REGULAR MEETING OF THE WEST BRANCH CITY COUNCIL HELD IN THE COUNCIL CHAMBER OF CITY HALL, 121 NORTH FOURTH STREET, MONDAY, JUNE 17, 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 Edward Crawford, County Commissioner Clarice Sperry

All stood for the Pledge of Allegiance.

Mary Fox was present to request approval for a Relay for Life parade to be held on July 27, 2002 at 11:00 a.m.

MOTION BY THOMPSON, SECOND BY JACKSON, TO APPROVE THE RELAY FOR LIFE PARADE ON JULY 27, 2002 AT 11:00 A.M.

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

No – None

Motion carried

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MOTION BY LUCAS, SECOND BY EHINGER, TO APPROVE THE REQUEST FROM LOGGER’S DEPOT TO HAVE OUTDOOR SALES ON JULY 27, 2002 AND AUTHORIZING THE CLERK TO SIGN THE APPLICATION.

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

No – None

Motion carried

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MOTION BY CLARK, SECOND BY LUCAS, TO APPROVE THE MINUTES AND SUMMARY OF THE REGULAR MEETING HELD JUNE 3, 2002 AND THE MINUTES OF THE SPECIAL MEETING HELD JUNE 12, 2002.

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 MIUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 23, 2002, ZONING BOARD OF APPEALS MEETING HELD MAY 9, 2002, EDC MEETING HELD MAY 20, 2002, THE MAY TREASURER’S REPORT AND THE MAY POLICE REPORT.

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

No – None

Motion carried

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MOTION BY THOMPSON, SECOND BY FRECHETTE, TO APPROVE THE PEDDLERS AND SOLICITORS APPLICATION FROM THE SURLINE MIDDLE SCHOOL 8TH GRADE TO SELL VARIOUS GIFT AND FOOD ITEMS FROM AUGUST 27 – SEPTEMBER 11, 2002.

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

No – None

Motion carried

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MOTION BY JACKSON, SECOND BY EHINGER, TO DENY THE PEDDLERS AND SOLICITORS APPLICATION FROM E. J. MCLANE TO SELL MAGAZINES FROM JUNE 18 – JUNE 22, 2002.

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

No – None

Motion carried

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Steve Leonard, Chamber of Commerce Director, was present to request sidewalk sales during Smiley Days and to request various items for July 4th.

MOTION BY THOMPSON, SECOND BY CLARK, TO APPROVE SIDEWALK SALES FOR SMILEY DAYS AND JULY 4TH, TO ALLOW A PARADE ON JULY 4TH, AND TO APPROVE THE BEVERAGE TENT FOR JULY 4TH ALONG WITH THE USE OF APPROXIMATLEY 6 PICNIC TABLES FROM IRON’S PARK.

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

No – None

Motion carried

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Council Member Ehinger asked if the Council was aware of the 50/50 drawings taking place at the Senior Center. Manager McGinnis stated he would check into this and proceed as prescribed by the City Attorney.

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Council Member Lucas asked if we found out anything on the ducks. Council Member Clark stated he was in contact with the DNR and they are just finishing up their eagle count. He stated when they are done with that they will come and take a look at the duck situation.

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Mayor Thompson noted that the annual Michigan Municipal League convention is scheduled for September 9 – 13, 2002.

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County Commissioner Sperry reported on the newly filled County Commissioner position, the dorm style jail facility, Group Workcamps, and realignment of Circuit and District Court areas.

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MOTION BY JACKSON, SECOND BY CLARK, TO RECEIVE AND FILE THE MAY 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 $62,499.81.

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 PROCLAMATION:

PROCLAMATION #02-01

WHEREAS, Lee a Shortt, D.D.S., was born in West Branch on October 12, 1920, just nineteen years after the Wright Brothers made their historic flight a few miles south of Kitty Hawk, North Carolina, and

WHEREAS, Doctor Shortt marveled at the world of flight throughout his formative years and became a licensed pilot following his discharge from the Army and Navy in 1946, and

WHEREAS, his interest never strayed far from flying, as he turned his passion into a business with Wynne Steuernol (S & S Air Service), became a member of the flying dentists association (flying needed dental aid to impoverished areas at home and abroad), brought West Branch into modern times as a leader and board member at the West Branch Community Airport and, most importantly, included his loving family in his avionic pursuits, flying them to glorious vacation destinations all over North America.

NOW, THEREFORE, BE IT RESOLVED, in recognition of his contributions to the aviation interests of West Branch as a businessman, a health care provider, a humanitarian, a civic leader and a dedicated family man, the Mayor and City Council of the City of West Branch do hereby declare Saturday, June 22, 2002 as Dr. Lee A. Shortt Day in the City of West Branch and hereby directs the City Clerk to record this action in the permanent archives of the City at the West Branch City Hall.

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

No – None

Motion carried

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MOTION BY THOMPSON, SECOND BY CLARK, AUTHORIZING THE MAYOR TO SIGN ALL DOCUMENTS PERTAINING TO THE SUMMER MUSIC SERIES GRANT.

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

No – None

Motion carried

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MOTION BY THOMPSON, SECOND BY LUCAS, TO ADOPT THE FOLLOWING RESOLUTION:

RESOLUTION #02-10

WHEREAS, the West Branch City Charter was adopted by the Charter Commission of the City of West Branch September 3, 1975, and

WHEREAS, developments since 1975 create conditions whereby the best interests of the City of West Branch may be served by occasionally amending sections of the Charter,

NOW, THEREFORE BE IT RESOLVED, that Section 5.7(b) of the West Branch City Charter be amended by changing the wording as follows:

Section 5.7(b)

PRESENT WORDING

The Council shall not grant or authorize extra compensation to any officer or employee after his service has been rendered. The salary of any elective officer shall not be increased or decreased during the term for which he was elected.

PROPOSED WORDING

The Council shall not grant or authorize extra compensation to any officer or employee after his service has been rendered except by a unanimous resolution at a regular meeting of the City Council. The salary of any elective officer shall not be increased or decreased during the term for which he was elected.

and

BE IT FURTHER RESOLVED, that these proposed changes be submitted for approval to the Governor of the State of Michigan, and

BE IT FURTHER RESOLVED, that the following ballot language (statement of purpose and questions) be submitted for approval to the Attorney General of the State of Michigan for the proposed amendment to Section 5.7(b) of the City Charter:

LOCAL PROPOSAL 02-01

Proposal to amend City Charter to allow extra compensation to officers or employees after services have been rendered upon unanimous resolution of the City Council:

Shall Section 5.7(b) of the West Branch City Charter be amended to allow extra compensation to officers or employees after services have been rendered upon unanimous resolution of the City Council?

____________ Yes

____________ No

and

BE IT FURTHER RESOLVED, that this resolution, setting forth the existing and proposed Charter language, shall be published following the approvals from the Governor and Attorney General of the State of Michigan, and

BE IT FURTHER RESOLVED, that the following approval of the proposals by the Governor and Attorney General of the State of Michigan, the ballot measure proposed herein submitted to a vote of the people of West Branch at a general election to be held on November 5, 2002.

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

No – None

Motion carried

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MOTION BY THOMPSON, SECOND BY CLARK, TO SCHEDULE A PUBLIC HEARING ON A CDBG GRANT FOR MEDC DOWNTOWN IMPROVEMENT FOR JULY 1, 2002 AT 7:05 P.M.

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

No – None

Motion carried

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MOTION BY THOMPSON, SECOND BY JACKSON, AUTHORIZING THE MANAGER TO SUBMIT AN APPLICATION TO THE STATE OF MICHIGAN URBAN LAND ASSEMBLY PROGRAM AND COMMENCE WORK ON A PURCHASE AGREEMENT WITH THE SHIRLEY AGREE TRUST (417 W. HOUGHTON AVE.).

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

No – None

Motion carried

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Council reviewed the Attorney and Auditor’s opinions on the College America 529 Savings Plan. Council Members were not interested in offering this to the employees because the City could sponsor only this program and it would appear that council endorsed this company.

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MOTION BY THOMPSON, SECOND BY LUCAS, TO APPROVE THE THREE-YEAR ASSESSING CONTRACT WITH SANILAC APPRAISERS AND AUTHORIZING THE MANAGER TO SIGN SAID CONTRACT.

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

No – None

Motion carried

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Tyler Nace was present and asked that Council reconsider his request to sell educational books door-to-door. Mayor Thompson noted that it would take five affirmative votes to bring this issue back to the Council table.

MOTION BY LUCAS, SECOND BY THMPSON, TO RECONSIDER THE PEDDLERS AND SOLICITORS REQUEST FROM TYLER NACE TO SELL EDUCATIONAL BOOKS.

Yes – Clark, Frechette, Lucas, Thompson

No – Ehinger, Ervans, Jackson

Motion did not pass.

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MOTION BY THOMPSON, SECOND BY JACKSON, TO APPROVE $500 FOR THE FIELDSTONE FLOOR AT THE NEW GAZEBO IN IRON’S PARK.

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

No – None

Motion carried

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Council reviewed the bid on the City Hall entrance doors. Council Members asked why the first bid was not accepted. Manager McGinnis explained that after DPW Superintendent Dack reviewed the bid and followed up on it he did not feel it met our needs.

MOTION BY LUCAS, SECOND BY JACKSON, TO ACCEPT THE BID FROM C. A. HANES FOR THE REPLACEMENT OF THE FRONT DOOR ON CITY HALL AT A NOT TO EXCEED COST OF $3,777.26.

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

No – None

Motion carried

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Doris Priest was present and asked if Council had found out anything concerning the Hospital union negotiations. Mayor Thompson stated he had not found out anything yet and noted that the Council has nothing to do with the negotiations.

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MOTION BY THOMPSON, SECOND BY JACKSON, TO ADJOURN AT 7:42 P.M.