THE CHARTER TOWNSHIP OF OSHTEMO

Township Board Minutes

January 25, 2000

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

PRESENT:
Supervisor Ron Fleckenstein
Clerk Deb Everett
Treasurer Lois Brown
Trustee Norm Anderson
Trustee Marvin Block
Trustee David Bushouse
Trustee Fred Johnson

Also present was Richard Reed, Township Attorney, Bob Snell and Rom Vuddagiri, Township Engineers, MaryLynn Bugge, Planner, Bob Horton, Building Official, Scott Paddock, Ordinance Enforcement Officer, and 6 interested people.

Motion made by Block, seconded by Anderson to approve the minutes of the January 11, 2000 meeting as prepared. Carried.

Income to the General Fund of $12,939.42 and disbursements of $72,810.72 were reported. Income to the Fire Fund of $2,533.50 and disbursements of $528,423.84 were reported. Motion made by Anderson, seconded by Block to acknowledge the receipts and pay the bills. Carried.

CITIZENS COMMENTS

Kadir Mohmand, 6147 Old Log Trail, read a statement which included the following comments:
He has not received information requested regarding the placement of the 9th Street extension, only the attorney and engineer benefit from not providing him with the information, why doesn=t the township hire in house counsel and engineer, the Board should resign, and he encourages residents to support residents like John VanDyke and others who will run for the Board.

PROPOSED ORDINANCE-ADULT REGULATED USES

The proposed ordinance regarding Adult Regulated Uses was before the Board for First Reading.

Motion made by Block, seconded by Johnson to set the proposed ordinance for Second Reading on February 8th. Carried.

PROPOSED AMENDMENT-COMMUNICATION TOWERS ORDINANCE

MaryLynn Bugge, Township Planner presented a recommendation from the Planning Commission to amend the Communications Tower Ordinance, primarily to simplify the existing text, clarify existing requirements, permit some flexibility regarding setbacks and fencing, provide for administrative approval of normal antenna co-location requests and require owners of towers and equipment to provide updated information annually.

In response to Board members questions, Ms. Bugge advised that any modification in a tower would require site plan approval, a model ordinance from Kalamazoo County was basically adopted originally, however, after having it in place for a year and having had a number of co-location requests, the Planning Department felt these changes would help the process, the applicants and the Board, who has reviewed the same type of requests several times, the ordinance encourages co-location and requirements would remain in place regarding engineering reports, structural analysis, and inspection reports.

Motion made by Brown, seconded by Block to accept the Planning Commission recommendation of the ordinance amendment and set the First Reading for February 8th. Carried.

PROPOSED AMENDMENT-NOISE ORDINANCE

Ordinance Enforcement Officer Scott Paddock presented a recommendation to amend the Noise Ordinance to treat snow removal as an essential service and exempt it as a violation. Mr. Paddock advised the Board he had received one complaint from a resident last year and again this year regarding snow removal at the office complex located at West Main and Lodge Lane. Further, the snow removal contractor has advised him that some employees arrive at work between 5:30 a.m. and 6:00 a.m., the snow and ice removal must be completed before people arrive to make it a safe environment, therefore, the work is done between 2:00 a.m. and 4:00 a.m., depending on the amount of snow. Mr. Paddock further advised the resident who filed the complaint advised he was speaking for the entire neighborhood but had offered no evidence of such, i.e., a petition or letter.

In response to Board members questions, Mr. Paddock advised the complaint is about the snow blowers used to clear sidewalks, a decibel reading had been taken of the equipment and the contractor had modified the equipment as much as possible.

Treasurer Brown commented it would make sense that snow plowing be the exception to the rule given that the County sends trucks out and police alerts are issued at particular snowfall amounts or conditions, and keeping parking lots safe goes along with that scenario. She further commented that most of us see snow plowing as an essential service and while sympathizing with the complainer, recognizes that other noises can disturb people at night also.

Motion made by Brown, seconded by Johnson to accept Ordinance Enforcement Officer Paddock=s recommendation to amend the Noise Ordinance and set the First Reading for

February 8th. Carried 6-1 with Bushouse voting no.

RESOLUTION AUTHORIZING SALE OF FIRE TRUCK

Supervisor Fleckenstein presented a resolution authorizing the sale of fire truck #521, which has been replaced, for a minimum bid of $30,000, sold Aas is@. He further commented that it is not compliant with regulations today in some regards and does need a lot of work and repair to make it in good usable condition. In response to questions from Board members he advised that it had been advertised in the Kalamazoo Gazette and on the Internet, we have received one sealed bid, and the value had been determined by himself and Fire Chief Ken Howe with input from the local supplier of Pierce equipment.

Trustee Bushouse commented he felt that $30,000 is too low as a minimum bid, he had inspected the truck, felt it had been kept in repair including new brakes in the last year, it would require a new system for holding the tank and some body work. Enclosing the crew cab would meet current NFPA standards, although it would not be required. He further commented he felt there is a lot of life left in the truck, and $20,000 to $45,000 invested would be sufficient for the necessary repairs.

Supervisor Fleckenstein responded the conclusion had been reached with the opinion of the representative of fire truck sales that it is a fair bid, it will be a good truck for some fire department and usable for probably many years to come assuming its treated with a great deal of respect.

Motion made by Block, seconded by Everett to adopt the resolution to authorize the sale of the truck. Roll call vote showed Bushouse-no, Johnson-yes, Block-yes, Anderson-yes, Treasurer-Brown-yes, Everett-yes, Fleckenstein-yes.

RESOLUTION-AMENDMENT TO STATE CONSTRUCTION CODE

Building Official Bob Horton presented to the Board information on the new law signed by the Governor enacting changes to the State Construction Code.

In answer to Board members questions, he advised the changes will be in phases, the first including the electrical code, requirements for agricultural buildings, stair geometry, appeals from local boards of appeal, fees and permit application forms. He also commented that the code will be the same throughout the state, inspectors will continue to get their training through Act 54 from the State, training will be available to building contractors through their own organizations and the building department, and the decision of a local board of appeals could be appealed to the State.

Attorney Reed advised adopting a resolution would allow enforcement to be handled by the Township rather than the State, but the content of the code is dictated by State statute.

Motion made by Everett, seconded by Johnson to adopt the resolution regarding the State Construction Code. Roll call vote showed Block-yes, Anderson-yes, Bushouse-yes, Johnson-yes, Everett-yes, Brown-yes, Fleckenstein-yes.

PROPOSED ORDINANCE-MICHIGAN ELECTRICAL CODE

Supervisor Fleckenstein presented a proposed ordinance to enact and enforce the Michigan Electrical Code, part of the previously discussed State Construction Code, for First Reading.

In response to Board members questions, Building Official Horton advised that the code content is the same as currently in place, that being the National Electrical Code, 1999 Edition, this ordinance will automatically update us to the current edition when the NEC is updated, authorizes the Township to enforce the code and violations are still civil infractions with fines the same as currently as place.

Motion made by Brown, seconded by Everett to set the proposed ordinance for Second Reading on February 8th. Carried.

CLOSED SESSION

Supervisor Fleckenstein presented a resolution authorizing the Board to move to a closed session for the purposes of discussing the settlement of pending litigation regarding America Nelson.

Motion made by Johnson, seconded by Anderson to adopt the resolution authorizing the closed session. Roll call showed Johnson-yes, Bushouse-yes, Everett-yes, Brown-yes, Block-yes, Anderson-yes, Fleckenstein-yes.

At 7:50 p.m. the Board adjourned to closed session.

At 8:05 p.m. the Board reconvened.

PENDING LITIGATION-AMERICA NELSON

Attorney Reed requested authorization to approve the proposed final order of settlement and submit it to the court for signature.

Motion made by Block, seconded by Johnson to authorize the attorney to file the order of settlement. Carried.

BOARD MEMBER COMMENTS

Trustee Bushouse appreciated the MTA conference and shuttle service provided.

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Treasurer Brown reported that the County has licensed BFI-Allied Waste, Best Way, Kipps Refuse and Waste Management as waste haulers for 2000.

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Trustee Block commented he would like more advanced courses at the MTA conference and thought the shuttle service worked well.

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Trustee Anderson commented on the complaints received last year on the microsealing of roads and advised that the Road Committee will be meeting with the Road Commission this week to discuss projects for this year.

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Engineer Bob Snell introduced Rom Vuddagiri who has been project manager and engineer for several Township projects including the 10th Street sewer project, the new fire station and coordinating the work on the Springwood Hills water project.

Mr. Vuddagiri presented a map to the Board showing the progress of the Springwood Hills water connections.

There was no further business and the meeting was adjourned at 8:20 p.m.

DEBORAH L. EVERETT                                                  Attested: RON FLECKENSTEIN
Township Clerk                                                                                    Supervisor