|View Agenda for this meeting
REGULAR MEETING OF THE COUNCIL OF THE CITY
Mayor Clark called the meeting to order at7:40 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Clark, Mayor Pro Tem Bononi, Council Members Capello, Csordas, Landry, and Lorenzo
ALSO PRESENT: Rick Helwig, City Manager
Gerald Fisher, City Attorney,
Dave Evancoe, Director of Planning
Nancy McClain, City Engineer
Craig Klaver, Chief Operating Officer
Maryanne Cornelius, City Clerk
APPROVAL OF AGENDA
Member Capello added item #6, to Matters for Council Action. He requested a special committee to work with Mr. Fisher on an Ordinance for Civil infraction fees. Member Lorenzo added to Mayor & Council Issues a request for an update on the Landon Company’s wetland cleanup. Mayor Pro-Tem Bononi added item #7, she would like a discussion on the plan regarding water rates and sewage charges public hearings at Detroit with individual Municipal appointments.
CM-03-01-001 Moved by Csordas, seconded by Capello; MOTION CARRIED:
To approve the agenda as amended.
Vote on CM-03-01-001 Yeas: Clark, Bononi, Capello, Csordas, Landry, Lorenzo
Former State Senator Bill Bullard – Farewell Remarks
Former State Senator Bill Bullard noted the community has spawned three current legislators, one in the Senate, one in the State House and one as a County Commissioner. He has enjoyed representing Novi for the past twenty years. Mr. Bullard has been elected as County Commissioner in District 2 and will be at the district office in Livonia, at the Laurel Park Complex, representing U. S. Congressman McCotter. He stated he would be available for the City’s needs pertaining to Congressional issues on a national level. Congressman Thad McCotter will be in Washington from Monday through Friday and noted he will be active in providing service to the city. Mr. Bullard thanked everyone for everything they have done for him. Mayor Clark noted that when Mr. Bullard was State Representative and State Senator, the residents of Novi were very well served and the community appreciates the efforts expended on their behalf.
Member Capello reported that the Gateway Ordinance subcommittee met at the end of last year. They had given opinions, ideas and drafts of ordinances to Mr. Rod Arroyo. Mr. Arroyo will be responding to the committee in the January and look to be placed on an agenda by mid February.
PRESENTATIONS - None
PUBLIC HEARINGS - None
Mr. Helwig, City Manager noted the City is beginning the year with service pin recognition for 5, 10, 15, 20 and 25 years of service. He displayed a copy of the city employee newsletter with all the photos of those receiving the pins. It is a way to show admiration and respect for the all the years of service and dedication.
DEPARTMENT REPORTS - None
Mr. Fisher reported on the liquor license issuance for the Manhattan Club at 40380 Grand River. The application had been before the Council for a full year resort type license. The Liquor Control Commission had conducted a hearing on this license and originally decided the license should be denied. A re-hearing was held, at the request of the applicant, by the Liquor Control Commission and the decision was reversed with a cautionary notice regarding specific activities and violations. In the event of a violation in the City of Novi, the city has the right to hold a hearing and make a recommendation to the Liquor Control Commission. The City also has the right to review the license at the end of 12 months and make a recommendation to the Liquor Control Commission relative to the licenses’ extension. Another issue is that certain information should have been disclosed to the City, it may have made a difference to the Council in rendering a decision. Mr. Fisher will expedite that examination and report to Council. Mayor Clark noted there may be a need for a special meeting.
Member Lorenzo referred to the original rejection of the application by the Liquor Commission and the current packet had a notice saying the Liquor Control Commission has reversed their decision. She would like to know if the Council has the authority to revoke or rescind the license as this information was omitted. She also asked why the Police Department did not have the same information as the Liquor Control Commission and bring this forward to Council. She asked what is required by ordinance and why the Police Department did not come up with the same information as the Liquor Commission?
Mayor Clark agreed with Member Lorenzo regarding the concerns they have that the important information was omitted and possibly concealed. He thought the City should pursue any and all avenues open to them.
Mayor Pro-Tem Bononi asked regarding the amount of information received, she did not recall a mention of a comedy club and the two principles running the operation were not running it in Novi, other family members would run it and she did not see their names or their background information included. The number of omissions was significant. She also commented, for the benefit of those who have not seen all of the information, the
infractions that the owner was charged with were much worse than topless. If anyone was interested in more details on the infractions, they should contact Mr. Helwig. She asked Council or Mr. Fisher to look into a series of conditions of approval that will decidedly make sure that none of these activities takes place in this location.
Member Capello stated the Liquor Control Commission caught this when they looked at the financing aspects of the transfer of the license. The applicant himself did not appear to have any infractions, it was the financier. He commented perhaps the City’s application should be expanded to reflect this. The financing is more important and is really what drives the license, not the managers.
Mayor Clark stated the application was originally presented to the City as being a supper club with music from the 30’s and 40’s and this is currently not the case.
Mayor Pro-Tem Bononi stated the infractions are, in the language the Commission used to make a determination "that licensee shall not obtain a license for use or benefit of another person whose name does not appear on the license" and the second infraction is the applicant’s management experience in the alcoholic liquor business includes past criminal convictions for crimes involving moral turpitude, violence and alcoholic liquor, whose license was yanked. It is Council’s job to look at this person very carefully who wishes to establish a business in Novi.
Kathleen Mutch, representing Preservation Novi, distributed copies regarding the Barn Again touring exhibition. Novi is one of six host sites selected by the Smithsonian and the first stop on the 2004 Michigan tour, and the only site in the Metro Detroit area. She explained the exhibit would begin in late January and run for approximately six weeks. She stated all who were asked for support generously contributed and matching funds have been met. The planning committee has been focused on youth activities and family events. Listed on the hand out are the members of the people that have been participating. The exhibit will be on display in the atrium of the Novi Civic Center. She asked that anyone who wants to participate in this project should contact her.
Gwen Markham, 45540 Violet Lane, commented on the City Council interviews. She stated she was disappointed at the tone of the interviews and felt that some of the candidates were disrespected or laughed at during the interview process and she asked that Council give every candidate the same consideration.
CONSENT AGENDA: (Background information for Consent Agenda items is available for review at the City Clerk’s Office)
Mayor Pro-Tem Bononi removed the Minutes from December 16, 2002 .
CM-03-01-002 Moved by Bononi, seconded by Lorenzo; CARRIED
UNANIMOUSLY: To approve Consent Agenda items A-2, B,
Roll call vote on CM-03-01-002 Yeas: Clark, Bononi, Capello, Csordas, Landry, and Lorenzo
Approve Minutes of:
December 16, 2002, Regular meeting
December 19, 2002, Special meeting
Schedule Executive Session in the Council Annex immediately following the regular meeting of January 6, 2003 for the purpose of discussing pending litigation.
Approval of Claims and Accounts – Warrant No. 640
MATTERS FOR COUNCIL ACTION – Part I
1. Consideration of Zoning Map Amendment 18.624, request from Detroit Catholic Central, to rezone 60 acres located in Section 18 on the west side of Wixom Road and south of Grand River from OST (Office Service Technology) and I-1 (Light Industrial) to R-1 (One Family Residential).
Father Elmer, President of Catholic Central, thanked Council for the opportunity to request a zoning change. He also thanked the Planning Commission for the change to the Master Plan. Father Elmer stated they were grateful for the opportunity in the City of Novi.
Member Lorenzo’s concern is if they could not raise the funds and they did not build the school, this property would be single family residential. The City needs a non-residential tax base to be able to pay for ourselves as we build out as a City. She gave an instance of the site where Maybury Estates Subdivision is located, a church was supposed to be located there. She asked how much money they still need to raise and how much have they raised thus far and are they committed to using all 60 acres of the property for the school and school associated activities.
Father Elmer stated they have over $20 million in pledges and cash and the sale of the present facilities will be over $5 million, their original goal was $34 million and they are also looking into a tax exempt bond issue. They have an extremely loyal alumni base of over 10,000. They are confident they will move forward. Part of the agreement with the Pellerito’s was if they do not build the school, the land will revert back to them and back
to industrial. Member Lorenzo was concerned Mr. Pellerito could then build single family homes. Father Elmer stated the Planning Commission decision had a provision
that the residential designation would revert back to the original Master Plan description. She stated that serves the Master Plan and not the Zoning. Can there be a condition of
the rezoning or a development agreement where in five years the school is not built and the property reverts back to the Pellerito’s, the previous zoning could be restored? Her only concern is the land use decision.
Mr. Helwig asked Mr. Evancoe to summarize the Planning Commission’s action. Mr. Evancoe stated the Planning Commission expressed the same concern Member Lorenzo had. In the Planning Commission’s motion to approve the R-1 Zoning, they
expressed their intent that if the school does not locate on the property within a five year period, the process would begin to re-zone it back to the original zoning.
Mr. Fisher stated the proviso is an expression of intent which would be forwarded to the Council sitting at the time. It would be contemplated as a rezoning, starting with public hearings and other procedures required for rezoning. Member Lorenzo asked if there is an option of a development agreement or a condition of the rezoning based on the five year term to automatically revert the property back. Mr. Fisher stated in order to reverse that zoning or to some other classification, the entire process has to be undertaken. Council has the option of making a development agreement.
CM-03-01-003 Moved by Lorenzo, seconded by Bononi; MOTION FAILED: To rezone the property with a development agreement that in five years if the school was not built, it would revert back to the OST, Light Industrial zoning.
Member Capello asked if Father Elmer had thought about a development agreement. Father Elmer stated he was not familiar with the agreement, this was not his calling, and their attorney was not available this evening. Member Capello stated the city could initiate a City rezoning and that would be done prior to Mr. Pellerito taking the property back. He was willing to take the chance of rezoning the property without an agreement.
Mayor Clark stated the assumption was it would go back to Mr. Pellerito if it was not built in five years. They already have 20 million in cash and pledges and they look to tax exempt bonds for the remainder. Council has taken the word of other individuals for projects and they have followed through, if we can not take the word of Father Elmer.….. They want to begin construction this year with the doors open for school by 2005.
Father Elmer assured Council this has been a long process for them, they started in March of 1998 with a long range strategic plan. He addressed Member Lorenzo’s concerns about funds and he felt certain they were 99% there. With the wetland and woodland preservation, they had to shoe horn many items in for the development itself. They had to sacrifice a much needed practice field to preserve the wetlands and woodlands.
Member Landry stated he favors the Planning Commission recommendation of the proviso of the rezoning with the expression of intent which indicates the process SHALL
begin for a rezoning if the project is not completed in five years. He too feels no need to put the school through a development agreement.
Mayor Pro-Tem Bononi spoke that this is not an issue of credibility but about the fact that Mr. Pellerito is not Father Elmer. When we start widening the scope of interests and participants in any single land use arrangement, the risks of something going wrong increase. She understood Member Lorenzo’s concern about preserving the underlying
zoning. She believes it is Council’s responsibility that there was not a vehicle to serve this applicant. There are two ways this arrangement can move forward, one being the intent and the other is a development agreement that can be a one page agreement. Either way the interests of the City and applicant will be supported. It is a question of what the applicant would like to do.
Father Elmer stated they wish to stay with proviso.
Roll call vote on CM-03-01-002 Yeas: Bononi, and Lorenzo
Nays: Capello, Csordas, Landry, and Clark
CM-03-01-003 Moved by Csordas, seconded by Capello; CARRIED UNANIMOUSLY: To approve the consideration of rezoning Map 18.624, request from Detroit Catholic Central, to rezone 60 acres located in Section 18 on the west side of Wixom Road and south of Grand River from OST (Office Service Technology) and I-1 (Light Industrial) to R-1 (One Family Residential) with the same proviso as the Planning Commission adopted.
Member Lorenzo proposed an amendment to the motion to include the proviso intent that the Planning Commission recommended.
Roll call vote on CM-03-01-003 Yeas: Capello, Csordas, Landry, Lorenzo, Bononi, and Clark
2. Approval to award bid for Sanitary Sewer improvements along 12 Mile Road to Lawrence M. Clarke in the amount of $331,665.00. (Sandstone settlement)
Mayor Clark corrected the amount of the bid award to $331,365.
CM-03-01-004 Moved by Lorenzo, seconded by Landry; CARRIED UNANIMOUSLY: To award the bid for Sanitary Sewer improvements along 12 Mile Road to Lawrence M. Clarke in the amount of $331,365.
Mayor Pro-Tem Bononi asked Ms. Nancy McClain the proposed date of beginning and completion for the project.
Ms. McClain responded the notice to proceed would be issued later in the week. The project would begin within two weeks with 120 days, from the notice to proceed, to complete the project. Mayor Pro-Tem Bononi stated she has concerns about the bidding process in general. Also she hoped the Engineers have overseen and will continue to oversee with the diligence and vigilance that would require the project come in without cost overruns, or if they exist they are minimal, between three and five percent. She realized there are circumstances that present themselves that must be addressed in a financial way, there seems to be a tradition in doing this, she would like special efforts in seeing this project comes in on price, or under, and on time. Ms. McClain understood the need for the diligence with this project.
Roll Call Vote on CM-03-01-004 Yeas: Csordas, Landry, Lorenzo, Clark, Bononi, and Capello
Mayor Clark asked the Council to complete their ballot for Item #4, the selection of an individual to fill a City Council vacancy, and return the ballots to the City Clerk.
Member Lorenzo asked that they wait until Item #4 to complete Item #4, in the order of business as stated on the Agenda. Mayor Clark replied the procedure was not any different than what has been done in the past for Boards and Commissions, comments can be made at the time Item #4 is before Council. Member Lorenzo stated it was her desire to nominate Ms. Toni Nagy and have a roll call vote, Council may desire to reverse the order of business. Mayor Clark stated the ballot contains the City Seal and the signature of everyone at the Council table and is part of the public record. Member Lorenzo reiterated she feels she has the option of making a motion and would like that option. The Council has never decided on a ballot process and believes she has the right to make the request for an appointment approval and by roll call vote.
CM-03-01-005 Moved by Lorenzo, seconded by Bononi:
To nominate Ms. Toni Nagy for the vacancy on Council.
Member Capello asked the Mayor for a point of order, the issue is not being discussed. Member Lorenzo agreed the issue was out of order. Mayor Clark also agreed it was out of order. Mayor Pro-Tem Bononi suggested abiding by the order of the Agenda and that would resolve the problem. Mayor Clark again asked for members to complete the ballot and pass them to the Clerk. He continued, stating he has no power to nominate anyone, this is by vote with a ballot, the procedure has been known for a long time.
Member Lorenzo disagreed with the Mayor and agreed to follow the order of the Agenda.
Mayor Pro-Tem Bononi asked if the City Attorney could give an opinion on whether the Agenda order can be changed at the discretion of the Chair without adjournment.
Mr. Fisher responded to the procedural question of an item being a departure from the agenda. If the procedure utilized by the Mayor is the norm or policy to conduct appointments in that manner, it is not a departure from the agenda. If the procedure does not represent the norm or policy of Council, it would be a departure from the Agenda. If it is a departure from the Agenda it would require upon objection, a motion by Council.
Mayor Clark stated Mr. Fisher has sat through other elections of Boards and Commission Members with Council, these are by ballot vote. He asked Mr. Fisher’s opinion if this is part of the normal Council policy and procedure. Mr. Fisher answered that it seemed to be the process by which appointments are made by this Council.
Mayor Pro-Tem Bononi commented in Council Rules there is not a stated method, she further cited two instances of appointments to Council where one was by paper ballot on January 2001, and one was by motion and roll call vote on December 1996. In the absence of a clear definition in Council Rules there is no tradition.
Member Landry stated he did not feel anything on the Agenda was being advanced; all that was being done is the ballots being passed out. When Item #4 comes before them, they can discuss the item and make motions. He felt this was not a departure and is consistent with procedure; this is what Council has done during his term on Council.
Mayor Clark asked that the ballots be marked and sent to the City Clerk to be read at the time it is on the agenda. When they arrive at Item #4, everyone will be free to make comments or motions for the record. He asked that they waste no further time discussing the ballot, just do what they have always done and move on with the agenda.
Member Lorenzo felt there is no norm or policy for appointments; they have been done by both ballot and nomination. She again reiterated that she has put a motion on the floor for Item #4 to appoint Ms. Toni Nagy by roll call vote. Mayor Clark replied that is fine.
Member Capello asked for a point of order. He also asked Mr. Fisher if a motion can be put on the floor two items before the item with the motion is brought up? Mr. Fisher stated the motion should be made at the time the matter is on the Agenda, unless a motion to alter the Agenda is made.
Member Lorenzo stated there was a presumption they were voting by ballot. This was her point in not altering the order of business on the Agenda.
Mayor Clark stated again the ballots indicate who Council is voting for with their signature. He would be happy to accommodate Member Lorenzo’s purposes by having
the City Clerk read aloud the names of the individuals with the number of votes and who voted for whom.
Member Csordas agreed a lot of time was wasted and wished to pass the ballots.
Member Capello asked to begin Item #3 on the Agenda and the first Item under #4 can be the motion if they are going to vote by ballot.
3. Reject the acceptance of two (2) parcels of property owned by Sandstone as parkland in accordance with the Sandstone Settlement Agreement.
CM-03-01-006 Moved by Csordas, seconded by Capello; CARRIED UNANIMOUSLY: To reject the acceptance of two (2) parcels of property owned by Sandstone as parkland in accordance with the Sandstone Settlement Agreement.
Roll Call Vote on CM-03-01-006 Yeas: Landry, Lorenzo, Clark, Bononi, Capello and Csordas
4. Selection of Individual to fill City Council vacancy
CM-03-01-007 Moved by Lorenzo, seconded by Bononi; MOTION FAILED
To approve the nomination and appointment of Ms. Toni Nagy by roll call vote.
Member Lorenzo thanked all applicants for their interviews and the unique and individual experiences brought with them. She explained her selection of Ms. Nagy is based on the well rounded experience she has and her experience on the Planning Commission and how the two are inter-related. She felt her selection would be in the best interest of the city. Ms. Nagy came forward with concerns of her subdivision and worked cooperatively to get the roads in the subdivision paved. Village Oaks and Lakewood were then approved for paving and Ms. Nagy was an advocate for Council responsibility. After the first road bond failed, Ms. Nagy came forward, organized, and served as co-chair and treasurer for a committee that had a successful road bond for the City. During her service on the Planning Commission she has demonstrated a work ethic and thinks of the best interests of the City and that she understands and abides by the ordinances and policies of the City. She communicates well with colleagues and earned the respect of her colleagues as she was named Chair of the Planning Commission. Ms. Nagy was able to communicate to the Planning Commission the importance of the Sandstone settlement need for rezoning and for all those reasons she is the only candidate with enough experience as a Chair and administrator to deal with the City’s administration and Planning Department and could come into this seat and hit the ground running. Also because of these reasons she has shown her commitment to the City of Novi and her commitment to the best interests of its citizens. She wants this position by coming forward and interviewing with Council and Member Lorenzo believes Ms. Nagy is the
best qualified. There has been speculation in the community that Ms. Nagy would not be appointed perhaps because of personal grudges by Council. This may have been demonstrated at the interview meetings by former Member DeRoche. She also stated there is speculation in the community that Ms. Nagy will not be appointed because other Members of Council, the gentlemen, perhaps do not want another woman to sit on the Council. She stated it is not the same to support a lady to sit as a peer on the City Council.
Mayor Clark responded by stating he had no grudges for the candidate Member Lorenzo supports as he nominated her to the Planning Commission. He would stand on his record as Mayor of the City in terms of appointments he has made in the past and he takes great personal umbrage at the innuendo in that regard.
Member Csordas commented he felt very offended by the comments made by Member Lorenzo. He did not believe any male sitting on the Council would judge a candidate based on their sex. Mayor Pro-Tem Bononi asked for a point of order, she stated they can not impugn the motivations of other Council members by their own rules and Robert’s Rules. Member Csordas stated he would not sit there and be offended by false statements, he feels it had turned into a huge political issue.
Mayor Pro-Tem Bononi stated that every issue brought forward at the table bears comment and honest scrutiny, not only about their motivations but how they do business and how the residents observe Council doing business. Before she decided to run for Council, she sought information from residents about running for election and was told by at least five people it was a good thing she was running that year because she would be the second woman, we do not elect three. She has heard many statements by responsible members of the community and she has shared them with Mayor Clark. She was concerned about three things. She does not feel the Mayor was interested in such comments being made about himself or this Council. She stated that once they are raised, they are out of Pandora’s box and that Council addresses them. When faced with a matter of discrimination not long ago, Council stated that is not what the City of Novi is about. It is a great concern to her, so to suggest that matter is not worthy of being discussed, it is there to be discussed, at the Council table or in the Administration. If we have a quota, think about it, if she were the third person running, she would have been it.
Mayor Clark noted one third the City’s Mayors were women and they were the longest office holders. He agreed with Mayor Pro-Tem Bononi about the unfortunate rumors circulating in the community. They were started by those not having the best interest of the community at heart. He would hope the politics of personal attacks can be left in Washington where it is on display daily and disgusts him. We are your neighbors, our children go to the same schools, and perhaps we even go to the same churches. He felt it was time for a reality check. When any of us are gone from office for one year, 90% of the residents will not even remember who we were unless it is pointed out to them. He hoped that everyone in this community believed in the concept; that when you elect people as your representatives that they are entitled to exercise their own independent judgment and when their judgment does not agree with another’s point of view or philosophy, do not ascribe to his or her dark and nefarious motives. Partisanship has
taken precedence over everything else; in his opinion this is what is wrong with the country. He hoped this Council can be above that.
Roll Call Vote on CM-03-01-007 Yeas: Lorenzo, and Bononi
Nays: Clark, Capello, Csordas, and Landry
CM-03-01-008 Moved by Lorenzo, seconded by Bononi; MOTION FAILED: To nominate anyone for Council by a roll call vote.
Mayor Clark restated he does not have a problem having the ballots read aloud, even though it violates the sanctity of everything Democracy stands for.
Member Lorenzo felt it should continue to be an open government with open nominations and discussions. She would ask that everyone else at the table to be able to do the same.
Member Capello stated in his view, the purpose of the vote by ballot was to prevent embarrassment of those whose names did or did not come up and to prevent embarrassing comments. The ballot is to protect the citizens who have voluntarily come forward for any appointment. He will continue supporting the ballot vote. He also does not have a problem with his ballot being read aloud.
Member Landry agrees with the previous speaker and stated that to vote on a person who will join the body which is voting on them, it is unfair to vote no and then have to sit next to them and deal with them. He stated the appropriate thing was to use a secret ballot; he reminded Council the ballots are public information or anyone can call him and he will tell who he voted for. He did not feel there were any preconceived candidates. One candidate has to obtain a majority vote. It is a matter of what is appropriate and polite. He cannot support the motion.
Mayor Pro-Tem Bononi stated if Council wanted to decide what appropriateness is, appropriateness questions can be resolved by having policies contained in the Council Rules. Council does not have this policy. She referred to the Council meeting, dated December 2, 1996, wherein Councilman Ed Kramer was voice nominated. There was nothing rancorous in the minutes that indicated anyone was treated disrespectfully. It takes a certain kind of person willing to seek an appointment or run for political office. She does not feel anyone she has run into is a sissy. Furthermore, stated in the Minutes, two Council members spoke about this being decided ahead of time and allegations of the matter were not brought in the open and the matter could have been discussed more honestly and forthrightly. The matter came to a vote. She noted two of the members voted against the appointment of the Council person who was appointed. The business was done in public and no one was insulted. She believes the openness to the public is the reason that at least three of them currently sit on Council. People who live in the community want to see the people’s business done and done in a
forthright manner. There is nothing to hide, no ones’ feelings to consider, let Council just get on with it and do it.
Roll Call Vote for CM-03-01-008 Yeas: Bononi, and Lorenzo
Nays: Clark, Capello, Csordas, and Landry
CM-03-01-009 Moved by Capello, seconded by Csordas; CARRIED UNANIMOUSLY: To vote by ballot, each individual Council person marks their ballot, folds it and passes the ballot to the City Clerk.
Amended Motion by Member Lorenzo
CM-03-01-009 Moved by Capello, seconded by Csordas; CARRIED UNANIMOUSLY: To vote by ballot, each individual Council person marks their ballot, folds it and passes the ballot to the City Clerk who then reads each ballot out loud.
Mayor Pro-Tem Bononi asked that the ballots be placed on the overhead projector by the City Clerk.
Member Capello would not accept this.
Roll Call Vote on CM-03-01-009 Yeas: Capello, Csordas, Landry, and Clark
Nays: Bononi and Lorenzo
The vote was read by the Maryanne Cornelius, City Clerk, as follows:
Member Capello Mav Sanghvi
Member Csordas Mav Sanghvi
Mayor Clark Mav Sanghvi
Mayor Pro-Tem Bononi Mav Sanghvi
Member Landry Mav Sanghvi
Member Lorenzo Mav Sanghvi
Mav Sanghvi was unanimously appointed to City Council.
5. Appointments to fill two (2) vacancies on Housing and Community Development Committee.
Mr. Craig Klaver explained the opening was because a member had not resigned officially, even though he no longer lived in Novi. At the time of the original ballot there were only two vacancies and it should have been three. One appointment has been filled, with two vacancies left.
Member Capello asked how they can identify who they voted for to fill the new term and for the vacancy.
Maryanne Cornelius, City Clerk, explained Mr. Ross has been serving on the HCD advisory committee for some time, and Mr. Vahlbusch recently interviewed with Council. If Council wishes they can mark N for new and P for partial after the name.
6. Member Capello asked for a committee of himself and Member Landry to work in conjunction with Mr. Fisher to draft an ordinance so the City may collect fines for Civil and Criminal infractions to recoup some of the cost the City has been incurring as a community.
Member Capello explained when the City’s Zoning Officers, Police, and Prosecutors do their work, we are paying all of the costs. As the court puts the violators into their system, they are fined. Very few of these dollars are filtered back to the City. They go to the County, the Library, and the Community College. When he has sat in court, he has noticed that judges have assessed fines where Municipalities are getting reimbursed for some of the expenses they incur. Member Capello feels Novi needs to adopt an ordinance of this fashion either included in the judges sentence or to pursue it as a civil infraction. Mr. Landry has provided a state statute, which allows the City can create these ordinances. Because he and Mr. Landry practice in court they are familiar with the process. Mr. Fisher is also familiar with the process. Member Capello stated a draft of the ordinance could be in front of the Council in less than thirty days to expedite the matter.
CM-03-01-010 Moved by Csordas, seconded by Landry; CARRIED UNANIMOUSLY: To appoint Member Capello and Member Landry to an Ad Hoc Committee with the direction of Mr. Fisher to bring an ordinance back to Council for Civil and Criminal infraction fines to be collected by the City.
Mayor Pro-Tem Bononi asked if this would be at cross purposes or duplicative of the work that is going on in Ordinance Review. She noted Officer Cindy Uglow was in the audience and thought Ordinance Review had requested Officer Uglow to submit an outline for what she is looking for in an ordinance they are working on.
Mr. Fisher felt they were speaking of two different areas of discussion. His understanding from the motion is what they are primarily speaking of is reimbursement of costs incurred in connection with OUIL violations. That is a separate statute and ordinance. His office has drafted them for other communities and can put one together, working with the Committee post haste.
Member Bononi asked if this would be an ad hoc committee? Mr. Fisher answered yes.
Member Landry stated that if Ordinance Review would prefer to do this, he has no objection; they were only offering their expertise. This is a way to insure that the city gets the full funds back.
Member Lorenzo felt this was a duplicate action and would be best served by the Ordinance Review. They could just give the information to the Committee and Mr. Fisher.
Roll Call Voter for CM-03-01-010 Yeas: Capello, Csordas, Landry, Lorenzo, Clark, and Bononi
7. Water and sewer charges – who will represent us at the public hearing at Detroit Water and Sewer with regard to the rate schedule.
Mayor Pro-Tem Bononi asked Mr. Helwig who would represent the City at the Public Hearing and further who will represent the City at the opportunity we have for individuals or groups to make oral presentations or submit prepared statements with regard to our rate schedule.
Mr. Helwig stated that Mr. Benny McCusker, Director of Public Works and Ms. Kathy Smith-Roy, Director of Finance would represent the city at these proceedings. He selected these persons because there are both operational and financing issues.
Carol Crawford – Beck Road, she recalled speaking to the Council at the same time last year as she felt it was 4-3 vote on every issue, how was she to know that would be the best time in Council’s history. She stated that if the concern is about politeness, Member Capello should have spoken up when Mr. DeRoche was not very kind to the first three candidates. She stated that even Mayor Clark was obvious in his feelings. She stated that while the vote is 4-2 it is always against the women and that was how it came across to the viewers on television. She stated that the Doctor who was appointed will have a difficult time not going along with the other men on Council. She suggested that everything be leveled, hand the keys for the city to Blair Bowman and do not bother to say no or ask questions of any developer that comes here and that is her recommendation for ending Council meetings early. The good of Novi is her and other people’s goal and who have not received what they have asked for. She felt there must be a way in the next election that we can find a way to have candidates who care about the citizens, our taxes, our roads and no more with the development.
Mayor Clark stated that while he chaired the meetings, Member Lorenzo would agree she has always been able to express her opinion.
David Ruyle, thanked Council for giving him the opportunity to interview for Council. He restated that he will not disappear; he has a job to do here, he loves this City, and supports the City and the Council Members. He congratulated Mav Sanghvi and stated he has ten months to do the job and prove himself.
Sanford Green, representative of Novi Promenade Associates, the developer of the Novi Promenade at Grand River Ave. and Wixom Roads. He was present to discuss the materials dumped in the wetlands on their property many years ago. They are committed to finding an equitable solution to the problem that meets the needs of all the affected parties. He further stated they originally received all wetland permits from the City of Novi and Department Environmental Quality and are in full compliance with the permits. At the time the permits were
issued, they were all aware of the materials dumped there and but at no time did they dump or permit dumping on this property since they took ownership in the 1960’s. The dumping
occurred in a remote wooded area. They were unaware of the dumping until about fifteen months ago, but based on a desire to be good citizens of the community, they have agreed to cleanup the dumped materials. Given the amount of materials and the length of time the materials have been on the site, an appropriate cleanup will be a complicated process. They are acting with city, State officials, engineers and wetlands experts to reach a resolution. They are actively working on this and appreciate the efforts of Mr. Helwig and Mr. Pearson and other
Novi staff and plan to sit down with staff in the next month or two and lay out a plan that will work and to show they are committed to cleaning it up.
Mayor Pro-Tem Bononi asked what permitting is requested from the Michigan Department of Environmental Quality? Mr. Green stated they need a signoff for any disturbance of what is there now; they have to present a plan and have it signed off. Mayor Pro-Tem Bononi asked who the developer has met with at the Michigan Department of Environmental Quality? Mr. Green replied Mary Vanderlaan from the Livonia office. The Michigan Department of Environmental Quality is waiting for a detailed plan. Mayor Pro-Tem Bononi asked if whatever they presented to the Michigan Department of Environmental Quality to present it to the City Clerk so she can copy it for Council so they can be aware of the progress.
Member Lorenzo hoped that it would be a 30 day goal.
MATTERS FOR COUNCIL ACTION – Part II
CONSENT AGENDA REMOVALS FOR COUNCIL ACTION: (Consent Agenda items, which have been removed for discussion and/or action)
Mayor Pro-Tem Bononi asked for corrections to Item A1, the Meeting Minutes of December 16, 2002. On page 3, second paragraph, please add Phase I or Phase II report for the two potential properties of acquisition, after the word the and before report. On page 5, third paragraph, add the word landscape between register and architect and page 9, third paragraph, add review process after City’s and before in full.
CM-03-01-011 Moved by Capello, seconded by Bononi; CARRIED UNANIMOUSLY: To approve the Corrected Minutes of December 16, 2002
Roll Call Vote on CM-03-01-011 Yeas: Landry, Lorenzo, Clark, Bononi, Capello and Csordas
MAYOR AND COUNCIL ISSUES
Setting new date for City Council goals discussion (originally set for Saturday morning November 16, 2002). – added by Mayor Pro-Tem Bononi.
Mayor Pro-Tem Bononi stated she brought this forward because it had not been rescheduled yet and also asked to insert a discussion about policy issues that are unaddressed. One of which was Council Rules and other matters such as development agreements and many other things that Council keeps tripping over. She is looking for a twofold meeting, not only the City
Council goal discussion but also policy issue discussion. Mayor Pro-Tem Bononi suggested Saturday, February 8, 2003 from 9 a.m.-12 Noon. Council consensus was to set a meeting for that date and time.
AUDIENCE PARTICIPATION - None
Council recessed at 9:47 p.m.
Council reconvened at 10:05 p.m.
Mayor Clark stated they have discussed the pending litigation at the Federal District Court in Detroit entitled Adam A. Shoucair vs. City of Novi and Aaron Poyer – a recommendation has been made to resolve the matter for the amount of $6,000. Mayor Clark stated Mr. Fisher is seeking authorization from Council on this matter.
CM-03-01-012 Moved By Bononi, seconded by Landry; CARRIED UNANIMOUSLY: For Council to authorize the payment of $6000 to resolve the matter of (Adam A. Shoucair vs. City of Novi and Aaron Poyer presently pending in the Federal District Court in Detroit.)
Roll Call Vote on CM-03-01-012 Yeas: Landry, Lorenzo, Clark, Bononi, Capello and Csordas
Member Capello asked Administration let the Police Department them know that Council supports them and in know way should this be an indication that they thought there was any wrong doing on their part.
Letter from Brenda Morgan Re: Cab service
Letter from Joseph G. Toth Re: Letter of Recommendation
Letter from Debra Phillip Re: Vacation of Owenton
There being no further business to come before Council, the meeting was adjourned at 10:07 P.M.
Richard J. Clark, Mayor Maryanne Cornelius, City Clerk
Transcribed by Susan E. Blumer
Date Approved:__January 27, 2003