REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, November 5, 2013
A meeting of the City Council of the City of Belding, Michigan was convened in open and public session at 7:00 p.m. on Tuesday, November 5, 2013.
Council Member Belding delivered the invocation.
The Mayor led the audience in the Pledge of Allegiance.
The Acting Clerk took the roll call:
Members Present: Council Members Feuerstein, Scheid, Belding, Jones and Gunderson.
Members Absent: None.
The Mayor called for Public Comments.
None
The Mayor called for the Consent Agenda.
A. Approve Agenda
B. Approve Independent Bank Checks 60930 to 61016 in the amount of $174,992.06 and
C. Approve Chemical Bank Checks 6479 to 6484 in the amount of $11,734.63
D. Approve Minutes: Regular scheduled meeting, October 15, 2013
E. Appoint Scott McNeal to Recreation Advisory Board
F. Appoint Meg Mullendore as Street Administrator
G. Approval of Consumers Energy Standard Street Lighting Contract
H. Acknowledge receipt of FOIA Appeal Request from Kimberly Orlich regarding Michigan Open Meetings Act dated September 7, 2013
I. Acknowledge receipt of FOIA Appeal Request from Kimberly Orlich regarding prosecuting attorney and/or law firm for 2003 and 2004 dated March 10, 2013
J. Acknowledge receipt of FOIA Appeal Request from Kimberly Orlich regarding 64A District Court fines for FY 2004 dated April 16, 2013
K. Authorize purchase of police cruiser, equipment and changeover services.
L. Authorize approval of dart third party agreement for job access program
Council Member Scheid made a motion to approve the consent agenda, supported by Council Member Belding.
Discussion:
Council Member Feuerstein asked to separate Item K to New Business.
Council Member Scheid asked to have Item E separated to New Business.
The Mayor stated that Item K will now be Item E under New Business, and Item E will now be Item F under New Business.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding, Jones and Gunderson.
Nays: None.
Following are the resolutions contained in the Consent Agenda.
D. APPROVE SCOTT MCNEAL TO RECREATION ADVISORY BOARD
RESOLUTION NO. 2013-11-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPOINTING SCOTT MCNEAL TO THE RECREATION ADVISORY BOARD.
WHEREAS, the term of office for Scott McNeal on the Recreation Advisory Board will expire on November 16, 2013; and
WHEREAS, Mr. McNeal has indicated his willingness to continue to serve another term on the board.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Scott McNeal be appointed to the Recreation Advisory Board with a term to expire on November 5, 2016.
F. APPROVAL OF CONSUMERS ENERGY STANDARD STREET LIGHTING CONTRACT
RESOLUTION NO. 2013-11-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AUTHORIZING A CONTRACT WITH CONSUMERS ENERGY.
WHEREAS, it is hereby deemed advisable to enter into a contract with Consumers Energy Company of Jackson, Michigan for furnishing lighting service with the City of Belding for a period of one year and thereafter from year to year, in accordance with the terms of the contract heretofore submitted to and considered by this council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan, that the Mayor and the Clerk be and are authorized and directed to execute such contract on behalf of the city.
G. ACKNOWLEDGE RECEIPT OF FOIA APPEAL REQUEST FROM KIMBERLY ORLICH REGARDING MICHIGAN OPEN MEETINGS ACT DATED SEPTEMBER 7, 2013
H. ACKNOWLEDGE RECEIPT OF FOIA APPEAL REQUEST FROM KIMBERLY ORLICH REGARDING PROSECUTING ATTORNEY AND/OR LAW FIRM FOR 2003 AND 2004 DATED MARCH 10, 2013
I. ACKNOWLEDGE RECEIPT OF FOIA APPEAL REQUEST FROM KIMBERLY ORLICH REGARDING 64A DISTRICT COURT FINES FOR FY 2004 DATED APRIL 16, 2013
J. AUTHORIZE PURCHASE OF POLICE CRUISER, EQUIPMENT AND CHANGEOVER SERVICES.
RESOLUTION NO. 2013-11-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPROVING THE PURCHASE OF A 2014 CHEVROLET IMPALA FROM BERGER CHEVROLET AND EQUIPMENT PURCHASE AND CHANGEOVER FROM CHROUCH COMMUNICATIONS.
WHEREAS, Berger Chevrolet is the contractor for the State Purchasing Program and has submitted the state purchase price of $21,089.00 for a 2014 Chevrolet Impala; and
WHEREAS, equipment purchase, transfer and installation will be provided for an additional $5,303.00 by Chrouch Communications.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that a 2014 Chevrolet Impala be purchased from the contractor for the State Purchasing Program, Berger Chevrolet, and equipment purchase and changeover services from Chrouch Communications, for a total expenditure of $26,239.00.
The Mayor called for Reports by Council Liaisons
Council Member Belding reported that the Museum won two awards last month thanks to Jan Mehney and her grant writing skills. They won the Michigan Historical Society Award for Best Institution. They also won the Michigan Museum Association Award for Best New Experience. Both awards were for the Children’s Museum. The ladies just got back from receiving the awards at awesome banquets and they were very excited as the awards are very nice. It was a huge recognition considering the really big children’s museums in Detroit and Grand Rapids. So this was a huge honor for them and for the community. Also, their Quilt show was this past weekend. It was very well attended, but Council Member Belding stated that she wasn’t sure what the final numbers were, but she had stopped in very early on in the sale and they had already sold over a thousand dollars. She also stated that a lot of people come in and out during the day to buy tickets, so she will be able to give a final report in a couple of weeks.
Council Member Jones stated that the Smash Park Celebration was held on October 20th. He stated that he was unable to attend, but other than that, there was nothing to report for the Rec Board.
Council Member Feuerstein stated that the Planning Commission has made some changes on their by-laws, but they have to come to the Council to be adopted.
Council Member Scheid stated that he has had no meetings since that last Council meeting but there’s a Housing Commission meeting on Thursday.
Mayor Gunderson stated that he has had no meetings since the last Council meeting.
New Business
The Mayor called for New Business Agenda Item A – FOIA APPEALS HEARING– KIMBERLY ORLICH – MICHIGAN OPEN MEETINGS ACT DATED SEPTEMBER 7, 2013
Council Member Belding made a motion to affirm denial of FOIA Appeal – Kimberly Orlich – Michigan Open Meetings Act dated September 7, 2013 as requested documents do not exist, supported by Council Member Scheid.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding, Jones and Gunderson.
Nays: None.
The Mayor called for New Business Agenda Item B – FOIA APPEALS HEARING– KIMBERLY ORLICH – PROSECUTING ATTORNEY AND/OR LAW FIRM FOR 2003 AND 2004 DATED MARCH 10, 2013
Council Member Scheid made a motion to affirm denial of FOIA Appeal – Kimberly Orlich – prosecuting attorney and/or law firm for 2003 and 2004 dated March 10, 2013 as requested documents do not exist, supported by Council Member Belding.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding, Jones and Gunderson.
Nays: None.
The Mayor called for New Business Agenda Item C – FOIA APPEALS HEARING– KIMBERLY ORLICH - 64-A DISTRICT COURT FINES FOR FY 2004 DATED APRIL 16, 2013
Council Member Belding made a motion to affirm denial of FOIA Appeal – Kimberly Orlich – 64-A District Court fines for FY 2004 dated April 16, 2013, as requested documents do not exist, supported by Council Member Jones.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding, Jones and Gunderson.
Nays: None.
The Mayor called for Business Agenda Item D – AMENDMENT TO CITY OF BELDING’S FREEDOM OF INFORMATION ACT POLICY SECTIONS C, G AND H
The Acting Clerk read the preamble to the resolution.
Council Member Scheid moved the passage of the resolution and the motion was supported by Council Member Jones.
Discussion:
Council Members noted some grammatical errors and asked that the documents be proof read before publication.
RESOLUTION NO. 2013-11-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN AMENDING AND ADOPTING A REVISED POLICY, THE CITY OF BELDING PROCEDURES AND STANDARDS – FREEDOM OF INFORMATION ACT
WHEREAS, the State of Michigan passed the Freedom of Information Act, Public Act 442 in 1976, to provide for public access to certain public records of public bodies;
WHEREAS, the City of Belding is a public body;
WHEREAS, PA 442 allows for reasonable rules necessary to protect its public records and to prevent excessive and unreasonable interference with the discharge of its functions;
WHEREAS, the City of Belding has adopted such rules through policy called: City of Belding Procedures and Standards-Freedom of Information Act and from time to time will amend the policy to reflect changes in legislation and to ensure their continuing accuracy and value to the City;
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Belding, Michigan hereby amends and adopts the revised policy, the City of Belding Procedures and Standards-Freedom of Information Act effective immediately.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding, Jones and Gunderson.
Nays: None.
The Mayor called for Business Agenda Item E - AUTHORIZE APPROVAL OF DART THIRD PARTY AGREEMENT FOR JOB ACCESS PROGRAM
RESOLUTION NO. 2013-11-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPROVING THE THIRD PARTY CONTRACT AGREEMENT BETWEEN THE CITY OF BELDING, DIAL-A-RIDE, AND THE CITY OF IONIA, DIAL-A-RIDE.
WHEREAS, the City of Ionia, Dial-A-Ride desires to contract with the City of Belding, Dial-A-Ride for the provision of transportation services offered under the Job Access Program; and,
WHEREAS, the term of the contract will be October 1st, 2013 until September 30th, 2014, for the amount of $55,000.00; and,
WHEREAS, the City of Belding, Dial-A-Ride complies with the conditions stated in the contract with the City of Ionia, Dial-A-Ride.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the third party contract agreement between the City of Belding, Dial-A-Ride, and the City of Ionia, Dial-A-Ride is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the third party agreement between the City of Belding, Dial-A-Ride, and the City of Ionia, Dial-A-Ride.
Council Member Scheid moved to bring Item E to the floor, supported by Council Member Feuerstein.
Council Member Scheid made a motion to table Item E until the next available time and the council has the information to review prior to then, supported by Council Member Feuerstein.
Discussion:
None
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding, Jones and Gunderson.
Nays: None.
The Mayor called for Business Agenda Item F - APPOINT MEG MULLENDORE AS STREET ADMINISTRATOR
RESOLUTION NO. 2013-11-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN DESIGNATING MEG MULLENDORE AS STREET ADMINISTRATOR.
WHEREAS, Section 13(9) of Act 51, Public Acts of 1951 provided that each incorporated city and village to which funds are returned under the provisions of this section, that, "the responsibility for street improvements, maintenance, and traffic operations work, and the development, construction, or repair of off-street parking facilities and construction or repair of street lighting shall be coordinated by a single administrator to be designated by the governing body who shall be responsible for and shall represent the municipality in transactions with the State Transportation Department pursuant to this act."
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that Meg Mullendore be designated as the single Street Administrator for the City of Belding, Michigan, in all transactions with the State Transportation Department as provided in Section 13 of the Act.
Council Member Scheid moved to bring Item F to the floor, supported by Council Member Belding.
Discussion:
City Manager Mullendore stated that the Council will see this item each year, around October.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding, Jones and Gunderson.
Nays: None.
The Mayor called for Public Comments
None.
The Mayor called for City Manager’s Comments
City Manager Mullendore stated she doesn’t have a lot, just to say that politically she is neutral relative to the election process but she wishes the best of luck to those who went ahead and put their names in as it is often a challenging position, and can sometimes be very thankless. She stated she looks forward to working with the two staying and any elected tonight.
The Mayor called Council Comments:
Council Member Jones had none.
Council Member Feuerstein passed.
Council Member Scheid had none.
Council Member Belding had none.
Mayor Gunderson also thanked the people who have been involved and took on a job that is challenging but can be rewarding. He stated that it was gratifying to have five people run.
He also noted that on the November 11th at 5pm there will be an unveiling of the Korean Monument at the Veteran’s Wall. He encouraged anyone who is able to please attend.
Work Session
The Mayor called for Work Session A – AUDIT PRESENTATION
Mr. Doug Vredeveld, of Vredeveld Hafner, presented an overview of the audit and offered congratulations to the City because last year’s audit qualified for the Governor’s Finance Officer’s Achievement award. He stated that last year’s report allowed for special award for excellence
He then went over the finance report book given to Council Members, and stated that it is divided into three parts. There is an introductory part signed by the City Manager that describes what’s happening in the City. Then there is the thick financial section, and finally the statistical section which offers ten years of information relating to the City. They look at a lot of stuff before making their opinion, and they support Belding’s audit. It’s the opinion you hope for when you have an audit done. He said that on Page 99 there is independent audit report on internal control and compliance which is required by government, and there were no deficiencies reported, nor lack of compliance. He stated that Sam Andres did an outstanding job for the City getting the information together.
He directed the Council Members’ attention to a couple of specific pages in book. On page 27, footnote #2, there are the compliance items which go in the report submitted to the State of Michigan. It isn’t new but there is still a deficit issue but there is a deficit plan in place and it is coming down, so nothing about which to be terribly excited. There was one, very small, over-expenditure in the Fire Department of only $800.
On page 37 under General Fund there was a budgeted decrease but it was increased due to cost savings, grants, and general budgeting. He then did a slide presentation showing the various areas of the budget.
There were no real concerns on the General Fund. Program revenue is very high due to grants received. General Fund shows the trends on revenue because taxes are down; State share up a little. Expenditures in General Government shows a big jump in legal due to Electrolux. Public safety is up a bit this year due to grant expenditures.
At 44% fund balance compared to expenditures, rule of thumb figures 25%, so the City is above that and that’s good.
The Water fund is about even after several years of loss. Dial-a-ride had a loss this year but is still okay.
He named the 14 cities they audited, laid out from the smallest General Fund budget to the largest fund budget and Belding is 5th. Overall, that means the City is in good shape.
They issued a Management letter that had no comments:
Council Member Feuerstein asked regarding assets if it is good to compare the list to what we actually have. Mr. Vredeveld said that it is good every few years to do that, but it is monitored quite closely.
Mayor Gunderson offered congratulations to Sam for the outstanding audit.
Closed Session
The Mayor called for Closed Session A – CITY MANAGER PERFORMANCE EVALUATION
Council Member Scheid made a motion to enter closed session at 7:52 p.m., supported by Council Member Belding.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding, Jones and Gunderson.
Nays: None.
Council Member Belding made a motion to enter regular session at 9:45 p.m., supported by Council Member Scheid.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding, Jones and Gunderson.
Nays: None.
Council Member Belding made a motion that we make the following contractual changes to Meg Mullendore’s current contract. In regards to cell phone usage we would like to extend a stipend not to exceed fifty dollars per month. Increase mileage reimbursement from forty-four cents to fifty cents. The following verbiage will replace what is in the existing contract with regards to membership and attendance: The City shall reimburse Meg Mullendore for reasonable out-of-pockets expenses for attending meetings, conventions and conferences provided such expenses and the request for reimbursement, with supporting documentation, are approved in the City’s annual budget. The City shall pay for Mullendore’s annual membership dues for the International City/County Managers Association, the Michigan Local Government Association, and the West Michigan Local Government Management Association. The City shall also pay for Mullendore to annually attend the associated conferences for continued professional development at the International City/County Managers Association, Michigan Local Government Management Association (winter and summer) and the Michigan Municipal League. Additionally, any other professional development opportunities which would enhance the performance of Mullendore, upon approval through the budgetary process as well as an affirmative vote of Council, shall be deemed acceptable during the term of Mullendore’s contract. Also in regards to vacation Mullendore shall have the following vacation benefits: Mullendore shall be credited with one hundred and twenty hours of vacation time annually throughout the duration of this employment contract. With regards to salary, it should be written in this agreement that her salary shall be increased to $80,000.00 upon completion of a year and approved performance, and will also add a provision under the current contract to increase her salary to $75,000.00 following this six month performance review, supported by Council Member Jones.
Discussion:
Council Member Jones stated that he would like the City Manager to pursue possibly lowering the mileage rate for other city employees.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding, Jones and Gunderson.
Nays: None.
The Mayor called for a motion to adjourn the meeting.
ADJOURNMENT
Council Member Feuerstein moved to adjourn the meeting, supported by Council Member Gunderson.
The question on the motion was called and the result of the voting is as follows:
Ayes: Council Members Feuerstein, Scheid, Belding, Jones and Gunderson.
Nays: None.
The Mayor adjourned the meeting at 9:50 p.m.
| | Ronald Gunderson, Mayor |
| Shelley Mosher, Acting Clerk | |
