Fruitport Village

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