OSTLOGOL.GIF (2116 bytes)

OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

April 9, 2002

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 Tom Brodasky
Trustee Lois Brown
Trustee Dave Bushouse
Trustee Jim Worline

Also present was Patricia Mason, Township Attorney, Marc Elliott, Township Engineer, and 1 interested person.

PUBLIC COMMENT

None.

The Kalamazoo County Road Commission had been invited to attend the meeting. Commissioners Lara Meeuwse, William French, Reed Youngs, and Managing Director Ron Reid were present. Discussion included the current Stadium Drive project and the need for communication concerning long range planning for infrastructure.

Supervisor VanDyke called the regular meeting to order at 7:00 p.m.

PRESENT:
Supervisor John VanDyke
Clerk Deb Everett
Treasurer Nancy Culp
Trustee Tom Brodasky
Trustee Lois Brown
Trustee Dave Bushouse
Trustee Jim Worline

Also present was Patricia Mason, Township Attorney, Bob Snell and Marc Elliott, Township Engineers, Mary Lynn Bugge, Planner, and approximately 9 interested people.

Motion by Brodasky, second by Brown to approve the minutes of the March 26th meeting. Carried.

Income to the General and Fire Funds of $61,012.57 and disbursements of $94,766.21 were reported. Motion by Worline, second by Brown to accept the report as presented. Carried.

CITIZENS COMMENTS

None.

LAWN MAINTENANCE BIDS

Trustee Brown suggested the six bids received for lawn maintenance be referred to the Buildings & Grounds Committee for evaluation and recommendation commenting that analysis was needed at the committee level. Trustee Brodasky concurred noting there were a lot of numbers to consider.

Brian Molony, owner of Rollerworld, 7491 Stadium Drive, inquired if this is a new procedure.

Trustee Brown responded she felt is a more fair approach with time to analyze the information and she hoped it would be the practice of the Board.

Mr. Molony commented bids were to be in by a certain date, opened then read, and in the past additions were put on without every contractor being able to adjust their bid; everyone had the same criteria, if they did not bid properly it should be thrown out. Clerk Everett stated if the committee felt that something needed to be changed, everyone who submitted a bid would be invited to change their bid.

Charlie Hadaway, owner of Hadaway & Sons, commented he felt the entire process should be moved to earlier in the year.

Trustee Worline commented he would be comfortable voting, he received the information last Friday. Treasurer Culp commented she was also ready to vote on the issue.

Motion by Brown, second by Brodasky to refer the bids to the Buildings & Grounds Committee for evaluation and recommendation. Carried with Culp and Worline voting no.

Trustee Bushouse commented that when considering the amount spent on lawn maintenance and snow removal he hopes the committee in their analysis and for next year's budget would consider some type of full time employee for perhaps a more efficient system.

FIREWORKS PERMITS POLICY

A proposed policy for fireworks permits that would in addition to adherence to State law, require a bond or insurance of at least 1 million dollars was presented. Trustee Bushouse commented his concern had been when the Township issues a fireworks permit an obligation exists that all conditions of the proposed site are satisfactory and he feels a higher performance bond is needed in case of any liability.

Motion by Brodasky, second by Brown to adopt the resolution establishing a fireworks permit policy. Roll call vote showed Brodasky-yes, Brown-yes, Bushouse-yes, Culp-yes, Everett-yes, VanDyke-yes, Worline-yes.

PLANNING COMMISSION RECOMMENDATION - TEXT AMENDMENT - CHILD CARE CENTERS

A recommendation from the Planning Commission to add a definition of child care center to reflect the State definition for licensed child care conducted outside a private residence, add child care centers as a special exception use in the R-3 district subject to the same criteria as office buildings, change the term "day nurseries" to "child care centers" in the R-4 and C districts, change the wording from "child or adult day care centers" to "child care centers and adult day care centers" in the VC district, to have consistent wording throughout the ordinance, and update reference to "screening" in R-3 special exception uses to reflect the current landscape requirements was before the Board for First Reading.

Motion by Everett, second by Worline to approve the amendment and set Second Reading for April 23rd. Roll call vote showed Brown-yes, Bushouse-yes, Culp-yes, Everett-yes, VanDyke-yes, Worline-yes, Brodasky-yes.

PLANNING COMMISSION RECOMMENDATION - CONFOMITY TO SITE PLAN

A recommendation from the Planning Commission that would require record construction drawings be submitted and signed by a licensed contractor, architect, engineer, or landscape architect when a Certificate of Occupancy is requested, and in the case of one and two family developments, record construction drawings of the site development would be required prior to issuance of a building permit for any residential construction was before the Board for First Reading.

Trustee Bushouse commented he has serious concerns about the unnecessary financial burden he feels is being placed on 95-98 % of developers in the Township and in his recollection of over 30 years only knows of three developers that have not complied with a site plan fully and caused problems after the fact. He further commented the proposed ordinance as he understands it applies only to land and ground improvements; improvements underground such as electric, telephone and cable are all items Miss Dig can locate, a sanitary sewer line would allow not the opportunity to find it without digging it up. He further commented the Township accepts a site plan, tells the developer to do the work and does nothing to check in the process to see that it is being done; there should be a performance bond that is applied when the final plan is done if it does not comply. He then commented he feels the problem is being attacked at the end instead of solving it up front.

Planner Mary Lynn Bugge responded if someone submits a site plan and develops accordingly, all they have to do is present a site plan with no changes and sign it indicating it has been developed according to the plan, and no additional expenses would be incurred.

In response to further concerns of Trustee Bushouse, Attorney Mason noted that when occupancy is requested, the Planning Department does inspect a site for observable aspects such as parking, landscaping, and lighting, and it is the unobservable items licensed professionals are being asked to certify.

Engineer Elliott commented he participated in the process with the Planning Commission and shared concerns he initially had, however, he felt if the contractor who performed the work indicated any changes made, and there would not be much if any additional cost. He further commented this closes the loop as to what the design is versus the actual field experience.

Motion by Worline, second by Brodasky to approve the amendment and set Second Reading for April 23rd. Roll call vote showed Bushouse-no, Culp-yes, Everett-yes, VanDyke-yes, Worline-yes, Brodasky-yes, Brown-yes.

DISCUSSION WITH ATTORNEY - PENDING LITIGATION

Motion by Brown, second by Brodasky to adopt a resolution to adjourn to closed session to discuss a matter of pending litigation with the Attorney. Roll call vote showed Culp-yes, Everett-yes, VanDyke-yes, Worline-yes, Brodasky-yes, Brown-yes, Bushouse-yes.

The Board adjourned to closed session at approximately 7:40 p.m.

The Board reconvened at approximately 8:10 p.m.

Motion by Brown, second by Everett to allow Trustee Brodasky to abstain from voting on this matter. Carried.

Motion by Worline, second by Culp to authorize the Attorney to pursue appeal. Roll call vote showed Everett-yes, VanDyke-yes, Worline-yes, Brodasky-abstain, Brown-yes, Bushouse-yes, Culp-yes.

BOARD MEMBER COMMENTS

Trustee Brodasky advised the new Township facilities signs are complete; he will coordinate installation with Ordinance Enforcement Officer Paddock for proper placement.

Trustee Worline commented that he supports using Board committees, and there should be a policy established that items will be sent to the appropriate committee before coming before the Board. He also requested the Buildings & Grounds Committee to look at all factors of the lawn bids, not just the lowest price.

Trustee Bushouse commented the Township is not legally obligated to accept low bid as long as it is stated in the bid procedure.

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