TEXAS TOWNSHIP BOARD MEETING JUNE 23, 2008

COMMITTEE OF THE WHOLE

Supervisor Commissaris called the Committee of the Whole to order at 6:00 p.m. The following Board members were present: Trustee Donald Boven, Trustee Paul Cutting, Trustee Erin Hoogendyk, Treasurer Joyce Neubauer, Supervisor Ronald Commissaris, and Clerk Linda Kerr. Also present was Sheriff Mike Anderson and two interested persons.

Sheriff Anderson provided the Board with information on Police Services “Investigations & Emergency Response.” He explained the Sheriff’s Department is the primary law enforcement agency for 14 of the original 16 townships that comprise Kalamazoo County. Two of the original townships have their own 24/7 police agencies; city of Portage and Kalamazoo Township. The challenge he faces, is how to increase road patrol in those townships that do not provide their own law enforcement when County Commissioners feel that road patrol is at the constitutional level they are required to provide and the majority of commissioners represent those areas that provide their own police protection. He explained that operational effectiveness is directly impacted by the ability to assign officers where they are needed, when they are needed, which he is able to do under the current contract method. Additional contract deputies are available; however, municipalities must pay 100% of the cost and impacts his ability to assign them to other locations when required. He stressed that he supports any additional police officers, however, he has a personal preference of how to fund and increase the number of road patrols. He explained how a county-wide millage could be utilized to establish satellite stations in four quadrants of the county; increase the number of road deputies; enhance response time; and increase visibility to outlying areas. The Committee of the Whole adjourned at 6:50 p.m.

TOWNSHIP BOARD MEETING

CALL TO ORDER/PLEDGE OF ALLEGIANCE

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

ROLL CALL

Clerk Kerr called the roll and the following board members were present: Trustee Steven Bosch, Trustee Donald Boven, Trustee Paul Cutting, Trustee Erin Hoogendyk, Treasurer Joyce Neubauer, Supervisor Ronald Commissaris, and Clerk Linda Kerr. Also present was Attorney Lynda Thomsen, Acting Chief James Williams, Kalamazoo County Road Commissioner Dennis Berkebile, and 22 interested persons.

CITIZENS’ COMMENTS NON-AGENDA ITEMS

Sondra Nowak introduced herself and stated that she is running for the Kalamazoo County 8 th District Court Judge and briefly outlined her experience.

Janny Bloemendaal of 5183 Burning Tree Road stated that the home on the corner of Burning Tree and Stoney Brook was purchased several years ago; however, the owner does not live in the home and mowed the lawn yesterday, for the first time in three years. They are trying to sell their home and the vacant home is an eyesore to the whole neighborhood.

Attorney Thomsen suggested that Mrs. Bloemendaal review the plat restrictions because frequently they address home maintenance issues. She further explained that the Board could adopt a noxious weed ordinance; however, noxious weeds are defined by state law and probably would not address grass length.

Stacey Filak of 5273 Stoney Brook reported that they just purchased their home in February and the condition of the vacant home is affecting all the homes in the area. The neglect of the homeowner has a negative impact on everyone’s property.

Betty Saba of 5186 Stoney Brook stated that in 2005 she received a paper from GEMS Associates that explained that there is an Architectural Control Committee for the plat and listed items that the committee would address; i.e. noxious or offense activities that create an annoyance to the neighborhood.

Attorney Thomsen explained that plat restrictions are a private matter pursued through civil action and that the Township cannot enforce plat restrictions, only ordinances.

Sanjay Dalal of 5082 Shepherds Glen reported that Rudgate in the Woods has a Homeowners Association and they should be able to address the issue.

ADOPTION OF AGENDA

Attorney Thomsen explained that the Planning Commission has forwarded to the Board an amendment to add “bingo halls” as a special exception use in the I-1 zoning district. Supervisor Commissaris asked to add under BUSINESS: G. I-1 Zoning District – Amend Special Exception Use. Motion by Bosch, seconded by Neubauer, motion carried unanimously, to adopt the Agenda, as amended.

GENERAL CONSENT AGENDA

Supervisor Commissaris asked whether any Board member wanted to remove any items from the General Consent Agenda. Motion by Boven, seconded by Bosch, motion carried unanimously, to adopt the General Consent Agenda consisting of minutes of the June 9, 2008 regular meeting, June 6, 2008 special meeting, and June 16, 2008 special meeting; Bills for $66,509.80 and bills paid prior to the meeting for $8,879.58.

BUSINESS

Bentwood Shores - Final Approval of Site Condominium

Attorney Thomsen reported that nothing has changed on her review since that last meeting; however, she stressed that any approval must be conditioned upon acceptance of the roads by the Kalamazoo County Road Commission.

The Board then reviewed a memo from Engineer Tom Wheat regarding the development, which recommended approval subject to (1) posting of surety for $9,000, which is 125% of the amount of the work to be completed; (2) Township Board determination of the boardwalk issue; and (3) Kalamazoo County Road Commission approval.

Jim Roberts spoke on behalf of the developer regarding the pathway plan. Although the approved Plan requires a boardwalk along 8 th Street the difficulty of construction through a wetland and topographical issues make a non-motorized pathway along the road impractical.

Supervisor Commissaris mentioned that there is a clear path on the Consumers Energy easement, which could be utilized for a non-motorized path. Attorney Thomsen explained that the developer does not own the easement rights, nor does the Township have the right to make that easement open for a public trailway. The developer can only control access across their property. Dennis Berkebile of Consumers Energy reported that they are open to discussion regarding non-motorized pathways under their easements.

Trustee Bosch explained that the Planning Commission required the boardwalk in a tradeoff for other considerations within the development. Discussion ensued on other locations for the non-motorized pathway that would also provide for interconnectivity for future development. Motion by Bosch, seconded by Boven, motion carried unanimously, to grant final site condominium for Bentwood Shores condition upon (1) KCRC approval, deviation from original plan for boardwalk by addition of a bituminous pathway in front of lots 10, 11, and 12 and to the north and south development property lines as indicated on the 6/19/08 proposed pathway plan, and conditions listed by Engineer Wheat in the memo.

Sanjay Dalal of 5082 Shepherds Glen stated that he purchased a lot in Bentwood Shores and emphasized his disapproval for requiring a pathway. It is a trail that goes nowhere and he does not want people going through his lot.

Release Lot #4 – Texas Heights #7

Clerk Kerr explained that Lot #4 in Texas Heights #7 was held in reserve for possible retention pond expansion, unless it could be established that the current basin was performing as required. The Board reviewed a memo from Engineer Wheat stating that he has observed the performance of the basin during a particularly web period last August and again this spring since early April. Those observations indicate that the pond is performing adequately and he recommending that the Township release the hold on the parcel. Motion by Boven, seconded by Cutting, motion carried unanimously, to release the hold on Lot #4 in Texas Heights #7.

Resolution to Participate in Fire Insurance Withholding Program

Clerk Kerr explained that at the last meeting, the Board approved participating in the Fire Insurance Withholding Program; however, while completing the necessary paperwork she found that approval had to be granted by resolution. Additionally, the Board must name an individual responsible for administration. Motion by Hoogendyk, seconded by Cutting, motion carried unanimously, to adopt the Resolution to Participate in the Fire Insurance Withholding Program and name the Township Treasurer as the official responsible for administration. Roll Call Vote: Ayes – Bosch, Boven, Cutting, Hoogendyk, Neubauer, Commissaris, and Kerr. Nays – None. Absent – None.

Request for Leave of Absence – Lt. Jim Sams

Acting Chief Williams explained that Lt. Jim Sams has requested a leave of absence from the Department beginning June 16, 2008 and is anticipating returning to full status on September 15, 2008. Motion by Bosch seconded by Boven, motion carried unanimously, to grant Lt. Sams a leave of absence as requested.

Budget Transfer

Clerk Kerr explained the proposed budget transfer. Motion by Neubauer, seconded by Boven, motion carried unanimously, to approve the budget transfer as proposed: Increase Carry Over 101.000.000.100 by $95,000 and create new line item; Capital Outlay – Township 101.000.970.000 for $95,000, to cover cost of property purchased by the Township.

Request to Obtain an Appraisal for Property Located in Section 14

Motion by Bosch, seconded by Kerr, motion carried unanimously, to obtain an appraisal for property located in section 14.

Permitted Uses in I-District

Attorney Thomsen stated that the Planning Commission received a request from an applicant to include as a permitted use in the I-1: Industrial Zoning District: “Commercial Recreational Enterprises Including Bingo Halls.” The Planning Commission discussed the proposal, and decided they would recommend the amendment to add “bingo halls” as a special exception use in the I-1 district, so that they could get an indication from the Township Board whether they are supportive. Members of the Planning Commission are not enthusiastic, but if the Township Board supports the concept, they could, too. It is her understanding that the applicant has withdrawn their request. Board members indicated their aversion to the request. Motion by Commissaris, seconded by Bosch, motion carried unanimously, to send the recommendation back to the Planning Commissions for reconsideration.

BOARD MEMBERS COMMENTS

Supervisor Commissaris announced that Attorney Thomsen is retiring and tonight would be her last board meeting. He stated that her wisdom and advice has served the township well. Board members extended congratulations and appreciation.

Attorney Thomsen stated that Texas Township was the first township she represented and has experienced many interesting times. She stated it has been a great experience.

ADJOURNMENT

Due to no further business to come before the Board, the meeting adjourned at approximately 8:00 p.m.

Submitted: Approved:

Linda M. Kerr, CMC, MPA

Attested: Supervisor Ronald E. Commissaris