September 16, 2002

With amendment in italics

The regular meeting of the Vergennes Township Board was called to order by Tim Wittenbach at 7:00 p.m. in the Vergennes Township Hall

Members Present: Tim Wittenbach - Supervisor

Mari Stone - Clerk

Jean Hoffman - Treasurer

Al Baird - Trustee

Vern Nauta - Trustee

The minutes of the August 19, 2002 regular meeting were approved as written. Motion by Nauta, seconded by Stone, to approve the Agenda for September 16, 2002 regular meeting, as amended, was approved. Nauta, seconded by Hoffman, made a motion to approve bills as read. Motion approved.

Unfinished Business:

1. Fee Schedule Update. Motion by Nauta, seconded by Stone, to adopt Fee Schedule as written. Motion carried.

New Business:

1. Approval of 2002 Millage Rate. Motion by Baird, seconded by Hoffman to approve 2002 Township millage rate of .09040, and 2002 Gypsy Moth Suppression Program millage rate of .1512% (decreased from .1712% in 2001). Motion approved.

2. Equine Medical Properties Unclassified Special Use Application (Industrial Section). Safety issues regarding loading and unloading of animals were sufficiently addressed. Planning Commission recommendations: solid fence required east 225’/north 15’ of line just short of parking area; 185’ east of north line can be split rail; downcast type lighting required. Motion by Nauta, seconded by Baird, to grant unclassified special use application in industrial park to Equine Medical Properties. Motion approved.

Discussion regarding site plan and Kilpatrick’s concerns. Do not permit off premise sign; use common sign at entrance. At present site plan shows an access easement-additional access, Equine Medical be aware of upgrade cost to a private road or shared drive. Recessed open dumpster pad discussion. Dumpster to be emptied regularly off-site. Motion by Nauta, seconded by Hoffman, to approve site plan for Equine Medical Properties with stipulations of Planning Commission including common sign. Motion carried.

3. Whistle Stop Storage Special Use Application. Motion by Nauta, seconded by Stone to approve Whistle Stop Storage Special Use Permit with the stipulation that contract be present at Township Hall for inclusion in file.

Discussion of site plan. Planning Commission recommendation to accept as presented. Kilpatrick’s letter listing concerns dated 9/16/02 be revised to note that all concerns have been met. Kilpatrick strongly recommended that existing buildings be noted as future phase/expansion limited to storage use with recorded easement access from east. Motion by Nauta, seconded by Hoffman, to accept site plan as presented with the following amendments/additions:

- Denote existing buildings as future phase/expansion limited to storage use only; refer to aerial photograph for driveways and easements;

- Barrier free parking sign on building next to door;

- Lighted sign of downcast style; and

- Perimeter/building lighting which complies with Township ordinance (i.e. shields, hoods or louvers; glare within boundary of site).

Motion approved unanimously.

4. Zoning Administrator Requests.

A. Suggested Zoning Ordinance Amendments.

Residential Lake District. Zoning Ordinance requires public sewer hook-up on 10,000 square foot lot. Four to five lots on west side of Murray Lake – no sewer line. Lot area and setbacks equivalent to RA or R1 District? Referred to Planning Commission for clarification.

Industrial District - Multi-tenants in one building. Ordinance allows one use on one lot. Sign Ordinance makes note of multi-tenants. Kilpatrick recommends allowing multi-tenant buildings. Motion by Stone, seconded by Hoffman, to send first draft of changes to Planning Commission for recommendation. Motion approved.

B. Flat River Vegetation Cutting – Possible Civil Infractions.

14201 Thompson Drive. 25’ natural vegetation strip/200’ long along the Flat River with approximately 90% of vegetation removed. Zoning administrator met with resident in spring – replanting plan requested by state. After repeated correspondence, no replanting or attempt at restitution of issue by resident. Motion by Nauta, second by Hoffman, to issue civil infraction after one final attempt to attain compliance. Motion approved.

Kent County Property. Burroughs Bridge to Flat River Bridge south of River Bluff development-cul-de-sac lots. Zoning Administrator and Supervisor walked property this summer. Motion by Nauta, seconded by Stone, to review situation of 187 Foley’s Grade, and 164 Foley’s Grade with attorney Doezema and investigate with County as to use and regulation of their property in relation to abutting property owners removing vegetation on County land. Motion approved.

187 Foley’s Grade: A 50' area has been stripped of natural vegetation and has been planted with non-native plants, and has a maintained lawn to the waters edge with a sitting bench. Property owner has also constructed an accessory building without a permit. Resident replied to correspondence by Zoning Administrator stating he will not comply with ordinance. Motion by Nauta, seconded by Baird, to send correspondence with building application and warning that without compliance within thirty days, a civil infraction will be issued. Motion approved.

C. Noise Ordinance. Discussed complaints by residents, and neighboring units that

have adopted noise ordinances. Sheriff’s Department has expressed an interest in seeing us have one – they get calls but can do little without an ordinance to back up.

1. Alton Church Society Request. Request of $16,800 from community development funds to complete repairs on building. Wittenbach explained that the consultant and bid fees came in over the original allocation of $18,000.00. Concern expressed to not exclude other projects at the expense of this one; ie: North Kent Transit or Senior Center. Motion by Stone, seconded by Baird, to designate $16,800 community development funds, by borrowing into future funds preferably over the next two years, to Alton Church Society for completion of outdoor repairs to building. Motion approved.

2. Pyrotechnics Display Request. Motion by Baird, seconded by Hoffman, to approve Pyrotechnics Display Request for one night display (10/19/02) from 7:00 p.m. to 10:00 p.m. with letter sent to residents within 500’ of property and posting of event in Buyer’s Guide and Lowell Ledger. Motion approved.

3. Sludge Ordinance. DEQ regulates at present time. Concern that Township needs stand alone ordinance requiring special use permit from Township. Portion of existing ordinance vague regarding septic waste or other treatment plant waste. Motion by Hoffman, seconded by Nauta, to send matter to Planning Commission for their review and direction regarding a separate sludge ordinance or amendment to current ordinance. Motion approved.

4. Possible Staff Vacancy. Assessing department needs clerical help. Receptionist Star Palasek interested in position. Leaves opening for receptionist. Decision by Board to advertise for one job opening, i.e. receptionist/clerical position. Motion by Nauta, seconded by Hoffman, to fill clerical assessing position and advertise for receptionist/clerical assistant. Motion carried.

Citizens Comments

Suggestion to provide table for Zoning Administrator at meetings. Planning Commissioner Tom Medendorp commented that we have a lighting ordinance in place for commercial district, but not industrial. Need to copy language in commercial ordinance regarding lighting and apply same to industrial ordinance.

Meeting adjourned at 9:45 p.m.

Respectfully submitted,

Mari Stone, Clerk