KIMBALL TOWNSHIP BOARD OF TRUSTEES
2160 WADHAMS ROAD, KIMBALL, MI 48074
REGULAR MEETING
DECEMBER 20, 2022
6:30 P.M.
Usakowski opened the meeting at 6:30 p.m. with the Pledge of Allegiance.
ROLL CALL OF OFFICERS: Usakowski, Jackson, Wrubel, Hoffman, Deland, Ward and Nelson.
ABSENT: None.
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APPROVAL OF AGENDA
Wrubel: Under New Business add D. Bid for Tree Work. Jackson: Under New Business add E. Resolution 2022-25, and F. Uncollectable Fire Bills.
Wrubel motioned to approve the agenda as amended supported by Deland.
Motion Carried.
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PRESENTATION OF MINUTES FOR DECEMBER 06, 2022
Deland motioned to approve the minutes of December 6, 2022 meeting as presented supported by Jackson. Motion Carried.
III. CONSENT AGENDA AND COMMUNICATIONS
A.
Check Register from 11/30/2022 to 12/13/2022
- Revenue & Expenditure Report for Period Ending 12/31/2022
Usakowski explained that we have bills totaling $306,865.73.
Deland questioned about new fuel charges on page 6 and 7.
Carwyn explained.
Jackson motioned to receive and file reports and pay the bills totaling $306,865.73 supported by Wrubel.
ROLL CALL VOTE: YES: Jackson, Wrubel, Usakowski, Hoffman, Deland, Ward and Nelson. NO: None. ABSENT: None. (7-0-0) Motion Carried.
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BOARDS AND COMMISSIONS
- Board of Public Works of the County of St. Clair Minutes for 11/22/2022
- Board of County Road Commission of the County of St. Clair Minutes for 11/22/2022
- Cemetery Advisory Board Minutes for 10/12/2022
- Zoning Board of Appeals Meeting Minutes for 09/13/2022
- Planning Commission Meeting Minutes for 09/27/2022
- County Road Commission/Public Works 2023 Schedule of Meetings
- Board of Public Works of the County of St. Clair Minutes for 11/22/2022
Hoffman motioned to receive and file boards and commissions supported by Nelson. Motion Carried.
- PUBLIC COMMENT (Brief Comments)
Dennis McCallom, 702 Allen Road: Concerned about getting his water bill so late. There was nothing on the website or social media about why they were so late. Are you going to wave the late fee on this?
Jackson: The bills were mailed out weeks ago and the post office were the ones that controlled it then. We have addressed the post office about this.
Usakowski: Once they are delivered to the post office it is out of our control.
Discussion.
Matt Crowe, 7261 Smiths Creek Road: Regarding contamination with Domtar.
Usakowski: The news and the attorney general was incorrect about naming Kimball Township as one of the location with the Domtar dumping. The Times Herald did correct the press release.
Discussion.
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OLD BUSINESS
- Ordinance #142-53
- Ordinance #142-53
Usakowski: Discussion of Time Line.
- November 2008 Medical Marijuana
- 2010: Zoning on Compassion Care Center (December 2010)
- 2011-2020: Attorney suggests not to adopt ordinance.
- July 2018: (DeRoiter) lost.
- November 2018: Ballot, Recreational and Commercial. We opted out.
- April 2020: Supreme Court ruled in favor of municipalities.
- December 2020: Lps vs Pontis.
- January 2021: Supreme Court, Miller Home Occupations.
- July 2022: Moratorium.
- September 2022: Metro Planning Commission.
- October 2022: Additional Input.
Agreed to return this back to the township board and they felt like they have exhausted their efforts.
There were 11 concerns that the residents have mentioned at one time or another.
- Keep 1,000 feet from residential properties, schools and churches
- Don’t allow them to grow outside
- Potential water loss on wells
- Butane used in processing
- Lack of notifying neighbors
- Pollution concerns
- Electrical risks and the drain on the electrical grid
- Concerns about odor
- Lighting concerns
- Permanent damage to dwellings
- Need for personal inspections
Nine of these have been addressed in the ordinance.
Usakowski: I personally think that we should adopt this. It’s not perfect but I think it’s the best we can do for right now.
Matt Crowe wondered about the house across the street from him being built on Smiths Creek Road. He is supposed to be living in the house right?
Usakowski: PRE committed to community.
Discussion.
Usakowski motioned to adopt Ordinance 142-53 supported by Jackson.
ROLL CALL VOTE: YES: Usakowski, Jackson and Wrubel. NO: Hoffman, Deland, Ward and Nelson. ABSENT: None. (3-4-0) Motion Denied.
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NEW BUSINESS
- Allen Road Water Flow Study
Usakowski: Tetra Tech gave options for rerouting sewage on Allen Road Lift Station. They recommended putting in a Force Main down Range Road.
- Allen Road Water Flow Study
- No longer have an office in St. Clair County.
- Heavy wet weather event.
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Equipment not working for one and a half months.
We need to look at a new engineer and level of service.
It would be an estimated $4.8 million project.
Discussion.
Usakowski: We would have to borrow money (bonds), and pay back over a number of years and create a Special Assessment District. We would have to go through a legal requirement. We need to put out a RFP for services.
- Boards and Commissions Expiring Terms Needing Reappointment
We have Planning Commission member Gary Miller, all of our Board of Review members, Zoning Board of Appeals and Cemetery Board. Cheryl Struble will be the alternate for the Cemetery Board.
Usakowski motioned to reappoint the Boards and Commissions with terms as listed on page 44 supported by Deland. Motion Carried.
- Master Plan Update
We issued an RFP for the Master Plan Update. I personally contacted six firms that do Master Plans. One replied but they don’t have enough staff to do it. Metropolitan Planning Commission said that they would consider doing the Master Plan. They replied back and gave me a time line and the amount they will charge. It needs to go to our Planning Commission first. It will be contingent on approval by the Planning Commission. We did allocate $40,000 to Planning Commission of ARPA Funds.
Discussion.
Usakowski motioned to approve the agreement with Metropolitan Planning Commission to do our Master Plan not to exceed $14,550.00 contingent on the Planning Commission approval supported by Deland.
ROLL CALL VOTE: YES: Usakowski, Deland, Ward, Hoffman, Wrubel, Nelson and Jackson. NO: None. ABSENT: None. (7-0-0) Motion Carried.
- Bid for Tree Work
Wrubel explained that the brush and trees at the water tower needs to be cut and trimmed back. There is a Poplar at the fence that really needs to be cut down. The fee to do this will cost $2,000. Also, there is a large limb by the DPW that needs to be removed.
Deland motioned to approve the tree and brush work at the water tower by Alex and Sons for $2,000 and another $500 for the DPW branch work supported by Hoffman.
ROLL CALL VOTE: YES: Deland, Hoffman, Jackson, Usakowski, Wrubel, Nelson and Ward. NO: None. ABSENT: None. (7-0-0) Motion Carried.
- Resolution 2022-25
Jackson explained that this pertains to switching backs to Eastern Michigan bank for the fire millage. They don’t charge any analysis fees.
Deland motioned to adopt Resolution 2022-25 to switch to Eastern Michigan Bank for the Fire Millage supported by Ward.
ROLL CALL VOTE: YES: Deland, Ward, Jackson, Hoffman, Wrubel, Nelson and Usakowski. NO: None. ABSENT: None. (7-0-0) Motion Carried.
- Uncollectable Fire Bills
Jackson explained that Tom Reilly just can’t get anywhere with some of these fire bills.
Jackson motioned to relinquish the fire bills 16-198, 19-406, 20-091, 20-190,
26-496, 28-519, 20-817 and 22-170 totaling $5,409.88 supported by Deland.
ROLL CALL VOTE: YES: Jackson, Deland, Hoffman, Wrubel, Ward, Nelson and Usakowski. NO: None. ABSENT: None. (7-0-0) Motion Carried.
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DEPARTMENT REPORTS
None.
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AUDIENCE PARTICIPATION
Dennis McCallum wanted a recap on the Allen Road study. You are not satisfied with Tetra Tech so you are looking for a different engineer company to take over.
Usakowski: Yes.
Discussion.
Crowe, 7261 Smiths Creek Road: Will you be extending the Solar Wind Ordinance since the Master Plan won’t be done right away?
Usakowski: Yes.
Discussion about the House of Pizza with the curbs and drains.
Update on Reck’s. They did have an inspection done but the problem is with their record keeping.
X. OFFICERS REPORT
A. Supervisor Usakowski
I went to a meeting about meters for water. There were 27 municipalities at this meeting and they all were complaining about not being able to purchase meters. They are working on an alternative for meters. It’s going to take a year to get any.
The Times Herald called to ask about the Domtar situation.
We did a holiday house decoration contest. The contest ends December 23rd.
B.
Clerk Wrubel
The DPW is working on bids for the new roof that needs to be replaced. They are going to go with a steel one.
The Sparlingville School Bell that used to be at the school was at the Port Huron Area School District and Jason went and picked it up. We need to know what we want to do with it.
Usakowski: We could make a stand for it and display it somewhere.
Wrubel: The water tower needs to be inspected again and the company that I contacted, Nelson Tank and Tower, they will have divers go in and vacuum the bottom of the water tower. It has to be done after so many years. They also need to paint the inside and the outside of the tank.
We are also working on the generator on Allen Road.
- Treasurer Jackson
Review of Financials.
- Trustee Hoffman
No report. Questioned about the bonfire at round-a-about.
Jackson: They did purchase a burn permit I think.
Wrubel asked Hoffman if he had any information regarding the Planning Commission with the Solar and Wind.
Hoffman explained that they haven’t figured out what can be done.
- Trustee Deland
What are they doing at the Allen Road round-about?
Usakowski: At one corner they are putting in a gas station and the other corner they are talking about putting in a hospice care facility.
Deland questioned about the Solar Farm.
Discussion.
- Trustee Nelson
Questioned about the property split across the street at the Zoning Board of Appeals meeting. Things need to be done in writing and approved.
- Trustee Ward
No report.
- ADJOURNMENT
Deland motioned to adjourn the meeting at 8:20 p.m. supported by Ward.
Motion Carried.
Meeting adjourned at 8:20 p.m.
Submitted by Becky Wrubel, Clerk