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  2019 - COUNCIL MEETINGS (COMBINED)









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  REGULAR COUNCIL MEETING



JANUARY 16, 2019

CALL TO ORDER

Council president Deborah Lindley called the regular council meeting to order at 7:30 p.m. EST. Present in addition to Lindley were James Bracewell, Steve Slater and Blake O’Halloran. Paul Leonard Jr. was not in attendance.

ADOPT AGENDA

Bracewell moved, seconded by Slater to adopt the January 16, 2019 agenda as presented. Motion carried unanimously 4-0.

APPROVE MINUTES

O’Halloran moved, seconded by Slater to approve the minutes of the Regular Council Meeting of December 19, 2019 as presented. Motion carried unanimously 4-0.



PRESENTATIONS/RECOGNITION



COMMISSION REPORTS

BUILDING & ZONING: Bracewell reported that there is a complete listing of construction projects included in the packets. Building Inspector Bill Lambert said that Mr. Stiteler will be submitting a complete plan for completion of his home under construction on Oak. He said the foundation has been poured on the Hunter home on Reitz Place.



PARKS & BEACHES: Lindley thanked Slater for his written report that was included in the packet. Slater said he will provide a report in the packets on the conditions of the beach access points. He said that the Village has a park at Crescent and Royal, and has three parcels that are unimproved that could become parks. He reported that he started meeting with Arie Donkersloot of Donkersloot & Sons and David Wolf of Oselka Constructors to open up conversations regarding work that is being done on properties along the beach and he will be reporting on that in the future. The 5-year Parks & Recreation Plan expires at the end of the year, so he met with Abonmarche regarding a proposal to update the plan, and is waiting for a response from Mario Ortega of McKenna. He has also contacted Fleis & VandenBrink and has not heard back from them.



STREETS & WATER: Leonard was not in attendance to give a report.

POLICE: Lindley reminded residents that there is no snowmobiling allowed in the 42 Acres. There are signs posted that state “no motorized vehicles”. She said she has received several “scam” phone calls and warned residents to be aware of these “scam” phone calls.

She said she met with Rusty Bruesch from the Village of Michiana to discuss the police departments moving forward to make sure they are on the same page, and also discussed ways to continue to save money.

PRO SHOP & GOLF COURSE: O’Halloran reported that there were snowmobilers on the golf course when there wasn’t enough snow. He said there must be at least 4” of snow to use snowmobiles on the golf course. There is a system in place with a flag located near the tennis courts and the Village Hall. Snowmobiling is allowed when the flag is green and not allowed when red. He distributed an article to the Council regarding golf play being down in 2018 due to the weather. Grand Beach play was down 10% last year, but fortunately revenue was made up in other areas.



SERVISCAPE REPORT

Clay Putnam reported that equipment maintenance continues.





PERSONNEL REPORTS

SUPERINTENDENT: Superintendent Bob Dabbs had nothing to report in addition to his written report.



POLICE CHIEF: Police Chief Dan Schroeder told the Council that Village employees will have a CPR class on the morning of January 28th, and the class will be offered in the afternoon to Village residents. Interested residents can sign up for the class on the Village website.



BUILDING INSPECTOR: Building Inspector Bill Lambert had nothing additional to report.



BILLS TO BE PAID

Bracewell moved, seconded by Lindley to approve the payment of the bills with the written additions as presented. Motion carried unanimously 4-0.



UNFINISHED BUSINESS



GRANT – 42 ACRES

Lindley said she has been talking to Sheila McGinnis about ways to raise matching funds for the purchase of the 42 Acres. Residents have treasured this property for years and years and they want to pass it on for future generations to enjoy. She said the Village cannot buy the property without the support of the residents. Clerk-Treasurer Mary Robertson will send a thank you letter to everyone for donating and for tax purposes. The Council thanks everyone who has already donated and for future donations. Lindley said there is a lot of work to do to complete the grant process. Lindley said there is a lot of work to do to complete the grant process.



APPOINT PLANNING COMMISSION MEMBER TO VACATED SEAT WITH TERM ENDING AUGUST 31, 2019

Lindley said Planning Commission Chair Ray Kelly recommended Frank Giglio be appointed to the open position on the Planning Commission. Harry Walder also expressed an interest in serving on the Planning Commission and they will use his expertise. Bracewell moved, seconded by Lindley to appoint Frank Giglio to the Planning Commission to fill George Soper’s term ending August 31, 2019 and to include and invite Harry Walder to the meetings. Motion carried unanimously 4-0.



PARKS & RECREATION MASTER PLAN REVIEW UPDATE

Lindley said it is time to update the Village’s 5-year Parks & Recreation Master Plan which is necessary for applying for future grants. The current plan expires at the end of the year. Slater said that there should be two proposals for the next Council meeting for the update of the plan. The Council discussed the need to update the Village’s master plan and the possibility of getting proposals for both plans. Clerk-Treasurer Mary Robertson stated that the Planning Commission recently reviewed the Master Plan and determined that there was no need to update the plan at this time.



USE OF COUNCIL ROOM FOR SMALL PARTIES/EVENTS

Lindley explained that originally residents were able to use the council room as a warming station when ice skating. Now that larger gatherings are taking place in the council room, the Village needs to have procedures in place so we don’t run into problems similar to those that we’ve had upstairs.



TABLES, CHAIRS AND TABLE RACK FOR COUNCIL ROOM

Lindley said since the Council is expecting more use of the room, they want to make these items accessible to residents for their social enjoyment. Bracewell said the Council has to define how aggressive they want to be to allow the use of this room, keeping in mind that the Village does not have a full time manager to manage this

room and it is always put on the clerk or deputy clerk’s shoulders. He suggested that the next time the carpet needs to be replaced; it is replaced with some type of tile.



NEW BUFFALO TOWNSHIP PUBLIC SAFETY MILLAGE

Lindley asked New Buffalo Township Supervisor Michelle Heit to give information to the council regarding tax dollars paid by Village property owners and where the money is going. Michelle Heit addressed the Council to let them know how the township came to have two public safety millages, what they are used for, and how taxation works for Villages and Townships.



She said the first public safety millage generates almost enough to pay for the fire department budget which is a little over $200,000. The township contracts with Medic One for ambulance service at over 110,000 which was not covered by the first millage.



As the township has grown and with the casino coming, they contracted with the Sheriff’s Department for police protection at approximately $600,000 a year and the Local Revenue Sharing Board paid 70% of the cost until they decided approximately two years ago that they were not going to pay for the township police. The township placed a second millage proposal on the ballot to cover all of the public safety and it passed.



She said Villages are located within the township and they are taxed double by being taxed by the township and villages which is the way it is handled throughout the state of Michigan.



The township collects roughly $20,000,000 in taxes, and they keep $1,400,000 in the township. They collect for the county, schools and other entities, and those funds are passed on to them. The township’s operating millage is 2.8 mills. The Council asked questions in regards to tax dollars that the Village is paying to New Buffalo Township and what they get for the money. The Village receives fire and ambulance service through the township and police back up when needed. Heit said that the Village needs to let them know what they want. She will ask the sheriff’s department to show more presence in Grand Beach.



NEW BUSINESS



MCKENNA PROPOSAL FOR ASSISTANCE WITH GRANT REQUIREMENTS

Lindley explained that the Council received a proposal from Mario Ortega of McKenna for assistance with the completion of the grant acquisition procedures and after reviewing the manual she thinks that we do need assistance. The proposal offers a lump sum fee of $4,500 or $97 per hour for their services plus travel expenses. Bracewell moved, seconded by O’Halloran to continue our business relationship with McKenna for the scope of services to assist with the completion of the MDNR Acquisition grant process at a cost of $4,500 and to speak to McKenna about getting a new representative here. Motion carried unanimously 4-0.



LAURIE ROCHE – RESIGNATION FROM PARKS & RECREATION COMMITTEE

Lindley thanked Laurie Roche for her service as a Planning Commission liaison to the Parks and Recreation Committee and said that because of that committee’s hard work, we were able to receive a grant from the State for the purchase of the 42 acres. Laurie provided invaluable research and insight to the committee and we appreciate her service as we do for all members of the committee.

APPOINT PARKS & RECREATION COMMITTEE MEMBER TO FILL OPEN POSITION - TERM ENDING DECEMBER 31, 2019

Slater said there are significant things to do this year including updating the Parks & Recreation Plan and move forward on some of the things in the plan. He would like to add two positions to the committee.



Lindley moved, seconded by Bracewell to appoint Ed Trainor to fill the open seat on the Parks & Recreation Committee with a term ending December 31, 2019 and appoint Ed Brandes to the committee with a 2-year term ending December 31, 2020 and Amy Slater to a 3-year term ending December 31, 2021 as full committee



members. Motion carried unanimously 4-0. O’Halloran thanked the community for getting involved because there have been times when it was hard to find people to serve on the council and committees.



APPOINT PARKS & RECREATION SUBCOMMITTEE MEMBERS

Lindley explained at the start of the meeting that the Council will not appoint a subcommittee to the Parks & Recreation Committee.



COUNCIL MEETING ROOM USE CONTRACT

Lindley said a lot of questions came up last month regarding the use of the Council room. She said there were problems in renting the hall upstairs in the past before there was a plan, so it is important to have a plan for the Council room. O’Halloran moved, seconded by Slater to approve the Council Meeting Room Use Contract as presented. Motion carried unanimously 4-0.



IRRIGATION STUDY REPORT

Lindley thanked John Deaner for offering to head the task force regarding the irrigation study and thanked Bob Dabbs and Clay Putnam for all of their work on the study. Deaner said they studied everything with the main objective to get the pump house off the beach. Putnam reviewed the assessment contained in the report regarding the current irrigation system using a numerical value of 1-4 for the condition of different parts of the irrigation system. O’Halloran said that the numerical rating was not very good on any of these components with no points higher than a 2 which shows the urgency of what they’ve been looking at. He said they started this study so that the Village could have a secondary irrigation system, but now this idea might be the primary irrigation system.



Deaner said that he spoke with Peerless Midwest and in order to get 550-650 gallons of water per minute, they will have to go down 650’ with a well and there is less than 1% chance of hitting water that deep. They think the best place to put a pond for water storage is across from the maintenance building south of the 7th fairway.



They presented different plans with one plan at $278,000 with the Village doing much of the work. Another plan would include a brand new irrigation system with two wells and a pond at a cost of approximately $668,000. Another option was to use municipal water at approximately $43,000 per year. Deaner said the prices included are from one supplier, and they think they might come down if they go out to bid.



Lindley said when she looks at the numbers; it is one third of the Village budget. She said the purpose for looking at alternatives for the irrigation was in case the pump house fails. O’Halloran said if we lose the pump house, we might be paying $43,000 for the municipal water until the irrigation system is completed. He said there is a lot of value here to use going forward.



The committee recommends keeping the pump house, but suggested not spending a lot of money on it. They also recommend keeping the green pump house. They feel something should be done within the next five years.



ORDINANCE – PROHIBIT MARIHUANA ESTABLISHMENTS IN THE VILLAGE

Lindley said that this ordinance was given to the Village by the attorney. The Village attorney suggested that the Village opt out of marihuana establishments in the Village since the state does not have all of its regulations in

place yet. The ordinance will not prohibit the use of medical marijuana or the use of recreational marijuana in a resident’s homes, but will prohibit marijuana establishments in the Village. Lindley read the ordinance.

O’Halloran moved, seconded by Slater to adopt ordinance no. 2019-96 to prohibit marihuana establishments in the Village. Motion carried unanimously 4-0.







RESOLUTION #2019-01 - SET COUNCIL COMPENSATION

Lindley said at last month’s meeting the Council adopted resolutions to set compensation, but did not include new council members and those appointed in the resolutions. O’Halloran moved, seconded by Bracewell to adopt resolution #2019-01 to set Council compensation for all appointed council members and all Council members elected or reelected in 2020 and beyond. Motion carried unanimously 4-0.



PLANNING COMMISSION ANNUAL REPORT

Bracewell read the Planning Commission’s annual report. Lindley said the Council appreciates the work the Planning Commission does for the Village. Bracewell moved, seconded by O’Halloran to accept the annual report. Motion carried unanimously 4-0.



SCANNER/PACKETS

Lindley said a Village resident offered to purchase a scanner to scan meeting packets for the website, but the office copy machine is also a scanner and will be used. The packets will be put on the Village website, and in doing so, she suggested that the office no longer prepare hard copies of the packets, although there will be copies of the agenda available for the public at the meetings. Ed Trainor said he will assist in the process to make it as simple as possible and as visible as possible for tax payers that might not be here for the meetings.



HALL USE - COUNCIL MEMBERS AND EMPLOYEES

Lindley said it has been an unwritten policy that the Council members and employees are allowed to use the hall once a year while paying the cleaning fee, key deposit and providing insurance. Bracewell moved, seconded by Slater to allow Council members and Village employees to use the hall one time a year with no rental fee, but they will pay the cleaning fee. Motion carried unanimously 4-0.



HALL RENTAL REQUESTS - STEVE SLATER – JANUARY 25, 2019 and DENNIS ZAVESKY – MAY 4, 2019

Lindley moved, seconded by Bracewell to approve a hall rental request from Council member Steve Slater on January 25, 2019 and from employee Dennis Zavesky on May 4, 2019. Motion carried unanimously 4-0.



AUDIENCE RECOGNITION

John Deaner asked about having back up plans for funding the 42 Acres.



Frank Giglio thanked the Council for their vote to appoint him on the Planning Commission.



Ed Trainor applauded the council; past and present for all that they’ve done over the years.



CORRESPONDENCE



ADJOURNMENT

Lindley moved to adjourn the meeting. Motion carried unanimously 4-0.

With no further business, the meeting was adjourned at 10:05 p.m. EST.

Respectfully submitted,



Mary J. Robertson

Clerk-Treasurer


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  REGULAR COUNCIL MEETING



FEBRUARY 20, 2019

CALL TO ORDER
Council president Deborah Lindley called the regular council meeting to order at 7:30 p.m. EST. Present in addition to Lindley were James Bracewell, Paul Leonard Jr., Steve Slater and Blake O'Halloran.

Lindley apologized that the Council packets were not on the website because Police Chief Dan Schroeder fell and broke his leg and he takes care of the website. She said we will try and get this rectified in the future.

ADOPT AGENDA
Leonard moved, seconded by Bracewell to adopt the February 20, 2019 agenda with the addition of item 9(n) Golf Course Use Request -New Buffalo High School. Motion carried unanimously 5-0.

APPROVE MINUTES
Slater moved, seconded by O'Halloran to approve the minutes of the Regular Council Meeting of January 16, 2019 as presented. Motion carried unanimously 5-0.

PRESENTATIONS/RECOGNITION
None

COMMISSION REPORTS
BUILDING & ZONING: Bracewell read a letter that was received from an Attorney representing the Collins' regarding landscaping, ceilings and trim that they claim was damaged due to the construction of a new home. Bracewell said that they will take this under consideration and he will speak with Bill Lambert about it. Lambert has talked to the contractor about the landscaping that was damaged. Bracewell said they won't make a commitment to withhold an occupancy permit.

PARKS & BEACHES: Slater reported that there is a lot of rock on the beach at Royal for the Daley property and next to the Whitewood access. The Parks and Recreation Committee is trying to find out when the contractors will be working on the beach and when the access will be available.

Lindley said that former Council Member Frank Giglio sent out a flyer to residents about how they are releasing water from Lake Superior into Lake Michigan and Lake Huron. She thinks it might be a good idea for people to send letters to those in charge of releasing the water with their concerns about the water that is being dumped into Lake Michigan.

Slater said he asked Dave Wolf of Oselka Constructors if they could replenish the sand and how long it would last. He did a quick calculation and estimated the cost to be $20,000 to place about two feet of sand just at the Royal beach. Both Arie Donkersloot and Dave Wolf said with one big storm, it could all be gone. He said as frustrated as we all are about the lack of sand on the beaches, we will have to focus on keeping them clean and riding this out.

Bracewell asked about the appeal by a group of residents to the DEQ to allow work to go forward on lakefront properties. Slater said there is concern about some of the rock work that has been done and residents have appealed the decision to let it go forward. He said there are discussions between parties to release the appeals. There are discussions about if someone is going to put rock on the beach; do they have a responsibility to maintain it? There are beach maintenance and beach access issues, and basically lakefront owners have to do the work in front of their property, but other residents have beach rights and they want to use the beach and if there are excavators and dozers on the beach all summer, those are legitimate concerns.

Bracewell asked about the information contained in Slater's report about the pollution to the creek, and said that there have been studies done in the past and maybe this could be a New Buffalo Township crusade to take care of the creek. Slater said there is concern with the creek because kids play in it. O'Halloran said that they want to keep moving forward and keep the pressure on which is why the creek is listed under next steps on the Parks and Recreation Committee reports.

Leonard said most of the pollution in White Creek is originating in LaPorte County and he has called the EPA in Chicago and filed a formal complaint and also filed a complaint with Indiana Department of Environmental Quality and LaPorte County Department of Health. Marcy Hamilton of Southwest Michigan Planning Commission has been working with LaPorte County on it and they want to take care of it, but budgeting is a problem.

Lindley said that she admires the job that is being done by the committees, and stated that the committees are fact finding committees and she would be concerned with who is making calls to different agencies. O'Halloran said the calls would be made by either he or Slater.

STREETS & WATER: Leonard reported that on February 15 he received an email from the Michigan Municipal League which said there is a new state transportation grant that targets cities and villages with less than 10,000 people. The act will provide $3,000,000 per year thru 2023 to be allocated to cities and villages. He said the maximum annual grant is $250,000 with a minimum 50/50 match. He will fill out the application and sit down with Superintendent Bob Dabbs to come up with a plan for the request.

POLICE: Lindley said that Chief Dan Schroeder fell and broke his leg in two places and is currently in the hospital. She said that the Village is still protected and covered 100%.

PRO SHOP & GOLF COURSE: O'Halloran reported that he and Clay Putnam of ServiScape put together a budget for the golf course maintenance for the next fiscal year. Over the last few years they have created a list of equipment and are looking at what equipment needs to be replaced. Much of it has been updated, but they still need a finishing mower and a maintenance cart.

He said the Village is still waiting for permits for the armor stone at the pump house. He said we desperately need to protect our beach access point there, as well as the pump house. The Village applied for permits in September and still does not have the permits needed. We can't get on Donkersloot's schedule for the work until we get the permits.

SERVISCAPE REPORT
Clay Putnam reported that winter equipment maintenance is continuing. They have submitted their budget for next year and are seeking bids for materials, tools and equipment for the coming season.

PERSONNEL REPORTS

SUPERINTENDENT: In addition to his written report, Superintendent Bob Dabbs said that they have been plowing snow and pumping water from the park because the drain is plugged again. They will take care of it when the creek level goes down, but are currently pumping water across the 6th fairway.

POLICE CHIEF: Police Chief Dan Schroeder was not in attendance.

BUILDING INSPECTOR: Building Inspector Bill Lambert had nothing additional to report.

BILLS TO BE PAID
Lindley moved, seconded by Bracewell to approve the payment of the bills with the written additions as presented. Motion carried unanimously 5-0.

UNFINISHED BUSINESS

TABLES, CHAIRS AND TABLE RACK FOR COUNCIL ROOM
Lindley said Clerk-Treasurer Mary Robertson doesn't have any suggestions on tables and chairs, but would like to order new chairs for the council room and council members. Lindley thinks that we should consider having a monthly get together during the winter. Robertson will get prices for additional folding chairs and council member chairs for the next meeting.

NEW BUSINESS

CONSENT AGENDA
Lindley told the Council that using a consent agenda can save a little time by allowing the Council to approve several things in one motion. If there are questions that need to be addressed, the item can be removed from the consent agenda and discussed. Bracewell moved, seconded by O'Halloran to use a consent agenda in the future. Motion carried unanimously 5-0.

RULES OF PROCEDURE
Leonard moved, seconded by Bracewell to adopt the Rules of Procedures as presented. Motion carried unanimously 5-0.

LETTER OF SUPPORT TO MAJOR GENERAL MARK TOY
Lindley thanked resident Brian Byrnes of New Buffalo Shoreline Alliance for writing a letter of support to Major General Mark Toy. Leonard moved, seconded by Slater to send the letter. Motion carried unanimously 5-0.

APPOINT PARKS & RECREATION COMMITTEE MEMBER - TERM ENDING DECEMBER 31, 2021
Slater said that Sheila McGinnis is very passionate about the 42 Acres and asked to serve on the Parks and Recreation Committee, and she will be on point for the 42 Acres and has already started working with Lindley to compose a letter and will be arranging a Q & A session and communicating to the residents to get donations.

Slater moved, seconded by Lindley to appoint Sheila McGinnis to the Parks & Recreation Committee with a term ending December 31, 2021. Motion carried unanimously 5-0.

PARKS & RECREATION MASTER PLAN UPDATE PROPOSALS
Slater said that the Village cannot apply for grants without a Parks & Recreation Master Plan. This is a document that gives us leverage to apply for state and federal grants. The plan needs to be updated by the end of the year to stay in compliance.

He contacted Fleiss & VandenBrink for a proposal, but never heard from them. He received proposals from Abonmarche of $6,500 and McKenna proposed 3 different plans with the one that aligns best with Abonmarche's proposal at $5,750. Abonmarche will also assemble a 2020 DNR grant application for projects that we want to do in 2020. He said when looking at the 2 proposals, they are pretty much the same, but based on the proposal and timeliness of the proposal, Slater moved, seconded by Leonard to approve a proposal from Abonmarche in the amount of $6,500 subject to tweaks in their schedule. Motion carried unanimously 5-0.

POKAGON FUND GRANT - 42 ACRES
Lindley said that Clerk-Treasurer Mary Robertson had recently communicated with Janet Cocciarelli of the Pokagon Fund and the Village has $58,000 that we can apply for in matching funds with a two to one match requirement. Lindley said that we have the match from donations received for the 42 Acres. We have to write a letter of intent and then apply for the grant funds. She would like to use those funds for the purchase of the 42 Acres, and by doing so we can show the residents that we are trying to find money elsewhere for the 42 Acres.

Leonard moved, seconded by O'Halloran to authorize Lindley to write the letter to apply for a grant from the Pokagon Fund to be used for the purchase of the 42 Acres. Motion carried unanimously 5-0.

AUTHORIZATION TO SEND OUT LETTER REGARDING MATCHING FUNDS FOR PURCHASE OF 42 ACRES
Lindley said that she and Sheila McGinnis would like to get a letter out to every resident asking for donations to help with the purchase of the 42 Acres. She wants the residents to know that the 42 Acres includes the driving range and other land. They also want to do a follow up with phone calls after everyone gets here for the summer, a summer fundraiser and a GoFundMe page for people that live outside of the Village. Residents would make their donations directly to the Village. She suggests that everyone tell their neighbors and spread the word about the 42 Acres. Other ideas include naming rights for the trails or donation tiers with your name on a leaf. If you have other fundraising ideas or questions, send emails to Lindley at dlindley@grandbeach.org.

Leonard moved, seconded by O'Halloran that the Council delegate Lindley as President of the Council and Sheila McGinnis as the point person for the Parks & Recreation Committee the discretion to write letters to residents and second homeowners as frequently as they deem appropriate, to schedule and organize Q & A sessions, to write newspaper articles and create any type of communication and fundraising efforts as needed. Motion carried unanimously 5-0.

GALIEN RIVER SANITARY DISTRICT VACUUM TRUCK - CLEAN STORM DRAINS
Leonard moved, seconded by O'Halloran to have the Galien River Sanitary District or Berrien County truck vacuum out the larger drywells in the Village at a cost not to exceed $1,000 to be paid from Major and Local Street funds. Motion carried unanimously 5-0.

DRIVING RANGE & RECREATIONAL LEASE
O'Halloran moved, seconded by Leonard to approve the 1-year lease from Grand Beach Land Development for the driving range and recreational area from April 1, 2019 through March 31, 2020 at a cost of $1.00. Motion carried unanimously 5-0.

GOLF CART FEES
O'Halloran said that the golf cart fees will remain the same as last year.

GOLF FEES
O'Halloran said golf fees will remain the same as in 2018. He said that we have to compete with a lot of public golf courses and our fees are competitive and he wants to keep them competitive.

MOVE FUNDS IN CAPITAL PROJECTS FROM GARDENING AT 8TH HOLE TO GOLF COURSE IRRIGATION
O'Halloran explained that the Village has $8,700 set aside in the Capital Projects fund for the irrigation system and another $8,000 set aside in 2010, 2011 and 2012 for gardening near the 8th hole. He would like to move the
$8,000 to the irrigation fund so that there will be $16,700 available which will cover the cost of a test well.

O'Halloran moved, seconded by Leonard to move $8,000 in Capital Projects set aside for Gardening at 8th hole to Capital Projects set aside for Golf Course Irrigation. Motion carried unanimously 5-0.

HALL RENTAL REQUEST - AMY HANLEY, FEBRUARY 23, 2019
Lindley moved, seconded by Leonard to approve a hall rental request from Amy Hanley for February 23, 2019. Motion carried unanimously 5-0.

GOLF COUSE USE REQUEST - NEW BUFFALO HIGH SCHOOL
Lindley said that in the past New Buffalo High School used the golf course for cross country and golf and paid the Village $600, but they no longer need to use the course for cross country and they have offered to pay $400 for use by the golf team. O'Halloran moved, seconded by Lindley to allow the use of the golf course by New Buffalo High School at a cost of $400. Motion carried unanimously 5-0.

AUDIENCE RECOGNITION
Jack Stewart asked if the council could request that all equipment be removed from beach for the summer. Slater said this is under discussion and the Parks & Recreation Committee will bring beach rules and regulations to the Council next month.

O'Halloran told the Council that he asked Arie Donkersloot if we got our permits by March 15th for the pumphouse/beach project where that would put us, and he said starting the work sometime in April.

CORRESPONDENCE
Lindley mentioned the following correspondence was received.

Dennis Grether & Catherine Kelly - 42 Acres New Buffalo Shoreline Alliance Report
Pokagon Fund - 10th Anniversary - O'Halloran said they have given out $25M in grants which is incredible.

Leonard said that the amount of water coming into the Village during the polar vortex was much higher than what it is historically. He expects that at some point in the spring, he will get a call or email from someone asking for relief from their water bill. He said his answer will be no because taxpayers are not subsidizing the cost of water for people that aren't turning their water off when they are gone in the winter. If you are leaving during the winter months, please turn your water off.

Bracewell told those in attendance that John Kelly on Glenwood passed away last week, and asked that they please keep him in their memories.

ADJOURNMENT
Lindley moved, seconded by O'Halloran to adjourn the meeting. Motion carried unanimously 5-0.

With no further business, the meeting was adjourned at 9:04 p.m. EST.

Respectfully submitted,

Mary J. Robertson Clerk-Treasurer


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  SPECIAL COUNCIL MEETING



FEBRUARY 20, 2019

CALL TO ORDER
Council president Deborah Lindley called the special council meeting to order at 6:00 p.m. EST. Present in addition to Lindley were James Bracewell, Paul Leonard Jr., and Blake O'Halloran. Steve Slater was not in attendance.

ADOPT AGENDA
Bracewell moved, seconded by Leonard to adopt the February 20, 2019 special meeting agenda as presented.
Motion carried unanimously 4-0.

UNFINISHED BUSINESS
None

NEW BUSINESS CLOSED SESSION UNDER SECTION 8(H) OF THE MICHIGAN OPEN MEETINGS ACT TO CONSIDER ATTORNEYCLIENT PRIVILEGED MATERIALS
Lindley moved, seconded by Leonard to go into closed session under section 8(h) of the Open Meetings Act in order to discuss material exempt from public discussion and disclosure under state or federal statute, being a written memorandum from our Village Attorney.

Roll Call Vote
Blake O'Halloran, Aye
Paul Leonard Jr., Aye
James Bracewell, Aye
Deborah Lindley, Aye

Absent
Steve Slater

Motion carried unanimously 4-0.

Lindley moved, seconded by Leonard to return to open session at 6:47. Motion carried unanimously 4-0.

SUBSEQUENT COUNCIL ACTION
Leonard moved, seconded by Lindley that for as long as Police Chief Dan Schroeder is receiving workman's compensation benefits following an accident, the Village of Grand Beach will pay the difference between his normal salary less benefits utilizing sick and vacation pay for that purpose, and will continue to pay the difference between his normal salary and workman's compensation benefits for a period not to exceed four months. Motion carried unanimously 4-0.

AUDIENCE RECOGNITION
None

CORRESPONDENCE
None

ADJOURNMENT
Lindley moved, seconded by Bracewell to adjourn the meeting. Motion carried unanimously 4-0.

With no further business, the meeting was adjourned at 6:50 p.m. EST.

Respectfully submitted,


Mary J. Robertson
Clerk-Treasurer


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  SPECIAL COUNCIL MEETING



MARCH 2, 2019

President Deborah Lindley called the Special Meeting to order at 10:13 a.m. EST. In attendance in addition to Lindley were James Bracewell, Paul Leonard Jr. and Blake O'Halloran. Steve Slater was not in attendance.

Lindley moved, seconded by Bracewell to adopt the agenda as presented. Motion carried unanimously 4-0.

UNFINISHED BUSINESS:
None

NEW BUSINESS:

APPOINT INTERIM POLICE CHIEF
Lindley said until we know what is happening with Chief Dan Schroeder after his recent injury, we need someone that can fill in and file reports and do all that is legally required.

Leonard moved, seconded by Bracewell to appoint Sergeant Jamie Flick as the Interim Police Chief. Motion carried unanimously 4-0.

INTERIM POLICE CHIEF COMPENSATION
Lindley said the consideration for compensation for the Interim Police Chief will be temporarily during the four months that Dan Schroeder will be off. O'Halloran said that Flick has been and will be taking on additional duties and should be compensated for that. Lindley said that Flick will probably attend the March, April, May and June Council meetings.

Leonard moved, seconded O'Halloran to increase Interim Police Chief Jamie Flick's pay temporarily by $1.50 per hour retroactive to February 13th, 2019. This temporary increase will remain in place until June 30, 2019 when it will be reevaluated by the council. Motion carried unanimously 4-0.

DISCUSSION REGARDING MICHIANA AND GRAND BEACH POLICE SERVICES
Lindley told the Council that she has been meeting with Flick, Michiana's Police Chief and Police Commissioner to discuss moving forward with combined services. She feels from the feedback she has received that the shared services have been going very well.

Lindley said that Chief Schroeder told her that he plans to retire. Michiana asked her if Grand Beach wants to share expenses for the purchase of a new car. She said that the Council needs to think about how they want to move forward in regards to a Police Chief, and if they want to pay half of Chief Layman's salary and have him serve as Chief of both communities or if they want Grand Beach to have their our own Chief and hire an additional officer. She said if Grand Beach hires a Chief, we will have a Chief and two officers in each community. She wants the Council to start thinking about that and she doesn't want to move forward with Michiana until she knows what direction the Council wants to go. She said she has been very clear with them that Grand Beach wants to keep our own autonomy.

Jamie Flick said that he and Chief Ryan Layman have come up with a couple of different options and have been in contact with a police department on the other side of the state where three departments have been combined. He said that he thinks they formed a police authority. Flick said there are a lot of different directions in which we can go. Flick and Layman will have a phone conversation with that Chief next week.

Lindley said that when officers write reports to the state they use an ORI number to report, so when an officer is making a report they have to file two different reports with different ORI numbers for Michiana and Grand Beach and it was suggested that we give up our number, but she wants to keep our identity. Flick said they have a call in to the state about how it would work with the numbers if the services are combined.

Flick explained that he thinks that if there were a police authority there would be members representing each council. There could be two members from each community that could be council members or appointed by each council and a nonbiased person from outside each community. It is believed that both ORI numbers would be given up and a new number assigned. If there were problems with the agreement the old numbers could be retrieved and departments belonging to those numbers reestablished. He said the current schedule is working out well with five people.

Lindley said that this discussion would have moved forward even if Dan Schroeder was here because we have been working with the combined services for a year.

O'Halloran had concern about an authority and the idea that the Council as a whole would not have input on purchases and other expenses although they would still have fiscal responsibility. Leonard said the problem with having a committee that comes back to the Council instead of letting them make a decision is that you could end up in a deadlock between the two Councils. He said in order to make this work; everybody has to give up something.

Bracewell asked Flick to find out how two communities agree on an authority and how the budget works.

AUDIENCE RECOGNITION:
None

CORRESPONDENCE:
None

ADJOURNMENT:
Lindley moved to adjourn the meeting. Motion carried unanimously 4-0.

There being no further business, the meeting adjourned at 10:45 a.m. EST.

Respectfully Submitted,

Mary J. Robertson
Clerk/Treasurer


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  REGULAR COUNCIL MEETING



MARCH 20, 2019

CALL TO ORDER
Council president Deborah Lindley called the regular council meeting to order at 7:30 p.m. EST. Present in addition to Lindley were James Bracewell, Paul Leonard Jr., Steve Slater and Blake O'Halloran.

Lindley stated that we are in the process of finding an IT person to update our website and hope to have more information in April. She said the fundraising goal thermometer that is posted in the council room will track funds raised towards the $488,000 needed in matching funds for the purchase of the 42 Acres. To date we have received $128,750 in donations and she asked that everyone send their checks in to help the Village reach its goal to purchase the property.

ADOPT AGENDA
Leonard moved, seconded by Slater to adopt the March 20, 2019 agenda as presented. Motion carried unanimously 5-0.

ADOPT CONSENT AGENDA
  1. Approve Village Council Minutes:
    1. Special Council Meeting, February 20, 2019
    2. Regular Council Meeting, February 20, 2019
    3. Special Council Meeting March 2, 2019


  2. Pay Bills with Written Additions



Leonard moved, seconded by O'Halloran to adopt the consent agenda. Motion carried unanimously 5-0.

PRESENTATIONS/RECOGNITION
Lindley recognized Police Chief Ryan Layman from Michiana who was is in the audience.

COMMISSION REPORTS
BUILDING & ZONING: Bracewell reported that the project on Oak Street is going slow, but that he and Bill Lambert are in constant communication about it. The council received a letter about a home under construction on Ridge Road regarding damage to property and he said there are commitments from the owner and builders to bring everything back into the original condition when the house is finished. There was discussion regarding a trailer that has been parked at a new home site on Rhode Court for more than two years. The council felt that this was too long to allow a trailer to be parked, and mentioned that it looks horrible from the golf course.

PARKS & BEACHES: Lindley said she sent a letter of inquiry to The Pokagon Fund requesting a $58,000 grant out of municipal funds to be used towards the purchase of the 42 Acres. She plans to attend their April meeting.

Slater suggested a letter be drafted to the DEQ to redirect the mouth of White Creek which is now 30' south of the pier after a homeowner's association redirected it towards the pier. He said he talked to Arie Donkersloot to let him know that there are boulders on the beach at Royal and the ice is off the beach, so why can't they get rolling so they can get the work done and possibly avoid work in the summer. He didn't get an answer. There will be a kick off meeting on April 10 for the Parks and Recreation Master Plan.

Lindley reminded Slater that only council members or the Village Clerk should be reaching out to contractors, and committee members should not.

Bracewell discussed how progress on the beach has been slowed down because a group of people didn't like the DEQ's decision to issue permits for rock on the beach, yet they want the equipment and rock moved off the beach before summer. He said that the action of this group has slowed progress. He said that there are now two people that have stopped the progress on the Village's project at the pump house.

O'Halloran said we have not been able to get a permit from the DEQ for the pump house work for a couple of reasons. He said there are homes that are not yet protected along the lakefront and he will absolutely not close the Royal access as long as there are people out there who need to protect their homes. He said there were rules last year that contactors followed during the summer that seemed to work. He said Brian Byrnes circulated a report that said the lake level is going to be up another foot by the middle of July. He said everyone has to work together.

Leonard said the longer it takes to get permits, the more likely it is going to be that the rocks are going to be down on the beach past Memorial Day and maybe even the Fourth of July. He said the Village has no control over this process and it is not something that the council is doing or planning. Hopefully we can get our permit in the next month or so and get the rocks off of Royal Avenue.

STREETS & WATER: Leonard reported that he received notification from the state that the ACT 51 funds we received last year was incorrect. The state disbursed money based on projections and the projections were incorrect and as a result, the next couple of payments will be reduced to account for the error. The overpayment to Grand Beach was approximately $1,000, but much higher in larger cities. He is working on a grant for road construction through the State of Michigan and when he submits it there needs to be an authorization letter included. The council felt that as Street Commission, Leonard is authorized to write the letter.

POLICE: Lindley said that Chief Dan Schroeder is back in the hospital and will be going back into the assisted care facility soon. She said he would love to hear from everyone and asked people to send cards. If contacted, Clerk Mary Robertson will provide the address for cards.

She said that she was on a conference call Thursday with Michiana Police Commissioner Rusty Bruesch, Michiana Police Chief Layman, Interim Police Chief Flick, Swartz Creek, Mundy Township and the Chief for the Police Authority Board and discussed how they combined their forces into a Police Authority. They will report on the conversations and feasibility of a Police Authority in April.

PRO SHOP & GOLF COURSE: O'Halloran reported that there has been some vandalism done to a clock outside of the pro shop. He said they need to come up with a more secure plan for the cart chargers as they are very expensive. They have ordered merchandise for the pro shop for the new season.

He said he is unable to attend the budget workshop on Saturday, but wanted to let the council know that he and Clay Putnam have been trying to update equipment over the past few years and the Village is to the point where it needs to get a finish mower. The upcoming golf budget is currently $44,000 over budget, but the Village needs the finish mower and a used golf cart for rental at a cost of $3,000. He said even though nobody wants to increase the tax millage, he thinks it is unavoidable with the expenses associated with the problem with the golf course irrigation pump house, and all of the costs to protect the beach and many other expenses.

SERVISCAPE REPORT
Clay Putnam reported that winter maintenance is complete. They began painting and rehabilitating tee and green supplies. They are doing spring clean-up as weather and time permits.

PERSONNEL REPORTS

SUPERINTENDENT: In addition to his written report, Superintendent Bob Dabbs said leaf pick up will begin on April 1. They are going to paint the fence along Grand Beach Road although it needs to be replaced. They are going down to the beach to do some work. He said the only good access to the beach is on Whitewood, but there is a 6' drop off at the bottom of the stairs so they will try to put sand in at the bottom of the stairs. They need to do something so that they can get their equipment up and down, and reminded the council that the Village might need to purchase a piece of equipment with tracks in order to climb up from the beach.

Lindley said that she, Dabbs, Ben Zimont of the DEQ, Rebecca Hartman, and two engineers from Abonmarche had a two hour phone conversation on Thursday. She said when the Village started the permitting project to protect the golf course irrigation pump house and beach access last summer, they thought it would be done in October yet the Village is still waiting for the permits. Zimont did get back to her yesterday and said the Village will get a permit of some kind, but they're not sure yet what the permit will allow. She said the DEQ will probably need to do a site visit.

INTERIM POLICE CHIEF: Interim Police Chief Jamie Flick reported that things have been going very well, and the schedule has been working. On March 5 all employees in Michiana and Grand Beach took part in AED and CPR training and are now certified.

BUILDING INSPECTOR: Building Inspector Bill Lambert was not in attendance.

UNFINISHED BUSINESS

TABLES, CHAIRS AND TABLE RACK FOR COUNCIL ROOM
Bracewell moved, seconded by Leonard to purchase 28 chairs from Quill at a cost of $19.99 each for the council meeting room with funds coming from Capital Projects. Motion carried unanimously 5-0.

O'Halloran said that the council room is used once a month by the council unless there are other meetings held. He said residents have expressed an interest in using the room for different events. He said it is a nice room and he thinks it's a good idea to use the room for multiple events.

NEW BUSINESS

PROPERTY, LIABILITY & AUTO INSURANCE
Lindley moved, seconded by Bracewell to approve the property, liability and auto insurance renewal from the Michigan Municipal League at a cost of $28,784. Motion carried unanimously 5-0.

SOCIAL CLUB CONTRACT SOCIAL CLUB USE OF HALL & GROUNDS FOR FAMILY FEST - JUNE 29, 2019
Lindley moved, seconded by O'Halloran to approve the Social Club contract for 2019 and the use of the hall and grounds for Family Fest on June 29, 2019 as presented. Motion carried unanimously 5-0.

TASER TRAINING
Lindley explained that department heads can spend up to $500 without council approval. Interim Chief Flick explained that the Village receives training funds from PA 302 for each officer each year and the funds should be used for training. Lindley moved, seconded by O'Halloran to spend $495 for Officer Patrick Myers to attend training to become certified as a Taser trainer. Motion carried unanimously 5-0.

TREE REMOVAL BIDS
Bracewell moved, seconded by O'Halloran to approve the proposal from The Tree Mann for the removal of two trees at a cost of $1,140. Motion carried unanimously 5-0. There was a second proposal from Maple City Tree in the amount of $1,600.

LANDOWNER CONSENT LETTER TO ALLOW SURVEY WORK FOR HEMLOCK WOOLLY ADELGID
Lindley explained that there is a group that has asked for permission to do survey work on Village owned property to look for the Hemlock Woolly Adelgid which is causing damage to Hemlock trees. Clay Putnam said that he is not positive that there are any Hemlocks on the golf course, but he is going to ride the edge of the woods to see if there are any. He explained that this is a small insect that will inject its stingers into the base of the hemlock needles, and over a long time it can be detrimental to the tree. There is an insecticide drench that can be used around the trees.

Leonard moved, seconded by Slater to approve the landowner consent agreement to do the survey work for the Hemlock Woolly Adelgid on Village owned property. Motion carried unanimously 5-0.

Residents can contact the Clerk's office if they are interested in having the survey work done on their private property.

AUDIENCE RECOGNITION
John Deaner addressed the council about the golf carts that have been driving in the 42 Acres even though they are prohibited. He suggested issuing citations to the drivers to stop them and others from driving carts in the 42 Acres.

Frank Giglio addressed the council about the large expenditure that is planned for revetment work to protect the pump house. He has been here since 1973 and has seen the high water levels, and the pumphouse has withstood the storms. He suggested spending some of that money to construct a walking path along Royal Avenue to Station Road and replacing the drain that runs from the park and onto private property along Crescent Road.

O'Halloran told Giglio that the plan not only protects the pump house, but also protects the beach. The Village had a structural engineer design the project. He said the DEQ will not allow any rock to be added to the groins.

CORRESPONDENCE
Lindley mentioned the following correspondence that the council received.

FRANK GIGLIO - LETTER TO GOVERNOR GRETCHEN WHITMER REGARDING US 12 ROAD CONDITION AND TRUCK TRAFFIC
MARK NYSTUEN - 42 ACRES
MARY KATE & MARK BERTANE - 42 ACRES

ADJOURNMENT
Leonard moved, seconded by Bracewell to adjourn the meeting. Motion carried unanimously 5-0. With no further business, the meeting was adjourned at 9:08 p.m. EST.

Respectfully submitted,

Mary J. Robertson Clerk-Treasurer


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  BUDGET WORK SESSION



MARCH 23, 2019

Council President Deborah Lindley called the Budget Work Session to order at 9:10 a.m. EST in the Council Meeting Room at 48200 Perkins Blvd., Grand Beach, Michigan 49117 to discuss the November 1, 2019- October 31, 2020 Fiscal Year Budgets.

Present in addition to Lindley were council members James Bracewell, Paul Leonard Jr, Steve Slater and staff members Superintendent Robert Dabbs, Clerk-Treasurer Mary Robertson and Interim Police Chief Jamie Flick. Council member Blake O'Halloran was not in attendance.

ADOPT AGENDA
Leonard moved, seconded by Bracewell to adopt the agenda as presented. Motion carried unanimously 4-0.

NEW BUSINESS
The draft budgets for fiscal year 2019/2020 were discussed. Clerk-Treasurer Mary Robertson told those in attendance that the General Fund has a fund balance on October 31, 2018 of $857,397 which is equal to 10.6 months of operating expenses.

General Fund: Lindley said that the proposed General Fund budget for the last few years has been in the red, but we have put a lot of money into beaches, roads and also paid off a $135,000 water bond. The 2019/2020 proposed budget shows revenue over expenses for the year. Lindley attributed part of that to passing the cost of trash and recycle onto residents and a reduction in police officers with the retirement of Officer George Keeler in 2018.

There was much discussion regarding a suggestion by Slater to cut the police department budget by at least half in order to make needed improvements to the Village. Lindley said that she and Jim Bracewell will meet with Michiana's Police Commissioner, Police Chief and Interim Chief Jamie Flick to discuss the possibility and the associated savings of forming a Police Authority.

Clerk-Treasurer Mary Robertson went over each of the proposed budgets. The General Fund ended up with revenue over expenditures of $ 23,887. Included in the budget is a transfer to the Capital Projects fund in the amount of $113,800 for future purchases and projects, and $20,000 set aside in both parks and beaches for matching funds in the event that the Village receives grant funding in 2019/2020 that requires matching funds.

Water Fund: There was discussion regarding future needs in the Water Fund including replacing water meters that are approximately 20 years old. There was a suggestion to add a line item on the water bills to pay for the new meters that are expected to cost approximately $160,000 installed. The subject will be discussed at the April Council Meeting. Robertson suggested an annual increase of 3% on the water rates to keep up with the rising expenses.

The budget includes setting money aside to paint the water tower, move water lines on Ely and purchase new water meters. The budget shows a deficit of $78,985 for 2019/2020.

Golf Fund: Blake O'Halloran was not in attendance, but spoke to the Council at the March 20, 2019 meeting about the proposed Golf Fund budget and expressed the need for a trim/finish mower and a rental golf cart. With these two items included in the proposed Golf Fund budget, the Golf Fund will end up with a deficit of $17,575.

Local & Major Street Funds: There was discussion regarding paving and the possibility of receiving grant funds from the State of Michigan and the possibility of building a non-motorized path along Royal Avenue from the arch to Station Road. Robertson explained the need to spend 1% per year or 10% over a 10-year period of ACT 51 funding on non-motorized facilities which could include this path. She said the 2017/2018 audit will show what has been spent over the last 10 years to see what is required to be spent in the future. The Local Street Fund shows a deficit of $3,218 and the Major Street Fund shows revenue over expenses of $7,782 for the 2019/2020 budget year.

Building Inspection Fund: With no changes to the proposed budget, it shows a deficit of $2,900.

AUDIENCE RECOGNITION:

Ed Brandis spoke about allocating more funding for beaches. He also said that the Police Department is a big part of the budget and is not sustainable.

John Deaner suggested having landscapers register with the Clerk's office each year and check in each time they work in the Village. He talked about the need to have funding available in the budget for repairs to golf course irrigation and explained the cost of a test well on the golf course.

Brian Byrnes thanked the Council for all that they do and updated the Council on a recent meeting in Detroit in regards to the beaches and the New Buffalo Shoreline Alliance.

Ed Sebastian thanked the Council for all of their work on the budgets and told them that the beach is critically important and the budget should reflect that.

Joe Farwell thanked everyone for all that they do and said that he felt Steve Slater's memo was dead on and highlighted the way that the Council should think. He said that the golf course and beaches need to be separated in discussions and that one is not more important than the other.

Lindley moved, seconded by Bracewell to adjourn the work session. Motion carried unanimously 4-0.

With no further business, the work session was adjourned at 12:28 p.m. EST.

Respectfully Submitted,



Mary J. Robertson
Clerk-Treasurer


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  REGULAR COUNCIL MEETING



APRIL 17, 2019

CALL TO ORDER
Council president Deborah Lindley called the regular council meeting to order at 7:30 p.m. EST. Present in addition to Lindley were Paul Leonard Jr. and Steve Slater. James Bracewell and Blake O'Halloran were not in attendance as they were out of town.

ADOPT AGENDA
Slater moved, seconded by Leonard to adopt the April 17, 2019 agenda as presented. Motion carried unanimously 3-0.

ADOPT CONSENT AGENDA
a. Approve Village Council Minutes:
i. Regular Council Meeting, March 20, 2019
ii. Budget Work Session, March 23, 2019
b. Adopt Resolution to Collect Delinquent Property Taxes
c. Hall Rental Request - Kristen Patterson, September 21, 2019
d. Hall Rental Request - Mary Kenny, November 28, 2019
e. Pay Bills with Written Additions

Lindley moved, seconded by Slater to adopt the consent agenda. Motion carried unanimously 3-0.

PRESENTATIONS/RECOGNITION
Audit Presentation 2017-2018 - Kruggel, Lawton & Company LLC
Brian Hake of Kruggel, Lawton & Company LLC presented the Village's fiscal year 2017-2018 audit and issued an unmodified opinion, which is the highest rating they can give. He said there was a net change in the General Fund of a decrease of $3,830. Revenues were up slightly with the biggest revenue increase in contribution income for beach improvements and expenditures were up as well with expenses increased for the beach improvements. There was an increase of $83,000 for all funds combined. The General Fund has 10.6 months of expenditures which is a fairly healthy balance, but the balance has gone down over the years for many reasons. The Water Fund had a net increase of $65,000 and the Golf Fund was pretty close to a break even with a loss of $5,700. He said the rest of the statement is fairly consistent with other years.

Lindley said that the months of operating expenses went down from 13.1 months to 10.6 months with most of the change coming from expenditures for beach improvements.

COMMISSION REPORTS
BUILDING & ZONING: Bracewell was not in attendance.

PARKS & BEACHES: Slater said the Parks and Recreation Committee held a meeting last week and weren't able to get all of their documentation in for this meeting, so they will have a pretty robust report in May.

STREETS & WATER: Leonard reported that he submitted a grant request to the State of Michigan for a $25,000 matching fund grant. He said the Village is competing with many other Villages in the state for the available funds.

POLICE: Lindley said that she took all of the comments to heart from all of the letters and emails received. She discussed the changes and budget cuts to non-essentials that have been made to the police department in the past few years and the direction that the Council has been working toward. She said she wanted to show how the council

has given "a fulsome review of how we do our policing including the exploration of all reasonable alternatives".
She said that Section 2 of the Village Charter states that one of the Council's duties is "to protect the public peace and health and provide for the safety of persons and property". She said that in moving forward, the Council needs to decide the level of public safety needed to provide a safe environment.

She said that from 2017 to 2018 the Village saved $70,538 in police expenses and over the next two years the Village will save over $161,000. Lindley stated that the Village has valued and loyal employees that look out for the residents' interest and safety and she thanked them for that.
She talked about the many things that the officers do including enforcing building site complaints, patrolling the beaches when there are beaches, wellness checks, enforce golf cart rules and have even found squatters in homes in Grand Beach. Grand Beach officers have been first responders in emergency situations and have administered CPR and used a defibrillator when needed.

She said she meets frequently with Michiana's Police Commissioner and their Police Chief and our Interim Police Chief and recently had a telephone conference call regarding a Police Authority in order to look at the possibility of a Police Authority Board with Grand Beach and Michiana. There will be more information about the Police Authority Board at the May meeting. In regards to the Village's revenue which basically comes from property taxes, she said that in 1979 the Village taxed 17 mills and is down to 6 mills today. Clerk-Treasurer Mary Robertson explained that the decline in the millage rate is due to the Headlee Rollback which causes the millage rate to roll back each year. Lindley said as the millage rate goes down and home construction declines, our income will flatten.

Berrien County Undersheriff Chuck Heit told those in attendance that the County has had a contract with New Buffalo Township since 2007 when the Local Revenue Sharing Board was paying for the services through actual specific costs. He explained how the changes were made with the Local Revenue Sharing Board over the years which have caused New Buffalo Township to take over the cost of their police coverage. He explained that New Buffalo Township has a car on duty and if Grand Beach and Michiana aren't available for a call, New Buffalo Township would be the next police department to be called. The township car is the first car sent if local officers aren't available. He said he applauds Grand Beach and Michiana for what they are doing with shared services. Township Supervisor Michelle Heit said that the township's operating millage rate is .39. Because of the low operating millage, a second public safety millage was passed to help cover the cost of their police protection, fire department and ambulance service.

Slater said the genesis of some of the concerns and interest in this issue started because he is the new person on the Council and moving into the budget meeting he did his research. He knows that we have a close to balanced budget and he started looking at big ticket items and in his estimate, 40% of the budget is spent on police. He said an email was circulated that said that he wanted to get rid of the police force, but that is not what he said. He knew that there were things that we wanted to do in the Village and wondered how we could do those things. He thinks the council has done a good job combining police services with Michiana and he doesn't think residents have noticed any disruption in service. He said if status quo policing is the overall desire of the residents, we will have to look at how to pay for the other things that we need. He wants to provide public safety in the most efficient and cost efficient way.

Leonard said that he told Slater privately that his analysis was spot on regarding the budget. Our revenue is coming from property taxes and we don't have the ability to pass the costs on to the residents. There will come a

time in maybe 10 or 20 years down the road when people will have to ask where the money is going to come from to provide the services that they want. Leonard said we are barely able to cover our operating expenses and the council has been looking for ways to cut our expenses. Our revenue is derived from our real estate taxes and the revenue stays static and our expenses continue to increase for insurance, pensions and other costs. He said the police protection is very important in the Village, but it comes at a cost. We don't have places for new homes to be built so our tax revenue is not going to go up. He said nobody is talking about ending police protection in this Village and he is sorry that Slater's memo was taken as an effort to end police protection, because that is just not the case.
Slater said his goal is not to have contention, but to have a serious conversation not just involving the police department, but everything in the Village. He hopes the conversation can be continued.

PRO SHOP & GOLF COURSE: O'Halloran was not in attendance.

SERVISCAPE REPORT
Clay Putnam reported that spring cleanup is underway and routine maintenance has begun on a limited basis.
An arborist has recommended that the maple tree between #4 and #5 be taken down after a part of it came down over the winter.

PERSONNEL REPORTS

SUPERINTENDENT: In addition to his written report, Superintendent Bob Dabbs told the council that a trucking company dumped the wrong type of sand for the park, but will replace it with the correct sand.

INTERIM POLICE CHIEF: Interim Police Chief Jamie Flick reported that Grand Beach and Michiana handled 29 complaints between both areas. Grand Beach Police captured a suspect with a stolen car at the car wash in New Buffalo. He reported that Grand Beach and Michiana were working on a drug case and found a home in Michiana with crack cocaine and heroin. There was a discussion regarding the combined police reports, and Flick was asked if both departments could report under one number to the state, but use precinct or separate numbers to identify whether the call was in Grand Beach or Michiana.

BUILDING INSPECTOR: Building Inspector Bill Lambert reported that he has issued three permits for the year. He had a discussion with the Village Attorney and she will be in court on Thursday in regards to the Stiteler home under construction on Oak Avenue. He has cleaned up his site, but hasn't lived up to his progress schedule. If he doesn't show up in court, she will work with the judge to give him a time limit to complete the work. Lambert said he has been working with Clerk-Treasurer Mary Robertson on a list of violations on the Ruffner property on West McKean, and has been working with Hunter on Rhode Court about a trailer parked on his property. He has notified him that he sold the trailer and is moving things out of it.

UNFINISHED BUSINESS

NEW BUSINESS

Review Budgets 2019-2020
Lindley said that there is a work session held each March to work on the budgets, and a public hearing on the budgets will be held on April 30, 2019 at 7:00 pm EST for public input. The Council hopes to hold a special meeting on May 13 to adopt the budgets and millage rate, although that is dependent on whether the county gets


the figures to the Clerk-Treasurer regarding the millage rate. The budget has to be adopted by the first Monday in June of each year.

42 Acres Update
Lindley reported that we have raised $129,750 for the 42 Acres so far. The Village's letter of intent to request a grant in the amount of $58,000 was accepted by The Pokagon Fund, and we are now in the grant process. There will be a photo opportunity for all of the people that support and have donated towards the purchase of the 42 Acres and for those that would like to give their donation checks at that time. All are welcome for the picture. Check the website for the date and time. Sheila McGinnis said they are planning a fund raiser on July 20th in the hall to raise funds for the purchase, so anyone interested in helping with the fundraiser should contact her at fgbnp@gmail.com.

Golf Cart Batteries
Lindley tabled the discussion until O'Halloran is present next month.

Add Deputy Clerk Cheryl Cook to Bank Signature Cards
Leonard moved, seconded by Slater to add Deputy Clerk Cheryl Cook to the bank signature cards. Motion carried unanimously 3-0.

AUDIENCE RECOGNITION

Dave Krogh, Knob Hill - Was on a Fire Department and they combined a city and township fire department and it worked tremendously. Was a volunteer paramedic for 30 years and thinks it is very important to have a police department. He thinks the combination of two departments will work out well.

Mike O'Halloran, Marjeanette - Values our police officers and doesn't want to see the police department diminished any more than where we are now. He would like to know what the total cost would be to keep the police department, pay for the 42 Acres and update the Water System if property owners paid for it in a tax increase.

Ed Burke, Lake Park Drive - One thing we have to pay attention to is how many crimes did not happen because we have police officers. The quickness in which they respond is important. What price tag do you put on the peace of mind the police officers give the residents?

Barb Rooney, Golfview Avenue- Home values will go down if Grand Beach does not have a police department. She has been here since 1938 and we have always had police and she hopes we always will. She depended on the police several times when her husband was ill.

John Deaner, Hicks Avenue - There are only one or two burglaries here throughout the year, and that's because there are police officers out there patrolling the Village. The email that was sent out totally misrepresented what was said tonight. It was very premature for Slater to put this out, and that's why everyone is here.

Jackie Collins, Ridge Road - She has a friend that was trying to sell her house and the people didn't show up a second time because they heard about the people in Grand Beach, and all of the fighting going on and read the minutes and decided they didn't want to live in the Village.

Jorge Alvarez, East Arnold Drive - Thanked Slater for his approach even though it is not making him very popular. He thinks running the Village at bare minimum is not healthy. The Village should raise taxes if everyone wants


police. He is totally in favor of consolidating the police with Michiana. Playground equipment is very old and unsafe.

Vicky McHugh, Lake View Avenue- She appreciates the police department that we have, and she thinks sharing services with Michiana is working well. She thinks that having people hire a security company is a good idea. We should be concentrating on the beach and the pump house. We should keep the police that we have.

Judith Blackburn, Pine Avenue - Her and her husband misunderstood what a wellness check is when they submitted a letter that missed the deadline for the agenda. She thinks anyone who is widowed or ill should get a wellness check. She said her property taxes have only increased $280 in 30 years and her and her husband are very much in favor of increasing the taxes. She thinks everyone should be paying to cover the cost of 42 Acres,

CORRESPONDENCE
New Buffalo Shoreline Alliance - Regarding beach erosion.

Lindley suggested that homeowners give concrete ideas to the council and thanked those who shared concrete ideas and concerns about our police staffing.

Carol Bracewell
Kate & Mark Boyle
Ed & Yvette Brandes
Brian Byrnes
Kathleen & George Connelly
Pat Costello
Laura Desmond
Katie & Tom Driscoll
Brendan Duffner
John Deaner
Anne Durkin
Patti & Jerry Dyson
Lauretta Froelich
Frank Gazzolo
Frank & Susan Giglio
Alice & Robert Grim
Catherine Kelly
Michail & Louisa Kerhoulas
Kaye Moriarty
Lisa Levinsky
Jim McWethy
Dorothy Polzin
Jack & Jean Powers
Jerry & Cynthia Purcell
Fran & Marge Quigley
Julie Rundren
Brian Schinderle
Timothy Shannon Family
Tim Sheahan
Gerry Stokes
Aimee Sullivan
Nancy Trainor
Katie Thompson
Ed & Angela Trainor
Liz Grim-Vaughan & Alice Grim
Jim & Katie Walsh
Randy & Hilary Wilkin

ADJOURNMENT
Leonard moved, seconded by Lindley to adjourn the meeting. Motion carried unanimously 3-0. With no further business, the meeting was adjourned at 9:16 p.m. EST.

Respectfully submitted,


Mary J. Robertson
Clerk-Treasurer



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  PUBLIC HEARING - BUDGETS


APRIL 30, 2019

CALL TO ORDER
Council president Deborah Lindley called the Public Hearing - Budgets to order at 7:03 p.m. EST. Present in addition to Lindley were James Bracewell, Blake O'Halloran and Steve Slater. Paul Leonard Jr. was not in attendance.

ADOPT AGENDA
O'Halloran moved, seconded by Slater to adopt the April 30, 2019 agenda as presented. Motion carried unanimously 4-0.

UNFINISHED BUSINESS
None

NEW BUSINESS

Public Hearing - 2019-2020 Budgets
There were no comments from the audience on the proposed 2019-2020 budgets.

AUDIENCE RECOGNITION
None

ADJOURNMENT
With no comments from the audience, Bracewell moved, seconded by O'Halloran to adjourn the Public Hearing. Motion carried unanimously 4-0. With no further business, the meeting was adjourned at 7:05 p.m. EST.

Respectfully submitted,

Mary J. Robertson
Clerk-Treasurer


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  SPECIAL COUNCIL MEETING


APRIL 30, 2019

CALL TO ORDER
Council president Deborah Lindley called the Special Council Meeting to order at 7:24 p.m. EST. Present in addition to Lindley were James Bracewell, Paul Leonard Jr., Blake O'Halloran and Steve Slater.

ADOPT AGENDA
Bracewell moved, seconded by O'Halloran to adopt the April 30, 2019 Special Council Meeting agenda as presented. Motion carried unanimously 5-0.

UNFINISHED BUSINESS
None

NEW BUSINESS
Abonmarche Proposal
Lindley explained that Abonmarche has proposed additional costs for permit processing up to $3,000 for the pumphouse and beach access work and $1,500 for a survey of the Walnut beach access. The other item they proposed is a stormwater drywell feasibility study at a cost of $4,500.

Vicky and Kieran McHugh who own property adjacent to the Walnut beach access addressed the Council regarding the proposed work at the pump house. They said the only thing they have seen regarding the project is what is shown on the state's website. They are opposed to the project as shown on the website because they are concerned that their property will be damaged because of the work to be done. Kieran said it is clearly proven that groins sticking out in the lake cause problems for the property to the south of the groin and referred to the breakwater in New Buffalo and the condition of beaches south of there in Sunset Shores. Vicky said their letter of opposition to the DEQ says that their property needs to be taken into consideration because this project will affect their property.

Leonard said his understanding with the DEQ is that they want to be sure any rocks placed do not encroach on private property. Lindley said the DEQ was concerned with where the stairs are located to make sure that they are not on the adjacent property. She said the DEQ wanted to know why the Village was proposing to put rocks in front of the pump house although she thinks that it makes sense to place rocks there.

Lindley suggested the McHughs contact Abonmarche or Donkersloot to see what they can do to protect their property. O'Halloran asked the McHughs if when the Village gets the survey and sees where the Village property begins and ends, and does the work which will probably go right up to the Village property lines if they are going to tie into it. Kieran McHugh said yes, they will do something with their property, but they don't know if it will tie into the Village's plan. O'Halloran explained that the Village has protected its beach access points and adjacent homeowners have done what they needed to do to protect their property. He said the Village is putting revetment work in to protect the access point and it will also protect the pump house.

Bracewell moved, seconded by Slater to approve the proposal from Abonmarche for the survey of the Walnut beach access and an additional budget for permit processing in an amount not to exceed $5,000, and to share information with the adjacent property owners once it is received. Motion carried unanimously 5-0. The Council decided not to have the drywell feasibility study done at this time. Bracewell stated that the Village has authorized other surveys to help with problems among neighbors and when the survey comes back, the McHughs might not be happy with it, or the Village might not be happy.

Village Website Proposal
Lindley stated that the Village has received proposals to create a new Village website that the Clerk and Deputy Clerk will be able to update. Clerk- Treasurer Mary Robertson told the Council that she received a proposal from Kelsey Miller who created Chikaming Township's website along with several others. She said the Chikaming Township website is a very nice website, and was created using SquareSpace. Miller proposed creating the Village website using SquareSpace.

The second proposal was received from Land Information Access Association (LIAA) which is the company that was hired to update the current Village website since the Clerk is unable to add things to the website. LIAA created the City of New Buffalo's website along with many others. She said that Debbie Lindley, Deputy Clerk Cheryl Cook and she looked at LIAA's website functions at an online session with a representative from LIAA recently.

Robertson said LIAA will require the Village to move everything over once they create the shell of the website, unless the Village chooses to have them transfer the information under a separate support agreement.

O'Halloran said he would like to tie into the website for the golf course at some time.

Leonard said from a business standpoint, the Village needs someone that will be there to help with problems in the future and a possible revamp of the website at some point, so he is in favor of using LIAA rather than using an individual.

Leonard moved, seconded by Slater to accept a proposal from LIAA for a contract amount of $3,370 for the first year and a support agreement for 40 hours at $55 an hour in the amount of $2,200 to be used within a 2-year period. Motion carried unanimously 5-0.

Clerk-Treasurer Robertson spoke to the Council about the website's ADA compliance. She said she did not have the Council packet put on the website because it is definitely not ADA accessible and asked what she should do in the future.

Leonard said going forward, we should ask LIAA to expedite the new website and to minimize the amount of public information that is put on the website and ask people to come to the office for the information. Leonard said that under ADA, we have to make reasonable accommodations, so having the paper work in the office for people to pick up would be a reasonable accommodation. He said his law firm has represented two universities that have paid out six figures in settlements in federal court related to their websites not being compliant, and municipalities are not exempt from this. He said major corporations like Disney, Walmart and Google got hit with big lawsuits and paid out huge amounts of money for the same reason.

Lindley said that Jim with LIAA said that our current website is very compliant, and Chief Dan Schroeder did a very good job with it.

Robertson said she will continue to put the agenda and minutes on the website. Slater said there are a lot of people that aren't here year around, and if we are willing to have the paperwork available in the office, it is better to have the packet available online. He said if LIAA can help us put the packet on in a compliant way, that's what we should do. Robertson will discuss this with LIAA.

AUDIENCE RECOGNITION
John Deaner asked who the lead person is that is working with the pumphouse, the DEQ and Abonmarche. Lindley said it is the Council, but she and Bob Dabbs have been working on this.

ADJOURNMENT
Lindley moved, seconded by O'Halloran to adjourn the meeting. Motion carried unanimously 5-0. With no further business, the meeting was adjourned at 8:26 p.m. EST.

Respectfully submitted,

Mary J. Robertson
Clerk-Treasurer


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  REGULAR COUNCIL MEETING


MAY 15, 2019

CALL TO ORDER
Council president Deborah Lindley called the regular council meeting to order at 7:30 p.m. EST. Present in addition to Lindley were James Bracewell, Paul Leonard Jr., Steve Slater and Blake O'Halloran.
ADOPT AGENDA
Lindley moved, seconded by O'Halloran to adopt the May 15, 2019 agenda as presented. Motion carried unanimously 5-0.
ADOPT CONSENT AGENDA
a. Approve Village Council Minutes:
i. Regular Council Meeting, April 17, 2019
ii. Public Hearing - Budgets, April 30, 2019
iii. Special Council Meeting, April 30, 2019
b. Hall Rental Request - Gina O'Halloran, June 8, 2019
c. Hall Rental Request - Peg Stewart, September 14, 2019
d. Hall Rental Request - Bridget Weaver, September 28, 2019
e. Pay Bills with Written Additions

Lindley moved, seconded by Leonard to adopt the consent agenda. Motion carried unanimously 5-0.

PRESENTATIONS/RECOGNITION
New Buffalo Shoreline Alliance
New Buffalo Shoreline Alliance (NBSA)President Ted Grzywacz gave an update about what the NBSA has been doing for the past couple of years and most recently in regards to finding a solution and funding to resolve the shoreline erosion problem from north of New Buffalo to the state line. They recently applied for a $15M grant with Great Lakes Fishery & Ecosystem Restoration (GLFER) which is pending waiting for results from the Army Corps of Engineers. They asked the City of New Buffalo to write a letter requesting 216 funds and are asking the Village of Grand Beach to write a letter to the Army Corps requesting 111 funds. Grzywacz said that Grand Beach is 53% of the project based on shoreline, but only 9% of Grand Beach is participating in the NBSA. Grzywacz said they need Grand Beach's support and financial support to help fund their continued costs. They need to work quickly and efficiently to get this resolved.

Leonard moved, seconded by Lindley to approve the proposed draft letter to Lieutenant Colonel Gregory E. Turner at the Army Corps of Engineers in Detroit with the words "we believe" removed from the first paragraph, and authorize Debbie Lindley to sign the letter on behalf of the Council. Motion carried unanimously 5-0.

Lindley said that if the NBSA can say that 99% of Grand Beach supports the NBSA, they will have better leverage. They need support because they do have expenses and they are costly. She would like to add a tab to the new website and include a brief reminder in the water bills regarding their need for support. Resident John Deaner and Slater thanked the NBSA for all that they are doing.

COMMISSION REPORTS

BUILDING & ZONING: Bracewell reported that the Planning Commission met yesterday for three hours and

covered amendments to the Zoning Ordinance that are being considered. They covered timing of permits, dumpsters and spent time at the end of the meeting talking about New Buffalo Township's changes in zoning and
how the change will effect Grand Beach. Planning Commission Chair Ray Kelly said that the township's master plan is on their website and if anyone reads it and has comments, there is a deadline to submit the comments through the website.

PARKS & BEACHES: Slater told the Council about his communication with Arie Donkersloot regarding work on the lake front. O'Halloran said Donkersloot did move the boulders that were in the water near the Whitewood access on to the beach, and the final resting place will be right next to the Whitewood stairs. O'Halloran said it is horrible that the rocks will be right there, but the homeowners have the right to protect their home. Lindley said Donkersloot put the rocks out in the lake to serve as a breakwater.

Slater said he has received correspondence from Mario Ortega regarding the next steps for the grant for the 42 Acres. Ellen Frankle told the council that the governor recently signed everything regarding the grant. Clerk-Treasurer Mary Robertson told the Council that she received an email from the Department of Natural Resources Grants Management regarding the project agreement for the grant development project.

STREETS & WATER: Leonard reported that the Michigan Fund Transportation Distributions (ACT 51) for March to the Village street funds totaled $9,045.45. The grant request that was submitted to the State of Michigan for smaller villages and towns to build or improve existing streets and drainage system was denied, although they encouraged Grand Beach to apply next year.

POLICE: Lindley said that Michiana discussed a Police Authority Board at their meeting last week, so she and Jim Bracewell will be meeting with them soon to discuss the possibility of forming a Police Authority Board.
PRO SHOP & GOLF COURSE: O'Halloran reported that April revenue was up from last year, but May has not been a great month with all of the rain. He said the Village has no protection at the pump house for the high water that is there today and we have no idea how the pump house is going to handle the high waves. This is very serious because we have 45 days from now that the contractors can't work due to the fish spawning season. Arie Donkersloot has 45 days of work after that period and we don't even have our permit. He said if we lose our irrigation system for the golf course, we will have to buy water which would be very expensive or go without water. He said he has funding set aside for a test well and he plans to add a test well to the June agenda.

O'Halloran stated that the Council approved an expenditure last month for a survey of the Walnut Street beach access to make sure that the proposed work will be done on the Village property. Once the permit is issued, he would like to look at other contractors if Arie Donkersloot is not available.

Leonard said he has always been concerned about keeping a balanced budget, and the golf course has been self-supporting for several years. He said the golf course is a huge asset to the Village and we really need to do what we can to keep the irrigation system for the golf course. He said the Village has many expenses besides protecting the pump house and irrigation system including the 42 Acres and beach repairs. He said it is going to take over $1,000,000 to protect and preserve the character of this Village, and he asked people to realize that it costs money to run this Village.

SERVISCAPE REPORT
Clay Putnam reported that routine maintenance is ongoing. The maple tree between #4 and #5 has been removed because it was struck by lightning. He reported that there was vandalism on the golf course and the flagsticks and flags were recovered.


PERSONNEL REPORTS

SUPERINTENDENT: In addition to his written report, Superintendent Bob Dabbs told the council that the park drain is finally open. The drain needs to be addressed. He said the maintenance crew painted the fence out front
and the Village has received an anonymous donation to pay for a new fence that they will build from materials that will last for a long time and won't need painting. The Council expressed their appreciation for the donation.

INTERIM POLICE CHIEF: Interim Police Chief Jamie Flick reported that there were 39 total calls last month between Grand Beach and Michiana. He said there were 13 cars broken into in one night in Long Beach. Grand Beach had one car break in and Michiana had five. He reminded everyone to keep valuables out of their cars and lock the doors. With summer coming, he asked residents to please remember to keep their dogs on a leash when walking them, and to keep them off of the golf course because they aren't allowed on the course.

BUILDING INSPECTOR: Building Inspector Bill Lambert was not in attendance.

UNFINISHED BUSINESS

42 Acres Update
Lindley reported that $137,750 has been raised so far and the Village should receive the $58,000 grant from The Pokagon Fund for the 42 Acres very soon. The Friends of Grand Beach will be hosting a fund raising gala for the 42 Acres. She said if you have a service provider that you have a good relationship with that you think would like to donate something for the auction, please ask them. Sheila McGinnis said there will be a live auctioneer at the event and he said he can auction off used, running jet skis, cars or boats as long as there is a title, so if anyone has something they would like to donate, they should contact McGinnis or the Village office. She said if anyone has tickets for the theater or sports events that they would like to donate for the auction, it would be appreciated.

O'Halloran said that McGinnis asked him if the Village would donate two season golf passes to be auctioned off. O'Halloran moved, seconded by Leonard to donate two season passes for unlimited golf for the season for the fundraiser. Motion carried unanimously 5-0.

Golf Cart Batteries
O'Halloran moved, seconded by Bracewell to purchase batteries for four golf carts from Carts on 12 at a cost not to exceed to $3,000. Motion carried unanimously 5-0. Other proposals were received from Wiers Golf Carts and LanCam.

NEW BUSINESS

Resolution - Adopt Local Pavement Warranty Program
Leonard moved, seconded by O'Halloran to adopt the "Local Pavement Warranty Program" resolution #2019-03 and resolution #2019-04 to "Implement the Local Pavement Warranty Program" which were mandated by the State of Michigan using their language. Motion carried unanimously 5-0.

Resolution - Implement Local Pavement Warranty Program
This was adopted with the resolution above.

Ethics Ordinance
Lindley explained that the Council received an ethics ordinance to be reviewed before the May 23rd special meeting when Village Attorney Sara Senica will be here to discuss it.

Trash/Recycle Customer Rates
Lindley explained that the cost of trash and recycle has increased to the Village. O'Halloran stated that the Council passed the cost of trash and recycle onto the homeowners last year and it has really helped the Village although we haven't seen the full impact yet. He said if the costs go up to the Village, they have to be passed on to the customer. Leonard moved, seconded by Slater to add the increase for the cost of trash and recycle charges to the water bills each year as rates to the Village are increased through 2021. Motion carried unanimously 5-0.

Water Meter Replacement Charges
The Council discussed the need to replace all of the water meters with digital read meters that will be more efficient and will let the water department know if there is excessive water usage. Lindley said funds are being set aside to replace the meters, but there was a suggestion at the budget meeting to add a fee on the water bills to recover the cost of replacing the meters. The meters are expected to cost approximately $160,000.

Leonard moved, seconded by Slater to add a charge of $5.00 per month to the water bills for all residents in the Village until the Village recoups the cost of the acquisition and installation of the water meters at a cost of approximately $160,000 with a time frame of six years, and at that time, the Council can decide to discontinue the charge or apply it to another expense. Motion carried 4-1 with Leonard, Lindley, O'Halloran and Slater voting aye and Bracewell voting nay.

Beach/Lakefront Plan
Slater spoke to the Council about the first part of the lakefront policy that members of the Parks and Recreation Committee recommended that would require contractors working on the beach to bring a plan to the Council letting them know how long the work is going to take, how much rock is delivered and other information regarding the project.

He said the second part of the plan is that much of what can be done with the beaches is out of our hands, but we can make them accessible where there is beach, and make them clean and safe. He said he met with Superintendent Bob Dabbs about having a regular weekly beach clean-up and a report that would be completed for the Council regarding the beaches.

Lindley said if there have been problems with parks and beaches in the past, it has been addressed by our maintenance crew, and by Memorial Day they've always had it looking good. She is not in favor of handing direct access over to residents to demand things be done. She said if there is a problem, people can call the Clerk's office, or talk to Bob Dabbs at his office. She said she won't interfere with residents doing repair work to save their bluffs and homes. Residents have engineering plans, get DEQ permits and have to depend on the schedule of the contractors, fish spawning rules and conditions on the lake. The barge cannot be on the lake if the waves are over 18". She said she doesn't like the equipment and armor stone on the beach and the distance it extends. She said individual Council members should not be contacting contractors unless suggested by the Council President or the Council.

Leonard said the points in the policy and suggestions on how to implement it are very good ones. He said that when the Council agreed to allow contractors to place rock on Royal Avenue before being placed in front of the homes, it was not to be a warehouse for rock.

Bracewell said he is concerned that the person writing the check to have work done in front of their homes won't be able to get the contractor to do the work because they can't adhere to the policy.

O'Halloran said he thinks the guidelines are good and he thinks there needs to be a policy or a plan. He tried to talk to Donkersloot because he had a lot of residents calling him about the rock on the beach. He said Donkersloot is going to be working in Forest Beach for 45 days after the 45 day spawning period. He is concerned about when Donkersloot will be able to do the work at the Walnut beach access.

Slater said he reached out to Dave Wolf and Arie Donkersloot last fall and said he wants to communicate and be able to tell the Council when the work will be done. We have to balance lake front owners and the rest of the residents because they want to use the beach. He said it is common sense to ask a contractor to come to the Council and explain their plans. He is not trying to stop anyone from getting work done, but wants to know when it will be done and how it will be done. He said this lakefront plan is a draft and at some point it might need to become an ordinance.

The Council heard from Village residents Ray Kelly, Barb Rooney, Gina O'Halloran, John Deaner and Amy Slater regarding the plan and work on the lake front.

Slater said he thought as the Park and Beach Commissioner, he would be the one that would contact the contractors regarding work on the beach. He said he puts a facility report together each month and gets it in for the Council packet. He said he would be happy to sit down with anyone on the Council to work through this beach/lakefront plan.

Leonard said the beach belongs to the Village, and is a good idea to have a policy so that the Council knows what contractors are doing and how long they'll be there. He said the Council speaks to the president and everyone should know that Council President Debbie Lindley is the one that makes the decisions as far as they're concerned, and she speaks for the council. Discussions have to come through her.

Lindley suggested that Slater look into what other communities are using since he mentioned that Dave Wolf of Oselka Construction said he is not opposed to a plan, and that Grand Beach is the easiest area to deal with regarding lake front work.

Parks & Recreation Master Plan Draft Survey
Steve said they are working on the Parks and Recreation Master Plan and one of the state's requirements is to get a survey out to the residents. The committee worked on the proposed survey and made changes to it several times. He said he needs to get this out in June.

Slater moved, seconded by Leonard that the Draft Parks and Recreation Survey be accepted by the Council as amended. Motion carried unanimously 5-0.

White Creek - Direction of Water Flow
Slater said that two years ago, the neighbors to the south brought a piece of equipment down to the beach and changed the direction of the creek which is now changed and going straight out to the lake.

Slater moved, seconded by Leonard that with Attorney Sara Senica's help if needed, Debbie Lindley draft a letter to the DEQ regarding the flow of the creek and send a copy of the letter sent to the DEQ to the home owner's association. Motion carried unanimously 5-0.

Non-Motorized Path on Royal Avenue to Station Road
The Council discussed the possibility of installing a non-motorized path along Royal Avenue to Station Road to get pedestrians off the road for safety reasons. Leonard moved, seconded by Slater to ask Superintendent Bob Dabbs to find out what it will cost to put in a walking path along the road from the arch to Station Road. Motion carried unanimously 5-0.

Donation - Fox Memorial Garden Maintenance
Lindley thanked the Fox family for a generous donation for the upkeep of the Fox Memorial Garden located outside of the pro shop.

Hall Rental Use for 42 Acres Fundraising Event, July 20, 2019
Lindley said she would like to let the fundraising group use the hall at no cost. Leonard moved, seconded by O'Halloran for use of the Village Hall at no charge for the function to raise money for the Grand Beach Nature Preserve (42 Acres) and that the cleaning fee be absorbed by the Village. Motion carried unanimously 5-0.

Harbor Country Cross-Municipal Group Meeting, October 7, 2019
Lindley explained that there is a group of municipal leaders that have been meeting and sharing information. They meet at different places and she would like to host the October 7, 2019 meeting in Grand Beach. Leonard moved, seconded by Bracewell to approve the use of the hall on October 7, 2019 for the Harbor Country Cross-Municipal Group Meeting at no cost. Motion carried unanimously 5-0.

AUDIENCE RECOGNITION
John Deaner said that he has talked to quite a few people in his neighborhood who are not necessarily against a special assessment with all of the issues that are going on. He wrote a letter to the Council with suggestions a few years ago and one of them was a marketing plan, and he thinks if we are going to try to sell an assessment or a millage we will need to convince the people that we really need this millage. He would be willing to help with that. O'Halloran said that he thinks that we can use this new website to communicate things like this. Deaner also suggested a quarterly newsletter on the major topics that the council has worked on and done.

CORRESPONDENCE
The following correspondence was received.

John Deaner - Police Authority Board
Robert Koenig Family - Thank You

Laurie Roche - Request for Stop Sign. Lindley said that Laurie Roche requested a stop sign at Golf View and Deer Park and if we were going to do that, it would require a 3-way stop. Leonard said if the bushes are in the way, we should have the owners remove them. Lindley said there are trees that have grown out into the easement. She doesn't recommend a stop sign there.

New Buffalo Shoreline Alliance Report

Letters Regarding Budgets and/or Grand Beach Police
Roger & Kathi Adams
Judith & Patrick Blackburn
Marcia Heitzmann
Barbara Kucharski
Gene Kucharski
Carol & Bill Lyons
Daniel Neustadt
Paul & Paula Rohr
Thom Schmidt
Susan Sonderby

ADJOURNMENT
Lindley moved to adjourn the meeting. Motion carried unanimously 5-0. With no further business, the meeting was adjourned at 10:49 p.m. EST.

Respectfully submitted,

Mary J. Robertson
Clerk-Treasurer


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  SPECIAL COUNCIL MEETING - MILLAGE/BUDGETS


MAY 23, 2019

President Deborah Lindley called the Special Meeting to order at 7:30 p.m. EST. In attendance in addition to Lindley were James Bracewell, Paul Leonard Jr., Steve Slater and Blake O'Halloran.

Bracewell moved, seconded by O'Halloran to adopt the agenda as presented. Motion carried unanimously 5-0.

Lindley explained that the purpose of the meeting was to adopt the budgets for all funds for fiscal year 2019-2020 and to adopt the millage rate of 6.0135. The millage rate will raise $813,157 in tax revenues which is approximately $16,000 more than last year.

O'Halloran moved, seconded by Leonard to adopt the millage rate of 6.0135. Motion approved unanimously 5-0

Lindley moved, seconded by O'Halloran to adopt Resolution no. 2019-05, "The 2019-2020 General Appropriations Act and Budget" as presented with a millage rate of 6.0135.

Roll Call Vote

James Bracewell Aye
Paul Leonard Jr. Aye
Deborah Lindley Aye
Steve Slater Aye
Blake O'Halloran Aye

Motion carried unanimously 5-0.

O'Halloran moved, seconded by Slater to adjourn the meeting. Motion carried unanimously 5-0.

There being no further business, the meeting adjourned at 7:42 p.m. EST.

Respectfully Submitted,

Mary J. Robertson
Clerk/Treasurer


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  SPECIAL COUNCIL MEETING


MAY 23, 2019

President Deborah Lindley called the Special Meeting to order at 7:43 p.m. EST. In attendance in addition to Lindley were James Bracewell, Paul Leonard Jr., Steve Slater and Blake O'Halloran.

Bracewell moved, seconded by O'Halloran to amend the agenda as presented to add "Closed Session Under Section 8(h) of the Michigan Open Meetings Act to Consider Attorney-Client Privileged Materials" and to approve the amended agenda. Motion carried unanimously 5-0.

Lindley moved, seconded by Leonard to go into closed session under section 8(h) of the Open Meetings Act in order to discuss material exempt from public discussion and disclosure under state or federal statute, being a written memorandum from our Village Attorney.

Roll Call Vote

Blake O'Halloran Aye
Paul Leonard Jr. Aye
Steve Slater Aye
James Bracewell Aye
Deborah Lindley Aye

Motion carried unanimously 5-0.

The Council went into closed session at 7:57 p.m. EST.

Lindley moved, seconded by Slater to return to open session at 8:10 p.m. EST. Motion carried unanimously 5-0.

Village Attorney Sara Senica told the Council that the "Ethics Ordinance" presented is actually a codification of many laws. She spoke first about the Open Meetings Act (OMA) and the Freedom of Information Act (FOIA). She told Council members that Berrien County has the strongest prosecutor on those type of issues and they watch closely over the municipalities; more than any other county in Michigan. She spoke about three former City Council members from the City of New Buffalo who were charged criminally on an OMA violation. She said because they were charged with a criminal act, the City's insurance did not pay to defend them and each of them paid $10,000 in legal fees. She said we have prosecutors that had no problem charging them criminally. She doesn't think the New Buffalo Council members made a mistake, but the prosecutor charged them with a criminal act.

She said the OMA requires notices and specific reasons for going into closed sessions and they can charge you if you make a mistake. She said we don't think about all of the emails or texts that are written, but if there is ever a lawsuit all of the emails and texts can be brought in to the lawsuit. She said Council members can communicate with her without worry about FOIA because of attorney-client privilege which she states in her emails.

She talked about the difference between being a business owner and a council member. She explained that in business you can make your own decisions without working with others like you do when you are on a Council. The world is now more litigious and she tells her clients that if you send an email, the whole world might see it. You can send things out for information, but you can't discuss it. You can discuss things one on one.

Attorney Senica went over the different items under Section Three of the proposed ordinance.

1. Acts in the Public Interest: She said the Council owes people a fair process. They should to be unbiased and fair to all involved.

2. Compliance with Law - The whole Ethics Ordinance stems from different cases that have come up in the State of Michigan. These are things that people have already done wrong.

3. Default to the Village - She said Council members should set an example. She talked about a Council member in another municipality who didn't pay his property taxes for three years. He was censured and not elected the next time because people didn't think it was fair for him to make financial decisions with their tax money when he didn't pay his taxes. She said not paying your property taxes is an obvious way to be in default, but if you violate Village ordinances or let your property get run down, you are in default. The Council is held to a higher standard, so you should lead as an example. Being in default is doing anything that an ordinary citizen cannot get away with without being censured.

4. Respect for Process - Council members need to make sure they are not doing anything to make things unfair such as in zoning matters. The biggest thing she sees in lawsuits is when someone is denied a variance they always claim that the process was unfair, so the Council has to be careful not to do anything to make it unfair.

5. Conduct of Public Meetings - She said you should listen as courteously and attentively as you can. If you find out about information that can influence a vote on something, you have to bring it to everyone so that they know as much as you know about the topic. She explained that a Council member is only one-fifth of the Council.

6. Communication - This was discussed under Conduct of Public Meetings.

7. Full Disclosure - If you have a particular financial interest in something that comes before you, you have to disclose it and recuse yourself from the vote.

8. Gifts, Favors and Loans - She doesn't suspect that anyone is getting a gift, favor or loan and thinks that this happens in bigger cities like Chicago. She said you don't want to be accused of being unfair because someone is paying you for something.

9. Confidential Information - You don't want to leak any information out to others if it is confidential. You are held to a higher standard. She gave examples of how leaking confidential information can cause problems.

10. Use of Public Resources - This is one of the biggest issues she comes across. As a Council member, you are one of five and need to make decisions as a whole. Public resources can't be used for public gain. If there is a contractor in the Village, you shouldn't ask them to do anything that he would not do for anyone else. This goes along with the Positive Workforce Environment section. In other communities employees feel like they're getting pulled in too many directions and the employees get nervous about this. You want to retain your employees. It's really important that nobody interferes with the employees. When you don't know who your boss is, it makes your job really hard. We have to remember that our employees and our contractors should not be interfered with. This makes them very uncomfortable. Employees should know who to take direction from and shouldn't take direction from three different people. There was discussion about the different roles Council members hold as commissioners of different areas and the need to work with the employees if it is in regards to their department that they serve as commissioner over. She said you might have a good rapport with employees, but you can't ask them to do something special for you.

11. Representation of Private Interests - As a council member, you are one member of the group. If you're in the community or at a county meeting and you identify yourself as being on the Council in a community, and maybe you have gone rogue and don't agree on something because you are the 1/5 and the 4/5 voted differently, you have to identify that you are representing yourself as a private citizen, not as the Council. Council members have less rights than their neighbor because the neighbors can say what they want. You don't want to give the impression that something was already voted on. If someone is talking about something that you know is going to be a major decision, be very diplomatic and let them know that you are waiting to hear everything and hear what the Council has to say.

12. 12 - 15 were discussed with other items.

16. Compliance & Enforcement - She said a lot of things that violate this ordinance are unintentional. If you have a member that you think violated something you should just talk to them one on one and no one else has to know about it. If someone does intentionally violate something after you've talked to them quietly, you have the option of having a private meeting or going into a closed session. That doesn't happen often because it usually gets resolved by a Council person talking to them. Sometimes Senica will get involved and she will call them, and usually after she talks to them, that's the end of it. If it doesn't stop and someone truly goes rogue and wants to hurt the community and talks badly and can't communicate anymore, the Council will go into a closed session to talk about what's happening and try to correct the person as a group. The Council tells them if this doesn't stop, they are going to censure them. The attorney and Council can make a recommendation to the governor for someone to be removed, but it is very unheard of. Usually someone will resign before it comes to that. If someone does something wrong, it reflects on the group. If you are asked to put your name on something, even if you are in favor of it, you can't tell people you're in favor of it because you are only 1/5 of the Council. You can say that we have a policy and you can't say anything until we have all of the evidence.

The Council discussed their thoughts and feelings on the ordinance.

Senica suggested that if the Council adopts the ordinance, it should be part of an orientation after the next election and each person elected should sign it and it should be put in their file.

Lindley moved, seconded by Bracewell to close the meeting.

There being no further business, the meeting adjourned at 9:57 p.m. EST.

Respectfully Submitted,

Mary J. Robertson
Clerk/Treasurer


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  REGULAR COUNCIL MEETING


JUNE 19, 2019

CALL TO ORDER
Council president Deborah Lindley called the regular council meeting to order at 7:30 p.m. EST. Present in addition to Lindley were James Bracewell and Paul Leonard Jr. Blake O'Halloran and Steve Slater were not in attendance.

ADOPT AGENDA
Leonard moved, seconded by Bracewell to adopt the June 19, 2019 agenda as presented. Motion carried unanimously 3-0.
ADOPT CONSENT AGENDA
a. Approve Village Council Minutes:
i. Regular Council Meeting, May 15, 2019
ii. Special Council Meeting - Budgets, May 23, 2019
iii. Special Council Meeting - Ethics Ordinance, May 23, 2019
b. Hall Rental Request - Susan Giglio (New Buffalo Lions Club), January 25, 2020
c. Pay Bills with Written Additions

Bracewell moved, seconded by Leonard to adopt the consent agenda. Motion carried unanimously 3-0.

PRESENTATIONS/RECOGNITION

COMMISSION REPORTS

BUILDING & ZONING: Bracewell reported that they have made progress on the two building sites that have been discussed over the last several meetings. Village Attorney Sara Senica had a meeting with the Oak Avenue owner. Building Inspector Bill Lambert told the Council that the owner on Oak has submitted a schedule and he does see progress, although the project is a little behind schedule. The home in Fifteen Acres is also moving along.

PARKS & BEACHES: Slater was not in attendance. Lindley thanked Parks and Recreation Committee member Ed Brandes for writing a really nice grant request to the Carls Foundation asking for $50,000 to be used for the purchase of the 42 Acres. The Village has raised $205,700 so far for the purchase, leaving a balance to be raised of $282,300. She clarified what was written in the letter that went out with the water bills stating that the Village is not doing a special assessment for the 42 Acres. The Village is still accepting donations and needs to have a firm amount of donations in order to sign the agreement with the State of Michigan to receive the MDNR grant. She said that some people are saying the price of the property is too much, but the Village only needs to raise $430,000 for a beautiful piece of nature after being awarded a $58,000 grant from municipal funds from The Pokagon Fund. She said the purchase will only happen if the community supports this. The prior Parks and Recreation Committee worked hard to get this grant and the current Parks and Recreation Committee might be applying for future grants, but if we don't get this grant, she is afraid that other doors will be closed.

Sheila McGinnis of Friends of the Grand Beach Nature Preserve (42 Acres) said there is a fundraiser set for July 20, 2019 at the club house with a live and silent auction rounds of golf, restaurant certificates, annual golf passes for Grand Beach Golf for the 2020 season and a couple of getaways being auctioned of. She asked if anyone has a restaurant or spa that they visit often that they ask if they would donate a certificate for the silent auction.

STREETS & WATER: Leonard reported that the usual activities are taking place with testing of the water and maintaining equipment. If you see a pothole that needs to be filled, let the Village know so that the crew can get it on their list of things to do.

POLICE: Lindley reported that she and Jim Bracewell, Interim Chief Jamie Flick, Michiana Chief Ryan Layman, Michiana's Council President and Police Commissioner met recently to discuss the possibility of forming a Police Authority Board and they have a first draft of a police agreement. She thinks the Council needs to discuss a monetary payment to Michiana since they have been covering for Grand Beach. She reported that there was a fire in the 42 Acres over the weekend and reminded people to be very careful because fires can start even with the wet conditions. She said there is a new state fireworks law and violators will be fined $1,000 for shooting off fireworks at times when they are not allowed.

PRO SHOP & GOLF COURSE: O'Halloran was not in attendance.

SERVISCAPE REPORT
Clay Putnam reported that routine maintenance is ongoing. They are edging sand traps. They experienced debris on the course last Thursday during the storms. He thanked the maintenance staff for help cleaning up a large tree that came down during the storm.

PERSONNEL REPORTS

SUPERINTENDENT: Superintendent Bob Dabbs was not in attendance.

INTERIM POLICE CHIEF: Interim Police Chief Jamie Flick was not in attendance. Michiana Police Chief Ryan Layman was in attendance and said that personnel wise, the Police Departments are getting ready for Family Fest.

BUILDING INSPECTOR: Building Inspector Bill Lambert had nothing to report.

UNFINISHED BUSINESS

Ethics Ordinance
Lindley explained that our Village Attorney gave the Council an Ethics Ordinance which was reviewed in May. She said she put it on the agenda again this month so that the Council could review it and discuss any changes. Leonard said Council Member Slater circulated his comments about the ordinance with most of the comments referring to the vague language included. Leonard said since he and Slater both have legal backgrounds, he suggests that he and Slater work on the ordinance and bring it back to the council for their review at the August meeting.

Leonard moved, seconded by Lindley that he and Steve Slater be directed to review and edit the Ethics Ordinance for purposes of presenting it to the Council at the August meeting. Motion carried unanimously 3-0.

Lindley stated she would like all Council members to submit comments to them regarding the ordinance. Bracewell would love to see if the five municipalities that have approved it would submit to us what they approved and adopted because he doesn't want to reinvent the wheel. Bracewell told those in attendance about a situation that the Village Attorney told the Council about when speaking about an ethics ordinance regarding Council members that were charged with an Open Meetings Act (OMA) violation which involved two members driving a car and making a phone call to a third council member on a speaker phone. He gave an example of a Council Member in another location who did not pay his property taxes for three years. Bracewell said that if you are an elected official, this is a reflection on the entire group and people who have run for an office are held to a higher level of accountability in the eyes of the law, specifically the Berrien County prosecutor when it comes to the OMA. Lindley said she has talked to the township and the city and they both have an ethics ordinance.

NEW BUSINESS

Chief Dan Schroeder - Continuation of Sick/Vacation/Insurance
Lindley stated that the four months of sick and and vacation pay the Council approved for Police Chief Dan Schroeder while he is on workman's compensation is over. Schroeder still has 343 hours of sick and vacation time available and he is using 20 hours per pay period or 17 pay periods or 8 months of pay remaining.

Lindley moved, seconded by Leonard to continue with the decision that the Council made at the February 20, 2019 special council meeting regarding Police Chief Dan Schroeder and to reevaluate this again at the next meeting. Motion carried unanimously 3-0.

Test Well - Irrigation for Golf Course
Lindley said that Golf Commissioner Blake O'Halloran would like to include bids for a test well for golf course irrigation on the July agenda. She said there is $16,750 set aside in Capital Projects for this expenditure. John Deaner who previously led an irrigation study explained that if the well is not usable it has to be filled back in per state law, and in the worst case scenario if the well is not usable, the cost would be approximately $25,000 to drill the well, remove the apparatus and fill it back in.

State of Michigan "Road Diet" - US Highway 12
Lindley said the State of Michigan is planning to change US Highway 12 from the state line in Indiana into the City of New Buffalo from four lanes to one lane in each direction with a turn lane in the middle. She said there could also be a bike lane along the highway. Interim Police Chief Jamie Flick has written a letter to be sent to the State of Michigan regarding our concerns for the "road diet".

Lindley moved, seconded by Bracewell that the letter written by Interim Police Chief Jamie Flick be mailed to the State of Michigan. Motion carried unanimously 3-0. Bracewell said we should contact our Berrien County Road Commissioner Ezra Scott about the "road diet".

Fireworks Ordinance
Lindley explained that Village Attorney Sara Senica drafted a new fireworks ordinance for the Village per the state law that reduces the days and hours that fireworks are allowed and imposes a $1,000 fine for violations. She said it is very wet now and we still had a fire in the 42 Acres over the weekend, so keep in mind that fireworks can cause fires regardless of whether it is wet or dry. Lindley stated that nobody should be doing fireworks on public property or on the beaches. Fireworks should only be done on your own property.

Leonard moved, seconded by Lindley to adopt the "Fireworks Ordinance" as presented by Attorney Sara Senica. Motion carried unanimously 3-0.

Bid - Clean Water Tower
Lindley said this item will be tabled because the charter states that "no appropriation shall be increased, except by a 4/5 vote and there are only three council members present.

Bids - Royal Avenue Non-Motorized Path
Lindley said this item will be tabled for the same reason.

Budget Amendment - Major Street Fund 2018-2019
Lindley explained the budget amendment is not necessary since the Non-Motorized Path was not discussed.

Ground Compactor Purchase
Lindley moved, seconded by Bracewell to approve the purchase of a ground compactor at a cost not to exceed $2,500. Motion carried unanimously 3-0.

Letter Template and Contact Information - Beach Erosion
Lindley explained that Brian Byrnes of New Buffalo Shoreline Alliance provided the Village with a letter template and contact information to be used to submit letters to state officials regarding the beach erosion and funding for the problem. Byrnes requested that property owners send letters in to the state officials. The template and contact information will be available on the Village website and at the Clerk's office.

AUDIENCE RECOGNITION
John Rafkin of Marjeanette Avenue said that over the past 15 years and especially recently, there is a constant barrage of noise with gas leaf blowers, power washers and chain saws which starts on Saturday morning and goes all the way through the weekend. He asked the Council to consider banning gas leaf blowers or limiting the hours that this type of equipment is used. He also suggested a letter or email be sent out regarding this matter.

Lindley said that Clerk-Treasurer Mary Robertson spoke with the Village Attorney about this and she said that she doubts a judge would uphold this. She also said that if the council put something like this into effect, the Village would also be affected and would not be able to do work on the golf course during those times.

Leonard said technology is changing and more manufacturers will see a market and sell more equipment that is electric. Bracewell suggested calling the police if the noise is a bother.

Lynn Bolanowski of Whitewood Avenue thanked Superintendent Bob Dabbs and his crew for putting the second set of stairs in at Whitewood. She asked about the pollution in White Creek and what could be done. Leonard said it was determined that a local business had their bathroom facilities tied into White Creek, and once that was discovered, it was corrected. He said that Michigan has known that White Creek is one of the most polluted waterways in Michigan for a long time. Leonard said if there is a problem with E.coli, the beach gets shut down.

John Deaner of Hicks Avenue said he is totally against regulating the use of gas leaf blowers because he as a homeowner does his own leaves. He said he has been an advocate for regulating landscapers in the Village for a long time. He said there were two fires in the 42 Acres and it was difficult to get a fire truck in to the area and suggested that the Village come up with a better ingress/egress for fire trucks to get into the 42 Acres.

CORRESPONDENCE
The following correspondence was received.

John Rafkin - Lawn & Home Maintenance Noise
Maggie Testore - 42 Acre Donations

Lindley introduced Interim Executive Director of The Pokagon Fund, John Krsul. Krsul said he will be acting as the Executive Director for the next few months as they look for a new director. He said they are very pleased to see what has been done with the 42 Acres and said it is a marvelous project.

ADJOURNMENT
Bracewell moved, seconded by Leonard to adjourn the meeting. Motion carried unanimously 3-0. With no further business, the meeting was adjourned at 8:55 p.m. EST.


Respectfully submitted,



Mary J. Robertson
Clerk-Treasurer



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  REGULAR COUNCIL MEETING


JULY 17, 2019

CALL TO ORDER
Council president pro-tem Blake O'Halloran called the regular council meeting to order at 7:30 p.m. EST. Present in addition to O'Halloran were James Bracewell, Paul Leonard Jr. and Steve Slater. Deborah Lindley was not in attendance.

ADOPT AGENDA
Leonard moved, seconded by Slater to adopt the July 17, 2019 agenda as presented. Motion carried unanimously 4-0.

ADOPT CONSENT AGENDA
a. Approve Village Council Minutes:
i. Regular Council Meeting, June 19, 2019
b. Hall Rental Request - Rebecca Votava, September 7, 2019
c. Pay Bills with Written Additions

Slater moved, seconded by Leonard to adopt the consent agenda. Motion carried unanimously 4-0.

PRESENTATIONS/RECOGNITION

COMMISSION REPORTS

BUILDING & ZONING: Bracewell reported that Ms. Ruffner has obtained a demolition permit for her garage and has asked permission to use a pod to store the contents of the house. Building Inspector Bill Lambert told the Council that she has not yet been given permission for the pod. Bracewell said the owner of a home being constructed on Oak Avenue was given six months to complete the home, and two months of the six months have already passed. The Village will send a letter to the owner and let him know that he needs to move forward.

Bracewell stated that George Soper's term on the Planning Commission which was filled by Frank Giglio expires in August. Giglio has expressed an interest to remain on the Planning Commission. Anyone interested in serving on the Planning Commission for a 4-year term should direct their interest to Clerk-Treasurer Mary Robertson.

PARKS & BEACHES: Slater reported that they are in full swing with the Parks and Recreation 5-Year Plan. They have received 251 surveys for the plan so far and will continue to take surveys through July 31, 2019. There will be a public meeting for questions and answers on Saturday, July 27 at 10:00 a.m. CST - 11:00 a.m. EST in the Council room with Tricia Bulson of Abonmarch.

STREETS & WATER: Leonard reported that normal maintenance and water testing activities continue.

POLICE: Lindley was not in attendance.

PRO SHOP & GOLF COURSE: O'Halloran reported that the month of June was very good, ahead of June 2017 and 2018. He said that Clay Putnam and ServiScape has done a great job maintaining the golf course.

SERVISCAPE REPORT
Clay Putnam reported that routine maintenance is ongoing. Bunkers have been edged and they have pruned limbs along #7. They installed signs around the golf course concerning the cicada wasps and said the cicadas are not
interested in people and are not aggressive at all and will be gone in about a month.



PERSONNEL REPORTS

SUPERINTENDENT: In addition to his written report, Superintendent Bob Dabbs stated that they replaced the "no jumping" signs on the jetty at the pump house.

INTERIM POLICE CHIEF: Interim Police Chief Jamie Flick reported that in June, they handled 18 complaints in Grand Beach and 35 in Michiana. We are starting to get complaints about people jumping from the piers and jetty and he reminded everyone not to jump from the pier and jetty because it is very dangerous and there is an ordinance against it. O'Halloran said it is really, really dangerous and things change all the time with the waves and sand being churned up. Flick stated that Grand Beach residents should not park their golf carts in "no parking" areas in Michiana because they will be ticketed. He reminded everyone to keep their cars locked and not to leave valuables in their cars.

BUILDING INSPECTOR: Building Inspector Bill Lambert informed the Council that Grand Beach Land Development requested a land division of a parcel of land located between Robin Lane and East Arnold. He and Clerk-Treasurer Mary Robertson went through everything together and the application was approved.

UNFINISHED BUSINESS

42 Acres Update
O'Halloran reminded everyone of the fundraiser that will be held on Saturday, July 20, 2019. As of 7/11/19, the Village has received $184,653 in donations, and with $58,000 from The Pokagon Fund, we still need to raise an additional $245,347.

Chief Dan Schroeder - Continuation of Sick/Vacation/Insurance
Leonard moved, seconded by Bracewell to continue to pay Chief Dan Schroeder's sick, vacation and insurance as in the past and reevaluate this next month. Motion carried unanimously 4-0.

Bid - Clean Water Tower
Leonard moved, seconded by Slater to approve a bid from Liquid Engineering in the amount of $2,860 subject to the $300 rider to clean the water tower. Motion carried unanimously 4-0.

Bids - Royal Avenue Non-Motorized Path
O'Halloran said the Council received bids to put a non-motorized path in from the arch along the left side of Royal Avenue to Station Road. Bids were received from C and H Concrete, Dennis Duetscher Construction and Workman Concrete. He reviewed the bids and wants to make sure that all of the contractors are bidding on the same thing since the bids all looked different. Slater is in the concrete business and said that the contractors bid differently on several things, so in order to standardize what they are bidding on, he developed a scope of work sheet for Superintendent Bob Dabbs to give to the contractors.

Bracewell was concerned with landscaping that a homeowner put in along Royal. Dabbs said he spoke with the homeowner and he is okay with everything. He said the homeowner's property markers are still there which allows them to know where the property line is. Dabbs said there is a little bit of trimming necessary and he doesn't see a need to move any landscaping.

Robertson explained that the Village is required to spend 1% a year or 10% over 10 years of the ACT 51 street
funding on non-motorized facilities such as this. The project could be paid for with street funding which is not to be used for anything other than streets and non-motorized facilities.

Leonard moved, seconded by O'Halloran to table the subject. Motion carried unanimously 4-0.

Budget Amendment - Major Street Fund 2018-2019
This was not necessary since the non-motorized path was tabled.

NEW BUSINESS
Golf Cart Purchase
O'Halloran explained that someone ran a rental golf cart into a tree on the golf course and paid $1,000 for the damages to the fairly old cart. He said it doesn't make sense to repair an old cart, so rather than spend money to repair the cart; LanCam will take everything out of the old cart and put it into the shell of a 2011 cart for a total cost of $2,000, costing the Village $1,000.

O'Halloran moved, seconded by Bracewell that instead of repairing the old golf cart at a cost of $1,000, to spend an additional $1,000 for a total cost of $2,000 to purchase a used 2011 cart. Motion carried unanimously 4-0.

Test Well Proposal
O'Halloran explained that he has been trying to move forward on an alternative source of irrigation for the golf course and is very concerned with the pump house. The Village is still trying to get a permit and armor stone down at the pump house to protect it. He doesn't think the Village should spend the money right now for the test well with the Village trying to purchase the Grand Beach Nature Preserve, and he would like to see numbers in a proposal for the well.

O'Halloran moved, seconded by Leonard to table this until the August meeting. Motion carried unanimously 4-0.

Budget Amendments 2018-2019 - Golf & Capital Projects Funds
O'Halloran moved, seconded by Bracewell to approve a budget amendment for the Golf Fund 2018-2019 to cover the cost of the used golf cart purchase. Motion carried unanimously 4-0. The Capital Projects Fund Budget Amendment was not necessary since the Test Well Proposal was tabled.

Indiana Michigan Power Company Contracts - LED Street Light Replacement
Leonard explained that the State of Michigan is requiring Indiana Michigan Power Company to replace all of their existing street lights with LED lights. They are spending about $4M and will save money by using the LED lights, but the contract amount will be the same to the Village. He said the Village has two separate contracts for the street lights for different types of lighting. He has reviewed the contracts and said they are standard contracts.

Leonard moved, seconded by O'Halloran to approve both contracts with Indiana Michigan Power Company to replace the street lights with LED lights as presented. Motion carried unanimously 4-0.



Resolution #2019-06 - Freedom of Information Act (FOIA) Amendments
Mary Robertson explained why the state made amendments to the FOIA. O'Halloran read the changes to the Village's FOIA procedures and guidelines.

Leonard moved, seconded by Slater to adopt resolution #2019-06 Freedom of Information (FOIA) Act amendments and changes to the procedures and guidelines to bring them into compliance with the State of Michigan requirements. Motion carried unanimously 4-0.

AUDIENCE RECOGNITION

Village resident Saranne Milano is concerned with the progress of the home under construction on Oak Street. She asked the Council to consider making the Village Hall handicap accessible as it is becoming difficult for many people to attend functions upstairs. She suggested applying for a grant from The Pokagon Fund and is willing to write the grant for the Village. Bracewell explained that in the Village's last remodel project, we spent a significant amount of money to make the bathrooms handicap accessible. He will keep this in mind for the next remodel of the building as he knows the Village is aging. Resident Barb Rooney suggested a chair elevator.

Village resident Katherine Kelly said there recently was a prisoner that escaped from the Indiana State Prison and she feels residents should have been notified.

CORRESPONDENCE
The following correspondence was received.

John Deaner - 42 Acres
John Deaner told the Council that he is disappointed that we are down to the last month on the 42 Acres and there is no Plan B to move ahead if donations don't cover the required matching funds. He asked about the location of the stakes for the Walnut beach access survey.

John Rafkin - Gas Powered Equipment Noise

Local Revenue Sharing Board - Annual Specific Costs
The Village does not have any annual specific costs associated with the casino.

Mike & Maggie Sayles - Condition of Property on West McKean

State of Michigan "Road Diet" - US Highway 12
Leonard said that MDOT sent a letter to our Interim Police Chief which says that the state is planning a complete resurfacing project in 2021 of US Highway 12 and a "road diet" is being considered as part of this work from the state line to New Buffalo. He explained that there is a four lane highway now, which would shrink down to three lanes with one of them a center turn lane. He said no decisions have been made and there will be a meeting in Coloma in the fall. O'Halloran said this is a big deal and he is not favor of it and he wants residents to understand what is proposed. If it comes down to this, he said Grand Beach is going to need something such as stop light that might change to yellow during the winter months.



ADJOURNMENT
Leonard moved, seconded by Bracewell to adjourn the meeting. Motion carried unanimously 4-0. With no further business, the meeting was adjourned at 8:58 p.m. EST.

Respectfully submitted,



Mary J. Robertson
Clerk-Treasurer


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  SPECIAL COUNCIL MEETING


AUGUST 7, 2019

CALL TO ORDER
Council president Deborah Lindley called the special council meeting to order at 7:04 p.m. EST. Present in addition to Lindley were James Bracewell, Paul Leonard Jr., Blake O'Halloran and Steve Slater.

ADOPT AGENDA
Lindley moved, seconded by Leonard to adopt the August 7, 2019 agenda as presented. Motion carried unanimously
5-0.

PRESENTATIONS/RECOGNITION
None

UNFINISHED BUSINESS
None

NEW BUSINESS

Mario Ortega of McKenna - Grant Discussion and Next Steps
Lindley said the purpose of the meeting was to sign the agreement with the State of Michigan for the purchase of the 42 Acres. She thanked members of the first Parks & Recreation Committee that worked on the original 5-year plan with the purpose of applying for a grant to purchase the property. She thanked Sheila McGinnis, Terry Smith and the Friends of the Grand Beach Nature Preserve for all of the work they did and thanked all of the residents who have generously donated towards the purchase.

Mario Ortega, Planning Consultant with McKenna said he worked with the Village on the first 5-year plan with the idea of preserving the 42 Acres and applying to the DNR for an acquisition grant for the 42 Acres. The grant document was submitted in April 2018 with supplemental documents submitted later, and we were officially notified at the end of last year that we were one of the lucky groups to be rewarded a grant. We are in the final process of fulfilling the grant requirements. He said we are here to discuss signing the agreement and there are some firm deadlines that need to be met. Because the Village has been awarded the grant, the state is willing to work with us as a partnership to help us through the process.

He explained that the Village will submit a boundary map and legal description along with the signed agreement to the DNR. The project agreement shows that $2.4M was granted to the Village, and the Village has so diligently been working on the 25% match which is equivalent to $800,000.

There was an appraisal submitted to the State by the property owners Grand Beach Land Development (GBLD) and an appraisal submitted by the Village. The official numbers for the fair market value of the property will be decided when the state evaluates the appraisals and additional appraisal that will be required by the state.

Project Agreement highlights:
• Drafted agreement in May 2019. They give us up to two years to get this grant process completed. May 2021 is the project deadline that we are under if we choose to use that much time. Even though we have a 2-year time frame they, also mention another date in the agreement of August 2021.
• The grant was given for public conservation, and the property will be used for passive recreation. One of the main reasons the Village received the grant is because of the rare coastal plain marsh and the unique flora species located there. The property will be open to the public.

• Grant total is 75% or $2.4M. At the closing, the state deposits 90% of the grant amount, and the Village places the other 10% of that amount into escrow. The 10% is held in escrow until the process is complete and then the 10% will be returned to the Village. The Village gets to decide when the closing will take place. Once we do the 40-year title search and confirm acceptance of the appraisal by the state, we have to inform the state of the closing date 60 days prior to closing, and then confirm the date with them 30 days before closing. To get the 10% back, the state will do an audit which should go quickly. Once the audit is completed and the property owner cashes the check, the Village should receive the 10% back. The timing is all dependent on how long the audit takes.
• Because the grant is over $750,000, we need two appraisals which we already have. We have one from GBLD and one that the Village had done.
• Since this is a conservation project, the Village will have to erect a sign which will include a nice MDNR logo stating that it is the Grand Beach Nature Preserve. Lindley said that the Pokagon Fund needs to be acknowledged on the sign as well. The Village is also required to have a ribbon cutting ceremony to let the public know that this is a public preserve. The cost for the sign is built into the grant.
• The Village will have to maintain the property. Chikaming Open Lands has agreed to partner with the Village and do an annual inspection to see if there is anything that needs to be done.
• The property has to be opened to the public within 90 days of the project closing.
• Since the Village received a grant for the purchase of the property, it must remain recreation land in perpetuity. It cannot be changed over to something else, although technically there are times if something has to be changed, the state steps in to work through it. The state has first right of refusal and can even ask for the money back if the use of the property changes at any point in time.

Ortega said that the numbers are based on estimates and the paragraph at the bottom of page three of the agreement says that the 25% does represent 25% of the final costs. If project cost drops down, the 25 % match will be 25% of the actual cost. If the appraisal goes up, the 25% match will go up. If the cost goes down, the state could say that we've raised a certain amount of money, so now we are paying 50% of the match. The Village will know what the 25% match will be before we get to the closing.

The landowner will be at the closing and will sign the purchase agreement. The landowner has to agree to the document in order to proceed with the sale.

Once the agreement is signed, the Village will have the 40-year title search done and Ortega will start working with the state to see if they can utilize the appraisal that the Village had done. The appraisal that GBLD submitted was not done very recently. The Village has not seen their appraisal. If the state says the appraisals work and the number is locked down, then the Village can come up with the closing date. If GBLD chooses not to accept the appraisal that we had done, we might have to have a second appraisal done. Chances are the state is going to want a new appraisal since the appraisals are so far apart.

Clerk Mary Robertson asked if GBLD has any say in the 2-year time frame for the closing date. Ortega said that we need a willing partner and obviously as part of the process he mentioned to Ellen Frankle that this does take some time because we are dealing with the state and going through legislature. They are very willing partners, but the Village should try and move things along so that we can complete this for GBLD as soon as we can.

Ortega said the Village will need to advertise the Grand Beach Nature Preserve on the website, in our newsletter and at the appropriate time, talk to news reporters to get articles out there now and then.

There was concern about the continued use of the driving range located on the property. Lindley said that the driving range was part of the grant application. Ortega said that it was part of the grant application and the Village will be able to continue to use the driving range.

Matching Funds Requirement
Lindley said that the Village still needs $123,000 to meet our 25% match and we have had a very generous resident offer to match funds up to $61,500 to reach that goal. So if you make a donation, the resident will match that amount to reach the $123,000. She doesn't think there will be a problem with raising the remaining funds because we have had wonderful donations and participation from our residents. She asked everyone to spread the word about the generous offer and the need to continue to raise funds. Checks should be submitted to the Village of Grand Beach.

Lindley feels that we should have some idea of where the money is coming from if we don't meet the 25% match and the Council has time to decide. Friends of Grand Beach Nature Preserve Chair Sheila McGinnis asked if the council is planning on moving forward if we don't get the $123,000. Resident John Deaner asked if there would be a special assessment for the 42 Acres.

Slater said he supports the 42 acres and it is beautiful and a great resource, but there are other great resources here such as the beach. He supports it, but there are some real pressing needs in a lot of areas. He doesn't think that we can drain all of our monies. Lindley said she and Sheila McGinnis have told people that have donated that there won't be an assessment for the 42 Acres.

Leonard said we need to look at the broad needs of the Village and figure out how to raise money to meet all of those needs. That would be the reason for an assessment. We haven't had a tax increase in years, and haven't had an assessment. It has been difficult for the council year after year to balance the budgets and the Village has passed on the cost of garbage pickup to the residents because we couldn't afford it. The Village had to consolidate our public safety with the neighboring village. Leonard said we are going to need to do a special assessment or millage increase at some point for all of these other things. We are not going to do a special assessment for the 42 Acres.

Resolution to Accept the Terms of Agreement for Michigan Department of Natural Resources Grant
Lindley moved, seconded by Leonard to adopt resolution #2019-07 to accept the terms of the grant agreement as presented.

Roll Call Vote
Blake O'Halloran Aye
Paul Leonard Jr. Aye
Steve Slater Aye
James Bracewell Aye
Deborah Lindley Aye

Nays
None

AUDIENCE RECOGNITION
None

CORRESPONDENCE
None

ADJOURNMENT
Bracewell moved to adjourn the meeting. Motion carried unanimously 5-0. With no further business, the meeting was adjourned at 8:21 p.m. EST.

Respectfully submitted,

Mary J. Robertson
Clerk-Treasurer


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