Minutes of the Baroda Township Board Meeting

November 17, 2008

The regular meeting of the Baroda Township Board was called to order at 7:30 p.m. by Supervisor Jim Brow in the meeting room of the Baroda Township Municipal Building. Those present: Susan Newcomer, Jim Brow, David Wolf, Wendie Shafer and Jerry Nitz along with two residents and two visitors.

Brian Berndt from the Berrien County Road Commission spoke concerning the Berrien County Road Commission request for the Township to share in the costs of replacing the first bridge east of Cleveland Ave. on Snow Road. He explained that the County’s revenues have decreased while their costs have increased. He explained that normally the Road Commission pays the full cost of repairs to primary roads, while the Townships and Villages share the cost for repairs to local roads. He explained that the cost to replace the Snow Road bridge had come to about $45,000. Jerry Nitz moved, seconded by Dave Wolf to contribute $10,000 of Baroda Township funds to help defray costs of the bridge construction. Roll Call Vote – Jerry Nitz – yes, David Wolf – Yes, Susan Newcomer – Yes, Jim Brow – yes, Wendie Shafer – yes. Motion Carried. It was mentioned that the annual meeting with the Berrien County Road Commission is to take place on November 26, 2008 at 10 am.

Jamie Harmon from Wightman and Associates gave a report on the progress made toward the development of a Five-year Parks and Recreation Plan. She showed, on maps, current and proposed actions suggested by the Baroda Township Parks and Recreation Committee. The proposed changes include installing a new playground with equipment mulch, and barrier; a walking/bike path around the perimeter of the park; expansion of the soccer field; a second pavilion with restrooms; another entrance to the park on the west side with parking and a driveway continuing around the park and connecting to the existing parking; and a fishing pier which would be accessible from an expansion of the nature trail. She said that the first draft could be ready as early as the December meeting and a draft would be made available to the public for one month of public comment, after which a public hearing would be held.

DEPARTMENT REPORTS - Police Chief Gary Ruhl provided hand outs showing the police activity and reported that John Hopkins has confiscated about $37,000 to the Department in Drug seizures since he was hired as a full time officer. Gary distributed a hand out showing instances where Police Department had solved several crimes in Baroda and Lake Township within the last month.

There was no Fire Department report.

TREASURER’S REPORT

General Fund – 139,127.58 Fire Maintenance Fund – 52,127.72

Trust and Agency Fund 268.29 Baroda-Lake Police Fund – 83,429.81

Fire Equipment Fund – 35,712.86 Water Fund – 33,684.24

Baroda Police Fund – 96,172.18 Rubbish Fund – 38,811.85

Baroda-Lake Drug Forfeiture Fund – 5,843.17

Susan Newcomer gave a report on the township investments and savings accounts.

CLERK’S REPORT - Wendie Shafer presented the budget report. She recommended amending the budget at the line item for Garbage removal Wages be increased from $500 to $1500; and the line item for Park Equipment rental be increased from $1920 to $3,000. Susan Newcomer moved, seconded by Jerry Nitz to amend the Township budget as recommended. Vote – All Yes. Motion carried. Wendie reported on the November 4 election stating that 1506 persons had voted comprising a 66.7% voter turnout. She reported that in spite of the record turnout, the election had gone smoothly and that Township candidates running for office had won their races.

PLANNING COMMISSION REPORT - Wendie Shafer reported that the Planning Commission reviewed proposed changes to the Zoning Ordinance made in compliance with the new Zoning and Planning Enabling acts and noted that the Planning Commission had made some other changes besides. She reported that the Planning Commission members had discussed the issue of the Planning Commission vs. the Township Board having final say on the granting/denial of Special Land use Permits without having come to any consensus. Discussion ensued as to whether the Planning Commission should retain the authority to grant/deny Special Land Use Permits. The Township Board agreed that the elected officials should have the responsibility of granting/denying Special Land Use Permits.

Wendie reported that the Planning Commission had received quotes for work on the Master Plan Process from two companies. Langworthy Strader LeBlanc’s quote was $13.946.00 plus reimbursables which include mileage, meals, printing, phone and other “out-of-pocket expenses. An additional workshop would cost $1,600. More information about the additional expenses has been requested. Williams and Works’ quote for the whole process which includes administering the Opinion survey, copies etc. was $25,485. No action was taken pending receiving more information from Langworthy Strader Leblanc.

LIBRARY REPORT Dana Riley reported via telephone and relayed by Wendie that the Lincoln Township Library plans their annual Santa event for children on December 4 from 10:30 – 11:30 and 1pm – 2pm; and their adult bag lunch and a movie (Cramer vs. Cramer) is to be held on December 10, 2008.

AUDIENCE COMMENT - Tom Giudice reported that he received approval from the FCC to become a telecommunications provider. He has applied for Federal Grants to bring Cable, high speed internet into all of Baroda Township. He hopes to hear within a few months whether his grant has been approved at which time he hopes to procure a building in Baroda to be able to distribute his cable service.

OLD BUSINESS - Jim Brow reported that Judge Donahue had reversed the original ruling on the Durwood D’Agostino, Singer Lake issue, and that Mr. D’Agostino has made an appeal to the State Court of appeals.

Jim reported that he has contacted Catherine Kaufman from Troff Petzke & Ammeson, who has begun work on making a legal complaint against Ron Ellsworth as a means to get him to clean up his junk yard.

Wendie reported that she had met with the new Zoning Administrator, Jim Pheifer and Dan Nitz concerning Nitz Excavating business Wednesday, November 12, 2008. Since the raw materials stored on the property are used primarily for the farming operation on the site, it was felt that there was no illegality with their storage on the premises. Mr. Pheifer recommended that Dan Nitz find a commercial site at which to park the equipment owned by Nitz Excavating so that the only farm owned vehicles are stored on the farm. Dan Nitz asked for two months to make adequate arrangements.

Jim reported that he has requested and sent a Township check for $350 for a Michigan Townships Association legal service legal opinion.

NEW BUSINESS – Jim Brow presented a quote of $14,995 from HFS for a new Grasshopper Lawnmower. The Grounds keeping staff has tried the machine and likes the rear discharge feature. Susan Newcomer moved, seconded by Jim Brow to make a $500 down payment before December 15, 2008 on a model 930D Grasshopper mower with a 60” deck and rear discharge feature. Vote – All Yes. Motion Carried

Jim Brow reported that Mark Schutze has resigned from the Board of Review due to a change in employment. Jim recommended Jim Shafer as a replacement. Jerry Nitz said he would like to consider taking the position since he will no longer be on the Township Board. Jim said he would not take action until he heard form Jerry on the matter.

CONSENT AGENDA- Copies of the minutes of October 20, 2008 Baroda Township Board meeting, November 10, 2008 Planning Commission; and Baroda Township Bills for the month were distributed. After discussion, Jerry Nitz moved, seconded by Susan Newcomer, to approve the minutes of the last Board meeting, the Treasurers' Report and the Township Bills. Vote – All Yes. Motion Carried.

SUPERVISOR’S COMMENTS – Jim Brow spoke about the work that the Park and Recreation Committee has done on helping Wightman and Associates create a 5 –year Park and Recreation plan for the Township. Amy Hemphill came to the table and presented several options for playgrounds ranging from $35,000 to $90,000. Much discussion ensued. Jerry Nitz moved, seconded by Dave Wolf to spend up to $60,000 for a playground which includes equipment, mulch and installation. Vote – Jerry Nitz – Yes, David Wolf – Yes, Susan Newcomer – No, Jim Brow – No, Wendie Shafer – Yes. Motion Carried.

ADJOURNMENT - The meeting was adjourned by Supervisor, Jim Brow at 10:12 p.m.

The next regular meeting of the Baroda Township Board is Monday, December 15, 2008 in the Baroda Township Municipal Building meeting room at 7:30 p.m

Respectfully Submitted,

Wendie Shafer, Baroda Township Clerk