1. 2. 3.   The October 5, 2006 Special Board Meeting was called to order by Supervisor Anderson at 7:40 p.m. at the Community Center.  The Pledge of Allegiance was recited.  Clerk Johansen called the roll with Supervisor Anderson and Trustees Kupar, Stutesman, and Judy present.  Trustee Boissonnas was absent.

4.  New Business – Presentation and Discussion for Action:

     a. Review and Act Upon Authorization for Supervisor to Sign Temporary construction, Permanent Utility and Temporary Access Easement Agreement for Mongerson Parcel:   Township Attorney Noble recommended the Board not approve the Authorization because of the contingency that Campton Township not object to the concept plan in order to aid the developer to get the necessary land use approved, so that the Easement can take place.  If the Township objects to the concept plan, it gets no money for the easement.  The problem is the concept plan is devoid of detail.  We should wait until the Preliminary Plat is approved by the County, and then reference this be developed in accord with the Preliminary Plat, instead of a concept plan, before agreeing to the rest of it.  He informed their lawyer.  It’s due at the Development Committee in November.  K. Judy moved the Board discuss agenda item 4. a.  T. Stutesman seconded the motion.  In a voice vote Supervisor Anderson and Trustees Kupar, Stutesman, and Judy voted aye.  Trustee Boissonnas was absent.  The motion passed.  N. Anderson stated it’s a PUD (Planned Unit Development), so they can change it later.  Attorney Noble stated they don’t want to submit the preliminary plan unless they know they have the easement – so she gave the preliminary plan they will submit this week and she wants us to agree that our contingency is on this plat.  N. Anderson stated the only way it is changed then is if the County changes it.  Jim Morgan, Plan Commission Chairman stated this is similar to what we passed in March.  Maybe 7 or 8 more lots then before in order to expand the Geneva Park District.  It’s 0.9 overall density for Campton Township.  K. Judy stated she and D. Bressler, former Plan Commission Chairman, agree the zoning and entitlement process should be separate from the easement agreement.  Township Administrator Glas stated the County is requesting we approve this before the preliminary plan so they know this is going to take place.  Attorney Noble stated they don’t want this to go to approval unless they know the Township agrees.  K. Judy asked is there a time frame on the temporary construction easement?  Attorney Noble stated it ends when the road is completed.  N. Anderson asked what if they left it gravel for a year?  Can we put a “drop dead” date for construction?  Attorney Noble stated can do.  Is six months enough?  Answer yes.  J. Kupar asked is there a sunset clause that says if nothing is done if five years, it’s null and void?  Administrator Glas stated they plan on starting on the northeast corner in Campton and going from there. J. Morgan stated this road may not be done right away.  T. Stutesman asked but the Township gets its money right away?  Answer was yes.  K. Judy stated we should run this easement past bond council.  Attorney Noble stated that’s already been done.  K. Judy moved to revise this agreement to include the comments of the Board tonight, deleting all of paragraph 6 except for the first sentence, or other negotiations acceptable to both parties.  J. Kupar seconded the motion for the purpose of discussion.  Attorney Noble stated there is no middle ground.  J. Kupar asked can we tie support to the other document?  Attorney Noble stated that’s what they are asking for.  N. Anderson stated you don’t want us to vote on this?  Answer no.  Then do what?  Answer negotiate, discuss with staff, and see what they recommend.  I need direction.  Administrator Glas stated Development Director Bus wants assurance from us that after staff does all that work, we don’t pull the rug out from under them.  J. Kupar withdrew his second of the motion.  K. Judy withdrew the motion.  J. Kupar moved the Board modify paragraph six to include map # 5080P21 dated October 5 entitled Settlements of LaFox Land Use Distribution Plan.  The motion was seconded by K. Judy.  K. Judy moved the Board amend the motion to add “as part of ongoing negotiations that will culminate in another draft easement.”  The amendment of the motion was seconded by T. Stutesman.  In a voice vote on the amendment of the motion Supervisor Anderson and Trustees Kupar, Stutesman, and Judy voted aye.  Trustee Boissonnas was absent.  The amendment of the motion passed.  In a voice vote on the motion as amended Supervisor Anderson and Trustees Kupar, Stutesmen, and Judy voted aye.  Trustee Boissonnas was absent.  The motion as amended passed. 

     b. Review and Act Upon Authorization for Supervisor to Send Letter of Intent for Conservation Foundation for Land Purchase:  Dan Lobbes spoke on behalf of the Conservation Foundation in regard to the Township’s letter of intent for land purchase to the Conservation Foundation.  He stated the letter is assurance to the Conservation Foundation’s Board even though it is not legally binding.  J. Kupar moved the Board approve authorization for the Supervisor to send a letter of intent to the Conservation Foundation for a land purchase.  The motion was seconded by T. Stutesman.  In a voice vote Supervisor Anderson and Trustees Kupar, Stutesman, and Judy voted aye.  Trustee Boissonnas was absent.  The motion passed. 

     c. Review and Act Upon Authorization for Township Attorney to Negotiate with Conservation Foundation for Contract/Lease for Land Purchase:  T. Stutesman moved the Board approve authorizing the Township Attorney to negotiate with the Conservation Foundation for a contract/lease for a land purchase.  K. Judy seconded the motion.  In a voice vote Supervisor Anderson and Trustees Kupar, Stutesman, and Judy voted aye.  Trustee Boissonnas was absent.  The motion passed.

5.  Executive Session – Land Acquisition and Pending Litigation:  J. Kupar moved the Board go into Executive Session for the purpose of discussing land acquisition and pending litigation, and include Township Attorney Noble, Dan Lobbes of the Conservation Foundation, Jeff Greenspan, L. McKay Township C.P.A., and J. Glass Township Administrator.  The motion was seconded by T. Stutesman.  In a roll call vote Supervisor Anderson and Trustees Kupar, Stutesman, and Judy voted aye.  Trustee Boissonnas was absent.  The motion passed and Executive Session began at 8:35 p.m. 

6.Adjournment:  Supervisor Anderson reconvened the regular session at 9:47 p.m.  T. Stutesman moved the Board adjourn the meeting.  K. Judy seconded the motion.  In a voice vote Supervisor Anderson and Trustees Kupar, Stutesman, and Judy voted aye.  Trustee Boissonnas was absent.  The motion passed and the meeting adjourned. 

                                                                               Respectfully Submitted,

                                                                               Richard Johansen

                                                                               Clerk