HomeMy WebLinkAboutCOUNCIL MINUTES 2011-09-21 38007
MINUTES OF THE ONE THOUSAND SIX HUNDRED EIGHTY NINTH
REGULAR MEETING OF SEPTEMBER 21, 2011
On September 21, 2011, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the
President of the Council at 8 00 p m Councilmember Pastor led the meeting with
the Pledge of Allegiance
Roll was called with the following result: John Pastor, Brian Meakin,
Joe Laura, Conrad Schwartz, and James McCann Absent: Laura Toy and Maureen
Miller Brosnan
Elected and appointed officials present: Todd Zilincik, City Engineer;
Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Don Knapp, City
Attorney; Terry Marecki, City Clerk, former Councilmember Thomas Robinson, and
Mayor Jack Kirksey
On a motion by Pastor, seconded by Schwartz, and unanimously
adopted, it was
#298-11 RESOLVED, that the Minutes of the 1,688th Regular
Meeting of the Council held September 7, 2011, are hereby approved
as submitted
President McCann announced the following Public Hearing to be held
on Monday, October 3, 2011, at 7 00 p m in the Auditorium of the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan
The proposed Annual Budget for the City of Livonia for the fiscal year
ending November 30, 2012, and
The public hearing required by Act 5 PA 1982, in connection with the
Truth in Taxation hearing, as adopted by the City Council at the
Regular Meeting held August 8, 2011, pursuant to Council Resolution
247-11
President McCann announced there would be an "X" item discussed at
the end of the meeting regarding a request from the Engineering Division to
Regular Meeting Minutes of September 21, 2011 38008
designate a consultant for design services for the fiscal year S2 grant application
and proposed work plan for the Sanitary Sewer Project (Contract 11-L) (CR 85-11)
During Audience Communication, John Grzebik, 11301 Hubbell,
addressed Council to announce the Livonia Public Schools' PTSA Council will host
its General Membership meeting on September 28, 2011, from 6 30 p m to 8 30
p m at Holmes Middle School Mr Grzebik indicated the PiSA Council holds many
worthy events throughout the school year including the Reflections Program in
January, the Founders Day event in February, and the Youth Making a Difference
event in April Mr Grzebik explained the national dues for the PTSA Council were
increased this year and the Livonia PTSA Council decided to increase membership
fees ¢ 50 this year to cover the difference in national dues In addition, Mr Grzebik
stated the Livonia Public Schools' website has a wealth of information for residents
and also provides a link to the PTSA Council should residents want additional
information about their organization
Pauline Holden, 2392 Barclay Avenue, Shelby Township, addressed
Council to express concern for smart meters which have recently been installed in
other communities to replace current meters Ms Holden explained the meters
formulate a tiered level of cost which will be based on specific times of day when
utilities are used and she believed smart meters are affecting the health of residents,
pose a privacy issue and pose serious safety issues as they have been known to
catch on fire Ms Holden concluded by requesting Council adopt a resolution that
would ban smart meters from being installed in the Livonia community
Marguerite Gwizdala, 9870 Seltzer Street, Livonia, addressed Council
and stated she was present on behalf of Harry Zerbo's daughter, Clara Adams, who
requested she present material to the Council Ms Gwizdala expressed Ms Adams'
view that smart meters have been linked to various health concerns and complaints
and have caused fires at numerous homes where installed Ms Gwizdala indicated
the meters emit high levels of electromagnetic radiation and cause utility bills to
increase while they impose very serious privacy concerns Ms Gwizdala indicated
Ms Adams' intent was to urge Council to prohibit smart meters from being installed
and encouraged Council to adopt a moratorium, for perhaps two to five years, to
prevent smart meters from coming into Livonia
John Holden, 2392 Barclay Avenue, Shelby Township, addressed
Council to share his concerns regarding smart meters which he indicated have
recently been installed in other communities Mr Holden explained smart meters
offer no cost benefits to residents and consumers and the utility companies can
remotely shut off a resident's utilities Further, Mr Holden indicated he would like
Council to protect Livonia's citizens by prohibiting smart meters from being
implemented in Livonia
Marguerite Gwizdala, 9870 Seltzer Street, Livonia, addressed Council
again to voice her personal concerns and views regarding the radiation emitted by
smart meters and indicated the meters can cause serious health concerns Ms
Regular Meeting Minutes of September 21, 2011 38009
Gwizdala urged Council to take appropriate steps necessary to prevent smart
meters from being installed in Livonia
Brandon Kritzman, 29601 Jacquelyn, addressed Council on behalf of
the Livonia Jaycees to encourage residents to purchase tickets for the Livonia
Policeman's Ball to be held Saturday, October 8, 2011, at the St. Mary's Cultural
Center located on Merriman Road Mr Kritzman stated the cost for a ticket is $50
which includes an open bar, buffet dinner, a cigar tent, Vegas Night casino room,
and dueling pianos as part of the festivities Mr Kritzman indicated residents can
obtain more information by visiting the Jaycees' website at www livoniaiavcees.com
A communication from Fred and Rose Mufarreh, dated August 26,
2011, re waiver use petition submitted on behalf of James Party Store and the
request to transfer the appropriate liquor licenses for said business to the new
proposed location on the south side of Seven Mile Road, between Inkster Road and
Harrison Avenue (27821 Seven Mile Road), was received and placed on file for the
information of the Council (Petition 2011-07-02-09)
On a motion by Schwartz, seconded by Pastor, it was
#299-11 RESOLVED, that having considered an application from
Jeff Shingler, 28652 Grandon, dated August 29, 2011, requesting
permission to close Grandon between Harrison and Brentwood on
Saturday, October 8, 2011, from 2 00 p m to 1000 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the
said affair on Sunday, October 9, 2011, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#300-11 RESOLVED, that having considered a letter from James
Rintala, Livonia Bulldogs, Inc , dated September 2, 2011, the Council
does hereby take this means to indicate that Livonia Bulldogs Inc is
recognized as a non-profit organization operating in the community,
and the action herein being taken for the purpose of affording Livonia
Bulldogs Inc an opportunity to obtain a charitable gaming license or
registration from the State of Michigan in accordance with provisions of
State statute
#301-11 RESOLVED, that having considered a communication
from the Information Systems Director, dated August 26, 2011, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, in connection with the renewal of the
Regular Meeting Minutes of September 21, 2011 38010
Standard Software Maintenance Agreement ("SSMA") with the City's
software provider, the Council does hereby approve the proposed
agreement between the City of Livonia and New World Systems, 888
W Big Beaver Road, Troy, Michigan 48084-4749, to provide the City
with various services related to computer software for the period
December 1, 2011, through November 30, 2014, for the annual cost as
follows
From December 1, 2011 to November 30, 2012 - $91,563 00 per year
From December 1, 2012 to November 30, 2013 - $94,310 00 per year
From December 1, 2013 to November 30, 2014 - $98,078 00 per year
FURTHER, the Council hereby authorizes an expenditure in an
amount not to exceed $91,563 00 from funds already budgeted in
Account No 101-915-851-020 (Data Processing - Computer Software
Maintenance) for this purpose, and the Mayor and City Clerk are
hereby authorized to execute a contract for and on behalf of the City of
Livonia with the aforesaid company and to do all things necessary or
incidental to the full performance of this resolution, FURTHER, the
Council does hereby authorize the action herein without competitive
bidding in accordance with the provisions set forth in Section
3 04 140 D 2 and D 4 of the Livonia Code of Ordinances, as amended
#302-11 RESOLVED, that having considered a letter from the
Acting Chief of Police, dated August 25, 2011, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, wherein it is requested that Council Resolution 407-10 be
amended to delete the NICE recording system and to include a new
agreement for the DSS Equature NG9-1-1 Communication Recording
System in order to reduce costs and to conform to the current City IP
telephone system, the Council does hereby amend and revise Council
Resolution 407-10 so as to read as follows
RESOLVED, that having considered a communication from the
Chief of Police, dated November 1, 2010, which bears the
signature of the Director of Finance, is approved as to form by
the City Attorney, and is approved for submission by the Mayor,
the Council hereby accepts the proposal of Motorola, Inc , 1303
E Algonquin Road, Schaumburg, Illinois 60196, to provide
communications system services as outlined in its revised
proposal dated September 14, 2010 (with the exception of the
NICE recording system), FURTHER, the Council does hereby
authorize the purchase of infrastructure equipment for the new
communications system (with the exception of the NICE
recording system) from Motorola, Inc , 1303 E Algonquin
Road, Schaumburg, Illinois 60196, in the total amount of
$1,570,472.00; FURTHER, the Council does hereby
authorize the purchase of a DSS Equature NG9-1-1
Regular Meeting Minutes of September 21, 2011 38011
Communication Recording System from DSS Corporation,
18311 W 10 Mile Road, Suite 200, Southfield, Michigan
48075 in the amount of $58,000 00 (subject to the execution
of an appropriate Change Order to the agreement with
Motorola, Inc , and subject to the approval of Motorola, Inc ,
with respect to the purchase of the recording system from
DSS as well as maintenance services), FURTHER, the
Council does hereby authorize DSS to provide maintenance
services for a period of five (5) years beyond the one-year
warranty at an annual cost of $10,750 00, for a total cost of
$53,750 00; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $1,682,222 00 from
funds budgeted in Account Nos 261-000-984-000 (911
Surcharge), 223-775-971-000 (Annual Justice Assistance
Grant) and 223-785-971-000 (Recovery Justice Assistance
Grant) for this purpose, FURTHER, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City
of Livonia, to execute the attached Communications System
Agreement with Motorola, Inc , as well as agreements with
DSS Corporation to supply the recording system and to
provide maintenance services, FURTHER, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of
the City of Livonia, to execute the attached Frequency
Reconfiguration Agreement (ERA) with Nextel West Corporation
for the negotiated "buy-out" amount of $1,227,020 44
($601,210 22 to be paid to the City within 30 days of receiving
and executing the signed FRA, and the balance to be paid once
the City reconfiguration is completed), FURTHER, the Council
does hereby authorize such action without competitive bidding
for the reasons indicated in the aforesaid communication and in
accordance with the provisions set forth in Section 3 04 140 D 2
and D 4 of the Livonia Code of Ordinances, as amended
#303-11 RESOLVED, that having considered a communication
from the City Engineer, dated August 26, 2011, approved by the
Director of Public Works and approved for submission by the Mayor,
regarding the request to adopt flood plain management regulations of
the National Flood Insurance Program and to include them in the
Livonia Code of Ordinances in order to remain eligible in the National
Flood Insurance Program (NFIP), the Council does hereby refer this
matter to the Law Department for its report and recommendation
#304-11 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 29, 2011, which
transmits its resolution 08-45-2011, adopted on August 23, 2011, with
regard to Petition 2011-07-02-09, submitted by Thamer Ajja requesting
waiver use approval to utilize an SDM liquor license (sale of packaged
beer and wine) and SDD liquor license (sale of packaged spirits over
Regular Meeting Minutes of September 21, 2011 38012
21% alcohol) in connection with a party store (James Party Store) on
property located on the south side of Seven Mile Road between Inkster
Road and Harrison Avenue (27821 Seven Mile Road), in the Northeast
% of Section 12, which property is zoned C-1, the Council does hereby
concur in the recommendation of the Planning Commission and
Petition 2011-07-02-09 is hereby approved and granted, subject to the
following conditions
1 That the proposed use of an SDD and SDM liquor license at this
location complies with all of the special and general waiver use
standards and requirements as set forth in Sections 10 03 and
19 06 of Zoning Ordinance No 543,
2 That public access to SDD products shall be restricted, as
stipulated in Section 10 03(g)(4) of the Zoning Ordinance,
3 That the petitioner shall be in compliance with all items as may
be specified by the Inspection Department, including exterior
lighting, landscaping, signage, parking, and repairs to the fence,
4 That the petitioner shall submit any changes involving the
exterior lighting, landscaping, signage, fencing and parking to
the Planning and Inspection Departments for approval,
5 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows, and
6 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Pastor, Meakin, Laura, Schwartz, and McCann
NAYS None
Pastor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 010 OF TITLE 12, CHAPTER
16 (PARKS AND PLAYGROUNDS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The
two
Regular Meeting Minutes of September 21, 2011 38013
above Ordinance was placed on the table for consideration at an upcoming Regular
meeting
Meakin took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 30 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION
3 THERETO (Petition 2011-06-01-02)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Pastor, Meakin, Laura, Schwartz, and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#305-11 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 29, 2011, which
transmits its resolution 08-46-2011, adopted on August 23, 2011, with
regard to Petition 2011-07-02-10, submitted by Lone Pine Corral, Inc
requesting waiver use approval for an outdoor dining patio (seasonal
seating) in connection with a full service restaurant (Time Out Bar &
Grill) on property located on the north side of Plymouth Road between
Levan Road and Newburgh Road (36480 Plymouth Road), in the
Southwest 1/4 of Section 29, which property is zoned C-2, the Council
does hereby concur in the recommendation of the Planning
Commission and Petition 2011-07-02-10 is hereby approved and
granted, subject to the following conditions
1 That the Plan received by the Planning Commission on July 28,
2011, is hereby approved and shall be adhered to, except for
the fact that the setback of the patio shall be a minimum of thirty
(30') feet from the right-of-way of Plymouth Road,
2 That the landscape materials indicated on the approved Plan
shall be installed to the satisfaction of the Inspection
Regular Meeting Minutes of September 21, 2011 38014
Department and thereafter permanently maintained in a healthy
condition,
3 That the maximum number of customer seats shall not exceed a
total of one hundred six (106) seats, including seventy eight (78)
interior seats and twenty eight (28) outdoor patio seats,
4 That this approval is subject to the petitioner being granted
variances from the Zoning Board of Appeals for deficient front
yard setback and deficient parking and any conditions related
thereto,
5 That no advertising shall be permitted on any of the seating
apparatus of the outdoor patio area, and
6 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
building permits are applied for
Danilo Josifoski, 37630 Plymouth Road, Livonia, was present to answer any
questions of Council (Petition 2011-07-02-10)
On a motion by Meakin, seconded by Laura, it was
RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated May 6, 2011, and the
report and recommendation of the Chief of Police, dated August 9,
2011, approved for submission by the Mayor, the Council does hereby
deny the request from Metropolitan Grill, LLC for transfer of ownership
of a 2011 Class C license with Official Permit (Food) and Sunday
Sales from G M and S Roast Beef and Spirits, Inc , for a business
located at 36685 Plymouth Road, Livonia, Michigan 48150, Wayne
County
Meakin and Laura then withdrew the foregoing motion
On a motion by Laura, seconded by Pastor, and unanimously adopted,
it was
#306-11 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated May 6, 2011, and the
report and recommendation of the Chief of Police, dated August 9,
2011, approved for submission by the Mayor, the Council does hereby
approve of the request from Metropolitan Grill, LLC for transfer of
ownership of a 2011 Class C license with Official Permit (Food) and
Sunday Sales from G M and S Roast Beef and Spirits, Inc , for a
business located at 36685 Plymouth Road, Livonia, Michigan 48150,
Regular Meeting Minutes of September 21, 2011 38015
Wayne County; FURTHER, the Council does hereby approve the
request for a new outdoor service area for this business, and the City
Clerk is hereby requested to forward a certified copy of this resolution
to the Michigan Liquor Control Commission
Saad Gorji, 28890 Raleigh Road, Farmington Hills, was present to answer any
questions of Council and thanked them for their consideration
On a motion by Pastor, seconded by Schwartz, and unanimously
adopted, it was
#307-11 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Hi-Vol Products,
dated August 15, 2011, covering new industrial facilities to be located
within City of Livonia Industrial Development Overlay District No 78,
WHEREAS, the City Clerk has notified in writing the Assessor of the
City of Livonia as well as the legislative body of each taxing unit which
levies ad valorem property taxes in the local governmental unit in
which the proposed facility is to be located, i e , the City of Livonia, and
advised each of them that the said Application has been received, and
WHEREAS, the City Council has afforded Hi-Vol Products, the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7 00 p m , Wednesday, September 14, 2011, at
the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
WHEREAS, the aggregate SEV of real and personal property exempt
from ad valorem taxes within the City of Livonia after granting this
certificate will not exceed 5% of an amount equal to the sum of the
SEV of the unit, plus the SEV of personal and real property thus
exempted
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received
from the applicant, Hi-Vol Products, finds and determines (a)
that the granting of this Industrial Facilities Exemption Certificate
shall not have the effect of substantially impeding the operation
of the local governmental unit or impairing the financial
soundness of any taxing unit which levies an ad valorem
property tax in the local governmental unit in which the facility is
to be located, and (b) the applicant has fully complied with the
requirements of Section 9, Act No 198, P.A 1974, as amended
Regular Meeting Minutes of September 21, 2011 38016
2 That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Hi-Vol Products
covering new industrial facilities to be located within the City of
Livonia Industrial Development Overlay District No 78, for 12
EN, years
3 That in accordance with the requirements of Section 22, Act
198, P.A. 1974, as amended, wherein a Letter of Agreement
between the applicant and the City is required in order to clarify
the understanding and the commitment between the applicant
and the City Council upon approval of an Industrial Facilities
Exemption Certificate, the Council hereby authorizes the Mayor
and City Clerk to sign such Letter of Agreement as duly
executed by the applicant and incorporate such Letter of
Agreement as part of the documentation required to process
applications for Industrial Facilities Exemption Certificates
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#308-11 WHEREAS, the City of Livonia meets the definition of an
"Eligible Local Assessing District" under P.A 328 of 1998, Section
7(g), by virtue of containing an eligible distressed area as defined by
Section 7(f)(i), in accordance with P.A. 346 of 1966, Section 11, and
WHEREAS pursuant to P.A. 198 of 1974, as amended, after a duly
noticed public hearing, the City Council of the City of Livonia,
established Livonia Industrial Development Overlay District No 112,
on February 13, 2008, for property at 38150 Plymouth Road, thereby
creating an "eligible district" for purposes of Act 328 of 1998, as
amended (the "Act"), and
WHEREAS Helm, Inc , a Michigan corporation and an eligible business
under the Act, has filed an application for Exemption of New Personal
Property to be located in the referenced eligible district; and
WHEREAS before acting upon said application the City Council of the
City of Livonia held a public hearing on the 14th day of September,
2011, at 7.00 pm in Livonia City Hall at 33000 Civic Center Drive,
Livonia, Michigan, at which the Applicant, City Assessor and a
representative of the affected taxing units were given written notice
and were afforded an opportunity to be heard on said Application,
NOW THEREFORE, BE IT RESOLVED that the City Council of the
City of Livonia hereby approves the application of Helm, Inc for the
Exemption of New Personal Property to be installed in the referenced
eligible district; and
Regular Meeting Minutes of September 21, 2011 38017
BE IT FURTHER RESOLVED THAT if the owner or lessee of a facility
for which an Exemption of New Personal Property under the Act is in
effect relocates that facility outside of the eligible district during the
period in which the Exemption is in effect, the owner or lessee is liable
to the City from which it is leaving, upon relocating, for an amount to be
determined in accordance with a Letter of Agreement executed
between Helm, Inc and the City of Livonia If the City determines that
it is in its best interest, the City may forgive the liability of the owner or
lessee under the terms of the Letter of Agreement. The payment
provided for in the Letter of Agreement shall be distributed in the same
manner as property taxes are distributed
BE IT FURTHER RESOLVED THAT the New Personal Property
Exemption when issued shall be, and remain in force and effect for a
period of 7 years, beginning on or about September 21, 2011, and
ending September 21, 2018
BE IT FURTHER RESOLVED THAT Helm, Inc. shall file with the City
Assessor two (2) personal property statements each year one
statement for Exempt New Personal Property and one statement for all
other personal property; and
BE IT FURTHER RESOLVED THAT the Application submitted by
Helm, Inc is for an Exemption of New Personal Property that will be
located in the following described parcel of real estate situated within
the City of Livonia, in Industrial Development Overlay District No 112,
established on February 13, 2008
A parcel located in the N E 1/4 of Section 30, T1 S, R9E, City of
Livonia, Wayne County, Michigan, described as commencing at
the Northeast corner of said section and proceeding thence
S 02°42'15"E , 5,277 38 feet to the Southeast corner of said
section, thence S 88°45'45'W, 5,214 20 feet to the Southwest
corner of said section, thence N 00°08'06"W , 5,273 87 feet to
the Northwest corner of said section, thence N 88°43'51"E.,
4,977 64 feet to the point of beginning and the Northeast corner
of said section
BE IT FINALLY RESOLVED that the City Clerk shall cause the
Application for Exemption of New Personal Property to be completed
and shall take all the steps necessary to insure that the completed
application and a copy of this Resolution are filed with the State Tax
Commission in a timely fashion
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
Regular Meeting Minutes of September 21, 2011 38018
#309-11 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the Agenda
On a motion by Meakin, seconded by Schwartz, and unanimously
adopted, it was
#310-11 RESOLVED, that having considered a communication
from the City Engineer, dated September 19, 2011, which bears the
signature of the Finance Director, is approved by the Director of Public
Works, and approved for submission by the Mayor, in connection with
the S2 Grant application and proposed Work Plan for the Sanitary
Sewer Project (Contract 11-L), the Council does hereby determine as
follows
• To award Orchard, Hiltz & McCliment, Inc (OHM), 34000
Plymouth Road, Livonia Michigan 48150, as the designated
consultant under the City's Qualification-Based Selection
(QBS) Process, to provide design services for the S2 Grant
Application and proposed Work Plan for the Sanitary Sewer
Project for a total amount not to exceed $350,000 00;
• To authorize a Change Order in the amount of $210,000 00 to
be paid to the Environmental Quality Company, 36255
Michigan Avenue, Wayne, Michigan 48184, based upon the
bid unit prices and based upon the Engineering Department's
estimate of units involved, and subject to a final payment
based upon the actual units completed for a total project cost
not to exceed $460,000 00,
• To authorize an expenditure not to exceed $560,000 00 from
the Unexpended Fund Balance of the Water & Sewer Fund
(Acct No 592-138-010), and
• To authorize the City Engineer to make minor adjustments in
the work as needed
On a motion by Meakin, seconded by Schwartz, and unanimously
adopted, it was
#311-11 WHEREAS, Part 52 (Strategic Water Quality Initiatives)
of the Natural Resources and Environmental Protection Act, 1994 P.A.
451, as amended ("Part 52"), provides at MCL 324 5204a that the
Michigan Finance Authority (the "MFA") in consultation with the
Michigan Department of Environmental Quality (the "DEQ") shall
establish a strategic water quality initiatives grant program, and
Regular Meeting Minutes of September 21, 2011 38019
WHEREAS, in accordance with the provision of 2010 P.A. 231, which
provides grants to assist municipalities in completing loan application
requirements under MCL 324 5308 or completing loan application
requirements for other sources of financing for sewage treatment
works projects, storm water treatment projects or nonpoint source
projects, and
WHEREAS, in accordance with the provisions of 1985 P.A. 227, as
amended, Part 52, and other applicable provisions of law, the MFA, the
DEQ, and the Municipality that is a Grant recipient shall enter into a
Grant Agreement (the "S2 Grant Agreement") that requires the
Municipality to repay the Grant under certain conditions as set forth in
MCL 324 5204a, as amended, and
WHEREAS, the Municipality does hereby determine it necessary to
undertake planning, revenue system development, and/or design
activities related to a project for which it intends to seek financing for
construction, and
WHEREAS, it is the determination of the Municipality that at this time,
a Grant in the aggregate principal amount not to exceed $977,400 00
("Grant") requested from the MFA and the DEQ to pay for the planning
and/or design activities, and
WHEREAS, the Municipality shall obtain this Grant by entering into the
S2 Grant Agreement with the MFA and the DEQ
NOW THEREFORE, BE IT RESOLVED THAT
1 The City Engineer, a position currently held by Todd J Zilincik,
P E , is designated as the Authorized Representative for
purposes of the S2 Grant Agreement.
2 The proposed form of the S2 Grant Agreement between the
Municipality, the MFA and DEQ (attached hereto as Appendix I)
is hereby approved and the Authorized Representative is
authorized and directed to execute the 52 Grant Agreement
with such revisions as are permitted by law and agreed to by the
Authorized Representative
3 The Municipality shall repay the Grant, within 90 days of being
informed to do so, with interest at a rate not to exceed 8 percent
per year, to the Authority if any of the following conditions occur
(a) the Municipality fails to submit an administratively
complete loan application for assistance from the SRF,
the SWQIF or other source of financing for the project
within 3 years of the Grant award,
Regular Meeting Minutes of September 21, 2011 38020
(b) the project has been identified as being in the fundable
range or is approved for funding from another source and
the Municipality declines loan assistance for 2
consecutive fiscal years unless the Municipality proceeds
with funding from another source, or
(c) the Municipality is unable to, or decides not to, proceed
with constructing the project.
4 The Grant, if repayable, shall be a first budget obligation from
the general funds of the Municipality, and the Municipality is
required, if necessary, to levy ad valorem taxes on all taxable
property in the Municipality for the payment thereof, subject to
applicable constitutional, statutory and Municipality tax rate
limitations
5 The Municipality shall not invest, reinvest or accumulate any
moneys deemed to be Grant funds, nor shall it use Grant funds
for the general local government administration activities or
activities performed by municipal employees
6 The Authorized Representative is hereby jointly or severally
authorized to take any actions necessary to comply with the
requirements of the MFA and the DEQ in connection with the
issuance of the Grant. The Authorized Representative is hereby
jointly or severally authorized to execute and deliver such other
contracts, certificates, documents, instruments, applications and
other papers as may be required by the MFA or the DEQ or as
may be otherwise necessary to effect the approval and delivery
of the Grant.
7 The Municipality acknowledges that the S2 Grant Agreement is
a contract between the Municipality, the MFA and the DEQ
8 All resolutions and parts of resolutions insofar as they conflict
with the provisions of this Resolution are rescinded
During Audience Communication, Marguerite Gwizdala, 9870 Seltzer
Street, Livonia, expressed her view to Council that smart meters are prone to being
hacked into by unethical computer hackers and the information obtained could be
sold to others which she indicated made her feel unsafe
Pauline Holden, 2392 Barclay Avenue, Shelby Township, addressed
Council to state smart meters are not mandated by the utility companies and
residents can simply say no to them In addition, Ms Holden encouraged Council to
adopt a resolution that would protect Livonia residents from smart meters being
implemented in the community
Regular Meeting Minutes of September 21, 2011 38021
John Holden, 2392 Barclay Avenue, Shelby Township, explained to
Council that other communities are working on "sustainable development" and many
citizens are not aware of what smart meters are nor do they follow what is going on
in the country Mr Holden stated he wanted to urge Council to represent Livonia
residents in the best possible way and protect those they are elected to serve by
implementing something that would prohibit smart meters in Livonia.
On a motion by Schwartz, seconded by Meakin, and unanimously
,
adopted, this 1689th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 39 p m
jaP a
Terry 11arecki, City Clerk