August 2013

 

August 2013

 
VILLAGE COUNCIL PROCEEDINGS 
August 5, 2013

Lincoln Village Council met on Monday August 5, 2013 at 7 p.m. at the Village Hall.  Meeting opened with the Pledge of Allegiance.  Present included President Jordan, Treasurer Kossa, Clerk Somers, and Council Members: Gauthier, Healy, Phillips, Naylor, Somers and Stutzman.  Also present were Attorney David Cook and guests.

July Meeting Minutes were approved on a motion by Gauthier/Stutzman.  Treasurer’s report was approved subject to audit on a motion from Gauthier/Stutzman.  Treasurer Kossa stated that a new account has been opened called the Special Events Account.   Bill was received for the mulch at the Flights of Imagination totaling $6161.00.  Money has been raised through bake sales, grant money and the sale of slats to surround the area.  Thanks go to all who have helped in this project, especially Teresa Hart and Naomi Potter.  
 
President Jordan presented an amended ordinance regarding issues in the park areas for a first reading. Proposed ordinance was read by Sara Healy.  The ordinance to be amended is 83-1.  Motion was made to accept the first reading of the amendment to the Village of Lincoln Ordinance 83-1 by Gauthier/Healy.  Motion carried.  The amended Ordinance follows:  

Village of Lincoln Ordinance 83-1 
WHEREAS, Camping and the campfires associated with camping have been permitted in the past in The Barlow Road Park, and
WHEREAS, District Health Department Number Two has said that such activity is unacceptable and illegal because of health and safety concerns, and
WHEREAS, It is thus necessary to update the village ordinances to reflect the modern realities of the 21st century and limit the liabilities of the Village.
BE IT THEREFORE RESOLVED, that,
Village of Lincoln Ordinance #83-1 shall be amended to cover ALL Parks and Recreation areas within the Village of Lincoln, and
That the said amended ordinance shall read as follows:
Village of Lincoln Ordinance “#83-1 as Amended, September 2013”
The Village of Lincoln hereby ordains that these rules and regulations shall apply to ALL Village owned and operated parks and recreational areas including the beach and boat launch areas within the Village of Lincoln.
Section I – PROHIBITED ACTS
It shall be unlawful for any person, firm or corporation using or permitted to use such parks to either perform or permit to be performed any of the following acts: 
(a) Willfully mark, deface, disfigure, injure, tamper with or displace or remove, any building, bridges, tables, benches, railings, paving or paving material, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers or other structures or equipment, facilities or park property or appurtenance whatsoever, either real or personal.
(b)  Signs. It shall be unlawful for anyone to paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatsoever, nor shall any person erect or cause to be erected any sign whatever on any public lands or highways adjacent to a park.  Provided that this provision shall not apply to any properly authorized government official in pursuit of her/his official duty.
(c) Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid which will or may result in the pollution of said waters. 
(d)  Brink in or dump, deposit any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse; or other trash.  No such refuse or trash shall be placed in any waters in or contiguous to any bathing beach area, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person (s) responsible for its presence, and properly disposed of elsewhere.
(e)  Disturb the peace, or use any profane, obscene or blasphemous language.
(f)  Endanger the safety of any person by any conduct or act.
(g)  Commit any assault, battery or engage in fighting.
(h)  Carry, possess or drink any alcoholic liquor in the park(s).  Any / All illegal substances and their use are prohibited.
(i)  Violate any rule for the use of the park, made or approved by the Village of Lincoln.
(j) Prevent any person from using any park, or any of its facilities, interfere with such use in compliance with this ordinance and the rules applicable to such use. 
(k)  Build a fire.  Exception being use of picnic grilles as provided by the Village for cooking purposes.
(l)  Camping is strictly prohibited in all Village of Lincoln Parks and Recreation Areas.  No tents, shelters or mobile campers of any kind are allowed.
(m)  No fishing shall be allowed within designated beach and buoy areas from the shore, swimming platform area or in a boat.
SECTION II REGULATIONS CONCERNING USE OF SWIMMING, BEACH AEAS AND BOAT LAUNCH
Each person, firm or corporation using or permitted to use the public swimming and beach areas shall clean up all debris and leave the premises and facilities in a neat and sanitary condition.
SECTION III PUBLIC BEACHES
(a) Bathing in the lake – bathing suit is required.  No person shall bathe or swim in the waters of a lake in or adjacent to the Village unless clad in a suitable bathing suit.
(b)  No person shall dress or undress on any beach, or in any vehicle, toilet or other place except in such facilities that may be provided for that purpose.
SECTION IV PARKS AND RECREATION HOURS OF OPERATION
All Village Parks and recreation areas shall be opened to the public between the hours of 7:00 a.m. and 10:00 p.m. unless Village officers or maintenance personnel find it necessary for any reason to close an area during the pursuit of their duties and to ensure public safety.  The beach/ swim area shall be open during the above stated hours between May 1st and October 1st.  Any section or portion of any park, beach, boat launch or recreational area may be declared closed to the public by the Village Council or President at any time for any interval of time, either temporarily or at regular or stated intervals.
SECTION V ANIMALS
It shall be unlawful for any person to bring or harbor any animal in the beach or swim area, except for Leader Dogs, Search & Rescue Dogs and Police Dogs, Owners are responsible for controlling their animals at the Boat Launch so that the peace and recreation of others is not infringed upon.
SECTION VI SPECIAL EVENT EXEMPTION
The Council or the President between Council meetings may issue an exemption for community organizations involved in community improvement activities such as work bees at the playground.
SECTION VII SIGNAGE
(a) The sides of the deepwater swim platform shall be painted reflective white with black letters stating, “NO FISHING IN SWIM AREA”.
(b) Each Village park and recreation area shall have two visible, reflective signs citing this ordinance, one facing outward and the other facing toward the park or recreation area and include the following:
Village of Lincoln Parks & Recreation
(name of park of area)
Open 7:00 a.m. to 10:00 p.m.
NO Excessively loud music
NO disturbing the peace; use of any profane, obscene or blasphemous language.
NO Rude or mischievous behavior
NO Destruction of public property
NO Littering
NO Loitering
NO Weapons of any type or description
NO Alcohol or illegal substances at any park or recreation area
NO Fires permitted at any time, picnic grilles are provided by the Village for cooking purposes only.
NO Animals allowed on the beach or in the swim area, except for Leader Dogs, Search & Rescue Dogs and Police Dogs,  
NO Fishing permitted in, into or adjacent to the beach and swim areas; from any part of Brownlee Lake.
NO Motorized or non-motorized vehicles or boats of any kind allowed on the beach or in the swim area.
*****NO LIFEGUARD ON DUTY AT THE BEACH OF BOAT LAUNCH*****
Parents or guardians are responsible for their children, their safety and conduct at all times.
                                       For EMERGENCIES call 911
      Authority:  “Village of Lincoln Ordinance # 83-1 as amended, September 2013” Violation of this ordinance in whole or any part thereof is a misdemeanor punishable by a fine of up to $100.00 for each separate violation.  Report any violation to Village of Lincoln (989) 736-8713.  
Lincoln Village Council
SECTION VIII ENFORCEMENT OF REGULATIONS
Local law enforcement agencies shall enforce the provisions of this and all other ordinances.
SECTION IX  
Violation of this ordinance shall be a misdemeanor punishable by a fine of up to $100.00 for each separate violation.
The Ordinance will be presented for adoption at the next Council meeting on Tuesday September 3rd.

Accident Investigation Committee met recently and recommendations were presented to the Council for approval. Motion was made by Gauthier/Naylor to adopt the policy which states: 

Any accident within a 12 month period shall be subject to the following action upon review by the Accident Investigation Committee
  • 1st offense, remainder of shift and one day off, unpaid. 
  • 2nd offense, 3 days off, unpaid. 
  • 3rd offense, termination of employee.  
Stutzman abstained.  Motion carried.  

No bids were received for the striping of roadways within the village.  However an estimate was received from PK Contracting.  Motion was made by Stutzman/Gauthier to spend up to $6400.00 to do the striping.  Motion carried.

In public comments Eric Bates addressed the Council regarding the sidewalks that were done in the Streetscape Project last year.  He stated that there are 3 places he is concerned about.  President Jordan has been working with the engineers to find a way to fix things.  Zoning Administrator Troy Somers has sent out several letters to have properties cleaned up.  So far the response has been good. Village resident Phil Potter stated that he has been contacted by people who are displeased with the “no camping” ordinance that is to be enacted.  He has contacted the health department and was told that they have accepted full responsibility for the decision that was made.  He further stated that there are several entities that are getting temporary permits to allow camping for special events.  He questioned why the Village doesn’t seek the same solution?  Lengthy discussion followed.  Council members agreed that there are several campgrounds in the area that are available to accommodate the group and that they do not wish to set a precedent by allowing one group to have use of the property and denying access to it by others.  
Leroy Hall, fire chief stated that it has been a quiet month.  A lot of repairs have been made to the fleet of vehicles.  Fire department and first responders will be working on the Pancake Breakfast and downhill derby that is coming on August 17th during the car show.  President Jordan asked to have as many as possible be a part of the events.  Healy asked about having someone be responsible for sounding the weather alarm/siren in the event of bad weather ie; tornado.  Leroy stated that if someone is nearby that has access to the building it could be done, otherwise that is not going to happen.
Sewer Commissioner Richard Somers stated that he does not have his sewer report finished yet.  He stated that he believes we need to consider purchasing 2 new pumps to have available for back-up service.  He was advised to get prices and report back to the Council at next month’s meeting.  President Jordan stated that we need to remember that we are currently looking at having a revamping of the sewer system so we need to find out where we are at regarding the proposed grant project.  

In old business Naylor asked about the support posts surrounding the outfield by the playground.  Dick will take care of it.  Phil Phillips stated that he believes the dog clean-up stations should be placed by the playground/ball field area and one by the boat launch.  Dick will be contacting the fencing company about the backstop and fence that can be purchased with grant money for the new ball field.  Healy stated that the meeting about economic growth is to be rescheduled.  Fair week will begin on August 19th.  Planning Commission will be meeting on September 19th at 6 p.m. 

President Jordan gave his report.  He reminded everyone that the Car show will be held on August 17th from 8am to 3pm.  He urged everyone to attend and show their support.  Soapbox derby will also be held.  Terri Goldstrom has asked to use the beach and playground area for search and rescue. President Jordan said he gave permission as he believes this is an important issue.  He sought information regarding sidewalk repairs along Fiske & Alger Streets.  Information will be tabled until the meeting for next year’s budget.  Several individuals have been asked to leave the playground and beach areas for inappropriate behaviors.  He has also had an issue with someone fishing in the buoyed area.  There continues to be an issue with the geese at the beach area and the boat launch.  Phil Jordan has been raking and cleaning those areas.  New roof was installed on the old restrooms at the ball field area.  He said we now need to paint the buildings before winter.  Dirt piles and diamond dust pile have been moved to a better location.  Alger Street is finished.  Flights of Imagination was re-sealed on July 23rd.  Thanks to all who helped with this project.  On August 1st mulch was put in, again thanks to everyone who helped with this endeavor.  President Jordan stated that horses in the Village continue to be an issue.  There have been reports that they are going unto private property – they have been warned about staying on the roadway.  

Motion to pay the bills as presented was made by Gauthier/Stutzman.  Motion carried.  Motion to adjourn was made by Gauthier/Stutzman. Motion carried.


Linda K. Somers
Village Clerk
lincolnmi.com
 
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