Bingham Township Board Special Meeting Monday July 7, 2008 5:30 p.m. Bingham Township Hall 1637 S. DeWitt Rd., St. Johns, MI 48879 MINUTES The meeting was called and posted for the purpose of discussing: 1. City – Township Agreement 2. Election Inspectors for August Primary and November General Elections. Supervisor Ostrowski called the meeting to order at 5:35 p.m. with the Pledge to the Flag. Trustee Harger gave the Invocation Purpose Members Present: Supervisor Ostrowski, Trustee Trebesh, Treasurer Bond, Trustee Harger, Clerk Kus. Others attending: Jeanette Mehney, Tony Hufnagel. Roll Call Clerk Kus presented the Election Inspectors for the August Primary and November General Elections to the Election Committee which consists of Board members Ostrowski, Bond and Kus. Election Inspectors Invocation/ Pledge Motion Motion by Ostrowski, supported by Bond to accept the Election Inspectors as presented. Motion carries Supervisor Ostrowski forwarded the City/Township Sewer Agreement to Bill Fahey the Township’s counsel for this project. Mr. Fahey responded with his comments numbered 1-44. The Board went through each comment and discussed changes that it would like made. The board feels there are three points of concern. 1. The exclusivity has to be rectified. We have to have an option. We do not want to get ourselves into a corner. 2. The capacity issue. 3. Utility billing, specifically relating to delinquent billing and the time line the Township has to pay the City for delinquent bills. InterGovernmental Agreement for Sanitary Sewage Service between the City of St Johns and the Township of The intent of Supervisor Ostrowski and Trustee Harger is to present our Bingham questions and concerns to the other two committee members as soon as possible. If the changes requested by the Township are agreeable, the changes would be made and a joint meeting between both boards would be scheduled to finalize the agreement. Motion by Trebesh, supported by Harger to adjourn. Motion carries 1 Adjournment The meeting adjourned at 7:10 p.m. Respectfully submitted, Helen Kus, Clerk Subject to approval at the Regular board meeting of July 14, 2008 2 Bingham Township Board Regular Meeting Monday, July 14, 2008, 7:00p.m. Clinton County RESA 4179 S. BR127, St. Johns, MI 48879 MINUTES Call to Order Deputy Clerk Mehney called roll: present were Supervisor Ostrowski, Roll Call Trustee Trebesh, Treasurer Bond. Absent: Clerk Kus and Trustee Harger. Others Present: Tony Hufnagel, Harold Rappuhn, Joe Thelen, Don Potts, Leon Searles, Tom Wiersma, Chris Manning, Patricia Horan, Dennis Koenigsknecht and Paul McNamara. Supervisor Ostrowski led in the pledge to the flag. Treasurer Bond gave the Invocation. Invocation Pledge Adjustments to the Agenda. No.6 – Communications - ADD c) Trott & Trott - bankruptcy, d) PA116-Earl Barks Jr., e) Tri-County Electric, f) Mid Michigan Health Department annual report, g) Mahle Permit. No. 8 – Old Business – ADD d) Auditor Status, DELETE a) Invoice Payment Policy. Trebesh moved, supported by Bond to approve the agenda as amended. motion carries. Agenda Minutes of June 9, 2008. Trebesh moved, supported by Bond to approve the minutes of June 9, 2008 as written. motion carries. Minutes of July 7, 2008-Special Meeting. Trebesh moved, supported by Bond to approve the minutes of July 7, 2008 as written. motion carries. Minutes The following Communications were presented: a. A draft of the Proposed Clinton County Future Land Use Plan was presented. It looks like a very good plan for Bingham Township. b. The monthly Sherriff report was presented. c. Correspondence received from the law firm of Trott & Trott concerning a bankruptcy for a Mark Bruin. Bingham Township is listed as a creditor. It was passed on to Treasurer Bond. d. A PA 116 request was submitted by Earl Barks Jr., for land located at the northeast corner of US 27 and M-21. It is farm land that is land locked. e. A letter was received from Tri-County Electric concerning a public hearing scheduled for July 30, 2008 at 9:00a.m. They are going to raise rates for the Avery Rd area which is serviced by Tri-County. Communications 3 June 9, 2008 July 7, 2008 f. The Township received a copy of the Mid Michigan District Health Department’s annual report. It will be placed at the hall for anyone interested in reading it. g. Supervisor Ostrowski received by e-mail a copy of the permit issued for the Mahle expansion. Public comment opened at 7:15 p.m., closed at 7:15 p.m. Correspondence received from Leon Searles, manager of Searles Development LLC relating to the land gifted by Searles to the Township of Bingham in 1999. Additional real estate contiguous to the donated land was purchased by the Township in an installment purchase agreement. Searles Development LLC would like the gifted land returned to them, as well as the Township deeding back to Searles the contiguous real estate with the same terms as the original installment purchase agreement when the Township purchased the property from Searles. Searles believes that because Bingham Township is now undertaking steps to tie its sewer system to the City of St. Johns’ sanitary sewer system, that returning the donated land and selling back to Searles, the purchased land is the fair and appropriate thing to do. The warranty deed by which Searles Investments donated the land to Bingham Township contains the language “for so long as the land is used for municipal purposes, but if ever ceases to be so used, the land shall revert to the Grantor and its successors and assigns.” The fire hall is located on this land. Mr. Searles feels the donated land was for a mechanical treatment plant. He understands why we have gone in the direction we have concerning hooking up to the City. The Myrtle Parker land was also purchased by the Township as part of the plan. Mr. Searles has no problem with the Township retaining some of the property for a Township Hall; however the Township does not need thirty (30) acres for a Township Hall. Motion by Trebesh, supported by Ostrowski to contact the Township attorney, James Kiefer of Dykema Gossett for review and comment on this matter. Public Comment Old Business Searles Correspondence Motion to Contact Township Attorney. The board held a special meeting on July 7, 2008 and discussed forty City/Township four (44) comments that resulted from attorney Bill Fahey’s review of Sewer the City/Township Sewer agreement. Four basic issues were Agreement discussed and the board agreed to pass these issues on to the City/Township Committee for clarification. The issues were: 1.) Collection of delinquent bills, 2.) Usage, 3.) Exclusivity and 4.) Moving toward an Authority. It is the committee’s intention to meet and finalize this agreement. The Audit Process has been started. Auditor 4 Commissioner McNamara presented a Tax Allocation Fact Sheet concerning the Countywide Proposal that will be on the August 5, 2008 Primary ballot. The County has been very prudent in its financial matters. Supervisor Ostrowski commented on the County helping the Township financially in the appeal to the Michigan Tax Tribunal concerning land at 2401 Ontario Drive. County Commissioner Report Invoice Payment Policy Supervisor Ostrowski heard from Steve Schafer concerning a check approved by the board for purchase of Mr. Schafer’s computer that is at the Township Hall. Mr. Schafer has not yet received his check that was approved at the June 9, 2008 board meeting. Treasurer Bond is holding the check pursuant to the return of alleged township records. The records are available to us. Treasurer Bond will turn the check over to Supervisor Ostrowski and he will get it to Schafer. Steve Schafer Check for computer purchased by Township Correspondence received from the Clinton County Chamber of Commerce concerning membership. Table until the August meeting. New Business Chamber of Commerce Membership A policy for Township Hall access needs to be discussed. Motion by Bond, supported by Ostrowski to table until the August meeting. Motion carries. Township Hall Access Motion/Table BS&A charges $25.00 a month to do a back up of the entire software system. Motion by Bond, supported by Ostrowski to table until August meeting. Computer Backup CAFR received their audit for the year ending March 31, 2008. It appeared to be a clean audit. There are some policy issues that our representatives on the CAFR board are concerned with. Reports CAFR update A search is under way for a new permanent director. Promising candidates are being contacted to set up interviews. The City who is the major contributor to the ambulance authority has submitted a letter of withdrawal from the authority. The City can rescind their withdrawal if major changes are made to the Authority. Board members of Clinton Area Ambulance were invited to attend a meeting tonight to hear alternative ideas for ambulance service. Lansing Mercy and Lansing Mason presented their options on what they could do to provide Ambulance service. Lansing Mercy is already in Southern Clinton County. Both services said they would have units stationed here. CAASA update 5 Deputy Mehney presented the invoices for approval. Question concerning mowing service done by Robert Newman. Newman will be asked to submit a contract to the Township. Motion by Ostrowski, supported by Trebesh to approve invoices in the amount of $63,592.01 with clarification on check #5517 in the amount of $1,104.30. motion carries. Clerks Report Treasurer Bond presented receipts for June. A quarterly report and monthly report were presented. The June 1, 2008 beginning balance in the general checking was $217,018.86 and the beginning balance in the Debt retirement account is $161,221.04. The ending balance as of June 30, 2008 in the General fund is $150,224.86 and the ending balance in the debt retirement is $161,414.50. Motion by Ostrowski, supported by Trebesh to accept the monthly and quarterly report as presented. Motion carries. Treasurer’s Report Correspondence received from MDEQ concerning the sewer proposal has been very positive. The time table of how things need to be submitted as we move forward: Comments from MDEQ would be received by October 9, 2008. We would know the approval of the MDEQ project plan no later than February 26, 2009; however we will probably get it quicker than that. The format for the Townhall Meeting of July 28, 2008 would roughly have the CAFR fire chief and assistant present. Sue Lounds of the Clinton County News will be contacted to run an article about the Townhall meeting and the Township proposals. Supervisor Ostrowski will contact Sara Morrison of Briggs Public Library and ask her to be present to address any questions. The director or project director from the Road Commission will be invited to discuss questions concerning the renewal of the road millage. The Townhall meeting will take place on Monday, July 28, 2008 at 7:00 p.m. at Clinton County RESA. Supervisor’s Report Sewer Proposal MDEQ Motion Townhall Meeting Format Adjournment Trebesh moved, supported by Bond to adjourn the meeting. Motion carries. The meeting adjourned at 8:47p.m. Respectfully submitted, Helen Kus, Clerk Subject to approval at the Regular Board meeting of August 11, 2008 6 Bingham Township Townhall Meeting Monday July 28, 2008 7: 00 p.m. Clinton County RESA 1479 S. BR 127, St. Johns, MI 48879 MINUTES The meeting was called to order at 7: 03 p.m. with a welcome to all present. Supervisor Ostrowski led in the pledge to the flag. Trustee Harger gave the Invocation Welcome Pledge /Invocation Supervisor Ostrowski introduced himself, followed by Treasurer Bond, Clerk Kus, Trustee Harger and Trustee Trebesh. Introduction of Bingham Township Board The meeting was called and posted as a Townhall Meeting to be Purpose informational to residents of the Township concerning the millage proposals on the Primary Election ballot of August 5, 2008. Residents were also encouraged to ask questions or offer comments relating to the City/Township Sewer Agreement and any other questions concerning Bingham Township. Sample Ballots for the August 5, 2008 Primary Election were displayed. Sara Morrison of Briggs Public Library and Sandy Steffen the Library Board Representative from Bingham Township were introduced. Joe Pulver, managing director of the Clinton County Road Commission was presented. Chief Gary Rosekrans, Dan Jorae, Cheryl Parks and numerous other personnel were present to represent CAFR. Jim Fyvie of Central Dispatch/911 was introduced. Paul McNamara, Clinton County Commissioner representing residents who live north of Parks Road in the Township was introduced. Introduction of Guests Paul McNamara discussed the Countywide Proposal. This proposal will Countywide raise an additional 1 mill for the township. Proposal The Library Millage is asking for a renewal of .497 mills. Library Approximately 54% of the Township residents utilize the Briggs Public Millage Library. There are roughly 1,372 active patrons from Bingham Renewal Township. Bingham Township and the City are the only jurisdictions who dedicate a millage to the Library. 7 The Road and Bridge Millage is asking for a renewal of 1 mill, a reduction of ½ mills from the previous millage. All of the dedicated millage money for this proposal stays here in the township and is used on township roads. Many projects and repairs have taken place this spring and summer with the money that was paid back to the Road & Bridge Fund. Joe Pulver stated that a Road Millage is a very solid way for the township to get a payback for the buck. The money is all used locally on Township Roads. Everyone benefits from this millage and it is a wise use of a good tax. An additional 35% of money is received from the County. Road & Bridge Millage Renewal The Fire Protection Services and Equipment Millage is asking for 1 mill. This is a new request. This would help fund our participation in CAFR. Chief Rosekrans will answer any questions. Fire Protection Services & Equipment Millage Public Comment opened at 7:20 p.m. Public Comment Questions and concerns were raised about fire run billing, the recent fire in Bingham Farms, fire fighter response times and other questions concerning fire service. The ISO rating was discussed and what benefit it would have on Homeowners Insurance. The City/Township Sanitary Sewer Agreement was discussed. Supervisor Ostrowski explained the ACO from MDEQ concerning the lagoon. Clinton Area Ambulance service was discussed. Approximately 49 persons attended this meeting. The meeting ended at 8:20 p.m. with cookies and punch. Bingham Township Special Meeting Monday August 18, 2008 7: 00 p.m. Clinton County RESA 1479 S. BR 127, St. Johns, MI 48879 MINUTES The meeting was called to order at 7: 00 p.m. with a welcome to all present. Call to Order Roll Call Clerk Kus called roll: present were Trustee Trebesh, Treasurer Bond, Supervisor Ostrowski, Clerk Kus, Trustee Harger arrived at 7:07 p.m. 8 Others present: 65 members of the public. Sign in sheet on file. Pledge /Invocation Supervisor Ostrowski led in the pledge to the flag. Treasurer Bond gave the Invocation The meeting was called and posted as a Special Meeting to discuss Fire Purpose Service for the Township. The Fire Service and Equipment Millage Proposal on the August 5, 2008 Primary Election Ballot failed. Items to be discussed are as follows: Overall Fire Protection Services in the Township. The Township’s involvement in Clinton Area Fire & Rescue. The funding options that could be available to Bingham Township and a course of action to fund the Fire Service. The deadline to submit a proposal to go on the November ballot is August 28, 2008. The Township Board is committed to listening to what the public has to say. A decision will be made this evening on whether or not to place a millage proposal for Fire Service on the November Ballot. Supervisor Ostrowski introduced board members: Trustee Harger, Trustee Trebesh, Clerk Kus, Treasurer Bond. Introduction of Board The board members outlined the following options: Do Nothing, which was found unacceptable because of the pressure put on the General Fund budget. We can not afford to support Fire Service out of the General Fund. The other option was to ask for another millage or a variation of the previously proposed millage. Depending on the results of the opinions of the public, a decision would be made on the future of Fire Protection Service in the Township. Options A Power Point presentation was given by Chief Rosekrans and Bob Parks of CAFR. It outlined services and equipment of Clinton Area Fire & Rescue. 85 % of CAFR calls are Medical First Responder calls. Bingham Township is one of three partners in CAFR. Greenbush and Victor Townships are the other partners. The CAFR agreement was signed in June of 2001 and is for a period of ten years. The formula used to fund CAFR is: 1/3 SEV, 1/3 population and 1/3 previous year fire runs. Each partner pays their share according to this formula. Chief Roskrans stated that CAFR is out there to serve and protect the Townships. Public Comment opened at 7:17 p.m. The following members of the public offered comments and opinions: Chief Rosekarans, Bob Parks, Doug Weir, Julie Jandernoa, Lieutenant Sullivan, Martha Andrews, Alan Harr, Frank Pauli, Tim Smith, Patricia Horan, Jeff Silm, Joyce Crosby, Jennifer Johnson, Harold Rappuhn, Dale Jury, Neil Barnhart, Glenn Jandernoa, Gary Van Orsdol, Bob Crosby, Dan Jorae, James Johnson, Dick Plowman, Larry Love, Cheryl 9 Power Point presentation by CAFR Public Comment Parks. Discussions concerning the best service for the least amount of money. No duplication costs. Separate Fire and Rescue so there is not double coverage for ambulance and MFR. Can we join with the City for fire service? Is an effort being made for a joint venture with the city? The township has ownership in CAFR. Fire Service with other entities would be for service only. Is Regionalization an option? No one is disputing the dedication and ability of the members of CAFR. The quality of service is not in question. The City provided good fire service when we used them before. This entire issue is about financing. Fire Service can no longer be funded out of the general fund. Supervisor Ostrowski had information received for Jim Fyvie of Central Dispatch. In 2005 Bingham township had 40 fire runs, 36 in 2006 and 49 in 2007. Resuce runs in 2005 were 69, 2006 also 69 and 88 in 2007. EMS runs for 2005 were 102, 2006 – 108 and 2007 – 139. Rescue runs are MFR (Medical First Responder) and EMS. Chief Rosekrans had figures for 2008 with 62 fire runs of which 60% were for car fires, 38 medical runs and 14 mutual aid runs. Time is of the essence. The budget is set through March of 2009. We do not want the cost of a special election. We need to make a decision tonight. Until a person is waiting for emergency service to save or help a loved one, people are unaware of the value of these services. Has CAFR looked at their budget and made cuts and reductions? The Bingham Township representatives on the CAFR board voted to not accept the budget because it was felt by the Township board the cuts need to be made. What are the options available for a millage proposal for the November Election? The millage proposal could be for one half mill for two years or one half mill for four years. The proposal could also be for one mill for two years or four years. Our agreement with CAFR is through 2011. What would it cost to get out of the agreement? How long is the loan extension for? The township needs to fulfill their loan agreement even if we are no longer a part of CAFR. We do not have an amount for contracted services from any other authority. The City has asked us to join them put have not put a proposal in writing to us. The City option would be for Fire Service only. The Township left the City because they felt the City was not willing to invest in equipment that best served the townships. The cost to stay with CAFR would be about the same next year as this year. The township needs to come up with a solution on what to do about fire service. Numerous recommendations to go back to the people and ask for millage for two years to get us through the agreement with CAFR. That would also give the board time to look at all options. The turnout was very poor at the Primary and we would get a lot more voters for the General in November. A larger voice would be heard from the township residents. The proposal is not about CAFR versus the City. It should be about Fire Protection Services. We need to be more creative in what we ask 10 Fire Runs/MFR & EMS Public Comment continues for. Our agreement with CAFR is up in 2011, but we must continue to pay the loan debt until 2013. People are basing their decisions on things that happened many years ago. The climate has changed and people need to be educated on the services and equipment provided by CAFR. Question raised on cost per capita. According to the City of St Johns study their cost per capita was $31.52 with an annual budget for their area and half of Bengal Township of $252,277.00. CAFR is $401,812.00 for three townships. The difference in population is 8000 for the City and 7863 for CAFR. The cost per capita for CAFR is $51.10 which reflects the budget. The cost per call for the City of St Johns is $4069.00 and the cost per call for CAFR is $1362.00. Dewitt Area Fire has 9500 people with a budget of $273,150.00 with cost per capita of $28.75 and cost per call is $986.00. The distinction is that CAFR is a new Fire Station. City of St Johns does not provide Medical First Responder. Go back to the voters and ask for a two year millage. Majority is supposed to rule. The voters spoke in August and turned down the millage. Why are we asking again? Approximately 17% of the township voted. Trustee Harger is a member of CAFR and urges anyone having questions or comments concerning CAFR or any matter related to the Township to call him. Board Discussion on the number of years and amount of mills. Motion by Bond, supported by Kus to place on the ballot of November 4, 2008 a millage proposal for one mill for a period of two years for Fire Protection Services. Discussion follows. More public comment allowed. The people voted once and said no. The voters should not be asked again. There is a new proposal being asked for. It is different from the previous proposal. It is not the board’s responsibility to educate the public on this matter. Information needs to be put out there on the importance of this millage. . Respectfully submitted, Helen Kus, Clerk Subject to approval at the Regular board meeting of September 8, 2008. 11 Cost per Capita Public comment continues 12 Respectfully submitted, Helen Kus, Clerk Subject to approval at the Regular board meeting of July 14, 2008 13