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HomeMy WebLinkAboutCOUNCIL STUDY - 2009-11-23 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD NOVEMBER 23, 2009 Meeting was called to order at 8:01 p.m. Present: John Pastor, Joe Laura, Brian Meakin, Tom Robinson, James McCann, Godfroid-Marecki and Laura Toy. Absent: None. Elected and appointed officials present: Mayor Jack Kirksey; Don Knapp, City Attorney; Todd Zilincik, City Engineer; Judge Kathleen McCann, Mark Taormina, City Planner; and Maureen Cosgrove, Assistant City Clerk. Godfroid-Marecki welcomed everyone that is coming in for the choir reunion this weekend coming from near and afar. She said it will be quite an honor to honor Jerry Smith and Sharon Smith. She indicated he was her most influential teacher throughout all her school days and is very excited about the reunion. She recalled President Toy and her announced a couple of weeks ago that they were going to start selling Bentley bricks which would be placed at the Recreation Center. Today they went over and picked out an area of interest and indicated that information will be compiled tomorrow. She said they're going to get the leaflets all set and hopefully get those out at the three large reunions going on this weekend and start the process of selling those. She said she believes information will be on Cable TV and hopefully the newspaper will do something on this, she noted that they haven't talked to the newspaper yet. She indicated that they're going to move that along. She wished the Mayor a happy birthday. She said his birthday was on Sunday and wished him a happy belated birthday. McCann also extended birthday wishes to Mayor Kirksey. He also wished his father a happy birthday. He said today is his father's 86th birthday and his best wishes go out to his father for his birthday. President Toy indicated there are reunions for many of the Bentley folks who went to that fine high school from 1950 to 1985. The class of 80's in the latter part will be having their reunion this weekend. John King is in charge of that reunion and also Carl Creighton and Colleen Siembor. Others are doing reunions for the classes of 1967, 19687 1969 and 1970. She indicated Councilwoman Vice-president Godfroid-Marecki doesn't fit into any of those but indicated that she sang a lot in high school and said she will be at the huge concert choir event that will be happening at Burton Manor. The Council has done a tribute for Jerry Smith and will be presenting it that evening along with the Mayor as well. President Toy asked for a few moments for a neighbor of Councilman Jim McCann who was a dear friend of hers who passed away this weekend. She was an avid watcher of this City Council. Her and her husband raised their children here. She died a terrible death from cancer. Today was her funeral. If we could just remember her, she was a very dear, sweet citizen of this community, Sue Wells. President Toy asked for a few 2 moments of silence, she indicated Jim and Linda McCann were at the funeral home last night, she asked for God to bless Sue and her family, her husband Bill. AUDIENCE COMMUNICATION: None. NEW BUSINESS: 1. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Corrine Foster in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Corrine Foster, 31180 Walden, Apt. 103, Novi, Michigan 48377 was present to request a Massage Apprentice Permit. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 2. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM MAC ACQUISITION LLC (A DELAWARE LIMITED LIABILITY COMPANY) TO TRANSFER OWNERSHIP OF A 2008 CLASS C LICENSED BUSINESS WITH OFFICIAL PERMIT (FOOD) FROM BRINKER MICHIGAN, INC. (A DELAWARE CORPORATION); AND REQUEST TO CHANGE EXISTING OFFICIAL PERMIT (FOOD) FROM 10:00 AM TO 12:00 NOON SUNDAYS TO 11:00 AM TO 12:00 NOON SUNDAYS: Division of Police, re: for the business located at 39300 Seven Mile, Livonia, MI 48152. Rick Gold, 2705 Ravineside Lane South, Howell, Michigan 48843, General Manager of Macaroni Grill was present to answer any questions. President Toy asked how many years the business has been at this location, Rick Gold responded 16 years. Robinson asked confirmation that this was just a housekeeping change of license; Knapp confirmed yes it was. Robinson indicated the hours were even shortened and asked for confirmation of the hours. Knapp confirmed the hours were changing from 10:00 a.m. to 12:00 p.m. to 11:00 a.m. to 12:00 p.m. Robinson said he wasn't used to seeing a change in hours and asked for an explanation. Rick Gold responded he wasn't certain why they're changing the hours. He indicated the communication he received from his corporate office was that they were merely looking for an approval to have the corporate ownership changed from Brinker to MAC. Brinker was sold approximately a year ago to MAC Acquisition LLC. Robinson informed Rick Gold if there were any objections to the change of hours he suggested to get that to Council before the next Regular Meeting because it's part of the approving resolution at this point. Rick Gold said whatever correspondence was submitted came from the corporate 3 office. He further stated the current hours of operation 11:00 a.m. to 10:00 p.m. Sunday through Thursday and 11:00 a.m. to 11:00 p.m. Friday and Saturday. McCann said we may want to have the letter from Chief Stevenson reviewed prior to that meeting with regard to the change in hours. Rick Gold said they'll follow up on that and inform the Council of any issues. President Toy asked Rick Gold who was Kelly Meadows, he responded she was from the corporate office and he said Ashley Sadler was assisting Kelly Meadows who is also a licensing specialist from Gray Robinson, P.A., 301 South Bronough Street, Suite 600, P.O. Box 11189, Tallahassee, Florida, 32302. Robinson offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST FOR AUTHORIZATION TO PARTICIPATE IN THE 2009/2010 VEHICLE ACQUISITION PROGRAM/EQUIPMENT REIMBURSEMENT AWARDED TO THE UNITED STATES MARSHAL'S OFFICE: Division of Police, re: for acceptance of a 2010 Ford to be utilized by the Livonia Sergeant assigned to the Fugitive Apprehension Task Force, which will include reimbursement for outfitting the vehicle in the amount of $5,000.00 and reimbursement of fuel costs in the amount of $6,000.00 for federal fiscal year 2010. Captain Ben McDermott from Livonia Police Department was present to answer any questions. He stated the Police Department is going to utilize forfeiture funds that have been donated to the Police Department from the United States Marshal's Office. The funds will cover the purchase of a new 2010 Ford pick-up truck and will also cover the outfitting of the vehicle as well as fuel costs up to $6,000 for the fiscal year 2010. We're not going to add to the fleet, we'll be removing an existing high mileage vehicle from the fleet and dispose of it at auction and this will replace that vehicle. Godfroid-Marecki asked Captain McDermott if this was the first time the City had been reimbursed for fuel, she didn't recall ever being reimbursed for fuel. Captain McDermott said this is the first time we've really partnered with the Marshal's service and something like this by using their grant funds. He said it was the first time he was aware of that we've received anything like this as well for the outfitting and fuel as well. Godfroid-Marecki asked Captain McDermott for an update on the two Northville police officers who were injured, he responded the last update he had was from early this morning when one of the officers had surgery, he said he hasn't heard anything new. 4 McCann asked Captain McDermott about this officer assigned to this task force, if we receive federal money for that. Captain McDermott responded that his salary is not covered and said we're negotiating right now to have his overtime covered but its still being negotiated. McCann asked if this full-time position was on a task force, Captain McDermott responded yes that is correct it is a full-time position on a task force. McCann asked where the officer would be located; Captain McDermott responded he works out of Detroit where his office is located and said he brings cases from Livonia to his task force and works on those cases. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST TO ACCEPT A U.S. DEPARTMENT OF JUSTICE GRANT FOR THE CLARENCEVILLE AND LIVONIA PUBLIC SCHOOLS SCHOOL DISTRICTS FROM FUNDING UNDER THE "SECURE OUR SCHOOLS" COMPETITIVE GRANT PROGRAM: Division of Police, re: to assist with the development of school safety resources and improved security in schools and on school grounds, with a 50% local cash match required, which will be provided by the school districts. Captain Ben McDermott from the Livonia Police Department was present to answer any questions. He said the Police Department recently partnered with the Clarenceville School District and also the Livonia Public Schools in applying for funding under that Secure Our Schools Competitive Grant Program from the U.S. Department of Justice that is the office of Community Oriented Policing Services (COPS). Our application was for a proposal titled C.L.A.S.S. Project (Clarenceville & Livonia Addressing School Safety) which is the Clarenceville and Livonia Public School Districts addressing school safety. On October 7, 2009, we received formal notification that the Department of Justice had approved the total requested project cost of $462,144 which is comprised of a federal award of $231,072 and then the 50% local cash match requirement of $231,072. Those required local matching funds are provided by the two school districts with Clarenceville's share being $58,693.50 and Livonia's share being $172,378.50. The 2009 COPS Secure Our Schools Grant program provides funding law enforcement agencies to assist with the development of school safety resources and improved security in the schools and also on the schools grounds. This grant award and matching funds will be used to purchase mobile digital video recorders and cameras that will be on the school buses along with digital video recorders, intercoms, remote door access systems and card reader systems for the school buildings. McCann said this is something that will benefit our schools and he liked the idea of having video on the buses and the card readers will also be an important safety device for the schools. 5 Godfroid-Marecki asked Captain McDermott to confirm that the City is not contributing any funds for this, that it would come from the two School Districts, he responded with yes that is correct. Meakin asked Captain McDermott what would happen if the School Districts were unable to come up with their share. Captain McDermott said that he believed however much was not matched that the U.S. Department of Justice would probably be inclined to deny that amount in reimbursement. Meakin asked if there were any chance of losing this grant. Captain McDermott said he believed the money has been agreed upon to be set aside by both districts and that the money is in their budgets that is his understanding. Meakin expressed concern and said budgets are changing rapidly, even though this is a very important item, it may not become a necessity to them in the long run. Meakin said he agrees with the approving resolution, but is just concerned that this could get cut out of the program at some point. Captain McDermott added that the request had to come from a Police Department being that it was from the U.S. Department of Justice and said the Police Department was merely acting like a fiduciary for the Clarenceville and Livonia Public School Districts. Godfroid-Marecki asked Captain McDermott, if this was only a one time fee to the school districts, he responded yes. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 5. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) REPLACEMENT VEHICLE FOR THE INSPECTION DEPARTMENT: Public Service Division, re: the purchase of one (1) 2010 Ford Escape from MAMMA insurance payout, a payment from the Salvage Company and budgeted funds. Gary Garrison, Department of Public Works, Equipment Maintenance. He said this was a request to replace a vehicle that was totaled out in an accident. He stated the funds, should actually read MMRMA insurance. We have the amount there of$11,102, the Salvage Company will be paying $2,800, which leaves us a balance that we need of $1,097 that is in an account that was left over from earlier purchases made this year, in fact, the vehicle that was totaled we were able to get that in under price so that was still in that account. McCann stated this seems to be a replacement vehicle with insured cost and it appears to be an appropriate expense. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 6 6. CONVEYANCE OF AN EASEMENT TO DTE ENERGY: Department of Law, re: to provide underground electric service on City-owned property to the new clubhouse at Whispering Willows Golf Course (20500 Newburgh Road) located in the Northwest '/4 of Section 5. (Tax ID No. 018-99-0003-000) Don Knapp, City Attorney, stated we're asking the Council to grant Detroit Edison an easement so they can install underground utilities for the new clubhouse at Whispering Willows Golf Course. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 7. SUBJECT OF ESTABLISHING POLICIES, PROCEDURES AND/OR ORDINANCES WITH RESPECT TO THE NAMING OF CITY-OWNED PROPERTY: Council President Laura M. Toy, re: same. President Toy said after their last Council meeting she put this forward to assign this to a committee and maybe have some citizen input. She knows that people up in the Council office have been looking at other cities, counties and states as to what they're doing in regards to the naming of city-owned properties. Laura offered the resolution on the Regular Agenda referring to the Committee of the Whole for its report and recommendation. DIRECTION: REFER TO REGULAR COMMITTEE OF THE WHOLE 8. SUBJECT OF NAMING THE NEW 16TH DISTRICT COURT BUILDING AFTER JUDGE JAMES R. McCANN: Councilmember Thomas Robinson, re: same. McCann said he spoke to Don Knapp, City Attorney, regarding the naming of the Courthouse. Consideration here is to name it after my father, although the ordinance doesn't require that I step down it says that only when I have a financial conflict of any type. Just for the purposes of somebody's point of view, just to make sure, to put it nicely, that nobody thinks I have any influence over this, I'll step down. Robinson yielded to former Councilman Joe Taylor at the podium. Joe Taylor, former Councilman, 36734 Sunnydale, Livonia, said he is there to urge the Council to consider naming the new Courthouse the James McCann Hall of Justice. He believes they have been provided something before them that has a lot of information on James R. McCann. He wanted to make a few points and said he has known him for many years and they grew up together and they 7 have known each other for 60 years and moved to Livonia together. Taylor said Jim (James R.) McCann graduated from law school in 1955 and moved his family to Livonia. Jim was elected to the City Council in 1958. He led the charge for larger residential lots. At times builders were building on 40 foot lots; he urged the Council and they passed the resolution where the lots had to be 60 foot lots in R1 Zoning Districts. He did many other things with the builders, and also made a resolution so they had to put garbage disposals in, most people thought they were put in automatically. Jim was one of those persons who made it an ordinance. Believe it or not the shingles they were putting on were too light weight and he made an ordinance where they had to put on heavier shingles. All of the houses that we have now in Livonia, actually were developed and much better after Jim served on the Council. He was elected to the Municipal Judgeship in 1966 and worked out of a small court until the State of Michigan decided to make a District Court in 1968. They also added a new judge at that time. Judge James R. McCann, with the help of the late James Mies, helped to do this new building that we have now and has since went by the wayside because of the size of the building and it didn't meet all the requirements of safety, so now we need a new Courthouse. The old Courthouse was built in 1971. Judge James R. McCann with the help of the former Chief of Probation, Jack Kirksey, established the first volunteer probation program in the United States. Judge James R. McCann implemented the first volunteer work program in the United States for non-violent offenses. This meant that what he could do with the work program was rake leaves for senior citizens, do their snow removal, helped clean around City Hall. All of those types of things they could do over the week-end or during the week. The 16th District Court is defined today by the programs that were initiated and implemented by Judge James R. McCann. He was the longest serving elected official Livonia has ever had. These are just some of the reasons why he thinks Council should give consideration to Judge James R. McCann, when naming this building. Taylor said he knows that Council will later be studying the facts of how we name buildings and parks and those types of things. He hopes that this would be done before the first of the year because he knows that this Council has worked very hard on the new Courthouse. Taylor said he knows that Councilman Meakin was very involved and on the committee and believes Council would like to have this done before the end of the year. He thinks if Council did that they would be well served for the City of Livonia. Robinson said from time to time he has taken the liberty to say how grateful and appreciative he is to grow up in such a great community for many reasons. All of which are due to some former leaders that came before us that laid great foundations for what we know and love as our City today. Former Councilman Taylor being one of those leaders and Mayor Kirksey who is still serving us today being another. He said tonight we're here to talk about James R. McCann. Robinson said Mr. Taylor did an excellent job of briefly recapping some of the reasons we're considering this resolution that he will be making here in a moment. He said that he had a stack of material, letters to the editor, old 8 newspaper articles, too many to go over this evening. He said he'd like to submit this as new data and will give that to the Chair and Law Department when we're done here this evening to be part of the record. Robinson said to briefly recap as Mr. Taylor did, Judge James R. McCann served on this Council both as president and as a member for a total of eight (8) years on this Council. Judge James R. McCann did fight for such things as large residential lots, building codes, he was instrumental in the creation of our industrial corridor, he served 29 years on the bench. Robinson said, "Judge (James R.) McCann if you're watching that's a long time and we're grateful for all 29 years." Robinson said Judge James R. McCann served 36 total years of elected service in this community. He was president of the Michigan District Judge Association. He served on the Michigan Tenure Commission. Robinson said he had learned in reading some of the articles here today and letters to the editor and different documents that were actually part of our Council records here that Judge James R. McCann was also instrumental in the creation of some our senior housing programs in our community. Robinson thinks that if a case is going to be made whether or not to name public buildings after officials who have come before us, he thinks there is a heck of case to be made here this evening. Christopher Martin, 12275 Inkster Road, Livonia, said his thought on this is that he's not in favor of naming any public buildings after anyone. It sets precedence here, dominos start to fall, we'll be looking for a name to be put on the Recreation Center, and we'll be looking for other buildings that we have to put someone's name on them. He can't see six people making this type of decision. He believes if you wanted to be fair, possibly put it on a ballot and have the citizens' vote on it. He thinks that would be the only really fair way of doing this. The only exception to naming any building that he could ever dream of would be like possibly a military installation, maybe after a Medal of Honor winner, but excluding that he just doesn't believe in it but thinks the citizens need to decide this. Judge Kathleen McCann, 19897 Myron, Livonia, said she works at the current Courthouse that her dad helped to design and to build. She said from her experience growing up with him that his heart was with that Court, it always has been. He's devoted himself to the law since the time she was a young child. He began in his first year as a Judge in 1966 working with volunteers because he knew that the City at that time was going through very difficult financial times, there was not enough money for a Court. So he began and he reached out, he looked at a program that they started in Royal Oak. In Royal Oak they had two volunteers working, at that time he thought what a marvelous idea. So he began and he worked with our current mayor and he got a hold of a gentleman by the name of Glen Toy who assisted him in that department, and Ken Kirkwood and Jack Walsh. Those gentlemen instituted a Probation Department where they immediately hired twenty volunteers. Those twenty volunteers began to supervise all of their probation people, anyone that was on probation. They mentored them and brought these people back into the fold and gave them a life 9 again instead of jailing them, which was an expense to the community. She said her father; Judge James R. McCann, decided giving people jobs to help them keep their families fed was more important than putting them in prison and destroying families if they were non-violent offenders. He started a work program that started out on Saturdays. It has now grown to where we have hundreds of people every Friday, Saturday, Monday and Tuesday working and it is a phenomenal success. We keep Livonia graffiti free, we keep our highways clean, we pick-up trash, we clean our parks and golf courses, we help our seniors, in the past we've cleaned the churches and we have painted. Whenever there is a project from this City and are asked to help, we help. These are things that the probationers do to give back when they have taken from the City. It is a program that he thought of and started and it has spread, not only across Michigan but across the entire United States. He put his heart into this Court. He puts his heart into what he does to make this City a better place and she believes that he deserves some memorial for that and that's what she's asking. Meakin said he did want to add one item regarding Judge (James) McCann. Since his retirement he still serves on the Ethics Commission where he has served as Chairman of the Board for many years. Meakin thinks 51 years of service to this Community is well deserving of such an honor. Robinson said to address a couple of the concerns that were raised; the precedent has been set from time to time Council had the rare opportunity and honor to take a moment to recognize someone from the past. We're standing here today in a building that is named after a former leader. He thinks that is something that elected bodies do from time to time. As far as when we talked about this at the last meeting what guides us in that decision, it's not just six people up here in this case making an arbitrary decision on whether it's appropriate or not. It's based upon a long history that is being presented to us here this evening. Again, in some detail, in detail too lengthy to get into, he said he would be more than happy to draft a resolution and submit it to our Law Department prior to the next Regular Meeting and hopes they'll all just sit back and look back and decide whether or not taking this opportunity is in front of them now for several different reasons, to say yes this is warranted. Wade McCann, 11016 Arden Street, Livonia, said he wanted to thank the Council for giving him the opportunity to speak at the James R. McCann Roast. He said he really had nothing good to say about his dad, honestly. Seriously, he said, as parents go he was kind of a fascist, it was pretty tough to grow up at his house. He said his sister talks about this work program; the work program was actually invented by the way his dad ran their family nucleus, and that's where he got the idea from. His father has had a long career and a lot of people in the Community know him. There are a couple of comments he'd like to make. Wade, who is also a lawyer, said he got pulled into the family fold there but when he worked for the 52nd District Court in Novi, one incident kind of struck him. He was a clerk for one of the Judges and they initiated a work program at their court and that Judge 10 wanted to get some good publicity for the work program out in Novi. So he called the Chief of Probation and had them put together a program with the media and got everybody out to the work program. When the story came out it was all about Judge James R. McCann and how he started the first work program in the State of Michigan and how all the work programs are basically based on his program. Wade said he thinks it is sort of a testament to the fact that his dad had some very innovative thinking that went a long way to helping the way the Courts run now. One other thing that struck him that he wanted to comment about was his dad's retirement party. Ed McNamara spoke at his father's retirement party and at that time made a comment that Wade thought was a very nice compliment. McNamara said that one thing that Judge James R. McCann never got credit for was that when he ran for mayor he had all of these policies in his platform but he (McNamara) implemented all those policies and that's what made Livonia the great place that it is. Wade said he thought that was a very nice comment he made. He agrees with his sister, and thinks his father does deserve some kind of monument. Robinson offered the approving resolution naming the new Courthouse "James R. McCann Hall of Justice" on the Regular Agenda. DIRECTION: APPROVING REGULAR Naming new Courthouse: "James R. McCann Hall of Justice" AUDIENCE COMMUNICATION: None. Pastor wished everyone a Happy Thanksgiving and added, dare he say "Go Lions." Toy also wished everyone a Happy Thanksgiving. As there were no further questions or comments, Council President Toy adjourned the Study Session at 8:42 p.m. on Monday, November 23, 2009. DATED: December 1, 2009 LINDA GRIMSBY, CITY CLERK