REGULAR MEETING OF THE COUNCIL OF THE CITY OF SAGINAW_ MICHIGAN by leader6

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									                           DECEMBER 19, 2005                                           567

REGULAR MEETING OF THE COUNCIL OF THE CITY OF SAGINAW, MICHIGAN, HELD
MONDAY, DECEMBER 19, 2005, AT 6:30 P.M. IN THE COUNCIL CHAMBER OF CITY
HALL.
                  PRAYER AND PLEDGE OF ALLEGIANCE
      Councilman Amos O’Neal offered a prayer and led the pledge of allegiance.

                                        ROLL CALL
          Mayor Carol Cottrell called the meeting to order. The following Councilpersons
were present: Gregory Branch, Larry Coulouris, William Federspiel, Wilmer Jones Ham,
Willie Haynes, Amos O’Neal, Amanda Kitterman, Andrew Wendt and Mayor Carol
Cottrell-9.

    CORRECTION AND APPROVAL OF MINUTES OF PRECEDING SESSIONS
        Councilman Coulouris moved to approve the minutes from the July 25, 2005,
August 8, 2005, August 22, 2005 and August 29, 2005 regular Council meetings and the
August 2, 2005 Special Council meeting.
        Adopted unanimously.

                               PERSONAL APPEARANCES
           Barbara Wiese, 1020 Reed, said she has complained about the rental house at
1018 Reed for five years. Mentioned she had received a letter from Jim Hodges, Chief
Inspector, who said the City could not do anything about the eaves and the driveway. Said
the owners do not clean their side of the driveway. Said the house was cited for violations
and no repairs were made.
           Robert Chicky, 3516 State, said he was there to represent business and property
owners with regard to Wise Guys Bar. Requested Council rid them of this neighborhood
problem. He named some of the major investments in the area and said they cannot live
with this problem in the heart of their business district. Told of some of the incidents he
has experienced with his business next door, which included glass windows broke and
cars left in the parking lot. Requested Council adopt a resolution and have the Liquor
Control Commission investigate their license.
           Rick Jekel, 1097 VanBuren, congratulated Councilman O’Neal on the successful
United Way Campaign. Requested that Council consider his application to be on the
STARS board.
           Sharrie Williams, 3505 W. Curtis Road, came to represent Wise Guys Bar & Grill.
She said Saginaw has experienced an ongoing gang problem on the streets, schools,
homes and businesses. Said Wise Guys tries to create an atmosphere where all cultures
are welcome but won’t be able to continue this due to the gang violence. Believes the bar
is a victim. Reported they have removed the name from the building and they will be
creating a food-oriented establishment.
           Ken Streeter, 2307 Warwick, said his family has lived 1½ blocks from Wise Guys
for 23 years. Said during recent years the bar has developed a louder, larger and more
troublesome clientele. Said he’d like to see the liquor license removed. The bar is
different from when the license was first granted. Said there is not enough parking for their
clientele and the overflow creates a safety issue. Believes his rights are being violated and
his house losing value.
568                       DECEMBER 19, 2005

          Earl Jesse, 310 S. Harrison, spoke on unfunded liabilities. Said the City keeps
postponing putting money away towards this debt. Said the unfunded liabilities in
increasing at the rate of $30,000 day. Believes if this continues in a few short years the
City will be insolvent. Said the new Council member all stated they want more police
officers on the street but haven’t figured out a way to pay for them.
          John Acklin, 3122 Fulton, complained about a traffic light on the corner of Webber
and Washington that takes too long to turn green. Also said the City is not salting the
corner at Fulton and Walcott and not salting any of the side streets.
          Johnny Sanders, 3420 Grant, said he’s been to Wise Guys and other bars.
Problems can happen anywhere, the police cannot be everywhere. The City shouldn’t be
trying to take their license. Said there has been shootings on Hamilton Street too, why
didn’t the City take their license. Said he’s not afraid to go anywhere because he knows
how to act.
                                  REMARKS OF COUNCIL
          Mayor Cottrell advised that many residents and business owners have contacted
Council about the recent shootings on December 9th. Said Saginaw City Council abhors
the violence and the City police are continuing to investigate the series of events to bring
those responsible to justice. Gave condolences to the members in the community who lost
family members or had family members injured. Said Council will dedicate all its available
resources to addressing the conditions that contributed to the senseless violence. Public
safety will always remain the first priority of the community. Advised that prior similar
incidents at other establishments were investigated. Said these types of tragedies will not
be tolerated.       (Attorney Tom Fancher was requested to come to the podium and
explain the City’s legal options.)
          Councilwoman Kitterman encouraged parents, relatives and community members
to remind children of the importance of respect for life. Wished all a happy holiday.
          Councilwoman Ham thanked the employees for their efforts in decorating and
making the City look beautiful, and all the residents who decorate their homes. Thanked
                                                                      th
the supporters of the Mayor’s Unity in Diversity held December 8 . Mentioned a mock
election held at Arthur Eddy Academy. Commended Lee Perry for the play he is producing
on violence and all who are part of the partnership with the young people. Congratulated
Mattie Thompson for her new position as School Board member. Wished all a happy
holiday and a happy and prosperous new year.
          Councilman Haynes announced that JoAnn Crary of Saginaw Future would be
                                                          th
discussing the Dephi bankruptcy at the December 28 Council meeting. Said it is very
important that the City keeps Delphi Corporation. They have over 6,800 jobs and the City
needs to keep those high paying jobs in the County. He then spoke on the crime in the
City. He said it is out of control and everyone needs to work together to come up with a
solution. Said the City needs neighborhood watch groups to form because the crime the
City is having is unacceptable.
          Councilman Wendt wished everyone a Merry Christmas and a prosperous New
Year. Said he believes this Council is looking forward to making a turn in the economy.
Said he is excited about the prospects in the City and looks forward to 2006.
                                                                            th
          Mayor Cottrell announced a meeting scheduled for January 19 at Ames United
Methodist Church for citizens interested in forming a neighborhood watch group or
restoring one that has been inactive. Said we need to remind ourselves that the gang of
                           DECEMBER 19, 2005                                           569

good citizens is bigger, there are more that care positively about the City then those who
cause harm. Wished all a Merry Christmas and Happy Holidays and thanked the
employees who do their best to make the City run as smoothly as possible given the
limited resources.

                                      PETITIONS
05-30    from Michael P. Smith, 120 North Michigan Avenue, requesting permission to
         erect banners in the 500 block of Court Street and the 200 block of West
         Genesee from December 28, 2005 through January 22, 2006 for the purpose of
         promoting the Shrine Circus. Councilman Branch moved to approve the request.
         Adopted unanimously.

          REPORTS FROM BOARDS AND COMMISSIONS AND COMMITTEES
Subject: Potter Depot Rezoning
           Planning Commission Recommendation:                The Planning Commission
recommends the zoning classification of the property known as 501 Potter Street be
changed from M-1 Light Industrial to B-2 General Business. An Ordinance has been
prepared and appears under the regular order of business.
           Justification: The Saginaw Depot Preservation Organization (SDPO), Austin &
Associates, Architects & Planners (AAAP), Wonderful Life Development (WLD) and
Neighborhood Funding Resources (NFR) have formed an LLC that will be able to bring
development partners together to restore the area and utilize the Depot for restaurants,
retail, entertainment, and housing. The current M-1, Light Industrial zoning classification
would not allow for those types of activities. Therefore, a request to rezone the property to
B-2 General Business was considered.
           A public hearing was held May 24, 2005, at 7:00 P.M. in the Council Chamber at
City Hall and notification was sent to all owners of property in the proposed district. The
Planning Commission recommended approval of the proposal to rezone the Potter Street
Depot by a unanimous vote.
           Council Action: Councilman Coulouris moved that the report from the City
Planning Commission be received and filed.
           Adopted unanimously.

         Councilman O’Neal reported on the Council Rules Committee. He advised
Council the members of the Committee would have their first meeting the second week of
January to begin the process of reviewing the rules.

           APPOINTMENT OF BOARD AND COMMISSION MEMBERS
       Mayor Cottrell recommended Councilman Coulouris be appointed to the Planning
Commission. Councilwoman Kitterman moved to approve the appointment.
       Adopted unanimously.

         Mayor Cottrell recommended Councilman Federspiel to the Saginaw County
9-1-1 Authority. Councilman Branch moved to approve the appointment.
         Adopted unanimously.
570                       DECEMBER 19, 2005

        Mayor Cottrell then mentioned the Boards and Commissions Committee. She
stated Councilman Haynes was the current Chairperson however the committee needed
two additional appointments.      She recommended Councilman Federspiel and
Councilwoman Kitterman for a 6-month term. Councilman O’Neal moved to approve the
appointments.
        Adopted unanimously.

                           REPORTS FROM CITY MANAGER
Management Update
         Interim City Manager Darnell Earley again requested that Council provide him
with some feedback on what they expect to accomplish in the upcoming Strategic Planning
                                                                   th     th
Session. He advised them the dates had been set for January 6 and 7 at Saginaw
Valley State University. He then introduced the members of the Labor Management
Leadership Team (LMLT). Rich LaBombard, President of LMLT, gave a brief update on
the team’s activities in 2005. Andre Borrello, of Gilbert Smith & Borrello PC, updated
Council on the water contract negotiations. City Attorney Tom Fancher answered
questions from Council on the process for revoking a liquor license.

Recommended Actions
Subject: Purchase of Equipment from Michigan Taser
          Manager’s Recommendation: I recommend that the Saginaw Police Department
(SPD) be authorized to use $10,200.00 from the General Fund as an up front payment to
purchase tasers until the Justice Assistance Grant (JAG) Program reimburses the City
100% as stated in the grant documents. Further, that a purchase order be issued to
Michigan Taser in the amount of $10,200.00.
          This vendor meets all requirements of the Contract Compliance Provisions, Title
1, Chapter 14, §14.35-14.44, of the Saginaw Code of Ordinances.
          Funding for the up front payment would come out of the General Fund Police
Department Parts and Supplies, Account No. 101-3012-721-7330.
          Justification: The JAG Program allows states and local governments to support a
broad range of activities to prevent and control crime and to improve the criminal justice
system. In September 2005, the SPD was awarded $10,200.00 from the JAG Program to
purchase tasers. The grantee agrees to provide the up front payment, which is reimbursed
100% by the JAG Program upon receipt of the weapons. Purchasing the tasers furthers
the SPD’s primary purpose that the tasers be used by law enforcement personnel as a
form of less than lethal force. Tasers have proven to reduce injuries not only to suspects,
but also to officers when confronting and taking into custody violent individuals.
          The SPD would like to purchase twelve (12) tasers at a cost of $799.95/each,
sixteen (16) XP cartridges at a cost of $21.97/each and a shipping charge. The grand total
is $10,200.00.
          Council Action: Councilwoman Ham moved that the recommendation of the City
Manager be approved.
          Adopted unanimously.

Subject: Cisco Catalyst Network Switch
         Manager’s Recommendation: I recommend acceptance of the low bid and
                            DECEMBER 19, 2005                                              571

issuance of a purchase order to I.O.S Consulting in the amount of $3,531.00 for the
purchase of a network switch to be used by the Public Services Department/GIS Division.
         This vendor meets all requirements of the Contract Compliance Provisions, Title
1, Chapter 14, §14.35-14.44, of the Saginaw Code of Ordinances.
         Funds for this purchase is available in the GIS Capital Outlay Account No 650-
1738-781-9760.
         Justification: On November 1, 2005, the City received bids for a Cisco Catalyst
10/100/1000 Ethernet network switch. The Public Service/GIS Division stores large
amounts of City and County spatial and tabular data on it’s GIS server, located in the IS
computer room. The network switch would allow large amounts of data to be transferred
from the GIS server to the Public Services building allowing work flow to be much more
responsive. The following is a tabulation of the bids that were received:

         I.O.S Consulting                                  $3,531.00
         Hanover, MI

         Computer Management Technologies                  $3,869.00
         Saginaw, MI (In City)

         Netsource One                                     $4,086.00
         Saginaw, MI (Out City)

         Smart Solutions                                   $4,240.36
         Southfield, MI

         Telecom Technicians                               $4,777.58
         Sterling Heights, MI

       Council Action: Councilwoman Ham moved that the recommendation of the City
Manager be approved.
       Adopted unanimously.

Subject: Miss Dig System Annual Membership Fee
           Manager’s Recommendation: I recommend a purchase order be approved and
issued to the Miss Dig System in the amount of $3,785.04 for the annual membership fee.
           This vendor meets all the requirements of Contract Compliance Provisions, Title
1, Chapter 14, §14.35 – 14.44, of the Saginaw Code of Ordinances.
           Funds for are available in the Water and Sewer Operation Account Nos. 591-
4721-861-8067 ($946.26), 590-4821-861-8067 ($946.26) and information Services
Account 658-1720-711-8067 ($1,892.52).
           Justification: The City of Saginaw participates in a one-call staking center
hereinafter referred to as the Miss Dig System. The Miss Dig System is a one-notification
call center for underground excavating. The System notifies other utilities of our intent to
dig and when they intend to dig in the vicinity of the City’s utilities, thereby requiring the
owner of that utility to stake/flag the location of that utility for other’s to prevent damage to
the utility.
572                       DECEMBER 19, 2005

       Council Action: Councilwoman Ham moved that the recommendation of the City
Manager be approved.
       Adopted unanimously.

Subject: Emergency Purchase of a 10” Turbo Cold Water Meter
           Manager’s Recommendation: I recommend that payment be made to Hydro
Meter in the amount of $7,772.38 for the emergency purchase of a 10” Turbo Cold Water
Meter to be used by the Maintenance and Service Division.
           This Vendor meets all requirements of Contract Compliance Provisions, Title 1,
Chapter 14, § 14.35 - 14.44, of the Saginaw Code of Ordinances.
           Funds for this purchase are available in Water Parts Operation Account 591-
4720-861.73-30
           Justification: Buena Vista Township is constructing a new 20” water main in
conjunction with Delphi to service the Township and the Delphi Plant on Holland. Plans
call for a 10” Meter Station to service this new connection to Buena Vista along with a firm
start date of the first week in December. A check of the inventory revealed that the
Maintenance and Service Division did not have a 10” meter in stock thus necessitating the
emergency purchase of a 10” Turbo Cold Water Meter.
           Council Action: Councilwoman Ham moved that the recommendation of the City
Manager be approved.
           Adopted unanimously.

Subject: Replacement MXU’S For Radio Reading Select Coldwater Meters
         Manager’s Recommendation: I recommend the quote from Etna Supply be
accepted and a purchase order be issued to them in the amount of $15,000.00 for the
purchase of Radio Reading Select Coldwater Meters to be used by the Maintenance and
Service Division.
         This vendor meets all the requirements of Contract Compliance Provisions, Title
1, Chapter 14, §14.35 – 14.44, of the Saginaw Code of Ordinances.
         Funds for this payment are available in the Water and Sewer Meter Parts and
Supplies Account Nos. 591-4721-861 73-30 and 590-4821-861 73-30.
         Justification: The MXU is an interface between the cold-water meter and the
electronic equipment in the newer style meters available today. A cost comparison shows
no increase since the previous purchase.
         Etna Supply is the only source for this equipment.
         Council Action: Councilwoman Ham moved that the recommendation of the City
Manager be approved.
         Adopted unanimously.

Subject: Cathodic Protection Installation and Assessment
         Manager’s Recommendation: I recommend acceptance of the sole bid and
issuance of a purchase order to Corr Pro Companies, Inc., Chicago, IL in the amount of
$30,135.00 for3,719.00 installation and assessment of cathodic protection systems for the
Water Treatment and Maintenance and Service Divisions.
         This vendor meets all requirements of the Contract Compliance Provisions, Title
1, Chapter 14, §14.35-14.44, of the Saginaw Code of Ordinances.
                            DECEMBER 19, 2005                                             573

          Funds for this service are available in the Water Treatment Account No. 591-
4730-861-9720 ($26,500.00) and Maintenance and Service Account No. 591-4721-861-
9741 ($3,635.00).
          Justification: On November 1, 2005, the City of Saginaw received one bid for
services to be performed involving the installation and assessment of cathodic protection
systems for the Water Treatment and Maintenance and Service Divisions. Work for the
Water Treatment Division includes installation of cathodic protection systems in the ground
storage reservoirs at the Gratiot and Aqua Booster Stations. The work for the Maintenance
and Service Division includes the assessment of an existing cathodic protection system
used to protect a water main that crosses under the Saginaw River. Cathodic protection
systems use an induced electrical charge and sacrificial anodes to protect metallic
components from deterioration due to corrosion. This protection extends the life of the
associated metallic equipment and provides for more efficient use of the existing
infrastructure. This effectively reduces the capital outlay necessary for repair and
replacement.
          Council Action: Councilwoman Ham moved that the recommendation of the City
Manager be approved.
          Adopted unanimously.

Subject: Amendment to Saginaw Transit Authority Regional Services Parking Lease
Agreements for Lots Number 4 and 23
         Manager’s Recommendation: I recommend that the amendments to Saginaw
Transit Authority Regional Services (STARS) parking lease agreements for Lot Number 4
and Lot Number 23 be approved. They have been approved by me as to substance and
the City Attorney as to form.
         Justification: On October 24, 2005, City Council approved two parking lease
agreements with STARS to lease spaces in Lot Number 4 and Lot Number 23. Saginaw
Transit Authority Regional Services has requested that Section Four in each of these
agreements be amended to state that the City will provide STARS 60 day notice prior to
any increase in the monthly parking rate. The terms for the original parking lease
agreements are for one year.
         Council Action: Councilwoman Ham moved that the recommendation of the City
Manager be approved.
         Adopted unanimously.

Subject: City of Saginaw Social Security Privacy Act Policy
          Manager’s Recommendation: It is recommended that the City of Saginaw adopt a
Social Security Privacy Act Policy as required by state law.
          Justification: Submitted for your approval is the City of Saginaw’s Social Security
Privacy Act Policy. This year, the Michigan Legislature enacted the Social Security Privacy
Act, MCL 445.81 through 445.87. The state legislature enacted the Act to combat the
incidents of identity theft that have significantly risen in this state. The Act states that any
organization that obtains social security numbers must create a privacy act that protects
the numbers from unlawful disclosure. In addition, the policy must be published in either
an employee handbook or procedures manual. Further, the policy must be adopted no
later than January 1, 2006.
574                       DECEMBER 19, 2005

       Council Action: Councilwoman Ham moved that the recommendation of the City
Manager be approved.
       Adopted unanimously.

                            CITY OF SAGINAW
            POLICY AND PROCEDURE REGARDING USE, DISCLOSURE
                AND DISPOSAL OF SOCIAL SECURITY NUMBERS

1.       Purpose.

The City of Saginaw (City) is required by the Michigan Social Security Privacy Act (Privacy
Act) to control how it obtains, uses, disseminates and disposes of records which contain
social security numbers. The Privacy Act also requires the City to establish, publish and
enforce a policy regarding the use, disclosure and disposal of records which it creates or
obtains in the course of its business and which contain social security numbers. This
Policy and Procedure sets forth the City’s requirements for how such information is
gathered, disclosed and disposed.

2.       Policy.

It is the policy of the City that social security numbers obtained from employees, vendors,
contractors, customers or others are confidential information. The purpose of the City’s
policy is to protect the confidentiality of social security numbers. Such numbers will be
obtained, retained, used and disposed of only for legitimate business reasons and in
accordance with the law and this Policy and Procedure. No person shall knowingly
acquire, disclose, transfer or unlawfully use the social security number of any employee or
other individual unless in accordance with applicable state and federal law and the
procedures established by this Policy.

3.       Procedure.

A.       Social Security Number Definition:

As used in this Policy and Procedure, social security number includes both the entire nine
digit number and more than four sequential digits of the number.

B.       Public Display of Social Security Numbers:

Social security numbers shall not be placed on identification cards or badges, membership
cards, permits, licenses, time cards, employee rosters, bulletin boards or any other
materials or documents that are publicly displayed. Documents, materials or computer
screens that display social security numbers or other sensitive information shall be kept
out of public view at all times.
                         DECEMBER 19, 2005                                           575

C.      Obtaining Social Security Numbers:

Documents or other records containing social security numbers are to be requested,
obtained, or created for legitimate business reasons. Such reasons include, but are not
limited to:

        1.       Applicants may be required to provide a social security number for
                 purposes of a pre-employment background check.

        2.       Copies of social security cards may be obtained for purposes of
                 verifying employee eligibility for employment in accordance with the
                 Immigration Reform and Control Act.

        3.       Social security numbers may be requested from employees for tax
                 reporting purposes (e.g., IRS Form W-4), for new hire reporting, or for
                 purposes of enrollment in the City’s employee benefit plans.

         4.      Social security numbers or other tax identifying numbers may be
obtained from contractors or vendors for tax-reporting purposes (e.g. IRS Form 1099).

D.      Mailed or Transmitted Documents:

Documents containing social security numbers shall only be mailed or transmitted in the
following circumstances:

        1.       A State or Federal law, rule, Regulation or court order or rule
                 authorizes, permits or requires that a social security number appear
                 in the document.

        2.       The document is sent as part of an application or enrollment process
                 initiated by the individual whose social security number is contained in
                 the document.

        3.       The document is sent to establish, confirm the status of, service, amend
                 or terminate an account, contract, policy, or employee benefit or to
                 confirm the accuracy of a social security number of an individual who
                 has an account, contract, policy or employee benefit.

        4.       The document or information is a copy of a vital record recorded as
                 provided by law and is mailed to a person entitled to receive that record.

        5.       The document or information is mailed by or at the request of an
                 individual whose social security number appears in the document or
                 information or his or her parent or legal guardian.

Documents containing social security numbers that are mailed or otherwise sent to an
576                        DECEMBER 19, 2005

individual shall not reveal the number through the envelope window, nor shall the number
be otherwise visible from outside the envelope or package.

Social security numbers shall not be sent over the internet or a computer system or
network, (i.e. – email) unless the connection is secure or the transmission is encrypted.
No individual shall be required to use or transmit his or her social security number over the
internet or a computer system, or to gain access to an internet website, computer system
or network (i.e. – email) unless the connection is secure, the transmission is encrypted or a
password or other unique personal identification number or other authentication device is
required to gain access to the internet website or computer system or network.

E.       Retention and Access to Social Security Numbers:

         1.        All records containing social security numbers (whether partial or
                   complete) will be maintained in secured files.

         2.        All paper records containing social security numbers will not be released
                   pursuant to Section 15.243(1)(w) of the Freedom of Information Act.

         3.        Only personnel who have a legitimate business reason and authorized
                   by the department head, will have access to records containing social
                   security numbers. Specifically:

                   (a)      Employees whose jobs entail regular access to records
                            containing social security numbers will be trained in the legal
                            requirements and the requirements of this Policy and
                            Procedure

                   (b)      Where a record containing a social security number is to be
                            disseminated to either persons within and outside the
                            organization, who are not authorized or trained in this Policy
                            and Procedure or where the social security number is not
                            relevant to the purpose for which the record is being shared,
                            the social security number must be redacted.

         4.        Employees using records containing social security numbers will take
                   appropriate steps to secure such records when not in immediate use.
                   Such steps may include:

                   (a)      Placing such records in a locked desk or file drawer when not
                            in use.

                   (b)      Using password protection or screen savers on computers and
                            computerized records to prevent unauthorized access to or
                            viewing of such records by others.
                            DECEMBER 19, 2005                                          577

         5.         Inactive records containing social security numbers will be retained in
                    accordance with the requirements of state and federal laws and then
                    destroyed in a manner that continues to ensure their confidentiality. For
                    purposes of this Policy and Procedure, “inactive records” are those
                    where there is no longer a current employee, customer, supplier, or
                    contractor relationship.

F.       Unauthorized Use/Disclosure of Social Security Numbers:

Any employee who obtains, uses or discloses social security numbers for unauthorized
purposes or contrary to the requirements of this Policy and Procedure shall be subject to
discipline up to and including discharge. The City will cooperate with appropriate law
enforcement or administrative agencies in the apprehension and prosecution of individuals
who obtain, use or disclose social security numbers for unlawful reasons.

G.       Disposal of Records that Contain Social Security Numbers:

All documents or files that contain social security numbers will be stored in a physically
secure manner. Records that contain social security numbers will be disposed of in a
secure environment. They shall not be thrown away in the trash. The records will be
disposed in a manner that protects their confidentiality, such as shredding. All documents
containing social security numbers will be disposed of in accordance to the City’s Record
Retention Schedule.

         Effective Date:     December 19, 2005

                                     CITY OF SAGINAW
                              EMPLOYEE HANDBOOK INSERT
              Social Security Privacy Act Policy Regarding The Use, Disclosure
                         And Disposal of Social Security Numbers

          The City of Saginaw obtains and uses a variety of confidential information in the
conduct of its business. This includes documents and other records containing social
security numbers. Any and all documents and records containing social security numbers
must be obtained, used and disclosed only for legitimate business reasons. Such
documents and records must also be treated as confidential, which means they must be
retained in secured areas or files, password protected when stored on computers,
disclosed only to authorized persons, and destroyed at an appropriate time and in an
appropriate manner consistent with the City of Saginaw’s policies and procedures and
other legal requirements.

         Employees who obtain, use or disclose social security numbers for improper
reasons, are subject to discipline up to and including discharge, as well as potential
criminal or civil prosecution. For additional information, please see your supervisor, the
City Manager or the City of Saginaw Social Security Privacy Policy regarding the use and
disclosure of social security numbers.
578                       DECEMBER 19, 2005


Subject: 2006 Regular Council Meeting Schedule
         Manager’s Recommendation: I recommend the 2006 calendar year schedule for
regular meetings of the Council be adopted.
         Justification: The 2006 schedule is established in accordance with the Saginaw
City Charter and posted in compliance with requirements of Act 267, P.A. 1976. Following
are the proposed dates:

         JANUARY                    9 AND 23
         FEBRUARY                   6 AND 20
         MARCH                      6 AND 20
         APRIL                      3 AND 17
         MAY                        1, 15 AND 22*
                                    (Due to Memorial Day Holiday)
         JUNE                       5, 19 AND *26
                                                  th
                                    (Due to July 4 Holiday)
         JULY                       10 AND 24
         AUGUST                     7, 21 AND *28
                                    (Due to Labor Day Holiday)
         SEPTEMBER                  11 AND 25
         OCTOBER                    9 AND 23
         NOVEMBER                   6 AND 20
         DECEMBER                   4, 18 AND 27* (Wednesday)
                                    (Due to New Year’s Day Holiday in 2007)

         Regular meetings occur on Monday evening at 6:30 p.m. Student Government
Day (which will be announced) begins at 12:00 noon.
         The Charter of the City of Saginaw (Chapter IV, Legislation, Regular Meetings,
Section 18) states in part, Regular meetings shall be held at least once every two (2)
weeks. To comply with this provision a meeting is being held consecutively because a
holiday conflicts with the biweekly schedule to be maintained.
         Council Action: Councilwoman Ham moved that the recommendation of the City
Manager be approved.
         Adopted unanimously.

         All City Manager recommendations to this point were adopted by general consent.
The following was considered after discussion.

Subject: Dehumidifier Purchase
         Manager’s Recommendation: I recommend acceptance of the low bid and
issuance of a purchase order to Therma-Stor LLC in the amount of $2,760.00 for the
purchase of a dehumidifier to be used by the Water Treatment Plant.
         This vendor meets all requirements of the Contract Compliance Provisions, Title
1, Chapter 14, §14.35-14.44, of the Saginaw Code of Ordinances.
         Funds for this item is available in the Water Operations and Maintenance Account
No. 591-4730-861-9720.
                           DECEMBER 19, 2005                                           579

         Justification: On November 1, 2005, the City received three bids for the purchase
and delivery of one HI-E Dry Model 195 Portable Dehumidifier. Portable dehumidifiers are
used to dry the air in critical areas of the Water Treatment Plant. Dry air helps control
corrosion and reduces equipment failure in these areas. Similar models were purchased
in 2004 and the price reflects a 1.5% increase since the last purchase. Following is a
tabulation of the bids received:

         Therma-Stor LLC                       $2,760.00
         Madison, WI

         Northern Industrial Supply            $2,818.00
         Bay City, MI

         Evans Equipment Co.                   $2,862.00
         City, MI

       Council Action: Councilman Wendt moved that the recommendation of the City
Manager be approved.
       Adopted unanimously.

Subject: O’Neill, Wallace & Doyle, P.C. Agreement
          Manager’s Recommendation: I recommend approval of the Agreement for
Professional Legal Services with O’Neill, Wallace & Doyle, P.C. This contract is subject to
approval by the City Manager as to substance and the City Attorney as to form.
          Justification: The City is involved in a lawsuit brought by Karen Lawrence
Webster, regarding the circumstances of her termination in August 2004. The Complaint
was filed on February 8, 2005 in federal court against the City. The City is represented in
this matter by attorney John Decker of the law firm of Braun Kendrick Finkbeiner, PLC. On
November 29, 2005, Ms. Webster was granted leave to file, and did file, an Amended
Complaint, adding Cecil Collins and Deborah Kimble as additional individual Defendants.
The City and Cecil Collins believe that there may be a potential conflict of interest between
them in the manner of, and decisions regarding representation in the lawsuit. To resolve
this problem, Collins and the City propose to engage separate counsel for Mr. Collins in
this matter. Mr. Collins has proposed and the City has approved the selection of Terence
J. O’Neill of the local law firm of O’Neill, Wallace & Doyle, P.C. for this task.
          Mr. O’Neill will cooperate with Mr. Decker in presenting a joint defense to the
lawsuit. The rate of compensation for O’Neill, Wallace & Doyle, P.C. will be $120 per hour.
 The expenses of representation and potential liability for all parties will be borne by the
City, through its self-insurance fund, until the Self Insurance Retention (“SIR”) of $150,000
is exhausted. After that point is reached, if it is, then the insurance carrier, Genesis
Insurance will be responsible for payments.
          Council Action: Councilman O’Neal moved that the recommendation of the City
Manager be approved.
          Adopted unanimously.
580                        DECEMBER 19, 2005

                            INTRODUCTION OF ORDINANCES
Subject: Amendments to Parking Ordinance
          Manager’s Recommendation: I recommend that the amendments to Section
72.55, “Parking Violations Bureau” and Section 72.99, “Penalties” both of Chapter 72
“Parking Regulations” of Title VII “Traffic Regulations” of the Saginaw Code of Ordinances
O-1 be approved. An Ordinance has been prepared and appears under the regular order
of business.
          Justification: This amendment is made to simplify and clarify the procedure for
processing parking violation notices and citations. It is also designed to work more closely
with the state system in locating owners and to make the enforcement and collection of
fines more prompt and efficient.
          The fines have been adjusted accordingly. Instead of three separate increases in
the fees, there will be one increase after ten business days. The total of the fines and fees
will, however, remain the same except for Handicapper violations. This fine has been
increased from Fifty Dollars and 00/100 ($50.00) to One Hundred and Twenty-Five Dollars
and 00/100 ($125.00). The State statute, MCL 257.907(2) requires that such Handicapper
violations have fees of a minimum of One Hundred Dollars and 00/100 ($100.00) and a
maximum of Two Hundred and Fifty Dollars and 00/100 ($250.00).
          The standard for attaching an immobilization device has been narrowed to the
situation where the owner has more than five unpaid parking citations, consistent with the
state standards. MCL 257.606(1)(d). That was the only criteria actually used by the City in
any case.
          Council Action: This Council Communication is being submitted to explain the
ordinance to be introduced in a subsequent portion of the agenda.


         Councilwoman Ham introduced an ordinance entitled and reading as follows:

AN ORDINANCE TO AMEND § 72.55 “PARKING VIOLATIONS BUREAU” AND § 72.99
“PENALTIES” BOTH OF CHAPTER 72 “PARKING REGULATIONS” OF TITLE VII
“TRAFFIC REGULATIONS” OF THE SAGINAW CODE OF ORDINANCES O-1.

         Adopted unanimously. Laid over under the Charter provision.



         Councilman Branch introduced an ordinance entitled and reading as follows:

AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION OF CERTAIN PROPERTY
LOCATED SPECIFICALLY AT THE PROPERTY KNOWN AS 501 POTTER ST.

         Adopted unanimously. Laid over under the Charter Provision.
                           DECEMBER 19, 2005                                          581


                CONSIDERATION AND PASSING OF ORDINANCES
        Councilwoman Ham moved that an ordinance introduced July 25, 2005, entitled
and reading as follows, be taken up and enacted:

                                           O-41

AN ORDINANCE TO AMEND §33.02, “COMPUTATION OF TAXABLE INCOME” OF
CHAPTER 33, “TAXATION AND ASSESSMENT” OF TITLE III, “ADMINISTRATION,” OF
THE SAGINAW CODE OF ORDINANCES, O-1.

The City of Saginaw Ordains:

        Section 1. §33.02, “Computation of Taxable Income,” of Chapter 33, “Taxation
and Assessment,” of Title III, “Administration,” of the Saginaw Code of Ordinances, O-1, is
hereby amended and shall read as follows:

         § 33.02 Computation Of Taxable Income

          (A) For tax years beginning prior to 1989, an individual taxpayer in computing his
or her taxable income is allowed a deduction of six hundred dollars ($600.00) for each
personal and dependency exemption under the rules for determining exemptions and
dependents as provided by the Federal Internal Revenue Code. The taxpayer may claim
his or her spouse and dependents as exemptions, but if the taxpayer and spouse are both
subject to the tax imposed by this subchapter, the number of exemptions claimed by each
of them when added together may not exceed the total number of exemptions allowed
under this subchapter.
          (B) For tax years beginning after 1988 and prior to 2005, an individual taxpayer
in computing his or her taxable income is allowed deductions of one thousand dollars
($1,000.00) for each personal and dependency exemption under the rules for determining
exemptions and dependents as provided in the Federal Internal Revenue Code. The
taxpayer may claim his or her spouse and dependents as exemptions, but if the taxpayer
and spouse are both subject to the tax imposed by this subchapter, the number of
exemptions claimed by each of them when added together may not exceed the total
number of exemptions allowed under this subchapter. For a taxpayer, or the taxpayer’s
spouse, who is sixty–five (65) years of age or older, or who is blind as defined in Section
504 of the Income Tax Act of 1967, 1967 PA 281, being MCL 206.504, one (1) additional
exemption is allowed under this section; or if the taxpayer, or the taxpayer’s spouse, is
both sixty-five (65) years of age or older and blind, two (2) additional exemptions are
allowed under this section.
          (C) For tax years beginning after 1988 and prior to 2005, an exemption in the
amount of one thousand dollars ($1,000.00) is allowed to a person with respect to whom a
deduction under Section 151 of the Internal Revenue Code is allowable to another federal
taxpayer during the tax year and is therefore not considered to have a federal personal
exemption under divisions (A) and (B) of this section.
          (D) For tax years beginning after 2004, an individual taxpayer in computing his or
582                         DECEMBER 19, 2005

her taxable income is allowed deductions of seven hundred fifty dollars ($750.00) for each
personal and dependency exemption under the rules for determining exemptions and
dependents as provided in the Federal Internal Revenue Code. The taxpayer may claim
his or her spouse and dependents as exemptions, but if the taxpayer and spouse are both
subject to the tax imposed by this subchapter, the number of exemptions claimed by each
of them when added together may not exceed the total number of exemptions allowed
under this subchapter. For a taxpayer, or the taxpayer’s spouse, who is sixty–five (65)
years of age or older, or who is blind as defined in Section 504 of the Income Tax Act of
1967, 1967 PA 281, being MCL 206.504, one (1) additional exemption is allowed under
this section; or if the taxpayer, or the taxpayer’s spouse, is both sixty-five (65) years of age
or older and blind, two (2) additional exemptions are allowed under this section.
          (E) For tax years beginning after 2004, an exemption in the amount of seven
hundred fifty dollars ($750.00) is allowed to a person with respect to whom a deduction
under Section 151 of the Internal Revenue Code is allowable to another federal taxpayer
during the tax year and is therefore not considered to have a federal personal exemption
under divisions (A) and (B) of this section.

         Section 2.     This ordinance shall take effect on December 29, 2005.
         Enacted:       December 19, 2005.

         Adopted unanimously.

                                     RESOLUTIONS
         RESOLUTION APPROVING APPOINTMENT OF CITY OF SAGINAW
   CONSTITUENT MEMBER AND ALTERNATE CONSTITUENT MEMBER TO THE
             MID MICHIGAN WASTE AUTHORITY BOARD OF TRUSTEES
          Councilman Haynes offered and moved adoption of the following resolution:
          WHEREAS, the City of Saginaw has previously joined the Mid Michigan Waste
Authority (Authority) and is a constituent municipality pursuant to the articles of
incorporation adopted by the Authority; and
          WHEREAS, each constituent municipality is required to periodically designate a
          constituent member and alternate constituent member to serve on the Authority
          Board of Trustees; and
WHEREAS, the appointed constituent member and alternate constituent member will
serve a four (4) year term from January 1, 2006 through January 1, 2010, or until otherwise
replaced by the Saginaw City Council.
          NOW, THEREFORE BE IT RESOLVED, that the Saginaw City Council approve
the appointment of Thomas Darnell as constituent member and John Holys as alternate
constituent member to the Mid Michigan Waste Authority Board of Trustees, as
representatives for the City of Saginaw.
          Adopted unanimously.

Subject: Liquor License for 110 S. Hamilton
         Manager’s Recommendation: I recommend approval to transfer stock in a 2005
Class C Licensed Business with Dance-Entertainment Permit for 110 S. Hamilton.
         Justification: TET, Inc. requests to transfer stock in a 2005 Class C Licensed
                           DECEMBER 19, 2005                                           583

Business with Dance-Entertainment Permit, located at 110 S. Hamilton, Saginaw, MI
48602, Saginaw County, by dropping Alvada E. Wood as stockholder through transfer of
her 5,000 shares of stock to new stockholder, Thomas Lee Wood.
          The Saginaw County Health Department, City of Saginaw Fire Prevention and the
City Building Inspections Division have approved this transfer.
          Council Action: This Council Communication is for informational purposes only to
explain the Resolution in the subsequent part of the agenda.

       RESOLUTION TRANSFERRING LIQUOR LICENSE FOR 110 S. HAMILTON
          Councilwoman Ham offered and moved adoption of the following resolution:
          WHEREAS, on or about October 10, 2005, the City Clerk’s Office received a
Local Approval Notice from the State of Michigan Liquor Control Commission; and
          WHEREAS, said notice advised that TET, Inc. had applied to transfer stock in a
2005 Class C Licensed Business with Dance-Entertainment Permit, located at 110 S.
Hamilton, Saginaw, Michigan, 48602, Saginaw County, by dropping Alvada E. Wood as
stockholder thru transfer of her 5,000 shares of stock to new stockholder, Thomas Lee
Wood; and
          WHEREAS, the Saginaw County Health Department, City of Saginaw Fire
Prevention and the City Building Inspections Division have approved 110 S. Hamilton for
this transfer.
          NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of
Saginaw by this Resolution does hereby approve the transfer of stock of the 2005 Class C
Licensed Business with Dance-Entertainment permit, located at 110 S Hamilton Street,
Saginaw, Michigan, 48602, Saginaw County, by dropping Alvada E. Wood as stockholder
thru transfer of her 5,000 shares of stock to new stockholder, Thomas Lee Wood.
          Adopted unanimously.

          RESOLUTION APPROVING AMENDMENT AND RESTATEMENT OF
                        STARS ARTICLES OF INCORPORATION
          Councilwoman Ham offered and moved adoption of the following resolution:
          WHEREAS, the Board of Directors of the Saginaw Transit Authority Regional
Services, which uses the acronym: “STARS”, wishes to amend and restate its Articles of
Incorporation to make them consistent with its current practices and current composition of
its Board of Directors; and
          WHEREAS, Article XII of the current, and proposed, Articles of Incorporation
require that any amendment of the Articles of Incorporation require approval by a majority
of the City Council of the City of Saginaw.
          NOW, THEREFORE, BE IT RESOLVED that the STARS Articles of Incorporation
be amended and restated as set forth in the attached document.
          BE IT FURTHER RESOLVED that the Chairperson of STARS Board of Directors
is authorized to execute any and all documents to carry out this resolution, including filing
of Amendments to STARS Articles of Incorporation with the appropriate offices.
          BE IT FURTHER RESOLVED, that approval of the above amendment is
contingent upon STARS paying all costs related to properly amending the Articles of
Incorporation under law.
          Adopted unanimously.
584                        DECEMBER 19, 2005


                              UNFINISHED BUSINESS
        Councilman Coulouris moved to leave the motion to discontinue usage of cell
phones and laptops for Council on the table.
        Adopted unanimously.

                      MOTIONS AND MISCELLANEOUS BUSINESS
Subject: Plunkett & Cooney, P.C. Agreement.
          Recommendation: The City Attorney recommends approval of the Agreement for
Professional Legal Services with Plunkett & Cooney, P.C. and authorization to execute this
agreement.
          This contract is subject to approval by the City Manager as to substance and the
City Attorney as to form.
          Justification: Former City Manager Cecil Collins filed a lawsuit on November 9,
2005 against Mayor Pro Tem Wilmer Ham, Mayor Carol Cottrell and Interim City Manager
Darnell Earley. The City was not named as a party. The Mayor and Mayor Pro Tem were
sued for actions taken in their capacity as Council members and officers, and the City has
an obligation to provide a defense and indemnity to them. The City has agreed in the
recent employment contract to provide a legal defense and indemnity to the Interim City
Manager. The three Defendants have agreed to use attorney H. William Reising of the law
firm of Plunkett & Cooney, P.C. to represent them in this matter.
          They do not anticipate any conflict of interest that would necessitate having
separate counsel.
          The City of Saginaw has filed an insurance claim with Genesis Insurance, but the
City is responsible for paying the initial $150,000 in Self Insured Retention (“SIR) for both
defense costs and indemnity. If the payments exceed this amount, the City will seek
reimbursement from Genesis. The rate of compensation to Plunkett & Cooney, P.C. will
be at $135 per hour.
          Council Action: Councilman Federspiel moved that the recommendation from the
City Attorney be approved.
          Adopted unanimously with the exception of Mayor Cottrell and Mayor Pro Tem
Ham who abstained from voting on this item.


         Mayor Cottrell requested all Council members be prepared at next Wednesdays’
meeting to discuss the City Manager search so they can move the process forward.



         At 8:33 p.m., Councilman Federspiel moved to adjourn the meeting.
         Adopted unanimously.



Diane M. Herman
City Clerk

								
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