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OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

April 24, 2001

The Oshtemo Township Board held its regular meeting at the Township Hall. Supervisor VanDyke called the meeting to order at 7:00 p.m.

PRESENT: Supervisor John VanDyke
Clerk Deb Everett
Treasurer Nancy Culp
Trustee Lois Brown
Trustee David Bushouse

Also present was Patricia Mason, Township Attorney, Bob Snell, Township Engineer, Mary Lynn Bugge, Planner, and approximately 40 interested people.

Motion by Brown, second by Culp to approve the minutes of the April 10th meeting. Carried.

Income to the General Fund of $50,560.71 and disbursements of $164,959.94 and income to the Fire Fund of $11.00 and disbursements of $28,904.77 were reported.

Trustee Brown inquired what an invoice from Kreis, Enderle, Callander was for. Supervisor VanDyke advised it was for a legal opinion. Mrs. Brown further inquired if legal opinions should not be sought from the Township Attorney, is the Township in possession of what was requested and is it available to the Trustees. Mr. VanDyke advised this particular opinion could not be sought from the Township Attorney, the information has been received and he would make it available to her Monday, April 30th. Mrs. Brown also inquired concerning an invoices for well water testing and accountant fees. She was advised the water tests were for the Township Park and the water is clean and the accountant fees were for the 1st quarter and the annual audit.

Kadir Mohmand, 6147 Old Log Trail inquired if any bills were paid to Attorney Reed before the Board approved them and what was the reason for Trustee Brown's questioning. Mrs. Brown advised it is the Trustees duty to know how Township funds are spent.

Trustee Bushouse inquired regarding an invoice for the new Fire Department S-10 pickup truck. Supervisor VanDyke advised that Chief Howe felt an extra leaf was needed.

Motion by Culp, second by Bushouse to acknowledge the receipts and pay the bills. Carried.

COMMUNITY ACCESS TAPING OF MEETING

Trustee Brown commented and asked the attorney for clarification, that it was her understanding if Community Access were to tape and broadcast the Township Board meetings; it would be at the invitation of the Board.

Attorney Mason commented the Township Board makes the policy decisions on behalf of the Township so it would correctly be a Township Board decision if it wished to have its meetings televised.

Mrs. Brown commented that it had not been discussed; she stated she did not mind them being present but it was her position that it be by Township Board action.

Motion by Culp, second by Bushouse to allow Community Access to tape and broadcast the Township Board meetings.

Kadir Mohmand commented that he did not stand for the Pledge of Allegiance because there is not justice for everyone in Kalamazoo County and Oshtemo Township. He then inquired why the Board was afraid to have the meeting broadcast; there are people and senior citizens who cannot come to see what is going on in the Township.

Trustee Bushouse inquired if every meeting will be taped, is there a charge, is any editing done, and is there a means for someone who does not have cable to have access.

Mark Monk, operations manager of the Community Access Center advised they attended the previous meeting at the request of a Board member, there is no charge for the broadcast, no editing of content; they add a title to identify the program and they will work with the Township to eventually provide live broadcasts. He also advised copies of the meeting tape can be obtained from Community Access for a fee or if the Township supplies tape stock a copy will be made for the Township at no charge.

Kadir Mohmand commented this was an open meeting and asked why try to stop it. He was advised that the motion had been made to approve the taping and broadcast of the meetings.

Upon the vote, the motion carried.

CITIZENS COMMENTS

Kadir Mohmand inquired if Mr. VanDyke had checked into the property assessments for current and past Board members. Mr. VanDyke advised he had not; he will have to arrange to meet with the Assessor. Mr. Mohmand then inquired if Mr. VanDyke had received any information regarding the violation of the Open Meetings Act. Mr. VanDyke advised he had not. Mr. Mohmand asked that Mr. VanDyke request the report in writing. Mr. Mohmand then stated he would be turning over some documents to Mr. VanDyke that he believes were altered after the fact by the Township and requested that Mr. VanDyke give them to the Attorney General because he believes the local authorities will not do anything.

Seth Virgo, 9159 Almena, commented he has been a Township resident for about two years and would urge the Board to support Scott Husted for the vacant Trustee seat; stating that Mr. Husted is a lifelong resident and his family has been in the Township three or four generations, he is a business man in the Township, of good character and a supporter of the Township.

Lorraine McIntosh, 6803 Dollar Court, inquired why Trustee Anderson's nameplate was missing and he was not present. Supervisor VanDyke he received a call from Mr. Anderson indicating he had an out of town appointment.

PRESENTATION REGARDING COG - ED WOODHAMS

Ed Woodhams, Texas Township Trustee presented information to the Board regarding the Council of Governments and the effort to maintain the organization. At present, eight units have elected to remain members. They urge cooperation, support economic development, and other cooperative efforts. New by-laws have been written, all units are welcome to join, all officials are welcome to attend the meetings as well as citizens and the organization will use a one unit-one vote system and dues would be approximately $300.00 per unit. He urged the Board to consider rejoining the organization.

He also provided a copy of three House Bills regarding planning which he advised the Board should become informed about. He commented that the possible legislation would allow Planning Commissions to make more final decisions and adherence to the legislation could be tied to revenue sharing.

PLANNING COMMISSION RECOMMENDATION - TEXT AMENDMENTS

MINIMUM SEPARATION BETWEEN BUILDINGS
CORRECTION-SECTION 60.500 OPEN SPACE COMMUNITY
RENUMBER SECTION 78.800 TO 24.207(F)

The Planning Commission recommendation for the following text amendments was before the Board for First Reading.

Section 66.201 - Reduction in the minimum separation between residential buildings of up to four units on the same parcel, lot or building site from 40 feet to 20 feet. It would permit greater flexibility in the placement of buildings but not affect density.

Section 60.550B - Correction of the word "off-street" to "off-site" and the addition of the words "and dedicated" that were inadvertently omitted.

Section 60.550C - Removal of the second sentence of the third paragraph; it is already stated in Section 60.550B where it is appropriate.

Section 78-800 - Renumber to Section 24.207.f, the section lists the conditions and limitations multi-family dwellings are subject to.

Trustee Bushouse commented he appreciated the attorney providing the proposed ordinance with changes/additions indicated.

Motion by Culp, second by Bushouse to set the text amendments for Second and Final Reading on May 8th. Roll call vote showed Brown-yes, Bushouse-yes, Culp-yes, Everett-yes, VanDyke-yes.

TENTATIVE PRELIMINARY PLAT APPROVAL-ROSE ARBOR NO. 3

Planner Mary Lynn Bugge presented the plat of Rose Arbor No. 3 for tentative preliminary plat approval. It is a 24-lot addition to the Rose Arbor Plat. She advised the Kalamazoo County Road Commission has approved the layout of the roads, the Kalamazoo County Drain Commissioner is ready to review final construction plans, water and sewer will serve plat. The Planning Department recommends approval of Step 1 subject to legal opinion showing ownership, no direct lot access onto 11th Street, street names will require approved by Kalamazoo County Planning and street lights installed in conformance with Township requirements.

Trustee Bushouse noted there would be three streets entering 11th Street approximately 200 feet apart. Ms. Bugge advised the developer had requested one be a cul-de-sac but the Kalamazoo County Road Commission would not approve it.

Motion by Brown, second by Everett to grant Tentative Preliminary Plat approval to Rose Arbor No. 3 subject to the conditions recommended by the Planning Commission. Carried.

TOWNHIP SIGNS-OSHTEMO BUSINESS ASSOC/OSHTEMO ROTARY

Millard Loy, President of the Oshtemo Business Association presented a proposal for purchase of Township signs to be placed a five entrances to the Township. The proposal is in conjunction with the Oshtemo Rotary. Request is for the Township to purchase three of the signs. Cost for each sign is $1,200.00. Mr. Loy noted the signs would be meet the sign ordinance requirements, would have area designated for service groups and churches to advertise and would be placed at the east and west ends of Stadium Drive and West Main and one at the northeast corner of South 9th Street and West N Avenue. He indicated the property owner at that intersection had given verbal permission for the sign placement. He also commented that maintenance would be handled by their organization and others they would ask to participate.

In discussion concerning placing the signs on private property or in the road right of way, Attorney Mason felt some research should be done with regard to easements, expenditure of Township funds for signs, which would be advertising private interests, etc.

Ted Corakis, 7080 West N Avenue, commented he didn't feel there would be anything illegal about the signs, the Oshtemo Business Association has worked hard on this project, and urged the Board to approve them.

Motion by Bushouse, second by Brown to table the item to the May 8th meeting subject to legal opinion of the attorney.

OTHER BUSINESS

Ted Corakis commented that he noticed some people in the audience do not stand for the Pledge of Allegiance to pay respect for the flag and felt that if they don't wish to stand they should leave the room before it's said.

Trustee Bushouse commented that the Personnel Committee is reviewing the personnel policy and had requested comments and suggestions from Board members. He advised they did not receive comments from all Board members and would like them before their next meeting or will assume they none.

He further commented that he was not present at the last meeting when the position of deputy supervisor/township manager was proposed and in the review of the personnel policy the committee would also ask input relative to that position so a job description can be assigned. He asked Board members to take a look at the information provided and advise the Personnel Committee of any suggestions or comments so the description can be provided and brought back to the Board.

Mr. Bushouse also commented he felt the Board workshop the previous Saturday was very beneficial and he is looking forward to working with the guidelines that were handed out; it is in the best interest of the Township and the Board as representatives of the people to take the board "rules of engagement" and adopt a procedure to be used on a consistent basis.

Trustee Brown commented she also found the workshop informative but felt the guidelines need to be tailored to Township's needs and perhaps the Board as a committee of the whole or a separate committee could work on this.

Trustee Bushouse commented that at the previous Zoning Board of Appeals meeting it was brought to his attention there is a question about when an attorney is used and how. He advised the ZBA would like to be on record that they do appreciate the attorney sitting at the meeting offering advice and there have been occasions when the attorney has given advice the Board was not aware of which would have legally effected a decision, therefore, as the Township representative on the ZBA he was bringing that message from the Board and unless there is a major policy change they will continue to do the same.

Clerk Everett advised that eight applications had been received for the Trustee position.

Procedure for interviews and scheduling were discussed. It was felt two sessions would be needed; four would be interviewed at the first session held at a special meeting on May 1st and the remaining four at the regular meeting on May 8th. It was noted that the interviews could begin after public comment has been heard in the public comment portion of the May 8th meeting, the applicants should be contacted in alphabetical order and Trustee Bushouse requested that the attorney provide guidelines as to questions that are not allowed to be asked during interviewing.

Motion by Everett, second by Brown to contact applicants alphabetically and set a special meeting for 4:00 p.m. on May 1st for interviewing four applicants and the remaining four interviewed at the regular May 8th meeting. Carried.

Trustee Bushouse advised that Nelson Harms, a Township resident had donated a POW/MIA flag to the township and requested it be displayed at the Township Hall.

Motion by Bushouse, second by Culp to display the POW/MIA flag at the Townshp Hall. Carried.

Trustee Brown noted the ropes on the flags at the Township Hall need attention.

In response to a question from Trustee Bushouse, Engineer Snell advised the 7th Street water installation is set for May, no specific date has been given.

There was no further business and the meeting was adjourned at approximately 8:15 p.m.

DEBORAH L. EVERETT
Township Clerk

Attested: John VanDyke
Supervisor