REGULAR BOARD MEETING

REGULAR BOARD MEETING CHARTER TOWNSHIP OF MILFORD MARCH 16, 2005 PAGE 1 MEMBERS PRESENT: Donald Green, Supervisor; Colleen Schwartz, Clerk; Cynthia Dagenhardt, Treasurer; Trustees Randal Busick, William Mazzara, Dale Wiltse, Brien Worrell John Crowley, Township Attorney; Larry Waligora, Fire Chief; Wayne Walli, Police Chief; Bruce Behrend, Monika Lesinski, Denise Buckley, Township Auditors; Jon Booth, Township Engineer; Richard Shafer, Kensington Metropark Superintendent; Larry Lax, Dick Zanotti, Reggie Carveth, Chris Grzenkowicz, Milton Roberts, Mary Bajcz, Bernadette Walli, Connie Bell, Six Audience Members, Holly Brandt, Recording Secretary ALSO PRESENT: Supervisor Green called the meeting to order at 7:31 p.m. The Pledge of Allegiance was recited. PUBLIC HEARING: GRANT APPLICATION – MICHIGAN NATURAL RESOURCES TRUST FUND (MNRTF) Treasurer Dagenhardt moved, Clerk Schwartz seconded to open the Public Hearing at 7:32 p.m. Vote unanimously carried. Supervisor Green stated the grant, to be submitted by April 1, 2005, if awarded, would provide $400,000.00 toward construction costs. He asked if there were any comments from the public. There was no response from the public. Trustee Wiltse moved, Clerk Schwartz seconded to close the Public Hearing at 7:35 p.m. Vote unanimously carried. CONSENT AGENDA Supervisor Green requested to remove the Approval of Minutes, February 16, 2005 (Regular) and the Historical Weapons Possession & Discharge, Colonial Kensington Program, August 13 & 14, 2005 from the Consent Agenda. REGULAR BOARD MEETING CHARTER TOWNSHIP OF MILFORD MARCH 16, 2005 PAGE 2 Treasurer Dagenhardt moved, Trustee Busick seconded to amend the Consent Agenda as requested. Vote unanimously carried. APPROVAL OF BILLS, MARCH 16, 2005 (REGULAR): Senior Center $ 4,950.06 Fire Department $ 37,240.03 General Fund $218,083.51 APPROVAL OF BOND BILLS: SEMIS Project – HRC, $67,761.29; Tyger Excavating, Inc., $20,812.50; State of Michigan, $103,073.49 REQUESTS, KENSINGTON METROPARK: Fireworks Display Permit, July 4, 2005; Temporary Stage for Detroit Symphony Orchestra Concert, July 9, 2005 ADOPTION, ORDINANCE AMENDMENT 156-A-112, DRY HYDRANTS ADOPTION, ORDINANCE 181, UNIFORM TRAFFIC CODE ADOPTION, ORDINANCE 182, MICHIGAN VEHICLE CODE ADOPTION, ORDINANCE 183, PRIVATE ROADS RESOLUTION OF SUPPORT, MNRTF GRANT FOR THE CONSTRUCTION OF A NON-MOTORIZED TRAIL RESOLUTION DECLARING INTENT TO REIMBURSE FOR EXPENDITURES FROM BOND PROCEEDS – SEMIS RESOLUTION OPPOSING THE ELIMINATION OF THE CDBG PROGRAM INTRODUCTION, ORDINANCE AMENDMENT 156-A-113, SECTION 19-88, SWIMMING POOLS LOCATION AGREEMENT, SUMMER TAX COLLECTION & DISTRIBUTION – HURON VALLEY SCHOOLS AGREEMENT OF CONFIDENTIALITY, MILFORD SANITARY LANDFILL Trustee Wiltse moved, Trustee Mazzara seconded to approve the amended Consent Agenda. Roll call vote: Yes – Wiltse, Mazzara, Busick, Dagenhardt, Schwartz, Worrell, Green. Vote unanimously carried. APPROVAL OF MINUTES, FEBRUARY 16, 2005 (REGULAR) Trustee Wiltse noted a correction to page two, last paragraph, the “no” vote on the motion to approve the request for a Fill & Grade Permit, FG-04-5005, Stuart Leve should read as follows: “No – Busick, Wiltse”. Clerk Schwartz moved, Trustee Wiltse seconded to approve the minutes of February 16, 2005 as amended. Vote unanimously carried. REGULAR BOARD MEETING CHARTER TOWNSHIP OF MILFORD MARCH 16, 2005 PAGE 3 HISTORICAL WEAPONS POSSESSION & DISCHARGE, COLONIAL KENSINGTON PROGRAM, AUGUST 13 & 14, 2005 Supervisor Green explained the request is to suspend the enforcement of current firearms discharge ordinances for a two-day period for Kensington Metropark only. Trustee Wiltse moved, Treasurer Dagenhardt seconded to approve the request as amended. Vote unanimously carried. He noted that he has insurance certificates, which hold the Township harmless for all three Kensington Metropark events. SUPERVISOR’S REPORT Supervisor Green requested to add the following to the agenda at the end of new business: 1. Letter of Support, Friends of Milford Skate Park Citizens Committee 2. Resolution, Authorizing Participation as Pilot Community for the Wireless Oakland Program 3. Appointment, Planning Commission – John Connelly Treasurer Dagenhardt moved, Trustee Mazzara seconded to amend the agenda as requested. Vote unanimously carried. Supervisor Green announced the following: Clerk Colleen Schwartz has been elected Secretary to the Michigan Townships Association (MTA) Board. Senator Nancy Cassis and Representative Chris Ward will be working to assist the township in naming other responsible parties to the Milford Sanitary Landfill located on Old Plank Road. Board of Review is underway this week. Mr. Skip Basil, Board of Review Member, was in a car accident and is unable to attend meetings. The final decision regarding the Pebble Creek Lawsuit will be made on March 28, 2005. FIRE DEPARTMENT REPORT Chief Waligora gave the following report: Runs for the month of February totaled 70, with 138 year to date. The Ice Rescue Training held Sunday, February 20, 2005 with twenty firefighters receiving certification as an Ice Rescue Technician. An April delivery date is anticipated for the new rescue truck. One firefighter is currently enrolled in the Fire Inspection program at Oakland Community College. REGULAR BOARD MEETING CHARTER TOWNSHIP OF MILFORD MARCH 16, 2005 PAGE 4 Chief Waligora stated that poor road conditions throughout the township are having a negative effect on emergency response times as well as wear and tear on fire vehicles. Treasurer Dagenhardt moved, Clerk Schwartz seconded to accept the Fire Department’s report as presented. Vote unanimously carried. UNFINISHED BUSINESS REQUEST ISSUANCE OF BUILDING PERMITS PRIOR TO STONERIDGE ROAD PAVING – LAKES OF MILFORD, PHASE 5 Mr. Reggie Carveth, Toll Brothers, Inc., was present to answer questions of the Board. Supervisor Green stated that the plans for paving Stoneridge Road have been approved by the Road Commission for Oakland County (RCOC). An additional bond amount of $72,500.00, to be issued to the township, is necessary to bring the total road paving bond amount to $260,000.00. He said the township is also holding a reclamation bond in the amount of $250,000.00. Supervisor Green said that an amendment to the Amended Consent Decree (originally dated April 16, 1993) will be filed in Oakland County Circuit Court (Case No. C-32821, before Jessica R. Cooper, Circuit Court Judge), which states: 1. No Certificates of Occupancy shall be issued for lots in Phase V of The Lakes of Milford Development until such time as Stoneridge Road has been paved and accepted for dedication by the RCOC. 2. Stonerdige Road shall be paved by July 1, 2005. 3. Toll Brothers, Inc., shall deliver to the township a Performance Bond for Stoneridge Road in the amount of $72,500.00. 4. Toll Brothers, Inc., shall install the dry hydrant in Phase IV of The Lakes of Milford Development by July 1, 2005. Supervisor Green asked Mr. Carveth if his company agreed with these terms. Mr. Carveth responded in agreement. Trustee Mazzara moved, Trustee Wiltse seconded to grant the request by Toll Brothers, Inc. with the increased bond amount of $72,500.00 and in accordance with the provisions in the amended Consent Decree document. Vote unanimously carried. REGULAR BOARD MEETING CHARTER TOWNSHIP OF MILFORD MARCH 16, 2005 PAGE 5 PROPOSAL, COST REDUCTION & PROFIT RECOVERY SERVICES – ATI The Board briefly discussed the proposal and determined the service was business oriented rather than benefiting municipal government. Trustee Mazzara moved, Treasurer Dagenhardt seconded to not accept the proposal by ATI. Vote unanimously carried. NEW BUSINESS AUDIT REPORT, 2004 – PLANTE & MORAN Mr. Bruce Berend, Ms. Monika Lesinski and Ms. Denise Buckley presented a power-point presentation of the 2004 Audit Report, which included General Fund revenues, and expenditures and various fund balance allocations. Mr. Berend stated the township has received an Unqualified Audit designation, which means the township’s financial condition is in very good standing. Trustee Worrell moved, Trustee Wiltse seconded to accept the 2004 Audit Report by Plante & Moran for filing with the State of Michigan. Vote unanimously carried. POLICE DEPARTMENT REPORT – 2004 Chief Walli gave a power-point report outlining Police Department activities of 2004, which included counts on various types of crime, arrests, investigations and general operations. Treasurer Dagenhardt moved, Clerk Schwartz seconded to accept the 2004 Police Department Report as presented. Vote unanimously carried. DISCUSSION, MASTER WATER PLAN & UPSIZING PIPE – HUBBELL, ROTH & CLARK (HRC) Mr. Jon Booth, Township Engineer, outlined the components of the Master Water Plan and proposal, which included the following: The service area for water distribution would be identical to the SEMIS Special Assessment District (SAD) (Sections 33, 34, 35 and 36), demand determinations, storage requirements and locations, sizing of major transmission mains, well system capacities, Michigan Department of Environmental Quality (MDEQ) requirements, potential phasing implementation, review of current Township Water Ordinance and a conceptual cost estimate of improvements. Mr. Booth recommended the township budget $12,900 for the preparation of the plan. He also noted that the MDEQ may require the township to prepare a water system simulation model (Extended Period Simulation), which he recommended the township budget an additional $4,750.00. REGULAR BOARD MEETING CHARTER TOWNSHIP OF MILFORD MARCH 16, 2005 PAGE 6 Supervisor Green stated that the township must adopt a Master Water Plan prior to establishing a SAD for a water system. The Board and Mr. Booth discussed several facets of establishing a Master Water Plan and installing a water system such as development tie-ins and possible future connection to the Detroit Water System. Trustee Mazzara expressed concern that establishing a Master Water Plan would give developers leverage to argue for a higher density when pursuing residential development within the township. He felt the Master Land Use Plan and the Master Water Plan should compliment each other. Trustee Mazzara expressed a need to update the Master Land Use Plan and make it more defendable prior to creating a Master Water Plan. Supervisor Green noted that a water system would not threaten large lot development like a sewer system can. He said the SEMIS system would be built proportionately to service only the property within the district. Supervisor Green reiterated that the township is bound by a Consent Judgement with Mr. Garrett that specifies that a SAD for a water system be established, which cannot occur until a Master Water Plan is adopted. Mr. Booth concurred that, in his opinion, a sewer system would drive development rather than a water system. The Board and Mr. Booth continued their discussion at length. Trustee Mazzara felt that Mr. Lomako, Township Planner, should be consulted regarding the Master Water Plan’s effect on the Master Land Use Plan. Clerk Schwartz moved, Trustee Worrell seconded to have Mr. Lomako, Township Planner, review the proposal for a Master Water System and advise the Board and the Supervisor to set a special board meeting to review Mr. Lomako’s findings. Vote unanimously carried. SITE PLAN APPROVAL, S-04-5017, HILLS OF STONERIDGE CROSSING SITE CONDOMINIUMS, 16-04-301-001 Mr. Larry Lax and Mr. Dick Zanotti, MILI, LLC, property developers, presented a plan of the development. Trustee Mazzara asked if there were any violations in The Lakes of Milford development in regards to site lighting or screening. Mr. Lax responded that his company has relinquished control of those issues to the subdivision association. REGULAR BOARD MEETING CHARTER TOWNSHIP OF MILFORD MARCH 16, 2005 PAGE 7 Supervisor Green asked if the berms along Commerce Road would be removed as part of the land reclamation requirement after the mining was complete. Mr. Zanotti responded that utility poles have since been placed in the berms and they could not remove the berms. Mr. Lax stated that it’s their intent to grade and landscape the berms to blend with surrounding topography as much as possible. Trustee Mazzara stated that the berm must be in compliance with other berms located in site condominium developments. Trustee Mazzara moved, Clerk Schwartz seconded to approve Site Plan S-045017. Vote unanimously carried. SITE PLAN APPROVAL, S-04-5019, RIVERSIDE COMMONS, CHIPPEWA BUILDING, INC., 16-11-401-009 & -010 Mr. Chris Grzenkowicz, engineer with Desine, Inc., representing the applicant, Chippewa Building, Inc., gave a brief presentation of the project. He explained that the portion of the development located within the township would be a park for the development’s residents with a pond and a soccer field. He noted that the soccer field would not be illuminated. Trustee Mazzara moved, Trustee Worrell seconded to approve Site Plan S-044019, Riverside Commons, Chippewa Building, Inc., 16-11-401-009 &-010 as recommended by the Planning Commission. Vote unanimously carried. SITE PLAN APPROVAL, S-04-5012, STANDARD STANCHION, MILTON ROBERTS, 16-25-100-066 Mr. Milton Roberts, 2149 Fyke Drive, Milford, was present to answer questions from the Board. Supervisor Green stated that it appears that the vacant parcel is currently being used for outside storage, which is not allowed by ordinance. He said that the township couldn’t grant site plan approval if violations exist on the site. The Board and Mr. Roberts discussed his parcel and the adjacent parcel, which was once one parcel. They determined that Mr. Roberts parcel has violations of open storage and no enclosure for his dumpster. The Board also noted that multiple site plan violations exist on the adjacent parcel. Trustee Mazzara moved, Trustee Wiltse seconded to approve Site Plan S-045012, Standard Stanchion, Milton Roberts, 16-25-100-066 with the provisions stated by the Planning Commission’s recommendation as follows: 1. Overhead door must be eliminated. 2. Property is clearly staked. REGULAR BOARD MEETING CHARTER TOWNSHIP OF MILFORD MARCH 16, 2005 PAGE 8 3. Confirmation by Mr. Brandt, Building and Zoning Administrator, that all existing violations are brought into compliance. Vote unanimously carried. DISCUSSION, EXTENSION OF RECREATIONAL TRAIL FROM DAIRY QUEEN TO EXISTING KENSINGTON TRAIL LOOP Supervisor Green stated that there is no trail connection from the Dairy Queen to the park’s trail, which has prompted Kensington Metropark officials to request the township to apply for grant monies, with the Village to act as the administrator for Act 51 purposes. He said the Township Attorney is currently reviewing a threeparty agreement. Supervisor Green stated he would keep the Board abreast of any new developments. FEE INCREASE, CEMETERY GRAVES Supervisor Green proposed a fee increase for graves in both Milford Memorial and Oak Grove Cemeteries, which would be $1,000.00 for non-residents and $350.00 for township (includes village) residents. The Board felt a ninety-day notice should be given. Clerk Schwartz moved, Trustee Mazzara seconded to the fee for the purchase of cemetery graves from $200.00 to $350.00 for township and village residents and from $500.00 to $1,000.00 for non-residents to be effective ninety days from today (June 14, 2005). Vote unanimously carried. PROPOSAL, REPAVING OF CIVIC CENTER PARKING AREAS Supervisor Green stated he received a letter, dated March 10, 2005, from Mr. Arthur Shufflebarger, Milford Village Manager, which outlined a proposal for repaving the entire Civic Center, excluding the fenced area for the Department of Public Service (DPS). The estimated cost for the project is $243,000, to be split evenly between the township, village, and the police department, which is $81,000. Trustee Worrell moved, Treasurer Dagenhardt seconded to authorize the Supervisor to enter into an agreement with the village and police department for the paving of the Civic Center and to amend the budget accordingly. Roll call vote: Yes – Worrell, Dagenhardt, Mazzara, Schwartz, Busick, Wiltse, Green. Vote unanimously carried. FACILITY UPGRADE, HANDICAP ACCIBILITY FOR ENTRANCE DOORS TO TOWNSHIP OFFICES AND SENIOR CENTER Supervisor Green explained that these facilities are used as polling places and therefor must comply with the newly enacted federal Help America Vote Act REGULAR BOARD MEETING CHARTER TOWNSHIP OF MILFORD MARCH 16, 2005 PAGE 9 (HAVA). He said Huron Valley Schools, which has already complied with Americans with Disabilities Act (ADA) requirements, provided a list of companies that install the equipment. Supervisor Green said only one of the two companies he received bids from was able to install the automatic door operators. The following quote was provided by Limited Access: Township Main Entrance $4,082.00 Senior Center Entrance $4,848.00 The Board discussed getting an additional bid for comparison. Trustee Mazzara moved, Trustee Busick seconded to allow the Supervisor to pursue getting another bid and authorize him to make a selection if the bids are comparable. Roll call vote: Yes – Mazzara, Busick, Worrell, Schwartz, Dagenhardt, Wiltse, Green. Vote unanimously carried. APPROVAL, GRANT APPLICATION – MNRTF Trustee Mazzara moved, Trustee Wiltse seconded to approve the grant application for the NMRTF. Vote unanimously carried. INTRODUCTION, ORDINANCE 184, BUSINESS LICENSES The Board discussed several changes they felt would further define the ordinance that was introduced this evening. Treasurer Dagenhardt moved, Trustee Busick seconded to postpone and reintroduce after the requested changes have been made. Vote unanimously carried. STATE OF THE TOWNSHIP DINNER Treasurer Dagenhardt moved, Trustee Worrell seconded to authorize the Supervisor to expend an amount not to exceed $3,000.00 for the annual State of the Township Dinner. Vote unanimously carried. HOUSEHOLD HAZARDOUS WASTE DAY COLLECTION SERVICES – SQS, INC. Supervisor Green stated that this is the 11th year for the household hazardous waste collection program for township and village residents, which is very successful each year. He said Oakland County sent information regarding their program, which was less expensive, but didn’t include collection of electronic equipment and residents would have to travel to a predetermined collection site. REGULAR BOARD MEETING CHARTER TOWNSHIP OF MILFORD MARCH 16, 2005 PAGE 10 Trustee Wiltse moved, Clerk Schwartz seconded to authorize the Supervisor to to enter into an agreement with the village for household hazardous waste collection services with SQS, Inc. Vote unanimously carried. LETTER OF SUPPORT, FRIENDS OF MILFORD SKATE PARK CITIZENS COMMITTEE Treasurer Dagenhardt moved, Trustee Worrell seconded to authorize the Supervisor to write a letter of support for the Friends of Milford Skate Park Citizens Committee. Vote unanimously carried. RESOLUTION AUTHORIZING PARTICIPATION AS PILOT COMMUNITY THE WIRELESS OAKLAND COMMUNICATION PROGRAM Trustee Worrell moved, Treasurer Dagenhardt seconded to adopt a resolution authorizing the Supervisor to sign an agreement to be a pilot community for the Wireless Oakland Communication Program. Discussion on the motion: Trustee Busick asked for a description of the program. Supervisor Green explained that the County Executive has launched a plan for implementing a Countywide a wireless communication system. Vote unanimously carried. APPOINTMENT, PLANNING COMMISSION – JOHN CONNELLY Treasurer Dagenhardt moved, Trustee Worrell seconded to appoint John Connelly to the Planning Commission to fill the vacancy, with the term expiring on December 31, 2006. Vote unanimously carried. Trustee Busick requested to add the following to the agenda: RESOLUTION, NOMINATION OF BARBARA B. YOUNG FOR THE GOVENOR SWAINSON AWARD Trustee Busick moved, Trustee Wiltse seconded to adopt the resolution to nominate Barbara B. Young for the Governor John B. Swainson Award. Vote unanimously carried. CALL TO THE PUBLIC There were no comments from the public. BOARD MEMBERS REMARKS Trustee Busick expressed his frustration regarding all the potholes on the township’s dirt roads. REGULAR BOARD MEETING CHARTER TOWNSHIP OF MILFORD MARCH 16, 2005 PAGE 11 Trustee Mazzara inquired about the status of the trail drawings. Trustee Worrell inquired about left-turn signals for the intersection of Pontiac Trail and Old Plank Road. Supervisor Green responded that it would not be included in the 2005 budget, but it is slated for 2006 (October 1, 2005). Supervisor Green stated that the Federal Emergency Management Agency (FEMA) has been mapping flood plains throughout the County. His office has sent out letters to township residents who are within the mapped floodplain area. ADJOURNMENT Trustee Wiltse moved, Treasurer Dagenhardt seconded to adjourn the meeting at 9:50 p.m. Vote unanimously carried. Charter Township of Milford, Colleen Schwartz, MMC Clerk