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Dexter Township
6880 Dexter-Pinckney Road
Dexter, MI 48130
Telephone: 734-426-3767
Fax: 734-426-3833
www.dextertownship.org ___________________________________________________________________________________________________________
Harley B. Rider
Supervisor
Debra A. Ceo
Clerk
Libby Brushaber
Treasurer
Michael J. Compton
James L. Drolett
William C. Gajewski
Mark D. Mesko
Trustees “ A C o m m u n i t y F o r A l l S e a s o n s ”
Board of Trustees – Meeting Agenda 16 July 2019 - 7:00 PM
1. Call to Order
2. Pledge of Allegiance
3. Supervisor’s Remarks / Conflict Of Interest Check
4. 1st Call for Public Comment (Comment on items that are not on the agenda. The Board will entertain public
comments on agenda items as they come up for discussion.)
5. Approval of the Agenda
6. Approval of the Minutes – May 21, 2019 (Page 1)
7. Consent Agenda - None
8. Reports (Oral presentation)
A. Broadband Research Committee – Trustee Compton
B. Township Hall Building Maintenance/Remodel Committee – Supervisor Rider
9. Unfinished Business
A. None
10. New Business
A. Huron River Watershed Council Appointment (Page 5)
B. Hanover Glen Site Condo
i. Private Roads (Page 9)
ii. Development Agreement (Page 27)
C. ITC Ingress/Egress Agreement for D-04-22-400-004 (Page 47)
11. Authorization of Payments / Transfer of Funds
A. General, Fire, Police, Fire Sub-Station, Multi-Lakes Enterprise & Agency Fund Payments – ClerkDebra Ceo (Attachment page 51. Second run to be distributed at Board meeting.)
B. Transfer of Funds
12. 2nd Call for Public Comment
13. Other Issues, Comments and Concerns of Board Members & Staff
14. Future Agenda Items
A. Fiscal Year 2018/2019 Audit Report
B. Single Trash Hauler Ordinance
C. Ordinance #37 (PDR) Revisions
D. Zoning Ordinance Revisions
15. Adjournment
The next regularly scheduled monthly meeting of the Dexter Township Board is Tuesday, August 20, 2019 at 7:00 PM
Dexter Township Board of Trustees Meeting Agenda 16 July, 2019
Items in Bold are attached. Items not in bold were not received in time to be included in the packet.
Attachments – Township: NOTE: Listed items are attached to the packets for Board members, and posted on the
Township website. Others can obtain copies of the reports by making a request to Township staff.
1) Supervisor’s Report (Page 53)
2) Clerk’s Report (Page 55)
3) Treasurer’s Report (Page 57)
4) Trustees’ Report (No report)
5) Assessor’s Report (No report)
6) Director of Planning & Zoning Report (Page 59)
7) Planning Commission Report (Page 63)
8) Capital Improvement Plan Committee Report (No meeting, no report)
9) Personnel Policy Committee Report (No meeting, no report)
Attachments – Other: NOTE: Listed items are attached to the packets for Board members, and posted on the Township
website. Others can obtain copies of the reports by making a request to Township staff, or to originating entity.
1) Chelsea Area Construction Agency Report (No report)
2) Chelsea Area Fire Authority Report (No report)
3) Chelsea Area Planning/Dexter Area Regional Team Report (No report)
4) Chelsea District Library Additional Correspondence (No report)
5) Dexter Area Fire Department Report (Page 65)
6) Dexter District Library Report (Page 67)
7) Huron River Watershed Council Report (No report)
8) Multi-Lakes Sewer Authority Report (Page 71)
9) Portage-Base Sewer Authority Report (No report)
10) Washtenaw Area Transportation Study (WATS) Report (Page 79)
11) Washtenaw Area Value Express (WAVE) Report (Page 81)
12) Washtenaw Broadband Initiative Report (No report)
13) Washtenaw County Road Commission Report (No report)
14) Washtenaw County Sheriff Report (Page 89)
15) Western Washtenaw Recycling Authority Report (Page 91)
The Dexter Township Board will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities at the meeting upon seven days’ notice to the Dexter Township Board.
Individuals with disabilities requiring auxiliary aids or services should contact the Dexter Township Board by writing or calling the Office Manager at the address and phone number printed at the top of this agenda.
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DEXTER TOWNSHIP
AGENDA ITEM SUMMARY
MEETING OF: Township Board of Trustees 16 July 2019 Agenda Item Title: Huron River Watershed Council Appointment
Submitted by: H. Rider
Explanation of Agenda Item:
Appointment as regular representative to the Huron River Watershed Council to fill vacancy.
Fiscal or Resource Considerations: YES _____ NO ___x__ Does this agenda item require the expenditure of funds? YES _____ NO __x___ If YES, are funds budgeted? YES _____ NO _____ Are staff or other resources required? YES _____ NO __x___ Is a budget amendment required? YES _____ NO ___x__
Attachments:
• Letter of interest from Suzanne Bade
• Email of interest from Kathryn Bradbury
Staff Comments:
The appointment is to fill the remainder of the term expiring 31 December 2020.
With only two applicants for the position, I am asking the Township Board to entertain the letters of interest and ask the applicants questions as necessary to make an appointment that would represent the interests of the Township as a whole.
Motion/Action/Recommendation:
Option 1 – Motion to appoint _________________ as the Township representative to the Huron River Watershed Council to fill the remainder of the term which expires 31 December 2020.
Option 2 – Motion to postpone action until _______________.
Option 3 – Motion to (other)
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1
Suzanne Bade 8778 Dexter Townhall Rd
Pinckney, MI 48169
734-424-0200
June 05, 2019
Harley Rider
Supervisor, Dexter Township
6880 Dexter-Pinckney Rd.
Dexter, MI 48130
Dear Harley,
I am interested in representing Dexter Township on the Huron River Watershed Council. As
a long time homeowner on Big Silver Lake, which empties into the Huron River watershed,
I have 40 years of interest and active volunteering in the health of this community.
My related experience includes volunteering with the HRWC to assess the river health,
participating in their training in Chelsea, cleaning Big Silver Lake, and organizing and
participating in Big Silver Lake’s Water Quality Committee for over 5 years. I have
represented the Property Owner’s Association membership as a Board member and
volunteer for over 20 years, and have volunteered with our local schools and church.
In addition, I have 6 years of governmental leadership experience as U-M’s representative to
the Washtenaw County Workforce Development Board. This coincided with 40 years
serving as a professional Occupational Therapist, mostly at University of Michigan.
While Big Silver Lake is a component of the HRW, my interest is more global, encompassing
the health and welfare of the full watershed and the opportunity for Dexter Township to
contribute as a collaborative entity. I look forward to discussing this opportunity with you
and appreciate your consideration.
Sincerely, Sue Bade
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From: Kathryn BradburyTo: [email protected]: HRWC Board SeatDate: Friday, May 31, 2019 2:12:12 PM
Hi Harley,
Thanks for seeing me the other day. I have decided to pursue the vacant board seat on the Huron River WatershedCouncil. My qualifications are not much more than a concerned citizen with a vested interest in the water quality ofour region. Although I did have a temporary part-time job with Legacy Land Conservancy.
I have a pretty good knowledge of the area and the present concerns relating to the Huron River watershed. As awaterfront resident, I am somewhat familiar with Dexter Township building codes and restrictions, and bestpractices regarding riparian responsibilities.
Of course if someone who is better qualified decides to throw their hat in the ring, please choose the best person forthe job!
Thank you for your consideration!Sincerely,Kathy Bradbury
Sent from my iPad
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DEXTER TOWNSHIP
AGENDA ITEM SUMMARY
MEETING OF: Township Board of Trustees 16 July 2019 Agenda Item Title: Hanover Glen Private Roads and Development Agreement
Submitted by: H. Rider
Explanation of Agenda Item:
Board approval of the Private Roads and the Development Agreement for the Hanover Glen Site Condo project.
Fiscal or Resource Considerations: YES _____ NO ___x__ Does this agenda item require the expenditure of funds? YES _____ NO __x___ If YES, are funds budgeted? YES _____ NO _____ Are staff or other resources required? YES _____ NO __x___ Is a budget amendment required? YES _____ NO __x___
Attachments:
• Hanover Glen Overview Layout (Detailed plans available for viewing on request)
• Township Board Resolution 05-125 granting tentative approval of the private roads
• PC Resolution granting final site plan approval to Hanover Glen (Feb 27, 2007)
• PC Minutes of June 23, 2015 granting extension of site plan approval
• Memorandum from Mr. Rohr to the Planning Commission (May 30, 2019)
• PC Resolution recommending approval of private roads (19-PC-196)
• Draft Township Board Resolution to approve private roads in Hanover Glen
• Hanover Glen Development Agreement
Staff Comments:
As evidenced by the attachments, this project has been in the works for many years; has been the subject of many meetings and hearings; and has received approvals and the required recommendations for approvals. In addition, the Master Deed and By-Laws required by the Planning Commission have been recorded.
There have been numerous recent meetings regarding the Development Agreement, most recently with the Developer, Township Supervisor, and attorneys representing both sides to iron out the final agreement. The Township Attorney has approved the attached Development Agreement, which has also been agreed to by the Developer and the Developer’s attorney.
Motion/Action/Recommendation:
Action 1 – Motion to approve Resolution 19-xxx, a resolution to approve private roads in the Hanover Glen Site Condominium project.
Action 2 – Motion to approve the Hanover Glen Development Agreement and to authorize the Township Supervisor to execute the agreement on behalf of the Township.
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Dexter Township Resolution # 05-125
A resolution to approve private roads in the Hanover Glenn Site Condominium project, including variances from the Dexter Township Road Ordinance as may be specified in the plans and letters of review.
Whereas, Marhofer/Campbell Development Co., LLC has submitted an application for private roads in the proposed Hanover Glen Site Condominium Development, and;
Whereas, the Dexter Township Planning Commission has reviewed the project and granted preliminary site plan approval for the project, said plan specifying private road(s), and;
Whereas, the Dexter Township Planning Consultant (Landplan, Inc.), the Engineer (Mannik and Smith Group), the Township Attorney (Keutsch, Flintoft & Conlin, PC) and the Dexter Area Fire Department have reviewed the proposed private road plan and have provided written comments with recommendations, and:
Whereas, the Dexter Township Planning Commission voted on January 25th, 2005, to “recommend approval of the Hanover Glen Private Road application to the Township Board with the following conditions:
1. Address concerns in LandPlan report, dated 12/27/04; 2. Address concerns in Mannik & Smith report, dated 1/12/05; 3. Address concerns in Flintoft letter, dated 1/13/05; 4. Address concerns in Dexter Area Fire Department report, dated 8/20/04.”
Whereas, the Dexter Township Road Ordinance, as amended, designates the Township Board as the approving body for private roads, following review and recommendation by the Planning Commission;
Now therefore be it resolved, the Dexter Township Board, by a vote of the majority at a regularly scheduled and duly noticed meeting held this 15th day of February, 2005, grants preliminary approval for private roads in the Hanover Glen Site Condominium project, as per the submitted plans, including any requested variances from the Road Ordinance, providing the concerns as stated in the 1/25/05 Planning Commission motion are addressed, and further provided that said private roads shall not be granted final approval until such time as the Planning Commission has made such recommendation to the Board and the Board has taken appropriate action on the recommendation, and all monies owed to Dexter Township for fees, expenses and/or other related issues relating to the Hanover Glenn project have been paid in full. Resolution offered by Board Member Rider Resolution supported by Board member Lesser Roll call vote: Yeas: Knight, Lesser, Howard, Wojno, Kelly, Rider Nays: Ottoman Abstain: None Absent: None Tally Y = 6; N = 1; Abstain = 0 The Supervisor declared the resolution adopted DATE: 15th day of February, 2005
____________________ Harley B. Rider, Clerk
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HANOVER GLEN OSC, FINAL SITE PLAN APPROVAL February 27, 2007
Whereas, Pursuant to the provisions of the Dexter Township Zoning Ordinance, Jack Campbell –Marhofer/Campbell Development Company, LLC has applied for approval of Final Condominium Site Plan (File# 05 PC 121 ) and Private Road Application (Hanover Court, Calumet Lane, and Suffolk Court) for a parcel of land located in Section 27, Dexter Township; and,
Whereas, the application calls for the construction of 36 homes on a 73.81 acre parcel, and more specifically described in the applicant’s drawings and plans dated January 1, 2007 and revised construction schedule dated February 7, 2007; and,
Whereas, the site plan meets the requirements of the Dexter Township Zoning Ordinance, Article 16.01 “General Standards Applicable to all Special Land Uses”; and,
Whereas, the site plan meets the requirements of the Dexter Township Zoning Ordinance, Articles 17.03-.05; and,
Whereas, the site plan meets the requirements of the Dexter Township Zoning Ordinance, Article 6.05.A through 6.05.O, as applicable; and,
Whereas, the Planning Commission has considered the application pursuant to the procedures set forth in Sections 6.04, 7.02, and 17.03 of the Dexter Township Zoning Ordinance; and,
Whereas, the site plan received preliminary site plan and open space community overlay approval on October 26, 2004, and has satisfied the conditions of such approval contained therein; and,
Whereas, the Dexter Township Board of Trustees granted preliminary approval, with conditions, for the proposed private roads on February 15, 2005 (Resolution # 05-125); and,
Whereas, the site plan meets the requirements of the Dexter Township Private Road Ordinance, as amended; and,
Whereas, the site plan has received requisite approvals from the Washtenaw County Road Commission, Washtenaw County Department of Environmental Health, and the Michigan Department of Environmental Quality; and,
Whereas, the site plan has adequately addressed the concerns of the Township Engineer, letter dated February 2, 2006; and,
Whereas, the site plan has adequately addressed the concerns of LandPlan, letter dated October 18, 2005; and,
Whereas, the site plan has received comments and recommendations from the Dexter Area Fire Department, letter dated June 23, 2006; and,
Whereas, the Master Deed and Bylaws, dated January 29, 2007, have been reviewed and approved by the Township Attorney (letter dated March 7, 2006), except as to matters addressed in the letter dated February 16, 2007; and,
Whereas, the issue of utility easements being included in open space calculations for density bonuses, and compatibility with Section 17 of the Zoning Ordinance has been favorably opined upon by independent counsel in a letter from Kurtis Dumaw, Hooper, Hathaway, Price, Beuche, & Wallace, dated April 20, 2006; and,
Whereas, pursuant to said letter requesting clarification from International Transmission Company (ITC) regarding possible uses of said utility easements, the applicant has provided a letter from ITC dated May 5, 2006 stating that ITC does not have the right to construct an electric transmission station within the
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easement or any other structures other than those already anticipated by the document for the use of a transmission line; now,
Be It Therefore Resolved that the Dexter Township Planning Commission approves the Hanover Glen open space community final site plan, subject to the following conditions:
1. Prior to the Township issuing any permits necessary for the applicant to obtain before commencing work, the applicant shall:
(a) Obtain, and provide to the Township a copy of all permits or approvals required by other governmental authorities, regulatory agencies, and oversight bodies prior to the commencement of construction.
(b) Present a dedication of open space in recordable form in accordance with Section 17.05(C) of the Dexter Township Zoning Ordinance, subject to approval of the Township Attorney.
(c) Revise and record the Master Deed and Bylaws to the satisfaction of the Township’s Attorney.
(d) Submit a performance guarantee to Dexter Township in accordance with Section 3.05 of the Dexter Township Zoning Ordinance. The amount of the performance guarantee shall be sufficient to cover all improvements listed on the approved final site plan. This amount shall be agreed upon between the applicant and the Township Engineer. The form of this guarantee shall be in a form acceptable to the Township Treasurer.
(e) Submit an inspection deposit to Dexter Township. The amount of the inspection deposit shall be agreed upon between the applicant and the Township Engineer, and shall be based on the expected amount of inspector days required.
(f) Pay all monies owed to Dexter Township for fees, expenses, and/or other related issues relating to the Hanover Glen project shall be paid in full.
2. All construction shall be performed in accordance with the approved site plan, and in compliance with all governing laws, regulations, permits and approvals.
3. All construction activities shall adhere to the Revised Construction Sequence 2007-2008 submitted by the applicant to Dexter Township on February 7, 2007.
4. No trees shall be removed along Island Lake Road except as required for the proposed entrance and by the Washtenaw County Road Commission.
Resolution offered by Planning Commission Member Gorenflo
Resolution supported by Planning Commission Member Dempsey
Tally Y = 6 N = 0 Abstain = 0 Absent = 1
The Chair declared the resolution adopted.
DATE: 27th day of February, 2007
____________________
John Shea, Chair
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Dexter Township
planning commission
6880 Dexter-Pinckney Road
Dexter, MI 48130 Telephone: 734-426-3767
Fax: 734-426-3833
www.dextertownship.org
Tom Lewis
Chair
Tom ehman
Vice Chair
Jeffrey Dehring
Secretary
Bill Gajewski,
Twp.brd. rep. Steven Burch
Marty Ruhlig
Bob Nester
Commissioners
Kimberly Jordan,
Recording Secretary
“ A C o m m u n i t y F o r A l l S e a s o n s ”
REGULAR MEETING OF THE PLANNING COMMISSION Tuesday, June 23, 2015
Present: Tom Lewis, Chair; Tom Ehman, Vice-Chair; Jeffrey Dehring, Secretary; Steven Burch; Marty Ruhlig, and Bob Nester.
Also present: Zach Michels, Director of Planning and Zoning (DPZ); Harley Rider, Supervisor; and Kimberly Jordan, Recording Secretary.
Absent: Bill Gajewski
1. Call to Order – Mr. Lewis, called the meeting to order at 7:00 PM.
2. Approval of Agenda - Motion by Mr. Nester, supported by Mr. Dehring, to approve the agenda as submitted. Motion carried 6-0.
3. Public Comment –
Dave Forbes, Island Lake Road, Dexter –Asked if agenda item two, the Group Day Care, was located at 10660 Island Lake Road.
Mr. Lewis replied, yes, it is and there is an opportunity to exchange comments and questions during the public hearing.
4. Action Items
1) Public Hearing for (05-PC-121) Hanover Glen request for site plan extension-
DPZ Michels gave an overview of his staff report for (05-PC-121) Hanover Glen, dated June 10, 2015.
Discussion and dialog ensued between the commissioners and applicants regarding conditions that were applied at the time of final site plan approval and additional conditions applied during extensions.
The applicant noted that they are aware of the conditions and have no issues and/or concerns with compliance of the conditions.
Mr. Lewis opened the Public Hearing at 7:09 pm
Mr. Raymond, 4361 Dexter Town hall Road, Dexter- asked the applicants if the proposed ET Rover pipeline would be going through their property.
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Dexter Township June 23, 2015 Planning Commission Meeting Minutes Page 2 of 6
DPZ Michels stated that Rover is still working on the location and route they want to take.
Mr. Rider, stated that he will be meeting with representatives from ET Rover pipeline tomorrow, June 24th at 10:00 am, here at the Township Hall. He hopes to know more about their plans after that meeting.
Mr. Lewis closed the Public Hearing at 7:13 PM.
Commissioners discussed the consideration and rational of an approval for an ongoing open extension with the condition that the applicant only has to come back for review and a further extension when and if there is a change in the zoning ordinance text that would affect their site plans.
Mr. Carl Frankena, attorney for Hanover Glen, was under the assumption that the zoning ordinance stated that they had to come back every year to request for an extension.
DPZ Michels noted that Hanover Glen was not affected by the 2009 amendment to limit extensions to two years. Stating that it just has been the practice of this body to extend on a yearly basis.
A motion was made by Mr. Ehman to extend (05-PC-121) Hanover Glen site plan for one year until August 31, 2016, subject to the conditions set forth in the original resolution and any conditions of extension granted to date and further extensions with same conditions past August 31, 2016, provided there are no zoning text amendment changes that might shall affect the site plan. [Site plan extension continues if there are no zoning text amendments that affect the site plan].
Mr. Frankena asked for clarification of the motion on the table.
Mr. Rider suggested Mr. Ehman delete the word “might” and replace it with the word “shall”.
Mr. Ehman agreed. The word “might” was deleted and “shall” was inserted.
Motion was supported by Mr. Nester.
Commissioners discussed the amended motion.
Motion carried 6-0.
2) Public Hearing for (15-PC-166) Warm Fuzzies request for Special Land Use --
DPZ Michels gave an overview of his staff report for (15-PC-166) Warm Fuzzies, dated June 12, 2015.
Mr. and Mrs. Conger, the property owners, were seeking a special land use for a group day care home. However, they were unable to attend this evenings meeting. Mrs. Conger was available, via speaker phone, from Denver, Colorado.
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Dexter Township June 23, 2015 Planning Commission Meeting Minutes Page 6 of 6
DPZ Michels noted that the Zoning Ordinance Review Committee (ZORC) has previously discussed temporary structures and the rational of including overhangs in the lot ratio and with further review will forward their findings back to the Zoning Board of Appeals.
Mr. Burch said the Zoning Board will review further the definition of “practical difficulty” and forward their findings and comments back to the Planning Commission and the Ordinance Review Committee for their input.
DPZ Michels informed the Commissioners that the staff has found discrepancies with mortgage surveys. He suggest possible consideration be given to requiring a boundary survey verse a mortgage survey. However, he noted that the cost of a boundary survey is significantly more.
DPZ Michels gave an up-date on the following:
-ZORC is now working on the site plan article. But will be aon sabbatical until September.
-Staff still working with Copper Meadows on their on going issues with tree survey, storm water, and punch list.
-Hartman Farms has had a storm water dentition detention failure. Berm was installed lower than it should have been.
9) Public Comment – None
10) Review of Bylaws – No Action.
11) Future Agenda Items –
Tuesday, July 28, 2015 1) (15-PC-166) Warm Fuzzies request for Special Land Use and Site Plan approval.
Adjournment – Mr. Lewis declared meeting adjourned at 9:22 PM.
Respectfully submitted,
Kimberly Jordan, Recording Secretary Jeffrey Dehring, Secretary
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Dexter Township Planning & Zoning
6880 Dexter-Pinckney Road
Dexter, MI 48130 Telephone: 734-426-3767
Fax: 734-426-3833
www.twp-dexter.org
_______________________________________________________________________________________
Page 1 of 2
“ A C o m m u n i t y F o r A l l S e a s o n s ”
DATE: May 30, 2019
TO: Dexter Township Planning Commission
FROM: David Rohr, Director of Planning & Zoning
RE: Hanover Glen (05-PC-121) & Dexter Township Resolution (#05-125)
MEMORANDUM
This memorandum covers the Hanover Glen Final Site Plan Approval (Jan. 1, 2007) and Dexter Township Resolution
(#05-125)
Hanover Glen (05-PC-121)
Project Narrative: On February, 27, 2007, the Planning Commission, approved, with conditions, the final site plan for Hanover Glen, a 36-unit, residential open space community site condominium.
Property History On August 25, 2005, the final site plan review application for (05-PC-121) Hanover Glen was submitted. On February 27, 2007, the Planning Commission approved the final site plan for (05-PC-121) Hanover Glen. On February 5, 2008, the Planning Commission granted a 12-month extension of the final site plan for (05-PC-121) Hanover Glen, through August 31, 2009. On July 28, 2009, the Planning Commission granted a 12-month extension of the final site plan for (05-PC-121) Hanover Glen, through August 31, 2010, subject to conditions. On May 25, 2010, the Planning Commission granted a 12-month extension of the final site plan for (05-PC-121) Hanover Glen, through August 31, 2011, subject to conditions. On March 22, 2011, the Planning Commission granted a 12-month extension of the final site plan for (05-PC-121) Hanover Glen, through August 31, 2012, subject to conditions. On March 27, 2012, the Planning Commission granted a 12-month extension of the final site plan for (05-PC-121) Hanover Glen, through August 31, 2013, subject to conditions. On March 26, 2013, the Planning Commission granted a 12-month extension of the final site plan for (05-
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Planning Commission Materials June 25, 2019
Page 2 of 2
PC-121) Hanover Glen, through August 31, 2014, subject to conditions. On June 24, 2014, the Planning Commission granted a 12-month extension of the final site plan for (05-PC-121) Hanover Glen, through August 31, 2015, subject to conditions.
On June 23, 2015, the Planning Commission granted a 12-month extension of the final site plan for (05-PC-121) Hanover Glen, through August 31, 2016, subject to conditions. (See attached minutes for renewal procedures, 6-23-2015)
Dexter Township Resolution (#05-125)
Granted preliminary approval for private roads in the Hanover Glen Site Condominium project. (see attached) However,
per the resolution, private roads would not be granted final approval until the Planning Commission has made a
recommendation to the Board and the board has taken appropriate action on the recommendation.
Planning Commission Recommendation
Based on Township Resolution (#05-1215), the Township Board will need a formal recommendation from the Planning
Commission to approve the Hanover Glen Private Road Application.
Please contact this office with any additional questions.
David Rohr
Director of Planning & Zoning
Dexter Township
Attachments:
• Dexter Township Resolution # 05-125 • (05-PC-121) Final Site Plan Approval Resolution • Planning Commission Meeting minutes (6-23-2015)
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Planning Commission Resolution (19-PC-196) Hanover Glen Private Roads Application
A resolution to approve private roads in the Hanover Glen Site Condominium project.
Whereas, Marhofer/Campbell Development Co., LLC has submitted an application for private roads (Hanover Court, Calumet Lane & Suffolk Court) in the proposed Hanover Glen site Condominium Development, and
Whereas, the Dexter Township Planning Commission reviewed the project and granted preliminary site plan approval on January 25, 2005, and
Whereas, the Dexter Township Planning Commission voted on January 25, 2005 to “recommend” approval of the Hanover Glen Private Roads to the Dexter Township Board, and
Whereas, the Dexter Township Board granted preliminary approval of the Hanover Glen Site Condominium private roads on February 15, 2005…and stated that said private roads shall not be granted final approval until the concerns, as stated in a January 25, 2005 Planning Commission motion, were addressed and that all monies owed Dexter Township were paid in full, and
Whereas, the Dexter Township Planning Commission reviewed the project and granted final site plan approval on February 27, 2007, and
Whereas, our Director of Zoning and Planning, David Rohr, in a memorandum dated June 10, 2019 – detailed the above multi-year approval process, including project narrative, project history, and multi-year extensions (See resolutions file #05-PC-121 & #05-PC-125), and
Whereas, the site plan has received requisite approvals from the Washtenaw County Road Commission, and
Whereas, the site plan meets the requirements of the Dexter Township Private Road Ordinance, as amended, and
Be it Therefore Resolved – that the Dexter Township Planning Commission approves the Hanover Glen Private Roads application with a FAVORABLE RECOMMENDATION to the Township Board.
This resolution includes all the conditions that are part of the record that may be specified in the plans, and letters of review; and, this resolution also includes a condition for a development agreement that shall be approved by the Dexter Township Attorney and the Township Board.
Resolution offered by Planning Commission Member Gajewski
Resolution supported by Planning Commission Member Nester
Tally: Yeas – Burch, Straub, Lewis, Reiser, Gajewski, Nester; Nays – None -; Absent – Mehuron. The Chair declared the resolution Adopted. Date: 25th day of June, 2019
Steve Burch, Chair
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Dexter Township Resolution # 19-xxx
A resolution to approve private roads in the Hanover Glenn Site Condominium project, including variances from the Dexter Township Road Ordinance as may be specified in the plans and letters of review.
Whereas, Marhofer/Campbell Development Co., LLC has submitted an application for private roads in the proposed Hanover Glen Site Condominium Development, and;
Whereas, the Dexter Township Planning Commission has reviewed the project and granted preliminary and final site plan approval for the project, said plan specifying private road(s), and;
Whereas, the Dexter Township Board conditionally granted approval of said private roads on February 15, 2005 (Board Resolution 05-125), and:
Whereas, the Dexter Township Road Ordinance, as amended, designates the Township Board as the approving body for private roads, following review and recommendation by the Planning Commission, and
Whereas, the Dexter Township Planning Commission voted on June 25, 2019 to favorably recommend that the Township Board approve the private roads (19-PC-196);
Now therefore be it resolved, the Dexter Township Board, by a vote of the majority at a regularly scheduled and duly noticed meeting held this 16th day of June, 2019, grants approval for private roads in the Hanover Glen Site Condominium project, as per the submitted plans, and further provided that said private roads shall not be granted final approval until such time as all monies owed to Dexter Township for fees, expenses and/or other related issues relating to the Hanover Glenn project have been paid in full. Resolution offered by Board Member ? Resolution supported by Board member ? Roll call vote: Yeas: ? Nays: ? Abstain: None Absent: None Tally Y = ?; N = ?; Abstain = ?; Absent = ? The Supervisor declared the resolution adopted
CERTIFICATE The undersigned, being the duly elected and acting Clerk of the Township of Dexter hereby certifies that the foregoing resolution was adopted at a regular meeting of the Dexter Township Board at which a quorum was present on the 16th day of July, 2019, and that the members voted thereon as hereinbefore set forth.
____________________ Debra A. Ceo, Clerk
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DEXTER TOWNSHIP
DEVELOPMENT AGREEMENT
HANOVER GLEN CONDOMINIUM
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of the ___ day of
__________________, 20___, by and between Marhofer/Campbell Development, LLC, a Michigan limited
liability corporation (“Owners/Developer”), whose address is 7444 Dexter-Ann Arbor, Suite E-1, Dexter, MI
48130and the Township of Dexter, a Michigan general law township, whose address is 6880 Dexter-Pinckney
Road, Dexter, MI 48130 ( “Township”).
RECITALS
A. WHEREAS, the Developer desires to develop the Hanover Glen Condominium project of an
overall parcel size totaling approximately 73.8 acres, on real property that is legally described in Exhibit “A,”
attached hereto and made a part of this Agreement, located north of Island Lake Road, west of Dexter-Townhall
Road, which property is being developed as a residential condominium project, known as “Hanover Glen”
(“Development/Project”). The Development constitutes 36 residential units, described in Washtenaw County
Condominium Subdivision Plan No. 558; and
B. WHEREAS, the Developer desires to develop the entire Development pursuant to the applicable
2003 Dexter Township Zoning Ordinance that was in effect on February 27, 2007 (“Zoning Ordinance”) and
according to the provisions of the Condominium Act, Public Act 59 of 1978, and pursuant to the authority granted
by Section 141 of the Condominium Act; and
C. WHEREAS, the Developer desires to build all necessary on-site infrastructure for the
Development, including, but not limited to, roads, curbs and gutters, private wells, septic systems, storm sewers,
drainage facilities, detention facilities, and electrical and telecommunication utilities, as shown in the approved
Final Site Plan for the Development, without the necessity of special assessments by the Township; and
D. WHEREAS, the Developer desires to install the unit grading and soil erosion and sedimentation
control improvements shown in the approved Final Site Plan in order to facilitate the drainage of storm water
from and within the Development in such a manner as is not expected to result in damage to any adjacent property
outside of the Development or any site condominium unit or common element within the Development from an
increase in the flow of storm water or decrease in water quality of storm water from or within the Development;
and
E. WHEREAS, agreements, approvals, and conditions agreed to by the Developer and the Township
remain in effect, including, but not limited to, conditions and safeguards of all approvals by the Township
regarding zoning, open space community, and site plan approvals for the Development and permits that may have
been issued by appropriate governmental review agencies for the Development; and
F. WHEREAS, the Township’s Planning Commission (“Planning Commission”) has taken the
following actions approving the Development, with conditions and safeguards, as outlined in the adopted
resolutions:
Preliminary Site Plan Approval: general resolution (October 26, 2004)
Open Space Community Approval: general resolution (October 26, 2004)
Final Site Plan Approval: (05-PC-121) Hanover Glen (February 27, 2007)
Extension Approval: by motion (July 28, 2009)
Extension Approval: by motion (May 25, 2010)
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Extension Approval: by motion (March 22, 2011)
Extension Approval: by motion (March 27, 2012)
Extension Approval: by motion (March 26, 2013)
Extension Approval: by motion (June 24, 2014)
Extension Approval: by motion (June 23, 2015)
G. WHEREAS, the date of February 27, 2007, shall constitute the date of Final Site Plan approval for
all purposes, including, without limitation, the date upon which the necessity for an extension of the Township’s
approval under the Zoning Ordinance would be calculated, while acknowledging that conditions of approvals
may not have been satisfied as of that date;
H. WHEREAS, the extension approvals for the Final Site Plan, starting on July 28, 2009, have
required a Development Agreement (“Agreement”) for this Development;
I. WHEREAS, the Dexter Township Board of Trustees (“Township Board”) approved the private
roads for the Development on __________, 2019, with conditions;
J. WHEREAS, the execution of this Agreement in connection with extensions of the Final Site Plan
approval for the Development shall be binding upon the Township, Developer, and the owner(s) of the Property,
their successors-in-interest and assigns, and the owners of units within the Development;
NOW, THEREFORE, in consideration of the property and the mutual covenants of the parties described
in this Agreement and with the express understanding that this Agreement contains important and essential terms
as part of the extension approvals of the Developer’s Final Site Plan for the Development, the parties agree as
follows:
ARTICLE I
GENERAL TERMS
1.1 Recitals Part of Agreement. Developer and the Township acknowledge and represent that the
foregoing recitals are true, accurate, and binding on the respective parties and are an integral part of this
Agreement.
1.2 Zoning District. The Township acknowledges and represents that the Development is located
within the Agriculture (AG) District. The Township further acknowledges that the Development is located within
the Open Space Community Overlay (OSC) District and had received an open space community planned unit
development approval.
1.3 Approval of the Open Space Community. The open space community planned unit
development has been approved, pursuant to the authority granted to and vested in the Township, pursuant to
Public Act 110 of 2006. The Development is approved for the dimensional standards contained in the Final Site
Plan.
1.4 Approval of Final Site Plan. The Final Site Plan for the Development has been approved and
granted extensions pursuant to the authority granted to and vested in the Township, pursuant to Public Act 183 of
1943 and Public Act 110 of 2006.
1.5 Approval of Roads. The private roads have been approved by the Township Board, pursuant to
the authority granted to and vested in it, pursuant to Dexter Township Ordinance 21 (“Road Ordinance”) and
Public Act 246 of 1945.
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1.6 Conditions of Approvals. Developer and the Township acknowledge that the approved open
space community planned unit development, approved Preliminary Site Plan, approved Final Site Plan, and
extension approvals of the Final Site Plan for the Development incorporate the Township’s approved conditions,
safeguards, and requirements that were adopted by the Planning Commission, consultants, and departments of
the Township.
1.7 Agreement Running with the Land. The terms, provisions, conditions, and safeguards of this
Agreement shall be deemed to be of benefit to the Development, shall be deemed a restrictive covenant that shall
run with the land and be binding upon and inure to the benefit of the parties, their successors and assigns, and
may not be modified or rescinded, except as may be agreed to in writing by the Township, the Developer, and/or
their respective successors and assigns, as outlined in this Agreement. This restrictive covenant is in addition to
the executed instruments for this Development and shall be incorporated into the title for the individual units.
Anything to the contrary herein notwithstanding, any person who is neither a party hereto nor the successor or
assignee of a party shall not be deemed an intended contractual beneficiary of this Agreement or have the right to
commence any lawsuit or proceeding to enforce this Agreement or any portion thereof.
1.8 Master Deed, Bylaws, Appurtenant Easements, & Deed Restrictions. The Master Deed,
Bylaws, appurtenant easements, and deed restrictions for the Development have been submitted by the Developer
and approved by the Township as part of the site plan approval process. Said documents are hereby incorporated
and made a part of the approved Final Site Plan for the Development.
A. Enforcement. The Township shall retain the right, but shall have no obligation, to enforce the
provisions of said documents if the Township determines enforcement to be necessary in the
interests of public health, safety, or welfare.
B. Amendments. Any amendments to the bylaws or deed restrictions must be approved by the
Township in those instances where the bylaws or deed restrictions provide for Township’s
approval, which approval shall not be unreasonably withheld.
ARTICLE II
PROVISIONS REGARDING DEVELOPMENT
2.1 Phases. The Development will consist of one (1) phase, the boundary of which is identified in the
approved Final Site Plan.
2.2 Permitted Principal Uses. The only permitted principal use within the Development shall be
residential dwellings and uses, and associated accessory structures per Article 6 of the recorded By-Laws, as
depicted in the approved Final Site Plan. Agricultural and utility uses shall be permitted within the utility
easement, as depicted on the approved Final Site Plan.
2.3 Model Homes. Up to two (2) model homes may be constructed and used for sales for the
Development throughout the sales and construction period.
2.4 Use of General Common Element Open Areas. Certain portions of the general common element
open areas are to be used for storm water retention and drainage, recreation, agricultural crops, and open space
purposes, as depicted in the approved Final Site Plan. With the exception of landscaping improvements, drainage
systems, utilities, or other improvements required to be installed by the Developer, as depicted on plans that have
been approved by the Township, improvements shall not be installed or constructed within the open areas without
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approval of the Township pursuant to the 2003 Dexter Township Zoning Ordinance, which approval shall not
unreasonably be withheld.
2.5 Construction Work Schedule. Construction work, including, but not limited to, excavation,
demolition, alteration, and erection, and construction noises shall be limited to the following times:
A. Before Occupancy. Construction shall be limited to the following hours before the issuance of a
final certificate of zoning compliance for any unit within the Development:
MONDAY through FRIDAY - 7:00 am - 7:00 pm
SATURDAY - 7:00 am - 5:00 pm
B. After Occupancy. After the issuance of a final certificate of zoning compliance for any unit within
the Development, construction within one hundred (100) feet of any lot with an occupied dwelling
unit shall be limited to the following hours:
MONDAY through FRIDAY - 7:00 am - 6:00 pm
SATURDAY - 8:00 am - 5:00 pm
C. Additional Hours. The Director of Zoning & Planning may authorize additional work hours due
to unusual or unique circumstances.
2.6 Construction Access. The Developer agrees to direct all truck traffic related to the Development
directly onto Island Lake Road and to use only approved construction traffic routes. The Developer further agrees
to make all contractors and subcontractors aware of the approved construction traffic routes.
2.7 The Developer shall install a “Mud Mat”, or similar method of ensuring that construction vehicles
entering Island Lake Road from the development do not track mud or unreasonably track dirt onto Island Lake
Road. Said mat shall extend a sufficient distance into the development from Island Lake Road, but not less than
75 feet.
2.8 Special Assessment Authority. The Developer shall petition the Township Board to establish a
Special Assessment District, as authorized under Public Act 246 of 1945, Public Act 139 of 1972, Public Act 116
of 1923, and Public Act 188 of 1954, for the purpose of maintaining improvements within the Development for
the common areas, private roads, and drainage systems, as outlined in this Agreement and levying special
assessments upon the real property and improvements of the project to fulfill the obligations and maintain, repair
and replace the common areas, private roads, drainage systems of the Development. This petition shall be
submitted before the sale of any unit within the Development. The Township shall establish the Special
Assessment District and assess a levy only if the Association fails to properly maintain the common areas, private
roads, and drainage systems.
2.9 Notice to Buyers. In addition to disclosure statements required by the Michigan Condominium
Act, MCL 559.101 et seq, Developer shall provide each purchaser of a site condominium unit with a specific
Disclosure Statement that the private roads will not be maintained by the Road Commission or the Township,
which shall be presented to the Township Clerk prior to the sale of the first site condominium unit, and a copy of
this Agreement.
2.10 Preconstruction Meeting. Prior to the commencement of any clearing or grading within the
Development, the Developer shall hold a preconstruction meeting with its general contractor, construction
manager, and the Township’s applicable departments, officials, and consultants to review the applicable policies,
procedures, and requirements of the Township with respect to construction of the Development.
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2.11 Construction Escrow. Prior to the commencement of any clearing or grading within the
Development, the Developer shall establish a Construction Escrow with the Township, as reasonably determined
by the Township Engineer to cover the cost of reviewing and inspecting the Development. The Township shall
draw from this Construction Escrow to pay for costs and services associated with the review and inspection of
the Development.
2.12 Performance Guarantee. Prior to the commencement of any clearing or grading within the
Development, the Developer shall establish a Performance Guarantee with the Township, to ensure that
improvements are constructed and installed, as depicted in the approved Final Site Plan, and that the site is
maintained through Final Acceptance.
A. Form. The Performance Guarantee shall be a cash escrow or irrevocable bank letter of credit, in
a form acceptable to the Township Clerk.
B. Total. The Performance Guarantee shall be for an amount to be determined at or before the
Preconstruction Meeting based upon estimated development costs and shall be broken into
components for Earthwork, Monuments/Corner Markers, Lot Maintenance, General Maintenance,
Landscaping, Roads, and Drainage System. The Developer currently estimates the total
Performance Guarantee to be $720,000.00. The Developer shall provide an updated estimate
including the aforementioned components before the Preconstruction Meeting, and the Township
may require reasonable adjustment to the Developer’s proposed Performance Guarantee at or
before the Preconstruction Meeting as a condition of commencement of work.
C. Release. The Township shall promptly authorize the release of the cash deposit or irrevocable
letter of credit, from time-to-time, upon request by Developer as improvements are completed.
Reduction of the performance guarantee shall be proportional to the improvements completed,
except as otherwise noted below. Requests for reduction should be submitted on a quarterly basis
or following significant completion of improvements.
i. Monuments/Corner Markers. The Performance Guarantee for the installation of the
monuments/corner markers shall be released following completion of all construction and
upon written certification from a surveyor, licensed in the State of Michigan and reasonably
acceptable to the Township, that he or she has caused all monuments and unit markers, as
shown in the approved Final Site Plan, to be correctly located in the ground and that the
monuments are located in the ground at the time of certification.
ii. General Maintenance. Twenty (20) percent of the Performance Guarantee for the general
maintenance of the Development shall be retained until Final Acceptance.
iii. Landscaping. Twenty (20) percent of the Performance Guarantee for landscaping shall be
retained for a two (2) year period following Final Acceptance and an inspection by the
Township confirming the landscaping is in good condition.
iv. Roads. Twenty (20) percent of the Performance Guarantee for roads shall be retained until
certification of the roads by the Township.
v. Drainage System. Twenty (20) percent of the Performance Guarantee for the drainage system
shall be retained until Final Acceptance.
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D. Timely Release. The Township shall release the cash deposit or irrevocable letter of credit within
thirty (30) days after review and approval, and such approval shall not be unreasonably withheld.
2.13 Engineering Approval of Plans. In accordance with the 2003 Dexter Township Zoning
Ordinance and Township Engineering Design Specifications, or as approved by the Township Engineer,
construction work or grading, except as set forth below, shall not be performed within the Development until
engineering plans are reviewed and approved by the Township’s Engineer. Township agrees that all plan reviews
required by its engineer shall be “turned-around” expeditiously. Review shall be paid for by the Developer and
may be taken from the Construction Escrow, with a statement provided to the Developer.
2.14 The Developer shall ensure that appropriate soil erosion permits are obtained for the development
2.15 Engineering Certifications. The Developer shall be responsible for providing or coordinating
the engineering certifications and inspections.
A. Soil Erosion & Sedimentation Control. Developer shall furnish a “project engineer’s certificate,”
prior to grading, signed and sealed by a professional engineer licensed in the State of Michigan,
indicating that all soil erosion and sedimentation measures have been complied with.
B. As-Built Certification. Developer shall submit signed and sealed certification by a professional
engineer, licensed in the State of Michigan, that “as-builts” are in substantial compliance with the
constructed site improvements.
C. As-Built Plans. Developer shall furnish “as-built” engineering plans in a digital format, compatible
with Township record system and its Engineer, and a sealed copy, reviewed and approved by the
Township’s Engineer showing all site improvements, and any current versions or updates to such
records.
D. Grading. Developer shall furnish a “project engineer’s certificate,” signed and sealed by a
professional engineer licensed in the State of Michigan, indicating the final site grading. Final
certificates of zoning compliance shall not be issued until the site grading certification is received
and approved by the Township.
E. Private Roads. Developer shall also furnish written evidence to the Township that the private road
has been determined to be constructed in conformance to specifications as depicted on the
approved Final Site Plan.
F. Storm Sewer. All inspections for storm sewer installations are to be performed by the Township’s
engineering inspectors, with applicable fees paid by Developer. Developer shall furnish a “grading
certification” indicating the final “as-built” grades for all storm inlets, lot corners, high points, low
points and ditch lines on lots and all storm inlets, high points and low points on roadways. The
“grading certification” shall be signed and sealed by a surveyor licensed in the State of Michigan,
reasonably acceptable to the Township.
G. Township Right to Inspect. The Township shall have the right, but not the obligation, to enter the
property to spot-check certification grades at its own discretion and at its own expense.
2.16 Monuments/Corner Markers. Developer shall be responsible for the accurate installation of all
monuments and unit markers, as shown in the approved Final Site Plan for the Development and as required by
the Road Commission.
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2.17 Final Acceptance. Final Acceptance for the purpose of this Agreement shall be when all of the
following conditions have been met:
A. Completion of Improvements. All of the improvements noted in the approved Final Site Plan have
been installed and determined to be completed in accordance with the approved Final Site Plan;
B. Road Certification. The private roads within the Development have been certified by the
Township;
C. Fees & Invoices. All fees and invoices have been paid or can be paid from the balance of the
Performance Guarantee or Construction Escrow.
2.18 Warranty. The Developer shall warrant all private roads and drainage systems to be in a good
and workmanship like manner and free of defect or failure for a period of two (2) years from Final Acceptance.
The Developer shall deliver to the Township a separate warranty as to construction as required by this section
and security, in the form above described, not to exceed ten (10%) percent of the original cost of construction to
secure performance of the conditions of the Developer’s warranty. The Township Clerk shall receive such
security and is authorized to accept a written warranty of the Developer in conformance with the requirements of
this section. Any remaining funds in the Performance Guarantee may be rolled over into this Warranty.
2.19 Maintenance of Unsold Units. Developer shall be responsible for maintaining all unsold lots in
a manner consistent with a residential atmosphere until Final Acceptance. If Developer, after reasonable notice
to maintain unsold lots, does not take adequate action to remediate such conditions, the Township may take
necessary actions, with the cost to be paid by the Developer. This cost may be taken from the Performance
Guarantee, with a statement provided to the Developer.
2.20 Maintenance of Common Areas. Developer or Association shall be responsible for maintaining
all common areas in a manner consistent with a residential atmosphere, agricultural crops, or natural state, as
depicted in the approved Final Site Plan and open space community until Final Acceptance. This includes
removal of all trash, construction debris, and rubbish from the open areas during the period of construction and
maintenance of landscaping.
2.21 Removal of Construction Debris. Developer shall remove all discarded, surplus, or scrap
building materials and rubbish at least two (2) times every month during construction of the Development and
within one (1) month of completion or abandonment of construction. No burning of discarded construction
material shall be allowed on site. If Developer, after reasonable notice to remove construction debris, does not
take adequate action to remediate such conditions, the Township may take necessary actions, with the cost to be
paid by the Developer. This cost may be taken from the Performance Guarantee, with a statement provided to
the Developer.
2.22 Dust Control. Developer shall take all reasonable measures directed by the Township or the Road
Commission to reduce any dust created by trucks traveling to and from the construction site or activities within
the Development, which may include, installing brine on the roads, sweeping the roads within the Development,
and/or deploying a water truck on site when dust conditions create a nuisance during construction, the expense of
which shall be born exclusively by the Developer. If Developer, after reasonable notice to cure dusty conditions,
does not take adequate action to remediate such conditions, the Township may take necessary actions, with the
cost to be paid by the Developer. This cost may be taken from the Performance Guarantee, with a statement
provided to the Developer.
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2.23 Landscaping. Developer shall be responsible for installing trees and landscaping, as depicted on
the “Landscape Plan” of the approved Final Site Plan for all aspects of the Development. All landscaping shall
be according to the location, quantity, species, and size identified on the “Landscape Plan” of the approved Final
Site Plan for the Development. Developer shall be responsible for replacing any tree or landscaping within any
portion of the Development, as identified within the approved Final Site Plan. that is determined by Developer or
the Township, within two (2) years after Final Acceptance, to be diseased, dead, or dying. This responsibility
shall be assigned to the Association following the expiration of such 2-year period, the obligation to replace
diseased, dead, or dying trees or landscaping, and Developer shall have no further obligation with respect thereto.
2.24 Tree Preservation. Trees shown to be preserved on the approved Final Site Plan and within one
hundred (100) feet of disturbed areas shall be protected from encroachment and damage during all phases of
development and, if damaged or removed as a result of construction work, shall be replaced during the succeeding
calendar year. If a tree with a caliper of greater than six (6) inches is lost, it shall be replaced as directed by the
Planning Commission or as outlined in the Zoning Ordinance.
2.25 No Disturbance of Wetlands. There are no wetlands located within the Development.
2.26 Water Supply. The Development shall be developed with private wells, to be approved by the
Washtenaw County Environmental Health Department (“Environmental Health Department”). Developer
agrees that neither it, its successors, or assigns shall do any work on or in preparation for the installation of the
private wells on the site without the appropriate permits. If the Development is within a well-first area, as defined
by the Environmental Health Department, final approval for a well must be provided to the Township before a
final certificate of zoning compliance may be issued.
2.27 Sanitary Sewer. The Development shall be developed with private septic systems, to be approved
by the Environmental Health Department. Developer agrees that neither it, its successors, or assigns shall do any
work on or in preparation for the installation of the private septic systems on the site without the appropriate
permits.
2.28 Easements for & Assignments of Sewer Lines. This Development has no sanitary sewer lines
or associated easements.
2.29 Construction of Public Utilities. Developer shall be responsible for the installation of public
utilities within the Development in a manner acceptable to the applicable public utility.
2.30 Underground Utilities. Developer shall install or cause to be installed all gas, electric, telephone,
and other communication systems underground for the Development in accordance with requirements of the
applicable utility company and applicable Township Ordinances.
2.31 Fiber Optic Cable. Developer shall work with the local telecom provider for the installation of
fiber optic cable to each of the dwelling units or shall place conduit that can be used to install fiber optic cable in
the future.
2.32 Private Roads. All roads within the Development are designated to be private roads, as depicted
on the approved Final Site Plan. Such roads must be approved by the Township Board before any work, including
clearing of land, grading, or any elevation work, is commenced.
A. Construction. Such roads shall be surfaced and constructed in accordance with the specifications
depicted on the Final Site Plan for the Development and as approved by the Township Board.
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B. Inspections. During the various stages of road construction, the Developer shall notify the
Township, with at least a 24-hour advance notice, of all scheduled inspections required by any
public authority, including the inspections required under the Road Ordinance, including but not
limited to the following:
1. Finished sub-grade surface of all roads within the Development and for all road entrances and
exit tapers at the access points of the Development from Island Lake Road;
2. Underground road drainage and utility installation;
3. Complete sub-base, base course, and bituminous placement;
4. Those inspections required by the Road Ordinance; and
5. Other inspections determined necessary by the Township Engineer at the preconstruction
meeting.
C. Inspection Reports. The Developer shall provide the Township with copies of all inspection
reports that the Developer receives in conjunction with the aforementioned paragraph, including,
but not limited to, inspection reports for the various stages of road entrance construction, identified
above, and a copy of reports of any unscheduled inspection.
D. Tapers. Developer shall install, in conjunction with its construction of the Development,
deceleration/acceleration tapers on Island Lake Road in relation to the entranceways to the
Development, in accordance with road and drainage plans reviewed and approved by the Road
Commission. Developer shall provide the Township copies of its agreement with the Road
Commission to construct such improvements.
E. Road Signs. The Developer shall provide a plan for signs and installation of road name signs in
accordance with the standards of the Road Commission and its specifications and as required by
the Planning Commission approvals, including installation of such temporary warning signs during
periods of construction as are appropriate to protect the public health, safety, and welfare. Road
signs and traffic control signs must be installed before issuance of a zoning permit for any building
within the Development.
F. Identification Signs. Every principle building within the Development shall place and maintain an
identification sign, on the post office box or building in a manner clearly visible from the adjacent
street, with letters or numerals that are at least three (3) inches high and in a color clearly distinct
from the background color.
G. Road Completion. In accordance with §3, B, 5 of the Road Ordinance, all roads must be completed
within two (2) years of the date of approval. If not completed, the Township and/or the Road
Commission shall have the right, but not the obligation, to enter the property and complete
construction at the cost of the owners, and the Performance Guarantee shall be surrendered to the
Township for the completion of the work by the Township, to the extent that the Township deems
advisable. However, the Township may extend the time for good cause.
H. Public Use. All private roads within the Development shall be open to public use for enforcement
of the Michigan Uniform Traffic Code and all other similar laws and ordinances.
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I. Emergency & Public Vehicles. All private roads within the Development shall be open to any
emergency and public vehicles used in the performance of necessary public services and to any
utility company or municipality providing utility services within the Development.
J. Interference. The normal use of the private roads within the Development by other unit owners
and their families, guests, invitees, and contractors, emergency or public vehicles, or contractors
doing work within the Development shall not be restricted or interfered with by the Developer,
unit owners, or the Association.
K. Certification. The Township Board will certify the private roads within the Development conform
to the standards of the Road Ordinance and have been accepted as approved private roads by
resolution following receipt of the Township Engineer’s final inspection report.
L. Final Certificate of Zoning Compliance. The Township shall not issue a final certificate of zoning
compliance for buildings within the Development unless the road has been certified by the
Township or a Performance Guarantee to ensure the good condition of the roads is retained by the
Township.
M. Private Road Agreement. This Agreement shall constitute the Private Road Agreement required
by the Road Ordinance.
N. All grading, stormwater system road improvements and common area landscaping shall be
installed and approved prior to issuing the first preliminary certificate of zoning compliance
(Zoning Permit) for residential construction other than for designated “Model Homes”.
2.33 Nonmotorized Pathways. This Development has no nonmotorized pathways.
2.34 Road Lighting. The Development will not include any road lighting.
2.35 Storm Water Management. The Development shall not increase the flow rate of run-off leaving
the property, and the existing properties downstream shall not be negatively impacted by this Development. The
detention pond areas located within the Development, or which are appurtenant to the Development, and required
to be maintained as part of the Development, per the approved Final Site Plan, shall be maintained in accordance
with the best practices recommended by the Washtenaw County Water Resources Commissioner, and all grasses
and vegetation growth within the pond areas shall be maintained and cut so that the pond areas function in
accordance with the representations in the approved Final Site Plan. The inlet and outlets located within the pond
areas shall be kept functioning as originally designed and approved.
2.36 Road & Storm Sewer Replacement Funds. In addition to any replacement fund required by the
Master Deed, Bylaws, and/or Condominium Act, the Developer or Association shall establish and shall maintain
a separate depository account designated as Road and Storm Sewer Replacement Funds. Money credited thereto
shall be used solely for the purposes of maintenance, repair, and/or replacement of the private road system and
drainage systems of the Development.
A. Funding. After a unit is sold and occupied by a unit owner other than the Developer, the
Association shall collect a separate assessment for the Road and Storm Sewer Replacement Funds,
as provided for in the Recorded Master Deed and By-Laws
B. Accounting. The Road and Storm Sewer Replacement Funds shall be held in a separate account
from other reserve or replacement funds. The Association shall provide the Township a copy of
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the bank statement showing the amount held in the Road and Sewer Replacement Funds on an
annual basis.
C. Township Treasurer. At the Township’s request, the Association shall add the Township Treasurer
as a signer on the Road and Storm Sewer Fund for the sole purpose of ensuring that the funds are
used solely for maintenance, repair, and/or replacement of the roads and storm sewer systems of
the Development.
D. Special Assessment District. If the Township collects an assessment from the special assessment
district for the purpose of maintenance, repair, and/or replacement of the roads or storm sewer
system, the Association may contribute the Road and Storm Sewer Funds to the special assessment
district, and the estimated cost of the special assessment district shall be reduced by that amount
contributed.
E. Public Contribution. Contributions to the Road and Storm Sewer Replacement fund shall not be
made by the Township or any public authority.
F. Obligation. Annual contribution to the Roads and Storm Sewer Replacement Funds shall be a
continuing obligation. It shall be a lien upon the real property and assessed to the individual unit
owners.
2.37 Road & Drainage System Conditions. The roads within the Development shall be maintained
in good condition and repair and fit for travel in a manner consistent with the standards and requirements for
public roads and roads within the Township. “Good condition and repair and fit for travel” shall mean assuring
the continued structural integrity of the traveled portion of the roadway, repairing pot holes and cracks, assuring
adequate drainage for the roads once constructed, replacing failed curb, gutter, culvert, silt fences and structures,
or other appurtenant fixture, undertaking the regular removal of snow, debris, and other obstacles, and undertaking
any and all such other activities as are required to ensure that the condition and repair of the roads and drainage
systems are comparable to the condition and repair of typical, well-maintained public roads and drainage systems
within the Township.
2.38 Maintenance Program. A regular and systematic program of maintenance for the common areas,
roads, and drainage systems shall be established so that the physical condition and intended function of such areas
and facilities shall be perpetually preserved and/or maintained.
ARTICLE III
DURATION & ENFORCEMENT PROVISIONS
3.1 Breach/Cure Provisions. Each party shall have the right to enforce this Agreement, as allowed
by law and as set forth in the 2003 Dexter Township Zoning Ordinance and this Agreement. In the event there is
a failure of a party to perform any material obligation or undertaking required under or in accordance with this
Agreement and after reasonable notice and opportunity to cure, the non-defaulting party shall have the power and
authority, but not the obligation, to pursue remedies for such failure.
3.2 Breach/Cure Provisions II. Any material breach of the conditions, safeguards, or regulations of
this Agreement or the approved Final Site Plan or the violation of the 2003 Zoning Ordinance that was in effect
in 2007 or as otherwise indicated in this Agreement by the Developer, its officers, employees, contractors, agents,
or any other person using said site with the knowledge, actual or implied, of the Developer, may constitute
grounds for the suspension or revocation of this Agreement, notwithstanding that the term herein has not expired.
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3.3 Administration. The Director of Zoning & Planning, and assistants, shall administer and enforce
this Agreement, except as herein provided or except as provided by Ordinance. This includes the right and
authority to enter the site to make periodic inspections or investigations of the site during reasonable business
hours and upon reasonable notice of the Developer, including nondestructive testing, borings, and other
inspections as shall be reasonably necessary to determine the conditions of the Agreement or site plan approval
and Ordinance are being satisfied, and to identify and process violations of the Agreement or site plan approval.
3.4 Right-to-Enter. In all instances in which the Township is authorized to conduct inspections or
pursue maintenance, repairs and/or preservation, as provided in this Agreement or Township Ordinances, the
Township, and its agents and contractors, shall be permitted, and are hereby granted authority, to enter upon all
portions of the property reasonably necessary or appropriate for the purpose of inspecting and/or completing the
respective work
3.5 Interpretation. The Director of Zoning & Planning, shall have the right, power, and authority to
interpret all provisions of this Agreement, except as herein provided or except as provided by the 2003 Township
Ordinance.
3.6 Cease & Desist Order. The Director of Zoning & Planning, or assistants, shall issue a cease and
desist order on the site upon finding a violation of the Agreement or site plan approval or of the 2003 Township
Zoning Ordinance. The Order shall contain the statement of the specific violation and the appropriate means of
correcting the same and the time within which such correction shall be made. The failure, neglect, or refusal to
comply with a cease and desist order shall constitute a violation of this Agreement and may constitute grounds
for revocation or suspension of this Agreement or site plan approval.
3.7 Appeal. The administration, enforcement, or interpretation of this Agreement by the Director of
Zoning & Planning or the Planning Commission may be appealed to the Zoning Board of Appeals, as outlined in
the Zoning Ordinance.
3.8 Scope of Remedies. The Township may pursue any and all remedies available to address
violations of this Agreement or the approved open space community or Final Site Plan. Enforcement by one
remedy does not preclude or waive enforcement by another remedy.
3.9 No Estoppel. Any failure or delay by the Township to enforce any provision of this Agreement,
the Master Deed, Bylaws, appurtenant easements, or deed restrictions shall in no event be deemed, construed, or
otherwise relied upon as a waiver or estoppel of the right to eventually pursue and insist upon strict enforcement.
3.10 Township Proceedings for Failure to Preserve, Maintain, or Upkeep the Roads. The
Township shall have the right, but not the obligation, to enter the Development and perform the required
maintenance or otherwise cure the deficiencies in the event the Developer or successor owners, through the
Association, fails at any time to preserve, maintain, or upkeep the private roads of the Development in accordance
with this Agreement, in order to prevent the drainage system from becoming a nuisance or causing harm to the
public health, safety, and welfare.
A. Notice. Upon determination that the Developer or successor owners, through the Association, has
failed to preserve, maintain, or upkeep the road system, the Director of Zoning & Planning shall
serve written notice setting forth the manner in which the Developer or Association has failed to
maintain or preserve the road systems in accordance with this agreement. The notice shall set forth
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a reasonable period of time for the deficiencies to be cured within and shall state the date, time and
place of a public hearing.
B. Public Hearing. If the deficiencies have not been cured within the period outlined in the notice,
or an extension thereof, the Township shall hold a public hearing to allow the Developer or
successor owners, through the Association, to be heard as to why the Township should not proceed
with the preservation, maintenance, and/or upkeep which had not been undertaken. The public
hearing shall be before the Township Board or other board, body, or official, delegated by the
Township Board. At the hearing, the Township may take action to extend the time for curing the
deficiencies, and the date of the hearing may itself be extended and/or continued to a date certain.
C. Township Action. If, following the public hearing, the Director of Zoning & Planning determines
that the preservation, maintenance, and/or upkeep have not been completed within the time
specified at the public hearing, which may be extended by the Township, the Township shall
thereupon have the power and authority, but not the obligation, to enter upon the Property, or cause
its agents and/or contractors to enter upon the Property, and perform such preservation,
maintenance, and/or upkeep as found by the Township to be appropriate.
D. Costs. The Township’s cost of making and financing such preservation, maintenance, and/or
upkeep, including the cost of all notices and hearing, reasonable attorney’s fees, and an
administrative fee equal to fifteen (15) percent of the cost of such preservation, maintenance and/or
upkeep, shall be paid by the Developer or successor owners, through the Association, and such
amounts shall constitute a lien on all taxable portions of the Property. The Township may require
the payment of such monies prior to the commencement of any work.
E. Collection. If such costs and expenses have not been paid within thirty (30) days of a billing to
Developer or successor owners, through the Association, all unpaid amounts may be placed on the
delinquent tax roll of the Township, with regard to the taxable portions of the Property (allocated
among the several units or lots), and shall accrue interest and penalties, and be collected in the
manner made and provided for the collection of delinquent real property taxes in the Township. In
the discretion of the Township, such costs and expenses may also be collected by suit initiated
against Developer, successor owners and/or the Association, and in such event, Developer, the
successor owners and/or the Association shall pay all Court costs and reasonable attorney’s fees
incurred by the Township in connection with such suit if the Township obtains relief in such action.
F. Special Assessment Levy. The Township may assess a special assessment levy to the Special
Assessment District to cover costs and expenses as provided by law.
3.11 Township Right to Enforce Drainage System. The Township shall have the right, but not the
obligation, to enter the Development and perform the required maintenance or otherwise cure the deficiencies in
the event the Developer or the Association fails at any time to preserve, maintain, or upkeep the drainage systems
of the Development in accordance with this Agreement, in order to prevent the drainage system from becoming
a nuisance or causing harm to the public health, safety, and welfare.
A. Notice. Upon determination that the Developer or Association has failed to preserve, maintain, or
upkeep the drainage systems, the Director of Zoning & Planning shall serve written notice setting
forth the manner in which the Developer or Association has failed to maintain or preserve the
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drainage systems in accordance with this Agreement and demanding that deficiencies of
maintenance or preservation be cured within ninety (90) days of the notice.
B. Township Action. If the deficiencies set forth in the original notice, or any modification thereof,
are not cured within such ninety (90) day period, or any extension thereof, the Township may, but
is not obligated to, enter upon the Development and perform the required maintenance or otherwise
cure the deficiencies.
C. Costs. The Township’s cost to perform any such maintenance or cure, together with a surcharge
equal to fifteen (15) percent for administrative costs, shall be billed to the Developer or, after Final
Acceptance, to the successor owners, through the Association. If such costs and expenses have
not been paid within thirty (30) days of a billing, all unpaid amounts may be placed on the next
Township roll as a special assessment and collected in the same manner as general property taxes
and shall accrue interested and penalties. Any unpaid costs and expenses may be collected by suit
initiated by the Township and the Developer or successor owners shall pay all court costs and
reasonable attorney’s fees incurred by the Township in connection with such suit if the Township
obtains relief in such action. If there is a balance remaining in the Performance Guarantee, the
costs and expenses may be taken from the Performance Guarantee, with a statement provided to
the Developer.
D. Special Assessment Levy. The Township may assess a special assessment levy to the Special
Assessment District to cover costs and expenses as provided by law.
3.12 Township Right to Enforce Open Area. The Township shall have the right, but not the
obligation, to enter upon the open areas and perform the required maintenance or otherwise cure the deficiencies,
in the event the Developer or the Association fails at any time to preserve, retain, maintain, or upkeep the open
areas in accordance with this Agreement, in order to prevent the open areas from becoming a nuisance.
A. Notice. Upon determination that the Developer or Association has failed to preserve, maintain, or
upkeep the open areas, the Director of Zoning & Planning shall serve written notice setting forth
the manner in which the Developer or Association has failed to maintain or preserve the open areas
in accordance with this Agreement and demanding that deficiencies of maintenance or
preservation be cured within ninety (90) days of the notice.
B. Township Action. If the deficiencies set forth in the original notice, or any modification thereof,
are not cured within such ninety (90) day period, or any extension thereof, the Township may, but
is not obligated to, enter upon the open areas and perform the required maintenance or otherwise
cure the deficiencies.
C. Emergency Conditions. Emergency conditions where public health, safety, and welfare is of
concern shall allow for a shorter requirement to respond, and in critical emergencies, the Township
may need to take immediate action after notifying the Developer. Examples of such issues may
include, but not limited to soil erosion, drainage, grading vegetation establishment, vegetation
management, and any other issues relevant to maintaining a safe and healthy residential
atmosphere.
D. Costs. The Township’s cost to perform any such maintenance or cure, together with a surcharge
equal to fifteen (15) percent for administrative costs, shall be billed to the Developer or, after Final
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Acceptance, to the successor owners, through the Association. If such costs and expenses have
not been paid within thirty (30) days of a billing, all unpaid amounts may be placed on the next
Township roll as a special assessment and collected in the same manner as general property taxes
and shall accrue interested and penalties. Any unpaid costs and expenses may be collected by suit
initiated by the Township and the Developer or successor owners shall pay all court costs and
reasonable attorney’s fees incurred by the Township in connection with such suit if the Township
obtains relief in such action. If there is a balance remaining in the Performance Guarantee, the
costs and expenses may be taken from the Performance Guarantee, with a statement provided to
the Developer.
E. Special Assessment Levy. The Township may assess a special assessment levy to the Special
Assessment District to cover costs and expenses as provided by law.
3.13 Suspension. This Agreement may be suspended temporarily and immediately by either the
Planning Commission or Township Board, as outlined below.
A. Public Hearing. A public hearing shall not be necessary for suspension of this Agreement.
B. Notice. The Township shall send written notice by First Class mail to the Developer and the
Association of the possible suspension, including the time and place the suspension will be
considered and the reason for the suspension.
C. Decision Criteria. In order to suspend this Agreement, the Planning Commission shall find all of
the following to be true:
i. Threat: A severe and imminent threat exists to the health, safety, and welfare of
neighboring persons or properties; and
ii. Delay: The delay required for noticing a public hearing would be detrimental to efforts to
mitigate or respond to the threat.
D. Effect. Upon suspension of this Agreement, all activity shall cease immediately, except for any
work authorized by the Planning Commission related to securing the site, correcting the violation,
or addressing the threat.
E. Removing Suspension. The Planning Commission shall outline the conditions necessary for
removal of suspension and may authorize the Director of Zoning & Planning to remove the
suspension upon confirmation that all of the conditions have been satisfied.
3.14 Revocation. This Agreement may be revoked by the Planning Commission, as outlined below.
A. Public Hearing. The revocation shall be heard at a public hearing.
B. Notice of Hearing. Public notice shall be given as outlined in the 2003 Township Zoning
Ordinance. Written notice shall be sent to the applicant of the possible revocation, including the
time and place the revocation will be considered and the reason for the revocation hearing.
C. Decision Criteria. In order to revoke this Agreement, the Planning Commission shall find any one
(1) of the following to be true:
i. Agreement Standard. The execution of the Development is in violation of or not consistent
with any condition or safeguard of this Agreement;
ii. Ordinance Standard. The execution of the Development is in violation of the 2003 Dexter
Township Zoning Ordinance, or other applicable Township Ordinance;
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iii. Approval & Conditions. The execution of the Development is in violation of or not
consistent with any approvals, any condition of approval, or any written commitments; or
iv. Fraud. The approval of this Agreement, site plans, or open space community were the
result of fraud or misrepresentation of facts.
D. Effect. Upon revocation of this Agreement, all activity shall cease immediately, except for work
related to securing or restoring the site or correcting a violation, as may be authorized or ordered
by the Planning Commission, all equipment and materials shall be removed from the site, except
those necessary for securing or restoring the site or correcting a violation, and the site shall be
restored within a reasonable period of time.
E. Reinstatement. If this Agreement has been revoked, a new Agreement must be approved before
work can recommence on the Development.
3.15 Effect of Termination. If the Development is terminated, all monies paid to the Township for
off-site improvements, if any, shall continue to be held in trust for the purpose of defraying the costs of such off-
site improvements, unless the Township Board deems that the termination of the Development has terminated the
need for the improvements. All on-site improvements shall remain in place for the benefit of future development
of the land. If the Development is terminated, the Developer shall have no claim against the Township for the
on-site improvements. Termination of the Development Agreement does not extinguish the Final Site Plan which
shall remain in effect pursuant to approvals and extensions granted under the 2003 Township Zoning Ordinance.
3.16 Continued Review. Developer shall review compliance with this Agreement with the Director of
Zoning & Planning and/or designated Township consultants as deemed reasonably necessary by the Township
until all construction work is complete for the Development.
ARTICLE IV
MISCELLANEOUS PROVISIONS
4.1 Modifications. This Agreement may not be modified, replaced, amended, or terminated without
the prior written consent of the parties to this Agreement, except as explicitly stated in this Agreement.
A. Township. Written consent by the Township to modify, replace, amend, or terminate this
Agreement shall be in the form of a resolution adopted by the Township Board.
B. Developer. The Developer shall have the right to modify, replace, amend, or terminate this
Agreement so long as the Developer owns and offers for sale any residential unit in the
Development. Written consent by the Developer to modify, replace, amend, or terminate this
Agreement shall be in the form of a signed, notarized letter.
C. Association. The Association shall have the right to modify, replace, amend, or terminate this
agreement after all rights and obligations under this agreement have been transferred to the
Association and the Developer no longer owns and offers for sale any residential unit in the
Development. Written consent by the Association to modify, replace, amend or terminate this
Agreement shall be in the form of a resolution of the Association’s Board.
4.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws
of the State of Michigan.
4.3 Severability. If any provision of this Agreement is determined to be invalid or unenforceable by
a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.
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4.4 Prejudice. No provision of this Agreement shall be interpreted for or against any party because
that party or that party’s legal representative drafted this Agreement or its provisions.
4.5 Township Approval. This Agreement has been approved through action of the Township Board
at a duly-scheduled meeting on _________, 2019, and the Township Supervisor has been authorized to sign it on
behalf of the Township.
4.6 Developer & Owner Approval. The signers on behalf of Developer below represent by their
signatures that they represent and have authority to bind all owners of legal and equitable title in the Development
property.
4.7 Execution in Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original and all of which shall constitute one Agreement. The signature of any party
to any counterpart shall be deemed to be a signature to, and may be appended to, any other counterpart.
4.8 Fees & Existing Invoices. The Developer shall pay fees for review time by the Township
Engineer, Planner, and/or Attorney for review and inspection of the Development. The rates shall be $52.50 per
hour for planning review, $100 to $175 per hour for engineering review, and $275 per hour for legal review for
any reviews necessary to determine conformance of the Development to this Agreement. These fees may be
taken from the Performance Guarantee or Construction Escrow, with a statement provided to the Developer.
4.9 Recordation of Agreement. The Township shall record this Agreement with the Washtenaw
County Register of Deeds and shall provide a true copy to the Developer. All costs associated with the recording
of this Agreement shall be borne by the Developer. This cost may be taken from the Performance Guarantee or
Construction Escrow, with a statement provided to the Developer.
4.10 Assignment. Developer shall have the right to assign this Agreement to any other third party,
without the consent of the Township, provided, however, that in the event of such assignment, Developer shall
provide written notice of the assignment to the Township within ten (10) business days of the Assignment.
[Balance of this page intentionally left blank.]
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IN WITNESS WHEREOF, the parties have executed this Agreement and have caused their hands and seals to
be affixed hereto on the dates noted below.
OWNERS:
Marhofer/Campbell Development Co., a Michigan limited liability company By: __________________________ John H. Campbell Its: Registered agent, Managing member
STATE OF MICHIGAN )
COUNTY OF WASHTENAW ) SS
The foregoing instrument was acknowledged before me this ____ day of _____________ 20___, by John H.
Campbell, on behalf of Marhofer/Campbell Development Company, LLC, a Michigan limited liability
company.
________________________________
____________________, Notary Public
__________________ County, Michigan
Acting in Washetnaw County, Michigan
My commission expires: ____________.
[signatures continue on the following page]
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TOWNSHIP:
Dexter Township, a Michigan general law township By: __________________________ Harley B Rider Its: Supervisor
STATE OF MICHIGAN )
COUNTY OF WASHTENAW ) SS
The foregoing instrument was acknowledged before me this ____ day of _____________ 20___, by Harley B
Rider, Dexter Township Supervisor, on behalf of the Township.
________________________________
____________________, Notary Public
Washtenaw County, Michigan
Acting in Washtenaw County, Michigan
My commission expires: ____________.
When recorded return to: David Rohr Dexter Township Director of Zoning & Planning 6880 Dexter-Pinckney Road Dexter, MI 48130 Telephone: 734 426.3767 Fax: 734 426.3833 [email protected]
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DEXTER TOWNSHIP
AGENDA ITEM SUMMARY
MEETING OF: Township Board of Trustees 16 July 2019 Agenda Item Title: Ingress/Egress agreement from ITC to access our new property
Submitted by: H. Rider
Explanation of Agenda Item:
The parcel of property that the Township agreed on June 18th to purchase in advance of the tax sale is land-locked. Access is only available through adjacent private properties, or through the ITC corridor. ITC has agreed to grant us access for inspection of the property over their power corridor.
Fiscal or Resource Considerations: YES _____ NO ___x__ Does this agenda item require the expenditure of funds? YES _____ NO ___x__ If YES, are funds budgeted? YES _____ NO _____ Are staff or other resources required? YES _____ NO __x___ Is a budget amendment required? YES _____ NO ___x__
Attachments:
• ITC License for Ingress/Egress
Staff Comments:
ITC is generously granting the Township access over their power corridor for the purpose of inspecting our new property (D-04 22-400-004). This is for access by Township officials and “invitees” only, not for public access. It is an annual license, with renewal in January of each year.
Motion/Action/Recommendation:
Motion to approve the ITC License for Ingress/Egress to D-04-22-400-004; to authorize the Township Supervisor to execute the agreement on behalf of the Township Board; and to further authorize the Township Supervisor to annually renew the agreement.
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1
LICENSE FOR INGRESS/EGRESS
Licensor: International Transmission Company, a Michigan corporation, d/b/a ITCTransmission, 27175 Energy Way, Novi, MI 48377 ("ITC")
Licensee: Township of Dexter 6680 Dexter Pinckney Road Dexter, MI 48130
Premises: PIN: 04-22-400-004; The North 200 feet of the South 1/2 of Section 22, T. 1 S., R. 4 E., Dexter Township, Washtenaw County, Michigan, and as shown on the attached Exhibit A.
License No: To be assigned by ITC
Term: This license is effective beginning July 8, 2019 and shall be renewed at ITC's option on January 1 of each subsequent year.
License Fee: Gratuitous
1. Grant. ITC grants this License across the Premises to Licensee for the sole purpose of providing pedestrian ingress and egress, including any licensees and invitees of Licensee, of a land-locked parcel. 2. Condition of Premises; Alterations. Licensee has inspected and accepts the Premises in its present "as is" condition and acknowledges that ITC shall not have any obligation whatsoever to make any improvements or alterations to the Premises. Licensee may not alter the Premises in any fashion, except as permitted in advance by ITC in writing. Licensee waives any and all claims Licensee may at any time have against ITC related to the condition of the Premises. 3. Non-interference. Licensee’s use of the Premises pursuant to this License shall not in any way interfere with ITC's utility facilities now or hereafter located on said land or the adjoining land. 4. Assignment. This License shall not be assigned by Licensee without the prior written permission of ITC, such permission shall be granted or withheld in ITC’s sole discretion. 5. Other Interests. This License is subject to any licenses, leases, easements, or other interests in the Premises, whether or not of record. Licensee is responsible for complying with any applicable requirements, including notice and consent requirements, of such licenses, leases, easements, and other interests. 6. Termination. This License will automatically terminate if and when ITC sells the Premises or, if Licensee owns land adjoining the Premises, if and when Licensee sells Licensee's adjoining land. Otherwise, this License will continue until either ITC or Licensee terminates it. Either ITC or Licensee may terminate this License at any time by giving the other written notice of termination. Notice of termination shall be given to the address indicated above or such other address as ITC or Licensee specifies in writing to the other. Notice of termination will be effective upon personal delivery or mailing by first-class mail.
[SIGNATURES FOLLOWING]
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2
International Transmission Company, a Michigan Corporation, d/b/a ITCTransmission
By: ITC Holdings, Inc., a Michigan corporation Its: Sole Owner By: _____________________________ Jean Kim D’Anna Its: Assistant General Counsel – Utility Operations
Township of Dexter
By: _____________________________ Its: _____________________________
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Authorization of Payments
First Distribution – July 09, 2019
T:\clerk1\My Documents\00 Board Packet Items\2019\2019 07\2019 07 09 Authorization of Payment 1.docx Printed 7/11/2019 @ 1:46:51 PM
Clerk’s
Office Debra A Ceo, Clerk Authorization of Payments
July 09, 2019 First Distribution
Attachment(s):
1. July 2019 Payroll
2. General Fund Disbursements – (06/19/2019 thru 07/09/2019)
3. Fire Fund Disbursements – (06/19/2019 thru 07/09/2019)
4. Police Fund Disbursements- (06/19/2019 thru 07/09/2019)
5. Fire Sub-Station Disbursements- (06/19/2019 thru 07/09/2019)
6. General Agency Fund Disbursements – (06/19/2019 thru 07/09/2019)
7. Multi Lakes Debt Service – None
July Gross Payroll
$29,805.74
Disbursements June 19, 2019 thru
July 9, 2019 Grand Total
General Fund $47,143.87 $ $47,143.87
Fire Fund $65,282.12 $ $65,282.12
Police Fund $40,162.50 $ $40,162.50
Substation Fund $28,278.58 $ $28,278.58
Agency Fund $540.00 $ $540.00
MLWSA Debt Service $0 $ $0
Total $181,407.07 $ $181,407.07
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Page 1 of 1
Meetings attended 06/19/19 – WATS Policy Committee meeting
06/20/19 – DAFD Board meeting
06/25/19 – WAVE Board meeting
07/11/19 – MLWSA Board meeting
Respectfully submitted, Harley B. Rider, Supervisor
Dexter Township Board Supervisor’s Report
July 16, 2019
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T:\clerk1\My Documents\Reports\Reports 2019\Clerk 2019 07.docx
REPORT FOR THE MONTH OF JULY 2019 BUDGET:
➢ Target: 33.36%
➢ General Fund to date Revenue 21.12% Expenditures: 20.49%
➢ Fire Fund to date Revenue: 02.40% Expenditures: 32.84%
➢ Police Fund to date Revenue: 03.70% Expenditures: 32.06%
Budget printout available on request.
QUALIFIED VOTER FILE: The Clerk’s office processed 53 voter registration during the June 2019; 29 new applications and 23 cancellations.
MEETINGS AND TRAINING ATTENDED/TO BE ATTENDED:
07/08/2019: Training on Proposal 2018-3 and electronic pollbook
07/15/2019: Election Inspector training
07/16/2019: Public accuracy testing of election equipment and Election Commission meeting
07/24/2019: Absentee Counting Board training
07/2019: Meeting with Election Chairs and Receiving Board for training ______________________________________________________________________________ INFORMATION:
There will be an election on August 6, 2019. Chelsea Library District and WISD will have proposals on the ballot. Respectfully Submitted, Debra A. Ceo, Clerk
DEBRA A. CEO, CLERK
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Attachments
1. Fund Report Summary
Summer 2019 tax bills were mailed on June 28th.
Respectfully submitted,
Libby Brushaber, Treasurer
Dexter Township Board Treasurer’s Report
For the Month of June 2019
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To Date
General Fund (101)
Beg. Balance 3,132,060.65Receipts 158,929.22
Disbursements 51,249.02Ending Balance 3,239,740.85
Fire Fund (206)
Beg. Balance 922,847.21Receipts 19,445.50
Disbursements 80,221.16Ending Balance 862,071.55
Fire Substation Fund (406)
Beg. Balance 16,959.53Receipts 11,319.05
Disbursements 28,278.58Ending Balance 0.00
Police Fund (207)
Beg. Balance 789,313.39Receipts 17,367.93
Disbursements 45,401.47Ending Balance 761,279.85
Multi-Lake Debt Service Fund (852)
Beg. Balance 14,780.44Receipts 3.17
Transfer In from Enterprise FundDisbursements
Ending Balance 14,783.61Multi-Lakes Sewer Enterprise Fund (569)
Beg. Balance 752,802.87Receipts 2,003.06
Transfer Out to Debt Service FundDisbursements
Ending Balance 754,805.93General Agency Fund (701)
Beg. Balance 54,982.47Receipts 69,770.98
Disbursements 69,418.38Ending Balance 55,335.07
Current Tax Collection (703)
Beg. Balance 3,823.79Receipts
DisbursementsEnding balance . 3,823.79
Grand Total of All Funds 5,691,840.65
General Agency Checking Account 55,335.07Municipal Investment Funds 1,438,218.54Certificates of Deposit & Other Investments 4,198,287.04Grand Total of All Funds 5,691,840.65
DEXTER TOWNSHIP
FUND REPORT AS OF JUNE 30, 2019
Current Month
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Dexter Township Planning & Zoning
6880 Dexter-Pinckney Road Dexter, MI 48130
Telephone: 734-426-3767 [email protected] www.DexterTownship.org
I:\Planning Department\TOWNSHIP BOARD\2019\07July\PZReport(072019).docx
David Rohr Director of Planning & Zoning
Paul Curtis Ordinance Officer
“ A C o m m u n i t y F o r A l l S e a s o n s ” Planning & Zoning Report for June Activities - 2019
Zoning Permits There were 15 new zoning permits issued this month (June) There were 31 zoning permits closed this month (June) Zoning Permits Issued & Closed- Year-to-Year by Month. (All numbers are for June.)
Code Enforcement There were 4 new complaints/violations this month (June) There were 5 complaints/violations closed this month (June) The number of new ordinance complaints/violations does not include the number of courtesy letters or letters of inquiry sent by the Ordinance Officer. There were 0 municipal civil infractions issued and 0 court appearances this month (June).
710
16
33
15
1113
1719 19
15
5 68 7
4
10
3
11
75
31
0
5
10
15
20
25
30
35
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
New Closed
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Planning & Zoning Report June 2019 Activities July 10, 2019 Page 2 of 3
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Ordinance Complaints/Violations- Year-to-Year by Month. (All numbers are for June.)
or of Planning & Zoning Notes
Director of planning notes None at this time.
Planning Commission
June Meeting: The Planning Commission held two meeting in June.
Petition Project Request/Description Result Master Plan Review Review Five-year review of Master Plan On-going
Private Road Agreement Hanover Glen Resolution to Board of Trustees Sent June 25, 2019
Zoning Board of Appeals
June Meeting: The Zoning Board of Appeals held a meeting on June 4th, with the following agenda:
Petition Project Request Result
(19-ZBA-871AB) Parker
Deck addition
A) Reduced water body setback. B) Increase maximum lot coverage.
Approved
32
4
01
0
8
12
20
0
8
1 1 10 0 0 0
12
4
0
5
0
5
10
15
20
25
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
New Closed
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Planning & Zoning Report June 2019 Activities July 10, 2019 Page 3 of 3
I:\Planning Department\TOWNSHIP BOARD\2019\07July\PZReport(072019).docx
(19-ZBA-857ABCD) Dasilva House remodel
A) Increased lot coverage. B) Reduced waterbody setback. C) Reduced rear yard set back D) Reduced front yard setback
Applicant did not attend, postponed to
July 2, 2019 ZBA meeting.
(19-ZBA-872AB) Edison New deck
A) Increased lot coverage.
B) Reduced waterbody setback. Approved with
conditions
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Planning Commission
6880 Dexter-Pinckney Road
Dexter, MI 48130
Telephone: 734-426-3767
Fax: 734-426-3833
www.dextertownship.org
_______________________________________________________________________________________ DATE: June 25, & July 9, 2019 TO: Dexter Township Board of Trustees RE: Planning Commission Report Action Items:
1. Master Plan Review:
The Planning Commission continued its review of the Master at the July 9, 2019 Special Work session. They deliberated and completed review of the MP through page 87. The PC will start the review of “Future Land Use Plan and Zoning Plan,” section (p.88) at their next session.
2. Public Hearing for Hanover Glen, Private Road Agreement (05-PC-121): Our Director of Zoning & Planning, David Rohr in a memorandum dated June 10, 2019 – provided a detailed report on the multi-year approval process, including project narrative, project history, and multi-year extension for Hanover Glen.
The Planning Commission received no public comment on the Hanover Glen, Private Road Agreement during the public hearing.
As noted in the resolution, the Planning Commission moved to approve the Hanover Glen Private Road agreement with a FAVORABLE RECOMMENDATION to the Township Board.
Respectfully Submitted, Bill Gajewski, Township Board Representative
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REPORT FOR THE MONTH OF JUNE, 2019
Since the last Township Board meeting the Dexter Area Fire Board met on June 20, 2019 at the Dexter Township Hall.
At that meeting, the DAFD Board approved bills and payroll in the amount of $159,725.77. The Board also approved the Fire Chief’s 2018 Annual Report; the Other Post-Retirement Benefits (OPB) report; and the Health Savings Account with MERS.
Also at that meeting, Chief Smith introduced new POC Firefighters Tom Reider and Ashley Bunton. The next meeting is scheduled for 6:00 PM on Thursday, July 18, 2019 at the Dexter Township Hall
Respectfully Submitted,
Harley B. Rider, Supervisor DAFD Board Chair
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REPORT FOR THE MONTH OF JULY, 2019
The MLWSA Board met on Thursday, July 11, 2019. The Sewer Authority Board did not meet in April.
Attached are the draft June minutes and the July Director’s report.
The Board discussed the current MLWSA financial position. Chair Carney informed the Board that if the current trend continues with expenditures exceeding revenue, MLWSA will run out of operating funds in the near future. Options were discussed, including a budget cut (which was approved), as well as increasing O&M fees, Debt 3 refinancing, and the possibility of accepting septage from external sources. A special meeting will be called to discuss options with the auditor and accountant.
The next regular meeting is scheduled for 10:30 AM on Thursday, August 1, 2019 at the MLWSA Office.
Respectfully Submitted,
Harley B. Rider, Supervisor Chair, Multi-Lakes Board
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DRAFT Board Meeting Minutes Thursday, June 6, 2019 in the MLWSA Conference Room
Members present: Pat Carney (Putnam Twp.), Tom Lewis (Dexter Twp.); Linda Reilly (Lyndon Twp.); Andy Reiser (Dexter Twp.), Harley Rider (Dexter Twp.), Jack West (Dexter Twp.) and Mark Keezer (Lyndon Twp.). Board Member Joe Mahler (Unadilla Twp.) arrived at 10:34 a.m.
Others present: Lloyd Lewis, MLWSA Director, Kathleen Root, MLWSA, Mary Jane Maze, (Lyndon Twp.) and Linda Singer, (Dexter Twp.).
1. Call to Order:
Chairman Carney called the meeting to order at 10:30 a.m. 2. Pledge of Allegiance:
3. Adoption of the June 6, 2019 Meeting MLWSA Agenda: Motion Keezer, Second Rider that the June 6, 2019 Meeting Agenda be approved. Motion Carried unanimously by voice vote.
4. Approval of the May 2, 2019 Regular Meeting Minutes: Board Member Lewis said that there was a minor typo needed under 8A Lyndon Township Fiber Optic. He said it should read that the Director recently “met” not meet . . . .
Joe Mahler arrived at 10:34 a.m.
Motion Lewis, Second Reiser that the May 2, 2019 Regular Meeting Minutes be approved as amended. Motion Carried unanimously by voice vote.
5. Approval of Payments: Board Member Keezer asked for clarification of who/what Tradesmen International was. Director Lewis said that they were the temp agency for which we have our newest employee. Board Member Reilly questioned how long before they could be hired. Director Lewis said after 3 months of work. Chairman Carney asked that all future bills listed for approval have invoices attached and are available at the meeting in case there are questions. Motion Rider, Second Lewis that the Transaction Detail dated May 2019 in the amount of $156,431.33 be approved. Motion Carried unanimously by voice vote.
6. First Call to Public: There was no one present.
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7. Director’s Report:
Director Lewis said that the valve box just replaced on Patterson Lake Road was damaged again. Board Member West said that the Director needed to notify the Association in writing that they are responsible for any damage when repairs like that are made. Motion West, Second Keezer to receive and file the Director’s Report. Motion Carried unanimously by voice vote.
8. Old Business:
A. Lyndon Township Fiber Optic Board Member Keezer said that this item could be removed from any future agendas. He said that the Authority had agreed to locate for fiber optic in Lyndon Township and once the PON’s (passive optical network) are turned over the Authority will respond to tickets. B. New Director Transition Director Lewis said that he distributed a first attempt draft outlining different options that the Board may consider in anticipation of his retirement. Chairman Carney and Board Member Lewis agreed that the adhoc committee which was formed to discuss moving forward regarding a new director should commence. Chairman Carney, Board Members Lewis, Keezer and Mahler agreed to meet briefly after the meeting.
9. New Business:
A. Additional Supporting Documents (ii-iv financials) Chairman Carney was concerned that Debt 3 was being recorded as income but not being recorded as an expense. He said that that needed to be corrected. He reviewed each line item from the Budget to Actual which exceeded 17% of the budget requested an explanation as to reason. Chairman Carney said, effective immediately a breakdown of each bank account is to be provided monthly. He said the breakdown should include the previous months balance, the total credits, the total debts and final balance. He also suggested that a 5% increase in utility billing take effect immediately and an overall 5% reduction in costs across the board take place.
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Chairman Carney said that the finances needed to be looked at more on a real time basis and was wondering how we stood with the recent rate and late fee increases. Board Member Lewis reminded all that those increases were too new to see any realized advantages.
Chairman Carney requested a spending trend over the past 10 years and requested that the accountant be present at the next meeting. Board Member Rider asked what amount would need to be in the budget if something major happened. Board Member Keezer asked if there was a line item in the budget for unrealized income.
Chairman Carney emphasized that he had asked for a realistic budget to be presented this year and he has doubts that that has happened. He stressed that the Director needed to stick to the budget.
Motion Rider, Support West that Additional Supporting Documents (ii-iv financials) be approved. Motion Carried unanimously by voice vote. Motion Lewis, Support West that a 10% reduction in the budget and a 5% increase in utility billing be presented for approval. Motion Carried unanimously by voice vote.
B. Freedom of Information Act (FOIA) Policy Director Lewis said he distributed a policy for the board’s review and approval based on recommendations from an insurance audit.
The Board expressed concern over the distributed policy and agreed it needed to be simplified and redistributed for consideration.
Motion Rider, Support Mahler that the proposed Freedom of Information Act (FOIA) Policy be tabled. Motion Carried unanimously by voice vote.
C. Personnel Handbook
Director Lewis said that when he was first hired he was asked to revise the Personnel Handbook. He said he recently obtained a copy of Dexter Township’s Handbook and amended areas to fit the needs of the Authority.
Board Member Lewis pointed out some Township related policies that were inappropriate for the Authority and asked for more time to review it.
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Motion Rider, Support Reilly that the proposed Personnel Handbook be tabled. Motion Carried unanimously by voice vote.
D. Proposed Rate Increase
Item 9D was discussed previously.
10. Correspondence: Director Lewis distributed an email exchange from BS&A stating that financing is not available for General Ledger/Accounts Payable.
11. Concerns of the Board Members/Staff:
Board Member Mahler expressed concern and wondered how confident staff was with budget figures as presented. The Board agreed that a panic alarm should be installed in the building.
12. Second Call to the Public:
There was no one present. 13. Next meeting date/time/location:
Thursday, July 11, 2019 @ 10:30 a.m. MLWSA Conference Room.
14. Adjournment: Motion Reilly, Support Lewis that the meeting be adjourned at 12:30 p.m. Motion Carried unanimously by voice vote.
Respectfully submitted,
Kathleen Root Office Manager - Multi Lake Water and Sewer Authority
Approved at the July 11, 2019 MLWSA Board Meeting
Linda Reilly Secretary - Multi Lake Water and Sewer Authority
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WASHTENAW AREA TRANSPORTATION STUDY POLICY COMMITTEE
REPORT FOR THE MONTH OF JUNE, 2019
The W.A.T.S. Policy Committee met on Wednesday, June 19, 2019, at the Washtenaw County Anex in Ann Arbor.
At the meeting the Committee approved the FY 19/20 WATS budget of $657,422. Current Unrestricted Net Assets for WATS, according to their latest financial statements, stand at $747,400.
The Committee also voted to hold future meetings at 1:00 PM on the third Wednesday of each month, at the County Clerk’s conference room in Ann Arbor.
The next meeting is scheduled for 1:00 PM on Wednesday, August 21, 2019. (There will be no July WATS Policy Committee meeting.)
Respectfully Submitted,
Harley B. Rider, Supervisor Township Representative
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WASHTENAW AREA VALUE EXPRESS
REPORT FOR THE MONTH OF JUNE 2019
The W.A.V.E. Board met on Tuesday, June 25th at WAVE office in the Chelsea Area Construction Agency building.
The Minutes of the WAVE May 28, 2019 meeting are attached.
I have also attached the Director’s Report that was distributed for the June meeting and the “Ridership Summary” with number through May, 2019.
The next meeting is scheduled for 8:00 AM on Tuesday, July 23rd, 2019, at WAVE office in the Chelsea Area Construction Agency building.
Respectfully Submitted,
Harley B. Rider, Supervisor Township Representative to WAVE
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2201 Hogback Road ◆ Ann Arbor, Michigan 48105-9732 ◆ OFFICE (734) 971-8400 ◆ FAX (734) 973-4624 ◆ EMAIL [email protected] JERRY L. CLAYTON MARK A. PTASZEK
SHERIFF UNDERSHERIFF
Public Safety –Quality Service – Strong Communities
July 9, 2019 To: Harley Rider From: Nicholas Krings, Sergeant Through: Lisa King, Lieutenant Re: June 2019 Police Services Dexter Township Monthly Report Attached is the June monthly police services report for Dexter Township. Noteworthy events in Dexter Township during last month include:
• On 6/7/2019, Deputies investigated a fraud complaint in the 14000 block of Forest Court. The victim received a phone call from an individual claiming to be from the Sheriff’s Office and indicating that the victim had an outstanding warrant for their arrest. The suspect informed the caller that she needed to pay over $4,000 in pre-paid money cards to clear her warrant. After providing the suspect with the card information, the victim learned this was a scam. This appears to be part of a nationwide scam praying on the elderly to defraud them of money. As a reminder, the Sheriff’s Office will never contact any individual regarding an outstanding warrant and request payment.
• On 6/9/2019, Deputies responded to the 7000 block of Mountain Ridge Road for a reported overdose. The caller reported a 17 year old female who was overdosing on heroin. Deputies, along with medical personnel arrived and provided care to the female who was transported to the hospital for further evaluation. A few hours later, Deputies responded back to the address for another overdose involving a 19 year old male. Deputies arrived and provided care to the individual until he was transported to the hospital for further evaluation.
• On 6/27/2019, Deputies responded to Pickerel Lake to assist Van Buren Township Police in locating a suicidal individual. The subject was reportedly armed with a handgun and has several other weapons in his vehicle. The subject told Van Buren Township Police that “the” (Law Enforcement) had no idea what he was capable of. Deputies located the subjects vehicle parked and unoccupied. Citizens in the park reported seeing the suicidal subject walking in the woods. Deputies, along with the assistance of Michigan State Police Troopers, located the individual and were able to detain him for treatment without incident.
Deputies continue to attend training throughout the year in efforts to improve overall service. Recent training initiatives include: • Traffic Law Update and the Explorer Academy. Future trainings include: • Advanced Roadside Impairment Enforcement Training
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DEXTER TOWNSHIP MONTHLY POLICE SERVICES DATAJune 2019
Traffic Stops 114 52 119% 484 293 65%
Citations 67 42 60% 176 245 -28%
Drunk Driving (OWI) 2 0 + 7 1 600%
Drugged Driving (OUID) 0 0 - 0 0 -
Calls for Service Total 253 173 46% 1373 917 50%
Calls for Service (Traffic stops and non-response medicals removed)
118 120 -2% 777 614 27%
Robberies 0 0 - 0 0 -
Assaultive Crimes 2 1 100% 10 4 150%
Home Invasions 0 0 - 2 0 +
Breaking and Entering’s 0 1 - 0 1 -
Larcenies 3 1 200% 5 3 67%
Vehicle Thefts 0 0 - 0 1 -
Traffic Crashes 8 9 -11% 97 62 56%
Medical Assists 3 1 200% 19 10 90%
Animal Complaints (ACO Response)
7 5 40% 27 28 -4%
In/Out of Area Time Month (minutes)
YTD (minutes)
Into Area Time 441 1192
Out of Area Time 575 3934
Investigative Ops (DB) 0 6030
Secondary Road Patrol 338 754
County Wide 390 585
Hours Accum.
Hours Used
Balance
Banked Hours 176 186 622.5
+ = Positive Change - = Negative Change
% Change
IncidentsMonth 2019
Month 2018
% Change
YTD 2019
YTD 2018
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