CITY OF LINDEN

Minutes for City Council Regular Meeting

Held at 7pm on Monday, February 22, 2016

CALL TO ORDER

The meeting was called to order at 7pm by Mayor David Lossing. The meeting was held in the Council Chambers on the lower level of the Mill Building at 201 N. Main Street, Linden, Michigan.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance to the American Flag was recited by all present. A moment of silence in memory of those who have served on behalf of the United States was observed by all.

ROLL CALL

Present: Mayor David Lossing, Ray Culbert, Ed Ciesielski, Brad Dick, Danielle Cusson, Charlie Ross, and Heather MacDermaid

Absent: None

Others Present: Paul Zelenak, City Manager, and Chuck McKone, Attorney

Motion by Lossing, second by Dick, to appoint Heather MacDermaid to the vacant seat on City Council for the remainder of the term, November 2016. Motion carried.

City Clerk issued the Oath of Office to newly appointed City Councilor Heather MacDermaid.

MINUTES

Motion by Culbert, second by Cusson, to approve the minutes of the February 8, 2016 Regular City Council Meeting. Motion carried.

PUBLIC HEARING/PRESENTATION

(A) Audit Report Presentation by Rana Emmons of PSLZ LLP

Mrs. Emmons thanked City Manager Paul Zelenak and Bev Vondra and staff for working with her during the audit. Currently have a 39% fund balance. Mrs. Emmons gave an overview of the audit for the fiscal year ending June 30, 2015.

Motion by Culbert, second by Dick, to accept the 2015 fiscal year budget as presented by Mrs. Rana Emmons. Motion carried.

CORRESPONDENCE

Mayor noted the receipt of the following correspondence items;

A. Discussion of Beacon & Bridge Final Assessment Report

Zelenak – Gave an overview of the Beacon & Bridge Final Assessment Report. B & B are responsible for the clean-up. There are a few ways they can clean-up the material. 1. Treating the leak with biochemical into the ground. 2. Pumping water into the ground and filtering. 3. Leave it in the ground. In about 45-60 days we will know what the next steps are.

McKone – Paul really hit the nail on the head. Follow the current law suits that in court now. The report has a very small part about the clean-up.

Ross – MDEQ considers this sufficient? We can always join one of the law suits and other citizens might get involved too.

Ciesielski – I read about 48 pages. B & B feel not responsible for Union Block? Zelenak – There site, the corner, Jack's place and Opera House. They are claiming 3 prior releases it's not from them.

Ciesielski – MDEQ do we believe what their saying? What do we do to protect Union Block and Kevin Begola?

Zelenak – I think they would want us to follow in a lawsuit. I think the MDEQ is really going to push them to clean-up.

Culbert – B & B can claim anything. My confidence with the MDEQ is not the highest at this time. We need to protect our interest and our citizens. Have our engineers to look over the report. We need to stay on top of this.

Cusson – I think they will hold B & B to a high standard. It is a very specialized area. I hate to spend a lot of money to have someone read the report until the MDEQ states what is going to be done. The current lawsuits we need to be involved in. Right now we don't have a voice.

MacDermaid – I tried to read it. Get someone that has a clue to what it says.

Dick – Talk to HRC to see if they have anyone to read this. MDEQ are trying to save themselves.

McKone – Amending the Ordinance to the City's Water System. Not drilling a well in the contaminated areas and expand it a block or so.

CITIZENS COMMENTS

None

CONSENT AGENDA

None

OLD BUSINESS

None

NEW BUSINESS

None

CITY MANAGER’S REPORT

City Manager, Paul Zelenak reported on:

B&B Gas Station FAR: As you already know the Beacon and Bridge Final Assessment Report has been filed with the DEQ. I supplied each of you with a copy last week. This report will be reviewed by the DEQ over the next couple of months. They will advise B&B as to their findings and how they must remediate the gas station leak that was discovered. I have not reviewed the complete 300-page report. However based upon their findings I did interpret the report to indicate that B&B is proposing to eliminate the potential exposure associated with the drinking water, ground water, and air inhalation and LNAPL exposure by LNAPL Sorption and Enhanced Bioremediation with follow-up soil and ground water monitoring and controls. Which basically means that they will be treating the underground contaminants with some sort of chemical injected into the area and removed using a filtration system on site. They will conduct continuous monitoring of air, water and ground while the work is being performed.

I will provide you with further information as it becomes available.

2016-2017 Budget: At our last City Council Meeting I passed out our proposed schedule for this year. Please notice the April 20th Budget Work Session. This will take place on a Wednesday Evening at 6pm just as last year. We will bring in a light dinner for Council Members.

MML Capitol Conference: Please make sure that you notify our office if you plan on attending this year’s Capitol Conference. We need to make arrangements as soon as possible.

CITY ATTORNEY’S REPORT

None

DEPARTMENT REPORTS

None

COUNCIL COMMENTS AND REPORTS

Culbert – SLP&R meeting and met with Vic Lukasavitz about LAFF bike trail. We will bring back to City Council.

MacDermaid – Thank you. Happy to be appointed.

Ciesielski – Welcome Heather. Thanks Paul and staff for a great audit.

Cusson – Welcome Heather. It is nice to have another female on Council.

FINANCIAL REPORTS

Motion by Ciesielski, second by Culbert, to approve accounts payable in the amount of $316,789.02. Motion carried by full yea vote.

YEAS: Dick, MacDermaid, Lossing, Ciesielski, Culbert, Cusson, Ross

NAYS: None

ABSENT: None

ADJOURNMENT

The meeting was adjourned at 7:48pm

Respectfully Submitted,

______Approved: ______

Lynn M. Henry, City Clerk

City of Linden Minutes for February 22, 2016Page 3