Bear Creek Township December 7, 2016 Called to order at 7:00 p.m. Roll Call: Keiser, Hoffman, Nowland, Golding and Mays Pledge Approval of Minutes: Keiser reported that we have minutes from a special meeting on November 2 and our regular meeting of November 2, 2016. Motion by Hoffman and seconded by Nowland we accept both sets of minutes.. Requests from the floor: Bob Verschaeve, Gosling Czubak was present to thank us for our business and Keiser stated that it is great working with them also. Mr. Verschaeve reported that the SAW Grant for our sewer lines will be complete in a couple of weeks. Roads: Keiser stated that he just received the Paser report on our roads and made a copy for each board member to review. Will want to go over it prior to our meeting with the Road Commission in January. Also this year we will be getting a $10,790 allocation from the Road Commission. We have the option to forego the allocation for equivalent work on the primary road system. This year's allocation was based on 4% of the previous year Michigan Transportation Fund revenues. Our annual meeting with the Road Commission is Tuesday, January 24 at 6:00 p.m. During the Planning Commission meeting, there was a petition received that was to do with this Board and not them. It is regarding a traffic and speed study on Old Tannery Creek Rd. Keiser has put in a formal request to the Road Commission to proceed with this and to give us a written report as to the results. It is already posted 25 mph area and that won't change. They will do a 48 hr. traffic count on each leg of the road. Library Report: Mays reported that the meeting was November 22, 2016. All members present except for Sue Fantini. Approved the minutes of Sept. 22 and the bills for Sept. and Oct. Friends of the Library reported that their annual book give away will be Dec. 2 as part of the Candy Cane Village. Director submitted her report and added that the New Years Eve planning is going well with the building being open for activities again this year. They charge $5 for a button for the event and the money goes towards the musicians. Last year they sold $600 worth of buttons. Dec. 2 will be an open house for the Library. The lower level transition is about 95% complete with just signage to complete and will have a grand opening on Jan. 25 for the Teen Area. Reviewed the Treasurer's report for October. Ann Ingles reported that the FOTL feel there should be a memorandum of understanding between the Library and the Friends. Board discussed and Val will work with Mary from the Friends to develop something. Library will be closed on April 6, 2017 and February 1, 2018 for in-service days. Approved next year's board meeting dates. Discussed the officer appointments. Christine, John and Sue are up for reappointment by the end of Jan. Director's contract was discussed and so far there has not been a contract and is one needed. Feel Val should be an employee of the Library Board. Eliminating the overdue fines and feel it is a good PR move and will update the policy. Budget and Service discussion on the new money that will be coming in due to adding the two new townships. Elimination of the fines will take some of the money, looking at new programming at night and hours are being looked at. With no further business the meeting was adjourned at 6:30 p.m. Election Recount Update: Mays attended a meeting in regards to this just prior to this meeting. The meeting was to train the volunteers who will be doing the recount on Saturday. There is still an appeal out there to eliminate the recount, so will wait and see what happens. 2017 Meeting Schedule: Reviewed the schedule and the only questionable date was July 5. All the Board members felt it should be okay. Motion by Mays and seconded by Hoffman we adopt the 2017 meeting schedule and get it posted by the end of the year. Committee Appointments: Keiser presented the list of Committee appointments that were up for reappointment: Board of Review: Jerry Houts, Mark Hramiec and Brad Meyer. Parks and Rec: David Farris and Dan Goldsmith. Planning Commission: Mitch Brown and Fred Fry. SBCSDA: Anita Stringer and Steven Jones. Keiser has spoken to all of them and they are willing to remain in this position and he recommends to the board to reappoint.
Page -2- Motion by Mays and seconded by Hoffman we approve the recommendation and reappoint these members again to their committees. Board Appointments: Keiser reported on the following board appointments to committees: Fire Board: Dennis Keiser and Joe Hoffman. HSA Sewage Disp. Auth.: Dennis Keiser. HSA Airport Authority: Dennis Keiser. Library Committee: Judy Mays, Joe Hoffman Alternate. Local Revenue Sharing Board: Dennis Keiser. Parks & Recreation: Don Nowland. All board members willing to stay as is. Motion by Mays and seconded by Hoffman we continue to serve on the respective boards as we have been. 2017 Budget Dates: Keiser reported that we need to set up a date to start working on next year's budget. We set the date of Wednesday, Jan. 11, 2017 at 7:00 p.m. Hoffman asked that a reminder be sent via e-mail for this meeting and the Emmet County MTA meeting. Commissioners Report: Notestine reported that the new EMS building was hoping to get enclosed by the middle of December, but could depend on the weather. The Road Commission has purchased two new trucks and they are more state of the art and much bigger. They are working on the budget for the County and should be good. We are one of the top Counties in the State. He is concerned with some of the things the State Legislature is doing and where the money is going. They are looking at passenger rails to Northern Michigan, but only in the discussion stage. He appreciated working with us over the years. Keiser stated that we as a board appreciate the meetings he has attended and the information he brought forward. Request from the Floor: None Planning/Zoning Report: Mays reported that the meeting was Nov. 30, 2016. All members present except for Haven & Coveyou. Staff: Doernenburg. Approved the minutes from the last regular meeting of Oct. 26, 2016. Case#PSUP16-010: STD Holdings LLC, Special Use Permit & Site Plan Review - Drive-up/retail at 1099 N. US 31 Hwy., Section 33, BCT. This is the location of Alan's Northside Restaurant and Little Caesar's is looking at purchasing and having a restaurant and drive-thru window. There would be no speaker proposed for the drive-thru window. There will be an addition of 13'6"x4' along the west side of the building to allow for the drive-thru. They will be changing the roof to eliminate the peak that is there now and making it one level that is 18'8" in height. They are one short for parking spaces, but have enough room to add it. The stacking area for the window meets the standard. They have met the dumpster screening and the screening along the back side of the property. Received petitions of opposition to the drive-thru window and one on traffic that cannot be part of this case. Another letter received that day from a neighbor who was requesting that the same type of screening be used on this property along Old Tannery Creek as was used at Blarney Castle. A lot of discussion was done on the different options regarding the two drives in the front of the building off the highway and whether it should be one. The group were in favor of keeping the rear exit onto Kent St. The Rd. Commission wants to pave and curb this exit and it was discussed to pave the entire back portion to allow for more parking and take some of the parking from the front. The case was postponed to allow the applicant time to seek a variance from the ZBA for the standards of a Special Land Use for a drive-thru restaurant #26.14.2.A, revise the site plan for parking in the back and change the parking from the front, screening and 6' wood fence in the back, possible drainage plan could be made upon approval of the site plan, and applicant to speak with staff, Road Commission and MDOT on access issues. Scheel reported on the education classes the new commissioners are attending and the specific one Doernenburg gave and thanked her for everything she did.
Page -3- Reviewed the Enforcement Report and most items have been resolved. Received a new complaint at Enterprise Car Rental and she will contact them. Approved next year's meeting dates. Meeting was adjourned at 9:15p.m. Keiser reported that the above case will not be coming back to the Township because the County Planning Commission recommended that they give it to the ZBA with their support and a special meeting was called for Dec. 28 to clear up any cases before the new commissioners took office. Keiser went over the issue of the drive and it was decided that it flows better with the existing two drives. They are moving parking spaces from the front and will be doing the screening in the back with the fence and shrubbery. They are trying to get a waiver from the Road Commission to not pave the back drive onto Kent St. Notestine reported that the drain issue that came up does not show that it is going into a storm drain but into a cistern. The Road Commission will look into whether this may be plugged. Keiser feels it is a 40 year old building that will be upgraded. Traffic is bad in this area but it is going from a restaurant to a restaurant. They are recommending to the ZBA that the variance to section 26.14.2.A be granted to allow the existing driveway to remain within 60 ft. of the intersecting street and the case move forward with two driveway curb cuts onto US 31 based on the fact that the use has been there for over 40 years with the current configuration therefore less confusion would occur, the site plan will be altered to make the existing drives safer, and because the speed limit in that area is 35mph. Hoffman asked what percentage of the business is the drive-thru. Doug Knolls, Real Estate One, who is handling the sale stated that 80% of the business is the drive-thru and pick up. Notestine stated that it needs to be remembered that this use does pass on with the land and it might not be a pizza place the next time. Motion by Nowland and seconded by Hoffman we recommend to the ZBA to approve the variance to section 26.14.2.A to allow the existing driveway to remain within 60' of the intersecting street and the case move forward with two driveway curb cuts onto US-31 based on the fact that the use has been there for over 40 years with the current configuration therefore less confusion would occur, the site plan will be altered to make the existing drives safer, and because the speed limit in that area is 35mph. Keiser brought up the draft changes to Section 26.32 Accessory Uses in FF-1 or FF-2 which could affect someone's neighborhood. After reviewing, if you have any concerns or comments, let Tammy Doernenburg know or attend one of their meetings. Fire Dept.: Chief Welsheimer reported on the following training: Extraction on a roll over and equipment inventory. Had 11 EMS calls and 33 Fire calls. As their public events they did the Wal-mart re-grand opening. In the process of doing the shopping with the kids again and will have a full report next month. Parks & Rec.: Nowland stated that they did have a couple of meetings and it was decided that we would scale back on the plan for Swan Cove at Spring Lake Park and do what we can in phases. Looking at putting the shower in at Jones Landing. Many dead trees that need to be taken care of and believe a quote is coming that will be discussed later. The swing set is due to go to Traverse City for being power coated. At the Atkins property would like to redefine the parking area and create paths for walking, etc. Would like to find a Boy Scout group that might be interested in assisting in this project. Keiser presented the bid from Jim Hoffman in the amount of $3,550 to take out 18 dead ash trees, one large birch and the walnut tree. Would like to get this done before it freezes. Motion by Mays and seconded by Nowland we accept the estimate from Hoffman's to take out the proposed trees.
Page -4- Correspondence: --Received a letter regarding renewing our three-year contract with Rasmussen, Teller, O'Neil & Christman as our auditors. 2017 would be $14,500; 2018 would be $14,900 and 2019 would be $15,300. Motion by Mays and seconded by Hoffman we accept the contract with our auditors. --Received a letter from Little Traverse Conservancy in regards to monitoring our Atkins Rd. property --Wallooner newsletter --Township Focus magazine and had a good article on medical marijuana --Charter doing some line-up changes --Emmet County MTA meeting will be Jan. 18 at 7:00 p.m. at the Littlefield Township hall. This will be our meeting with the Road Commission. --Received the 2016 Hazard Mitigation Plan for the tri-counties. There is a Resolution to be adopted so that we are part of the tri-county program which is updated from being just the one County. Motion by Mays and seconded by Nowland we adopt the 2016 Hazard Mitigation Plan which has been approved by FEMA. Roll Call Vote: Yes: Keiser, Hoffman, Nowland, Golding and Mays No: 0 Motion Carried Clerk's Business: Mays reported that she has bills in the amount of $83,097.50 from Nov. 3-30, 2016 and in the amount of $25,658.18 from Dec. 1-7, 2016. Motion by Mays and seconded by Golding we pay both sets of bills. Mays also reported that she ran a report on account balances compared to the budget and has found some to be over. Need to bring these overages on line items into balance. The bottom line is not over budget. Motion by Mays and seconded by Golding we approve the following changes to line items in the budget. Take $3,820 from Misc. Budget Approved and put $3,000 into Deputy Clerk; put $170 in Payroll Taxes for Election; put $150 for Payroll Taxes for Other Wages and put $500 in Other Wages. Take $1,210 from General Equipment and put $400 into Assessor Equipment; put $130 into township hall equipment; and put $680 into Building Fund equipment. Take $8,000 from Building Improvements and put $4,000 into Spring Lake Park Exp., put $2,500 into General Rep. & Maint. and put $1,500 into Building Fund Rep. & Maint. Take $402 from General WC/Liability Ins. and put $402 into Building WC/Liability Ins. Take $800 from Road Improvements and put the $800 into Road Repairs. Take $100 from General Mileage and put the $100 into BOE Mileage. Treasurer's Report: Golding passed out the account balances as of Oct. 31, 2016. Tax notices went out Nov. 30. Building Dept. Report: Golding passed out reports on the permit summary. Sewer Report: Mays reported on the following bills for Nov., 2016: Bear Creek Twp.--$202.73; Bendzinski & Co.--$1,000; Gosling Czubak--$660; St. Francis CU--$250,000; BS&A Software--$440; Joel Wurster--$528; SBCSDA--$56,432.58; RRR Fund--$5,430 totaling $314,693.31. Motion by Mays and seconded by Golding we approve the bills. Motion by Mays and seconded by Nowland we go into closed session at 8:25 p.m. for the purpose of considering of real property. Roll Call Vote: Yes: Hoffman, Nowland, Golding, Mays and Keiser No: 0 Motion Carried Returned from Closed Session at 8:50 p.m. Motion by Mays and seconded by Hoffman that we authorize expenses of up to $1,000 for the purpose of obtaining valuation information concerning a potential land acquisition within the township.
Page -5- With no further business the meeting was adjourned at 8:55 p.m. Respectfully submitted: Judy Mays Clerk