Fruitport Charter Township Board of Trustees Meeting Minutes of July 27, 2020

A work session of the Fruitport Charter Township Board began at 6:30pm on Monday, July 27, 2020, 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: 6- residents; 1- employees; 1- guests; Director of Public Safety, Brian Michelli; Director or Public Utilities, Steve Biesiada; Attorney, Ron Bultje.

The motion by Terry Knoll, supported by Rose Dillon, was carried unanimously, to approve the minutes of July 13, 2020 as presented.

The motion by Denise Winebarger, supported by Rose Dillon, was carried unanimously, to approve the agenda as presented with the following change:

Remove George Manning until he can be present.

CORRESPONDENCE / REPORTS
1. Steve Biesiada reported that the new DPW truck has arrived; the Broadway lift station has a pump down, but is being repaired tomorrow.
2. Brian Michelli reported that the Fire Department parking lot repairs and sealing are in progress.
3. A report from the Muskegon County Equalization office was shared.
4. Heidi Tice shared a cell tower lease buyout opportunity; MSU Extension newsletter was shared; produce boxes are being given away on Thursdays through a farm to family program; Senior Power of Produce is happening at the farmer’s market.

PUBLIC COMMENTS REGARDING AGENDA ITEMS: none

UNFINISHED BUSINESS:

20-068 Second Reading: Prohibition Against Disturbing Public Order and Decency Ordinance
The proposed ordinances will be additional tools to be able to take immediate action rather than waiting for the Prosecutor and provide a quicker way to diffuse a situation within Fruitport Township.

Terry Knoll moved, Greg Hulka seconded, MOTION CARRIED, to adopt Ordinance 817, the Prohibition Against Disturbing Public Order and Decency Ordinance as presented.

This constitutes the second and final reading of Ordinance No. 817.

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

20-069 Second Reading: Resisting, Opposing, or Hindering a Law Enforcement Officer Prohibition
Jeff Jacobs moved, Denise Winebarger seconded, MOTION CARRIED, to adopt Ordinance 818, the Resisting, Opposing, or Hindering a Law Enforcement Officer Prohibition Ordinance as presented.

This constitutes the second and final reading of Ordinance No. 818.

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

20-070 Second Reading: Drug Paraphernalia Ordinance
Terry Knoll moved, Jeff Jacobs seconded, MOTION CARRIED, to adopt Ordinance 819, the Drug Paraphernalia Ordinance as presented.

This constitutes the second and final reading of Ordinance No. 819.

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

20-071 Harvey Street DDA
A DDA would develop a plan for improvements in a specified area. The plan would potentially increase the value of properties in the area and attract growth. The tax increments on the growth would be captured by the DDA.

The next step to begin the process would be to adopt a resolution to schedule a public hearing, declare the intent to form a DDA, and set boundaries.

20-072 Spruce Street Special Assessment
The topic of refusal of payment of invoice for attorney fees associated with altering the Spruce Street Special Assessment at the request of a resident was discussed. The option of taking the matter to court will not be worth the time and costs associated with it.

Terry Knoll moved, Heidi Tice seconded, MOTION CARRIED, to drop the pursuit of attorney fees associated with the alteration of the Spruce Street special assessment.

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

It is recommended that an escrow account be set up for any future similar situations.

20-073 Kris Collee, AgeWell Services, to present senior services plan
Kris Collee was present to share the plan for senior services funding to be allocated to AgeWell Services. She recommends getting started with memberships for our residents that would provide seniors with opportunities to access wellness programs, fitness, meals, art, outdoor activities, etc. A different formula would be looked at for next year if the COVID pandemic is over. The Safe Seniors Task Force is a future option. AgeWell is currently providing meals to 8 residents in Fruitport.

Heidi Tice moved, Terry Knoll seconded, MOTION CARRIED, to approve the concept presented by Kris Collee to use $31,700 of senior service millage funds to provide meals on wheels and senior wellness activities.

An agreement will be prepared and presented.

NEW BUSINESS:

20-074 First Reading: Zone Change Amendment Ordinance- Broadway
On July 21, 2020, the Planning Commission made a recommendation to the Township Board to approve the zone change from M-1 Commercial Industrial Park District to the R-1 Medium Density Residential District for parcel number #61-15-101-200-0004-00 or 3724 E. Broadway Ave., Muskegon, MI 49444. The change would be consistent with the Master Plan and make the property a conforming lot. This constitutes the first reading of Ordinance 820. Final action will take place at the next regular scheduled board meeting on August 10, 2020.

20-075 First Reading: Zone Change Amendment Ordinance- Sternberg
On July 21, 2020, the Planning Commission made a recommendation to the Township Board to approve the zone change from B-3 Service Business District to the R-1 Medium Density Residential District for parcel number #61-15-123-400-0003-00 or 2921 E. Sternberg Rd., Fruitport, MI 49415. The change would be consistent with the Master Plan. This constitutes the first reading of Ordinance 821. Final action will take place at the next regular scheduled board meeting on August 10, 2020.

20-076 Dirt Bike Nuisance Discussion
Complaints continue to come regarding the noise and dust created by dirt bikes being ridden in a residential neighborhood. A discussion on how to resolve the issue included the option to create an ordinance limiting nuisances causing an unreasonable breach of peace on lots smaller than a particular size. The board would like the Planning Commission to look for a solution.

20-077 Payment of bills
Andrea Anderson moved, Terry Knoll seconded, MOTION CARRIED, to approve bills as presented for payment in the following amounts: General Fund $22,672.60; Public Safety $19,106.46; Water $45,097.76; Sewer $10,226.03
Totaling: $97,102.85

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

ADDITIONAL REPORTS:
1. Brian Michelli shared that the August slip ‘n slide event is cancelled due to the COVID pandemic; interviews have been done for the 2 vacant Police Officer positions and offers have been given.

PUBLIC COMMENTS PART II:
1. Mary Race thanked the board for looking for a solution for the dirt bike nuisance problem. She brought a copy of a letter signed by 7 neighbors who are concerned about the situation.

The motion by Terry Knoll, supported by Heidi Tice, was carried unanimously, to adjourn the meeting at 8:45pm.

ANDREA ANDERSON, CLERK
HEIDI TICE, SUPERVISOR