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HomeMy WebLinkAboutCOUNCIL MINUTES 1995-09-07 SPECIAL 29024 MINUTES OF THE TWO HUNDRED THIRTY-FIRST SPECIAL MEETING OF THE COUNCIL OF THE CITY OF LIVONIA Pursuant to the provisions of Section 8, Chapter 14 of the City Charter, the above meeting was held September 7, 1995, at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 5 50 p m Roll was called with the following result: Laura M Toy, Dale A. Jurcisin, Fernon P Feenstra, Michael P McGee, Maureen Miller Brosnan, and Gerald Taylor Absent: Sean P Kavanagh (out of town) Elected and appointed officials present. Cathryn K. White, City Attorney; Joan McCotter, City Clerk, John Nagy, City Planner; Jack Engebretson, Planning Commission, and Ann W Tavolacci, Deputy City Clerk. No one spoke during the audience communication portion of the meeting The following individuals addressed the agenda item 1) Joe Connelly, 32148 Camborne - opposed to the proposed charter amendment, 2) Jim Biga, 35354 Lancashire - asked for a clarification of the language of the proposed charter amendment; 3) Jack Engebretson, 18871 Comstock - opposed to the proposed charter amendment; 4) Lillian Edney, 15405 Harrison - opposed to the proposed charter amendment; 5) Jason Maciejewski, 11029 Auburndale - opposed also, 6) Laurie Good, 37379 St. Martins - opposed as well, 7) Jack Kirksey, 32710 Barkley - also opposed, 8) Denise Mica-Biga, 35354 Lancashire - opposed to the proposed amendment; and 9) Marcella Allam, 32955 Indiana - also opposed On a motion by Feenstra, seconded by McGee, it was #624-95 RESOLVED, that the Council does hereby amend and revise Council Resolution 573-95 so as to have the same read as follows RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 20, 1995, submitted pursuant to Council Resolution 416-95, and a communication from George Elworth, First Assistant, Municipal and Military Affairs 29025 Division of the Michigan Department of Attorney General, dated September 1, 1995, NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council and pursuant to the provisions of Section 21 of Article 279 of the Public Acts of Michigan of 1909, as amended, does hereby propose that the Livonia City Charter be amended effective January 1, 1998, by deleting Section 8.1 of Chapter V, and by changing Section 2 of Chapter V and Section 8 of Chapter V, which changed sections shall read as follows Chapter V, Section 2. Election; appointment; terms. The Mayor *** and City Clerk shall be selected by election from the City at large Said elective officers shall be elected at each City regular City election The term of office of the Mayor shall be four (4) years, and the term of office of the City Clerk *** shall be for two (2) years commencing on the first Monday following the City election at which they are elected and ending when their respective successors have been duly elected and qualified The Mayor shall be prohibited from seeking reelection after having served two (2) consecutive terms in that particular office All other appointive officers and members of boards and commissions, unless otherwise provided in this Charter, shall be appointed by the Mayor Each appointive officer or member of any board or commission, unless otherwise provided in this Charter, shall hold office at the pleasure of the official or body appointing him Chapter V, Section 8. Powers and Duties of Treasurer (a) EFFECTIVE JANUARY 1, 1998, THE DIRECTOR OF FINANCE SHALL BE THE TREASURER OF THE CITY, (b) The Treasurer shall have the custody of all moneys of the City, the Clerk's bond, and all evidences of value belonging to the City, or held in trust by the City; (c) He shall receive all moneys belonging to and receivable by the City, that may be collected by any officials or employees of the City, including license fees, taxes, assessments, utility charges, and all other charges belonging to and payable to the City, and shall in all cases give a receipt therefor; (d) He shall keep and deposit all moneys or funds in such manner and only in such places as the Council may determine and shall report the same in detail to the Clerk, (e) He shall have such powers, duties, and prerogatives in regard to the collection and custody of state, county, and school district, and city taxes and moneys as are conferred by law to 29026 enforce the collection of state, county, township, and school district taxes upon real and personal property; (f) He shall perform such other duties as may be prescribed for him by State or Federal Law, this Charter, or by the Mayor RESOLVED FURTHER, that the provisions of the existing sections of the Charter of the City of Livonia which are altered, abrogated or affected by this proposal, if adopted, now read as follows Chapter V, Section 2. Election; appointment; terms. The Mayor, City Treasurer and City Clerk shall be selected by election from the City at large Said elective officers shall be elected at each City regular City election. The term of office of the Mayor shall be four (4) years, and the term of office of the City Clerk and City Treasurer shall be for two (2) years commencing on the first Monday following the City election at which they are elected and ending when their respective successors have been duly elected and qualified The Mayor shall be prohibited from seeking reelection after having served two (2) consecutive terms in that particular office All other appointive officers and members of boards and commissions, unless otherwise provided in this Charter, shall be appointed by the Mayor Each appointive officer or member of any board or commission, unless otherwise provided in this Charter, shall hold office at the pleasure of the official or body appointing him Chapter V, Section 8. Powers and Duties of Treasurer (a) The Treasurer shall have the custody of all moneys of the City, the Clerk's bond, and all evidences of value belonging to the City, or held in trust by the City; (b) He shall receive all moneys belonging to and receivable by the City, that may be collected by any officials or employees of the City, including license fees, taxes, assessments, utility charges, and all other charges belonging to and payable to the City, and shall in all cases give a receipt therefor; (c) He shall keep and deposit all moneys or funds in such manner and only in such places as the Council may determine and shall report the same in detail to the Clerk, (d) He shall have such powers, duties, and prerogatives in regard to the collection and custody of state, county, and school district, and city taxes and moneys as are conferred by law to enforce the collection of state, county, township, and school district taxes upon real and personal property; 29027 (e) He shall perform such other duties as may be prescribed for him by State or Federal Law, this Charter, or by the Mayor Chapter V, Section 8.1 Treasurer - Vacancy. Whenever a vacancy occurs in the office of Treasurer, the Council within thirty (30) days after the vacancy occurs shall appoint by an affirmative vote of four (4) of its members, a qualified person who meets the requirements of Chapter V, Section 3 of this Charter as of the date of appointment, to serve until a successor is duly elected and qualified In the event the Council fails to fill a vacancy in the manner hereinbefore provided within such thirty (30) day period, the Mayor shall make such appointment forthwith RESOLVED FURTHER, that the purpose of the proposed amendment shall be designated on the ballot as follows City Charter amendment providing that, effective January 1, 1998, the Director of Finance, who is required to be a Certified Public Accountant, shall also be the City Treasurer. RESOLVED FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendment to the Governor of the State of Michigan for his approval and transmit a copy of the foregoing statement of purpose of such proposed amendment to the Attorney General of the State of Michigan for his approval as provided by law RESOLVED FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified electors of the City at the General Election to be held on November 7, 1995, and the City Clerk is hereby directed to give notice of election and notice of registration therefor in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law RESOLVED FURTHER, that the proposed amendment shall be submitted to electors in the following form, to wit: Are you in favor of amending Chapter V, Sections 2 and 8 and deleting Chapter V, Section 8.1 of the City Charter, effective January 1, 1998, so as to provide that the Director of Finance, who is required to be a Certified Public Accountant, shall also be the City Treasurer? Yes / / No / / 29028 RESOLVED FURTHER, that the proposed amendment shall be published I_ in full, together with the existing Charter provisions altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten (10) days prior to said General Election to be held on November 7, 1995 A roll call vote was taken on the foregoing resolution with the following result: AYES Jurcisin, Feenstra, McGee, Brosnan, and Taylor NAYS Toy The President declared the resolution adopted There was no audience communication at the end of the meeting On a motion by Feenstra, seconded by McGee, and unanimously adopted, this 231st Special Meeting of the Council of the City of Livonia was duly adjourned at 6 30 p m , September 7, 1995 L 11 1 N II i bit A 7/119 0 r i:n McCotter, City Clerk L