By Tom Gilchrist
For The Advertiser
MAYVILLE — A member of the Village Council here alleges four other council members broke state law by holding a special meeting without providing written notification of the meeting to all seven council members.
“This was an illegal meeting,” said Trustee Sue Marlow in reference to a May 27 special meeting attended by council members Clare Fryers, Roxann Hiiter, Cecilia C. Kapcia and William Barkowska.
Marlow and council members Wanda Topham and Susan Atkinson alleged at the June 17 council meeting that they didn’t receive written notification of the May 27 meeting as required by the state General Law Village Act.
The law states that a special meeting shall be called by the village clerk upon the written request of the village president or any three council members, and that each council member shall receive written notice of the meeting at least 24 hours in advance of the meeting.
During the special meeting, the council voted to hire Brad Buhl as a part-time employee of the Department of Public Works for $10 an hour and up to 30 hours per week. Council also voted to let Police Chief Tony Coln charge up to $2,000 on the village credit card on a one-time basis while traveling to New Jersey to pick up a dump truck for the village DPW, a Humvee for the Police Department and a generator for the Fire Department.
The items — military surplus vehicles and equipment — were received for free under a federal Department of Defense program.
Marlow said village Clerk Lisa Haubenstricker informed her that a public notice announcing the special meeting was posted on a message board on the outer wall of the Fire Hall at 3:30 p.m. Saturday, May 24, during the Memorial Day weekend. The council meeting room is inside the Fire Hall.
Marlow said Haubenstricker informed her that Trustee Hiiter called the special meeting, though state law states such a meeting shall be called by the village clerk.
“Roxann, you knew better than to call a special meeting without all of us present,” Marlow said at the June 17 council meeting.
“I did what I was supposed to do,” Hiiter replied.
“We did what the book says. It says ‘Post it,’ ” added Fryers.
“No, that’s not what the book says — do you wanna read this, Clare, about special meetings?” Marlow asked, holding a copy of Michigan Municipal League documents regarding state laws.
“No, I’m not reading any of your garbage,” Fryers replied.
Hiiter said council members in the past have held meetings without notifying her of the meetings.
Trustee Kapcia made a motion to require that the clerk send written notice of all meetings to all council members regardless of whether the notice announces a committee meeting, special meeting or regular meeting. Council approved the motion, 7-0.
Council also voted 5 to 2 — with Marlow and Atkinson opposed — to hire new DPW worker Brad Buhl retroactive to May 27. Topham urged council members not to hold anything against Buhl. “This has nothing to do with Brad,” Topham said.
Fryers then stated “It’s a personal vendetta,” though Marlow insisted she has no vendetta.
“I have nothing against (Buhl). I don’t even know him,” Marlow said.
Earlier this year Marlow’s nephew, Eddie Blackmer, resigned from his job as part-time Mayville DPW worker. Blackmer alleged Fryers “had it in for me,” though Fryers denied the accusation.
At the June 17 meeting, council also approved Coln’s use of the village credit card on the trip that already took place. Coln and Fire Chief Robert Hiiter traveled to New Jersey to pick up the free military surplus vehicles and equipment.
In other action, council appointed Virgil Drzewicki to the Planning Commission, and allocated $3,000 for this year to trim or remove the “worst of the worst” trees in the village. Council also voted to work with Endeavour Tree of Minden City on trimming or cutting those trees.
Council also voted to approve a $72,521 bid from Pyramid Paving Co. of Essexville for improvements to Fourth Street, and voted to make Main Street a Class A road from Trend Street to M-24.