REGULAR MEETING OF THE WEST BRANCH CITY COUNCIL HELD IN THE COUNCIL CHAMBER OF CITY HALL, 121 NORTH FOURTH STREET, MONDAY, DECEMBER 7, 2015.

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1 REGULAR MEETING OF THE WEST BRANCH CITY COUNCIL HELD IN THE COUNCIL CHAMBER OF CITY HALL, 121 NORTH FOURTH STREET, MONDAY, DECEMBER 7, Mayor William Ehinger called the meeting to order at 6:00 p.m. Present: Mayor William Ehinger, Council Members Kim Ervans, Jim Hasty, Denise Lawrence, Timothy Schaiberger, and Rusty Showalter. Absent: Dave Lucas. Other officers present: City Manager Heather Grace, Police Chief Ken Walters, Deputy Clerk/Treasurer Michelle Frechette, and DPW Superintendent Dennis Jameson. All stood for the Pledge of Allegiance. Cindy Scott of Stephenson Gracik gave a report on this years completed audit. Sheldon Justice and John Bennett of the West Branch American Legion approached Council concerning their issue in finding a suitable location within the City to house their meetings. Mr. Bennet presentd Council with a copy of the agreement and noted that the American Legion at one time had given the City money towards building a City Center with the agreement that the City would provide them with a place to house their meetings. He also noted that once that City Center was torn down, the City continued to provide a location for their meetings within different buildings they owned. He further noted that the last building they were using was the old senior center but once it was converted to the new police station they no longer had a suitable location to house them. He did note that they have reached an agreement to use the Masonic Temple which is working out well but the cost of rental on their small budget would hurt them and asked if the City would be able to help them with their rent in any way. Member Showalter noted that the City had no intention of forcing the American Legion out of buildings and had noted that they still had offered the use of the police department and the City Hall for meetings. Mr Bennett noted that they were offered those and they were thankful for that but that those locations were not suitable to house all of their events and allow for future growth. It was the consensus of Council that the American Legion was a great program but that they would need to look further into the matter and see if they were allowed to designate money for this. MOTION BY SHOWALTER, SECOND BY SCHAIBERGER, TO HAVE MANAGER GRACE LOOK FURTHER INTO THIS AND MAKE SURE THAT THE CITY IS LEGALLY ALLOWED TO DESIGNATE MONEY TOWARDS HELPING THE AMERICAN LEGION WITH THEIR RENT. 1

2 Absent Lucas Liz Mairose and April Engelhardt of the Peter Pan Preschool addressed Council that they needed to have the City adopt a resolution of approval in order to apply for a State gaming license in order to run their trivia night fundraiser. MOTION BY SHOWALTER, SECOND BY SCHAIBERGER, TO RECOGNIZE AND APPROVE PETER PAN PRESCHOOL AS A NON PROFIT ORGANIZATION OPERATING IN THE COMMUNITY FOR THE PURPOSE OF OBTAINING A CHARITABLE GAMING LICENSE. Absent Lucas Heather Johnson of the West Branch Area Chamber of Commerce updated Council with the Christmas parade plans. She also updated Council that the carnival that they were looking into getting for the Fourth of July was already booked but they are continuing to work towards getting it booked for She also noted that she has contacted a circus and they would be available for the Fourth if Council was in favor of it. Manager Grace noted that they have tentative approval to use the School grounds and have a meeting with them to confirm everything. MOTION BY SHOWALTER, SECOND BY LAWRENCE, TO APPROVE THE CITY TO MOVE FORWARD WITH BRINGING A CIRCUS TO TOWN FOR THE FOURTH OF JULY CONTINGENT UPON FINAL APPROVAL FROM THE SCHOOL TO USE THEIR GROUNDS. Absent Lucas MOTION BY SCHAIBERGER, SECOND BY LAWRENCE, TO APPROVE THE MINUTES AND SUMMARY OF THE MEETING HELD NOVEMBER 16,

3 Absent Lucas MOTION BY SHOWALTER, SECOND BY SCHAIBERGER, TO APPROVE THE MINUTES OF THE COUNCIL WORK SESSION HELD DECEMBER 2, Absent Lucas Council received communication from the MDOT Railroad Safety Division that they would like to know if a decision has been made on rerouting the N. Fifth St. crossing or installing a new flashing light system. MOTION BY SCHAIBERGER, SECOND BY EHINGER, TO REJECT THE REROUTING OF NORTH FIFTH STREET AND ACCEPT THE PROPOSAL OF THE NEW LIGHT SYSTEM. Absent Lucas It was the consensus of Council to hold off on the N. Seventh crossing closure until they could get more information from the community on it. A letter updating the hospital affiliation was shared. A letter from the Ogemaw County Clergy Fellowship thanking everyone for their support was shared. 3

4 Mayor Ehinger noted that there were some positions on the Medical Arts Center Board that were up for reappointment. MOTION BY SHOWALTER, SECOND BY SCHAIBERGER, TO REAPPOINT RICHARD BACHELDER AND KEVIN ELLIOT TO THE MEDICAL ARTS CENTER BAORD Yes Ehinger, Hasty, Lawrence, Schaiberger, Showalter No Ervans Absent Lucas MOTION BY SHOWALTER, SECOND BY SCHAIBERGER, TO APPROVE THE FOLLOWING PROCLAMATION. PROCLAMATION #15-09 WHEREAS, Larry Greer was very dedicated to the citizens and businesses of the City of West Branch, and and WHEREAS, Larry served diligently in the Department of Public Works for twenty five years, WHEREAS, the City could always depend on Larry to give of his time for the betterment of our community, and WHEREAS, Larry thought of the City s needs before he thought of his own needs, and NOW, THEREFORE, BE IT RESOLVED, that the West Branch City Council recognizes Larry Greer for his hard work and dedicated service to the City of West Branch, and FURTHER, BE IT RESOLVED, that the West Branch City Council hereby wishes Larry well in his future endeavors. Absent Lucas 4

5 MOTION BY SHOWALTER, SECOND BY SCHAIBERGER, TO EXCUSE THE ABSENCE OF COUNCIL MEMBER DAVE LUCAS. No None Absent Lucas Manager Grace submitted a request to Council to consider consolidating the number of wards in the City from three to one. She noted that it had been considered in the past and that it would be a substantial cost savings to the City to only have one ward and every council member as an at-large member. Member Showalter noted that they would have to do a Charter change in order to do this and if they are going to change it then they should also change anything else in the Charter needed at this time. Manager Grace agreed and asked to have a Charter Revision Committee made up of some of the Council Members MOTION BY EHINGER, SHOWALTER TO PROCEED WITH THE WARD CONSOLIDATION PLAN AND LOOK INTO ANY OTHER CHANGES NEEDED TO THE CHARTER. Absent Lucas MOTION BY SHOWALTER, SECOND BY SCHAIBGER, TO PAY THE BILLS IN THE AMOUNT OF $42, Absent - Lucas 5

6 * Manager Grace noted that she has had some request to change the weekend of the City wide garage sales and asked for Council opinions. It was noted that it is always on the same weekend of the Airport Fly-in and that people have had to decide between the two in the past. MOTION BY SHOWALTER, SECOND BY SCHAIBGER, TO SET THE DATE OF THE 2016 CITY WIDE GARAGE SALES AS THE SECOND SATURDAY OF JUNE. Absent Lucas * Manager Grace submitted a request and proposal to update the current accounting software used by the City because it is outdated and a new program would greatly increase the efficiency of work. MOTION BY SHOWALTER, SECOND BY EHINGER, TO PURCHASE THE BS&A SOFTWARE TO REPLACE THE CURRENT SOFTWARE USED. Absent - Lucas * MOTION BY LAWRENCE, SECOND BY SHOWALTER, TO ADDOPT THE FOLLOWING RESOLUTION. RESOLUTION #15-19 WHEREAS, in reviewing the revenues and expenditures on a monthly basis the Industrial Park Fund, the Major Street Fund, the Local Street Fund, and the General Fund will exceed their projected expenditures, and WHEREAS, the expenditures of the Industrial Park Fund were exceeded due to the paving of Griffin Rd. and Parkway Dr., and 6

7 WHEREAS, the expenditures of the Major Street Fund were exceeded due to the paving of, South Seventh St. from Houghton Ave. to Wright St., North Third St. from Sidney St. to Willow St., Houghton Ave. from Second St. to Fourth St., Griffin Rd. from Valley to the mailbox at Ausable Valley, and all of Parkway Dr., and WHEREAS, the expenditures of the Local Street Fund were exceeded due to the paving of, South Seventh St. from Wright St. to the end and North Second St. from 120 north of Sidney St. to Willow St., and WHEREAS, the expenditures of the General Fund were exceeded due to the addition of a van accessible handicap parking spot and automatic opening doors at City Hall, deposit on building repairs from hail damage, and paving of the walkway at Irons Park, and WHEREAS, it is also recognized that they will receive more revenue than anticipated in the Major Street Fund, and General Fund, and WHEREAS, the budget needs to be amended to cover the increase in expenditures and revenues, NOW, THEREFORE, BE IT RESOLVED, that the West Branch City Council hereby amends the budget in Fund 251 Industrial Park Fund as follows: REVENUE Budget Amended Sale of Lots 30,000 30, Interest Income TOTAL REVENUE 30,500 30,500 EXPENDITURES Salaries and Wages 1,000 1, Mandatory Medicare Social Security (Employer) Administration 2,000 2, Contractual Services 21,650 77, Equipment Rental 5,000 5, Expense TOTAL EXPENDITURES 30,500 86,517 Excess Receipts (Expenditures) 0 (56,017) Carry Over 308, , NOW, THEREFORE, FURTHER BE IT RESOLVED, that the West Branch City Council hereby amends the budget in Fund 202 Major Street Fund as follows: Budget Amended REVENUES Metro Act 8,000 8,000 7

8 Act 51-State of Michigan 126, , Interest Income Trunkline Maintenance Reimbursement 35,000 97,790 TOTAL REVENUE 169, ,640 EXPENDITURES Routine Maintenance Salaries and Wages 4,000 4, Overtime Mandatory Medicare Social Security (Employer) Operating Supplies 1,000 1, Contractual Services 37, , Equipment Rental 4,200 4, Expenses Total Routine Maintenance 47, ,300 TOTAL EXPENDITURES 169, ,420 Excess Receipts (Expenditures) 0 (109,780) Carry Over 435, , NOW, THEREFORE, FURTHER BE IT RESOLVED, that the West Branch City Council hereby amends the budget in Fund 203 Local Street Fund as follows: Budget Amended REVENUES State of Michigan 44,027 44, Interest Income Transfer from Major Street 40,000 40,000 TOTAL REVENUE 84,527 84,527 EXPENDITURES Routine Maintenance Salaries and Wages 5,000 5, Overtime Manditory Medicare Social Security (Employer) Operating Supplies Contractual Services 9, , Equipment Rental 9,000 9, Expenses Total Routine Maintenance 25, ,077 TOTAL EXPENDITURES 84, ,127 Excess Receipts (Expenditures) 0 (101,600) 8

9 Carry Over 348, , NOW, THEREFORE, FURTHER BE IT RESOLVED, that the West Branch City Council hereby amends the budget in Fund 101 General Fund as follows: Revenue: Property Tax Gen Op 767, , Property Tax Refuse 156, , Penalties & Interest on Taxes 5,541 5, Administrative Fees 30,000 30, Industrial Fund 2,000 2, Sales Tax (Statutory) 26,544 26, Revenue Sharing (Constitutional) 169, , Liquor Licenses 3,136 3, Sewer Fund Administration 60,000 60, Sewer Collection Administration 32,000 32, Water Fund Administration 20,000 20, Local Street Administration 4,000 4, Major Street Administration 10,000 10, Cemetery Administration 1,000 1, DDA Administration 5,000 5, Motor Vehicle Fund 12,000 12, Interest Income 1,000 1, Miscellaneous 10, , Recycling Revenue 5,000 5,000 TOTAL GENERAL REVENUE 1,320,627 1,450, Police Dept. Revenue Traffic Bureau 3,000 3, Traffic Accidents District Court Fines 7,500 7, NSF Fees Miscellaneous Misc. Ed. & Training Police Safety Income 2,000 2, Forfeiture Funds TOTAL POLICE DEPT REVENUE 15,000 15, Planning and Zoning Revenue Planning and Zoning TOTAL PLANNING AND ZONING REVENUE Parks & Recreation Revenue Rent Revenue 1,100 1, Vending Machines 1,800 1,800 TOTAL PARKS & RECREATION REVENUE 2,900 2,900 9

10 965 Transfers Revenue Transfer from Major Street Fund 6,000 6,000 TOTAL TRAANSFERS REVENUE 6,000 6,000 TOTAL GENERAL FUND REVENUE 1,345,027 1,475,027 EXPENDITURES: 265 Municipal Buildings Contractual Services 12,600 45,000 TOTAL MUNICIPAL BUILDINGS 47,750 80,150 TOTAL EXPENDITURES 1,345,027 1,377,427 EXCESS RECEIPTS (EXPENDITURES) 0 0 Carry Over 404, , Absent - Lucas * Manager Grace went over bids to replace the current City Ford Explorer. It was noted the vehicle is old and has had several issues with it recently. Some options included the purchase of a new vehicle, purchase of a used vehicle, or lease of a vehicle. Member Showalter noted that he didn t think a lease would be a good idea because the amount of mileage put on it could cause the City to have to pay extra mileage. Mayor Ehinger noted that he would like to see the purchase made locally. Member Schaiberger asked to recluse himself from the vote due to the fact that he works for one of the dealerships that submitted bids. MOTION BY SCHAIBERGER, SECOND BY EHINGER, TO ALLOW MEMBER SCHAIBEGER TO RECLUSE HIMSELF FROM VOTING ON THE PURCHASE OF THE CITY VEHICLE DUE TO A CONFLICT OF INTEREST. 10

11 Absent - Lucas Manager Grace noted that she has not looked at or test driven any of the vehicles on the list Member Ervans noted that the Impala is a full size car that will give the City what they want it to do. MOTION BY ERVANS, SECOND BY EHINGER, TO PURCHASE THE USED 2014 IMPALA BID AS SUBMITTED BY HODGES CHEVROLET. Yes Ehinger, Ervans, Hasty, Lawrence, Showalter Absent - Lucas Abstain Schaiberger Manager Grace asked Council on how to proceed with trading the current vehicle in or trying to sell it outright. Member Schaiberger noted that we would get much more selling it then on a trade. It was the consensus of Council to allow Manager Grace to try and sell it Manager Grace submitted an updated zoning plan for the second reading which included the following changes: 11

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18 Member Hasty had questions as to if these changes were brought upon by requests received. Manager Grace noted that these were all based on actual requests. Member Ervans had some concerns on the new mixed use district to make sure it adequately relates to the current uses of the buildings so there are no future issues. MOTION BY ERVANS, SECOND BY SCHAIBERGER TO ACCEPT THE SECOND READING OF THE CHANGES TO THE ZONING CODE AS PRESENTED. Absent - Lucas * Council looked at a water forgiveness request that was tabled at the last meeting. It was the consensus of Council that they could not determine any excessive usage based on the usage history and that there isn t enough difference to warrant a one-time refund. MOTION BY LAWRENCE, SECOND BY HASTY TO DENY THE WATER FORGIVENESS LETTER ON 424 W. WRIGHT ST. Yes Ehinger, Ervans, Hasty, Lawrence, Showalter No Schaiberger Absent - Lucas * Manager Grace updated Council on the most recent bill received for accepting televisions and monitors (CRT s) at the recycling center. She did note that a letter was sent to the participating townships after the last meeting informing them of the new billing plan. Member Lawrence asked if there were any concerns raised by the other townships. It was noted that Rose Township did decide not to participate any longer in the program but noted that it was more due to the fact they currently already have their own program and used it very little anyways. Discussion centered on the fact that originally it wasn t going to cost extra but now is getting expensive. Member Lawrence noted that she has been there and seen people bringing in multiple TV s at the same time and that we may need to stop accepting them altogether. Member Showalter noted that he is concerned that it may lead to TV s and monitors being just left on a curb, thrown out in the back yard, or in the woods. It was further noted that City residents are allowed two big items per week as part of the trash agreement and they could discard them in that 18

19 matter. It was also noted that before decision were made to quit accepting them altogether, they should get the thoughts of the other townships that are participating. MOTION BY SCHAIBEGER, SECOND BY LAWRENCE TO DISCONTINUE THE ACCEPTANCE OF CRTS S AT THE RECYCLING CENTER FROM RESIDENTS OF THE CITY EFFECTIVE JANUARY 1, Absent - Lucas * Manager Grace noted that Council had approved at the last meeting to allow Larry Greer to purchase two additional years of service but MERS would like it in the form of a resolution. MOTION BY SHOWALTER, SECOND BY SCHAIBERGER TO APPROVE THE FOLLOWING RESOLUTION. RESOLUTION #15-18 WHEREAS, Larry Greer is requesting that he be allowed to purchase additional years of service through the Municipal Employee Retirement System, and WHEREAS, Mr. Greer has stated that he will pay the total cost to buy the additional years of service, and WHEREAS, he is allowed to use his ICMA-RC funds to purchase the additional years of service NOW, THEREFORE,BE IT RESOLVED, that the City of West Branch Council hereby permits Larry Greer Absent - Lucas 19

20 * Scott Washburn asked Council if any decisions had been made on the safety issues at the recycling center that were raised at the last meeting. Manager Grace noted that they have had meeting with Superintendent Jameson, Police Chief Walters, and Ausable Valley representative Joe Kruch and they have a plan that they are working on and will be putting up signs in the near future once bids were received. * Superintendent Jameson updated Council on the progress of repairs to some of the City s buildings. He also noted that the most recent arsenic sample results came back good. Mayor Ehinger adjourned the meeting at 8:09 pm. William Ehinger, Mayor John Dantzer, Clerk 20