Spring Arbor Township Board Minutes: April 14, 2003

The regular meeting of the Spring Arbor Township Board was held Monday, April 14, 2003, at 7:35 p.m., with the following members present: Supervisor Willard DeGraaf, Clerk Randi DeVries, Treasurer Gloria Melchiori, Trustees Marston Fortress, Troy Ganton and Brent Williams. Absent: Trustee Patricia Short. The Pledge of Allegiance was led by Supervisor DeGraaf.

Guests were: Becky Cunningham, June Dodd, Stan Lyon, Evelyn Lyon, Lloyd Ganton, Judy Ganton, Dick Roth, Ken Melville, Dick Greenslade, Russ Ratkiewicz, Richard Renner, Ed Eden, Todd Holton, Linda Farrow, John Silbernagel, Nancy Silbernagel, Dwight Ellison and Jean Ellison.

Public Comment: Public comment opened at 7:36 p.m. Stan Lyon commented that the township board members did a great job at the public hearing for the water system improvement plan; he felt all the facts were presented. June Dodd thanked the board members for their support of the Senior Center and in the township. Public comment closed at 7:37 p.m.

Minutes. Minutes of the regular meeting of March 10 were approved on motion by Ganton and support by Williams, as amended; carried. Minutes of the special meeting of March 27 were approved on motion by Fortress and support by Ganton as corrected; carried.

Financial Report. The financial report for the month was received on motion by Williams and support by Fortress, showing the following balances as of March 31:

General Fund Cash                              $ 18,405.20
Certificate of Deposit                            235,532.30
Fire Operations Cash                              58,088.98
Fire Operations CD                               183,000.00
Street Light Fund                                  14,130.51
Public Improvement Fund                               8.24
P.I.F. Certificate of Deposit                   270,383.83
Building Inspection Fund                         28,822.45
Falling Waters Endowment Fund                      0.00
Falling Waters Endowment Fund CD            9,172.07
Sewer Funds                                    1,366,325.52
Water Funds                                       185,229.36
Trust & Agency Funds                                   0.00
Current Taxes                                            20.30;
motion carried.

The financial report for the 2002-03 fiscal year was received on motion by Fortress and support by Melchiori; carried. An expenditure report for the 2002-03 fiscal year was provided by the Clerk.

Expenditures. Motion was made by Ganton and supported by Williams to approve the following expenditures: General Fund vouchers #38999-39199 totaling $166,771.40, including the Pension Plan Contribution (by wire transfer) of $2,114.42; Fire Department Fund vouchers #39007-39192 totaling $192,513.18, including the Fire Department Pension Plan contribution (by wire transfer) of $312.00; Street Light Fund expenditures totaling $2,683.41; Public Improvement Cash Transfer of $4,100.00; Building Inspection Fund expenditures totaling $8,388.87, including the Pension Plan contribution (by wire transfer) of $109.29; Falling Waters Endowment Fund Cash Transfer of $3,172.07; Sewer Receiving Fund disbursements of $438.27; Sewer O & M Fund expenditures totaling $72,225.37; and Water O & M Fund expenditures totaling $7,891.65. Roll call: 6 yes.

BOARDS AND COMMITTEES:

Planning Commission. Motion was made by Williams and supported by DeVries to approve the minutes of the March 4, 2003 meeting of the Planning Commission; carried.

POLICE/FIRE ACTIVITY:

Police and Fire Report. There were 32 medical rescue runs, one fire alarm, no mutual aid calls, 17 fire runs, one carbon monoxide incident and no bomb threats during March. Police statistics include: 179 complaints, eight accidents, 29 tickets, seven verbal warnings, two arrests and 10 back-up calls to other departments. Motion was made by Fortress and supported by DeVries to receive the police and fire reports; carried.

Chief Greenslade reported that the month of March was busy due to an increase in fires from the dry weather. Three major fires were fought in one week. The new backup jeep is now in service and has performed well. The Chief invited everyone to attend the Annual Pancake Day on May 3 this year, noting that this would be the 50th year of serving pancakes to the community.

Chief Ratkiewicz reported that there were several daylight breaking and entering’s at the first part of March; an individual has been arrested and some of the property has been recovered. The new police car has been ordered; the Chief is hoping to have it in time for the Memorial Day Parade.

UNFINISHED BUSINESS:

NEW BUSINESS:

A. Quote for Sarah’s Garden. A quote was received from Garden Artistry for the planting, care and upkeep of Sarah’s Garden at the Senior Center. Motion was made by Ganton and supported by Williams to accept the bid from Garden Artistry for $390.00; carried.

B. Private Road Ordinance Variance Request. A variance from the private road ordinance had been requested by Katie Tooker for parcel #000-12-03-401-001-03. Motion was made by Fortress and supported by Ganton to deny the request; carried.

C. IFT Resolution for Diversified Precision Products. An application for Industrial Facilities Exemption Certificate was presented from Diversified Precision Products, Inc. Motion was made by Ganton and supported by Williams to approve the resolution for a 12-year period, unless there is an existing policy approved by the township board for a different time frame, which will prevail. Roll Call: 6 yes.

D. Resolution to Establish the Becky Cunningham Historical Fund. Lloyd Ganton spoke on behalf of creating the Becky Cunningham Historical Fund, citing the financial and personal contributions that Becky Cunningham has made on behalf of the historical preservation of the Spring Arbor community. Motion was made by DeVries and supported by Williams approving the resolution to Establish the Becky Cunningham Historical Fund. Roll Call: 6 yes.

E. Amended & Restated Agreement for Endowment Fund. Motion was made by Ganton and supported by DeVries to amend the original agreement for the endowment fund established between the Township of Spring Arbor and Becky Cunningham. Roll Call: 6 yes. A suggestion was made by Lloyd Ganton to appoint an advisory board; the supervisor said he would look into that.

F. Rezoning Request from John Lucas, Cambria Site Condominiums. Motion was made by Williams and supported by DeVries to accept the recommendation of the Planning Commission and approve the rezoning request from John Lucas for property located on S. Dearing Rd., parcel #000-12-10-151-003-01, from Agricultural (AG-1) to Suburban Residential (RS-1). Roll Call: 6 yes.

G. Rehmann & Robson Engagement Letter. Motion was made by Fortress and supported by Williams to approve the engagement letter submitted by Rehmann & Robson outlining their services in performing the audit for the 2002-03 fiscal year, at a price not to exceed $5,000.00; carried.

H. Resolution to Approve Usage of the BS&A Computerized Tax Roll. Richard Renner addressed the board regarding the resolution required by state law in order to print taxes here at the township. Motion was made by Fortress and supported by DeVries to approve the Resolution for approval of using the BS&A software for a computerized tax roll. Roll Call: 6 yes.

I. Resolution to Authorize Electronic Transactions. Motion was made by Fortress and supported by DeVries to approve the Resolution Authorizing Electronic Transactions under Public Act 738 of 2002. Roll Call: 6 yes.

J. Franchise for Millennium Digital Media. Ordinance No. 26-D, an Ordinance granting a non-exclusive franchise to Millennium Digital Media to operate and maintain a cable TV system, was presented with modifications to the Township Board. Motion was made by Ganton and supported by Williams to approve Ordinance No. 26-D as presented. Roll Call: 6 yes.

K. Resolution Adopting Final Project Plan for Water System Improvements. Motion was made by DeVries and supported by Williams to approve the resolution adopting the final project plan for the water system improvement plan and designating an authorized project representative. Roll Call: 6 yes.

L. Liquid Dust Control Program. Motion was made by Ganton and supported by DeVries to approve the 2003 Liquid Dust Control Program with the Jackson County Road Commission at a cost not to exceed $750.75. Roll Call: 6 yes.

M. Response Letter to Mr. Nelson. The Supervisor, in response to a critical letter regarding copy service charges by the township, recommended that the Township raise the copying charge for any item that was not township-related business from .10 per copy to .25 per copy. Motion was made by Fortress and supported by Ganton to increase the copy price of non-township related items from .10 to .25. Four yes votes, two no votes. Motion carried.

N. Resolution to Comply with the Metro Act. Motion was made by DeVries and supported by Fortress to approve the Resolution for the Metro Act. Roll Call: 6 yes.

O. Committee Appointments. Motion was made by DeVries and supported by Fortress to approve the following committee appointments:

Construction Board of Appeals, Troy Ganton, term expiring 1/31/08,
Sewer & Water Committee, Marston Fortress, term expiring 02/28/06,
Sewer & Water Committee, Jim Buck, term expiring 02/28/06,
Electrical Board of Appeals, Larry VanBlarcum, term expiring 03/31/06,
Planning Commission, Richard Roth, 02/28/06,
Planning Commission, Roy Holton, term expiring 02/28/06,
Planning Commission, Carl Jacobson, term expiring 02/28/06,
Region II Representative, Marston Fortress, term expiring 02/28/06,
Rental Inspection Review Board, Tom Zeller, term expiring 02/28/06,
Sewer Board of Review, Tom Zeller, term expiring 02/28/06,
Zoning Board of Appeals, Al Short, term expiring 02/28/06,
Zoning Board of Appeals, David Herlein, term expiring 02/28/06;
carried.

P. Park Development Liaison. Motion was made by Fortress and supported by Ganton to charge Brent Williams with the responsibility of moving the Harmony Park project forward and that the township pay him $1,500.00, divided into quarterly payments, and that he start immediately with this project. Roll Call: 5 yes. Trustee Williams abstained.

REPORTS:

A. MTA E-News for April 2003. The MTA E-News for April included information regarding a scholarship deadline, Michigan Week, Healthy Livable Communities, Online Mapping Programs, Land Use, Featured State at NATaT, Watershed electronic newsletter, local government curriculum, Stormwater Phase II regulations, legal opinions, quick tips, upcoming workshops and how to email the MTA.

B. Report of Strategic Planning Goal #1. Goal #1, to expand the sewer and water systems, was assigned to the Supervisor. The supervisor reported that the Sewer & Water Committee is working on the water system improvement plan at this time.

C. Report of Strategic Planning Goal #10. Goal #10, to analyze township office operations, was assigned to the Clerk. No report was made at this time.

D. Dept. Of Aging Meal Statistic Report. The report for February 2003 showed 459 meals served with a daily average of 23 people.

E. Senior Center Newsletter. The March 2003 newsletter discussed events, activities, and the scheduled meals for March.

F. Mobile Home Taxation Letter. A letter regarding suggested changes for mobile home taxation was received from the Michigan Townships Association, in conjunction with several other governmental entities. The letter cited several reasons for changes to state law and was addressed to state legislators.

G. MTA County Chapter Letter. A letter from the Michigan Townships Association was received that discussed the NATaT conference with Michigan being the featured state there. The letter encouraged township officials to attend the conference and to help procure items to be given away at the conference.

H. NATaT Featured State Letter. A memo was sent from the Michigan Townships Association regarding the association plans for giveaway items at the NATaT conference.

I. Township Official Exchange Program. Information was received regarding an exchange week program throughout the State of Michigan.

J. Presentation from State Budget Director. A presentation from the State Budget Director was made available regarding the financial status of the State of Michigan.

K. MTA Newsletter. The April 2003 MTA Board of Directors newsletter included updates and information from the various MTA departments.

L. Legal Opinion regarding Teleconferencing. A legal opinion regarding teleconferencing for board members at township board meetings was received from the law firm of Bauckham, Sparks, Rolfe, Lohrstorfer & Thall, P.C.

M. Land Use Leadership Council. A letter was received from the Michigan Townships Association regarding the Land Use Leadership Council. MTA requested assistance from township officials for public input regarding local land use decision-making at several public hearings that will be held throughout the state.

MISCELLANEOUS:

Building Permit Report. The report of building permits issued during the month of March showed new homes and miscellaneous permits for a total value of $1,561,500.00.

Assessing/Building Report. During the month of March, permits for three new homes were issued. A permit for a new student housing dormitory was also issued. Mr. Renner discussed the township’s increase in state equalized value and taxable value for the year. He also discussed the resolution for the computerized tax roll and recommended no changes to the current building permit fee schedule.

Supervisor’s Report. Advised the board: of the status of ongoing projects; of a variance request from the private road ordinance; of the new ordinance allowing a franchise to Millennium Digital Media; of a resolution required for the water system improvement project; of a new fund for historical projects; of an agreement for liquid dust control; of the status of sewer allocation problems with the City of Jackson; of a recommended charge for copies; of a resolution to comply with the METRO Act, and; of recommendations for committee reappointments.

Z.B.A. Meeting of March. The Zoning Board of Appeals meeting in March had one varieance request to consider. V03-1, Fritz Advertising for Weatherwax Pharmacy, variance to exceed the maximum dimensions for a sign and the maximum number of signs allowed.

Planning Commission. Unapproved minutes of the Planning Commission of April 1 included a site plan review from AT&T Wireless for a cell tower, and a rezoning request from Dowley Mfg. The Planning Commission also considered language for future inclusion in the Zoning Ordinance regarding Open Space Preservation and Adult Entertainment businesses.

CORRESPONDENCE:

A letter dated 03/10/03 from MTA re. Revenue Sharing.
A project review notice dated 03/11/03 re. an application from JCC.
A letter dated 03/14/03 from Comcast re. a change in digital music service.
A letter dated 03/23/03 from eureka! re. update of web site.
An invitation from the Jackson District Library to meet the new director.

PUBLIC/BOARD COMMENT--GENERAL: 8:57 p.m.

Ed Eden. Mr. Ed Eden, Liberty Township Supervisor, addressed the board regarding the status of the townships working with the City of Jackson for increased sewer allocation. The board members discussed how MACI fit into the negotiations and were advised that MACI was already taken care of. Mr. Eden also asked for information regarding the resolution passed by the township regarding the METRO Act.

Dwight Ellison. Mr. Ellison, a Spring Arbor Township resident, addressed the board regarding his request to remove part of his property from the Farmland Preservation Agreement. Mr. Ellison was advised that the township needed additional information from him to process the application and that it could be acted on by the board at the May board meeting.

Adjournment. Adjournment at 9:21 p.m. on motion by Ganton and support by Williams; carried.