PENTLAND TOWNSHIP REGULAR MEETING

February 10, 2015

Tonight's meeting was held at the Pentland Township Hall: 15474 M-28, Newberry, MI 49868.

The meeting was called to order at 7:00 pm by Supervisor Janet Maki.

Board members present: Jean Foley, Martin Lehto, Janet Maki, Gregory Rathje, and August Walker. Absent: None.

Also present: Mike Richards, Utilities Superintendent.

The Board amended the agenda to include a discussion about large purchases the Board may consider in the future under New Business.

There was no brief public comment.

The minutes ofthe January 12,2015, special meeting was presented by the Clerk. Motion by Walker, seconded by Lehto, to approve the minutes as presented. Ayes: All. Motion carried.

The bills were presented by the Treasurer and the Clerk.

The Board had a discussion about the printing costs for the Assessor and what could be done to decrease printing costs in the future. There was no action taken.

Motion by Walker, seconded by Lehto, to approve the following five items in one motion:

1. General Fund check numbers 1595 through 1602; Sewer Fund check numbers 5007 and 5008, Water Fund check numbers 6007 through 6009, as per Pentland Township's "Post

Audit" policy. 2. General Fund check numbers 1603 through 1627 for payment today. 3. Sewer Fund check numbers 5009 through 5010 for payments approved today. 4. Water Fund check number 6010 for payments approved today. 5. Transfer $19,682.94 from First National Bank of St. Ignace's Municipal Account to the

Checking Account.

The vote on the above five items - Ayes: All. Motion carried.

The Treasurer's Report was read by Treasurer Foley. Motion by Lehto, seconded by Walker, to receive the Treasurer's Report. Ayes: all. Motion carried.

The Board then moved onto new business.

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Motion by Lehto, seconded by Walker, to appoint Louise Eddy, Robert Eddy, and Russell Garrod to the Pentland Township Board of Review until December 31,2016. Ayes: all. Motion carried.

Clerk Rathje moved, and Trustee Lehto seconded, to support amending the Newberry Fire Department's budget. This amendment is to approve a $900 raise in the base rate to be split among the six officers, which will cost $300 per year per entity (Village, McMillan Township, and Pentland Township), effective January 1,2014. Ayes: all. Motion carried.

The Board then turned to refurbishing the large wood floor in the township hall.

Motion by Lehto, seconded by Rathje, to hire Tom Sanders Painting to do the proposed sanding and finishing on the wood floor of the township hall for a total amount of$7,600.00. This motion also authorizes an upfront payment of $3,000.00 to Tom Sanders Painting so Mr. Sanders can procure materials and other items. Ayes: all. Motion carried.

The Board then briefly discussed a memo from Clerk Rathje about the township's legal bills. Clerk Rathje will propose at the March meeting having the Sewer and Water funds reimburse the General Fund for legal bills incurred since April I, 2014. Clerk Rathje will also propose adding a line item form legal costs in the 2015-2016 budgets for the Sewer and Water funds. No action was taken tonight on this item.

Trustee Lehto moved, and Trustee Walker seconded, to amend the Sewer and Water ordinances [note: the ordinances are attached to these minutes]. After discussion, the vote was called.

Roll Call: Yes: Foley, Lehto, Maki, Rathje, and Walker; No: None;

Absent: None.

Supervisor Maki declared the resolution adopted.

There was unanimous consent to set Tuesday, March 31, 2015, at 7:00 pm as the time and date for Pentland Township's Annual Meeting. There was also unanimous consent to also have that same evening the required budget hearing, and also have a special meeting of the township board. The Special Meeting that night is being called to adopt the 2015-2016 budgets for the Township's various funds, as well as any other item the Board wishes to consider and act upon.

The Board then briefly discussed upcoming major purchases and repairs that may need to be done in fiscal year 2015-2016. These items will be considered as the budgets for the various funds are crafted during the next month. No action was taken tonight on this item.

The Board then moved onto old business.

Clerk Rathje reported that he met with Charles Cleaver, the Newberry Village Manager, on Thursday, January 15, to share our proposed changes to the draft Wastewater agreement. The

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proposed changes were shared both in hardcopy and electronically for their convenience. Clerk Rathje also reported that he has not heard back yet from the Village on this matter since then.

Treasurer Foley led a discussion with the Board about Fritz Forest Products and several related issues, including the letter the Board received from Eric Buckler earlier that evening. There was unanimous consent to have Mr. Buckler's letter send to our attorney who is working on the matter. There was also unanimous consent to have Treasurer Foley work with our attorne'y to resolve these issues in as appropriate and prudent manner as possible.

Treasurer Foley reported several upcoming bookings at the township hall in the early Spring.

The Clerk reported that we have received liquor inspection reports from the Sheriffs department. All of the establishments were inspected and received a "good" score.

Mike Richards gave his monthly utility report. The township's water and sewer systems continue to be in good shape.

Clerk Rathje shared several items of correspondence with the Board.

There was no extended public comment.

The next regular meeting of the township board is scheduled for Tuesday, March 10,2015, at 7:00 pm at the Pentland Township Hall.

Motion by Foley, seconded by Lehto, to adjourn the meeting. Ayes: All. Motion carried.

The meeting adjourned at 7:43 pm.

Gregof:~anetMg~ t\flecL' Pentland Township Clerk Pentland Township Supervisor

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CERTIFICATE

I, Greg Rathje, the Clerk of the Township of Pentland, Luce County, Michigan, do

hereby certify that at a regular meeting of the Pentland Township Board held on

February 10, 2015 at the Pentland Township Hall, the Board adopted Ordinance No.

2015-01 (Amendment of Pentland Township Water Ordinance and Sanitary Sewer

System Disposal Ordinance), to become effective 30 days after publication, and that the

members of the Board present at the meeting voted on the adoption of the Ordinance

as follows:

Janet Maki---Yes

Jean Foley---Yes

Greg Rathje---Yes

August Walker---Yes

Marti n Lehto---Yes

I further certify that Ordinance No. 2015-01 was duly published in the Newberry

News, a newspaper printed in Luce County, Michigan and circulated in the Township of

Pentland on February 18, 2015, and that Ordinance No. 2015-01 was recorded in the

It/?Ordinance book on February I d 2015.

Date:

·.~----~­

TOWNSHIP OF PENTLAND

COUNTY OF LUCE, STATE OF MICHIGAN

PENTLAND TOWNSHIP ORDINANCE NO. 2015-01

ADOPTED: FEBRUARY 10, 2015

EFFECTIVE: MARCH 20, 2015

AMENDMENT OF PENTLAND TOWNSHIP WATER ORDINANCE AND SANITARY SEWAGE DISPOSAL SYSTEM ORDINANCE

An Ordinance to amend Section 9 of the Pentland Township Water Ordinance (Ordinance No. 0001, adopted March 14, 2000) pertaining to collection of charges for water service; and to amend Section 4 of the Pentland Township Sanitary Sewage Disposal System Ordinance (Ordinance No. 76-S, adopted June 29, 1976) pertaining to enforcement of sewer service charges.

THE TOWNSHIP OF PENTLAND

LUCE COUNTY, MICHIGAN

ORDAINS:

SECTION 1

AMENDMENT OF SECTION 9 OF THE PENTLAND TOWNSHIP WATER ORDINANCE PERTAINING TO COLLECTION OF CHARGES FOR WATER SERVICE

Section 9 of the Pentland Township Water Ordinance (Ordinance No. 0001, adopted March 14,2000), is hereby amended to read as follows:

"9. COLLECTION OF CHARGES.

Charges for water service and any related fees and charges shall constitute a lien on the property or premises served, effective immediately upon the distribution of the water to the property or premises served, and the official records of the Water Division of the Township shall constitute notice of the pendency of this lien. If payment is not made within six months of the beginning of the delinquency, the facts of the delinquency shall be certified to the assessing officer of the Township and the amounts so certified shall be spread upon the property tax roll for collection in the same manner as the general laws of the state provide for the enforcement of property tax liens, and as otherwise authorized by law. Notwithstanding the foregoing, this lien enforcement

.procedure shall not apply if a lease has been legally executed, containing a provision that the lessor shall not be liable for payment of water bills accruing subsequent to the filing of the affidavit and a copy of the signed lease provided

by this section. An affidavit with respect to the execution of a lease containing this provision shall be filed with the official in charge of the waterworks system, and twenty days notice shall be given by the lessor of any cancellation, change in, or termination of the lease. The affidavit shall contain a notation of the expiration date of the lease. The provisions of Section 8 of this ordinance pertaining to water service turn-offs and reconnection fees shall apply regardless of whether or not the lien enforcement procedure is applicable."

SECTION 2

AMENDMENT OF SECTION 4 OF THE PENTLAND TOWNSHIP SANITARY SEWAGE DISPOSAL SYSTEM ORDINANCE PERTAINING TO ENFORCEMENT OF

CHARGES FOR SEWER SERVICE

Section 4 of the Pentland Township Sanitary Sewage Disposal System Ordinance (Ordinance No. 76-S, adopted June 29, 1976), is hereby amended to revise the fourth part of same captioned "Enforcement" to read as follows:

"Charges for sewer service and any related fees and charges shall constitute a lien on the property or premises served, effective immediately upon the provision of the sewage system service to the property or premises served, and the official records of the Township pertaining to the System shall constitute notice of the pendency of this lien. If payment is not made within six months of the beginning of the delinquency, the facts of the delinquency shall be certified to the tax assessing officer of the Township and the amounts so certified shall be spread upon the property tax roll for collection in the same manner as the general laws of the state provide for the enforcement of property tax liens, and as otherwise authorized by law. Notwithstanding the foregoing, this procedure shall not apply where a tenant is responsible for the payment of the charges and the Township is so notified in writing, the notice to include a copy of the lease of the affected premises, if there is one, and in such circumstances the charges shall not become a lien against the premises after the date of the notice. Where notice is given that a tenant is responsible for such charges and service as provided by MGL 123.165, no further service shall be rendered to such premises until a cash deposit in the amount of $100.00 has been made as security for payment of such charges and service.

In addition to the foregoing, the Township shall have the right to shut off sewer service to any premises for which charges for sewer service are more than three (3) months delinquent, and such service shall not be reestablished until all delinquent charges and penalties and a turn-on charge, to be specified by the Township Board, have been paid. Further, such charges and penalties may be recovered by the Township by court action."

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SECTION 3

EFFECTIVE DATE AND REPEAL

This Ordinance shall become effective 30 days after publication as required by law. This Ordinance is intended to revise the specific provisions of the underlying ordinances as provided herein, and any other conflicting ordinance provisions, but is not intended to repeal any other ordinance provisions providing for the assessment or collection of water system rates, assessments, charges, or rentals by the Township, and shall be construed as an additional grant of power to any power now prescribed by such other ordinance provisions or applicable statutes.

Greg Rathje, Clerk Pentland Township

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