FRUITPORT CHARTER TOWNSHIP BOARD OF TRUSTEES
PROPOSED MEETING MINUTES OF AUGUST 24, 2009
A work session of the Fruitport Charter Township Board began at 6:30 p.m. on Monday, August 24, 2009, in the township board room.
Members Present: Brian Werschem, Supervisor; Carol Hulka, Clerk; Rose Dillon, Treasurer; Trustees Ron Becklin, David Markgraf, and Marjorie Nash. Members Absent: Trustee Chuck Whitlow
At 7:00 p.m., Supervisor Werschem opened the regular meeting with the Pledge of Allegiance.
Also Present: 9 - township residents, 2 -township employees, FAN reporter, Wiggins and Attorney Ron Bultje
The board meeting minutes of August 10, 2009, regular meeting, were approved, as presented
The motion by Marjorie Nash, seconded by Rose Dillon, was carried unanimously, to amend the board meeting agenda for August 24, 2009, by adding the following:
1. Agenda Item 7-A, Consider Debt Consolidation Contracts with Shelby State Bank
2. Agenda Item 13-A, Muskegon Municipal Wastewater Management Committee Request for Conflict Waiver
CORRESPONDENCE / REPORTS
August 18th Planning Commission minutesSupervisor Werschem submitted a request for a Governor’s Declaration of State of Emergency/Disaster within the Village of Fruitport and Fruitport Charter Township.
Muskegon Area District Library meeting minutes for June and agenda for August.
Information from Comcast regarding Emergency Services
PUBLIC COMMENTS
Ron Olmstead, Sheringer Road, asked if any disaster funds have been applied for since the wind storm on August 9th. Supervisor Werschem said that the clean up effort for the Village and Township has cost $150,000 so far. Thirteen million dollars in damage is the amount that must be spent for a disaster before help can be received.
UNFINISHED BUSINESS
09-113 Selling of Five Acre Parcel on Pontaluna Road (Foreclosure Property)
This item is tabled until the next meeting
09-114 Debt Consolidation Contracts with Shelby State Bank
The Township and Shelby State Bank are entering into various arrangements by which the Township will purchase two fire trucks and two pieces of real property with the assistance of Shelby State Bank.
(a.) The Township previously entered into a land contract for property at 5865 Airline in the amount of $95,000. The Township wishes to pay off the land contract and finance the purchase of that property through Shelby State Bank.
Ron Becklin moved, Dave Markgraf seconded, MOTION CARRIED, to adopt the Resolution substantially as presented by Attorney Bultje, and to authorize the Supervisor and Clerk to complete the transfer as described above.
Ayes: Becklin, Markgraf, Hulka, Werschem, Dillon, Nash Nays: None
(b.) The Township previously entered into a land contract for property at 5815 Airline Road in the amount of $285,000.00. The Township wishes to pay off the land contract and finance the purchase of that property through Shelby State Bank.
Brian Werschem moved, Ron Becklin seconded, MOTION CARRIED, to adopt the Resolution substantially as presented by Attorney Bultje, and to authorize the Supervisor and Clerk to complete the transfer as described above.
Ayes: Werschem, Becklin, Nash, Dillon, Hulka, Markgraf Nays: None
(c.) The Township is purchasing a 3,000 gallon tanker with financial assistance from Shelby State Bank.
Marjorie Nash moved, Ron Becklin seconded, MOTION CARRIED, to adopt the Resolution substantially as presented by Attorney Bultje, and to authorize the Supervisor and Clerk to complete the transaction with Shelby State Bank.
Ayes: Nash, Becklin, Markgraf, Hulka, Werschem, Dillon Nays: None
(d.) The Township previously purchased a fire truck at the cost of $386,960.00 on a lease through Fifth Third Bank. The Township wishes to pay off the contract and finance the purchase of the fire truck through Shelby State Bank.Dave Markgraf moved, Marjorie Nash seconded, MOTION CARRIED, to adopt the Resolution substantially as presented by Attorney Bultje, and to authorize the Supervisor and Clerk to complete the transfer as described above.
Ayes: Markgraf, Nash, Becklin, Hulka, Werschem, Dillon Nays: None
09-115 Private Road Maintenance—2829 to 2940 DeVowe Road(a.) The motion by Rose Dillon, seconded by Ron Becklin, was carried unanimously, to open the public hearing at 7:33 p.m. in order to review and hear any objections to the proposed special assessment roll for Street Special Assessment District No. 2009-1 / DeVowe Road.
(b.) Public hearing discussion- Property owners voicing their concerns were:
1. Terry White, 2905 DeVowe-- wants Road Commission equipment not private contractors to do the maintenance work on DeVowe.
(c.) The motion by Marjorie Nash, seconded by Dave Markgraf, was carried unanimously, to close the public hearing at 7:50 p.m. for private road maintenance on 2829 to 2940 DeVowe Road.
(d.) Dave Markgraf moved, Marjorie Nash seconded, MOTION CARRIED, to adopt Resolution #5, with changes, which approves the roll for Special Assessment District, 2829 to 2940 DeVowe Road in the amount of $1,082.92. Cost of the maintenance work is figured on a per foot basis.
Ayes: Markgraf, Nash, Dillon, Werschem, Hulka, Becklin Nays: None
09-116 Private Road Maintenance—2856 to 2956 DeBaker Road
(a.) The motion by Rose Dillon, seconded by Dave Markgraf, was carried unanimously, to open the public hearing at 7:55 p.m. in order to review and hear any objections to the proposed special assessment roll for Street Special Assessment District No. 2009-2 / DeBaker Road
(b.) Public hearing discussion- Property owners voicing their concerns were:
1. Margaret Willis, 2878 DeBaker-- asked if addition of new property is allowed on the assessment roll as there is a house on Broadway whose occupants use DeBaker. The answer is yes.
(c.) The motion by Dave Markgraf, seconded by Rose Dillon, was carried unanimously, to close the public hearing at 8:17 p.m. for private road maintenance on 2856 to 2956 DeBaker Road.
(d.) Rose Dillon moved, Carol Hulka seconded, MOTION CARRIED, to adopt Resolution #5, with changes, which approves the roll for Special Assessment District, 2856 to 2956 DeBaker Road in the amount of $1,405.95. Cost of maintenance work is figured on a per foot basis.
Ayes: Dillon, Hulka, Markgraf, Becklin, Nash, Werschem Nays: None
09-117 Private Road Maintenance—3580 to 3595 Sheringer Road(a.) The motion by Rose Dillon, seconded by Dave Markgraf, was carried unanimously, to open the public hearing at 8:19 p.m. in order to review and hear any objections to the proposed special assessment roll for Street Special Assessment District No. 2009-3 / Sheringer Road.
(b.) Public hearing discussion- Property owners voicing their concerns were:
1. Remove 3581 Sheringer from assessment roll.
(c.) The motion by Rose Dillon, seconded by Marjorie Nash, was carried unanimously, to close the public hearing at 8:30 p.m. for private road maintenance on 3580 to 3595 Sheringer Road.
(d.) Rose Dillon moved, Marjorie Nash seconded, MOTION CARRIED, to amend Resolution #3 (setting up a special assessment district for 3580 to 3595 Sheringer Road) by removing 3581 Sheringer Road from the special assessment district.
Ayes: Dillon, Nash, Becklin, Markgraf, Hulka, Werschem Nays: None
(e.) Dave Markgraf moved, Rose Dillon seconded, MOTION CARRIED, to adopt Resolution #5, with changes, which approves the roll for Special Assessment District, 3580 to 3595 Sheringer Road in the amount of $911.26. Cost of maintenance work is figured per parcel.Ayes: Markgraf, Dillon, Werschem, Hulka, Becklin, Nash Nays: None
NEW BUSINESS
09-118 Outdoor Wood Boiler Ordinance
The proposed Ordinance will adopt regulations concerning outdoor wood boilers, provide penalties for violations, repeal conflicting ordinances, and provide for the effective date of this Ordinance.
The First Reading of this Ordinance did not happen as the Board recommended sending the proposed Wood Boiler Ordinance back to Planning Commission for further consideration especially in the area of amount of acres a wood boiler can be located on (2 acres rather than 3 acres) and a slight reduction in set back requirements.
09-119 Eleventh Revised Water Rate Resolution
The revised resolution is to reduce the tap fee for non copper use and charge all customers equally by eliminating the non copper up charges.
Rose Dillon moved, Dave Markgraf seconded, MOTION CARRIED, to adopt the Eleventh Revised Water Rate Resolution establishing various water system charges and fees which are authorized by the Fruitport Charter Township Water System Rate and Administration Ordinance. The DPW Committee made the recommendation.
Ayes: Dillon, Markgraf, Hulka, Becklin, Nash, Werschem Nays: None
09-120 Renewal of Verizon Metro Act Telecommunications Right-of-Way Permit
The motion by Rose Dillon, seconded by Ron Becklin, was carried unanimously, to approve the renewal of Verizon’s Telecommunications Right-of-Way Permit, and authorize the Supervisor to sign the Unilateral Permit Form -- Right-of-Way Telecommunications Permit. The permit is issued under the METRO Act for access to and ongoing use of the public right-of-way to construct, install and maintain telecommunication facilities.
09-121 Muskegon Municipal Wastewater Management Committee Request for Conflict Waiver
The motion by Rose Dillon, seconded by Dave Markgraf, was carried unanimously, to waive any potential conflict of interest and consent to discussions with Attorney Mr. Piell regarding bonding matters for the new Master Contract for the Muskegon Municipal Wastewater Management Committee.
09-122 Payment of Bills
Marjorie Nash moved, Dave Markgraf seconded, MOTION CARRIED, to approve bills in the following amounts: General Fund: $5,151.20; Public Safety: $4,419.97; Water: 24,730.62$; Sewer: $2,994.04; Parks: $568.42 Total: $37,864.25
Ayes: Nash, Markgraf, Hulka, Werschem, Dillon, Becklin Nays: None
ADDITIONAL REPORTS – none received
PUBLIC COMMENTS – none received
09-123 Closed Session to Discuss Muskegon Heights Litigation(a.) Rose Dillon moved, Ron Becklin seconded, MOTION CARRIED, to go into closed session at 8:50 p.m. to discuss Muskegon Heights litigation.
Ayes: Dillon, Becklin, Markgraf, Hulka, Werschem, Nash Nays: None
(b.) The motion by Rose Dillon, seconded by Ron Becklin, was carried unanimously, to go back in open session at 9:02 p.m.
09-124 Muskegon Heights Litigation—Attorney
In the Muskegon Heights water litigation, both Norton Shores and Fruitport have their own attorneys working for the same result for their municipality.
Marjorie Nash moved, Ron Becklin seconded, MOTION CARRIED, to authorize the Supervisor and Clerk to enter into an agreement with Norton Shores regarding the Muskegon Heights water litigation in order to combine with Norton Shores and use the services of only one attorney--Norton Shores Attorney Jim Rose. The attorney fee will be split as follows: $90.00 per hour for joint work with Fruitport and Norton Shores each paying $45.00 per hour and $90.00 per hour for exclusive work with Fruitport and Norton Shores each paying $90.00 per hour.
Ayes: Nash, Becklin, Markgraf, Hulka, Werschem, Dillon, Nash Nays: None
Meeting was adjourned at 9:07 p.m.
CAROL HULKA, CLERK BRIAN WERSCHEM, SUPERVISOR
