Board Meeting Minutes 10/24 – Waterloo Township

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Waterloo Township Clerk

Waterloo Township Board Meeting Unapproved Minutes

24 October 2017    7:00 P.M.

9773 Mt. Hope Road

Munith, MI 49259

Call to Order:  7:15 p.m.

Present:  Lance, Walz, Kitley, Morency, McAlister. Also present 6 residents and representatives from Verizon

Public Comment: Pat Deanhofer said how nice the sound deadening panels looked and that they were working well.

Kitley motioned with support from McAlister to accept the consent agenda as presented.  Aye/all; no/none.  Motion carried.  Kitley stated that SAESA fire members had been to Roscommon to participate in an extrication competition and had board member Josh McAlister, who was one of the fire group there, explain what it was and that our Stockbridge fire group took 1st Place this year.

Old Business:

Rose LaForest gave a presentation on Broadband Internet possibilities for our Township.  Lyndon Township had recently approved a 2.9 millage for 20 years to support having this internet service installed in their township for all of the residents.  She would like to hold a Town Hall meeting to present information to Waterloo residents.

New business:

Morency gave an update on the Planning Commission meeting that took place on October 17, 2017.  The letter was discussed from the Fahey Law Firm and asked that we check with the firm to make sure the contract for cost to look over the Zoning Ordinances when completed was not time bound.  They had approved the cell tower installation on Klink property with conditions.  It was presented to the Township Board for approval.

Tangee Mann spoke of being at the Planning Commission Hearing regarding the cell tower, arriving late and that she was denied comment because they had already moved on to the Planning Commission meeting regular business session.  She was told that the hearing was closed when she entered.  She also stated that the letter received regarding the hearing was poorly written regarding date when written comments had to be received by.  She also stated that the tower should be placed on a “dump” on the property.  The cell tower engineer stated that the soil would be structurally unstable on a dump and that was not the location of the tower.  Lance motioned with support from McAlister to recommend approval of a Special Land Use for parcel #000-05-25-276-001-12 with access at 15810 Gorton Rd., including: (Verizon Cell Tower)

Approval of the Amended Site Plan

The following Finding of Fact, and with

Demonstration of full compliance with the following 11 listed conditions for this Class One Cell Tower:

Annual inspections by the Zoning Office to ascertain compliance with the above Findings and conditions of the approval of this Special Land Use.  The Zoning Office will inspect the parcel and based on findings will prepare a written report and submit it to the Planning Commission within 60 days of the annual anniversary of the permit’s approval.  The Planning Commission will review the report and if there is evidence of non-compliance may make recommendations to the Township Board.  The Lessee will be given 60 days to respond in writing to the specifics of non-compliance prior to consideration by the Township Board of the Planning Commission’s recommendation.  If found in non-compliance with the approved Site Plan, Findings and Conditions of approval, the Township Board may revoke the approval of this Special Land Use.

Because of the specific threats and hazards of communication cell towers and this site the use of 3 strands of barbed wire in the security fencing is permitted.

Submission of proof that the operations are in compliance with the current applicable County, State, FAA and FCC regulations and future inspections to verify compliance with those regulations.

The lessee will submit an application for a building permit, and comply with all applicable provisions of the Codes, and will obtain a final approval by the Building Department.  Compliance will include adequate corrosion prevention, lightning strike protection and adequate grounding and wind-loading design.

The LED lighting under the canopy will only be used during maintenance and repair of the equipment or activated by a security breach.

Amend the site Plan to specify white spruce instead of white pine trees.

Submission of a Performance Bond adequate to remove the tower, equipment and fencing.  The lessee may suggest an amount necessary for this reclamation with approval by Township attorney.

There will be no obstructions to anticipated public emergency equipment and vehicle access to the tower along the private drive.

The lessee will comply with current and future reasonable collocation requests.

Inspection by the Zoning Office for compliance to these conditions prior to operation of the cell tower.

Provide proof of liability insurance.

Aye/all; no/none.  Motion carried.

Lance motioned with support from Walz to approve the snow plowing bid from Green Shades Snow Plowing/Lawn Mowing for $100 per visit at 1.5 – 3 inch depth, overnight snows over 3 inches and up to 5 inches will be plowed and salted once at a bid of $160; snow accumulations over 5 inches requiring multiple plows at the $100/price per plow.  Salt only of parking lot/driveway and clearing only of sidewalks for 1 inch or less will be $45 per visit.  Roll call vote:  Yes/Morency, McAlister, Walz, Kitley, Lance.  No/none.  Motion carried.

Walz motioned with support from Kitley to adopt ordinance O-17-10-24-1 to “Opt Out” thus prohibiting the Commercial Medical Marijuana Facilities from using Waterloo Township for this purpose.  Roll call vote:  Yes/McAlister, Walz, Kitley, Lance, Morency.  No/none.  Motion carried.

Lance motioned with support from Walz to approve resolution R-17-10—24-1 to Waive Penalty For  Non-filing of Transfer Affidavit

WHEREAS, the Property Tax Act, at MCL 211.27b(1)(c) and (d), establishes that if a buyer, grantee or transferee does not file the Transfer Affidavit (form L-4260) within 45 days of a “Transfer of Ownership”, a penalty of $5 per day, up to a maximum of $200 for residential property, $20 per day up to a maximum of $1,000 for commercial and industrial property under $100,000,000 and $20,000 for property over $100,000,000; and

WHEREAS, the Property Tax Act does not allow the penalty to be collected by placement on the tax rolls; and

WHEREAS, the Property Tax Act, at MCL 211.27b (5), allows the governing body of a local tax collecting unit to waive, by resolution, the penalty levied under MCL 211.27b(1) (c) and (d); and

WHEREAS, The Township Board of Trustees has no desire to implement this penalty, and

NOW, THEREFORE, BE IT RESOLVED, that all penalties under MCL 211.27b (1)(c) and (d) for non-filing of the Property Transfer Affidavit (form L-4260) is waived and will not be levied.   Aye/all; no/none.  Motion carried.

The Headlee Act Override  was discussed regarding the fact that 1 mill was voted in but we are currently set at a little over .7.  There will be no action at this time.

Other Business That Comes to the Board:  Walz stated that she would like to set up a Facebook page for the Township to keep people informed of what is happening at the Township.  She also spoke of adding a group to our groups using the Township Hall facility to do cardio exercise and working on healthy choices 2 or 3 nights a week.

Public Comment:  Kitley asked that Peggy Beals be thanked for binding the copies of the new updated Master Plan.  There will be copies at the Township to view as well as viewing it on our website.  Each Board Member also received a copy.

Walz motioned with support from McAlister to adjourn at 8:52 p.m.  The next Planning Commission meeting will be on November 21, 2017 at 7:00 p.m. and the next regular Board meeting will be November 28, 2017 at 7:00 p.m.

Submitted by:  Janice Kitley, Clerk



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Seth Kinker

Reporter/Digital Media for The Sun Times News

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