CITY
OF SOUTH LYON
REGULAR
CITY COUNCIL MEETING
March
26, 2007
Mayor
Doyle called the meeting to order at 7:34 p.m.
Mayor
Doyle led those present in the Pledge of Allegiance to the Flag
PRESENT:
Mayor Doyle
Council
Members:
Dryer, Kivell, Maida, Morelli, and Wedell
City Manager Cook
Attorney
Lee
City
Clerk/Treasurer Zemke
Department
Heads: Martin & Renwick
ABSENT:
Council Member Kopkowski
APPROVAL
OF MINUTES:
CM
3-1-07- APPROVAL OF MINUTES – REGULAR MEETING OF MARCH 12, 2007 & SPECIAL
MEETING OF MARCH 8, 2007
Motion by Wedell, supported by Kivell
To approve the minutes of the regular meeting of March 12, 2007 and the
Special Joint Meeting with
the Planning Commission of March 8, 2007 as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF MONTHLY BILLS:
None
APPROVAL
OF AGENDA
CM
3-2-07 – APPROVAL OF AGENDA
Motion by Kivell, supported by Morelli
To approve the agenda as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
CITIZENS
SUGGESTIONS:
None
OLD
BUSINESS:
Freedom
of Information Policy
Attorney
Lee stated that we are now mandated to have an actual policy in terms of how we
handle Freedom of Information requests.
This is governed by State Statute.
The policy that is being provided conforms to that Statute.
We have two centers for FOIA request, the Police Department and the City
Clerk’s office, which handles everything other than the Police Department
documents.
We did not specifically set forth a fee for copies because we are going
to let each of the two centers determine their own costs and apply them
accordingly.
Councilman
Kivell questioned page 5, item 14b, which addresses the document name and asked
if the intention is to try to identify the information or are we trying to be
evasive.
Attorney Lee stated that we are obligated to find whatever records
someone asks for.
We may have it by another name, but we will research it by subject
matter.
This does protect us in the event that there is a miscommunication where
they ask for a document and we think they mean one thing and the really mean
something else.
Councilman
Dryer stated that Section 12 makes reference to a written notice of denial and
asked if we have such a form.
Attorney Lee stated that we have only denied one request in 15-20 years.
What happens is if we get into something that someone feels that they
should not turn over, they call him and he prepares the notice.
The risks are too great.
If we are going to deny someone predicated upon one of the statutory
basis for denial, he would prepare the document to ensure there is no problems.
Councilman
Dryer stated that Section 14 d ii discusses after denying a request there is a
judicial review.
He asked which court would handle such a review.
Attorney Lee stated that it is always Oakland County Circuit Court.
He asked if a judicial review would cost us money.
Attorney Lee stated that we would have to defend it.
That is one of the reasons he would write the denial.
If they win, the maximum fine is $250, but actual attorney’s fees can
be imposed for a wrongful denial.
Councilman
Wedell stated that Section 18 addresses the fees for copying, but we have chosen
not to include the per copy fee.
Attorney Lee stated that they are different between the Police Department
and the Clerk’s office.
It may change after analysis.
Council Member Maida asked if this would be the same for real estate
information.
City Clerk/Treasurer Zemke stated that generally, copies are $ .25 per
page except for assessing information, which is $1.
CM
3-3-07 – APPROVAL OF FREEDOM OF INFORMATION POLICY
Motion by Dryer, supported by Maida
To approve the Freedom of Information Act Policy as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
Second
Reading – Uniform Traffic Code
Attorney
Lee stated that there have been no changes since the first reading.
Councilman
Kivell stated that there is a typographical error, which he has already
discussed with the Clerk.
He further asked when this will go into effect.
Attorney Lee stated that it will become effective upon publication.
City Clerk/Treasurer Zemke stated that it is set by Charter.
If
we have an emergency and Council wishes to have an ordinance take
immediate effect, then Council can do so, but this does not require that.
CM
3-4-07 – SECOND READING – ADOPTION OF THE UNIFORM TRAFFIC CODE
Motion by Kivell, supported by Morelli
That this be the second reading and adoption of the Uniform Traffic Code
(see attached amendment
as part of these minutes)
VOTE:
MOTION CARRIED UNANIMOUSLY
Police/Fire
Dispatch Contract – 7/1/07 – 6/30/08 - $56,724
City
Manager Cook stated that this is our annual contract revised for Fiscal Year
2007-2008 for dispatch services through the City of Novi.
It is slightly higher than last year, but it is a bargain that we need to
take advantage of.
We are asking that you approve the contract beginning July 1, 2007.
Attorney
Lee stated that we can claim credit for this under Governor Granholm’s
cooperative services and joint facilities program.
Discussion
was held on the actual difference between last year and this year.
City Manager Cook stated that he does not know exactly, but it is in the
neighborhood of 3%.
Councilman Dryer stated that he likes the fact that the contract does
indicate that the City of Novi reserves the right to increase fees upon
renewal
not to exceed the percentage increase of salary of the Dispatch Manager not to
exceed 10 percent.
Attorney Lee stated that it is not binding however.
Councilman Kivell stated that he actually saw this from the other angle,
that being not to exceed 10%. Nobody is getting 10% raises recently.
He asked if we have any input into their contract negotiations.
City Manager stated that we do not have anything to do with their
negotiations.
Attorney
Lee stated that we could not hire a single dispatcher, with fringes at a cost of
$56,000.
It would cost us $200-300,000 to run the same service.
Councilman Wedell stated that this is a 24 hour a day, 7 day a week
service including holidays, snow storms, etc.
This is a good deal for us and a good deal for the City of Novi.
CM
3-5-07 – APPROVAL OF AGREEMENT – DISPATCH SERVICES
Motion by Dryer, supported by Wedell
To approve the Letter of Agreement for Dispatch Services – Dispatch
Manager with the City of Novi in
the amount of $56,724 for the period 7/1/07 through 6/60/08
VOTE:
MOTION CARRIED UNANIMOUSLY
Youth
Assistance Contract – 7/1/07 – 6/30/08 - $13,000
Mayor
Doyle stated that in the packet was a letter from Thomas Mihalic, Chairperson of
the South Lyon Area Youth Assistance requesting approval of the annual contract
for the period July 2007 through June 2008 in the amount of $13,000.
City Manager Cook stated that this is the same contract with new dates.
They are not asking for additional funding.
$13,000 has been the allocation for the last 4-5 years.
Councilman
Dryer stated that with some of the other contracts that we have, we are provided
data showing the number of City residents they are serving.
City Manager Cook stated that this has never been part of the contract.
They also get cooperative in-kind services through the County, Lyon
Township and the Schools.
Attorney Lee stated that Youth Assistance programs are fashioned around
school district boundaries so when the person from the juvenile court is working
in the schools, they do not track what the child’s address is.
The other groups collect that information predicated on what City they
live in.
Youth Assistance does not work by City, they work by school district.
Councilman
Kivell questioned the formula they used to determine the $13,000.
Attorney Lee stated that the way they originally came up with the amount
was they calculated by the population of the townships and the City.
It was stated that the townships are growing much greater than we are
now.
Attorney Lee stated that may be one of the reasons they are not asking
for an increase.
Councilman Dryer stated that they are a fantastic group, he just wants to
make sure things are fair for our taxpayers.
City
Manager Cook stated that at some point, they will be in to make a presentation
to Council.
Additional questions can be asked at that time.
CM
3-6-07 – APPROVAL OF CONTRACT – SOUTH LYON AREA YOUTH ASSISTANCE
Motion by Wedell, supported by Maida
To approve the agreement between the City of South Lyon and the South
Lyon Area Youth Assistance
Program in the amount of $13,000 for the period 7/1/07 through 6/30/08
VOTE:
MOTION CARRIED UNANIMOUSLY
NEW
BUSINESS:
Acceptance
of gift from Pfizer Global Research & Development – 40 Motorola HT750
handheld radios with chargers
City
Manager Cook stated that Pfizer Global Research & Development are donating
20 of the handheld units to the Police and 20 to the Fire Department.
This is a sizeable value at $900 per unit.
There is not a lot of paperwork that came with it.
He stated that they probably made similar donations to other communities
as well.
Mayor
Doyle stated that Tom Goodcase who coordinated this is a City resident.
Councilman
Morelli asked what units these will be replacing.
City Manager Cook stated that we do have Motorola handheld units that we
are continuously replacing and adding.
This will save the City additional funds.
These are compatible with our system.
Councilman Wedell asked if these are compatible with the new county-wide
system.
City Manager Cook stated that he believes they will, he has not been told
different.
It was stated that some of the other departments will also benefit based
on “hand-me-downs”.
CM
3-7-07 – ACCEPTANCE OF GIFT from Pfizer Global Research & Development
Motion by Dryer, supported by Kivell
To accept the gift of 40 Motorola HT750 handheld radios with chargers
from Pfizer Global Research &
Development with great thanks
VOTE:
MOTION CARRIED UNANIMOUSLY
Work
sheet agreement with Vilican Leman for Master Plan Update - $4,800
City
Manager Cook stated that Ben Tallerico, consultat with Vilican Leman, has
provided us with a document, which provides for his role in doing the Master
Plan Update. The amount of the agreement is $4,800, and if there are extra costs
they will be hourly and copying, etc. may come up later.
This is the original number that they came up with.
Councilman
Dryer asked in years past how often have we gone beyond the “extra fees”
schedule work.
City Manager Cook stated that they will notify us if there is an issue.
If we order extra copies, etc. will go beyond.
Discussion was held on the need for extra copies for Council, Planning
Commission and staff as well as those that are sold to individuals.
CM
3-8-07 – APPROVAL OF WORK SHEET AGREEMENT WITH VILICAN LEMAN – MASTER PLAN
Motion by Morelli, supported by Dryer
To approve the work sheet agreement with Vilican Leman for the Master
Plan Update in the amount of
$4,800
VOTE:
MOTION CARRIED UNANIMOUSLY
COUNCIL
COMMENTS:
Council
Member Maida stated that she would like to attend the South Lyon Area Youth
Assistance Recognition program.
Council
Member Maida stated that the South Lyon Area Recreation Authority as well as the
South Lyon Area Merchants Association are hosting an Easter Egg Hunt which will
be held this Saturday.
It will start off at the Kiwanis building for breakfast with the Easter
bunny 8-11:00 a.m. at a cost of $5 per person and children under 2 are free.
Then they will go over to Volunteer Park for the egg hunt at 12 noon.
Council
Member Maida stated that we have the Chamber of Commerce Annual Awards banquet
coming up.
If you have anybody in mind to vote for Senior of the Year, Chamber
Volunteer of the Year, Organization of the Year, Citizen of the Year and
Beautification Award you can contact the Chamber for a nomination form.
The dinner will be April 27th at the new Bella Luna
Restaurant.
Council
Member Maida stated that she had recently read some information about a skate
park.
Councilman Dryer stated that the Parks and Recreation Commission has been
hearing some requests for a new skateboard park and are looking into it.
A lot more thorough investigation needs to take place as to how it could
work.
They have been talking to municipalities who have them and asking
specific questions.
He stated that he has let them know that it is a politically sensitive
issue and it may be tough to sell it unless you have the right packaging.
Discussion was held on the other municipalities that have these parks.
City Manager Cook stated that he heard that the one in Howell has closed.
Councilman
Wedell stated that he was interested in the information about the wastewater
treatment plant and what the DEQ is requiring.
He stated that as he read that, he thought unfunded mandate.
He asked about the $15-20,000 that will be required to perform the work.
Superintendent Martin stated that when you get SRF monies from the State
to build an addition to your wastewater plant, they want to justify the money
and this is a way they can do it.
The DEQ was in and did an inspection of the plant and at that time we
passed along some information in the form of a spread sheet showing how well the
new plant is operating thinking that we are doing a great job.
They agreed, but they need to look at it in these official terms.
This is so new to them that our engineer needed information exactly what
we had to achieve then he came up with the list.
The information has to be spread out and displayed in a certain manner.
More discussion will take place about this, but it will all roll into our
new MPDES permit, which will be up at the end of this year and going into next
year.
There was a small amount budgeted in the coming year to cover this type
of work.
We think we have answered all of these questions, but according to the
State of Michigan, they want more.
Councilman
Wedell asked if the obligation to perform this work was something that we agreed
to when we accepted the original grants.
Superintendent Martin stated that if it was, he was not aware of it.
City Manager Cook stated that it does not matter.
They require what they require.
It is reminiscent of what happened to us in 1983 as our new plant came on
line, they increased our limits and said our plant was not doing good enough.
The plant was determined to be obsolete as it went on line.
Potentially, next year we could have a legal position to deal with.
Attorney Lee stated that he wanted to sue them in 1983 after the first $2
million they made us spend.
At that time, it was felt that we were better off going along and being
good citizens.
The second you demonstrate you can do something, they raise the limits.
At some point we are going to have to take them on.
It is an unfunded mandate and their only defense in 1983 was that they
were just doing it as an agent for the EPA so that state of limitation does not
apply.
As an equal protection under the law issue is at the same time we have
increased our limits by 100 fold, the City of Detroit is operation the same
plant they were in 1983.
They pick on us because they assume we are not big enough to fight them.
Councilman Wedell asked if there were other communities in similar
positions that would have a common interest.
Attorney Lee stated that if we got to that point he would certainly check
with the Michigan Municipal Lawyers Association to see if he could find some
allies.
City
Manager Cook discussed the suit with Green Oak Township and their developer of
the mobile home park at Nine Mile and Rushton.
Councilman Kivell asked if the MML would take a position on this in the
event that this escalated.
City Manager Cook stated that they might, we would have to pose the
question to them.
Superintendent
Martin stated that our plant is so advanced that when the State comes in they do
not really inspect us because we have to explain to them how the system works.
It just so happens that we are in an environmentally sensitive area being
the Huron River Watershed so they monitor us extremely closely.
All of these numbers that we are talking about we do spreadsheets and
recording and have them submitted to the State by the 10th of each
month and still does not meet what they want in this report.
It has to be presented in such a manner and certified.
Councilman
Wedell asked where the $15-20,000 goes; for consultants, our staff, etc.?
Superintendent Martin stated that it would be the engineer and his staff
working together.
Attorney
Lee explained that the DEQ is formed under two groups.
There is the point source regulators and the non-point source regulators
or surface water and discharge.
We come under the discharge because we discharge into the waters.
We keep getting squeezed down while at the same time the non-point source
people keep issuing permits for septic tanks.
What has happened is that while we have reduced our discharges by 900
pounds of phosphorus, at the same time twice as much phosphorus is
going
into the lakes and Huron River Watershed because they keep granting these
in-ground sewer systems on the lakes so the phosphorus goes right into the lake.
The EPA comes in and says these lakes are becoming introtopic because
they are getting so much phosphorus.
They cannot do anything politically because of the little houses around
the lakes so they come to us.
Councilman
Dryer stated that at the last meeting we talked about the Detroit Street
engineering.
We wanted to know if that included the intersection.
City Manager Cook stated that it would go to the end of the concrete.
Detroit to the north is concrete and Wells is asphalt.
It will go to the north end of the intersection.
Councilman
Dryer stated that 4 members of Council attended a Michigan Municipal League
Conference.
Unfortunately a lot of the discussion that was held that day had to do
with the State budget.
It does look like we are going to lose a little bit of money as feared.
In addition, they cut the census-based revenue.
City Manager Cook stated that it is an individual appropriation each year
that the Michigan Legislature has to approve.
It is done outside the budgetary process and is usually approved in June.
If they cut, there will not be any payments until they correct their
fiscal problems.
We dealt with the issue in 1996 that there was no guarantee of funds when
we did our mid-decade census then.
Councilman Dryer stated that people should still fill out the census
forms and get them back in.
There are other issues such as liquor license, additional funds in the
future, etc.
City Manager Cook stated that you also have to remember that by the time
they do the 2010 census, those numbers will not be in until 2012.
This money could be appropriated in any given fiscal year.
Councilman
Dryer stated that the four members who attended also sat down with Senator
Cassis and let her know of some of our concerns.
Councilman
Kivell asked in regards to the wastewater plant, could the State be generating a
database to create a template for technology for future plants.
Superintendent Martin stated that it could be.
However, each plant has their own discharge area, ours happens to be the
Huron River Watershed.
We are in it with communities like Wixom, Brighton, Milford, Hamburg,
etc. all are being monitored extremely tight.
If you go west in areas like Kalamazoo or Battle Creek, their discharge
limits are 3-4 times higher or more relaxed than our due to the size of the
river they discharge in.
Councilman Kivell asked that as long as we are achieving our numbers why
do they need all of the additional information with costs that we have to incur.
Superintendent Martin stated that he is not sure.
City Manager Cook stated that primarily some of this is due to the fact
that we used SRF monies to build our plant and they want a study that shows that
“we got what we paid for”.
It is their way of evaluating our expenditure of federal dollars.
Superintendent Martin further explained how every paycheck that came
through Lansing was approved to ensure that it was being built 100% to the
specs.
Councilman
Kivell stated that he is happy to see the street sweeper back out.
Councilman
Kivell stated that in the past we have had a bike helmet safety program and
would like to see us do that again.
It received great response from kids.
Today, you see kids riding with helmets much more than we used to.
On the same note, the car seat education program to ensure people were
installing their car seats properly was also well received.
Councilman
Kivell stated that within the minutes from Parks and Recreation they talk about
a Master Plan Update, he would like to see Council have a joint meeting with
them as well.
Mayor
Doyle stated that he has had a lot of calls regarding the new restaurant in
town.
The Chamber is holding their function there on April 27th so
they do have to be done by then and he has heard much sooner.
City Manager Cook stated that he believes there is a final inspection
tomorrow.
Mayor
Doyle stated that he has a number of reappointments to be made.
However, he still has a couple of people he needs to check with yet.
He reviewed those individuals up for appointment.
He stated that he is doing something a little different.
Keith Bradley who serves on the Planning Commission has indicated that he
will also serve on the ZBA as a liaison that we have not had for some time.
Councilman Dryer questioned Mayor Doyle’s absence at the next meeting
and how that will affect the reappointments.
Mayor Doyle stated that he will put these into a letter to Council who
can choose to act on that in his
absence
or can wait until he gets back.
It will not affect any of the bodies as they will still have quorum.
Attorney Lee stated that if their term has expired, they would not be
able to vote.
Mayor Doyle stated that Councilman Wedell had asked that he go through
and gather some information on these individuals.
Most of these people you may know, but as a courtesy he will do that as
well.
ADJOURNMENT
CM
2-10-07 – ADJOURNMENT
Motion by Dryer, supported by Morelli
To adjourn the meeting at 8:27 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Respectfully
Submitted,
_______________________________
________________________________
John
Doyle, Jr.
Julie C. Zemke
Mayor
City Clerk/Treasurer