WINDSOR CHARTER TOWNSHIP BOARD OF TRUSTEES

REGULAR MEETING – MAY 12, 2020 – 7:30 PM

VIA VIDEO/TELECONFERENCE – GOTOMEETING

APPROVED

The meeting was called to order at 7:30 pm by Supervisor Slucter with the Pledge of Allegiance.

Present: Slucter, Rumsey, Fritts, Myers, Piper, Pray and Fabijancic

Absent: None

Myers moved and Fabijancic seconded to approve the agenda as written. Roll Call Carried 7-0.

Myers moved and Fabijancic seconded to remove Treasurers Report from Consent Agenda. Carried 7-0.

Myers moved and Piper seconded to approve Consent Agenda; Minutes of Previous Regular Meeting, General Fund Bills and Payroll. Carried 7-0.

General Fund consisting of Voucher #32845 through Voucher #32889 equaling: $42,765.66 plus digital transfers and payments of $19,723.81 making a Grand Total of $62,489.47.

Payroll Report consisting of Voucher #41774 through #41792 equaling: $5,560.02 plus direct deposits of $35,748.66 making a Grand Total of $41,308.68.

Discussion was held on Treasurer Report; under Available Funds the dollar amounts of General Fund Bills to be approved and the Total of Bills to be approved were switched. General Fund Bills to be approved should read $62,489.47, Salaries correctly reads $41,308.68 and Total of Bills should read $103,798.15. Myers moved and Piper seconded to receive the corrected Treasurers Report. Carried 7-0.

Reports:

Sheriff’s Report: Deputy Holliday reported on incidents in the township.

Planning Commission: There is two Special Use Permit renewals on the agenda for tomorrow.

Sewer Board: May’s meeting has been cancelled for lack of agenda items.

Emergency Service Department: Chief Miller reported: 1) Gave an update on Covid-19 and the grants available. 2) Piper moved and Myers seconded to remove trainee status from Anne Marie Cavalcante and David Hall and place John Lance in the EMS division as an EMT along with his Fire Fighter status. Carried 7-0. 3) In the mist of these Covid-19 times, Emergency Services have been doing Birthday Parades on Saturdays between noon and 2 pm for all ages. 4) All open burning is allowed at this time, just asking those activating permits to keep them to smaller piles.

Assessor/Preston Community Services: Have started the 2021 assessment year. Working on how to address field work for 2020 with an early focus on commercial and industrial sites. After receipt of additional information, trying to resolve a couple of issue from Board of Review. The draft zoning ordinance and master plan revisions are nearly complete. Plan to have them distributed to Planning Commission along with a revised work plan in June.

Supervisor’s Report: 1) Have had a few complaints on guns discharging. Exploring some options to resolve issue. 2) Elias Auto Sales has downsized, but still not to the original agreed upon area. 3) Following up on Bridge St. property in regards to logs in front yard. 4) Bishop Road is currently under construction, installing culverts under the road. 5) Rieth-Riley Construction’s strike is not over; however they have started some projects. Couldn’t get Eaton County Road Commission to commit to a date on Creyts Road reconstruction. 6) In 2017 there was a Board of Determination on Fulton Drain. A notice of letting has been issued for May 22, 2020. 7) Slucter moved and Myers seconded to approve an increase of $500 during the months of March, April and May, to Guthrie Communications, from the Contingency budget, due to the additional time spent keeping the residents informed on the Covid-19 pandemic and Census marketing. Carried 7-0.

Public Officials: None

Other Reports & Announcements:

James Bogi reported on a couple of cemetery concerns and working diligently on preparing the cemetery for Memorial Day.

Hear Public Present for Agenda Items: Public Comment was heard

Unfinished Business:

Matt Jankoviak updated the Board on the 9995 Billwood House. The Stay-at-home order has caused work to slow down however construction has recently opened up and hoping to have siding completed in the next couple of weeks.

We have received two more complaints on 10652 Jolly Road burned house. Supervisor Slucter will be starting the legal process to enforce the Dangerous Building Ordinance.

New Business:

Last October, there was an auto accident on Canal Road that resulted in damaging the stone pillar at the cemetery’s entrance. The pillar has been repaired and insurance companies have reimbursed the township for the cost. Rumsey moved and Piper seconded to amend the budget by increasing the cemetery budget by $6400 and offset by increasing revenue reimbursements by the same amount. Carried 7-0.

Discussion was held on Supplemental Agreement #8 to Water Service agreement with the Lansing Board of Water and Light (BWL). The purpose of this supplemental agreement is to extend water main within Windsor Township to connect to the Delta Township’s water system. This will provide an emergency interconnect between the BWL water system within Windsor Township and Delta Township’s water system. The customers in Windsor Township are currently fed from a pretty long dead end of which involves a river crossing. What this emergency interconnect would do is provide a backup feed to customers within Windsor Township if something were to happen to the existing water main fed by the BWL. There is no cost to Windsor Township. Rumsey moved and Slucter seconded to approve Supplemental Agreement #8 to Water Service agreement with the Lansing Board of Water and Light. Carried 7-0.

Upon examination of cemetery rules it became clear a clarification was needed in Section 2, item L. adding “loss or theft” after damages, adding “other items” after plantings and removing the rest of the sentence. Rumsey moved and Piper seconded to approve the new language for Section 2, item L to read as follows: Windsor Charter Township shall assume NO responsibility for damages, loss or theft in the case of any marker, memorial, urn, shrub, planting or other items. Carried 7-0.

The township has received a FOIA Appeal to Appeal a Denial of Records from Scott M. Carlson. Our FOIA coordinator denied the FOIA request on the basis the records sought do not exist or are not in township possession. The requested items are Property Transfer Affidavits (form L-4260) for properties sold in Harvest Park. This form is required by law and it has penalties if it’s not completed. It is intended to give an assessor accurate information as to what properties are selling for in a particular area and is mailed out by assessor, if it’s not collected at closing. A seller and buyer of a property can also privately agree not to disclose the price on the deed. When the deed is recorded with the Register of Deeds, there is a different form that is completed and filed with the deed, that form is a Real Estate Transfer Tax Valuation Affidavit (form L-4258). The Register of Deeds actually collects the property transfer tax based on the amount filled out on Real Estate Transfer Tax Valuation Affidavit. A hand written notation almost always appears in the margin of a recorded deed, stating a “Valuation Affidavit Filed”. Once this form is filed, the only way to get is copy is through a court order. There was a discussion about the confusion between the purposes of the two forms. We did not receive the Property Transfer Affidavits (form L-4260) back from the seller of the Harvest Park lots, not for the lack of trying. Therefore, we denied the FOIA request, we cannot produce documents we do not have. We also have a legal opinion on the FOIA appeal from the township attorney that supports the denial.

Hear Public Present on any subject:

Will Pitylak introduced himself as running for Eaton County Drain Commission.

Myers moved and Piper supported to enter into closed session to discuss the Township attorney’s written legal opinion on Scott M. Carlson’s FOIA appeal.

Yeas: Myers, Piper, Rumsey, Slucter, Fritts, Pray and Fabijancic

Nays: None

Motion Carried: 7-0.

Township Board entered closed session at 8:36 pm.

Supervisor Slucter reopened regular meeting at 8:52 pm.

Slucter moved and Rumsey supported to affirm the Township FOIA Coordinator’s April 6, 2020 denial of Scott M. Carlson’s FOIA request and adopt as the Township Board’s reasoning for such denial the proposed Windsor Charter Township Board Decision on Appeal letter, and further authorize the Township Supervisor to transmit such letter to the requestor as the Township Board’s determination on appeal.

Yeas: Myers, Piper, Rumsey, Slucter, Fritts, Pray and Fabijancic

Nays: None

Motion Carried: 7-0.

With no further business Supervisor Slucter adjourned the meeting at 8:56 pm.

Lisa A. Rumsey

Windsor Charter Township Clerk