Bingham Township Board Special Meeting

Tuesday, September 8 2015, 5:15 p.m. Bingham Township Hall 1637 S DeWitt Rd., St. Johns, MI 48879

MINUTES

The Meeting was called to order at 5:15 p.m. Call to Order

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

Clerk Kus called roll: Present were, Supervisor Ostrowski, Trustee Roll Call Harger, Treasurer Smith and Clerk Kus. Absent: Trustee Hufnagel Others Present: none. A quorum reported.

Motion by Kus, supported by Harger to approve the Agenda. Motion Agenda carries.

The purpose of the meeting is to discuss the upcoming State of Windy Pines Michigan Auction on Thursday, Sept. 10, 2015 of the vacant land LLC (Windy Pines Subdivision) on South BR 127 across from the Clinton State Auction County Road Commission. Parcel ID #030-027-300-020-51. This parcel is to be sold to the Highest Bidder. The Board can appoint a representative to attend the auction and authorize that person to bid on the property on the Township's behalf. The Board can also set a limit as to what the Township is willing to pay for the property. Discussion follows. Motion by Smith, supported by Harger to Motion authorize Clerk Kus to act as the Township representative and to bid on Parcel ID#030-027-300-020-51 in the amount not to exceed one hundred thousand dollars, ($100,000.00). Motion carries.

Motion by Harger, supported by Smith to adjourn the meeting. Adjournment Motion carries. The meeting adjourned at 5:45 p.m. Motion Respectfully submitted,

Helen Kus, Clerk Subject to approval at the regular board meeting of September 14, 2015.

1 Bingham Township Board Regular Meeting

Monday, September 14, 2015, 7:00 p.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

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

Clerk Kus called roll. Present were: Clerk Kus, Trustee Harger, Roll Call Trustee Hufnagel and Supervisor Ostrowski. Absent: Treasurer Smith Others present: John Glerum, Joe Thelen, Tom Welsh, Eric Silm, Alysha Chant, Leon Parker, Pete & Michelle Preston, Steve Yaich, Barb Yaich and Mandy Gauss. A quorum reported.

Agenda. Motion by Hufnagel, supported by Harger to approve Agenda agenda. Motion carries. Motion

Consent Agenda. Motion by Kus, supported by Harger to approve the Consent Agenda consent agenda including minutes of regular meeting August 10, Motion 2015 and minutes of special meeting of September 8, 2015, Clinton County Drain Commission Review of Apportionments and Clinton County Officers Association meeting of September 16, 2015. Motion carries. Public Comment Public Comment opens and closes at 7:03 p.m. Commissioners Commissioner DeLong absent. Report

Deputy Bangs absent. Sheriff’s Report

Case ZC-08-15VR is an application for a variance request, submitted Planning & by Steve Yaich, of Masters Auto Wash. Petitioner is requesting Zoning variance approval to Section 432 – Schedule of Area, Height and ZC-08-15 VR Placement Regulations; specifically an 18’1” variance to the required Masters Auto 20’ side yard setback to allow the placement of an attached accessory Wash structure 1’9” from the side property line on property located at 2133 S. US-27, Parcel ID#19-030-022-200-020-00, Section 22 Bingham Township. This parcel is legally described as: beginning at a point South 00º34’22”East 464.24 feet from the Northwest corner of

2 Section 22, T7N, R2W, Bingham Township, Clinton County, Michigan; thence North 89º52’29”East 377.00 feet to the point of beginning; thence North 00º34’22”West 132.00 feet; thence North 89º52’29”East 279.57 feet; thence South 00º33’24”East 132.00 feet; thence South 89º52’29”West 279.53 feet to the point of beginning. Steve Yaich explained the reasoning behind the expansion and need for the variance. Discussion follows. Motion by Kus, supported by Motion Hufnagel to recommend approval of Case ZC-08-15 VR, a variance approval to Section 432 – Schedule of Area, Height and Placement Regulations; specifically an 18’1” variance to the required 20’ side yard setback to allow the placement of an attached accessory structure 1’9” from the side property line on property located at 2133 S. US-27, Parcel ID#19-030-022-200-020-00, Section 22 Bingham Township. Motion carries.

A question of permitted uses came up regarding the Kmart Property. Zoning Kmart It is a C-2 district and there would be specifics for use that would Property need to go through zoning. A memo from Assessor Preston will be forthcoming.

The Assessor reported there could be a considerable loss of revenue Assessor’s with the Michigan Tax Tribunal regarding the Walmart and Agro Report Liquid Fertilizer Properties. Ross Bower of Fahey Schultz has MTT-Walmart recommended a settlement of $43.00 a square foot for the Walmart Property. Discussion follows. Motion by Ostrowski, supported by Harger to ask for $45.00 a square foot settlement on the Walmart property. Motion carries Old Business The Motz Development/Saint J Properties Agreement has nothing Motz Agreement new to report. Water Service Nothing new with Water Service for Scott/Townsend Roads. Scott/Townsend

Mandy Gauss Project Manager of CESO Inc., engineering firm for Speedway Water the M-21 Speedway expansion, spoke on behalf of Speedway Request requesting the Township enter into a 425 agreement with the City of St Johns in order for Speedway to receive City utilities. Further discussion will take place at the joint meeting with the township and city scheduled for September 21, 2015. No action taken

There will be a Township/City joint meeting on Monday September Committee 21, 2015 in the board of Commissioners Room at the County Reports Courthouse at 7:00 p.m.

An invoice in the amount of $850.00 for Deputy Clerk training on the New Business BS&A software programs was discussed. Motion by Hufnagel, BS&A training

3 supported by Harger to approve BS&A software training for the Deputy Clerk Deputy Clerk in the amount of $850.00. Motion carries. Ostrowski – No

Miller Brothers Excavating & RS Technical gave proposals for Force Force Main Main change for pump station #3 in the amount of roughly changes Pump $125,000.00. No action taken. Station #3

The audit for fiscal year end March 31, 2015 was presented. Motion Audit 03.31.2015 by Harger supported by Hufnagel to accept the Audit from fiscal year Motion end of March 31, 2015. Motion carries.

A letter from the Department of Treasury about deficiencies was Dept. of Treasury presented. Steve Kirnovic of Abraham Gaffney will prepare letters Letters for submission by the township to the Department of Treasury.

Bingham Township purchased approximately 54 acres that was Land Purchase formerly owned by Windy Pines LLC at the tax foreclosure auction for $41,020.00. The Township will apply for a quiet title so the land can be sold in the future. Current 2015 taxes will need to be paid by the township.

The next Clinton Area Ambulance Service Authority meeting is Reports scheduled for October 15, 2015 at 7:00 p.m. CAASA

The general checking account as of August 31, 2015 has a balance of Treasurer’s $333,263.40. The restricted account has a balance of $41,950.98.The Report LAFCU savings account has a balance of $125,084.95. Motion by Motion Kus, supported by Hufnagel to accept the Treasurer’s report. Motion carries.

Accounts payable issued for period beginning August 15, 2015 thru Clerks Report September 13, 2015 for check numbers 7634 thru 7657 with total Accounts disbursements for this time period in the amount of $79,404.82 Payable including payroll. 24 checks issued. Motion by Hufnagel supported Motion by Ostrowski to approve accounts payable in the amount of $79,404.82 for check numbers 7634 thru 7657. Motion carries.

Bingham Township has a burn permit for a year effective September Burn Permit 14, 2015. Supervisors The Letter for the termination of the ACO was submitted to Michigan Report Department of Environmental Quality. ACO Request

There was no I & I from the City for the last quarter. City I&I

4 Motion by Harger, supported by Hufnagel to adjourn the meeting. Adjournment The meeting adjourned at 8:59 p.m. Motion carries. Motion

Respectfully submitted,

Helen Kus, Bingham Township Clerk Subject to approval at the October 12, 2015 regular board meeting.

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