PAW PAW TOWNSHIP BOARD REGULAR MEETING AND PUBLIC HEARING April 10, N. GREMPS STREET PAW PAW, MICHIGAN 49079

Transcription

1 PAW PAW TOWNSHIP BOARD REGULAR MEETING AND PUBLIC HEARING April 10, 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, Richard Schallhorn, Donald Stull, Absent: Norman Rushing and Tania Sheeley-Myers. Guests present. Charles Cubbage, Russel Reichert, Ruth Wilkinson, Sarah Bedau, Richard Barnes. Supervisor Richardson closed the Regular Meeting at 7:01PM and opened the Public Hearing for Eagle Lake Special Assessment for Weed Control Resolution Confirming Roll and Laying Levy. Supervisor Richardson read the following resolution for Eagle Lake Special Assessment; EAGLE LAKE WEED CONTROL RESOLUTION CONFIRMING ROLL AND LAYING LEVY WHEREAS, the Township Board of Paw Paw Township, Van Buren County, Michigan after due and legal notice has conducted a public hearing upon a proposed assessment roll prepared by the Supervisor and Assessing Officer of the Township for the purpose of defraying the costs of weed control for Eagle Lake within the Special Assessment District Number 833 as shown on the plans and specification for said project; and, WHEREAS, such public hearing was preceded by proper notice in the Courier Leader a newspaper of general circulation in the Township and First Class Mail notice to each property owner of record within said district and upon said assessment district; and, 1

2 WHEREAS, comments were received from those present at such public hearing concerning said assessment roll and opportunity to all present to be heard in the matter; and, WHEREAS, the Township Board has duly inspected the proposed assessment roll and considered all comments and has found the proposed assessment roll to be correct, just and reasonable. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The Assessment Roll submitted by the Supervisor and Assessing Officer of the Township shall be designated as Special Assessment Roll Number 833 and shall be confirmed as the assessment roll for the Eagle Lake Weed Control Special Assessment District Number Said Special Assessment Roll in the total sum of $70, plus, expenses, legal, 1% administration fee, publication and initial billing costs and said Special Assessment Roll is described as all parcels of land, determined the be 160 full and 131 half 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 whole parcel per year for 5 years commencing 2014 through All unpaid installments prior to the transfer of the tax roll shall bear interest as provided by Public Act 188 of 1954 payable annually on each installment due at the rate of 5% percent per annum commencing on the first installment due date hereinbefore set forth. Any payment made before such first installment shall not bear any such interest. 3. Future installments of an assessment against a parcel may be paid to the Township Treasurer any time in full with interest accrued through the month in which the final installment is paid in accordance with Public Act 188 of 1954 as amended. If any installment of a Special Assessment is not paid when due, then the installment shall be considered to be delinquent and there shall be collected, in addition to the interest provided by this section, a penalty rate of 1% for each month, or fraction of a month, that the installment remains unpaid before being reported to the Township Board for reassessment upon the Township Tax Roll, also in accordance with Public Act 188 of The assessment made in said special assessment roll are hereby ordered and directed to be collected by the Township Treasurer, and the Township Clerk shall deliver said special assessment roll to said Treasurer with his warrant attached, commanding the Treasurer to collect such assessment in accordance with the direction of the Township Board and said Public Act 188 of

3 Supervisor Richardson opened for any public comment. Public comments heard. Supervisor Richardson closed the Public Hearing at 7:22 PM and reopened the Regular Meeting. Public Comments. Charles Cubbage of the Eagle Lake Association presented to the board a request with petition signatures for special assessment to Eagle Lake Drive snow plowing and maintenance. Charles Cubbage to deliver to the board estimated costs. Approval of Minutes. Motion made by Schallhorn, seconded by Stull, to approve the minutes of the March 13, 2014 Regular Meeting and Public Hearing, as presented. Voice Vote: Yeas: (3), Nays: (0), Absent: (2). Motion carried. Additions/Deletions to Agenda. One (1) deletion under Supervisors and (3) additions under Supervisors Motion by Schallhorn and seconded by Richardson to accept additions and deletion to agenda Yeas: (3) Nays: (0), Absent: (2). Motion carried. Approval of Agenda. Agenda approval by Voice Vote: Yeas: (3), Nays: (0), Absent: (2) SUPERVISOR S REPORT. Sheriff s Report. Deputy Sheriff Robert DeLoff presented the Board with the March 2014 activity report for Paw Paw Township. Motion made by Schallhorn, seconded by Stull to approve the Eagle Lake Weed Control Resolution Confirming Roll and Laying Levy. Voice Vote: Yeas: (3) Nays: (0) Absent (2) Motion carried. Agreement for Assessor Of Record Paw Paw Township required action from the board. Motion made by Richardson seconded by Stull to approve the Assessor Agreement. Yeas: (3) Nays: (0) Absent (2). Motion carried. Qualified Voter File (QVF) Oracle/Equipment Upgrade Project required action from the board. Motion by Schallhorn and seconded by Stull to proceed with the information to upgrade the Qualified Voter File. Yeas: (3) Nays (0) Absent (2). Motion carried. Supervisor presented to the board the appointment of Rinaldo Cicchini as new member of 3

4 the Zoning Board Of Appeals and changing Thomas Palenick from alternate to regular member of the Zoning Board Of Appeals. Motion made by Schallhorn and seconded by Richardson to approve the appointments. Voice Vote Yeas:(3) Nays( 0) Absent:(2) Motion Carried. PAW PAW TOWNSHIP VAN BUREN COUNTY, MICHIGAN ORDINANCE NO: 248 AMENDMENT TO REGULATE THE INSTALLATION, USE AND OPERATION OF WOOD-FIERD BOILERS IN THE TOWNSHIP THE PAW PAW TOWNSHIP BOARD ORDAINS: Section 1. Purpose. The Township of Paw Paw hereby (the Township ) adopts the following revisions to the Township s Zoning Ordinance for the health, safety and welfare of the Township residents. (a) Section of the Zoning Ordinance is hereby amended to add the following relative to Wood Fired Outdoor Boilers which shall appear in Section (AA), being (AA) 1. Permitted Use. Outdoor wood-fired boilers are permitted in Paw Paw Township and shall be installed and used only in accordance with manufacturer s instructions, state law, and the following provisions. 2. Definitions. For purposes of this Section, the terms set forth below have the following meanings: a. Outdoor Wood-fired Boiler. A wood-fired, pellet-fired, corn fired or other fired boiler stove or boiler that is not located in a building intended for habitation by humans or domestic animals. b. Chimney Height. The distance from the average grade of the boiler to the highest point of the chimney stack. c. Nuisance. A nuisance shall be considered when the use of an outdoor wood-fired boiler is detrimental to public health, safety or welfare upon the determination that the burning has created or caused to emanate therefrom any dust, dirt, smell, or foreign substances, or smoke in an amount and of such nature, or both, as to duly disturb, annoy, or harm persons of ordinary sensibilities, thereby destroying their 4

5 full, quiet, and peaceful occupancy and enjoyment of the homes and premises accessory thereto. 3. Permitted Districts. Except within platted subdivisions or site condominiums, an outdoor wood-fired boiler may be installed in all districts, when associated with a residential land use. Outdoor wood-fired boilers shall not be installed on properties of less than two (2) acres. 4. Burnable Materials. The outdoor wood-fired boiler shall not be used to burn any fuel other than fuels approved by the manufacturer. The burning of any other materials is specifically prohibited. 5. Required Setbacks. The outdoor wood-fired boiler shall not be installed in a location within one hundred (100) feet of any residential building not served by said boiler. The outdoor wood-fired boiler shall be located in the rear yard of the property and at least fifty (50) feet from all property lines. The Building Official may modify the setbacks on a case-by-case basis, if necessary, to comply with the manufacturer s recommendations or if the same would not create a nuisance for neighbors. 6. Required Permits. The owner of the outdoor wood-fire boiler shall obtain a permit from the Building Department. All outdoor wood-fired boilers installed after the passage of this section shall conform to all applicable codes, ordinances and manufacturer s requirements. 7. Suspension or Termination of Permit. The Township has the right to suspend or terminate the permit of any outdoor wood-fired boiler at any time upon the determination that the operation of said boiler constitutes a nuisance. 8. Continuance in Code. This Section shall be continued in Code at Section (AA), et seq. 9. Severability. Should any section, clause or provision of this Ordinance be declared by the courts to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than specifically addressed by the courts. 10. EFFECTIVE DATE: This Ordinance shall take effect 30 days following publication of its adoption. Motion made by Stull and seconded by Schallhorn to approve the amendment to regulate the installation, use and operation of wood-fired boilers in the township. AYES: David Richardson, Donald Stull, Richard Schallhorn Nays: (0) Absent (2). Kalamazoo Area Transportation Study with a Charge of $ required action from the board. Motion made by Richardson and seconded by Stull to proceed Yeas: (3) Nays: (0) Absent (2) motion carried. Supervisor read from Norman G. Rushing, Paw Paw Township Clerk, Due to health issues beyond my control I find it necessary to submit my resignation. This resignation is effective at 4:00 PM on April 30, Motion made by Richardson to accept Rushing s resignation with regrets and Seconded by Schallhorn with regrets. Yeas: (3) Nays: (0) Absent: (2) Motion carried. 5

6 TREASURER S REPORT. Expenditure s. Deputy Treasurer Angela Hazzard read general fund expenditures of $16, and Sewer fund expenditures of $14, Motion by Richardson, seconded by Stull, to pay General Fund expenditures of 16, and Sewer Fund expenditures of $14, Roll Call: Yeas: Richardson, Stull and Schallhorn. Nays: None, Absent: Rushing and Sheeley-Myers. Motion carried. Checking Account. Deputy Treasurer Hazard reported the Impress Checking Account balance at $ CLERK S REPORT. None. TRUSTEE S REPORT. Stull reported the planning commission met and had a good training session covering several key points. The township attorney was present. Request was made by Stull for updated Planning manuals for all members. FIRE BOARD Accepted the minutes of the March 4, 2014, Regular meetings of the Fire Board as presented. Adjournment. Meeting adjourned at 7:56 PM. Respectfully submitted Linda L. Jordan Township Deputy Clerk. 6