Proposed legislation could help embattled village.

Sen. Jon Bumstead testifies in Lansing Tuesday about the proposed bills.

Proposed legislation could help embattled village.

By Allison Scarbrough, Editor.

HESPERIA — For nearly a year, the feuding Hesperia Village Council has not been able to hold a meeting due to a lack of council members present.

Michigan State Senator Jon Bumstead serves the 34th District, which includes Oceana, Newaygo and Muskegon counties, and Hesperia is uniquely situated in both Oceana and Newaygo counties.

Bumstead testified in Lansing Thursday, Feb. 6, in support of Senate Bills 712 and 713.

“These bills help local governments by providing direction for villages unable to achieve a quorum and give them tools to ensure elected officials are held to their duties,” the senator said.

The former Hesperia Variety Store where the proposed medical marijuana dispensary would be located.

In order for a seven-member board to conduct a meeting, at least four members – a quorum – must be present.

“The village of Hesperia has been unable to hold a village council meeting since May 20, 2019 due to a lack of quorum,” said Bumstead. “Under this legislation, the presiding officer of a local council could compel absent council members to attend a meeting.

“If a village fails to compel an absent member to attend a meeting under ordinary circumstances, the absent member shall be guilty of gross neglect of duty, which is a precursor for the governor to consider removal.

“Some of the current requirements are overly burdensome and do not allow officials to properly conduct business or deal with officials who are not performing the job they were elected to do,” said the senator.

“Residents, along with statewide and federal officials, are expected to show up to work every day, and people ought to receive that same courtesy from those elected to serve in local positions.”

Division Street in downtown Hesperia.

With the resignation of three members and one who reportedly has been a repeat no-show, the council can’t form a quorum to hold meetings. Council members Kristin Denbesten, Carol Kochans and JR Derks resigned last summer, said Village President Mike Farber. Without a quorum to hold meetings, their resignations can’t even be accepted by the board.

Feuding among village council members is to blame. There have been lawsuits filed, open meetings act allegations made and recall petition efforts attempted. The three members who do regularly attend the meetings are suing the four who don’t, Farber said. The suit calls for a remedy of either attending the meetings or vacating their seats, he said.

However, Derks rescinded his resignation a week ago, Farber said. “We’re considering him back on the board.”

Farber said the council has not met since the beginning of March. “We’re stuck in the middle,” he said. “This is not how a village is supposed to be run.”

One source of contention among the council is a proposed medical marijuana dispensary in the former Hesperia Variety Store building located next to the village office. Development of that project stalled in January of 2019 when the council deadlocked on a decision to approve it. Voting in favor of the ordinance were Farber, Jim Smith and Joyce McDonald, and voting “no” were Mike Maynard, Denbesten and Kochans. Derks was absent. Smith and McDonald remain on the board.

As no meetings occur, the village is very limited in being able to get much accomplished, Farber said. “We can’t do any work on the roads,” he said. A blighted house that was set for demolition could not be torn down.

Fortunately, bills are getting paid, and village employees are still getting their pay checks, he said.

The council is also without a village attorney. The village terminated its previous counsel, the Muskegon law firm of Williams Hughes, PLLC, about a year ago. Although, Farber said council is able to consult with attorney Jon Schrier on a limited basis, because the president is authorized to make payments of $2,500 or less.

Another battleground issue were the islands near the Hesperia dam on the White River, Farber said. Although a lawsuit resolved a controversy over property rights involving a former councilman Lou Nemastil, he said.

Phone calls to both Derks and Marynard were not immediately returned Friday, Feb. 7. However, both gentlemen reached out to OCP last December. In a previous phone interview, Derks expressed his concern over the resignation of the village’s DPW supervisor Jeremy Stevens, claiming corruption sparked his departure. The village’s water quality is below standard, and village vehicles are not getting repaired, he said in December.

Derks said his absences from the meetings are a “filibuster.” A filibuster is a tactic used in the United States Senate to prevent a measure from being brought to a vote most commonly by extending debate on the measure.

“I would show up if they didn’t do illegal things,” Derks said. “They’re doing things outside the rules.”

“It’s terrible over here,” said Maynard in a phone interview last December. “They’ve done everything illegally.”

“The blind are leading the blind,” Derks said.

Bumstead said he has received no opposition to the proposed legislation that would allow remaining council members to make temporary appointments for the vacant seats until an election is held to permanently fill them.

The next Hesperia Village Council meeting is set for Monday, Feb. 10, at 7:30 p.m.

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