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CITY OF FENTON COUNCIL PROCEEDINGS

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					                                                                           Council Proceedings
                                                                                May 27, 2008
                                                                                        Page 1

                  CITY OF FENTON COUNCIL PROCEEDINGS
                             Tuesday, May 27, 2008
                          City Hall Council Chambers
                             301 South Leroy Street

Mayor Osborn called the meeting to order at 7:30 PM.

The invocation was offered by Pastor Josh Hoover of St. Jude’s Episcopal Church of
Fenton, followed by the Pledge of Allegiance.

Present:       Faricy, Hammond, King, Moffitt, North, Osborn, Rauch.
Absent:        None.
Others Present:        Richard Aro, Interim City Manager; Jonathan Booth, HRC; Sally
                       Duffy, HRC; Patricia Lockwood, Fenton Freedom Festival
                       Chairman.

CITY MANAGER APPOINTMENT
         Mayor Osborn reported she had completed negotiations with Lynn Markland for
the position of City Manager. The basic contract language remains unchanged from the
former manager’s contract. Osborn noted however that the annual salary agreed upon is
$88,500.00, twenty days vacation immediately, a $350.00 monthly car allowance in lieu
of a city vehicle, up to $2000.00 in moving expenses, and a start date of July 14, 2008.
Other benefits remain consistent with the other exempt administration. Mr. Markland has
also agreed to begin working without an assistant manager or a secretary.
         Faricy expressed his concern over voting on the agreement without having first
reviewed a copy. He felt it was incumbent on the Council to be well informed.
         Moffitt felt the annual wage was too high to start. Faricy explained that when
looking at other communities this size, the salaries are often much higher than this. The
committee chose a high quality candidate and should pay a competitive wage.
         Hammond pointed out that Council should look at the quality of the candidate
and then negotiate accordingly. Mr. Markland come to Fenton highly recommended with
twenty one years of experience.
         Moved by Hammond, seconded by Faricy to appoint Lynn Markland as the
Fenton City Manager and authorize the Mayor and the City Clerk to execute the
necessary documents.
Yeas:            North, Osborn, Rauch, Faricy, Hammond, King, Moffitt.
Nays:            None.
Absent:          None. Motion carried.

MINUTES
       Moved by King, seconded by North to approve the minutes of the May 5, 2008
work session and the May 12, 2008 regular meeting as written. Motion carried by voice
vote.
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                                                                                  May 27, 2008
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ACCOUNTS PAYABLE
       Moved by Faricy, seconded by Moffitt to authorize payment of invoices in the
amount of $104,993.38.
Yeas:         Osborn, Rauch, Faricy, Hammond, King, Moffitt, North.
Nays:         None.
Absent:       None. Motion carried.

CORRESPONDENCE, MINUTES & REPORTS
    Moved by Rauch, seconded by North, to place on file the following minutes:
        Minutes of the April 15, 2008 Downtown Development Authority
          meeting.
        Minutes of the April 24, 2008 Planning Commission meeting.
    Motion carried by voice vote.

SANITARY SEWER SYSTEM IMPROVEMENTS – Public Hearing
        Jonathan Booth explained that this public hearing satisfies a state requirement for
the SRF loan which originally was applied for in June of 2005. At that time the State
asked that it be put on hold until additional information was gathered. He noted that the
interest rate on the loan is 2.5%. He then turned the discussion over to Sally Duffy, of
HRC, who proceeded to give some background and a project overview. She further
discussed the need for improvements, noting there are 86 areas in need of repair. There
were six areas which appear to have storm sewers discharging into the sanitary sewer
system. These improvements will eliminate approximately 13 million gallons of clear
water from the system, saving the cost of sewage treatment. Improvements will also
include the upgrade and repair of the City’s pump stations, five of whic h were deemed to
have exceeded their useful life. If the SRF low interest loan is secured, the result would
be an additional $5.00 quarterly capital charge for sewer customers.
        At this time the public hearing was opened.
        Paul Ellingson, 909 W. Shiawassee, reported he has had repeated sewer problems
over many years. He felt these problems were due to the sewer design and requested that
it be addressed and repaired. Aro will look into this issue.
        Pat Lockwood, 901 Newport, was present on behalf of the Briarwood/Newport
subdivision. She reported there have been backups in several patio drains and inside their
homes due to excessive rainfall. Ms. Duffy explained these drains are located on private
property and the City has no authority to make those repairs. The Briarwood subdivision
problems will be addressed through pump station repairs. Booth also noted the I&I
studies did not show large volumes of clean water entering the sanitary system in that
area. HRC will look at pump station records and perform additional dye testing.
        Hearing nothing further from the audience, the public hearing was closed.
        A resolution of final adoption of the project plan will be brought before Council at
the June 23, 2008 meeting.

SIGNATORY RESOLUTION NO. 08-07
       Moved by Rauch, seconded by Hammond to adopt Resolution No. 08-07
authorizing the Acting City Manager and the City Clerk to execute and sign MDOT
                                                                             Council Proceedings
                                                                                  May 27, 2008
                                                                                          Page 3

Contract No. 08-5224 for signal modification work at the North Leroy and CNR/GTW
railroad tracks.
Yeas:            Rauch, Faricy, Hammond, King, Moffitt, North, Osborn.
Nays:            None.
Absent:          None. Resolution declared adopted.

RESOLUTION NO. 08-08 – CMAQ
        This is a resolution in support of an application to the Federal Highway
Administration Congestion Mitigation/Air Quality Improvement Program. Aro reported
that the original project plan was designed to improve the timing of traffic signals on
Shiawassee and Owen Road to Jennings Road at a cost of $38,500. When submitted,
Genesee County was impressed by the project and proposed additional improvements and
upgrades. With these proposed enhancements to the project, the cost will increase to
approximately $865,000.00 which is 100% fundable, however, the City would be
responsible for all engineering fees of approximately $180,000.
        Booth explained in order to proceed with this project, this resolution of support
must be adopted.
        Osborn stated her opinion that this is an excellent opportunity to make these
improvements and help to reduce fuel consumption and air pollution.
        Faricy felt that $180,000 was too much, noting that the City’s financial forecast
may be more stretched in coming years. He suggested that the Rounds Drive
improvements be deferred and the cost savings be applied to offset these project costs.
        Since the project is in the DDA district, Osborn will look into possible funding
assistance.
        King reported that the City of Ann Arbor has changed their streetlights to LED
which has resulted in a tremendous cost savings.
        Moffitt asked if the City could pull out if the money could not be found for the
engineering fees. Booth explained that Genesee County has to also receive approvals on
their end before Fenton is locked in.
        Moved by Rauch, seconded by North to adopt Resolution No. 08-08 in support of
the Federal Congestion Mitigation/Air Quality grant application.
Yeas:           Hammond, King, Moffitt, North, Osborn, Rauch.
Nays:           Faricy.
Absent:         None. Resolution declared adopted.

RESOLUTION NO. 08-09
        This is a resolution in support of the 2008 Local Bridge Program Funding
Application and to actively seek Federal and State participation in the replacement of the
Silver Lake Road Bridge over the Shiawassee River.
        Aro reported the most recent inspection of the Silver Lake Road bridge revealed
additional deterioration of the beams and the deck shows a greater decline than expected.
HRC has requested that the bridge be submitted to the Critical Bridge Program for
replacement.
        Booth reviewed the state’s bridge inspection requirements. He reported that last
year’s sufficiency rating was 30 indicating the need for replacement. With this most
recent inspection reported, a load posting will most likely need to be placed on the
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                                                                                  May 27, 2008
                                                                                          Page 4

bridge. The load calculation in the past has been 82 tons, but this year it has been
reduced to 72 tons. The estimated replacement cost in 2010 dollars is $1.32 million, 95%
of which is federally funded, but the engineering fees are not. HRC is looking for
approval to proceed with the application. This resolution must be adopted and submitted
with the application by June 2, 2008.
        Faricy felt the City’s attorney should notify the State that the City took over the
road without full knowledge of it’s lack of maintenance and therefore can’t accept the
responsibility. Booth reported that he and the former city manager have had discussions
with the State regarding the condition of the bridge. He will follow up with Senyko for a
progress report.
        Moved by Faricy, seconded by Rauch to adopt Resolution No. 08-09 in support of
the 2008 Federal & State Local Bridge Funding application for the replacement of the
Silver Lake Road Bridge over the Shiawassee River.
Yeas:           Hammond, King, Moffitt, North, Osborn, Rauch, Faricy.
Nays:           None.
Absent:         None. Resolution declared adopted.

DDA REVENUE SHARING AGREEMENT
        Moved by King, seconded by North to approve the proposed agreement to share
captured assessed value between the City of Fenton Downtown Development Authority
and the City of Fenton for Fiscal Year 2008 and authorize the Interim DDA Director to
execute the necessary documents. Motion carried by voice vote.

FENTON FREEDOM FESTIVAL
         Pat Lockwood, Chairman of the Freedom Festival Committee, was present on
behalf of the committee to review the festival schedule of events and obtain permission to
conduct the proposed festival activities. She then reviewed the amended parade route,
which has been adjusted due to the Silver Lake Road construction. Also, the use of
Rackham Park will be placed on the upcoming Parks and Recreation Board agenda.
         Moved by Faricy, seconded by Moffitt to approve the request of the Fenton
Freedom Festival Committee to conduct their 18 th Annual Fenton Freedom Festival and
all related activities. Motion carried by voice vote.

SET PUBLIC HEARING
       Moved by Osborn, seconded by North to set a public hearing for June 23, 2008 on
a proposed amendment to the City of Fenton Local Development Finance Authority
Development Plan and Tax Increment Financing Plan. Motion carried by voice vote.

CALL TO AUDIENCE – None.

ACTING CITY MANAGER’S REPORT
       Aro complimented Hubbel, Roth & Clark on their work on the City’s projects,
noting he is very impressed with there work.
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                                                                           May 27, 2008
                                                                                   Page 5

COUNCIL MEMBER COMMENTS
      Rauch mentioned the invitation to Waste Management’s open house and asked if
any Council members were attending.
      Faricy requested that Schultz review item #6 on the DDA revenue sharing
agreement to confirm it’s accuracy.

LEGAL COUNSEL REPORT – None.

MAYOR’S COMMENTS – None.

Meeting adjourned at 9:56 PM.



______________________________                  ______________________________
Sue Osborn, Mayor                               Melinda Carrier, City Clerk

				
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