Orangeville Township Board Meeting

ORANGEVILLE TOWNSHIP BOARD MEETING September 4, 2012

Meeting called to order at 7:00. All board members present. Also present: Fire Chief Boulter, County Commissioner Craig Stolsonburg and 9 guests.

Motion Ritchie; support Perino to approve the minutes from the August 14, 2012 board meeting. All ayes. Motion carried.

Motion Ritchie; support Perino to rescind motion to amend the July 3, 2012 minutes correction adding the word “alleged” in the County Commissioner’s report after Commissioner Stolsonburg clarified his statement from last month. Motion was made last month to add word alleged when Commissioner Stolsonburg reported on the Veterans Affairs embezzlement.

Treasurers Report: August receipts------$9,327.23 August disbursements------$137,634.14

Correspondence: Financial reports from Siegfried Crandal, gift membership to the Southwest Michigan Land Conservancy, Barry County Road Commission’s estimate to redo the Gun Lake Sewer Authority drive. This will be paid for by GLSA.

Fire Department: Fire report read by Chief Boulter and put on file.

Commissioner’s Report: County Commissioner Craig Stolsonburg reported on the following: County’s proposed balanced budget for 2013 with no layoffs. County received $300,00 extra for operating expenses. Recent contract with Eaton County for equalization services in the amount of $80,000 as previous equalization administrator retired and a replacement. Contract with United Way regarding Veterans Affairs. Mr. Stolsonburg also reported on possible solution to the animal control issue with the hiring of a director. Resident George Williston asked if the board of commissioner’s had formed a commission to look into fracking. Commissioner Stolsonburg replied that the commissioners had spoke with their attorney and looked at all the laws and they have no power over the gas and oil companies.

Library Report: Marlene Leep from Martin Library reported on the summer reading program. Mrs. Leep also reported that the Gun Lake Casino had donated $1,000 to the library. Trustee Perino read a letter written by Ruth Perino to the Gun Lake Casino thanking them for their gift of $1,000 to the library.

Parks and Recreation: Mark Paradowksi announced that the softball will be done for the rest of the year, however the fields may be used for kickball. Orangeville Days attendance was 2500 to 2800 people. Revenue was $6,700 with $1,000 left. Orangeville Open will be held on September 29. Volleyball courts will be this fall. Mr. Paradowski stated that there had been one complaint during Orangeville Days regarding loud music.

Marlene Gregersen reported that the OCO’s “Soups On” has 690 attending. Ms. Gregersen also reported on the recent success of the clothing and backpack drive. The Orangeville Bridge Walk had 44 people in attendance raising $800. for “Smiles for Christmas”

Public Comment: George Williston provided the board with an article from “Scientific American” with a study from Duke University regarding hydraulic fracturing and a newspaper titled “Flowback” printed in New York dealing with hydraulic fracturing. Mr. Williston stated that there has been a federal grand jury and Chesapeake Energy has been subpoenaed over the Michigan land auctions. Mr. Williston said he had met an Orangeville resident named Dr. Klugh, a scientist, who used to run Kellogg Biological Field Station for Michigan State University. Mr. Williston said Dr. Klugh was involved in the 1970’s helping the Michigan consolidated gas companies near Mt. Pleasant, that had methane wells that were vertically fractured near homes. Methane separators had been placed near the homes with bacteria specifically to eat the methane. The bacteria then invaded the wells and came out a “brown slime”. Michigan Consolidated Gas then put in chlorinators ahead of the methane separators to try and kill the bacteria and weren’t able to. The gas companies bought the homes as they were uninhabitable. Mr. Williston stated the “perfect record” regarding fracking was not based on science. Corrine Turner read a statement in regards to the September 19 meeting. Ms. Turner thanked the board for inviting Attorney James Olson to share his knowledge of environmental law. She also asked if Professor Maryann Lesert of Grand Rapids Community College could also be invited to speak at the September meeting. The board agreed to this request. Contact information was provided. Supervisor Rook said he was working on inviting the DEQ to the September meeting so there would be a balanced presentation. Corrine Turner replied that Professor Lesert might have a problem with giving a presentation with the DEQ as she has done many meetings with the DNR and DEQ representatives that have been misleading and disrespectful. Ms. Turner also stated that most of the Orangeville Township residents are unaware of what shale fracking is and they need to educated in addition to being alerted to legal ramifications. Perino: Why do you say she would not be willing to speak? Turner: It’s just a comment she made one time, that she had attended so many meetings where the DEQ presented outright falsifications of the facts and Mr. Williston pointed out the scientific facts. They have been denied over and over, even in taxpayer funded pamphlets from the DEQ that say that there’s no dangers, there’s never been an accident. We know for a scientific fact that’s not true. Rook: That’s all we’re after is education. So people know what’s coming. Goy: Wouldn’t she agree to come to balance it out? Turner: I’ve attended a lot of these meetings where farmers come because they want to find out what they are getting into if they sign a lease, and they’re just basically outright lied to. I didn’t realize that the intention of the board was to present another informational meeting as far as should you sign a lease or not. I thought is was basically providing people with objective information. Goy: I think what it basically started out with is just asking Mr. Olson questions and seeing what as a township we can do. Orangeville resident Larry Plamondon stated the following: “I have been to most if not all of the presentations that Maryann Lesert had presented. Professor Lesert’s issue was that she speaks on the same panel as the DEQ and was confronted with the contradiction of either responding to what many of us perceive as lies or as soft peddling or some had even said that the DEQ sounds like a spokesman for the drilling companies. So she’s confronted with either trying to refute these lies or give her presentation that’s she’s worked on. I think that’s her issue. I would like to see her come even if the DEQ is here. I have been researching other cases of water pollution, polluted wells, ground water, aquifers in other states where people have brought suites against the gas companies and of course the scientific evidence is overwhelming, the parts per million, part per billion that’s there and that cannot be denied. But the oil companies in their benevolence and their love for our community, they say that you can’t prove that we’re responsible for that because you don’t have a benchmark, you don’t have a baseline. Mr. Plamondon purposed that the township should test its well so as to have a benchmark. Mr. Plamondon stated there were lab companies, or the people themselves could have their wells tested. Supervisor Rook stated he could take samples and they would be accepted in court. Trustee Perino said the suggestion was a good one. Mr. Perino stated that we had to deal with what Michigan has been doing. Perino to Plamondon: I’m hearing a lot of disparaging remarks against the DEQ and your verbiage is very strong. The DEQ is the ruling body for all environmental issues that are water based. So you have to have them speak and you have to have them involved with the testing, because any judge is going to say what are the scientific findings. Goy to Perino: Bob, why do we have to have the DEQ involved in the water testing. Perino: Because they’re the Department of Environmental Quality and their responsibility is water. Goy: People don’t have the DEQ when they have their water tested. Perino: No, you don’t have to do it. Goy: Tom could test it. Perino: But if the state is going to take dramatic action, they’re going to ask the Department of Environmental Quality about the findings that we present. Looking at the entire picture, I’m hearing people saying don’t invite the DEQ at an informational meeting. You’re leading the witness here because someone would say what is the DEQ’s position on this. You people are involved, emotionally involved. George (Williston) comes in with one or two articles every meeting. Do you think people know about fracking? If you ran a survey, they don’t know. And so the purpose of this meeting, and we are going to advertise it in the newspapers, but it serves your purpose if the DEQ presents and now I’m hearing a professor say well I don’t want to speak if the DEQ is present. Corrine Turner: That was hearsay. Perino: Well you said it. All I’m saying is I don’t think it’s irresponsible to have the DEQ present at this meeting. And then when you say that they’re liars, then you’re talking about state departments. I don’t know how to respond to that. Treasurer Ritchie: We represent the people and from what I’ve heard the proof of everything that’s brought in, the DEQ is lying. And what he’s saying is when do the people stand up. From all the information I’m gathering, I am just a little bit afraid that the DEQ is selling us out to the gas company. That’s my opinion. As a citizen that’s my opinion. We’ve let things go for so long, not just here but all over the world that when do the people stand up say this is it. That’s what these people want. There’s proof here that they (DEQ) are lying to us. Perino: All I’m saying is, I want to make myself abundantly clear here, is that we and I’m going to speak for myself, are thinking seriously of inviting the DEQ, because that is the State of Michigan authority along with the Department of Mining, which is ultimately making judgment on this. You have all the right to do that. I become very concerned, and as a trustee, with over site over this board, when someone says that we don’t want to invite the DEQ. It doesn’t make sense to me. Ritchie: I’m not saying I don’t want the DEQ, I’m saying that if they come Tom is going to have to make a stand here and stop the argument and not let the DEQ run over this woman or vise versa. She wants to come and present the facts. Trustee Ribble: I’ve had many people say is the DEQ going to be there. Rook: I’m telling you right up front the DEQ will be there if I can do something about it. I want to hear both sides. We are going to have a balanced meeting. If people need to know what’s involved with the leases, it’s an educational meeting. Goy: Nobody is saying we don’t want the DEQ. Corrine Turner: I want total objectivity. It should be pointed out the conflict of interest. That they (DEQ) have a vested interest in allowing the mining and the fracking of the gas in the State of Michigan. Perino: What are you saying, conflict of interest? Turner: People out here that come that don’t know anything about the shale fracking are coming to find out. They need to know that the DEQ is not offering an objective opinion of the process because they have a business interest. Perino: What’s the business interest? George Williston: They get paid royalties. Turner: They’re making millions of dollars issuing permits. Perino: How? Turner: The permits cost money. The DNR auctions the leases and the DEQ issues the permits. Perino: George Williston, Royalties? Williston: That’s what they are called. It’s not a percentage. It’s royalties. Steve Locher Hope Township: It’s a percentage of the royalties or one sixth of the saleable gas. Rook: It’s also one sixth of the expense, correct? Locher: No, it’s one sixth of the revenue received from the well. Perino: If the State is for allowing issuing the permits, don’t you think they are going to charge an administrative fee or royalty? That’s good business. Rook: What’s the difference between them and the attorney fees? Locher: Well, it doesn’t involve the public trust of the land, the water, the air, the quality of life, the dust, the messed up roads, the potential for spills, all of it without due process. This isn’t your grandfather’s fracking or drilling. Before we rush headlong into this and trust these companies, we ought to do some due diligence and be serious about this. The DNR has a revenue stream, they say themselves, “we use the revenues from these leases to purchase more land.” They have a vested financial interest, you can’t deny that in leasing this land. Goy: Why is the DEQ doing this, they are the department of environmental quality. Locher: The DNR is the one who auctions off the land. The DEQ issues permits. Goy: But aren’t they supposed to be in charge of protecting our environment? Williston: That’s where the conflict comes in. On the one hand there’s tremendous pressure for more jobs, get the economy going and Governor Snyder is committed to doing that as anyone would. But he also appoints the head of the DEQ and DNR, so they do his bidding, they make everything go along. But they’re not obviously going to confront their boss and say this is wrong, because the governor wants this and needs this. This is part of our economic recovery. But to destroy a township. Goy: I agree, but don’t they have a set amount of rules they follow, environmental laws. George Williston read DEQ mission statement. Perino: So to answer your question, yes, they protect. Terra Moore from Orangeville stated that she had gone to six of the industrial fracking sites in Kalkaska and spoke to the DNR, who said that the oil companies were monitoring themselves. Ms. Moore suggested that anyone attending the September 19 meeting should have questions ready for Attorney Olson. Supervisor Rook said petitions need to be signed at the state level in order to get anything done. James Brown, Supervisor Hastings Township stated that the Barry County Solid Waste Oversight Committee has contracted with Grand Valley State University to do a county wide informational gathering to assess and report on the recycling program. Supervisor Rook replied that all Orangeville recycling information would be forwarded. Tammy Hall from Hope Township replied to the question by Clerk Goy regarding the DEQ and environmental laws saying that the Natural Energy Act of 2005 was passed making the oil industry exempt from the Clean Water Act, the Safe Drinking Water Act, the Clean Air Act and Superfund. Steve Loucher stated that he thought Attorney Olson would respond by pursuing the state strategy because we are tied at the federal level, but not tied at the Michigan level. Trustee Perino asked if he was referring to the Police Power. Supervisor Rook provided copies of publication for the upcoming September 19 special meeting. Publication will run in the Hastings Reminder and Banner for two weeks.

Fracking Publication and Setup: Supervisor Rook asked that the microphone be set up and for help putting up chairs for September 19 special meeting

Guardrails repairs: After discussion it was determined that the clerk would contact Barry County Road Commission to determine if they would replace guardrail on Damon Rd at no cost to township.

Paying of the Bills: Motion Perino; support Ribble to pay the bills for the month of September in the amount of $14,233.65 and any others forthcoming. All ayes. Motion carried. Invoices made available for board review. Trustee Ribble reviewed invoices.

Fire Chief Dan Boulter stated that the Wednesday “Soups On’ group had left lights on, left coffee cups, and that they were gathering at 2:30 am waiting for food. There have been no complaints at this time from neighbors.

Motion Ritchie; support Goy to pay off the fire truck in the amount of $99,616.45 to Hastings City Bank. Roll call vote. All ayes. Motion carried.

Treasurer Ritchie stated that the property next to the fire station was for sale for $14,000 and that the property could be used for the fire department. Chief Boulter stated that property could be used as a possible septic system. Supervisor Rook asked that the matter be tabled until next meeting when more information on use of property could be ascertained.

Motion Ritchie; support Goy to adjourn. All ayes. Motion carried. Meeting adjourned at 9:17.

Unapproved Minutes Jennifer Goy, Township Clerk