MINUTES

LAKE CHARTER TOWNSHIP

BOARD MEETING

May 17, 2004

7:00 p.m.

 

CALL TO ORDER AND PLEDGE OF ALLEGIANCE

The meeting was called to Order by Supervisor John Gast at 7:00 p.m.  The meeting opened with the Pledge of Allegiance to the Flag.

 

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 and Trustee Tom Carson.  Nineteen visitors were present in the audience.

 

APPROVAL OF AGENDA & AGENDA AMENDMENTS

It was moved by Carson seconded by Wolf to move item K on the agenda to item A.  All ayes, motion carried.

 

APPROVAL OF MINUTES


Minutes -  Regular Board Meeting April 19, 2004

 


After two corrections to the meeting minutes of April 19, 2004, it was moved by Korcek seconded by Eichler to approve the April 19, 2004 meeting minutes.  All ayes, motion carried.

 

PUBLIC COMMENT

Ed Heyn introduced himself as a candidate running for Drain Commissioner.  He serves as the Chairman on the Baroda Township Planning Commission, Baroda Township Parks and Recreation Committee, member of Michigan Farmland.  Some of his goals include taking a proactive attitude toward maintaining the drains, being more responsive, meeting with Township officials and determining their needs, prepare a 5/10 year Master Plan, obtain competitive bids and work on an incentive program for those who keep their drains cleaned and maintained.

 

Trustee Jasper announced the birth of his son James Robert Jasper was born at 7:52 Wednesday, May 5, 2004, weighing in at 7 pounds and 15 ounces, 20 ½ inches long.  Both mother and baby are doing fine.

 

Paul Bailey, Berrien County Sheriff thanked board members for the opportunity to talk about reelection.  He asked support in the primary on August 3, 2004.  In his fourth year as sheriff, he has been honored to be the sheriff for the citizens of Berrien County.

 

Accomplishments that have been made are partnerships with the Berrien County Commissioners.  There are thirteen county commissioners two address public safety issues.  Public safety issues have been communicated with other local departments in Berrien County, the Michigan State Police and the federal agencies.  Through those partnerships we have made quality of life better in Berrien County with a team effort.  As your Sheriff I have been visible and addressed public safety issues throughout the county.

 

A manpower study was conducted and we were able to put more man power on road patrol by utilizing our staff and better serving  the citizens of Berrien County, not asking the Berrien County Commissioners to give me more deputies, but to better utilize the 170 employees.  Drug problems have been addressed, zero tolerance for drugs in Berrien County.  Enhanced our crime prevention efforts in educating our young people about making good choices.

 


There are 23 police departments in Berrien County and we team up with those departments to address issues in Berrien County as well as the federal agencies.

 

The jail capacity is 340 inmates, and last year our average was 388 inmates per day.  The staff in the jail has done an excellent job about communicating the issues that need to be addressed.  This past year the Department of Corrections deemed us in complete compliance for the first time since 1994. 

 

Federal grants have been explored, and we have received a $560,000 grant to improve our technology at the Sheriff’s Department.  We are now changing over and implementing a new cash record management and computers are going into all of the county police cars with this grant.

 

Another $940,000 grant is now being implemented for the Emergency Management Services.

 

I ask for your support so I can carry on and address public safety issues, on August 3, 2004.

 

APPROVAL OF BILLS

It was moved by Eichler seconded by Carson to approve the April 2004 bills totaling $249,273.43.  All ayes, motion carried.

 

COMMUNICATIONS/CORRESPONDENCE

The following information was included in board members packets: MTA Faxes; Lake Charter Township Park Committee meeting minutes; Medic I Ambulance meeting minutes; Bridgman Public Library Board meeting minutes; Lake Township Fire & Rescue meeting minutes and Treasurer’s report; Baroda-Lake Township meeting minutes & bills; Lake Charter Township Planning Commission & Workshop meeting minutes; Lake Charter Township Zoning Board of Appeals meeting minutes; Galien River Sewer Authority meeting minutes & project status update; Community Growth Alliance Committee meeting minutes; Twin Cities Area Transportation Study Policy Committee meeting minutes; Lake Michigan Mailers postage savings statement; Berrien County Road Commission for Lake Township regarding matching for March 31, 2004.

 

Letter from Bridgman American Legion Post 331 inviting board members to Memorial Day ceremonies; Memorandum from Izzy DiMaggio, Drain Commissioner including the Berrien County Drain Office Annual Report; Letter from MDEQ regarding storm water coverage; Letter from Ziolkowski Construction regarding work being done at water plant; Letter from ComCast regarding ongoing developments with cable and DSL; Letter from Berrien County Sheriff Paul Bailey; Invitation to 1St Annual Public Officials Day.

 

REPORTS

B.        Supervisor’s Report

 

Supervisor Gast reported as follows:


 

a.         Attended Medic One meeting;

b.         Attended Blossomtime Government official banquet;

c.         Attended TGA Class - Meeting Township Needs, Making Meetings Work;

d.         Attended Berrien County MTA meeting Coloma Township Hall;

e.         Attended Park Committee meeting;

f.           Attended Library Board meeting;

g.         Attended Bridgman Area Chamber of Commerce meeting;

h.         Attended Open House at Community Pool;

i.           Attended Reservoir Restoration Committee meeting.

 


 

B.        Clerk’s Report

Clerk Payne reported:


 

a.         Attended TGA Class - Meeting Township Needs, Making Meetings Work;

b.         Met with several banks regarding services;


c.         Attended a Leadership Seminar;

d.         Toured Michigan Office Environments in Holland;

e.         Processed paperwork for candidates running for Township offices;

f.           Attended Open House at Community Pool;

g.         Facilitated the Township Hall carpet laying;

h.         Attended Bridgman Area Chamber of Commerce meeting.

 

C.       Treasurer’s Report


Treasurer Korcek reported:


 

a.         Attended the Open House at Community Pool;

b.         Toured Michigan Office Environments in Holland;

c.         Met with several banks regarding services.

 


 

D.       Planning Commission Report

Trustee Carson reported the Hackley Special Land Use Permit was granted.

 

E.         Water Superintendent’s Report

Water Superintendent Beach has an excused absence due to his daughter graduating from Bridgman High School and the Bridgman High School Seniors’ Honors night is tonight.  His pumpage report and the Lake Township Water Filtration Plant monthly report were included in board members packets.

 

F.    GRSD Sewer Authority Report

Trustee Jasper reported a pay request for $179,179.84 was approved, retained $436,666.42; contractors  payment was $135,513.42.  Concrete for the clairfiers has been poured and setting rebarb for the digesters.  They are progressing, Tony Mrozek, Sewer Plant Superintendent, Inspectors and Plant operators are pleased with the work being done.

 

G.   Police Department

Trustee Eichler reported the new squad car is in service.  The tazer guns have been delivered and will be in use soon.

 


 

H.       Fire Department

Trustee Eichler reported the fire truck is being moved to its final assembly point to have the tank installed. It should be finalized the first week in July.

 


 

Park Report

Trustee Wolf reported the storage building should begin construction soon.

 


 

Library Report

Lillian Svitl reported the library is closed this week, phase I almost completed.  The books from the old library are being moved into the new part, so Phase II can begin.  The summer reading program will be held at the Bridgman American Legion Hall while construction is underway.  The Bake and Book Sale will be held at the Bridgman American Legion.

 

AGENDA ITEMS

A.  Planning Commission Concerns

Supervisor Gast reported a hearing will be conducted to remove a Planning Commission member.  A motion by Carson seconded by Eichler to allow Planning Commission member Robert Petersen to speak for fifteen minutes.  Trustee Jasper asked Mr. Petersen whether fifteen minutes was enough time.  Mr. Petersen responded that he was not notified that this was a hearing.  Supervisor Gast asked whether he was representing himself.  Six ayes, one nay.  Motion carried.

 

At 7:25 p.m. the hearing was held.

Supervisor Gast expressed his concerns regarding the Planning Commission Workshop meetings and the discussions that are held at the workshop meetings, as well as posting of the workshop meetings. 

 

Supervisor Gast turned the floor over to Scott Dienes, Lake Charter Township’s attorney.

Mr. Dienes informed board members that an ongoing practice of having special meetings and calling them workshops has been occurring over the last seven months.  Often discussed at these workshops are pending matters that are before the Planning Commission.  They have been doing this without giving any notice of any kind to the applicant or neighboring property owners or the public.  There is apparently mention of monthly workshop meetings in a general spreadsheet type of paper and on the township website that list a designation of a workshop meeting being held on a monthly basis.  The website lists the meeting as 7:30 p.m., which is inaccurate, it should be 7:00 p.m., other than that there is no formal posting of or formal notice given.

 

On January 12, 2004, a workshop meeting with Lake Charter Township Planning Commission, Lake Charter Township Zoning Board of Appeals and Lake Charter Township Board and Scott Dienes, Lake Charter Township Attorney to discuss the practice, specifically because the due process rights of an applicant may be impacted.  This also holds true for neighboring property owners.  If there is a pending application before the township board on a proposed subdivision or a planned unit development, if the planning commission discusses that application outside of the presence of the applicant, it is my opinion that notice should be given to the applicant so that the applicant, at a minimum, has an opportunity to be present. 

 

We require a public hearing, we require notice be given to land owners and that is not a coincidence, it is a well-founded theory allowing the applicants who apply they be given what is called both procedural and substantiative due process rights.

 

Also with regard to the Open Meetings Act, any meeting that is not a regular meeting of a public body which is not a regularly scheduled meeting has to be posted as a special meeting.  Eighteen hours notice must be given and needs to be posted on a piece of paper in the window of the township hall.  The time, place and location of the meeting, at a minimum, under the Open Meetings Act has to be given.  Under the Charter Township Act there is a provision in the Charter Township Act that requires when the Charter Township has a meeting, it not only post the fact that we are having a special meeting, but what the reason for the meeting is.  It is my opinion that provisions are applied to the Planning Commission as well.  When the Planning Commission has a special meeting, it ought to be posting the time location and place of the meeting and the purpose of the meeting on that notice as well.  Neither are being done by the Planning Commission on a regular basis for these workshop meetings and it is my opinion as the Township attorney, that the workshop  meetings fall under both the Open Meetings Act and the Township Charter Act.

 

To summarize there are two problems.  First, we are not posting as required under both the Charter Township Act and the Open Meetings Act.  This township has learned from the past that the Open Meetings Act, which was drafted in the State of Michigan, does not only encourage, but requires openness in government and there are presumptions written in the Freedom of Information Act and the Open Meetings Act that  require Courts to rule in favor of people who are challenging government.  The idea that our government should be open, so that everything you do is open to the public.  Secondly, either not providing notice at all or if providing notice of a meeting we are not stating the purpose of the meeting, we are not giving people a meaningful opportunity to attend the meetings if they choose to attend.  If an average member of the community had a particular interest in a particular subdivision for example, if he saw that a workshop was being held, workshop implies there won’t be substantive deliberation at that meeting on any particular subject.  Notice is encouraged by the Open Meetings Act and the Charter Township Act.  Avoiding this on an ongoing basis is a problem for the Township. I advised against it in January, I advise against tonight.

 

Mr. Dienes asked if there were any questions from the township board:

 

Trustee Jasper asked who is responsible for posting the notice of the meetings?  Just as a point of clarification, these Township Planning Workshops have been going on for as long as I have been on the board and I have been squawking about them for as long as I have been on the board, I don’t think they are proper.

 

Mr. Dienes responded, typically the posting requirement ultimately falls on the shoulders of the township, typically the township clerk.  Ultimately the township has the responsibility that all notices are posted.  Sometimes, ordinances on specific types of applications will have the Secretary of the Planning Commission have it be his/her general duty where this may fall, but ultimately it is the duty of the township clerk, under the administrative staff.

 

Supervisor Gast turned the floor over to Mr. Robert Petersen.

 

Robert Petersen indicated that he was never notified that this was going to be a hearing.  I never had a chance to acquire any kind of representation.  On the agenda it states “Planning Commission Concerns.”  That was told to me both verbally by you, Mr. Gast and on the agenda.  I don’t think that is appropriate.  It is a little unfair for the township to show up with an attorney and for me to come and get ambushed.

 

As far as workshop postings are concerned.  We did have a workshop with Mr. Dienes in January.  Since then there has been a lot of discussion at workshop meetings about how to implement what Mr. Dienes suggests that we do.  Giving due process.  Are we perfect, no, have we made mistakes, yes.  There have been meetings that were not posted that should have been posted by the township officials.  Did we have some discussion of an application before us with reference as how it applied to the ordinance?  Should we have done that, probably not?  I was notified of that and we actually have it on our agenda for our next workshop meeting to discuss, we won’t make that mistake again.  For Mr. Dienes to characterize this as an ongoing practice is inaccurate.  To characterize it as reckless is pushing it.  It is not ongoing, and we constantly reevaluate how we approach a meeting.  In fact, since our January meeting with Mr. Dienes, we have added to our regular public meetings the agenda for the workshops so the minutes for that meeting become the agenda, they are given to the Zoning Administrator, he posts them on the door.  Have there been glitches in that, there have been both on the part of the Zoning Administrator and the Planning Commission?  But, as an example, our last public meeting which was on May 10, 2004, we did just what I said.  We had a discussion of what the agenda was going to be for the workshop.  It is a page and a half long as to what we want posted on the door.  These are the minutes that I am referring to. 

Our workshop and I’ll read them to you: “Workshop Agenda, May 24, 2004.”

 

First Item:  Petersen would like to discuss Section 12.02 A and would like to get an opinion on that whether it applies to zoning or rezoning.  He will contact the Township Attorney.  Wilk stated that when there is a Special Land Use Permit (SLUP)  request we have always required a site plan.  Petersen replied we need to follow the ordinance and if it is not required and we are adding requirements and it is not in the ordinance we can’t do that.  Petersen explained we can always ask for more but we do not want to burden people unnecessarily.  Carson asked that the attorney reply with a letter or email to the Clerk.  Petersen replied he would. 

 

Second item: Petersen explained he had met with the Township Attorney last week and he asked us to consider developing a new application form for a SLUP.

 

Third item: What items in Section 12 of the site plan do we want the ability to waive on the application if some of the things are not relevant.  It would be an amendment to the ordinance.  Murphy wondered if the Township Attorney knew if there was another Planning Commission in the state that had a better application we could review?  Petersen responded that the attorney did have something but it was not readily accessible.  Petersen explained there are two issues; one is application form which we can change without changing the ordinance.  The second issue waiving items on the site plan, which would require a change in the ordinance.

 

Fourth item: Petersen explained we would also discuss the Open Meetings Act.  These are to be posted for the meeting held on May 24, 2004 at 7:00 p.m.

 

None of these items are talking about an applicant.  All of these items are pertinent to township business.  All of these items are for training purposes for the improvement of the planning commission.  If you are expecting the Planning Commission to be held to a perfect standard, I don’t think you are going to find one in the State of Michigan.  Have we made mistakes, yes.  I think just our minutes from our last meeting and I can go back to the month before and the month before that where items for our workshop have been listed in our minutes. 

To say that this is an ongoing problem since January is not a fair statement and to say that we are being reckless I think is unfair as well.  Because this proves that we are making an effort.  I am not saying I’m perfect, Mea Culpa, yes we’ve made mistakes, but we have learned from them.  I think it’s important for the board members to remember that the Planning Commission are strictly volunteers.  We spend a lot of time working on issues like I just read to you on our own time.  We essentially don’t get paid for it. 

 


I also think that there are other agendas here that have not been discussed that is probably a smoke screen for other issues.  I know that I have made it very uncomfortable for some people at the township hall because I have demanded certain information for the planning commission that we are not getting.  I know I have made demands and its made people uncomfortable.  I asked the Supervisor over the weekend if he thought I was doing a good job.  He said yes.  I asked him if he thought I was doing my job well.  He said yes.  I asked him why then was I being asked to resign and the only answer that I could really get was that there were personality conflicts because I wasn’t getting information.  I have written two emails, one to the board, one to the Supervisor and I’ve copied all of you electronically on that.  I have made printed copies as well, expressing some of my concerns.  Has everyone on the board gotten my emails electronically or from Gloria?

 

Clerk Payne responded that she put it in everyone’s box.

 

Mr. Petersen stated he did not want to get into the specifics of he/said she/said and personality conflicts.  But I have on two occasions spent considerably amount of time outlining them in three fold, single space, typewritten pages, what my concerns are why the planning commission is not getting information requested, and frankly I have every right to demand that because it’s in the board rules.  Mr. Dienes made it very clear what information I am supposing to be getting and I have been demanding that information, it hasn’t been forthcoming.  Why would the Supervisor refuse to help the Planning Commission Chairman get the information for the Planning Commission to do its job?  Have I been holding hands to the fire, yes.  Have I been pushing back, yes.  In my conversation with the Supervisor on Sunday, I asked him if his decision was politically oriented.  His response to that was “I am a politician.”  There are other agendas here besides coming up with we made a few mistakes, as serious as they are and I am not diminishing that.  But I have written proof showing that we are working toward fixing this.  What more do you want in a Planning Commission.

 

Supervisor Gast asked whether there was anyone in the audience wishing to speak.

 

John Murphy, Vice Chair of the Planning Commission, I take offence to Mr. Dienes’ comments of recklessness and general statements that actively being solved.  It’s offensive to me that when we ask for help to learn the job as a volunteer do, that someone would say that we acting reckless.  When we talked about the workshops, my understanding for workshops is to find out how forms should be filled out and what our responsibility was to the applicants.  Not to look at the application of an applicant, the special land use application had two signatures as property owners and only one signature where it says to sign and fill out all the spaces.  The question to Mr. Dienes was is it my responsibility to call the applicant to say that the application isn’t filled out properly.  It’s the responsibility of the Zoning Administrator who accepted the application who is supposed to review it for accuracy to insist the applicant is filling it out.  That was the question and the answer was you are not supposed to do that, call the township Supervisor and say in reviewing your special land use application we see that its in error or things have been omitted so that the applicant can be contact and fill it out before the special meeting.  This last public meeting they rejected an application for that reason.  There were two property owners with one signature, so the applicant had to come back with a corrected copy.  My understanding of a workshop is to gather information knowledge to review our commitment to the citizens of this township and do our job properly, not to talk about their application, or how it impacts anyone else.  There are a number of issues on special land use and zoning ordinances and township subdivisions that I know nothing about.  I am certainly not going to find out about it in a two-hour meeting once a month.  I will find out about it asking questions at a workshop or attending seminars.  My understanding the purposes of the workshops are that we resolve the issues.

 

Words by Mr. Carson that he rather not receive his agenda electronically.  In discussing that item, found out that the Chair person wasn’t even supposed to put out that agenda, it was the responsibility of the township Supervisor working with the Planning Commission Chairman.  So, issues that were brought up by Tom have been addressed and corrected and that just shows growth and a professional attitude to what we have to do which is serve the people of this township.  Thank you.

 

Lillian Svitil commented that I noticed that they keep saying they are volunteers, they are being paid.  Now if you volunteer, you don’t expect any pay, you shouldn’t.  I noticed that in the bills that they met twice, they went out on the site.  So if they are volunteering they shouldn’t get paid.

 

Lou Barinka commented that my concerns and dissatisfaction with the performance of the Planning Commission is well documented.  Everyone of the board members realizes the time I have spent.  I have come to the board because I felt that there was no other recourse than go to the township board and lieu of the Planning Commission.  This is not something that has occurred over a period of months.  It has occurred over a period of years.

The hearing was concluded at 7:52 p.m.

 

Supervisor Gast asked board members to deliberate on this issue and have discussion.

 

Trustee Fritz Wolf commented that since we have had the meeting with the attorney we have been very sensitive to not have any conflicts.  Not discuss the application.  There is no violation whatsoever since that meeting with Mr. Dienes.  I will say this Robert Petersen is doing a good job.  A very good job.

 

Trustee Mike Jasper commented he was in the office last week John, and we discussed this issue.  Your comment at that time was that Robert Petersen’s term is up in December, he will be gone then.  Now I get this one page sheet in my agenda just says Planning Commission Concerns, direct questions to Tom Carson.  I thought we just going to be talking about the same stuff we did last week.  My understanding from what Robert Petersen said here tonight, you didn’t tell him there was going to be a hearing, how could I prepare with just this one page here not knowing what is going on.  I think this whole thing comes down to, I don’t think what Robert Petersen is asking of Zoning Administration James Gast is unreasonable.  I think what this whole thing comes down to is there is a conflict of personalities here.  James Gast is not doing his job in this respect on this issue.  I think you are using some of these other things as a smoke screen to protect your cousin.  I think  this is reflecting on this administration and how poor a job that has been going on in some of these areas.  I don’t think Robert Petersen should be given the sword.  The Planning Commission has asked for help, and the board has not given it to them.  I think there needs to be a sit down discussion with Robert Petersen let him know exactly what his responsibilities and duties are and the same conversation has to be made with James Gast, Zoning Administrator and tell them to work together.  We finally have someone on the Planning Commission who wants to follow the ordinance. Wants to follow the rules.  When it gets a little inconvenient,  you want to throw him off.

 

Trustee Tom Carson commented have board members read all the minutes of the Planning Commission meetings.  I have read them.  I have been to a few of them.  I stated at our last board meeting, I would not continue on the Planning Commission if they can’t follow the law.  The minutes state it pretty simply.  There was no public hearing at our last meeting.  It states it in the last minutes.  The public hearing was closed but never got opened.  There are no time limits of the public hearing.  I questioned it.  I didn’t get anywhere.  I questioned my other concerns in regards to the email.  Did it get solved?  No.  It didn’t get solved.  Because the agenda’s don’t get to us on time.  How can the Supervisor get an agenda to me, when we don’t get them until Saturday, Sunday, Monday morning?  Sometimes we get them by Friday.  Then there is inadequate time for it.  So, it’s in the minutes.  The minutes have been done very well.  Yes, Lou Barinka is right.  It has been going on for years.  Is it getting better, I don’t know?

 

Treasurer Betty Korcek commented there is a real lack of communication.  I look at the boards, the Zoning Board, the Planning Commission and these are people that have been appointed, they have been asked to serve in these position.  Yes they are paid for a meeting, but the time that they have to devote.  We have to do a lot of studying too on issues that come before us.  They are responsible for doing that too.  I believe they do get paid to go out and see the site.  I know there have been mistakes made.  Each of us have made mistakes too.  I think they are working at trying to improve.  There is education out there for serving on boards.  The different positions that you are responsible for.  I think we need to take advantage of this so we can help do our job better.  We owe this to the residents that we are serving.  I know there have been some violations.  We are putting our township at risk when we have Open Meetings.  Hopefully the Planning Commission is aware of this and they are working on this.  Lack of communication is costly.  The Attorney is here tonight.  That is costing too.  Whenever we have meetings and we have to call people in, that costs the township too. We are all responsible for doing our job to the best of our ability.  We have to trust each other and work together.

 

Trustee Terry Eichler commented there is a lack of communication.  Everything can be improved.  We all make mistakes.  We are just human.  I wish I could say I never made a mistake in my life, but it happens to all of us.  There are things that need to be cleared up.  We have to do what we do by the law, everything has to be above board and you have to post things 18 hours in advance, that is just part of the law.  It needs to be done, and we have to follow it closer.  Some of this stuff we are not following close enough.

 

Clerk Gloria Payne commented I have met with all parties in this situation we have met with the members of the Planning Commission and the township attorney and the Zoning Administrator and my suggestion for tonight is that we table this for two weeks and get some resolution to two parties trying to work together.  I don’t want to just axe one person against another person.  I don’t think that is fair.  If both individuals are not performing then both should be removed.  I’ve met with these individuals, we have issues and we are adults and we can work this out.  I think we should.

 

Supervisor John Gast commented I also have been involved in the conversations in regards to the issue of the Planning Commission.  I don’t take this decision lightly to ask Mr. Robert Petersen for his resignation which I did on Saturday.  However, I also feel that I have an obligation to keep the township and target here as to our exposure and concerns in providing the process of planning, land use permits and such.  After three or four meetings we have had, I just don’t see a middle ground being gained anywhere here.  Is it a reluctance to work together, what is it?  It has taken up a lot of the township’s focus.  I know Robert Petersen takes his job seriously.  I am looking out, the best, I can, not always being right, I am looking in the direction of making decisions for the township that are in the township’s best interest.  If we are being exposed by improper postings or no postings or who is posting, I have to address that.  That’s why this evening I have asked the township board to consider my request.

 

Supervisor Gast asked board members whether they wanted Mr. Petersen to speak.  All agreed.

 

Mr. Petersen commented the emails that I handed out tonight demonstrate a huge effort on my part to communicate concerns to the board.  These emails are about the way things have been conducted inside the township hall.  However, I have in those emails stated that I am willing to work with anybody in the township.  There are individuals at township hall that have said in front of their supervisors, they are not willing to work with me.  These are paid individuals who are the payroll of the township.  That is inappropriate.  It is also inappropriate for those individuals to hang up the phone on people, to walk out of conference calls.  The lack of communication is not for any lack of effort on my part.  I have asked the board to address these issues in lengthy emails outlining in great detail the history and all of the issues at hand and I have never gotten a response.  I don’t think that is appropriate either.  So I have pledged in writing to you in the past I am willing to work with anybody.  If I get the information that the Planning Commission needs to function properly this individual and I will get along just fine.  Personalities aside.

 

It was moved by Clerk Payne seconded by Wolf to table this agenda item until June 21, 2004 and hire a mediator to address these concerns and issues. 

 

Trustee Carson asked where this mediator would come from.

 

Clerk Payne suggested someone who could help us in a legal manner, a personal matter, from either the Michigan Townships Association or from out of the area.  Attorney Dienes can probably help us on this.

 

Roll call vote: Wolf yes; Korcek yes; Payne yes; Gast no; Carson no; Eichler yes; Jasper yes.  Five yes.  Two No.  Motion carried. 

 

 

B.  Moonflower Path Water Main Extension

Supervisor Gast submitted to board members the Michigan Department of Environmental Quality (MDEQ) permit application approving the extension.  Further, Stewart Beach has reviewed this permit and the recommendation of Larry Merritt Engineering and the only issue would be that the tap for the residents is put in before the driveway gets paved.  It was moved by Jasper seconded by Korcek to adopt the water main extension for Moonflower Path as an extension of the township’s water system.  All ayes, motion carried.

 

C.  Proclamation for WWII Veterans

Supervisor Gast read a World War II Veterans Recognition Day Proclamation which was presented to the board.  This proclamation will be delivered to all veterans on May 29, 2004 at the Bridgman American Legion.  It was moved by Eichler, seconded by Korcek to approve the World War II Veterans Recognition Day Proclamation.  All ayes, motion carried.

 

D.  HSC Services Contract

Supervisor Gast presented board members with the Extension of agreement for Assessor of record services from June 1, 2004 to May 31, 2005.  The initial increase was 8% and Supervisor Gast and Clerk Payne counter offered with 4%.  Trustee Jasper commented maybe its time to put it out for bids.  Trustee Eichler commented that there are few Level IV Assessors in the State of Michigan.  Trustee Jasper commented that he could go along with the increase if he changes holding Board of Review the same night we have township board meetings.  It was moved by Payne seconded by Korcek to approve a 4% increase to the extension of agreement for Assessor of record services with contract language that the Board of Review not be held the same night as township board meetings.  All ayes, motion carried.

 

A five minute break was held

 

E. Right of Way for Utilities Maintenance

Supervisor Gast presented board members with information from American Electric Power (AEP).  This involves Moonflower Path along the township’s property.  There is an egress and regress easement through that property.  AEP is requesting that they have access for easement across the township’s property for the purpose of maintenance and foliage control of the power lines which will be supplied to Moonflower Path.  It was moved by Trustee Jasper seconded by Clerk Payne to authorize Supervisor Gast to sign the right of way utility maintenance easement with American Electric Power (AEP).  All ayes, motion carried.

 

F.  Change Order - Fire Truck

Supervisor Gast turned the floor over to Trustee Eichler who explained that the change order for the new fire truck involves adding an upper interior 4-way aluminum cabinet with divider and two (2) hinged doors above the seating area.  The invoice from Custom Fire Apparatus, Inc., is in the amount of $1,100.00.  It was moved by Korcek seconded by Carson to accept the change order from Custom Fire Apparatus, Inc., in the amount of $1,100.00 for adding an upper interior 4-way aluminum cabinet with divider and two (2) hinged doors above the seating area to the new fire truck.  All ayes, motion carried.

 

G.  Disc Golf

Supervisor Gast introduced Dave McNabb who proposed Lake Township Park consider a Disc Golf course. Disc Golf is much like playing golf with nine or eighteen holes.  A frisbee or disc is thrown into a basket in the least amount of throws.  The hole is anywhere from 175 to 500 feet from a throwing location.  A disc golf club of southwest Michigan “The Chain Gang” has been formed and they are only looking for a place to develop a course.  There is no cost to Lake Township.  This club would take care of installing the course.  The park is a great location since it is fenced, has bathrooms, and brings commerce to the area.  It was moved by Payne seconded by Korcek to authorize the Lake Charter Township Park Committee to oversee “The Chain Gang” install a disc golf course.  All ayes, motion carried.

 

H.  Road Bids

Supervisor Gast presented board members with two bids for the road at Lake Township Park.  Rieth-Riley Construction Company, Inc., $108,000.00 and Fred M. Ott $65,620.00. The bid specifications include six inches of black top with eight inches of base brought to grade.  Fred M. Ott’s bid is compacting the base and Schucks Pavings would come in and do the paving.  After discussion regarding petroleum costs increasing and knowing that the road will not be installed until Fall, 2004, it was decided that Supervisor Gast discuss with Terry Childs of Schucks Paving the asphalt price is secured when we are ready to begin installation of the park road.  It was moved by Wolf seconded by Korcek to direct Supervisor Gast to discuss securing the asphalt price until road installation and further accept the bid from Fred M. Ott for $65,620.00 for the paving of the new park road.  Roll call vote: All yes.  Motion carried.

 

 

I.  Public Participation Process (PPP) for Lower St. Joseph/Galien River Watershed

Supervisor Gast presented a review draft of the Public Participation Process Lower St. Joseph/Galien River Watershed National Pollutant Discharge Elimination System Phase II Storm Water Regulations prepared May 2004.  This is part of our participating plan with storm water runoff.  Township board approval is necessary to approve the plan being submitted.  Fishbeck, Thompson, Carr & Huber are representing us through the NPDES permit process and this is a continuance of that.  It was moved by Korcek seconded by Eichler to  approve and allow Supervisor Gast to sign the draft of the Public Participation Process Lower St. Joseph/Galien River Watershed National Pollutant Discharge Elimination System Phase II Storm Water Regulations prepared May 2004.  All ayes, motion carried.

 

J.  Transfer Switch for Lift Station#40

Supervisor Gast informed board members that the 480 transfer switch when they began examining the process of converting it to a 240 switch it became apparent that it would be just as costly as a new switch to make the change.  They are suggesting that we apply the new switch and they will return the old switch to us which could have a sale value of $500.00 - $750.00.  The new switch is $2,546.00.  With the storm season upon us, it is advantageous we take action and purchase the new switch.  It was moved by Eichler seconded by Carson to purchase the 480 transfer switch from McAllister for $2,546.00.  All ayes, motion carried.

 

K.  Call for Special Meeting - Watermain Improvements

Supervisor Gast requested a special meeting be scheduled to discuss the watermain study.  Larry Merritt of Merritt Engineering would like an opportunity to address his suggestions on the upgrades.  After discussion  it decided to hold a special meeting on Monday, May 24, 2004 at 8:00 a.m.

 

PUBLIC COMMENT

Lou Barinka commented four regulations from a neighboring township. No person, firm, or corporation shall permit any junk, debris, waste materials, combustible material, or other miscellaneous unused, unsanitary or dangerous material or equipment, or other source of filth or cause of sickness to accumulate in unreasonable or abnormal quantities in, on, or adjoining the property owned or occupied by such person, firm or corporation.  Lake Township has no regulation covering litter and debris therefore, becoming a safe haven for dumpers.

 

Anti-noise.  No person, firm, or corporation shall cause or create any unreasonable or improper noise or disturbance, injurious to the health, peace, or quiet of the residents and property owners of the Township.  Lake Township has no anti-noise regulation to protect people’s quality of life.

 

Public Nuisance No person, firm or corporation shall create, cause or maintain any public nuisance within the Township by the unreasonable creation of dust, smoke, fly ash or noxious odors, offensive or disturbing to adjacent property owners and residents in the area.  Is it not true,  Lake Township has no nuisance regulation to protect health, safety and welfare in my district.  Nuisances were removed from our ordinance.

 

Fencing regulations.  Activitiy is conducted within a completely enclosed building or is enclosed with a solid suitable fence not less than six feet high; and provided further that no goods, materials or objects shall be stacked higher than the fence or wall.  Is it not true Lake Township removed a viable fence regulation from my district. 

 

The regulations I quoted you come from a township that promotes itself as a world class community.  Lake Township has a world class tax base, for a small township, but it has a third world ordinance.

 

The ordinance as adopted in 1983, was well written and definitive in all areas.  But over the years the Planning Commission, with board approval stripped from the ordinance the very rules and regulations designed to protect people’s health, safety and welfare.  Also, this board has failed to initiate a change in the predatory zoning, imposed upon the residential and commercial property owners in my district.  Not an enviable record, how many of the board members would have remained silent living in my district, experiencing the events I just read to you.

 

Erna Linke commented I would like to thank the people taking care of the cemeteries they have done a very nice job.

 

Lillian Svitil commented the park too.

 

 

 

ANNOUNCEMENTS

The next regular meeting is scheduled for June 21, 2004 at 7:00 p.m., Lake Township Hall, Bridgman, Michigan.

Lake Charter Township Planning Commission is scheduled for June 7, 2004 at 7:00 p.m.

Lake Charter Township Planning Workshop is scheduled for May 24, 2004 at 7:00 p.m.

 

ADJOURNMENT

With no further objection and no further business it was moved by Korcek seconded by Eichler to adjourn the meeting.  All ayes.  Motion carried.  Meeting adjourned at 9:25 p.m.

 

 

Dated:______________ _______________________________

                                                                                                Gloria A. Payne, Clerk

 

Dated:______________ _______________________________

                                                                                                John Gast, Supervisor