THE CHARTER TOWNSHIP OF OSHTEMO

Township Board Minutes

May 11, 1999

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 Elaine Branch
Treasurer Lois Brown
Trustee Norman Anderson
Trustee Marvin Block
Trustee David Bushouse
Trustee Fred Johnson

Also present was Richard Reed, Township Attorney and Robert Snell, Township Engineer along with 3 interested people.

Motion made by Johnson, seconded by Block to approve the minutes of our last meeting on April 27, 1999, as corrected. Carried.

Income to the General Fund of $25,510.72 and disbursements of $102,744.47 were reported. Fire Fund income was $22.00 with disbursements of $42,643.72. Motion made by Anderson, seconded by Johnson, to acknowledge the receipts and pay the bills. Carried.

CITIZENS COMMENTS

NONE

LANDFILL COST-SHARE GRANT AWARD

Supervisor Fleckenstein reported that again this year Oshtemo Township has qualified to receive a reimbursement of expenditures related to the cleanup of the West KL Avenue Landfill. The funding is made possible through the Department of Environmental Quality (DEQ), Brownfield Redevelopment Board.

In order to receive the grant, in the amount of $10,937.50, a resolution must be adopted indicating our intent to pursue any insurance coverage for eligible costs. In addition, it would be necessary to sign an agreement with the DEQ.

Motion made by Anderson, seconded by Block to authorize the Supervisor and Clerk to sign the agreement and to adopt the needed resolution. Roll call showed: Anderson - yes Block - yes Brown - yes Branch - yes Bushouse - yes Johnson - yes Fleckenstein - yes

SALE OF LOTS TO WAREHOUSE DISTRIBUTORS

As authorized by the Board on March 23, 1999, Supervisor Fleckenstein negotiated the sale of two parcels, 35-205-090 and 35-205-100, to Jack Siegel representing Warehouse Distributors. The two parcels were appraised at a total of $10,000 and the Building Committee recommended entering into a sales agreement for that amount.

The Board was presented with the sales agreement along with Exhibit B which provides a Reservation of Easement For Ingress and Egress and Parking. The Township would be allowed to use the parking lot for those occasions when extra parking would be needed.

In response to a concern voiced by Trustee Bushouse, Attorney Reed agreed to amend the easement agreement, defining the maintenance standards that would be required.

Motion made by Branch, seconded by Brown to enter into a sales agreement with Mr. Siegel as prepared, with the amendment regarding the maintenance. Carried.

ANTI-NOISE AND PUBLIC NUISANCE ORDINANCE

As a result of a complaint last winter about snow removal equipment, an amendment to the Township's Anti-Noise and Public Nuisance Ordinance was prepared for the Board's consideration. Due to this complaint about the noise from a snow blower near a residential neighborhood early in the morning, it was discovered that our ordinance does not address snow removal equipment.

Section 214.004 A. 3. would be amended to include the following sentence; Noises caused by snow removal activities occurring at any time are excluded, provided such noise does not exceed the limitations specified in Section IV(A) by more than 20dB(A).

Motion made by Block, seconded by Johnson to set the ordinance for First Reading on
May 25.

During the discussion, it was pointed out that snow plowing trucks are required, by OSHA, to have a backup signal with at least a decibel reading of 85. Our proposed amendment would make it a violation be over 75 decibels. It was further suggested that to some people the lights could be just as much problem.

There was also concern that we would be placing regulations on the whole township, due to one persons complaint. We have tried to keep out of neighbors disputes.

After further discussion, the motion and second was withdrawn. It was agreed to take no action at the present time.

REVISION OF THE 1999 ROAD PROJECTS

Clerk Branch, reporting for Road Committee, stated that as a result of favorable bid prices, the Township would be able to complete additional road projects. In order to make use of the Par Funds available, they recommended adding the following projects to the 1999 Road Projects list:

    Micro-Seal - Oak Highlands and the short cul-de-sac streets running off of
    Cross Country Dr.

Motion made by Branch, seconded by Anderson to approve these additional projects to use our Par Funds. Carried.

OTHER BUSINESS

INTERVIEWS FOR TOWNSHIP CLERK -

Trustee Block reported that the Personnel Committee had received two applications for the position for Township Clerk. One from Debbie Everett and the other from Theresa Paddock. It was their plan to conduct interviews at a special meeting of the Board on May 18 with the vote on the appointment to be May 25, effective June 1.

Attorney Reed stated the law would not allow the appointment (or vote on the appointment) to take place more than 30 days prior to the vacancy. Therefore, with the Clerk's resignation effective July 1, the vote for the replacement could not be before June 1.

It was then decided to conduct the interviews on May 25 and hold a special meeting on
June 1, in order to make the appointment.

ANTI-NOISE/SNOW REMOVAL -

Attorney Reed returning to the issue of regulation of noise made by snow removal equipment, explained to the Board that because the current ordinance does not refer to snow removal equipment, they are restricted to 55 decibels. He suggested that the issue should be revisited.

There was no further business and the meeting adjourned at 8:05 p.m.

ELAINE J. BRANCH, CMC
Township Clerk

Attested:
RON FLECKENTEIN
Supervisor

Date Approved: