Board of Trustees Regular Meeting July 23, :00 PM

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1 Board of Trustees Regular Meeting July 23, :00 PM All matters listed under the Consent Agenda are considered to be routine by the Township Board and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL A. APPROVAL OF CONSENT AGENDA A.1. Approval of the Regular Board Meeting and Public Hearing Minutes of July 9, 2018 boa-min pdf A.2. Approval of the Bills in the amount of $1,080, Bills pdf A.3. Approval of the 2018 annual dues for the Southeast Michigan Council of Government (SEMCOG) in the amount of $3, SEMCOG Invoice.pdf B. APPROVAL OF THE REGULAR AGENDA C. SUPERVISOR/BOARD ANNOUNCEMENTS D. BUILDING DEPARTMENT D.1. Approval to hire an Admin Clerk in the Building Department E. FINANCE DEPARTMENT E.1. Approval to hire an Account Bookkeeper in the Accounting Department F. PLANNING & ZONING F.1. To Introduce an Ordinance to amend articles III, IV, V, XI, XIII, XIV, XVII, VIX, of the Charter Township of Harrison Zoning Ordinance to correct typographical errors, amend the seasonal use permit procedures and to require certificate of zoning compliance certificates for new, reoccupied, altered or non-conforming uses, repealer, severability, penalties and effective date Amendments Ordinance (4).pdf G. WATER & SEWER G.1. Approval of Amendment No. 5 to the Water Service Contract with GLWA Harrison Twp Water Contract Am pdf H. SUPERVISOR S OFFICE 1 1

2 H.1. Fire Station 1 Addition Plans I. PUBLIC/BOARD COMMENTS J. CLOSED SESSION J.1. Closed Session to discuss Attorney's Opinion regarding the May 11, 2018 letter from the IAFF 1737 attorney K. ADJOURN Individuals with disabilities or impairments who plan to attend this meeting should contact the Township Clerk s Office at (586) or awit@harrison-township.org if auxiliary aids or services are needed. 2

3 Board of Trustees Agenda Item Report Agenda Item No. 316 Submitted by: Margaret Lucido Submitting Department: Clerk's Office Meeting Date: July 23, 2018 SUBJECT Approval of the Regular Board Meeting and Public Hearing Minutes of July 9, 2018 Background: minutes Cost: 0 Recommendation: to approve the Regular Board Meeting and Public Hearing Minutes of July 9, 2018 as presented. ATTACHMENTS boa-min pdf 3

4 CHARTER TOWNSHIP OF HARRISON REGULAR BOARD MEETING & PUBLIC HEARING JULY 9, 2018 Call to Order The meeting was called to order at 7:00 p.m. Pledge of Allegiance Roll Call PRESENT: Kenneth Verkest, Supervisor Adam Wit, CMC, CMMC, Clerk Darrin York, CPFIM, Treasurer Brian Batkins, Trustee Bill Bitonti, Trustee Bill Servial, Trustee Larry Tomenello, Trustee ALSO PRESENT: Rob Huth, Township Attorney Dave Axtell, Public Services Director Dennis Clark, Finance Director A) Approval of Consent Agenda Motion by Darrin York, Treasurer and second by Bill Servial, Trustee to approve the Consent Agenda as presented. MOTION CARRIED A.1 Approval of the Regular Board Meeting Minutes of June 25, 2018 Motion by Darrin York, Treasurer and second by Bill Servial, Trustee to approve the Regular Board Meeting Minutes of June 25, 2018 as presented. MOTION CARRIED A.2 Approval of the Workshop Minutes of June 25, 2018 Motion by Darrin York, Treasurer and second by Bill Servial, Trustee to approve the Workshop Minutes of June 25, 2018 as presented. MOTION CARRIED A.3 Approval of the Bills in the amount of $514, Motion by Darrin York, Treasurer and second by Bill Servial, Trustee to approve the Bills in the amount of $514, as presented. MOTION CARRIED A.4 Approval of the Revenue and Expenditure Report for June, 2018 Motion by Darrin York, Treasurer and second by Bill Servial, Trustee to approve the Revenue and Expenditure Report for June, 2018 as presented. MOTION CARRIED B) Approval of the Regular Agenda Motion by Darrin York, Treasurer and second by Brian Batkins, Trustee to approve the Regular Agenda and to add E.2) Emergency SCADA improvements. MOTION CARRIED RBM & Public Hearing Minutes of July 9, 2018 Unapproved Minutes Page 1 of 10 4

5 C) Supervisor/Board Announcements The Supervisor announced the Harrison Township Public Library will be hosting a variety of events over the next two weeks, including TechKnow Kids, a program to help children get involved in a variety of STEP and coding classes. The program is Saturday, July 21st at 3:00 p.m. For more information about this and many other library events, visit The Beautification Commission will be hosting their annual Inspirations Garden Tour on Saturday, July 21st from 9:00 a.m. to 3:00 p.m. Tickets can be purchased in advance and all questions can be directed to Sue at (586) Motors and a Movie is coming to Harrison Township on Friday, August 3rd. Get up close and explore various trucks and machines from 6:30 to 8:30pm at Tucker Park. Afterward, we will be showing an outdoor movie for the entire family. The event is free. For more information on all Township events call the Supervisor s Office at (586) or visit our website at D) Special Assessment District D.1 Public Hearing No. 1 Special Assessment District for Road Improvement for Genereaux Street The Clerk stated at the June 25, 2018 meeting, Resolution No. 2 was adopted which set the date for a Public Hearing of Necessity, known as the first Public Hearing. The notice for the Public Hearing was published in the Journal. The notice was sent to each titled owner or party in interest of property to be assessed, whose name appears upon the last local tax assessment records, by first class mail, addressed to such owner or party at the address shown on said records, before the date of such hearing. The hearing is for individuals to speak for or against the project. Motion by Adam Wit, Clerk and second by Larry Tomenello, Trustee to open Public Hearing No. 1 at 7:08 p.m. ROLL CALL: AYES: Wit, Tomenello, Batkins, Bitonti Servial, York, Verkest NAYES: None ABSENT: None MOTION CARRIED PUBLIC COMMENTS 1. George Meersseman, Genereaux, asked a question about the project. Motion by Bill Bitonti, Trustee and second by Darrin York, Treasurer to close Public Hearing No. 1 at 7:10 p.m. ROLL CALL: AYES: Bitonti, York, Batkins, Servial, Tomenello, Wit, Verkest NAYES: None ABSENT: None MOTION CARRIED RBM & Public Hearing Minutes of July 9, 2018 Unapproved Minutes Page 2 of 10 5

6 D.2 Adoption of Resolution No. 3 for Genereaux SAD Road Improvement The Clerk stated Resolution No. 3 needs to be adopted for the Special Assessment District for Genereaux Road Improvement. The proposed projects consist of crushing and reshaping the existing pavement to create a new base material with the addition of a new 4-inch thick asphalt surface. The work also includes ramp replacement and driveways will be sloped and drainage structures adjusted to match with the new roadway surface. This project does not include any ditching or drainage improvements other than the minor work noted above. Estimated total project cost $92, cost per lot (20 lots) $4, and annual estimated payment $ Final assessed cost is based on actual construction and miscellaneous costs. There are 20 lots with direct access to Genereaux Road. GENEREAUX ROAD PROPOSED SPECIAL ASSESSMENT DISTRICT FOR ROAD IMPROVEMENTS RESOLUTION NO. 3 At a regular meeting of the Township Board of the Charter Township of Harrison, County of Macomb, held on the 9th day of July, 2018 at Rosso Hall, L Anse Creuse, Harrison Township, Michigan at 7:00 p.m. PRESENT: Verkest, Wit, York, Batkins, Bitonti, Servial, Tomenello ABSENT: None The following preamble and resolution were offered by Darrin York, Treasurer and second by Brian Batkins, Trustee. WHEREAS, a Petition has been filed with the Township Board of the Charter Township of Harrison, Macomb County, Michigan, pursuant to Act l88, Public Acts of Michigan of l954, as amended, requesting construction of public improvements in the Charter Township of Harrison, more particularly described hereinafter; and WHEREAS, the Township Board has caused to be prepared, by the Engineer of the Charter Township of Harrison, plans showing the proposed improvement, the location thereof and an estimate of the cost thereof; and WHEREAS, after due and legal notice, the Charter Township Board has met on Monday, July 9, 2018 at 7:00 p.m., and has heard all interested persons at said first Public Hearing with respect to the Petition, the improvement project, the location, the estimate of cost and the special assessment district, as well as having heard all objections thereof. NOW THEREFORE, BE IT RESOLVED THAT: l. The Charter Township Board hereby determines to make the following described public improvement which it declares to be a necessary and desirable project: Estimated total project cost $92,222.00, cost per lot (20 lots) $4, and annual estimated payment $ Final assessed cost is based on actual construction and miscellaneous costs. RBM & Public Hearing Minutes of July 9, 2018 Unapproved Minutes Page 3 of 10 6

7 2. The Charter Township Board hereby approves the plans and estimate of cost in the amount of ninety two thousand and two hundred twenty two dollars ($92,222.00) as prepared and presented by the Engineer for the Charter Township of Harrison, and hereby determines that the Petition for Improvement described above is sufficient. 3. The Township Board finally determines that the special assessment district shall consist of the following described lots and parcels of land: Jefferson Heights Subdivision, Lots , Lot 203 and Lots , Harrison Township, Macomb County, Michigan, according to the Plat thereof as recorded in Plats, Macomb County Records. 4. The Clerk for the Charter Township of Harrison is hereby directed to make a Special Assessment Roll in which shall be described all the parcels of land to be assessed as set forth above, with the names and owners thereof, if known, in the total amount to be assessed against each parcel of land, which amount shall be the relative portion of the whole sum to be levied against all parcels of land in the assessment district as the benefit to such parcel of land bears to the total benefit to all parcels of land in the Special Assessment District. 5. Following completion by the Clerk of said Special Assessment Roll, he shall affix thereto his Certificate stating that the Roll was made pursuant to a Resolution of the Township and that in making said Assessment Roll, he has in his best judgment, conformed in all respects with the directions contained in said Resolution as well as the Statutes of the State of Michigan. The Clerk shall then report and deliver said Special Assessment Roll, with his Certificate attached thereto, to the Township Board. Motion by Darrin York, Treasurer and second by Brian Batkins, Trustee to adopt Resolution No. 3 for Genereaux SAD Road Improvement project as presented. ROLL CALL: AYES: York, Batkins, Bitonti, Servial, Tomenello, Wit, Verkest NAYES: None ABSENT: None RESOLUTION ADOPTED D.3 Adoption of Resolution No. 4 for Genereaux Road SAD Road Improvement The Clerk stated for Board consideration is Resolution No. 4 - for the SAD for Genereaux Road Improvement Project which sets the date for Public Hearing No. 2 to review the Special Assessment Roll and hear any objections thereto. The Clerk is proposing that this be held at the board meeting on August 13, GENEREAUX ROAD PROPOSED SPECIAL ASSESSMENT DISTRICT FOR ROAD IMPROVEMENTS RESOLUTION NO. 4 RBM & Public Hearing Minutes of July 9, 2018 Unapproved Minutes Page 4 of 10 7

8 At a regular meeting of the Township Board of the Charter Township of Harrison, County of Macomb, held on 9th day of July, 2018 at Rosso Hall, L Anse Creuse, Harrison Township, Michigan at 7:00 p.m. PRESENT: Verkest, Wit, York, Batkins, Bitonti, Servial, Tomenello ABSENT: None The following preamble and resolution were offered by Bill Bitonti, Trustee and second by Brian Batkins, Trustee.. WHEREAS, by resolution adopted July 9, 2018, the Township Board of the Charter Township of Harrison determined to construct public improvements on Genereaux Road more particularly described hereinafter, and assess the cost thereof to the property benefited by said improvements, all in accordance with act l88, public acts of Michigan l954, as amended; and WHEREAS, the Clerk has prepared and reported to the Township Board a Special Assessment roll assessing the cost of said improvement to the property benefited thereby with his Certificate attached hereto. NOW THEREFORE, BE IT RESOLVED: l. The Special Assessment roll shall be filed with the Office of the Township Clerk and shall be made available for public examination during regular working hours on normal Township business days. 2. The Township Board shall meet at 7:00 p.m. on August 13, 2018 at, Rosso Memorial Hall, L'Anse Creuse Road, in the Township to review the Special Assessment Roll and hear any objections thereto. 3. The Township Clerk shall cause notice of the afore referenced hearing and filing of the assessment roll to be published twice in the Journal, a newspaper of general circulation in the Township, the first publication to be at least ten days (l0) prior to the time of the hearing. The Clerk is also to give notice of such hearing to each titled owner or party in interest of property to be assessed, whose name appears upon the last local tax assessment records, by first class mail, addressed to such owner or party at the address shown on said tax records, at least ten (l0) days before the date of such hearing. 4. Said notice shall be in substantially the following form: NOTICE OF HEARING ON SPECIAL ASSESSMENT BY CHARTER TOWNSHIP OF HARRISON BOARD OF TRUSTEES TO THE OWNERS OF THE FOLLOWING DESCRIBED PROPERTY: Jefferson Heights Subdivision, Lots , Lot 203 and Lots , Harrison Township, Macomb County, Michigan, according to the Plat thereof as recorded in Plats, Macomb County Records. RBM & Public Hearing Minutes of July 9, 2018 Unapproved Minutes Page 5 of 10 8

9 PLEASE TAKE NOTICE that a Special Assessment roll has been prepared and is on file in the Office of the Township Clerk for public examination during normal business hours. Said Special Assessment roll has been prepared for the purpose of assessing the cost of the following described improvement to the property benefited therefrom: Estimated total project cost $92,222.00, cost per lot (20 lots) $4, and annual estimated payment $ Final assessed cost is based on actual construction and miscellaneous costs. TAKE FURTHER NOTICE that the Township Board shall meet on Monday, August 13, 2018 at 7:00 p.m., at the Rosso Memorial Hall, L'Anse Creuse, in the Charter Township of Harrison for the purpose of reviewing said Special Assessment Roll and hearing any objections thereto. Motion by Bill Bitonti, Trustee and second by Brian Batkins, Trustee to adopt Resolution No. 4 for Genereaux Road SAD project as presented. ROLL CALL: AYES: Bitonti, Batkins, Servial, Tomenello, York, Wit, Verkest NAYES: None ABSENT: None RESOLUTION ADOPTED E) Finance Department E.1 Approval of deficit elimination plan The Clerk stated as discussed during the presentation of the 2017 audit, the Special Assessments Revolving Fund ended the year in a ($1,142,858.00) deficit. This deficit is the result of funds advanced to special assessment districts that will be paid back over a period of time. The state requires that the Board adopt a deficit elimination plan by resolution to show that it is aware of the deficit and has a plan for correction. The deficit elimination plan shows that the deficit will be eliminated by collections from these Special Assessment Districts. RESOLUTION CHARTER TOWNSHIP OF HARRISON PLAN TO ELIMINATE A DEFICIT CONDITION JUNE 27, 2018 At a Regular Board meeting held on July 9, 2018 the Board of Trustees for the Charter Township of Harrison, the following resolution was adopted. PRESENT: Verkest, Wit, York, Batkins, Bitonti, Servial, Tomenello ABSENT: None The following preamble and resolution was offered by Adam Wit, Clerk and supported by Bill Bitonti, Trustee. The Charter Township of Harrison Special Assessment Revolving Fund has a $1,142, deficit fund balance as of December 31, RBM & Public Hearing Minutes of July 9, 2018 Unapproved Minutes Page 6 of 10 9

10 Whereas, State Revenue Sharing Act of 1971 PA 140 requires that a Deficit Elimination Plan be formulated by the local unit of government and filed with the Michigan Department of Treasury; Now Therefore, it is resolved that the Charter Township of Harrison legislative body adopts the following plan as the Charter Township of Harrison Special Assessment Revolving Fund Deficit Elimination Plan: Unrestricted net position (deficit) January 1, 2018 $ (1,142,858.00) New Special Assessments assess in , Special Assessments collected for , Special Assessments payoff early in , Special Assessments payoff early in , Unrestricted net position (deficit) June 27, 2018 $ 412, The Township Board further recognizes that the deficit was the result of advanced funds to cover improvement projects in several Special Assessment Districts. Be it further resolved that the Charter Township of Harrison s Finance Director submits the Deficit Elimination Plan to the Michigan Department of Treasury for certification. Motion by Adam Wit, Clerk and second by Bill Bitonti, Trustee to adopt the deficit elimination plan as presented. ROLL CALL: AYES: Wit, Bitonti, Batkins, Servial, Tomenello, York, Verkest NAYES: None ABSENT: None RESOLUTION ADOPTED E.2 Emergency SCADA improvement The Public Service Director spoke to the SCADA improvement and the cellular communications equipment issues. The Board had a lengthy discussion. Public comment was heard. Motion by Adam Wit, Clerk and second by Larry Tomenello, Trustee to approve the purchase of cellular communications equipment at the water tank and both meter pits at a cost not to exceed $13, MOTION CARRIED Motion by Bill Servial, Trustee and second by Brian Batkins, Trustee to create a subcommittee of Kenneth Verkest, Bill Servial, and Adam Wit to review the SCADA improvements. MOTION CARRIED RBM & Public Hearing Minutes of July 9, 2018 Unapproved Minutes Page 7 of 10 10

11 F) Clerk s Office F.1 Resolution to amend the number of Grow Facility/Process locations authorized under Chapter 22, Sec 3 of the ordinances The Clerk stated as discussed briefly at the last meeting, we have completed our initial round of accepting applications for medical marihuana businesses. We have received complete applications for 21 locations for grow facilities/processor, three more than our ordinance allows for. The Clerk is requesting the Board to consider adopting a resolution that would increase the number of locations authorized from 18 to 21, with a provision that would reduce that number back to 18 if any applicants fail to receive final approval or withdraws their application. This would allow us to forgo a lottery for these applicants. The Board had lengthy discussion. The Board discussed two modifications to the resolution, first that the Board would have to approve the application window and also create a list of interest prior to the application window being opened. Public comment was heard. Motion by Larry Tomenello, Trustee and second by Darrin York, Treasurer to call the question. ROLL CALL: AYES: Tomenello, York, Servial NAYES: Batkins, Bitonti, Wit, Verkest ABSENT: None MOTION FAILED CHARTER TOWNSHIP OF HARRISON RESOLUTION TO AMEND THE NUMBER OF AUTHORIZED LOCATIONS FOR MARIHUANA FACILITIES At a regular meeting of the Township Board of the Charter Township of Harrison, Macomb County, Michigan held in the Rosso Hall, in said Township on Monday, July 9, 2018 at 7:00 p.m. PRESENT: ABSENT: Verkest, Wit, York, Batkins, Bitonti, Servial, Tomenello None The following preamble and resolution were offered by Bill Bitonti, Trustee and supported by Adam Wit, Clerk: WHEREAS, Harrison Township has adopted Chapter 22 of the Charter Township of Harrison, Michigan Code of Ordinances to implement the provisions of the Michigan Marihuana Facilities Licensing Act, PA 281 of 2016 to authorize and provide for the regulations and licensing of certain medical marihuana facilities within the township; to establish the maximum number of permits and locations where medical marihuana facilities may be located; to establish procedures for the granting of permits and to provide for annual fee; and to provide penalties for violations of the chapter ; and RBM & Public Hearing Minutes of July 9, 2018 Unapproved Minutes Page 8 of 10 11

12 WHEREAS, Section Locations and Permits Authorized allows the board to review and amend these numbers by Resolution as it determines to be advisable and in the best interest of the Township; and WHEREAS, the Township ordinance currently authorizes eighteen (18) locations for Grow Facility/Processor operations; and WHEREAS, the Township received applications for twenty-one (21) locations for Grow Facility/Processor operations; and WHEREAS, it is advisable and in the best interest of the Township to increase the number of locations to accommodate all those applications received by June 11, NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP BOARD OF TRUSTEES OF THE CHARTER TOWNSHIP OF HARRISON, MACOMB COUNTY, MICHIGAN, THAT: 1. The Township amends the number of Grow Facility/Processor locations authorized under Chapter 22, Section 93 from eighteen (18) to twenty-one (21) locations to accommodate the applications received by June 11, Should any of the applications that were received during the period between May 21, 2018 and June 11, 2018 fail to receive final local or state approval or are withdrawn by the applicant, the number of Grow Facility/Processor locations authorized by the Township shall be reduced by the number that fail or withdraw, but shall not fall lower than the eighteen originally authorized. 3. No application window per the Township Ordinance Section will commence until so authorized by the Board of Trustees. 4. During the period referenced above in paragraph 3 no applications will be accepted, however, those interested in receiving a permit may register with the Clerk and provide a statement of intent and contact information. Motion by Bill Bitonti, Trustee and second by Adam Wit, Clerk to adopt the resolution to amend the number of authorized locations for marihuana facilities as amended adding provisions three and four. ROLL CALL: AYES: Bitonti, Wit, Batkins, Servial, Verkest NAYES: Tomenello, York ABSENT: None RESOLUTION ADOPTED G) Supervisor s Office G.1 Tax Reversion Properties The Supervisor stated we have received the list of properties available for purchase through the tax reversion process. There are a total of four properties, one of which is the lot on Mallast RBM & Public Hearing Minutes of July 9, 2018 Unapproved Minutes Page 9 of 10 12

13 where we recently demolished the structure, Harrison Woods Lane, North River Road and a vacant lot on Father Street. The Board had further discussion. Public comment was heard. Motion by Adam Wit, Clerk and second by Larry Tomenello, Trustee to authorize the Supervisor to purchase the four properties available through the 2018 tax reversion process at a cost of $22, ROLL CALL: AYES: Wit, Tomenello, Batkins, Servial, Verkest NAYES: Bitonti, York ABSENT: None MOTION CARRIED H) Public/Board Comments 1. William Bardill, resident, spoke to several items. 2. Darrin York, Treasurer, spoke to previous agenda item. I) Adjourn Motion by Darrin York, Treasurer and second by Bill Servial, Trustee to adjourn at 10:05 p.m. MOTION CARRIED Prepared by, Submitted by, Marge Lucido, Deputy Clerk Charter Township of Harrison Adam Wit, CMC, CMMC, Clerk Charter Township of Harrison Approved by, Kenneth Verkest, Supervisor Charter Township of Harrison RBM & Public Hearing Minutes of July 9, 2018 Unapproved Minutes Page 10 of 10 13

14 Board of Trustees Agenda Item Report Agenda Item No. 318 Submitted by: Dennis Clark Submitting Department: Finance Meeting Date: July 23, 2018 SUBJECT Approval of the Bills in the amount of $1,080, Background: Bills Cost: $1,080, Recommendation: to approve the Bills in the amount of $1,080, as presented. ATTACHMENTS Bills pdf 14

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29 Board of Trustees Agenda Item Report Agenda Item No. 315 Submitted by: Margaret Lucido Submitting Department: Clerk's Office Meeting Date: July 23, 2018 SUBJECT Approval of the 2018 annual dues for the Southeast Michigan Council of Government (SEMCOG) in the amount of $3, Background: Attached is the invoice for our Southeast Michigan Council of Government (SEMCOG) annual dues covering the period July 15, 2018 through July 15, 2019 in the amount of $3, The annual dues for the last two years were $3, and $3, Cost: $3, Recommendation: To approve the 2018 annual dues for the Southeast Michigan Council of Government (SEMCOG) in the amount of $3, as presented. ATTACHMENTS SEMCOG Invoice.pdf 29

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31 Board of Trustees Agenda Item Report Agenda Item No. 321 Submitted by: Ken Verkest Submitting Department: Supervisor's Office Meeting Date: July 23, 2018 SUBJECT Approval to hire an Admin Clerk in the Building Department Background: The Board of Trustees approved the posting, advertising and interviewing for the position of Admin Clerk in the Building Department at the May 29, 2018 RBM. We solicited applications and are finalizing interviews as this agenda request is being prepared. We will bring a recommendation to hire an Admin Clerk at the contract rate of $19.15 per hour ($39, annual salary) plus benefits, subject to the completion of a successful 90-day probationary period. Cost: $39, plus benefits Recommendation: to hire for the position of Admin Clerk in the Building Department at the contract rate of $19.15 per hour ($39, annual salary) plus benefits, subject to the completion of a successful 90-day probationary period. ATTACHMENTS 31

32 Board of Trustees Agenda Item Report Agenda Item No. 320 Submitted by: Ken Verkest Submitting Department: Supervisor's Office Meeting Date: July 23, 2018 SUBJECT Approval to hire an Account Bookkeeper in the Accounting Department Background: The Board of Trustees approved the posting, advertising & interviewing for the position of Account Bookkeeper in the Accounting Department at the January 22, 2018 RBM. Initially we had an internal candidate apply for the transfer but ultimately they decided not to make the move. We solicited applications and are finalizing interviews as this agenda request is being prepared. We will bring a recommendation to hire an Account Bookkeeper at the contract rate of $19.43 per hour ($40, annual salary) plus benefits, subject to the completion of a successful 90-day probationary period. Cost: $40, plus benefits Recommendation: to hire for the position of Account Bookkeeper in the Accounting Department at the contract rate of $19.43 per hour ($40, annual salary) plus benefits, subject to the completion of a successful 90-day probationary period. ATTACHMENTS 32

33 Board of Trustees Agenda Item Report Agenda Item No. 317 Submitted by: Sabrina Mancini Submitting Department: Planning & Zoning Meeting Date: July 23, 2018 SUBJECT To Introduce an Ordinance to amend articles III, IV, V, XI, XIII, XIV, XVII, VIX, of the Charter Township of Harrison Zoning Ordinance to correct typographical errors, amend the seasonal use permit procedures and to require certificate of zoning compliance certificates for new, reoccupied, altered or non-conforming uses, repealer, severability, penalties and effective date. Background: The Planning Commission is seeking to amend the Zoning Ordinance in order to correct typographical errors, change the language regarding temporary structures, and to add the requirement for obtaining a certificate of zoning compliance for new, reoccupied, altered or non-conforming uses. Cost: 0.00 Recommendation: to Introduce an Ordinance to amend articles III, IV, V, XI, XIII, XIV, XVII, VIX, of the Charter Township of Harrison Zoning Ordinance to correct typographical errors, amend the seasonal use permit procedures and to require certificate of zoning compliance certificates for new, reoccupied, altered or non-conforming uses, repealer, severability, penalties and effective date and to publish a Notice of Introduction at the Charter Township of Harrison and that the full text may be reviewed in the Clerk's Office during business hours (8:00-4:30 p.m.). ATTACHMENTS 2018 Amendments Ordinance (4).pdf 33

34 Charter Township of Harrison, Michigan Ordinance No. AN ORDINANCE TO AMEND ARTICLES III, IV, V, XI, XIII, XIV, XVII, VIX, OF THE CHARTER TOWNSHIP OF HARRISON ZONING ORDINANCE TO CORRECT TYPOGRAPHICAL ERRORS, AMEND THE SEASONAL USE PERMIT PROCEDURES AND TO REQUIRE CERTIFICATE OF ZONING COMPLIANCE CERTIFICATES FOR NEW, REOCCUPIED, ALTERED OR NON-CONFORMING USES, REPEALER, SEVERABILITY, PENALTIES AND EFFECTIVE DATE. The Charter Township of Harrison hereby ordains: Section. Article III, Section 3.06(1) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 1. Submission requirements. All site condominium subdivision and condominium plans shall be submitted for review, as required by article III of this ordinance and Section 66 of the Condominium Act, PA 59 of 1978 and shall include all submission requirements of section 3.04 and the following additional information: a. A certified boundary survey of the condominium site. The survey shall be tied to two established government corners. b. A plan delineating all natural and man-made features on the site, including, but not limited to, drains, ponds, lakes, streams, floodplains, wetlands and woodland areas. c. The location, size, shape, area and width of all condominium units and common areas and the location of all proposed streets. d. A copy of the master deed and a copy of all restrictive covenants to be applied to the project. Such deeds shall include an acceptable means of converting the project to a platted subdivision, under the provisions of Act 288 of 1967, at some future date. e. A utility plan showing all sanitary sewer, water and storm drainage improvements, plus all easements granted to the township for installation, repair and maintenance of all utilities. f. A street construction, paving and maintenance plan for all streets within the proposed condominium subdivision plan. g. A storm drainage and storm water management plan, including all lines, swales, drains, basins, and other facilities. 34

35 Section. Article III, Section 3.06(2) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 2. Review procedures. Pursuant to authority conferred by Section 141 of the Condominium Act, PA 59 of 1978, all site condominium subdivision plans shall require approval by the planning commission before units may be sold or site improvements initiated. In determining whether to approve a site condominium subdivision plan, the planning commission shall consult with the township attorney, planner and engineer regarding the adequacy of the submission as it relates to the Harrison Township Zoning Ordinance and requirements of the Condominium Act, as well as consistency with the master plan. The review process shall consist of the following two steps: a. Preliminary plan review. In the preliminary review phase, the planning commission shall review the overall plan for the site, including basic road and unit configurations and the consistency of the plans, with all applicable provisions of the Harrison Township Zoning Ordinance and the master plan. Plans submitted for preliminary review shall include information specified in items a., b. and c. of the submission requirements in subsection 1 above. b. Final plan review. Upon receipt of Preliminary Plan Approval, the applicant shall prepare the appropriate engineering plans and apply for final review by the planning commission. Final plans shall include information as required by the submission requirements in subsection 1a. through 1 g. above. Such plans and information shall be reviewed by the township attorney, engineer and planner. Further, such plans shall be submitted for review and comment to all applicable local, county and state agencies. Final approval shall not be granted until such time as all applicable review agencies have had an opportunity to comment on said plans. Section. Article III, Section 3.07 (D)(1)(d)(2) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 2. A woodlands map identifying the location, size and type of site vegetation, as required by the Harrison Township Zoning Ordinance Sections 3.02; 3.06, and Section. Article III, Section 3.07 (E)(2)(b) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: b. For sites where public utilities are not available, documentation has been must be provided by the appropriate agency that the site is capable of supporting on site wastewater disposal systems and well(s). C:\Users\smancini\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SNJD7GWC\2018 Amendments Ordinance (4).docx2 35

36 Section. Article III, Section 3.07 (E) (6) b of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 6. Natural resources. a. That natural resources will be preserved to the maximum extent feasible, and that areas to be left undisturbed during construction shall be so indicated on the plan. b. The proposed development does not encroach into floodways. or floodplains. c. That soil conditions are suitable for excavation and site preparation and the wet or unstable soils not suitable for development will be either undisturbed or modified in an acceptable manner. d. The proposed development will not cause soil erosion or sedimentation problems. Section. Article IV, Section 4.01 (D)(2) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows 2. The front elevation of single-family detached dwelling units shall not re-occur in the same or a substantially similar structural form on another dwelling within the same block, without there being at least three other dwellings with a different front elevation between the repeating dwellings. Different colors or materials do not constitute different front elevations. Dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity. Section. Article V., Section 5.05 (A)(2) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 2. In all multiple-family developments, all central air conditioning units shall be located behind the rear walls of the structures when such location is feasible and/or practical. When a rear yard location is not determined not to be feasible and/or practical by the planning commission, central air conditioning units may be located within a required or non-required side yard setback or side to side/rear building spacing requirement, as long as the existing buildings (so or planned building(s) meet all of the minimum side yard setback and/or spacing requirements of this ordinance. Regardless of the location, air conditioning units shall be screened from view and screened to mitigate any potential negative noise impacts, the appropriate screening shall be determined by the planning commission. C:\Users\smancini\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SNJD7GWC\2018 Amendments Ordinance (4).docx3 36

37 Section. Article V., Section 5.05 (C) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: C. Installation of any such equipment shall also comply with all other applicable provisions of this ordinance, as amended, and all other applicable provisions of any federal, state and local laws, ordinances and codes. Section. Article V, Section 5.03 (F) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby deleted in its entirety. Section. Article XI, Section (A)(1) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 1. Unless permitted as a temporary use, no person or business shall use the following areas for displaying for sale goods for sale, nor leave any goods, boxes, vehicles or any other article for a longer period than transportation into or out of another vehicle or business/residence: a. Any sidewalk or that space between the sidewalk and curb or road, planted strips, park or sidewalk. b. Any parking area, or any area of a road right-of-way. Section. Article XI, Section (A) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: A. No site shall be used for the storage, accumulation, dumping and/or collection of waste, junk, refuse and other similar materials, except upon approval by the planning commission in compliance with article XVII of this ordinance or as otherwise permitted under this ordinance in any district. The owner or occupant of all land, structures and/or every part thereof shall have the duty to maintain same in a clean and sanitary condition, free from any accumulation of dirt, filth, rubbish, garbage and vermin, and the duty not to act or omit to act so as to create or permit the existence of a nuisance as defined in this ordinance. This duty shall extend to any area of land between the site line and adjoining streets and curbs. Section. Article XI, Section (A)(2) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 2. A special land use approval by the planning commission shall be valid for a period of 12 months. Prior to the expiration of the 12-month approval, to continue the use, the applicant must apply to the planning commission for a compliance review: a. The planning commission may deny such renewal based on evidence that the structure or use is not properly maintained, has caused safety issues, or has become a C:\Users\smancini\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SNJD7GWC\2018 Amendments Ordinance (4).docx4 37

38 nuisance either on or off the site with regard to circulation, light, noise and other nuisance issues. b. The planning commission may approve a renewal if it is determined that the use has not created adverse impacts on the surrounding area or its residents. The term of the renewal shall be determined by the planning commission. Such renewal term may be granted for a period not to exceed five years. (1) Prior to the expiration of the first renewal term established by the planning commission, the applicant shall be required to obtain a new special land use approval to continue the use may be granted for a specified period not to exceed five (5) years. The Planning Commission may require compliance reviews on an annual basis, or such other times after due notice for good cause shown. As part of a compliance review, the Planning Commission may revoke the special land use approval based on evidence that the structure or use is not properly maintained, has caused safety issues, or has become a nuisance either on or off the site with regard to circulation,light, noise and other nuisance issues. (a) After the expiration of the initial approval period established by the Planning Commission, the applicant shall be required to obtain a new special land use approval. (2) (b) Any substantial amendment, as deemed substantial by the township, to an original special land use approval shall require a new special land use approval. A change which impacts the use of the site by patrons or an expansion of the proposed use shall be considered a substantial change. Section. Article XI, Section (A)(6) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: Temporary uses. The planning commission may also permit, upon proper application, temporary uses. Seasonal uses regulated by the township's seasonal use ordinance are exempt from this section. Such granting of a temporary use shall be regulated by the approval process under section b (A) Any approvals shall be subject to the following conditions: Section. Article XI, Section 11.14(A)(6)(e) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: e. No temporary use permit shall be granted without first giving notice to owners of the adjacent property of the time and place of a public hearing to be held on the application for a temporary use permit. All notices shall be in writing and shall be made by personal first class service, mailing by certified or registered mail, return receipt C:\Users\smancini\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SNJD7GWC\2018 Amendments Ordinance (4).docx5 38

39 requested, or by and by publication in a general newspaper at least 15 days prior to the hearing date. Section. Article XIII, Section 13.01(D)(1) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: D. Pools on waterfront lots: 1. Above ground pools on a waterfront lot shall maintain the thirty-foot open yard setback form from the ordinary high water mark or sea wall (not to include boat well cut-ins), if applicable. Section. Article XIV, Section (B) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 5 Home Occupation- Type 1 (Section A) Section. Article XIV, Section (C) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 1 Cemeteries (Section ) 2 Funeral Homes (Section ) 3 Golf Course (Section ) 4 Group Day Care (7-12 Adults or Children) (Section ) 5 Home Occupations- Type II (Section B) 6 Places of Worship (Section ) 7 Planned Unit Development (Section ) 8 Private Clubs and Fraternal Organizations (Section ) Section. Article XIV, Section (B) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 5 Home Occupation- Type 1 (Section A) Section. Article XIV, Section (C) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 1 Cemeteries (Section ) 2 Funeral Homes (Section ) 3 Golf Course (Section ) 4 Group Day Care (7-12 Adults or Children) (Section ) 5 Home Occupations- Type II (Section B) 6 Places of Worship (Section ) 7 Planned Unit Development (Section ) C:\Users\smancini\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SNJD7GWC\2018 Amendments Ordinance (4).docx6 39

40 8 Private Clubs and Fraternal Organizations (Section ) Section. Article XIV, Section (B) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 4 Home Occupation-Type 1 (Section A) Section. Article XIV, Section (C) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 1 Cemeteries (Section ) 2 Funeral Homes (Section ) 3 Golf Course (Section ) 4 Group Day Care (7-12 Adults or Children) (Section ) 5 Home Occupations- Type II (Section B) 6 Places of Worship (Section ) 7 Planned Unit Development (Section ) 8 Private Clubs and Fraternal Organizations (Section ) Section. Article XIV, Section (B) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 4 Home Occupation-Type 1 (Section A) Section. Article XIV, Section (C) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 1 Cemeteries (Section ) 2 Funeral Homes (Section ) 3 Golf Course (Section ) 4 Group Day Care (7-12 Adults or Children) (Section ) 5 Home Occupations- Type II (Section B) 6 Places of Worship (Section ) 7 Planned Unit Development (Section ) 8 Private Clubs and Fraternal Organizations (Section ) 10 Two Family Dwellings (Section ) Section. Article XIV, Section (B) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 4 Home Occupation-Type 1 (Section A) Section. Article XIV, Section (C) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: C:\Users\smancini\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SNJD7GWC\2018 Amendments Ordinance (4).docx7 40

41 1 Cemeteries (Section ) 2 Funeral Homes (Section ) 3 Golf Course (Section ) 4 Group Day Care (7-12 Adults or Children) (Section ) 5 Home Occupations- Type II (Section B) 6 Places of Worship (Section ) 7 Planned Unit Development (Section ) 8 Private Clubs and Fraternal Organizations (Section ) 10 Two Family Dwellings (Section ) Section. Article XIV, Section (B) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 5 Home Occupation Type 1 (Section A) Section. Article XIV, Section (B) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 4 Home Occupation Type 1 (Section A) Section. Article XIV, Section (C) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 1 Bed and Breakfasts (Section Convalescent, Nursing Homes, and Hospices (Section ) 3 Group Day Care (7-12 Children or Adults (Section Home Occupations- Type II Section B 5 Housing for the Elderly & Senior Citizen Housing (Section ) 6 Places of Worship (Section ) 7 Planned Unit Development (Section ) Section. Article XIV, Section (A) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: A. Intent. The RM-1 2 district is intended to provide for the development of multiple-family dwelling units, including apartments, townhomes, and attached condominiums. The provisions that regulate this land use district should provide for the development of high density residential neighborhoods Section. Article XIV, Section (B) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 3 Home Occupation Type 1 (Section A) C:\Users\smancini\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SNJD7GWC\2018 Amendments Ordinance (4).docx8 41

42 Section. Article XIV, Section (C) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 1 Bed and Breakfasts (Section ) 2 Convalescent, Nursing Homes, and Hospices (Section ) 3 Group Day Care (7-12 Children or Adults (Section ) 4 Home Occupations- Type II Section B) 5 Housing for the Elderly & Senior Citizen Housing (Section ) 6 Places of Worship (Section ) 7 Planned Unit Development (Section ) Section. Article XIV, Section (A) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: A. Intent. The RM-1 HMR District is intended to provide for the development of multiple-family dwelling units, including apartments, townhomes, and attached condominiums. The provisions that regulate this land use district should provide for the development of high density residential neighborhoods. Section. Article XIV, Section (C) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 1 Cemeteries (section ) 2 Child care centers (section ) 3 Colleges and universities (section ) 4 Drive-thru facilities (section ) 5 Funeral homes (section ) 6 General hospitals (section ) 7 Outdoor cafes (section ) 8 Planned unit development (section ) 9 Private clubs, fraternal organizations, etc. (section ) 10 Private and trade schools (section ) 11 Public utility buildings without storage 12 Veterinary offices with outdoor runs 13 Zero lot line development (section ) Section. Article XIV, Section (C) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 1 Auditoriums, sports facilities and outdoor theaters (section ) 2 Automobile, motorcycle, and boat dealerships (section ) 3 Automobile, boat, recreation vehicle service and repair center (section ) 4 Bowling alleys (section ) 5 Businesses of a drive-in nature (section ) 6 Child care centers (section ) C:\Users\smancini\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SNJD7GWC\2018 Amendments Ordinance (4).docx9 42

43 7 Commercial greenhouse or nursery (section ) 8 Drive-thru facilities (section ) 9 Flea markets 10 Full and self-service car washes (section ) 11 Gasoline stations (section ) 12 General hospitals (section ) 13 Hotel and motels 14 Indoor commercial recreation 15 Kennels (section ) 16 Lumber yard 17 Open air businesses 18 Planned unit development (section ) 19 Pre-fabricated home sales 20 Public utility buildings without storage 21 Wireless communication towers (section ) 22 Veterinary offices with outdoor runs 23 Zero lot line (section ) Section. Article XIV, Section (C) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 1 Child Care Centers (Section ) 2 Drive Thru Facilities (Section ) 5 Outdoor Seating Areas of Cafes (Section ) 6 Planned unit development (Section ) 18 7 Private clubs, fraternal organizations, etc. (Section ) 8 Private or Trade Schools (Section ) 10 Zero Lot Line Development (Section ) Section. Article XIV, Section (C) of the Charter Township of Harrison Zoning Ordinance, Michigan is hereby amended to read as follows: 1 Public or private facilities for berthing or servicing of recreational boats (Section Indoor storage of boats in a permanent structure (Section ) 5 Group Day Care (7-12 Children or Adults (Section ) 6 Places of Worship (Section ) 7 Planned unit development (section ) 8 Private or Trade Schools (Section ) 11 Two-Family Dwellings (Section ) C:\Users\smancini\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SNJD7GWC\2018 Amendments Ordinance (4).docx10 43