The Charter Township of Waterford, Michigan
Clerk's Office: Betty Fortino (248) 674-6266 Contact Us  

Minutes of the Waterford Township Board Meeting, held August 25, 2003 at
6:30 PM in Town Hall Auditorium, 5200 Civic Center Drive, Waterford, Michigan.

PRESENT:
Carl W. Solden, Supervisor
Betty Fortino, Clerk
Dee Minton, Treasurer
Todd A. Fox, Trustee
David J. Maloney, Trustee
Bette O’Shea, Trustee

ABSENT:
Paul Deni, Trustee

OTHERS PRESENT:
Dennis K. Griffin             Shirley Carpenter             Dennis Pittman
Jason Eisenberg            Liz Sorles                        Thomas Wisendan
Bill Walker                    Robert Baer                      Tom Coburn
R. Dorr                          D. Dorr                             Larry Gavette

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,
Supported by Fox, RESOLVED, to approve the agenda as printed.

Motion carried unanimously.

Moved by Maloney,
Supported by O’Shea, RESOLVED, to approve the August 11, 2003 minutes as printed.

Motion carried unanimously.

Moved by Fox,
Supported by Minton, RESOLVED, to approve the payment of the bills for August 25, 2003. A list of bills is attached to these minutes.

Motion carried unanimously.

Supervisor Solden made the following announcements:
Township offices will be closed Monday, September 1, 2003, Labor Day
Township offices resume winter hours Tuesday, September 2, 8:00 AM – 5:00 PM

The following reports were received:
Department of Public Works, June & July, 2003
Police Department, May & June, 2003
Library Department, July, 2003

Moved by Fox,
Supported by O’Shea, RESOLVED, to receive the foregoing reports.

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,
Supported by Fox, RESOLVED, to approve Rezoning Case/PAU #03-04-02 (R01 to R2), Crescent Lake Road, for First Introduction and place it on the next agenda for Final Adoption.

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
BY THE CHARTER TOWNSHIP OF WATERFORD, MICHIGAN

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,
Supported by O’Shea, RESOLVED, to approve the foregoing resolution to issue limited tax general obligation bonds, not to exceed $5,000,000 to finance water and sewer projects as stated.

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,
Supported by Fox, RESOLVED, to refer the foregoing bid received for canal dredging to the Engineering Department for review and recommendation.

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
        LaserTec                        $33,264.00
        Merit Marketing               $54,600.00
        360 Services                   $41,931.00
        Utili-Tec                          $44,940.00

Moved by Fortino,
Supported by Minton, RESOLVED, to refer the foregoing bids received for third party printing to the Department of Public Works for award to the lowest qualified bidder with a report back to the Board.

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,
Supported by O’Shea, RESOLVED, that the request from Lone Star Steakhouse & Saloon of Michigan, Inc. to transfer all stock in 1999 12 months resort Class C licensed business, located in escrow at 4370 Highland, Waterford, MI 48328, Waterford Township, Oakland County, by dropping Lonestar Steakhouse & Saloon, Inc. as stockholder through transfer of their 100 shares of stock to new stockholder, Lone Star Finance, Inc. (Step 1)

Motion carried unanimously.

The following resolution of opposition was presented by Clerk Betty Fortino:

RESOLUTION OF THE BOARD OF TRUSTEES
OF THE CHARTER TOWNSHIP OF WATERFORD
OAKLAND COUNTY, MICHIGAN
OPPOSING HOUSE BILL NO. 4919

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:

bulletHB 4919 unfairly targets Waterford Township and other townships for unprecedented high-density residential development and high-intensity mixed-use development.
bullet 
bulletHB 4919 would disregard the Township’s longstanding efforts to plan for orderly growth, having a devastating impact on the Waterford Township Master Plan.

 

 

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,
Supported by O’Shea, RESOLVED, to approve the foregoing resolution opposing House Bill 4919 and forward it to our legislators.

Motion carried unanimously.

Clerk Betty Fortino also presented the following:

RESOLUTION OF THE BOARD OF TRUSTEES
OF THE CHARTER TOWNSHIP OF WATERFORD
OAKLAND COUNTY, MICHIGAN
OPPOSING HOUSE BILL No. 4820-4828 ELECTION CONSOLIDATION

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

 

All resultant lots created under this article shall front or abut upon a public road or a private road existing prior to October 19, 1978, subject to specific authority of the township board under sections 15-76 through 15-79 to create additional private roads or easements of travel. (Comp. Ords. 1986, § 16.510)

 

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.

 
 

(1) Specifications. All private roads shall be a minimum of sixty (60) feet in width and shall be designed and constructed by the applicant in accordance with at least the minimum requirements of class "C" roads, as they are now or hereafter established by the county road commission.

 
 

(2) Construction prior to building. The road shall be constructed and established before the issuance of a building permit for any structure which may be constructed on any lot, outlot or parcel which will result from the division or partition, and for which ingress and egress will be via the road.

 
 
 

(3) Signs. The private road shall be named and an appropriate sign shall indicate the name. The county road commission shall approve of the signs and the name.

 

 
 

(4) Common ownership. Whenever possible, all property owners who will be using the private road for ingress and egress purposes shall retain or have a part ownership interest in the road, as opposed to one (1) party retaining the title and the others only having easement rights.

 

 
 

Lot split continued

(5) Utility easements required. Easements for the installation, operation and maintenance of sanitary sewer, storm sewer and water systems as well as other public utilities, including natural gas, electrical power, telephone and cable communication systems across any portion of land within the proposed parcel for splitting shall be provided as the township shall direct. Waivers of this requirement will be considered upon presentment of written approval by utility franchise holders. Where required, recorded easements shall be accomplished prior to the split approval or the issuance of a building permit.

 
 
 
 

(6) Sewer lateral required. Where there is a newly created private road under the terms of this article which adjoins or is adjacent to a public sanitary sewer system, the applicant shall be required, at the discretion of the township board, to install a sewer lateral within such private road serving all resultant parcels. The applicant shall execute all documentation required by the board and assume all the expenses of installation.

 
 
 

(7) Water main required. Where there is a newly created private road under the terms of this article which adjoins or is adjacent to a township water supply system, the applicant shall be required, at the discretion of the township board, to install a water main within such private road serving all resultant parcels. The applicant shall execute all documentation required by the board and assume all the expenses of installation. (Comp. Ords. 1986, § 16.511; Ord. of 11-14-88(2))

 
In addition, there are provisions within Article V that a maintenance agreement between all parties having interest in the private road or easement enter into and that this executed document be submitted for review by the township prior to recording.
 

All persons owning lands which use or may use the private road for ingress and egress shall enter into a maintenance agreement, which shall be presented to the township in a form suitable for recording with the county register of deeds. The maintenance agreement shall include at least the following:

 

 
 

(1) Financing improvement and/or maintenance. A method of initiating and financing whatever improvements and/or maintenance which may be needed from time to time in order to keep the road in a reasonably good and usable condition.

   
 
 

(2) Method of apportioning costs. A workable method of apportioning the cost of maintenance and improvements.

 

 
 

(3) Public easements. Easements to the public for purposes of emergency and other public vehicles for whatever public services are necessary.

 

   
 

(4) Noninterference provision. A provision that the owners of any and all of the property using the road shall refrain from prohibiting, restricting, limiting or in any manner interfering with normal ingress and egress and use by any of the other owners. Normal ingress and egress and use shall include use by family, guests, invitees, tradesmen and others bound to or returning from any of the properties having a right to use the road. (Comp. Ords. 1986, § 16.512)

 
Due to the fact that this lot split request fails to meet the criterion previously mentioned, administrative approval cannot be granted. However, the Board has the authority under
the ordinance to approve this request due to hardship or unique circumstance that would make strict compliance with the ordinance illogical, unnecessary, or would serve no real or substantial relationship to the public health, safety, and welfare.
The township board is empowered to grant variances from the requirements of this article to the extent required due to hardship or unique circumstances which make strict compliance with such provisions illogical, unnecessary or would serve no real or substantial relationship to the public health, safety and welfare. To that extent, the township board shall sit in a quasijudicial capacity with plenary authority to interpret the provisions of this article. (Comp. Ords. 1986 § 16.513)
Having said that, the applicant is still obligated to adhere to the requirements within the ordinance despite any relief the Board may deem necessary to grant. In the event that the Board approves the request as submitted without meeting the aforementioned criteria, staff losses the ability to enforce these requirements in the future. Therefore, it is the Building & Engineering Department’s recommendation that the Board deny the split request as it is presented.

Moved by Fortino,
Supported by O’Shea, RESOLVED, to table the lot split appeal for 2720 Dixie Hwy as the applicants were not present.

AYES: Solden, Fortino, Fox, Maloney, O’Shea
NAYS: Minton .
Motion carried.

Moved by Fox,
Supported by Maloney, RESOLVED, to adjourn the meeting at 6:55 PM.

Motion carried unanimously.

__________________________
Betty Fortino, Clerk

____________________________
Carl W. Solden, Supervisor