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JACKSON CITY COUNCIL MEETING

MINUTES

MAY 10, 2011

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 Mayor Karen F. Dunigan.

PLEDGE OF ALLEGIANCE – INVOCATION.

The Council joined in the pledge of allegiance. The invocation was given by Councilmember Howe.

ROLL CALL.

Present: Mayor Karen F. Dunigan and Councilmembers Carl L. Breeding, Robert B. Howe, Daniel P. Greer, Kenneth E. Gaiser, Andrew R. Frounfelker and John R. Polaczyk—7. Absent: none.

Also Present: City Manager Warren D. Renando, City Attorney Julius A. Giglio, City Clerk Lynn Fessel, City Assessor David Taylor, Deputy Police Chief John Holda, City Engineer Jon Dowling, Interim Deputy Fire Chief Dave Wooden, Economic Development Project Manager Barry Hicks and Finance Director Philip Hones.

AGENDA.

Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to delete Items 7.H. and 7. J. from the Agenda. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.

Motion was made by Councilmember Frounfelker and seconded by Councilmember Polaczyk to adopt the agenda, as amended. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.

CITIZEN COMMENTS. 5/10/11 2

John Wilson asked the Council to consider merging the City and Summit Township fire departments and to ask the County Commission for its assistance to keep no less than 25 City firefighters employed.

Scott Aughney discussed his candidacy for Mayor, thanked Councilmember Breeding for his efforts and for providing leadership. He expressed concern with the hiring of Larry Shaffer for the position of City Manager. He stated he is willing to lead a volunteer effort to form a Jackson militia to be involved in search and rescue, volunteer fire and rescue and neighborhood watch to help with police protection.

Jean Soltis expressed her frustration with the procedure to obtain credits for the stormwater fee.

Gerald Montgomery remarked that the citizens have spoken – No public safety at this time. He also noted we have a new county sheriff.

PRESENTATIONS/PROCLAMATIONS.

None.

CONSENT CALENDAR.

Councilmember Breeding requested Item F be removed for separate consideration. Items H and J were deleted when the Agenda was adopted. Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the following Consent Calendar, with Item F removed for separate consideration and Items H and J deleted. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.

Consent Calendar

A. Approval of the minutes of the regular City Council meeting of April 26, 2011.

B. Approval of the request from Allegiance Health to conduct their 27th Annual Allegiance Health Race to Health, on various City streets with street closures and police assistance requested, on Saturday, September 10, 2011, from 8:00 a.m. to 12:00 p.m. (Recommended approval has been received from the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. Proper insurance coverage received.)

C. Approval of the request from Marriage Matters Jackson to hold their Marriage Matters Movie at the Riverwalk, on Friday, June 10, 2011, from 8:30 p.m. to 11:00 p.m., at the Riverwalk Amphitheater. (Recommended approval has been received from the Police, Fire, Parks/Forestry, Public Works, and Engineering Departments, and the Downtown Development Authority. Proper insurance coverage received.)

D. Approval of the low bid award to State Electronics, Lansing, at their low bid of $38,760.00, for the purchase of radio equipment, in accordance with the recommendation of the Police Chief.

E. Approval of the low bid award to Concord Excavating, Concord, at their low bid of $364,329.01, for the Loomis Street Water Main Replacement and Repaving contract, and authorization for the Mayor and City Clerk to execute the appropriate document(s).

F. Removed for separate consideration.

G. Approval of Traffic Control Order (TCO) No. 2082, removing the existing traffic signal at the intersection of Blackstone and Michigan Avenue, and install a four-way stop.

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H. Deleted.

I. Approval of Traffic Control Order (TCO) No. 2084, removing the existing traffic signal at the intersection of Cortland and Mechanic Street, and install a four-way stop.

J. Deleted.

K. Referral of an application to the City Planning Commission from Adam Quentin Brewer to rezone vacant land on Page Avenue, Stencil No. 6-1529, from I-1 to I-2.

CONSENT CALENDAR ITEM F.

Approval of the low bid award to Affordable Lawn Care, at their bid price of $25,995.00, for the 2011 Private Lot Mowing contract, and authorization for the Mayor and City Clerk to execute the appropriate document(s), in accordance with the recommendation of the City Engineer/Director of Public Works.

Motion was made by Councilmember Breeding and seconded by Councilmember Polaczyk to approve the bid award to Affordable Lawn Care for the entire season and to Borck’s Outdoor Service for the duration of May and June.

Motion was made by Councilmember Greer and seconded by Councilmember Breeding to amend the motion by awarding the contract for the duration of May and June to Greener Solutions Lawn & Landscape because there is a minimal difference between their bid and Borck’s and Greener Solutions is a Jackson based company. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer and Polaczyk—5. Nays: Councilmembers Gaiser and Frounfelker—2. Absent: 0.

The main motion, as amended, was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.

COMMITTEE REPORTS.

None.

APPOINTMENTS.

A. APPROVAL OF THE APPOINTMENT OF ANGELA ARNOLD TO THE EMPLOYEES RETIREMENT SYSTEM BOARD OF TRUSTEES FILLING A CURRENT VACANCY, IN ACCORDANCE WITH THE RECOMMENDATION OF THE EMPLOYEES RETIREMENT SYSTEM BOARD OF TRUSTEES.

Motion was made by Councilmember Greer and seconded by Councilmember Frounfelker to approve the appointment. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.

PUBLIC HEARINGS.

A. PUBLIC HEARING ON THE CITY’S FISCAL YEAR 2011-2012 PROPOSED BUDGET. (CITY MANAGER WILL MAKE A BRIEF PRESENTATION PRIOR TO THE PUBLIC HEARING.)

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City Manager Renando gave a presentation highlighting the fy 2011-2012 proposed budget.

Mayor Dunigan opened the public hearing. Scott Aughney offered to volunteer some of his time to work for the City. John Wilson advocated for austerity and no new spending. Gerald Montgomery suggested using inmates to take care of our parks. Subrina Aiken explained to Council that she lost her car, motorcycle, garage and fence in a fire last night. She lives ½ of a block away from a fire station that was recently closed . She expressed concern for the safety of our citizens. Jean Soltis asked if smaller fire vehicles could be dispatched for certain calls. The Mayor closed the public hearing.

RESOLUTIONS.

None.

ORDINANCES.

A. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 2, ARTICLE VI, CITY CODE, CORRECTING ANY ERROR IN RECORDS OR OVERPAYMENTS AND UNDERPAYMENTS IN BENEFITS PAID TO A MEMBER, RETIRANT, OR BENEFICIARY OF THE CITY’S RETIREMENT SYSTEM.

Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the ordinance and place it on the next regular Council meeting agenda for adoption. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.

OTHER BUSINESS.

A. ESTABLISHMENT OF AN ELECTION DATE FOR A PROPOSED CHARTER AMENDMENT ADDRESSING DISCIPLINE OF ELECTED OFFICERS AND REMOVAL FOR CAUSE WOULD APPEAR ON THE BALLOT, AND AUTHORIZATION FOR THE CITY ATTORNEY TO MAKE MINOR MODIFICATIONS IF NEEDED. (ITEM POSTPONED AT THE APRIL 26, 2011, CITY COUNCIL MEETING.)

Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to adopt the resolution calling for a Special Election on August 2, 2011, in conjunction with the City’s Primary Election and to place this proposed Charter Amendment on that ballot. 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.

NEW BUSINESS.

A. CONSIDERATION OF THE FOLLOWING REQUESTS FROM THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING THE FIVE-YEAR CONSOLIDATED PLAN, FISCAL YEAR 2011-2012 ONE-YEAR ACTION PLAN OF

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COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS:

  1. APPROVAL OF THE SUBMISSION OF THE FIVE-YEAR CONSOLIDATED PLAN;

Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to approve the submission of the Five-Year Consolidated Plan. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.

  1. APPROVAL OF THE SUBMISSION OF THE 2011-2012 ONE-YEAR ACTION PLAN;

Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the submission of the 2011-2012 One-Year Action Plan. 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.

  1. ADOPTION OF THE RESOLUTION OF CERTIFICATIONS, AND

Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to adopt the Resolution of Certifications. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.

  1. AUTHORIZATION FOR THE MAYOR TO SIGN FORM SF-424, THE CERTIFICATIONS, AND ANY OTHER DOCUMENTATION REQUIRED FOR SUBMITTAL OF THE ONE-YEAR ACTION PLAN TO HUD.

Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to authorize the Mayor to sign form SF-424, the Certifications, and any other documentation required for submittal of the One-Year Action Plan. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.

B. CONSIDERATION OF THE REQUEST TO APPROVE A LETTER OF AGREEMENT BETWEEN THE MICHIGAN ASSOCIATION OF PUBLIC EMPLOYEES (MAPE) AND THE CITY REGARDING A TEMPORARY NO-LAYOFF CLAUSE OF ANY MAPE EMPLOYEES PRIOR TO OCTOBER 1, 2011, AND THE RIGHT TO HIRE SEASONAL EMPLOYEES BETWEEN APRIL 1, 2011, THROUGH SEPTEMBER 30, 2011, IN ACCORDANCE WITH THE RECOMMENDATION OF THE CITY/COUNTY DIRECTOR OF HUMAN RESOURCES.

Motion was made by Councilmember Polaczyk and seconded by Councilmember Greer to approve the request. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.

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C. CONSIDERATION OF THE REQUEST TO APPROVE THE EMPLOYMENT CONTRACT WITH LAURENCE SHAFFER TO SERVE AS CITY MANAGER EFFECTIVE, JUNE 1, 2011, AT AN ANNUAL BASE SALARY OF $115,000.00, AND AUTHORIZATION FOR THE MAYOR AND CITY CLERK TO EXECUTE THE APPROPRIATE DOCUMENT(S), AND FOR STAFF TO MAKE MINOR MODIFICATIONS IF NEEDED.

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

D. CONSIDERATION OF WHAT SHOULD BE THE CITY’S NUMBER 1 GOAL – AVOIDING AN EMERGENCY FINANCIAL MANAGER, PER COUNCILMEMBER DANIEL P. GREER’S REQUEST AT THE APRIL 26, 2011, CITY COUNCIL MEETING.

Motion was made by Councilmember Greer and seconded by Councilmember Polaczyk to make it our stated No. 1 goal to avoid emergency financial management and, in keeping with that, we make every effort to achieve that goal. 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.

E. DISCUSSION ON THE RULES OF THE USE OF CITY LETTERHEAD, AS REQUESTED BY CITY COUNCILMEMBER CARL BREEDING.

(Council chose to discuss this item prior to the budget item.)

Motion was made by Councilmember Polaczyk and seconded by Councilmember Howe to refer the matter of the use of City letterhead to the Rules & Personnel Committee. The motion was adopted by the following vote. Yeas: Mayor Dunigan and Councilmembers Breeding, Howe, Greer, Gaiser, Frounfelker and Polaczyk—7. Nays: 0. Absent: 0.

F. DISCUSSION OF CITY’S GENERAL FUND BUDGET FY 2011-2012.

Motion was made by Councilmember Howe and seconded by Councilmember Greer to wait until the special meeting scheduled for May 11, 2011, to discuss the budget. The motion was adopted by the following vote. Yeas: Councilmembers Breeding, Howe, Greer and Polaczyk—4. Nays: Mayor Dunigan and Councilmembers Gaiser and Frounfelker—3. Absent: 0.

CITY COUNCILMEMBERS’ COMMENTS.

Councilmember Howe discussed Blackman Township’s decision to withdraw from the automatic aid agreement and asked if there has been any communication with them.

Councilmember Greer clarified that Blackman Township’s withdrawal was from automatic aid and not mutual aid. He also reminded everyone of the May 20 Michigan Municipal League regional meeting. 5/10/11 7

Councilmember Frounfelker explained that there are six empty storefronts on Michigan Avenue. He inquired about a letter that was sent to the State Treasurer’s office asking them to come to Jackson to review our budget and asked for a copy of that letter.

Councilmember Polaczyk stated that he researched, with two environmental engineers, the stormwater utility ordinance thoroughly before voting in favor of it. In view of the fact that Council voted that their No. 1 goal is to avoid an emergency financial manager and since the City Manager has not yet completed the budget, what was expected by contacting the State Treasurer?

Mayor Dunigan stated she sent the letter to Andy Dillon, State Treasurer, because she thought it was time to be proactive. She asked for a review team because she doesn’t believe we make good financial decisions.

MANAGER’S COMMENTS.

None.

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 8:26 p.m.

Lynn Fessel

City Clerk