Kimball Township Board of Trustees

KIMBALL TOWNSHIP BOARD OF TRUSTEES MUNICIPAL BUILDING, 2160 WADHAMS ROAD, KIMBALL, MI REGULAR MEETING AUGUST 19, 2014 6:30 P.M. Usakowski opened the meeting at 6:30 p.m. with the Pledge of Allegiance.

ROLL CALL OF OFFICERS PRESENT: Usakowski, Jackson, Ritter, Sturdevant and Kilroy.

ABSENT: Wrubel and Hand.

INVOCATION BY: Pastor Chris Freeman, Wadhams Baptist Church.

I. APPROVAL OF AGENDA

Move Public Comment up under the Approval of Agenda.

Move Township Wide Trash Collection after the Public Comment.

Move DPW Union Contract Closed Session to down below the Audience Participation.

Kilroy motioned to approve the agenda as amended supported by Ritter. Motion Carried.

II. PUBLIC COMMENT (Brief Comments)

Jim Wilson, 1657 Wadhams Road: Spoke against trash pick-up.

Betty Baker, 2939 English Road: Praised the board and thanked them for the good job that they do.

Larry Bade, 5085 Dove Road: Spoke against trash pick-up.

Ruth Lasher, 5988 Yager Road: Praised the board. If people do not like the job they are doing they should run for office.

Cliff Waltenberg, 5456 Dove Road: Spoke against trash pick-up.

Kathy Bunch, 1620 Ditty Road: Spoke against trash pick-up.

Don Farrell, 4860 Howard Road: Spoke about the illegal dump site on the east end of Howard Road by the pond and the signs. Why isn’t the township cleaning it up?

Usakowski will send our ordinance enforcer out there tomorrow.

Eric Dusci, 5820 Ravenswood Road: Spoke against trash pick-up and advised he believes it would be a violation of the Michigan’s anti-trust laws.

Bob Rivard, 4854 Fish Road: Spoke against trash pick-up. Lauren Kilbourne, 1876 Harvey Road: Spoke against trash pick-up. 1 Brian Reed, 1305 Range Road: Advised he has filed three complaints and spoken with the road commission about the stakes along Woodrow Road. Why isn’t anyone doing anything? Road Commission says one thing and the township says another.

Usakowski will call the Road Commission tomorrow regarding this matter.

Diane Smith, 6497 Lapeer Road: Spoke against trash pick-up.

Usakowski explained that the board is just gathering information at this time.

Jesse Pipkin, 1565 Richman Road: Spoke against trash pick-up.

Don Kitchen, 2875 Harwood: Spoke against trash pick-up and his property assessment. He wants to know if there can a summer appeal board as he is in Florida in the winter.

Usakowski explained that the dates for Board of Review are mandated by law.

Ronald Pelc, 5299 Smiths Creek Road: Spoke against trash pick-up and advised that the trash haulers going into the landfill are not all tarped.

Sturdevant advised that he as seen the same issues with tarps however he sees a lot of trash coming out along the road after the haulers leave the landfill.

Phyllis Blount, 4755 Griswold Road: Spoke in favor of the township wide trash pick-up.

Howard Putz, 6615 Lapeer Road: Spoke about Sheffler Drain and how he paid to have it put in and also had to pay to have it repaired. He advised that it is important to vote. Putz further questioned why taxes are going up in Kimball Township and going down everywhere else. Very upset that as a veteran he is not given a tax break.

Chris Genaw, 6634 Dove Road: Spoke against trash pick-up. She complained about how Peggy Chambers taxed her dad on Burns Road really high because he told her to get off of his property. Wants to know why the township doesn’t fire her?

Inquired why Kimball Township joined the EDA? What manufacturing jobs are you going to create out in Kimball Township? There is nothing out here. You actually, to my own personal knowledge, shut down two businesses of friends of mine, Bill DeLand and Eric Hoffman. How is the EDA going to help us out here?

Also asked what the steps are that would follow regarding the trash collection would be.

Usakowski explained the process of deciding whether or not to bring in one Trash Company instead of several.

He also explained how the EDA has helped the Pilot and Eric Dusci.

Questioned about the Caswell Cemetery expansion sign regarding Hyde Construction and is Jason from the DPW part of this? Usakowski explained that they aren’t even close to starting the expansion and that the sign belongs to house behind the cemetery. 2 Neal Schatzberg, 1696 Sturdevant Road: Spoke in favor trash pick-up. His neighbors are burning trash and it is very disruptive for his family. Expressed concerns that his manufactured home is being over-assessed.

Michelle Lowe, 4618 Griswold Road: Grandfather was supervisor Lee Morley and she is against the trash pick-up.

Richard Brower, 655 N. Allen: Spoke against trash pick-up and against Kimball Township joining the EDA.

Larry Bartmanski, 5617 Griswold Road: Expressed concerns with the assessor and comments that she made while assessing his property. He advised that his children’s play area and stacks of broken up concrete are being taxed. He believes he is being over assessed.

Brandie Hoffman, 2259 Allen Road: Has had issues with the assessor and went to Rob in February and the issue is still not handled. She believes that Usakowski slandered her name from February thru May.

Usakowski commented on the information that was mentioned by Ms. Hoffman.

Jackson also commented on the information given.

Ashleigh Usakowski, 6352 Ravenswood: Spoke regarding the emails sent to her father from Ritter inquiring about personal matters. She asked that she be left out of any issues regarding the township.

III. TOWNSHIP WIDE TRASH COLLECTION SURVEY RESULTS

Usakowski advised that the survey for trash collection was a close. Almost even.

Usakowski advised he is against it.

Sturdevant advised he is against it.

Jackson advised he is against it.

Usakowski motioned to “not” proceed with the trash collection supported by Sturdevant. Motion Carried.

IV. PRESENTATION OF MINUTES FOR JULY 15, 2014 AND JULY 23, 2014 SPECIAL MEETING

Under VI. Richard Brewer, should be Richard Brower.

Under IX. Audience Participation, Brian Reed: Should be “is our noise ordinance official?”

Special Meeting, page 8: Should be “board needs to review”. Usakowski motioned to approve the minutes from July 15 and July 23 as amended supported by Sturdevant. Motion Carried.

3 III. CONSENT AGENDA AND COMMUNICATIONS

A. Check Register from 07/04/2014 – 08/08/2014 B. Revenue & Expenditure Report for Period ending 08/31/2014

Sturdevant motioned to receive and file and pay the bills supported by Jackson.

ROLL CALL VOTE: YES: Sturdevant, Jackson, Usakowski, Ritter and Kilroy. NO: None. ABSENT: Wrubel and Hand. (5-0-2) Motion Carried.

IV. BOARDS AND COMMISSIONS

A. Township Roads and Bridges Advisory Committee Meeting, July 8, 2014, St. Clair County Road Commission.

Usakowski motioned to receive and file supported by Kilroy. Motion Carried. V. UNFINISHED BUSINESS

A. Engineering Project Updates

Construction to begin soon on Lapeer Road. Bidding was done through St. Clair County Road Commissions and Boddy Construction will be doing the work. There will be water shut offs for a short time during this work for residents and businesses.

Edward J. Painting on Wadhams Road in the old Carter Lumber Building would like to have the water extended to their property.

Usakowski explained that Tetra Tech has prepared some cost estimates. They have been talking with EDA about some grants, depending on how many jobs they can create. Ken Kingsley is following up with Mike Clark about some possible funds from MDOT. Another option is a special assessment district but it would be just for one.

They want it to come to about midway because then they can run a line to all of the buildings in the back of their property.

Jackson wants to allow the owner to proceed with this.

Sturdevant says to send the owner what Tetra Tech had come up with for the cost to bring the water in.

Concerns about the Afr property and what to do next.

Tetra Tech was contacted by Torello who did the demolition and asked Tetra Tech to come out (not at our cost) and get a quantity as to how many cubic yards of material it will take to fill in the lake. Kens concern right now is the mess that is over there. Neil Erickson has been over there a lot. Dr. Afr was supposed to be in here last Wednesday and cancelled on us to talk to him about his next step and what he plans to do. We are probably going to have to take some enforcement action now that the buildings are down to finish off leveling.

4 Kingsley mentioned concern about how we go about filling that. We don’t have any ordinance that prohibits burying that material. There are some engineering standards that you can follow where you can compact as you are filling and then the site would be buildable.

What we are looking at is when we take enforcement action to finish it off; do we want it to be buildable? I just want you to be aware of that.

Ritter questioned who Ken was.

Usakowski explained that it is Ken Kingsley works with Tetra Tech.

Smith Creek Sewer Project Update: We just got our soil erosion permit back from the St. Clair County Health Department. In working with our bond council on that, they did tell us to file for a qualifying statement which I did. Unfortunately that qualifying statement that I filed for 2014 beat our audit in as far as processing. So they rejected the qualifying statement. It’s an easy fix. Once they have our audit on file, I just refile the exact same paperwork. I just renamed the file.

Ritter: When will the audit be done?

Usakowski: It is done. We got it just after the paperwork for this was due. You will have it in your next agenda packet.

Ritter: You forgot the wetland section in there.

Usakowski: We have contacted Tetra Tech to give some proposals on wetland survey for the area. What we are looking at right now is probably a Certified Technology Park between Ravenswood and Smiths Creek. I told him that we are not willing to pay for that so they are checking with the County and other resources to see if somebody else wants to pay for that.

VI. NEW BUSINESS

A. Unsigned Letter Complaint Usakowski explained that he is unsure what this letter was pertaining to because the two properties mentioned are owned by different people.

B. Discussion on Fire Run #0000371 per George Jackson A person lost their life on Richman Road in a Motorcycle accident and doesn’t want to bill this person who passed away.

Sturdevant motioned to dismiss the invoice for run #0000371 for the deceased. Supported by Kilroy.

ROLL CALL VOTE: YES: Sturdevant, Kilroy, Usakowski, Jackson and Ritter. NO: None. ABSENT: Wrubel and Hand. (5-0-2) Motion Carried. C. Township Financial Statements The audit is on our website as well as the State of Michigan’s website.

D. Grass Cutting 5 Usakowski discussed concerns with the current service being used. Discussion.

Usakowski advised we should take this into consideration while taking bids next spring.

E. Lift/Pump Station Monitoring Usakowski advised that we need to decide to use either Radio or cell service for monitoring? A decision needs to be made soon as the new lift station will need to be ordered to suit this monitoring program.

Usakowski will speak with Hand and decide how to proceed with this.

F. Little League Fields Usakowski advised that Little League is not keeping the baseball diamonds in good shape. Sturdevant suggested getting a price on diamond dust and maybe splitting the cost.

Usakowski will check to see if they want to continue to take care of it or pay us to take care of it for them.

Ritter stated that we need to keep it up nicely and we should show them our expectations.

G. HB5706 Bill HB5706 introduced by Ben Glardin of Owosso regarding billing fees for motor vehicle accidents. This bill will eliminate the townships ability to charge fees on any motor vehicle accident even if we respond.

Discussion.

H. Local Road Assistance Program Usakowski advised that the application needs to be filled out and turned in by September 30. If you have a project that you think would benefit the township that we could apply for let me know before the next meeting.

Usakowski advised that Fore Lakes has submitted a request for Flinchbaugh Road. If we submit this then we should ask Fore Lakes to be a contributor to the cost of the project.

I. County Art Van Purchase Usakowski advised that we can send a letter to the Attorney General’s office requesting that they look into the legalities of St. Clair County using Parks and Library funding to purchase the old Art Van building in downtown Port Huron.

Discussion.

Usakowski to send the letter.

J. Ontario Power – Nuclear Waste Repository Usakowski advised that Resolution #14-2014 would give Kimball Township’s stance against the Nuclear Waste Repository in Canada.

Usakowski motioned to adopt Resolution #14-2014 and send it to the people on the list given to us supported by Kilroy. 6 Motion Carried.

VII. AUDIENCE PARTICIPATION None.

VIII. DPW UNION CONTRACT Usakowski motioned to go into closed session at 9:01 p.m. to discuss the DPW Union Contract supported by Kilroy. Motion Carried.

Open session back at 9:13 p.m.

IX. OFFICERS REPORT A. Supervisor Usakowski Automation Alley: We have been contacted regarding a certified technology park. A joint special meeting is tentatively scheduled for September 8th at 6 p.m. with the City of Port Huron.

B. Clerk Hand/Deputy Clerk Blaszczuk Update on Clerk Hand Bob’s daughter says he is doing better and should be in the office for a couple of hours here and there.

Workman’s Comp Accident Fund is inquiring about Wayne’s position with us and do we have any light duty position for him?

Usakowski advised he will contact Tony Houle regarding this matter.

Meter Vault Installation for Range and Griswold: Two out of five companies put in bids. Varty Construction responded with a bid of $24,915. Teltow Contracting bid was $26,600. Both have some concerns about shutting down the water with the valve during installation.

Discussion.

Will send the information regarding these two companies over to Tetra Tech to get their opinion on these two companies.

Cemetery Expansion: Blaszczuk advised that she spoke with Tetra Tech regarding what it would cost to have them take the legal description of the expansion area and stake the property so that when we get bids for clearing the property the companies know exactly what they are bidding on. Mike at Tetra Tech advised that it will likely be less than $1000.00 for this service.

Blaszczuk advised that sealed bids will likely be needed for the clearing of the expansion because the cost is probably going to be over $5000.00.

Usakowski motioned to re-stake the area and move forward on the RFP’s for the bids supported by Kilroy.

7 ROLL CALL VOTE: YES: Usakowski, Kilroy, Jackson, Ritter and Sturdevant. NO: None. ABSENT: Wrubel and Hand. (5-0-2) Motion Carried.

Blaszczuk: Should we get prices from Tetra Tech to use GIS software to layout the new Cemetery addition?

Usakowski said to go ahead and get a quote.

Meter Gun: Estimate came from Michigan Meter Technology from a year ago. For the meter gun without the laptop would be $6,579.00. Old meter gun is holding a charge for only 20 minutes to a half hour now.

Usakowski motioned to approve the cost change for the meter gun and to purchase a new one from Michigan Meter Technology for $6,579.00 supported by Kilroy.

ROLL CALL VOTE: YES: Usakowski, Jackson, Kilroy, Ritter and Sturdevant. NO: None. ABSENT: Wrubel and Hand. (5-0-2) Motion Carried.

Election Update: The election went well for the most part. Ballots were getting stuck in the tabulator due to the high humidity but that was expected. Other municipalities had issues with the same thing. New tabulators will be coming out soon for the whole state and that should help to alleviate some of those problems.

C. Treasurer Jackson

Summer Tax Deadline: Jackson motioned to extend the Summer Tax deadline to September 30, 2014 supported by Sturdevant.

ROLL CALL VOTE: YES: Jackson, Sturdevant, Usakowski, Ritter and Kilroy. NO: None. ABSENT: Wrubel and Hand. (5-0-2) Motion Carried.

Kimball Township Extravaganza: Jackson inquired if the KTBT wants to go ahead with it on September 13, 2014?

Sturdevant will donate $200. to help and wants it to go on.

Usakowski wants it to go on.

Fire Invoice Collection: Kimball Township collected $71,878 in Fire bills last year.

Water Rates: Jackson advised that he is continuing to watch the increased water rates that we are receiving from the City of Port Huron. If rates continue to rise we may have to considering increasing our rates as well. 8 D. Trustee Kilroy Inquired about the handicapped swing at Sutherland Park.

Usakowski waiting to get number from Kandi Morrison for the cement slab.

E. Trustee Ritter Fire Department Picnic 12 – 4 p.m. Saturday, August 23, 2014 at Sutherland Park. Fire Station open for tours.

Update on station committee meeting given.

F. Trustee Sturdevant Thank you to all who attended the meeting. Glad to see everyone come out and giving their opinions.

G. Trustee Wrubel Absent.

Audience member who lives on Burns Road questioned about the Blight Ordinance and the trucks coming down Burns Road tearing up the road and bridge. He also wanted to know about adding extended office hours at the Township Office.

Usakowski gave an update on what is being done with all of these issues including a possible online bill payment.

Barb Sherlock inquired about ditching on Dove Road.

Usakowski will follow up on this issue.

X. ADJOURNMENT Usakowski motioned to adjourn the meeting at 9:50 p.m. supported by Kilroy.

Meeting adjourned at 9:50 p.m.

Submitted by Robert G. Hand, Clerk