Banks Township Board Meeting

Monday September 21, 2009

Draft Minutes

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: Janet Koch of the Antrim Review, Andy Veenstra, Dave Rasmussen, Shirley Tornga, Janice Drost, Bob Vollmer, Chet Drenth, Jerry Rasmussen, Mark Groenink, Dave Heeres, and Hugh Campbell. Romain LaLone arrived at 8:13 PM.

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

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

4. The treasurer’s report of incomes and balances was given. General Fund Balance: $345,300.68 with $40,000 due from the Fire Fund; Fire Fund Balance: $81,936.12; Roads Fund Balance: $93,820.47; Liquor Fund Balance: $1,941.98; Grand Total: $522,999.25.

5. Public Comment: Bob Vollmer asked for an explanation on why the Christmas tree was not going to be lit this year. Supervisor explained that the Board took action at our August meeting to investigate the legalities of lighting a Christmas tree and also the costs of a permanent electrical connection & electricity usage costs. Dave Heeres asked what the legalities of tree lighting are. Supervisor responded he wished to get all the comments before the Board reports on findings. Hugh Campbell stated that if it is illegal to light the tree, we are wasting our time here. He also stated that the tree lighting is not just an Ellsworth event, it has community and surrounding area involvement, and is a tradition. He questioned what is the actual cost of the electricity. Dave Rasmussen stated two years ago the lights were on 12 hours or more each night for several months. Last year, they were on only 4 nights due to safety concerns of the system. He explained that last year when the tree was powered up, it had an old panel that was not considered safe. He purchased and the Township reimbursed him for new equipment (breakers, timers, wire approximately $800 worth) that was not put into use due to weather issues. The panel is borrowed, the lights are owned by private individuals. He stated the tree is huge, White House material, and that the tree lighting ceremony brings people to town like the fireworks does. Jan Drost stated that the town should not abandon an activity that brings children and community together. Chet Drenth stated the tree was planted in memory of Gerald Kunde and suggested we should get the electrical problems solved and light it and be done with it. Jerry Rasmussen stated that as a township and village resident and taxpayer, he would like to see the tree continue to be lighted. Supervisor Mann reported a telephone call from taxpayer and large supporter of the Christmas tree lighting project Dave Muha. He expressed regret over the decision of the Board to not light the tree. Letters from Superintendent of Schools Lynn Spearing and Village Resident Jan Olach were read. Both in support of continuing to have the tree lighted and cited reasons the tradition is important to the community. Dave Heeres thanked the Board for representing the wishes of the community in their decision making. Public comment was closed at 9:09 PM.

6. Planning Commission: Rubingh reported that the wind turbine ordinance amendment was not published after our last meeting and the Planning Consultant recommended it be sent back to the PC to properly address the language changes recommended by the Township Board. The PC reviewed the proposed changes. The changes were for clarification and not content related. MOTION Rubingh, DeKorne, to adopt Ordinance #6 of 2009 amending the Wind Turbine Generator language in the Banks Township Zoning Ordinance. Roll Call Vote: DeKorne: Yes; Rubingh: Yes; Mann: Yes; Postmus: Yes; Heeres: Yes. Ordinance amendment was declared adopted. It will be published in the October 1 edition of the Antrim Review with an effective date of October 9, 2009. Review of the Master Plan continues by the PC. Next meeting is October 12. Proposed language, submitted by Richard Beemon, to amend the zoning ordinance as related to accessory buildings and hunting & fishing, will be reviewed at the October 12 meeting with public hearing possibly in November.

7. Zoning Administrator Report: Andy Veenstra reports that four zoning permits have been issued in the past month. Small buildings and additions are being done.

8. Lawful Expenditures/Tree lighting: DeKorne reported that he has researched the lawfulness of expending public funds for lighting a Christmas tree. He reported that the State statute lists exclusions and if not listed as exclusion, it is lawful. Supervisor Mann reported he contacted MTA and was told the lights are a lawful expenditure as they are decorations of the streetscape. The issues surrounding the tree lighting are cost of the upgrade, safety and cost of the electricity. The cost of the upgrade to a permanent connection was $1730 to $5200 (for additional meter base). The cost of the electricity was estimated @ $250 per year based on electrical use records. Treasurer Postmus stated her rationale for opposing the expenditures were based upon reduction in State Revenue sharing dollars, reduction in local tax collection including PTAF that has been implemented by the Township Board, reduction in taxable values that further reduces tax base. She stated that property owners are struggling to pay their taxes and she feels the tree lighting is a needless expense. Supervisor Mann stated his rationale for being in favor of the expenditure includes it is an important investment in the community. The school, park and tree are all symbols of the community, the center pieces. He feels that people looking to settle in the community may choose us due to the expression of “spirit” by the community. Also, those who may not be able to afford a tree in their own homes will be able to enjoy the community tree. Trustee Rubingh thanked those who donated lights, time & effort to the community tree lighting and the fireworks. He stated their efforts have drawn people together. He questioned if it is the township responsibility to take over good things that were started by donations. He stated that the community should continue to light the tree but feels it is wrong to ask the taxpayers to fund it. Clerk Heeres asked if we are able to reuse the equipment that was purchased last year and would it be safe. Public Input was received: Hugh Campbell stated that there is a lighted tree both in Washington DC and Lansing that is funded by taxpayers’ dollars. He stated that he pays taxes for the promotion of community. Government’s job is to do things that individuals can’t do. Chet Drenth asked if the issue is legalities or costs. Supervisor Mann stated that the bids solicited were to make a permanent hookup. Dave Rasmussen assured the Board that the equipment that was purchased last year would safely power the tree this year. He stated at the connection into the building would still need to be made by an electrician. MOTION Mann, DeKorne, CARRIED to use the equipment purchased last year to light the tree. Supervisor expressed thanks to Dave Rasmussen, Dave Muha, Chuck Fox, Jerry Rasmussen, Magnum Electric and others for their donations of equipment, time and money to this project.

9. Sheriff Substation: The sheriff has not moved into the Bank Building yet. Supervisor Mann will contact Sheriff Bean and offer space at the township hall for the winter to avoid the need to heat the bank building during the winter. The Banks Township Historical Society has purchased and installed a new dehumidifier that is connected to the septic system. They have also purchased a new transcriber program for the computer that will promote more rapid recording of stories & information. In 1-2 months, the Township will shut off the water and heat for the winter after draining the pipes. The computer at the BTHS needs an internet connection. If it is equipped with a wireless connection, the code will be provided for using the township link. Supervisor Mann discussed importance of backing up the data and safe storage of the same. Supervisor Mann commended Shirley Tornga and Mary Ann Scott for their work in digitizing records for the BTHS and the community.

10. Merit Award: Supervisor Mann reported that he will send a letter of recommendation to the Coast Guard recognizing Peter Rupinski and his contributions to the fire dept and community.

11. Breezeway: Supervisor Mann announced that articles about color tours on the Breezeway have appeared in several downstate newspapers, with circulation totaling over 1 million copies. Jane Ammeson is the author of the articles. A cruise night is being discussed during color tour time.

12. Ambulance: Supervisor Mann reported communications from a citizen who witnessed EMS at Antrim Dells Golf Course. There were questions raised about the time it took for responders to arrive on the scene. He learned with investigation that the first two responders were on the scene within 4 minutes of the call. Friends of the victim were performing CPR immediately and saved his life. Supervisor Mann commended the Banks Township Rescue Squad and the East Jordan Ambulance for their services that exceeded our expectations! Thanks guys! Clerk will contact Antrim Dells to get a layout map of the golf course for the FD for future reference.

13. Internet Providers: The Township’s contract with Cherry Capitol will expire in a few months. Supervisor and Village President Hugh Campbell will investigate services that are available to us.

14. Roads: Contract for addition of gravel to Klooster Road was received from the Antrim County Road Commission. Estimate is reduced from original estimate by $800 to $5200. Sealing of pavement cracks has been started.

15. Phragmites: Letter from the Milton Neighbors group was shared with the Board. Funding for the grant for treatment is held up in the Senate. Weather issues are a concern for treatment this year. The treatment must be done before a hard frost. MOTION Rubingh, DeKorne, CARRIED to contact the DNR for Treatment Company that will be chosen and then contact that company to schedule treatment not later than October 1. If stimulus/grant monies are not available, general fund dollars will be used.

16. Wilson Drive: Clerk reported that summons has been received on petition of James & Prudence Barber to quiet title to a small 66x113.22 foot rectangle at the end of Wilson Drive. MOTION DeKorne, Postmus, CARRIED to not respond to the summons.

17. Assessor Contract: New contract with AD Assessing was distributed. MOTION Mann, Postmus, CARRIED to approve the contract which commences October 1, 2009.

18. Recycling Center: Village President Hugh Campbell informed the clerk this week that a county recycling center will open on October 5 on county owned property on C-48 adjacent to the Village ball fields. American Waste will be the hauler for the tin, glass, plastics, newspapers & cardboard that are dropped off there. The Village will plow the site in the winter. It will be open 24/7 and will have security cameras installed as needed.

19. United Way One Day of Caring: Volunteers from Charlevoix High School and Charlevoix United Methodist Church were in Ellsworth last Thursday to participate in this project. Volunteers assisted at the Moms & Tots, the Front Porch, the Labyrinth Gardens, volleyball court, and the township hall. At the hall, the kitchen cabinets were washed inside & out, the flower gardens were weeded. Many thanks to the students who helped us!

20. Electrical Projects @ Township Hall: Clerk reported that the stage lights and panel upgrade upstairs are complete. The contractor, 3 J Electric, did a very nice job. Clerk has not received a return call from Eisley Electric on the lights/receptacle on the front of the building.

21. County ORV Ordinance: Draft was distributed for review. October 26 is the close of comments.

22. Info items: Sheriff’s report of incidents was shared.

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

24. Next meeting will be Monday, October 19 @ 7:30 PM.

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

Respectfully submitted,

Donna L. Heeres

Banks Township Clerk