MONTROSE TOWNSHIP SPECIAL BOARD MEETING MINUTES

JULY 30, 2007

MEETING CALLED TO ORDER AT 5:30 PM BY CHAIRPERSON M. EMMENDORFER LEADING THE PLEDGE OF ALLEGIANCE TO THE FLAG.

ROLL CALL: Present: M. Emmendorfer, J. Newcomer, K. Yuhos, F. Domine, G. Keeler and W. Persails.

                         Absent:  D. Sullivan

PUBLIC HEARING - Wheeler Drive  

M. Emmendorfer presented the options and cost factors associated with the potential upgrading and maintenance of the private road known as Wheeler Drive .  He explained that the Genesee County Road Commission notified the township that they would no longer provide maintenance for the road.

Helen Bove, 7035 Wheeler Drive , advised the board that originally Wheeler Drive was referred to as Park Ave. , with a 66 foot easement on the deeds.

Troy Sizemore, 7066 Wheeler Drive , asked where Wheeler Drive actually ends.

Otis Stout, Township Attorney, stated that a title search would determine where the 66 foot easement actually ends.

Mark Lewis, Inland Seas , advised the residents that the Township has only been an intermediary between the residents of Wheeler Drive and Genesee County .  He also explained the differences between maintaining the road as private and attempting to bring it up to county standards in order to petition the county to assume it as a public road.  He advised that there were no guarantees that the county would assume the road once the improvements were made.

Brian Cogswell, 7041 Wheeler Drive , asked questions regarding the responsibilities of maintaining a private road. 

M. Emmendorfer, explained that the first step necessary would be that the residents establish an association.  That if the association decided that they wanted to bring the road up to county road standards they could then have the Township help them through a special assessment. He also explained that the assessment loan could not be for more than 15 years.

Brian Cogswell, 7041 Wheeler Drive , reiterated that the residents are responsible for the maintenance of their private road.

Helen Bove, 7035 Wheeler Drive , asked if there are other entities that pay for the maintenance of private roads?

Dennis Miller, Building Dept., stated that there are no other entities that pay for the maintenance of private roads and that it is up to the owners of the private road.  He also explained to the audience that there would be no development of the property on Wheeler Drive until a road maintenance agreement was properly established. 

Troy Sizemore, 7066 Wheeler Drive , had questions concerning the forming of an association and what the bi-laws might entail?

M. Emmendorfer, Supervisor, advised him that those decisions would be made by the residents.

Billy Sizemore, 7144 Wheeler Drive , wanted more information on the upgrade costs associated and the support of the Township in a special assessment.

M. Emmendorfer, Supervisor, advised the residents that the numbers provided by Inland Seas would be made available to them.

Troy Sizemore, 7066 Wheeler Drive , asked if the Township would assist the residents in forming the association?

Otis Stout, Township Attorney, advised that the residents would be best served by retaining legal counsel to assist them in the process.

M. Emmendorfer, Supervisor, explained that the procedure for private roads in the township is to have a road maintenance agreement signed and registered with at the Genesee County Register of Deeds and the finished document to be presented to the Township.

Jim Jones, 7117 Wheeler Drive , asked about the timeline?

M. Emmendorfer, Supervisor, stated that the residents needed to act on this as soon as possible, since the County has already sent notification that they would no longer provide the maintenance of Wheeler Drive .

Motion made by F. Domine to adjourn the public hearing at 7:02 pm.  Supported by G. Keeler. All Ayes. Motion passed.

_________________________                                          _________________________

Mark Emmendorfer, Supervisor                                              Kelly S. Yuhos, Clerk