Hagar Township considers kayak launch

 Hagar Township is contemplating an addition to its parks system in the form of a Kayak Launch to be located on an otherwise unused parcel of township land located along the Paw Paw River. Township Supervisor Izzy DiMaggio brought the concept before the Downtown Development Authority seeing an opportunity for development of an additional source of tourism especially in light of the recent multi-community efforts to clean up the Paw Paw River for small watercraft navigation.  Though only in the conceptual stage and pending a funding source at this time, the potential future park may serve to include paved parking, restrooms, a gazebo, picnic area and boardwalk access over existing wetlands to provide direct access the river for a kayak launch as shown in the preliminary site plan prepared by the team at Abonmarche Consultants.

Hagar moves to resolve legal issues of Vitale Market zoning

By Jon Bisnett

Following a closed session to review legal matters the Hagar board returned to public session to approve a motion to “…Take steps to resolve the case of Vitale vs. Township of Hagar as recommended by counsel.” The matter stems from grandfathered mixed commercial and residential zoning irregularities that surfaced when the Vitale family sought to sell the property to a developer who had intended to bring a commercial business to the property.   In other legal matters Supervisor Izzy DiMaggio was pleased to announce that the US Court of Appeals for the Sixth Circuit has moved to dismiss the case of Dennis Knuth vs. Township of Hagar, leaving nothing but the US Supreme Court as the plaintiff’s recourse. The matter comes as a close to years of legal wrangling by the plaintiff in regard to a constitutional challenge of a township demolition order. DiMaggio noted township expense of over $50,000 in legal fees, before the township’s insurance company became involved. The case predates the current township board. The commentary of the Sixth District Court cites Knuth for “abusing the judicial process” by “retaining new counsel three times and each time, refusing to cooperate with his attorney… after being put on notice July 2015 for dilatory tactics, he hired another attorney and after the briefing schedule had been previously extended five times, requested six more extensions to respond to the motion to dismiss.”  When that response was finally filed in January of 2016, the court found no satisfactory explanation for his conduct, thus leading to formal the dismissal decision.  Readers may recall Knuth ran against the Republican DiMaggio for the office of Township Supervisor in 2011.

Guests

County Commissioner Bill Smith reported that Berrien County is busy working on the annual budget. Courthouse security is under review in the wake of the recent tragedy and is planning to be formally surveyed by experts with the county’s insurance carrier.  Smith also reported recent work along the Paw Paw River has cleared a path from Hayes Park in Watervliet to the Coloma Water Treatment Plant. Smith noted the presence of a significant log jam under the Paper Mill Bridge in Watervliet which in fact is so large that concerns for the integrity of bridge itself come into play. An engineer will be consulted for an opinion before any additional work can be done in that area.  Kim LaSata visited seeking support as the Republican candidate for the 79th District House seat currently served by the term-limited Al Pscholka and once held by her husband, Charles, who is now a Berrien County judge. LaSata, a school teacher, lives with her husband and four children on a 15-acre farm in Bainbridge Township.

Supervisors Report

Supervisor Izzy DiMaggio began by reporting the Paw Paw River clean-up effort is going well. Talk has come up of a proposed Maintenance Fund to provide relief in the event of sudden storm activity and unforeseen natural events that could compromise the cleanup effort. A figure of $5,000 per community has been suggested among the 15 entities involved.

Treasurer’s Report

Treasurer Marlene Davis presented August expenses in the amount of $67,792.42 and reminded locals that Thursday, September 15 is the deadline to pay Summer Taxes or otherwise incur a 1% per month penalty.

Clerk’s Report

Clerk Ian Haight reported eight calls for Pride Care Ambulance with an average response time of 7:38 for August.  With work complete on the new heating and air conditioning overhaul at the hall, Haight had solicited bids for a fence to surround and protect the exterior components. The low bid in the amount of $1,366 by Wiltse Fencing was unanimously approved.  Ian reminded that the November election is coming up. He is always looking for new election workers. Haight also complimented the staff who worked the August Primary and noted their numbers held up to the scrutiny of a formal recount prompted by the action of a write-in candidate.

Sheriff’s Department

Deputy Everly reported 64 complaints within the township during the prior month, including nine citations and three arrests. Five traffic incidents were noted. Everly commented that the “snatch & grab” breaking of cars windows and theft of valuables that plagued Hagar Parks last summer, had ceased as the BCSD had arrested an offender in Lincoln Township that was likely the culprit of the Hagar crimes.

Fire Report

Fire Board Treasurer Ian Haight reported with 23 runs in the month of August with 10 occurring in Hagar Township.  In other matters, the Fire Board has authorized a purchase order for the department’s new tanker truck. The approximate $300,000 tanker purchase will not be completed and paid out until sometime in 2107. Two new gas leak detection meters were purchased.  The NBJ Fire Board has recommended the use of consultant Jeff Swanson to conduct a search and interviews for a new Fire Chief, requesting each of the three communities to contribute $5,000 to the expected $15,000 consultant’s fee. In a 3-2 decision the Township approved the expense with nay votes cast by Trustees Marlene Davis and Andy Ulleg. A lone public commenter expressed the opinion that the Fire Board should do their job conduct the search and hire without spending money on consultants. Swanson was party to an in-depth review of the department operations just months ago. The conclusions drawn in that report called the NBJFD a veritable “revolving door” of Fire Chiefs, calling into question the local hiring process.

Building Inspectors Report

Inspector Butch Kelley reported just two permits for $64,000 for the prior month.  Kelley has a total of seven new ordinance violations in the works that will be detailed at the September meeting.

Parks & Recreation

Parks Director Deb Kavanaugh reported business as usual at all township parks, “even though we have no actual beach…” referring to the high lake levels. Kavanaugh said that in the past the parks had always been effectively shut down after Labor Day, but this year will continue to provide trash and porta-potti services until first snow fall.

Old Business

The Headlee Amendment Rollback issue was visited once again. The drop from 1.0 mill to .632 negative affects the Township to the tune of roughly $60,000 in general fund revenue. A postcard will go out to the voters explaining the importance to the Township budget. The final language has been approved. If passed, the measure will cost a homeowner with a State Equalized Value of $50,000 approximately $18 per month.

New Business

Speaking in regard to his post on the Planning Commission, Trustee Andy Ulleg requested and was granted approval for an expense of up to $200 for an additional Platte book for the use of the planners. In addition Ulleg noted ordinance and zoning inconsistencies that may require the services of Williams and Works planners to get the correct verbiage in agreement between the two documents. With no actual cost estimate at this time, the subject will be revisited at a future meeting.  Having no further public business Supervisor DiMaggio entertained a motion to enter closed session for discussions with legal counsel.