Fruitport Charter Township Board of Trustees Meeting Minutes of October 26, 2020

A work session of the Fruitport Charter Township Board began at 6:30pm on Monday, October 26, 2020, in the township board room.

This meeting was also held virtually via Webex due to COVID-19 and gathering limitations.

Members Present: Heidi Tice, Supervisor; Andrea Anderson, Clerk; Rose Dillon, Treasurer; Trustees Greg Hulka, Jeff Jacobs (via WebEx from 2350 Edmonds Rd, Turner MI), 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: 13- residents; 2- employees; 5- guests; Director of Public Safety, Brian Michelli; Director of Public Utilities, Steve Biesiada; Ron Bultje, Attorney.

Rose Dillon moved, Terry Knoll seconded, MOTION CARRIED, to approve the minutes of October 12, 2020 as presented.

Ayes: Hulka, Winebarger, Dillon, Tice, Anderson, Knoll
Nays: None
Absent at time of vote: Jacobs

Terry Knoll moved, Rose Dillon seconded, MOTION CARRIED, to approve the agenda as presented with the following additions at the request of the Supervisor:

Item 7-D: Letter of Support for Casino Project
Item 8-G: Discussion of Letter from Muskegon County Farm Bureau

Ayes: Hulka, Winebarger, Dillon, Tice, Anderson, Knoll
Nays: None
Absent at time of vote: Jacobs

CORRESPONDENCE / REPORTS
1. Brian Michelli shared that both the Fire Department and Police Department assisted Norton Shores with personnel needed for the President of the United States’ visit to Muskegon; Fire truck repairs will be seen soon in the bills.
2. Steve Biesiada shared that Dave Wilkinson has retired from the DPW. Congratulations to Dave.
3. Rose Dillon shared that invoice 82219 regarding the legal fees for the Spruce Street special assessment district has been paid in full; Invoice for legal fees associated with the Cherette Group has been paid in full.

PUBLIC COMMENTS REGARDING AGENDA ITEMS:
1. Ron Cooper, resident, made mention of the boundary disagreement for the proposed DDA; feels that the Township is going to have increased expenses with growth, but no tax revenue to cover it; questioned if a tax break should be given to a developer.
2. Matt Farrar, resident, commented that the boundaries of the proposed DDA can be changed until the point of ordinance adoption; the area needs economic stimulus; a developer in a DDA would still be paying the normal rate of tax; the proposed development in the DDA area would be of low impact to Public Safety; DDA funds could be used to upsize utilities to further development rather than using township funds.
3. Zach Lahring, Muskegon County Commissioner, commented that there can be no growth without investment and with growth there would be an improved tax base that would result in increased tax revenue when a DDA ends; by the county not taking action it means that it has not opted out; a DDA would have good economic impact.

UNFINISHED BUSINESS:

20-105 DDA Discussion
• Jeff Jacobs would be more in favor of a cap rather than a decrease in size so that more area could take advantage of the benefits of the DDA.
• Heidi Tice shared a letter from the Muskegon County Administrator stating that during a Ways and Means Committee meeting not one Commissioner spoke out against a DDA with a sunset clause of 15 years and a $6.8M cap.
• Members of a DDA board serve without compensation.
• Decreasing the size of the district was discussed.
• Concern of development within a DDA causing an increase in public safety needs without extra funds to cover costs.
• A DDA does not have to be permanent.
• The DDA time frame will be established when the plan is developed and the DDA can be disbanded after goals have been reached.

20-106 First Reading: Downtown Development Authority Ordinance
Terry Knoll moved, Heidi Tice seconded, MOTION CARRIED, to redefine the boundaries in Exhibit A to be south of Sternberg, East of Harvey, west of Quarterline, and north of Pontaluna and have a first reading of the ordinance with the boundary changes.

Ayes: Hulka, Winebarger, Dillon, Tice, Anderson, Knoll
Nays: None
Absent at time of vote: Jacobs

This constitutes the first reading. Final action will take place at the next regular scheduled board meeting on November 9, 2020.

20-107 Letter of Support for Casino Project
Heidi Tice shared that the casino project has gained federal approval. It has been requested that the Township issue letters of support to the Midwest Regional Director of the Bureau of Indian Affairs.

Rose Dillon moved, Terry Knoll seconded, MOTION CARRIED, to authorize the Supervisor to send a letter of unanimous Board support to the Governor and Bureau of Indian Affairs.

Ayes: Hulka, Winebarger, Dillon, Tice, Anderson, Jacobs, Knoll
Nays: None

NEW BUSINESS:

20-108 Sale of DPW Truck
Steve Biesiada is seeking permission to sell a DPW truck that was replaced by a new truck and is no longer needed. Closed bids will be accepted.

Rose Dillon moved, Greg Hulka seconded, MOTION CARRIED, to authorize the sale of the truck.

Ayes: Hulka, Winebarger, Dillon, Tice, Anderson, Knoll
Nays: None
Absent at time of vote: Jacobs

20-109 Consideration of Impacts of the Executive Order
No need to develop a procedure, rather follow the guidelines given by those authorized to do so.

20-110 Blight Enforcement Ordinance Discussion
The Board asked that the Attorney draft an anti-blight ordinance that includes incomplete structures for which a valid building permit does not exist, making it a civil infraction.

20-111 First Reading: Zone Change Amendment Ordinance- Hts. Ravenna
Property owners are asking to rezone the south 300 feet of the north 600 feet.

On October 20, 2020, the Planning Commission made a recommendation to the Township Board to approve the zone change from R-4 Residential-Agricultural District to the B-2 General Business District for parcel number #61-15-112-100-0026-00 or 3523 Hts. Ravenna Rd., Muskegon, MI 49444. The change would be consistent with the Master Plan. This constitutes the first reading. Final action will take place at the next regular scheduled board meeting on November 9, 2020.

20-112 AMAR (Audit of Minimum Assessing Requirements) Results
Fruitport Township received a perfect score on the review.

20-113 Farm Bureau Letter in Support of 2 West Greenhouse
The greenhouse wishes to complete a building expansion, however doing so the way they have planned would not fit within building and fire regulations. The Muskegon County Farm Bureau has requested a compromise of the requirements to allow the greenhouse to continue with building plans.

The Public Safety Director spoke regarding fire code issues and not being willing to risk safety and waiver on the requirements of improved access to the back of the property and fire suppression. The proposed changes would make the business more non-conforming.

Greg Mason of Michigan Township Services commented that buildings used for retail sales are not exempt as agriculture and that the plans submitted by 2 West have incomplete details. The business has the option to take the request to the Construction Board of Appeals.

20-114 Payment of bills
Andrea Anderson moved, Terry Knoll seconded, MOTION CARRIED, to approve bills as presented for payment in the following amounts: General Fund $117,675.63; Public Safety $52,973.70; Water $106,304.73; Sewer $17,014.70; Trust & Agency $651.00; Street Lights $242.93
Totaling: $294,862.69

Ayes: Hulka, Winebarger, Dillon, Tice, Anderson, Knoll
Nays: None
Absent at time of vote: Jacobs

ADDITIONAL REPORTS: none

PUBLIC COMMENTS PART II:
1. Ron Cooper asked for clarification of the proposed DDA boundaries; concerned about multiplying public safety calls; says the amount of time that the DDA will exist is not agreed upon.

Terry Knoll moved, Greg Hulka seconded, MOTION CARRIED, to adjourn the meeting at 8:31pm.

Ayes: Hulka, Winebarger, Dillon, Tice, Anderson, Knoll
Nays: None
Absent at time of vote: Jacobs

ANDREA ANDERSON, CLERK
HEIDI TICE, SUPERVISOR