Thursday, January 13, 2011

2010-12-13 Minutes


Printed as submitted

Page 1 of 6 - Regular Board Meeting – Dec. 13, 2010

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 13, 2010 at 7:00 P.M. in the Township Board Room, located 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 Schultz-Yes, Clerk Gute-Yes, Trustee Archer- Yes, Treasurer Cudney-Yes, Trustee Campbell- Yes. Trustee Krajcovic-Absent (family medical).

Others Present: Attorney Lynn Bowne, Fire Chief David Johnson, Asst. Chief Thornburg, Building/Zoning Administrator Robert Delaney and Assessor Schweikert. MMR Manager Mac Donald – weather related absence.

Agenda: Clerk adds under Cemetery - A) Military Headstone Foundation Fee, New Business: - E) WWTP Board Appointment, F. Sunday Liquor Control and G. Dog Licensing. Moved Trustee Schultz, Second Treasurer Cudney to accept the agenda as printed with the additions. Roll Call: Supervisor Miller-Yes, Treasurer Cudney-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Archer-Yes, Trustee Campbell-Yes.

Minutes-Previous Meeting: Moved Trustee Schultz, Second Treasurer Cudney to approve the November 08, 2010 minutes as printed. Roll Call: Supervisor Miller-Yes, Treasurer Cudney-Yes, Clerk Gute-Yes, Trustee Schultz-No, Trustee Campbell- Yes, Trustee Archer-Yes.

Treasurer’s Report: Attached to minutes. Moved Trustee Schultz, Second Trustee Archer to accept the October 31, 2010 treasurer’s report as printed. Roll Call: Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes, Trustee Archer-Yes.

Public Comments: Opened at 7:08 pm and closed at 7:08 pm.

Resident Fawn Stephens thanks Tony Newman, Dick and Judy Gute for assistance on drain clean up.

Sheriff’s Dept. Rep./County/State Rep. Comments: The November 2010 report will be provided at the January meeting.

Page 2 of 6 - Regular Board Meeting – Dec. 13, 2010

Cemetery Report: Report on file. Four (1) open/close burial reported for the month of November 2010, for a total income of $200.

A) Military Headstone Foundation Fee: Moved Clerk Gute, Second Trustee Schultz to set a foundation fee of $75.00 to install headstones provided by the military. Roll Call: Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Treasurer Cudney-Yes, Trustee Archer-Yes, Trustee Campbell- Yes. (Note: Discussion prior to the roll call vote was that this foundation fee is for limestone foundations only).

Assessor Report: Report on file.

Fire Report: Report on file. The department responded to nine (9) alarms during the month of November 2010.

Moved Clerk Gute, Second Treasurer Cudney to send the Chief and Asst. Chief to the Fire Chief’s Strategy Tactics and Administration Seminar in Almont Michigan on Feburary 5th and 6th and to authorize the clerk to issue and release Fire check #3916 to PTS in the amount of $240.00 to pay for the seminar. Roll Call: Trustee Schultz-Yes, Clerk Gute-Yes, Treasurer Cudney-Yes, Trustee Archer-Yes, Trustee Campbell- Yes, Supervisor Miller-Yes.

Ambulance Report: Due to weather conditions Manager Jason Mac Donald was unable to attend.

Building Inspector/Code Enforcer: Report on file. Four (4) Building, One (1) Mechanical, One (1) Plumbing, Two (2) Electrical and One (1) Other (Cell Tower) permits were issued for the month of November 2010. Total amount collected for permits fees is $1,472.00. Administrator Delaney states the new 2009 Code Book coming out will include the new fire suppressant code for new residential home builds. He states this new code will hurt the building industry.

Unfinished Business:

A) Water Contract - update: Miller states that board members received the water contract update in their mailboxes. Included is a letter the water team put together plus responses. The team states in their letter that as a result of the responses that have been made it is possible for us to go forward and are asking that formal consideration be given on the water agreement at our January meeting.

Gute states she wanted to let the board know that she talked to a lot of people that called requesting absentee ballots this year and they want to do a petition, they want to vote on the water agreement. She felt the board should give them that right. Their main concern was double rates.

Cudney states they voted it down before. That’s right they didn’t want it then and they don’t want it now said Gute.

Cudney states when it was on the ballot they turned it down and that’s when we were ready to put our own system in and they would not have paid double rates.

Page 3 of 6 - Regular Board Meeting – Dec. 13, 2010

A) Water Contract – update (cont.) : Miller tells everyone to bring their concerns to the January meeting.

B) Website Bids: Website information was obtained from Alisha Thibodeau. She lists her favorite sites as Charter Township of Garfield and Brighton Township as they seem to be easy to navigate and would be simple to design. She liked Brighton Township’s home page and Garfield Township’s calendar of events. Alisha did not include pricing in her handout, though could come to a board meeting for better explanation. Website bids will again be placed on January 10, 2011 agenda and continue to be on the agenda until a decision is made.

C) Siminski Situation - update: Attorney Bowne states Mr. Siminski was served by the Sheriff’s Department. There is an order against him that he is not to engage in any recreation activities on his property. Administrator Delaney is the Township Enforcing Agent and he needs to witness any violations that take place on Mr. Siminski’s property. Any violations whether mud-bogging, winter snowmobile races and the like will be noticed on for a show cause before Judge Lostracco on why Mr. Siminski should be held in con tempt of court. If Mr. Siminski does not show up it would lead to a bench warrant. That would set the stage for him to be arrested and get him in front of the judge. At that stage is when we would get him in compliance. He can come to the Township and submit for a conditional use permit that would allow him to hold such events but we just haven’t been able to get him in here.

D) Cemetery Rules: Discussion regarding no benches. Consensus of the board was to define benches to mean those other than headstone benches. Moved Trustee Schultz, Second Trustee Archer to adopt the cemetery rules as presented and; authorize a large print to be made for the garage window and a few smaller prints to be made to place throughout the cemetery. Ayes: All. Nayes: None.

E) M.T.A. Conference – Grand Rapids Jan 26, 27, 28: Moved Clerk Gute, Second Treasurer Cudney to authorize board members, assessor and the building administrator to attend the MTA Convention in Grand Rapids January 26, 27 and 28th and that the Township will pay for the cost of the conference. Ayes: All. Nayes: None.

New Business:

A) Board of Review Appointments – 2 Year Term 2011-2013: Moved Treasurer Cudney, Second Trustee Schultz to appoint Ed Buchmayer, Robert Delaney and Frank Lorenz as Board of Review members and Chad White as the alternate member with all terms ending December 31, 2013. Roll Call: Trustee Archer-Yes, Trustee Campbell- Yes, Trustee Schultz-Yes, Clerk Gute-Yes, Treasurer Cudney-Yes, Supervisor Miller-Yes.

B) Board of Review Training – Feb. 10, 2011 in Frankenmuth: Moved Treasurer Cudney, Second Trustee Schultz to authorize Ed Buchmayer, Robert Delaney, Frank Lorenz, Chad White, Steve Schweikert and Supervisor Miller to attend the MTA Board of Review Training in Frankenmuth on February 10, 2011 and to authorize the clerk to issue and release General Fund Check #4714 in the amount of $450 to pay for this training. Ayes: All. Nayes: None.

Page 4 of 6 - Regular Board Meeting – Dec. 13, 2010

C) Budget Workshop: A budget workshop will be held on Monday January 31, 2011, at 6:00pm.

D) Annual Meeting: The board chose not to hold an Annual meeting last year. Board members will need to decide whether or not to hold one this year. Miller states the last Saturday in March is the 26th. The decision will be made at the budget workshop.

E) WWTP – Appointment of Board Rep.: Gute states Trustee Archer is a newly elected official as of November and needs to be reappointed as the board representative to the WWTP. Moved Clerk Gute, Second Trustee Schultz to appoint Trustee Archer as the board representative to the Waste Water Treatment Authority with her term ending November 20, 2012. Ayes: All. Nayes: None.

F) Sunday Liquor Control: Consensus of the board is that the Township would not act on the early Sunday liquor sales at this time.

G) Dog Licensing: Gute states most have probably heard that the County is eliminating the Animal Shelter. Kay Lauro has done a lot of homework regarding this. She has drafted an ordinance that could possibly save our residents money in dog license fees and she is sending it to all the municipalities in the county. Gute then gave each board member and Attorney Bowne a copy of Ms. Lauro’s ordinance and relinquished the floor to Ms. Lauro for further explanation.

Bennington Township Resident/Owosso Township Emergency Services Taxpayer Kay Lauro:

The county has adopted a budget based on the fact they will be closing the animal control shelter. They haven’t closed it yet, but it is in the budget to close it. You might not be able to change that. They way it works is, in 2004 the county raised dog license fees to raise money to make improvements to the shelter so it would pass state inspection. Now they say the shelter still doesn’t pass state inspection and they can’t afford to keep it open. They have also budgeted to collect $137,000 in dog license fees. They collected $136,000 in 2010. The way they have it right now is they are going to make a $50,000 profit…. (At this point Supervisor Miller states “moving on” and cut Ms Lauro off).

Payment of Bills: Moved Treasurer Cudney, Second Trustee Schultz to approve the December 13, 2010 checklists including the recent additions per the board meeting for the payment of bills. Roll Call: Clerk Gute-Yes, Treasurer Cudney-Yes, Trustee Schultz-Yes, Trustee Archer-Yes, Supervisor Miller-Yes, Trustee Campbell.

(Cemetery checks – 1043 – 1052, Fire checks 3898 – 3916, General Fund checks 4692 – 4615, Sewer checks 383, T & A checks 2052 – 2055 and Water checks 595 – 596 shall be released for payment).

Public Comments: Opened @ 8:05 P.M. Closed @ 8:15P.M.

Resident Jeff Sines thanked the board for getting the woodpile removed at 659 Hollywood Dr. However, he would like to know when the hole would be filled in, when the pool would be taken care of, etc.

Page 5 of 6 - Regular Board Meeting – Dec. 13, 2010

Public Comments:

Administrator Delaney states there is nothing he can do about the house because no structural change was done to it and; Township ordinance does not address the dirt pile or the pool. The Health Dept. does not address the pool either.

Mr. Sines states neighbors were tired of looking at it and it is right across the street from Trustee Krajcovic.

Administrator Delaney states the house did not bother Trustee Krajcovic.

Clerk Gute states she had fire safety concerns. They only have one door now.

Resident Richard Gute states the homeowner cut into the basement wall and put a door in. That’s structural.

Miller states the Township took care of the one out on M21. We’ll look into it.

Gute states the talk last month was that you (Delaney & Miller) worked with Mr. Lee for three (3) years. We have zoning in place we shouldn’t be working 3 to 5 years to get things done. We need to go in and get it done. I know none of you would want to live next to or across from this. We need to do something. It’s ruining property values.

Cudney states when people don’t mow their lawn we go in mow it and add it to their tax bill. Why can’t we do something like that?

Miller states perhaps the board would like to look at the zoning book and draft ideas. Gute states the Planning Commission needs to do that.

Mr. Sines thanked the board.

Board Reports and Comments:

Refuse collection bid received. Will change service if price is cheaper elsewhere.

Record to reflect there are numerous minutes not signed by the Supervisor.

A lot of calls received regarding the possibility of a home on Day Rd that has been made into an apartment house. There is no way to prove this is an apartment house. The Township does not have the right or authority to do an inspection. Substantial information would be necessary before Township could take action.

Adjournment: Moved Trustee Schultz, Second Treasurer Cudney to adjourn at 8:28p.m.

Respectfully Submitted,

Judy K. Gute Danny C. Miller

Owosso Charter Township, clerk Owosso Charter Township, supervisor

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