OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

October 11, 2005

Township Board work session was held at the Township Hall. Supervisor VanDyke called the meeting to order at 5:00 p.m.

PRESENT:
Supervisor John VanDyke
Clerk Deb Everett
Trustee Dave Bushouse
Trustee Ted Corakis
Trustee Stan Rakowski
Trustee Neil Sikora

Also present was James Porter, Township Attorney, Bob Snell, Township Engineer, and Fire Chief Ken Howe.

Discussion with Fire Chief Ken Howe included various issues; procedures for fire inspections and application of fire codes. Chief Howe advised repairs on Engine 533 had exceeded original estimates after work had begun. He requested payment of $11,270.29 be approved for replacement of brakes, springs, and cab lift cylinders. Carried.

The work session was adjourned at approximately 6:50 p.m.

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

Also present were James Porter, Township Attorney, Bob Snell, Township Engineer, and 5 interested people.

Motion by Sikora, second by Rakowski to approve the September 27th regular and September 29th and October 4th special minutes. Carried.

Income to the General and Fire Funds of $48,852.64 and disbursements of $426,244.65 were reported. Motion by Corakis, second by Sikora to accept the receipts and disbursements report. Carried.

CITIZENS COMMENTS

Ruth Mader, 1143 South 4th Street commented on the traffic problems on South 4th Street, particularly the speed and the Kalamazoo County Road Commission had been contacted regarding the issue. Supervisor VanDyke indicated he would contact the Road Commission Chair. Trustee Sikora suggested the speed trailer be placed in the area and the deputies requested to monitor the area more closely.

PUBLIC HEARING - STREET LIGHTS - PINE ACRES

A public hearing for the installation of street lights in the Pine Acres plat on South 4th Street was conducted. The notice indicated six lights would be installed with .3 mill assessed for those properties within 300 feet of a light.

Nancy Phillips, 1202 South 4th Street, inquired why she would be charged for a private development, she does not want or need the street light.

Rozanne Elder, 1181 South 4th Street, commented the lights do not benefit 4th Street, she enjoys the country, and disagrees with using tax dollars to support private development.

Ruth Mader, 1143 South 4th Street, commented her taxes are high enough, she did not want the development there and they should pay for their own lights.

Trustee Bushouse explained the street light policy has been in place for many years and it was always felt there was a benefit to properties within 300 feet of a street light, especially at intersections which aid emergency response services. He also noted that while other taxing units have increased, the Township general fund has for many years collected less than 1 mill. Supervisor VanDyke provided a breakdown of taxes by school district.

Motion by Sikora, second by Corakis to add the street lights as noticed to the Township street lighting district. Carried.

DISPUTE RESOLUTION - KL LANDFILL ISSUE

Clerk Everett commented the Board has been struggling with the landfill cap issue for some years felt strongly the current cap was sufficient and the trouble and expense of constructing a new cap is not necessary. She further commented that unfortunately, the KLA Group and Pfizer in particular, have made it clear they will not support an alternative approach, therefore, for legal, technical, and particularly economic reasons, the Township is not in a position to force the cap issue alone, and having reached that point, it seems the Township's formal Dispute Resolution with USEPA on the cap issue is no longer serving a useful purpose.

Clerk Everett further commented the Township's efforts should be focused on the future use of the landfill and county owned property across the street in as much as in the 1960's the Township and Kalamazoo County agreed the property would eventually become a park, and the Township should refocus their energies on working with the County, KL Group, USEPA and State toward that goal.

Motion by Everett, second by Bushouse that the Township formally withdraw the March 2004 Dispute Resolution with USEPA and focus our efforts on reaching agreement on the future use of the property for park purposes. Carried.

CHANGE ORDER - H AVENUE SEWER PROJECT/PUMP STATION

Engineer Snell presented a change order in the amount of $4,766.30 concerning the H Avenue Sewer/Pump Station project. He advised the order included three items, installation of an additional 100 feet of drain culvert addressing ditching problems, construction of two rip rap dams to moderate the rate of storm water near the pump station, and installation of an additional transformer at the pump station.

Motion by Everett, second by Rakowski to approve the change order for the items described in the amount of $4,766.30. Carried.

CHANGE ORDER - 8TH STREET WATER EXTENSION

Engineer Snell advised the contractor awarded the 8th Street water extension project, James Fulton & Sons, had advised they will be unable to complete the project this fall due to the delivery of pipe material being delayed. He further advised it appears no stocks are available in the region and the Gulf Coast hurricanes have seriously disrupted the supply chain. Mr. Snell advised the contractor has stated he will honor his bid prices and execute a contract that provides for completion in the spring.

Motion by Corakis, second by Rakowski to extend the completion date of the 8th Street water extension contract with James Fulton & Sons to May 30, 2006. Carried.

SOCIAL SECURITY NUMBER PRIVACY POLICY

Attorney Porter presented a resolution to adopt a privacy policy concerning social security numbers as required by the Michigan Social Security Number Privacy Act, PA 454 of 2004.

Motion by Corakis, second by Sikora to adopt a resolution adopting the Social Security Number Privacy Policy. Roll call showed Bushouse-yes, Corakis-yes, Culp-yes, Everett-yes, Rakowski-yes, Sikora-yes, VanDyke-yes.

ORDINANCE AMENDMENT - PARKING VIOLATION FEES

A revised schedule of parking fines was before the Board for consideration. Six current fees would be increased; parking in violation of a no parking sign from $5.00 to $10.00, parking within 15 feet of a fire hydrant from $20.00 to $25.00, parking in a marked fire lane from $35.00 to $50.00, parking within 25 feet of a corner from $5.00 to $10.00, parking in violation of any other ordinance from $5.00 to $25.00, and parking in a handicap space without a valid permit from $75.00 to $250.00.

Attorney Porter advised $250.00 is the maximum by State statute for handicap space violations. Clerk Everett commented given the number of college students issued handicap tickets; it could be difficult to collect them. Trustee Bushouse commented on the expense of taking an issue to court.

Consensus was the higher fine is warranted; other Board member comments included concerns of notifying the public of the increased fee with the suggestion made to add stickers to the signs on the handicap spaces warning of the fine. It was felt this could be done by the Parking Enforcement Officers. Attorney Porter noted this could only be done with the business owners' permission.

Motion by Rakowski, second by Sikora to accept the proposed ordinance amendment for First Reading with the increased fees as proposed, and apply stickers to the handicap signs advising of the fine with the business owners' permission, and set Second Reading for October 25th. Carried.

BOARD MEMBER COMMENTS

Trustee Corakis advised the Community Access Center would be presenting a demonstration of proposed video equipment on October 20th at 4:30 p.m. at their facilities.

**********

Clerk Everett commented the Kalamazoo County Road Commission would be presenting an informational meeting on October 20th at 7:30 p.m. at the Township Hall regarding the North 6th Street project for 2006.

**********

Grace Borgfjord, 9802 Sunnywood, advised the tax information handed out earlier in the meeting was not current. Supervisor VanDyke advised he would ask the Assessor to provide updated information.

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

DEBORAH L. EVERETT
Township Clerk

Attested: JOHN VANDYKE
Supervisor