APPROVED
Minutes of a Regular Meeting
Pittsfield Charter Township Board of Trustees, December 17, 2002
E.A. Jackson Morris Hall, The Robert A. Lillie Service Center
6201 W. Michigan Avenue, Ann Arbor, Michigan 48108
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1.0 Call Meeting to Order
Supervisor Walter called the
meeting to order at 7:30 p.m., a quorum was present.
2.0 Pledge of Allegiance led bySupervisor Walter.
3.0 Roll Call – all members present.
4.0 Open Meetings Act/Public Comment I
Supervisor Walter moved item 13.1 up in the agenda to follow approval of the minutes.
James Blackburn, resident of 6525 Sauk Trail and member of the Warner Creek Homeowner’s Association, said he had attended the public meeting on Nov. 19 regarding the development of Michigan Avenue. He said that MDOT and the Smith Group had been present and both had been very helpful. He said that of the two routes proposed, the northern “N1” route was preferred by the residents of Warner Creek. He pointed out that this route would improve road access and public safety for pedestrians while reducing both noise and air pollution. He noted, however, that at the public meeting it had been said that if any of the land along the N1 route is designated as registered parkland it will no longer be a viable alternative. He inquired what the current status of the land along the proposed route was, and requested that the township refrain from registering it as parkland, if it has not already been done, until after a final decision is made on the best route. He thanked the Board.
Wilson Tuttle, of 5963 E. Silo Ridge, said he only attends one meeting per year, and is unable to hear anything that is being said. He asked if anything could be done about the sound system. He said that nothing had been done in the past year and now the Board members were halfway through their tenures, so he wanted to see something done with Morris Hall before they were finished.
Clerk Lirones asked if he would like to try the hearing helper.
Supervisor Walter explained that the hearing helper was an individual unit that plugged directly into the microphone. He added that the acoustics in the administration building have always been a problem and that a better system is pending, but asked that in the meantime people please speak directly into the microphone.
5.0 Public Hearings/Presentations
5.1 Presentation by Langworthy, Strader, LeBlanc and Associates, and the Parks and Recreation Commission, regarding the amendment to the 2000 Parks and Recreation ‘Five-Year’ Master Plan.
Mary Ellen Wall, Chair of the Parks Commission, said that the purpose of the amended master plan is to comply with the additional land acquisition of the Central Area Rural Preserve.
Caryn Wenzara, of Langworthy, Strader, LeBlanc, and Associates, explained some of the revisions due to the new land acquisition and expansion and improvements made to Lillie Park. She said that any reference to the number of parkland acres that the township owns had been revised from 220 to 777 acres, and that the needs assessment had also been altered to reflect the revision. She pointed out that the major changes were in the action plan for the document, which sets forth the number and type of tasks and potential budget needed for each year. She said that the goal for the next five years is to evaluate the land and its potential uses, develop concept plans for its improvement, and obtain grant funding. She said that this will demonstrate to the Department of Natural Resources (DNR), and anybody who will be using the document, that development, improvements, and preservation, are all priorities. She said that documents demonstrating the public’s involvement with property acquisition, inventory, and research had also been added. She said that the Parks Commission has endorsed the document, and it is hoped that the Board will consider adoption of the document
5.2 Presentation of Draft Wetlands and Inventory Map by Don Tilton; set period for public review and comment on the wetlands map required by State Statute prior to adoption of local wetlands ordinance (first reading January 14, 2003).
Deputy Clerk Jan BenDor said that the framework for this project had been set forth in the Michigan Natural Resource and Environmental Protection Act of 1994. She said that the wetlands protection section says that in order for a township to adopt a local wetlands protection ordinance, a draft inventory map must first be made available to the public, and public notice and comment must be provided for prior to finalization of the map. She said that tonight will be the presentation of the draft map, the Board will set the period of public comment, and at the next meeting it can be finalized.
Don Tilton, of Tilton and Associates, introduced Chip Thomas and Jane Tesner. He said that the National Wetland Inventory map for the township, the soil survey prepared by the NRCS for Washtenaw County, and the Michigan Land-Use map, had been overlaid using GIS to generate a first draft for the map. He said that was then overlaid with recent aerial photography, and boundaries had been checked and changed to reflect on-the-ground conditions. He said that Chip Thomas and a colleague had then driven around the township looking at wetland boundaries and classifying them. The final step had been to obtain site plans that included a certified wetland delineation and include those boundaries on the map.
Chip Thomas showed aerial photographs for different portions of the township to the Board members.
Mr. Tilton said that this effort would satisfy the requirements of the statute.
Clerk Lirones asked if the time frame for the public review period had to be set tonight with a motion, or if it would simply be understood that this is the public review period until the map is finalized.
Deputy Clerk BenDor said that a notice will need to be published regarding the availability of the map.
Trustee Conner said that the public review time should have a definite beginning and end.
Deputy Clerk BenDor said that it had not yet specified, but could be set tonight.
Trustee Conner asked if the map was complete enough to be used as an attachment to the ordinance delineating the wetland areas.
Mr. Tilton said yes.
Trustee Conner asked if there was any more groundwork that needed to be done in terms of delineating wetland areas.
Mr. Tilton said that the last step needed in order to fulfill the contract is to prepare a written report to demonstrate the techniques used and identify opportunities for restoration.
Trustee Conner asked if the written report should be made available for public comment.
Mr. Tilton said no, that the statute only requires that a map be prepared and made available for public comment. He said that the report would only explain how the map was prepared in order to identify which wetlands had been delineated from site plans, which ones had been interpreted from aerial photography, and so on.
Trustee Brostrom asked if he could define the use of the term “emergent” on the map legend.
Mr. Tilton said that it referred to the form of vegetation present. For example, a “forested emergent” wetland meant that the trees are not so dense as to cover up the cattails, so there is a combination of cover types. He added that potential wetlands were ones that needed to be defined and detailed with a field survey.
Supervisor Walter said that adoption of this map was a necessary step in order to adopt the wetlands ordinance. He said it may be better to set a public comment period as soon as possible to ensure that the other processes are not held up.
Mr. Tilton said that the idea is to let the processes run parallel and to have the map available at the Clerk’s counter or in the township hall so that residents can view it and provide feedback on its accuracy.
Supervisor Walter asked what a reasonable period of time would be to make sure that it can be publicized and to receive public comment.
Mr. Tilton said that 20-30 days is all that is necessary to publish a notice about the map. He reminded the Board members that notification has to be made that a map is available, as well when it has been finalized. He added that even after it has been finalized, the comments will continue to be received, and that the final product will be an electronic version.
Clerk Lirones asked how long comments should be received before a final map is produced.
Mr. Tilton said that January 14 would be a good opportunity to end the comment period, coinciding with 1st reading of the ordinance.
Clerk Lirones asked if allowing public comment to run until Jan. 14 would allow Tilton and Associates enough time to finalize the map by the second reading, which is adoption of the ordinance.
Mr. Tilton said yes.
Supervisor Walter suggested that a motion to authorize the publication of the notice and to set a public comment period should be added to new business as item 15.3.
Trustee Conner asked if the wetlands map would be posted on the website.
Mr. Tilton said it was a very large file.
Supervisor Walter suggested having it available on CD if it was too big.
Deputy Clerk BenDor asked Mr. Tilton if he was prepared to make any comment on the conditions of wetlands in the township.
Mr. Tilton said that there is great diversity of wetland types, and that many are still large and intact. He said that they are recovering hydrologically from the era of agriculture, and are very well-established along the watercourses. He said that there are some areas where invasive species need to be addressed, but that this is a wonderful township resource, and definitely worth taking steps to preserve. He added that the DEQ had commended the township’s efforts in producing their own map.
Supervisor Walter said that was good news. He said that the he was glad to have the opportunity to save this important resource.
Trustee Conner thanked Tilton and Associates and Deputy Clerk BenDor for producing the map in a timely fashion and commented that the wetland committee had been working on this for over two years.
Trustee Brostrom said that he had a great deal of confidence in the accuracy of the map because the boundaries in his neighborhood are marked exactly right.
5.3 Public Hearing to Receive Comments for Street Lighting Special Assessment District, Arborwoods Site Condominium Phase II, Lots 72-125.
Supervisor Walter opened the public hearing.
There were no comments.
Motion by Treasurer Skrobola, supported by Trustee Brostrom, to close the public hearing.
MOTION CARRIED.
5.4 Public Hearing to Receive Comments for Street Lighting Special Assessment District, St. James Woods Subdivision, Phase I, Lots 1-11.
Supervisor Walter opened the public hearing.
There were no comments.
Motion by Clerk Lirones, supported by Treasurer Skrobola, to close the public hearing.
MOTION CARRIED.
5.5 Public Hearing to Receive Comments for Street Lighting Special Assessment District, Hunters Pond, Lots 1-10.
Supervisor Walter opened the public hearing.
There were no comments.
Motion by Treasurer Skrobola, supported by Trustee Burhop, to close the public hearing.
MOTION CARRIED.
6.0 Approval of Minutes
6.1 Request to Approve the Minutes of the Regular Board Meeting held on November 26, 2002.
Trustee Brostrom said that on page 5, 5th paragraph from the bottom, it read “Trustee Conner asked if this was already in Pittsfield.” He said that there seemed to be a missing word.
Clerk Lirones said the word “business” would fit the context.
Trustee Brostrom added that on page 8, 2nd paragraph from the top, the phrase “if there were any” had been repeated, and in the next paragraph it should read “makeup of the group”. On page 15, 5th sentence from the bottom in the last paragraph, it should read “…and so it will.”
Motion by Treasurer Skrobola, supported by Trustee Brostrom, to approve the minutes of the regular board meeting held on November 26, 2002, as corrected.
MOTION CARRIED.
7.0 Consent Agenda
8.0 Items from the Treasurer
9.0 Items from the Clerk
9.1 Request Approval for Payment of the Payables, checks #40784-40901, in the amount of $535,377.04.
Motion by Trustee Conner, supported by Clerk Lirones, to approve payment of the payables, checks #40784-40901, in the amount of $535,377.04.
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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9.2 Request Approval for Payment of the Payables, checks #40902-41023, in the amount of $635,662.11.
Motion by Trustee Conner, supported by Trustee Brostrom, to approve for payment of the payables, checks #40902-41023, in the amount of $635,662.11.
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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9.3 Request Approval of Resolution Authorizing the Hire of Ms. Yolanda Holmes to the position of Department Assistant I – Clerk’s Office, effective January 6, 2003, at a starting wage of $10.19 per hour, as stipulated by the AFSCME Union Contract.
Motion by Trustee Conner, supported by Trustee Brostrom, to approve a resolution authorizing the hire of Ms. Yolanda Holmes to the position of Department Assistant I – Clerk’s Office, effective January 6, 2003, at a starting wage of $10.19 per hour, as stipulated by the AFSCME Union Contract.
WHEREAS, the Pittsfield Charter Township Board of Trustees would like to authorize the hiring of Ms. Yolanda Holmes for the position of Department Assistant I – Clerk’s Office, and
WHEREAS, Ms. Yolanda Holmes meets the qualifications set forth in the Department Assistant I job description and has successfully completed the pre-employment hiring process,
NOW, THEREFORE, BE IT RESOLVED, that the Pittsfield Charter Township Board of Trustees authorize the hire of Ms. Yolanda Holmes, to serve in the position of Department Assistant I – Clerk’s Office, effective Monday, January 6, 2003 at a starting wage of $10.19 per hr., as stipulated by the AFSCME Union contract.
Clerk Lirones noted that on the October 8, 2002 meeting the Board had approved the hire of Ms. Julie Bartush, who had decided that the job was not appropriate for her, and thus had never started. She said that she was confident that the hiring of Ms. Holmes would work out well.
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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9.4 Receive the Control Account Report for the month of November.
Motion by Trustee Conner, supported by Trustee Burhop, to receive the control account report for the month of November.
Trustee Burhop commented that on page 1 the word “millage” was misspelled.
MOTION CARRIED.
9.5 Adoption of Resolution #02-42, Establishing Street Lighting Special Assessment District for Arborwoods Site Condominiums Phase II, Lots 72-125.
Motion by Treasurer Skrobola, supported by Trustee Burhop, to adopt resolution #02-42, establishing a Street Lighting Special Assessment District for Arborwoods Site Condominiums Phase II, Lots 72-125. (See Attachment #1)
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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9.6 Adoption of Resolution #02-43, Establishing Street Lighting Special Assessment District for St. James Woods Subdivision Phase I, Lots 1-11.
Motion by Clerk Lirones, supported by Trustee Burhop, to adopt resolution #02-43, establishing a Street Lighting Special Assessment District for St. James Woods Subdivision Phase I, Lots 1-11. (See Attachment #2)
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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9.7 Adoption of Resolution #02-44, Establishing Street Lighting Special Assessment District for Hunter’s Pond Subdivision, Lots 1-10.
Motion by Trustee Burhop, supported by Trustee Brostrom, to adopt resolution #02-44, establishing a Street Lighting Special Assessment District for Hunter’s Pond Subdivision, Lots 1-10. (See Attachment #3)
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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9.8 Authorize the Supervisor and Clerk to sign Farming Contracts for the Central Area Rural Preserve with McCalla & Weisenrader, and for P.G. Palmer Park with McCalla for the year 2003.
Motion by Trustee Conner, supported by Trustee Burhop, to authorize the Supervisor and Clerk to sign standard cash rent farming contracts for the following:
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• Broadview Farms for 262 acres at $50.00 per acre in the Central Area Rural Preserve |
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• Broadview Farms for 22 acres at $50.00 per acre in P.G. Palmer Park |
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• Richard and Ron Weisenrader for 60 acres at $50.00 per acre in the Central Area Rural Preserve. |
ROLL CALL VOTE:
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
MOTION CARRIED.
9.9 Approve payment of 2003 Dues for the River Raisin Watershed Council, in the amount of $3,312.36, from account #100-957 (Legislative Board Membership Dues).
Motion by Trustee Conner, supported by Trustee Burhop, to approve payment of the 2003 dues for the River Raisin Watershed Council, in the amount of $3,312.36, from account #100-957 (Legislative Board Membership Dues).
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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10.0 Items from the Supervisor/Assessor
10.1 Motion to Authorize the Clerk and Supervisor to Sign Washtenaw County Domestic Violence Grant Funding Service Contact.
Treasurer Skrobola said he had not had a full opportunity to review this item and had some concerns regarding the insurance requirements. He recommended that this item be postponed until the next meeting.
Clerk Lirones said that seemed reasonable.
Motion by Treasurer Skrobola, supported by Trustee Burhop, to refer item 10.1 to the January 14, 2003 Board of Trustees meeting.
MOTION CARRIED.
10.2 Request Approval of the Recommendations for Merit Pay by the Review Committee.
Supervisor Walter said that two employees had been recommended by the Review Committee for merit pay: Lori Mathis from Public Safety and Dan Cooperrider from Parks and Recreation.
Motion by Treasurer Skrobola, supported by Trustee Brostrom, to approve the recommendations for merit pay by the Review Committee.
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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11.0 Items from the Office of Public Safety
11.1 Request to Approve Enrollment in American Government (50%) and Social Problems (50%) for Training Officer/Assistant Fire Marshal Nicholai, with classes beginning January 6, 2003 and ending April 25, 2003, at a cost of $404.70.
Motion by Clerk Lirones, supported by Trustee Brostrom, to approve enrollment in American Government (50%) and Social Problems (50%) for Training Officer/Assistant Fire Marshal Nicholai, with classes beginning January 6, 2003 and ending April 25, 2003.
MOTION CARRIED.
11.2 Request to Approve Enrollment in PLSC 610 – Public Organization Theory (100%) for Lieutenant Hagen, with class beginning January 7, 2003 and ending April 15, 2003, at a cost of $738.00.
Motion by Clerk Lirones, supported by Trustee Burhop, to approve enrollment in PLSC 610 – Public Organization Theory (100%) for Lieutenant Hagen, with class beginning January 7, 2003 and ending April 15, 2003, at a cost of $738.00.
MOTION CARRIED.
11.3 Request to Approve Enrollment in Learner in Classroom – EDU (50%), Medieval & Renaissance History (100%), Ideals of Justice (100%) and Advanced American Sign Language (100%) for Dispatcher Brassow, with classes beginning January 6, 2003 and ending April 26, 2003, at a cost of $3,712.50.
Motion by Trustee Conner, supported by Trustee Brostrom, to approve enrollment in Learner in Classroom – EDU (50%), Medieval & Renaissance History (100%), Ideals of Justice (100%), and Advanced American Sign Language (100%) for Dispatcher Brassow, with classes beginning January 6, 2003 and ending April 26, 2003, at a cost of $3,712.50.
MOTION CARRIED.
11.4 Request to Approve the Starting Rate on Initial Employment for Officer David Thomas to be $35,985.00 – Step 2, as set forth in the POAM Contract.
Supervisor Walter said that Officer Thomas had 14 years of experience in Highland Park before coming to Pittsfield, and has been doing an excellent job here.
Motion by Trustee Conner, supported by Trustee Burhop, to approve the starting rate on initial employment for Officer David Thomas to be $35,985.00 – Step 2, as set forth in the POAM Contract.
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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11.5 Receive Police Department Weighmaster/Motorcarrier Monthly Report for November 2002.
Motion by Trustee Brostrom, supported by Clerk Lirones, to receive the Police Department Weighmaster/Motorcarrier monthly report for November 2002.
MOTION CARRIED.
12.0 Items from the Office of Municipal Services/Planning and Zoning
12.1 Request to Approve Zoning Ordinance Amendment ZOA 02-170 [1st Reading].
Motion by Treasurer Skrobola, supported by Trustee Brostrom, to approve Zoning Ordinance Amendment ZOA #02-170 (Open Space Preservation Development Option) for first reading.
Mark Spencer, Senior Planner, said that this was an ordinance to comply with the township zoning act which had been amended in 2001. He said that this amendment provides the ability to have an open space preservation development option in two of the township’s zoning districts, which will preserve undeveloped open space. He described some of the benefits that this would provide and gave an example of how this type of development could be done. He mentioned that this was not likely to be a popular choice due to the price of land in Pittsfield Township, but that this ordinance met the requirements of the State Act. He added that this ordinance tightened requirements for open space to ensure that it is set aside permanently.
Supervisor Walter said that there have been situations in which a Planned Unit Development (PUD) had been approved and built, where density had been transferred to create open space, and then later, people tried to develop land designated as open space. Another problem is when subdivisions neglect to set up homeowners’ associations, thus leaving taxes for the common areas unpaid.
Mr. Spencer said that this amendment provides that the township Board is the ultimate authority on approving the mechanism for preservation of open space.
Supervisor Walter recalled an attempt to put a charter school on part of the Stonebridge property that was supposed to be open space. He said that this was something that the township needed to be vigilant on.
Trustee Conner said that in terms of cluster development, 50% was a huge amount to set aside for open space.
Mr. Spencer said that the 50% requirement was part of the State Act. He said that developers could do less than that and the township could work with them on a planned unit development instead.
Trustee Conner asked what type of buildings could be used for the clustering.
Mr. Spencer said that would be single-family homes only. He said that most of the areas that this would apply to are either in the plan for single-family large lot residential or for some type of agricultural or rural preservation, not multi-family.
Trustee Marine said he had been under the impression that a PUD was sufficient to fulfill that legislation. He asked why that was no longer the case.
Mr. Spencer said that this had been reviewed by Carl Schmult, Township Planning Consultant, as well as some other communities. He said that part of the State statute talks about the 50% open space being essential for this equation, which was not present in the current township PUD regulations. He said that originally staff felt this amendment was unnecessary, since it was so unlikely a developer would choose this option in Pittsfield. However, after further thought and discussions, staff felt this amendment was necessary under the new state law.
Trustee Marine asked when the open space ordinance would apply, and when the PUD ordinance would apply.
Mr. Spencer said it would apply when the applicant applies for development under this section of the zoning ordinance.
Trustee Marine read a statement from page 17 indicating that the proposed OSPDO must not adversely affect present or future uses or the value of adjacent properties. He said he was concerned that somebody might use that sentence to try to stop reasonable affordable housing by saying that it may adversely affect neighboring values.
Mr. Spencer said that the Planning Commission or the Township Board would have to come to that conclusion in their findings of fact in order to determine that.
Trustee Marine said that this was very general statement that could be used in unintended ways.
Mr. Spencer said that statement had been included in order to give the township Board and Planning Commission some flexibility in permitting zoning, and to look at the big picture for the whole area of the development. He said that there were adverse things that could affect neighboring properties, and this would give some flexibility without outlining every specific scenario.
Trustee Marine said his concern was that in giving guidance to the Board and Planning Commission, this sentence may also give guidance to the courts. He said that someone may not want something of lesser value than their own property to go in next-door, and the argument could be made that the value of their property will be depreciated.
Mr. Spencer noted that it is unlikely to find affordable housing on one-acre lots. However, when these types of developments occur, it is only rarely that they bring down the value of neighboring properties, though appreciation might slow. He said it is very difficult to prove in court that any value has been lost.
Clerk Lirones supported that statement.
Trustee Conner said that any affordable housing would still have to meet the standard zoning requirements.
Trustee Marine asked if there was reason to include anything about the value of adjacent properties, as opposed to other specifics.
Mr. Spencer said that the township attorneys had wanted this statement included.
Supervisor Walter asked if it was required by the State Act.
Mr. Spencer said no.
Supervisor Walter said he wanted to know if it was something that would protect the township, and said it would be a good idea to have the attorneys look into it.
Mr. Spencer said that this type of statement is used in other places in the zoning ordinance as well.
Clerk Lirones agreed that this is a commonly used statement and said that she would be hesitant to change the way ordinances have always been worded. She said that this did not mean perceived devaluation, but rather actual negative impacts. She said that it was important to include this statement.
Trustee Marine said that the first part of the statement would cover everything that Clerk Lirones had just said.
Clerk Lirones said that it did not, and that value was an important factor. She said that she thought it would be smart to have the attorney look it over and possibly explain why that wording was used.
Trustee Marine added that the attorney may also be able to determine if there is an alternative to the wording. He said that simply because the terminology was frequently used in previous ordinances did not mean that it was something that should be continued.
Mr. Spencer said that one of things that Mr. Schmult has tried to do over the years in developing the township’s ordinances was to provide flexibility for the Planning Commission and the Board. He said that if ordinances are worded too tightly, they may be easier to defeat in court.
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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12.2 Receive Building Department Permit Summary for the month of November 2002.
Motion by Trustee Conner, supported by Trustee Burhop, to receive the Building Department permit summary for November 2002.
MOTION CARRIED.
12.3 Request Approval of the Great Lakes Waste/B.F.I. Rubbish Report and to Pay the Bill in the amount of $49,676.25 for the month of November 2002.
Motion by Trustee Brostrom, supported by Trustee Burhop, to approve the Great Lakes Waste/B.F.I. Rubbish report and pay the bill in the amount of $49,676.25 for the month of November 2002.
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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12.4 Request Approval to Enter into Subdivision Development Agreement with Thrift Co. LLC – Bestech Center 2 SP 98-4, and to Authorize the Township Supervisor and Clerk to Sign Such Agreement on behalf of the Township Board.
Motion by Trustee Conner, supported by Trustee Burhop, to approve entering into a subdivision agreement with Thrift Co. LLC- Bestech Center 2 SP 98-4, and to authorize the Supervisor and Clerk to sign such agreement on behalf of the Township Board.
Trustee Burhop commented that updating the township processes and ordinances to require these types of agreements is terrific.
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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12.5 Request Approval to enter into Subdivision Development Agreement with Archcon Management - St. James Woods Phase II CSPA 96-22, and to Authorize the Township Supervisor and Clerk to Sign Such Agreement on behalf of the Township Board.
Motion by Trustee Conner, supported by Clerk Lirones, to approve entering into a Subdivision Development Agreement with Archcon Management - St. James Woods Phase II CSPA 96-22, and to authorize the Township Supervisor and Clerk to sign such agreement on behalf of the Township Board.
Trustee Conner asked if this was for Phase I
Mr. Spencer, Senior Planner, said that it was Phase II.
Trustee Conner asked if there was another phase to this subdivision.
Mr. Spencer said that there were only two.
Trustee Marine said that there had been no exact amount determined for the financial guarantees in this agreement. He asked if they had been missed or if they simply had not been determined.
Mr. Spencer said that $2,000 should have been filled in on page 3, but that the exact amount had not yet been determined for the others. He added that on a site condominium that amount will not be due until the building permits are sought, and that the ordinance stipulates a minimum of $50,000.00. He said if that amount does not cover all of the outstanding work that needs to be done, the builder will have to pay to balance his deposit, which is why that amount is not filled in at this time. He added that it will be filled in before the agreement is signed.
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ROLL CALL VOTE: |
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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12.6 Request Approval of Final Plat for Bestech Center 2 SP 98-4.
Motion by Trustee Conner, supported by Trustee Brostrom, to adopt the resolution to approve Bestech Center 2 Subdivision (SP-98-4) Final Plat. (See attachment #4)
Mark Spencer, Senior Planner, asked that an item be added to the resolution asking that the developer pay their share for the streetlights before the final plat is signed.
Trustee Burhop suggested that when there is a monetary amount noted it be written in words as well, so that there could be no question about the amount.
Clerk Lirones asked if item D needed to be changed.
Mr. Spencer said that the developer had agreed to pay the township for the installation costs, but that Edison had not yet given the estimate. He said that this could be covered in the development agreement, but that a fourth item could be added under the conditions requiring payment. He said in this particular case, he did not have an objection to not collecting it ahead of time.
Clerk Lirones asked if it would be an undue burden to add this condition.
Mr. Spencer said that it would depend on how long it takes Edison to give the estimate.
Clerk Lirones suggested that the addition of that item was not necessary.
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ROLL CALL VOTE: |
|
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
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MOTION CARRIED. |
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13.0 Items from the Parks & Recreation Department
13.1 Request Approval of Resolution to Adopt Amended ‘Five-Year’ Parks and Recreation Master Plan.
Motion by Clerk Lirones, supported by Treasurer Skrobola, to adopt the resolution to adopt the amended “Five-Year” Parks and Recreation Master Plan.
WHEREAS, the Pittsfield Township Parks and Recreation Commission, Township Board , and township staff have prepared an Amended ‘Five-Year’ Parks and Recreation Master Plan to include the recent acquisition of the Central Area Rural Preserve and the expansion and improvements to Lillie Park; and
WHEREAS, the Amended ‘Five-Year’ Parks and Recreation Master Plan conforms to the adopted 2002 Comprehensive Plan of Pittsfield Charter Township; and
WHEREAS, the said plan meets the requirements of the Michigan Department of Natural Resources, thereby making Pittsfield Township eligible for state and federal grants administered by the Michigan Department of Natural Resources; and
WHEREAS, the Pittsfield Township Parks and Recreation Commission has unanimously recommended the said plan,
NOW, THEREFORE, BE IT RESOLVED, that the Pittsfield Township Board of Trustees does hereby adopt the Amended ‘Five-Year’ Parks and Recreation Master Plan for Pittsfield Charter Township, dated December 17, 2002.
Clerk Lirones asked how long it would be until another full update is done.
Caryn Wenzara, of Langworthy, Strader, LeBlanc and Associates, said that this plan would last until 2005.
Clerk Lirones brought up the question that Mr. Blackburn had asked regarding how this plan would affect the US-12 project with MDOT.
Supervisor Walter said that none of this land is “registered” as parkland at this point. He said that if the relocation of US-12 takes the northern N1 route the township could lose up to 20 acres out of its parcel on Michigan Ave. He added that nothing has been put in this plan that would prejudice what MDOT is doing. He said he did not see any problems with the current situation. He asked Dan Cooperrider, Parks and Recreation director, at what point a piece of land actually becomes a park.
Director Cooperrider said that in terms of DNR funding, a park becomes a park when an agreement is signed with the DNR using their monies to develop or obtain the property. He said that in this instance, if the township was only using the township funds to develop the property, it would become a park once the Board deems it a park.
Supervisor Walter asked if the adoption of the plan would pre-designate the land as parkland.
Director Cooperrider said no, that it only stated the township’s plan.
Ms. Wenzara said that because it will be listed as a Parks and Recreation resource in the master plan, MDOT will view the property as a park. She added, however, that additional language had been included addressing the Central Area Rural Preserve in order to leave more flexibility and give the township more room to work with MDOT.
Supervisor Walter said that communication needed to be made with MDOT on this issue. He said this has been a very controversial issue within the community. He said a big concern is that residents have been waiting about 15 years for MDOT to decide what to do with Michigan Ave.; meanwhile, there is a community to serve. He repeated that he did not want to prejudice MDOT’s process, but added that the township may have to look after its own needs as well.
Ms. Wenzara said that there are open lines of communication between the township and MDOT and open public involvement, so if the situation continues in its current direction, the township will be protected.
Trustee Conner said that if MDOT is taking its time on a decision it is also prejudicing the township’s future. He asked if the property could still be protected against MDOT if the development rights were transferred to some other agency.
Supervisor Walter said not necessarily. He said that he did not see the township putting its plans on hold to wait for MDOT to come to a decision. He said he hoped that MDOT would come to a decision soon of the preferred route, but that the township cannot put on hold its Parks and Recreation plan, nor its ability to develop those parts of the land that are ready to be developed, nor its efforts to obtain grants for funding. He said that a few years ago the Township Board had submitted a grant application for development of the Hillsdale South property. He added that the Parks Commission had quite a bit of work to do between now and the deadline for grants, and he didn’t want them to be held up. He recommended going on with the plan as it is, and working in good faith with MDOT.
Trustee Marine asked if this would prevent MDOT from taking the northern route.
Supervisor Walter said that MDOT is under certain constraints regarding historical sites and parkland. If a route transects historic sites or parkland, MDOT must justify that there is no other reasonable alternative. He said language had been included that would allow the township to accommodate MDOT’s chosen alignment.
Trustee Marine asked why, if the township is making a plan for the benefit of the community, would the Board not want to prevent MDOT from deciding on the northern route. He said that MDOT may choose an option that is less compatible with what this community desires.
Supervisor Walter said that the community is not united on this issue. He said that there are many people that think the northern route is too expensive, and others who may lose their homes or have to deal with added noise in pollution if the current alignment is widened. He said that the Board has not taken a position on this yet because there is no community consensus.
Trustee Marine asked why the draft listed three phases for the planning process, but there appeared to be four phases.
Ms. Wenzare said that on page 2 it explains that the fourth phase is the master plan amendment.
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ROLL CALL VOTE: |
|
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AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
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ABSENT: |
None. |
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ABSTAIN: |
None. |
|
MOTION CARRIED. |
|
Supervisor Walter thanked the Parks Commissioners and said that he looked forward to working with them to provide the community with a great resource. He said that it was good to have the wetlands people here tonight as well because it helps to have conversations between all of the people involved with the elements of this land in order to identify the treasures at hand and know what to do with them.
14.0 Unfinished Business
15.0 New Business
15.1 Invitation to Board of Trustees to attend Award Ceremony for Ritchie L. Coleman.
Supervisor Walter said that this item was for the Board’s information only and that the award would be presented on December 18th in Detroit.
15.2 Resolution #02-45 in Support of a Grant Application to the US EPA Region 5 Wetlands Program Development Grants to develop a Township Wetlands Stewardship Program.
Motion by Clerk Lirones, supported by Trustee Brostrom to approve Resolution #02-45 in support of a grant application to the US EPA Region 5 Wetlands Program Development Grants to develop a Township Wetlands Stewardship Program. (See Attachment #5)
Trustee Marine asked how much money would come from the fund and how much from “in-kind” services.
Jan BenDor, Deputy Clerk, said she was still working that out, but that money had originally been budgeted to implement the wetlands ordinance, which has the stewardship program in it, and so that part would be cash-match. She said that the part that would be her time, and the time of other township staff, would be the soft-match part. She said she was hoping it would be about $10,000 from the Phase II budget.
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ROLL CALL VOTE: |
|
|
AYES: |
Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter. |
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NAYS: |
None. |
|
ABSENT: |
None. |
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ABSTAIN: |
None. |
|
MOTION CARRIED. |
|
Trustee Marine asked if this included volunteering from non-employees as well.
Deputy Clerk BenDor said yes.
15.3 Request to Make the Township Wetlands Map Available for Public Review and to set the Period of Public Review from the Date of Publication of the Notice Through January 14, 2003.
Motion by Clerk Lirones, supported by Trustee Conner, to make the Township Wetlands Map available for public review and to set the period of public review from the date of publication of the notice through January 14, 2003.
MOTION CARRIED.
16.0 Public Comment II-none.
17.0 Adjournment by Supervisor Walter at 9:15 p.m.
_____________________________
Arianne Garza, Department Assistant
Recording Clerk
Pittsfield Charter Township
_____________________________
Christina L. Lirones, ClerkPittsfield Charter Township
_____________________________
James R. Walter, Supervisor
Pittsfield Charter Township
MINUTES APPROVED, AS CORRECTED, AT THE PITTSFIELD CHARTER TOWNSHIP BOARD OF TRUSTEES MEETING HELD ON JANUARY 14, 2003.
