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August 28, 2001

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

Supervisor John VanDyke
Clerk Deb Everett
Treasurer Nancy Culp
Trustee Tom Brodasky
Trustee Lois Brown
Trustee Dave Bushouse
Trustee Jim Worline

Also present was Patricia Mason, Township Attorney, Bob Snell, Township Engineer, Building Official Bob Horton, Ordinance Enforcement Officer Scott Paddock, and approximately 25 interested people.

Motion by Clerk Everett, second by Brown to amend the agenda to include approval of minutes for the August 23rd meeting. Carried. Motion by Culp, second by Brown to approve the minutes of the August 14th Regular Meeting, August 21st Joint Meeting, and August 23rd Special Meeting. Carried.

Income to the General Fund of $29,731.28 and disbursements of $164,778.71 and income to the Fire Fund of $32.00 and disbursements of $46,124.43 were reported. Motion by Culp, second by Brown to accept the receipts and disbursements report. Carried.


Neil Sikora, 2378 Fairgrove, commented on a recent Kalamazoo Gazette article regarding a bike trail the City of Portage has been able to construct due to receiving a grant. He urged the Board to pursue such means and develop a plan to enable the Township to have such amenities.

Jan Weller, 7084 St. Charles, thanked Supervisor VanDyke, Fire Chief Ken Howe and the Fire Department for their assistance with the flooding problem her neighborhood experienced on August 22nd. She felt the Fire Department did an excellent job and thanked them for staying many hours after an already long day, which had included a house fire in the morning, and stated the Township should be very proud to have such a department. She further commented the retention pond in her plat, LaSalle, has experienced problems from day one, it has been pumped out three times and the plat was already assessed $27,000 but problems still exist, including soil erosion running into it. She further advised Drain Commissioner Mary Powers informed them it would cost $3,000 to pump it again, an expense the residents are not willing to incur. She advised she has documentation of their efforts to address the problems since 1997.

Supervisor VanDyke commented he has spoken with the Drain Commissioner and Township Engineer and is discussing options for a solution. He advised Ms. Weller he would like to meet with her and obtain any documentation she has to share with the Board. He also commended Fire Chief Howe and the department for their performance.

Hermann Bloch, 7098 St. Charles, advised he has lived in the LaSalle Plat for eight years and concurred with Ms. Weller's statements.


Ann Nieuwenhuis, County Extension Director for MSU provided the Board with information packets on the 4H program and advised she is visiting municipalities in the County in an attempt to match funds for a grant being sought from the Kalamazoo Foundation. The goal is to increase membership and participation in the 4H program for young people. She advised that legislation has been proposed to amend Public Act 197, which would allow townships to support this funding, and she will return to the Board when appropriate.


Millard Loy of the Oshtemo Business Association advised he has received the necessary authorizations for placement of the welcome signs being purchased by the Township, OBA and Oshtemo Rotary. This expenditure was approved at the May 8th meeting.

Motion by Bushouse, second by Brodasky to place the order for the signs. Carried. Motion by Bushouse, second by Everett to amend the original motion to direct Clerk Everett to process necessary documents. Carried.


A public hearing was held regarding the dangerous building at 1931 North 3rd Street. The Dangerous Buildings Officer had ordered it demolished after non-compliance on the part of the owner after a June 26th hearing.

Clerk Everett advised she received a telephone call from the owner, Phillip Buckhout on Monday, August 27th advising he would like more time to sell the property and would post it for sale by the next day. She advised she then received a call from him on August 28th advising he had changed his mind and had made arrangements to have the building demolished on September 10th.

Clerk Everett also read a memo received from Pam O'Connor, which in part urged that if the Board decision were to carry out the demolition, the house be photographed inside and out, and any historical materials removed. It was discussed by the Board and the Attorney that the Township would not have the authority to enter to the property for such means.

Ordinance Enforcement Officer Scott Paddock advised a realtor who had been working with Mr. Buckhout had advised any items of historical architectural value had already been removed.

There was discussion that this property has been in the dangerous buildings process for 8 years; the owner has had several options over this time period to accommodate the requirements.

Motion by Bushouse, second by Brodasky to order the buildings at 1931 North 3rd Street demolished by September 20, 2001 including removal of debris and basement filled in. If not accomplished by September 20th the Township will arrange for the demolition and bill the property owner. Roll call vote showed Brodasky-yes, Worline-yes, Culp-yes, Everett-yes, Bushouse-yes, Brown-yes, VanDyke-yes.


A Planning Commission recommendation to approve the rezoning of approximately one acre located at 552 South 8th Street, which also has frontage on KL Avenue in Section 22, and the westerly 20 feet of 7056 West KL, from R-4 to I-1 was before the Board for Second Reading.

Motion by Everett, second by Brown to adopt the rezoning. Roll call vote showed Brown-yes, Bushouse-yes, Everett-yes, Culp-yes, Worline-yes, Brodasky-yes, VanDyke-yes.


This item had been tabled from the August 14th meeting for a public hearing. Building Official Bob Horton advised he had received no negative comments.

There was discussion to amend the resolution establishing fees to include fees set forth in the Michigan Building, Mechanical or Electrical Code and a fee sufficient to cover any independent expert review of buildings or "as built" plans, special reviews or inspections deemed necessary by the Building Department.

Motion by Worline, second by Brodasky to adopt the amended resolution. Roll call vote showed Bushouse-yes, Worline-yes, Brown-yes, Brodasky-yes, Everett-yes, Culp-yes, VanDyke-yes.


This item had been tabled from the August 14th meeting for further discussion by the Building & Grounds Committee.

Motion by Everett, second by Brown to table this item indefinitely for further study. Carried.


Trustee Worline presented a resolution regarding the duties of Deputy Supervisor as being those provided by State statute, and consultant to the Supervisor. Supervisor VanDyke requested amending the resolution to add "and as directed by the Board upon the recommendation of the Supervisor."

Mr. Bell questioned if a residency requirement should be added. It was noted there is no residency requirement for the Deputy Clerk and Deputy Treasurer.

Motion by Brown, second by Brodasky to adopt the amended resolution. Roll call vote showed Worline-yes, Bushouse-yes, Brodasky-yes, Brown-yes, Culp-yes, Everett-yes, VanDyke-yes.

Mr. Worline presented a resolution regarding compensation of Deputy Supervisor stating the Township Board is required to determine the amount of compensation, however, current Deputy Supervisor Curtis Bell had indicated he sought no compensation, the resolution provides for $1.00 per year and no fringe benefits.

Motion by Culp, second by Worline to adopt the amended resolution. Roll call vote showed Brown-yes, Brodasky-yes, Culp-yes, Everett-yes, Bushouse-yes, Worline-yes, VanDyke-yes.

Mr. Worline then presented a resolution regarding compensation of the Clerk and Treasurer, stating the duties of the positions are each distinct but commensurate with the duties of the Supervisor with regard to level of responsibility, the positions shall be considered as job level 1, as assigned to the Supervisor on the compensation chart. He noted the majority of Townships compensate the Supervisor, Clerk and Treasurer at the same rate.

Clerk Everett commented she appreciates the committee recognizing these positions are equal but different and she wished former Clerk Elaine Branch were here to see this. She further commented that while it is awkward to vote yourself a raise she supports the principal that these positions are and have always been equal.

Motion by Worline, second by Brown to adopt the resolution. Roll call vote showed Brodasky-yes, Worline-yes, Culp-yes, Everett-yes, Bushouse-yes, Brown-yes, VanDyke-yes.

Trustee Brown presented for First Reading proposed ordinances establishing fringe benefits, and defining each, health insurance, life insurance, disability and dental.

Motion by Brodasky, second by Culp to accept the ordinances for First Reading and set Second Reading for September 11th. Roll call vote showed Culp-yes, Everett-yes, Brown-yes, Bushouse-yes, Brodasky-yes, Worline-yes, VanDyke-yes.

Trustee Worline presented a resolution that would allow relief driver pay for the Fire Chief, Deputy Chief and Fire Inspector when they are required to cover relief driver shifts not signed up for, this averages about once a month. They are full time salaried personnel who currently receive compensatory time when covering these shifts. Fire Commissioner Worline commented this would eliminate full time personnel being gone when using their comp time and he felt this duty was outside their normal duty.

There was lengthy discussion of Board member concerns that included other salaried personnel who work beyond a forty hour week and do not receive additional compensation, if there would be additional compensation for calls run by the salaried personnel, and a need to examine the current comp time policy.

Trustee Brown noted the resolution stated the Fire Chief and Fire Commissioner must approve the salaried personnel covering the relief driver shifts. She also commented the Personnel Committee does have on its work agenda a review of the Employee Handbook and position descriptions.

Mr. Worline advised the salaried personnel would not be paid for calls run if they were covering a shift.

Chief Howe stated he supported this proposal as it keeps the department at full staff during the regular work hours since they would not be using comp time any longer; this was not about extra pay. He also advised there are firefighters currently in training for relief driver status and will be available in the very near future.

Trustee Brown felt this should viewed as a different job description and a clarification in the resolution should be made. Attorney Mason agreed that it could be amended that relief driver duty is not necessarily part of the job descriptions for the salaried positions.

Deputy Supervisor Bell agreed with Mrs. Brown's conclusion and suggested the Personnel Committee carefully examine policies concerning salaried employees.

Motion by Worline, second by Brodasky to adopt the amended resolution. Roll call vote showed

Brodasky-yes, Worline-yes, Culp-yes, Everett-yes, Bushouse-yes, Brown-yes, VanDyke-yes.


Treasurer Culp advised the City of Kalamazoo has returned a portion of the cost of the Rose Arbor water line, which was paid by the developer, and she was seeking Board approval to return to overpayment to the developer.

Motion by Brown, second by Brodasky to approve reimbursement to the developer.

Clerk Everett advised dates needed to be set if a leaf drop program will be offered this year. Consensus was to set the dates for November 3rd and 17th with several Board members volunteering to work.

There was no further business and the meeting was adjourned at approximately 9:50 p.m.

Township Clerk

Attested: John VanDyke