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02-17-09 Minutes - Holly Township

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02-17-09 Minutes - Holly Township Powered By Docstoc
					                                                Holly Township
                                         Board of Trustees –Regular Meeting
                                            Minutes of February 17, 2009
   ________________________________________________________________________________________
Call to Order: Supervisor Jesse Lambert called the February 17, 2009 regular meeting of the Holly Township
Board of Trustees to order at or about 6:30 p.m. at the Holly Township Hall, 102 Civic Drive, Holly, Michigan,
48442.

Pledge of Allegiance

Roll Call:
Members Present:                                     Others Present:
Supervisor Jesse Lambert                             Peter Clemens, Holly Village Manager
Clerk Karin Winchester                               Larry Lilly
Treasurer Mark Freeman                               Harland Hyatt
Trustee Janet Leslie                                 Jeff Gerecke
Trustee Steve Ruth                                   Valerie Bouchard
                                                     Douglas Arden
Consent Agenda:

    1.   Agenda Approval
    2.   Approval of Regular Meeting Minutes – January 20, 2009
    3.   Approval of Special Meeting Minutes – January 28, 2009
    4.   Approval of Special Meeting Minutes – February 4, 2009 – if Received
    5.   Acceptance of Financial Statements – January 2009
    6.   Approval of Bills for Payment – February 2009
    7.   Routine reports:
         A. N.O.C.F.A. Draft Minutes – January 26, 2009 and February 2, 2009
         B. Planning Commission Draft Minutes – January 12, 2009
         C. Building Permits – January 2009
    8.   Communications

Clerk Karin Winchester indicated the rezoning request which is New Business item 1 should be moved to item 1
under Old Business so that people who are present concerning that won’t have to stay if they don’t wish to. She
added as the last item under New Business the Board of Review Alternate.

        Clerk Karin Winchester moved to approve the Consent Agenda, as amended. Trustee Janet Leslie
         supported the motion. A roll call vote was taken. Ruth: Yes; Freeman: Yes; Lambert: Yes; Leslie:
         Yes; Winchester: Yes. The motion carried by a 5/0 vote.

Reports:
Supervisor Jesse Lambert stated he is looking forward to the Town Hall Meeting Saturday, February 21, 2009 at the
Holly High School beginning at 3 p.m. It’s open for public comment, the main topic of discussion being police
services. The Board of Trustees would like to know how everyone feels about police services.

Treasurer Mark Freeman indicated he would save his comments for New Business Number 4.
Clerk: No report:
Trustees: No reports.
Holly Township Board of Trustees – Minutes of February 17, 2009                                        Page 2 of 12


Old Business:

    1.   Rezoning Request – Mulch Express, Parcel Numbers 01-12-251-009, 01-12-250-010, and 01-12-250-001
         which are Vacant and Improved Parcels Known as Middleton Sand, Gravel & Nursery, 12166 S. Dixie
         Highway in Holly Township, from AGRE Agricultural Residential to L1 Limited Industrial.

Trustee Steve Ruth noted the request from Mulch Express to rezone from AGRE to L1 came before the Planning
Commission two months ago and a public hearing was held. The matter was discussed at the Planning Commission
meeting last month also. A petition has been received, with approximately 60 signatures, from people who have
property surrounding the mining area expressing their concern about changing the zoning. There were probably 12
to 15 people who spoke during the public hearing in opposition, as well. There was significant concern on the
potential change on the water table or disturbing the aquifer, which would affect wells of many people in the area.
There were comments about potential contamination from runoff of materials stored there that would also affect the
water. There were comments regarding digging too close to property lines, digging too deep and inadequate fencing
for the large drop-offs.

There are questions that should be answered before rezoning is considered. The Planning Commission voted to
recommend to the Board of Trustees to go ahead with the rezoning based on the planner’s recommendation and a
letter from the attorney saying all the requirements have been met. From a legal standpoint it might meet all the
requirements. He questions whether the Board should continue. The Master Plan designates that area to be zoned
Research/Office in the future. Mulch Express has requested to put in a mulching storage area, nursery, et cetera,
which would come under a special use and could be allowed by the L1 designation. It certainly is out of the context
of the intent of the Research/Office area originally thought of or planned for by the Planning Commission years ago
when the Master Plan was adopted.

He expressed concern if the rezoning change were made and the business were allowed to start without reclaiming
the property where the mining is, the mining will go on indefinitely as a partially mined area and another business
and possibly never be reclaimed. The Board should investigate what the process is for reclamation. There are bonds
in case somebody walks away before reclaiming, generally in the 100 to $200,000.00 level. If you’ve seen gravel
pits, it’s not enough to even start reconstruction or reclamation. The Township would then have to pick up the fee if
somebody finishes mining and decides to pull out. There hasn’t been a full inspection making sure all the items that
are supposed to be adhered to are being met; not just by Middleton, but by all mining operations. The renewal of
mining permits will be up in April or May. It would behoove the Township to do an evaluation, get someone out
there to make sure everything is being adhered to.

Clerk Winchester noted the mining permits are not being addressed tonight. Tonight the rezoning is being
considered only. The mining permits will come before the Planning Commission, as well as the Township Board,
addressing any concerns the residents have and there will be inspections.

Trustee Ruth stated with the concerns the residents have and with his concerns regarding what’s going on out there
and what can be done as we go forward, the rezoning should be tabled until more information is received, including
a letter from the DEQ or an inspection by the DEQ to make sure the business being proposed there is okay with the
open water tables that are there.

Clerk Winchester stated the proposed business is allowed under their mining permit right now and not something to
be considered in rezoning. It’s a completely separate issue. Whether it can be rezoned is based on our Master Plan,
per the ordinance.
Holly Township Board of Trustees – Minutes of February 17, 2009                                             Page 3 of 12


Trustee Janet Leslie noted a letter from the planner states the rezoning is consistent with the Master Plan. There are
opportunities to reject proposals for this particular business under a special use, or the mining permit. It seems a bit
inappropriate to reject the request for rezoning if the request meets the qualifications for rezoning.

Trustee Ruth questioned whether an applicant was required to own the property to ask to rezone or whether anyone
could ask for rezoning of any property.

Clerk Winchester stated the applicant has to have an interest in the property, such as an ownership interest or a
purchase agreement.

Treasurer Mark Freeman noted an applicant with a land lease could apply for a rezoning also.

Trustee Ruth questioned why even bother having a vote on it if it’s simply taking an attorney’s recommendation
because it meets the requirements.

Clerk Winchester stated the Board could turn it down but there would be repercussions for doing so.

Trustee Ruth stated he believes the Board would be sending the message that we think this business is okay if the
rezoning is approved.

Trustee Leslie stated requests for rezoning only apply to whether the rezoning is appropriate to the Master Plan.
Even though we know what’s coming and may decide to reject what’s coming, the actual rezoning request is
supposed to be made based on set criteria and not on any particular business or business owner or landowner’s
desires or anything we happen to know about them.

Trustee Ruth indicated he believes the Township is opening the door and allowing something to come in that will
create an environment that is not what the Master Plan intended.

Supervisor Lambert stated denying the applicant rezoning would be walking a double edge sword. You better have
a good reason because if you deny it and legally they can actually obtain it based upon our Master Plan, we’ve
opened the door for a lawsuit. It’s either you allow them to have the rezoning and closely monitor what they do
there through special conditions in a mining permit, special conditions for site approval and code enforcement and
get the control or turn the rezoning down and surely expect some sort of legal action on the applicant’s part,
especially when the Master Plan is clear.

Trustee Ruth indicated the Master Plan indicates Research/Office, which could be included under L1. L1 can be
very broad based on the special uses allowed.

Clerk Winchester stated it is consistent with our Master Plan, per our planner. It’s hard to refute that.

Trustee Ruth stated he doesn’t believe it’s consistent with the Master Plan. It was not the intent of the Master Plan.

Clerk Winchester noted it could be something the Planning Commission could address with the Master Plan
revisions. The Board has to operate under the Master Plan the Township has right now.

Trustee Leslie noted part of the difficulty is the Research/Office zoning is not defined as zoning in the township.

Mr. Douglas Arden stated the Board of Trustees is in error on the mining permit. They have open water without a
permit with the DEQ.

Supervisor Lambert stated the mining permit renewals are coming up soon and conditions can be put in the mining
permit.
Holly Township Board of Trustees – Minutes of February 17, 2009                                       Page 4 of 12


Clerk Winchester stated the DEQ has been out there and the Township is actively looking at the residents’ concerns
at the administrative level within the township. The rezoning application has nothing to do with the mining permit
and nothing can transpire by holding it up or denying it.

Supervisor Lambert questioned if the rezoning were tabled, would anything get done over the next four weeks,
noting Trustee Ruth wanted more investigation done.

Clerk Winchester stated the consultants have indicated residents’ concerns are completely separate from the
rezoning.

Supervisor Lambert questioned if the Township’s engineer went out there and found arsenic in the water and other
environmental issues, the applicant can still come back next month and get his rezoning and nothing has changed; it
can’t be held against the applicant for the rezoning.

Clerk Winchester stated no code violations could affect the decision on the rezoning.

        Clerk Karin Winchester moved to approve the Mulch Express rezoning request for parcel number
         01-12-251-009, parcel 01-12-251-010 and parcel 01-12-251-001, which are vacant and improved
         parcels known as Middleton Sand, Gravel & Nursery from AGRE to Limited Industrial because it is
         consistent with the Master Plan. Trustee Janet Leslie supported the motion. A voice vote was taken;
         there were three votes yes, two votes no; the motion carried by a 3/2 vote.

    2.   Town Hall Meeting

Supervisor Lambert noted two things were E-mailed to Board members, a pamphlet and a partial survey. He is
proposing to provide these to residents at the Town Hall Meeting on Saturday.

Trustee Ruth stated if the Township decides they want to do a survey, the Board needs to reflect on what questions
will be asked. He questioned whether the Board was ready to do a survey at this time. It has been discussed in the
past that a survey go out in the tax bill or some other time to the whole township, which he believes would be a
better option.

Clerk Winchester agreed with Trustee Ruth’s comments.

Treasurer Freeman stated he doesn’t support a survey at this time. He believes it’s premature.

Trustee Leslie stated it isn’t premature. One of the missing elements of the research is asking the entire Township
what they would like as far as police services and giving everyone equal input. So far they’ve been able to reach
people who have an interest in it, which will give you a skewed view. It was suggested to her today that sending it
with the tax bill would be a major deterrent to approving anything that might involve a tax increase. She wouldn’t
want to offend anyone by sending a bill and then asking them to pay more. That could be the feeling people would
get. The Township knows they’re not asking anyone to do anything, they’re only trying to assess their expectations
of police service, which is far beyond offering any services.

Treasurer Freeman noted the Board would not be asking them to increase their taxes, they would be asking them if
they would want to vote on a millage increase.

Clerk Winchester noted the Board has not been able to sit down and discuss what kind of questions should be on a
survey. She would like the survey to be effective and formulated to get the right information. The Town Hall
Meeting may give the Board an indication of the types of questions that would be on a survey. There might be other
questions after the Town Hall Meeting the Board may decide they want to ask.
Holly Township Board of Trustees – Minutes of February 17, 2009                                            Page 5 of 12


Trustee Leslie noted the Board will get an idea if there is a sense of urgency on the part of the residents, as well, and
whether the survey should be sent out before the tax bill or to wait. She noted Trustee Ruth has provided the Board
with suggested survey questions. She has some she would like to share with the Board, as well. She agrees with
Clerk Winchester that the Board doesn’t have a survey yet. She would like to see that happen by July at the latest
but the Board has to sit down and work on it. The purpose of it shouldn’t be to ask are you satisfied with your
services or not because we don’t know the level of knowledge that any particular resident has of the service they
have. There are people who believe the Village of Holly Police Department is their police department. You can’t
make the assumption that they know what they have and ask them are they happy with it. The only thing you can
ask is what are your expectations and see where the Township is in meeting those expectations.

        Clerk Karin Winchester moved to deny taking a survey at the Town Hall Meeting February 21, 2009.
         Treasurer Mark Freeman supported the motion. A voice vote was taken; all those present voted yes;
         the motion carried.

Supervisor Lambert noted the pamphlet contained basic statistics for the Michigan State Police with a history of the
post and basics about the current level of service residents get.

Trustee Leslie stated she would not support the pamphlet as it’s written. She believes it only gives part of the story.
Part of the concern is response time and there is no mention of Chief Lintz’s concerns about delayed response time.
There may be an assumption that people have read the newspapers and know about it. There should be some
mention of that so residents are aware that’s an issue. There is no mention of the number of mutual aid calls made
by the Village of Holly Police Department and Oakland County Sheriff’s Department. Close to 10 percent of calls
are actually responded to by other agencies. Residents need to understand the limitations of the state police. They
probably should be informed that sometimes other people are paying for responses within our community; be it
someone who is contracting for police services with the County and troopers are sent from another community or
from the Village. Those things need to be included.

Supervisor Lambert stated he tried to fit as much as he could in the pamphlet without having people not want to read
it because it’s too much and without leaving anything out that’s crucial. Mutual aid statistics could be added.

Trustee Leslie stated there will be township residents who live in the village in attendance and it might matter to
them.

Clerk Winchester noted she agreed with Trustee Leslie that we either have all of it or none. It should be none at this
point as the Town Hall Meeting should be regarding all concerns of all residents. It’s not an informational session.
When and if there is an informational session at a town hall meeting, it should be at a later date and there should be
an invitation survey, and then give residents the information.

Trustee Leslie stated she is not opposed to the pamphlet as long as the pamphlet contains as much information as the
Board knows. That would be useful because everyone will be coming with a different level of knowledge. But care
should be taken to get all the facts the Township knows in there.

Treasurer Freeman stated either there is a pamphlet the Board is ready to approve right now for Saturday or, if not,
then let’s move on.

Trustee Ruth stated he liked the idea of the pamphlet noting upcoming meetings, the web site address, rules during
the meeting, just that type of information.

Treasurer Freeman suggested that could be stated verbally at the beginning of the meeting.
Holly Township Board of Trustees – Minutes of February 17, 2009                                           Page 6 of 12


Supervisor Lambert agreed he could make a statement at the beginning of the meeting. People can also use the
suggestion box. The e-mail list will be circulated if anyone wants to be added to the Township’s e-mail list, along
with a few other ideas that will be thought of in the process of setting up.

Trustee Ruth noted anything the Township has been provided is available for residents.

Clerk Winchester stated information can be provided by mail or e-mail if there are questions at the meeting.

Supervisor Lambert noted the Town Hall Meeting is a government being transparent. This is allowing people to
have information without them having to extend effort to get it. They’re coming to the meeting already.

Treasurer Freeman noted the Town Hall Meeting is not exclusively concerning police services. It’s an opportunity
for the public to come forward and speak their piece on any issue that they choose to. The Board’s obligation is to
listen to them so their voices become part of the public record. Then at a later date the Board can review the public
record and review what they said and decide if there’s any course of action the Board should take.

Clerk Winchester stated the Board should be able to answer any questions with facts if they have facts.

Trustee Ruth stated the Board can explain this is a fact-finding mission and they don’t have all the answers right
now.

Supervisor Lambert stated he is confident enough to go into the meeting with the pamphlet. Why Board approval is
needed to disburse information seems a bit petty, but the Board wanted it.

Clerk Winchester noted everything on the pamphlet is not all factual information.

Treasurer Freeman stated any information released to the public will require approval of the Board, or at least a
majority.

        Clerk Karin Winchester moved to deny disbursing the pamphlet at the Town Hall Meeting.
         Treasurer Mark Freeman supported the motion. A voice vote was taken; there were four votes yes
         and one vote no; the motion carried by a 4/1 vote.

    3.   Proposed Amendment to Holly Township Code of Ordinances – Chapter 32 Zoning Ordinance, Article IV
         Supplementary Regulations, Section 32-162 Grange Hall/Fish Lake Overlay District.

Trustee Ruth stated this amendment would give the Planning Commission discretion to allow a deviation from the
original text regarding the percentage of parking spaces allowed in the front yard of a business.

        Clerk Karin Winchester moved to approve the amendment to Holly Code of Ordinances, Chapter 32,
         Article IV, Supplementary Regulations Section 32-162 Grange Hall/Fish Lake Overlay District.
         Trustee Steve Ruth supported the motion. A voice vote was taken; all those present voted yes; the
         motion carried.

New Business:

    1.   Amendment to Holly Township Code of Ordinances – Planning Commission Ordinance

Clerk Winchester stated this ordinance would allow the Township to comply with the new Zoning Enabling Act.

        Clerk Karin Winchester moved to approve the amendment to the Holly Code of Ordinances, the
         Planning Commission Ordinance. Trustee Steve Ruth supported the motion. A voice vote was
         taken; all those present voted yes; the motion carried.
Holly Township Board of Trustees – Minutes of February 17, 2009                                        Page 7 of 12


    2.   Holly Area Youth Assistance Membership – Proposed Resolution 2009-02

Clerk Winchester stated Mark Freeman has been appointed to the Holly Area Youth Assistance Board, and Youth
Assistance has requested the Board do a formal resolution.

        Clerk Karin Winchester moved to approve the Holly Area Youth Assistance Membership Proposed
         Resolution 2009-02. Trustee Steve Ruth supported the motion. A voice vote was taken; all those
         present voted yes; the motion carried.

    3.   2009 Poverty Exception Guidelines – Proposed Resolution 2009-03

Clerk Winchester stated this is done on an annual basis. The guidelines usually change every year. It was suggested
by Oakland County that the Township make it a blanket resolution to adopt the annual poverty exception guidelines
so the Township won’t have to do it every year and it will automatically update.

        Trustee Steve Ruth moved to approve Poverty Exception Guidelines, Proposed Resolution 2009-03.
         Clerk Karin Winchester supported the motion. A voice vote was taken; all those present voted yes;
         the motion carried.

    4.   E-Commerce Agreement and E-Commerce Proposed Resolution 2009-04

Treasurer Freeman indicated this would allow taxpayers to pay their taxes on-line with an electronic check or with a
credit card. There are approximately five or six contracts through the County that the Township has to sign to enter
into this. They are all in the board’s packets. He has researched this thoroughly and attended two meetings at
Oakland County regarding it. There are many communities who already offer the service. It’s something voters
would appreciate as a convenience. The resolution authorizes the Township to sign these contracts. He noted he’s
also in the process of getting the operations of the treasurer’s office up-to-date with the VSA software used through
the County. It will make that portion of the treasurer’s office more efficient.

        Clerk Karin Winchester moved to approve the E-Commerce Agreement and E-Commerce Proposed
         Resolution 2009-04. Trustee Steve Ruth supported the motion. A voice vote was taken; all those
         present voted yes; the motion carried.

    5.   Emergency Management Coordinator – Proposed Resolution 2009-05

Clerk Winchester stated this is for the approval of the County plan. The Township can make their own plan or use
the County’s emergency plan, in addition to naming one of the Board members the emergency management
coordinator, a liaison between the County and the Township. In the past the Township has had to have someone
certified in order for the Township to receive any emergency management funds, FEMA funds. Clerk Winchester
has taken the appropriate classes to make sure the Township was certified at their level. Anybody can be appointed
as long as one or more Board member stays certified. She suggested Supervisor Lambert be the emergency
management coordinator and there would also be an alternate person. Anyone in that position should take the
classes, as well. There is a 100, 200, 300 and 700 class. She has done the 100, 200 and 700 classes.

Mr. Peter Clemens, Holly Village Manager and emergency management coordinator for the Village, noted the level
300 course is going to be taught to Village of Holly personnel in the upcoming months. The 100, 200 and 700 can
be done on-line. The 300 class has to be done by a certified responder.

Trustee Ruth questioned whether the Township would have been eligible for any funding for the tornado that went
through the area last year or whether it would have to be a worse emergency.
Holly Township Board of Trustees – Minutes of February 17, 2009                                        Page 8 of 12


Clerk Winchester noted the Township did receive funding. They wouldn’t have had they not done the appropriate
steps. Appropriate action has to be taken to get those funds. The fire authority received them.

        Clerk Karin Winchester moved to approve Supervisor Jesse Lambert as emergency management
         coordinator, Proposed Resolution 2009-05. Treasurer Mark Freeman supported the motion. A voice
         vote was taken; all those present voted yes; the motion carried.

    6.   National Incident Management System – Proposed Resolution 2009-06

        Clerk Karin Winchester moved to approve the National Incident Management System, Proposed
         Resolution 2009-06. Treasurer Mark Freeman supported the motion. A voice vote was taken; all
         those present voted yes; the motion carried.

    7.   Board of Review Alternate

Supervisor Lambert recommended the Board to conditionally appoint Mr. Chuck Stoner to the Board of Review as
an alternate, pending his decision to accept. He spoke with him before but was unable to get a hold of him today for
final confirmation.

Clerk Winchester noted she has spoken to him and he has told her over several years that he’s interested.

Supervisor Lambert stated the Township has Mr. Stoner’s resume and he was one of the initial people to interview
for the first opening. It’s become apparent the Township may need an alternate.

Clerk Winchester noted the Board of Review meets the first two weeks of March so the alternate needed to be
appointed before then.

        Trustee Janet Leslie moved to appoint Mr. Chuck Stoner as Board of Review alternate, pending his
         acceptance of the appointment. Clerk Karin Winchester supported the motion. A voice vote was
         taken; all those present voted yes; the motion carried.

Public Comment:

Mr. Harland Hyatt, 6160 Belford Road, questioned how the public can make comments at Township meetings. Do
they look at the agenda and send in written comments prior to the meeting, because right now it seems like the
public can’t talk until after the Board has passed zoning approval. When do residents get to comment prior to the
Board making approvals?

Clerk Winchester stated there is a process through the Planning Commission. A 300 foot notice is mailed to
residents who live within 300 feet. There is a publication in the newspaper to receive written and verbal comment at
a public hearing at the Planning Commission. The record of the Planning Commission and the public hearing is
given to the Township Board with any additional comments. The Township Board reviews everything in their
Board packets.

Mr. Hyatt indicated they had gone to the Planning Commission meeting and were told they couldn’t make
comments other than what pertained to the zoning. They were also told at the meeting Mulch Express was already
issued a mining permit, even though they didn’t own the property. Tonight the Board stated the public could
comment prior to issuing a mining permit, but the mining permit has already been issued.

Clerk Winchester stated the mining permit will be up for review soon. It’s a yearly renewal. Mulch Express does
not have a 2009 mining permit. The Planning Commission will have a public hearing for the renewal of mining
Holly Township Board of Trustees – Minutes of February 17, 2009                                         Page 9 of 12


permits. It’s usually April, sometimes even May if all the right information isn’t received from the applicants.
There will be public hearings regarding the mining permits within the next three months.

Mr. Hyatt questioned whether Mulch Express was allowed to continue bringing their material into the site, even
though they’re in violation of the current mining permit?

Clerk Winchester stated they are not in violation of the current mining permit that the Township is aware of.

Mr. Hyatt indicated he has a letter from Ms. Laura DeVault stating that they’re in violation of the mining permit by
bringing the material in.

Clerk Winchester stated it was identified by the DNR that it was not a violation. The Township is in the process of
checking all that internally. That would mean their existing mining permit would be suspended if they are in
violation.

Trustee Ruth stated as he understands it the DNR made that finding based on somebody explaining to them what
was going on and no on-site visit was done.

Clerk Winchester stated the DNR has indicated they did an on-site visit and the Township also did an on-site visit.

Mr. Hyatt stated he talked to the folks in Oakland County and at the state level and all their communication is by
letter. No one has gone out to verify, nor do they intend to go out and verify. He doesn’t believe anybody has gone
out there to verify except Supervisor Lambert and another person or two.

Supervisor Lambert stated the DEQ won’t go out there just because Supervisor Lambert went out there and says
there is something wrong. The Township’s engineer is the trained professional that would go in and say something
is not right here, I’m going to have to take samples or I’ll have to come back for more tests. The mining permits are
the Township’s check valve for the mining facilities. The current mining permit says the Township can do
inspections three times a year. The next inspection is coming up in March, well before the issuance or the potential
issuance of the next mining permit.

Mr. Hyatt stated the letter sent by Ms. DeVault was based on the Township’s engineer thinking they were in
violation.

Clerk Winchester stated she would review it further in the morning and address it.

Mr. Hyatt stated the letter indicated to a Mr. Reeves they were in violation based on an inspection by the
Township’s engineer and one other person. The Township has given them the zoning. He heard them say at the last
meeting that they didn’t plan to put the material on the area they’re going to mine. There are three parcels there.
When the issue came up about this big pile of material out there, the answer he got back was, well, they didn’t plan
to mine that area so they felt justified in doing that because it was adjacent to the area they were going to mine.
He’d like the Township to consider if they’re not going to mine the area but create a new business on it, the area
should be reclaimed prior to them starting the new business or there will never be reclamation.

Supervisor Lambert stated if the mining is done, the area should be made to look nice. He will check with the
Township attorney regarding it.

Mr. Hyatt stated what the pamphlet said regarding the town hall meeting is to have discussion with the public about
fire and police and after that meeting you’re going to talk about other issues. The pamphlet would have been very
appropriate because that’s the main topic of what you’re going to be talking about.
Holly Township Board of Trustees – Minutes of February 17, 2009                                         Page 10 of 12


Mr. Douglas Arden, 12248 South Dixie, stated the Township attorney and the Township engineer are never at the
meetings. He questioned what the business’ name was that requested the zoning. If it’s Mulch Express, LLC, it’s a
non-registered entity, null and void. If it’s Mulch Express Limited, that is a registered name. Mulch Express is also
a front company for Dixie Highway, LLC. They say they’re going to mine 40,000 cubic yards of gravel from the
land out there. If you scooped up every piece of topical earth on that ground, ran it through a screening machine and
shaker and got the gravel out, you would be lucky to get 40,000 cubic yards once. Where are they going to get it?
They’re going for the aquifer, just like South Flint. They intend to go into what your Master Plan says you are going
to protect for the people, the groundwater.

Supervisor Lambert noted Mr. Arden makes a valid point. When the Township engineer goes out, and the mining
permit has a certain amount of cubic yardage they intend on mining, Supervisor Lambert will ask the engineer if it’s
feasible for them to scoop out that much right now.

Mr. Arden stated the big hill was the only hill that had gravel and it’s been gone for 25 years. For some strange
reason it seems that the engineer has asked you for an environmental impact study. Is it just to cover his ass so he’s
not liable and the Township is the only one left liable, or does he really have a concern that maybe this property that
is scraped to the aquifer really isn’t fit for light industrial zoning? The ponds over at South Flint, adjacent to the
residential property, does enough sub strata lie over those ponds between that and the well and is there enough
ground surface for bacteria and other pathogens to die before they reach the wells? Are those wells protected from
bacteria and pathogen contamination or are they too close? They’ve dug quite deep in those ponds.

Clerk Winchester stated the Township’s engineer will be here when the Planning Commission addresses the mining
applications.

Supervisor Lambert stated he has Mr. Arden’s brother John’s e-mail address. He will pass on the engineer’s
comments to his brother.

Mr. Arden stated he’s glad the Township has a Master Plan and the Township takes the responsibility for the
groundwater because that makes the Township liable. Mr. Ford has covered his butt. The Township is now liable,
and you better figure it out.

Mr. Larry Lilly stated he’s been hearing about mining problems for going on ten years. Nobody follows up. Light
industry zoning for a hole in the ground should be a red flag waving. They tried to get rezoning to light industrial on
East Road and the Board put a stop to that. There are 10,000 residents in the township, we all live in the township.
The village has two and a half square miles. You have your consultants here and your attorneys. The Board
members’ job is to support the 10,000 residents. He’s heard so many times, they’re going to sue us, you can’t do it.
You take a stand for the residents. If they’re going to sue you, the residents will support you because you’re
supporting the residents. You have to support these people. You’re not doing it. They’re coming here time and
time again for public hearings. He knew exactly what was going to happen with it a couple weeks ago, it was
supported. You should have never okayed light industry.

Mr. Jeff Gerecke, 6194 Belford, stated in the almost nine years he’s lived on Belford, every year he becomes a little
more wise concerning these issues at hand. He blames himself for not getting more serious about it sooner because
just in the last three meetings he sees that residents seem to be unheard and he can see violation upon violation. He
used to turn the other cheek because he’s a builder by trade and a mason by trade, he understands this is a process of
building. He also understands the standards that he has to be held to. When there are things that are not being done,
he’s accountable and he’s charged and he pays penalties not down the road, but as they occur. Three times a year
you have the right to be looking into things concerning mining. Do residents have the right to have the information
as it’s presented? If they’re doing wrong, does the public not have the right to have the information? What’s it
going to take to really hold them to the standards that they need to be held to going forward?
Holly Township Board of Trustees – Minutes of February 17, 2009                                         Page 11 of 12


Supervisor Lambert stated the Township has check valves. While the Board did approve the zoning tonight, when
they come around for their mining permit or any site plan approval, the Township can attach conditions which
would allow the Township to send their engineer out there, three, six, twelve times a year to check on these places to
make sure that everything is kosher with them. It is the Township’s responsibility as a government to make sure that
happens. Has it happened in the past, he’ll leave that up to everybody else. Is it going to happen in the future? As
long as it’s on his watch, it is. It’s in public forum and has been copied down. If there are three inspections a year,
Supervisor Lambert will use them.

Clerk Winchester stated there are several mechanisms the Township can use to enforce the outlying conditions and
violations.

Supervisor Lambert stated he understands everybody’s concerns regarding the zoning change to light industrial.
The Board is allowed the mechanism of mining permits and site plans to keep these businesses in check when they
do come in. It’s up to the Township to do it, they’re elected leaders. He doesn’t intend on letting the responsibility
slip away. Other people might, but please don’t compare any of the Board members to them.

Mr. Hyatt stated he has a copy of the letter Ms. DeVault sent to Mr. Reeves and he would like Supervisor Lambert
to take a look at it to track it down.

Trustee Leslie stated the approval of the rezoning is not an approval on the Board’s part of the business that exists
there or any activities, whether they are in violation or not. That’s not what the approval is. It is the Township’s
obligation to follow certain qualifications for rezoning requests. The Board can’t veer from that, even if they may
not want a particular business to move forward or they have to keep an eagle eye on a certain business. The
Township can’t vary from the qualifications. In certain circumstances that could be interpreted as giving preference
to one applicant over another. In this step of the process, the Township has to follow the law.

Trustee Ruth noted the Board could have delayed it to find out more information before accepting it.

Trustee Leslie stated this step of the process wouldn’t have been effected by the delay.

Trustee Ruth stated it may have been, we don’t know.

Ms. Val Bouchard stated that someone told her if they were in violation of the Consent Judgment, how could they
pass the rezoning. She believed it should be tabled to a later date. She appreciates the Board. She hopes justice will
be done for the residents. This doesn’t just effect them, it effects everyone who has a well that draws from the
aquifer. If it’s right here in Holly, it effects everybody 360 degrees around. One aquifer goes into another aquifer.
We want to try to do the right thing. She hopes the Board will do the right things for the future. It sounds like
Supervisor Lambert is trying and it sounds like he wants to help the residents and that’s a good thing. She doesn’t
know about the laws. Her question is if they are already in violation of the Consent Judgment, how can rezoning be
passed? Couldn’t you have just tabled it, just check it out with the engineer?



Clerk Winchester stated it’s very clear the Board cannot put any other factors in consideration of a rezoning,
including the Consent Judgment.

Ms. Bouchard stated she saw railroad ties which have creosote in them. Her husband is also a builder and he also
has to follow rules. These men get punished if they’re out of line with building. Her husband has to know all this
stuff and he gets punished if he’s out of line. Hopefully you all can right a wrong. Six years ago her husband and
her bought their dream home and wanted to retire there and enjoy their children and grandchildren and they still do.
That’s their hope and prayer. We really hope you can take up our defense. These people are telling her nothing has
Holly Township Board of Trustees – Minutes of February 17, 2009                                       Page 12 of 12


been done in all these years. It’s very refreshing to hear that Supervisor Lambert wants to do something right on
behalf of all these residents. She’s excited something may be getting done the right way for the residents and the
land. We want the land to be beautiful, we want it to be put back. John Arden says they’ve raped the land and she
believes they have. She saw it with her own eyes.

Mr. Douglas Arden stated if the Township finds that Mulch Express applied for this under a non-existent entity
name, they would like to have this pile of rubbish removed from the premises before you allow them to resubmit for
a zoning change.

Ms. Bouchard stated it shouldn’t be just bulldozed over and more dirt piled on.

Mr. Arden stated he is not against Mulch Express on the zoning, he’s against limited industrial because it allows too
many types of industry in there that could have spills or runoff to contaminate the aquifer. He wants to hear from
the engineer.

Adjournment: Supervisor Jesse Lambert, hearing no other business, adjourned the meeting at 7:45 p.m.

Zo Turner, Recording Secretary
Holly Township

Karin Winchester, CMC
Holly Township Clerk

				
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