Charter Township of Orion
Oakland County, Michigan


Township Board

Minutes, Regular Meeting, Monday, July 7, 2008
 

1. – 3.  CALL TO ORDER.  The Charter Township of Orion Board of Trustees held a regular meeting on Monday, July 7, 2008, at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan.  Supervisor Dywasuk called the meeting to order at 6:50 p.m.

BOARD MEMBERS PRESENT: Dywasuk, Bastian, Garlicki (6:51 p.m.), Gibb, Porter, Steimel, Young.

OTHERS PRESENT:

Shannon Ozga                     Tracy Jensen                Bill Grannis

Tom Schippert                     Will Wilsher                   Kristofer Enlow

Rich Bondar                         Sandy Walker               Justin Dunaskiss

JoAnn Van Tassel                        Jennifer Vezina              Sandra Dyl

Dan Myslakowski                  Edward Peters               Rick Rice

Lil Hutchison                        Joe Zimmer                  Tom Berger

Jim Delavan                        

EXECUTIVE SESSION.  Motion by Gibb, seconded by Young and Porter, to go into Executive Session to discuss purchase of property.  AYES: Steimel, Porter, Young, Bastian, Gibb, Dywasuk.  NAYS: None.  ABSENT: Garlicki.  MOTION CARRIED: 6-0.

The Board was in Executive Session from 6:50 p.m. until 7:05 p.m.

Moved by Steimel, seconded by Porter, to reconvene the regular meeting. MOTION CARRIED.

Moved by Young, seconded by Porter, to authorize the Township attorney to proceed with the purchase of property from Grand Trunk Western Railroad and, further, to authorize Township legal counsel to engage the services of an appraiser at a cost not to exceed $5,000.  MOTION CARRIED.

All rose for the Pledge of Allegiance.  Trustee Gibb gave the Invocation.

4.  APPROVAL OF BILLS.   

Moved by Porter, seconded by Young, to authorize the payment of bills dated June 17, 2008, June 18, 2008, June 23, 2008, June 25, 2008, June 30, 2008, and July 2, 2008 in the amount of $541,090.30; and payrolls dated June 19, 2008, June 20, 2008, June 27, 2008, and July 3, 2008 in the amount of $193,898.78, for a total disbursement of funds of $734,989.08, as presented.  AYES:  Gibb, Bastian, Porter, Steimel, Garlicki, Young, Dywasuk.  NAYS: None.  MOTION CARRIED: 7-0.

Motion by Gibb, seconded by Steimel, to authorize, as part of Approval of the Bills, upcoming expenditures, July 8-21, 2008, as presented in the Clerk’s memo of July 3, 2008; for which payment will be required prior to the next Township Board meeting.  MOTION CARRIED: 6-1 (Garlicki).

Prior to the vote, there was discussion on the Glencorp invoice [work at Friendship Park], as paperwork was not included in the Board meeting packet.  Building Director Tom Berger was asked to comment.  He explained that he was waiting to make sure certain work that had been completed before signing off on at least a portion of the bill, which could not be done until Thursday; therefore, it did not make it into the meeting packet.  He stated that the Township is holding a retainer in the amount of approximately $23,000 until the grass begins to grow, is green, and everything is in place.  Mr. Berger explained that the amount of the invoice being recommended for payment was a compromise that was worked out with the contractor and he [Mr. Berger] would prefer the bill be approved tonight rather than at the next Board meeting.

5.  BRIEF PUBLIC COMMENT. 

Dan Myslakowski, 2566 Browning Dr., noted that the U.S. Army TACOM plant has 1,000 jobs coming up and can be viewed at www.usajobs.com; he thanked the ONTV group for their work on the June 30th candidates’ night event. 

Jim Delavan, citizen of Orion Township, spoke about a recent radio broadcast regarding property taxes and income taxes and voiced his objection to placing a lien on someone’s property for non-payment of taxes.

Lillian Hutchison, Orion Township resident, commented on an article in the Oakland Press regarding the Fourth of July festivities in Orion Township and noted that it is nice to hear positive comments about the area that you live in.

Kristofer Enlow, OHM, updated the Township Board on the Grampian drainage project: the necessary drainage easement has been procured and the project can now move forward.

Will Wilsher, 915 Buckhorn, asked if there will be an HR report forthcoming; inquired about progress on the Public Safety Complex; asked about the Friendship Park investigation report; and commented on the status of the Parks & Recreation Director’s leave of absence.  [Supervisor Dywasuk replied that several of these items will be covered in his Supervisor’s Report later in the meeting.]

Supervisor Dywasuk commented on a note that he received from a citizen, commending the Township Building Department and its staff for being pleasant and helpful. 

6.  APPROVAL OF AGENDA.   Moved by Steimel, seconded by Young, to approve the Agenda, with the following amendments:

·         Added 7.Q. Outdoor Assembly License:  “Green Meet” Recycling Event – Request to Change Date and Time (moved by Gibb, seconded by Young, carried).

·         Move 7.I. Notice of Solicitation:  Working America Membership Drive to 8.D.

Attorney Ozga commented on the Phase II Stormwater Permit correspondence from Township legal counsel in the Board meeting packet: the Board can add that to the Agenda if they would like to address it.  [It was decided to leave it as information only.]

MOTION CARRIED.

7.  CONSENT AGENDA.

A.  Minutes, Regular Meeting, Monday, June 16, 2008.  Approved the June 16, 2008 regular meeting minutes, as submitted.

B.  Minutes, Public Hearing, SRF Project Plan (S2 Grant), June 16, 2008.  Approved the June 16, 2008 public hearing minutes, SRF Project Plan (S2 Grant), as submitted.

C.  Minutes, Special Joint Public Hearing, PC-2006-11 (2008), Palace Chrysler PUD Amendment, June 18, 2008.  Approved the June 18, 2008 special joint public hearing minutes:   PC-2006-11 (2008), Palace Chrysler Jeep PUD Amendment, as submitted.

D.  2008 Village Swim Program.  Authorized the Supervisor and Clerk, on behalf of the Township, to sign the Intergovernmental Agreement between the Charter Township of Orion and the Village of Lake Orion for swim lessons for residents of Orion Township in 2008, as presented; further, authorized issuance of a check to the Village of Lake Orion in the amount of $2,000 for same.

E.  Outdoor Assembly License:  Opa! Food & Spirits, Lions Club Fundraiser.  Approved the request from Bill Grannis for an Outdoor Assembly License, according to the provisions of Ordinance No. 29, to hold a fundraiser on behalf of the Lake Orion Lions Club on Saturday, July 19, 2008 from 1:30 p.m. to 12:00 midnight, at Opa! Food & Spirits, 600 S. Lapeer Road, contingent upon compliance with Fire Department requirements; further, refunded the $100 application fee because of the non-profit status of the Lions Club.

F.  Outdoor Assembly License:  UAW Local 5960 Annual Membership Picnic.  Approved the request from UAW 5960 for an Outdoor Assembly License, according to the provisions of Ordinance No. 29, to conduct their Annual Membership Picnic on Sunday, July 27, 2008, 1:00 p.m. – 4:00 p.m., at 180 E. Silverbell Road, in the rear parking lot, contingent upon compliance with Fire Department requirements; further, refunded the $100 application fee because of the non-profit status of the group. 

G.  LCC Application for a New SMD License:  Carrie Lee’s.  Directed the Clerk to correspond with the Liquor Control Commission, indicating that the location at Carrie Lee’s, 3047 S. Baldwin Road, has passed all inspections, all local applications fees have been paid, and that Orion Township has no objection to the application by Lai Wah, Inc. for an SDM license.

H.  Paint Creek Trailway Commission 2009 Budget.  Received and filed the Paint Creek Trailway Commission 2009 Budget, as adopted by the Commission on June 17, 2008.

INotice of Solicitation:  Working America Membership Drive.  (Moved to 8.D.)

J.  Award Pump/Lift Station Generator Bid.  Awarded the contract for the Pump/Lift Station Generator Bid to Gen Power Products, Inc. the lowest qualified bidder, in the amount of $149,900, for the purchase of nine (9) generators to be installed as part of the 2008 Lift Station Generator Installation Project, as recommended by OHM, Township engineers, and DPW Director Bill Ireland.

K.  PCS-2008-03, Culver’s Signs (Dutton Corporate Centre PUD).  Approved PCS-2008-03, Culver’s Signs, a part of Dutton Corporate Centre Planned Unit Development (PUD), as recommended by the Planning Commission on June 18, 2008 and with variances granted by the Zoning Board of Appeals on June 23, 2008.

L.  Phase II Stormwater Permit Application Funding.  Authorized funding in an amount not to exceed $1,000 for Orchard, Hiltz & McCliment, Inc. to complete the permit application for the MDEQ-required Phase II Stormwater Permit re-issuance, with funding to come from Account No. 101-248-801.000 – Environmental Consultants.

M.  Request for Street Closure:  Paint Creek Ridge Subdivision.  Adopted the resolution, as presented, thereby approving the request of Carl Johnson to allow the temporary closure of a portion of River Valley Drive (921-1004), Paint Creek Ridge Subdivision, on Saturday, August 23, 2008, 3:00 p.m. – 7:00 p.m., to hold a subdivision block party, contingent upon no objections from the Fire Chief.

N.  Flexible Benefits Plan Amendment & Amendment to Ord. 127:  First Reading.  Adopted the Amendment to the Charter Township of Orion Flexible Benefits Plan, as presented; further declared the First Reading held of an Ordinance to Amend Ord. 127, Flexible Benefits Plan, and directed the Clerk to publish for Second Reading and possible adoption at the July 21, 2008 meeting.

O.  Amendment to Ord. 42, Parking – Orion Village Shopping Center:  First Reading.  Concurred with the request of Charles Allen, shopping center owner, and declared the First Reading held of the Amendment to Ordinance No. 42, Parking – Allen Shopping Center (formerly known as Orion Village Shopping Center), and directed the Clerk to publish for Second Reading and possible adoption at the July 21, 2008 meeting; with acknowledgement that Mr. Allen agrees to pay all costs associated with adoption of said ordinance amendment.

P.  Request for Report:  DWSD Water Main Route – Phase II.  Directed the Supervisor to prepare a written report to the Board of Trustees regarding DWSD Water Main Route – Phase II, to be presented at the July 21, 2008 meeting, as well as a resolution regarding same for Board consideration.

Q.  Outdoor Assembly License:  “Green Meet” Recycling Event – Request to Change Date and Time (added).  Approved the revised request for an Outdoor Assembly License from Dan Boorstein of Premier Self-Storage, 101 & 116 Premier Drive, for a “Green Meet” event on August 28, 2008, 11:00 a.m. – 6:30 p.m., featuring electronics recycling and paper shredding for businesses and their employees at the Premier Self-Storage site and acknowledged that the event is open to the general public also, per Mr. Boorstein’s letter of June 6, 2008; with approval contingent upon compliance with the Fire Marshal’s comments.

Moved by Steimel, seconded by Young, to approve the Consent Agenda, as amended.  AYES:  Porter, Bastian, Steimel, Young, Gibb, Dywasuk.  NAYS: Garlicki.  MOTION CARRIED: 6-1.

8.  PENDING BUSINESS. 

A.  Resolution:  MPD Welding – Tool & Die Recovery Zone.  Tom Schippert, Vice-President of MPD Welding, Inc., commented briefly on what they are requesting and offered to answer questions regarding the tax recovery zone.

Supervisor Dywasuk explained that the State of Michigan is allowing tool and die businesses to work together to benefit each other, by collaboratively seeking contracts for work and that those businesses involved would be in a designated Renaissance Recovery Zone.  A resolution needs to be adopted by the local municipality indicating approval of the request.

It was noted that 15 companies will be participating in the Renaissance Recovery Zone; each of them has fewer than 75 employees; they are seeking work beyond what they have with the auto industry; a Collaborative Agreement is being prepared for each of them to sign; and they are attempting to develop standards for the industry.

Trustee Gibb asked if MPD Welding is the only company that can receive this designation in Orion.  [Mr. Schippert responded that other companies can apply to get into the tax recovery zone and would have to go through the same process they are, with the other companies voting to allow a new business to be included; but at the present time, this is probably the last zone that will be approved by the State.]

Supervisor Dywasuk read the proposed resolution into the minutes:

RESOLUTION TO REQUEST A RENAISSANCE RECOVERY ZONE FOR MPD WELDING, INC.

WHEREAS, the Township of Orion desires to promote economic activity and maintain/increase the number of jobs available to residents of the area; and

WHEREAS, certain industries in the State are facing difficult times and the tool and die industry, in particular, has sustained losses due to foreign competition and increased productivity; and

WHEREAS, the designation of a Renaissance Recovery Zone will temporarily reduce the tax burden paid by MPD Welding, Inc., enabling it to reposition itself to compete globally; and

WHEREAS, MPD Welding, Inc., will enter into a collaborative agreement with other business entities having the appropriate North American industrial classification; and

WHEREAS, the qualified tool and die business property is property leased or owned by a tool and die business and used primarily for tool and die operations; and

WHEREAS, should the area be designated a Renaissance Recover Zone, property within that zone will be exempt from taxes levied by the township, county, and other units of government as provided under this Act; and

WHEREAS, we estimate that the tax revenue lost, which is estimated on the attached schedule, would be a small fraction of the benefits the designation of a Renaissance Recovery Zone will bring the community.

NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Charter Township of Orion requests that the State of Michigan designate MPD Welding, Inc., 4200 S. Lapeer Road, Orion Township Michigan, 48359, Parcel No. 09-35-100-010 Real Property and 99-00-300-208 Personal Property, identified by the resolution, as a Renaissance Recovery Zone under Public Act 376 of 1996 for a duration of 15 years.

It was noted that the way the resolution reads, it appears that the designation is for the property and not necessarily for the business and is, essentially, a temporary tax-abatement for a period of up to 15 years.  If so, if MPD Welding moves, would the new business receive the designation?  The response was, “no”, that the recovery zone would be granted specifically for this business.

Clerk Bastian noted that the zip code needs to be corrected in the resolution and that, usually, Township resolutions read – “It is resolved that the Board of Trustees of the Charter Township of Orion request …” .  [Mr. Schippert was in agreement with those changes.]

Moved by Gibb, seconded by Porter and Young, that the Board of Trustees adopt the Resolution, as amended to reflect that it is the Board of Trustees of the Charter Township of Orion that is so resolving, and authorize the Clerk to execute the Resolution. AYES:  Garlicki, Bastian, Gibb, Porter, Steimel, Young, Dywasuk.    NAYS: None.   MOTION CARRIED: 7-0.

B.  LCC Special One-Day Permit:  Opa Food & Spirits, Lions Club Fundraiser.  Bill Grannis, owner of Opa! Food & Spirits, is requesting to serve alcohol at the July 19th Lions Club Fundraiser.  This requires a Special One-Day Permit from LCC and the Township (per Ord. 76). 

It was noted that Lt. Naile of the Sheriff’s Department has no objections to either the Outdoor Assembly License or the Special One-Day Permit. 

Mr. Grannis requested that the Township refund the $300 application fee because of the non-profit status of the Lion’s Club.  [Clerk Bastian explained there is a provision in the Outdoor Assembly Ordinance that application fees are waived for non-profit organizations, but the Alcoholic Beverages Regulation Ordinance states that application fees for liquor licenses and permits are “non-refundable”.]

Motion by Steimel, seconded by Porter, to approve the request for the Special One-Day “Outdoor Service” Permit, under Ordinance No. 76 (Alcoholic Beverages Regulations); and to refund the $300 application fee, due to the fact that this is a non-profit organization event. MOTION CARRIED. 

C.  Amphitheatre Bid.  Kristofer Enlow, OHM, Township engineering consultants, explained that they originally estimated the cost for the amphitheatre and site work to be approximately $250,000.  The two (2) bids received, however, came back much higher than anticipated.  The bids were analyzed and the results were included in OHM’s letter dated July 1, 2008.  They recommend re-bidding the project in the Spring of 2009, for summer construction, and possibly splitting the site work from the amphitheater work to receive better pricing.

Clerk Bastian reminded everyone that the Township has applied for a grant, which should be decided by the end of the year, and noted correspondence from SEMCOG, dated June 2, 2008, with regard to the grant application.  Also included in the Board meeting packet was a letter from George Sinnott, a Lake Orion resident and supporter of the project, expressing concern about the bids and including a couple of alternative suggestions, one of which would be to relocate the amphitheatre to the current site of the Sheardy Pavilion.

Board discussion that if the project is put off, prices are only going to get higher; reference to site work that was donated for this project; that the original site was chosen because of the “natural” sloped terrain that could be used for seating; the possibility of a Board sub-committee reviewing the file on the project to try to understand the costs, and bringing recommendations to the Board in the very near future, with Mr. Auger and Mr. Sinnott to sit on the committee, as well; to investigate why other contractors did not submit bids; interest in moving forward now, if possible, and to not re-bid in 2009; and to include the skate park in the committee discussions.

Moved by Garlicki, seconded by Porter, to reject the bids, as recommended by OHM, and to form a committee of himself, Supervisor Dywasuk, and Trustee Porter, to discuss options for the amphitheatre project, as well as the skate park.  MOTION CARRIED.

Will Wilsher, 915 Buckhorn, commented that he is in favor of the project but doesn’t want the Township to rush into anything; and that we should wait to see if the grant will be awarded.

D.  Notice of Solicitation:  Working America Membership Drive. (Moved from 7.I.)  Trustee Gibb and other members of the Board expressed concern about there not being any background checks on the list of people that will be doing the door-to-door membership drive, as is usually done in the normal solicitor’s license process.  

Township Attorney Shannon Ozga responded that the Township Solicitor’s Ordinance requires  background checks for individuals or corporations that are selling products or services door-to-door, but she is not sure this group would fall under that Ordinance.  Per the group’s Clearance Letter, they claim to have a constitutionally protected right to canvass the area.  Also, there is case law for politically protected speech, allowing people to solicit.  The group is not asking for a permit: they are giving notice that they will be in the Township.  She commented that citizens can call the Township or the Sheriff’s Department if they have a problem or questions. 

Moved by Gibb, seconded by Porter, to receive and file the Notice of Intent from Working America, a community affiliate of AFL-CIO, of their intent to conduct a door-to-door membership drive in Orion Township during the month of July.  MOTION CARRIED.   

The Board took a two-minute recess.

9.  REPORTS.

A.  Supervisor’s Report.  Supervisor Dywasuk read his report into the minutes which covered the following:

  • Friendship Park Soil Investigation
  • Personnel Matters
  • Human Resources
  • Township Contract Policy
  • Public Discussion of Pending Litigation or Legal Matters

Moved by Garlicki, seconded by Bastian, to receive and file the Supervisor’s Report, as presented.  MOTION CARRIED. [Copies were distributed to Township Board members and will be available to members of the public after the meeting.]

 B.  Investment Report.  Treasurer Young reviewed the Investment Report, dated July 7, 2008.  Two (2) Water & Sewer CD’s matured – one was reinvested for 150 days, the other was deposited into the Water & Sewer account; and $2 million from the Water & Sewer account was invested at The Private Bank for one year at 3.45%.  The General Fund’s Franklin Bank CD matured and was deposited into the General Fund account for operations.  [Another General Fund CD matured today, which was reinvested and will appear on the next report.] Moved by Gibb, seconded by Garlicki, to receive and file the Treasurer’s Investment Report, dated July 7, 2008, as presented.  MOTION CARRIED.

C.  Township Vehicle Use Policy Report.  Included in the Board meeting packet was a report from Plante & Moran, dated June 26, 2008, summarizing the Internal Revenue Service regulations and guidelines concerning “personal use” of Township-owned vehicles.  Also included was information pertaining to the Township’s policy, from the June 6, 2005 Board meeting.  [Supervisor Dywasuk commented that he was not aware that there was no language in the policy stating that the Township Supervisor has authority over a Department Head using a Township-owned vehicle for allowed “personal” use.] 

A discussion ensued regarding the current policy, the number of Department Heads currently using Township vehicles for “personal” use (driving to and from work to home), that the policy is not being followed properly with regard to mileage logs, why the policy is difficult to follow, that gasoline from Township storage tanks is used to fuel Township vehicles, and that the IRS commuter rate of $3.00 per day needs to be adjusted to reflect current economic values.  It was recommended that, at some point, a committee be formed to fully review the number of Township vehicles and the policy in question.

Moved by Garlicki, seconded by Gibb, to receive and file the Township Vehicle Use Policy Report, as presented.  MOTION CARRIED: 6-1 (Porter).

D.  Polly Ann Trail Extension – June 2008 Update.  Due to the earlier Executive Session that has bearing on this project, the Township Board took the following action: Moved by Gibb, seconded by Young, Garlicki and Porter, to receive and file the Polly Ann Trail Extension – July 2008 Update, dated July 1, 2008, as submitted by OHM.  MOTION CARRIED.

10.  PUBLIC COMMENT. 

Dan Myslakowski, 2566 Browning Dr., commented that the fireworks were great; however, they did not last very long due to a bad year economically; and he thanked the committee’s fundraising efforts.

Jim Delavan, citizen of Orion Township, commented on the MPD Welding - Recovery Zone item and feels that the Township Board is showing partiality (referring to the Gingellville Community Center and their loss of tax-exempt status); he objects to citizens being asked to “bail out” Detroit, in reference to the upcoming ballot question asking voters of three (3) counties to approve a millage to operate the Detroit Zoo.

Sandy Walker, 2565 Mueller, asked about the Township vehicle policy: How many vehicles are there? How many Department Heads are there? and How many use them after hours?   She asked if other counties are putting the “zoo” issue on their ballot. [The response was the three (3) counties of southeastern Michigan – Wayne, Oakland, and Macomb].

11.  BOARD MEMBER COMMENTS.

Trustee Porter thanked the fireworks volunteers and people who donated towards the event; he asked for an update on the Public Safety Complex.

Clerk Bastian announced that the Township safety path system is celebrating 20 years in 2008 and, on July 18th & 19th, members of the Safety Path Advisory Committee will be at the library with maps, brochures, and to answer questions, and there will also be a recognition ceremony on Saturday morning at 10:00 a.m.; commented that there are great plans by the DNR to connect pieces of the safety path on M-24 and through the Bald Mountain Recreation Area; reminded Board members to let her know if they want to attend upcoming MTA workshops and of the special meeting this Saturday at 8:30 a.m.; absentee ballots and sample ballots have been mailed out; residents can watch replays of the candidates’ nights on Channel 10 or 20, and the third one will be at the Township Hall on July 24th; the League of Women Voters’ Voter Guide will  now only be available via their website at www.lwvoa.org.

Trustee Steimel also commended the fireworks committee and stated that it is still a good event; he is willing to help look at the Township Vehicle Use Policy. 

Treasurer Young commended the fireworks committee; noted the Polly Ann Trail Management Council and Paint Creek Trailway Commission are looking at ways to connect the two (2) trails via the safety path system; she commented that the Polly Ann Trail parking lot signs are now up on Indianwood Road.

Supervisor Dywasuk asked Buildings & Grounds Director Tulip to request a report from Plante & Moran CRESA regarding the Public Safety Complex; he will do whatever the Board would like to do regarding the Vehicle Use Policy; he noted a letter in the Board meeting packet from an individual regarding the timing of M-24 traffic signals; and he commented that the special meeting on Saturday [Board workshop on long-range financial planning] is open to the public.

12.  ADJOURNMENT.  Moved by Garlicki, seconded by Young, to adjourn.  MOTION CARRIED:  The meeting was adjourned at 9:00 p.m.