CONSENT AGENDA - Tyrone Township OF TRUSTEES... · tyrone township board & planning commission...

TYRONE TOWNSHIP BOARD & PLANNING COMMISSION JOINT MEETING AGENDA

APRIL 21, 2015 – 7:00 P.M. (810) 629-8631

CALL TO ORDER – PLEDGE OF ALLEGIANCE – 7:00 P.M.

ROLL CALL APPROVAL OF AGENDA – OR CHANGES

APPROVAL OF CONSENT AGENDA

Regular Board Meeting Minutes - March 31, 2015 Regular Board Meeting Minutes - April 7, 2015 Treasurer’s Report Clerk’s Warrants & Bills

COMMUNICATIONS

1. Revenue and Expenditure Report 2. Building Code Effectiveness Grading Schedule Program, March 26, 2015 3. Livingston County Sheriff’s Report- March 2015 4. Fire Runs Billed, Fiscal Year 2014-2015

PUBLIC REMARKS BOARD AND PLANNING COMMISSION JOINT MEETING

1. Noise Ordinance 2. Blight Ordinance 3. Medical Marijuana amendments for outdoor growing 4. Land Division and Zoning Ordinance amendment to allow land divisions with

greater than 4:1 depth to width ratios when conditions set forth in the Land Division Act are met

5. Outdoor Furnace regulations update 6. Regulation vs. zoning ordinances 7. Accessory structures 8. Open space requirements 9. Referencing and indexing the zoning ordinance

NEW BUSINESS

1. Lake Tyrone sewer project resolutions 2. Property sale offer 3. Request of the Supervisor to purchase water filter 4. Runyan Lake fireworks permit request 5. Request of Treasurer cashier to attend BS&A training for TAX.net 6. PEG grant request

MISCELLANEOUS BUSINESS

PUBLIC REMARKS

ADJOURNMENT

* * * * * * * * * * * * * * * * *

Supervisor Mike Cunningham Clerk Keith L. Kremer Please note: The Public Remarks section appears twice on the agenda - once after Communications and once before Adjournment. Anyone wishing to address the Township Board may do so at these times. The Tyrone Township Board has established a policy limiting the time a person may address the board at a regular or special meeting during the Public Remarks section of the agenda to three minutes. The Board reserves the right to place an issue under the New Business section of the agenda if additional discussion is warranted or to respond later either verbally or in writing through an appropriately appointed Township Official.

CONSENT AGENDA

TYRONE TOWNSHIP PUBLIC HEARING & REGULAR BOARD MEETING

APPROVED MINUTES – MARCH 31, 2015 CALL TO ORDER Supervisor Cunningham called the meeting of the Tyrone Township Board to order with the Pledge of Allegiance on March 31, 2015 at 7:00 p.m. at the Tyrone Township Hall. ROLL CALL Present: Supervisor Mike Cunningham, Clerk Keith Kremer, Treasurer Marna Bunting-Smith, Trustees Soren Pedersen, Cam Gonzalez, David Walker, and Chuck Schultz. PUBLIC HEARING The purpose of the public hearing was to review the proposed Public Safety Special Assessment for police and fire protection and to hear and consider the comments and objections to the estimate of cost, the creation of a special assessment district. Supervisor Cunningham opened the public hearing at 7:01 p.m. Clerk Kremer gave a presentation explaining the public safety proposal. Three letters of support and 5 letters of opposition were received. The total amount of land represented by opposed owners was less than one percent. Comments included: Support- Nancy Day (8370 Center Rd.) commented without fire protection insurance premiums will increase more than the special assessment. Opposed- Arlene Arledge (10254 Center Rd.) said the vote for public safety failed in the last election and the board should respect that. Opposed- Bob Byerly (8215 Linden Rd.) thinks the decision should go to a vote and the survey was a waste. He said the fire department has to come out anyway and the roads should be fixed first. Opposed- Glen Byerly (8191 Linden Rd.) opposes the special assessment and said only users of the service should pay. Support- Phil Peters (7251 Parkwood) said public safety is a valuable service and he has saved over $300 a year with the favorable ISO rating for fire protection. Support- David Lantz (8028 Ore Knob Dr.) was pleased with the results of the survey in favor of public safety. Support- Dan Wolf (10480 Foley Rd.) wants the protection and insurance rates would exceed the cost of protection.

TYRONE TOWNSHIP PUBLIC HEARING & REGULAR BOARD MEETING APPROVED MINUTES – MARCH 31, 2015 – PAGE 2

Support- Jeff Young (11567 Farmhill Dr.) is a 911 dispatcher and said emergency services are used in the township more than people think and it is important to have such services. Support- [Unknown] is a police officer and would like to see service increased, not decreased. She said Tyrone has a lot of police activity and the closest post is Brighton. Support- Tom Lantzy (11430 Orchardview Dr.) doesn’t want his insurance premium higher and

wants faster response times. Support- John Wiese (7543 Parkwood Ct.) has been a resident for 38 years. Years ago, before the township contracted with services, his mother had a stroke and the response time was 31 minutes. After the special assessment was in place, his wife had an incident and the response time was 8 minutes. He said you cannot buy emergency services when you really need them. Support- Gwen Glover (9390 Englishman Dr.) said there is no price for safety and the special assessment is cheaper than the increased insurance premium. Support- James Glover (9390 Englishman Dr.) agreed with his wife! Support- Louis Oleszkiewicz (11120 Whispering Ridge Trail) is paying for protection on two parcels and he is in support. Support- Merlin Barnett (9465 Deer Park Ct.) is in support. Support- [Unknown] (Germany Rd.) is in support of fire and police protection and has used both services. Support- Marjory Johnson (11198 Runyan Lake Rd.) has used 911 emergency services and help arrived within 10 minutes. Support- Deborah Kuiawa (9213 Apple Orchard Dr.) said without the service residents won’t be

able to get homeowners insurance. Opposed- Scott Dietrich (13505 White Lake Rd.) wants the service, but doesn’t want to pay for

it. He thinks its blackmail and wants accountability. Opposed- Glen McFarland (7485 Hartland Rd.) says his age group worries about uncontrollable spending. He wouldn’t mind fire protection, but does not think extra police protection is

important.


Opposed- Donna Bauer (12165 White Lake Rd.) said the fire department always comes and is against anything that is not done by ballot. She said township officers got a raise and they should use that money to pay for other things. She doesn’t want the police watching her trees. Neutral- Art Palaian (8101 Older Lane) asked why the vote doesn’t count and feels the special

assessment is being forced on him. Support- Don Peitz (13520 White Lake Rd.) said he was a former trustee and believes this board has a genuine interest in the township and the officers deserved a raise. He said because the township must pay the sewer debt there is no ability to pay for public safety. He stated the fire departments do not have to respond and an assessment is fairer than a millage. The assessment is protected money that may only be used for those services. Support- Kelly Meade (6260 Bullard Rd.) commented that insurance rates will cost more than the special assessment. Support- Alan Pool (12318 White Lake Rd.) commented that the special assessment fee is a small price to pay for protection. Support- Karen McCubbin (8211 Mabley Hill Rd.) recently had a house fire and the department showed up within 20 minutes. Support- Mike Sherry (11414 Bay of Firth) said he agrees with all the good points people have made in favor of the special assessment. Opposed- John Waters (132209 White Lake Rd.) said he is against the assessment and thinks the board is being disrespectful of the voters. Opposed- Ted McAvoy (11393 Germany Rd.) thinks the township should have its own volunteer police and fire department and that you can really only rely on your neighbor. The Supervisor closed the public hearing at 8:03 p.m. APPROVAL OF AGENDA – OR CHANGES Trustee Walker moved to approve the agenda as amended. (Trustee Schultz seconded.) The motion carried; all ayes. The amendments are as follows: Removed: Cromaine Library presentation. Removed: Closed session for land sale offer. Added: Closed session to discuss litigation.


APPROVAL OF CONSENT AGENDA

Regular Board Meeting Minutes – March 3, 2015 Treasurer’s Report Clerk’s Warrants & Bills

Trustee Walker moved to approve the consent agenda as presented. (Treasurer Bunting-Smith seconded.) The motion carried; all ayes. COMMUNICATIONS

1. Drain Commission update of Lake Tyrone sewer project – March 2, 2015. 2. Planning Commission’s blight ordinance recommendation- March 10, 2015. 3. Planning Commission Approved Meeting Minutes – February 10, 2015. 4. Planning Commission Meeting Synopsis – March 10, 2015. 5. SPARK A2 Tech Job Fair Notice. 6. Livingston Regional Job Fair Notice. 7. Gabridge Audit Procedures- March 11, 2015. 8. Revenue and Expenditure Report- February 28, 2015

Trustee Walker moved to receive and place on file Communications #1-8 as presented. (Trustee Gonzalez seconded.) The motion carried; all ayes. PUBLIC REMARKS Dan Wolf (10480 Foley Rd.) said it looked as if the newly paved part of Hartland Road is deteriorating. The Supervisor said the road commission is aware of it and will be taking care of it since it is under warranty. [Unknown] asked if the township will ban wood burning furnaces. The Supervisor answered the Planning Commission is making regulations for those types of furnaces, but the federal government will regulate next year anyway. Scott Dietrich (13505 White Lake Rd.) commented that residents of White Lake Rd. paid half the cost to repave that road about 10 years ago and it is cracking. He thinks the road commission has an obligation to repair and maintain the roads and keep trucks off. Donna Bauer (12165 White Lake Rd.) said she didn’t like the board’s timing of the public

hearing notice. Clerk Kremer told her state law regulates when public hearing notices are sent and the township followed by the law. She is against the special assessment and thinks the township should be able to get a deal on safety services. UNFINISHED BUSINESS None.


NEW BUSINESS

1. Cromaine Library presentation. Removed from the agenda.

2. Request of Laurie Cohoon for a land division at 7491 Mabley Hill Rd.

Trustee Gonzalez moved to approve the request of Laurie Cohoon for land division of parcel 4704-27-200-005 at 7491 Mabley Hill Rd., as recommended by the Planning Commission. The conditions of approval set forth by the Planning Commission have been met. (Trustee Schultz seconded). The motion carried; all ayes.

3. Resolution to establish district and determine levy for public safety special assessment.

RESOLUTION #150309 TYRONE TOWNSHIP, LIVINGSTON COUNTY

POLICE AND FIRE PROTECTION SPECIAL ASSESSMENT DISTRICT NO. X0082

ESTABLISHMENT OF BOUNDARY OF SPECIAL ASSESSMENT DISTRICT;

DETERMINATION OF LEVY FOR POLICE AND FIRE PROTECTION; ESTABLISHMENT AND NOTICE FOR PUBLIC HEARING.

WHEREAS, there exists a need for Police and Fire Protection Services in Tyrone Township; and WHEREAS, Section 1(3) of Act 33, Public Acts of Michigan, 1951, as amended (“Act

33”) provides that Tyrone Township may proceed to defray the cost of purchasing public safety

services and general operations for fire protection, by special assessment on the lands and premises in Tyrone Township, except lands and premises exempt from the collection of taxes under the general property tax act, Act 206, Public Acts of Michigan, 1893; and WHEREAS, Section 3 of Act 33 further provides that the procedures relating to the making, levying and collection of special assessments to pay for cost of purchasing public safety services and general operations for fire protection shall conform as near as practicable to proceedings provided under Act No. 188, Public Acts of Michigan, 1954, as amended (Act 188”), except that assessments may be paid in any number of equal annual installments, not

exceeding 15; as the Township Board may determine; and

WHEREAS, the Tyrone Township Board authorized the preparation of estimates of the cost and expense of providing public safety services and general operations for fire protection and that estimate was filed with the Tyrone Township Clerk and was available for public inspection; and

TYRONE TOWNSHIP

PUBLIC HEARING & REGULAR BOARD MEETING APPROVED MINUTES – MARCH 31, 2015 – PAGE 6

WHEREAS, the Tyrone Township Board tentatively designated a special assessment district known as the Tyrone Township Police and Fire Protection Special Assessment District (“Special Assessment District”) consisting of all lots and parcels of property located within the

boundaries of Tyrone Township for purposes of defraying the cost of providing public safety services and general operations for fire protection; and WHEREAS, the Tyrone Township Board, by resolution, scheduled a public hearing for this date at the Tyrone Township Hall located at 10408 Center Road, Fenton, Michigan 48430 to hear and consider comments and objections to the estimate of cost, the creation of a special assessment district, the special assessment district tentatively designated herein, and defraying the expenses of the special assessment district on the properties benefiting, except lands and premises exempt from the collection of taxes under the general property tax act, Act 206, Public Acts of Michigan, 1893; and WHEREAS, such public hearing was preceded by proper notice in the TRI County Times, a newspaper of general circulation in the Township, and by first-class mail notice to each property owner of record within the District and upon the assessment roll: and WHEREAS, the Tyrone Township Board held the public hearing on this date at the Tyrone Township Hall and heard and considered comments and objections to the estimate of cost of purchasing public safety services and general operations for fire protection, the creation of a special assessment district, the special assessment district tentatively designated herein, and defraying the expenses of the special assessment district on the properties benefiting, except lands and premises exempt from the collection of taxes under the general property tax act, Act 206, Public Acts of Michigan, 1893; and WHEREAS, a record of those present to protest, and of written protests submitted at or before the public hearing was made a part of the minutes of the hearing. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Tyrone Township Board determines that the boundaries of the Special Assessment District be the boundaries of Tyrone Township and encompassing all lands within Tyrone Township. 2. The Tyrone Township Board determines that the amount of the special assessment levy for purchasing public safety services and general operations for fire protection against the taxable lots and parcels of land located within the Special Assessment District shall be $$597,615, which will be assessed against each parcel of land within the District as follows: a) vacant parcels, $75.00; b) parcels with residential structures, $150.00; c) parcels containing structures or trailers with multiple units, $250, plus an additional $20.00 per unit; and (d) all other parcels, $250.00; which has been placed on file in the Clerk’s office and has passed a Resolution tentatively

declaring its intent to establish the Special Assessment District. The term of the Special Assessment District is three years.


3. The Tyrone Township Supervisor shall spread the special assessment levy on all of the lands and premises in the special assessment district benefiting from the assessment, except lands and premises exempt from the collection of taxes under the general property tax act, Act 206, Public Acts of Michigan, 1893 to defray the expense of purchasing public safety services and general operations for fire protection. 4. The Tyrone Township Board shall hold a public hearing on May 19, 2015 at 7:00 p.m. at the Tyrone Township Hall located at 10408 Center Road, Fenton, Michigan 48430 to hear and consider comments and objections to the distribution of the special assessment levy for purchasing public safety services and general operations for fire protection. 5. The Tyrone Township Clerk shall cause to be published in a newspaper of general circulation in the proposed Special Assessment District a notice stating the time, place, and purpose of the meeting. This notice shall be published not less than 5 days before the hearing. Proof of publication of the notice shall be filed with the Tyrone Township Clerk. 6. The Tyrone Township Clerk Notice shall also provide notice stating the time, place, and purpose of the meeting to each owner of, or party in interest in, property to be assessed whose name appears upon the last local tax assessment records by mailing by first class mail addressed to that owner or party at the address shown on the tax records at least 10 days before the date of the hearing. 7. The form of the Notice of the Public Hearing to be mailed and published, as required herein, shall be substantially as set forth in Exhibit A, attached, with such changes as are approved by the Tyrone Township Supervisor.

RESOLVED BY: Clerk Kremer SUPPORTED BY: Trustee Walker VOTE: Cunningham, yes; Pedersen, yes; Schultz, yes; Walker, yes; Kremer, yes; Bunting-Smith, yes; Gonzalez, yes. ADOPTION DATE: March 31, 2015

CERTIFICATION OF THE CLERK The undersigned, being the duly qualified and acting Clerk of Tyrone Township, Livingston County, Michigan, hereby certifies that (1) the foregoing is a true and complete copy of a resolution adopted by the Township Board at a regular meeting, held on March 31, 2015, at which meeting a quorum was present and remained throughout, (2) the original thereof is on file in the records in my office, (3) the meeting was conducted, and public notice thereof was given, pursuant to and in full compliance with the Open Meetings Act (Act No. 267, Public Acts of Michigan, 1976, as amended) and (4) minutes of such meeting were kept and will be or have been made available as required thereby.


EXHIBIT A: PUBLIC HEARING NOTICE NO. 2

TOWNSHIP OF TYRONE

LIVINGSTON COUNTY, MICHIGAN 1951 PA 33 PROCEEDINGS

Notice of Public Hearing on the Assessment Roll for the

Police and Fire Protection Special Assessment District No. X0082

NAME ADDRESS CITY, STATE ZIP PARCEL ID(S): TO THE RESIDENTS AND PROPERTY OWNERS OF THE TOWNSHIP OF TYRONE, LIVINGSTON COUNTY, MICHIGAN AND ANY OTHER INTERESTED PERSONS:

PLEASE TAKE NOTICE that the Supervisor and assessing officer of the Township have reported to the Township Board and filed in the office of the Township Clerk for public examination a special assessment roll prepared by him covering all the properties within the Special Assessment District benefited by the proposed assessment. The assessment roll has been prepared for the purpose of assessing the costs of providing police and fire protection within the assessment district as more particularly shown on the plans on file with the Township Clerk at 10408 Center Road, Fenton, MI, which assessment is in the total amount of $597,615. PLEASE TAKE FURTHER NOTICE that the assessing officer has further reported that the assessment against each parcel of land within the district is to such relative portion of the whole sum levied against all parcels of land within the district as to the benefit of such parcels bears to the total benefit to all parcels within the district. Each parcel shall be assessed as follows: a) vacant parcels, $75.00; b) parcels with residential structures, $150.00; c) parcels containing structures or trailers with multiple units, $250, plus an additional $20.00 per unit; and (d) all other parcels, $250.00; which has been placed on file in the Clerk’s office and has passed a

Resolution tentatively declaring its intent to establish the Special Assessment District. The term of the Special Assessment District is three years. PLEASE TAKE FURTHER NOTICE THAT the Township Board will meet at the Township Hall, 10408 Center Road, Fenton, MI commencing at 7:00 P.M. on May 19, 2015, for the purpose of reviewing the special assessment roll and hearing any objections thereto. The roll may be examined at the office of the Township Clerk during regular business hours of regular business days until the time of the hearing and may further be examined at the hearing.


Appearance and protest at the hearing held to confirm the special assessment roll is required in order to appeal the amount of the special assessment to the Michigan Tax Tribunal.

An owner or party in interest, or his or her agent, may appear in person at the hearing to protest the special assessment, or shall be permitted to file his or her appearance or protest by letter and his or her personal appearance shall not be required. The owner or person having an interest in the real property who protests in person or in writing at the hearing may file a written appeal of special roll with the Michigan Tax Tribunal within 30 days after the confirmation of the special assessment roll.

To set the special assessments for the years 2016 and 2017, the public hearings for those years will be held at the Tyrone Township Hall at 7:00 P.M. on Tuesday September 20, 2016 and Tuesday September 19, 2017 respectively.

Keith Kremer, CLERK Township of Tyrone

4. Review and adjust the 2014-2015 budget.

Clerk Kremer moved to adjust the 2014-2015 budget to loan the Jayne Hill Road Fund $600 from the general fund until late taxes are distributed from the county. Distribute general fund surplus in the following manner: 40% to road fund, 20% to building fund, and 40% to savings. (Trustee Walker seconded.) The motion carried; all ayes.

5. General Appropriation Measure Resolution.

RESOLUTION #150310

TYRONE TOWNSHIP, LIVINGSTON COUNTY

BUDGET FOR FISCAL YEAR ENDING MARCH 31, 2016 WHEREAS, it is the intention of the Tyrone Township Board to comply with the provisions of Michigan Public Act 621 of 1978, the Uniform budgeting and Accounting Act, as modified to fit the needs of Tyrone Township; THEREFORE, BE IT RESOLVED THAT the following budgetary policies and procedures for reconciling the 2014-2015 budget and for establishing a 2015-2016 budget, in accordance with said Act, be set forth as follows: 1. The chief administrative officer of the budget shall be the Supervisor. 2. The chief administrative officer or Supervisor shall receive assistance in performance of

budgetary responsibilities from the Clerk and from the accountant employed by the Township Board.


3. By November 30, 2015, the Supervisor shall compile the information, as outlined in the Act,

for presentation to the chairman or officer of each department, board and commission of Tyrone Township.

4. By December 31, 2015, each department, board and commission shall complete the forms

requested by the Supervisor as to their estimates of the amount of money required for each line item in their activity for the ensuing fiscal year. Any department, board or commission which generates revenue from the public hearings, land use permits or the sale or rental of services shall estimate anticipated revenue for the ensuing fiscal year.

5. No later than February 1, 2016, the Tyrone Township Board shall meet in special work

session to review the requests of each department, board and commission to make recommendations on the content of the proposed fiscal year budget, ensuring that the total of estimated expenditures does not exceed the total estimated revenue and accumulated fund balance.

6. The Supervisor shall compile the recommendations of the Tyrone Township Board into a

budget document, all Funds, and shall present the proposed budget to the Tyrone Township Board no later than the first regularly scheduled Board Meeting in March. The Tyrone Township Board shall set time, date, and place for all required public hearings on the proposed budget.

7. No later than the second regularly scheduled Tyrone Township Board Meeting in March, the

Board shall pass, by Resolution, a general appropriations measure which spells out the policies and procedures of the Tyrone Township Board regarding compliance with and modifications to P.A. 621 of 1978.

8. The Supervisor shall be required to monitor the expenditures of each department, board and commission to ensure that expenditures do not exceed the budgeted amount, and shall make recommendations to the Tyrone Township Board to amend the budget when such action seems necessary.

9. The Supervisor shall provide quarterly reports of actual revenues and expenditures compared

to budgeted amounts, as required by the Act. Quarterly reports shall be provided to the Tyrone Township Board for the first three-quarters; thereafter, the comparison reports shall be required monthly until the end of the fiscal year.

10. The Tyrone Township Clerk has been authorized by board action on September 3, 1991, to

obligate the Township in an amount up to $2,000 without prior approval of the Board, and that the Clerk summarize the items and amounts so warranted and submit the report for approval of the Board at the following meeting as outlined by Resolution #090103 adopted January 20, 2009.


11. The Tyrone Township Clerk has been authorized, in action taken September 3, 1991, to make

capital expenditures up to $400 with authorization by the Board at the next meeting. Capital expenditures over $400 must have prior Township Board approval.

FURTHER, BE IT RESOLVED THAT, after holding properly advertised public meetings, the Tyrone Township Board adopts the 2015-2016 budget of all funds by revenue and expense, as prepared and presented. RESOLVED BY: Trustee Walker SUPPORTED BY: Treasurer Bunting-Smith VOTE: Cunningham, yes; Kremer, yes; Bunting-Smith, yes; Gonzalez, yes; Pedersen, yes; Schultz, yes; Walker, yes. ADOPTION DATE: March 31, 2015

CERTIFICATION OF THE CLERK The undersigned, being the duly qualified and acting Clerk of Tyrone Township, Livingston County, Michigan, hereby certifies that (1) the foregoing is a true and complete copy of a resolution adopted by the Township Board at a regular meeting, held on March 31, 2015, at which meeting a quorum was present and remained throughout, (2) the original thereof is on file in the records in my office, (3) the meeting was conducted, and public notice thereof was given, pursuant to and in full compliance with the Open Meetings Act (Act No. 267, Public Acts of Michigan, 1976, as amended) and (4) minutes of such meeting were kept and will be or have been made available as required thereby.

Keith L. Kremer Township Clerk

6. Award road chloride contract.

Trustee Walker moved to award the road chloride contract to MBH Chloride Solutions. (Trustee Schultz seconded.) The motion carried; all ayes.

7. Request of the Supervisor to renew MATS membership and attend annual conference.

Trustee Walker moved to approve the Supervisor’s request to renew the Michigan Association of

Township Supervisors (MATS) membership and to attend the annual MATS conference. (Treasurer Bunting-Smith seconded.) The motion carried; all ayes.

TYRONE TOWNSHIP

PUBLIC HEARING & REGULAR BOARD MEETING APPROVED MINUTES – MARCH 31, 2015 – PAGE 12

8. Request of the Supervisor for approval to do a public service announcement on

channel 191. Trustee Walker moved to allow the Supervisor to make a public service announcement about safe burning on cable channel 191 at no cost to the township. (Trustee Schultz seconded.) The motion carried; all ayes.

9. Resolution to adopt Premium Conversion Plan 2015 for health insurance.


RESOLUTION TO ADOPT PREMIUM CONVERSION PLAN

The following is a formal record of action taken by the governing body of Tyrone Township of Livingston County. With respect to the adoption of the Tyrone Township Premium Conversion Plan (the "Plan"), the following resolutions are hereby adopted: RESOLVED: That the Plan be adopted in the form attached hereto [Plan is attached to original resolution], which Plan is hereby adopted and approved;

RESOLVED FURTHER: That the appropriate officers of the Township be, and they hereby are, authorized and directed to execute the Plan on behalf of the Company;

RESOLVED FURTHER: That the officers of the Township be, and they hereby are, authorized and directed to take any and all actions and execute and deliver such documents as they may deem necessary, appropriate or convenient to effect the foregoing resolutions including, without limitation, causing to be prepared and filed such reports, documents or other information as may be required under applicable law. RESOLVED BY: Trustee Walker SUPPORTED BY: Treasurer Bunting-Smith VOTE: Cunningham, yes; Kremer, yes; Pedersen, yes; Schultz, yes; Walker, yes; Gonzalez, yes; Bunting-Smith, yes. ADOPTION DATE: March 31, 2015

CERTIFICATION OF THE CLERK

The undersigned, being the duly qualified and acting Clerk of Tyrone Township, Livingston County, Michigan, hereby certifies that (1) the foregoing is a true and complete copy of a resolution adopted by the Township Board at a regular meeting, held on March 31, 2015, at which meeting a quorum was present and remained throughout, (2) the original thereof is on file in the records in my office, (3) the meeting was conducted, and public notice thereof was given,


pursuant to and in full compliance with the Open Meetings Act (Act No. 267, Public Acts of Michigan, 1976, as amended) and (4) minutes of such meeting were kept and will be or have been made available as required thereby.


10. Request of the Clerk to sign the audit engagement agreement.

Trustee Walker moved to authorize the Clerk to sign the audit engagement agreement with Gabridge & Co. (Treasurer Bunting-Smith seconded.) The motion carried; all ayes.

11. Request to commit general fund balance to cover 2015 cash requirements.


RESOLUTION FOR COMMITTED FUND BALANCE

WHEREAS, the Government Standards Accounting Board (GASB) has issued Statement No. 54 establishing a hierarchy clarifying the constraints that govern how a government entity can use amounts reported as fund balance; and

WHEREAS, the Board of Trustees has the authority to commit, assign, or evaluate existing fund balance classifications and identify the intended uses of committed or assigned funds; and

WHEREAS, the committed fund balance classification reflects amounts subject to internal constraints self-imposed by the Board of Trustees; and

WHEREAS, the Board of Trustees has determined it will commit $500,000.00 of fund balance in General Fund 101 to cover cash flow shortages due to late-in-the-year tax collections for the fiscal year April 1, 2015 through March 31, 2016.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of Tyrone Township, in accordance with the provisions of GASB 54 the committed funds and any remaining unassigned funds in Fund 101 are to be used for general operating expenses throughout the year while waiting for general property tax receipts in March 2016 additional revenue sharing receipts from the State of Michigan.

RESOLVED BY: Trustee Walker SUPPORTED BY: Treasurer Bunting-Smith


VOTE: Cunningham, yes; Kremer, yes; Bunting-Smith, yes; Gonzalez, yes; Pedersen, yes; Schultz, yes; Walker, yes. ADOPTION DATE: March 31, 2015

CERTIFICATION OF THE CLERK

The undersigned, being the duly qualified and acting Clerk of Tyrone Township, Livingston County, Michigan, hereby certifies that (1) the foregoing is a true and complete copy of a resolution adopted by the Township Board at a regular meeting, held on March 31, 2015, at which meeting a quorum was present and remained throughout, (2) the original thereof is on file in the records in my office, (3) the meeting was conducted, and public notice thereof was given, pursuant to and in full compliance with the Open Meetings Act (Act No. 267, Public Acts of Michigan, 1976, as amended) and (4) minutes of such meeting were kept and will be or have been made available as required thereby.


12. Review the uncollectible list for SAD's to decline advancement of funds from the

county. Clerk Kremer moved to permit the Treasurer to request no advancement of funds on special assessment from Livingston County. (Trustee Walker seconded.) The motion carried; all ayes.

13. Request to write off uncollectible fire run invoices. Trustee Walker moved to write off the uncollectible fire run invoices in the amount of 9,181.40. (Trustee Schultz seconded.) The motion carried; all ayes.

14. Authorization of the Supervisor to take legal action on any unauthorized medical marijuana growing facilities.

No motion was made.

15. Closed session to discuss land sale.

Removed from the agenda.


16. Response to offer of land purchase of Runyan Lake Cove Lot #15 on Walnut

Shores Drive. Trustee Walker moved to authorize the Treasurer and Supervisor to negotiate with the perspective buyer for the sale of Runyan Lake Cove Lot #15 and to bring the offer back to the board. (Trustee Schultz seconded.) The motion carried; all ayes. 17. Closed session to discuss ongoing litigation. [The closed session followed Public Remarks]

RESOLUTION #150313

TYRONE TOWNSHIP, LIVINGSTON COUNTY

CLOSED SESSION Trustee Walker resolved to convene in closed session to discuss confidential attorney-client communications. (Trustee Schultz seconded.) Roll call: Cunningham, yes; Kremer, yes; Bunting-Smith, yes; Gonzalez, yes; Pedersen, yes; Schultz, yes; Walker, yes. The board convened in closed session at 9:05 p.m.

* * * * * Closed Session Minutes * * * * * The board reconvened in open session at 9:27 p.m. Trustee Walker moved to accept the court judgment of $27,500 with Consumers Energy upon condition that all fire run charges billed after those included in the settlement and any future fees to be paid in full within 30 days. MISCELLANEOUS BUSINESS None. PUBLIC REMARKS Donna Bauer (White Lake Rd.) commented about the date of the assessment notice. Scott Dietrich (White Lake Rd.) said there should be a savings on service contracts due to the lower fuel costs. ADJOURNMENT Trustee Walker moved to adjourn. (Trustee Gonzalez seconded.) The motion carried; all ayes. The meeting adjourned at 9:32 p.m.

TYRONE TOWNSHIP REGULAR BOARD MEETING

APPROVED MINUTES – APRIL 7, 2015 CALL TO ORDER Supervisor Cunningham called the meeting of the Tyrone Township Board to order with the Pledge of Allegiance on April 7, 2015 at 7:00 p.m. at the Tyrone Township Hall. ROLL CALL Present: Supervisor Mike Cunningham, Clerk Keith Kremer, Trustees Soren Pedersen, Cam Gonzalez, David Walker, and Chuck Schultz. Absent: Treasurer Marna Bunting-Smith. APPROVAL OF AGENDA – OR CHANGES Trustee Walker moved to approve the agenda as amended. (Trustee Schultz seconded.) The motion carried; all ayes. The modification was as follows: Added New Business- Resolution to appoint Emergency Management Coordinator. APPROVAL OF CONSENT AGENDA None. COMMUNICATIONS

1. Livingston County Sheriff’s Report

Trustee Walker moved to receive and place on file Communication #1 as presented. (Trustee Gonzalez seconded.) The motion carried; all ayes. PUBLIC REMARKS Jeff McCray from Burnham and Flowers Insurance Group introduced himself as the new account representative, replacing Larry Clever. UNFINISHED BUSINESS None. NEW BUSINESS 1. Cromaine Library presentation. Cromaine Library representatives were not present. 2. Lake Tyrone sewer project presentation by Drain Commission. Livingston County Drain Commissioner Brian Jonckheere explained an aeration system for Lake Tyrone and revisions to the sewer project. In summary, the aeration system will help clarify the water by removing phosphorous, deepen the lake by removing sediment, and cause a decline in weeds. The sewer project, originally proposed in 2013 but held up for various reasons, needed to be revised because costs are significantly higher now than proposed in 2013. Mr. Jonckheere explained the scope of the revised project plan to reduce the cost and is awaiting the revised construction costs from the contractor.

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REGULAR BOARD MEETING APPROVED MINUTES – APRIL 7, 2015 – PAGE 2

3. Discussion about capping the sewer connection fee. Because the cost of the sewer connection fees rise significantly each year and has become very costly, the board discussed the possibility of capping the fees. The Supervisor will seek legal opinion and inform the board of findings at a later date. 4. Resolution to appoint Emergency Management Coordinator.


APPOINTMENT OF EMERGENCY MANAGEMENT COORDINATOR

WHEREAS, The Michigan Emergency Management Act, Public Act 390 of 1976 as amended requires municipalities with populations of 10,000 or more to appoint an Emergency Management Coordinator for the municipality, and; WHEREAS, Tyrone Township does not have established emergency services. Emergency services are provided through contracts or by Livingston County; NOW, THEREFORE, BE IT RESOLVED THAT Tyrone Township resolves to appoint Livingston County as its Emergency Management Coordinator to act as our representative and that all disbursements or aid on behalf of Tyrone Township be solely for the benefit of the Tyrone Township. RESOLVED BY: Trustee Gonzalez SUPPORTED BY: Trustee Walker VOTE: Cunningham, yes; Kremer, yes; Gonzalez, yes; Schultz, yes; Pedersen, yes, Walker, yes; Bunting-Smith, absent. ADOPTION DATE: April 7, 2015

CERTIFICATION OF THE CLERK The undersigned, being the duly qualified and acting Clerk of Tyrone Township, Livingston County, Michigan, hereby certifies that (1) the foregoing is a true and complete copy of a resolution adopted by the Township Board at a regular meeting, held on April 7, 2015, at which meeting a quorum was present and remained throughout, (2) the original thereof is on file in the records in my office, (3) the meeting was conducted, and public notice thereof was given, pursuant to and in full compliance with the Open Meetings Act (Act No. 267, Public Acts of

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REGULAR BOARD MEETING APPROVED MINUTES – APRIL 7, 2015 – PAGE 3

Michigan, 1976, as amended) and (4) minutes of such meeting were kept and will be or have been made available as required thereby.


MISCELLANEOUS BUSINESS None. PUBLIC REMARKS None. ADJOURNMENT Trustee Walker moved to adjourn. (Trustee Schultz seconded.) The motion carried; all ayes. The meeting adjourned at 7:53 p.m.

4/14/2015 TYRONE TOWNSHIP TREASURER'S REPORTJMM Period ending March, 2015

INVESTMENTS Int CLASS POOL Int Rate Grand Totals EachTOWNSHIP FUNDS Interest Ckg ICS Rate MBIA Pool Fund

General 101 $52,189.19 $1,446,486.99 0.40% $1,498,676.18FSA 101 $9,999.00 $9,999.00Tech Fund 141 $49,284.01 0.40% $49,284.01

Building & Site 145 $42,883.33 0.40% $42,883.33Beautification 160 $2,181.00 0.40% $2,181.00Parks/Recreation 208 $5,934.23 0.40% $5,934.23Liquor Control 212 $0.00 0.40% $0.00Road 245 $0.00 $132,514.24 0.40% $244,723.93 0.10% $377,238.17Revolving 246 $0.00 $582,190.26 0.40% $179,776.19 0.10% $761,966.45Right of Way 260 $2,840.74 0.40% $2,840.74Lk Tyrone Grant 281 $9,550.00 0.40% $9,550.00Special AssessmentsJayne Hill Lts 218 $5,863.16 0.40% $5,863.16Walnut Shores Lts 219 $963.92 0.40% $963.92Garbage Collection 226 $29,860.33 0.40% $29,860.33Parkin Lane Snow 231 $15,531.94 0.40% $15,531.94Great Oaks Dr 232 $6,902.33 0.40% $6,902.33

Account Totals $233,983.18 $2,161,191.49 $424,500.12 $2,819,674.79

Public Safety- 205 Public Safety TotalPublic Safety 205 - State Bank $19,207.91 0.30% $19,207.91Public Safety ICS- 205 State Bank $495,939.53 0.30% $495,939.53Public Safety 205 - FirstMerit $200,744.97 0.20% $200,744.97Public Safety 205 - Level One Bank $200,861.99 0.30% $200,861.99

$916,754.40

TRUST & AGENCY- 274 & 701 Chase Sweep Trust & Agency TotalTwp Trust & Agency PEG Fees 274 $224,102.92 0.03% $224,102.92

Township Trust and Agency 701 $16,859.56 0.05% $16,859.56Sv= 0.03% Ck=0.05% $240,962.48

JAYNE HILL PAVING 2006- 386 FirstMerit Bank Jayne Hill PV TotalJayne Hill Paving 1/2 386 $18,465.88 0.15% $18,465.88

TYRONE TOWNSHIP SEWER 2003- 392 Flagstar Tyrone Sewer 03 TotalDebt Service 392 $2,271,070.92 0.40% $2,271,070.92Sewer 2003 CDARS(matures 2-12-15) $0.00 0.30% $0.00

$2,271,070.92

Parkin Lane Road Maint 2010- 396 Chase Parkin Ln TotalParkin Lane Rd 396 $75,432.93 0.03% $75,432.93

Private Bank- Parkin Lane CD(matures 5/13/15) $100,000.00 0.50% $100,000.00$175,432.93

SEWER O&M CHECKING ACCT- 590 FLAGSTAR Sewer O&M TotalSewer Operation and Maintenance CK (5710) $43,773.07 0.35% $43,773.07Sewer Operation and Maintenance SV (4865) $65,022.62 0.45% $65,022.62O&M CDARS(matures 8/13/14) $525,000.00 0.40% $525,000.00Private Bank- O&M CD(matures 5/11/16) $150,864.15 0.75% $150,864.15

$784,659.84

$4,407,346.45

Total Township Monies $7,227,021.24

COMMUNICATIONS

JOINT MEETING

Comparison of Police Power “General” Ordinances to Zoning Ordinance

Police Power Ordinance Zoning Ordinance

Local government has the authority (as delegated by the State) to adopt police power ordinances regulating the public health, safety and general welfare of persons and property. For example: a “township board of a township may, at a regular or special meeting by a majority of the members-elect of the township board, adopt ordinances regulating the public health, safety, and general welfare of persons and property, including, but not limited to fire protection, licensing or use of bicycles, traffic and parking of vehicles.....” (MCL 41.181).

The authority from the State for zoning comes through the Michigan Zoning Enabling Act, which prescribes a rigorous process and procedures for adopting a zoning ordinance.

Police power ordinances do not have to be based on a master plan.

A zoning ordinance must be based on a master plan. The master plan must be adopted pursuant to the Michigan Planning Enabling Act, and the process for master plan adoption includes many required “safeguards”, including public involvement, hearings, notices and more.

Police power ordinances regulate “activities”, not the “use of land.” Examples of activities include, among others, motor vehicle regulations, parking, health code, food safety, boats and marinas, blight, noise and junk. But in these examples, the ordinances should not regulate where such activities are located.

A zoning ordinance regulates “use of land." It may also regulate "activities," but if an ordinance regulates land use, then it must be adopted as, and called, a zoning ordinance. The Michigan Supreme Court said, in Square Lake Condo Ass'n v Bloomfield Twp., 437 Mich 310 (1991), a zoning ordinance is defined as an ordinance which regulates the use of land and buildings according to districts, areas, or locations. Examples of land use regulation include, among other, setbacks, parcel size, maximum structure height, building form and principal and accessory use of the land or use within buildings allowed within particular locations.

Courts have recognized that “use of land” and “activities” of persons or business entities are neither absolute nor mutually exclusive - there are often grey areas between the two types of ordinances.

A police power ordinance does not have as rigorous of a review and approval process as does a zoning ordinance. As a result, if a government adopts an ordinance that regulates land use and calls it a “police power ordinance”, courts are not likely to uphold it.

The process to prepare and adopt a zoning ordinance (including hearings, notices, based on a plan, appeals, nonconformities, etc.) is designed to place many legal due process and property rights protections on zoning. This is because zoning regulates the use of land, and as a nation, we value private property rights. So when government regulates land use, there are many more hoops through which the regulators need to jump.

Typically applies to everyone. Typically applies to specific zoning districts, allowing different standards to apply for different land uses in different locations.

Police power ordinances can be retroactive - taking near immediate effect, no grandfathering.

Zoning cannot be retroactive. Existing conditions are grandfathered.

Enforcement is generally through civil infractions, litigation.

Enforcement is through civil infractions and/or revoking land use permits.

Effective for general nuisance abatement - same standards apply to all.

Effective when different regulations are needed for different locations (zoning districts).

Effective when review is desired prior to approval (site plan review, special land uses)

Based upon “Zoning and Police Power Ordinances are not the Same”, Kurt Schindler, MSU, 6/19/14

NEW BUSINESS

1

Terri Medor

From: Marna Bunting-SmithSent: Wednesday, April 15, 2015 4:11 PMTo: Terri MedorSubject: Agenda item to add:

Hi,

Can you please add to New Business:

Approve BS&A Training for TAX.net for cashier to attend on May 18, 2015 all day @ $75

Thanks, Please Note our Regular Office Hours are:

Mon. - Thurs. 9AM to 5PM, Closed Friday's

Marna Smith Treasurer Tyrone Township [email protected] 810-629-8631 810-629-0047 fax Regular Office Hours Mon-Thurs. 9AM - 5 PM

Notice: This email, including any attachments, is covered by Electronic Communication Privacy Act, 18 U.S.C. 2510-2521, is

confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention,

distribution or copying of this communication is strictly prohibited. Please reply to the sender if you have received this message

in error and destroy all copies of the original message.

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