PAW PAW TOWNSHIP BOARD REGULAR MEETING AND PUBLIC HEARING March 13, N. GREMPS STREET PAW PAW, MICHIGAN 49079

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1 PAW PAW TOWNSHIP BOARD REGULAR MEETING AND PUBLIC HEARING March 13, N. GREMPS STREET PAW PAW, MICHIGAN Supervisor Richardson called the meeting to order at 7:00 PM. Pledge of Allegiance. Board members present. David Richardson, Norman Rushing, Tania Sheeley-Myers and Richard Schallhorn, Donald Stull. Absent: None. Guests present. Charles Cubbage, and several others from Eagle Lake Association. Mary Colclough, Norma Diljak, Pat Winston, Laurel Sherburn, Kay Pyard, and local boy scout representatives. Public Hearing. Supervisor Richardson closed the Regular Meeting at 7:00PM and opened the Public Hearing Eagle Lake Special Assessment for Weed Control and asked for comments from the audience. Clerk Rushing read the following resolution for Eagle Lake Special Assessment; EAGLE LAKE WEED CONTROL RESOLUTION NUMBER 2 AT A REGULAR SESSION OF THE PAW PAW TOWNSHIP BOARD, HELD ON THE 13 th DAY OF March, 2014 AT THE TOWNSHIP HALL LOCATED AT 114 NORTH GREMPS STREET, PAW PAW, MICHIGAN WHEREAS, pursuant to PA 188 of 1954, being MCLA et seq., as amended, whereas a public hearing having been held and public comment taken on the proposed project for eradication or control of aquatic weeds and plants on Eagle Lake, and the Township Board finding said improvement for eradication or control of aquatic weeds and plants is a appropriate public improvement for said Lake. NOW THEREFORE, IT IS RESOLVED THE PAW PAW TOWNSHIP 1

2 BOARD make such improvement and establish a district against which the cost, including costs of engineering and all expenses incident to the proceeding for making and financing the improvement shall be deemed part of the cost, is to be assessed to be comprised of the owners of record of land benefitting from access to Eagle Lake, 1) The Supervisor having reported the total costs for the project shall not exceed $70,000.00, plus costs of publication, legal costs; plus an administration fee of 1% and interest and the project shall commence in 2014 and continue through 2019 and, 2) The plans and estimate of costs for the improvement shall be placed on file with the Township Clerk and shall be available for public examination. If periodic redeterminations of costs may be necessary without a change in the special assessment district, redetermination may be made without further notice to record owners or parties in interest providing that an additional hearing will be required if an actual incremental costs increase exceeds the estimated increase by 10% or more. 3) The Township Board shall hold a public hearing on the 13th day of March, 2014 at 7:00 p.m. to wherein the Township Board may hear comment on the project costs and the Board may revise, correct, amend or change plans, estimate of costs or the special assessment district. 4) The Township Clerk is directed to cause the publication of notice as required by law. EAGLE LAKE CONTROL RESOLUTION NUMBER 3 AT A REGULAR SESSION OF THE PAW PAW TOWNSHIP BOARD, HELD ON THE 13th DAY OF MARCH, 2014 AT THE TOWNSHIP HALL LOCATED AT 114 NORTH GREMPS STREET, PAW PAW, MICHIGAN WHEREAS, THE PAW PAW TOWNSHIP BOARD pursuant to PA. 188 of 1954, being MCLA et seq., as amended, has determined application of weed control treatment for EAGLE LAKE is a reasonable and necessary public improvement for eradication or control of aquatic weeds and plants and is an appropriate public improvement to said Lake; and, 2

3 WHEREAS, THE PAW PAW TOWNSHIP BOARD intends to make such improvement and the plans, estimates and costs of the special assessment district have been on file with the Paw Paw Township Clerk for inspection showing a cost of $70,000 plus, expenses, legal, 1 % administration fee, publication and initial billing costs; and, WHEREAS, THE PAW PAW TOWNSHIP SUPERVISOR and its Assessing Officer have made a special assessment roll in which shall be entered and described all the parcels of land, determined to be 291 parcels, to be assessed with the name of the respective owners thereof, if known, and a total to be assessed against each parcel of land in the Special Assessment District as the benefit of the parcel of land bears to the total benefit of all parcels benefited in said District is $62.08 per parcel per year for 5 years commencing 2014 through 2019 and, Now, Therefore, BE IT RESOLVED that: 1. The proposed engineering and services and costs therefore are deemed reasonable and necessary for the proposed improvement. 2. Said proposed Special Assessment roll has been filed and the same described all the parcels of land, determined to be 291 parcels, to be assessed with the name of the respective owners thereof, if known, and shows a total to be assessed against each parcel of land in the Special Assessment District as the benefit of the parcel of land bears to the total benefit of all parcels benefited in said District is $62.08 per parcel per year for 5 years commencing 2014 through Said Special Assessment District and roll shall be designated proposed Paw Paw Township, EAGLE LAKE WEED CONTROL, Special Assessment District and Roll No Said proposed Special Assessment Roll shall be on file in the office of the Township Clerk and the same shall be available for public examination. 5. The Township Board shall meet on APRIL 10, 2014 at 7:00 p.m. for the purpose of reviewing said special assessment roll and confirming the same and for the purpose of hearing any objections thereto. 6. The Township Clerk is directed to publish notice of said hearing for 2 consecutive weeks in the Courier-Leader, Van Buren County and cause said hearing to be mailed by first-class mail to all property owners of property BENEFITTING FROM ACCESS TO EAGLE LAKE, Paw Paw Township, Van Buren County, Michigan, Special Assessment District 833, as shown on the current assessment rolls of the Township at least 10 full days before the day of such hearing, in accordance with the provisions of Act 188 of the Public Acts of the State of Michigan That said notice shall be in substantially the following form: 3

4 N O T I C E O F H E A R I N G ON SPECIAL ASSESSMENT IMPROVEMENT BY PAW PAW TOWNSHIP BOARD TO THE OWNERS OF THE FOLLOWING DESCRIBED PROPERTY: BENEFITTING FROM ACCESS TO EAGLE LAKE: TAKE NOTICE a special assessment roll for EAGLE LAKE WEED CONTROL in the total sum of 70, plus fees and administration costs, and identified as proposed Paw Paw Township EAGLE LAKE WEED CONTROL Special Assessment Roll No. 833 has been prepared by the Supervisor and Assessor. Said proposed Roll is described as being comprised of all the parcels of land, determined to be 291 parcels, in the District and the same is to be assessed with the name of the respective owners thereof, if known. The total to be assessed against each parcel of land in the Special Assessment District as the benefit of the parcel of land bears to the total benefit of all parcels in said District is $62.08 per parcel per year, subject to modification in accordance to law, for 5 years commencing 2014 through 2019and the proposed roll is on file with the Township Clerk and is available for public examination. TAKE FURTHER NOTICE a meeting shall be held by the PAW PAW TOWNSHIP BOARD at the PAW PAW TOWNSHIP HALL, 114 N. GREMPS STREET, PAW PAW, MICHIGAN on April 10, 2014 at 7:00 p.m. to confirm the roll and lay the levy. TAKE FURTHER NOTICE appearance and protest at the hearing held to confirm the special assessment roll is required in order to appeal the amount of the special assessment to the Michigan Tax Tribunal. TAKE FURTHER NOTICE an owner, or party in interest, or his or her agent may appear in person at the hearing to protest the special assessment, or shall be permitted to file his or her appearance or protest by letter and his or her personal appearance shall not be required. The owner or any person having an interest in the real property who protests in person or in writing may file a written appeal of the special assessment with the Michigan Tax Tribunal within 30 days following confirmation of the Special Assessment Roll. PAW PAW TOWNSHIP HALL is barrier free. Persons requiring special accommodations due to disability may contact the Township Clerk 7 days prior to the hearing to make arrangements for accommodating their disability. AMERICAN FOR DISABILITIES ACT. 4

5 Supervisor Richardson closed the Public Hearing at 7:15 PM and reopened the Regular Meeting Public Comment. Dave Clark presented his charges per man hour. Approval of Minutes. Motion by Stull, seconded by Sheeley-Myers, to approve the minutes of the February 13, 2014 Regular Meeting and Public Hearing, as presented. Voice Vote: Yeas: (5), Nays: (0), Absent: (0). Motion carried. Additions/Deletions to Agenda. One (1) addition under Supervisor s and (1) addition under Clerk s. Approval of Agenda. Motion by Richardson, seconded by Schallhorn, to approve the Agenda, with additions. Voice Vote: Yeas: (5), Nays: (0), Absent: (0). Motion carried. SUPERVISOR S REPORT. Sheriff s Report. Deputy Sheriff Robert DeLoff presented the Board with the February 2014 activity report for Paw Paw Township. Trail. RESOLUTION IN SUPPORT OF THE CONCEPT OF A NON-MOTORIZED TRAIL, INCLUDING SNOWMOBILES UNDER CERTAIN CONDITIONS, FROM PAW PAW TO HARTFORD WHEREAS non-motorized transportation, including snowmobiles under certain conditions, is an important element for the health and quality of life for residents and an economic development tool for the communities of Van Buren County and Southwest Michigan as well as a popular recreational activity for visitors to enhance their overall travel experience; and WHEREAS the Connecting Michigan Statewide Trailways Vision and Action Plan recommends linking trailways together, gaining cooperation to encourage regional and statewide 5

6 collaboration, and to create a statewide trailways network that will provide transportation, leisure, recreation and community benefits and encourage residents active participation and support with trailway activities; and WHEREAS the Southwest Michigan Non-Motorized Transportation Plan: Connecting Communities: A Regional Vision for Non-Motorized Transportation in Southwest Michigan (2011) and the Van Buren County Community Park, Recreation, Open Space and Greenway Plan (2011) identifies the corridor between Hartford and Paw Paw as a priority project; and, WHEREAS, the Van Buren County Community Park, Recreation, Open Space and Greenway Plan (2011) lists land and water trail connections throughout the county as a high priority; and, WHEREAS developing a connected non-motorized system, to include snowmobiles under certain conditions, will take a collaborative effort of local, county, regional, State and Federal agencies; and, WHEREAS the rail line between Lawrence and Paw Paw is a crucial link in the overall nonmotorized (and snowmobiles under certain conditions) and green infrastructure network in southwest Michigan; and, WHEREAS, the West Michigan Railroad Co. has filed the necessary paperwork with the Surface Transportation Board to abandon approximately miles of rail line between Lawrence, Michigan (west of the line s crossing of 56 th Street) and Paw Paw, Michigan (east of Kalamazoo Street); and, WHEREAS, it is believed that eventually the remaining rail line between Lawrence and Hartford will eventually be abandoned by West Michigan Railroad Co.; and, WHEREAS, Paw Paw Township Board supports the concept of continuing to add non-motorized connections to places where people live, work and play and will participate in a partnership to develop, maintain and operate a non-motorized facility, to include snowmobiles under certain conditions. 6

7 NOW, THEREFORE, Paw Paw Township Board hereby endorses acquiring the West Michigan Railroad Co. rail line from Hartford to Paw Paw for public use as a non-motorized connection and supports the exploration of funding options for acquisition, development, maintenance and operation of this critical non-motorized corridor, to include snowmobiles under certain conditions. Motion made by: Richardson Seconded by: Stull AYES: David Richardson, Norman Rushing, Tania Sheeley-Myers and Richard Schallhorn, Donald Stull. NAYS: None RESOLUTION DECLARED ADOPTED THIS 13th DAY OF March Norman G. Rushing Paw Paw Township Clerk TREASURER S REPORT. Expenditure s. Motion by Sheeley-Myers, seconded by Schallhorn, to pay General Fund expenditures of $16, and Sewer Fund expenditures of $18, Roll Call: Yeas: Richardson, Rushing, Sheeley-Myers Stull and Schallhorn. Nays: None., Absent: None Motion carried. Checking Account. Treasurer Sheeley-Myers reported the Impress Checking Account balance at $145, CLERK S REPORT. Eagle Lake Weed Control. Motion by Rushing, seconded by Sheeley-Myers, to approve the Eagle Lake weed control resolution #2. Roll Call: Yeas: Schallhorn, Richardson, Rushing and Sheeley-Myers, Stull. Nays: None. Absent: None. Motion carried. Motion by Rushing, seconded by Sheeley-Myers, to approve the Eagle Lake weed control resolution #3. 7

8 Roll Call: Yeas: Richardson, Rushing, Schallhorn and Sheeley-Myers, Stull. Nays: None. Absent: None. Motion carried. Motion by Richardson, seconded by Schallhorn. Roll Call: Yeas: Sheeley-Myers, Schallhorn, Richardson, Rushing and Stull. Nays: None. Absent: None. Motion carried 8

9 Motion by Richardson, seconded by Schallhorn. Roll Call: Yeas: Stull, Sheeley-Myers, Schallhorn, Richardson, and Rushing. Nays: None. Absent: None. Motion carried PAW PAW TOWNSHIP, VAN BUREN COUNTY, MICHIGAN FIRE PROTECTION SPECIAL ASSESSMENT DISTRICT RENEWAL MILLAGE WHEREAS, Public Act 33 of 1931, being MCLA et seq. authorizes a township government to appropriate funds for providing fire protection services; and, 9

10 WHEREAS, said Act provides the costs thereof may be defrayed by special assessment on the lands and premises in the township; and, WHEREAS, The Act provides the question of raising money by special assessments may be submitted to the electors of the township at a general election or special election called for that purpose by the township board or township boards; and, WHEREAS, the Paw Paw Township Board has determined the creation of said special assessment district and continuing the levy of fund thereby will be in the best interests of the Township and its residents. NOW THEREFORE, the TOWNSHIP BOARD of the TOWNSHIP of PAW PAW, VAN BUREN COUNTY, MICHIGAN resolves to submit the following ballot proposition in the primary election to be held on AUGUST 5, Shall Paw Paw Township reestablish a special assessment district comprised of all real property situated within the boundaries of the Township and shall the limitation on the total amount of taxes which may be assessed on the taxable valuation of real property in the Township of Paw Paw, Van Buren County, Michigan be renewed by one (1.00 mil), being $1.00 on each $1, on the taxable value of said real property for a period of five (5) years commencing with the 2015 tax year for the purpose of appropriating funds for fire protection purposes pursuant to Public Act 33 of 1931, being MCLA et seq, It is estimated the revenue collected by the Township of Paw Paw as a result of this proposal will be $227, in the first year. This is a renewal of a previously authorized millage. Motion by Schallhorn, second by Stull. Ayes: Stull, Sheeley-Myers, Schallhorn, Richardson, and Rushing. Nays: None Resolution declared adopted this 13th day of March. Norman G. Rushing Paw Paw Township Clerk 10

11 I RECOMMEND THE FOLLOWING AMENDMENT TO THE 2013/2014 BUDGET TO THE BOARD; FIRE FUND (206): DEPARTMENT: 000 (FIRE) GL# APPROPRIATIONS: + $ 120, PROJECTED INVOICE: - $ 131, PROJECTED AMENDMENT: + $ 12, BALANCE: + $ SEWER FUND (590) Norman Rushing Township Clerk Motion by Richardson, second by Schallhorn. Ayes: Stull, Sheeley-Myers, Schallhorn, Richardson, and Rushing. Nays: None Resolution declared adopted this 13th day of March. TRUSTEE S REPORT. FIRE BOARD. Accepted the minutes of the February 4, 2014 Regular meetings of the Fire Board as presented. Adjournment. Meeting adjourned at 8:11 PM. Respectfully submitted Norman G. Rushing Township Clerk. 11