Page 1 of 13 - Regular Board Meeting - November 09, 2009
State of Michigan
County of Shiawassee
Charter Township of Owosso
Be it known that the Owosso Charter Township Board of Trustees met in regular session on Monday November 09, 2009 at 7:00 P.M. in the Township Board Room, at 2998 W. M 21, Owosso, Michigan 48867.
Call to Order: Supervisor Miller led the Pledge to the Flag.
Members in attendance: Roll Call: Supervisor Miller-Yes, Trustee Campbell, Treasurer Cudney-Yes, Trustee Krajcovic-Yes, Trustee Schultz-Yes, Trustee Archer- Yes, Clerk Gute-Yes. Others Present: Attorney Bowne, Fire Chief Greger, Bldg. Administrator Bob Delaney and O.C.T.MMR Manager Jason MacDonald.
Agenda: Moved Trustee Schultz, Second Trustee Archer to add under "New Business" item "E) Burnham & Flower and F) Flood Plain Ordinance and to accept the remainder of the agenda as printed. Roll Call: Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Treasurer Cudney-Yes, Trustee Campbell-Yes, Trustee Archer-Yes.
Minutes-Previous Meeting: Moved Trustee Schultz, Second Treasurer Cudney to omit Trustee Archer’s name from the roll call vote under Payment of Bills, page 7 and to approve the remainder of the minutes as presented. Roll Call: Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Treasurer Cudney-Yes, Trustee Campbell-Yes, Trustee Archer-Yes, Trustee Krajcovic-Yes. The October 12, 2009 minutes stand as corrected.
Treasurer Report: Moved Clerk Gute, Second Trustee Schultz to accept the September 30, 2009 Treasurer’s Report as printed. Roll Call: Trustee Schultz-Yes, Trustee Archer-Yes, Treasurer Cudney-Yes, Trustee Campbell, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes.
Public Comments: Opened at 7:06 p.m. - Closed at 7:10 p.m.
Resident Paul Kruger – Street Light out in front of his house. He was told to contact Consumers Energy Street Light Department. Wanted to know if fire department sold the green and white address signs. He was told a fireman on the department sold them but the department itself did not sell them. He also felt a good place to start installing water was to get hydrants out to both fire stations. Township taxpayer Kay Lorraine Lauro said she noticed there was a reappointment to the Utility Authority on the agenda and wondered if the township ever advertised for these positions or how people would find out about these openings. She
Page 2 of 13 - Regular Board Meeting-November 09, 2009
said the county recently had an article in the paper seeking resumes’ for open board positions. Resident Wayne Rozman said when he was a commissioner, sometimes they did advertise and sometimes they didn’t.
Sheriff Dept./County/State Rep Comments – The Sheriff department handled 201 incidents during the month of October 2009.
Cemetery Report: Attached to minutes. Two lots sold to non residents.
Assessor Report: Attached to minutes.
Fire Report: Attached to minutes. Responded to nine (9) alarms during the month of October 2009. The door at the department’s fire training facility has been kicked in a few times. Because of this, they will be placing a Fire Training Facility sign out front. They felt the sign might detour this from happening in the future.
Ambulance Report: Attached to minutes. Responded to forty-eight (48) medical calls during the month of October 2009.
Building Report: Attached to minutes. Three (3) Electrical permits, one (1) Mechanical permit and; three (3) Building permits were receipted for the month of October 2009 for a total of $387.00. Administrator Delaney said Tom Leaf of 3189 W. M21 did update his permits. He said the violations are going into its fifth year as of tomorrow and he gave him 3 weeks to get the basement wall completed and the back yard cleaned up.
Trevor Langdon was placed on notice of possible legal action if he did not remove his unlicensed motor vehicles, parts, iron and etc. within 10 days (letter sent to him by Atty. Bowne on 10-21-09).
Supervisor Miller said he just spoke with Larry Johnson again on the Osaukie Dr and Nancy Warden he believed was the owner. He spoke with Jim once and he’ll get that over to Larry and Larry will get it to Casey and then they will try to take some action on that. We all know it’s, a slow process, it takes time he said.
Trustee Campbell inquired about the property on M21 that she had talked to Administrator Delaney about. It has about 4 or 5 trailers, about 9 cars, a bulldozer and etc. Administrator Delaney said a letter was sent out on that but he has not gotten a reply. Campbell’s concern was she did not want the situation going on for 5years because it was getting worse and worse again. Administrator Delaney will address it again.
Clerk Gute mentioned the township having tickets Admin. Delaney could use for enforcement. The township had to do what they had to do to keep the township clean.
Unfinished Business:
Water Contract Update: (per audio tape)
Page 3 of 13 – Regular Board Meeting - November 09, 2009
Supervisor Miller: Unfinished business, the Water Contract if you would bare with me for a few minutes I will talk slow so I can make sure that I don’t miss too many things. Looking at an article out of the Genessee County on well water parts per billion and where the government through the EPA is lowering those standards. But the well water flowing into your kitchen sink, country club, mobile home park may not be as clean as you think. So the article goes on and on to explain on well water and we are increasing the standards. So like I said bare with me for a while.
I inherited this contract which we have been working on for a number of years and we looked at some court cases. Oneida verses Grand Ledge came to light. And in Oneida verses Grand Ledge when they finally made the decision on it, it was 123.141 and what it actually says if the selling city produces its own water and serves an area with less than 100,000 people and one (1) percent of Michigan’s population, that’s 1% of Michigan’s population then it is not subject to 123.141 which was what the Supreme Court ruled.
There was also the Goodrich case. Now the Goodrich case served a sewer and I’ll get to this in a second. Then there was Lansing and Frankenmuth. They’re all dealing with whether you can charge a double rate. Well, what they came up with is that the rates cannot be unreasonable. They cannot be discriminatory. They must be based on some actual costs of providing water or sewer.
One of the other cases involved became Bolt which was out of, in Frankenmuth which they set aside $7,500 in a sewer. But those are the two main things they deal with the sewer and water.
What the Headley Amendment then works to is, you would violate the Headley Amendment if it was not proportionate to what was necessary. Cost of providing the service! It was imposed on just revenue raising alone and they’re not, and then it said, if they’re not voluntary. What I am getting at is then there was the Goodrich. The rates are based on reasonable costs.
So after going through our contract again and looking at you can’t, you cannot have some up front connections or tap fees just for the purpose of raising money. If …you can have them though to defray a portion of a capital cost. That came out of another court case.
So, as we, as with any contract, disputes arise over interpretations, over the intent of each language, over each period, each comma, etc. Procedures, we’ve talked about this last time we met with the city. Procedures will be in place for resolving any disputes once that joint agreement has been executed. These procedures should be and they will be, included in this intergovernmental agreement.
Page 4 of 13 – Regular Board Meeting - November 09, 2009
Generally speaking though, townships lack inherent (inaudible). They have a wide, wide authority for intergovernmental authority. That comes out of Article 7 and Article 28 of the Michigan Constitution. There is the Urban Cooperation Act. That’s a PA 1967. Mutual exchange of services without payment or Franchise. The PA 35 of 1951. PA 8 of 1967. Rates must be based on cost of service and reasonable.
Now, continuing on with this, the sulfur levels are up, we find new deposits of iron, we find new deposits of drugs, we find arsenic levels are up parts per billions and maybe it is time for us to really say, it is time for a township to get out of the water business.
Now who wants water? Well we know that the entire Industrial Park, those that attended our meeting said they wanted water. The business community has said they want water. Trailer Parks. Bruce Stine owns the one on South 52, he wants water. Stap Inc. has called me and said they want water. They had a well go out. They don’t want to go through this process. Apartment complexes. That will be Cider Mill. Stoney Creek has said we’ll give you our wells, you give us, you get us water. The comment out of the Industrial Park, one of the people out there that attended the meeting says I don’t want water tomorrow. I wanted it yesterday.
Why did we have water agreements? Um, a 4, we have three (3) 425’s. If I understand one of those, that was the condo apartments on Austin Lane or; off of Chipman Lane. That’s a 425. They wanted water. Woodard, wanted water. Demis Carthage wanted water. Kiwanis Village was an annexation along with Greg and Lou’s. They wanted the water and the sewer and they wanted first response. That’s what they told.
We’ve had three (3) to …we’ve had at least three (3) meetings concerning water. They have been advertised. We haven’t had anybody come to those meetings that have been outrageously against this township entering into a water agreement.
I believe the impact on our community is a positive. I believe the impact on our budget is positive. I believe the impact on the board is positive. I don’t see this as a risk for this township. If there is, I think it will be very minimal. Not all contracts are, perfect. It does aline with what our township plan, our township vision is and that is, a Master Plan. It is in line with our Master Plan.
I attended the MAPS meeting. Which is, the Michigan Association of Supervisors couple of weeks ago. It’s a three (3) day conference I attended for Thursday and a Friday. Um, I asked many different supervisors, one was from Armada and I can’t remember his name but I have it at home. And if you would like it I will get it for you. They have an Authority and they don’t, they’re not real thrilled with that Authority. None of them thought it would be wise to say let’s do a Franchise. Let’s do this. What is a Franchise? I’ll get to that later!
Page 5 of 13 - Regular Board Meeting – November 09, 2009
So the Franchise then became it’s …(inaudible). It’s Article 7, Section 29 out of the Michigan Constitution. It is consent to use. The city will access and create business and the city is going to put in certain lines. We had agreed to this. Any use of the Township, now when I said, we, had agreed to this, this was brought, this contract was brought before this board with two (2) TA’s prior to my assuming this position. I believe the rates are reasonable. The cost of delivery, now, if it is double the rate and this was never a key issue, the double the rate. But, let’s say that the rate is 1.75 goes to the city we get that other 25%. That’s the key! We’re making, I don’t like to use the word making, were receiving money put into the quarterly Township Water Fund.
Any use of that Township then, that Water Fund is for expansion and capital improvement so, we go from there. There is regress and grievance in this contract. There can be thir… so, you have a, then you have an op. A moment you say okay.
Caledonia put their water agreement together and each year that they’ve been in there working with this agreement, it’s worked out quite well with them. I’ve talked to John Orin. I’ve talked with Joe DeCaire. Nothing is perfect in this world but they are happy with what they have.
I see us questioning our ability to make a decision. We did do this we got rid of the different minuet or different districts, one, two and three and we said let’s make the entire Township a district. The very rural will never see pipelines. They won’t see them. But our high concentration, I know there’s members on this board who said, I’ve already said if you put water in front of me I’ll hook up. But the rural people will never see water.
I don’t believe the Township if it wanted to build it’s own could deliver water cheaper than what you could buy it for from the city. We can’t build our own system. Not in today’s market, not in today’s dollars. Um, so, we could have probably back in the 70’s. But even then I don’t think you could take a million dollars and say let’s build a small do it our self water system and make the delivery.
Part of the cost of delivering water …that reasonable rate that I’ve given you from three (3) to four (4) different court cases that cost is entitled in there and if you can make headway it, fine. Stand on that article, hang on give me a moment please (searching through his papers). Lost it right now I had a paper there.
The last time I said that the three (3) of us went over Trustee Schultz, Trustee Krajcovic we talked to the city and the city said listen you have, we have your latest proposal we’re ready to accept it as is, with Oneida.
Page 6 of 13 - Regular Board Meeting-November 09, 2009
What do we have by gaining and so I looked at some of this. I looked at some of what we were doing and I sat down ladies and gentlemen and I have about 8 pages of notes and studying and etc. What do we have to gain by going to a third party? I know this was a motion made by Trustee Krajcovic couple meetings ago.
I looked at what we did. We brought Lynn in on this. Gary Schultz and I met with Lynn. Lynn went through this. Then Lynn, then we sent this to Tom Newhoff. Prein and Newhoff, Lynn was almost verbatim with what Tom Newhoff and Tom Newhoff’s Corporation deals with this municipal contracts all the time. I believe that looking at Lynn we’ve had good representation. Good council. I believe we have a reasonable document staring at us. I know that Lynn was extremely instrumental in putting together our Industrial Park in the late 70’s, 77-78. Lynn was also very instrumental in putting together the Sewer Authority. Working with 13, 14million dollar contracts, creating ordinances. Um, so I’m looking at this and I would ask myself at two to three hundred dollars an hour why do we want to put this out to a third party and lose that money. I think we’ve had some excellent council here. Um, major contracts have been done by Lynn etc.
We’ve had water brought to us or I’m sorry Baker has had water brought to them. We did a planning commission they received a site plan. We had $47,000 plus in fees. I don’t think we’d ever make it up. All they did, was run another, they ran, they went from a one (1) to a six (6) inch line to deliver water to Baker. That was for fire suppression. They paid for all the taps and the Township received forty seven thousand dollars plus. Um, in my opinion they could have said we’d like, we’d like to go with annexation and I think by doing this with the water contract that we made with them, we made a smart move.
Now, I don’t see a lot of negatives right now. The taxpayers, um, those that want this, if you live in a subdivision and you’re getting older and you just put in a six thousand dollar well you may have a concern. That concern is relieved when you don’t have to hook up. You don’t have to hook up to this water system. That’s up to you. You can hook up, you can keep your well etc.
What I’m trying to get across to us is, I came in, I came in here in December. These two people have been part of, Trustee Schultz, Trustee Krajcovic have been part of the water agreement since day one. We’ve been at it for five (5) years.
What I would like to say to you and I have some other notes but I won’t go on. That’s strike one. Thank you public comments are over.
Page 7 of 13 - Regular Board Meeting-November 09, 2009
I called the Michigan Township Association on two different calls. One, the name is Katherine Molhalt. She’s a lawyer for the MTA. And they went through another lawyer and their idea was, I asked the other Township in such arrangement could a charge a fee to the municipality for a franchise the right to use the public rights of way could it offset contract fees charged by the municipality for water. We do not recommend taking such an approach. This was after sending it out too. I talked to I talked to some other people. I’ll go through that later.
My comment to you tonight would be and thank you for listening. I believe that we are as I’ve said last month we’re extremely close. I would like you to have all your issues bring your issues you have the contract bring your issues here in December. We will have discussion and debate in December and vote on it in December.
That would be my recommendation to this board. That again, I reiterate bring your issues with you. Not debatable tonight. And we’ll debate it, we’ll talk about it and then we’ll bring it up for a vote in December. That also comes from the negotiating committee. That does not come from just Danny Miller. That would be from Mr. Schultz and Mrs. Krajcovic. So
Clerk Gute: With that I would like to make a motion. I make a motion that all board members have a copy of what you just presented so we have a chance ourselves to go over all of that and I would also like to add it to the minutes.
Supervisor Miller: You would want my notes.
Clerk Gute: Yes and I would like a copy of the response…
Supervisor Miller: Um, I don’t, I, I, I, I would, I would tell you …
Clerk Gute: …from MTA. Did she put it in writing?
Miller: Um hum. Yes.
Clerk Gute: I’d like a copy. I’d like a copy of everything you have.
Supervisor Miller: Well I don’t know if I want to give you my notes but I will a …look into that.
Clerk Gute: You recorded it. You just read them into the Township Minutes.
Supervisor Miller: Yes, well then you are taping okay.
Clerk Gute: I make a motion that I receive a copy of everything he has to add to the minutes.
Page 8 of 13 - Regular Board Meeting-November 09, 2009
Supervisor Miller: I don’t believe a motion is necessary.
Clerk Gute: You have a motion on the floor.
Trustee Campbell: I’ll support it.
Supervisor Miller: A support, any discussion. These are my personal …if I was
Trustee Campbell: You know its just copies she wanted.
Supervisor Miller: Um, she wants a copy of what I read and those are my notes. I will check into it legally and see if I have to do that.
Clerk Gute: You read them into the minutes their part of the record. I would like to add them to the minutes.
Supervisor Miller: But if I read them into the minutes you must have them but the motion is out there. We’re gonna debate this. The motion is out there and your motion is?
Clerk Gute: That we have a copy of everything you just read to us that you read into the minutes.
Supervisor Miller: Well, I didn’t I’m reading and going on my notes as I see them. I will check into that. Okay! There is a , is anybody else have a comment? There is a motion and a second any further discussion. Hearing none roll call please.
Roll Call: Supervisor Miller-No, Trustee Archer-No, Trustee Schultz-No, Clerk Gute-Yes, Trustee Krajcovic-No, Trustee Campbell-Yes, Treasurer Cudney-No.
Treasurer Cudney: I have a question.
Supervisor Miller: Yes ma’am.
Treasure Cudney: Everything he said has a document to it anyway doesn’t it and is part of the minutes.
Supervisor Miller: No, everything I said I took notes and if you’ll look some of my notes have question marks and then I have arrows the way I write and the way I...
Treasurer Cudney: But that you got from MTA instead isn’t it…
Page 9 of 13 -Regular Board Meeting-November 09, 2009
Supervisor Miller: No, I took this and went to the Michigan Constitution. I picked this up from other sources by reading.
Clerk Gute: But you said you had a write up from MTA.
Supervisor Miller: I have, I have something here.
Clerk Gute: People can FOIA that because you put it in the minutes.
Supervisor Miller: I can, I can give you, yeah I didn’t say I wouldn’t give you everything I just said yes you ask me if I have a copy it’s from a Katherine Mahalt. Yes, if the Township board is negotiating you can they also have in there. Okay, so we’ll discuss it December. We’ve already had two (2) to three (3) TA’s come before the board.
FIRE HALL #1 Thank you.
(End audio tape)
(End audio tape)
b) Fire Hall #1: Supervisor Miller felt the fireman’s list of repairs became a wants verse a needs list. Moved Trustee Archer, Second Trustee Schultz to replace, repair and/or install the necessary sheet metal, service doors, insulation, electrical, adjust and seal overhead doors, add heat runs. to Fire Station #1. Roll Call: Trustee Archer-Yes, Trustee Schultz-Yes, Trustee Schultz-Yes, Treasurer Cudney-Yes, Trustee Krajcovic-Yes, Trustee Campbell-Yes, Clerk Gute-Yes.
c) Fire Station #2: Of the three construction companies the Supervisor contacted for bids only Perrin Construction showed to view the repairs. Perrin was ready to submit a bid. He asked for a motion to solicit bids through the paper. Motion John Archer to bid the project. Clerk Gute reminded the board that a motion to that effect was made at the last meeting. Trustee Archer rescinds his motion.
d) Mason Road House: Outside of the house looks really good now.
e) Cemetery update-bid: Moved Trustee Schultz, Second Trustee Krajcovic to accept the $2,715.00 bid from Greg Weinert’s Tree Service to cut and/or remove trees in the cemetery. Roll Call: Clerk Gute-Yes, Trustee Krajcovic-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Trustee Archer-Yes, Treasurer Cudney-Yes, Supervisor Miller-Yes. Clerk Gute states she will need a copy of Weinert’s liability insurance on file before they begin work.
New Business - a) Reappointment of Dave Johnson to the Utility Authority: Moved Trustee Schultz, Second Treasurer Cudney to reappoint Dave Johnson to a new 6year term on the Owosso/Caledonia Utility Authority with the term to begin on December 31, 2009 and end on December 31, 2015. Ayes: All. Nayes: None.
Page 10 of 13 - Regular Board Meeting-November 09, 2009
Shiawassee County Drains:
Supervisor Miller states that board members received the Shiawassee County Drains and what was going on with those and noticed the check was sent in for the $5,247.10. Clerk Gute states the check was on for approval for tonight. Miller explained that the other part of the drain bill that comes to the Township is $56,328.81 and; twenty five percent of that would be paid for by the Drain Commission. The other would be assessed to the people. Clerk Gute explained that the Township only paid the at-large and specials were, paid for by the people. However, she did have a question with the Maple River and the Wilkinson. Why weren’t there any specials just the Township payment? Why weren’t the people assessed there? Supervisor Miller will call Tony tomorrow morning.
Trustee Campbell said she did call Tony on the $800 one. You (Miller) had discussed it and she called him (Tony) and asked who authorized it and he said the Charter Board. She told him, no they hadn’t because we never knew about it. Tony told her Danny Miller authorized it. Which you did she said. She asked Miller to help her understand why he could authorize a bill like that without board knowledge.
Supervisor Miller explained when he talked to Tony, Tony said we had this to do. I told him okay because the new road was going in. Ruess Rd was going to be fixed and this was part of Mike Constine. He had called Lonnie and said he thought they were two or three weeks away on this. Lonnie said no we’re much closer than that. That was the time that three or four board members were gone so I made the decision and take responsibility for making the decision. He believed he made a good decision by getting it done so they didn’t have these machines on the road after the road was done and we know it’s going to be a job well done he said.
It concerned Trustee Campbell because it would be like any of us going and saying well if you want to do this go ahead and do it but we’ll pay you later but it’s not okayed by the board. That’s taking taxpayer’s money and just going out there and throwing it and saying I got the money go ahead and do it.
It was scary to her because she is a taxpayer too and; if it was not authorized by this board for the people of the Township she didn’t believe it should be done. Supervisor Miller stated he called another Township Supervisor and asked him if he had a certain amount of money away for the drains and he said yes and so did we. So he based it on that also. He did not do it arbitrarily and capriciously.
Another concern Campbell had was that it might be taking water from the Maple River and putting it into Constines water. Supervisor Miller understood that but said after it was done there was a good rain and it flowed well.
Page 11 of 13 - Regular Board Meeting-November 09, 2009
Supervisor Miller stated that Mike (Constine) was going to put a connection out there at his cost so that our tankers can hookup etc. immediately. He thought that was an excellent insurance policy. Trustee Campbell said her point and concern was Supervisor Miller authorizing things that this board did not okay. Okay, point taken said Miller.
Clerk Gute said it would be misfeasance of office if you’re not going to the board to do this. When she drove out there to look at it her concern was that it looked like they’ve dug from Constine’s pond, down to the ditch and across, and was concerned if the township would have paid for any digging on Constine’s property.
Supervisor Miller thought everything was done in accordance. He went out and looked at the flow and he knows that they also got calls about the entrance into there because it was blacktopped. Michael paid for all of that.
Clerk Gute stated that since Miller kept mentioning the dry hydrant that he should know too that if the fire department needed to draft water out of there they could do that without him having a say. That dry hydrant is helping Mike Constine. Trustee Schultz said the dry hydrant made it easier for the fire department. Gute said that’s right but it is still helping Constine and her concern is that the Township would pay for the dry hydrant and wondered why the gradall didn’t do it because they would have done it for free. It was also worked out for the people and is an excellent insurance policy said Miller.
Miller thanks the board. Gute asked if our gradall did this for free when we call them. We had 40 hours and then we had another 20. But wouldn’t we have gotten it for free and then we would have to pay that, asked Gute. Yes, if we would have got to it, we were the very last of 16 townships and I took all of that into consideration when I made the decision said Miller. I think you need to realize there are 7 board members said Gute. I do realize that and I appreciate hearing it said Miller.
Campbell asked where the Maple River drain was. Gute thought it was in the same vicinity. Trustee Schultz and Gute mention they’ve had to pay for drain work done in their area. Gute felt it made it look like we were doing a favor when no one out there was being charged. Trustee Schultz said lets get a hold of Tony (drain commissioner) and ask him about it.
Well if we okay the bills tonight that means, both drains will be paid said Campbell. No, don’t take $600 and 601.16 as a favor, nothing came of this position here, my only position was when we talked about the $800 and I looked at who was here and who wasn’t contacts, I looked at our budget and what we budgeted but that $601 is not from this chair, your points are well taken said Miller. He would call Tony in the morning and find out what the $601 is. Campbell felt we shouldn’t pay it until the board found out. We need to know about both said Gute. Consensus of the board was to hold the check until more information was received.
Page 12 of 13 -Regular Board Meeting-November 09, 2009
c) Doug Piggott – Land Use Plan Changes: Supervisor Miller state Page 3 becomes an ordinance and because it is an ordinance it has to have its first reading so, tonight would be the first reading and the second reading would take place in December. Bowne reminds Miller that can’t happen because the meetings had to be advertised. If passed Rowe would send the township the map that would replace the zoning map, and Doug’s letter states he went over the map with Bob, Dick, Judy and himself and has pretty much been pecked over said Miller. Gute had a problem with the map. We will have our first reading in December and lets bring back the issues then said Miller. Gute asked why would we want a reading before it is right, like he has heavy manufacturing for our industrial park and that isn’t right and has the whole west side of Delaney as heavy manufacturing, all of that is wrong. He (Piggott) needs to use the right terminology our ordinance says general manufacturing said Bowne. Plus said Gute, in the area of Greg and Lou’s he took from there all the way back down to North St and has it annexed to the City. She only knows of two houses by the professional building and Kiwanis Village being annexed and this map makes it look like the whole area in there was annexed.
Resident Richard Gute states Doug and he never talked about zoning, they finalized the land use map before he left office but never zoning and if what the clerk is saying about heavy and light manufacturing is right then Doug is way off.
Administrator Delaney will review the questions with Doug Piggott before final board approval.
d) MTA Conference – January in Grand Rapids: Supervisor Miller announced the upcoming MTA Conference. Clerk Gute wondered if the board should do that this year with the economy so bad. Miller stated he looked it over and there was some really good classes and there was even a day the Administrator Delaney could benefit from. Administrator Delaney wants to attend both days. Discussion: Clerk clarifies the motion in that it reads just the Supervisor and Administrator will be allowed to attend. Treasurer Cudney felt the motion should include allowing all board members to attend. Trustee Schultz rescinds his motion and amends same motion but add that all board members would be allowed to attend. Trustee Archer rescinds his second of the original motion and seconds the amended motion. Moved Trustee Schultz, Second Trustee Archer to allow all board members and Administrator Delaney to attend the MTA Conference in Grand Rapids and they would pay their own gas and food. Roll Call: Supervisor Miller-Yes, Clerk Gute-No, Trustee Krajcovic-Yes, Trustee Campbell-Yes, Trustee Archer-Yes, Treasurer Cudney-Yes, Trustee Schultz-Yes.
e) Burnham & Flower: Agent of record was changed on the Provident Policy.
Page 13 of 13 -Regular Board Meeting-November 09, 2009
f) FOIA: Board needs to appoint a coordinator. By law no board member can be made to do this said Supervisor Miller. Moved Treasurer Cudney, Second Trustee Campbell to appoint Supervisor Miller as the freedom of information act coordinator. Supervisor Miller respectfully declines. Motion withdrawn. No coordinator appointment made at this time. Trustee Krajcovic will find out if an outsider would consider the position.
g) FLOOD PLAIN ORDINANCE: FEMA is requesting an ordinance.
Payment of Bills: Moved Trustee Campbell, Second Treasurer Cudney to accept the November 09, 2009 checklists as printed and to release all checks except check 4300. Roll Call: Treasurer Cudney-Yes, Trustee Schultz-Yes, Clerk Gute-Yes, Trustee Krajcovic-Yes, Trustee Campbell-Yes, Trustee Archer-Yes, Supervisor Miller-Yes. Cemetery checks – 944 - 948, Fire checks 3411 – 3436 (ck 3435 is void), General Fund checks 4272 – 4304 (ck 4284 is void and ck 4300 held), Sewer checks 353 - 356, T & A checks 1999 – 2005 (ck 2000 is void) and Water checks 547 - 551 shall be released for payment.
Public Comments: Opened at 9:08 p.m. – Closed at 9:11p.m.
Audience participant Kay Lauro "freedom of information act," requests information from Supervisor. Resident Paul Kruger everyone needs to know the difference between flood plain and flood prone and does not feel Ms Lauro should speak at meetings because she does not live in the Township. Resident Richard Gute states the 8 points to the Owosso Redi Mix case had been either been taken care of or addressed and felt no more tax dollars should be spent on the case. Asst. Fire Chief Dave Johnson question about fire station #1.
Communications/Board Comments & Reports:
Shiawassee County Chapter MTA Annual Dinner – November 17th.
Adjournment: Moved Trustee Schultz, Second Trustee Krajcovic to adjourn at 9:17 p.m. Ayes: All. Nayes: None.
Respectfully Submitted,
Judy K. Gute
Owosso Charter Township, clerk
Danny C. Miller
Owosso Charter Township, supervisor
