Beulah Michigan, Northern Michigan's Water Playground

Minutes of Regular Meeting of Thursday, October 5, 2006 - 7:00 PM

Regular council meeting called to order by President Baltazar

Roll Call: President Baltazar, Trustee Rank, Elliott, Belanger, Siderman, Kilgus, Pallin, ZA Kinzel, Clerk Hansen, Treasurer Olney and Superintendent Moore.

Guests: Ten

Pledge of Allegiance was voiced by all in attendance.

No conflict of interest reported by any council member.

Motion by Siderman, support Belanger to approve the Agenda as presented with the additions of a thank you letter from David Egeler and letter from Beverly Toomey. All Ayes. Motion Carried.

Motion by Rank, support Belanger to approve the minutes of the regular council meeting of Thursday, September 7, 2006 as presented. RC Vote All Ayes. Motion Carried.

Motion by Belanger, support Rank to approve the bills for the month of September, 2006 and October, 2006 as presented. RC Vote All Ayes. Motion Carried.

No public comments on Agenda items only.

COMMUNICATION TO COUNCIL: Kirk Lorenz: Commented on present Zoning Ordinance. No change in 26 years regarding sign ordinance. No mention of electronic signs - only painted signs. Lorenz presented a sample ordinance for Variable Electronic Message Signage. Ask the Council to please consider. Lorenz presented a copy of 43 signatures (most signatures are in business in Village of Beulah but not voters) but noted $206,320.00 being paid in property taxes by the business people. Council asked to indicate on form as to the information the individually will be signing when and if another petition is presented to the Village of Beulah Council. No action taken on Lorenz's request at this time.

(Copy attached regarding sample ordinance for Variable Electronic Message Signage presented by Lorenz)

CLC/BA: Motion by Rank, support Siderman to donate $50.00 for Halloween Maze to be held in Village of Beulah Park. RC Vote All Ayes. Motion Carried.

Motion by Belanger, support Rank to present resolution for Street Administrator for the Village of Beulah until November 7, 2006 election naming Trustee Kilgus as Street Administrator until this date. RC Vote All Ayes. Motion Carried.

Gear-It-Up: President Baltazar took care of the request by Lewis Geer.

Daugherty vs. Village of Beulah: Mr. John Racine, Jr. Has been selected as the Mediator in this Benzie County Circuit Court Case #05-7454 CH . Racine would like dates in October, 2006 and January, 2007 that trustees will be attending meetings. Racine also noted a copy of his Standard Mediation Ground Rules. Attending will be President Baltazar, Trustee Rank and Zoning Administrator Kinzel. This is in regards to easement behind Daugherty's building.

Lorenz (Brookside Sign):

Attorney Bob Kaufman's motion for Reconsideration and/or New Trial. Lorenz is requesting that the Court grant a new trial on Lorenz's sign issue or grant Lorenz the certain relief that would allow him to keep his sign up. A hearing on this motion is scheduled for October 16, 2006 at 10:00 A.M. Attorney Worden stated Village of Beulah would not object to the fact that Judge Danielson entered a civil judgment in a criminal case if Lorenz would agree to the entry of a Judgment requiring the removal of his sign. Attorney Worden as of this date has not heard from Attorney Kaufman

COMMITTEE REPORTS: Treasurer Olney: Motion by Rank, support Belanger to approve the Treasurer's report dated September 30, 2006 as presented. All Ayes. Motion Carried.

Five 2006 Delinquent Personal Property in the amount of $507.47. Treasurer will continue to collect.

ZA Kinzel: Kinzel reported he has issued /sent five letters to residents of the Village of Beulah regarding Blight Ordinance. Three letters sent to Jonathon Clark regarding shed (no roof - complaints from Condo's residents) but received no response from Clark. I am asking the Council Members to drive down alley and view the shed - or whatever the building is.

Received a Certificate of Survey from Library Board. A variance meeting will be held November 9, 2006 as the set-back has to be 75 feet from cold creek and the plans indicate it closer than requirement. Letters to property owners within 300 feet and delivered notices posted on each building/residence (door) notifying of Variance Meeting by Zoning Administrator. This last notice posting on each door is a new zoning law.

Notice also to be published in newspaper.

Variance fee for Library to discussed at the November 7, 2006 meeting. ZA asked if fee could be withheld. No decision at this time.

Lease agreement between Village of Beulah and Beulah Library regarding new Library to be completed within the next week or so

Rank, Baltazar and ZA Kinzel met with Supervisor Sheets and Assessor Esch. Esch is working on present Sales and Building Permits. Rank, Baltazar and ZA Kinzel mentioned 19 listed properties that have not been adjusted properly in previous years. As Esch has a heavy work load at present time, will wait for Supervisor Sheets report before any action will be taken.

Rank: Water/Sewer Chairman: Rank reported a bubble in one of the ponds. An estimate cost of $4,880.00 from Geomembrane, Kewadin, MI Motion by Rank, support Siderman to waive putting out for bid as Geomembrane is working in Honor and can install 180' of 1.5' black PVC water pipe, one pipe boot and riser pipe, weights to hold PVC pipe from floating, and bury line under drive (approximately 2 feet down) for $4,880.00 RC Vote All Ayes Motion Carried. Supervisor Moore will have the pond drained.

Siderman: Law/Finance Chairman: Trustee Siderman would like a work meeting for 2007 Budget, Trustee Rank, Siderman, President Baltazar, Clerk Hansen and Treasurer Olney to attend Monday, October 23, 2006 at 9:00 A.M. at Village Building. All involved agreed to time and date.

Belanger: Halls/Grounds Chairman: Ask Supervisor Moore if a place available to store flower boxes after October 31 st . Moore stated as long as they do not have to be in a heated building, they can be stored in the irrigation building.

Concerns regarding security at Welcome Center Building. Would like to put in security cameras. Baltazar asked Rotary Club to purchase cameras but declined to buy them. Council is working on a solution. The cost for security cameras would be $1,250.00.

Week-end hours for building will be Friday, Saturday, Sunday 8AM to 4PM

Elliott: Parks/Recreation Chairman: Reported Trailer Park winterized; Bath house closed; Ice machine disconnected; water softener to be drained; freezer emptied of fish innards. Trailer park tables to be stored

Concerned over parking situation. Elliott is going to review the Park Ordinance and make suggestions to revise the Ordinance and bring comments to council.

Permission granted for cornstalks to be taken out to brush pile at sewer ponds.

Motion by Elliott, support Belanger to purchase Christmas decorations and not to exceed $5,000.00.

Decorations will be a 5 foot snowflake with 44 lights. 15 snowflakes will be ordered. RC Vote All Ayes. Motion Carried.

Superintendent Moore: In regards to Parking Ordinance, I was just following ordinance. Aslo picking up articles left on public beach by the Village Council. Remove buoy's on Friday.

Flush water mains on October 19 - 20, 2006 Notice to be included with water bill, notice to WBNZ and also notify all businesses. We have 30 meters left to read.

Complaint regarding FISH SMELL on Center Street. By a Village resident as he walking by.

As it is only an easement for water/sewer lines the Village of Beulah will not put any gravel on the two track driveway.

Sand to be purchased at the same price as last year.

Question regarding one-half lunch hour instead of the one hour lunch and payroll every week instead of every two weeks. As the President if overseer of the maintenance department, the decision is to be made by the President.

Baltazar asked to check trees that are either on Village of Beulah property or private property on Center Street. If on private property, homeowner is responsible not the Village of Beulah. Some of the limbs look like the limbs interfere with electric lines.

Correspondence: If rains on October 12, 2006 (ground breaking for new Library) ask to use the Village of Beulah meeting room. Permission granted.

Thank you from David Egeler for 50 gallon trash bags and village dumpster for trash taken from cold creek on Saturday, October 28 th .

Library: October 12, 2006 5:30 P.M. Ground Breaking Ceremony for the Darcey Memorial Beulah Library. Construction contract signed by John Darrien

Public Input: Concerned regarding parking on Lake Street. Mentioned by council no cooperation on parking on Lake Street. Home owners placed railroad ties, old trailers with no license plates so no one could park in front of their homes.

Olney stated no money should be spent up front for the Assessor of Benzonia Township, as that is her job to assess all property in Township. Rank stated if and when she does get caught up, the price would be $15.00 for resident and $20.00 for business which I think is reasonable.

Phil Downs would like to thank the maintenance department for the work they do - well done.

Trustee Kilgus stated 'NO PARKING TRAILERS' sign is needed for both sides of road.

Motion by Belanger, support Rank to adjourn this meeting at 8:50 PM All Ayes. Motion Carried.

NEXT REGULAR COUNCIL MEETING Thursday, NOVEMBER, 9, 2006

Respectfully submitted,

Maxine Hansen

Clerk