Banks Township Board Meeting

Monday June 20, 2011

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, Trustee Mark DeKorne. Also present: Mark Groenink, Sheri Rhoads, Tim Underwood, Jack Costolo, Tina Sundelious and Andy Veenstra.

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

3. The minutes of the May Regular Meeting were presented. MOTION Mann, Rubingh, CARRIED to approve the minutes as presented, correcting item 14 to IDD/IFEC.

4. The treasurer’s report of incomes and balances was given. General Fund Balance: $191,633.39; Fire Fund Balance: $48,082.80; Roads Fund Balance: $101,462.78; Liquor Fund Balance: $867.02; Grand Total: $342,045.99. Treasurer Postmus noted that the Summer Tax Bills will be mailed soon. Taxpayers should be aware the Ellsworth School District has levied 100% of their tax for the summer tax collection. This is not an increase as the winter tax bill will not collect anything for the Ellsworth schools.

5. Public Comment on Agenda Items: None. Public Comment on non-agenda items: None.

6. The regular meeting was recessed & the Public Hearing on the IDD & IFEC Applications of Ellsworth Farmers Exchange was convened @ 7:42 PM.

7. Sheri Rhoads of the NLEA presented the applications. Tim Underwood of the Ellsworth Farmers Exchange explained the project. It is a grain drying facility to be built on EFE property on the north end of Atwood. The goal is to be operational by September 15. Construction is estimated to take about one month. He expects to have one seasonal full time employee, potentially a full time summer employee and part time the rest of the year. There were no public comments. The public hearing was adjourned @ 7:52 PM and the regular meeting was reconvened.

8. Resolution to establish the 11900 Byers Road Industrial Development District was offered by Heeres, supported by Mann. Roll Call Vote: Postmus: Yes; Rubingh: Yes; Mann: Yes; DeKorne: Yes; Heeres: Yes. The resolution (Number 1 of June 2011) was declared adopted. A copy of the complete resolution is attached to these minutes.

9. Resolution to approve the Application of the Ellsworth Farmers Exchange for an Industrial Facilities Exemption Certificate for Real and Personal Property Improvements was offered by Heeres, supported by Rubingh. Roll Call Vote: Postmus: Yes; Rubingh: Yes; Mann: Yes; DeKorne: Yes; Heeres: Yes. The resolution (Number 2 of June 2011) was declared adopted. A copy of the complete resolution is attached to these minutes.

10. PA 198 Agreement between Banks Township and the Ellsworth Farmers Exchange: MOTION was made by Mann, supported by DeKorne to approve the agreement as drafted by the EFE and Thomas Mann with assistance from Sheri Rhoads of the NLEA. Also, included in the motion is authorization for the supervisor to sign the agreement on behalf of Banks Township. Roll Call Vote: Postmus: Yes; Rubingh: Yes; Mann: Yes; DeKorne: Yes; Heeres: Yes. The motion was declared adopted. A copy of the complete agreement is attached to these minutes.

11. Public Comment on Agenda Items: Jack Costolo commented that the he has concerns about not allowing medical marihuana use/sales within the township as this is allowed by State Law. Supervisor Mann introduced Jack as new chairman of the Planning Commission.

12. Medical Marihuana: A resolution to impose a moratorium on Medical Marihuana Land Uses was offered by DeKorne, supported by Rubingh. Roll Call Vote: Postmus: Yes; Rubingh: Yes; Mann: Yes; DeKorne: Yes; Heeres: Yes. The resolution (Number 3 of June 2011) was declared adopted. A copy of the complete resolution is attached to these minutes. This resolution is effective immediately. This resolution is in effect for 6 months and requires the Planning Commission to make amendments to the Township Zoning Ordinance to address facilities and activities allowed by the Medical Marihuana Act. Proposed Ordinance #2 to impose a moratorium on Medical Marihuana Land Uses was offered by Rubingh, supported by DeKorne. Roll Call Vote: Heeres: Yes; DeKorne: Yes; Mann: Yes; Rubingh: Yes; Postmus: Yes. The Ordinance was declared adopted. This Ordinance will take effect the day following its publication in a newspaper of general circulation within the Township. This Ordinance shall continue in effect for a period of six months, unless extended. This Ordinance directs the Planning Commission to make amendments to the Zoning Ordinance to address facilities and activities allowed by the Medical Marihuana Act. A complete copy of this resolution and ordinance is attached to the original of the minutes and may be viewed by contacting the Township Clerk.

13. Planning Enabling Act: Proposed Ordinance #3 to create a township planning commission pursuant to Act 33 of the Public Acts of 2008, as amended, to provide for its organization, and to define its powers and duties was offered by Mann, supported by Heeres. Roll Call Vote: Heeres: Yes; DeKorne: Yes; Mann: Yes; Rubingh: Yes; Postmus: Yes. The Ordinance was declared adopted. This Ordinance will take effect 63 days following its publication in a newspaper of general circulation within the Township. A resolution (Number 4 of June 2011) to dissolve the old planning commission effective the day the new planning commission ordinance becomes effective was offered by Mann, supported by DeKorne. Roll Call Vote: Postmus: Yes; Rubingh: Yes; Mann: Yes; DeKorne: Yes; Heeres: Yes. The resolution was declared adopted.

14. Planning Commission: Supervisor Mann appointed the following members to the new Planning Commission with the length of terms as indicated: Sarah Essenberg (term expires 7/1/2014); Jack Costolo (term expires 7/1/2014; Marvin Rubingh (Twp Bd Rep: term expires 11/20/2012); David Muladore (term expires 7/1/2013); Bill Austin (term expires 7/1/2012). MOTION Heeres, DeKorne, CARRIED to approve the appointments of the new planning commission.

15. Planning Commission Secretary: Irene Shooks has served as secretary to the Planning Commission for the past 10 years. She recently was selected as Banks Township Citizen of the Year. The Township Board expressed appreciation for her work and dedication to the Planning Commission.

16. Zoning Board of Appeals: Supervisor Mann appointed the following members to the new ZBA for one year terms to expire July 1, 2012: Mike McDuffie, Dennis Penfold, Jack Danbert, Jack Costolo, and Jeff Cook. MOTION Heeres, DeKorne, CARRIED to approve the appointments of the new ZBA.

17. Planning Commission Report: Rubingh reported the updates to the Master Plan based on census data and SEV have been made. Clerk reported a complaint was filed on a neglected house off Lore Road. Complainant states the house looks abandoned and wondered if the Township could contact the owners to encourage repairs and maintenance be done. Concern is for vandalism potential, loss of value of neighborhood, etc. This dwelling is on Lake Michigan near the township line.

18. Zoning Administrator Report: Andy Veenstra reported one permit has been issued for a new house in the past month. He plans to be on vacation from June 21 for approximately one month. Clerk Heeres will assume the duties while he is gone.

19. Fireworks Ordinance: Proposed Ordinance #4 to proscribe the procedures and standards for the issuance of fireworks display permits and to provide penalties for violations of the ordinance was offered by DeKorne, supported by Postmus. Roll Call Vote: Heeres: Yes; DeKorne: Yes; Mann: Yes; Rubingh: Yes; Postmus: Yes. The Ordinance was declared adopted. This Ordinance will take effect 30 days following its publication in a newspaper of general circulation within the Township.

20. Fire Department: Chief Groenink reported that the first new tanker truck will be delivered the end of June. He reported the recent hail storm on June 8 has damaged the shingles on the Ellsworth Fire Barn. The Charter telephone service has been installed. The repairs have been completed to the driveways at both fire halls.

21. Cemeteries: Mark Groenink reported there are some very old headstones that are leaning and breaking. He & Brad VanderArk are interested in maintaining and leveling the markers. They both have liability insurance and are willing to perform this service for $20 per hour. MOTION Heeres, Mann, CARRIED to appropriate $500 towards this project. The Board will re-evaluate next year to see if more funds are needed. Mark DeKorne presented bids for removal of two large elm trees, the large evergreen tree at the Ellsworth Cemetery including removal & stump grinding of the evergreen. Sky’s the Limit Tree Service of Ellsworth presented a bid for $1575 and RC Contracting of Central Lake presented a bid for $1450. MOTION Mann, Postmus, CARRIED to award the bid to RC Contracting. Clerk reported a complaint had been filed regarding disposal of shrub trimmings from a grave on adjacent private property. The identified lot owners will be contacted and asked to use the waste receptacles provided in the future. Signs will be made for water containers at the cemeteries to read “non-Potable”.

22. Treasurer: Motion Postmus, Mann, CARRIED to transfer $100,000 from the General Fund to the Fire Fund to remove the deficit.

23. Roads: Contract for Farrell Road to include two courses of chip seal and a fog seal at a cost to the Township of $75,960. Deposit of 75% is required with the contract. MOTION Mann, Rubingh, CARRIED to approve the contract and make the deposit.

24. Antrim Creek Natural Area: Clerk & Supervisor have discussed the appointment situation with County Commissioner Jerroll Drenth. MOTION Mann, DeKorne, CARRIED to rescind the appointment of Mark DeKorne to the ACNA Commission and accept Jacob Veenstra as one appointee for Banks Township. Jake’s term will expire January 1, 2012.

25. Info Items: County Commissioner Districts have been realigned due to census reports. Banks Township remains a part of District One. Letter from Burt Thompson regarding the ACRC position on blind driveway signs was shared. Their position is the signs create a false sense of security for the property owners and in actuality an increase in traffic accidents occurs. Financial reports for 2010-11 were distributed. Library reports from Central Lake & Jordan Valley libraries were shared. COA Picnic is scheduled for August 18 @ noon. They are looking for volunteers to serve. The Watershed Council has requested we purchase a membership. NLEA letter re: member services was received. Oil & Gas newsletter was received. Sheriff’s report of 911 activities for May was shared. A letter outlining the changes to Charter services for the community was shared. Letter from EFE regarding inspection of LP Tanks was shared. Registration information for the MTA Summer Legislative Conference @ Crystal Mountain Resort was shared.

26. Breezeway Garage Sales: Supervisor reported a tremendous turnout for the Breezeway Garage Sales last month. The Cruise is scheduled for June 30 as a kickoff to the Community’s Ellebration Festival.

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

28. The meeting was adjourned at 10:20 P.M.

Respectfully submitted,

Donna L. Heeres

Banks Township Clerk