Owosso Charter Township Minutes of Meetings

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^’sof 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

Tuesday, December 15, 2009

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:

City agrees to sell and deliver water to customers in the Township (except the Township land Zoned A-1) subject to conditions stated herein.
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.
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.
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.
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.
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.
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.

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:

By mutual written agreement of the parties.
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.
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.
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

2009-12-04MEMORANDUM OF UNDERSTANDING

WATER DISTRICT AGREEMENT
MEMORANDUM OF UNDERSTANDING

Re: Water District Agreement between City of Owosso and Owosso Charter Township dated May, 2009.

The following is to reflect negotiations between the City and the Township with respect to clarifying the provisions of the May, 2009 Water District Agreement. The format follows the paragraph numbering of the Water District Agreement.

2. Certain water mains and facilities, in the Township, are integral to the City
water transmission and distribution system and will remain under the control and ownership (unless hereafter modified) of the City. That ownership includes responsibility for future replacement by the City water utility. Such existing lines and facilities include:

the 600,000 gallon West Side elevated storage tank and related piping off Dowling Drive
16 and 12 inch water main from Delaney on Dowling Drive as extended to S. Chestnut Street
12-inch water main on S. Delaney as required to serve 210 S. Delaney (Woodard, Inc.)
12-inch water main on S. M-52 south of South Street to Collamer (Hopkins Lake) Park
16-inch water main between Palmer Street and Cook Road on the south side of Owosso
12-inch water main on N. Chipman between North St. and Chipman Lane
12-inch water main on Chipman Lane
12-inch water main on Chippewa Trail, on N. Shiawassee from Chippewa Trail to the north of 1464 N. M-52 (Kiwanis Village), along the north border of Kiwanis Village to N. Water St., and on North Water Street

In addition water mains on boundary streets between the City and Township shall remain under the control and replacement responsibility of the City water utility.

4. With respect to fire flow requirements the overall City water system is capable of meeting a fire flow of 3500 gallons per minute for at least 3 hours, which is the ISO (Insurance Services Office) standard fro municipal water systems our size. While the City supply pressure will remain above 60 psi during this fire flow, the pressure at various points in the distribution system will vary. The ISO standard looks fro the 3500 gpm needed fire flow while maintaining a 20 psi residual pressure in the area of that fire flow demand. Further, this 3500 gpm fire flow demand is geared toward industrial, commercial, or school areas. Smaller needed fire flow requirements may apply to less extensive service areas, such as large lot residential areas. Achieving the needed fire flows in the Township Water Districts will require proper distributions system design, including adequately sized and interconnected water mains and adequately positioned fire hydrants, and may also require additional system storage (elevated and/or with booster pumping facilities) depending on the future extension of potential districts. If such additional facilities were required only to serve the Township Water District(s), then the Township would be responsible for the cost for such facilities. If such facilities were designed to be of mutual benefit, then the City and Township would need to negotiate cost-sharing for such facilities.
7 and 10. Existing regulations, laws or codes do not require properties currently served by a valid groundwater well system to connect to the municipal water system when it becomes available, nor to fully abandon the well system if they elect to connect to the municipal water system. The parties understand that the regulation of existing groundwater wells is generally handled by the County Environmental Health Department and/or the Michigan Department of Environmental Quality. The primary concerns are to assure that any private wells cannot possible intermix with or contaminate the public water supply and that discontinued or substandard wells are properly abandoned to prevent potential groundwater contamination. To that end the following shall generally apply and shall be jointly enforced by the Township and City.

The City and Township shall encourage customers to properly abandon an existing well when connecting to the municipal water system.
If a residential customer elects to maintain an existing well for such purposes as landscape irrigation, the well shall be totally and permanently disconnected from the plumbing system served by the public water system. Customers maintaining a separate well system are subject to inspection to assure the systems remain separate.
A commercial or industrial customer, subject to routine cross connection control inspections, may maintain an existing well system provided that: the well meets all applicable standards and codes, all piping is clearly and properly labeled, and plumbing served by the public water system is kept separate from well system piping or protected by an approved and routinely tested backflow prevention device.

With respect to fire department connections to building sprinkler systems, both the City and Township agree to cooperate to assure that the municipal water supply to such building sprinkler systems is protected by an approved backflow prevention device to assure that water of questionable quality potentially pumped into the building sprinkler system for fire fighting purposes cannot "backflow" and contaminate the municipal water supply.

11. The Water District Agreement does not allocate or guarantee any specific portion of the Water System’s reserve capacity for future service demands in the Township Districts. Based on the Township’s long term demand projection estimated by Prein & Newhof in a 2003 Project Plan for the Township, the City Water System has adequate reserve capacity for normal growth and extension of water service in the Mid-County service area, including the initial Township Water Districts.

In the event of major new water service demands, such as a major industrial facility demand that might utilize a significant portion of the system’s current reserve capacity, or future conditions wherein the system’s reserve capacity no longer is adequate to meet projected 10-year demands, the City shall so notify the Township and provide for discussions and/or negotiations relative to allocation of reserve system capacity and/or provision of additional system capacity.

To properly assess the impact of a major new user in an existing Township Water District, the City should be notified and involved as early as feasible in the site plan review process. The City will review the proposed water use and advise the Township, and the proposed new user, of the water systems capacity to meet the requested service demand. Major new users are those involving a fire sprinkler service connection and/or a projected water use of 10,000 gallons per average day.

For more complex projects, such as joint extension of water and sewer lines, the cost accounting needs to be able to separately identify water project costs from sewer project costs. In the case of a project that included paving a previously gravel street following water main installation, the cost for street paving needs to be financed by other than water system funds. Wherever possible, new water mains and appurtenances shall be located outside of paved roadways but within rights-of-ways or dedicated easements that assure ready access by the City for future operation and maintenance. Use of water funds for street and drive approach paving are limited to unavoidable repairs directly necessitated by the water main installation.

18. With respect to water charges to District customers that are not recoverable by standard collection methods (i.e. bad debt), City and Township will work together to collect such charges through lien and collection via the property taxes. The intent is for the collection method to work the same as currently in place between the Township and the Township Utility (Sewer) Authority for collection of unpaid sewer use charges. The City would annually provide a list of uncollectible District water charges by property and amount for lien prior to the winter tax bill preparation. The City would also invoice the Township for the total amount of lien. The Township payment would be deposited to the Township Water District Fund. The Township would apply the liens and be reimbursed through the property tax system.

20. An alternate source of financing for Township Water District projects is for the Township to develop their own portion of a new service connection charge. To expedite the permitting process for new connections, the City will collect the Township portion of a new service connection fee along with the standard City connection charge.
For Township customers connecting to a City water main, such as on one of the borderline streets or to one of the water mains listed under paragraph 2 above, the City "water Main Assessment Charge" would be collected and remain with the City. This connection charge revenue would go toward the eventual replacement of the water main that remains the City Water Fund responsibility. Alternatively, the City and Township could consider a cost sharing arrangement for water mains that provide direct service connections to both City and Township customers.

21. Water System Upgrade
Owosso Charter Township agrees that upon signing of this Water Agreement, it will proceed forward with replacing undersized water lines on Babcock Street, between Chestnut Street and Cleveland Avenue, with eight (8") inch water mains and extending eight (8") inch water on Cleveland Avenue, from Babcock, south to Keifer and north to Marion Street to interconnect with mains on those streets. The Township shall contribute up to One Hundred Thousand ($100,000.00) Dollars but not to exceed One Hundred Thousand ($100,000.00) Dollars to complete these priority projects. These projects shall be completed within three (3) years from the date of signing the Water Agreement.
After the above improvements are completed, the Township, after consideration of the input from the City, may determine the project priorities for replacing and improving the distribution system in the township districts. By way of example, such improvements may include an extension to serve additional areas in the water districts.
The City input shall identify and prioritize replacement improvement needs within the existing service areas.
The Township has the right to contract with their own engineer for design, permitting and implementation of district projects. Alternatively, the Township may, if agreeable to the City, utilize the City for accomplishing replacement projects. In such case the City and Township will need to meet and agree on project cost accounting.

The above is approved as to the understanding of the parties negotiating the 2009 Water District Agreement.

OWOSSO CHARTER TOWNSHIP CITY OF OWOSSO
By:_______________________________ By:___________________________
Danny Miller, Supervisor Michael Bruff, Mayor
and and
__________________________________ ______________________________
Judy Gute, Clerk Amy K. Kohagen, Clerk

Friday, December 11, 2009

2009-11-09 Minutes

Page 1 of 13 - Regular Board Meeting - November 09, 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 November 09, 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, Treasurer Cudney-Yes, Trustee Krajcovic-Yes, Trustee Schultz-Yes, Trustee Archer- Yes, Clerk Gute-Yes. Others Present: Attorney Bowne, Fire Chief Greger, Bldg. Administrator Bob Delaney and O.C.T.MMR Manager Jason MacDonald.

Agenda: Moved Trustee Schultz, Second Trustee Archer to add under "New Business" item "E) Burnham & Flower and F) Flood Plain Ordinance 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, Trustee Archer-Yes.

Minutes-Previous Meeting: Moved Trustee Schultz, Second Treasurer Cudney to omit Trustee Archer’s name from the roll call vote under Payment of Bills, page 7 and to approve the remainder of the minutes as presented. Roll Call: Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Treasurer Cudney-Yes, Trustee Campbell-Yes, Trustee Archer-Yes, Trustee Krajcovic-Yes. The October 12, 2009 minutes stand as corrected.

Treasurer Report: Moved Clerk Gute, Second Trustee Schultz to accept the September 30, 2009 Treasurer’s Report as printed. Roll Call: Trustee Schultz-Yes, Trustee Archer-Yes, Treasurer Cudney-Yes, Trustee Campbell, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes.

Public Comments: Opened at 7:06 p.m. - Closed at 7:10 p.m.

Resident Paul Kruger – Street Light out in front of his house. He was told to contact Consumers Energy Street Light Department. Wanted to know if fire department sold the green and white address signs. He was told a fireman on the department sold them but the department itself did not sell them. He also felt a good place to start installing water was to get hydrants out to both fire stations. Township taxpayer Kay Lorraine Lauro said she noticed there was a reappointment to the Utility Authority on the agenda and wondered if the township ever advertised for these positions or how people would find out about these openings. She

Page 2 of 13 - Regular Board Meeting-November 09, 2009

said the county recently had an article in the paper seeking resumes’ for open board positions. Resident Wayne Rozman said when he was a commissioner, sometimes they did advertise and sometimes they didn’t.

Sheriff Dept./County/State Rep Comments – The Sheriff department handled 201 incidents during the month of October 2009.

Cemetery Report: Attached to minutes. Two lots sold to non residents.

Assessor Report: Attached to minutes.

Fire Report: Attached to minutes. Responded to nine (9) alarms during the month of October 2009. The door at the department’s fire training facility has been kicked in a few times. Because of this, they will be placing a Fire Training Facility sign out front. They felt the sign might detour this from happening in the future.

Ambulance Report: Attached to minutes. Responded to forty-eight (48) medical calls during the month of October 2009.

Building Report: Attached to minutes. Three (3) Electrical permits, one (1) Mechanical permit and; three (3) Building permits were receipted for the month of October 2009 for a total of $387.00. Administrator Delaney said Tom Leaf of 3189 W. M21 did update his permits. He said the violations are going into its fifth year as of tomorrow and he gave him 3 weeks to get the basement wall completed and the back yard cleaned up.

Trevor Langdon was placed on notice of possible legal action if he did not remove his unlicensed motor vehicles, parts, iron and etc. within 10 days (letter sent to him by Atty. Bowne on 10-21-09).

Supervisor Miller said he just spoke with Larry Johnson again on the Osaukie Dr and Nancy Warden he believed was the owner. He spoke with Jim once and he’ll get that over to Larry and Larry will get it to Casey and then they will try to take some action on that. We all know it’s, a slow process, it takes time he said.

Trustee Campbell inquired about the property on M21 that she had talked to Administrator Delaney about. It has about 4 or 5 trailers, about 9 cars, a bulldozer and etc. Administrator Delaney said a letter was sent out on that but he has not gotten a reply. Campbell’s concern was she did not want the situation going on for 5years because it was getting worse and worse again. Administrator Delaney will address it again.

Clerk Gute mentioned the township having tickets Admin. Delaney could use for enforcement. The township had to do what they had to do to keep the township clean.

Unfinished Business:

Water Contract Update: (per audio tape)

Page 3 of 13 – Regular Board Meeting - November 09, 2009

Supervisor Miller: Unfinished business, the Water Contract if you would bare with me for a few minutes I will talk slow so I can make sure that I don’t miss too many things. Looking at an article out of the Genessee County on well water parts per billion and where the government through the EPA is lowering those standards. But the well water flowing into your kitchen sink, country club, mobile home park may not be as clean as you think. So the article goes on and on to explain on well water and we are increasing the standards. So like I said bare with me for a while.

I inherited this contract which we have been working on for a number of years and we looked at some court cases. Oneida verses Grand Ledge came to light. And in Oneida verses Grand Ledge when they finally made the decision on it, it was 123.141 and what it actually says if the selling city produces its own water and serves an area with less than 100,000 people and one (1) percent of Michigan’s population, that’s 1% of Michigan’s population then it is not subject to 123.141 which was what the Supreme Court ruled.

There was also the Goodrich case. Now the Goodrich case served a sewer and I’ll get to this in a second. Then there was Lansing and Frankenmuth. They’re all dealing with whether you can charge a double rate. Well, what they came up with is that the rates cannot be unreasonable. They cannot be discriminatory. They must be based on some actual costs of providing water or sewer.

One of the other cases involved became Bolt which was out of, in Frankenmuth which they set aside $7,500 in a sewer. But those are the two main things they deal with the sewer and water.
What the Headley Amendment then works to is, you would violate the Headley Amendment if it was not proportionate to what was necessary. Cost of providing the service! It was imposed on just revenue raising alone and they’re not, and then it said, if they’re not voluntary. What I am getting at is then there was the Goodrich. The rates are based on reasonable costs.

So after going through our contract again and looking at you can’t, you cannot have some up front connections or tap fees just for the purpose of raising money. If …you can have them though to defray a portion of a capital cost. That came out of another court case.

So, as we, as with any contract, disputes arise over interpretations, over the intent of each language, over each period, each comma, etc. Procedures, we’ve talked about this last time we met with the city. Procedures will be in place for resolving any disputes once that joint agreement has been executed. These procedures should be and they will be, included in this intergovernmental agreement.

Page 4 of 13 – Regular Board Meeting - November 09, 2009

Generally speaking though, townships lack inherent (inaudible). They have a wide, wide authority for intergovernmental authority. That comes out of Article 7 and Article 28 of the Michigan Constitution. There is the Urban Cooperation Act. That’s a PA 1967. Mutual exchange of services without payment or Franchise. The PA 35 of 1951. PA 8 of 1967. Rates must be based on cost of service and reasonable.

Now, continuing on with this, the sulfur levels are up, we find new deposits of iron, we find new deposits of drugs, we find arsenic levels are up parts per billions and maybe it is time for us to really say, it is time for a township to get out of the water business.

Now who wants water? Well we know that the entire Industrial Park, those that attended our meeting said they wanted water. The business community has said they want water. Trailer Parks. Bruce Stine owns the one on South 52, he wants water. Stap Inc. has called me and said they want water. They had a well go out. They don’t want to go through this process. Apartment complexes. That will be Cider Mill. Stoney Creek has said we’ll give you our wells, you give us, you get us water. The comment out of the Industrial Park, one of the people out there that attended the meeting says I don’t want water tomorrow. I wanted it yesterday.

Why did we have water agreements? Um, a 4, we have three (3) 425’s. If I understand one of those, that was the condo apartments on Austin Lane or; off of Chipman Lane. That’s a 425. They wanted water. Woodard, wanted water. Demis Carthage wanted water. Kiwanis Village was an annexation along with Greg and Lou’s. They wanted the water and the sewer and they wanted first response. That’s what they told.

We’ve had three (3) to …we’ve had at least three (3) meetings concerning water. They have been advertised. We haven’t had anybody come to those meetings that have been outrageously against this township entering into a water agreement.

I believe the impact on our community is a positive. I believe the impact on our budget is positive. I believe the impact on the board is positive. I don’t see this as a risk for this township. If there is, I think it will be very minimal. Not all contracts are, perfect. It does aline with what our township plan, our township vision is and that is, a Master Plan. It is in line with our Master Plan.

I attended the MAPS meeting. Which is, the Michigan Association of Supervisors couple of weeks ago. It’s a three (3) day conference I attended for Thursday and a Friday. Um, I asked many different supervisors, one was from Armada and I can’t remember his name but I have it at home. And if you would like it I will get it for you. They have an Authority and they don’t, they’re not real thrilled with that Authority. None of them thought it would be wise to say let’s do a Franchise. Let’s do this. What is a Franchise? I’ll get to that later!

Page 5 of 13 - Regular Board Meeting – November 09, 2009

So the Franchise then became it’s …(inaudible). It’s Article 7, Section 29 out of the Michigan Constitution. It is consent to use. The city will access and create business and the city is going to put in certain lines. We had agreed to this. Any use of the Township, now when I said, we, had agreed to this, this was brought, this contract was brought before this board with two (2) TA’s prior to my assuming this position. I believe the rates are reasonable. The cost of delivery, now, if it is double the rate and this was never a key issue, the double the rate. But, let’s say that the rate is 1.75 goes to the city we get that other 25%. That’s the key! We’re making, I don’t like to use the word making, were receiving money put into the quarterly Township Water Fund.

Any use of that Township then, that Water Fund is for expansion and capital improvement so, we go from there. There is regress and grievance in this contract. There can be thir… so, you have a, then you have an op. A moment you say okay.

Caledonia put their water agreement together and each year that they’ve been in there working with this agreement, it’s worked out quite well with them. I’ve talked to John Orin. I’ve talked with Joe DeCaire. Nothing is perfect in this world but they are happy with what they have.

I see us questioning our ability to make a decision. We did do this we got rid of the different minuet or different districts, one, two and three and we said let’s make the entire Township a district. The very rural will never see pipelines. They won’t see them. But our high concentration, I know there’s members on this board who said, I’ve already said if you put water in front of me I’ll hook up. But the rural people will never see water.

I don’t believe the Township if it wanted to build it’s own could deliver water cheaper than what you could buy it for from the city. We can’t build our own system. Not in today’s market, not in today’s dollars. Um, so, we could have probably back in the 70’s. But even then I don’t think you could take a million dollars and say let’s build a small do it our self water system and make the delivery.

Part of the cost of delivering water …that reasonable rate that I’ve given you from three (3) to four (4) different court cases that cost is entitled in there and if you can make headway it, fine. Stand on that article, hang on give me a moment please (searching through his papers). Lost it right now I had a paper there.

The last time I said that the three (3) of us went over Trustee Schultz, Trustee Krajcovic we talked to the city and the city said listen you have, we have your latest proposal we’re ready to accept it as is, with Oneida.

Page 6 of 13 - Regular Board Meeting-November 09, 2009

What do we have by gaining and so I looked at some of this. I looked at some of what we were doing and I sat down ladies and gentlemen and I have about 8 pages of notes and studying and etc. What do we have to gain by going to a third party? I know this was a motion made by Trustee Krajcovic couple meetings ago.

I looked at what we did. We brought Lynn in on this. Gary Schultz and I met with Lynn. Lynn went through this. Then Lynn, then we sent this to Tom Newhoff. Prein and Newhoff, Lynn was almost verbatim with what Tom Newhoff and Tom Newhoff’s Corporation deals with this municipal contracts all the time. I believe that looking at Lynn we’ve had good representation. Good council. I believe we have a reasonable document staring at us. I know that Lynn was extremely instrumental in putting together our Industrial Park in the late 70’s, 77-78. Lynn was also very instrumental in putting together the Sewer Authority. Working with 13, 14million dollar contracts, creating ordinances. Um, so I’m looking at this and I would ask myself at two to three hundred dollars an hour why do we want to put this out to a third party and lose that money. I think we’ve had some excellent council here. Um, major contracts have been done by Lynn etc.

We’ve had water brought to us or I’m sorry Baker has had water brought to them. We did a planning commission they received a site plan. We had $47,000 plus in fees. I don’t think we’d ever make it up. All they did, was run another, they ran, they went from a one (1) to a six (6) inch line to deliver water to Baker. That was for fire suppression. They paid for all the taps and the Township received forty seven thousand dollars plus. Um, in my opinion they could have said we’d like, we’d like to go with annexation and I think by doing this with the water contract that we made with them, we made a smart move.

Now, I don’t see a lot of negatives right now. The taxpayers, um, those that want this, if you live in a subdivision and you’re getting older and you just put in a six thousand dollar well you may have a concern. That concern is relieved when you don’t have to hook up. You don’t have to hook up to this water system. That’s up to you. You can hook up, you can keep your well etc.

What I’m trying to get across to us is, I came in, I came in here in December. These two people have been part of, Trustee Schultz, Trustee Krajcovic have been part of the water agreement since day one. We’ve been at it for five (5) years.

What I would like to say to you and I have some other notes but I won’t go on. That’s strike one. Thank you public comments are over.

Page 7 of 13 - Regular Board Meeting-November 09, 2009

I called the Michigan Township Association on two different calls. One, the name is Katherine Molhalt. She’s a lawyer for the MTA. And they went through another lawyer and their idea was, I asked the other Township in such arrangement could a charge a fee to the municipality for a franchise the right to use the public rights of way could it offset contract fees charged by the municipality for water. We do not recommend taking such an approach. This was after sending it out too. I talked to I talked to some other people. I’ll go through that later.

My comment to you tonight would be and thank you for listening. I believe that we are as I’ve said last month we’re extremely close. I would like you to have all your issues bring your issues you have the contract bring your issues here in December. We will have discussion and debate in December and vote on it in December.

That would be my recommendation to this board. That again, I reiterate bring your issues with you. Not debatable tonight. And we’ll debate it, we’ll talk about it and then we’ll bring it up for a vote in December. That also comes from the negotiating committee. That does not come from just Danny Miller. That would be from Mr. Schultz and Mrs. Krajcovic. So

Clerk Gute: With that I would like to make a motion. I make a motion that all board members have a copy of what you just presented so we have a chance ourselves to go over all of that and I would also like to add it to the minutes.

Supervisor Miller: You would want my notes.

Clerk Gute: Yes and I would like a copy of the response…

Supervisor Miller: Um, I don’t, I, I, I, I would, I would tell you …

Clerk Gute: …from MTA. Did she put it in writing?

Miller: Um hum. Yes.

Clerk Gute: I’d like a copy. I’d like a copy of everything you have.

Supervisor Miller: Well I don’t know if I want to give you my notes but I will a …look into that.

Clerk Gute: You recorded it. You just read them into the Township Minutes.

Supervisor Miller: Yes, well then you are taping okay.

Clerk Gute: I make a motion that I receive a copy of everything he has to add to the minutes.

Page 8 of 13 - Regular Board Meeting-November 09, 2009

Supervisor Miller: I don’t believe a motion is necessary.

Clerk Gute: You have a motion on the floor.

Trustee Campbell: I’ll support it.

Supervisor Miller: A support, any discussion. These are my personal …if I was

Trustee Campbell: You know its just copies she wanted.

Supervisor Miller: Um, she wants a copy of what I read and those are my notes. I will check into it legally and see if I have to do that.

Clerk Gute: You read them into the minutes their part of the record. I would like to add them to the minutes.

Supervisor Miller: But if I read them into the minutes you must have them but the motion is out there. We’re gonna debate this. The motion is out there and your motion is?

Clerk Gute: That we have a copy of everything you just read to us that you read into the minutes.

Supervisor Miller: Well, I didn’t I’m reading and going on my notes as I see them. I will check into that. Okay! There is a , is anybody else have a comment? There is a motion and a second any further discussion. Hearing none roll call please.

Roll Call: Supervisor Miller-No, Trustee Archer-No, Trustee Schultz-No, Clerk Gute-Yes, Trustee Krajcovic-No, Trustee Campbell-Yes, Treasurer Cudney-No.

Treasurer Cudney: I have a question.

Supervisor Miller: Yes ma’am.

Treasure Cudney: Everything he said has a document to it anyway doesn’t it and is part of the minutes.

Supervisor Miller: No, everything I said I took notes and if you’ll look some of my notes have question marks and then I have arrows the way I write and the way I...

Treasurer Cudney: But that you got from MTA instead isn’t it…

Page 9 of 13 -Regular Board Meeting-November 09, 2009

Supervisor Miller: No, I took this and went to the Michigan Constitution. I picked this up from other sources by reading.

Clerk Gute: But you said you had a write up from MTA.

Supervisor Miller: I have, I have something here.

Clerk Gute: People can FOIA that because you put it in the minutes.

Supervisor Miller: I can, I can give you, yeah I didn’t say I wouldn’t give you everything I just said yes you ask me if I have a copy it’s from a Katherine Mahalt. Yes, if the Township board is negotiating you can they also have in there. Okay, so we’ll discuss it December. We’ve already had two (2) to three (3) TA’s come before the board.

FIRE HALL #1 Thank you.
(End audio tape)

b) Fire Hall #1: Supervisor Miller felt the fireman’s list of repairs became a wants verse a needs list. Moved Trustee Archer, Second Trustee Schultz to replace, repair and/or install the necessary sheet metal, service doors, insulation, electrical, adjust and seal overhead doors, add heat runs. to Fire Station #1. Roll Call: Trustee Archer-Yes, Trustee Schultz-Yes, Trustee Schultz-Yes, Treasurer Cudney-Yes, Trustee Krajcovic-Yes, Trustee Campbell-Yes, Clerk Gute-Yes.

c) Fire Station #2: Of the three construction companies the Supervisor contacted for bids only Perrin Construction showed to view the repairs. Perrin was ready to submit a bid. He asked for a motion to solicit bids through the paper. Motion John Archer to bid the project. Clerk Gute reminded the board that a motion to that effect was made at the last meeting. Trustee Archer rescinds his motion.

d) Mason Road House: Outside of the house looks really good now.

e) Cemetery update-bid: Moved Trustee Schultz, Second Trustee Krajcovic to accept the $2,715.00 bid from Greg Weinert’s Tree Service to cut and/or remove trees in the cemetery. Roll Call: Clerk Gute-Yes, Trustee Krajcovic-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Trustee Archer-Yes, Treasurer Cudney-Yes, Supervisor Miller-Yes. Clerk Gute states she will need a copy of Weinert’s liability insurance on file before they begin work.

New Business - a) Reappointment of Dave Johnson to the Utility Authority: Moved Trustee Schultz, Second Treasurer Cudney to reappoint Dave Johnson to a new 6year term on the Owosso/Caledonia Utility Authority with the term to begin on December 31, 2009 and end on December 31, 2015. Ayes: All. Nayes: None.

Page 10 of 13 - Regular Board Meeting-November 09, 2009

Shiawassee County Drains:
Supervisor Miller states that board members received the Shiawassee County Drains and what was going on with those and noticed the check was sent in for the $5,247.10. Clerk Gute states the check was on for approval for tonight. Miller explained that the other part of the drain bill that comes to the Township is $56,328.81 and; twenty five percent of that would be paid for by the Drain Commission. The other would be assessed to the people. Clerk Gute explained that the Township only paid the at-large and specials were, paid for by the people. However, she did have a question with the Maple River and the Wilkinson. Why weren’t there any specials just the Township payment? Why weren’t the people assessed there? Supervisor Miller will call Tony tomorrow morning.

Trustee Campbell said she did call Tony on the $800 one. You (Miller) had discussed it and she called him (Tony) and asked who authorized it and he said the Charter Board. She told him, no they hadn’t because we never knew about it. Tony told her Danny Miller authorized it. Which you did she said. She asked Miller to help her understand why he could authorize a bill like that without board knowledge.

Supervisor Miller explained when he talked to Tony, Tony said we had this to do. I told him okay because the new road was going in. Ruess Rd was going to be fixed and this was part of Mike Constine. He had called Lonnie and said he thought they were two or three weeks away on this. Lonnie said no we’re much closer than that. That was the time that three or four board members were gone so I made the decision and take responsibility for making the decision. He believed he made a good decision by getting it done so they didn’t have these machines on the road after the road was done and we know it’s going to be a job well done he said.

It concerned Trustee Campbell because it would be like any of us going and saying well if you want to do this go ahead and do it but we’ll pay you later but it’s not okayed by the board. That’s taking taxpayer’s money and just going out there and throwing it and saying I got the money go ahead and do it.

It was scary to her because she is a taxpayer too and; if it was not authorized by this board for the people of the Township she didn’t believe it should be done. Supervisor Miller stated he called another Township Supervisor and asked him if he had a certain amount of money away for the drains and he said yes and so did we. So he based it on that also. He did not do it arbitrarily and capriciously.

Another concern Campbell had was that it might be taking water from the Maple River and putting it into Constines water. Supervisor Miller understood that but said after it was done there was a good rain and it flowed well.

Page 11 of 13 - Regular Board Meeting-November 09, 2009

Supervisor Miller stated that Mike (Constine) was going to put a connection out there at his cost so that our tankers can hookup etc. immediately. He thought that was an excellent insurance policy. Trustee Campbell said her point and concern was Supervisor Miller authorizing things that this board did not okay. Okay, point taken said Miller.

Clerk Gute said it would be misfeasance of office if you’re not going to the board to do this. When she drove out there to look at it her concern was that it looked like they’ve dug from Constine’s pond, down to the ditch and across, and was concerned if the township would have paid for any digging on Constine’s property.

Supervisor Miller thought everything was done in accordance. He went out and looked at the flow and he knows that they also got calls about the entrance into there because it was blacktopped. Michael paid for all of that.

Clerk Gute stated that since Miller kept mentioning the dry hydrant that he should know too that if the fire department needed to draft water out of there they could do that without him having a say. That dry hydrant is helping Mike Constine. Trustee Schultz said the dry hydrant made it easier for the fire department. Gute said that’s right but it is still helping Constine and her concern is that the Township would pay for the dry hydrant and wondered why the gradall didn’t do it because they would have done it for free. It was also worked out for the people and is an excellent insurance policy said Miller.

Miller thanks the board. Gute asked if our gradall did this for free when we call them. We had 40 hours and then we had another 20. But wouldn’t we have gotten it for free and then we would have to pay that, asked Gute. Yes, if we would have got to it, we were the very last of 16 townships and I took all of that into consideration when I made the decision said Miller. I think you need to realize there are 7 board members said Gute. I do realize that and I appreciate hearing it said Miller.

Campbell asked where the Maple River drain was. Gute thought it was in the same vicinity. Trustee Schultz and Gute mention they’ve had to pay for drain work done in their area. Gute felt it made it look like we were doing a favor when no one out there was being charged. Trustee Schultz said lets get a hold of Tony (drain commissioner) and ask him about it.

Well if we okay the bills tonight that means, both drains will be paid said Campbell. No, don’t take $600 and 601.16 as a favor, nothing came of this position here, my only position was when we talked about the $800 and I looked at who was here and who wasn’t contacts, I looked at our budget and what we budgeted but that $601 is not from this chair, your points are well taken said Miller. He would call Tony in the morning and find out what the $601 is. Campbell felt we shouldn’t pay it until the board found out. We need to know about both said Gute. Consensus of the board was to hold the check until more information was received.

Page 12 of 13 -Regular Board Meeting-November 09, 2009

c) Doug Piggott – Land Use Plan Changes: Supervisor Miller state Page 3 becomes an ordinance and because it is an ordinance it has to have its first reading so, tonight would be the first reading and the second reading would take place in December. Bowne reminds Miller that can’t happen because the meetings had to be advertised. If passed Rowe would send the township the map that would replace the zoning map, and Doug’s letter states he went over the map with Bob, Dick, Judy and himself and has pretty much been pecked over said Miller. Gute had a problem with the map. We will have our first reading in December and lets bring back the issues then said Miller. Gute asked why would we want a reading before it is right, like he has heavy manufacturing for our industrial park and that isn’t right and has the whole west side of Delaney as heavy manufacturing, all of that is wrong. He (Piggott) needs to use the right terminology our ordinance says general manufacturing said Bowne. Plus said Gute, in the area of Greg and Lou’s he took from there all the way back down to North St and has it annexed to the City. She only knows of two houses by the professional building and Kiwanis Village being annexed and this map makes it look like the whole area in there was annexed.

Resident Richard Gute states Doug and he never talked about zoning, they finalized the land use map before he left office but never zoning and if what the clerk is saying about heavy and light manufacturing is right then Doug is way off.

Administrator Delaney will review the questions with Doug Piggott before final board approval.

d) MTA Conference – January in Grand Rapids: Supervisor Miller announced the upcoming MTA Conference. Clerk Gute wondered if the board should do that this year with the economy so bad. Miller stated he looked it over and there was some really good classes and there was even a day the Administrator Delaney could benefit from. Administrator Delaney wants to attend both days. Discussion: Clerk clarifies the motion in that it reads just the Supervisor and Administrator will be allowed to attend. Treasurer Cudney felt the motion should include allowing all board members to attend. Trustee Schultz rescinds his motion and amends same motion but add that all board members would be allowed to attend. Trustee Archer rescinds his second of the original motion and seconds the amended motion. Moved Trustee Schultz, Second Trustee Archer to allow all board members and Administrator Delaney to attend the MTA Conference in Grand Rapids and they would pay their own gas and food. Roll Call: Supervisor Miller-Yes, Clerk Gute-No, Trustee Krajcovic-Yes, Trustee Campbell-Yes, Trustee Archer-Yes, Treasurer Cudney-Yes, Trustee Schultz-Yes.

e) Burnham & Flower: Agent of record was changed on the Provident Policy.

Page 13 of 13 -Regular Board Meeting-November 09, 2009

f) FOIA: Board needs to appoint a coordinator. By law no board member can be made to do this said Supervisor Miller. Moved Treasurer Cudney, Second Trustee Campbell to appoint Supervisor Miller as the freedom of information act coordinator. Supervisor Miller respectfully declines. Motion withdrawn. No coordinator appointment made at this time. Trustee Krajcovic will find out if an outsider would consider the position.

g) FLOOD PLAIN ORDINANCE: FEMA is requesting an ordinance.

Payment of Bills: Moved Trustee Campbell, Second Treasurer Cudney to accept the November 09, 2009 checklists as printed and to release all checks except check 4300. Roll Call: Treasurer Cudney-Yes, Trustee Schultz-Yes, Clerk Gute-Yes, Trustee Krajcovic-Yes, Trustee Campbell-Yes, Trustee Archer-Yes, Supervisor Miller-Yes. Cemetery checks – 944 - 948, Fire checks 3411 – 3436 (ck 3435 is void), General Fund checks 4272 – 4304 (ck 4284 is void and ck 4300 held), Sewer checks 353 - 356, T & A checks 1999 – 2005 (ck 2000 is void) and Water checks 547 - 551 shall be released for payment.

Public Comments: Opened at 9:08 p.m. – Closed at 9:11p.m.
Audience participant Kay Lauro "freedom of information act," requests information from Supervisor. Resident Paul Kruger everyone needs to know the difference between flood plain and flood prone and does not feel Ms Lauro should speak at meetings because she does not live in the Township. Resident Richard Gute states the 8 points to the Owosso Redi Mix case had been either been taken care of or addressed and felt no more tax dollars should be spent on the case. Asst. Fire Chief Dave Johnson question about fire station #1.