Township Board Minutes – August 12, 2010

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Helena Township Board Meeting

August 12, 2010


The meeting was called to order at 7:00 PM by Supervisor Wagner and pledge of allegiance was said.  Present: Rice, Peterson, Wagner, Gurr, Teague.  Audience: 16.  Motion to approve agenda by Teague  with support by Gurr, motion carried.


Public Comment: Jim Swan, Fowler Lane resident commented on the various items remaining at the proposed car wash site that may be a zoning ordinance violation.


Dave Hulefeld, Fowler Lane resident, presented letter to board commenting on the unknown heights of lights on poles in site plan (recommends 20 feet or less), recommended standard spacing for the trees and shrubs as part of the landscaping along the berm and pointed out that the doors to the automatic car wash should be down during the car washing .


Vito Poma recommends that trailers used during the construction period be removed just before the opening of the car wash.

Approval of minutes: Teague made motion to approve the minutes as written, support from Rice.  Motion carried.


Treasurer’s Report: Library beginning balance as of July 1, 2010     $70,266.09

Receipts          $1,313.14

Disbursements        $10,355.28

Bank balance as of 04/30/10       $61,223.95

Two CD’s; $46,417.12 and $15,564.46

As of May 31, 2010 Total Assets $123,205.53               

                                   Township beginning balance as June 1,2010     $310,817.77

Receipts                    $20,155.20

General Fund Disbursements    $29,168.71

Cemetery                     $1,226.83

Building                       $3,390.39

Total Disbursements                  $83,785.93

                                                              $50,000.00 ROAD CD

                                 TOTAL ASSETS AS OF JULY 31, 2010        $297,187.04

Motion to approve treasurer’s report by Wagner, support Gurr, motion carried.


Presentation of bills: Township July 1-31, 2010: $72,881.75 includes $50,000.00 road CD ($22,881.75) and payroll of $10,545.31.  August 1-12, 2010: $6,717.33.  No report from STL Fire.


Speakers: PATL; Don Venburg, representing PATL (Preservation Association of Thayer Lake) updated the township board of its activities. Volunteer lake monitoring, covering water clarity, algae level, nutrient, water temperature.  Provided copy of the Thayer Lake Shoreline Survey Greenbelt Report from June 30, 2010.  Requested financial assistance for ongoing monitoring – $300.00 and aquatic vegetation survey by PATL members of $1400.00.  Board will discuss financial request at Sept. board meeting.

Communications: There will be a joint meeting of the planning commission and the township board Wednesday, Sept. 1st.  Request to resurvey tennis court park and Mary’s Beach road end/public access by Rice.  Motion by Teague to commit township funds (road millage funds), as available, to finance the resurveying of the road end/public accesses with support from Wagner and motion carried.  Mary’s Beach was approved to be surveyed first.  The board will get an estimate to survey the Tennis Court Park.  The owner of Curiosities has offered to help with the expense.


Committee reports: Zoning administrator Molby reported one land use permit issued for July and two zoning violations.  Teague inquired whether or not there were any citations issued for the two zoning violations; Molby responded no.  Board requested that Molby provide clarification of the status of the list of items that have been removed and those items that remain on the Pixley property – 30 day notice of zoning violation had been sent to Pixley.  Molby went through the list and noted those items that remain that will be used during the construction of the car wash.  One piece of equipment yet to be removed has parts on order.  Molby is satisfied that Pixley has cleaned up the property in preparation for the construction of the car wash.  Molby reported that a land use permit will not be granted until the last two items are removed.  Upon the completion of the car wash project the remaining trailers and construction materials used during the construction phase will also be removed.


Sheriff’s Report: Sheriff Dan Bean gave report for July with comparison remarks for July of 2009 and included report for 4th of July on Torch Lake.


Planning Commission: Nothing to report.


Ambulance authority:  Rick Teague updated that the ambulance authority was soliciting bids for the renovation of the old Mancelona fire hall.


Old business: Gurr brought to the attention of the board the need for clarification of campaigning on township property.  Discussion followed with recommendation for the planning commission to develop an ordinance regarding campaigning and the use of campaign signs on township property.  The consensus was that the wording within the zoning ordinance was adequate for the signage.


New Business: Scott Jozwiak representing Jozwiak Consulting informed the board that all of the requirements/conditions of approval requested by the planning commission and township board had been completed on the revised site plans.  These revised site plans were accepted by the board with a request from Teague that a summary of the changes of these accepted site plans be sent to the township board.


Gary Ford representing Alden Enterprises LLC provided the board with four site work estimates (outside improvements) that ranged from $31,750.00 to $100,750.00 (see attachment).  These estimates could be used in determining the amount for the performance guarantee. These estimates reflect the costs for the improvements to complete the project as well as restoring the site to grass in the eventuality that the project cannot be completed.  Ford recommended the 4th estimate in the amount of $35,950.00.  Ford reported for Pixley that if the car wash project was at least half completed, that, that would represent a reasonable amount for the performance guarantee in the amount of $50,000.00 to return the site to grass.  Peterson made the motion that the performance guarantee be in the amount of $100,750.00 (* site work estimate #1) in the form of an irrevocable letter of credit. There was no second to this motion.  Further discussion followed and Rice made the motion for a surety bond in the amount of $50,000.00, with the issued permit by G. Molby Z-A, contingent upon meeting all requirements set forth by the Township board.  Support for this motion from Wagner.  Board voted with 4 ayes and one nay (Peterson).  (* see attached).

Additional Comment: Clarification of travel expenses was discussed.  Motion by Rice that only travel exceeding the officers’ $100.00 monthly expense check would be reimbursed, and receipts would be required.  Support by Wagner.  Motion passed.


Peterson handed out to the board a letter addressed to the board and the voters of Helena Township.  “For the record, I received a nominating petition and affidavit of identity for a candidate wanting to run for the clerk’s position to fulfill the term of office on May 13th, 2010.  The deadline for filing was May 11th, 2010.  The petition was notarized in the County Clerk’s office by Ashley Eggleston on May 7th, 2010.  According to Michigan election laws, the affidavit must be filed with the Township Clerk by the deadline date.  I immediately contacted Ashley Eggleston and was informed the name would not and could not be placed on the ballet because it had not met the requirements of Michigan election laws.  Filing with the County Clerk does not fulfill the requirements of the law.”


Announcements: None

Motion to pay bills by Wagner, support Rice, and motion passed.


Meeting adjourned at 9:12 PM.


Respectfully submitted, Helena Township Clerk


David G. Peterson Jr.