Banks Township Board Meeting

Monday, August 20, 2018

Approved Minutes

1. The meeting was called to order at 6:00 P.M. by Supervisor Thomas Mann. Present were Supervisor Mann, Clerk Donna Heeres, Treasurer Katy Postmus, Trustee Tom Cooper and Trustee David Rasmussen. Also present: Scott Schwander, Ted Mattis, Jim Ribbey, John Sawyer, James & Catherine Forster, Greg & Lynn Kirby, Julie Waterman, Judy Bradtke, Tim & Sandy Pienta, Dave Muladore, Rick & Kathy Luther, Supervisor Mann led the Pledge of Allegiance and gave the Invocation.
2. Public Comment: Ted Mattis, commander of the Robert Finch Sons of Union Veterans of the Civil War organization of Traverse City addressed the Board and outlined the group’s mission: Maintain graves of Civil War veterans. He applauded the township for the work done on the Catholic Cemetery recently to clean up and repair markers. He spoke of the group’s interest in joining the township for a re-dedication ceremony in October to commemorate this work. Other members of the group (Scott Schwander, Jim Ribbey, John Sawyer, James & Catherine Forster also contributed comments and a Walt Whitman poem. Scott will meet with Clerk Heeres after Labor Day to coordinate the event.
3. Public Comment: Sheriff Bean presented his report: New dog and handler are in training with completion date expected December 1. The Torchfest was more family oriented this year with fewer arrests. Recreational Marijuana question is on the November ballot and as it is written has “no teeth for law enforcement. A recent crash study shows 80-90% of fatalities are due to use of marijuana. Supervisor asked the Sheriff to address STRs. He stated with no noise ordinance in the county, the department is not able to address many of the complaints as they are not against the law. About jet ski complaints, he encouraged the complainants to identify the driver of the jet ski before calling it in. Also, fires on the beaches are regulated by the DNR.
4. Public Comment: Rick Luther, Timberlane Terrace property owner, stated short term rentals are not the same as campgrounds or cabins. They are “injecting a rental into a residential property neighborhood – and changing it to a business”. The STR “changes the neighborhood in that instead of a party taking place once or twice a summer, a party takes place two or more times a week with late night activities and noise.” STR “stresses the neighborhood”. He suggested a maximum of 21 rental nights per year be allowed.
5. Public Comment: Lynn Kirby asked if the public will be allowed to see the draft ordinance before the Public Hearing. She was assured it would be available on the website when the Public Hearing notice is posted.
6. Minutes: The minutes of the July 16, 2018, regular Board Meeting were presented. MOTION was made by Mann, seconded by Rasmussen, to approve the minutes as presented. MOTION CARRIED. The minutes of the July 30, 2018, special Board Meeting were presented. MOTION was made by Cooper, seconded by Rasmussen, to approve the minutes as presented. MOTION CARRIED. The minutes of the August 13, 2018, special Board Meeting were presented. MOTION was made by Mann, seconded by Postmus, to approve the minutes as presented. MOTION CARRIED.
7. Fire Department: No decals yet for the new Rescue Vehicle. Clerk & Fire Chief met with ParPlan Risk Manager on July 14. Report and recommendations expected soon.
8. Treasurers Report: Report of incomes and balances was presented by the Treasurer. General Fund Balance: $238,866.74 with $90,000 due from the Fire Fund. Fire Fund Balance: $135,160.06. Liquor Fund: $912.61. Roads Fund: $44,748.98. Vehicle Fund: $64,608.73. Grand Total: $484,297.12. Bills represented by the attached list were reviewed for approval for payment. MOTION by Postmus, seconded by Cooper, to pay the bills as presented. MOTION CARRIED. Discussion regarding request for written monthly report from Jan Rasmussen on rental activities.
9. Zoning Administrator’s Report: Clerk Heeres reported on 2 permits since last meeting with another to be issued tomorrow. One application was submitted and reviewed for Zoning Administrator. MOTION by Mann, seconded by Postmus, to offer a 6-month contract to David Muladore. Roll Call Vote: Cooper: Yes; Rasmussen: Yes; Mann: Yes; Heeres: Yes; Postmus: Yes. MOTION CARRIED. Training opportunities will be extended to David and a job description and contract will be completed for his and the Board’s review before signing.
10. Planning Commission: Trustee Cooper reports lots of visitors at the last PC meeting. The online survey is set to close soon. The Greenbelt Guide is ready to publish and distribute. Master Plan review is progressing. A committee, headed by Joni Wieland, is working on guidelines for STR.
11. Ambulance Authority: Julie Waterman reported the AA has met twice since our last meeting. The AA is searching for another building as lease issues have continued. Three new Life Pak defibrillators and one chest compression apparatus have been purchased recently for $89,000 to get the equipment list up to date. A new accounting services person has been hired: Heather Jackson. The same audit firm has been retained. Boyne Valley Township has expressed interest in joining JVAA; they are also considering forming an independent authority. Jay Peck met recently with the Sheriff of Charlevoix County about an alleged ambulance/pedestrian accident. Jay reported that the Sheriff Dept has no record of such an incident. Lights and siren will be used while en route to incidents and speed limits need to be observed. Run reports were shared: June had 7 to Banks Twp. and 4 to Ellsworth; July had 13 to Banks Twp. and 0 to Ellsworth. Year to Date totals are 47 to Banks Twp. and 10 to Ellsworth.
12. Election: Clerk reports 470 people voted in Banks Township without major incidents with the new equipment. This reflects approximately 35% of registered voters. Some nearby townships had many issues with equipment and required extra efforts to certify the election by the Board of Canvassers.
13. Correspondence: NWM Housing Summit is October 22 from 9 to 4 at the Hagerty Conference Center in Traverse City. Household Hazardous Waste collection September 15 in Mancelona from 9 am to 1 pm. NLEA “Connecting Entrepreneurial communities” rural conference is October 3 & 4 in Charlevoix. Antrim County Facilities Master Plan info meeting was held August 6; Clerk attended and learned of several options for facilities expansion including need for a new jail. Michigan Regional Prosperity Initiative Community Growth Grants Program for placemaking is open until September 10. Letter from legal counsel regarding medical marijuana and zoning regulations was shared. Letter from legal counsel regarding enforcement procedures was shared. MTA course offerings for September was shared. Letter & permit from Biotech Agronomics for application of biosolids (stabilized treated sludge) on land located in Section 11 of Banks Township and owned by Marvin Rubingh. Invitation to Acme to Elk Rapids bike trail planning public open house on August 22 in Elk Rapids was received. Letter that was sent in support of the Chain of Lakes Water Trail was shared.
14. Short Term Rental Proposal: The Board reviewed the proposal as presented by the PC. Questions were voiced, and the proposal will be returned to the PC to address those questions.
15. Park Update: Repairs have been completed at the Park for now. Cost is $3040. A proposal for placement of a culvert and berm was offered for $13,623. MOTION by Mann, seconded by Postmus, to hold off on the proposal for a backup plan for consideration if another catastrophe occurs. MOTION CARRIED. Request from James Mollicone to use the former boat launch area of the park to access his beach south of the park to restore the erosion protection on his property. MOTION by Postmus, seconded by Mann, to allow access by the contractor with formal written agreement, with complete restoration of ground cover, boulders and fence to as is condition with a $10,000 cash bond required. MOTION CARRIED. Postmus will coordinate the project with the property owner/contractor.
16. Township Hall: Discussion was held on salaries for hall janitor and rental coordinator. Postmus will discuss with both.
17. Greenbelt Brochure: Discussion was held on how and to whom to distribute this guide. Clerk will coordinate with Irene Shooks on what the PC’s mailing plans are. Don Miles has a modifiable version as a typo has been identified.
18. Roads: The Roads Committee met August 8 and offered plans for 2019: 1) chip & seal Church Road from Essex south to Bennett Hill Road (2 miles). 2) Pave or chip seal Doctor road north from the end of the pavement north to Skinner Road (1.5 miles). 3) Gravel Bennett Hill from Church Road to Farrell Road with cost sharing with Central Lake Township (1 mile). Request road counts for Lore, Slough, Bennett Hill and Crawford Roads. Paving done on Slough Road and gravel applied to Toad Lake Road. Clay Pit Bridge to be paved soon; the bolts have yet to be cut and filed. MOTION by Mann, seconded by Cooper to chip seal Church Road and gravel Bennett Hill Road in 2019 as recommended by the Roads Committee. MOTION CARRIED. Proposal from OHM, formerly NDG, to do a study to improve the gravel road as it exists on Lakeshore Drive was reviewed. Estimated cost is $23,355. No action was taken.
19. Cemeteries: Complaint received of cars driving over graves at Atwood Cemetery was received. Discussion was held on measures to put in place to prevent driving on the graves. Trustees Rasmussen and Cooper agreed to investigate and offer a solution.
20. Park Fence: Proposal of $550 to replace 7 posts and paint the fence on the north border of the park was submitted by BD Services. No Action taken at this time.
21. Phragmites: MOTION by Heeres, seconded by Mann, to join the group headed by the Antrim Conservation District for control of Phragmites in Antrim County. MOTION CARRIED.
22. Fire Department Internet: Clerk reports communication with the fire chief regarding the increased cost of internet at the fire hall. He agreed the cost exceeds the benefit of having it at the fire hall and will use the Wi-Fi at the township hall if necessary. Will cancel the contract.
23. BTHS Steps: Clerk has obtained one proposal for re-carpeting the steps. MOTION by Postmus, seconded by Heeres, to accept the proposal from Kiss Carpet for $278.22. MOTION CARRIED.
24. Public Comment: There was none.
25. Next meeting Monday, September 17 at 6 PM.
26. The meeting was adjourned at 11:12 PM.

Respectfully submitted,
Donna L. Heeres, Banks Township Clerk