Taylor City Council Regular Meeting – October 18, 2023

The Taylor City Council met in regular session at 7:30 p.m. on October 18, 2023, and adjourned at 8:06 p.m. Five council members were present and a quorum was established; Councilman Johnson and Councilwoman Winton were excused. This summary is based only on the raw transcript, because no agenda or minutes were provided. The meeting included an invocation by Monica Ola, the Pledge of Allegiance, approval of prior minutes, appointments, routine approval of purchases and reports, and a lengthy open-business discussion about possible separate legal counsel for the council.

Minutes, Agenda, and Appointments

• The agenda was approved after correcting item 6.1 from 'downriver' to 'downtown.'
• Minutes of the October 3, 2023 regular meeting were approved.
• Minutes of the October 12, 2023 special meeting were approved by roll call vote of 3-2: Mrs. Daniels no, Mr. Ramick yes, Mrs. Brandana yes, Mrs. Rose no, Mr. Geis yes. Johnson and Winton were excused.
• The council approved the reappointment of Ramaran and Rich Todd to the Downtown Development Authority for four-year terms expiring October 17, 2027. Neither was present to be sworn in.
• The council approved reappointing Bill Fisher to the Planning Commission for a three-year term expiring October 17, 2026; Mr. Fisher was sworn in.

Regular Agenda Approvals

All regular agenda items 7.1 through 7.17 were approved unless noted. They were considered individually, not as a formal consent calendar.

• 7.1: Fire training for electric-vehicle response through Energy Security Agency, not to exceed $8,050; the fire chief said EV fires require different tactics and the city has not yet responded to an EV fire.
• 7.2: Repairs to Engine 3 by McQueen (sole source/lowest qualified bidder), not to exceed $6,590.
• 7.3: Amendment to resolution 6.241-23 adding Amazon to the fire department purchase agreement, not to exceed $5,000.
• 7.4: Purchase of turnout gear dryers and extractors from Universal Laundry and Machinery, not to exceed $47,671 from the fire department ARPA equipment account.
• 7.5: As-needed board-up services from Bell Property Restoration, not to exceed $15,000; officials said costs may be recovered from homeowners' insurance or placed on tax rolls when the property owner has no insurance.
• 7.6: Received and filed the emergency purchase of an electric gate enclosure for the compost site from Cornerstone Fence, $23,655; the new scale required a larger gate.
• 7.7: Purchase of a 2023 F-350 from Gourno Ford, not to exceed $56,795.
• 7.8: Installation of a 180-kilowatt Kohler generator at the senior center by Innovated Energy Control LLC, $79,925 plus 5 percent contingency, not to exceed $83,922.
• 7.9: Elevator preventive maintenance and repair contract with City Elevator of Michigan, not to exceed $12,000.
• 7.10: Cleaning services contract with Services to Enhance Potential, not to exceed $82,000.
• 7.11: Purchase of four computer towers for the Trackman golf simulators from Network One, not to exceed $4,266; an official estimated golf simulator revenues around $120,000 last season.
• 7.12: Authorization for the mayor to sign CDBG sub-recipient agreements for Fish and Loaves, the Guidance Center, and the Senior Alliance, $10,000 each.
• 7.13: Received and filed the general employee pension performance review as of June 30, 2023.
• 7.14: Drywall repairs at Taylor Sports Plex by MP&D Construction, not to exceed $3,552.
• 7.15: Received and filed the September 2023 payables/invoice report.
• 7.16: Received and filed the September 2023 budget performance report. The CFO said the general fund showed a negative $2.4 million balance because of timing: tax collections had not yet been recorded; revenues were $7.5 million and expenditures were $9.9 million, about 20 percent of the budget versus an expected 25 percent at the third month; insurance was prepaid, creating one variance.
• 7.17: Extending the Constellation Energy contract on a fixed-price basis for 12 months, funded through various utility accounts.

Open Business and Council Discussion

• Councilwoman Brandana said she sometimes disagrees with Corporation Counsel Mr. Plato and asked to consider retaining separate legal counsel for the council, not replacing Mr. Plato. She argued that Robert's Rules requires a two-thirds vote to end debate ('call the question') and that the council has the power to amend the mayor's proposed budget, not merely approve or reject it. She cited a Michigan Court of Appeals decision she said involved the same charter language as Taylor.
• Corporation Counsel Plato said his opinions are based on Michigan law and the city charter and are not always popular; the mayor said Mr. Plato has also given him opinions he dislikes and that the council should work as a team rather than fight over power.
• Several council members objected to considering the matter while two council members were absent, saying it was unfair and inconsistent with the council's prior practice of waiting for full attendance on major votes.
• Councilwoman Brandana then moved to amend the city council rules by adding whereas clauses citing charter sections 5.11J and 5.11G and stating the council should be able to retain special legal counsel when potential conflicts exist between the council and the administration. Corporation Counsel requested a closed session, saying the proposed resolution attacked his independence. The council voted 5-0 to enter closed session.
• After reconvening, Councilwoman Brandana moved the rules amendment; after further debate, she withdrew the motion, saying she would wait for a written opinion from Mr. Plato and bring the item back at the next meeting on November 7.
• The clerk reported, for absent Councilwoman Lynn: recognition of a young student (identified as Ella Henley, later transcribed as Bella Henley) who raised over $150 for the animal shelter through a Chipotle fundraiser; a Medicare/Medicaid enrollment assistance event on November 9 at the Ford Senior Center from 9:30 a.m. to 2 p.m.; and reminder that Taylor has no November election.

Public Comments

• Resident Mary Souza asked why the council wanted another attorney, what specifically Mr. Plato had done, and what rules had been changed, saying the discussion was too general.
• Resident Martin Juliard praised Mr. Plato, saying he answered questions that previous attorneys would not answer. He then asked the mayor about golf balls from the golf course landing on his property; the mayor disputed that balls could reach the resident's home and said he had not promised a net.

Key Outcomes

• All agenda items passed; the October 12 special meeting minutes passed 3-2.
• Council entered closed session 5-0 and later returned to open session.
• Councilwoman Brandana's motion to amend council rules was withdrawn; she plans to revisit it on November 7.
• Corporation Counsel agreed to provide a written opinion on the budget question; Councilwoman Brandana requested a written opinion on ending debate as well.
• The meeting adjourned at 8:06 p.m.