Watertown Charter Township

Minutes of Board of Trustees Regular Meeting

August 20, 2007

Call to order: The meeting was called to order at 7:00 P.M. with the Pledge of Allegiance.

Board Members Present: Supervisor Adams, Clerk Husby, Treasurer Thelen, Trustees Maahs, Mitchell, Weitzel, and Zay. Staff present: Tubbs, Polverento

Public Comment:

Rex Waltersdorf presented the report for the Looking Glass Regional Fire Authority. There were 33 requests for service with 18 EMS, 14 fire calls with 6 structural fires that were mutual aid, 1 vehicle fire, 1 brush fire, and 6 miscellaneous calls. Calls are up by 20% from 2006. YTD Watertown Charter Township has 62% of the calls and Eagle Township has 38% of the calls. The emergency light is operational and adjustments are being made to the timing.

Steve Jenks, Wacousta Road, suggested that the speed limit needs to be enforced on Wacousta Road, adding speed bumps could help.

Sgt. Knight responded that he will try to get some enforcement and move the speed indicator over here. They had good results with compliance checks of establishments selling alcohol. They received a grant for seat belt enforcement, speed enforcement, and driving while intoxicated. They found a camera at the corner of Forest Hill and Clark Roads and are trying to locate the owner.

Consent Agenda: Husby has handed out the minutes from the Looking Glass Regional Fire Authority meeting of August 15, 2007. The proposed budget found under Board Reports #5 needs to be moved to new business. The board received a letter of resignation from Chief Fabiano effective September 9, 2007. A committee was set up to hire a new chief. Clinton County Community Alliance has received support from the County and DeWitt Township. They will be visiting all of the townships for support and they have advertised for a CEO. The SCCMUA agenda was handed out. Motion by Thelen and seconded by Husby to approve the consent agenda as amended. Motion carried

Agenda Approval: Adams noted the addition of the Looking Glass Regional Fire Authority proposed budget as item #16 and the Township manager’s report which will be #17. An additional list of special assessments from the treasurer is to be included under new business item 7 and an additional bill list for approval.

Motion by Thelen and seconded by Weitzel to approve the Board of Trustees agenda as amended. Motion carried

Approval of Minutes:

Regular meeting, July 16, 2007- Motion by Weitzel and seconded by Thelen to approve the minutes of the Board of Trustees regular meeting dated July 16, 2007 as presented. Motion carried

Special meeting, August 13, 2007- Motion by Thelen and seconded by Maahs to approve the Watertown Charter Township Board of Trustees special meeting minutes dated August 13, 2007 as presented. Motion carried

Approval of bills: Motion by Thelen and seconded by Zay to approve the bill lists as presented. Motion carried

New business:

1. Appointments.

Motion by Weitzel and seconded by Mitchell that Larry Barr be appointed to the Zoning Board of Appeals for a term expiring on June 9, 2010. Motion carried

Motion by Weitzel and seconded by Mitchell that Larry Barr be appointed to the Environmental Affairs Committee for a term expiring on December 31, 2009. Motion carried

Motion by Thelen and seconded by Maahs to appoint Troy Font to the Parks and Recreation Committee for a term to expire December 31, 2009. Motion carried

2. Case #06-0108 PPLT, Lakeside Preserve, LLC. Polverento explained that the plat had been approved previously, but the DEQ approval had not been received. The approval was not valid. The effective date becomes the new approval date. Motion by Weitzel and seconded by Maahs to rescind the preliminary plat approval for Lakeside Preserve, Case #06-0108 PPLT, at the northwest corner of Airport Road and Herbison Roads granted on December 18, 2006 as the approval was premature and in conflict with the Land Division Act. Motion Carried

Motion by Weitzel and seconded by Maahs that the Board of Trustees concurs with the recommendation of the Planning Commission that the Township Board approves Case #06- 108 PPLT for Lakeside Preserve LLC at the northwest corner of Airport and Herbison Roads granting an amendment to the preliminary plat for the Lakeside Preserve development provided that conformance to conditions 1-12, as noted below, is achieved to the satisfaction of the Township zoning administrator as being in accordance with the requirements of the Watertown Charter Township Zoning Ordinance. This recommendation is effective August 20, 2007. Motion carried

Conditions:

1. The Amended Preliminary Plat revised on September 11, 2006 by Fred White Engineering Company, Inc. (depicting a total number of units of 358) shall serve as the Overall Preliminary Plat. Any changes to the Overall Preliminary Plat shall be subject to the re-review and approval of the Planning Commission and Township Board.

2. The applicant must comply with requirements of the Clinton County Drain Commissioner and written approval shall be submitted.

3. A Final Grading Plan shall be submitted subject to the review and approval of the Clinton County Drain Commissioner and the Township.

4. The applicant must comply with requirements of the Clinton County Road Commission and written approval shall be submitted.

5. The applicant must comply with requirements of the Township Engineer to the satisfaction of the Township zoning administrator.

6. Public utilities (sewer & water) must be planned and approved by the Township engineer and the Southern Clinton County Municipal Utilities Authority.

7. The applicant must comply with requirements of the Lansing Board of Water & Light and written approval shall be submitted.

8. The applicant shall comply with the applicable requirements of the State of Michigan Building Codes to the satisfaction of the Township building inspector, Municipal Inspection Services, Inc.

9. Landmark trees (living trees equal to or greater than 36 inches in diameter) shall be replaced with an equivalent type of tree having a diameter of not less than four inches. The replacement ratio shall be four (4) replacement trees for every landmark tree removed. Replaced trees shall be kept in a living condition or replaced. The Planning Commission or zoning administrator shall approve the location(s) of replacement trees.

10. Street lights shall be required to be installed throughout Phase II of the Site Condominium Subdivision. The Township Board shall approve the design and style of the street lights per Section 5.4.11 of the Watertown Charter Township Subdivision Control Ordinance, which shall conform to the requirements of the public utility (Consumers Energy) providing the lighting.

11. The applicant must submit a copy of the recorded Master Deed and Declaration of Restrictions for Phase XIII (or Phase XIV) as required under Section 19.4.NN (item 4.b.11.e) of the Watertown Charter Township Zoning Ordinance.

12. The applicant must comply with all applicable State, Federal, and Township laws.

3. Design & Build, Inc.-Oade, Stroud & Kleiman. Ted Stroud addressed the Board of Trustees to request assurance that Design & Build Inc. has the right to proceed according to

the site plan approval received December 7, 2005 from the Planning Commission. The Planning Commission agreed that there was no public sewer available and one of the conditions was the requirement that they connect when it is available. They are concerned about the zoning ordinance amendment recently approved. The Planning Commission agreed that Design & Build Inc. had been "grandfathered in" (vested rights) and not subject to the zoning amendment. He provided detailed information to Mr. Yeadon concerning the position of Design & Build Inc. Mr. Stroud wrote a letter to the Township requesting assurance that they are not subject to the zoning amendment. They are waiting for confirmation of that position and to receive assurance. Tubbs is working with the Township Attorney. Stroud explained that they need to receive confirmation of their position in order to proceed. Adams requested that this item be on the agenda for the September 17th regular Board meeting.

4. Capital Area Humane Society-request for fee reduction. Michelle Reynaert addressed the Board on behalf of the CAHS. The well is contaminated and they need to have a water supply that is free of contamination of the health of the staff and the animals. They are requesting the connection fee of $2200 be reduced. They are also requesting a reduction of fees from the Board of Water and Light. They are a non-profit group, supported primarily by private contributions. Drilling a new well has been considered but it could also be contaminated. They are connected to the public sewer. Motion by Maahs and seconded by Zay that Watertown Charter Township reduces the water connection fee to the Capital Area Humane Society to $220.00 in compliance with Section 6 of the Water Ordinance.

Yes: Zay, Husby, Mitchell, Adams, Maahs, Weitzel. No: Thelen. Motion carried

Request for establishment of fee for temporary structure. Polverento explained that the Zoning Ordinance allows the Board of Trustees to set a permit fee for temporary structures. The fee for a zoning permit is $65.00. Temporary structures are permitted for twelve months. If a temporary structure permit is requested, she would also like to have an agreement concerning the removal of the temporary structure signed. Motion by Adams and seconded by Maahs that the Board of Trustees establishes a fee of $65.00 for a temporary structure permit with a fee of $65.00 for any extensions granted by the zoning administrator effective immediately. Motion carried

6. Probationary status-Planning Director. Motion by Weitzel and seconded by Maahs that in compliance with Board Policy 1.1 Hiring Procedure, move to end the probationary status of Planning director, Andrea Polverento, as recommended by the Township Planning Commission. Motion carried

7. 2007 Special Assessment Installments. Treas. Motion by Weitzel and seconded by Maahs that the 2007 Special Assessment Installments presented by the treasurer dated August 1, 2007 and the Special Assessment Installments dated August 17, 2007 be approved. Motion carried

8. Internet Service Hits, Annual Report. Treasurer Thelen explained she would like to have tax and assessing information updated more often, monthly at the very least. She will get more current information about the actual costs and put it in the budget.

9. Hardship exemption-Poverty Guidelines. Motion by Weitzel and seconded by Thelen that the hardship exemption poverty guidelines be referred to the supervisor’s office. Motion carried

10. Emergency Services Schedule of Fees. Adams presented a revised schedule of fees for emergency services. Motion by Weitzel and seconded by Thelen that the Township Board adopts the modifications to the Emergency Services Schedule of Fees as recommended by the Emergency Services Review Committee dated August 20, 2007. Motion carried

11. Parks and Recreation. Treasurer Thelen explained that the Parks and Recreation Committee met and even though there was not a quorum, they have the following recommendations. The first is to improve the ball field just behind the Township Hall. Motion by Thelen and seconded by Weitzel to approve the purchase of approximately 50 tons of crusher dust at a cost of approximately $1,075.00, not including delivery fees, with expense charged to account #101.751.000.776.000 (parks and recreation supplies-maintenance & repair). Thelen withdrew the motion and Weitzel withdrew his second.

Motion by Thelen and seconded by Weitzel to approve the purchase of crusher dust including delivery fees not to exceed $1200.00 charged to account #101.751.000.776.000 (parks and recreation supplies-maintenance & repair). Motion carried

Thelen explained that reservations for rental of township facilities are currently only taken in the calendar year. They propose that reservations be taken up to twelve months in advance of an event. Husby mentioned that the Facilities Ordinance would need to be amended. Motion by Weitzel and seconded by Thelen to refer the amendment to the Ordinance Review Committee. Motion carried

12. Handicap accessible doors for the township hall and gym. Tubbs presented bids for making the doors handicap accessible. It is not a budgeted item and is not mandatory for accessibility. Motion by Thelen and seconded by Adams to approve the estimate and agreement with Automatic Door Service Inc. for the installation of six door operators in an amount not to exceed $8,550.00. Motion carried

Motion by Thelen and seconded by Mitchell for a project contingency for the installation of handicap accessible doors in an amount not to exceed $2550.00 for anticipated electrical work. Motion carried

Lighting is needed for the portico and gym back door and recycling area. The Township manager will look into it.

13. Township hall sign. Motion by Weitzel and seconded by Thelen to recommend that the Board approve the bid from Stamprite for a black on gold township hall sign not to exceed $1265.00 out of account no. 265-931.001.

Yes: Maahs, Adams, Zay, Thelen, Weitzel, Mitchell. No: Husby. Motion carried

14. Park Pavilion. Motion by Mitchell and seconded by Weitzel to approve the estimate from Gary L. Black Builder for the installation of a steel roof for the pavilion in Heritage Park in an amount not to exceed $8,777.00 using funds from reserve account # 393.016. Motion carried

15. Copier. Motion by Husby and seconded by Mitchell to postpone this item to get two more quotes. Yes: Mitchell, Adams, Weitzel, Husby, Zay. No: Thelen, Maahs. Motion carried

Treasurer Thelen would like the copier quote to include folding and stuffing functions.

16. Looking Glass Regional Fire Authority Budget. Husby explained that the Authority Board accepted the proposed budget at their meeting on August 15, 2007 to forward to the townships. There is an overall increase of approximately 3%. Motion by Thelen and seconded by Husby to approve the Looking Glass Regional Fire Authority 2008 proposed budget as presented. Motion carried

17. Township manager’s monthly staff report. Husby explained that the budget has to be to the Board 120 days before the end of the year. That means that it should be presented at the first of September. It has to be adopted by December 15, 2007.

She asked what the next step would be and when on the request for paving Eaton Hwy.

Tubbs will be circulating the assessment formula to the Eaton Hwy residents. It is based on frontage and will schedule another meeting by mid to late September.

Husby asked about SCCMUA budget, specifically IPP charges. Tubbs explained that there has been too much collected and the Township should be getting a refund.

Pending Business:

1. Codification of Ordinances-Ordinance No. 28. Husby explained that Ordinance No.

28 is an ordinance to adopt the Code of Ordinances. It becomes a part of the Code. Motion by Thelen and seconded by Mitchell to adopt Ordinance No. 28 with an effective date of September 17th. Motion carried

2. Resolution No. 08-202007-2-Credit/Debit Card Resolution. Motion by Thelen and seconded by Maahs to waive the reading of resolution No. 08-202007-2. Motion carried

Motion by Thelen and seconded by Weitzel to adopt resolution no. 08-202007-2, as

amended, authorizing the treasurer to negotiate an agreement for a third party provider for

processing of credit/debit card transactions.

Yes: Weitzel, Adams, Mitchell, Thelen, Husby, Zay, Maahs. No: none.

Motion carried and resolution adopted

3. Sheriff’s Enforcement of Local Ordinances. Tubbs provided a memo from the township

attorney concerning enforcement of local ordinances. The sheriff’s department is no longer

allowed to enforce township ordinances without an agreement with the Township.

The attorney has advised against legal action concerning the barking dog complaint. Adams

suggested that if they want enforcement of the ordinances, the Township needs to contract

with the sheriff’s department. Mitchell thinks that there needs to be enforcement in order to

keep peace in the Township. We need to know how much it would cost for an agreement.

Maahs feels that it is our responsibility to try to alleviate the barking dog situation.

4. Survey. Tubbs received it today and hasn’t had a chance to read it to see all of the changes have been incorporated into the document. She will get it to Board members as soon as possible.

Discussion and Public Comment: Husby announced that the Habitat for Humanity board will be drafting a letter of intent to purchase the Herbison Road property. Thelen informed the Board about the loss of Tony Noyola, the husband of Nancy Noyola, who is on the Parks and Recreation Committee.

Maahs reported that the committee for recognition of a model citizen is making progress.

Adjournment- The meeting was adjourned at 10:28 P.M.

 

Date approved: ________________ _____________________________

Deb Adams, Supervisor

______________________________

Jean Husby, Clerk