Q. 2009-2-10 February 10th 2009 Twp RegularA. TOWNSHIP BOARD
REGULAR MEETING MINUTES
FEBRUARY 10, 2009
The Almena Township Board met at the Township Hall. The meeting was called to order at 7:00 p.m. The Pledge of Allegiance was led by Supervisor Stiles.
Roll call: Marv Flick, Jim Rickli, Doug Stiles, Jerry Lentz, Diane Triquet, Sandra Rickli, and Jim Manning-telephonically.
AGENDA APPROVAL:
MOTION: Motion by Doug Stiles to approve the agenda as presented, second by Jim Rickli. Motion passed.
MEETING MINUTE APPROVAL:
MOTION: Motion by Doug Stiles to approve the regular meeting minutes of January 13, 2009 as presented, second by Marv Flick. Motion passed.
PRESENTATION AND APPROVAL OF BILLS:
MOTION: Motion by Doug Stiles to approve bills in the amount of $36,730.69 as presented by the Treasurer, second by Jim Rickli. Motion approved.
Correspondence and Announcements: Clerk Sandra Rickli shared various upcoming seminars and training opportunities and of a letter received from Paw Paw Township of the notice of the intent to possibly prepare an update to their Current Township Master Land Use Plan.
REPORTS:
Sheriff’s Dept. representative Deputy Jason Hall presented his report, sharing that they received 31 calls for service for Almena for the month of January with 61 units being dispatched.
LIMITED PUBLIC COMMENT:
Jim Culp. questioned if there was any plan to repair the bridge on CR 653. Supervisor Stiles shared that the Road Commission is here tonight to address this issue which will be later in the meeting.
REPORTS:
Treasurer: Diane Triquet shared with the board her delinquent personal property tax report for Almena Township, of which she will begin working on in April or May following the wrap up of winter tax season, with a grand total of $43,742.38. She stated that letters will go out to those property owners indicated. She will work with the township attorney but has the power to seize the property if necessary. Budget problems were discovered in last years reports, which must be corrected via journal entries before the current budget can be amended for this year. The correcting journal entries must first be made before amendments can be made to the current budget. She
explained that the budget is the responsibility of the supervisor but it can be delegated to another
with a board resolution or order.
The board, as a whole, is responsible for checking on the budget throughout the year. Diane also stated that the clerk is responsible for the safekeeping of the records. MTA states “all records must be kept by the clerk in a safe and proper place where they will not be exposed to any unusual hazard of fire or theft.” Additionally, Diane mentioned that the board approved purchase of a safe months ago and still a safe is not located in the township hall. Fire safe storage of pubic records must be a priority.
Planning Commission: Marv Flick, PC liaison reported that all Township Board members should be receiving a draft copy of the proposed zoning ordinance very soon; the PC would like to schedule a joint boards meeting for Monday, March 16, 2009 @ 7:00 pm. in order to give the board adequate time to review the document, subsequently to then meet with the PC to give feedback. Diane Triquet inquired if this could possibly wait until after the current fiscal year is finished (March 31st.)? Marv will inquire and get back to the board. Marv and Jim Manning recently discussed and are now inquiring of the legal possibility of using the $75,000 still in the current road fund budget this year by writing a check for this amount to the road commission that they could hold that would safeguard that money for this calendar year, as a deposit, as such? Attorney Kelly Page suggested Doug state the intent in writing regarding the basis for the request. Kelly will then research this and have an answer for the board at the March regular board meeting state
Attorney Kelly Page: Kelly referenced the Consumers Energy Company Gas Franchise Ordinance he was asked to review, of which, he finds sufficient. Attorney Gary Stewart briefed the board, having recently attended the Court of Appeals hearing for the Hughes property in Grand Rapids. Briefs were submitted by each attorney; upon which three judges were assigned, as is customary. A memo is then prepared. The judges sometimes ask questions or make comments briefly. The next step is for the judges to draft an opinion, upon which there must be 2 out of 3 agreement as to the decision. Two ways as to the outcome is a published opinion, or an unpublished opinion. Gary’s impression is that the judges appeared to have a favorable response to our side. The township will now, once again, wait for an answer.
Supervisor: Doug reported of receiving four estimates for termite control, which are on file. He will bring this up at a later meeting. In regards to the burned house located in Almena Center, Lantz Excavating has been awarded the estimate, by which the house will be torn down and cleared away as soon as the weather breaks. Doug explained that Paw Paw Fire Department, at their January 6th meeting, indicated their report stating 09 budget needs.
NEW BUSINESS:
1. Ordinance Renewal - Consumers Energy - Dennis Berkebile in attendance to present and answer questions regarding this ordinance, which Dennis indicated is fairly standard. It is a renewable ordinance that was passed 30 years ago. The Supervisor and Clerk will sign and publish and then send the copy and the bill to Consumers Energy, upon which the legalities and publishing fees will be covered (reimbursed) by Consumers Energy Company. It was the consensus of the board to proceed. It is a renewable ordinance already existing.
2. Road Commission - Speed Studies, CR 653 N, etc.
Larry Hummel, in attendance, presented the speed study report (findings) of CR 375, as prepared by Jeff Mitchell. His summary report indicated that lowering speeds to 45 mph would target 85% as ticketed, which is almost impossible to enforce. Larry then discussed the CR 653 N bridge, which has been recommended to not be repaired allowing (forcing)
another route to be established which would create the paving of an additional gravel road within the township. Larry explained that with road funding down by $500,000 there is no money available at this time. They will continue to pursue any possibly future funding, with possible grant monies available that will be researched.
Larry also explained the main project goal for Almena, for paving, is 32nd St. from M-43 South to 42nd Ave. During the freeze/thaw period grading work cannot begin as many residents complained of the pothole problem on 32nd St. Barry Antilla is working on the estimate, which is not quite finished, explaining that it must be 32 ft from shoulder point to shoulder point and it will taper from there. Initial reports appear to be $300,000 for tree work/removal alone.
Many residents spoke in support of paving 32nd St. Many residents also spoke very favorably to repair the CR 653 N bridge. It was suggested that the residents in support of repairing the existing bridge on CR 653 sign a sheet indicating they are in favor of repair, or not in favor of repair which can then be taken to the next Van Buren County Road Commission meeting on February 19th.
It was explained that there is no money to repair the bridge at this time, but they are continuously looking for other avenues for funding, and will take under serious advisement requests for repair.
The board then took a five (5) minute break.
3. Jim Haack - Old Township Hall.
Mr. Haack previously submitted a request to bid-purchase the building, as is, for the responsibility going to the buyer; potential rezoning or variance. If the rezoning is approved Mr. Haack would like permission to go into the building prior to the hearing to prep/repair/clean, so that following any board approval, the permit would be ready in days not months. It was answered, by the board, that zoning needs to be in place prior to approval for repairs. If a rezoning request is not approved, variance relief would still be required.
UNFINISHED BUSINESS
1. Internet Service -
David Vaughn of Southern Michigan Cellular Co. in attendance tonight to explain the specifics of the proposal. It would be a 250' lattice tower that would transmit broadband service High Speed Internet and the access possibility for other providers (co-tenants/locators/carriers). When asked of the probability of reaching all the people in the township, it was answered that the probability would be more accurate of 95% of the population within a 1 mile radius. Tenant/carriers would be a necessary component for tower placement. No land lines would be used in this type of setup. A 100 ft x 100 ft compound installing a 20 ft. x 40 ft. equipment building within, upon board approval, would be placed near the tower to house all of the providers. One twelfth (1/12) received from each tenant would go to the township. Lights would be mandated by the FAA and FCC. There was much discussion and more questions from the board. This is only a preliminary structure agreement presented to the board. The board will discuss and be in contact. A sub- internet committee was then established consisting of Doug Stiles, Marv Flick and Jerry Lentz, who will then meet to discuss, and then come back and make recommendations to the board.
Township Board Meeting Minutes - February 10, 2009 Page 4
OPEN PUBLIC COMMENT
Marv Flick explained to the remaining residents in attendance that 32nd St. is very favorable for paving in 2009. A resident requested that they take only the trees absolutely necessary.
OTHER BUSINESS
The next budget work session for the township board originally scheduled for Wednesday, February 18, 2009 at 6:00, will need to be rescheduled to Thursday, February 19, 2009 at 6:00 due to scheduling conflicts with a few board members. All conceded. Jim Manning, stated, via phone, he would be returning to Michigan sometime in March.
ADJOURNMENT
MOTION: Motion by Doug Stiles to adjourn, second by Diane Triquet. Motion approved. The meeting adjourned at 9:35 p.m.
