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.
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
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)
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.
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.)
The
following resolution was offered by Councilman Adams and seconded by Councilman
Wazbinski:
RESOLVED, that this resolution shall
supercede the
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.)
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
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.)
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.)
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.)
Approval
of the minutes of the October 19, 2009 regular meeting was offered by
Councilman Johnson and seconded by Councilman Adams. (Motion ADOPTED.)
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.
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.
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.
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.
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.)
No
public comments were made.
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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:
;and
RESOLVED
FURTHER, that the
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.)
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