Charleston Township Building Inspector and Zoning Ordinance Enforcement Official Bert Gale (right) addresses a question from a member of the audience at the April 22 Township Board meeting.
Township official says it’s about following the law
By Bruce Rolfe
Similar to the March Charleston Township Board meeting, another large crowd of Galesburg Speedway supporters packed the township hall at the April 22 township board meeting, hoping a resolution could be secured on an issue that has been on going between the Township and Speedway since 1989.
Days before the racing season started April 26 at the local speedway, the owners discovered a red ticket and letter on the entrance gate from the Charleston Township Building official, notifying the owners a Certificate of Use and Occupancy could not be issued because a Commercial Building Permit was not issued for work done on the press box, also known as the tower.
The races were allowed to take place April 26, but the press box was not to be used or occupied.
Tammy McGhee said she and her father Tom McGhee are the speedway owners and have been for several years; her son Jeff Sayles is very active in the business as well.
Charleston Township Supervisor Jerry Vander Roest asked Building Inspector and Zoning Ordinance Enforcement Official Bert Gale, of Associated Government Services, to review the Michigan Building Code at the meeting, hoping supporters of the Speedway would gain insight why access to the press was denied.
In a letter dated March 17, 2025 to Thomas A. McGhee and Tammy McGhee, Gale said the entire floor has been replaced in the press box. He said a Commercial Building Permit Application accompanied by signed and sealed plans from a Registered Design Professional is required.
Gale said because a Commercial Building Permit was not issued for the work done to the press box, a Certificate of Use and Occupancy could not be issued.
Gale said he communicated with the architect engineer Tammy McGhee hired. He said he received a set of plans, however the plans lacked information he needed to consider issuing a building permit on the press box. He said this left him no choice but to red ticket the press box. He said he has attempted to contact the architect multiple times.
“At this point, the issue is with the plans, is that it’s lacking the calculations for the floor. For the live and dead load,” explained Gale.
Tammy McGhee said the Speedway is working with Kalamazoo attorney Ron Ryan and engineer Cody Newman of Battle Creek “to settle this issue.”
She adds the Speedway “did what we had to do to put on our racing event,” adding there was a full crowd of fans and racers at the first racing night of the year.
A Battle Creek man in the audience questioned what the Township was doing is right. He claimed he talked to Michigan Attorney General Dana Nessel personally and said she would be interested in looking into the conflict with the Township “because she said there is no way this court case should be going on from 1989 to 2025 expressing on an established business that has done nothing wrong.”
One Galesburg woman pleaded for the township board to work with the speedway owners instead of working against them. She noted the positive impact the speedway has had in the community and how local businesses benefit each week races are held.
Rod Russell, of Texas Township, said he has been attending races at the Galesburg Speedway since he was a teenager. He said the Speedway is well known throughout the United States and Canada, and is known as the “racer’s track.”
He remembered when the Charleston Township Fire Department used to help the Speedway out with a safety crew.
“So you think about the time that Charleston Township has spent, it’s ludicrous to try and close this track down. We should be working together. You think about the settlement that was made years ago and in court opinions of the previous owner. We need to learn to live and forget about that. Let’s see how we can make Galesburg Speedway great again. At the same time, we can make Charleston Township great again,” said Russell.
Vander Roest referred to a Order of Contempt that was signed by 9th Circuit Court Judge Curtis J. Bell March 7, 2025 regarding the press box/tower and the lack of a building permit.
“There was a deadline set. All of the permits were supposed to be done on January 2nd at 10 o’clock, and now it’s April 22 at 4:30 and we do not have the permits done. So we had no choice. We’re working under the Michigan Building codes, what they require and the rest of that,” said Vander Roest.
Galesburg Speedway, one of the oldest, if not the oldest speedways in the State of Michigan, has been operating at the location since 1946.
Vander Roest said since 1964 the property has been zoned residential. He said at the March township board meeting the speedway, “has been operating as a non-conforming use for that property.”
Vander Roest said at the March township board meeting the township and the former speedway owner worked out an agreement in court in 1989. He stated in that 1989 agreement with the township there was the understanding the speedway property is residential, it was already in non-conforming use and “we were going to have rules and regulations by which the speedway was to abide until the day when the race track phases out.”
Gale said the 1989 court order stipulates the current owners and subsequent owners are subject to the 1989 court order. He adds in the 1989 order there were provisions for an opportunity to perform a couple projects; the restroom and concession stand areas.
Gale said at the March township board meeting no new construction could happen, only some limited repairs. Gale and Vander Roest feel the 1989 court order states if something wears out, it was not to be replaced. They feel the flooring in the press box was a major improvement.
Vander Roest adds once the building inspector receives the proper application, the Board will have to determine if the floor repairs are considered an expansion.
One audience member asked the board if all non-conforming uses contain a sundown clause. Vander Roest said if the non-conforming use property is not used within one year, the property reverts back and the non-conforming label would be removed.
Vander Roest also told the audience at the March board meeting the speedway owners do have the right to make a re-zoning request from residential to commercial. There is a $900 application fee and the Planning Commission would then review the application and make a recommendation to the township board.
In other items covered at the April 22 meeting:
• Supervisor Jerry Vander Roest said communication with the City of Galesburg about a dispute on the monthly charge the City wants Charleston Township to pay for renting the Galesburg-Charleston Township Fire Station will continue. He said the City of Galesburg will provide annual expense figures and expected future expenses, allowing both sides to analyze the cost to share the fire station.
A letter dated January 30, 2025 from the Charleston Township Board to the Galesburg City Council notes the Charleston Township Board struggles with the City’s request for a 38.2% increase in rent. The increase in rent equals $6,300 more for the 2025 year. The letter adds two years ago the two sides arrived at a figure of $1,375 a month.
• Vander Roest informed the board he submitted an insurance claim for $36,130.03 in damage to a sewer line in the township. Vander Roest also plans to submit a claim to the Kalamazoo County Drain Commissioner’s office for an additional $106,000 in damage to the sewer line.
• The board accepted a bid from Mulders Tree Service for $7,060 for tree removal on East Michigan Avenue.
• The board approved an expense of $675 from Wolverine Power Systems for a level one maintenance agreement for one year on the generator.
• The township turned in a claim for $2,252.85 to the township’s insurance carrier for damage to a panel in the water tower from a water line break.
Similar to the March Charleston Township Board meeting, another large crowd of Galesburg Speedway supporters packed the township hall at the April 22 township board meeting, hoping a resolution could be secured on an issue that has been on going between the Township and Speedway since 1989.
Days before the racing season started April 26 at the local speedway, the owners discovered a red ticket and letter on the entrance gate from the Charleston Township Building official, notifying the owners a Certificate of Use and Occupancy could not be issued because a Commercial Building Permit was not issued for work done on the press box, also known as the tower.
The races were allowed to take place April 26, but the press box was not to be used or occupied.
Tammy McGhee said she and her father Tom McGhee are the speedway owners and have been for several years; her son Jeff Sayles is very active in the business as well.
Charleston Township Supervisor Jerry Vander Roest asked Building Inspector and Zoning Ordinance Enforcement Official Bert Gale, of Associated Government Services, to review the Michigan Building Code at the meeting, hoping supporters of the Speedway would gain insight why access to the press was denied.
In a letter dated March 17, 2025 to Thomas A. McGhee and Tammy McGhee, Gale said the entire floor has been replaced in the press box. He said a Commercial Building Permit Application accompanied by signed and sealed plans from a Registered Design Professional is required.
Gale said because a Commercial Building Permit was not issued for the work done to the press box, a Certificate of Use and Occupancy could not be issued.
Gale said he communicated with the architect engineer Tammy McGhee hired. He said he received a set of plans, however the plans lacked information he needed to consider issuing a building permit on the press box. He said this left him no choice but to red ticket the press box. He said he has attempted to contact the architect multiple times.
“At this point, the issue is with the plans, is that it’s lacking the calculations for the floor. For the live and dead load,” explained Gale.
Tammy McGhee said the Speedway is working with Kalamazoo attorney Ron Ryan and engineer Cody Newman of Battle Creek “to settle this issue.”
She adds the Speedway “did what we had to do to put on our racing event,” adding there was a full crowd of fans and racers at the first racing night of the year.
A Battle Creek man in the audience questioned what the Township was doing is right. He claimed he talked to Michigan Attorney General Dana Nessel personally and said she would be interested in looking into the conflict with the Township “because she said there is no way this court case should be going on from 1989 to 2025 expressing on an established business that has done nothing wrong.”
One Galesburg woman pleaded for the township board to work with the speedway owners instead of working against them. She noted the positive impact the speedway has had in the community and how local businesses benefit each week races are held.
Rod Russell, of Texas Township, said he has been attending races at the Galesburg Speedway since he was a teenager. He said the Speedway is well known throughout the United States and Canada, and is known as the “racer’s track.”
He remembered when the Charleston Township Fire Department used to help the Speedway out with a safety crew.
“So you think about the time that Charleston Township has spent, it’s ludicrous to try and close this track down. We should be working together. You think about the settlement that was made years ago and in court opinions of the previous owner. We need to learn to live and forget about that. Let’s see how we can make Galesburg Speedway great again. At the same time, we can make Charleston Township great again,” said Russell.
Vander Roest referred to a Order of Contempt that was signed by 9th Circuit Court Judge Curtis J. Bell March 7, 2025 regarding the press box/tower and the lack of a building permit.
“There was a deadline set. All of the permits were supposed to be done on January 2nd at 10 o’clock, and now it’s April 22 at 4:30 and we do not have the permits done. So we had no choice. We’re working under the Michigan Building codes, what they require and the rest of that,” said Vander Roest.
Galesburg Speedway, one of the oldest, if not the oldest speedways in the State of Michigan, has been operating at the location since 1946.
Vander Roest said since 1964 the property has been zoned residential. He said at the March township board meeting the speedway, “has been operating as a non-conforming use for that property.”
Vander Roest said at the March township board meeting the township and the former speedway owner worked out an agreement in court in 1989. He stated in that 1989 agreement with the township there was the understanding the speedway property is residential, it was already in non-conforming use and “we were going to have rules and regulations by which the speedway was to abide until the day when the race track phases out.”
Gale said the 1989 court order stipulates the current owners and subsequent owners are subject to the 1989 court order. He adds in the 1989 order there were provisions for an opportunity to perform a couple projects; the restroom and concession stand areas.
Gale said at the March township board meeting no new construction could happen, only some limited repairs. Gale and Vander Roest feel the 1989 court order states if something wears out, it was not to be replaced. They feel the flooring in the press box was a major improvement.
Vander Roest adds once the building inspector receives the proper application, the Board will have to determine if the floor repairs are considered an expansion.
One audience member asked the board if all non-conforming uses contain a sundown clause. Vander Roest said if the non-conforming use property is not used within one year, the property reverts back and the non-conforming label would be removed.
Vander Roest also told the audience at the March board meeting the speedway owners do have the right to make a re-zoning request from residential to commercial. There is a $900 application fee and the Planning Commission would then review the application and make a recommendation to the township board.
In other items covered at the April 22 meeting:
• Supervisor Jerry Vander Roest said communication with the City of Galesburg about a dispute on the monthly charge the City wants Charleston Township to pay for renting the Galesburg-Charleston Township Fire Station will continue. He said the City of Galesburg will provide annual expense figures and expected future expenses, allowing both sides to analyze the cost to share the fire station.
A letter dated January 30, 2025 from the Charleston Township Board to the Galesburg City Council notes the Charleston Township Board struggles with the City’s request for a 38.2% increase in rent. The increase in rent equals $6,300 more for the 2025 year. The letter adds two years ago the two sides arrived at a figure of $1,375 a month.
• Vander Roest informed the board he submitted an insurance claim for $36,130.03 in damage to a sewer line in the township. Vander Roest also plans to submit a claim to the Kalamazoo County Drain Commissioner’s office for an additional $106,000 in damage to the sewer line.
• The board accepted a bid from Mulders Tree Service for $7,060 for tree removal on East Michigan Avenue.
• The board approved an expense of $675 from Wolverine Power Systems for a level one maintenance agreement for one year on the generator.
• The township turned in a claim for $2,252.85 to the township’s insurance carrier for damage to a panel in the water tower from a water line break.
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