Banks Township Board Meeting

Monday May 16, 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, Jerry Rasmussen, Sheriff Dan Bean, Tim Underwood, Jacob Veenstra and Andy Veenstra.

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

3. The minutes of the April Regular Meeting were presented. MOTION Rubingh, Mann, CARRIED to approve the minutes as presented, amending item 7 “Brimley Fire Department” to “Superior Fire Department in Brimley”.

4. The treasurer’s report of incomes and balances was given. General Fund Balance: $314,861.36; Fire Fund Balance: $-40,361.27; Roads Fund Balance: $98,432.41; Liquor Fund Balance: $867.02; Grand Total: $373,799.52.

5. Public Comment: Jerry Rasmussen presented the fireworks permit application for the Board’s review & action. He requested funds to provide the public display of fireworks on Saturday, July 2, 2011, and 10:20 PM. He asked the Fire Department to provide services including stand-by, traffic control, etc. as in the past. He reported that fund raising activities are underway including a golf outing on June 11 and several 50-50 drawings. He questioned the Board’s plans on the Christmas tree in front of the Township Hall. It is nearing maximum usable height. The Board informed him that consideration is being given to using it one or two more years and then replacing it with a smaller tree on the same site. Since the tree was planted in memory of Ellsworth Businessman Gerald Kunde who died in 1982, the possibility of making benches out of the trunk was discussed.

6. Public Comment: Sheriff Dan Bean presented his 2010 report. He updated the Board on the Marine Patrol for this year as well as pointing out that traffic stops more than quadrupled between April of 2010 and 2011. (Nine in 2010, 40 in 2011) He is analyzing the statistics and will report back on his findings. He also announced that the court house in Bellaire is having new metal detectors installed for screening of all entrants to the building.

7. Public Comment: Jacob Veenstra gave a report on the Antrim Creek Natural Area Commission activities.

8. Fire Department: Chief Groenink reported that the Fire Board met this evening. a) Three bids were reviewed for filling cracks & pot holes at the Ellsworth & Atwood Fire Stations. The Fire Board recommendation was to hire Asphalt Maintenance Services from Charlevoix to do the work. The Atwood cost is $1757 and the Ellsworth cost is $425. MOTION Mann, Heeres, CARRIED to approve this bid. b) Chief Groenink reported that Jon Kelley has resigned as firefighter. c) Chief Groenink reported that Scott Patchin of CSI has notified him that the tanker bodies have arrived and the sub-frames are built. Delivery is scheduled for mid-June. The truck committee will make a trip to Grayling to inspect them on May 26. d) The fire/rescue run report was reviewed.

9. Cemeteries: Repairs have been completed for the flag pole at the Atwood Cemetery and the tanks at both Atwood and Ellsworth Cemeteries have been raised to make them more accessible. They will have signs placed so people will realize what the tanks are holding. There is a very big pine tree in the Ellsworth Cemetery that needs to be removed and also several small, decorative trees along the driveway near the vault building. Trustee DeKorne will check them out and make a recommendation.

10. Zoning Administrator: Andy Veenstra reported two zoning permits for new homes have been issued in the past month. There was only one for all of 2010 so this was received as positive news for the community. Andy plans to be gone on vacation for several weeks this summer. He will advise the Board of the exact dates at our next meeting.

11. Treasurer: a) Motion Postmus, Mann, CARRIED to transfer $100,000 from the General Fund to the Fire Fund to remove the deficit. b) A letter was received from the State Tax Commission stating that Banks Township is authorized to use a computerized tax roll. c) Ellsworth Community Schools contract for summer tax collection was presented. MOTION Postmus, Heeres, CARRIED to approve the contract terms and authorize the treasurer to sign it. d) Charlevoix Public Schools contract for summer tax collection is in negotiation phase. Treasurer was authorized to negotiate with them to establish a contract for summer tax collection beginning in 2012.

12. Planning Commission: Rubingh reported on the outcomes of the public hearings. a) The Drenth Holdings application for Class A non-conforming use was approved. b) The special approval of a second dwelling on a parcel in an Ag zone was granted. c) The language amendments for the village zone to allow Ag use and veterinary hospitals/clinics was approved & sent to the county PC and Township Board for approval. d) Medical marijuana act provisions are being reviewed. A webinar on May 18 will be viewed. Mary Campbell & Bryan Graham are collecting information for the PC to study. A moratorium is being considered to allow more time to develop ordinance criteria.

13. Zoning Ordinance Amendment #1 of 2011: An ordinance to amend Article 6, Section 6.06, subsection 2 of the Banks Township Zoning Ordinance was recommended for Board approval by the Township Planning Commission and the County Planning Commission. MOTION Mann, supported by Rubingh, to adopt the ordinance: Roll Call vote: Postmus: Yes; Rubingh: Yes; Mann: Yes; DeKorne: Yes; Heeres: Yes. Ordinance was declared adopted. It will take effect 8 days after publication in the newspaper. (June 3, 2011)

14. IDD/IFEC application: Ellsworth Farmers Exchange has re-applied for the establishment of an Industrial Development District and an Industrial Facilities Exemption Certificate for property they own at 11900 Byers Road. A public hearing will be held during the regular June 20 township board meeting.

15. Zoning: Trustee Rubingh reported that he had talked with Kevin Elsenheimer about potential development of police power ordinances in place of the zoning ordinance to avoid delaying businesses from starting up in the township.  Rubingh stated that Kevin agreed with him that Banks Township should rewrite the zoning ordinance to remove all constraints from the ordinance and create a set of new simplified ordinances. He said that Kevin stated that he would gladly help rewrite an ordinance via his law firm. This new ordinance would eliminate the need for a planning commission. Rubingh stated that “the three (recent) public hearings were a waste of time, effort & money” and that “the zoning ordinance is very restrictive” of business.   Discussion followed.

16. Fireworks: MOTION Mann, Heeres, CARRIED to approve the fireworks permit application and contribute $1000 to the fireworks fund for July 2, 2011. YEAS: 4; NAYS: 1. MOTION CARRIED.

17. Antrim Creek Natural Area: Clerk reported that the Board of Commissioners filled a vacancy on the ACNA that should have been filled by Banks Township. Supervisor Mann appoints Mark DeKorne to fill the vacancy on the ACNA created by the expiration of Gary Strange’s term. This is a three year appointment that expires January 1, 2014. Clerk will notify Peter Garwood in the County Planning Office of this action.

18. Clean Up Day: Supervisor reports 125 yards of compacted trash and 16 freon units were collected. Additionally, a large amount of steel and batteries were disposed of. Discussion was held about shortening the hours of collection as the last hour was very slow. Also, we will ask people to present the card when driving through. Supervisor expressed thanks to FD personnel Pete Rupinski, Daryl Richards, Larry Essenberg, Mark Groenink and Bill Everett along with Jim Postmus, Dave Heeres, Jay Springstead and Chris DeKorne who volunteered to help with the Clean Up Day collection work. Hazardous Waste Collection will be August 27 by appointment with the Antrim Conservation District.

19. Breezeway Garage Sales: Will be held on Friday & Saturday, May 27 & 28 from 9 AM to 4 PM.

20. Fire Dept Internet & Phone Service: Clerk shared information regarding rates and availability of services. Consensus was to continue internet service with COLI and pay for one year at a time and switch phone service to Charter.

21. Lakeshore Drive: Supervisor reported discussions with property owners on Lakeshore Drive and Norwood Township Supervisor Frank Hamilton about wishes of the residents to have the road paved, without widening.

22. Info Items: Township Park: Treasurer Postmus reports the stump grinding has been completed along with re-seeding. School Election: Clerk Heeres reports 155 voters participated in the May 3 election. Township Hall Furnace: The downstairs furnace failed recently due to a faulty circuit board and igniter. Both have been replaced. She encouraged the Board to consider completing the recommended furnace/ductwork repairs as discussed last fall. Campground license for Wieland’s Whistling Pines was received. Consumers Energy incentive payment of $563.40 has been received for the electrical improvements that were made to the downstairs fixtures. Thank you note was read from the Moms & Tots for the use of the township hall for their annual fundraiser. Workshops info on Millage Questions, Medical Marijuana, Planning & Zoning, Chamber of Commerce Golf Outing, and Cemetery Association meeting was shared.

23. Planning Enabling Act Ordinance and Fireworks Ordinance: Proposed ordinances will be drafted by the Township’s legal counsel and public comments will be heard at our regular meeting on June 20.

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

25. The meeting was adjourned at 10:30 P.M.

Respectfully submitted,

Donna L. Heeres

Banks Township Clerk