REGULAR MINUTES
PERE MARQUETTE DEPOT
Tuesday, March 17, 2015
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, March 17, 2015.
Council Member Cooper delivered the invocation.
The Mayor led the audience in the Pledge of Allegiance.
The City Clerk took the roll call:
Members Present: Council Members Dennis Cooper, Mike Scheid, Jerome Lallo, Tom Jones and Ronald Gunderson.
Members Absent: None.
Approval of Agenda
Mayor Gunderson asked to add a Closed Session regarding the Henry/Mullendore lawsuit – PA 167 15.268 Sec. 8(h) to consider material exempt from discussion or disclosure by state or federal statute.
Council Member Jones made a motion to approve the agenda as amended, supported by Council Member Scheid.
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
Shelley Gladding, 1021 Pleasant, stated that she doesn’t think the special events application will be any different, but asked for leniency in the first application. She wants to get it all in the application correctly. She thanked council and thought it was a good idea, for the events and city to be covered.
Katherine Henry, 806 Wildlife Trail, stated she reviewed the special events policy and application. She stated it was a good idea to have everyone on the same page and treated fairly. She asked them to consider amending the application for number 12 which refers to noise control, as it reminds the applicant that they would have to remain appropriate with the noise control ordinance. The way it is written suggests that no variances are allowed. There are standard events that they have approved noise variances for. Maybe build it into that question, but they could have a variance, like 12A – do you request a variance from the noise ordinance? That could not be granted by the committee. That question would be forwarded on to the correct venue. Under New Business B & C for trainings, she wanted to applaud them for putting in the effort to remain educated on issues that are important. All chairs of boards and council should be knowledgeable of OMA. It is essential that it should be followed. Regarding FOIA, the city manager, city clerk and council should remain informed on it. Appeals can go to them or the circuit court. There are things that have been brought to their attention with FOIA. Council says they are not attorneys. They are inclined to say no, but that is not the way to do it. Stay updated with the training. They still need to know things that are updated. With an elected position, the next time the seat is up, the next person would need to know what they are being trained on. Consider the length of time, expand it beyond one year, and consider making it a requirement. In conjunction with ZBA, several were adamant that they need to be trained and qualified. The same is true with council and the sub boards. They need to know the applicable laws. Consider making a requirement, just as the trainings for ZBA.
Good Neighbor Awards
Council Member Lallo presented Good Neighbor Awards for the “Fill the Gym Night” and “Rick Beckett and the Belding Community” for an event that was held on Friday, January 30, 2015 to set an attendance record in the gym and thank the community for the beautiful facilities and their support.
Consent Agenda
A. Approve Independent Bank Checks 63728 to 63824 in the amount of $339,176.15. Approve Chemical Bank Checks 6757 to 6764 in the amount of $82,582.40
B. Approve Special Meeting Minutes: February 23, 2015
C. Approve Minutes: Regular scheduled meeting, March 3, 2015
D. DART – Resolution of Intent
E. Purchase of police car
Council Member Jones made a motion to approve the consent agenda, supported by Council Member Scheid.
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.
Following are the resolutions contained in the Consent Agenda.
D. DART – Resolution of Intent
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN
INDICATING THE INTENT TO APPLY FOR FINANCIAL ASSISTANCE, FOR FISCAL YEAR 2016 UNDER ACT NO. 51 OF THE PUBLIC ACTS OF 1951, AS AMENDED.
WHEREAS, pursuant to Act 51 of the Public Acts of 1951, as amended (Act 51), it is necessary for the City of Belding Dial-A-Ride, (hereby known as THE APPLICANT), to provide a local transportation program for the state fiscal year of 2016 and, therefore, apply for state financial assistance under provisions of Act 51; and
WHEREAS, it is necessary for THE APPLICANT, to name an official representative for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51; and
WHEREAS, it is necessary to certify that no changes in eligibility documentation have occurred during the past state fiscal year; and
WHEREAS, the performance indicators for this agency have been reviewed and approved by THE APPLICANT; and
WHEREAS, THE APPLICANT, has reviewed and approved the proposed balanced (surplus) budget, and funding sources of estimated federal operating funds of $40,427.00, estimated state operating funds of $94,000.00, estimated local operating funds of $80,000, estimated fare box revenue of $30,000.00, estimated other funds (RTAP & Capital Requests) of $74,500, with total estimated expenses of $297,927.00.
WHEREAS, THE APPLICANT, has also requested one replacement bus ($70,000.00) under the capital requests.
NOW THEREFORE, be it resolved that THE APPLICANT hereby makes its intentions known
to provide public transportation services and to apply for state financial assistance with this annual plan, in accordance with Act 51; and
HEREBY, appoints Keven Krieger as the Transportation Coordinator for all public transportation matters, who is authorized to provide such information as deemed necessary by the State Transportation Commission or department for its administration of Act 51 for 2016.
E. Purchase of police car
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN APPROVING THE PURCHASE OF A 2014 CHEVROLET IMPALA LT FROM M-57 USED CARS.
WHEREAS, the Police Department is in need of an unmarked car to be used for the Officer Investigator position; and,
WHEREAS, the city solicited proposals for the purchase from qualified firms; and,
WHEREAS, the bid by M-57 Used Cars appears to be the most responsive and responsible as the vehicle mileage and cost is lower; and,
WHEREAS, funds for the purchase have been budgeted in the FY 2014/15 budget.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that a 2014 Chevrolet Impala LT be purchased from M-57 Used Cars in the amount of $14,250.00.
Reports by Council Liaisons
Council Member Scheid stated the Housing Commission will be meeting on April 9.
Council Member Lallo stated there was no museum meeting. Lynn Mason and the Labor Day Committee met with area businesses. There was a nice discussion on ideas. There will be a fundraiser pork chop fry at the legion on Saturday from 5-8 p.m.
Council Member Jones stated there was no Planning Commission meeting. If there is one it would be next Tuesday. He doesn’t think there is anything coming up for approval.
Council Member Cooper stated the next Rec Board meeting would be held the beginning of April.
Mayor Gunderson stated the DDA met and they are talking about the capture area. They are not changing the boundaries of the downtown district, just restructuring so there is not a negative capture.
Unfinished Business
There was no unfinished business.
New Business
A. Special Event Policy
The City Clerk read the preamble to the resolution.
Council Member Scheid moved the passage of the resolution and the motion was supported by Council Member Lallo.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN
APPROVING A SPECIAL EVENTS POLICY AND AUTHORIZING A SPECIAL EVENTS COMMITTEE TO APPROVE AND COORDINATE THE EVENTS.
WHEREAS, the public health, safety and welfare of the citizens of Belding require the regulation of special events within the City; and
WHEREAS, it is the desire of the city council and staff to have a defined process for approval and implementation of the events; and
WHEREAS, a Special Events Committee, comprised of the Police Chief, Fire Chief, DPW Director, Finance Director and City Clerk will be responsible for meeting with applicants to approve and coordinate the events.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the Special Events Policy be approved and the Special Events Committee be authorized to approve and coordinate the details of the events.
Council Member Jones stated he doesn’t think they need to amend anything, but by the end of next year they will review it and make any needed changes. He understands what Katherine was saying in #12. Street closures have to be approved, and some of the other questions could require other action from departments or the city. They should review it after a year to formally address those particular questions. It is a good policy.
Council Member Cooper stated it is a good policy to have to get things moving forward. He agrees with Katherine. They must understand their right to a variance.
Council Member Scheid stated it is important that it has to be in 60 days prior to the event. It is nice to see something go without a glitch.
Council Member Lallo stated with every event they should talk about the things that went wrong. The committee should meet with the individual after the event and go over any concerns they had. They may have to tweek a few things after the event. Determine what went wrong and what went right.
Mayor Gunderson stated this is their first time out. They will have some hiccups. The city will get the bugs worked out of this. They need an event interview after the event with the people. The committee will sit down with the applicants. They will find out what needs to be tweeked. This asks the basic questions and the board will be able to address those. He is glad this has moved forward. He believes they have started down the right path. It will determine who is responsible for what. His one concern is there are no fees. They can look at that in the future if it becomes cumbersome.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Cooper, Scheid, Lallo, Jones and Gunderson
Nays: None
B. FOIA Training
The City Clerk read the preamble to the resolution.
Council Member Scheid moved the passage of the resolution and the motion was supported by Council Member Lallo.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN
ENCOURAGING FOIA TRAINING FOR BELDING CITY COUNCIL MEMBERS, CITY MANAGER AND CITY CLERK.
WHEREAS, The State of Michigan Legislature has adopted significant amendments to the
Michigan Freedom of information Act; and,
WHEREAS, the Belding City Council and staff need to be familiar with the purpose and intent of the Michigan Freedom of Information Act provisions in the daily performance of their duties.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the Belding City Council will encourage its members, the City Manager and City Clerk, at city expense, to attend a presentation on the new Michigan Freedom of Information Act amendments before the end of the 2015 calendar year.
Interim Manager Brown stated this is Sunshine Week, a celebration in transparency in government. It was founded at the federal level and made its way to the state. This is our business and there should be transparency in what we do. He would recommend both trainings so they are up to date. The legislature has passed changes for July. It is a good thing for them to do.
Council Member Lallo stated they will be updated on the new laws. He went to newly elected official’s training, but things are changing.
Council Member Jones stated it is good they are moving in this direction. As Ms. Henry said, he doesn’t know if they can require city council to take formal FOIA training, but they can encourage city council members to go to FOIA training. He thinks they could require the city manager and city clerk to have formal training each year for FOIA. They should continue to encourage the city council members to participate. They should look at it by the end of the year and adopt another policy to that effect.
Mayor Gunderson stated he attended two FOIA trainings since being on council, and things are still changing. They take it to protect the city and residents.
Ayes: Council Member Cooper, Scheid, Lallo, Jones and Gunderson
Nays: None
C. Michigan Open Meetings Act Training
The City Clerk read the preamble to the resolution.
Council Member Scheid moved the passage of the resolution and the motion was supported by Council Member Cooper.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELDING, MICHIGAN
ENCOURAGING MICHIGAN OPEN MEETINGS ACT TRAINING FOR BELDING CITY COUNCIL MEMBERS, CITY MANAGER, DEPARTMENT HEADS AND CHAIRS OF ALL OFFICAL CITY BOARDS AND COMMISSIONS.
WHEREAS, the Michigan Open Meetings act sets forth critical standards for the performance
of governmental functions; and,
WHEREAS, it is the goal and objective of the City of Belding to follow and enforce the Open Meetings Act provisions in the daily performance of its duties.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan that the Belding City Council will encourage its members, the City Manager, all of its department heads and the chairs of all official city boards and commissions, at city expense, to attend a presentation on the Open Meetings Act within the next year.
Council Member Jones stated he would like to see them amend the committees, to require that it would be a part of the formal appointment of the chair to do these trainings. That could be addressed at a later time. They should be able to require that the chairs of those committees go, as well as the city manager and city clerk. He would encourage the city council to do that. They can address it later this year. They can address the descriptions of those committees.
Mayor Gunderson stated he would like to see it move forward. When they get through this and the appropriate people want to do this, he would like to get a cost to bring all the boards and people on the boards in on this.
The question on the resolution was called and the result of the voting is as follows:
Ayes: Council Members Cooper, Scheid, Lallo, Jones and Gunderson.
Nays: None.
Public Comments
Shelley Gladding, 1021 Pleasant Street, stated she would like to commend them on the education. If you have education in areas, you don’t have to rely on the knowledge of others. It is always a good idea to have your own education and it can never be taken from you. She would commend them on taking the steps to make sure everyone is trained. It is a good step forward on the event planning schedule. If they are a 501(c)3, or hold an event for profit, they should look at that in the fee schedule.
City Manager’s Comments
Interim City Manager Brown had no comments.
Council Comments
Council Member Lallo stated a lot was accomplished today. He wished everyone a happy St. Patrick’s Day and asked that they enjoy the beautiful weather.
Council Member Jones stated WOOD TV covered that East Grand Rapids is going for a millage for sidewalks and street repair. He thought they were trying to move ahead here with the actions of the city council. Joe Feuerstein talked to him about resigning. The reason was because he abstained from voting on the night of the election. He read a portion of the charter which said that a council member shall vote yes or no on any given vote. He doesn’t know if Mr. Feuerstein knew that, but if he did, he should have reminded the mayor he had to vote one way or the other. As for abstaining for financial interest, he was concerned if they continued with the current city manager they would have more law suits. He felt it was inappropriate to extend her contract. Section 2.7 of the City Charter states that anyone found guilty by a court shall be removed from office. No criminal charges were filed because of that. The code, in Section 4.7, talks about removal of office. He did abstain from voting. The financial interest was in the city. He doesn’t see where he did anything wrong. If Mr. Feuerstein knew the night of the election, he should have brought it up or the city manager should know the rules and she should have brought it up. If council needs to address this, address it, or if not, it should be dropped.
Council Member Cooper stated he wants to see that they are providing local contractors the opportunity to work with our city. They did in the past and then did not get the opportunities. They put back in our community. He would like to see more of that. He thanked Jerry for giving out the award. Mr. Woelkers had a large impact. He supports Mr. Jones 100%.
Council Member Scheid stated he would agree that what has happened at the schools is fabulous. Belding schools don’t always get the praise they should. He was glad to see this happen and told Jerry it was a good suggestion. He supports Tom on this, the way things were being handled. He stated it was good to see everyone and thanked them for coming to the meeting.
Council Member Lallo stated he had no comments.
Mayor Gunderson stated there was a public hearing on no further action on the Electrolux property. They expected answers from the DEQ. He talked to David O’Donnell. They will issue the no further action, but because of the public hearing, people were not happy with the two year test wells. They will extend it to five years with another public hearing. Electrolux will monitor the wells, as well as DEQ in the next six months. There will be four additional unscheduled tests. Next week they should have Facebook up and running for residents to keep track of it. Bruce has reached the new person the city can contact for the company. They would like to get the fence down and work on the details from there. He thanked everyone for coming tonight. He would ask that Tom contact the attorney if he likes. He understands his decision and frustration.
Council Member Jones stated he would commend Ron on working with the DEQ and getting answers.
Mayor Gunderson stated he met with MDOT and MDNR for Rails to Trails yesterday. They got them all in the same room in Lansing. They are moving forward faster than they had thought. This project is very doable next year as long as it is getting pushed through the process with MDOT and MDNR.
Closed Session
Council Member Scheid made a motion to go into closed session at 7:51 p.m. regarding the Henry/Mullendore lawsuit – PA 167 15.268 Sec. 8(h) to consider material exempt from discussion or disclosure by state or federal statute, supported by Council Member Cooper.
Ayes: Council Members Cooper, Scheid, Lallo, Jones and Gunderson.
Nays: None.
Mayor Gunderson recessed the meeting at 7:51 p.m. for a break.
Mayor Gunderson reconvened the meeting at 7:58 p.m.
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.
Attorney Robert Callahan stated they have been in communications to resolve the lawsuit that Ms. Henry brought against Margaret Mullendore in her official and individual capacities. Damages were brought against the city as the employer. They reached a tentative agreement last Friday. They discussed it in a closed session.
1. The city shall adopt resolutions pertaining to encouragement of Council Members and Manager to attend presentations and education on Michigan’s Open Meetings and Freedom of Information Acts.
2. By March 31, 2015, the City of Belding shall pay Katherine Henry the sum of $250.
3. Plaintiff shall execute a release of all claims in favor of Margaret (Meg) Mullendore.
4. There will be the settlement on all issues between the city and Ms. Henry.
If council approves the settlement agreement, he hopes they can sign it tonight. The release of all claims could be signed tonight. His recommendation was in the memo.
Council Member Jones made a motion to accept the settlement proposal between Ms. Henry and the city, to include having the mayor sign the settlement proposal, supported by Council Member Scheid.
Council Member Lallo stated this is not an admission of guilt on the city’s part.
Mayor Gunderson stated he believes it is time for the city to move on. He wishes it could have been avoided, as it brought a lot of turmoil on the city. It cost the city $5,000 through the insurance group for liability. It is another chapter that will be ending.
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 Cooper, Scheid, Lallo, Jones and Gunderson.
Nays: None.
The Mayor adjourned the meeting at 8:34 p.m.
| | Ronald Gunderson, Mayor |
| Kareen J. Thomas, City Clerk | |
