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HomeMy WebLinkAboutInterlocal Agreements - 2008.06.12 - 5865 Charter Township of Lyon Board of Trustees May 5, 2008 Page 1 CHARTER TOWNSHIP OF LYON BOARD OF TRUSTEES MEETING MINUTES May 5, 2008 Approved as submitted June 2, 2008. DATE: May 5, 2008 TIME: 7:00 PM PLACE: 58000 Grand River 1. Call to Order: Supervisor Young called the meeting to order at 7:00 PM. 2. Pledge of Allegiance 3. Roll Call: Present: Lannie Young, Supervisor Patricia Carcone, Treasurer Pamela Johnson, Clerk Dan Cash, Trustee Brent Hemker, Trustee John Hicks, Trustee Chriss Roberts, Trustee Also Present: Matthew Quinn, Township Attorney Chris Doozan, Township Planner Leslie Zawada, Township Engineer Jim Sharpe, Township Engineer Al Hogan, Building Official Les Cash, Fire Chief Guests: 41 4. APPROVAL OF THE CONSENT AGENDA - Approval of Regular Meeting Minutes of April 7, 2008 - Approval of Disbursements - Building Department Report for March, 2008 - Fire Department Report for March, 2008 - Zoning Report for March, 2008 - Engineer Status Report for March, 2008 - Acceptance of Bill of Sale for Sewer Line from (Offsite) from Republic West LLC - Acceptance of Bill of Sale for Water Line (Offsite) from Republic West LLC - Acceptance of Bill of Sale for Water Line (Onsite) from Republic West LLC - Acceptance of Bill of Sale for Sewer Line (Onsite) from Republic West LLC - Acceptance of Permanent Sewer Easement from Woodwind Investments, LLC re: parcel 21-22-300-057 - Acceptance of Permanent Sewer Easement from Curtis A & M Lyon, LLC re: parcel 21-23-400-016 - Acceptance of Permanent Sewer Easement from Dallas A. & Virginia Fletcher & Clayton G. & Ruth E. Rickard, re: parcel 21-23-100-004 - Acceptance of Permanent Sewer Easement from Derrick D. & Lisa Ann Dohany re: 21-27-100-005 & 21-27-100-004 Charter Township of Lyon Board of Trustees May 5, 2008 Page 2 - Acceptance of Permanent Sewer Easement from Fifty Eight Limited Liability Company re: 21-27-100-027 - Acceptance of Permanent Sewer Easement from Glenn Lee Fletcher re: parcel 21-27-100-006 - Acceptance of Permanent Sewer Easement from Foriz Land Co., LLC re: parcel 21-22-400-008 & 009 - Acceptance of Permanent Sewer Easement and Construction Agreement re: parcel 21-27-200-001 - Acceptance of Permanent Sewer Easement from Howard George & Betty J. Hendrian, Trustees of the Hendrian Living Trust re: parcel 21-27-100-009 - Acceptance of Permanent Sewer Easement from Roger & Janis James re: parcel 21-27-100-007 - Acceptance of Permanent Sewer Easement from South Lyon, Michigan Congregation of Jehovah’s Witnesses re: parcel 21-27-100-017 - Acceptance of Permanent Sewer Easement from the Charter Township of Lyon re: parcel 21-27-100-026 - Acceptance of Permanent Sewer Easement from David & Alta Moore re: parcel 21-27-100-003 - Acceptance of Permanent Sewer Easement from Park Place Environment re: parcel 21-23-400-009 - Acceptance of Revised Grant of Permanent Easement fro Sanitary Sewer, Municipal Public Services and Public Utilities from WoodWind Development, LLC re: parcel 21-22-300-055 - Acceptance of Stipulated Order Vesting Title of Easement in Township of Lyon, Requiring Payment of Escrowed Funds, and Requiring Surrender of Possession of Property and Consent Judgment (G. Matei) re: parcel 21-27-100-020 - Acceptance of Stipulated Order Vesting Easement in Township of Lyon, Releasing Estimated Just Compensation and Surrendering Possession of Property and Judgment on Case Evaluation (Whitney) re: parcel 21-27-100-015 - Acceptance of Permanent Sewer Easement and Temporary Construction Easement from Excavation Engineering, Inc. re: parcel 21-29-426-015 - Acceptance of Permanent Sewer Easement and Temporary Construction Easement from Griswold Property, LLC re: parcel 21-29-426-015 - Acceptance of Permanent Water Main Easement, Sanitary Sewer Easement and Temporary Construction Easement from Hutto Family, LLC re: parcel 21-33-151-001 - Acceptance of Permanent Sewer Easement and Temporary Construction Easement from D.T. Litz, LLC re: parcel 21-29-426-012 - Acceptance of Permanent Sewer Easement from the Charter Township of Lyon re: parcel 21-23-300-010 - Acceptance of Permanent Sewer Easement and Temporary Construction Easement from John & Linda Measel re: parcel 21-29-426-011 - Acceptance of Permanent Sewer Easement and Temporary Construction Easement from Proto-Techniques, Inc. re: parcel 21-29-426-002 - Acceptance of Permanent Sewer Easement from Mark & Lori A. Skrelja re: parcel 21-28-100-051 - Acceptance of Permanent Sewer Easement from Alexandru A. & Theresa Szecsku re: parcel 21-28-100-048,049 & 050 - Acceptance of Permanent Sewer Easement and Temporary Construction Easement from J & T Property Holdings, LLC re: parcel 21-29-426-007 - Acceptance of Permanent Sewer Easement from Van Oyen Development, LLC re: parcel 21-28-100-034 - Acceptance of Permanent Sewer Easement from Raymond A. & Irene W. Raney as Co-Trustees and the Raney Trust Agreement re: parcel 21-28-200-018 - Acceptance of Grant of Permanent Sewer Easement from Republic West, LLC for parcel 21-03-127-005 - Acceptance of Grant of Permanent Water Easement from Republic West, LLC for parcel 21-03-127-005 Charter Township of Lyon Board of Trustees May 5, 2008 Page 3 - Acceptance of Amended Bill of Sale for Water Line from Copperwood RD, LLC - Acceptance of Amended Bill of Sale for Sewer Line from Copperwood RD, LLC Ms. Carcone moved to approve the Consent Agenda as submitted. Mr. Hicks seconded the motion. Roll Call Vote: Ayes: Johnson, Carcone, Young, Roberts, Hemker, Hicks, Cash Nays: None Motion approved. 5. ANNOUNCEMENTS AND COMMUNICATIONS a. Oakland County Drain Commissioner, John McCulloch – Presentation on Asset Management Mr. McCulloch gave a brief presentation on CAMS (Asset Management) Mr. Young asked if there were any other announcements or communications. Ms. Johnson thanked Sgt. Mark Venus, Deputies James Henderson, Jerry Petrusha and Todd Wood for helping Richard, the Township Maintenance Man, in getting the cemetery sign back up. 6. CALL TO THE PUBLIC NONE 7. APPROVAL OF AGENDA The following issue was added to the agenda: - 8a. Resolution Determining Necessity Mr. Hicks moved to approve the agenda as amended. Ms. Carcone seconded the motion. Voice Vote: Ayes: All Nays: None Motion approved. 8. PUBLIC HEARING – East Lyon Center Drive Special Assessment District Jim Sharpe, Township Engineer, explained the proposed project. Mr. Hick moved to open the public hearing for the East Lyon Center Drive Special Assessment District. Ms. Johnson seconded the motion. Voice Vote: Ayes: All Nays: None Motion approved. Dana Kittridge, 56230 & 56200 Grand River, indicated that he received notification that his parcels are included in this SAD. It was determined that his properties do not touch the proposed ring road, therefore, his properties are not included. Sean Havera, Lyon Gateway, 30180 Lyon Towne Center Drive, commented on the SAD and indicated that he is not in favor of this. Charter Township of Lyon Board of Trustees May 5, 2008 Page 4 Ms. Johnson noted that they received two letters of objection today regarding this SAD, DJ Brick and Community Choice. Mr. Young closed the public hearing at 7:28 PM. 8a. Resolution Determining Necessity Mr. Cash moved to approve the resolution determining necessity of improvements and special assessment district for the East Lyon Center Drive paving improvement special assessment district in the amount of $10,710,000. Mr. Roberts seconded the motion. Roll Call Vote: Ayes: Johnson, Young, Hemker, Hicks, Cash, Carcone, Roberts Nays: None Motion approved. 9. UNFINISHED BUSINESS a. Donahee Farms Request for Roadside Stand for Product Sales – Reconsideration Approval at the April 24th Special Meeting Duke Donahee briefly explained what he is proposing. The following commented in favor of this issue: - Penny McIlrath, 9008 Glenwood Lane, Salem - Linda Moorhead, 7212 Angle Road, Northville -Wendy Feskorn, 6450 Six Mile Road, Salem - Laura Spearman, 20871 Greenbriar, South Lyon - Dana Kittridge, 56230 & 56200 Grand River, New Hudson The Board discussed this issue and several Board members commented. Mr. Young noted that they need to address the $500 fee that was refunded to Mr. Donahee and the dates requested for the stand. It was noted that the dates requested are from May 1, 2008 through pumpkin season, November 1, 2008. Mr. Hicks moved to approve the Donahee Farms roadside stand at 23750 Pontiac Trial subject to the conditions of the McKenna Associates, Inc. letter of April 3, 2008. The applicant must obtain approval from the Building Department for a sign, the facility shall be operated as specified in the application, gravel shall be brought in to fix the pothole at the entrance, and the $500 application fee will be necessary and paid to the Township. Ms. Johnson seconded the motion. Roll Call Vote: Ayes: Roberts, Hicks, Johnson, Hemker, Young Nays: Cash, Carcone Motion approved. b. Appointment of Fire Chief Mr. Young stated that because of Chief Cash’s pending retirement in July, 2008, it was necessary to go through the process of finding a new Fire Chief. He stated that Ron McClain and his family is in the audience this evening and the Board is here to consider appointing him as Fire Chief. Mr. Hicks moved that the Lyon Township Board of Trustees hire Ron McClain as the Lyon Township Fire Chief with a starting date of June 2, 2008 to work with Chief Cash until his retirement on June 30, 2008. On July 1, 2009 Ron McClain will assume the full role and responsibility as Lyon Township Fire Charter Township of Lyon Board of Trustees May 5, 2008 Page 5 Chief subject to the following conditions: A letter of employment will be extended to Ron McClain to become an “At Will” employee subject to the Lyon Township Personnel Manual except for the variances and additions listed: Ron will be offered 10 days vacation for the first year of employment. Beginning the second year through the sixth year; 15 days per year will be offered. Thereafter, vacation days will accrue according to Section 7.2 of the Personnel Manual. Ron will receive three personal days for 2008 and then beginning January 1, 2009, personal days will accrue according to Section 8.2 of the Personnel Manual. Health insurance, according to Section 10.2, will not be offered. Additionally, a starting salary of $75,000 dollars per year will be offered with annual increases as determined by the Township Board. A command vehicle will be provided and equipped from the Township’s existing fleet of vehicles. A review of the Fire Chief’s performance by the Board will take place at 90 days of employment, at six months of employment and then once per year thereafter. Mr. Cash seconded the motion. Roll Call Vote: Ayes: Carcone, Hemker, Roberts, Johnson, Young, Hicks, Cash Nays: None Motion approved. Ron McClain thanked the Board for their support and confidence. He promised the Board that he will do the best job that he possibly can and that he won’t let the Board down. c. Planning Commission Appointment Mr. Young indicated that this appointment is to replace Laura James, who is moving on to write a book. Mr. Young moved to appoint Lise Blades to the Planning Commission to complete the current term of Laura James, which is a three year term expiring November 30, 2010. Mr. Hicks seconded the motion. Voice Vote: Ayes: All Nays: None Motion approved. d. Consideration of Buy Back Agreement for Sewer & Water Requested by Bob Saks Ms. Zawada reviewed the information in the Giffels-Webster Engineers letter dated April 28, 2008 regarding this issue. There was discussion regarding pay back agreements and how they work. Ms. Carcone suggested that she get together with Ms. Zawada to work on this and bring it back to the Board. Kevin Mechigian, Bob Saks, indicated that he would be willing to pay for the Consultant’s time. Charter Township of Lyon Board of Trustees May 5, 2008 Page 6 Ms. Carcone moved to work on a pay back ordinance for Bob Saks with the help of Ms. Zawada and if necessary, Mr. Quinn. Mr. Roberts seconded the motion. Roll Call Vote: Ayes: Hicks, Carcone, Roberts, Cash, Johnson, Young Nays: Hemker Motion approved. e. Proposed Revisions to Engineering Standards Ms. Zawada reviewed the recommended changes by Giffels-Webster Engineers. Mr. Cash moved to approve the proposed revisions to the engineering standards. Mr. Hicks seconded the motion. Voice Vote: Ayes: All Nays: None Motion approved. f. Proposed Amendments to Senior Housing Regulations Mr. Quinn reviewed the proposed amendments. He noted that this is the second reading. Mr. Hicks moved to approve the second reading of the amendments to Section 19.03, Housing for the Elderly. Mr. Roberts seconded the motion. Roll Call Vote: Ayes: Roberts, Johnson, Cash, Young, Hicks, Carcone Nays: Hemker Motion approved. g. Proposed Revisions to the Noxious Weeds Ordinance Mr. Quinn reviewed the proposed revisions. He noted that the Towne Center Overlay District will be added to this. He noted that a motion to amend this ordinance to consider this as the first reading. It will be brought back to the Board at the next meeting for the second reading. Mr. Hicks moved to adopt the second reading of the resolution establishing Article VII, Noxious Weeds and Tall Grass to Redefine the Properties that are required to cut Noxious Weeds and Tall Grass by Amendments to Section 18-313. Mr. Hemker seconded the motion. Roll Call Vote: Ayes: Johnson, Roberts, Carcone, Cash, Hicks, Hemker, Young Nays: None Motion approved h. Newly Elected Official Wage Resolution Discussion regarding this issue began with comments from each of the Board members as to how they felt about this issue. Ms. Johnson felt that it was a conflict of interest for Mr. Cash to comment on this issue who will possibly stand to directly benefit from this. It was noted that Michelle Cash, Dan’s wife, is running for the Clerk ‘s position. Charter Township of Lyon Board of Trustees May 5, 2008 Page 7 Ms. Johnson moved to have Dan Cash abstain from comment on this issue. Mr. Roberts seconded the motion. Roll Call Vote: Ayes: Roberts, Johnson Nays: Young, Hicks, Carcone, Hemker, Cash Motion failed. Discussion continued. The following residents also commented on this issue: - Jim Chuck, 25365 Stanley Lane - Robert Smith, 21845 Lyon Meadow Court - Laura Spearman, 20871Greenbrier Mr. Hemker moved to adopt the resolution establishing salaries for township positions. Ms. Johnson seconded the motion. Roll Call Vote: Ayes: Hemker, Roberts, Johnson Nays: Hicks, Carcone, Cash, Young Motion failed. i. Determination of Supervisor Position Mr. Young gave as brief overview of this issue. Discussion began with comments from the Board and comments from the following residents: - Robert Smith, 21845 Lyon Meadow Court Mr. Cash moved by resolution to establish the position of Township Supervisor as full time adopting this resolution on the form provided. Ms. Carcone seconded the motion. Roll Call Vote: Ayes: Cash, Carcone, Young, Roberts, Hemker, Johnson, Hicks Nays: None Motion approved. 10. NEW BUSINESS a. Fire Works Application from Walnut Creek County Club Ms. Johnson noted that the applicant could not attend the meeting tonight but wanted the Board to still vote on their application. She noted that this will be a private display for the club’s members and will not be open to the public. Mr. Quinn noted a couple changes than need to be made: 1. On the permit for fireworks display, State Police Form, the City of South Lyon should be changed to read Township of Lyon. 2. On the certificate of liability insurance, the Township should be named as a certificate holder also. Mr. Cash moved to approve the fireworks application for Walnut Creek Country Club including the changes made by the Board. They must also comply with the International Fire Code that the Township has adopted. Ms. Johnson seconded the motion. Voice Vote: Ayes: All Nays: None Charter Township of Lyon Board of Trustees May 5, 2008 Page 8 Motion approved. b. Building Department Parking Lot – Recommendation of Contract Award Ms. Zawada reviewed the information in the Giffels-Webster Engineers letter dated April 29, 2008, regarding this issue. She discussed this topic and the next issue together. Mr. Cash moved to approve the low bid submitted by F. Allied Construction in the amount of $226,254.95. Mr. Hicks seconded the motion. Roll Call Vote: Ayes: Young, Hicks, Roberts, Cash, Johnson, Carcone Nays: Hemker Motion approved. c. Building Department Parking Lot – Contract Administration and Staking Mr. Cash moved to approve the total expense of $316,330.63 from the departments as indicated in the attached memo. Mr. Hicks seconded the motion. Roll Call Vote: Ayes: Hicks, Carcone, Roberts, Johnson, Cash, Young Nays: Hemker Motion approved. d. Contract for Assessing Services with Oakland County Equalization for 2009 Mr. Young summarized the differences between last year’s contract and this one. Mr. Quinn noted that this contract is in the same format as the last contract that the Township entered into except of the cost and the fact that this would be a one year term contract. Ms. Carcone requested that they talk to the Assessor to make sure that the tax on a parcel will be at least $14.70. She noted that there have been tax bills for $0.40. Ms. Johnson moved to approve the July 1, 2009 contract with Oakland County Equalization for assessing services for Lyon Township real and personal property services. Mr. Hicks seconded the motion. Roll Call Vote: Ayes: Cash, Hemker, Johnson, Young, Roberts, Carcone, Hicks Nays: None Motion approved. 11. ITEMS REMOVED FROM CONSENT AGENDA FOR ACTION OR DISCUSSION NONE 12. ADJOURNMENT Ms. Carcone moved to adjourn the meeting and go into and Executive Session. Mr. Young seconded the motion. The meeting was recessed at 9:37 PM. Voice Vote: Ayes: All Nays: None Motion approved. Charter Township of Lyon Board of Trustees May 5, 2008 Page 9 13. EXECUTIVE SESSION REGARDING PENDING LITIGATION & PROPERTY ACQUISITION Supervisor Young adjourned the meeting at 10:05 PM. Respectfully Submitted, Deby Cothery Deby Cothery Pamela Johnson Recording Secretary Clerk