Pittsfield Charter Twp, Michigan

APPROVED

Minutes of a Regular Meeting
Pittsfield Charter Township Board of Trustees, January 14, 2003
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 items 15.1 and 15.2 up on the agenda to precede approval of the minutes, and added items 15.3, 15.4, and 15.5 to New Business.

5.0 Public Hearings/Presentations

6.0 Approval of Minutes

6.1 Request Approval of Minutes of the Regular Board Meeting held on December 17, 2002.

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to approve the minutes of the regular Board meeting held on December 17, 2002, as corrected.

Trustee Brostrom said that on page 10, the second line from the bottom, the word “Homeowners’” was misspelled. On page 12, 2^nd paragraph, the comma and word “this” should be eliminated, and on page 14, 4^th paragraph, the word “yet” had been repeated. On page 16, the 3^rd sentence in the middle of the page should read “that MDOT would come to a decision soon on a preferred route”, and at the bottom of the same page, “…that the board had not taken a position on this yet.”

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 #41025-41164, in the amount of $302,205.03.

Motion by Trustee Conner, supported by Trustee Burhop, to approve payment of the payables, checks #41025-41164, in the amount of $302,205.03.

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

9.2 Request Approval for Payment of the Payables, checks #41165-41253, in the amount of $780,378.55.

Motion by Clerk Lirones, supported by Trustee Brostrom, to approve payment of the payables, checks #41165-41253, in the amount of $780,378.55.

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

9.3 Motion to Approve Revised Resolution #02-26 for Annexation to the City of Ann Arbor, for property known as Stone School Townhomes.

Motion by Trustee Conner, supported by Trustee Burhop, to approve revised resolution #02-06 for annexation to the City of Ann Arbor, for property known as Stone School Townhomes. (See attachment #1)

Supervisor Walter asked what the revision was.

Clerk Lirones said that the legal description supplied had been incorrect.

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

9.4 Motion to Approve Resolution #03-01 for Annexation to the City of Ann Arbor, for property known as 2931 Shady Lane, Lot 23, Walden Woods, parcel #12-03-393-004.

Motion by Treasurer Skrobola, supported by Trustee Marine, to approve resolution
#03-01 for annexation to the City of Ann Arbor, for property known as 2931 Shady Lane, Lot 23, Walden Woods, parcel #12-03-393-004. (See attachment #2)

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

9.5 Request to Approve Resolution Authorizing the Extension of the Phase II EPA/DEQ Compliance Program Internship Filled by Ms. Jennifer Black, through March 31, 2003 at a pay rate of $8.50 per hr., for up to 20 hrs. per week.

Motion by Trustee Conner, supported by Trustee Marine, to approve a resolution authorizing the extension of the Phase II EPA/DEQ Compliance Internship filled by Ms. Jennifer Black, through March 31, 2003 at a pay rate of $8.50 per hr., for up to 20 hrs. per week.

WHEREAS, the Pittsfield Charter Township Board of Trustees previously authorized the hiring of Ms. Jennifer Black for the position of student intern, from September 16, 2002 through December 31, 2002, for up to 20 hours per week at a pay rate of $8.50 per hour, and

WHEREAS, the Pittsfield Charter Township Board of Trustees authorizes an extension of Ms. Jennifer Black as the Phase II EPA/DEQ student intern through March 31, 2003,

NOW, THEREFORE, BE IT RESOLVED, that the Pittsfield Charter Township Board of Trustees authorize the extension of Ms. Jennifer Black as the Phase II EPA/DEQ student intern through March 31, 2003, at a pay rate of $8.50 per hour, for up to 20 hours per week.

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 Motion to Authorize Clerk and Supervisor to Sign Washtenaw County Domestic Violence Grant Funding – Service Contract. (Referred from item 10.1 of December 17, 2002 meeting. Contract was in the packet.)

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to authorize the Clerk and Supervisor to sign the Washtenaw County Domestic Violence Grant Funding service contract (referred from item 10.1 of the December 17, 2002 meeting).

Treasurer Skrobola said that he had asked for this item to be postponed at the last meeting because he wanted to make certain that the township could comply with the insurance requirements. He indicated he had reviewed the requirements, and there would not be any problem for the township

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 Request Approval of Reimbursement of $504.00 for Dispatcher Lois Brassow for classes taken April 27, 2002 that ended May 31, 2002.

Motion by Trustee Marine, supported by Trustee Brostrom, to approve reimbursement of $504.00 for Dispatcher Lois Brassow for classes taken April 27, 2002 that ended May 31, 2002.

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

11.2 Request to Approve Enrollment in Public Personnel Administration (100%) for Lieutenant Raymond Hagen, with classes beginning January 9, 2003 and ending April 27, 2003 at a total cost of $738.00.

Motion by Trustee Marine, supported by Trustee Brostrom, to approve enrollment in Public Personnel Administration (100%) for Lieutenant Raymond Hagen, with classes beginning January 9, 2003 and ending April 27, 2003 at a total cost of $738.00.

MOTION CARRIED.

11.3 Request to Approve Enrollment in PHI 363-Existentialism (100%) for Sergeant Brandon Williams, with class beginning January 18, 2003 and ending March 29, 2003 at a total cost of $675.00.

Motion by Trustee Marine, supported by Trustee Brostrom, to approve enrollment in PHI 363 Existentialism (100%) for Sergeant Brandon Williams, with classes beginning January 18, 2003 and ending March 29, 2003 at a total cost of $675.00.

MOTION CARRIED.

11.4 Request to Approve Reimbursement of $1,350.00 for Sergeant Brandon Williams for classes taken September 21, 2002 that ended December 21, 2002.

Motion by Trustee Marine, supported by Trustee Brostrom, to approve reimbursement of $1,350.00 for Sergeant Brandon Williams for classes taken September 21, 2002 that ended December 21, 2002.

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

11.5 Request to Approve Reimbursement of $1,375.00 for Dispatcher Lois Brassow for classes taken September 3, 2002 that ended December 13, 2002.

Motion by Trustee Marine, supported by Trustee Brostrom, to approve reimbursement of $1,375.00 for Dispatcher Lois Brassow for classes taken September 3, 2002 that ended December 13, 2002.

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

11.6 Request to Approve Reimbursement of $404.70 for Sergeant John Belknap for classes taken September 4, 2002 that ended December 18, 2002.

Motion by Trustee Marine, supported by Clerk Lirones, to approve reimbursement of $404.70 for Sergeant John Belknap for classes taken September 4, 2002 that ended December 18, 2002.

Trustee Burhop said that there was no percentage marked next to “Math” on his reimbursement form. She asked what percentage he would be receiving for that.

Trustee Marine said that it looked like 50%.

Supervisor Walter said he must not have repeated the 50% that he had put on the previous line.

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

11.7 Request to Approve Reimbursement of $738.00 for Lieutenant Raymond Hagen for classes taken September 10, 2002 that ended December 10, 2002.

Motion by Trustee Marine, supported by Trustee Brostrom, to approve reimbursement of $738.00 for Lieutenant Raymond Hagen for classes taken September 10, 2002 that ended December 10, 2002.

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

11.8 Request to Approve Reimbursement of $492.00 for Officer James Wickman for class taken September 10, 2002 that ended December 17, 2002.

Motion by Trustee Marine, supported by Trustee Brostrom, to approve reimbursement of $492.00 for Officer James Wickman for a class taken September 10, 2002 that ended December 17, 2002.

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

11.9 Request to Approve Reimbursement of $162.00 for Dispatcher Jonathan Waddell for class taken September 3, 2002, that ended December 20, 2002.

Motion by Trustee Marine, supported by Trustee Brostrom, to approve reimbursement of $162.00 for Dispatcher Jonathan Waddell for a class taken September 3, 2002, that ended December 20, 2002.

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

11.10 Request to Approve Reimbursement of $81.00 for Dispatcher Charles Bartenslager for class taken September 2002, that ended December 2002.

Motion by Trustee Marine, supported by Trustee Brostrom, to approve reimbursement of $81.00 for Dispatcher Charles Bartenslager for a class taken September 2002, that ended December 2002.

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

11.11 Request to Approve Enrollment in Art Appreciation (50%) for Dispatcher Charles Bartenslager, with class beginning January 6, 2003 and ending April 3, 2002 at a total cost of $202.35.

Motion by Trustee Marine, supported by Trustee Brostrom, to approve enrollment in Art Appreciation (50%) for Dispatcher Charles Bartenslager, with class beginning January 6, 2003 and ending April 3, 2002 at a total cost of $202.35.

MOTION CARRIED.

11.12 Request to Approve Enrollment in Criminal Justice (on the job training – 100%) for Dispatcher Jonathan Waddell with class beginning January 13, 2003 and ending May 5, 2003 at a total cost of $162.00.

Motion by Trustee Marine, supported by Trustee Brostrom, to approve enrollment in Criminal Justice (on the job training – 100%) for Dispatcher Jonathan Waddell with class beginning January 13, 2003 and ending May 5, 2003 at a total cost of $162.00.

MOTION CARRIED.

11.13 Receive Police Department Call Activity Statistical Report for the month of November 2002.

Motion by Trustee Conner, supported by Trustee Marine, to receive the Police Department Call Activity Statistical Report for the month of November 2002.

MOTION CARRIED.

11.14 Receive Resignation for P.O.C. Firefighter Stephen Paul Petoskey, Jr.

Motion by Trustee Conner, supported by Clerk Lirones, to receive resignation from P.O.C. Firefighter Stephen Paul Petoskey, Jr.

MOTION CARRIED.

11.15 Receive Police Department Call Activity Statistical Report for the month of December 2002.

Motion by Trustee Brostrom, supported by Trustee Burhop, to receive the Police Department call activity statistical report for the month of December 2002.

MOTION CARRIED.

11.16 Request to Approve Replacement of Linens, Cookware, and Sofa for Fire Stations from the following vendors: Meijer, Linens and Things, and La-Z-Boy at a total cost of $2,595.00 and charged to account #336-777 – Fire Equipment and Supply.

Motion by Trustee Conner, supported by Trustee Marine, to approve replacement of linens, cookware, and sofa for fire stations from the following vendors: Meijer, Linens and Things, and La-Z-Boy at a total cost of $2,595.00 and charged to account #336-777 – Fire Equipment and Supply.

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

11.17 Receive Fire Department Incident Summary Report for the month of December 2002.

Motion by Clerk Lirones, supported by Trustee Marine, to receive the Fire Department Incident Summary Report for the month of December 2002.

MOTION CARRIED.

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

12.1 Motion to Approve Resolution Recommending Approval of RZ 02-15 – Dombal [First Reading].

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to approve the resolution recommending approval of RZ 02-15 Dombal (first reading). (See attachment #3)

Mark Spencer, Senior Planner, gave a brief introduction of this rezoning, and said that it was consistent with the current Comprehensive Plan.

Supervisor Walter asked if zoning it this way would preclude them from developing it at a lower density on well and septic.

Mr. Spencer said the township ordinance stated that well and septic could only be used if sewer and water were not available. He said that the sewer line is 700 feet away, which could be interpreted as available or non-available. He said that the state standard for availability in this case is 250 feet.

Supervisor Walter said that he found it bizarre that the petitioners seemed to have no clear plan, and to zone it this way would force them to pay for a sewer that will probably be very expensive.

Clerk Lirones said that this had been made very clear to the petitioner and she had been told that she was welcome to leave the parcel zoned Agricultural and build on well and septic, but that she had been adamant that she wanted it rezoned.

Mr. Spencer said that a potential buyer of the property was Mr. Fadil Issa, who has a purchase agreement on the property and is aware of that constraint. He said Mr. Issa is in the process of trying to accumulate several other parcels in along the road there.

Trustee Marine asked if the sewer and water would be paid for and brought over solely by the developer.

Mr. Spencer said that it could be for several properties, and if he could get agreement with those property owners, something could be set up amongst them.

Trustee Marine asked if this owner would be bound to pay for this even if she cannot get agreement from the other property owners along Platt Road.

Mr. Spencer said that the owner did not have to put it in if she just wants one house on that two acre property.

Trustee Marine asked if there was any way that they would be able to have a special assessment district set up.

Clerk Lirones said that the concern might be that if it runs along where the Geddes’ property is, the Geddes family could get drawn into a special assessment district against their will and be forced to pay for a huge stretch of sewer line to service this property.

Treasurer Skrobola said that special assessment districts are usually set up by front footage, and if those people who are within the 700 feet do not want it, they can oppose it. If a majority of those owners do not want it, the special assessment district is not formed.

Trustee Marine said that if Mr. Issa buys a few of the other parcels along Platt Road, he could possibly have the majority of the land.

Mr. Spencer said that there is a possibility that something like that could happen, but it is not likely with 700 feet of sewer line.

Supervisor Walter said that if the petitioner is fully aware of the difficulties and they still want the rezoning, he could see no reason to go against what the Planning Commission had recommended.

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

12.2 Request Approval of Proposed Access Management Amendments to Land Development Standards.

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to adopt the resolution to approve the proposed Access Management Amendments to the Land Development Standards.

Trustee Burhop said that the “s” should be taken off of the word “balances” on the last page of the resolution. She asked if it would be possible to take out the words “being experienced” in the third whereas.

Trustee Burhop asked what road was being referred to in the 4^th whereas.

Clerk Lirones said it should read “roads’”.

WHEREAS, The Charter Township of Pittsfield Planning Commission has a strong interest in planning the future of Pittsfield Township, and

WHEREAS, The Planning Commission has an obligation to provide the current and future citizens of Pittsfield Township with recommended Land Development Standards amendments that balance the needs of its residents and future residents with protecting the natural and built environment, and

WHEREAS, Pittsfield Township has experienced rapid residential, industrial and commercial growth which has greatly contributed to the traffic congestion in the township, and

WHEREAS, Access management techniques can be effective in alleviating some of the current congestion, maximizing the roads’ remaining capacity, provide for increased safety, reduce non-motorized transportation conflict (crossing) points, and improve streetscape appearance, and

WHEREAS, the Pittsfield Township Planning Commission recommends that the Board of Trustees adopt the proposed Access Management Standards revisions for the Land Development Standards,

NOW, THEREFORE BE IT RESOLVED, The Pittsfield Charter Township Board of Trustees hereby adopts the Access Management Standards for the Land Development Standards.

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

12.3 Request Approval of U.S. 12 Access Management Amendment to Comprehensive Plan.

Motion by Clerk Lirones, supported by Trustee Brostrom, to approve the U.S. 12 Access Management Amendment to the Comprehensive Plan.

Mark Spencer, Senior Planner, said that the Planning Commission had already adopted this, it simply needed approval from the Board.

Trustee Brostrom suggested some editorial revisions.

Mr. Spencer said that if it pleased the Board, those comments could be collected and added in with the next update of the Comprehensive Plan.

Supervisor Walter recommended that this item be approved, and any editorial changes be passed on for later incorporation.

MOTION CARRIED.

12.4 Request Approval of ZOA 02-170 Zoning Ordinance Amendments [Second Reading].

Motion by Clerk Lirones, supported by Treasurer Skrobola, to approve ZOA 02-170 Zoning Ordinance Amendments (second reading), as corrected.

Mark Spencer, Senior Planner, said that a letter from the township attorney had been included on the use of the word “value”. He said that the basic opinion was that it is up to the Board to decide that issue.

Trustee Burhop said that page 7, line 6, the word “dependent” was misspelled. On page 8, line 15, after the “20%” there should be a period. She asked what happens to people who do not pay their homeowners’ association dues.

Trustee Conner said that the association puts a lien on their property.

Trustee Burhop said that was not stated anywhere in the ordinance.

Mr. Spencer said there was some language about the master deed being reviewed by the township, and this could also be in the development agreement.

Trustee Burhop asked if it was going to be the township’s responsibility to compel these people to pay their dues.

Trustee Conner said no, but that a lien could sit for years unless it is foreclosed somehow, and it is not until the property changes hands that it is paid.

Mr. Spencer said that the township was looking for a better mechanism to put in the ordinance that will do a better job of this.

Supervisor Walter said that a situation where the homeowners refuse to set up an association, as had occurred in Hickory Hollow, is a much more serious problem.

Mr. Spencer said that stronger language has been reviewed by the township in the covenants and master deeds that basically say that the homeowners have to form an association.

Supervisor Walter asked what would happen if they refused.

Mr. Spencer said he did not know the answer to that, but that developers are supposed to set an association up before they leave.

Supervisor Walter said that this needed further study. He suggested some sort of language that would make it clear that if land fell into default, it may be made into public land.

Mr. Spencer said that the question of taxable value of open space was also still an issue.

Clerk Lirones said that on p.14, item D, the word “and” had been left out.

Trustee Burhop said that on page 19, line 24 should read “attested to by”, and on page 20 and 21 the numerical amounts needed to be spelled out.

Trustee Marine said that the lawyer’s letter did not get to the crux of his question about value from the December 17^th meeting, and he was sorry if this service had been paid for. He asked Mr. Spencer to cite a reason why the statement about the value of adjacent property exists in this ordinance.

Mr. Spencer said that there could be a proposed use of an open space that could devalue the adjacent properties, and this statement would give the Board or Planning Commission more negotiating power to correct that situation.

Trustee Marine asked Mr. Spencer to cite some examples, because the township has been specific in this ordinance about stating things that devalue adjacent properties, and it has been said that these things cannot be allowed. He said that his concern and objection was that somebody could misuse this statement, and it could be used against the township just to stop a particular project, rather than the idea that adding this statement would protect the township by covering something that had not already been covered within this ordinance and the zoning ordinance.

Mr. Spencer said that he thinks it provides a little more discretion. In addition, the Board or Planning Commission is responsible for using a reasonable interpretation of an ordinance, not an arbitrary use of a small phrase or clause in it to attack a particular project. He said that like any ordinance, it could be abused by being interpreted so strictly that nothing could be built, but that is not being reasonable.

Trustee Marine said that his question had nothing to do with the discretion of the Board or the Planning Commission using this; rather it has to do with this ordinance being used against the Board or Planning Commission by homeowners who own property and do not want something that might be reasonable by township standards built next to them, using the statement that this devalues their property.

Mr. Spencer said that a similar argument often presented by homeowners is that traffic is being increased, which poses a hazard, and the ordinance states that you cannot put in something that is hazardous to residents’ health, safety, and welfare. He said that the Board and Planning Commission have always used discretion in making those decisions.

Trustee Marine said he was more concerned with landowners and courts using the township’s own ordinance against the Board of Trustees and Planning Commission, a subject which the attorney had not addressed. He said that these types of statements should be looked at in all of the ordinances. He said that the township should protect itself with reasonable ordinances, not give out unintended ammunition.

Mr. Spencer read a sentence that the attorney had written about this topic, in which he stated that adjacent property owners may challenge the approving authority’s decision, and that the township enjoyed “broad immunity from such claims”.

Trustee Conner said he believed that sentence addressed Trustee Marine’s concerns.

Clerk Lirones commented that two of the fundamental things that the township does is include two general blanket statements, one to protect the general health, safety, and welfare of the residents of the community, and another to protect their property values. She said that it would be foolish not to include this, and it was important to include it, and she didn’t think it would be used against the township in the manner that Trustee Marine was describing. She said that any person who comes in with a claim that their property value is diminished must be able to support that claim, and if they can support that claim, then they have a case.

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

12.5 Motion to Receive Building Department Permit Summary Report for the month of December 2002.

Motions by Trustee Conner, supported by Trustee Brostrom, to receive the Building Department permit summary report for the month of December 2002.

MOTION CARRIED.

12.6 Request Approval of Great Lakes Waste/B.F.I. Rubbish Report and to Pay Bill in the amount of $49,608.00.

Motion by Clerk Lirones, supported by Trustee Burhop, to approve the Great Lakes Waste/B.F.I. Rubbish report and to pay the bill in the amount of $49,608.00.

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

12.7 Decision on Tank and Booster Station Rendering and Options for the Proposed Water System Improvement Project. (Bring work session packet to Board Meeting on Tuesday).

Supervisor Walter recapped briefly the discussion at the work session the night before and described the option that the Board members had preferred.

Motion by Treasurer Skrobola, supported by Trustee Burhop, to approve the design of a domed, 5 million gallon water tank, with the location being as far west in Option #2 as feasible, with the booster station to the south, behind the tank.

Trustee Burhop asked if the dimensions of the booster station were needed in the motion.

Supervisor Walter said no, that at this point only the layout was being approved so that the engineers could get started on their work.

Mary Ellen Wall, Chair of the Parks and Recreation Commission, asked if there would be leeway to move the tank a few feet south or west once the design was approved.

Supervisor Walter said yes, because there are engineering concerns.

Ms. Wall asked if Option #3 had resulted in more engineering concerns by having the tank lower.

Supervisor Walter said yes, that more piping from the main road would have to go in for the lower option and that there may be issues with the water table.

Ms. Wall said that it is most likely the booster station that will go in that lower area.

Supervisor Walter said that it was desirable to have the booster station below the floor of the tank, which would be a significant savings in cost. He said that that the question of proximity to the railroad was also to be decided.

Clerk Lirones said that question will be answered very soon, and that the engineers are already starting on their drawings.

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

13.0 Items from the Parks & Recreation Department

13.1 Request Approval to Hire The Johnson Hill Land Ethics Studio to assist and prepare a Michigan Department of Natural Resources Grant which will allow for two sources of funding, the State Trust Fund and the Federal Land & Water Conservation Fund for a part of the Central Area Rural Preserve (old south Hillsdale College property – 55 acres), not to exceed the amount of $2,750.00 and charged to account #208-816.000.

Motion by Treasurer Skrobola, supported by Trustee Marine, to approve the hire of The Johnson Hill Land Ethics Studio to prepare a Michigan Department of Natural Resources Grant which will allow for two sources of funding, the State Trust Fund and the Federal Land and Water Conservation Fund for a part of the Central Area Rural Preserve (old south Hillsdale College property – 55 acres), not to exceed the amount of $2,750.00 and charged to account #208-816.00.

Mary Ellen Wall, Chair of the Parks Commission, said that Chet Hill had been chosen because he had done the original grant for acquisition in 1998, so there is continuity in having him do this grant as well. She said that there is a time frame to follow and he is already familiar with the land.

Supervisor Walter said that he would like to coordinate Mr. Hill’s work with the Utilities work.

Trustee Marine asked how much money the grants were for.

Ms. Wall said that a dollar amount had not been set on the grant yet, but that previous grants had been from $400,000-$700,000. She said there is a general idea of what is wanted for the Hillsdale property, and from that the consultants will build a price tag. She said that trail development, overlooks for the wetlands, and open space for recreation are currently desired, but that in the future more development may be desired.

Trustee Marine asked if this firm was being hired to decide what kind of development to put in and how to go about doing it.

Ms. Wall said it was already known that the 55 acres would be developed and that it is really the cost that the consultant will determine, which will go to the DNR grant process. She added that this had previously been done in 1998 for the acquisition, but that at that time more active forms of recreation were being looked at.

Supervisor Walter said that Mr. Hill had provided a sketched layout at a time when the township lacked soccer fields and natural features, and that could be updated.

Trustee Brostrom said that he had walked on that property several years ago and to his knowledge there were already trails made by kids on dirt bikes. He asked if those could be utilized.

Ms. Wall said that the Parks Maintenance staff had spent much time over the summer and fall widening some of the trails for the clean-ups. She said that at this point some were fairly wide, and there was evidence of dirt bikes. She added that near the trailer park one of the signs had also been chain-sawed down. She said that people sometimes need to grow into a use of land.

Trustee Brostrom said that kids have been going dirt biking there since the 1970’s. He asked how an activity of that sort could be discouraged.

Ms. Wall said that it is a constant concern for the parks system to keep unwanted activities off the premises, but it is hoped that as the areas get used more and more it will discourage others from being out there on dirt bikes and such. She said that there are also ways to discourage these things, such as putting posts up, like was done at Montibeller Park, to discourage motorcycles.

Supervisor Walter said this was one of the reasons why Mr. Hill had been sought for advice.

Clerk Lirones asked what input the public could have on this. She said that she thought that the trail system proposed by Mr. Hill was great, and that passive recreation is more suitable for this site than active recreation.

Ms. Wall said that those decisions have not yet been made by the Parks and Recreation Commission, but that the idea is to leave the field open and have the water tank placed as far back as possible in order to retain the field’s availability for use. She added that it was likely that Textile Road will be paved in the future.

Clerk Lirones said she thought it will be a long time before that happens, and that there are sites closer to more dense subdivisions that would be more appropriate for active recreation. She said that it would be an intrusion to bring soccer and softball fields onto that site, given the wildlife and the quality of the wetlands in the area.

Ms. Wall agreed that this would be more passive for now, and that the wetlands there are quite spectacular. She said that the large wetland would be closest to the proposed tank, and wondered what kind of impact the tank would have on it.

Supervisor Walter said that was one of the reasons why the tank needs to be as far west as possible, to minimize its impact on the wetland.

Clerk Lirones speculated about trail extension down to Michigan Avenue to connect to future sidewalks.

Ms. Wall said that possibility had been talked about during yesterday’s walk-through, as well as the idea of a connection to a Community Center and Lillie Park.

Trustee Brostrom asked if parking off of Michigan Ave. was an option.

Ms. Wall said she was not familiar with that idea.

Supervisor Walter said that there was a triangle of MDOT land there, and if nothing else there may be an opportunity to lease it.

Trustee Brostrom said it would be advantageous if people could enter trails from either side.

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

14.0 Unfinished Business

15.0 New Business

15.1 Resolution to Commend the Pittsfield Charter Township Wetlands Protection Committee.

Motion by Treasurer Skrobola, supported by Trustee Burhop, to commend the Pittsfield Charter Township Wetlands Protection Committee.

WHEREAS, the members of the Wetlands Protection Committee are individuals who responded to the Township Board’s call for volunteers to serve on an ad hoc citizen’s advisory committees with the charge to produce recommendations for programs, ordinances, and community action; and

WHEREAS, the Wetlands Protection Committee held numerous meetings from May 2001 through July 2002, with members investing over 250 hours in attending outside seminars, conducting research, preparing briefings, drafts, and memos, and taking photographs of township wetlands; and

WHEREAS, the Wetlands Protection Committee has contributed extraordinary service to the community and to the Board of Trustees, producing a Wetlands Protection Ordinance, a request for Proposals for the Wetlands inventory map, and draft language for revisions to the Zoning Ordinance and Land Development Standards;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees thanks and commends the members of the committee for their service, and awards the following individuals a Certificate of Meritorious Citizenship:

The Wetlands Protection Committee Members:

John Bowden
Diedre Conner
Piet DeDreu
Michael Endres
Dave Paterson
David Shepps
Amy Smola
Wilson Tuttle
Anita Zot

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

David Shepps, Chair of the Wetlands Protection Committee, said that it had been an honor to work as Chairperson of the committee. He introduced the other members of the committee, and Deputy Clerk Jan BenDor, as the facilitator. He said that Pittsfield Township is a great place to live and work, and that the township is very fortunate to have wetlands and the support to preserve them in their natural state. He said that wetlands are important, providing habitats for animals, food sources, natural water filtration systems, control of storm water runoff, and important generally for the citizens of the township, as an important place to interact with nature. He said that the importance of wetlands preservation is felt by many citizens, as demonstrated by the amount of community support witnessed. He said that the committee had invested over 250 hours into creating an ordinance by compiling the best parts of ordinances throughout the state. He said that it is a very strong document, and is strengthened more by the map. He requested, on the committee’s behalf, that the Wetlands Protection Ordinance be adopted by the township Board in order to maintain Pittsfield as a great place to live for future generations.

Supervisor Walter presented each member of the Wetlands Protection Committee with a certificate of meritorious citizenship.

Amy Smola, resident of 264 Tamarack and member of the Wetlands Protection Committee, said that for the past year and a half the wetlands protection committee had worked very hard to create an ordinance that will protect the wetlands of the township. She thanked the Board for encouraging the creation of this ordinance, and said that she hoped it would serve the township well in the protection of the wetland areas. She went on to say that in 1994 the State of Michigan had revised the State Wetlands Protection Statute and included some very restrictive language that pre-empts local jurisdictions in significant ways. She said that the apparent purpose of the reform was to bring order to the chaos of local regulations at the time, but the effect also forced local governments to create narrow ordinances weakened by State-created loopholes that could not be integrated logically with other natural features protection goals. As a result, the Pittsfield Wetlands Protection Committee was unable to include some important draft language in the final ordinance, based on the advice of Mr. Davis, the attorney who worked to make the ordinance as defensible as possible. She said that some items that the committee had referred for inclusion in the zoning ordinance, the new natural features ordinance, the new surface water quality ordinance, and the implementation of the new PDR ordinance, were as follows:

1. Protective buffers and setbacks: require a 25 foot protective buffer zone around the delineated boundaries of a wetland and around the banks of the watercourse. Prohibit mowing, herbicides, pesticides, or fertilizers, within this zone. Create incentives for use of native plants in buffer vegetation. For watercourses building, grating, or other construction, activity should be set back at least 100 feet from the delineated edge. With township approval, activities consistent with the riparian area, such as a vegetative detention system, may be incorporated into the outer 75 feet of this zone.

2. Further protect water quality in a wetland or watercourse by prohibiting the application or dumping of toxic substances into them, including pesticides, herbicides, fertilizers, salt, motor oil, garbage, debris, discarded leaf matter, trash, etc. Prohibit construction of any means of storm water redirection or conveyance into the protected area. Prohibit the construction of any temporary or permanent structure, except as part of an approved restoration project. Prohibit the mowing, cutting, or removal of any vegetation or trees, except as part of an approved ecological restoration project. Prohibit draining or removing water and destroying non-game wildlife within the protected area.

3. Further protect wetlands from destruction from developers making false claims to engaging in agriculture, exploiting the loophole of the vague definitions of agriculture under the current state statute. Work with the local USDA conservation service to develop a map of the current bona fide farming operations and a database of operators in the township. Use the township’s PDR ordinance and program to invite farmers to register their operations for stewardship incentives. Make wetlands conservation a condition of township support for nomination and award of monies under the purchase of development rights program.

Ms. Smola thanked the Board.

Supervisor Walter said that a great debt was owed to this hard working group of people. He said that it very much in the spirit of Pittsfield that there are so many citizens who care about the community and are willing to put their own time and effort into it. He said that they are much appreciated.

15.2 Ordinance #255 – An Ordinance to Enact the New Ordinance to Provide for the Protection of Wetlands Located Within the Township.

Motion by Trustee Conner, supported by Clerk Lirones, to approve first reading of Ordinance #255, an ordinance to enact a new ordinance to provide for the protection of wetlands located within the township.

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

Trustee Marine pointed out a typo on page 51 that listed Superior Township instead of Pittsfield. He added that on page 32, in the mitigation section, there was a line that stated that there will be mitigation unless ‘no reasonable opportunity for mitigation exists’. He asked if there could ever be a case in which someone would be permitted to destroy part of a wetland without having any possible means for mitigation.

Supervisor Walter said that he knew of none because of the option for off-site mitigation.

Don Tilton, of Tilton and Associates, said that there are almost no cases in which nothing could be done to replace on either an acre per acre basis, or even on a functional basis. He said that there are now programs in some communities in which they will even accept money from the developer so that they can implement some sort of mitigation measure themselves.

Trustee Marine asked if there was some other mechanism how this might apply.

Clerk Lirones suggested leaving that statement in lest some unforeseen situation should arise. She said that it would have to be proved that no reasonable opportunity for mitigation exists, which is virtually impossible, but that’s not to say that it may come up in the future. She said it would be reasonable to leave in for legal purposes.

Supervisor Walter said it was difficult to imagine any situation where this might apply.

Trustee Conner said that this section had been strong in the beginning and, as a matter of negotiating with the attorney, it had been changed.

Trustee Marine said it was reasonable if it was solely for legal purposes. He said that on page 10, it speaks of activities not requiring a permit – including the grazing of farm animals. He asked why animals would be grazing in wetlands.

Clerk Lirones said that agricultural activities in general had been excluded from the wetlands ordinance and this was simply an example of this. She said that wetlands are frequently dry throughout a large portion of the year, so it may not be uncommon to use them as pasture lands.

Trustee Marine asked if it would cause a problem to have animals grazing on a designated wetland.

Clerk Lirones said it should not. She said that in many cases they are already habitat for animals.

Dave Paterson said that the State requires that specific agricultural usage be exempted, and that he did not believe that there was much grazing of animals in the township in any case. He said that even if that statement was not put in it the ordinance, this would still be exempt.

David Shepps assembled the Wetlands Protection Committee with the Board of Trustees for a photo.

15.3 Resolution Authorizing Notice of Intent and Declaring Intent to Reimburse for Expenditures.

Motion by Treasurer Skrobola, supported by Trustee Burhop, to approve a resolution authorizing notice of intent and declaring intent to reimburse for expenditures. (See attachment #4)

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

15.4 Request to Designate Miller, Canfield, Paddock and Stone, P.L.C., as Bond Counsel for the 2003 Water System Improvements.

Motion by Treasurer Skrobola, supported by Trustee Burhop to designate Miller, Canfield, Paddock and Stone, P.L.C. as bond counsel for the 2003 Water System Improvement Bonds, with the associated costs.

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

15.5 Resolution Authorizing the Creation of a Utilities Foreman Position to Replace the Utilities Superintendent Position.

Motion by Treasurer Skrobola, supported by Trustee Brostrom, to authorize the creation of a Utilities Foreman position to replace the Utilities Superintendent position.

WHEREAS, the Pittsfield Charter Township Board of Trustees would like to authorize the creation of a non-union position of Utilities Foreman to replace the position of Utilities Superintendent, and

WHEREAS, a job description for the position of Utilities Foreman has been created and the position will be placed at grade 6 of the administrative non-union salary scale,

NOW, THEREFORE, BE IT RESOLVED, that the Pittsfield Charter Township Board of Trustees authorize the creation of a non-union position entitled Utilities Foreman, which will be placed at grade 6 of the administrative non-union salary scale to replace the position of Utilities Superintendent.

BE IT FURTHER RESOLVED THAT, the position of Utilities Superintendent is hereby abolished.

Supervisor Walter explained that the idea of a Utilities Foreman position has been around for quite a while. He said that instead of a Superintendent they really need a foreman who can focus on the operations, as opposed to doing budgets and administrative work He said that a new position is not being created, rather the Superintendent position is being replaced by a Foreman position. He said that they are roughly at a similar level, but that the focus is operational for the Foreman, as opposed to administrative. He said that the foreman will be like the crew chief, and the second level management in terms of operations. He will not be making reports, keeping track of people’s time, etc. That will be the focus of the Utilities Director.

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

Supervisor Walter took a few moments to update the Board on a situation on the Saline Schools site. He said there had been a meeting today with Interim Utilities Director Phil Maly and Field Technician Joe Gannon today and there has been a serious problem with the relocated sewer line at the Saline Schools site. He said that the original sewer line serves most of the west side of the township, and reminded the Board members that Saline Schools had not consulted with the township before going ahead with their architectural designs for their high school and elementary school. He said they maintained that it would have been a very big deal for them to change those, so they had gone ahead and built the high school right over the easement where this major sewer line ran. He said that there had been extensive meetings with them and they had been asked to move the school, which they thought was impossible. Finally the township had agreed to let them move the sewer line. Unfortunately, the sewer line had been moved and now there has been a massive failure. He said that the ground under the line had settled and caused large break. He said that huge amounts of dirt had gotten into the line, and about 6 yards of dirt had already been removed. He said that there may be a public dispute in the future, but that so far everyone was cooperating to fix it. He noted that the preliminary thought on the part of the Utilities staff is that when the school’s contractor de-watered, an inappropriate filter had been used on the de-watering pumps, and had guessed incorrectly as to the nature of the sand that was under there, which may have undermined the sewer and caused the line to break. He said that the break was discovered when the contractors at the high school noticed there was a sinkhole, so they started dumping dirt into it. Finally the underground contractor had been notified and he immediately told them to stop throwing dirt into the sewer. He said that the line is 35 feet down in the ground and someone will have to physically go down there to fix it. He said it will be difficult to reinforce the ditch with the other construction going on. He added that this could be a serious problem and is being monitored 24 hours a day because if the line fails the whole West Side could be without sewer service. He said this was a situation that could have easily been avoided if the schools had consulted township before designing the high school directly over the existing sewer line.

Clerk Lirones said that the schools have supreme authority, and the township can’t control them.

Supervisor Walter said that is unfortunate, and also a political question that needs to be addressed legislatively. He said this was a perfect example as to why everyone who develops in the township should follow the township’s rules to make sure that things are done correctly. He said it was a sad situation because the township values Saline Schools and does not want to see the taxpayers unduly burdened, but that the number one priority right now is to make sure that the west side of the township has sewer service.

Trustee Conner asked if YCUA had been consulted for the repair.

Supervisor Walter said no, that the township is perfectly capable of analyzing and dealing with the situation. He said there may be collateral damage down the line if the pumps are ruined by the large amount of dirt that got into the line. He said there is a stand-by pump in case the pump fails, and a last resort plan to pump the sewage into a detention pond. He said that there had been a lot of political beating-up of the township for not cooperating with the Saline Schools, and this is exactly the sort of situation that the township was trying to avoid. He said this mistake will not happen again with another school.

16.0 Public Comment II

Trustee Conner said that Director Phillips is arranging a prison visit and asked that the Board members try to coordinate their schedules to go.

Trustee Brostrom and Treasurer Skrobola agreed that Wednesday, February 12 was an ideal date.

17.0 Adjournment - by Supervisor Walter at 9:30 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 JANUARY 28, 2003.