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 |
| | |
|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. | |
| | |
|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 |
| | |
|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. | |
| | |
|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. | |
| | |
|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. | |
| | |
|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. | |
| | |
|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 |
| | |
|Motion by Kus, supported by Harger to open session at 7:59 p.m. | |
|Motion carries. | |
| | |
|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. | |
| | |
|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 |
| | |
|Nothing additional to report. | |
| |CAFR Litigation |
|Nothing additional to report |Motion |
| | |
|Nothing additional to report | |
| | |
|Nothing additional to report | |
| | |
|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 |
| | |
|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. | |
| | |
|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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