By: Benjamin J. Gohs, News Editor
bgohs@boynegazette.com
(231) 222-2119 

Chicken ordinance

The issue deals with three separate

The planning commission held a public hearing on this matter and approved it for consideration by the Boyne City Commission.

The proposal received overwhelming support by public officials and citizens alike.

During the public comment phase of the meeting Connie Dhaseleer asked if the chickens would be fenced in.

Boyne City Planning Director Scott McPherson said there were several specific regulations:

• Allowed four hens
• No roosters
• No slaughtering outside
• Covered/fenced enclosure on the property
• All feed and items to be stored so no rodents attracted
• Housing areas must be kept clean to avoid offensive odors

Sandy Hill, who originally approached the board with the matter last year said she has had her chickens in town for nearly three years.

“I have had no problems with noise, with pests or animals coming after them,” she said. “I have enjoyed them very much as pets. I didn’t keep them penned in at first, I let them run loose.”

Hill said chickens are pets with benefits.

“I think the biggest thing people need to do if they want to get chickens is to educate themselves … so they know what they’re getting into and they’re not just winging it,” she said.

Boyne City Commissioner Laura Sansom said she asked many people around town about their thoughts.

“The overwhelming majority say they do not want it,” she said. “I’m going to back the majority.”

Sansom’s reasons for being against it included the close proximity of some neighbors to one another.

“I’ve look around town at various sizes of people’s lots and I can’t foresee how you could possibly have chickens and not be offensive to some neighbors,” she said. “The residential downtown area should be free from chickens.”

Sansom added, “We have agricultural zones. We’re a rural community. There’s lots of places to go to raise chickens. The reason I chose to live in town is I don’t want to live next to a farm.”
Boyne City Commissioner Delbert “Gene” Towne said he probably had a 50/50 split of residents who approached him both for and against the ordinance proposal.

Boyne City Commissioner Tom Neidhamer said the planning commission spent three or four months working on the proposal before concluding unanimously that many of the perceived issues were non-issues.

“For example: say you have a small lot. You can’t have chickens but you can have as many cats and dogs as you want,” he said. “I just don’t think we need to over-regulate this so it’s the toughest regulation in our ordinance.”
Neidhamer added, “I think that it will police itself. It’s a reasonable and operable ordinance that makes sense to me.”

He said he has had no one opposed to it but numerous people in favor of the proposal.

Boyne City Mayor Ron Grunch said he also supports the measure.

“I think early on when this first came out the language and the parameters and how they had to be taken care of, I personally thought they were so restrictive that nobody’s going to want to do it,” he said. “It’s very limited as far as what you can do with them.”

Grunch said he has had far more people in favor of it contact him than not.

“If this isn’t self-policing and gets out of hand we can tighten the ordinance up,” he said.

No permits will be required to possess chickens.

The motion passed 3-1. Sansom was the lone “no” vote. Boyne City Commissioner Derek Gaylord was absent.

Kirtland noise issue

Boyne City Planning Director Scott McPherson updated the Boyne City Commission during its Tuesday May 8 meeting.

He said consultant RSG has been hired and they are working with Kirtland Products to possibly analyze the facility toward the end of May.

The noise issue citizens committee held a conference call with the MDEQ about the permitting process.

“The key thing is here only have of it has happened. Right now they have the permit to install but then they have to get the testing done to make sure they are in compliance with those requirements,” McPherson said. “They do need to be running at near capacity to get a good test.”

The committee indicated that the emissions consultant should be sought soon so they are ready to go when the testing is performed.

Resident Connie Dhaseleer asked if the plant would be running at capacity during the testing.

McPherson said the plant would need to do so.

RSG was hired by the city in April after direction from the Kirtland noise issue citizens committee for $14,800.

Several citizens voiced concerns about the emissions and the odor from the plant.

Resident John McCahan asked if the consulting firm shouldn’t perform their testing until after the MDEQ performs its testing and gives its results.

McPherson said Kirtland will not perform the testing itself.

“The DEQ does not do the testing. Kirtland has to hire an independent firm and they do the testing according to the DEQ standards and submit that data to the DEQ for analysis,” he said. “Our thought was to have a peer review and then have an observer watching the testing procedure and also look at the data and make their analysis and be able to tell us is there any additional testing or issues that in their professional opinion we need to be looking at.”

Boyne City Commissioner Tom Neidhamer said the process is in place to solve the problem.

“I think the citizens, the commission, the study group has acknowledged that we do have a problem and I feel there is nothing I can do … until the committee makes a ruling and until the data comes in,” he said.

The sound testing is scheduled to begin May 21. Monitoring would be performed for 24 hours with the plant operating and 24 hours with the plant offline.

Charlevoix County Commissioner Chris Christensen asked about the direction of the wind and the location of the monitors to ensure accuracy.

“We talked about that very specific issue and they would take that into account,” McPherson said. “After they get their data they can model for any type of weather condition that can happen.”

Each piece of equipment will be monitored so they can identify what needs to be mitigated.

The following cases were recently heard in Charlevoix County’s 90th District Court. Information in this section is printed exactly as it appears in court records.

Jodi Lynn Beckner, 37 of Mancelona – Larceny under $200. To serve 93 days in jail with credit for 1 day served, 10 days community service in lieu of jail time, 82 days held in abeyance. To be placed on probation for 6 months, pay $600 in fines and costs.

Tina Joan Rioux, 47 of East Jordan – Disorderly/Drunk Person. To pay $400 in fines and costs.

Timothy Lee Noirot, 45 of Charlevoix – Disorderly/Drunk Person. To serve 90 days in jail with credit for 33 days served, 57 days held in abeyance. To be placed on probation for 9 months, submit to daily PBT/drug testing, not to consume or possess alcohol or controlled substances. To attend 7 AA meetings with written verification, pay $450 in fines and costs by 9/1/12.

Brian Richard Gellis, 33 of Boyne City – Failure to report an accident. To pay $300 in fines and costs by 6/8/12 or serve 12 days in jail.

Dennis Eugene Curtis, 44 of Charlevoix – Operating while intoxicated (2nd offense). To serve 365 days in jail with credit for 2 days served, 30 days community service in lieu of jail time, and 333 held in abeyance. To be placed on probation for 2 years, submit to PBT/drug testing, not to consume or possess alcohol or controlled substances. To pay $1,200 in fines and costs.

Mitchell Lee Bartlett, 24 of East Jordan – Larceny $200<$1000. To serve 365 days in jail with credit for 14 days served, 15 days community service in lieu of jail time, 306 days held in abeyance. To be placed on probation for 18 months, submit to PBT/drug testing, not to consume or possess alcohol or controlled substances. To pay $675 in fines and costs, $150 in restitution.

Gale Clayton Oleniacz, 19 of Mancelona – Retail fraud (3rd degree), Minor purchasing/consuming/possessing alcohol. To serve 93 days in jail with credit for 3 days served, 5 days community service in lieu of jail time, 85 days held in abeyance. To be placed on probation for 6 months, submit to bi-weekly PBT/drug testing, not to consume or possess alcohol or controlled substances. To pay $450 in fines and costs. To obtain GED, written apology, not to enter Glen’s Market.

 The following marriage licenses were recently issued at the office of the Charlevoix County Clerk. NOTE: This simply means a license was issued by the office. Marriages are finalized when these licenses are returned to the office properly signed.

Charles Egner, 75 and Barbara Lundy, 64 – both of Charlevoix

Michael Ochs, 39 and Aimee Eubanks, 39 – both of Charlevoix

Noah Kersey, 26 and Laura Feagans, 25 – both of Indianapolis, IN

Daniel Scott, 49 and Diane Crain, 44 – both of Boyne City

The following businesses recently filed assumed names at the office of the Charlevoix County Clerk

Lesco Specialties at 110 E. Lincoln St. in Charlevoix by Leslie Edmunt LaVire

Neighborhood Bread Co. at 333 Terrace St. in Boyne City by Erica Tosch

Diamond Dales at 520 State Street in Boyne City by Dale Reynolds

Boyne USA at One Boyne Mountain Rd. in Boyne Falls filed under the following assumed names: Boyne Outfitters, 19th Tee, Made in Michigan, Beach House, Eagle’s Nest, Stein Eriksens, Snowflake Lounge, Spiella Den Toys and Candy, Mountain Express Deli and Provisions, Trophy Room Pub and Pizzaria, Apres Ski Pub & Snack Shack, Das Cafe, Everetts, Solace Spa, Solace Institute, School of Massage – Solace Institute.

Captain’s Choice Boat Services & Detailing at 11130 S. US-31 in Charlevoix by Brian VanMeter.

Teagan and Nolan’s House of Sandwiches at 105 M66 in Charlevoix by Jami and Blake Miller.

Intrepid Photography at 13411 Camp Ten Rd. in Elmira by Adam Lock.

The following businesses recently filed assumed names at the office of the Charlevoix County Clerk

The following is the weekly log of The Boyne City Police Department. These records are provided weekly by the department, and are printed exactly as received.

Monday, April 30, 2012

10:15am Report of contraband found in the 1000 block of Boyne Av

11:26am Low hanging cable line in the 1200 block of Pleasant Av

5:15pm Assist Fire Dept in the 1300 block of Boyne Av

6:45pm Report of dead cat in road on E Division St

8:24pm Citation issued for expired registration

Tuesday, May 1, 2012

11:22am Report of suspicious situation in the 1000 block of Boyne Av

5:30pm Citation issued for expired registration.

6:50pm Citation issued for expired registration.

8:16pm Report of lost iphone.

Wednesday, May 2, 2012

10:18am Meet subject at shelter to drop off homeless kittens

12:45pm Financial exploitation of vulnerable adult complaint.

1:08pm Report of lost black bag containing serving tray in the old Carter’s parking lot.

3:16pm Unlocked vehicle in the 200 block of Brown St

3:48pm Unlocked vehicle in the 500 block of N lake St

5:47pm Citation issued for seat belt violation

6:00pm Subject arrested on outstanding warrant.

6:00pm Threats complaint received from the 300 block of E Water St

8:05pm Assist EMS in the 200 block of N Park St

10:13pm Citation issued for speed, no proof of insurance, and registration violations

Thursday, May 3,2012

1:10am Assist Sheriff Dept with accident on Jaquay Rd

4:23am 911 hangup from the 400 block of Front St. Phone malfunction

8:46am 2 vehicle property damage accident in the 100 block of S Park St

2:55pm Standby to keep the peace in the 1000 block of Boyne Av

4:05pm Assist Sheriff Dept with disturbance in Boyne Falls

4:40pm Report of unattended 3 year old in the 400 block of N Lake St

6:21pm Unlocked vehicle at the T-ball field

8:35am Assist Sheriff Dept in the 1400 block of Pleasant Av

8:40pm Report of dog left in the 400 block of N Lake St. Was gone on arrival.

11:01pm Report of CSC.

Friday, May 4, 2012

6:24am 911 hang up from the 400 block of Front St. Phone malfunction

7:29am Citation issued for speed

10:12am Hang up calls being received in the 800 block of S Park St

12:04pm Larceny of copper wire from the 800 block of Front St

3:36pm Citation issued for speed.

3:55pm Report of kids messing with parked cars in the 300 block of Silver St

6:15pm Multiple 911 hang ups from the 400 block of Front St. Phone malfunction.

9:00pm Fraudulent cell phone alert received in the 600 block of Jefferson St

9:15pm Fraudulent cell phone alert received in the 600 block of East St

9:22pm Assist Sheriff Dept with disturbance in Boyne Falls.

10:26pm Arrested subject on 2 outstanding warrants

Saturday, May 5, 2012

2:16am Arrested subject for OWI and DWLS third

7:42am 911 hang up in the 400 block of Front St

11:24am 911 hang up in the 400 block of Front St

2:10pm Larceny of large metal pipe from the 300 block of Groveland

2:51pm Fraudulent cell phone alert received in the 600 block of Jefferson St

Sunday, May 6, 2012

5:42am 911 hang up in the 400 block of Front St

10:15am Damage to door of building in the 100 block of E Division St

12:30pm Assist citizen at pavilion

2:12pm Civil complaint on the 100 block of W Court St

2:14pm Disturbance in the 600 block of Jefferson St. Assisted by EMS.

8:05pm Juvenile complaint in the 700 block of S Lake St

10:32pm Report of assault in the 1000 block of West St

Regarding the fraudulent cell phone alerts people have been receiving over the weekend- these have been coming into peoples phone as text messages advising them that their credit union cards have been deactivated, and asking them to call with information. We would like to remind everyone not provide anyone with your personal information over the phone. If you get one of these messages and want to confirm that it is fraudulent, we recommend calling the local branch of your financial institution, and not the numbers provided in the text. Most financial institutions will not send you a text regarding these issues.

By: Benjamin J. Gohs, News Editor

Glen Catt of Catt Develpment presents his revised plan to the Main Street Board (C. Faulknor/BC Gazette)

Glen Catt and Wally Kidd gave the Boyne City Main Street Board an overview of a proposed change o the One Water Street development project.

Catt said his group has devised a couple different options to deal with it.

The two major changes proposed are parking increases and a conditional rezone to allow for the construction of 15 resort cottages instead of a four-story hotel/condominium which had been approved.

The building in question has not been developed, according to Catt, because the time has not yet been right.

“We have one big building with condominiums in it right now or units to be sold and because they have adjoining walls and are part of a larger building, (lending) restrictions have really prevented anybody from building any new condominium buildings anywhere,” he said. “In light of that, that’s what’s held us back mostly.”

Kidd said there has been a collapse of the new condominium market.

Catt added, “With the housing market collapse of 2008 and some of the financial aspects, the timing just isn’t there to market this (original) project.”

Catt said there are carrying costs on the property which are somewhat of a hardship for the investors and the property has been sitting for two years without a decision.

There is 22 percent less density proposed and seven percent less footprint in addition to a decrease in height by five and eight feet for differing units from the original plan.

“This is really the same thing but it’s broken up into smaller bites,” Catt said.

The first floor is designed as basic hotel rooms. The upstairs portion offers more of extended stay suites.

The board supported the proposed plan changes.

A public hearing on the matter has been scheduled before the Boyne City Planning Commission on May 19.

If the proposal is approved by the planning commission, the issue would then go before the Boyne City Commission for final approval.

Park Street as viewed north from Main Street. (C. Faulknor/BC Gazette)

South Park St. plans

Plans for South Park St. were discussed during the Boyne City Main Street/DDA Meeting on Thursday May 3.

The area between Water and Ray streets could see angle parking to the west between Water St. and the alley,but the Boyne City Main Street Board opted to seek more information on the various issues before making any decisions.

The area between Ray and Pine streets could see the parallel parking retained on both sides with curbs moved toward the sidewalks some to make angle parking easier during church services.

According to Boyne City Manager Michael Cain, the general consensus is that there is preference in maintaining more green space and trees in this area and there does not seem to bean urgency for additional parking although there were some concerns about long-term needs.

Cain said Wright Builders has expressedconcern about closing the nearby alley because they feel it will impact vehicles going to the rear of their building.

As far as possibly putting utilities underground, the question is who will pay for any modifications ofthe property owners’ services to connect underground.

Boyne City Public Works Director Andy Kovolski said he has been holding discussions with the necessary parties to get estimates on the costs of various proposed utility burials.

The board discussed the project with Cain citing that pushing the curbs back could cause a problem with mature trees needing to be removed to allow for the new curbing.

The issue of angle parking was discussed.

Cain said the city’s current general standard on angle parking could put some of the proposed spaces a little too far into the road which could cause issues.

Traffic flow was also discussed.

“Creating congestion in a downtown area isn’t bad,” Cain said. “The purpose in downtown traffic isn’t to get them from ‘A’ to ‘B’ as quick as possible, it’s to getthem down there at a slow speed looking at the stores, shopping and looking out for pedestrians.”

The matter could be discussed as early as the next Main Street meeting at 8:30 a.m. on Thursday June 7 at City Hall.

Becky Harris gave an update on the farmers market. There are currently 74 vendors that belong to the market. The first outdoor market of the year was held in recent weeks. The market accepts Bridge Cards (the electronic form of food stamps).

Boyne City Main Street Director Hugh Conklin said rules concerning dogs in the park during the farmers market will be posted, and they will be allowed as long as there are no problems with animals during market hours.

Boyne City Manager Michael Cain asked if any vendors were using electricity at the park during the market,and said if they are they need to be charged for it.

Cain said someone made a comment to him about the size of the market that they were concerned the market could become too big.

Conklin said one of the concerns some vendors have is too many people selling the same product.

“I don’t think we want it to get any larger than what it is right now,” Conklin said. “But then on the other hand if we’re trying to promote a local food system, and people are creating local food and growing their own foods then they need to have an opportunity to sell that.”

He added, “It’s a fine line.”

Porter, Helen Joan
March 8,1915 – Feb. 24, 2012

Helen J. Porter (nee Klaas), 96 of Sarasota and former resident of Boyne City, died on Feb. 24, 2012.  She lived with her husband in Port Huron, Detroit, Boyne City, Adrian, Jackson MS, and retired in Sarasota FL.  They were members of Christ Lutheran Church in Boyne City.  She managed the Porter Jewelry Store in Boyne City and finished her work career as a secretary at Boyne City High School.  Helen was preceded in death by her husband, James R. Porter, and only sibling, Dorothy Johnston.  Survivors include her children: son Philip and his wife Beverly, Leonard, Mich., daughters Karla, Sarasota, and Laurel, St. Paul, Minn.; grandchildren, Julie (Fred) Himebaugh, Steve (Renee) Porter, Sarah Porter, John (Charity) Marquis, Bryce (Christy) Marquis; Great-grandchildren are Andrew and Alexandra Himebaugh, James, Kathryn, and Alyssa Porter, Judah and Rosanna Marquis.

A Memorial Service will be held Saturday, May 5, 2012 at 11 a.m., Trinity Lutheran Church, 1517 10th St., Port Huron, MI.  Visitation will be at the church one hour before the service.  Interment will follow the service at Lakeside Cemetery, Port Huron MI.

In lieu of flowers, memorials can be given to Concordia Lutheran Church, Sarasota, 2185 Wood St., FL 34237, or Trinity Lutheran Church,1517 10th St., Port Huron, MI 48060.

By: Megan A. Wilson, Contributing Writer

Boyne City is getting a new kind of gallery Memorial Day weekend

Magpie and Mana is a celebration of all things art, and is owned by Mariah Hankins and her mother Vicki who is her business partner.

Magpie and Mana will have artists that do paints, and will also have textilists that exhibit tapestries, the gallery will even have a kiln that people can pay to use.

Also featured in the gallery will be ceramics.

“We will be having woodcarvers and photographers as well, the artist’s work will be displayed in albums.” said Hankins.

The name Magpie and Mana came from a combination of things.

“A magpie is a bird, kind of like a crow that collects things to put in its nest, it’s very interesting”, said Hankins. “Mana is a divine sense of purpose in all things around you, and the idea that you shape your own future.”

Hankins has been involved in art her entire life, and is a traveling artist that has had several works sold in galleries.

“I’ve had this idea for a gallery since I was in high school”, said Hankins “With today’s graduation requirements there is little room for students to take art classes as they are forced to take more academic subjects.”

One way Magpie and Mana is planning to give back to the community is through the Sprout program.  This program allows artists at the gallery to mentor students, ranging from kindergarten to twelfth grade.

After students are past the fifth grade mark it is no longer Sprouts, they are considered to be mentored.

“As well as our resident artists we will also be having a featured Artist of the Month,” said Hankins.

One of the resident artists at Magpie and Mana is Jasmine Lace, who is a textile artist that weaves and dyes her own materials.

“I met Mariah through friends at Blissfest.  I am the coordinator of  it which is where people trade things that they don’t want anymore”, said Lace.

Magpie and Mana will be open from 10a.m. to 11p.m. everyday except Sundays on which it is closed.

THE PRESIDENT:  Hooah!  How’s everybody doing tonight?  Hooah!  (Applause.)

TROOPS:  Hooah!  (Applause.)

THE PRESIDENT:  It is good to be back here with all of you.  (Applause.)

I’ve got a few acknowledgments I’ve got to make before I say what I’ve got to say.  First of all, somebody who has served our country with the kind of distinction that doesn’t happen a lot, somebody who has been a leader for you and a leader for our country for a very long time — give your commander, General John Allen, a big, big round of applause.  (Applause.)

We also have somebody who is John’s partner on the civilian side and has made extraordinary sacrifices, first in Iraq, now in Afghanistan — Ambassador Ryan Crocker is here.  Please give him a big round of applause.  (Applause.)

All right, now, let me just see if I’ve got this right.  We’ve got the First Infantry Division in the house.  (Hooah!)  We’ve got the 455th Air Expeditionary Wing.  (Hooah!)  We’ve got the Task Force Muleskinner.  (Hooah!)  We’ve got the 101st Army Field Sustainment Brigade.

AUDIENCE MEMBER:  Hooah!  (Laughter.)

THE PRESIDENT:  We’ve got Task Force Paladin in the house.  (Hooah!)  And we’ve got Task Force Defender in the house.  (Hooah!)  And we’ve got me in the house.  (Applause.)  Eighty-second in the house — 82nd in the house.  (Hooah!)  You know, somebody is going to be in trouble that they didn’t have 82nd on here. Anybody else I’m missing?  There you go.  All right.  I love all of you.

Now, listen, I’m not going to give a long speech. I’m going to have the opportunity to address the nation from Bagram just in a little bit, and it’s going to be broadcast back home during primetime. So all I want to do is just say thank you.

The sacrifices all of you have made, the sacrifices your families make every single day are what make America free and what make America secure. And I know that sometimes, out here, when you’re in theater, it’s not clear whether folks back home fully appreciate what’s going on. And let’s face it, a lot of times it’s easier to get bad news on the news than good news.

But here’s the good news, and here’s part of the reason that I’m here.  I just finished signing a Strategic Partnership Agreement with Afghanistan that signals the transition in which we are going to be turning over responsibility for Afghan security to the Afghans. We’re not going to do it overnight. We’re not going to do it irresponsibly.  We’re going to make sure that the gains, the hard-fought gains that have been made are preserved. But the reason we’re able to do that is because of you. The reason that the Afghans have an opportunity for a new tomorrow is because of you.  And the reason America is safe is because of you.

We did not choose this war. This war came to us on 9/11. And there are a whole bunch of folks here, I’ll bet, who signed up after 9/11.

TROOPS:  Hooah!

THE PRESIDENT:  We don’t go looking for a fight. But when we see our homeland violated, when we see our fellow citizens killed, then we understand what we have to do. And because of the sacrifices now of a decade, and a new Greatest Generation, not only were we able to blunt the Taliban momentum, not only were we able to drive al Qaeda out of Afghanistan, but slowly and systematically we have been able to decimate the ranks of al Qaeda, and a year ago we were able to finally bring Osama bin Laden to justice.

TROOPS:  Hooah!  (Applause.)

THE PRESIDENT:  That could have only happened because each and every one of you, in your own way, were doing your jobs.  Each and every one of you — without a lot of fanfare, without a lot of fuss — you did your jobs.  No matter how small or how big, you were faithful to the oath that you took to protect this nation.  And your families did their job — supporting you and loving you and remembering you and being there for you.

And so, together, you guys represent what is best in America.  And you’re part of a long line of those who have worn this uniform to make sure that we are free and secure, to make sure that those of us at home have the capacity to live our lives.  And when you’re missing a birthday or you’re missing a soccer game or when you’re missing an anniversary, and those of us back home are able to enjoy it, it’s because of you.

And I’m here to tell you, everybody in America knows that.  And everybody in America appreciates it.  And everybody in America honors it.  And when the final chapter of this war is written, historians will look back and say, not only was this the greatest fighting force in the history of the world, but all of you also represented the values of America in an exemplary way.

I could not be prouder of you. And I want you to understand, I know it’s still tough. I know the battle is not yet over.  Some of your buddies are going to get injured, and some of your buddies may get killed.  And there’s going to be heartbreak and pain and difficulty ahead. But there’s a light on the horizon because of the sacrifices you’ve made.  And that’s the reason why for Michelle and me nothing is more important than looking after your families while you’re here.  And I want everybody here to know that when you get home, we are going to be there for you when you’re in uniform and we will stay there for you when you’re out of uniform. Because you’ve earned it; you earned a special place in our hearts. And I could not be prouder to be your Commander-in-Chief.

God bless you, and God bless the United States of America.  Now I want to shake some hands.  (Applause.)

END                1:30 A.M. AFT