Minutes of the Baroda Township Board Meeting

March 16, 2009

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 Amy Hemphill along with seven audience members.

PUBLIC HEARING – Supervisor James Brow opened the public hearing for the public comment on an application to the Natural Resources Trust Fund for a grant to improve the Baroda Township Park at Hess Lake, and to approve the proposed Baroda Township Budget for 2009-2010. Jamie Harmon explained that the Grant if approved would fund up to 75% of the project costing about 360,000. The Township’s matching 25% would be about $90,000. There was no public comment concerning the Park Grant Application. There were some corrections to the budget report as presented. Jim Brow Closed the Public Hearing.

Jim Brow Opened the regular meeting.

PARK COMMITTEE REPORT - Amy Hemphill reported that with the weather improving, the new park equipment should soon be installed. A resolution to approve the Grant application to the Natural Resources Trust Fund was offered by David Wolf, and seconded by Amy Hemphill.

Roll Call Vote – YES – Amy Hemphill, David Wolf, Susan Newcomer, Jim Brow, and Wendie Shafer. NO – none. Resolution 09-5

POLICE DEPARTMENT REPORT - Police Chief Gary Ruhl reported on the proposed Baroda-Lake Police and Drug Fund budgets that have been adopted by the Police Board. He provided a hand out describing how Officer Martin had solved a series of break-in cases in Baroda and the surrounding area. He reported that the Police Department had arrested 11 under-aged persons at a party who had been consuming alcohol. Chief Ruhl reported that a request for public donations has gone out to collect funds for the purchase and upkeep of a drug detection dog for officer, John Hopkins. He said that the cost to purchase the dog would be approximately $12,000, and that it would cost approximately $15,000 to cover all the costs associated with the purchase. He said that several persons have already agreed to support the project.

FIRE DEPARTMENT REPORT – Richard Herrman reported that the Fire Department reported that the Fire Department had one grass fire call for the past month. He said that the Fire Department is doing training in the next few weeks, and will soon schedule physicals for the firemen.

LIBRARY REPORT – Dina Riley from the Lincoln Township Public Library reported that the Library has a new web site address. The new website has been posted as a link on the Baroda Township Website. She reported that 1100 library cards are held by Baroda Residents (about 1/3 of Baroda’s residents)

TREASURER’S REPORT

General Fund – 35,385.00 Fire Maintenance Fund – 31,310.00

Trust and Agency Fund - 409.00 Water Fund – 35,362.0

Fire Equipment Fund – 35,702.00 Rubbish Fund – 30,470.00

Baroda Police Fund – 54,037.00 Baroda-Lake Police Fund – 57,031.00

Baroda-Lake Drug Forfeiture Fund – 2,840.00

CLERK’S and - PLANNING COMMISSION REPORT – Wendie Shafer reported that the Planning Commission had met with Brian Wegener from Williams and Works to make a list of issues to be addressed in updating the Baroda Township Master Plan. She said some items listed by the Planning Commissioners were: keep rural atmosphere, how can we attract businesses, particularly small specialty shops, agricultural tourism – a possible overlay district, possibly installing water/sewer as a means to guide development. She reported that the Planning Commission is recommending two additional changes to the Zoning Ordinance to be added to the changes presented last month in compliance with the new Zoning and Planning Enabling Acts. The proposed changes are to delete the language pertaining to width and length in the definitions Recreational Vehicles and Travel Trailer contained in Article II, and to add a new Section to the Ordinance Called Temporary Uses – adding a permitted use of installing anemometer towers in all Zoning districts for a period not to exceed 13 months for the purpose of studying wind speed, turbulence in determining the potential for wind energy installations. The data collected is to be reported to the Township Board.

OLD BUSINESS - David Wolf moved seconded by Susan Newcomer to retain Peter Wendling, from Young, Graham, and Elsenheimer law firm upon receiving their proposal for approximately $3,000 to produce an ordinance to fund Rubbish pick-up within Baroda Township. Vote – All Yes. Motion Carried. The Board had discussed creating a special assessment district for this purpose, but after researching the issue, Dave feels the same result can be accomplished by adopting a Rubbish Ordinance. The necessity of addressing charging for recycling bags was discussed but no decision was made.

Jim Brow said that since the Village of Baroda has dropped out of contributing funding to the Police Department, a tentative agreement has been made whereby Lake Township is to contribute 53% and Baroda Township is to contribute 47% to the Baroda – Lake Police operating fund.

Wendie Shafer presented Zoning Ordinance amendments to be approved as stated above. David Wolf moved, seconded by Susan Newcomer to approve a resolution to amend the Baroda Township Zoning Ordinance as described above. Voting YES – Amy Hemphill, David Wolf, Susan Newcomer, Jim Brow, and Wendie Shafer. Voting NO – none. Resolution Adopted. Resolution 09-6

David Wolf reported on the proposals returned by insurance brokers. He stated that he needs more time to consider the proposals, and suggested the Board hold a special meeting to discuss the proposals. The Board set a special meeting for Monday March 23, 2009 at 7:00 p.m.

NEW BUSINESS – Ronald Ellsworth addressed the Township Board concerning his “Farm Implement Business” He spoke at length about how the situation occurred and how long it may take to alleviate the problem. He mentioned that he had recently been hospitalized with heart problems. He presented a written proposal with a two year time-frame for clearing his property of farm implements and other equipment stored on his property. He suggested that he could have the first row of equipment organized by June 1, 2009. He plans to spend the summer organizing the entire property in preparation for an auction to be held in the fall sometime between October and December of 2009. Kim Fowler said this was very similar to the original agreement he and Mr. Ellsworth had discussed about six months ago. Wendie Shafer suggested that Mr. Ellsworth give the Board a schedule of goals to be accomplished so that the Township Board can be assured through reports by Mr. Fowler that measurable progress is being made. David Wolf asked Mr. Ellsworth several questions regarding his future plans for the property. Mr. Ellsworth said that if we can come to an agreement he will agree not to add any more equipment to his business inventory. He plans to retire in two years. Dave Wolf moved, seconded by Susan Newcomer to agree that Mr. Ellsworth may have until the December 2009 Board meeting to organizing his property, have his auction and report to the Township Board at the December Board meeting. Whether there will be a need for the Township Board to initiate court proceedings in the matter will be determined at the December 2009 Board meeting. Vote – All yes. Motion Carried.

After discussion and corrections to the Baroda Township General Appropriations Act and 2009-2010 Budget, Susan Newcomer moved, seconded by David Wolf to adopt the 2009-2010 General Appropriations act and Budget. Voting YES – Amy Hemphill, Jim Brow, David Wolf, Wendie Shafer, and Susan Newcomer. Voting NO – none. Resolution 09-7

Wendie Shafer presented resolutions to establish the salary for each of the offices of the Baroda Township Board.

Supervisor – remains at $23,800 annually. Roll Call Vote – All Yes. Resolution 09-8

Clerk – remains at $25,350 annually. Roll Call Vote – All Yes. Resolution 09-9

Treasurer – remains at $18,000 annually. Roll Call Vote – All Yes. Resolution 09-10

Trustees – remains at $3,250 plus $40 per meeting. Roll Call Vote – All Yes. Resolution 09-11

Jim Brow announced that the Baroda Township Board had decided during the budgeting process to decrease the tax levy rate collected for the Baroda Township Fire Maintenance Fund from 1.4718 mils to .75 mil, and to decrease the tax levy rate collected for the Baroda Township Fire Equipment Fund from .9858 mil to .25 mil.

CONSENT AGENDA- Copies of the minutes of February 16, 2009 Baroda Township Board meeting, March 9, 2009 Planning Commission; and Baroda Township Bills for the month were distributed. After discussion, Amy Hemphill moved, seconded by David Wolf, 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 reported he had attended a meeting with the attorney from Western insurance and members of the Baroda-Lake Police Department regarding a suit brought by a man whom the police had arrested alleging undue roughness by the officer. He said that it is clear that the officer followed procedure, which was recorded on the police vehicle camera. He said that the Insurance Company will fight the case rather than settle out of court.

Jim mentioned that he had conferred with Ben Schwartz regarding changes that would need to be made to the Township Zoning Ordinance in order to allow for site-condominiums in the Agricultural district. A request for study and Zoning Ordinance change would need to be sent to the Planning Commission.

Jim reported that 41 residents had appeared before the Baroda Township Board of Review. 80% of them requested a lowering of their assessed property values. Many of the requests were approved.

ADJOURNMENT - The meeting was adjourned by Supervisor, Jim Brow at 9:18 p.m.

The next meeting of the Township Board is a special meeting regarding insurance brokers scheduled for Monday, March 23, 2009 at 7:00 p.m. The next regular meeting of the Baroda Township Board is Monday, April 20, 2009 in the Baroda Township Municipal Building meeting room at 7:30 p.m.

Wendie Shafer, Baroda Township Clerk