Tuesday June 7, 2011 5:30 p.m.
Bingham Township Hall
1637 S DeWitt Rd, St. Johns, MI 48879
The meeting was called to order at 5:35p.m. Call to Order
Clerk Kus called roll: present were Trustee Harger, Treasurer Trebesh, Roll Call
Supervisor Ostrowski, Clerk Kus, Trustee Hufnagel. Others present:
Tony Hufnagel, Leon Searles, Mark James.
Supervisor Ostrowski led in the pledge to the flag. Trustee Harger gave Pledge
the Invocation. Invocation
The meeting was called and posted as a Special Meeting to discuss the Purpose
situation and proposals from Mark Glova of the Meadows Mobile
Home Park with regards to sewer billing and previous Searles
agreements. Update on current Township legal matters and update on
current financial status.
Mr. Glova of The Meadows Mobile Home Park would like an answer Meadows
by June 12, 2011, regarding the status of delinquent utility bills, and Mobile Home
proposals submitted by The Meadows, and the action the Township Park
will take regarding these matters. The Township requested a copy of
the purchase agreement between The Meadows and Leon Searles for
the purchase of the Mobile Home Park. Mr. Glova of The Meadows
declined to share afore mentioned purchase agreement with the
Township. Trustee Hufnagel presented a rate study on the sewer rates
for the mobile home park from the time the park was purchased by
Marc Glova from Leon Searles in July of 2002 at the rate of $7.00 per
pad, thru December of 2009. Township residents were paying a rate of
$2.78 per one thousand gallons of usage plus the ready to serve fee,
while The Meadows Mobile Home Park paid $7.00 per pad in this time
period. Additionally the rate study showed the new sewer rates
effective January 1, 2010 at a rate of $6.00 per thousand gallons of
usage, plus ready to serve fee for Township residents, while the mobile
home park continued to pay $7.00 per pad. Finally the study indicated
the proposed amount The Meadows would be willing to pay which
includes a rate of $4.30 per thousand gallons of usage which goes
directly to the City, plus ready to serve fee and an additional 10 % to
go to the Township for a period of 12 years. Further discussion
regarding the assignment in July 2002 from Searles Mobile Home Park
LLC and Meadows of St Johns Group Limited Partnership and
Bingham Township. Questions regarding the benefit received by the
Township from this transaction and the intent of this agreement.
Discussion regarding the previously submitted proposal with Leon Searles
Searles for the lagoon property, gifted property and the 1 acre of land
currently owned by the Township and other conditions attached to the
proposal submitted to the Township by Leon Searles on February 4,
Additionally the Township has not yet received a deed for the one acre
parcel purchased from Leon Searles and paid in full December 2009.
The properties currently owned by the Township including the one
acre, the lagoon property and the Myrtle Parker property were
discussed and the immediate value of these properties were questioned
in relation to a payoff with The Meadows and Mr. Searles.
Comments made regarding the current contract with the Meadows Meadows
Mobile Home Park and the rates and fees established, as well as the Delinquent
establishment of a mechanical waste water treatment plant and the rates Utility Bills
involved under the Sewer agreement with the City of St Johns.
The Meadows Mobile Home Park has stated that the rates pursuant to
the Agreement with the City of St Johns and Bingham Township
should not go into effect until the balance of the Lagoon Agreement is
paid in full.
It was the intent of the Board of Bingham Township when establishing
the new sewer rates in connection with the Sewer Agreement with the
City of St Johns that the new rates established for all sewer users would
generate enough revenue to pay off the balance owed on the Lagoon in
August of 2011.
Further discussion on rolling the delinquent utility bills owed by The Meadows
Meadows Mobile Home Park onto the summer tax roll. The board was Delinquent
further reminded by Mark James, attorney for the Meadows Mobile Utility Bills
Home Park, that should the township take action and roll the delinquent
utility bills onto the summer tax roll it could result in legal action
against the Township as well as individual board members.
Discussion regarding delinquent utility bills for all Township residents
follows. Are we going to roll all delinquent utility bills onto the
summer tax roll and exempt The Meadows? Mr. James stated that the
agreement between a previous Township Board and The Meadows
exempts The Meadows. The issue of the increased billing from January
1, 2010 is separate and distinct from the proposed revised rates going
forward. Mr. James stated that what we are talking about right now is
the Boards decision to place what it deems delinquent sewer usage fees
on the tax rolls which will eventually become a lien on The Meadows
Mobile Home Property. Right now the issue is the delinquent part.
This issue is separate and distinct from the request to resolve the issues
Motion by Harger, supported by Ostrowski to rescind previous motion Motion to
to place the delinquent portion of the Meadows Mobile Home Park Rescind
sewer bills on the summer tax roll of 2011. No further discussion. 3 previous
nays, 2 yeas. Motion fails. Motion
Motion by Hufnagel, supported by Harger to submit to Attorney Fahey Motion to
the agreements… submit to
Mr. James interrupted in the middle of the motion to request that the Attorney
Treasurer look at the numbers that were going on the tax rolls and
factor in all payments. The Treasurer will get the final amount from the
City of St Johns. Delinquent penalty and interest will be researched.
Motion by Hufnagel, supported by Harger to submit to Attorney Fahey
for his opinion the 1999 Lagoon Agreement with Searles and the
Assignment of July 2002 from Searles to the Meadows and the benefits
to the Meadows and the rates involved. Motion carries.
The Order Granting Partial Summary Disposition in the Circuit Court CAFR
for the County of Clinton-Case No. 11-10845-CK: Clinton Area Fire Litigation
and Rescue-Plaintiff v Bingham Township-Defendant was presented.
This summary disposition granted the motion in a bench opinion, to the
extent that Defendant’s participation in Clinton Area Fire and Rescue
(“CAFR”) and CAFR”s provision of fire and rescue service to
Defendant terminate on June 6, 2011.
The letter to Jim Fyvie indicating that the Township of Bingham will Letter to 911
receive Fire Protection from the City of St Johns effective June 7, 2011
an 12:01 a.m. was presented.
CAFR used a township hydrant for training without contacting the Fire Hydrant
system operator and left it leaking. A letter will be sent to CAFR Ordinance
referring to Ordinance 06-08: Bingham Township Fire Hydrant
Motion by Trebesh, supported by Harger to adjourn the meeting. Adjournment
Motion carries. The meeting adjourned at 7:10 p.m. Motion
Bingham Township Clerk
Subject to approval of the regular board meeting of June 13, 2011
Bingham Township Board
Monday, June 13, 2011 7:00p.m.
Clinton County RESA
4179 S. BR127, St. Johns, MI 48879
The Meeting was called to order at 7:00 p.m. Call to Order
Clerk Kus called roll: Present were, Trustee Harger, Clerk Kus, Roll Call
Supervisor Ostrowski, Treasurer Trebesh, Trustee Hufnagel, Others
Present: 22 members of the public. Sign in sheet on file. A quorum
Supervisor Ostrowski led in the pledge to the flag and Trustee Harger Pledge
gave the Invocation. Invocation
Adjustments to Agenda. No 7. ADD-b. Fire Hydrant Policy. Agenda
Motion by Trebesh supported by Hufnagel to approve Agenda as Motion
Amended. Motion carries.
Motion by Trebesh supported by Harger to approve Consent Agenda Consent Agenda
including minutes of regular meeting of May 9, 2011 minutes of Motion
special meeting June 7, 2011, Closed Session Minutes, Accumed
Billings for fire runs, Communications from: CC Waste
Management-Community Event, CC Drain Repairs, CC Sheriff
Report, Consumer Energy Hearing. Motion carries.
Public Comment opens at 7: 04 p.m.
Commissioner Larry Martin reported that Clinton County has Public Comment
adopted a Bomb Incident Policy. An agreement has been signed on County
the South West tower for 911 in Riley Township. Mid Michigan Commissioner
District Health Department has received a grant to increase the Report
number of dental chairs from three to seven. The map for the County
Commissioners redistricting has been recommended. Bingham
Township would be in a district with the City of St Johns and have
only one commissioner instead of a split district.
The Township had an approximate 2.1 % drop in taxable value from Assessor Report
last year. There has been a large decrease in residential land values.
61.22% of the residential properties where the SEV and Taxable
value are the same. The Assessor has responded on two properties
regarding changes in property value.
Barb Yaich of Masters Car Wash would like to plumb a line from the Masters Auto
well to a sprinkler system. Discussion follows. Motion by Kus, Meter
supported by Harger to approve a new plumb line before the sewer Motion
meter to go directly to sprinkler system. Motion carries. In addition
the Masters Auto Wash sewer meter was not working very well. A
new meter was installed and Masters was invoiced $914.82 for the
meter. Masters would like the invoice waived. Masters Auto Wash is
one of our largest sewer users. Discussion follows. Motion by Motion
Ostrowski, supported by Trebesh, to waive the Masters Auto Wash
invoice in the amount of $914.82 for a new sewer meter. Motion
Public Comment closes at 7:27 p.m.
The construction phase of the lagoon is complete as well as the punch Old Business
list however the final closure requires additional soil samples. Sewer Project
Mercury testing comparisons need to be performed. A contract Lagoon Closure
amendment for Hamp Matthews was presented for soil samples and Mead Bros.
mercury testing. Motion by Harger, supported by Hufnagel to Final Invoice
authorize amendment of Hamp Matthews contract to include an
additional $1,250.00 for soil samples of soil around the lagoon to
determine chemical levels. Motion carries.
At this time there would be deed restrictions on the former lagoon
Several options are being looked into regarding the Water Plant Water Plant
The contract with the Road Commission for gravel on Krepps Rd. has CC Road
been misplaced by the Road Commission. The board will sign a new Commission
Nothing more heard from Motz Development Motz
Motion by Hufnagel, supported by Harger at 7:53 p.m. to move into The Meadows
closed session to discuss legal opinions related to Meadows and Motion
Searles. Motion carries.
Motion by Kus, supported by Harger at 8:02 p.m. to open session to Motion
A letter from Leon Searles requesting information as to Bingham Searles
Township’s present and future use for Parks Road Fire Building was
discussed. The Township must wait until assets relating to CAFR are
decided before making a decision. A copy of the letter requesting a
deed on one acre was given to Don Potts to pass on to Leon Searles.
The board felt the proposal given by Marc Glova of the Meadows Meadows
Mobile Home Park to the Township regarding the sewer rates was not
acceptable. The delinquent sewer usage will be put on the summer tax
bill for The Meadows Mobile Home Park.
The Township signed a contract with the City of St Johns for Fire Committee
Protection Service effective 12:01 a.m. beginning June 7, 2011. Reports
The Fire Chiefs from the City were welcomed. Fire
Nothing additional to report. Communications
Nothing additional to report. Finance
The Utilities Committee has met and the City presented a bill for Utility
Inflow and Infiltration because of all the rain. 750,000 gallons of I&I Backwash
water has come into the sewer system from outside primarily from Invoices
manholes. A bill for $3,237.90 was presented for payment for I & I
for the first quarter of 2011. A smoke test was discussed to identify Smoke Test
where there are leaks in the manholes for the north sewer. The cost North Sewer
would be approximately $50.00 for the smoke. There would be no
labor charge. Motion by Kus supported by Harger to authorize the Motion
City to perform a smoke test to the north sewer and to notify the north
sewer users that this test will be run. Motion carries.
The I & I bill and the quarterly usage bill for quarter ending
12/31/2010 was discussed. The bill for quarterly usage for period
ending 12/31/2010 is $3,983.06.The I & I bill is $3,237.90. Motion Motion
by Hufnagel supported by Harger to pay the City of St Johns
$7,220.96 for I&I and quarterly usage from the General Account.
A preliminary draft from the City for the replacement of radio read Meters
meters to Township users was presented. The City would replace a
current residents meter at no charge to the Township or resident.
An invoice for the Scada Computer system will be billed from the Meadows
Township to The Meadows Mobile Home Park for the remote Scada
program of Bingham Townships Scada System. The amount is
$332.50 and $667.50 for engineering cost for a total bill to Meadows
Cancun Grill had a spike in usage because of pipes leaking for the New Business
last quarter of sewer and water usage. The representative of the Cancun Grill
Cancun would like some relief because of the leaking pipes. Pipes Sewer & Water
had to be replaced as well as a water heater. Discussion follows. The Usage
Supervisor will contact the City to see if the City is willing to give
some relief and to get their input on this situation. No action taken.
The fire hydrant by Kmart was used without permission and left Hydrant Use
leaking. The City will be questioned about their policy and the fire
hydrant policy will be rewritten in the future
Judge Tahvonen ruled that the date the Township’s participation in Reports
CAFR ended was June 6, 2011 at 12:00 midnight. The next CAFR CAFR
meeting will be held at Station #1 on Tuesday June 14, 2011 at 7:00 Litigation
CAASA will now be the Township’s primary medical responder.
The general checking account for end of May has a balance of Report
$ 80,869.85. The restricted account has a balance at the end of May Financial
of $197,862.74. All but 3 personal property taxes have been paid. Reports
After July 1, 2011 any uncollected personal property taxes will be Delinquent
taken to small claims court. The summer 2011 taxes have been Personal
submitted to the County Treasurer for final approval before they are Property
sent. Motion by Kus supported by Harger to accept Treasurer’s Motion
Report. Motion carries
Accounts Payable issued for period beginning June 1. 2011, thru June Invoices
13, 2011 for check numbers 6446 thru 6470, with total disbursements
for this time period in the amount of $40,653.16, plus additional 2
invoices to the City of St Johns in the amount of $7,220.96 with total
amount for all invoices in the amount $47,874.12- 25 checks issued. Motion
Motion by Trebesh, supported by Harger to approve accounts payable
for the month of June in the amount of $47,874.12. Motion carries.
Audit is progressing.
Liquor License Inspection questioned. Supervisors
The Township is able to postpone some payments at this time Report
because of litigation. The Township is struggling but staying above Liquor License
The meeting with the Department of Treasury was discussed. If a
financial manager is appointed, the Township could pay over
$100,000.00 for an emergency financial manager to step in.
Motion by Trebesh, supported by Harger to adjourn the meeting. Adjournment
The meeting adjourned at 9:10 p.m.
Helen Kus, Clerk
Subject to approval at the Regular board meeting of August 8, 2011.