A work session of the Fruitport Charter Township Board began at 6:30pm on Monday, October 28, 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: 1- residents; 3- employees; 0- guests; Director of Public Safety, Brian Michelli; Director of Public Utilities, Steve Biesiada; Attorney Ron Bultje.
The motion by Terry Knoll, supported by Greg Hulka, was carried unanimously, to approve the minutes of October 14, 2019 as presented.
The motion by Rose Dillon, supported by Denise Winebarger, was carried unanimously, to approve the agenda as presented.
CORRESPONDENCE / REPORTS
1. Steve Biesiada reported that the water main coming to the water filtration plant is still doing ok with the rubble that has been put in place to protect it; the Smiley water tower is out of service while repairs are being completed.
2. Brian Michelli reported that the Police Department has made an arrest in connection with a local business robbery; an arrest has been made in connection with local vehicle break-ins; the Public Safety sign was redone as an Eagle Scout project by Ethan Selle.
3. Heidi Tice shared that local Trunk-or-Treat events are safe places to visit and stay out of the weather this Halloween season; Halloween at the Hall will be 3:30-4:30pm on Halloween.
4. Andrea Anderson shared a correspondence from the Old Newsies Goodfellows stating that they are closing their organization.
PUBLIC COMMENTS REGARDING AGENDA ITEMS:
1. Robert Huss, President of the Still Water Springs Home Owner’s Association, shared that he was there to support a potential Truck Route Ordinance.
Auditor Presentation of 2018/2018 fiscal year audit:
Eric VanDop from Brickley DeLong shared the annual audit report for the fiscal year ending March 31, 2019.
The Township ended the fiscal year with a $185,644.00 surplus in revenue over expenditures.
The Township’s OBEB liability was discussed. The Township’s OBEB fund is currently 26.9% funded, when the recommendations lean toward 40%. It is recommended that the Township continue to grow this fund.
The motion by Rose Dillon, Supported by Heidi Tice, was carried unanimously, to accept the audit as presented.
UNFINISHED BUSINESS:
19-125 Police Special Assessment District
The Board expressed interest in including a letter giving reason for the change along with the assessment stating that because Act 33 of 1951 was amended by the lame duck Michigan Legislature in 2018, to require that a special assessment under Act 33 of 1951 must be based on the taxable value of the property in the Special Assessment District and not based on the police protection provided in the prior year to the property, the Township Board has no alternative but to levy the special assessment accordingly (however, in future years, the Township Board intends to use a Cost Recovery Ordinance so that those property owners receiving the police protection will pay for those services).
Jeff Jacobs moved, Terry Knoll seconded, MOTION CARRIED, to adopt the Second Annual Resolution #3 to ratify, confirm, and adopt the special assessment roll for the Police Special Assessment for the Sherman Blvd and Harvey St corridors. The assessment is to be billed on December 1, 2019 and shall be payable on or before February 14, 2020.
Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Winebarger, Hulka
Nays: None
Full text of said resolution can be found on file in the Clerk’s office. Filed with documentation on SAD 2017-2.
19-126 First Reading: Law Enforcement Cost Recovery Ordinance
The ordinance would allow for the costs for law enforcement services above and beyond a specified amount to be recovered on an individual basis.
This constitutes the first reading. Final action will take place at the next regular scheduled board meeting on November 25, 2019.
19-127 Appeal from resident regarding attorney invoice
Mrs. Ferrier has been invoiced for attorney fees that were incurred during the processing of her request for change to the Spruce St. Special Assessment District. When she made the request, she made a commitment to pay the expenses associated with executing the change. Without the request for change, the township would not have incurred the attorney fees that have been invoiced to her. Given that the request came from Mrs. Ferrier, the costs incurred are her responsibility as well. The invoice will be re-issued.
19-128 Streetlight request: Kersting Dr/Danglwood Ct
At this time, power is unavailable in the desired location. The cost to trench from the current transformer would be $3,000-$6,000. If power becomes available in the future, the resident may submit a request again and the Board may reconsider.
19-129 Resolution so set Public Hearing date for Mt. Garfield Rd. special assessment district
The special assessment is proposed to be by parcel.
Andrea Anderson moved, seconded by Rose Dillon, MOTION CARRIED, to adopt the resolution declaring its intent to improve the roadway and to set the public hearing date for November 25, 2019.
Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Winebarger, Hulka
Nays: none
19-130 Consideration of a Truck Route Ordinance
Supervisor Tice would like the Board to consider a Truck Route Ordinance for the following roads:
Ellis from Airline to Brooks
Stringer from Sternberg to Farr
Kendra from Farr to Sheridan
Cooley from Sternberg to Cline
The motion by Heidi Tice, seconded by Greg Hulka, was carried 6-1, to draft a Truck Route Ordinance for consideration.
The Attorney was asked to draft the ordinance.
19-131 Approval to hire Joshua Wise to fill part-time Police Department clerical vacancy
Joshua Wise is a current Part-time Officer with the Police Department who has filled in at the desk from time to time. The Public Safety Director would like to fill the clerical vacancy with Officer Wise, keeping him at his Part-time Officer wages as he will be able to complete a number of tasks as a sworn Officer that a clerical person is not typically able to do.
Rose Dillon moved, seconded by Terry Knoll, MOTION CARRIED, to hire Joshua Wise to fill the Police Department clerical vacancy.
Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Winebarger, Hulka
Nays: None
NEW BUSINESS:
19-132 Employee Health Insurance
Options were presented for employee healthcare for 2020.
Jeff Jacobs moved, Terry Knoll seconded, MOTION CARRIED, to offer option 3 that included the Blue Care Network PCP Focus plan; to apply the rebate amount to the premium to bring it down to $481,499.46; and to continue the employee’s contribution of $55.00 per pay period.
Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Winebarger, Hulka
Nays: none
19-133 Sewer rate increase
The County Wastewater System has approved a wastewater treatment rate increase of 1% effective October 1, 2019. Fruitport DPW proposes to increase the customer rate 1%, from $3.87 to 3.91 per 1,000 gallons effective November 1, 2019; approved by the DPW Committee.
Terry Knoll moved, Jeff Jacobs seconded, MOTION CARRIED, to adopt the presented resolution and approve a sewer rate increase of 1% to match the increase from the County, effective November 1, 2019.
Ayes: Hulka, Winebarger, Dillon, Tice, Anderson, Jacobs, Knoll
Nays: none
19-134 Poverty Exemption Policy and Guidelines amendment
Two changes have been recommended to help ensure that Fruitport Township passes the AMAR audit:
1. 7 (II) The Asset Test- delete first paragraph as the state will not allow this language.
2. Delete the entire paragraph in number 8 as the state will not allow the Board of Review to deny a poverty exemption based on the applicant not meeting ordinance criteria such as debris, trash, junk cars, etc in yard/home.
Andrea Anderson moved, seconded by Rose Dillon, MOTION CARRIED, to accept the amendments to the Poverty Exemption Policy and Guidelines as presented.
Ayes: Hulka, Winebarger, Dillon, Tice, Anderson, Jacobs, Knoll
Nays: none
19-135 Resolution for Parks Department to roll over unused budget balance
Heidi Tice moved, Greg Hulka seconded, MOTION CARRIED, to adopt the resolution to roll over unused budget funds from fiscal year end March 31, 2019 into the new fiscal year end March 31, 2020 Parks and Recreation budget the balance amount of $17,283.00.
Ayes: Knoll, Anderson, Tice, Dillon, Winebarger, Hulka
Nays: Jacobs
19-136 Resolution to commit Public Safety fund balance
Terry Knoll moved, Rose Dillon seconded, MOTION CARRIED, to adopt the resolution to honor the Public Safety Committee’s recommendation to commit $445,000.00 of Public Safety Fund Balance for future capital improvement projects.
Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Winebarger, Hulka
Nays: None
19-137 Opioid Class Action Lawsuit
The matter was discussed, no opt-out motion was offered. By taking no action the Township will remain in the class.
19-138 Payment of bills
Andrea Anderson moved, Heidi Tice seconded, MOTION CARRIED, to approve bills as presented for payment in the following amounts: General Fund $11,319.25; Public Safety $7,580.26; Water $299,722.46; Sewer $1,231.03; street lights $14,720.45; Trust & Agency $2,688.54
Totaling: $337,261.99
Ayes: Knoll, Jacobs, Anderson, Tice, Dillon, Winebarger, Hulka
Nays: none
ADDITIONAL REPORTS:
1. Brian Michelli gave an update that the new cruiser is expected to arrive in December and that the Township may be able to finance at a rate near 3.75%.
2. Heidi Tice shared that the local Treasurers Association has invited the Township staff to participate in a cyber security workshop on November 26, 2019.
PUBLIC COMMENTS PART II: none
The motion by Terry Knoll, supported by Greg Hulka, was carried unanimously, to adjourn the meeting at 9:10pm.
ANDREA ANDERSON, CLERK
HEIDI TICE, SUPERVISOR