WHITEHALL — There was some friction among the Whitehall City Council during Tuesday's work session and regular meeting, as some of the council expressed objection to a letter received by the council from Mayor Tom Ziemer's attorney regarding the "paper road" of Thriftwood Drive that was discussed by council in April.
The impetus for the letter, which was addressed to City Manager Dan Tavernier and Zoning Administrator Chris Mahoney and dated July 9, was apparently that Ziemer observed a fence constructed by Megan and Zach Aney, the owners of the two properties that abut Thriftwood. Ziemer believed the fence, which the Aneys requested permission to build earlier this year and was apparently built at some point since, was illegal as the city was dedicated the road in the 1950s. Under statute, if the city takes no action on such a dedication in a 10-year period, which it never did, it is presumed to have ownership of the road. On that basis, Ziemer's attorneys said they were "put(ting) you on notice," stating that the city is "obligated to take action" and remove the fence, as it is a "public nuisance."
However, at the April meeting, there appeared to be no appetite among the council to do anything with the road, and no action was taken on the Aneys' request. As city attorney Will Meier said in April and again Tuesday, a move at this point by the city to enforce its presumed ownership of the road, known informally as a "paper road" as it was never developed due to lack of need, could be met by legal challenge from property owners in the area under the argument that the city has passed on opportunities to do so. Such a challenge would be potentially costly and carry no guarantee of a favorable court ruling.
Council members Jeff Holmstrom, Bryan Mahan, Debi Hillebrand and Roger Squiers, as well as Tavernier, each expressed frustration that Ziemer, as Squiers put it, "went outside the chain of command" and had his attorney pen a letter to the city demanding action on the matter. Although no specific threat of legal action was made in the letter, the council members perceived one and felt it was an inappropriate move on the part of the mayor.
Ziemer later apologized if the letter was deemed inappropriate.
Further friction arose when council member Tanya Cabala expressed concerns about the council's role in a public meeting Tavernier has scheduled for July 27 at the Playhouse at White Lake, which he said will update residents on the city's progress in his one year as city manager and outline the city's plans over the next couple of years.
Cabala said because the council found out about the meeting via email following its previous meeting, she felt unable to have the group address it together as any attempt for them to do so privately would be a violation of the Open Meetings Act. She shared concerns about whether the council would have input, or even be able to gather (due to the OMA), at the public meeting.
Squiers said he contacted Tavernier himself after being told of the meeting because he felt it sounded like a State of the City address, which Tavernier confirmed it functionally is. Cabala felt that hosting such an event should be the role of the council or the mayor, but Squiers noted that the U.S. Congress, which he likened to the city council, does not give the State of the Union address. No action was taken regarding the discussion.
The council unanimously approved the creation of the Obsolete Property Rehab District, which will allow the city to grant tax abatements to designated properties. The former Family Video/Dollar Castle building, recently purchased by Ray Issa, was the impetus for the district's creation.
Unanimous approval was also given to the sale of a small land parcel to Armstrong's of White Lake for $7,500, as previously discussed by the council, and to a $34,745 purchase of a 2019 Ford pickup truck for the Department of Public Works, which was within the amount budgeted by the city for that purpose.
The council also approved a Cruz In request for the temporary closure of a portion of Hanson Street to be used as the "burnout pit" as part of the July 31 event. A change this year is that the pit will be utilized prior to the parade, enabling enthusiasts to enjoy both the burnouts and the regular parade if they choose. Burnouts will be open from 3:30-5:30 p.m. prior to the parade at 6.
Tavernier stated that the Playhouse recently received a three-year grant from Howmet totaling $30,000, which will fund White Lake Youth Theatre events that take place there each summer. Various community sponsors have helped defray costs of some summer shows this year, and Tavernier credited Playhouse director Beth Beaman for her work fundraising.
The Local Development Finance Authority also passed a new grant program at its meeting last week, which will allow LDFA area businesses to pursue up to $8,000 in matching funds to support installation or updating of life safety equipment, such as the replacement of fire hydrants.
