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HomeMy WebLinkAboutInterlocal Agreements - 2016.10.06 - 31122 August 16, 2017 Michigan Department of State Office of the Great Seal Richard H. Austin Building, 1st Floor 430 W. Allegan Lansing, MI 48918 Dear Office of the Great Seal: On October 6, 2016, the Board of Commissioners for Oakland County entered into an agreement per MR #16264 Sheriff's Office-Agreement Amendment #1 for Law Enforcement Services in the Charter Township of Lyon 2016. As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed Contract with Oakland County and Township of Lyon and the authorizing Board of Commissioners Resolution are enclosed for filing by your office. Send confirmation of receipt of this agreement to: Mr. Joseph J. Rozell, Director of Elections Oakland County Clerk/Register of Deeds County Service Center, Building #12 East 1200 N. Telegraph Rd. Pontiac, MI 48341 (Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing purposes.) Contact our office at (248) 858-0564 if you have any questions regarding this matter. Sincerely, COUNTY OF OAKLAND Joseph J. Rozell Director of Elections Cc: Pat Davis, Corporation Counsel, Oakland County Deanna Fett-Hylla, Corporation Counsel, Oakland County Dale Cunningham, Business Manager, Oakland County Sheriff’s Department Lannie D. Young, Supervisor, Township of Lyon Enclosures Charter Township of Lyon Board of Trustees October 3, 2016 Page 1 Charter Township of Lyon Board of Trustees Regular Meeting Minutes October 3, 2016 Approved: November 9, 2016 The meeting was called to order by Supervisor Young at 7:00 p.m. Roll Call: Lise Blades Patricia Carcone Michele Cash John Dolan John Hicks Sean O’Neil Lannie Young Guests: 40+ Also Present: Chris Doozan, McKenna Associates Matt Quinn, Township Attorney Leslie Zawada, Civil Engineering Solutions, Inc. APPROVAL OF CONSENT AGENDA Approval of Special Meeting Minutes of August 19, 2016 Approval of Regular Meeting Minutes of September 6, 2016 Approval of Disbursements Building Department Report for August 2016 Engineering Report September 2016 Fire Report August 2016 Oakland County Sheriff’s Tri Annual Report Zoning Report September 2016 2017 Annual Permit for Work on State Trunk Line Right of Way Motion by Cash, second by Carcone To approve the consent agenda as presented. Roll Call Vote: Ayes: Hicks, Carcone, O’Neil, Cash, Dolan, Blades, Young Nays: None MOTION APPROVED ANNOUNCEMENTS AND COMMUNICATIONS Trustee Hicks reported in 1863 on this day President Lincoln declared the last Thursday in November to be Thanksgiving Day. Also, on this day in 1995 former football player OJ Simpson was found not guilty for the murders of his ex-wife and her friend. The City reported at their last meeting is having PBS do a 30 minute segment and it will be filmed soon to catch the fall colors. Charter Township of Lyon Board of Trustees October 3, 2016 Page 2 CALL TO THE PUBLIC Alice FitzGerald – She provided an update for the Library and explained she is on the Library Board. Two sub committees were formed to take things to the next level after the millage did not pass. Radha Kshirsagar – She is the chair of South Lyon Area Youth Assistance and explained they have been in the community since the 1960’s. She thanked the Board for their past sponsorship dollars. She asked that they continue thinking of them during their budget review. . REPORTS DDA – None Fire Chief – Chief Van Sparrentak reported that the Halloween Party will be held on October 29, 2016. He also provided an update regarding the consolidation talks with South Lyon. Sheriff – An update was provided regarding the suspicious person at Carriage Club and there is a candidate, Deputy Biggers, for the school officer position starting in January. Planning Commission – Treasurer Carcone gave an update regarding the Planning Commission meetings. ZBA – Trustee Hicks gave an update regarding the last ZBA meeting. . Park Advisory Board – Trustee Hicks reported a presentation was provided regarding the layout of two baseball fields and the path around the park was discussed. They also will be requesting money from the Township Board for grant matching. The electronic sign was also discussed as well as a trail head park. Bike repair stations were approved for the trail. A successful disc golf tournament was held and there were many compliments on the course. Trustee Hicks also mentioned Chief Van Sparrentak was selected to be a guest speaker in Oklahoma City in December and he thought that was wonderful that he was selected. APPROVAL OF AGENDA Supervisor Young added setting a date for the budget workshop to agenda. Motion by O’Neil, second by Carcone To approve the agenda as revised. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED UNFINISHED BUISNESS A. Proposed Text Amendment; AP-16-25 Drive-Through and Drive-In Regulations Ordinance No. 06-16 – Second Reading Charter Township of Lyon Board of Trustees October 3, 2016 Page 3 Mr. Doozan explained the first reading was done and it is now in proper form for consideration. There are no changes from the last meeting. Motion by O’Neil, second by Hicks To adopt Ordinance No. 06-16. Roll Call Vote: Ayes: Hicks, Young, Carcone, Dolan, O’Neil, Cash, Blades Nays: None MOTION APPROVED NEW BUSINESS A. Rathmor Park Phase 3 Planned Development – 2nd Preliminary Review Representing Rathmor Park: Randy Wertheimer Whitney Findlay Andy Milia Mr. Doozan reviewed the McKenna Associates memo dated September 28, 2016. He explained that one of the most important considerations in any Planned Development is the permitted density. As noted previously, fifty units are proposed in Rathmor Park 3, 17 more units than permitted under conventional zoning according to Parallel Plan 1, representing a 51.5% increase in density. On the subject of density, the plan is also in conflict with the recently adopted Master Plan amendment, which calls for 41 units on the subject parcel under the Single Family Residential A designation. A tree survey and plan and architectural guidelines are still required. As noted, variations from setback requirements are proposed. Although the requested front and side setback variations are not unusual and have been granted in the past, the perimeter setback variation is out of the ordinance with respect to what has been approved previously. Although minor, there are three revisions to the landscaping plans that are required. Ms. Zawada referenced the CES memo dated September 30, 2016. Her major concerns were as follows: 1. The developer shall contribute cash to the Township Bike Path and Sidewalk Development Fund in an amount to be determined by the Township Engineer in lieu of constructing the path along Napier Road or the pathway shall be constructed as part of the plan. 2. An offsite extension of water main will be required for this project to loop the system. Easements will be needed across an adjacent parcel(s) to extend to Johns Road. 3. An offsite extension of public gravity sanitary sewer will be required to serve the westerly half of this project. A pump station and force main are proposed to Charter Township of Lyon Board of Trustees October 3, 2016 Page 4 continue south along Johns Road, and the pump station will need to be designed to handle the entire district including the parcel north of lots 1-9 in accordance with the Sewer Master Plan. This is a public benefit. Mr. Milia provided a power point presentation giving an overview of the site. He explained some of the changes are that they reduced the number of lots from 54 lots to 50 lots, the cul de sac was pulled back to maintain the significant common area and buffer wooded areas are maintained. One of the very significant amenities is the pump station and it is a significant public benefit. Mr. Wertheimer gave a brief account of recent home appreciation and it has made Lyon Township one of the most sought after communities to live in. He asked that the 50 lots in Phase 3 be approved based on the merits and continuity, and because the parallel was not required for Phases 1 and 2. Trustee Hicks commented with all of these people they need more park lands. There were over 1000 kids that signed up for the junior league baseball and they lack fields to play on. All of these homes develop the need for the parks. He felt it would be nice if they could get $200,000 and earmark it for the park on Milford Road. Trustee O’Neil stated he had some concerns with the density and felt there should be more public benefit since these homes will not sell for less than $500,000 or $600,000. Trustee Blades agreed with Trustee O’Neil she cannot get past the density bonus. Trustee Dolan questioned how Phase 3 could look correct without keeping the consistency from Phases 1 and 2. Mr. Wertheimer commented it would look very odd to have the 3rd phase be so different from phases 1 and 2. Trustee Blades stated that homes should be removed to mimic the existing two phases. Treasurer Carcone explained she is not an advocate of the density but is willing to make it consistent with the other phases. She also agreed with increasing the donation for public benefit since it is money that they could really use to benefit the Township and she would agree with putting that towards the park. Supervisor Young explained they are about what is the best use of the development and he would agree that this is the end of the 20% type bonuses, and he would like to see this development be continuous. Clerk Cash stated that she agreed that the development should be consistent with phase 1 & 2. Mr. Wertheimer stated that he is willing to increase the donation to $175,000 if it is earmarked to go to the parks. Motion by Hicks, second by Cash To approve Rathmor Park Phase 3 Planned Development including the Charter Township of Lyon Board of Trustees October 3, 2016 Page 5 $175,000 donation that will be earmarked for the park and all of the requirements in the McKenna Associates memo dated September 28, 2016 and CES memo dated September 30, 2016. Roll Call Vote: Ayes: Hicks, Cash, Young, Dolan Nays: Blades, Carcone, O’Neil MOTION APPROVED B. All American Storage – Special Land Use; AP-15-66b Mr. Doozan reviewed the McKenna Associates memo dated September 28, 2016. He reported that the Planning Commission found that the proposed self-storage facility satisfies the special land use criteria. Consequently, at their September 26 meeting, the Commission approved a motion to recommended approval of the special land use to the Township Board. Motion by O’Neil, second by Dolan To approve All American Storage, Special Land Use AP-15-66b. Roll Call Vote: Ayes: O’Neil, Young, Dolan, Carcone, Cash, Hicks, Blades Nays: None MOTION APPROVED C. Variance Request from the Water Utility Ordinance; PC Servers & Parts Ms. Zawada introduced Matt Diffen who is representing the owner Darin Zygner. He is requesting a variance from the Engineering Design Standards for the requirement that hydrants shall be arranged so that all exterior parts of a building are within 250 feet of a building. Mr. Diffen explained that there are two hydrants located on Grand River frontage but they fall short of the requirements outlined in the Township’s Design Standards. Due to the long configuration of the existing building and the location of the reconstructed parking lot along the west side facility there is no practical means of meeting this requirement. He also noted that this is a Township standard and is not a requirement of the International Fire Code as adopted by the State of Michigan Chief Van Sparrentak explained that he did visit the site and he has no objection to the variance. If there was a change of use they would be part of that review and make changes as needed. Trustee Dolan asked what would be the liability to the Township. Mr. Quinn explained if there would be a motion to grant the variance it would be subject to the owner Charter Township of Lyon Board of Trustees October 3, 2016 Page 6 assuming all risk and liability for the shortage of the hose. Ms. Zawada explained that a hydrant usually costs between $2500 and $3000 and water main pipe is probably $60.00 to $80.00 a foot. The owner just reconstructed the parking lot and he is in a time crunch for this expansion because his building is full. Motion by Carcone, second by Blades To grant the variance as requested by the applicant’s Engineer letter dated 9/26/2016 with the property owner assuming all liability that may be caused by the granting of the variance holding the Township harmless therefrom and also this variance is limited to the current use of the building. Roll Call Vote: Ayes: Young, Carcone, Hicks, Blades, Cash, Dolan, O’Neil Nays: None MOTION APPROVED D. Huron Valley Guns & Indoor Range – Special Land Use; AP-16-33b Representing Huron Valley Guns & Indoor Range: Ed Swadish Mr. Doozan reviewed the McKenna Associates memo dated September 27, 2016. As required a public hearing was held on September 26, 2016. Eleven people commented on the proposal, three of whom expressed support for the gun range. Those who expressed concerns have children who attend Dolsen Elementary School and feel that the facility will be too close to the school. They fear that the gun range will bring armed patrons into the area, endangering their children. They also expressed concerns about lead pollution and noise. The Planning Commission recognized that the proposed shooting range complies with eight of the nine special land use standards. It is not in compliance with the criterion that deals with compatibility with the Master Plan, but this is an issue that requires action by the Planning Commission now that the parcel has been sold. The Planning Commission acknowledged the concern of the parents, but concluded that the measures proposed by the gun range would provide a safe environment. Consequently, the Planning Commission approved a motion to recommend approval of the Huron Valley Guns & Indoor Range to the Township Board, subject to final site plan approval. Mr. Swadish stated that the distance from the range to Dolsen Elementary school follows all federal laws and guidelines and is not unusual. The distance from the road is 1631’ compared to Target Sports in Keego Harbor that is 890’ away from the nearest school, Action Impact in Redford is 1372’ from the nearest school and Peacemaker in Howell is about 1200’ from a school. Most of these ranges have been in business for quite some time and there hasn’t been an issue. Active shooters do account for 4% of all school deaths. Shooters that come from a range contribute zero because it hasn’t happened. He stated the biggest dangers at schools are the school buses, with 40% of all school deaths are due to buses. Charter Township of Lyon Board of Trustees October 3, 2016 Page 7 Mr. Swadish explained this is a 6 million dollar range with high end quality materials and will be state of the art. He explained there is also a 10’ moat that divides their area from the bike trail. All top end ventilation design is the best they can get. The air will leave their building cleaner than what came in; it is like one large surgical room. There is a considerable amount of steel at the back end of the building for the bullet trap. They also spent extra money for a dust collection unit. Mr. Necci reviewed the floor plan of the building. He briefly reviewed the safety standards that will be in place inside the range. There will also be a range master and two range officers that govern the shooting area. Mr. Necci explained that the room is a fish bowl which has view of all the ranges and there is a range master that will be in that room at all times. There is a control point at the entrance, maintained from an observation post in the facility and there is no way for someone to get out of that area without going through a control point. Clerk Cash asked if the parking lot will be monitored and recorded. Mr. Swadish stated yes. Clerk Cash asked how noisy the units for cleaning the air will be. Mr. Swadish stated it will be below an ambient noise level with mufflers and filters. Trustee O’Neil stated he is not familiar with construction of these and he questioned what kinds of standards are followed. Mr. Swadish stated there is a NSSF 5 star standard and they meet or exceed all of those. Mr. Necci explained that the Department of the Interior, the NRA and several agencies has published standards for indoor gun ranges and all of those were researched. Trustee O’Neil questioned how the inspections will be done to make sure that the standards are held to the ones they are proposing. Mr. Necci stated that he didn’t know if any of the agencies had inspection services and felt that it may end up being the local building department to inspect the building. Trustee O’Neil asked how often do they replace the filters and how long do the traps last and how is the Township involved. Mr. Swadish stated that the trap has a 20 year lifetime and it will be inspected visually on a weekly basis and inspected by Action Target once per year. The filters get changed as the pressure in the building drops. If they don’t change the filter then the smoke doesn’t leave the building. Trustee O’Neil asked how the shooting will be monitored and someone possibly coming into the range with a round that could compromise the design standards. Mr. Swadish stated that if someone brings their own ammo in then it’s tested with a magnet to make sure there is no steel. Trustee O’Neil stated that he isn’t convinced this makes sense in this location. There are other ranges in the area and the one that comes to mind is the outdoor range near to where his kids go to school. He stated they are asking them to trust this will be run in a certain way and that’s where some of his concern is. Sales are one thing but the use is another and he is questioning the need for this type of use. Trustee Blades confirmed with Mr. Swadish that his current location near a school in Milford has not increased lock downs at the school. Trustee Blades asked if there have been any crimes committed. Mr. Swadish stated there have not been any crimes committed, no accidental discharge, no police have been needed. All guns are brought into the store in cases and it is a law that the firearm is in a case. Trustee Blades Charter Township of Lyon Board of Trustees October 3, 2016 Page 8 questioned the lead concerns. Mr. Swadish stated that there won’t be any need for concern regarding the lead, their filters pick up 99.97% of all lead particulates without their special dust collection system. Treasurer Carcone asked for an explanation of the policy for someone who wanted to rent a gun. Mr. Swadish explained anyone who wants to rent a gun has to be 21 years or older and Huron Valley Outfitters has decided they won’t rent a gun to anyone who hasn’t passed a NICS, to pass a NICS you have to buy a gun and then they can rent a gun, and they have to be a member. Most of the rentals will be test drives to see if they want to purchase and do not have a full round of ammo. Mr. Swadish stated the lane is $16.00 for an hour and a rental is $20.00 and probably $25.00 in ammo and $5-10 in targets. He also explained that the membership procedures include being willing to submit to a background check and they have to tell if they are a felon or not and provide their ID. Mr. Swadish explained that the police training is state of the art and they bring their own instructors. They have a big door that will allow a police car onto the range, strobe lights on the targets and not many places have decent training facilities. This will have 27 pre-programmed scenarios and teaches them drills. Several municipalities will use this at least 6 times a year. Trustee O’Neil questioned if the applicant would be willing to move the building further south on the property and to the east further away from the west property line and so the lanes are facing southwest as opposed to directly west. Mr. Swadish stated it would delay them quite a bit, the reason they had the building positioned that way is so it will look good from either side of the ring road or Grand River. Mr. Necci also explained that the ring road location is not a certainty and presents a big unknown. Mr. Swadish stated any change would be very difficult to do at this time. There was brief discussion regarding the flight pattern. Motion by Hicks, second by Carcone To approve the special land use AP-16-33b for Huron Valley Guns and Indoor Range subject to the conditions of the McKenna Associates letter dated 9/24/16. Resident – She has two school aged daughters that attend Dolsen. She is concerned about their safety and well-being having this facility by the school. She is not against guns but the range should be somewhere else. Sean Bradley, 27303 Benjamins Way – He also has a child at Dolsen. The concept of safety is a perception. People can argue NRA concepts and safety considerations but the people that have to go through this are the parents, kids and teachers that have to work at the school. They have the most direct line of site to this. He is a gun owner. As a business owner, why wouldn’t you pick a place that wouldn’t be a detriment or a fear. He is in favor of the business concept but this is not the right location. S.T. Johnson 23555 Currie – He is a 30 year resident and he has seen this community grow and prosper and he is very pleased with that. He is very confident of the safety Charter Township of Lyon Board of Trustees October 3, 2016 Page 9 aspects that have been presented and he could see no reason not to build it. He supports it 100%. Don Perfetto, 24861 Douglas Drive – He is a 50 year resident and has hunted most of the grounds around here. He would like to see this for his benefit and his children. He also has a six year old in the school system and he has no issues. He thinks it’s a good thing to bring into the community. Mike Samluk, 30395 Ridge Ct – He commented that he has 4 children and all of them have gone through Dolsen. Regardless if he had kids there or not he felt that the due diligence has been done for those that wanted to use the business. He is for the concept just not the location. Steve Ross, 27458 Cromwell Road, Novi – He has been to Action Impact gun range and it’s a great sport. His wife works on the playground and his daughter goes to that school. As much as they are pro-gun they are afraid. Can there be more officers at the school to protect them. John Krueger, 26165 Spaulding Road – He stated there is a new school going in his backyard and he wished it was the gun range. He has two young boys. He thought there were many that supported this but are afraid to say they do. Resident – He has been here 30 years and raised 5 kids. He understood the fear of a gun range, but fear is contagious. Look at the project, the safety the logic itself. Juliann Sleek, 28506 Cottage Lane – She has been a resident for 8 years. Their two children have attended Dolsen Elementary since kindergarten. Times have changed and every day she prays that her kids are safe and return home to her care. She commented how she remembers picking up her kids from school that day and how scared she was to return them to school on the Monday after Sandy Hook. Today she asked that the Board vote no against the Huron Valley Gun Range and take the opportunity to find a location to move it to. If this decision is made to allow the gun range they are putting the safety and well-being of 560+ children at risk. Tim Stotler 23526 East Lebost, Novi – He is in full support of the range. There are more questionable particulates come off the kite fest than this range. His children aren’t here, his boys are hunters and firearm owners and they enjoy shooting in an indoor range. This location would be nice as opposed to going somewhere else. He is in full support. David Smith, 55655 Pontiac Trail – He stated that this gun range has no business being next to a school, how about keeping this business away from their kids. The fact that he’s shooting from east to west is a very big insult to him. Regardless of the business he thinks he will get from the area, he doubted he would get any business from the parents of Dolsen Elementary. He clearly picked this area to live in because he loved the school system and loved the area. By sticking a gun range in this area he didn’t ask for that. His son does not want to have guns around his school either. Charter Township of Lyon Board of Trustees October 3, 2016 Page 10 Andrea Cerney, 5140 E. Bourne, Novi - She is a practicing and licensed psychologist and a Dolsen parent. In recent years, in the field of psychology research has shown that more than half of Americans will experience one or more mental illnesses in their lifetime. Primarily things like anxiety, depression and most of them are no danger to society but some of them are. Most of these people have a history of a mental health diagnosis. If you think everyone that is going to walk in and out of that building is a safe and healthy gun owner you are wrong. She has no problem with the safe gun owners. Do the right thing for these kids and relocate it. Stacey Kempski, 27572 Belgrave Pl., Novi – She has a son at Dolsen now and will have a special needs daughter there in 2 years. She is concerned with pollution, noise and questioned what the accountability is that the filters are kept up and to keep them from not leaking. She provided a petition where they gathered 226 signatures in 2.5 days. The object of the open meetings act is for the public to have comments and for those comments to be considered. The applicant changed the web page after saying he had 90 days of approval in 30, why change it if there was nothing wrong with the original one. She is not against the facility but it needs to be moved away from the kids and it would make everyone feel safer if it was located somewhere else. Shanna Render, 27629 Albert, Novi – She is a Dolsen parent. She provided copies of other parent’s emails that could not attend the meeting and read them. The main concerns were the location of the business not the business itself and the safety of the children. Brandy Ward, 58285 McCormick Ct – She felt compelled to give her thoughts. It is short sighted of this Township to put their children at risk in pursuit of tax dollars. She has grave concerns with the proposal to sell firearms on the premises. Many facilities do not rent because of the risk of the lack of background checks and relying on the staff of the range to use their best judgement. She suggested having the owner install cameras at Dolsen. Schools are an attractive soft target filled with our most vulnerable citizens. Jessica Bodine, 27536 Harrington Way, Novi - She is also a Dolsen parent. She is not against this facility but against the location. This was a wrong decision selling this land to a gun range. Due to the flight pattern if they can’t move the facility, why this piece of property. The school is going to keep the portables; they will be at 93% capacity with the portables. She is an educated gun individual. She thinks where they are putting this is unacceptable. They also have to remember the teachers and faculty. She questioned who will continue mandating this to make sure all the rules are followed. Jeff Eason 30182 Magnolia Drive – He commented that years ago he was called to go to a business on Grand River where Mr. Swadish was assembling 100’s of bicycles to be given away to the kids in Detroit. Mr. Swadish is a family man and he has done his due diligence to make sure the facility is safe around children. He is for the range being in Lyon Township. Becky Rapp, 26370 Great Plains Drive – She felt if they were hearing the residents that elected them that they are not against the facility but are against the location. They all take every precaution to keep their kids safe, so why would they take an extra risk Charter Township of Lyon Board of Trustees October 3, 2016 Page 11 with firearms around their kids. When he goes to get the archery range approved, that will be outdoors. She didn’t trust that this special land use is supposed to be compatible to adjacent uses. She asked that they think about the liability. Andrea Ray, 30439 Ridge Court – She stated she would like to commend Trustee Blades and O’Neil for coming up with a compromise on how to try and keep this community together and to come up with a solution on how to incorporate a successful business that will grow their community while making the rest of the community feel safe. She enjoyed living here and promotes it, but she asked that they take a step back and see how they can collaborate together and solve this issue. She is not comfortable with the location. John Alexander, 30627 Rainbow Drive – Next door to a school there are a certain things that can’t be built, if he is wrong he would like to see that proven to him. Maybe the owner could be a corporate sponsor Dolsen never had, make Dolsen the school everyone wants to go to. If this building was a coffee shop he doubted anyone would complain, if it was a McDonalds some people would complain, if it was a Lovers Lane at least the kids could pick out mom and dad’s Christmas gifts. There should be a line drawn of what can be next to a school. He felt the line has been crossed and he hoped that each one realizes. Kurt Radke, Cypress - He is a member of the community for 7 years and is a member of the Planning Commission. There is not a person on the Planning Commission or on the Board who isn’t concerned about kids or what’s happened at some schools. There is a lot of emotion around our children, but he has to try and separate what the real issues are. He asked two people to come back to the podium to articulate exactly what they are concerned about at the Planning Commission meeting. There is a need, the number of CPL’s is incredible in Michigan and they are concerned with the moral decline and want to protect themselves, so that’s unfortunate. One of the positives is that there will be so many additional police officers in the facility. A bullet will not leave the range and get outside the building. The more good people that are trained and know how to handle a weapon the safer we’re all going to be. He appreciated the families and kids and he is wrestling with this too. Jay Howie, 29955 Lyon Center Drive – He is the chairman of the DDA and he wanted everyone to know that all the Boards have looked at this plan inside, outside, down, up, side to side and it’s not about the tax dollars, it’s about a business that fits their community and fits that piece of land. They should all remember that this building is bullet proof. There is an open air range by a school right now and it’s never been a problem. The facility is about training police and to handle and shoot safely. Supervisor Young stated there is a lot of emotion regarding this. There are differing views of what is safe and what is not. School shootings examples have nothing to do with a gun range. Trustee O’Neil commented that his concerns are compatibility, detrimental effects, and need. Trustee Dolan stated this is a tough thing because of the parents concern for their Charter Township of Lyon Board of Trustees October 3, 2016 Page 12 children. He thinks it better if people are educated and he felt there is a need for a gun range but he questioned if this is the right location. He has no doubt that it’s completely safe and he didn’t believe there would be nut jobs but he understood the concern. Treasurer Carcone stated that property was purchased to ensure the ring road. The FAA changed the restrictions. She is not a gun person and she started to think about it and the people she has talked to want it. She is probably more of a yes than a no. Clerk Cash commented that at the beginning of the meeting she was a big yes, now after hearing all of the concerns from the parents it’s a tougher decision. The building itself is very safe, we shouldn’t have to worry about that person who could have a mental break down, but a lot of people do and that could happen anywhere, anytime. Trustee Hicks stated that the likelihood of the scenarios he heard are more likely to happen at any other business than here, you can never predict what can happen but they let emotion rule in this situation. Trustee Blades stated that they keep talking about location and she thought she understood why. She questioned the free weekly kid classes. The noise, the air, the lead have all been addressed and she is satisfied with that. She is very much in favor of having a law enforcement training facility in their community and thought it was an asset. She is a teacher and practices lock down drill with her students regularly and quite frankly she would feel safer if she had this facility located by her work. Both of her children attended Kent Lake and it is on the east side of Island Lake which allows hunting. She would see hunters while standing on the playground with her children and truly never once was she concerned with her children’s safety. She does understand the opposing viewpoints and she is a bit torn because she sees the logic and she is really unsure about the location Supervisor Young explained that this land was not for sale. He explained that this property is located in the Edge District. He stated that he couldn’t be more emotionally concerned about everything that he heard about tonight. He has been here 30+ years with 7 grandchildren. The association with all of the tragedies and people who have criminal minds and mental health issues that were able to get their hands on guns, he can’t make the correlation at all with what’s being proposed here. He noted there have been banks that have been robbed and people that run out with their guns and that endangers everyone. He sees no safety issue at all being in this location. There is no increased risk for our students whether this range is here or not but he does see an increase in police presence and it will tell the world that New Hudson is not the place to come for crime and he is very much in support of this. Mr. Swadish stated they will provide a free class once a week for kids who don’t have a parent to teach them how to shoot. If the kids have an interest to use a safe fire arm this class is an option. Roll Call Vote: Ayes: Hicks, Blades, Young, Cash, Carcone, Dolan Nays: O’Neil MOTION APPROVED Charter Township of Lyon Board of Trustees October 3, 2016 Page 13 E. Consideration of an Industrial Facilities Tax Exemption Application for SW North America Representing SW North America: Mark Reichenbacher Fred Dillingham Mr. Reichenbacher explained this is a German machine tool and automation company intent on establishing a light industrial facility in the US to reduce time to market by localizing their tech services, engineering, assembly, automation, tooling and controls. The real property value is $7,406,043. This will be their world headquarters. He provided a short overview of the company’s history. Mr. Dillingham stated this is a very high tech business that they want to bring into this community. There will be 50 new jobs. Treasurer Carcone stated that they loved the building at the Planning Commission and this is exactly the type of business they want in Lyon Township with high paying salaries. She is in total support of it. Trustee O’Neil stated that there is no loss and it will bring more jobs. Trustee Hicks stated he felt 6 years would be fine since they are building the building. Motion by Carcone, second by O’Neil To approve Resolution for application of Industrial Facilities Tax Exemption Application for SW North America as stated in the score card for the full 6 years as recommended by the DDA and the Downtown Development Chairperson. Roll Call Vote: Ayes: Blades, Cash, Young, Carcone, Dolan, O’Neil, Hicks Nays: None MOTION APPROVED F. 2016 Tax Rate Request for Lyon Township Treasurer Carcone reviewed the 2016 tax rate request. This will get approved with the budget hearing but she wanted to get the rates approved. Motion by O’Neil, second by Dolan To approve the L-4029 2016 tax rate request for Lyon Township. Roll Call Vote: Ayes: Cash, Hicks, Carcone, O’Neil, Dolan, Young, Blades Nays: None Charter Township of Lyon Board of Trustees October 3, 2016 Page 14 MOTION APPROVED G. Ambulance Purchase Recommendation – Replace Rescue 2 Chief Van Sparrentak explained that a committee was formed last year to work on the bid specifications for the new rescue truck. Four quotes were received from vendors. The current rescue 2 has 63,484 miles on it and primarily protects the south end of Lyon Township. Along with Rescue 1, it is our most used vehicle and next in line to be replaced. After reviewing the four bids it was his recommendation based on reputation, warranty options, and uniformity since Rescue 1 is from Life Line to accept the bid from R&R/Life Line for the 2017 Ford E-450 Type II Lifeline Superline. He explained that funding will come from line item 206-000-977-001. Motion by O’Neil, second by Blades To approve the Fire Chiefs request for a new Rescue 2 not to exceed $165,382.00. Roll Call Vote: Ayes: Young, Blades, Dolan, Hicks, O’Neil, Cacone, Cash Nays: None MOTION APPROVED H. Agreement for I.T. Services between Oakland County and Lyon Township Chief Van Sparrentak explained that the Lyon Township Fire Department recently entered a contract with ESO Solutions to provide software support for their emergency services including medical transport. The request is to adopt the I.T. Services Agreement between Oakland County and Lyon Township. The agreement has been reviewed by their legal representation. Motion by Cash, second by Carcone To approve the agreement for I.T. Services between Oakland County and Lyon Township Fire Department that includes the information about CLEMIS and with the deletion of Exhibit 2 by Resolution. Roll Call Vote: Ayes: Dolan, O’Neil, Carcone, Cash, Young, Blades, Hicks Nays: None MOTION APPROVED I. Recommended Revisions to the Zoning Ordinance Miscellaneous Charter Township of Lyon Board of Trustees October 3, 2016 Page 15 Upgrades Mr. Doozan reviewed the McKenna Associates memo dated September 15, 2016. He explained that he would recommend that the Township Board held the first reading for the amendments to the following four ordinances:  Zoning Ordinance  Subdivision Ordinance  Private Road Ordinance  Bicycle Path and Sidewalk Ordinance Ms. Zawada gave a brief account regarding the 25’ vegetative strip. Trustee O’Neil was not comfortable with doing away with the 25’ strip. Trustee Blades agreed and felt there was no language to prevent a developer from dumping a retention basin in that area. Mr. Doozan stated it will be in the Zoning revisions, page 5, item 3 he would revise that to match for grading and pipes. Motion by O’Neil, second by Blades To move Miscellaneous Upgrades Zoning Ordinance to 2nd reading with changes to item 3 on page 5 regarding the 25’ vegetative strip. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED Motion by Carcone, second by Dolan To approve the Subdivision Ordinance with the changes that were included in the McKenna Associates memo dated 9/15/16 as a first reading. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED Motion by Carcone, second by Cash To approve the Private Road Ordinance as submitted in the McKenna Associates memo dated 9/15/16 as a first reading. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED Motion by Carcone, second by Hicks To approve the Bicycle Path and Sidewalk Ordinance as submitted in the McKenna Associates memo dated 9/15/16 as a first reading. Charter Township of Lyon Board of Trustees October 3, 2016 Page 16 Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED J. Resolution No. 2016-18 Category “A” Funds for Intersection Improvements at South Hill Road and Grand River Avenue Ms. Zawada reviewed her memo dated September 30, 2016. She explained that the resolution to apply for Category A funds from MDTOT for the improvement of the intersection of South Hill and Grand River Ave. At the Board meeting in August the Township Board authorized $100,000 for this project. The Township DDA also authorized $100,000 at their August Board Meeting for the Township’s portion of the participating funds. Magna as well as the Road Commission of Oakland County will also be contributing $200,000 each. Motion by Cash, second by Hicks To approve Resolution 2016-18 to approve the action of the Board of County Road Commissioners for Oakland County, Michigan to actively seek transportation economic development fund Category ”A” funds for the intersection improvements at South Hill Road and Grand River Avenue. Roll Call Vote: Ayes: O’Neil, Cash, Hicks, Young, Blades, Carcone, Dolan Nays: None MOTION APPROVED K. Consider Permitting DEQ to Install 2 Monitoring Wells on DDA Property Supervisor Young explained the request for monitoring wells by the DEQ. This is strictly a proactive measure. Motion by Dolan, second by Blades To authorize the Supervisor to enter into this agreement. Roll Call Vote: Ayes: Cash, Blades, Dolan, Young, Hicks, O’Neil, Carcone Nays: None MOTION APPROVED Charter Township of Lyon Board of Trustees October 3, 2016 Page 17 L. Miscellaneous Special Assessment Roll for General Purposes Treasurer Carcone explained this happen every year and the dollar amount is about the same every year. This is the total of unpaid sewer bills and ordinance mowing that gets put on the tax bill if unpaid. Clerk Cash said there was no unpaid mowing this year only unpaid sewer on the attached sheet. Motion by Cash, second by Hicks To approve Resolution 2016-19 Resolution establishing tentative special assessment roll for general purposes. Roll Call Vote: Ayes: Blades, Young, Carcone, Hicks, O’Neil, Dolan, Cash Nays: None MOTION APPROVED M. Temporary Occupancy Agreement between Lyon Township and Stankevich Contracting Company Inc. Supervisor Young explained that dirt started being moved without a permit and Mr. Spencer finally got them to move from their facility by February 28, 2017. Now that they have submitted a plan for what they are doing, temporary occupancy will be given until February 28, 2017. Motion by O’Neil, second by Dolan To approve the temporary occupancy agreement between Lyon Township and Stankevich Contracting Company Inc. Roll Call Vote: Ayes: O’Neil, Hicks, Young, Carcone, Blades, Dolan, Cash Nays: None MOTION APPROVED N. Electronic Message Sign for Township Hall Mr. Bell explained to further improve communication between the Township, its residents and visitors, it is proposed that an electronic message board sign be procured and installed on Grand River Avenue in front of the Township Hall. The estimated cost of the sign is between $30,000 and $35,000. Various funding strategies are proposed. The direction from the Board was to continue doing the leg work regarding electricity costs, size, and location. O. Renewed Video Service Local Franchise Agreement for AT&T Michigan Mr. Quinn explained the request for renewing the franchise agreement for AT&T. Motion by Blades, second by Hicks Charter Township of Lyon Board of Trustees October 3, 2016 Page 18 To renew the video service local franchise agreement for AT&T Michigan. Roll Call Vote: Ayes: Hicks, O’Neil, Dolan, Cash, Blades, Young, Carcone Nays: None MOTION APPROVED P. Budget Workshop Meeting Date The budget workshop meeting was scheduled for October 19, 2016 at 4:30 p.m. ADJOURNMENT Motion by Blades, second by Carcone To adjourn the regular meeting at 11:25 p.m. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED The Board of Trustees meeting was adjourned at 11:25 p.m. due to no further business. Respectfully Submitted, Kellie Angelosanto Michele Cash Kellie Angelosanto Michele Cash Recording Secretary Lyon Township Clerk