CITY OF FENTON COUNCIL PROCEEDINGS
Monday, January 23, 2012
City Hall Council Chambers
301 South Leroy Street
Mayor Sue Osborn called the meeting to order at 7:30 PM.
The invocation for the evening was the Lord’s Prayer and was followed by the Pledge of Allegiance.
Present: Jacob, King, Lockwood, Osborn, Piacentini, Smith.
Absent: Bland.
Others Present: Stephen Schultz, Legal Counsel; Lynn Markland, City Manager; Michael Burns, Assistant City Manager; Robert Cairnduff, Fire Chief; Rick Aro, Police Chief.
POLICE, FIRE, AND EMS SERVICE AWARDS
Chief Aro and Chief Cairnduff reviewed a call incident that occurred in the City of Fenton that
resulted in the Fire Department, Police Department, and City EMS services working together in order to
produce a life saving outcome. Cairnduff presented Lieutenant Nick Will and Firefighters Josh Sturgis,
Matt Hadfield, and Mike Johnson with the Departmental CPR Save award. Chief Aro presented
Patrolman Roger Ellis III with the Departmental Lifesaving Award. Everyone present highly
commended the employees for their outstanding efforts.
CITY MANAGER’S REPORT
Markland expressed his gratitude for all of the work the employees did to provide a positive outcome for the emergency situation.
Markland stated that there is possible grant funding available for the City’s Streetscape project and the City appears to be a good candidate for it. Markland also attended the public informational meetings concerning the Streetscape project.
Markland conducted a public speaking engagement for the Fenton Chamber of Commerce at their Forecast Breakfast. Markland also stated that the Fire Department was featured in a story by Channel 7 in Detroit concerning the recent ice rescue that took place.
COUNCIL MEMBER COMMENTS
Piacentini stated that he felt it took too long for the debate concerning the new wayfinding signs provided by the DDA to be rectified. Piacentini felt that this was a positive endeavor that turned negative and it is a shame.
Lockwood stated that she attended the Genesee County Metropolitan Planning Alliance last week and there was quite a lot of discussion concerning shared services. Lockwood added that she is grateful that Markland stays on top of grant funding opportunities. Lockwood updated the Council that the Holiday Lighting Committee has met and are trying to develop a plan to move forward. In closing, Lockwood stated that the Palace of Auburn Hills provided an opportunity to recognize the City of Fenton for their efforts by providing tickets to a Pistons Game. Lockwood stated that pictures of areas around the City will be shown during the game to showcase the community and added that one of the elements recognized was the bullying program at Lake Fenton Schools.
King stated that the Loose Center has placed a large storage unit up and the Center will be collecting items to hold a rummage sale as a fundraiser. King stated that the Loose employees and volunteers are great and are working hard to keep the Center moving forward.
LEGAL COUNSEL COMMENTS
Schultz stated that he has been very busy dealing with collective bargaining issues. Schultz also stated that he has been working with two other attorneys to draft language to aid in the replacement revenue for Personal Property Tax if it is lost. Schultz added that there has been a lot of discussion and activity on this topic.
MAYOR’S COMMENTS
Osborn thanked Lockwood for providing an opportunity for the employees of the City of Fenton to be recognized by attending a Detroit Pistons Game and added that she is so grateful for all of the work that the employees do to keep the City running great. Osborn also stated that she is glad to see that the Loose center is progressing after the fire.
CITIZENS COMMENTS – None.
CONSENT AGENDA
Osborn reviewed all items that were on the Consent Agenda. A motion was made by Lockwood and
seconded by Jacob to approve the consent agenda containing the following items:
· Council approve and place on file the minutes of the January 3, 2012 Work Session.
· Council authorize payment of invoices in the amount of $85,049.99.
· Approve and place on file the minutes of November 10, 2011 Cemetery Board meeting, the November 17, 2011 Zoning Board of Appeals meeting, and the November 22, 2011 Planning Commission meeting, a public hearing notice for the Gas customers of Consumers Energy for February 1, 2012, and a public hearing notice for the Natural Gas customers of Consumers Energy for February 1, 2012
· Accept the resignation of Jodi Pampreen from the Parks and Recreation Board.
· Approve the Mayor’s appointments for the Holiday Lighting Committee for Jon Gerych, Dee Dickens, Les Beare, Steven West, Shelly Day, and Jake Tajman.
· Approve for the Fenton High School Athletic Department to conduct a 5K Run on May 19, 2012.
YEAS: Jacob, King, Lockwood, Osborn, Piacentini, Smith.
NAYS: None.
ABSENT: Bland. Motion carried by roll call vote.
RESOLUTION NO. 12-02
Aro reviewed the request of Rrok Dedivanaj to transfer a Class C Liquor License from Galley O’Malley LLC to himself for the property located on the site of O’Malley’s Galley. Aro further stated that Mr. Dedivanaj would like to open a Boston Gourmet Pizza franchise at the location. Aro did not recommend approval by the Council on the question due to some information that was revealed in the background investigation.
Smith confirmed that the family does not run any other businesses with a liquor license. Lockwood stated her support for the applicant citing that the State has the authority to revoke the license at any time. Lockwood further stated that the applicant has been sincere and respectful throughout this process and this would be a good opportunity to get a business started in an otherwise vacant building and provide some employment opportunities to the community. Lockwood also expressed her confidence that the Police Department would correctly enforce any situation that may arise. Piacentini confirmed that the City would have some input to the Liquor Control Commission if acts are committed that would require revocation. Osborn stated that she respected the opinion of Aro. Smith stated that he could not support this item; however, he suggested that Mr. Dedivanaj seek out a partner for the business. King questioned if the City could revoke the license on their own. Schultz stated that the license is subject to annual review and removal and if it is revoked, due process must be followed before revocation can occur. King confirmed that the Council has always denied these requests if these types if issues are present in the background investigation.
Rrok Dedivanaj, the applicant, addressed the Council and stated that he has been running the Mega Coney Island in town since 2003. Jacob confirmed that the franchise would add potentially 45 employees. Smith stated that he has further objection to the request at this point because Mr. Dedivanaj’s infractions occurred while he was managing another local restaurant in town. Dedivanaj stated that he has done many positive things for the community as well.
A motion was made by Lockwood and seconded by Piacentini to adopt Resolution No. 12-02, which would allow for a Class C Liquor License Transfer for Rrokstar Design, LLC.
YEAS: Lockwood, Piacentini, Jacob.
NAYS: King, Osborn, Smith.
ABSENT: Bland. MOTION FAILED DUE TO A TIE VOTE.
The Council agreed to revisit this question when the entire Council was present.
DEMOLITION SERVICES FOR 603 MAIN STREET
Markland reviewed the history of how the City obtained the property at 603 Main Street through the County’s tax reversion process and stated that the structure needs to come down due to health and safety risks. Piacentini confirmed that this endeavor was not budgeted for; however, Markland stated that the City can sell the property for a price that would cover the cost of the demolition. Smith confirmed that the bid specifications were complete. Markland further stated that the City has conducted due diligence and that asbestos has been removed from the property as well as power and gas lines.
A motion was made by Lockwood and seconded by Jacob to approve the bid of Newirth Construction to demolish the structure located at 603 Main Street, Fenton, Michigan, for a cost not to exceed $10,300. Motion carried by voice vote.
ELEVATOR MAINTENANCE SERVICE CONTRACT
Burns reviewed the need to bid out maintenance services for the elevator at the Library in an effort to seek out some cost savings for the City. King confirmed that everyone who submitted a bid for this contract was bidding on the same services. Lockwood confirmed that the City’s existing contractor, Schindler, was extended the opportunity to bid. Burns added that some of the companies quoted pricing on a monthly basis and some bid on a quarterly basis, depending on how they run their business.
A motion was made by Smith and seconded by Jacob to approve the agreement with Great Lakes Elevator, of Williamston, Michigan, to provide elevator maintenance to the Jack Winegarden Library elevator for a cost not to exceed $50 per quarter for a period of three years. Motion carried by voice vote.
STREETSCAPE DESIGN ENGINEERING AND PUBLIC RELATIONS PLAN
A motion was made by Osborn and seconded by King to table the Streetscape design engineering and public relations plan until after it has been discussed at the February 2012 Council Work Session. Motion carried by voice vote.
CALL TO THE AUDIENCE
Cherie Smith stated that she is thankful that Fenton has a local dispatch center; otherwise the citizen that was aided recently may have had a different outcome.
CLOSED SESSION
A motion was made by Osborn and seconded by King to enter into Closed Session for the purpose of discussing collective bargaining.
YEAS: King, Lockwood, Osborn, Piacentini, Smith, Jacob.
NAYS: None.
ABSENT: Bland. Motion carried by roll call vote. Council recessed to Closed Session at 8:30 PM.
RECONVENE TO OPEN SESSION
Council reconvened to Open Session at 8:56 PM.
Meeting adjourned at 8:57 PM.
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Mayor Sue Osborn City Clerk, Jennifer Naismith