Harbor Commission

Manistee Harbor Commission Agenda Tuesday, January 18, 2022, at 1:00 p.m. – Council Chambers 70 Maple Street, Manistee MI 49660 ____________________________________________________________________ Call to Order Approval of Agenda Public Comments on Agenda Items (5-minute limit) Election of Officers Approval of Minutes • Minutes of November 17, 2021 Reports • Harbormaster o Riverbank Revetment Project Update o Marina Dock Replacement Update • City Manager New Business • Annual Review of Bylaws • Annual Review of Strategic Plan • Update Member Roster • Marina Manager Position • South Breakwater Construction • Beach Nourishment Public Comment (5-minute limit) Comments by Harbor Commissioners Adjourn  HARBOR COMMISSION MINUTES MEETING OF NOVEMBER 17, 2021 A meeting of the Manistee Harbor Commission was called to order by the recording secretary on Tuesday, November 17, 2021, at 3:30 p.m. in the Council Chambers, City Hall, 70 Maple Street, Manistee MI 49660. MEMBERS PRESENT Ty Cook, Jeff Mikula, Tracey Lindeman, George Becker, Bill Gambill MEMBERS ABSENT Tom Swedenborg OTHERS PRESENT T APPROVAL OF AGENDA AF MOTION by Tracey Lindeman, second by Jeff Mikula, to approve the agenda as submitted. Voice vote - motion carried. PUBLIC COMMENTS ON AGENDA ITEMS • None DR ELECTION OF VICE-CHAIR MOTION by Jeff Mikula, second by Tracey Lindeman, to elect Ty Cook as Co-Chair for the remainder of the year. With Roll Call this motion passed 4 to 0. Yes: Ty Cook, Jeff Mikula, George Becker, Tracey Lindeman No: None Newly elected Co-Chair Ty Cook took over leading the meeting. APPROVAL OF MINUTES MOTION by Jeff Mikula, second by George Becker, to approve the minutes for the July 20, 2021 meeting as presented. Voice vote - motion carried. UNFINISHED BUSINESS • Riverbank Revetment Project Update – Jeff Mikula – Contractor is in the final stages of work. Stone revetment is installed, parking lot retaining wall has been replaced and railing Harbor Commission Minutes – November 17, 2021 Page 1  up. East of the launch sidewalk has been poured and restoration completed to net shed pier, dune grass included. Sidewalk was supposed to be on top of the splash stone but there was enough room to offset it 3/5 inland more so railings were not needed. Stone quantity needed east of the launch was less than projected so was able to extend it further. Damaged sidewalk has been removed. Synthetic material was used for the elevated sidewalk as a trial – is working well. • Marina Dock Replacement Update – Jeff Mikula – Contractor has the docks constructed and galvanized but is waiting for their barge, that is working on another project, to be available. Projected to begin in early December and finish up in 3 weeks. Should have no impact on Marina Operations as it is closed for the season. • Fricano’s Manistee River Land Sale Update – Bill Gambill – Land was purchased using land and water conservation funds in the 1970s so requires a conversion if City sells. Last year we submitted a grant application to improve the north Riverwalk and a land conversion hinders the grant application. Ted Fricano and the City agreed to hold off on the sale until next summer. Ted Fricano was fine with waiting on the deck expansion to focus on the interior T work. Land replacement has been submitted for the conversion, area near the 9th Street boat launch, it must be similar value and similar rec use. STAFF REPORTS • Harbormaster AF o Bridge tenders are no longer manning bridges – only on demand, which has been frequently over the last 2 weeks. o Marina manager has retired after the end of the season. Please keep this in mind and • D mention to anyone who may be interested in next spring. R Boat Launch Revenue o Reviewed the boat launch revenue. NEW BUSINESS • Annual Report to Council – the recording secretary suggested that with the Chair out and the missed meetings that the commission forgoes the annual report and plans on it for next year. Commissioners agreed. • Set Meeting Dates for 2022 MOTION by Tracey Lindeman, second by Jeff Mikula, to approve the meeting dates as presented. Voice vote - motion carried. PUBLIC COMMENTS • None. Harbor Commission Minutes – November 17, 2021 Page 2 OTHER COMMENTS • Jeff Mikula asked the Commission to begin thinking about budget priorities for next year. • Discussed Marina building patio, maintenance, and issue with homeless individuals gaining access to building. • Jeff Mikula gave an update on the Princess and their first season in Manistee. Will be meeting with the owner to discuss a few issues. ADJOURNMENT Next meeting is scheduled for January 18, 2021, at 1:00 p.m. in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. MOTION to adjourn by Ty Cook, second by George Becker at 4:00 p.m. Kelly McColl Recording Secretary T AF DR Harbor Commission Minutes – November 17, 2021 Page 3  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 Vacancy Unexpired term 10/31/22 Tracey Lindeman 856-297-0859 (m) 308 River Street tlindeman@comcast.net 10/31/21 / (05/19) Manistee MI 49660 Vacancy Expired term 10/31/21 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 (m) 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 bylaws Harbormaster 231-510-6050 (m) / (05/20) Bill Gambill 231-398-2801 (w) City Hall bgambill@manisteemi.gov City Manager / (09/21) (Non-Voting Ex-Officio) Kelly McColl 231-398-2801 (w) City Hall kmccoll@manisteemi.gov Position required in bylaws Recording Secretary / (12/19) Updated: January 11, 2022