CITY OF SOUTH LYON

REGULAR CITY COUNCIL MEETING

August 8, 2005

 

 

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: Dryer, and Wallace (1 vacancy)

            City Manager Cook

Attorney Lee

City Clerk/Treasurer Zemke

Department Heads: Martin & Renwick

ABSENT:            Council Member Schwarck

 

APPROVAL OF MINUTES:

 

Councilman Dryer stated that on page 4, the Resolution for the West Nile Virus Fund does not indicate who made the motion and second.

 

CM 8-1-05- APPROVAL OF MINUTES – JULY 25, 2005

 

     Motion by Wallace, supported by Dryer

 

     To approve the minutes of the regular meeting of July 25, 2005 as amended

 

VOTE:                                                                                      MOTION CARRIED UNANIMOUSLY

 

APPROVAL OF MONTHLY BILLS: 

 

CM 8-2-05- APPROVAL OF MONTHLY BILLS

 

     Motion by Dryer, supported by Wallace

 

     To approve the monthly bills as presented

 

VOTE:                                                                                      MOTION CARRIED UNANIMOUSLY

 

APPROVAL OF AGENDA

 

Mayor Doyle stated that he would like to add New Business #3 for approval of Block Party for Appaloosa Court.

 

CM 8-3-05- APPROVAL OF AGENDA

 

     Motion by Dryer, supported by Wallace

 

     To approve the agenda as amended

 

VOTE:                                                                                      MOTION CARRIED UNANIMOUSLY

 

CITIZEN’S SUGGESTIONS

 

Mr. Dick Selden of 62401-1 Raleigh Ct., representing the Pumpkinfest Committee stated that every year, a member of the community is selected as the Grand Marshall of the Pumpkinfest Parade.  This year, Councilman Tedd Wallace has been selected to fill that role.  Councilman Wallace thanked the committee and stated that he is overwhelmed to be selected for such an honor.

 

Mr. Selden stated that he also wanted to let Council know that in honor of Paul Baker, the Buckboard Club of Colonial Acres is helping to get a life-sized, bronze statue of Paul to be put at Baker’s of Milford as well as a bronze plaque to be placed at the South Lyon Hotel.  In addition, he and Sam Black, editor of the South Lyon Herald, will be writing a book about Paul and asking the assistance of everyone to write down their experiences and memories of him.  He stated that Paul’s wife approves of the project, which will be a not-for-profit project.

 

Mrs. June Lane of 678 Hagadorn stated that they are very pleased with the sidewalk project on Hagadorn.  However, when they seeded the area, instead of grass, they have very tall “tomato-type” plants.  City Manager Cook stated that the contractor will come back and correct this.  Furthermore, she reminded everyone of the dog show that will be taking place during Pumpkinfest.

 

Ms. Joane Morgan of 22280 Quail Run Circle asked if the City had any plans to smooth the bumps at the railroad tracks.  City Manager Cook stated that CSX has been notified, however he does not think they will be back this year to fix it.  Discussion was held on liability issues why the City cannot do the work.

 

Councilman Wallace stated that there are a number of trees, going north on Pontiac Trail, that we have lost and asked if these would be replaced.  City Manager Cook stated that we will be looking at planting approximately 175 trees and we are looking at applying for a grant through the DNR for additional trees.  They will not all be planted at one time, but will be planting them throughout the City.

 

Councilman Wallace stated that he has also noticed that Gateway has been planting dead trees on their site.  City Manager Cook stated that this would be part of a punch list and would have to be corrected.

 

OLD BUSINESS:

 

  1. Delta Environmental – Revised drilling schedule – Amoco Lot – 8/15-8/19, 2005

 

Mayor Doyle stated that we have a revised drilling schedule for the Amoco lot.  He stated that the lot next to Screwie Louie’s will be closed from August 15-19th.  City Manager Cook stated that they will repair any damage that they may cause.

 

  1. Letter of Resignation from City Council Member – Ray Crawford

 

Mayor Doyle stated that we need to accept the resignation effective the date indicated in his letter.

 

Councilman Wallace read the resignation into the record as follows:

 

Dear Julie,

 

Please accept this letter as my notice of resignation from the South Lyon City Council effective July 31, 2005.

 

It has been a privilege and an honor to serve the citizens of South Lyon for the past six years, however I have decided to retire from public service and join my children and grandchildren in Texas.

 

My address in Texas will be 437 East Hickory Hill, Burkeville, TX  75932.  Telephone 409-565-4429.

 

Sincerely,

Thomas Ray Crawford

 

CM 8-4-05 – ACCEPTANCE OF RESIGNATION FROM CITY COUNCIL – RAY CRAWFORD

 

     Motion by Wallace, supported by Dryer

 

      To accept the letter of resignation from Thomas Ray Crawford effective July 31, 2005

 

VOTE:                                                                          MOTION CARRIED UNANIMOUSLY

 

  1. Discussion on filling vacancy on City Council.
    1. Procedure
    2. Filling of vacancy – Council Appointment
    3. Appointment of Mayor Pro-tem

 

Attorney Lee stated that the City Council is not obligated by Charter to proceed in any particular manner in filling the vacancy.  You may simply make a motion to appoint a person and vote on it, or set up a procedure, including interviews, etc.  It is up Council how they want to proceed.  The only limitation in the Charter is that Council must perform the task within 30 days.  State Law says that if you do not fulfill your duty within 45 days, we are obligated to notify the Governor.  The Governor would then appoint someone to fill the vacancy.  In effect, you would be leaving this seat vacant until the election given the turn around time and upcoming election.  The 30 days would be from the effective date of the resignation.  Discussion was held on the vote.  Attorney Lee stated that it would be simple majority.

 

Mayor Doyle stated that we have a number of people here who have expressed interest in the appointment.  He suggested that each candidate be given an opportunity to speak.  Councilman Wallace asked if all of the parties were informed that this would be on the agenda.  Councilman Dryer stated that he did personally speak to each candidate.

 

Ms. Donna Spencer of 1098 Colt Drive stated as soon as she and her family moed to the City she immediately got involved with the South Lyon Area Youth Assistance in 1999.  In 2001 she was elected as Vice-Chair of that committee and 2002 she was elected as Chairperson, a position in which she currently serves.  She has also served on many committees under the Youth Assistance umbrella.  Serving on that board has given her experience and knowledge of the community.  South Lyon has experienced some enormous growth within the last few years, and appointing her to Council would represent that change.  It is also time for some diversity on Council.  In talking with a lot of the community, they thought it time to put a woman up there.  She hesitates to bring in the gender issue, but the people are asking for it.  While she has not been a life-long resident of South Lyon, she did grow up in a small rural community and has lived in other towns that have experienced growth issues.  She stated that she has been at every Council meeting since January, which shows her interest and eagerness to learn about the Council and what is going on in the City.  This shows a commitment to take on additional leadership roles in the community, and these are sacrifices that her opponents did not make.  It would be unfair to the community to simply place someone just for the sake of buying time or to fulfill the ordinance.  It can be risky putting someone in who has no interest in running for a seat as their accountability would be very short lived.  For these reasons, she stated that she would hope that Council consider her to fill the seat.

 

Mr. Michael McGuinness of 22280 Quail Run stated that it is a distinct honor to be before Council and it is an honor just to be one of the nominees.  He stated that he is not here to say that he is better than anyone else here, because he does not believe that he is.  However, he does believe that even though at the age of 21 he does bring distinct qualities that might set him apart and offer some unique angles and perspectives that the City Council could benefit from.    He stated that he currently serves 17,000 students at Oakland University where he is Student Body President.  He has served as Student Body Vice President where he proceeded over meetings of 30+ individuals undertaking Robert’s Rules of Order.  He has lived in the City of South Lyon for a number of years and prior to that attended Walled Lake Schools and prior to that spent his youth in the South Lyon area.  Apart from that, he serves in public office as a Oakland County Soil and Water Conservation Director, which in that capacity, serves our community already, dealing with a variety of issues and making sure that our residents receive benefit.  He stated that he is just here to offer his name forward, and if Council feels as though they would like to go with someone a litter older, he does understand; he is only 21.  Hopefully, even for a brief period of time, the City recognizes the role of our younger citizens.  Along with that, he would like to go into the high schools and promote voter registration and younger citizen involvement in all aspects of our City government.  Our youth is a very valuable asset.  As a City Councilmember he could bring some of that forward.

 

Mr. Harvey K. Wedell of 1188 Vassar stated that he has submitted his resume and letter of interest.  He has only the opportunity to serve and wish to serve.  He does not have any causes that he is sponsoring.  He has been in government virtually his entire adult life.  He has administered departments and agencies of government.  He knows what department heads go through in developing budgets and performing services.  He has worked for Oakland County as a Budget Analyst for the past 5-6 years.  He was responsible for developing and presenting multi-million dollar budgets, as well as monitoring and ensuring that the organization performs on time and on task.  Currently, he is a Senior Analyst with the Oakland County Board of Commissioners and works for 25 politicians.  They analyze programs, policies and concepts coming before various committees.  He serves on the Finance Committee and Public Services Committee.  He has also served on the Personnel, Planning and Building Committee, so he does offer broad experience.  He stated that he would like to make clear that he is not applying for an administrative position.  He does understand that the City’s Administration is a very competent one, and they do their job well.  Council’s role is to provide guidance and make policy.  That would be his hope to perform and in so doing support the efforts of the administration.  Further, he does understand that there will be a relatively new board in the next several months, and it would be his hope to provide a bridge between the current City Council and the new “freshmen class” coming in a few months, and help to provide some continuity.  He offers his name for the appointment and thanks Council for their consideration.

 

Mr. Dick Selden of 62401-1 Raleigh Court stated that he has been a South Lyon resident for approximately 10 years and has been active in this community since they moved here.  He is a former Councilman, and has been active in the “Help Save the Pumpkinfest” Committee and is currently Treasurer of the Coalition on Substance Abuse Prevention in the South Lyon Area.  He works in his church, and has been on the Board for Colonial Acres Phase IV.  He is retired, and attended every Michigan Municipal League Conference while he served on Council including some regional meetings. He holds an MBA from Michigan State Advanced School of Management and BS from Wayne State University.  He has children and enjoys South Lyon and hopes to give his service to make it better.  He appreciates Council’s consideration of his possible appointment.

 

Mr. Robert Martin of 602 W. Lake Street stated that he does not envy Council in making this decision as he has just heard some very qualified people here.  He stated that he has been a resident of South Lyon his entire life and has worked here his entire life, therefore knows quite a bit about South Lyon.  He does believe that he would be a good person to fill the gap.  He stated that he has no agendas that he brings, and would appreciate Council considering him for the job.

 

Councilman Wallace stated that it is great to see such a selection to fill the position.  He stated that anyone who does not get appointed, he would like to remind them not to give up that there will be four council seats for election plus the Mayor in November.   We would hope that you pull your petitions and get started.  The deadline is in just a few weeks.  He stated that you just have to have at least 25 legitimate signatures of registered voters.  Clerk/Treasurer Zemke stated that the deadline is September 20th by 4 p.m.  Councilman Wallace stated that he too was up for appointment at one time and was not appointed.  Councilman Dryer stated that he was also in that position.  We hope that you still pursue a position.  It is great to see the interest that we have here.  Mayor Doyle stated that in years past, we have had very little interest or competition at election time.

 

Mayor Doyle stated that everyone who submitted letters spoke this evening.  As far as the process, we have essentially this meeting or next to come to some agreement.  Councilman Schwarck will not be here until next month.  Councilman Wallace stated that he would like to see us take care of it at this meeting.  After this meeting we only have five Council meetings before the new Council comes aboard.

 

Mayor Doyle stated that he knows most everyone who has expressed interest and feels that all have various traits and assets that they would bring to the table.  Any or all of these individuals could go through and run for a seat, including his.  He was leaning towards the appointment of Donna Spencer.  Donna has been attending our meetings since the beginning of January.  She has been working with the Youth Assistance as well and brings some experience.  Two things, however are very important.  One is the diversity.  We have four men, and there has not been any women on Council for some time, and he feels that it is important.  Secondly, there is a very important issue. We have grown a lot over the last several years, and we have a lot of new families and faces.  He feels that it is important that the people that are coming in from other areas have a voice as well.  All of these people are very qualified and it is a difficult choice.  This is a very short appointment, and he does not feel that anyone appointed would gain anything as far as the election by being an incumbent.  He feels that Donna is best suited.

 

Councilman Dryer thanked all of the individuals for putting their names into the hat.  We have a lot of experience here, experience in government, experience on the Council, businessman, etc.  One thing that he did come back to is that this is a short-term appointment.  We need to have someone recognize what is going on currently, and Donna has been attending all of our meetings, though there are different ways of keeping up on what is going on in the City.  Therefore, he too is in favor of Donna Spencer.

 

Councilman Wallace stated that he is aware that Donna has been at these meetings.  However, personally, he does have someone else in mind, Bob Martin.  He stated that he asked Bob to apply.   Bob is very well aware of what is going on in the community, and he has stated in his letter of interest that he does not intend to run for election, he is just interested in filling the gap.  He does not want to give anyone an advantage.

 

Councilman Dryer stated that he does understand and respect Councilman Wallace’s comments regarding getting a “leg up”.  However, we will have four Council seats up for election, and if the person that is appointed does get elected, then it provides just a little bit more continuity, especially given the expansion from five to seven members.

 

Mayor Doyle stated that in speaking with Mr. Martin, he indicated that he has not ruled out running for election. He asked Mr. Martin if he had misunderstood.  Mr. Martin stated that at this point in time he has no intention of running.  That may be something he would be interested in after retirement, but no time in the near future.

 

Mayor Doyle stated that he does not see this appointment as a “leg up”. It is going to be easier for someone to be elected given the additional seats.  As far as someone being capable of being up to speed right away, Donna clearly is.  He stated that we can go around and around on this issue, but clearly there is a majority of the board here now that favors one candidate.  Furthermore, after talking with Councilman Schwarck before he left, he does believe that if Don were here, he would be supporting Donna as well.

 

Attorney Lee stated that this Council has a right to determine their own procedure, if you so choose, you could impose a super majority upon yourself for this purpose.

 

Mayor Doyle stated that if we do go past the 30 days, where does that leave us.  Attorney Lee stated that you would be in violation of the Charter.  Mayor Doyle asked what the repercussions are.  Attorney Lee stated that there are no sanctions within the Charter for failure to fill that vacancy.  The only draw-back is that State Statute indicates that if by September 15th, Council did not take action, we would be obligated to report to the Governor that no action has been taken.

 

Mayor Doyle stated that if for nothing else, we should appoint Donna for diversification.  Meaning no disrespect to Bob, he has been in the City for many years and runs a business in a very competitive area and does an outstanding job.  But, the fact is, as far as public service, Bob has none and Donna does.  The options are that one of the two Council members could make a motion to appoint an individual or we could table the issue until the first meeting in September when Councilman Schwarck gets back, which will put us in violation of our Charter.  He will not speak for Don, but the feeling he got was that he was in favor of Donna.  The other part is that we have to value not just the “townies” opinions.  They are the minority of the population.  People who have moved from other areas need to be represented, and Donna does that.  Right now, two of the five members of Council are life-long residents.  He is looking for diversity, and right now, the newer people do not have that.  He stated that he has been in South Lyon 13 years.  Also, having a woman is important.  He would hope that in November, some people do step up.

 

Ms. Spencer stated that there is nothing that would stop Mr. Martin from running; he may enjoy it.  Mayor Doyle stated that he would take Bob at his word.  Ms. Spencer stated that she does feel that having someone fill the seat who is interested in running is important, and would provide additional continuity.  She stated that furthermore, she has attended every meeting since January, and her opponents did have the same opportunity. It was stated that with the meetings on cable, many residents will watch it from the comfort of their own homes versus coming down to City Hall.  Mayor Doyle stated that he still supports the diversity as well as someone who has taken the effort to be here.

 

CM 8-5-05 – APPOINTMENT OF DONNA SPENCER – VACANT COUNCIL SEAT

 

     Motion by Dryer

 

     To appoint Ms. Donna Spencer of 1098 Colt Drive to the vacancy on the City Council

 

Motion died due to lack of support.

 

CM 8-6-05 – APPOINTMENT OF ROBERT C. MARTIN – VACANT COUNCIL SEAT

 

     Motion by Wallace

 

     To appoint Mr. Robert C. Martin of 602 W. Lake Street to the vacancy on the City Council

 

Motion died due to lack of support.

 

Further discussion was held on the ramifications of not appointing someone within 30 days.  The question was asked if it would still be a legal appointment.  Attorney Lee stated that Mr. Crawford’s term does expire at the last meeting in October.  It would be of consequence if he had two more years.  If you appoint someone less than 60 days prior to election, the appointment would be for the remainder of the unexpired term.  You could appoint someone the first meeting in September with no consequence.

 

CM 8-7-05 – TABLE CONSIDERATION OF FILLING COUNCIL VACANCY

 

     Motion by Dryer, supported by Wallace

 

     To table consideration of filling the vacancy on the City Council until the first meeting in September

 

VOTE:                                                                                      MOTION CARRIED UNANIMOUSLY

 

It was stated that we also have the appointment of Mayor Pro-tem as Ray Crawford had served in that capacity.

 

Attorney Lee stated that the Charter indicates that in the absence of the filling of the vacancy, the senior member of Council becomes the acting Mayor Pro-tem.  Mayor Doyle stated that historically, Council had made the appointment of the senior member.  Councilman Dryer asked Councilman Wallace if he were willing to serve that capacity.  Councilman Wallace indicated that he would.  It was stated that if you do not take action, he automatically becomes Mayor Pro-tem.  By taking action you could nominate Councilman Wallace or any other member of Council.

 

CM 8-8-05 – APPOINTMENT OF MAYOR PRO-TEM

 

     Motion by Dryer, supported by Wallace

 

     To appoint Councilman Tedd Wallace as Mayor Pro-tem

 

VOTE:                                                                                      MOTION CARRIED UNANIMOUSLY

 

  1. MML Annual Meeting Notice – Selection of Delegate and Alternate

 

Councilman Dryer and Wallace indicated that they would not be attending the meeting. Mayor Doyle stated that he will be attending.

 

CM 8-9-05 – APPOINTMENT OF DELEGATE – MML MEETING

 

     Motion by Dryer, supported by Wallace

 

     To appoint Mayor Doyle as the delegate for the MML Annual Conference in September 2005

 

VOTE:                                                                                      MOTION CARRIED UNANIMOUSLY

 

NEW BUSINESS:

 

  1. Discussion concerning public dedication honoring Paul Baker

 

Mayor Doyle stated that since the last meeting, he has had an opportunity to speak with Kathy Baker who is very much in support of dedicating one of the parks in Paul’s honor.

 

Councilman Wallace stated that he is leaning toward Fountain Park rather than Volunteer Park.  The fountain represents perpetual motion, and so was Paul.  Furthermore, it is right in town, which will be seen by more people.  He stated that Volunteer Park was named for the many volunteers of the City, which represents something.  Whereas, the name Fountain Park does not.

 

Discussion was held on the name for the park.  One suggestion was Paul Baker Memorial Park.  Another was Paul Baker Legacy Park.

 

Further discussion was held on renaming Volunteer Park versus Fountain Park.  Mr. Dick Selden stated that he feels that Fountain Park is too small for a man of Paul’s stature.  Discussion was held on Fountain Park being in closer proximity to downtown as well as the South Lyon Hotel.  The question was asked if the sign could be changed.  City Manager Cook stated that it would be.

 

City Attorney Lee stated that rather than simply vote on the issue, Council could direct staff to draft a formal resolution.

 

CM 8-10-05 – DIRECT STAFF TO DRAFT RESOLUTION – DEDICATION OF PARK

 

     Motion by Wallace, supported by Dryer

 

     To direct staff to draft a resolution renaming Fountain Park to Paul Baker Memorial Park for adoption at the

     second meeting in August

 

VOTE:                                                                                      MOTION CARRIED UNANIMOUSLY

 

  1. MML Worker’s Com Fund – Election of 5 Trustees