Approval of Agenda The May 14, 2013 agenda approved as presented.
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1 Nelson Township Board Meeting Tuesday, May 14, :00 P.M. Held at the Nelson/Village of Sand Lake Municipal Hall 2 Maple Street Sand Lake, MI Call to Order Pledge of Allegiance Board Roll Call In the absence of the Supervisor, the clerk called the regular board meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. Mahoney made the motion to appoint the Clerk as meeting chairperson, support by Austin, Yes 4, No 0. Absent 1 Present Hoffman Austin Mahoney Armstrong Absent Noreen There were four citizens present along with Zoning Administrator, Jerry Gross Approval of Agenda The May 14, 2013 agenda approved as presented. Minutes of the Previous Meetings Motion by Austin to make one corrections to the April9, 2013 minutes: 1. New Business (Trustee Professional Development Retreat) shall read as: Mahoney made the motion to approve up to $ for Armstrong to attend the Professional Development Retreat. Austin supported. Financial Report Accounts Payable The financial report was approved as presented. Accounts payable: Mahoney made the motion to disburse the general fund $26,143.15, library $6, and Pine Lake Weed Control Armstrong supported. Yes 4, No 0. Absent 1. Reports a) Zoning and Enforcement - Received and filed in the clerk s office. b) Fire Department a. Received reports from Sand Lake Fire Department and City of Cedar Springs c) Library mulch is complete. Book sale raised $2, Correspondence: None New Business 1. NetBadge - Hoffman made the motion and supported by Mahoney to approve the purchase of identification badges for employees and officials. Yes 3, No Armstrong. Absent 1. Motion passed 2. Minor Road Construction Gravel 20 Mile Hoffman made the motion with support for Mahoney to approve expenditure of an additional $21, to gravel 20 Mile Road east of Tisdel Ave to Keller Ave. Yes 2, No 1, Armstrong abstain. Absent 1. Motion passed 1
2 Nelson Township Board Meeting May 14, Replacement library flag pole cover Austin made the motion to approve the expenditure of $85.00 for the replacement library flag pole cover, Mahoney supported. Yes - 4, No - 0. Absent 1. motion passed 4. Building Committee recommendation for custodian Mahoney made the motion to accept the building committee s recommendation to hire Barb Ferguson for the custodian for the library and municipal hall. Armstrong supported. Yes 4, No 0. Absent 1. Motion passed 5. The Township Board recommends that the Planning Commission develop a Nuisance Ordinance Hoffman made the motion to send to a Nuisance Ordinance to the Planning Commission for consideration. Armstrong supported. Yes 4, No 0. Absent 1. Motion passed 6. Amend budget centers Austin made the motion to amend the following budget centers. Mahoney supported. Yes 2 No Austin, Armstrong. Absent 1. Motion failed Minor road construction 20 Mile 21, Austin made the motion with support from Mahoney to amend centers: Trustee Contracted Services 1, Yes 4, No 0. Absent: Noreen. $23, Library White Pines trees along north lot line - Austin made the motion to purchase nine (9) 6ft White Pine trees for the amount of $ for planting along the north lot line library property. Mahoney supported. Yes 3, No Armstrong. Absent Consider updated draft of Private Recreational Area zoning ordinance Hoffman made the motion with support from Austin to tabled Draft Private Recreational Area. Yes 4, No 0 Absent: Resolution for 6773 Wildwood Lane to the Kent County Land Bank See attachment A Unfinished Business 1. Nelson Twp Policy Manual Tabled Board Comment Armstrong stated with a healthy fund balance should consider paving another road. Adjourned Without objection the Clerk adjourned the township board meeting at 8:09 p.m. 2
3 Resolution NELSON TOWNSHIP RESOLUTION TO EXCERISE RIGHT OF FIRST REFUSAL FOR LOCAL UNITS TO PURCHASE TAX FORECLOSED PROPERTIES RESOLUTION At a regular meeting of the Township Board of the Township of Nelson, Kent County. Michigan, held at the Municipal Hall, 2 East Maple Street, Sand Lake, Michigan, on 14th, day of May 2013, at 7:00 pm. PRESENT: Hoffman Austin Mahoney Armstrong ABSENT: Noreen The following resolution was offered by Board Member Hoffman and seconded by Board Member Mahoney. Resolution to Exercise Right of First Refusal for Local Units to Purchase Tax Foreclosed Properties. WHEREAS, The General Property Tax Act MCL m provides that "a city, village, or township may purchase for a public purpose any property located within that city, village, or township set forth in the judgment and subject to sale under this section by payment to the foreclosing governmental unit of the minimum bid"; WHEREAS, the Land Bank Fast Track Act, Act 258 of 2003 states: "It is declared to be a valid public purpose for a land bank fast track authority created under this act to acquire, assemble, dispose of, and quiet title to property under this act. It is further declared to be a valid public purpose for a land bank fast track authority created under this act to provide for the financing of the acquisition, assembly, disposition, and quieting of title to property, and for a land bank fast track authority to exercise other powers granted to a land bank fast track authority under this act. The legislature finds that a land bank fast track authority created under this act and powers conferred by this act constitute a necessary program and serve a necessary public purpose"; WHEREAS, the Kent County Land Bank Authority is a land bank in the State of Michigan as evidenced by the Intergovermental Agreement entered into on November 9,2009, under Section 5 of Article 3 and Section 28 of Article 7 of the Michigan Constitution of 1963 and the Land Bank Fast Track Act, 2003 PA 258, MCL to , between the MICHIGAN LAND BANK FAST TRACK AUTHORITY, a Michigan public body corporate and politic, and the TREASURER OF THE COUNTY OF KENT, MICHIGAN, for the purpose of establishing and creating the KENT COUNTY LAND BANK AUTHORITY, a separate legal entity and public body corporate to administer and execute the purposes and objectives of this Agreement; WHEREAS, on March 28, 2013, the Kent County Commission adopted the following Kent County Land Bank Process Sub- Committee's findings: The KCLBA is authorized by State law to address the effects of the mortgage forfeiture crisis and an excessive number of tax foreclosures, and is therefore the appropriate countywide entity to deal with the concerns. The referenced concerns to be addressed remain local government (cities, villages, townships) issues which first impact local neighborhood blight and instability. 3
4 Local governmental units which have planning, zoning and housing standards with demolition powers, and are likely to be the most knowledgeable about neighborhood blight and instability in their jurisdictions, are best suited to identify and work with the KCLBA to address these local issues. Michigan's tax foreclosure law allows local governmental units (cities, villages and townships) to remove property from the tax foreclosure list to deal with public purpose concerns such as neighborhood blight and instability. The dismissal of the lawsuit filed against Kent County, the County Treasurer and the KCLBA which challenged the legality of transferring property to the KCLBA has confirmed that the County, and by the same argument cities, villages and townships, have the authority under State law to claim and transfer tax foreclosed property to the KCLBA; and WHEREAS the Kent County Commission adopted the following Kent County Land Bank Process Sub- Committee's recommendation to: "resolve not to acquire properties and sell them to the Land Bank Authority prior to the public auction, unless the County has a direct interest and under special circumstances related to said properties, and that the Kent County Land Bank Authority work with the local units of government within the County to acquire properties prior to the public auction." THERFORE, IT IS RESOLVED that the Nelson Township shall exercise its right of first refusal to purchase the tax foreclosed property(ies) included in Addendum A [Attach an Addendum listing the PP# and Address of each property] pursuant to the public purpose of partnering with the Kent County Land Bank to execute an Expedited Quiet Title Action, market, resell, and redevelop the property(ies) in such a way as to work to stabilize property values, eliminate blight, preserve neighborhood character, and maximize economic development. AYES: AUSTIN MAHONEY HOFFMAN NAYS: ARMSTRONG ABSENT: NOREEN RESOLUTION DECLARED ADOPTED. STATE OF MICHIGAN ) )ss. COUNTY OF KENT ) I hereby certify that the foregoing is a true and complete copy of an Resolution adopted by the Township Board of the Township of Nelson at a regular meeting held on the date first stated above, and I further certify that public notice of such meeting was given as provided by law. 4
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