Fruitport Charter Township Board of Trustees Meeting Minutes of July 23, 2018

A work session of the Fruitport Charter Township Board began at 6:30pm on Monday, July 23, 2018, in the township board room.

Members Present: Heidi Tice, Supervisor; Andrea Anderson, Clerk; Rose Dillon, Treasurer; Trustees Todd Dunham, Jeff Jacobs, Denise Winebarger, and Greg Hulka Members Absent: none

At 7:01pm, Heidi Tice opened the regular meeting with the Pledge of Allegiance followed by a prayer.

Also Present: 18- residents; 2- employees; 5- guests; Director of Public Safety, Brian Michelli; Director of Public Utilities, Ron Langlois; Attorney, Ron Bultje.

The motion by Greg Hulka, supported by Denise Winebarger, was carried unanimously, to approve the minutes of July 9, 2018 as presented with the following changes:

Item 18-089: Remove “Additional discussion will occur at the next meeting”

Public Comments Part II: Greg Hulka requested additional details be added to comment #1. The following will be added; “After discussion, Supervisor Tice confirmed it was she who gave her friend a key to the building and staff allowed access to a computer to aid her in her work as an attorney. It was requested that the key be given back, to which Heidi said she would comply.”

The motion by Rose Dillon, supported by Greg Hulka, was carried unanimously, to approve the agenda as presented with the following correction:

Item #3: Minutes to approve are from 7-9-18

CORRESPONDENCE / REPORTS
1. The Community Day Slip ‘n Slide was successful and came with much positive feedback from the community. The next Community Day will be August 18th, 2018.
2. Walmart will be hosting a grand opening celebration on July 27th, 2018 at the Sherman location.
3. Rose Dillon shared that the Fruitport District Library ballot proposal wording states that it is a “new additional” millage because the Library has changed names, however it is the same amount as before so it is more of a renewal.
4. Brian Michelli shared that ladder testing has been completed on the fire engines. He also gave reminder to lock your vehicles at all times as there has been a number of break-ins in the area and throughout Muskegon County.
5. Ron Langlois reported that an individual tampered with and left a hydrant open dumping a large, but unknown amount of water. Water main has been installed on Broadway and testing will occur next week; construction on the project is set to go until October 12, 2018. 1,500 feet of water main has been installed at the site of the new high school project. The Eagle Scout hydrant post painting project is complete; with 19 people they were able to complete 97 posts in 4 hours.

PUBLIC COMMENTS REGARDING AGENDA ITEMS:
1. Linda Corinti: Inquired if the public is allowed to make comment or question during the Board’s discussion of an agenda item rather than only at the designated “Public Comment” portion of the meeting. She asked the legalities of a closed session portion of a meeting. She also inquired as to whom the Supervisor answers to for decisions made.

UNFINISHED BUSINESS:

18-092 Business registration discussion
Fruitport is one of the few municipalities that does not require business registrations. Benefits of business registrations were discussed and include allowing all departments (including Public Safety and assessing) to have the same information, prevents businesses from opening within a zone that does not allow that particular use, allows all Township departments to retain current contact information, and inform the appropriate departments of hazardous materials on site that may pose a danger in a public safety situation. The Fire Department would process the administrative needs of the registrations and complete ordinance enforcement. The fee for such registrations would not likely exceed $25 annually.

The motion by Jeff Jacobs, seconded by Todd Dunham, was carried unanimously, to request that the Planning Commission begin to develop the ordinance, working with the Public Safety Director to coordinate the details.

NEW BUSINESS:

18-093 POLC Labor agreement ratification
Concerns were heard regarding the language surrounding the removal of discipline from an employee’s file. The Attorney shared his opinion that a severe discipline such as a suspension should not be removed or loose validity after 5 years.

Todd Dunham moved, Heidi Tice seconded, MOTION CARRIED, to ratify the proposed POLC labor agreement, including the settlement proposal dated July 12, 2018.

Ayes: Dunham, Jacobs, Tice, Hulka
Nays: Anderson, Dillon, Winebarger

18-094 Old Newsies Goodfellows roadway solicitation
The Old Newsies Goodfellows of Muskegon County have requested that the Board allow them to stand on street corners to solicit donations throughout Fruitport Township on Saturday, December 1, 2018. They will provide the proper Certificates of Liability Insurance to the Township.

The motion by Andrea Anderson, supported by Greg Hulka, was carried unanimously, to accept the request, allowing the Old Newsies Goodfellows of Muskegon County to stand and solicit donations on street corners within Fruitport Township on December 1, 2018.

Such requests will be forwarded onto the Public Safety Director.

18-095 Sprint antenna’s on Airline water tower
Ron Langlois reported that Sprint would like to upgrade three (3) existing antennas and add three (3) additional antennas to the Airline water tower; revenue from rent would increase approximately $2,600. This change must be approved by Fruitport Township, the City of Norton Shores, and Muskegon County.

The motion by Rose Dillon, seconded by Denise Winebarger, was carried unanimously, to support the presented Sprint antenna project.

18-096 School Resource Officer
Brian Michelli presented a proposal to provide a School Resource Officer to the Fruitport School system. He has a verbal agreement from the school administration to support the position with $40,000/yr with a workspace on a four (4) year agreement. Having an Officer dedicated to the school would increase safety on campus, better the students’ perception of Law Enforcement through interaction, faster de-escalation of problems, and put Law Enforcement on the front end of issues such as bullying, vapping, drugs, sex, and threats.

The total cost, including benefits, for a senior Patrol Officer is approximately $87,635.00/yr.

The motion by Rose Dillon, seconded by Todd Dunham, was carried unanimously, to request that the Public Safety Director move forward with gathering information and bring a formal proposal back to the Board.

18-097 Sullivan Township Public Safety services agreement
Minor changes are proposed to be made to the existing agreement. The percentage based actuary in paragraph 3 no longer works due to Fruitport’s call volume growing more rapidly than Sullivan’s. A proposed change would provide Fruitport with $120,000 annually for services with an additional $10,000 to be placed in a restricted revolving line item for equipment purchase and replacement. This agreement would for 5 years; 2019-2023.

Rose Dillon moved, Heidi Tice seconded, MOTION CARRIED, to request the Public Safety Director to present the proposed agreement to the Sullivan Township Board for approval.

Ayes: Hulka, Winebarger, Dillon, Tice, Anderson, Jacobs, Dunham
Nays: none

18-098 Payment of bills
Jeff Jacobs moved, Greg Hulka seconded, MOTION CARRIED, to approve bills as presented for payment in the following amounts: General Fund $12,083.04; Public Safety $33,811.96; Water $10,579.48; Sewer $1,713.08; T&A $645.00; Street lights $14,753.54
Totaling: $73,586.10

Ayes: Hulka, Winebarger, Dillon, Tice, Anderson, Jacobs, Dunham
Nays: none

ADDITIONAL REPORTS:
1. Jeff Jaocbs requested that a resolution be prepared for the next meeting that would state that the Township Attorney would be present at any and all future mediations.

PUBLIC COMMENTS PART II:
1. Tammy Barnhard, 3561 Kersting Dr., requested that the Township sue the Muskegon County Drain Commissioner or file an injunction to stop work outside of the original boundary of the Kuis drain project. She asked what it would cost.
The Township Attorney addressed the Board stating that the cost is unpredictable, but the outcome would not be favorable for the Township for the following reasons: the Township would have to hire engineers that would have to provide scientific proof that the expanded district is not served by the Kuis Drain (proving the Drain Commissioner’s engineers wrong), the proper legal procedures to expand the Kuis Drain were followed by the Drain Commissioner, and the Township has no right to appeal when there was no intention to do so initially.

2. Alan Jagar introduced himself as a candidate running for State Representative and states that he will work to re-write the drain code.

3. Linda, Kersting resident wants to see the process of re-districting done over.

4. Zach Lahring introduced himself as a candidate running for Muskegon County Commissioner. He wants the Township to support the residents in the fight against the Kuis Drain project and the Muskegon County Drain Commissioner.

5. Brandon Popps introduced himself as a candidate running for Muskegon County Commissioner. He wants the Township to support the residents in the fight against the Kuis Drain project and the Muskegon County Drain Commissioner.

6. Greg VanWoerkom introduced himself as a candidate running State Representative.

7. Dale Martin, 3046 Danglwood Ct, shared his disapproval of the Kuis Drain project.

Ron Bultje, Township Attorney, addressed the Board, reiterating that it would be a waste of time and money for the Township to pursue a legal battle regarding the Kuis Drain that they don’t have a chance at winning.

Brian Michelli, Public Safety Director, reminded the public that the Kuid Drain construction workers are there to do the job they were hired to do by the Drain Commissioner and destruction of property or equipment will not be tolerated.

The motion by Jeff Jacobs, supported by Heidi Tice was carried unanimously, to adjourn the meeting at 9:22pm.

ANDREA ANDERSON, CLERK

HEIDI TICE, SUPERVISOR