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The Village of Elk Rapids, Elk Rapids Township, and Torch Lake Township have already agreed to participate in the program. As of the meeting, a contract sent to Milton Township asking for their participation had not been returned.

Elk Rapids Village Manager Robert Peterson worries what having two recycling programs in close proximity to one another may mean.

"It doesn't ring right to have the duplication of services," he said.

Village President Dan Reszka wondered what it would mean for Milton Township residents using the Elk Rapids facility. Should those residents not be allowed use of the facility, he asked, and how would it be monitored.

"I don't know if they (Milton Township) have considered the implications to the village," Reszka said.

Currently, the townships participate in the recycling program voluntarily, so the Elk Rapids facility has never turned anyone away, Department of Public Works Superintendent Ron Ridge said.

The council also voted to approve a lease agreement with Speedway SuperAmerica for use of village property containing part of an underground tank used at Speedway's gas station on US-31 in Elk Rapids.

The five year agreement has the lease beginning Aug. 1, 2007, meaning Speedway will make retroactive payments to the village as soon as the lease goes into effect. The agreement also contains stipulations that Speedway complete corrective action to clean up groundwater and soil contamination on the site by Dec. 31, 2012. If the cleanup is not completed by that date, Speedway will owe a penalty of $1,000 per month of 2013. That number would increase to $3,000 per month of 2014 and $5,000 per month of 2015 that the cleanup is not completed.

The village also took a tough stand on late rent payments from Speedway. If a payment is more than 15 days late, $25 per day will be owed until the payment is received.

Finally, a major amendment made by the village was making renewal of the lease a mutual agreement by both sides. Originally, Speedway reserved the right to renew the lease, but Village Trustee Robert Orschel said the council would not agree to those terms.

"I was not going to allow any agreement that would tie the village's hands for more than five years," he said.

Now that the village has accepted the lease, it is pending Speedway's agreement before taking effect.

Brian Keilen can be reached for question or comment at bkeilen@michigannewspapers.com or by calling 231-264-9711.