St. Clair Township Board Meeting
June 20, 2011
7:00 PM 

Supervisor Mahaffy called the meeting to order at 7:00 p.m. with the Pledge of Allegiance to the Flag. All Board Members present.

 1. Moved by Trustee Karas. Seconded by Trustee Boulier to approve minutes of the 6/6/2011 Township Board meeting. Motion carried. 

2. Moved by Clerk Skonieczny. Seconded by Treasurer Miskus to amend the agenda and add Proclamation for St Clair High School boys baseball State Champions. Roll call: Yes, Trustees Karas, Boulier, Boeck & Hovis, Clerk Skonieczny, Treasurer Miskus and Supervisor Mahaffy. Motion carried. 

3. Moved by Treasurer Miskus. Seconded by Trustee Boeck to open a public hearing to receive and consider comments relative to the First Amendment to Conditional Land Transfer Agreement between the City of St. Clair and St. Clair Township Pursuant to P.A. 425 of 1984. There were no comments or written objections. Moved by Clerk Skonieczny. Seconded by Trustee Boulier to close the Public Hearing. Motion carried. Meeting closed at 7:04 p.m. 

4. Moved by Treasurer Miskus. Seconded by Clerk Skonieczny to pay all bills. 

 Roll call: Yes, Trustees Karas, Boulier, Boeck & Hovis, Clerk Skonieczny, Treasurer Miskus and Supervisor Mahaffy. Motion carried. 

5. Township Board and Residents discussed Bike Path/Sidewalk on Cox Road.

1. Tim Armstrong of 2616 Cox Road stated he is not in favor of a bike path. Drainage problems and ground settling from sewer project, snow plowing.

2, Sue Armstrong of 2606 Cox Road. Not that many kids walking to school. Put bike bath on City of St. Clair’s side.

3. Supervisor Mahaffy stated City of St. Clair would help engineer the bike path. No grant monies available. City of St. Clair, East China School District and St. Clair Township would share in the project.

4. B. Dziubinski-Cost of a feasibility study. 

No action taken. 

6. Moved by Clerk Skonieczny. Seconded by Trustee Karas to adopt Resolution 11-10.  

            This FIRST AMENDMENT by and between the City of St. Clair, a Michigan municipal corporation located at 547 North Carney Drive, St. Clair, Michigan 48079 (the “City”) and the Township of St. Clair, located at 1539 S. Bartlett Road, St. Clair, Michigan 48079 (the “Township”) hereby amends the agreement for conditional transfer of property from the Township and the City dated August 22, 2000 (the “425 Agreement”).

            WHEREAS, the City and Township entered into the 425 Agreement for the conditional transfer of jurisdiction over 114.09 areas of land (the “Land”) east of Range Road and north of Yankee Road, the legal description of which is attached here as Exhibit A; pursuant to the terms and conditions set forth therein, and

            WHEREAS, recent interest in the potential development of the Land has triggered communications between the City and the Township regarding changes in the revenue sharing language in Article 5 of the 425 Agreement; and

            WHEREAS, Section 12.4 of the 425 Agreement allows amendments to be made by mutual agreement of the parties so long as said amendments are in writing and are approved in the fashion as the original 425 Agreement.

            NOW THEREFORE, in consideration of the mutual benefit provided herein, the parties agree to amend the original 425 Agreement by adding a new subsection 5.2.5 regarding the revenue sharing from tax abated and/or exempted property. 

            5.2.5   Tax Abated or Exempted Property:  In the event a tax abatement is granted in whole or in part to any real or personal property located within the area described in Article I above, the abatement shall be applied simultaneously to the 2-mill annual payment intended to compensate the township for the term of the granted abatement. In the event any property in said area is provided tax exemption by code or statute, such as and by any way of example and not by limitation, religious, chartable or educational institutions or hospitals, the parties shall share proportionately in the loss of tax revenues resulting from the exemption without payment of the 2-mill or additional 1-mill payment as set forth below.

Upon termination of any tax abatement, the township shall receive, beginning in the year following the termination of the abatement, an additional 1-mill payment, for a total of 3-mills, based upon the then current annual taxable value for the abated property. 

The additional 1-mill payment shall continue annually for a length of time equal to the term of the original abatement.

After August 22, 2038, no abatement shall be granted for a period of time which may exceed the termination date of this 425 Agreement (August 22, 2050) unless this 425 Agreement is otherwise extended under Section 2.2 herein. The additional 1-Mill shall continue past the term of the 425 Agreement until the number of years of payment equal the length of the term of the abatement.

            IT IS FURTHER AGREED that all other provision of this 425 Agreement shall remain in full force and effect.

            This amendment to the original 425 Agreement shall become effective only (1) after a minimum of one public hearing has been held on the amendment in both jurisdictions; (2) upon being duly approved by the legislative bodies of the City and Township; (3) either no referendum has been petitioned for within (30) days of the date of the public hearing or, upon the filing of said petition, a referendum was held and the amendment hereto was approved by a majority of the electors; and (4) this amendment has been filed with the County Clerk and the Office of the Great Seal of the Michigan Secretary of State.

            IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth below by the authority given by the respective City Council and Township Board. 

Roll call: Yes, Trustees Karas, Boulier, Boeck & Hovis, Clerk Skonieczny, Treasurer Miskus and Supervisor Mahaffy. Motion carried. 

7. Moved by Treasurer Miskus. Seconded by Clerk Skonieczny to appoint Supervisor Mahaffy, Trustee Hovis and Trustee Boulier to the Industrial Parks Committee. Motion carried.

8. Moved by Treasurer Miskus. Seconded by Trustee Karas to amend the 2011-2011 General Fund Budgets as follows:

Roll call: Yes, Trustees Karas, Boulier, Boeck & Hovis, Clerk Skonieczny, Treasurer Miskus and Supervisor Mahaffy. Motion carried. 

9. Moved by Treasurer Miskus. Seconded by Clerk Skonieczny to amend the 2010-2011 Inspection Fund Budget as follows: 

 Roll call: Yes, Trustees Karas, Boulier, Boeck & Hovis, Clerk Skonieczny, Treasurer Miskus and Supervisor Mahaffy. Motion carried. 

10. Moved by Trustee Karas. Seconded by Treasurer Miskus to honor the St. Clair High School Baseball team on their State Championship with a proclamation. Motion carried. 

11. Meeting dates for the 2011-2012 fiscal year are: 

 12. Moved by Trustee Boeck. Seconded by Treasurer Miskus to adjourn. Meeting adjourned at 8:50 p.m.

                                                                                    Joyce A. Skonieczny
                                                                                    Clerk