2010-06-14 Minutes

Printed as submitted

Page 1 of 9 - Regular Board Meeting – June 14, 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 June 14, 2010 at 7:00 P.M. in the Township Board Room, located at 2998 W. M 21, Owosso, Michigan 48867.

Call to Order: Pledge to the Flag.

Members in attendance: Roll Call: Supervisor Miller-Yes, Trustee Krajcovic-Yes, Trustee Schultz-Yes, Clerk Gute-Yes, Trustee Archer- Yes, Treasurer Cudney-Yes. Trustee Campbell-Absent.

Others Present: Attorney Lynn Bowne, Fire Chief David Johnson, Asst. Chief Thornburg, Assessor Steve Schweikert, MMR Manager Jason MacDonald and Building Administrator Robert Delaney.

Agenda: Moved Trustee Krajcovic, Second Trustee Schultz to delete item C. Wausauki under New Business and replace it with “Land Ordinance” and add “Property Sale – Ardelean Deed and Easement” item D. under New Business and to accept the remainder of the agenda as printed. Roll Call: Trustee Krajcovic-Yes, Treasurer Cudney-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Archer-Yes, Schultz-Yes.

Minutes-Previous Meeting: Moved Trustee Schultz, Second Treasurer Cudney to approve the May 10, 2010 minutes as printed. Roll Call: Supervisor Miller-Yes, Treasurer Cudney-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Archer-Yes, Trustee Krajcovic-Yes.

Treasurer’s Report: Attached to minutes. Moved Trustee Schultz, Second Trustee Archer to accept the April 30, 2010 treasurer’s report as printed. Roll Call: Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Treasurer Cudney-Yes, Trustee Krajcovic-Yes, Trustee Archer-Yes.

Public Comments: Opened at 7:04 pm and closed at 7:09 pm.

Resident Jeff Sines asks what the status is regarding the zoning violations next door to him. Resident Dave Dwyer reports a streetlight missing since Easter at the corner of Sherman Rd and W. M21 (this has been reported to Consumers).

Sheriff’s Dept. Rep./County/State Rep. Comments: SCSD Report attached to minutes. The SCSD responded to one hundred and ninety nine incidents (199) in the Township during the month of May 2010.

Page 2 of 9 - Regular Board Meeting – June 14, 2010

Cemetery Report: Report on file. A total of $1,450.00 for open/close and foundation installations was collected for the month of May 2010.

Assessor Report – Board of Review: Report on file. VG’s Supermarket, Georgia Pacific and Dr. Jafri have all filed with the tax tribunal.

Fire Report: Report on file. The department responded to 13 alarms during the month of May 2010.

Moved Trustee Schultz, Second Treasurer Cudney to promote Ben Redmond and Jeremy Dwyer to the position of Lieutenant effective July 1, 2010. Discussion: Four firemen had applied for the position. Gute felt in accordance to Risk Managements directive the board should have a hiring and appointment policy in place before making this decision. Board members have not interviewed all the candidates or talked with other firemen. Without a policy in place the board had even went against the fire department bylaws when making the chief appointment. By allowing the firemen to vote on this appointment is what risk management says cannot happen. We need to have our own policy (guidelines) in place first. Roll Call: Roll Call: Treasurer Cudney-Yes, Trustee Schultz-Yes, Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-No.

Moved Trustee Krajcovic, Second Trustee Schultz to authorize the purchase of extrication gloves for the firemen at approximately $870.00. Roll Call: Treasurer Cudney-Yes, Trustee Schultz-Yes, Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes.

Moved Trustee Schultz, Second Treasurer Cudney to waive the $125.00 fee to Mr. Miake for the use of the fire engine that was on standby for his June 5, 2010 fireworks display. Discussion: Mr. Maike had donated $600.00 towards printing costs for a recent fire department fundraiser. The firemen wish to donate their time and asked if they could also waive the cost for the fire truck standby as well. Gute could appreciate the thought behind the firemen’s request but unfortunately a donation is a donation and is tax deductible. Gute’s concern was the inequity for future standbys and she did not feel expensive fire trucks should be used for a tit-for-tat thing (bartering). Miller agreed that a donation was a donation. After lengthy discussion - Roll Call: Treasurer Cudney-Yes, Trustee Schultz-No, Trustee Archer-No, Trustee Krajcovic-Yes, Supervisor Miller-No, Clerk Gute-No.

Moved Clerk Gute to uphold the motion made at the May 10, 2010 meeting and to direct Chief Johnson to bill Mr. Maike for all costs associated with the fire department standby at his June 5, 2010 fireworks display. Gute rescinds motion. May 10, 2010 motion stands.

Moved Trustee Schultz, Second Trustee Krajcovic to authorize the fire department to purchase new dress uniforms at a cost not to exceed $8,000.00. Roll Call: Treasurer Cudney-Yes, Trustee Schultz-Yes, Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes. (Note: Mr. Curran from Crest Marine LLC. pledged a donation of $500.00 towards the firemen’s dress uniforms. Board thanks Mr. Curran.)

Page 3 of 9 - Regular Board Meeting – June 14, 2010

Ambulance Report: Report on file. Responded to forty one (41) calls during the month of April and 33 calls during the month of May 2010. Run volume was down for these months. Tri Annual response times took longer than usual though they are still well within their contractual requirements. MMR is investigating why their response times were longer. It was mentioned that perhaps it was because M52 is closed or because the calls were from a greater distance.

Building Inspector/Code Enforcer: Report on file. Three (3) Building, One (1) Plumbing, Five (5) Mechanical, Five (5) Electrical and Three (3) Other permits, were issued for a total of $10,155.00 collected for the month of May 2010.

Unfinished Business:

Note: Consensus of the board was that Crest Marine would now be addressed as item A., under Unfinished Business.

a) Crest Marine – The Board is to consider a public hearing creating an industrial district and to approve an IFT (P.A. 198) for Crest LLC.

Resolution Treasurer Cudney, Second Trustee Schultz:

OWOSSO CHARTER TOWNSHIP, SHIAWASSEE COUNTY, MICHIGAN

RE: CREATION OF PLANT REHABILITATION AND/OR

INDUSTRIAL DEVELOPMENT DISTRICT

WHEREAS, Owosso Charter Township in Shiawassee County Michigan, levies ad volorem taxes at a rate which, taken together with the rates of ad valorem taxes by other taxing authorities levying taxes within said Township, exceeds $30.00 for each $1,000 of state equalized valuation;

WHEREAS, the Charter Township Board of Owosso has scheduled a hearing for June 14, 2010, on the question of creating a Plant Rehabilitation and/or Industrial Development District under Public Act 198 of 1974, as amended, encompassing the following described land:

Township of Owosso, County of Shiawassee, and State of Michigan, to wit:

Sec 34, T7N, R2E, PT OF SE ¼; COM AT NE COR OF SE ¼ OF SEC, TH S

957 FT, TH S47*28’W ALG CENTER OF HWY 887.4 FT, TH S46*W ALG CEN OF HWY

913 FT M/L TO E 1/8 LN OF SEC, TH N35*W 274.6 FT, TH S47*15’W 212.9 FT, N57*30’W

276.5FT, S89*45’W 215.3FT TO A PT 50 FT ELY AT RIGHT ANGLES FROM C/LN OF

MAIN TRACK OF MCRR, TN NELY 50FT & PARL TO SD C/LN OF MAIN TRACK 2170 FT M/L TO E-W ¼ LN OF SEC. TH E 1158 FT M/L TO BEG. EX COM AT INTR OF C/LN OF HWY M-47 & E 1/8 LN OF SEC, SD INTR BEING 425.74 FT N00*13’04”E OF SW COR OF E ½ OF SE ¼, TH N 45*29’E 394.36 FT, TH N44*31’W AT RIGHT ANGLES WITH SD C/LN 472.73 FT TO AN IRON STAKE, TH S45*29’W 606.74FT TO AN IRON STAKE (SD STAKE BEING THE NELY LN OF TRACT OF LD CONVEYED TO WESLEY GILBERT), TH S67*28’E 200.58 FT, TH N47*12’49”E 274.60 FT TO BEG. ALSO EX THAT PARCEL OF LD CONVEYED TO MI STATE HWY IN L 390, PAGE 284.

Page 4 of 9 - Regular Board Meeting – June 14, 2010

WHEREAS, Crest Marine Real Estate, LLC is the owner of property upon which Crest Marine, LLC proposes to renovate existing industrial facilities and install manufacturing equipment which may qualify them or others for certain tax relief as provided in 1974 Public Act 198, as amended; and

WHEREAS, the appropriate notice has been given to Crest Marine Real Estate, LLC, the owner of all the real property within the above described Industrial Development District; and

WHEREAS, no material objections have been received to the establishment of said district and it appears it is appropriate to create such a district;

NOW THEREFORE, BE AND IT IS HEREBY RESOLVED that the Township Board of Owosso Charter Township hereby establishes a Plant Rehabilitation and/or Industrial Development District upon and within the above described propert, within the purpose and intent of 1974 Public Act 198, as amended;

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

IFT Crest Marine, LLC: Resolution Trustee Schultz, Second Treasurer Cudney:

OWOSSO CHARTER TOWNSHIP, SHIAWASSEE COUNTY, MICHIGAN

RE: CREST MARINE, LLC

GRANT OF INDUSTRIAL

FACILITIES EXEMPTION TAX CERTIFICATE

WHEREAS, Crest Marine, LLC of 2710 South M-52, Owosso, Michigan 48867. has applied under the provisions of 1974 Public act 198, as amened, for an Industrial Facilities Exemption Tax Certificate with respect to its proposed upgrade, modernization and installation of new manufacturing equipment and facilities upon the following described property:

Sec 34, T7N, R2E, PT OF SE ¼; COM AT NE COR OF SE ¼ OF SEC, TH S

957 FT, TH S47*28’W ALG CENTER OF HWY 887.4 FT, TH S46*W ALG CEN OF HWY

913 FT M/L TO E 1/8 LN OF SEC, TH N35*W 274.6 FT, TH S47*15’W 212.9 FT, N57*30’W

276.5FT, S89*45’W 215.3FT TO A PT 50 FT ELY AT RIGHT ANGLES FROM C/LN OF

MAIN TRACK OF MCRR, TN NELY 50FT & PARL TO SD C/LN OF MAIN TRACK 2170 FT M/L TO E-W ¼ LN OF SEC. TH E 1158 FT M/L TO BEG. EX COM AT INTR OF C/LN OF HWY M-47 & E 1/8 LN OF SEC, SD INTR BEING 425.74 FT N00*13’04”E OF SW COR OF E ½ OF SE ¼, TH N 45*29’E 394.36 FT, TH N44*31’W AT RIGHT ANGLES WITH SD C/LN 472.73 FT TO AN IRON STAKE, TH S45*29’W 606.74FT TO AN IRON STAKE (SD STAKE BEING THE NELY LN OF TRACT OF LD CONVEYED TO WESLEY GILBERT), TH S67*28’E 200.58 FT, TH N47*12’49”E 274.60 FT TO BEG. ALSO EX THAT PARCEL OF LD CONVEYED TO MI STATE HWY IN L 390, PAGE 284.

Page 5 of 9 - Regular Board Meeting – June 14, 2010

WHEREAS, the proposed facility is to be located within Industrial Development Districts created by the Owosso Charter Township Board on June 14, 2010, constitutes new facilities as defined in Public Act 198, as amended; and

WHEREAS, the proposed facility is calculated to have reasonable likelihood of creating new employment and will help retain forty-six (46) existing jobs; and

WHEREAS the granting of the requested Industrial Facilities Exemption Tax Certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the local government or impairing the financial soundness of any taxing unit which levies ad valorem property taxes against the area where the facility is located; and

WHEREAS, said proposed construction program for the facility will safeguard existing employment, create new employment, and provide for a productive use of unused property; and

NOW THEREFORE BE AND IT IS HEREWITH RESOLVED that the requested Industrial Facilities Exemption Tax Certificate be hereby approved and that the industrial facilities tax upon such a new facility for the next 12 year following December 31, 2010, shall be determined by multiplying one-half (1/2) the mills levied as ad valorem property taxes for each of said 12 years by taxing units within which such facilities located by the state equalized valuation of the facility excluding the land inventory, and personal property personal property of the facility which shall be separately assessed and taxed in accordance with the general ad valorem tax law, and contingent upon an annual performance review by the township.

BE FUTHER RESOLVED that Owosso Charter Township Clerk shall forward the application of Crest Marine, LLC together with a resolution and supporting documents to the Michigan State Tax Commission for approval and the issuance of an Industrial Facilities Exemption Tax Certificate in accordance herewith.

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

b) M. Siminski – Delaney Rd. Establish Mud Bogging Ordinance: Attorney Bowne states an ordinance was not necessary to bring Mr. Siminski’s mud bogging events into compliance. The only thing Mr. Siminski has to obtain is a conditional use permit, however, he is not getting that permit. Moved Trustee Krajcovic, Second Trustee Archer to authorize and direct Attorney Bowne to follow up on the September 23, 2009 letter he sent to Mr. Siminski and if Mr. Siminski did not comply Attorney Bowne is to take cease and desist action through circuit court. Supervisor Miller-Yes, Trustee Archer-Yes, Treasurer Cudney-Yes, Trustee Krajcovic-Yes, Trustee Schultz-Yes, Clerk Gute-Yes.

c) Cemetery: Supervisor Miller states board members received cemetery maintenance job descriptions designed by Trustee Schultz and himself and asks that the board consider them for the next meeting.

Page 6 of 9 - Regular Board Meeting – June 14, 2010

c) Cemetery (cont.): Clerk Gute asked why the board would consider a new job description when Mr. Blevins already signed a job description on June 11, 2008 (Gute read from the May and June 2008 minutes regarding the hiring of Mr. Blevins and supplied the board with copies of both he and Sexton Sparks’ job descriptions).

Gute then read a paragraph from the signed General Construction Easement Drain Easement and Agreement signed by the homeowners north of the cemetery drain wherein it states “First Party understands and agrees that the drain or ditch is private and therefore it is the responsibility of the first party to repair and maintain said drain or ditch and is not the obligation of the second party.” (homeowners Dennis, Hawkey, Mead, Huyck and Hrymecki are members of the first party and Owosso Township is the second party).

Gute also asks what the board is going to do regarding the disposal of the leaves in the cemetery? You are having him haul all those leaves to the back of the cemetery or to the farmer’s field across the road. This is costing the township a lot of money to do this. They have always been burned in the past.

Schultz said the reason he came up with the job description is because he went to the cemetery 4 days before Memorial Day. He had people come up to him tell him it looked bad and he also stated it looked bad on Memorial Day. Gute states she drove through the Cemetery the Thursday or Friday before Memorial Day before she went up north and Mr. Blevins was mowing it at that time. She could not believe it would have looked bad on Memorial Day.

Supervisor Miller claimed stated he received a complaint from Jenny Kline who represented a large group of people. Treasurer Cudney claimed she went to the Cemetery on Memorial Day and the grass was long but she didn’t know if it was because Mr. Blevins may have mowed it longer.

Trustee Krajcovic said she drove through the cemetery on the day after Memorial Day and it did look bad. Gute reaffirms that when she drove through the Cemetery the Thursday or Friday before Memorial Day Mr. Blevins was mowing at that time.

Miller’s opinion is to bid the position out. Then you are firing him Gute asked? Miller said no because he is an at-will employee.

Gute asked if any of them had contacted Mr. Blevins regarding the situation. None had. Gute asked if Mr. Blevin’s had been invited to attend the meeting tonight. Miller said no there was no need to do that because Mr. Blevins was an at-will employee.

Attorney Bowne states it would be fair to discuss the issue with Mr. Blevins since he has been an employee for a number of years.

Gute felt it was not fair to Mr. Blevins for a few board members to receive a first time complaint and then fire him without first giving him the opportunity to speak on his own behalf.

Page 7 of 9 - Regular Board Meeting – June 14, 2010

c) Cemetery (cont.): Trustee Archer asked how long it took to have a foundation installed? Gute claims it would depend on when the request is given to Mr. Blevins. Archer claimed it took 6 weeks for hers. It depends on when Kathy gave him the order and in the past there has been problems between the sexton and Mr. Blevins. She felt the board should speak with both the sexton and caretaker.

Consensus of the board was to speak with both the caretaker and sexton. Miller states he is not going bring them both in to pit one against the other. The board could deal with that situation later he said.

Miller remains steadfast in his position that the board should bid the position. Consensus of the board was that Mr. Blevins should be invited to a meeting.

d) Library Board Representative: Moved Trustee Schultz, Second Trustee Archer to appoint Don Smith as the township representative to the Owosso District Library. Ayes: All. Nayes: None.

e) Township Hall Parking Lot: A bid was obtained to do the parking lot at our governmental offices but one has not been received for the parking lot at fire station 2. Chief Johnson suggests that the board wait on station 2 until they get the drain unplugged. No action taken.

New Business:

(Note: Original, a) Chrest Marine: Was addressed earlier under Unfinished Business)

a) Discuss the Dangerous Building Ordinance concerning a house on Simpson Rd: Attorney Bowne will send a letter to the property owner of 4872 W. Simpson Rd. putting them on notice that the house is in violation of the township dangerous building ordinance.

b) Land Ordinance: Resolution Treasurer Cudney, Second Trustee Schultz to accept the introduction of the Amendment to the Owosso Charter Township Land Development Code and adopt the New Official District Zoning Map as the first reading, as follows:

NOTICE OF AMENDMENT TO

OWOSSO CHARTER TOWNSHIP (P-K-A OWOSSO TOWNSHIP)

LAND DEVELOPMENT CODE; AND

ADOPTION OF NEW OFFICIAL DISTRICT “ZONING” MAP

The Owosso Charter Township Board, at a regular meeting held July 12, 2010, adopted at the second reading, amendments to its Land Development Code and Official District Map as follows:

OFFICAL “ZONING” DISTRICT MAP: Due to the official District Map being damaged and hard to read, a new Official “Zoning” District Map is hereby adopted.

Page 8 of 9 - Regular Board Meeting – June 14, 2010

ARTICLE 7: LAND DEVELOPMENT DISTRICTS

Section 7.1 Establishment of Districts.

K. Heavy Manufacturing District M-2.

is amended by deletion of the word, Heavy (a typographical error) and

inserting in its place the word, General.

EFFECTIVE DATE

The foregoing amendment and “new” Official “Zoning” District Map shall be effective

on 10th day of July 2010.

A copy of the Zoning Ordinance, Amendment and Map may be inspected or purchased at the Owosso Charter Township Hall. 2998 W. M-21, Owosso MI 48867. Please call (989) 723-2187 for a time.

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

c) Property Sale – Ardelean Deed and Easement: Moved Trustee Schultz, Second Trustee Krajcovic to authorize Supervisor Miller to sign the warranty deed of conveyance for the sale of approximately 2.06 acres of parcel #006-23-300-001 to Robert and Arlene Ardelean. Roll Call: Supervisor Miller-Yes, Trustee Archer-Yes, Treasurer Cudney-Yes, Trustee Krajcovic-Yes, Trustee Schultz-Yes, Clerk Gute-Yes.

Moved Trustee Schultz, Second Trustee Archer to authorize Supervisor Miller to sign the sign the storm drain and utility easement agreement regarding the sale of approximately 2.06 acres of parcel #006-23-300-001 to Robert and Arlene Ardelean. Roll Call: Supervisor Miller-Yes, Trustee Archer-Yes, Treasurer Cudney-Yes, Trustee Krajcovic-Yes, Trustee Schultz-Yes, Clerk Gute-Yes.

(Note: A copy of the warranty deed and the storm drain utility easement are attached to these minutes)

Payment of Bills: Moved Trustee Krajcovic, Second Trustee Schultz to approve the May 14, 2010 checklist for the payment of bills with the General Fund total amount to be released being $34,999.56 because check 4498 is a replacement check for check #4350 and to hold fire department check #3694 to allow Chief Johnson time to investigate the charges. Roll Call: Clerk Gute-Yes, Treasurer Cudney-Yes, Trustee Schultz-Yes, Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Trustee Campbell-Yes. Cemetery checks – 1001 – 1009, Fire checks 3653 – 3697, General Fund checks 4482 – 4508, Sewer checks 370– 371, T & A checks 2028 – 2029 and Water checks 575 – 578 shall be released for payment.

Page 9 of 9 - Regular Board Meeting – June 14, 2010

Public Comments: Opened @ 9:30 pm. Closed @ 9:40 pm.

Resident Wayne Rozman asked if there would be a tire collection this year.

Resident Dave Dwyer disagreed with the board decision regarding the Maike bill & disagrees with risk management’s requirements of the township.

Resident Mike Thornton also disagrees with risk management.

Board Reports and Comments:

Shed collapsed on township property board should consider its removal before someone gets hurt. Early payoff on Joe Dick property was questioned. Possibility of receiving board meeting packets earlier.

Adjournment: Moved Trustee Schultz, Second Trustee Krajcovic to adjourn at 9:45 p.m. Ayes: All. Nayes: None.

Respectfully Submitted,

Judy K. Gute

Owosso Charter Township, clerk

Danny C. Miller

Owosso Charter Township, supervisor