1. – 3. CALL TO ORDER. The Charter Township of Orion Board of Trustees held a regular meeting on Monday, April 2, 2007, at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan. Supervisor Dywasuk called the meeting to order at 6:15 p.m.
BOARD MEMBERS PRESENT: Dywasuk, Young, Bastian, Garlicki, Gibb, Porter, Steimel. EXECUTIVE SESSION. Moved by Porter, seconded by Young, to go into Executive Session to discuss Orion v. Comparoni and Personnel Attorney Opinion Letter. AYES: Steimel, Gibb, Young, Bastian, Porter, Garlicki, Dywasuk. NAYS: None. MOTION CARRIED: 7-0. The Board was in Executive Session from 6:15 p.m. until 7:20 p.m. Moved by Young, seconded by Garlicki, to reconvene the regular meeting. MOTION CARRIED. Moved by Gibb, seconded by Porter, to appoint Trustee Garlicki as acting Secretary for tonight’s meeting, in light of the Clerk’s continuing disability. MOTION CARRIED. Moved by Bastian, seconded by Young, in the matter of Orion v. Comparoni, to authorize the Township attorney to proceed as directed. MOTION CARRIED. OTHERS PRESENT: Shannon Ozga, Jim Clark, Gerald Banks, Mary Sakala, Jerry Richards, Eugene Scypinski, George Hanley, Neal Searle, David Proksch, Scott Hassmach, Jake Regits, Roger Ebejer, Mary MacMaster, Jennifer Mercier, Ryan Lewandowski, Kim Ebejer, Steve Danton, Jeff DeBastiani, Mike Lossing, Mike Korb, Ruth Costigan, Steve Hoffman, Eric Wold, John Abel, Carol Kurtz, Rich Saccro, Melonie Wright, Joseph Belanger, Richard Borg, Richard Lintz, Amanda Johnson, David Sherman, Bill Kokenos, Will Wilsher, Geoff Gates, Richard Benoit, Cathy Kimmel, Edward Peters, MaryAnne Cavanagh, Debbie Wellman, Pam Omilian, Mary Blair, Lil Hutchison, Mark Wellman, Mary Blaszczyk, Stephen Pawlowski, Pam Hutchison, Justin Dunaskiss, Debby Lhota, Paul Malzahn Jr., Peter Stressman, Vicki Weichel, Greg Lhota, Carl Johnson, Jim Carpenter, Craig Kempenaar, John MacMillan, Curtis Smith, Allen Widgren, Cathy Kempenaar, Scott Weaver, Susan Hughes, Dan Dendel, Mat Dunaskiss, Cindy Searle, Maggie Hughes, Tom Sakala, Jim Delavan, Richard Hine, Bill Ireland, Ed Roberts, Tom Carroll All rose for the Pledge of Allegiance. Trustee Gibb gave the Invocation. 4. PROCLAMATIONS. A. National Child Abuse Prevention & Awareness Month. Supervisor Dywasuk proclaimed the month of April 2007 as “National Child Abuse Prevention & Awareness Month” in the Charter Township of Orion. B. Fair Housing Month. Supervisor Dywasuk proclaimed the month of April 2007 as “Fair Housing Month”.
5. APPROVAL OF BILLS. Moved by Young, seconded by Porter, to authorize payment of the bills dated March 22, 2007, March 29, 2007, and March 30, 2007, in the amount of $581,667.28, including all computer-generated and manual checks; and to concur with the payment of payrolls in the amount of $86,283.67, as presented, for a total disbursement of funds of $667,950.95. AYES: Garlicki, Porter, Steimel, Young, Dywasuk. NAYS: Bastian, Gibb. MOTION CARRIED: 5-2. Moved by Bastian, seconded by Young, to authorize the upcoming expenditures listed for which payment will be required prior to the next Township Board meeting, as presented. AYES: Young, Porter, Bastian, Steimel, Garlicki, Dywasuk. NAYS: Gibb. MOTION CARRIED: 6-1. 6. BRIEF PUBLIC COMMENT. Mary MacMaster, Orion Township, expressed displeasure on how her Freedom of Information Act (FOIA) request was handled by the Supervisor’s office. She asked for copies of the specific laws that were quoted in their response to her request for information. Jim Delavan was dismayed at recent comments in the newspaper, referring to some of taxpayers as being “cry babies” and being a “community that does not take care of its own” (referring to the recently defeated vote for a tri-community senior center). He also expressed discontent with Supervisor Dywasuk. Jerry Richards, President of Lake Orion Lake Association, commented on the Pine Island marina. He stated this issue violates Township ordinance and is asking for enforcement. He mentioned petitions presented opposing the marina in a residentially zoned area, noted a Michigan Supreme Court ruling similar to this issue, noted other homeowners will not be allowed the same, and is asking Board members to act against it. Roger Ebejer, Park Ave., submitted a petition from 34 residents who encircle Pine Island and oppose the use of the island as a marina. He added that the property is zoned residential and a marina would threaten the security of residents and affect the tranquility of the community with no benefit to the Township. He then asked how the public would know what the Board finally agrees to. Steve Hoffman supports Mr. Dunaskiss and feels it’s not unreasonable to rent five boat docks, considering the acreage (10) and lake frontage and that there will be no gas sold, engine repairs, or boat launching, which constitutes a marina. He stated that Mr. Dunaskiss wants to preserve the natural habitat and not sell off the lots which would bring even more boat traffic. Richard Borg lives across from Pine Island and feels if Mr. Dunaskiss can rent boat docks, he should also be able to. He was also concerned about safety, if docks are added to the channel between the island and the public launch. Jim Carpenter commented that Mr. Dunaskiss is “applying controlled growth” by not developing his property to its full extent and will also be able to control the hours and access to those docks. Pete Stressman, 480 Cushing, located adjacent to Pine Island, stated he and his wife did not sign the petition mentioned by Mr. Ebejer, has lived there for four summers and never had a problem with noise from the island. He supports Mr. Dunaskiss. Will Wilsher, 915 Buckhorn, commended the Lake Orion High School Robotics Team on taking second place in Regionals and asked for sponsorship for a team trailer. He questioned the large amount of the money ($500,000) being spent for fill-dirt clean-up at Friendship Park and asked for an investigation. [Supervisor Dywasuk stated an internal investigation has been started.] Melonie Wright, 352 Lake St., supports the additional dock(s) on Pine Island and to her knowledge they have been there the whole time and Mr. Dunaskiss should be able to do what he wants with his property. Steve Danton, 540 N. North Shore Ct., opposes dock rental on Pine Island. Dave Sherman, 1057 Cottonwood, expressed concern about road conditions on E. Clarkston Rd. and suggested not only additional gravel but to take care of drainage, as well. Dave Proksch, 228 Peninsular, with 150 feet of frontage, questioned how many of Mr. Dunaskiss’s supporters tonight are actually lake residents and asked the Board not to forget the petitions submitted in opposition. Mary Blaszczyk, 534 Central Drive, with 120 feet of frontage, opposes the marina. MaryAnne Cavanagh, lives directly across from Pine Island, signed one of the petitions, strongly opposes the marina, and commented there is loud noise from the island from people camping out and having parties. Jeff DeBastiani, 340 Torrey Pine Ct., utilizes Pine Island with his family and has not heard or seen any parties there. George Hanley, 860 Island Pte., with 400 feet of frontage, expressed concerned about precedents and management of what happens after. He noted there are several other lake property owners that can host a number of rental docks. Jake Regits, Lake Orion resident and family friend of the Dunaskiss’, has used Pine Island to fish since he was a kid and has never seen more than two or three boats parked there at a time that stay a couple of hours and leave. Tom Carroll, 465 Indianwood, reiterated how the petitions were put together in a short amount of time, noted safety issues such as getting to the island if there is an emergency, and stated that more docks would just be adding to the problem of an overcrowded lake. Geoff Gates supports Mr. Dunaskiss and noted it is vacant property, there should be no other use for it except as a preserve, and a nice place to put a “marina”. John MacMillan, 548 Fernhurst, asked how to get answers to the questions raised tonight in regards to Pine Island. [Attorney Ozga commented any decisions made by the Board regarding this issue will be made in open meeting.] Joseph Belanger, 140 S. Andrews, collected and submitted a petition with 35 signatures from Village residents last year in opposition to the Pine Island marina and only had one person refuse to sign as they were a friend of Mr. Dunaskiss. Steve Pawlowski, 2529 Cedar Key Dr., fully supports the Dunaskiss family trying to preserve the property and is a regular user of Lake Orion and Pine Island. Jim Clark, 525 Indianwood, commented Pine Island is an eyesore with dilapidated buildings and afraid it will get worse. He feels the Dunaskiss family should seek other alternatives. Justin Dunaskiss submitted letters of support he received from businesses and lake residents as to the continued use of Pine Island with five docks. Jose Allegiata, representing Oakland County’s hispanic community, said they believe the Pine Island issue has gone on too long and Mr. Dunaskiss has the right to use his property in his own personal way. Rich Lintz, 45 E. Flint St., supports Mr. Dunaskiss and does not want to see Pine Island go to development. Scott Weaver, 59 Sheron, commented the lake is full, there is plenty of other access to the lake, and more is not needed. Craig Kempenaar, 796 Central, noted the number of parties on the lake during holiday weekends which he has to listen to during his time off and feels this will happen on Pine Island too. Mat Dunaskiss, property owner, agrees the island needs to be cleaned up and is willing to do that. He responded to comments about other residents renting docks: the difference is his property has been in continuous use for non-residential boating for 60 years. The docks are being rebuilt from the old pilings and they are only talking about the addition of two more docks. He is proposing the docks in an area that won’t cause a hazard and will set as many user restrictions as possible. This is the only undeveloped property on the lake and he is giving up, voluntarily, the development rights to 10 acres, with 1 ½ miles of shoreline. He would be keeping traffic off the lake, preserving the lake, fighting against development, fighting for wildlife and preservation.
7. APPROVAL OF AGENDA. Item 8.C. Amendment to Ordinance 110 was removed from the Agenda for Township legal counsel review. Trustee Garlicki requested that Items 8.A. Water Rates and 8.F. Reschedule April 30th Meeting be moved to Pending Business for discussion; also that Item 8.E. Donation of Services by OHM be considered as the first item under Pending Business. Moved by Gibb, seconded by Garlicki, to approve the Agenda, as amended. MOTION CARRIED. 8. CONSENT AGENDA. A. 2007/2008 Water Rates. (moved to 9.B.) B. PC-06-28, Ord. 78 Amendment, Michigan Zoning Enabling Act Updates: First Reading. Held First Reading of PC-06-28, Text Amendment to Zoning Ordinance No. 78, Michigan Zoning Enabling Act Updates, as recommended by Planning Commission, and directed Clerk to publish for Second Reading and possible adoption at May 1, 2007 meeting. C. Amendment to Ordinance 110, Parking Violations Bureau: First Reading. (removed for attorney review) D. Employee Promotion. Authorized the promotion of Eve Ryan from Clerk Typist – Voter Registration to the position of Elections Coordinator/Administrative Assistant to the Clerk, (Level 6, Year 5, full-time/40 hours per week, Clerical Union position) at starting pay rate of $20.89 per hour plus benefits, effective April 5, 2007; further, approved minor revisions to the job description for Clerk Typist – Voter Registration; further, authorized Supervisor’s office to post/advertise the vacancy for Clerk Typist – Voter Registration, with the Township Clerk to provide the posting date. E. Accept Donation of Engineering Services from OHM. (moved to Pending Business) F. Reschedule April 30, 2007 Board of Trustees Meeting. (moved to 9.C.) G. Revise Parks and Recreation Refund Policy. Approved the change in the Parks & Recreation Refund Policy to reflect that on-line registration convenience fee is not refundable, effective immediately. H. DPW Vehicles Purchase. Authorized the replacement of two (2) vehicles, per the Director of Public Works’ memo of March 26, 2007, through the Oakland County Bid Program, at a cost not to exceed $50,103. I. Notice of Solicitation: Clean Water Action. Received and filed the Notice of Solicitation from Clean Water Action of their intent to conduct a door-to-door canvass in Orion Township, April-August 2007, per the provisions of Ordinance 95, Peddlers & Solicitors Regulation.
Moved by Garlicki, seconded by Gibb, to approve the Consent Agenda, as amended. AYES: Gibb, Steimel, Garlicki, Bastian, Young, Porter, Dywasuk. NAYS: None. MOTION CARRIED: 7-0. 9. PENDING BUSINESS. [8.E.] Accept Donation of Engineering Services from OHM. Jim Stevens, OHM, Township engineering consultants, commented that, in appreciation of serving the Township for more than 25 years, OHM would like to donate its design services for the Amphitheater Project, including preparation of contract documents and sub-work specification packets. [Rock Blanchard, Parks & Recreation Director, expressed his appreciation for the donation.] The Township Board accepted the donation from Orchard, Hiltz, & McCliment, Township engineering consultants for 25 years, of $8,000 in services, for the Amphitheatre Project. A. Road Gravel Cost Estimate. Jim Stevens, OHM, Township engineers, supplied an informational letter, dated 3.28.07, as requested by the Board at the last meeting, regarding purchasing additional gravel through the Road Commission and a list rating the main gravel roads in need of attention; he briefly went over the information with the Board of Trustees, noting that gravel is spread to a depth of approximately 3”, with less or more in some areas, as necessary. He commented that their rating system is being coordinated with the Road Commission. Board discussion of how much the Township should participate as the roads are under the jurisdiction of the County Road Commission [it was noted that since RCOC funds are limited, they have verbally agreed to spread the additional gravel if the Township pays for it]; if the Township chooses to do something, whether the Township or RCOC should determine which roads are to receive gravel; ditching should also be considered as part of the solution; developing criteria and setting aside a specific amount for road maintenance and addressing the matter in more detail during budget discussions; from where the funding should come: fund balance, General Capital Improvement Fund, $400,000 from Dutton Partners Consent Judgment; Host Fee Fund; the $3.2 million restricted for Baldwin Road widening; 50/50 Drainage Funds; Tri-Party Program (this year’s funds already spent); prioritizing the various gravel roads on the OHM list [it was noted that 42 miles of gravel roads exist in Orion Township]; that the cost for 21AA gravel is approximately $12.50-$13.00 per ton and RCOC could assist with negotiating and administering the bid. [The Township attorney’s letter on the matter was referenced, as well.] Carol Kurtz, 815 N. Conklin, noted the “crowning” of the road is bad which creates a serious drainage problem when it rains. Bill Kokenos, 1140 American Elm, also commented on poor drainage along E. Clarkston Rd. that needs to be fixed first and that double-tandem trucks need to be stopped from using some of the gravel roads, which creates more of a problem than car traffic volume. Richard Hine, 1132 American Elm, commended the Board on what they are trying to do. There have been numerous articles in newspapers regarding what is being done in this community. He is also concerned, though, about the amount of traffic on these gravel roads. Alan Widgren, 1120 American Elm, wanted to note specifically the section in front of the Bald Mountain subdivision entrance: this is the worst section of E. Clarkston Road. Lillian Hutchison asked if the Board is going to allocate money yearly to help dirt roads or all roads. [It was noted that funds are budgeted each year to assist residents with resurfacing their roads, which is done as a Special Assessment District through the Road Commission, with the Township usually contributing 10% of the cost of the project.] Carl Johnson, 978 River Valley, expressed thanks to the Board for being pro-active on this issue, but also understands Board members concern about having criteria and budgeting funds; he noted that E. Clarkston is used as a cut-through road to M-24. [Waldon Road was removed from being considered because it is believed that it is going to be paved from the Township boundary line to the existing pavement.] Moved by Garlicki, seconded by Porter, to authorized the purchase of 19,200 linear feet of 21AA limestone/gravel, at a cost not to exceed $100,000, to be spread on various public gravel roads in the Township, selected from the list as prepared by the Township engineers, as follows: Indian Lake Road east of Conklin, the whole north portion of Conklin from Golfview to Indian Lake Road, all of south Conklin (south of Miller Road to Orion Road), all of east Clarkston Road, 2,500 feet of Kern Road (east, north of the bridge), and the balance of the funds to go to Coats Road, contingent upon the Road Commission for Oakland County administering the bidding process and spreading the gravel at no charge, as agreed upon, as part of the Spring 2007 public gravel road grading/maintenance program, with the funding to come from the Host Fee Fund. AYES: Garlicki, Steimel, Young, Porter, Gibb, Bastian, Dywasuk. NAYS: None. MOTION CARRIED: 7-0.
Clerk Bastian left the meeting at 9:45 p.m. B. 2007/2008 Water Rates (moved from 8.A.). Moved by Porter, seconded by Young, to not pass the water rate increase, received from the City of Detroit, on to the citizens of Orion. AYES: Porter, Steimel. NAYS: Garlicki, Gibb, Young, Dywasuk. ABSENT: Bastian. MOTION FAILD: 2-4. Supervisor Dywasuk commented before he can make a decision, he would like to know what affect this will have on the Water & Sewer Department, on the average citizen, and the impact to revenue loss long-term. Bill Ireland, Director of Public Works, clarified that water rates are currently being subsidized with Water & Sewer Fund interest earnings; but it is his opinion that these small increases should be passed along to avoid a potentially bigger problem in the future. He stated that he can have additional information for the next meeting, but does have notification requirements for some customers. [Treasurer Young also offered to do an analysis.] Trustee Gibb expressed concern about preserving the principal of the Water & Sewer Fund. Moved by Garlicki, seconded by Gibb, for Mr. Ireland to bring more detail to the next meeting so the Board can better consider this issue. MOTION CARRIED. C. Reschedule April 30, 2007 Board of Trustees Meeting (moved from 8.F.). It was explained that the meeting originally set for May 7th (day before Township elections) was moved to April 30, 2007 (a fifth Monday). Supervisor Dywasuk is requesting this date be changed to May 1st due to a Town Hall meeting of the Alliance of Coalitions for Healthy Communities which, in his opinion, it is important for Board members to attend. Trustee Garlicki is opposed to changing the date due to the fact it has already been moved once, and May 1st presents a challenge for him. There was discussion on scheduling it to another date or cancelling it. Due to invoices needing approval before the meeting of May 21st, it was decided the meeting could not be cancelled. Moved by Young, seconded by Garlicki, to leave the Board meeting on Monday, April 30th. MOTION CARRIED.
10. REPORTS. A. Investment Report. Moved by Gibb, seconded by Steimel, to receive and file the Investment Report, dated April 2, 2007, as submitted by the Treasurer. MOTION CARRIED. B. Dispatch and Hydrant Report. Trustee Garlicki, a member of the Joint Fire/Dispatch Issues Committee, reported that they met with the Village on Thursday, March 29, 2007, and will bring a full report to the next meeting. In regards to the Dispatch Agreement, the Fire Chief made recommendations of a smaller percentage increase than what the Village was looking at. The Township is requesting that dispatchers are 911-certified. There was discussion on the hydrants: Trustee Garlicki is suggesting both sides provide a synopsis of their perspective on the issue. Metering rates for Fire Station #1 and potentially taking over a water district from the Village was also discussed. Another meeting will be needed to come up with some final decisions and where to propose a dispatcher unit for both communities. He concluded they very much want this settled soon and in a fair manner. Trustee Steimel commented the hydrant issue has gone on a long time and the amount of money is not substantial. This needs to be resolved and, in his opinion, is a health, safety, and welfare issue.
11. PUBLIC COMMENT. Mary MacMaster, Orion Township, concurred with a Letter to the Editor in the March 21st Lake Orion Review titled Audit Under Fire. It is her opinion that the Forensic Audit was a waste of taxpayers dollars and expressed dismay with Deputy Supervisor Jill Verros. Jim Delavan noted his displeasure with Supervisor Dywasuk and with Trustee Gibb, agreed with Ms. MacMaster’s opinion on the Forensic Audit, and commended Trustee Porter on not wanting to increase water rates. Lillian Hutchison inquired about parking for the offices being constructed on Baldwin Road by the Clark station. [Trustee Steimel responded that this development is part of the subdivision approved by the Planning Commission and that she can call the Building Department for specifics.] Mat Dunaskiss corrected one of his earlier comments: they will only be putting in one (1) new dock. Also, he spoke to Building Official Tom Berger and was informed there are no ordinances that regulate boat docks; therefore, he could put a boat dock on each sidwell he has. He then commented on the gravel road issue. Diane Dunaskiss (?) noted that Pine Island is the only tract of land on Lake Orion that supports animal life both in the water and on land and would hate for those “residents” to be displaced because of the need to build homes. The Board should support people who want to preserve such land. Ed Roberts, a member of LOLA, commented it is against MDNR regulations to allow anyone but immediate family to use personal boat docks unless you are operating a marina.
12. BOARD MEMBER COMMENTS. Trustee Steimel – to continue the discussion, in the future, of road maintenance options; consider an allocation of funds for all roads; and to pressure the Road Commission to fix road drainage. Trustee Gibb – noted the Hansen group is doing marathon training and to use caution around them; commended the Robotics Team; commented on the Howarth School Project and the enthusiasm of the kids; the Forensic Audit “is what it is”, there are policies the Township needs to consider, and the Board needs to direct what happens next. Treasurer Young - the bell-housing for Howarth School is being repaired and the bell has been located. The Reconnaissance Survey is moving along and there is a list in her office of properties they need help identifying and getting their history; there will be a press release asking for volunteers for this. Trustee Garlicki - attended the public session for the Parks & Recreation Master Plan, which was an excellent opportunity to view the mapping of individual parks and the future make-up of parks; he commended the company doing this and encouraged Mr. Blanchard to hold another session to get more public input. He also asked the Supervisor for a speed limit update on dirt and gravel roads. Trustee Porter - appreciated the Board supporting the gravel road issue; was unhappy the telephone pole on Joslyn Road is still there and will mention it to DTE at a meeting he will be attending; and noted Palazzo Di Bocce restaurant donated $5,000 to the Orion Veterans’ Memorial. Supervisor Dywasuk – directed anyone with factual information on any issue to send it to the Clerk’s office or the Supervisor’s office.
13. EXECUTIVE SESSION. Moved by Steimel, seconded by Porter, to go into Executive Session to discuss Dunaskiss v Orion and acquisition of land. AYES: Young, Steimel, Garlicki, Porter, Gibb, Dywasuk. NAYS: None. ABSENT: Bastian. MOTION CARRIED: 6-0. The Board was in Executive Session from 10:30 p.m. until 12:20 a.m. The regular meeting reconvened at 12:20 a.m. The Township Board directed the Township attorney to proceed as directed in the matter of Orion vs Dunaskiss. MOTION CARRIED. 14. ADJOURNMENT. The meeting was adjourned at 12:25 a.m.
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