CITY OF SOUTH LYON

REGULAR CITY COUNCIL MEETING

August 13, 2007

 

Mayor Doyle called the meeting to order at 7:32 p.m.

Mayor Doyle led those present in the Pledge of Allegiance to the Flag

PRESENT:            Mayor Doyle

Council Members:  Kivell, Kopkowski, Maida, Morelli and Wedell (1 vacancy)*

City Manager Cook

Attorney Lee

City Clerk/Treasurer Zemke

Department Heads: Collins, Martin & Renwick

 

APPROVAL OF MINUTES:

 

Council Member Maida stated that on page 5 the agenda item numbering is incorrect.

 

CM 8-1-07- APPROVAL OF MINUTES – JULY 23, 2007

 

     Motion by Kivell, supported by Maida

 

     To approve the minutes of the regular meeting of July 23, 2007 as amended

 

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

 

APPROVAL OF MONTHLY BILLS: 

 

Councilman Kivell asked if the water pump was for the Algin.  Superintendent Renwick stated that it is.  Councilman Kivell stated that it seems there has been a lot of maintenance for that machine.

 

Councilman Kivell asked about the payment to Forsythe Brothers for work at Volunteer Park.  Superintendent Renwick stated that this was for the leveling of the ball fields and resetting of the bases that were starting to settle, etc.

 

Councilman Kivell asked if the lease on the Explorer is terminated.  Chief Collins stated that we budgeted to buy it at lease end and we now own that.  The payment is the terminal payment of the lease.

 

CM 8-2-07- APPROVAL OF MONTHLY BILLS

 

    Motion by Wedell, supported by Morelli

 

     To approve the monthly bills as presented

 

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

 

APPROVAL OF AGENDA

 

Mayor Doyle stated that he would like to remove the Executive Session from the agenda.  The City Manager will be providing additional information for the next meeting.

 

Chief Collins stated that he has received a request for a block party for Drury Lane and would like that added to the agenda.

 

CM 8-3-07 – APPROVAL OF AGENDA

 

      Motion by Wedell, supported by Kivell

 

      To approve the agenda as amended by removing Executive Session and adding New Business #5 for

      the Drury Lane Block Party request

 

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

 

CITIZENS SUGGESTIONS: None

 

OLD BUSINESS:

 

1.      Applications for City Council Seat- filling vacancy

 

Mayor Doyle stated that we have received three applications and letters of interest.  All three applicants are present and requested that each of the applicants state who they are, what they do and why they are interested in serving.

 

Mr. Dick Selden of 62401-1 Raleigh Ct. stated that he has been a resident of South Lyon for approximately 12 years.  He served four years on City Council and lost by one vote in the last election.  He did run a poor campaign due to severe personal family problems.  He has served as the SEMCOG representative for the City and attended every Michigan Municipal League conference while he served on Council.  He has been active in the Substance Abuse Coalition and served as Treasurer.  He has also served on the Pumpkinfest Committee since the time that it was going to be given up. 

 

Councilman Kivell asked Mr. Selden what is driving him to want to hold the position.  Mr. Selden stated that he has served in public service for most of his life.  He would like to stay active in the community.

 

Mr. William Rodman of 1176 Chestnut stated that he has been active in the community since the first year after they moved to South Lyon.  He has served on the Planning Commission for approximately 5 years and served as a board member of the Pumpkinfest Committee and remains a part of that group.  He stated that he believes that when you find a community that you want to call home, you need to become involved. He is willing to do whatever it takes.  He further stated that he is currently co-chair of the Beautification Committee.

 

Mr. Randy Cortright of 1023 Arabian Ct. stated that he moved to the City in 1998 with his wife and since that time they started their family.  He has served on the Parks and Recreation Commission since approximately 2001.  When Ray Dryer was elected to City Council, he took over as Chair of that Commission.  He stated that he is looking to expand his experience in working with the community.

 

Councilman Wedell asked if Mr. Cortright plans to run for office in the next election.  Mr. Cortright stated that his intention is to not run.  The primary reason is that he has two daughters ages 6 and 3,which can be a handful.  He stated that his wife is home with them most days and needs a break in the evening.  They had talked about this as just a temporary position.  He stated that he is interested in running at some point but not until his kids are at least in elementary school.

 

Councilman Wedell stated that Mr. Cortright’s commitment is well known and appreciated.  He asked Mr. Cortright about his continuing interest in that position.  Mr. Cortright stated that if he were appointed to City Council, once he has served that temporary term, he would probably re-apply to the Parks and Recreation or possibly Planning Commission.

 

Councilman Kivell asked what is driving the desire to fill in during the interim.  Mr. Cortwright stated that he and Ray Dryer have been friends for years and are like-minded in a lot of ways and would provide some type of continuity until the next election.  Also, he is interested in learning more about City Council to gage his longer-term interest in serving.

 

Councilman Morelli stated that he would like to thank all three applicants for stepping up and filling out applications.  He stated that his opinion is that Randy does a good job on Parks and Recreation and his desire to stay says a lot.  He stated that he understands Ray Dryer’s desire for him to fill the spot, but he thinks that with the current Council, his torch would be well carried.  He stated that in his opinion, the person with the most qualifications is Bill Rodman.  He has served the community since he moved here. 

 

He has served on the Planning Commission and has run for Council.  He has been and is involved with the Pumpkinfest and Beautification.

 

CM 8-4-07 – APPOINTMENT TO THE VACANT COUNCIL SEAT

 

     Motion by Morelli, supported by Kopkowski

 

     To appoint William Rodman of 1176 Chestnut to the vacant Council seat

 

Discussion was held on proper procedure.  Attorney Lee stated that there is a motion on the floor and it has been seconded.  If there is not a majority, there would be another motion in order.

 

Councilman Kivell stated that one thing he has always appreciated about Bill, particularly when he served on the Planning Commission, is that he would find an angle to view a problem from a perspective that not everyone else did so there was a broader view of where a problem might lie or a solution.  Even if it is controversial view, those things are still helpful in making a decision.

 

Council Member Kopkowski stated that she is surprised about how many different things Bill comes out to do in the community.  He helps out in a lot of different categories and areas of the community.

 

VOTE:                                                                                     MOTION CARRIED (2 Opposed)

 

*  City Clerk/Treasurer Zemke administered the Oath of Office to William Rodman as the new Council Member.

 

Councilman Kivell thanked the other applicants.  He stated that we would have been served well by any of the applicants.  Mayor Doyle stated that we were very fortunate to have three very well qualified candidates.

 

2.      Selection of Pro-Tem

 

Mayor Doyle stated that Ray Dryer was Mayor Pro-tem as well so we need to appoint a member of Council to fill that capacity.  He stated that at the last meeting, Councilman Wedell expressed interest in that position.  Councilman Kivell wished to wait until we had a full body.  The Mayor Pro-tem serves in the absence of the Mayor.

 

CM 8-5-07 – REMOVE MOTION FOR APPOINTMENT OF MAYOR PRO-TEM OFF THE TABLE

 

     Motion by Kivell, supported by Morelli

 

     To remove from the table the motion to appoint Councilman Wedell as Mayor Pro-tem

 

Councilman Kivell stated that he would like to point out that he is the only member of Council that has served a full term on City Council and has served two years as Mayor Pro-tem.  In November he will have 10 years on City Council and feels he is capable that there are not too many new “wrinkles” that would present themselves that we have not already had similar situation.  He stated that he too is vying for this position.

 

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

 

Council Member Kopkowski stated that she offered Glenn because he is the only one that has served a full term, and she feels that although in the past it has been the person who has served the longest, it should go with experience and who understands the most about what has happened previously, etc.   She stated that she feels that both Harvey and Glenn would do a good job, but her reason for “stirring the pot” was to set a precedent for future Councils.

 

Councilman Morelli suggested that each give a statement as to why they would be best for the job.

 

Councilman Wedell stated that the Charter talks about filling of the Mayor Pro-tem and talks about the senior member of the Council from a standpoint of continuous service will act as Mayor Pro-tem in the interim so, in essence, he has served in the position since the resignation of Ray Dryer.  He stated that he was appointed to Council much like what took place tonight with the notion that longevity had meaning.  Also, experience is not to be discounted.  Although he does not have as many years experience with this body, he sits with other legislative bodies and in terms of chairing a meeting in the absence of the Mayor, he sits at the head of the table more times in a month than what the Mayor Pro-tem will do in a year.  This is not the board of a number of years ago.  It is larger and clearly more diverse.  He stated that his commitment would be that when he leads a meeting, he will lead a meeting where everyone has an opportunity to be heard fairly and in order and will lead a meeting, not a discussion.

 

Councilman Kivell stated that in the Charter, the Council appoints a Mayor Pro-tem.  As a default position, it is the person with the longest continuous service.  That is a protective device not to lead what the outcome on that decision is.  He stated that Councilman Wedell has implied that there is mayhem taking place regularly on this board, and he does not see that as being the case.  Everyone has opportunity to give their input and he has no intention of changing that.  He does have some concern that parliamentary things will be a mode of censorship.  On this board, the most important thing is that the proper conclusion is made in the end, and that would be his intent in leading a meeting.

 

Councilman Wedell stated that Robert’s Rules of Order are designed to give every person at the table and in a meeting a fair opportunity to be heard.  To insinuate that the Rules of Order would be used to limit discussion is absolutely against the character of Roberts Rules of Order.

 

Councilman Kivell stated that “Glen’s Rules of Order” are essentially that everyone will have opportunity to get their say.

 

Councilman Morelli asked Councilman Wedell for clarification of his statement.  Councilman Wedell stated that the job of the presiding person is to lead the meeting and to ensure that everyone is heard and all of the discussion is complete.  His commitment is to lead a meeting, not lead a discussion.  He will ensure that everyone else is heard before he will be heard.  The purpose of the meeting is for free discussion for everyone to be heard clearly.

 

Discussion was held on Robert’s Rules of Order.  Councilman Morelli stated that he has chaired many meetings and he still does not know Robert’s Rules of Order.  Attorney Lee stated that the Charter states that the Council makes its own rules.  Many years ago Council adopted Robert’s Rules of Order.  If Council wishes to un-adopt them and make their own rules, Council is free to do that.  Until that time, Robert’s Rules of Order is in place.  Further discussion was held on the Rules.

 

Councilman Rodman asked Councilman Wedell if a motion is made, would he allow continued discussion prior to a vote.  Councilman Wedell stated that he would as long as it pertained to the motion on the table.

 

CM 8-6-07 – APPOINTMENT OF MAYOR PRO-TEM

 

     Motion by Maida, supported by Kivell

 

     To appoint Councilman Wedell as Mayor Pro-tem

 

The question was asked if the only job as Mayor Pro-tem is to serve in the absence of the Mayor.  It was stated that there are no other duties other than to serve in the absence of the Mayor.

 

VOTE:                                                                                                 MOTION FAILED

 

 

 

CM 8-7-07 – APPOINTMENT OF MAYOR PRO-TEM

 

     Motion by Kopkowski, supported by Morelli

 

     To appoint Councilman Kivell as Mayor Pro-tem

 

ROLL CALL VOTE:                                                             MOTION CARRIED             Kivell – Yes

                                                                                                                                    Kopkowski - Yes

                                              Rodman – Yes

                                              Morelli - Yes                                                            Doyle – No

                                              Maida – No

                                              Wedell – No

 

Councilman Wedell congratulated Councilman Kivell and thanked those who supported him.

 

3.      Proposed Acquisition- Purchase Agreement

 

Attorney Lee stated that at the City Council’s request, we have submitted an offer to purchase pursuant to discussion in Executive Session.   The agreement is for $450,000 to purchase the Nettles properties on terms and conditions he feels is appropriate.  We need Council to approve the offer prior to submitting it to the Nettles.

 

Councilman Kivell discussed bonding versus paying cash.  He stated that our land acquisition generates almost $49,000 per year plus $15,000 in rent from the existing properties.  It would take 2 ¾ years to pay back the general fund.  He stated that he does not know of any interest-earning vehicle that would come close to generating the $35,000 just for the bonding, to say nothing of the interest over the course of the bonding.  City Manager Cook stated that you are paying a much lower interest on the bond than you earn in the account.  He stated that if you want to sell bonds, we cannot be landlords.  We would have to vacate the property and attach it to the park within a reasonable time.  Attorney Lee stated that in drafting the agreement, he has left the options open.  He would like to preserve that discussion until after the Nettles have accepted the offer.

 

Attorney Lee stated that if anyone would like to discuss any terms or conditions, we should go into Executive Session.  If Council wishes to approve the agreement as is, that needs to be in open session.

 

Attorney Lee stated that this is a cash purchase, but gives us the option to fund the cash purchase with a bond sale if Council so desires.  If we elect to do this by bond, it might take longer to close because we have a public notification etc.  City Manager Cook stated that there would be a 45-day referendum period. 

Councilman Wedell stated that he will be voting “No” on this issue as he has made it clear before, he believes the price is too high.

 

CM 8-8-07 – APPROVAL OF PURCHASE AGREEMENT – PROPOSED ACQUISITION

 

     Motion by Kivell, supported by Morelli

 

     To approve the Purchase Agreement for the proposed acquisition as presented

 

VOTE:                                                                                     MOTION CARRIED (Doyle & Wedell – No)

 

4.      MERS Annual Conference- selection of Delegate Lori Mosier and Alternate Bob Martin

 

City Manager Cook stated that Council needs to approve the employee selection of the delegate and alternate.  Mayor Doyle stated that the employees have chosen Lori Mosier as the delegate and Bob Martin as the alternate.

 

CM 8-9-07 – APPROVAL OF MERS CONFERENCE – DELGATE AND ALTERNATE

 

     Motion by Rodman, supported by Maida

 

     To approve the selection of Lori Mosier as the employee delegate and Bob Martin as the alternate for

     the annual MERS conference

 

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

 

NEW BUSINESS:

 

1.      SMART- Municipal Credit Contract for $9,432

 

City Manager Cook stated that this is our annual contract for the municipal credit program in the amount of $9,432.  This goes towards our People’s Express agreement, which is now in its third year and expires June 30, 2008.  This is the standard agreement and recommends approval.  This is for transportation for anyone who needs a ride on the People’s Express vehicles.

 

Councilman Morelli stated that People’s Express contract costs the City $50,000.  We bring in approximately $1,500 in fares and the $9,432 with this program.  Essentially, the program costs the City $39,000.

 

Council Member Kopkowski stated that it is a great program and gives people the opportunity to be more mobile.

 

City Manager Cook stated that when we started the transportation program, it was only for seniors.  With the contract with People’s Express anybody who wants a ride can with the payment of the fare.  The fare is $4 roundtrip outside the City and $2 within the City.

 

Mr. Dick Selden of 62401-1 Raleigh Ct. stated that he does not believe that everyone, at least in Colonial Acres, knows that it can be used by anybody.  Discussion was held on putting additional information out to people.

 

CM 8-10-07 – APPROVAL OF SMART MUNICIPAL CREDIT CONTRACT

 

     Motion by Kivell, supported by Kopkowski

 

     To approve the Municipal Credit Contract with SMART in the amount of $9,432

 

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

 

2.      Proposal for Professional Engineering Service- Stage 2 Disinfectants

 

Mr. Jessee VanDeCreek of Hubbell, Roth and Clark stated that they have prepared a proposal for professional engineering services to comply with the EPA’s new regulation for stage 2 disinfectants byproducts monitoring.  All public water supplies that disinfect their water with chlorine are required to monitor the systems for byproducts of chlorines.  He described the breakdown of the chlorine that is in the distribution system for too long.  This happens in old facilities and aging infrastructure.  This is something that is not being handled by the MDEQ.  It is a direct rule that is promulgated by the EPA.  It requires us to do an analysis of the distribution system to identify where the locations are, justify the locations to the EPA, go through the review process with the water department, document what the plan is going to be and implement the plan over the next two years.  You have to monitor the locations for a minimum one year regardless of what is found.  The plan has to be submitted by October 1st this year.  They have worked with a lot of communities and the EPA on these.   If the EPA does not respond by October 1, 2008, you automatically begin monitoring for a year after.  The water department has been required, as part of the Stage 1 program, to test once per year.  Stage 2 is requiring us to go out into the distribution system and look in places where we might have dead-end mains, downstream of elevated storage tanks, etc.

 

Council Member Kopkowski asked if we have ever been asked to do this.  Mr. VanDeCreek stated that we have not.  He further explained how this came about based on a study conducted by the Core of Engineers in Washington D.C.  This is the first time that this kind of rule has been implemented by the EPA without being promulgated by a state first.  He discussed the compliance deadline based on the size of communities. 

 

Mr. VanDeCreek further discussed the creation of the byproducts. Discussion was held on preventative maintenance such as checking the hydrants and flushing the lines.  Mr. VanDeCreek stated that we do not anticipate any problems, but we do need to comply with the law and prove that you do not have the issue.  He explained the process of identifying and tests that will have to take place every 90 days.  The results of the submitted samples will determine what the continued compliance will be.  He further stated that it is an open item that is always subject to review.

 

Council Member Kopkowski asked if this is a standard service that HRC provides or was there special training required.  Mr. VanDeCreek stated that they are water treatment specialists.  They focus on water treatment and they have specific staff that is trained by FEMA. They have successfully completed 17 of these to date.

 

CM 8-11-07 – APPROVAL OF PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES

 

     Motion by Rodman, supported by Morelli

 

     To approve the proposal for Professional Engineering Services from HRC for the Stage 2 Disinfectants

     Compliance

 

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

 

3.      Bids-

a.      4x4 Service Truck- $29,965.13

b.      1- ton Dump Truck $42,195.13

 

Superintendent Renwick stated that he has two vehicles that need to be replaced before winter.  One vehicle is 11 years old and the other is 12 years old.  Both of these vehicles are 4-wheel drive and will both have plows.  One is a service truck, the other is a small 1-ton dump truck which will also have a spreader.  The service truck costs a total of $29,695.13 and the dump truck $42,195.13.  One bid came from a State bid through Hines Park Ford and one bid came from the Oakland County bid, which is through Red Holman.  Hines Park came in with the lowest combined total.

 

Councilman Kivell asked if the maintenance on the existing truck will continue.  Superintendent Renwick stated that they are used up and will be put up for auction.

 

Councilman Kivell stated that the dump truck has been needed for a while.  We have big equipment trying to do smaller jobs.

 

Mayor Doyle asked about the expected delivery.  Superintendent Renwick stated that when he talked to them, there were several dealers that did have the chassis available.  Once it is approved, we will have to check to see if there is any change, but would expect 60-90 days for delivery.

 

Councilman Wedell asked if this was a planned budgeted replacement.  Superintendent Renwick stated that this is a planned expenditure.

 

Councilman Rodman asked if the warranties were explored between the two vendors.  Superintendent Renwick stated that warranties are changing all the time.  We have always had good luck and good service with the Fords.  He did not specifically look at the warranty difference between the GMC and Ford. Councilman Rodman asked if the history of incidents in or out of warranty is tracked.  Superintendent Renwick stated that we have never tracked that.  Discussion was held on the difference in warranties between service vehicles versus consumer warranties.

 

The question was asked if the addition of plow or other equipment void the warranty.  Superintendent Renwick stated that these are all built for these types of applications and are under warranty.

 

CM 8-12-07 – APPROVAL OF BID – 4X4 SERVICE TRUCK

 

     Motion by Wedell, supported by Morelli

 

     To approve the bid from Hines Park Ford to purchase a 4X4 Service truck in the amount of $29,695.13

 

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

 

CM 8-13-07 – APPROVAL OF BID – 1-TON DUMP TRUCK

 

     Motion by Wedell, supported by Maida

 

     To approve the bid from Hines Park Ford to purchase a 1-ton dump truck in the amount of $42,195.13

 

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

 

4.      Road Closure- 2007 Fall Witch’s Hat Run- September 8

 

Chief Collins stated that this is a fundraiser, which in the past has been for the South Lyon High School cross-country team.  This year will be a fundraiser for both South Lyon and South Lyon East High School cross-country teams.  The road closure requires one officer on over-time at the expense of the organizer.  This would close a portion of Eleven Mile as well as a portion of Martindale for approximately 15 minutes each.  This would cause minimal disruption to traffic on Saturday morning and he would recommend approval.

 

Councilman Kivell stated that this is an ideal route.  It is pretty and serves the function and is non-impact on the community.

 

CM 8-14-07 – APPROVAL OF ROAD CLOSURE – 2007 WITCH’S HAT RUN

 

     Motion by Maida, supported by Kopkowski

 

Resolved That Julie Zemke, City Clerk/Treasurer is hereby authorized make application to the Road Commission for Oakland County on behalf of the City of South Lyon in the County of Oakland, Michigan for the necessary permits to conduct the 2007 Fall Witch’s Hat Run on September 8, 2007 at 9:00 a.m. and the related road closures:

 

·         Eleven Mile Road – East drive of South Lyon High School to Eagle Heights Drive

·         Martindale Road – Arrow to Eleven Mile

 

And that the City of South Lyon in the County of Oakland, Michigan will faithfully fulfill all permit requirements, and shall save harmless, indemnify, defend and represent the Board against any and all claims for bodily injury or property damage, or any other claim arising out of or related to operations authorized by such permits as issued.

 

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

 

 

 

5.      Drury Lane Block Party

 

Chief Collins stated that this is for the Drury Lane pig roast.  Unfortunately, we just received the request today for a block party this upcoming Saturday.  He would ask that for any type of event such as this that application be submitted 3-4 weeks early in order to research it and get it on the agenda.  However, he was able to check the area and does not anticipate any problems and would recommend approval.  He further stated that their event is 11 a.m. and will end at 9:30 p.m. to coincide with the earlier darkness.

 

The question was asked why darkness plays a role.  Chief Collins stated that when you are doing a street closure, it is best not to extend beyond darkness.  One of the things common with block parties is children running across streets and through yards.  For safety sake, he does try to end them by dark.

 

CM 8-15-07 – APPROVAL OF ROAD CLOSURE – DRURY LANE

 

     Motion by Kivell, supported by Wedell

 

     To approve the closure of Drury Lane for a block party on August 18, 2007 from 11 a.m. to 9:30 p.m.

 

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

 

Council Comments

 

Councilman Rodman stated that he would like to thank everyone who supported him for appointment.  Everyone on Council is honorable and doing the City a great service.

 

Council Member Kopkowski stated that there was a note in the packet indicating that we have completed planting of 146 trees.  She asked what is going to be done about all of the dead trees that were planted.  Superintendent Renwick stated that they will be coming back and taking care of those this year.  Council Member Kopkowski asked if we know the percentage of trees that were planted and already dead.  She further stated that it is important for us to know when we award a bid.  Superintendent Renwick stated that we had an early summer and an extreme summer.  A lot of the trees do drop their leaves after transplant, and if you look closely at some of them there are new buds.  They will be going through and looking at each tree carefully.

 

Councilman Kivell stated that he had opportunity to ride his bike to Volunteer Park, which he has not done since the sprinkler system was installed.  It is a terrific park, more so now that you have real turf to play on. He asked if Parks and Recreation considered planting any trees.  There is a great deal of parking, but if there were some trees, it would provide some protection as well as aesthetic value.  Jessee VanDeCreek stated that when Phase 1 of Volunteer Park was done, a landscape plan was also designed.  That is still on the shelf, but the funds were not available at the time.  City Manager Cook stated that the programs we have been using through the DNR are also available for other public property.  If they continue that, we can take some of the trees that we have been trying to replace the Ash trees and put them in the park area.  Councilman Kivell stated that he had hoped that the Recreation Commission could pick that up and move in that direction.

 

Councilman Kivell stated in regards to the synopsis from HRC regarding Whipple Street, although it seems pertinent, it still does not excuse the fact that they are suggesting final payment on a project that, in his view, is not repaired properly or less than what it should have been.

 

Councilman Wedell stated that at the last meeting he mentioned the bike trail on the way to Cambridge. The DPW was out the very next day and repaired the bridge and cleaned up the vandalism and graffiti.  He thanked the DPW for that.

 

Council Member Maida stated that she would like to thank the City Clerk for getting the reservations in for the MML Convention in promptly.

 

Councilman Morelli stated that they had talked about Council meeting with the Parks and Recreation Commission, and that has not yet happened.  He would like to get a meeting scheduled.   Discussion was held on coordinating that joint meeting.

 

Councilman Morelli asked what happens to the minutes of Executive Session.  City Clerk/Treasurer stated that they are sealed and maintained for one year and one day.  Attorney Lee stated that no action is ever taken in Executive Sessions so there is no need for approval.  If someone were to sue us under the Open Meeting Act, the Court would order the minutes to be delivered to the Court and the Court would determine whether we complied with the Open Meetings Act, specifically were we in there for the appropriate purpose and was no action taken that would require the City to spend money or take a position.

 

Executive Session- City Manager Evaluation – Removed from the agenda

 

CM 8-16-07 – ADJOURNMENT

 

     Motion by Rodman, supported by Morelli

 

     To adjourn the meeting at 8:53 p.m.

 

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

 

Respectfully Submitted,

 

_

___________________________                              _______________________________

John Doyle, Jr.                                                            Julie C. Zemke

Mayor                                                                          City Clerk/Treasurer