REGULAR MEETING OF THE WEST BRANCH CITY COUNCIL HELD IN THE COUNCIL CHAMBER OF CITY HALL, 121 NORTH FOURTH STREET, MONDAY, JANUARY 7, 2002

Mayor Todd Thompson called the meeting to order at 7:00 p.m.

Present: Mayor Todd Thompson, Council Members Gregory Clark, William Ehinger, Kim Ervans, Paul Frechette, Russell Jackson, Chad Lucas

Absent: None

Other officers present: City Manager Patrick McGinnis, Clerk/Treasurer Jane Tennant, Police Chief Rodger Williams, Attorney Christine Juarez, Attorney Michael Juarez, County Commissioner Clarice Sperry

All stood for the Pledge of Allegiance.

Mayor Thompson gave a Certificate of Appreciation to: Russell Jackson for 5 years of service on the City Council; Joe Clark for 15 years of service on the DDA; and Steve Kimball for 15 years of service on the ZBA.

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Steve Leonard, West Branch Area Chamber of Commerce Director, made a presentation on the TB zones established by the Michigan Department of Agriculture. He stated he was concerned that Ogemaw County was in a surveillance zone when no animals were tested positive for bovine tuberculosis. He further stated this designation hurts our economy and urged Council to send a letter or adopt a resolution asking that Ogemaw County be placed in a TB free zone.

MOTION BY THOMPSON, SECOND BY EHINGER, DIRECTING THE CITY MANAGER TO SEND A LETTER TO THE MICHIGAN DEPARTMENT OF AGRICULTURE VOICING COUNCIL’S OBJECTION TO OGEMAW COUNTY BEING INCLUDED IN A TB SURVEILLANCE ZONE.

Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson

No – None

Motion carried

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MOTION BY LUCAS, SECOND BY CLARK, TO APPROVE THE MINUTES AND SUMMARY OF THE REGULAR MEETING HELD DECEMBER 17, 2001.

Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson

No – None

Motion carried

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MOTION BY JACKSON, SECOND BY EHINGER, TO RECEIVE AND FILE THE MINUTES OF THE DDA MEETING HELD NOVEMBER 12, 2001, WEST BRANCH REGIONAL MEDICAL CENTER BOARD OF TRUSTEES MEETING HELD NOVEMBER 12, 2001, WEST BRANCH COMMUNITY AIRPORT BOARD MEETING HELD NOVEMBER 21, 2001, WEST BRANCH REGIONAL MEDICAL ARTS CENTER MEETING HELD NOVEMBER 27, 2001, WEST BRANCH PLANNING COMMISSION MEETING HELD DECEMBER 11, 2001, AND THE ZBA MEETING HELD DECEMBER 18, 2001.

Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson

No – None

Motion carried

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Ed Kavanaugh, Charter Communications representative, was present. Council voiced concerns about the proposed rate increase, poor cable TV service, poor reception, and outages.

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Beth Peszko, representative for the Downtown Merchants, asked Council to consider putting more lighting in the parking lots. She stated this would enhance security and safety. Council Members Lucas and Ervans volunteered to review the parking light situation with the Downtown Merchants Association.

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MOTION BY THOMPSON, SECOND BY CLARK, TO APPOINT COUNCIL MEMBER JACKSON AS MAYOR PRO-TEM.

Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson

No – None

Motion carried

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MOTION BY THOMPSON, SECOND BY ERVANS, TO APPOINT COUNCIL MEMBER LUCAS TO THE OGEMAW HILLS RECREATION COMMITTEE.

Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson

No – None

Motion carried

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MOTION BY THOMPSON, SECOND BY LUCAS, TO ALLOW HOUSING DIRECTOR ALLEY TO SUBMIT A NEIGHBORHOOD PRESERVATION PROGRAM PRE-APPLICATION AND AUTHORIZING THE MAYOR TO SIGN THE PRE-APPLICATION.

Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson

No – None

Motion carried

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MOTION BY THOMPSON, SECOND BY CLARK, TO ALLOW THE VICTORIAN ART FAIR TO BE HELD IN IRONS PARK ON AUGUST 10 AND 11, 2002.

Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson

No – None

Motion carried

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Commissioner Sperry reported on the budget, jail renovations, POLC meetings, and the Flowage Lake assessment district.

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MOTION BY LUCAS, SECOND BY THOMPSON, TO APPROVE THE BILLS IN THE AMOUNT OF $78,380.08.

Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson

No – None

Motion carried

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Manager McGinnis informed the Council that the current waste-hauling contract would expire the end of March. Discussion followed on whether this service had to go out for bid. Manager McGinnis stated that neither the Charter or the Ordinance are clear on whether the current contract could be renegotiated or whether bids are required.

MOTION BY LUCAS, SECOND BY EHINGER, TO ACCEPT BIDS UNTIL FEBRUARY 14, 2002 ON A WASTE-HAULING SERVICE CONTRACT.

Yes – Ehinger, Lucas

No – Clark, Ervans, Frechette, Jackson, Thompson

Motion did not pass.

Manager McGinnis stated that with no direction from Council or the Ordinance he will put this service out for bid.

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Council directed Manager McGinnis to go ahead with Charter amendment recommendations.

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Robert Dack, Boston Mutual representative, was present concerning the City’s employee long-term disability policy. Council Member Lucas stated he reviewed the UNUM quote and the Boston Mutual quote and had all his questions answered. Council Member Clark asked if there would be a problem with the Police contract if the City changed carriers. Manager McGinnis stated that there would not be a problem because Boston Mutual is a comparable policy to UNUM.

MOTION BY LUCAS, SECOND BY EHINGER, TO PURCHASE THE EMPLOYEE LONG -TERM DISABILITY POLICY FROM NORTHEAST MICHIGAN FINANCIAL SERVICES (BOSTON MUTUAL).

Yes – Ehinger, Ervans, Jackson, Lucas, Thompson

No – Clark, Frechette

Motion carried

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MOTION BY THOMPSON, SECOND BY FRECHETTE, TO CONVENE IN CLOSED SESSION AT 8:35 P.M. UNDER MCLA 15.268 SECTION 8(e) TO CONSULT WITH ITS ATTORNEY REGARDING TRIAL OR SETTLEMENT STRATEGY IN CONNECTION WITH SPECIFIC PENDING LITIGATION, BUT ONLY WHEN AN OPEN MEETING WOULD HAVE A DETRIMENTAL FINANCIAL EFFECT ON THE LITIGATING OR SETTLEMENT POSITION OF THE PUBLIC BODY.

Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson

No – None

Motion carried

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MOTION BY THOMPSON, SECOND BY JACKSON, TO RECONVENE IN OPEN SESSION AT 9:00 P.M.

Yes – Clerk, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson

No – None

Motion carried

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MOTION BY THOMPSON, SECOND BY FRECHETTE, AUTHORIZING ATTORNEY MICHAEL JUAREZ TO FILE A DECLARATORY ACTION AGAINST THE CITY’S INSURANCE COMPANY TO DETERMINE IF THE CITY IS ENTITLED TO COVERAGE IN THE SENIOR CENTER INC. CASE.

Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson

No – None

Motion carried

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MOTION BY THOMPSON, SECOND BY FRECHETTE, TO REJECT THE SENIOR CENTER INC.’S SETTLEMENT OFFER IN THE AMOUNT OF $56,792.89.

Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson

No – None

Motion carried

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MOTION BY THOMPSON, SECOND BY FRECHETTE, TO ADJOURN AT 9:05 P.M.