Board Work Session was held at 6:00 p.m. prior to the regular board meeting. Muskegon Charter Township Regular Board Meeting Minutes August 17, 2009

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1 Board Work Session was held at 6:00 p.m. prior to the regular board meeting. Muskegon Charter Township Regular Board Meeting Minutes A. CALL TO ORDER Supervisor Kieft called the meeting to order at 7:00 PM and lead the Pledge of Allegiance. Clerk Oakes offered the invocation. Present: Plummer, Hughes, Oakes, Kieft, Wood, Chaney, Absent: Joe Kemp, excused Also Present: Muskegon Charter Township Attorney Doug Hughes, Staff: Police Chief Schrumpf, Fire Chief Glotzbach, Assessor Good and 14 guests. This meeting was recorded and labeled the Regular Board Meeting. B. APPROVAL OF AGENDA Moved by Trustee Chaney and supported by Treasurer Wood to approve the agenda for the meeting with the following changes: New Business 9. Resolution Private Road Right of Way Resolution and addition of 10. Approval to Purchase a New Chassis at $67, for Department of Public Works. C. PUBLIC COMMENTS -Opened 7:02 PM: Arnie Morren, President of Nagel Construction Inc. presented each Board member with a folder containing six documents,#1-#6: (#1) Arnie Morren business card, (#2) letter from Packer Engineering Inc. dated January 3, 2008, (#3) Johnson & Anderson, Inc. Monthly Payment Estimate: FINAL dated 6/18/08, (#4) Copy of Check from Muskegon Charter Township dated 8/15/08, (#5) letter from Williams. Hughes & Cook, PLLC dated 9/15/08, (#6) letter from Nagel Construction Inc., dated March 9, The following information was given in support of Nagel Construction is due $20,000 Dollars from a contract Extended to: Nagel Construction, Inc for Muskegon Charter Township, Project: M. Twp. Mill Iron San. Sewer Dated 21-Jun-07 and All Work Completion date of 1-Jun-08. Mr. Morren asked the Board if they had any questions, there being none the Public Session was closed at 7:25 PM (documents attached ) D. CONSENT AGENDA 1. Regular Board Minutes August 3, Muskegon County Regional Water System Policy Board Agenda/Minutes August 11, Muskegon County Board of Public Works Agenda/Minutes August 13, Police Committee Meeting Minutes - August 13, Fire Committee Meeting Minutes - August 10, Department of Public Works Committee Meeting Minutes - August 11, Planning Commission Minutes July 27, Parks and Recreation Minutes July 1,,2009 an August 5, Department of Public Works Monthly Report July Fire Department Monthly Report July Police Department Monthly Report July 2009 Moved by Trustee Plummer and supported by Trustee Chaney to approve the Consent Agenda.

2 Page 2: Muskegon Charter Township Regular Board Meeting E. UNFINISHED BUSINESS NONE F. NEW BUSINESS 1. Weekly Check Runs and Total of all Checks $286, Moved by Trustee Chaney and supported by Treasurer Wood to approve the weekly and semi-weekly bills as presented from the appropriate accounts. 6 Yeas: Plummer, Hughes, Oakes, Wood, Chaney, Kieft 2. Approval to Purchase Software Upgrade for Police Department s Total Station CAD System The question was asked how long will it be until we get the grant? Chief Schrumpf responded that we did get fund approval but he will not spend the money until he receives the check. It was moved by Trustee Chaney and second by Trustee Plummer to approve the purchase of the software package that is only available through the vendor at a cost of $ plus $ for support that includes installation and training to be purchased upon receipt of the grant. (recommended by the Police Committee) 6 Yeas: Hughes, Oakes, Wood, Chaney, Plummer, Kieft 3. Approval to Purchase Personal Protective Equipment Trustee Chaney stated that Fire Chief Glotzbach has worked collaboratively with Norton Shores Fire Department to buy equipment at a better price for the Township. It was moved by Trustee Chaney and second by Trustee Plummer to purchase Blazefighter Structural Fire Fighting Gloves ($2,035.00) and Nomex Hoods ($592.00) from Paul Conway Shields and Structural Firefighting Helments ($5,760.45) from Apollo Fire Equipment. Total cost $8, (recommended by the Fire Committee) 6 Yeas: OaKes, Wood, Chaney, Plummer, Hughes, Kieft 0 - Nays Absent - Kemp 4. Approval of Chief Glotzbach to attend Firehouse Software Training Trustee Chaney explained to the Board that this is a great opportunity for the Chief to attend this training at a price within our reach. The cost will be limited to the conference fee ($695.00) air fare (approximately $300.00) and meals. It was moved by Trustee Chaney and seconded by Trustee Plummer that the Board approve Chief Glotzbach to attend the ACS Firehouse Software Training in Orlando, Florida from October 13-16, 2009 for a cost not to exceed $ (recommended by the Fire Committee) 6 Yeas: Wood, Chaney, Plummer, Hughes, Oakes, Kieft

3 Page 3: Muskegon Charter Township Regular Board Meeting 5. Approval to Hire Paid On Call Fire Fighter It was moved by Trustee Chaney and seconded by Treasurer Wood to hire Adam Morpeth as a Paid On Call Fire Fighter contingent upon passing a medical evaluation and physical agility test. 6 Yeas: Chaney, Plummer, Hughes, Oakes, Wood, Kieft Absent Kemp 6. Approval of Easement for Overhead Electric Lines at Softball World It was moved by Clerk Oakes and second by Trustee Hughes to approve the Easement for Overhead Electric Lines at Softball World. 7. Appointment of Alternate for the North Central Joint Planning Commission It was moved by Clerk Oakes and second by Trustee Chaney to appoint Chris McCollum as the alternate to Carole Carter on the Joint Planning Commission. 8. Approval Option for Oak Point Subdivision Connection Charges After a brief discussion on the three options and an explanation that the clause to be added protects the Township from the developers filing bankruptcy, foreclosure but it is not the Townships intent to just demand payment we want to work with Oak Point Subdvision. It was moved by Trustee Hughes and seconded by Trustee Plummer that the Oak Point Subdivision developers pre-pay the connection charges on eight (8) lots at $3,350.00/lot in exchange for the 5-year interest free extension. They will continue to pay the connection charges due for each lot when sold, and the last lots sold in the development will be the pre-paid lots. The funding for the option would come from their line of credit and from personal funds. A clause shall be added to the contract to include that the Muskegon Charter Township has the right to demand full payment (to be paid within 30 days or placed on the taxes) at anytime during this 5-year contract. 6 Yeas: Chaney, Plummer, Hughes, Oakes, Wood, Kieft 9. Resolution Private Roads Right of Way Resolution Supervisor Kieft read Resolution and it was moved by Treasurer Wood and seconded by Clerk Oakes that the Muskegon Charter Township supports the efforts of the owners of the private parcels on land located along the roads have the Muskegon County Road Commission accept the roads as public, or alternatively declare why the request should not be granted. 6 - Yeas: Plummer, Hughes, Oakes, Wood, Chaney, Kieft 0 Nay

4 Page 4: Muskegon Charter Township Regular Board Meeting 10. Approval to Purchase a New Chassis at $67, for the Department of Public Works (DPW) It was moved by Trustee Plummer and seconded by Trustee Chaney to waive Township purchasing policy and purchase a New Chassis at $67, for the Department of Public Works. This came as a recommendation for the DPW Committee. 6 Yeas: Hughes, Oakes, Wood, Chaney, Plummer, Kieft G. PUBLIC COMMENTS : Opened at 7:45 PM Robert Serritos 1113 Graham spoke on behalf of all the residents of Graham Street and the business Top Shelf Pizza. He presented to the Township Clerk (1) the letter after it was read and referenced a document (LIEB 92 page 417 Release of Right of Way) presented to each Township Board member in the Work Session. These residents believe the intent of Graham Street was to be a County Road. (documents attached) Responses: Supervisor: I am trying to get a map from Trustee Plummer: I wasn t at the informational meeting but we need to do something for our residents. Clerk Oakes: We want to do what the law says about Private/Public Roads and spending Public dollars. The previous Board didn t address this. We need additional time to research the information. I see residents of all ages, some with physical challenges, single moms, etc. We are finding new information daily. The Clerk s office needs time to find the information. Not all the information is on paper, some of it is inside of people. We need time for our Attorney to look at the information. The winter is coming I don t want our residents to have this pressure on there minds. I ask this Board to delay the implementation of this until a later date. Maintain the services (plowing, brining and grading) as usual for this year. Trustee Chaney: We have no intention to break the law. We have a Resolution to take to the Muskegon County Road Commission. Let s do this step and see what they will do. Then we need to see what legally we can do after that. Trustee Hughes: We need to write a resolution addressing this situation of Private Roads for this winter. Trustee Plummer: What we do for one road we need to do for them all. Resident Paul Hickman 1102 Graham: How do they declare a road to be private? Resident: I ve lived here 55 years. How did they come about all of a sudden that we are a private road? Resident Paul Hickman: Who determines this? Treasurer Wood: See Public Act 51 of 1951 Sections 1,2.3. Public Session was closed at 7:54 pm. H. ANNOUNCMENT: Attorney Hughes stated that he had talked with Nagel Construction s attorney today. The Judge will make a decision concerning the $20, at a hearing set for September 8, L. ADJOURNMENT: It was moved by Treasurer Wood and second by Trustee Chaney to adjourn at 7:55 pm. Approved David A. Kieft, Supervisor Recorded by Ann D. Oakes, Clerk

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