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October 6, 2011
MINUTES OF REGULAR ROMULUS CITY COUNCILMEETING
SEPTEMBER 26, 2011
Romulus City Hall Council Chambers, 11111 Wayne Rd. Romulus, MI 48174
The meeting was called to order at 7:30 p.m. by Mayor Pro-Tem LeRoy D. Burcroff.
Present:
John Barden, LeRoy Burcroff, Linda Choate, William Crova, Celeste Roscoe, William
Wadsworth, Eva Webb.
Administrative Officials in Attendance:
Alan R. Lambert, Mayor
Ellen L. Craig-Bragg, Clerk
Stacy Paige, Treasurer
1. Moved by Crova, seconded by Barden to accept the agenda as presented.
Roll Call Vote: Ayes
- Barden, Burcroff, Choate, Crova, Roscoe, Wadsworth, Webb.
Nays
- None
Motion
Carried Unanimously.
11-261 2A.
Moved by Wadsworth, seconded by Webb to approve the minutes of the regular meeting
of the Romulus City Council held September 12, 2011.
Roll Call Vote: Ayes
- Barden, Burcroff, Choate, Crova, Roscoe, Wadsworth, Webb.
Nays
- None
Motion Carried Unanimously.
4.
Moved by Barden, seconded by Crova to accept the chairperson's report.
Roll Call Vote:
Ayes - Barden, Burcroff, Choate, Crova, Roscoe, Wadsworth, Webb.
Nays
- None
Motion Carried Unanimously.
11-262 5A.
Moved by Crova, seconded by Barden to award Bid 11/12-02 for the acquisition of a
universal sensor for water leak detection equipment for the City of Romulus Department of Public
Works to the lowest bidding company, SLC Meter Service, Inc. in the amount of $14,970.00.
Roll Call Vote: Ayes
- Barden, Burcroff, Choate, Crova, Roscoe, Wadsworth, Webb.
Nays
- None
Motion Carried Unanimously.
11-263 5B.
Moved by Wadsworth, seconded by Roscoe to award Bid 11/12-04 to establish unit pric-
ing for cold patch for the six month period starting October 1, 2011 to the two qualifying companies,
Barrett Paving Materials in the amount of $98.45 per ton pickup price and Ajax Materials
Corporation in the amount of $98.50 per ton pickup prices.
Roll Call Vote:
Ayes - Barden, Burcroff, Choate, Crova, Roscoe, Wadsworth.
Nays
- Webb.
Motion Carried
.
11-264 5C.
Moved by Crova, seconded by Choate to concur with the recommendation of Debra
Hoffman, Finance Director, to introduce Budget Amendment 10/11-33 to recognize the reimburse-
ment and the expenditure for the E-light grant approved with Council resolution 11-103.
FUND/DEPT.
CURRENT
AMENDED
ACCOUNT NO.
ACCOUNT NAME
BUDGET AMENDMENT BUDGET
GENERAL FUND
Revenue
101-3110-512.58-41
DCC Cops Grant Revenue
19,050
19,000 38,050
Expense
101-3110-731.80-16
DCC Cops Grant Expense
19,050
19,000 38,050
To recognized the reimbursement and the expenditure for the
E-light grant approved with Council resolution 11-103
Roll Call Vote: Ayes
- Barden, Burcroff, Choate, Crova, Roscoe, Wadsworth, Webb.
Nays
- None
Motion Carried Unanimously.
11-265 5D.
Moved by Webb, seconded by Barden to concur with the recommendation of Debra
Hoffman, Finance Director, to introduce Budget Amendment 10/11-34 to recognize unanticipated
library separation costs from the Wayne County System through May, 2011.
FUND/DEPT.
CURRENT
AMENDED
ACCOUNT NO.
ACCOUNT NAME
BUDGET AMENDMENT BUDGET
GENERAL FUND
Expense
101-5120-751.77-60
Contr Svcs/WC Library Contract 147,500
27,824
175,324
Fund Balance
101-0000-390.00-00
General Fund Fund Balance 1,226,389
(27,824) 1,198,565
To recognize unanticipated library separation costs from the Wayne County System through May 2011.
Roll Call Vote:
Ayes - Barden, Burcroff, Choate, Crova, Wadsworth, Webb.
Nays
- Roscoe.
Motion Carried.
11-266 5E.
Moved by Wadsworth, seconded by Crova to concur with the recommendation of Debra
Hoffman, Finance Director, to introduce Budget Amendment 10/11-35 to recognize additional build-
ing permit revenue.
FUND/DEPT.
CURRENT
AMENDED
ACCOUNT NO.
ACCOUNT NAME
BUDGET AMENDMENT BUDGET
GENERAL FUND
Revenues
101-3910-511.47-70
Building Dept Permits
300,000
27,824
327,824
Fund Balance
101-0000-390.00-00
General Fund Fund Balance 1,198,565
27,824
1,226,389
To recognize additional building permit revenue.
Roll Call Vote: Ayes
- Barden, Burcroff, Choate, Crova, Wadsworth.
Nays
- Roscoe, Webb.
Motion Carried
.
11-267 5F. Moved by Crova, seconded by Choate to concur with the recommendation of Debra
Hoffman, Finance Director, and respectfully request Council's approval of the FY 2010/2011encum-
brances for supplies and services in the amount of $604,896.44.
Roll Call Vote: Ayes
- Barden, Burcroff, Choate, Crova, Roscoe, Wadsworth, Webb.
Nays
- None
Motion Carried Unanimously
11-268 6A1. Moved by Webb. seconded by Roscoe to approve second reading and final adoption of
amended City of Romulus Code of Ordinances, Chapter 38, Romulus Employee Pension Plan.
CITY OF ROMULUS
APPENDIX B
CHAPTER 38
ROMULUS EMPLOYEES PENSION PLAN
An Ordinance to amend the City of Romulus Code of Ordinances Chapter 38 Romulus Employee
Pension Plan.
THE CITY OF ROMULUS ORDAINS:
Section 1:Short Title
This ordinance shall be known and cited as the Ordinance Amendment Required by the Internal
Revenue Service in 2011 for Plan Qualification under the Amended Romulus Employee Pension
Plan.
Section 2:Sec. 38.1.2(m) of the City of Romulus Employees' Pension Plan Ordinance as restated
effective July 1, 2009 is amended effective July 1, 2009 to read as follows:
(m)
Compensation
means the following:
For all purposes except applying the limitation of Code Section 415, "Compensation" means
for the period in question a Participant's base pay from the City for services rendered,
including
Participant Contributions to this Plan and elective contributions on behalf of the Participant to any
eligible deferred compensation plan described in Code Section 457,
but excluding
bonuses, overtime
pay, Code section 132(f)(4) qualified transportation fringe benefits, any City Contribution made to
this Plan, any contribution made by the City to any other pension, profit sharing, insurance, hospital-
ization or other policy maintained by the City for the benefit of such Participant, and all other extraor-
dinary and unusual payments, provided that for AFSCME Participants, base pay shall be calculated
by multiplying such Participant's hourly rate times eight (8) for each day worked and for each day for
which such Participant is entitled to compensation even though such Participant does not work.
Compensation as defined under this paragraph shall exclude any amount attributable to a period while
the individual in question was not a Participant in the Plan.
For the purpose of applying the limitation of Code Section 415, "Compensation" for a
Limitation Year means the sum of (1) and (2) as follows:
(1)the total earned income, wages, salaries and other amounts actually received
(without regard to whether or not the amount is paid in cash) by the Participant from the City for per-
sonal services rendered in the course of employment with the City, as reportable for federal income
tax purposes,
excluding in any event the following:
(a)contributions to a plan of deferred compensation which are not includable in the employee's
gross income for the taxable year in which contributed, or City contributions under a simpli-
fied employee pension plan to the extent such contributions are deductible by the employee, or
any distributions from a plan of deferred compensation;
(b)amounts realized from the exercise of a nonqualified stock option, or when restricted stock
(or property) held by the employee either becomes freely transferable or is no longer subject to
a substantial risk of forfeiture;
(c)amounts realized from the sale, exchange or other disposition of stock acquired under a
qualified stock option;
(d)other amounts which received special tax benefits, such as premiums for group term life
insurance (but only to the extent that the premiums are not includable in the gross income of
the employee), or contributions made by the City (whether or not under a salary reduction
agreement) towards the purchase of an annuity described in Section 403(b) of the Internal
Revenue Code (whether or not the amounts are actually excludable from the gross income of
the employee);
plus,
(2)the following types of salary deferrals attributable to such Participant;
(a)all elective contributions made under an Internal Revenue Code Section 401(k) plan, an
Internal Revenue Code Section 125 cafeteria plan, a simplified employee pension plan as
defined in Section 402(h)(1)(B) of the Internal Revenue Code, or an Internal Revenue Code
Section 403(b) tax deferred annuity;
(b)all compensation deferred under an eligible deferred compensation plan as defined in
Internal Revenue Code Section 457;
(c)all employee contributions under government plans that are treated as employer contribu-
tions under Internal Revenue Code Section 414(h)(2), including Participant Contributions
picked up and paid by the City under this Plan; and
(d)any amounts not included in taxable income by reason of Section 132(f) of the Internal
Revenue Code.
For purposes of subparagraph 2(a) above, elective contributions made under an Internal
Revenue Code Section 125 cafeteria plan shall include any amounts not available to a Participant in
cash in lieu of group health coverage because the Participant is unable to certify that such Participant
has other health coverage (deemed Internal Revenue Code Section 125 compensation). An amount
shall be treated as an elective contribution made under an Internal Revenue Code Section 125 cafete-
ria plan only if the City does not request or collect information regarding the Participant's other health
coverage as part of the enrollment process for the health plan.
For purposes of applying the Annual Additions limitation set forth in Code Section 415 and
section 38.4.5 of this Plan, Compensation for a particular Limitation Year with respect to a Participant
shall be those amounts actually paid or made available to a Participant within the Limitation Year and
while he is an Employee. Likewise, for other purposes under the Plan, a Participant's Compensation
with respect to a particular period shall mean his Compensation actually paid or otherwise made
available to the Participant during such period and while he is an Employee. Except as otherwise
specifically provided in the following paragraph, amounts accrued but not yet paid shall only be taken
into account when actually paid or otherwise made available.
Notwithstanding the provisions of the preceding paragraph to the contrary, for purposes of
Code Section 415 and Sec. 38.4.5 of this Plan, Compensation determined with respect to any
Participant for any Limitation Year or Plan Year commencing on or after July 1, 2007, shall include
certain post-termination compensation amounts paid to him by the City by the later of: two and one-
half (2-1/2) months after his termination of employment with the City, or by the end of the limitation
year that includes the date of his termination of employment with the City. Such post-termination
compensation amounts shall include amounts that would have been payable to such Participant for
service during regular working hours or outside regular working hours (such as overtime or shift dif-
ferential), commissions, bonuses or other similar amounts, if he had continued in the employment of
the City. In addition, post-termination compensation amounts attributable to accrued bona fide sick,
vacation, or other leave, shall also be recognized as Compensation under the Plan to the extent the
Participant would have been able to use the accrued leave if his employment with the City had con-
tinued.
The annual Compensation of each Participant taken into account for any purpose under the
Plan for any Plan Year or Limitation Year commencing on or after January 1, 2002, shall not exceed
two hundred thousand dollars ($200,000) as adjusted for increases in the cost of living in accordance
with Section 401(a)(17)(B) of the Internal Revenue Code. The cost of living adjustment in effect for a
calendar year applies to the Plan Year or Limitation Year beginning in such calendar year.
If a Plan Year or Limitation Year consists of fewer than twelve (12) months, the Compensation
limit in effect for the calendar year in which such Plan Year or Limitation Year begins shall be multi-
plied by a fraction, the numerator of which is the number of months in the Plan Year or Limitation
Year, and the denominator of which is twelve (12).
Section 38.4.6
Sec. 38.4.6 of the City of Romulus Employees' Pension Plan Ordinance restated effective July 1,
2009 is amended effective July 1, 2009 to add the following new paragraph (g):
(g) Notwithstanding anything in this Plan to the contrary, a Participant shall be one hun-
dred percent (100%) vested in all his Accounts in the Plan on the date he completes the requirements
for Normal Retirement other than termination of employment with the City or Court, as described in
the definition of Normal Retirement Date in Sec. 38.1.2(s) above.
Section 3:Repealer
All ordinances or parts of ordinances in conflict with this ordinance are repealed only to the
extent necessary to give this ordinance full force and effect.
Section 4:Savings
All proceedings pending and all rights and liabilities existing, acquired or incurred at the time
this ordinance takes effect are saved and may be consummated according to the law in force
when they were commenced.
Section 5:Severability
Should any clause, sentence, paragraph, subsection or section of this Article be declared void
or otherwise invalid, for any reason, by any court, such declaration shall not affect any portion
of this Article other than the part specifically declared to be void.
Section 6:Effective Date
This ordinance shall become effective immediately upon publication in the official newspaper.
I, Ellen L. Craig-Bragg, Clerk for the City of Romulus, Michigan, do hereby certify that the forego-
ing is a true copy of an ordinance duly adopted by the Romulus City Council at its regular meeting
held on the 26th day of September, 2011.
Ellen L. Craig-Bragg, Clerk, City of Romulus, Michigan
Attest: ALAN R. LAMBERT, MAYOR
Within forty-five (45) days after the publication of any ordinance duly passed by the Council, a peti-
tion may be presented to the Council protesting against such ordinance continuing in effect. Said
petition shall contain the text of such ordinance and shall be signed by not less than six percent (6%)
of the registered electors registered at the last preceding election at which a Mayor of the City was
elected. Said ordinance shall thereupon and thereby by suspended from operation and the Council
shall immediately reconsider such ordinance.
Roll Call Vote: Ayes
- Barden, Burcroff, Choate, Crova, Roscoe, Wadsworth, Webb.
Nays
- None
Motion Carried Unanimously
11-269 6A2.
Moved by Wadsworth, seconded by Crova to schedule a study session to discuss
Sanitary Sewer Evaluation Study (SSES) on Monday, October 3, 2011 at 6:00 p.m. to be held in the
City Hall Council Chambers, 11111 Wayne Road, Romulus, MI 41874. (Rescinded - See Resolution
# 11-271)
Roll Call Vote: Ayes
- Barden, Burcroff, Choate, Crova, Roscoe, Wadsworth, Webb.
Nays
- None
Motion Carried Unanimously
11-270 6A3.
Moved by Barden, seconded by Wadsworth to schedule a study session to discuss an
open-burning ordinance on Monday, October 3, 2011 at 6:00 p.m. to be held in the City Hall
Council Chambers, 11111 Wayne Road, Romulus, MI 48174.
Roll Call Vote: Ayes
- Barden,
Burcroff, Choate, Crova, Roscoe, Wadsworth, Webb.
Nays
- None
Motion Carried
Unanimously
11-271 6A2.
Moved by Wadsworth, seconded by Crova to rescind resolution number 11- 269 and to
schedule a study session to discuss Sanitary Sewer Evaluation Study (SSES) on Monday, October 10,
2011 at 7:00 p.m. to be held in the City Hall Council Chambers, 11111 Wayne Road, Romulus, MI
48174.
Roll Call Vote: Ayes
- Barden, Burcroff, Choate, Crova, Roscoe, Wadsworth, Webb.
Nays
- None
Motion Carried Unanimously
11-272 6B1.
Moved by Roscoe, seconded by Barden to schedule a study session to discuss third and
fourth quarter investments (January - June, 2011) on Monday, October 3, 2011 at 6:30 p.m. to be held
in the City Hall Council Chambers, 11111 Wayne Road, Romulus, MI 48174.
Roll Call Vote: Ayes
- Barden, Burcroff, Choate, Crova, Roscoe, Wadsworth, Webb.
Nays
- None
Motion Carried Unanimously
11-273 10.
Moved by Webb, seconded by Barden to adopt a memorial resolution for the family of
Thelma Mathews.
Roll Call Vote: Ayes
- Barden, Burcroff, Choate, Crova, Roscoe, Wadsworth,
Webb.
Nays
- None
Motion Carried Unanimously
11-274 11.
Moved by Barden, seconded by Choate to authorize the city treasurer to disburse funds as
listed In Warrant 11-18 in the amount of Seven Hundred Twenty-Two Thousand, Three Hundred
Forty-Three Dollars and Twenty-Seven Cents ($722,343.27).
Roll Call Vote: Ayes
- Barden,
Burcroff, Choate, Roscoe, Wadsworth, Webb.
Nays
- None
Abstain
- Crova.
Motion Carried.
12.
Moved by Wadsworth, seconded by Roscoe to adjourn the regular meeting of the Romulus City
Council.
Roll Call Vote: Ayes
- Barden, Burcroff, Choate, Crova, Roscoe, Wadsworth, Webb.
Nays
- None
Motion Carried Unanimously.
I, Ellen L. Craig-Bragg, Clerk for the City of Romulus, Michigan do hereby certify the foregoing to
be a true copy of the minutes of the regular meeting of the Romulus City Council held on September
26, 2011.
Publish: October 06, 2011
Museum seeks artists
The Plymouth Historical
Museum is now accepting
applications for the Annual
Juried Craft Bazaar sched-
uled for 9 a.m. until 5 p.m.
Dec. 10 at themuseum.
This year applicants are
required to submit three or
four photos of craft items for
judges to determine partici-
pants as there is a limit of
five crafters per category.
Table rentals are $30 each,
and most are 8-feet wide,
although there are some
space variations available.
Admission to the muse-
um and the craft bazaar will
be free that day.
Applications are avail-
able
at
http://tinyurl.com/44phr8c.
Those not accepted will
receive a full refund.
The Plymouth Historical
Museum is located at 155 S.
Main St., one block north of
downtownPlymouth.
Good work
Girl Scout troops in Northville plan to complete
the “100 Acts of Community Service Challenge”
each month leading up to the Girl Scout's 100th
birthday on March 12, 2012. Last month, the
girls collected more than 100 bags of soda can
tabs for Ronald McDonald House. In
September, Silver Springs Brownie Troop 40839
planted 248 flower bulbs at Silver Springs
Elementary school. Girl Scouts Heart of
Michigan invites all girls everywhere to become
Girl Scouts during this 100th anniversary year.
For information, call 1-800-297-2688 (49-
SCOUT) or visit www.gshom.org.