Banks Township Board Meeting

Monday January 25, 2010

1. The meeting was called to order at 7:30 P.M. by Supervisor Thomas Mann. The meeting was rescheduled from January 18. Present were Supervisor Mann, Clerk Donna Heeres, Trustee Marvin Rubingh, and Trustee Mark DeKorne. Absent: Treasurer Katy Postmus. Also present: Janet Koch of the Antrim Review, Jerroll Drenth, Adam Gandolfi, Jan Kellogg, Andy Hayes, Jeff Kessler, Sheriff Dan Bean, Mark Groenink, Ken Glasser, Tim Underwood, Tristen Cole. John Hastings arrived at 7:50 PM, Ric Evans arrived at 8:08 PM, Jim Postmus arrived at 8:22 PM.

2. Supervisor Mann opened the meeting with the Pledge of Allegiance and prayer.

3. The minutes of the December Regular Board meeting were presented. MOTION Rubingh, DeKorne, CARRIED to approve the minutes as presented.

4. The treasurer’s written report of incomes and balances was given. General Fund Balance: $382,815.75 with $40,000 due from the Fire Fund; Fire Fund Balance: $62,901.10; Roads Fund Balance: $128,181.00; Liquor Fund Balance: $1,793.20; Grand Total: $575,691.05.

5. Adam Gandolfi, agent of Municipal Underwriters of Michigan, the Par Plan, outlined the history of the Par Plan and its relationship with Banks Township. He pointed out that the Par Plan is a Michigan Company vs. the competitors who are based elsewhere.

6. Andy Hayes of the NLEA gave a presentation on the NLEA and asked that Banks Township become a member of the organization. Annual membership fees are based on a formula that includes taxable value. Fee would be $1345 and would include the Village of Ellsworth. The Village has agreed to contribute $300. Tim Underwood, member of the NLEA Board of Directors, spoke in support of the NLEA and its impact on communities. Jeff Kessler stated the NLEA is the rudder for the Breezeway project and was instrumental in obtaining the grant from the state and assuring compliance with the grant regulations.

7. Jan Kellogg of the NLEA gave a presentation on DDA (Downtown Development Authority) including the authority of Township Boards to establish downtown districts. She stated that TIF (tax increment financing) can be established to raise funds to be reinvested in the downtown district. The Village of Ellsworth is considering establishing a DDA.

8. Sheriff Dan Bean presented his report of 911 calls for December 2009 and all of 2009. Calls were down in 2009 to 738 from 781 in 2008. The snowmobile patrol has been slow due to the weather. He hopes the sheriff substations in Milton and Mancelona will be full technology centers in 2010.

9. Ken Glasser, candidate for 105^th district of House of Representatives, addressed the Board. He has served on the Otsego County Board of Commissioners and was its chairman.

10. Tristan Cole, candidate for 105^th district of House of Representatives, addressed the Board. He as served on the State’s Young Farmers Committees and is a sportsman.

11. Ric Evans, of Paradigm Energy Services, reported on the recent energy audit of the Township Hall. The lighting on the lower level of the building would have the biggest impact on the energy costs with approximately $515 annual savings in electrical costs with a 3.4 year payoff on retrofit of the lighting. Insulation in the attic would reduce fire hazard. He stated the importance of sealing leaks in the heating ducts before installing insulation. Also, the ceiling needs to be attached to the rafters to assure it can hold the added weight of insulation. Cellulose insulation would be better than fiberglass. The upstairs lights give off more heat than light. One solution would be to replace the bulbs with CFL in the ceiling lights. He suggested that sidewall lighting or spot lighting would work better than the ceiling lights. He said there is grant money available for these projects. The ductwork to and from the furnaces is oversize and many BTU’s are lost in the ductwork. Mastic to all accessible ducts is extremely important. Reversing the supply and return ducts would possibly improve the air flow as well. Changing the downstairs furnace to a high efficiency furnace would help. He suggested not using the upstairs ceiling fans in the summer until insulation is installed. The windows in the building are good and for the most part are energy efficient. The doors need sweeps and weather stripping. He suggested an alternative heat system of baseboard hot water with a wood burner as an option. The refrigerator should be replaced as it is over 6-7 years old. A newer, more efficient unit could save up to $150 per year in electric costs. “Phantom load” on unused equipment was cited as a cost that could be lowered by installing and using power strips. Jerroll Drenth, county commissioner, stated that Antrim County recently signed an agreement with NMCOG for an energy audit and corrections. A “Green Team” comprised of people from 10 counties has been appointed to oversee the energy utilization and corrections.

12. Fire Department: Mark Groenink reported Marion and Norwood Townships are interested in fire protection provided by Banks Township to the southern portions of their townships. They are still in negotiations with the City of Charlevoix, their current provider. Charlevoix Township Fire Department is also being considered. MOTION Mann, DeKorne, CARRIED to offer fire protection to Norwood Township for $14,000 annually for the southern portion of the township. Chief Groenink reported that radio coverage may be an issue if these townships are added to our service area.

13. Roads: John Hastings reported that the Roads Committee met, reviewed proposals from the Antrim County Road Commission and proposed that paving of Byers Road be the #1 priority for 2010. Repairs to Farrell Road should be #2. The Committee asked that consideration be given to cutting back the height of the hill on Byers Road and additional width/turning lane at the entrance to the Farmers Exchange and the Fire Dept to help maintain the edge of the road. Jerroll Drenth, member of the Roads Committee, suggested that a highly visible project like this be done to promote the renewal of the Road Millage in August. MOTION Mann, DeKorne, CARRIED to approve the paving of Byers Road. Supervisor will discuss the hill height and wider pavement as noted above with Burt Thompson, ACRC manager.

14. Personal Property Tax Refund: Trustee Rubingh reported on his research into this question. MTA consultant stated it is an unlawful expenditure of funds. Representative Kevin Elsenheimer’s office has researched the question and was contacted the State Tax Commission and Michigan Tax Tribunal for advice. Both declined to put an opinion in writing but stated the law “does not directly prohibit you (governing bodies) from dispersing the tax monies that you collected from Personal Property Tax.” The State Tax Commission goes on to state “it would require that it be done in a “uniform” manner.” Lori Luckett, attorney for the law firm Young, Graham, Elsenheimer & Wendling, stated that although she could not find a law to cover this, she does not feel the expenditure is lawful. Rep Elsenheimer is planning to introduce a bill to allow for the refund by units of government. Rubingh shared a letter from the Mackinaw Center for Public Policy in support of this action that stated the policy “will make the Township more attractive to new businesses.” Discussion ensued regarding need more research. MOTION Rubingh, DeKorne, CARRIED to Rebate the Township Portion of the Personal Property Taxes for 2009 (2010 collection) to businesses. YEAS: 4, NAYS: None, Absent: One.

15. School Election scheduled for Tuesday, May 4. Two Board seats up for election, one is a partial term. Nominating petitions must be submitted by 4 PM on Tuesday, February 9.

16. Clerk announced she will be on vacation February 7-14. Deputy Clerk Allen will be available to receive nominating petitions for School Board.

17. Next meeting will be changed to Monday, February 22 @ 7:30 PM. The Fire Budget Hearing and salary resolutions will be parts of this meeting. Planning Together Workshop is scheduled for 6 PM on Monday, February 15. Kevin Elsenheimer will be the speaker. Next year will consider holding in April. March meeting will be rescheduled to March 22. The General Fund, Roads Fund and Liquor Fund Budget Hearing will be held at this meeting. MOTION Heeres, Rubingh, CARRIED to not hold an Annual Meeting this year.

18. Board of Review: Organizational meeting will take place Tuesday, March 2 at 3 PM. Regular sessions will be Monday, March 8 from 9 AM to 3 PM and Thursday, March 11 from 3 PM to 9 PM. MOTION Mann, Heeres, CARRIED to approve these dates and times.

19. Northern Lakes Economic Alliance membership fee of $1345 and Village offer to pay $300 was discussed. MOTION Mann, Rubingh, CARRIED to pay $1045 from the Township General Fund for these services.

20. Energy Audit: The Board will review and table action at this time.

21. Bills represented by the attached list were presented for approval for payment. MOTION Mann, DeKorne, CARRIED to approve the bills as presented

22. The meeting was adjourned at 11:03 P.M.

Respectfully submitted,

Donna L. Heeres

Banks Township Clerk