City of Flushing
Minutes
A Regular Meeting of the Flushing City Council was called to order on Monday, October 14, 2002 at 7:30 p.m. by Mayor Janice L. Gensel, followed by the Pledge of Allegiance to the Flag and invocation.
Present: Richard L. Bade
John C. Gault
Janice L. Gensel
Chris A. Girard
Jay E. Johnson
Teresa K. Salem
Michael T. Szukhent
Absent: None
Others Present: Dennis J. Bow, City Manager
Nancy G. Parks, City Clerk/Treasurer
Edward G. Henneke, City Attorney
Addition to Agenda – Motion by Johnson, seconded by Szukhent, to add C-2 Cemetery Committee report to the agenda.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Approval of Agenda – Motion by Szukhent, seconded by Girard, to approve the October 14, 2002 agenda as amended.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
MEETING OPEN TO THE PUBLIC:
The following individuals addressed City Council: Elva Cook and Glen LeFeber
PRESENTATIONS:
2001-2002 Audit – Brian Ross and Angela Stevens, representing BKR Dupuis & Ryden reviewed the city’s 2001-2002 audit. A financial overview of the General Fund showed an increase of General Fund revenues of 1.7%. General Fund expenditures increased by $310,187.00, the majority of the increase is attributable to the purchase of real estate and related expenses. The Water and Sewer funds experienced a combined operating loss of $144,489.00. Rate adjustments were recommended by the auditors.
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2001-2002 Audit – Motion by Szukhent, seconded by Bade, to accept the 2001-2002 financial audit as presented.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Judge Weiss – Motion by Szukhent, seconded by Bade, to suspend the Council Rules to allow Judge Weiss to address the Council and audience.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Consent Agenda – Motion by Szukhent, seconded by Johnson, to approve the consent agenda: City Council Minutes (September 23, 2002 Regular Meeting), City Council Minutes (September 23, 2002 Closed Session), and October 14, 2002 Council Bills List.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
PUBLIC
HEARINGS:
Telecommunications Ordinance – Public Act 48 of 2002 was recently enacted as the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (METRO Act). This Act is intended to accelerate the deployment of broadband internet connections throughout the State. Although the Act allows municipalities to postpone their decision to adopt the ordinance until December 31, 2003, provisions of the Act may require the city to begin administrative functions (processing permits) immediately after the November 1, 2002 effective date.
The Act provides for a new system of issuing permits and assessing fees to telecommunication companies, including those companies that currently are “grandfathered” from the requirements of the previous Telecommunications Act, such as Ameritech and Verizon. The new fees structure would distribute about $25-30 million dollars per year, of which 75% will be distributed to cities and villages using the same formula that is used to distribute State highway funds. These fees may only be used by municipalities for right-of-way purposes.
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Adoption of the ordinance represents an election to “opt-in” to the provisions of the METRO Act and accepts the distribution formula for right-of-way fees. If the city does not adopt this ordinance, it can continue to enforce the existing permit agreements with providers, but this may open the door to a challenge by providers pertaining to the city’s authority to enter into new agreements or renew existing agreements when they expire.
The Mayor opened the public hearing to the audience.
Ron Vanhoose, 210 N. Beech Street, asked that Council not give any exclusive franchises to existing companies. This would keep other broadband suppliers from being able to come in.
The Mayor closed the public hearing to the audience.
REPORTS:
State of Michigan Auction – Motion by Girard, seconded by Szukhent, to dispose of two 1998 Ford Crown Victoria’s at the October 26, 2002 Michigan State Vehicle Auction.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Cemetery Committee – The Cemetery Committee, consisting of Councilpersons Johnson, Bade and Szukhent, reported on their analysis of the cemetery fund revenues and expenditures. The cemetery operates at a deficit and the committee discussed increasing rates, adding to the perpetual care fund and the township’s involvement.
They suggested a rate increase of $400.00 per grave for residents and $800.00 per grave for non-residents. They also recommended that 50% of the annual revenues be allocated to the perpetual care fund. The remaining 50% of revenues would be allocated to offset expenditures. They suggested that township residents would be considered as residents if the township would bear 50% of any deficit of revenues over expenditures. If the township should decide not to continue their relationship with the city, township residents would then be considered non-residents and pay the higher fee.
The committee requested that the attorney amend the cemetery ordinance which will be presented at the next meeting.
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Cemetery Sales – Motion by Johnson, seconded by Szukhent, to freeze the sale of cemetery lots, except for cases of actual death, until the cemetery ordinance is amended.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
ITEMS
FOR FUTURE PUBLIC HEARINGS:
Community Development Block Grant Funds – Motion by Szukhent, seconded by Bade, to set a public hearing on Community Development Block Grant funds for October 28, 2002 at 7:30 p.m. at City Hall, 309 E. Main Street, Flushing, Michigan.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
ORDINANCES:
Telecommunications Ordinance – Motion by Szukhent, seconded by Gault, to move the Telecommunications Ordinance to first reading and to adopt resolution number 1014-02, a resolution to implement the city telecommunication ordinance in accordance with the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, Act No. 48 of the Michigan Public Acts of 2002.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
APPOINTMENTS:
Parks, Recreation, Environmental and Beautification Committee – Motion by Gault, seconded by Szukhent, to appoint Richard Langtry to the Parks, Recreation, Environmental and Beautification Committee to fill the vacancy resulting from the resignation of Margaret Meehle.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
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Closed Session – Pending Litigation – Motion by Szukhent, seconded by Girard, that pursuant to the Open Meetings Act, Council go into a closed session to consult with our attorney regarding trial or settlement strategies in connection with the case entitled “in the matter of the estate of Elizabeth Stankwicz deceased” as an open meeting could be detrimental financially to the City in litigation settlement position.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Real Estate – Motion by Szukhent, seconded by Bade, pursuant to the Open Meeting Act compiled laws 15.268(d) to go into closed session to consider the purchase or lease or real property and to consider the option to purchase or lease real estate.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Adjourn: 8:50 p.m.
Reconvene: 9:27 p.m.
Real Estate – Motion by Gault, seconded by Bade, to direct the City Manager to proceed as indicated to him in closed session.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Adjourn – Motion by Szukhent, seconded by Johnson, to adjourn.
Yea: Bade, Gault, Girard, Johnson, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Adjourn: 9:28 p.m.
_____________________________ ______________________________
Janice L. Gensel, Mayor Nancy G. Parks, City Clerk/Treasurer