MINUTES OF THE ST. JOSEPH CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, ST. JOSEPH, MICHIGAN ON FEBRUARY 6, 2012.
PRESENT: MAYOR JUDD
COMMISSIONERS CHICKERING, GAREY AND RICHARDS
CITY MANAGER FRANK WALSH
CITY CLERK DEB KOROCH
CITY ATTORNEY LAURIE SCHMIDT
ABSENT: COMMISSIONER GOFF
Mayor Judd called the meeting to order at 6:00 p.m.
Mayor Judd presented the February 6, 2012 Agenda for approval.
Commissioner Richards moved; seconded by Commissioner Chickering, approval of the February 6, 2012 Agenda, as presented. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Mayor Judd and Commissioner Richards. Nays: None. Absent: Commissioner Goff. Motion carried.
Mayor Judd called for public comment. Representatives from Edgewater Bank presented a new loan program designed to assist downtown business owners who wish to make physical improvements to their businesses prior to the SR. PGA.
Mayor Judd next presented the February 6, 2012 Consent Agenda for approval:
•· Disbursements paid since January 6, 2012 in the amount of $1,372,217.32
•· Minutes of the January 9, 2012 Regular Meeting
•· Minutes of the January 30, 2012 Special Meeting
•· Special Event - Cystic Fibrosis's Great Strides Walk - May 20, 2012
•· 2012 Federal Poverty Guidelines & Board of Review Application Procedure
•· Housing Commission Appointment
Commissioner Garey moved; seconded by Commissioner Richards, approval of the February 6, 2012 Agenda, as presented. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Mayor Judd and Commissioner Richards. Nays: None. Absent: Commissioner Goff. Motion carried.
City Clerk Deb Koroch presented the following listing of Election Inspectors to serve during the February 28, 2012 Presidential Primary for consideration and approval: Vedette Cordes (R), Denise Reeves (R, Joan Ross (R), Tracy Tiffany (D), Elizabeth Ball (D), Martin Dixon (R), Don Hand (R), Mary Kynast (R), Sylvia Lieberg (R), Barb Maynard (D), Deb Milhauser (D), Carol Nichols (D), Thomas O'Neill (R), Joseph Schulz (R), Darcy Steinman (R), Virginia Steinman (R), Larry Wagner (R), Tamara Zebell (D), Mary Lou Zick (D), Dolores Frantz (R), Amanda Dejewski (R), Rhonda Fryer (D), Deb Deja (R), and Laurie Moore (R).
Commissioner Richards moved; seconded by Commissioner Chickering, approval of Election Inspectors for the February 28, 2012 Presidential Primary, as recommended by Clerk Koroch. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Mayor Judd and Commissioner Richards. Nays: None. Absent: Commissioner Goff. Motion carried.
Clerk Koroch presented two (2) seasonal stationary vendor applications for consideration and approval; Mr. Ben Yacobozzi submitted an application to vend from his hot dog cart at the northeast corner of Broad and State Streets; and Ms. Margaret Rivera has submitted an application to vend from a hot dog cart at the Lake Bluff Park location next to the cannon. She stated that both applications had been reviewed by the Police Chief and the City Clerk and that they are recommending approval of both, as submitted pending receipt of vending fees and appropriate certifications.
Commissioner Chickering moved; seconded by Commissioner Richards, approval of 2012 seasonal stationary vendor permits for Mr. Ben Yacobozzi to operate a hot dog cart at the northeast corner of Broad and State Streets and for Ms. Margaret Rivera to operate a hot dog cart at the corner of Lake Boulevard and Broad Streets in Lake Bluff Park, subject to payment of fees and appropriate health department certifications. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Mayor Judd and Commissioner Richards. Nays: None. Absent: Commissioner Goff. Motion carried.
Ms. Koroch presented a draft calendar for the development of the 2012-2013 Fiscal Year Budget. If approved, the budget development would begin in earnest in early March with the final draft submitted to the City Commission on April 27 for presentation at their regular meeting on May 7, 2012.
Commissioner Richards moved; seconded by Commissioner Garey, approval of the 2012-2013 Budget Development Calendar, as presented. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Mayor Judd and Commissioner Richards. Nays: None. Absent: Commissioner Goff. Motion carried.
Ms. Koroch presented Resolution 2012-01for consideration and approval; the resolution supports the issuance of Junior Lien Revenue Bonds to fund the 2012 Combined Sewer Overflow Project:
CITY OF ST. JOSEPH
BERRIEN COUNTY
RESOLUTION 12-01
A RESOLUTION TO AUTHORIZE ISSUANCE OF
2012 SANITARY SEWER SYSTEM JUNIOR LIEN REVENUE BONDS
WHEREAS, pursuant to Act 94, Public Acts of Michigan, 1933, as amended (the "Act") the City Commission of the City St. Joseph (the "City") has determined to make improvements to the City's sanitary sewer system; and
WHEREAS, the improvements will enable the City to provide more efficient and better quality public services to the users of the sanitary sewer system; and
WHEREAS, the cost of making the improvements is estimated to be $300,000; and
WHEREAS, the improvements shall be financed in part by the issuance of revenue bonds or other evidences of indebtedness in accordance with the Act in the sum of not to exceed $400,000 for a period of not to exceed thirty (30) years; and
WHEREAS, Act 34, Public Acts of Michigan, 2001, as amended, permits the City to authorize, within limitations which shall be contained in the authorization resolution, an officer to sell, deliver and receive payment for obligations, and to approve interest rates or methods for fixing interest rates, prices, discounts, maturities, principal amounts, denominations, dates of issuance, interest payment dates, redemption rights, place of delivery and payment, and other matters and procedures necessary to complete an authorized transaction.
NOW, THEREFORE, BE IT RESOLVED as follows:
•1. DEFINITIONS. Except as provided in this Resolution, the definitions contained in the Prior Resolution (defined below) shall apply to the terms in this Resolution. In addition, whenever used in this Resolution except when otherwise indicated by context, the following definitions shall apply to the terms in this Resolution:
•(a) "Authorized Officer" means the Mayor and the Clerk/Treasurer of the City, or either of them acting alone.
•(b) "Bonds" as defined in the Prior Resolution shall include the Series 2012 Bonds which are being issued as Additional Junior Lien Bonds under Section 23 of the Prior Resolution.
•(c) "Authority" means the Michigan Finance Authority created by Executive Order 2010-2, which, among other things, transferred to the Michigan Finance Authority the powers, duties and functions of the Michigan Municipal Bond Authority, created and established pursuant to Act 227, Public Acts of Michigan, 1985, as amended.
•(d) "Construction Fund" shall mean the 2012 Sanitary Sewer System Junior Lien Revenue Bonds Construction Fund created pursuant to Section 13.
•(e) "Contract Documents" means the Purchase Contract between the City and the Authority, the Supplemental Agreement by and among the City, the Authority and the State of Michigan acting through the Department of Environmental Quality, and the Issuer's Certificate for the Series 2012 Bonds or such other closing documents required by the Authority for the issuance of the Series 2012 Bonds.
•(f) "Improvements" means the design, acquisition and construction of improvements to the System, including but not limited to the installation of sewer mains, pumping stations and force mains, separating the storm sewer system from the sanitary sewer system, acquisition of rights-of-way or easements; the restoration of streets and rights of way and easements affected by the utility improvements; as well as all work necessary or incidental to these improvements.
•(g) "Prior Resolution" means Resolution 09-31 adopted by the City Commission of the City on August 17, 2009.
•(h) "Resolution" means this Resolution and all amendments hereto.
•(i) "Series 2012 Bonds" means the City's 2012 Sanitary Sewer System Junior Lien Revenue Bonds issued pursuant to this Resolution.
•2. NECESSITY, PUBLIC PURPOSE: It is hereby determined to be necessary for the public health, safety and welfare of the City to acquire and construct the Improvements to the System in accordance with the maps, plans and specifications therefore prepared by Abonmarche Consultants, Inc., which are hereby approved.
•3. ESTIMATED COST; PERIOD OF USEFULNESS: The cost of the Improvements has been estimated by the engineers not to exceed $400,000 including the payment of legal, engineering, financial and other expenses, which estimate of cost is approved and confirmed, and the period of usefulness of the Improvements is estimated to be greater than thirty (30) years.
•4. ISSUANCE OF BONDS. To pay a portion of the cost of acquiring and constructing the Improvements and to pay the legal and financial expenses and all other expenses incidental to the issuance of the Series 2012 Bonds, the City shall borrow the sum of not to exceed $400,000 and issue its revenue bonds pursuant to the provisions of the Act. The Series 2012 Bonds shall be issued in the aggregate principal sum of not to exceed $400,000, as finally determined by the Authorized Officer at the time of sale, or such lesser amount thereof as shall have been advanced to the City pursuant to the Contract Documents.
During the time funds are being drawn down by the City under the Series 2012 Bonds, the Authority will periodically provide the City a statement showing the amount of principal that has been advanced and the date of each advance, which statement shall constitute prima facie evidence of the reported information; provided that no failure on the part of the Authority to provide such a statement or to reflect a disbursement or the correct amount of a disbursement shall relieve the City of its obligation to repay the outstanding principal amount actually advanced, all accrued interest thereon, and any other amount payable with respect thereto in accordance with the terms of the Series 2012 Bonds.
•5. SERIES 2012 BOND TERMS. The Series 2012 Bonds shall be issued as one fully registered manuscript bond, shall be sold and delivered to the Authority in any denomination. The Series 2012 Bonds shall be dated the date of delivery to the Authority, or such other date approved by the Authorized Officer, and shall be payable on the dates determined by the Authorized Officer at the time of sale provided the final maturity shall be no later than thirty years after the date of issuance. The Series 2012 Bonds shall bear interest at a rate of not to exceed 5% per annum as determined by the Authorized Officer, payable semiannually on the dates determined by the Authorized Officer at the time of sale.
Notwithstanding the above, the final amount of any maturity and terms of the Series 2012 Bonds shall be as provided in the Contract Documents and will be finally determined by the Authorized Officer.
•6. PAYMENT OF BONDS; PLEDGE OF NET REVENUES. As provided in Section 6 of the Prior Resolution, the principal of and interest on the Series 2012 Bonds, as Additional Junior Lien Bonds, shall be payable from the Net Revenues derived from the operation of the System, including future improvements, enlargements and extensions thereof, after provision has been made for the payment of expenses of administration, operation and maintenance thereof and the Net Revenues of the System, including future enlargements, improvements, and extensions thereto, are hereby pledged to the payment of the principal of and interest on the Series 2012 Bonds. To secure the payment of the principal of and interest on the Series 2012 Bonds there is hereby created a statutory lien to and in favor of the Bondholders of the Series 2012 Bonds upon the Net Revenues of the System, including future enlargements, improvements, and extensions thereof, which is a junior lien of equal standing and priority with respect to the Net Revenues of the System securing other outstanding Junior Lien Bonds, but subordinate to the first lien on the Net Revenues of the System securing any First Lien Bonds. The Net Revenues so pledged shall be and remain subject to such lien until the payment in full of the principal of and interest on the Series 2012 Bonds or until Bonds are defeased as provided in the Prior Resolution.
The Series 2012 Bonds, including both principal and interest thereon, shall not be a general obligation of the City and shall not constitute an indebtedness of the City for the purpose of any debt limitations imposed by any constitutional, statutory or charter provisions.
•7. PRIOR REDEMPTION: The Series 2012 Bonds issued and sold to the Authority shall be subject to redemption prior to maturity by the City only with the prior written consent of the Authority and on such terms as may be required by the Authority.
•8. PAYING AGENT AND REGISTRATION.
•(a) Appointment of Paying Agent. The initial Paying Agent for the Series 2012 Bonds shall be the City Treasurer.
•(b) Authority's Depository. Notwithstanding any other provision of this Resolution, so long as the Authority is the owner of the 2012 Bonds, (a) the Series 2012 Bonds are payable as to principal, premium, if any, and interest in lawful money of the United States of America at The Bank of New York Mellon Trust Company, N. A., or at such other place as shall be designated in writing to the City by the Authority (the "Authority's Depository"); (b) the City agrees that it will deposit with the Authority's Depository payments of the principal of, premium, if any, and interest on the Series 2012 Bonds in immediately available funds by 12:00 noon at least five business days prior to the date on which any such payment is due whether by maturity, redemption or otherwise; in the event that the Authority's Depository has not received the City's deposit by 12:00 noon on the scheduled day, the City shall immediately pay to the Authority as invoiced by the Authority an amount to recover the Authority's administrative costs and lost investment earnings attributable to that late payment; and (c) written notice of any redemption of the Series 2012 Bonds shall be given by the City and received by the Authority's Depository at least 40 days prior to the date on which such redemption is to be made.
•9. SALE OF BONDS. The Series 2012 Bonds shall be sold to the Authority. The City determines that a negotiated sale to the Authority is in the best interest of the City because the terms offered by the Authority are more favorable than those available from other sources of funding.
•10. BOND FORM: The Series 2012 Bonds shall be substantially in the form attached hereto as Exhibit A, and incorporated herein, with such completions, changes and additions as may be required by the Authority or as recommended by the City's Bond Counsel and approved by the officers of the City signing the Series 2012 Bonds.
•11. AUTHORIZED OFFICER: The Authorized Officer is hereby designated, for and on behalf of the City, to do all acts and to take all necessary steps required to effectuate the sale, issuance and delivery of the Series 2012 Bonds to the Authority. The Authorized Officer is hereby authorized to execute and deliver the Contract Documents in substantially the form presented at this meeting, with such changes, additions and completions as are approved by the Authorized Officer. The City hereby approves the Contract Documents in the form presented at this meeting with such changes as are approved by the Authorized Officer. Notwithstanding any other provision of this Resolution, the Authorized Officer is authorized within the limitations of this Resolution to determine the specific interest rate or rates to be borne by the bonds, not exceeding 5% per annum, the principal amount, interest payment dates, dates of maturities, and amount of maturities, redemption rights, the title of the Series 2012 Bonds, date of issuance, and other terms and conditions relating to the Series 2012 Bonds and the sale thereof provided, however, the last annual principal installment shall not be more than thirty years from the date of issuance of the Series 2012 Bonds. The Authorized Officer's approval of the terms shall be evidenced by his or her signature on the document or agreement stating such terms. The Authorized Officer is hereby authorized for and on behalf of the City, without further City Commission approval, to do all acts and take all necessary steps required to effectuate the sale, issuance, and delivery of the Series 2012 Bonds. The Authorized Officer, together with the Treasurer, or any one or more of them, are authorized to execute any orders, receipts, agreements, pledge agreements, documents or certificates necessary to complete the transaction, including, but not limited to, any issuers certificate, any certificates relating to federal or state securities laws, rules or regulations, any applications to the Michigan Department of Treasury, and any revenue sharing pledge agreement. The City hereby approves the Revenue Sharing Pledge Agreements in the form presented to this meeting, with such changes as are approved by the Authorized Officer, and authorizes the Authorized Officer to execute and deliver the Revenue Sharing Pledge Agreement if they are required by the Authority.
•12. EXECUTION OF BONDS: The Mayor or the Mayor Pro Tem and the Clerk or the Deputy Clerk of the City are hereby authorized and directed to sign the Series 2012 Bonds, either manually or by facsimile signature, on behalf of the City. Upon execution, the Series 2012 Bonds shall be delivered to the purchaser thereof.
•13. CONSTRUCTION FUND. The proceeds of the Series 2012 Bonds shall be deposited in the Construction Fund. Such moneys shall be used solely for the purpose for which the Series 2012 Bonds were issued. Any unexpected balance in the Construction Fund remaining after completion of the Improvements may be used for such purposes as allowed by law. After completion of the Improvements and disposition of remaining Series 2012 Bond proceeds, if any, pursuant to the provisions of this Section, the Construction Fund shall be closed.
•14. CONTRACT WITH BONDHOLDERS: The provisions of this Resolution shall constitute a contract between the City and the Bondholders from time to time, and after the issuance of any of such Series 2012 Bonds, no change, variation or alteration of the provisions of this Resolution may be made which would lessen the security for the Series 2012 Bonds. The provisions of this Resolution shall be enforceable by appropriate proceedings taken by such Bondholder, either at law or in equity.
•15. INTERNAL REVENUE CODE: The City has consulted with its attorney and understands that the Code contains certain requirements on (i) the expenditure of proceeds from the sale of the Series 2012 Bonds, (ii) the investment of the proceeds from the issuance of the Series 2012 Bonds and (iii) the rebate of interest earned on the investment of the proceeds of the Series 2012 Bonds under certain circumstances. The City hereby covenants to comply with such requirements.
•16. PUBLICATION AND RECORDATION. This Resolution shall be published once in full in a newspaper of general circulation in the City qualified under state law to publish legal notices, and the same shall be recorded in the records of the City and such recording authenticated by the signature of the City Clerk.
•17. RESOLUTION SUBJECT TO MICHIGAN LAW. The provisions of this Resolution are subject to the laws of the State of Michigan.
•18. SECTION HEADINGS. The section headings in this Resolution are furnished for convenience of reference only and shall not be considered to be a part of this Resolution.
•19. SEVERABILITY: If any section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Resolution.
•20. CONFLICT: Except as provided above, all Resolutions and Resolutions or parts thereof, insofar as the same may be in conflict herewith, are hereby repealed to the extent of the conflict; provided, that the foregoing shall not operate to repeal any provision thereof, the repeal of which would impair the obligation on the Bonds or the Prior Bonds.
•21. EFFECTIVE DATE OF RESOLUTION: Pursuant to Section 6 of the Act, this Resolution shall be approved on the date of first reading and this Resolution shall be effective immediately upon its adoption.
Commissioner Garey moved; seconded by Commissioner Chickering, approved Resolution 2012-01 supporting and defining the issuance of Junior Lien Revenue Bonds to fund the 2012 Combined Sewer Overflow Project, as presented. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Mayor Judd and Commissioner Richards. Nays: None. Absent: Commissioner Goff. Motion carried.
Attorney Schmidt presented the following amendment to Chapter 19 of the St. Joseph Code of Ordinances for consideration and a first reading:
CITY OF ST. JOSEPH
BERRIEN COUNTY, MICHIGAN
AN ORDINANCE TO AMEND CHAPTER 19 OF THE CODE OF ORDINANCES
OF THE CITY OF ST. JOSEPH, MICHIGAN
THE CITY OF ST. JOSEPH ORDAINS:
Chapter 19, Article V, Sec. 19-62 of the Code of Ordinances of the City of St. Joseph, Michigan, is hereby amended to read as follows:
Sec. 19-62. Consumption of alcoholic liquor in public.
•a) When use in this article, "alcoholic liquor" means any spirituous, vinous, malt or fermented liquor, liquids and compounds, whether or not medicated, proprietary, patented, and by whatever name called, containing one-half of one percent or more of alcohol by volume which are fit for use for beverage purposes.
•b) Alcoholic liquor shall not be consumed on a highway, street, alley, public building, public park, or public beach or in any automobile while being driven or parked on any City street, or any public or private property which is open to the general public and which is not licensed to sell alcoholic liquor for consumption on the premises.
•c) Penalties:
•(1) A first violation of any provision of this article is a municipal civil infraction which shall, upon a determination of responsibility, be punished by a fine of not less than $100.00.
•(2) A second violation of any provision of this article within a two-year period is a municipal civil infraction which shall, upon a determination of responsibility, be punishable by a fine of not less than $250.00.
•(3) A third violation of any provision of this chapter within a two-year period is a municipal civil infraction which shall, upon a determination of responsibility, be punishable by a fine of not less than $500.00.
•(4) The fourth and any subsequent violation of any provision of this chapter within a two-year period is a misdemeanor which shall, upon conviction, be punishable in accordance with Section 1-11 of this Code.
•(5) In all instances, the City's costs of enforcement, abatement and prosecution may be added to any fine imposed by the court.
This ordinance shall take effect 10 days after its final passage.
Commissioner Richards, seconded by Commissioner Chickering, moved that the proposed foregoing ordinance be approved and given its first reading and that the second reading be scheduled for February 27, 2012. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Mayor Judd and Commissioner Richards. Nays: None. Absent: Commissioner Goff. Motion carried.
Attorney Schmidt presented the following amendment to Chapter 39 of the City of St. Joseph Code of Ordinances for consideration and second reading:
CITY OF ST. JOSEPH
BERRIEN COUNTY, MICHIGAN
ORDINANCE NUMBER 39-1-2
SPECIAL ORDINANCE
THE CITY OF ST. JOSEPH ORDAINS:
Chapter 39 of the Code of Ordinances of the City of St. Joseph, Michigan is hereby amended by adopting the following Special Ordinance No. 39-1-2 as follows:
AN ORDINANCE TO IMPOSE A TEMPORARY MORATORIUM ON ANY SHORE PROTECTION STRUCTURES, SEAWALLS OR SIMILAR IMPROVEMENTS FOR CERTAIN PARCELS ABUTTING LAKE MICHIGAN.
Sec. 1. Intent and Purpose.
Consistent with its adopted Comprehensive Master Plan, the City desires to preserve and encourage open space along Lake Michigan and to maintain the integrity and character of the Lake Michigan shoreline. The City recognizes that the beach areas adjacent to the Ridgeway neighborhood and the south end of Lions Park Drive have distinctive characteristics and locations within the City, each with a large, open beach area along Lake Michigan and each located between and connects two public parks upon which the public has a right to unimpeded pedestrian use of as part of the public trust. The south end of the Lions Park Drive area also contains some public land located between the shore of Lake Michigan and private properties.
The City intends to conduct a review of various City regulations to further the maintenance and encouragement of open space, preservation of private property, and preservation of public trust areas along Lake Michigan in the above described neighborhoods. That review will include an analysis of the placement of, shore protection structures, seawalls, or other like improvements in this area and may include a request that the City Planning Commission also review this issue and make recommendations regarding possible zoning or other regulations.
The City Commission finds that there is a need to enact a temporary moratorium and that it is necessary for the preservation of the public safety and private property. Failure to enact this Ordinance while the City Commission and/or the Planning Commission actively reviews this matter will likely result in irreparable harm to the welfare of City residents and their properties given the domino-like impact that will occur if improvements adversely change erosion, etc. on the beach, the likely adverse impacts upon neighboring properties and the rights of the public to use the public portions of the beach due to the placement of, shore protection structures, seawalls, or similar fixed improvements along this area, and the fact that once such improvements are made and the public beach areas are impacted, such effects cannot be undone.
Sec. 2. Moratorium.
A moratorium is hereby adopted until July 30, 2012, prohibiting the construction, erection or expansion of all shore protection structures, seawalls, and similar fixed improvements along parcels of property located within the following boundaries: (1) all properties located on the west side of the street known as Ridgeway within the area bounded on the south by the St. Joseph River and on the north by the northerly boundary of the City of St. Joseph and (2) those properties that are located on the west side of Lions Park Drive within the area bounded on the north by Silver Beach County Park, on the north by Park Street, and on the south by Lions Park.. This moratorium includes, without limitation, all shore protection structures, seawalls, retaining walls, break walls, groins and jetties along or parallel to the shore of Lake Michigan within the above-described area. This moratorium may be extended by resolution of the City Commission for a period up to six (6) additional months if the City Commission determines it necessary to protect and promote the public health, safety and welfare.
Sec. 3. Effective Date.
This Ordinance shall be effective 10 days from the date of its final passage.
Commissioner Garey, seconded by Commissioner Richards, moved that the proposed foregoing ordinance be given a second and final reading and be declared adopted. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Mayor Judd and Commissioner Richards. Nays: None. Absent: Commissioner Goff. Motion carried.
City Manager Frank Walsh presented two (2) amendments to his current employment contract for consideration:
Section 2.3 a. Mr. Walsh shall contribute the employee's required contribution amount of 20% toward the monthly health insurance premium beginning July 1, 2012.
Section 2.6 a. For 2012, Mr. Walsh shall receive an annual car allowance equal to $8,762, payable on or about January 1. Should Mr. Walsh leave the City's employ after receiving the annual payment but before December 31 of that year, he shall repay to the City of St. Joseph a prorated amount of $24.01 per day for the remainder of that calendar year. Mr. Walsh will receive no car allowance in 2013.
If accepted, the changes would increase the employee contribution to his health care premium from 10% to 20% and would eliminate a car allowance in 2013.
Commissioner Richards moved; seconded by Commissioner Garey, approval of the amendments to the City Manager employment contract, as presented. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Mayor Judd and Commissioner Richards. Nays: None. Absent: Commissioner Goff. Motion carried.
City Manager Walsh presented Resolution 12-02 for consideration:
CITY OF ST. JOSEPH
Resolution 12-02
Maintaining Michigan's Harbors
Whereas, the City of St. Joseph and many other lakefront communities are dependent on commercial harbors for continued vitality, safety and expansion; and
Whereas, in order to fulfill energy demands and a growing local economy, St. Joseph receives 1.5 million tons of sand, gravel and coal annually making it one of the largest ports on Lake Michigan; and
Whereas, St. Joseph's harbor directly affects community employment, boating and tourism, as well as the having an indirect impact on boating and shipping jobs within the region; and
Whereas, St. Joseph's harbor provides both direct and indirect economic impact to the area, contributing to the $5.5 billion generated from all Great Lakes Harbors; and
Whereas, St. Joseph's Coast Guard station is critical, providing search and rescue and maritime law enforcement on Lake Michigan; and
Whereas, St. Joseph's harbor and many other harbors in the Great Lakes require regular maintenance because of sedimentation, low water levels, storm events and other natural lake processes; and
Whereas, due to recent congressional action preventing the U.S. Army Corps of Engineers from allocating sufficient funds for the maintenance of commercial and small harbors in the Great Lakes; St. Joseph, in coalition with other harbor communities, will be forced to seek Congressional assistance to secure funds for dredging; and
Whereas, if the St. Joseph harbor is not properly maintained it could soon become ineffective, thereby resulting in increased risk to human health, safety and significant economic loss;
Now, therefore be it resolved, that this resolution signed by the St. Joseph City Commission demonstrates concern for the well being and sustainability of our harbor, as well as other Great Lakes Harbors. Energy security, economic activity, jobs, as well as health and safety could be compromised. The City Commission, representing the interests of the citizens of St. Joseph, ask our representation in the United States Congress, the Honorable Representative Fred Upton and the Honorable Senators Levin and Stabenow, to support and co-sponsor H.R. 104 and S. 412; calling for the full use of the Harbor Maintenance Trust fund to address our aging harbors before they are no longer viable and communities dependent on such are in crisis.
Commissioner Richards moved; seconded by Commissioner Chickering, approval of Resolution 12-02 in support of the full use of the Harbor Maintenance Trust Fund to address aging harbors before they are no longer viable, as presented. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Mayor Judd and Commissioner Richards. Nays: None. Absent: Commissioner Goff. Motion carried.
Police Chief Mark Clapp presented the Medic I Fiscal Year 2012-2013 Budget for consideration and approval. He stated the budget calls for slight wage increases for both union and non-union employees and no increase in municipal subsidies to the organization.
Commissioner Garey moved; seconded by Commissioner Chickering, approval of the Medic I Budget for Fiscal Year 2012-2013, as presented. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Mayor Judd and Commissioner Richards. Nays: None. Absent: Commissioner Goff. Motion carried.
City Engineer Tim Zebell presented a proposal from Abonmarche Consultants to provide engineering services for the Napier/Langley Avenue traffic Signal CMAW Project at a cost of $34,350. Mr. Zebell stated that the City has received grant funding which will cover up to $252,059 of eligible costs to remove and replace the mast arms and signals, install video detection equipment and upgrade sidewalk ramps in hopes of improving the efficiency of traffic flow at this intersection.
Commissioner Richards moved; seconded by Commissioner Chickering, approval of the proposal from Abonmarche Consultants to complete engineering services on the Napier-Langley Traffic Signal CMAQ Project as described in the proposal received February 2, 2012 in the amount of $34,350. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Mayor Judd and Commissioner Richards. Nays: None. Absent: Commissioner Goff. Motion carried.
Mr. Zebell presented Resolution 12-03, tentatively awarding the 2012 Combined Sewer Overflow Sewer Separation Project construction contract:
City of St. Joseph
Resolution 12-03
A RESOLUTION TO TENTATIVELY AWARD
A CONSTRUCTION CONTRACT
FOR WASTEWATER SYSTEM IMPROVEMENTS
WHEREAS, the City of St. Joseph wishes to construct improvements to its existing wastewater treatment and collection system; and
WHEREAS, the wastewater system improvements project formally adopted on June 6, 2011, will be funded through Michigan's SRF Program; and
WHEREAS, the City of St. Joseph has sought and received construction bids for the proposed improvements and has received a bid in the amount of $182,739.31 from B&Z Company; and
WHEREAS, the project engineer, Abonmarche Consultants, Inc., has reviewed the bids and found all bidders to be qualified.
NOW THEREFORE BE IT RESOLVED, that the City of St. Joseph tentatively awards the contract for construction of the proposed wastewater system improvements project to B&Z Company, contingent upon successful financial arrangements with the SRF Program.
Commissioner Garey moved; seconded by Commissioner Richards, approval of Resolution 12-03, tentatively awarding the 2012 Combined Sewer Overflow Project construction contract to B&Z Company, contingent upon successful SRF funding in the amount of $182,739.31, as presented. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Mayor Judd and Commissioner Richards. Nays: None. Absent: Commissioner Goff. Motion carried.
Water Plant Superintendent Greg Alimenti presented a proposal from Peerless Midwest to rebuild Water Plant #3 high service pump at a cost of $15,700. He stated that Peerless had discovered the badly pitted impeller upon inspection at their facility; he recommended that Peerless be allowed to complete the rebuild based on his prior experience with the firm. He further stated that the repair was a budgeted item which had been approved by the Water Services Joint Operating Board at their regular meeting in January.
Commissioner Richards moved; seconded by Commissioner Garey, approval of a proposal from Peerless Midwest to rebuild Water Plant #3 high service pump at a cost of $15,700. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Mayor Judd and Commissioner Richards. Nays: None. Absent: Commissioner Goff. Motion carried.
There being no further business, Mayor Judd at 6:50 p.m. moved to adjourn.
Mayor
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