2009-09-14 Minutes

Page 1 of 10 -Regular Board Meeting-September 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 September 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. Moment of silence for the recent shooting victims was observed.

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 and OCTMMR Manager Jason MacDonald.

Agenda: Moved Trustee Archer, Second Trustee Schultz to accept the agenda as printed with the addition of E.) 1815 Mason Rd Update under Unfinished Business and D.) Board of Review Pay and E.) MTA Dinner under New Business. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes.

Minutes-Previous Meeting: Moved Trustee Krajcovic, Second Treasurer Cudney to add the word “not” in Trustee Archer’s motion so that the motion now reads “to take the agreement as it is written and tweaked to an outsider for them to review with the understanding that the City of Owosso is not going to get right back with us even if they receive it tomorrow” and under Unfinished Business to change the word “board” to “agenda” in the first sentence under B.) SATA Update. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes. The August 10, 2009 minutes stand as printed with two corrections.

Treasurer Report: Moved Trustee Archer, Second Trustee Schultz to accept the July 31, 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.

Public Comments: Opened at 7:09 p.m. - Closed at 7:10 p.m.
Floyd Wisenbaugh regarding street light assessment.

Demis and Wenzlick Audit Report: Audit was presented by Jim Demis CPA. Moved Clerk Gute, Second Trustee Schultz to accept the 2008-09 Financial Report as prepared by Demis and Wenzlick and to forward it to the State of Michigan. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes.

Page 2 of 10 -Regular Board Meeting-September 14, 2009

Moved Treasurer Cudney, Second Clerk Gute to accept and sign the Letter of Recommendations, and forward it to the State of Michigan. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes.

Moved Trustee Schultz, Second Trustee Archer to sign the Letter of Representation. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes.

County/State Rep Comments – SCC Heniretta Sparks – The commissioners are busy working on next years budget. As a cost saving measure the commissioners are going to one meeting per month. Only if necessary would they have a second meeting.

Sheriff Department: None at this time

Cemetery Report: Attached to minutes. One (1) burial for a total income of $650 for August 2009. Clerk Gute had obtained an estimate from Constine Gravel Company in the amount $450 to move the grade, gravel and move the road over in cemetery. Supervisor Miller and Trustee Schultz decided they were going to wait until it got a little slushy so when they drive one of the trucks through it they would know exactly how much push out was needed. They would then stake it and see what was needed. Caretaker Blevins obtained optional estimates from Weinert’s Tree Service to remove three trees in the cemetery. The price of the differing proposals, were $1,400, $1,700 and $2,400 respectively. He requested a bid from another tree service but they never got back with him. This will be placed on the October agenda to give Supervisor Miller and Trustee Schultz time to determine what needs to be done.

Assessor Report: Attached to minutes. Moved Supervisor Miller, Support Clerk Gute to sign the L 4029 Truth in Taxation Form for the amount allowed by law. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes.

Fire Report: Attached to minutes. Responded to eight (8)alarms during the month of August 2009.

Ambulance Report: Attached to minutes. Responded to Sixty (60) medical calls during the month of July 2009.

Building Report: Attached to minutes. One (1) Electrical permits, Three (3) Mechanical permits, One (1) Plumbing permit, Five (5) Building permit, One (1) Fence permit and One Conditional Use Hearing Request were receipted for the month of August 2009 for a total of $1,540.

Unfinished Business: a) Street Light Assessment – Industrial Park:

Discussion: Notices were published in the newspaper on September 3rd and September 9, 2009 and first class mailings were sent to the property owners on Wabassee Dr., Dowling Dr., and Sequoia Trail regarding the streetlight assessment public hearing.

Page 3 of 10 – Regular Board Meeting-September 14, 2009

The annual cost for Sequoia Tlr amounts to $825.14. Wabassee Dr annual cost is $550.08. Dowling Dr annual cost is $114.48. The amount would be equally spread across the property owners on the respective streets. A letter was received from Sequoia Land Investments LLC located at 1950 Sequoia – letter states they do not want streetlights installed and did not feel additional lights were warranted. Prior to the meeting Dowling Drive business owner John Carmen informed the Clerk that the property owners on Dowling Dr. did not want or need streetlights.

It was explained that the streetlights were installed when the industrial park was established (approx 1978). At that time the township had decided to pick up 10% of the cost. However the township had never assessed the properties and has been paying the entire bill.

Moved Trustee Archer, Second Trustee Schultz to equally assess the properties on Sequoia, Wabassee and Dowling Dr for streetlights at the respective fees given with the township contributing 10% towards each fee. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes.

Streetlight Assessment Hearing / Keifer St.

Discussion: Notices were published in the newspaper on September 3rd and September 9, 2009 and first class mailings were sent to the property owners on Keifer St regarding the streetlight assessment public hearing.

Floyd Wisenbaugh and Darryl Lester opposed the assessment. They too, felt streetlights were not necessary. It was explained that the residents on Keifer St petitioned for one streetlight many years ago and again the township had never assessed the residents for it.

The cost would amount to approximately $22 per year per each of the 7 parcels. Both Mr. Lester and Mr. Wisenbaugh claim there are at least 2 more houses on Keifer St than what is listed. Their opinion is that Centel Credit Union and Quick Stop Market should also be assessed because they abut Keifer St as well. This would lower the cost to $17 per parcel. Prior to finalizing and submitting the streetlight roll to the county it will be reviewed and revised if necessary. All property owners will be assessed an equal share of the yearly cost.

Moved Trustee Krajcovic, Second Trustee Schultz to equally assess approximately $154 per year to the property owners on Keifer St for the streetlight located at the corner of Chestnut St and Keifer St. 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: (Note:Per Audio Tape) Supervisor Miller: We’re sitting here for a number of months and we’re paralyzed. We’ve had three (3) tentative agreements. We have an industrial park that wants water. We have other businesses that want water. We have apartment complexes that want water. We may have Mobile Home Parks that want water. We know Baker College wanted water. ETC. ETC. Cider Mill Apartments, Bruce Stern has called numerous times he has a mobile home park on S. 52. Residents from Ardelean

Page 4 of 10 -Regular Board Meeting-September 14, 2009

subdivision have been here and said I don’t want the double rate but you put a line in and I’ll hook up. We know the subdivision that Diane lives in she has said she would take water at one time. We know eventually when this contract goes through there are going to be frontage charges. We know there are going to be trunkage charges and that is usually related to

whether the water demand is expected for that time or not. We know there will be stump charges assessed here. There’s going to be a connection charge. You’re gonna have the meters. All of those things are going to play into this. We know that up for discussion because of Onieda vs Grand Ledge that is still in the Supreme Court we probably won’t get anything for another 8 months to 12 months. Here’s my point after going through all of that, that was a preface. I would like this board and I will call for a vote but I would like this board to consider the following. We had a contract at the last meeting and that was the last one tweaked by Lynn Bowne and I hand delivered one to Joe Fivas. I would like this board to consider that you would vote to at least send the team back over and contract it there. That contract is not binding. That contract is only for us to continue talks to get further into this and see if we can reach an agreement. I’m sure there are things in that contract that will not be pleasing to them. Things still in there not pleasing to us. That being said I would move that this board vote or I will make a motion, Moved Supervisor Miller that we take a vote to at least give this negotiating team the privilege of going over there and discussing this, this contract and it will be stated this is not a binding contract we’re coming with, it is not something that if they say, the city says, I like it now we’re only going over there to talk, lets see what you like, lets see what we like.

Cudney: I thought that was gonna happen at the last meeting.

Miller: No, I asked for that and then that did not come up and John came up with a different motion and I did hand deliver it.

Krajcovic: You gave a copy of that contract to Joe already.

Miller: Yes I did. I said I would do that. I would hand carry that contract over to Joe Fivas so he would have an idea of where we are and I asked at that time, the last meeting, that at least give us the opportunity to go and talk. That is not a binding contract. That’s all I am asking from this board.

Gute: We gave you the authority to do that and I must ask you Danny because I feel you’re trying to ramrod this. Okay. On a yes vote! Now, didn’t you use to negotiate? Since when do you sign an agreement and then go negotiate it? You negotiate it first, the board agrees to it then you sign the agreement. By signing that agreement you are saying that you will pay for who knows how many fire hydrants at a hundred and some dollars a year. Nobody signs something to go negotiate it to go change it again.

Miller: That’s not what I’m asking for. I’m asking to at least send this board back over to talk.

Page 5 of 10-Regular Board Meeting-September 14, 2009

Gute: We already did that in the minutes.

Miller: I did not say to sign it. I did not say to put anything in there that would be binding on the city’s part or binding on the townships part. Let the team go back and negotiate. That’s all I’m asking.

Gute: It says “Moved by Trustee Archer, Second by Trustee Schultz to present the water district agreement and the memorandum of understanding to the city as an unsigned contract with the idea of further negotiations.

Miller: Unsigned, further negotiations. Never a commitment Judy! That doesn’t even refer to a commitment being made. We’ve had three TA’s. Let me do it this way. This is not Danny Miller’s water contract. If we get a contract and we make people happy we already know when we held the meeting for the industrial park that every person that showed up representing the businesses that we want water. We want tomorrow or we wanted it yesterday. We’ve had 3 TA’s. I’m asking for you people on this board to give permission to this team just to go over there and continue talks. But we haven’t done anything. We’re paralyzing ourselves. If we get something in then we all win. We all benefit

Gute: The committee is already established why don’t you just go do that?

Cudney: Who’s the team.

Schultz: I thought we were waiting for someone else to look at this contract.

Gute: Not until it was decided upon by the board. Until we were comfortable with it! That was my understanding.

Schultz: That wasn’t my understanding. My understanding was that we give it to Lynn. Lynn was gonna get a hold of someone I think and have them look at it.

Bowne: Yes, I talked with Tom Newhoff and I have three firms. That way when you’re ready to have it looked at if the board still wants to have it reviewed by these law firms. One we talked about was John Baulkman’s firm. There are some over in Ottawa County and Kent County. He gave three different options so when you’re ready…

Schultz: That’s where I thought we were going with this thing.

Miller: Where.

Schultz: To have these lawyers look at this and wait until this come back and then we would go from there.

Miller: And that was mine.

Page 6 of 10-Regular Board Meeting-September 14, 2009

Gute: But why would we do that and then you go back and negotiate and change it. Why wouldn’t you get it all set with us then send it to an attorney. That you guys were going to go back and further negotiate.

Miller: I understood from the last meeting that it was not for us to go and continue.

Gute: But it says here “as an unsigned contract with…”

Campbell: I asked for the boards to be together and discuss it. And you…

Miller: You asked for all of the board to meet. The entire council and the entire Owosso Township Board and I told you I didn’t think that was a good workable decision. I think you have a team, I believe you have a team in place and to negotiate it.

Campbell: Right. And where does that now. What did Joe Fivas say. When, does he have a date to do it.

Miller: Ah, Joe has not contacted me. Since I hand delivered it I have not heard back from Joe. But I was under the understand that I think Gary’s under, if, well, I won’t speak for Gary. But we were stymied at the last meeting before we would do anything and continue any discussions we’d have to have a third party read it. That’s what Diane asked for. So before we were to go back over to set up meetings we’d have to have a third party discussion. I’m asking that even before that third party discussion comes in from whatever firm Perrin and Newhof assigned and have it read we get back over there. It doesn’t, I don’t believe it matters if we have everything here. We’ve had three TA’s and we keep, we on keeping.

Campbell: What’s stopping you from getting this many together and going over it.
Miller: Nothing. Except that’s not the direction I understood the board wanted to go.

Archer: You’re just asking for clarification.

Miller: I’m asking for clarification and then permission from this board to go over and continue to discuss.

(Inaudible)

Krajcovic: Go over and then have them look at it when we’re at the end. That makes sense.

Gute: Cause you might want to go over it again.

Krajcovic: I make a motion that Danny Miller contact….

Page 7 of 10 -Regular Board Meeting-September 14, 2009

Gute: He already has a motion “the negotiating team having authority to go back and continue to negotiate”.

Miller: Um hm and this is not binding. This is not a binding contract that we are taking over.

Krajcovic: You made a motion. Then I’ll second it. Second Krajcovic.

Archer: Is this with the idea that once we come to some kind of medium point then we’re going to take it to a third party.

Gute: Right when the board as a whole comes to an agreement.

Archer: I think that’s wise cause we’re going to save ourselves some money. If you keep running to a third party every time we come up with a new agreement…

Krajcovic: Are we going to have a roll call.

Campbell: I need to hear that motion again.

Cudney: Read the motion.

Gute: Move Supervisor Miller to vote on giving the negotiating team the authority to go back and continue negotiating with the city on the water contract.

Archer: And the previous motion will be to follow up after that with the third party.

Schultz: If the board accepts it.

Roll Call: Trustee Krajcovic -Yes, Trustee Campbell -Yes, Trustee Schultz-Yes, Supervisor Miller – Yes, Clerk Gute – Yes, Treasurer Cudney-Yes, Trustee Archer- Yes.

Moved Clerk Gute, Second Trustee Archer to direct Supervisor Miller to obtain from the city maps depicting all city water infrastructure in Owosso Charter Township, a list of township customers currently connected to city water and a copy of the last water bill sent to each resident and/or business in our Township. Discussion: Krajcovic states Gary Burk has had that request for the map showing every connection for 8 months. Bowne states if you want it quicker you could always FOIA it. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes.

c) SATA – update: Per Supervisor Miller – SATA didn’t want to ask us the first time. They didn’t have their ducks in a row. What SATA would like to do is what other townships done in the past. They would like us to look at something out of the General Fund. They inured that.

Page 8 of 10 - Regular Board Meeting-September 14, 2009

They were invited back to give their presentation. In which we would definitely honor. They were told that Lynn or this board would help them because there is a 2010 election coming up and they’ve asked about that. You have the choice then of going the 2010 or you could wait until the major election which is two years and three months. At two years and nine months away you could wait there. So they are not here. (Note: End Audio Tape)

d) Siminski – Constine issue: Constine has not been paid yet. Clerk asks if it should be paid since a quorum of the board did not vote on this. Supervisor to get the bill to the Clerk.

Moved Trustee Archer, Second Trustee Schultz to send a cease and desist notice to Matt Siminski that he immediately stop conducting any and all types of motorized vehicle competition, racing and etc. on his property and if not, the township will seek further action in a court of law. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes.

e) Fire Hall #1 / New Truck: Discussion regarding Fire Hall #1 – Plans have been in the making to build a new 5,560 square foot fire station #1. Currently building costs are at about $125 per square ft and builders are only looking at a 1 or 2% profit right now. The cost to build the 5,560 sq ft building at $125 per square ft would total $695,000. Adding a 2% contractor fee totals $708,900. It would be ideal to build the new hall now. However, the problem is the economic times we are in. Should we do that now what message would the board be sending to the public at a time when a lot of people can’t afford things? Trustee Archer stated he and Bob Delaney felt some corrective action on the existing building would be the best and felt the township could get by with the current building for another 5 years by investing $15,000 to $20,000 in renovations right now. We should obtain costs on repairing the hall for now. New fire hall #2 used plans from the 70’s so the board might wish to consider soliciting bids for architectural plans for now then save for a new hall to be built 5 to 10 years from now. There was financial concern with the necessity of purchasing a new fire truck next year at around $350,000 to $400,000 and again 5 years after that. The board does not know if or how much the fire department might have to pay back in delinquent taxes to the county in y2011. Discussion postponed until October meeting.

New Truck: Moved Trustee Krajcovic, Second Trustee Schultz to entrust the firemen to begin the bid process and to obtain 3 bids for a replacement truck. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes.

f) 1815 Mason Rd: Attorney sent notice to property owner and it came back. Board needs to appoint a hearing officer and send another notice. Moved Trustee Schultz, Second Trustee Krajcovic to authorize the supervisor to hire/appoint Jeff Bowen to act as a hearing officer to inspect the house at 1815 W. Mason Rd and if Mr. Bowen is not able to do it then hire/appoint Tom Ardelean. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes.

Page 9 of 10 - Regular Board Meeting-September 14, 2009

New Business: (Note: Per Audio Tape)

a) Dewey Road Drain: Supervisor Miller stated Mike Constine did some drain work on a drain that goes into the Dewey drain along Ruess Rd. Drain commissioner Tony Newman called Supervisor Miller at that time and said we can do this, the road is going to be fixed. There were only two board members in town at that time and I wanted to know what was going on. He then called Lonnie Latunski. Miller then called Mr. Newman back and told him to hang on he would check what we allocated for our drains.

Supervisor Miller then made the decision that we would go ahead and have that drain work done. The county picks up 20% and the township picks up $800. Plus what Mike will do and it’s a tremendous insurance policy, he’s going to run a line that will allow our firemen to take their trucks down there to fill up. It’s a cheap insurance policy and I think he has to run 100 ft or 100 yards. The ditching was done before the road was done said Miller. Gute asked if this was culvert work. Miller stated no it was an entire ditch. (Note: End Audio Tape)

b) Snow Removal: Moved Clerk Gute, Second Trustee Archer to retain M&R Snowplowing for the 2009-10 winter season providing the price remains the same and they provide a liability insurance binder. Roll Call: Treasurer Cudney-Yes, Trustee Schultz-No, Clerk Gute-Yes, Trustee Krajcovic-Yes, Trustee Campbell-Yes, Trustee Archer-Yes, Supervisor Miller-Yes.

c) Fire Hall #2 Ice Guards: Discussion - Ice guards are needed on Fire Station #2 before someone is injured by falling ice and the ice has already taken some eave troughs off. Chief Greger will seek bids.

d) Pay for Board of Review: A Board of Review pay request had not been turned in to the clerk. Clerk Gute believes the issue has been straightened out and the members were paid tonight.

e) Shiawassee County MTA Dinner: Dinner will be held November 17th and the cost is $10.50 per person. Those attending can mail their checks in.

Payment of Bills: Moved Trustee Krajcovic, Second Treasurer Cudney to accept the September 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, Trustee Archer-Yes, Supervisor Miller-Yes. Ambulance check 1363, Cemetery checks – 931 - 938, Fire checks 3347 – 3388 (3383 void), Fire 2 check 132 – 133, General Fund checks 4219 - 4244, Sewer checks 348 - 350, T & A checks 1993 - 1996 and Water checks 542 - 545 shall be released for payment.

Public Comments: Opened at 9:42 p.m. – Closed at 9:44 p.m.

Marvin Britton complains about Owosso Redi Mix.

Page 10 of 10-Regular Board Meeting-September 14, 2009

Communications/Board Comments & Reports: Airport Fly-In on the 19th and 20th of September. The township owned vehicle needs to be put in the garage and it needs to be washed. Since Bob Delaney is the maintenance person he could use money from his petty cash to wash it.

Adjournment: Moved Trustee Schultz, Second Trustee Krajcovic to adjourn at 9:47 p.m. Ayes: All. Nayes: None.

Respectfully Submitted,




Judy K. Gute
Owosso Charter Township, clerk




Danny C. Miller
Owosso Charter Township, supervisor