CITY OF SOUTH LYON

CITY OF SOUTH LYON

REGULAR CITY COUNCIL MEETING

July 11, 2005

Mayor Doyle called the meeting to order at 7:30 p.m.

Mayor Doyle led those present in the Pledge of Allegiance to the Flag

PRESENT: Mayor Doyle

Council Members: Crawford, Dryer, and Wallace

City Manager Cook

Attorney Lee

City Clerk/Treasurer Zemke

Department Heads: Martin & Renwick

ABSENT: Council Member Schwarck

APPROVAL OF MINUTES:

CM 7-1-05- APPROVAL OF MINUTES – JUNE 13, 2005

Motion by Dryer, supported by Crawford

To approve the minutes of the regular meeting of June 13, 2005 as written

VOTE: MOTION CARRIED UNANIMOUSLY

APPROVAL OF MONTHLY BILLS:

CM 7-2-05- APPROVAL OF MONTHLY BILLS

Motion by Crawford, supported by Dryer

To approve the monthly bills as presented

VOTE: MOTION CARRIED UNANIMOUSLY

APPROVAL OF AGENDA

City Manager Cook stated that he would like to remove the Executive Session, which will be rescheduled for the next meeting.

Councilman Wallace stated that he would like an update on the McHattie Street sewer. Superintendent Renwick stated that they will probably be starting tomorrow morning. City Manager Cook stated that the contract was adopted a month and a half ago, but there is no need to amend it. The County has been contacted regarding the changes, and the extra cost will be split 50/50.

CM 7-3-05- APPROVAL OF AGENDA

Motion by Wallace, supported by Dryer

To approve the agenda as amended

VOTE: MOTION CARRIED UNANIMOUSLY

CITIZEN’S SUGGESTIONS

Mayor Doyle stated as most everyone is aware, Paul Baker passed away last week. Many of us here were able to attend the services. We are all going to miss Paul a lot as he left a huge imprint on this community and others as well. He was such a gentleman and a true friend to the community. Our thoughts and prayers go out to him and his family. He stated that the priest at the service said that if Paul Baker cannot make it to heaven then we are all in trouble. We know that he is there now.

Councilman Wallace stated that he would like to relay a story about Paul’s last trip to Baker’s. He stated that his body was brought there for the classic car show in the herst and went up and down the aisles of over 3,000 cars. They stopped the car and opened the door. The whole time he was there a bird, maybe a hawk, was circling around and when Paul left, the bird left. We have a hole in our community that would take many people combined to match Paul. He stated that we fill somewhat insignificant now with Paul gone. He did so much more than we can possibly think of doing. We will miss him.

Mayor Doyle stated that Paul started a lot of great things here. We need to continue to support all of those efforts. He may be gone, but the Hotel is here, Baker’s is here and everything else he was involved with is still here.

OLD BUSINESS:

Community Development Block Grant Program

Program Year 2004-05
Program Year 2005-06

City Manager Cook stated that before Council we have the 2004-2005 CDBG program. When the sidewalk project was bid, the language dealing with the Davis Bacon requirements was omitted from the bid document. There were several projects combined with the water service leads and roads, and it was omitted inadvertently. Therefore, we still have our 2004-05 funds to expend. Without going through a re-hearing, we can expend those funds in connection with the 2005-06 program, which is sidewalk on both sides of Chester and along Orchard Ridge.

Mayor Doyle stated that the requirements were not incorporated the first time. City Manager Cook stated that we do not normally use Davis Bacon in any of our bid documents, and it simply did not make it into the document. We did get a cost savings in combining the projects.

Councilman Dryer stated that this is a technicality that was missed, which left us unable to use $46,000 for something we wanted to. Now, we are paying for a project that we did not necessarily want to do if we had to pay for it out of our funds. This is an HRC thing and he would hope that they know that this is a serious thing.

Attorney Lee stated that Davis Bacon Act is a federal act requiring us to pay prevailing union wages, which is the highest union scale. We would not have been able to bid at the same level and pay the same amount to get the same job done because when you do projects under the Davis Bacon Act they always cost more to meet that requirement. It has only been in the last few years that there has been a determination that CDBG funds are subject to Davis Bacon because the money goes to the County and then to us, and there is always a question as to whether the flow through would make us subject to Davis Bacon.

City Manager Cook stated that we do not have to spend the money this year, we could wait until next year. You have three years to use it. However, even though the two years will be bid separately, we may have some cost savings by doing them at the same time.

CM 7-4-05 – CDBG 2004-2005 PROJECT YEAR

Motion by Crawford, supported by Wallace

To approve the use of the 2004-2005 CDBG funds for the sidewalk project on N. Ridge, Center Ridge,

South Ridge and a portion of Orchard Ridge as presented

VOTE: MOTION CARRIED UNANIMOUSLY

City manager Cook stated that Council has already authorized the 2005-2006 project. There is no need to take any action on that project at this time. He was simply providing that as information.

Agreement – Center for Active Adults

City Manager Cook stated that we have been wrestling with this issue for some time. At our last meeting, we came up with a proposal that the program year 2005-2006 would be done on a per capita issue and beyond that we would use a five-year per capita average. Green Oak has come up with an additional appropriation to raise their contribution to $24,879. They only put $13,250 last year, but they have raised that up to a level that will bring our cost down to $53,709, which is a considerable savings to us. When we started this project we had a request for $67,000. Lyon Township will be using their CDBG funds, so they will have a separate contract. Therefore, we need to approve the contract with our contribution being $53,709.

Discussion was held on using a five-year average moving forward. City Manager Cook stated that our allocation could drop, however if we have more residents participating, then that is going to go up, but that will also happen with the other communities. The FY 2004-2005 will not be incorporated with the five-year average because the data was skewed.

Discussion was held on Green Oak residents being charged for useage. City Manager Cook stated that Green Oak will now be paying for it. We do expect the participation to increase as a result.

CM 7-5-05 – APPROVAL OF CONTRACT – CENTER FOR ACTIVE ADULTS

Motion by Crawford, supported by Wallace

To approve the contract with the South Lyon Community Schools for the Center for Active Adults and

contribution of $53,709

VOTE: MOTION CARRIED UNANIMOUSLY

Municipal Credit Program, FY 2006 - $9,432 with SMART

City Manager Cook stated that this is our annual agreement. Our contract with People’s Express is for $50,000. Once we have expended the amount some time in mid 2006, we will apply for reimbursement of the $9,432.

The question was asked how the new program has been working. City Manager Cook stated that we have had a couple “glitches” that we have been able to work out. We have also had some rider problems that have come forward and have been able to give some direction as to how to handle those. These are similar to the problems that we had when we were providing the service.

CM 7-6-05 – APPROVAL OF MUNICIPAL CREDIT CONTRACT – SMART - $9,432

Motion by Wallace, supported by Crawford

To approve the Municipal Credit Contract for FY 2006 with SMART in the amount of $9,432

VOTE: MOTION CARRIED UNANIMOUSLY

Oakland County Application for West Nile Virus

Superintendent Renwick stated that we are looking for approval to proceed with recovering some money from Oakland County in the amount of $3,659 that is available for use to combat the West Nile Virus. We are looking for approval to proceed with the application.

It was stated that this is used to purchase the pellets for the creeks, drains, etc.

CM 7-7-05 – APPROVAL OF APPLICATION – OAKLAND COUNTY WEST NILE VIRUS DISBURSEMENT

Motion by Dryer, supported by Crawford

To approve the application for reimbursement of West Nile Virus funds in the amount of $3,659.29

VOTE: MOTION CARRIED UNANIMOUSLY

Mayor Doyle asked the status of the Ash tree cutting. Superintendent Renwick stated that we are almost done with the tree removal and will start with the stump removal later this week.

Mercy Services for Aging Nutrition Program 7/1/05 – 6/30/06 - $5,000

City Manager Cook stated that this is our contract for the Meals on Wheels program. The amount has not changed from previous years. Also, the number of participants has not changed and varies between 25-40 families. It is not necessarily the same family, but the same number, depending on the quarter.

CM 7-8-05 – APPROVAL OF CONTRACT – MSA NUTRITION - $5,000

Motion by Dryer, supported by Wallace

To approve the contract with the MSA Nutrition Program in the amount of $5,000 for the period 7/1/05

through 6/30/06

VOTE: MOTION CARRIED UNANIMOUSLY

NEW BUSINESS:

Block Parties

a. Winchester 7/23/05 – 11:00 a.m. – 9:00 p.m.

Hidden Creek – 7/9/05 – 3:30 p.m. – 7:00 p.m.

Mayor Doyle stated that the Hidden Creek block party has already taken place.

Chief Collins stated that he has no concerns about the street closing.

Councilman Wallace stated that he recalls discussing granting the City Manager Authority to approve these types of requests. City Manager Cook stated that we did discuss it, however the cost to do the revision was more expensive than to handle them this way. He stated that there is a section of the ordinance, which does allow him to close streets on a temporary basis, which is how he approved the Hidden Creek closure. We do, however need to have Council approve it. Attorney Lee stated that the City Manager has the power on an emergency basis, and the fact that Council was not in session prior to the request, he was able to approve their request under that provision. He further stated that Council has primary and sole authority to close streets, therefore it is better to have Council do it. It is also helpful that when it is approved by this body in public, there is an acceptance of the road closure. From a public information standpoint, it is better to have Council approve it.

CM 7-9-05 – APPROVAL OF STREET CLOSURE – WINCHESTER

Motion by Crawford, supported by Wallace

To approve the closure of Winchester on July 23, 2005 from 11:00 a.m. to 9:0 p.m.

VOTE: MOTION CARRIED UNANIMOUSLY

CM 7-10-05 – APPROVAL OF STREET CLOSURE – HIDDEN CREEK – RETROACTIVE

Motion by Wallace, supported by Dryer

To retroactively approve the closure of Hidden Creek Drive on July 9, 2005 from 3:30 p.m. to 7:00 p.m.

VOTE: MOTION CARRIED UNANIMOUSLY

Collective Bargaining Agreement – AFSCME – 7/1/05-6/30/08

City Manager Cook stated that before Council is the AFSCME Contract for our Water & Department of Public Works employees. This is a three-year contract from 7/1/05 to 6/30/08 and provides for a 3.5% increase per year and some changes in sickness and accident benefits. It provides for an increase in licenses and increase in pay for the leader position. They have reviewed and approved and is before Council for approval.

Councilman Wallace stated that in this day and age when people are having to tighten their belts he is confident that the workers feel that this is a fair contract.

Mayor Doyle stated that this contract was done in record time and the City Manager should be commended for that.

CM 7-11-05 – APPROVAL OF COLLECTIVE BARGAINING AGREEMENT – AFSCME – 7/1/05 TO 6/30/08

Motion by Dryer, supported by Wallace

To approve the Collective Bargaining Agreement with AFSCME for the period 7/1/05 to 6/30/05 as

presented

VOTE: MOTION CARRIED UNANIMOUSLY

Amoco Parking Lot Closure – 8/8/05 to 8/12/05 – installation of observation wells

City Manager Cook stated that when we originally purchased the property, there was an agreement with Delta through Amoco that they had site removal, which they have not yet completed. They have to go back down and drill seven wells. They have to provide us with a clean site, but unfortunately, it will take a long time. It will stay a parking lot until some future date when it can be re-evaluated.

Discussion was held on the locations of the existing wells and the location of the new wells. City Manager Cook stated that they will repair and restore what they do. They have to do this in order for the DNR to give us a clean site designation.

Attorney Lee stated that the good news is the contaminants are hydrocarbons, so if they do not take care of it, nature will.

It was stated that for clarification, we are talking about the parking lot adjacent to Screwie Louie’s.

City Manager Cook stated that this is for informational purposes only

MML Annual Convention

City Manager Cook stated that the Annual MML Convention will be held September 20-23 at the Amway Grand in Grand Rapids. Anyone interested in attending should let the City Clerk know by the first meeting in August. Mayor Doyle indicated that he would be attending.

Mayor Doyle introduced his grandmother who is visiting from Tampa Florida.

CM 7-12-04 – ADJOURNMENT

Motion by Dryer, supported by Crawford

To adjourn the meeting at 8:03 p.m.

VOTE: MOTION CARRIED UNANIMOUSLY

Respectfully Submitted,

_______________________________ ________________________________

John Doyle, Jr., Mayor Julie C. Zemke, City Clerk/Treasurer