Thursday, December 31, 2009

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 1st, 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

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