TEXAS TOWNSHIP BOARD MEETING JUNE 9, 2008

PLEDGE OF ALLEGIANCE/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 Steven Bosch, Trustee Paul Cutting, Trustee Erin Hoogendyk, Treasurer Joyce Neubauer, Supervisor Ronald Commissaris, and Clerk Linda Kerr. Also present was Attorney Lynda Thomsen, Engineer Tom Wheat, Acting Fire Chief Jim Williams, and approximately 15 interested persons. Absent: Trustee’s Steven Bosch and Donald Boven.

CITIZENS’ COMMENTS NON-AGENDA ITEMS

There were no comments.

ADOPTION OF AGENDA

Supervisor Commissaris asked to add under BUSINESS: E. Parking Lot Extension – Texas Drive Park and F. Purchase of Property. Motion by Kerr, seconded by Cutting, motion carried unanimously, to adopt the agenda as amended.

GENERAL CONSENT AGENDA

Supervisor Commissaris asked whether any board member wanted any items removed from the General Consent Agenda. Motion by Neubauer, seconded by Hoogendyk, motion carried unanimously to adopt the General Consent Agenda consisting of minutes of the May 27, 2008 regular meeting and May 30, 2008 special meeting; Bills for $36,649.31 and bills paid prior to the meeting for $10,998.87; Cash Report; and Reports from the Building and Zoning Enforcement Departments.

PRESENTATION

New Fire fighter Introductions

Acting Chief Williams introduced new firefighters Dave Loza, Nick Kirk, and Tom Denharder.

Kalamazoo County Transportation Authority (KCTA)

Dale Hein, Project Manager of the Kalamazoo County Transportation Authority, introduced the KCTA board members that were in attendance. He stated that the Authority was created in January 2006 as part of an agreement between Kalamazoo County and the city of Kalamazoo to consolidate public transportation service throughout the county. One component of the consolidation was that Authority had to place a millage proposal on the countywide ballot on or before 2006. The KCTA did that and the millage was passed by the voters. The KCTA is mandated to have all transit operations under their management by 2009. On December 31, 2008, the Kalamazoo Metro Transit Authority will be dissolved and the city of Kalamazoo’s transportation assets and liabilities will be transferred to the KCTA. At that point, the city millage for transit and current countywide millage will disappear and a uniform countywide millage for all public transportation service will take its place; that millage request will be on the ballot in November 2008.

LAND DIVISIONS/ZONING PERMITS/BOARD/COMMITTEE RECOMMENDATIONS

Public Safety Committee

Purchase AED’s

Acting Chief Williams reported that the department is able to purchase AED’s for $800 each, which is approximately half the price of obtaining them through the state purchase program. AED’s are a valuable tool for the department and their goal is outfit each first responder with a unit. He explained that money was allocated in the 2008 budget to purchase another hydraulic pump; however, the price increased two-fold, so they would instead like to use that money for the AED’s purchase.

FEMA Safer Grant

Acting Chief Williams updated the Board regarding the request for the FEMA SAFER Grant. He explained that one purpose of the SAFER grant is for firefighter recruitment and retention by providing incentives for firefighters to continue their service in the fire department. Examples of incentives is college education cost reimbursement, marketing program costs to recruit new members, explorer, cadet, and/or mentoring programs, tuition assistance for higher education, professional certifications, and length of service awards. He explained that there is no matching fund required for the grant.

Fire Insurance Withholding Program

Acting Chief Williams stated the Fire Insurance Withholding Program is sponsored by the State Insurance Commission, which allows municipalities to escrow $7,681 from a home that is damaged by fire and or explosion losses to real property. If a home is destroyed, over time, it could create a blight and/or dangerous building violation. The escrowed funds can be used to demolish the home if the owner fails to do so; however, if the funds are not utilized for that purpose they must be returned to the insurance company.

Trustee Cutting stated that the Public Safety Committee is recommending approval on all three requests. Motion by Cutting, seconded by Hoogendyk, motion carried unanimously, to approve the purchase of 10 AED’s, to apply for the FEMA SAFER grant, and enroll Texas Township in the Fire Insurance Withholding Program.

Supervisor Commissaris commented that he was very impressed with the Fire Department and Lt. Miller in particular. Thirty minutes after the severe storms last Friday, Lt. Miller had a crew out removing tree limbs that were blocking roadways. He thanked those firefighters that responded for all their efforts and mentioned that he did not receive any complaints from residents, which is an indication of what a great job they did.

BUSINESS

Request for Final Approval of Final Site Condo

The Board reviewed a letter from Jim Roberts developer of the Bentwood Shores development requesting that Final Approval for Bentwood Shores be tabled until June 23, 2008. Supervisor Commissaris pointed out that in reviewing the current drawings there is nothing regarding the pathways or boardwalk along 8 th Street, which was a condition of the Planning Commission and Township Board.

Resolution Setting Public Hearing to Expand DDA District

Attorney Thomsen reported that at the last meeting the Board tentatively set June 24, 2008 as the public hearing date for expanding the DDA district. She reviewed the statute and public notice must be published two times, the first not less than 20 days prior to the hearing, additionally notice must be posted in 20 places in the district, and mailed by certified mail to all units of government that levy taxes in the district. The earliest that the public hearing could be held is July 14, 2008, and must be set by resolution. Motion by Kerr, seconded by Cutting, motion carried unanimously, to adopt the Resolution setting the Public Hearing for the proposed boundaries of the expanded Downtown District for July 14, 2008, at 7:00 p.m. Roll Call Vote: Ayes - Cutting, Hoogendyk, Neubauer, Commissaris, and Kerr. Nays – None. Absent - Bosch and Boven

Variance Permits for Outdoor Wood Burners

The next item addressed by the Board was the variance procedure for Outdoor Wood Furnaces. The adopted ordinance allows for two variances; on the lot size and from the 300’ distance from existing structures owned by others. Discussion ensued on the need to establish criteria for variances. Consensus was reached to direct Attorney Lynda Thomsen and Planner Russ Wicklund to establish variance criteria prior to the June 23, 2007 meeting.

Kevin Suhr of 8656 West R Avenue questioned whether a variance could be granted for stack height. Attorney Thomsen explained that any change to the ordinance is a board policy decision; however, to consider criteria other than what the ordinance allows requires an amendment.

Fire Works Permit – Great Lakes Burn Camp

Acting Chief Williams explained that he receive an application on behalf of the Great Lakes Burn Camp to put on a fireworks display for August 21, 2008. However, he has not yet received a copy of proof of insurance listing the Township and Fire Department as additional insured. Motion by Cutting, seconded by Neubauer, motion carried unanimously, to approve the fireworks permit for Night Magic for the Great Lake Burn Camp subject to proof of liability insurance and requirements listed by Acting Chief Williams.

Parking Lot Extension – Texas Drive Park

Supervisor Commissaris reported that Trustee Boven has been obtaining bids to expand the parking lot at Texas Drive Park. He has received two bids and the third company questioned who had submitted bids and stated they could not compete. The Board reviewed the bids of J. Allen & Company for $33,630 and Michigan Paving & Materials Company for $23,585. Motion by Cutting, seconded by Kerr, motion carried unanimously, to accept the bid from Michigan Paving & Materials for $23,585.

Purchase of Property

Supervisor Commissaris explained that the Board has been negotiating the purchase of property on Texas Drive and have reached an agreed upon price. Motion by Kerr, seconded by Cutting, motion carried unanimously, to proceed with the purchase of property on Texas Drive. Roll Call Vote: Ayes – Cutting, Hoogendyk, Neubauer, Commissaris, and Kerr. Nays – None. Absent – Bosch and Boven.

EXTENDED CITIZENS’ TIME

Mark Goodwin of 6709 Texas Drive questioned the status of the ordinance regulating the parking of recreational vehicles. Board members reported that the ordinance was remanded back to the Planning Commission for further review at their June 24, 2008 meeting.

David Miller of 5812 S 4 th Street stated that he purchased a home on 4 th Street prior to the Mystic Pines development. Since the people in the plat are complaining, he felt the issue of parking recreational vehicles should be addressed in plat restrictions.

BOARD MEMBERS’ COMMENTS

Supervisor’s Update

Supervisor Commissaris updated the Board on meetings and issues he worked on during May:ongoingnegotiations regarding water contracts with the city of Kalamazoo, which includes a provision for requiring a well head protection ordinance that should be available for the Board’s review sometime in July or August; attended a wellness insurance seminar at Southwest Michigan First; and is in the process of setting up interviews to replace Attorney Thomsen, who is retiring July 1, 2008.

ADJOURNMENT

There being no further business to come before the Board, the meeting adjourned at approximately 8:15 p.m.

Submitted: Approved: June 23, 2008, as written

Linda M. Kerr, CMC, MPA

Attested: Supervisor Ronald E. Commissaris