2009-06-08 Approved

Page 1 of 7—Regular Board Meeting—June 08, 2009

State of Michigan
County of Shiawassee
Charter Township of Owosso

Be it known that the Owosso Charter Township Board of Trustees met in regular session on Monday June 08, 2009 at 7:00 P.M. in the Township Board Room, at 2998 W. M 21, Owosso, Michigan 48867.

Call to Order: Supervisor Miller led the Pledge to the Flag.

Members in Attendance: Roll Call: Supervisor Miller-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes, Trustee Krajcovic-Yes, Trustee Schultz-Yes, Trustee Archer-Yes, Clerk Gute-Yes. Others Present: Attorney Bowne, Fire Chief Greger, Bldg. Administrator Delaney and Assessor Schweikert.

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

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

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

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

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

County/State Rep Comments – None.

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

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

Page 2 of 7—Regular Board Meeting—June 08, 2009

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

Assessor Report: Attached to minutes.

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

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

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

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

Building Report: Attached to minutes.

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

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

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

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

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

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

Page 4 of 7—Regular Board Meeting—June 08, 2009

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


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


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

Communications/Board Comments & Reports:

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

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

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

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


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

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

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

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

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

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


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

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

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

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

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

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

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


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

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

Page 7 of 7 – Regular Board Meeting – June 08, 2009

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

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

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

Respectfully Submitted,

Judy K. Gute
Owosso Charter Township, clerk

Danny C. Miller
Owosso Charter Township, supervisor


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

2009-05-20 Synopsis

Charter Township of Owosso
Minute Synopsis – May 20, 2009
Be it known that the Owosso Charter Township Board of Trustees held a water workshop in open session on Wednesday May 20, 2009 at 6:30 P.M. in the Township Board Room, at 2998 W. M 21, Owosso, Michigan 48867.
Members in attendance: Supervisor Miller, Trustee Campbell,Treasurer Cudney, Trustee Krajcovic, Trustee Schultz, Clerk Gute. Trustee Archer–Absent.
Agenda: None.
Item of Business: Discussion was held and appropriate changes were made to the new municipal water agreement the board had directed the Township Attorney to draft.
Adjournment: 8:27 p.m.
Respectfully Submitted,
Judy K. Gute, clerk
A complete copy of these minutes are available to the public upon request by contacting the clerk @ (989) 725-1709 ext 2.

2009-03-24 Water Workshop

Page 1 of 2—Water Workshop—March 24, 2009
State of Michigan

County of Shiawassee

Charter Township of Owosso

Be it known that the Owosso Charter Township Board of Trustees held a Water Workshop on Thursday March 24, 2009 at 5:30 P.M. in the Township Board Room, at 2998 W. M 21, Owosso, Michigan 48867. The purpose of this meeting was to discuss changes to the water agreement the City of Owosso has proposed to the Township.

Call to Order: Supervisor Miller led the Pledge to the Flag.

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

Other in Attendance: Attorney Lynn Bowne.

Public Comments: None.

Water Workshop Discussions:

20.) Lengthy discussion regarding cost to distribute water. The consensus remained that there would not be double rates. The board chose to delay action regarding #20 of the MOU and #20 of the Agreement until a determination regarding appropriate water rates is finalized according to the Oneida & Grand Ledge lawsuit.

21.) Strike # 21 of the MOU and #21 from the agreement.

22.) Both #22 of the MOU and the agreement will be appropriately merged and footnotes to be added. Properties subject to PA 425 agreements will be addressed in the Franchise Agreement.

22.) Acceptable.

24.) Slight changes to wording

25.) Acceptable

26.) Acceptable

The clerk asked to again review #5 regarding ownership of water meters. She felt the City should not own meters that Township customers purchased. These meters would be part of the Township distribution system and should be owned by the Township.


Page 2 of 2—Water Workshop—March 24, 2009



It will take Attorney Bowne will some time to revise the entire agreement according to the numerous changes the Board requested.

The consensus of the board was to proceed with the Agreement and to begin reviewing maps, establishing ordinances and etc.

Public Comments: None.

Adjournment: Moved Trustee Schultz, Second Trustee Krajcovic to adjourn at 6:55 p.m. Ayes: All. Nayes: None.

Respectfully Submitted,


Judy K. Gute
Owosso Charter Township, clerk



Danny C. Miller
Owosso Charter Township, supervisor


These minutes were approved as printed as corrected on this the ________day

of_______________, 2010.

2009-03-19 Water Workshop

Page 1 of 2—Water Workshop—March 19, 2009

State of Michigan

County of Shiawassee

Charter Township of Owosso

Be it known that the Owosso Charter Township Board of Trustees held a Water Workshop on Thursday March 19, 2009 at 5:30 P.M. in the Township Board Room, at 2998 W. M 21, Owosso, Michigan 48867. The purpose of this meeting was to discuss the water agreement the City of Owosso has proposed to the Township.

Call to Order: Supervisor Miller led the Pledge to the Flag.

Roll Call: Trustee Archer – Yes, Trustee Krajcovic – Yes, Supervisor Miller – Yes, Clerk Gute – Yes, Trustee Schultz – Yes. Trustee Campbell arrived at 5:38 p.m.

Other in Attendance: Attorney Lynn Bowne.

Public Comments: Opened 5:32 p.m. Closed 5:32 p.m.

Kay Lauro asked if the meeting was a public hearing or if it was a workshop for just the board members.

Water Workshop Discussions:

1.) Omit districts. The Agreement to encompass the entire Township. Rewrite Attachment A to reflect this change.
2.) To specifically state that the distribution system, appurtenances and storage currently established in the Township and any future distribution system, appurtenances and storage built in the Township shall be owned by Township.
MOU #2 - Will have a separate franchise agreement. (Need to obtain maps from the City that shows where all City infrastructure is, positioned in the Township).
3.) To be deleted.
4.) Number #4 of the MOU will be merged with number #4 of the Agreement.
5.) Omit districts and state entire, Township. (Request copies of the City Code of Ordinances and rules and regulations). Question regarding Township residents/customers purchasing meters and the City owning them. If the Township went wholesale in the future the City would own all the meters. Prorated was suggested.
6.) Omit districts. The Agreement will include the entire Township. The Franchise Agreement will also address and clarify damage costs.
7.) Omit districts to include entire Township. (Need to obtain copies of City’s Water Utility Ordinances and Water Bond Ordinances). MOU #7 and 9 will be appropriately merged to number 7 and 9 of the water agreement. Per MOU what is the cost of inspections and how often are inspections required if existing wells are retained? Who does inspections?
8.) Eliminate.
9.) Need copies of Michigan State Plumbing Code and the DEQ Rules.
Page 1 of 2—Water Workshop—March 19, 2009
10.) Number 10 of the MOU will be merged with number 10 of the Agreement.
11.) Acceptable.
12.) To be rewritten for better clarification. Concern with how the Township would guard against contamination if the City is managing the system. How would the Township even know? Why would Township be responsible? Concern where it states: If “the Township fails to timely act to isolate said contamination the City shall have right to shut off and terminate service.”
13.) Acceptable.
14.) Eliminate. Also eliminate any portion that addresses this in #14 in the MOU.
15.) Eliminate. This is a repeat.
16.) Consider 50 years. To include automatic renewals. Problem with D. unless it specifically stated that “only the Township could decide to go wholesale.” Concern was the City could make the Township go wholesale before the Township was ready. Should it be necessary to make minor changes to the Agreement prior to a renewal discussions need to start 3 to 5 years prior to the expiration of the Agreement. The reason for this is due to expiration of Board terms.
17.) Acceptable.
18.) Meaning is not clear unless City expects to own Township system.
19.) Eliminate.
20.) The consensus of the audience participants and a majority of the board was that double rates would not be acceptable. A final determination regarding #20 of the Agreement and #20 of the MOU was not reached due to meeting time constraints.

The workshop was closed at this time and will reconvene on Tuesday March 24th from 5:30 p.m. to 7:00 p.m.

Public Comments: Opened at 7:30 p.m. - Closed at 7:35 p.m.

Adjournment: Moved Clerk Gute, Second Trustee Schultz to adjourn at 7:38 p.m. Ayes: All. Nayes: None.

Respectfully Submitted,



Judy K. Gute
Owosso Charter Township, clerk



Danny C. Miller
Owosso Charter Township, supervisor


These minutes were approved as printed as corrected on this the ________day

of_______________, 2010.

2009-04-13 Synopsis

Charter Township of Owosso
Minute Synopsis – April 13, 2009
Be it known that the Owosso Charter Township Board of Trustees met in regular session on Monday, April 13, 2009 at 7:00 P.M. in the Township Board Room, at 2998 W. M 21, Owosso, Michigan 48867.
Members in attendance: Supervisor Miller, Trustee Campbell, Treasurer Cudney, Trustee Krajcovic, Trustee Schultz, Trustee Archer, Clerk Gute.

Items of Business Approved:
a) Agenda
b) 03-09-09 Minutes, 03-19-Minutes and the 03-24-09 Minutes.
c) 02-28-09 Treasurer Report.
d) To purchase a Dell Computer and monitor for the Zoning Office.
e) Permission for Baker College to connect to city water.
f) To conduct a Public Hearing on June 08, 2009 for the purpose of renewing the Ambulance Assessment.
g) Weed Commissioner
h) Board Appointments to the Planning Commission and the Zoning Board of Appeals.
I) Purchase commercial lawnmower for Cemetery for $8,000.
J) Payment of Bills
Adjournment: 9:10 p.m.

Respectfully Submitted,
Judy K. Gute, clerk

A copy of the complete minutes are available to the public upon request by contacting the clerk @ (989) 725-1709 ext 2.

The next regular board meeting will be held on Monday, May 11, 2009 @ 7:00 p.m.

2009-03-09 Synopsis

Charter Township of Owosso
Minute Synopsis – March 09, 2009

Be it known that the Owosso Charter Township Board of Trustees met in regular session on Monday March 09, 2009 at 7:00 P.M. in the Township Board Room, at 2998 W. M 21, Owosso, Michigan 48867.

Members in attendance: Supervisor Miller, Trustee Campbell, Treasurer
Cudney, Trustee Krajcovic, Trustee Schultz, Trustee Archer, Clerk Gute.

Items of Business Approved:
a) Agenda
b) 02-09-09 Minutes
c) 01-31-09 Treasurer Report
d) Support SEDP in the amount of $2,000
e) Contract with Demis & Wenzlick to conduct 2008-09 Audit
f) Amend 2008-09 Budget
g) Payment of Bills

Adjournment: 8:32 p.m.
Respectfully Submitted,
Judy K. Gute, clerk
A copy of the complete minutes are available to the public upon request by contacting the clerk @ (989) 725-1709 ext 2. The next regular board meeting will be held on April 13, 2009 @ 7:00 p.m.

2009-02-09 Approved

Page 1 of 6—Regular Board Meeting—February 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 February 09, 2009 at 7:02 P.M. in the Township Board Room, at 2998 W. M 21, Owosso, Michigan 48867.

Call to Order: Supervisor Miller led the Pledge to the Flag.

Members in attendance: Roll Call: Supervisor Miller-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes, Trustee Krajcovic-Yes, Trustee Schultz-Yes, Trustee Archer-Yes, Clerk Gute-Yes. Others Present: Attorney Bowne, Fire Chief Greger, Bldg. Administrator Delaney, Assessor Steve Schweikert and OCTMMR Manager Jason MacDonald.

Agenda: Moved Trustee Second to approve the agenda with the following additions under Unfinished Business: d) BS&A Online and Under New Business: a.) Place road commission at the beginning of public comments. Ayes: All. Nayes: None. Agenda approved.

Minutes-Previous Meeting: Moved Trustee Archer, Second Trustee Schultz to approve the January 12, 2009 minutes as printed. Roll Call: Clerk Gute-Yes, Trustee Archer-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Treasurer Cudney-Yes, Trustee Campbell-Yes, Supervisor Miller-Yes. The Regular Board meeting Minutes of January 12, 2009 stand as printed.

Moved Trustee Schultz, Second Trustee Krajcovic to approve the February 09, 2009 minutes as printed. Roll Call: Clerk Gute-Yes, Trustee Archer-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Treasurer Cudney-Yes, Trustee Campbell-Yes, Supervisor Miller-Yes. The Budget Workshop Meeting Minutes of February 03, 2009 stand as printed.

Treasurer Report: Moved Trustee Archer, Second Trustee Schultz to accept the Treasurer’s Report as printed. Roll Call: Trustee Archer-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Treasurer Cudney-Yes, Trustee Campbell-Yes, Supervisor Miller-Yes, Clerk Gute-Yes. The December 31, 2008 Treasurer Report stands as printed.

Public Comments: Opened at 7:07 p.m. - Closed at 7:30 p.m. Shiawassee Road Commission Manager Lonnie Latunski.

County/State Rep Comments – Commissioner Stewart update on business before the county commissioners.

Sheriff Department: SCSD Deputy Keith Hansen answered questions and concerns from the public.

Cemetery Report: Attached to minutes.

Assessor Report: Attached to minutes. Resolution to Adopt Poverty Exemption Income Guidelines and Asset Test:

Resolution Trustee Archer, Second Trustee Schultz, Resolved:




Page 2 of 6—Regular Board Meeting—February 09, 2009

WHEREAS, the homestead of persons who, in the judgment of the supervisor and board of review, by reason of poverty, are unable to contribute to the public charges is eligible for exemption in whole or part from taxation under the General Property Tax Act; and
WHEREAS, the township board is required by Section 7u of the General Property Tax Act, Public Act 206 of 1893 (MCL 211.7u), to adopt guidelines for poverty exemptions;
NOW, THEREFORE, BE IT HEREBY RESOLVED, pursuant to MCL 211.7u, that Owosso Charter Township, Shiawassee County, adopts the following guidelines for the supervisor and board of review to implement.

The guidelines shall include but not be limited to the specific income and asset levels of the claimant and all persons residing in the household, including any property tax credit returns, filed in the current or immediately preceding year.To be eligible, a person shall do all the following on an annual basis:1) Be an owner of and occupy as a homestead the property for which an exemption is requested. 2) File a claim with the supervisor or board of review, accompanied by federal and state income tax returns for all persons residing in the homestead, including any property tax credit returns filed in the immediately preceding year or in the current year. 3) Produce a valid drivers' license or other form of identification if requested. 4) Produce a deed, land contract, or other evidence of ownership of the property for which an exemption is requested if requested. 5) Meet (the federal poverty income guidelines as defined and determined annually by the United States Office of Management and Budget OR the current poverty income guidelines adopted by the township board). 6) Meet additional eligibility requirements as determined by the township board, including: BE IT ALSO RESOLVED that the board of review shall follow the above stated policy and federal guidelines in granting or denying an exemption, unless the board of review determines there are substantial and compelling reasons why there should be a deviation from the policy and federal guidelines and these are communicated in writing to the claimant.The foregoing resolution offered by Board Member Archer and supported by Board Member Cudney.Upon roll call vote, the following voted Aye: J. Campbell, D. Krajcovic, J. Cudney, J. Gute, D. Miller, J. Archer, G. Schultz. Nay: None.
The Supervisor declared the resolution adopted.I, Judy K. Gute , the duly elected and acting Clerk of Owosso Charter Township, hereby certify that the foregoing resolution was adopted by the township board of said township at the regular meeting of said board held on February 09, 2009, at which meeting a quorum




Page 3 of 6—Regular Board Meeting—February 09, 2009

was present by a roll call vote of said members as hereinbefore set forth; that said resolution was ordered to take immediate effect.

Note: A copy of the Federal Poverty Guidelines, Asset Test and Application are attached to these minutes.

Fire Report: Attached to minutes. The department responded to thirteen (13) alarms in January. Moved Trustee Krajcovic, Second Trustee Schultz to direct Chief Greger to obtain quotes for 12 pagers. Ayes: All. Nayes: None.

Ambulance Report: Attached to minutes. Responded to forty-two (42) medical calls for the month of January 2009.

Building Report: Attached to minutes.

Unfinished Business:

a.) Planning Commission Resignation: Moved Trustee Schultz, Second Clerk Gute to accept the resignation of Planning Commission member Jeremy Dwyer. Ayes: All. Nayes: None. Planning Commission Nomination: Moved Trustee Archer, Second Treasurer Cudney to appoint Larry Jones as a member to the Owosso Charter Township Planning Commission. Ayes: All. Nayes: None.

b.) Set date for Annual Meeting: Moved Trustee Krajcovic, Second Trustee Schultz to hold the Annual Meeting on Saturday March 14, 2009 at 8:00 a.m. Ayes: All. Nayes: None.

c.) Owosso Redi Mix: Attorney Bowne presented an update in regards to the lawsuit.

d.) BS&A Online: Moved Treasurer Cudney, Second Trustee Schultz to authorize and direct Treasurer Cudney to sign up with the free BS&A Online tax and assessing service and allow BS&A to collect $2.00 per hit. Ayes: All. Nayes: None.

New Business:

b.) SEDP-Justin Horvath: Requesting that the Township support SEDP in the coming fiscal year.

C.) Budget Submission/Adoption:

Ambulance Fund: Moved Trustee Krajcovic, Support Trustee Schultz to Adopt the Proposed 2009-10 Ambulance Budget with revenues and expenditures totaling $183,040.00. Roll Call: Trustee Campbell-Yes, Treasurer Cudney-Yes Supervisor Miller-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Clerk Gute-Yes, Trustee Archer.

Cemetery Fund: Moved Treasurer Cudney, Support Trustee Campbell to Adopt the Proposed 2009-10 Cemetery Budget with revenues and expenditures totaling $30,310.00. Roll Call: Treasurer Cudney-Yes, Trustee Archer-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Supervisor Miller.

Fire 1 Mil Fund: Moved Trustee Schultz, Support Trustee Archer to Adopt the Proposed 2009-10 Fire 1 Mil Budget with revenues and expenditures totaling $1,155,600.00. Roll Call: Supervisor Miller-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Treasurer Cudney- Yes., Trustee Archer.

Fire 1/2 Mil Fund: Moved Trustee Krajcovic, Support Clerk Gute to Adopt the Proposed 2009-10 Fire ½ Mil Budget with revenues and expenditures totaling $243,700.00. Roll Call: Trustee Schultz-Yes, Trustee Krajcovic-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes, Supervisor Miller-Yes, Trustee Archer-Yes.

General Fund: Moved Trustee Campbell, Support Trustee Schultz to Adopt the Proposed 2009-10 General Fund Budget with revenues and expenditures totaling




Page 4 of 6—Regular Board Meeting—February 09, 2009

$1,275,800.00. Roll Call: Clerk Gute-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes, Supervisor Miller-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Trustee Archer-Yes.

Sewer Fund: Moved Trustee Schultz, Support Treasurer Cudney to Adopt the Proposed 2009-10 Sewer Fund Budget with revenues and expenditures totaling $1,164,000.00. Roll Call: Clerk Gute-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes, Supervisor Miller-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Trustee Archer-Yes.

Water Fund: Moved Trustee Krajcovic, Support Trustee Archer to Adopt the Proposed 2009010 Sewer Fund Budget with revenues and expenditures totaling $138,400.00. Roll Call: Trustee Campbell-Yes, Treasurer Cudney-Yes, Supervisor Miller-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Clerk Gute-Yes, Trustee Archer-Yes.

d.) Discussion of Water Contract:

Discussion was held in regards to the proposed water agreement drafted by the City of Owosso. Wherein, the City has determined the size of three (3) water districts within the Township that they would sell water to. Supervisor Miller stated that Trustee Schultz and Trustee Krajcovic were two competent Board representatives that did a wonderful job negotiating this contract with the City.

Trustee Archer felt it was a good agreement because the fire department would continue to rent fire hydrants from the City and not have to pay for the use of water to fight fires. Resident Paul Kruger stated everyone in the Township would want this agreement even though everyone knows they may never receive water. Asst. Chief Dave Johnson thought it was a good idea because it was a start. State Rep. Richard Ball stated he had some involvement with the negotiations and felt the agreement was a win, win situation.

After much discussion, Trustee Schultz felt since prior Supervisor Gute helped negotiate the contract that it was a good contract. Clerk Gute stated that is not the case. The prior Supervisor did the best he could, negotiating with the City. However, the prior Supervisor said he would not approve the contract.

Moved Clerk Gute, that because it has taken 30 years to negotiate a water contract with the City there was no hurry and; because some language in the contract was not beneficial to the Township and; because this is a 20 year contract that the Board hold a special water workshop after the annual meeting. Supervisor Miller did not acknowledge the motion and continued to state what a great job the two (2) trustees had done negotiating.

Clerk Gute did not agree with the City forcing the Township to invest $100,000 within three (3) years in district 3 when the City has collected double water rates for the maintenance and repairs to that district for well over 16 years now and claim they never made enough to upgrade those lines in that time frame. Yet the city has never paid the Township 25% of the double water rate collections they made from that district either. Attorney Bowne agreed that paragraph 14 was a mandatory obligation but the intent was not clear.

Clerk Gute read #2 of the Memorandum of Understanding and informed the Board that she had spoken with an MTA attorney about this. The attorney advised that the Township





Page 5 of 6—Regular Board Meeting—February 09, 2009

needed to have a franchise agreement in regards to the infrastructure the City has placed in the Township. He also said the city should not have crossed Township borders (right of ways) without Township knowledge or without an agreement.

Resident Larry Jones had concern with double water rates. This is the first he has heard that
Township customers would be charged double rates. He had concern if the City were to raise their water rates like Detroit did to Flint.

Clerk Gute stated that was one of her reasons for contacting an MTA attorney. The MTA attorney stated there was no reason for a City to charge a Township double water rates if the
City is making money off water that traverses through a Township. The water tower and loop the City placed in the Township is integral to the City system. Therefore, there is no reason for the City to charge double rates to Township residents.

Gute stated she recently found where the city had connected Township businesses to water without Township knowledge. Since the city did this without Township knowledge the Township has not received any revenue in return either. Owosso Utilities Director Gary Burke stated those businesses wanted water and that was just part of doing business. But the City had no right to do that without coming to this Board first, said Gute.

Resident William Kilburn stated he felt it was a good contract and that the City had probably come before the Board and asked to cross borders. Clerk Gute offered the names of businesses that the city has connected water to over the past two years and asked Board members if they recall the City ever coming before the Board prior to the connections. They had not.

Clerk Gute stated the MTA attorney advised that the Township obtain a map of where all City infrastructure and water connections were located in the Township. If the Township did not do that the Township would never know the exact boundaries of each district. Nor, would the Township know if they were collecting 25% back on everything. Gary Burk said he would furnish the Board with copies of such map.

The clerk inquired whether the City had wells in the Township south of Hopkins Lake or on the former O’Dell property. Gary Burk said no. The clerk informed the board if the contract were signed and the Township ever needed access to their own right of ways that City pipes could very well be in the way.

Trustee Archer stated there were two competent people from the Board that negotiated the contract and he felt they did a good job. Clerk Gute reminded Archer that he worked for the city too, but tonight he is supposed to work for the Township and she did not feel it was fair to the other Board members who just received the agreement not to have a say in this. This makes it sound like the rest of the Board is considered incompetent. Archer stated he did not mean it to sound that way.

Supervisor Miller stated this was only an open discussion tonight and the Board will vote Yes or No on the agreement at the March meeting. Clerk Gute reminded Miller that she had a motion on the floor to hold a special workshop. Again Supervisor Miller would not acknowledge her motion and stated what a good job the two trustee’s did negotiating and the Board should trust their judgment.

Clerk Gute asked why the Board would vote on the agreement without allowing the Township Engineer to review it first. The consensus of the Board was to contact Tom Newhoff to have him review the agreement and report his findings.




Page 6 of 6—Regular Board Meeting—February 09, 2009

Kay Lauro stated the Township has been working on a water agreement for 30 years, this committee of 3 has been working on it for 4 years, it is a 20 year agreement and it is not reasonable not to allow the other Board members enough time to get comfortable with it.

Not an Agenda Item: Phone Township Building/Zoning Administrator: Discussion was held in regards to furnishing a cell phone for Building Administrator Delaney. Clerk Gute felt it would be better for the township to consider a phone allowance. Supervisor Miller stated that Mr. Delaney doesn’t do much anymore regarding his personal business and therefore would not be using his phone for personal business. Moved Trustee Archer, Second Treasurer Cudney to authorize and direct the Township to pay for any and all cell phone bills and to include paying for any additional minutes over and above the 450-minute limit for one (1) year. Roll Call: Trustee Campbell-No, Treasurer Cudney-Yes, Supervisor Miller-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Clerk Gute-No, Trustee Archer-Yes.

e.) Wage Resolutions 2009-10: Resolved Trustee Schultz, Second Trustee Archer to keep the salaries of the Supervisor and the Trustees at the current rate and to retain the current rate for the Treasurer and Clerk unless the members of the public vote for an increase for them at the Annual Meeting. Ayes: All. Nayes: None.

f.) Weed Bid Notice: Clerk to place bid in the paper in March.

g.) Planner/Calendar Updates: Moved Trustee Krajcovic, Second Trustee Schultz to adopt the 2009-10 Planner/Calendar. Ayes: All. Nayes: None.

Payment of Bills: Moved Trustee Schultz, Second Trustee Archer to accept the Febrary 09, 2009 checklist as printed and to release all checks. Roll Call: Treasurer Cudney-Yes,
Trustee Schultz-Yes, Clerk Gute-Yes, Trustee Krajcovic-Yes, Trustee Campbell-Yes, Trustee Archer-Yes, Supervisor Miller-Yes.

Cemetery checks 878-884,

Fire checks 3138-3166,
General Fund checks 4000 – 4023,

Sewer checks 334 – 335,

T & A checks 1965-1968 and

Water checks 524 – 525 shall be released for payment.

Public Comments: Opened at 10:27 p.m. – Closed at 10:27 p.m.

Communications/BoardComments/Reports:

Clerk Gute commented that Board committee appointments ended November 20, 2008 and OCTMMR Manager would like to meet with the Sub Committee.

Trustee Miller said he kept all committees the same and that the Sub Committee would continue to consist of Trustee Campbell, Trustee Krajcovic and Clerk Gute.

Clerk Gute felt Trustee Campbell needed to be reappointed to the Z/P Commission and she would need to be reappointed to the ZBA (by vote).

Adjournment: Moved Trustee Schultz, Second Trustee Campbell to adjourn at 10:32 p.m. Ayes: All. Nayes: None.

Respectfully Submitted,



Judy K. Gute Danny Miller
Owosso Charter Township, clerk Owosso Charter Township, supervisor



These minutes were approved as printed as corrected on this the ________day

of_______________, 2009.