Prosecutor Warns City Council About Violation
City Learns Closed Meeting Was Illegal; Star Line Property Off the Table
By Ryan Schlehuber

St. Ignace City Council, you have been warned.

That was the basic statement addressed to Council by Mackinac County Prosecuting Attorney Fred Feleppa during Council's meeting Monday, November 5. Mr. Feleppa pointed out that Council's decision to close its September 4 public meeting to discuss paying Building Inspector Paul Sved for unused vacation time was a violation to the Open Meetings Act, and if Council violates the act again, he would prosecute each member under provisions of the Open Meeting's Act that hold them individually responsible for intentionally violating it. That would subject them to a fine of up to $500, plus court costs and the attorney fees to get the conviction.

As the highest ranking attorney in the county, Prosecutor Feleppa's opinion overrules that of City Attorney Prentiss M. Brown, Jr., who allowed the secret meeting in September.

The Open Meetings Act protects citizens' rights to know what their government is doing by requiring governmental bodies to meet and make decisions publicly.

While the City contended, when challenged, that the meeting could legitimately be closed under a "collective bargaining" exemption, The St. Ignace News charged that the collective bargaining provision does not apply to a non-union employee, such as Mr. Sved, or even to an individual member of the union who sought such a deliberation.

Mr. Feleppa agreed with the newspaper.

"My intent and purpose coming here tonight was to let the seven of you know, collectively, that if this sort of thing were to happen again, it would be my intention to bring charges against you individually, as it calls for in the law," said Mr. Feleppa. "I don't think collective bargaining occurs to one individual. And even within the Open Meetings Act, it's for the bargaining of an agreement, not necessarily negotiating an individual's contract."

Mr. Brown had contended that Council discussed the matter in private because Mr. Sved asked it to, and that a collective bargaining provision in the act allows that.

At Monday's meeting, Mr. Brown argued that he had told The St. Ignace News that he does not disagree with the newspaper's contention that Council violated the Open Meetings Act, and that he stated that such acts in the future will be avoided. But he has repeatedly said the "collective bargaining" clause is confusing and that a department head should be afforded the same privilege of privacy as a "janitor" in a union.

"I wish the statute was clearer," he lamented in a September 14 letter to The St. Ignace News. "Why allow the janitor and not the zoning administrator go into closed session?"

Councilman Tom Della-Moretta asked Mr. Feleppa if the interpretation of the collective bargaining definition was clearly defined, legally.

Mr. Feleppa said the exemption has not been tested in court, but that he feels confident about his argument that Council violated the Open Meetings Act and that the courts would agree with him.

In a related matter, City Manager Eric Dodson reported that he had attended a workshop on the Open Meetings Act during a Michigan Municipal League conference October 18. He also attended meetings on the Freedom of Information Act and procedures for amending city charters and handed out informational packets to each council member on each issue. He suggested to Council that the city schedule an Open Meetings Act workshop with John Gillooly of the Detroit law firm Garan Lucow Miller, who conducted the meeting in October. Mayor Paul Grondin agreed, and directed him to do so, and Mr. Feleppa suggested the city invite other municipal leaders.

Councilwoman Susan Tamlyn- Massaway suggested to Council that a committee be formed to begin combing through the city's charter to amend outdated sections. The charter was adopted in 1970 and has not been updated since.

The issue came up at Council's last meeting when Council candidate Mary E. Nichols contended that the city was violating its charter owing to not having a draft of next year's budget in place by October 1, which the charter requires.

Mayor Grondin suggested holding off on appointing a charter committee until after council members had a chance to read the charter and familiarize themselves with procedures to amend it.

Mrs. Tamlyn-Massaway hesitantly agreed, but added that she would like to see a committee formed by the beginning of 2008.

In other business, Mr. Dodson said Star Line Mackinac Island Ferry has withdrawn its offer to sell 1.2 acres of waterfront property near the city's American Legion Park. Council has been urged by residents to pursue the purchase to preserve the open land, now a parking lot, and prevent any construction that would obstruct the view of Moran Bay from State Street.

Star Line offered to sell the property to the city for $680,000. Council chose an appraiser from Traverse City to evaluate whether Star Line's offer was fair, and agreed to pay $3,350 for his services, however, Mr. Dodson said the appraiser had not started the job and was not paid for anything.

Mr. Dodson could offer no reason why Star Line withdrew its offer, but suggested the company wants it kept as a parking lot.

Businesses within the city will now be charged only half the price to drop off garbage at the Waste Management transfer station, Mr. Dodson said.

After receiving complaints from one business in town, through the Visitors Bureau, about having to pay $100 each time a business dropped off garbage, no matter the amount of garbage, Mr. Dodson contacted Waste Management and, working with the company's local representative, was able to establish a new commercial fee of $50 per drop-off.

The city, he said, has no control over Waste Management's fees for commercial businesses, however, renewal of the city's residential garbage pick-up contract with the company is coming up, and said he will be negotiating for a break in fees for residents, as well.

Council unanimously agreed to support an "Ax the Tax" campaign against the state's new service tax, that, according to the state, would generate $725 million, two-thirds of that from businesses.

City Council candidate Miss Nichols, who has taken it upon herself to independently study the service tax issue, said at least 73 businesses in St. Ignace would be affected.

"We, as businesses, would have to raise fees to cover that service tax, and that would directly affect people coming into town," said Councilman Paul Fullerton, operator of Great Lakes Air. "It would not be a wise decision."

Mr. Dodson told Council the Department of Corrections prisoner community work program will be reinstated, which will save the city up to $87,000 in contracted services.

The program is coordinated in the Eastern Upper Peninsula through Kinross Correctional Facilities in Kincheloe.

Cost of administrative services for the program will double, said Mr. Dodson, from $15 a day to $30 a day. The city will still be expected to cover mileage costs for the workers as well.

The prisoners provide municipalities with assistance in landscaping, beautification of streets and sidewalks, and other maintenance work.

Mayor Grondin said he was told by State Representative Gary Mc- Dowell that the program is expected to be reinstated in the next four to six weeks.

Council was informed that the state's Department of Agriculture (MDA) will hold a public information meeting at the city's Little Bear East Arena and Community Center from 7 p.m. to 9 p.m. Monday, November 19, to discuss the recent discovery of the invasive emerald ash borer (EAB) at the Straits State Park in St. Ignace. EAB is a foreign invasive foreign beetle that has killed millions of ash trees throughout the Midwest.

MDA is expected to send letters to property owners about information on EAB and tips on preventing the spread of the invasive bug.

The discovery of EAB at Straits State Park in St. Ignace is the second one found in the Upper Peninsula in less than a month, and the third since 2005. EAB was discovered in Moran in early October. It was first discovered in the U.P. in 2005 at Brimley State Park.

Mr. Dodson will contact MDA to see if the meeting could be rescheduled before Council's regular meeting that night, which starts at 8 p.m.

Mayor Paul Grondin directed Mr. Dodson to set up a committee meeting with the Michilimackinac Historical Society to discuss utilities payments for the Fort de Buade Museum.

The city purchased the museum from the Benson family earlier this fall. The historical society was contracted with the city to oversee the operations of the museum and shops within it.

Both Councilman Fullerton and Councilman Willie LaLonde cautioned Council that no taxpayers money is supposed to go toward the operation of the museum, since funding was secured through Sault Ste. Marie Tribe of Chippewa Indians.

A draft of the 2008 budget is now in place. Prior to the regular meeting, Council met for two hours reviewing the draft, but took no action.