Approval of Agenda

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

Addition: Council Member Jones requested to add under New Business, Item B, formal discussion of residency requirements for members of the Boards and Commissions for the City of Belding.

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

            Ayes:               Council Members Miller, Scheid, Jones, Feehan and Gunderson

            Nays:               None

Guest – Robert Brown, Friends of the Fred Meijer River Valley Rail-Trails

Robert had two Board members with him, who handed out some leaflets and booklets. Robert talked about when it was begun and where it goes, as well as the Mission Statement, and presented a detailed video presentation.  He said there are three friends groups who are the guardians of the trail, with Clinton-Ionia and Owasso making up the remaining sections. He talked about the overseers and who has what authority. They have grants for upkeep and extra needs such as benches, and they want to work with local businesses and working with other environmental agencies. Currently they have three trails and a couple of them are yet unfinished.  The garden club will help plant vegetation to form edible arbors, etc.; available for walkers to pick and eat. They will maintain ADA bathrooms and walks. Events will be allowed to use trails for fundraisers.  He then talked about users of the trail and what purchases would be made in the City and how that will be a boost to local economics. In Belding, the partnerships have excelled. Working with trail groups will allow for safety on and off the trails. They are looking at 2018 to complete trails. Memberships are a huge thing now. They are asking for everyone along the trail system to support the trails. He said they have to do signage yet. Local businesses will attract walkers, and they are bringing in groups for more activities. They want to support a walkable community. They are asking the Council tonight to support the Walkable Community Resolution tonight. Memberships can leverage more money.

Public Comments

Bonita Steele, 528 Ionia St. She addressed the residency requirements of Boards and Councils, and read a lengthy explanation as to why she feels the City should not allow non-residents of the City of Belding to serve on the various Boards. She especially feels that two Rec Board members, who are not residents of Belding, should be removed from serving. She said that Rec Bd Members McNeal and Carlson do not live here and should not be allowed to serve on that Board. She said the City is going against its own Charter to allow them to continue to serve. She has no problem with Mr. McNeal to attend the Rec Board since he is being paid to serve as Recreation Coordinator. She feels someone else needs to be considered to serve and she asked the Council to vote against retaining those currently serving but are living outside the City.

Consent Agenda

Reports by Council Liaisons

Council Member Feehan met with the Museum board and they reported that the painting and porch are done.  Museum Board is working to update the parking area out back. The Labor Day Committee has all their permits. Everything is looking good.

Council Member Miller reported that the next meeting of the Historic District Commission is on the 18^th.

Council Member Scheid missed the last meeting of the Housing Commission as he was out of town.

Council Member Jones said the Planning Commission meeting for July was cancelled due to a lack of agenda items. The next one will be the end of this month.

Mayor Gunderson reported that the Library Board’s bills are paid. They are working on the policies. There has been great turnout for the summer reading program for the adults and young kids and has been a very good success this summer. DDA is this Thursday at noon at the Depot.

Unfinished Business

None

New Business

A.    Friends of the Fred Meijer River Valley Rail-Trails Walkable Community Resolution

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 Feehan.

B.     Formal Discussion of Residency Requirements for Members of Boards and Commissions for the City of Belding

Motion to bring this to the floor was made by Council Member Jones and supported by Council Member Scheid.

City Manager Brown said, “As you know, an issue has recently arisen concerning the appointment of non-residents to Belding Boards and Commissions. While the current focus is on two members of the Recreation Advisory Board, at least eight non-residents are currently serving on City organizations. They are by and large leaders of the boards they serve; faithful attendees of meetings and, focused on what is good for the City of Belding. It is clear that the City Charter requires that persons who are named to city boards and commissions must be city residents for at least a year prior to their appointment. We should have no misgivings that this is the law under which we are currently operating. There does not appear to be a way to circumvent the requirement nor should we seek to do so.” He continued, stating, “Belding is a small town and faces an ongoing battle of recruiting qualified candidates to fill these important positions. It appears that previous City Councils, for reasons that were evident at the time, felt that appointing certain non-residents to boards and commissions was justified in the big scheme of things. I suspect that many were city residents at the time of their appointment but their situation has changed over time.  Because of the recent challenge, the City Council finds itself in an uncomfortable position of either upholding the requirement of the City Charter or appointing people in violation of the Charter that have an overriding interest in the City and the skill sets to significantly contribute to its betterment.” He then continued, “I feel that the City Council should take a position that supports the City Charter. I would hope, however, that we resist the pressure to immediately expel non-residents from boards and commissions until such time as we have clearly defined strategy for going forward.”  The following are his recommendations:

1.      That we declare to the citizens of Belding that we understand that appointments n the short term may violate the Charter on occasion but that we feel the historical precedents set by previous City Councils represent a wise and sustainable process that benefits the city.

2.      That we intend to seek approval of the community, through a Charter amendment process, that would enable us to appoint certain non-residents to boards and commissions when the candidates in question have a demonstrated and vested interest in the future development of our city. “It seems to me that those who drafted the Downtown Development Authority Act had it right when they permitted the appointment of non-resident members who have a personal or corporate interest in the downtown area. It makes no sense to me to deny participation in city affairs to those who have invested in our community and who provide taxes and employment, the opportunity to have input in decisions that very well may impact their livelihood and that of their employees.”

3.      That, until a decision for or against a Charter amendment is made by our voters we intend to reappoint non-residents to our boards and commissions on a case-by-case basis. We will not appoint non-residents to new available positions. If the voters reject a Charter amendment, non-residents serving on boards and commissions will be allowed to complete their current term but will not be reappointed.

Manager Brown said, “The Home Rule Act provides for two ways to amend the Charter. One is a revision in which the entire Charter itself is under study, the other is an amendment in which one item is under study. This very clearly would be an amendment. There is a series of steps that are required to go through.” He said he provided that information to Council Members. He said, “It is however, silent on what process the City Council might use to reach the language that would be presented to the Governor for approval. Either the city Council may act on its own behalf, or seek community assistance and discussion.

Council Member Jones said he appreciates what Bonita pointed out tonight, and he doesn’t know the original intent in 1964 as to when the original charter was adopted. A lot of things have changed since then. We used to require residency for City Managers and department heads, and workers themselves but we can’t do that anymore. Commissions and such haven’t been ruled upon by courts as to whether you can or can’t have a residency requirement. But since 1964, although we still have the boundaries of the City of Belding, we’ve become more involved with Otisco Township and surrounding communities. We have people who live in those communities who take an active interest in the City; some have lived here in the past and some are just residents out there. He feels the City should ask for a Charter Amendment to allow non-city residents to serve on boards/committees. As much as we sometimes would like to shrug it off onto another committee, it’s really the Council’s duty to make that decision, whether we’re going for a charter amendment or not. He said he feels we need to take the bull by the horns and ask for a charter amendment and the voters make the final ruling. If they vote it down and leave it as it is, so be it. If there are enough people who think it’s a good idea to have other community members from other areas sitting on our boards, then we’ll move ahead. He said he’s been through this on a couple of other commissions he has sat on and they aren’t getting people in town who want to be involved in it. We do have people in the community which is more than the City of Belding are involved with this. Tom said there are at least eight people on boards/commissions who are from outside of town. He’d like the City Council call for a motion to pursue a charter amendment for Section 4.4 F, which he then read, and send it to the City Lawyer to see the proper language and pursue that change.

Council Member Feehan agrees with Tom and said that we need to do something with this. It’s going to be up to the people if we do this or not.

Council Member Miller said that after reading everything presented, and puts us in a conundrum as to the when, where and when and how this all happens. There are a lot of dates and issues. He said if you look at communities and governments as they exist, it’s getting small. There is a big advantage of going outside the city. He talked about corporations who have boards of directors that are actually pulled in from multiple companies and a lot of different though processes involved in these boards, so there isn’t just one unique area or one unique group who has controlling interest. He talked about how other/outside people are probably needed, and he supports a motion. He feels we’ll lose some very good people as a result of otherwise.  He is a proponent of taking it to a general election.

Council Member Scheid said we were put in the position of this because members of boards have served well and wanted to be on the board and we’ve had trouble having residents wanting to serve. He feels if we have someone from outside the city who wants to be on it then we need to check with some other cities around to see if other communities are dealing with the same issues and get clarification from our attorney. We want to do what’s right for the City, but we also have seats to fill.

Mayor Gunderson said that we’ve ended up where past Council people allowed non-residents to serve. We are at this time in default of the Charter. There are different avenues that have been discussed. He feels that the Planning Commission is working on Zoning Ordinance and Rec Board is currently working on Rec plan. There is no one to serve on those boards right now. This has put the City Council in this position. He agrees that this needs to go to the people for a vote. He talked with Manager Brown last week about setting up a board of five residents for verbiage/input. He wants input from all the people before moving ahead and making a motion. It could devastate the community as a whole to ask the people to step down from their positions on the boards. There are two people being singled out and yet there are eight people. The City doesn’t need the negativity of this. He feels to remove them from the boards would devastate the City, but moving ahead with community input would be the best way, and not make hasty decisions.

Council Member Feehan said that the Board of Commission asks for permission from the City Council for people to serve on their board. He agrees with Tom that we need to get this moving.

Council Member Miller said he goes back to their purpose and what they’re here for. It isn’t always in favor of the direction we need to go as a community. There are a lot of good people serving and they’ve made valued impact and it’s disheartening to think of losing them. He wonders if we need to change the charter as to what is best for everyone. He doesn’t think it would be beneficial, considering what those people are doing on the boards, to lose them.

Council Member Scheid said the Museum Board, Historical Commission, Library Board, and it’s not just a City Library. We do need to work on this to get it worked out. If we let go of eight people and can’t get eight more to fill the spots, then what? The Charter is the charter, but it’s been so many years this way and we need to understand why it went this way. He wants it done right and to include community input.

Mayor Gunderson asked City Manager Brown what the time frame would be. Bruce said it’s more how do we verbalize what we want and from the Attorney. It could be done in a week. If a committee, who would that be? Council can state when/time frame from community group. Bruce will support and work with Council on however they decide. Mayor Gunderson asked if it’s possible to go to the November vote if using a community group. Bruce read the process from Section 4.4F Bruce feels they could make the November election.  If it fails, it cannot be brought up again for two years. If they approve to go to the City Attorney it’ll take about two weeks. The City Clerk would send it to the Governor. Kareen would know how much time in order to put it on the City ballot.

Council Member Miller said September 11 needs formal agreement, in Daily News and Ionia Sentinal by Oct. 11.

Council Member Jones doesn’t see forming a committee, as we all agree that this needs to be changed. He’d like verbiage back by the next Council meeting. Along with that he’d like a time frame to know if we can make the general election, but if we can’t, then hold off until we can maybe another election comes up that we can shirttail it on. He doesn’t want the City to have to pay for a Special election due to the cost.

A motion was made by Council Member Jones to ask the City Manager to get verbiage from our City Attorney to allow non-residents and get it back by the next City Council meeting and get a time frame to see if we can make it at our next council meeting, supported by Council Member Feehan.

Discussion:

Council Member Miller is in favor of motion.

Council Member Jones is only concerned about the time frame. If we can’t make the time frame, then we should hold off on it.

Council Members Scheid and Feehan had no other comments.

Mayor Gunderson feels if council wants to move ahead with this in time for the November election he hopes they cover all their bases.

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

Ayes:   Council Members Miller, Scheid, Jones, Gunderson and Feehan.

Nays:   None

Council Member Jones asked if we need an additional motion to keep the current boards intact. Manager Brown said he feels we can keep them as are for now.

Council Member Scheid feels we have to table it for now. Council Member Jones is ok if the City Manager is okay. Council Member Feehan agrees. Council Member Miller said if we can make the November, then fine, if it needs to go further out, we need to revisit it.

Public Comments

Joe Feuerstein 901 W. State.  He asked if the Manager has read the whole charter. They are all breaking the law under this charter and it continues to go on. Why don’t we break the law and continue to be a lawless town. He feels it’s been set up in this town to have certain people to serve on boards. He said they all took an oath. He recommended they all read all the Charter.

Bonita Steele. She just looked up the board members of Library and Museum, and doesn’t agree that it affects eight people. The DDA is governed by state of Michigan.

Jeff Hunter, 1602 Zahm Rd. said he feels sick of talking about four people on two boards. He feels they aren’t representing America tonight. He said the so-called board members should be cut off. He feels they aren’t concerned with the poisonous water that serves 5,000 people in this town. He complained about the number of citations written in this time. He talked about people showing up and talking and telling their ideas.

Robert Brown, 759 Jay St., he feels the Library, Museum, and Rec Board, aren’t law making boards. They are advisory boards. They can’t set laws; they can’t make decisions, etc. As a citizen, they need representation on the law-making boards.  Identify why people don’t want to serve on boards. If it goes to the public, as voted on, he will not support it. Advisory Boards shouldn’t have to be concerned.

Robert Brown Sr. said he feels as a Council they are great, but they took an oath; and they aren’t upholding that oath. They need to make it right. He feels there are a lot of people in the community who can give of their time. Do what the oath tells you to do.

City Manager Comments

No further comments.

Council Comments

Council Member Scheid said that since what’s been said we have a lot of things to think about. Go through the Charter and read this stuff again. What Robert said about law making boards is true. If we change the Charter to protect those who are on boards and commissions and such, that are advisory only, then Mr. Brown is correct. But the ones who can make changes we need to make sure that’s under control. We need to look at this and re-approach it again. Mayor Gunderson said that would all be following the attorney’s questions.

Council Member Jones said Mr. Hunter’s comments about poisoning people with fluoride; scientists can’t even decide if it’s good or bad. People are on all sides of this and he sees more benefits of fluoride. He agrees with Robert Jr. that there is a difference between advisory boards. But for the Planning Commission they had to drop the membership to five members because we couldn’t get qualified interest. As a council we should pay attention to the names that come before us. If it is a City resident versus a non-city resident, he feels it should take some weight.  Even when we’re renewing someone being on for a while, we should look at their resume to make sure they are still appropriate. We need to know why a certain person is placed. If we end up making this change to the City Charter, we need to weigh if they are a city resident and are responsible. Ask the lawyer’s review for verbiage and advisory boards, vs law-making boards. He appreciates everyone’s opinions tonight.

Council Member Feehan asked if this goes to the City Attorney, can it b worded separately from other boards so we can be separate.

.

Council Member Miller appreciates everyone’s comments. We’re in a gray area right now. Given the fact there is no process and look at public comments. He feels we are moving in the right direction at this time. And we’ll come up with a solution to it.

Mayor Gunderson said there are two work sessions, but he took notes and they are duly noted. He thanked everyone for coming. He thanked the DPW for the work they’re doing and commends all the boards, committees and commissions; they take time to come and volunteer their time. They need to be acknowledged: Robert Brown and the Friends group, Mark Ritzma and Sue and George Raymor coming tonight to represent the walkable community.

Work Session

A motion was made by Council Member Jones to bring the item to the floor, supported by council Member Miller.

1. Discussion concerning residency requirement for members of Belding boards and commissions

Council Member Jones said that pretty much the comments he said before. He thanked Robert Jr. for his comments. The advisory boards have outgrown the current rules. The rails to trails, the sports groups, etc. We’re trying to make the City bigger than its boundaries. The museum does programs/exhibits from outside Belding Community. He feels we need to involve more than those just inside the City.

Council Member Feehan said he’s looking to the Attorney’s advice on this. We need to take consideration of citizen comments and it has to be up to Community.

Council Member Miller said he stands behind the previous comments. A lot of work is going to come on the table and is looking to the Attorney’s opinion.

Council Member Scheid if anyone has comments, please send to City Hall so we can read them and we are representing the whole City. We need to see if we do need to proceed ahead. We need more feedback. We need guidance.

Public Comment

Mike Hamp, 628 Morton Ave. Chairperson of Rec Board. He supports what the Council is attempting to do.  It would devastate our board as we are deep in the updating of our master plan. He said that if they can’t make the November election, then they’ll have to bite the bullet and he will support that. He said it seems that there are always more negative opinions than positive. He would ask the Council to temper their decisions accordingly.

Robert Brown,Sr., 747 Jay St., if the current non-residents are serving on more than one board, maybe give them a choice as to which board they want to serve on.

Shelley Gladding, 1121 Pleasant St.  As a Planning Commission member; she is frustrated with the lack of members to serve on the Planning Commission. Wanting to maintain ability to serve the people; if there is no quorum it’s not fair to make them wait. She talked about her serving on Labor Day, and Brown Jr remarks regarding advisory boards has changed her mind as well comparing advisory boards to decision-making boards.

Bonita Steele talked about how many sit on multiple boards. Put us in a room and let us tell the Council why it gets negative and why some don’t like it. She said whether the Council likes her opinion or not, she is not being negative.

Mayor Gunderson says he’s thought about this for well over a month now and we can sit up here and talk all we want. It was put in their lap and they have to deal with it. It is noted in the minutes. If you have further comments, contact City Hall. This could be a fast process but won’t be overlooked.

2. Discussion of City Council membership on Belding boards and commissions

A motion was made by Council Member Scheid to bring this item to table, supported by Council Member Miller.

City Manager Brown explained City Council membership sitting on other boards. Their terms on those boards end when their City Council term ends. On the DDA, either the City Manager or the Mayor is a voting body on that committee. He asked for a legal opinion on the others, but there is no legal prevention for any of you to serve on other board or commission as a voting member.

Council Member Jones said to be a voting member on other boards it has to be recommended by that group and voted on by City Council to be a voting member on that board. It’s not a big conflict to keep one off the board.

Adjournment

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

Ayes:               Council Members Miller, Scheid, Jones, Feehan and Gunderson

            Nays:               None

The Mayor adjourned the meeting at 8:45 p.m.