APPROVED
Minutes of a Regular Meeting
Pittsfield Charter Township Board of Trustees, May 14, 2002
E.A. Jackson Morris Hall, the Robert A. Lillie Service Center
6201 W. Michigan Avenue, Ann Arbor, Michigan 48108
Members Present: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
Members Absent: None.
Others Present: Arianne Garza (Recording Clerk), Debra Talcott, Joan Rose, George McCalla, Judith Walter, Wilma Luna, Bruce Benz, Mark Spencer.
______________________________________________________________________
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 by Supervisor Walter.
3.0 Roll Call – all members present.
4.0 Open Meetings Act/Public Comment I
5.0 Public Hearings/Presentations
5.1 Public Hearing to Receive Comments for Street Lighting Special Assessment District, Bridgefield Estates Site Condominium Phase II.
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.
5.2 Public hearing to consider change in control over Comcast Cablevision of the South, Inc.
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.
6.0 Approval of Minutes
6.1 Motion to Approve Minutes of the Work Session held on April 22, 2002.
Motion by Treasurer Skrobola,
supported by Trustee Burhop, to approve minutes of the work session held on April 22, 2002.
MOTION CARRIED.
6.2 Motion to Approve Minutes of the Regular Session held on April 23, 2002.
Trustee Brostrom made a correction to page 4, section 5.2. He said that the references to State Street should be changed to State Road. He said that on page 7 on the 3rd line from the top it should read “affects a very small area”. Also, on page 17 in the 3rd paragraph, the word “should” was corrected.
Clerk Lirones noted his corrections and added that on page 7, the word “had” should be added to Trustee Marine’s comments.
Motion by Trustee Brostrom,
supported by Trustee Burhop, to approve minutes of the regular session held on April 23, 2002, as
corrected.
MOTION CARRIED.
7.0 Consent Agenda-none.
8.0 Items from the Treasurer-none.
9.0 Items from the Clerk
9.1 Request Approval for payment of Payables for May 3, 2002 check numbers 38709 through 38823 for total amount of $487,724.40.
Motion by Trustee Conner, supported
by Trustee Burhop, to approve for payment of payables for May 3, 2002 check
numbers 38709 through 38823 for total amount of $487,724.40.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
9.2 Motion to Approve Recommendations from Election Commission regarding polling locations and election inspectors’ wages.
Motion by Clerk Lirones, supported
by Trustee Conner, to approve recommendations from Election Commission that the
wages should be set at $9.00 per hour for election inspectors and $10.00 per
hour for election inspectors who serve as chairs, to accept the proposed
polling locations, and to provide snacks for the election workers.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
9.3 Motion to Adopt Resolution #2, Establishing Street Lighting Special Assessment District for Bridgefield Estates Site Condominium, Phase II.
Motion by Clerk Lirones, supported
by Treasurer Skrobola, to adopt resolution #2, establishing street lighting
special assessment district for Bridgefield Estates site condominium, Phase II
(see attachment #1).
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
9.4 Motion to Adopt Resolution #02-18 to consent to merger between Comcast Corporation and AT&T Broadband Corp.
Motion by Treasurer Skrobola, supported
by Trustee Burhop, to adopt resolution #02-18 to consent to the merger between
Comcast Corporation and AT&T Broadband Corp. (see attachment #2).
MOTION CARRIED.
9.5 Motion to Approve Broadview Farms proposal to rent farmland on Township properties in central area.
Motion by Trustee Brostrom,
supported by Clerk Lirones, to approve Broadview Farms proposal to rent
farmland on Township properties in central area.
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
9.6 Schedule joint meeting with the Planning Commission on May 30, 2002 at 7:30 p.m. to review draft of Comprehensive Plan (informational).
Clerk Lirones reminded the Board members of the scheduled joint meeting with the Planning Commission regarding the Comprehensive Plan. She said that a copy of the Comprehensive Plan draft was in the packet, and that a request had been made for comments to be submitted tonight, but that if that was a problem they could be submitted later.
Supervisor Walter noted that Thursday, May 16th would be the last open house for the Comprehensive Plan.
9.7 Motion to Receive The Township’s Comprehensive Annual Financial Report for Fiscal Year Ending December 31, 2001 prepared by Post, Smythe, Lutz and Ziel.
Motion by Treasurer Skrobola, supported
by Clerk Lirones, to receive the Township’s comprehensive annual financial
report for the fiscal year ending December 31, 2001 prepared by Post, Smythe,
Lutz, and Ziel.
MOTION CARRIED.
10.0 Items from the Supervisor/Assessor
10.1 Motion to Approve the hourly rate for Legal Services to the Township from Reading, Etter & Lillich, from $100.00 per hour to $110.00 per hour effective June 1, 2002.
Motion by Trustee Brostrom,
supported by Trustee Burhop, to approve the hourly rate for Legal Services to
the township from Reading, Etter, & Lillich, from $100.00 per hour to
$110.00 per hour effective June 1, 2002.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
10.2 Motion to Approve Authorization of the Township Supervisor to Sign Off on letter allowing Finn’s Insurance to be appointed as the “Agent of Record” for each of PittsfieldTownship’s health care policies.
Trustee Conner asked if this would increase the health care premiums and asked if Finn’s Insurance would serve as an advocate for the insurance companies or for the employees.
Supervisor Walter said that the company does not represent the insurance companies, and only serve as a broker as an independent agency. He said there would be no additional cost to the Township.
Motion by Treasurer Skrobola, supported
by Trustee Brostrom, to approve the authorization of the Township Supervisor to
sign off on letter allowing Finn’s Insurance to be appointed as “Agent of
Record” for each of PittsfieldTownship’s health care policies.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
11.0 Items from the Department of Public Safety
11.1 Motion to Approve Purchase of Shelving Units-Technical Rescue Trailer from Madison Electric at a cost of $1,862.00 to be charged to account #336-777-Fire Equipment Supply.
Motion by Clerk Lirones, supported
by Trustee Burhop, to approve purchase of shelving units-technical rescue trailer
from Madison Electric at a cost of $1,862.00 to be charged to account #336-777,
Fire Equipment supply.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
11.2 Motion to Approve Update of Map Books-Fire Department. Allegra Printing to print the books at a cost of $600.00 and All-Tech Business to supply binders and sheet protectors at a cost of $800.00. Total cost will be $1,400.00 to be charged to account #336-727-Fire Account.
Motion by Clerk Lirones,
supported by Trustee Burhop, to approve update of map books - Fire Department, Allegra
printing to print the books at a cost of $600.00 and All-Tech Business to
supply binders and sheet protectors at a cost of $800.00. Total cost will be
$1,400.00 to be charged to account #336-727 –Fire Account.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
11.3 Motion to Approve Purchase of a Replacement Fire Hose - Fire Department from Time Emergency Equipment at a cost of $8,025.00 to be charged to account #336-970 Capital Expenditures.
Motion by Clerk Lirones, supported
by Trustee Brostrom, to approve purchase of a replacement fire hose – Fire
Department from Time Emergency Equipment at a cost of $8,025.00 to be charged
to account #336-970 Capital Expenditures.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
11.4 Motion to Rescind Enrollment in Sociology: Domestic Violence & Sexual Assault at Eastern Michigan University for Lieutenant Raymond C. Hagen.
Motion by Treasurer Skrobola, supported
by Trustee Burhop, to rescind enrollment in Sociology: Domestic Violence &
Sexual Assault at EasternMichiganUniversity for Lieutenant Raymond C. Hagen.
MOTION CARRIED.
11.5 Motion to Approve Enrollment in the class: History of Detroit at EasternMichiganUniversity for Lieutenant Raymond C. Hagen, starting June 17, 2002 and ending June 21, 2002 at a cost of $645.00.
Supervisor Walter said that a handout had been given to the Board regarding the curriculum. He said that this is one of the suggested courses for the program and that Human Resources Manager Kristin Orlowski had spoken with Lieutenant Hagen and it had been determined that it was a valid course. He also noted that the heading for this and the others should read “enrollment request” instead of “tuition request”.
Motion by Clerk Lirones, supported
by Trustee Conner, to approve enrollment in the class: History of Detroit at EasternMichiganUniversity for
Lieutenant Raymond C. Hagen, starting June 17, 2002
and ending June 21, 2002 at a cost of $645.00.
MOTION CARRIED.
11.6 Motion to Receive Fire Department Incident Summary Report for month of March 2002.
Motion by Treasurer Skrobola, supported
by Trustee Burhop, to receive Fire Department Incident Summary Report for the
month of March 2002.
MOTION CARRIED.
11.7 Motion to Receive Police Department Call Activity Statistical Report for the month of April 2002.
Motion by Trustee Brostrom,
supported by Trustee Burhop, to receive Police Department call activity
statistical report for the month of April 2002.
MOTION CARRIED.
11.8 Motion to Authorize Repair of Fire Apparatus Engine 11 and Brush 1 by R&R Fire Truck Repair Service at a total cost of $7,500.00 to be charged to account # 336-863 Vehicle Maintenance and Repairs.
Motion by Clerk Lirones,
supported by Trustee Brostrom, to authorize repair of Fire Apparatus Engine 11
and Brush 1 by R&R Fire Truck Repair Service at a total cost of $7,500.00
to be charged to account #336-863.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
11.9 Motion to Approve Enrollment in the class: History 103 - 20th Century Civilization at Eastern Michigan University for Sergeant John Belknap, starting July 20, 2002 and ending July 26, 2002 at a cost of $181.12 (50%).
Motion by Trustee Conner, supported
by Trustee Brostrom, to approve enrollment in the class: History 103 - 20th
Century Civilization at EasternMichiganUniversity for Sergeant John Belknap, starting July 20, 2002 and
ending July 26, 2002 at a cost of $181.12 (50%).
MOTION CARRIED.
11.10 Motion to Approve Enrollment in the class: History 100 - Comparative Study of Religion at Eastern Michigan University for Sergeant John Belknap, starting May 1, 2002 and ending June 24, 2002 at a cost of $181.12 (50%).
Motion by Clerk Lirones, supported
by Trustee Conner, to approve enrollment in the class: History 100 -
Comparative Study of Religion at EasternMichiganUniversity for Sergeant John Belknap, starting May 1, 2002 and
ending June 24, 2002 at a cost of $181.12 (50%).
MOTION CARRIED.
11.11 Motion to Approve Reimbursement for Lieutenant Raymond C. Hagen for classes in SOC1 503-Family as an Institution, at tuition cost of $645.00, from EasternMichiganUniversity.
Motion by Trustee Conner, supported
by Trustee Brostrom, to approve reimbursement for Lieutenant Raymond C. Hagen
for classes in SOCI 503-Family as an institution, at a tuition cost of $645.00,
from EasternMichiganUniversity.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
11.12 Motion to Approve the Purchase of Replacement Equipment for Engine 1 from the various vendors: Time Emergency Equipment, Ann Arbor Welding Inc., Fire Hooks Unlimited, Grainger Industrial Supply, Lowe’s, West Shore Sales and Service, Apollo Fire Equipment, Front Line Services, Miscellaneous Vendors and Electronic Service Center, to be charged from the following accounts:
336-970 Fire Department Capital Expenditures $10,700.00
336-777 Fire Department Supplies $18,656.00
205-970 Public Safety Fund Capital Expenditures $18,550.00
336-851 Fire Department Radio Maintenance $600.00
Trustee Conner noted the budget for capital expenditures #336-970 on the second page of the request for approval. He said that earlier in the meeting the Board had approved the purchase of Fire Hose in the amount of $8,025.00 on the same account. This request was for $10,700.00, and there was still one more for $1,010.00. He said that the budget’s account balance was listed as $25,757.88 which would certainly cover these two purchases, but he wanted to know the remaining amount balance.
Supervisor Walter said that it would be useful to combine summaries of the same account in order to track spending and remaining funds.
Trustee Brostrom agreed.
Motion by Clerk Lirones, supported by Trustee Brostrom, to approve the purchase of replacement equipment for Engine 1 from the various vendors: Time Emergency Equipment, Ann Arbor Welding Inc., Fire Hooks Unlimited, Grainger Industrial Supply, Lowe’s, West Shore Sales and Service, Apollo Fire Equipment, Front Line Services, Miscellaneous Vendors and ElectronicServiceCenter, to be charged to the following accounts:
336-970 Fire Department Capital Expenditures
$10,700.00
Fire Department Supplies $18,656.00
205-970 Public Safety Fund Capital Expenditures $18,550.00
336-851 Fire Department Radio Maintenance $600.00
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
11.13 Motion to Approve Purchase of a Replacement Fire Hose - Fire Department from Douglass Safety Systems at a cost of $1,010.00 to be charged to account #336-970 Capital Expenditures.
Motion by Trustee Burhop, supported
by Trustee Brostrom, to approve purchase of a replacement fire hose - Fire Department
from Douglass Safety Systems at a cost of $1,010.00 to be charged to account
#336-970 Capital Expenditures.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
12.0 Items from the Department of Municipal Services/Planning and Zoning
12.1 Motion to Approve Resolution for Authorization to Select Cummins & Barnard, Inc. to Review the HVAC System (Heating Ventilation & Air Conditioning) at the AdministrationBuilding at a cost of $6,500.00.
Trustee Conner asked if this would be a study or a corrective action, and why the money was not being put toward fixing the problem.
Clerk Lirones said that it would be a study to determine what was wrong with the heating and cooling system, and that the problem needs to be identified before it can be corrected. She added that there will be plans to fix it once the study is completed.
Motion by Clerk Lirones, supported by Treasurer Skrobola, to approve the resolution for authorization to select Cummins & Barnard, Inc. to review the HVAC system (Heating Ventilation & Air Conditioning) at the administration building at a cost of $6,500.00.
WHEREAS, the Township has a need for an engineering study of the HVAC system at the AdministrationBuilding, and
WHEREAS, the Township has received two bids in the proposed work and have found a fair and reasonable price, and
NOW, THEREFORE, BE IT RESOLVED, that the Township Supervisor be authorized to accept a contract with Cummins & Barnard for the amount of $6,500.00 dollars.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
12.2 Motion to Approve Resolution for Authorization to Select Software Provider, BS&A Software, for the Building and Housing Department at a cost of $7,995.00.
Trustee Conner asked what budget this item would come from.
Supervisor Walter said that the Building Department has its own separate fund which is self-financed by inspection fees.
Motion by Treasurer Skrobola, supported by Trustee Burhop, to approve resolution for authorization to select software provider BS&A Software, for the Building and Housing Department at a cost of $7,995.00.
WHEREAS, the Township has a need for a updated computer program for the Building and Housing Departments, and
WHEREAS, the Township has selected a program that will meet the department’s needs at a reasonable price, and
NOW, THEREFORE, BE IT RESOLVED, that the Building and Housing Departments be authorized to accept a proposal from BS&A Software to provide the Equalizer Permit System and data conversion services for the amount of $7,995.00
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
12.3 Request Approval to waive the following Land Division Fees: $100.00 For REI/Harwood Property (Township) & $700.00 for City of Ann Arbor.
Trustee Marine said that he understood the waiver for REI/Harwood, but he questioned the $700.00 waiver for the city of Ann Arbor.
Senior Planner Mark Spencer explained that the land division in question would allow the City to obtain a 15 – 20 acre wetland area in the flight path of the Ann ArborAirport. He said that the wetland would be protected and would not be built on, and that this would be a public not a private use. He added that it is part of a “good neighbor” policy to waive certain fees.
Supervisor Walter said that it is a good idea to have good neighbor policy because it contributes to a willingness to help with planning and environmental assessments. In this case it contributes to the open space and preservation of land.
Motion by Treasurer Skrobola,
supported by Trustee Burhop, to approve waiver of the following land division
fees: $100.00 for the REI/Harwood Property (Township) & $700.00 for the
City of Ann Arbor.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
12.4 Motion to Receive Building Department Permit Summary Report for month of April 2002.
Motion by Trustee Conner,
supported by Clerk Lirones, to receive Building Department Permit Summary
Report for month of April 2002.
MOTION CARRIED.
12.5 Motion to Approve Great Lakes Waste/B.F.I. Rubbish Report and Pay Bill in the amount of $48,768.72 for April 2002.
Motion by Trustee Conner, supported
by Trustee Brostrom, to approve Great Lakes Waste/B.F.I. Rubbish report and pay
bill in the amount of $48,768.72 for April 2002.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
12.6 Motion to Approve Resolution, Second Reading to approve Zoning Amendment RZ #01-04 HeritageVillage (Heritage Falls) from AG to PUD.
Clerk Lirones said that instead of being a motion to approve the resolution, this will instead be a motion to adopt the resolution.
Mr. Bruce Benz, of 2850 Sunrise Ridge in Ann ArborTownship, said that he owns the property to the north of the area in question and he has doubts as to the safety of the proposed road that will service the new development. He said that his request had been reviewed by the Washtenaw County Road Commission, the Washtenaw Area Transportation Study, and the Washtenaw County Metropolitan Planning Commission, and that they agree with him that this will create a traffic problem. He said that the only reasonable approach to this will be to put in another road across his own property. He said that he is willing to work with Pittsfield Township, but that it appears to him that as long as he has his lawsuit against the township regarding deed restrictions on his property, the township is not willing work with him. He asked that the Board have Brad Strader and others review the site plan, and see if they think that it is a good idea. He said that if PittsfieldTownship wants to accept his offer, that’s fine. If not, then there’s nothing more he can do. He thanked the Board for their time.
Trustee Marine asked Mr. Benz exactly what is his offer is.
Mr. Benz said that he is willing to allow the extension of a 66 ft. road easement across his property to link up with either Oak Valley Drive or Waters road to serve as a collector street with a traffic light.
Trustee Marine said that he also has concerns about this traffic problem, and asked Mr. Benz what his proposed plan meant to his own property and his current lawsuit with the township.
Mr. Benz said that it does not affect his lawsuit at all. He said that his lawsuit is to remove some deed restrictions. He said that regardless of how that works out, he will still own the property and the Planning Commission is still going to have to re-zone it. He said the township will not have a say as to the road access because it will be foreclosed by the HeritageFalls project.
Trustee Conner asked Mr. Benz if he had spoken to the HeritageFalls property owners.
Mr. Benz said that he had spoken with Joe Grammatico, the developer, but that he had declined his offer because it would be more expensive.
Clerk Lirones said that Mr. Benz had made a number of inaccurate statements. She said that this had been considered extensively at the Planning Commission, and that the professional planner was certain that this is a driveway, not a private road.
Mr. Benz said that it would have been a private driveway for one house, but that it will be serving 14 units that will generate about 150 traffic trips a day.
Senior Planner Mark Spencer said that 140 trips a day was the average daily count based on a single-family residence, and that this area is planned to be a retirement community, which would generate significantly less traffic.
Clerk Lirones said that the Washtenaw County Road Commission and the Washtenaw County Planning Commission had asked that the township consider alternatives and that had been done.
Trustee Burhop said that when she saw the map she realized that she would not want to be one of the drivers exiting out to Ann Arbor-Saline Road, and the fact that these will be senior citizens will raise the potential for accidents. She said that she believed that a collector road would be better for the safety of the citizens.
Mr. Spencer said that rationale was considered, but the Planning Commission felt that a cut-through road could also serve as a pedestrian hazard for that community.
Trustee Conner added that if the Benz property ends up being commercial it will also greatly increase the traffic through the HeritageFalls property.
Trustee Marine asked what the Washtenaw County Road and Planning Commissions had asked for and what had been changed.
Mr. Spencer said that the Road Commission had asked that the possibility of a connecter road be looked at. He said that this was discussed by the Planning Commission and it was determined that the site was better the way it was originally designed. He said that the recommendation for consideration from the County Planning Commission came after this consideration had already taken place.
Trustee Conner asked if this had been discussed with Mr. Grammatico, and if so, what his reaction had been, and if there will be sidewalks included in the development.
Mr. Spencer said that Mr. Grammatico had been spoken to early on and he had felt that it was better for the residents of this development to keep this as a private driveway. Mr. Spencer said expense was not the issue brought up by Mr. Grammatico. He said that this driveway basically meets the township’s Class A road standards, and that there will be sidewalks included.
Supervisor Walter said that sidewalks are an important issue in terms of accessibility to the bus line. He asked Mr. Spencer at what point he was made aware of Mr. Benz’s proposal for the road.
Mr. Spencer said that Mr. Benz had brought it up the very first time that this was on the Planning Commission agenda.
Mr. Benz said that the Road Commission had approved his proposal, but that they only have jurisdiction where the new road would meet the existing public road. He asked the Board to please look over the planning file and the engineering report, because he could not find where this issue was discussed in either of them. He said that he thinks that one reason why is due to his lawsuit. He asked that the two issues be separated.
Trustee Conner asked Mr. Benz if there is a site plan for his property.
Mr. Benz said no, and added that the Planning Commission will not speak with him until he drops his lawsuit.
Clerk Lirones asked who on the Planning Commission had told him that.
Mr. Benz said that it had been Mr. Spencer who had told him that, “As long as there is a lawsuit, we don’t have anything to discuss.” He asked that this instead be looked at in the long run, not just at this project, or his own project.
Supervisor Walter asked Mr. Benz what his project is, or if he had proposed any projects yet.
Mr. Benz said that he did not know what his own project was yet, but that in 1992 he had proposed a 73 unit condominium project, and that the township had cashed his PUD fee before telling him that there was no water pressure. He said that is on file and is still open.
Supervisor Walter asked Mr. Benz if he had suggested any other projects.
Mr. Benz said no, because at this point in time the deed restrictions prevent him from doing that.
Supervisor Walter asked Mr. Benz if he had offered any settlement of the deed restriction issue.
Mr. Benz said no.
Trustee Marine asked if this issue had been brought up with Brad Strader.
Mr. Spencer said that there has not been a contract with Mr. Strader to do any work on this project, and so this specific project had not been discussed with him.
Supervisor Walter said that Mr. Strader is the township’s consultant on the update of the comprehensive plan, and that Carl Schmult is the planning consultant.
Clerk Lirones said that Mr. Strader has not been consulted on any individual projects because that is not his role, but that Mr. Schmult has been consulted with extensively. She added that the agencies had asked that the township consider alternatives, and this has consistently been done. She added that no agency had recommended Mr. Benz’s proposed alternative. She thanked Mr. Benz for his comments.
Mr. Benz said that the reason that the other entities have only requested that the Board “consider” other alternatives is because that is all that they can do in a situation like this. He said that they have no authority over the Board’s decisions, and so are limited to offering advice.
Treasurer Skrobola said that Mr. Schmult has been the consultant for the township for over 30 years. He said that the Township Planning Commission and Board have relied upon his professional comments for that period of time and he has proven to be successful in all of his commentary relative to issues that come before the Pittsfield Planning Commission and Board. He personally believes that Mr. Schmult has the ability and the experience to make a just decision in this manner, and that it is his belief that the Board had received excellent professional advice.
Trustee Marine expressed concern with the progression of the comprehensive plan. He said that the Board is continually approving different developments and roads without having all of it be part of the comprehensive plan. He added that some $100,000 were being paid to Mr. Strader’s group and that he couldn’t understand why he shouldn’t at least be looking at this part of the township as part of the comprehensive plan.
Treasurer Skrobola said that all of the staff planners offer excellent advice and that Mr. Strader should not be bothered with every matter relative to planning that comes before the Board until the land use plan is adopted.
Trustee Marine suggested that a moratorium on approval of developments should have been instituted at the beginning of the update of the Master Plan.
Trustee Conner disagreed.
Motion by Treasurer Skrobola,
supported by Clerk Lirones, to call the question.
MOTION CARRIED.
Motion by Clerk Lirones,
supported by Treasurer Skrobola, to adopt the resolution to approve zoning
amendment RZ #01-04 HeritageVillage (HeritageFalls) from AG to PUD (see attachment #3).
ROLL CALL VOTE:
AYES: Brostrom, Conner, Lirones, Skrobola, Walter.
NAYS: Marine, Burhop.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
12.7 Request to Approve “Letter of Understanding” between the PittsfieldCharterTownship and LakeOrion Consultants, L.L.C., Richard M. White, Water System Operator, dated April 26, 2002.
Motion by Treasurer Skrobola, supported
by Trustee Burhop, to approve “Letter of Understanding” between PittsfieldCharterTownship and
Lake Orion Consultants, L.L.C., Richard M. White, Water System Operator, dated April 26, 2002.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
12.8 Request Final Approval of Preliminary Plat, Hickory Pointe Phase IV (SP 00-3)
Supervisor Walter commented that item #1 under “now therefore be it resolved” has been changed to #5 under “and be it further resolved”.
Senior Planner Mark Spencer asked that a separate motion be made for the development agreement, to authorize the Supervisor and the Clerk to sign the development agreement once it is finished. He went over the important points in the development agreement.
Motion by Clerk Lirones, supported by Treasurer Skrobola, to adopt the resolution for final approval of preliminary plat, Hickory Point Phase IV (SP 00-3).
WHEREAS, the Pittsfield Charter Township Municipal Services Department reviewed the “Preliminary Plat” submittal for Hickory Pointe Phase IV Subdivision and made the following findings:
A proper application was filed
by the applicant on September 8, 2000.
Final preliminary plat fees were received by the Treasurer’s office on September 8, 2000.
The Township engineer found the engineering plans satisfactory (see Township Engineer’s letter April 16, 2002).
Planning Department found that the submittal conforms to the approved Tentative Preliminary Plat.
The Planning Commission recommended Final Approval of the Preliminary Plat with conditions on May 2, 2002.
NOW THEREFORE BE IT RESOLVED, that the Pittsfield Charter Township Board of Trustees hereby grants final approval of the Preliminary Plat conditioned on the following being met before any construction can begin:
The developer enter into a "development agreement" with the Township Board.
AND BE IT FURTHER RESOLVED, that the following must be complete before the Township Board approves the final plat:
The applicant agrees to post a financial security with the Township to ensure all construction is completed to the satisfaction of the Township.
A street lighting Special Assessment District is applied for and the developer contribution, if any, is paid.
The street tree planting plan is approved by the Washtenaw County Road Commission
The applicant addresses item #3 of the Planner's report dated April 17, 2002 "The location of existing trees in Phase 4, 8" or larger, should be shown on the plat and should be keyed to the tables on Sheet 19."
All past due invoices for services from Hickory Pointe Associates, Rock Homes and Rock Construction must be paid in full.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
Motion by Treasurer Skrobola, supported
by Trustee Burhop, to authorize the Clerk and Supervisor to sign the
development agreement once it is received in acceptable form relative to
Hickory Point Phase IV.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
13.0 Items from Parks & Recreation
13.1 Motion to Approve the hire of Goddard Coatings Company to repair and fill cracks on MontibellerPark Tennis Courts at a cost of $2,200.00 to be charged to account #751-779.
Motion by Clerk Lirones, supported
by Trustee Brostrom, to approve the hire of Goddard Coatings Company to repair
and fill cracks on the MontibellerPark tennis courts at a cost of $2,200.00 to be charged to
account #751-779.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
14.0 Unfinished Business-none.
15.0 New Business
15.1 Motion to Approve First Reading, Purchase of Development Rights Ordinance for PittsfieldTownship.
Barry Lonik, resident of DexterTownship and PDR Consultant for the EcologyCenter and Farm Bureau, explained the changes that have been made to the way that Michigan’s Purchase of Development Rights (PDR) program operates. He said that these types of ordinances are successful in preserving farmland and that 1,200 acres in this county alone have been preserved under this program. He said that in the year 2000 the state legislature changed PA 262 into a grant program. He said that a draft ordinance has been presented to the Board, and spoke about others already in effect in other areas. He said that a modified version of the county ordinance, for Township use, was being presented tonight.
Supervisor Walter said that, regarding the Braun farmland, it is his understanding that the State funds had been enhanced by another contribution which was tax deductible. He added that in that case the gap between the development value and the agricultural value may have been higher than in other areas of the state.
Mr. Lonik said that because the Brauns were so committed to preserving their land, they accepted a much smaller amount of money for preservation than they would have received for development. He added that the difference between the two amounts is tax-deductible. He said that the State Department of Agriculture has said that a local unit can pay more to add to the State’s $5,000 per acre allowance for PDR.
Clerk Lirones said that the person’s own land value would qualify as a match, and cited what the Brauns did in accepting a lower amount of money.
Trustee Marine congratulated Mr. Lonik for his assistance with the Braun’s PDR application. He asked how much money is available for funding right now.
Mr. Lonik said that United States Congress has passed a farm bill and that there had been 600 million dollars put aside for funding, and that there is talk in Lansing regarding finding another source of revenue for this program.
Trustee Conner asked if this amount of financial assistance will help to preserve farmland, and if the Land Trust Alliance will be able to help preservation.
Mr. Lonik said yes, absolutely. He said that donations can come from any source, and that it is not unheard of for others to come in independently and match funds.
Joan Geddes Rose, representing her mother Marie Geddes of 2750 Morgan Rd., read a letter from her into the record: “On behalf of Geddes family I would like to request the creation of a Purchase of Development Rights (PDR) ordinance for the township. This ordinance would give owners of larger parcels of land an opportunity to save their land for farming and or open space. Thank you very much for considering this request. Sincerely, Marie Geddes.” Ms. Rose thanked the board.
George McCalla, of Broadview Farms on 4100 Stone School Road, said that his is an old family farm and a viable business. He said that it is a challenge to maintain a large plot of land and thinks that a PDR ordinance is a good thing. He said that he hopes to continue his farm business as long as possible. He added that many landlords are also developers, and that many have a clear heritage and the economic means to take a smaller amount of money for their property than it is clearly worth. He said that there is very little land that is valued for agricultural purposes in this township.
Trustee Conner asked what was being grown on the airport property at Ellsworth Road, since Mr. McCalla was the farmer for that parcel.
Mr. McCalla said that it was wheat. He said that grain farming is significant to the character of township. He said that more tax dollars are accumulated from farmland than are expended, and that farmland provides good aquifer replenishment.
Trustee Conner mentioned that farms also offer a good ambience and scenic views for the township.
Mr. Lonik said that federal farmland dollars will pay up to 50 % of the cost for preservation, and that it does not matter what the cost is. He also explained how more land can be purchased by the farmer to reduce the capital gains tax.
Motion by Trustee Brostrom,
supported by Trustee Conner, to approve first reading, Purchase of Development
Rights Ordinance for PittsfieldTownship (see attachment #4).
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola,
Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.
16.0 Public Comment II
Trustee Marine offered some questions on behalf of the Historical Commission regarding damage to the roof of the Wilson farm. He asked if the barn roof would be repaired this year.
Supervisor Walter said that Kurt Weiland had just sent out some requests for proposals in order to get an engineering report on the barn and other buildings.
Trustee Marine asked if the Historical Society needs permission every time that a volunteer group is gathered in order to help clean up the yard.
Supervisor Walter said that if it will be done on an organized basis that he would prefer that Mr. Weiland, the building and grounds coordinator, at least be informed.
Trustee Marine questioned the piles of dirt and junk, and asked if there was anything that the Historical Society could do to help.
Supervisor Walter said that it may have been due to the water line installation, and that the Historical Society could help with the Wilson Farm by maintaining the flowers, helping clean up, and perhaps even raising some money.
Trustee Marine asked if the Board knew that a Mastodon skeleton had been discovered in PittsfieldTownship.
Most of the Board said that yes, they knew that.
17.0 Adjournment by Supervisor Walter at 9:41 p.m.
________________________________
Arianne Garza, Department Assistant I
RecordingClerk
PittsfieldCharterTownship
_
_____________________
Christina L. Lirones, Clerk
PittsfieldCharterTownship
_______________________
James R. Walter, Supervisor
PittsfieldCharterTownship
MINUTES APPROVED AS CORRECTED AT THE MAY 28, 2002 MEETING OF THE PITTSFIELD CHARTER TOWNSHIP BOARD OF TRUSTEES.
