2009-12-21 Fire Truck

Page 1 of 3 - Special Board Meeting-December 21, 2009

State of Michigan

County of Shiawassee

Charter Township of Owosso

Be it known that the Owosso Charter Township Board of Trustees met in Special session on Monday December 21, 2009 at 6:00 P.M. in the Township Board Room, at 2998 W. M 21, Owosso, Michigan 48867.

Call to Order: Supervisor Miller led the Pledge to the Flag.

Members in attendance: Roll Call: Trustee Archer-Yes, Supervisor Miller-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes, Trustee Krajcovic-Yes, Trustee Schultz-Yes, Clerk Gute-Yes.

Agenda: Moved Trustee Schultz, Second Trustee Cudney to accept the agenda as printed. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Treasurer Cudney-Yes, Trustee Campbell-Yes.

Public Comments: Open @ 6:08 P.M. Closed @ 6:08 P.M. – None.

Fire Department Candidates: Moved Trustee Schultz, Second Treasurer Cudney to hire Brian Bukovic to the Owosso Charter Township Fire Department as an at-will employee. Roll Call: Supervisor Miller-Yes, Trustee Archer-Yes, Trustee Campbell-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Clerk Gute-Yes, Treasurer Cudney-Yes.

Moved Trustee Krajcovic, Second Trustee Campbell to hire Brandon Sines to the Owosso Charter Township Fire Department as an at-will employee. Roll Call: Supervisor Miller-Yes, Trustee Archer-Yes, Trustee Campbell-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Clerk Gute-Yes, Treasurer Cudney-Yes.

There are 27 firefighters on the roster.

Submission of Bids for Fire Engine: (Note: It is 6:12p.m. and consensus of the Board was to wait until 6:30p.m. for final bid submissions as required in the advertised Notice to bid). 6:30p.m. Bid Openings – 1) Halt sent a letter of no bid to the advertisement because they were not given adequate enough time to place a bid. 2) R & R Fire Truck – Aluminum $442,858. If the chassis is paid for when complete $7,109 will be deducted. The chassis cost is $177,717 ($435,749). Performance bond cost is provided in total at $2,423. Stainless Steel $463,750. If the $177,717 chassis cost is paid upon

Page 2 of 3 -Special Board Meeting-December 21, 2009

completion $7,109 can be deducted. The performance bond is included in price at $2,537.

3) Ultimate Fire and Rescue – Ferra Intruder 2,000 gal heavy duty Pumper, aluminum body, 1,000 gal water apparatus $445,839. 4) Spencer Mfg. - Aluminum $456,868. 5) HME – Stainless Steel $456,502. Option 1: If a 2007 E.P.A. engine is not available add $11,523 for a 2010 E.P.A. Cummings ISL 9 450 hp engine. Option 2: Use a 1871 W Chassis with a 400 hp 2007 E.P.A. Engine in lieu of the Specter Chassis. Engine availability is limited – deduct $9,110. Option 3: Silver Fox Top Mount Pumper starting at $254,922.

(Recess @ 6:40P.M. for firemen to review the bids. Reconvened at 8:42p.m.)

Asst. Chief Johnson: The firemen were hoping the specs would have, came in under $400,00 but they didn’t. They went through all the specs from all the manufacturers and allowed them to bid both aluminum and stainless steel. Two of the bidders were slightly out of compliance. No major issues and nothing they could not have worked with. Two bidders were right on target with what they were looking for and had asked for. It basically came down to the fact that they felt they needed to go with the lower of the two prices. They decided to go with R&R and felt the quality was the same with them. This would be for the aluminum truck at $442,858 and if the Chassis is paid ahead of time the price would be $435,749. Within their specs they had some recommendations from the service end of it. A few items that would make servicing the truck a little easier and more cost effective down the road. Down the road the firemen would need to talk to the board about adding some of these items that may amount to less than $5,000.

Trustee Campbell questions the warranty differences, the differing service locations and would they come with lettering. Clerk Gute questioned if there was a difference in the time frame as to when the trucks would be completed and if R&R was the consensus choice of the firemen. Trustee Schultz questions if this truck would be a poly tank and if R&R built their own Chassis.

Moved Trustee Schultz, Second Treasurer Cudney to accept the firemen’s recommendation and authorize the purchase of the aluminum body fire truck from R&R Fire Truck and; to include the $5,000 extras at a total price not to exceed $442,858. Discussion: Trustee Krajcovic questions whether the firemen had considered enough the 10yr opposed to the 20yr guarantee on the body. Clerk Gute questions if the engines are the same. Roll Call: Supervisor Miller-Yes, Trustee Archer-Yes, Trustee Campbell-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Clerk Gute-Yes, Treasurer Cudney-Yes.

Page 3 of 3 -Special Board Meeting-December 21, 2009

Public Comments: Opened @ 8:52p.m. Closed @ 8:52p.m. None.

Adjournment: Moved Trustee Schultz, Second Trustee Krajcovic to adjourn at 8:52p.m. Ayes: All. Nayes: None.

Respectfully submitted,

Judy Gute, clerk

Owosso Charter Township

Danny Miller, supervisor

Owosso Charter Township

2009-12-15 Appoint Trustee

Page 1 of 5 -Special Board Meeting-December 15, 2009

State of Michigan

County of Shiawassee

Charter Township of Owosso

Be it known that the Owosso Charter Township Board of Trustees met in Special session on Tuesday December 15, 2009 at 6:07 P.M. in the Township Board Room, at 2998 W. M 21, Owosso, Michigan 48867.

Call to Order: Supervisor Miller led the Pledge to the Flag.

Members in attendance: Roll Call: Supervisor Miller-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes, Trustee Krajcovic-Yes, Trustee Schultz-Yes, Clerk Gute-Yes.

Agenda: Moved Trustee Schultz, Second Trustee Cudney to accept the agenda as printed. Roll Call: Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Treasurer Cudney-Yes, Trustee Campbell-Yes.

Public Comments: Open @ 6:08 P.M. - Closed @ 6:12 P.M.

Holly Crawford, 2450 Krouse Rd/Woods and Fields Trailer Park read a prepared statement. (per audiotape)

Dick Gute has been voted out of office twice by the voters of the Township. Once in the primaries and once, as a write in candidate.

He should only get into office when an election of the people and not as an appointment by a very small group. I found him to be a person who did not listen to the voters of the Township in the past.

(Supervisor Miller interrupts) - Holly, whatever your statements are Holly do not, make them as a personal attack.

(Ms Crawford continues) - All right, I don’t believe he should receive this opportunity handed to him without permission of the voters. You as a board need to represent the voters as fairly as possible on this issue. So please think of the voters that you represent when you are voting.

I also believe that Clerk Gute should not be able to vote on this issue. I have questions about her voting on a issue that would include a candidate that is her spouse and so I question that issue and I’d really like you to discuss that before you vote. Um, I was very happy to have John Archer representing the voters and I would be very happy to see Joy Archer do the same thing. I think we need to look for new views and strengths and ideas and I hope you pick a candidate that will have that.

Clerk Gute: I have a question. Lynn Bowne, may I ask for that to be entered into the minutes, the letter.

Page 2 of 5 -Special Board Meeting-December 15, 2009

Attorney Bowne: Sure, that’s no problem. (clerk note: Attorney Bowne asks Ms Crawford) - Do you intend that, you read it from a prepared statement right.

Crawford: Yes.

Attorney Bowne: Do you mind if the board puts it on …just files it away.

Crawford: Certainly. I was wondering if there was any ruling to go with Township meetings about someone um, one being on the, I mean as a member of the board being able to vote on a position where their husband is going to be one of the candidates.

Attorney Bowne: ‘Judy Gute is an elected public official. She has a right to vote on fulfilling John Archer’s vacant position and even though her husband is an applicant for this she has a right to vote on that. She is not hiding anything. The public knows they are married. Township law as applied to Townships and Charter Townships allows husbands and wives to be on the board together and rulings have come down through the attorney general and so forth that there is no conflict of interest. It is perfectly okay for a husband and wife to sit on a board together. In fact she is, mandated by our laws to vote. She cannot sit on the board here and abstain when her husband comes up for a vote and she can’t pass. She has to vote and that’s pretty clear in the law.’

Supervisor Miller: The other part of that is according to, like you said there are no court rulings but it doesn’t benefit her and until you, if you cannot show that there is a benefit in court for the statute.

Resident Mike Thornton: If I am not mistaken and someone correct me if I am mistaken but unless it is personal gain okay, then that is the only way they could abstain from voting. So in this case it is not a personal gain therefore she has to vote.

Supervisor Miller: And that would be the benefit and the part is as Lynn stated it would have to be we’re not allowed to, not vote. It has to be something there is tremendous conflict. At that time also to do that it takes a unanimous vote of the board to allow anyone of us not to vote on a particular issue or lets say that one of the board members makes a very prevailing case against them not voting. So we go from there.

Candidates are secluded.

Clerk Gute: Mr. Supervisor I need to bring to the attention of the board that the ad specifically states that the candidates “must” turn these in (letters of interest) being postmarked at the post office by a certain date. I did get one that was sent to the post office and two that were not. It’s this boards pleasure. I talked with Lynn and he has some information here, I’ll let him talk and let him explain.

Page 3 of 5 -Special Board Meeting-December 15, 2009

Attorney Bowne: Her ad for the Township board vacancy also went out and had a date specific and the submitted response was supposed to be sent to the post office box. Today I went to, through the Michigan compiled laws and some other municipal law books and talked to Katherine at Michigan Township Association and ran the issue by her too. Realistically a couple of things on this is that the ad did state that a response should be made to the post office box. However, this is a public building that is open a lot and people bring in communications and drop them off all the time here. A lot of communications are received by first class mail. Someone might have learned about the vacancy from word of mouth and may not have even have read the ad. It’s my opinion that the failure to send a response to the post office box does not prevent an applicant from appearing before this board to fill that position. Part of that reasoning is that there is no law that mandates the method of communication of a vacancy or of this boards interest in filling that vacancy. This is a ah …the whole philosophy is openness in township law, ah, Freedom of Information Act, full disclosure. There shouldn’t be any barriers for people to ah participate in Township government. One of the unusual things and it was a night, it was an interesting twist that Katherine at MTA said is she said well did the board unanimously cast a motion authorizing specific wording and I said no. I think the wording was devised by Judy.

Clerk Gute: Between Danny and I. Not the whole board.

Supervisor Miller: I called Judy the night before and we knew what was going on.

Attorney Bowne: So the two of you authorized the language. She said that language can’t restrict the people that are interested because it could have, if the board as a whole at a public meeting had discussed it and said okay we are going to make all applicants submit their applications by such a date to a post office box. Any applications for this position that are dropped off at the Township hall or delivered by first class mail will not be considered. But that would of had to of been by board resolution and since that wasn’t done then the applicants are really free to come in and ah ask this board that they be considered.

Clerk Gute: Lynn and I talked because I was concerned with the “must” in there because by state elections when it says “must,” you “must” do it.

(end audiotape)

(Clerk note: Candidate Richard Gute is the only candidate that followed the provisions of the ad. No motion is made to accept or deny the applicants that did not follow the provisions of the ad).

Page 4 of 5 -Special Board Meeting-December 15, 2009

Candidates’ Interviews and Appointment of Trustee:

Candidate Joy Archer – Has lived in Owosso Township for 25 years. Enjoys being a part of Owosso Township. She has not been actively involved because of other commitments but she has a deep desire to be able to work with people and feels she is an honest person. She thinks you have to listen to the people. There are probably a lot of things she doesn’t know about the rules and regulations of the Township so she would have to really study information given to her so she could make wise decisions when her vote came up. She has an accounting background and a bachelor’s degree though her degree is not in accounting. Works full time for Memorial Healthcare and teaches at Baker College.

Candidate Richard Gute – Born and raised in Owosso Township and has lived in the Township all but a few years when he lived in the city. He has a Bachelors of Science degree in Human Resources from CMU. He spent 30 years in the human resource field, served 6 years on the Township Board of Review, 8 years as Owosso Township Clerk and 8 years as Owosso Township Supervisor. His interest to get back on the board is that his experience would be a benefit to the board and Township. He is convinced that the future is going to get tougher for Townships with revenue sharing cuts and etc., and there seems to be a large wave of taking things away from Township government. He firmly believes that Townships are their own entity and they need to stay here, they are our grassroots form of government. He has very adamantly fought and will continue to fight that Townships remain as they are and not lose anything. We have to listen to the wants and desires of all our residents not just a minority. He wants to see that all the residents receive a fair shake and having 22 years of serving in one capacity or another ought to say something. States we still have a Constitution of this State and a Constitution of the United States though he believes there are several of our politicians that are not listening to that. He believes he has a right to sit here tonight and make an application for the position.

Candidate Mike Thornton – Resident of the Township a little over 25 years. He is a member of the fire department and is on the Township Zoning Board of Appeals. Loves being in Owosso Township and the Township has been very good to him. He wants to make sure that taxpayer dollars are being used wisely and not over spent. The taxpayers have a right to know where their dollars are going and believes their voices need to be heard. He believes in weighting out the decisions and you have to do it by facts not by innuendos or theories. He has maintained budgets at his place of employment. He wants to be a voice of the people. He wants to maintain Township zoning and see more enhancements there. He has been to technical schools and Mott Community College and Montcalm College for courses dealing with interpersonal skills and relationships. He thinks he can really be a benefit to the Township in the long run. He is a supplier quality engineer.

Page 5 of 5 -Special Board Meeting-December 15, 2009

Move Gary Schultz, Second Supervisor Miller to accommodate Joy Archer. Discussion: Trustee Krajcovic asked candidate Archer how much time she could devote to the position. Candidate Archer said she would hope she could give it everything it needed. She does work full time with the hospital job and she was not going to teach at Baker during the upcoming winter term. Treasurer Cudney asked Mr. Thornton how his time was. Mr. Thornton said his time was getting much better. Treasurer Cudney asked Richard Gute about his time. Mr. Gute stated he had all the time in the world. Clerk Gute felt time was important for research because that was the only way to make an informed decision. Roll Call: Supervisor Miller-Yes, Treasurer Cudney-Yes, Trustee Campbell-No, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Clerk Gute-No.

Public Comments: Open @ 6:55 P.M. Closed @ 6:57

Joy Archer states she wants the position for herself not her husband. She will do everything she can possibly do.

Board Comments: Clerk Gute said she had minutes that the Supervisor had not signed and asked if he was refusing to sign them. Supervisor Miller shook his head yes.

Adjournment: Moved Trustee Schultz, Second Krajcovic to adjourn at 6:54 P.M. Ayes: All. Nayes: None.

(Clerks Note: After the meeting resident Holly Crawford did sign and submit her prepared statement to be attached to the minutes. However, Ms Crawford called the clerk on Thursday December 17, 2009 and said she had changed her mind and requested that the clerk return her prepared statement/letter to her. Attached instead is a signed document by Ms Crawford that the clerk did return Ms Crawford’s prepared statement/letter to her).

Respectfully submitted,

Judy Gute, clerk

Owosso Charter Township

Danny Miller, supervisor

Owosso Charter Township

2009-12-14 Minutes

Page 1 of 6 -Regular Board Meeting-December 14, 2009

State of Michigan

County of Shiawassee

Charter Township of Owosso

Be it known that the Owosso Charter Township Board of Trustees met in regular session on Monday December 14, 2009 at 7:00 P.M. in the Township Board Room, at 2998 W. M 21, Owosso, Michigan 48867.

Call to Order: Supervisor Miller led the Pledge to the Flag.

Members in attendance: Roll Call: Supervisor Miller-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes, Trustee Krajcovic-Yes, Trustee Schultz-Yes, Clerk Gute-Yes. Others Present: Attorney Bowne, Fire Chief Greger, Bldg. Administrator Bob Delaney, Assessor Steve Schweikert, OCTMMR Manager Jason MacDonald, a host of Owosso Charter Township firemen and family members of Fire Chief Gerald Greger (the meeting room is filled to capacity).

Agenda: Moved Trustee Schultz, Second Trustee Krajcovic to add under “Unfinished Business” new item “f) Drain Bill” – and to accept the remainder of the agenda as printed. Roll Call: Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Treasurer Cudney-Yes, Trustee Campbell-Yes.

Minutes-Previous Meeting: Moved Trustee Schultz, Second Treasurer Cudney to accept the November 09, 2009 minutes as printed. Roll Call: Supervisor Miller-No, Trustee Krajcovic-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Trustee Schultz-Yes, Treasurer Cudney-Yes. The November 09, 2009 minutes stand as printed.

Treasurer Report: Moved Supervisor Miller, Second Trustee Krajcovic to accept the October 31, 2009 Treasurer’s Report as printed. Ayes: All. Nayes: None.

Public Comments: Opened at 7:07 p.m. - Closed at 7:11 p.m.

Harold Buck Kuisel served the public for 41 years and thanked the board for their service to the Township. Kay Lauro states it appears things the township had taken out of the water contract were put back in it again and the board seemed to be going in circles. She did not feel the board was doing a very good service to the township by doing that. This water contract isn’t mandatory. You don’t have to have a water agreement with the city. If you can’t get the city to agree to your terms she didn’t see why the board should keep caving into the city. She has been reading back through the minutes and she would not want to leave that legacy for her grandchildren to read down the road. Feels the board needed to pay closer attention to what they were doing. Paul Kruger states the contract was a difficult chore but hoped the board continued and didn’t know why someone from Bennington Township would have anything to say about the water agreement. Though he guesses everyone has there own ground to plow.

Page 2 of 6 - Regular Board Meeting-December 14, 2009

Sheriff Dept./County/State Rep Comments – SCBOC: Henrietta Sparks states there are vacancies on county boards and encouraged residents to apply for them. She also wished everyone Happy Holidays. SCSD: Monthly report had not been received yet.

Cemetery Report: Attached to minutes. Two burials for a total income of $1,150.00.

Assessor Report: Attached to minutes. Clerical Board of Review to be held Wednesday morning December 15, 2009. There is a 19% spread between taxable and sev. Residents that have been here a long time could see their sev drop 19% and taxes will go down 3/10^’s of a percent this year. The market in residential is dipping.

Fire Report: Attached to minutes. Responded to ten (10) alarms during the month of November 2009. Fire Chief Gerald L. Greger has decided to retire and read his letter of resignation;

Dear Ladies, Gentlemen and Members of the Board:

After serving for forty-one years on the Owosso Charter Township Fire Department, thirty one years as Fire Chief, I hereby tender my resignation effective January 1^st, 2010.

I have enjoyed serving my community all these years but I feel it is time to retire and enjoy that retirement with my wife, children and grandchildren.

I wish to thank all the Owosso Township residents and the Owosso Township Board a long with the surrounding townships for all their support throughout the years I have served for them. I thank them all for putting their trust and confidence in me.

I especially want to thank all the Owosso Township Firefighters, past and present that I have served with. Their support, trust and loyalty to me and all of you have made this department what it is today. I am so proud to have been a part of this fire department.

It has been a privilege and a pleasure to have, served this community.

With Sincere Thanks,

Gerald L. Greger, Chief

Owosso Charter Township Fire Department

Family members, board members, Owosso Independent reporter Helen Granger and Owosso Charter Township firemen highlighted experiences, special events and occasions surrounding their working relationship under the leadership of Chief Greger. Everyone stated Chief Greger would be missed though- wished a happy retirement. Chief Greger received a round of applause and a lengthy standing ovation.

Ambulance Report: Attached to minutes. Responded to forty-four (44) medical calls during the month of October 2009. MMR Manager Jason MacDonald stated MMR did take the fire department AED’s back to install new batteries in them and install a new software upgrade in them. One of them would not accept the update so Zoll sent a replacement.

Page 3 of 6 – Regular Board Meeting - December 14, 2009

Ambulance Report (cont.): The AED’s are back with the department now. Medicare cuts will cost them about $300,000 a year and MMR will have to be creative to work through the cuts. He has also enjoyed working with Chief Greger, they had a great relationship, he has learned a lot from him and wished him well in his retirement.

Building Report: Attached to minutes. Three (3) Electrical permits, nine (9) Mechanical permits, two (2) Building permits, one lot split and one (1) other were receipted for the month of November 2009 for a total of $1,772.50. Trustee Krajcovic inquired about the status of the home located at 3189 W. M 21. Administrator Delaney noticed the porch was done and a tarp was hanging over the basement wall. He plans to make contact with the homeowner again this week. The home on Osaukie Rd has been declared unsafe. Administrator Delaney and the county are working together on this situation as well. He also wished Chief Greger a happy retirement.

Unfinished Business:

a) Water Contract: Supervisor Miller states there were further talks this past week regarding the water contract with the City and the Township negotiating teams and the Supreme Court overruling of the Oneida verses Grand Ledge case. The City now wishes to study some new language submitted by the Township and consider some new council members and where they will go. Both sides are and do remain positive said Miller. Miller suggests that since the Township board also saw a couple of changes that the board, hold a special water contract meeting sometime in January.

Treasurer Cudney asks if the City will have been through it by then and have an answer as to whether they will accept or not accept at that time, or did Miller just want the board to study what they had. Miller states we will just study what we have and that Lynn had added two or three changes. Trustee Campbell asked if the City and all board members had the same copy of the agreement the board had just received. Miller states yes.

Resident Lee Wing asked if the Township would be charged double rates. Yes, said Miller. In all fairness to Mr. Wing’s question the board has not voted to accept double rates said Clerk Gute. Mr. Wing states he says this because he has paid double rates for 45 years and thinks it is atrocious. It’s highway robbery and it is next to blackmail. We got water you want and you’re going to pay double said Mr. Wing. Before we discuss this openly now, you are going to have the opportunity to come to that January meeting and express yourselves said Miller. Mr. Supervisor you said that we were going to debate this issue tonight, I have a lot to debate and now it will be in January asked Gute. That is my suggestion said Miller.

June might not have the right agreement and I just want to make sure we are all on the same page said Trustee Campbell. Trustee Schultz asked if June had checked her email. She said she didn’t have email that it was broke right now. Treasurer Cudney was given the new agreement.

Page 4 of 6-Regular Board Meeting-December 14, 2009

b) Fire Hall #1/Township Hall: Clerk Gute states the bid notice required bids to be mailed to post office box by 5:00 PM on Saturday, December 14, 2009. She did not receive any bids in her post office box. Though she did receive two bids in her mailbox at the hall prior to the cut off date. Since only two contractors showed interest the consensus of the board was to consider those bids. Perrin Construction Com., Inc bid $9,240 and JP Kulhanik bid $6,960. Moved Clerk Gute, Second Trustee Krajcovic to accept the bid from JP Kulhanik & Sons Construction LLC in the amount of $6,960 for the building repairs and alterations to fire station#1. Roll Call: Treasurer Cudney-Yes, Trustee Schultz-Yes, Clerk Gute-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Trustee Campbell-Yes.

c) Fire Hall #2 – Bids: Perrin construction was the only contractor Supervisor Miller was able to obtain. Perrin provided two proposals. Proposal #1 was for the Snow Guard System only at a cost of $4,500. Proposal #2 included the entrance canopies. Administrator Delaney states the entrance canopies should not be necessary with the specific snow guard system Perrin quoted. Consensus of the board was to install the snow guard system now and if at a later date it is found that the canopies are still needed the board would have them installed at that time. Supervisor Miller will contact Perrin Construction and authorize them to install the snow guard system per prior board direction.

d) Cemetery Update: Trees have been cut and trimmed.

e) FOIA Coordinator: Moved Trustee Schultz, Second Treasurer Cudney to appoint Supervisor Miller as the FOIA Coordinator. Ayes: All. Nayes: None.

f) Drain Bill: Clerk Gute states the board withheld the check to the Drain Commissioner last month until further information was provided on two drains. Supervisor Miller had stated the Maple River drain was approved by the county, and we should pay it but we have not received any information on the Wilkinson drain and these are all on one check.

Gute wants to know why the Township was charged for all of the Wilkinson drain work. Miller states the Maple River drain is just an at-large and the Township will get charged again next year but it will be minimal again. Gute said she knows people have to petition for drain work and thought there was a certain amount in each drain fund for maintenance. Supervisor Miller said there was a drain fund. That wound up in the courts something to the tune of $390,000. Somebody wasn’t putting up the money. So after this lawsuit took place they had the $390,000 and Tony has been trying to get some money put into that to take care of it along with Clinton County and another one said Miller. Then nothing yet on the Wilkinson Drain asked Gute. Miller was not familiar with the Wilkinson Drain. There was a question on whether it was draining water from an individual’s property. It was not petitioned and there was no charge to the people said Gute.

The $800 one said Trustee Campbell. Miller said the board discussed the $800 one 3 months ago and he thought it was cleared by the board. That’s the one I said last month that I take total and complete responsibility of. I made that decision because at that time there was three or four board members gone said Miller. I prefer an itemized list of what was done on that drain said Gute. Wouldn’t the drain office have that, it’s on my warrant said Treasurer Cudney. Trustee Schultz asks where the drain is. It’s on Ruess Rd., Constine said Miller.

Page 5 of 6-Regular Board Meeting-December 14, 2009

f) Drain Bill (cont.): Moved Clerk Gute, Second Trustee Campbell to void the November check to the Drain Commissioner and to reissue a check that pays for all drain work except the Wilkinson drain until additional information is provided. Discussion: Trustee Krajcovic asked what are we going to get. It’s a front road drain and the person dug-it themselves, now we have to pay for it and we need to know what all transpired there. It goes up towards the lake and then comes down along the road said Gute. So what you want is an itemized billing on what transpired asked Schultz. Yes, how did this come about with this person doing the work and then it falls all back on the Township? This work should have been petitioned to be done or someone else could ask us to do their drain work too said Gute. If it’s a county drain they have a right to do it don’t they asked Schultz. Gute said it goes right up into the property.

This is the one where Mike wanted to do something and he had contacted the drain office and Tony called me said Miller. He then called Sid Grinnell and Sid and he talked about it. He then called Tony back and asked him what exactly do we want to do and he explained that we would do the ditching and it was Mike that was going to do the work. So he talked to Gary and June. Then he called Lonny knowing that road construction was taking place but at that time the project had gotten moved up. After talking to June she said they had done some ditching after her road had been replaced and they done some damage to it. So taking that into consideration I made that decision and I take full and absolute responsibility for it. If I erred then I erred said Miller.

This is a ditch along the road, we get free gradall work and the gradall should have done this said Gute. We had used our gradall time, then we had some other gradall work coming in and that work was getting done and we were the very last to get the gradall system of the 16 Townships said Miller But they would have to wait like the rest of the people, we do a gradall list, some get done one year and others the next said Gute.

Are we talking drains on the road or are we talking County drains asked Cudney. That’s what we want to know, it’s along the road so was it a road commission job said Gute. I’m just trying to look after the taxpayer’s money here and I don’t think we should pay it if it’s not the Township’s responsibility. Roll Call: Treasurer Cudney-No, Trustee Schultz-No, Clerk Gute-Yes, Trustee Krajcovic-No, Supervisor Miller-No, Trustee Campbell-Yes.

Moved Clerk Gute, Second Trustee Krajcovic to release the November check made payable in full to the Drain Commission office. Roll Call: Trustee Schultz-Yes, Clerk Gute-No, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Trustee Campbell-No, Treasurer Cudney-Yes.

New Business:

a) Special Meeting – December 15, 2009, 6:00PM – To fill trustee vacancy: Announcement of meeting made.

b) Special Meeting – December 21, 2009 , 6:00PM – New Fire Truck: Announcement of meeting made.

Page 6 of 6-Regular Board Meeting-December 14, 2009

Not on the Agenda: Supervisor Miller states 4 Board of Review members and himself plan to attend an advanced board of review training class in Frankenmuth. Moved Trustee Schultz, Second Treasurer Cudney to authorize the 4 board members and the Supervisor to attend the board of review training class in Frankenmuth at a cost not to exceed $70 each. Roll Call: Trustee Schultz-Yes, Clerk Gute-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes.

Payment of Bills: Moved Trustee Schultz, Second Trustee Campbell to accept the December 14, 2009 checklists as printed and to release all checks. Roll Call: Treasurer Cudney-Yes, Trustee Schultz-Yes, Clerk Gute-Yes, Trustee Krajcovic-Yes, Trustee Campbell-Yes, Supervisor Miller-Yes. Cemetery checks – 949 – 965 (check 958 is void), Fire checks 3437 – 3478, Fire 2 check 135, General Fund checks 4305 – 4330, Sewer checks 357 – 359, T & A checks 2005 - 2007 and Water checks 552 – 557 shall be released for payment.

Public Comments: Opened at 8:37PM. Closed at 8:39 PM.

Chief Greger states the department would also like to present two individuals at the December 21, 2009 special meeting for the board to interview for possible employment. The item will be added to the agenda.

Communications/Board Comments & Reports:

The Shiawassee County Chapter MTA Annual 2010 Dinner will be held on November 09, 2010.

Owosso Charter Township will host the January 5, 2010 Shiawassee County Chapter MTA meeting.

Adjournment: Moved Trustee Schultz, Second Trustee Campbell to adjourn at 8:44PM. Ayes: All. Nayes: None.

Respectfully Submitted,

Judy K. Gute

Owosso Charter Township, clerk

Danny C. Miller

Owosso Charter Township, supervisor

2009-12-04Revised Water and MOU

Revised Water District Agreement and

Memorandum of Understanding

which is made part of the

Agreement per subparagraph 21.

.....

Changes in paragraph 17 with regard to the rates due to Onieda Township being overturned by the Michigan Supreme Court, because Oneida had signed the contract prior to the law going into effect in 1982.

....

A new paragraph 18, was added because of double rates, the Township now will receive 25% of the charges from the City.

....

With the addition of the new paragraph 18, paragraph numbers thereafter were changed.

....

Based upon additional feedback from the City,

the commitment of the Township to upgrade certain water lines

by spending up to $100,000.00 has been added back

as new paragraph 21 to the Memorandum of Understanding.

2009-12-04WATER DISTRICT AGREEMENT

WATER DISTRICT AGREEMENT

This agreement made this _____ day of _____________, A.D., 2009, by and between the City of Owosso, a municipal corporation organized under the laws of the State of Michigan, party of the first part hereinafter called "City"; and Owosso Charter Township, hereinafter called "Township", a Public Body Corporate organized under the enabling laws of the State of Michigan; party of the second part.

Witnesseth:

Whereas, City maintains and operates a water supply system, and is authorized by law to make the facilities and services of said water system available to other legal entities; and

Whereas, Township has the authority to contract with City for the purpose of securing extensions of water mains throughout adjacent portions of the Township and to provide water service by the continued operation of such mains by City; and

Whereas, it is necessary for the public health, welfare, and safety and desirable to provide for water supply for portions of Township; and

Whereas, City and Township are authorized by P.A. 35 of 1951, as amended, and P.A. 34 of 1971, as amended, to enter into contracts for the provision of municipal services, including water supply and transmission;

Now, therefore, in consideration of the premises and the mutual undertakings of the parties hereto, it is agreed:

1. City agrees to sell and deliver water to customers in the Township (except the Township land Zoned A-1) subject to conditions stated herein.
2. Township agrees, that in the Township areas that do not have city water, it will
   construct, at no capital expense to City, the water distribution system and appurtenances including storage as needed within said districts. Ownership of the water distribution system, constructed by Township at no capital expense to City, shall be owned by Township.
3. The provision of water service to customers on the boundaries of the City and
   Township when such service does not require the extension of water mains shall be permitted as of right; but notice must be given to both City and Township.
4. City, to the best of its ability, shall deliver water to customers within the
   Township service area at such rates of flow as may be required to meet ordinary needs, and as may be required to meet peak hour and fire flow demands to the same extent that peak hour and fire flow demands are met within the boundaries of the City and as may be provided through the districts’ water distribution system.
5. After the distribution system, or portion thereof, has been installed and accepted
   by Township and City, City will operate said system, furnishing water to the water customer in the same manner used in furnishing water to the water customers within the city boundaries except as hereinafter provided. All water furnished shall be measured by meters located on the premises of each customer in the same manner as is required by the Code, Ordinances and Rules and Regulations of City for measurement of water used by water customers in the city. Water meters shall be furnished, maintained and replaced by City, and title to the water meters shall remain in the Township if installed after this Agreement is signed. The initial meter cost shall be included in the customer connection charge.
6. City agrees as part of its operation to keep the water distribution system in good repair, including maintenance of fire hydrants, valves, mains, other appurtenances and the repair of leaks and items of similar nature usually associated with the routine maintenance and operation of a public water supply system; except, that Township shall reimburse City for the costs of all changes in or damages to the distribution system and service connections as may be incurred by highway or street redevelopment or grading programs, sewer constructions, or other public works or public utility activities other than damage caused by the activities of City or its contractors. The Township shall be deemed to own that portion of the water distribution system within the Township, that preexisted this Agreement, when the Township substantially repairs or replaces such system.
7. Township agrees to adopt ordinances conforming to City’s water utility
   ordinances to enforce utility operation in compliance with City’s Water Ordinances, Water Bond Ordinances and sound public health and engineering practice.

1. Township further agrees that City shall have full access to all of its streets, rights-
   of-way and utility easements within said water districts for the purposes of repairs and maintenance to the water system. City shall give reasonable notice to Township for any projects in which streets will be closed for repairs to water system, and notice to the Township when water is provided to any Township legal entity.

9. Township may extend or expand the water distribution system as provided for in paragraph 11 at the expense of Township or through applicable special assessment procedures established by law. All water main sizes and arrangements, valve locations, and reserve storage shall be established by mutual consent of the parties, subject however, to a master plan, meeting good engineering precepts for equalization of supply and pressure throughout the total distribution system.

Should the City have engineering or water capacity issues as a result of the Township expansion the parties will work in good faith to solve the same.

10. All specifications, construction methods and installations of water mains, taps, service connectors, fittings, meters, and other appurtenances of the water distribution system in the districts shall comply with all City standards, specifications, and rules and regulations, from time to time in effect for the distribution system in the city; and all rules and regulations of City pertaining to the control of, or restriction of, the use of water taken from City’s water system shall apply in the districts; and all rules of the Michigan State Plumbing Code and Michigan Department of Environmental Quality pertaining to water systems shall apply in the district.

11. Township agrees that no extensions or additions of water mains shall be made and no pumping, regulating, storage, or other facilities shall be installed until clear and complete plans and specifications for such work shall have been submitted to and approved by City. Such approval shall not be unreasonably withheld but may be withheld if such extensions or additions might render the City unable to meet its obligations under the provisions of paragraph 4 above. When it appears that approval might be withheld, City agrees to notify Township and to meet and confer with Township officials to discuss the reasons for such action and to consider potential remedies.

12. It is understood and agreed that City shall have the right through its City Manager, or his appointed agent, to inspect all water pipes, taps, service connections, fittings, meters, and appurtenances, during installation, installed, or intended for use in the system, during the continuance of this contract, for the purpose of insuring a uniform standard of construction for all areas served by City’s water supply system, and to avoid any damage to City’s system as a whole, arising from inferior material or workmanship in the component parts.

13. Township shall carefully guard against all forms of contamination. If at any time contamination should occur, the area or areas affected shall immediately be shut off and isolated and remain so until such conditions shall have been abated and the water declared again safe and fit for human consumption by the properly constituted governmental health agencies having jurisdiction of the areas affected. Further, it is provided that if it appears that an area within the supply system is contaminated and Township fails to timely act after notice from City, under Township ordinance, to isolate said contamination, then City shall have the right to shut off water service or isolate the same as City shall deem necessary for the protection of the general health, safety, and welfare of the public.

14. City expressly reserves the right to discontinue temporarily the supply of water to any of the pipes laid or to be laid by any district and to discontinue temporarily the entire water supply to the district whenever in the judgment of City it is necessary to do so to insure the public health, safety and welfare and/or to maintain or repair the water system. No claims for damages for such discontinuance shall be made by Township against City, its agents, servants or employees.

15. This Agreement shall be in full force and effect for thirty (30) years from the date of the agreement and shall automatically renew for two 30-period extensions unless one of the following occurs:

1. By mutual written agreement of the parties.
2. If after a passage of time, the township shall establish its own independent water system it shall give one year’s prior written notice thereof to the City; and then only with the consent and approval of the Michigan Department of Environmental Quality, provided such approval or consent is then required.
3. At the option of either party for any breach of this Agreement continuing after sixty (60) days written notice to the breaching party demanding conformance.
4. Upon the implementation of provisions of an agreement between City and Township pursuant to which City would provide water to Township on a wholesale basis.

Prior to the termination of this Agreement, City and Township shall meet to discuss the manner in which water service to existing customers in Township is to be maintained.

16. It is hereby agreed that no failure or delay in performance shall be deemed to be a
breach hereof when such failure or delay is occasioned by or due to any Act of God, Strike, Lockout, War, Riot, Epidemic, Explosion, Sabotage, Breakage, or Accident to Machinery or Lines or Pipe, the Binding Order of any Court or Governmental Authority, or any other cause whether of the kind herein enumerated or otherwise not within the control of the party against whom a breach is alleged, provided that no cause or contingency shall relieve the Township residents of their obligation to make payment for services rendered.
17. Rates
The rates for water supplied by City shall be such as City may establish from time to time, it being mutually understood that such rates shall always be reasonable in relation to costs incurred by City for the supply of water. Monthly water charges by City directly to customers in Township shall be two (2) times the rates charged directly to customers in City.

Fire hydrant service or rental charges shall continue as previously established wherein the City invoices the Township on an annual basis for each publicly owned and maintained fire hydrant located in the Township. The current charge is $108 per hydrant per year. The charge is intended to cover routine hydrant maintenance costs, water used for hydrant flushing and fire fighting or training, and a portion of the overall system costs attributed to meeting fire flow demands.

Changes to the fire hydrant rental charge shall be in direct proportion to changes in the City demand charge for fire sprinkler service, unless such charges are determined by a new cost of service rate study. A copy of the most recent hydrant list is attached. The charge has not applied to hydrants on borderline streets or to hydrants intended for use at City facilities in the Township, such as at the Mid-County Wastewater Plant or the West Side elevated tank.

The City and Township agree to work together to assure there is no unauthorized use of water from hydrants in the Township. If Township officials witness any questionable or unauthorized use of a hydrant in the Township, they are asked to immediately notify the City. In the event of use for fire fighting or training, the Water Plant Operator is to be notified either by direct phone (725-0560) or a call to have central dispatch notify the plant operator.

Such notification helps the plant operator understand the cause of the additional water use and to properly respond to increased water demand for fire fighting.

18. Owosso Charter Township Water District Fund

City shall quarterly transfer to Township, for deposit into a separate Township account entitled "Owosso Charter Township Water District Fund", twenty-five percent (25%) of the revenue from the metered sale of water in established water service districts of Township.

This fund shall be used solely for making replacements and improvements to the distribution system in the Township districts, including extensions and provision of system storage. An annual report detailing expenditures from this fund shall be made by Township to City upon request of City. Records of water sales in Township shall be made available by City upon request of Township.

19. Bad Debts - Uncollected Charges
For any bad debt expense experienced by City in the sale of water to customers in Township, the City may employ customary collection methods including the establishment of liens for the collection of unpaid utilities. City will cooperate with Township in establishing and enforcing liens for collection of bad debts.

Water service charges shall be collected by City. The rates and charges as established herein shall constitute a lien on the properties located in the Township receiving water services.

20. Connection Charges. City and Township may each, from time to time, establish water service connection charges. Such water service connection charges shall be collected by City upon applications for connection to the water system. Township connection charges billed and collected by City shall be transferred on a quarterly basis to Township. At the time of each transfer, City shall deliver to Township a report detailing the Township connection charge receipts, showing for each property address to which a water service connection has been made the amount of the Township connection charge collected.

21. Memorandum of Understanding. That attached hereto is a Memorandum of
Understanding, that is made a part hereof.

22. Amendments. This agreement may be amended from time to time by mutual
consent of the parties. Such amendments may only be made in writing.

23. Dispute Resolution. If a dispute should arise regarding the meaning or application
of the terms of this agreement, or if the parties are unable to reach agreement when the provisions of this agreement require it, City and Township agree to submit such matters to mediation by a Mediator that is approved by the Shiawassee County Circuit Court. If mediation fails, either party may seek its appropriate remedies in Shiawassee County Circuit Court.

24. Assignment. This agreement shall inure to the benefit of and be binding upon the
respective parties hereto, their successors and assigns.

25. Notice. Whenever this agreement requires the provision of written notice, that
notice shall be deemed to have been given when a letter is sent via first class mail addressed to the following:
A. For Township:

To Both the Owosso Charter Township Supervisor

and Owosso Charter Township Clerk

2998 W. M-21

Owosso, MI 48867

B. For City:

Owosso City Manager

301 W. Main Street

Owosso, MI 48867

26. Effective Date. This agreement is effective upon signing, however Owosso
Charter Township and the City of Owosso shall then form an operating connection between their respective existing water supplies, and Owosso Charter Township shall comply with DEQ rules and regulations for safely disconnecting their current wells and pumping system. The City and Township shall share the costs for connecting the two systems together. The Township alone will be responsible for disconnecting their current water supply.

In witness whereof, the parties have hereunto set their hands this ______ day of __________, 2009.


In the presence of : CITY OF OWOSSO

__________________________________ By:_________________________________
Michael Bruff, Mayor

__________________________________ And________________________________
Amy K. Kohagen, City Clerk


CHARTER TOWNSHIP OF OWOSSO

___________________________________ By:_________________________________
Danny Miller, Supervisor

____________________________________ And:________________________________
Judy Gute, Clerk