Banks Township Board Meeting

Monday February 20, 2006

  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: Fire Chief Mark Groenink, John Hastings, Wayne Boss, Jack Costolo, Steve Hicks, Matt Zabik, Dwain Abramowski, Vanessa Rubingh, and Monica Rubingh.
  2. The meeting was opened with the Pledge of Allegiance. Trustee Rubingh offered prayer.
  3. The minutes of the January Regular Board meeting were reviewed. MOTION Rubingh, Postmus, CARRIED to approve the minutes as presented.
  4. The treasurer’s report of incomes and balances was given. General Fund Balance: $208,575.22 with $200,000 due from the Fire Fund; Fire Fund Balance: $152,095.79; Roads Fund Balance: $26,272.71, Liquor Fund Balance: $1,922.66; Grand Total: $388,866.38. Postmus reported on the tax collections so far. Winter tax collections at 90%, summer at 96%.
  5. Board of Review: Supervisor Mann introduced Dwain Abramowski to the Board. Supervisor appoints Dwain Abramowski to the Board of Review to fill a vacancy created when Sandy Alward resigned. The appointment is until January 1, 2007. MOTION Heeres, Postmus, CARRIED to approve the appointment. MOTION Mann, Heeres, CARRIED to set Wednesday March 15 as the starting date for the Banks Township Board of Review.
  6. Public Comment: Jack Costolo addressed the Board asking what support has been shown for relocation of Lakeshore Drive. Also, questioned the survey sent out recently to property owners on Lakeshore Drive in regards to paving the road.
  7. Public Comment: Steve Hicks asked if the survey on paving of roads is standard procedure. He was told that the survey is unique in that it is the first survey of its kind to be sent out. However, there have been occasions when the majority of the property owners on a road are not in favor of paving. The Board wished to assure the opinions of all property owners were heard.
  8. Public Comment: Dwain Abramowski thanked the Board for sending the questionnaire and expressed appreciation for the amount of time that has been devoted to this road. He asked the Board to seriously consider the health, safety, and welfare of those who live on the road.
  9. Public Comment: Wayne Boss apologized to Mr. Zabik as he mistakenly represented the property owned by the Zabiks as vacant on his proposal. Mr. Boss provided a copy of a title search done that shows the roadway was never turned over to the public, i.e. the County Road Commission. A private easement was granted in the 1930’s to the property owners. The language in the easement states that the road may be relocated. The Road Commission certified the road in the 1950’s. There is no definition of the width of the easement. The Charlevoix County Road Commission plows the road. Mr. Boss reports a conversation with Fred Welch, former supervisor with the Road Commission in which Mr. Welch stated the drivers fear plowing at the edge of the bank. He also stated that the bank is eroding away every year. He states that relocating the road, to some degree, is inevitable due to this erosion of the bank. He has done a survey of the existing road determining the radius of each curve. The proposal has curve radius greater than the existing. The Road Commission requires that relocated roads be built to an "in kind" level. His proposal meets the requirements. Rubingh asked if support from property owners for the proposal has been found. Mr. Boss stated that he has received letters of support from 4 property owners. Supervisor Mann states that Burt Thompson, manager of the Antrim County Road Commission, stated the Road Commission has legal claim to the road due to providing maintenance for over 10 years.
  10. Public Comment: Jack Costolo stated that the four existing curves are proposed to be replaced with five curves that are more acute. The road is close to an embankment. However, the proposal shows the area to the south is even closer.
  11. Public Comment: Steve Hicks stated that if safety is such a concern, why a guard rail hasn’t been placed at the S-curve.
  12. Public Comment: Matthew Zabik pointed out that the structures that have been built along the road have setbacks as required by the zoning ordinance as based on the present location of the road.
  13. The public comment portion of the meeting was closed. Mr. Wayne Boss left the meeting.
  14. A MOTION was made by Heeres, supported by Rubingh to support the relocation of Lakeshore Drive. Discussion was held. Roll Call vote: Postmus: Yes; DeKorne: No; Rubingh: No; Heeres: No; Mann: No. Motion was defeated. The Board members gave the following statements to support their position. Rubingh: Private property rights take precedence over public opinion. However, the Road would be less safe if moved to that extent. Mann: The property rights and safety issues are a factor for allowing this change, however, the fact that the property owners’ who are most affected are all opposed weighed heavier. Heeres: The proposed route is definitely out of the way and could create additional issues with the added length. DeKorne: Personal property rights weigh heavily. However, this affects too many people negatively. That is why opposed. Postmus: Feel for the minority, the plow drivers and the mail carrier. Do not feel the change would adversely affect the lives of the residents and property owners.
  15. Public Comment was reopened. Vanessa Rubingh addressed the Board in support of US Senate candidate Jerry Zandstra. He will hold a public meeting at the township hall on Tuesday, February 28 at 9 AM to meet and outline his positions.
  16. Public Comment: John Hastings addressed the Board on behalf of the Roads Committee. If the township/road commission does not own this road, who is responsible for paving?
  17. The meeting was recessed at 8:50 PM.
  18. The Fire District Budget Hearing convened at 8:51 PM. The supervisor presented his proposal for the 2006-07 Fire District budget. Discussion was held regarding possible reduction in millage rate from the current 1.45 mils. Discussion was held on the possibility of the General Fund donating or "forgiving" a portion of the money that was loaned to cover the purchase of the two new pumper trucks.
  19. The Fire District Budget Hearing was adjourned at 9:48 PM and the regular meeting was reconvened.
  20. The Fire Board met this evening. Minutes of the meeting were reviewed. Hastings reported that the two AED’s that were acquired through a grant from Charlevoix Medical Control are not compatible with the units that are used by our department and the local ambulances. He has contacted the company and learned that the dept can trade the units in for a compatible unit in a secured box to be placed at the township hall. The cost to the township would be $600. MOTION Rubingh, Postmus, CARRIED to approve this transaction. The dept needs additional fire fighting foam. Also, the motor on the high pressure air compressor needs to be replaced at a cost of $400 with estimated $500 labor to install. Also, two sets of turn out gear at a cost of $1400 each are needed. MOTION Heeres, Mann, CARRIED to approve the purchase of 2 sets of turnout gear and the motor now with 55 gal of foam to be purchased in next fiscal year and the air compressor tested & put in service in April. South Arm Township bill for services November 1, 2004 through October 31, 2005, will be delivered to South Arm Township by Supervisor and Fire Chief. They will also discuss need to update the contract for services as the current rates do not cover the expenses of the department for the services provided.
  21. Planning Commission: Rubingh reported that the proposal by Landmark Business Group for housing in Antrim Dells has been revised. Membership in the Michigan Association of Planners was discussed. Will await input from the Planning Commission. The Planning Commission has recommended an escrow account be established for large projects such as Landmark Business Group’s project. The recommendation for this application is $1000. MOTION Rubingh, Mann, CARRIED to set $1000 as the amount to be held in escrow to offset the township’s costs of this application and approval process. Master Plan and Zoning Ordinance Book fees have been $10 & $25 respectively. Digital copies have been free. MOTION Heeres, Rubingh, CARRIED to set the price for either book at $25 with digital copies free. Notice was received from Norwood Township of intent to plan. Will request a copy of the proposal.
  22. Memorial for former Supervisor Daniel Wieland was discussed. Clerk will investigate costs and designs for a gazebo to be placed in the Ellsworth Community Park.
  23. Clean Up Day: Supervisor Mann reports that he was contacted by Northern A-1 Sanitation with a change of the date for our Clean Up Day to May 20. He has contacted Warren Solgot and confirmed that his company will pickup the steel and refrigeration units for a cost of $500 plus $15 per unit to cover the cost of purging the units. The Ellsworth Farmers Exchange will again allow us to use part of their site and will accept batteries and tires. They will pay us a nominal fee for each battery and charge us for the removal of the tires, based upon quantity. The Village of Ellsworth has agreed to allow us to use the loader and road blocking cones. Larry Essenberg has agreed to run the loader.
  24. Newsletter: Will plan to mail in early April. Contributors for the newsletter are asked to have the articles to the Clerk by mid-March.
  25. MTA Conference: Supervisor & Clerk reported on the conference.
  26. Social Security Number Privacy Policy was presented. MOTION Heeres, Rubingh, CARRIED to adopt the policy as drafted by the MTA.
  27. Salary Resolutions: MOTION Rubingh, supported by DeKorne, to set the following salaries for the 2006-07 fiscal year. Supervisor: $8,000; Clerk: $14,000; Treasurer: $14,000; Trustees: $2,000. Discussion was held. MOTION Postmus, Heeres, CARRIED to amend the Motion to Supervisor: $10,000; Clerk: $15,000; Treasurer: $14,000; Trustees: $2,000. MOTION to set the salaries as per the amendment: Heeres: Yes, Postmus: Yes, DeKorne: Yes, Rubingh: Yes, Mann: Yes. Resolution declared adopted.
  28. ZBA: Clerk reports a Public Hearing is rescheduled for February 23, due to inclement weather on February 17, on a request from Ric Evans for variance to the height restriction allow a wind turbine generator. The application from Elizabeth Rich for variance to the front yard setback may be withdrawn by the applicant. That hearing is also scheduled for February 23. The By-Laws for the ZBA will be presented for adoption at that meeting also.
  29. Pension Plan: Discussion of possibility of a pension plan being set up for the board members was discussed. Many options are available. Clerk will contact a vendor for more information to present at a future meeting.
  30. Bills represented by the attached list were presented for approval for payment. MOTION Postmus, Heeres, CARRIED to approve the bills as presented.

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

Respectfully submitted,

 

 

Donna L. Heeres

Banks Township Clerk