VILLAGE OF FRUITPORT
REGULAR COUNCIL MEETING
JULY 18, 2017

1. Call to Order
President Roger Vanderstelt called the meeting to order at 6:58pm.

2. Pledge

3. Prayer

4. Roll call of the Board
Present: Roger Vanderstelt, Amy Haack, Will Overkamp, Donna Pope, Carl Rothenberger and Bill Stone.
Absent: Carl Russell
Also present: Dave Bossenbroek – Village attorney and Jeremy Statler DPW Supervisor

5. Approval of previous meeting minutes: June 27 meeting minutes, Motion made by Amy Haack, supported by Carl Rothenberger. With a unanimous vote the motion carried.

6. Approve the agenda for July 18 Council Meeting: Motion made Amy Haack, supported by Donna Pope. With a unanimous vote the motion carried.

7. Public Comments:
Henry Hartung, 80 N. 4th addressed the council about his application for a variance and his concerns over the delay in the process. His concerns were addressed by Dave Bossenbroek, Roger, Amy and Carl Rothenberger.

8. Correspondence
Ann – None

9. Reports from Officers
Donna – Asked Bethany Nettleton to give an update on the Library. Bethany advised that they are getting books processed, an IT person is working with them and they have over 875 cards.
Amy – The July meeting for the Friends of the Park Group was cancelled. The next meeting will be in August or September. She received information from Ann about the Doggie Waste Stations and will discuss dogs in the Park at a future Friends of the Park Group meeting. Amy also gave an update on the Muskegon County Recreation Authority. They are changing from an authority to a communications committee. She will attend their meetings.
Carl Rothenberger – None
Bill Stone – None
Will Overkamp – None

10. Adoption of Medical Marihuana Facilities Resolution
Dave Bossenbroek read the Resolution Regarding Medical Marihuana Facilities. Motion made by Will Overkamp to adopt the resolution, supported by Amy Haack.
Roll call AYES: Vanderstelt, Haack, Overkamp, Pope, Rothenberger and Stone.
NAYES: None. With a unanimous vote the motion carried.

11. Update on Planning Commission and ZBA Resolution
Per our attorney Dave Bossenbroek, Jeremy is unable to be on the Zoning Board of Appeals or the Planning Commission due to state law. We need 1 more member for each of those Committees.

12. Golf Cart Resolution
Dave Bossenbroek explained the Golf Cart Resolution, the attached rules and regulations and the registration form. He read the resolution and explained that Third Avenue and Pontaluna Road are excluded from this resolution. Motion made by Will Overkamp to adopt the resolution, supported by Amy Haack.
Roll call AYES: Vanderstelt, Haack, Overkamp, Pope, Rothenberger and Stone.
NAYES: None. With a unanimous vote the motion carried.

13. Lighting in the Park
Roger reviewed the costs and current donations that we have for the Park. A discussion took place on funding the remainder of the project. Jeremy gave an update of the project and payment process. Motion made by Carl Rothenberger to use General Fund money for costs not covered by donations and proceed with the project, supported by Donna Pope.
Roll call AYES: Vanderstelt, Haack, Overkamp, Pope, Rothenberger and Stone.
NAYES: None. With a unanimous vote the motion carried.

14. Boat Launch Attendant Update
Roger gave an update on the Boat Launch Attendant. Margo Hawkins will work over Coast Guard weekend and Labor Day.

15. Request from the Fruitport District Library for a Temporary Suspension of “No Dogs in the Park” for an event on Saturday July 29th.
Motion made by Amy Haack to lift the dog restriction for July 29th, supported by Donna Pope. With a unanimous vote the motion carried.

16. 2020 3rd Ave Road Project
Jeremy referred the council to the Prein & Newhof Professional Services Agreement for the 2020 3rd Avenue Road Project. A discussion took place on which fund will pay the fee. Motion made by Carl Rothenberger that the Professional Service Agreement be paid out of Major Street funds, supported by Donna Pope.
Roll call AYES: Vanderstelt, Haack, Overkamp, Pope, Rothenberger and Stone.
NAYES: None. With a unanimous vote the motion carried.

17. Public Comments:
Jay Bolt – 294 8th Ave questioned the resolutions that were adopted in the meeting. He questioned the difference between Norton Shores and the Village regarding Michigan Medical Marihuana Licensing Act. A discussion took place explaining that we voted on a resolution instead of an ordinance. State law requires a municipality to adopt an ordinance if they want to allow it.
Jay also questioned if you had to get a license to drive a golf cart. No per the rules and regulation.
Also questioned if you had to be a licensed driver to operate one. Yes per the rules and regulations.
He also questioned if the Village has liability if something happens. Dave Bossenbroek stated the Village has no liability, they have immunity if the state law is followed.

Jeff Guiles – 294 Maple has concern over the safety of the Playground. Carl Rothenberger said it is a topic for the Friends of the Park Group. He discussed using the Project Fund Water Tower to raise funds for the playground. It was suggested that Jeff attend the Friends of the Park Group meetings.
Jeff is also concerned about the kids at the High School and feels that 6th and Beech should be turned into a cul-de-sac. It was suggested that he contact Bob Szymoniak, Superintendent of Fruitport Community Schools. Carl Rothenberger suggested that he make the local police department aware of his concerns.

18. Closed Session to consider possible purchase of real property– Motion made by Roger to move to a closed session, supported by Amy Haack. Roll call to proceed with closed session at 8:07pm.
AYES: Vanderstelt, Haack, Overkamp, Pope, Rothenberger, and Stone. NAYES: None

19. Roll call to end closed session-Roll call to end closed session at 8:34pm AYES: Vanderstelt, Haack, Overkamp, Pope and Stone. NAYES: None (Carl Rothenberger left at 8:30pm).

20. WARRANTS– Motion made by Donna Pope to approve the warrants, supported by Bill Stone.
Roll call AYES: Vanderstelt, Haack, Overkamp, Pope and Stone.
NAYES: None. With a unanimous vote the motion carried.

21. Roger stated he would like to appoint Don Haack to the Zoning Board of Appeals. Motion made by Donna Pope to approve the appointment of Don Haack, supported by Bill Stone. With a unanimous vote the motion carried.

22. ADJOURN – Motion by Donna Pope to adjourn, supported by Bill Stone. With a unanimous vote the motion carried. 8:40 pm.

Respectfully submitted by,

Ann LaCroix
Clerk