2009-06-08 Approved

Page 1 of 7—Regular Board Meeting—June 08, 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 June 08, 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, Trustee Archer-Yes, Clerk Gute-Yes. Others Present: Attorney Bowne, Fire Chief Greger, Bldg. Administrator Delaney and Assessor Schweikert.

Agenda: Moved Trustee Schultz, Second Cudney to add d) Rush Township Cronk Road Cost Share, E) July Meeting and F) Garage under New Business and to accept the remainder of the agenda as printed. AYES: All. Nayes: None.

Minutes-Previous Meeting: Moved Trustee Schultz, Second Trustee Krajcovic to approve the May 20, 2009 Minutes as written. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes. The May 20, 2009 minutes stand as printed.

Moved Trustee Archer, Second Trustee Campbell to approve the May 11, 2009 Minutes as written. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes. The May 11, 2009 minutes stand as printed.

Treasurer Report: Moved Trustee Archer, Second Trustee Schultz to accept the April 30, 2009 Treasurer’s Report as printed. Roll Call: Trustee Schultz-Yes, Trustee Campbell-Yes,
Treasurer Cudney-Yes, Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes. The April 30, 2008 treasurer’s report is accepted as printed.

Public Comments: Opened at 7:06 p.m. - Closed at 7:08 p.m.
Mike Thornton – Chief Greger was named firefighter of the year and Mike Thornburg was named hero of the month in the Argus Press. Tim Randolph regarding ambulance assessment.

County/State Rep Comments – None.

Sheriff Department: SCSD Deputy Rob Herrick. The department responded to 218 incidents during the month of May 2009.

Cemetery Report: Attached to minutes. The road between section 2 & 3 south side needs to be moved over. Graves along there are being run over. Schultz and Miller will review the situation. County youth are in need of obtaining work to fulfill community service obligations.

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The county would also provide a supervisor if necessary. Consensus of the board was to have them paint the garage, possibly do mapping and clean up debris at the cemetery (Supervisor will follow up). Supervisor has plans to move and do something different with the current cemetery map.

Assessor Report: Attached to minutes.

Fire Report: Attached to minutes. Responded to nine (9) alarms during the month of May 2009.

Moved Trustee Schultz, Second Clerk Gute to authorize the expenditure of up to $5,000 to refurbish the pickup truck the DNR recently gave to the fire department. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes. Motion passed by unanimous consent.

Chief Greger asked if he should address the Constine, Inc – Siminski bill at this time. Consensus of the board was to address it at this time. Chief Greger stated the fire department called the DNR to the scene of a fire at the Siminski residence located in Owosso Township. Upon arrival the DNR called 911 and requested an excavator to be sent to fire scene. Constine Inc. then billed the Township in the amount of $2900 for the use of the excavator. Supervisor Miller felt the Township could pay the bill and place the amount on Mr. Siminski’s property tax bill. Gute felt if the Township paid the bill it could cost the Township more in attorney costs to collect it back. The concern of some board members was whether the Township should pay a bill generated by a Township resident. Supervisor will further investigate.

Ambulance Report: (Manager MacDonald was not able to attend tonight’s meeting due to illness.)

Building Report: Attached to minutes.

Unfinished Business:
A.) Road Projects: Scheduled road project costs came in lower than originally projected. Resurfacing Morrice Rd between South St & S. M52 will not be included in the road projects this year since the City of Owosso had set their road budget prior to the Township cost-share request. Moved Trustee Schultz, Second Trustee Archer to cost-share Project #489.1153 with Rush Township in the amount of $2,400 for Cronk Road brining. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes.
B.) Water Contract: Attorney Bowne is not yet finished with the contract. He hopes to have it ready for the board members soon.
C.) Street Light Assessment: Will be held during the August 10, 2009 regular Township board meeting.
D.) Ambulance Assessment Hearing - Public Comments regarding the Household Ambulance Assessment: Resident Robert Bodary questioned why same assessment when the Township no longer owned the buildings, vehicles or equipment. It was explained to him that the township continued to own the buildings, vehicles and equipment. It was further explained that MMR pays all insurance costs and maintenance costs on two Township buildings. They also offer low cost ambulance transport insurance to residents and offer home for the holidays wherein MMR will transport hospitalized Township patients from the hospital to home and back during the holidays for free. MMR also allows the Township to use their second station as a voting

Page 3 of 7—Regular Board Meeting—June 08, 2009

Precinct for free on election day. MMR opened a second station on M 52 and etc. All of which was not offered by the Township run ambulance service. Mr. Bodary asked why were we, told differently then. Moved Trustee Archer, Second Trustee Schultz to continue the $30 per year, per household ambulance assessment for an additional 4 years, which would end in year 2013. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes.

Public Comments regarding the Business Ambulance Assessment: Business owner Roger Shepard questioned why a building housing 3 different businesses owned and operated by the same family should pay the assessment on all three businesses. This is the first the board has been made aware of such a situation. Attorney Bowne stated the original language adopted does state per business.

Robert Maxwell stated this is the first time he ever recalled receiving notification regarding an ambulance assessment hearing. However, he has always been charged. A previous ambulance assessment roll showed assessment letters being sent to him previously. Moved Trustee Archer, Second Trustee Schultz to continue the business owner sliding scale ambulance assessment for an additional 4 years, which would end in year 2013. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes.

New Business:
A.) Constine Inc. – Siminski: Discussed during item #10 Fire Report on the agenda.
B.) Weed Commission: Supervisor Miller wanted Commissioner Gute to start reporting dates, times, addresses and etc. of every place he mowed and wondered how he was notified on what to mow and when. It was explained that calls were fielded through all board members and/or resident complaints to the Commissioner. The Commissioner then sends a courtesy letter to the property owner, which allows the owner 7 days to mow, or the Commissioner would mow it. Trustee Archer could see what Miller meant and perhaps there should be a central location. Miller felt if the Commissioner’s prices were too low the residents could be using the Township for lawn care services rather than hiring someone else. The past practice and duties of two previous Commissioners over the last 16 years were explained to Miller and Archer. Miller and Archer continued to press for documentation and a central location. It was explained to them that at the end of the season each year a bill is submitted to the Township. All dates, times and prices are listed on that bill. Trustee Campbell stated that the board had already accepted the Weed Commissioners bid and this was not part of the original bid. She felt that perhaps the Commissioner would want extra compensation to do this. Miller and Archer continued to press the issue. Clerk Gute suggested the Supervisor contact the Weed Commissioner by letter. Trustee Krajcovic didn’t feel it was right for the Township to do this since the bid had already been accepted. There was no further discussion.
C.) Dowling Drive: Moved Trustee Archer, Second Trustee Schultz to authorize 2 Brine applications to Dowling Drive for this year only though, it will be done without setting precedence for future years. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes.

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D.) Rush Township Cronk Road Cost Share: This was addressed during item #13. A. Road Projects under Unfinished Business.
E.) July Meeting: Clerk Gute asked if the board would again consider either canceling the July meeting or moving it ahead to June 29th since Trustee Campbell, Trustee Krajcovic and herself were not able to attend the meeting. Supervisor Miller has another commitment on June 29th. Other dates were offered. Miller had no other dates available in June.
F.) Garage: The garage was not painted inside and the clerk and treasurer would like to start using the storage area. However, it needed to be primed and painted before they could do that. Consensus of the board was to have it painted by the youth that need community service hours.


Payment of Bills: Moved Treasurer Cudney, Second Trustee Archer to accept the May 08, 2009 checklist as printed and to release all checks. Roll Call: Treasurer Cudney-Yes, Trustee Schultz-Yes, Clerk Gute-Yes, Trustee Krajcovic-Yes, Trustee Campbell-Yes, Trustee Archer-Yes, Supervisor Miller-Yes. Ambulance checks 1356-1361(1360 void) Cemetery checks 908 – 913, Fire checks 3257- 3300, General Fund checks 4121- 4151, Sewer checks 342 – 343, T & A checks 1979- 1984 and Water checks 534 - 537 shall be released for payment.


Public Comments: Opened at 9:00 p.m. – Closed at 9:13 p.m.
Mike Thornton – roads. Lee Wing – He continues to have problems with Redi Mix wall and etc. It was explained to him that the lawsuit had been settled 2 or 3 years ago. Back then all of the neighbors told our building inspector they approved the wall. Mr. Wing was not aware of the lawsuit being settled (Attorney Bowne will send Mr. Wing copies of the settlement). Mr. Wing asked about the high walls going up inside now. Building Inspector Delaney advised Mr. Wing that the walls were in compliance and asked Mr. Wing why he had not addressed his new concerns through his office.

Communications/Board Comments & Reports:

Trustee Krajcovic was interested in paying off the Joe Dick property. The Township is paying 6% interest on it and Township is only earning a little over 3% interest on sewer fund monies. She felt the Board should consider paying the contract off and doing so would save two or three percent interest every month.

Clerk Gute – A month or so ago a lone board member took it upon himself to disband the Subcommittee. She reminded the board that the board makes all the decisions, decisions are not to be determined by one board member.

Her opinion is that the subcommittee had been very resourceful and very beneficial to the township and the board. Motion Clerk Gute, Second Trustee Campbell to reinstate the Subcommittee to consist of Trustee Campbell, Trustee Krajcovic and Clerk Gute at a rate of $50 per meeting and the term is to expire November 20, 2012.

Discussion: The committee was a fact-finding committee though did not meet all that often. The clerk could have used the committee when she had only two days to get the ambulance assessment out. Instead she had to use her deputy. Her deputy has to be paid for this out of the clerk line item and she felt that was not right. In the past the Subcommittee has


Page 5 of 7—Regular Board Meeting—June 08, 2009

worked within the differing departments such as the Cemetery, Ambulance, and Zoning Dept. The committee also defined the Streetlight District, worked on Stoney Creek and etc. Supervisor Miller stated he kept all the committees in tact. He did not disband the Subcommittee he only wanted the Subcommittee to be appointed on a rotating basis. Gute felt then perhaps the board should consider rotating all the board appointments such as the Intergovernmental Committee and etc. However, all appointments are an entire board decision not just the Supervisors. The Supervisor stated he was able to appoint all the committees. Gute claimed a Supervisor is only able to suggest whom s/he wants appointed to the Zoning Board and the ZBA. The board is supposed to agree with the Supervisors appointments to Zoning/Planning and the ZBA Commissions though the board doesn’t necessarily have to agree with those appointments either. Miller is against the Subcommittee and urges everyone else do the same but it was a board vote. Archer asked Attorney Bowne if the board was at liberty to create this committee if it was not an ordinance. Attorney Bowne said not to confuse it, you don’t need an ordinance. The board has the ability to delegate responsibilities and the right to establish a Subcommittee to perform those responsibilities. Archer felt from what Miller is saying the committee was still there it was just by appointment. Exactly claimed Miller. Treasurer Cudney, Clerk Gute and Trustees Krajcovic and Campbell had not understood it that way when Miller disbanded the committee. It was again stated that Miller never had the authority to disband the committee without board vote. The Clerk reiterated the Subcommittee could have been used to get the ambulance assessment out. Miller said the Clerk could have just called him and a committee could have been appointed. Gute questioned whether or not it would be a legal expenditure to pay the committee by Supervisor phone approval only.

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

Motion Trustee Archer, Second Trustee Krajcovic to retain an abstract subcommittee consisting of no more than three board members who will be appointed by the board on an as needed basis and whenever a board member is appointed to this committee they would receive $50 per meeting. Roll Call: Trustee Schultz-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes, Trustee Archer-Yes. Motion carried by unanimous consent.

Clerk Gute explained that without board vote this same board member took it upon himself to remove, replace or retain other board committee members whose terms had expired on November 20th of last year. Again she felt it was equally important for the board as a whole to be involved with all decision making for the best interest of the Township. It was her opinion, that it was not beneficial to the Township as a whole for the board to allow one board member to micro manage the Township. She felt it imperative that Township minutes reflect committee member names, their pay for attending meetings and when their terms expire.

Moved Clerk Gute, Second Trustee Krajcovic to appoint Trustee Schultz as the liaison to the Utility Authority and Trustee Archer as the alternate with the term to expire November 20, 2012. Roll Call: Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes, Trustee Archer-Yes, Trustee Schultz-Yes.


Page 6 of 7—Regular Board Meeting—June 08, 2009

Motion Clerk Gute, Second Trustee Archer to appoint Supervisor Miller as the liaison to the Airport Board and Trustee Schultz as the alternate at the rate of $50 per meeting with the term to expire November 20, 2012. Roll Call: Trustee Krajcovic-Yes, Treasurer Cudney-Yes, Trustee Archer-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Trustee Schultz-Yes, Supervisor Miller-Yes.

Motion Clerk Gute, Second: Treasurer Campbell to appoint Trustee Campbell and Trustee Krajcovic to the Election Committee and Trustee Archer and Trustee Schultz as alternates at the rate of $50 per meeting and the term to expire November 20, 2012. Roll Call: Trustee
Krajcovic-Yes, Treasurer Cudney-Yes, Trustee Archer-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Trustee Schultz-Yes, Supervisor Miller-Yes.

Motion Clerk Gute, Second Trustee Schultz to appoint Trustee Schultz, Trustee Archer and Supervisor Miller to the Intergovernmental Committee with Clerk Gute, Trustee Archer and Trustee Campbell as the alternates at the rate of $50 per meeting with the term to expire November 20, 2012. Discussion: Supervisor Miller felt this board should not be compensated, as it was their duty to foster good relationships with other municipalities. It was noted that it is the board’s job to do that, however, they keep calling these meetings and it was felt that board members would more than likely attend them if they were paid to attend. Miller asks why remove Krajcovic from the committee. To make a change like Miller wanted within the Subcommittee said Gute. Archer would rather be the alternate to this committee. Trustee Schultz withdraws his support of the motion. Motion fails due to lack of support.

Motion Clerk Gute, Second Trustee Campbell to appoint Trustee Schultz, Trustee Krajcovic and Supervisor Miller to the Intergovernmental Committee with Clerk Gute, Trustee Archer and Trustee Campbell as the alternates at no pay and the term will expire November 20, 2012. Roll Call: Trustee Schultz-Yes, Trustee Krajcovic-Yes, Supervisor Miller- Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes, Trustee Archer-Yes.

Supervisor Miller now feels that perhaps the Intergovernmental Committee members should be paid with the exception of the Supervisor.

Motion Clerk Gute, Second Trustee Campbell that the members of the Intergovernmental Committee would be paid $50 per meeting with the exception of the Supervisor. Roll Call: Trustee Krajcovic-Yes, Treasurer Cudney-Yes, Trustee Archer-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Trustee Schultz-Yes, Supervisor Miller-Yes.


Motion Clerk Gute, Second Supervisor Miller to appoint Trustee Schultz and Trustee Archer to the Building and Maintenance Committee with Trustee Krajcovic and Trustee Campbell as the alternates at the rate of $50 per meeting with the term to expire November 20, 2009. Roll Call: Trustee Krajcovic-Yes, Treasurer Cudney-Yes, Trustee Archer-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Trustee Schultz-Yes, Supervisor Miller-Yes.

Motion Clerk Gute, Second Trustee Campbell to appoint Trustee Schultz the liaison to the Fire Department with Trustee Krajcovic as the alternate at the rate of $50 per meeting with the term to expire November 20, 2012. Roll Call: Trustee Krajcovic-Yes,

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Treasurer Cudney -Yes, Trustee Archer-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Trustee Schultz-Yes, Supervisor Miller-Yes.

Motion Clerk Gute Support Trustee Miller to appoint Trustee Archer as the liaison to the Waste Water Treatment Board with Gary Schultz as the alternate at the rate of $50 per meeting with the term expiring November 20, 2012. . Roll Call: Trustee Krajcovic-Yes, Treasurer Cudney-Yes, Trustee Archer-Yes, Clerk Gute-No, Trustee Campbell-Yes, Trustee Schultz-Yes, Supervisor Miller-Yes.

Adjournment: Moved Trustee Schultz, Second Trustee Archer to adjourn at 10:05 p.m.

Respectfully Submitted,

Judy K. Gute
Owosso Charter Township, clerk

Danny C. Miller
Owosso Charter Township, supervisor


The June 8, 2009 minutes were approved as printed approved with corrections on this the 13th day of July 2009.