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RAY TOWNSHIP BOARD OF TRUSTEES Location: Ray Township Hall
64255 Wolcott, Ray, MI 48096
Present: Charles Bohm, Supervisor
Paula Artman, Clerk
Douglas Stier, Treasurer
Betty Grader, Trustee
John Zoccola, Trustee
Also present: 13 citizens and Lt. Michael Shaw of the Michigan State Police
1. CALL TO ORDER – PLEDGE OF ALLEGIANCE AND ROLL CALL
Supervisor Bohm called the meeting to order at 7:30 pm and the Pledge of Allegiance was recited.
Supervisor Bohm, Clerk Artman, Treasurer Stier, Trustee Grader and Trustee Zoccola present.
2. Approval of Agenda
MOTION by Zoccola, supported by Grader to approve the agenda as presented.
MOTION carried.
3. Correspondence - none
4. Approval of Minutes
MOTION by Grader, supported by Zoccola to approve the March 6, 2012 minutes as amended.
MOTION carried.
MOTION by Grader, supported by Stier to approve the March 26, 2012 minutes as amended.
MOTION carried.
5. Approval of Bills
MOTION by Grader, supported by Stier to approve the bills list as presented totaling $11,149.22. MOTION carried.
6. Officer’s Reports
A. Supervisor
Supervisor Bohm said he is looking for nominations for ‘Volunteer of the Year.”
Bohm stated residents may opt out of the DTE Smart Meters. The Michigan Department of Energy has approved a resident’s right to refuse the meters but will allow DTE the right to charge a resident for that privilege. At this time no price has been determined.
Bohm provided a list of foreclosed property in the township.
Bohm once again asked residents with comments to step up to the podium and state name and address.
b. Clerk
Clerk Artman said the attorney’s office informed her that Motor Vehicle Ordinance 66 needs to be updated.
Artman read a time line on the New Haven Road property; from the purchase up to the latest conversation with the Township Attorney.
Timeline New Haven Road- Barn – Personal Property
Property acquired by Township – July 8, 2011Previous Owner notified by the township on July 20, 2011 that his personal property was abandoned. The owner was asked to provide vehicle titles and to contact the township within 10 days. The letter was not sent registered. The owner was not given any time frame to remove his personal property.A decision was made to accept bids for the personal property. Nothing was in the September 2011 minutes supporting this action.Prior to September 15th- Ballor Towing was contacted for bid on items in barn.Second highest bidder responded Sept 21Third highest bidder responded Sept. 28Third highest bidder received an email from the supervisor that bids were due no later than 10/3High bidder responded late Oct 4. Should have been disqualified.Bid award took place at the October 4, 2011 board meeting. Bid award of $6,165.00 included in minutes.Letter sent to high bidder on Oct 5 – Payable upon receipt of award and remove material within 30 days.High bidder on 10/20/11 paid $6,150 short $15. Not the total bid.Judge LeDuc was contacted – prior to Dec. 20th requesting help for acquiring personal property (Complaint to Foreclosure Storage Lien). The Township Attorney was not used!!Complaint was filed in 42-1 District Court Jan 3, 2012Property owner had 21 days to answer. He did not appear.Property owner sent a letter to the Township on 2/1/2012 offering $15,000 to buy back his property.Property Owner was contacted and advised that based on our attorney advice we could not accept his offer. The attorney says the property should be sold competitively through a bid process.Civil Default 42-1 District Court against the owner of the personal property entered 2/2/2012 and mailed to Ray Township 2/8/12March 14 & 21 - contacted the Attorney’s office re: the Ray Township policy for the Disposal of Township Equipment. Bob Seibert’s advice was to re-bid the items in the barn according to the Policy. (It states that you must publicly advertise for sealed bids or public auction). Also we did not own or have title to the personal property as of yet. You can’t sell what you don’t own according to the township attorney.Default Judgment was signed by Judge LeDuc and dated 3/23/12. This shows ownership of the personal property. According to our attorney and our own Township Policy this personal property is now owned by the township and only now can we bid this out.
c. Treasurer
Treasurer Stier reported that 95% of the winter taxes were collected. The tax warrant has been finalized and presented to the County.
Stier reported he has received two scholarships to attend the MMTI but they will not cover the whole cost.
d. Trustees
Trustee Zoccola asked if there was a traffic count on Ray Center, from 26-28 Mile Road. Bohm stated that information was not provided and this will be discussed in more detail later.
7. Department Request/Reports
a. Building report
MOTION by Zoccola, supported by Artman to receive and file the building report as presented.
MOTION carried.
b. Letter from Bob Beckett to Mr. Michael Vargas (ISO)
Building Inspector Bob Beckett wrote a letter in response to the latest ISO rating asking for permission to incorporate the SEMBOIA checklist into our procedures and bring up our ISO rating.
c. Recreation Report – March 2012
Trustee Grader complimented on the Easter Egg Hunt.
MOTION by Stier, supported by Zoccola to accept the recreation report through March 2012 as presented. MOTION carried.
The Building Department provided a report on engineering fees/deposits for various projects. The funds deposited on these projects have not been handled properly. The engineer has inspected several sites to see if the money can be released. Some were given an all clear status and can be refunded, others still have unfinished items.
Macomb Airways and Ray Community Airport have outstanding items. Indian Springs North is complete and the money refunded. Murray Private Road is complete and the money refunded. Penzien Golf Course is complete and can be refunded. Roxbury Lane funds can be held only if the township completes the road. The road will cost more to finish then the township is holding. Townsend Village is still in progress. A meeting is planned to discuss the discharge into the Healy Brook Drain. The State had a 30 day public notice period and the Health Department sent a letter of objection. Sova Outside Storage is complete and can be refunded. Mountaintop Church has not been released do to drainage issues. Wolcott Mill Estates owes money from investigations into the water drainage and should be written off. In the future all escrowed money will be handled as a liability on the financial statements.
8. Unfinished Business
a. Police Millage Language – Adopt Resolution Supporting Language for Police Millage as presented by the Attorney’s office
Resident Bill Kehrer, 20015-30 Mile Road asked Supervisor Bohm to read the resolution aloud. Mr. Kehrer asked the board to table the language since the approximate $175,000.00 to be collected is more than the amount estimated ($136,000.00) for police service and questioned where the excess money would go. He was informed this money will only be used for police service and nothing else. The police protection millage dollars will be handled the same as the Fire Department millage dollars. This cannot be spelled out in the language residents will see on the ballot.
MOTION by Grader, supported by Zoccola to approve Resolution 2012-02 as presented, regarding police protection in the Township of Ray and for it to be placed on the November 8, 2012 election ballot. Roll Call Vote: Aye-Grader, Zoccola, Artman, Stier, Bohm. Nay-none. RESOLUTION 2012-02 carried.
b. Tax Reversion Properties – Review 3 properties – Roxbury lane, next to Edison easement and New Haven Road (Barn)
Supervisor Bohm stated the appraisals in the packet were not done by a certified appraiser but rather a real estate agent knowledgeable with sales in the township. New Haven Road was appraised at $7,500 - $10,000; purchased for $4,903.05. Roxbury Lane $29,100 - $30,900 per parcel; paid $18,756.28 total not per parcel. Romeo Plank Property $64,450 to $67,077; paid $5,920.78. The amounts stated did not include the taxes the township has paid for 2011. The Fire Department is interested in the Roxbury Lane property for a future fire hall. Supervisor Bohm had a call from someone interested in the Romeo Plank property for the appraisal cost. He asked the board for direction on how to proceed with selling tax reversion property. Trustee Zoccola agrees with holding on to the Roxbury Lane parcels and to sell the Romeo Plank parcel. Treasurer Stier asked if the board would agree to take the money from any sold property and set up an account earmarked for future land purchases. The board did not see a point in setting up a specific account. Discussion ensued on how to sell the property. Do we hire a real estate agent or sell it ourselves?
Lori Diener, 18780-29 Mile Road stated if a real estate agent is used, 6% will be taken off the top for their fee. She feels it needs to advertised so any interested party has a chance to buy.
Clerk Artman stated the current policy for selling property does not distinguish between real and personal property. The two choices are; advertise and sell at a public auction or take sealed bids.
Tom Hancock, 18359-27 Mile Road feels the current policy doesn’t address real estate sales and it should be revised to differentiate between real and personal property sales.
MOTION by Bohm, supported by Zoccola to inquire of the township attorney how to proceed with selling current and future tax reversion property. MOTION carried.
New Haven Road abandoned property. Supervisor Bohm took the court order rendered on this property to the Secretary of State Office and was assured the paperwork would provide any person the property was sold to the right to obtain titles as long as they have a ‘Bill of Sale’. The sum of the sale has to be divided between the items sold in agreement with Blue Book prices. Clerk Artman feels the Board should follow the attorney’s advice and nullify the deal and re-bid. Bohm admits the property was not advertised but thinks it would be wrong to start over when they were proceeding as advised by the sheriff and court. Bohm feels the township had ownership but did not have individual titles. Zoccola agreed with Bohm's assessment.
MOTION by Artman, supported by Grader to advertise for bids on the personal property in the barn on New Haven Road, parcel 05-24-200-006. Roll call vote. Aye - Artman, Grader. Nay - Stier, Zoccola, Bohm. MOTION failed. Township to honor current deal.
c. Ray Township Spending Limits Policy Review
Bohm had a couple word changes and would like to see under the last bullet the procedure for sealed bids included. Grader asked who determines if a project is over $5,000.00? Zoccola would like to see the sealed bids opened at a board meeting for the public to see. Bohm and Artman didn’t feel this was necessary as long as proper procedure is followed. Sealed means a sealed envelope, items can not be sent or accepted through an e-mail.
MOTION by Grader, supported by Zoccola to table the Ray Township Spending Limits Policy for revisions. MOTION carried.
d. Review of Ordinances 40, 41, 42
Ordinance 40, Fiscal Year Ordinance
MOTION by Grader, supported by Zoccola to table Ordinance 40 for revisions. MOTION carried.
Ordinance 41, Ray Township Construction Code Ordinance
MOTION by Zoccola, supported by Stier to approve Ray Township Construction Ordinance 41 as presented. MOTION carried.
Ordinance 42, Ray Township Residential Parking Ordinance
MOTION by Stier, supported by Artman to approve Ordinance 42, Ray Township Residential Parking Ordinance as presented. MOTION carried.
e. CDBG 2012 Project – Implementation Schedule Requested from Macomb County Planning and Economic Development
Clerk Artman is seeking board permission to proceed with a multi-year CDBG project for the expansion of the senior parking lot. CDBG brick and mortar funds would be used from 2011 and 2012, money currently approved by CDBG. Future funds for 2013 and 2014 would need to be put toward the project also. Future funds are not always guaranteed. Artman is asking the board to allow her to contact AEW and get a firm price on the project. There is a previous quote from AEW with them handling the complete project from start to finish; engineering, paperwork, etc. The project would add ten parking spaces on the north side of the Township Hall. Trustee Grader would like to see lights along the spaces. If future CDBG funds are eliminated the township would bear the burden of the cost.
MOTION by Zoccola, supported by Grader to grant permission for the Clerk to get an estimate for design of the senior parking lot expansion from the township engineer and present it to the board before taking the next step. MOTION carried.
f. 2012 Limestone Program (Macomb County Dept. of Roads)
Supervisor Bohm stated there will be 3 miles of limestone available at a 90/10 cost share; township cost $6,450.00 per mile. Two miles were considered in the budget. Traffic counts were submitted for the most heavily used township roads. The HCMA Office is situated on the third busiest stretch; Ray Center, 28 Mile to Indian Trail and they have agreed to pay half the cost for the frontage of their property situated on Ray Center Road (approximately ½ mile). Zoccola asked about the stretch of Ray Center Road along the frontage of Wolcott Mill Golf Course. The count isn’t on the list yet it is heavily traveled and the road is in terrible condition. Bohm stated a road work order can be submitted for repair of this portion. Grader would like to see the HCMA contribute more to the limestone project since they benefit greatly from it.
MOTION by Grader, supported by Artman to apply limestone to 28 Mile, Hayes to Romeo Plank; Omo, 26 Mile north to the Coon Creek bridge; Ray Center, 27 Mile to Indian Trail (with participation from HCMA). If more miles become available, start on 30 Mile Road, Wolcott to North Avenue. MOTION carried.
9. NEW BUSINESS
a. Policy for Sealed Bids, Invitation for Bid (IFB)
MOTION by Stier, supported by Zoccola to table the Policy for Sealed Bids for attorney clarification. MOTION carried.
b. Township Grass Cutting Contract
Bids not due until April 10, 2012 at 5:00 pm.
c. BS&A Software – Access to Assessing System
1. Romeo Computer – BS&A software installation ($330.00)
This allows Romeo Computer to set up a link on the township website that would direct all inquiries to a BS&A site where assessing, tax, and building information could be viewed. Residents can look up their parcel for free all others would have to pay a $2.00 fee to BS&A. This also allows BS&A to backup the programs every night so information is always current. The only two communities in Macomb County not providing the service are Ray and Armada. Another option was for the Township to pay $3,000.00 a year and all inquiries would be free of charge.
MOTION by Stier, supported by Zoccola directing the Treasurer to proceed with the pay per hit option through BS&A and approve payment to Romeo Computer for no more than $330.00 to set up the link. MOTION carried.
d. Lt. Michael Shaw – Platoon Command Office Michigan State Police
Lt. Shaw spoke on services provided by the Michigan State Police to Ray residents. Lt. Shaw is responsible for all non-policed townships and areas in his district. Our area is covered by the metro post out of Oak Park. Currently there are two troopers in our area out of Bruce Township from 6am to 6 pm. Two officers rotate on 12 hour shifts. From 6 pm to 6 am a car comes from the Oak Park post. Contractually the troopers have to double up and ride in one car from midnight to 6 am. There is 24 hour-7 day coverage in our area. Lt. Shaw stated there really isn’t much crime in our area. Twenty calls were received in the last month from all the covered area. Most of them are for burglar alarms. A third party (Macomb County Dispatch) is relied upon to dispatch calls to the Michigan State Police. Macomb County Dispatch decides whether to:
1. Send a car
2. Call someone else to send a car
3. Forward the call to the Oak Park dispatch center, which then dispatches the car in our area
The Michigan State Police can not dispatch a car to calls they are unaware of. For non-emergency calls a resident can call the non-emergency number and they will dispatch as officer as soon as possible. Residents will get a call letting them know when an officer will respond. A motorcycle police presence will be seen along the M-53 corridor once the riding season starts up. In addition a motorcycle trooper will be posted out of the Bruce Township office for the area. There is also a community service trooper who is available to talk or provide presentations for the communities they service. If asked they will show up for community events and provide emergency vehicles. Lt. Shaw does not want residents to think there is no police service in our area. If five (5) second service is wanted then the community needs to hire their own police patrol. Otherwise the State Police is already in the community ready to respond when dispatched.
MOTION by Stier, supported by Zoccola to extend the meeting. Motion carried.
e. Replacement of Tot Lot Sand Digger (approx. $525)
Parts for the sand digger in the tot lot are no longer available. It has been recommended by Maintenance Supervisor Kirk Williard to replace it.
MOTION by Stier, supported by Zoccola to purchase a new sand digger at a cost not to exceed $525.00. Motion Carried.
f. Brine Solution – Dust Control Program (Macomb County Dept. of Roads)
The Department of Roads will apply two applications of brine solution at no cost. Additional applications can be requested at a cost of $9,157.50.
MOTION by Zoccola, supported by Grader to contract with the County for two applications of brine on all gravel roads in the township and on a spot basis afterwards. Motion carried.
g. Trash Hauling Contract
Republic Services has submitted a proposal for trash hauling. There are three options:
1. Service currently provided
2. Extension of current contract with recycling. Each person currently contracting with Republic Services
would be given a free cart for recycling.
3. Extension of current contract, recycling optional (this would double the recycling cost to the resident)
Containers provided free of cost.
Current contract has been extended until July 1, 2012. There is a question on whether residents have to have Republic Services garbage cans.
MOTION by Grader, supported by Stier to table trash hauling contract for further information. Motion carried.
h. Brick Pavers – Ray Township Library
The Library is seeking permission to put brick pavers on both sides of the porch if they are free.
MOTION by Stier, supported by Zoccola to put brick pavers on each side of the porch as wide as the library if they are free. Motion carried.
10. Public Comments
Bill Kehrer, 20015-30 Mile Road stated he is ashamed of the board for not handling the New Haven Road deal properly. It is his opinion the bids were not handled in the right manner and the deal should have been thrown out. Supervisor Bohm feels they have acted in good faith based on advice received from the sheriff department and court from day one. Mr. Kehrer asked who took the bids and no one on the board could provide that information.
Amy Aul, 29 Mile Road stated she feels the bids have to be written down somewhere.
Lori Diener, 18780-29 Mile Road supported Mr. Kehrer on his assessment of the New Haven Road property. She felt soliciting bids by word of mouth was not proper. She also felt the board members who voted to proceed with the sale of personal property should retract their votes.
Tom Haynes, 21639-30 Mile Road stated that with this being an election year it should be noted that the township has a policy for the sale of property and it was not followed. He would also like to see the roll call vote published in the paper.
11. Adjournment
MOTION by Stier, supported by Grader to adjourn the meeting at 10:37 pm.
____________________________ ________________________ _______________
Charlie Bohm, Supervisor Paula Artman, Clerk Date
Respectfully submitted,
Dora Osborne, Recording Secretary
