Park Township           Ottawa County, Michigan


PARK TOWNSHIP
SPECIAL MEETING MINUTES
Draft until approved at next meeting

July 17, 2008
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Art 1 Supervisor Stuart Visser called to order A special meeting of the Park Township Board held on June 17, 2008 at 6 p.m. at the Park Township Office. 

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

Art 2

POWER POINT PRESENTATION

Visser introduced Ms. Price for the power point presentation.

Price stated some of the opinions against the airport and rebutted them.

Price discussed the history and gave a description of the airport.  The airport is a tier 3 airport.

Price’s PowerPoint presentation included:

1.    How funding must be obtained

2.    An historic overview

3.    The original lease

4.    Ballot proposals

5.    Establishment of Township Airport Committee

6.    Transitioning of Ottawa Aviation

7.    ‘06 public meeting

8.    Public survey and results conducted by Hope College Frost Center

9.    Formation of the Airport Transition Committee

10. Information about Ottawa Aviation

11. Hiring URS as an airport consultant

12. Recommendations of the Lease Renewal Committee

13. Lease Committee established

 
Art 3

LEGAL REVIEW

Martin provided the board a report regarding the lease, highlighting the major provisions of the proposed lease and compared them to the original lease agreement (1993) and the first amendment to the lease (2002).  Significant changes are seen in the capital improvement portion of the draft lease.

VanIwaarden asked about the five (5) year plan described as an exhibit in the lease.  He questioned why the board did not have the plan prior to this meeting.

Martin stated the board will be receiving the exhibits in the proposed lease. 

Ebihara asked if exhibit B has the financial information.

Martin stated it does and Exhibit C has a site plan.

VanIwaarden asked about the phases included in the five (5) year plan.

Martin restated the board is not voting on the lease at this time, the board will have time to digest the plan and exhibits before they vote. 

Price stated the plan received by the board today would have to be redeveloped based on possible funding attained after the lease is signed.

VanIwaarden stated that seems backward.

Docter asked about the process for revision of the five (5) year plan and what the current plan involves. 

Martin explained the phases of the possible proposed plan economically and aesthetically.  He stated much of the plan depends on receiving funding from grants.  He explained how the grant/lease extension provision of the lease works. 

VanIwaarden would like language in the lease to state, private monies generated do not constitute and extension of the lease.

Ebihara asked what if the terms of the 5-year plan are not met.  

Martin stated they are given 4 years to generate money grants.  

Ebihara stated that is too long.  

Docter stated a $10,000 grant automatically extends the lease until the end.  

VanIwaarden spoke with Randy Collar about specifics regarding the airport and its provisions regarding the runway.

John VanDine – URS Corp. –stated the necessary requirements.

VanIwaarden stated the trees might not need to be cut down if this safety area is upheld.  

VanDine stated the first task after the lease is signed is to conduct an ALP update and a tree survey.   

Docter asked counsel regarding the provision on page 8 (easements and aerial approaches). 

Martin explained the township airport was created prior to the enactment of a state law regarding airport approach protection areas.  Easement and approach language in the lease may not be necessary because it is already contained in state law.  The lease provides that Ottawa Aviation will provide technical assistance to Park Township to enforce the township’s right to the aerial approaches and navigation easements as are established by law. 

Docter supports the survey taken with regard to the residents opposing using township funds to support the airport.  Why do we not have liens and financial liability clauses for non-performance of the lease?   

Dreyer discussed section 11 regarding registration fees. He asked Martin to confirm that we have to pay the fee if the CPI is not met and how much could that cost the Township? 

Martin does not know what the fees will be in any given year.  He agrees with the concerns of the board, but the rationale is the township is the owner of the property and there are certain things that need to be done as the owner.  The survey stated the residents do not want to pay for the operation of the Park Township airport, not necessarily the land associated with it.  The township could seek to eliminate the provision that the township is responsible for any financial portion of the airport.

Dreyer referred the board to section 18 (grants).  He is concerned the township is responsible for getting the grants.

Martin stated, as the owners of the Airport, we, in collaboration with Ottawa Aviation, apply for the grants.  

VanIwaarden stated the township would incur a significant amount of expense to get a grant written.  

Price stated John VanDine has been hired by Ottawa Aviation for that purpose.

Docter stated he would like to see the township pay for no more than the letterhead the grant is printed on to get the grant.

VanIwaarden would like to know information about Ottawa Aviation.  He asked for the information back in January and no answers have been given.  If we are entering into a contract we should know more about them.  He has a financial statement listing from the internet.  He requested all of their company information be given along with the proposed lease. 

Ebihara stated keeping the airport is important.  He stated his concerns with Page 2 section 2. The five year plan needs to be in front of the board in some sort of draft form.  He contends maintenance and use of airport hangers for non aviation related items should not be allowed.  Regarding section E on page 4, Ebihara would like to include a case for eviction if non aviation related items are stored on airport premises.  He commented on Page 6, that a phase one environmental survey should be done prior to signing the lease.  Ebihara referred to page 12 and would like a termination provision included. He stated if airport is closed down for a certain number of years, we should be able to terminate the lease.  He would like the lease to consist of a provision that insures improvements are all handicapped accessible. On page 14, section 20C Ebihara stated an actual date is needed. Lastly, Ebihara feels the board needs to agree on the five (5) year plan.  He stated the Lease Committee did a great job done on an extremely difficult lease.                            

Price stated the State Of Michigan requires that a lease must be at least 20 years plus for state funding. Park Township has a very unusual situation in that we are paid by Ottawa Aviation to run our airport.  That is the reason for the 25 year provision in the lease.   

Ebihara asked about justification on sole source of operation of the airport.  

Dreyer explained the justification and said no others had stepped forward with an interest in operating the property as an airport.

Art 4

PUBLIC COMMENTS  

Terry Nagelvoort – 2323 Pavilion – thanked Jeff and Bret for their good sense and grants.  He asked Mr. VanDine how many grants he had written and how much money has he raised. 

VanDine stated he has written many grants around the state.  He estimated the number to be between 2-3 grants every 5 years for some of the smaller airports that do not receive federal funding similar to Park Township Airport. 

Nagelvoort asked how many applications were submitted.  

VanDynen stated the process is a little different and he explained the process. 

Nagelvoort asked how much the grant was for the airport in Plainwell.   

VanDine stated it was approximately $23,000 a few years ago and another small grant for $20,000 for tree clearing. The Lowell airport grant was approximately $100,000.

Ebihara took a moment to explain his educational background as requested by Nagelvoort via e-mail received and exchanged.  He provided Mr. Nagelvoort references by name, as well.

Phil Capello – 2256 1st Ave. - commended Amanda regarding her work on the lease. He would like the board to allow time for the master plan committee to finish their work.  He called many federal agencies and there are no funds available for tier 2 and 3 airports.  Those monies will be going to the tier 1 airports like Tulip City.  Information provided by the State of Michigan.

Ebihara asked if Capello was in favor of using the land as an airport.

Capello stated we are rushing and he is in favor of using the land as an airport.

Bruce Blakeman– 283 Portchester – suggested we delete the word federal in the lease since there are no federal funds available to a tier 3 airport.

Martin said he needs to include the wording to provide for future changes in the law.

Blakeman - Section 18 and 20 C should be reviewed.and asked what the population of Park Township was at the time of the survey.

Visser provided the information.

Forester, James – stated there are 20,000 people in Park Township but less than 4% had a voice in the survey.  He would like the issue to go to the people for a vote.  Park Township will have to spend money to enforce the lease and it is not addressed in the master plan.  Twp property is being used and cost prohibitive to use as soccer fields.  He has concerns about environmental issues including run off.

George Newman – 100 Crosswind Dr. – enjoys the airport and moved here when the airport was here.  Has issue with 5-year plan and condemnation of property.  Asked about whether the extension to Perry is for access and who will pay.

Sally Pollock – 2285 Ottawa Beach Rd - loves the airport and thinks it makes the area unique.  Why only $3300 for lease payment?  She stated it seems like the land is more valuable. Move hangars to Perry for access and fewer disruptions to the neighborhoods.

Price stated the committee struggled with the cost and the expenses associated with running the airport.   Moving the hangars was to improve the view and access will be at Ottawa Beach Rd.

VanIwaarden stated his experience and impressive educational background in statistics and elaborated that 60% of people posed with a “cold” question will stay with the status quo.  The number is consistent with a statistical fact of surveys.

Docter asked if the survey was valid.

VanIwaarden stated the survey was valid in his opinion.

Chuck DeFeyter – 1700 Annabelle – asked why there was no notice of the meeting.

Visser stated it was posted on the door, in the paper and on the web site, which more than is required by law.

Tom Hendrickson – 2220 Perry St. – confused with the terms of the lease regarding the grant process.  He asked how the lease is extended.  We don’t charge the soccer league to use our facilities, so why charge the airport?

Donna VanIwaarden – 1864 Blue Isle Ct. – when formed, the airport committee stated they would work to have the best public use of the land.  There has been no discussion of alternative uses of the land.  Is there anything the board can do to prevent commercial or industrial use ever happening?

John Dick – moved to Port Sheldon Twp, but grew up in Park Twp.  There is a perception the twp has not taken ownership of this cute little airport.  Why isn’t the twp willing to share and invest in the expense?  Township should encourage residential volunteerism to help in the up-keep.

Joel Welch – 679 Bosma – agrees with Ebihara and Docter.  The lease does have to make business sense.  Grant writing should not cost much more than the letterhead.  He saw a plan showing what the property could be used for other than as an airport (recreation).  Agrees it should not become a commercial property.  He pays more in taxes for a house than OA will pay for this property.  Will work on Perry provide access or is the presumption that the lease will pass?  Will the plan need any rezoning?  He would like to see the airport yield the grass for recreation fields. 

BOARD DISCUSSION

Ebihara stated he has tackled the issue of highest and best use of property and found there are as many opinions as there are people in the township.  The debate would never end.  We need to first try and see if the airport make sense and then move on from there.  The airport has a well-known history and is part of the identity of the township.  It also allows children to be exposed to the aviation field.

Visser stated the only thing that can be brought to a vote is a millage question and not if we should use the land as one thing or another.  He is unaware of any underground storage tanks.  Existing agreements prevent private use if the airport is closed and 10 acres goes back to Holland Area Chamber of Commerce. The goal of the Perry extension is to provide access to Cooper VanWieren Park.  Zoning on property is R-3.

VanIwaarden stated he sat down with Rushmeyer and Siegers regarding co-existence between the airport and recreational needs.  He now knows it is not a possibility.  If the grass runway is closed then an extra 30 acres is available for recreational use.  He elaborated on the amount of money spent purchasing land for recreational purposes and stated the soccer program needs additional fields due to increased demand. 

Price stated URS was hired by Park Township for our usage and paid for by Ottawa Aviation.  Legal counsel can answer questions posed by Mr. Newman.

Martin explained the law regarding condemnation of land.

Docter stated that in our next meeting we can decide what responsibility we have for the property and stand behind it.  Board needs to take the lead and make the decision; we owe it to the people who have been discussing this matter for 30 years.  The township takes from the airport instead of giving to it and we need to decide if that should continue.

Visser asked if the decision to send back to committee is the correct decision.

Docter stated he is not sure and that maybe the full board should address it.

Martin stated some revisions can go back to Ottawa Aviation however; the entire board should discuss other fundamental issues.

VanIwaarden stressed that recreation programs and the airports can co-exist.

Price asked counsel to redraft to lease regarding the board’s decisions and re-look at the lease.

Ebihara would like to see their set proposed 5-year plan.

Price stated that cannot be done without a lease.

Ebihara stated he is not comfortable saying yes to the lease without a plan in place.

Rick Durdin, attorney for Ottawa Aviation – stated the plan distributed is the actual 5-year plan.

Price stated that will be on the web site.

Docter stated maybe addendums would need to be added to the plan for other provisions.

Visser stated a 5 year plan along with a revision of the lease including the comments made tonight will be given to the board for reassessment and discussion.

Docter stated a dollar amount needs to be met regarding grants and the time frame needed to receive that grant.

Martin restated a private grant would prevent the board from terminating the agreement (however, does not extend the lease 5 years).

Art 5

ADJOURN

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