2009-11-09 Minutes

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)

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.

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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.

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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

2009-10-12 Minutes

Page 1 of 7 -Regular Board Meeting-October 12, 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 October 12, 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- Absent (work related - will be late), Treasurer Cudney-Yes, Trustee Krajcovic-Yes, Trustee Schultz-Yes, Trustee Archer- Absent (business related), Clerk Gute-Yes. Others Present: Attorney Bowne, Fire Chief Greger, Bldg. Administrator Bob Delaney and OCTMMR Manager Jason MacDonald.

Agenda: Moved Trustee Krajcovic, Second Trustee Schultz to add under "New Business" item "c) Mid County Meeting – Update" – 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.

Minutes-Previous Meeting: Moved Trustee Schultz, Second Treasurer Cudney to correct the last sentence on page 8 and the first 3 paragraphs on page 9 to read as follows under:

"New Business: (Note: Per Audio Tape)

a) Dewey Road Drain: Supervisor Miller stated Mike Constine did some drain work on a drain that goes into the Dewey drain along Ruess Rd. Drain commissioner Tony Newman called Supervisor Miller at that time and said we can do this, the road is going to be fixed. There were only two board members in town at that time and I wanted to know what was going on. He then called Lonnie Latunski. Miller then called Mr. Newman back and told him to hang on he would check what we allocated for our drains" - and to accept the remainder of the September 14, 2009 minutes as printed. Roll Call: Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Treasurer Cudney-Yes. The September 12, 2009 minutes stand as corrected.

Treasurer Report: Moved Supervisor Miller, Second Trustee Krajcovic to accept the August 31, 2009 Treasurer’s Report as printed. Roll Call: Trustee Schultz-Yes, Treasurer Cudney-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes.

Public Comments: Opened at 7:08 p.m. - Closed at 7:10 p.m.

Resident Mike Thornton observed a mud-bog event being conducted on S. Delaney Road at the Matt Siminski residence. He felt it unfair that everyone in the township must follow

Page 2 of 7 - Regular Board Meeting-October 12, 2009

ordinances except Mr. Siminski. He questioned whether anything is going to be done about the activity on this property. Also, some time ago he asked Administrator Delaney to provide him with copies of all the permits pulled by Mr. Siminski and to date he has not received them. Administrator Delaney claimed he has had the copies ready for Mr. Thornton since July though Mr. Thornton has not ever picked them up. Attorney Bowne stated a letter to cease and desist the mud-bog events was sent to Mr. Siminski some time ago. However, Mr. Siminski is able to apply for a conditional use permit and continue to run the events under conditions.

Sheriff Dept./County/State Rep Comments – SCBOC Henrietta Sparks – The commissioners foresee a 2 million dollar decrease in revenue in the next fiscal year budget. They have asked all county departments to reduce their budgets. The sheriff department evidence lot has been moved to a better location. She has asked for the removal of the Veterans Affairs Committee Chairman.

Note: Trustee Campbell arrived. It is now 7:20 p.m.

SCSD – The sheriff department handled 206 incidents during the month of August 2009, 172 incidents for the month of September 2009 for a total of 1282 YTD incidents. Several catalytic converter thefts have taken place in the township. The department is working with the Internet Crime Complaint Center. The web site is www.lookstogoodtobetrue.com. An Attorney General opinion in regard to "Private property traffic enforcement" can be found at http://www.ag.state.mi.us/opinion/datafiles/2000s/op10214.htm. The department is seeking information in regard to "Neighborhood Watch Group Leaders" and seeking copies of Peddler Ordinances from each township that has such an ordinance in place.

Cemetery Report: Attached to minutes. No activity/No income.

Assessor Report: Attached to minutes.

Fire Report: Attached to minutes. Responded to thirteen (13) alarms during the month of September 2009. A case of H1N1 was reported at Bryant School today.
Discussion: Per Asst. Chief Johnson the firemen want to know the protocol the board wants them to follow regarding who should be billed when it becomes necessary for them to use heavy equipment and etc. services at a fire scene. Supervisor Miller felt the fire department should pay the cost of such because 1½mils is collected for fire related purposes. Clerk Gute felt the need for heavy equipment was above and beyond the normal fire that millage is collected for. She asked if anyone told Mr. Siminski to turn the bill into his insurance company in that they would reimburse the fire department. No one knew.

Concern was if there was a need to call for heavy equipment, Young Environmental or etc. it would be very costly to the department. More so if it happened very often!

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Due to the economic conditions a lot of people are not purchasing homeowners insurance that would have normally paid for such costs. Gute has received phone calls from businesses wanting to bid on such jobs. Supervisor Miller advised they couldn’t very well bid on it in the middle of the night when the need arises. Gute explained the board would take bids now (a call list would be created). Right now a business could charge whatever they wanted when called. Consensus of the board was that some provisions should be looked at.

Ambulance Report: Attached to minutes. Responded to forty eight (48) medical calls during the month of September 2009.

Building Report: Attached to minutes. Two (2) Electrical permits, one (1) Mechanical permit and; two (2) Building permits were receipted for the month of September 2009 for a total of $777.00. Administrator Delaney has mailed out several violation notices. Inquiry was made about getting the yard cleaned up and the basement wall fixed at 3189 W. M 21. The neighbors are tired of looking at it. Concern was whether the house was structurally sound with half the basement walls missing. Administrator Delaney will contact the homeowner again.

Unfinished Business:

a) Water Contract Update:

Supervisor Miller reports the Intergovernmental Committee met with the city a week ago and discussed the water contract. Though there are still some fine points and some fuzzy points but he believes they are very close, maps of city infrastructure in township has been provided and we are just waiting for copies of the bills to come in. He states they talked about the fire hydrants in that our own fire department or utility authority could do the maintenance on them and the city is interested in purchasing the township water tower. He feels it is time for the board to send the contract to another attorney of choice for a second opinion.

Attorney Bowne states Engineer Tom Newhoff suggests using one of three law firms. They are Bauckham Sparks Rolfe Lohrstorfer and Thall in Kalamazoo, Scholton Fant in Ottawa County or Milks and Myers in Kent County. However, Tom states John Bauckham probably done the most in Kalamazoo and of course he is obviously the most township oriented because of his connection with MTA.

Bowne further states the Supreme Court finally acted on the Oneida/Grand Ledge case. The substance of the ruling is that Grand Ledge and other municipalities that are selling water have the ability to charge double rates.

Clerk Gute had contacted Attorney Bill Fahey in regard to the Oneida and Grand Ledge Water Rate lawsuit and proceeded to read Attorney Fahey’s written response regarding the case:

Page 4 of 7 – Regular Board Meeting - October 12, 2009

"Despite the result in this case, I hope you are not considering paying double or even 1.5 times water rates to the City. The Oneida case was somewhat unique because it involved an old water agreement that was entered into back before 1982 when the old statute expressly allowed double water rates. All the Supreme Court order effectively means is that the new statute does not automatically overturn the rates set by the old water agreement.

If you are looking at a new water agreement, even though the statute does not apply, there is still a lot of case law holding that a city cannot charge higher rates outside the city unless those higher rates are based on higher costs to serve residents outside the city. An arbitrary 2x or 1.5x rate factor is not reasonable under applicable case law unless it can be substantiated based on higher costs. Please let me know if you need any more information about this." – Bill Fahey
Gute states PA 34 of 1917 and the Excerpt of this Act that that went into effect in 1982 is what was used in this case.

Attorney Bowne states what Bill Fahey is saying is there is an opportunity for litigation on this on newer cases. Supervisor says again we will talk because one of my comments to the city was that he imagined that they would charge us double the rates. Rates will always be a concern but others are doing it and they are doing okay.

Supervisor Miller would like to see a motion that the board take the last contract made by Lynn to an attorney as Trustee Krajcovic wanted. He does not know if the board wants to pick the attorney or they would rather go by Lynn’s recommendation though felt we are ready for the second opinion and the negotiating team would still go back for further talks with the city.

Gute states the entire board has not even seen the changes from the most recent talks. She felt both municipalities should agree to it before the township requests a second opinion. Miller says no but it’s like the city is negotiating by them selves.

Trustee Campbell states she wants to make a comment on the statement Supervisor Miller had just made about people living with double rates and it’s okay. It’s not okay she said. Campbell asks Miller if he was still going to talk to the city about not charging double rates to protect our people in the township. Miller said he would do that but if they can give you the cost analysis of what this will cost to deliver that …there you go.

Gute asks if a franchise agreement had been drafted. Miller asks Gute if she was suggesting she wanted a franchise agreement where the city would pay us to deliver water. Yes, it keeps our rates lower said Gute. Why would the city do that asked Miller. Because they are circulating water through our township to serve their people said Gute.

A franchise agreement is the same as a contract, it gives them the right to build things said Miller.

Page 5 of 7 - Regular Board Meeting-October 12, 2009

You have a franchise to get the cheaper rates and if the township were to ever build their own system city pipes are in our way said Gute. You can see on there (pointing to map) they have pipes in our township that go to their water tower.

Attorney Bowne asks supervisor Miller if he had gotten an answer from the city as to whether they are going to accept the contract without any changes because there were a lot of changes made to the contract. Miller said when he sat there they were happy with it he did not hear anything negative on it. Trustees Schultz and Krajcovic didn’t here anything negative either. However, Krajcovic said she doesn’t think their council had seen it yet either.

Bowne said he was surprised there wouldn’t be some changes but felt the city needed to come back with rates. It would be wonderful if they came back with the same rates they charge their own people. We don’t know yet what their decision is going to be on the rates but what clerk Gute is saying is that some leverage is there to make sure the rates are fair because they are circulating water through the township said Bowne.

Trustee Krajcovic felt perhaps we should wait until we hear back from the city because we wouldn’t want to have our third party to have to look at it two or three times. Gute felt until everyone agrees. Supervisor Miller will contact the city right away and see if he can get something set up.

Gute remains concerned with the hydrant rent, a franchise agreement on city infrastructure and the lien portion of the contract and says she would seriously consider not selling the water tower because the township may need that extra boost out on N. M 52 for fire suppression.

Trustee Schultz couldn’t see keeping the tower because it was going to sit there and rust and deteriorate and sit there empty. But we will need a water tower on N. M52 for fire suppression and in talking to Engineer Tom Newhoff he said it was worth it to put it there. Oh he did, said Schultz. Yes, Gute said. I can’t imagine what it would cost said Krajcovic. Tom said you’d be surprised who would want the tower and asked what did the city plan to do with it. Schultz didn’t know, probably for scrap metal. Then why wouldn’t we do that asked Gute.

Trustee Krajcovic states the rest of the board does not have a copy of the contract that reflects the changes from the recent discussions. Supervisor Miller states he has extra copies and will put them in their mailboxes and thanks the board for the good points. He will contact Mr, Fivas.
Gute reminds the board that if the agreement were signed today township costumers would not be able to connect until all ordinances, price guidelines and etc were in place. She felt a subcommittee should be appointed to start working on those so that township customers could start connecting as soon as an agreement was signed.

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Krajcovic recaps the discussion. So we’re going back to the city now and work out the ruff areas and the rest of the board needs to have this agreement and get comfortable with it. Then have their questions and then all these questions go to the third party right? You would then be calling for another water workshop or do it right here asked Miller. Krajcovic feels it could be done during a regular meeting because there was not that much to hammer out yet and it was unfortunate that Jayne, June and Judy haven’t seen this yet. Then if they find something they can give it to us and we can bring that to the city’s attention. Supervisor Miller agreed.

b) Fire Hall #1/Township Hall: The consensus of the board was that now was not the time to build a new Fire Station #1. It was decided that if the board did the necessary repairs now, those repairs would be salvageable and would be used in a new Fire Station #1 when the time was right to do so. Moved Clerk Gute, Second Trustee Krajcovic to place and advertisement in a local newspaper seeking bids to repair Fire Station #1. Roll Call: Treasurer Cudney-Yes, Trustee Schultz-Yes, Clerk Gute-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes. The board would need to compile a needs not wants list for bidders to review. Assistant Chief Johnson said he would get with the firemen to compile the needs list for the board.

c) Fire Hall #2 – snow and ice jams: Discussion: Ice and snow build up on new Fire Station #2 is bad. Some eaves troughs have been torn off the building because of this and someone could get hurt real bad if they get hit with a chunk of ice. Moved Trustee Schultz, Second Trustee Krajcovic to authorize and direct Supervisor Miller to obtain 2 or 3 bids for the purpose of repairing/replacing the eaves troughs, installing vestibules at the two (2) north side service entry doors and to install heat tape on the roof of new Fire Station #2 and to authorize Supervisor Miller to hire the person(s) to complete the jobs. Roll Call: , Clerk Gute-Yes, Treasurer Cudney-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes.

d) Mason Rd House: Tom Ardelean was hired as the dangerous building hearing officer to inspect the home at 1815 Mason Road. A hearing was conducted on October 10, 2009. The new owner of this home was finally located and did attend the meeting. The inspection found the house in need of immediate repairs. However, the house was found to be structurally sound and could be repaired if the owner chose to do so. Stipulations were set in regard to the repairs and the time to complete them. Administrator Delaney drove by the house prior tonight’s meeting and was amazed at how much they gotten done over the weekend.

e) Cemetery Update: Trees have been marked for removal in the cemetery and the road is ready to put in. Bids will be sought. Constine Gravel Co. bid will be reviewed again regarding the road. The caretaker submitted letters to the clerk and supervisor in regard to people taking dirt off the dirt pile, junk being placed on the wood burn pile and that the water will be turned off on October 14, 2009.

New Business:
Shiawassee County United Way – Charles Dahl: Not in attendance.

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b) Shiawassee Regional Chamber of Commerce–Renita Mikolajczyk: Not in attendance.

c) Mid County Meeting-Update: Clerk Gute inquired about an editorial placed in the newspaper by Burton Fox. Wherein, Mr. Fox states "when city manager Joe Fivas was questioned about the status with MMR, Mr. Fivas’ response was "they are meeting with the other three governmental bodies in the near future and will find out what they might be doing concerning this". Gute wanted to know what Mr. Fivas meant by saying that because the township already contracts with MMR.

Supervisor Miller thought that Burton might have his wires mixed up a little bit because nothing came out of that meeting where Jason would meet with anybody nor would this township meet with anybody. Nothing came out of that meeting so Miller does not know where Burton got his info.

Payment of Bills: Moved Trustee Krajcovic, Second Treasurer Cudney to accept the October 12, 2009 checklists as printed and to release all checks. Roll Call: Treasurer Cudney-Yes, Trustee Schultz-Yes, Clerk Gute-Yes, Trustee Krajcovic-Yes, Trustee Campbell-Yes, Trustee Archer-Yes, Supervisor Miller-Yes. Cemetery checks – 939 - 943, Fire checks 3389 – 3410, Fire 2 check 134, General Fund checks 4245 – 4271 (void checks 4265 and 4266), Sewer checks 351 - 352, T & A checks 1997 - 1998 and Water check 546 shall be released for payment.

Public Comments: Opened at 9:06 p.m. – Closed at 9:11p.m.

Resident Marvin Britton questions what is going on with Redi Mix. Supervisor Miller states nothing. Mr. Britton states he is ready to go to court. Miller says there was nothing to go to court for. Mr Britton asks what about the wall. Miller acknowledges that Mr. Ardelean was still going to clean out in front of the wall and plant trees yet. Danny you sat right at my dinning room table and said you would take care of it and now I’m ready to go to court. Miller states he would get with Marv. Trustee Krajcovic informed Mr. Britton that he could take it to court himself.

Communications/Board Comments & Reports:
Shiawassee County Chapter MTA Annual Dinner – November 17th.

New chairs purchased for 911 dispatchers.
Airport Board purchased new snowplow truck.
Attorney Bowne and Administrator Delaney will handle the Imarino F.O.I.A.
Insurance carrier Mid West Claims sent a letter to McLane Foodservice stating the Owosso Charter Township Fire Department was not liable for property damage claims per Michigan No Fault Law 500.3123.

Adjournment: Moved Trustee Schultz, Second Trustee Krajcovic to adjourn at 9:18 p.m. Ayes: All. Nayes: None.

Respectfully Submitted,

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

2009-09-14 Minutes

Page 1 of 10 -Regular Board Meeting-September 14, 2009

State of Michigan

County of Shiawassee

Charter Township of Owosso

Be it known that the Owosso Charter Township Board of Trustees met in regular session on Monday September 14, 2009 at 7:00 P.M. in the Township Board Room, at 2998 W. M 21, Owosso, Michigan 48867.

Call to Order: Supervisor Miller led the Pledge to the Flag. Moment of silence for the recent shooting victims was observed.

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

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

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

Treasurer Report: Moved Trustee Archer, Second Trustee Schultz to accept the July 31, 2009 Treasurer’s Report as printed. Roll Call: Trustee Schultz-Yes, Trustee Campbell-Yes,
Treasurer Cudney-Yes, Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes.

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

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

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

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

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

Sheriff Department: None at this time

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

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

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

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

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

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

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

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

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

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

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

Streetlight Assessment Hearing / Keifer St.

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

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

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

Moved Trustee Krajcovic, Second Trustee Schultz to equally assess approximately $154 per year to the property owners on Keifer St for the streetlight located at the corner of Chestnut St and Keifer St. Roll Call: Trustee Archer-Yes, Trustee Krajcovic-Yes, Supervisor Miller-Yes, Clerk Gute-Yes, Trustee Schultz-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes.

b) Water Contract: (Note:Per Audio Tape) Supervisor Miller: We’re sitting here for a number of months and we’re paralyzed. We’ve had three (3) tentative agreements. We have an industrial park that wants water. We have other businesses that want water. We have apartment complexes that want water. We may have Mobile Home Parks that want water. We know Baker College wanted water. ETC. ETC. Cider Mill Apartments, Bruce Stern has called numerous times he has a mobile home park on S. 52. Residents from Ardelean

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

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

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

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

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

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

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

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

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

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

Gute: We already did that in the minutes.

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

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

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

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

Cudney: Who’s the team.

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

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

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

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

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

Miller: Where.

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

Miller: And that was mine.

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

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

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

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

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

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

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

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

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

Archer: You’re just asking for clarification.

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

(Inaudible)

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

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

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

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

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

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

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

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

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

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

Krajcovic: Are we going to have a roll call.

Campbell: I need to hear that motion again.

Cudney: Read the motion.

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

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

Schultz: If the board accepts it.

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

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

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

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

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

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

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

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

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

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

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

New Business: (Note: Per Audio Tape)

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

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

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

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

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

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

Payment of Bills: Moved Trustee Krajcovic, Second Treasurer Cudney to accept the September 14, 2009 checklists as printed and to release all checks. Roll Call: Treasurer Cudney-Yes, Trustee Schultz-Yes, Clerk Gute-Yes, Trustee Krajcovic-Yes, Trustee Campbell-Yes, Trustee Archer-Yes, Supervisor Miller-Yes. Ambulance check 1363, Cemetery checks – 931 - 938, Fire checks 3347 – 3388 (3383 void), Fire 2 check 132 – 133, General Fund checks 4219 - 4244, Sewer checks 348 - 350, T & A checks 1993 - 1996 and Water checks 542 - 545 shall be released for payment.

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

Marvin Britton complains about Owosso Redi Mix.

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

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

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

Respectfully Submitted,




Judy K. Gute
Owosso Charter Township, clerk




Danny C. Miller
Owosso Charter Township, supervisor

2009-08-10 Approved w/changes see Sept

Page 1 of 10-Regular Board Meeting-August 10, 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 August 10, 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 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 OCTMMR Manager Jason MacDonald.

Agenda: Moved Trustee Schultz, Second Trustee Archer to accept the agenda as printed with the addition of “A.) Dangerous Building Ordinance regarding 1815 Mason Rd.” and “B.) Cemetery Road” under New Business. AYES: All. Nayes: None.

Minutes-Previous Meeting: Discussion: Clerk Gute asked if the July minutes reflect the correct price agreed upon for the cemetery fence. Moved Trustee Schultz, Second Trustee Archer to correct the price of the cemetery fence item C.) page four (4) to $4,200 and to approve the 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.

Treasurer Report: Moved Trustee Archer, Second Clerk Gute to accept the June 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.

Public Comments: Opened at 7:06 p.m. - Closed at 7:08 p.m.

Maury Shattuck – Emery Pratt is interested in municipal water and wishes to connect A.S.A.P.
Harold “BUCK” Kuisel (R-Bath Twp.) announced his candidacy for 85th District State House of Representatives and gave a brief outline of his tax plans for Michigan if elected.

County/State Rep Comments – None.

Sheriff Department: SCSD – Per Sheriff Braidwood the county will continue to send monthly incident reports to the townships though a Deputy will only attend board meetings quarterly.

Cemetery Report: Attached to minutes. One (1) foundation repair and one (1) burial. Total income for July 2009 was $450.

Page 2 of 10-Regular Board Meeting-August 10, 2009

Assessor Report: Attached to minutes.

Fire Report: Attached to minutes. Responded to six (6) alarms during the month of July, 2009. Moved Trustee Schultz, Second Treasurer Cudney to allow the firemen to take a fire truck to the Shiawassee County Fair on Friday August 14th. Ayes: All. Nayes: None.

Ambulance Report: Attached to minutes. Responded to, Forty-Six (46) medical calls during the month of March 2009.

Building Report: Attached to minutes. Four (4) Electrical, 2 Mechanical and 2 other permits were issued during the month of July 2009. Total income was $901. Administrator Delaney continues to work on getting Mr. Leaf at 3189 W. M21 to finish his basement and get his yard cleaned up. This has been an ongoing issue for the past year now.

Unfinished Business:

A.) WATER CONTRACT UPDATE: Discussion:

Bowne: Remove the words “water system” on Page 4, Paragraph/Number 11, Second (2nd) Sentence.

Note: Additional typo errors are addressed.

Archer: On the same page (4), paragraph/number 10, 4th sentence down I am not comprehending the idea there. It says “all specifications, construction methods and installations of water mains, taps service connectors, fittings, meters, and other appurtenances of the water distribution system in the districts shall comply with all City standards, specifications, and all rules and regulations from time to time in effect for the distribution system in the city; and all rules and regulations of City”. The “time to time” throws me.

Bowne: What happens is when Federal requirements come in you will come back and amend city ordinances. Sometimes you will come to the utility authority and have them update their ordinances too because we have changes in Federal Standards. I’m sure that’s what he’s meaning. There will be ordinances regarding water that will have to be amended from “time to time”.

Archer: So after rules, and regulations there probably should be a comma.

Bowne: That would be a good idea.

Miller: Page 7, number 18. Is that all 18 or should 18 be switched.

Bowne: Are you talking about the Memorandum or…

Page 3 of 10—Regular Board Meeting—August 10, 2009

Miller: No, I’m talking still contract. Or, is that the Memorandum I’m looking at? It might be the Memorandum I’m looking at.

Bowne: If it’s the Memorandum then we have to switch that.

Gute: I’m back on page 7, fire hydrants. It states we will pay $108 per hydrant. My concern is we pay for 21 hydrants right now which is $2000 and some per year. The Township Water Project placed hydrants every four (4) hundred feet. If the Township installed 1000 hydrants it would cost the residents $108,000 per year. Our fire department would go broke. I just think we should have a flat rate. Whether we take care of our own hydrants and give them something for the water use and have our utility authority take care of them or something. I just think this could be a lot of money.

Bowne: Maybe if you buy water maybe that price for hydrants would go down.

Miller: We can’t do that until we get this contract signed and then go over there and sit down with them again and because again, our township is going to finance the distribution of our system improvements through special assessment proceedings. And again I reiterate the city cannot do that only this township board can do that with input from our residents and therefore, the city is going to provide that service under that agreement. But that agreement can be modified like we just said on this $108 per hydrant/per year. We buy water ladies and gentlemen of the board of the city now. I’m sorry, of the city. We’re going to buy water give us a deal. Because we’re going to try and do, we’re going to do everything we can to get you into the high rent districts here. So potential customers are there and the city knows that.

Gute: We have to protect our customers too and it is very important that they know that not only will they have city rates involved but they will have Township rates on top of that too.

Miller: That’s where it makes sense particularly if the township is interested in establishing a larger water service area. Including our residential development that’s where we now get a leg to negotiate. Once we say something to this contract so we can get across the table from them. But until we get across the table we can’t talk, we can’t discuss and we want those customers that were not there. They belong to us. Davis Cartage when they came in and wanted water we made a special agreement with Davis Cartage. When the water goes through, Davis Cartage comes back to this township. That’s part of the Industrial Park. They come back to us. When we put the water in those areas and it’s flowing, those old customers they become Owosso Charter Township customers. That will not be something we will give up.

Gute: It should specifically state that in the contract.

Miller: We’ll make that part of it when we sit down across from them but I don’t believe we can write and rewrite. I think we we’ve got to have something so we can sit down and talk and say here’s what we go in with. Is this water ready, here is what we need, what do you need.

Page 4 of 10—Regular Board Meeting—August 10, 2009

Gute: There is no need to sign the agreement though I agree the board could make a motion to let the committee to go back to the table. If the board passed this right now that means that we are agreeing to all of this.

Schultz: I don’t think so, we’ve been doing this for four (4) years and we all set right here at a meeting I don’t know how many times.

Gute: Things have not been taken out that we talked about.

Schultz: But we went over this and everything was agreed on and we put it together and now we’re going to pick it apart again, I don’t think so, I think this is something we got to get to the city so we can sit down in front of them and to be honest with you I don’t think they are going to agree with it.

Bowne: The board streamlined the agreement, incorporated a paragraph in the MOU and made changes. I see the city looking at the Agreement and MOU and saying, Wow, what happened to it.

Gute: What I am saying is why would, I sign this just to go back to the city to discuss it. If they say no, you’ve got yourself a water agreement that you don’t approve of. Plus the Memorandum of Understanding was supposed to be merged.

Bowne: It was merged.

Gute: It should be one document like Tom Newhoff suggested.

Bowne: This is what you have a lot of times when you have attachments. Page 8 of the water district agreement paragraph 20 incorporates the Memorandum of Understanding. A lot of this stuff in the Memorandum of Understanding really is not on point with a Water District Agreement. It’s sort of background information to let the Township understand what’s going on. It’s like an attached exhibit.

Gute: The very first page of the Memorandum of Understanding is all, the infrastructure they put in our Township without permission and if they ever decide to increase their water rates such as Detroit did to Flint and we decide to do our own water system their infrastructure is in our way. Their infrastructure needs to be a separate agreement. That is the Townships key to getting their people lower rates.

Bowne: I’d like to point out additional typo errors. Memorandum of Understanding Page #3 subparagraph #18 should be deleted and the next paragraph should be subparagraph #18. Page #4 at the top #22 that actually should be deleted and paragraph #19 is the reference.

Archer: I have read through the agreement several times and it’s not the end all. It’s still like Danny said we’re still going to go back to the city and there will probably be more negotiations and more changes. There are some clerical issues that need to be dealt with.

Page 5 of 10—Regular Board Meeting—August 10, 2009

The main thing I look at is if you turn to the front page of the agreement where it says “where as it is necessary for public health, welfare and safety and desired to provide water for portions of the Township” and he thinks about Mr. Shattuck here tonight and his response and what we are trying to do. It’s not an issue that we are personally trying to accomplish. This is something
we are trying to do for the citizens of the Township for their public health, safety and welfare. (He asks Miller if his intent was for approval on this tonight or what his thoughts were there).

Milller: Yes, if you want to put that into a motion that’s fine you have that legal right as a member of the board.

Archer: I commend Diane and Gary and Lynn for the agreement we have because they have all had part of it and granted we tweaked a little bit of what was there before but it was the initial efforts of Diane, Gary and Dick at that time too. So at this time I’d like to make a motion.

Moved Trustee Archer, that we approve this water district agreement, with the Water District Agreement Memorandum of Understanding as being part of it, with the clerical issues that we tweaked. Second Trustee Schultz.

Gute requests discussion and states “I would like to encourage this board to think long and hard about this.”

Krajcovic: When we started these negotiations several years ago the Memorandum of Understanding came out with one (1) page and here we are at 4 pages. I am personally not in favor of two documents. Dovetail them. Do away with the Memorandum of Understanding. I don’t like flipping here and flipping there. That was not our intent. I feel we are very close but I want another set of eyes too look at it. An expert set of eyes. Someone who has knowledge with Water Agreements!

Campbell: I agree with Diane only because I would like someone else to read it that is more familiar with these. I can’t see jumping into it. All of the sudden this is just going too fast. I’d just like to see a little bit more time taken on it.

Archer: Lynn, when you compared these agreements between Corunna and Caledonia Township..

Bowne: I don’t have Corunna’s agreement and I’ve not read Caledonia Township’s.

Krajcovic: Corunna’s is wholesale. We really can’t compare.

Archer: I just wondered how this agreement compares to theirs and how our Township can be so much different than Caledonia Township when it comes to the final agreement and like I say, we are not done discussing this with the City yet either.

Bowne: I think some of the objections the City of Owosso had, is, that they didn’t want a

Page 6 of 10—Regular Board Meeting—August 10, 2009

changed agreement with Owosso Township. They wanted something identical to Caledonia Township’s and I know Caledonia Township’s was entered into over, advise by other attorney’s.

Gute: I did read Caledonia Township’s. Owosso Townships was pretty much the same agreement when they first started. We didn’t agree with the City owning our meters, we didn’t agree with several different things in Caledonia Township’s. We’re protecting our people, we’re talking about thirty (30) years, 2 renewals of thirty (30) years and we have to be very careful.

Schultz: This contract isn’t solid. We’re going to have to talk to them. We have to get something in front of them. We could be bouncing this contract around between other people and we’re right back to where we started before. We have to get something in front of them.

Gute: The motion was to agree to sign it.

Schultz: This is to get it in front of them.

Gute: No it was to sign it as is. Not a motion just to take it to them.

Campbell: Why can’t they just look at it now and then we say okay this is fine. Why sign it and agree to it and then give it to them.

Schultz: That’s why we had that meeting. Now we’re going to disagree with it.

Gute: But there are still things in there that we disagreed with back then.

Miller: This will be the third. We’ve had two T.A.’s come before the board. Tentative Agreements to the water contract! We’ve since have had it tweaked at least twice and again I agree I think we have to move. In my opinion we have to have movement so we can at least take a step forward and go over there and talk and at that time Lynn will be sitting at that table with us and I’m sure they’ll have Mr. Brown and they also have the advantage of having Mr. Fivas who is also skilled in the legal aspect. Mr. Fivas will be sitting at their table.

Gute: Call the vote.

Miller: Did you have a question?

Cudney: If we agree to sign this contract, now I’ve seen several contracts, to me you would have the completed contract before you sign it. Not just sign a contract and then agree to change it. That’s where I am confused.

Gute: Exactly.

Krajcovic: Exactly.

Gute: Then they’re going to come back and say “well you signed it and now you want to take it away.”

Page 7 of 10—Regular Board Meeting—August 10, 2009

Krajcovic: Why can’t we give them this and say this is a rough draft.

Archer: What if I amend my motion not to sign this as a final agreement but present it to the City for negotiation.

Moved Trustee Archer to amend his motion. Trustee Schultz withdraws his support of the original motion. Moved Trustee Archer, Second Trustee Schultz to, present the Water District Agreement and the Memorandum of Understanding to the City as an unsigned contract with the idea of further negotiations.

Discussion:

Campbell: When can we all see what they have to say? Will they do this at their council meeting? I’d love to sit down with their board and all of us or is that not possible?

Gute: We could have a special meeting.

Miller: That’s hard…

Campbell: This is a very important document.

Miller: It’s hard, both boards can sit down but you still, it’s hard to do both boards. Both boards can get together let’s say that we signed it. Both boards got together and we signed it, we have an agreement. All seven of us can be present and anyone else that we want in that picture to give credit to. Therefore, you are not violating any laws. But for the seven (7) of us and the (7) of them I think there is a problem with the Open Meeting Act or something. But I can get clarification. Lynn don’t we have a problem if all…

Bowne: Yes, you have to have an open meeting you have to post it.

Krajcovic: We had one with Caledonia and us.

Gute: Yes, we could advertise it. We could have our negotiating team sit with them and the rest of us could just sit there and listen if we wanted.

Miller: I was told we would run into a problem because I asked that question a year ago.

Bowne: The big question is if you have the council and the board all there is whether or not there are any deliberations going on amongst the members for a decision. Now if it is just the negotiating team and they are not going to make any decisions that might be a different story.

Miller: It puts both of us in an awkward position. For us to do a picture for signing an agreement but for us to go there and have what you want and what you want talks. We’re in a limbo area. It’s a dark hole and we have to be very careful.

Cudney: We can’t have a study to go over this agreement?

Page 8 of 9—Regular Board Meeting—August 10, 2009

Miller: I don’t think we can and I’m getting the same from Lynn.

Cudney: We did it with the Ambulance. It was community.

Gute: We can have a meeting between both boards. We did it with Caledonia Township with our water talks.
Bowne: You can have a joint session with the City Council and the Township Board to go over this.

Miller: To go over it but if you negotiate it…

Gute: We can all negotiate it.

Bowne: The thing is you would change the negotiating team. The entire Board and Council would be the negotiators then.

Miler: Okay, because I thought there was a problem there because I had asked someone about that earlier.

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

Archer: Danny also at this time if you would entertain another motion I would make a motion to…

Moved Trustee Archer, Second Trustee Schultz to take the agreement as it is written and tweaked to an outsider for them to review with the understanding that the City of Owosso is going to get right back with us even if they receive it tomorrow.

Miller: Hang on with your second. I don’t think that needs to be a motion because it has already been established that we would do that once this is tweaked.

Krajcovic: It is an expenditure, so we, probably should.

Schultz: We probably should.

Miller: Okay, motion by John to basically have a third party opinion on the tweaked contract. Seconded by Gary.

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

Gute: Who do you want to find for this opinion?

Miller: I was going to ask Lynn.

Page 9 of 10—Regular Board Meeting—August 10, 2009

Bowne: Let me suggest this. Tom (Newhoff) looked at it as an engineer. Tom could probably give us an attorney’s name that does this.

Miller: Would you do that please and then send a copy to Mr. Newhoff to get it over to that particular lawyer?

Gute: I spoke with an attorney at MTA. I believe he was from Baukman and Sparks who I believe did Kalamazoo and Kalamazoo Township’s agreement. He gave me a lot of information. I would recommend Baukman and Sparkes.

B.) SATA UPDATE: Supervisor Miller states SATA was on the board. They came up and talked to him and what they would like to do is come back in September.

C.) STREETLIGHT ASSESSMENT: Moved to the September agenda.

New Business:

A) DANGEROUS BUILDING ORDINANCE: Township will notify the owner of the home located at 1815 W. Mason Rd in regards to this home not being in compliance with the Township’s Dangerous Building Ordinance.

B) CEMETERY ROAD: Cemetery caretaker has done the best he can to move the road over. However, the clerk felt the Township needed to grade and gravel the newly located road.

C) Moved Trustee Krajcovic, Second Trustee Archer to grade and gravel the road between Sections 2 and 3 Southside. Roll Call: Treasurer Cudney-Yes, Trustee Schultz-Yes, Clerk Gute-Yes, Trustee Krajcovic-Yes, Trustee Campbell-Yes, Trustee Archer-Yes, Supervisor Miller-Yes. Supervisor Miller and Trustee Schultz will obtain bids.

Payment of Bills: Moved Trustee Krajcovic, Second Treasurer Cudney to accept the July 22nd and the August 10, 2009 checklists as printed and to release all checks. Roll Call: Treasurer Cudney-Yes, Trustee Schultz-Yes, Clerk Gute-Yes, Trustee Krajcovic-Yes, Trustee Campbell-Yes, Trustee Archer-Yes, Supervisor Miller-Yes. Cemetery checks – 922 - 930, Fire checks 3314 – 3345 (3346 void), Fire 2 check 130 – 131 (129 void), General Fund checks 4182 - 4218, Sewer checks 345 - 347, T & A checks 1989 - 1992 and Water checks 539 - 541 shall be released for payment.
Public Comments: Opened at 8:37 p.m. – Closed at 8:49 p.m.

Opal Chase asks who put the fence up in the cemetery. Marv Britton regarding the ongoing problem he has with Owosso Redi Mix. Moe Shattuck asks how soon before he could connect to city water.

Page 9 of 10—Regular Board Meeting—August 10, 2009

Communications/Board Comments & Reports:

Gute stated she was not able to attend last month meeting though she liked the fence that was installed at the cemetery she did not agree with where it was placed (at the bottom of the drainage ditch). Leaves will blow over the top, it will be dangerous to mow and the residents along there had signed an agreement with the township that they would maintain that ditch.

She questioned why the board created a new committee to oversee the cemetery. The township has not ever had such a committee. It will cost the cemetery fund $50 per committee member each time they meet and the cemetery fund was not self supporting as it is. She felt it was the responsibility of the entire board to oversee the cemetery. Supervisor Miller stated he formed the committee. The committee consists of Trustee Schultz and himself and they will not be paid for any meetings.

Gute stated that in the July meeting minutes it states the cemetery looked “ragged” and wondered what exactly did they mean by that. No one remembered the statement being made. However, thought perhaps it might have been said when they were talking about the old bushes that were planted long ago. She said she was just curious because she felt Mr. Blevins was doing a good job maintaining the cemetery. Other board members agreed.

Also it was Gute’s opinion that the board set a dangerous precedence at this same meeting when they voted favorably to pay $2,900 out of the fire fund to pay a fire related bill created by a township resident. She felt it could cost the department more in attorney fees to recoup it and had concern if this occurred very often.

Further discussion found that Attorney Bowne was working on placing the amount on the resident’s property tax bill. However, found that the resident had not ever been billed outright before the decision had been made to apply it to his tax bill.

Gute spoke about a large insurance claim regarding a similar incident that amounted to over $40,000 for the township. It could bankrupt the fire department if this happened very often she said.

Consensus of the board was that perhaps a plan should put in place for such incidents.

Adjournment: Moved Treasurer Cudney, Second Trustee Schultz to adjourn at 9:12 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
____________________________________, 2009.