2-9-09 Minutes

LINCOLN TOWNSHIP
CLARE COUNTY
P.O. BOX 239
LAKE GEORGE, MI 48633
989-588-9841

Minutes for February 9, 2009

Supervisor, Dennis R. Zimmerman
Clerk, Carol L. Majewski
Treasurer, Maggie Carey
Trustee, Stella Hardin
Trustee, Mike Tobin

Minutes
Regular Meeting
Lincoln Township Board
09 February, 2009

Supervisor Zimmerman called the meeting to order at 7:30 p.m.

Pledge of Allegiance.

Roll Call present were, Zimmerman, Tobin, Hardin, Carey, Majewski. Also present was Lakes Dir. Carey, Fire Chief Majewski, Road Commission Eng. Stocking and 40 other interested persons.

Minutes of the 12 January 2009 meeting accepted as read.
Minutes of the 16 January 2009 meeting with Stocking accepted as read.
Minutes of the 28 January 2009 meeting with Dreyer accepted as read.
Minutes of the 06 February work session accepted as read.

Treasurer’s report was accepted as presented.

Motion by Tobin to pay the monthly bills, second by Hardin, roll call vote, 5 yeas, motion carried.

Zimmerman opened to the floor for comments regarding changing the ZBA from 3 members to 5 members.
Hudson encourages the board to consider that with a three member ZBA, two votes would constitute a quorum and he feels that it would be beneficial to ensure more votes on an appeal.
Smith offered that it was changed based on cost saving to the property owner.
L. West inquired as to whether or not we have enough interested in serving on the ZBA. Zimmerman replied – yes.
Tignanelli asked if a husband and wife could on the same board. Zimmerman replied – that while it is not illegal, it would be discouraged.
G. West offered that 5 members on the ZBA is better than 3 as he feels 5 minds are better than 3.
Comments regarding the ZBA member number was closed.

Comments regarding the wording to regulate accessory buildings on lakefront areas was opened.

Smith said that the ZBA had offered an opinion on the square footage of accessory building primarily due to a conflicting opinions between the zoning administrator and the building inspector on what was appropriate. The building inspector was inclined to follow the building code and the zoning administrator was inclined to follow the Lincoln Township Zoning Ordinance. An accessory building was red tagged due to overhangs. The board at that time sent the issue to the ZBA for an opinion. The ZBA recommended that accessory buildings be kept at 120 square feet or less including porches and overhangs. It was sent to planning in October and it is still pending.
Mantei offered that the definition of square footage is – pieces of material put together to make one unit is the entire square footage.
Penton offered that the ZBA should go out to properties and evaluate each variance request individually.
Smith offered that everyone has the right to ask for a variance.
Ringley offered that it is a good idea to allow some kind of accessory building on lake fronts for storage, size should be considered and it should not interfere with neighboring views.
Other comments heard were that we do need to have setbacks from the lake and neighboring property, we should consider language to protect those in need of repair, and a storage area of 120 sq. ft. plus an 80 sq. ft. porch would still be 200 sq. ft.
Comments regarding the accessory buildings was closed.

Comments regarding the downtown enhancement grant was opened to the floor.

Stocking said that the monies for the grant come from the Federal Highway Bill. Michigan gets about 25 million annually and Clare County competes for this money. The Project was first looked at in 2006 primarily for pedestrian safety. There has been no word from MDOT at this time. The townships share of the project is 40% of about $200,000.00.

Zimmerman read correspondence from Mike Green, Holly Abbott, Joyce Howell, Don Sladik, Joe and Leigh Young, Steve Foley, Ron and Mary Cosgrove, Robert, Gary and Patricia Hogston and Larry Stevens.

Bergey and Ringley explained how the township came to seek the grant from MDOT. Ringley added that the plan is flexible and a rustic design can be used.

Of those present, several persons offered questions and comments pertaining to the project. Those that made public comment were: Bergey, Ringley, Smith, Chapman, Wentworth, Perkins, Hudson, Lightfoot, Tignanelli, Schultz, Tragis and Bryant.

In summation, there were comments regarding the run off in to the lake, sidewalk maintenance, snow removal , safety, overall benefit to the township and insurance costs. There was discussion regarding the business parking areas and how the businesses in the downtown already have limited parking and this project should not interfere with parking. Stocking said that businesses that currently have straight in parking will continue to have straight in parking. Stocking said that no one will be asked to give up property. Chapman read a letter regarding her opinion of the project. There was discussion of having a meeting in the future to review the plans and possibly sending out cards for an opinion poll of the residents of Lincoln Township.

Letters that were submitted are available to the public by contacting Carol Majewski, who will have them on file.

Fire Chief Majewski gave the fire dept. report with 30 rescue and 1 fire related runs for the month of January, 31 year to date.

Motion by Zimmerman to approve the application of Don Peacock to the fire dept. pending physical and back ground investigation, second by Tobin, all in favor, motion carried.

Motion by Zimmerman to accept the application of Gerald Hall as a cadet on the fire dept., pending physical and back ground investigation, second by Hardin, all in favor, motion carried.

Chief Majewski informed the board that he applied for a grant from the MDNR in the amount of $1000.00 for the purpose of purchasing wild land fire gear and the department has been awarded that grant.

Motion by Majewski to approve a fire fund expenditure of $1000.00 for the purpose of purchasing wild land fire gear, second by Carey, all in favor, motion carried.

Motion by Tobin that we put the Bertha Lake Lots back on the Market, second by Hardin, Tobin amends his motion and Hardin amends her second to reflect that the lots be put up for bid first, notify the neighboring properties, and then list if the bid process is not successful, all in favor, motion carried.

Motion by Zimmmerman to appoint Kim Hamilton to the Planning Commission and Mike Tobin to the Planning Commission as board liason, second by Hardin, all in favor, motion carried.

Motion by Zimmerman to adopt the 2009 Federal Hardship Exemption amounts as presented, second by Hardin, all in favor, motion carried.

Motion by Zimmerman to update the building fee schedule to reflect the following changes: 1. Relocation fee will be the standard permit fee, 2. Building without a permit – double the standard permit fee, 3. Re roof - $25.00, 4. Cell tower in a residential zone - $300.00 and 5. Refundable occupancy bond - $100.00, second by Tobin, all in favor, motion carried.

Motion by Hardin to adopt resolution 020909-A, second b y Carey, roll call vote, all in favor, motion carried.

Motion by Tobin to approve a general fund expenditure of $2430.00 for the purpose of upgrading the BS&A assessing software, second by Hardin, all in favor, motion carried.

Motion by Zimmerman to withdraw the monthly salary of $223.00 for the cemetery commissioner and to approve an hourly pay rate for same of $11.50 per hour, second by Hardin, all in favor, motion carried.

Carey explained that she had recently interviewed banks and has elected to set up 2 new accounts with Chemical Bank in order to get the best interest rates available and to better protect the townships money through FDIC.

Motion by Zimmerman to send planning and zoning members to MTA training seminars, second by Hardin, all in favor, motion carried.

Motion by Zimmerman to approve using Michigan Chloride to do the road brining for dust control, second by Hardin, all in favor, motion carried.

Motion (Thank God) by Hardin to adjourn the meeting, second by Tobin, all in favor, meeting adjourned at 9:50 p.m.

Carol L. Majewski