2010-01-11 Minutes

Original printed as submitted

Page 1 of 6 -Regular Board Meeting-January 11, 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 January 11, 2010 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: Trustee Archer-Yes, Supervisor Miller-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes, Trustee Krajcovic-Yes, Trustee Schultz-Yes, Clerk Gute-Yes. Others Present: Attorney Bowne, Bldg. Administrator Bob Delaney, Assessor Steve Schweikert, OCTMMR Manager Jason MacDonald, Asst. Fire Chief David Johnson.

Agenda: Moved Trustee Krajcovic, Second Trustee Schultz to accept the agenda as printed with the additions of c) Accept Fire Chief Greger’s Resignation under Unfinished Business; f) FOIA Charges and g) Advertisement Policy under New Business. 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: Minutes of December 14, 2009 - On page 4 of the minutes Supervisor Miller wants added that Terry Smigelski and Bob Delaney had made comments about the drain work and that it was a good idea to pay it. Clerk Gute states they had commented but they did not state that it should be paid and requests clarification. Bob Delaney states he only made a comment to the history of the drain. Miller states the clerk could leave it that they had stated as to the credibility and clarification to the job that was done. Moved Treasurer Cudney to accept the minutes, Second Trustee Schultz to add to the minutes that Terry Smigelski and Bob Delaney had gave credibility and clarification to the job that was done and to accept the remainder of the minutes as presented. Roll Call: Supervisor Miller-Yes, Trustee Krajcovic-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Trustee Schultz-Yes, Trustee Archer-Yes, Treasurer Cudney-Yes. The December 14, 2009 minutes stand as written with the minor inclusion.

Minutes of December 15, 2009 - Supervisor Miller comments that the clerk’s note states candidate Richard Gute is the only candidate that followed the provisions of the ad and no motion is made to accept or deny the applicants that did not follow the provisions. There was no need for a motion because we had already received a legal opinion from Mr. Bowne and it should be clarified that a motion was necessary stated Miller. That is just my note stating no motion took place said Gute. Miller then states on page 5 under board comments it says Clerk Gute said she had minutes that the Supervisor had not signed and asked if he was refusing to sign them. To the best of my ability the clerk had asked me to sign them after the meeting not during board comments and if that was stated during the meeting I would like a copy of the tape please said Miller. Clerk Gute states she did ask him during the meeting after only the motion was made and she also got with him regarding it after the meeting too.

Page 2 of 6 - Regular Board Meeting-Janurary 11, 2010

But, states Miller there was no mention of whether the Supervisor was going to sign these minutes or not and you asked me then if I was going to sign those and I said no. Then you said you would have to put a note in there as to why my refusal and I said I would get back with you on the legal matter of that. Also the minutes by law would go out 21 days after a meeting and have to be signed by the Clerk and the Supervisor but these minutes that we are doing now do not have to be signed by the Supervisor said Miller. I am talking about the official minutes said Gute. You’re talking about these (pointing to draft minutes) said Miller. No, I’m talking about the official minutes that I pass down to you and you will not sign those said Gute. And the minutes that we are having tonight must be put in the newspaper 21 days before the meeting we are having tonight and at that time they must be signed by the Supervisor and the Clerk but we will go through the law on this but that’s okay we’re going to agree on that said Miller. No, it’s the official minutes that have to be signed by the Supervisor and Clerk to go in the minute book said Gute. Moved Trustee Schultz, Second Treasurer Cudney to accept the December 15, 2009 minutes. Discussion: Clerk Gute asks for clarification of the addition to the motion and whether she was supposed to add that “Attorney “Bowne had given his legal opinion”. Yes, on page 3 at the bottom said Supervisor Miller. Roll Call: Supervisor Miller- Yes, Trustee Krajcovic-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Trustee Schultz-Yes, Trustee Archer-Yes, Treasurer Cudney-Yes. The December 15, 2009 minutes stand as printed with the minor inclusion.

Minutes of December 21, 2009 - Moved Trustee Schultz, Second Trustee Krajcovic to accept the December 21, 2009 minutes as printed. Roll Call: Supervisor Miller-Yes, Trustee Krajcovic-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Trustee Schultz-Yes, Trustee Archer-Yes, Treasurer Cudney-Yes. The December 21, 2009 minutes stand as printed.

Treasurer Report: Moved Clerk Gute, Second Trustee Schultz to accept the November 30, 2009 Treasurer’s Report as printed. Roll Call: Supervisor Miller- Yes, Trustee Krajcovic-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Trustee Schultz-Yes, Trustee Archer-Yes, Treasurer Cudney-Yes.

Public Comments: Opened at 7:17 p.m. - Closed at 7:29 p.m.

Mike Thornton – Regarding the recall of the commissioners he has no opinion on it either way but if it was going to be a recall by special election he was not in favor of it because special elections were a waste of taxpayers money. Harold “Buck” Kuisel – states he is from Bath Township and is a candidate for the 85th District State Representative. He has attended 3 Owosso Township Board meetings thus far and sees a lot of familiar faces. He feels 2010 & 2011 will be very critical years and we are at a turning point in our history. He states we are going through some hard times, we are going through a depression and the candidate for State Representative is going to have to be a special person. That special person is going to have to be someone you can trust with your life, money and property. It is going to take a Representative that has the experience, the education, the structure, the discipline and the self reliance it is going to take to sit in that seat and make the changes necessary that need to be changed.

Page 3 of 6 – Regular Board Meeting - January 11, 2010

Candidate Kuisel feels the 19th century taxing structure needs to be brought into compliance with the 20th Century taxing structure that can change and fluctuate with the economy. We need to bring business back to Michigan and he believes he is the candidate that can meet the needs of the position. Website: www.the-buck-stops-here.com

Sheriff Dept./County/State Rep Comments – SCBOC: Henrietta Sparkes states county departments are working on furlough days, and all departments will not have the same hours. Many departments will be closed between noon and 1:00pm. Most will be closing at 4:00pm. There will be times during holidays and other days they will not be working. Cell phones are not allowed in the courthouse. She attended the wording clarification hearing on her recall petition and spoke at the hearing. She found out that the wording did not have to be true. It only had to be clear enough for the voters to understand. She does not feel it was clear and she and other commissioners will be appealing it. The commissioners had a finance and economic fiscal development meeting today. The Veteran’s also had a meeting today and last years former chairman Les Schneider would not allow the persons the commissioners had appointed to that committee to set at the meeting. Mr. Schneider carried on with his old board that has no jurisdiction. She does not know how this will play out. They have no jurisdiction to sign things or anything like that so we will all have to see how that plays out. Before that happened I was served as chair of the board of commissioners with a lawsuit to the board of commissioners of the county from Les Schneider, Mr. Riddle, Mr. Savage and another gentleman that she is not familiar with. SCSD: A total of 563 Incidents were handled by, the Sheriff’s department for the last quarter of 2009. A total of 2,237 Incidents were, handled by the department for y2009.

Cemetery Report: Attached to minutes. One (1) non residential open/close, $400.00 collected.

Assessor Report: Attached to minutes. Persons that have purchased foreclosed homes in y2009 for less than the current taxable value are not eligible for a reduction in their taxable values for y2009 because the assessment for y2009 were set, on December 31, 2008. They do have the right to attend the March 2010 board of review and if they are not satisfied with that they can take it to the tribunal. When they are buying the foreclosed property they are most likely buying someone else’s loss unless the home has been trashed. Everyone in Michigan is going down 3/10 of a percent in taxable value and probably 10% in SEV. Unless the SEV goes down below the taxable value we will not save on taxes. Current personal property tax concerns are depreciation values, millage and IFT’s. The three associates to value are cost, market and income. They are the square foot average price to build, less depreciation and land.

Fire Report: Attached to minutes. Responded to nine (9) alarms during the month of December 2009. Moved Trustee Schultz, Second Treasurer Cudney to pay $286 for lodging for Assistant Chief Dave Johnson to attend a Juvenile Fire Setter Intervention Conference in Traverse City on February 20 and 21st with Chief Johnson paying for his own milage and food costs. Roll Call: Supervisor Miller- Yes, Trustee Krajcovic-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Trustee Schultz-Yes, Trustee Archer-Yes, Treasurer Cudney-Yes. Chief Johnson will give a report to the board after the conference.

Page 4 of 6-Regular Board Meeting-January 11, 2010

Ambulance Report: Attached to minutes. Responded to forty-seven (47) medical calls during the month of November 2009. Because of the Medicare Ambulance Relief Act that expires January 1 so MMR will see a cut in Medicare reimbursements. Both the House and Senate Healthcare Reform Bills do include relief for one more year. Hopefully it will be reinstated and if anyone would like to help lobby for this they can go to www.the-triplea.org. Supervisor Aldrich will be leaving here and going to MMR in Saginaw to work in the finance department.

Building Report: Attached to minutes. Five (5) Mechanical permits, four (4) Building permits, one (1) ZBA were receipted for the month of December 2009 for a total of $1,673.00. Mr. Delaney states he has informed Mr. Lee at 3189 W. M 21 that his house was not structurally sound with the basement the way it is and has given him until January 25th to lay the blocks to enclose the foundation. Mr. Delaney will tend to a complaint of numerous vehicles at another location on W. M21 this week. (Special Note: The “One Other” listed on the front page of the report is to be deleted).

Unfinished Business

a) Water Contract: All board members received a five-page list of comments and concerns referenced by city of Owosso utilities manager Gary Burk on behalf of the city. The Township Intergovernmental Committee will meet regarding those concerns. After the Intergovernmental committee meets a water workshop will be scheduled with the board members.

b) Fire Hall #1 & #2: The ice guard at station #2 has been installed and is working. At this time there is no need to build vestibules. The repairs at station #1 have been completed. Supervisor Miller announced that because vestibules were not needed at station #2 that it only cost the Township $23 for the repairs at station #1.

c) Accept Chief’s Resignation: Moved Trustee Schultz, Second Treasurer Cudney to formally accept Fire Chief Greger’s resignation with regrets. Roll Call: Clerk Gute-Yes, Supervisor Miller-Yes, Treasurer Cudney-Yes, Trustee Archer-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Trustee Campbell-Yes.

New Business

a) Retired Fire Chief Gerald Greger sent a letter recommending David Johnson for Fire Chief. Moved Supervisor Miller, Second Treasurer Cudney to appoint Assistant Chief David Johnson to the Chief position. Discussion: Trustee Schultz states he has learned a lot from Dave. Treasurer Cudney worked with Dave on the Fire Board and felt he would do a good job. Clerk Gute asked how Dave hoped to stop the politics within the department. Dave claims politics is real hard to deal with but only finds a couple people that focus on the politics and those people will have to be dealt with individually. Trustee Campbell asks Mr. Greger if he really wrote his recommendation letter in 1999. He had not. Roll Call: Clerk Gute-Yes, Supervisor Miller-Yes, Treasurer Cudney-Yes, Trustee Archer-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Trustee Campbell-Yes.

Dave Johnson states he will endeavor to do his best to uphold the high standards that Mr. Greger had set for the department. He had some pretty big shoes to fill but would give it his utmost try.




Page 5 of 6 – Regular Monthly Board Meeting – January 11, 2010

b) Appointment of New Assistant Chief: As the new Fire Chief, David Johnson recommends Michael Thornburg as his Assistant Fire Chief and states Mike is well respected not only on the township department but by the neighboring firefighter’s around the county. Chief Johnson had also submitted a letter recommending Mike Thornburg. Moved Trustee Schultz, Second Treasurer Cudney to promote Michael Thornburg to the Assistant Chief position. Discussion: Clerk Gute states being very familiar with the department she knows there have been issues in the past and asks Mike how he proposes to lead the department or how he would change that. Mike says it’s kind of like Dave said we have 24 different careers on the department and it will be on an individual basis a one on one. She has heard a lot about him pulling out for fires and not waiting for other firemen and wondered about that. She asked if that would change. Mike stated it would depend on the situation. Mike stated he would address the situation. Clerk Gute thanked him. Roll Call: Trustee Krajcovic-Yes, Clerk Gute-No, Trustee Archer-Yes, Supervisor Miller-Yes, Treasurer Cudney-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes.

Chief Johnson states with Mike’s appointment he will be filling an engineer position next month.

c) Appointment of Joy Archer to Wastewater Treatment Committee: Clerk Gute asked if Supervisor Miller if he could explain the duties of being on the Waste Water Treatment Authority to Trustee Archer. He states he has a packet for Trustee Archer and will have Gary Burk explain it to her. Gute explained she was talking about her not voting to make major changes without approval of the Township board. Moved Trustee Schultz, Second Treasurer Cudney to appoint Joy Archer to the Wastewater Treatment committee. Ayes: All. Nayes: None.

d) Set Date for February Budget Workshop: Consensus of the board is that the budget workshop will be held on Tuesday February 2, 2010 at 6:00pm and the budget hearing to adopt the budget will be held during the February 8, 2010 regular board meeting. The Annual Meeting will be held on March 27, 2010 at 9:00am.

e) Zone Code Plan: Supervisor Miller states that Doug Piggott met with the Clerk regarding her concerns regarding the map and corrections Doug is in the process of making those changes and believes it will be ready for next week.

f) FOIA Charges: Clerk Gute states she felt it was wrong for the board to deny her motion requesting Supervisor Miller’s water information. She felt all board members should share their information. Therefore, she had to request the information under the Freedom of Information Act. Supervisor Miller charged her a $7.00 copy fee an $8.00 per hour administration fee for a total of $15. To her knowledge the Township has never charged an administration fee before. When she was the FOIA Coordinator it was 25cents per copy plus postage and she felt the $8 should be waived.

Miller states that Gute’s motion went down 4 to 2 and two days later she left a formal motion in his mailbox. A Freedom of Information Act Request said Gute. Yes, you made a formal motion to FOIA my materials that I had read off, for those that don’t know said Miller. Yes it wasn’t just taking my materials, I don’t just put it there so yes he did charge $8. Miller states he is now the FOIA Coordinator and he will charge $8 per hour said Miller.

Page 6 of 6-Regular Board Meeting-January 11, 2010

We charge 25cents per page and that will go up in the future. Miller states he feels his travel time, his time coming and going, his time to put it together, time to write the letter and etc is work and doesn’t feel $8 is too much. Miller states he intends to have FOIA material ready where the Township would charge 50cents to $1 per page and an $8 per hour labor fee and he would just as soon make all the copies at Speedy Print than to use the Township copy machine.

Clerk Gute felt it was wrong to make people pay such exuberant prices as $1 per page for Township information. Others agreed.

Treasurer Cudney states the board adopted the 25cent copy fee and postage costs a long time ago. Gute agreed. Consensus of the board was that the administration fee would be waived.

g) Advertising Policy: Clerk Gute would like to see a policy made regarding advertisements and how the board will accept correspondence from them. She felt it was wrong in that the board recently responded differently to three different advertisements (bids & etc.) and would like all board members to draft something up for the board to adopt. But we did everything legal said Miller. I guess until someone takes us to court on it said Gute. Consensus of the board is that it was a good idea to adopt a policy.

Payment of Bills: Moved Trustee Krajcovic , Second Treasurer Cudney to accept the January 11, 2010 checklists as printed and to release all checks. Roll Call: Trustee Archer-Yes, Treasurer Cudney-Yes, Trustee Schultz-Yes, Clerk Gute-Yes, Trustee Krajcovic-Yes, Trustee Campbell-Yes, Supervisor Miller-Yes. Cemetery checks – 967 – 977, Fire checks 3479 – 3511, General Fund checks 4331 – 4364, Sewer checks 360 – 361, T & A checks 2008 - 2011and Water checks 558 – 559 shall be released for payment.

Public Comments: Opened at 8:47pm Closed at 9:05pm

Retired Fire Chief Gerald Greger thanks the board. Marvin Britton and Lee Wing continue to take issue with the Redi Mix lawsuit settlement. Mike Thornton would like to see the drop box used as a place to leave correspondence to bids, advertisements, etc. Lee Wing asks when will zoning be a commitment to the board. David Johnson thanks board for their support.

Communications/Board Comments & Reports: Trustee Krajcovic states that at the MTA meeting Sheriff Braidwood suggested that Townships should adopt a resolution to prohibit concealed weapons in Township halls. She would like it placed on the next agenda. Clerk Gute states she would feel safer if someone were in attendance with a concealed weapon in order to protect us it’s like homeland security. Others in the audience gave similar responses. Supervisor Miller will give an Airport Board report and Trustee Schultz will give a Sewer Authority report at the next meeting.

Adjournment: Moved Trustee Schultz, Second Treasurer Cudney to adjourn at 9:12pm. Ayes: All. Nayes: None.

Respectfully Submitted,



Judy K. Gute

Owosso Charter Township, clerk

Danny C. Miller

Owosso Charter Township, supervisor