Monday, August 9, 2010
2010-08-09 Video
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Part 2 of 5
Part 3 of 5
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Part 5 of 5
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Attorney Lynne Bowne's bill item "Danny Miller"
and something about the water negotiations with the city
Part 1 of 2
Part 2 of 2
2010-07-12 Minutes
Printed as submitted
Page 1 of 5 - Regular Board Meeting – July 12, 2010
State of Michigan
County of Shiawassee
Charter Township of Owosso
Be it known that the Owosso Charter Township Board of Trustees met in regular session on Monday July 12, 2010 at 7:00 P.M. in the Township Board Room, located at 2998 W. M 21, Owosso, Michigan 48867.
Call to Order: Supervisor Miller led the Pledge to the Flag.
Members in attendance: Roll Call: Supervisor Miller-Yes, Trustee Krajcovic-Yes, Trustee Schultz-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Trustee Archer- Yes, Treasurer Cudney-Yes.
Others Present: Attorney Lynn Bowne, Fire Chief David Johnson, Asst. Chief Thornburg, Assessor Steve Schweikert and MMR Supervisor Eric Lyons.
Agenda: Moved Clerk Gute, Second Trustee Schultz to add d) Fire Dept. Raffle e) Terry Hart PA 217, f) L-4029 & Damage Assessment Team Volunteers and g) Resolution to Adopt” IRS-approved Governmental Retirement Plan” under New Business and to accept the remainder of the agenda as printed. Roll Call: Trustee Krajcovic-Yes, Treasurer Cudney-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Archer-Yes, Schultz-Yes, Trustee Campbell-Yes.
Minutes-Previous Meeting: Moved Trustee Schultz, Second Treasurer Cudney to change the word “claimed” to read “stated” in the first sentence of the fifth paragraph on page 6, remove the word “on” and add “the day after” in its place in the first sentence of the sixth paragraph on page 6, to remove the words “the sign” in the first sentence of the 6th paragraph on page 8 and to approve the remainder of the June 14, 2010 minutes as printed. Roll Call: Trustee Krajcovic-Yes, Supervisor Miller-Yes, Treasurer Cudney-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Trustee Archer-Yes.
Treasurer’s Report: Attached to minutes. Moved Trustee Schultz, Second Clerk Gute to accept the May 31, 2010 treasurer’s report as printed. Roll Call: Trustee Campbell-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Treasurer Cudney-Yes, Trustee Archer-Yes, Trustee Krajcovic-Yes.
Public Comments: Opened at 7:09 pm and closed at 7:09 pm.
Brian Fredline introduced himself as a candidate for the 6th district county commissioner.
Page 2 of 5 - Regular Board Meeting – July 12, 2010
Sheriff’s Dept. Rep./County/State Rep. Comments: SCSD Report attached to minutes. The SCSD responded to one hundred and Sixty Two (162) incidents in Township during the month of June 2010.
Henrietta Sparkes County Commission Update: County received a triple A- credit rating, discussing MERS Retirement, hiring a dispatcher and a part time secretary for the veterans department, purchasing 2 new patrol cars for the sheriff’s department, making budget adjustments and discussing whether or not to continue membership to the association of counties which would save the county approximately $9,000.
Cemetery Report: Report on file. One (1) open/close cremation, One (1) Foundation and Four (4) Lot Transfers reported for the month of June 2010, for a total income of $450.
Assessor Report – Board of Review: Report on file.
Fire Report: Report on file. The department responded to eight (8) alarms during the month of June 2010.
Moved Trustee Schultz, Second Treasurer Cudney to authorize the Firefighter I and II Training course to be held on Monday and Thursday evenings and the Fire Officers Training course on Wednesday evenings at Fire Station 2 from September through April 2011. Roll Call: Treasurer Cudney-Yes, Trustee Campbell-Yes, Trustee Schultz-Yes, Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes.
Moved Clerk Gute, Second Trustee Schultz not to the release down payment check # 3711 in the amount of $3,500 to Ed Rehmann & Sons for fire department dress uniforms until an invoice has been obtained. Roll Call: Treasurer Cudney-Yes, Trustee Campbell-Yes, Trustee Schultz-Yes, Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes.
Ambulance Report: Report on file. MMR responded to fifty-two (52) incidents for the month of June 2010. The new Paramedic Supervisor FTO’s for Shiawassee County are Justin Farr for Owosso Charter Township operations and Janine Wells for the Durand operations.
Building Inspector/Code Enforcer: Report on file. Permits issued – 5 Building, 2 Plumbing, 4 Mechanical and 4 Electrical and 1 other (fence) for a total of $2,177.50 collected for the month of June 2010.
Unfinished Business:
a) O.C.T. Zoning Map and Ordinance – Resolution/Motion: Moved Trustee Schultz, Second Trustee Archer to adopt the amendment to the Owosso Charter Township (P-K-A Owosso Township) Land Development Code; and adopt the New Official “Zoning” Map for the second reading and to place the final publication in the newspaper. Roll Call: Trustee Archer-Yes, Treasurer Cudney-Yes, Trustee Campbell-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes.
Page 3 of 5 - Regular Board Meeting – July 12, 2010
Unfinished Business (cont.)
b) Cemetery Personnel matter: Supervisor Miller and Trustee Schultz state changes needed to be made to the cemetery maintenance/caretaker job description that Todd Blevins signed back in June 2008.
Clerk Gute stated Mr. Blevins did not have to agree to a new job description because he was hired contingent upon his signing the original job description. She also cautioned the board regarding the at-will employee clause and stated the clause is not exactly what everyone thinks it is and reminds the board of the township being sued by a previous at-will employee.
Miller and Schultz want Mr. Blevins to start maintaining all the power equipment, maintaining the ditch, blowing out water lines for the winter and obtaining board approval prior to purchases.
Gute states there are no tools at the cemetery to do such equipment maintenance our equipment has always been taken in to be serviced including the township hall mower and that Schultz and Miller do not realize the amount of mowing that is done with the cemetery mowers.
Gute disagrees with the township maintaining the ditch because there is a signed agreement that the residents are to maintain the ditch and now the fence blocks them from doing that. The fence needs to be moved to the top of the hill said Gute.
Gute questions how Mr. Blevins would blow out the water lines when there is not an air compressor at the cemetery. Schultz states there is an air compressor in the township hall garage.
Gute states Mr. Blevins does not have a key to that garage and it takes a special tool on the compressor to do that. The previous supervisor made a special tool and blew out the lines every year said Gute.
Gute disagrees with Mr. Blevins needing prior approval for all purchases when he doesn’t purchase much anyway. She questions how they expect Mr. Blevins to do his job if he has to wait for board approval for every purchase. What if he needs something before Memorial Day and he had to wait for board approval asked Gute.
Miller and Schultz will get together and draft a new job description to present to the board at the next meeting.
c) IFT’s: Treasurer Cudney informed the board that she, Assessor Schweikert, Attorney Bowne, Justin Horvath and the State are working at trying to bring all the IFT’s in compliance.
d) Township Hall Parking Lot Bids: Moved Treasurer Cudney, Second Trustee Krajcovic to authorize and direct Trustee Schultz to compare bid/quotes from Advance and Arrow Construction regarding the repairs and seal coating the township parking lots at 2998 W M21 and 2010 N. M52 and for Trustee Schultz to hire one of the companies to complete the repairs and seal coating. Ayes: All. Nayes: None.
Page 4 of 5 - Regular Board Meeting – July 12, 2010
e) Joe Dick Farm – Payoff & Barn: Moved Clerk Gute, Second Trustee Krajcovic to authorize and direct Clerk Gute to generate a sewer fund check in the amount of $141,214.17 to Joe Dick to pay off the land contract for property commonly known as 410 S. Delaney Rd. Discussion: It was questioned why the sewer fund should pay for the property. It was explained that the sewer fund purchased the land for future water and/or sewer infrastructure. Roll Call: Supervisor Miller-Yes, Trustee Archer-Yes, Treasurer Cudney-Yes, Trustee Krajcovic-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Clerk Gute-Yes.
New Business:
a) Class C Liquor License – El Potrero Inc.: Resolve Trustee Schultz, Support Trustee Krajcovic to approve the request for a Class C Liquor License for El Potrero Mexican Restaurant located at 1706 W. Main St. Owosso, Mi 48867. Resolved- Yeas: 7. Nayes: 0. Absent 0. (Note: A copy of the signed resolution is attached to these minutes).
b) Fire Department Cost Recovery Ordinance Consumers Energy: Moved Clerk Gute, Second Treasurer Cudney to adopt the Owosso Charter Township Fire Charges Ordinance No. 8-9-10 as presented for the first reading and to publish the ordinance in the newspaper for possible final adoption at the August 9, 2010 board meeting. Ayes: All. Nayes: None.
c) Sale of Old Computer Equipment: A person is interested in purchasing old township computer equipment that is in storage. Supervisor Miller will handle this.
d) Fire Department – Resolution to conduct a raffle: Resolution Trustee Schultz, Support Trustee Archer to approve a Charitable Gaming License for Owosso Charter Township Fire Department in order to allow the firemen to conduct a raffle. Ayes: 7. Nayes: 0. Absent: 0. (Note: A copy of the signed resolution is attached to these minutes).
e) Terry Hart PA 217: Moved Trustee Krajcovic, Second Trustee Schultz to release check #4534 in the amount of $3,930 to Terry Hart for half of the PA 217 insurance withholding monies. Ayes: All. Nayes: None.
f) L- 4029 & Damage Assessment Team Volunteers: Moved Trustee Krajcovic, Second Trustee Schultz to authorize and direct the clerk and supervisor to sign the 2010 Tax Rate Request (L4029). Ayes: All. Nayes: None.
The Shiawassee County Damage Assessment Team is looking for volunteers. Volunteers will be trained to assess property damage due to a major disaster(s). This team will declare state of emergencies, which is necessary to receive state and federal funding. If interested contact Jim Sanderson (989) 743-5841, Tom Routhier or Linda Klein (989) 743-2263.
g) “Resolution to Adopt” IRS – approved Governmental Retirement Plan: Resolution Trustee Krajcovic, Support Trustee Archer to adopt the IRS – approved Government Retirement Plan and direct the clerk to sign the resolution received from Burnham and Flower. Resolved – Ayes: 7. Nayes: 0.
Page 5 of 5 - Regular Board Meeting – July 12, 2010
Payment of Bills: Moved Trustee Krajcovic, Second Treasurer Cudney to approve the July 12, 2010 checklist for the payment of bills. Roll Call: Clerk Gute-Yes, Treasurer Cudney-Yes, Trustee Schultz-Yes, Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Trustee Campbell-Yes. (Cemetery checks – 1010 – 1016, Fire checks 3698 – 3725, Fire2 check 136, General Fund checks 4510 – 4534, Sewer checks 372– 373, T & A checks 2030 – 2033 and Water check 581 shall be released for payment (water checks 579 & 580 are void).
Public Comments: Opened @ 9:15 P.M. Closed @ 9:15P.M.
Board Reports and Comments:
Trustee Krajcovic – is not able to attend the August meeting.
Attorney Bowne - Mr. Siminski will be served papers regarding his conducting mud bogging events without a permit.
Treasurer Cudney - Tax payments will be accepted on line beginning with the winter tax bills. A processing fee of $3.00 will be charged to those who use the pay on line service. An escrow company would like a copy of the treasurer’s database.
Clerk Gute – Quarterly expenditure reports have been provided. Would like to see a moratorium placed on creating industrial development districts, rehabilitation districts and IFT’s until the board establishes guidelines. Drafted cemetery regulations for the board to review in order to post the regulations at the cemetery. The board needs to decide how the disposal of the cemetery leaves should be handled, the cemetery fence needs to be moved and guidelines need to be established to meet the Crest Marine annual inspection according to Crest’s IFT requirement.
Adjournment: Moved Trustee Schultz, Second Trustee Krajcovic to adjourn at 9:30p.m. Ayes: All. Nayes: None.
Respectfully Submitted,
Judy K. Gute
Owosso Charter Township, clerk
Danny C. Miller
Owosso Charter Township, supervisor
Sunday, August 8, 2010
2008 Cemetery Maintenance-Job Description- Minutes
Oak Grove Cemetery Maintenance Personnel
Cemetery Ordinance
OWOSSO CHARTER TOWNSHIP CEMETERY ORDINANCE
No. 06-3-1
AN ORDINANCE TO PROTECT THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE BY ESTABLISHING REGULATIONS RELATING TO THE OPERATION, CONTROL AND MANAGEMENT OF CEMETERY OR CEMETERIES OWNED BY THE CHARTER TOWNSHIP OF OWOSSO, SHIAWASSEE COUNTY, MICHIGAN; TO PROVIDE PENALTIES FOR THE VIOLATION OF SAID ORDINANCE AND TO REPEAL All ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH.
THE CHARTER TOWNSHIP OF OWOSSO, COUNTY OF SHIAWASSEE, MICHIGAN. ORDAINS:
Section 1: Title
This ordinance shall be known and cited as the Owosso Charter Township Cemetery Ordinance.
Section 2: Definitions of Cemetery Lots and Burial Spaces
A cemetery lot shall consist of burial spaces sufficient to accommodate from one to 8 burial spaces.
An adult burial space shall consist of a land area four (4) feet wide and eight (8) feet in length with same applying for infants and cremains.
Section 3: Sale of Lots or Burial Spaces
Cemetery lots or burial spaces shall be sold to residents and non-residents of the township for the purpose of the burial of such purchaser or his or her heirs at law or next of kin. No sale shall be made to funeral directors, cemetery proprietors or others than as heretofore set forth.
A person must reside in Owosso Charter Township to purchase a burial space at the residential rate. A resident may only purchase a burial space for themselves or a member of their immediate family which resides at the same address within the township that the purchaser does and must so be designed to be buried in that space.
All such sales shall be made on a form approved by the township board, which grants a right of burial. Such form shall be executed by the cemetery sexton, caretaker or township clerk.
Burial rights may only be transferred to those persons eligible to be original purchasers of cemetery lots or burial spaces and may be effected only by endorsement of an assignment of such burial permit upon the original burial permit form issued by the cemetery sexton, caretaker or township clerk, approved by said township clerk and entered upon the official records of said cemetery sexton, caretaker or township clerk. Upon such assignment, approval and record, said cemetery sexton, caretaker or township clerk shall issue a new burial permit to the assignee and shall cancel and terminate upon such records, the original permit thus assigned.
Section 4: Purchase Price and Transfer Fees
Each adult, infant and cremains burial space for township residents shall cost the sum of $200.00.
Each adult, infant and cremains burial space for non-township residents shall cost the sum of $500.00
Anyone wanting to change from one empty burial space location after the original purchase of another or any transfer of empty burial spaces from one original purchaser to a qualified assignee shall be charged a per burial space fee of $25.00.
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Owosso Charter Township Cemetery Ordinance
Section 5: Grave Opening Charges
No prearranged opening and closings shall be allowed. The price in effect at the time of the opening and closing shall apply. If the deceased is not a township resident at the time of death, the non resident open and close rates will be charged.
The opening and closing of a grave shall be $200.00 Monday through Friday and $250.00 for a Saturday, Sunday or Holiday burial for township residents.
The opening and closing of a grave shall be $325.00 Monday through Friday and $375.00 for a Saturday, Sunday or Holiday for non-residents.
A cremains burial shall be $100.00 Monday through Friday and $125.00 on Saturday, Sunday and Holidays for residents.
A cremains burial shall be $200.00 Monday through Friday and $225.00 on Saturday, Sunday and Holidays for non-residents.
This provision shall not apply to proceedings for the removal and re-interment of bodies and remains, which matters are under the supervision of the local health department.
Section 6: Markers or Memorials
All markers or memorials must be of stone or other equally durable composition.
Any large upright monuments must be located upon a suitable foundation to maintain the same in an erect position.
Only one monument, market or memorial shall be permitted per burial space.
The footing or foundation upon which any monument, market or memorial must be placed shall be constructed according to township specifications and installed by the township cemetery sexton or maintenance person between May 1 and October 1 each year, weather permitting. The cost for the footing or foundation shall be paid for in advance by the person so requesting the installation.
Footing/Foundation Specifications: Four inch (4”) thick concrete foundation with a minimum four inch (4”) all-around border larger than the marker.
The price shall be for the stone size and shall be as follows, Small Foundation (24”x12” or smaller) $100.00, Medium Foundation (larger than 24”x12” to 34”x 14”) $150.00, Large Foundation (larger than 34x14” to 48”x12”) $200.00, Extra Large Foundation (larger than 48”x12 to 60”x14” shall be $250.00. Any larger foundation would need approval by the Owosso Charter Township Board and the cost of such would be set forth by the board.
Section 7: Work Orders and Price Collections or Changes
All lot sales, transfer, foundations, opening and closing of burial spaces shall be done so by Owosso Charter Township through its cemetery sexton, caretaker or clerk.
Any foregoing charges received by the cemetery sexton, caretaker or township clerk as so stated in section 4, section 5 and section 6 shall be delivered to the township treasurer who then shall deposit the same in the
township cemetery fund.
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Owosso Charter Township Cemetery Ordinance
The township board by resolution, may periodically alter any of the foregoing fees in section 4, section 5 and section 6 to accommodate increased costs and needed reserve funds for cemetery maintenance and acquisitions.
Section 8: Interment Regulations
No above ground interments or mausoleums shall be permitted.
Only one person may be buried in a burial space except for a parent and an infant or two children buried at the same time and only two (2) cremation burials shall be allowed per burial space.
Not less than 48 hours notice shall be given in advance of any time of any funeral to allow for the opening of the burial spaces.
If for any unforeseen reason or severe weather conditions a burial space can not be opened or closed, it shall become the responsibility of the surviving loved ones of the deceased to make other arrangements and cost adjustments with the funeral home. Including but not limited to the storage of the body or cremains at the funeral home until the opening or closing is made possible.
The appropriate permit for the burial space involved, together with appropriate identification of the person to be buried therein, where necessary, shall be presented to the cemetery sexton, caretaker or the township clerk prior to internment. Where such permit has been lost or destroyed, the cemetery sexton, caretaker or township clerk shall be satisfied from his or her records, that the person to be buried in the burial space is an authorized and appropriate one before any interment is commenced or completed.
All graves shall be located in an orderly and neat appearing manner with in the confines of the burial space involved.
Section 9: Ground Maintenance
No grading, leveling, or excavating upon burial space shall be allowed without the permission of the cemetery sexton, caretaker, or township clerk.
No flowers, shrubs, trees or vegetation of any type shall be planted without the approval of the cemetery sexton, caretaker, or the township clerk. Any of the foregoing items planted without such approval may be removed by the township, sexton or caretaker.
The township board reserves the right to remove or trim any tree, plant or shrub located within the cemetery in the interest of maintaining proper appearance and the use of the cemetery.
Mounds, which hinder the free use of a lawn mower or other gardening apparatus, are prohibited.
The cemetery sexton or caretaker shall have the right and authority to remove and dispose of any and all growth, emblems, displays or containers therefore that through decay deterioration, damage or otherwise become unsightly, a source of litter or a maintenance problem.
Surfaces other than earth or sod are prohibited.
All refuse of any kind or nature including, among others, dried flowers, wreaths, papers, and flower containers must be removed or deposited in containers located within the cemetery.
It shall be the responsibility of the owner or surviving loved ones, to keep a one foot (1’) diameter around any marker, free of weeds and tall grass.
Grave blankets and/or anything made of Styrofoam shall not be allowed.
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Owosso Charter Township Cemetery Ordinance
It shall be the responsibility of the owner or loved one, to remove, repair, reset or replace any marker,
memorial or monument that has been vandalized or has deteriorated.
Owosso Charter Township shall not be responsible for anything lost, stolen or damaged within any township owed cemetery or cemeteries.
Section 10: Forfeiture of Vacant Cemetery Lots or Burial Spaces
Cemetery lots or burial spaces sold after the effective date of this ordinance and remaining vacant 40 years from the date of their sale shall automatically revert back to the township upon occurrence of the following events:
A) Notice shall be sent by the township clerk by first class mail to the last known address of the last
owner of record informing him/her of the expiration of the 40 year period and that all rights with
respect to said lots or spaces will be forfeited if he/she does not affirmatively indicate in writing
to the township clerk within sixty 60 days from the date of mailing of the written notice his/her
desire to retain said burial rights; and
B) No written response to said notice indicating a desire to retain the cemetery lots or burial spaces in
question is received by the township clerk from the last owner of record of said lots or spaces, or
his/her heirs or legal representative within 60 days from the date of mailing of said notice.
Section 11: Repurchase of Lots or Burial Spaces
The township will repurchase any cemetery lots or burial space from the owner for the original price paid
to the township upon written request of said owner or his/her heirs or legal representatives.
Section 12: Records
The cemetery sexton, caretaker or clerk shall maintain records concerning all burials and issuance of burial permits. All records shall be kept at the township hall and shall be open to the public for inspection during reasonable hours, upon contacting the cemetery sexton, caretaker or clerk.
Section 13: Vault
All burials shall be within a standard concrete vault installed or constructed in each burial space before interment.
All cremains shall be within a cremation vault, which shall be furnished by the crematorium and made of plastic or concrete.
Section 14: Cemetery Hours
The cemetery shall be open from dawn to dusk each day, except access roads will only be plowed for funerals during the winter months
Should any vehicle become stuck on any of the roads in the cemetery it shall be the responsibility of the owner of that vehicle to have it removed.
Section 15: Penalties:
Any person, firm or corporation who fails, refuses, neglects or violates any of the provisions of the within ordinance shall be guilty of a civil infraction which shall subject them to civil sanctions as herein provided and a fine not to exceed $500.00. Each day that a violation continues to exist shall constitute a separate offense.
Section 16: Severability
The provisions of the within ordinance are hereby declared to be severable and should any provision, section or part thereof be declared invalid or unconstitutional by any court of competent jurisdiction, such
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Owosso Charter Township Cemetery Ordinance
decision shall only affect the particular provision, section or part thereof involved in such decision and shall not affect or invalidate the remainder of such ordinance which shall continue in full force and effect.
Section 17: Repealer:
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 18: Effective Date:
This ordinance shall not take effect until after final adoption.
STATE OF MICHIGAN)
)ss.
COUNTY OF )
We the undersigned fully qualified and acting township supervisor and clerk respectively of the Charter Township of Owosso, Shiawassee County, Michigan do hereby certify that the forgoing Ordinance was preliminarily introduced and adopted by Owosso Charter Township at a regular meeting, duly called on the 26 th day of March, a.d. 2002, and that the meeting was held in compliance with the notice provisions and all the requirements of acts 267 of the public acts of 1976.
Carolyn L. Mowatt/Clerk
Richard A. Gute/Supervisor
Owosso Charter Township Publish June 30, July 11, 2002
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Owosso Charter Township Cemetery Ordinance