Page 1 of 6—Regular Board Meeting—February 09, 2009
State of Michigan
County of Shiawassee
Charter Township of Owosso
Be it known that the Owosso Charter Township Board of Trustees met in regular session on Monday February 09, 2009 at 7:02 P.M. in the Township Board Room, at 2998 W. M 21, Owosso, Michigan 48867.
Call to Order: Supervisor Miller led the Pledge to the Flag.
Members in attendance: Roll Call: Supervisor Miller-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes, Trustee Krajcovic-Yes, Trustee Schultz-Yes, Trustee Archer-Yes, Clerk Gute-Yes. Others Present: Attorney Bowne, Fire Chief Greger, Bldg. Administrator Delaney, Assessor Steve Schweikert and OCTMMR Manager Jason MacDonald.
Agenda: Moved Trustee Second to approve the agenda with the following additions under Unfinished Business: d) BS&A Online and Under New Business: a.) Place road commission at the beginning of public comments. Ayes: All. Nayes: None. Agenda approved.
Minutes-Previous Meeting: Moved Trustee Archer, Second Trustee Schultz to approve the January 12, 2009 minutes as printed. Roll Call: Clerk Gute-Yes, Trustee Archer-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Treasurer Cudney-Yes, Trustee Campbell-Yes, Supervisor Miller-Yes. The Regular Board meeting Minutes of January 12, 2009 stand as printed.
Moved Trustee Schultz, Second Trustee Krajcovic to approve the February 09, 2009 minutes as printed. Roll Call: Clerk Gute-Yes, Trustee Archer-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Treasurer Cudney-Yes, Trustee Campbell-Yes, Supervisor Miller-Yes. The Budget Workshop Meeting Minutes of February 03, 2009 stand as printed.
Treasurer Report: Moved Trustee Archer, Second Trustee Schultz to accept the Treasurer’s Report as printed. Roll Call: Trustee Archer-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Treasurer Cudney-Yes, Trustee Campbell-Yes, Supervisor Miller-Yes, Clerk Gute-Yes. The December 31, 2008 Treasurer Report stands as printed.
Public Comments: Opened at 7:07 p.m. - Closed at 7:30 p.m. Shiawassee Road Commission Manager Lonnie Latunski.
County/State Rep Comments – Commissioner Stewart update on business before the county commissioners.
Sheriff Department: SCSD Deputy Keith Hansen answered questions and concerns from the public.
Cemetery Report: Attached to minutes.
Assessor Report: Attached to minutes. Resolution to Adopt Poverty Exemption Income Guidelines and Asset Test:
Resolution Trustee Archer, Second Trustee Schultz, Resolved:
Page 2 of 6—Regular Board Meeting—February 09, 2009
WHEREAS, the homestead of persons who, in the judgment of the supervisor and board of review, by reason of poverty, are unable to contribute to the public charges is eligible for exemption in whole or part from taxation under the General Property Tax Act; and
WHEREAS, the township board is required by Section 7u of the General Property Tax Act, Public Act 206 of 1893 (MCL 211.7u), to adopt guidelines for poverty exemptions;
NOW, THEREFORE, BE IT HEREBY RESOLVED, pursuant to MCL 211.7u, that Owosso Charter Township, Shiawassee County, adopts the following guidelines for the supervisor and board of review to implement.
The guidelines shall include but not be limited to the specific income and asset levels of the claimant and all persons residing in the household, including any property tax credit returns, filed in the current or immediately preceding year.To be eligible, a person shall do all the following on an annual basis:1) Be an owner of and occupy as a homestead the property for which an exemption is requested. 2) File a claim with the supervisor or board of review, accompanied by federal and state income tax returns for all persons residing in the homestead, including any property tax credit returns filed in the immediately preceding year or in the current year. 3) Produce a valid drivers' license or other form of identification if requested. 4) Produce a deed, land contract, or other evidence of ownership of the property for which an exemption is requested if requested. 5) Meet (the federal poverty income guidelines as defined and determined annually by the United States Office of Management and Budget OR the current poverty income guidelines adopted by the township board). 6) Meet additional eligibility requirements as determined by the township board, including: BE IT ALSO RESOLVED that the board of review shall follow the above stated policy and federal guidelines in granting or denying an exemption, unless the board of review determines there are substantial and compelling reasons why there should be a deviation from the policy and federal guidelines and these are communicated in writing to the claimant.The foregoing resolution offered by Board Member Archer and supported by Board Member Cudney.Upon roll call vote, the following voted Aye: J. Campbell, D. Krajcovic, J. Cudney, J. Gute, D. Miller, J. Archer, G. Schultz. Nay: None.
The Supervisor declared the resolution adopted.I, Judy K. Gute , the duly elected and acting Clerk of Owosso Charter Township, hereby certify that the foregoing resolution was adopted by the township board of said township at the regular meeting of said board held on February 09, 2009, at which meeting a quorum
Page 3 of 6—Regular Board Meeting—February 09, 2009
was present by a roll call vote of said members as hereinbefore set forth; that said resolution was ordered to take immediate effect.
Note: A copy of the Federal Poverty Guidelines, Asset Test and Application are attached to these minutes.
Fire Report: Attached to minutes. The department responded to thirteen (13) alarms in January. Moved Trustee Krajcovic, Second Trustee Schultz to direct Chief Greger to obtain quotes for 12 pagers. Ayes: All. Nayes: None.
Ambulance Report: Attached to minutes. Responded to forty-two (42) medical calls for the month of January 2009.
Building Report: Attached to minutes.
Unfinished Business:
a.) Planning Commission Resignation: Moved Trustee Schultz, Second Clerk Gute to accept the resignation of Planning Commission member Jeremy Dwyer. Ayes: All. Nayes: None. Planning Commission Nomination: Moved Trustee Archer, Second Treasurer Cudney to appoint Larry Jones as a member to the Owosso Charter Township Planning Commission. Ayes: All. Nayes: None.
b.) Set date for Annual Meeting: Moved Trustee Krajcovic, Second Trustee Schultz to hold the Annual Meeting on Saturday March 14, 2009 at 8:00 a.m. Ayes: All. Nayes: None.
c.) Owosso Redi Mix: Attorney Bowne presented an update in regards to the lawsuit.
d.) BS&A Online: Moved Treasurer Cudney, Second Trustee Schultz to authorize and direct Treasurer Cudney to sign up with the free BS&A Online tax and assessing service and allow BS&A to collect $2.00 per hit. Ayes: All. Nayes: None.
New Business:
b.) SEDP-Justin Horvath: Requesting that the Township support SEDP in the coming fiscal year.
C.) Budget Submission/Adoption:
Ambulance Fund: Moved Trustee Krajcovic, Support Trustee Schultz to Adopt the Proposed 2009-10 Ambulance Budget with revenues and expenditures totaling $183,040.00. Roll Call: Trustee Campbell-Yes, Treasurer Cudney-Yes Supervisor Miller-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Clerk Gute-Yes, Trustee Archer.
Cemetery Fund: Moved Treasurer Cudney, Support Trustee Campbell to Adopt the Proposed 2009-10 Cemetery Budget with revenues and expenditures totaling $30,310.00. Roll Call: Treasurer Cudney-Yes, Trustee Archer-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Supervisor Miller.
Fire 1 Mil Fund: Moved Trustee Schultz, Support Trustee Archer to Adopt the Proposed 2009-10 Fire 1 Mil Budget with revenues and expenditures totaling $1,155,600.00. Roll Call: Supervisor Miller-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Treasurer Cudney- Yes., Trustee Archer.
Fire 1/2 Mil Fund: Moved Trustee Krajcovic, Support Clerk Gute to Adopt the Proposed 2009-10 Fire ½ Mil Budget with revenues and expenditures totaling $243,700.00. Roll Call: Trustee Schultz-Yes, Trustee Krajcovic-Yes, Clerk Gute-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes, Supervisor Miller-Yes, Trustee Archer-Yes.
General Fund: Moved Trustee Campbell, Support Trustee Schultz to Adopt the Proposed 2009-10 General Fund Budget with revenues and expenditures totaling
Page 4 of 6—Regular Board Meeting—February 09, 2009
$1,275,800.00. Roll Call: Clerk Gute-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes, Supervisor Miller-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Trustee Archer-Yes.
Sewer Fund: Moved Trustee Schultz, Support Treasurer Cudney to Adopt the Proposed 2009-10 Sewer Fund Budget with revenues and expenditures totaling $1,164,000.00. Roll Call: Clerk Gute-Yes, Trustee Campbell-Yes, Treasurer Cudney-Yes, Supervisor Miller-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Trustee Archer-Yes.
Water Fund: Moved Trustee Krajcovic, Support Trustee Archer to Adopt the Proposed 2009010 Sewer Fund Budget with revenues and expenditures totaling $138,400.00. Roll Call: Trustee Campbell-Yes, Treasurer Cudney-Yes, Supervisor Miller-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Clerk Gute-Yes, Trustee Archer-Yes.
d.) Discussion of Water Contract:
Discussion was held in regards to the proposed water agreement drafted by the City of Owosso. Wherein, the City has determined the size of three (3) water districts within the Township that they would sell water to. Supervisor Miller stated that Trustee Schultz and Trustee Krajcovic were two competent Board representatives that did a wonderful job negotiating this contract with the City.
Trustee Archer felt it was a good agreement because the fire department would continue to rent fire hydrants from the City and not have to pay for the use of water to fight fires. Resident Paul Kruger stated everyone in the Township would want this agreement even though everyone knows they may never receive water. Asst. Chief Dave Johnson thought it was a good idea because it was a start. State Rep. Richard Ball stated he had some involvement with the negotiations and felt the agreement was a win, win situation.
After much discussion, Trustee Schultz felt since prior Supervisor Gute helped negotiate the contract that it was a good contract. Clerk Gute stated that is not the case. The prior Supervisor did the best he could, negotiating with the City. However, the prior Supervisor said he would not approve the contract.
Moved Clerk Gute, that because it has taken 30 years to negotiate a water contract with the City there was no hurry and; because some language in the contract was not beneficial to the Township and; because this is a 20 year contract that the Board hold a special water workshop after the annual meeting. Supervisor Miller did not acknowledge the motion and continued to state what a great job the two (2) trustees had done negotiating.
Clerk Gute did not agree with the City forcing the Township to invest $100,000 within three (3) years in district 3 when the City has collected double water rates for the maintenance and repairs to that district for well over 16 years now and claim they never made enough to upgrade those lines in that time frame. Yet the city has never paid the Township 25% of the double water rate collections they made from that district either. Attorney Bowne agreed that paragraph 14 was a mandatory obligation but the intent was not clear.
Clerk Gute read #2 of the Memorandum of Understanding and informed the Board that she had spoken with an MTA attorney about this. The attorney advised that the Township
Page 5 of 6—Regular Board Meeting—February 09, 2009
needed to have a franchise agreement in regards to the infrastructure the City has placed in the Township. He also said the city should not have crossed Township borders (right of ways) without Township knowledge or without an agreement.
Resident Larry Jones had concern with double water rates. This is the first he has heard that
Township customers would be charged double rates. He had concern if the City were to raise their water rates like Detroit did to Flint.
Clerk Gute stated that was one of her reasons for contacting an MTA attorney. The MTA attorney stated there was no reason for a City to charge a Township double water rates if the
City is making money off water that traverses through a Township. The water tower and loop the City placed in the Township is integral to the City system. Therefore, there is no reason for the City to charge double rates to Township residents.
Gute stated she recently found where the city had connected Township businesses to water without Township knowledge. Since the city did this without Township knowledge the Township has not received any revenue in return either. Owosso Utilities Director Gary Burke stated those businesses wanted water and that was just part of doing business. But the City had no right to do that without coming to this Board first, said Gute.
Resident William Kilburn stated he felt it was a good contract and that the City had probably come before the Board and asked to cross borders. Clerk Gute offered the names of businesses that the city has connected water to over the past two years and asked Board members if they recall the City ever coming before the Board prior to the connections. They had not.
Clerk Gute stated the MTA attorney advised that the Township obtain a map of where all City infrastructure and water connections were located in the Township. If the Township did not do that the Township would never know the exact boundaries of each district. Nor, would the Township know if they were collecting 25% back on everything. Gary Burk said he would furnish the Board with copies of such map.
The clerk inquired whether the City had wells in the Township south of Hopkins Lake or on the former O’Dell property. Gary Burk said no. The clerk informed the board if the contract were signed and the Township ever needed access to their own right of ways that City pipes could very well be in the way.
Trustee Archer stated there were two competent people from the Board that negotiated the contract and he felt they did a good job. Clerk Gute reminded Archer that he worked for the city too, but tonight he is supposed to work for the Township and she did not feel it was fair to the other Board members who just received the agreement not to have a say in this. This makes it sound like the rest of the Board is considered incompetent. Archer stated he did not mean it to sound that way.
Supervisor Miller stated this was only an open discussion tonight and the Board will vote Yes or No on the agreement at the March meeting. Clerk Gute reminded Miller that she had a motion on the floor to hold a special workshop. Again Supervisor Miller would not acknowledge her motion and stated what a good job the two trustee’s did negotiating and the Board should trust their judgment.
Clerk Gute asked why the Board would vote on the agreement without allowing the Township Engineer to review it first. The consensus of the Board was to contact Tom Newhoff to have him review the agreement and report his findings.
Page 6 of 6—Regular Board Meeting—February 09, 2009
Kay Lauro stated the Township has been working on a water agreement for 30 years, this committee of 3 has been working on it for 4 years, it is a 20 year agreement and it is not reasonable not to allow the other Board members enough time to get comfortable with it.
Not an Agenda Item: Phone Township Building/Zoning Administrator: Discussion was held in regards to furnishing a cell phone for Building Administrator Delaney. Clerk Gute felt it would be better for the township to consider a phone allowance. Supervisor Miller stated that Mr. Delaney doesn’t do much anymore regarding his personal business and therefore would not be using his phone for personal business. Moved Trustee Archer, Second Treasurer Cudney to authorize and direct the Township to pay for any and all cell phone bills and to include paying for any additional minutes over and above the 450-minute limit for one (1) year. Roll Call: Trustee Campbell-No, Treasurer Cudney-Yes, Supervisor Miller-Yes, Trustee Schultz-Yes, Trustee Krajcovic-Yes, Clerk Gute-No, Trustee Archer-Yes.
e.) Wage Resolutions 2009-10: Resolved Trustee Schultz, Second Trustee Archer to keep the salaries of the Supervisor and the Trustees at the current rate and to retain the current rate for the Treasurer and Clerk unless the members of the public vote for an increase for them at the Annual Meeting. Ayes: All. Nayes: None.
f.) Weed Bid Notice: Clerk to place bid in the paper in March.
g.) Planner/Calendar Updates: Moved Trustee Krajcovic, Second Trustee Schultz to adopt the 2009-10 Planner/Calendar. Ayes: All. Nayes: None.
Payment of Bills: Moved Trustee Schultz, Second Trustee Archer to accept the Febrary 09, 2009 checklist as printed and to release all checks. Roll Call: Treasurer Cudney-Yes,
Trustee Schultz-Yes, Clerk Gute-Yes, Trustee Krajcovic-Yes, Trustee Campbell-Yes, Trustee Archer-Yes, Supervisor Miller-Yes.
Cemetery checks 878-884,
Fire checks 3138-3166,
General Fund checks 4000 – 4023,
Sewer checks 334 – 335,
T & A checks 1965-1968 and
Water checks 524 – 525 shall be released for payment.
Public Comments: Opened at 10:27 p.m. – Closed at 10:27 p.m.
Communications/BoardComments/Reports:
Clerk Gute commented that Board committee appointments ended November 20, 2008 and OCTMMR Manager would like to meet with the Sub Committee.
Trustee Miller said he kept all committees the same and that the Sub Committee would continue to consist of Trustee Campbell, Trustee Krajcovic and Clerk Gute.
Clerk Gute felt Trustee Campbell needed to be reappointed to the Z/P Commission and she would need to be reappointed to the ZBA (by vote).
Adjournment: Moved Trustee Schultz, Second Trustee Campbell to adjourn at 10:32 p.m. Ayes: All. Nayes: None.
Respectfully Submitted,
Judy K. Gute Danny Miller
Owosso Charter Township, clerk Owosso Charter Township, supervisor
These minutes were approved as printed as corrected on this the ________day
of_______________, 2009.
