Printed as submitted
Page 1 of 13 - Regular Board Meeting – Jan. 10, 2011
State of MichiganCounty of Shiawassee
Charter Township of Owosso
Be it known that the Owosso Charter Township Board of Trustees met in regular session on Monday January 10, 2011 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. Moment of silence for the victims of a shooting that took place in Arizona (during a town hall meeting).
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-Yes.
Others Present: Attorney Lynn Bowne, Fire Chief David Johnson, Asst. Chief Thornburg, Building/Zoning Administrator Robert Delaney and Assessor Schweikert and MMR Manager Mac Donald.
Agenda: Supervisor adds “Website Update” under “D) Unfinished Business”. Hearing no other additions chair entertains a motion to accept the proposed agenda with the website update added. So Moved Trustee Schultz, Second Treasurer Cudney and concurred by unanimous consent.
Minutes-Previous Meeting: Trustee Krajcovic questions Administrator Delaney if the new codebook is the 2009 codebook. Admin. Delaney states yes the 2009 book is going to be coming out. Krajcovic sites a typo on “page 4, paragraph 7” where it states the county has adopted it should be “the” instead of “they”. She states it should say “The way it works”.
Chair entertains a motion, to accept the minutes as printed, December 13th, 2010. So Moved Treasurer Cudney, Second Trustee Archer and concurred by unanimous consent.
Clerk requests Supervisor to please sign minutes and pass them back to her. Supervisor states no he would not sign them. He wanted to hold them and write on them why he won’t sign them. Clerk states she would need them back for the official book.
Treasurer’s Report: Attached to minutes. Supervisor asks if there are questions for the Treasurer. Hearing none the chair will accept a motion to accept the treasurer’s report. So Moved Trustee Krajcovic, Second Trustee Campbell and concurred by unanimous consent.
Page 2 of 13 - Regular Board Meeting – Jan. 10, 2011
Public Comments: Opened at 7:05 pm - Closed at 7:18 pm.
Resident Paul Kruger: Thanks the board for bringing this to a place and time where it appears we are going to be in a position to make a decision and by having city water to any home in the Owosso area will certainly add to the resale value of their property.
Kay Lorraine, Bennington Township: States that providing water to the township is not a mandated service. It’s rather expensive to start up and you may save a little bit on start up fees by negotiating with the city of Owosso but over time you will pay for that over and over again. With the current economic conditions many municipalities are having an extremely difficult time providing the mandated services. This is certainly not the time to be sticking your neck into an area that is not required and incurring debt or future obligations.
Ms. Lorraine calls the Supervisor out regarding his recent newspaper editorial wherein he attacked the clerk by repeatedly saying, that is not accurate, that is not accurate, etc. It sounds like you are calling Mrs. Gute a liar and I would think that would be the furthest thing from anybody’s mind. This person puts a lot effort into being accurate in everything she says and does and I think that was a little bit out of line. The inaccuracies in your letter far out numbered and far out weighed any inaccuracies that I have known Mrs. Gute to come up with in the entire time I have known her.
Mr. Kruger interrupts Ms. Lorraine stating he hoped there is a time limit. Ms. Lorraine states Mr. Kruger just took away from some of her time and that he was out of order.
Supervisor Miller says we are not going to debate it, that’s it, you are done. Ms. Lorraine states she is done.
Trustee Schultz asks Ms. Lorraine if she lived in the township. She states again that she is from Bennington Township. Trustee Schultz stated, “That’s my point”.
Clerk Gute informs Trustee Schultz that this is a public meeting open to anyone and that Ms. Lorraine pays taxes to Owosso Township by way of emergency services.
Supervisor Miller states Trustee Schultz had the right to ask a question. Clerk states she too had a right to answer that this is a public meeting open to anyone from the public.
Resident Fawn Stephens: States she is a township resident and that she agreed with everything Ms. Lorraine had said.
Resident Tom Manke: States he is a resident and business owner in the township. He represents a new site that has 9,000 people from the area that subscribe to it. The Township is at a historical time here and the board is fortunate to be here.
We have been hearing from different experts in the field that the townships have got to come together. No longer are businesses coming to a city or township. They are coming to a region.
Page 3 of 13 - Regular Board Meeting – Jan. 10, 2011
Public Comments (cont. w/Tom Manke):
Tonight you have a chance to vote to bring something to this township that the township very much needs. Since 1982 he has put in two wells on the two (2) properties he owns in the township. They had to be drilled deeper. We need city water. By doing this you’re stepping up saying to the city of Owosso, Corunna and Caledonia that Owosso Township is working as a regional partner. By doing that you are going to be taking out the politics.
Bill Magee, Georgia Pacific, Industrial Park (Delaney Rd.): States G.P. has the luxury of having both city and township water. When they need good water they go to city water. They run a 500-horse boiler and million dollar presses. If they put rocks and dirt through them and then try to clean their presses or change colors they ruin individual parts to that machine. So they have a valve and they can switch over to either source of water.
Water is not critical to Georgia Pacific because they can go from one water source to another. When they got brown water from the Township they provided jugs of water. So they didn’t drink Township water.
He doesn’t live in Owosso so he is sorry he isn’t speaking for those that did. He is only speaking as a manufacturer that cannot accept township water day after day.
It’s a hard decision because it costs a lot of money and whether you vote yes or no, I am just going to hit the valve. He considers Georgia Pacific lucky,
Jim Hunt, Williamston Products (Delaney Rd.): Like Georgia Pacific said the water is extremely corrosive. They provide bottled drinking water for their employees. They do not have the luxury of just turning off a valve from city verses township water. The water literally eats the pipes off the wall. It’s real hard water.
With that being said, manufacturing costs is key and I can’t sign up for something that’s going to be too cost prohibitive either.
So keep in mind if you’re going to change water systems make sure we have control on costs so it’s predictable. So we know what it is going to cost us going forward as we try to bring more businesses and more employees into this area.
Justin Horvath, President/CEO, SEDP: As you all know we’re all focused on bringing new businesses and retaining current businesses in the township. You heard tonight that a couple of businesses are struggling with this. So with just the physical quality of water and pressure of the water this would be a major improvement for them.
By supporting this agreement you’re really supporting jobs and tax base in your township. Along with that and more of a global scope I know this is something that has been worked on very extensively and has been vetted very closely by several members of this township board. There have been many meetings for lots of opportunity for people to voice their comments.
We feel it’s a very good agreement for the township. It’s very cooperative. It’s not a wash for the township. In fact it’s a proven success for Caledonia Township.
Page 4 of 13 - Regular Board Meeting – Jan. 10, 2011
Public Comments (cont. w/Justin Horvath):
That’s really what we are looking at tonight, a very similar agreement. I’m sure you’ll hear the numbers tonight. I believe they have already received several hundred thousands of dollars already from their agreement with the city of Owosso.
The property that gets served by the water will stay in the township. This is not an annexation or a 425. It’s also a voluntary choice. They’re not forcing any residents to tap into the system. So if you have a well and you’re worried tonight am I going to have to pay for water that isn’t part of it either!
I personally believe this is a great cooperative agreement. I think its great for the township. As Tom said this has been a long time in the making. You have an opportunity to make history tonight. It’s going to help our community. It’s going to help our industrial businesses and I fully support what you’re doing.
Sheriff’s Dept. Rep./County/State Rep. Comments: The SCSD handled 217 incidents in the Township during the month of December 2010.
Cemetery Report: Report on file. Two (2) open/close burials and the sale of two (2) lots were recorded for the month of December 2010. Total income was $1,775.
Assessor Report: Report on file. No questions of the Assessor.
Fire Report: Report on file. The department responded to eight (8) alarms during the month of November 2010. The department is up 30 runs from last year. A 50/50 matching grant from the DNR was received to install dry hydrants. The amount of the grant is $2,000 and Chief Johnson feels that it is sufficient enough money to install 3 dry hydrants within the Township coverage area. One on Ruess Rd. at Constine’s Gravel Pit, one in Russ Township and one in Bennington Township. Department is planning an open house once the firemen have the new truck ready for service.
Moved Trustee Schultz to spend $1,203.80 for the radio to match the grant, 25% of the grant. Second Treasurer Cudney and concurred by unanimous consent.
Ambulance Report: MMR responded to forty two (42) medical calls for the month of October 2010 and thirty five (35) medical calls for the month of November 2010. The response time average for the last four (4) months of 2010 was six (6) minutes and ten (10) seconds. Mr. Mac Donald will submit the response time report to the board next month.
Building Inspector/Code Enforcer: Report on file. One (1) Mechanical, One (1) Plumbing, Two (2) Electrical and One (1) Other (Cell Tower) and Two (2) Lot split permits were issued for the month of December 2010. Administrator Delaney announces that permit issuances are up so far this year.
Diversion from Agenda: Supervisor Miller states the last thing the board received was a Caledonia Charter Township Utility Authority report from Trustee Schultz and asked Trustee Schultz if he wanted to mention anything. Just that we’re looking for insurance for the authority. Two agencies have put in. We haven’t decided which one. He thinks it will be next month that they would know more.
Page 5 of 13 - Regular Board Meeting – Jan. 10, 2011
Unfinished Business (begin audio tape):
A) Water Contract:
Supervisor Miller: We need a motion to have discussion.
Unfinished Business – A) Water Contract (cont.):
Treasurer Cudney: I’ll make that motion.
Trustee Schultz: Support.
Supervisor Miller: We have a motion. Well what would the motion be. To enter into a contract?
Treasurer Cudney: You said to have a discussion so I did.
Supervisor Miller: Well okay. I wanted something definitive.
Treasurer Cudney: You didn’t say that.
Supervisor Miller: No I did not say definitive.
Treasurer Cudney: You have to say what you want in the motion.
Supervisor Miller: Okay. Diane,do you want to make a motion?
Clerk Gute: I’ll make a motion.
Moved Clerk Gute to adopt the following resolution:
Whereas, due to the fact that the electors of Owosso Charter Township soundly defeated a 2002-03 municipal water project that did include obtaining water from either the city of Owosso or constructing a township owned treatment facility and;
Whereas, due to the fact that 60% of the township residents have not petitioned for municipal water since that election and;
Whereas, due to the fact that the township has always bargained in good faith to reach a workable water agreement with the city of Owosso for some 30+ years and has never been able to achieve a win, win contract between both parties and;
Whereas, due to the state of the economy, now is not the time to enter into such an agreement with unknown expenses and;
Whereas, due to the fact that board members took an oath to uphold the Constitution of this state,
Therefore, Owosso Charter Township will discontinue water negotiations with the city of Owosso.
Supervisor Miller: Is there a second? Hearing none the motion dies lack of second.
Trustee Krajcovic: I would like to..
Page 6 of 13 - Regular Board Meeting – Jan. 10, 2011
Unfinished Business – A) Water Contract (cont.):
Supervisor Miller: Diane.
Trustee Jrajcovic continued): address. First of all I would like to take this opportunity to thank present and past township and city officials for their many hours of hard work over the past several years negotiating in good faith the proposed water agreement.
I would also like to thank Caledonia Township officials, numerous statewide township officials, Township attorney Lynn Bowne and MTA for their counsel and input as well as Tom Newhof of Prein & Newhof for his knowledge and valuable suggestions.
I offer the following Motion, a Motion to enter into the condensed, presented Water Agreement with the City of Owosso to help grow, develop and protect Owosso Charter Township by offering a reasonable source of portable water and authorize and direct Supervisor, Danny Miller to sign on behalf of Owosso Charter Township the presented Water Agreement.
Clerk Gute: I would like to ask before, well go ahead and get your second.
Supervisor Miller: Is there a second.
Trustee Schultz: I’ll support that.
Supervisor Miller: There is a second by Trustee Schultz. Motion by Trustee Krajcovic to enter into this condensed version of or …this contract with the city of Owosso. Second by Gary. Board member comments, discussion, go.
Discussion:
Clerk Gute: Yes, I would like to ask that when this comes to vote that Trustee Krajcovic abstain from voting due to the direct …to her business, it’s going to help her business. The sale of her property such as Mr. Kruger just said during his public comments. It’s a direct benefit for the sale of the property.
Supervisor Miller: She has an obligation to vote. She has that willingness to vote yes or no. Okay, anybody else …discussion.
Trustee Archer: I would just like to say being one of the newest board members I did go back and try to read over the different contracts that were provided before and then all of what Judy had done last year. The work that she had and in comparing some of the things she had outlined in there that I feel really weren’t a deterrent under the new contract that we are looking at.
But I kept referencing back to …I’m real into reading the Michigan Township News because I really feel this gives me some information that she can go by.
In April of this year they hit highly on working with municipalities to basically not reinvent the wheel but to work together to make it a better project for everyone, to offer to our community and to work together with our municipalities and to offer to our constituents what we can.
Page 7 of 13 - Regular Board Meeting – Jan. 10, 2011
Unfinished Business – A) Water Contract (cont.):
And as it was brought up, it …is voluntary. Not everyone in this township is going to have to pay into this. There might be some fees but it’s still …it’s gonna help grow our township.
And this article, I just kept going back and forth to it. And many of the things that Judy had in her last article in the paper I numbered her paragraph and I came back to this article was able to defend everything in this article what we are doing. I feel very strong.
Clerk Gute: I would like to know, in your news article Danny you stated that we got a second opinion from attorney Fahey. Has the board got that opinion and if so why was it not given to me or provided to me?
Supervisor Miller: My comment was that a third opinion was and Bill Fahey’s name was mentioned and you said you had called him and I went on what you had said and you said you had contact with Mr. Fahey.
Clerk Gute: Yes I did, however…
Supervisor Miller: Thank you. Therefore we had an opinion. The other thing is we even sent it to Prein and Newhof and Prein and Newhof dealing with water and water issues on a daily basis and throughout the many years that they have been business as engineers they also reviewed this. And we took that. So you did have that opinion.
Clerk Gute: Mr. Miller Prien and Newhof is not an attorney firm. Prein and Newhof was given the agreement to see if it was a workable system for us. Prein and Newhof stated on numerous occasions they were not attorneys. I contacted Bill Fahey regarding water rates. Bill Fahey did not do a second opinion on the entire contract.
Supervisor Miller: I cannot believe that after you had talked to Bill Fahey that you did not get an opinion and one that you wanted Judy. So therefore, I don’t think that, that was a misconception at all.
Clerk Gute: I did not have the authority from the board to pay for it. They have not reviewed the entire contract.
Supervisor Miller: You said Supervisor Miller took it off the table. Supervisor Miller never once took it off the table. Never once said no to it.
Clerk Gute: Then lets reflect to the minutes. (Note: Past minutes)
Supervisor Miller: We’ll reflect it in the minutes that Supervisor Miller never said no.
Clerk Gute: And you kept saying we already had the second opinion and we have not.
Page 8 of 13 - Regular Board Meeting – Jan. 10, 2011
Unfinished Business – A) Water Contract (cont.):
Supervisor Miller: And I quote and I quote from Prein and Newhof “Perrr the re …Perrr the request from Judy Gute and Township attorney Lynn Bowne. That was from Prein and Newhof. Never came off. You did not you said that you had made contact with Bill Fahey. I did not in any way misinterpret what I put in the paper.
Clerk Gute: Board, have we had a second opinion on this entire contract?
Supervisor Miller: I don’t believe that we are going to discuss what we
Clerk Gute: Danny I have the floor you continually choose to cut people off and not let them get their point across. It always has to be your point.
Supervisor Miller: Oh Judy, come on. Come on Judy you say that every time.
Clerk Gute: Board has this board received an opinion on the entire contract as we stated we would by an attorney.
Supervisor Miller: We have received it from our attorney and our attorney was real close.
Clerk Gute: Would you let the board answer Danny?
Supervisor Miller: And I am returning your call.
Trustee Schultz: He’s doing a good job.
Supervisor Miller: Moving on, any other
Clerk Gute: This is the biggest, biggest strong-arm attempt that I have ever seen.
Trustee Schultz: Well I’m gonna, gonna call the question. I’m gonna call the question.
Supervisor Miller: Question-s been called. Anybody else? Question-s been called. Would you read your …just the motion please.
Trustee Krajcovic: Motion to enter into the condensed, presented Water Agreement with the City of Owosso to help grow, develop and protect Owosso Charter Township by offering a reasonable source of potable water and authorize and direct Supervisor, Danny Miller to sign on behalf of Owosso Charter Township the presented Water Agreement.
Supervisor Miller: Thank you. We had discussion. Roll call please.
Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Treasurer Cudney-Yes, Clerk Gute-No, Trustee Campbell-No (but the reason is because I think it is going to be too expensive for our customers), Trustee Schultz-Yes, Supervisor Miller-Yes.
Supervisor Miller: A five (5) to two (2) vote we will enter into that. We will sign that and we will carry forward.
(end audio tape)
Page 9 of 13 - Regular Board Meeting – Jan. 10, 2011
B) Budget Workshop – reschedule from Jan. 31, 2011, 6:00: To be held Wednesday February 02, 2011 at 6:00pm.
C) Annual Meeting: To be held on Saturday March 26, 2011, at 9:00am.
D) Website Bids: Alisha Thibodeau has been asked to come to attend a board meeting. Supervisor is waiting to hear back from her. He hopes to have an update in February.
New Business: None.
Payment of Bills:
Supervisor asks if there are any questions on the payment of bills.
Schultz questions whether the payment to Richard Gute is for mowing services. Clerk states it is.
Krajcovic asks what deputy clerk’s are paid per hour and what is capped out at. Clerk states $8.00 per hour and $4,000 respectfully.
Krajcovic questions the $1,064 check to Mail Room Service Center and what is it for. Clerk answers it is for the mailing of tax bills.
Ms. Lorraine comments, “after all these years you don’t know what it is”. Supervisor stops Trustee Krajcovic and states we don’t really need those kinds of comments. If you want to direct them there is a public statement coming up.
Krajcovic questions bill paid to Shiawassee Emergency Management. Clerk states it is for the radio’s approved tonight.
Moved Trustee Krajcovic that we accept the checks from the check registers dated December 15 through January 10th as presented, Second Treasurer Cudney and concurred by unanimous consent.
(Cemetery checks – 1054 – 1057, Fire checks 3918 – 3949, General Fund checks 4715 – 4742, T & A checks 2056 – 2059 and Water checks 597 – 599 shall be released for payment).
Public Comments: Opened @ 7:44pm – Closed @ 7:55pm
Resident Sherman Garnett: States that because of his issues he never knows what’s going on at township board meetings. So he is requesting that Judy Gute or whoever is responsible to produce the report of the township meeting as the meeting takes place. Not by opinions and he is sure many in the township would like to look in the paper if they couldn’t make it to the meeting to find out what’s going on. He requests that the issue be addressed.
Campbell states the Supervisor was going to put out a letter and asked what ever happened to that. He said he was going to put out a township letter to inform people.
Miller informs Campbell that because of some financial issues, etc. and the board not coming on. I don’t think you agreed to it.
Page 10 of 13 - Regular Board Meeting – Jan. 10, 2011
Public Comments (cont.):
Campbell said she never said it was going to come out. The Supervisor had said that. I just said that it would be helpful to Mr. Garnett.
Miller states that it would but what Mr. Garnett is saying a set of minutes published in the newspaper. Not a synopsis but a set of the minutes.
Gute explains that the clerk is to put a minute synopsis in the paper. The clerk and supervisor are to agree on the synopsis. If they disagree then the clerk is to publish the entire set of minutes. There have been minutes in the past that were 27 pages long. I’m sure we don’t want the township to have to pay for that. Mr. Garnett could F.O.I.A. for them or he is at liberty to contact the clerk to view them or obtain them.
Krajcovic informs Mr. Garnett that the township is working on a website that will help with that.
Resident Paul Kruger comments that he doesn’t attend many board meetings but those that he does attend, the person back here is always attacking the Supervisor. I question this ladies sanity. I am wondering whether or not she might be a dangerous person to allow into a meeting cause she might attack the Supervisor.
Jim Hunt from Williamston Products states he thinks it is courageous for people that disagree to speak their mind. You don’t need a bunch of lemmings or followers, the same thing. Investigate it, come to your conclusion and vote your conscience.
Richard Ball Bennington Township Resident announces that State Representative, Ben Glardon, just arrived from another meeting.
State Rep. Ben Glardon/Township Resident states he hasn’t fixed everything yet, though he is truly humbled to be our representative. He looks forward to that. He doesn’t take himself that seriously all the time but he does take this position very seriously.
We have a lot of issues and a lot of opportunity and they have a very big obligation to do what is right for Michigan. The Bi Partisan and Partisan caucus meetings he has attended with the new Governor and the direction he sees them going he thinks is good for Michigan. He is excited to be a part of it.
There truly has been a common theme to focus on doing what is right for Michigan. Particularly in the business climate and to work on creating an atmosphere that will cause investors and employers to invest here to put our talented workforce back to work here and raise revenue for our funds and services that we need.
It’s an exciting and challenging time. At this time on the house side they have not yet done the committees. Session starts Thursday and our Governor has a very aggressive agenda to get going.
Page 11 of 13 - Regular Board Meeting – Jan. 10, 2011
Communications/Board Comments/Reports (cont. State Rep Glardon:
His door is open. He is still the same Ben Glardon that most of you know and he truly looks forward to being the people’s voice.
Gute states she has been contacted in regards to a referendum petition to recall the vote of the board and asked attorney Bowne if she was correct in telling them that they had 90 days to do that and that they would need to obtain signatures from 10% of those that voted in the last Governor election.
Attorney Bowne states it is his impression and he would double check, though in order to have a referendum you have to have statutory authority to allow that. The question is whether the action of the board was that of legislative action or administrative action.
He believes there is a big question on whether the voters have the ability to have a referendum vote on the board entering into a contract with another municipality.
If the board had clearly adopted some sort of statutes or an ordinance I think there is the authority to allow the voters to vote on it.
Gute states she believes their thought was the franchise agreement that goes against the Michigan Constitution.
Attorney Bowne says that there is a paragraph that in a sense addresses the issue of consent to the city to enter public rights of way to install and maintain water lines. He would have to look at the statute with regard to franchise and see what the time period is on that.
But as a rule an initiative or referendum on board action is normally not allowed unless it’s legislation.
Gute states the people have been told they would not have to hook up to city water and asked attorney Bowne if at anytime a board could make a resolution that the people who don’t hookup would still need to pay for the pipe that crosses their property? As an example, if 60% of the residents on her street connected to city water and the other 40% did not, would it still be necessary for that 40% to pay for the waterline that crossed their property?
Attorney Bowne if 60% of the people say please set up a special assessment district. Then you go forward with the public hearings and the board would have to make a decision but it’s still not a mandatory obligation of residents or businesses to hook in even if they are in a special assessment district.
An analogy is with our sewer districts. We still have land out there that has not been developed that sanitary sewer runs along and if a home or business comes in and builds on that site then that legal entity will be assessed for trunkage fees, front footage fees, stub fees and etc. So that is foreseen and that is how the water system will go.
In sanitary sewer there is a law that if you run sewer by a place they have to hook in. In the water situation there is no law to force them to hook in.
Page 12 of 13 - Regular Board Meeting – Jan. 10, 2011
Communications/Board Comments/Reports (cont.):
Gute clarifies that she is not saying they would be forced to hook in. She wants the people to know that they will not have to pay front footage, stub fees and etc. if the pipe crossed their property and they chose not to connect.
Attorney Bowne: No. If the project is a go and the township board decides to go forward with it, the township would carry the cost of that.
Miller states so in other words we have a very healthy sewer fund. We could borrow from the sewer fund at a very low percent and run those lines and the only time you pay for any of those lines is when you decided to hookup. Up until that time the resident would not have to hookup at all.
Attorney Bowne Right, they don’t have to pay the front footage or anything until they hookup.
Gute states that her neighbor had told her that she had to pay stub fees and etc. for sewer lines that went across vacant land she owned.
Attorney Bowne stated that was wrong because they were not supposed to pay for anything until it was utilized.
Cudney asked if she got her money back.
Gute did not know because that happened back in the 80’s, though she knows the lady was mad because she had to pay 2 bills. One for her house and the other for the vacant land.
Resident Terry Smigelski asked if his well went out would it be mandatory for him to connect to city water or could he drill another well.
Miller states this always has and will be a voluntary hookup.
Gary Burk, city of Owosso states that in the city it is still possible to have a well. You have to get a permit from the county health department. We do not regulate individual wells in the city.
We operate under the uniform plumbing code that says if it’s new construction and municipal water is available then you are supposed to hook into that.
There’s, maybe three (3) or four (4) people that maybe have wells in town. Like when you sell property in town it’s the same in the city as it is in the county. The well has to be current with county environmental health code. Their option is to connect to the municipal system, which is usually cheaper than drilling a new well.
Resident Fawn Stephans states that when she lived in Flushing Township they ran water. She did not want water but at end of the year they put it on your taxes. You had to pay so much every year.
Page 13 of 13 - Regular Board Meeting – Jan. 10, 2011
Communications/Board Comments/Reports (cont.):
Attorney Bowne states he knows if a municipality has a bond issue that you have to commit full faith and credit. That could change the rules of the game. This contract has no voted bond issue. There’s no financing.
If a bond like when the Township had a vote before for a water system. Perhaps there would have been a bond issue. When you have a bond issue you have got to make sure you have so many users.
Schultz states when they put the sewers in they asked for water at that time but it was voted down.
Attorney Bowne so if she’s saying that she was forced to pay in Flushing Township there must be a different set of facts there.
Gute states she read something that if a board or council considered it a health, safety and welfare issue a bond did not have to be voted on. The board could just put it on them.
Attorney Bowne, right. If the federal government came in and said your municipality is in bad shape water wise it would be under a court order like the sewer was.
Fawn Stephans wants to make sure that she cannot be forced to pay for water where she lives.
Miller states he didn’t think so.
Attorney Bowne states there is no way Ms. Stephan’s is going to be forced in.
Adjournment: Moved Trustee Schultz, Second Treasurer Cudney to adjourn at 8:05pm.
Respectfully Submitted,
Judy K. Gute
Owosso Charter Township, clerk
(Clerk’s Note: Letters to the editor regarding this agreement have been attached to the minutes for future reference)
Danny C. Miller
Owosso Charter Township, supervisor
