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OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

November 14, 2000

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

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

Also present was Richard Reed, Township Attorney, Bob Snell, Township Engineer, Jodi Stefforia, Planning Director, Mary Lynn Bugge, Township Planner, and approximately 58 interested people.

Motion made by Anderson, seconded by Block, to approve the minutes of the October 24th meeting. Carried.

Income to the General Fund of $28,342.57 and disbursements of $103,420.76 were reported. Fire Fund income was $808.58 with disbursements of $29,798.74. Motion made by Johnson, seconded by Anderson to acknowledge the receipts and pay the bills. Carried.

CITIZENS COMMENTS

The following people requested that items on the agenda concerning the appointment of legal, engineering and accounting firms, the Village Commercial district, compensation of elected officials, the police protection agreement, and board appointments be tabled until the new board takes office:
Kathryn Steadman, 6124 Old Log Trail
John Van Dyke, 260 North 1st Street (copy of statement filed in Supplement to minutes)
Kadir Mohmand, 6147 Old Log Trail
Brian Molony, 4334 South 12th Street
Ed Sharp, 379 West Ridge Circle

Michael Van Dam, 193 South 2nd Street, expressed concerns regarding the water contamination in his neighborhood, indicating that three more sites had been detected, and stated he feels something must be done to solve this problem.

Dan Wilkinson, developer of Sky View Estates presented a letter to the Board regarding problems with water and asked for a response in writing.

Courtney Crawford expressed concerns regarding materials displayed at the Marathon gas station on 9th Street. Supervisor Fleckenstein advised is is located in Texas Township and we would forward her concerns there.

REZONING REQUEST - STADIUM DRIVE

Planning Director Jodi Stefforia presented a Planning Commission recommendation for the rezoning of approximately 9 acres of land from R-3 to R-4 located on Stadium Drive, west of South 11th Street. She further commented that although rezoning requests are not made based on use, the applicant has requested the rezoning to allow the construction of a 150 unit assisted living facility for senior citizens. The Master Land Use Plan supports the rezoning request.

Motion made by Johnson, seconded by Brown to set the rezoning request for First Reading on November 28th. Carried.

LANDSCAPING ORDINANCE PROPOSAL

The proposed amendment to the Zoning Ordinance regarding Landscaping Objectives and a revision to the Soil Erosion Control Ordinance was before the Board for First Reading.

In response to a question from Treasurer Brown, Planner Mary Lynn Bugge reviewed the objectives of the proposal

Grace Borgfjord, 9802 Sunnywood, inquired how the proposal would affect current sites that might expand. Ms. Bugge advised landscaping requirements would be based on a percentage of additional floor space.

Brian Molony commented this is another ordinance that puts more restrictions and costs on small businesses.

Trustee Block commented this is a good ordinance with options for developers and helps maintain the rural character of the Township.

Motion made by Block, seconded by Everett to set the ordinance for Second Reading on November 28th. Carried.

OPEN SPACE COMMUNITY - AMENDMENT

A proposed amendment to the Open Space Community Ordinance was before the Board for First Reading.

In response to a question from Treasurer Brown, Planner Mary Lynn Bugge reviewed the objectives of the proposal

Motion made by Anderson, seconded by Block to set the amendment for Second Reading on November 28th. Carried.

VILLAGE COMMERCIAL DISTRICT PROPOSAL

The Village Commercial Zoning District was before the Board for Second Reading

Elaine Branch, 7654 West Main, commented that a great deal of time had been spent on this issue with input from property owners and the Village Focus Area Committee. She also commented that the Board has been careful to do what is for the good of the community, not special interests. She further commented that the items on the agenda all concern the good of the community and urged the Board to move forward with the agenda.

Kadir Mohmand stated the majority of residents do not want the Village Commercial District. He also inquired if the Board or Elaine Branch has any friendship, business contact, or family tie with Jack Siegel or Warehouse Distributors. Mr. Fleckenstein advised that question had been answered previously .

Medhi Purazrang, 7132 West ML Avenue commented that while this is good for Oshtemo, he should not pay for it.

Motion made by Block, seconded by Johnson to adopt the Village Commercial District. Roll call vote showed: Johnson - yes, Block - yes, Anderson - yes, Brown - yes, Everett - yes, Fleckenstein - yes.

FIRE DEPARTMENT PURCHASE - HEATING SYSTEM - STATION #1 BAY

Fire Chief Ken Howe presented a request to purchase a replacement heating system for the bay at Station #1. The replacement system would be radiant tube, infra-red heaters. Chief Howe advised three bids had been obtained:
Wheeler-Blaney - $9,995.00
Kalamazoo Heating - $10,120.00
Suburban Mechanical - $13,573.00

In response to questions from Treasurer Brown, Chief Howe indicated other Fire Departments who have the same type of system are satisfied with it and Mechanical Inspector Scott Paddock advised all three bidders are qualified.

John Van Dyke advised he has the same type of system at his ship and it functions well.

Ed Sharp stated he is familiar with all three bidders, would recommend anyone of them, radiant heating is a good system but make sure the bid request included all details.

Motion made by Anderson, seconded by Johnson to accept the bid from Wheeler-Blaney at $9,995.00. Carried.

REQUEST FOR EXEMPTION FROM SEWER ASSESSMENT - ROWLEY

Mr. and Mrs. Cleo Rowley, 2500 North 9th Street, were present to request that 120 feet of their 320-foot frontage be exempt from assessment regarding the sewer approved for North 9th Street.

Attorney Reed advised there is no provision in the ordinance for exemption and suggested the item be referred to the Township Engineer for review and recommendation of a policy decision.

Mr. Rowley requested that he be advised when discussion would take place.

Motion made by Block, seconded by Brown to refer this item to the Sewer & Water Committee and the Township Engineer for study and recommendation to the Township Board. Carried.

LEGAL, ENGINEERING AND ACCOUNTING/AUDITING FIRMS FOR 2001

The following firms were recommended to represent the Township in 2001:
Legal Counsel - Reed, Stover, P.C.
Engineering - Prein & Newhof
Accounting/Auditing - Siegfried, Crandall, Vos & Lewis

Barry Steadman, 6124 Old Log Trail, asked when the last time these services were open to bidding, and why they are not. He felt this item should be tabled for the new board and commented, he wondered why it was being pushed through.

Treasurer Brown advised there is reasoning and logic behind having continuity in the advice and consulting from these services; they understand the unit of government and have a history they bring. With a change in the board the consultants bring a great deal of background knowledge to new people and that history has value.

Supervisor Fleckenstein commented the best interest of the Township is being served by appointing these consultants; they have background knowledge and have dealt with many issues of the community. He further commented that when the new board takes office it is appropriate for them to establish a good working relationship with the organizations that service the community.

Trustee Block encouraged Mr. Steadman to become involved in the Michigan Townships Association and the educational programs they offer, indicating that most townships keep the consultants they have from year to year because they meet their needs.

Brian Molony inquired if rates had gone up. Mr. Fleckenstein advised we have not been advised that they have for 2001.

Kadir Mohmand commented the new board should build communication with these people; they should all sit down and talk but it should not be rushed through.

Clerk Everett commented that the continuity of the support is very important since the new day-to-day administration team of the Supervisor, Clerk and Treasurer will have a total of a year and a half of job experience. She further stated it is in the best interest of the Township to continue with the support these firms provide.

Motion made by Block, seconded by Johnson to appoint the firms recommended for 2001. Carried.

ELECTED OFFICIALS COMPENSATION - 2001

Personnel Committee Chairman Marv Block presented their recommendation for the elected officials compensation for 2001. He advised the committee met in October and further advised that over the last couple years have worked diligently on a salary chart that would have long-term use.

Trustee Block presented a resolution that would set the Supervisor's salary as of November 20, 2000 at $52,500.00 which is Level 1. beginning step on the salary chart, and moved for approval, seconded by Anderson.

Treasurer Brown commented that this recommendation like others in prior years shows a disparity between the Supervisor, Clerk, and Treasurer positions; they are all three administrative officials who run the Township and all three should be at the same level. She further commented that this is supported by Michigan Townships Association and the responsibilities for each of these offices, in one way or another is very equal; the Supervisor does not invest the Township money, the Treasurer does, the Supervisor does not run an election, the Clerk does; the Supervisor has very different responsibilities, but no more important than the Clerk and the Treasurer. She stated her support would be for equality and the three positions on the same level.

Roll call vote showed:Block-yes, Anderson-yes, Johnson-yes, Brown-no, Everett-yes, Fleckenstein-yes.

Trustee Block presented a resolution that would set the Clerk's salary as of November 20, 2000 at $48,300, which is Level 2, beginning step on the salary chart, and moved for approval, seconded by Anderson.

Clerk Everett commented that she agrees with Treasurer Brown that these three positions are equal with different responsibilities but she would not vote against her own raise because she felt she had earned it. She further commented that maybe the board in place next year will feel differently about these positions.

Elaine Branch inquired in $48,300 was step 1 on the chart. Mr Block advised it is the beginning step. Mrs. Branch commented it was her understanding that the steps on the chart were to be used to recognize either experience or years on the job and move up accordingly. She further stated she agreed with Treasurer Brown about he positions being equal but also feels there is an injustice being done putting the Clerk at the beginning step since she has been on the job for almost a year and half plus had been Deputy Clerk for 10 years. In response to Mr. Block's comment that Clerk Everett was appointed, and now has been elected, Mrs. Branch commented the responsibility was the same and she was now being put at the same level as anyone else would have and felt this was unfair.

Phil Hassing, 2952 Sunset Road, advised he was a member of the Board for 14 years, having been off for 8, and agreed with Treasurer Brown that the Clerk, Treasurer, and Supervisor should all be equal and also agreed with Mrs. Branch that this is not fair to Clerk Everett. He further commented he feels it is not fair to Treasurer-Elect Culp since she has been Deputy Treasurer for 13 years and should not be started at the bottom either.

Roll call vote showed: Johnson-yes, Brown-no, Block-yes, Anderson-yes, Everett-yes(under protest), Fleckenstein-yes.

Trustee Block presented a resolution that would set the Treasurer's salary as of November 20, 2000 at $48,300, which is Level 2, beginning step on the salary chart, and moved for approval, seconded by Anderson.

Treasurer Brown indicated Ms. Culp has been Deputy Treasurer for 13 years and has been able to step in when necessary and run the Treasurer's office effectively and efficiently. She further commented she feels the disparity between the three administrative offices could very well be corrected and both the office of Treasurer and Clerk are being treated ver unjustly.

Roll call vote showed: Anderson-yes, Block-yes, Brown-no, Everett-yes, Johnson-yes, Fleckenstein-yes.

POLICE PROTECTION AGREEMENT - 2001

An addendum to our agreement with the Kalamazoo County Sheriff Department for police protection in 2001 was presented. The amount of the agreement should be $296,964 and provide for six deputies.

Motion made by Brown, seconded by Everett to approve the 2001 Addendum to the Police Protection Agreement. Carried.

KL AVENUE LANDFILL PAYMENTS TO KALAMAZOO COUNTY

Supervisor Fleckenstein advised the Board that the consent decree involving the KL Avenue Landfill include our agreement to pay a portion of the EPA Past Cost at 12.5%. The EPA agreed to a payment schedule of eight years with the final payment being a balloon payment, which is now die November 17,2000. Kalamazoo County has been making the annual payments for all units and we have been making out payment to them. He further advised the Township share of the balloon payment is $147,812.76, which Kalamazoo County has offered to make and allow us to continue making annual installments to them in the amount of $23,507.12 at a 7% interest rate beginning in 2001.

Chris Adesanya, 5089 Driftwood, asked if inquired had been made for money appropriated for the EPA and landfills. Mr. Fleckenstein advised this is an obligation committed to eight years ago and the annual payment comes from the General Fund.

Treasurer Brown commented that given current interest rates, she would recommend accepting the agreement from Kalamazoo County.

Mr. Fleckenstein advised that this could be reviewed yearly and paid off early if deemed appropriate.

Motion made by Brown, seconded by Block to approve the agreement with Kalamazoo County to make annual payments in the amount of $23,507.12. Carried.

BOARD APPOINTMENT COMMITTEE RECOMMENDATIONS

Board Appointment Committee Chairman Brown presented the following recommendations to fill terms expiring January 1,2001. Mrs. Brown pointed out that appointments are usually made earlier in the year so new appointees can observe the Board they will serve on; several circumstances delayed the committee's work this year.

Building/Fire Board of Appeals
John Kalleard-second term
Randall Williams-first term
Bruce VanderWeele-first term
All terms would expire January 1,2004.

Zoning Board of Appeals
Jill Jenson-first term
Term would expire January 1, 2004.

Board of Review
Gordon McKinney-first term
Marcia Husted-second term
Fred Gould-second term
All terms would expire January 1, 2003.

Planning Commission
James Turcott-first term
Kathleen Garland-Rike-first term
All terms would expire January 1, 2004.

economic Development Corporation Board
Douglas Weldon-second term
Gary Barton-first term
David Scott Parker-first term
William Gleason-first term
All terms would expire January 1, 2006.

Motion made by Brown, seconded by Block to accept the recommendation of the Board Appointment Committee and approve the appointments. Carried with Johnson voting no.

HOUSEHOLD HAZARDOUS WASTE CONTRACT - 2001

Supervisor Fleckenstein presented a proposed Household Hazardous Waste Agreement with the County, in the amount of $6,000.00, the same level as last year.

In response to a question from Trustee Anderson, Mr. Fleckenstein advised if there were funds left on the 2000 contract, they would be carried over for 2001.

Treasurer Brown commented that education is needed to make the program successful; it was noted that article are put in the Township newsletter.

Motion made by Block, seconded by Brown to approve the agreement with a reminder for the need of education regarding the program. Carried.

OTHER BUSINESS - LIQUOR LICENSE APPROVAL

Attorney Reed advised a request had been received from Scott Hess for transfer of a liquor license for a new restaurant to be located in the previous Haas Hardware site at Hamilton Landing.

Mike McMann, 10523 West L Avenue, inquired if this was a new license or an existing license being transferred. He was advised it is a transfer.

Motion made by Block, seconded by Everett to approve the transfer with the following conditions: the application be notarized, a copy of the lease agreement provided, approval of the Planning and Zoning Department, Building Inspector, Electrical Inspector, Mechanical Inspector, and Fire Department and necessary approvals from the Kalamazoo County Health Department. Roll Call Vote Showed: Anderson-yes, Block-yes, Brown-yes, Everett-yes, Johnson-yes, Fleckenstein -yes.

BOARD MEMBER COMMENTS

Trustee Johnson commented that at the end of eight years as a trustee this has been an interesting one; we have solved problems, made decisions, and helped people. He further commented that he will miss the good people to work with and the customers we have. He also stated he would like to pay a special thanks to Norm Anderson and a Good Supervisor, Ron Fleckenstein, for the cooperation they've given him.

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Clerk Everett wished the departing board members well and thanked them for their service to the Township. She further commented that she sincerely hopes the new board will diligently find a way to work together to take care of the people in this community and do what is best for everyone.

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Treasurer Brown thanked the community for 26 years of service as Treasurer and stated she is excited and looking forward to moving to a Trustee chair and working with the new members of the Board. She further thanked the members of this Board who have cooperatively worked for the betterment of the Township; will miss the members that are leaving but is sure she will see them in our community, and welcomes the new members to the Board.

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Trustee Block commented he has had a very good experience in the position of Trustee, it has taken a lot of time so being off will be a bit of respite. He further commented that he appreciates the people he has worked with on the board and all the cooperation even though all don't agree all the time, there are a lot of projects ahead and he wishes the new board well.

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Trustee Anderson commented he looks forward to working with the new board and hopes to assist them any way he can.

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Supervisor Fleckenstein thanked the Board and previous boards he has worked with during the past 10 years and commented that key to the success is the professional and talented staff the Township has. He also thanked his family for tolerating a lot of issues to allow his participation to the degree he served. He further commented he wished to thank the citizens and businesses he has worked with. He also stated that all decisions are not easy and tonight was good example of being under pressure but that when he accepted the position, he accepted the responsibility that goes with it to fulfill the obligation to the very end and that the issues on the agenda did not have anything to do with trying to cut the new board out of the picture but simply business that was in line to be taken care of and that as the new board sits they will find similar situations o of thins done on a timely basis. In closing he thanked the community, Township staff and all the Boards who have been instrumental in the growth and development of the Township and the policies and ordinances we have in place, which makes it such a great place to live.

There was no further business and the meeting was adjourned at 9:35 p.m.

DEBORAH L. EVERETT
Township Clerk

Attested: Ron Fleckenstein
Supervisor