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					                               JULY 14, 2003                                     249

REGULAR MEETING OF THE COUNCIL OF THE CITY OF SAGINAW, MICHIGAN,
HELD MONDAY, JULY 14, 2003 AT 6:30 P.M. IN THE COUNCIL CHAMBER OF THE
CITY HALL.

         Mayor Ham offered a prayer and led the pledge of allegiance.

         Mayor Ham called the meeting to order. The following Councilpersons were
present: Browning, Coleman, Cottrell, Coulouris, Haynes, Seals, Soza, Thurin and
Mayor Ham -9.
                                   ***************
         Attending the Committee of the Whole meeting held at 5:15 p.m. were
Councilpersons Browning, Coleman, Cottrell, Coulouris, Haynes, Soza, Thurin, Mayor
Ham, and Mayor Pro Tem Seals, Chair. Tom Miller, Economic Development
Consultant, presented information on the Dangerous Building Ordinance.

                                    ***************
                 CORRECTION AND APPROVAL OF MINUTES
         The minutes of the regular meeting held June 30, 2003 were approved.

                             PERSONAL APPEARANCES
          Jack Schmidt, 821 Congress, expressed his discontent with an employee
demotion, fire personnel attending another party, not enough police patrolling the
streets, and the use of City vehicles during lunch hours.
          Edna Webb, 3259 Livingston, complained about high water bills, the lack of
community policing and inspection of homes. She also stated police need to be more
visible due to the increase in gang activity.
          Earl Jesse, 310 S. Harrison, commented on the decline in population, the
future possibility of pensions exceeding the number of current employees, and
unfunded liabilities.
           Ivan Scott, 4080 W. Crossings, spoke on the issue of truancy and the lack of
police action.

                                REMARKS OF COUNCIL
           Councilwoman Seals addressed Mr. Scott’s concerns regarding the police, but
stated two-thirds of the budget is spent on public safety. The citizens spoke when they
did not lift the tax cap and have therefore chosen to live within these limitations. She
asked about the possibility of pursuing the owners of condemned properties to bear the
cost of tearing them down. Noted that another Committee of the Whole is needed to
further explore the issue.
           Councilwoman Thurin reported on the recent precinct consolidation and
advised that new voter identification cards should be in the mail by the end of July.
There will also be education on the new voting procedure. Stated she looks forward to
addressing the process of handling DBO’s and asked the Manager to put the process
on paper. She addressed safety of the community and noted that everyone is
overworked and underpaid.
250                            JULY 14, 2003

The Police Department needs to be held accountable for taking appropriate action
when needed. Protection of the community is important.
           Councilman Browning commented he received a complaint about rental units
being used as boarding houses, and asked for a report on the legality of this issue.
Regarding public safety, he wanted it noted he is not opposed to firemen being taken
home on their last day, but employees should look at what is done in view of citizens.
Also mentioned how well the City’s restrictor plates are working to stop an overflow and
massive release into the sewer system.
           Councilman Soza asked for a Committee of the Whole to discuss the
unfunded liability situation to let citizens know how it is going to be managed.
Mentioned an upcoming Korean Veterans Association/G.I. Forum to be held July 27,
2003. Asked to meet with staff to discuss parks and facilities. Inquired as to who is
liable for accidents on Davenport Avenue/State Street since it is a state highway within
the city limits.
           Councilman Coleman reminded citizens that police are only one part of the
overall process. Commended area churches for getting involved in community
activities. Reminded citizens Council cannot get involved in all concerns brought
before them such as personnel issues. Asked that out of respect for families, police try
to expedite the crime scene process. Commented on the Friday Night Live series and
congratulated Tom Fancher for his appointment as City Attorney.
           Councilwoman Cottrell noted that the Riverfront Committee will not be meeting
in July. Informed Council the bidding process was delayed (correction made 7/28/03
meeting) regarding the dock proposals. Commented on the fireworks and stated it is
one time that the city can come together as a whole. She thanked TV-5, the community
and applauded the generosity of those who support the fireworks financially, especially
those in outlying areas. Mayor Ham added her appreciation for community support of
the fireworks and noted the beautiful display.
           Councilman Coulouris challenged Councilman Browning to a double-or-
nothing bet on who can raise the most money for the fireworks display next year.
Commented on the DBO process agreeing that a new policy needs to be drafted and
that he is not a proponent of business development only, but also of residential
development. A discussion needs to be held regarding gateways to the city,
concentrated blight, sparse blight, areas where residential and business districts meet,
and neighborhood viability.
           Councilman Haynes commented on the Visiting Physicians program for senior
citizens available from 9:00 a.m. – 5:00 p.m. Services covered by Medicare and private
insurance.
           Mayor Ham noted she is proud to serve as Mayor. Commented on crime in
the community and the need for parents to be more concerned with their children’s
whereabouts. Extended condolences to the Roosevelt Jackson family and asked for
support of the French Quarters restaurant. Congratulated the winners of the B.V. Rib
Cook-Off, and asked for support of the Mayor’s Scholarship Ball and the fireworks.
                                                                         th
Also noted St. Mary’s Cathedral Church celebrating its 150 anniversary.
Congratulated the City Manager on the Town Hall Meetings for a job well done.
                                JULY 14, 2003                                       251

                                       PETITIONS

03-15    From The Michigan Duck Hunters Association and the Michigan Department
         of Natural Resources, requesting permission to erect a banner in the 300
         block of S. Michigan Ave. from July 15, 2003 through August 4, 2003 for the
         purpose of promoting the Outdoor Clinic.
         Councilman Coleman moved to approve the request.
         Adopted unanimously.

                          REPORTS FROM CITY MANAGER

Subject: Steel Strain Pole required to install signals at the intersection of Michigan Ave.
and Houghton Ave.
          Manager’s Recommendation: I recommend that the bid from Carrier & Gable,
Inc., be accepted and that a purchase order be approved and issued to them in the
amount of $2,384.00. This vendor meets all requirements of the Contract Compliance
Provisions, Title 1, Chapter 14, §14.35-14.44, of the Saginaw Code of Ordinances.
          Funds for this equipment are budgeted in the Major Streets Fund Account No.
202-4614-781-8047 (Project No. ST0342). MDOT will reimburse the City for the cost of
this equipment in accordance with said cost agreement.
          Justification: On June 17, 2003, the City received one bid from Carrier &
Gable, Inc., Farmington Hills, MI in the amount of $2,384.00 for a 36-foot steel strain
pole for the Traffic Engineering section of Public Services. This steel strain pole is
necessary to support new traffic signals at the intersection of Houghton Avenue and
Michigan Avenue as part of the Houghton Boulevard Construction project. Michigan
Department of Transportation (MDOT) agrees to reimburse the City of Saginaw for
costs of this strain pole as per cost agreement approved by City Council on March 24,
2003. A cost comparison is not available, because this is a first time purchase for this
size strain pole.
          Council Action: Councilwoman Thurin moved that the recommendation of the
City Manager be approved.
          Adopted unanimously.

Subject: Repair of SCADA Components
          Manager’s Recommendation: I recommend that the bid from Kendall Electric
be accepted and that a purchase order be issued to them in the amount of $2,898. 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.
          Funds for this service are budgeted in the Sewer Operation and Maintenance
Fund Account No. 590-4830-861-8040.
          Justification: On May 12, 2003, repairs were required for three components of
the wastewater treatment division’s Supervisory Control and Data Acquisition (SCADA)
system. The components were manufactured by Allen Bradley, Inc. and required repair
by a factory authorized facility. Kendall Electric is the authorized distributor and repair
shop in this area and is the only source available for repair of these components.
252                            JULY 14, 2003

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

Subject: Fecon Compost Shredder Parts
          Manager’s Recommendation: I recommend approval of the only bid received
from Fecon, Inc. of Cincinnati, Ohio, an only source for compost shredder parts and
issuance of a purchase order to them in the amount of $13,322.75.
          This vendor meets all requirements of the Contract Compliance Provisions,
Title 1, Chapter 14, and § 14.35-14.44, of the Saginaw Code of Ordinances.
          Funds for Fecon shredder parts are available in the Motor Pool Operation
Fund Account No. 661-4480-841-7312.
          Justification: On June 17, 2003 the City received one bid, which is an only
source for Fecon replacement parts. The Fecon is used to process yard waste and
leaves to make up compost.
          Council Action: Councilwoman Thurin moved the recommendation of the city
Manager be approved.
          Adopted unanimously.

Subject: Tetra Tech SCADA Study
            Manager’s Recommendation: I recommend that a proposal for engineering
services from Tetra Tech MPS, Inc. (TT-MPS) to evaluate the Supervisory Control and
Data Acquisition (SCADA) system of the water treatment plant be accepted and that a
purchase order be issued to them in the amount of $14,500.00 for fiscal year
2003/2004. This vendor meets all requirements of the Contract Compliance Provisions,
Title 1, Chapter 14, and §14.35 – 14.44, of the Saginaw Code of Ordinances.
            Funds are budgeted in the Water Operation and Maintenance Fund Account
No. 591-4715-851-8001.
            Justification: On March 7, 2003, a proposal was requested from TT-MPS for
engineering services to evaluate the SCADA system of the water treatment plant and
six booster stations. The scope of the project includes a review of the existing SCADA
controls, overall plant power distribution and the addition of remote operation for two
booster stations. The final report will include cost saving ideas, such as improved
automation and elimination of hard-wired components, as well as an implementation
strategy and a meeting with city officials to discuss the findings.
            TT-MPS is most familiar with the water treatment plant’s SCADA system as
they designed it. To have another engineering firm do this work at the same level of
expertise would undoubtedly take more time and cost more money. For these reasons,
it is in the best interest of the City to accept TT-MPS’s proposal.
            The City Attorney has reviewed the proposal, and the terms and conditions
attached thereto, and have approved them as to form and the City Manager has
approved the proposal as to substance.
            Council Action: Councilwoman Thurin moved the recommendation of the City
Manager be approved.
            Adopted unanimously.
                                JULY 14, 2003                                      253

Subject: Testing Services - Total Toxic Organics
          Manager’s Recommendation: I recommend that the bid received from
Huron Valley Labs, Inc. be accepted and that a purchase order be issued to them in
the amount of $15,600.00. This vendor meets all requirements of the Contract
Compliance Provisions, Title 1, Chapter 14, §14.35-14.44, of the Saginaw Code of
Ordinances.
          Funds for this purchase are available in the Sewer Operation and Maintenance
Fund Account No. 590-4830-861-8005.
          Justification: On April 22, 2003, the City received bids for total toxic organic
testing of samples collected from treatment plant flows and certain industrial users.
Originally, the bid was awarded to Test America Analytical Testing as the apparent low
bidder. Review of the bid documents revealed a mistake in Test America’s calculations
which, when corrected, doubled their bid. Huron Valley Laboratories is now the actual
low bidder. Following is a tabulation of the corrected bids that were received:

         Huron Valley Laboratories, Inc.                          $15,600.00
         Romulus, MI

         AAC Trinity                                              $17,280.00
         Farmington Hills, MI

         Test America Analytical Testing                          $21,840.00
         Pontiac, MI

         Jones & Henry Laboratories                               $23,400.00
         Northwood, OH

         KAR Laboratories                                         $23,700.00
         Kalamazoo, MI

         Trinity Analytical Laboratories                          $26,100.00
         Mound Valley, KS

         The proposed cost is a 4% increase over the previous fiscal year.
         Council Action: Councilwoman Thurin moved that the recommendation of
the City Manager be approved.
         Adopted unanimously.

Subject: Cold Patching Materials
          Manager’s Recommendation: I recommend approval of the only bid from
Saginaw Asphalt Paving Company and issuance of a purchase order to them in the
amount of $54,900.00 for an annual supply of cold patching materials for fiscal year
2003-04.
          This vendor meets all requirements of the Contract Compliance Provisions,
Title 1, Chapter 14 § 14.35 – 14.44 of the Saginaw Code of Ordinances.
254                             JULY 14, 2003

         Funds for this purchase are budgeted in Water Operation and Maintenance
Fund Account 591-4721-861-7340 and Sewer Operation and Maintenance Fund
Account 590-4821-861-7340.
         Justification: On April 8, 2003, the Public Utilities Department,
Maintenance and Service Division, received one bid for 1,500 tons of cold asphalt
patching material to be used in the temporary repair of street cuts. A cost
comparison shows an increase of $5.11 per ton over the previous purchase.
         Council Action: Councilwoman Thurin moved that the recommendation of
the City Manager be accepted.
         Adopted unanimously.

Subject: Various Vehicle Fluids
          Manager’s Recommendation: I recommend that a purchase order be
approved and issued to Spartan Distributors in the amount of $69,231.51.
          This vendor meets all requirements of the Contract Compliance Provisions,
Title 1, Chapter 14, and § 14.35-14.44, of the Saginaw Code of Ordinances.
          Funds for fluids are available in the Motor Pool Operation Fund Account No.
661-4480-841-8042.
          Justification: On June 17, 2003, the Purchasing Committee received three
bids for motor and hydraulic oil, transmission fluid, anti-freeze and various other fluids
used by the Municipal Garage from July 1, 2003 through June 30, 2004. These fluids
are for regular maintenance of the City vehicles. Following is a tabulation of the bids:

         Spartan Distributors
         Lansing, MI                                               $69,231.51

         White Oil Division
         Clio, MI 48420                                            $71,353.45

         Miles Petroleum
         Hemlock, MI 48626                                         $71,375.03

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

Subject: Jefferson Avenue Sewer & Water Main Replacement
          Manager’s Recommendation: I recommend approval of the low bid from
Bourdow Trucking in the amount of $799,018.60 and a contract awarded them in this
amount; that contract documents forwarded herein (City Clerk’s File A-7359), which
have been signed by the contractor, be approved; and that the proper City officials be
authorized and directed to execute the same on behalf of the City. This vendor meets
all requirements of the Contract Compliance Provisions, Title 1, Chapter 14, §14.35-
14.44, of the Saginaw Code of Ordinances.
          This Contract has been approved by me as to substance and by the City
Attorney as to form.
                                JULY 14, 2003                                     255

          Funds for this service are available in the Water Surplus Construction Fund
Account No 577-4740-881-9741 ($465,233.12) and the Sewer Surplus Construction
Fund Account No 576-4840-881-9741 ($333,785.48).
          Justification: On June 17, 2003, the City received bids for Jefferson Avenue
Water and Sewer Main replacement. Proposed work includes replacing water and
sewer mains between Holland Avenue and Rust Avenue along with road restoration.
The work also includes the construction of ADA compliant sidewalk ramps at street
intersections. Following is a tabulation of the bids that were received:

         Bourdow Trucking                               *$799,018.60
         Saginaw (out-City)

         Wooten Contracting                             $803,812.90
         Hemlock, MI

         3-S Construction                               $811,702.60
         Midland, MI

         Rohde Brothers                                 $815,736.00
         Saginaw (out-city)

         Champagne & Marc Exc.                          $902,726.21
         Saginaw, (out-city)

         Fisher Contracting                             $1,017,635.76
         Midland, MI

         *Corrected Bid Amount due to multiplication error

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

Subject: Approval of Agreement to Relocate Veterans’ Memorials
          Manager’s Recommendation: I recommend that the agreement between the
City of Saginaw and the Saginaw Community Foundation be approved and the
appropriate officials be authorized and directed to execute it and any associated
documents on behalf of the City.
          This agreement has been approved by me as to substance and by the City
Attorney as to form.
          Justification: The Saginaw Community Foundation wishes to relocate a series
of Veterans’ Memorials from their present locations to Hoyt Park. It has obtained what
it believes to be sufficient funding and pledges of in-kind contributions to accomplish
this project. The Foundation has entered into an agreement with Spicer Engineering to
oversee completion of this project. The Foundation now wishes to enter into an
agreement with the City for permission to enter onto the portion of Hoyt Park involved in
256                             JULY 14, 2003

the plan, and place the associated monuments. This will be at no expense to the City.
The Foundation will indemnify the City with respect to any liability to which the City may
be exposed during the construction, and the Foundation has obtained adequate
insurance for this risk. However, there is no construction bond or similar guarantee of
completion of the project. The City bears the risk, although small, of non-completion.
          After construction is completed, the City plans to enter into an agreement with
a nonprofit organization, now in the process of being incorporated, for purposes of
providing landscaping and perpetual maintenance for the memorial area.
          Council Action: Councilwoman Thurin moved the recommendation of the City
Manager be approved.
          Adopted unanimously.

Subject: Three-year Agreement for Workers’ Compensation Third-party Administration
         Manager’s Recommendation: Approval of a three-year agreement between
the City of Saginaw and Cambridge Integrated Services Group, Inc. This company
provides third-party administration of the City’s self-insured workers’ compensation
program.
         The purpose of the agreement is to renew an ongoing successful working
relationship between the Company and the Office of Employee Services. This third
party administrator has provided service since September 1989. The third year
contract cost was $42,356 and expired June 30, 2003.

         The renewal of a three-year contract costs are as follows:

            07/01/03-06/30/04      $42,500 (.339% increase)
            07/01/04-06/30/05      $43,775 (3% increase)
            07/01/05-06/30/06      $45,088 (2.99% increase)

          Additional loss control services for risk management consulting has been
reduced from a former annual flat rate to an hourly rate as needed.
          I recommend that the agreement be accepted and that purchase orders be
approved and issued to them in the amounts above. Funds for this service are
budgeted in the Workers' Compensation Fund Account No. 678-1750-701-8001.
          Justification: This service provides for claims administration through a Mt.
Clemens, Michigan branch office with services, data processing, telephone reporting of
injuries, cost containment services and utilization of Michigan Workers' Health Care
Service Rules. It includes investigation of all claims by establishing files, providing to
State of Michigan all necessary state forms and reports including our self-insured
status, providing monthly loss run reports, monthly deposit account activity and periodic
injury summary reports. he investigation of the claims determines if the claim will be
administered, adjusted, settled or disputed on behalf of the City of Saginaw.
          The renewal of a three-year contract would provide a continued proactive
approach to reducing our workers' compensation payroll and medical costs. The City
has been very satisfied with their performance. A change over in files to a new vendor
would be expensive and have a negative effect to our present aggressive case
management.
                                JULY 14, 2003                                     257

         The contract has been approved as to substance by the City Manager and as
to form by the City Attorney.
         Council Action: Councilwoman Thurin 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 were considered after discussion.

Subject: The Feasibility Study by the Local Energy Aggregation Project (LEAP)
          Manager’s Recommendation: I recommend that City Council approve up to
$3,000.00 for a feasibility study to be performed by Black & Veatch to evaluate the
option of LEAP members being served by the Michigan Public Power Agency (MPPA).
          Funds for this study are available in the Sewer Operation and Maintenance
Fund Account No. 590-4810-851-8002, Water Operation and Maintenance Fund
Account No. 591-4710-851-8002 and the General Fund Engineering Administration
Account No. 101-4611-781-8002.
          Justification: On September 24, 2001, City Council passed a resolution
authorizing membership for the City of Saginaw in LEAP. LEAP was formed as a
coordinated voice for municipal interests during energy deregulation, to allow
participating municipalities to share information regarding electric power, to provide
participating municipalities with a means to use their combined purchasing power for
electric energy, and to provide an administrative framework which allows participating
municipalities to avoid duplication of administrative efforts.
          The feasibility study will concentrate on whether it is less costly to continue
purchasing electric power from Consumers Energy or to purchase it from the MPPA.
The study is expected to give us information that will be useful when electrical
deregulation begins in 2004, regardless of where we purchase our electric power. The
final cost of the study will depend on the number of cities participating.
          Council Action: Councilwoman Thurin moved that the recommendation of the
City Manager be approved.
          Adopted unanimously.

Subject: Fire Hydrant Locks
          Manager’s Recommendation: I recommend that a purchase order be issued
to McGard, Inc. in the amount of $4,872.00 for an emergency purchase of specialty fire
hydrant locks.
          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 are available in Water Operations and Maintenance
Fund Account 591-4721-861-7330.
          Justification: An emergency purchase of specialty fire hydrant locks was
required for two specific styles of fire hydrants that are in use throughout the City of
Saginaw’s water distribution system. They will be used by the Public Utilities
Department, Maintenance and Service Division, to isolate hydrants for use only by
authorized personnel. In the best interests of the City, a standard hydrant lock design
258                              JULY 14, 2003

was selected and McGard, Inc. is the sole manufacturer of these locks.
        Council Action: Councilman Browning moved that the recommendation of the
City Manager be accepted.
        Adopted unanimously.

Subject: Amendment to Agreement for Professional Legal Services with Mark T.
Mahlberg and Otto W. Brandt
           Manager’s Recommendation: I recommend approval of the Amendment to
Agreement for Professional Legal Services with Mark T. Mahlberg and Otto W. Brandt,
715 Court Street, Saginaw, Michigan for continued legal services to the City’s
Community Development Block Grant (CDBG) Department.
           This vendor meets all requirements of the Contract Compliance Provisions,
Title 1, Chapter 14, §14.35-14.44, of the Saginaw Code of Ordinances.
           This contract amendment has been approved by the City Manager as to
substance and the City Attorney as to form.
           Funds for the payment of these services are available in the Block Grant
Residential Loan Fund Account No. 276 6540 761 8003.
           Justification: On January 8, 2001, by approval of its Council members, the
City entered into an Agreement for Professional Legal Services with Mark T. Mahlberg
and Otto W. Brandt wherein these attorneys became primary outside legal counsel for
the City’s Community Development Block Grant (CDBG) Department. As part of the
Agreement, all CDBG legal assignments were to be made and authorized by the City
Attorney. Since that time, the City Attorney and the CDBG staff have been very
pleased with the legal services provided by Mr. Mahlberg and Mr. Brandt, and as a
result, the parties are amenable to modifying the Agreement whereby the CDBG staff
would make assignments directly to these attorneys. The City Attorney’s Office would
no longer oversee these legal assignments or approve the invoices for legal fees. In
addition, Mr. Mahlberg and Mr. Brandt have agreed to extend the term of the
Agreement for an additional three (3) years to January 8, 2007 at the same hourly rates
as the initial Agreement, i.e. $75.00/hour for non-court related services and $95.00/hour
for all court related services, which were the lowest hourly rates bid when the initial bids
were received in 2001.
           Council Action: Councilwoman Thurin moved the recommendation of the City
 Manager be approved.
           Adopted unanimously.

                          INTRODUCTION OF ORDINANCES

         Councilwoman Thurin introduced an ordinance entitled and reading as follows:

AN ORDINANCE TO REPEAL § 11.16, “DEPARTMENT OF LAW,” OF CHAPTER 11,
“DEPARTMENTS AND OFFICES” OF TITLE 1, ADMINISTRATIVE CODE OF THE
CITY OF SAGINAW CODE OF ORDINANCES, O-1.

         Laid over under the Charter Provision.
                                JULY 14, 2003                                   259

           Councilman Coleman introduced an ordinance entitled and reading as
follows:

AN ORDINANCE TO AMEND § 50.01 – 50.10 AND § 50.99 OF THE SAGINAW CODE
OF ORDINANCES, “SOLID WASTE” OF CHAPTER 50, OF ORDINANCE NO. D-2 OF
THE CITY OF SAGINAW CODE OF ORDINANCES.

           Laid over under the Charter Provision.

                    MOTIONS AND MISCELLANEOUS BUSINESS

           Councilman Soza moved to add a Closed Session to the Council Agenda.
           Adopted unanimously.

         Councilman Browning moved to go into closed session to consult with the City
Attorney regarding the settlement of pending litigation in an employment discrimination
case.
         Adopted by the following vote:
         Ayes: Councilmembers Browning, Coleman, Cottrell, Coulouris, Haynes,
Seals, Soza, Thurin and Mayor Ham – 9.

        After some time spent in closed session, the Council returned to open session
and adopted the recommendation of the City Manager.

On motion the Council adjourned.




Meloni Scurry
Deputy City Clerk

				
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