APPROVED

ANN ARBOR CHARTER TOWNSHIP BOARD OF TRUSTEES MINUTES OF MEETING – MONDAY, MAY 20, 2019

I. CALL TO ORDER

Supervisor Moran called the Ann Arbor Charter Township Board of Trustees meeting to order at 7:32 p.m. on May 20, 2019.

Present: Supervisor Michael Moran, Clerk Rena Basch, Treasurer Della DiPietro, Trustees John Allison, Ken Kohrs, Diane O’Connell, Randolph Perry

Absent: None

Also Present: Controller Colleen Coogan, Utilities Director Rick Judkins, Fire Chief Mark Nicholai, Township Attorney Sarah Williams

II. CITIZEN PARTICIPATION - No citizen was present for participation.

III. APPROVAL OF MINUTES OF BOARD MEETING OF APRIL 15, 2019

MOTION by DiPietro, support by Basch, to approve the April 15, 2019 Board of Trustees minutes with the following corrections and amendments: • Page 4, 5th paragraph, 3rd line: 2021 2020 • Page 4, 7th paragraph, 1st line: MOTION by O’Donnell O’Connell. . . • Page 5, 2nd paragraph under E be amended to read: . . . total cost for the 3 brine applications being $167,154. $15,680.40. This was $17,154 over budget, and did not include gravel needed for spot work on Stein and Maple Roads. The total cost of roadwork, including the brine applications, berm work and application of limestone on Warren Road from Earhart to Pontiac Trail and Ford Road from Earhart to Dixon was $167,154.00, which was $17,154 over budget. • Page 6, delete 1st paragraph: Township Clerk Basch advised that the additional costs would be authorized when an invoice was received. • Page 6, last paragraph, 1st line: MOTION by O’Donnell O’Connell. . . • Page 8, 1st paragraph, 1st and 3rd lines: Dioxin Dioxane • Page 8, 2nd paragraph, 2nd line: Thorn Oaks Drive Thornoaks Drive • Page 9, 2nd paragraph under N, 1st line: Trustee Treasurer DiPietro

Motion carried unanimously.

IV. ANNEXATIONS, ORDINANCES, CONDITIONAL USES, ZONING

A. AZ-3-19 Petition for Release for Annexation to City of Ann Arbor of 614 Riverview Drive by Owners Daniel Barry and Kay Wilson, to Connect to City Utilities Because of Failing Septic Field.

Supervisor Moran noted that this parcel was up to date with tax payments.

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MOTION by Basch, support by O’Connell, that Ann Arbor Charter Township Board of Trustees approve AZ-3-19, request from Daniel Barry and Kay Wilson for annexation of 614 Riverview Drive, to connect to city utilities due to a failing septic system.

Motion carried unanimously.

B. PR-01-19 Application for Class A Private Road Permit for All Seasons of Ann Arbor LLC

Mark Highlen, Beztak, 31731 Northwestern Highway, Suite 250W, Farmington Hills MI was present on behalf of All Seasons of Ann Arbor LLC.

Mr. Highlen said the construction plans and the private road easement and maintenance agreement for this project had been approved.

In response to questions from the Board, Mr. Highlen made the following points: • The entrance off Dixboro Road was right in, right out. • The entrance off Geddes Road was shared with Parker Mill County Park. While the County was not party to the road agreement, there was a separate agreement with them regarding the entrance road. All Seasons had responsibility to maintain the entire entrance off Geddes Road; the County had responsibility for their parking lot. A copy of that agreement had been included with the materials submitted to the Township. • The easement agreement (Exhibit B) followed the entire loop road from back of curb as well as the entrance to Geddes. • All Seasons would be open for occupancy in approximately one year.

MOTION by Basch, support by DiPietro, that Ann Arbor Charter Township Board of Trustees approve the application for Class A Private Road Permit for All Seasons of Ann Arbor LLC.

Motion carried unanimously.

V. APPOINTMENTS, RESOLUTIONS, REPORTS, DISCUSSIONS

A. First Quarter Revenue and Expenditure Report and Budget Adjustments

Controller Coogan presented the first quarter 2019 budget amendments request.

MOTION by Allison, support by Kohrs, that Ann Arbor Charter Township Board of Trustees approve the First Quarter 2019 Budget Amendments as presented.

Motion carried unanimously.

Controller Coogan reviewed her May 13, 2019 memorandum outlining Revenue and Expenditure Highlights for the quarter ending March 31, 2019. Investment interest income was $129,424.11 for the quarter; building permit revenue was $7,500, a 20% increase from the same quarter last year.

After discussion regarding the Township’s investment strategy and accounting methodology, the following motion was offered:

MOTION by DiPietro, support by Allison, that Ann Arbor Charter Township Board of Trustees accept the Revenue and Expenditure Report for the period ending 03/31/2019.

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Motion carried unanimously.

B. Discussion Regarding Proposed Testing for 1-4 Dioxane and PFAS – Dan Bicknell, Global Environmental Alliance, LLC

Supervisor Moran recognized resident Bill Boring.

Bill Boring, 1738 Warren Road, Ann Arbor Charter Township, said he was concerned about the water quality in private wells in the Township. He explained that in August 2016 his 13 year old son was diagnosed with T-cell lymphoblastic lymphoma. In 2007 a 15 year old who lived directly to the east at 1810 Warren Road was diagnosed with T-cell leukemia, an almost identical type of cancer with the same treatment protocols. Mr. Boring was concerned that experiments done by the previous owner of 1810 Warren Road had polluted their groundwater. He wondered if the proposed water testing would include the aquifer that supplied the water for his well.

Trustee O’Connell asked if Mr. Boring had had his water tested or if he had contacted the County Health Department. Mr. Boring said water tests did not include everything, and in his instance, his family had quit drinking the water.

Dan Bicknell, Global Environment Alliance, LLC, Ann Arbor MI, reviewed the May 6, 2019 confidential report Drinking Water Wells Sampling & Analysis Plan for Dioxane & PFAS in Ann Arbor Charter Township.

Mr. Bicknell explained that the document proposed a simple sampling analysis report, and had been prepared at the request of Supervisor Moran.

Regarding dioxane: Gelman Sciences, Inc. had used dioxane as a solvent when they manufactured filter devices. Recently the City of Ann Arbor had found dioxane in their drinking water supply as well as PFAS. The Gelman dioxane plume was about 4 miles long and 1 mile wide, and was migrating in northern, western, eastern and southern directions with no effective off-site hydraulic control. The dioxane plume was moving toward Ann Arbor Charter Township residential wells with no existing alternative drinking water supply, and potentially toward Barton Pond. Groundwater moved at approximately 1.5 feet per day.

The portion of the dioxane plume migrating in an eastern and northeastern direction was anticipated to eventually discharge into the . However, there had been no studies to determine the actual fate of the dioxane plume, so there was potential for the plume to move under the Huron River toward Ann Arbor Charter Township wells on the eastern side of the river. The two main Ann Arbor Charter Township areas of dioxane pollution concern were: northwestern and southwestern.

The northwestern area was north of M-14 and west of the Huron River in the lower elevation areas. The southwestern area was east of the City of Ann Arbor and just west of the Huron River. In that area, the overlapping maps of the topographic surfaces and the dioxane plume demonstrated a strong eastern component of the dioxane groundwater movement along topographic low areas. The southwestern segment had one area which contained the most at risk drinking water wells.

Based on the above information, Global Environment Alliance recommended several areas for dioxane testing, as listed in the report.

Regarding PFAS pollution

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Elevated levels of PFAS were recently identified in the Huron River and in the City of Ann Arbor drinking water.

Mr. Bicknell listed potential local sources of PFAS, which included: • The City of Ann Arbor Water Treatment Plant Sludge Lagoon. The Lagoon had been used since about 1930, and was not lined with impermeable material, so that the sludge being accumulated there could hold PFAS that would pass into the groundwater. The main at risk area from the Lagoon were the residents with wells west of the Huron River. • Huron River recharging the groundwater around river impoundment areas, such as the local dams: Barton Dam, , and , where river water and river sediment leachate containing PFAS could migrate into the groundwater, infiltrating the surrounding groundwater and drinking water wells close to the impoundment. The main populations potentially impacted by this situation were those closest to the local dams.

Based on the above information, Global Environment Alliance recommended several wells for PFAS testing around Geddes Dam, as listed in the report.

A draft budget for preparing the analysis report included: • Sample collection from 18 drinking water well samples – 10 for dioxane and 8 for PFAS: $4,480. • Sample analysis, with Global Environment Alliance doing the sampling and PACE Analytical Services doing the analysis: $3,110. • Letter report: $1,810. • Total cost: $9,400.00

Round-table discussion included: • Cost breakdown was: approximately $295.00 for PFAS testing, $75.00 for dioxane. Collection was approximately $105.00 - $120.00 per hour. • Testing would be of the most at risk areas to see if they were impacted. If they were impacted, further testing/action would be recommended. The hope was that none of the wells would test positive for PFAS or dioxane. • The Department of Environment, Great Lakes, and Energy (EGLE) was testing for PFAS, but no testing was being done in the Township area. • Depth of wells to be tested ranged from 60 feet to 180 feet. • No one had studied the possibility of the plume going under the Huron River and subsequent consequences. • Dioxane was found in the City of Ann Arbor drinking water earlier this year. There was concern that the dioxane was moving to Barton Pond, although this was not certain. Monitoring wells were more than a mile apart in the potential plume flow area. • Groundwater moved like a river, from high to low areas. • Dioxane had also been found in a well by the Ann Arbor airport. • The MDEQ was currently reviewing discharge criteria. • The Lagoon had not been tested for PFAS contamination. Could the Township request this? • PFAS was very soluble and could move fast in water. • Global Environment Alliance had picked the most likely at risk areas for dioxane and PFAS, which did not include Mr. Boring’s property. They were not testing for other chemicals. • If nothing was found, the EPA could be petitioned to continue testing every 2 years or so, to maintain a watch on the situation.

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• The testing was a simple process. However, the person doing the testing must be PFAS-free, which meant they had to wear special clothing and avoid contact with known PFAS-containing materials for a period of time prior to testing. • The Township Attorney would need to research legal questions regarding potential testing. Tonight’s report was confidential, but in general the information should be as open as possible. However, testing would require permission from the homeowners, and their addresses should be protected, if possible. • There were joint use agreements in place for the areas being tested, which meant water mains could be run to those areas.

The consensus of the Board was that the Township needed to get a baseline understanding of what currently existed. The question tonight was whether to fund the study. Trustee Perry believed that a slightly higher amount than requested should be approved.

MOTION by Perry, support by O’Connell, that Ann Arbor Charter Township Board of Trustees approve funding for the testing for dioxane and PFAS at appropriate locations in the Township, as presented this evening by Global Environment Alliance, LLC, not to exceed $12,000.00.

Motion carried unanimously.

Supervisor Moran said the next step was for him to talk to the homeowners listed in the confidential report.

C. Designate Alternate for Township Supervisor to Urban County Executive Committee July 1, 2019 Through June 30, 2020

Trustees Perry and O’Connell agreed to share the position of alternate to the Urban County Executive Committee.

MOTION by Moran, support by DiPietro, that Ann Arbor Charter Township Board of Trustees designate Trustees Perry and O’Connell as co-alternates for the Township Supervisor to the Urban County Executive Committee July 1, 2019 through June 30, 2020.

Motion carried unanimously.

Supervisor Moran gave some background information regarding Urban County; further information can be found at https://www.washtenaw.org/urbancounty.

D. Discussion of Meeting with Washtenaw County Road Commission and Contribution to Selected Road Work for 2019 Season

Supervisor Moran noted that the Board had previously prioritized the road work for the 2019 season as: Warren Road from Earhart to Pontiac Trail and Ford Road from Dixboro to Earhart. After Supervisor Moran reported to the WCRC that the Township wanted to do the proposed work on Ford and Warren Roads, but without including the tree trimming, the Township received a bill from WCRC for $214,736.60. The Board of Trustees had authorized a budget increase to $167,154, which did not include the tree trimming. The trimming would add an additional $57,500 to the cost.

Jim Harmon, Director of the Road Commission, had told Supervisor Moran that WCRC would be unable to do the work on Warren Road without trimming because of very large low-hanging branches. When the

Page 5 of 10 Ann Arbor Charter Township BofT Minutes 5-20-2019 APPROVED gravel truck was raised to distribute gravel along the road it would be about 30 feet high. Supervisor Moran negotiated the cost with Mr. Harmon, including riding with Road Commission staff along Warren Road to specifically identify branches that needed to be cut. The total bill was thereafter reduced to $193,053.60, a reduction of $21,700 to the trimming cost.

The question before the Board this evening was whether to authorize the additional funds for tree trimming as now described.

Supervisor Moran recognized resident Bill Boring, who wished to speak on this agenda item.

Bill Boring, 1738 Warren Road, Ann Arbor Charter Township, was concerned about the amount of speeding traffic on Warren Road, and asked for a lower speed limit on the portion of Warren Road near the intersection of Pontiac Trail.

Supervisor Moran said that he shared Mr. Boring’s concern. However the speed limit on Warren Road was controlled by the State Police, and previous efforts to reduce speed limits had not been successful.

Supervisor Moran returned the discussion to whether the Board should authorize further funds for tree trimming as described. He noted that most of the branches under 30 feet that would be trimmed would be on the first 2/3 mile of Warren Road after turning east from Earhart (Pontiac Trail?).

In response to a question from Trustee Kohrs, Supervisor Moran said if the Road Commission moved the gravel by tractor, the road bed would not be as even. The last time limestone had been spread was 2014. Trustee Perry said the Road Commission advocated tree trimming because it extended the life of the roads by allowing them to dry out after rainfall.

Trustee Allison thought the Road Commission had traditionally been overly aggressive with tree removal and tree trimming. He would not support the action.

MOTION by Perry, support by Kohls, that Ann Arbor Charter Township Board of Trustees approve the 2019 Ann Arbor Township Second Agreement between the Township Board of Ann Arbor Township, Washtenaw County, and the Board of Washtenaw County Road Commissioners, for berm removal, limestone application and tree trimming, in the amount of $193,053.60, and authorize the Township Supervisor to sign the agreement.

Motion carried 5-2 (Allison, Basch opposed).

Utilities Director Judkins noted that last Thursday, on trash day, the County graded and brined Warren Road around the trash cans, leaving potholes where the trash cans were placed. Supervisor Moran said he would follow up with this issue.

E. Authorize Third Payment of EMD Consulting Group Contract for Phase 2 of Dixboro Road Trail

MOTION by Allison, support by DiPietro, to approve the payment of $9,000 to EMD Consulting Group for Phase 2 of the Dixboro Road Trail.

Motion carried unanimously.

F. Public Safety a. Sheriff’s Department

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Monthly Report previously emailed.

b. Fire Department – Report from Chief Nicholai

Fire Chief Nicholai reviewed the April 2019 written report submitted to the Board.

Chief Nicholai explained that the Fire Department was requesting authorization to fund an Engine Company Operations training program, in the amount of $9,000. Ann Arbor Township was the fiduciary for a Michigan Fire Fighters Training Council Regional Training Grant, which was awarded last month. The regional partners in the grant included Dexter Area Fire, Northfield Township Fire, Pittsfield Township Fire, and Salem Township Fire.

The grant covered 100% of the tuition fee for the program, which was tentatively scheduled for late July 2019. Ann Arbor Township would ultimately be reimbursed the full amount of the program. Training would be at Oakland Community College.

MOTION by DiPietro, support by Kohrs, that Ann Arbor Charter Township Board of Trustees authorize payment for instructional services to Traditions Training, L.L.C. in the amount of $9,000, for Engine Company Operations Training Program, with the understanding that the Michigan Fire Fighters Training Council Regional Training Grant will reimburse this amount in total.

Motion carried unanimously.

G. Utilities Department

Utilities Director Judkins reviewed the written April 2019 report submitted to the Board.

Utilities Director Judkins requested funds for concrete work at Fire station #2, 4319 Goss Road, and for concrete work at the Township offices at 3792 Pontiac Trail, as outlined in the $8,045 bid from Metro Construction Services, LLC. Utilities Director Judkins also wanted to repair the deck at the Township Offices. Building Official and Zoning Administrator Pace would be in charge of the deck project, and several on-call firefighters were going to donate their time to work on it. The concrete for the deck footings could be poured at the same time the other concrete work was being done. Utilities Director Judkins was requesting up to $1,000 to do that concrete work, or in total, an amount not to exceed $9,045.00.

MOTION by Allison, support by O’Connell, that the Ann Arbor Charter Township Board of Trustees authorize payment not to exceed $9,045.00 for concrete work at Stations 1 and 2, with $8,045.00 awarded for the bid from Metro Construction Services, LLC, as listed, with up to an additional $1,000 applied to concrete work (deck footings) at the Township offices as described, subject to Township Attorney review of the final contract with Metro Construction Services, LLC.

Motion carried unanimously.

H. Supervisor’s Report

Township Supervisor Moran reported that the Township had received a road work schedule from WCRC with information regarding the work on Huron River Drive; copies had been provided in the Trustee packets.

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The replacement of the failing 60” culvert with a 120” culvert on East Huron River Service Drive north of Thornoaks Drive was moving forward. The cost for this replacement would be shared by the City of Ann Arbor, Pittsfield Township, Washtenaw County, and the Road Commission; the Township would have zero cost. Ann Arbor Charter Township had agreed to assist the Road Commission by providing six signatures on the petition to abandon the public road in addition to the signature of the owner of the single-family home at the end of East Huron River Service Drive, a Township resident.

Several residents who were closest to Phase 2 of the Dixboro Trail were objecting to how close the proposed trail was to their homes. Supervisor Moran and Karen Sikkenga were meeting with the residents for the 2nd time on Wednesday night. He had received a letter of support today from the same area, and the Homeowners’ Association Board for that area also supported the trail.

Regarding the 1-4 Dioxane and PFAS issue, the Board of Trustees had twice approved a petition to the EPA, to take action to list the Gelman property on the National Priorities List. which would make it a Superfund Site. The Township had been joined in that petition by the Sierra Club and the Huron Watershed Council, but not by the City of Ann Arbor, Washtenaw County, or Scio Township. The EPA had agreed to limited participation by overseeing what was going on for the last year, including listening to members of CARD (Coalition for Action on Remediation of Dioxane), and requiring certain MDEQ investigations including testing West Park artesian conditions. Dioxane was found in West Park water. The Township had also communicated their concern for residents of the West Park area because wet basements could result in vapor intrusion issues, and dioxane-laced groundwater could seep into the basements themselves. However, EPA’s time was complete, unless the Governor sent a letter to the EPA requesting that they intercede and take over the site. Currently the City of Ann Arbor, Washtenaw County and Scio Township were reconsidering whether they should support this action. Rep. Dingell had been working on this, along with Jason Morgan, Chair of the County Board of Commissioners. A meeting was scheduled on June 6 at Michigan Innovation Headquarters, 648 S. Wagner Road, Ann Arbor MI. Supervisor Moran would attend, and any other Trustees would be welcome, although if there was a quorum, a public meeting would need to be noticed.

Trustee O’Connell said she would also attend that meeting.

Supervisor Moran asked for authorization to sign a letter to the Governor requesting that the EPA designate the Gelman site and Gelman plume a Superfund Site.

MOTION by Allison, support by Perry, that Ann Arbor Charter Township Board of Trustees authorize Supervisor Moran to sign a letter to the Governor requesting that the Gelman pollution site and Gelman dioxane plume be identified on the National Priorities List as a Superfund Site.

Motion carried unanimously.

Supervisor Moran addressed the request by DTE for a pig station by the Dixboro Road bridge, a residential neighborhood. The gas line there was 24”. The pig station would only be used every 7 years, but when it was used, the pig would cause a noise similar to a jet engine, lasting 5 minutes, up to 8 times in a one-week period. There would also be odor release, which could last 2 hours or more, although a masking agent would be used. The issues would be discussed again at the June 3 Planning Commission meeting, part of which would be in closed session as DTE could not discuss certain pipeline information in public. Did any Board members want to attend that meeting?

Trustee Allison would attend as a matter of course, since he served on the Planning Commission. Treasurer DiPietro said she would also attend.

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Supervisor Moran said WRRMA (Washtenaw Regional Resource Management Authority) would be meeting soon to complete the Articles of Incorporation. WRRMA was asking him to sign the document by this Thursday; the document would be reviewed by the Township Attorney. WRRMA was also asking the Board to designate an alternate for the Township Supervisor. Treasurer DiPietro said she would be the alternate.

MOTION by Allison, support by Basch that Ann Arbor Charter Township Board of Trustees designate Treasurer DiPietro as alternate for the Washtenaw Regional Resource Management Authority.

Motion carried unanimously.

I. Clerk’s Report

Township Clerk Basch said that the Election Committee had met prior to the Board meeting because Washtenaw County Intermediate School District had a ballot issue for the August 6 election. Since this was a single issue election, as a cost-saving measure both precincts would be consolidated.

Both Township Clerk Basch and Deputy Clerk Scaturo had been trained regarding Proposal 3 changes, for example, same day voter registration.

Township Clerk Basch reported on the recent public hearing from the Washtenaw County Parks Master Plan.

Township Clerk Basch said the Township was planning to switch its payroll from bi-monthly to bi- weekly.

J. Treasurer’s Report

Treasurer DiPietro reported on the meeting that Supervisor Moran, Utilities Director Judkins, and she attended regarding odors at the Wastewater Treatment Facility, where complaints were acknowledged, and an explanation was given as to how sampling would be done. All smell samples would be taken at the facility. The question was whether any recommended improvements would be funded.

K. Planning Commission

Trustee Allison reported on the May 6, 2019 Planning Commission meeting, the minutes of which were in the Trustee packets.

L. Building Department - The Building Department written report was in the Trustee packets.

M. Approval of Claims Listings

MOTION by Allison, support by O’Connell, that the Ann Arbor Charter Township Board of Trustees approve the claims listing dated 05/01/2019 in the amount of $112,138.93.

Motion carried unanimously.

MOTION by DiPietro, support by Kohrs, that the Ann Arbor Charter Township Board of Trustees approve the claims listing dated 3/31/2019 in the amount of $345,277.11.

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Motion carried unanimously.

MOTION by Kohrs, support by O’Connell, that the Ann Arbor Charter Township Board of Trustees approve the claims listing dated 4/26/2019 in the amount of $21,112.18.

Motion carried unanimously.

MOTION by Allison, support by Kohrs, that the Ann Arbor Charter Township Board of Trustees approve the claims listing dated 5/13/2019 through 5/16/2019 in the amount of $103,628.68.

Motion carried unanimously.

VI. INFORMATION ONLY ITEMS - None.

VII. NON-AGENDA ITEMS - None.

VIII. PUBLIC COMMENT:

Bill Boring, 1738 Warren Road, Ann Arbor Charter Township, said that he had been in Court with the Township regarding blight enforcement at his property on Warren Road. He related enforcement history, dating back more than a decade, and subsequent legal actions, including approximately $30,000 in fines, and asked that the Township relax its enforcement so his family could concentrate on supporting his son’s health issues while renovating their home. He read a letter from Andrew Seiler, MD, Liberty Pediatrics, Ann Arbor regarding the ongoing cancer treatment for his son, William E. Boring III, and advocating compassion for the Borings while they renovated their home. Mr. Boring felt the Township was persecuting his family.

IX. ADJOURN - Treasurer DiPietro moved to adjourn the meeting at 10:17 p.m.

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