MINUTES

LAKE CHARTER TOWNSHIP BOARD MEETING

May 19, 2003

7:30 p.m.

CALL TO ORDER AND PLEDGE OF ALLEGIANCE

The meeting was called to order by Supervisor John Gast at 7:32 p.m. The meeting opened with the Pledge of Allegiance.

ROLL CALL

Clerk Payne called the roll. Board members present were John Gast, Supervisor, Gloria Payne, Clerk, Betty Korcek, Treasurer, Terry Eichler, Trustee, Mike Jasper, Trustee; Fritz Wolf, Trustee. Trustee Tom Carson had an excused absence. Ten visitors were present in the audience.

APPROVAL OF AGENDA & AGENDA AMENDMENTS

It was moved by Korcek seconded by Eichler to amend the agenda with two additions. All ayes, motion carried.

APPROVAL OF MINUTES

A. Minutes - Special Board Meeting April 16, 2003

There being no corrections to the meeting minutes of April 16, April 21 and May 1, 2003, it was moved by Korcek seconded by Payne to approve the minutes. All ayes, motion carried.

BRIEF PUBLIC COMMENT

None.

APPROVAL OF BILLS

After discussion, it was moved by Wolf seconded by Korcek to approve the April 2003 bills totaling $194,740.55. All ayes, motion carried.

COMMUNICATIONS/CORRESPONDENCE

The following information was included in board members packets: MTA Faxes; Lake Township Water Filtration Plant monthly report; Lake Charter Township Planning Commission meeting minutes of April 7 and May 5, 2003 as well as Lake Charter Township Planning Commission Workshop of April 28, 2003; Galien River Sewer Authority meeting minutes; Lake Charter Township Fire and Rescue report and meeting minutes; Bridgman Public Library meeting minutes and budget; Medic I Ambulance report and meeting minutes; Lake Charter Township Zoning Board of Appeals meeting minutes; Baroda/Lake police bills; Berrien County MTA meeting minutes; Wetland permit approval from MDEQ for Sempra; Sempra billing; Lake Charter Township’s Attorney invoice for the month of March, 2003.

Correspondence from ACI Finance, Inc., letter from Merritt Engineering and letter from William Wolf Berrien County Treasurer regarding proposed changes to tax payments for DNR owned property.

Supervisor Gast announced the Library groundbreaking ceremony scheduled for Wednesday, May 21, 2003 at 1:15 p.m.

a. Attended MTA meeting in Watervliet;

b. Attended Galien River Sanitary District Authority meeting;

c. Attended Medic One meeting;

d. Met with Wightman and Associates regarding sewer extension project;

e. Attended the Mayor’s Dinner;

f. Attended Chamber of Commerce Scholarship meeting;

g. Attended Library special meeting;

h. Attended Park Committee meeting;

i. Attended Cable TV Meeting;

j. Attended special township board meeting;

k. Attended Chamber of Commerce regular meeting.

a. Spoke with Lake Charter Township auditor - the 2002 audit should be finalized by the end of May;

b. Attended the Southwestern Michigan Commission meeting;

c. Attended the MTA quarterly meeting in Watervliet;

d. Attended the special Library Board meeting;

e. Attended the Special Board meeting regarding board rules;

f. Attended a Newsletter seminar in Kalamazoo;

g. Attended the Fire Department’s 50^th Anniversary celebration;

h. Attended William Miller’s Memorial Service.

C. Treasurer’s Report

D. Planning Commission Report

In the absence of Trustee Carson, nothing was reported under this agenda item.

E. Water Superintendent’s Report

In the absence of Water Superintendent Beach, nothing was reported under this agenda item.

F. GRSD Sewer Authority Report

Trustee Jasper reported the authority board approved putting a service charge of 1 1/2% on outstanding bills of more than 45 days. A packet from Miller, Canfield and Stone was received dealing with the contract and bonding for the expansion.

G. Police Department

Trustee Eichler reported a regular meeting was held, along with a special meeting to address the squad car which needed repairs after every high speed pursuit. The squad car needed immediate replacement. The new squad car was ordered in February from Sieman’s, however a replacement was sent from Detroit and the order with Sieman’s has been canceled. The old squad car has been refurbished with a new engine and is for sale.

a. Lift Station Generator

Supervisor Gast reported he generated a letter to the GRSD and received no response. He spoke with Superintendent Mrozek to evoke some action. The generator is five years old, if there is a $10,000 difference between being able to purchase there’s versus a new one, we should take a look at it. After discussion it was moved by Eichler seconded by Korcek to table this issue for one more month, have a McAllister representative on Lake Charter Township’s behalf look at what the value of the existing GRSD generator is and give us a price so we can make an offer. All ayes, motion carried.

b. Sewer Extension - Shawnee Road

Supervisor Gast turned the floor over to Thomas Deneau of Wightman and Associates. They reviewed and tabulated six bids on the project. Southwest Transport Company came in as the lowest bidder in the amount of $86,000.00. Other bids were Selge Construction $96,930.00; HRP Construction $97,310.00; Landtec, Incorporated $103,145.00 and Oselka Construction $104,948.50. The owner of the property, Donald Leitow, indicated that he appreciated the information, but he had no current plans of developing the property in the immediate future. He declined his option of having those leads put across the road, thus deducting $10,000.00 from the bids submitted. Trustee Jasper pointed out Landtec, Inc., had $32,800.00 for boring and jacking the 6" service lead, however Landtec, Inc., is unknown and Wightman and Associates has no knowledge of their work ethic. After discussion, it was moved by Jasper seconded by Wolf to accept the bid of Southwest Transport Company in the amount of $86,400.00 and then authorize a change order to eliminate the leads across the street reducing the cost of the project to $76,400.00. Roll call vote: Gast yes; Payne yes; Eichler no; Korcek yes; Wolf yes; Jasper yes. Motion carried.

NEW BUSINESS

A. HSC Services Contract

Supervisor Gast reported that the contract extension for Lake Charter Township’s assessment services is up for renewal. After discussion, since Lake Charter Township has to employ a Level IV assessor because of the Cook Nuclear Plant, and having no problems with the assessment services to date, it was moved by Payne seconded by Korcek to approve the extension of the assessment services with HSC Services, Inc., for $1,800.00 per month commencing June 1, 2003 until May 31, 2004. All ayes, motion carried.

B. Review Park Bill

Supervisor Gast reported that the current bill turned in for park excavating from Fred M. Ott totals $30,736.50, however a discussion with Larry Ott and an agreement to deduct the refueling of the pump, as well as the work done to push back stumps at the dump site will be removed from the bill. It was moved by Korcek seconded by Eichler to pay the park excavating bill from Fred M. Ott, less the refueling of the pump, as well as pushing back stumps at the dump site. Roll call vote all yes, motion carried.

C. Equipment for First Responder Vehicle

Supervisor Gast reported that the quote for the equipment for the first responder’s 2003 Suburban came in at $4,188.39 from Tele Rad, Inc. It was moved by Eichler seconded by Korcek to purchase the emergency equipment for the 2003 Suburban from Tele-Rad, Inc., in the amount of $4,188.39. All ayes, motion carried.

D. Authorize Letting Bids for Water Line Extension at Township Park

Supervisor Gast presented a map indicating the path of the water line. It will come from the dead end of Park Lane after we obtain a right-of-way from the property owner. Hydrants will be placed in a couple spots, plus a 2" tap to be installed for our future pavilion or bathrooms. The water line will continue down the fence line south at the corner of the fence line and would continue and hook-up at the dead-end of the main which currently comes into the park at the current restroom facilities. This allows a couple points to obtain irrigation access and also will tie up a dead-end loop. Trustee Eichler suggested that we let bids for construction solely for labor of the line, and have Lake Township furnish the supplies. It was moved by Eichler seconded by Jasper to let bids solely for labor of the water line extension at the Park, with the Township furnishing the supplies for the job. All ayes, motion carried.

E. Plumbing/Mechanical Inspector Application

Supervisor Gast received one response to the advertisement for a plumbing/mechanical inspector. Eddie Wainwright from Edwardsburg is currently working for Lincoln Township, Pipestone Township and Keeler Township. Supervisor Gast spoke with Lincoln Township and received a positive recommendation. It was moved by Korcek seconded by Eichler to hire Eddie Wainwright as Lake Charter Township’s Plumbing/Mechanical Inspector. All ayes, motion carried.

F. Collection Basin for Park Drainage

Supervisor Gast presented a cost estimate for drainage of the collection manhole at the north end of the soccer fields at the Park, which would allow the field to be drained into the lines. This would allow for future inspection of the drainage tile and clean out sand or dirt plugging the tile. The cost estimate to do this would be $4,800.00 to install 300' 12" cement tile, 1/4" manhole with lid, one ring and beehive grate, materials labor and equipment. Trustee Jasper suggested that occasionally someone from the extension office to come and draw a drainage plan for the entire Park. Loren Berndt suggested to drain from the parking lot to the soccer fields. Trustee Eichler suggested Les Haney from the Soil Conservation Service who lays drainage plans out. Mr. Berndt offered to speak with Les Haney since he knew him quite well. After discussion it was decided to table this agenda item and allow Loren Berndt to contact Les Haney to develop a plan and seek out other areas that need drainage at the Park. All ayes, motion carried.

G. County Planning Commissions Review of Billboard and Litter and Debris Ordinance

Supervisor Gast reported that there is possibly state legislation that will come down on a State level regulating billboards. Supervisor Gast presented to the board a letter from the Berrien County Planning Commission concurring with the Township Planning Commission in recommending denial of the proposed text amendment. It was moved by Jasper seconded by Wolf to accept the Township Planning Commission and the County Planning Commission’s recommendation to deny the proposed text amendment to the billboard ordinance. All ayes, motion carried.

Supervisor Gast presented to the board a letter from the Berrien County Planning Commission concurring with the Township Planning Commission in recommending denial of the proposed text amendment to the litter and debris ordinance. It was moved by Jasper seconded by Payne to accept the Township Planning Commission and the County Planning Commission’s recommendation to deny the text amendment to the litter and debris ordinance. All ayes, motion carried.

H. Telecommunications Facilities Ordinance and Adoption.

Supervisor Gast asked that a motion made June 18, 2001 by Jasper seconded by Payne be rescinded in order to adopt the newly developed telecommunications facilities ordinance. It was moved by Jasper seconded by Korcek to rescind the June 18, 2001 motion made regarding adoption of a fee schedule to charge $.50 per foot for fiber optic cable. Supervisor Gast brought before board members the second reading of the proposed telecommunications ordinance and asked for board action to adopt and publish the proposed telecommunications facilities ordinance. It was moved by Jasper seconded by Wolf to adopt and publish the proposed telecommunications facilities ordinance. All ayes, motion carried.

I. MTA Dues

Supervisor Gast presented the 2003/2004 MTA dues totaling $4,847.38. It was moved by Payne seconded by Wolf to pay the 2003/2004 MTA dues in the amount of $4,847.38

J. Water Rescue Training Program

Supervisor Gast reported that a water rescue training is scheduled for June 27 and 28, 2003 at Weko Beach. It was moved by Korcek seconded by Payne to approve payment of a two-day water rescue training for $80.00 per firefighter not to exceed fifteen. All ayes, motion carried.

PUBLIC COMMENT

Mabel Ott expressed her dislike for the amount of water that was on the soccer fields, even before the large rainfall and agreed that drainage is needed at the Park.

Erna Linke asked what does a mechanical inspector do? Supervisor Gast responded inspect the furnace and the air conditioning in a residential home.

Loren Berndt asked what litter and debris ordinance did the County deny? Trustee Jasper responded it was an ordinance that a private citizen had submitted.

Harold Heyn asked what is a plumbing inspector inspecting? Supervisor Gast responded from the property line to the house.

Ludvik Barinka addressed the board about changing the zoning in his area to protect the health, welfare and safety of Lake Charter Township residents.

ANNOUNCEMENTS

The next regular meeting is scheduled for June 16, 2003 at 7:30 p.m., Lake Township Hall, Bridgman, Michigan.

Lake Charter Township Planning Commission Workshop is June 23, 2003 at 7:30 p.m.

Lake Charter Township Planning Commission meeting is June 2, 2003 at 7:30 p.m.

Joint City/Township Meeting at City Hall on June 30, 2003 at 7:00 p.m.

ADJOURNMENT

With no further objection and no further business it was moved by Payne seconded by Korcek to adjourn the meeting. All ayes. Meeting adjourned at 8:58 p.m.

Dated:______________ _______________________________

Gloria A. Payne, Clerk

Dated:______________ _______________________________

John Gast, Supervisor