BINGHAM TOWNSHIP REGULAR BOARD MEETING MINUTES SEPTEMBER 18, 2017 1. CALL MEETING TO ORDER Supervisor Werner called the Bingham Township Regular Board Meeting to order on Monday, September 18, 2017, at 7:00 p.m. at the Bingham Township Hall, 7171 Center Hwy., Traverse City, MI. 2. ROLL CALL- QUORUM PRESENT Present: Midge Werner, Kathy Morio, Sandra Grant, Gary McGhee, Brad Saxton Absent and excused: None Staff Present: Recording Secretary, Marge Johnson; Zoning Admin, Steve Patmore; Guests Present: 2 3. PLEDGE OF ALLEGIANCE 4. AGENDA APPROVAL Midge Werner/moved, Brad Saxton/supported, to approve the agenda as amended, adding C. under Old Business, Revised Resolution for K & K Farms; and under New Business, Resolution Honoring Gary C. Leighton for his years of dedicated service on the Suttons-Bay Bingham Fire & Rescue Authority, PASSED. 5. CONFLICT OF INTEREST None stated. 6. APPROVAL OF MEETING MINUTES - AUGUST 21, 2017 Midge Werner/moved, Gary McGhee/supported, to approve the August 21, 2017 Minutes as corrected, page 3, K & K Farms is on M-22 at Lee Point Road, PASSED 7. PUBLIC COMMENT None 8. OLD BUSINESS a. Charter Franchise Agreement Midge Werner said a copy of the Charter Franchise Agreement was sent to all Board members for their review. There are 740 subscribers to Charter in Bingham Township. The township has the opportunity to collect up to 5% of a subscriber s cable bill. No franchise fees or peg fees will be collected. The Agreement, when approved by the Township Board will be for ten (10) years. The township board may consider having the township attorney review the Agreement before it is approved. 1
Sandra Grant/moved, Midge Werner/supported, to enter into a Franchise Agreement with Charter Communications for a ten-year period, with no franchise fees or peg fees being collected by the township. Roll call vote: Yes: Brad Saxton, Kathy Morio, Midge Werner, Sandra Grant, Gary McGhee. No: None. PASSED. b. Junk/Blight Complaint Policy Procedures The proposed Junk/Blight Complaint Policy Procedure was reviewed by the Board. Discussion Gary McGhee referred to Attorney Tom Grier s letter regarding a Junk/Blight Policy and Procedure and said it is important to follow Mr. Grier s recommendation to adopt a junk ordinance. Gary McGee said there are 4-5 major junk yards in the township. Gary McGhee said in July of 2016 the Township Attorney drafted a Junk and Inoperable Vehicles Ordinance and asked if the Board wants to approve that ordinance. Brad Saxton said he agrees with Gary McGhee, and thinks the Township should have a junk ordinance. Kathy Morio asked if agricultural farms would be exempt from a junk ordinance. Gary McGhee said Farm Act exempts certain items from the junk ordinance. Steve Patmore said most junk ordinances exempt agricultural properties. Sandra Grant said she would like to know if the Township Attorney could draft a more extreme junk ordinance. The Supervisor and Zoning Administrator should not look at every complaint made about junk. Midge Werner said she doesn t feel comfortable having to determine if something is junk. Midge Werner referred to statements made by the township attorneys that if you are considering a policy or junk ordinance, adopt the junk ordinance because the policy cannot be enforced, or do not adopt a policy or junk ordinance at all. Midge Werner said her main concern about having a junk ordinance is potential fees the Township would incur for cleaning up junk. The township attorneys should be asked to attend a board meeting and discuss other avenues for dealing with junk. Gary McGhee/moved, Brad Saxton/supported, that the Township Board hold a public hearing on the proposed junk ordinance submitted to the Board by the Township Attorney at the next board meeting. Discussion Kathy Morio Concerned that a property owner couldn t afford to clean up his property, and that a lien could be put on the property. Midge Werner We need to take a look at the proposed junk ordinance again before holding a public hearing. Roll call vote: Yes: Brad Saxton, Kathy Morio, Sandra Grant, Gary McGhee No: Midge Werner. PASSED. 2
c. Resolution 01-180917, K & K Farms, L.L.C. Steve Patmore said on August 15, 2016 the Township Board adopted Resolution #02-081516 recommending that the Application of K & K Farms, L.L.C. be considered for approval by the Michigan Liquor Control Commission with the condition that any on-site tasting room or sales will require a Special Land Use Permit from the Bingham Township Planning Commission. Patmore said the Michigan Liquor Control Commission is requesting that the Resolution be prepared on the State form with the same condition. Sandra Grant/moved, Gary McGhee/supported, to adopt Resolution 01-180917, K & K Farms, L.L.C., prepared on a State of Michigan form, that the Application of K & K Farms, L.L.C. be recommended for consideration for approval by the Michigan Liquor Control Commission with the condition that any on-site tasting room or sales will require a Special Land Use Permit from the Bingham Township Planning Commission. Roll call vote: Yes: Brad Saxton, Kathy Morio, Sandra Grant, Gary McGhee, Midge Werner. No: None. PASSED. 9. NEW BUSINESS a. Cherryland Electric Franchise Agreement - Resolution 02-180917 Midge Werner introduced Tammy Squires of Cherryland Electric who is present to answer questions the Board has about the Cherryland Electric Franchise Agreement. Under the Agreement, Cherryland Electric Cooperative is granted the rights and power to a non-exclusive public utility franchise for a period not to exceed 10 years from the time Bingham Township approves the Agreement, to use the highways, string wires, lay pipes or conduits, and such other apparatus in the Township for such purposes, and to operate and maintain the same, the right to transact a local electric utility business, including the production, transmission, distribution and sale of electric energy, for public and private use. Ms. Squires answered questions about the conditions stated in the Agreement. Discussion Midge Werner referred to Recitals in the Agreement and asked about other public places such as parks. Tammy Squires said she doesn t know if it would open all township land. She said Cherryland sends tree trimming notification when it does a project in the township, to all residents along the area where trees will be trimmed. Gary McGhee/moved, Brad Saxton/supported, to adopt Resolution 02-180917, approving a Franchise Agreement with Cherryland Electric Cooperative for ten (10) years. Roll call vote: Yes: Brad Saxton, Kathy Morio, Midge Werner, Sandra Grant, Gary McGhee. No: None. PASSED 3
b. Resolution 03-180917 Honoring Gary C. Leighton for his years of dedicated service on the Suttons Bay-Bingham Fire & Rescue Authority Sandra Grant/moved, Midge Werner/supported, to adopt Resolution 03-180917, Honoring Gary C. Leighton for his years of dedicated service on the Suttons Bay-Bingham Fire & Rescue Authority. Roll call vote: Yes: Brad Saxton, Kathy Morio, Midge Werner, Sandra Grant, Gary McGhee. No: None. PASSED 10. COMMITTEE, STAFF, AND OFFICER REPORTS a. Parks and Recreation Committee Midge Werner said Brothers Tree Service removed trees at Boughey Park and did a good job. b. Buildings and Grounds Midge Werner said an e-mail was received from Lisa Ferguson, the daughter of Harry and Loretta Sanborn. She said the Sanborn family would like to install a flag pole at the township hall, and she will be working with the family on this project. Sandra Grant said some funds could be taken out of 245-245 for costs related to the flag pole. Consensus of the Board to allow Midge Werner to go ahead with the Sanborn flag pole project and spend up to $500.00 of township funds if needed. c. Cemetery Committee Midge Werner said trees have been pruned and seeding will be done this week at Bingham Cemetery. A workshop will be held next April to train people in the community to take care of cemetery headstones (cleaning and repair). McGhee said the cemetery maps need to be updated. Patmore said he and Morio will work on that. d. Zoning Administrator Steve Patmore submitted his Report for August 2017 which included land use permits issued, land divisions, and other work. The Leelanau Trail will be discussed at the November 2017 Planning Commission Meeting. The GTB project on Bingham Road is not a priority for the Tribe. e. Planning Commission Kathy Egan submitted the Planning Commission Report for August 2017. f. Fire Authority Fire Authority minutes are e-mailed to the Township Board. Retirement Party for Gary Leighton at the VI Grill, Saturday, September 30 th from 6 to 8 pm. g. Assessor s Quarterly Report No report 4
h. Trustees Gary McGhee said he attended the Road Commission Meeting. As of today, there is a lane closure on M-22. Also, County road 641 will be closed between Bingham road and Donner road at the same time. i. Treasurer Sandra Grant said the computers were down September 13 th. They were repaired but tied up phone lines in the process. Information for the Township Newsletter should be sent to Midge Werner by Nov. 10, 2017. j. Clerk Kathy Morio submitted the Vendor Balance of $ 8,478.32 and Payroll of $ 9,548.07 for approval. Sandra Grant/moved, Midge Werner/supported, to approve the Vendor Balance of $8,478.32 and Payroll of $9,548.07, PASSED. Midge Werner/moved, Sandra Grant/supported, to approve the Clerk, Kathy Morio, to attend the MTA Payroll Workshop at a cost of $111.00, PASSED. Township Audit Kathy Morio said she has an Agreement to be approved for Tobin & Co. to prepare the Township audit at cost of $4,475 plus $200 for out of pocket. Gary McGhee/moved, Kathy Morio/supported, to enter into an Agreement with Tobin & Co. to prepare the Township Audit for year ending July 2017, PASSED. k. Supervisor Midge Werner referred to the August 21, 2017 Board Minutes and said she was in contact with Julian Sanchez s parents and determined it was ok for Julian to place a geo cache at Boughey Park. Midge Werner said she called the Tart Trail Office about cars parking along the trail. She said the Sheriff s Department has been getting a lot of complaints about cars parking near the trails. Midge Werner said on the Vendor Bills is $111.00 for her to attend the MTA Rural Conference. 11. PUBLIC COMMENTS AND ANNOUNCEMENTS No public comments or announcements. 12. ADJOURNMENT Midge Werner adjourned the meeting at 8:26 pm Kathy Morio, Clerk Minutes by Marge Johnson, Recording Secretary 5
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