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PARK TOWNSHIP
MEETING MINUTES
Draft until approved at next meeting

February 10, 2005
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Art 1

Supervisor Stuart Visser called to order the regular meeting of the Park Township Board held on January 13, 2005 at 6 p.m.

Present were Supervisor Stuart Visser, Treasurer Jan Steggerda, Clerk Jeff Ebihara, Trustees Doug Dreyer, Gene Koopman, Amanda Price, John Van Iwaarden, and Attorney Dan Martin.

Doug Dreyer gave the invocation.

Art 2

The minutes of the January 13, 2005 Board Meeting were approved after amending Art. 13, paragraph 10, changing the word "shared" to "distributed".

Art 3

The Treasurer’s Report was given as follows: 

Beginning Balance...........................................................$2,421,259

Receipts........................................................................$  229,302

Disbursements................................................................$  136,718

Ending Balance...............................................................$2,513,844

Art 4

The Fire Department report indicated 23 calls were made in the month of January and $6,000 in property damages.  Fire Chief Ken Fought reported that all of the equipment is in good working order.

Art 5

The Zoning Administrator's Report lists 4 new single-family homes and 14 alteration and addition permits for the month of January and a total building permit activity of $1,901,875.

Art 6

Koopman reported 6 Liquor Inspection reports had been turned in for January.  All establishments were in compliance and good condition.

Art 7 PUBLIC COMMENTS

No public comments. 

Art 8 FAIR BOARD LEASE AGREEMENT

Visser stated that the Board first looked at the new lease agreement in November.  Since then, two changes have been made:  1) the annual rent adjustment is changed to every 5 years and, 2) the lease is approved by the Park Township Board instead of the voters.

MOTION MADE; MOTION SUPPORTED; MOTION CARRIED:  A motion was made by Steggerda and supported by Van Iwaarden to approve the Ottawa County Fair Board Lease.

Ebihara questioned the number of members on the Fair Board, how are they selected, how long is a term, and are openings advertised.

Dale Zahn, Fair Board Representative, replied that there are 15 members on the Fair Board.  They are appointed after an interview process for a term of 3 years.  He could not answer if openings have been advertised in the past, but did state that many people come to them showing an interest in becoming a board member.

Price confirmed that the Ottawa County Fair Board is a non-profit corporation, so they can decide on board membership.

Ebihara feels that the Fair Board does not show diversified representation.

Zahn feels that the Fair Board should be represented by the people who can best serve to carry out the goals and objectives of the Ottawa County Fair.

Dreyer clarified that the Fair Board has countywide representation.

Koopman stated that the makeup of the board is not a direct issue to the lease agreement.

Ebihara asked if the Fair Board would be willing to put forward  a formal criteria on how they will make the selection process more open in the future.

Zahn stated that he would take this recommendation back to the Fair Board.

Steggerda suggested placing an advertisement in the Park Township Newsletter for those who might be interested in serving on the Fair Board.

Dreyer questioned how the Fair Board could claim the buildings as assets when the property belongs to Park Township.

Visser replied that per our auditors, the structures are on leased land and the Fair Board should claim them as their assets.  The Township does not claim the structures. 

Steggerda stated if the lease came to an end, then all the buildings would revert to the township.

Ebihara asked for clarification of the CPI (Consumers Price Index) for figuring the lease increase every 5 years.

Martin stated it would be half of the percentage increase in the Consumer Price Index for the month that is twelve months prior to the adjusted day.  For example, if you were to make an adjustment on January 1, 2010 you would take half the percentage increase in the CPI for January 2009.

Van Iwaarden stated that the fair itself operates at a loss.  The leasing of the storage space during the winter brings in a sufficient amount of money to cover the loss plus some excess, which is automatically put back into the fair grounds for upgrading. 

Visser stated that this is a public service provided to the residents at no cost to the taxpayers.

Ebihara questioned the reason for executing a new lease now, when the existing lease does not expire for another year.

Zahn replied that they have an opportunity for an addition to an existing building from money provided by a donor.  They need the security that the fair will exist during the next 15 years.

Price questioned the future of a grounds keeper living on the premises.

Martin stated that this decision is at the discretion of the Fair Board.

 

Zahn stated the Fair Board realizes the need for a plan and it is a topic that is currently being discussed.  He also noted that Vivian Johnson is enormously valuable to the fair grounds security and cleanliness.

 

Steggerda stated that Mrs. Johnson owns and pays taxes on the mobile home. 

Art 9

WATER MAIN CONTRACT:  LAKESHORE DR., QUINCY ST., 168TH AVE.

 

Visser stated that the bidding for this project took place on Tuesday, February 8.  Out of 17 companies the lowest bidder was Dan Hoe Excavating in the amount of $959,729.50.

MOTION MADE; MOTION SUPPORTED; MOTION CARRIED:  A motion was made by Van Iwaarden and supported by Steggerda to award the Lakeshore Dr., Quincy St., and 168th Ave. Water Main Contract to Dan Hoe Excavating in the amount of $959,729.50.

Steggerda stated that the Board should be firm with penalty charges on jobs that go past the contracted deadline date.

Visser stated that penalty charges would be brought to their attention during a preconstruction meeting.

Ebihara questioned how payments are handled.

Visser stated the Township usually makes progress payments on a monthly basis.  He suggested borrowing approximately $400,000 from the sewer distribution fund, instead of from an outside source.  It would save us bonding costs and the interest accrued would be to the Township.  The balance of the money is in the water operating fund and in short-term CD’s.

Dreyer questioned if the Township always awards contracts to the lowest bidder.

Visser stated our engineers choose acceptable bidders.  Once a contractor is given the opportunity to bid, then the lowest bid is accepted.

Ebihara questioned how the residents would be notified of this project.

Visser replied that the engineer usually notifies residents door-to-door.  He also stated that the Township would most likely mail out notices and hold an informational meeting at the township hall. 

Visser stated in order to save a large amount of trees, a 22 feet variance was accepted from the Ottawa County Road Commission, instead of the standard 29 feet.

Art 10

MARCH BOARD MEETING:  RESCHEDULE AND RELOCATE

Visser stated that two of the Board members would not be able to attend the
previously scheduled March 10 meeting, so the suggestion is to move the date
to March 17 in order to have the full board present to approve the 2005-2006
annual budget.  Visser  suggested moving this meeting to the south side at the
Virginia Park Fire Station.

MOTION MADE; MOTION SUPPORTED; MOTION CARRIED:  A motion was made
by Price and supported by Steggerda to reschedule the March Board Meeting
to March 17, 2005 at the Virginia Park Fire Station, 644 S. 160th Avenue, at
6 p.m.

Art 11

STREET NAME CHANGE:  173RD AVENUE TO LAKES EDGE DRIVE

Visser explained that the Ottawa County Central Dispatch initiated this
request.  Many of the residents living on 173rd Avenue are using Lakeshore as
their mailing address.  The residents chose the name Lakes Edge Drive. The
Post Office and Ottawa County Road Commission agreed to the renaming.

MOTION MADE; MOTION SUPPORTED; MOTION CARRIED:  A motion was made
by Van Iwaarden and supported by Steggerda to change the name of 173rd Avenue to Lakes Edge Drive.

Art 12

KELLY RIDGE

MOTION MADE; MOTION SUPPORTED; MOTION CARRIED:  A motion was made
by Steggerda and supported by Koopman to go into closed session to discuss
possible litigation.

Roll Call Vote:  Unanimous

The Board went into closed session.

The Board returned to open session.

Martin explained the Consent Judgment pertaining to the Kelly Ridge litigation.
He noted: Mark DeVries would be admitting responsibility for cutting down an
undetermined number of trees and submit to the Township a modified P.U.D.
site plan that would depict the new required buffers; only dead or diseased trees may be removed, and must be replaced; two new trees will be planted in the
front yard of each lot; and the defendant will pay a civil infraction penalty of
$3,300. 

MOTION MADE; MOTION SUPPORTED; MOTION CARRIED:  A motion was made by
Koopman and supported by Price to approve the Consent Judgment for the
Township of Park vs. Mark DeVries.

The motion was carried 6 –1.  Van Iwaarden opposed.

Van Iwaarden questioned who is responsible for planting the two new trees in
the front yards of each lot.

 

Martin stated that when the trees are to be planted, the developer no longer owns the land.  The developer is guaranteeing that the trees will be planted by putting up the bond.  If the homeowner fails to plant the trees, then the Township can use the bond to make sure it gets done. 
Art 13

COMMITTEE REPORTS

Van Iwaarden reported that the Parks and Recreation Committee is continuing to
work on the 5-year plan for 2005-2010.  He announced that their first priority is
the Virginia Park Complex renovation.  A public forum will be held February 21 at
the Maatman Center at 7 p.m. to gather ideas and input from residents.  M.C.
Smith and Associates have been hired to create the Master Plan for this park.  There are plans to remove the old fire station, and to establish a new parking
area.  Van Iwaarden also stated that the committee is looking into options for
using the newly acquired land east of the fair grounds, and the road-end
property at Ashwood Avenue.  

Van Iwaarden stated that the main focus of the MACC Watershed Committee is
to enact all possible steps to reduce the level of and quantity of pollutants entering Lake Macatawa.  He pointed out the large region of the watershed.

Price reported on current issues for the MACC Technical Committee.  The Airport
Committee met last week at the Metal Flow hanger at Tulip City Airport.  They
reviewed their flight operations and how they use the airport as a business.  Price distributed a list showing where Metal Flow employees live.

Koopman stated that Fire Chief Ken Fought invited the new Public Safety
Committee members, Jeff Ebihara and Doug Dreyer, to visit the fire station and
meet the crew.

Art 14

PAYMENT OF BILLS

MOTION MADE; MOTION SUPPORTED; MOTION CARRIED:  A motion was made by Steggerda and supported by Van Iwaarden to approve the check register for January and the bills to be paid in February.
Art 15

ADDITIONAL PUBLIC COMMENTS (2 MINUTES PER PERSON)

Steve Bulthuis spoke on behalf of the Macatawa Area Coordinating Council.  He
gave a summary of their long-range goals.  The M.A.C.C.’s mission is to
encourage cooperation among neighboring units of government on issues of area wide concern.  He stated that the M.A.C.C. requests its members to set aside
20% of the annual dues for the contingency fund.

Ebihara questioned, for budget purposes, how the Township Board could do a better job projecting beyond this year.

Bulthuis replied by becoming familiar with documents, plans and various activities
that involve the M.A.C.C.  The necessary data will be provided to the Board for
budgeting.

Gretchen Fisher, 131 N. 160th Avenue, strongly feels that all remaining Kelly
Ridge trees need to be identified, and that the two new trees per lot have a lifetime guarantee.  She questioned to whom Mr. DeVries is to submit his
modified Kelly Ridge Plan.

Martin stated that Mr. DeVries would need to bring his modified plan to the
Township Board for a public hearing.  He also noted that if a new tree dies, it
would have to be replaced.

Brian Rexford, 1762 Main Street, questioned if the main concern for a buffer
zone at Kelly Ridge was due to someone losing his or her privacy, since only the
northern and eastern boundaries seem to be the focal points.  He is wondering
if precedence is being set for a possible tree ordinance in the future.  Rexford
feels that the Board should not have total control over the planting or removal
of trees.

Martin stated that the buffer zones were not an issue of privacy, but rather
respecting some of the old growth trees that were on the property.  The trees
on the eastern boundary are being preserved, and most of the trees on the
southern boundary have been removed for the pond.

Art 16

BOARD COMMENTS

Van Iwaarden extended the invitation for all interested to attend the
February 21 public forum for the Virginia Park Restoration Project.  The meeting
will take place at 7 p.m. at the Maatman Center.

Art 17

ADJOURN

MOTION MADE; MOTION SUPPORTED; MOTION CARRIED: A motion was made
by Koopman and supported by Price to adjourn.

  Julie Northrup, Recording Secretary, 02/16/05

 

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