Banks Township Board Meeting

Monday August 18, 2008

1. The meeting was called to order at 7:30 P.M. by Supervisor Thomas Mann. Present were Supervisor Mann, Clerk Donna Heeres, Treasurer Katy Postmus, Trustee Marvin Rubingh and Trustee Mark DeKorne. Also present: Mike Rottman of Grand Traverse Pallet Company; Sheri Rhoads of NLEA; Susan Kessler, PC Chair; Jeff Kessler of Antrim County News; Frank Hamilton Norwood Township Supervisor Candidate; Carol Apol resident of Norwood Township; John Hastings.

2. The meeting was opened with the Pledge of Allegiance. Trustee Rubingh offered prayer.

3. The minutes of the July Regular Board meeting were reviewed. MOTION Rubingh, DeKorne CARRIED to approve the minutes with corrections in item #10 (MTA not Jerroll Drenth was contacted) and #17 date error (should be 2008 not 2009 for the submission of the grant application).

4. The treasurer’s report of incomes and balances was given. Fund Balances: General Fund: $318,929.80 with $80,000 due from the Fire Fund; Fire Fund: $124,622.91; Liquor Fund: $988.05; Roads Fund: $33,825.43; Grand Total: $478,366.19. Summer tax collection has begun and is 23% collected. ($224,928.77)

5. The meeting was recessed @ 7:50 PM.

6. The Public Hearing on the application for Industrial Facilities Exemption Certificate for Grand Traverse Pallet Company was convened at 7:51 PM. Sheri Rhoads of the Northern Lakes Economic Alliance presented the application on behalf of Grand Traverse Pallet Company. She and Mike Rottman, owner, answered questions from the Board. The Public Hearing adjourned at 7:57 PM.

7. The regular meeting reconvened at 7:58 PM.

8. A resolution to approve the application of Grand Traverse Pallet for Industrial Facilities Exemption Certificate with respect to new equipment to be acquired and installed was offered by Mann, supported by Heeres. The certificate shall remain in force for 12 years after completion. Roll Call Vote: DeKorne: Yes; Rubingh: Yes; Postmus: Yes; Heeres: Yes; Mann: Yes. The resolution was declared unanimously adopted. A Motion to approve the agreement between Banks Township and Grand Traverse Pallet Company was offered by Mann, supported by Postmus. Roll Call Vote: DeKorne: Yes; Rubingh: Yes; Postmus: Yes; Heeres: Yes; Mann: Yes. The motion was declared unanimously adopted. The resolution is a permanent attachment to these minutes. The agreement shall be filed with the application.

9. Breezeway meeting update: Supervisor Mann updated the Board on the progress with the grant application for signage & marketing of the Breezeway. He reported Charlevoix County Commissioners have voted to place a proposal on the November ballot for a road millage that will include funding for the portion of the Breezeway in Charlevoix County. A resolution to support the Breezeway initiative and the grant application for funds for signage and advertising was introduced by Mann, supported by Heeres. Roll Call Vote: DeKorne: Yes; Rubingh: Yes; Postmus: Yes; Heeres: Yes; Mann: Yes. The resolution was declared unanimously adopted.

10. Public Comment: Frank Hamilton & Carol Apol presented information on the invasion of phragmites, an invasive plant species, to our Lake Michigan waterfront. This plant grows & multiplies rapidly and quickly chokes out other vegetation. Additionally, it does not allow humans or animals to go through it due to its density. Property values are severely affected when the plants overtake the ground. Inland waters are not immune to it either. However, the Great Lakes have been invaded currently and steps must be taken to eradicate the spread to avoid the plants moving inland. A permit is required to spray the herbicide that will kill the plants. Permits must be issued by August 15 of each year and spraying is done between August 30 and September 15 for best results. The Board was asked to consider developing a plan to protect our shoreline from this invasion. The Board agreed to seek legal counsel on this issue and also notify Lake Michigan property owners of the threat.

11. Village Park: Hugh Campbell addressed the Board on the progress at the Community Park. They are awaiting approval of the building permits. The buildings are set to arrive mid-September.

12. Township Hall Restoration Project: Bids were opened and reviewed. Project 1: Wood Restoration & Painting: Fairway Painting & CDS submitted proposals together with total cost of $4250; J&J Painting submitted proposal with total cost of $6710; John Kenney submitted proposal for $4200. MOTION Mann, Rubingh, CARRIED to award the wood restoration & painting work to Fairway Painting & CDS. Project 2: Mortar Restoration: Carl Whitley submitted proposal for $10,200; DC Byers submitted proposal for $19,800; Jordan Construction submitted proposal for $40 per hour plus materials at 20% markup; John Kenney submitted proposal for $1,900; Person Construction submitted proposal for $9,800. MOTION DeKorne, Rubingh, CARRIED to award the mortar restoration work to Carl Whitley. Project 3: Stone washing & Sealing: DC Byers proposal for $2,790; J&J Painting for $2,655; John Kenney for $1,700; Person Construction for $2,650. Discussion was held on types of sealants proposed. Clerk was directed to obtain more information from Fairway, J&J, Person and Kenney about the type of sealant to be used and warranties on the sealant for the next meeting.

13. Tax Complaints: Postmus reported that she had received one letter and two phone calls with complaints about the amount of taxes levied.

14. Township Hall Advertising: Discussed advertising in the Phone Guide & Wedding Guide again. Cost for the Phone Guide is $161.28 per year. MOTION Mann, Heeres, CARRIED to renew the ad in the Phone Guide. MOTION Heeres, Mann, CARRIED to place an ad in the Wedding Guide again this year. Postmus agreed to make these arrangements.

15. PTAF: MOTION Rubingh, DeKorne to not charge PTAF on taxes this year. MOTION was tabled pending investigation of the township’s ability to do this and also procedural information.

16. Planning Commission: Rubingh reported that the PC met last week. Their regular meetings have been changed to the second Monday of each month due to scheduling conflicts of members. The response from the Antrim County Planning Commission was reviewed. Sue Kessler, PC Chair, had reported that the Planning Consultant, Mary Campbell, had suggested the PC review the county’s recommendations as a group in September. MOTION Rubingh, DeKorne, to approve amendment C, article VIII, section 8.03, subsection 14 without further review of the Planning Commission. DeKorne: Yes, Rubingh, Yes, Heeres, No, Postmus Yes, Mann Yes. MOTION CARRIED. Action on Proposals A & B will be tabled until September 15 regular meeting. Rubingh reported that the PC is investigating language to allow accessory structures to be constructed on a property without a dwelling unit.

17. Board of Review: Appointments will need to be made prior to January 1, 2009 for three, two year positions on the Board of Review. Discussion was held on the legal requirements for meetings. Members signed the documents but did not meet together. Clerk will contact Assessor for clarification on this issue.

18. Farmers Market: DeKorne reported the Farmers Market has been successful for his stand. There have been 4 to 6 stands each week and steady sales.

19. Cemeteries: The water tote has been placed at the Ellsworth Cemetery and is ready to be filled. DeKorne will contact the Fire Dept to ask them to fill it. The old fence at the Atwood Cemetery has been removed.

20. Park: The dead trees have been removed and areas cleaned up. The driveway will need leveling and graveling. Clerk was instructed to send a thank you note to the Conservation District staff (Mike & Ron) for their efforts on our behalf.

21. Election Report: Clerk reported 321 people voted on August 5. The Road Millage proposal passed 199-89.

22. Ambulance: Clerk reported letters describing the Township’s decision for modifying service coverage were sent within 5 days of the last meeting to the 911 Dispatcher, TL Ambulance, EJ Ambulance, and Medical Control Board. Letters to property owners have not yet been sent. Clerk will consolidate ambulance letter and information about phragmites in one mailing to all property owners west of US 31. Supervisor Mann plans to attend the Torch Lake Township Board meeting tomorrow evening to personally extend thanks for the services their ambulance has provided over the years.

23. Information Items: Sheriff Report of calls for July was shared. DEQ permit application revision for Dickerson was shared. MTA County Chapter meeting is scheduled for Tuesday, August 26 @ 7:30 PM @ the Torch Lake Township Hall. Issue of access to Lake Michigan via road ends was discussed. Clerk will make contacts to investigate this further. State Representative Kevin Elsenheimer will hold office hours at our Township Hall on Tuesday, August 26 from 10 AM to 11 AM.

24. Libraries Reports: Central Lake District Library reported 52 Banks Township residents used their library. Eleven were first time users. Charlevoix Public Library reported 94 Banks Township, non-Charlevoix School District, residents used their library. There were 49 Banks Township/Charlevoix School District users. Jordan Valley District Library has 99 current, active users from Banks Township.

25. Roads: Bennett Road, North Doctor Road and North Church Road have had gravel placed.

26. Appointments: Planning Commission: Supervisor Mann appoints Sarah Essenberg & Bill Austin to three year terms expiring July 1, 2011. Zoning Board of Appeals: Supervisor Mann appoints Dennis Penfold, Mike McDuffie, Jack Danbert, Sarah Essenberg and Jack Costolo to one year terms expiring July 1, 2009. MOTION Heeres, Rubingh, CARRIED to approve the appointments.

27. Tower Lease: Supervisor reports he has reviewed the paperwork received from American Tower Company and it matches the lease agreement signed in December 2007. The new paperwork is needed as it is in recordable format and was authorized by the previously signed agreement.

28. Bills represented by the attached list were presented for approval for payment. MOTION Postmus, Mann, CARRIED to pay the bills as presented.

29. Next meeting Monday September 15 @ 7:30 PM.

30. The meeting was adjourned at 11:40 PM.

Respectfully submitted,

Donna L. Heeres

Banks Township Clerk