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November 04, 2002

CITY OF PLYMOUTH

CITY COMMISSION

MONDAY, NOVEMBER 4, 2002


A regular meeting of the Plymouth City Commission was held at 7:00 p.m. on Monday, November 4, 2002 at Plymouth City Hall, Plymouth, Michigan 48170.

 

PRESENT:  Mayor Bill Graham, Commissioners  Michele Potter, Stella Greene, Phil Pursell, Dan Dwyer, Ron Loiselle

 

ABSENT:    Mayor Pro-tem Pobur excused.

 

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

 

1.                  CALL TO ORDER

 

a.                   Pledge of Allegiance led by Mayor Graham.

 

2.         CITIZEN COMMENTS

 

Lynn Gill, 358 W. Liberty, requested a status report on the Dr. Broe issue.  Mayor Graham stated that the citations were pending at 35th District Court and the hearing will be November 20, 2002.    Ms. Gill stated that the Homeowners Association, formed by the residents of Old Village, would have documentation for the City Attorney by next week.   Ms. Gill asked where the Homeowners Association could meet, City Manager, Sincock stated they could meet at the City Hall, scheduling date and times with the Manager’s office.

 

3.                  APPROVAL OF THE AGENDA

 

A motion was offered by Comm. Pursell to approve the agenda, seconded by Comm. Loiselle.  Motion carried unanimously.

 

4.                  ENACTMENT OF THE CONSENT AGENDA

 

Comm. Potter  would like to amend the consent agenda to reflect 4.f moved to 7.b and 4.e, which is actually two (2) resolutions, moved to 7.f.

 

Comm. Greene inquired if the adjacent residents are contacted in regards to the easement agreements.  Mayor Graham stated that they were not, due to it being public property, electricity is needed for the new homes being built on Sheridan and a guy wire is needed for the Elm Street Playground property.

 

 

 

4a.       Approval of the October 21, 2002 City Commission Meeting Minutes and Special Meeting Minutes.

 

 

A motion to approve the October 21, 2002 City Commission Regular Meeting Minutes

and Special Meeting Minutes as amended was offered by Comm. Potter and seconded by

Comm.Greene.  Motion  carried unanimously.

 

            4.b.      Special Event:  Children’s Memorial Candlelighting

                                RES. # 2002-152

 

SPECIAL EVENT RESOLUTION

 

        Sponsoring Organization:        Compassionate Friends, Inc. 734-762-9440

                                                                        Western Wayne County Chapter

        Organization Address:                       29447 Ravine, Livonia, MI 48152

 

        Organization’s Agent:               Janet Johnson                          734-207-3370

 

        Agent’s Title:                            Candlelight Memorial Chairperson

 

        Agent’s Address:                      1305 Woodland Place, Plymouth

  
       
Event Name;                      International Children’s Memorial Day Candlelighting

Purpose:                             To remember children around the world, but

                                                            Especially in our community, who have died.

Event Dates:                      December 8, 2002

 

Event Times:                      6pm – 9pm (Lighting of candles 7-8pm)

 

Coordination with              Walk of Trees & A Plymouth Christmas

Other annual events:

 

Event Location:                  Kellogg Park

 

Event Type:       [  ] City Operated     [  ] Co-sponsored   Allocation__________

 

                            [X] Other Non-Profit     [  ]  Other For-Profit

 

Annual Event:   [X] YES     [  ] NO

 

             Normal Schedule:

 

             Next year’s reserved dates:

 

Motion was offered by Comm. Potter and seconded by Comm. Greene as amended.  Motion carried unanimously.

 

4.c.      Special Event:  Women’s National Farm & Garden Club 

            RES. # 2002-153

 

SPECIAL EVENT RESOLUTION

 

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:      Women’s National Farm & Garden Club 734-207-0563

 

Organization Address:           46314 Wesford Ct., Plymouth

 

Organization’s Agent:                       

 

Agent’s Title:                                    

 

Agent’s Address:                              

 

Event Name:                          Greens Sale

 

Purpose:                                 Raise money for organization-money always used for community-scholarship-etc.

 

Event Dates:                          Dec. 7, 2002

 

Event Times:                          10:30 am – 3:00 pm

 

Coordination with                   Walk of Trees

Other annual events:

 

Event Location:                      Gathering

 

Event Type:                [  ] City Operated         [  ] Co-sponsored         Allocation________

 

                                    [ x ] Other Non-Profit              [  ] Other For-Profit

 

Annual Event:            [ x ] YES         [  ] NO

 

            Normal schedule:

 

Next year’s reserved dates:                  

 

Motion was offered by Comm. Potter and seconded by Comm. Greene as amended.  Motion carried unanimously.

   

4.d.      Easement Agreement – Sheridan

            RES #2002-153

 

WHEREAS      The City of Plymouth has the authority to grant easements across its property and the Detroit Edison Company has requested such an easement, and

 

WHEREAS      The Easement Agreement has been reviewed by the City Administration and the City Attorney’s Office.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of Plymouth

Does hereby authorize an easement agreement between the City of Plymouth and the Detroit

Edison Company in accordance with Detroit Edison Underground Easement (Right of Way)

Number 433908.

 

Motion was offered by Comm. Potter and seconded by Comm. Greene as amended.  Motion carried unanimously.

 

5.                  COMMISSION COMMENTS:

 

Comm. Greene reminded everyone to vote in the General Election on Tuesday, Nov. 5, 2002.

 

Comm. Potter inquired about leaf pickup.  City Manager, Sincock stated that leaf pickup has been in progress for two (2) weeks and will continue to pickup until leaves are frozen in.

 

Mayor Graham commented on the Annual Chamber Auction, he stated it was well attended and carried out.  The Mayor received positive comments on the team effort of the City Commission since 1999, specifically, the Infrastructure Program, water and sewer program and streets.

 

6.         Old Business

 

a.                  Teamster Grievance

RES. # 2002-154

 

RESOLUTION

 

WHEREAS      the Plymouth City Commission does hereby deny the grievance filed by Teamster Local 214,

 

BE IT FURTHER RESOLVED, that the City Administration in consultation with the

City Attorney’s office is directed to notify the Teamster’s Business Agent, representing 

the employee, of the City Commission’s action in this matter.

 

Comm. Dwyer, who has worked in municipal government for a long time, has never seen

grievances brought to the Commission.  Comm. Dwyer feels this is a personnel matter

and should be handled by administration.  Comm. Dwyer would like to see contract

altered when it comes up.

 

A motion was offered by Comm. Potter and seconded by Comm. Loiselle.  Motion

carried unanimously.   

 

5.         Commission Comments (continued)

           

Mayor Graham stated that the Commission received a letter from Comm. Greene indicating that her Aunt Lucille Hanna McCollough, was inducted into the Michigan Women’s Hall of Fame at the 19th Annual Awards Dinner on October 30, 2002.

 

Comm. Greene stated that her aunt served in the Michigan Legislature for 20 years.    Aunt Lucille was the Co-sponsor for the Michigan Education Act, which was the basis for our educational system in Michigan, she was involved in the Civil Rights issue of women applying for credit on the same basis as men and not discriminated against, the Clean Air Act, and the Great Lakes Act. 

 

7.         New Business

 

            7.a       Western Wayne Fire Mutual Aid Agreement

                        Res. # 2002-155

 

RESOLUTION

 

WHEREAS      The City of Plymouth provides for fire services in order to protect the public health, safety and welfare, and

 

WHEREAS      There is a need from time to time to seek additional resources to assist in the variety of fire, emergency medical and hazardous materials responses from neighboring communities, and

 

WHEREAS      The Western Wayne County Fire Department Mutual Aid Association is being formed to insure mutual aid responses as needed.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of

Plymouth does hereby authorize the Mayor and City Clerk to enter into the agreement creating

the Western Wayne County Fire Department Mutual Aid Association.

 

Comm. Greene inquired if this was a current package, City Manager stated that it is the

package that we currently participate in, just an updated version.

 

Mayor Graham stated that this gets discussed on a regular basis at the Conference of Western

Wayne.  

 

A motion was offered by Comm. Pursell and seconded by Comm. Loiselle.  Motion

carried unanimously.

 

7.b.      First Reading of Ordinance to Adopt Michigan Motor Vehicle Code

            Res. #2002-156

 

WHEREAS      The City of Plymouth does hereby desire to update it’s City Ordinances, and

 

WHEREAS      The State of Michigan adopted a new motor vehicle code.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of

Plymouth does hereby   adopt an Ordinance to adopt the Michigan Motor Vehicle Code by

Reference at its first reading as attached.

 

A motion was offered by Comm. Potter and seconded by Comm. Pursell.  Motion

carried unanimously.

 

7.c.      Telecommunications Ordinance – First Reading

            Res. # 2002-157

 

RESOLUTION

 

WHEREAS,     on March 14, 2002, the Governor of the State of Michigan approved the

Metropolitan Extension Telecommunications Rights-of-Way Oversignt Act, being Public Act 48 of 2002; and

 

WHEREAS,     the Act has an effective date of November 1, 2002; and

 

WHEREAS,     Public Act 48 of 2002 may render portions of the City of Plymouth’s Telecommunications Ordinance No. 98-10 unenforceable; and

 

WHEREAS,     Public Act 48 of 2002, Section 4, being MCL §484.3104(1), provides that after the effective date of the Act, a municipality shall not enact, maintain, or enforce and ordinance, local law, or other legal requirement applicable to pass telecommunications providers that is inconsistent with this Act or that assesses fees or requires other consideration for access to or use of the public rights-of-way that are in addition to the fees required under this Act; and

 

WHEREAS,     the City of Plymouth realizes that its current Telecommunication Ordinance No. 98-10 may violate Public Act 48 of 2002 if left in its current form;

 

NOW, THEREFORE, BE IT RESOLVED THAT:

 

                        The City of Plymouth City Commission hereby amends its current Telecommunications Ordinance No. 98-10, existing as of this date, by way of adoption of the amended Ordinance attached to this Resolution.  The language of the adopted amended Ordinance attached to this Resolution shall replace, in total, the existing Telecommunications Ordinance No. 98-10 as of this date.

 

Adopted on the 4th day of November 2002.

 

                                                                                 
                                      ___________________________
                                         
William S. Graham, Mayor

 
Attest:___________________________

                               Linda J. Langmesser, Clerk

 

Comm. Pursell inquired in regards to new paving and if the lines of communication are open 

to when the City is planning new paving construction if the utility companies are informed

so that new fiber optic lines can be placed in at that time.

 

City Manager, Sincock stated that the City has been successful with Consumers Energy, and tries

to coordinate with all utilities as much as possible. 

 

Ken Wheeler, resident, is confused in regards to Comcast menu changes.  Mayor Graham stated

that WOW has an interactive menu and ongoing menu.  The Mayor stated that all franchises

have certain guidelines that they have to follow and suggested calling Comcast to have questions

answered.

 

A motion was offered by Comm. Loiselle and seconded by Comm. Pursell.  Motion

carried unanimously.

 

7.d.      Telecommunications Right of Way –Opt In

            RES # 2002-158

 

RESOLUTION

 

WHEREAS,     on March 14, 2002, the Governor of the State of Michigan approved the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, being Public Act 48 of 2002; and

 

WHEREAS,     the Act has an effective date of November 1, 2002; and

 

WHEREAS,     Public Act 48 of 2002 will render portions of the City of Plymouth’s Telecommunications Ordinance No. 98-10 unenforceable; and

 

WHEREAS,     under Public Act 48 of 2002, the City of Plymouth may elect to enforce existing telecommunications permits as they stand, or may “opt in” to receive a pro rata share of annual maintenance fees collected by the newly created Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority from telecommunications providers; and

 

WHEREAS,     unless the City of Plymouth affirmatively “opts in” by resolution or ordinance on or before December 31, 2003, it may not receive its proportional share of the annual maintenance fees; and

 

WHEREAS,     Public Act 48 of 2002 will limit the application fee for a telecommunications permit to $500.00; and

 

WHEREAS,     the City of Plymouth will collect a pro-rata share of the annual fees collected by the Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority from telecommunications provides if it “opts In” as provided in Section 13 of the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act,

NOW, THEREFORE, BE IT RESOLVED THAT:

 

                        The City of Plymouth City Commission, in accordance with Section 13(4) of the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, hereby resolves to “opt in” to receive fee-sharing payments as provided in Section 10 of the Metropolitan Extension Telecommunications Rights-of-Way Act, and to modify to the extent necessary any fees charged to telecommunications providers that have received a telecommunications permit from the City of Plymouth to an amount not exceeding the amounts of fees and charges required under the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act.  This Resolution shall apply to any and all applicable telecommunications matters as of November 1, 2002.  The City Clerk is hereby instructed to provide a copy of this Resolution to all telecommunications providers affected by the Metropolitan Extension Telecommunications Rights-of-Way Act.

 

Adopted on the 4th day of November 2002.

 

                                                                        ________________________________

                                    William S. Graham, Mayor

 

         Attest: ________________________________

                                Linda J. Langmesser, Clerk

 

 
Comm. Potter stated that this smacks of Revenue Sharing and she will be surprised if we see any money from this. 

 

Mayor Graham stated that Comm. Potter, Greene and himself attended the Michigan Municipal League Conference last March.  The Mayor stated that all three (3) attended different seminars at this conference.   Mayor Graham stated that he attended the seminar on Telecommunications and the Governor wanted to enhance telecommunication in the outlying areas, primarily the Upper Peninsula and Upper Lower Peninsula.

 

Comm. Potter questioned what would happen if we didn’t “opt in”.  City Attorney, Marzano stated that currently our ordinance provided for an application fee and maintenance fee annually, with the State “opt in” program, the State would charge a one time application fee and annual maintenance fee and we would receive a percentage of that.   Marzano stated that this was a one-time opportunity to “opt in”. 

 

A motion was offered by Comm. Potter and seconded by Comm. Dwyer.  Motion carried unanimously.

 

7.e       De-icing Pellets

            RES # 2002-159

 

RESOLUTION

WHEREAS      The City of Plymouth uses deicing pellets during the winter months to protect the Public health, safety and welfare, and

 

WHEREAS      The City Administration did seek sealed bids for an estimated 1,360 – 50 pound bags of Peledow De-icing Pellets and the low bidder was Gordon Food Service of Grand Rapids, Michigan.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of Plymouth

does hereby accept the low bid from Gordon Food Service of Grand Rapids, Michigan in the

amount of $8.45 per 50 pound bag of Peledow Deicing Pellets.  The minimum order shall be for

a single pallet.

 

Comm. Potter asked if the product Ice Buster had been tested because of the lower price per bag

of $7.86 compared to $8.45 for the Peledow.   The City Manager stated that Ice Buster had not

been tested, however, they could do the testing this year.   City Manager stated that the price for

Peledow had remained the same as last year’s price. 

 

Comm. Pursell inquired about the compatibility of the other de-icing pellets for the Parking

Deck.  City Manager stated that the architects recommended Peledow for the sealer protection of

the parking deck.  Comm. Loiselle asked if Ice Buster was an exact equivalent.   City Manager

stated that it was not.  Mayor Graham would like administration to take a look at Ice Buster

and test it this year. 

 

A motion was offered by Comm. Pursell and seconded by Comm. Greene.  Motion carried.

 

7.f.  Easement Agreement – Elm Street Park

        RES # 2002-160

 

ALTERNATIVE RESOLUTION

 

WHEREAS      The City of Plymouth has the authority to grant easements across its property and the Detroit Edison Company has requested such an easement, and

 

WHEREAS      The Easement Agreement has been reviewed by the City Administration.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of Plymouth

does hereby authorize an easement agreement between the City of Plymouth and the Detroit

Edison Company in accordance with Detroit Edison Underground Easement (448184) with the

following changes:

 

Section 3 shall read as follows:  “No buildings or other permanent structures are allowed in the

Right of Way Area without the Grantor’s (City’s) prior written consent.

 

Section 4 shall be eliminated from the agreement.

 

Comm. Dwyer stated that he understands that Detroit Edison wants to put in a guy wire due to a

crooked pole, and questions why can’t they just put in a new straight pole.  City Manager stated

that Edison feels it is cheaper to put in a guy wire.  City Manager, Sincock  indicated that the guy

wire  would extend 10 feet out into the playground area and there would be no advantage to this

action. 

 

Comm. Greene prefers to table this issue and discuss with Detroit Edison a safer alternative.

 

A motion was offered for the alternative resolution by Comm. Potter and seconded by Comm.

Loiselle.  Motion defeated 0-7.

 

8.         Reports and Correspondence

 

a.                   Comm. Dwyer submitted Liquor License Sub-Committee report. 

 

Peter Bunting, 256 Farmer, stated he would like Old Village included into this research.  Comm. Dwyer stated that the Neighborhood Services Committee includes Old Village.

 

Comm. Dwyer stated that if any resident wishes to share their thoughts with the Sub-Committee on the question of enough liquor licenses or outdoor cafes in the community please feel free to contact any of the committee members or the City Manager.

 

Comm. Dwyer submitted Youth Leadership Update report.  Mayor Graham stated that on October 28th, 2002 we kicked-off the third year of Youth Leadership Plymouth with Parent Student Orientation.   This years class consist of 38 eighth graders. 

 

Comm. Loiselle stated that the first Youth Leadership Plymouth, 35 students, are now in High School and have organized the Interact Club, which resembles the Plymouth Rotary Club.

 

Mayor Graham stated that City Manager, Sincock stated that the first Charter Review Committee, organizational meeting, will be held on Wednesday, November 20, 2002 at 7:00 pm in the Commission Chambers at City Hall.

 

Mayor Graham received a correspondence from Kathy Jordan, Regional Manager of Detroit Edison informing the City of their Tree Grant Program.  City Manager, Sincock stated that this program will be City-wide including Old Village to replace trees.  Edison will match up to $4,000 and total project cannot exceed $8,000.   City Manager stated that this project will help defray the cost to residents to replace trees infected with the Bore Ash infestation.  Comm. Pursell asked how many Ash trees on easement has the City removed due to infestation, City Manager stated 40 trees.

 

Comm. Greene stated that last Thursday CSAP met and that DARE is not the direction the school system wanted to go and wanted to restructure with the Police Department with the TEAM concept.

 

Comm. Loiselle stated that the Commission approved the Employee Health Care Benefits, however he feels that a sub-committee, consisting of administration, commission and employees, should be formed to review employee health care benefits policy, reimbursement and options since health care has gone up 25%.

 

Mayor Graham stated that in the first meeting in December the Commission will conduct a special meeting prior to the regular meeting to discuss this issue.  Mayor Graham instructed Carol Stone to review all health care coverage in the interim.

 

Mayor Graham stated that Comm. Greene invited him to attend the Cultural Alliance meeting at the Library with various groups such as Arts Council, Historical Museum, Detroit Symphony and the President of Greenfield Village in regards to Proposal K.  If Proposal K passes there will be a redistribution of Arts, Cultural and recreational money.  Mayor Graham suggested a consortium be formed with Plymouth City, Plymouth Township, Canton Township, and Northville Township to assist in the distributions of certain money from the County.

 

b.                  Department Reports

c.                   Appointments

 

9.         Adjournment

 

A motion was offered by Comm. Loiselle and seconded by Comm. Pursell for adjournment.  Motion carried. Mayor Graham adjourned the meeting at 8:10 p.m.