July 12, 2004


CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Supervisor Douglas Sherk, at the Eagle Harbor Township Hall in Eagle Harbor, called the regular meeting of the Eagle Harbor Township Board to order at 7:00 p.m. on July 12, 2004.  Supervisor Sherk led the Pledge of Allegiance.


MEMBERS PRESENT:  Trustee Lantz, Treasurer Johnson, Supervisor Sherk, Trustee Ellis, and Clerk Olson.



MM/S Olson/Lantz to approve the agenda with the following additions.

·          Solid Waste Special Use Permit under Supervisor’s Correspondence.

·          Joel Tuoriniemi, Keweenaw County Road Commissioner to speak about the Keweenaw Mountain Lodge under Supervisor’s Remarks.

·          July 4th Celebration under Supervisor’s Remarks.

The Agenda was approved 5 Ayes, 0 Nays.



·          Approve minutes of June 14, 2004 regular meeting.

·          Approve minutes of July 5, 2004 special meeting.

·          Approve minutes of Election Commission meeting.

·          Accept Treasurer’s Report

·          Approve Payment of Bills

1.       MM/S Olson/Sherk to increase the prior approved $2500 for Volunteer Fire Fighter Jackets by $194 to $2694 for account 44500 passed on a Roll Call Vote of 5-0.

MM/S Olson/Lantz to approve Consent Agenda 5 Ayes, 0 Nays – Consent Agenda approved.



1.       Correspondence

·          Keweenaw County Board Minutes for June – Posted at the Township Hall.

·          DEQ Permits – Supervisor Sherk summarized permits.

·          Solid Waste Cable Utility Building Special Use Permit – Supervisor Sherk indicated that the permit has initial approval and final approval will be addressed at the July 14, 2004 meeting.

2.       Remarks

·          Joel Tuoriniemi, Keweenaw County Road Commissioner and the Keweenaw Mountain Lodge – The Road Commissioner summarized the status of the Keweenaw Mountain Lodge and answered questions from the board and public.  He stressed that the goal was to expand the lodge area uses and not just winterize it.

·          Long Lake Refuge 2(LLR2) Letter – Supervisor Sherk indicated everything was proceeding and OK.

·          Marina Resolution Letters Sent – No change.

·          Water System Funding Update - Water Committee Chairman John Wakeman summarized status of funding and cost sharing in present Master Plan area on Supervisor Sherk’s request.

·          Beach Water testing - Supervisor Sherk commented that water testing at the beach was satisfactory and is posted at the Township Hall.

·          Lake Eliza/Eliza Creek – Supervisor Sherk reported on his meeting with the local DNR representative and their tour of the area.  He highlighted that the lake at this time is not suitable for restocking due to continued silting.  Several solutions may be available to address the silting problem in order to re-institute stocking the lake with fish.  He also commented that there is a dispute on who owns the Dam.

·          July 4th Celebration – Supervisor Sherk commended the Recreation Committee for their leadership in moving the celebrations to July 5th due to rain and indicated it’s success.



·          Beach Committee – Inactive – No Report.

·          Cemetery Committee – Ginny Schubert – Reported the fence is painted and looks good.

Sexton Comments – Mike Braman – No Report.

·          Community Building – Jeane Olson – No Report.

·          First Responders – Bruce Olson – Reported increase in calls.

·          Hazard Mitigation Committee – Kris Callog – No Report.

·          Hebard Plat Committee – Jeane Olson – No Report.

·          911 Committee – Doug Schubert – Confirmed that Eagle Harbor may be used for our mailing address city within the 49950 zip code.

·          Park Committee – George Hite – New Sign, MNA Trail.

·          Recreation Committee – Barb Sickler – No Report.

·          Solid Waste Committee – Doug Schubert – New Signs and July 25, 2004 9AM-5PM is scheduled as Junk Jettison Day.  Appliances will be taken but there will be a charge of $20 for refrigerators and $5 for others.  Supervisor Sherk thanked the committee for providing this service and also requested recommendations and input from Chairman Doug Schubert and Solid Waste Facility Manager Mike Braman regarding placing the old cemetery chain link fence across the back of the property to set off a clean non-trash, Township use only, storage area for outside storage which is greatly needed by the Township. This item will be put on the agenda under New Business for the August meeting.

·          Volunteer Fire Department – Mike Radigan – Reported everything is running smoothly.  Supervisor Sherk added that the County Engineer has determined that there is not enough water for the 4th Street Dry Hydrant.

·          Water Committee – John Wakeman – Resolution on agenda.

Water Systems Operator – Reid Rastello – Reported everything is OK.

·          Wellhead Protection Committee – Reid Rastello – No Report.

·          Zoning Advisory Committee – George Hite – No Report.



·          Fire Truck Financing – The following public comment started at 7:45pm and continued until 8:35pm.  The following comments are paraphrased as accurately as possible.

1.       Dave Owens asked about the capabilities of the existing and proposed fire truck.  He also asked about how water could be obtained and about accessibility to his location on Goodell Road.  The Board replied that the fire trucks would be similar and water would be obtained by shuttling between the two large water capacity Super Tanker Pumper Trucks whenever local water supply is not available from the shorelines of lakes and streams in order to serve the fire fighting needs of as much of the Township as possible.  However if any property owner has concerns about fire truck access the Board strongly recommended that they should contact the Eagle Harbor Volunteer Fire Department (EHVFD) for an evaluation.

2.       Tom Franks asked about the water carrying capacity of the proposed fire truck.  The EHVFD confirmed for the Board that the capacity was 2500 gallons.

3.       Fritz Kesanen informed the board that the EHVFD will be continuing ongoing site evaluations and that he supported the proposed fire truck.

4.       Marilyn Marshall asked when the current debt for the last fire truck purchase would be retired.  Treasure Johnson replied that the current truck debt would be retired this tax period.

5.       Ed Stoneman asked whether the equalized or taxable value would be used for the millage on the proposed fire truck.  The Board replied that taxable value would be used.

6.       Jim Boggio inquired if the proposed fire truck would be put to a vote.  The Board said that it had not made a decision.

7.       Janet Avery commented to the board that since the last millage for a new truck was voted down she did not believe it was legal for the board to be pursuing it again.

8.       Staci Gibson-Kisiel addressed the board saying that she supported the proposed fire truck and would vote in favor of it.

9.       Bruce Leblanc commented to the board that the new truck was needed to shuttle water to effectively fight fires.  He went on to say that he supported the proposed fire truck.

10.   Nancy Wakeman indicated she would like to publicly thank the Citizens for a Better Eagle Harbor for producing the recently distributed document.  It helped clarify many of the issues.

11.   Mike Radigan spoke of his support of the proposed fire truck.

12.   Joe Monroe voiced his support of the proposed fire truck.

13.   Patty Rastello expressed support for the proposed fire truck and asked for volunteers for the EHVFD.

14.   Judy Smith asked the board where the proposed fire truck would be kept.  They responded that it would be kept in the current Fire Hall.

15.   Diana Franks asked the board about her legal ability to vote in a ballot initiative for the fire truck.  The board replied that since she was not a registered voter in the township she was not eligible to vote on the issue.  She went on to express her concern in not being able to support the proposed fire truck by voting.

16.   Sandy Siegmeir asked if the grant money would be lost if no action was taken.  She also asked whether once the current truck debt was retired and the proposed new millage passed, if there would be a net increase or decrease in taxes.  The Board replied that the current grant expired in January of 2005 and that the overall millage would be for 1 mill for the proposed truck resulting in a slight net increase.

17.   Bud Avery wanted to know if there would be lower homeowners insurance in regard to the proposed fire truck.  The Board felt and the EHVFD confirmed for the board that it most likely would not.

18.   Art Amolsch asked a rhetorical question about how much the volunteer fire fighters get paid, to which the Board replied nothing except a small stipend for the Fire Chief.  Mr. Amolsch then made the comment that the community should buy them a new truck.

19.   Bruce Olson made the statement that the board knew how he felt because of past conversations and then voiced his support for the proposed fire truck.

20.   Carolyn Kesanen asked the rhetorical question about what price is to be put on the Township’s property and lives.

21.   Laura Leaf wanted to know the time frame for the purchase of the proposed fire truck and if a special assessment was used would the vote be open to the public.  The Board responded that the current grant expires in January 2005 and would need to be purchased prior to the expiration.  The Board also informed her that if a Special Assessment was used for financing that public hearings would be mandatory.

22.   Bob Masnado stated that the proposed fire truck was for the community not the EHVFD and that he supported the truck.

23.   Tom Franks wanted to know what happens to the old truck.  The Board replied to would be up to the EHVFD but most likely would be sold.

24.   Janet Avery asked if the First Responders would be going away.  The reply was no.

25.   David Owens wanted to know if a Special Assessment for the proposed fire truck would be tax deductible.  The Board didn’t believe that a Special Assessment for a fire truck was tax deductible.

26.   Patty Rastello called for more Volunteer Fire Fighters.

27.   Edward Kisiel Highlighted the fundamental issue regarding the proposed fire truck as one of protecting the property and lives of the citizens of the Township.  He sighted the work of Nobel Prize winner Milton Friedman’s 1962 book Capitalism and Freedom to support his assertion that all governments are obligated to protect their citizens.  He went on to say that all governments have the right of taxation to provide infrastructure.  The assertion was also made that the board was obligated to purchase the proposed fire truck based on the sighted philosophical and economic principles.  He also brought attention to the recently purchased property where the board spent $172,000 with little public or board comment.  He stated that even though he supported the board’s decision to purchase this property for sewage processing, a choice of priorities was made that was pitted against the choice of protecting the Township’s property and citizens.  He went on to sight the basic principle of our Free Market Society where individuals when left to their own accord will act in their own self-interest.  He used this to support his assertion that the board was obligated to pass the proposed fire truck not by popular vote but by special assessment.  He asked that the Board set up the Special Assessment now to purchase the proposed fire truck.  The Board emphasized that it had been criticized in the past for not seeking enough public input into the new Fire Truck funding issue and that the Fire Truck funding issue plus Emergency Services funding issue had been defeated by the voters in August of 2003.

The special comment period was closed as the allotted time had expired.

MM/S Sherk/Lantz to hold a Special Fire Truck Public Comment Period of up to 25 minutes during the August Board Meeting passed 5-0.

·          Traffic Signs – Reviewed alternative’s and based upon the report provided to the Supervisor by the Keweenaw County Road Engineer, which indicated it may be more dangerous to make any changes.  MM/S by Trustees Lantz/Ellis to remove from the agenda passed 5-0.

·          Private Road Ordinance – Tabled/waiting for advice from attorney, no update.

·          Conservation Easement – Supervisor Sherk reviewed the Redwyn Dunes Trail extensions to Eagle Harbor’s Dunes Marshes Trail system.  Changes to the Draft document dealing with hunting and animal use were presented by Supervisor Sherk.  MM/S by Treasure Johnson/Ellis to accept draft passed unanimously.

·          Insurance Risk Control – Tabled awaiting further information, no update.

·          Water Electrical Ground Ordinance – Tabled, no update.

·          Assessor Contract – Tabled, no update.

·          UPS Backup for Pump House – Tabled, no change.



·          Results of Election Commission Meeting – Clerk Olson summarized the minutes of the meeting.

·          Solid Waste Special Assessment Resolution – There was one (1) written objection, four (4) verbal objections made and no suggestions for change to the special assessment roll during the Solid Waste Hearing.  MM/S by Supervisor Sherk/Lantz to accept the Resolution was passed by a 5-0 Roll Call Vote.

·          Storage Shed for Tractor – Bruce Olson summarized the handout of available sizes and cost.  MM/S by Trustee Lantz/Olson passed unanimously to table until a budget review could be conducted.

·          New Water Connections – The following proposed motion was presented by the Supervisor “If services are not available within the Master Plan area of the Eagle Harbor Water System and a new or replacement main is necessary and approved for a new hookup, then the new customer’s share of the new construction would be a $3000 base cost adjusted annually from the year 2000 level by a construction inflation index if available from out Water Engineer, otherwise by the annual inflation increase, for each tap in addition to the regular hookup fee and personal line costs incurred by the customer”.  MM/S by Sherk/Ellis to accept the new motion for new Eagle Harbor Water System hookups in the Master Plan area passed unanimously by a Roll Call Vote.

·          Drain field Placement Ordinance – MM/S by Trustee Lantz/Ellis to Table for further information passed 5-0.

·          Silver River Loop Resurfacing Cost – MM/S by Treasure Johnson/Lantz to Table for cost estimates from the County Engineer passed 5-0.

·          911 Street Signage Changes – MM/S by Supervisor Sherk/Johnson to spend up to $500 for Signage changes and Township 911Address Books passed 5-0 on a Roll Call Vote. Ginnie and Doug Schubert will work with our Public Works crew, Our Maintenance person Bruce Olson and the County engineer to get this signage change done in accordance with 911 needs.

·          Resolution re: Lake Superior Day – MM/S by Supervisor Sherk/Lantz to proclaim the 3rd Sunday in July as Lake Superior Day passed unanimously.

·          Pig Roast – Letter from William Smith requesting the use of the Fire Hall for a private party on August 7, 2004 was read.  MM/S by Trustee Ellis/Lantz to allow the use passed unanimously.





Policy/Rule for public comment: 3 minutes per person – up to 20 minutes total during meeting and 3 minutes per person – up to 20 minutes total under public comment section of agenda.

This policy will be stated on all agendas


Several Citizens were recognized for the following public comments:


·          Rebecca Markee commented that Pine Street is in need of resurfacing.  Supervisor Sherk commented that the Board has recognized the need here and in other areas but that until the timeline for the Water project was determined, new paving should wait.

·          Bruce Olson commented that any shed for the tractor over 200 square feet would need a building permit and possibly a licensed builder for installation.

·          The question was asked whether anyone considering a new hookup to the Eagle Harbor Water System could drill a well.  Supervisor Sherk that as he understood it they could up until the new water main extensions were installed.



·          MM/S Olson/Lantz to adjourn.  Motion carried unanimously. Meeting adjourned at 9:25 p.m.





Jeane Olson, Clerk

Eagle Harbor Township




I, the undersigned, Jeane Olson, the duly qualified and elected Clerk for the Township of Eagle Harbor, Keweenaw County, Michigan, DO HEREBY CERTIFY that the foregoing is a true and complete copy of certain proceedings taken by the Township Board of said Township at a regular board meeting held on the 12th day of July, 2004.





Jeane Olson, Clerk

Eagle Harbor Township