June 11, 2024, City Council Meeting

Introduction:

Links to the video recording and the council packet are at the bottom of this post. Please note any errors or omissions in the comments. Anything noted in brackets was inserted by Clarkston Sunshine.

Agenda Item #1, Call to Order (Video time mark 0:00:01):

Wylie said OK, it’s 7:00. I’m going to call the meeting to order, and we will rise and say the Pledge of Allegiance.

Agenda Item #2, Pledge of Allegiance (Video time mark 0:00:05):

Pledge said.

Agenda Item #3, Roll Call (Video time mark 0:00:24):

Wylie said Item #3 is roll call. Jonathan [Smith, city manager], since we don’t have a clerk today, are you doing that?

Sue Wylie, Gary Casey, Amanda Forte, Mark Lamphier, Gary Quisenberry, Laura Rodgers, and Peg Roth were present.

Wylie said OK, great, thank you. We’re going to amend the agenda two times. First is to amend the agenda to add a, and I think everybody should have this, a resolution for interim city clerk appointment, and at least on council you should have that. And this is going to become Item #3a. If we have a vote for everybody to amend the agenda.

[These items were not on the published agenda and the following resolutions were not in the council packet made available to the public.]

Wylie read the resolution:

Whereas in the May 28th, 2024, meeting of city council, a letter of resignation from city clerk, Karen DeLorge was accepted with an effective date of June 6th, 2024,

And whereas a search for a replacement clerk began shortly after receiving the letter of resignation with job postings placed on the city website, the city Facebook site, and the Michigan Municipal League’s job posting site,

And whereas until a new clerk is hired, an interim city clerk is needed to fulfill the responsibilities of the clerk,

And whereas city treasurer Greg Coté has volunteered to fulfill the role of an interim city clerk.

And now therefore be it resolved that the City of the Village of Clarkston hereby authorizes the city treasurer Greg Coté to become the city’s interim clerk.

Wylie said so, we can do this, we need to have a motion to amend the agenda to put this item on our agenda.

Roth said I’ll make a motion to add the resolution to the agenda.

Wylie said OK, that’s from Roth and is there a second?

Casey said second.

Wylie said that was Casey.

Wylie said is there any discussion?

No discussion.

Motion to add the resolution to the agenda passed by unanimous voice vote.

Wylie said so, that motion is passed. So, we are amending the agenda.

Wylie said so, now we can handle this resolution. And would anybody like to resolve this resolution for an interim city – City attorney Tom Ryan interrupted Wylie and said I’m sorry, I’m sorry. So, we should, since we’re gonna adopt the agenda, there was also a ratification that should be added to the agenda. Wylie said OK, should we do that? Ryan said yeah, if you don’t mind, before we adopt the agenda, that way it’ll be clean, and we’ll have it all at once.

Wylie said OK. So, before we handle this resolution for an interim city clerk appointment, we have another amendment to the agenda. That’s a resolution, ratification of city truck repair costs. And I’ll read this, so we know what we’re doing to the agenda.

Wylie read the resolution:

Whereas on the morning of June 3rd, 2024, DPW [Department of Public Works] supervisor, Jimi Turner, notified city manager, Jonathan Smith, that the city’s 2014 F550 pickup truck was leaking hydraulic fluid and would need immediate repair,

And whereas the same morning, city manager Smith notified the city council members via email attached that he had authorized Turner to proceed with the repairs, even though the cost would likely exceed the city manager’s $500 repair authorization and $1,000 emergency authorization,

And whereas on June 4th, 2024, the city received the attached quote from Truck and Trailer Specialties of Howell in the amount of $2,128.65,

And whereas the repaired truck was picked up today, June 10th, 2024.

And now therefore be it resolved that the City of the Village of Clarkston hereby ratifies the $2,128.65 truck repair costs to be paid from the material and outside labor pickup truck account, which is number 101-446-861.001.

Wylie said so, what we need is a motion to amend the agenda to place this resolution on our agenda.

Ryan said I think it’ll be Item #9b, unfinished business. Wylie said yes, 9b, it’ll be under 9b.

Forte said I’ll make a motion.

Wylie said OK, so that’s coming up. Forte makes a motion to amend the agenda. Is there a second?

Lamphier said I’ll second it. Wylie said is that Lamphier? Lamphier seconds that.

Wylie asked if there was any discussion.

No discussion.

Motion to add new agenda item for truck repairs passed by unanimous voice vote.

Agenda Item #3A, Additions to the Agenda (Video time mark 0:05:18):

Wylie said so, now we’re going to do Item #3a, which is the resolution, I’ve already read it, for the interim city clerk appointment. We had Greg Coté who has volunteered to fill in as interim city clerk.

Wylie said is there any discussion on this? Oh, I’m sorry. First, we need somebody to resolve, make a motion for this resolution.

Motion by Forte. Second Rodgers.

Wylie said is there any discussion.

Rodgers said is there any reason why, like legal reason why Coté can’t do this? Ryan said no. We have a limited administrative staff, as you know. Rogers agreed. Quisenberry said there are actually some municipalities around here that have a combined city clerk and treasurer. Ryan said but no, there’s no legal reason.

Wylie said I think Clarkston had at one, Cara [Catallo] would know. Cara, did we have, wasn’t (unintelligible crosstalk). Catallo said Art Pappas (unintelligible crosstalk). Ryan said Art. Wylie said Art. He was clerk, treasurer, manager. Ryan said I don’t think he was treasurer, but he, I mean, he was certainly clerk, manager, clerk, and maybe manager, treasurer. Wylie said OK, anyway.

Wylie asked if there was any additional discussion.

No discussion.

Smith said who seconded that.

Rodgers raised her hand and said me.

Wylie said it was first by Forte, second by Rodgers. There’s a lot for you to keep up with tonight. Smith said yeah, I’m just trying to keep up here. Go ahead.

Wylie said OK, so we need a roll call.

Smith said roll call, OK.

Lamphier, Rodgers, Roth, Wiley, Forte, Casey voted yes.

Wylie said OK, the resolution – Quisenberry said yes. Wylie said I’m sorry.

Wylie said the resolution is adopted.

Agenda Item #4, Approval of Agenda (Video time mark 0:4:36):

Wylie said OK, so that motion passes and we have two amendments to our agenda. Item #3a is going to be for the interim clerk and Item #9b is a resolution for city truck repair costs. As long as we’re doing this, we might as well just approve the agenda and then we can handle these two.

Ryan said it’s amended; you have to approve the agenda.

Wylie said so, now we’re at four. I need a motion to approve the agenda as it has been amended.

Motion by Quisenberry.

Wylie said and I need a second.

Second by Roth.

Wylie asked if there was any discussion.

No discussion.

Motion to approve the agenda passed by unanimous voice vote.

Wylie said the agenda is approved.

Ryan said thank you.

Agenda Item #5, Public Comments (Video time mark 0:07:14):

[Though public comments can sometimes irritate the city council, there is value to both the council and the public in hearing them. While they can’t eliminate public comments entirely without violating the Open Meetings Act, your city council has occasionally decided not to acknowledge public comments during a city council meeting unless the person submitting the comments also appears at the meeting (in-person or electronically) to personally read them. In the past, members of the public have been cut off for exceeding the city council’s arbitrary three-minute time limit (it’s arbitrary because no time limits are required by the Open Meetings Act).

If your public comments were submitted to the council but not read, or if you tried to make public comments but your comments were cut short, please email them to clarkstonsunshine@gmail.com and I will include them in my informal meeting summaries either under public comments or under the specific agenda item that you want to speak to.]

Wylie said so, that was Item #3a, and now we have, we’re going to move on to Item #4, which, I’m sorry, that was 4. Item #5, Public Comments.

(Wylie read the rules for public comments.)

Wylie said would anybody like to make a public comment. No? Anybody?

(No comments.)

Wylie said OK, then we will close public comments and move on to Item #6, which is FYI.

Agenda Item #6, FYI (Video time mark 0:07:49):

Item #6a – 44th Annual Concerts in the Park – June 14th, June 21st, July 5th, July 12th, July 19th

    • Concerts in the Park Announcement (page 4/41 of the council packet)

Wylie said and we’ve got, fourth annual concerts in Depot Park. Dates are Fridays. On Fridays, June 14th, June 21st, July 5th, July 12th, July 16th. The hours are from 6 p.m. to 9 p.m. They’re going to be presented by Vista Springs of Clarkston, which is an assisted living and memory care facility.

Wylie asked if anybody had anything to say in addition about concerts in the park.

No comments.

Agenda Item #7, City Manager Report for 06-10-2024 (Video time mark 0:08:24):

    • City Manager Report, June 10, 2024 (page 5/41 of the council packet)

Wylie said OK, then let’s move on to Item #7, which is the city manager’s report for June 10th, 2024, and Smith has that in the packet about permit parking, EGLE [Michigan Environment, Great Lakes, and Energy] audit meeting, a busy week, and clerk replacement. I think, oh, there is one, oh that was a truck repair.

Wylie said I did see a date in here under the EGLE meeting. So, it says halfway down, June, Tuesday, June 9th, Smith is meeting with EGLE. Smith said yes, tomorrow. Wylie said today’s Monday, June 10th. Must be the 11th. Smith said yes, the 11th, sorry, thank you.

Wylie asked Smith if there was anything else he wanted to add.

Smith said well, back up to permanent parking, I was hoping to gauge, get some guidance from council. So, he’s getting a lot of requests, not a lot, but some requests for permit parking. They claim it’s not so much the money, it’s more about the inconvenience of going to the parking kiosk every day. So, they would like some kind of permit parking system. We have two contractors involved in our parking system. Passport, which does all the electronic stuff, and Traffic and Safety, which does all the hardware. I reached out to both of them. Passport says they do not have a provision for permit parking, but Traffic and Safety does. Their, basically, recommendation, though, is that you need to get council approval on what the charge should be. They recommend a monthly pass, and they say, OK, if you add up all the hours in a month, 30 days, we charge for five hours Monday through Friday, Saturday is 11 hours, and Sunday is free. So, if you add all that up, and apply it times a dollar, an hour is a dollar, then somebody to park here all month during the paid hours would incur a cost of $140. The recommendation, typically, is you give them 50% discount. Some cities do as high as 70% discount. I took a calculation of $60, what would $60 a month be? That would be a 57% discount off of the $140. It’s just a number I took. To bring it from $140 if you paid all day, every day, down to a discount of $60. Smith said now, we just need some guidance. I’m looking for some guidance. First of all, do you think it’s okay to offer a discount, a monthly discount? And secondly, what do you think that discount should be?

Wylie said I just have a question. Doesn’t paid parking on Monday through Friday start at four o’clock? Smith said four. Wylie said so, these are businesses, it’s not like the realtor, maybe it is realtors. Smith said it’s realtors, it’s the dentist office up here, most notably. It’s even the waitresses and waiters at the restaurants. Wylie said OK. Smith said I talked to a mom today that said, my daughter works here, she’s 15, just going on 16, and I don’t want her walking down to some of the farther parking lots at night. So, we have to pay to be in a closed lot. Smith said yeah, all the closed lots are the paid lots, you’re right. So, she says, well, what can you do for some kind of discounted program? So, it’s not uncommon to be asked this question. I just want to address it once for all. If you don’t want to do permit parking, and it’s just a dollar, as long as you’re here from five to nine on that, then you gotta pay $4 or $5 every night.

Wylie said right. OK, I don’t have a problem with the permit or the cost. I know Quisenberry has some.

Quisenberry said I do. We just spent a lot of time going over our budget and looking at our sources of income and the parking fund. How much of a hit is this going to have on our income derived from the parking, going into the parking fund that we’ve been using for our 302, 4, what are they? The road funds. Smith said right. Quisenberry said how much do you project is going to be now lessened. Smith said I don’t think it’ll be lessened at all, it might actually be increased because we would get some kind of loyalty out of these people that are paying on a regular basis. Right now, what we’re finding is a lot of them are trying to just sneak in and play this little game with moving their car around. If we gave them a simple solution, I think more of them would actually pay. Now, to a busboy, $60 a month is a lot, but they’re not here every night, so they might say, I’m not gonna do the permit thing, I’ll just pay when I’m there. To a dental hygienist, $60 a month might be worth every penny to them because they don’t have to walk to their car in between clients and this client’s early and this client’s late and they’re sitting there in the chair and they’re waiting while she has to walk down to the kiosk and pay. I said, well, there’s a phone app you can use. We don’t like phone apps. OK, well, then you have to walk to the kiosk and pay. That’s when this whole thing about a permit system comes up.

Rodgers asked Smith, how many do he think, like, would you have a specific number? Like, there’s 20 possible permits and once those 20 are, you know, bought, then the rest of it’s open. Is there going be specific spots for them so that when they come here, there’s, like, I know that most of the time there’s a parking space available, but if they buy a permit then, do they have a spot that they know that they can come to? Smith said very good question, and no, I wasn’t going to put a cap on how many we offer, but we would put a very clear disclaimer on this that there is no guarantee that you come here on a Friday night at 6 p.m. and there’s going to be a spot in the slot for you. That would have to be very clear that it’s on a first-come, first-served basis.

(To Smith), Wylie said you’re going to come back, once you meet with them, you’re going to come back with what the final, we get to vote on the final thing. Smith said yes.

Wylie recognized Roth for a comment.

Roth said how are you going to, if you have, I mean, if you take all of those, all of the retailers and everybody down there, are you going to limit how many each of them get? You know, once Robert [Esshaki] opens his place, he could take your whole parking place possibly, just as an example. So then if Kevin Harrison wants four, then somebody else wants, are you going to try to – Smith said no. Roth said just, so, whatever they want? Casey said you still come first served. Smith said it’s first-come, first-served. Roth said yeah, but at some point the lot will fill. Smith said yeah, I don’t think that’s going to happen. I don’t think a lot of people are going to, you know, go for this $60 a month. Roth said so, the shoppers will still, I was, that’s my question, the shoppers. Smith said shoppers, I think, will definitely just pay the dollar, because there are a lot of people. Roth said oh, no question, but will there be a place for them to park? Smith said right. Yeah, and I don’t think the busboys and the waitresses, they’re not making enough to this warrant. Now, if I made it $10 a month, they’d be all over it, and I’d have a major problem, I’d have too much demand. But I think at $60, it’s a kind of a middle point that most people just say, yeah, I’ll take my chances at a dollar an hour. Some even say they’ll take their chances of getting a ticket and they don’t pay at all. And so, people come in and say, tell me that. I’ll just take my chances and see if I get a ticket.

Lamphier said so, the permit’s available to anyone? Smith said it would be available to anyone. Lamphier said anyone, I could buy one. Smith said you bet. But it’s only good for that month.

Wylie said anybody else have questions? Did Casey did something?

Casey said is there going to be an administrative burden here or will the company take care of it? Roth said good question. Smith said now, once we put them in the system, they pay their $60, or whatever the number is you agree on, and we put their license plate in the system, and it’s good for that 30 days. So, I don’t have to do anything. When my parking attendant goes up to that license plate and he’s got his phone app open, he says, oh, it’s paid. They’re good to go. So no, it’s no administrative addition to us at all.

Wylie asked Forte if she had something. Forte said she just thinks it’s a great compromise between, like, the business it is and us, and if it works out for a win for our budget, like even more so. Smith said yeah.

(To Smith), Casey said what did you say the discount was if it’s 60 bucks? Smith said 57%. Casey said OK. Smith said I’ve heard some do more, some do less. So, this is kind of in the middle.

Forte asked Smith so, what’s the next step. Smith said I would have to bring, if it seems like it’s something that council’s generally in agreement, I’d bring to the next council a resolution to approve this spending level. Well, it’s not spending level, just permitting structure that’s $60 a month.

Casey said how long would it take the company to make it work? Smith said it’ll be instantaneous. The system is already ready for it. Casey said OK. Smith said so, they don’t have to do anything. I don’t have to do anything. I just have to tell the people that have been asking, and most notably the hygienist at the dentist’s office, here’s the fee, $60 a month. You’ve been asking for a permit system, here’s the fee, take it or leave it. If you leave it, you can still park here at $1 an hour, but you have to come out and feed the meter, or you can park down the street somewhere else where it’s free.

(To Smith), Wylie said do you have what you need then from us on this item. Smith said I think so. Wylie said OK. Smith said some general feedback, yes. Wylie said OK.

(To Smith), Wylie said did you have anything else on the EGLE or busy week or clerk replacement?

Smith said EGLE, tomorrow, in my time here, which is seven and a half years, we’ve never had an MS4 [Municipal Separate Storm Sewer System] audit, but I’m having one tomorrow. We’ll find out what this entails. So EGLE from the state of Michigan will come here. They have a lot of questions for me and Turner, and HRC [Hubbell, Roth and Clark, contract city engineer] who does all of our audits, they do the water outfall samples, and do all that testing. They will be here. So, we’ll just sit down and meet with them, and then at some point they do a little field trip around the city to see all of our outfalls, where water from a storm drain is going into the mill race, or into the Mill Pond. They’ll be looking at all those points, picking some examples. I think there are, I don’t even want to go there – Chet Pardee said 13 – Smith said 13 places in the city where they can do that. Now, tomorrow it’s not going to be raining, I don’t think, so it’s going to be pretty dry, but they can at least look at the residue, what have you, in the area. So that’s tomorrow. I don’t know what to expect, but we’ll try to ace our audit, we’ll see.

Smith said yeah, a lot going on this week. The sewer cleaning is still going on. The sanitary sewer cleaning is still going on.

Smith said we’re also starting our sidewalk cutting, which is phase one of our sidewalk program this year. Phase one is cutting, and it turned out to be real close to 50-50. 50% of these heaved slabs are candidates for cutting. We’ll do that first. And then the other 50% we’ll take on in the new budget year, and those will be full replacements. For one reason or another, they’re not candidates for cutting. So, it’s real close to 50-50. So somebody asked, and I have had people ask, hey, they spray painted this slab in front of my house, or my neighbor’s house, but not the one in front of my house. What’s going on? And I said, well, that’s probably because the one in front of your house is too decayed, too hipped up. You know, if it’s up too much, we don’t want to take off too much of the concrete to make it weak. So, there’s all kinds of controls in place on what goes what. What’s phase one, what’s phase two.

Smith said we’re also doing some parking space striping. That’s actually this coming Monday.

Smith said and then the landscape beds, coping tiles around the landscape beds here in Depot Park get replaced. I thought they were going to be out today, but they weren’t, so hopefully tomorrow.

(To Smith), Casey said so then have the sidewalk sections been indicated somehow – Smith said yes – (continuing), Casey said for either cutting or replacement? Smith said just for cutting, not the replacement phase. This is just the cutting phase, and yes, it’s an orange stripe, not to be confused with an orange dot, which is being used by another contractor of some sort. Casey said so, if it’s an orange stripe, that means it’s going to be cut. Smith said yes, exactly. Casey said and the ones that are going to be replaced are not marked. Smith said not marked, right. Because that’ll be more like in the August timeframe. Casey asked what’s the timeframe on the replacement? Smith said August. Casey said August, okay. Smith said August, September timeframe, yeah. Casey said all right, thank you. OK.

Smith said and then the clerk replacement. They talked about truck repair. I initially put it here in my city manager report, but we kind of replaced that with the actual resolution, so we don’t need to talk about that. Smith said so, that’s all I have.

Rodgers asked if she could ask some questions. Whatever happened with your meeting with MDOT [Michigan Department of Transportation] and that Teams meeting with Smith they were going to have last week? Smith said it couldn’t have been more disappointing. They said, once again, as I said in this council meeting, well, there have been no fatalities there. Yeah, what’s your point? I just said, you know, there really haven’t been a whole lot of accidents there. Very few, we don’t see any accidents at, at least not reported accidents, at Depot and Main. They do see some reported accidents at Clarkston and Main, and even a couple at Washington and Main, but nothing at a Depot. Rodgers said are they talking car accidents or people accidents? Smith said all of the above. So, the other two intersections, Clarkston Road and Washington, they have agreed to look into the data, look at the equipment, making sure all their lights are working, functioning properly.

Casey asked which intersection was that. Smith said Clarkston and Washington Road, Washington, both intersections with the traffic lights. They just want to make sure that they’re working properly. I said, I know the buttons don’t work, because one of their contractors told me this. At Washington, you can push the lock button all you want, it won’t do anything, it’s not connected. So, they said, we’ll look at all that, we’ll make sure everything’s working properly, and then we’ll get back to you. So, well, okay, when will that be? Can we schedule the next meeting? No, we’ll get back to you. OK, what about the idea of changing the timing? This is a question I asked, so that the pedestrian can push the button and get even just a three-second head start across the road. I think if the person’s in the middle of the road, he’s less likely to get hit. So, when they’re first starting out, that the driver making a left turn or something doesn’t see them. So, let’s just give them a head start so they can get going first. They said, we don’t think that that’s justified in this case, but we’ll look into it. When I said, I know MDOT’s priority is about throughput, getting cars through, and I get the importance of that. We have a lot of cars in our city. But I know that’s your first priority. No, no, no, that’s not true at all. Safety is our first priority. Wylie said oh, I don’t believe that. Smith said well then, if safety, then why not this pedestrian button? Well, if the equipment’s not allowing for that, then we’ll have to, we’d have to install equipment, and that’s, we may not have budget for that. What if I paid for it out of the city budget? It can’t be that much. Well, that, no, we can’t use your funds.

Smith said OK, so let’s talk about Depot and Main. It’s, we have a crosswalk there, and I understand all the, the majority of the parking in our city is on the west side of the road, and the majority, not all, but the majority of our restaurants are on the east side of the road, so hence you have people crossing from the west side to the east side, and vice versa when they go home. It’s a continual problem, and yes, they could go down to the traffic light and cross there, but most people are in a hurry, and they want to cross at Depot Road, so we have the Yield to Pedestrian sign in the middle of the road, and they said, yes, that’s not an accepted practice, but we’re leaving it there. We’re not harassing you about that. I said, OK, but what about, I’m not asking for a hawk signal that just flashes in people’s face, but what about a very simple pedestrian-activated button where the yellow diamond that says pedestrian crossing here, you have LEDs around, I’ve seen these. They’re around the perimeter of the yellow diamond sign, and it just kind of flashes. It doesn’t, it’s not a beacon in the driver’s eyes. What about that? No, it’s not justified for this two-lane road, 30 miles an hour, no fatalities, it’s not justified. What if I pay for it? Not justified, whether, whoever pays for it, it’s not justified.

Rogers said is that road, isn’t that road a state highway? Smith said it is. Rodgers said so, crossing without a crosswalk, without any kind of signal across a state highway is not a concern of theirs. Smith said their comeback over and over and over and over again was two points. Rodgers said the fact that two tractor trailers rammed into buildings very close to those crosswalks, so there has been accidents and issues, maybe not at the particular crosswalk, but within that state highway, that it should not be a concern for the safety of our citizens here at all. Smith said they look at each intersection on its own, so those truck accidents that you referred to, they weren’t at that – Rodgers said at the intersection – (continuing), Smith said at the actual intersection.

Smith said so, they kept emphasizing two things you need to do, I need to do. Education and enforcement. Education and enforcement, just over and over and over again. So, education, I need to be putting pamphlets in the locations that these people are going to. So, I can’t imagine, you know, a restaurant or a – (interrupting Smith), Rodgers said right now they’re not stopping in town. They’re getting off at 75 to avoid the construction and flying through the town. Smith said well, they’re talking about the pedestrians. Smith said I can’t imagine how to educate the drivers. They’re flying through (unintelligible). Rodgers said right. Smith said but the pedestrians, try to educate them by putting pamphlets in all these storefronts and on their front counters next to the cash register. Wylie said I can’t see it happening. Casey said (unintelligible) watch out for cars. Smith said watch out for cars. They hurt when they hit you. Wylie asked how do these people sleep at night?

Smith said so, and then they say enforcement, and I said, my Oakland County Sheriff tells me he’s got three officers on his shift when he should have eight. Can you imagine my request for enforcement getting much attention? Crickets.

Smith said so, it was a very, very frustrating meeting. It went nowhere. Absolutely nowhere. And they said they’d get back to me on the other two roads, make sure that their signals are working properly, but they have absolutely zero interest in doing something, even if I paid for it, at Depot and Main. So, they’ll at least look into Clarkston Road and Washington Street, but not a lot of good news came out of that.

(To Smith), Pardee said if you can give me some email addresses, I’d like to give you some help. I’ve had two interactions in the last week and a half with drivers turning right to go north on M-15, and I’m with me, in this color [holding up an orange jacket], and my dog, and I beat on the hood of a woman who was about to run us over, and she said, you about scared me to death. (Unintelligible crosstalk.) Pardee said and then she said go to (gesturing), and then as she pulled away, she said go to hell, and then she came back around and said, I’m sorry, I’m sorry, I’m sorry. So that was one instance, and then – Lamphier asked what intersection was that? Pardee said he’s sorry? Lamphier said what intersection was that? Pardee said this is at Clarkston Road and North Main. So, if you’re coming west on Clarkston Road, these are cars that want to turn right, and they want to turn right when the traffic is clear south on Main. So, they’re looking this way (gesturing), sometimes through tree branches, and I’m coming south, and I’m in front of the truck, two trucks. So, then the next guy, so then that was earlier this week, then I said, why are you looking at me like that? And I said, you just broke the law. Again, he’s way beyond where you ought to be. Anyhow, so I got those two instances. I was struck on my bike and made a report to the sheriff two years ago. Smith said OK, I’ll dig that up. Pardee said and Bruce [Percival] got hit on his bicycle crossing here (gesturing). So, I don’t have a death certificate to report, but these are kind of near term, and I know I’m going to get myself in a physical altercation with somebody because I’m not going to stop banging on the hood to get him to stop. Smith said very frustrating. Pardee said so, right, but I think these guys, all I’m looking for is no right turn on red. (Smith made an unintelligible comment.) Pardee said no turn on red.

Wylie said they don’t even see that, but what you were talking before, that three-second to five-second timing, that does make a difference. People make a right turn on red, they’re heading eastbound on Washington, and they turn right onto Main Street to go south all the time, even though it says there’s no right turn on red. Half the people ignore that, I think. But the timing on the light would work, because then you are, you know, like I say, they’re looking the other direction, and if you’re in the intersection crossing, they do see you.

Pardee said the Road Commission of Oakland County said we don’t have anything to do with changing the signal at Clarkston Road in North Main. That’s MDOT. So, those are the people that Smith is trying to work with. Smith agreed. Wylie said hopefully Smith will keep working on it. Pardee said so, I’m going to feed you some information about these incidents. Smith agreed.

Wylie said OK, anything else on city manager, from anybody on council, from Smith?

Pardee said so, for tomorrow’s audit, is there a time set? Smith said nine o’clock. Pardee said nine o’clock. (To Smith), Pardee said are you okay if I come to listen? Smith said yes. Pardee said three years ago, I filed a FOIA [Freedom of Information Act request] related to MS4 and didn’t get a bill related to MS4 reports. What I got was, no flow, no flow, no flow, no flow. That’s how I know the 13 of them. But, it’ll be interesting to see what HRC brings as evidence, because my – (Wylie said “Chet” and made a “T” with her hands.) Pardee said I’m sorry. Wylie said that’s OK.

Wylie said anybody else have any questions or comments on the city manager’s report.

No comments.

Agenda Item #8 – Motion: Acceptance of the Consent Agenda as Presented 06-10-2024 (Video time mark 0:34:52):

    • 05-13-2024 Final Minutes (page 7/41 of the council packet)
    • 05-28-2024 Draft Minutes (page 10/41 of the council packet)
    • 06-10-2024 Treasurer’s Report (page 12/41 of the council packet)
    • 06-05-2024 Check Disbursement Report 05-01-2024 – 05-31-2024 (page 13/41 of the council packet)
    • Thomas J. Ryan, P.C., May 2024 billing (page 18/41 of the council packet)

Wylie said OK, let’s move on to Item #8, a motion for acceptance of the consent agenda as presented 06-10-2024. It includes final minutes from May 13th, draft minutes from May 28th, treasurer’s report from June 10th, and these documents are attached. Let’s make a motion first on this consent agenda, and then if there’s any discussion, we can have a discussion.

Motion by Rodgers; second Quisenberry.

Wylie said any discussion from council on the consent agenda.

No discussion.

Wylie said any discussion from anybody else.

Wylie recognized Pardee for a comment.

Pardee said yes. (To Smith), do you know if we have any 2023-24 budget departments that need to get adjusted in our next meeting? Smith said there are a couple, yes. Pardee said OK. Smith said so, there will be a budget amendment. Not uncommon at the last meeting. Pardee said right, I get it.

Motion to accept the consent agenda as presented passed by unanimous voice vote.

Wylie said and the consent agenda for June 10th is accepted.

Agenda Item #9, Unfinished Business (Video time mark 0:36:10)

Item #9a – Second Reading & Resolution: Proposed Ordinance Changes to Enable Our Code Enforcement Officials to Issue Citations (Video time mark 0:36:13):

    • Resolution – Modification of Section 10.11 of Clarkston Municipal Code (page 21/41 of the council packet)
    • Marked Up Ordinance (page 22/41 of the council packet)

Wylie said moving on to Item #9, Unfinished Business. We’ve got a second reading and resolution of the proposed ordinance change to enable our code enforcement officials to issue citations. (To Ryan), does this need to be read again, Tom? Ryan said yes, please. Wylie said OK. It does say second reading here.

(Wylie read the resolution.)

Wylie said so, I need somebody to resolve this resolution.

Resolution by Forte; second Rodgers.

Wylie said is there any discussion from council? This is a separate meeting. I think we talked about it.

No discussion.

Wylie said anybody else.

Wylie recognized Pardee for a comment.

Pardee said will the escalation policy that’s intended to be provided with the citation be available in the next 20 days? Ryan said yeah, that’ll be at the next meeting. We’ve had a few other things that happened since the last meeting. Pardee said OK. Ryan said it’ll have to be approved by city council at a resolution at a public meeting, which will be here for the next meeting.  Pardee said thank you. Wylie said that takes care of that.

Wylie said anybody else have any questions or comments?

No comments.

Wylie said then we will need a roll call, and Jonathan, that’s up to you again. Smith said OK.

Casey, Forte, Lamphier, Quisenberry, Rodgers, Roth, and Wylie voted yes.

Wylie said and that checks all the way across, so the resolution is adopted.

Item #9b – Resolution on Ratification of City Truck Repair Costs (Video time mark 0:38:59):

Smith said now we are on 9b. Wylie said yes. So, now we have this where we had an amendment to our agenda. We have Item #9b, a resolution on the city truck, Ratification of City Truck Repair Costs. And people on council, we have on the table in front of you.

(Wylie read the resolution.)

Wylie said and before we do any discussion, the bill, the paperwork is attached. Smith said yes. Wylie said would anybody like to resolve and make a motion on this resolution?

Resolution by Casey; second Quisenberry.

Wylie said any discussion from council.

Wylie said so, the term ratification just means it’s already been approved. Smith said yeah, it’s approved.

Casey said I’ve looked over the particulars on this bill and this repair looks very reasonable to me. Wylie said OK, Okay, I know nothing about repairs, so don’t count on me.

Rodgers said and it was something you didn’t have a choice for, right? I mean, we need this truck and – (interrupting Rodgers), Smith said we use this truck every day and it’s not something that the Ford dealership can repair. You have to take it to these upfitters. So, they take a truck and they put on all these accessories. So, one of the accessories that we have on this truck is this big hydraulic system to run anything from snow plows to salt spreaders and other things that are all hydraulically driven. So, it’s got this massive hydraulic, steel hydraulic tank. So, he says the new ones are all stainless steel, but this one is the old school steel tank and it just rusted out. It’s not something that the Ford dealership has. It’s not, Jimi could have installed it with his skills, but it’s not something he could get. This upfitter has kind of a super-secret line on this kind of stuff. So, $527 just for the tank and $935 for labor. So, the rest of it is pretty much fittings.

Rodgers said it stainless steel now. Smith said no, it won’t fit. The new ones are stainless steel, but there are the different body designs so it won’t tuck up under there in the space that is available on the old truck.

Wylie said and this is not the larger of the two trucks? Smith said no. Wylie said this is the small. Smith said well, we call it small (unintelligible).

Lamphier said so, we’re replacing the original. Smith said we’re replacing the original. Lamphier said we’re hoping to get 10 years. Wylie said 10 years. Smith said well, we got 10 years out of this tank, yeah. 2014 to 2024.

Wylie said anything else from anybody on council.

No comments.

Wylie said anything from anybody in the audience.

No comments.

Wylie said OK, we need another roll call, Jonathan. Smith said OK, I’ll start with Roth.

Roth, Wylie, Rodgers, Quisenberry, Casey, Lamphier, and Forte voted yes.

Wylie said OK, checks across and the resolution is adopted. Thank you.

Agenda Item #10, New Business (Video time mark 0:43:12):

Item #10a – Resolution: Proposal to Purchase Social Media Archiving Software for FOIA [Freedom of Information Act] Requests (Video time mark 0:43:15):

    • Resolution – Social Media Archiving Software (page 23/41 of the council packet)
    • Bid Comparison (page 24/41 of the council packet)
    • PageFreezer Order Form (page 25/41 of the council packet)
    • CivicPlus Proposal (page 26/41 of the council packet)
    • Jatheon Technologies Email String with Clerk DeLorge (Page 27/41 of the council packet)

Wylie said now we are on Item #10a, resolution, Proposal to Purchase Social Media Archiving Software for FOIA [Freedom of Information Act] Requests. This is something we talked about at the last meeting during the social media discussion and I think Karen [DeLorge, former clerk] was the person who especially led the discussion on the need for archiving software.

(Wylie read the resolution.)

Wylie said we need somebody to resolve or make a motion on this resolution.

Resolution by Forte; second Wylie.

Wylie said and is there any discussion on council.

Roth said I have a question. Why do we need Facebook? Smith said we’re just using this communication, just as a way of reaching people that don’t use a lot of websites. Roth said we have a website. Smith said they don’t use websites, they use Facebook and websites in some of the younger adults are becoming kind of passé and they just don’t use it as much. Not to say it’s ever going to go away, I don’t mean to imply that, but Facebook is something they use all day every day. Roth said oh yeah, no, I just wondered with the advantage that some of the things, there are options, I just wondered. Smith said well, this software will back up our website too. Roth said she saw that. Smith said so, if we take something off of our website and we get a FOIA request that last January you had something on your website and it’s gone now, but I want a copy of that. The PageFreezer or whatever software would have that backed up as well as the Facebook sites that might have been added and deleted. So, it does both now.

(To Smith), Rodgers said how many social media accounts do we have. Because like PageFreezer says up to two. Smith said for this price, up to two. And we only have two right now, we just have Facebook and our website, our main website. So, two happens to work well with us. Civic Plus had up to 12 accounts, but unless we were to add it, what was it, Instagram? Somebody suggested maybe one Instagram account. I don’t want to go too crazy on this. Facebook seems to reach a lot of people and the internet, just kind of websites, so I think that’s good for now is those two accounts.

Smith said the Jatheon price is very attractive, but they don’t back up the websites. So, we had to say no to that. So, we think PageFreezer is the best deal of the three, even though Jatheon is cheaper.

Wylie said I had read before all this that a lot of government municipalities and states use Facebook a lot for emergency stuff, or say the water is not working, just because people so often, like you said, people are on Facebook so often and they can get, you’re not going to necessarily look at the website all the time, but you might get that notification from Facebook that there’s a problem.

Wylie said any other discussion from council on this resolution.

No discussion.

Wylie said anybody else.

No discussion.

Wylie said and we need another vote. Smith said OK.

Lamphier, Quisenberry, Rodgers, Casey, Forte, Roth, and Wylie voted yes.

Wylie said and the resolution is adopted.

Item #10b – Resolution: Approval of the 24/25 Fiscal Year Budget (Video time mark 0:48:30):

    • Resolution – 2024-2025 Fiscal Year Budget (page 28/41 of the council packet)
    • General Appropriations Act 2024-2025 Fiscal Year (page 29/41 of the council packet)

Wylie said we are on, so that was Item #10a. Item #10b is Resolution, Approval of the 24-25 Fiscal Year Budget. (To Smith), Wylie said I’ll have you take over.

Jonathan Smith:

Smith said all right, so in our last meeting, of course, was the budget public hearing. We went through all this, and to some it may have been excruciating detail, but very important. So, in tonight’s meeting, all I was going to do was go through what we call the General Appropriations Act. This has all the key facts of the budget, and this really becomes the legal document as required by the Uniform Budgeting Act, State of Michigan Uniform Budgeting Act that we follow. So, I’ll go through this kind of quickly.

The first couple are just, first two sections are just kind of high level, that we do have a public hearing, and then we levy this millage. So, this was in the public hearing, our millage rate, as we talked about with the Headlee rollback, will be dropping down to 11.6697, less the library millage, and so what’s actually being put onto the tax bills will be the actual millage of 10.9787 for the total year. Of course, that’s cut in half for the sum of our taxes.

So that’s the millage rate. In section four, we talk about the adoption by budget and fund, and we’ll get into those details a little further down with all those individual numbers are shown.

Section five just talks about the payment of bills. This is standard practice for us, that the city manager is limited to $500, and anything else has to come to city council for approval. And we bring this to the city council on a regular basis, the status of our accounts.

In section six, we talk about salaries and hourly rates. So, as I mentioned in our previous meeting, after doing research, we feel four percent is an average. We’ve seen surveys that go from four to six percent, some even seven percent, but we feel four percent is a good average increase year over year for the staff.

And I made one exception, and that was with Jimi [Turner], because I have talked with Jimi specifically about what he needs to stay, and we agreed on a six percent increase for Jimi. That’s still below what Independence Township is paying, but it’s a number that Jimi said he would be happy with. So, four percent across the board, six percent for Jimi. That’s the proposed increase.

Then in section seven, now we start going through the individual numbers. Again, I’m not going to go through these line by line, because we did that last week, two weeks ago. What this shows is in section one here is the fund 101 income expected is $856,000. Largely, the biggest increase of that, of course, is the actual tax, and that’s not because our millage is going up, our millage is going down, but assessed values in the city have made some healthy improvements. So, while Headlee is driving the millage rate down, our actual income is going up because of property tax, the property assessed values are going up. That also means your actual market value is going up. Everyone should feel very good about that. Market values have done very, very well in Clarkston in the last five to seven years. Well, Lamphier’s a (unintelligible), you know that. (An unidentified, off screen person said thanks, Mark.)

Smith said on the next section, we get into the 101, expense side, or appropriations, and there we show total appropriations of $851,000. Year-over-year, that would be a 5.2% increase.

And then 202 and 203 are shown next. 203, as we talked about, we’ll be taking $100,000 out of that balance, fund balance of the 203 account, and using that for roads this year. So, that’s where we’re going to have that local street fund 203, something we’ve been paying into for years and years, we’re now going to tap into that this year to do some road paving. So, without any tax increases or bond debts or anything like that, we’re going to get some road paving done this year. I think this fiscal year, I don’t know if it’s going to be before winter or not, but we’ll try.

So then, speaking of that, we go into our 401, capital project fund. Again, we talked last time about what all these are about, the different project funds. The big one, obviously, is the $200,000 for road work. None of that’s coming out of the fund balance, or the 101. Half of it’s coming out of the parking fund, and the other half is coming out of the local road fund, that 203. So that’s great news that we’re able to do a lot of road work without touching the 101 fund balance at all.

The 101 fund balance is, however, covering all these other expenses listed, including $40,000 for that sidewalk replacement. That’s phase two that I was talking about earlier in the meeting. So, in total, at the bottom right-hand corner, you see we have $326,000 of expenditure planned for this year. That’s a lot for this small city. So, that’s not sustainable. It’s not something we could do every year. But we’re doing it this year because we’re taking $100,000 out of the fund balance, or out of the parking fund, and $100,000 out of the local road fund. So, I think this is a really strong story, and we’re doing a lot of good things, improvements for the city and at the same time, keeping our fund balance at an appropriate level.

So, the last few sections, specific appropriations. In section 8 just kind of use what I just said.

Section 9 is about periodic financial reports. That’s something we bring to council, of course. Every other meeting, we bring either the fund balance or the recent expenditures or checks written.

Section 10 says we will monitor the budget throughout the year, and as any needed changes or amendments are needed, we bring those to council for approval.

So, that’s the Appropriations Act.

What this does not go into is the fund balance, and I had slides on that in the last meeting. And if we spent all those things I just talked about in the 401 Capital Improvement Fund, this will take our fund balance to 17.5%, which is kind of on the thin side. We’re currently at 32%, which is kind of on the fat side. We’re going to bring this down to a more reasonable level. You might say 17% sounds a little too tight. 16.6% is the minimum we can have for our charter [the fund balance requirement was set by the city council, not the charter].

But as I mentioned in the last meeting, something we’re going to talk about tonight is we expect a little bit of a windfall here from overpaid expenses, overpaid police and fire protection. [Note: These expenses have been overpaid for years by our city employees, including the last seven-plus years under Smith’s management. Our refund is apparently going to be limited by a six-year statute of limitations.] So, we expect a little bit of windfall, and that should hopefully buoy our fund balance up considerably, up more in a 20% range. So, I’m very comfortable with, in this projection, without any assumption that we’ll get any money, we’re still at 17.5%.

Smith said so, that’s the Appropriations Act. That’s all I was going to go through here today. Any questions on that or anything I talked about last meeting?

No questions.

Wylie said let me go through the resolution then.

(Wylie read the resolution.)

Wylie said so, I need somebody to make that resolution.

Resolution from Quisenberry; second Roth.

Wylie said any discussion from anybody on council.

No discussion.

Wylie said anybody in the audience.

Wylie recognized Pardee for a comment.

Pardee said the minor adjustments that were made subsequent to the last, can I have access to those tomorrow or the next day or sometime? Smith said absolutely, I don’t mind publicly stating what those are. It’s a good question. So, it was to do with the Christmas market. So, in the public hearing, Rodgers asked about it, so we had $2,500 in both revenue and expense. We have simply reverted that back to the way it was last budget year, I should say current budget year, where there was no expectation of revenue and there was $1,000 of expense. So, it went from $2,500-$2,500 to $0-$1,000. So, just to make that, that’s the only change made to the budget from the public hearing to today.

Wylie said thank you and asked Pardee if that answered his question. Pardee said so, we essentially added $1,000 of revenue? Smith said no. Rodgers said the market is not a revenue generating event. And so, in the initial budget, it appeared as if it was. So now, it goes back to the way it always was. It’s a city-sponsored event for the community free of charge. So, we give – Wylie said so, $2,500 was removed from expenditures and $2,500 was removed from income. Smith said income. But then we added $1,000 for expenditures. So, net-net expenditures went up $1,000.

Wylie said anybody else have questions.

Wylie recognized Casey for a comment.

Casey said I’m looking at the chart, at the bar graph for the millage levy. Wylie said under the General Appropriations Act, that first page. Casey said yes, and I’m concerned that Headlee has had a devastating effect on our revenue, and I know it’s been made up for by property value increases. My concern is, I don’t know that we can long-term rely on property value increases at the rate they’ve been going. And we’re levying less than the maximum available, allowable. So, is there any thought as to increasing the millage rate slightly? Smith said not at this time. But it is a lever that could be pulled at some point if needed. Now, keep in mind that if inflation, which is what happened last year, if you look at that bar chart in 2023, year over year, it did not change at all from 2022. And that’s because there was so much inflation that, you know, it was costing consumers in other ways, including the municipality, hurting us. So, then Headlee has a, basically there’s an escape clause in the Headlee agreement [Headlee is a voter-approved amendment to the Michigan constitution] that says if inflation is so high, they don’t require a step down. So that’s what kind of kicked in in 2023. This year, inflation is back down, at least at this time, it’s back down, so Headlee kicked in again. And so, we were forced to do a 1.4% reduction in the maximum allowable level. But, so, there is a little bit of protection in that regard, Gary, that if things got really crazy, you know, inflation might, inflation rate might mean that we don’t have to do a reduction. But if, let’s say there’s another 2008 situation where property values just dove, there’s no question that we wouldn’t be able to, we’d have to do some serious cutting back. I wouldn’t say that we’d be in financial trouble, I think we’re, overall the city’s in good financial condition, but we’d have to make some tough choices on what cutbacks we’d want to do to make things balance. So, it’s an observation that you’re making, and it’s one that Greg [Coté] and I have talked about many, many times, is that, OK, we’ve been fortunate in our time here that property values are offsetting the reduction from Headlee. Casey said that’s his concern. Smith said but someday that, you know, if you had another 2008, that’s going to hurt, and it takes years for you to kind of recapture because Proposal A stops you from how fast the values can climb back up again. So, if you had a 2008, and a drop, and then you start to build back up in 2010, 11, 12, we were climbing up, but Proposal A was slowing how fast you could make up. So, it just stretches out the pain period over many years. Casey said and it’s going to happen again. Smith said no doubt. Casey said it’s just a question of when. Smith said yup.  So, yes, we have talked about it. Are we talking about anything right now? No, but there are some levers we could pull to get to it.

(To Pardee), Wylie said hang on before you – anybody else have council questions? (To Casey), Wylie said are you OK? Casey said he’s done.

Wylie said OK, anybody else have questions.

Wylie recognized Pardee for a comment.

Pardee said I just want to emphasize what Jonathan’s saying. We’ve got a bit of a cushion that doesn’t show in here. We’ve got $81,000, 202, 203. Smith said yup. Pardee said and then we’ve got $86-plus that likely is going to come from Independence Township, and that really isn’t showing up in any fund balance or anything like that. Smith said that’s correct. Pardee said that’s what has me sitting as opposed to (pointing to the podium). Smith said yeah, you’re absolutely right. There’s some good news in this story. And if things really went south that fast, things like road repair and sidewalk repair would come to a dead halt. Full stop. And you just focus on the bare minimum. So, there are things that can be done that haven’t been done in the past will have to be resurrected and done again. But at this time, we’re still in a good, comfortable condition. We’ll just continue to monitor it. Casey said thank you.

Wylie said OK, we will need a roll call on this once again. Smith said OK.

Ryan said did somebody (unintelligible). Wylie said yeah, we do. We have Quisenberry and Roth. Ryan said OK, thank you. Wylie said thanks for reminding us. I do, fortunately, write things down. Smith said that’s what I do too (unintelligible). I’ll start with Wylie.

Wylie, Roth, Rodgers, Quisenberry, Lamphier, Forte, and Casey voted yes.

Wylie said OK, so the motion is adopted. And Jonathan, you’ve got a, there’s something that has to be filled in. This is the roll call vote results for ayes, nays, absent, and zero. I don’t – Smith said we don’t have any of those. Wylie said we don’t have any of those. OK, I just want to make sure you got that.

Item #10c – Resolution: Approval of the 24/25 Fiscal Year Millage Rate (Video time mark 1:08:35):

    • Resolution – Establish the Millage Rate for the City of the Village of Clarkston for the 24-25 Fiscal Year (page 35/41 of the council packet)

Wylie said OK, we’ve got resolution. Item #10c, resolution, Approval of the 24-25 Fiscal Year Millage Rate.

Smith said so, this is something we did last time for the first year. With Ryan’s help, we put together a resolution. This essentially authorizes Coté to print the tax bills. It’s based on the millage rate we just approved two minutes ago. So, it’s just reemphasizing those rates, and it allows Coté to get the July tax bills started now. That’s why we’re doing this now. We used to wait two meetings just to give you more, you know, time to kind of think about the budget. But because Coté has to get the tax bills printed, that takes a week or two, and they go out the door on July 1st. We have to bring this to you tonight. Wylie said OK.

Wylie said so this, again, is in our packet.

(Wylie read the resolution and confirmed the dates of the tax bills.)

Wylie said and we need first, and this is a resolution, so we need two members, first and second.

Resolution by Rodgers; second Wylie.

Wylie said any discussion from anybody on council.

No discussion.

Wylie said any discussion from anybody in the audience.

No discussion.

Wylie said then we need a roll call. We’ll just have to use a different – Smith said yes.

Quisenberry, Lamphier, Forte, Rodgers, Roth, Wylie, and Casey voted yes.

Wylie said and that is adopted unanimously, and again, we’ve got that same paperwork fill out present, nay, absent, and we are adopted.

Item #10d – Resolution: Recommendation to Hold a Closed Session Regarding Alleged Overbilling by Independence Township for Police and Fire Services (Video time mark 1:12:12):

    • Resolution – Closed Session (page 36/41 of the council packet)

Wylie said so, we’ve got Item #10d resolution, Recommendation to Hold a Closed Session as Permitted by the Open Meetings MCL 15.268(h) and Act MCL 15.268(e) Regarding Alleged Overbilling by Independence Township for Police and Fire Services. Ryan said it would just be H, I’m sorry. Wylie said just H, not E. Ryan said yes, correct. Wylie said OK, so cross off E in the resolution.

Ryan said I anticipate it has to be a two-thirds vote by Council, then the meeting will be closed, but I anticipate council will come back in open session after they’re done with their discussion with me, and there’ll be perhaps further action, and then there’ll be another closed session proposed also, and then we’ll come back in open session, after which the meeting will probably be adjourned at that point. That’s what the schedule is.

Wylie said OK, so – Casey said hold on, I’ve got a question.

Casey said we have two issues that we’re going to run a closed session for. Wylie said it’s going to be, we’re going to do the first closed session, come back – Casey said I don’t understand, can we do it in one closed session? Ryan said I think, because there are two different issues, and one’s going to take, someone’s going to take, I think you’re going to take action on the first one, maybe not the second one, I don’t know that. I would just like to keep it clear, so we do it that way. Casey said I understand. Ryan said I’m not trying to make it cumbersome, but I just think we can’t do it that way.

(Wylie read the resolution.)

Wylie said that’s what says, E. Ryan said I know, but it doesn’t match with the top. It’s H. Wylie said oh, this one’s H. Ryan said 15.268. Both of them are H. Wylie said both of them are H. Wylie said Oh yeah, that’s what I, OK.

(Wylie continued to read from the resolution.)

Wylie said we need somebody to move for this resolution. Would anybody like to do that.

Motion by Rodgers; second Roth.

Wylie asked if there was any discussion by council.

No discussion.

Wylie said we need another roll call. Smith said another roll call.

Forte, Rodgers, Wylie, Quisenberry, Roth, Casey, and Lamphier voted yes.

Wylie said OK, so the resolution is adopted, and we are going into closed session, and I’ve got 8:16 open. And those of you, I mean, if you guys want to hang around outside, we can come get you if you want when we go back to regular session. Thank you.

Item #10e – Resolution – Recommendation to Authorize the City Attorney to Communicate with the Independence Township Attorney (Video time mark 1:15:28):

    • Resolution – Authorizing City Attorney to Communicate with Independence Township Attorney Dan Kelly (page 38/41 of the council packet)

Wylie said OK, so we are open session right now, and we have a resolution.

(Wylie read the resolution.)

Wylie said and I need someone to make the resolution, and then a second.

Resolution by Forte; second Quisenberry.

Wylie asked if there was any discussion.

No discussion.

Wylie said we need a roll call. Smith said OK.

Roth, Casey, Lamphier, Quisenberry, Wylie, Rodgers, and Forte voted yes.

Wylie said OK, so the resolution is adopted,

Item #10f – Resolution – Recommendation to Hold a Closed Session to Discussion Depot Park Rental Fees (Video time mark 1:16:31):

    • Resolution – Closed Session (page 40/41 of the council packet)

Wylie said and – Quisenberry said we do it again. Wylie said yeah, do it again.

Wylie said so. Roth said we need a motion to adjourn to closed session. Wylie said yeah.

(Wylie read the resolution.)

Resolution by Roth; second Forte.

Wylie asked if there was any discussion.

Ryan said yes, I want to say that it’s 15.268(h). Wylie said yes, H.

(Wylie read the resolution again adding 15.268(h).)

Wylie said and we need a roll call. Smith said OK.

Roth, Quisenberry, Wylie, Forte, Rodgers, Lamphier, and Casey.

Wylie said OK, the resolution is adopted, and we are back again in closed session.

Agenda Item #11, Adjourn (Video time mark 1:18:06):

Wylie said OK, so Forte makes a motion to adjourn. I need a second. Second Lamphier.

[Wylie did not ask for discussion.]

Motion to adjourn passed by unanimous voice vote.

Wylie said and we are adjourned at 9.30. Thanks, everybody.

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2 Replies to “June 11, 2024, City Council Meeting”

  1. I have three things to say.

    The first is about the resolution to punish residents. “Whereas, the City’s Code Enforcement Officer (contracted through Carlisle-Wortman and Code Enforcement Services) has requested the ability to issue citations where warranted after a Violation Notice has previously been issued . . .” This ordinance change was made even though the city manager and city attorney assured the city council that written warnings result in 98%-99% compliance from residents.

    So why are we doing this? They’ve told you why. Because Stacey Kingsbury, Carlisle-Wortman’s/Code Enforcement Service’s code enforcement officer, threw a temper tantrum, started a private boycott against Clarkston, and put her employer in breach of contract. I’ll bet your employer would fire you in a heartbeat for walking off the job. Did Carlisle/Wortman or Code Enforcement Services fire Kingbury for insubordination? It doesn’t appear to be the case, so that means that Carlisle/Wortman and Code Enforcement Services find in-their-face insubordination to be acceptable employee conduct. I truly hope that any lawyer defending someone against any citation written by Kingsbury brings this up in cross-examination because she deserves no professional deference.

    Our city council’s solution is not to demand Kingsbury’s employer replace Kingsbury with someone who isn’t an unprofessional a-hole. Nope. They’d prefer to financially punish residents because that’s what little princess Kingsbury wants. Wouldn’t it be nice if the city council cared as much about residents as they do about an unprofessional contract employee?

    If Stacey Kingsbury is not replaced, and the city allows her back onto our streets to perform code enforcement services, you should give her all the respect you would give to any other unprofessional jack wagon – and that would be none.

    And for the bazillionth time – there is NOTHING in the city’s revised ordinance that requires that Kingsbury issue a written warning to you before writing a ticket that could drag you into court and potentially jail you if you don’t pay the fine. Your city council has been duped by the city attorney who told them otherwise – again.

    Where was the list of fines the city council has repeatedly directed the city manager and city attorney to provide? Nowhere. That’s right. Your city council just gave an unprofessional code enforcement officer the ability to issue civil infraction tickets without the fine list once the ordinance becomes effective. Just more insubordination that will be rewarded by continued employment, and in the city manager’s case, a 4% raise on July 1st as well.

    The second comment is a note to the city manager – “young people” are not now and never have used Facebook. Generally speaking, “younger” people view Facebook as passé and only used by “old” people. Instagram, Snapchat, and other social media platforms are far more popular (ask your daughter.)

    Lastly, I think Gary Casey’s comment about our millage rate was really out of line. Rather than calculating our expenses and determining how much money the city actually needs, the city looks at what it’s getting and spends the maximum amount. Casey is concerned that’s not enough (without defining what “enough” is) and is apparently in favor of raising your taxes – just because. After all, don’t we all budget that way? Just look at everything we might earn and plan on spending it all? 🙄 (Remember this if Casey asks for your vote again.) Apparently, city manager Johnathan Smith thinks only the city felt pain from the Great Recession in 2008. I’m pretty sure everyone took a while to recover from that, and there are people who will never recover. Forgive me if my sympathies are with those people as opposed to a city government that spends every penny it receives and never saves a dime for a rainy day.

  2. Because a city that constantly talks about historic preservation cannot remember history when needed, I will inform everyone that Art Pappas was the Village Manager, Treasurer, and Clerk, serving the same roles when the Village became a city. When Art retired, the council decided to hire separate people in order to have backup and redundancy since people do go on vacations and get sick. This was not a charter or ordinance change so it can be changed again if required. I am troubled that there was no discussion of pay for the Treasurer now doing extra work or that without a Clerk, those funds are not being spent.
    As for property taxes, the ongoing complaints from the City Manager about the limitations under the Headlee amendment and Mr. Casey’s comment that he is “concerned that Headlee has had a devastating effect on our revenue…”, I suggest he study the history of this amendment and why it was put in place. Just because one’s property is assessed higher does not mean you have any greater ability to pay higher taxes, or that city expenses are any greater. If the council really thinks there is some “devasting effect” to limiting tax increases, they can put a tax increase proposal issue on the next election. That failed the last time but who knows what might happen. Maybe a majority of Village of Clarkston property owners want to pay higher taxes as inflation takes more of their income. I doubt it, but the council can ask, or live within their means like everyone else has to.

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