Beaver Township Regular Board Meeting Minutes

Transcription

1 I. Call to order Beaver Township Regular Board Meeting Minutes May 14, 2018 The regular meeting was called to order at 6:31 p.m. on May 14, 2018 at the Beaver Township Hall/Beaver Township Fire Station), 1850 S. Garfield Rd., Auburn, MI II. Pledge of Allegiance The Pledge of Allegiance to the flag was said in unison. III. Roll Call The Clerk conducted a roll call. The following board members were present: Gray (Supervisor), Koch (Treasurer), McCarry (Clerk), Retzloff (Trustee), and Tomczak (Trustee). IV. Approval of Agenda A motion to approve the agenda after changing the Treasurer s Report from March to May was made by Mr. Koch and seconded by Mr. Retzloff. AYES: 5; NAYS: 0. Motion carried. V. Approval of Minutes A motion to approve the April 9, 2018 regular board meeting minutes was made by Mr. Retzloff and seconded by Mr. Tomczak. AYES: 5; NAYS: 0. Motion carried. VI. Treasurer s Report Mr. Koch, Treasurer, presented balances as of April 30, 2018 report showing the following information: General Fund Water Fund Beginning Balance $786, Beginning Balance 128, Credits $ Credits $5.27 Debits $136, Debits $0 Ending Balance $650, Ending Balance $128,

2 Fire Operating Fire Equipment Beginning Balance $125, Beginning Balance 77, Credits $5.10 Credits $6.40 Debits $27, Debits $0 Ending Balance $97, Ending Balance $77, A motion to approve the Treasurer s Report was made by Mr. Retzloff and seconded by Mr. Tomczak. AYES: 5; NAYS: 0. Motion carried. VII. Clerk s Report Ms. McCarry stated that May fire fund bills totaled $25,021.17; general fund bills totaled $92,029.87; gross wages fire fund were $1150; and gross wages general fund totaled $10, A May 8, 2018 Bay City Public Schools millage election was held and 207 residents voted. The millage passed in the county, but was defeated in Beaver Township (120 No: 86 Yes). Correspondence received since the April meeting included the following: a Beaver Township Water System quarterly report from the Bay County Department of Water and Sewer showing an ending fund balance of $25,871 (April 8); an from Cindy Luczak regarding a second e-pollbook laptop available to Beaver Township (April 12); an sent to both the Bay County Republican and Democratic party chairs letting them know who was working the May 8 election and which party they belonged to (April 12); a survey from International City/County Management Association (ICMA) regarding municipality wages and how the township is governed (April 15) survey was completed and returned several days later; an from Elizabeth Kornacki regarding circulation of The Valley Farmer, The Pinconning Journal, and The Bay City Times (April 16); a letter from Beaver Twp. resident Matthew Nietzke regarding windmills and visual pollution or DTE paying all residents property taxes (April 16); a letter from the Bay County Deputy Treasurer regarding a list of parcels in Beaver Township going to tax foreclosure (April 17); an from Craig Close, Atwell Engineering Consultants for DTE, regarding a YouTube video link and Facebook posting regarding some false information pictures on an anti-wind brochure showed turbines that were not to scale (April 23); an from Michael Robb setting the record straight about the legitimacy of the photograph he took of wind turbines in Huron County (April 24); an e- mail from Monica Essenmacher, Head of Port Crescent s Hawk Watch, expressing the ordinance mentioning the preservation and protection of the Kawkawlin River watershed to industrial wind (April 24); an from Brenda Revard regarding Almer Township s wind ordinance becoming law with a 500 height limit and 4x the height setback from property lines (April 24); a letter from Elizabeth Kornacki (April 26) expressing interest in the wind 2

3 ordinance and how it fails to protect the health, safety, and welfare of the residents and the desire to see Mr. Nolan s wind ordinance adopted; an from Elizabeth Kornacki clarifying her intent in retaining Nolan Law related to wind energy in Beaver Township (April 29); an from Elizabeth Kornacki thanking Commissioner Duranczyk for attending the April 26 public hearing (May 4); an from Brenda Revard thanking the Zoning Board for preparing the wind ordinance and encouraging the Board of Trustees to approve the proposed ordinance (May 8); a Notice of Drainage Board Meeting for Determination of Practicability for the Waldo and Branches of the drain for both Midland and Bay Counties a public meeting will be held May 17 at 10:00 am at Larkin Charter Township Hall (May 8); a letter from Michael Sage, DTE, regarding the proposed ordinance and his concerns for setbacks, limitations on sound pressure, and shadow flicker and asking the board to consider setbacks of times wind turbine height as well as reconsidering a proposed ordinance that is exclusionary (May 11); an from Lorie Kohn, Beaver resident, supporting the wind ordinance forwarded by the Planning Commission (May 14); an from Jeremy Kukla, Beaver resident, supporting the wind ordinance forwarded by the Planning Commission (May 14); an from Ann and Scott Stinebring supporting the Zoning Board s wind ordinance (May 14). A motion to approve the Clerk s Report was made by Mr. Koch and seconded by Mr. Tomczak. AYES: 5; NAYS: 0. Motion carried. VIII. Public Comment A motion to move to Public Comment was made by Mr.Retzloff and seconded by Mr. Koch. Roll call vote: Gray (Yes), Koch (Yes), Retzloff (Yes), Tomczak (Yes), McCarry (Yes). AYES: 5; NAYS: 0. Motion carried. Ann Torzynski, Beaver resident, asked what was meant by the ordinance being exclusionary. Ms. McCarry responded that the letter from DTE used that language and that DTE feels the ordinance s regulations are so strong as to exclude the company from building a wind farm in Beaver Township. Elizabeth Kornacki, Beaver resident, supports the ordinance completely. She addressed the letter that arrived in the mail from DTE on May 2 regarding participation agreements with small parcel owners. Why weren t these discussions happening a year ago? Enough is enough the residents have spoken. Beaver Township has their ordinance. Jan Koselansky, Beaver resident, commented on cars parked at the Township Park at 11:00 pm and 3:00-4:00 am. She called 911 and is afraid people out there in the middle of the night might destroy things and her property borders the park property. Can we lock the gate? Mr. Gray said he would speak with the Sheriff and the township will go back to locking the gate in the evening. Bob Hillman, Beaver resident, expressed concern about asphalting Bay/Mid Line where he lives and whether Midland County was helping pay with the costs. Mr. Gray stated that the paving was a 4-way split between the Counties and Townships and Bay County Road 3

4 Commission picked up Beaver Township s share. Mr. Gray also said that he will contact the BCRC about fixing the approaches in Mr. Hillman s drives. Brenda Revard, Beaver resident, said that the ordinance is not exclusionary and encouraged the Board to stand together to approve. No amount of money is worth her family s safety and the Zoning Board put together a good ordinance. Please approve to protect residents. Ross Koch, Beaver resident, does not agree that the wind turbines are too loud a seal coat road is louder. The township should look seriously at allowing two turbines per section, which would generate a half million/year for the township. Rick Born, Garfield Township resident, stated the majority of residents are not in favor of wind energy; there are minimum benefits and property values are reduced. There will be increased utility costs. Tax dollars support federal subsidizes. Encourages the board to adopt the ordinance. A resident on 8 Mile Road who is building a house supports the ordinance as written. There should be setbacks from natural resources 1 mile from the Kawkawlin River so hunting and fishing are not impacted. Mr. Cribley, Beaver resident, agrees with the previous speaker encouraging a clause in the ordinance for the Kawkawlin River Watershed setbacks. He disagrees with wind turbines. A resident supports the ordinance to make it tougher for DTE to bring wind turbines to our beautiful township. Jan DeVos, Beaver resident, supports the ordinance and a setback from the Kawkawlin River watershed of at least one mile. Mr. Chad Capp, Beaver resident, moved to Beaver because it s a quiet community, Thanked the board members and is in full support of the ordinance. Also feels there should be a mile setback from the Kawkawlin River watershed. Carla Gribbs, DTE, read the letter that was delivered to Board members and reminded the Board they were not bound by the ordinance. Michael Robb, Bay City, said he has seen wind turbines up close and he took the contentious photograph of wind turbines in Huron County. The picture is not fake. If you drive through the Pigeon area, wind turbines are everywhere. Residents should think hard before they get wind turbines. Roland Kaiser, Beaver resident, stated that the zoning board did not do their job at all. They didn t learn anything about wind turbines. Doesn t appreciate the zoning against farmers and wonders what s next will there be an ordinance against planting corn? The township better set aside money for legal fees for litigation. 4

5 Adam Hayes, Beaver resident, wondered how wind turbines ever got brought to Beaver. DTE should have approached the entire township and explained before we got to this point. Monica Essenmacher, Beaver resident, informed the board that she spoke with a junior high class about wind energy and asked the students three questions: Is wind energy green?, What is community?, and What is a corporation? The DTE CEO, Gerard Anderson, received $13.1 million annual compensation in Colett Dominowski, Beaver resident and member of the Beaver Planning Commission, stated that serving on the Zoning Board was one of the hardest jobs she has ever done since she has friends who are both pro- and anti-wind. She believes the Board put together an ordinance that is what is best for the safety, health, and welfare of Beaver Township residents. She takes offense to earlier comments that the Zoning Board has not done their job. For those who think she did not work hard enough, she encourages them to ask her 6, 8, and 10 year old children who were robbed of many hours due to her diligence in researching wind turbines. Ms. Dominowski also took the 5-8 th graders on a wind farm tour. She also stated that nowhere does the ordinance say, No, you may not, but instead defines the rules DTE must play by. She does not believe it is exclusionary. Brett Grzegorczyk, Beaver resident, commented on what he perceived to be disrespectful behavior from the DTE rep. Mark Wahl, Beaver resident, hopes the community can come together and believes the Board and Planning Board have done their due diligence. A township can t please everyone. He greatly supports everyone s efforts and believes the ordinance is not exclusionary if the three attorneys who looked it over do not believe it to be. He knows Mr. Robb as a good photo journalist and thinks the DTE comments that the photo was fake are despicable. Wonders how DTE s CEO would feel if he knows how the DTE reps acted. Citizens should come together and support farmers. DTE did not handle this situation well. Rosalie Andrzejewski, Beaver resident, commented on what corporate greed has done to our community. It has divided the community. She supports Mr. Nolan s suggestions to the ordinance, but supports a 1 mile setback from the Kawkawlin River watershed. Wind turbines create audio/visual pollution. A motion to return to the regular order of business was made by Mr. Retzloff and seconded by Mr. Koch. AYES: 5; NAYS: 0. Motion carried. IX. Pay Bills Bills from the past month were initialed by Board members. Ms. McCarry mentioned a $10,000 bill that just came in for two fire hydrants. Mr. Gray said we should hold off on that for now. A motion to pay bills as presented was made by Mr. Tomczak and seconded by Mr. Retzloff. Roll call vote: Gray (Yes), Koch (Yes), McCarry (Yes), Retzloff (Yes), Tomczak (Yes). AYES: 5; NAYS: 0. Motion carried. 5

6 X. Regular Order of Business A. WECS Ordinance. Mr. Tomczak commented that there is a 900 setback from a wooded lot or stream. The Zoning Board researched wind turbines for five months and believes they have put together a fair ordinance. Resolution was offered by Mr. Tomczak and supported by Mr. Retzloff to adopt the Wind Energy Conversion System ordinance proposed by the Beaver Township Zoning Board at their April 26, 2018 public hearing, which updates the current Zoning Ordinance to include provisions regulating wind turbines, wind farms, etc. and similar uses. Discussion - Mr. Retzloff noted that he has lived in the township for 56 years and that both boards took a beating. Most residents are not going for it. Mr. Tomczak mentioned that he has a lot of farmer friends, but wanted to put together an ordinance for the safety and well-being of all. Ms. McCarry thanked the zoning board for their hard work and stated that the ordinance was developed to balance the desire for renewable energy and the need to protect the public health (which includes quality of life), safety and welfare of the community. The ordinance also strives to protect the character and stability of the township and to preserve and protect environmental assets, open spaces, views, etc. Mr. Koch said he mimics everyone else. Mr. Gray shared a few comments including his wish that DTE had first approached the township regarding wind energy instead of gathering around kitchen tables of farmers to have them sign off on their property. DTE s decision to boycott the September public hearing was a bad decision. DTE kept saying they had a wonderful story to tell, but they kept silent. Mr. Gray said he had been the township supervisor from and was now serving again, but DTE took the air out of the position for him during the last year. Roll call vote: Gray (Yes), Koch (Abstain), Retzloff (Yes), Tomczak (Yes), McCarry (Yes). AYES: 4; NAYS: 0; ABSTAIN: 1. Resolution (Resolution of the Board of the Township of Beaver to Adopt the Wind Ordinance proposed by the Beaver Township Zoning Board) passed. B. Fill-in Secretary. Mr. Gray has not had any interest in the fill-in secretary position and asked for a motion to allow the Deputy Clerk to fill in temporarily. A motion that the Deputy Clerk will act as temporary Township Secretary one day per week or when Cari Tomzcak is unavailable was made by Ms. McCarry and seconded by Mr. Koch. Roll call vote: Gray (Yes), Koch (Yes), Retzloff (Abstain), Tomczak (Yes), McCarry (Yes). AYES: 4; NAYS: 0; ABSTAIN: 1. C. Disposition of Old Copier. Ms. McCarry stated that there is no need for the old copier. Mr. Tomczak wondered if we could donate it to habitat for humanity. A resident from the township offered that there is a place in Bay City for old electronics. A motion to offer the old copier to Habitat for Humanity and that if they do not want it to donate it to the electronic recycler in Bay City was made by Mr. Tomczak and seconded by Mr. Retzloff. AYES: 5; NAYS: 0. Motion carried. 6

7 D. Legal Notifications. Ms. McCarry asked the Board s opinion on how legal notifications should be handled. Shall we place them in The Valley Farmer, The Pinconning Journal, or the Bay City Times? Cost to add the public notice of the April 26 to The Bay City Times was in line with what we have been paying with the other papers where circulation is lower. A motion that legal notifications shall be placed in the Bay City Times was made by Mr. Tomczak and seconded by Mr. Retzloff. Roll call vote: Gray (Yes), Koch (Yes), Retzloff (Yes), Tomczak (Yes), McCarry (Yes). AYES: 5; NAYS: 0. Motion carried. E. Other Board Matters. Mr. gray mentioned that a mile of the Bay/Midland County Line Road was paved between Seidler and River and there will be an overlay on the north part of the Bay/Mid Line Road between Parish and Cottage Grove. Prep and paving will take place by mid-june on Seidler Road between Garfield and 9 Mile. XI. Public Comment A motion to move to Public Comment was made by Mr. Tomczak and seconded by Ms. McCarry. AYES: 5; NAYS: 0. Motion carried. A resident commented on the Waldo Drain meeting and how 10:00 a.m. is an inconvenient time for most people. If people would take responsibility and clean their own ditches, the Drain Commission wouldn t need to do this. Mr. Ross Koch commented that drainage used to be a landowner s job. Farmers used to get paid to do it, but now it s the job of the Road Commission or Drain Commission. Mr. Bill Schumacher of Merritt Township spoke that he applauded the work Beaver Township Zoning Board did with the wind ordinance. Also, there is an open position at the Road Commission and he is seeking the support of the Board of Trustees for November. He will work to get better roads. Mr. Nate White asked about the water main extension on Carter Road. Mr. Gray said we are looking at three separate miles, but have not made a final decision yet. A motion to return to the regular order of business was made by Ms. McCarry and seconded by Mr. Tomczak. AYES: 5; NAYS: 0. Motion carried 7

8 XII. Adjournment There being no further business, a motion to adjourn was made by Mr. Retzloff and seconded by Mr. Koch. AYES: 5; NAYS: 0. Motion carried. Meeting adjourned at 7:43 p.m. Respectfully submitted, Mary J. McCarry 8