MINUTES

Spring Lake Village

January 3, 2005

7:30 P.M.

Barber School Meeting Room

102 West Exchange

Spring Lake, Michigan

 

I.  Call to Order

     

     President Keller called the meeting to order at 8:45 p.m.

 

II.               Pledge of Allegiance

 

III.          Roll Call

 

A.              Present:       Filber, Fischer, Holland, Keller, Palma & VanStrate

B.              Excused:     Hall  

 

IV.         Reports and Statements of Citizens: 

 

No reports or statements of citizens were presented.

 

V.  Consent Agenda

 

A.              Approved a resolution pertaining to non- discrimination under Title VI pertaining to amending the Spring Lake Village Personnel Policies to revise the Village’s equal opportunity policy to conform with MDOT contract requirements and authorized the Village Manager as the equal opportunity employment coordinator to execute the personnel policies and other required documents.  This resolution was newly required under Title VI by MDOT.   The impact was to re-state our current hiring practices and ensure they are included in the personnel policies and procedures manual as such. 

 

B.              Approved extending the policy to have the Village Council review demolition permits for buildings 50 years old or older, with the inclusion of a potential 30-day additional review period for structures believed to have historical merit.  The Village Attorney would draft the policy.

 

On a motion by Fischer, support from Filber, the Village approved the consent agenda as presented.

 

                                Yes:                  5                      No:                  1(VanStrate)

 

 

VI.                                   Report By the Village Clerk

 

 

A.  Held a public hearing on renewal of a nonexclusive 2004 Cable Television Franchise Agreement with CC Michigan, d/b/a Charter Communications for a term of fifteen years.

 

The group cable franchise negotiations were done.   

Most of the Village’s protections and requirements stayed the same in this “round,” except updates mandated by preemptive state and federal statutes/regulations. 

The overall gains were:   better insurance provisions, the potential to get grants to support school or Village channels, improved contact information, continuation of one free modem service for the Village, conclusion of the audit, continuation of the 5% franchise fee and three (PEG) channels, along with modest funding if desired. 

Significantly, the “bundling” clause was different, given the advent of cable modem for Internet users.  The change ensured that a “package” of services that included television cannot be sold under the larger umbrella of “cable modem internet” services and franchise fees thereby be escaped.   Without this change, the cable company would have had the right to offer cable modem via the Internet and theoretically reduced the Village’s 5 % franchise payments under new Federal Communications Commission’s regulations.  This provision would stem possible loss of 5% and ensured that it was prorated appropriately.

Following this hearing, action on the franchise ordinance would be scheduled for February 7, 2005.  At that time, the Council would also be asked for authorization to execute a cable modem side letter and to approve of a resolution resolving the franchise fee audit process. 

            President Keller declared the public hearing open for comments at 8:56 p.m.

            No public discussion was presented.

On a motion by Fischer, support from Holland, the Village Council closed the public hearing at 8:57 p.m.

 

                                    Yes:                 6                      No:                  0

 

VII.                              Report by the Village Manager

 

A.  Designated 207 East Savidge as a Historic Landmark.

 

Subject:  The Historic Conservation Commission regularly recommended new landmarks upon application of the property owner and review.  Mark and Christine Miller were interested in having their house included as a historic landmark at 207 East Savidge.  Members of the Historic Commission were present to discuss their recommendation with the Village Council. 

 

On a motion by Holland, support from Fischer, the Village Council designated 207 East Savidge as a historic landmark.

 

                                    Yes:                 6                      No:                  0

 

 

VIII.        Reports by the Village Council:

 

          On a motion by Fischer, support from Holland, the Village Council appointed       Councilmember Filber to serve as an alternate council representative on the           Village Planning Commission.

 

                        Yes:                 6                      No:                  0

        

 

           On a motion by Holland, support from VanStrate, the Village Council approved    cancellation of the January 17, 2005 regular village council meeting.

 

                                       Yes:                 6                      No:                  0

     

 

IX.                                    Statements of Citizens:

 

 

        No statements of citizens were presented.

 

X.    Executive Session to Discuss Collective Bargaining

 

 

 On a motion by Fischer, support from Holland, the Village Council adjourned into executive session at 9:03 p.m.

 

                                       Yes:                 6                      No:                  0

 

Resolved that the Village Council meet in executive session for reasons permitted by Section 8(C) of the Michigan Open Meetings Act, MCL 15.268 (e); MSA 4.1800(18)(e); as requested by the Village Manager, to confer with legal counsel on matters permitted by Section (e) of the Open Meetings Act.                                          

 

On a motion by Holland, support from VanStrate, the Village Council arose from executive session at 9:13 p.m.

 

                                                Yes:                 6                      No:                  0

 

 

XI.                   Adjournment

 

On a motion by VanStrate, support from Palma, the Village Council adjourned at 9:15 pm.

 

 

                                                Yes:                 6                      No:                  0                     

 

 

 

______________________________________________

Daniel Keller, Village President

 

 

 

_______________________________________________

Maribeth Lawrence, Village Clerk/Treasurer