Approval of Agenda

Council Member Lallo made a motion to approve the agenda as presented, supported by Council Member Jones.

Council Member Cooper stated he had some issues with it.  This closed session, what does it pertain to?

City Manager Mullendore stated it is pertaining to items that are exempt pursuant to state and federal statutes, specifically the Michigan statute of the Freedom of Information Act, which is an attorney client memorandum which is exempt from release to the public.

Attorney Randall Kraker stated under the Freedom of Information Act there are a series of exemptions.  One of them has to do with an exemption to discuss material that is exempt from disclosure.  Communication from your council is exempt, so you should discuss that in closed session. 

Council Member Cooper asked who requested that he be here?

Mr. Kraker stated the mayor and manager asked that he be here to discuss these issues. 

Council Member Cooper stated per the city charter, it has to be on request of the city council  so he shouldn’t be here or get paid to be here by our city.  This is exactly why he wanted the bills  because he didn’t know what kind of money they were squandering.  They had nearly $80,000 in bills from what he understands and he would kind of like to see what they were paying for. 

Mr. Kraker stated if he would defer until they have the discussion, they can at least discuss some of the legal issues that apply. 

Council Member Cooper stated they cannot have the discussion because they didn’t approve for him to be here.

Mr. Kraker stated that the council could approve that now if they chose to go that route.  Historically it has been the prerogative of the mayors and managers, if they thought it was appropriate to have counsel here.

Council Member Cooper stated that is what is in the charter.  He doesn’t think they have to pay for an attorney to discuss the bills that the city has accrued.  Why can’t they discuss them behind closed doors with their council?

City Manager Mullendore stated there are permissible reasons to go into closed session and one is that it has to be relative to privileged information, and client attorney memorandum qualifies as that.  There are specific caveats relative to the Open Meetings Act on what you can and cannot go into closed session for, so to have that dialogue in open session…

Council Member Cooper stated when he gets personal bills he doesn’t hire someone to go through them with him.  Why can’t they go through them on their own without paying an attorney?

Mr. Kraker stated they are not necessarily here to talk about the specifics of his request as opposed to some legal issues that apply to his request.

Council Member Cooper stated they had to authorize these payments without seeing this information, so he thinks it is unnecessary to do.  It should not be on the agenda.  They shouldn’t waste their time with this. 

Mayor Gunderson stated Council Member Cooper should contact him or the city manager if he has an issue with the agenda items when he gets his packet.  It could have been cleared up and they could have had it taken care of.

City Manager Mullendore stated in the manager’s memo which she gives them separately, it states it is regarding attorney client correspondence of which they would be presented during closed session and have a dialogue with legal counsel.     

Council Member Cooper stated either way they didn’t vote for him to be here and spend tax dollars.  It doesn’t need to happen and spend that money.

Council Member Cooper made a motion to strike the Closed Session from the agenda, because the Charter states the city attorney shall attend meetings only at the request of the council, supported by Council Member Scheid. 

Mayor Gunderson stated in the past, it has always been the mayor that requested or the city manager and that is what they have done in the past, so if there is an error on this, then they were following procedure on what has happened in the past.

Ayes:              Council Members Cooper, Scheid and Jones.

Nays:               Council Members Lallo and Gunderson.

Mr. Kraker asked if he could address the council at the appropriate time regarding that, now?

Council Member Cooper stated that would be during public comment.

Council Member Scheid made a motion to approve the agenda of December 2, 2014, as amended, supported by Council Member Jones.

Ayes:               Council Members Cooper, Scheid, Lallo, Jones and Gunderson.

Nays:               None.

Public Comments

Mr. Kraker stated he was not sure that the city attorney is bound to only speak during public comment.  He simply pointed out that the section that Mr. Cooper sited specifically strives for the city council to request the city attorney to attend, so if they wish to do that as a council, they certainly can do that, and he will remain here this evening so if they do proceed to re-amend the agenda after the discussion, which he thinks they should have in closed session, he can attend the discussions. They could take some action based on the discussion they would have in closed session.    

Katherine Henry, 806 Wildlife Trail, stated if there is a closed session, they should clearly articulate what it is, the topic.  There was no detail regarding the pending lawsuit, personnel issue with the city manager or annual review.  Please identify the topic of the closed session.  With the approval of the checks this evening, there is roughly $14,000 in checks to Williams & Works, the planning organization that is utilized through the DDA and Planning Commission.  She would ask that each of the council members really look into the checks they are approving.  The information in the packet doesn’t say what the work is for, it usually says professional services.  They should look at that.  It doesn’t necessarily mean there is something fraudulent occurring but there can be mistakes and they have to review things. 

Mr. Kraker stated the reasons for holding a closed session are specifically enumerated in the statute, and they have complied with that.  If there is too much information on the agenda, it can defeat the purpose of the closed session.  She is right that nothing prohibits them from doing more, as long as they do not defeat the purpose of the closed session.  What they had on the agenda is adequate under the statute.

Consent Agenda

Reports by Council Liaisons

Council Member Scheid stated there would be no Housing Commission meeting til two weeks from now.

Council Member Lallo stated he would like to remind everyone of the Home for the Holidays event this weekend.  There was good attendance at the Museum quilt show.   

Council Member Jones stated he is now a member of the Planning Commission.  The commission had a meeting last Thursday.  The next Planning Commission meeting is December 18, 2014 at 6:30 p.m.  Everyone is welcome.  There are two vacancies on the board.  The Rec Board meeting scheduled for December 8 will be rescheduled for January 12. 

Mayor Gunderson stated the Library Board met.  The trustees are reviewing the final draft of the personnel policy.  The silent auction at the Candlelight Reception raised $1,200 for the Friends of the Belding Library.  The library received $10,000 from the Blanche Ash Trust.  The DDA meeting is this Thursday at noon at the depot.

Unfinished Business

There was no unfinished business.

New Business

There was no new business.

Public Comments

Council Member Jones asked under New Business, would this be the place if he wanted to make a motion to go into closed session at the end of this meeting, or would that be later?

Mr. Kraker stated it could be done under council comments.

Lynn Mason, 11637 W. Ellis, Ionia County Commissioner, wished everyone happy holidays.  She stated she could answer any questions they may have.  She was fortunate to be elected as a commissioner and enjoyed the job.  She served for eight years.  Accomplishments of the commission during that time included the building of an animal shelter, balancing the budget all eight years, working on the Ionia County Substance Abuse initiative and participating on coalitions and committees.  There were a lot of transitions.  They kept Ionia County involved in the needs relating to substance abuse disorder.   There were positive interactions and the mayor worked on the rail trail.  They are yet to see the economic benefit to the trail.  She was proud to be a part of that.  She thanked them for giving her the time to talk as a commissioner. 

Mayor Gunderson asked about the plans and goals for next year.

Mrs. Mason stated that would happen at the organizational meeting in January.  She stated until someone is an elected official, they don’t realize how difficult it is.  They should stick to their convictions and don’t forget what they were elected for.  The commissioners came up with a vision statement and goals.  In the front of their agenda covers, they came up with questions to ask relating to issues they were considering.  The questions included how much would it cost and how many citizens would it affect?  Something like that may be useful for city council.  They have been very productive.  Mr. Hodges will take over.  She wishes to be involved in the city events.

Council Member Lallo asked what they could give back to the community if they went to training?

Mrs. Mason stated they would know the consequences of drugs and the effect on the City of Belding.  They could give strategies for situations and would know where to go to ask for help.  It builds relationships.  It is a good perspective and helps them understand people more. 

Katherine Henry stated the Bridge Street bridge looks beautiful.  There was discussion at the last meeting that citizens were voicing their concerns to other citizens and were not getting responses by council.  She wished to acknowledge and thank them, as two concerned citizens emailed council about two totally separate issues.  Jerry responded to both and Ron and Tom responded to at least one, maybe both and she thanked them for that.  The fact that they are responding, she applauds them for that and wants to encourage them to keep doing that.  She emailed two  proposals to Mr. Callahan, and asked him to review them with council, and she wants to work together to achieve a resolution.  She welcomes all respectful, reasonable discussion.  She would like to end the blatent harassment by Mr. Callahan directly or being directed by someone else.  Discovery demands included all business tax returns for the last seven years, all personal tax returns for the last seven years, all 2014 business receipts, all prior and present medical records and full IRS disclosures.  She is assuming none of them is the reason it is happening and would ask them that it should stop.  Those have nothing to do with the issues that are currently in front of the judge.  Other information that was asked for was relevant.  Those other things are totally irrelevant and it is harassment.  She could turn around and do the same thing, but she is not.  She did print out and bring copies of the most recent discovery requests from Callahan.  They could have a copy or just look it, whichever they prefer.  Throughout the whole procedure, her purpose has not been to waste time or taxpayer dollars, harass them, or give Mr. Callahan a hard time. 

Sam Mason, 516 W. May, owner of the Belding Party Store, stated at the last meeting there was discussion on the comparison of products bought by the city.  He did not get any contact.  He is at the store til 9-10 at night, or they can call him.  He would like a sign put up for local business in town.  He was surprised, and would just like an email or someone to stop by and say they are working on it.  It saddens him.

City Manager’s Comments

City Manager Mullendore stated there has been some discussion relative to decorating the downtown business district.  She offered a proposal to partner with the Chamber and possibly the DDA.  A recommendation will be made in the budget.  The Chamber embraced the idea.  There is a lot of interest in assisting and volunteers putting the decorations up.  It was a good conversation.  There is plenty of time to schedule and have the best course of action.  They could expand it each year, and it could evolve into something bigger.

Council Comments

Council Member Lallo stated that someone should get back with Sam. 

Mayor Gunderson stated he was compiling the information he needed, and had other things. 

Council Member Lallo thanked everyone for helping to decorate the bridge.  There are a lot of good people here.  The city had the garland and it wasn’t being used in the museum basement so that was utilized.  Unfortunately they could not light it, but it looks amazing.  For everyone that wanted to help and could not be there, he appreciated their offer.  They will get things going with the chamber next year for holiday decorations.

Council Member Jones stated MML is working to change the statute to post the notifications, with public notices on the internet rather than in the newspaper.  He still reads the paper more.  He has no problem with a dual posting.  There are a large percentage of people that read the newspaper and don’t go on the website to see those things.  There are a lot of people in this area that go to the newspaper for this type of information.  He is not in favor of eliminating the newspaper.  It would save them some money, but in this case it would be better to spend the money than to only have the internet part of it.

Council Member Jones stated seeing they have Randy Kraker here from the law firm, he would make a motion they do go into a closed session at the end of the meeting to talk about attorney client correspondence that was originally on the agenda, to make sure they know what they are talking about, supported by Council Member Scheid.

Council Member Cooper stated he requested the attorney bills as a member of the city council and he understands he is privileged here, he is the client here and he understands that some of the information is privileged and cannot be made public and that is all he requested and he doesn’t feel they need to spend tax dollars to have an attorney here.

Ayes:               Council Members Scheid, Lallo, Jones and Gunderson

Nays:               Council Member Cooper

Council Member Cooper thanked Jerry and stated that the bridges look good and he appreciates his effort.  It helps the citizens get to know him.  There was some discussion regarding exempt employees.  They get paid the same amount of money one week whether they work 10 or 50 hours.  The U.S. Department website information doesn’t prohibit them from tracking hours for evaluation purposes or comp time or that type of thing.  At the next meeting, he wants to put it on the agenda to discuss something where they can track their exempt employees so they know what they are paying for.  Two hours before the meeting he got caught down here at the gas station and the guy was just infuriated because he has been contacting city hall and he can’t get Meg or Dale to call him back.  He doesn’t know his name or he would bring it.  He is concerned because exempt employees are not available to the public very often.

Council Member Scheid stated he hoped everyone had a good Thanksgiving.  In just a few days, they will have Christmas, New Years and start over again.  He thanked everyone for coming.  He stated Jerry did a nice job.   

Mayor Gunderson stated at the last council meeting, he talked about Treasures for Troops, which will be held this Thursday at Millie’s from 2-6 p.m.  Collecting items for the troops is sponsored by Blue Star Mothers #188.  WION will do a live broadcast.  He thanked Jerry.

Council Member Jones stated Home for the Holidays will be held at the high school on Saturday. The breakfast starts at 9.  They can visit with Santa, and there will be crafts.  Everyone can have a good time and see everyone.  The band usually plays. 

Closed Session

A.    PA 267 15.268 Sec. 8(h) to consider material exempt from discussion or disclosure by state or federal statute

Council Member Scheid made a motion to enter closed session at 7:50 p.m. under PA 267 15.268 Sec. 8(h) to consider material exempt from discussion or disclosure by state or federal statute, supported by Council Member Lallo.

Council Member Cooper stated he requested the attorney bills because the city spent a lot of money.  He is the client.  They don’t have to spend tax dollars to have the attorney tell them that. He wants the information as a city council member.

Ayes:               Council Members Scheid, Lallo, Jones and Gunderson.

Nays:               Council Member Cooper.

Council Member Scheid made a motion to return to open session at 8:25 p.m., supported by Council Member Lallo.

Ayes:               Council Members Cooper, Scheid, Lallo, Jones and Gunderson.

Nays:               None.

Council Member Jones made a motion to have a resolution at the next meeting to authorize the city manager and mayor to have the attorney to attend a council meeting, supported by Council Member Lallo. 

            Ayes:               Council Members Cooper, Scheid, Lallo, Jones and Gunderson.

            Nays:               None.

Adjournment

Council Member Scheid moved to adjourn the meeting, supported by Council Member Cooper.

Ayes:               Council Members Feuerstein, Scheid, Lallo, Jones and Gunderson.

            Nays:               None.

The Mayor adjourned the meeting at 8:27 p.m.