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JACKSON CITY COUNCIL MEETING MINUTES

MARCH 9, 2010

CALL TO ORDER.

The Jackson City Council met in regular session in City Hall and was called to order at 7:00 p.m. by Vice Mayor Carl L. Breeding.

PLEDGE OF ALLEGIANCE - INVOCATION.

The Council joined in the pledge of allegiance.  Councilmember Howe gave the invocation, praying for the family of fatally wounded City Police Officer James Bonneau, the speedy recovery of Blackman Township Public Safety Officer Darin McIntosh and peace for the family of Elvin Potts.

ROLL CALL.

Present:  Vice Mayor Carl L. Breeding and Councilmembers Robert B. Howe, Daniel P. Greer, Kenneth E. Gaiser, Andrew R. Frounfelker and John R. Polaczyk-6.  Absent with excuse:  Mayor Karen F. Dunigan—1.

Also Present:  Interim City Manager Christopher W. Lewis, City Attorney Julius A. Giglio and City Clerk Lynn Fessel.

AGENDA.

Motion was made by Councilmember Howe and seconded by Councilmember Greer to adopt the agenda.  The motion was adopted by the following vote.  Yeas:  Vice Mayor Breeding and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6.  Nays:  0.  Absent:  Mayor Dunigan—1. 

CITIZEN COMMENTS.

Janice Fairley, Joyce Parker, Debra Green and Mary Heard all asked the Council to support the application for CDBG funds for the Elnora Moorman Community Help Center.

Rusty Holdridge, Michigan Association of Public Employees President, asked the Council to consider the sacrifices made by the members of this Union if the Letter of Agreement is approved tonight.  He thanked Interim City Manager Lewis and the City Council for their cooperation and efforts in working with the Union and allowing them to have a voice in this matter.

PRESENTATIONS/PROCLAMATIONS.

• FIRE CHIEF MICHAEL BEYERSTEDT WILL GIVE A PRESENTATION ON THE INSURANCE SERVICES OFFICE (ISO) REPORT DATED DECEMBER 11, 2009.
  
  Chief Beyerstedt provided an analysis of the credits given in 1995 and the credits given in 2009 and the four evaluation topics, which include receiving and handling fire alarms, the fire department, water supply and divergence.  Cutbacks in staffing and the loss of an engine company account for a little over 7 of the 11 credits that were lost between 1995 and 2009.  He remarked that our rating went from a 3 to a 4 and went on to explain what he is working on to get that rating back to a 3.
• PHILIP HONES, FINANCE DIRECTOR, WILL GIVE A PRESENTATION ON THE STATUS OF THE CITY’S BUDGET.
  
  Mr. Hones reported on the City’s General Fund budget, stating that the fiscal year could end with a fund deficit of approximately $66,000.  The preliminary estimate for next year increases that deficit to over $1 million.  The biggest contributors to this potential deficit situation are the decline in income tax and state shared revenue.  On the expenditure side, the effects of the union concessions, as well as other budget reductions have greatly helped the General Fund reduce operating costs.  One cost area that annually continues to increase is health insurance.  In the event budget cuts are not sufficient to balance the budget, Mr. Hones is proposing a one-time accrual of the state shared revenue payment received in August and a Workers Compensation Fund refund of $500,000, which would result in approximately $330,000 additional revenue to the General Fund. 

CONSENT CALENDAR.

Councilmember Gaiser requested Item C be removed for separate consideration.  Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the following Consent Calendar, with Item C removed for separate consideration.  The motion was adopted by the following vote.  Yeas:  Vice Mayor Breeding and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6.  Nays:  0.  Absent:  Mayor Dunigan—1.

Consent Calendar

• Approval of the minutes of the regular City Council meeting of February 23, 2010.
• Approval of the payment of the Region 2 Planning Commission invoices, in the amount of $12,901.69, for planning services for the month of December 2009, and $10,290.60, and $10,275.89, for the months of January and February 2010, respectively, in accordance with the recommendation of the Interim City Manager.
• Removed for separate consideration.
• Referral of an application to the City Planning Commission from John Leicht to rezone property located at 721 and 723 W. Franklin Street from R-2 to R-4.
• Re-establishment of the March 23, 2010, City Council meeting as the date and time to hold a public hearing to consider rescinding a Brownfield Plan for 228 W. Michigan Avenue (former Hayes Hotel).

CONSENT CALENDAR ITEM C.

Receipt of City Treasurer’s Quarterly Report for the months of October, November and December 2009.

Motion was made by Councilmember Gaiser and seconded by Councilmember Howe to receive the Report.  The motion was adopted by the following vote.  Yeas:  Vice Mayor Breeding and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6.  Nays:  0.  Absent:  Mayor Dunigan—1.

COMMITTEE REPORTS.

None.

APPOINTMENTS.

None.

PUBLIC HEARINGS.

• PUBLIC HEARING OF NECESSITY FOR STREET PAVING ON STATE STREET FROM PEARL STREET TO GANSON STREET.
  
  Vice Mayor Breeding opened the public hearing.  No correspondence was received.  Clayton Vicary, owner of 523 N. State Street, spoke in opposition to the project.  The Vice Mayor closed the public hearing
  1. RESOLUTION ORDERING THE STREET PAVING AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
     
     Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adopt the resolution.  The motion was adopted by the following vote.  Yeas:  Vice Mayor Breeding and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6.  Nays:  0.  Absent:  Mayor Dunigan—1.




• PUBLIC HEARING OF NECESSITY FOR STREET PAVING ON LOOMIS STREET FROM LEROY STREET TO ARGYLE STREET.
  
  
  Vice Mayor Breeding opened the public hearing.  No correspondence was received.  Mark Stairs, owner of 910 E. North Street, spoke in opposition to the project.  The Vice Mayor closed the public hearing.
  

  1. RESOLUTION ORDERING THE STREET PAVING AND PREPARATION OF THE SPECIAL ASSESSMENT ROLL.
     
     Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt the resolution.  The motion was adopted by the following vote.  Yeas:  Vice Mayor Breeding and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6.  Nays:  0.  Absent:  Mayor Dunigan—1.

 

RESOLUTIONS.

• CONSIDERATION OF A RESOLUTION AMENDING THE 2009-2010 DRUG LAW ENFORCEMENT BUDGET REFLECTING THE RECEIPT OF THE 2009-2010 JNET CONSPIRACY CONTINUATION PROJECT GRANT, IN THE AMOUNT OF $48,105.00 AND A LOCAL MATCH OF $48,105.00.
  
  Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to adopt the resolution.  The motion was adopted by the following vote.  Yeas:  Vice Mayor Breeding and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6.  Nays:  0.  Absent:  Mayor Dunigan—1.
• CONSIDERATION OF A RESOLUTION APPROVING THE 2010-2014 JOINT CITY/COUNTY PARKS AND RECREATION PLAN, AND AUTHORIZATION TO SUBMIT THE PLAN TO THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES FOR ITS APPROVAL.
  
  Motion was made by Councilmember Polaczyk and seconded by Councilmember Gaiser to adopt the resolution.  The motion was adopted by the following vote.  Yeas:  Vice Mayor Breeding and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6.  Nays:  0.  Absent:  Mayor Dunigan—1.
• CONSIDERATION OF A RESOLUTION AMENDING THE 2007-2008 (YEAR 33) AND 2009-2010 (YEAR 35) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGETS TO REALLOCATE $50,000.00 FROM CDBG HOMEOWNER REHABILITATION FUNDS TO CDBG EMERGENCY HAZARD REPAIR PROGRAM FUNDS.
  
  Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to adopt the resolution.  The motion was adopted by the following vote.  Yeas:  Vice Mayor Breeding and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6.  Nays:  0.  Absent:  Mayor Dunigan—1.

ORDINANCES.

None.

OTHER BUSINESS.

• CONSIDERATION OF THE REQUEST TO APPROVE THE PRELIMINARY ALLOCATION FOR FISCAL YEAR 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAMS, AND APPROVE THE REVISED CDBG/HOME TIMETABLE TO REFLECT THE PRELIMINARY ALLOCATIONS BEING POSTPONED UNTIL MARCH 9, 2010, AND THE SHIFT OF OTHER REQUIREMENTS TO MEET THE APPLICATION DEADLINE.  (POSTPONED AT THE FEBRUARY 23, 2010, CITY COUNCIL MEETING.)
  
  Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to approve the revised timetable, the shift of other requirements and the following preliminary allocations for CDBG and HOME funds:
  
  CDBG
  
                                                                                                                                                                       

  AWARE, Inc.	$15,000
  Center for Family Health	$20,000
  Family Service & Children’s Aid	$7,000
  JAHC - Home Ownership	$8,000
  Parks & Recreation - MLK Summer Program	$40,000
  Partnership Park After School Program	$5,000
  The Salvation Army - Shutoff Prevention	$50,000
  United Way 211 Service	$10,000
  PUBLIC SERVICE SUBTOTAL	$155,000
  Administration and Planning	$249,700
  ADMINISTRATION AND PLANNING SUBTOTAL	$249,700
  Community Development - Code Enforcement	$468,664
  Community Development - Residential Rehab	$186,000
  Community Development - Jobs Creation Init.	$50,000
  City Attorney’s Office - Code Enforcement	$63,000
  DPW - Handicap Curb Ramps	$20,000
  Engineering - Misc. Street Construction	$250,000
  Forestry - Ash Tree Removal	$14,000
  John George Home - Handicap Bathroom	$10,000
  OTHER PROJECTS SUBTOTAL	$1,061,664
  TOTAL REQUESTED	$1,466,364

  
  
  
  Home
  
  

                                                         

  Community Development Rehab Assistance	$172,478
  Community Development Administration	$26,900
  JAHC - Downpayment Assistance	$40,000
  JAHC - Administration	$6,000
  JAHC - Acquisition/Rehab/Resale	$70,000
  CHDO Operating Expenses	$14,000
  TOTAL	$329,378

  
  
  
  The motion was adopted by the following vote.  Yeas:  Vice Mayor Breeding and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6.  Nays:  0.  Absent:  Mayor Dunigan-1

• CONSIDERATION OF THE REQUEST TO KEEP THE DEPUTY CITY ASSESSOR POSITION A FULL-TIME POSITION.  (AS REQUESTED AT THE FEBRUARY 23, 2010, CITY COUNCIL MEETING.)
  
  
  Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to direct that the Deputy City Assessor be retained at full-time hours.
  
  

  Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to refer the matter of the Deputy City Assessor to the Finance Committee to bring back a recommendation to the City Council and look at other methods of funding the position.  The motion was adopted by the following vote.  Yeas:  Councilmembers Howe, Greer, Gaiser and Polaczyk-4.  Nays:  Vice Mayor Breeding and Councilmember Frounfelker-2.  Absent:  Mayor Dunigan-1.

NEW BUSINESS

• CONSIDERATION OF THE APPROVAL OF THE LOW BID AWARD TO PROMINENT DESIGN & BUILD, INC., IN THE AMOUNT OF $28,047.00, FOR WINDOW AND OVERHEAD GARAGE DOOR REPLACEMENT/UPGRADE AT THE WATER DISTRIBUTION/METER SHOP, IN ACCORDANCE WITH THE INTERIM WATER DIRECTOR.
  
  Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the low bid award to Prominent Design & Build, Inc.  The motion was adopted by the following vote.  Yeas:  Vice Mayor Breeding and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6.  Nays:  0.  Absent:  Mayor Dunigan-1. 
• CONSIDERATION OF THE REQUEST TO APPROVE AN INTERDEPARTMENTAL FUNDING APPLICATION FROM THE CITY ATTORNEY’S OFFICE FOR FISCAL YEAR 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING.
  
  Motion was made by Councilmember Greer and seconded by Councilmember Gaiser to approve the request.  The motion was adopted by the following vote.  Yeas:  Mayor Dunigan and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6.  Nays:  Councilmember Breeding-1.  Absent:  0. 
• CONSIDERATION OF THE REQUEST TO TRANSFER OWNERSHIP OF CITY TAX REVERTED PROPERTY LOCATED AT 1604 FIRST STREET TO THE JACKSON COUNTY LAND BANK AUTHORITY, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE QUIT CLAIM DEED, SUBJECT TO MINOR MODIFICATIONS BY THE CITY ATTORNEY, IN ACCORDANCE WITH THE RECOMMENDATION OF THE COMMUNITY DEVELOPMENT DIRECTOR.
  
  Motion was made by Councilmember Frounfelker and seconded by Councilmember Greer to approve the request.  The motion was adopted by the following vote.  Yeas:  Vice Mayor Breeding and Councilmembers Howe, Greer, Gaiser, Frounfelker and Polaczyk-6.  Nays:  0.  Absent:  Mayor Dunigan-1. 
• CONSIDERATION OF THE REQUEST TO APPROVE A LETTER OF AGREEMENT BETWEEN THE MICHIGAN ASSOCIATION OF PUBLIC EMPLOYEES (MAPE) AND THE CITY REGARDING EMPLOYEE WAGE CONCESSIONS AND COST SAVING CHANGES IN THEIR PRESCRIPTION COVERAGE BEGINNING FEBRUARY 1, 2010, THROUGH JUNE 30, 2011, AND THE SAME IMPLEMENTATION OF DRUG COVERAGE FOR THE NON-UNION EMPLOYEES AS WELL, IN ACCORDANCE WITH THE RECOMMENDATION OF THE INTERIM CITY MANAGER.
  
  Motion was made by Councilmember Gaiser and seconded by Councilmember Greer to divide the question.  The motion was lost due to the following tie vote.  Yeas:  Vice Mayor Breeding and Councilmembers Greer and Gaiser-3.  Nays:  Councilmembers Howe, Frounfelker and Polaczyk-3.  Absent:  Mayor Dunigan-1.
  
  Motion was made by Councilmember Polaczyk and seconded by Councilmember Frounfelker to approve the request.  The motion was adopted by the following vote.  Yeas:  Vice Mayor Breeding and Councilmembers Howe, Greer, Frounfelker and Polaczyk-5.  Nays:  Councilmember Gaiser-1.  Absent:  Mayor Dunigan-1.
• CONSIDERATION OF THE REQUEST TO APPROVE THE DEVIATION FROM THE PERSONNEL POLICY PROVIDING VACATION PAYOUTS FOR THREE LAID-OFF NON-UNION EMPLOYEES, IN ACCORDANCE WITH THE RECOMMENDATION OF THE INTERIM CITY MANAGER.
  
  Motion was made by Councilmember Greer to reject the request.  The motion died for lack of a second.
  
  Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to approve the request.  The motion was adopted by the following vote.  Yeas:  Vice Mayor Breeding and Councilmembers Howe, Frounfelker and Polaczyk-4.  Nays:  Councilmembers Greer and Gaiser—2.  Absent:  Mayor Dunigan-1.

CITY COUNCILMEMBERS’ COMMENTS.

Councilmember Greer stated that it is a sad day in this community and personally offered his heartfelt condolences to the families of everyone involved in the shooting, especially City Officer Bonneau.  He hopes that we can take a look at a special way to memorialize our fallen hero.

He also remarked that we need to look further into retaining the deputies to the appointed officials and he believes there are other things that can be done to make up the difference.  He suggested raising certain fees.  He requested that the matter of the Deputy City Clerk, Deputy City Treasurer and Deputy City Attorney positions be on the next agenda for consideration.

A motion was made by Councilmember Gaiser and seconded by Councilmember Greer that the positions of Deputy City Clerk, Deputy City Treasurer and Deputy City Attorney be referred to the Finance Committee for a recommendation, along with the Deputy City Assessor.  The motion was adopted by the following vote.  Yeas:  Vice Mayor Breeding and Councilmembers Howe, Greer, Gaiser and Polaczyk-5.  Nays:  Councilmember Frounfelker-1.  Absent:  Mayor Dunigan-1

He also expressed his sympathy for the police officers and citizen involved in the incident last night and offered prayers for their families.  He also prays that everything possible is done to prevent this from happening again.

He also discussed the possibility of a Finance Committee member participating in a meeting and voting by telephone.

Councilmember Howe stated that his comments were reflected in his invocation.

Councilmember Polaczyk commented on Councilmember Howe’s excellent invocation and thanked the Police Chief, Police Officers and Interim City Manager for the work and long hours they have put in over the last couple of days. 

Vice Mayor Breeding remarked that he enjoys chairing meetings and appreciated the opportunity to chair this Council meeting.

CITY MANAGER’S COMMENTS.

Interim City Manager Lewis reported that he visited with Blackman Township Public Safety Officer Darin McIntosh in the hospital and talked with his family.  He wished Officer McIntosh, who is doing well, a speedy recovery.  He is also praying for Officer Bonneau’s family.

He thanked everyone who attended the Town Hall meetings and thanked City staff for their attendance and assistance.

ADJOURNMENT.

No further business being presented, a motion was made by Councilmember Howe and seconded by Councilmember Greer to adjourn the meeting.  The motion was adopted by unanimous voice vote and the meeting adjourned at 8:43 p.m. 

Lynn Fessel
City Clerk