CITY OF
SOUTH LYON
REGULAR CITY COUNCIL
MEETING
February 11, 2008
Mayor
Doyle called the meeting to order at 7:30 p.m.
Mayor Doyle led those
present in the Pledge of Allegiance to the Flag
PRESENT:
Mayor Doyle
Council Members:
Kivell, Kopkowski, Maida, Morelli, Selden and Wedell
City Manager Cook
Attorney Lee
City Clerk/Treasurer Zemke
Department Heads: Collins,
Renwick and Martin
APPROVAL OF MINUTES:
Councilman Wedell stated
that the Ms. Hanson who spoke under Citizens Suggestions is actually from
Highland, not Brighton
CM 2-1-08- APPROVAL OF
MINUTES – JANUARY 28, 2008
Motion by
Wedell, supported by Morelli
To approve the
minutes of the regular meeting of January 28, 2007 as corrected
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL OF MONTHLY
BILLS:
Council Member Maida inquired about the payment to National City for the City
Manager advertisement. City
Clerk/Treasurer Zemke stated that is actually a payment on the City’s credit
card for placing that ad.
Council Member Maida questioned the payment to HRC for site plans and asked what
site plans these would be. City
Manager Cook stated that these are on-going plans for various projects being
proposed.
Councilman Morelli inquired about the payment for the salt and asked if this is
typical of what we go through in a year.
Superintendent Renwick stated that actually we have gone through more
this year than we have in the past three years.
CM 2-2-08- APPROVAL OF
MONTHLY BILLS
Motion by Selden,
supported by Maida
To approve the
monthly bills as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
CM 2-3-08 – APPROVAL OF
AGENDA
Motion by
Maida, supported by Kopkowski
To approve
the agenda as amended
VOTE:
MOTION CARRIED UNANIMOUSLY
CITIZENS SUGGESTIONS:
Ms. Leann Tolinski of 22600
Sandra stated that she and a few other business owners would like to come to the
next meeting and ask Council to loosen up the temporary sign guidelines.
They would like to put in place less restrictive ways for businesses to
let the public know what is new and what they have to offer and come up with a
way of doing so without detracting from the attractiveness of downtown.
She further asked if this is the appropriate way to put forth their
request or should they start with the Planning Commission.
Mayor Doyle stated that the first step would be Planning Commission.
When ordinance changes such as these are looked at they go through
Planning Commission with a recommendation to Council.
Anyone is welcome to come to Council, but it would be better to start
with them. Discussion was held on
looking at examples from other communities.
Council Member Maida stated
that she invited Patrick Mondro to talk with Council regarding the Business
Assistance Team. Mr. Mondro of
National City located at 200 W. Lake Street stated that they are going to be
having a Business Assistance Team tour.
This is not a National City sponsored tour, but something they started in
Royal Oak in 2003. They go around
to businesses once or twice per year and with an application to let the team of
experts know how to help and come up with a game plan.
The team of 4-5 people visit businesses for
60-70 minutes and it is completely free.
The tour will be February 27th and so far they have 4
interested businesses. The deadline
for the applications is February 18th.
Councilman Kivell stated that his understanding of this is to give
feedback to business owners so they can maximize the benefits of their store.
Mr. Mondro stated that many cities have participated including Novi,
Wixom, and Walled Lake. The
question was asked what the response has been.
Mr. Mondro stated that in Novi they received 31 applications. Some
communities have only 4-5, but he would expect to have approximately 12 in South
Lyon. He further stated that they
will publish a follow-up on what they did and how they helped.
1.
Michigan Municipal League- Service for City Manager Search
Mayor
Doyle stated that we are in the very early stages of finding a suitable
replacement for our City Manager, and Council asked that we have representation
from the MML to explain some of the services available.
Mr.
Bill Richards of the Michigan Municipal League gave a brief introduction of
himself and his credentials for undertaking this assignment.
He is the Assistant City Manager and Personnel Director for the City of
Farmington and has approximately 25 years of municipal management experience.
In addition he is a member of the faculty of the Department of Political
Science at Eastern Michigan University.
He further described his background.
He stated that this would be his 39th assignment as an
executive search facilitator with MML.
He identified the process of the executive search using a qualification
based election system. His role is
to assist in selecting the best possible candidate to match the qualifications
of the community and manage the liability involved with public personnel
selection. He stated that he is
coming into the process later than he usually does.
He typically would be conducting job analysis and use that to develop the
advertisement consulting with Council.
He would be coming in to conduct the resume screening and applying the
qualification based assessment. He
would develop an executive summary of the applications received and would
include a recommendation or a candidate “short list”.
He stated that he would like Council to determine the targeted number of
candidates they would like to interview, typically it is approximately 5.
He would also conduct the reference checking.
However, when talking about reference checking, we are relying on names
provided by the candidate and has limited value.
On the other hand background investigations are a great utility, but
should be limited to only the perspective employee.
This is not a service provided by MML.
He would highly recommend that one be done and he does have sources he
could recommend. Once Council has
approved candidates for interview, he would then contact and schedule those
interviews. Prior to those
interviews, he would provide three documents to Council.
One is an adaptation of a document that the League has used for review
for employment interviewing guidelines, which is a useful document in preparing
for those interviews. The second
document is a draft of questions that are behaviorly anchored based on the
published advertisement and
relevant in bonifed occupational qualifications.
The third document is an assessment form that allows you to score the
candidates during the interview against categories of information.
Its intention is to be an aid to enable you to capture information about
the candidates’ responses and behaviors during the interview.
Although it is not a League service, most of the clients he works with
direct him to ask the questions. It
enables Council to take advantage of his expertise in developing probing
questions. It also enables Council
to observe and evaluate the candidate, which is easier if someone else is asking
the question. He has also seen
Councils ask the questions. It is
the decision of Council. At the end
of the interviews there is a facilitated discussion.
He would recommend that when Council is prepared to make a decision, that
they make a conditional offer of employment so that a background check can be
conducted. If the results are not
to your satisfaction, you can retract that offer.
At the same time as the background check, you can also begin negotiating
the terms and conditions of employment, and again if it is unacceptable, you can
retract the offer. At the end of
the process you may conduct a physical examination and any related tests.
When all of the conditions are satisfied, he would close out the case by
sending notification to all of the applicants.
Councilman Wedell asked Mr. Richards if the advertisement and job description
are adequate in his opinion. Mr.
Richards stated that he has not seen the job description.
He stated that he is confident that it is adequate and ADA compliant.
Often he will find the job descriptions lacking in that area. He further
discussed drafting a job analysis and description.
The advertisement is one that he can work with, but he is always
concerned about well-defined and specific criteria that can be applied via a
matrix. He feels that it can
accomplish what Council is intending to do.
It can be applied consistently and will produce candidates.
Councilman Wedell asked in doing the reference checks, is it only those
individuals identified by the candidate or do you also check with council
members, etc. Mr. Richards stated
that they only contact those identified.
Councilman Wedell asked Mr. Richards if he conducts any interviews to dwindle
down the number of candidates to meet the number of interviews desired by
Council. Mr. Richards stated that
he typically does not. There is
some liability in having an intermediary make a decision that would presumably
eliminate a candidate. There are
other individuals that would have a different view.
He simply applies the criteria of the advertisement and job description
and that will give you candidates and Council can make the determination.
He discussed how the matrix is made.
Councilman Wedell asked the typical length of these types of interviews.
He further asked about the confidentiality that may be requested by
candidates. Mr. Richards stated
that the law says that if they request confidentiality, they are entitled to it
up to the time that you extended them an interview opportunity and they have
accepted it.
Councilman Wedell asked Mr. Richards if we determine to contract with Michigan
Municipal League, is it already determined that he will be our contractor and
asked if the contract would be with him or the League.
Mr. Richards stated that it already has been determined, but the contract
would be with the League.
Councilman Wedell further asked if the costs are negotiated with the League.
Mr. Richards stated that they are all part of the proposal prepared for
the City. He further reviewed the
costs indicating that the first three items listed would not be applicable at
this point and the preliminary reference review would be optional.
Councilman Selden asked if education claims are checked.
Mr. Richards stated that he does not, but that can be included in the
comprehensive background investigation.
However, with his contact with them to set up the interview, he does tell
them that any educational document, diplomas, degrees, professional
certifications, etc. should be brought with them to that interview.
An unofficial transcript or copy of their degree is acceptable to come to
the interview. He stated that he
would recommend doing that be done during that investigation.
He uses Pinkerton for the background checks.
They are professional and they know what they are doing.
They do offer a menu of services versus a package.
Council
Member Maida asked Chief Collins if the background check is something that we
can do. Chief Collins stated that
the Police Department does have experience in conducting investigations similar
to what Mr. Richards is speaking of and in some cases go beyond.
The risk of having the Police Department do the background investigation,
there could be issues having the department do an investigation of their
potential boss. Mr. Richards stated
that the one area that the Police Department may not have the same level of
expertise is in the area of financial background of the individuals.
He further discussed the Fair Credit Reporting Act.
He stated that he feels that it is well worth the $400-$450 it will cost
for the investigation.
Discussion was held on the interview process.
Mr. Richards stated that he will draft the questions in advance and
Council can add, delete or change them.
The other issue would be who will be asking the questions.
He does have Councils that want to ask them and others who do not.
Council
Member Maida stated that she does like the idea of a meet and greet and asked
what that would entail. Mr.
Richards stated that is not part of the League service.
However, once you have an individual that you are considering, that could
be something that could be done. It
is rather infrequent to do that, but it is appropriate.
Councilman Kivell asked Mr. Richards of the 37-38 communities that he has done
this for, how many of those people are still holding their roles.
Mr. Richards stated that he can think of only three instances where the
process did not produce an appointee.
In two instances it was because the Council tried to “low-ball” the
offer. They advertised the salary,
yet offered less. There was one
where it just did not work. He
discussed the need for qualifications as well as “fit” with the community.
Councilman Kivell asked Mr. Richards that in light of the number of communities
in the process of finding a City Manager, how many people he would expect to
apply. Mr. Richards stated that if
this were 2 years ago, he would expect 30+ applicants.
However, it is becoming more challenging as far as recruitment, not
because there are several other communities seeking managers.
What he feels is the issue is the economy and housing market.
He further discussed the effect of the economy on the recruitment.
Discussion was held on South Lyon being a viable community.
Councilman Kivell asked Mr. Richards the likelihood of finding a candidate
interested in an at-will position.
Mr. Richards stated that virtually all public managers understand that their
employment is at-will. Further
discussion was held on at-will positions.
Mr. Richards stated that virtually all managers have employment
agreements, but usually they do have a duration.
Three years is common and some have a rolling feature.
However, they do have an expression of at-will.
He further stated that part of the agreement with the League is the
assistance with the terms and conditions of employment, and he will do that.
However, there is a better person to do that and that is the City’s
attorney. He stated that the City
could be criticized because Bill Richards would be negotiating with a member of
his profession. Further, the
League’s contract calls for a percentage of that salary.
Discussion was held on how Mr. Richards is paid by the League for his
services.
Discussion was held on the need to set a date for interviews.
The question was asked how much lead-time is needed in order to conduct
the interviews. Mr. Richards stated
that after February 22nd we will look to see if there appears to be
the right number of A-band quality applicants.
After that it would take 3-4 days to conduct the analysis.
He explained his process of analysis.
Mr. Richards stated that after that process, the confidential analysis is
sent back to the City, and at that point it is up to Council to determine if
they will just interview the A-band or A and B, etc.
Discussion was held on out-of-state applicants.
Mr. Richards stated that some of the most qualified applicants in recent
applicant-pools have been out-of-state.
He discussed reimbursement of travel expenses for interviewees.
In the past, reimbursement has not been necessary.
However, in more recent times, some of the most qualified applicants have
been lost because of that. He
stated that is a decision Council will have to make, and there are several ways
to handle that. You may want to
consider a two-week notice in order to get discount fares.
Councilman Wedell asked Mr. Richards, considering the fact that the City Manager
community is well-known to each other, do you ever solicit people that he knows
that might fit with the community.
Mr. Richards stated that he has done that on occasion with the permission of the
client community. However, he does
not feel very comfortable in doing that because it lends itself to potential
criticism because he is involved with the selection process.
Mayor
Doyle asked Mr. Richards what he feels is a reasonable expectation from start to
finish. Mr. Richards stated that if
we were starting at the beginning of the process, we would be looking at
approximately 12 weeks. In this
case, assuming we are going to use an applicant pool concluding on February 22nd,
he would assume we could hold interviews as early as March 15th.
He stated that his feeling is that Saturday is the best day to do that
both for the candidates and Council Members given the number of interviews that
will be conducted.
Discussion was held on the break-down in expenses.
Mr. Richards stated that Council can simply indicate which of the
elements they wish. Discussion was
held on out-of-pocket expenses. Mr.
Richards stated that typically that would include mileage, etc.
CM
2-4-08 – MICHIGAN MUNICIPAL LEAGUE – EXECUTIVE SEARCH PROCESS
Motion by
Selden, supported by Morelli
To engage
Michigan Municipal League for the Executive Search Process
VOTE:
MOTION CARRIED UNANIMOUSLY
Councilman Kivell asked Mr. Richards if we interview on March 15th,
what is the typical turn-around from that point.
Mr. Richards stated that after the facilitated selection discussion and a
candidate is identified for a conditional offer of employment, the background
investigation can begin. It usually takes 7-10 days for the investigation and
the negotiations can be done simultaneously.
When those two features are completed, the only thing that remains is a
pre-employment physical. You should
be looking at 2-3 weeks. Mr.
Richards stated that he will reserve March 15th for South Lyon.
Discussion was held on the targeted number of candidates for interview.
Consensus of Council was that five applicants would be an acceptable
number.
2.
Goals & Objectives- City Manager
Councilman Kivell stated that he feels that this is something that we should
officially adopt even if it is unmeasured.
There seems to be some feeling that the principal criterion is the
placement of a manager. This is
generic enough that it works to suit our needs and would be a good gauge to see
what initiative the new manager takes on their own to formulate some of this as
activity in their office while they are learning the ropes. Council Member Maida
stated that it is better to have the information up front.
Councilman Wedell stated that it has been mentioned that there is a dialogue
that should take place on these goals.
What we have here is fine, and then we can add measures and expectations
at a later time when we know who we are talking to.
He would suggest that we leave these on the new City Manager’s desk to
say that these are things that Council is very concerned with.
Councilman Selden stated that he feels that these should be adopted as the
tentative goals and objectives.
However, the most effective goals are developed between the employer and
employee.
Council
Member Maida stated that this is a good outline to be used during the interview
process so that they can see what Council thinks is important.
Councilman Morelli stated that he is fine if these are adopted.
However, once we do have someone hired, we can talk about the
expectations and come up with some measurement.
Further, many of these items indicate “develop a plan”, but once that
plan is adopted, it needs to be carried out.
Discussion was held on whether or not to adopt the goals and objectives at this
point or re-visit it at a later date.
Councilman Selden stated that it could be adopted as a tentative
document. Council Member Maida
concurred. Councilman Kivell stated
that if we adopt this, it gives us some kind of credence that this is something
tangible that we are looking for.
If you do not give it validity by officially adopting it, it’s importance as
something that you have to strive for and plan to accomplish is lessened.
Attorney Hill stated that it appears that there is some confusion about what is
actually being adopted and what does it do.
Is it a framework or are you formulating a policy or are they directives
to the City Manager and what his future duties will be?
Further discussion was held on these being the goals for the City Manager
regardless of who that person will be.
Council
Member Kopkowski asked if it would be prudent to have the City Attorney clean
this up to make it a more official adoptable document. Discussion was held on
measurability. It was stated that
some of these items could be written in.
Mayor Doyle stated that would require specific direction from Council for
that to happen.
Mayor
Doyle stated that if we adopt at this point, it negates any input from the City
Manager. Councilman Morelli stated
that in his experience, he would go in with an outline similar to this and for
each point there would be interaction between the employer and employee as to
ability to accomplish, etc. It may
change from year to year, but it needs to be a working dialogue between Council
and whoever the manager is.
Performance would be measured the following year on what was accomplished.
Council
Member Maida asked if this could be adopted as an outline for the hiring of a
City Manager. Attorney Hill stated
that they could be adopted as a topic of discussion for hiring of a City
Manager. Mayor Doyle stated that
every one of these items is very important, but we still need input from that
person. There is no point in taking
the next step.
Discussion was held on using these goals for the hiring process.
Councilman Morelli stated that looking for a City Manager and setting
goals are completely separate things.
It was stated that they can be used together.
Councilman Morelli stated that anybody who would apply for a City Manager
job would know how to do these things.
Goals need to be measurable and used to determine how he is doing his job
when you talk about it the next year.
But, again it has to be a dialogue between the manager and Council using
an outline that Council puts together.
Further discussion was held on goals and the evaluation process.
The
consensus of Council was to not adopt the goals and objectives at this time.
3.
Request from City Manager- Purchase of Military Service
City
Manager Cook stated that he is requesting that the City apply the cost
associated with the purchase of his military time to Blue Cross/Blue Shield for
him and his wife. The funds stay
here, and you pay for the coverage until the funds run out.
At age 65 he would be eligible for medicare.
He stated that he cannot give an itemized cost because of the rate
increases, but the money will go quicker as the Blue Cross increases each year.
Mayor
Doyle stated that the request to purchase military service is the same as John
Haas recently requested.
City
Manager Cook stated that he only served two years, one in preparation for
Vietnam and one full year in Vietnam.
Councilman Kivell stated that there is difference between what we have here and
what was requested originally. City
Manager Cook stated that there has been a change in the rates.
This reflects the current coverage and rates.
Councilman Kivell stated that his understanding is that the last five years and
the years of service are the two major components.
City Manager Cook stated that is for MERS and he is not part of MERS.
Councilman Kivell stated that he understood that we were emulating the
MERS system. City Manager Cook
stated that he is requesting the two years based on his current salary, he did
not look at it based on the last five years.
Councilman Kivell stated that when you serve in the military, it was
before the career and it extended your career from 25 years to 27 years.
To end up taking what you are earning now at the apex of your earning
career for the formula, he is not comfortable.
City Manager Cook stated that he has no way to do an actuarial analysis.
Councilman Selden one thing bothers him is that the City Manager is an executive
position, and the water department employee was an hourly worker.
He does not know of too many executives who get paid for their military
service. He does not see a need to
compensate him for that. City
Manager Cook stated that every employee and executive that comes into the state
will be a member of the MERS program, but he is not.
The new City Manager will be a member of MERS, they have to be.
Councilman Selden stated that previously he stated that we needed a
policy, but each case needs to be looked at separately.
His position is that as an executive, he has been paid more than an
employee and as a consequence, he does not feel it is justified. Council Member
Maida concurred.
Council
Member Maida questioned the underwriting 50% deductible until eligible for
medicare. She asked when he would
be eligible. City Manager Cook
stated that when he is 65. Council
Member Maida asked how old he is now.
City Manager Cook stated that he will be 63 in April.
Councilman Morelli stated that he voted no for Mr. Haas.
He does not understand why this would be done for anybody.
He asked if the request is that the City pick up the increase every year.
City Manager Cook stated that it would come out of the $36,000 and once
it is used up, it is over.
Councilman Kivell stated that if the request to purchase military time is not
approved, then it remains at the agreement already made.
Mayor
Doyle stated that he does not have a problem with this.
The City Manager actually fits into the program better than Mr. Haas.
Mr. Haas volunteered and may never have been drafted.
The City Manager was drafted.
We did the same thing with Mr. Haas and other previous employees.
CM
2-5-08 – APPROVE REQUEST FOR PURCHASE OF MILITARY TIME
Motion by Kivell
To approve the
request to purchase of two years military service for City Manager Rod Cook
Motion
dies due to lack of support,
4.
Second Reading
a.
Chapter 102- Section 102-131- Materials Board
It was
stated that there have been no changes since the first reading
CM
2-6-08 – SECOND READING – AMENDMENT – CHAPTER 102 – SECTION 102-131
Motion by
Kivell, supported by Morelli
That this
be the second reading and adoption to an amendment to the City Code, Chapter
102, Section
102-131 (see
attached amendment as part of these minutes)
VOTE:
MOTION CARRIED UNANIMOUSLY
b.
Chapter 70- Section 70-2 Definitions
Councilman Morelli asked that in the calculation of frontage in the case of an
upper and lower story, they can use “their space”, does the landlord have the
ability to give more percentage to either the upper or lower floors.
Planning Commission Chairperson Weipert stated that they were simply
trying to calculate what the total signage would be, the allocation of that
signage between businesses within the building would be up to the landlord and
would be negotiated between those parties.
Further discussion was held on allocation by the landlord either up or
down or side to side.
CM
2-7-08 – SECOND READING – AMENDMENT – CHAPTER 70 – SECTION 70-2
Motion by
Kivell, supported by Morelli
That this
be the second reading and adoption to an amendment to the City Code, Chapter 70,
Section
70-2 (see
attached amendment as part of these minutes)
VOTE:
MOTION CARRIED (1 opposed)
5.
Set
Public Hearing- Bella Luna Liquor License
Attorney Hill stated that the public hearing will need to be either February 26th
or 27th. The Liquor
Control Commission needs the City’s decision 60 days prior to the renewal of the
license, which is April 30th.
The
question was asked why the hearing would not be done on at a regular Council
meeting. Attorney Hill stated that
it is felt that it could be an extensive hearing.
She stated that the license holder will be given opportunity to show why
the license should not be revoked.
Discussion was held on scheduling the time for 7 p.m. versus 7:30p.m
CM
2-8-08 – SET PUBLIC HEARING – BELLA LUNA LIQUOR LICENSE
Motion by
Selden, supported by Kopkowski
To schedule a
public hearing for discussion of the Bella Luna Liquor License for February 26,
2008 at
7:00 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
NEW BUSINESS:
1.
MML
Capital Conference- Lansing- April 1st & 2nd- Who will
attend
Council Members Selden,
Wedell, Maida, Morelli, Kivell and Mayor Doyle indicated that they would be
attending.
COUNCIL COMMENTS:
Council Member Kopkowski
asked what is happening with Bugsy’s.
City Manager Cook stated that they have been closed and we are trying to
find out what is going on.
Councilman Selden stated that the sign on the door indicates that they will be
closed until January7th for repairs and they are still closed.
City Manager Cook stated that it is his understanding that there are
people interested in acquiring the management agreement.
Council Member Kopkowski
stated that she had to parallel park in town three times today and all three
times she had a difficult time getting to the business because of the snow.
She asked if there is a way to put in some brakes so that people can get
through. Superintendent Renwick
stated that the agreement is that we keep the parking spaces clear and business
owners are to push the snow into the street so that we can do that.
Council Member Kopkowski stated that it simply needs to be done, and at
this point it looks like it will require larger equipment than what a business
owner may have. It was stated that
we have had some unusual weather.
Mayor Doyle stated that he
would like to thank Joe Veltri for the report on the blight issues.
City Manager Cook stated that this is actually a joint effort with both
Joe Veltri and Mike Jakubowski.
Council Member Maida stated
that she recently went to a foreclosure seminar.
Last year, Oakland County came in and put on a similar seminar here at
City Hall. With everything that is
going on with our economy, she would like to see a monthly seminar to help
individuals to understand foreclosure and what they can do to avoid it.
It would help our community become educated so that we do not have these
homes vacant. Mayor Doyle stated
that we can speak to Commissioner Potter to see if there are similar seminars in
the area. City Clerk/Treasurer
stated that we also have the video tape from last year’s and we can see if we
can get that run on the cable station.
Council Member Maida stated
that she spoke with a gentleman from Lighthouse who indicated that they could
also come in to do a seminar. She
further asked if there is interest on Council for him to come in and speak.
Councilman Selden stated that a copy of our video tape could be given to
the library and run on Channel 19, which seems to be sufficient.
City Clerk/Treasurer Zemke stated that we also have some additional links
on the City’s website for additional information about foreclosure.
Council Member Maida asked
if Council will be reviewing the issues relating to the new bike trail.
City Manager Cook stated that there are no more issues, they have been
cleared up.
Councilman Morelli asked
about the status of Mr. Bodnar’s building.
City Manager Cook stated that there has been no contact at this time.
CM 2-9-08 – ADJOURNMENT
Motion by
Morelli, supported by Wedell
To adjourn the meeting at
9:45 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Respectfully Submitted,
_
___________________________
_______________________________
John
Doyle, Jr.
Julie C. Zemke
Mayor
City Clerk/Treasurer