November 11, 2013

 

A regular meeting of the City Council was held on Monday, November 11, 2013, 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 which was presented by the Midland Police Department Honor Guard.

 

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         J. Dee Brooks – present

                                        Ward IV         Diane Brown Wilhelm – 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 and Mayor Pro Tem would be made by a motion.

 

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 2013-2015 term.  (Motion ADOPTED.)

 

MAYOR PRO TEM SELECTION

The selection of the Mayor Pro Tem was then considered.  Councilman Brown Wilhelm moved, seconded by Councilman Adams, that Councilman Wazbinski be named as Mayor Pro Tem.  The following resolution was then presented for consideration:

 

RESOLVED, that Marty Wazbinski is hereby selected to serve as Mayor Pro Tem of the City of Midland for the 2013-2015 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 MBS International Airport Commission, the Midland Area Emergency Medical Board, and as the City of Midland’s Legislative Director.

 

ROBERT’S RULES OF ORDER

The following resolution was offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

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 Brooks and seconded by Councilman Adams:

 

RESOLVED, that this resolution shall supercede the City Council resolution dated November 14, 2011, 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 - RECOGNITION OF THE PROVISIONS OF THE FREEDOM OF INFORMATION ACT

The following resolution was offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm:

 

WHEREAS, subsection 6(1) of the Freedom of Information Act (the “Act”), MCL 15.231, et seq. provides that a public body that is a city shall designate an individual as its Freedom of Information Act Coordinator; and

WHEREAS, subsection 4(3) of the Act requires a public body to establish and publish procedures and guidelines to implement the assessing of costs under said Act; and

WHEREAS, section 10 of the Act provides for the establishment of appeals from denials; now therefore

RESOLVED, the City of Midland hereby adopts Public Act 442 of 1976, being MCL 15.231, et seq.; and

RESOLVED FURTHER, that the City Attorney is hereby designated as the City of Midland’s Freedom of Information Act Coordinator; and

RESOLVED FURTHER, that the City Council of the City of Midland hereby establishes the following procedures and guidelines pursuant to the Freedom of Information Act:

1.    The City Attorney is hereby designated as the Freedom of Information Act Coordinator for the City of Midland.  The City Attorney may designate other individuals to act on his or her behalf in accepting and processing requests for public records, and in approving a denial under Subsections 5(4) and 5(5) of the Act.

2.    Original public documents may be viewed on the premises at which they are located between regular business hours, which shall be Monday through Friday from 8:00 a.m. to 5:00 p.m., with an appointment.

3.    The City shall respond to a request within five (5) business days, as allowed under the Act, after receiving a request unless otherwise agreed to in writing by the person making the request or unless the City exercises its right under Section 5(2)(d) of the Act to extend its time to respond by an additional ten (10) business days.

4.    If a request is denied, an appeal process shall be set out in the denial response.

5.    Fees shall be charged for providing copies of public records.  In computing such fees, the following charges shall be assessed;

a.    The City will charge a fee for a public record search, for the necessary copying of a public record for inspection, or for providing a copy of a public record.

b.    The fee will be the actual mailing costs and the actual incremental cost of duplication including labor, the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information.

c.    The cost of labor will be the hourly wage, including fringe benefits, of the lowest-paid employee capable of retrieving the information.

d.    The City will not charge for the cost of search, examination, review and deletion and separation of exempt from nonexempt information unless failure to do so would result in unreasonably high costs to the City because of the nature of the request in the particular instance and the City specifically identifies the nature of the unreasonably high costs.  The determination of whether costs incurred in responding to a request are unreasonably high shall be made relative to the usual or typical costs incurred by the City of responding to requests.

e.    The City will charge for the actual incremental cost of duplicating public records, which cost is currently twenty-five (25) cents per page.  The City will utilize the most economical means available for making copies of public records.

f.     A person requesting public records may choose to make arrangements with the City to examine records on site during normal business hours, particularly in cases where there is a large volume of materials.  To protect its public records from loss, unauthorized alteration, mutilation, or destruction, the City may require the presence of a City employee while a person examines original public records.  The City may charge the requesting person the labor cost of the City employee if the review is for an extended period of time and failure to charge for the cost of the employee would result in unreasonably high costs to the City.

g.    If the total fee is estimated to be more than $50.00, the City will require a good-faith deposit of one-half of the total fee.  The City will notify the person requesting the public records in writing of the estimated fee and deposit required.  Fees are required to be paid prior to the release of the public records.

h.    Fees up to $20.00 will be waived for requesters who submit an affidavit indicating they are on public assistance or are indigent.

i.      Fees may be waived or reduced if the request is deemed by the City to be in the public interest.

6.    Procedures for processing a request shall be established by the Freedom of Information Act Coordinator, made available to the public, and updated as necessary.

 (Motion ADOPTED.)

 

MBS INTERNATIONAL AIRPORT COMMISSION APPOINTMENT

Councilman Brooks moved, seconded by Councilman Brown Wilhelm, 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 AREA EMERGENCY MEDICAL BOARD APPOINTMENT

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

 

RESOLVED, that J. Dee Brooks 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.)

 

MIDLAND’S LEGISLATIVE DIRECTOR APPOINTMENT

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

 

RESOLVED, that Diane Brown Wilhelm 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 28, 2013 regular meeting was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

2013 FIRE FIGHTER OF THE YEAR

The following resolution was offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

RESOLVED, that Midland Fire Department Fire Truck Operator Mark Laux is hereby recognized for being selected by the Midland Exchange Club as their 2013 Carl and Esther Gerstacker Fire Fighter of the Year recipient.  (Motion ADOPTED.)

 

2013 POLICE OFFICER OF THE YEAR

The following resolution was offered by Councilman Wazbinski and seconded by Councilman Brown Wilhelm:

 

RESOLVED, that Midland Police Department Officer Joseph Schneider is hereby recognized for being selected by the Midland Exchange Club as the 2013 Carl and Esther Gerstacker Police Officer of the Year recipient.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

2013 LOCAL OFFICERS’ COMPENSATION COMMISSION DETERMINATIONS

Community Affairs Director Selina Tisdale introduced Roy Green, Vice Chairman of the 2013 Local Officers’ Compensation Commission (LOCC), who reported on the LOCC’s 2013 Determinations.  The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, in accord with Article IX of Chapter 2 of the Code of Ordinances, the Local Officers’ Compensation Commission has duly met and approved its 2013 Local Officers’ Compensation Commission Determinations; and

WHEREAS, said determinations were officially filed by the Chairman of the Local Officers’ Compensation Commission in the Office of the City Clerk, 333 W. Ellsworth Street, Midland, Michigan on October 29, 2013; and

WHEREAS, in accord with Article IX of Chapter 2 of the Code of Ordinances, the determinations made by the Local Officers’ Compensation Commission shall become effective on November 28, 2013 unless said determinations are rejected by a 4/5 vote of the City Council; now therefore

RESOLVED, that the City Clerk’s notification of the filing of 2013 Determinations of the Local Officers’ Compensation Commission of the City of Midland on October 29, 2013 is hereby acknowledged by the City Council as having been received; and

RESOLVED FURTHER, that the City Council hereby directs that an additional copy of the 2013 Determinations of the Local Officers’ Compensation Commission be filed in the Governmental Center of the Grace A. Dow Memorial Library for public review; and

RESOLVED FURTHER, that the City Manager is hereby directed to place this item on the November 25, 2013 City Council agenda for the purpose of hearing any public comments prior to any action taken by the City Council.  (Motion ADOPTED.)

 

SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY CORP – 2013 ANNUAL FINANCIAL STATEMENTS & AUDITORS’ REPORT

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation Annual Financial Statements and Auditors’ Report dated June 30, 2013, with comparative figures for June 30, 2012, be received and filed in the office of the City Clerk.  (Motion ADOPTED.)

 

BROWNFIELD REDEVELOPMENT FINANCING AUTHORITY – DUNN & WALKER REAPPT

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

RESOLVED, that David Dunn and Scott Walker are hereby reappointed to the Brownfield Redevelopment Financing Authority for terms expiring December 1, 2016.  (Motion ADOPTED.)

 

LIBRARY FURNITURE PURCHASE

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of furniture for the Grace A. Dow Memorial Library; and

WHEREAS, funds are available in the 2013-2014 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the low sealed proposal submitted by Space, Inc. to purchase furniture for the Grace A. Dow Memorial Library in the amount of $158,306.22 is hereby accepted and the Purchasing Agent authorized to issue a purchase order.  (Motion ADOPTED.)

 

LIBRARY OFFICE TASK CHAIRS PURCHASE

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, utilizing the State of Michigan MiDEAL Extended Purchasing Program offers the lowest price for the purchase of office task chairs for the Grace A. Dow Memorial Library; and

WHEREAS, funds are available in the 2013-2014 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the proposal submitted by Space, Inc. to purchase office task chairs through the State of Michigan MiDEAL Extended Purchasing Program for the Grace A. Dow Memorial Library in the amount of $23,081.01 is hereby accepted and the Purchasing Agent authorized to issue a purchase order.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

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, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; 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 12,000 gallons of E10 ethanol blend unleaded fuel from Tri-Lakes Petroleum of Alma, Michigan for $30,306 executed by the Purchasing Agent on October 25, 2013, is hereby approved.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

 

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, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; 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 12,002 gallons of Winter Blend diesel fuel from Tri-Lakes Petroleum of Alma, Michigan for $36,747.72 executed by the Purchasing Agent on October 25, 2013, is hereby approved.  (Motion ADOPTED.)

 

ENGINEERING SERVICES – POSEYVILLE BRIDGE OVER TITTABAWASSEE RIVER

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, Great Lakes Engineering Group, LLC has submitted a proposal to perform engineering work related to the preventive maintenance work on the Poseyville Road  Bridge; and

WHEREAS, the cost to perform said engineering work is estimated to be $20,976 for design work and $4,917 for an updated inspection; and

WHEREAS, the professional services proposed by Great Lakes Engineering will be secured within Section 2-19 of the Code of Ordinances; and

WHEREAS, funding is available in the project fund; now therefore

RESOLVED, that the City Manager is authorized to approve a purchase order for the design engineering and bridge inspection update services to Great Lakes Engineering Group, LLC in the indicated amounts totaling $25,893; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering said purchase order in an aggregate amount not to exceed $10,000.  (Motion ADOPTED.)

 

CONCRETE CRUSHING SERVICES – LANDFILL

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Brooks:

 

WHEREAS, concrete from construction sites and street reconstructions is brought to the Landfill, piled, and then crushed to be utilized on-site for road construction, bank stabilization, and erosion control; and

WHEREAS, sealed bids for Concrete Crushing, Bid No. 3578, were advertised and received in accord with Section 2-18 of the Midland Code of Ordinances, and the low bid proposal submitted by Briggs Contracting of Sanford, at a per ton rate of $5.50, based on an estimated 5,000 tons, for a total cost of $27,500.00 meets city specifications; and

WHEREAS, sufficient funds are available in the 2013/14 Landfill Fund Account #517.8110.81.099 – Miscellaneous Contractual Services; now therefore

RESOLVED, that a purchase order is authorized to Briggs Contracting for $27,500.00 for concrete crushing services; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to said purchase order in an aggregate amount not to exceed $10,000.00.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:50 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk