Banks Township Board Meeting

Special Meeting

Thursday, February 4, 2010

1. The meeting was called to order at 6 P.M. by Supervisor Thomas Mann. Present were Supervisor Mann, Clerk Donna Heeres, Treasurer Katy Postmus, Trustee Marvin Rubingh, Trustee Mark DeKorne. Also present: Legal Counsel Bryan Graham, Teresa Cole, Stacey Cole, Steve Drenth, and Mike McCreary.

2. Supervisor Mann lead the Pledge of Allegiance. Trustee Rubingh opened the meeting with prayer.

3. The advertised purpose of the meeting was to reconsider action taken at the January 25 regular meeting on the advice of legal counsel.

4. Supervisor Mann introduced Bryan Graham, legal counsel to the public.

5. Public Comment: Mike McCreary stated that he thinks the refund to all taxpayers is a fine idea. Steve Drenth likes the idea and questioned what percentage of the personal property tax goes to Banks Township. A letter from Tim Underwood, manager of the Ellsworth Farmers Exchange, in support of the concept of refunding personal property tax, was read.

6. Treasurer Postmus stated that the personal property tax levied is one mill for general operations and one mill for roads. Personal property is exempt from fire millage. Forty five businesses are affected.

7. Legal Counsel Bryan Graham explained that all businesses pay personal property taxes. While he commended the Board on its desire to alleviate the tax burden on businesses in Banks Township, he advised that there is not legal basis for the action. He advised that a general law township can act only if the law allows it, i.e. if the law does not give the authority, the township does not have it. He suggested that the township could calculate its share of the personal property tax and hold the funds in escrow and take steps to clarify the law with a request for an attorney general’s opinion or wait for allowing legislation to be adopted by the State legislature. Discussion was held.

8. MOTION Mann, Postmus, to reconsider the motion to rebate the township’s portion of the personal property taxes and rescind the Board’s action. Rubingh: Yes, DeKorne: Yes, Mann: Yes, Postmus: Yes, Heeres: Yes. MOTION CARRIED.

9. MOTION Rubingh, DeKorne, to have legal counsel Bryan Graham contact Representative Kevin Elsenheimer’s office with a request to seek clarification of the law from the Attorney General’s office. MOTION CARRIED unanimously.

10. Treasurer Postmus will contact the Township’s auditor to determine proper procedure for escrow of funds, should the Board decide to do that.

11. MOTION Postmus, Mann, CARRIED to approve payment of $863.28 for postage for assessment change notices.

12. The meeting was adjourned at 6:50 P.M.

Respectfully submitted,

Donna L. Heeres

Banks Township Clerk