HomeMy WebLinkAboutCOUNCIL MINUTES 2015-09-09 39504
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND EIGHTY-FOURTH
REGULAR MEETING OF SEPTEMBER 9, 2015
On September 9, 2015 the above meeting was held at the City Hall
33000 Civic Center Drive Livonia Michigan and was called to order by President
Brosnan at 7.00 p.m A moment of silence was observed for the passing of former
Mayor Bob Bennett Councilmember Pastor led the meeting in the Pledge
Roll was called with the following result John Pastor Brian Meakin
Laura Toy, Lynda Scheel, Susan Nash Brandon Kritzman and Maureen Miller
Brosnan Absent None
Elected and appointed officials present. Mark Taormina, Planning
Department Todd Zilincik City Engineer Don Knapp City Attorney Susan A
Hoff City Clerk Judy Priebe Director of Legislative Affairs and Mayor Jack
Kirksey
On a motion by Toy supported by Scheel and unanimously adopted it was
#266 15 RESOLVED that the Minutes of the 1 783rd Regular
Meeting of the Council held August 17, 2015 are hereby approved as
submitted
Pastor sent condolences to Debbie Feldman local dance studio owner on
the passing of her father
He also shared comments on the passing of Mayor Bennett and how he
was instrumental in getting him involved in the political process
Toy detailed some of Mayor Bennett's achievements on behalf of the City
and called him a true public servant
Meakin also elaborated on his affiliation in working with Mayor Bennett and
lauded him on his accomplishments
President Brosnan spoke at length about Mayor Bennett her mentor and
good friend, and the footprint he left from all of his work for and on behalf of the
16` City She indicated that in his teachings he emphasized integrity and how
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Regular Meeting Minutes of September 9 2015
important it was to maintain it when serving in office She expressed sympathy to
his wife Janet, and his family and stated that he will be missed
Mayor Kirksey then commented on the passing of Mayor Bennett, his
longtime friend going back to their Wayne State days, and cited his achievements
for the City of Livonia He then detailed upcoming funeral arrangements
During Audience Communication Tom Berry 9971 Hamilton expressed his
feelings on the effectiveness of surveillance cameras on premise in the prevention
of crime
Robert Diminnie, 11101 Laurel Street spoke during Audience
Communication and informed Council that he is requesting a waiver of the noise
ordinance for his wedding on Saturday September 19th He stated that he called
City Hall and was given the information to just appear at a Council meeting and
ask for it President Brosnan informed him of the protocol and discussion was
held The following resolution was adopted by Council to accommodate his
request
On a motion by Meakin supported by Scheel and unanimously adopted it
was
#267 15 RESOLVED that having considered the request made by
Robert Diminnie during Audience Communications at the September 9
2015 City Council Regular Meeting to request permission to waive Section
8 32.070 (Noise Control) of the Livonia Code of Ordinances, as amended
in order to hold a wedding ceremony as well as reception with a five piece
orchestra and a disc jockey at the home located at 11101 Laurel Street
Livonia Michigan 48150 on Saturday September 19 2015 from 2.00 p.m
until 11 00 p.m the Council does hereby determine to waive Section
8 32.070 (Noise Control) of the Livonia Code of Ordinances between the
hours of 2:00 p.m and 11 00 p.m in connection with this event to be held
on Saturday September 19 2015
President Brosnan announced there will be one (1) Public Hearing being
held on Monday September 14 2015 at TOO p.m in the Auditorium of the Livonia
City Hall 33000 Civic Center Drive Livonia Michigan
Application for a Commercial Rehabilitation Exemption Certificate from Paul
F Bohn Fausone Bohn LLP Attorneys at Law on behalf of Livonia Lodge
LLC for the expansion and rehabilitation of the properties located at 27403
and 27451 Schoolcraft Road within City of Livonia Commercial
Rehabilitation District No 3
She then announced there will be two (2) Public Hearings being held on
L. Wednesday September 23 2015 at 7.00 p.m in the Auditorium of Livonia City
Hall located at 33000 Civic Center Drive Livonia Michigan
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Regular Meeting Minutes of September 9 2015
LProposed Special Assessment District for Proposed Street Lighting Project
for the Richfield Park Estates Site Condominiums located west of
Newburgh Road between Ann Arbor Trail and Joy Road, in the Southeast
1/4 of Section 31 (To determine necessity )
Petition 2015 07 02 13 submitted by Panamera Motors requesting waiver
use approval to operate a used auto dealership with outdoor display of
vehicles located on the south side of Plymouth Road between Wayne Road
and Yale Avenue (35085 Plymouth Road), in the Northwest 1/4 of Section
33 (Denied by the City Planning Commission on September 1 2015)
President Brosnan announced there will be new data on Items 3, 10 and 11
and that there will be two X items at the end of the meeting as well
On a motion by Scheel, supported by Toy it was
A Letter of Resignation from the Zoning Board of Appeals re resignation
of Robert S Bowling effective July 29, 2015, was received and placed on file for
the information of the Council
A communication from Todd J Zilincik City Engineer, dated August 11
2015 re sidewalk waiver request from Claude Poynter for a new residence
located at 20195 Mayfield was received and placed on file for the information of
the Council
#268 15 RESOLVED that having considered a communication from
the City Engineer dated August 11 2015 approved for submission by the
Mayor to which is attached a letter from Claude Poynter, on behalf of
Superior Development Inc , received by the Office of the City Clerk on
August 10, 2015, requesting a waiver of the sidewalk requirement in front
of the new residence located at 20195 Mayfield Avenue in the NW 'A of
Section 3 the Council does hereby approve this request inasmuch as
omitting the sidewalk on the subject property would have no detrimental
effect upon the neighboring properties at this time due to lack of any other
public sidewalks existing within the neighboring area FURTHER the
Council does hereby reserve the right to require sidewalks at this location
in the event that additional sidewalks are installed in this area at some
future date
LCorrespondence from the Department of Management Information
Systems, dated September 8 2015 re confirming correct amount for the
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Regular Meeting Minutes of September 9 2015
purchase of the security camera system, was received and placed on file for the
information of the Council
#269 15 RESOLVED that having considered the report and
recommendation of the Director of Information Systems dated August 7,
2015 which bears the signatures of the Police Chief and the Finance
Director and is approved for submission by the Mayor and a
communication from the Director of Information Systems dated August 20
2015 the council does hereby accept the bid of A.S C Security Systems
12137 Merriman Road, Livonia MI 48150 for the purchase of a security
camera infrastructure for the City Complex for the amount of$119,442 94
plus the performance bond in the amount of $3,600.00, for a total amount
of $123 042 94 the same having been in fact the only bid received and
meets all specifications, FURTHER, the Council does hereby authorize the
purchase of one additional camera for the West Parking lot from A.S C
Security Systems for the amount of $1 999.42 FURTHER, the Council
does hereby authorize an expenditure in the amount not to exceed
$125 042.36 from funds already budgeted in the unexpended fund balance
of the Capital Projects Fund (401) for this purpose and the Mayor and City
Clerk are hereby authorized to execute a contract approved as to form and
substance by the Department of Law for and on behalf of the City of
Livonia with the aforesaid bidder and to do all other things necessary or
incidental to the full performance of this resolution
#270 15 RESOLVED that having considered the report and
recommendation of the Director of Human Resources dated August 6,
2015 which bears the signature of the Information Systems Director and
the Director of Finance and is approved for submission by the Mayor the
Council does hereby authorize the purchase of the NEOGOV Human
Resource System from GovernmentJobs Corn Inc 222 N Sepulveda
Blvd Suite 2000 El Segundo CA 90277 for providing increased
efficiencies and a thorough process redesign tailored to the City's hiring of
new employees for an amount not to exceed $32 538 00 for Fiscal Year
2015 2016, FURTHER, the Council does hereby authorize an additional
appropriation and expenditure from the unexpended fund balance of the
Capital Projects Fund (401) in the amount not to exceed $32,538.00 for
this purpose FURTHER the Council does hereby authorize an annual
recurring license cost in the amount of $21 538.00 beginning Fiscal Year
2016 2017, the same to be expended from funds already budgeted for this
purpose in Account No 101 220-958-000 FURTHER the Council does
hereby authorize such action without competitive bidding for the reason
that the product sought by the City is not competitive in nature and no
advantage to the City would result from competitive bidding, as set forth in
Section 3.04 140D3 of the Livonia Code of Ordinances as amended and
the Mayor and City Clerk are hereby authorized to execute a contract
approved as to form and substance by the Department of Law for and on
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Regular Meeting Minutes of September 9 2015
behalf of the City of Livonia with GovernmentJobs.com Inc. and to do all
other things necessary or incidental to the full performance of this
resolution
�.. #271 15 RESOLVED that having considered a communication from
the Director of Public Works dated June 29 2015 and a communication
from the Human Resources Director dated July 20 2015 which bears the
signature of the Director of Finance and is approved for submission by the
Mayor which sets forth Resolution #15 124 adopted by the Civil Service
Commission on July 15 2015 wherein the Commission recommended that
a new classification of Superintendent of Public Service (Non
Grandfathered reduced pay scale) be established as part of a
reorganization of the management structure within the Public Service
Division and to which is attached a memorandum from the Personnel
Analyst 11 Civil Service Commission dated July 14 2015 the Council
does hereby concur in and approve the recommendation of the Civil
Service Commission that a new classification of Superintendent of Public
Service (non grandfathered reduced pay scale) be established as a
permanent full time unrepresented classification with the following pay
range
Superintendent of Public Service
(New Rate)
Step 1 $35.86 $74 588 80
Step 1% $36.58 $76,086.40
Step 2 $37 30 $77,584.00
Step 3 $38.80 $80 704.00 —
Step 4 $40.36 $83,948.80
Step 5 $41 97 $87 297 60
Superintendent of Public Service
(Old Rate/Grandfathered)
Step 1 $38.54 $80,163.20
Step 1Y2 $39.28 $81,702.40
Step 2 $40.06 $83,324.80
Step 3 $41.66 $86,652.80
Step 4 $43.21 $89,876.80
Step 5 $44.96 $93 516.80
#272 15 RESOLVED that having considered a communication from
the Director of Public Works, dated June 29 2015 and a communication
from the Human Resources Director, dated July 20, 2015 which bears the
signature of the Director of Finance and is approved for submission by the
Mayor which sets forth Resolution #15 123 adopted by the Civil Service
Commission on July 15 2015 wherein the Commission recommended that
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Regular Meeting Minutes of September 9 2015
a new classification of Assistant Director of Public Works be established
as part of a reorganization of the management structure within the Public
Service Division and to which is attached a memorandum from the
Personnel Analyst II Civil Service Commission dated July 14 2015, the
Council does hereby concur in and approve the recommendation of the
Civil Service Commission that a new classification of Assistant Director of
Public Works be established as a permanent full time unrepresented
classification with the following pay range
Assistant Director of Public Works
Step 1 $40.03 $83,262.40
Step 11/2 $40.81 $84,884.80
Step 2 $41 63 $86,590.40
Step 3 $43.25 $89,960.00
Step 4 $45.00 $93,600.00
Step 5 $46 78 $97 302.40
#273-15 RESOLVED, that having considered a communication from
the City Planning Commission dated August 3 2015 which transmits its
resolution #07 52 2015 adopted on July 28 2015 with regard to Petition
2015 07 08 11 submitted by Arby's Restaurant Group, in connection with
a proposal to remodel the exterior of the existing restaurant located on the
south side of Eight Mile between Farmington Road and Gill Road (33750
Eight Mile Road) in the Northeast 1/4 of Section 4 the Council does hereby
concur in the recommendation of the Planning Commission and petition
2015-07 08 11 is hereby approved and granted subject to the following
conditions
1 That the Exterior Building Elevation Plans marked A201 and A202
dated July 30 2015 as revised and received by the Planning
Commission on July 31 2015 prepared by Progressive AE, are
hereby approved and shall be adhered to,
2 That all rooftop mechanical equipment shall be concealed from
public view on all sides by either the parapet wall or screening that
shall be of a compatible character material and color to other
exterior materials on the building,
3 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
4 That no LED lightband or exposed neon shall be permitted on this
site including but not limited to, the building or around the windows
5 That the Petitioner shall patch and repair any damaged concrete as
well as remove and replace any damaged landscape material,
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Regular Meeting Minutes of September 9, 2015
6 That the dumpster enclosure shall be constructed out of material
that matches the materials used to construct the building with either
reinforced fiberglass composite or steel gates excluding wood
7 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 and
8 Pursuant to Section 19 10 of Ordinance No 543 the Zoning
Ordinance of the City of Livonia, this approval is valid for a period of
one year only from the date of approval by the City Council, and
unless a building permit is obtained and construction is commenced,
this approval shall be null and void at the expiration of said period
#274 15 RESOLVED that having considered a communication from
the City Planning Commission, dated August 3, 2015, which transmits its
resolution #07-53 2015 adopted on July 28 2015 with regard to Petition
2015-07 08 12 submitted by Arby's Restaurant Group in connection with
a proposal to remodel the exterior of the existing restaurant located on the
east side of Middlebelt Road between Clarita Avenue and Seven Mile
Road (19000 Middlebelt Road) in the Northwest 'A of Section 12 the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 2015 07 08-12 is hereby approved and granted,
subject to the following conditions
1 That the Exterior Building Elevation Plans marked A201 and A202
dated July 30 2015 as revised and received by the Planning
Commission on July 31 2015 prepared by Progressive AE are
hereby approved and shall be adhered to
2 That all rooftop mechanical equipment shall be concealed from
public view on all sides by either the parapet wall or screening that
shall be of a compatible character material and color to other
exterior materials on the building
3 That only conforming signage including the monument sign is
approved with this petition and any additional signage shall be
separately submitted for review and approval by the Zoning Board
of Appeals,
4 That the site's landscaping shall be enhanced to the satisfaction of
the Planning Director
5 That no LED lightband or exposed neon shall be permitted on this
L. site including but not limited to the building or around the windows
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Regular Meeting Minutes of September 9 2015
6 That the dumpster enclosure shall be constructed out of material
that matches the materials used to construct the building with either
reinforced fiberglass composite or steel gates excluding wood
7 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 and
8 Pursuant to Section 19 10 of Ordinance No 543 the Zoning
Ordinance of the City of Livonia this approval is valid for a period of
one year only from the date of approval by the City Council and
unless a building permit is obtained and construction is commenced
this approval shall be null and void at the expiration of said period
A roll call vote was taken on the foregoing resolutions with the following result
AYES Pastor Meakin Toy Scheel, Nash Kritzman and Brosnan
NAYS None
Pastor as Chair of the Finance Budget and Technology Committee
reported on the meeting of August 10 2015
The RFP project timeline and recent project results received on August 10,
2015 from the Bogdahn Group was received and placed on file for the information
of the Council (CR 457 07)
On a motion by Pastor supported by Meakin and unanimously adopted, it
was
#275 15 RESOLVED that having considered the report and
recommendation of the Finance Insurance and Budget Committee, dated
August 10 2015 submitted pursuant to Council Resolution 457 07 and
the report and recommendation of the Director of Finance and the Review
Committee dated July 6, 2015, approved for submission by the Mayor
regarding the selection of a Plan Administrator for the City's 401(a) Defined
Contribution Retirement Plan the Council does hereby accept the bid of
the Bogdahn Group 4901 Vineland Road, Suite 600, Orlando Florida
32811 to serve as the consultant for a provider search for the City's
Defined Contribution (401) and Deferred Compensation (457) Plans for
the total amount not to exceed $45 000 00 the same having been in fact
the lowest and most qualified bid received and meets all specifications
FURTHER the Council does hereby authorize an expenditure in the
amount of $22,500 00 from funds already budgeted in the Defined
Contribution Plan (401) forfeiture funds, and in the amount of $22 500.00
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Regular Meeting Minutes of September 9, 2015
from funds already budgeted in Account No 101 234 813 000 Labor
Relations Professional Fees, for this purpose the Administration is
authorized to negotiate a contract with the party and for the services and
not to exceed price stated above and the Mayor and City Clerk are hereby
authorized to execute same once it is approved as to form and substance
from the Department of Law for and on behalf of the City of Livonia with
the aforesaid bidder and to do all other things necessary or incidental to
the full performance of this resolution
The City of Livonia 2015 Assessment Data booklet from the City Assessor
dated April 30 2015, was received and placed on file for the information of the
Council
Meakin as chair of the Capital Improvement Natural Resources and
Waste Management Committee reported out on the Meeting of September 2
2015
A communication from Denise Gretz, President, Waste Management
dated September 8, 2015 re extension of current contract with Waste
Management was received and placed on file for the information of the Council
(CR 57 15)
A communication from Carol Koskyn dated September 3 2015 re the
size of the recycling bins was received and placed on file for the information of
the Council (CR 57 15)
An email communication from Robb Capeling, dated September 3 2015
re the size of the recycling bins was received and placed on file for the
information of the Council (CR 57 15)
An email communication from Shere Hanlon dated September 3 2015 re
the size of the recycling bins was received and placed on file for the information
of the Council (CR 57 15)
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Regular Meeting Minutes of September 9 2015
An email communication from Natalie Reeves dated September 4 2015,
re the size of the recycling bins was received and placed on file for the
information of the Council (CR 57 15)
An email communication from Jim Baringhaus Chairperson Greenleaf
Commission on Sustainability dated September 4 2015, re the size of the
recycling bins was received and placed on file for the information of the Council
(CR 57 15)
A Certificate of Liability Insurance received from Fishman Agency Inc
adding City of Livonia to the Insured Rizzo Environmental Services Inc coverage,
dated September 2 2015 was received and placed on file for the information of
the Council (CR 57 15)
An email communication from Jim Baringhaus chairperson Greenleaf
ItCommission on Sustainability dated September 1 2015 re the size of the
recycling bins was received and placed on file for the information of the Council
(CR 57 15)
An email communication from Lynn A Street dated August 26 2015 re
to consider how happy citizens are with Waste Management and the lowest bidder
is not always the best was received and placed on file for the information of the
Council (CR 57 15)
An email communication from Gini Krenz, dated August 25 2015 re not
in favor of the 65 gallon recycling carts was received and placed on file for the
information of the Council (CR 57 15)
An email communication from Lucy Lussenden, dated August 23 2015 re
to continue with Waste Management as our contractor and continue using the 18
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Regular Meeting Minutes of September 9 2015
gallon recycle bins was received and placed on file for the information of the
Council (CR 57 15)
An email communication from Deborah Law dated August 19 2015 re the
64 gallon size recycle bins will not fit in the garage, was received and placed on
file for the information of the Council (CR 57 15)
A communication from the Public Service Division dated September 1,
2015 re the solid waste/recycling contract—eight year proposals was received
and placed on file for the information of the Council (CR 57 15)
On a motion by Meakin supported by Kritzman, it was
#276 15 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Natural Resources and
Waste Management Committee dated September 2 2015 submitted
pursuant to Council Resolution No 57 15, and a communication from the
Superintendent of Public Service and the Director of Public Works dated
June 11, 2015 which bears the signature of the Director of Finance and is
approved for submission by the Mayor with regard to solid waste/recycling
services for the period December 1 2015 through November 30 2023 the
Council does hereby request from the Administration a report comparing
the cost of the current contract and the savings available under the options
currently before the council and a summary of such potential savings broken
down per household (CR 57 15)
Mayor Kirksey spoke on the issue of the solid waste/recycling contract
indicating he was in favor of staying with Waste Management
The following individuals spoke on this issue
Eleanor Masheff 15761 Riverside
Rita Romirelli, on behalf of mother Irene Dorazio 38016 Bloomfield
Jason Tamer 19555 Merriman Court
Michael Coliton 31193 Bobrich
William Myslinski 9848 Sunset
Following discussion by Council, a roll call vote was taken on the motion made by
Meakin, seconded by Kritzman with the following result
AYES Pastor Meakin Toy Scheel Nash Kritzman and Brosnan
NAYS None
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Regular Meeting Minutes of September 9 2015
The President declared the resolution adopted
On a motion by Meakin supported by Pastor, it was
#277 15 RESOLVED that having considered the report and
recommendation of the Capital Improvement Natural Resources and
Waste Management Committee dated September 2, 2015 submitted
pursuant to Council Resolution No 57 15, and a communication from the
Superintendent of Public Service and the Director of Public Works dated
June 11, 2015 which bears the signature of the Director of Finance and is
approved for submission by the Mayor with regard to solid waste/recycling
services for the period December 1 2015 through November 30, 2023 the
Council does hereby request from the Administration a report on any
savings relating to the millage for curbside recycling (CR 57 15)
The following individual spoke on this issue
Ray Wakenell 33486 Griffin Court
Following discussion by Council a roll call vote was taken on the motion made by
Meakin seconded by Pastor with the following result
AYES Pastor, Meakin, Toy, Scheel, Nash Kritzman and Brosnan
NAYS None
The President declared the resolution adopted
On a motion by Meakin supported by Pastor it was
#278 15 RESOLVED that having considered the report and
recommendation of the Capital Improvement, Natural Resources and
Waste Management Committee dated September 2 2015 submitted
pursuant to Council Resolution No 57 15 and a communication from the
Superintendent of Public Service and the Director of Public Works dated
June 11 2015 which bears the signature of the Director of Finance, and is
approved for submission by the Mayor, with regard to solid waste/recycling
services for the period December 1 2015 through November 30 2023 the
Council does hereby authorize the Mayor and City Clerk for and on behalf
of the City of Livonia to execute an eight (8) year contract between the City
of Livonia and Rizzo Environmental Services 6200 Elmridge Drive Sterling
Heights Michigan 48313 for providing solid waste collection and disposal
services for the City of Livonia, including expansion of curbside recyclables
and the transfer, transportation and composting of leaves deposited at the
landfill site commencing December 1 2015 through November 30 2023
in the estimated amount of $43,861 252.00 this service shall include
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Regular Meeting Minutes of September 9, 2015
utilizing 18 gallon recycle bins with an opt-in option for residents to choose
64 gallon recycle carts and the Mayor and City Clerk are hereby authorized
for and on behalf of the City of Livonia to execute a contract with the
aforesaid bidder and to do all other things necessary or incidental to the full
performance of this resolution FURTHER the Council does hereby award
the Neighborhood Roll Off Placements for the Bulk Leaf Pickup Program —
A five year contractual agreement to Synergy Environmental 9864 E
Grand River, Suite 110 140 Brighton MI 48116 as detailed in Section Four
of the Request for Proposal
The following individuals spoke on the issue
Paula Noechel 15526 Sussex
Eleanor Masheff 15761 Riverside
Jim Baringhaus 37594 Southampton
Anna Myslinski 9605 Merriman
Mark Collangelo, 315555 Summers
Maureen Wakenell 33486 Griffin Court
Catherine Heinzman 30496 Hathaway
Following discussion by Council a roll call vote was taken on the motion made by
Meakin, seconded by Pastor, with the following result
AYES Pastor Meakin Toy Nash
NAYS Scheel, Kritzman and Brosnan
The President declared the resolution adopted
An email communication from Andrew C Richner, Clark Hill PLC, dated
September 3, 2015, re removing Petition 2015 06 02 08 from the Agenda until
further notice was received and filed for the benefit of the Council
Four correspondences from Kroger Associates in support of Petition 2015
06 02 08 were received and filed for the benefit of the Council
At the direction of the chair Agenda Item #11 was removed from the
Agenda
On a motion by Meakin supported by Toy and unanimously adopted it
p
was
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Regular Meeting Minutes of September 9 2015
#279 15 RESOLVED that having considered an application from
Andy and Lisa Ozark, 37508 Sunnydale Street dated August 14 2015
' requesting permission to close Sunnydale Street (37706 through 37736)
within the cul-de-sac on Saturday September 19 2015 from 3 00 p.m to
10.00 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 September 20 2015 in the event of
inclement weather the action taken herein being made subject to the
approval of the Police Department
On a motion by Pastor, supported by Toy and unanimously adopted it
was
#280 15 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 Toy supported by Pastor and unanimously adopted, it was
#281 15 WHEREAS, the City of Livonia (hereinafter the
"Community") has ascertained that it can more efficiently serve the Wayne
County residents within its boundaries with fiber connectivity among the
Community's principal public buildings such as City Hall,
WHEREAS unfortunately, two such buildings — the Livonia Community
Recreation Center and the Department of Public Works Complex at 12973
Farmington Road —do not currently enjoy such connectivity
WHEREAS the Community has devised a plan to achieve such connectivity
which relies almost entirely on the Community's own rights-of way and
makes minimal use of County rights of way and
WHEREAS to implement said plan the Community hereby requests a
permit to install fiber optic cable within the Five Mile and Farmington Road
rights-of way,
NOW THEREFORE in consideration of the County granting such Permit,
the Community agrees and resolves that
It accepts jurisdiction and maintenance responsibility for the proposed fiber
optic cable within the rights of way of Five Mile and Farmington Roads
including any claims damages costs and attorney fees arising out of or
incurred by the County as a result of the installation maintenance,
operations relocation or removal of such cable except that which is
caused by the negligence of the County its agents officers and/or
employees
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Regular Meeting Minutes of September 9 2015
It will fulfill all Permit requirements and acknowledges that each party to
this Permit shall remain responsible for any claims arising out of their own
acts and/or omissions during the performance of this Permit, as provided
by law This Permit is not intended to increase either party's liability for or
immunity from tort claims This Permit is not intended nor shall it be
interpreted, as giving either party a right of indemnification either by
agreement or at law for claims arising out of the performance of this
Permit
Any work performed for the Community by a contractor or subcontractor
will be solely as a contractor for the Community and not as a contractor or
agent of the County Any claims by any contractor or subcontractor will be
the sole responsibility of the Community The County shall not be
subject to any obligations or liabilities by vendors and contractors of the
Community or their subcontractors or any other person not a party to the
Permit without its specific prior written consent and notwithstanding the
issuance of the Permit
The Community shall take no unlawful action or conduct nor any act
or omission which arises either directly or indirectly out of its obligations,
responsibilities and duties under the Permit which results in claims being
asserted against or judgment being imposed against the County and all
officers agents and employees thereof pursuant to a maintenance contract
In the event that the same occurs for the purposes of the Permit it will be
Iwo considered a breach of the Permit thereby giving the County a right to seek
and obtain any necessary relief or remedy, including, but not by way of
limitation, a judgment for money damages costs and attorney fees
With respect to any activities authorized by Permit, when the Community
requires insurance on its own or its contractor's behalf, it shall also require
that such policy include as named insured the County of Wayne and
all officers agents and employees thereof
The incorporation by the County of this resolution as part of a Permit does
not prevent the County from requiring additional performance security or
insurance before issuance of a Permit.
At the discretion of Wayne County the Community shall remove and/or
relocate the proposed fiber optic cable as required by future Wayne County
projects at no expense to Wayne County
A roll call vote was taken on the foregoing resolution with the following result
AYES Pastor Meakin Toy Scheel Nash Kritzman and Brosnan
NAYS None
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Regular Meeting Minutes of September 9 2015
The President declared the resolution adopted
On a motion by Nash supported by Toy, and unanimously adopted, it was
#282 15 RESOLVED that pursuant to Section 21 02 of the Zoning
Ordinance of the City of Livonia Ordinance No 543 as amended and
Section 601 of Act 110 of the Public Acts of Michigan of 2006, as amended
Leo Neville 15957 Ingram, Livonia, Michigan 48154, is hereby appointed
to the Zoning Board of Appeals, to fill the unexpired term of Robert Bowling
which expires on July 12 2017 with all the authority and duties as set forth
in the said Zoning Ordinance and Act 110 and further provided that Mr
Neville takes the Oath of Office as required in Chapter X Section 2 of the
City Charter, to be administered by the Office of the City Clerk
There was no Audience Communication at the end of the meeting
On a motion by Toy, supported by Pastor, and unanimously adopted this
1 784th Regular Meeting of the Council of the City of Livonia was adjourned at
8:28 p.m on September 9 2015
L
Susan A Hoff, ity C