November 9, 2009

 

A regular meeting of the City Council was held on Monday, November 9, 2009, at 7:00 p.m. in the Council Chambers of City Hall.  Selina Tisdale, City Clerk, opened the council meeting and invited those assembled to recite the Pledge of Allegiance to the Flag.

 

The roll of those elected to the office of Councilman in each of the City’s wards was then called:

                                        Ward I           Thomas W. Adams – present

                                        Ward II          Maureen Donker - present

                                        Ward III         Scott G. Gaynor – present

                                        Ward IV         Bruce A. Johnson – present

                                        Ward V          Marty A. Wazbinski – present

 

Selina Tisdale then administered the Oath of Office to each Councilman.

 

SELECTION PROCESS OF MAYOR AND MAYOR PRO TEM

Per City Charter the Council at its first regular meeting following each regular biennial city election shall select one of its members to serve as Mayor and one of its members to serve as Mayor Pro Tem.  The Mayor shall be recognized as the executive head of the city and has an equal voice and vote in the proceedings of the Council.   The Mayor Pro Tem shall perform the duties of the Mayor when, on account of absence from the city, disability, or otherwise, the Mayor is temporarily unable to perform the duties of his office.   The Mayor Pro Tem shall preside over the meetings of the Council at the call of the Mayor.

 

Selina Tisdale, City Clerk, instructed that a written but public ballot could be used to elect the Mayor and Mayor Pro Tem, if Council so desired, or the appointment could be made by a motion of one Councilman and seconded by another.  The newly-elected Council agreed that the election of Mayor would be made by a motion and the Mayor Pro Tem by public ballot.

 

MAYOR SELECTION

The role of the Mayor was summarized and the selection of the Councilman to that position was considered.  Councilman Adams moved, seconded by Councilman Wazbinski, that Maureen Donker be selected as Mayor.  The following resolution was then presented for consideration:

 

RESOLVED, that Maureen Donker is hereby selected to serve as Mayor of the City of Midland for the 2009-2011 term.  (Motion ADOPTED.  Yeas:  Adams, Donker, Gaynor, Wazbinski  Nays:  Johnson)

 

MAYOR PRO TEM SELECTION

The selection of the Mayor Pro Tem was then considered.  A public ballot was used to collect nominations.  Based on the results of the public ballot, the Chair moved that Councilman Adams be named Mayor Pro Tem.  The motion was seconded by Mayor Donker.  The following resolution was then presented for consideration:

 

RESOLVED, that Thomas W. Adams is hereby selected to serve as Mayor Pro Tem of the City of Midland for the 2009-2011 term.  (Motion ADOPTED.)

 

Maureen Donker, selected by her peers to serve as Mayor, accepted the gavel from Selina Tisdale, City Clerk.

 

Mayor Donker then called for motions from Council to adopt Robert’s Rules of Order to govern the Council proceedings, adopt rules in recognition of the provisions of the Open Meetings Act, adopt rules in recognition of the provisions of the Freedom of Information Act and called for the appointing of councilmen to represent the City of Midland on the Midland Area Emergency Medical Board, the MBS International Airport Commission, and as the City of Midland’s Legislative Director.

 

ROBERT’S RULES OF ORDER

The following resolution was offered by Councilman Wazbinski and seconded by Councilman Adams:

 

RESOLVED, that Robert’s Rules of Order Newly Revised edition, be and are hereby adopted to

govern, during the current term, the proceedings of the Midland City Council. (Motion ADOPTED.)

 

RULES IN RECOGNITION OF THE PROVISIONS OF THE OPEN MEETINGS ACT

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

RESOLVED, that this resolution shall supercede the City Council resolution dated November 12, 2007, and Sections 7 and 8 of the Open Meetings Act shall govern any proposed closed session of the City Council; and

RESOLVED FURTHER, that the following rules in recognition of the provisions of the Open Meetings Act are hereby adopted:

1.   Addressing Council Meetings:  Any person in attendance at a meeting of the City Council may address the Council any time his remarks are germane to the agenda item being discussed by the Council upon being recognized by the presiding officer.

          The agenda of every regular council meeting of the City shall include one agenda item described as either "public comment" or "new business".  The presiding officer shall recognize any person in attendance at the meeting under the provisions of these rules to speak under this agenda item on any subject upon which the Council may properly and lawfully take action.

          The presiding officer shall recognize members of the public for reasonable periods and under such conditions as the presiding officer may prescribe to prevent disruption of the business of the Council.

          The presiding officer shall not permit members of the public to discuss matters not germane to the agenda item being discussed nor shall the presiding officer permit obscene or insulting comments, actions or printed material.

          No person shall be permitted to address the Council unless recognized by the presiding officer and, upon such recognition, the person recognized shall speak at the microphone provided, if any, and give his name and address and disclose upon whose behalf he desires to address the Council if he is appearing in a representative capacity.

2.   Meeting Notices:  The City Clerk is hereby authorized and directed to make a reasonable estimate of the yearly cost of reproducing and mailing notices of all meetings of the City Council and, on an individual yearly basis, meeting notices for any board, commission, or committee of the City created by the ordinances of the City or resolution of the City Council.  Such reasonable estimated costs shall be filed in the office of the Clerk and shall be the charge made to a party making a written request for the same as provided in Section 6 (1) of the Open Meetings Act. 

However, no charge shall be made to any newspaper or radio and television station requesting such notices nor shall a charge be made to any party requesting meeting notices of the Council or of any single board, commission or committee.  A charge shall be made to a party, other than the news media, requesting annual notice for multiple types of meetings.

3.   Agendas:  Agendas published in advance and furnished to the City Clerk shall be provided to parties entitled to notice of public meetings pursuant to Sections 6 (1) and (2) of the Open Meetings Act and under the same provisions as part 2 above.

4.   Minutes:  The City Clerk shall determine the reasonable estimated cost of reproducing minutes of the City Council's meetings and the minutes of any board, commission and committee created by the ordinances of the City of resolutions of the City Council.  Such reasonable estimates of cost, based on four (4) cents per page plus the time required of the lowest paid, permanent, full‑time clerical employee of the Clerk's Office to retrieve and reproduce the requested minutes, calculated to the nearest one‑sixth of the hourly wage rate, shall be filed in the Clerk's Office.  There will be no charge for minutes when the cost is five dollars ($5.00) or less.  If the request for copies of minutes exceeds a total cost of five dollars ($5.00), the actual costs shall constitute the charge made pursuant to Section 9 of the Open Meetings Act.  (Motion ADOPTED.)

 

RULES IN RECOGNITION OF THE PROVISIONS OF THE FREEDOM OF INFORMATION ACT

The following resolution was offered by Councilman Wazbinski and seconded by Councilman Adams:

 

RESOLVED, that the City of Midland hereby adopts the attached policy as its Freedom of Information Act Policy; and

RESOLVED FURTHER, that the attached documents shall be used to implement the FOIA policy; and

RESOLVED FURTHER, that the City Manager is hereby designated as the City of Midland’s Freedom of Information Act Coordinator.   (Motion ADOPTED.)

 

MIDLAND AREA EMERGENCY MEDICAL BOARD APPOINTMENT

Councilman Wazbinski moved, seconded by Councilman Jonhnson, to appoint Councilman Gaynor to the Midland Area Emergency Medical Board.  The following resolution was then presented for consideration:

 

RESOLVED, that Scott Gaynor be designated and is appointed as the City Council’s representative for the duration of his current term of office to the Midland Area Emergency Medical Board.  (Motion ADOPTED.)

 

MBS INTERNATIONAL AIRPORT COMMISSION APPOINTMENT

Councilman Gaynor moved, seconded by Councilman Johnson, to appoint Councilman Adams to the MBS International Airport Commission. The following resolution was then presented for consideration:

 

RESOLVED, that Thomas Adams be designated and is appointed as the City Council’s representative for the duration of his current term of office to the Board of the MBS International Airport Commission.  (Motion ADOPTED.)

 

MIDLAND’S LEGISLATIVE DIRECTOR APPOINTMENT

Councilman Adams moved, seconded by Councilman Johnson, to appoint Councilman Wazbinski as the City of Midland’s Legislative Director.  The following resolution was then presented for consideration:

 

RESOLVED, that Marty Wazbinski be designated and is appointed as the City Council’s representative for the duration of his current term of office as the City of Midland’s Legislative Director.  (Motion ADOPTED.)

 

MINUTES

Approval of the minutes of the October 19, 2009 regular meeting was offered by Councilman Johnson and seconded by Councilman Adams.  (Motion ADOPTED.)

 

PERE MARQUETTE RAIL-TRAIL RECOGNITION

Planning and Community Development Director Keith Baker introduced David Waite, President of the Friends of the Pere Marquette Rail-Trail.  The following resolution was then offered by Councilman Gaynor and seconded by Councilman Wazbinski:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation recognizing Pere Marquette Rail-Trail’s recent induction into the Washington, D.C.-based Rails to Trails Conservancy’s Hall of Fame.  (Motion ADOPTED.)  Mayor Donker presented David Waite with the proclamation. 

 

2009 FIRE FIGHTER OF THE YEAR

Midland Fire Chief Leonardo Garcia introduced a resolution recognizing Fire Truck Operator Thomas G. Hernden as the 2009 Carl and Esther Gerstacker Fire Fighter of the Year.  The following resolution was then offered by Councilman Adams and seconded by Councilman Gaynor:

 

RESOLVED, that Midland Fire Department Fire Truck Operator Thomas G. Hernden is hereby recognized for being selected by the Midland Exchange Club as their 2009 Carl and Esther Gerstacker Fire Fighter of the Year recipient.  (Motion ADOPTED.)  Mayor Donker presented Thomas G. Hernden with the proclamation of recognition. 

 

2008 POLICE OFFICER OF THE YEAR

Midland Police Chief Gerald Ladwig introduced a resolution recognizing Lieutenant Steven R. Elmer as the 2008 Carl and Esther Gerstacker Police Officer of the Year.  The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

RESOLVED, that Midland Police Department Lieutenant Steven Elmer is hereby recognized for being selected by the Midland Exchange Club as their 2008 Carl and Esther Gerstacker Police Officer of the Year recipient.  (Motion ADOPTED.)  Mayor Donker presented Steven Elmer with the proclamation of recognition.

 

2009 POLICE OFFICER OF THE YEAR

Midland Police Chief Gerald Ladwig introduced a resolution recognizing Patrol Officer Donald Brooks as the 2009 Carl and Esther Gerstacker Police Officer of the Year.   The following resolution was then offered by Councilman Gaynor and seconded by Councilman Adams:

 

RESOLVED, that Midland Police Department Officer Donald Brooks is hereby recognized for being selected by the Midland Exchange Club as their 2009 Carl and Esther Gerstacker Police Officer of the Year recipient.  (Motion ADOPTED.)  Mayor Donker presented Donald Brooks with the proclamation of recognition.

 

2009-10 GENERAL FUND BUDGET AMENDMENT

Midland Police Captain Cliff Block introduced an amendment to the 2009-10 General Fund budget to recognize additional revenue of $30,208 from a Federal Grant to provide for overtime wages associated with community/public relations activities; and to recognize additional revenue of $45,000 from a State grant to facilitate a partnership project between the City of Midland Police Department and the Midland Area Partnership for Drug Free Youth.  A public hearing opened at 7:47 p.m., recognizing no public comments, the hearing closed at 7:47 p.m. The following resolution was then offered by Councilman Adams and seconded by Councilman Johnson:

 

WHEREAS, in accord with section 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, November 9, 2009 on the proposal to amend the 2009-2010 budget of the Midland Police Department to recognize additional revenues from Federal and State grants and corresponding expenditures; now therefore 

RESOLVED, that the 2009-2010 budget for the Midland Police Department is amended to increase revenue and expenditures by $75,208 to recognize an additional revenue of $30,208 from a Federal Grant to provide for overtime wages associated with community/public relations activities and an additional revenue of $45,000 from a State grant to facilitate a partnership project between the City of Midland Police Department and the Midland Area Partnership for Drug Free Youth.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

EXTENDING “THREE FREE” FEE WAIVER

The following resolution was offered by Councilman Johnson and seconded by Councilman Adams:

 

RESOLVED, that the “Three Free” fee waiver period for yard waste collection is hereby extended through the leaf collection program as provided for in Section 21-4c of the Code of Ordinances.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-09-08

The following resolution was offered by Councilman Johnson and seconded by Councilman Adams:

 

RESOLVED, that Traffic Control Order No. S-09-08 filed September 8, 2009 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

             That Vine Street shall stop for Plainfield Street. 

is hereby made permanent. (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-09-09

The following resolution was offered by Councilman Johnson and seconded by Councilman Adams:

 

RESOLVED, that Traffic Control Order No. S-09-09 filed September 8, 2009 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

             That Bobcat Court shall yield to Mammoth Pines Drive. 

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-09-10

The following resolution was offered by Councilman Johnson and seconded by Councilman Adams:

 

RESOLVED, that Traffic Control Order No. S-09-10 filed September 8, 2009 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

             That Country Walk Circle shall yield to Peachtree Circle.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-09-11

The following resolution was offered by Councilman Johnson and seconded by Councilman Adams:

 

RESOLVED, that Traffic Control Order No. S-09-11 filed September 8, 2009 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That Peachtree Circle shall stop for Shirewood Lane. 

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-09-12

The following resolution was offered by Councilman Johnson and seconded by Councilman Adams:

 

RESOLVED, that Traffic Control Order No. S-09-12 filed September 8, 2009 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

             That Whiffletree Lane shall stop for Shirewood Lane.

is hereby made permanent.  (Motion ADOPTED.)

 

PLANNING COMMISSION - GAYNOR RESIGNATION

The following resolution was offered by Councilman Johnson and seconded by Councilman Adams:

 

RESOLVED, that the resignation of Scott Gaynor as a member of the Planning Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Gaynor for his service on this important Commission.  (Motion ADOPTED.)

 

TREE LIGHTING  EVENT ON THE CIRCLE

The following resolution was offered by Councilman Johnson and seconded by Councilman Adams:

 

RESOLVED, that the request from the Circle Business Association to conduct a Holiday Tree Lighting event in a section of the Circle on Saturday, November 21, 2009, utilizing the public right-of-way, is hereby approved subject to the following conditions:

  • Bleachers and fencing will be provided, but the organizers must contact the Parks and Recreation Office at 837-6930 to make arrangements.  Barricades will be provided for the road closure, but the organizers will be responsible for placing and removing them accordingly.
  • Bleacher and fencing plans must be provided to Bradd Maki, Assistant City Engineer (837-3351).  The locations must be outside minimum clear vision setback requirements.
  • The bleacher and fencing plans must also be reviewed and approved for emergency vehicle access by Fire Marshal Chris Coughlin, 837-3413.

;and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

The following resolution was offered by Councilman Johnson and seconded by Councilman Adams:

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 13,396 gallons of unleaded fuel from Karbowski Oil of Bay City, Michigan for $28,167.77 executed by the Purchasing Agent on October 22, 2009, is hereby approved.  (Motion ADOPTED.)

 

PURCHASE ORDER INCREASE – GAS-TO-ENERGY ENGINEERING SERVICES

The following resolution was offered by Councilman Johnson and seconded by Councilman Adams:

 

WHEREAS, the City of Midland and its engineering consultant CTI and Associates, Inc. (CTI) of Brighton has completed initial work on a renewable energy project that will utilize landfill gas, created by the decomposition of refuse, to generate renewable electric power and heat for the City’s Water and Wastewater Treatment facilities, as well as for other City facilities; and

WHEREAS, engineering work by CTI is ongoing to meet the tight schedule for the State Revolving Fund (SRF) loan application to the Michigan Department of Environmental Quality (MDEQ), though significant amount of effort remains to achieve SRF loan closure; and

WHEREAS, staff recommends acceptance of the proposal made by CTI to continue SRF administrative work, and preparations leading up to construction, at an estimated cost of $90,000.00; and

WHEREAS, funding is provided in project LF0707 – Landfill Gas-to-Energy; now therefore

RESOLVED, that an increase of $90,000.00 to the existing purchase order of $134,500.00 to CTI & Associates, Inc. to complete engineering and administrative efforts, in conformance with State Revolving Fund loan requirements and the American Recovery and Reinvestment Act of 2009, bringing the total purchase order to $224,500.00, is hereby approved.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:47 p.m.

 

 

 

______________________________________

            Selina Tisdale, City Clerk