OSTLOGOL.GIF (2116 bytes)

OSHTEMO CHARTER TOWNSHIP

TOWNSHIP BOARD

October 8, 2002

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 Lois Brown
Trustee Dave Bushouse

Also present was Patricia Mason, Township Attorney, Marc Elliott, Township Engineer, and 1 interested person.

PUBLIC COMMENT

None.

DISCUSSION - POLICE DISTRICT

Supervisor VanDyke directed the Board's attention to a memo from Trustee Worline indicating a change in his position regarding a special assessment district for police protection, his reasons being he has heard much opposition to the special assessment district, the fact that the Board was split on the issue, the pattern of recent failures of ballot issues, and the fact Kalamazoo County may not have the funds to support adding more officers. His memo also indicated that while he still supports the effort, he feels it should be done by referendum.

Supervisor VanDyke commented he had talked with interim County Administrator Duane Triemstra who indicated the county budget will most likely be cut and Sheriff Tom Edmonds could not assure the funding would be available. Mr. VanDyke also commented while he feels the service is needed, it does not look as though it will be available and questioned if it is wise to spend money pursuing it.

Trustee Brown commented there is considerable expense in holding the public hearings or a referendum; however, with a vote everyone has the opportunity to express their opinion. She also commented that she was a member of the Township Board when Oshtemo became a charter township and while the previous board's decision is not binding on this Board, a promise was made there would be no millage increase without a vote of the people and she feels she must keep that promise.

Trustee Bushouse commented the Board is elected to make sometimes difficult decisions, one of the obligations of being a charter township is to provide fire and police protection, the west side of the township benefits from the current special assessment district, having officers 24 hours a day, 7 days a week will be a deterrent, he has talked with citizens who realize there is a need, he still favors the .5 mill and other options, i.e., discussions with Kalamazoo Township and the City of Kalamazoo, should be explored if the county cannot meet our needs.

There was discussion regarding the areas where most of the police activity takes place and how they could be assessed since they use a higher proportion of the police service. There was also discussion of ordinances that could address such violations in the same manner as the false alarm ordinance; Attorney Mason will research this issue.

Trustee Bushouse commented a time frame should be set for further investigation and recommendations and advised he would vote no on a motion to table because he feels the issue needs to move forward.

Motion by Brown, second by Everett to cancel the October 22nd public hearing, table the discussion regarding the police district pending further investigation by the Supervisor with a report to the Board in approximately 30-45 days and return the item to the Board agenda in approximately 90 days. Roll call vote showed Brodasky-yes, Brown-yes, Bushouse-no, Culp-yes, Everett-yes, VanDyke-yes.

PRESENT:
Supervisor John VanDyke
Clerk Deb Everett
Treasurer Nancy Culp
Trustee Lois Brown
Trustee Dave Bushouse

Also present was Patricia Mason, Township Attorney, Marc Elliott, Township Engineers, and approximately 8 interested people.

Motion by Brown, second by Brodasky to approve the minutes of the September 24th meeting. Carried.

Income to the General and Fire Funds of $293,239.67 and disbursements of $532,503.85 were reported. Motion by Bushouse, second by Culp to accept the report as presented. Carried.

CITIZENS COMMENTS

None.

PLANNING COMMISION RECOMMENDATION OPEN SPACE DEVELOPMENT AMENDMENT

A Planning Commission Recommendation to amend the Open Space Development section of the Zoning Ordinance resulting from legislation which makes "Open Space Preservation Developments" a permitted use for which the Zoning Ordinance must be amended to reflect the new law by December 15, 2002, was before the Board for First Reading.

The Planning Commission recommends the existing provisions of Section 60.500 where 40% of gross acreage must be open space, be kept as a Special Exception Use and Open Space Preservation Residential Developments with 50% gross acreage as open space become a permitted use and addressed in a separate Section.

In response to a concern from Trustee Bushouse that the regulatory flexibility could create inconsistency as Planning Commissions come and go, Attorney Mason commented their discussions are detailed in the minutes for reference.

Motion by Everett, second by Brodasky to set the proposed amendment for Second Reading on October 22nd. Roll call vote showed Brown-yes, Bushouse-yes, Culp-yes, Everett-yes, VanDyke-yes, Brodasky-yes.

PARK COMMITTEE RECOMMEDATIONS PARK HOURS - PARKING VIOLATIONS

Clerk Everett presented a Park Committee recommendation to establish set park hours for easier regulation by changing the current hours of 8:00 a.m. to sunset to 8:00 a.m. to 6:00 p.m. from October 1st through April 30th and 8:00 a.m. to 10:00 p.m. May 1st through September 30th. To assist with enforcement, the recommendation also included amending the parking violations ordinance to include the parks.

Motion by Brown, second by Culp to accept the recommendations and set the amendments for Second Reading on October 22nd. Bushouse-yes, Culp-yes, Everett-yes, VanDyke-yes, Brodasky-yes, Brown-yes.

RECOMMENDATIONS FROM BOARD APPOINTMENT COMMITTEE

Treasurer Culp presented the following recommendations from the Board Appointment Committee for 2003:

Zoning Board of Appeals - William Dykhuis, 2036 North 10th Street - 3 year term - 1st term

Planning Commission - Neil Sikora, 2378 Fairgrove - 3 year term - 2nd term Lee Larson, 405 North 8th Street - 3 year term - 1st term

EDC Board - Fred Gould, 10130 West J Avenue - 6 year term - 1st term Patrick Glocheski, 4451 North 8th Street - 6 year term - 1st term

Board of Review - Gordon McKinney, 392 East Ridge Circle - 2 year term - 2nd term Jane Cordi, 8743 Hathaway, 2 year term - 1st term Barbara McCall, 5617 West Michigan, 2 year term - 1st term

Building /Fire Board of Appeals - Ed Hilton, 1180 Cadet Lane - 3 year term - 2nd term Louis Coleman, 3006 Bramble - 3 year term - 2nd term

Recommendation of a licensed builder for the remaining opening on this Board will be made at a later date.

Dangerous Buildings Hearing Officer - William Dykhuis

Motion by Brodasky, second by Everett to accept the recommendations and approve the appointments. Carried.

MOTOR VEHICLE CODE AMENDMENT

Attorney Mason advised recent action by the State Police regarding the Uniform Traffic Code necessitates adopting the Motor Vehicle Code by reference. It was noted that penalties are not addressed; Attorney Mason will revise.

Motion by Brown, second by Brodasky to set the ordinance, with the revision, for Second Reading on October 22nd. Roll call vote showed Culp-yes, Everett-yes, VanDyke-yes, Brodasky-yes, Brown-yes, Bushouse-yes.

RECOMMENDATION FROM SEWER/WATER COMMITTEE PETITIONS FOR SEWER - COUNTRY CLUB VILLAGE

Engineer Elliott presented petitions from 5 parcel owners constituting 56% of the land area requesting municipal sewer on Horizon Heights.

There was discussion whether the project should be funded by the General Sewer fund or place the project in a special assessment district. It was noted the Sewer/Water committee would be bringing a recommendation to the Board in the near future to increase sewer and water fees to represent current construction costs. It was also noted those signing the petition would be expecting current fees to be charged for this project.

Motion by Culp, second by Brodasky to set a public hearing for November 26th to establish a special assessment district for the project. Roll call vote showed Everett-yes, VanDyke-yes, Brodasky-yes, Brown-yes, Bushouse-yes, Culp-yes.

CLOSED SESSION - DISCUSSION WITH ATTORNEY

Motion by Everett, second by Brodasky to adjourn to closed session for discussion with the attorney concerning possible litigation of an ordinance violation and attorney/client privileged communication.

Roll call vote showed VanDyke-yes, Brodasky-yes, Brown-yes, Bushouse-yes, Culp-yes, Everett-yes.

Adjourned to closed session at approximately 7:50 p.m.

Supervisor VanDyke convened the open meeting at approximately 8:30 p.m.

Motion by Brodasky, second by Culp to pursue litigation as discussed in closed session. Carried.

BOARD MEMBER COMMENTS

Trustee Brodasky advised he would look into signage for the park hours.

There was no further business and the meeting was adjourned at approximately 8:35 p.m.

DEBORAH L. EVERETT

Township Clerk Supervisor

Attested: John VanDyke