Banks Township Board Meeting

Monday, October 16, 2017

Draft Minutes

  1. The meeting was called to order at 6:00 P.M. by Supervisor Thomas Mann. Present were Supervisor Mann, Treasurer Katy Postmus, Clerk Donna Heeres, Trustee David Rasmussen and Trustee Tom Cooper. Also present: Deputy Clerk Tina Sundelius, Andrew Veenstra, Jerry Rasmussen, Jarris Rubingh, Bill Hott, Fred & Shawn Hunt. David Michael and Don Michael arrived at 6:13 PM. Marvin Rubingh arrived at 6:20 PM. Hugh Campbell arrived at 7:15 PM. Supervisor Mann led the Pledge of Allegiance and gave the Invocation.

  2. Public Comment: Fred Hunt addressed the Board regarding the proposed gravel mining operation on Six Mile Lake Road. Fred is a South Arm Township Resident and is representing 73 others who have signed a petition against the gravel pit. He stated that Elmer’s has not been good stewards until recently, when multiple complaints and calls were made to report dangerous road conditions (slippery from dirt on roadway and rain), Elmer’s took care of it. The heavy traffic from the trucks with little concern over the neighborhood since Elmer’s took over were cited along with the effect on the water quality and wells with the mining operations.

  3. Public Comment: Shawn Hunt reported the petition contains 75 signatures and was presented to the Planning Commission. She stated they have called every year with complaints about the dangerous conditions and “Elmer’s refused to do anything.” “This year they have a new safety director and the slippery road was taken care of” in a short time after the calls. She cited noise complaints related to the mining and truck traffic. She stated “the new operation will use the same driveway” and she is investigating the SUP that was issued by South Arm Township as she feels the conditions of the SUP are not being met. “The watershed and conservancy across the road should buy this property and put in mountain bike paths. There is open water 40 ft from the property that drains to the lake.”

  4. Public Comment: David Michael, property owner at 3625 Six Mile Lake, adjacent to the proposed gravel mine property, addressed the Board and presented his “points” along with a water quality analysis done by Culligan. He stated the turbidity of the water is 3x the recommended limit and the Chromium level is very high.

  5. Public Comment: Bill Hott commented that he is opposed to approval for the gravel mining SUP.

  6. Public Comment: Marvin Rubingh, applicant for SUP, offered to answer any questions.

  7. Public Comment: Jarris Rubingh reported a deer was taken during the youth deer hunt that tested positive for Chronic Wasting Disease. This was in Montcalm or Kent County. TB is present in NW Michigan herd but so far, not CWD.

  8. Public Comment: Fred Hunt asked about Eurasion Milfoil Treatment. Six Mile Lake property owners paid for 5 years for treatment on their lake and he recommends PLM as a treatment provider.

  9. Board Response: Supervisor Mann stated he appreciates the public input. Public Comment was closed at 6:40 PM.

  10. Minutes: The minutes of the September 18, 2017, regular Board Meeting were presented. MOTION by Postmus, seconded by Cooper, to approve the minutes, as presented. MOTION CARRIED.

  11. Fire Department: Supervisor appointed Marlin Sweet as EMS Director to replace Cody Randall who moved. MOTION: by Cooper, seconded by Rasmussen, to approve the appointment. MOTION CARRIED. The State inspection of the Rescue Unit is anticipated soon.

  12. Township Hall: Jerry Rasmussen reported the urinal is to be installed this week. Drain pipes were rusted through. Consensus to provide two porta johns for weekend rental if men’s room is not operational. The driveway is being widened and rocks will be placed as retaining wall. Jerry is doing most of the work. Concrete will be poured when patch is made in men’s room. He reported a leak from the roof (? Ridge vent?) during a rental over the weekend. Discussed possible solutions. Trustee Rasmussen will foam the ridge vent on the west side ASAP and evaluate. Jerry reports rentals have been very busy.

  13. Treasurer’s Report: Postmus reported on the incomes & balances for the month: Tire Grant Money has been received. General Fund Balance: $138,570.84 (Balance due from fire fund: $120,000.); Roads Fund: $31,344.03; Fire Fund: $118,045.87; Vehicle Fund: $91,373.09; Liquor Fund: $2,398.99; Grand Total: $360,629.75. Bills represented by the attached list were reviewed for approval for payment. MOTION by Postmus, seconded by Rasmussen, CARRIED, to approve the bills as presented.

  14. Zoning Administrator’s Report: Veenstra reported he has had a lot of activity this month but only one permit issued. He has drafted a response to the complaint on Timberlane Drive. He feels it is not in violation of the variance that was issued. He was called by the alleged owner of (another) property to report unlicensed vehicles and two additions to a house that were done without permits. He has tried to contact the Building Dept. to check on the status of the additions.

  15. Planning Commission: Cooper reported lots of public input at the last PC meeting, mostly against the gravel mining SUP application. A public hearing was held on the economy efficiency units’ amendment and some changes were made based on public input. It has been sent to the Antrim County PC for review. The Update for the Master Plan is due in 2018.

  16. Correspondence: Invitation to the Michigan Townships Association’s Antrim County Officers Association meeting October 26, @ 7:30 at the Central Lake Township Hall; Sheriff’s 911 report; Community Foundation newsletter with new Board member Mary Peterson replacing Philip Palajac Department of Licensing and Regulatory Affairs asking that all municipalities take an online survey to help them gather information on the status of video service competition in the state; County Administrator Peter Garwood asking for interested residents to fill several open county committee positions; invitation from Great Lakes Energy to all firefighters and first responders to attend a free electrical safety training session; letter confirming Clerk Heeres’ registration for the upcoming MTA training conference in Petoskey Oct. 25.

  17. Township Park, Township Hall & Park Dedications: A ribbon cutting was held at the Banks Township Park at 5:30 this evening. A press release and photo announcing upcoming ribbon cuttings for the Community Square and Township Hall and open house were discussed. The schedule of events for the E+A meeting on Nov. 8 and menu was revealed. Supervisor Mann is working on slide/video shows and State of the Community information to be presented at that meeting.

  18. Village Update: Village President Hugh Campbell informed the board that paving would begin on Harris Street to Lincoln to Main and Sunrise Drive on Oct. 23. The Village is presently conducting a feasibility study for a waste water system. They presently have 2 bids for the study and will award the job at their Nov. 13 meeting.

  19. Zoning Ordinance Amendments: MOTION to approve the Cargo Container Ordinance as written was made by Postmus, seconded by Cooper. After discussion, the Board felt the ordinance needed clarification on some questions such as what happens to existing containers and whether permits would be required for them to continue. ROLL CALL Vote: Postmus: No; Cooper: No; Mann: No; Heeres: No; Rasmussen: No. MOTION FAILED. The ordinance was sent back to the Planning Commission for further review. MOTION to table the Telecommunications & Greenbelt Ordinance Amendments (due to failed distribution of emails) was made by Mann, second by Postmus. MOTION CARRIED.

  20. Clean-up Day: The Township Clean-up Day was set for May 12. Supervisor Mann has submitted our application for the Tire Grant from the DEQ.

  21. Phragmites: MOTION to approve a $200 contract with CAKE CISMA for Phragmites treatment of Lake Michigan shoreline and ditch on C-48 near the deer processing plant was made by Heeres, seconded by Rasmussen. ROLL CALL Vote: Postmus: Yes; Cooper: Yes; Mann: Yes; Heeres: Yes; Rasmussen: Yes. MOTION CARRIED.

  22. Computer Back-up: Bids for off-site back-up for the clerk’s computer were discussed. No action pending further information.

  23. Roads: Roads committee minutes of October 11 were reviewed along with map presented by Supervisor Mann. Roads Committee recommendations for paving Slough Rd to the top of the hill ($66,900) and gravel to Toad Lake Rd. ($20,250) were discussed. Supervisor Mann asked the Board to review the budget before a vote is taken on these projects. Trustee Rasmussen informed the Board of ACRC ditching along US 31 in Atwood: the new ditches are now full of water, more than ever. Multiple owners have called and complained with no resolution. Hydroseeding applied after the ditching washed away immediately following its application. Work on the north end of Lakeshore Drive, in Charlevoix County, is proceeding with utility pole relocation and ditching.

  24. Lift Maintenance Agreement: A renewal maintenance agreement for the township hall lift was discussed. The lift was installed 3/7/2016. Questions arose over the absence of record of routine testing since installation. Trustee Rasmussen will contact A4Access for clarification.

  25. Recreation Plan: The Plan is due for review and update. Supervisor appointed Katy Postmus and Donna Heeres to the joint Rec Committee with the Village of Ellsworth as Township Appointees. Additional members are Hugh Campbell, Lynn Spearing, Brian Certa and Sarah Essenberg who were appointed by the Village Council. MOTION by Mann, seconded Cooper to approve the appointments. MOTION CARRIED.

  26. Election Inspectors: Brenda Powers, Irene Shooks, Marilyn Ferweda, Donna Holt, Thelma Chellis, Judy Smith, Donna Heeres and Tina Sundelius were appointed as election inspectors by the elections commission for the Nov. 7 election with Sharon Alofs as alternate. MOTION by Rasmussen, second Mann to approve the appointments. MOTION CARRIED.

  27. Public Comment: Marvin Rubingh thanked the board for taking care of the township. He stated that local gravel keeps the prices down and that the pit he is proposing is “not all about me” but best for the area.

  28. Public Comment: Fred Hunt commented “there are lots of gravel pits; not the end of the world if this one is not approved.”

  29. Next meeting Monday, November 20 at 6 PM.

  30. The meeting was adjourned at 8:44 P.M

Respectfully submitted,



Donna L. Heeres, Banks Township Clerk