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Harbor Commission

Regular Meeting

Manistee, MI · January 19, 2021

AgendaMinutes

Minutes

HARBOR COMMISSION MINUTES MEETING OF JANUARY 19, 2021 A meeting of the Manistee Harbor Commission was called to order by the Chair on Tuesday, January 19, 2021 at 1:00 p.m. via Zoom. Roll Call Present Excused Absence Unexcused Absence Commissioner Fritz Boehm x Commissioner Ty Cook x Commissioner Jeff Mikula x Commissioner Tom Swedenborg x Commissioner Alex Zaccanelli x Commissioner Tracey Lindeman x Commissioner George Becker x City Manager Thad Taylor x OTHERS PRESENT APPROVAL OF AGENDA MOTION by Ty Cook, second by George Becker, to approve the agenda as presented. With Roll Call this motion passed 4 to 0. Yes: Ty Cook, Jeff Mikula, Tom Swedenborg, George Becker No: None PUBLIC COMMENTS ON AGENDA ITEMS • None ELECTION OF OFFICERS As required in the bylaws, the election of officers shall occur at the first meeting of each calendar year and officers shall take office upon selection and shall hold office for a term of one year. MOTION by Jeff Mikula, second by Ty Cook, to re-elect the existing Chair and Co-Chair for the upcoming year. With Roll Call this motion passed 4 to 0. Yes: Ty Cook, Jeff Mikula, Tom Swedenborg, George Becker No: None Chair: Tom Swedenborg, Co-Char: Fritz Boehm Harbor Commission Minutes – January 19, 2021 Page 1 APPROVAL OF MINUTES MOTION by Jeff Mikula second by Tom Swedenborg, to approve the minutes for the October 20, 2020 meeting as presented. With Roll Call this motion passed 4 to 0. Yes: Ty Cook, Jeff Mikula, Tom Swedenborg, George Becker No: None STAFF REPORTS Harbormaster. • Shoreline Revetment Project: o Publicly bid out Shoreline Protection package. Bid came in slightly over budget, met with contractor and agreed to value engineered changes to reduce price. EGLE permit has been received, still waiting on Corps of Engineers permit. o Swidorski Bros was awarded the contract and will begin constructing the fence around their staging area, east of the launch ramps. Rocks will be delivered beginning next week. o Riverwalk portion of project needs to be finished by July 1, 2021 and completion date for entire project is in September 2021. o Pavement in the boat ramp parking lot may suffer from the heavy loads but contractor is required to restore and patch. o Riverwalk will be elevated and cast in place on top of rock with steel railings. This should protect from future wave action and erosion. o Welcome sign will be cleaned and relocated to a more appropriate site by City staff when bank is stabilized. • Received notice of approved permit from Corps of Engineers for work being done at Harbor Village – believe it is due to ongoing repairs of existing docks. • Patio area at Marina building – Jeff will follow up. City Manager. • City was contacted by educators at MSU for a research project – study on highwater and shoreline erosion. Study utilizes a drone flown over shoreline by a trained community member. MSU already has 6 communities involved in the project and would like to add Manistee. Study would provide useful information which would include updates on erosion trends. NEW BUSINESS • Annual Review of Bylaws - MOTION by Tom Swedenborg, second by Ty Cook to table the review of bylaws until the April 20, 2021 meeting. With Roll Call this motion passed 4 to 0. Yes: Ty Cook, Jeff Mikula, Tom Swedenborg, George Becker No: None • Annual Review of Strategic Plan – MOTION by Tom Swedenborg, second by George Becker to table the review of Strategic Plan until the April 20, 2021 meeting. Harbor Commission Minutes – January 19, 2021 Page 2 With Roll Call this motion failed 2 to 2. Yes: Tom Swedenborg, George Becker No: Ty Cook, Jeff Mikula Discussed the importance of prioritizing Strategic Plan for use in budget development. Waiting for the April meeting will not allow Jeff Mikula to consider Commission’s priorities for the Fiscal Year 2021-22 if they differ from those in current Strategic Plan. MOTION by Jeff Mikula, second by Ty Cook to hold a special meeting, within a months’ time, to review and prioritize Strategic Plan. With Roll Call this motion passed 4 to 0. Yes: Ty Cook, Jeff Mikula, Tom Swedenborg, George Becker No: None Recording Secretary, Kelly McColl was directed to schedule the special meeting. • Annual Review of Member Roster – MOTION by Jeff Mikula, second by Tom Swedenborg to verify the accuracy of the presented roster with the missing members, subject to that verification, approve the roster as presented or with necessary changes. With Roll Call this motion passed 4 to 0. Yes: Ty Cook, Jeff Mikula, Tom Swedenborg, George Becker No: None PUBLIC COMMENTS • None. OTHER COMMENTS • George Becker asked about the ownership of Marinas in the City limits, other than the Municipal Marina. Was informed the other marinas are privately owned but the City owns the river frontage and leases this to private owners. • Jeff Mikula asked Thad Taylor if a completion date was known for Fricano’s restaurant, located at 440 River Street, as it is likely to have an impact on the Marina. A date is not yet known. ADJOURNMENT Next meeting is scheduled for April 20, 2021 at 1:00 p.m. MOTION to adjourn by Tom Swedenborg, second by Jeff Mikula at 1:44 p.m. Kelly McColl Recording Secretary Harbor Commission Minutes – January 19, 2021 Page 3

Agenda

Manistee Harbor Commission Agenda Tuesday, January 19, 2021 at 1:00 p.m. – Virtual Meeting ____________________________________________________________________ Join Zoom Meeting: https://us02web.zoom.us/j/85266868016?pwd=NVpoTUNGcGZoeks2L0t6WGc4VTRUUT09 To Attend the Meeting by Phone: +1 646 558 8656 US (New York) Meeting ID: 852 6686 8016 Passcode: 654858 Call to Order Approval of Agenda Public Comments on Agenda Items (5-minute limit) Election of Officers Approval of Minutes • Minutes of October 20, 2020 Reports • Harbormaster  Shoreline Protection Project  Harbor Village Construction Permit • City Manager New Business • Annual Review of Bylaws • Annual Review of Strategic Plan • Update Member Roster Public Comment (5-minute limit) Comments by Harbor Commissioners Adjourn HARBOR COMMISSION MINUTES MEETING OF OCTOBER 20, 2020 A meeting of the Manistee Harbor Commission was called to order by the Chair on Tuesday, October 20, 2020 at 1:00 p.m. in the Council Chambers, City Hall, 70 Maple Street, Manistee MI 49660. Roll Call Present Excused Absence Unexcused Absence Commissioner Fritz Boehm Commissioner Ty Cook Commissioner Jeff Mikula Commissioner Tom Swedenborg Commissioner Alex Zaccanelli Commissioner Tracey Lindeman Commissioner - Vacancy --- --- --- City Manager Thad Taylor OTHERS PRESENT Laura Brennan – Marina Manager PUBLIC HEARING APPROVAL OF AGENDA MOTION by Tracey Lindeman second by Ty Cook, to approve the agenda as submitted. Voice vote - motion carried. PUBLIC COMMENTS ON AGENDA ITEMS • None APPROVAL OF MINUTES MOTION by Jeff Mikula, second by Tracey Lindeman, to approve the minutes from the September 1, 2020 regular meeting as presented. Voice vote - motion carried. UNFINISHED BUSINESS Harbor Master – Jeff Mikula • Five replacement docks still on hold - will apply for grant next year. • Shoreline Stabilization – bids going out in December with completion date of 06/01/2021. Begins at the stub pier to net shed pier, includes damaged Riverwalk. STAFF REPORTS Marina Manager. • Marina will go through recertification for Clean Marina Program next year – done every five years. • Exceptional year – busy, often full marina. Even smaller docks with areas underwater were able to be rented. • 12 seasonals, 2 post-season rentals. Harbor Commission Minutes – October 20, 2020 Page 1 • Seasonals will be first come first serve next season. Only 12 available to allow for transient spaces. • Number of boats per month was up after executive orders allowed for motorized boat usage. Uptick in length of stays. Not much day use as the slips were often full. • Could use signs for courtesy docking. Staff is aware of courtesy docks at other downtown businesses and direct visitors if marina is full. • All employees must be over 18. • High water makes things difficult. • Has 3 bikes available for marina guests. Harbormaster. Gave report under Old Business. Discussed patio at marina – will look at designs on file and price. Any budget items need to be presented at the next meeting to be considered in the next fiscal year. City Manager. • Reviewed Boat Launch Revenues. Very happy with season – only $2500 short of the 5 year average, even with high water issues and executive order restrictions. NEW BUSINESS Set Meeting Dates for 2021 MOTION by Jeff Mikula, second by Tracey Lindeman, to accept the 2021 meeting dates as presented. Voice vote - motion carried. PUBLIC COMMENTS OTHER COMMENTS ADJOURNMENT Next meeting is scheduled for January 19, 2021 at 1:00 p.m. in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. MOTION to adjourn by Tracey Lindeman at 1:50 p.m. Draft – km Kelly McColl Recording Secretary Harbor Commission Minutes – October 20, 2020 Page 2 MANISTEE HARBOR COMMISSION BYLAWS AND RULES OF PROCEDURE Section 1. NAME. The name of the Commission shall be the "Manistee Harbor Commission." Section 2. PURPOSE. The purpose of the Commission shall be to implement and carry out provisions of Chapter 266 of the Manistee Code of Ordinances. (As may be amended from time to time.) Section 3. MEMBERSHIP OF THE COMMISSION. The membership of the Commission shall consist of seven (7) members appointed by the City Council, one of whom shall be the Harbormaster. They shall serve three (3) year terms. The City Manager shall be a non-voting ex-officio member of the Commission. Section 4. OFFICERS. 4.1 Selection: The Commissioners shall elect a chair, and a vice-chair. The election shall take place during the first meeting of each calendar year. Officers shall be selected by majority vote of the Commissioners. Recording Secretary services will be provided by the Executive Secretary in the City Manager's Office. 4.2 Tenure: The Officers shall take office upon selection and shall hold office for a term of one year, or until their successors are selected and assume office. Section 5. OFFICER DUTIES. 5.1 CHAIR. The Chair shall: a.) Preside at all meetings. b.) Appoint committees. c.) Periodically meet with City department staff. d.) Appoint an acting recording secretary for a meeting m which the recording secretary is absent. e.) Perform such other duties as may be ordered or authorized by the Harbor Commission. HARBOR COMMISSION BYLAWS & RULES OF PROCEDURE PAGE 1 5.2 VICE-CHAIR. The Vice-Chair shall: a.) Act in full capacity of the Chair in the absence of the Chair. b.) In the event of a vacancy in the position of Vice-Chair, the Harbor Commission shall then select a successor to the office of Vice-Chair from its membership for the unexpired term. 5.3 SECRETARY. The Secretary shall: a.) Execute documents in the name of the Harbor Commission as authorized by the Harbor Commission. b.) Be responsible for the minutes of each meeting and shall have them appropriately distributed. c.) Track attendance and make reports to the City Manager as specified in Section 6.3 of these bylaws. d.) Perform such other duties as the Harbor Commission may determine. Section 6. VACANCIES, REMOVAL, ABSENCES. 6.1 Vacancies: Vacancies shall be filled for unexpired terms in the same manner as original appointments. 6.2 Removal: A member may be removed from office by the appointing City Council for neglect of official duty or misconduct in office after being given a written statement for reasons and an opportunity to be heard thereon. 6.3 Absences: In order to maintain the maximum participation of all appointed Harbor Commission members at all scheduled meetings, the following is the attendance guide and Board member replacement policy for "excused" or "unexcused" absences: a) When appointed, each Commission member should state his/her willingness and intention to attend each scheduled meeting of the Harbor Commission. b) In the event of unplanned personal matters, business trips, family vacation trips, changed job requirements, sickness, or other physical disabilities that prohibit the Board member from attending the scheduled meeting; the Commission Chair or staff liaison to the Harbor Commission should be notified as soon as possible prior to the time of the scheduled meeting of their inability to attend. The Commission member upon this notification will receive an "excused absence" for the involved scheduled meeting. c) If any Commission member is absent from three (3) consecutive scheduled meetings without an "excused absence" for any of the three (3) meetings, the Commission member shall be reported in writing to the City Manager. The City Manager will contact the Commission member in writing and question his/her continued ability or interest in being on the Commission, giving the member a chance to rectify the attendance issue or submit a resignation. d) There will be no limit on the number of consecutive "excused absences" for any Commission member. However, if the Commission member is repeatedly absent for HARBOR COMMISSION BYLAWS & RULES OF PROCEDURE PAGE2 at least 50% of the yearly scheduled meetings, that member will also be reported in writing to the City Manager. The City Manager will contact the Commission member in writing and question the member's continued ability or interest to be on the Commission. The Commission member will be considered for appointment nullification when the absences total six in the calendar year. e) The appointment nullification action would be initiated by the City Manager and forwarded on to the City Council for official action. Section 7. MEETINGS. 7.1 Regular Meetings: As directed in Chapter 266 of the Manistee Code of Ordinances the Commission shall meet at least quarterly during each year, and more frequently as needed. The date and time of each meeting will, where practicable be agreed upon by the consensus of the Commission members and such City staff as may be assigned to meet with the Commission. Meeting times and locations shall be posted and open to the public with time set aside at each meeting to receive public comment. All actions taken by the Commission shall be recorded by the Secretary and filed with the Manistee City Clerk. All meetings and Commission business shall comply with the Open Meetings laws of the State of Michigan. Meetings can be cancelled by the Chair if there are no agenda items or if it is predetermined that a quorum will not be present. Special meetings may be called by or at the request of the Chair or any two members. Meetings shall be held after due notice to all members and the public. 7.2 Quorum: Four members shall constitute a quorum for the transaction of business. Whenever a quorum in not present at a meeting, those present may adjourn the meeting to another day or hold the meeting for the purpose of considering such matters as are on the agenda. No action taken at such a meeting shall be final or official unless and until ratified and confirmed at a subsequent meeting when a quorum is present by acting to approve the minutes of the meeting at which the quorum was not present. 7.3 Order of Business: The Chair or their designee shall prepare an agenda for each meeting and the order of business shall follow in an orderly manner according to the agenda. A designated period for public comment shall be allowed. A time limit for discussion and/or comment may be set by the Chair. 7.4 Parliamentary Procedure: Parliamentary procedure in Harbor Commission meetings, when needed, shall be governed by Roberts' Rules of Order. Section 8. EXPENSE REIMBURSEMENT. Commissioners shall be reimbursed by the City of Manistee for all pre-approved out of pocket expenses incurred in carrying out the official business of the Commission. The City Manager or his designee shall be responsible for the preapproval process. HARBOR COMMISSION 8 YLA WS & RULES OF PROCEDURE PAGE3 Section 9. CONFLICT OF INTEREST. In the event that business being carried out by the Commission may have a personal or financial impact on a member of the Commission or their immediate family, or any corporation or business of which a Commissioner is an officer or director, the Commission member must disclose the conflict of interest and refrain from voting on that particular business. If any question of whether or not a conflict exists cannot be determined by the Commission, then the matter of the question shall immediately be referred in writing to the Manistee City Attorney for consultation and recommendation. Section 10. CHANGES OR AMENDMENTS. Bylaws shall be reviewed annually during the first meeting of the year. All changes or amendments to the Bylaws must be approved by the majority of the Commissioners. Such changes or amendments must be presented to the Commission in writing for consideration and may not be voted upon until the following regularly scheduled meeting. Upon approval by the Commission, the Bylaws, showing the proposed amendment, shall be submitted to the Manistee City Council for final approval. The foregoing Bylaws were duly adopted at a regular meeting of the Manistee Harbor Commission held 9/16/91; amended 5/06/96; amended 4/4/06; amended 8/3/09 amended 5/10/11; amended 2/19/13. Approved by the Manistee City Council: 3/s 13 Dated HARBOR COMMISSION 8 YLAWS & RULES OF PROCEDURE PAGE4 MANISTEE CITY HARBOR COMMISSION MEMBER ROSTER NAME PHONE ADDRESS E-MAIL TERM / APPOINTED Tyler Cook 231-723-4387 (h) 373 Second Street cook.jt38@yahoo.com 10/31/22 / (05/11) 231-714-8543 (m) Manistee MI 49660 Alex Zaccanelli 231-398-0351 (h) 457 Fourth Street alex@bearlakeinsurance.com 10/31/22 / (2/13) 231-864-3373 (w) Manistee MI 49660 Tracey Lindeman 231- (h) 308 River Street tlindeman@comcast.net 10/31/21 / (05/19) 856-297-0859 (m) Manistee MI 49660 Fritz Boehm 231-723-7207 (h) P. O. Box 634 putterpop@yahoo.com 10/31/21 / (03/16) Vice-Chair 231-510-5339 (w) 200 Cutter Ridge Drive Manistee MI 49660 Tom Swedenborg 231-690-9971 (m) 562 First Street tmswede@gmail.com 10/31/21 / (10/15) Chair 231-723-0114 (h) Manistee MI 49660 George A. Becker 773-648-3255 565 Bryant Avenue gabeck@outdrs.net 10/31/23 / (12/20) Manistee, MI 49660 Jeff Mikula 231-723-7132 (w) City Hall jmikula@manisteemi.gov Position required in Harbormaster 231-510-6050 (m) bylaws / (05/20) Thad Taylor 231-398-2801 (w) City Hall ttaylor@manisteemi.gov City Manager / (04/15) (Non-Voting Ex-Officio) Kelly McColl 231-398-2801 (w) City Hall kmccoll@manisteemi.gov Position required in Recording Secretary bylaws / (12/19) Updated: January 4, 2021

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