Bingham Township Board



Bingham Township Board

Regular Meeting

Monday, May 9, 2011 7:00p.m.

Clinton County RESA

4179 S. BR127, St. Johns, MI 48879

MINUTES

|The Meeting was called to order at 7:00 p.m. |Call to Order |

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|Clerk Kus called roll: Present were, Trustee Harger, Clerk Kus, Supervisor Ostrowski, Treasurer |Roll Call |

|Trebesh, Trustee Hufnagel, Others Present: 23 members of the public. Sign in sheet on file. A quorum | |

|reported. | |

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|Supervisor Ostrowski led in the pledge to the flag and Trustee Harger gave the Invocation. | |

| |Pledge |

| |Invocation |

|Adjustments to Agenda. New Business, No 7. ADD-d. Check Signing. No. 7. ADD e. Trustees Salaries. Move|Agenda |

|Reports-No. 8.a. 1.-CAFR litigation to be discussed in closed session with Old Business-No. 6. d.- Motz| |

|Development. | |

|Motion by Trebesh supported by Harger to approve Agenda as Amended. Motion carries. | |

| |Motion |

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|Motion by Trebesh supported by Hufnagel to approve Consent Agenda including minutes of regular meeting |Consent Agenda |

|of April 11, 2011, minutes of special townhall meeting April 18, 2011, Accumed Billings for fire runs, |Motion |

|Communications from: CC Sheriff Report, CC Road Commission Annual report, Tri-County Electric Coop, | |

|Motion carries. | |

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|Public Comment opens at 7:05p.m. | |

|Nothing from the County Commissioner. | |

|State Representative Paul Opsommer reported the House has passed the state budget. | |

|Sara Morrison, of Briggs Public Library presented the 2010 annual report. Revenue was down for the |Public Comment |

|year. Fund Raisers and grants allowed for purchase of 7 new public work stations. The library is very | |

|grateful for the ½ mil support from the residents of Bingham Township. | |

| |Sara Morrison Briggs Public |

|Public Comment closes at 7:18 p.m. |Library |

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|Assessor Peter Preston reported that March board of review went smoothly. | |

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|Chris Babcock of DEQ indicated elevated levels of magnesium and arsenic detected in the lagoon basin. A| |

|minimum of four background samples need to be collected to verify this is related to the area of soil |Old Business |

|around the lagoon. In addition elevated levels of arsenic were detected in monitoring wells. Final |Assessor |

|closure of the lagoon could be granted if deed restrictions were placed on the lagoon property | |

|including the inability to ever drill water wells. We could test for an additional year and if levels | |

|have decreased or have not increased above current readings we could possibly get a clean review. The |Sewer Project |

|system operator will be contacted about cost of soil samples and testing. David Kudwa of Trinity |Lagoon Closure |

|Engineering will be consulted before further action is taken. | |

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|Discussion regarding Hamp Matthews final invoice in the amount of $4,277.88 for lagoon project. Motion | |

|by Ostrowski, supported by Hufnagel to pay Hamp Matthews the above stated amount. Motion carries. | |

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|New ideas regarding the Water Plant discharge are being reviewed. | |

|Further discussion regarding irrigation of property owned by Andy T from a Township fire hydrant. No | |

|action taken. | |

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|Correspondence received from the Meadows Mobile Home Park and Mr. Glova’s attorney. The question of | |

|placing delinquent utility bills on summer tax rolls was once again discussed. Mr. Glova wanted the | |

|board reminded of his submittal of the restructuring of utility billing for The Meadows. The board was |Final Invoices |

|further reminded that the correspondence received from Mr. Glova’s attorney indicated that should the |Hamp Matthews |

|township take action and roll the delinquent utility bills onto the summer tax roll it could result in | |

|legal action against the Township as well as individual board members. Supervisor Ostrowski will speak | |

|further with Mr. Glova to engage in further discussion regarding this matter. | |

| |Water Plant Discharge |

|Motion by Harger, supported by Trebesh at 7:46 p.m. to move into closed session to discuss legal | |

|opinions related to Motz Development and CAFR litigation. | |

|Motion carries. |The Meadows |

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|Motion by Kus, supported by Harger to open session at 7:59 p.m. | |

|Motion carries. | |

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|Motion by Harger, supported by Trebesh to consult with Attorney Fahey regarding forwarding his opinion |Legal Action |

|letter of the Motz Agreement to Mr. Motz with the intent of meeting with Mr. Motz for further | |

|discussions regarding this agreement. Motion carries. | |

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|Motion by Trebesh, supported by Hufnagel to authorize the Township Attorney to file additional claims | |

|and defenses in the litigation commenced by CAFR, in order to: A. Collect all monies and other assets | |

|due to Bingham Township from CAFR and its members; and B. Seek adjudication of all other issues and | |

|disputes between Bingham Township and CAFR resulting from CAFR’s conduct and misinterpretations of the |Closed Session |

|parties’ present agreement and to seek declaration of rights pertaining thereto, and such other and |Motion |

|further relief as may be deemed appropriate on behalf of Bingham Township. |Motz Development |

|Motion carries. | |

| |Open Session |

|A hearing will be held in Judge Tahvonen’s Circuit Court on Friday, May 27, 2011 at 9:00 a.m. to |Motion |

|resolve the issue of the current CAFR contract. Service with CAFR ends June 6, 2011. | |

| |Motz Development |

| |Motion |

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|Nothing additional to report. | |

| |CAFR Litigation |

|Nothing additional to report |Motion |

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|Nothing additional to report | |

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|Nothing additional to report | |

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|The drive around with the Clinton County Road Commission is complete. The most pressing projects were | |

|observed and discussed. The completion of the County Farm Road Bridge, and the Walker Road culvert | |

|washout must be completed. In addition Krepps Road from Centerline to Taft will require gravel and | |

|Centerline from BR 127 to Williams Road will also require gravel. Motion by Trebesh, supported by | |

|Hufnagel to approve gravel application to Krepps Road from Centerline Road to Taft Road and gravel |CAFR Hearing |

|application to Centerline Road from BR 127 to Williams Road for a Township cost of $20,727.10. In | |

|addition the culvert on Walker road east of Scott road in the amount of $5,747.00 (Township cost) and | |

|the County Farm Road Bridge will be completed at a Township cost of $3,753.14. Total Township cost for | |

|these projects $30,227.24. Motion carries. Chloride application was previously approved and has been |Committee Reports |

|paid for in the amount of $30,100.00. |Finance |

| | |

|The final Rural Fire and Rescue Run Agreement with the City of St Johns was presented. The agreement |Fire |

|will not be signed until the outcome of the CAFR litigation hearing of May 27, 2011 is known. | |

| |Utility |

|The 2 mil debt reduction millage on the May 3, 2011 Special Election Ballot went down by a margin of | |

|eight votes. 277 votes against and 269 votes in favor. |Communication |

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|Discussion regarding the financial future of Bingham Township. |New Business |

|Motion by Harger, supported by Hufnagel, to authorize the Supervisor thru the office of State |Clinton County |

|Representative Paul Opsommer, to contact the State of Michigan, Department of Treasury, regarding |Road Commission |

|Township finances and submit to them a financial plan for Bingham Township. Motion carries. | |

| |Motion |

|The Treasurer and Deputy Treasurer will be out of town for the check run the first of the June. Motion | |

|by Harger, supported by Trebesh to approve the addition of Supervisor James Ostrowski as a check signer| |

|to the general checking account of Bingham Township from May 28, 2011 thru June 5, 2011. All in favor. | |

|Motion carries. | |

| | |

|Discussion regarding the $150.00 per township board meeting salary currently paid to the Trustees. No | |

|action taken. The salaries will remain the same. | |

| | |

|A hearing will be held Friday, May 27, 2011 at 9:00 a.m. in Clinton County Circuit Court to render a | |

|judgment on the termination of the CAFR Agreement. | |

| |Fire Contract with City of St|

|The CAFR meeting of May 10, 2011 will be held at Station No. 1. |Johns |

| | |

|Clinton Area Ambulance Service Authority could be sending a revised capital contribution based on the |Millage results |

|increase in population of the County per the 2010 State Census. The capital budget could be revised to | |

|reflect the additional contribution owed by the Township. | |

| | |

|Delinquent Personal Property taxes numbered 16 and all but 3 have been paid. Further action including |Plan of Action |

|small claims court will be taken. Comments for the July newsletter will need to be submitted to the |Motion |

|Treasurer by June 10, 2011. | |

|The general checking account for end of April has a balance of $68,608.16. The restricted account has a| |

|balance at the end of April of $217,526.39. Cash flow budget was presented. | |

|Motion by Kus, supported by Hufnagel to accept Treasurer’s Report. Motion carries. | |

| | |

|Accounts Payable issued for period beginning May 1, 2011 thru May 9, 2011 for check numbers 6430 thru |General Acct. |

|6444, with total disbursements for this time period in the amount of $110,742.64 13 checks issued. |Check Signers |

|Discussion follows regarding the FirstBank check in the amount of $90,637.50. Motion by Hufnagel, |Motion |

|supported by Harger to void FirstBank check #6442 and reissue a check in the amount of $19,711.33 for | |

|total disbursements for the month of May in the amount of $39,816.47. Motion carries. | |

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|The City of St Johns was contacted regarding an electronic sewer line locator and has drafted an |Trustee Salaries |

|agreement whereby the City of St Johns will charge the Township $25.00 per day for Line Locator use | |

|during normal business hours. An additional charge of $50.00 would be incurred should a request be made| |

|for use of Line Locator after hours or during a City Holiday. Motion by Hufnagel, supported by Kus to | |

|authorize the Supervisor to sign the Agreement between the City of St Johns and Bingham Township for |Reports |

|the use of an Electronic Line Locator. Motion carries. |CAFR |

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|Motion by Trebesh, supported by Harger to adjourn the meeting. |Meeting |

|The meeting adjourned at 9:30 p.m. | |

| |CAASA |

|Respectfully submitted, | |

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| |Treasurer’s Report |

| |Delinquent Personal Property |

|Helen Kus, Clerk |Taxes |

|Subject to approval at the Regular board meeting of June 13, 2011. | |

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| |Motion |

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| |Clerks Report |

| |Invoices |

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| |Motion |

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| |Supervisors Report |

| |Line Locator |

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| |Motion |

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| |Adjournment Motion |

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