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OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

April 8, 2003

Public Comment session was held at the Township Hall. Supervisor VanDyke called the meeting to order at 6:00 p.m.

PRESENT:
Supervisor John VanDyke
Clerk Deb Everett
Treasurer Nancy Culp
Trustee Lois Brown
Trustee Ted Corakis
Trustee Stan Rakowski

Also present was Patricia Mason, Township Attorney, Marc Elliott, Township Engineer, Mary Lynn Bugge, Planner, and 5 interested people.

PUBLIC COMMENT

The Board reviewed previous discussions regarding sidewalks including requirements of the Kalamazoo County Road Commission, requiring sidewalks in new developments, maintenance, etc. Consensus was to continue the discussion at the April 22nd work session with more information from the KCRC.

Supervisor VanDyke called the regular meeting to order at 7:20 p.m.

PRESENT:
Supervisor John VanDyke
Clerk Deb Everett
Treasurer Nancy Culp
Trustee Lois Brown
Trustee Ted Corakis
Trustee Stan Rakowski

Also present was Patricia Mason, Township Attorney, Marc Elliott, Township Engineer, and approximately 15 interested people.

Motion by Brown, second by Culp to approve the minutes of the March 24th regular and March 27th special meetings. Carried.

Income to the General and Fire Funds of $1,857,090.27 and disbursements of $113,675.56 were reported. Motion by Rakowski, second by Corakis to accept the report as presented. Carried.

CITIZENS COMMENTS

Wayne Taylor, owner of property on Stadium Drive expressed concern regarding increased sewer fees and how they will affect his ability to sell his property.

Motion by Everett, second by Culp to refer the item to the Sewer/Water Committee for discussion with Mr. Taylor. Carried.

LAWN MAINTENANCE BIDS

Supervisor VanDyke advised thirty bid requests were mailed, sixteen were received, of which ten were complete. He then reviewed each bid. Tally sheet on file in Clerk's Office.

Clerk Everett commented she would recommend awarding the bid to Niewoonder & Sons as they did a good job last year, their bid is second lowest with not a great difference in price on the per mow bid. She further commented consistency should be considered, especially where the cemeteries are concerned.

Trustee Corakis felt the low bid from Four Seasons should be accepted; there was concern last year about going with the low bidder and this situation is the same. Supervisor VanDyke inquired of the Four Seasons representative present the number of pieces of equipment and personnel they have. He also asked for clarification of their per season bid. The representative advised they have three riders and six walk behinds, and after reviewing the per season bid acknowledged it was incorrect but would be honored.

Scott from Superior Lawn Maintenance commented he wished to introduce himself to the Board, felt he presented a good bid and references and cautioned low bid is not necessarily the best.

Bob Janssen, 8670 Almena Drive, commented he would recommend Niewoonder & Sons.

Motion by Everett, second by Rakowski to award the 2003 lawn maintenance contract to Niewoonder & Sons on a per mow basis. Roll call vote showed Brown-yes, Corakis-no, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-no.

COMPUTER SYSTEM UPGRADE

Treasurer Culp advised a new server is needed for the township computer system. The current server is five years old with intermittent problems including problems with saving back up files. She recommended purchasing a Dell PowerEdge 2650 server, tape back up unit and necessary licenses at a total cost of $6,846.60 plus installation.

Motion by Brown, second by Everett to approve an expenditure of $6,846.60 plus installation for a new computer server. Carried.

EXPANSION OF POLICE DISTRICT

A description of the proposed police special assessment district expansion was presented along with the assessor's calculations. The expansion would include the future apartments on Croyden, the northeast, southeast, and southwest corners of West Main and North 10th Street, the commercial node at West Main and North 9th Street, and the area west of Drake Road, south of Green Meadow along both sides of KL Avenue to 131 and the north side of KL west to include the Jefferson Commons development. It was noted the two parcels intended to be included on the southwest corner of West Main and Lodge Lane were not shown on the map presented.

Motion by Everett, second by Culp to acknowledge receipt of the proposed district information, correct the map and description to show the two parcels at the southwest corner of West Main and Lodge Lane and set a public hearing for May 13th. Roll call showed Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes.

HAWKERS/PEDDLERS ORDINANCE AMENDMENTS

Amendments to the Hawkers/Peddlers Ordinance were presented for consideration. The amendments would eliminate the provisions requiring registration of children under the age of 18 on behalf of a school, charitable or religious organization, require description and license plate number for all vehicles to be used, and establish a fee for less than a 30 day license.

Motion by Culp, second by Brown to set the text amendments for Second Reading on April 22nd. Roll call showed Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes.

TEXT AMENDMENTS

OUTDOOR ASSEMBLY, PLANT GROWTH & OPEN BURNING ORDINANCES

Text amendments to the Outdoor Assembly, Plant Growth and Open Burning Ordinances were presented for consideration. The text amendments are necessary to correct references to the previous Ag-Rural district and include the recently adopted Agricultural and Rural Residential districts. After Board discussion there was consensus the term "agricultural burns" should be defined in the Open Burning ordinance.

Motion by Culp, second by Everett to insert a definition of "agricultural burns" in the Open Burning ordinance and set the text amendments for Second Reading on April 22nd. Roll call showed Culp-yes, Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes, Corakis-yes.

LAWN SPRINKLER BIDS

Supervisor VanDyke advised the bids would be available at the April 22nd meeting.

APPOINTMENT OF LEGAL COUNSEL

Attorney Mason advised she will be leaving the firm of Lewis, Allen & Reed effective April 9th and joining the firm of Bauckham, Sparks, Rolfe, Lohrstorfer & Thall. The Board had also received a letter from Richard Reed of Lewis, Reed & Allen dated March 31st advising their withdrawal as general counsel to the Township due to their representation of other long standing clients that could be perceived as a conflict of interest.

Special counsel from Lewis, Reed & Allen could be retained for specialized issues, i.e., the landfill issue and current tax appeals.

Trustees Corakis and Rakowksi expressed interest in considering an in house attorney.

Motion by Everett, second by Culp to appoint the firm of Bauckham, Sparks, Rolfe, Lohrstorfer & Thall, P.C. as Township General Counsel, retaining Mike Ortega of Lewis, Reed & Allen, P.C. as special counsel for the KL Landfill issue and Richard Reed of Lewis, Reed & Allen, P.C. as special counsel for the Meijer tax appeal. Roll call vote showed Everett-yes, Rakowski-yes, VanDyke-yes, Brown-yes, Corakis-yes, Culp-yes.

OTHER BUSINESS 11TH STREET SEWER EXTENSION

Engineer Marc Elliott reminded the Board a resolution was adopted in June 2002 to work with the Kalamazoo County Road Commission to extend sewer in South 11th Street from Crystal Lane to Parkview Avenue when KCRC reconstructed South 11th Street. He advised this project is ready to commence and requested the Board approve a bid in the amount of $52,262.69 for the sewer extension. He advised the project would include lateral leads to adjoining properties.

Motion by Corakis, second by Rakowski to authorize execution of the agreement with the Kalamazoo County Road Commission in the amount of $52,262.69 subject to Township attorney review. Roll call showed Rakowski-yes, VanDyke-yes, Brown-yes, Corakis-yes, Culp-yes, Everett-yes.

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John Bauckham, of Bauckham, Sparks, Rolfe, Lohrstorfer & Thall welcomed the Township as their client and commented on their extensive municipal law resources.

BOARD MEMBER COMMENTS

Trustee Rakowski inquired if letters of welcome are sent to new businesses that locate in the Township.

He also advised he had received favorable comments from a tax accountant regarding the assessing and tax information available on the Township web site.

In response to questions at a previous meeting by Trustee Bushouse, he advised repairs to a broken windshield did not have the deductible waived, an invoice listed as brake repair also included repair of a starter.

Mr. Rakowski also advised several members of the Fire Department recently attended the FDIC conference, receiving extensive training in several different area

There was no further business and the meeting was adjourned at approximately 8:45 p.m.

DEBORAH L. EVERETT
Township Clerk

Attested: JOHN VANDYKE
Supervisor