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; Terry Eichler, Trustee; William "Bill" Geukes, Trustee; Fritz Wolf, Trustee and Trustee Tom Carson. Betty Korcek, Treasurer was absent. Twenty-nine visitors were present in the audience.

APPROVAL OF AGENDA & AGENDA AMENDMENTS
It was moved by Eichler seconded by Payne to approve the agenda with one addition and one deletion. All ayes, motion carried.

APPROVAL OF MINUTES
Minutes - Regular Board Meeting January 17, 2005
Minutes - Special Board Meeting February 10, 2005

It was moved by Carson seconded by Wolf to approve the minutes of the regular January 17, 2005 board meeting. All ayes, motion carried.

It was moved by Geukes seconded by Eichler to approve the minutes of the Special Board meeting February 10, 2005. All ayes, motion carried.

PUBLIC COMMENT
Dennis Lawrenz requested an update on the status of the Linke property. Has the building permit been issued? Have inspections been refused? Are there any legal avenues to take?

Sherry Sage Harrison felt that the residents of Sunset Court are only getting lip service. A date is needed as to when some sort of action is expected. Where exactly are we?

Mike Jasper indicated he made an offer to review flow reports of the Galien River Sanitary District, so that Township is not over charged. There is a sixty-day window time frame to dispute charges.

Debbie Lawrenz asked whether board members want to take legal action. If it costs the township approximately $2,000 to get rid of the blight, it would be worth it to get the ball rolling.

Ron Germain taxes should reflect what we have, if we develop a slum area the taxes should reflect that.

Mike Kolaskey commented that if he chooses to do a minimum amount of work, it will only be a bandaid. If we use the money to resort to legal action at least it would make the house a viable piece of property. Everyone here has hoped for the last ten years to have this done. He purchased new lumber, dumped it on the property and only kept the termites alive longer. What happens if mold gets in the house and becomes airborne? Please protect the interest we have in the property. Get the house fixed or gone. This is frustrating.

Supervisor Gast responded that a building permit has been issued to Mr. Linke. The building permit is good for one year.

Trustee Eichler suggested, and board members agreed for Supervisor Gast to check with the Township attorney on what, if any, action can be taken.

Supervisor Gast responded to Mike Jasper that he had met with the Galien River Sanitary District committee regarding the flow reports.

APPROVAL OF BILLS
It was moved by Geukes seconded by Eichler to approve the January 2005 bills totaling $372,289.12. All ayes, motion carried.

COMMUNICATIONS/CORRESPONDENCE PACKET
The following information was included in board members packets: MTA Faxes; Lake Township Water Filtration Plant monthly report; Lake Charter Township Zoning Board of Appeals minutes; Lake Michigan Mailers postage savings statement; Galien River Sanitary Sewer District Authority meeting minutes and project status update; Medic I Agenda and bills; Baroda Township bills; Bridgman Public Library meeting minutes; Southwestern Michigan Commission Twin CATS Technical Advisory Committee and Policy Committee agenda and minutes; Minutes of the Utility Board and a Cemetery Board meeting notice.

Letter from American Electric Power regarding tree trimming; Letter from John Burt, Planning & GIS Mapping Department regarding an educational meeting; Letter from Comcast regarding franchise fees.

REPORTS
B. Supervisor's Report
Supervisor Gast reported as follows:
a. Attended Galien River Sewer District Authority meeting;
b. Attended Medic One meeting;
c. Attended Utility Board meeting;
d. Attended Park Committee meeting;
e. Attended Growth Alliance meeting;
f. Attended CEO Cornerstone meeting;
g. Attended Supervisor's meeting;
h. Attended Library Board meeting;
i. Attended Special Board meeting;
j. Attended Bridgman Chamber of Commerce breakfast;
k. Attended MTA Convention (six training sessions);
l. Attended Chikaming Township Utility Board meeting;
m. Attended Joint City/Township meeting.

B. Clerk's Report
Clerk Payne reported as follows:
a. Met with officials from Lincoln Township regarding Lakeshore Schools elections;
b. Attended Chamber of Commerce dinner;
c. Attended MTA Convention;
d. Attended joint City/Township meeting;
e. Attended Qualified Voter Training at St. Joseph Township;
f. Attended Special Meeting;
g. Attended Community Growth Alliance meeting;
h. Attended Bridgman Elementary School breakfast honoring local officials and business owners;
i. Hosted a voting equipment demonstration.

C. Treasurer's Report

No report given. Treasurer Korcek was absent.

D. Planning Commission Report
Trustee Wolf reported the Planning Commission recommended Barn Creek Development be approved by the Township Board. Received a request for a private road with sewer and water on California Road. A workshop is scheduled for February 28, 2005.

E. Water Superintendent's Report
Water Superintendent Beach reported he attended the Special Board meeting. Met with the Chikaming Township Board members regarding the water agreement. Attended Water and Waste Water Expo. Attended HAZMAT training for township employees. No. 1 claricone is down. Tours were given to interested people of the water plant.

F. GRSD Sewer Authority Report
Supervisor Gast reported concrete was placed for the chambers at three secondary clarifiers and the mixed liquor splitting chamber. The blower building floor slab was placed. Underground piping was installed in the area between the sludge heating building and the digester control building and in the area surrounding the primary clarifiers. A new manhole was set for waste activated sludge drain. The electrical contractor continues to install electrical conduits in the headworks building, sludge heating building and secondary sludge pump building. The fiberglass weirs and baffles, as well as the rake mechanism were installed in secondary clarifier No. 1. The expansion is thirty days behind schedule. Completion date is July 9, 2005. A payment of $209,065.40 was approved by GRSD. The board was selected, Jerry Kohn, Chair; Aaron Anthony Vice-Chair; Robie Reitz Treasurer; Jeanne Dudeck Secretary; John Gast Deputy Treasurer.

G. Police Department
Trustee Eichler reported no meeting was held.

H. Fire Department/Fire Chief
Trustee Eichler reported the Department had an ice water rescue class.

I. Park Report
Trustee Wolf reported the plumbing in the pavilion is complete. The painting is needed then the fixtures will be installed. The brick work is done and work on the fire place is underway. The drainage is installed and working well.

J. Library Report
In the absence of Lillian Svitil, Carol Siewert reported the contractor, while cleaning the caulk off the roof, scratched it, marred it and dented it. No one is allowed on the roof until the manufacturer comes out to assess the situation. Old shelving that is no longer going to be used by the library has been donated to Immanuel Lutheran School and the Benton Harbor Public Library.

K. Utility Committee Report
Supervisor Gast reported the board reviewed the Chikaming Water Agreement. Stewart Beach advised that power was out for a short period of time and the generators were operating without incident.

PUBLIC HEARINGS
A. Rezoning Request - Companion
Supervisor Gast called for another public hearing due to the publication in the newspaper being printed incorrectly. No public commented on the rezoning of the adjacent property, Property No. 11-11-0030-0019-01-7 from Res/Ag to L1 Limited Industrial.

B. Rezoning Request - St. Joe Tool
After an error was discovered regarding the publication in the newspaper which was printed incorrectly, it was moved by Carson seconded by Eichler to set another public hearing for the existing property at 11521 Red Arrow Highway, Property No. 11-11-0136-0006-01-8 from C1 Commercial to L1 Limited Industrial. Further, to table the rezoning request of the existing property at St. Joe Tool, Parcel #11-11-0136-0012-05-1 at 11587 North Hildebrandt Road from Res/Ag Residential to L1 Limited Industrial. All ayes, motion carried.

Supervisor Gast took public comment as follows:

Tom Lippert urged board members to act on the original request then if the site on Red Arrow needs amendment it is recommended that the Planning Commission hold the public hearing. The master plan calls for commercial use along Red Arrow and the Township should adhere to what is in the master plan.

Jared Lippert replied that the rezoning would disrupt the whole nature of the neighborhood.

Gary Gorka indicated that St. Joe Tool is a good neighbor but that he has families in his apartment building and thought it would be to a disadvantage to his renters. He also wondered whether the value of the property would go down and would taxes increase.

Mike Jasper commented Mr. Braddock, owner of St. Joe Tool, is increasing jobs without asking for a tax abatement and the township should be accommodating.

Mrs. Braddock commented to Gary Gorka's comment that his businesses is adjacent to the families in his apartment building.

Warren Rothrock produced a cup of shavings that he picked up around the back of St. Joe Tool and asked that Mr. Braddock keep his waste in a property container instead of all over. There is oil in the mud puddles and could seep into the State Park and eventually into Lake Michigan. He asked why Mr. Braddock couldn't move to an industrial park.

AGENDA ITEMS
A. Mileage Compensation
Supervisor Gast brought to board members' attention the 2005 standard mileage rate at 40.5 cents per mile. After discussion, it was moved by Eichler seconded by Payne to adopt a new 2005 mileage rate at 40 cents per mile. Five ayes, one nay. Motion carried.

B. Bridgman City Park Plan Resolution
Supervisor Gast presented to board members a Resolution supporting the Parks and Recreation Plan undertaken by the City of Bridgman. At the joint City/Township meeting the Resolution was presented and the City Commissioners asked that we support their efforts in improving their parks. It was moved by Payne seconded by Geukes to approve the Resolution supporting the City of Bridgman's Parks and Recreation Plan. All ayes, motion carried.

C. Revision of Board Rules
Supervisor Gast presented to the board the Lake Charter Township Board Rules. After a page by page review, it was moved by Wolf seconded by Geukes to approve the Lake Charter Township Board Rules with the proposed changes and after the Township's attorney reviews the changes. All ayes, motion carried.

D. Public Hearing Call for Accu-Die Tax Abatement
Supervisor Gast presented to the board a letter from Cynthia LaGrow, Berrien County Economic Development Director asking for the Lake Charter Township Board to set a public hearing for consideration and review of the application of an Industrial Facilities Exemption Certificate for Accu-Die & Mold, Inc., for March 21, 2005 at 7:00 p.m. It was moved by Eichler seconded by Carson to set a public hearing for consideration and review of the application of an Industrial Facilities Exemption Certificate for Accu-Die & Mold, Inc., for March 21, 2005 at 7:00 p.m. All ayes, motion carried.

E. Vacation/Sick Time Pay Consideration for Fire Chief
Supervisor Gast presented to the board the employment agreement for Fire Chief Elwood "Skip" Munson and asked to consider amending paying him fifteen vacation days and seven sick days at the time of his April 1, 2005 departure. Clerk Payne asked whether the City of Bridgman was in agreement with this. It was moved by Wolf seconded by Payne to approve amending the employment agreement of the Fire Chief and pay him any unused time as of April 1, 2005, his departure date, and further obtain a letter from the City of Bridgman approving the amendment. All ayes, motion carried.

F. Drain Petition Review
This item was stricken from the agenda to secure from Roger Zilke, Berrien County Drain Commissioner, additional information such as maps of the area and who petitioned the Hathaway, Hemlock and Emlong clean out, relocation, widening, deepening, straightening, tiling, enlarging tile size, extending and adding of a branch to alleviate drainage problems at the corner of Hinchman and Jericho Roads.

G. Water Agreement with Chikaming
Supervisor Gast brought to board members attention, the revised Chikaming Township Water Agreement asking for authorization of Supervisor Gast and Clerk Payne to sign the agreement once the attorney has reviewed it and Chikaming Township has adopted it. This is an agreement for a minimum of twenty (20) years. It was moved by Eichler seconded by Geukes to authorize Supervisor Gast and Clerk Payne to sign the agreement once the attorney has reviewed it and Chikaming Township has adopted it. All ayes, motion carried.

H. 2004 Year-end Water/Sewer Report
Supervisor Gast included in board members packets the 2004 water/sewer report on usage and charges prepared by Sandi Denman, Water Billing Clerk. It was moved by Payne seconded by Carson to place on file the 2004 year-end water/sewer report. All ayes, motion carried.

I. Barn Creek Planned Unit Development
Supervisor Gast turned the floor over to John Olsen of Merritt Engineering who presented the site plan for the Barn Creek Planned Unit Development. Included in board members packets were letters from Anthony Mrozek, Authority Manager, Galien River Sanitary District not having any affect on the sewer from the authority; letter from Brian Berndt, Engineer-Manager, Berrien County Road Commission approving the private road entrance; Izzy DiMaggio, Ex-Berrien County Drain Commissioner approving the drainage plan; Elwood "Skip" Munson commenting on the sufficient fire hydrants and their locations; Stewart Beach, Lake Township Water Plant Superintendent suggesting a 300' service line addressing Michigan Department of Environmental Quality pressure concerns; Matthew Occhipinti, District Floodplain Engineer outlining what the contractor must do regarding construction of the sixteen units to meet and obtain state, federal and local permits that are required by law. After discussion, it was moved by Eichler seconded by Wolf to approve the site plan, the interior road system named "Barn Creek Path" and the building of 16 units. All ayes, motion carried.

PUBLIC COMMENT
Mike Jasper asked where Garden Path was located in Lake Township. Supervisor Gast responded he thought it was off of California Road.

ANNOUNCEMENTS
The next regular meeting is scheduled for March 21, 2005 at 7:00 p.m., Lake Township Hall, Bridgman, Michigan.
Lake Charter Township Planning Commission is scheduled for March 7, 2005 at 7:00 p.m., Lake Charter Township Hall, Bridgman, Michigan.
Lake Charter Township Planning Commission Work Shop is February 28, 2005 at 7:00 p.m., Lake Charter Township Hall, Bridgman, Michigan
Board of Review meets March 21, 2005 9:00 a.m. - 12:00 Noon and 2:00 p.m. - 5:00 p.m.
Board of Review meets March 22, 2005 1:00 p.m. - 4:00 p.m. and 6:00 p.m. - 9:00 p.m.
Lake Charter Township Cemetery Board meeting is scheduled for February 23, 2005 at 10:00 a.m.

ADJOURNMENT
With no further objection and no further business it was moved by Payne seconded by Carson to adjourn the meeting. All ayes. Motion carried. Meeting adjourned at 9:15 p.m.

Dated:______________ _______________________________
Gloria A. Payne, Clerk

Dated:______________ _______________________________
John Gast, Supervisor