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PARK
TOWNSHIP
MEETING MINUTES
Draft until approved
at next meeting
January
11, 2007
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or meeting Schedules.
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Art 1 |
Supervisor Stuart Visser called to order the regular meeting of the Park
Township Board held on January 11, 2007 at 6 p.m. at the Park Township Office.
Present were
Supervisor Stuart Visser, Treasurer Jan Steggerda, Clerk Jeffrey Ebihara,
Trustees Doug Dreyer, Amanda Price, John Van Iwaarden, and Attorney Dan
Martin.
John Van Iwaarden
gave the invocation. |
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Art 2 |
The minutes of the
December 14, 2006 Board Meeting were approved as published. |
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Art 3 |
The
Treasurer’s Report was given as follows:
Beginning
Balance...........................................................$2,607,684
Receipts........................................................................$
38,268
Disbursements................................................................$
207,887
Ending
Balance...............................................................$2,438,038 |
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Art 4 |
The Fire Department Report indicated 13 calls were made in the month of
December, and $1,000 in property damages. Chief Gamby reported that all
equipment is in good working order. There were a total of 245 calls in 2006.
78 calls were from the Virginia Park Fire Station, and 167 calls were from the
Perry Street fire station. |
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Art 5 |
The Zoning Administrator’s Report listed 20 building permits for the month of
December, and a total building permit activity of $2,734,000. |
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ART 6 |
PUBLIC COMMENTS (2
MINUTES PER PERSON)
Dan Fitzpatrick, Co-Chairman of the Lakeshore Blessing of the Bikes, asked the
Board for approval for the Blessing of the Bikes at the Ottawa County
Fairgrounds on April 29, 2007. This would be their 6th year. They
have approval from the Fair Board. MOTION MADE; MOTION
SUPPORTED; MOTION CARRIED: A motion was made by Van Iwaarden and supported by
Steggerda to approve the Blessing of the Bikes for April 29, 2007 at the Ottawa
County Fairgrounds. |
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Art 7 |
2007 DEPOSITORIES
MOTION MADE; MOTION SUPPORTED; MOTION CARRIED: A motion was made by Price and
supported by Dreyer to approve the 2007 Depositories. |
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Art 8 |
TRUSTEE
APPOINTMENT: A) OATH OF OFFICE, B) SEATING
Visser stated that 15 people applied for the Trustee position, and all were
interviewed. The Trustee Search Committee recommended Bret Docter for this
position.
MOTION MADE;
MOTION SUPPORTED; MOTION CARRIED: A motion was made by Dreyer and
supported by Price to appoint Bret Docter as Board Trustee for the
remainder of the term.
Ebihara stated
that there was a tremendous amount of interest for this position, and he
thanked everyone who applied.
Ebihara swore in
Bret Docter.
Bret Docter took
his place on the Board.
Bret Docter
offered his resignation to the Zoning Board of Appeals and the Board of
Review.
MOTION MADE; MOTION SUPPORTED; MOTION CARRIED: A motion was made by Ebihara and
supported by Van Iwaarden to accept Bret Docter’s resignation from the Zoning
Board of Appeals and the Board of Review.
Visser recommended
to the Board to appoint Bret Docter to the Planning Commission.
MOTION MADE;
MOTION SUPPORTED; MOTION CARRIED: A motion was made by Ebihara and
supported by Steggerda to appoint Bret Docter to the Planning Commission
as the Board representative. |
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Art 9 |
FOIA POLICY
Visser stated that last month Price requested an amendment to the FOIA Policy to
not release any ‘attorney/client privilege’ documents without first voting to do
so.
MOTION MADE; MOTION SUPPORTED; MOTION CARRIED: A motion was made by Price and
supported by Ebihara to amend the FOIA Policy.
Visser stated that he is opposed to keeping information from the public if
township attorney says it can be released.
Price stated that
she brought this amendment request to the Board so that all members can
share equally in decisions affecting our community. The Board as a
whole is considered a client of Mr. Martin’s and his firm. In her
experience attorney/client privilege is not breeched.
Martin explained
the FOIA policy in detail. He also answered questions pertaining to the
Open Meetings Act, which he feels the township did not violate.
Roll Call Vote:
YES - Steggerda, Dreyer, Price, Docter, Ebihara
NO - Van
Iwaarden, Visser |
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Art 10 |
RECEIPT OF
PETITION
Visser stated that the Board received a petition with approximately 200
signatures requesting Kirk Briggs’ resignation be rescinded.
Ed TerVoort, Port
Sheldon Twp., spoke on behalf of the people who signed the petition. He
stated that he has known Kirk Briggs for 17 years. Although they are
friends, Kirk has stayed professional on the job. Briggs had been one
of the best attendees and teachers of building codes for the past 6
years during monthly Home Builders Association meetings. TerVoort
stated that outside inspection companies should not be considered. Park
Township is unique in the layout of the land. An outside company would
not know about special set back issues, flood plains, and critical dune
areas. An outside company would also be very costly. As an inspector,
you cannot please everyone - you go by the code. Many times Kirk Briggs
got blamed for issues that were turned down by the ZBA. He worked for
the township, and did what was best for the township. TerVoort asked
for Kirk Briggs to be reinstated.
Ebihara stated
that given the fact the Mr. Briggs resigned and accepted severance pay,
he questioned if Mr. Briggs encouraged or helped in this petition in any
way.
TerVourt stated
that he was surprised when he heard of Briggs’ resignation, and started
asking questions. Briggs did not encourage their action.
John Berry, Park
Twp., questioned due process of Briggs’ resignation.
John McDonald,
Park Twp., stated that he had built a shed that was not within code.
Briggs worked with him to make it right. It was the ZBA that turned him
down, not Kirk Briggs.
Diana Garlinghouse,
2317 Auburn Ave., is a volunteer builder who has sought information from
Briggs several times. She is concerned that people would not be able to
get needed information if the job was contracted out. She also stated
that issues should be documented and discussed.
Dawn Kragt, 14335
Essenberg Dr., shamed the Board, and accused Dreyer and Ebihara of
fulfilling a campaign promise.
Don Bergman, 62
Sun Ridge Dr., is a certified home inspector. He stated that he has
seen significant problems in homes where contracted inspections were
done. He encouraged the Board to either rehire Kirk Briggs or hire a
new full time inspector.
Tom Van Eenenaam,
4235 Lakeshore Dr., stated that he would like to know the reasons behind
Briggs’ departure.
Joel Bouwens, 2265
Black Lake Ave., stated that the written record of Briggs’ resignation
and agreement is indisputable. It was agreed upon unanimously by the
Board to accept his resignation. Bouwens encouraged the Board to go
through a careful and deliberate process to determine what skill set the
township needs, and then decide the best and most economically way to
fill those needs.
Rick Van Til, 2359
Black Lake Walk, stated that as a builder he felt his customers
benefited from Briggs’ input. He thanked the Board members he had
contacted for giving him needed information during this interim.
Kirk Briggs, 1950
South Shore Dr., addressed the Board stating that they had never gone to
his office to discuss complaints. He had been a township employee for
15 years, and felt that he deserved another chance.
David Smeenge,
2165 Woodlark Dr., stated that Kirk Briggs’ choices were to resign or be
fired. He feels that the township deserves better than how 3 of the
Board members behaved.
Van Iwaarden
stated some facts in costs involving using private providers for
inspections.
Rod Vandenberg,
Vice President Oak Grove Camp Grounds, stated that as a business owner
it is very hard to accomplish projects. There is no help. The township
needs to improve their customer service.
Kristine Kane,
16523 Riley St., stated that she has never experienced any
dissatisfaction when seeking help at the Park Township
Office.
LeeAnne Jachim,
1522 Perry St., stated that she has always been treated with respect
from the building department, and Briggs was always helpful.
MOTION MADE;
MOTION SUPPORTED: A motion was made by Visser and
supported by Van Iwaarden to rescind the separation agreement previously
enacted and reinstate Mr. Briggs immediately to his former position as
Building Inspector/Zoning Administrator under the same terms of his
prior employment.
Ebihara stated that a vote of rescission was not on the agenda, nor a notice
given to the Board. He believes that it calls for more than a majority vote
under Robert’s Rules of Order.
MOTION MADE;
MOTION SUPPORTED; MOTION CARRIED: A motion was made by Ebihara and
supported by Docter to recess to allow Attorney Martin to review
Robert’s Rules of Order.
Roll Call Vote:
Unanimous
Martin stated that Robert’s Rules of Order was not
formally adopted, but we typically try to follow them. It does have rules
pertaining to motions to rescind, and to amend something that has been
previously adopted. Martin’s interpretation was that because the entire
membership was present, a majority vote of the Board would be necessary to
rescind the previously approved agreement.
Ebihara questioned
if it is practical for the Board to rescind a motion after we have
already entered into a contract that has gone into effect.
Martin stated that
the Board could amend the agreement.
Roll Call Vote to
rescind the resignation of Kirk Briggs:
YES: 3 (Steggerda, Van Iwaarden,
Visser) NO: 4 (Docter, Dreyer,
Ebihara, Price) |
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Art 11 |
DEMOLITION
CONTRACT
Visser stated that he received four bids for the demolition of the Wendt houses
and garage on parcel 70-15-13-400-030. The lowest bid was from H&M Demolition
Companies in the amount of $10,175.00.
MOTION MADE;
MOTION SUPPORTED; MOTION CARRIED: A motion was made by Van Iwaarden,
amended by Dreyer, and supported by Docter to accept the proposal from
H&M Demolition Companies in the amount of $10,175.00 for the demolition
of the houses and garage on parcel 70-15-13-400-030, with the
stipulation that the land is brought up to grade with sand. |
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Art 12 |
PURCHASE OF REAL
PROPERTY
MOTION MADE; MOTION SUPPORTED; MOTION CARRIED: A motion was made by Price and
supported by Steggerda to go into closed session to discuss the possible
purchase of real property.
Roll Call Vote:
Unanimous.
The Board returned
to open session. No action was taken. |
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Art 13 |
COMMITTEE REPORTS
Price stated that the Board/Citizen Committee has been formed for the Park
Township Airport. The members include Trustee Amanda Price, Trustee Doug
Dreyer, Trustee Bret Docter, Roger Rushmeyer (Ottawa Aviation), Dave Siegers
(Ottawa Aviation), Brendan Burke (Parks & Recreation Committee, college student,
& pilot), and Bob Ellis (Johnson Controls retiree, and Chamber Board of
Directors member).
MOTION MADE;
MOTION SUPPORTED; MOTION CARRIED: A motion was made by Price and
supported by Ebihara to appoint Amanda Price, Doug Dreyer, Bret Docter,
Roger Rushmeyer, Dave Siegers, Brendan Burke, and Bob Ellis to the Park
Township Airport Lease Extension Committee.
Price stated that
the language in the Airport Authority documents has been resolved. The
documents have been redrafted. She asked for a study session meeting of
the Board to review the documents.
The
Board decided to meet on Thursday, January 25, 2007 at 6:00 p.m.
Van Iwaarden, MACC
Watershed Technical Committee, stated that Ottawa County adopted a new
fertilizer ordinance that will take effect in January 2008. One of the
major emphases of this ordinance is that no fertilizer may be applied
unless it is 0% phosphorus. Van Iwaarden stated that the Macatawa
Watershed Project has produced a new video titled “Into the Watershed”.
It is an educational tool aimed at school children, but may be enjoyed
by all ages. DVD’s are available for check out at the Park Township
Office front desk.
Van Iwaarden
stated that the Parks & Recreation Committee unanimously endorses the
proposal from T-Mobile for construction of a cell tower at Virginia
Park, and asked that income from a lease be assigned to the Parks fund.
He also announced that the public forum on the future of Wendt Park will
be at the Township Hall on January 30 at 7 p.m.
Steggerda,
Personnel Committee, stated that she would like the Board to address the
Building Inspector/Zoning Administrator position. The building
department is extremely busy. There is illegal building under
construction because people are aware that we do not have an inspector.
Steggerda feels that an in house inspector would be more valuable to the
township. She recommended placing an ad for this position.
Docter suggested a
forum conducted by the HBA to help us understand what is the most
appropriate and common practice with townships our size.
Ebihara stated
that the Board should look into privatized companies.
Visser stated that
he has proposals from PCI and Michigan Township Services. They are not
cost effective.
Docter stated that
although he understands the advantages of having an inspector in the
office, we should obtain long-term proposals from outside sources.
Price stated that
she is concerned about the time frame. She suggested instead of
conducting a forum, ask for input from people who deal with this
department on a regular basis.
Visser stated that
a new job description should be written.
An ad hoc
committee of Stu Visser, Doug Dreyer, and Bret Docter was formed to
gather input of building department needs, and draft a building
inspector/zoning administrator job description. |
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Art 14 |
PAYMENT OF BILLS
MOTION MADE; MOTION SUPPORTED; MOTION CARRIED: A motion was made by Steggerda
and supported by Ebihara to approve the check register for December and the
bills to be paid in January. |
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Art 15 |
ADDITIONAL PUBLIC
COMMENTS (5 MINUTES PER PERSON)
Skip Keeter, 442 Lakeshore Dr., stated that he was one of the fifteen candidates
for the trustee position. He commended the Board for having interviews that
were open to the public, and for interviewing everyone who applied.
Mike Toscano, 1228
Oak Hampton, stated that he was also a trustee candidate, and commended
the Board for the way the interviews were conducted. As a Planning
Commissioner, Toscano stressed the benefits of having a zoning
administrator readily available.
Frank Beltman,
Planning Commissioner, 1898 Lake St., stated that, even though this is a
slow time for permits, the building department is extremely busy and is
having difficulty keeping up with the workload. He encouraged the
Board to seriously consider getting away from the outside services of
inspections, and hire someone in the position that was formerly occupied
by Kirk Briggs.
Judy Beltman, 1898
Lake St., referenced a bike path map, and questioned why it was being
called a sidewalk.
Visser explained
that the Road Commission approves the bike path plans and they call them
sidewalks. For all practical purposes they are bike paths.
Brian Rexford,
1762 Main St., commended the Board for their professionalism. He
apologized to Jeff Ebihara and Doug Dreyer for being verbally accused of
taking money to fire Kirk Briggs. Skip Keeter and himself were also
part of a group that was accused of taking money from a builder in the
area, and it was false.
John Foster, 586
Old Orchard Rd., stated that he was a trustee candidate. He thanked the
Board for their time, and appreciated the fact they interviewed everyone
that applied. He also stated that he appreciates the township’s
user-friendly web site.
Brian Frederick,
Park Township Airport Manager, announced that a hot air balloon race
will take place on January 27.
Chad Brandt, Park
Twp., stated that he would like the Board to consider staying with an
outside service for inspections in order to avoid a similar situation in
the future. |
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Art 16 |
BOARD COMMENTS
Visser stated that he would notify
T-Mobile to have them placed on the February agenda. He would also let them
know that they would most likely need to apply for a variance thru the Zoning
Board of Appeals because a cell tower on the Virginia Park land will not be in
compliance with our ordinance.
Price suggested
for the Board to discuss the Legacy Cost during the budget meeting.
Docter commended
the building department staff for their outstanding work under the
present situation. He also stated that he is honored to be the new
trustee on the Board.
Steggerda stated
that it was very interesting and enjoyable being on the Trustee Search
Committee. It was a hard decision, and she appreciated the candidates’
input. She hopes that the Board will have integrity and respect for
each other, and do what’s best for the township as a whole.
Van Iwaarden
commended Peggy Van Eyk for her customer service skills in the building
department.
Ebihara stated
that he has received calls complimenting Sandy Brodie on her work in the
zoning department. |
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Art 17 |
ADJOURN
MOTION MADE; MOTION SUPPORTED; MOTION CARRIED: A motion was made by Price and
supported by Van Iwaarden to adjourn. |
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Julie Northrup
Recording Secretary
01/17/07 |
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