Approval of Agenda

Addition to Consent Agenda - I        Acknowledge receipt of FOIA Appeal Request from Kimberly Orlich for Attorney Kraker Invoices dated December 8, 2014

Addition to New Business – A         Consider FOIA Appeal Request from Kimberly Orlich for Attorney Kraker Invoices dated December 8, 2014

Council Member Scheid 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 Cooper, Scheid, Lallo, Jones and Gunderson.

            Nays:               None.

Public Comments

There were no public comments.

Guest – Denny Craycraft, Veteran’s Memorial

Mr. Craycraft was not in attendance at the meeting.

Consent Agenda

Reports by Council Liaisons

Council Member Cooper stated the next Rec Board meeting would be held on March 2, 2015, due to lack of business.

Council Member Scheid stated the next Housing Commission meeting will be held two weeks from Thursday. 

Council Member Lallo stated on February 17, 2015 Bruce Feuerstein will give the Museum annual review.  The number of visitors was up from last year.  There were a lot of private tours.  The museum and library submitted a Big Read Grant application.  The theme is Tom Sawyer and they would be working with the schools in the 2015-2016 school year.  The Labor Day Committee is looking for volunteers and committee members.  Anyone interested should contact them.  They are using a new carnival this year, D & R Shows.  The theme is Dr. Seuss.  

Council Member Jones stated the Planning Commission met last Thursday and had an organizational meeting.  Gary Knowlton was elected chair, Shelley Gladding vice-chair, and Max Gibbs secretary.  The Planning Commission has recommended Gary Knowlton to be a member of the BZA.  The Planning Commission timelines remain the same.  Gary gave the Planning Commission annual report.  He has a copy for anyone that would like one.  They discussed training and the standing committees were reappointed.  The study on parks and recreation for the city is going back to the parks and recreation committee.  There will be a request from the zoning committee for $28,000 to be included in the budget to redo the zoning book and address definitions.  The entire book will be looked at.  The estimate is $28,000 or less.  They recommend they need a certified planner, depending on the qualifications of the city manager.  If they are not qualified, that position should be put back into the budget.

Mayor Gunderson stated the Library Board met last Monday.  Repairs were done to the interior of the building.  There is an opening on the Library Board, as one of the trustees moved.  The DDA meeting was scheduled this Thursday, but will be rescheduled to February 19, 2015. 

Council Member Jones stated the Planning Commission meetings are held on the fourth Thursday, but the next meeting has been scheduled for Thursday, February 19, 2015.

Unfinished Business

New Business

Public Comments

Dan Blunt, 910 N. State Rd., stated in the ZBA Handbook, there was a section with conflicts of interest if you are a Planning Commission representative, which could apply to Gary Knowlton or a council member.  Most of the issues dealt with at ZBA pass through the Planning Commission first.  The majority of the time, Mr. Knowlton would have to excuse himself and bring in an alternate. 

Mayor Gunderson stated they are asking the attorney, but did not get an answer back yet. 

Mr. Blunt stated the person will be well qualified, but if they can’t use him, it is an inefficient way to go. 

Henry Kudfelt, 410 S. Bridge, stated he was at the DEQ meeting.  He thanked Mayor Gunderson and Council Members Jones, Scheid and Lallo for speaking up.  There was the opportunity to get on record.  Q and A was helpful.  Being able to go on record was important.  They only had 20 people there.  25 people are here.  They should have packed that place.  They could have made some sort of impression as they had the consultant there.  He would like to explore other options to get the citizens heard.  He would like a large scale town hall meeting.  This is a terrible situation.  It is bad enough that he would like city council to consider something large scale.

Katherine Henry, 806 Wildlife Trail, stated she was glad he brought up the DEQ meeting.  She thanked Ron and Jerry for posting about the meeting.  She was thinking it was 7 p.m. at the depot.  She thanked them for trying to get them out and informed.  She thanked everyone that went.  She congratulated Dan, Mike, John, Charles, Shelley and Bonita for putting in their applications.  She asked that they consider two things as council members.  1. In regards to the concern brought up by Council Member Lallo, if they have that issue or question that that be applied broadly to any and all appointments.  She never met Carla Gunderson, but heard she is a wonderful asset to that board, but that concern should be the same as with Shelley Cooper and Dennis.  The rules apply equally to all.  The other concern or question is in regards to the FOIA just voted on.  She appreciated all the discussion they had on that, the questions, the fact that they wanted to dig into that a little further and get another opinion.  Two questions about that.  One is our charter, she believes in Chapter 4 that talks about the city attorney, when the city attorney is asked for an opinion, the city attorney has to give that opinion in writing and file it with the clerk. They had mentioned that they asked his opinion on what the issue of rejecting the statements that Kareen is working on.  Obviously she is not a professional FOIA Coordinator so she is leaning heavily on the legal advice she is getting, but she would ask that they consider the fact that opinions, by our charter, have to be in writing and submitted to the clerk.  Other than a few council meetings, she doesn’t believe she has met Mr. Kraker or any of the Varnum attorneys.  She has never reviewed any of those bills for the city.  She is not making a statement that she thinks he has done something wrong, but just in general she finds it interesting that the conflict of interest that was talked about in reference to the ZBA would also apply here, that any attorney, when the only person that is protected by the attorney client privilege in that sense is the client, the city.  She thinks Tom raised the point that maybe someone would try to sue the city later for disclosing too much.  Well, you are the city and you are the only one that can raise that privilege. But what is concerning to her, and again it is not personal to Mr. Kraker.  She is not saying he did anything wrong.  She does not have any reason to believe he did, but any attorney who is being asked an opinion on whether or not they should be disclosing his own bills, because someone in the community is alleging that there is bill padding by that attorney, there is obviously a conflict of interest.  There is a self-interest to make sure that information does not get out.  She would ask them to consider that.  She realizes their comments, in that council would either have to take his opinion on this or totally get another city attorney, and that is one way to look at it, but she would argue that they don’t necessarily have to get a whole new city attorney when there is something like this with a specific conflict of interest, it would be wise to perhaps get another opinion on that, but it doesn’t mean they have to totally throw away that attorney client relationship.  She is not saying Kraker did anything wrong, that would be no matter who the attorney was, if it was her that was representing them, she would hope they would look at that.

Robert Thompson, 330 Hall Street, stated they are holding a work session and he has submitted his resume and application to be the interim city manager.  There are a lot of skills that have not been brought to this position.  It is a wonderful city.  All he sees is the negatives.  There are so many gems with high accreditation.  There is the Candlestone, Flat River and walking paths.  They have tried to build the city up over two decades but it doesn’t seem to be working.  They had tried some marketing.  They did the DVD’s incorrectly.  He has been on the city council, library board, museum board and Planning Commission.  There are two major things to do during the interim where they should take a breath of fresh air as they need a city manager for the long term benefit - quit having nasty news presentations and start marketing.  Greenville started a long time ago, as did Ionia and Lowell.  They need strategic planning, which he is very much into.  Planning is not just for the Planning Commission.  With strategic planning, they bring citizens in, have work days on a Saturday, spend time with it and see what they can afford to do this year and the next year.  It is a plan that would last over six months.  He loves the city.  He will be here the rest of his life.  He would like to work with city council.  There is the opportunity to do things differently.  Look at the people who apply for the city manager position.  Take time and do it the right way.

Mike Henry, 806 Wildlife Trail, stated he saw the list of interims they have from MML.  There is no one from around here.  It has been said they need someone from the outside with new ideas.  They had some from other towns for a long time.  They need to get someone from Belding who knows Belding.  There are people here that have good ideas for this town and know what it needs. 

City Manager’s Comments

There were no interim city manager’s comments.

Council Comments

Council Member Scheid stated he was glad to see people here and so many applied for ZBA.  He believes they will have to double check on the FOIA thing.  There is a conflict of interest for Randy, so someone else in his firm should give an opinion.  They need to make sure they don’t mess up. 

Council Member Lallo thanked the citizens for attending the DEQ meeting.  He thanked Senator Mike Nofs for voicing concerns for the community.  When the city gets the report, they should get the whole community involved.  Include everyone and get their comments.  He wished to acknowledge that the “Fill the Gym” basketball game was well attended on January 30, 2015, and what an atmosphere.  A blood drive will be held on Friday, February 6, 2015 from 12 noon to 5:45 p.m. at the Bel in memory of Dessie Hall, who volunteered a lot for the Red Cross. 

Council Member Jones stated to clarify his statement about the attorneys, with the redacting, he has no problem with the line item of the bills, but some names may have to be redacted.  In reviewing it, whether somebody else in the Varnum Law firm does it or if they ask someone from the city to approach the Attorney General’s office and ask them what can and can’t be redacted out of something like that.  He doesn’t have a problem with a second opinion, but if they are going to trust the lawyer and firm that they named, then they need to do it.  Regarding the BZA, it looks like all the positions are there.  They are short two Planning Commission members and interested persons should get with Kareen or someone at city hall and get an application.  He is happy to have them their meetings.  He stated he would like to thank Kareen, Becky, Ron and the rest of city staff for stepping up and taking care of the vacancy of the city manager.  All have taken more on their plate than what they needed to.  He thanked Ron in particular for doing what he had to do to get things done. That is one reason he has confidence in Ron in the position of mayor.  He does what is best for the city and does a good job at it.

Council Member Scheid stated he would second that.

Council Member Cooper stated in terms of the FOIA situation, they should look into that a little deeper.  They are doing it different.  Citizens want the bills and having them redacted is not right. He is not a proponent of withholding information from people.  He is glad the ZBA is moving forward, as it will progress our city forward.  He hopes everyone is staying warm.

Mayor Gunderson stated Coffee with Council started over three years ago.  It has worked out well but he feels it has run its course, so he will shut it down.  It was held from 10 a.m. to 1 p.m. on the Mondays before council.  It has just turned into a gathering point.  He has enough other things to do.  He and Joe spent a lot of time by themselves and Jerry joined when Joe was not there.  Regarding the statement of Carla serving on the Library Board, someone else could be the liaison, other than him.  He has just been doing a report back to city council.  Regarding the DEQ meeting, it was disappointing but helpful.  Senator Nofs was spot on regarding what he said for now and in the future.  They will get notices out to the public more often, not just once in one location.  He wished the community could have wrapped themselves around it a little more.  It has to do with the future, for future generations.  He hopes the public comment that was made will be taken to heart.  There should be a different or longer period of testing, rather than just two years on the test wells.  He thanked Becky, Kareen and the whole city hall for stepping up to the plate in trying times, and for keeping it organized.

Work Session

A.    Interim City Manager Candidates

Don Beavers

Council Member Cooper stated they all have experience, most have been in municipal work for some time.  He has no issues with Don.

Council Member Scheid stated he has been doing it a long time, with several interim positions and city manager in a couple spots.  There was not much on him when he was looking around and no real problems anyplace. 

Council Member Lallo stated he used the internet for research and there was one gap in employment from Mackinaw City, were he resigned in less than one year.  After that he went to Bangor.  That is the only gap he could see and it raised a question. 

Council Member Jones stated the interim is short term, and other than Caro and Mackinaw he moved around a lot.  There has been no permanent position.  He is not sure that is what they want. 

Mayor Gunderson stated he also had that issue.  This would not be on his list of applicants. 

Bruce Brown 

Council Member Cooper stated he was a local guy compared to the other candidates, and would be more available to our city.  He has been with Port Huron for quite some time and has experience in municipal work.  He would be one of the top candidates.

Council Member Scheid stated he is 75 years old, has a very good reputation, was in Port Huron a long time and was part time to start.  With is background, he has done everything.  He would be at the top of his list. 

Council Member Lallo stated he was at the top of his list.  He did research and looked up his name under City View at Port Huron.  Mr. Brown did a weekly TV interview with community members, leaders, business owners, council members, city manager and business leaders.  He would encourage them to watch the interviews.  There was a Herald Times article. 

Council Member Jones stated during his six years at Port Huron, he worked on six action items – economic development, reorganization of governmental functions, quality of life issues, blight elimination and leadership development.  They have talked about all of those things.  He is at the top of his list of candidates. 

Mayor Gunderson stated everything has already been said, and his application is up there for him.

Reid Charles

Council Member Cooper stated he has a variety of experience and has been city administrator in towns similar to ours and much larger.  His expertise would be adequate for 90 days but he was not up with a few of the other candidates. 

Council Member Scheid stated he has done a lot of things.  He had a bit of an issue at Harbor Beach. 

Council Member Lallo stated he saw the same thing and that is all he found.  If he had to narrow it down, he would interview him. 

Council Member Jones stated he was acceptable, the second on his list. 

Mayor Gunderson stated he would agree with Mike.  He has been around the block.  For the short term, he would be an excellent candidate to fill in the gaps.  He also likes him.

Terry Hofmeyer

Council Member Cooper stated he doesn’t know much about him.  He did not include a lot.  His biggest concern is what he gave them. 

Council Member Scheid stated he has a little bit of a background.

Council Member Lallo stated he had issues in Wayland, but there is not much to go on.  He may be his third choice. 

Council Member Jones stated he didn’t get a call back from people in Holland and Wayland.

Mayor Gunderson stated he was disappointed there was not more information.  It was three-quarters of a sheet and there are too many gaps. 

George Strand

Council Member Cooper stated his resume is very detailed, he has done a lot, has had a variety of experiences and there was nothing that was alarming or stuck out.  He would be in the middle of the pack. 

Council Member Scheid stated he got fired in Homer, he doesn’t know a lot about him, he doesn’t know what the problem was and there was no statement from him.  He had some issues with the staff at Battle Creek.

Council Member Lallo stated the reason in Homer was having conflicts with the staff.  He had the same problem in Middleville with lack of communication and cooperating with staff and department heads.  Battle Creek went to court for not providing a document and the Battle Creek Inquirer won.  He is not sold on him and he would be at the bottom of the list. 

Council Member Jones thought the same thing.  The Battle Creek incident was on FOIA.  He refused to give the document out.  He is not one they want to refuse to give out FOIA information. 

Mayor Gunderson stated he found information on line.  He is not on his short list

Robert Thompson 

Council Member Cooper stated he heard his presentation and he has been on council, boards, is a resident, but his concern is that is all the experience he has.  He thinks he has the best interest of the city at heart.  He has no experience managing municipal employees.  

Council Member Scheid stated he has been with corporate America and is in charge of people.  He wants a temporary job until he is 66.  He can’t afford to come here for three months and worry about another job.  He is looking at 1 to 1-1/2 years.  He was on and off council due to his job.  He has been involved in a lot over the years.  He always comes back to Belding.  He can’t see him doing it as he does not have enough background to fill the position, which is only temporary.

Council Member Lallo stated he was passionate about the community, but it is the middle of budget time, and with no experience he will not benefit them. 

Council Member Jones stated he has known him for a long time and he has been managing staff and doing a great job.  He is not sure he has the experience for the budget and the construction projects to be finished.  They would need a consultant and that would cost more.

Mayor Gunderson stated Robert has the community interest at heart, but they need someone more qualified. 

A vote was taken on the applicants.

Bruce Brown

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

Nays:   None

Reid Charles

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

Nays:   None

Terry Hofmeyer

Ayes:   None

Nays:   Council Members Lallo, Gunderson, Jones, Cooper and Scheid

George Strand

Ayes:   None

Nays:   Council Members Gunderson, Jones, Cooper, Scheid and Lallo

Robert Thompson

Ayes:   Council Member Scheid

Nays:   Council Members Jones, Cooper, Lallo and Gunderson

Donald Beavers

Ayes:   None

Nays:   Council Members Lallo, Gunderson, Jones, Cooper and Scheid

Adjournment

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

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

            Nays:               None.

The Mayor adjourned the meeting at 8:55 p.m.