Pproval of Employment Agreement

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					                  VILLAGE OF PENTWATER
                            ON PENTWATER LAKE AND LAKE MICHIGAN
                   327 South Hancock Street-P.O. Box 622-Pentwater, Michigan 49449
                                  (231) 869-8301 - FAX (231) 869-5120
                 E-mail: Website:

                          VILLAGE COUNCIL MINUTES
                               December 14, 2009
President Juanita Pierman called the regular meeting of the Pentwater Village Council to
order at 7:00 p.m. in the Pentwater Community Hall meeting room.

Members present: Jay Bryan, Al Docter, Jared Griffis, Don Palmer, Tom Sturr, Marilyn
Sullivan and President Juanita Pierman.
Members absent: None.
PUBLIC COMMENTS-John Cavanaugh, Oceana’s Herald Journal-Asked what
connection and conflict of interest Marilyn Sullivan may or may not have had in the art
work displayed at the top of the Village Green. Marilyn Sullivan stated that she and her
husband Patric represent Roger Smith, who is the artist, in their art gallery. The large
pieces placed at the top of the Village Green are not part of the pieces.

Ted Cuchna-529 Clymer-Asked if any commission had been paid to the Sullivans for the
art work that was on display at the top of the Village Green. Patric Sullivan replied and
said that there has been no commission paid on any of the public art

APPROVAL OF AGENDA-Motion by Marilyn Sullivan, second by Don Palmer to approve the
agenda as presented. Voice Vote. Ayes: All. Nays: None. Motion Carried.

PUBLIC COMMENTS ON AGENDA-Ted Cuchna-529 Clymer, John Cavanaugh-OHJ and
Ken Matteson-116 W. Lowell-Any & All.

APPROVAL OF CONSENT AGENDA: Motion by Tom Sturr, second by Marilyn Sullivan to
approve the consent agenda for the Public Hearing Minutes of November 9, 2009, the Regular
Council Meeting Minutes of November 9, 2009, bills in the amount of $138,364.86. (The check
Register Is an Attachment to the Permanent Record) and the Fire Department bills in the amount
of $ 79,751.91, (The Check Register is an Attachment to the Permanent Record), approval of the
request of the Pentwater Lake Association to use the Village Green on August 12, 2010 for a
Strawberry Shortcake Social and approval of the request of Julie Lamb to use the Village Green
for a wedding on August 28, 2010. Roll Call Vote. Ayes: Docter, Griffis, Palmer, Sturr,
Sullivan and President Pierman. Nays: None. Abstain: Jay Bryan. Motion carried.

that a letter was received on November 12, 2009 from Julie Nelson expressing her
concerns again for the need for a No Parking sign near the circle turn around at Chester
Street Park. Tomczak also reported that Council received a copy of a letter written by
Patric Sullivan regarding a mailing of a copy of pages from the “The Handbook for
Municipal Officials” that both he and Marilyn had received.
                             The Village of Pentwater Is An Equal Opportunity Provider       1

Finance-Chairman Al Docter reported on the Finance Committee Meeting held on
November 19, 2009 for the purpose of reviewing the budget. The Township Sewer Fund has a
major deficiency and action on resolving this will be taken up under New Business.

Ordinance-Marilyn Sullivan reported on the December 11, 2009 Ordinance Committee Meeting.
The redraft of the Transient Merchants Ordinance was reviewed and the Committee approved it
as written with the addition of the words (May 1 through September 30). The ordinance was
given to members of Council for their review and action at the January Council Meeting.

The Downtown Façade Design Guidelines were also reviewed and discussed by Mary Stiphany
and Jim Durand, members of the DDA, the Ordinance Committee and the others present at the
meeting. Village Attorney Gary Nicholson was asked to prepare a draft ordinance for the
Ordinance Committee’s review.

Building and Grounds- No Report.

Personnel-No Report.

Services-Chairman Don Palmer reported on the December 2, 2009 meeting. The Services
Committee approved Clerk Frankie Tomczak’s request to correct the billing items on five utility
customers that would take effect on January 1, 2010 and to resume billing three customers from
thence forward on those who had not been billed due to clerical error. Motion by Palmer, second
by Sullivan to approve correcting the billing items on five utility customers that would take effect
on January 1, 2010 and to resume billing three customers from thence forward on who had not
been billed several times due to clerical error. Roll Call Vote. Aye: All. Nay: None. Motion

Chairman Don Palmer stated that the operating and maintenance expenses along with the interest
and principal payments on the sewer bonds have exceeded the Township Sewer Fund available
cash and a rate increase is necessary. Finance Director Al Ringquist presented three different
schedules to the Committee with a multi tier approach to eliminate a $47,465 cash deficit, raise
rates to cover operation and maintenance and establish a reserve account for capital
improvements. Finance Director Al Ringquist explained how the Township Sewer Fund cash
became a negative and his proposed pay back schedules. Motion by Palmer, second by Sturr to
increase the Township Sewer Rate to $ 220.22 a quarter for the next three years and an additional
$ 90.00 to the Township Sewer customers that empty into the Village sewer system, also for the
next three years. Roll Call Vote. Aye: All. Nay: None. Motion carried.

Promotions-No Report.

Tree Committee– Chairperson Sullivan reported that, due to the generosity of people in the
community, fifty-three trees have been planted to replace those lost in the 2006 wind storm.
Chairman Sullivan noted that a grant in the amount of $ 1,375.00 was recently received. Sullivan
thanked Norm Booth, Linda Osborn and Norma Oly who have worked hard applying for the
grants that have been received. Tom Sturr thanked Ken Matteson for supplying and caring for
the trees that were planted on the Village Green.

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Lake Board-No Report.


Village Manager, Jim Miller-Written Report. Manager Miller also referred to the 2010
Council Meeting Schedule that was prepared for Council approval. Motion by Docter,
second by Bryan to accept the 2010 Council Meeting Schedule as presented. Voice Vote.
Aye: All. Nay: None. Motion carried.

Terry Bartels, Wade Trim- Written Report.

Police Chief Mike Schuitema-Written Report

Fire Chief Terry Cluchey- Written Report. Chief Cluchey reported that there was a very large
turnout for Santa on the Saturday following Thanksgiving on the Village Green.

Zoning Administrator Dean Holub-Written Report.

Marina Manager Dick Hutchings-No Report-Marina Is Closed.


Planning Commission-Chairman Errol Goldman presented and stated that the Master Plan is a
guide, not an ordinance. The three major changes are: 1) creation of an office designation for the
existing doctor and dentist offices on North Hancock St., 2) elimination of the spot commercial
area formerly occupied by the Nickerson Inn on West Lowell St. and 3) recognition of the three
existing multi-family developments on the waterfront. Mr. Goldman said that the Planning
Commission will begin initiating amendments to the Zoning Ordinance to implement the
suggested changes over the next few years. Zoning Administrator Dean Holub illustrated the
major changes on the Master Plan map. It was suggested that the Council review the document
in the interim and be prepared to take action on the Master Plan as presented at its next meeting
on January 11, 2010.

Tom Sturr suggested that the definition of “gross floor area” be reviewed by the Planning
Commission in its review and amendment of the Zoning Ordinance.

DDA-Chairman Jim Durand reported on the meeting held on December 7, 2009. Chairman
Durand said that the Pentwater Look Project was discussed for a good part of the meeting. The
Design Guidelines Review Proposal was passed by the DDA and sent to the Ordinance
Committee for their review. Village Attorney Gary Nicholson has been asked to prepare an
Ordinance for the Design Guidelines Review Process.

Chairman Durand reported that $7,000.00 has been raised from the public for the Boardwalk
Project. Prein & Newhof is applying for three different grants. The project is moving forward
and the DDA is looking at the spring of 2011 as the construction date

ZBA-No Report.


                             The Village of Pentwater Is An Equal Opportunity Provider           3

Approval of Resolution For Designation Of Street Administrator-Village Manager Jim
Miller explained that the resolution is required by the Michigan Department of Transportation
and will be filed with them when passed. Motion by Sturr, second by Griffis to approve the
Resolution For Designation Of Street Administrator naming Village Manager Jim Miller as the
Street Administrator. Voice Vote. Aye: All. Nay: None. Motion carried.

Approval of Police Chief-Motion by Jared Griffis, second by Al Docter to accept the Village
Police Chief Employment Agreement as presented. Discussion. Don Palmer stated that he had
major concerns regarding the process that was used, i.e. Personnel Committee not being used, no
public interviews and no public knowledge thus far of the three people who reviewed the
applications. Palmer reiterated that the process should have been more public. Personnel
Committee Chairman Jared Griffis stated that the former Village Manager felt insecure in the
hiring process and, therefore, referred the decision to the Personnel Committee. Griffis also
stated that the current Village Manager Jim Miller has years of experience and is capable of
making the selection. Griffis said that he was kept well informed of the process that was
properly followed. The Village Manager is responsible for hiring the police chief with the
approval of Council. Griffis said that he feels comfortable that the best candidate has been
selected for the position.

Don Palmer asked Village Manager Miller who the other person was who interviewed the
applicants for police chief. Manager Miller answered that the other interviewer was Ludington
Police Chief Mark Barnett. Don Palmer asked if Mr. Hartrum had been asked whether he would
seek election again as the Mason County Sheriff. Manager Miller stated that Hartrum has not
said whether he would or would not.

Roll Call Vote on the following motion: Motion by Jared Griffis, second by Al Docter to accept
the Village Police Chief Employment Agreement as presented. Aye: Bryan, Docter, Griffis,
Sturr, Sullivan and Pierman. Nay: Palmer-on the process, not on the candidate. Motion carried.

ADJOURNMENT-Motion by Griffis, second by Docter to adjourn. Voice Vote. Aye: All.
Nay: None. Motion carried. President Pierman adjourned the meeting at 8:12 p.m. The next
meeting of the Pentwater Village Council will be held on Monday, January 11, 2010 at
7:00 p.m.

Respectfully submitted,

Frankie Tomczak, Clerk/Treasurer

                            The Village of Pentwater Is An Equal Opportunity Provider            4

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