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080105 Pub Hrg LO Canals 2 CostCHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES, PUBLIC HEARING, MONDAY, AUGUST 1, 2005 The Charter Township of Orion Board of Trustees held a public hearing on Monday, August 1, 2005, at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. The public hearing was held to provide an opportunity for the property owners and members of the public to offer comments related to the cost estimate and work plan for the control of nuisance aquatic weeds /algae through chemical application of Lake Orion Canals #2 Special Assessment District. BOARD MEMBERS PRESENT: Dywasuk, Young, Bastian, Garlicki, Gibb, Steimel ABSENT: Gingell OTHERS PRESENT: Linda Bellaire Dennis Gustafson Brad Ross Carol Binggeser Judith Hatton Nancy Ruppert Erik Binggeser Hugh Hatton Adam Stanley Rock Blanchard Scott Hazelton Dave Stanley Stephen T. Bonkowski Cynthia Hund Mark Stein Joe Bowen Lillian Hutchison Dick Sullivan Sandy Boyle Colleen Jabczenski Christine Tucker Francis T. Brennan Rick Kalso Jean Turner Susan Brennan Ken Kimble Jill Verros Linda Crane Ken Marick Scott Walters Jim Crimando Terry Marick Ken Wilamowski Mark Cynowa Judi Mayer Sharon Salvador Terry Cynowa Gail Novak Kristin Bricker Kolb Ed Fleming Edward Peters Peter Willman John S. Germain Jordan Quick Nick Guevarra Leslie Rose Supervisor Dywasuk convened the public hearing at 8:15 p.m. He stated that the Work Plan is to improve the quality of the Lake Orion Canals by the control of nuisance aquatic weeds /algae. He noted that the Cost Estimate for 2006 is $14,565 and, on a ten -year plan, up to $15,979. Yearly figures are for treatment cost plus the $400 permit application fee. An invoice for an expert witness in the amount of $240, received tonight, will be added to the total cost prior to spreading the roll. The amount of total set -up fees is $1,024.38. Copies of the Work Plan & Preliminary Cost Estimate are available. Dr. Doug Pullman, Aquatic Management Services, Inc., provided those present with information regarding his credentials and presented a brief overview of the necessity for aquatic plant management. Dr. Pullman indicated that some of the root causes of a disturbed system include recreational use, alteration of shorelines and water levels, pollution by phosphorus that enters the water, and invasion of exotic species. Lake Orion is a fairly disturbed system that will manifest weed growth. The more disturbed systems will be more receptive to the invasion of noxious plants and algae. From the perspective of supporting a more stable ecosystem, supporting CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES, PUBLIC HEARING, MONDAY, AUGUST 1, 2005 property values, and supporting some issues of public health, a Special Assessment District would provide management of the canals. Ken Wilamowski and Linda Bellaire, 1210 Lake Shore Blvd., stated their property is located next to Indianwood wetlands; they don't get treated because they are too close to wetlands. Mr. Wilamowski suggested they either receive the treatment or, if not, they should not be charged. Ms. Bellaire noted she has developed carpel tunnel from continuous raking of the waterfront. Scott Hazelton, 1004 Arbroak Way, stated his residence is the first house in the SAD. He requested that he be excluded, as his father was previously, because he doesn't have a weed problem at his location. [Clerk Bastian instructed Mr. Hazelton that, if he wishes to be excluded, he must submit his request, including name, address, and date, in writing, tonight.] Linda Crane, 1016 Arbroak Way, stated she lives next door to Scott Hazelton and doesn't have a weed problem. She requested to be excluded. [Supervisor Dywasuk told Ms. Crane that, as the Clerk indicated, if she wished to be excluded, she must submit her request in writing tonight Dave Barnes, 1080 Leidich, stated he was involved in the last SAD. There are approximately 120 homeowners on the canals and, in his opinion, approximately 10% are in opposition. Mr. Barnes noted the homeowners support the SAD because it supports their property values and they would like to ask the Board for their recommendation to support the homeowners. Joe Bowen, 1054 Leidich, stated he is in favor of weed control and supports the SAD. The number of total homes involved is 126, with 5 or 6 against the SAD. Mr. Bowen indicated the majority of homeowners support the SAD and, without weed control, the canals would get clogged. He is asking the Township not to get involved with the chemical process, because the DEQ is required to do that; but rather for the Township to help logistically in collecting the funds for the treatments. What the homeowners do not want is to treat the water like it was fifteen (15) years ago by people haphazardly putting chemicals in the water. The homeowners want to pursue permits and do it legally because it will be the safest way, from a public health, welfare and safety perspective. Cynthia Hund, 1290 Heights Road, stated approximately 50% of the Heights Road residents are in attendance at this meeting and all are in favor of the SAD. She indicated that prior comments by two residents of Arbroak Way appear as though they are not willing to share the same property values with the majority of people who have newer homes; she has observed them raking weeds on their properties. Ms. Hund said she is in favor of the SAD. Dick Sullivan, 1042 Leidich, said he is in favor of the SAD and requested Board support. Christine Tucker, 1100 Leidich, President of the Marina Park Homeowners Association, stated she has signed documents from all 132 homes in the Association for this year's treatment plan. Ms. Tucker noted that in addition to letters received by the Township prior to this meeting, she has nine more received from Lake Shore Blvd. She submitted photos to the Board for their review. Ms. Tucker indicated that home values were researched from recently sold homes in the area and the average value of a standard home, not on the water, is approximately $412,000, with 2 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES, PUBLIC HEARING, MONDAY, AUGUST 1, 2005 home values on the water at approximately $540,000; therefore, if a home on the water is deemed not waterfront- accessible to the lake, the value could decrease by over 30 %. Brad Ross, 1150 Arbroak Way, stated he is in favor of the SAD. Jim and Colleen Jabczenski, 1088 Arbroak Way, noted they are in favor of weed control but there are other methods of doing it, such as harvesting, aeration, etc., as opposed to the use of chemicals. Mr. Jabczenski wanted the Board to understand that many of the people have city water and chemicals in the water don't affect them; however, he has a well on the lakeside of his property. His daughter was diagnosed with Hashimoto's disease one year after they moved in, although he can't contend that the chemicals caused it. Chemicals were dumped in the water this year and they were not notified until after the treatment had been done. A note on their light post stated they couldn't water their lawn for 7 -10 days. Their garden has been contaminated from water pumped out of the lake and he thinks there are other ways of handling weed control. He suggested that in the future, the Township consider putting in city water and sewers. Ms. Jabczenski stated they are against SAD and want their home at 1088 Arbroak Way to be excluded. Clerk Bastian indicated that Township Board members were provided with copies of written correspondence received as of noon on July 27, 2005 and with additional correspondence received since that time. She noted that the record would reflect those in favor and those opposed. In Support: Frank Mustazza, 1151 Arbroak Ct. William Porritt, 1266 Heights Road Gary and Susan Halverson, 1115 Arbroak Way Maurice and JoAnn DeBell, 375 Bay Pointe Road Randall & Judy Brewer, 365 Bay Pointe Road Larry & Nancy Ruppert, 1254 Heights Road Richard and Marjorie Sullivan, 1042 Leidich Cynthia Hund, 1290 Heights Road Ray Behling, 1314 Marina Pointe Blvd. Frederick & Annette Fieber, 1434 Heights Road Judi Mayer, 1410 Heights Road Christine Tucker, 1100 Leidich Melissa & Robert Fox, 1079 Arbroak Way Bradley & Ann Ross, 1150 Arbroak Way William & Amy Cole, 1386 Heights Road Eugene & Mary Lou Rutt, 1066 Leidich Richard & Patricia Kalso, 1099 Leidich Mark & Theresa Cynowa, 1338 Heights Road Francis & Susan Brennan, 1350 Heights Road Hugh & Judith Hatton, 1326 Heights Road John & Gail Ryan, 1112 Leidich 3 CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES, PUBLIC HEARING, MONDAY, AUGUST 1, 2005 Michael & Faith Justin, 355 Bay Pointe Daniel & Gloria Monaghan, 1103 Arbroak Way John Germain, 1127 Arbroak Way Gerald & Nancy DuFresne, 1162 Heights Road Rich & Tracey Wessel, 1230 Heights Road Norene Costanzo, 1030 Leidich Bill & Nancy McGuckin, 1111 Leidich P. Walker, 1413 Marina Pointe Blvd. Kenneth Kimble, 1198 Heights Road Stephen Bonkowski, 1139 Arbroak Ct. Kenneth & Maria - Celina Schaffer, 1088 Leidich Joe Bowen, 1054 Leidich Mauro Nobili, 385 Bay Pointe David Barnes, 1080 Leidich James Whitalec 1263 Lake Shore Blvd. Kevin & Carol Cotter, 1067 Arbroak Way David & Leslie Rose, 1091 Arbroak Way Ed & Mary Kay Fleming, 1399 Marina Pointe Blvd. David & Kim Schuster, 1422 Heights Road Tom & Kelly Vigilant, 413 Joslyn Rd. Kirk Morris, 1387 Marina Pointe Blvd. Mark Stein, 1328 Marina Pointe Blvd. Richard Gillette, 1315 Marina Pointe Blvd. Opposed: Linda Bellaire & Kenneth Wilamowski, 1210 Lake Shore Blvd, if they receive no benefit. James and Colleen Jabczenski, 1088 Arbroak Way Scott Hazelton (submitted written objection to being included in SAD) Linda Crane (submitted written objection to being included in SAD) Scott Hazelton, 1004 Arbroak Way, noted that he was submitting pictures of his property with his letter of opposition. Mr. Hazelton invited anyone on the Board to visit his property and observe that he does not have a weed problem. Christine Tucker, 1100 Leidich, stated, for clarification, that in regard to prior comments regarding no notification of weed treatment being done, she was providing a copy to the Township of a letter dated June 19, 2004 that she delivered to every address of residents who elected not to participate in the weed treatment program. The letter informed residents that the treatment flier would still need to be posted even though they would not receive treatment, to inform them of the treatment of surrounding areas so that they could abide by the water usage restrictions, as appropriate. Ms. Tucker indicated that sometime, due to the weather, it is not known exactly when a treatment will occur; sometimes it is known only a few days before or a short period ahead of time. M CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES MINUTES, PUBLIC HEARING, MONDAY, AUGUST 1, 2005 James Jabczenski, 1088 Arbroak Way, stated, in response to Ms. Tucker's comments, that the letter was delivered at 6:00 p.m., after the treatment had been done that afternoon. He said that people need to be notified well in advance. Seeing and hearing no citizens interested in providing further comments related to the Cost Estimate of the proposed Lake Orion Canals #2 Special Assessment District (SAD), Supervisor Dywasuk adjourned the public hearing at 9:00 p.m. Jill D. Bastian, Clerk Gerald A. Dywasuk, Supervisor Charter Township of Orion Transcription: Sharon Salvador