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November 18, 2002

CITY OF PLYMOUTH

CITY COMMISSION MEETING

 MONDAY, NOVEMBER 18 2002

 

A regular meeting of the Plymouth City Commission was held at 7:00 p.m. on Monday, November 18, 2002 at Plymouth City Hall, 201 S. Main Street, Plymouth, Michigan 48170.

 

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

 

Also present were City Manager, Paul Sincock,  John Martin, filling in for Bob Marzano, City Attorney, as well as various Department Heads.

 

1.                  CALL TO ORDER

 

a.                   Pledge of Allegiance led by Mayor Graham.

 

2.         CITIZEN COMMENTS

 

Malcolm Olds, 336 N. Harvey, requested an update on the Bathey issue.  Paul Sincock, City Manager stated that the court ruled in favor of the City and it is in the appeal period.  The owner of the property has been served with an eviction notice.

 

Greg Powell, representative of the Brotherhood of Locomotive Engineers, addressed their safety concerns for the City of Plymouth beginning in January.  CSX Railroad will begin utilizing their remote control engines.  FRA is currently establishing guidelines for this process.  The Brotherhood of Locomotive Engineers is not opposed to this technology, nor will any jobs be lost.  They are opposed to the inadequacy of training, longer blocked railroad crossings, hazardous material handling, loss of communication with remote control and no hard core regulations.  Canada has been utilizing remote controls for a while, but not out of the yards.  The Brotherhood of Locomotive Engineers are asking Michigan Cities and Townships to adopt a resolution to ban remote controls in the City of Plymouth.  Mayor Graham stated that our local and State ordinance on timelines and guides for the community’s safety and those ordinances were tossed and now it falls under Interstate Commerce controlled by Congress and FRA.   Mayor Graham stated that we have had bad legislation on the Federal level, which takes local control away.  Mayor Graham believes that to pass a resolution will send a weak message, from a community of 9,000 people, to Washington, who have no desire to hear what we have to say.  Mayor Graham stated he believed what Mr. Powell is saying and that the Commission will take this matter under advisement, but does not want the City to be sued, however they will communicate concerning this matter with the City Attorney. 

 

3.                  APPROVAL OF THE AGENDA

 

A motion was offered by Comm. Pursell to approve the agenda, seconded by Mayor Pro-tem Pobur.  Motion carried unanimously.

 

4.                  ENACTMENT OF THE CONSENT AGENDA

 

Comm. Pursell  would like to amend the consent agenda to reflect 4.f moved to 7.g.

 

4a.       Approval of the November 04, 2002 City Commission Meeting Minutes.

 

A motion to approve the November 4, 2002 City Commission Regular Meeting Minutes

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

unanimously.

 

            4.b.      Approval of October Bills

 

A motion was offered to approval the October Bill by Comm. Loiselle and seconded by Comm. Potter.  Motion carried

.

            4.c.      Snow and Ice Control Policy

                        RES. #2002-161

           

WHEREAS      The City of Plymouth completes snow and ice control measures in order to protect the public health, safety and welfare, and

 

WHEREAS      The City annually updates its Snow and Ice Control Policy that directs and gives responsibilities to various City Departments.

 

NOW THEREFORE BE IT RESOLVED THAT the City of Plymouth does hereby adopt the

City of Plymouth Department of Municipal Services Snow and Ice Control Policy as revised

in November 2002.

 

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

 

4.d.      Special City Commission Meeting – Goal Setting

                        RES. # 2002-162

 

WHEREAS      The City Commission routinely establishes Special Meetings of the City Commission in order to discuss goals for the upcoming year and beyond.

 

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

Plymouth does hereby establish Monday, January 13, 2003 at 6:30 p.m. at the Plymouth

Cultural Center, 525 Farmer Street as the date and location for a Special Meeting of the

Commission for the purposes of Goal Setting.

 

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

             

4.e.      Authorization to Hire

                        RES #2002-163

 

WHEREAS      the City of Plymouth has an Ordinance which requires that the City Manager seek prior and express approval before filling any full time employee position within the City staff, and

 

WHEREAS      the City Department of Municipal Services recently had the resignation of a Maintenance Man II position, and

 

WHEREAS      the City Administration is currently seeking prior and express approval to begin the hiring process for a Maintenance Man II position.

 

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

Plymouth does hereby grant prior and express approval for the hiring of a Maintenance Man

II.

 

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

  

5.                  COMMISSION COMMENTS:

 

Comm. Greene commended the DDA Director for the current newsletter, stating it was well done, informative and timely. 

 

Comm. Loiselle stated it would be informative to the Commission to receive minutes from the DDA and Planning Commission meetings.    Comm. Loiselle also stated it would be nice to receive Planning Commission site plans.  Building Official, Jim Penn stated that full plans are always kept in the Building Department Office for review. 

 

Comm. Potter reminded everyone that the Youth Commission will be meeting on November 25 at the City Hall from 5:00 p.m. to 7:00 p.m.

 

Mayor Graham commended Mayor Pro-tem Pobur for participating in a strong, well run, solid campaign for Governor Elect Granholm, great job.

 

Mayor Pro-tem Pobur stated that Revenue Sharing is coming up for consideration on December 3 or 4, 2002 and the current administration is doing some very aggressive things on this issue.

 

6.         Old Business

 

a.                  Ordinance to Adopt Michigan Motor Vehicle Code – Final Reading

RES. # 2002-164

 

 

WHEREAS      The City of Plymouth does hereby desire to update its 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 second and final reading.

 

A motion was offered by Mayor Pro-tem Pobur and seconded by Comm. Greene. 

Motion carried.

                       

6.b.  Telecommunications Ordinance – Final Reading

        RES. 2002-157

 

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, 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 telecommunications providers that is inconsistent with this Act; and

 

WHEREAS, the City of Plymouth realizes that it’s current Telecommunication Ordinance No. 98-10 amy 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

 

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

 

7.         New Business

 

            7.a       Emergency Purchase Authorization – Sewer Meter Rentals

                        Res. # 2002-165

 

RESOLUTION

 

WHEREAS      The City of Plymouth is required to participate in a sewer flow monitoring program as part of the Federal Court Oversight of the Detroit Sewer System, and

 

WHEREAS      The City has had Sewer Flow Meters in various locations in the sewer system throughout the City, and

 

WHEREAS      It became necessary to rent a total of 17 replacement meters and install them in the sewer system and these rentals were authorized as an emergency purchase.

 

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

Plymouth does hereby authorize the emergency purchase of rental and repair services for

sewer flow meters from Martin Controls Services, Inc. of 340 N. Main Street, Plymouth, 

Michigan in the amount of $13,907.00.  Funding for this expense is authorized from the City’s

Water and Sewer Fund.

 

BE IT FURTHER RESOLVED THAT the City Administration is hereby directed to

determine what portion of these costs can be billed to Plymouth Township as a result of the

1993 Sewer Flow Data Agreement between the two communities.

 

Comm. Loiselle inquired in reference to the cost of backup meters, City Manager, Sincock

stated it is $2,000 to $3,000 per meter.  City Manager stated that all meters will be replaced

due to age (10 years) and technology.

 

Mayor Pro-tem Pobur  inquired if the Township  has paid their half in the past.  City Manager,

stated that the Township has never been billed as of yet and the amount could be up to

$100,000.

 

Comm. Potter inquired if the City of Plymouth could receive federal money for this and City

Manager, Sincock stated he doubted that that would happen.  Comm. Potter inquired if the

Township had been contacted, the City Manager stated that they had not, and when all the

information is compiled, Plymouth Township would be contacted. 

 

Comm. Greene inquired as to the invoice and the City Manager stated that it was a 2001

invoice and that they were clearing it up.

 

Comm. Pursell stated that possibly Administration could take a look at Proposal I.

 

Comm. Loiselle stated that from the dates of the invoices this will effect our 2002 audit.

 

A motion was offered by Mayor Pro-tem Pobur and seconded by Comm. Loiselle.  Motion

carried unanimously.

 

7.b.      Final Payment Corby Energy

            Res. #2002-166

 

WHEREAS      The City completed a street lighting project on Starkweather between Main and Farmer Streets and the project was completed by Corby Energy Services, Inc., and

 

WHEREAS      Corby Energy Services has submitted a first and final pay request in the amount of $41,376.50.

 

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

Plymouth does hereby   authorize payment to Corby Energy Services, Inc. in the amount of

$41,376.50 for work completed on the Starkweather Street Lighting project.  Funding for this

project is to be authorized from the Neighborhood Services Fund.

 

City Manager stated that this is the first and final payment with some extras in excess of what

the Commission approved and it has come back to the Commission for final approval.

 

City Manager Sincock stated that this project was funded by Neighborhood Services Fund and

that the General and Block Grant funded the $19,000 for the lights.  Comm. Loiselle pointed

out that the total expenditure for lights in Old Village was $60,000.

 

A motion was offered by Comm. Pursell and seconded by Mayor Pro-tem Pobur.  Motion

carried unanimously.

 

7.c.      Sidewalk Assessments for Winter Tax Rolls

            Res. # 2002-167

 

RESOLUTION

 

WHEREAS,     the City Treasurer has reported delinquent sidewalk invoices in the amount of $10,057.65 and

 

WHEREAS,     the City Charter and local ordinances permit the placement of such charges annually on the tax rolls of the City,

 

NOW, THEREFORE, BE IT RESOLVED THAT, the specific charges included in the

Attached listing, be assessed against the properties benefited and be included on the 2002

winter tax roll in the amount of $10,057.65 as provided by the City Charter and applicable

Ordinances.

 

Comm. Dwyer stated that the sidewalk replacement is the best program the City performs.

 

Mayor Graham stated that the total assessment is $10,057.65 and a total of $55,000 is billed to

residents.

 

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

                        .

           

7.d.      Capital Improvement Plan

           

            City Manager stated that they will have until their second meeting in December to provide the Administration with input to the Capital Improvement Plan.  The updated plan will also be included as part of the budget process for the new fiscal year.

 

7.e       First Quarter Budget Amendments

            RES # 2002-168

 

RESOLUTION

 

WHEREAS      certain expenditures require allocation to departments differently than originally projected in the 2002-2003 City Budget, as adopted; and

 

WHEREAS      revenue forecasts and expenditure patterns require modifications to the original budgetary allocations as established in June, 2002;

 

NOW THEREFORE BE IT RESOLVED THAT,  the  2002-2003 City Budget is hereby

amended as indicated in the 1st quarter amendments column of the attached Budget

Amendments Summary.

 

Mayor Graham stated that at the end of the fiscal year June 30, 2001 the Fund Balance was

$763,695 and the auditors are looking for write-downs of some $95,000.    Finance Director,

Mark Christiansen stated that we would be looking as revenues coming in by the end of

December and recommends to wait until the New Year to see where we stand and it is a

concern.  Mayor Graham stated that if  Revenue Sharing is hit hard it would eat up the

remaining Fund Balance and does not want to a shortage on the revenue side.  Mayor Pro-tem

Pobur also very concerned about cuts in Revenue Sharing. 

 

City Manager, Sincock stated that Administration has cut back on major purchases and does

not want to do anything to cut back on services to residents.

 

Comm. Loiselle wanted clarification on the Rainy Day Fund indicating that is the budget

stabilization. 

 

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

 

7.f.  Intergovernmental Agreement between City and DDA

        RES # 2002-169

 

WHEREAS      The City of Plymouth and the City of Plymouth Downtown Development Authority are both municipal corporations within the State of Michigan, and

 

WHEREAS      There is a desire upon both parties to enter into an agreement for DDA Director Services.

 

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

Plymouth does hereby approve the attached Intergovernmental DDA Director Services

Agreement between the City of Plymouth and the City of Plymouth Downtown Development

Authority.  The Mayor and the City Clerk are hereby authorized to sign the agreement on

behalf of the City of Plymouth.

 

                                                                        __________________________________

                                                                        Bill Graham, Mayor

 

________________________________

Linda J. Langmesser, City Clerk

 

Comm. Dwyer stated that he appreciated the efforts of the Mayor in being instrumental in this

project.

 

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

 

7.g.      Special Event:  Plymouth Lions Club Annual Candy Cane Fundraiser

            RES. #2002-170

 

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:                  Plymouth Lions Club  734-459-0039

 

Organization Address:                       PO Box 701159, Plymouth

 

Organization’s Agent:                        Bob McCaffrey

 

Agent’s Title:                                     Candy Cane Drive Chairman

 

Agent’s Address:                               41825 River Oaks Drive, Plymouth

 

Event Name:                                      Annual Candy Cane Fundraiser

 

Purpose:                                             Raise Funds for Lions Projects

 

Event Dates:                                      November 29 & November 30, 2002

 

Event Times:                                      7am – 7pm

 

Coordination with                               Santa’s Arrival & Tree Lighting,

Other annual events:             Post-Thanksgiving Day Radio Remote

 

Event Location:                                  City Public Sidewalk locations to be determined in connection with the City Administration

 

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

 

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

 

Annual Event:     [ X ] YES                [   ]  NO

 

          Normal schedule:                        Friday & Saturday following Thanksgiving

 

          Next year’s reserved dates:

 

A motion was offered by Mayor Pro-tem Pobur and seconded by Comm. Pursell, as amended. 

Motion carried.

 

8.         Reports and Correspondence

 

a.                   Commissioners Pursell and Loiselle attended the Planning Commission Meeting where the Commission approved the rezoning of lots in the downtown perimeter and 4 additional lots are scheduled for a Public Hearing in December for rezoning.  Also, the amendment of the Ann Arbor Road Corridor was postponed for a special meeting on November 21, 2002.

 

The Liquor License Sub-Committee will meet on December 3, 2002.

 

b.                  Department Reports

 

Plymouth Community Fire Department

 

c.                   Appointments

 

None

 

9.         Adjournment

 

A motion was offered by Comm. Pursell and seconded by Mayor Pro-tem Pobur for adjournment.  Motion carried. Mayor Graham adjourned the meeting at 8:17 p.m.