MINUTES 199 CHARTER TOWNSHIP OF BRIGHTON JULY 20, BUNO ROAD 7:00 P.M. BRIGHTON, MI (810)

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1 MINUTES 199 CHARTER TOWNSHIP OF BRIGHTON JULY 20, 2015 BOARD OF TRUSTEES REGULAR MEETI1~G 4363 BUNO ROAD 7:00 P.M. BRIGHTON, MI (810) Supervisor T. Murphy called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. Present. T. Murphy, Supervisor; A. Bollin, Clerk; D. Hawk, Treasurer; C. Doughty, Trustee; P. Michel, Trustee; M. Slaton, Trustee; L. Weaire, Trustee Absent: None. CALL TO THE PUBLIC Mike Childs, 1731 Clark Lake President of Clark Lake Homeowners Association; requesting minimum per parcel SAD amount be repealed; expressed concerns over getting signatures because the amount is too high. Thanked Assistant to the Manager for communication and helpfulness. Charles Wilson, 1738 Clark Lake Echoed Mike Childs comments; supports longer SAD term than five years; and lake front owners should pay more than non-lake front owners. Karen Wilson, 1738 Clark Lake Clark Lake needs Township s help to administer SAD for maintenance and collect monies. Don Reef, 1628 Clark Lake Provided background on previous SAD s; desires timeframe be extended from 5 years to 15 years; lake front owners should pay more than non-lake front owners. Susan Abahazy, 1539 Clark Lake Requesting reconsideration of minimum per parcel SAD amount, Homeowners Association is not deeded or required; need to upkeep lake. Jim Sama, 8266 Woodland Shore Drive Township sewer system is over-sized, Township needs to pay underused portion, not the residents; referenced easements. Rob Dietze, 1504 Clark Lake Supports a repeal of minimum per parcel SAD amount; Clark Lake Homeowners need to establish a long term plan for lake maintenance and quality control. Bruce Kelly, 1722 Clark Lake Provided background on previous SAD s success; request BTBT reconsider the $250 minimum amount. Leo Marcy, 1704 Clark Lake Supports all previous Clark Lake comments. Peter Shurtleff, 9350 Sweet Briar Lane Does not object to Sandila Estates development, objects to any negative impact on Hunters Ridge subdivision; thanked developer for finding a win/win. Mike & Elisa Bidus, 9360 Old Plank Lane Support the new Sandila development. Trevor Blohm, 1774 Clark Lake Supports Clark Lake SAD, requested reconsideration of the minimum per parcel SAD amount. AGENDA A. Bollin moved and P. Michel seconded to approve the consent agenda conditioned upon receiving clarification and back-up information for payments to SELCRA, Harris & Literski, Sewer 0 & M, and variant back-up on Performance and Compliance Bond refunds and upon removal of Check No in the amount of $2, at the request of the Accountant. Page 1 ofx(9 ~\L) s Charter Township ofbrighton Board of Trustees

2 200 PUBLIC HEARING AND ADOPTION OF RESOLUTION ESTABLISHING THE DISTRICT / PREPARATION OF ASSESSMENT ROLL Tracey Lane Road Maintenance SAD # S-I B. Mersman, Assistant to the Manager, provided background information on the SAD process including posting and purpose of hearing and noted the SAD is on file with the Clerk and available for viewing. He also noted that the resolution included in the packet had the wrong parcel numbers but confirmed that the correct parcel id numbers were included in the posting and publication of all meeting notices. Public Hearing opened at 7:26 P.M. Troy Biddux, dated July 20, 2015 Stated his agreement to the proposed special assessment is contingent upon the road maintenance project also eliminating deferred maintenance for the northern section of Tracey Lane and requested opportunity to review scope of work. (Complete on file in Clerk s office and in SAD file). William and Barbara Kraus, Letter dated July 16, 2015 (Complete letter on file in Clerk s office and in SAD file). Objects to being included in the district. Dan Harbison, 414 Tracey Lane Requests consecutive parcels be treated as one parcel and charged as one parcel; cul-de-sac is in need of repair. Supports SAD; single owners with multiple properties should be charged for one address. Robin Maynard, 556 Tracey Lane Liaison for the proposed SAD and stated the intent is to have contiguous parcels treated as one; property owners on north end of cul-de-sac do not contribute to funds and do not care about road; condition of cul-de-sac needs to be addressed as soon as funds are collected. Public Hearing closed at 7:34 P.M. Discussion continued on SAD policies, SAD language, which parcels are being assessed at zero, how new ownership of a single parcel that is now part of multiple parcels under a single ownership with only one assessment going to be managed/tracked to ensure correct assessment if sold off in parts; no SAD since 2012; parcels that contain a home will be assessed on the tax roll. Township Attorney Harris helped to clarif~, the parcels being assessed and the sale of parcels; Township is responsible for administering the SAD. P. Michel moved and D. Hawk seconded to adopt Resolution No as revised, approving the Tracey Lane Road Maintenance Special Assessment District, SAD # S-I , directing the preparation of the special assessment roll and setting the date as August 17, 2015 for the hearing on the assessment roll. PUBLIC HEARING AND ADOPTION OF RESOLUTION ESTABLISHING THE DISTRICT / PREPARATION OF ASSESSMENT ROLL Birchcrest Drive Road Maintenance SAD # S-I B. Mersman, Assistant to the Manager, provided background information on SAD process, posting requirements and follow-up. Public Hearing opened at 7:50 P.M. No comments were heard. No written comments received. Public Hearing closed at 7:50 P.M. Page2of)~+4 Charter Townshz~ ofbrighton BTBT

3 B. Mersman confirmed that the proposed SAD meets the Township SAD parameters. L. Weaire moved and C. Doughty seconded to adopt Resolution No approving the Birchcrest Drive Road Maintenance Special Assessment District, SAD # S-I , directing the preparation of the special assessment roll and setting the date as August 17, 2015 for the hearing on the assessment roll. Ayes: P. Michel, A. Bollin, D. Hawk, M. Slaton, C. Doughty, L. Weaire 201 PUBLIC HEARiNG AND ADOPTION OF RESOLUTION ESTABLISHING THE DISTRICT / PREPARATION OF ASSESSMENT ROLL Parklawn Drive Road Maintenance SAD # S-I B. Mersman, Assistant to the Manager, provided background information on SAD process including posting. Public Hearing opened at 7:53 P.M. No comments were heard. No written comments received. Public Hearing closed at 7:53 P.M. C. Doughty moved and L. Weaire seconded to adopt Resolution No approving the Parkiawn Drive Road Maintenance Special Assessment District, SAD # S-I , directing the preparation of the special assessment roll and setting the date as August 17, 2015 for the hearing on the assessment roll. APPOINTMENTS TO PLANNING COMMISSION AND ZONING BOARD OF APPEALS A. Bollin moved and C. Doughty seconded to accept recommendation of the Supervisor and appoint Jeff Stinedurf to the Planning Commission with the term expiring December 31, 2017 and Jack Cogley to the ZBA with the term expiring December 31, 2017 effective upon taking the oath. PRELIMINARY CONDOMINIUM SITE PLAN REVIEW - Sandila Estates Condominiums K. Mathews, Township Planner, introduced the Sandila Estates Condominium Site Plan including changes from previous Site Plan seen by the BTBT. Discussion included the Master Deed and verification that it contains a future SAD participation clause, clean out of sedimentation ponds per Drain Commission parameters, unified trash hauler; clarification on private v. County roads; two (2) new access roads; and wetlands. Marshall Blau, Progressive Properties, was present and answered questions. He provided clarification that woodchip trail was for foot traffic only, signage requirements, will add edging for the woodchip trail, road width, and Master Deed included items as discussed. Discussion included that the Fire Department reviews things to the fire code, not individual municipal ordinances. OHM, Township Engineering Consultant, Jacob Rushlow confirmed that they accepted the plan as presented. P. Michel moved and C. Doughty seconded to accept the recommendation of the Planning Commission and approve the Preliminary Condominium Site Plan for Sandila Estates. Ayes: P. Michel, A. Bollin, D. Hawk, M. Slaton, C. Doughty, L. Weaire, T. Murphy PRELIMINARY SITE PLAN REVIEW AND FINAL PUD AGREEMENT - Scenic Pointe Residential Living Community K. Mathews, Township Planner, provided background on the Scenic Pointe PUB including expired site plan and description of outstanding work. Mike VanBuren, Developer, and Clint Richmond, R&B Page 3of>~~ Minutes July20, 2015

4 202 A. Bollin moved and D. Hawk seconded to accept the recommendation of the Planning Commission and approve the Preliminary Site Plan for Scenic Pointe, approving fourteen (14) units in seven (7) two-family dwelling units on 3.04 acre parcel of land located along Scenic Bluff. ADOPTION OF RESOLUTION Accepting Petitions and Scheduling Public Hearing to Establish a Special Assessment District for Ben Hur Farms Road Maintenance SAD B. Mersman, Assistant to the Manager, summarized the proposed SAD which would include Ben Hur Drive and Club Drive and explained informal petitions were turned in after the June 1, 2015 deadline. Petition was not done on Township approved petition form and this was considered a minor technicality. Road is home to handicapped individuals and senior citizens and L.E.T.S. (Livingston Educational Transportation System the public transportation system), bus refuses to use this road to access these homes. Ben Hur has never had an SAD but the repairs are considered to be of an emergency nature. Discussion included that no monies can be spent until they are collected; confirmation that the residents are aware of this requirement; how lots will be assessed if multiple lots are under a single ownership; concerns over signature requirements and based on frontage but assessed collectively if under a single ownership. Staff and legal counsel were directed to do follow up on signatures and residents owning multiple lots and the assessments. P. Michel moved and C. Doughty seconded to adopt Resolution No as presented accepting petitions due to special circumstances beyond the residents control and scheduling a public hearing to create a Road Maintenance Special Assessment District for Ben Hur Farms, SAD # S-I AUTHORIZATION TO PURCHASE - Grinder Pumps, Dubois-Cooper B. Mersman, Assistant to the Manager, provided background information including grinder pumps lifespan and need to replace grinder pumps before failures. Discussion included pump models; is it budgeted; updating the inventory for incorporation into GIS/CMMS; and is this incorporated in the Asset Management Plan. A. Bollin moved and L. Weaire seconded to authorize the purchase of 20 new E/One pumps from Dubois Cooper for a not-to-exceed amount of $37,300 per their quote dated June 30, Ayes: P. Michel, A. Bollin, D. Hawk, M. Slaton, C. Doughty, L. Weaire, T. Murphy ACCEPTANCE OF PROPOSAL Sanitary Sewer Lift Station #6 Submersible Pump Replacement, Kennedy Industries B. Mersman, Assistant to the Manager, summarized the need to replace Lift Station #6 pump which is projected to fail this year; explained bids were only put out on the MITN system and website link; Township received 3 proposals with Kennedy Industries being the low bidder; bid includes installation. Bid proposals and specifications were reviewed by OHIVI, Township Engineer, and Infrastructure Alternatives, Waste Water Treatment Plant Operator. Discussion included the pump model and clarification that the Gorman Rupp pump is not available at this time requiring a different pump model to be used; verification that the operator and engineer have signed off on the alternate pump; warranty; and discussion on outstanding approval of Asset Management Plan. A. Bollin moved and P. Michel seconded to accept the proposal from Kennedy Industries for a notto-exceed amount of $11,869 (with a 10% contingency) for the purchase and installation of a Flygt submersible pump for Sanitary Sewer Lift Station # 6 and waiving the publication requirement. Page 4of6 Minutes July 20, 2015 Approved August 17, 2015

5 APPROVAL OF ESCROW AGREEMENT Deposit for Reclamation Funds, Natural Aggregates Corporation J. Harris, Township Attorney, presented this Escrow Agreement and provided explanation for the change request. Discussion included background of ordinance requirements to file a letter of credit or surety bond for soil removal and fill permits, intent of ordinance change, contracts/agreements require two signatures, adding second notification to Clerk s office, clarifying language added reference to Ordinance Section , deleting 9(d) and adding Treasurer s suggested language to include the use of a regional bank. A. Bollin moved and L. Weaire seconded to accept the Attorney s recommendation and approve the proposed Escrow Agreement For Deposits of Reclamation Funds with Natural Aggregates Corporation upon making the changes, specifically adding the second signatory, second notice provision, adding Regional Banks, deleting section 9(d), adding reference to Ordinance Section in Paragraph 2 and authorizing the Supervisor and Clerk to sign the revised Agreement. Ayes: P. Michel, A. Bollin, D. Hawk, M. Slaton, C. Doughty, L. Weaire, T. Murphy 203 ADOPTION OF BUDGET AMENDMENT Resolution No , FY , Budget Amendment #2 Clerk A. Bollin presented this Budget Amendment as housekeeping which is covering temporary services while staff was on maternity leave. L. Weaire moved and D. Hawk seconded to adopt Resolution No , FY , Budget Amendment # 2, transferring funds from hourly part-time line item to the temporary services line item to fund temporary services sought during staff maternity leave in the Clerk s Department. REPORTS AND CORRESPONDENCE REPORTS Brighton Area Fire Authority Regular Meeting Minutes May 14, 2015 Livingston Community Water Authority Regular Meeting Minutes May 20, 2015 Zoning Board of Appeals Special Meeting Minutes May 27, 2015 Planning Commission Regular Meeting Minutes June 8, 2015 L. Weaire BAFA update, millage renewal to go in the 2016 election cycle, attended Fire Academy Graduation. C. Doughty SELCRA update, Meijer Skate Park was appraised, hiring new program and events manager. M. Slaton PC update including Arby s and Teddy Bear Playhouse site plans which were both approved. LCWA incorrect meter readings, asked that there be regular communication via newsletter for residents on LCWA water, requested updates to LCWA website. D. Hawk ZBA update. A. Bollin Met with Senator Hune and State Representative Theis regarding MDEQ rule changes affecting water systems. November election may include LESA and Brighton District Library; upcoming staff training on FOIA law changes. Asset Management Plan and discussion needed on policy implementation prior to adoption; status of bond refunding and review of proposed rate scenarios and assumptions. Township Building needs attention to long term maintenance needs; building looks tired and not maintained. P. Michel SELCRA update: Skate Park gets used by St. Pats School; they do light maintenance on Skate Park. SELCRA golf outing. T. Murphy Grinder pumps notice to users should be sent out instructing users that flushable wipes are not to be put into system, causes grinder pump higher rate of failure. Potential development on Grand River property. Policy 709 needs review in the future (SAD s) as we work through the first round of SAD s since lifting moratorium. PageS of 6

6 204 DEPARTMENTS Treasurer s Report April, May, June 2015 Brighton Area Fire Authority Firestat Report June 2015 MANAGER None. K. Mathews reported on proposed ordinances changes for accessory buildings used for agricultural purposes. CALL TO THE PUBLIC None. ADJOURNMENT L. Weaire moved and P. Michel seconded to adjourn. The meeting adjourned at 10:10 P.M. Respectfully submitted, Ann M. Bollin, CMC, CMMC, Clerk Thomas E. Murphy, Supervisor t Page 6 of 6 Approved August 17, 2015