Fruitport Village

Village of Fruitport – Council Meeting Minutes – 09/26/17

VILLAGE OF FRUITPORT
REGULAR COUNCIL MEETING
SEPTEMBER 26, 2017

1. Call to Order
President Roger Vanderstelt called the meeting to order at 7:00pm.

2. Pledge

3. Prayer

4. Roll Call
President: Roger Vanderstelt, Donna Pope, Amy Haack, Will Overkamp, Bill Stone and Carl Russell
Absent: Carl Rothenberger
Also Present: Dave Bossenbroek, Village attorney and Jeremy Statler DPW Supervisor

5. Approval of previous meeting minutes
August 22 meeting minutes, motion made by Amy Haack, supported by Donna Pope. With a unanimous vote, the motion carried.
September 5 Special meeting minutes, motion made by Carl Russell, supported by Amy Haack. With a unanimous vote, the motion carried.

6. Approve the agenda for September 26th Council Meeting
Motion made by Amy Haack, supported by Carl Russell. With a unanimous vote, the motion carried.

7. Public Comments
None

8. Correspondence
None

9. Reports from Officers
Donna reported that the library is doing well.
Amy gave an update on the Muskegon County Recreational Authority.
Carl nothing to report
Bill nothing to report
Will has a request from Jim Pansy, Village Pharmacy. Jim would like council members to consider being judges for the pumpkin carving contest on Monday October 30th at 5pm.
Several council members agreed to participate in the judging.
Roger reported at the last meeting the cost for the Carhart jackets and bibs was quoted at $278.40 the actual cost is $289.68 a difference of $11.28. Motion made by Donna Pope to approve the additional $11.28 charge, supported by Will Overkamp. With a unanimous vote the motion carried.

10. Lions Club Old Fashioned Christmas Request
Fred Younkers and Keith Johnson from the Lions Club are requesting to hold the Old-Fashioned Christmas on December 8th and 9th. They would need to set up on December 2nd and 3rd. The trees will stay up until the 6th of January. Burning of the tress will be at Fruitport Township. The Lions will provide leaflets for all of events. Motion made by Donna Pope to approve the Lions’ request, supported by Amy Haack. With a unanimous vote, the motion carried.

11. Drainage District
Amy Haack was requested by the council to do further research on the Maple Creek Drain issue. The following is a summary of Amy Haack’s report:
Haack stated the Maple Creek Drain in in need of repairs and that these repairs will cost money. However, the repairs needed don’t constitute establishing a very controversial drain district. Haack referred to Kuis Drain in Fruitport Township as an example of a very controversial drain district petitioned for by residents. Haack cited that the Michigan Drain Code was written in 1956 and is very old. She stated that it needs to be updated in order to make it fair and equitable for all.
Haack stated that the Drain Commissioner’s office has always been and is still useful in achieving drainage for properties that have no other means of getting to a drainage outlet. But, she stated, that the situation with the Maple Creek Drain is different in the fact that the drain already exists.
Haack stated that the impending need to have the Maple Creek Drain upgraded is due to the commercial development in Fruitport Township north of Pontaluna. These properties will add additional flow to the Maple Creek Drain and the drain needs to be upgraded to handle the additional flow. Haack stated that she would like to see the Village of Fruitport enter into discussions with the developers north of Pontaluna and Fruitport Township regarding drain improvements and how to equitably share the financial burden that comes with it.
Further discussion took place. Amy Haack made a motion to begin efforts to discuss the drain issue with Fruitport Township, the developers and property owners, support by Carl Russell. With a unanimous vote, the motion carried. Dave Bossenbroek suggests discussing with the Township first.

12. Fence in the Park
Donna Pope questioned who owned the fence that was removed in the Park at the last council meeting. The fence is owned by the Village and will be stored for later use.

13. 2020 3rd Avenue Fund
Roger discussed the balance in the 2020 3rd fund and monies available for street repairs and applying to the 2020 3rd fund. Roger, Carl Rothenberger and Jeremy feel that another road needs to be addressed. S. Brooks road needs repair. Carl Russell questioned if it can make it through the winter. Carl Russell questioned if we could do this year. Jeremy stated the paving company is busy but may be able to do it. Roger stated they will contact paving company. Carl Russell made a motion to table the discussion until the next council meeting, supported by Bill Stone. With a unanimous vote, the motion carried.

14. Snow Blower
Roger reviewed the snow blower repair history and estimated charge to repair the snow blower. The approximate cost is $1252.94. The cost for a new snow blower is $3375.06. Ann advised there are funds available in the Equipment fund to cover the cost of the new blower. Carl Russell made a motion to purchase a new snow blower not to exceed $3500.00, supported by Bill Stone. Roll Call AYE: Vanderstelt, Pope, Haack, Overkamp, Stone and Russell. NAYE – None. With a unanimous vote the motion carried.
Carl Russell made a motion to sell the old snow blower and put the funds received from the sale into the Equipment fund, supported by Bill Stone. Roll Call AYE: Vanderstelt, Pope, Haack, Overkamp, Stone and Russell. With a unanimous vote the motion carried.

15. Discussion on Regular Council Meeting date change
Roger asked that the monthly meeting date be changed back to the 3rd Monday of the month starting in December 2017. Discussion took place. Motion made by Donna Pope to change the monthly council meeting date to the 3rd Monday of the month starting in December 2017. AYE: Vanderstelt, Pope, Haack, Overkamp and Stone NAYE: Russell With a majority vote the motion carried.

16. Discussion on Future Projects
None

17. Public Comment
Donall Haack, 6771 S. Brooks, is opposed to the production of the Drainage district. Don is also concerned with the paving of Brooks road. He feels that the paving needs to be done but doesn’t want it to be rushed. He feels that the council should wait until spring and wants it done right.
Jen Anderson, 1695 S. Brooks, she is concerned about the Welcome to the Village sign at the end of Brooks and Bridge. She feels it is unsafe because it blocks the view of drivers. Jeremy suggests taking it down temporarily and raising it to a height that wouldn’t block the view of the road. Carl Russell makes a motion to accommodate the right height and location of the sign, supported by Will Overkamp. With a unanimous vote the motion carried.
Jay Bolt, 294 8th, shared that he is glad that we are getting new equipment for our DPW employees. The equipment the DPW employees use and drive impact how people see the Village. Jay also shared his opinion about the importance of the drain system, library, long term street improvement and the beautification of the Village.
Jeff Guiles, 294 Maple, expressed concerns about the Township and the Drain District. Dave Bossenbroek advised we will have to partner with the Township.

18. Closed Session to consider possible purchase of real property
Motion made by Donna Pope to move to a closed session, supported by Amy Haack. Roll call to proceed with closed session at 8:08pm. Roll call AYES: Vanderstelt, Pope, Haack, Overkamp, Stone and Russell. NAYES: None
Motion made by Carl Russell to leave closed session at 8:12, supported by Amy Haack. Roll call AYES: Vanderstelt, Pope, Haack, Overkamp, Stone and Russell NAYES: None
Additional Public comment made by Bill Cooper, 333 Pine St, Bill discussed a possible development in the Village of Fruitport. He gave an overview of potential plans.

Motion made by Carl Russell to move to a closed session, supported by Amy Haack. Roll call to proceed with closed session at 8:33pm. Roll call AYE: Vanderstelt, Pope, Haack, Overkamp, Stone and Russell. With a unanimous vote, the motion carried.

Motion made by Amy Haack to end closed session, supported by Donna Pope. With a unanimous vote, the motion carried at 8:41pm.

19. Warrants
Roger discussed the boat launch fund. We will be receiving $1305.00 from the sale of the old dock. After the boat launch warrants are paid there will not be enough funds in the boat launch for expenses between now and the end of the fiscal year March 31, 2018. He suggests that we transfer $2000.00 from the General Fund to the Boat Launch fund.
Motion made by Carl Russell to transfer $2000.00 from the General Fund to the Boat launch fund to cover expenses and the $2000.00 paid back to the General Fund in 2018, supported by Amy Haack. Roll call AYES: Vanderstelt, Pope, Haack, Overkamp, Stone and Russell NAYES: None
Motion made by Carl Russell to approve warrants, supported by Bill Stone. Roll call AYES: Vanderstelt, Haack, Overkamp, Stone and Russell NAYE – None

20. Adjourn
Motion made by Roger Vanderstelt to adjourn, supported by Carl Russell. With a unanimous vote, the motion carried at 8:47pm.

 

Respectfully submitted by,

Ann LaCroix
Clerk

Village of Fruitport – Special Council Meeting Minutes – 09/05/17

VILLAGE OF FRUITPORT
SPECIAL COUNCIL MEETING
SEPTEMBER 5, 2017

1. Call to Order
President Roger Vanderstelt called the meeting to order at 5:59pm.

2. Pledge

3. Prayer

4. Roll Call
Present: Roger Vanderstelt, Donna Pope, Amy Haack, Carl Rothenberger, Will Overkamp and Bill Stone. Carl Russell arrived at 6:02pm.
Also present: Dave Bossenbroek Village attorney, Jeremy Statler DPW Supervisor, Heidi Tice Fruitport Township Supervisor and Brenda Moore Muskegon County Drain Commissioner

5. Public Comment – None

6. Drainage District
Roger explained that Brenda Moore, Muskegon County Drain Commissioner contacted the Village about a drain issue that evolved from a new commercial development in Fruitport Township. A letter from an Engineering firm to Brenda Moore outlined the issues of the failing private drainage system in the Village. The Village is receiving the overflow water. The Village Council is considering a petition to do the work necessary to correct the situation. This petition would go to a Board of Determination. A drainage district would then be created and a special assessment for the costs would be established. Amy Haack questioned if the Board of Determination has ever denied a request for a drainage district. Brenda said yes but it was overturned. Carl Russell questioned the breakdown of costs. Brenda stated that the approximate breakdown is 20% Muskegon County, 10% between Fruitport Township (3%) and Fruitport Village (7%) and 70% divided among the affected property owners within the watershed area. The cost can spread over time (5-7 years or longer). The approximate project cost is $500,000. Brenda requested up to $5000.00 to be reimbursed if the project gets voted down. The $5000.00 would be rolled into the Village Special Assessment if the Board of Determination approves the petition. Additional discussion took place on the process. Brenda stated that the project would take 2 – 3 years and after completion the special assessment would apply. Amy agreed to research this further and made a motion to table it until the next council meeting, supported by Carl Russell. Roll Call AYE: Vanderstelt, Pope, Amy Haack, Carl Rothenberger, Will Overkamp, Bill Stone and Carl Russell. NAYE: None. With a unanimous vote, the motion carried.

7. Pine Tree in the Park by the Library
Roger passed out a picture of the pine tree in the park. It is near the septic system. He is asking to have it removed. Carl Rothenberger made a motion to have the tree removed, supported by Donna Pope. With a unanimous vote, the motion carried.

8. Fence in the Park by the Library
Roger explained that the Village is now taking care of the library grounds. He suggests taking down the fence to open the area and make it easier to maintain the grounds. Carl Rothenberger makes a motion to remove the fence, supported by Will Overkamp. Amy questioned what will be done with the fence. Donna wants to know who put up the fence. Jeremy will store the fence on site until it can be determined. With a unanimous vote, the motion carried.

9. Dock Update and Signage
Jeremy gave an update on the new dock installation and issues that were encountered. He answered questions from Amy about where the mistake was made and if it changes the warranty. The error was made by the company that built the docks and it will not affect the warranty.
Carl Rothenberger discussed quotes for reflective and non-reflective signs for the new dock. Carl Russell made a motion to transfer $600.00 from the General Fund to the Boat Launch Fund to pay for the cost of new reflective style signs for the boat launch dock, supported by Donna Pope. Roll Call AYE – Vanderstelt, Pope, Haack, Rothenberger, Overkamp, Stone and Russell NAYE – None.
With a unanimous vote, the motion carried.

10. Safety Winter Jackets
Carl Rothenberger displayed a high visibility safety coat for the DPW employees. The cost is $277.00 for 3 coats. Carl Rothenberger made a motion to purchase 3 coats, supported by Donna Pope. Roll call AYE- Vanderstelt, Pope, Haack, Rothenberger, Overkamp, Stone and Russell NAYE – None.
Carl Rothenberger stated there are also bibs. He gave the cost for 2 pair of bibs for the full-time employees. It was discussed to get a pair of bibs for the part-time employee too. The cost for 3 pair of bibs is 278.40 Motion made by Carl Russell to purchase 3 pair of bibs, supported by Carl Rothenberger. Roll call AYE: Vanderstelt, Pope, Haack, Rothenberger, Overkamp, Stone and Russell NAYE: None. With a unanimous vote, the motion carried.

11. Small Fir Trees in the Park
A discussion took place on removing the four small fir trees in the park. Prestige Landscape service will spade the trees out for free. They will fill in the holes and keep the trees. Motion made by Donna Pope, supported by Carl Rothenberger. With a unanimous vote, the motion carried.

12. Public Comment – None

13. Closed session to consider possible purchase of real property
Motion made by Carl Rothenberger to move to a closed session, supported by Amy Haack. Roll call to proceed with closed session 7:07pm. AYES – Vanderstelt, Pope, Haack, Rothenberger, Overkamp, Stone and Russell. NAYES – None

Motion made by Amy Haack to end closed session, supported by Donna Pope. With a unanimous vote, the motion carried at 7:44pm.

Motion made by Carl Russell to resubmit the real estate offer, not to exceed the original offer, contingent on having funds available with an amended property description of an extension of the eastern property line extending south to the water line of Modular Systems from Park Street to water’s edge of Spring Lake. Supported by Donna Pope. Roll call AYES – Vanderstelt, Pope, Haack, Rothenberger, Overkamp, Stone and Russell NAYES – None

14. Adjourn
Motion made by Carl Rothenberger to adjourn, supported by Bill Stone. With a unanimous vote, the motion carried at 7:55pm

Respectfully submitted by,
Ann LaCroix
Clerk

Village of Fruitport – Council Meeting Minutes – 08/22/17

VILLAGE OF FRUITPORT
REGULAR COUNCIL MEETING
AUGUST 22, 2017

1. Call to Order
President Roger Vanderstelt called the meeting to order at 7:01pm.

2. Pledge

3. Prayer

4. Roll call of the Board
Present: Roger Vanderstelt, Donna Pope, Carl Rothenberger and Bill Stone
Absent: Amy Haack, Will Overkamp and Carl Russell
Also present: Jeremy Statler DPW Supervisor and Brenda Moore Muskegon Country Drain Commissioner

5. Approval of previous meeting minutes:
July 18 meeting minutes, Motion made by Donna Pope, supported by Carl Rothenberger. With a unanimous vote, the motion carried.
August 1st Special meeting minutes, Motion made by Carl Rothenberger, supported by Donna Pope. With a unanimous vote, the motion carried.

6. Approve the agenda for August 22 Council Meeting: Donna Pope asked that library grounds maintenance be added to the agenda. Motion made by Carl Rothenberger to approve the agenda and to add the library ground maintenance to the agenda (added as Item 12a) supported by Donna Pope. With a unanimous vote, the motion carried.

7. Public Comment – None

8. Correspondence – None

9. Reports from Officers
Donna reported that we received a check from the Michigan Municipal League. The MML shares any excess money with the participating municipalities.
Carl Rothenberger stated we have more time to meet the deadline for having reflective road signs in place. We need to address at a future meeting. Carl also suggested removing the pine tree that is right outside of the library. It is 5 feet from the new drain field and it also obstructs the view. He strongly suggests removing it. He would like all council members to look at it and talk to the librarian about it. He asked that it be addressed at the next council meeting. Carl advised that the Personnel Committee is looking at creating a Compensatory Time Off policy. The Personnel Committee will write up a policy and present to the council for approval.
Bill Stone had nothing to report.
Roger had nothing to report.

10. Lighting in the Park Update
Jeremy Statler gave an update on the project. Work will begin next week. A discussion took place about the process and Jeremy stated the cost will not go up and may come in under budget. Jeremy also discussed a donation from the Lion’s Club that will be for the lighting.

11. Boat Launch Docks Update
Jeremy advised the new docks will be put in this Thursday and Friday. The boat launch will be closed from Thursday at 10am until Friday at approximately 3pm. Carl Rothenberger suggested that a sign be put on the changing room door at the boat launch. Motion made by Carl Rothenberger to purchase a sign for the changing room door and not to exceed $40.00, supported by Donna Pope. With a unanimous vote, the motion carried.

12. Drain District Request
Roger explained that the request evolved from a new commercial development that is being built in Fruitport Township. Drainage needs to go from that location to Spring Lake. Jeremy discussed a letter from an Engineering firm to the Muskegon County Drain Commissioner. The firm looked at the current route and an analysis was done because of the failing conditions. Brenda Moore, Muskegon County Drain Commissioner arrived at the meeting. Brenda discussed the failing drainage system and that the Village is getting the overflow water. She will need a petition from the Village Council to do the work necessary to correct the situation. The costs breakdown is 20% Muskegon County, 10% Fruitport Township and Fruitport Village and the remaining 70% divided among the affected property owners. The costs can be spread over time with a Special Assessment. A discussion took place to have a Special meeting on September 5th to address the Drain District Request. Motion made by Carl Rothenberger to have a meeting on September 5, 2017 to address the Drain District Request, supported by Bill Stone. With a unanimous vote, the motion carried.

A. Library Grounds Maintenance
Jeremy gave a cost breakdown for mowing the library lawn, trimming and fertilizer. Carl Rothenberger made a motion that the Village will mow, weed whip and do snow removal for the library at no cost to the library, supported by Bill Stone. With a unanimous vote, the motion carried.

13. Public Comment – None

14. Warrants – Motion made by Donna Pope to approve warrants, supported by Carl Rothenberger. Roll Call AYE – Vanderstelt, Pope, Rothenberger and Stone NAYE – None. With a unanimous vote, the motion carried

15. Adjourn – Meeting adjourned at 8:32pm

Respectfully submitted by,
Ann LaCroix
Clerk

Village of Fruitport – Special Council Meeting Minutes – 08/01/17

VILLAGE OF FRUITPORT
SPECIAL COUNCIL MEETING
August 1, 2017

1) Call to Order:
President Roger Vanderstelt called the meeting to order at 7:03 pm

2) Pledge:

3) Prayer:
Motion made by Carl Rothenberger for Jeremy Statler to take minutes in the Clerk’s absences, supported by Amy Haack. With a unanimous vote the motion carried.

4) Roll Call of the Council:
Present: Roger Vanderstelt, Donna Pope, Amy Haack, Carl Rothenberger, and Bill Stone.
Also Present: Dave Bossenbroek-Villagae Attorney and Jeremy Statler DPW Supervisor
Absent: Will Overkamp and Carl Russell

5) Approve the Agenda for August 1st Special Council Meeting:
Amendment made by Roger Vanderstelt to add 7A to discuss temporarily suspending “No Dogs in the Park” for a special event to be held on August 27th in the park. Motion made by Carl Rothenberger, supported by Amy Haack. With a unanimous vote the motion carried.

6) Public Comment:
None

7) Appointment of Jay Bolt to the Planning Commission:
Roger Vanderstelt nominates Jay Bolt to be appointed to the Planning Commission. Motion made by Amy Haack to appoint Jay Bolt to the planning commission, supported by Donna Pope. With a unanimous vote the motion carried.

A) Temporary suspension of “No Dogs in the Park” Ordinances 91.06 and 92.09 for a special event to be held on August 27th in the park:
Motion made by Amy Haack to approve, supported by Carl Rothenberger. With a unanimous vote the motion carried.

8) Public Comment:
None

9) Closed Session to Consider Possible Purchase of Real Property:
Motion made by Amy Haack to move into closed session, supported by Carl Rothenberger. Roll call vote to proceed with closed session at 7:10 pm.
Ayes: Roger Vanderstelt, Donna Pope, Amy Haack, Carl Rothenberger, and Bill Stone
Nayes: None
Motion Carries

Roll Call to End Closed Session:
Roll call to end closed session at 7:46 pm
Ayes: Donna Pope, Amy Haack, Carl Rothenberger, Bill Stone, and Roger Vanderstelt
Nayes: None
Motion Carries

Motion made by Amy Haack to accept the land appraisal and move forward with an offer based on the appraised price with the contingency of securing the funding, supported by Carl Rothenberger.
Ayes: Amy Haack, Carl Rothenberger, Bill Stone, Donna Pope, and Roger Vanderstelt
Nayes: None
Motion Carries

10) Adjourn:
Motion made by Carl Rothenberger to adjourn, supported by Donna Pope. With a unanimous vote the motion carried at 8:06 pm

Respectfully Submitted By,

Jeremy Statler

Village of Fruitport – Council Meeting Minutes – 07/18/17

VILLAGE OF FRUITPORT
REGULAR COUNCIL MEETING
JULY 18, 2017

1. Call to Order
President Roger Vanderstelt called the meeting to order at 6:58pm.

2. Pledge

3. Prayer

4. Roll call of the Board
Present: Roger Vanderstelt, Amy Haack, Will Overkamp, Donna Pope, Carl Rothenberger and Bill Stone.
Absent: Carl Russell
Also present: Dave Bossenbroek – Village attorney and Jeremy Statler DPW Supervisor

5. Approval of previous meeting minutes: June 27 meeting minutes, Motion made by Amy Haack, supported by Carl Rothenberger. With a unanimous vote the motion carried.

6. Approve the agenda for July 18 Council Meeting: Motion made Amy Haack, supported by Donna Pope. With a unanimous vote the motion carried.

7. Public Comments:
Henry Hartung, 80 N. 4th addressed the council about his application for a variance and his concerns over the delay in the process. His concerns were addressed by Dave Bossenbroek, Roger, Amy and Carl Rothenberger.

8. Correspondence
Ann – None

9. Reports from Officers
Donna – Asked Bethany Nettleton to give an update on the Library. Bethany advised that they are getting books processed, an IT person is working with them and they have over 875 cards.
Amy – The July meeting for the Friends of the Park Group was cancelled. The next meeting will be in August or September. She received information from Ann about the Doggie Waste Stations and will discuss dogs in the Park at a future Friends of the Park Group meeting. Amy also gave an update on the Muskegon County Recreation Authority. They are changing from an authority to a communications committee. She will attend their meetings.
Carl Rothenberger – None
Bill Stone – None
Will Overkamp – None

10. Adoption of Medical Marihuana Facilities Resolution
Dave Bossenbroek read the Resolution Regarding Medical Marihuana Facilities. Motion made by Will Overkamp to adopt the resolution, supported by Amy Haack.
Roll call AYES: Vanderstelt, Haack, Overkamp, Pope, Rothenberger and Stone.
NAYES: None. With a unanimous vote the motion carried.

11. Update on Planning Commission and ZBA Resolution
Per our attorney Dave Bossenbroek, Jeremy is unable to be on the Zoning Board of Appeals or the Planning Commission due to state law. We need 1 more member for each of those Committees.

12. Golf Cart Resolution
Dave Bossenbroek explained the Golf Cart Resolution, the attached rules and regulations and the registration form. He read the resolution and explained that Third Avenue and Pontaluna Road are excluded from this resolution. Motion made by Will Overkamp to adopt the resolution, supported by Amy Haack.
Roll call AYES: Vanderstelt, Haack, Overkamp, Pope, Rothenberger and Stone.
NAYES: None. With a unanimous vote the motion carried.

13. Lighting in the Park
Roger reviewed the costs and current donations that we have for the Park. A discussion took place on funding the remainder of the project. Jeremy gave an update of the project and payment process. Motion made by Carl Rothenberger to use General Fund money for costs not covered by donations and proceed with the project, supported by Donna Pope.
Roll call AYES: Vanderstelt, Haack, Overkamp, Pope, Rothenberger and Stone.
NAYES: None. With a unanimous vote the motion carried.

14. Boat Launch Attendant Update
Roger gave an update on the Boat Launch Attendant. Margo Hawkins will work over Coast Guard weekend and Labor Day.

15. Request from the Fruitport District Library for a Temporary Suspension of “No Dogs in the Park” for an event on Saturday July 29th.
Motion made by Amy Haack to lift the dog restriction for July 29th, supported by Donna Pope. With a unanimous vote the motion carried.

16. 2020 3rd Ave Road Project
Jeremy referred the council to the Prein & Newhof Professional Services Agreement for the 2020 3rd Avenue Road Project. A discussion took place on which fund will pay the fee. Motion made by Carl Rothenberger that the Professional Service Agreement be paid out of Major Street funds, supported by Donna Pope.
Roll call AYES: Vanderstelt, Haack, Overkamp, Pope, Rothenberger and Stone.
NAYES: None. With a unanimous vote the motion carried.

17. Public Comments:
Jay Bolt – 294 8th Ave questioned the resolutions that were adopted in the meeting. He questioned the difference between Norton Shores and the Village regarding Michigan Medical Marihuana Licensing Act. A discussion took place explaining that we voted on a resolution instead of an ordinance. State law requires a municipality to adopt an ordinance if they want to allow it.
Jay also questioned if you had to get a license to drive a golf cart. No per the rules and regulation.
Also questioned if you had to be a licensed driver to operate one. Yes per the rules and regulations.
He also questioned if the Village has liability if something happens. Dave Bossenbroek stated the Village has no liability, they have immunity if the state law is followed.

Jeff Guiles – 294 Maple has concern over the safety of the Playground. Carl Rothenberger said it is a topic for the Friends of the Park Group. He discussed using the Project Fund Water Tower to raise funds for the playground. It was suggested that Jeff attend the Friends of the Park Group meetings.
Jeff is also concerned about the kids at the High School and feels that 6th and Beech should be turned into a cul-de-sac. It was suggested that he contact Bob Szymoniak, Superintendent of Fruitport Community Schools. Carl Rothenberger suggested that he make the local police department aware of his concerns.

18. Closed Session to consider possible purchase of real property– Motion made by Roger to move to a closed session, supported by Amy Haack. Roll call to proceed with closed session at 8:07pm.
AYES: Vanderstelt, Haack, Overkamp, Pope, Rothenberger, and Stone. NAYES: None

19. Roll call to end closed session-Roll call to end closed session at 8:34pm AYES: Vanderstelt, Haack, Overkamp, Pope and Stone. NAYES: None (Carl Rothenberger left at 8:30pm).

20. WARRANTS– Motion made by Donna Pope to approve the warrants, supported by Bill Stone.
Roll call AYES: Vanderstelt, Haack, Overkamp, Pope and Stone.
NAYES: None. With a unanimous vote the motion carried.

21. Roger stated he would like to appoint Don Haack to the Zoning Board of Appeals. Motion made by Donna Pope to approve the appointment of Don Haack, supported by Bill Stone. With a unanimous vote the motion carried.

22. ADJOURN – Motion by Donna Pope to adjourn, supported by Bill Stone. With a unanimous vote the motion carried. 8:40 pm.

Respectfully submitted by,

Ann LaCroix
Clerk

Village Of Fruitport Meeting – June 27, 2017

VILLAGE OF FRUITPORT REGULAR COUNCIL MEETING
JUNE 27, 2017

1. Call to Order
President Roger Vanderstelt called the meeting to order at 7:00pm.

2. Pledge

3. Prayer

4. Roll call of the Board
Present: Roger Vanderstelt, Amy Haack, Donna Pope, Carl Rothenberger, Carl Russell and Bill Stone. Also present: Jeremy Statler-DPW Supervisor

5. Approval of previous meeting minutes:
May 23 meeting minutes, Motion made by Amy Haack, supported by Donna Pope. With a unanimous vote the motion carried.
June 6 public hearing minutes, Motion made by Amy Haack, supported by Donna Pope. With a unanimous vote the motion carried.

6. Approve the agenda for June 27 Council Meeting: Motion made Donna Pope, supported by Amy Haack. With a unanimous vote the motion carried.

7. Appointment of New Council Member to vacant seat. Motion made by Roger Vanderstelt, supported by Amy Haack to appoint William Overkamp as a member of the Council with his term expiring in 2018. With a unanimous vote the motion carried. William Overkamp was sworn in.

8. Council reappointment of Planning Commission Personnel. Roger Vanderstelt made a motion to appoint Jeff Jacobs, Mike Michelli and Dever Bendixsen to the Planning Commission for a term of 3 years as stated in the bylaws of the Planning Commission to expire on June 2020. He also clarified that we have appointed Carl Russell as the liaison to the Planning Commission with his term expiring in November 2020, supported by Haack. Discussion took place. Carl Russell questioned if there should be five members on the committee. He questioned if Jeremy could be on the Planning Commission and the Zoning Board of Appeals or would that be a conflict of interest. Carl Russell suggested contacting our attorney. Will Overkamp stated a concern of everyone’s term expiring at the same time. With a unanimous vote the motion carried. Additional discussion will be tabled until the July council meeting.

9. Public Comments: None

10. Candace Croswell Craft Show and Dog Nail Filing in the Park. Candace Croswell, Anne Marie Barn Boutique requested a temporary suspension of no dogs allowed in the park on August 12, 2017 for her event. She has a pet groomer willing to do free nail trimming for dogs. A pet station will be donated for the day. Motion made by Haack to allow the request and let the groomer come in on August 12, 2017, supported by Pope. With a unanimous vote the motion carried. A brief discussion took place about allowing dogs in the park. Amy stated that this was an item for the Friends of the Park Group.

11. Reports from Officers:
Donna gave an update that the library is doing great.
Amy distributed the Parks and Recreation meeting notes. The next meeting is July 10, 2017. Carl Rothenberger – Nothing to report.
Carl Russell – Nothing to report.
Bill Stone – Commented on the great job Bethany is doing at the library. Will Overkamp – Nothing to report.

12. Correspondence Ann advised that we recently completed the off year audit with our accountant. The garbage bills have been sent out and the delinquent garbage bills have been submitted to Rose Dillon to add to tax bills.

13. Update on Boat Launch Docks, Traffic study on 3rd and Pontaluna.
Jeremy Statler, DPW Supervisor stated we are still on schedule for August completion. Feel free to call him if you have any questions. Jeremy also discussed the Traffic study on 3rd and Pontaluna. The results very mimicking of the other study results, the speed limits are too low. Carl Rothenberger asked about signs for the other street. Jeremy said they are on hold so all could be done at the same time. Donna asked about the welcome to the village signs on Brooks Ave. Jeremy said they will all be done together possibly in the fall.

14. Circle Drive Line Painting
Roger asked if all council members went to review the lines. There are 3 options:
Grind them out and it may scar the road. Black paint over the top of the lines. Leave alone and let them fade away and don’t repaint next time.
Mr. Surridge spoke about his concerns over the lines. Motion made by Amy Haack, supported by Donna Pope to let the lines fade away and to reevaluate at a later date. With a unanimous vote the motion carried.

15. Golf Cart Purchase
A quote from US Golf Cart was in the board packet. Carl Russell questioned the ordinance and made a motion to send to the Planning Commission, supported by Bill Stone. Discussion took place, Bill Stone suggested looking into a UTV (Utility Terrain vehicle) as an alternative. Carl Russell asked if Jeremy could email how they would be using it. Jeremy stated going back and forth to the park. Carl Rothenberger thinks we can take time to research while figuring it out. With a unanimous vote the motion carried.

16. Fishing Pier on the end of 8th Ave
Jeremy reviewed a letter from the Village’s engineer regarding costs for a fishing pier at the end of 8th Ave. Discussion took place about parking and that it is technically the end of a road, Carl Russell suggested a possible guard rail or signs to stay off the rocks.

17. Medical Marihuana Facilities Discussion
Roger Vanderstelt stated we had a work shop and a public hearing regarding the request for a Medical Marihuana Facility within the Village of Fruitport. He reviewed the findings of an on- line and hand signed petition. Roger explained that our attorney said that if the village does not wish to allow medical marihuana facilities that decision can be done by resolution. If the Village wishes to allow medical marihuana facilities that decision must be done by amending the current ordinance. Amy Haack made a motion to decline adopting an ordinance to allow
Medical Marihuana Facilities within the Village of Fruitport and to request our attorney to draft a formal resolution to that effect, support by Bill Stone. Discussion took place. Carl Russell feels that responses were based on feelings not data, he doesn’t see the harm in it and see the benefits, and he also welcomes the business. Carl Rothenberger stated it was about the location within the Village. Bill Stone supports the people. Roll call Carl Rothenberger – AYE, Bill Stone – AYE, Donna Pope – AYE, Will Overkamp – AYE, Amy Haack – AYE, Carl Russell – NAY and Roger Vanderstelt – AYE. With a majority vote the motion carried.

18. Lighting in the Park
Jeremy reviewed the proposed Park Lighting diagram and quote. Bill Stone asked if this was the only quote we got. Jeremy discussed why he went with only one quote. A discussion took place about funding. Item to be tabled until the July meeting.

19. Boat Launch attendant Roger stated that Margo Hawkins has been the boat launch attendant for the last 3-4 years. She monitors the launch over the 4th of July weekend, Coast Guard and Labor Day. Roger made a motion to increase Margo’s wage from $10 per hour to $12 per hour, supported by Carl Rothenberger. With a unanimous vote the motion carried. Discussion took place about having a credit card reader at the boat launch. The item is tabled until the July meeting.

20. Public Comments:
Bethany Nettleton commented on the golf cart and gator. Questioned if you technically need an ordinance. Bethany also commented on the MMMLA and that the Planning Commission representative said there was not enough room in the Village.
Jason Kolkema was going to ask if we could table the request for Medical Marihuana Facilities until all of the information comes out. He understand nobody wants that stuff, they are concerned about property rights and zoning as well. People can change. Talked about opinion vs. data. Jason discussed crime in relations to the current caregiver law that is in place.
Roger stated the Council has made their decision.
Bill Surridge – Thinks the fishing pier is a great idea. Carl Rothenberger said we have looked into the safety down there and the goal is to make it safe.

21. Closed Session to consider possible purchase of real propertyRoll call to proceed with closed session at 8:27pm. AYES: Vanderstelt, Haack, Pope, Rothenberger, Russell, Stone and Overkamp. NAYES:None

22. Roll call to end closed session-Roll call to end closed session at 8:50pm AYES: Vanderstelt, Haack, Pope, Rothenberger, Russell, Stone and Overkamp. NAYES:None

23. WARRANTS- Carl Russell questioned the Asphalt Paving bill and if it was voted on. Russell questioned the policy for approving the bill. Several council members stated it was discussed in the budget meeting and was approved in the 2016-2017 fiscal year budget. Motion made by Carl Rothenberger to approve Warrants, supported by Amy Haack. With a majority vote the motion carried.

24. ADJOURN Motion by Donna Pope to adjourn, supported by Carl Rothenberger. With a majority vote the motion carried. 9:02 pm.

Respectfully submitted by, Ann LaCroix
Clerk