REGULAR MINUTES

PERE MARQUETTE DEPOT

Tuesday, November 4, 2014

 

City Manager Memo

 

Motions

 

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 4, 2014.

 

Council Member Scheid delivered the invocation.

 

The Mayor led the audience in the Pledge of Allegiance.

 

The City Clerk took the roll call:

 

Members Present:        Council Members Joe Feuerstein, Mike Scheid, Jerome Lallo, Tom Jones and Ronald Gunderson.

 

Members Absent:        None.

 

Approval of Agenda

 

City Manager Mullendore asked to eliminate agenda item 6A under New Business.

 

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

 

The question on the motion was called and the result of the voting is as follows:

 

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

            Nays:               None.

 

Public Comments

 

Katharine Henry, 806 Wildlife Trail. She addressed her concerns regarding item D on the Consent Agenda and item C under New Business. She feels it’s just game playing with citizens who just want information. She asked who is supposed to be acting as Civil Attorney for the City.  She feels it wasn’t right that the person requesting the information was given a denial instead of being granted his request. He instead received a blank piece of paper from Varnum and was charged a $4.93 fee for nothing. She doesn’t feel it was fair and it didn’t answer the question. The City should apply common sense and treat individuals as you would be treated.   Several people have asked for this and she doesn’t feel they should be charged for a blank piece of letterhead.

 

Consent Agenda

 

A.    Approve Independent Bank Checks 62903 to 62996 in the amount of $227,683.09 and Check 62997 in the amount of $505.58.

Approve Chemical Bank Checks 6677 to 6683 in the amount of $15,856.00.

B.     Approve Minutes:  Regular scheduled meeting, October 21, 2014

C.     Approve Closed Session Minutes:  October 21, 2014

D.    Acknowledge receipt of FOIA Appeal Request from Kevin Fortney for the name of the attorney and/or law firm acting as corporate counsel (city attorney) for the City of Belding as of the date of this Request, dated October 4, 2014.

 

Council Member Scheid made a motion to approve the consent agenda, supported by Council Member Lallo.

 

The question on the motion was called and the result of the voting is as follows:

 

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

            Nays:               None.

 

Reports by Council Liaisons

 

Council Member Lallo said the Musuem will have the Home for the Holidays at Belding High School on December 6th. They are also getting milk bottles from Belding Jersey Farm; will be donated to use as a fundraiser.  He also said the Museum Board will ask groups to decorate trees.

 

Council Member Jones said the next Rec Bd. will meet on Nov. 10 at City Hall and all are welcome.

 

Council Member Feuerstein said the Planning Commission had to postpone and reschedule a meeting for Wesco. We got our Monkey survey for the Master Plan to go through and we meet on November 20th and will then meet with Wesco.

 

Council Member Scheid said the Housing Committee met last Thursday. They had their annual review and got nicked even though they received a letter from Gregg stating that the reason the sprinkler system wasn’t on is because they’re repairing them. He said Sharon is very diligent. They have a few openings.  Some apartments need work done on them.  But they are coming along on it.

 

Mayor Gunderson said he couldn’t attend the Library meeting as he was under the weather that day. He added that the DDA meeting is this Thursday at Depot

 

Unfinished Business

 

None

 

New Business

 

A.    Temporary Ordinance Suspension

The Acting Clerk read the preamble to the resolution.

 

RESOLUTION NO. 2014-11-52

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPROVING A TEMPORARY ORDINANCE SUSPENSION FOR A HOLIDAY DISPLAY.

 

WHEREAS,                           a request was received by Robert Brown to set up an outdoor Christmas display at 729 Jay, 739 Jay, 747 Jay and 759 Jay; and

 

WHEREAS,                           the request will require a temporary ordinance suspension of Belding Code of Ordinances, Article I General, Section 34-2 for the lights, and Article IV Noise Control, Section 34-76 and 34-77 for the noise; and

 

WHEREAS,                           the display will be active from 6 p.m. to 11 p.m. daily from November 27, 2014 through January 1, 2015; and

 

WHEREAS,                           Mr. Brown will secure written acceptance from his neighbors regarding the display.

 

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding,

Michigan that approval is granted for a temporary ordinance suspension for a holiday display.

 

City Manager Mullendore said that each Councilman does have a Staff Report from Chief Nelson but she introduced Robert Brown to speak as his family wants to bring back this tradition. 

Mr. Brown stated that this tradition started in the early 70’s. It is intended to be lit Thanksgiving night through New Year’s Day. They will have Santa out front passing out candy canes. The reason for the ordinance variance is because in the past there was Christmas music playing. They have contacted the neighbors and they aren’t opposed as some experienced it in years past. Other than that, we light Thanksgiving night.

 

Council Member Scheid made a motion to bring this item to the table, supported by Council Member Feuerstein. The question on the resolution was called and the result of the voting is as follows:

 

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

            Nays:               None.

 

B.     Determine action of FOIA Appeal Request from Kevin Fortney for FOIA REQ document showing the name of the attorney and/or law firm acting as corporate counsel dated October 4, 2014.

 

City Manager Mullendore said the request was dated October 4th  which was a Saturday. The Legislation stipulates that any electronic transmission is receipted in the following business day. Because it came in on a Saturday, it was received technically on Monday and receipted in on Tuesday, October 7th. It was available by the 10th and he was notified via email of that.  The issue is the request stated in part the name of the attorney or law firm. This is not the first one we’ve received relative to this. About a year ago we received one. At that time Staff reached out to the legal counsel on how to address this and they provided the letterhead.  The issue here is when it says “The name of the Attorney and/or Law Firm acting as Legal Counsel.”  The issue is that Varnum has numerous attorneys; we utilize their corps that I have worked with since starting here. The issue here is that we don’t have one particular attorney. But that law firm acts as our corporate counsel.  The document provided to the City was from Varnum and processed in accordance to time frames. We did not change the dates. It is Staff’s recommendation that the FOIA appeal be denied by the Head of the Public Body as the requested document was in fact provided to Mr. Fortney.

 

Council Member Feuerstein made a motion to Deny the FOIA Appeal Request from Kevin Fortney for FOIA REQ document showing the name of the attorney and/or law firm acting as corporate counsel dated October 4, 2014, supported by Council Member Lallo.

 

Discussion:

 

Council Member Jones asked if we have or how do we approve the City attorney. Do we do that each year or is it something that happened a long time ago. City Manager Mullendore stated that there is no formal contract between the City and Varnum. When she spoke to them they said that is not a practice they utilize because sometimes we will actually step outside those parameters, i.e., your Environmental Attorney that was utilized relative to Electrolux was not part of Varnum. Therefore, if there is a contract specifying that they are sole provider of corporate law we’d have to utilize someone there and sometimes their area of expertise that they do or don’t have, can impact us.  They said it is standard practice that in this State they don’t enter into a type of a contractual agreement with a Municipality for legal services.  Council Member Jones wanted to know how we determine who is going to be the City Attorney; if it’s the same as with McFadden for the criminal law firm. Is that right? City Manager Mullendore said she handles all the issues relative to the Police Department. It used to be that you would have those hearings right here on-site. So that’s the appointed attorney.  The appointment of McFadden was done through the Charter process of actually appointing by City Council. The Council appoints two positions; the City Attorney and the City Manager. Mayor Gunderson asked then if there’s never been a signed contract with Varnum other than for the criminal aspect of it, and Ms. Mullendore said not to her knowledge.

 

The question on the motion was called and the result of the voting is as follows:

 

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

            Nays:               None.

           

Public Comments

 

Craig Crebessa, 8079 Storey Rd.  He said he looks forward to Brown family’s display. He congratulated Councilmen Jones, Scheid, and Lallo for tabling the City Manager’s contract at the last meeting. Obviously there are many issues to sort through. But making that decision is monumental at this point representing the community as a Council Member. He went on to say that he understands that they have a tough job and that can never make everyone happy.  However, he said, that as leaders we expect you to carry out quality decisions and holding higher standards for our community. We expect our elected officials to embrace a zero tolerance for sub-par leadership or manager rules that represent our community. Leadership is not so much in words as in attitude and actions. He stated, “Voting No to not tabling a contract for future review actually speaks volumes, Mr. Mayor. You continue to embrace mediocricy and why, I cannot understand. It’s absolutely unacceptable as a leader to continue with accepting these negative standards as someone representing our community’s future.”  He then said that at this time he congratulates Council Members Jones, Scheid and Lallo for not only making a hard decision but a right decision.  He said this is the representation that the community needs for the future; a Ceremonial Council or Mayor is not. And a contract extension is definitely not our answer. He thanked the Council for their time.

 

City Manager’s Comments

 

City Manager Mullendore said that at the last meeting we talked about the pump and having a second one on the shelf so if the lift station goes down we have one to replace it. Ernie is getting quotes for both new pump and a rebuilt. On the rebuilt they’re looking at the modification and having them bring it up to make sure it would work before we bring a quote forward. She asked him for list of top items of equipment needing to be replaced so that we can start pricing those. So that information will be forthcoming at another Council meeting.

 

She then talked about the Main Street Bridge issues. The intersections that were reconstructed on both sides of Water Street had some issues with that because the contractor for that project subcontracted that work and they have denied accepting that. Therefore, they are demanding that the subcontractor reconstruct those intersections again because the work was very poor. Initially it was intended that the bridge would be open to traffic by the end of this week, but it has been pushed back because of this. But the original date of November 14 is still on target to open to traffic.

 

Also, we just received notification that a Fire Fighters grant has opened again. We will be submitting an application to replace the brush truck. We had it in the budget to actually rebuild one.  It will require a resolution from Council authorizing us to apply. It would then be our responsibility of a 5% match to get a brand new piece of equipment which will be about $3,000 less than the $6,500 allocated in the budget to rebuild. So we could get a brand new piece that is $65,000 for a brand new one and then a 5% match on that which would be $3,500.

 

Council Member Scheid asked about the intersections and it getting near the time for most of the asphalt plants closing.  Meg said the November 15th of this month is usually the cut-off date when they stop due to freezing and thawing.

 

Mayor Gunderson asked about the brush rig and would we still have DNR equipment available to us if we needed that. Meg said that would not be changed, and there have just been issues with it stalling out and here’s an opportunity to get a brand new piece of equipment at less than what we allocated. A rebuild is actually just a bandaid.

 

Council Comments

 

Council Member Jones said that he feels sometimes we do things because that’s the way it’s always been. He said he wasn’t saying that they need to change law firms. But it seems that some of that stuff every couple years should be looked at and just to be able to say that so and so is our law firm or that this is who we’re using for this would be appropriate.  Just so if the City Manager needs to go there for a FOIA request they can find a statement that says that Varnum was our counsel or that McFadden was our counsel, or this DEQ lawyer was responsible for this; just have something in writing. City Manager Mullendore said it would probably be a resolution and she can talk to Varnum about helping with that. Tom complimented Ernie and his men getting leaves picked up, and the Police and Fire Dept. for all their work and responses to instances.

 

Council Member Feuerstein said that we went over the closed meeting minutes and he hopes everyone read them thoroughly. There was much improvement over things.

 

Council Member Feuerstein then made a motion to extend Meg Mullendore’s Contract as City Manager for one year as it is, supported by Council Member Lallo.

 

Discussion:

 

Council Member Jones believes that once we have an approved agenda we can’t add anything to it. He feels it’s an illegal vote on this item. Council Member Scheid stated that it would be removing it from tabled and he thought the person who motioned to table it would have to be the one to remove it from tabled.  Councilman Feuerstein said he was not asking to remove it from the tabled item which was a two year contract.  Mayor Gunderson stated that they aren’t bringing a previous motion. Councilman Jones said the motion is in our minutes to table to ninety prior to contract expiration. The motion was made to table until that point. He stated that we are making an illegal motion. Mayor Gunderson said that we’re not asking that the motion that was tabled be brought back to the table and that Joe is making a motion at this time. Councilman Jones stated that the motion to table was to wait until after the election. He said that we have three people running for this position: Joe, John and Dennis. The election was today and we only have another eleven minutes until the polls close and he thinks we could wait until the next meeting to make a decision. And let whoever is elected be the one to do that.  Councilman Lallo said he doesn’t understand why wait until after an election. He asked if there was an election when Meg was hired in. Why are we waiting, you hired in without an election. So if you want to remove her now, Tom, let’s have the vote. You didn’t have to wait for a public election back then when you hired her.  Councilman Jones asked what difference it makes as they only have two weeks. Councilman Feuerstein said they represent ALL the people of this town. Councilman Jones again asked why they couldn’t wait until after the election. Councilman Feuerstein said it sounds like a personal problem. Councilman Lallo said he doesn’t understand any reason for waiting.

 

Ayes:               Council Members Feuerstein, Lallo, and Gunderson

Nay:                Council Member Scheid

Abstain:          Council Member Jones said he abstained because he feels it’s an illegal vote.

 

Councilman Lallo offered congratulations to Sara Shriver for receiving an educational award through Michigan Association of State and Federal Program Specialists.  He also wanted to congratulate Belding Band for taking fourth place at the State Finals at the Ford Fieldhouse. Cory did some artwork and video on the Facebook that is incredible.

 

Mayor Gunderson stated that City has been through a lot and the election tonight regarding City outcome – we will move forward. He said, “We will move forward as a city and I think that’s the best thing we can do. Everybody needs to take a deep breath, whatever the outcome, and embrace the community as we are as a whole and try to come back together again. And if anybody thinks there isn’t a divide; there is.  And it’s hurting the community.  I don’t want to see this; I don’t want to see this anymore.”

 

Adjournment

 

Council Member Scheid made a motion to adjourn the meeting, supported by Council Member Lallo.

 

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

            Nays:               None.

           

The Mayor adjourned the meeting at 7:55p.m.

 

 

Ronald Gunderson, Mayor

Shelley Mosher, Acting City Clerk

 

 

 

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