Minutes - Board of Trustees|




AUGUST 03, 2021

6:30 P.M.

Usakowski opened the meeting at 6:30 p.m. with the Pledge of Allegiance.

ROLL CALL OF OFFICERS: Usakowski, Wrubel, Hoffman, Deland and Ward.


ABSENT: Jackson and Sturdevant.



    Usakowski: Add Outdoor Gathering Permit after Public Comment.


    Wrubel motioned to approve the agenda as amended support by Ward.

    Motion Carried.



    Deland motioned to approve the minutes of July 20, 2021 as presented supported by Wrubel. Motion Carried.



Check Register from 07/10/2021 to 07/28/2021

  1. Revenue & Expenditure Report for Period Ending 07/31/2021

Deland: Big Brother Lawn Care for Library, are we getting reimbursed for that?


Usakowski: Yes.


Wrubel: How often are the Porta Johns getting pumped out?


Usakowski: I believe it’s every two weeks.


Deland: Is that enough?


Usakowski: There are three at the Sutherland Park.


We have bills totaling $406,154.15.


Wrubel motioned to receive and file and pay the bills totaling $405,154.15 supported by Ward.


ROLL CALL VOTE: YES: Wrubel, Ward, Deland, Hoffman and Usakowski.

NO: None. ABSENT: Jackson and Sturdevant. (5-0-2) Motion Carried.


    1. St. Clair County Depart. of Public Works Minutes for 07/06/2021
    2. St. Clair County Board of County Road Comm. Minutes for 07/06/2021
    3. July Board of Review Minutes for July 20, 2021

    Deland motioned to receive and file boards and commission supported by Hoffman. Motion Carried.


  1. PUBLIC COMMENT (Brief Comments)

Kristina Nelson,
7265 Smiths Creek Road: Regarding the property at 7268 Smiths Creek Road. How many barns are they allowed to put on that property for marijuana?


A lot of families around that property are concerned about the smells and the electricity usage and butane usage for marijuana growing.


Scott, 7249 Smiths Creek Road: Same problem that Kristina talked about.


Dawn Nowicki, 150 Burns Road: concerned about the problems that property will create.


Matt Crowe, 7261 Smiths Creek Road: Also concerned about the problems that 7268 Smiths Creek Road will create by growing marijuana.


Woodrow Nelson, 7263 Smiths Creek Road: Wants to know what the next step would be to stop another person from doing this.


Anthony Castonia, 7395 Smiths Creek Road: Here for the same problem. Asked if anyone here would like to have this in their neighborhood? This should not have been able to happen.


Jeff Castonia, Richman Road: Same issue and complaint. I tried to buy some property next to me and parcel it off for my kids. Neil told me that I can’t do that. You can’t be smaller than x amount of acres. So someone else buys it and parcels it off to two and a half acres, two and a half acres on both sides of them and then sells the property. What do we have to do to stop all this marijuana problems?


Sherry Simpson, 7340 Smiths Creek Road: Same issues and concerns.


Candice Bradley, 7330 Smiths Creek Road: Same issues and concerns.


Sharon/Art Plummer, 7320 Smiths Creek Road: Same issues and concerns.


Usakowski explained what we can and cannot do with the Medical Marijuana Act.

It gives us very little control over the matter. The person with a medical marijuana card who are caring for a patient are permitted to grow 12 plants and some of them plants are as big as a tree. As a caregiver, you can have five patients. But they need a license to grow marijuana plants and to be a licensed care giver. You can grow 12 plants per patient.

Splitting Property-Assessor: There are State regulations that have to be followed on splitting property. If there are exceptions to that, it has to go to the Zoning Board of Appeals. In those cases, there is notification that goes out to neighbors that are within 300 feet.


In our Zoning Ordinance, there is a requirement for a house with accessory buildings but that is only in R-1, R-2 and R-3. That entire area is zoned Agricultural.


Grass cutting doesn’t apply in agriculture.


Electricity: Vague laws defined in court.


We have opted out of all the commercial marijuana practices. Medical Marijuana did not give us an option of opting out.


Planning Commission will be the ones to discuss the issues with the marijuana growing.


For agriculture if you are using an out building for farming the fields, you can have one without having a house.


We have no authority to police the situation.


Usakowski explained further.


Elections Signs

Anthony Castonia: I have several Trump signs across my property and I recently got a letter from the township saying I have to remove my Trump signs because one person complained about them.


Usakowski: The ordinance on this subject says that you have seven days after the election to remove the signs. In order to keep the signs up, you have to take the election part of it off of them. The ordinance doesn’t concerns flags just the signs.


    Outdoor Gathering on Flinchbaugh

Barb Oswald, 5648 Flinchbaugh: Regarding last month’s noise ordinance. I just want to get an update on the problem.


Usakowski: We issued them four tickets. One for noise on Friday, noise on Saturday, violating the outdoor gathering permit on Friday and violating the outdoor gathering permit on Saturday.


Oswald: What were the results from the personal meeting with the Sheriff’s office? Are they going to respond and support Kimball Township?

Usakowski: I had a really good conversation with Sheriff King regarding this issue. He was very apologetic that it wasn’t taken care of. We are going to be meeting with Central Dispatch and the Sheriff’s department to discuss how we are going to handle ordinances that vary by townships. That is one of the issues that we run into is that not all ordinances are the same amongst all townships. We are trying to figure out a way to get them the access to that information.


Oswald: Is there a way to notify the residents if a permit is allowed that would proceed that noise?



Michael Browning, 2108 10th Street, Port Huron: I’m here because I would like to have an outdoor gathering of a paint ball tournament out on Lapeer Road on Labor Day. I know the owner, Nick. He said we could use his property. We don’t expect any loud noise or drugs. I gave you a layout and release form. It is on four acres and will be using netting to show the area we will be using.


Usakowski: I will work with you to print a map and you can highlight where certain things are occurring. That way the fire department can review it for emergency purposes. We want to make sure they can get in and out if they need to. We may still be able to approve it tonight contingent upon you getting that information to us. Thank you for doing it the right way.


Wrubel: Are there any homes around there?


Browning: There is a vacant home that is on the property. Also there is the Allstate building to the right of it.


Wrubel: So the paint won’t go through the netting?


Browning: No.


Hoffman: Is your insurance covering it?


Browning: Yes. It protects myself and the event.


Deland: Do you have parking?


Browning: To the right of the property there is some high grass and I have a gentleman that is coming in with a brush hog to use for parking.


Ward: Is 9 p.m. the time you are pulling people out of the woods?


Browning: It will wrap up at dusk.


Ward motion to approve the Outdoor Gathering Permit for Michael Browning contingent to receiving the map and insurance information supported by Hoffman. Motion Carried.


  1. Chief Gratz
    1. Fire Department Report (see attached report)

    Gratz went over the Fire Department report.


    Usakowski: What is leading to the increase?


    Gratz: It is human error, dry season and car fires.


    1. Fire Hose Purchase

    We are only going to purchase $4,000 worth of hose. Douglas Safety traditionally has the best hose price.


    Deland motioned to approve the purchase of the fire hose at a cost of $3,970.00 supported by Hoffman.


    ROLL CALL VOTE: YES: Deland, Hoffman, Ward, Wrubel and Usakowski.

    NO: None. ABSENT: Jackson and Sturdevant. (5-0-2) Motion Carried.


    1. BS&A Software for Cemetery Management

    Deputy Clerk Carwyn talked about a new Cemetery Software through BS&A.

    This software would allow us to take the Tyler Cemetery program and transfer all there information into the BS&A. BS&A Cemetery online will allow anyone to go and find where their loved ones are buried.


    Usakowski motioned to purchase the BS&A Cemetery Management Software at a cost of $5,980.00 plus travel expenditures up to $620.00 supported by Wrubel.


    ROLL CALL VOTE: YES: Usakowski, Wrubel, Hoffman, Deland and Ward. NO: None. ABSENT: Jackson and Sturdevant. (5-0-2) Motion Carried.


    1. Fire Billing-Invoice 21-331 (Responsible Party)

    Gratz explained what this bill pertains to.


    Usakowski suggests to leave this bill as is.


    1. Fire Billing-Invoice 26-698 (Uncollectable: Low Value)

    Usakowski motioned to waive this bill of $70.00 supported by Deland.


    ROLL CALL VOTE: YES: Usakowski, Deland, Ward, Hoffman and Wrubel. NO: None. ABSENT: Jackson and Sturdevant. (5-0-2) Motion Carried.

    1. Fire Billing-Invoice 20-563 (Uncollectable)

    The address was wrong for person responsible.


    Usakowski: Did the bill get sent to the right address?


    Gratz: Yes. Tom Reilly is going to take him to small claims court.




    Wrubel motioned to pursue with trying to collect the money for this bill supported by Deland. Motion Carried.


    1. Map Amendment R-2 to C-2

    Usakowski explained that this property is at the corner of 11th and Range Road.

    They want to change it from an R-2 to a C-2. The Planning Commission did approve it on June 23, 2021.


    Wrubel motioned to approve the change from R-2 to C-2 for the property at the corner of 11th and Range Road supported by Deland.


    ROLL CALL VOTE: YES: Wrubel, Deland, Ward, Hoffman and Usakowski. NO: None. ABSENT: Jackson and Sturdevant. (5-0-2) Motion Carried.


    1. Tri-Hospital EMS

    Usakowski explained how the calls are paid for with Tri-Hospital EMS. For each call, the person involved with the incident report is responsible for the bill. They are looking at alternatives for the incidents. A meeting with area township supervisors will be on Thursday, August 19th to discuss this issue.


    Wrubel: What would happen if we took care of the priority three patients and EMS just took care of the priority one and two patients?


    Gratz explained.


    Usakowski ask how they are staffed and how do they get paid.


    Gratz: They are paid by the hour and there are four employees.




    1. St. Clair County Road Commission-Ravenswood Road, Chip Seal Patching

    Usakowski: We are having issues on Sparling Road. They are doing some repairs to get it somewhat passable but it is still pretty rough. One thing he recommended for Ravenswood Road from Range to Wadhams is to redo the shoulders. He thinks that will help keep the road a little bit better. The cost of that would be $12,000.00.


    Wrubel: Is that in the budget?


    Usakowski: It’s not. The good news is that we are getting more monies than what we anticipate through Revenue Sharing so that number will increase.


    Hoffman: Are we allowed to use that Federal money?


    Usakowski: Yes, we could if we want to.


    Deland: Does this fall under the 50% sharing?


    Usakowski: It doesn’t because we already used up our 50% for the year.


    Usakowski motioned to approve the work order for $12,000.00 for Ravenswood Road from Range to Wadhams Road supported by Wrubel.


    ROLL CALL VOTE: YES: Usakowski, Wrubel, Hoffman, Deland and Ward. NO: None. ABSENT: Jackson and Sturdevant. (5-0-2) Motion Carried.






A. Supervisor Usakowski

I keep watching our state account to see if they have released our American Rescue Act Funds. They haven’t yet but it may happen this week or next. We will be getting $456,000.00 this tranche. Next year around the same time we will be getting another $456,000.00. We don’t have to spend this money until 2024.


Clerk Wrubel

Pond samples passed. Our grass cutter will be off next week.


  1. Treasurer Jackson

Absent. Usakowski gave Jackson’s financial report.


  1. Trustee Hoffman

Questioned about the sirens on Lapeer Road.


Gratz explained.


Hoffman: Griswold and Allen Road, what is going on there?


Usakowski: I think he is another grower. He’s zoned commercial I think.



Trustee Deland

When we had that special meeting about the marijuana when they first legalized it, and we opted out of it, was that just the recreational that we did.


Usakowski: There are three levels of commercial grow operations that are separate from the medical and we opted out of all three commercial.


Deland: Do we know for sure that these new buildings going up are for medical?


Usakowski: The State of Michigan controls that.


  1. Trustee Sturdevant



  1. Trustee Ward

We will be having a clean-up at the Little League Field on August 21st. We are working on getting a new concession stand.


Wrubel: Sturdevant wanted me to let everyone know that there is going to be a fish fry this Friday, at the American Legion and it is take out only at a cost of $8.00 per person. Also, the Masonic Temple is starting their breakfast back up this Sunday and the cost will be $8.00 per person.



    Wrubel motioned to adjourn the meeting at 8:43 p.m. supported by Deland.

    Motion Carried.


    Meeting adjourned at 8:43 p.m.


    Submitted by Becky Wrubel, Clerk


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