Banks Township Board Meeting

Monday, July 17, 2017

  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: Deputy Clerk Tina Sundelius, Jarris Rubingh, Don Miles, Hugh Campbell, Aaron Gaffney, Andrew Veenstra, Jerry Rasmussen, and Tony Cutler. Supervisor Mann led the Pledge of Allegiance and gave the Invocation.

  2. Public Comment: Aaron Gaffney asked permission to rent the hall in the event construction at the school wasn’t complete by September 5. He requested use of both upstairs and down from September 5-15.

  3. Public Comment: Tony Cutler, representing Senator Wayne Schmidt & Representative Triston Cole, presented Citizen of the Year Hugh Campbell with a proclamation from our governor & state representatives.

  4. Public Comment: Hugh Campbell reported that the community square is having an irrigation system installed and asked to have temporary access to the hall outside electrical box. MOTION by Rasmussen, seconded by Mann to allow a buried electrical line to be plugged into the hall’s electrical box along with the sprinkler controls. MOTION CARRIED. Campbell also informed the board that the Village was in the process of making the Community Park ADA accessible and installing a kayak launch ramp. The Village has also received a $32,000 grant for a feasibility study for sanitary sewer system.

  5. Public Comment: Jarris Rubingh reported that Candidate for state senate Robert Young has been visiting local farms the past week. He stated a concern about the decibel levels listed in the proposed noise ordinance.

  6. Ellsworth Community School: Discussion was held regarding the apparent encroachment on township and/or village property with the new bus loop at the Elementary School. Consensus was to work with the school to develop a solution for the encroachment. Supervisor and Clerk will meet with school officials to accomplish this.

MOTION: Mann, seconded by Cooper to allow the school to use the township hall for classroom space as necessary until the construction is complete at the schools. MOTION CARRIED. Mann asked that Donna Heeres and Jerry Rasmussen provide a calendar of reservations that may overlap the dates. Gaffney also stated he would provide cleaning of the hall during that time. The board agreed to rent to the school. Gaffney also asked the township to allow the school to construct a bus drive on the township property that boarders the east side of the elementary school. There was discussion about whether the township owns the railroad easement in question. MOTION by Heeres, seconded by Mann to grant an easement to Ellsworth Community School to allow a bus driveway/turnaround that appears to encroach on township (& Village) property on the east side of the school’s property. Heeres will contact legal counsel to draft necessary documents to allow the easement. Roll call vote: Postmus: Yes; Cooper: Yes; Mann: Yes; Heeres: Yes; Rasmussen: Yes. MOTION CARRIED.

  1. Fire Report: No report

  2. Minutes: The minutes of the June 17, 2017, regular Board Meeting were presented. MOTION by Postmus, seconded by Cooper, to approve the minutes changing Mann’s name to Heeres in item #7. MOTION CARRIED.

  3. Township Hall: Jerry Rasmussen is planning to do some landscaping at the end of the parking lot. He also stated that the hall has been busy. D. Rasmussen reported that 2 bids have been received to replace the urinal & install a mop sink: $4,860 from Drenth Plumbing & Heating and $3,485 from Haggard Plumbing & Heating. He recommends Drenth’s due to Banks Township contractor, proposal includes concrete removal and repair. Also, if less time is needed, cost will be less than quoted. MOTION by Mann, seconded by Heeres to accept the proposal from Drenth Plumbing & Heating and have J. Rasmussen do any misc. repairs at an hourly rate. MOTION CARRIED.

  4. Treasurer’s Report: Postmus reported that tax bills have been mailed. She reported on the incomes & balances for the month: General Fund Balance: $182,376.92 (Balance due from fire fund: $120,000.); Roads Fund: $57,462.03; Fire Fund: $125,170.38; Vehicle Fund: $91,109.57; Liquor Fund: $1,048.72; Grand Total: $457,167.62. Because the computers have gone down, Heeres read the bills to the board. MOTION by Rasmussen seconded by Cooper, CARRIED, to approve he bills as presented.

  5. Building Committee: The light fixtures should be arriving this week. The stain project in the great room needs to be completed. Still looking for someone to install the acoustic panels and Heeres has finally gotten someone to acknowledge that more clips for the panels need to be sent, they should be arriving soon. MOTION by Mann, second by Cooper to give Rasmussen the authority to contract with someone to install the acoustic panels. MOTION CARRIED.

  6. Zoning Administrator’s Report: Veenstra reported that 4 permits were issued this month, 1 new home, 1 new garage, 1 storage building and 1 sign. He reported that the trailer situated across from the day township park is there legally. It was suggested that he address the situation as a blight issue. He reported that he had a letter ready to be sent to the resident on Coeling Road that has been cited for blight and intends to send it by certified mail. He spoke with Tim Maylone of Cherry Capital Connection concerning height restrictions for the antenna on Bill Austin’s silo. Warren Nuffer will be adding a small addition to the “little house” to make it comply with zoning.

  7. Planning Commission: Cooper reported the PC is discussing heights for antennae of existing structures such as barns and silos. Public Hearings are scheduled for August 8 for ordinances on transmission towers and shipping containers. A proposed Noise Ordinance was drafted by the PC with request for the Township Board to enact as a police power ordinance. Heeres suggested this might be a good topic for a County Chapter of MTA meeting to get all townships to adopt the same ordinance for ease of enforcement by the Sheriff department. No action yet on request for SUP for sand and gravel extraction as findings of fact continue to be developed by the PC. Greenbelt ordinance needs to be reviewed by the County PC before action by Township Board.

  8. Ambulance Authority Report: Supervisor Mann is still looking for a replacement for Cody Randall on the Ambulance Authority Board.

  9. Correspondence: Public Notice from the DEQ regarding application by Frank Schwein for permit to construct a seaplane ramp on Ellsworth Lake, within the Village of Ellsworth; thank you card from Triston Cole for hosting office hours for him; notice from Antrim sheriff’s Department because of an accident in the hall parking lot resulting in damage to the BTHS building; letter from Charter Communications regarding change in channel lineup; ParPlan News; the monthly 911 report from the Sheriff Dept; notice of workshop on Brownfields and Placemaking August 9, 9 to noon in East Jordan; and Letter from Library of Michigan acknowledging new contracts between Banks Township and Charlevoix Public Library and Central Lake District Library with direction for release of penal funds in escrow at the new rate of division; letter from Ellsworth Community School regarding their building project and possible encroachment on Township owned property near the elementary bus loop on the east side of the building.

  10. Park Project: MDC wants to finish up and exempt themselves from the installation of the sign and landscaping around it. CAL Sign Co. will install the new sign. MOTION by Postmus, seconded by Rasmussen to have CAL Sign Co. do the installation and have Postmus oversee the landscaping. MOTION CARRIED. Postmus passed out 3 possible “clean up after your dog” signs. The most simplistic was chosen. Heeres or Rasmussen to ask Brian to paint stairs to the beach and the picnic tables. Discussion on soiled toilet building and need for trash cans. Rasmussen has researched trail cam for the park. MOTION by Cooper, seconded by Mann, to purchase spartan go-cam trail cam for $450 from Amazon. MOTION CARRIED.

  11. Clay Pit Bridge Road: Motion by Mann, second by Heeres to approve a contract for $35,600 to replace the deck on the bridge and pave. The amended plan will include raising the height approximately 8 inches for boat traffic. The ACRC will be asked to groom the area for stairs to be installed at a later date on the east end of the bridge on both sides of the road and to move/remove large rocks on the bottom under the bridge while the equipment is there. An updated contract will be requested before signing and making the deposit. MOTION CARRIED.

  12. Charter Communications Cable Franchise Agreement: Proposed agreement was reviewed & approved by legal counsel. MOTION by Mann, seconded by Rasmussen to approve the franchise agreement between Banks Township and CC VIII Operating, DBA Charter Communications for a 10-year renewal of the previously renewed contract that expires July 20, 2017. MOTION CARRIED.

  13. Zoning Violation/Blight Ordinance Form: Postmus is completing the form and printing for the Zoning Administrator.

  14. Antrim County Road Commission Meeting: Mann reported on information received at the meeting and distributed copies of materials.

  15. Contact list for Property Owners: The list was reviewed and edited. It will be placed on the web site, posted at the hall and given to Zoning Administrator to distribute to zoning permit applicants. Updated Officials Directory: Was circulated for corrections.

  16. Planning Together Meeting: Supervisor announced he is organizing this meeting.

  17. Ellsworth Farmers Exchange Pre-buy LP Agreement: MOTION by Mann, seconded by Cooper to approve pre buy for propane at the Atwood fire department for the similar number of gallons as last year. MOTION CARRIED.

  18. Public Comment: None

  19. Next meeting Monday, August 21 at 6 PM.

  20. The meeting was adjourned at 9:15 P.M

Respectfully submitted,





Donna L. Heeres, Banks Township Clerk