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HomeMy WebLinkAboutInterlocal Agreements - 2021.12.09 - 38115 March 29, 2022 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 December 9, 2021 the Board of Commissioners for Oakland County entered into an agreement per MR #21521 – Sheriff’s Office – Contract Standard Law Enforcement Services with Charter Township of Lyon, January 1, 2022 – December 31, 2024. As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement and amendment with the County of Oakland and the Charter 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 Rozell, Director of Elections Oakland County Clerk/Register of Deeds County Service Center, Building #14 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, CERA Director of Elections Cc: Donna Dyer, Corporation Counsel, Oakland County Erika Munoz-Flores, Corporation Counsel, Oakland County Liz Skwarczewski, Technical Specialist, OCSO Michelle Ortiz-Cash, Clerk, Charter Township of Lyon Enclosures Charter Township of Lyon Board of Trustees December 6, 2021 Page 1 Charter Township of Lyon Board of Trustees Regular Meeting Minutes December 6, 2021 Approved: JANUARY 4, 2022 The meeting was called to order by Supervisor Dolan at 7:00 p.m. Roll Call: Lise Blades, Trustee, arrived 7:42 p.m. Patricia Carcone, Treasurer Michele Cash, Clerk John Dolan, Supervisor Kristofer Enlow, Trustee Sean O’Neil, Trustee Robert Swain, Trustee Also Present: Carol Rosati, Township Attorney Leslie Zawada, Civil Engineering Solutions, Inc Brian Keesey, McKenna Chief Ken Van Sparrentak Guests: 20 A moment of silence was observed for the Oxford High School tragedy. Supervisor Dolan noted Trustee Blades is coming from out of town and will be late. APPROVAL OF CONSENT AGENDA 1. Approval of the minutes of the Township Board meeting of November 1, 2021 2. Approval of Disbursements 3. Approval of Reports 4. Bill of Sale of Sewer Line Between Diverse Real Estate and Charter Twp. of Lyon 5. Bill of Sale of Water Line Between Diverse Real Estate and Charter Twp. of Lyon 6. Bill of Sale of Water Line Between NLB Corp. and Charter Twp. of Lyon 7. Lyon Twp. Stormwater Management Agreement with Bader & Sons Co. South Lyon Properties, LLC 8. Agreement for Maintenance of Stormwater Management Facilities With C.L.A.Y Development Co., LLC (Hasenclever ph.1) and the Charter Twp. of Lyon 9. Lyon Twp. Stormwater Management Agreement between NLB Corp. and Charter Twp. of Lyon Charter Township of Lyon Board of Trustees December 6, 2021 Page 2 10. Approval of Holiday and Meeting Schedule for 2022 11. Oakland Co. Sheriff Triannual Report - May - August 2021 Trustee Enlow pulled off the minutes for a minor typo and items 7, 8 and 9 for discussion. Motion by Cash, second by Carcone To approve the consent agenda as amended. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED APPROVAL OF AGENDA Motion by O’Neil, second by Cash To approve the agenda as amended with the items removed from the consent agenda for discussion. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED ANNOUNCEMENTS & COMMUNICATIONS Trustee Enlow noted he received an update from MDOT regarding the I-96 flex route. The bids are due December 15, 2021. Once they have a contract on board, they will look for a first responders meeting. CALL TO THE PUBLIC Steve Archibald – Superintendent of South Lyon Community Schools. He passed along his gratitude for Lyon Township’s unanimous and continued support of the school liaison officers. The Township’s financial support helps make this valuable resource available on a daily basis. REPORTS DDA – Troy Powe reported on the second Lighting up the Grand Event. Next year their vision is to shut down Grand River Ave. in the two-block area and make it an event. They have 30 inflatables this year set up at the United Methodist Church. The event will Charter Township of Lyon Board of Trustees December 6, 2021 Page 3 be held this Saturday from 3-7 p.m. He noted DTE donated $2,000 for the event. South Lyon Fence and Lyon Mechanical also donated. He also reported almost all of the inflatables have been sponsored. FIRE – Chief Van Sparrentak reported significant progress with the fire fighter’s union, hopefully next month they will come with a ratification, he is optimistic. SHERIFF– Lt. Whitfield touched on the Oxford tragedy. He informed everyone as a result of that tragedy they have increased the patrols and extra walk throughs in the schools. Michigan State has a tip line 1-855-Okay2Say, anyone can share any tip regarding odd behavior or threats and it’s completely anonymous at 855-okay2say. Counseling is also available and can be arranged by calling 1-800-848-5533. He asked if there were any questions regarding the report he submitted and there were no questions. PLANNING COMMISSION – Treasurer Carcone brought the Board up to date regarding the last Planning Commission meeting. ZBA – None PARK ADVISORY BOARD – Mr. Swain hoped to have a report in January. WATER UPDATE – Supervisor Dolan reported the water is still moving forward, they have had some setbacks with the supply chain issues, until the tank comes in, they are in a holding pattern. Water is running very clean. PUBLIC HEARING A. Tanglewood Golf Community Road Improvements Ms. Zawada explained this is the first public hearing for the road improvement project. The costs are estimated at this time are in the amount of $2,294,826.51. She reviewed the scope of the project. There will be another public hearing if the resolution is approved under New Business. Supervisor Dolan opened the public hearing at 7:19 p.m. Daniel Holton and Sharon Holton, 23739 Spy Glass Hill N. - He devised a letter per the notice they got in the mail. They do have some concerns although they are not opposed to the resurfacing. He noted they are opposed to 1. How the assessment is levied against each property owner. 2. The designation of properties that benefit from this improvement and 3. Costs underestimated. He also noted that The HOA has stated that Bob Freund will contribute $200,000 to the project or 8.7 % Based on the current estimate of 2.3 million. It seems to them that this amount is low; however, there is no data to justify any amount. Keith Ledbetter, 22848 Spy Glass Hill Drive – He is the President of the HOA at Tanglewood. There were a number of residents in attendance as well to show their support. He noted he is available tonight if there are any questions. There were two letters received from the public that are attached as Exhibit A. Supervisor Dolan closed the public hearing at 7:29 due to no further comments. Charter Township of Lyon Board of Trustees December 6, 2021 Page 4 B. Public Hearing for the 2022 Budget Supervisor Dolan opened the public hearing at 7:29 p.m. and closed it due to there being no comments. C. Notice of a Public Hearing for the Community Development Block Grant (CDBG) Program for 2022 Mr. Keesey explained the federal government distributes an amount of money per year. The Township will allocate the funds in the amount of $23,50.00. As part of the program, they have chosen in the past to fund Youth Assistance, Haven, and the Senior Center. Supervisor Dolan opened the public hearing at 7:32 p.m. and closed it due to there being no comments. UNFINISHED BUSINESS - None NEW BUSINESS A. Resolution No. 2021-25 Determining Necessity of Improvements and Designating Special Assessment District Eric McGlothlin from Dickinson Wright explained this Resolution determines the necessity of the improvements and determines the Township’s intent to move forward with the project. Trustee Enlow questioned what happens if the cost of the improvements is lower at the end of the project. Mr. McGlothlin stated there is a statutory process to deal with the savings and it could involve a refund. Treasurer Carcone stated the Township has been involved in 2 other road improvements and the dollar amount was equally distributed. This isn’t the only time they’ve done this. Supervisor Dolan stated unfortunately there will be some residents that don’t like the paving schedule and they appreciate that. They ask for a very high percentage of participation, and Tanglewood came across with over 70% in support. He is in favor of moving this forward. He hopes the end results will make everyone happy. Charter Township of Lyon Board of Trustees December 6, 2021 Page 5 Motion by Cash, second by Carcone To approve Resolution No. 2021-25 Determining Necessity of Improvements and Designating Special Assessment District Voice Vote: Ayes: Unanimous Nays: Nays MOTION APPROVED B. Approve Agreement Regarding Contribution to Road Special Assessment District for Road Improvement Project and direct Township Supervisor and Township Clerk to execute and deliver the same, together with such changes, additions, or deletions as may be necessary or advisable in connection with the proceedings for the Tanglewood Golf Community Road Improvements Special Assessment District. Motion by O’Neil, second by Carcone To approve the agreement regarding contributions to the Road Special Assessment District for Road Improvement Project. This will be an agreement between The Lion Ltd doing business as Tanglewood Golf Course and the Charter Township of Lyon. This is in the amount of $200,000 contribution to the last agenda item Resolution 2021-25. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED C. RV Storage AP-21-40 - Text Amendment Mr. Keesey referenced the McKenna letter dated November 22, 2021. He explained the Planning Commission held the required public hearing and has recommended the language for consideration by the Township Board. Ms. Blades questioned the part about the recreational vehicles must be owned by and titled to a permanent resident of the parcel. She also confirmed this only pertains to parcels that are outside of single- and multiple family subdivisions. Treasurer Carcone explained the Planning Commission talked about this at several meetings, it does not include subdivisions. They didn’t want to create a storage situation, it’s not fair to neighbors. Trustee Swain questioned the rational for excluding subdivisions. Treasurer Carcone stated most HOA’s don’t allow it. There was brief discussion. Charter Township of Lyon Board of Trustees December 6, 2021 Page 6 Motion by Cash, second by O’Neil To Approve RV Storage AP-21-40 off street parking to second reading. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED D. Emelbe Single-Family Condominiums; AP-21-51 Mr. Keesey referenced the McKenna review letter dated November 23, 2021. The proposal meets all zoning district requirements for single-family development in the R- 0.5 Zoning District and the updated site plan addresses all of zoning ordinance -related conditions of approval by the Planning Commission. The proposed single-family home sites will be consistent in use and general character with surrounding residential properties. Ms. Zawada referenced the CES review letter dated November 29, 2021. Due to the proximity of the existing oil well, the applicant shall note the required isolation distance for drinking water wells as well as any additional environmental impacts to the land that may need to be considered and may affect land development. a. 300’ distance required from oil wells and storage tanks, per MDEQ. guidelines (copy attached). This may affect Lot 5. b. At the Planning Commission meeting, the applicant agreed to apply for the well permits prior to completing the land division. If the well permit for lot 5 cannot be issued, that lot would not be created at this time. She noted the applicant should apply for a well permit prior to establishing or drafting the condo documents. Mike Noles, representing Kensington Family Homes. He stated he is happy to be before them with a straight zoning. This is a wonderful opportunity to develop a vacant parcel. The cul de sac brought up to Lyon Township’s standards and in addition it’s a large open area with no storm water controls. It meets all stormwater requirements. Trustee Swain questioned if the applicant would be willing to extend the sidewalk across the gap at the end of lot 5. Mr. Noles stated that well is still operating and has a lease for as long as it continues to pull oil. That parcel the well is on will be in the condo docs as a future development parcel, it can be a road with additional lots and at that time the sidewalk will be put in. The truck traffic would be an issue now. Mr. Keesey noted it’s about 130 feet. Mr. Noles stated the point is the applicant is adding improvements that benefit residents and future residents, the applicant would prefer to not spend the extra money. Trustee O’Neil stated if this was a PD, he would Charter Township of Lyon Board of Trustees December 6, 2021 Page 7 say it would have to go in, but he is on the fence, it’s not appropriate to push that on them now, but he would like Mr. Noles to talk to the applicant and see if it’s possible. Trustee Enlow asked if the drive will be open, and if the gate will be where the oil wells are. Mr. Noles stated there will be a gate with a Knox lock on it at the Pontiac Trail right of way line. Trustee Enlow asked if the Fire Department is ok with that, but he thought it should remain open as emergency access. Mr. Noles stated the locks are per the Fire Department and all authority can get through, but the general public cannot. Trustee Enlow stated the CES letter had concerns about stormwater management, but it sounds like it was addressed. Ms. Zawada explained it will be addressed during detailed engineering review, she was more concerned with the drinking water at the site plan level. Motion by Carcone, second by O’Neil To approve Emelbe Single-Family Condominiums; AP-21-51 based on site plan dated 11/19/21 and the review letters provided in the packet. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED E. Approval to Hire a New Director for the Lyon Township Downtown Development Authority (DDA) Motion by O’Neil, second by Carcone To hire Amy Allen as the new DDA Director. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED F. Resolution No. 2021-26 Approving the Program Year 2022 Community Development Block Grant (CDBG) Application Motion by O’Neil, second by Swain To approve Resolution 2021-26 approving the program year 2022 Community Development Block Grant Application. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED Charter Township of Lyon Board of Trustees December 6, 2021 Page 8 . G. Approval of Supervisor’s Appointment Matrix to Board of Review Supervisor Dolan explained he would like to reappoint the existing boards that they have for a one-year term. Motion by O’Neil, second by Blades To approve the Supervisor’s Appointments to the Board of Review for one year. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED H. Approval of Supervisor’s Appointment Matrix to Zoning Board of Appeals Motion by O’Neil, second by Cash To approve the Supervisor’s Appointments to Zoning Board of Appeals for a one-year term. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED I. Consideration of Approval of the Oakland County Sheriff’s Office 2022-2024 Law Enforcement Services Agreement with The Charter Township of Lyon and to authorize the Supervisor and Clerk to execute the Agreement. Motion by O’Neil, second by Blades To approve the Oakland County Sheriff’s Office 2022-2024 Law Enforcement Services Agreement with the Charter Township of Lyon and to authorize the Supervisor and Clerk to execute the Agreement. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED J. Installment Agreement for Sanitary Connection New Hudson Inn Ms. Zawada explained this is the 6th agreement before them, they wanted this to be in the Board packet for review. The total estimated costs are $204,281.65. The actual Charter Township of Lyon Board of Trustees December 6, 2021 Page 9 agreement will be based on actual costs once the project is completed. This will allow the applicant to connect to sewer and pay for those costs over time. Trustee Enlow asked how many REU’s is that. Ms. Zawada explained she would have to look it up. Motion by Carcone, second by Swain To approve the Installment Agreement for Sanitary Connection for the New Hudson Inn. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED K. Discussion on Lyon Township Fire Department Facility Needs Study Trustee Enlow noted the proposal before them includes a sub-consultant which is with a company, he has ownership in, so he wanted to bring that to the Boards attention. Ms. Rosati stated it would be better if Trustee Enlow recused himself from voting on this item. Motion by O’Neil, second by Swain To recuse Trustee Enlow due to the disclosed conflict in this matter. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED Chief Van Sparrentak explained the proposal he provided was generated by Redstone Architects. The study would cost an estimated $20,000 to consider a master plan for future emergency service needs for Lyon Township for at least the next 10-20 years. Trustee O’Neil stated he expected it to cost more than that and he is familiar with Redstone and they do excellent work. Trustee Swain wondered if they want to make the scope a little bigger. Chief Van Sparrentak stated they can build it anyway they want to; they are experts in public safety and law enforcement as well. His take would be if they used Township property or locations that just made sense then they could still come close to this $20,000. Trustee O’Neil stated would it be reasonable to do a not to exceed and add more dollars, it just builds in that flexibility. Charter Township of Lyon Board of Trustees December 6, 2021 Page 10 Motion by O’Neil, second by Swain To approve the request for the Fire Department to commence with a facility needs study with Redstone Architects not to exceed an amount of $25,000 which will include some additional site evaluations. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED L. Approval for Assessment Center for Captain and Firefighters Chief Van Sparrentak explained they are looking to replace vacancies from resignation in 2021. They are looking for 1 full time captain and 4 full time fire fighters. He felt that they have enough internal candidates for the fire fighter positions. Motion by O’Neil, second by Cash To approve the request not to exceed $8,825 for captain and $4,300 for fire fighter assessment. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED M. Discussion of Ladder Truck Chief Van Sparrentak explained in the November meeting he noted the concerns they have with the reliability of Engine 2. With recent approval of ordering a new Engine 2 but looking like it will be spring of 2023 before the new truck could be delivered, they questioned if the current engine 2 will stay afloat. The apparatus committee worked on this and they decided if they were to purchase an aerial at any time they would go with the chosen manufacturer. The company did offer the demo ladder at 1.3 million which is still like $175k lower than what they were looking at earlier this year. He would be remiss if he didn’t bring it forward to consider it. It would be available in early July. Trustee O’Neil asked how this will come equipped, is there a savings beyond the sticker price. Chief Van Sparrentak explained there is $80-$90k of equipment that will be added onto this to equip the truck. They expect it to be about 80k, and that is not part of this spec. Trustee O’Neil questioned how the warranty works with the truck being a demo. Chief Van Sparrentak stated they will bring it to them in better shape than a newer truck, because they will work out all the bugs. Trustee O’Neil asked if ARPA funds could be used for this type of purchase. Chief stated he didn’t believe they could. Charter Township of Lyon Board of Trustees December 6, 2021 Page 11 Trustee O’Neil stated if it came to light that they could use those funds he would be in favor of using those funds for this purchase. Clerk Cash asked if the ladder truck really takes precedence. Chief stated this is what the community needs. A variety of scenarios were discussed. Treasurer Carcone questioned the warranty, and she would like the Chief to actually go and see the truck. Chief Van Sparrentak agreed. Motion by Blades, second by Swain To authorize the administrative team to draft a letter of intent conditioned upon that it meets the warranty and a site visit to see the truck in person the expense portion will be taken care of at the Township Board meeting in January. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED N. 2021 Budget Amendments Motion by O’Neil, second by Carcone To approve the 2021 Budget Amendments for legal and citizen programs as presented. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED O. Consideration of the 2022 Budget Clerk Cash confirmed when they approve the new budget tonight, under the capital outlay there will be $1.42 million dollars in that line item. Trustee O’Neil confirmed the general fund balance will still be over 7 million dollars. Trustee Enlow questioned the library fund. Clerk Cash explained they had their budget meeting, and the year-to-date totals were provided. It was updated and put in the Township’s format. It’s provided as information only; the Township Board does not approve it. Additional budget items were discussed. Charter Township of Lyon Board of Trustees December 6, 2021 Page 12 Clerk Cash explained the cost-of-living increase and the adjustments in the Fire Department budget differ from the workshop discussion due to current numbers from the union. They must approve what was negotiated for the union. Motion by Carcone, second by O’Neil To approve the budgets presented by the Clerk’s office with the amendments that were noted by the Township Board for the 2022 budget year. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED P. Resolution 2021-27 Approving Opting-In to the Opioid Litigation Settlement Motion by O’Neil, second by Enlow To approve Resolution 2021-27. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED Q Consent Agenda Trustee Enlow noted a minor typo in the minutes. Motion by Enlow, second by Cash To approve the November 1, 2021 minutes as amended. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED Trustee Enlow noted regarding items 7,8, 9, he would like to see a very short memo that lists they did it and there are no issues so it keeps them honest and if something is amiss, they can catch it before it gets crazy. Motion by Enlow, second by O’Neil To approve the stormwater management agreements for items 7,8 and 9 in the consent agenda. Charter Township of Lyon Board of Trustees December 6, 2021 Page 13 Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED CLOSED SESSION Motion by O’Neil, second by Cash To move into closed session to discuss pending litigation, Huron Valley Outfitters, LLC, v Charter Township of Lyon, Oakland County Circuit Court case no. 20-179677-CK, in accordance with the Open Meetings Act, MCL 15.268(e), as an open meeting would have a detrimental effect on the position of the Township at 9:40 p.m. Roll Call Vote: Ayes: Blades, O’Neil, Cash, Enlow, Carcone, Dolan, Swain Nays: None MOTION APPROVED The Board of Trustees moved into closed session at 9:40 p.m. and will be returning to open session. Motion by O’Neil, second by Cash To return to open session at 10:10 p.m. Roll Call Vote: Ayes: Carcone, Blades, O’Neil, Swain, Enlow, Dolan, Cash Nays: None MOTION APPROVED ADJOURNMENT Supervisor Dolan adjourned the Regular Board meeting at 10:11 p.m. due to no further business. Respectfully Submitted, Kellie Angelosanto Michele Cash Kellie Angelosanto Michele Cash Recording Secretary Lyon Township Clerk David T. Woodward (Jan 27, 2022 11:24 EST) Jan 27, 2022 Jo Ann Stringfellow (Jan 27, 2022 11:30 EST) April 19, 2023 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 December 9, 2021 the Board of Commissioners for Oakland County entered into an agreement per MR #21521 – Sheriff’s Office – Contract Standard Law Enforcement Services with Charter Township of Lyon, January 1, 2022 – December 31, 2024. As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement and amendments with the County of Oakland and the Charter 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 Rozell, Director of Elections Oakland County Clerk/Register of Deeds County Service Center, Building #14 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, CERA Director of Elections Cc: Donna Dyer, Corporation Counsel, Oakland County Erika Munoz-Flores, Corporation Counsel, Oakland County Liz Skwarczewski, Technical Specialist, OCSO Michelle Ortiz-Cash, Clerk, Charter Township of Lyon Enclosures Charter Township of Lyon Board of Trustees September 6, 2022 Page 1 Charter Township of Lyon Board of Trustees Regular Meeting Minutes September 6, 2022 Approved: OCTOBER 3, 2022 The meeting was called to order by Supervisor Dolan at 7:00 p.m. Roll Call: Lise Blades, Trustee Patricia Carcone, Treasurer Michele Cash, Clerk John Dolan, Supervisor Kristofer Enlow, Trustee Sean O’Neil, Trustee Robert Swain, Trustee Also Present: Brian Keesey, McKenna Amy Allen, DDA Deborah Walling, Township Attorney Guests: 27 APPROVAL OF CONSENT AGENDA Trustee Enlow removed item number 3 for discussion. 1. Approval of the minutes of the Township Board meeting of August 3, 2022 2. Approval of the minutes of the Township Board Special Meeting of August 11, 202 3. Approval of the minutes of the Township Board Special Meeting of August 15, 2022 4. Approval of Disbursements 5. Approval of Reports 6. 2022-08-09 RECORDED - Amazon Ph 2 - Stormwater Management Agreement 7. 2022-08-09 RECORDED - Oak Ridge Ph 2 - Stormwater Management Agreement 8. 2022-08-09 RECORDED - Pontiac Trail South Watermain - Sidewalk Easement 9. Denial of Resolution No. 2022-20 to Recognize Speculative Building Status 10. Denial of Resolution No. 2022-21 to Recognize Speculative Building Status Motion by O’Neil, second by Enlow To approve the consent agenda except for item 3. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED Charter Township of Lyon Board of Trustees September 6, 2022 Page 2 APPROVAL OF AGENDA Motion by O’Neil, second by Blades To approve the agenda as amended with the addition of 11H, item 3 from the Consent Agenda. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED ANNOUNCEMENTS & COMMUNICATIONS Trustee Blades recognized Chris Stone from the New Hudson Inn and the amazing show of support for Dana Johnston. He took the lead on that fundraiser and did a fine job. Clerk Cash reported they are waiting for the absentee ballots and are hoping to have those mailed out no later than August 29. If anyone needs an absentee ballot and has not applied for one yet, please come by the office or submit your application by mail or drop box. Treasurer Carcone reminded residents that the summer tax bills are due September 14, 2022 without penalty or interest. There will be a 1% interest charged per month after that. CALL TO THE PUBLIC Ann Rimanelli, 10167 Otter Drive – She is running for the school board. She is interested to continuing the partnership they have had with the Township and doing great things for their schools. Noticed the school resource officers are on the agenda tonight, she thanked the Board for stepping up with the Resource Officers she appreciated it as a parent and a potential board member and would be in support of continuing that. Stephanie Junkulis-Pierce, 57740 Stoneleigh Drive – she is a current school board member running in the election. She thanked them for their service, she is here to also talk about the fantastic relationship between Lyon Township and the schools, the Resource Officers have made a tremendous difference in their schools. The officers are members of their schools, they help with early intervention, transitioning back into the school, and they could not do that without the support of Lyon Township. She hoped they could do that at the middle school level. Charter Township of Lyon Board of Trustees September 6, 2022 Page 3 REPORTS DDA – Ms. Allen provided an update regarding the activities in the DDA. They are working on some upcoming ribbon cutting events. She also shared a video that showcased Music on the Grand this summer. FIRE – Chief Van Sparrentak reported ladder 24 was on display. It will benefit the community for years to come. He recognized lifesaving efforts for their first responders and presented Life Saving Awards to Captain John Orzech, Ross Pajak, Deputy Brian Hatfield, and Deputy Ryan Rathbun. He explained the life saving measures that took place on August 22, 2022 that involved a choking child. SHERIFF – Lieutenant Whitfield reported the Annual Michigan Fallen Heroes Memorial will take place on Sunday and they will honor September 11 as well, it’s held in Pontiac and open to the public. On September 16 they will have the annual Law Enforcement Torch Run on 9/16 they appreciate anyone willing to cheer them on. PLANNING COMMISSION – Treasurer Carcone brought the Board up to date regarding the last Planning Commission meetings. ZBA –None BUILDING DEPARTMENT – Mr. Herriman provided statistics comparing last year at this time to this year. Things are starting to slow down a little bit. WATER UPDATE – Supervisor Dolan reported the softening plant is running, and they will start putting chemicals through it in the next week or so. They can have soft water running in the Township, but it’s up to EGLE to give their ok. UNFINISHED BUSINESS A. Consideration of the Adoption of Ordinance No. 08-22 to Amend the Charter Township of Lyon Code of Ordinance to Amend Chapter 48, Zoning, Article 3.00, Rules of Construction and Definitions, Section 3.02, Definitions to Amend the Definitions for Lot Coverage; Article 5.00, Site Plan Review, Section 5.03, Site Plan Review Applications and Procedures Regarding Optional Conceptual Review; Article 5.00, Site Plan Review, Section 5.04, Review and Action, Regarding Expiration of Site Plan Approval; Article 7.00, Planned Development, Section 7.02, Eligibility Criteria, to Reduce the Amount of Acres Required for Planned Development Eligibility; Article 13.00, Nonconformities, to Update Applicable Provisions; Article 14.00, Off-Street Parking and Loading Requirements, Section 14.02, Off-Street Parking Requirements, to Add a Footnote Regarding Accessible Parking Spaces; Article 18.00, Accessory Buildings, Structures and Uses, Section 18.03, Detached Accessory Buildings and Structures, to Amend Certain Size Regulations; Article 19.00, Site Developme nt Standards Applicable to Specific Uses, Section 19.03, Site Development Standards for Residential Uses, Related to Model Homes; Article 36.00, Schedule of Regulations to Increase the Permitted Height in the I-1 and I-2 Districts. Charter Township of Lyon Board of Trustees September 6, 2022 Page 4 Motion by Swain, second by O’Neil Adopt Ordinance No. 08-22 with the change of the insertion of more structure after the occurrences of non-conforming use section 13.03b, which is on page 5 of the red line copy. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED B. Consideration of the Adoption of Ordinance No. 09-22 to Amend the Charter Township of Lyon Code of Ordinance Chapter 22, Land and Divisions and Subdivisions, Article III, Subdivision Regulations, Division 4, Design Standards, Section 22-244, Roads, to Set the Standards for Cul-de- sac, Dead-end and Loop Roads. Motion by O’Neil, second by Swain To move the adoption of Ordinance No. 09-22. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED NEW BUSINESS A. Easement Request for Proposed Lyon Medical Centre, Parcel# 21-04-126- 012 Mr. Keesey noted on the property directly to the west of the Township Hall a site plan has been conditionally approved for a medical office facility. As it’s proposed, it is permitted on the property. With this proposal is a parking lot that will accommodate and meet the parking regulations but it’s an odd piece of property. Mr. Langan is proposing the parking lot will be partially on the property to the north and accessed through the existing driveway that is shared by the Oakland County Sheriff and Township Hall. This parking lot could be utilized for the special events for the Township and the ordinance does allow for shared parking. Because these improvements are on Township property, they need the approval of the Township Board. Representing this business item is: Bob Langan, 128 North Center Street, Northville, MI Cliff Sieber, Consulting Engineer Charter Township of Lyon Board of Trustees September 6, 2022 Page 5 Mr. Langan pointed out one minor wrinkle, the parking lot as proposed would be able to be fully utilized by the Township for special events and overflow parking. They get to use the parking lot during office hours for their medical providers and for after hours or special events, they would work with their tenants to make the lot available for election day, certainly weekends or after hour events they would be offering the entire lot for use by the Township. The site as proposed will require them to go to ZBA for two variances, part of the reluctance to draft the easements is if they don’t get the variance it would have to redone. They are looking for a green light in concept and then go to ZBA for variances and come back for site plan. Mr. Keesey stated they don’t have to come back for site plan since the Planning Commission has already conditionally approved it. They would need to go to the ZBA though for variances. Clerk Cash noted it’s really hard to get out of that driveway as it is due to the freeway being under construction for the next 3 years. Mr. Seiber stated a right turn lane would keep the traffic flowing. They could contact the Road Commission about that to see how that will be handled. Trustee O’Neil stated there would have to be a use and maintenance agreement and hold them for specific standards, that makes sense for a safety standpoint. Mr. Langan agreed. Supervisor Dolan asked if Mr. Langan could put in a playground or something in the park, since it is a big easement. Mr. Langan stated it can be used for general office. Supervisor Dolan stated he doesn’t know if an exchange of a parking lot is a good enough exchange. Mr. Langan stated if they went with general office, they wouldn’t need an easement, they could put a curb cut on Grand River. He hadn’t thought of playground equipment, but he would entertain the thought. Trustee O’Neil stated at minimum a pedestrian connection would be needed. Trustee Blades stated if people can use this parking lot to access the park, there is no safe way to get to this proposed parking lot to get to the pavilion. Trustee Blades stated if it’s supposed to be a benefit to the park users, they need a way to get there. Supervisor Dolan stated they should have a little more benefit than just a part time parking lot. There are no connections to get anywhere. Mr. Langan stated they can build a sidewalk wherever they want a sidewalk. Trustee O’Neil stated the agreement should come back here. Mr. Langan stated he wouldn’t oppose that in the least. Trustee Swain stated he has an issue with giving up some prime usable land in the park boundaries without some park related benefits. He has no issue with the driveway. He likes the idea of a new play structure. Trustee Blades confirmed the turning template. Mr. Seiber stated the turn could be made going either way. Trustee Swain also noted the gate that may need to go up so Charter Township of Lyon Board of Trustees September 6, 2022 Page 6 they can’t access the park during the winter. The Township closes the park when the snow falls so people don’t drive up there and get stuck. Trustee Enlow stated if the easement agreement is for maintenance and use of the parking lot, do they need one for the sidewalk. There wasn’t any objection if they can figure out the benefit. Mr. Keesey stated since there has been no opposition the applicant can move onto the next agenda for the ZBA. B. Digital Room - Special Land Use; AP-22-44 Mr. Keesey referenced the McKenna memo dated August 31, 2022. Mr. Keesey finds the standards for special land use approval are or can be reasonably achieved with the print production facility. The Planning Commission has held the required public hearing and subsequently recommended the special land use for approval. Based on their observations and the Planning Commission’s recommendation, Mr. Keesey of McKenna recommended the Township Board approve the proposed print production facility for special land use. Motion by O’Neil, second by Blades Given the recommendation of the Planning Commission and the McKenna memo dated 8/31/22, he would approve AP-22-44. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED C. Consideration of Assignment and Use of School Resource Officers for South Lyon Middle Schools Representing South Lyon School Board: Brian Toth, Assistant Superintendent Lieutenant Whitfield explained the Deputy will spend time at both MMS and CMS. While school is in session during the school year the cost will be covered 100% by the School Board and the Township will pay the cost while school is not in session. Supervisor Dolan stated this Board has always been behind the SRO program, as long as they can afford to do it, they are proud, to do it. Trustee O’Neil commented they continue to be the only community that participates financially in this effort, and it is a $35,000 cost to the Township for the time when school is not in session. He is committed to the expense, it’s just disappointing that the Charter Township of Lyon Board of Trustees September 6, 2022 Page 7 Other communities do not support it in the same way, not one of them. Trustee Swain stated this is the exact agreement he was looking to see. He would love to continue to work with the other communities. Trustee Enlow stated the only criticism he hears is the Township is the only community that steps up, they have the ability to provide funding for it so they will continue to do it. Motion by Enlow, second by O’Neil To approve the agreement for the School Resource Officer at the South Lyon Middle Schools for $34,274.64. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED Treasurer Carcone stated she would be very happy if the dog would go with the SRO Officer to the school. D. Consideration of the Introduction of Ordinance No. 10-22 to Amend the Charter Township of Lyon Code of Ordinances, Chapter 46, Utilities, Article II, Water and Sewage, Division 6, Financing Sewer and Water Main and Laterals, Section 46.185-Same-Charge Required, to Add Language to Address Charges for the Provision of Water Services Outside the Geographical Boundaries of the Township; and to Provide Penalties for Violation Thereof. Supervisor Dolan explained this is a first reading to put language in the ordinance, so when the water crosses boundaries they can charge for the royalties. Motion by O’Neil, second by Cash To move Ordinance 10-22 to second reading. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED E. Consideration of the Approval of Resolution No. 2022-24 Adopting the Park Reservation/Use Policy. Trustee Swain questioned, why is this a policy and not just adjusting the park portion of the ordinance. Ms. Walling stated when they adopt the ordinance it will either be civil Charter Township of Lyon Board of Trustees September 6, 2022 Page 8 infraction or a misdemeanor if the rules are broken. The consequence for breaking this is being ejected from the park or not being able to come back to the park as opposed to a fine or prosecution. It also regulates the use of the facilities in the park. Trustee Swain noted the 8-week advance notice for reserving the parks. If you’re trying to plan an event, 8 weeks might be a little short, unless the intent is to grant a wavier for those annual events. The Board agreed the interpretation is a separate process for annual events. The Board agreed Township sponsored events/special events become exempt. Trustee Swain suggested changing item V to “Township sponsored uses and Special Events may be granted exemptions from this policy.” Ms. Walling agreed that would address any issues. Trustee Enlow noted the date should be changed to the 6th. Motion by Swain, second by Blades To approve Resolution 2022-24 adopting the Park Reservation Use Policy with the change of item V to say, “Township sponsored uses and Special Events may be granted exemptions from this policy.” and the date change. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED F. Consideration to Approve the 2023 Tax Rate Request L-4029 Millage Rate Treasurer Carcone explained the tentative millage rates have to be presented to the Board of Commissioners before 9/30/22. She cannot add the Library millage nor the Fire Department millage, unless they pass, then she will amend it. Motion by Swain, second by Carcone To authorize the signing and submission of the 2023 Tax Rate Request L- 4029 Millage Rate. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED Charter Township of Lyon Board of Trustees September 6, 2022 Page 9 G. Consideration of a Proposal to Vacate a Portion of Coyote Ct. Private Road Easement Mr. Keesey explained the proposal is to vacate a portion of Coyote Ct. private road easement. Mr. Keesey reviewed the survey showing the existing easement which encompasses a portion of two parcels. They would like to vacate a portion that does not provide access to Lee or Coyote Court. There has been no proposal to connect to it. He sees no interest in keeping this access easement. They do have permission from Mr. Mockridge, but he does not currently have permission from the southern 30’ of this easement, so they would be asking the Board to vacate just the portion on Mr. Mockridge’s property or option to vacate the whole thing upon the condition they received approval from the property owner to the south. Supervisor Dolan felt the whole thing should be vacated. Mr. Mockridge stated he has spoken with the other owner and they haven’t given him more than 5-10 minutes to talk about this. He can’t imagine why they would want to keep it. Ms. Walling confirmed the Township can vacate the easement. Motion by O’Neil, second by Carcone To approve the request of Mr. Mockridge and vacate the section of Lee Road as described in the packet which is 60’ x 323’ easement. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED G. Removed item from Consent Agenda Trustee Enlow explained he wasn’t in attendance at the Special Meeting on August 15th, 2022, so he wanted to abstain from this vote. Motion by Carcone, second by Blades Approve the Special Township Board minutes of August 15, 2022 as submitted. Voice Vote: Ayes: Blades, Carcone, Cash, Dolan, O’Neil, Swain Nays: None Abstained: Trustee Enlow MOTION APPROVED Charter Township of Lyon Board of Trustees September 6, 2022 Page 10 ADJOURNMENT The Regular Board meeting was adjourned at 8:39 p.m. due to no further business Respectfully Submitted, Kellie Angelosanto Michele Cash Kellie Angelosanto Michele Cash Recording Secretary Lyon Township Clerk David T. Woodward (Feb 9, 2023 18:56 EST)Feb 9, 2023 JoAnn Stringfellow (Feb 10, 2023 08:41 EST)Feb 10, 2023 David T. Woodward (Feb 9, 2023 18:56 EST)Feb 9, 2023 JoAnn Stringfellow (Feb 10, 2023 08:40 EST)Feb 10, 2023 David T. Woodward (Jan 27, 2022 11:24 EST) Jan 27, 2022 Jo Ann Stringfellow (Jan 27, 2022 11:30 EST)