UNAPPROVED COUNCIL MINUTES
VILLAGE OF FAIRGROVE
MAY 3, 2010
Present: Maguire, Eurich, Ahrens, Prusi, Hall, Adams
The meeting was called to order at 7:30 p.m. by President Duane Maguire.
Motion Prusi second Ahrens to accept the April 19, 2010 regular meeting minutes as printed. 4 Yea 2 Nay
President Maguire presented a letter of opinion from village attorney, Gary Howell stating that the vote of 3 Yea 2 Nay at the April 19, 2010 council meeting to appoint Todd Humpert as village trustee should have been declared carried instead of defeated. Howell’s opinion is that general business goes by majority of quorum not majority of council. President Maguire stated that Mr. Humpert needs to be sworn in and be seated on the council. The clerk read a compilation of her research into the question. President Maguire then consulted with audience member Thomas Wassa.
President Maguire continued to state that Mr. Humpert should be on the council and that the minutes needed to be amended. He was reminded that the motion passed to accept the minutes. President Maguire again consulted with audience member Thomas Wassa who stated that unless there is a 2/3 majority vote required all other votes require majority of the council which is based on the council members who are present. The clerk stated that actually there are votes that require majority of quorum, majority of council and 2/3 majority.
Motion Maguire second Hall to rescind the motion to accept the minutes and go with the lawyer’s ruling. 2 Yea 4 Nay Defeated.
Audience recognition began with Police Chief James Sherrod asking for a public apology from Todd Humpert for stating untruths during the April 19, 2010 audience recognition portion of the council meeting. Mr. Humpert responded that he was sorry for what he heard. Audience recognition continued with two residents complaining of the Todd Humpert vote and one resident complaining for not going by the Michigan Attorney General’s opinion. There were twenty residents who were in support of the police department, three residents against the police department and two residents against the police reserve program.
Fire Chief Young reported there were 2 runs and 2 assists for April. McNally Office Supply donated a used file cabinet and Generals Motors donated some used video editing equipment to the department.
Police Chief Sherrod gave his department’s statistics for April. He told the council that he issued 15 ordinance violations and that they all had been taken care of. He stated that he is more than willing to meet with anyone who has questions or complaints.
Motion Eurich second Prusi to place an ad in the paper for sidewalk bids for three phases of sidewalk repair. Carried.
Motion Adams second Ahrens to place an ad in the paper for 1.5” bituminous overlay with seeding and gravel on Armstrong and Liberty Streets. Carried.
Cathy Childs stated that she was withdrawing her name for consideration for the treasurer’s position.
Correspondence was received from Lynn and Ruth Cramer complaining of the semi-truck parking on the empty Farm Depot lot on W Center due to excess noise; Virginia Batterbee, Nancy McCloy, Orville & Hazel Woodhull supporting the police department; Real Estate One offering to sell the property at 2002 N Main; Tuscola County EDC informing of the intergovernmental meeting May 14th; and Jessica Gehrls providing a letter of interest in a council trustee position should a vacancy occur.
Motion Ahrens second Adams to appoint Jessica Gehrls as council trustee to fill a vacancy until the term expires November 19, 2010 effective immediately.
The clerk stated that our village attorney’s opinion is that the motion to appoint Todd Humpert at the April 19, 2010 council meeting should have passed.
Motion Withdrawn With Consent
After more discussion, the clerk reiterated that according to our village attorney the motion to appoint Todd Humpert as a council trustee was legal at the April 19, 2010 council meeting. Because of that Mr. Humpert should be qualified to be seated at the May 3, 2010 council meeting.
The clerk stated that the motion at the April 19, 2010 council meeting to appoint Todd Humpert to the council as trustee was deemed incorrectly. The clerk stated that she is correcting that motion outcome to say that the motion is carried.
Since Todd Humpert was qualified as a village council trustee the clerk administered the oath of office and he was seated on the council.
MotionHall second Adams to have the DPW inspect illegal storm sewer hookups into the sanitary sewer system. Carried.
Motion Eurich second Ahrens to approve the Michigan Bean Festival Lease with changes.
Motion Withdrawn With Consent
Motion Prusi second Eurich to have the DPW grade the Fairgrove Township Cemetery roads twice per year at $66.33 per hour billable to Fairgrove Township. Carried.
Motion Prusi second Hall to pay bills of approximately $5,823.66. Carried.
Meeting Adjourned 9:30 p.m.
Bev Parsell, Clerk