Regular Council Meeting Minutes - Thursday, January 10, 2008

Meeting called to order by President Jerry Rank at 6:58 PM

Roll Call: Jim Baltazar, Patty Cantrell, Pat Elliott, Jim Kilgus, Gary Pallin, Jerry Rank, Gary Siderman, Superintendent Brian Moore, Treasurer Dawn Olney, Clerk Laurie Spencer, ZA Charles Kinzel

Pledge of Allegiance voiced by all.

Guests: 11

Additions to the agenda:

Under new business: Update on David Egeler and Jeremiah Nerg

No conflict of interest voiced by any council members.

Approval of meeting minutes for December 6, 2007 - Motion by Cantrell, support by Baltazar - All Ayes - MOTION CARRIED

Approval of budget meeting minutes for December 6, 2007 - review of budget - noted two accounts had been omitted in accounting, audit and bookkeeping services which equated to approximately $9000.00. Will use the 2% increase in assessment fees to cover the difference - books will balance.

Motion by Elliott to amend budget by 2% assessment fees - balancing the budget for 2008, support by Baltazar - Roll Call: AYES: Baltazar, Siderman, Elliott, Kilgus, Pallin, Rank, Cantrell - NAYES - NONE - MOTION CARRIED

Approval of December/January bills - Elliott expressed concern of audit fees, will check into the possibility of new auditors. Motion by Cantrell, support by Kilgus to approve bills - Roll Call: AYES: Elliott, Cantrell, Pallin, Rank, Kilgus, Baltazar, Siderman, - NAYES - NONE - MOTION CARRIED

No public comment on agenda items.

Communication to Council:

Vicki Carpenter passed out current newsletter - please inform what is wanted to be included in the newsletter. Thanks to Phil and Vicki for their work - all feedback has been positive.

Shawn Worden - pending legal litigation, requests council to into closed session - motion by Baltazar, support by Elliott - Roll Call: AYES: Pallin, Rank, Kilgus, Baltazar, Siderman, Elliott, Cantrell - NAYES - NONE - MOTION CARRIED

Closed session meeting 7:15 PM

Regular council meeting re-opened at 7:45 PM

Roll Call: Baltazar, Cantrell, Elliott, Kilgus, Pallin, Rank, Siderman, Moore, Olney, Spencer, Kinzel

Shawn Worden states the Village has two options on sign for Kirk Lorenz based on Judge Batzar's ruling -

1.) issue a permit for the sign or 2.) grant a variance for the sign - the Council to discuss whether sign permit or variance is appropriate.

It is the suggestion of the attorney for the Village that a variance should be granted with the following conditions:

a. Kirk's Lorenz's previously purchased and displayed lighted sign may be placed on the Brookside Inn property located at 115 N. Michigan Ave. , which is the property where the Brookside Inn is physically located, not the 93 N. Michigan Ave. address ;

b. The sign may be placed at the 115 N. Michigan Ave. address upon or in close proximity to existing steel sign pole (s) containing the existing Brookside Inn sign and located at the 115 N. Michigan Ave. address;

c. Kirk Lorenz will be excused from complying with the 100 square foot limitation on a businesses' signs' total area, however, the total allowable area of all of the Brookside Inn's signs ' shall be no more than 117.58 square feet (32 square feet of existing sign plus 85.58 square feet of lighted sign) ;

d. The lighted sign allowed under this variance is defined as an "on-premises sign" under the Village of Beulah Zoning Ordinance. Such a signs content is limited to advertisement of only "goods, services, facilities, events or attractions on the premises where located or identifies the owner or occupant or directs traffic on the premises. ";

e. The lighted sign allowed under this variance shall be of constant intensity and color and the lighted display may change no more often than once every five seconds.

Discussion ensued by Council. The placement of the sign is based on the original temporary permit location of 115 N. Michigan Ave.

Motion by Cantrell to issue a variance with the described conditions based on Shawn Worden's recommendations, support by Kilgus - Roll Call: AYES: Siderman, Elliott, Cantrell, Pallin, Rank, Kilgus, Baltazar - NAYES - NONE - MOTION CARRIED

Treasurer Olney - water bills will be mailed this weekend for this quarter. Review treasurers report - motion by Baltazar, support by Siderman to approve treasurers report - Roll Call: AYES: Cantrell, Pallin, Rank, Kilgus, Baltazar, Siderman, Elliott - NAYES - NONE - MOTION CARRIED

ZA Kinzel - Copy of seminar information given to council - 1.0 Zoning Board/Appeals and 2) Planning - need for someone on Council to be familiar. Update of Master Plan; the Zoning Ordinance and Master Plan have to coincide to be valid. Elliott will attempt to attend both seminars. Kinzel will be leaving 1/29 for Florida, he will continue to cover zoning issues while away.

Water/Sewer - Chairman Kilgus: Gauge for the water tower that indicates level of water went out. It is critical to know levels. It was necessary to exceed $2500.00 discretionary spending amount - the part cost $3000.00. Rank, Kilgus, and Elliott agreed that it was necessary to proceed and replace the part. It has been repaired. Motion by Kilgus to continue $2500.00 discretionary spending per chair, include a $4500.00 emergency amount - based on the approval of the President or Pro-Tem, support by Siderman - Roll Call: AYES: Rank, Cantrell, Baltazar, Elliott, Siderman, Kilgus, Pallin - NAYES - NONE - MOTION CARRIED

Law/Finance - Chairman Elliott: no report

Building/Grounds - Chairman Siderman: Bonney Bros. removed sediment from the settling basin - cost $23,529.00 - this is to be split with Benzonia Township. Also there was a $55.00 permit fee, this will also be split with Benzonia. Next summer the basin will be dredged - Siderman will meet with Mr. Sheets (Benzonia) to discuss dredge and prepare to send out bids.

Parks/Rec - Chairperson Cantrell: Committee has been form for Brainstorm - to receive public input to help define future improvements in the Village - meeting dates are in the newsletter. Will set up similar setting for summer residents - info and input will be posted to the web site. Trailer Park Lots - 22 fit into the legal parameters. Promotion and advertising will be done for the trailer park. Fees remain the same as 2007 - dropping the $500.00 extension fee for summer campers - shoulder season rates apply to all.

Motion by Elliott, support by Baltazar to approve 2008 Trailer Park and Boat Dock Rules - Roll Call: AYES: Baltazar, Siderman, Elliott, Kilgus, Pallin, Rank, Cantrell - NAYES - NONE - MOTION CARRIED

Equipment - Chairman Pallin: A few equipment issues this month - new battery for the loader and O rings for the truck. Good equipment month.

Streets/Sidewalks - Chairman Baltazar: Christmas decorations and lights will remain up thru Winterfest.

Superintendent Moore - Thanks to all the residents and Council for their help/support of Dave Egeler and family.

New Business:

CLCA requesting use of the Park, tables, and barricades for Winterfest - copy of request to Brian. Permit for fireworks received - Cantrell will check with them for insurance.

Sheriff request $300.00 contribution for snowmobile Safety Program - Motion by Cantrell, support by Baltazar to donate $300.00 - Roll Call: AYES: Elliott, Cantrell, Pallin, Rank, Kilgus, Baltazar, Siderman - NAYES - NONE - MOTION CARRIED

There was a vehicular accident with tractor and car - no fault - no citation issued - turned over to Village insurance co., they offered $500.00 - not acceptable to Bakers - filed a law suit.

David Egeler on short term disability. Jeremiah Nerg has been placed on full time status with benefits till Dave returns - Nerg to sign letter to that effect. Nerg has also received his CDL.

Tape retention schedule - Motion by Siderman, support by Elliott to keep tapes for 1 year (12 month roll) then destroy - all previous tapes to be destroyed - All Ayes - MOTION CARRIED

Public Input:

Phil Downs questioned whether transcription of tapes was word for word - no - summation.

Dawn Olney stated that the minutes are motions of the board that are to be recorded.

Bob Kaughman - Mr. Lorenz's attorney stated that Lorenz's silence does not constitute assent to the Village ruling.

Kirk Lorenz stated that we should keep the tapes a longer period of time.

Benzie Central High School government class - each semester required to do eleven hours of community/government service. Gary Siderman started program when he taught government at the high school.

Meeting adjourned at 9:02 PM

Respectfully submitted,

Laura Spencer, Clerk

Subject to approval at February 7, 2008 Council Meeting

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