Flushing City Council
Minutes
September 8, 2008
A Regular Meeting of the Flushing City Council was called to order on Monday, September 8, 2008 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
Mark F. Brock
John C. Gault
Janice L. Gensel
George G. Kozan
Teresa K. Salem
Michael T. Szukhent
Absent: None
Others Present: Dennis J. Bow, City Manager
Marlene C. Stone, Deputy Clerk
Edward G. Henneke, City Attorney
Addition to Agenda – Motion by Gault, seconded by Brock, to add Flushing High School Homecoming Parade to the agenda.
Yea: Bade, Brock, Gault, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Approval of Agenda - Motion by Szukhent, seconded by Gault, to approve the September 8, 2008 agenda, as amended.
Yea: Bade, Brock, Gault, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
MEETING
OPEN TO THE PUBLIC:
Elva Cook, 1459 Flushing Road,
addressed City Council.
Consent Agenda - Motion by Gault, seconded by Salem, to approve City Council Minutes (August 11, 2008 Regular Meeting), City Council Minutes (July 14, 2008 Closed Session), and September 8, 2008 Council Bills List.
Yea: Bade, Brock, Gault, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Flushing City Council
Minutes
September 8, 2008
Page Two
PUBLIC HEARING:
2008 Water Rates - In accordance with the City of Flushing Water Ordinance Section 53.60, Water charges, water charges shall be set by Resolution of the Flushing City Council after a public hearing has been concluded. Accordingly, in June 2008, city administration was notified of a pending water rate increase that will become effective as of September 1, 2008. That notice indicated that the City of Detroit would be raising rates through the City of Flint contract and through the Genesee County contract in the amount of 15.9%. In addition, Genesee County has also proposed increases for both the Readiness to Serve and the Commodity rate.
In May 2000, the City of Flushing modified its user charge system for water rates by breaking down the fixed costs of our system and the variable costs associated with water purchases. The city’s annual Readiness to Serve charge is proposed to be increased from $22.50 per quarter to $30.00. The variable cost increase that is being charged by the City of Detroit, the City of Flint and Genesee County, cannot be absorbed by the city’s current rate structure. The rate structure for variable charges was set at $3.83 per thousand gallons in June of 2007. That charge will need to be adjusted, as the result of the proposed changes. The variable charge is proposed to be increased from $3.83 per thousand to $4.93.
No allowance for capital improvements or re-payment of the debt owed to the general fund is included in this rate.
The Mayor opened the public hearing to the audience.
Elva Cook, 1459 Flushing Road, addressed City Council.
The Mayor closed the public hearing.
COMMUNICATIONS:
Michigan Municipal League (MML) – Designation of Voting Delegate and Alternate – Motion by Gault, seconded by Salem, to designate Mayor Gensel as voting delegate and City Manager Dennis Bow as alternate to the annual MML meeting, October 2, 2008.
Yea: Bade, Brock, Gault, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Flushing City Council
Minutes
September 8, 2008
Page Three
Don Drum – Request for Ordinance Amendment – Motion by Bade, seconded by Kozan, to refer Mr. Drum’s request, to consider 712 Main Street for Residential and/or Mixed Residential/Office use, to the Planning Commission for their consideration.
Yea: Bade, Brock, Gault, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Flushing Senior High School Student Council – Request to Hold Annual Homecoming Parade (October 10, 2008) – Motion by Szukhent, seconded by Salem, to approve Flushing Senior High School’s Student Council request to hold their annual homecoming parade on Friday, October 10, 2008, at 5:30 p.m.
Yea: Bade, Brock, Gault, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
REPORTS:
Leaf Collection Equipment Rental - Motion by Szukhent, seconded by Bade, to approve the rental of a 25-cubic yard rear loading garbage collection truck, for the 2008 leaf collection, from Bell Equipment Company, in the amount of $6,000.00 per month.
Yea: Bade, Brock, Gault, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
2008 Water Rates – With the conclusion of the Public Hearing to set water rates that are sufficient to recover current costs of water purchases, labor, supplies, and depreciation, and in accordance with the City of Flushing Water Ordinance Section 53.60, Water charges, water charges shall be set by Resolution of the Flushing City Council after a public hearing has been concluded.
The city’s annual Readiness to Serve charge is proposed to be increased from $22.50 per quarter to $30.00 and the variable charge is proposed to be increased from $3.83 per thousand to $4.93.
Flushing City Council
Minutes
September 8, 2008
Page Four
Motion by Bade, seconded by Gault, to adopt Resolution Establishing Water Rates No. 08-0908, modifying the water usage charge of $3.83 per thousand gallons to $4.93 per thousand gallons, and to adjust the Readiness to Serve charge from $22.50 per quarter to $30.00.
Yea: Bade, Brock, Gault, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Police
Chief Contract - Chief Hoornstra
has requested an Employment Agreement, which would specify terms of his
employment with the city, which addresses issues that are specifically
pertaining to his position.
This agreement would allow the chief to be
provided with a Defined Contribution Plan, versus the Defined Benefit Plan that
is provided to other employees. This
change will need to be approved by the Municipal Employees’ Retirement System
(MERS), and the benefit would be identical to that plan provided to new
employees.
The vacation schedule would allow for three
(3) weeks of paid vacation through to April 17, 2016 and, thereafter, be four
(4) weeks of paid vacation.
The agreement restates that the chief will be
covered under the city’s liability protection program, which provides legal
representation to the chief for litigation arising out of the lawful
performance of his duties.
A new termination provision provides for
continuance of life, optical and dental insurance, and a severance clause, in
the event that the termination is for “no cause.” In addition, the chief would be required to give sixty (60) days
notice, in writing, in order to terminate the agreement.
Assuming the chief is not terminated for a
“no cause” condition, the costs in benefits provided through this contract
should not create any additional burden on the city. The liability protection, although already in place, will provide
assurance that the chief will not be injured, in the event of a lawsuit, when
acting in the lawful performance of his duties.
Motion by Bade, seconded by Gault, to approve the Employment Agreement between the City of Flushing and Mark Hoornstra, Chief of Police.
Yea: Bade, Brock, Gault, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Flushing City Council
Minutes
September 8, 2008
Page Five
BID/AWARD
PURCHASES:
Roofing – 309 E. Main Street - Motion by Salem, seconded by Gault, to award the restoration of the shed-style roof at the rear of the building located at 309 E. Main Street, to Tom Staley Custom Builder, Inc., in the amount of $5,969.00, plus $60.00/each to replace rafters, as needed.
Yea: Bade, Brock, Gault, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Demolition – 323 E. Main Street - Motion by Brock, seconded by Gault, to
award the demolition and removal of the 26’ x 20’ east section of the structure
at 323 E. Main Street, to Lucius Builders, Inc., in an amount not to exceed
$8,725.00.
Yea: Bade, Brock, Gault, Kozan, Salem, Gensel
Nay: Szukhent
Motion Carried.
Generator – City Hall/Police Department - Motion by Szukhent, seconded by Salem, to
award the bid for the materials and installation of an electrical generating
system, to serve the City Hall/Police Department, to Gould Electric, Inc., in
an amount not to exceed $34,000.00.
Yea: Bade, Brock, Gault, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Closed
Session:
Labor Negotiations – Motion by Szukhent, seconded by Bade, to go into closed session under the Open Meetings Act compiled laws 15.268(c), to consider negotiations on a collective bargaining agreement.
Yea: Bade, Brock, Gault, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Purchase of Real Estate – Motion by Szukhent, seconded by Bade, that, pursuant to the Open Meetings Act compiled laws 15.268(d), to go into closed session to consider the purchase or lease of real property, or the option to purchase or lease real property.
Yea: Bade, Brock, Gault, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Flushing City Council
Minutes
September 8, 2008
Page Six
Adjourn: 8:13 p.m.
Reconvene: 9:40 p.m.
Adjournment - Motion by Szukhent, seconded by Brock, to adjourn.
Yea: Bade, Brock, Gault, Kozan, Salem, Szukhent, Gensel
Nay: None
Motion Carried.
Adjourn: 9:40 p.m.
_____________________________ ______________________________
Janice L. Gensel, Mayor Nancy G. Parks, City Clerk/Treasurer