Village Council Minutes 8-28-17

VILLAGE OF KALKASKA

MINUTES OF A REGULAR COUNCIL MEETING HELD ON MONDAY, AUGUST 28, 2017 IN THE VILLAGE COUNCIL CHAMBERS, 200 HYDE STREET, KALKASKA, MICHIGAN, 49646.

CALL TO ORDER/ROLL CALL

President Sieting called the meeting to order at 6:00 p.m.

PRESENT: President Sieting and Trustees Dupuie, Ellis, Kelly, Needham, Sanborn and White.

ABSENT: None

STAFF PRESENT:     Scott Yost, Village Manager; Angie Koon, Village Clerk; Helen Artress, Department of Public Safety Administrative Assistant; Mark Baars, Cleanwater Plant Operator; Glenn Artress, Lieutenant; Blake Huff, Sergeant; Denny Corrado, Zoning and Licensing.

PUBLIC PRESENT: Cash Cook, Chris Helberg, George Konvinski, Pat Konvinski, Diana Shafer, Mickey Miller, Misty Marshall, Ann Kirtley, Noel Hosley, Ken Berry, David McGough, Crystal Spencer, Elizabeth Dunham, Patty Cox, Annette Goodyear, Thomas Girdwood, Dennis Mansfield, Jarrad Novath and Terry Roote.

President Sieting started with a prayer and led with the Pledge of Allegiance.

APPROVAL OF REGULAR AGENDA

Motion by White, second by Needham, to approve the agenda as presented. Motion carried on a voice vote.

CONSENT AGENDA

Motion by Sanborn, second by Ellis, to approve as presented. A voice vote was then taken:  Ayes – Six (6); Nays – None;  Abstention – One (1); Absent – None.  Motion carried.

PUBLIC COMMENT

Elizabeth Dunham inquired about item 9c. under New Business (Ordinance 2017-009). President Sieting explained that this is an amendment to the ordinance governing Medical Marijuana regulations, as updated according to State law.  Dunham also inquired about item 9d. under New Business (Resolution 2017-024). Manager Yost provided a copy of the Resolution for Dunham’s review.

PRESENTATIONS

BCBS Medicare Renewal for 2018 – Terry Roote of Great Northern Benefits, the Village’s insurance agent, presented the renewal for the Medicare Advantage group plan.  Roote explained that there was no rate increase and no benefit change for this plan.  Manager Yost invited Roote to return when the plan for active employees and pre-65 retirees is up for renewal.

Trustee Dupuie asked whether this issue had been reviewed by a committee. Trustee Needham stated it had not since there was no rate increase.  It was reiterated that the renewal coming before Council at this time was for the Medicare plan only.

Motion by Needham, second by White, to accept the Medicare renewal, authorizing the Village Manager and Clerk to sign. A roll call vote was then taken:  Ayes – President Sieting and Trustees Ellis, Kelly, Needham, Sanborn and White; Nays – Trustee Dupuie; Absent –None.  Motion carried.

REPORTS FROM COUNCIL COMMITTEES – None

REPORTS FROM VILLAGE OFFICERS

MANAGER’S REPORT

Manager Yost gave an update on the Rural Development project, stating that right-of-way restoration is going well. Yost also stated that the force main tie-in will take place this week.

Yost reported that several site plans have been reviewed administratively, and will go before the Planning Commission at their September 7, 2017 meeting.

PRESIDENT’S REPORT – None

UNFINISHED BUSINESS None

 NEW BUSINESS

Consider Adoption of Resolution 2017-022 Street Closure for Kalkaska Homecoming Parade – Motion by White, second by Needham, to adopt Resolution 2017-022.  Motion carried on a voice vote.

Consider Adoption of Resolution 2017-023 Iceman Cometh Banner – Motion by Needham, second by Sanborn, to adopt Resolution 2017-023.  Motion carried on a voice vote.

Consider Adoption of Ordinance 2017-009 Amendment to Medical Marijuana Regulatory Ordinance – Trustee Dupuie asked whether Council had received the ordinance a week in advance to review.  Manager Yost replied that the ordinance was received on Friday, August 25, 2017 with packet materials.  Yost stated that the Village attorney reviewed the ordinance, and a few amendments were made since the draft was last seen by the Ordinance Review Committee.  Dupuie asked whether Council was aware that there are companies who requested this Ordinance be adopted before purchasing property in the Village.  Trustee Needham and Manager Yost stated that the ordinance is needed to comply with State law.  Dupuie stated she would have appreciated seeing a copy of the revised ordinance after attorney review. Trustee Kelly asked whether Council should have received a copy one week in advance.  Yost stated that the packets are not available until the Friday prior to the Council meeting.

Motion by Sanborn, second by White, to adopt Ordinance 2017-009. A roll call vote was then taken:  Ayes – President Sieting and Trustees Ellis, Kelly, Needham, North, Sanborn and White; Nays – Trustee Dupuie; Absent –None.  Motion carried.

Consider Adoption of Resolution 2017-024 Affirming the Rights and Protections of all Persons – Motion by Needham, second by Sanborn, to adopt Resolution 2017-024.  Motion carried on a voice vote.

PUBLIC COMMENT

Jarrad Novath stated he currently owns a business downtown, and is looking into purchasing the building in which he operates. Novath noted that sewer drains are being installed behind the property, and asked whether he would be permitted to construct a pole barn behind the existing building.  Novath stated approval of this request would determine whether he purchases said building.  Manager Yost explained that an easement was executed between the Village of Kalkaska and the current owner of the building to install the sewer line to service buildings downtown.  Yost advised that the pole barn issue cannot be answered tonight, and requested that Novath contact the Village Office to discuss further.

Trustee Kelly stated she was glad to see Public Comment come before Closed Session.

CONSIDERATION OF TRIAL OR SETTLEMENT STRATEGY WITH COUNSEL REGARDING PENDING LITIGATION (Possible Closed Session per Section 152.268e of the Open Meetings Act)

Motion by White, second by Sanborn, to go into closed session to consult with the Village of Kalkaska attorneys regarding trial and settlement strategy in connection with the pending healthcare lawsuits with the Hills, Ramseys, and Chew-Artress’s pursuant to MCL 15.283(e) because discussion in open session will have a detrimental financial effect on the litigating and settlement position of the Village. A roll call vote was then taken:  Ayes – President Sieting and Trustees Dupuie, Ellis, Kelly, Needham, Sanborn and White; Nays – None; Absent – None.   Motion carried.  Closed Session began at 6:22 p.m.

RETURN TO OPEN SESSION

Motion by White, second by Ellis, to return to Open Session. A roll call vote was then taken:  Ayes – President Sieting and Trustees Dupuie, Ellis, Kelly, Needham, Sanborn and White; Nays – None; Absent – None.  Motion carried.  Open Session resumed at 7:10 p.m.

Motion by White, second by Needham, that the Village attorneys are authorized to pursue the strategy discussed in closed session for the reasons discussed in closed session. A roll call vote was then taken:  Ayes – President Sieting and Trustees Dupuie, Ellis, Kelly, Needham, Sanborn and White; Nays – None; Absent – None.  Motion carried.

ADJOURNMENT

With no further business coming before this Council, President Sieting adjourned the meeting at 7:11 p.m.

Recorded By: Angie Koon, Village Clerk