Howell Appealing Federal Ruling; Councilman Voices Opinions Howell Appealing Federal Ruling; Councilman Voices Opinions

11/26/13 - A Howell City Councilman made sure that his personal opinions were known despite a pending privileged conversation about a federal ruling that could prove to be far reaching and impact municipalities across the state. The ordinance that was struck down required property owners to maintain the areas between sidewalks and city-owned streets. The lawsuit was filed by former resident David Shoemaker in November of 2011 after he refused to cut the grass. It was eventually mowed by the city’s contractor per ordinance, and the cost placed on his tax bill. A federal judge ruled property owners cannot be forced to maintain municipal property. Staff has since stopped enforcement but council unanimously approved appealing the decision after a closed session Monday night. It also approved a formal request to the Michigan Municipal League Legal Defense fund for support of the appeal. Councilman Doug Heins attempted to recuse himself from participating in that closed session discussion because he wanted to express his full opinions on the ruling. He stated the city has no due process or neutral party, and also needs a written procedure to appeal. He said he’s experienced the “heavy hand of the city with due process when it comes to the care of right-of-ways.” Heins has been at odds with the city since before he was elected about maintaining swales, which were installed as part of the street improvement project to collect and retain storm water to prevent flooding. Although Heins tried to recuse himself, he ultimately voted to go into closed session, as well as for both of the motions that followed in open session. City attorney Dennis Perkins noted Heins was free to assert his opinions but was prohibited from talking about any items or strategies discussed behind closed doors. Heins had also raised questions about why a special session wasn’t called to discuss the impact of the ruling. It was clarified that the Michigan Municipal Risk Management Association handles the city’s liability insurance and under their policy agreement, it has the right to proceed with appeal without city approval and had already put city on notice that it would be appealing. (JM)