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May 20, 2002

CITY OF PLYMOUTH

CITY COMMISSION MEETING

MONDAY, MAY 20, 2002

 

A regular meeting of the Plymouth City Commission was held at 7:00 p.m. on Monday, May 20, 2002 at Plymouth City Hall, 201 S. Main Street, Plymouth, Michigan 48170.

 

PRESENT:  Mayor Pro-tem Colleen Pobur, Commissioners Michele Potter, Stella Greene, Phil Pursell, Dan Dwyer, Ron Loiselle

 

ABSENT:    Mayor Bill Graham, excused

 

Also present were City Manager Paul Sincock, City Attorney Robert Marzano, as well as various Department Heads.

 

CITIZEN COMMENTS

 

Peter Bunting, 256 Farmer, spoke about being angry about how people are treated when they are opposed to the views of the elected officials of the City of Plymouth  He expressed his anger at being a veteran and serving the country and not being allowed to speak his mind in this community without penalty.

 

Marilyn Whittaker, 642 S. Evergreen, thanked the City for joining in with the township for a Toxic Waste Drop Off  Day.  She indicated she hopes they will continue this event and complimented the efforts on the curbside pick-up in the City of Plymouth as well.  She spoke about the contents of the Courier Newsletter regarding curbside pickup and she feels that three days for Spring Clean-up would help recycle items before going to the landfill.  She requested a committee be established for dealing with environmental issues and using the newsletter for information to the residents.

 

Mark Oppat, resident and property owner in Old Village, spoke about the Old Village Garage Sale Signs that were very useful.  He indicated that the fliers were not distributed very well for this event.  He spoke about Matt Cardwell and Peter Bunting, members of the OVDA board, and stated that they have done some inappropriate things recently and he understands their frustration.  He stated he feels that they are basically good people and their energy is misdirected and they really do have good ideas to try to revitalize Old Village area.  He asked the Commissioners not to take any action against them as board members and allow them another chance to put their good ideas to use on that board.

 

APPROVAL OF THE AGENDA

 

Motion was made by Comm. Potter and seconded by Comm. Greene for approval of the agenda for May 20, 2002.  Carried unanimously.

 

 

ENACTMENT OF THE CONSENT AGENDA

 

4a. Approval of May 6, 2002 City Commission Meeting Minutes -

 

Motion was made by Comm. Dwyer and seconded by Comm. Loiselle for approval of the minutes for 5/5/02.  Carried unanimously.

 

 

4b.  Approval of April Bills -    (Removed until next regular meeting)

 

 

4c.  Special Event for Memorial Day Parade on May 27, 2002 –

 

RES. #2002-77

 

BE IT RESOLVED, that the Plymouth City Commission hereby approves a Special Event based on the recommendation of the City Administration, as follows:

 

Sponsoring Organization:               Plymouth-Canton Veterans Alliance Chapter #528

Organization Address:                    6155 Porteridge Lane, Canton, MI 48187

Organization’s Agent:                      Ted Enright    734-453-0157

Agent’s Title:                                    President Plymouth-Canton Vietnam Vets

Agent’s Address:                            same

Event Name:                                     2002 Plymouth Memorial Day Parade

Purpose:                                   Honor Veterans for Service to Country and Remembrance of

                                                        Deceased Veterans

Event Dates:                                     Monday, May 27, 2002

Event Times:                                  7:30 am – 10:00 am

Coordinaation with

Other annual events:                      nothing scheduled

Event Location:                             Main St. from Theodore south to Kellogg Park;

                                                Bandshell to be set up at Union & Penniman

Annual Event:                               Yes

     Normal schedule:   Memorial Day 2003

 

Motion was made by Comm. Dwyer and seconded by Comm. Loiselle for approval of the resolution.  Carried unanimously.

 

4d.  Special Event for Elks Flag Day Ceremony on June 9, 2002 –

 

RES. #2002-78

 

BE IT RESOLVED, that the Plymouth City Commission hereby approves a Special Event based on the recommendation of the City Administration, as follows:

 

Sponsoring Organization:      BPOE Plymouth Elks Lodge #1780  734-453-1780

Organization Address:                      41700 Ann Arbor Rd., Plymouth

Organization’s Agent:             Michael Rich         734-287-6629

Agent’s Title                          Esquire

Agent’s Address:                      11814 Heatherwood Cir, Taylor, MI 48180

Event Name:                             Flag Day Ceremony

Purpose:                                   Flag ceremony to honor the American Flag

Event Dates:                                      June 9, 2002

Event Times:                             2pm to 4pm

Coordination with

Other annual events:              Nothing Scheduled

Event Location:             Gathering

Event Type:                              Other Non-Profit

Annual Event:                           Yes

      Normal Schedule:   1st or 2nd Sunday of June

      Next year’s reserved dates:   June 8, 2003, Sunday

 

Motion was made by Comm. Dwyer and seconded by Comm. Loiselle for approval of the resolution.  Carried unanimously.

 

 

4e.  Special Event for Plymouth Jaycees-KidCare ID on June 9, 2002 –

 

RES. #2002-79

 

BE IT RESOLVED, that the Plymouth City Commission hereby approves a Special Event based on the recommendation of the City Administration, as follows:

 

Sponsoring Organization:      Plymouth Jaycees           734-728-8437

Organization Address:           PO Box 700123, Plymouth, MI

Organization’s Agent:             Suzanne Foss

Agent’s Title:                           Chairperson

Agent’s Address:                   6661 Quail Run Cir, Westland, MI 48188

Event Name:                            Kid Care ID

Purpose:                                 Provide identification cards for children & safety

                                               awareness program.

Event Dates:                          June 2, 2002

Event Times:                         10 am to 12 noon

Coordination with

Other annual events:              Nothing Scheduled

Event Location:            Gathering

Event Type:                             Other Non-Profit

Annual Event:                        No

 

Motion was made by Comm. Dwyer and seconded by Comm. Loiselle for approval of the resolution.  Carried unanimously.

 

 

4f.  Special Event for Good Morning USA Parade, July 4, 2002 –

 

RES. #2002-80

 

BE IT RESOLVED, that the Plymouth City Commission hereby approves a Special Event based on the recommendation of the City Administration, as follows:

 

Sponsoring Organization:     Kiwanis Club of Colonial Plymouth  734-459-3733

Organization Address:          PO Box 6036, Plymouth

Organization’s Agent:           Fred Hill

Agent’s Title:                        Parade Coordinator

Agent’s Address:                   same

Event Name:                           Good Morning USA Parade

Purpose:                                 Celebrate the 4th of July; Community Pride

Event Dates:                           July 4, 2002

Event Times:                           7:30 am

Coordination with

Other annual events:             Nothing Scheduled

Event Location:           Main Street

Event Type:                            Other Non-Profit

Annual Event:                         Yes

      Next year’s reserved dates:   July 4, 2003

 

Motion was made by Comm. Dwyer and seconded by Comm. Loiselle for approval of the resolution.  Carried unanimously.

 

 

4g.  Set Date for Budget Public Hearing –

 

RES. #2002-81   (On file with City Clerk)                        

 

4h.  Door Purchase for Cultural Center –

 

RES. #2002-82

 

WHEREAS, the City of Plymouth maintains a Cultural Center to provide for the public health and welfare and from time to time this facility needs repairs and updating; and

 

WHEREAS, it has been recommended that new ADA Compliant sliding glass doors be installed at the facility; and

 

WHEREAS, this project is funded by the Community Development Block Grant program.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of Plymouth does hereby authorize the City Administration to enter into a contract for new ADA Compliant automatic sliding doors to be installed at the Cultural Center.  This authorization is in the amount of $19,300 with Thermo-View Window Company for the installation in accordance with the bid specifications and with the requirements of the Community Development Block Grant Program.  Funding for this purchase is authorized under the Block Grant Program  101-666-818.000.

 

Motion was made by Comm. Dwyer and seconded by Comm. Loiselle for approval of the resolution.  Carried unanimously.

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4i.  Summer Meetings in the Parks –

 

RES. #2002-83

 

WHEREAS, the City Commission has indicated a desire to move the summer City Commission Meetings from City Hall to the neighborhood parks; and

 

WHEREAS, the Commission found this program to be successful during the summer of 2001.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of Plymouth does hereby schedule the following meetings for 7:00 p.m. at the following locations:

 

DATE:                                     LOCATION                           RAIN LOCATION

Monday, June 3, 2002                        Kellogg Park                             Gathering Pavilion

Monday, June 17, 2002            Lions Park                             Lions Park Pavilion

Monday, July 1, 2002                        Jaycee Park                             Gathering Pavilion

Monday, July 15, 2002            Garden Club Park                     Park Pavilion

Monday, August 5, 2002            Optimist Park                           Cultural Center

Monday, August 29, 2002            Kiwanis Park                          Park Pavilion

Motion was made by Comm. Dwyer and seconded by Comm. Loiselle for approval of the resolution.  Carried unanimously.

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4j.  AT & T Comcast Cable Transfer –

 

RES. #2002-84

 

RESOLUTION APPROVING THE TRANSFER

OF CONTROL OF COMCAST CABLEVISION

OF THE SOUTH, INC.’S CABLE FRANCHISE WITH

THE CITY OF PLYMOUTH TO AT&T COMCAST CORPORATION

 

 

WHEREAS, Comcast Corporation has submitted a Form 394 application for franchise authority consent to transfer of control of the cable television franchise held with the City of Plymouth to AT&T Comcast Corporation.

 

WHEREAS, the City of Plymouth, as the franchise authority, has had the opportunity to review the Form 394 application for franchise authority consent to transfer of control of the cable television franchise held with the City of Plymouth to AT&T Comcast Corporation.

 

IT IS RESOLVED, that the City of Plymouth, as the franchise authority, hereby consents to the within described transfer of control to the extent that such consent is required by the terms of the franchise and applicable law.

 

Adopted on the 20th day of May, 2002.

 

                                                                        William Graham, Mayor

 

Motion was made by Comm. Dwyer and seconded by Comm. Loiselle for approval of the resolution.  Carried unanimously.

 

 

 

4k.  Riding Lawnmower Purchase –

 

RES. #2002-85

 

WHEREAS, the City of Plymouth uses a variety of lawn mowing equipment to maintain public properties and from time to time this equipment needs replacement; and

 

WHEREAS, the City Administration did seek bids for the purchase of a new riding lawn mower and the low bid is from Mark’s Outdoor Power Equipment.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission does hereby authorize the purchase of a new riding lawn mower in accordance with the bid specifications from Mark’s Outdoor Power Equipment in the amount of $7,587.00.  This purchase is authorized from 661-000-140.000 of the fiscal 2001-2002 year budget.

 

Motion was made by Comm. Dwyer and seconded by Comm. Loiselle for approval of the resolution.  Carried unanimously.

 

 

4l.  Brick Pavers for Kellogg Park –

 

RES. #2002-86

 

WHEREAS, the City Commission has established the goal of making improvements to public spaces and the brick walkways in Kellogg Park and in the Downtown Area are in need of repair;and

 

WHEREAS, the City Administration did seek bids for the replacement of the bricks in Kellogg Park and the Downtown area and the low bid is from Mark Baldwin and Associates.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of Plymouth does hereby accept the low bid from Mark Baldwin and Associates for brick paver repairs in Kellogg Park and the Downtown area.  This contract is authorizing a total of $15,000 in paver repairs in Kellogg Park and $5,500 in repairs for specified locations in the Downtown Development District. DDA repairs to be funded by DDA Fund.

 

Motion was made by Comm. Dwyer and seconded by Comm. Loiselle for approval of the resolution.  Carried unanimously.

 

 

 

COMMISSION COMMENTS

 

Comm. Dwyer spoke about how well organized and friendly the Hazard Waste Day event was at the Plymouth Township facility.  He stated he only waited an hour and felt it was a great success.  He spoke about the new planters being put in place by CSX Railroad at the crossings on Main Street by Bodes Restaurant.  He thanked the Plymouth Afternoon Rotary club for planting flowers on Saturday on Main Street between the park and the businesses.  He stated he appreciated the comments concerning the OVDA by Mr. Oppat, but very strongly feels that the members of that particular board deserve better than having members of their board acting in the manner they have been doing.

 

Comm. Loiselle  spoke about the recent death of former Mayor Jack Kenyon and stated he will be missed by everyone for all his contributions to the community.

 

Comm. Potter stated she feels it is unfortunate that Mr. Bunting left angry and was not staying long enough to hear the discussion concerning appointments.  She spoke about the OVDA Meeting that she and the Mayor Pro-tem attended recently and the conversation concerning the proposed annexation of Old Village to the township.  She stated that Mr. Bunting has not read or chose to ignore the Mission Statement plan for Old Village.  She spoke about the Commissioners and Department Heads recent visit to Hillsdale for Mayor’s Exchange Day, and how nice it is to see the differences in the communities and exchange ideas.  She stated that their Elected Officials and Department Heads arrive on Thursday to visit the City of Plymouth and everyone was looking forward to the day.

 

Mayor Pro-tem Pobur spoke about the group from Hillsdale arriving in Plymouth on Thursday and spoke about the agenda for their visit.  She spoke about the recent Ice Show event at the Cultural Center and what a great success it was.  She informed everyone that the Cultural Center had received another recreation grant from HVA, for the amount of $2,000 to purchase automatic external deliberators and train personnel for use of this device.  She also spoke about the Wilcox Foundation agreeing to provide additional funding towards the portable skate park for the City of Plymouth and the City of Northville.  Mayor Pro-tem Pobur made the announcement that the City is now ready to take automatic bill payments for water bills.

 

 

OLD BUSINESS

 

6a.  Property Maintenance Ordinance (second reading) –

 

RES. #2002-87

 

WHEREAS, the City of Plymouth, Michigan, currently has in place a regulatory ordinance which specifies the Property Maintenance Code that must be followed in the City of Plymouth; and

 

WHEREAS, the International Code Commission has developed a modern, up-to-date property maintenance code governing the maintenance of existing buildings; and

 

WHEREAS, the International Property Maintenance Code, using model code regulations, provides clear and specific property maintenance requirements with required property improvement provisions; and

 

WHEREAS, the City of Plymouth desires to adopt and enforce the International Property Maintenance Code 2000 within the City of Plymouth.

 

NOW, THERERFORE, BE IT RESOLVED, that the City Commission of the City of Plymouth hereby amends its Code of Ordinances to adopt by reference the International Property Maintenance Code 2000, and any accumulative supplements thereto, as published by the International Code Council, Inc. by amending chapter 1, general provisions section 1-13, general penalty, paragraph (a)(5) and article VII, Property Maintenance Code, of Chapter 18 Building regulations of the Code  of the City of Plymouth and replace with new section 1-13 paragraph (a)(5) and Article VII, of Chapter 18, Building Regulations.

 

BE IT FURTHER RESOLVED, that a violation of the International Property Maintenance Code, as adopted herein, shall be a civil infraction, as defined in the Plymouth Code, and shall carry a civil fine as defined in the Plymouth Code.

 

BE IT FURTHER RESOLVED, that this ordinance amendment will take affect 21 days following adoption and publication.

 

BE IT FURTHER RESOLVED, that the aforementioned codes and Ordinance Amendments are hereby approved at their second reading.

 

Motion was made by Comm. Dwyer and seconded by Comm. Loiselle for approval of the resolution.  Carried unanimously.

 

 

NEW BUSINESS

 

7a.  Selection of City Auditor –

 

Comm. Greene submitted a memorandum to the Commission requested to be allowed to abstain from voting on the selection of the City Auditor because her business relationship and friendship with Dave Williamson from that particular firm.

 

Mayor Pro-tem Pobur requested a roll call vote for allowing Comm. Greene to abstain from voting on the resolution.

 

                        Comm. Loiselle             NO

                        Comm. Dwyer                          NO

                        Comm. Potter                           NO

                        Comm. Pursell              NO

                        Mayor Pro-tem Pobur             NO

 

Motion Failed.

 

RES. #2002-88

 

WHEREAS, the City Commission is required to engage the services of an independent Certified Public Accountant to complete an audit of the City’s financial books each year; and

 

WHEREAS, the City did accept proposals from auditing firms for the auditing and consulting services; and

 

WHEREAS, a sub-committee of the City Commission did review the proposals and make a recommendation.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of Plymouth does hereby authorize a contract for auditing and consulting services with Post, Smythe, Lutz and Ziel, LLP, CPA of Plymouth, Michigan for the fiscal years ending June 30, 2002, 2003 and 2004.  The terms and conditions of the contract shall be in compliance with the proposal submitted by the firm.

 

Motion was made by Comm. Loiselle and seconded by Comm. Potter for approval of the resolution.  Carried unanimously.

 

 

7b.  Infrastructure Improvement Program –

 

RES. 2002-89

 

WHEREAS, the City Commission set the Goal of making improvements to the City’s infrastructure on January 7, 2002; and

 

WHEREAS, the City Administration developed the 2002 Infrastructure Improvement Plan and they did seek bids on this project.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of Plymouth does hereby authorize a contract with Peter Basile Sons, Inc. for the 2002 Infrastructure Improvement Program in accordance with the Bid Documents in an amount of $1,978.458.35.

 

BE IT FURTHER RESOLVED THAT the City Administration is authorized to establish a construction contingency of up to 10% of the project costs or up to $197,850.00 to be able to immediately respond to unknown or hazardous conditions or other requirements in order to complete the job in a timely manner.

 

Motion was made by Comm. Dwyer and seconded by Comm. Pursell for approval of the resolution.  Carried unanimously.

 

 

7c.  Vactor Lease Agreement –

 

RES. #2002-90

 

WHEREAS, the City of Plymouth maintains a sewer system to protect the public health, safety and welfare and the City uses sewer cleaning equipment to maintain those sewers; and

 

WHEREAS, from time to time the equipment needs to be replaced and the City Administration did anticipate that they would replace a 1996 Model 2100 Vactor Sewer Cleaner in the 2002-03 Fiscal Year; and

 

WHEREAS, the current unit did experience a critical mechanical failure that will result in extensive repair costs; and

 

WHEREAS, the City Administration did review the options of repairing the existing unit or to begin to order a replacement unit for delivery early in the 2002-03 fiscal year.  Based on this review the Administration did recommend ordering a replacement unit.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission does hereby authorize the use of the Charter Township of Canton’s bid procedure to lease a new 2002 Model 2100 Series Vactor Jet Rodding Machine.  The City Commission further authorizes the City Administration to trade in the existing unit in an “as-is” condition.

 

BE IT FURTHER RESOLVED THAT the City Commission directs the City Administration to review purchase and financing opportunities and report back to the City Commission at the June 3, 2002 regular meeting.

 

Motion was made by Comm. Dwyer and seconded by Comm. Greene for approval of the resolution.  Carried unanimously.

 

 

REPORTS AND CORRESPONDENCE

 

8a.  Committee Reports – None

 

8b.  Department Reports -  None

 

8c.  Appointments – Mayor Pro-tem Pobur discussed the issue of two members of the OVDA Board that have been working against that particular group and went to the township to discuss annexation of the Old Village area.  She indicated that the Commissioners have discussed this issue and even though the Mayor is absent he has given his approval for going ahead and removing Peter Bunting and Matt Cardwell from the Old Village Development Authority.  She stated that the OVDA and the City of Plymouth would be actively seeking replacements and would be taking applications.

 

ADJOURNMENT

 

Hearing no further discussion, a motion was made by Comm. Potter and seconded by Comm. Loiselle for adjournment of the meeting at 8:00 p.m.   Carried unanimously.