Opinion directed at advisory commissions.

Leland Township Board members may attend and participate in meetings of advisory committees.

At least that is the opinion of an attorney hired by the township.

In July the board approved spending $350 to secure a written opinion from the law firm of Bauckham, Sparks, Rolfe, Lohrstorfer and Thall of Kalamazoo about the legality of having supervisor Harry Larkin attend and participate in meetings of the township sewer commission and fire board. Both advisory boards were created by the township board.

Trustee Nicholas Lederle has championed the issue, believing Larkin was acting beyond his authority while participating in the meetings. Board members thought Lederle’s concerns had been put to rest by a written opinion from township attorney Martha Black explaining how board members may participate at meetings of the township Planning Commission and Zoning Board of Appeals.

The opinion from the Kalamazoo law firm confirms what Larkin has said all along. Since both committees are creations of the township board, he or any other board member may attend and participate. Larkin previously said he only participated in meetings of the sewer commission and fire board at the request of either committee’s chairman.

“The Township Board member is appearing at the committee meetings at the request of the committee chairperson,” wrote attorney Roxanne C. Seeber. “The person can appear, lend his or her expertise and join in the discussion, but not vote on the matter before the committee. The Township Board could vote to increase the size of the sewer board, to add a Township Board member to it or abolish it altogether. There is no statutory ‘independence of judgment’ required in situations where the committee or board is not a creature of statute but a creature of the Township Board with only advisory duties.”

“This opinion is what I expected,” said Larkin when asked for a comment.

Lederle said Seeber in a phone conversation in August expressed concern about Larkin’s involvement with the board’s advisory committees. He said he was surprised when he read her written opinion, which is dated Sept. 27.

“That was not what was represented to me over the phone,” Lederle said Tuesday morning.

In other business, the board:

• Appointed Lederle as board representative on the county Brownfield Redevelopment Authority. The authority will meet on Tuesday at 9:30 a.m. in the meeting room of the county’s River Office building in Leland.

In a related matter the board also unanimously approved a memorandum of understanding with Varley-Kelly Properties, Inc.. The firm has an agreement with the County Board to purchase the four-acre county property in Leland for $2.4 million.

Larkin said the memorandum states the township supports the developer’s efforts to seek some $900,000 in grants and loans for cleaning up the county property from the Michigan Department of Natural Resources.

• Approved spending $1,800 to maintain soccer fields at Hancock Park in Leland.

Township and Leland Public Schools have shared maintenance of the ball fields and parking area at Hancock Park. School superintendent Michael Hartigan said the school uses monies from its sinking fund to pay for improvements to the park. But the school district cannot use funds from the sinking fund to pay for maintenance and operations at the park, only improvements. “We’ve spent about $4,000 on improving the soccer field and putting up new fencing at Hancock this year,” he said. Improvement coming either later this year or next spring include upgrading the irrigation system and digging a new well.

• Unanimously appointed Vince Fleck to the township Planning Commission, upon a recommendation from Larkin. Fleck will replace long-time commission chair Steve Clem, who did not seek reappointment to the commission. Fleck will serve a three-year term which expires in October, 2010.