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HomeMy WebLinkAboutInterlocal Agreements - 2018.02.21 - 6987 March 15, 2018 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 February 21, 2018 the Board of Commissioners for Oakland County entered into an agreement per MR #18029 – Sheriff’s Office – Fire Dispatch Service Agreement with the Charter Township of Lyon, April 1, 2018 – March 31, 20121. As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement 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 #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, CERA Director of Elections Cc: Pat Davis, Corporation Counsel, Oakland County Donna Dyer, Corporation Counsel, Oakland County Dale Cunningham, Business Manager, Oakland County Sheriff’s Office John Dolan, Supervisor, Charter Township of Lyon Enclosures Charter Township of Lyon Board of Trustees February 5, 2018 Page 1 Charter Township of Lyon Board of Trustees Regular Meeting Minutes February 5, 2018 Approved: MARCH 5, 2018 The meeting was called to order by Supervisor Dolan at 7:00 p.m. Roll Call: Lise Blades Patricia Carcone Michele Cash John Dolan Kristofer Enlow John Hicks Sean O’Neil Guests: 19 Also Present: Christina Archer, DDA Bob Martin, DPW Patrick Sloan, McKenna Associates Carol Rosati, Township Attorney Leslie Zawada, Civil Engineering Solutions, Inc. APPROVAL OF CONSENT AGENDA Approval of Special Board Meeting Minutes of January 2, 2018 Approval of Regular Meeting Minutes of January 2, 2018 Approval of Special Board Meeting Minutes of January 11, 2018 Approval of Disbursements Building Department Report for December 2017 Fire Report December 2017 Zoning Report January 2018 Sheriff’s Tri Annual Report Motion by Cash, second by Hicks To approve the consent agenda as submitted. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED ANNOUNCEMENTS AND COMMUNICATIONS - None Charter Township of Lyon Board of Trustees February 5, 2018 Page 2 CALL TO THE PUBLIC Frank Sakorafos, 24233 Tara Dr., He explained he did not receive a call from anyone at the Township last month. Clerk Cash explained they did look at the lighting and they appear to be existing, not new lighting and didn’t notice anything shining in his yard. Mr. Sakorafos stated he wanted to know why the dog lounge has not been shut down yet. Supervisor Dolan explained this issue is in the hands of the attorney right now. Mr. Sakorafos stated he is in fear that they will just let the veterinarian continue to do this. He suggested getting rid of the literature on the website under zoning since he feels nothing is being done. REPORTS DDA – Ms. Archer brought the Board up to date regarding current DDA events in the Township and announced Cottage Inn has opened. Fire Chief – Chief Van Sparrentak reported they submitted the FEMA Grant for an exhaust removal system. They are looking at 24-hour staffing options. There was a trailer fire last week and they had assistance from Green Oak Township and the City of South Lyon and no one was hurt. Sheriff – None Planning Commission – Treasurer Carcone brought the Board up to date regarding the Planning Commission meetings in January. ZBA – Trustee Blades gave an update regarding the January ZBA meeting. Park Advisory Board – None DPW - Mr. Martin reported for the last month they have been out at 17 different lift stations resetting the parameters and pump levels. He explained that they are making changes to how often a lift station turns on and off. The ones that have been adjusted are down from 95 starts to less than 20, which is awesome. These changes will help in preserving the equipment and cost less as far as Detroit Edison is concerned. Planning – Mr. Sloan summarized the things they are working on and reported he will present a report each month to the Board. APPROVAL OF AGENDA Supervisor Dolan removed the Oakland SWA Pineview Site Plan Review; AP-17-39 at the applicant’s request. Trustee O’Neil amended item L to be L (a) and then added L (b) Resolution 2018-07 adoption of the amendment to Lyon Township’s portion of the sanitary sewer connection and utility fee schedule. Motion by O’Neil, second by Carcone To approve the agenda as amended. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED Charter Township of Lyon Board of Trustees February 5, 2018 Page 3 UNFINISHED BUSINESS A. Artesian of Pioneer Water Discussion Mr. Martin gave a brief update regarding the water. There is plenty of water and by the end of the week they are expecting the DEQ will approve the plans so Artesian of Pioneer can begin the expansion of the water plant at South Hill. This will lead to much higher quality of water for our residents. They have worked out an agreement with the softening of the water but the details are not known yet. NEW BUSINESS A. L.E.O. Special Events Application for Kite Festival Ms. Archer explained the Kite Festival is celebrating their 10th anniversary this year on June 1st, 2nd and 3rd with the addition of a Friday night for the first time. They are requesting permission to serve beer and wine at the Friday night event. The Oakland County Sheriff will be present; they will meet the insurance requirements, and provide a copy of the policy to the Township and add the Township as an additional insurer. Trustee Blades questioned contacting the Fire Chief and Sheriff’s Lieutenant regarding public safety. Ms. Archer explained they attend the administrative meeting, and they keep the Fire Department and Sheriff informed as they go along. Mr. Chuck stated there will be plenty of security. They are planning a couple of bands lined up along with the kite flying at night. Motion by O’Neil, second by Carcone To approve the L.E.O. request for Township Ordinance 30-47 to serve during the 2018 Kite Festival beer and wine for Friday night, June 1, 2018. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED B. Oakland SWA Pineview Site Plan Review; AP-17-39 – Postponed until the March Board meeting at the applicant’s request. Charter Township of Lyon Board of Trustees February 5, 2018 Page 4 C. Proposed Street Lighting at the Intersection of Grand River Ave & Martindale Road Treasurer Carcone explained she has had residents ask to have a street light installed at the intersection of Grand River and Martindale Road. The contribution from Lyon Township would total $627.69. She felt it would be very beneficial to the residents and the Board agreed. Motion by Carcone, second by Blades To approve the proposed street lighting at the intersection of Grand River Avenue and Martindale Road with the Township’s contribution cost of $627.69 and have the Supervisor sign the lighting purchase agreement. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED Treasurer Carcone explained the Tanglewood lighting issue and suggested it go on the agenda for next month. D. Estates at Hutsfield Planned Development – Final Review, AP-16-26 Mr. Sloan reviewed the McKenna memo dated January 26, 2018. He explained the Planning Commission recommended approval of the final plan for the Estates at Hutsfield PD to the Township Board, subject to the conditions in the McKenna review letter of December 14, 2017 and the CES review letter of January 8, 2018. He would also recommend approval of the final planned development subject to those conditions. Ms. Zawada referenced the CES memo dated February 2, 2018. She made note of the following items: Sheet 1 Cover Sheet/General Comments 1. Site plan note number 2 calls for sanitary sewer stubs at two locations. These should be shown and labeled on the plans for future extension. Sanitary sewer may be required along the entire frontage of Griswold Road as stated in our review letter dated August 17, 2016 and should be discussed at the Township Board meeting. Sheet 6 Grading, Drainage and Storm Water Management Charter Township of Lyon Board of Trustees February 5, 2018 Page 5 1. Wetland limits do not match the legend and should be addressed on final PD plans. 2. The proposed 10-foot-wide path should be extended to the intersection of Griswold and Eight Mile Roads with A.D.A. ramps as required or the applicant should deposit the equivalent cost into the Township Pathway Fund if this alternative is acceptable. Sheet 7 Utility Plan 1. The proposed water main size throughout the project should be shown on the plans. 2. The exact configuration of water main, sanitary sewer and storm sewer will be reviewed during detailed engineering review, including hydrant and gate valve spacing. Sheet 8 Parallel Plan 1. Storm water detention basins shown on plan do not have enough information for them to be reviewed to determine if they are in compliance with the engineering design standards. Ms. Rosati explained they have been working on the PD Agreement, but it has not been finalized. She questioned the situation dealing with the model homes. She also understood that the $150,000 was just to be given and it wasn’t a situation where if it cost less it would go to the road fund. She explained this parcel went through foreclosure and was burdened by substantial SAD payments. The Township picked the property back up and they would have had to figure out how to make those payments. The agreement of sale had conditions on it and one of those conditions was a guarantee that the developer would be able to develop up to 280 units and a guarantee that they would receive a certain amount of REU’s. Since that time, the units have been reduced that the developer is entitled to and the developer agreed to do some other things including the $150,000 contribution. Under the agreement, this is a project that the Township must approve. If they did not approve it the Township would be in breach of contract. Mr. Cousineau provided a power point presentation giving an overview of the plan. They are prepared to pledge a maximum of $150,000 to the roadway fund. They have no issues with the McKenna comments and conditions. Regarding CES comments, they do have an issue with regard to the sanitary sewer and frontage sewer lines. They have proposed 4 points of sanitary sewer access. He evaluated the properties to the west and currently that area has 30 homes in that area, with several private roads, the likelihood these developments will want to connect to the sewer system are remote, and it would cost about $50,000 per home to connect to sanitary sewer. He felt they have complied with the intent of the ordinance. He confirmed the voluntary contribution of $150,000 is not tied to anything but they hoped it would go for the Griswold intersection. Regarding the model homes, the Charter Township of Lyon Board of Trustees February 5, 2018 Page 6 ordinance requires 1 model per builder, they anticipate 2-4 builders for the entire project, and they would like each builder to have a maximum number of 2 model homes per builder. Trustee Blades questioned if the wetlands match the legend. Ms. Zawada stated they did not match at the time of the review but she thought it just needed to be clarified in the plan set before it’s recorded. Trustee Blades commented there is only one ranch and wondered if that was the only ranch elevation. Mr. Cousineau stated he knew there were about 30 different elevation types. She felt with the distance between homes and the housing product, the feel of it will be claustrophobic she hoped for more ranches. Mr. Mancinelli stated they can offer more ranches with different elevations since the market drives it. It’s difficult to know what they will have; ranches are very expensive to build. Trustee Blades commented she would like to see the sanitary sewer along the entire frontage. She felt the intent is to have it throughout the entire frontage and didn’t feel it met the intent of the ordinance. Trustee Enlow noted he would like to see more ranches as well and he was ok with more model homes. The 10’ pathway would be beneficial. He is in favor of adhering to the ordinance and doing the sanitary sewer extensions. He liked the access point on Eight Mile. The $150,000 contribution should not be a not to exceed amount. The traffic impact study does recommend a signalized intersection at 8 Mile and Griswold and also at 9 Mile and Griswold. This includes protective left turn phasing for Eight Mile as well as overlapping right turns for west and southbound approaches so if that money is donated then that is the type of signal they should be pushing for with the Road Commission. Mr. Cousineau stated they will not interface with Oakland County and Washtenaw with regard to design in that intersection they will rely on the Township to do that. Trustee O’Neil stated he is concerned with the 10’ between buildings; he is interested in knowing what the building materials are since they are so close. He is concerned regarding safety and fire and the look and the scale. He also noted the landscape plan and suggesting going beyond and buffer for light and noise. He would not object to stubbing out to go east and he largely agreed the sanitary sewer should be put in. Mr. Cousineau explained the sanitary sewer along Griswold would only service about 8 homes that front on Griswold, the remainder go west on private drives. Mr. Mancinelli stated even if the sewer was there, the residents would still spend about $35,000 to $50,000 to connect, it would not lower it because they still must cross the street to get to the sewer. Mr. Mancinelli stated if it’s the flavor of the board to provide sewer service to everyone, then they will figure out a way to run it along their side of Griswold. Trustee O’Neil explained it’s a waste of time to extend it along Eight Mile. Mr. Mancinelli explained he believed there would be a bottleneck along Eight Mile if there was an entrance there. Charter Township of Lyon Board of Trustees February 5, 2018 Page 7 Most of the Board members were in agreement with the number of model homes presented. Treasurer Carcone gave a brief history of the property. Trustee Hicks stated if the sewer will adequately take care of people on the other side then the sewer is a must. Ms. Zawada stated right now it will not service the residents along Griswold. Having the sewer along Eight Mile benefits no one and it will never be used by the residents. It’s really a Board decision whether they want to provide that service to everyone. Ms. Zawada confirmed a home would have to connect to the sewer if the home is within 250’ feet of the sewer if their septic field failed. Mr. Mancinelli provided a way the extension could be done along Griswold. He stated they will design something between now and the next meeting. Motion by Cash, second by Hicks To approve Estates at Hutsfield planned development final plan review to second reading subject to the McKenna memo dated 1/26/18 and the CES memo dated 2/2/18 and the pathway ramps. Roll Call Vote: Ayes: Cash, O’Neil, Hicks, Carcone, Dolan Nays: Blades, Enlow MOTION APPROVED E. Deer Haven at Hasenclever Farms; AP-17-19 – Request to eliminate a sidewalk Mr. Sloan reviewed the McKenna memo dated January 6, 2018. At the January 8, 2018 meeting, the Planning Commission recommended approval of this request due to the site elevation change, the fact that there will be a sidewalk on one side, and the request from the Homeowners on the south side that do not want the sidewalk along their lots. He recommended that this request be approved. Motion by O’Neil, second by Carcone To approve the request to eliminate the sidewalk per Planning Commission and the McKenna memo dated 1/26/18 and due to the fact that the 4 existing homeowners do not want the sidewalk and are not part of the new development. Trustee Blades questioned if Mr. Mancinelli would make a contribution. Mr. Mancinelli stated no he would not be willing to make a contribution because he has never done a subdivision like this because they are not part of the condominium. Voice Vote: Ayes: Unanimous Charter Township of Lyon Board of Trustees February 5, 2018 Page 8 Nays: None MOTION APPROVED F. Huntmoore Estates Planned Development; AP-17-18 – Preliminary Review Mr. Sloan reviewed the McKenna memo dated January 26, 2018. He explained the Planning Commission deliberated at their last meeting and adopted a motion to recommend approval of the preliminary plan for Huntmoore Estates Planned Development to the Township Board, subject to the December 26, 2017 review letter from McKenna and the January 18, 2018 review letter from CES. Ms. Zawada reviewed the CES memo dated January 31, 2018 and noted the following: General Comments 1. The preliminary plan shows a total of 53 units, this applicant paid for 42 REUs of sanitary sewer capacity. 2. The proposed 6-foot-wide path lies within parts of the 25 foot wetland buffer and is proposed to be constructed with recycled asphalt millings 6 inches thick. This should be discussed at the Township Board meeting. Parallel Plan Review 1. The wetland fill areas are shown on the parallel plan as 1.22 acres. This site plan that is proposed has 0 acres of wetland to be filled which does not comply with the recent revision to the zoning ordinance that was approved at the Township’s January Board meeting. This item should be discussed at the Township Board meeting. Mr. Elkow gave a brief power point presentation explaining that the name of the development has changed to Lyon Preserve. He explained he will keep the tree hedgerow on the east side of the property as well as the large woodland area to the south. Open space is 62%. He confirmed the paving of the approach to Douglas Drive when they do the center left turn lane and a contribution of $100,000 to the Township Park. Center left turn lane to Douglas Drive will also be a benefit to residents. An established trail system and tot lot will also be incorporated. They are not building in the wetland setbacks but will be encroaching into the setback with the trail. Trustee O’Neil confirmed the Arnett’s driveway will have an apron paved. Trustee Enlow questioned the 3 drive approaches along Ten Mile. Mr. Elkow stated the Road Commission will dictate what they will and won’t have to do with those driveways. Trustee Enlow stated it’s an improvement and Mr. Elkow took their comments into account. There are several benefits provided, the paving of the approach at Douglas and the neighboring approaches, the contribution to the park, the tot lot and the pathway. He would prefer that the path is a hard surface. He questioned if the tot lot could go with phase 1. Mr. Elkow stated yes, but he would need to look at grading plans first. Treasurer Carcone stated this property got sold at the first round in the tax sale and Mr. Charter Township of Lyon Board of Trustees February 5, 2018 Page 9 Elkow purchased it from the person that bought it at tax sale. Ms. Zawada explained there is capacity. Trustee Enlow commented the left turn lane was recommended on the traffic impact study, he wanted that noted. Road Commission was satisfied with tapers per Mr. Elkow. Treasurer Carcone explained that Mr. Elkow would make the Township whole at 55 units. She will bring the dollar amount next time. Mr. Elkow confirmed the price point will be $425,000 to start. Clerk Cash questioned when people ask for a 3-car garage, will those fit in the building envelope or will it run into shared areas. Mr. Elkow stated they will have to designate where the 3 car garages will fit. Trustee Hicks loved the layout and felt at that price point they will see a lot of 3 car garages. Mr. Elkow explained they can build some but not all of them. Trustee Blades stated she wasn’t sure on the surface for the trail way. She pointed out this is a good example of clustering being done well. She is not comfortable with 20’ between homes although she does recognize the contribution to the park and the paving of Douglas Drive and one additional driveway. She likes the usable open space but is concerned with the density bonus. She suggested removing lot 43 it might give another opportunity for people to access the trail. Also, consider eliminating lot 1, and spread a little more space between the lots. Trustee O’Neil stated if the master plan is followed and the developer builds to the master plan density, he yields 53. Mr. Sloan stated the Master Plan is for providing a guideline, rarely can you produce a parallel plan that can yield what the Master Plan is. Mr. Elkow explained they came in at 55 and he dropped 2 units then. The surrounding area concludes it’s a good plan the way it is. Jason Weaver, 24225 Douglas Drive – He’s got a good deal here, he has no problem, and he has to stare at this every day. Trustee O’Neil asked if it was fair to say everyone on Douglas Drive was happy. Mr. Weaver stated everyone is happy. Treasurer Carcone explained there were residents that came from Stoneleigh and Douglas Drive at the Planning Commission meeting and they were happy with the plan. Stoneleigh was concerned with drainage and construction traffic not coming through their development. Motion by Cash, second by Hicks To approve Lyon Preserve, formerly Huntsmoore Estates Planned Development; AP-17-18, Preliminary Review including the McKenna memo dated 1/26/18 and the CES memo dated 1/31/18. Charter Township of Lyon Board of Trustees February 5, 2018 Page 10 Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED G. Griswold Road Planned Development; AP-17-18 – Conceptual Review Mr. Sloan reviewed the McKenna memo dated January 29, 2018. Comments from the Planning Commission included the following: • The proposed front yard setbacks of 25 feet were considered too small. • The proposed side yard setbacks of 7.5 feet were considered too small. • While they previously recommended construction of a fence along the railroad tracks and the east lot line, some of the Planning Commissioners were concerned that a fence might not be the best approach for discouraging access between the development and the railroad tracks. This is an item that can be revised at preliminary review. • The overall density was considered high in the proposed development area, and the Planning Commissioners questioned whether some of the units could be relocated to the far north portion of the site. • There were concerns about the irregular shape of the development and the main loop road. Ms. Zawada referenced the CES memo dated January 31, 2018 she noted the following concerns: General 1. A secondary water main tap will be required if the development is approved with more than 26 units, per the engineering design standards. 2. She would recommend a discussion regarding the traffic study recommendation at the Township Board meeting. 3. Note that this parcel did not participate in the Southwest Sanitary Sewer SAD. Mr. Elkow explained the challenge of this parcel and provided a power point presentation to the Board. He provided two other possible layouts for the site. He felt this is a good logical use of the land. Trustee Hicks asked how far the homes are from the railroad track. Mr. Elkow stated he didn’t know he would have to get back to him. Mr. Enlow agrees with the comments on setbacks. It inflates the open space numbers. Pathway should extend across the frontage, crossing of Griswold to connect to Deer Haven. Mr. Enlow felt that the Community Benefits were cited as a rural view shed, which is inaccurate as Lot 1 does not even meet the minimum 75’ setback. The Board was in agreement that more space between units was needed and they were all looking for community benefits, trail to access the north upland and tot lot. They Charter Township of Lyon Board of Trustees February 5, 2018 Page 11 liked the large amount of open space but felt it should be some sort of usable open space. Duplexes were suggested and or something affordable. Mr. Elkow stated he may request a steering committee to take on more suggestions and ideas to discuss and further the project along. H. Fire Department Request to Purchase of MobileEyes Inspection Software Fire Marshal Holzheimer explained they would like to purchase the Mobile Eyes Inspector Software to allow them to perform more inspections annually and limit the amount of downtime at the office performing redundant paperwork and filing to track performed inspections. The purchase will come from budget line item 758.001 for $5,675.00. Trustee O’Neil confirmed there is a mutual aid application. Treasurer Carcone asked if there were other types of software that does the same thing. Fire Marshal Holzheimer stated there are but just by networking and going to conferences he found that 95% of them are coming back with MobileEyes. Trustee Blades questioned if the cost is currently built into the budget and for the annual renewal. Fire Marshal Holzheimer stated yes and confirmed it will raise his productivity. Motion by Carcone, second by Blades To approve the purchase of MobileEyes Inspection Software from budget line item 758.001 in the amount of $5,675.00 covering the items listed in the memo dated 1/12/18 from Fire Marshal Holzheimer. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED I. Fire Department Request Purchase of Bullex Smoke Generator 4000 Chief Van Sparrentak explained the request to purchase the Smoke Generator 4000 with wireless remote to utilize for firefighter training. The purchase of the Bullex Smoke Generator 4000 allows LTFD to simulate limited visibility conditions and recreates actual experiences a firefighter will face during search and rescue operations, ventilation or initial fire attack drills. The purchase will come from budget line item 977.001 in the amount of $3,348.93. Motion by O’Neil, second by Blades To approve the Fire Department request to purchase Bullex Smoke Generator 4000 in the amount of $3,348.93 from line item 977.001 and the Charter Township of Lyon Board of Trustees February 5, 2018 Page 12 rest of the items included in the proposal from Bullex dated 11/2017. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED J. Fire Dispatch Service Agreement between Oakland County and Lyon Twp. Chief Van Sparrentak reviewed the proposed contract renewal for emergency fire dispatch services between Oakland County and the Lyon Township Fire Department. LTFD recommended the approval of the contract that will be budgeted from line item 801.010. Motion by Blades, second by Enlow To approve the Fire Dispatch Service Agreement between Oakland County and Lyon Township. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED K. Consideration of Planning Director Job Description and Pay Scale Trustee O’Neil briefly reviewed the proposed job description. The Board agreed with the duties listed along with following the same pay scale of $55,000-$65,000. There were questions about attending the Township meetings and if that time would fall into the 40 hours. The Board agreed hiring another person to be of help to the residents on a full-time basis was not anything negative against the stellar work of McKenna. Motion by O’Neil, second by Carcone To advertise the job description provided tonight for Lyon Township Planning Director with a pay scale of $55,000 to $65,000.00 per year. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED L(a) Resolution 2018-06 with Lyon Wastewater LLC and Lyon Township Motion by O’Neil, second by Blades Charter Township of Lyon Board of Trustees February 5, 2018 Page 13 To adopt Resolution 2018-06 Whereas, Lyon Wastewater, LLC and Lyon Township entered into a Second Amended Sewage Disposal Facility Agreement in September 2006; Whereas, under the Agreement, the Township is to pay Lyon Wastewater a certain amount for each new Residential Equivalent Unit (REU) that is sold to be connected to the Township’s sewer system and then treated at the Township’s sewage disposal facility; Whereas, Paragraph 6 of the Agreement provides for possible increases to the amount to be paid to Lyon Wastewater per REU if certain circumstances are met; Whereas, pursuant to Lyon Wastewater’s interpretation of Paragraph 6 of the Agreement, Lyon Wastewater has requested an increase of 2.79% to the amount it is to be paid by the Township; Whereas the 2.79% increase would bring the total amount Lyon Wastewater claims to be due per REU to $10,380.65; Whereas, the Township believes that Lyon Wastewater’s interpretation of Paragraph 6 of the Agreement is incorrect; Whereas, as a result of Lyon Wastewater’s misinterpretation of the Agreement, the Township has been overcharged by Lyon Wastewater for past REU payments and the Township has determined that the correct amount currently due to Lyon Wastewater per REU is $4,723.50; Whereas the Township has the right under the Agreement to offset its inadvertent overpayments to Lyon Wastewater against future payments due to Lyon Wastewater; Whereas the Township wishes to meet with Lyon Wastewater to resolve the issues of the Township’s overpayment and the correct amount due to Lyon Wastewater going forward; and Whereas, the Township desires to maintain the status quo in the event it is ultimately determined that Lyon Wastewater has not overcharged the Township; Therefore, it is hereby resolved as follows: 1. For 2018, the Township will collect $10,380.65 for Lyon Wastewater’s share per REU sold; 2. For each REU sold in 2018, $5657.14 will be deposited into an escrow account. This amount equals the difference between $10,380.65 i.e., the amount Lyon wastewater claims it is due and $4,723.50 i.e., the amount the Township believes is the proper REU charge under the Agreement. If it is Charter Township of Lyon Board of Trustees February 5, 2018 Page 14 determined that the Township’s calculations is correct, the escrowed amounts will be returned to the REU purchasers who paid $10,380.65. 3. The amount the Township believes Lyon Wastewater is due per REU sold in 2018 i.e., $4,723.50 shall be deposited into a separate escrow account and the Township shall keep an accounting of the amount escrowed against the Township’s past overpayment to Lyon Wastewater, the total amount of which the Township’s accountants are currently calculated. It is further the Lyon Township Board of Trustees desire that the Township supervisor, along with the Township’s legal advisors, attempt to meet with Lyon Wastewater to reach a resolution as to the amount of the Township’s prior overpayments and the correct amount due to Lyon Wastewater per REU under the Agreement going forward. Roll Call Vote: Ayes: Cash, Enlow, Blades, O’Neil, Hick, Dolan, Carcone Nays: None MOTION APPROVED L(b) Resolution 2018-07 Adopting Sanitary Sewer Connection Fee for Lyon Township’s portion Motion by O’Neil, second by Cash To approve Resolution 2018-07 which is the adoption of the amendment to Lyon Township’s portion of the sanitary sewer connection fee which will be $3,665.35. Roll Call Vote: Ayes: Carcone, Dolan, Cash, Hicks, O’Neil, Enlow, Blades Nays: None MOTION APPROVED Motion by Cash, second by Carcone To adopt the Utility fee schedule for the Charter Township of Lyon, Oakland County, Michigan, document presented February 5, 2018. Roll Call Vote: Ayes: Carcone, Cash, Blades, Dolan, O’Neil, Enlow, Hicks Nays: None MOTION APPROVED Charter Township of Lyon Board of Trustees February 5, 2018 Page 15 ADJOURNMENT Motion by Carcone, second by Blades To adjourn the regular Board of Trustees meeting at 11:10 p.m. Voice Vote: Ayes: Unanimous Nays: None MOTION APPROVED The regular Board of Trustees meeting adjourned at 11:10 p.m. due to no further regular business. Respectfully Submitted, Kellie Angelosanto Michele Cash Kellie Angelosanto Michele Cash Recording Secretary Lyon Township Clerk