KIMBALL TOWNSHIP BOARD OF TRUSTEES
2160 WADHAMS ROAD, KIMBALL, MI 48074
REGULAR MEETING
OCTOBER 05, 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, Sturdevant, Hoffman, Deland and Ward.
ABSENT: Jackson.
ALSO PRESENT: Greg Stremers, Township Attorney.
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APPROVAL OF AGENDA
James Sargent requested to be put on November 2 agenda. Remove V. Fire Bill Appeal.
Sturdevant motioned to approve the agenda as amended supported by Deland.
Motion Carried.
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PRESENTATION OF MINUTES FOR SEPTEMBER 21, 2021
Ward motioned to approve the minutes as presented supported by Sturdevant.
Motion Carried.
III. CONSENT AGENDA AND COMMUNICATIONS
A.
Check Register from 09/16/2021 to 09/30/2021
- Revenue & Expenditure Report for Period Ending 09/30/2021
Deland: Page 13, $16,000.00 over budget on park.
Usakowski to review.
Sturdevant motioned to file and pay the bills totaling $3,207,308.03 supported by Wrubel.
ROLL CALL VOTE: YES: Sturdevant, Wrubel, Hoffman, Deland, Ward and Usakowski. NO: None. ABSENT: Jackson. (6-0-1) Motion Carried.
- BOARDS AND COMMISSIONS
- St. Clair County Board of Public Works Minutes for 09/07/2021
- St. Clair County Board of County Road Comm. Minutes for 09/07/2021
Sturdevant motioned to receive and file boards and commissions supported by Deland. Motion Carried.
- PROPERTY APPEALS
- Bill Thomas, 7264 Smiths Creek Road
The attorney for the neighbors submitted correspondence by email to our attorney Greg Stremers which is two pages long.
We also have two correspondents from Attorney Harrington who is here tonight. He is representing property owners from 7264 Smiths Creek Road and 4992 Griswold Road.
Moratorium was adopted on August 17, 2021. There is a provision for someone to appeal our decision.
Bill Thomas referred to 7264 Smiths Creek Road: Attorney Harrington sent Mr. Thomas documentation from Mr. Stremers yesterday, October 5th. Moratorium from August 17, 2021 should not apply for applications submitted.
Application was submitted August 12, 2021, application/documentation was being considered five days prior to Moratorium adoption to this property. Barn on premises is for Patient Caregiver.
Asked the board to recognize Moratorium does not apply. There would be a financial hardship, as client already owns property and is a Licensed Patient/Caregiver. His property has already been approved for building. Home on the property has been abandoned for 15 years, but there are plans to renovate, and sell or rent.
Wrubel: His paperwork was submitted on August 12?
Harrington: That’s our understanding.
Wrubel: Which is a Thursday and it takes a week to ten days to get building permits approved.
Harrington: Well, the date stamped is August 12.
Usakowski: If he has two properties, he is still limited to five patients and twelve plants per patient.
Harrington: That is correct.
Usakowski: Moratorium does allow for submission of appeal.
Stremers discussed resolution and provision for appeal take before the board.
Usakowski: There are legitimate concerns of Medical Marijuana operations. Some of the concerns are the smells and lights. Can they proceed based on the Moratorium?
Barb Sherlock, 1935 Ditty Road: Concerned about agricultural land being only 2.5 acres instead of ten.
Usakowski: In 2008 the Zoning Ordinance was changed. Before that ordinance, this size property was allowed.
Discussion.
Harrington: Addressed Condominium project, confirmed plan was abandoned. It is still zoned Agricultural.
Usakowski: Ordinance specifically says if submitted, it does fall under the Moratorium.
Usakowski motioned to approve the appeal because the resolution specifically states that if the application had been submitted and it had been at the time of the adoption of the moratorium, supported by Sturdevant.
ROLL CALL VOTE: YES: Usakowski, Sturdevant, Ward, and Wrubel.
NO: Deland and Hoffman. ABSENT: Jackson. (4-2-1) Motion Carried.
- Manhol Bajoka, 7270 Smiths Creek Road
No documentation of appeal provided as required by the Moratorium. No representative of the property present.
Usakowski said there is nothing to act on.
Usakowski motioned to deny 7270 Smiths Creek Road, Manhol Bajoka supported by Wrubel.
ROLL CALL VOTE: YES: Usakowski, Wrubel, Sturdevant, Hoffman, Deland and Ward. NO: None. ABSENT: Jackson. (6-0-1) Motion Carried.
- Anthony Denha, 4992 Griswold Road
Mr. Harrington is here to represent Anthony Denha. Mr. Denha did not submit an application prior to the Moratorium. He wishes to move forward with his plans.
Discussion.
Usakowski: Were there any permits pulled for that property?
Harrington: No.
Usakowski: Is this the only property he has for cultivation?
Harrington: Yes.
Stremers: Different consideration. No reliance by township.
Not a permitted use and no prior existing. Cannot expand without the ZBA approval.
There are other issues that need to be addressed.
Harrington: Intentions to demolish structures which have not been submitted.
Wrubel: Owner occupied; son would be occupying residence. Doesn’t the Certified Caregiver have to live on the premises?
Discussion.
Stremers: Encourage owners to participate with plan and a public hearing.
Usakowski: We don’t have a permit, which would have made it clear. The Intended Use could still be denied by ZBA. My recommendation would be to deny this appeal.
Usakowski motioned to deny the appeal for 4992 Griswold Road supported by Deland.
ROLL CALL VOTE: YES: Usakowski, Deland, Ward, Hoffman, Sturdevant and Wrubel. NO: None. ABSENT: Jackson. (6-0-1) Motion Carried.
- PUBLIC COMMENT (Brief Comments)
Matt Crowe: 7261 Smiths Creek Road: My neighbors and I have been concerned about the project across the road from my house. We have been coming to board meetings since early July. The whole point of a Moratorium is to stop restrictions from going into residential neighborhoods. We were told that we can’t appeal a Moratorium.
Usakowski: We can regulate those other business types that you mentioned. We have the legal ability to do that. The question has always been, how much legal authority do we have to regulate the Medical Marijuana? You have to stay active.
Discussion.
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OLD BUSINESS
- Invoice #21-044, 21-044B, 21-044C: Jacob Collins
- Invoice #21-044, 21-044B, 21-044C: Jacob Collins
Discussion on fire bill for Jacob Collins brought back.
Wrubel: This is the Dove and Sturdevant property. This is the home that burnt that has a fire bill of $5,160.00. I contacted Mr. Stremers.
Usakowski: We can take them to small claims court. A lien would be difficult.
Sturdevant: What is the limit on small claims court?
Stremers: $7,000.00.
Sturdevant: We can talk to Tom Reilly about taking this to small claims on our behalf.
Sturdevant motioned to talk to Tom Reilly about taking this to small claims court on our behalf supported by Deland.
ROLL CALL VOTE: YES: Sturdevant, Deland, Ward, Hoffman, Wrubel and Usakowski. NO: None. ABSENT: Jackson. (6-0-1) Motion Carried.
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NEW BUSINESS
- Bids for Seal Coating Office Parking Lot
Wrubel contacted five companies but only received two bids. C & L Asphalt out of Kimball gave a bid of $9,900.00 and Strand, also from Kimball gave a bid of $6,396.00. The parking lot hasn’t been seal coated since 2015. C & L will do the front of the DPW as well with the price they quoted. I will check with Strand to see what they will charge for doing the DPW front parking lot and the driveway and bring this back.
- BMJ Engineers & Surveyors, INC. Regarding Range Road Ace-Saginaw Water Main Extension BMJ No. 2107.35
Ace Paving wants to tap into our line for a fire hydrant. They are across the road from Ashley Road. There are some concerns for that.
Wrubel: That line is very fragile.
Sturdevant: What is the reason Port Huron Township can’t provide their own hydrant.
Usakowski: I think it was a cost issue.
Wrubel: With the conditions of our line I think that they need to run down Range Road.
- Bids for Seal Coating Office Parking Lot
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AUDIENCE PARTICIPATION
Barbara Sherlock: Questioned about how they wanted to put in a strip mall in the area in question.
Usakowski explained what happened.
Deland: The garage has already been demolished.
Sherry Simpson, 7340 Smiths Creek Road: Can you tell me how many grow houses there are right now in Kimball Township?
Usakowski: We have no idea because we don’t require a license for them.
Simpson: Is the old Angry Bull a grow house?
Usakowski: No.
Simpson: With the Moratorium, with you approving the appeal, is that for his building permit only? When he applies for plumbing and all the other permits, will he be denied for those too?
Usakowski: No. They would not be denied.
XI. OFFICERS REPORT
- Supervisor Usakowski
American Rescue Act: We applied the second day it was available. They told me that the files got corrupted. I sent the files over to the lady again and she said that she received them. This week we got a letter from the State of Michigan that says that we hadn’t submitted anything. I will check with them again to see what is going on.
- Clerk Wrubel
We are going to be moving precincts around and we are going to have four precincts again.
There are fallen trees over at the DPW and it is falling into the neighbor’s garage. I need to give them permission to spend $1,600 to have the two trees removed.
Deland: Who’s going to do that?
Wrubel: Kappen Tree Service.
Foundations are all dug out at the cemetery and they will pouring the foundations tomorrow.
There is too much money in the constable’s account and we need to raise their wages. We currently have 15 locations they go to which we pay $20 per person a location which is $300 a month. If we pay them $30 per inspection it comes out to $5,400.00 which will be $200 more per year but we do have that $12,000 excess.
Usakowski: That seems to be fine. We just need to monitor it.
Sturdevant motioned to approve to pay the constables $30 per inspections supported by Deland.
ROLL CALL VOTE: YES: Sturdevant, Deland, Ward, Hoffman, Wrubel and Usakowski. NO: None. ABSENT: Jackson. (6-0-1) Motion Carried.
- Treasurer Jackson
Absent.
- Trustee Hoffman
No report.
- Trustee Deland
The park will be closing in a couple of weeks?
Usakowski: Yes, we will close it on October 30.
Deland: Are we still paying both park attendants?
Usakowski: We still are. We had rentals until the end of September. I will talk to them tomorrow.
Deland questioned more about the grow houses.
- Trustee Sturdevant
The Fish Fry had over 115 people show up. They will continue because we got more volunteers. Breakfast will be Sunday at the Masonic Lodge.
Trustee Ward
The dugout fences need to be fixed and the outfield fence on Field three. We are hoping to get them done before October 30.
The dugout trash cans need to be addressed.
Resident: Is there a chance that the Smiths Creek sledding hill can be mowed before the snow falls?
Usakowski: Yes, we had one of our park attendants out there working on it.
XII. ADJOURNMENT
Deland motioned to adjourn the meeting at 8:27 p.m. supported by Ward.
Motion Carried.
Meeting adjourned at 8:27 p.m.
Submitted by Becky Wrubel, Clerk
