Grand Beach council adopts short-term rental, trash and recycle ordinance

BY FRANCESCA SAGALA

Members of the Grand Beach Village Council adopted a Trash and Recycle Ordinance and a Short-Term Rental Ordinance at their Wednesday, May 18, meeting.

Per its language, the trash ordinance will “require receptacles in the Village of Grand Beach to be removed from the curb or the edge of the street and placed in an appropriate area on the property during certain times and dates” which will “increase safety in village streets.”

The ordinance will also “provide penalties for violations.”

As suggested by councilmember Paul Leonard, councilmembers agreed to delete any references to Monday or Friday and instead discuss the date of trash pickup, the date before trash pickup and the date after trash pickup. Leonard said that this will prevent the council from having to amend the ordinance if the village changes trash vendors.

Councilmembers agreed to have the ordinance be effective July 1.

Councilmember Blake O’Halloran said that, after getting statistics last summer, it was discovered that only 10% of residents weren’t bringing trash cans back from the curb or edge of the street. He added that those who are unable to do so can work out a curbside deal with Able Disposal.

Councilmembers approved the short-term rental ordinance with caveat of “the length of the typical rental period for which the applicant intends to rent the property” being six days post Memorial Day weekend through pre-Labor Day weekend (as opposed to between May 1 and Sept 30), with all other periods being a minimum of two nights.

Per the ordinance, its purpose is to “provide for the registration and regulation of rental properties for the benefit of the health, safety and welfare of the general public.” Councilmembers agreed that it won’t go into effect until Jan. 1, 2023.

Councilmember James Bracewell, who serves as the village’s ex-officio member of the Planning Commission, said the ordinance isn’t “locked in stone.” He added that planners submitted the ordinance to the attorney as well as the council and that he believes that it will “represent the people who live here – those are the people who have been complaining.” “Is this perfect? I don’t think so, but I think it’s a first step in responding to people who have had so much to say,” he said.

Council president Debbie Lindley said that they have a clause in the ordinance that said that “you can change things” if something doesn’t work.

“We have great renters or owners who have rented their house for years and we never had a problem but as a changing society, these (regulations) are needed,” she said.

Councilmember Pete Doerr called it a “compromise of keeping the six but doing it during a smaller period of time,” with O’Halloran adding that this “goes back to the purpose of the whole thing – a balance between the renters and the residents.”

The waiver of all claims and indemnification agreement that will be incorporated by reference in the rental registration that’s outlined under the rental ordinance was approved.

Leonard said as part of the ordinance and the rental registration, the owner or local agent would have to “execute a waiver of all claims and an indemnification agreement to protect the village, so this would be part of that.”

Before the regular board meeting, councilmembers adopted the budgets for the 2022-2023 fiscal year and adopted the millage rate factor of 5.9196 for 2022 at a special meeting. Total estimated revenues are $1,968,255 and total estimated expenditures are $1,982,880. Councilmembers passed a resolution to apply for $154,773.25 in funding through the Michigan Department of Transportation (MDOT) from the Transportation Economic Development Category B Program to resurface/reconstruct Holiday Hills, Royal Avenue and Grand Beach Road. The village will need to provide at least $154,773.25 toward the construction costs of the project and all costs for design, permit fees, administration costs, and cost overruns.

Subject to review and approval of the assignment agreement between the village and the New Buffalo Shoreline Alliance (NBSA), councilmembers approved a motion stating the village intends to join the lawsuit currently pending brought by NBSA for the property owners who suffered loss of property as a result of the breakwater in New Buffalo, including Grand Beach.

Leonard said that attorney Sara Senica was “comfortable” with the village becoming a stakeholder in the lawsuit, but she first wanted to review the agreement.

Leonard said Senica wants to ensure the agreement “that we execute as jumping in as a plaintiff is fair to the village and protects our fiduciary responsibilities with respect to any damages we might recover.”

“If we’re successful and we recover damages, we get a lot of money because we’ve got a lot of beachfront property that’s affected by all of this, but that money goes to the village, it belongs to the residents - we just can’t on our own decide to give it away unless we’re getting something in return, some benefit,” he said.

In a 4-1 vote (Lindley voted nay), councilmembers approved raising the water tap fee from $3,600 to $5,000 due to increasing costs of materials and meetings.

Councilmembers approved redeploying $10,000 from the salt building fund for use of the village to trim trees.

Councilmembers approved the bid in the amount of $3,550 to add sand to the Lake Avenue beach access, which Doerr said will fill it in to allow people to walk down that beach.

Councilmembers approved Donkersloot and Sons removing the sheet metal from the beach at Royal Avenue and to perform revetment work at the Walnut Street Beach access.

Councilmembers also approved using Donkersloot putting in rock to protect the access and beach stairs at the Walnut Street Beach.

Councilmembers accepted the language for the Grand Beach Nature Preserve sign. It was suggested by Lindley last month that the large sign be installed on Golfview Road and a plaque at Rodhe Field.

Councilmembers approved adding deputy clerk Kathy Butler as a signor on bank accounts.

Councilmembers approved depositing $2,432.33 into police officer Creo Brewster’s health savings account (HSA).

Lindley said that since clerk Mary Robertson has been working at the office by herself all winter, she hasn’t had time to take any vacation days and has four weeks accumulated. Councilmembers approved a motion to pay for two weeks of her vacation time.