BERRIEN TOWNSHIP BOARD OF TRUSTEES

FEBRUARY 10, 2009 MINUTES

The Berrien Township Board of Trustees met on Tuesday, February 10, 2009 at 7:00 p.m. at the township hall.  Supervisor Paul Bixby called the meeting to order and opened with the pledge to the flag.

Roll call:  Supervisor Paul Bixby, Treasurer Paul Sprung, Trustees Kevin Klug, Ross Rogien, Harold Bishop, Julie Burke and Clerk Mary Jane Dean were present.

Also present:  Building Inspector Jim Hoover, Fire Chief Tom Stiles, Assessor Alberta Braford, Jennifer Woodley, Bob Albert and Teri Jenks.

Julie Burke made a motion seconded by Harold Bishop to approve the agenda.  All ayes.  None opposed.  MOTION CARRIED.

Paul Sprung made a motion seconded by Ross Rogien that the January 27, 2009 minutes be approved as written.  All ayes.  None opposed.  MOTION CARRIED.

Julie Burke made a motion seconded by Kevin Klug that the Township bills in the amount of $13,572.25 be approved for payment.  All ayes.  None opposed. MOTION CARRIED.

Paul Bixby made a motion seconded by Kevin Klug to approve the joint fire bills in the amount of $8,886.02 with the Township share of $5,740.36 for payment.  All ayes.  None opposed.  MOTION CARRIED.

No bids have been received for clearing the parcel on the corner of Deans Hill and Huckleberry Rd. if some are received  it will be put on March 3, 2009 agenda.

Since Board of Review Board didn’t get sworn in within the required 10 days of their appointment they need to be reappointed.  Mary Jane Dean made a motion seconded by Paul Sprung to appoint Jim Hoover, Marion Dohm, Mark Hetler and alternate Howard McLaughlin.  All ayes.  None opposed.  MOTION CARRIED.    

Richard Moore applied for a land split for his property located at 8635 Painter School Rd.  Zoning Administrator Jim Hoover and Assessor Alberta Braford denied the land split. The split did not meet the required 4 to 1 ratio, the ratio of depth to width.  Mr. Moore is appealing this decision.  Mr. Moore stated that the Township Ordinance does not address 10 acres whether or not the depth to width ratio applies to a parcel larger than 10 acres.  The State Act to amend 1967 PA 288 Sec. 105b allows a municipality to adopt an ordinance that supercedes the State law.  State law Sec. 109(b) says the depth to width ratio requirements of this subdivision do not apply to a parcel larger than 10 acres, unless an ordinance referred to in section 105 (b) provides otherwise.  Township Ordinance Sec. VII C says the ratio of depth to width of any parcel created by the division does not exceed a four (4) to one (1) ratio exclusive of access roads, easements, or nondevelopment sites. Mr. Moore felt they meant the same unless it plainly stated differently.  Jim stated you don’t need to include everything you don’t want.  The idea of this Act was to do away with bowling alley splits.  Mr. Moore stated one house will be built on this parcel that already has a track for dirt bikes.  Mr. Moore did a split in 2001 that took the road frontage that could have been used for the parcel in question. Ross Rogien made a motion seconded by Mary Jane Dean to deny the request from Richard Moore for his appeal to his land split that had been denied by Assessor Braford and Zoning Administrator Hoover per wording of the ordinance. Discussion:  1.Other municipalities have addressed the 10 acres. 2. Township Ordinance should be reviewed. 3. Call MTA attorney to get opinion if ordinance addresses 10 acres.  4. State Law Survey Dept told Alberta because we have the 4 to 1 ratio it supercedes what the State law says.  5. Should be more specific if you are superceding the State law.

Question was called:  Ross Rogien, yes. Mary Jane Dean, yes.  Kevin Klug, yes.  Paul Sprung, yes.  Julie Burke, yes. Harold Bishop, no. Paul Bixby, yes. Six yes votes. One no vote. None absent. MOTION CARRIED.

Julie Burke made a motion seconded by Paul Sprung to have the Planning Commission review the Township Land Division Ordinance especially in reference to the 10 acres.  All ayes.  None opposed.  MOTION CARRIED.

Assessor Contract discussion:  Alberta Braford has been the Township assessor since 2000.  She has gotten the files in excellent shape.  Julie stated that it should be put out for bid.  According to the Boards Purchase and Bid Policy the Board can decide by a roll call vote to waive the requirements of the policy.  Paul Bixby made a motion seconded by Mary Jane Dean to take a roll call vote to bypass the bid policy in reference to the assessor contract.  Roll call:  Paul Bixby, yes.  Mary Jane Dean, yes.  Paul Sprung, yes.  Kevin Klug, yes.  Ross Rogien, no.  Harold Bishop, no.  Julie Burke, no.  Four yes votes.  Three no votes.  None absent.  MOTION CARRIED.

Mary Jane Dean made a motion seconded by Paul Sprung to accept the contract with Future Enterprises for $3,175.90 for the next 3 yrs.  Discussion: 1. This is the same amount as 2008-09 fiscal year.  2. Records in good shape.  3. A contract of this magnitude should be put out for bid.  4. No longer being charged for tribunals cases. 5. Assessor will now have hours in the office December through March. Question called: Mary Jane Dean, yes.  Paul Sprung, yes.  Kevin Klug, yes.  Ross Rogien, no.  Harold Bishop, no. Julie Burke, no.  Paul Bixby, yes.  Four yes votes. Three no votes. None absent. MOTION CARRIED.

Meeting changes: there will be no 2^nd February meeting. The March 10^th meeting is changed to March 3^rd which will be the budget hearing.  March 24^th will be as scheduled which is the fiscal year end meeting.

Julie reported that the Zoning Board of Appeals held their meeting on February 3, 2009.  Ron Harner was appointed chairman, Mark Coulston vice chairman and Julie as secretary.  It was discussed and recommended that ZBA has a recording secretary. Julie

had asked Teri Jenks if she would be interested and she would.  Ross Rogien made a motion seconded Paul Sprung to allow the ZBA to retain a recording secretary for meetings with cases only for $40.00 per meeting.  All ayes.  None opposed.  MOTION CARRIED. 

The Fire Dept. had 29 calls of which 17 were in the township for a total cost of $4,265.00 for January.  There have been 7 structure fires so far this year.  Pipestone Township approved setting aside the excess of the year end of the budget to be put in a truck fund.

There was (1) burial since last meeting.  Four long time residents passed away within 1 week and this week another, Ed Radewald previous ZBA chairman, Roy Peachey, Viola Guthrie, Rod Shaffer and Lucille Walker. Julie Burke made a motion seconded by Kevin Klug to authorize Bob Albert to clean up brush in the cemeteries not to exceed $1,000.00.  All ayes. None opposed.  MOTION CARRIED.

Planning Commission is still working on updating the zoning ordinance.  Also they planning to revisit the PUD ordinance as some still have some problems with it.

Building Inspector Jim Hoover reported that he didn’t issue any building permits for January.  Electrical Inspector Ken Simpson had (2) electrical permits for a fee of $274.00 for January.

Jim and Supervisor Bixby have been working on a fee for extended building permits.  They propose that a fee of 1/3 of what a new permit would cost for a renewal.  This would have no limit to how many times the permit could be renewed.  Julie Burke made a motion seconded Ross Rogien that the extended building permit fee be half the cost of what was paid for original permit with a cap for the 1^st renewal of $50.00, the 2^nd renewal be half of originally paid with a cap not to exceed $100.00, 3^rd year renewal would go to the Building Board of Appeals at the discretion of the Building Inspector.  All ayes.  None opposed.  MOTION CARRIED.

Jim also reported that he had tagged a rental house that was unsafe.  A hearing officer has been appointed by the Supervisor a certified letter is being sent that specifies that February 20, 2009 was set for the hearing.      

The financial report shows income at $432,590.36 and expenses at $475,207.80 so far for this fiscal year.  Julie Burke made a motion seconded by Paul Bixby to amend the cost center for Community Services to $62,500.00.  All ayes.  None opposed.  MOTION CARRIED.  

Trustee Klug reported to the Board that he had been talking to Berrien Springs President Bill Dustin about Policeman’s Memorial Park and Fisherman Haven.  Grant money could be used for improvements.  In order to be able to apply for grants you must have a Recreation Master Plan adopted.  Berrien Township, Oronoko Charter Township and Berrien Springs Village adopted an Intergovernmental Agreement to save costs to make the 2003-07 Parks and Recreation Master Plan needs to be renewed every five years, the cost for this was $10,500.00.

2009-10 Budget review – There will be no increases in pay except a proposal for a meeting pay increase.  Planning Commission, Zoning Board of Appeals, Building Inspector, Fire Bd. Trustees, and Recording Secretary would increase to $40.00 per meeting ($30-35).  Supervisor, Treasurer and Clerk for special meetings only would also be $40.00.  Chairman for Planning Commission and ZBA would increase to $50.00 ($40)

Secretary for PC and ZBA would stay at $40 since they will have a recording secretary.  Board of Review will be increased from $40.00 to $70.00 per day. The new budget had anticipated revenue at $583,356.00 and expenses at $543,857.00. Since meetings pay is being increased does the Township fee schedule need to be adjusted.  Treasurer will check. 

Medic I Director Jack Fisher will be at the April meeting.

Kevin Klug made a motion seconded by Ross Rogien to adjourn the meeting at 10:10 p.m.   All ayes.  None opposed.  MOTION CARRIED.