REGULAR MEETING OF THE WEST BRANCH CITY COUNCIL HELD IN THE COUNCIL CHAMBER OF CITY HALL, 121 NORTH FOURTH STREET, MONDAY, FEBRUARY 18, 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 Michael Juarez, County Commissioner Clarice Sperry
All stood for the Pledge of Allegiance.
Manager McGinnis reported on the Group Work Camps program. He stated he approached Habitat for Humanity and asked if they would sponsor this program. He reported that they are in favor of the program but they do not want to be the sponsor. He stated he also checked with the Ogemaw Clergy Fellowship and although they like the program they do not want to be the sponsor. Mr. McGinnis went on to explain that he believes there are enough resources available that the money does not need to come from the taxpayers. He asked Council if they wanted to sponsor this program with staff coordinating the efforts with Habitat for Humanity, the Ogemaw Clergy Fellowship, 4-H, and other service oriented groups that may want to join the program. Council Member Lucas was concerned about liability. County Commissioner Sperry stated that this program might be something the Ogemaw County Housing Department could get involved in. Mayor Thompson asked Manager McGinnis to put this on the agenda for the next Council meeting and in the meantime County Commissioner Sperry can check with the County Housing Department.
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MOTION BY CLARK, SECOND BY FRECHETTE, TO APPROVE THE MINUTES AND SUMMARY OF THE REGULAR MEETING HELD FEBRUARY 4, 2002.
Yes Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No None
Motion carried
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MOTION BY JACKSON, SECOND BY FRECHETTE, TO RECEIVE AND FILE THE MINUTES OF THE EDC MEETING HELD JANUARY 21, 2002, PLANNING COMMISSION MEETING HELD JANUARY 22, 2002, THE JANUARY POLICE REPORT, AND THE JANUARY TREASURERS REPORT.
Yes Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No None
Motion carried
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Council Member Lucas reported that he attended his first Ogemaw Hills Recreation meeting. He reported that the plans are to finish the softball fields this spring.
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Attorney Juarez stated that he would be requesting a closed session later in the meeting to discuss the Parks lawsuit and the declaratory action. He reported that the next court date on the Senior Center is March 15.
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Attorney Juarez also reported on the Hospital Board status. He stated that according to the by-laws a majority of the Board must be City residents; this is not the current case. He noted that there is indication that it may take as long as 2 months to get a list of candidates from the Hospital Board. Council Member Lucas felt that the Council should give the Hospital Board a deadline to have names submitted or Council would take further action. Mayor Thompson noted that there have been vacancies on this Board since September and yet it will be another 2 months before they can provide Council with a list of candidates. He stated he feels too much is going on at the Hospital to wait so long to fill the board positions.
MOTION BY THOMPSON, SECOND BY LUCAS, TO HAVE ATTORNEY JUAREZ CONTACT THE HOSPITAL BOARD INFORMING THEM THAT COUNCIL WANTS BOARD NOMINEES BY MARCH 4, 2002 OR COUNCIL WILL REMOVE MEMBERS SO THE BOARD IS IN COMPLIANCE WITH THE BY-LAWS.
Yes Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No None
Motion carried
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Discussion was held concerning the Maintenance Employee Agreement. Attorney Juarez noted that he reviewed the agreement and it is in order. Mayor Thompson voiced concern about the amount of time the maintenance employee is on call. Manager McGinnis informed him that there are provisions for other coverage if the maintenance employee needs to be away.
MOTION BY LUCAS, SECOND BY EHINGER, TO APPROVE THE MAINTENANCE EMPLOYEE AGREEMENT AND THE MAINTENANCE EMPLOYEE LEASE AGREEMENT.
Yes Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No None
Motion carried
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Council reviewed the West Branch Senior Center Reservation request. Council Member Ehinger asked why this was coming before Council. Manager McGinnis explained that any ongoing activities require Council approval.
MOTION BY JACKSON, SECOND BY CLARK, TO APPROVE THE REQUEST FROM NATIONAL CITY BANK TO USE THE WEST BRANCH SENIOR CENTER THE THIRD TUESDAY OF EVERY MONTH FROM 5 P.M. TO 6 P.M.
Yes Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No None
Motion carried
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County Commissioner Sperry gave an update on the jail.
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MOTION BY JACKSON, SECOND BY FRECHETTE, TO RECEIVE AND FILE THE JANUARY FINANCIAL STATEMENT.
Yes Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No None
Motion carried
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MOTION BY LUCAS, SECOND BY THOMPSON, TO APPROVE THE BILLS IN THE AMOUNT OF $36,408.48.
Yes Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No None
Motion carried
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MOTION BY THOMPSON, SECOND BY JACKSON, TO ADOPT THE FOLLOWING RESOLUTION:
RESOLUTION #02-01
WHEREAS, the United States Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) Drug-Free Workplace Policy has been amended as of August 1, 2001, and
WHEREAS, the City of West Branch wishes to comply with the Department of Transportation (DOT) regulations in reference to Commercial Drivers License (CDL) and drug and alcohol testing of its drivers at the time and under the conditions described in the policy,
NOW, THEREFORE, BE IT RESOLVED, that the City of West Branch adopts the amended policy.
Yes Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No None
Motion carried
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MOTION BY JACKSON, SECOND BY EHINGER, TO ADOPT THE FOLLOWING RESOLUTION:
RESOLUTION #02-02
THEREFORE, BE IT RESOLVED that the City Council of the City of West Branch does hereby authorize the transferring of 25% of the Act 51 money from Major Street to Local Street.
Yes Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No None
Motion carried
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MOTION BY JACKSON, SECOND BY CLARK, AUTHORIZING WADE-TRIM TO PROVIDE CONCEPTUAL DESIGN AND TOPOGRAPHICAL SURVEY SERVICES FOR THE RIVERWALK TRAIL FOR A LUMP SUM FEE OF $4,350.
Yes Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No None
Motion carried
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Police Officer Erin McIsaac informed the Council that she has moved out of town temporarily while looking for a house to buy in the City. She requested that Council set her wage to reflect a City resident. Council Member Lucas asked Officer McIsaac how long she plans to live out of the City limits. She stated she hopes to move back inside the City limits this summer.
MOTION BY LUCAS, SECOND BY FRECHETTE, TO PAY POLICE OFFICER ERIN MCISAAC THE RATE FOR EMPLOYEES LIVING WITHIN THE CITY LIMITS FOR 6 MONTHS FROM THIS DAY AND IF SHE HAS NOT MOVED INTO THE CITY BY THAT TIME MS. MCISAAC WILL NEED TO COME BEFORE COUNCIL AGAIN.
Yes Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No None
Motion carried
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Manager McGinnis explained the Cell Phones For Seniors program. He stated that Senior Citizens that need emergency service access in their cars are given a cell phone. Police Chief Williams reported that he has contacted a number of the cell phone companies and they are willing to help with this program. Council Member Ehinger stated that Huron County is also doing this and suggested contact be made with them to see how they administer the program.
MOTION BY CLARK, SECOND BY THOMPSON, AUTHORIZING THE CITY MANAGER AND POLICE CHIEF TO PROCEED WITH THE CELL PHONES FOR SENIORS PROGRAM.
Yes Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No None
Motion carried
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MOTION BY JACKSON, SECOND BY EHINGER, TO ADOPT ORDINANCE #02-01 ENTITLED, "AN ORDINANCE TO AMEND §152.130 AND §152.128 OF THE CITY CODE OF ORDINANCES.
Yes Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No None
Motion carried
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Council reviewed the bids on the 2002 police vehicle as follows:
1. Team Hodges, West Branch 2002 Tahoe $27,494.03
2. Miscisin Brothers, Standish 2002 Crown Victoria $20,612.00
3. Team Hodges, West Branch 2002 Dodge Intrepid $19,920.00
2002 Impala $20,222.84
4. Hart Pontiac GMC Buick, West Branch 2002 GMC Yukon
2 wheel drive $27,892.00, 2002 GMC Yukon 4 wheel drive $29,730.00
2002 Envoy 2 wheel drive $26,953.00, 2002 Envoy 4 wheel drive $28,967.00
5. Dean Arbour, West Branch 2002 Crown Victoria $23,011.00
6. Fernelius Chevrolet, Rose City 2002 Chevy Impala $19,769.09
7. Fernelius Chevrolet, Rose City 2002 Chevy Tahoe $24,055.83
8. Dean Arbour, West Branch 2002 Explorer $30,200.00
Mayor Thompson stated he does not want to see the color changed on the vehicle and the City has had good luck with the Crown Victoria and he does not see why we should change. Council Member Lucas asked to abstain from voting on this issue because he is employed by one of the car dealers.
MOTION BY THOMPSON, SECOND BY EHINGER, TO ALLOW COUNCIL MEMBER LUCAS TO ABSTAIN FROM VOTING ON THIS ISSUE.
Yes Clark, Ehinger, Frechette, Jackson, Lucas, Thompson
No Ervans
Motion carried
MOTION BY EHINGER, SECOND BY JACKSON, TO AWARD THE BID TO MISCISIN BROTHERS ON THE CROWN VICTORIA IN THE AMOUNT OF $20, 612.00.
Yes Ehinger, Jackson, Thompson
No Clark, Ervans, Frechette
Abstain - Lucas
Motion did not pass.
MOTION BY FRECHETTE, SECOND BY CLARK, TO AWARD THE BID TO FERNELIUS CHEVROLET, ROSE CITY FOR THE TAHOE IN THE AMOUNT OF $24,055.83.
Yes Clark, Ervans, Frechette, Jackson
No Ehinger, Thompson
Abstain Lucas
Motion carried
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Manager McGinnis explained that the DPW Superintendent wished to purchase a used bucket truck. He stated that bids were received but Mr. Dack does not want to purchase the truck unseen. Mr. McGinnis asked that Council allow Mr. Dack to look at the vehicles and make the purchase he feels is the best.
MOTION BY JACKSON, SECOND BY FRECHETTE, TO ALLOW DPW SUPERINTENDENT DACK TO PURCHASE A BUCKET TRUCK WITHIN BUDGETARY ALLOWANCES.
Yes Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No None
Motion carried
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MOTION BY FRECHETTE, SECOND BY CLARK, TO GO INTO CLOSED SESSION AT 7:55 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 CLARK, TO RECONVENE IN OPEN SESSION AT 8:07 P.M.
Yes Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No None
Motion carried
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Mayor Thompson explained that the Council had asked the Attorneys to file a declaratory action against the insurance company. He stated that new information came to light and asked the Council to reconsider this action.
MOTION BY THOMPSON, SECOND BY JACKSON, TO RECONSIDER THE DECLARATORY ACTION MOTION PASSED ON NOVEMBER 19, 2001.
Yes Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No None
Motion carried
MOTION BY THOMPSON, SECOND BY JACKSON, TO ADVISE THE ATTORNEY NOT TO FILE A DECLARATORY ACTION AGAINST THE CITYS INSURANCE COMPANY.
Yes Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No None
Motion carried
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MOTION BY THOMPSON, SECOND BY EHINGER, TO ADJOURN AT 8:15 P.M.