Minutes of the Clay Township Regular Board Meeting Held Monday May 17, 2010 in the
Clay Township Meeting Hall 4710 Pointe Tremble Road, Clay Township, Michigan
Supervisor DeBoyer opened the meeting at 7:30 p.m. with the Pledge of Allegiance
ROLL CALL
PRESENT: Supervisor Jay DeBoyer, Clerk Lisa White, Treasurer Connie Turner, Trustee
Thomas Krueger, Trustee John Horvath, Trustee Joanne Shirkey
ABSENT: Trustee John Makuch
Citizens: Sixteen
SOIL REMOVAL PERMIT PUBLIC HEARING
Supervisor DeBoyer opened the public hearing at 7:35 p.m, anyone wishing to speak on the soil
removal permits may do so.
Donna Horvath, 2040 Golf Course Rd: The stockpile in the picture with our application is not
dirt it is manure
Motion by Krueger, supported by Turner, to close the public hearing at 7:40 p.m.
AYES: All
NAYES: None
MOTION CARRIED
BILLS PAYABLE
Motion by Turner, supported by Shirkey, to pay the bills in the amount of $156,706.94
ROLL CALL VOTE
AYES: DeBoyer, Horvath, White, Shirkey, Turner, Krueger
NAYES: None
ABSENT: Makuch
MOTION CARRIED
CONSENT AGENDA
Motion by Krueger, supported by Turner, to approve the Consent Agenda as submitted with the
reading of the notices and communications
Shirkey: There is a correction on page 3; firefighter is Kim Salmon, not Tim Solomon
AYES: All
NAYES: None
MOTION CARRIED
Supervisor DeBoyer read the notice of the Budget workshop Thursday May 27th and Memorial
Day hours
Clerk White read the thank you letters to the Fire Department
UNFINISHED BUSINESS
1. Detroit Port Authority
DeBoyer: There have been ongoing discussions and we have a representative with us tonight
Jim Dunn: Here on behalf of the Wayne County Port Authority. Director has been delayed.
Reason here, the Detroit Wayne County Port Authority has responsibility for the Detroit River as
the designated recipient of the Home Land Security. We are responsible to make sure the river is
funded with the necessary equipment, we’re part of the strategic planning and we are
maintaining all the strategic plans and coordination of those plans. Part of our plan is to maintain
communications with the Canadian mainland and to assure people are allowed to go back and
forth if we should lose the Detroit tunnel and/or Ambassador Bridge. Many medical personnel
live in Canada that service our medical facilities and it would impact our ability to serve the
community if we lost that link. We are a Tier II recipient and can receive money that we can
distribute for projects that deal with border security. We have been concerned with Champions
ferry and other ferries that deal with hazardous waste because that would be the only link in the
event either of the two previously mentioned were destroyed. There has been a problem with ice
in the river recently so we’re interested in acquiring iceboats that would carry about 20 to 30
passengers. They would serve as emergency vehicles, available to the Home Land Security
Department for security of the border. Try to make them available to parties that have a law
enforcement or emergency roll. We would like to do this for this area. Could be put here and
one could be used
Minutes of the Clay Township Regular Board Meeting Held Monday May 17, 2010
Page 2
and maintained by Champions ferry, one would be kept in reserve. We could use them with you
for emergency services and other transportation, public transportation, during times when ice
prohibits use of the ferry. That is the only time they would be used other than times used for the
emergency services here. In applying for the funds have to attests we have the ability to operate
and ability to go into those areas. Our jurisdiction is questionable as to the river that goes by
Harsens Island, we don’t have the ability to operate them here. We asked you to sign an
Interlocal agreement so we have the ability to operate those boats. We don’t have funds to
operate them and we don’t intend to operate them. We would make them available for
emergencies. If we can operate in your waters then we can make the added stations necessary.
This agreement is intended to provide emergency services, which could be public transportation
services; no intent to circumvent any other agency as it relates to fares and agreement says you
can only operate in those waters. We are going to apply for the boats and would nice to have on
for this area. If you agreed we would apply for ability to get the vessels, station them here,
operate them with a fare, which would be to cover costs. We would have complete authority
even though they would be here with you. Not necessary to have your blessing but if you agree
then you could participate with us in the winter.
DeBoyer: Asked Attorney McNamee to express some of our concerns.
McNamee: This not something that can’t be addressed and resolved rather quickly. The problem
with the document is that it is a boilerplate document. It establishes public transportation
services, it isn’t restricted to emergency services. I understand this is to purchase two airboats
for emergency services that could be used for transportation during ice jams. Problem is that this
resolution doesn’t restrict it. One concern is this was done 12 years ago through the County and
the Blue Water Transit Authority. The stated purpose was to get funding for the ferry system
and then request was made to Michigan Public Service Commission since the Blue Water Transit
Authority had been designated as a Public transportation service and that eliminated the
Michigan Public Service Commission from any rate regulation or oversight over the ferry. That
was a shock to the County and the Blue Water Transit Authority they had no idea this was going
to be suggested and creates jurisdictional authority with the Harsens Island Transportation
Authority. My concern is we don’t get into anything that would exclude the Michigan Public
Service Commission; they provide us with everything required with a regulation of a public
transportation service in Clay Township. There is a question of how the boats will be titled,
fares that may be charged for the emergency services. Don’t have a problem with an Interlocal
agreement that is limited to the procurement of the boats. The language needs to specifically
address that, so there is no argument made that the Detroit Port Authority has usurped any
authority to regulate the ferry in Clay Township. Think it can be accomplished.
DeBoyer: Like to open it to the Board.
Shirkey: Think it would be to the advantage to our citizens if we could make the language as you
stated.
DeBoyer: On of the initial concerns is that Clay Township does not want to get into the
transportation business. Probably the engagement with Champions is that you already have a
relationship with them and secondarily we would need someone to operate the vessels. After
talking to Mr. McNamee I think we can address those issues and what I’m looking for is an
agreement that would allow Mr. McNamee to enter into discussion with Mr. Dunn to come up
with a resolution we would all feel comfortable with.
Dunn: There is a hidden agenda here; it is to take advantage of the money the Federal
government is making available and to make our river as safe and as modern as we can. In
Wayne County there are funds available for new docks for vessels that will play a significant roll
in the event of a national disaster or emergency. Our intention is to make every port north of
Port Huron to south of Monroe as modern as possible. Not just transportation but other first time
providers. This is Home Land Security funding, they are much more specific about the
equipment. The reason for the transportation language is so we can argue why we need it and
they will approve it if we give them a good case. There is no intent to circumvent, we do want to
see the people serviced in the event of a national disaster or ice in the river.
DeBoyer: Being the level port you are you are appropriated through the act of congress for your
funding rather than a grant. You do have a bank account and a budget and allows to spend and
promote these kinds of issues.
Krueger: Do you feel you would be able to narrow the scope of the agreement to cover the
concerns we have addressed tonight and still be advantageous to the Port Authority and this local
area to obtain additional funding if it should come down the pipe?
Minutes of the Clay Township Regular Board Meeting Held Monday May 17, 2010
Page 3
Dunn: I am not positive about that. Part of the problem is if you have to amend before you
apply for anything you have to have the documents approved prior. I do think whatever is
necessary to convince you that we are not trying to circumvent can be accomplished. Would like
to see the broadest possible language so we can apply for the maximum money.
McNamee: The broadest possible language was used in the Blue Water Transit matter and then
it was used to suggest that that encompassed all aspects and the argument was made that the
Michigan Public Service commission had no jurisdiction. It was never the intent of the County
or the Blue Water Transit. The agreement was so expansive it didn’t say it was limited to
obtaining funding for this purpose. We can use general and broad language but it should state
what we are talking about here in some fashion that this is for emergency services. I asked Mr.
Dunn today who would insure the boats.
Dunn: We don’t operate the vessels so the operator would insure the boats but it would be
covered in the cost of the fare.
McNamee: Who is the boat titled to?
Dunn: Not sure, probably the Federal government, it will be government agency, not a private
operator.
DeBoyer: Who contracts with whom, does someone have to contract with Champions ferry?
Dunn: If the vessel were provided to Champions to operate in an emergency someone would
have to say it was okay to operate it in a public way.
McNamee: In a non-emergency circumstance where you say you are going to provide for public
transportation
Dunn: I would assume Wayne County Port Authority in conjunction with Clay Township.
McNamee summed up the things that need to be addressed.
DeBoyer: Is the Board comfortable with letting Mr. McNamee enter into further conversations to
get what we’re after?
Horvath: As long as he understands what we are after.
Motion by Horvath, supported by Krueger, to allow Mr. McNamee to enter into conversations
with Mr. Dunn.
Krueger: Will all that’s going on with Home Land Security I would assume there’s money out
there that the port authority could avail itself of and maybe other things could come our way and
that’s why you wanted it so broad.
Dunn: That’s correct. If we could purchase another auto ferry in the event we lose the tunnel or
get Champions better ferries, etc.
Krueger: We want it broad with the one caveat that will make it as narrow as needed and I
assume there is a cancellation clause in it.
Dunn: Yes there is, think the statue dictates it.
YEAS: All
NAYES: None
MOTION CARRIED
McNamee will bring it back to the next meeting.
DeBoyer: I would like to make adjustment to the agenda. Bring item #10 up to #2 and then
move the rest down so Mr. Beauregard can give his presentation.
Motion by Shirkey, supported by Krueger, to amend the agenda as suggested.
AYES: All
NAYES: None
MOTION CARRIED
PUBLIC COMMENTS RELATING TO ANY NEW BUSINESS
M. Kras, 6355 Genaw Rd: Comments on #5 and suggested changes to Little League
NEW BUSINESS
1. Soil Removal Permit Renewals
Motion by Turner, supported by Krueger, to approve #47-6, Jon McLane, 3601 Rattray Road
AYES: All
NAYES: None
MOTION CARRIED
Minutes of the Clay Township Regular Board Meeting Held Monday May 17, 2010
Page 4
Motion by Turner, supported by Krueger, to approve #47-13, Robert Bryson, 3272 South
Channel Dr
AYES: All
NAYES: None
MOTION CARRIED
Motion by Turner, supported by Krueger, to approve #47-16, West Wood Lake Phase I & II,
Vacant Benoit Road
AYES: All
NAYES: None
MOTION CARRIED
Motion by Turner, supported by Krueger, to approve #47-17 Silent Acre Farms, 2040 Golf
Course Rd
AYES: All
NAYES: None
MOTION CARRIED
Motion by Turner, supported by Krueger, to approve #47-18, Wilderness Lake, 8500 McKinley
Rd
AYES: All
NAYES: None
MOTION CARRIED
Motion by Turner, supported by Krueger, to approve #47-19, Blue Water Materials, LLC, 3480
Fruit Rd
AYES: All
NAYES: None
MOTION CARRIED
2. Request for Donation to “Legends of Algonac”
Supervisor DeBoyer introduced Pete Beauregard, representing the Legends of Algonac
committee and the Algonac/Clay Historical Society.
Mr. Beauregard explained the history of Chris Smith and Gar Wood and the plans put in place by
Herb Pocklington for a statue of the men at the Algonac-Clay Historical Society site. There will
be a unveiling on June 27, 2010. Asking for a donation from Clay Township for the statue.
DeBoyer: What is the total cost of the project?
Beauregard: About $110,000, the statues themselves are about $70,000, the majority of the
donations have come from the people of Southeastern Michigan, including Algonac, and antique
boat chapters from around the country.
DeBoyer: Parks and Recs money, checked and money can be used for any park that is available
to all Clay Township residents.
Turner: Have been collecting for the past ten years, have started using for the park next door,
contribute $25,000 to the Algonac pool, feel should make a contribution. We have close to
$650,000 in the Parks and Rec fund and it has to be used for parks and rec.
DeBoyer: We do have money earmark for our park this year.
Motion by Turner, supported by Horvath, to approve a donation of $25,000 Parks & Rec money
for the Legends of Algonac,
Krueger: We’re sure this fits in the confines of the Parks and Recs?
DeBoyer: Spoke to Mr. McNamee today, provided it is a facility that is accessible and usable by
the entire Clay Township.
Turner amended the motion to add, “pending approval of Township attorney”. Horvath
supported.
ROLL CALL VOTE
AYES: Shirkey, Horvath, White, Krueger, Turner, DeBoyer
NAYES: None
ABSENT: Makuch
MOTION CARRIED
Minutes of the Clay Township Regular Board Meeting Held Monday May 17, 2010
Page 5
3. Resolution to Set Public Hearing for Aquatic Management
Motion by Turner, supported by Shirkey, to adopt Resolution #1, for June 21, 2010 at 7:30 p.m.
ROLL CALL VOTE
AYES: DeBoyer, White, Horvath, Krueger, Turner, Shirkey
NAYES: None
ABSENT: Makuch
MOTION CARRIED
4. Approval of DRC Budget
Turner: The DRC has approved it and has gone to City of Algonac, just needs our approval. This
is for July and August only August 31, 2010 will be end of DRC
Motion by Turner, supported by Shirkey, to approve DRC budget for July and August of 2010.
ROLL CALL VOTE
AYES: Krueger, Turner, White, DeBoyer, Horvath, Shirkey
NAYES: None
ABSENT: Makuch
MOTION CARRIED
5. Local Road Improvements
DeBoyer: Took a ride with Road Commission. This is general maintenance items. The mowing
item I would like held out and discuss it with Water Department Superintendent; we have a
tractor and did the cutting ourselves last year and saved some money and would like to see if can
do the same this year. Some will be in this years budget the others will be in next years.
Shirkey: On last page, limestone hauling by private contractor, the County trucks won’t be
doing?
DeBoyer: Worded that way in case they have to hire contractor to haul it out of the yard, most
times they do the hauling.
Krueger: The Harsens Island lime haul, this encompasses all gravel roads?
DeBoyer: Yes, as they are slated
Motion by Turner, supported by White, to include shoulder patching on hard surface roads for
$6500; two applications of chloride at 1800 gallons per mile for $25,500; repair cracks on
various township local roads (Morrow, Starville, Phelps, Lakepointe and Bayview Shores) for
$10,000; seal patching various locations on Harsens Island and mainland local roads for $10,000;
limestone on local roads on Harsens Island (Little, Stewart, Krispin) for $7,200; limestone on
dead-end roads on mainland (Peters, Willow, Ford, Clay, Island Dr) for $4,824; limestone on
local roads in Clay Township for $20,108; for a total of $84,132.00
DeBoyer: There are some other items such as drainage we will address later in the year.
AYES: All
NAYES: None
MOTION CARRIED
6. Little League “Building the Field of Dreams 2010”
Mrs. Cope: Presented program for raising funds for updating for the Little League baseball field.
Looking for donations.
Krueger: Where is it being built?
DeBoyer: Middle school. The problem we have is the boundary line for the Algonac Little
League is Pearl Beach. Everyone that lives west and north of Pearl Beach is not in our Little
League program. When we contribute to something it has to be in the entirety of Clay
Township, which it is not. Moving the boundary is at the discretion of the Little League
corporate. Dollars taken in by us are designed to be spent for Clay Township. So we cannot
mark funds for an entity that is not providing service to the entire Clay Township.
McNamee: I do believe there may be an issue. I will look at it very carefully and get an answer
for you.
Turner: If the boundary was moved could we?
McNamee: There is restriction; it is still an outside organization. Might be able to enter into
some kind of agreement with the school, mutual participation.
Kras: The fields are in need of repairs and the Little League is trying to bring it up to date.
Motion by Horvath, supported by Turner, to postpone this and bring it back
AYES: All
NAYES: None
MOTION CARRIED
Minutes of the Clay Township Regular Board Meeting Held Monday May 17, 2010
Page 6
7. Request for MTA Class
Turner: This is Policy and Procedures, this comes from the General Fund, and Travel and
Education expense is already over.
DeBoyer: When we discussed it in relation to item #9 it was thought it would provide some
background.
Shirkey: This workshop entails more than what we have and I could get the background and
bring it back to the Board.
Discussion of costs and locations
Motion by Horvath, supported by Krueger, to deny the request
AYES: Five
NAYES: One
ABSENT: One
MOTION CARRIED
8. St. Clair County Board of Commissioners Meeting of Wednesday August 18, 2010
DeBoyer: Annually the Board sends notices to municipalities and I would like to do this.
Motion by Krueger, supported by Turner, to allow the St. Clair County Board of Commissioners
to hold their meeting on Wednesday August 18, 2010 at 6 pm in the Clay Township Meeting
Hall.
AYES: All
NAYES: None
MOTION CARRIED
9. Discussion of Forming Fire Authority with City of Algonac
DeBoyer: Have had discussion with the City Manager with the thought of, is Clay Township
interested? Their fire chief is retiring, before looking for replacement wanted to explore this.
Also talked with Ira and part of Cottrellville Townships. Before exploring further wanted to
bring it to the Board. This is just granting me authority to get into formal conversations with
them. Something happening now is a lot of grants are based on cooperatives with other
communities. DeBoyer explained how an authority works.
Motion by Shirkey, supported by Horvath, to approve the Supervisor entering discussion with
the City of Algonac for information for forming a fire authority
Krueger: Suggest also give him authority to go to Ira and Cottrellville too.
Shirkey amended the motion to add Ira and Cottrellville, Horvath supported.
AYES: All
NAYES: None
MOTION CARRIED
10. Discussion of employee Policy & Procedure Manual
DeBoyer: This is very generic form, went to MTA and they suggested this is the best they had
seen; I took the template and made some modifications. We will probably delete some and add
some but wanted to get this to you for review. We can bring it back in a month or so.
PUBLIC COMMENTS
None
BOARD MEMBER COMMENTS
Horvath: Comments on the Soil Removal permits, thanks to Mike Kras and Patty
ADJOURNMENT
Motion by Shirkey, supported by Krueger, to adjourn the meeting at 9:12 p.m.
AYES: All
NAYES: None
MOTION CARRIED
Lisa M. White
Clay Township Clerk
Prepared by
Dorothy DeBoyer
Deputy Clerk