December 6, 2004 Regular Meeting Charter Township of AuSable Meeting called to order at 7:00 P.M. by Supervisor Hayes. PRESENT: Hayes, Reeder, Lamrock, Beliveau, Gary, and Poland. ABSENT: Barnes. STAFF PRESENT: Superintendent Wilson. PRESS COVERAGE: Holly Nelson. Pledge of Allegiance recited. Motion by Lamrock to suspend the regular meeting and open a public hearing on the 2005 Budget and the Charter Communications cable franchise agreement, seconded by Gary. Roll call: All yes, motion carried. PUBLIC HEARING: Members of the public questioned the length of the franchise agreement, costs associated with termination of the agreement, the possibility of rate reductions, and the need for competition for Charter Communications. Board members responded to each of the questions and concerns noting that the franchise agreement, although 20 years in length, was not exclusive. Supervisor Hayes read aloud the portion of the franchise agreement regarding dissolution. The board continued, noting that rates are regulated by the Federal Communications Commission, and mini-dish satellite systems and new technology should provide adequate competition in the near future. The board also informed the public that AuSable is one of the few townships that do not currently collect a franchise fee, thereby saving the citizens an additional 5%. Superintendent Wilson read a budget question from a citizen who could not be in attendance regarding the Draft 2005 Budget. The citizen wondered whether or not the board had budgeted any money to address reopening the free boat launch near Children's Park and further if anything could be done to get the launch open again. Lamrock responded that the board did not specifically allocate any money towards repair or renovation of the boat launch. As to the feasibility of renovation, Lamrock said he was unsure and suggested that the only way to know for sure would be to hire an engineer. Discussion also ensued regarding pending legislation that may fund dredging of the AuSable River for one-quarter mile west of the U.S. 23 bridge. Another budget question regarding the amounts set aside for medical benefits was also discussed. Motion by Lamrock to close the public hearing and re-open the regular meeting, seconded by Gary. Roll call: All yes, motion carried. MEETING AGENDA: Hayes proposed adding an item to new business, regarding a DTE Tree Grant Application for Parks and Recreation. Motion by Gary, seconded by Lamrock, to accept the meeting agenda as amended. Roll call: All yes, motion carried. PUBLIC COMMENTS: Al Gonsler questioned the board as to how long it would be before the board acted to adopt the new zoning ordinance and stated that he would like it done as soon as possible because he feels he is losing potential buyers because of township delays. Bud Rick made a complaint regarding the early closure of the dumpster on the last Saturday in November and suggested that the board consider the possibility of further changes to the program. Bill Bryant questioned whether commercial dumping was taking place. Jan Baldwin asked about the possibility of adding another dumpster to certain weekends and possibly rescheduling dates that are known to fall on holiday weekends. CONSENT AGENDA: Motion by Gary, seconded by Poland to accept the Consent Agenda approving the Township Minutes of 11/15/04 and 11/22/04; and authorize payment of the General, Water and Sewer fund bills. Roll call: All yes, motion carried. SUPERINTENDENT'S REPORT: Wilson stated that she would use this portion of the meeting to obtain direction from the board on various issues because of concerns regarding the Open Meetings Act. Wilson asked the board if she needed specific consent to spend money, if money had already been appropriated in the budget Wilson was informed that the consent has historically been sought whenever time permitted. Wilson also asked if the board needed to approve all grant applications. The members instructed her that she should seek approval from the board because of match requirements. Wilson informed the board that the mileage reimbursement currently authorized for use of privately owned vehicles was below that offered by the Internal Revenue Service and sought direction as to how or if the board wanted to adopt the new rate. After some discussion, Wilson agreed to bring back something for the board to act upon at the December 20, 2004 meeting. Medical benefits for elected officials and the possibility of ordinance amendments were also discussed, but action was delayed until later in the meeting. Finally, Wilson sought guidance from the board regarding the new zoning ordinance. After much discussion, the board reached consensus to have the Planning Commission review concerns related to the zoning along Harbor Street at their next meeting on Wednesday, December 8, 2004. Poland asked if Beckett & Raeder would be able to send a representative to the board meeting when adoption of the ordinance would be considered. There was no objection to the suggestion. GROUP INSURANCE PLAN REVISIONS: Motion by Gary to have the first reading of the draft group insurance plan ordinance (#85 if adopted) read into the record as presented, seconded by Beliveau. Discussion ensued regarding who would be authorized to take the benefits and when, but in the end, no changes were recommended. Roll call: All yes, motion carried. RESOLUTION TO ESTABLISH SALARIES FOR NEWLY ELECTED OFFICIALS: Lamrock read the resolution to establish trustee per diem at $60 and moved to adopt the resolution as read, seconded by Reeder. Roll call: All yes, motion carried. Lamrock read the resolution to establish the Treasurer's salary at $19,630 and moved to adopt the resolution as read, seconded by Hayes. Roll call: All yes, motion carried. Hayes read the resolution to establish the Clerk's salary at $9,800 and moved to adopt the resolution as read, seconded by Reeder. Roll call: All yes, motion carried. NEW BUSINESS: TRUSTEE WORKSHOP: Motion by Lamrock to authorize payment for Mike Poland to attend new elected official training class, seconded by Reeder. Roll call: All yes, motion carried. INDEPENDENT BANK ACCOUNTS AUTHORIZED SIGNATURES: Motion by Gary to approve the resolution to remove Bobbi Kopko and Della Schweickert as authorized signers and to add Ron Lamrock, Ron Gaskell, and Judy Reeder as authorized officials to sign for the accounts. Roll call: All yes, motion carried. 2005 DUMPSTER & RECYCLING SCHEDULE: Wilson presented a proposed schedule. Discussion ensued and after much deliberation Lamrock moved to amend the presented schedule, by rescheduling the second Saturday in May, the 14th, to the fourth Saturday in April the 23rd, and to continue to offer the permits at $10 each in 2005, seconded by Beliveau. Roll call: All yes, motion carried. Based on the discussion and earlier complaint, Lamrock asked Wilson to consider adding a third dumpster to the November schedule, leaving just one dumpster in March. MDOT PERFORMANCE & INDEMNIFICATION RESOLUTION: Lamrock moved to adopt the resolution as presented, seconded by Hayes. Roll call: All yes, motion carried. HSRUA 2005 BUDGET: Lamrock introduced the HSRUA budget to the board members explaining a reduction in costs associated with contracted services due to retirement of water tower debt that had been undertaken by the contractor, Earth Tech. Motion by Lamrock to authorize the HSRUA representative to vote in favor of the adoption of the budget as presented, seconded by Hayes. Roll call: All yes, motion carried. ORDINANCE TO AUTHORIZE GRANTING OF THE CABLE FRANCHISE AGREEMENT: Lamrock made the first reading of Ordinance #86. After some discussion, Lamrock moved to adopt the ordinance as presented and to make it effective after a second reading and thirty days after publication, seconded by Poland. Roll call: All yes, motion carried. SBC METRO ACT PERMIT REQUEST: Motion by Lamrock to reject SBC's request for a Metro Act permit based on Mr. Eppert's advice that the term of the contract need, to exceed five years and be bilateral in nature. Further authorizing Superintendent Wilson to notify SBC of the rejection, seconded by Beliveau. Roll call: All yes, motion carried. 2005 BUDGET: During discussion Poland asked Wilson to seek an explanation from Oscoda Township regarding the increase in intergovernmental contracted services. Based on a recommendation offered by Gary, Lamrock moved to adopt the Budget for 2005 as amended to authorize an increase in the contribution to pension funds to the following amounts: Staff and Treasurer = $1,800, Clerk = $1,200, Supervisor to $500, and Trustees = $360 and a decrease in the Clerk's salary to $9,001, second by Hayes. Roll call: All yes, motion carried. DTE TREE GRANT: Hayes asked that the board authorize application for a grant to fund the planting of trees along U.S. 23 between the U.S. 23 AuSable River Bridge and Oscoda or in local parks. Deadline for application submission is December 31, 2004. Lamrock voiced concerns about the lack of a detailed plan and shortness of time to prepare and complete the application. Hayes explained that the grant required a 50% match. Motion by Gary to have the Superintendent apply for the grant, seconded Poland. Roll call: Gary-Yes, Beliveau-Yes, Poland-Yes, Reeder-Yes, Lamrock-No, and Hayes-Yes, motion carried. RESOLUTION TO ESTABLISH CLERK'S SALARY: Lamrock read the resolution to establish the Clerk's salary at $9,001, effective on November 20, 2004 and throughout 2005. Beliveau moved to adopt the resolution as read, seconded by Gary. Roll call: All yes, motion carried. BOARD COMMENTS: Beliveau commented on the lengthy agenda and he'd like to see fewer action items on any given agenda in the future. PUBLIC COMMENTS: Larry Baldwin: Asked if Dumpster Permits would be on sale the next day for $10 and was told they would be. Yvette Ramsdell: Asked if the Clerk and Treasurer would be taking health insurance benefits. Reeder and Lamrock both indicated they were not planning on taking the benefits at this time. Dolores Svoboda: Asked if Harbor Street could be excluded from the zoning ordinance and the rest of the document adopted. The board indicated that it was probably possible, but not preferable because of increased hearings and publishing requirements. ADJOURN: Motion by Gary, seconded by Lamrock to adjourn, 9:35 PM. All in favor, motion carried. Ronald J. Lamrock, Clerk Dan Hayes Jr., Supervisor Charter Twp. of AuSable Township Charter Twp. of AuSable Township 3 3