HAMBURG TOWNSHIP BOARD OF TRUSTEES Regular Meeting Hamburg Township Hall Board Room Tuesday, May 20, :30 p.m.

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1 FAX PHONE P.O. Box Merrill Road Hamburg, Michigan HAMBURG TOWNSHIP BOARD OF TRUSTEES Hamburg Township Hall Board Room Tuesday, 7:30 p.m. 1. Call to Order Supervisor Pine called the meeting to order at 7:30 p.m. 2. Pledge to the Flag 3. Roll Call of the Board Present: Hohl, Menzies, Hardesty, Pine, Balon-Vaughn, Bitondo, Majoros Also Present: John Drury, Township Attorney 4. Call to the Public A. Police Department Awards Police Chief Luciano presented 3 officers with awards. Officer Steinaway & Officer Garbacik received the Life Saving Award, and Officer Wallace received a Certificate of Merit Award. Mrs. Ren, 8790 Hendrick Drive addressed the board. She read a statement she had written regarding outdoor burning and yard waste. She stated there are alternative ways of disposing of yard waste such as composting, and encourages the Township to help limit burning. 5. Correspondence There was correspondence from the Pinckney Community Schools regarding the assigned REU s for Hamburg Elementary. Correspondence regarding Hamburg Futball. 6. Consent Agenda Motion by Hardesty, supported by Menzies to approve the Consent Agenda as presented.. 7. Approval of the Agenda Hardesty requested that last item of business to be East Park Drinking Water be added. Bitondo requested that item C. Home Business Complaint to be moved up to Item 1. on the agenda. Hardesty requested that item WWTP Improvement SRF Loan be moved up to Item 2. on the agenda.

2 Page 2 8. Old Business Hardesty requested that item M-36 Corridor Municipal Water District be moved up to Item 3. on the agenda. Hardesty requested A Elm Lane be moved up to Item 4. on the agenda. Motion by Hardesty, supported by Hohl to approve the Agenda as amended C Home Business Complaint 9858 Riverview Hagman received a complaint regarding an operation of a business taking place at 9858 Riveriew. He stated the vehicle traffic and parking were concerns that had been brought to his attention. Scott Strang addressed the board. He stated he over an acre of parking and has an agreement with the neighboring property that allows his customers to park there in the case of a handicapped patron. He feels the neighbors are trying to stop the boat tours, and is surprised he is here this evening. Hardesty stated there is a home occupation ordinance that has to be followed. Hagman stated the home business can t change the character of the neighborhood, the traffic pattern, and depending on the amount of traffic it could be considered more commercial use. He stated there will be restrictions on the number of vehicles that can be allows. Strang stated he was not made aware he was on the agenda until right before the meeting. Hohl questioned how it had been put on the agenda. Hardesty stated at the request of the neighbors filing the complaint. Lee Stokes, 9961 Riverview, addressed the board. He stated they had tried to discuss the neighborhood concerns with the business owner last year. He stated that Mr. Strang s home is not on the road, and has been using the community areas to access the river. He stated that the patrons don t always park at his house, they sometimes park on their road sometimes up to 5 and 6 cars. The road is a private road, maintained by the residents. He would like to know when a business is a business and not a home occupation. He stated he is not against the idea of the boat tours bringing people to our area, but feels the parking should be put somewhere where it can be handled such as the Zukey Lake Parking area. He feels Mr. Strang is taking advantage of the residents, and has been unwilling to strike a compromise. Majoros asked if Mr. Strang could work out of Klave s Marina. Mr. Strang stated he doesn t work for Klave s. Motion by Hohl, supported by Hardesty to have the Zoning Administrator follow up on the home occupation issue with Scott Strang and provide a written report at the next regularly scheduled meeting.. Motion by Pine, supported by Hohl to move the M-36 Corridor Municpial Water District to item #3, and Elm Lane to item #4..

3 Page WWTP Improvement SRF Loan Hardesty stated a proposal has been received from Stantec at the direction of the board. Randazzo stated he asked Mr. Babock if an extension could be received and Mr. Babock stated the Township would be held to the 8/1/08 deadline. Ish Naik of Stantec addressed the Board. He stated the Township needs to get the most out of the current facility before looking into expansion. He stated they need to look at what small changes could be made to get the most out of the plant. Hardesty stated there is a non-compliance issue that has a 8/1/08 deadline. Naik stated he feels confident his team can meet that deadline, and reviewed their individual qualifications. Hohl asked what the cost would be to get the entire project done. Naik stated a plan from scratch would be close to $30,000 with a public hearing. He stated the question should be does the Township really need to go forward with the proposed project. Motion by Hohl, supported by Menzies to seek from OHM and Stantec concise, complete, itemized proposals for both projects, being the SRF & the Operation Manual and to have them presented to the board at the May 29, 2008 meeting for review and approval. OHM is to provide a work plan for the permit and confirm the current cost proposals on SRF are valid, and will be re-certified in letter form. Stantec is to provide a proposal for the SRF and Operation Manual starting from the beginning. Voice Vote: AYES: 5 NAYS: 2 (Balon-Vaughn, Pine) MOTION CARRIED M-36 Corridor Municipal Water District Balon-Vaughn asked if there is any way to exclude the car wash. She stated if the property owner goes to the tax tribunal and wins, the Township may be on the hook. Jim Kiefer, Bond Attorney stated the Board could make a policy decision to remove that property if the tax tribunal case was won, and the cost could be made up in various ways. Resolution by Bitondo, supported by Menzies confirming the Special Assessment Roll for the M-36 Corridor Municipal Water District, Water improvement project Roll Call Vote: Hohl Y, Menzies Y, Hardesty N, Pine Y, Balon-Vaughn N, Bitondo Y, Resolution by Bitondo, supported by Menzies authorizing the Michigan Department of Treasury filing for the M-36 Municipal Water District. Roll Call Vote: Hohl Y, Menzies Y, Hardesty N, Pine Y, Balon-Vaughn Y, Bitondo Y, Resolution by Bitondo, supported by Menzies consenting to the special assessment for the M-36 municipal water district. Roll Call Vote: Hohl Y, Menzies Y, Hardesty N, Pine Y, Balon-Vaughn N, Bitondo Y, Resolution by Bitondo, supported by Menzies to adopt a bond for the M-36 municipal water district. Roll Call Vote: Hohl Y, Menzies Y, Hardesty N, Pine Y, Balon-Vaughn N, Bitondo Y,

4 Page A Elm Lane Motion by Hardesty, supported by Hohl to direct Township Attorney to take legal action to force Robert Melvin to comply with the approved site plan and private road ordinance for the construction of Elm Lane Hagman to coordinate efforts with Mr. Drury to send out certification of non-compliance that can be recorded at a County Level, and attached to the Deed Lakelands Trail Update Motion by Pine, supported by Hardesty to receive and file report by Zoning Administrator regarding the Lakeland Trail Flood Committee Update Motion by Hardesty, supported by Pine to receive and file report by Flood Committee regarding weed harvesting New Fire Station Construction Update Motion by Pine, supported by Hardesty to approve the engineering oversight cost overruns from OHM for services rendered on the Veteran s Memorial Drive water project in the amount of $5, Proposed Amended Burn Ordinance Resolution by Bitondo, supported by Pine to adopt the amended Burn Ordinance No. 40E as presented in its final version with the amendment to Section Majoros N Wireless Livingston Resolution by Hardesty, supported by Hohl to adopt the Video Service Provider Right of Way Ordinance as preparted and recommended by Attoney Pestle. Resolution by Hohl, supported by Bitando to approve the Wi-Fi agreement as amended by Attorney Pestle and directed it be forwarded to Livingston County. Roll Call Vote: Hohl Y, Menzies Y, Hardesty Y, Pine N, Balon-Vaughn Y, Bitondo Y, Sewer Assessment Reduction Request Strawberry Lane Resolution by Hardesty, supported by Menzies to reduce the sewer assessment on Strawberry Lane as prepared.

5 Page 5 9. Current Business Zoning Department A. Hartmeier Combination Request Motion by Balon-Vaughn, supported by Hohl to approve the combinations of lots 12 and 13 of Cady s Point subdivision as requested. B. Zoning Violation Walsh Motion by Hohl, supported by Balon-Vaughn to receive and file Zoning Administrator s report on the Zoning Violation D.P.W. Vehicle Disposal Motion by Balon-Vaughn, supported by Pine to authorize the sale of the DPW truck through the on-line auction service as recommended by Don Miller Sewer System Dedication/Conveyance Motion by Hardesty, supported by Hohl to approve the sewer system dedication and convenyance for Summer Park, Campbell Mills and Hidden Valley Estates Hold Harmless Agreement Lake Pointe Dr. Motion by Hardesty, supported by Hohl to approve the hold harmless agreement for Lake Pointe Drive as prepared and recommended by MUC Sewer Grinder Hook up Policy Motion by Hohl, supported by Balon-Vaughn to adopt a policy that all future individual sewer hook-ups and contract special assessment districts not involve the Township on the nonbondable non-owned portion of construction of the hook-up of the grinder to the house MMRMA Renewal/ Sewer system overflow coverage Motion by Hardesty, supported by Hohl to table discussion and action on the MMRMA sewer system overflow coverage to the May 29, 2008 special meeting/budget worksession H.E.R.O. Request Carriage Rides Hardesty reviewed request for horse drawn carriage rides during the Family Fun Fest event. Pine asked if horses would be cleaned up after. Hardesty stated they would be. She stated the proposed route has been changed and the dates will be Friday, Saturday and Sunday for the rides.

6 Page 6 Motion by Hohl, supported by Pine to approve the request of H.E.R.O. to provide carriage rides on Friday June 13 th, Saturday, June 14 th & Sunday, June 15 th during the Festival on the Lakeland Trail and/or the West Park trails as requested subject to proper liability insurance Resolution Establishing Receiving Boards Resolution by Hardesty, supported by Bitondo to establish receiving boards for the August primary and November general elections as written Elections/Township Hall Closing Hardesty stated that since this election will require 2 AV Counting Boards, the Township Hall will not be able to be open during the election. The AV boards must be sequestered. Motion by Hardesty, supported by Bitondo to approve the Clerk s request to close the Township Hall to general business on August 5 th and November 4 th for the conduct of elections. The Township hall employees will be paid for these days off. Voice Vote: AYES: 6 NAYS: 1 (Majoros) MOTION CARRIED Liquor License Notice 7620 E. M-36 Motion by Hohl, supported by Menzies to refer the Liquor License notice to the Hamburg Township Police Chief to communicate to the Liquor Control Commission, at his discretion, as he deems necessary regarding the Liquor License application Sewer Rate Template Review/Update proposal Motion by Pine, supported by Menzies to authorize the contract with Plante & Moran for a notto-exceed cost of $7, charged to fund 590 to update the sewer rate template for use by the Township s accountant, as proposed New Fire Station Pay Request No. 8 Motion by Hardesty, supported by Bitando to approve the fire station pay request no.8 as presented by Degenhardt and Sons in the amount of $218, Special Assessment Districts Final Accounting Review Motion by Hardesty, supported by Bitondo to proceed as recommended by the Accountant subject to the verification that Corby invoice #9 was not paid Water Softener Salt Alternative Motion by Hohl, supported by Hardesty directing Tony Randazzo to draft a preliminary ordinance prohibiting the use of sodium chloride and mandating the use of potassium chloride for all users East Park Drinking Water

7 Page 7 Motion by Hardesty, supported by Hohl to authorize and approve replacement of drinking water line through Adams Well Drilling at a cost not-to-exceed $7, Call to the Public Call was made with no response. 11. Board Comments The Board discussed briefly Majoros concern about scheduling conflicts of the soccer fields. Motion by Balon-Vaughn, supported by Hohl to go into Closed Session to discuss contract negotiations and property acquisitions due to potential financial impact on the Township. Majoros Y MOTION CARRIED. Adjourned to Closed Session at 9:48 p.m. Returned to Open Session at 10:13 p.m. Motion by Balon-Vaughn, supported by Pine to return to Open Session. Resolution by Hardesty, supported by Balon-Vaughn authorizing the Supervisor and the Clerk to sign any and all documents pertaining to property acquisision as disussed in closed session. Majoros Y MOTION CARRIED. Resolution by Hardesty, supported by Balon-Vaughn approving payment to Bendzinski & Company for open invoices for the Huron River Highlands road improvement project. Roll Call Vote: Hohl N, Menzies Y, Hardesty Y, Pine Y, Balon-Vaughn Y, Bitondo Y, Majoros Y MOTION CARRIED. 12. Adjournment Motion by Hardesty, supported by Bitondo to adjourn. Meeting adjourned at 10:17 p.m. Respectfully submitted, Debra A. Henneman Secretary Joanna G. Hardesty Township Clerk Cindy Pine Township Supervisor

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