OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

December 21, 2004

The Oshtemo Township Board 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 Dave Bushouse
Trustee Ted Corakis
Trustee Neil Sikora

Also present were James Porter, Township Attorney, Bob Snell and Marc Elliott, Township Engineers, Planning Director Jodi Stefforia, and 1 interested person.

Stadium Drive Property - Planning Director Stefforia advised the Board she had discussed the deed restrictions recently approved by the Board with two interested parties. She advised Maverick Realty and Development wished to make an offer compliant with the deed restrictions. She further advised Oshtemo Properties, LLC requested the landscaping requirements be reduced.

Clerk Everett commented she would not be in favor of relaxing the landscaping requirements given the vision is for the property to develop in a more park like setting for compatibility with the planned Township park at the rear of the property. Other Board members concurred.

Motion by Culp, second by Everett to accept the offer from Maverick Realty and Development as provided in their letter of intent dated December 6, 2004, contingent upon receiving a non-refundable deposit of $2,000.00, and allowing a six month period for the buyer to obtain necessary financing. Carried.

2005 Goals - The Board reviewed the 2004 goal list noting several had been accomplished and some were still ongoing:

Sewer/Water - Consensus was the need to continue discussion with the City of Kalamazoo and other entities regarding management of sewer and water. Supervisor VanDyke advised Wastewater Management will provide a presentation of their system on January 24th at 10:00 at the Township Hall.

Police Protection - Discussion regarding police protection included the need to study further expansion of the police special assessment district, consider a police protection millage, and the need to renegotiate the police protection agreement with the County. Supervisor VanDyke advised he and Attorney Porter had attempted to discuss the existing contract with the County regarding items currently charged for but not listed in the contract as being the financial responsibility of the Township.

Goals accomplished include development of the Midwest Aluminum/Viking property with the acquisition of the property by the Township, the Township web page has been updated, and election equipment has been replaced.

Goals ongoing include inviting neighboring communities to meet with the Board, updating the park plan, pursuing an addition to the Township Hall, and monthly committee reports.

Supervisor VanDyke called the regular meeting to order at 7:05 p.m.

Also present were James Porter, Township Attorney, Bob Snell and Marc Elliott, Township Engineers, and approximately 10 interested people.

Trustee Corakis noted the December 9th minutes should be corrected to reflect he was not present. Motion by Corakis, second by Sikora to approve the minutes of the December 7th Special, December 9th Special, and December 14th Regular meetings as corrected. Carried.

Income to the General and Fire Funds of $ 5970.98 and no disbursements were reported. Motion by Corakis, second by Sikora to accept the receipts and disbursements report. Carried.

CITIZENS COMMENTS

None.

SEWER/WATER ORDINANCES, FEES, WEST H AVENUE PROJECT

The proposed Public Water Service Ordinance and text changes to the Wastewater Service Ordinance were before the Board for Second Reading.

Tim Mallet, 7404 West H Avenue, inquired if the ordinances included fees and charges. Attorney Porter advised they do not.

Motion by Everett, second by Culp to adopt the ordinance and text changes. Roll call showed Bushouse-yes, Corakis-yes, Culp-yes, Everett-yes, Sikora-yes, VanDyke-yes.

TEXT AMENDMENTS FALSE ALARM, HUNTING AREA CONTROL & BURNING ORDINANCES

Text amendments to the following ordinances were before the Board for Second Reading:

False Alarm - to clarify charges and add emergency medical alarms to the ordinance.

Hunting Area Control - to clarify title by adding no discharge of firearms

Burning - to correct text to read Court instead of County

Motion by Bushouse, second by Culp to adopt the text amendments. Roll call showed Corakis-yes, Culp-yes, Everett-yes, Sikora-yes, VanDyke-yes, Bushouse-yes.

2005 POLICE PROTECTION AGREEMENT ADDENDUM

The 2005 addendum to the Police Protection Agreement was before the Board. There was additional discussion of concerns regarding the language of the current contract Supervisor VanDyke and Attorney Porter had attempted to address with Kalamazoo County officials as discussed during the earlier board session. Discussion included investigating other avenues for police protection.

Motion by Culp, second by Bushouse to approve the agreement for a six month period and direct communication to Kalamazoo County advising a new contract is expected to be negotiated. Carried.

PURCHASE OF PRINTER

Treasurer Culp advised a new printer is needed for printing of tax bills and assessment notices and requested Board approval for a purchase in the amount of $2,179.99. She further advised the printer currently being used for these purposes can be utilized elsewhere.

Motion by Corakis, second by Everett to approve the purchase in the amount of $2,179.99. Carried.

APPONTMENT OF ENGINEERING, LEGAL, FINANCIAL CONSULTANTS AND DEPOSITORIES FOR 2005

Tim Mallett inquired how long the current consultants had been used by the Township and if bids were ever sought from others. He commented he has seen several site plans presented by an engineer from the Township's engineering firm, Prein & Newhof and it could present the appearance of impropriety.

It was noted there is a need for consistency and historical knowledge with a potential change in board members every four years. It was also noted plans are reviewed by an outside firm if there is a conflict.

Motion by Everett, second by Bushouse to retain Prein & Newhof as Township Engineers, Siegfried, Crandall as Township Auditors, Bauckham, Sparks, Rolfe, Lohrstorfer, & Thall as Township Attorneys and approve the list of depositories as presented by the Treasurer. Carried.

2005 MEETING DATES

Township Board meetings will be held the second Tuesdays of the month with a Board work session at 5:00 p.m. and Regular meeting at 7:00 p.m. and the fourth Tuesdays of each month with a Public Comment session at 6:00 p.m. and Regular meeting at 7:00 p.m. The Board agreed to hold only one meeting in January, February, and July, all those being on the second Tuesday, and change the December meeting dates to the first and third Tuesdays. It was noted these dates will be posted on the Township web site.

Motion by Corakis, second by Sikora to adopt the meeting dates as discussed. Carried.

COMMITTEE ASSIGNMENTS

Committee assignments for the new term:

Board Appointment - Rakowski, Sikora, VanDyke

Building & Grounds - Bushouse, Corakis, VanDyke

Personnel - Bushouse, Everett, Rakowski

Parks - Bushouse, Corakis, Sikora

Roads - Corakis, Everett, Rakowski

Sewer/Water - Bushouse, VanDyke, Culp

Election Commission - Everett, Corakis, Rakowski

Planning Commission Representative - Everett

ZBA Representative - Bushouse

Building/Fire Code Appeals - Bushouse

Fire Commissioner - Rakowski

Technology Committee - Culp, Everett

Metro Transit Representative - Corakis

Trustee Corakis commented he would like to see two citizens serve with the Fire Commissioner. Attorney Porter advised he would review the statute regarding board committees.

Motion by Sikora, second by Corakis to approve the committee assignments. Carried.

2004 BUDGET ADJUSTMENTS

Adjustments to the 2004 budget prepared by Clerk Everett and Accountant Mike Crandall were presented.

Motion by Corakis, second by Bushouse to approve the 2004 budget adjustments. Carried.

OTHER BUSINESS

REQUEST FOR ONE DAY LIQUOR LICENSE

A request from the American Red Cross for a one day liquor license for a fund raising event to be held at the National Guard Armory was received.

Attorney Porter noted a resolution of local approval is required due to the event being held at a military installation. Trustee Bushouse expressed concerns regarding Township liability and felt the Township should be named as an insured. Consensus was to direct the Attorney to pursue more information regarding need for Township approval and liability coverage.

Motion by Bushouse, second by Corakis to table the item to the January 11th meeting. Carried.

IFT APPLICATION - HARRISON PACKAGING

Attorney Porter advised an application for an Industrial Facilities Exemption had been received from Harrison Packaging. He noted a district must be established prior to considering the application.

Board consensus was to hold a public hearing at the January 11th meeting to consider the district.

BOARD MEMBER COMMENTS

Trustee Bushouse advised on progress regarding making utilities available to the Drake House.

Trustee Corakis advised the Kalamazoo City Commission had approved the proposed agreement to merge Metro Transit and Kalamazoo County Care-a-Van; the agreement will be acted on by the County Board at their next meeting.

Clerk Everett commented on the Planning Commission discussion regarding the flag pole height issue being returned to them; they will be looking a language regarding definition of a flag and basing flag pole height on parcel size and setback. Trustee Bushouse commented he had the opportunity to see two different Belle Tire stores recently and observed the flags are not all standard size as indicated by their representative.

There was no further business and the meeting was adjourned at approximately 7:50 p.m.

DEBORAH L. EVERETT
Township Clerk
Attested: John VanDyke
Supervisor