Development plans for 148 N. Main Street are on hold, though new property owner Curt Catallo said he is responsible for it.
‘I’m sick of talking about 148 N. Main,” Catallo said in an email. ‘It’s not going to be a coffee shop. We just want to move on.”
Former owner GL Investment said Clarkston Muffler and Brake Shop is vacating the property this week, after which the new owners will take control.
Stormwater issues on the property raised concerns on how construction could pollute local lakes. Construction on the property could disturb a plume of petroleum and wash it into Mill Pond and Parke Lake.
Catallo, who is working on a development plan for the property, attended an April meeting and rejected statements he would not handle stormwater issues correctly.
Catallo previously said stormwater would be collected on site in a detention basin that would drain into the ground. The system would prevent water from puddling on Clarkston Road.
Legal concerns
Citizens have also expressed concerns on a variety of issues including the mayor communicating with the attorney, city council member serving as chair of the Planning Commission, and a closed session, which Council member Richard Bisio deemed to be illegal.
During a closed session meeting, the city council and their attorney discussed a hold harmless agreement over the development of the Main Street property.
City Attorney Tom Ryan requested the closed session to discuss the agreement, which would protect the city from incurring any liability if developing the polluted property caused damage.
Last week, Bisio resigned from the city council after insisting the city violated the Open Meetings Act, and feeling other members of council and the city attorney accused him of violating and ethics ordinance.
Attorney bills
At an April 27 city council meeting, city resident Cory Johnston expressed concerns over numerous attorney fees billed to the city by Ryan after a closed session held to discuss a ‘hold harmless? agreement.
‘I raised the issue of information contained in the City Attorney invoices with regards to 148 N. Main,? Johnston said.
City Manager Carol Eberhardt said all attorney fees for 148 N. Main are paid for by Catallo.
Mayor’s administrative duties
Another concern raised by Johnston was phone calls between Mayor Joe Luginski and Ryan, an action allowed by a rule passed by city council, but which violates the city charter.
According to section 4.9 of the charter, “the mayor shall preside at all meetings of the council, shall speak and vote at such meetings as any other council member, shall be recognized as the chief executive officer of the city and as head of the city government for all ceremonial purposes but shall have no administrative duties.”
When Johnston mentioned the former resolution at the meeting, Luginski denied any rule disallowed him to communicate with the attorney.
Councilman Mike Sabol said he did not believe any such rule existed either. But a resolution restricting communication was passed in 2004. The resolution was rescinded in June 2013, an action supported by Sabol.
In the 2013 minutes, city officials wrote, ‘We rescind the resolution from the minutes of December 4, 2004 regarding calls and city business and that as of now calls regarding city business to any of our professional consultants, planner, and engineer, should be made only by the city manager, department heads, or as appropriate and at the city manager’s discretion, the delegate or designate of the city manager.”
Council said by passing the resolution, the mayor may make contacts if needed if the city manager is unavailable because a disability or an emergency, or any reason the manager is unavailable.
‘The mayor may also designate or delegate, and inform the City Council of any emergency situation and the contacts he makes,? the resolution reads.
The charter limits the council’s power to act by resolution ‘to matters required or permitted by law, this charter, and to matters pertaining to the city’s internal concerns.?
Council member on planning commission
Another concern for residents is City Council member Mike Sabol serving as head of the planning commission, an action which violates state law.
In section 125.3187 of Michigan Planning and Enabling Act law passed in 2008, an ex-officio member of the Planning Commission cannot serve as chairperson. Sabol is considered ex-officio because he also holds a seat on city council.
Sabol said he is unaware anyone has made the accusation.
“No one has said a word to me or the Planning Commission about this. Please provide the appropriate reference to the state law that is supposedly being violated and I will look into it,”he said.
Mayor Joe Luginski and City Manager Carol Eberhardt were contacted for this story, but did not respond.