July 14, 2008

COMMITTEE OF THE WHOLE

Supervisor Commissaris convened the Committee of the Whole at 6:00 p.m. The following board members were present: Trustee Donald Boven, Trustee Paul Cutting, Trustee Erin Hoogendyk, Treasurer Joyce Neubauer, Supervisor Ronald Commissaris, and Clerk Linda Kerr. Also present was one interested person.

Supervisor Commissaris stated that the purpose of the meeting was to discuss issues related to the purchase of real property. Motion by Boven, seconded by Cutting that the Board of Trustees go into a closed session pursuant to Section 8 (3) of the Open Meetings Act for the purpose of discussing issues related to the purchase of real property. Roll Call Vote: Ayes: Boven, Cutting, Hoogendyk, Neubauer, Commissaris, and Kerr. Nays – None. Absent – Bosch. The motion carried and the Board moved into Closed Session at 6:00 p.m. and returned to regular session at 6:50 p.m.

TOWNSHIP BOARD MEETING

CALL TO ORDER AND PLEDGE OF ALLEGIANCE

Supervisor Commissaris called the meeting to order at 7:00 p.m. inviting all to join Attorney Roxanne Seeber in the Pledge of Allegiance.

ROLL CALL

Clerk Kerr called the roll and the following board members were present: Trustee Steven Bosch, Trustee Donald Boven, Trustee Erin Hoogendyk, Treasurer Joyce Neubauer, Supervisor Ronald Commissaris, and Clerk Linda Kerr. Also present was Attorney Roxanne Seeber, Engineer Tom Wheat, and approximately seventeen interested persons. Trustee Cutting arrived at 7:15 p.m.

CITIZENS’ COMMENTS NON-AGENDA ITEMS

Attorney Darren Malek explained that an issue has come up in connecting with a building permit issued by the Township. Mr. Todd Roberts purchased three unplatted parcels from Mr. Hitson. A condition of the purchase agreement was that building permits could be attained for the parcels, building permits were issued, and Mr. Roberts built homes on two of the parcels. He sold one home and was issued an occupancy permit by the Township. However, the purchaser was later notified and billed by the Township $8,600 for a sewer assessment; this was not something they were expecting. It is undisputed that it was not communicated to Mr. Roberts at the time of the issuance of the building permit that a sewer assessment was due. If Mr. Roberts knew about the assessment prior to purchasing the property he would have made a different decision. Additionally, the Township took the position that an occupancy permit for the second house would not be issued until the sewer assessment on both parcels were paid.

If his client was aware of the assessment prior to purchasing the property he would have done something different. He is looking to the Township for guidance and relief.

Engineer Wheat explained that when the district was created the assessment was against the original property, if a land division occurs the assessment stays with original home or parcel, each new parcel is assessed, which is common practice and part of the Township Ordinance. Attorney Malek explained that the buyer and seller acted in good faith, came to the Township to investigate, and was told there were no assessments against the property. It is the Township’s policy to give notice at the time a building permit is issued and for what ever reason that practice was not followed. Motion by Bosch, seconded by Boven, motion carried unanimously, to postpone action until the Board could consult with Attorney Seeber.

Julie Phillips introduced herself to Board members and announced that she is running for District Court Judge and outlined her experience.

ADOPTION OF AGENDA

Supervisor Commissaris reported that the Planning Commission is unsure of why the Ordinance Regarding the Parking of Recreation Vehicles was returned to them and is requesting clarification. He asked to add under BUSINESS: G. Clarification to Planning Commission the Return of the Parking of Recreational Vehicles Ordinances. Motion by Hoogendyk, supported Cutting, motion carried unanimously, to adopt the agenda as amended.

GENERAL CONSENT AGENDA

Supervisor Commissaris asked whether any board members wanted to remove any items from the General Consent Agenda. Motion by Boven, seconded by Hoogendyk, motion carried unanimously, to adopt the General Consent Agenda consisting of minutes of the June 23, 2008 board meeting, as written; Bills for $61,752.54 and bills paid prior to the meeting for $108,504.76; Cash and Investment Reports, Building Department Report; and Announcement concerning the annual flu and pneumonia immunization clinic to be held on October 16, 2008. Supervisor Commissars added that the flu clinic sponsored by Quinn’s Pharmacy will be held on October 17, also at the Township Hall.

PUBLIC HEARING

Supervisor Commissaris opened the public hearing at 7:30 p.m. to listen to comments regarding the expansion of the DDA District.

Township Planner Russ Wicklund explained that the intent of expanding the district is to grow the boundaries prior to development of additional residential development, which could restrain expansion in the future. The expanded district only adds property to the DDA it does not rezone any property; however, it does establish a base for capturing taxes above that established amount, which generates revenue for the DDA. He stressed that captured funds can be used only for improvements within the district.

Mark Goodwin of 6709 Texas Drive questioned why the DDA is being expanded and what benefit to the community.

Barbara Huber of 10049 West R Avenue stated that she was on the Planning Commission and it was her understanding that the corners area was not intended for big box stores and that idea rather scares her.

Trevor Jepkema of 8159 S 8 th Street asked what effect being included in the district would have on property owners.

Due to no further comment the Public Hearing closed at 7:50 p.m. Discussion ensued on Big Box stores and that the Corners Business District zoning limits building size to 10,000 square feet; property taxes above an established base are captured by the DDA it does not increase them; the reason that the expansion is being done now is that some of this land is vacant and at a certain point in time due to residential and other pressures it may be impossible to expand the district.

Motion by Boven, seconded by Neubauer, motion carried unanimously, to adopt the Resolution to expand the DDA District and direct the township attorney to prepare an amendment to the DDA ordinance incorporating said expansion and delineating the new boundaries for first reading not less than 60 days from the date of the resolution; Township Planning Commission create the necessary amendments to the Township Master Plan to designate the new DDA boundary; and DDA amend the approved development plan to incorporate the expanded boundaries. Roll Call Vote: Ayes: Bosch, Boven, Cutting, Hoogendyk, Neubauer, Commissaris, and Kerr. Nays – None. Absent – None.

LAND DIVISIONS/ZONING PERMITS/BOARD/COMMITTEE RECOMMENDATIONS

Public Safety Committee

Trustee Cutting explained that the Public Safety Committee met July 1, 2008 along with Mark Nottley who provided an update on the public safety study. Mr. Nottley is meeting this week to talk further with individuals from the Fire Department and should have the final report in September. Mr. Nottley commended the Department for the excellent job of providing detailed information. The Committee also reviewed the 2008 six month statistic report provided by Acting Chief Williams. The report indicates that in 2008 there have been 355 calls as compared to 320 in 2007. Out of the 355 calls 117 occurred during times when the station is unstaffed.

Acting Chief Williams updated the Board on a house fire that occurred on Sunday, July 13, 2008.

BUSINESS

Resolution Changing Date for July and December Board of Review

Supervisor Commissaris explained that the Resolution allows the township supervisor, as secretary to the Board of Review, to determine upon consultation with the township assessor and the members of the Board of Review, the dates and time for the July and December sessions. Attorney Seeber relayed that due to recent legislation the dates for the July and December Board of Review can be changed allowing assessors that represent more than one municipality time to hold the mandated meetings. Motion by Kerr, seconded b Hoogendyk, motion carried unanimously, to adopt the Resolution authorizing the Township Supervisor, as secretary to the Board of Review, to determine upon consulting with the Assessor and members of the Board of Review the dates and time for the July and December sessions of the Board of Review. Roll Call Vote: Ayes: Bosch, Boven, Cutting, Hoogendyk, Neubauer, Commissaris, and Kerr. Nays – None. Absent – None.

Staff Resignation

The next item addressed by the Board was a letter from Township Secretary Shannon Grehl stating that she has accepted another position; however, her hours are flexible and she would be willing to work two days a week. Supervisor Commissaris explained that the three elected officers have discussed the proposal; the office is not busy and current staff can take on added responsibilities; they are recommending not accepting the part-time proposal. Discussion ensued on responsibilities of other staff members and current lack of work, needs of the office, and ability of staff to take on added responsibilities. Acting Chief Williams iterated that he personally and other members of the Department would like to see Shannon continue. Motion by Boven, seconded by Kerr, motion carried, to accept with regret the resignation of Shannon Grehl and not make the position part-time. Roll Call Vote: Ayes: Boven, Cutting, Hoogendyk, Neubauer, Commissaris, and Kerr. Nays – Bosch. Absent None.

Request to Promote Firefighter to Equipment Operator

Acting Chief Williams introduced Firefighter Peter VandenBogerd explaining that Peter has been with the Department for approximately 5 years and has acquired the skills to become equipment operator. The position requires a lot of decision making, training, and required additional educational courses.

Motion by Bosch, seconded by Cutting, motion carried unanimously to promote Peter VandenBogerd to Equipment Operator.

Application Form for Outdoor Wood Furnace Variance

Clerk Kerr stated that the Outdoor Furnace Ordinance provides provisions for a variance. She stressed the importance of getting the application and criteria established so the individuals that need the variance can apply to the Board. The letter drafted by Attorney Thomsen gave applicants until the August 17 to apply for the necessary permits; however, individuals they require a variance do not want to go though the permitting process unless they receive the necessary variance. The Board made suggestions for changes to the application form provided by Clerk Kerr and directed Attorney Seeber to provide an instruction attachment sheet for the application and provide the information to the Board at the next meeting. Clerk Kerr also relayed that the Board must decide a fee and recommended that there be no fee attached to the variance and Board members concurred.

Planning Commission Member Resignation

The Board reviewed a letter of resignation submitted from Planning Commission Michael Mair. Mr. Mair has taken a new position which requires him to relocate out of state. He will attend the July meeting, however, that will be his last. Motion by Bosch, seconded by Hoogendyk, motion carried, to accept with regret the resignation of Michael Mair as of August 1, 2008.

Review the Area Agency on Aging Annual Implementation Plan

Supervisor Commissaris explained that the Kalamazoo County Health & Community Services provides local units of government the opportunity to approve, disapprove, or take no action on Area Agency on Aging Annual Implementation Plan for 2009. Motion by Bosch, seconded by Neubauer, motion carried unanimously, to approve the 2009 Plan.

Clarification to Planning Commission on the Parking of Recreational Vehicles Ordinance

Clerk Kerr explained that the Planning Commission is requesting clarification on the proposed Parking of Recreational Vehicles Ordinance that was returned to them by the Board. Discussion ensued on the inequity of the ordinance regarding the parking of boats vs. the parking of motor homes. Clerk Kerr reported that she is receiving many phone calls from individuals that are being told by a candidate running for office that the Township Board is passing an ordinance that will prohibit parking of these units. Further discussion development on how the ordinance originated from the Planning Commission and was return to them by the Township Board. Consensus was reached to schedule a joint meeting with the Planning Commission to further discussion this issue on July 22, 2008 at 6:00 p.m. prior to the Planning Commission meeting.

EXTENDED CITIZENS’ TIME

Marc Goodwin of 6709 Texas Drive reported that the new parking lot at Texas Dive Park is providing a pretty good drag strip and suggested the installation of speed bumps. Discussion turned to cars entering the pathway from the Park and how to eliminate the problem. Engineer Wheat stated that he will look at the parking lot and make a suggestion.

BOARD MEMBER’S COMMENTS

Supervisor Update

Supervisor Commissaris relayed that he attended the Citizens Master Planning class at MSU with Linda Kerr, Richard Craven, and Larry Loeks. They received a lot of good information; however, one idea that they felt would be beneficial to the Corners Business District was the concept of a farmers market. The property east of the township hall would provide the ideal space. He has talked to several individuals and business owners and all have expressed excitement over the idea. The area can be used for other events i.e. selling Christmas trees and wreaths in the winter, holding the annual Taste of Texas, etc. and would provide a generator to get people to come to the corners area.

Clerk Kerr explained another concept that was discussed was kind of an experimental zoning in the corners. She and Supervisor Commissaris have talked to Planner Russ Wicklund about the concept, which could allow for certain temporary uses within the DDA district.

ADJOURNMENT

Due to no further business to come before the Board, the meeting adjourned at approximately 8:55 p.m.

Submitted: Approved:

Linda M. Kerr, CMC, MPA

Attested: Supervisor Ronald E. Commissaris