary signs such
as political signs. Ms. Bastian felt the signs are an
eyesore and that the biggest problem is enforcement of
the Sign Ordinance.
Clerk English suggested investigating how other
communities incorporate temporary signs in the
Ordinance.
21 HEMINGWAY WOODS WETLANDS
(3.0500) Clerk English read a communication* dated
November 30, 1990. Supervisor Van Tassel stated the
applicant has supplied all items outlined in the memo
as request. Moved by Skylis, supported by Rose to
concur with the Planning Commission and to approve the
Hemingway Woods application (PC- 90 -15W) with the most
recent drawing Township date stamped November 28, 1990.
AYES: Arsen, Rose, Skylis, Spearing, Hall, English,
Van Tassel. NAYS: None. MOTION CARRIED.
22 REQUEST FOR HUNTING BAN - ORION OAKS
(3.0659) Moved by English, supported by Spearing to
receive and file the communication* dated November 30,
1990 regarding the hunting ban at Orion Oaks. AYES:
All. NAYS: None. MOTION CARRIED.
MTA CONVENTION
' (3.0700) Moved by Rose, supported by Skylis to
authorize any Township Board Member, Department Head,
or appropriate personnel to attend the Michigan
218
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, DECEMBER 3, 1990
MTA CONVENTION cont...
Townships Association Convention to be held in Detroit,
January 22 -25, 1991, and to pay the necessary fees and
expenses. AYES: Spearing, Skylis, Arsen, Rose, Hall,
English, Van Tassel. NAYS: None. MOTION CARRIED.
PUBLIC COMMENT
Jill Bastian, 913 Heights Rd., offered information on
recycled paper.
Ms. Bastian, also questioned whether the Skalnek
rezoning request would be on the next aqenda and
whether the Milosch rezoning would be on the agenda in
January.
Supervisor Van Tassel stated the Board would need to
set dates for Public Hearings on these matters.
Ms. Bastian was opposed to any further delay on these
rezoninqs.
Marilynne Burton - Ristau, 17 Cardinal Hill, directed
comments to Trustee Skylis regarding his negotiations
with Waste Management.
Bonnie Stickney, 731 E. Clarkston Rd., questioned
whether the Township could take action on information
from Marilynne Burton - Ristau regarding emissions from
General Motors. Discussion.
Moved by Spearing, supported by Rose to accept
information from Marilynne Burton - Ristau regarding
emissions from the General Motors plant and forward
that information to the Township Engineers for review
and recommendation. AYES: Arsen, Rose, Skylis,
Spearing, Hall, English, Van Tassel. NAYS: None.
MOTION CARRIED.
J
219
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, DECEMBER 3, 1990
ADJOURNMENT
Moved by Spearing, supported by English to adjourn the
meeting. MOTION CARRIED.
THE MEETING ADJOURNED AT 10:97 P.M.
Respectfully submitted,
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*
CONDEMNATION PUBLIC HEARING - 1030 S. LAPEER RD.
MONDAY, DECEMBER 3, 1990
The Charter Township of Orion Board of Trustees held a
Public Hearing, Monday, December 3, 1990 at 8:05 p.m. at the
Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
Clerk Marie E. English
Treasurer Suzanne Hall
OTHERS:
Susan Galeczka
Rodger Apple
Gracie Langford
Don Bartus
Bud Storm
Rosalie Ward
Larry Garon
James Milford
Judy Price
Diane Dodt
John Scharfenkamp
Tim Patterson
Cathy Apple
Jim Langford
Eleanor Wolf
Sandy Dyl
Jerry Letcher
Jim Williams
Elaine Pantak
Jim Skiba
Clifton King
Peggy Kamin
Trustee John Arsen
Trustee David Rose
Trustee James Skylis
Trustee John Spearing
Leon Storm
Deborah Wilson
Ron Price
Bonnie Stickney
M. Burton- Ristau
Jill Bastian
Richard M. White
Jack Carnahan
Bobett Gibbs
Jim Allen
Dawn Hoover
220
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES ,
CONDEMNATION PUBLIC HEARING MONDAY, DECBMBER 3, 1990
PUBLIC HEARING CONVENED AT 8.05 P.M.
This was a Hearing on the condemnation case (CD -90 -6)
regarding 1030 S. Lapeer commonly known as the Boron
Station. A hearing was held before the Hearing Officer
on November 13, 1990. The owners, Anthony Rea and
Charles Schultz, were ordered to demolish to the
structure on or before October 31, 1990. That was not
done and a Condemnation Public Hearing was scheduled.
Supervisor Van Tassel asked if anyone wished to speak
at this Public Hearing.
Sandra Dyl, 1558 Nancy G, questioned what effect the
condemnation would have on the groundwater
contamination problem on this site. She also
questioned whether the Township has any authority to
expedite the cleanup.
Supervisor Van Tassel stated she understood the cleanup
was being handled by the DNR. The company doing the
cleanup wanted to use either the existing building or a
building which they would construct. They applied to
the ZBA for variances to place a new building in the
southwest corner of the site closer than setback
regulations would allow but they were denied variances
until after the existing building was demolished. The
Supervisor did not know if the demolition would have an
effect on the cleanup.
Tim Patterson, Township Attorney, stated the demolition
should be restricted to the structures above ground
with the contractor instructed not to disturb anything
below ground.
Supervisor Van Tassel asked if anyone else wished to
speak at the Condemnation Hearing regarding 1030 S.
Lapeer Rd. - Boron Station. No further comments were
received.
PUBLIC HEARING WAS DECLARED HELD AT 8:08 P.M.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
mis ,
THIS MEETING IS ON TAPE.
*On file in the Clerk's office.
221
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
* M I N U T E S*
REGULAR MEETING, MONDAY, DECEMBER 17, 1990
The Charter Township of Orion Board of Trustees held a
Regular Meeting, Monday, December 17, 1990 at 7:00 p.m. at the
Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
Clerk Marie E. English
Treasurer Suzanne Hall
ABSENT Trustee John Arsen
OTHERS:
Susan Galeczka
Ruby Freeman
Leon Harrison
Gary Tenaglia
Pauline Kopecek
Frank Kopecek
Howard Compau
Mary MacMaster
Deborah Wilson
James Marleau
William Webster
Dennis Hart
Rich Selner
Mary Ann Ryan
James Milford
Clarence Rossman
Rosalie Ward
Sandy Dyl
Greg Orley
Mike Coulter
Morris Cucksey
Gracie Langford
Carl Cyrowski
Jill Bastian
Bob Halso
Arthur Des Rosiers
Ray Westcott
Trustee John Spearing
Trustee David Rose
Trustee James Skylis
Tim Patterson
Mark Vagi
Cathy Thorlakson
Mary Jane Shields
Mame Rusch
Dale Blythe
Ruth Compau
Gail Connolly
Verlin Eppert
Robin Powers
Diane Dodt
Dolores Reuter
Rich Skalnek
M. Burton - Ristau
Gerry Chevrier
Wilma Rossman
Richard White
Milton Rotenberg
Verlin Eppert
Leo Wolf
Rosalee Cucksey
James Langford
Jim Qualls
George Perry
Don Bartus
Mike Pudists
Kathy Sauer
MEETING CONVENED AT 7:00 P.M.
George Freeman
Leon Storm
Leo Thorlakson
Robert Singleton
Angela Weaver
Keith Mayer
Constance Cumbey
Curt Miller
Elaine Pantak
Ben Powers
Lisa Carnegie
Harold Reuter
Robert Blaine
Brian Kaminski
Greg Slagon
Shirley Dingman
R.L. Turner
Larry Garon
Jennifer Eppert
Eleanor Wolf
Ray Pantak
Jerry Letcher
R.R. Normandin
Doris Perry
Bonnie Stickney
Ruth Pudists
The Pledge of Allegiance and the Meditation were led by
Supervisor Van Tassel.
222
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING MONDAY DECEMBER 17 1990
1 MINUTES
A. MINUTES OF REGULAR MEETING. (1.0200) Moved by
English, supported by Skylis to approve the Minutes of
the December 3, 1990 Regular meeting as submitted.
Ayes: All. Nays: None. Absent: Arsen. MOTION
CARRIED.
B. MINUTES OF PUBLIC HEARING. (1.0280) Moved by
Hall, supported by English to approve the Minutes of
the Condemnation Public Hearing regarding 1030 Lapeer
Road as submitted. AYES: All. NAYS: None. ABSENT:
Arsen. MOTION CARRIED.
(1.0315) Discussion on the following bills:
Page 1, State of Michigan, Elevator Inspection
Moved by Spearing, supported by Rose to approve the
bills for payment as follows: '
General $ 37,195.11
Fire 5,552.35
Water 562.48
Sewer 340.43
Other 179.25
Police 141.60
TOTAL $ 43,971.22
ROLL CALL VOTE: AYES: Skylis, Spearing, Rose, Hall,
English, Van Tassel. NAYS: None. ABSENT: Arsen.
MOTION CARRIED.
A. OAKLAND COUNTY TRAFFIC CONTROL DEVICES. (1.0410)
Supervisor Van Tassel referred to correspondence* from
John Grubba, Managing Director of the Oakland County
Road Commission, dated December 6, 1990, explaining
what constitutes the overhead charges included in the
bill for Oakland County Traffic Control Devices. The
Supervisor also referred to correspondence* dated
December 17, 1990 from Parvin Lee.
Tim Patterson, Township Attorney, summarized Mr. Lee's
letter which found the matter was subject to '
contractual interpretation of what the Township and
223
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING. MONDAY, DECEMBER 17, 1990
OAKLAND COUNTY TRAFFIC CONTROL cont...
OCRC intended when they agreed to divide the "cost" of
the improvements contracted for. The Township Attorney
advised that payment of the bills should be deferred if
the Township wishes to negotiate with OCRC as to what
"overhead costs" are to be included in the contract.
Lengthy discussion followed.
Moved by Spearing, supported by Rose to authorize
payment of the bill for traffic control devices minus
overhead charges and minus utility charges for one of
the devices on Heights Road after it was removed.
Further discussion followed. AYES: Rose, Spearing,
Skylis, English, Van Tassel. NAYS: None. ABSENT:
Arsen. MOTION CARRIED.
3 ATTORNEY MATTERS
BURNAC VS ORION. (1.1300) Supervisor Van Tassel
referred to a letter* dated December 10, 1990 from Eric
McCann regarding Burnac vs Orion. This case involves a
claim by Burnac, owner of the Indianwood condo site,
for damages resulting from the demolition of the site
by the Township and return of a $25,000 building bond
which they posted.
The case has gone to mediation and the award has been
set at $27,500. The Township must act to accept or
reject the mediation by December 17, 1990. Mr. McCann
recommended the Township accept the mediation. Lengthy
discussion followed on the background of the case.
Tim Patterson, Township Attorney, also outlined the
other action the Board could take.
Moved by Spearing, supported by Rose to authorize the
Supervisor to correspond with the Oakland County Road
Commission regarding overhead charges and the
Township's objections to them at this time. AYES:
Skylis, English, Van Tassel, Hall, Rose, Spearing.
NAYS: None. ABSENT: Arsen. MOTION CARRIED.
B. ORCHARD, HILTZ AND McCLIMENT AGING STATEMENT.
(1.1172) After discussion, a Motion was made by Hall,
supported by Spearing to defer action until Agenda Item
23 - Financial Statement Review. AYES: Five. NAYS:
One. ABSENT: Arsen. MOTION CARRIED.
3 ATTORNEY MATTERS
BURNAC VS ORION. (1.1300) Supervisor Van Tassel
referred to a letter* dated December 10, 1990 from Eric
McCann regarding Burnac vs Orion. This case involves a
claim by Burnac, owner of the Indianwood condo site,
for damages resulting from the demolition of the site
by the Township and return of a $25,000 building bond
which they posted.
The case has gone to mediation and the award has been
set at $27,500. The Township must act to accept or
reject the mediation by December 17, 1990. Mr. McCann
recommended the Township accept the mediation. Lengthy
discussion followed on the background of the case.
Tim Patterson, Township Attorney, also outlined the
other action the Board could take.
224
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAY, DECEMBER 17, 1990
OAKLAND COUNTY TRAFFIC CONTROL cont...
OCRC intended when they agreed to divide the "cost" of
the improvements contracted for. The Township Attorney
advised that payment of the bills should be deferred if
the Township wishes to negotiate with OCRC as to what
"overhead costs" are to be included in the contract.
Lengthy discussion followed.
Moved by Spearing, supported by Rose to authorize
payment of the bill for traffic control devices minus
overhead charges and minus utility charges for one of
the devices on Heights Road after it was removed.
Further discussion followed. AYES: Rose, Spearing,
Skylis, English, Van Tassel. NAYS: None. ABSENT:
Arsen. MOTION CARRIED.
Moved by Spearing, supported by Rose to authorize the
Supervisor to correspond with the Oakland County Road
Commission regarding overhead charges and the
Township's objections to them at this time. AYES:
Skylis, English, Van Tassel, Hall, Rose, Spearing.
NAYS: None. ABSENT: Arsen. MOTION CARRIED. ,
B. ORCHARD, HILTZ AND McCLIMENT AGING STATEMENT.
(1.1172) After discussion, a Motion was made by Hall,
supported by Spearing to defer action until Agenda Item
23 - Financial Statement Review. AYES: Five. NAYS:
One. ABSENT: Arsen. MOTION CARRIED.
3. ATTORNEY MATTERS
BURNAC VS ORION. (1.1300) Supervisor Van Tassel
referred to a letter* dated December 10, 1990 from Eric
McCann regarding Burnac vs Orion. This case involves a
claim by Burnac, owner of the Indianwood condo site,
for damages resulting from the demolition of the site
by the Township and return of a $25,000 building bond
which they posted.
The case has gone to mediation and the award has been
set at $27,500. The Township must act to accept or
reject the mediation by December 17, 1990. Mr. McCann
recommended the Township accept the mediation. Lengthy
discussion followed on the background of the case.
Tim Patterson, Township Attorney, also outlined the
other action the Board could take.
225
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING MONDAY DECEMBER 17, 1990
ATTORNEY MATTERS cont...
Moved by English, supported by Rose to authorize the
Attorney to accept the mediation report in an amount
not to exceed $27,500. Further discussion followed.
Constance Cumbey, 3675 Hi- Crest, and Bonnie Stickney,
731 E. Clarkston Rd., also commented on this item.
AYES: Skylis, Rose, English, Van Tassel. NAYS:
Spearing, Hall. ABSENT: Arsen. MOTION CARRIED.
WATER MAIN EXTENSION ON HI -HILL. (1.2150) Trustee Rose
read a statement regarding the water main extension on
Hi -Hill. A Motion was made by Rose, supported by
Spearing to use water and sewer funds to pay for a 12"
water main in Hi -Hill Subdivision from M -24 to the
project boundary. Lengthy discussion followed
Including the comments of several citizens opposed to
the water main extension being paid for from Township
funds.
' The Motion before the Board was reread. AYES: Skylis,
Hall, Van Tassel, Rose, Spearing. NAYS: English.
ABSENT: Arsen. MOTION CARRIED.
Further lengthy discussion followed including the
comments of several citizens opposed to the Consent
Judgment in the Security Bank case.
4. DPW MATTERS NONE
5. FIRE DEPARTMENT MATTERS NONE
6. PARKS AND RECREATION MATTERS
A. SAFETY PATH COMMITTEE REPORT. (1.6174) Mark Vagi,
Director of Parks and Recreation, summarized his
report* dated December 1990. The topics included the
proposed sites for the next safety path, the guardrail
on the Waldon Road safety path, and "the Clarkston Road
Boardwalk. Mr. Vagi thanked Leon Storm for his help on
the safety path items. Moved by English, supported by
Spearing to receive and file the Safety Path Committee
Report. AYES: All. NAYS: None. ABSENT: Arsen.
' MOTION CARRIED.
226
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES ,
REGULAR MEETING. MONDAY, DECEMBER 17, 1990
PARKS AND RECREATION MATTERS cont...
RESIGNATION FROM SAFETY PATH COMMITTEE. Mr. Vagi also
referred to a letter* dated December 11, 1990 from
Cathy Rose of the Safety Path Committee. Moved by
English, supported by Spearing to accept, with regret,
the resignation of Cathy Rose, from the Safety Path
Committee, and to request an appropriate letter of
appreciation be sent. AYES: All. NAYS: None.
ABSENT: Arsen. MOTION CARRIED.
B. REQUEST TO ATTEND MRPA CONFERENCE. (1.6690) Moved
by English, supported by Hall to authorize Mark Vagi to
attend the Michigan Recreation and Park Association's
Annual Conference to be held February 2 -6, 1991 in
Detroit, and to pay necessary fees and expenses. AYES:
Skylis, English, Van Tassel, Hall, Rose, Spearing.
NAYS: None. MOTION CARRIED.
C. APPOINTMENT TO RECYCLING COMMITTEE. (2.0020) Moved
by English, supported by Hall to appoint Marilynne
Burton - Ristau to the Recycling Committee. AYES:
Spearing, Rose, Hall, Van Tassel, English, Skylis.
NAYS: None. ABSENT: Arsen. MOTION CARRIED.
D. APPROVAL OF CONTRACT PAYMENT. (2.0070) Moved by
English, supported by Spearing to authorize payment to
Einstein Electric (as outlined in a memo* dated
December 13, 1990) in the amount of $67,622.23 for work
completed to date. Discussion. AYES: Rose, Skylis,
Spearing, English, Hall, Van Tassel. NAYS: None.
ABSENT: Arsen. MOTION CARRIED.
CHANGE ORDER - TIMERS. (2.0170) Moved by English,
supported by to approve a change order in the amount of
$650 for the purpose of installing electric timing
meters (as outlined in a memo* dated December 13, 1990)
for the ballfield lighting. AYES: Hall, Spearing,
Rose, English, Skylis, Van Tassel. NAYS: None.
ABSENT: Arsen. MOTION CARRIED.
CHANGE ORDER - CABLE. (2.0285) After discussion a
Motion was made by English, supported by Spearing to
approve a change order (as outlined in a memo* dated
December 11, 1990) for feeder cables to route power
from the park pavilion to the control panel in the
ballfield in an amount not to exceed $4000. Further
discussion followed. AYES: Skylis, English, Van ,
Tassel, Hall, Rose, Spearing. NAYS: None. ABSENT:
Arsen. MOTION CARRIED.
227
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING. MONDAY, DECEMBER 17, 1990
Leon Storm, and Eleanor Wolf commented on Parks and
Recreation matters.
7. POLICE MATTERS
A. REQUESTS FROM SGT. ROSSMAN. (2.0895) Sgt. Kim
Rossman answered questions from the Board regarding his
requests for various equipment or facility
modifications needed at the Orion Substation as
outlined in his memo* dated October 22, 1990.
REQUEST TO PURCHASE COPY MACHINE. After discussion, a
Motion was made by Rose, supported by Spearing to
authorize purchase of a Sharp SF -7300 copy machine for
the Orion Substation at a cost not to exceed $1500.
AYES: Spearing, Rose, Skyliso Halil, Man Tassel'. NAYS:
English. ABSENT: Arsen. MOTION CARRIED.
REQUEST FOR FINGERPRINT KITS. After discussion, a
Motion was made by Rose, supported by Skylis to
authorize purchase of a Sirche compact fingerprint kit
' at a cost not to exceed $80. Further discussion
followed. AYES: Hall, Spearing, Rose, Skylis, Van
Tassel. NAYS: English. ABSENT: Arsen. MOTION
CARRIED.
FACILITY MODIFICATIONS REQUEST. Sgt. Rossman answered
questions from the Board regarding his request for air
conditioners for the locker room area and command
office areas of the Orion Substation. He also
requested installation of fluorescent light fixtures.
A third item involved expansion of the current
detective /command room. Discussion followed. The
Consensus of the Board was to approve installation of
fluorescent shoplights and to delay action on major
modifications until a decision is made on sale of the
old Township Hall.
8. ASSESSING DEPARTMENT MATTERS
A. DECISION ON HIRING APPRAISER I. (2.1720) Kim
Furguson, Assessor, addressed the Board regarding a
recommendation to hire an Appraiser, Level I, in the
Assessing office. Five applicants were interviewed.
Discussion followed. Moved Spearing, supported by Hall
to authorize hiring Linda Geering as an Appraiser I at
' a starting salary of $9.10 per hour effective January
7, 1991. AYES: Skylis, Van Tassel, Hall, Rose,
Spearing. NAYS: English. ABSENT: Arsen. MOTION
CARRIED.
228
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING. MONDAY, DECEMBER 17, 1990
B. REQUEST FOR TEMPORARY PART -TIME CLERK. Kim
Furguson, Assessor, also requested authorization to
advertise for part -time clerical help due to low
participation in the Lake Orion High School Co -op
Program. Discussion followed.
Moved by Spearing, supported by Hall to authorize
advertising and hiring a temporary clerk in the
Assessing Department at a rate not to exceed $5.00 per
hour and no fringe benefits for the period of January
through May 1991. Further discussion followed. AYES:
Spearing, Rose, Hall', Van Tassel,' English, Skylis.
NAYS: None. ABSENT: Arsen. MOTION CARRIED.
9. BUILDING DEPARTMENT MATTERS
DECISION ON HIRING BUILDING OFFICIAL. (2.2110) This
matter will be addressed when a recommendation can be
made by the Committee.
Supervisor Van Tassel gave reports on the status of the I
condemnations at 1655 Brown Road and the Boron Station
at 1030 S. Lapeer Rd.
10. REZONING REQUEST OP -1 TO RM -2. WALDON & JOSLYN ROADS
ORION 83 LIMITED. PETITIONER
(2.2406) Clerk English read a communication* from the
Orion Township Planning Commission dated October 12,
1990.
Moved by English, supported by Rose to approve the
rezoning request (PC- 90 -25), Orion 83 Limited
Partnership, for 30.2 acres at Waldon and Joslyn Roads
from OP -1 (Office Professional 1) to RM -2 (Residential
Multiple 2).
Milton Rotenberg, Orion 83 was present and answered
questions from the Board and from citizens. Lengthy
discussion followed including the comments of several
citizens objecting to the rezoning of the property. The
discussion also included the positions of Board members
on this issue.
The Motion before the Board was reread. ROLL CALL
VOTE: AYES: English, Skylis, Rose. NAYS: Spearing, ,
Hall, Van Tassel. ABSENT: Arsen. MOTION FAILED FOR
LACK OF SUFFICIENT MAJORITY.
229
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, DECEMBER 17, 1990
The Township Board temporarily recessed from 10:00 p.m. to
10:15 P.M.
(3.0000) Supervisor Van Tassel clarified action taken
on the Orion 83 rezoning. Township policy states that
for action to be approved there must be four votes in
the affirmative. Therefore, the rezoning has not been
approved or denied. This item will be on a future
agenda when there are seven member present.
11. CONFIRM REQUEST TO USE OLD TOWNSHIP HALL
(3.0085) Trustee Spearing reported on his findings
after meeting with several groups using the old
Township Hall regarding the temporary use of the
building by the High School for a weightlifting
program. The consensus of the other groups was that
noise was somewhat a problem. Mr. Spearing will speak
to Coach Mike Berry at the High School about the
possibility of changing the hours of the weightlifting
program and report back at the next meeting.
12. DRAFT OF TOWNSHIP BOARD RULES
(3.0228) Clerk English stated the draft of suggested
Board rules was not ready for adoption. She also asked
for input from the Board members and the public.
Copies of the draft of board rules will be available to
the public. Discussion followed.
13. SET PUBLIC HEARINGS
(3.0930) Clerk English read a communication* from Don
Milosch, petitioner, dated December 17, 1990.
Discussion followed.
A. SKALNEK REZONING REQUEST. Moved by Spearing,
supported by Hall to set a Public Hearing regarding the
Skalnek rezoning request for 8:00 p.m., Monday,
January 7, 1991.
Eleanor Wolf, 835 E. Clarkston Rd., asked that both
rezonings be scheduled at one meeting.
AYES: Rose, Hall, Van Tassel, English, Skylis,
Spearing. NAYS: None. ABSENT: Arsen. MOTION
CARRIED.
230
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, DECEMBER 17, 1990
B. MILOSCH REZONING REQUEST. Moved by Spearing,
supported by Hall to set a Public Hearing for the
Milosch rezoning request for 8 p.m., on Tuesday,
January 22, 1991. Discussion. AYES: Skylis, English,
Hall, Rose, Spearing. NAYS: Van Tassel. ABSENT:
Arsen. MOTION CARRIED.
19. REQUEST FROM CEDAR KEY RESIDENTS RE: TRAFFIC PROBLEM
(1.0735) Bill Wright, 2560 Cedar Key Drive, President
of Scripps on the Lake Homeowners Association,
requested the Board respond to the residents concerns
about traffic on Cedar Key. Mr. Wright referred to his
letter* dated December 17, 1990 to Supervisor Van
Tassel. Mr. Wright requested direction from the Board
regarding future action on this matter. Discussion
followed including action taken to date.
Moved by Spearing, supported by Skylis to set a Public
Hearing for a Tuesday in January 1991 to deal with the
traffic problem on Cedar Key Drive inviting residents,
representatives of the Oakland County Road Commission,
Fire Chief Key, Sgt. Kim Rossman, and others who may be
impacted. AYES; Rose, Hall, Van Tassel, English,
Skylis, Spearing. NAYS: None. ABSENT: Arsen.
MOTION CARRIED.
Bob Blaine, 2812 Cedar Key, was in favor of a Public
Hearing to solve the traffic problem. Discussion
followed.
-----------------------------------------------------------------
Moved by English, supported by Skylis to extend the meeting until
11:00 p.m. to complete the agenda. AYES: All. NAYS: None.
ABSENT: Arsen. MOTION CARRIED.
----------------------------------------------------------- - - - - --
15. KEATINGTON CEDARS FINAL PRELIMINARY PLAT
(3.1590) Clerk English, read a communication* from the
Orion Township Planning Commission dated December 10,
1990. Moved by English, supported by Spearing to
concur with the Planning Commission and to approve
Final Preliminary Plat for Keatington Cedars 02 (PC -90-
17). Discussion. AYES: Skylis, English, Van Tassel,
Hall, Rose, Spearing. NAYS: None. ABSENT: Arsen.
MOTION CARRIED.
1
r�
231
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, DECEMBER 17, 1990
16. REQUEST FROM RESIDENT TO ADDRESS THE BOARD
(2.1720) Jim Qualls, 3692 Hi- Villa, read his letter*
dated December 12, 1990 requesting the Board respond to
the following questions at this meeting, at the next
Board meeting, or in writing before the next Board
meeting:
1. How does the consent judgement that you approved
differ from the previous consent judgment, which was
voted down, in any way that justifies supplying the
developer with a water main at a cost to the township
of an estimated one hundred seventy thousand dollars?
2. If there are major differences, why, in the
Township Attorney's letter dated Sept. 11, 1990 and
attached to the judgement. you approved, does the
attorney state that you should attach the exhibits
(site plan, engineering study, township planner .report
and letters from DPW and Fire Dept.) from the consent
judgment you voted down to the new consent judgement?
' 3. other than the negotiating committee, made up of
Ms. Van Tassel, Mr. Rose, and Dr. Arsen, what township
departments, (Fire Dept.., DPW, Township Planner,
Treasurer) were consulted for advice as to the
suitability of the judgement terms, the ability and
method of paying for the one hundred seventy thousand
dollar water main, and the effect of this cost burden
on the township?
9. Judging from comments made by Board Members at the
previous meeting most of you did not have a clear idea
of how this one hundred seventy thousand dollar water
main would be financed. Why did you vote to obligate
the township for this much money if you did not have a
clear understanding of the financing?
5. For what reason did you rush into this agreement,
over the objections of many of the residents of the
township, when you evidently did not entirely
understand ramifications of approving it?
6. The residents of the township expect Board Members
to represent and protect their interest. Please
explain how this judgement, which comes complete with a
one hundred seventy thousand dollar cost burden,
benefits the township.
232
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING MONDAY, DECEMBER 17 1990
17 BALD MOUNTAIN ESTATES FINAL PLAT APPROVAL
(3.2080) Supervisor Van Tassel referred to a review
letter* dated December 4, 1990 from the Township
Engineers regarding Bald Mountain Estates (PC- 82 -8).
Richard White, Director of DPW, stated the major water
and sewer items have been completed on the project.
Moved by English, supported by Spearing to authorize
the Clerk to sign the final plat when the Township
receives the $2550 for markers and monuments.
Discussion. AYES: Skylis, Rose, Spearing, Hall,
English, Van Tassel. NAYS: None. ABSENT: Arsen.
MOTION CARRIED.
18 ORION RIDGE FINAL PRELIMINARY PLAT EXTENSION
(3.2350) Clerk English read a communication* from the
Orion Township Planning Commission. Moved by English,
supported by Skylis to concur with the Planning
Commission and to approve a six month extension of
Final Preliminary Plat for Orion Ridge Industrial Park '
(PC- 79 -34) to expire June 30, 1991. AYES: Spearing,
Rose, Hall, Van Tassel, English, Skylis. NAYS: None.
ABSENT: MOTION CARRIED.
19 RESOLUTION REGARDING 1991 BOARD MEETING DATES
(3.2430) After discussion a Motion was made by
English, supported by Hall as follows:
RESOLUTION - 1991 MEETING DATES
WHEREAS, the By -laws of the Charter Township of Orion Board
provide for the scheduling of regular Orion Township
Board meetings the first and third Mondays of each
month, and
WHEREAS, the State of Michigan has enacted the Open Meetings Law
which requires the specific designation of the dates,
times and places of all regular meetings of the Charter
Township of Orion Board, and
WHEREAS, it is the desire of the Charter Township of Orion Board
to conduct all of its business in an open forum, in
compliance with said act, '
NOW THEREFORE BE IT RESOLVED, that the Charter Township of Orion
Board will hold its Regular Meetings on the first and
233
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, DECEMBER 17, 1990
MEETING DATE RESOLUTION cont...
third Mondays* of each month of the calendar year
beginning January 7, 1991 and ending December 16,
1991. ( *Unless otherwise noted.)
The following dates are the dates of the regularly
scheduled meetings which will begin at 7:00 p.m. and
will be held at the Orion Township Hall, 2525 Joslyn
Road, Lake Orion, Michigan:
January 7, 22 (Tuesday) July 1, 15
February 4, 19 (Tuesday) August 5, 19
March 4, 18 September 3 (Tuesday), 16
April 1, 15 October 7, 21
May 6, 20 November 4, 18
June 3, 17 December 2, 16
AND BE IT FURTHER RESOLVED, that a copy of this notice of
meeting dates is to be published in the ORION REVIEW
and be posted at the Orion Township Hall.
AYES: Skylis, English, Van Tassel, Hall, Rose,
Spearing. NAYS: None. ABSENT: Arsen. MOTION
CARRIED.
20. SOLID WASTE HAULERS ORDINANCE
This item was removed from the agenda.
21. AUDIT PROPOSALS
(3.2540) Clerk English summarized her memo* dated
December 14, 1990 regarding audit proposals. Moved by
English, supported by Spearing to retain Grant Thornton
for the 1990 Audit at a cost of $22,000 and for the
1991 Audit at $23,300. Discussion followed on adopting
a policy regarding putting out bid proposals. The
Motion before the Board was reread. AYES: Spearing,
Rose, Van Tassel, English, Skylis. NAYS: Hall.
ABSENT: Arsen. MOTION CARRIED.
24. LETTER OF RESIGNATION
(2.2950) Moved by Spearing, supported by Rose to
accept a letter of resignation from Janet Dean,
' Planning Commission secretary, and to request an
appropriate communication be sent. AYES: English,
Skylis, Spearing, Hall, Rose, Van Tassel. NAYS: None.
ABSENT: Arsen. MOTION CARRIED.
12
234
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, DECEMBER 17, 1990
LETTER OF RESIGNATION cont...
Moved by Spearing, supported by Rose to authorize
advertising for a Planning Commission secretary. AYES:
Rose, Skylis, Spearing, Hall, English, Van Tassel.
NAYS: None. ABSENT: Arsen. MOTION CARRIED.
ADDITIONAL ITEMS:
(3.3025) Treasurer Hall addressed the Board regarding
a request for additional temporary staff in the
Treasurer's Office until a student can be hired through
the High School Co -op program. Moved by Spearing,
supported by Rose authorize hiring Matt Dingman as
temporary help in the Treasurer's Office at $4.00 per
hour. AYES: Hall, Rose, Spearing, Skylis, English,
Van Tassel. NAYS: None. ABSENT: Arsen. MOTION
CARRIED.
ORCHARD HILTZ & McCLIMENT BILLS. (3.3160) After
discussion, a Motion was made by Spearing, supported by
Skylis to authorize payment of Orchard Hiltz &
McCliment bills which have been reviewed and approved
for payment internally in the amount of $133,790.21 (as
per the financial review meeting of December 4, 1990).
Further discussion followed. AYES: Rose, Spearing,
Skylis, Hall, English, Van Tassel. NAYS: None.
ABSENT: Arsen. MOTION CARRIED.
22. COMMUNICATION FROM STATE ASSESSORS BOARD RE: EMPLOYMENT OF
(3.3325) Supervisor Van Tassel referred to her memo*
of December 13, 1990 regarding the need to have a
properly certified assessor for completion of the 1991
Assessment roll. Discussion. Moved by English,
supported by Spearing to authorize the Supervisor to
respond to the State Assessor's Board. Further
discussion followed. AYES: Skylis, English, Van
Tassel, Hall, Rose, Spearing. NAYS: None. ABSENT:
Arsen. MOTION CARRIED.
23 FINANCIAL STATEMENT REVIEW
(3.3465) Treasurer Hall
Statement Review Update*
con8eheus of the Board v
Financial Statement Review
referred to the Financial
of December 14, 1990. The
as to continue to receive
reports.
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1
235
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY DECEMBER 17, 1990
29 TRAILWAYS COMMISSION APPOINTMENT
(3.3510) Moved by Spearing, supported by English to
appoint Mark Vagi, Director of Parks and Recreation, to
the Trailways Commission. AYES: Spearing, Rose,
Skylis, Hall, English, Van Tassel. NAYS: None.
ABSENT: Arsen. MOTION CARRIED.
Appointment of an alternate to the Trailways Commission
will be on the next meeting agenda.
Trustee Spearing thanked Bonnie Stickney for her work
on the Trailways Commission.
-----------------------------------------------------------------
PUBLIC COMMENT:
Elaine Pantak, 1930 Indianwood Rd., recommended the
Board recognize Bonnie Stickney for her years of
service on various Township boards and commissions.
Leon Storm, 1400 S. Lapeer Rd., commented on Board
motions.
ADJOURNMENT
Moved by Spearing, supported by Hall to adjourn the
meeting. MOTION CARRIED.
THE MEETING ADJOURNED AT 11:12 P.M.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
Transcription:
Mary Jane Shields
THIS MEETING IS ON TAPE
' *ON FILE IN THE CLERK'S OFFICE
236
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
* M I N U T E S*
SPECIAL MEETING, WEDNESDAY, DECEMBER 19, 1990
The Charter Township of Orion Board of Trustees held a
Special Meeting, Wednesday, December 19, 1990 at 7:00 p.m. at the
Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel
Treasurer Suzanne Hall
ABSENT:
Clerk Marie English
OTHERS:
Jill Bastian
Nicole Robertson
MEETING CONVENED AT 7:00 P.M.
Trustee John Arsen
Trustee David Rose
Trustee James Skylis
Trustee John Arsen
Deborah Wilson
Supervisor Van Tassel stated the purpose of the meeting
was to act on the recommendation of the three member
Interview Committee (Supervisor Van Tassel, Treasurer
Hall, and Trustee Spearing) regarding hiring a Building
Official. Supervisor Van Tassel referred to a memo*
dated December 19, 1990 from the Interview' Committee
outlining the procedure followed in arriving at the
recommendation.
Moved by Rose, supported by Skylis to hire Tom Berger
as Building Official effective January 7, 1991 at an
annual salary of $36,000. Discussion followed.
AYES: Hall, Skylis, Rose, Spearing, Van Tassel. NAYS:
None. ABSENT: English, Arsen. MOTION CARRIED.
ADJOURNMENT
Moved by Skylis, supported by Rose to adjourn the
meeting. MOTION CARRIED.
THE MEETING ADJOURNED AT 7:15 P.M.
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION
Transcription: Mary Jane Shields
THIS MEETING IS ON TAPE
*ON FILE IN THE CLERK'S OFFICE
i
237
CHARTER TOWNSHIP OF ORION BOARD OF TRUST$ES
* M I N U T E S*
REGULAR MEETING, MONDAY, JANUARY 7, 1991
The Charter Township of Orion Board of Trustees held a
Regular Meeting, Monday, January 7, 1991 at 7:00 p.m. at the
Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan.
BOARD MEMBERS PRESENT:
Supervisor JoAnn Van Tassel Trustee John Arsen
Clerk Marie E. English Trustee John Spearing
Treasurer Suzanne Hall Trustee James Skylis
ABSENT: Trustee David Rose
OTHERS:
Susan Galeczka
Parvin Lee
Jill Bastian
Carl Cyrowski
Jerry Letcher
Morris Cucksey
Ardis Pearce
James Pearce
John Spokaeski
Barbara Hughes
Tom Berger
Deborah Wilson
Bonnie Stickney
Nina Nowak
Beatrice Robertson
Ronna Roach
Donald Roach
Gracie Langford
James Langford
Robert Singleton
Beverly Turner
R.L. Turner
Eleanor Wolf
Leo Wolf
Constance Cumbey
Nicole Robertson
D. Barnowsky
Rosalie Ward
Larry Garon
Greg Orley
Jim Qualls
Jim Qualls
George Perry
James Earhart
William Warner
James Milford
Sgt. Kim Rossman
Richard M. White
Mike Coulter
Bill Kalmar
Keith Maye
Mary Ann Ryan
Wendy Ryan
Howard Compau
C. Strandberg
Elizabeth Strandberg
Sandy Dyl
Art Schrah
Noah Lambert
Ken Dutton
Erma Dutton
Daniel Myslakowski
Arthur DesRosiers
Rich Skalnek
Steve Skalnek
Gerry Chevrier
Charles Baggett
Keith Phillips
Kris Phillips
Jim Marleau
Royal Marshall
Lucille Cobb
Timothy Raymond
Lawrence Clubine
Shirley Russell
Wallace Kanaby
Dany Delaporte
Ron Price
Donald Johnson
Frances Johnson
Clifton King
Elaine Pantak
Jim Weidman
David Hoover
Karen Loerch
Jack Ward
Frank Kopecek
Pauline Kopecek
James Allen
1 CALL TO ORDER
The meeting was called to order at 7:00 p.m. by
Supervisor Van Tassel.
238
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAY, JANUARY'7, 1991
2. PLEDGE AND MEDITATION
The Pledge of Allegiance was led by Treasurer Hall, and
the Meditation was given by Supervisor Van Tassel.
A. MINUTES OF REGULAR MEETING. (1.0117) Moved by
Hall, supported by Spearing to approve the Minutes of
the Regular Meeting of Monday, December 17, 1990 as
submitted. AYES: All. NAYS: None. ABSENT: Rose.
MOTION CARRIED.
B. MINUTES OF SPECIAL MEETING. Moved by Hall,
supported by Spearing to approve the Minutes of the
Special Meeting of Wednesday, December 19, 1990 as
submitted. Discussion. AYES: All. NAYS: None.
ABSENT: Rose. MOTION CARRIED.
4. BRIEF PUBLIC COMMENT
(1.0240) Jill Bastian, 913 Heights Rd., questioned the
status of her request regarding a Temporary Sign
Ordinance. She also questioned whether public comment
would be allowed at times other than under Item 4-
Brief Public Comment or Item 8 - Extended Public
Comment.
Clerk English stated the Public Comment Policy has not
changed at this time.
Bonnie Stickney, 731 E. Clarkston Rd., reported a
street light out at Clarkston and Pine Tree. She also
commented on the location of the Buckhorn Plaza
construction. Ms. Stickney also questioned whether
action had been taken on information regarding air
pollution from the GM plant.
Supervisor Van Tassel stated that her investigation of
available evidence shows that GM is currently in
compliance with air quality standards.
Carl Cyrowski, 559 Central, read a statement which
included comments on the length and conduct of Township
Board meetings and development in the Township. '
239
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, JANUARY 7, 1991
5 APPROVAL OF BILLS
(1.0975) Discussion on the following bills:
Page 1, Lake Orion Schools, Guards
Page 3, Thompson- McCully Co., Baldwin Right Turn Lane
Moved by Spearing, supported by Hall to approve the
bills for payment as follows:
General $ 27,021.48
Fire 1,946.95
Water 2,940.07
Sewer 669.16
Other 14,550.46
TOTAL $ 47,128.12
ROLL CALL VOTE: AYES: Skylis, English, Van Tassel,
Hall, Spearing, Arsen. NAYS: None. ABSENT: Rose.
MOTION CARRIED.
' MASTER PLAN BILLING. (1.1150) Supervisor Van Tassel
summarized her memo regarding billing by Vilican -Leman
for work on the Master Plan which has exceeded the
amount which was originally approved.
After discussion, a Motion was made by Spearing,
supported by Hall to approve payment in the amount of
$6139.70 for work done to date and to approve $3,186
for future work yet to be billed. Further discussion
followed. AYES: English, Hall, Arsen, Skylis, Van
Tassel, Spearing. NAYS: None. ABSENT: Rose. MOTION
CARRIED.
6 PENDING BUSINESS
A. ATTORNEY MATTERS.
1. ORION vs OAKLAND COUNTY BOARD OF COMMISSIONERS.
(1.1630) Parvin Lee, Township Attorney, asked for
direction from the Board regarding the negotiations in
the case of Orion vs Oakland County Board of
Commissioners. Moved by Spearing, supported by Skylis
to go to Closed Session to discuss Orion vs Oakland
County Board of Commissioners. AYES: Arsen, Skylis,
English, Van Tassel, Hall, Spearing. NAYS: None.
ABSENT: Rose. MOTION CARRIED.
ME
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES .
REGULAR MEETING. MONDAY. JANUARY 7. 1991
THE ORION TOWNSHIP BOARD TEMPORARILY RECESSED AT 7:30 P.M. TO
HOLD A CLOSED SESSION. THE REGULAR MEETING RECONVENED AT
8:35 P.M.
----------------------------------------------------------- - - - - --
ORION 83 REZONING.
(1.1733) Larry Garon, Orion 83 Limited Partnership,
requested the Board remove Agenda Item 6 -J, regarding
the rezoning of property at the Southeast corner of
Waldon and Joslyn Roads from OP -1 (Office Professional
1) to RM -2 (Residential Multiple 2), until a full Board
is present. Discussion followed. Moved by Spearing,
supported by English to set over the Orion 83 rezoning
request until there is a seven member Board present.
Eleanor Wolf, 835 E. Clarkston Rd., objected to the
Board delaying action on this matter due to absence of
a Board member. She felt that since a quorum was
present, the Board was not following proper procedure.
In the opinion of Parvin Lee, Township Attorney, the
Board could proceed in this matter at its own I
discretion.
ROLL CALL VOTE: AYES: Arsen, Skylis, English,
Spearing. NAYS: Hall, Van Tassel. ABSENT: Rose.
MOTION CARRIED.
----------------------------------------------------------------
THE TOWNSHIP BOARD TEMPORARILY RECESSED AT 8:90 P.M. TO HOLD A
PUBLIC HEARING IN THE SKALNEK REZONING MATTER.
----------------------------------------------------------- - - - - --
ACTION ON SKALNEK REZONING.
(1.2270) Discussion followed between the Board, Mr.
Skalnek, and citizens regarding the reasons for the
rezoning and deed restrictions in John Winter
Subdivision.
Moved by English, supported by Van Tassel to concur
with the Planning Commission and to deny the requested
rezoning for Skalnek Ford (PC- 90 -26, Lot #35, John
Winter Subdivision,) from R -3 (Residential 3) to GB -2
(General Business 2) for the following reasons as
outlined in the Planning Commission memo* of August 30,
1990: '
1. Request does not follow Township Master Plan Ladd
use - Master Plan shows residential.
241
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY JANUARY 7, 1991
SKALNEK REZONING cont...
2. Property can be used as zoned.
3. Current zoning is not a mistake and is appropriate
in a residential neighborhood.
4. The request would not be consistent in an
established, over thirty years, residential
neighborhood.
5. The buying of residential property for commercial
uses should not be encouraged in the Township. The
Township should protect its moderate homes and
neighborhoods.
6. The neighbors at the Public Hearing all spoke
against this request. A petition with over 118 names
was turned in plus some neighbors at the Hearing didn't
know about petition and wanted to add their names.
7. The request would be precedent setting.
' 8. There is vacant land zoned GB -2 available in the
Township.
9. Traffic, both car and large truck, on the
residential dirt roads would cause more noise and dust
plus a safety hazard for children in neighborhood.
10. The request is not a transitional zone between the
commercial and residential. The request is too
intense.
11. There hasn't been a change of conditions in that
area to support such a request.
Trustee Spearing stated he would like to see a copy of
deed restrictions in the John Winter Subdivision.
Discussion followed.
Parvin Lee, Township Attorney, commented on the uses of
deed restrictions. Further discussion followed on the
buildability of the lot.
The Motion before the Board was reread. AYES: Arsen,
English, Van Tassel, Hall, Spearing. NAYS: Skylis.
ABSENT: Rose. MOTION CARRIED.
242
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, JANUARY 7. 1991
-----------------------------------------------------------------
The Township Board temporarily recessed from 10:02 p.m. until
10:12 p.m.
----------------------------------------------------------- - - - - --
2. CITIZEN REQUEST TO ADDRESS BOARD RE: FIRST SECURITY
BANK. (1.3335) Jill Bastian, 913 Heights, requested
the Township Board direct the Planning Commission to
develop a Sewer and Water plan for the Township in
accordance with the semi -rural Master Plan. Ms.
Bastian referred to Section 10 of the Planning Act
which provides that public works projects be reviewed
and approved by the Planning Commission. She felt that
proper procedures were not followed in the Security
Bank development and other cases. She requested a
response from the Board.
B. FIRE DEPARTMENT MATTERS - NONE.
C. PARKS AND RECREATION DEPARTMENT MATTERS - NONE.
D. POLICE MATTERS - NONE.
E. ASSESSING DEPARTMENT MATTERS. '
1. CONSIDER 1991 -92 BOARD OF REVIEW APPOINTMENTS.
(1.3552) Supervisor Van Tassel referred to her memo*
dated January 9, 1991 regarding appointments to the
Board of Review as required by the Michigan Tax Law.
Moved by Spearing, supported by Hall to concur with the
Supervisor and to appoint the following people to the
1991 -92 Board of Review for a two year term from
January 1, 1991 through December 31, 1992:
James Milford
Linda Fleming
Jesse Garcia
Don Bartus
Ted Rockwell
William Krausmann
Discussion followed. AYES: Hall, Van Tassel, English,
Skylis, Arsen, Spearing. NAYS: None. ABSENT: Rose.
MOTION CARRIED.
F. BUILDING DEPARTMENT MATTERS. '
1. LETTER OF RESIGNATION FROM CONSTRUCTION HOARD OF
APPEALS MEMBER. (1.3711) Moved by Hall, supported by
243
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING MONDAY JANUARY 7 1991
LETTER OF RESIGNATION cont...
Spearing to accept the resignation (letter* dated
December 28, 1990) of Larry Ericksen from the
Construction Board of Appeals, with regrets, and to
request an appropriate letter be sent. AYES: All.
NAYS: None. ABSENT: Rose. MOTION CARRIED.
2. AUTHORIZE REQUESTING DEMOLITION BIDS FOR 1030 S.
LAPEER RD. (1.3885) Supervisor Van Tassel gave a brief
background on this matter. Carl M. Schultz, Inc. has
reassumed ownership of the property and requested an
opportunity to respond to the demolition order which
required demolition to be completed by February 28,
1991.
Richard Philabaum, representing Carl M. Schultz, Inc.,
answered questions from the Board. Discussion followed
on the length of the extension.
Moved by Spearing, supported by English to allow Carl
M. Schultz, Inc. until January 17, 1991 to pull a
' demolition permit and until March 28, 1991 to complete
the demolition and site cleanup. AYES: Skylis, Hall,
Arsen, Spearing, English, Van Tassel. NAYS: None.
ABSENT: Rose. MOTION CARRIED.
3. AUTHORIZE REQUESTING CLEAN -UP BIDS FOR 1655
BROWN RD. (1.4440) Supervisor Van Tassel referred to
a memo* dated January 4, 1991 from Bud Storm, Acting
Building, regarding the property at 1655 Brown Rd.
Alfred Kloss, owner, pulled a demolition permit by
December 3, 1990, as required by Board action, but did
not complete the cleanup by the December 17, 1990
deadline. Discussion followed.
Moved by Spearing, supported by Arsen to authorize
advertising for bids for cleanup of the property at
1655 Brown Rd., with sealed bids due by 4:00 p.m. on
Tuesday, January 22, 1991, with the bids to be opened
at the January 22, 1991 Board meeting, and referred to
the Building Official for recommendation. AYES:
Arsen, Skylis, English, Van Tassel, Hall, Spearing.
NAYS: None. ABSENT: Rose. MOTION CARRIED.
Tom Berger, Building Official, introduced himself to
the audience and the Board.
244
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING MONDAY, JANUARY 7, 1991
G. DPW MATTERS.
1. 1991 WATER AND SEWER BUDGET.
on the next meeting agenda.
--------------------------------------
Moved by English, supported by Skylis
one half hour to complete the agenda.
-------------------------------- - - - - --
H. ADOPTION OF ORDINANCES.
This matter will be
--------------------------
to extend the meeting for
1. AMENDMENT TO ORDINANCE NO. 73 - SOLID WASTE
COLLECTION REGULATION ORDINANCE. (1.5090) Clerk
English referred to her memo* dated January 4, 1991
regarding Section 4.B of Ordinance 73 dealing with
licensing fees. She recommended amending the Ordinance
to increase the fee for registration of Solid Waste
Haulers from $25 to $100 for each truck to cover the
cost of processing applications for licenses. The
proposed amendment has been advertised.
Moved by English, supported by Arsen to amend Section
4.B of Ordinance 73 to increase the annual license fee
from $25 to $100.
Jim Weidman, 2567 Browning, suggested this would be an
appropriate time to rewrite the Ordinance to require
Solid Waste Haulers to provide recycling services to
residents.
Discussion followed on inspection and licensing.
Kim Rossman, OCSD, commented on the inspection process
and enforcement of the present Ordinance.
After further discussion, Clerk English withdrew her
Motion. Discussion followed on amending the Ordinance
at this time to change the expiration date for 1990
licenses to April 30, 1991. The Board will continue to
work on other amendments.
Jill Bastian, 913 Heights, supported Mr. Weidman's
suggestion regarding recycling. She objected to being
penalized by the Township increase in fees when Haulers
pass on the increase to residents.
Jim Marleau, 3181 Sandoval, questioned whether the
Board had considered limiting the number of haulers in
the Township.
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245
' CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING MONDAY JANUARY 7 1991
I. CONSENT AGENDA. (2.160)
REQUESTS TO ATTEND SEMINAR. Moved by English,
supported by Arsen to approve the following requests to
attend seminars:
Treasurer Hall, "Cash Forecasting" seminar in Lansing
on January 10 and 11, 1991, registration and mileage.
Diane Dewey, Treasurer's Office, "Basic Governmental
Fund Accounting" seminar in Flint on January 10,
registration and mileage.
Tom Berger and Bud Storm, Building Department, Annual
Building Officials Conference, in East Lansing on
February 25 -28, 1991, registration, meals, and lodging.
AYES: Spearing, Skylis, Hall, English, Van Tassel,
Arsen. NAYS: None. ABSENT: Rose. MOTION CARRIED.
J. PREVIOUS AGENDA ITEM.
' 1. REZONING REQUEST OP -1 TO RM -2, WALDON AND
JOSLYN RD., ORION 83 LIMITED PARTNERSHIP, PETITIONER.
This item was set over by previous action of the Board
at this meeting.
2. CONFIRM REQUEST TO USE OLD TOWNSHIP HALL. Trustee
Spearing is still looking into this matter.
7. NEW BUSINESS
A. REQUEST TO ABANDON GREENSHIELD ROAD, WEST OF JOSLYN TO
JOSLYN COURT.
(2.0255) The Oakland County Road Commission received a
request to abandon Greenshield between Joslyn and
Joslyn Court. The property on both sides of
Greenshield at that point is owned by Tony Battaglia.
The OCRC asked for input from the Township.
Supervisor Van Tassel stated citizens with beach
property have expressed concerns about accessing the
beach if the road in abandoned.
Sgt. Kim Rossman, OCSD, did not feel there would be
' problems if that section of Greenshield is abandoned
providing there remains access to buildings via
Joslyn Ct.
246
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, JANUARY 7, 1991
ROAD ABANDONMENT cont...
Supervisor Van Tassel referred to a letter* dated
December 11, 1990 from James Deutchman, Lochmoor at
Voorheis Lake, in support of the abandonment in
exchange for improvements (acceleration /deceleration
lanes on Joslyn at Joslyn Ct. and the paving of the
length of Joslyn Ct.) by the owner /developer who is
benefitting.
Constance Cumbey, 3675 Hi- Crest, asked to see drawings
of what was being proposed.
Carl Cyrowski, Realtor, outlined the proposal for
citizens.
Noah Lambert, owner of Haymaker's Restaurant, spoke in
opposition to the closing due of the use of Greenshield
by his customers. He questioned the need for the
closure. Discussion followed.
Jim Marleau, 3181 Sandoval, referred to questions from
Max Maxim, owner of the subdivision next to the beach
property. Mr. Maxim was concerned about the lack of a
turn around for emergency vehicles at the closed end of
Joslyn Ct. Mr. Maxim was also opposed to the
abandonment unless the petitioner brings Joslyn Court
in its entirety up to the County specifications.
Mr. Marleau also stated there is consensus of the nine
homeowners associations to agree to the plan if Joslyn
Ct. is brought up to standards when Greenshield is
abandoned.
Clerk English read a letter* dated January 7, 1991 from
Bill Kalmar, 2897 Orbit Dr., in opposition to the
closing. Discussion followed.
Noah Lambert, Haymakers, requested a report on the
abandonment from the Fire Chief. Further discussion
followed.
Moved by Spearing, supported by Arsen to set a Public
Hearing Monday, February 9, 1991 at 8:00 p.m., to
advertise the Public Hearing, and to request
information from the Road Commission regarding who
would pay for improvements if improvements were made.
AYES: Five. NAYS: One. ABSENT: Rose. MOTION
CARRIED.
C
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247
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, JANUARY 7. 1991
B. REQUEST FOR PRE- APPROVAL FOR CLASS C LIQUOR LICENSE.
(2.1760) Clerk English read a memo* dated January 9,
1991 regarding a request* from David A. Hoover, Hickory
Hoovies Restaurant, for pre - approval for a Class C
liquor license for his restaurant should the licenses
become available in the Township. Clerk English also
referred to Ordinance No. 76 regarding licensing
procedures.
David Hoover, owner, answered questions from the Board.
In the opinion of Parvin Lee, Township Attorney, it
would be premature to take action to pre- approve a
license.
Supervisor Van Tassel gave a brief history of past
practices. Further discussion followed.
Trustee Spearing asked to see documentation from the
LCC stating Mr. Hoover needed pre - approval before
further action would be taken by the Board.
C. PLANNING COMMISSION REQUEST FOR HOLD ON PUD AND RM1 /RM2
APPLICATIONS. (2.2575)
Clerk English read a memo* dated December 28, 1990 from
the Planning Commission regarding holds on PUD and
RM1 /RM2 applications. Discussion followed.
Parvin Lee, Township Attorney, commented on the
legality of holds on applications.
After further discussion, a Motion was made by Hall,
supported by Arsen to concur with the Planning
Commission and to authorize a hold for 150 days on any
new Planned Unit Development and /or RM -1 and RM -2
applications to allow time for the Planning Commission
and the Township Board to process proposed text
amendments for those two sections of the Zoning
Ordinance.
Carl Cyrowski, Realtor, questioned the need for a
moratorium at this time.
Jill Bastian, 913 Heights Rd., commented on the work
overload of the Planning Commission
E81 6
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES '
REGULAR MEETING, MONDAY, JANUARY 7. 1991
PLANNING COMMISSION HOLDS cont...
The Motion before the Board was reread. ROLL CALL
VOTE: AYES: Hall, Van Tassel, Skylis, Arsen. NAYS:
Spearing, English. ABSENT: Rose. MOTION CARRIED 4 -2.
D. COST ESTIMATE - PASADENA PAVING SPECIAL ASSESSMENT
DISTRICT.
(2.3280) Moved by Arsen, supported by Skylis to
receive and file the cost estimate* from the Engineers
for paving Pasadena and to request the attorney draft
the necessary Notice of Necessity Hearing. Discussion
followed. AYES: English, Hall, Van Tassel, Spearing,
Skylis, Arsen. NAYS: None. ABSENT: Rose. MOTION
CARRIED.
E. ROLLING MEADOWS - FINAL PRELIMINARY PLAT APPROVAL.
Moved by English, supported by Hall to concur with the
Planning Commission (memo* dated January 3, 1991) and
to approve Final Preliminary Plat for Rolling Meadows
Subdivision (PC- 90 -41), Township date stamped December '
12, 1990. AYES: Arsen, Skylis, English, Van Tassel,
Hall, Spearing. NAYS: None. ABSENT: Rose. MOTION
CARRIED.
F. RE- APPROVAL OF PLANNERS CONTRACT.
(2.3757) Moved by Spearing, supported by Skylis to
approve the 1991 -92 Vilican -Leman contract and to
authorize the Supervisor and Clerk to sign on behalf of
the Township. AYES: Hall, Spearing, English, Arsen,
Van Tassel, Skylis. NAYS: None. ABSENT: Rose.
MOTION CARRIED.
ADDITIONAL ITEM:
EMPLOYEE COMPENSATION. Discussion occurred on setting
new rates for employee compensation for 1991. Moved by
Spearing, supported by Skylis to set over the matter of
the 1991 Employee Compensation, have the three fulltime
Officials and the Department Head meet to review, and
report back at the January 22, 1991 Township Board
Meeting. Further discussion followed. AYES: Arsen,
Spearing, Skylis, Hall, English, Van Tassel. NAYS: '
None. ABSENT: Rose. MOTION CARRIED.
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES
REGULAR MEETING, MONDAY, JANUARY 7, 1991
G. REQUEST TO HIRE PART -TIME HELP - CLERK'S OFFICE.
This matter was not addressed.
8. EXTENDED PUBLIC COMMENT
Eleanor Wolf, 835 E. Clarkston Rd., requested a
progress report from the Township Engineer on the
restoration of the wetlands on Lapeer Rd. She also
expressed concerns about possible violations of
Ordinance 55 and 92 on the Buckhorn Plaza project.
Bonnie Stickney, 731 E. Clarkston Rd., questioned
whether members of the Board of Review have to live in
the Township. She also requested the Board hold a
Public Hearing before signing the County Solid Waste
Agreement. She then thanked the Board for their
support of the neighborhood in the Skalnek matter.
Jim Marleau, 3181 Sandoval, requested the Board notify
St. Mary's Church, Maxim and Guinn, Haymaker's
' Restaurant, and the Beach Corporation of the Public
Hearing regarding the abandonment of Greenshield Road.
9. ADJOURNMENT
Moved by Spearing, supported by Skylis to adjourn the
meeting. AYES: All. NAYS: None. ABSENT: Rose.
MOTION CARRIED.
THE MEETING ADJOURNED AT 12:05 A.M.
mjs
THIS MEETING IS ON TAPE
*ON FILE IN THE CLERK'S OFFICE
249
Respectfully submitted,
Marie E. English, Clerk
CHARTER TOWNSHIP OF ORION