TEXAS TOWNSHIP BOARD MEETING APRIL 14, 2008

COMMITTEE OF THE WHOLE

Supervisor Commissaris convened the Committee of the Whole at 6:30 p.m. The following board members were present: Trustee Donald Boven, Trustee Paul Cutting, Trustee Erin Hoogendyk, Treasurer Joyce Neubauer, and Clerk Linda Kerr. The status of the Outdoor Furnace Ordinance was discussed bringing Trustee Boven and Supervisor Commissaris up to date on modifications and rationale behind the changes. The Committee of the Whole adjourned at 6:55 p.m.

CALL TO ORDER

Supervisor Commissaris called the meeting to order at 7:00 p.m. inviting all to join in the Pledge of Allegiance.

ROLL CALL

Clerk Kerr called the roll and the following board members were present: Trustee Donald Boven, Trustee Steven Bosch, Trustee Paul Cutting, Trustee Erin Hoogendyk, Treasurer Joyce Neubauer, Supervisor Ronald Commissaris, and Clerk Linda Kerr. Also present was Fire Chief Mike Corfman, Engineer Tom Wheat, and approximately 87 interested persons.

CITIZENS’ COMMENTS NON-AGENDA ITEMS

There were no comments.

ADOPTION OF AGENDA

Motion by Bosch, seconded by Hoogendyk, motion carried unanimously, to adopt the agenda as presented.

GENERAL CONSENT AGENDA

Supervisor Commissaris asked whether any board members or anyone present wanted to remove any items from the General Consent Agenda. Motion by Boven, seconded by Neubauer, motion carried unanimously, to adopt the General Consent Agenda consisting of minutes of the March 24, 2008 meeting, as written; Bills for $56,674.48 and bills paid prior to the meeting for $102,223.66; Cash Report; and Reports from the Building and Zoning Enforcement Departments.

LAND DIVISIONS/ZONING PERMITS/BOARD/COMMITTEE RECOMMENDATIONS

Planning Commission

Ordinance Amendments

TrusteeBosch explained that the Planning Commission met multiple times to address housekeeping aspects of ordinances that needed adjustment, clarification on definitions, wording regarding storage of recreational vehicles, and wind generators. However, due to the number of questions that the Board may have and the size of the audience he suggested postponing action until the April 28, 2008 meeting. Motion by Bosch, seconded by Cutting, motion carried unanimously, to postpone the Ordinance Amendments until the April 28, 2008 meeting.

BUSINESS

Outdoor Wood Burning Furnace Ordinance

Supervisor Commissaris explained that currently the township, county, or state has not established rules or regulations that govern outdoor wood furnaces/boilers (OWB’s). The Township Board has taken up the issue due to the numerous complaints from neighbors in close proximity to individuals that utilize OWB’s due to the amount smoke, smell, etc. At this time, the Board has not adopted an ordinance; however, they have spent several months listening to public comment, studying the EPA model ordinance, and ordinances from other municipalities. Proposed ordinances range from banning the devices completely to creating restrictions regarding lot size, setbacks, burning times, and stack heights, which is what the Board is discussing this evening. Supervisor Commissaris then opened the meeting to public comment.

Following approximately a 90 minute public comment session Supervisor Commissaris asked Board members for input. Consensus was reached to address the ordinance in two separate issues; new furnaces and existing ones. Following a discussion on the need for regulations by the federal and state government, detrimental health effects, complaints, and lack of expertise by Board members, consensus was reached to ban or place a moratorium on erection and installation of additional OWB’s until the federal or state government have created regulations.

Motion by Bosch, seconded by Boven, motion carried unanimously, to place a moratorium on the installation of outdoor wood furnaces until federal, state, or county agencies have provided further information or regulations on the subject. Roll Call Vote: Ayes- Bosch, Boven, Cutting, Hoogendyk, Neubauer, Commissaris, and Kerr. Nays – None. Absent – None.

The Board then focused on existing OWB’s regarding lot size, location, set back, stack height, and limitation on months of use. Following a lengthy discussion and debate consensus was reached that existing OWB’s must be:

• Located on at least 5 acres
• No burning from 4/14 – 10/15 inclusive in any year
• Stack height same as stated in the proposed ordinance dated February 25 Section C. (2).
• Include other restrictions from the other proposed ordinances regarding number allowed, type of fuel, permits, and location on the property.

Motion by Bosch, seconded by Boven, motion carried unanimously, to send back the recommendations to Attorney Thomsen to redraft the ordinance, which will be presented at the next meeting. Roll Call: Ayes – Bosch, Boven, Cutting, Hoogendyk, Neubauer, Commissaris, and Kerr. Nays – None. Absent – None.

Specify Temporary Building/Electrical/Mechanical Inspectors

Clerk Kerr explained that during the payroll audit she was informed that temporary inspectors need to provide their own liability insurance. The Board directed her to contact MCM Group to determine whether the Township could purchase a “rider” to cover temporary inspectors. After a lot of research, Kevin Decker of MCM Group informed her that temporary inspectors will be covered under the Township’s policy if they are specifically named by the Board. The inspectors currently utilized are: Henry Jager, electrical; Mike Berry, building; and Kevin Cardiff, building, electrical, and mechanical. Motion by Bosch, seconded by Hoogendyk, carried unanimously, to appoint the above designated as temporary inspectors.

Approval for Fire Department Staffing Study

Supervisor Commissaris explained that the Public Safety Committee has met with Mark Nottley of the Rehmann Robson Group regarding a study to evaluate fire and emergency medical services. The community survey stated that residents desire 24-hour staffing for fire/ems/police; the study will review fire/ems to determine whether 24-hour staffing is needed at this time, if so, how it can be accomplished, and at what cost. Motion by Boven, seconded by Cutting, motion carried to accept the proposal from the Rehmann Robson Group at a not-to-exceed cost of $19,400.

Discussion ensued on allocation of funds for the project. Clerk Kerr will provide a budget adjustment at the April 28, 2008 meeting to accommodate the expense.

Lease of Township Property

Trustee Boven expressed his concerns over the Township’s liability for leased property; he wanted to make sure that the lease included a statement requiring the lessee to provide liability insurance. Motion by Boven, seconded by Hoogendyk motion carried unanimously, to approve a lease to Susan Reeves for $25.00 annually. The lease will be a one year renewable lease for grazing of animals only, the lessee will continue to maintain the property in its current state, and provide proof of insurance.

Resolution Establishing a Receiving Board for 2008 Elections

Clerk Kerr explained that to set up a Receiving Board for each election she must obtain Township Board approval. Historically, this is done prior to each election; however, County Clerk Tim Snow just received information that the Board could grant approval annually. Motion by Cutting, seconded by Neubauer, motion carried unanimously, to adopt the Resolution creating a Receiving Board for the May 6, August 5, and November 4, 2008 elections. Roll Call Vote: Ayes – Bosch, Boven, Cutting, Hoogendyk, Neubauer, Commissaris, and Kerr. Nays – None. Absent – None.

Request for Reimbursement for FDIC Expenses – Deputy Chief Jim Williams

Fire Chief Corfman explained that Deputy Chief Williams is attending the 4-day Fire Instructors Conference in Indianapolis and is requesting reimbursement for the conference, lodging, and incidentals. Two other fire officers have also expressed interest in attending the one-day vendor exhibit. The total cost for all attendees is $990, which will be charged to the training/convention budget. Motion by Bosch, seconded by Boven, motion carried to approve reimbursement to Deputy Chief Williams and two other fire officers for a total cost of approximately $990.

Request for Leave of Absence – Chief Mike Corfman

The next item addressed by the Board was the request by Fire Chief Corfman for a Military Leave of Absence. Chief Corfman explained that he has been called to active duty and is requesting a Military Leave of Absence starting Thursday, May 1, 2008 until at least January 1, 2009. He explained that the end date is subject to change. Following a brief discussion a motion was made by Kerr, seconded by Cutting, motion carried unanimously, to approve Chief Corfman’s request for a Military Leave of Absence and that the during his absence, the Township will continue his current health insurance coverage.

Chief Corfman explained that during his absence, Deputy Chief Williams will be Acting Chief; he has been briefed on all pending projects and current operations. He further explained that historically during his leave of absence, the line item for Salaries – Fire Chief is allocated to Salaries – Volunteer Fire to cover additional costs for shift coverage.

EXTENDED CITIZENS’ TIME

Portage City Commissioner Margaret O’Brien explained that the Kalamazoo County Environmental Health Department takes on various county-wide issues and suggested the Board ask them to look at outdoor wood furnaces. She has also talked with Representative Jack Hoogendyk who is willing to bring this topic up at the state level.

BOARD MEMBERS COMMENTS

Trustee Boven questioned the status of a left turn arrow at the intersection of 8 th Street and Q Avenue. Clerk Kerr explained that Director Joanna Johnson of the Kalamazoo County Road Commission is checking into the request and will keep her updated.

Trustee Cutting voiced his concern that the flyer regarding outdoor furnaces indicated that Township Board members did not care about the Township, which is in direct opposition to the amount of time and effort board members have put into creating an ordinance that is equitable to all residents.

Supervisor Commissaris commended the Board for the time invested in the Outdoor Furnace Ordinance; it is time consuming; however, that is how government is setup to function. Citizen input is vital, which sometimes results in a long drawn out process. He explained that he met with Deb Cardiff of the Kalamazoo County Environmental Health Department and she is willing to look into the outdoor wood furnace issue. He then relayed that the Kalamazoo County Road Commission would like to set up their annual meeting with the Board.

ADJOURNMENT

There being no further business to come before the Board, the meeting adjourned at approximately 9:50 p.m.

Submitted: Approved:

Linda M. Kerr, CMC, MPA

Attested: Supervisor Ronald E. Commissaris