Aside from the issue of the Lake Improvement Board and a possible alternative to it, the Pleasanton Township Board addressed other topics.
After a motion and a second to add the 2012-2013 budget to the agenda (it didn't appear on the printed agenda), the board voted to pass it, 4-1, with Trustee Bob Babcock opposed. Babcock would not comment on the reasons for his vote, other than saying that he "had concerns about the budget." The budget showed a current fund balance of $133,180.56, with an expected $151,950 to come in over the coming year, mostly from local property tax revenue ($68,700), related fees ($16,000) and state revenue sharing monies ($57,000).
On the expense side, the budget allows for several dozen items, including up to $10,000 in professional services, $15,000 for township hall maintenance/repair, $10,000 for the road fund and $18,500 for garbage pickup. Salaries are also listed ($6,400 for the supervisor, $9,450 for the clerk and the treasurer each and $10,450 for the assessor). Wages include $3,000 for cemetery workers, $1,300 for board of review members, $1,200 for election workers, $2,500 for garbage attendants, $6,500 for the planning commission, $4,800 for the zoning administrator and $500 for the zoning board of appeals members. Per diem amounts for trustees totaled $1,800 for regular meetings and $500 for special meetings.
In her monthly report, Treasurer Judy Girven said "We're in better shape than we have been in a long time." Bills for the month were also paid.
After discussion of a noise ordinance that has been in consideration at various levels since 2003, the board agreed to look into the issue more. It appears that the noise ordinance may have been passed by the Pleasanton Planning Commission several years ago, but was not approved by the township board, which actually has the authority to do so. The Gander will have coverage of this issue in the near future.
There was brief discussion of whether to rename the township park the "Fred Alkire Memorial Park," but no action was taken.
There was also discussion about how to handle an upcoming burial at the township cemetery, whether the current sexton should be replaced with someone else. The board agreed to ask the current sexton if she wanted to continue in her position, and to retain a different person for two months while advertising the position.
The board also extended the commercial wind moratorium for another year, by a 4-1 vote, with Babcock voting against. Babcock later said that a moratorium, which temporarily stops any installations, requires that work continue on the writing of the wind ordinance. Babcock said "no significant work" has been done on the wind ordinance. Duke Energy has canceled its planned Gail Windpower Project a few months ago. It's unclear if other companies have an interest in continuing the project or developing a new one.
The board also addressed several items for its policies and procedures manual, relating to township hall rentals and computer passwords.
Bob Babcock reported that the planning commission was investigating additional rules for accessory buildings. Lake Improvement Board representative Jerry Stick reported that he would attend the following week's LIB meeting and forward copies of documents he receives. The meeting adjourned at 8:36pm.
Monday, May 14, 2012
Lake Improvement Board Renewal Questioned
Pleasanton Supervisor Tony Merrill wants more township control over the Lake Improvement Board (LIB) and is seeking to replace the current LIB with a new committee of his own design. At the Tuesday, April 10 meeting of the Township Board, Merrill introduced an 8-point resolution that would create a body with the same purpose as the LIB, but would operate under different rules. It's not clear if the resolution has the support of other board members, or if it would have any legal standing. The LIB operates under the authority of past actions taken by all three local governmental entities and the state of Michigan.
Over the past four years, the LIB has collected funds from lakeside property owners to treat the outbreak of the invasive Eurasian water milfoil discovered in Bear Lake in 2006. Under the resolution that formed it, the LIB also has the power to deal with other non-native invasive species, should they be found. The LIB's efforts have generally been viewed as successful in cutting down and controlling the Eurasian milfoil. Pleasanton and Bear Lake Townships, along with Bear Lake Village, agreed to create the LIB and held a joint meeting on March 6 in order to express viewpoints. Since then, the Village has approved a resolution expressing a desire to continue it. Bear Lake Township voted down a similar resolution, but may return to the issue before the August deadline.
At the Tuesday meeting, Pleasanton Township did not consider a resolution to continue the LIB, but by offering his counter-proposal, it was clear that Supervisor Merrill had reservations with the LIB's operations. Merrill began by stressing that his proposal was "just an idea," and said that he "just wanted to give a little more power to the township." He also said that a consultation with an attorney would be necessary. "They're [the LIB] doing a fine job. I just want more accountability," he said later.
"I have a problem with the whole law, with the whole premise," he said, in reference to the LIB's power to create a special assessment district and collect funds. His proposed committee would open membership to township officials, be subject to renewal every year and have a cap of $50,000 on the level of funding that it could retain.. "Currently, there's about $134,000 [in the LIB fund]," said Merrill. That's an extreme amount of money to be sitting in there. I don't understand why it's there. I don't think it needs to be."
Don Brisbin, chair of the LIB, requested and was given a few moments to respond to the various points of Merrill's proposal. Brisbin said that state law provided for renewal every 5 years and that current LIB rules already allow for representation from the two townships and the village. LIB members are appointed by each governmental entity and are not necessarily officials. He also said that the LIB's funds, estimated at about $142,000, were prudent. "That rainy day fund allows for immediate action in case something comes into the lake," said Brisbin. "Then we wouldn't have to go back to the taxpayers." He added that he'd like to maintain at least $100,000 in funding.
The other five points of Merrill's proposal included a requirement that LIB decisions be unanimous, that the LIB adopt bylaws, that LIB representatives report back to their village or township after each LIB meeting, that a yearly report be generated and provided to all of those assessed, and that, after receiving several bids, the lowest one submitted by a qualified firm should be accepted.
Brisbin responded that unanimous votes have indeed been obtained for expenditures, and said that the LIB's bylaws are contained within documents that outline the scope of the project. The two men disagreed on the powers of the LIB. "That board was set up for milfoil, not everything else," said Merrill. "It gives you power to do almost anything you want." Brisbin said that the board had powers to deal with "any and all invasive species." "We could have quaga mussels," he said. "We could get the asian carp. There's all kinds of things out there."
Trustee Bob Babcock and Treasurer Judy Girven expressed general support for the LIB. "There were some things I wasn't happy with, but whatever the small problems are, they can be corrected," said Babcock. "If you have problems, you should bring them up to the township board. I've heard nothing." Merrill responded, "It does no good to bring things up to you or the board." Girven said she had no problems with the LIB. Trustee Dave Ertel and Clerk Amy Cross did not comment.
Certain data, describing the location of milfoil infestations, may also be in contention. "All I've ever wanted are the GPS coordinates," said Merrill. "We don't know if [the milfoil] is regressing or not." Merrill contends that he asked for the data since taking office two and a half years ago. Bryan Harris, Pleasanton's LIB representative before Jerry Stick but after Jack Sawka, says he did request it on behalf of the township 3 or 4 times, during his April 2009-April 2011 tenure. During the meeting, Brisbin apologized for the delay, but noted that a copy of the GPS data was recently given to the township. Merrill could not be reached for additional comment.
The Township Board voted unanimously to have its attorney review Merrill's proposal and submit a written report.
When contacted at a later point, Brisbin declined further comment on Merrill's concerns, but did suggest that past GPS data may not present a current picture, as milfoil locations aren't static. "It plants itself," said Brisbin. "It will pop up in random spots that are 16 feet deep [or less]." Brisbin added that the public should attend this Monday's Pleasanton board meeting, and Tuesday's Bear Lake Township board meeting. "If there's anyone out there concerned with the lake, they should come to the meetings." Pleasanton's Board meets Monday, May 14 at 7pm at the Pleasanton Township Hall. Bear Lake Township's Board meets Tuesday, May 15 at 7:30pm at Bear Lake Township Hall.
[A previous version of this story was published on 5/11/12.]
Lake Improvement Board: Powers and Challenges
The process of altering, replacing or even eliminating the Lake Improvement Board turns out to be more complicated than one might think. While the two townships and the village do have some influence with the LIB (as they each appoint a representative), their powers are limited by three other members (a member of the Manistee County Board of Commissioners, the Manistee County Drain Commissioner and a riparian/lakefront owner) and the rules that govern the LIB.
The Lake Improvement Board's operations are dictated by state law and its own bylaws, and can continue indefinitely, unless several conditions are met. Michigan state law, specifically Public Act 451, Part 309, does not include any kind of expiration date, sunset clause or renewal requirement, as an earlier version of our report suggested. The "every 5 year" statement actually pertains to the tasks of discussion and budget planning.
This first task, discussion of the LIB, does fall to the three governmental units, which pledged to meet jointly every five years for this purpose.
The LIB's existence doesn't hinge on these meetings. Even if all three entities were to unanimously decide at such a meeting that the LIB should be disbanded, several more steps would remain. Otherwise, the LIB would continue its work. Here is Pleasanton Township's pledge, contained in Resolution 1-2007 (which helped to establish the LIB):
In theory, this pledge for a joint meeting could even be broken (since the pledge was made in the form of a resolution, which states an intention or an opinion, rather than a law), and the LIB would still go on. As it happens, the three municipalities honored their 2007 pledge, and met jointly this March. According to the minutes of the meeting (in full, below) there was "discussion by all present," but no action was taken.
The second task to be addressed every 5 years, that of budget planning, falls to the LIB itself. It has to decide what further study and treatment is required (including costs for each) over the next five years, and how to assess lakefront owners in order to pay for that work. The LIB has scheduled two public hearing sessions (one for each topic) for Thursday, July 19.
In the meantime, the LIB has asked for a renewed endoresement from the municipalities and has requested another joint meeting in 2017. The Village of Bear Lake passed such a resolution recently. Bear Lake Township considered the resolution and decided against it, but may reconsider. Pleasanton Township has not taken any action on the resolution. Though the LIB does seek this approval, its existence does not depend on it.
Supervisor Merrill's alternative to the LIB could not replace the current LIB without undergoing the same process originally followed five years ago. In addition, the current LIB would have to be dissolved first, which is only possible if four conditions are met (according to the last portion of Public Act 451, Part 309, article 324.20929, below). In short, each municipality would have to hold a public hearing on the specific topic of dissolving the LIB; any remaining LIB expenses must be paid; any excess monies collected from the special assessment district (lakefront owners, in this case) must be refunded; and the LIB's own members would have to take formal action to disband.
The Lake Improvement Board's operations are dictated by state law and its own bylaws, and can continue indefinitely, unless several conditions are met. Michigan state law, specifically Public Act 451, Part 309, does not include any kind of expiration date, sunset clause or renewal requirement, as an earlier version of our report suggested. The "every 5 year" statement actually pertains to the tasks of discussion and budget planning.
This first task, discussion of the LIB, does fall to the three governmental units, which pledged to meet jointly every five years for this purpose.
The LIB's existence doesn't hinge on these meetings. Even if all three entities were to unanimously decide at such a meeting that the LIB should be disbanded, several more steps would remain. Otherwise, the LIB would continue its work. Here is Pleasanton Township's pledge, contained in Resolution 1-2007 (which helped to establish the LIB):
In the meantime, the LIB has asked for a renewed endoresement from the municipalities and has requested another joint meeting in 2017. The Village of Bear Lake passed such a resolution recently. Bear Lake Township considered the resolution and decided against it, but may reconsider. Pleasanton Township has not taken any action on the resolution. Though the LIB does seek this approval, its existence does not depend on it.
Supervisor Merrill's alternative to the LIB could not replace the current LIB without undergoing the same process originally followed five years ago. In addition, the current LIB would have to be dissolved first, which is only possible if four conditions are met (according to the last portion of Public Act 451, Part 309, article 324.20929, below). In short, each municipality would have to hold a public hearing on the specific topic of dissolving the LIB; any remaining LIB expenses must be paid; any excess monies collected from the special assessment district (lakefront owners, in this case) must be refunded; and the LIB's own members would have to take formal action to disband.
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