Fruitport Charter Township Board of Trustees Meeting Minutes of June 24, 2019

A work session of the Fruitport Charter Township Board began at 6:30pm on Monday, June 24, 2019, in the township board room.

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

At 7:00pm, Heidi Tice opened the regular meeting with the Pledge of Allegiance followed by a prayer.

Also Present: 4- residents; 0- employees; 1- guests; Director of Public Safety, Brian Michelli; Director of Public Utilities, Steve Biesiada; Attorney Ron Bultje.

The motion by Denise Winebarger, supported by Terry Knoll, was carried unanimously, to approve the minutes of May 13, 2019 as presented.

The motion by Andrea Anderson, supported by Rose Dillon, was carried unanimously, to approve the agenda as presented.

1. Heidi Tice shared a letter from the Drain Commissioner to the Bureau of Indian Affairs regarding water/drainage concerns for the potential casino property- Jeff Jacobs suggested that she should have scheduled meetings to work with the Tribe for a resolution before now.
2. Steve Biesiada reported that lead and copper sampling is underway; the Water Authority is making progress in repairing the Smiley water tower leak.
3. Rose Dillon shared events from the time capsule ceremony and shared a resolution from the State of Michigan that was presented at the ceremony.
4. Heidi Tice shared that Fruitport Congregational Church will be burying a church time capsule and having an anniversary party on July 14th; the annual Fruitport Community Day and slip ‘n slide will be in Pomona Park on July 20th.
5. Andrea Anderson reported on cemetery improvements that have taken place and come in under budget- the dilapidated green garage has been torn down and 3 retaining walls throughout the cemetery have been replaced.



19-081 Approval to purchase turnout gear
The Fire Department budgeted for the replacement of 3 sets of turnout gear this year as part of the replacement plan. The bulk of the cost will come out of the Turnout Gear line account and any additional will come out of the Equipment line account.

Rose Dillon moved, Terry Knoll seconded, MOTION CARRIED, to authorize the Public Safety Director to purchase 3 sets of turnout gear for $7,030.50.
Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Winebarger, Hulka
Nays: none

19-082 Adoption: Zoning map amendment ordinance
Jeff Jacobs moved, Rose Dillon seconded, MOTION CARRIED, to adopt ordinance #810 to amend the Township’s zoning map by changing the zoning classification from R-4 Residential-Agricultural District to R-6 Single Family Residential for parcel number 61-15-134-200-0013-00 or 2034 Judson Rd., Spring Lake MI 49456 as recommended by the Planning Commission.

At a public hearing on May 21, 2019, the Planning Commission gave the following reason supporting the zone change:
1. Will make the property conforming.
2. Will make the placement of the existing house less non-conforming.
3. Will allow for easement to landlocked property.

This constitutes the second and final reading of Amendment Ordinance No. 810.
Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Winebarger, Hulka
Nays: None

18-083 Police SAD discussion
The purpose of the current assessment is to recuperate costs incurred. Recent legislation does not allow for the assessment to be based on volume of service, but rather must be based on taxable value, SEV, or square footage.
With this change, the Township must change the way we assess the district. The consensus of the Board is to assess based on square footage.

Jeff Jacobs moved, Terry Knoll seconded, MOTION CARRIED, to schedule a public hearing to reestablish the assessment roll on July 22, 2019.
Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Winebarger, Hulka
Nays: None


19-084 Land contract time extension for Porter Rd. Property
David Farhat was present as a representative for his brother and land contract holder, Daniel Farhat. In good faith, the Township allowed Daniel Farhat to purchase the nearly 40 acres of land on Porter Rd. on land contract for $99,900 in 2014. The April 2019 payment and May 2019 payoff were missed. Mr. Farhat has asked for a one year extension to pay off the property. Discussion of contract violation occurred regarding the property being logged and timber being sold for profit. Mr. Farhat explained that the area had a problem with diseased trees, therefore the land was cleared to avoid the spread of disease.

Jeff Jacobs moved, Denise Winebarger seconded, MOTION CARRIED, to extend the land contract for 1 year, payable by May 16, 2020; asserting that the April and July payments including interest on the missed quarterly payment will be made by July 1, 2019; no further trees are to be cut down unless approved by the Township Board; authority be given to the Supervisor and Clerk to execute the updated agreement.
Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Winebarger
Nays: Hulka

19-085 Discussion of possible on-site fuel
Representatives from the Township have met with Merle Boes regarding the possibility of on-site fuel tanks for unleaded and diesel. Between all Township departments, approximately $51,000 was spent in fuel last fiscal year. Having fuel on-site would save approximately $0.51/gal of unleaded and $0.57/gal of diesel, totaling approximately $13,000 annually. The tanks that have been discussed would be a 1,000 gallon unleaded and 500 gallon diesel, both of which are double wall, self-contained tanks. The Township would be responsible for a fuel management system to track usage. Liability insurance coverage would cost $159 annually.

Terry Knoll moved, Andrea Anderson seconded, MOTION CARRIED, to authorize Brian Michelli to move forward with obtaining the tanks and the requirements of such and to look into further pollution insurance possibilities.
Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Winebarger, Hulka
Nays: None

19-086 Approval of copper water service material supplier
Core & Main was the lowest bid out of 3, $10,956.

Andrea Anderson moved, supported by Terry Knoll, MOTION CARRIED, to authorize the Public Utilities Director, Steve Biesiada, to accept the low bid for copper service materials from Core & Main for the water & sewer department.
Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Winebarger, Hulka
Nays: None

19-087 Approval of new Metro Act permit for Zayo Group
Zayo Group, a fiberoptic broadband commercial internet provider, has requested a 15 year bilateral agreement with 3 5 year extensions. Attorney, Ron Bultje, recommends approving a 5 year unilateral agreement to provide more flexibility if needed in the future.

Jeff Jacobs moved, Rose Dillon seconded, MOTION CARRIED, to approve a 5 year unilateral Metro Act Permit for Zayo Group.
Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Winebarger, Hulka
Nays: None

19-088 Payment of bills
Andrea Anderson moved, Terry Knoll seconded, MOTION CARRIED, to approve bills as presented for payment in the following amounts: General Fund $18,480.47; Public Safety $46,918.84; Water $26,461.66; Sewer $2,607.11; T&A $645.00; Street lights $15,184.67
Totaling: $110,297.75
Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Winebarger, Hulka
Nays: none

1. Denise Winebarger suggests emailing the recent Marihuana ordinance to
2. Heidi Tice reported on high water affecting much of Fruitport.


The motion by Greg Hulka, supported by Denise Winebarger, was carried unanimously, to adjourn the meeting at 8:53pm.