Regular Meeting
1/13/2015 Board of Trustees Meeting
CHARTER TOWNSHIP OF GARFIELD
Synopsis of Minutes of January 13, 2015
Township Board Meeting
A Township Board Meeting of the Charter Township of Garfield was held on Tuesday, January 13, 2015, beginning at 6:00 p.m., at the Garfield Township Hall, 3848 Veterans Drive, Traverse City, Michigan.
The meeting was called to order at 6:00p.m. and the Board transacted the following business:
- Public Comment – None
- Agostinelli added Resolution 2015-01-T, Institutions with which the Treasurer will do business in 2015 as item 7.b. and Road Commissioner’s Report as item 5. h. and Schmuckal added Consideration of Personnel Policy changes under New Business item 7.c.
- Approved Minutes from Dec. 2, December 9, December 10, and December 22, 2014Township Board meetings.
- Approved the Consent Calendar as presented.
- Received Correspondence.
- Received Construction Report in writing from Jennifer Hodges.
- Received Sheriff’s report from Lt. Chris Barsheff.
- Received County Commissioner’s Report from Christine Maxbauer.
- Received the Treasurer’s Report from Jeane Blood Law.
- Received the Clerk’s Report from Kay Schumacher. Granted approval to hire a Deputy Clerk at a salary of $40,000. Thanked Ms. Schumacher for her years of service.
- Received Supervisor’s Report in writing from Chuck Korn.
- Received the Road Commission Report from Bill Mauser.
- Approved PD Report 2015-01 for Premier Manor for a Major PUD Amendment – SUP 2003-06-D, submitted by Woodmere Crossing LLC.
- Awarded Deering Tree Service a contract for hazardous tree removal services at the Grand Traverse Commons for $29,500.
- Approved Resolution 2015-01-T, a resolution of Institutions with which the Treasurer will do business in 2015.
- Approved the Personnel Policy changes to reflect those changes in the Union contract.
The Meeting was adjourned at 7:54 p.m.
Kay Schumacher, Clerk
TOWN BOARD MEETING
Tuesday, January 13, 2015 at 6:00pm
Garfield Township Hall
3848 Veterans Drive
Traverse City, MI 49684
Ph: (231) 941-1620
AGENDA
ORDER OF BUSINESS
Call meeting to order
Pledge of Allegiance
Roll call of
1. Public Comment
Public Comment Guidelines:
Any person shall be permitted to address a meeting of The Township
2. Review and approval of the Agenda - Conflict of Interest
3. Consent Calendar
The purpose of the Consent calendar is to expedite business by grouping non-controversial items together to be dealt with in one
a. Minutes – December 2, 2014 Special Meeting (Recommend Approval)
December 9, 2014 Regular Meeting (Recommend Approval)
December 10, 2014 Special Meeting (Recommend Approval)
December 22, 2014 Special Meeting (Recommend Approval)
a. Bills -
General Fund $ 561,946.78
(Recommend Approval)
Gourdie-Fraser
Utility Receiving Fund $ 26,984.01
(Recommend Approval)
c. Building Department 2014 Statement of Operations and Annual Report (Recommend Approval)
d. MTT Report (Receive and File)
4. Correspondence
a. Grand Traverse Conservation District – December Report
5. Reports
- Construction Report
- Sheriff’s Report
- County Commissioner’s Report
- Personnel Committee Report
- Treasurer’s Report
- Clerk’s Report
- Supervisor’s Report
6. Unfinished Business
a. PD Report No. 2015-01 – Premier Manor – Major PUD Amendment –
SUP 2003-06-D, submitted by Woodmere Crossing LLC
7. New Business
1. PD Report No. 2015-02 - Consideration of bids for hazardous tree removal services at the Grand Traverse Commons
8. Public Comment
9. Other Business
10. Adjournment
_____________________
The Garfield Township
TOWN BOARD MEETING
January 13, 2015
Molly Agostinelli, Trustee, called the Town
Pledge of Allegiance
Roll call of
Present: Bob Featherstone, Kit Wilson, Molly Agostinelli, Denise Schmuckal, Jeane Blood Law, and Kay Schumacher
Staff Present: Rob Larrea
Absent and Excused: Chuck Korn
1. Public Comment (6:02)
None
2. Review and Approval of the Agenda - Conflict of Interest (6:02)
Agostinelli asked Trustees to add item 7.b. – List of Financial Institutions with which the Township Does Business – Resolution 2015-01-T; item 5.h. - Road Commission Report; and item 7.c. - Personnel Policy for Non-Union Employees.
Featherstone moved and Blood Law seconded to approve the agenda as amended.
Yeas: Featherstone, Blood Law, Schmuckal, Wilson, Agostinelli, Schumacher
Nays: None
3. Consent Calendar (6:03)
a. Minutes
December 2, 2014 Special Meeting (Recommend Approval)
December 9, 2014 Regular Meeting Minutes (Recommend Approval)
December 10, 2014 Special Meeting (Recommend Approval)
December 22, 2014 Special Meeting (Recommend Approval)
b. Bills
General Fund $561,946.78
(Recommend Approval)
Gourdie-Fraser
Utility Receiving Fund $26,984.01
(Recommend Approval)
c. Building Department 2014 Statement of Operations and Annual Report
(Recommend Approval)
d. MTT Report (Receive and File)
Schmuckal moved and Wilson seconded to adopt the consent calendar as presented.
Yeas: Schmuckal, Wilson, Agostinelli, Featherstone, Blood Law, Schumacher
Nays: None
4. Correspondence (6:05)
a. Grand Traverse Conservation District – December Report
5. Reports
a. Construction Report (6:05)
No report
b. Sheriff’s Report (6:06)
Lieutenant Chris Barsheff reported that in December of 2014, 1,467 calls were answered in the township and added that calls were down from November because of the mild weather in December. At the next meeting, he will review his goals for 2015 and review and analyze the statistics for any trends. He discussed fraud and property crimes, the car larcenies at the Great Wolf Lodge, and the Public Safety event in the mall.
c. County Commissioner’s Report (6:09)
Commissioner Christine Maxbauer has been elected as Chairman for the County Board of Commissioners. She discussed new Commissioner Ron Clous, the membrane issue that DPW is facing, and the Township CPO’s. MERS has agreed to work with the county to allow them to discontinue two defined benefit pension plans through the circuit court. The Township resolutions regarding the Cass Road Bridge and the Hartman-Hammond Bridge will be on the Ways and Means agenda.
d. Personnel Committee Report (6:11)
Schmuckal would like to discuss her report under item 7.c.
e. Treasurer’s Report (6:12)
Blood Law said the revenue sharing for the year was up 3.13% which is approximately $50,000. She stated no major changes in her end of year
report and will present the banking institutions under item 7.b.
f. Clerk’s Report (6:14)
Schumacher submitted her report in writing and added that the Personnel Committee conducted interviews with Deputy Clerk candidates. She is asking that the Board approve a $40,000 salary for the position so that an offer can be made.
Schmuckal moved to allow Lanie McManus to offer a salary of $40,000 for the 2015 year to a qualified Deputy Clerk candidate. Featherstone
supported the motion.
Yeas: Schmuckal, Featherstone, Blood Law, Wilson, Agostinelli, Schumacher
Nays: None
Agostinelli announced that this would be Clerk Kay Schumacher’s last meeting before retirement and has very much enjoyed working with her. Kay returned the sentiment and stated that she enjoyed working with the Board.
g. Supervisor’s Report (6:20)
Korn submitted his report in writing and asked that the board approve Schmuckal’s attendance at the CPO meeting. He stated that the collective bargaining unit contract and letter of understanding was completed and signed. The circuit court denied the Township’s request for an injunction against the South Airport Cannabis Collective. Several Townships have adopted resolutions in support of the Hartman-Hammond Bridge. The Personnel Committee discussed reducing the non-contract employees’ personal time allowance. Korn recommends further discussion and decision by the Board. Korn recommends maintaining the current level and removing the pay-out for unused time.
Featherstone moved and Schumacher seconded to allow Schmuckal to attend the CPO meeting with Supervisor Korn.
Yeas: Featherstone, Schumacher, Blood Law, Wilson, Agostinelli, Schmuckal
Nays: None
h. Road Commission Update (6:23)
Mouser said he was selected as Chairman for the year 2015 and will now serve Long Lake Township and Garfield Township for the Road Commission. Bids for 2015 road projects are already out and the LaFranier bids will be opened this week. The LaFranier Road project will be a phased 3-4 month project. A budget was also approved for Capital Improvements and includes two new plow trucks and a force feed loader. Andy Marek was selected as a new Commissioner.
6. Unfinished Business
a. PD Report No. 2015-01 – Premier Manor – Major PUD Amendment – SUP 2003-06-D, submitted by Woodmere Crossing LLC
Larrea stated that the Major PUD Amendment is replacing an approved 72-unit multi-family building with a more modern and larger 72-unit multi-family building.
Larrea addressed the conditions and added a sentence to condition #4 which reads, “Purchase of insurance shall be the sole liability of the Applicant and proof that insurance will be maintained shall be provided to the satisfaction of the Township Attorney prior to the occupancy of Premier Manor.” He has contacted the developer regarding the concerns brought up by a resident and is satisfied that the developer will comply and concerns will be addressed.
Blood Law moved and Schumacher seconded that the Planning Commission’s Adopted Findings of Fact, in support of approval of application SUP 2003-06-D, BE APPROVED.
Yeas: Blood Law, Schumacher, Agostinelli, Featherstone
Nays: Wilson, Schmuckal
Blood Law moved and Featherstone seconded THAT Application SUP#2006-06-D, submitted by Woodmere Crossing LLC for a Major Amendment to the Premier Place PUD, BE APPROVED based on the Planning Commission’s Adopted Findings of Fact, and subject to the following conditions as amended:
a. Concerning the private railroad crossing:
1. Woodmere Crossing, LLC and Premiere Place LLC and Premiere Place Condominium Association have obtained a Private Crossing Agreement with Great Lakes Central Railroad Inc. (Agreement Number TC24.1 dated September 18, 2012) that provides access to the Development.
2. The approval of the Special Use Permit is conditioned expressly on this access being open and available for the Development.
3. The Applicant, or Applicant’s successors or assigns, shall be responsible for ensuring that all terms of the Crossing Agreement shall be complied with, including but not limited to yearly payment of consideration and maintenance of required insurance policies.
4. Garfield Township shall be named as an additional insured on all insurance policies required by the Crossing Agreement. Purchase of
insurance shall be the sole liability of the Applicant and proof that insurance will be maintained shall be provided to the satisfaction of the Township Attorney prior to the occupancy of Premier Manor.
5. The Applicant shall deposit $5,000 in an escrow account that may be drawn on by the Condominium Association or the Township in the event that the payment obligations under the Crossing Agreement are not met. The Township may require that the escrow be replenished if drawn down to make any payment owed under the Crossing Agreement.
6. In addition to the escrow above, the Township may (but is not obligated to) pay any obligation that becomes due and/or correct any Default of the Crossing Agreement on behalf of the Applicant. The Township shall be entitled to reimbursement of all of its actual expenses in curing the default, including but not limited to its actual attorney’s fees, along with a penalty payment in the amount of $500 or an amount equal to the amount owed and not paid that caused the default, whichever is greater.
7. The Applicant shall secure all necessary agreements to Assignment of the Crossing Agreement prior to the Applicant transferring its interest in the property/development that the Crossing Agreement serves.
b. The pedestrian pathway within the Conservation Easement shall use Best
Management Practices to limit grading and damage to the vegetation and hillside.
1. Prior to commencement of pathway construction, a separate grading plan for review of the northern pedestrian pathway by the township engineer shall be provided. Locations and fencing limiting the construction area within the easement shall be indicated on the plan and be approved by staff and the township engineer prior to grading.
2. The construction of the pedestrian pathway shall be constructed with the small scale equipment that will limit negative impact to the conservation easement.
3. The pathway shall be constructed as to not damage the large oak tree within the northern buffer area.
c. Lighting compliance shall be maintained. Final review of lighting fixture acceptable and routine illumination levels, and photometric plans is subject to Staff review.
d. Concerning the road and driveway network:
1. Final completion of all existing Premier Place condominium and all proposed Premier Manor asphalt top coating shall be completed prior to
the occupancy of the Premier Manor structure, including completion of Simsbury Street.
2. Future roads which are part of the final (northeast portion) of the condominium need not be completed at this time, with the exception of
Simsbury Street.
3. A bond for the entire cost of final completion of all required paving, based on multiple valid estimates, plus an additional 10% shall be provided prior to issuance of a Land Use Permit. Occupancy of the building shall not take
place until all asphalt is completed.
4. All construction traffic shall utilize the existing construction access drive from Woodmere road and shall not use streets within the existing residential portions of the development.
e. A storm water management system maintenance plan shall be provided and accepted by the township engineer prior to the issuance of a Land Use Permit.
f. The applicant shall install a split rail or chain link fence along the area of the Conservation Easement prior to the issuance of a grading and/or Land Use Permit to ensure protection.
1. The Conservation Easement shall not be graded or trespassed upon in any manner to support the grading or construction of the Premier Manor Building or project.
2. The fence may be removed following completion of construction and prior to
occupancy of the building with the written consent of the Planning Director.
3. Trees within the Conservation Easement shall not be damaged during construction.
g. The applicant shall work with Staff in good faith to identify trees which may be saved and protected, or otherwise relocated, throughout construction. Trees which are going to be saved shall be protected by temporary fencing prior to a
grading permit.
h. The applicant shall record promptly the Report and Decision Order (RDO) and any amendment to such order with the Grand Traverse County Register of Deeds in the chain of title for each parcel or portion thereof to which the RDO
pertains. A copy of each recorded document shall be filed with the Township or within ninety (90) days of final approval by the Township or approval shall be considered to have expired.
i. No land use permits shall be issued until all required recorded documents have been provided to the Township.
j. The applicant shall provide two (2) full-sized plan sets, one (1) 11”x17” plan set, and one (1) electronic copy of the full application (in PDF format)with all updates as required by the conditions of this approval.
k. Any violation of a condition of approval shall immediately halt construction until a hearing before the Township Board has been scheduled and an agreement, if any, is reached. Failure to comply with this condition shall constitute a violation of the permit and grounds for revocation of the Special Use Permit following a public hearing.
Yeas: Blood Law, Schumacher, Agostinelli, Featherstone
Nays: Wilson, Schmuckal
7. New Business
a. PD Report No. 2015-02 – Consideration of bids for hazardous tree removal services at the Grand Traverse Commons (6:40)
Schmuckal moved and Featherstone seconded to recommend that Deering Tree Service be awarded the contract for tree removal at the Grand Traverse Commons at a cost of $29,500.00 to come from the Parks budget.
Yeas: Schmuckal, Featherstone, Wilson, Schumacher, Agostinelli, Blood Law
Nays: None
b. Resolution 2015-01-T Financial Institutions with which the Township does
Business
Wilson moved and Schmuckal seconded to adopt Resolution 2015-01-T
Financial Institutions with which theTownship does Business.
Yeas: Wilson, Schmuckal, Schumacher, Blood Law, Featherstone, Agostinelli
Nays: None
c. Personnel Policy For Non-Union Employees
Board members agreed that consistency in unused days should be consistent for
Union and non-Union employees. There was discussion about whether or not to
suspend the vote until further discussion is had and until the Supervisor is
present.
Schmuckal moved and Wilson supported to have the wording for Personnel
Policy for the non-Union to reflect the same as the Union.
Yeas: Schmuckal, Wilson, Blood Law, Agostinelli
Nays: Featherstone, Schumacher
8. Public Comment: (6:53)
None
9. Other Business (6:53)
Blood Law has been in contact with Gourdie-Fraser to obtain a list of projects to be completed in 2015 so that she can financially plan for investments.
10. Adjournment
Agostinelli moved to adjourn the meeting at 6:55pm.