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Minutes for 1/03/2012


APPROVED MINUTES OF THE REGULAR MEETING
OF THE KENTWOOD CITY COMMISSION

HELD JANUARY 3, 2012
Commission Chambers
 
Mayor Richard L. Root called the meeting to order at 7:00 P.M.
 
Mayor Root gave the invocation.
 
Commissioner Clanton led the Pledge of Allegiance to the Flag.
 
Roll Call: Present: Commissioners: Sharon R. Brinks, Michael W. Brown, Robert Coughlin, Richard Clanton, Frank Cummings, Raymond VerWys and Mayor Richard L. Root.
 
Staff Present: Assistant City Engineer Tim Bradshaw, Economic Development Planner Lisa Golder, City Treasurer Jan Hollinrake, Deputy Administrator Rich Houtteman, City Clerk Dan Kasunic, Deputy Park & Recreation Director Kendall Klingelsmith, Engineering & Inspections Director Steve Kepley, Fire Chief Brent Looman, Police Chief Rick Mattice, Assistant Finance Director Lorna Nenciarini, Fire Department Administrative Assistant Nancy Shane, Human Resource Director Lisa Sonego, City Attorneys Jeffrey Sluggett & Terry Tobias, Public Works Director Ron Woods and Recreation Director Charlie Ziesemer.
 
Forty-five (45) citizens and members of the news media attended the meeting.
 
Motion by Clanton, supported by Coughlin, to approve the agenda with the following addenda: move 14(a) bids to 9(a).
 
                                                                                    Motion Carried.
 
CONSENT AGENDA:
 
Motion by Cummings, supported by VerWys, to approve the Consent Agenda as follows:
  1. Receive and file minutes of the Finance Committee Meeting held on December 20, 2011.
  2. Receive and file minutes of the Safety Committee Meeting held on December 20, 2011.
  3. Resolution 1–12 to set a February 7, 2012 public hearing date for the transfer of Industrial Facilities Exemption Certificate No. 2009-141 issued to Roskam Baking Company to Hearthside Food Solutions LLC located at 3225-32nd Street, SE; under Act 198.
  4. Payables for the City totaling $846,835.14.
 
Roll Call Vote:  Yeas:  All.    Nays:  None.    Absent:  None.
 
                                                                                    Motion Carried.
                                                                                    Resolution Adopted.
                                               
Motion by Coughlin, supported by VerWys, to approve the minutes of the December 20, 2011 City Commission Meeting.
 
                                                                                    Motion Carried.
 
PRESENTATIONS AND PROCLAMATIONS:
 
AUTHORIZE THE MAYOR TO CONTRACT WITH WASTE CONTROL OF GRAND RAPIDS  FOR A THREE CALENDAR YEAR PERIOD (2012-2014) FOR CITY-WIDE TRASH/RECYCLING REMOVAL SERVICES.
DPW Director Woods reviewed the bids for City-wide trash/recycling removal.
 
Motion by Brinks, supported by Cummings, to authorize the Mayor to contract with Waste Control of Grand Rapids, d.b.a. Rosendall Disposal, for a three calendar year period (2012-2014) for City-wide trash/recycling removal services, at rates as described in the attachment, with funds from the General Fund Operating budgets for each fiscal year of this contract.
 
                                                                                    Motion Carried.
 
PUBLIC HEARING:
 
HEARING ON PETITION REGARDING COMMISSIONER VERWYS’S ELIGIBILITY FOR ELECTIVE OFFICE IN THE CITY OF KENTWOOD.
 
Mayor Root opened the hearing to consider the charge with respect to the eligibility of Commissioner VerWys to serve as an elected official in the City of Kentwood and directed City Attorneys Sluggett and Tobias to address the charge and process of review. During the process Commissioner VerWys recused himself of voting on this matter.
City Attorney Sluggett presented evidence to support the charge and process utilized. Commissioner VerWys addressed the Commission on the reasons he should complete his term. The floor was opened to public comment; with several speaking of Commissioner VerWys to retain his seat and a few speaking on his removal from elected office. The Commission asked questions of legal counsel and of Commissioner VerWys. Commissioner VerWys re-stated his view. City Attorney Sluggett provided two different resolutions (depending on the motion) that could be used in making a motion.
 
Motion by Cummings, supported by Root, to declare an elective City office vacant and ordering the removal of Commissioner VerWys.
 
Roll Call Vote:  Yeas:  Brinks, Cummings and Root.  Nays:  Brown, Clanton and Coughlin. Absent:  None.
 
                                                                                                3-3 Motion dies.
 
Mayor Root noted that a decision on the Charter requirements needs to be made.
 
Motion by Brinks, supported by Cummings to table the issue until later in the meeting after the completion of regular agenda items.
 
                                                                                                Motion Carried.
Allied Finishing, Inc.
Mayor Root opened the public hearing to adopt a resolution to consider an application for an Industrial Facilities Exemption Certificate for Allied Finishing, Inc. located at 4100 Broadmoor Ave., SE; under Act 198.
 
Following a brief presentation by Economic Development Planner Golder:
 
Motion by Brinks, supported by Brown, to close the public hearing.
 
                                                                                    Motion Carried.
 
ADOPT RESOLUTION 2–12 TO APPROVE AN APPLICATION FOR AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE IN THE CITY OF KENTWOOD FOR ALLIED FINISHING, INC.
Motion by Brinks, supported by Coughlin, to adopt Resolution 2–12 to approve an application for an Industrial Facilities Exemption Certificate in the City of Kentwood for Allied Finishing, Inc. located at 4100 Broadmoor Ave., SE; under At 198.
 
Roll Call Vote:  Yeas:  Brinks, Brown, Clanton, Coughlin, Cummings and Root.   
Nays:  VerWys.    Absent:  None.
 
                                                                                    Resolution Adopted.
 
 
Laminin Medical Products, Inc.
Mayor Root opened the public hearing to consider the establishment of an Industrial Development District in the City of Kentwood and to set a February 7, 2012 public hearing date to consider an application for an Industrial Facilities Exemption Certificate in the City of Kentwood for Laminin Medical Products, Inc. located at 3839 East Paris Ave., SE; under Act 198.
 
Following a brief presentation by Economic Development Planner Golder:
 
Motion by Coughlin, supported by Brown, to close the public hearing.
 
                                                                                    Motion Carried.
 
ADOPT RESOLUTION 3–12 TO CONSIDER THE ESTABLISHMENT OF AN INDUSTRIAL DEVELOPMENT DISTRICT AND ADOPT RESOLUTION 4–12 TO SET A FEBRUARY 7, 2012 PUBLIC HEARING TO CONSIDER AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FOR LAMININ MEDICAL PRODUCTS, INC.
Motion by Brinks, supported by Clanton, adopt Resolution 3–12 to consider the establishment of an Industrial Development District in the City of Kentwood and adopt Resolution 4–12 to set a February 7, 2012 public hearing date to consider an application for an Industrial Facilities Exemption Certificate in the City of Kentwood for Laminin Medical Products, Inc. located at 3839 East Paris Ave., SE; under Act 198.
 
Roll Call Vote:  Yeas:  Brinks, Brown, Clanton, Coughlin, Cummings and Root.
Nays:  VerWys.  Absent:  None.
 
                                                                                    Resolutions Adopted.
 
RESOLUTIONS:
 
ADOPT RESOLUTION 5–12 TO SET 2012 MEETING DATES FOR THE BOARD OF REVIEW.
Motion by Brinks, supported by Clanton, to adopt Resolution 5–12 to set 2012 meeting dates for the Board of Review.
 
Roll Call Vote:  Yeas:  All.    Nays:  None.   Absent: None.
 
                                                                                    Resolution Adopted.
 
APPOINTMENTS AND RESIGNATIONS:
 
CONFIRM APPOINTMENT OF JENNIFER DENNIS TO THE HISTORIC COMMISSION.
Motion by Brinks, supported by Clanton, to confirm the appointment of Jennifer Dennis to the Historic Commission.
 
                                                                                    Motion Carried.
 
The Commission took a 15 minute recess prior to continued action regarding the Charter requirement.
 
CONTINUED HEARING ON PETITION REGARDING COMMISSIONER VERWYS’S ELIGIBILITY FOR ELECTIVE OFFICE IN THE CITY OF KENTWOOD AND ADOPTING RESOLUTION 6–12.
Motion by Brinks, supported by Cummings to remove the topic from the table.
 
                                                                                    Motion Carried.
 
The Commission discussed at length their reasoning with respect to the charge
presented and their interpretation of the City Charter.
 
Motion by Cummings, supported by Brinks, to adopt Resolution 6–12 to declare Commissioner VerWys’s elective City office vacant and ordering his removal from the City Commission for the reasons set forth in that resolution.
 
Roll Call Vote:  Yeas:  Brinks, Coughlin, Cummings and Root.  Nays:  Brown and Clanton.  Absent:  None.                                          
 
                                                                                    Resolution Adopted.             
 
Mayor Root informed everyone applications, for the now vacant Ward Two City Commissioner seat, will be available until January 24th.
 
 
 The meeting was adjourned at 9:19 P.M.
 
 
Dan Kasunic                                                                           Richard L. Root
City Clerk                                                                               Mayor