VBT Board turns down attorney’s opinion, but doesn’t say what it was

By Rosemary K. Otzman
Independent Editor
At its regular meeting on July 1, the Van Buren Township Board of Trustees voted unanimously to turn down the attorney’s opinion letter and recommendation on the Waste Management demolition waste product proposal.
What attorney Patrick McCauley wrote in his opinion letter and what he recommended were not disclosed.
This concerned Waste Management’s proposal to accept waste from demolitions of Detroit houses at a reduced tipping fee for the township, which would allow Waste Management to make a profit on the deal with contractors.
The proposal was never on any township agenda, but was discussed briefly during the June 16 work/study session after the regular agenda was completed.
It also was discussed during the board’s closed-door session on June 30.
On July 1, John Delaney, speaking from the audience, opposed the item being on that evening’s agenda during the discussion on whether to approve the agenda as submitted.
Delaney said there was no chance for the public to discuss that item or ask questions about it.
He said the meeting-conduct policy the board approved needs amendment because it asks for public comment before the item is discussed by the board and it’s impossible for anyone to know in advance what the board will be saying.
The public is not allowed to comment after the board discusses the item before it takes action.
He asked the board to take that item off that night’s agenda so the public could have a chance to discuss it.
Supervisor Linda Combs asked the board for a show of hands on who would like to keep the item on the agenda, as proposed, and it was five in favor of keeping it, Trustee Brenda McClanahan voting to remove it, and Trustee Jeff Jahr staying uncommitted.
It was kept on the agenda.
Under the public comment on agenda items, before they are discussed, Delaney again got up again to speak. He said the township may lose the life expectancy of the dump at lower rates.
“We are in a financial crunch,” he said, noting that the trash being taken in at the dump has been less during the recession.
Sandy Croswell said currently township residents get free trash pickup and disposal and if trash from outside the VBT community fills up the landfill and the landfill closes, residents will have to pay for trash pickup.
She said the trash trucks have damaged the roads and Hannan Road, where she lives, is a total mess.
“I think we should say no,” she said. “Consider our township and our roads…”
Ernie Tozer, also of Hannan Road, agreed with Delaney’s comments on discussing a topic before the details are given.
“We cannot have real-time discussion when the item is up,” Tozer said.
He warned the board about being asked to “shoot the goose that lays the golden eggs and do it at bargain basement prices … Please tell me you not seriously considering this.”
Supervisor Combs said they can’t answer Tozer’s question right now.
When the item came to a vote, board members unanimously denied the attorney’s opinion letter and his recommendation – whatever it was.
Trustee Jahr said, “On these matters when we discuss the attorney’s recommendation … I think you can read between the lines.
“If we were going to adopt a reduction, that should be done in public. We had a committee set up to study this, but got no recommendation from the committee. The recommendation came from the attorney and not on legal issues. We should reject that,” Jahr said.
“Anything that affects the community should be discussed in an open meeting,” he said.
Jahr said the board strongly feels it would have been clearer if it had waited for a recommendation from the committee.
“Contract negotiations can’t be done in the open,” Jahr continued. “This board member is not going to adopt something to affect the public without discussion in open session.”
In other business at the July 1 meeting, the board:
• Approved using $3,000 of Waste Management Cultural Activities grant money for the 2014 concert series and to authorize the supervisor and clerk to execute the performance contracts;
• Approved the second reading and adoption of an amendment to the zoning ordinance to rezone 57.52 acres of land, located west of Belleville Road and north of the railroad viaduct, from M-1, Light Industrial, to M-2, General Industrial, to make way for the Costco truck depot;
• Approved the telecommunication right-of-way permit application for Fiber Technologies Network LLC under state regulations. The applicant wants access to and ongoing use of public right-of-way to build and maintain a fiber optic telecommunications network (no company name was disclosed) and potentially for subsequent communications companies. The applicant intends to use existing utility poles and underground conduit to install network facilities. A term of 15 years was sought, with three subsequent renewal terms of five years each;
• Approved the request of special land use for the proposed expansion of the used car sales and addition of vehicle servicing as “Quick Lane” operation for Atchinson Ford on Belleville Road;
• Learned the annual township free shredding day will be from 9 a.m. to 1 p.m. on Saturday, Aug. 2, by the Recall company in the township parking lot. Residents may bring five cartons or medium-sized bags for shredding, with no metal clips;
• Heard Clerk Wright encourage those who qualify for absentee ballots for the August primary election to vote absentee. He said the ballot will be two pages and the two-page ballot in the Presidential election caused long lines;
• Heard Treasurer Budd announce that the summer tax bills are in the mail;
• Heard Supervisor Combs announce that MDOT will repair the southbound bridge on I-275 at Van Born, July 7-28. Haggerty to Hannan will be open to local traffic only;
• Learned the Health and Wellness Expo will be held at the Senior Center on Aug. 1. A free turkey dinner will be served to those registering at 699-8918. Cost will be $3 each without registration in advance; and
• Was advised this year’s Senior Olympics begins Aug. 18.