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