Pittsfield Charter Twp, Michigan

APPROVED

Minutes of a Regular Meeting
Pittsfield Charter Township Board of Trustees, September 24, 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: Judith Walter, Garry Bolt, Violet Bolt, Mark Spencer, Mark Pascoe, Don Tilton, Jane Hesnek, Beth Burke, Michael Grady, Dennis Ward, Robert Reed, Arlena Reed, David Bell, Jim Haeussler, Larry Helton.

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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

Mark Pascoe, of 465 Hunters Crest Dr., said that the residents of his subdivision have had trouble getting the developer to install the streetlights that are on the approved site plan for the last phase of Hunter’s Ridge. He said that the residents would appreciate anything that the Board could do to assist them.

Beth Burke, of 3111 Merritt Rd., addressed the Board regarding item 12.4. She said that she was representing most of the people who live on Merritt Road, and they would like to support the recommendation of the Planning Commission to rezone the Issa property to RI-A single-family rural non-farm residential, which is one dwelling unit per acre with well and septic. She thanked the Board.

5.0 Public Hearings/Presentations

6.0 Approval of Minutes

6.1 Request to Approve the Minutes of the Regular Board Meeting Held on September 10, 2002.

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to approve the minutes of the regular Board meeting held on September 10, 2002.

Trustee Brostrom said that on page 1 the word “news” should be capitalized.

MOTION CARRIED.

7.0 Consent Agenda

8.0 Items from the Treasurer

9.0 Items from the Clerk

9.1 Request to Approve Resolution Authorizing a Phase II EPA/DEQ Compliance Program Internship to be filled by Ms. Jennifer Black, effective September 16, 2002 through December 31, 2002, at a pay rate of $8.50 per hr., for up to 20 hours per week.

Motion by Treasurer Skrobola, supported by Clerk Lirones, to approve the resolution authorizing a Phase II EPA/DEQ Compliance Program Internship to be filled by Ms. Jennifer Black, effective September 16, 2002 through December 31, 2002, at a pay rate of $8.50 per hr., for up to 20 hours per week.

WHEREAS, the Pittsfield Charter Township Board of Trustees would like to authorize the hiring of Ms. Jennifer Black for the position of student intern, and

WHEREAS, Ms. Jennifer Black would serve in the position of student intern, from September 16, 2002 through December 31, 2002, for up to 20 hrs. per week, at a pay rate of $8.50 per hr.

NOW, THEREFORE, BE IT RESOLVED THAT, the Pittsfield Charter Township Board of Trustees authorize the hire of Ms. Jennifer Black, to serve as the Phase II EPA/DEQ Compliance Program intern, effective September 16, 2002 through December 31, 2002, at a pay rate of $8.50 per hr., for up to 20 hrs. per week.

ROLL CALL VOTE:
AYES: Brostrom, Conner, Lirones, Marine, Skrobola, Walter.
NAYS: Burhop.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.

9.2 Receive Control Account Report for month of August 2002.

Motion by Clerk Lirones, supported by Trustee Brostrom, to receive the control account report for the month of August 2002.
MOTION CARRIED.

9.3 Request Approval for Payment of Payables, checks 40051-40194, in the amount of $657,318.95.

Motion by Trustee Conner, supported by Clerk Lirones, to approve payment of the payables, checks 40051-40194, in the amount of $657,318.95.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.

9.4 Request to Adopt Resolution to Approve Annexation to the City of Ann Arbor, for the property known as 3090 Cherry Tree Lane, Ann Arbor, MI, #L-12-11-150-009.

Motion by Treasurer Skrobola, supported by Trustee Burhop, to adopt the resolution to approve annexation to the City of Ann Arbor, for the property known as 3090 Cherry Tree Lane, Ann Arbor, MI, #L-12-11-150-009. (See Attachment #1)
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.

10.0 Items from the Supervisor/Assessor

10.1 Request to Approve Reappointment of Julie Greiss and Dennis Ward to the Township Planning Commission with term ending September 30, 2005.

Motion by Trustee Brostrom, supported by Treasurer Skrobola, to approve reappointment of Julie Greiss and Dennis Ward to the Township Planning Commission with the term ending September 30, 2005.

Trustee Marine recalled that prior to his election some of the people who were not on the Board then, but are now, had pushed the previous administration to publish openings for appointees into the township. He asked if the current Board was publishing these openings as well. He said he felt that what was good for the previous administration is probably good for this administration. He added that he was not willing to support one of these planning commissioners, and if they remained on a single agenda item he would have to vote against both.

Supervisor Walter said that if he wanted the motion separated it would be. He said that there had been no interview process, but that if it was the desire of the Board to conduct interviews in the future it would certainly be considered.

Trustee Marine said he would like that.

Supervisor Walter asked if that was the sense of the Board.

Clerk Lirones said no.

Trustee Burhop said yes.

Supervisor Walter said that it would not be an issue again for another year, but that this would certainly be taken into consideration. He said that by law the appointment is made by the Supervisor, but he is willing to take advice as to the appointment process.

Trustee Marine said that it would be good to receive input from the community.

Supervisor Walter said that because the motion had been separated, both items would have the same mover and seconder. He asked the Clerk to call the roll for the appointment of Julie Greiss.

ROLL CALL VOTE:
AYES: Brostrom, Conner, Lirones, Skrobola, Walter.
NAYS: Burhop, Marine.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.

Clerk Lirones called the roll for the appointment of Dennis Ward.

ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.

10.2 Request to Lift Hour Restrictions on Watering Ban.

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to lift the hour restrictions on the watering ban.

WHEREAS, Pittsfield Charter Township requires that the Township Board must approve the Supervisor’s changes in outdoor watering restrictions from the public water system, and

WHEREAS, the Pittsfield Charter Township Supervisor has been advised by the Detroit Water Board and YCUA that they have lifted restrictions on outdoor watering,

NOW, THEREFORE, BE IT RESOLVED, that the Pittsfield Charter Township Board ratifies the lifting of the ban on outdoor watering for the hours of: 5:00 a.m.-10 a.m. and 5:00 p.m.-10 p.m.

BE IT FURTHER RESOLVED, that users of the public water system be reminded that the odd-even water restrictions are still in effect.

MOTION CARRIED.

10.3 Request to Approve Resolution to Establish New Rubbish Rates.

Supervisor Walter said that the contract calls for an increase to the contractor that will be the lesser of 3% or the increase in the CPI from Oct. 1, 2001 – Sept. 30, 2002. He said that it will be slightly under 2%, and that the increase will be from $9.62 a month to $9.80.

Trustee Burhop asked if those were the correct dates.

Supervisor Walter said that 2001-2002 is the fiscal year on which the CPI increase is based. He said that although that period had not been completed, he felt that the township was under obligation to warn the residents ahead of time.

Trustee Marine asked if, should the CPI come in any higher, there would be problems with the contractual agreement.

Supervisor Walter said that the rates could always be raised again, but that the actual increase was slightly higher than what they had estimated the CPI would be, allowing for some leeway.

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to approve the resolution to establish new rubbish rates.

WHEREAS, the Pittsfield Charter Township contract with Great Lakes Rubbish requires that the payments for rubbish collection be increased by 3% or the increase in the CPI for the period of October 1, 2001 to September 30, 2002, whichever is less, and

WHEREAS, the Pittsfield Charter Township Supervisor and Accounts Manager have reviewed the economic figures and expect the CPI to increase less than 2%, and

WHEREAS, the rate of $9.80 per month would represent a 1.87% increase in the rates for rubbish collection,

NOW, THEREFORE, BE IT RESOLVED, that the Pittsfield Charter Township Board sets the rate for rubbish collection at $9.80 per month for billings issued on or after December 1, 2002.

ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.

10.4 Request to Approve Resolution of the Contract for High Speed Internet Access and the purchase of the needed hardware to support and secure that access.

Motion by Clerk Lirones, supported by Trustee Conner, to approve the resolution of the contract for high speed internet access and the purchase of the needed hardware to support and secure that access.

WHEREAS, the continued expansion of township services requires increasing availability of access to the internet for township staff working to serve the residents, and

WHEREAS, UUNet, through auspices of CDW-G, a vendor with whom the township has regularly done business, can offer the necessary hardware and data contract at a reasonable cost, and

WHEREAS, under a three year term of the contract UUNet would waive the $3,000.00 in installation fees for the T-1 and other startup fees, and discount the cost of the Cisco 2620 router needed

NOW, THEREFORE, BE IT RESOLVED, that the Pittsfield Charter Township Board of Trustees authorizes the acceptance of the contract from UUNet for internet connectivity and the necessary router. Further, be it resolved that the Firewall appliance be purchased from CDW-G.

Trustee Brostrom asked if the Board felt that this particular firewall could prevent hacking into property tax records.

Supervisor Walter asked if that information was available online.

Treasurer Skrobola said no, that there were counter checks to protect that information.

Trustee Marine said that there was a different model number for the routers than the one in the resolution and asked if that was a mistake.

Supervisor Walter said that he did not know.

ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.

11.0 Items from the Office of Public Safety

11.1 Receive Fire Department Incident Summary Report for the month of July 2002.

Motion by Trustee Brostrom, supported by Trustee Burhop, to receive the Fire Department incident summary report for the month of July 2002.
MOTION CARRIED.

11.2 Receive Fire Department Incident Summary for the month of August 2002.

Motion by Trustee Conner, supported by Trustee Burhop, to receive the Fire Department incident summary for the month of August 2002.
MOTION CARRIED.

11.3 Request to Approve enrollment in World Geography (50%), for Dispatcher Bartenslager, with class starting September 9, 2002 and ending December 21, 2002 at a cost of $109.00.

Motion by Trustee Conner, supported by Trustee Brostrom, to approve enrollment in World Geography (50%), for Dispatcher Bartenslager, with class starting September 9, 2002 and ending December 21, 2002 at a cost of $109.00.
MOTION CARRIED.

11.4 Request Approval to Purchase Replacement Foam from National Foam for a total cost of $2,650.00, to be charged to account #336.777 – Fire Equipment and Supplies.

Motion by Trustee Conner, supported by Clerk Lirones, to approve the purchase of replacement foam from National Foam for a total cost of $2,650.00, to be charged to account #336.777 – Fire Equipment and Supplies.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.

11.5 Request Approval to Purchase Document-Imaging System, from DSS Corporation for a total cost of $15,198.00 (includes upgrade if the MIRRA dispatch recording/call check system and DVD media disks), to be charged to account #205.970 – Public Safety Fund Capital Expenditures.

Motion by Clerk Lirones, supported by Trustee Brostrom, to approve the purchase of a document-imaging system from DSS Corporation for a total cost of $15,198.00 (includes upgrade of the MIRRA dispatch recording/call check system and DVD media disks), to be charged to account #205.970 – Public Safety Fund Capital Expenditures.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.

11.6 Request Approval to Purchase Ammunition for Firearms Training from Ultramax Ammunition Company for a total cost of $3,083.00, to be charged to account #301-741 – Law Enforcement Supplies Account.

Motion by Trustee Conner, supported by Clerk Lirones, to approve the purchase of ammunition for firearms training from Ultramax Ammunition Company for a total cost of $3,083.00, to be charged to account #301.741 – Law Enforcement Supplies Account.
ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.

12.0 Items from the Office of Municipal Services/Planning and Zoning

12.1Request to give Authorization to the Township Supervisor to Sign a Contract with Tilton & Associates for up to $24,980.00 to complete the Wetland Mapping Project.

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to give authorization to the Township Supervisor to sign a contract with Tilton & Associates for up to $24,980.00 to complete the Wetland Mapping Project.

Mark Spencer, Senior Planner, said that the Planning Staff was recommending Tilton & Associates for the project because they felt that this firm had the strongest qualifications.

Don Tilton said that it was a pleasure to have been selected for consideration. He said that he and his associates will begin by assembling all of the existing information, and then overlaying it to identify potential wetland areas. He said that aerial photography would then be used to confirm those boundaries. He said that once that was done they would visit the smaller, more questionable areas to see if they qualified. He said that they would also try to identify opportunities for wetland restoration to aid in the acquisition of future funding to improve those areas. He said that a key part of their proposal was public involvement and he wanted to hold public meetings. He said that the public hearing process was also necessary to get the map approved by the DEQ, should the township want its own wetland ordinance. He added that on October 5 there would be an “Introduction to Wetland Values” seminar held in Superior Township, and invited township officials to attend.

Trustee Conner recommended that seminar. He said that on page 3 of the Conditions of Agreement it read: “…if work is commenced by T.A.I. and client does not object, it is an acceptance of the proposed terms”. He noted that this was imposing acceptance by silence, and said that a contract could not be made like that. He suggested the attorney might review that and perhaps strike that line.

Mr. Tilton said the change would be fine. He struck out the line and initialed it.

ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.

12.2 Request to take action on Saline Area Schools Rezoning RZ #02-14.

Mark Spencer, Senior Planner, said that this would confirm what had been agreed to in the consent agreement.

Trustee Marine asked why parcel A had remained zoned industrial.

Mr. Spencer said that it had been zoned industrial in the comprehensive plan. He said that if the school decided later that they want to sell the land and make some money, there will be no question about what it could be used for.

Clerk Lirones added that it had been done intentionally to protect the integrity of the industrial corridor.

Supervisor Walter added that the school had indicated that they had no intention of using that property for anything else.

Motion by Trustee Brostrom, supported by Treasurer Skrobola, to adopt the resolution to approve the first reading of ordinance RZ # 02-14 Saline Area Schools. (See Attachment #2)

WHEREAS, Pittsfield Charter Township and Saline Area Schools have entered into a Consent Judgment, Circuit Court Case No. 01-957-CZ; and

WHEREAS, Pittsfield Charter Township, by order of the court to comply with the above Consent Judgment is obligated to rezone the Saline Area Schools property to Public Facilities (PF); and

WHEREAS, Pittsfield Charter Township and Saline Area Schools will abide by the ruling set forth in the Consent Judgment, Circuit Court Case No. 01-957-CZ; and

WHEREAS, a Public Facilities (PF) zoning designation is in compliance with the Township’s adopted Comprehensive Plan (2002),

NOW, THEREFORE, BE IT RESOLVED, that the Pittsfield Charter Township Board approves the first reading of RZ #02-14 an ordinance to amend the Pittsfield Township Zoning Map for property located at tax parcels #L-12-29-300-001, -004, -006, #L-12-29-400-015, -016, and #L-12-32-200-007 from Agricultural (AG) and Planned Unit Development (PUD) to Public Facilities (PF).

ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.

12.3 Request to Approve Resolution Authorizing the hire of Ms. Jennifer Kitchen to the position of Department Assistant I – Building Department, at a starting wage of $9.91 per hr., as stipulated by the AFSCME Union Contract, effective September 25, 2002.

Motion by Clerk Lirones, supported by Trustee Brostrom, to approve the resolution authorizing the hire of Ms. Jennifer Kitchen to the position of Department Assistant I – Building Department, at a starting wage of $9.91 per hr., as stipulated by the AFSCME Union Contract, effective September 25, 2002.

WHEREAS, the Pittsfield Charter Township Board of Trustees would like to authorize the hiring of Ms. Jennifer Kitchen for the position of Department Assistant I, and

WHEREAS, Ms. Jennifer Kitchen 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. Jennifer Kitchen, to serve in the position of Department Assistant I, effective Wednesday, September 25, 2002, at a starting wage of $9.91 per hr., as stipulated by the AFSCME Union contract.

ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.

12.4 Request to Approve Resolution for Approval of an Ordinance to Amend the Pittsfield Charter Township Zoning Ordinance RZ #02-3 Patti/Issa – 1^st Reading, for property located at tax parcels # L-12-26-300-005, # L-12-26-300-018, # L-12-26-300-021, and # L-12-26-300-029, from Agricultural to Single Family Rural Non-Farm Residential.

Motion by Clerk Lirones, supported by Treasurer Skrobola, to approve the resolution for approval of an ordinance to amend the Pittsfield Charter Township Zoning Ordinance RZ #02-03 Patti/Issa – 1^st Reading, for property located at tax parcels # L-12-26-300-005, # L-12-26-300-018, # L-12-26-300-021, and # L-12-26-300-029, from Agricultural to Single Family Rural Non-Farm Residential. (See Attachment #3)

WHEREAS, The Pittsfield Charter Township Planning Commission held a public hearing on the petition on June 6, 2002, considered comments presented or submitted by the public and made findings on the matter; and

WHEREAS, the Planning Commission recommended to the Pittsfield Township Board of Trustees that the request to rezone the property in RZ #02-03 from Agricultural (AG) to Single Family Suburban Residential (R-1B) not be approved; and

WHEREAS, the Planning Commission recommended the Township Board rezone the property in RZ #02-03 from Agricultural (AG) to Single Family Rural Non-Farm Residential (R-1A), and

WHEREAS, the Washtenaw County Metropolitan Planning Commission waived its right to review this amendment;

NOW, THEREFORE, BE IT RESOLVED, that the Township Board denies the request to rezone the property in RZ #02-03 from Agricultural (AG) to Single Family Suburban Residential (R1-B), and

BE IT FURTHER RESOLVED, that the Township Board approves first reading of RZ #02-03 an ordinance to amend the Pittsfield Township Zoning Map for property located at tax parcels #L12-26-300-005, #L12-26-300-018, #L12-26-300-021, and #L12-26-300-029 from Agricultural (AG) to Single Family Non-Farm Residential (R-1A).

Supervisor Walter said that a few years ago there was a proposal for a very large development in the area, but that this was in line with the township taking that half-section out of the water and sewer service area as well as wanting to have a less dense development. He said that a higher density would not be supported by the currently adopted plan.

Clerk Lirones said that the property owner had also sent a letter supporting this rezoning.

ROLL CALL VOTE:
AYES: Brostrom, Burhop, Conner, Lirones, Marine, Skrobola, Walter.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.

12.5 Request to Approve Resolution of an Ordinance to Amend the Pittsfield Charter Township Zoning Ordinance RZ #02-06 Peters Building Company- 1^st Reading, for property located at a tax parcel # L-12-27-300-001, from Agricultural to Single Family Suburban Residential.

Motion by Treasurer Skrobola, supported by Clerk Lirones, to approve the resolution of an ordinance to amend the Pittsfield Charter Township Zoning Ordinance RZ #02-06 Peters Building Company – 1^st reading, for property located at tax parcel #L-12-27-300-001, from Agricultural to Single Family Suburban Residential. (See Attachment #4)

WHEREAS, The Pittsfield Township Planning Commission held a public hearing on the petition on August 1, 2002, considered comments presented or submitted by the public and made findings on the matter; and

WHEREAS, The Planning Commission recommended to the Pittsfield Township Board of Trustees that the request to rezone the property in RZ #02-06 from Agricultural (AG) to Single Family Suburban Residential (R-1B) be approved; and

WHEREAS, the Washtenaw County Metropolitan Planning Commission waived its right to review this amendment,

NOW, THEREFORE, BE IT RESOLVED, that the Township Board approves first reading of RZ #02-06 an ordinance to amend the Pittsfield Township Zoning Map for property located at tax parcel # L-12-27-300-001 from Agricultural (AG) to Single Family Suburban Residential (R-1B).

Mark Spencer, Senior Planner, said that this is in the sewer and water service district and should fit in well with the neighboring subdivisions. He added that measures have been taken to alleviate some potential traffic problems that may be generated by this.

Trustee Brostrom asked how many units would be going in

Mark Pascoe, from Atwell-Hicks, said that 175 are permitted by the acreage, but based on the concept plan there should only be about 120.

Trustee Marine said that there are problems with Michigan Avenue, and residents in Warner Creek are constantly concerned for their safety. He said that he had stressed his concerns regarding this level of density during the discussion of the master plan, and said that there was no way that he could support this petition.

Mr. Spencer said that the staff has had preliminary discussions with the applicant and a new connector road to Michigan Avenue had been discussed. He said that this could eventually lead to a new traffic light in that area and so has the potential to solve traffic problems in the long run.

Supervisor Walter said that this will also give people access to Warner Road. He agreed that it will generate more traffic, but said that it will also provide more road structure to give people alternatives. He said that this was anticipated a long time ago and that water and sewer services are already there.

Trustee Brostrom asked how this would affect the area to the west.

Mr. Spencer said that there hasn’t been much discussion with the developer on this but that they were looking at buffer strips for the collector roads, and there was hope that the larger lots would be on the outside edges.

Trustee Burhop asked if there would be access directly onto Warner road.

Mr. Spencer said yes, but that it was not set yet.

Trustee Burhop said that she had misgivings about that because her well and septic is between Fosdick and Warner Roads. She said that the development was liable to harm the integrity of the water supply there.

Mr. Spencer said that was an interesting point and that the engineers could be asked to see if they had any information on that from their natural resource consultants.

Trustee Burhop said that people already speed down Warner Road and do 55 miles per hour on a dirt road. She said that having an additional 248 cars going down there and funneling onto Michigan Ave. will be a problem for the people who already live there

Mr. Spencer said that the Road Commission will most likely be asking that that section of Warner Road to be paved. He said that will reduce the dust impact.

Trustee Burhop said that it wasn’t the dust at this point, because she had seen what had happened in Ashford Village when the road got widened and all of the trees came down. She said it did not improve the area.

Mr. Spencer said that the staff has been working on several projects with this engineering firm where they have protected corridors with natural resources and tree lines. He said that they have emphasized that they want to retain and restore as much as possible.

Treasurer Skrobola said that this piece of property will be a challenge for the Planning Staff and Planning Commission. He recalled that when Warner Creek was initially planned it had not been set back as far from the roads. He said that there will be some real consideration on the part of the developer to mitigate some of the plants and there is already a good consideration of the part of the developer to put in only 120 units. He said that these issues are significant.

Mr. Spencer said the Planning Staff and Commission are always looking to improve those issues. He added that there is some potential that MDOT will want to enlarge the Michigan Avenue right of way and it was important to have any buffers outside of that potential widening.

Treasurer Skrobola said assuming MDOT would want to enlarge the right of way was a good starting point.

Mark Pascoe, of Atwell-Hicks, said that one good thing about this project is the preservation of the barn that is there. He said that it will be the focal point of the development.

Trustee Conner asked if all of Warner Road would be paved.

Mr. Spencer said no.

Trustee Brostrom said that he lives on Tamarack and so he is biased. He asked what all of the new lawns will do to the current well and septic water supply and the health of the current wetland.

Mr. Pascoe said that the development will require a storm water management plan, and there will be on-site detention and buffers to help alleviate the situation.

Mr. Spencer said that they will be looking for innovative ways of obtaining better water quality.

Clerk Lirones noted that the current vote is solely for the rezoning and that there is no site plan attached to it at this time.

ROLL CALL VOTE:
AYES: Brostrom, Conner, Lirones, Skrobola, Walter.
NAYS: Marine, Burhop.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.

12.6 Request to Approve Resolution to take Action on RZ #02-7 Jennie Morgan – 1^st Reading.

Motion by Clerk Lirones, supported by Treasurer Skrobola, to adopt the resolution to take action on RZ #02-7 Jennie Morgan – 1^st reading. (See Attachment #5)

WHEREAS, The Pittsfield Township Planning Commission held a public hearing on the petition on August 1, 2002, considered comments presented or submitted by the public and made findings on the matter; and

WHEREAS, the Planning Commission recommended to the Pittsfield Township Board of Trustees that the request to rezone the property in RZ #02-07 from Agricultural (AG) to Single Family Suburban Residential (R-1B) not be approved; and

WHEREAS, the Planning Commission recommended the Township Board rezone the property in RZ #02-07 from Agricultural (AG) to Single Family Non-Farm Residential (R-1A); and

WHEREAS, the Washtenaw County Metropolitan Planning Commission waived its right to review this amendment;

NOW, THEREFORE, BE IT RESOLVED, that the Township Board denies the request to rezone the property in RZ #02-07 from Agricultural (AG) to Single Family Suburban Residential (R-1B), and

BE IT FURTHER RESOLVED, that the Township Board approves first reading of RZ #02-07 an ordinance to amend the Pittsfield Township Zoning Map for property located at tax parcels #L12-16-400-004 from Agricultural (AG) to Single Family Rural Non-Farm Residential (R-1A).

Supervisor Walter noted that the Board had received two additional handouts, a note from Mrs. Morgan stating that she had withdrawn her rezoning request, and a message from Attorney Bruce Laidlaw on this matter. He said that there were some compelling reasons to follow the Planning Commission’s recommendation because if a parcel is left zoned agricultural and someone claims that that is unconstitutional, then the township is left with the burden of proof in the courtroom.

Clerk Lirones added that in Mr. Laidlaw’s response to Mrs. Morgan’s offer to withdraw her petition, which followed public hearing and recommendation by the Planning Commission, he recommended the rezoning to R1-A.

Mark Spencer, Senior Planner, said that this piece of property is very close to an area where there are development pressures, and the rezoning would offer protection to the township.

Supervisor Walter said that this Comprehensive Plan designates this as Agricultural Preservation unless there are development pressures nearby, in which case it should be R1-A. He said that the condominium development to the north was sufficient development pressure.

Mr. Spencer said that if in the future Mrs. Morgan wants to rezone this back to Agricultural, it can be petitioned.

Clerk Lirones said that there has been support from the neighbors for this rezoning.

Mark Pascoe, speaking on behalf of Jennie Morgan, said it had been her desire to withdraw her application for a rezoning. He said that she was not here tonight because it was her understanding that it would be removed from the agenda because of her withdrawal. He said she had submitted it originally for R1-B and it had been denied and instead recommended as R1-A, and so she would like to withdraw her petition at this time.

Clerk Lirones said that there had been no miscommunication on this issue and that the petitioner has no right to stop action on the rezoning, according to attorney Laidlaw.

Trustee Marine said that he had read the message from Mr. Laidlaw as meaning that this property should be rezoned to Agricultural Preservation if that was what had been put in the master plan. He said that he had trouble with putting caveats with Agricultural Preservation to allow rezoning. He said it was his belief that this should stay zoned for Agricultural Preservation and if it was Mrs. Morgan’s wish to withdraw this, he could see no reason why the township should go ahead and rezone it to R1-A.

Clerk Lirones clarified that she had written the memorandum which Mr. Laidlaw’s note was in response to, and the question had to do with the R1-A rezoning and not Agricultural Preservation.

Mr. Spencer said that there was no special district for preservation at this time and that compliance in an area such as this that is so urbanized relies heavily on a volunteer basis. He said that when there is a pressure from a land-owner to do something else with a property, the township needs to provide a reasonable use so that the court does not go in and determine the zoning of the property for them. He said that this is the best alternative that there is and does not take away her current agricultural use of the property.

Mr. Pascoe asked that this motion be tabled so that the Board could hear from Mrs. Morgan.

Motion by Trustee Marine, supported by Trustee Burhop, to table approval of the resolution to take action on RZ #02-7 Jennie Morgan – 1^st reading.

ROLL CALL VOTE:
AYES: Brostrom, Burhop, Marine.
NAYS: Walter, Conner, Lirones, Skrobola.
ABSENT: None.
ABSTAIN: None.
MOTION FAILS.

Supervisor Walter reminded the Board of the reason for the escape clause for land that is under development pressure. He recalled the Water’s Place rezoning where the township had not gone through with the rezoning, and the petitioners then came in and argued that Agricultural zoning was unconstitutional, therefore they should get commercial as a reasonable use despite the fact that the land was master planned for residential and office. He said that he did not want to be put in a situation where the township would end up being ordered by the court to award a much higher density than had been anticipated.

Trustee Burhop said that the petitioner had not said that she wanted it withdrawn forever, and perhaps it was only for five weeks or something like that. She said that maybe the Board should be little more flexible on some of these things.

Trustee Conner asked if the petitioner were to submit another petition for an Agricultural zoning, how likely it would be to come back to the Board.

Mr. Spencer said that if she petitions to do that it will come back before the Board, either with a favorable or unfavorable recommendation from the Planning Commission. He said that a reasonable use of the property could always be presented and considered.

Clerk Lirones added that Mrs. Morgan will have an opportunity to speak during the second reading.

Trustee Brostrom said that he understood the logic of this rezoning but wanted to have some indication that Mrs. Morgan had made a conscious decision not to come tonight and not to deal with this in person. He said that he wanted to give her a chance, but that Clerk Lirones had made a good point that she will have an opportunity on the second reading.

Mr. Spencer noted that she had been notified that it would be on tonight’s agenda and that she would be notified of it again before the second reading.

ROLL CALL VOTE:
AYES: Brostrom, Conner, Lirones, Skrobola, Walter.
NAYS: Burhop, Marine.
ABSENT: None.
ABSTAIN: None.
MOTION CARRIED.

13.0 Items from the Parks & Recreation Department

14.0 Unfinished Business

15.0 New Business

Supervisor Walter commented that he had been working with Phil Maly, interim Utilities Director, on two of the items on which Trustees had requested more information. He said that Utilities had downloaded and sent the information for the Metron-Farnier meters, but that the system was unable to read it. Due to this it had been decided that Mr. Maly would do a cross-sectioned sample of meters in the township and then do the analysis by hand. He said that Mr. Maly had indicated that the best time to get a good handle on it was after one year, but that there could be an interim report on how the meters were doing. Regarding the Vactor truck, he said that Mr. Maly has looked at the billings for back-ups in the past, times that they have gone out and cleaned the sewers, and some of the regular maintenance. From this some estimates can be made. He said, however, it is difficult to measure how many back-ups have been prevented.

Trustee Brostrom asked if the problem of grievances being filed in connection with the use of the truck had continued.

Supervisor Walter said that he was hoping for a resolution of that, but that the truck was being used regularly.

Trustee Conner asked if the lift stations were being serviced.

Supervisor Walter said that there was a current contract with Ayres-Lewis and that they were training township employees to eventually take over.

Treasurer Skrobola said that the Clubview Subdivision paving project had finally been completed.

Supervisor Walter said that there had been tremendous cooperation by Barrett Paving with the local neighbors. He said that next year when the final overlay is complete the residents will finally have road that they can be proud of.

Treasurer Skrobola noted that they had finished two weeks ahead of schedule.

Trustee Marine said that at last night’s work session Supervisor Walter had suggested that the Historical Commission had an obsession with the Wilson farm, and as a member of the Historical Commission he had found that to be offensive. He said that the Historical Commission had originally been in charge of the Wilson farm, and because of the extensive amount of work that needed to be done, the request had been made to move the Wilson farm to the Parks department along with the money to renovate it. A year later, he found out that control of the Wilson farm has now gone to Kurt Weiland in the Building Department and the $70,000 for the farm had simply gone back into the General Fund with no work done. He said that if nothing is done soon to repair the roof of the barn, there will no longer be a barn after this winter. He said that Rev. Joe Summers had brought up the point that if the Historical Commission were removed from the renovations dealing with the Wilson farm, then they may lose historical accuracy and future opportunities for grants. He said that it had been made clear to him by the Board in the past that this would eventually be a major historical site and that the Historical Commission would continue to play a role. He said that Supervisor Walter had also voiced concern that the Historical Commission had not been able to separate itself from the Historical Society, and that they wanted to store a piece of Historical Society property on the Wilson farm property. He said that he believed that the Historical Commission was a township commission with an agenda, and that sometimes the Historical Society was a group with expertise and manpower that could help to fulfill that agenda. He said that he could not see any reason as to why their artifacts could not be donated or loaned or simply placed on township property. He said that this is a good group of people who are putting in their own time and effort for something that they truly believe in, and he had a problem with any comment that suggested otherwise.

16.0 Public Comment II.

Dennis Ward, of 3100 Platt Place North, addressed the Board on item 12.6 and said that he had not known that something had come through from Jennie Morgan and her attorney requesting withdrawal. He reminded the Board that when they first entered the comprehensive planning process, the number one aspect as far as the Planning Commission was concerned was defensibility. He urged the Board to approve the R1-A zoning on the basis of defensibility. He said that if it does not, the property will go to consent judgment at a higher density. He said that if Mrs. Morgan’s intent is to come back and zone this as AG, then that is within her rights and if there is any litigation brought forth the township will have a very defensible position to maintain that AG zoning given that the property owner requested it.

Trustee Burhop asked why the opportunity to live in it as AG was being denied to her.

Mr. Ward said that there was no denial at all.

Trustee Burhop said that Mrs. Morgan could only have it one way.

Mr. Ward said that we can all only live in one way and that if Mrs. Morgan wants to come back and request agricultural zoning, it is well within her right. However, in this case, she had first hand-written a letter to the Planning Commission for the Comprehensive Plan, to not make this parcel Agricultural Preservation. Secondly, she had attended a public hearing and requested R1-B zoning, which is suburban residential. He said that if she wanted to change her zoning she was more than welcome to. However, if she chose not to rezone, she had the opportunity to come in and develop that parcel within the zoning ordinances of Pittsfield Township.

Trustee Burhop said that she agreed with Trustee Brostrom that it might be nice if the woman had an opportunity to appeal. She said she thought that there were three of the Board members that had said: “yes, it would be nice if she had an opportunity to appeal”, but four did not.

Mr. Ward reminded her that Mrs. Morgan could appeal at the second reading.

Trustee Marine said that he had never seen any of her letters and thought that they would be helpful.

Clerk Lirones said that she could supply copies to the Board members. She said Mrs. Morgan had stated very clearly that she wanted development on this property at the highest level of density possible. She said that she had been opposed to the Agricultural Preservation zoning because of this.

Mr. Ward said that was a true statement.

Trustee Marine said that these bits of information would be useful to have prior to the meeting.

Beth Burke, of 3111 Merritt Rd., said that if Mrs. Morgan was waiting for the Board to deny the R1-A , there was a good chance that she was making plans to force the township to do the higher density. She said that seemed underhanded.

Supervisor Walter said that they cannot speculate her motivations, but know the consequences of not rezoning it to R1-A because they have seen it happen. He asked if everybody understood that rezoning her land to R1-A did not require her to change its use in any way whatsoever.

Trustee Marine asked if it had been a mistake to include caveats in these types of Agricultural Preservation areas.

Supervisor Walter said no. He said if the landowner did not want Agricultural Preservation and could point to growth pressures around them, there needed to be a reasonable compromise.

Trustee Marine asked if the caveats had weakened the areas of Agricultural Preservation.

Clerk Lirones said no.

17.0 Adjournment by Supervisor Walter at 9:02p.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 OCTOBER 8, 2002.