TEXAS TOWNSHIP BOARD MEETING MARCH 10, 2008

CALL TO ORDER

Trustee Hoogendyk called the meeting to order at 7:00 p.m. inviting all to join Trustee Cutting 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, and Clerk Linda Kerr. Also present was Attorney Lynda Thomsen, Fire Chief Michael Corfman, and approximately 15 interested persons. Absent: Trustee Donald Boven and Supervisor Ronald Commissaris.

CITIZENS’ COMMENTS NON-AGENDA ITEMS

There were no comments

ADOPTION OF AGENDA

Clerk Kerr asked to add to the Agenda under BUSINESS: I. 2008 Road Projects. Motion by Bosch, seconded by Cutting, motion carried unanimously, to adopt the agenda as amended.

GENERAL CONSENT AGENDA

Trustee Hoogendyk asked if any citizen or board member wanted to remove any items from the General Consent Agenda. Motion by Kerr, seconded by Hoogendyk, motion carried, to approve the General Consent Agenda consisting of minutes of the February 25, 2008 board meeting and February 26, 2008 joint meeting, as written; Bills for $46,285.71, bills paid prior to the meeting for $6,139; Cash Report; Reports from the Building and Zoning Enforcement Departments; and Correspondence from Consumers Energy concerning street light fixtures.

LAND DIVISIONS/ZONING PERMITS/BOARD/COMMITTEE RECOMMENDATIONS

There were no recommendations submitted.

BUSINESS

Outdoor Furnace Ordinance

Attorney Thomsen explained that she made the changes to the Outdoor Furnace Ordinance as directed by the Board; if the Board acts tonight, the ordinance would take affect 30 days after publication after adoption. The Board then listened to public comment from individuals that utilize outdoor furnaces regarding the burning season, setbacks, chimney height, and prevailing winds. A lengthy discussion ensued on the feasibility of changing the burning season to October 1 – May 15 inclusive in any year to allow those individuals without any other type of heating to utilize the furnaces while the weather is still cold, stack height, and how to address outdoor furnaces that utilize natural gas, fuel oil, etc.

Motion by Bosch, seconded by Hoogendyk, motion carried unanimously, to postpone action until the next meeting.

Water Ordinance Amendment

Motion by Kerr, seconded by Cutting, motion carried unanimously, to adopt the ordinance to amend the Water Ordinance. Roll Call Vote: Ayes – Bosch, Cutting, Hoogendyk, and Kerr. Nays – none. Absent – Boven and Commissaris.

Huntington Hills Street Lighting

Treasurer Neubauer explained that the developers of the Huntington Hills development submitted a petition for streetlights and signed a wavier to forego a public hearing. The district is composed of the Huntington Hills development and consists of ten street lights, nine within the development and one at the corner of West P Avenue and the entrance to the plat. The estimated cost of electric for 2008 has been paid in advance and the district will be added to the combined special assessment street lighting district for 2009. Motion by Cutting, seconded by Bosch, motion carried unanimously, to approve the Huntington Hills Street Lighting District and add it to the combined district for 2009. Roll Call Vote: Ayes – Bosch, Cutting, Hoogendyk, Neubauer, and Kerr. Nays – None. Absent – Boven and Commissaris.

Planning Commission – Michael Mair

The next issue addressed by the Board was the memo from Clerk Kerr regarding Planning Commission member Michael Mair. Mr. Mair reported that due to a change in employment he will be unable to attend planning commission meetings for the next four months. Consensus was reached that Mr. Mair is a valuable member of the Planning Commission and that he remain a member.

Temporary Building/Electrical Inspectors

Clerk Kerr reported that during the last payroll audit a request for liability insurance was requested for temporary inspectors. Since these inspectors work for other municipalities she felt liability insurance was not an issue; however, since the individuals are paid through accounts payable and issued a 1099, the auditors wanted proof of insurance. The insurance agent confirmed that the Township would be covered but not the temporary inspectors. She felt the township had three options:

• Continue paying as an independent contractor and require proof of liability insurance;
• Pay as an employee and pay all the required payroll expenses; or
• Pay municipality where they are employed and have that entity responsible for withholding etc.

Board members expressed that they did not want temporary inspectors considered employees and directed Clerk Kerr to investigate whether a rider could be added to Township’s insurance to cover these individuals. Attorney Thomsen suggested developing an intergovernmental agreement concerning full-time employees that work for other municipalities regarding hours of work, continuing education, etc.

Lease – Township Property 6 th Street/S Avenue

Clerk Kerr explained that a couple of years ago the Township purchased property on the northeast corner of 6 th Street and S Avenue. The property was part of a larger parcel being utilized to pasture horses. At the time of purchase, the township allowed the property to continue under the same use, but never implemented any type of agreement. Attorney Thomsen explained that adverse possession does apply to townships; however, she felt there should be some type of agreement. Chief Corfman explained that the property is being mowed and maintained. Consensus was reached directing Attorney Thomsen to put together an agreement with consideration being a nominal amount. Board members also stated that they are not interested in selling the property.

Status of Liquor License for Stadium Drive Property

The Board reviewed information from Clerk Kerr concerning the conditional approval of a Class C liquor license for Red Arrow LLC at 10432 Stadium Drive. Attorney Thomsen explained that the Board granted approval conditioned upon an approved site plan; however, the Planning Commission at its last meeting denied the plan. Discussion ensued on the need to notify the Liquor Control Commission explaining the status of the site plan and ask that the conditional approval be revoked. Motion by Neubauer, seconded by Hoogendyk, motion carried unanimously, for Clerk Kerr to write a letter to the Liquor Control Commission requesting the conditional approval be revoked.

Fire Department Requests

Promote Firefighter – Nathaniel Rymill

Fire Chief Corfman explained that Nathaniel Rymill has completed all the training requirements and recommended promoting him to firefighter II status. Motion by Cutting, seconded by Bosch, motion carried unanimously, to promote Nathaniel Rymill to firefighter II status.

New Hire – Mallory Arnold

Chief Corfman stated they have received an application from Mallory Arnold who is employed as a paramedic by Life EMS and as a firefighter/emt on the Constantine Fire Department. Mallory recently moved to Portage and he recommended that the Board hire Ms. Arnold upon successful completion of the pre-employment health evaluation. Motion by Bosch, seconded by Cutting, motion carried unanimously, to hire Mallory Arnold as firefighter, training status.

Request to attend EMS Course – Lt Miller & Firefighter Williams

Motion by Cutting, seconded by Hoogendyk, motion carried unanimously, to approve attendance of Lt. Miller and Firefighter Williams at the Pre-Hospital Trauma Life Support (PTLS) class at Bronson Hospital for $200.00 each.

Disposal of Ladder

Chief Corfman explained that a 35-foot, three-section extension ladder had to be removed from service because it did not pass the annual ladder test. The ladder will not be replaced and he would like to sell the ladder by highest bid, which to date is $100. Board members directed Chief Corfman to dispose of the ladder to the highest bidder.

2008 Road Projects

Clerk Kerr explained that the KCRC submitted proposed road projects for 2008. She presented the Board with three HMA overlay and four chip seal projects. She explained that the chip seal projects could be approved at a later date. Motion by Cutting, seconded by Hoogendyk, motion carried unanimously, to approve the three HMA overlays projects:

• O Avenue - .5 mi west of 1 st Street to west county line
• West Crooked Lake Drive – Q Avenue to PQ Avenue
• Van Kal Avenue – R Avenue to Q Avenue

EXTENDED CITIZENS’ TIME

Chief Corfman reported that he met with Dale of EPS regarding the proposal for security and fire alarm systems. After reviewing the proposal he made a few minor changes. The biggest change is the location of the “guts” of the system, which he moved from the new addition to the old furnace room because that area is covered by the generator, if there is a power outage. EPS will be submitting a new proposal indicating the changes.

BOARD MEMBERS COMMENTS

Trustee Bosch asked how the road restrictions adopted by Oshtemo Township will affect Texas Township. Attorney Thomsen explained that Oshtemo contacted Texas Township regarding designating N Avenue as a truck route because it is the boundary line between the two townships. N Avenue is currently a truck route, so there is no change.

ADJOURNMENT

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

Submitted: Approved:

Linda M. Kerr, CMC, MPA

Attested: Supervisor Ronald E. Commissaris