Peaine Township Regular Meeting December14, 2016 at 7:00PMatthe Peaine Township Hall
Members Present: Bill Kohls,Larry Kubic, Carla Martin, Ernie Martin
Members Absent: Paul Welke
Meeting called to order at 7:02p.m.
MOTION Kohls, second Kubic to approve the minutes of the November 9th, 2016 regular meeting, motion approved.
MOTION Kohls, second Kubic to approve the minutes of the November 25th, 2016 special meeting, motion approved.
Resolution #07-2016
Offered by Kohls, supported by E. Martin
FIRST AMENDMENT TO ARTICLES OF INCORPORATION FOR
THE BEAVER ISLAND EMERGENCY SERVICES AUTHORITY
The Articles of Incorporation for the Beaver Island Emergency Services Authority adopted, signed, and acknowledged by the incorporating units for the purpose of forming an emergency services authority under the provisions of Act No. 57, Public Acts of 1988, as amended (the “Municipal Emergency Services Act”), being MCL 124.601 et seq and effective May 11, 2002, are hereby amended.
ARTICLE VI– BOARD OF DIRECTORS is hereby replaced in its entirety to read as follows:
ARTICLE VI. BOARD OF DIRECTORS
Section 1. The Authority shall be directed and governed by a Board of Directors known as the “Board” (the Authority Board). The Authority Board shall exercise final authority regarding the power of the Authority. The Authority Board shall be comprised of five (5) members with three (3) members appointed by the Peaine Township Board and two (2) members appointed by the St. James Township Board.
Section 2. The terms of the members shall be three years. The initial terms of the directors constituting the Authority Board shall be appointed on or before December, 2016, and shall be staggered as follows:
a. For the three directors appointed by Peaine Township:
The current, appointed director(s) shall serve their remaining term.
One director shall serve a one-year term.
One director shall serve a three-year term.
b. For the two directors appointed by St. James Township
The current, appointed director(s) shall serve their remaining term.
One director shall serve a three-year term.
Section 3. The Authority Board may delegate to its staff, volunteers and committees such power as it deems appropriate, as long as such delegation does not create a conflict of interest or is otherwise lawful.
Section 4. The Authority Board shall designate one of the directors as Chairperson, another of the directors as Secretary, and another as Treasurer. The Authority Board may create such offices and committees as it deems appropriate.
Section 5. The Chairperson shall preside at meetings of the Authority Board and may sign and execute all Authority-authorized bonds, contracts, and other obligations in the name of the Authority. The Chairperson shall do and perform such other duties as may be fixed by the by-laws and from to time to time assigned by the Authority Board.
Section 6. The Secretary shall perform all the duties fixed by the by-laws. The Secretary shall preside at meetings of the Authority Board in the absence of the Chairperson and shall act as recording officer of the Authority Board.
Section 7. The Treasurer shall perform all duties fixed by the by-laws. The Treasurer shall be bonded for the faithful discharge of the duties as Treasurer, the bond to be of such character, form, and in such amount as the Authority Board may require.
Section 8. Each member of the Authority Board serves at the pleasure of the Township Board that made the appointment. As a result, an Authority Board member may be removed by the Township Board that made the appointment following written charges and a public hearing.
Section 9. A quorum of the Authority Board shall be three (3) of the Authority Board members. Except as may be provided in these articles, all decisions of the Authority Board shall be made by a majority vote of the Authority Board members.
Section 10. The Authority Board shall adopt and amend by-laws including rules of procedure consistent with the provisions of the Emergency Services Authority Act. The Authority Board shall set its schedule for meetings, but at a minimum shall meet at least once every six months. The Authority Board shall comply with the Open Meetings Act and the Freedom of Information Act.
Section 11. The Authority Board may pay its members a per diem payment only if the amount of each per diem payment is specified in the adopted budget of the Authority.
Section 12. Vacancies occurring in the office of director shall be filled by the entity having appointed the vacated director position. Vacancies shall be filled within 30 days of the vacancy for the remainder of the unexpired term.
ARTICLE IX– FINANCES is hereby replaced in its entirety to read as follows:
IX. FINANCES
The Authority Board shall have budgetary and financial control over the Authority. However, the Authority Board shall adopt a line item budget. A copy of the Authority budget shall be given to each Township Board at least fourteen (14) days before the budget is adopted by the Authority Board. The Authority shall be financed equally by both Townships through St. James Township’s voted millages for emergency medical service and fire protection and Peaine Township’s fire protection millage and general fund and any district-wide millage adopted as provided in Section 12 of the Act. In the event that a Township’s voted millages are insufficient to finance the operations of the Authority under the approved budget for a fiscal year and funds are unavailable or insufficient from a district-wide millage, the Township shall utilize its general fund to finance its portion of the Authority. The funds obtained by any millage or from the Townships may be supplemented by charges for services or any other method authorized by law, including such supplemental payments by the Townships as the Townships in their sole discretion may elect. At its own expense, the Authority shall have its financial records audited at least every two years by the same auditor who is used by either Township.
ARTICLE IXV– PUBLICATION/FILING OF AMENDMENTS is hereby added to read as follows:
ARTICLE IXV –PUBLICATION/FILING OF AMENDMENTS
The Authority shall be responsible for certifying and publishing Amendments to the Articles of Incorporation for the Beaver Island Emergency Services Authority in the Charlevoix Courier, Northern Islander and Beaver Beacon and for filing a certified copy of Amendments to these Articles with the Secretary of State as required by the Act.
ARTICLE XV – EFFECT DATE OF AMENDMENTS is hereby added as follows:
ARTICLE XV – EFFECTIVE DATE OF AMENDMENTS
The Effective date of the First Amendment to the Articles of Incorporation for the Beaver Island Emergency Services Authority is the date on which the amendments are adopted by the last Township to adopt these amendments.
All other Articles and Sections of the Articles of Incorporation shall remain unchanged.
Ayes: Kubic, Kohls, C. Martin, E. Martin
Nays: None
Absent: Welke
Resolution Passed
MOTION Kohls, second Kubic to rename Burke’s Rd to McCafferty Lane, motion approved.
MOTION Kohls, second Kubic to appoint Carla Martin to the Beaver Island Airport Commission for the remainder of Colleen Martin’s term ending in 2017, motion approved.
MOTION Kohls, second Kubic to make an additional contribution of $10,000 to Beaver Island EMS to provide cash balances to provide adequate funding for payroll, motion approved.
Resolution #08-2016
Offered by C. Martin, supported by Kohls to update all Peaine Township accounts held at Charlevoix State Bank with Larry Kubic as Treasurer, Donna Kubic as Deputy Treasurer, Carla Martin as Clerk, and Colleen Martin as Deputy Clerk
IT IS RESOLVED:
The Authorized Signers shall possess the powers indicated as contained in this Resolution.
DEPOSITORY ACCOUNT. Perform the following activities in regards to the depository account(s) indicated above in the name of
the Corporation, subject to any terms and conditions governing the account(s), including:
- Account Opening and Maintenance. Open and maintain the Corporation account(s).
- Number of signers required: 1
- Make Deposits. Make deposits to the Corporation account(s).
Number of signers required: I
- Endorsements. Endorse for negotiation, negotiate, and receive the proceeds of any negotiable instrument, check, draft, Of
order for the payment of money payable to or belonging to the Corporation. by writing. stamp, or other means permitted by
this Resolution without the designation of the person endorsing.
Number of signers required: I
- Make withdrawals. Make withdrawals from the Corporation account(s) in any manner permitted by the account(s)
regardless whether such action will create or increase an overdraft of the involved account,
Number of signers required: 1
- Transfer Funds. Transfer funds from the Corporation account(s) in Financial Institution to any account whether or not held
at this Financial Institution and whether or not held by this Corporation and execute any agreements related to such transfers.
Number of signers required: I - Approve, Endorse, Guarantee and Identify Payees. Approve. endorse. guarantee, and identify the endorsement of any
payee or any endorser of any negotiable instrument, check, draft or order for the payment of money whether drawn by the
Corporation or anyone else and guarantee the payment of any negotiable instrument, check, draft, or order for the payment of
money.
Number of signers required: 1
- Delegate Authority. Delegate to others the authority to approve. endorse, guarantee. and identify the endorsement of any
payee or endorser on any negotiable instrument, check, draft, or order for the payment of money and to guarantee the
payment of any such negotiable instrument, check, draft, or order for the payment of money.Number of signers required: 1
IT IS FURTHER RESOLVED THAT:
DESIGNATED DEPOSITORY. Financial Institution is designated as a depository for the funds of the Corporation and to provide other
financial accommodations indicated in this Resolution.
AUTHORIZED SIGNER'S POWERS. Authorized Signers are authorized to make any and all other contracts, agreements,
stipulations, and orders which the Authorized Signers may deem advisable for the effective exercise of their powers.
SIGNATURES. The Financial Institution shall be indemnified and held harmless by the Corporation for any claims, expenses, damages,
or attorney fees resulting from the honoring of any signature, authorized by this Resolution, or refusing to honor any signature not so
authorized, regardless of whether or not such signature was genuine, if such signature reasonably resembles the specimen provided to the
Financial Institution. The Financial Institution shall also be permitted to rely upon non-signature security and verification codes which it
provides to or receives from an Authorized Signer and shall be indemnified and held harmless by the Corporation for any claims,
expenses, damages, or attorney fees resulting from their use.
IMPROPER ENDORSEMENT. Any negotiable instrument, check, draft or order for the payment of moneys not clearly endorsed by
an Authorized Signer may be returned to the Corporation by the Financial Institution. The Financial Institution, in its sole discretion,
alternatively may endorse on behalf of the Corporation any negotiable instrument, check, draft, or order for the payment of money not
clearly endorsed in order to facilitate collection. Financial Institution shall have no liability for any delay in the presentment or return of
any negotiable instrument, check, draft, or order for the payment of money which is not properly endorsed.
DISPOSITION OF FUNDS. When withdrawal or transfer powers are granted to an Authorized Signer, the Financial Institution is
directed and authorized to act upon and honor withdrawal or transfer instructions issued and to honor, pay, transfer from, and charge to
any depository account(s) of the Corporation, all negotiable instruments, checks, drafts, or orders for the payment of money so drawn
when signed consistent with the Resolution without inquiring as to the disposition of the proceeds or the circumstances surrounding the
issuance of the negotiable instrument, check, or order for the payment of money involved, whether such negotiable instruments, checks,
drafts, or orders for the payment of money arc payable to the order of, or endorsed or negotiated by any Authorized Signer signing them
or any Authorized Signer in their individual capacities or not, and whether they are deposited to the individual credit of or tendered in
payment of the individual obligation or account of any Authorized Signer signing them or of any other Authorized Signer.
PRIOR ENDORSEMENTS. All negotiable instruments, checks, drafts, or orders for the payment of money deposited with prior
endorsements are guaranteed by the Corporation.
PRE-RESOLUTION TRANSACTIONS. All actions by Authorized Signers in accordance with this Resolution but before the adoption
of this Resolution are approved, ratified, adopted, and confirmed by the Corporation.
WARRANTTY. That the Financial Institution may rely upon the certification as to the Corporation authority to execute this Resolution
and make the representations in this Resolution.
NOTIFICATION OF CHANGES. The Corporation shall notify Financial Institution in writing at its address shown above in advance
of any changes which would affect the validity ofany matter certified in this Resolution.
REVOCATION AND MODIFICATION. An act ("Act") to modify, terminate, amend or replace this Resolution will not immediately
affect the ability of the Financial Institution to rely upon this Resolution. The Act shall not affect any action by the Financial Institution
in reliance on this Resolution before the date the Act becomes effective as set forth in the next sentence. An Act will not become
effective until all of the following occur: (a) Financial Institution receives written notification of the Act in a form and substance
satisfactory to the Financial Institution and (b) the Financial Institution has had a reasonable period of time to act upon such notification.
Until the Act is effective, this Resolution shall remain in full force and bind the Corporation, its legal representatives, heirs, successors
and assigns.
Ayes: Kubic, Kohls, C. Martin, E. Martin
Nays: None
Absent: Welke
Resolution Passed
Resolution #09-2016
Offered by Kohls, supported by C. Martin
Whereas, Colleen Martin served the residents of Peaine Township as Deputy Clerk for many years, and then as Clerk, upon her election in November of 2000 through November of 2016;
Whereas, Colleen Martin made important contributions to the residents of Peaine Township during her sixteen years of service as Clerk, her service as a member of the Beaver Island Airport Commission, as well as other civic endeavors;
Whereas, Colleen Martin continues to make important contributions to the residents of Peaine Township as Deputy Clerk.
Now Therefore Be It Resolved, that this Board extends its sincere thanks and appreciation to Colleen Martin for her years of dedicated service to Peaine Township and Beaver Island.
Ayes: Kubic, Kohls, C. Martin, E. Martin
Nays: None
Absent: Welke
Resolution Passed
MOTIONKohls, second E. Martin to approve payment of current bills, motion approved.
MOTION Kohls, second E. Martin to approve reimbursements of $600 for members of the Human Services Commission to travel to Petoskey to attend a meeting of the Human Services coordinating body, motion approved.
MOTION Kohls, second E. Martin to adjourn (7:24 p.m.) motion approved.