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Minutes of the Waterford Township Board Meeting, held August 25, 2003 at PRESENT: ABSENT: OTHERS PRESENT: Supervisor Carl Solden called the meeting to order at 6:30 PM. Since no minister was present, a moment of silence was observed. Supervisor Solden then led the Pledge of Allegiance. Moved by O’Shea, Motion carried unanimously. Moved by Maloney, Motion carried unanimously. Moved by Fox, Motion carried unanimously. Supervisor Solden made the following announcements: The following reports were received: Moved by Fox, Motion carried unanimously. Rezoning Case/PAU #03-04-02 (R01 to R2), Crescent Lake Road, was on the agenda for First Introduction. This is a request to rezone 10.67 acres from Restricted Office District to Multiple Family Residential District. Moved by Fortino, Motion carried unanimously. The following was received from Township Attorney Paul Wyzgoski: At a regular meeting of the Township Board of the Charter Township of Waterford, Michigan, held on the 25th day of August, 2003, the following resolution was offered: BE IT RESOLVED by the Township Board of the Charter Township of Waterford, Michigan, as follows: The Township Clerk is hereby instructed to publish the following notice once in a newspaper of general circulation in the Charter Township of Waterford, which notice shall not be less than ¼ page in size in such newspaper, to wit: NOTICE OF INTENT TO ISSUE BONDS NOTICE IS HEREBY GIVEN, that the Charter Township of Waterford, Michigan, intends to issue limited tax general obligation bonds in one or more series in the aggregate principal amount of not to exceed $5,000,000 for the purpose of defraying all or part of the cost of any or all of the following projects: (i) rehabilitation of sewers in the Huron Gardens, Venice of the Lakes and Coleman Friedman areas to comply with current Sanitary Sewer Overflow regulations, (ii) well development and expansion of water treatment plant at the Crescent Lake (28-1) site, (iii) construction of a sanitary sewer detention basin to detain wet weather flow during extreme rain, (iv) replacement of existing 4" water main, and (v) replacement of prioritized cast iron water main in the Charter Township of Waterford. The bonds will bear interest from their date at a rate or rates not exceeding 8% per annum. The bonds will be issued under and pursuant to the provisions of Act No. 34, Public Acts of Michigan, 2001, as amended, and the full faith and credit of the Charter Township of Waterford will be pledged to pay the principal of and interest on the bonds as the same shall become due. The Charter Township of Waterford will be obligated, as a first budget obligation, to advance moneys from its general funds or to levy ad valorem taxes on all taxable property within its corporate boundaries to pay the principal of and interest on the bonds as the same shall become due; provided, however, that the amount of taxes necessary to pay the principal and interest on the bonds, together with the taxes levied for the same year, shall not exceed the limit authorized by law. RIGHT TO PETITION FOR REFERENDUM This notice is given, by order of the Township Board of the Charter Township of Waterford, to and for the benefit of the electors of the Charter Township of Waterford in order to inform them of their right to petition for a referendum upon the question of the issuance of the aforesaid bonds. The bonds will be issued, without submitting such a question to a vote of the electors, unless within 45 days after the date of publication of this notice a petition requesting a referendum upon such question, signed by not less than 10% or 15,000 of the registered electors residing within the Charter Township of Waterford, whichever is the lesser, shall have been filed with the undersigned Township Clerk. In the event that such a petition is filed, the bonds will not be issued unless and until the issuance thereof shall have been approved by the vote of a majority of the electors of the Charter Township of Waterford qualified to vote and voting thereon at a general or special election. FURTHER INFORMATION Further information relative to the issuance of said bonds, the purpose of the bonds and the subject matter of this notice may be secured at the office of the Township Clerk of the Charter Township of Waterford, 5200 Civic Center Drive, Waterford, Michigan 48329. This notice is given pursuant to the provisions of Act 34, Public Acts of Michigan, 2001, as amended. The Township hereby declares its official intent to issue its limited tax general obligation bonds in the aggregate principal amount of not to exceed $5,000,000 to finance all or part of the cost of any or all of the projects described in the aforestated notice. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded. Moved by Fortino, Motion carried unanimously. A Bid Opening had been scheduled for Watkins and Williams Lakes canal dredging project. The following bid was received: Mainstream Resources $434,170 Moved by Fortino, Motion carried unanimously. A Bid Opening had also been scheduled for third party printing, DPW. The following bids were opened: E-Con
Marketing
$33,202.40 Moved by Fortino, Motion carried unanimously. The Clerk had received a request for a transfer of stock from escrow for a Class C Liquor License at 4370 Highland Road. All requirements have been met. Moved by Fox, Motion carried unanimously. The following resolution of opposition was presented by Clerk Betty Fortino: RESOLUTION OF THE BOARD OF TRUSTEES At a regular meeting of the Waterford Township Board of Trustees, held August 25, 2003 at 6:30 PM, WHEREAS, on July 2, 2003, Representatives Hoogendyk, Shulman and Sheen introduced House Bill 4919, and WHEREAS, HB 4919 would target Waterford Township and other townships in Oakland, Wayne and Macomb counties, superceding local zoning, and WHEREAS, HB 4919 would allow residential development at a maximum density of 8 units per acre if public water and sewer service is or could be made available, and WHEREAS, HB 4919 would also allow mixed use and cluster development at the choice of the developer, and WHEREAS, the Waterford Township Board of Trustees has examined HB 4919 and makes the following findings and observations:
NOW, THEREFORE, BE IT RESOLVED, that the Waterford Township Board of Trustees hereby goes on record as being strongly opposed to HB 4919 in its entirety, and encourages the State legislators to defeat the Bill. BE IT FURTHER RESOLVED, that the Waterford Township Board of Trustees encourages legislators to consider more comprehensive, well-researched and reasoned efforts to reform land use legislation. BE IT FURTHER RESOLVED, that the Waterford Township Board of Trustees encourages other townships, cities and villages to go on record in opposition to HB 4919. Moved by Fortino, Motion carried unanimously. Clerk Betty Fortino also presented the following: RESOLUTION OF THE BOARD OF TRUSTEES WHEREAS, House Bill No. 4820-4828, the "Election Consolidation Package", passed by the Michigan House on June 12, 2003, and referred to the Senate, would establish four standard election dates in both odd and even years, preclude special election dates, mandate that townships conduct school elections using township voting locations, and create a new election coordination bureaucracy, and WHEREAS, this package represents an unfunded mandate that threatens to triple our township elections budget, eliminates township authority over the timing of township special elections, places an undue burden on the hosts who volunteer their private facilities as voting locations, forces the addition of permanent township staff, reduces the Clerk’s effectiveness as a township administrator, increases the township’s exposure to litigation, and requires a complete redrawing of precinct lines, and WHEREAS, this legislation will double the election costs for public schools by mandating the use of township voting sites, representing a major increase in needed election personnel, training, equipment, and logistics, and WHEREAS, there is no evidence that the drastic changes in election procedures mandated by HB 4820-4828 changes that could degrade the integrity of Michigan’s already excellent election system – would increase voter turnout, voter interest, or voter education, contrary to the claims of proponents; THEREFORE, BE IT RESOLVED, that the Waterford Township Board of Trustees opposes the passage of HB 4820-4828 into law, requests the Township’s elected representatives to oppose these bills, urges the Governor to veto the package, and directs the Township Clerk to distribute copies of this Resolution to the Governor, State Senators, Township Clerks, and the Michigan Townships Association. Moved by Fortino, Supported by Fox, RESOLVED, to postpone action on House Bill 4820-4828, Election Consolidation, until more information is received. Motion carried unanimously.
An appeal of a lot split was on the agenda for parcel no. 13-13-126-004, 2720 Dixie Hwy. The following memo was received from Rob Merinsky, Building and Engineering: The Engineering Department has reviewed the aforementioned split and recommends denial based on the following: The proposed application requests the creation of two resultant parcels, X and Y, to be fashioned from the parent parcel comprised of parts of Lots 4, 5, and 6 of "Silver Height Subdivision". According to Article V, Chapter 15, Subdivision Regulations, Waterford Township Code of Ordinances
As depicted on the engineering drawing attached with the split application, the resultant parcel Y is a landlocked parcel without any frontage along Dixie Highway. Since parcel Y does not abut upon a public road or private road as required, the applicant is proposing to create a 60’ wide easement for the purposes of providing ingress and egress to Dixie Highway for that resultant parcel. However, the requirements within Article V that control the creation of a private road or easement have not been met with this application submittal. According to Article V, the requirements for the creation of a private road or easement related to a platted lot split are as follows.
Moved by Fortino, AYES: Solden, Fortino, Fox, Maloney, O’Shea Moved by Fox, Motion carried unanimously.
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