Motion by Boddy, seconded by Sucher, to excuse Council Member Howle from tonight s meeting.

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MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF GROSSE POINTE WOODS HELD ON MONDAY, MARCH 1, 2010, IN THE COUNCIL-COURT ROOM OF THE MUNICIPAL BUILDING, 20025 MACK PLAZA, GROSSE POINTE WOODS, MICHIGAN.

The meeting was called to order at 7:34 p.m. by Mayor Novitke. Roll Call: Mayor Novitke

Council members: Boddy, Bryant, Granger, McConaghy, Sucher

Absent: Howle

Also Present: City Administrator Wollenweber City Attorney Chip Berschback City Clerk Hathaway

Director of Public Works Ahee City Engineer Lockwood

Motion by Boddy, seconded by Sucher, to excuse Council Member Howle from tonight’s meeting.

Motion carried by the following vote:

Yes: Boddy, Bryant, Granger, McConaghy, Novitke, Sucher

No: None

Absent: Howle

The following Commission members were in attendance: George McMullen, Board of Review

Gerry Hilton, Beautification Commission Doug Hamborsky, Planning Commission Dennis Hyduk, Beautification Commission Lee Allcut, Board of Canvassers

Tom Fahrner, Mayor’s Mack Avenue Business Study Angelo DiClemente, Beautification Commission

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Motion carried by the following vote:

Yes: Boddy, Bryant, Granger, McConaghy, Novitke, Sucher

No: None

Absent: Howle

Sandy Waeiss, Communications Coordinator, was presented with the Michigan Recreation and Park Association – Marketing Award Video.

Hearing no objections, the Mayor took Agenda Items 10A and 10B, Proclamations, out of order.

Motion by Granger, seconded by Boddy, regardingproclamations for Matthew Warnez – Eagle Scout, and Guild of St. John Hospital and Medical Center, that the City Council voice no objections to the issuance of these Mayoral Proclamations.

Motion carried by the following vote:

Yes: Boddy, Bryant, Granger, McConaghy, Novitke, Sucher

No: None

Absent: Howle

Matthew Warnez was presented with a proclamation in recognition of attaining the rank of Eagle Scout.

Hearing no objections, the City Council Minutes dated February 22, 2010, were approved as amended.

Motion by Bryant, seconded by McConaghy, regarding Legal Proceedings: Michael Pokladek vs. Grosse Pointe Woods, that the City Council refer this item to the City Attorney, City Treasurer/Comptroller, and the City’s Insurance Carrier.

Motion carried by the following vote:

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Motion by Boddy, seconded by Granger, regarding Wayne County Local Community Support Plan Update, that the City Council authorize the Mayor to sign the Support Emergency Operations Plan for the City of Grosse Pointe Woods dated February 19, 2010, and that a copy be forwarded to Wayne County and Director of Public Safety, and that the City Administrator provide the appropriate information to the City Attorney to ensure everything is in order.

Motion carried by the following vote:

Yes: Boddy, Bryant, Granger, McConaghy, Novitke, Sucher

No: None

Absent: Howle

Motion by McConaghy, seconded by Boddy, regarding Financial Advisor Agreements – Mesirow Financial, Inc., that the City Council approve the Financial Advisor Agreements between the City of Grosse Pointe Woods, Michigan, and Mesirow Financial Inc. for a total amount not to exceed $3,000.00 specifically to the first contract and to authorize the City Administrator to sign the agreement to be reimbursed to the City from the Drinking Water Revolving Fund, and to modify Section IV, Paragraph 2, as the Mayor indicated specifically to hold harmless and indemnify for errors and omissions, as follows:

o By deleting, “The City Agrees to hold harmless the Financial Advisor due to the fact the Financial Advisor has not and will not independently verify the completeness and accuracy of the information provided to Standard & Poor’s Rating Services, a division of the McGraw Hill Companies, Inc., for the BAN or and to indemnify Financial Advisor for acts and omissions of the City, its representatives or its employees.”;

o And inserting, “Due to the fact that the Financial Advisor does not and will not independently verify the completeness and accuracy of the information provided to Standard & Poor’s Rating Service (a division of the McGraw Hill Companies, Inc.) for the BAN, the City agrees to indemnify and hold the Financial Advisor harmless for the acts and omissions of the City, its representatives or its

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Yes: Boddy, Bryant, Granger, McConaghy, Novitke, Sucher

No: None

Absent: Howle

The City Council then discussed the second Agreement - Financial Advisor Agreements – Mesirow Financial, Inc. The Mayor directed the City Attorney to provide the basis for the charge ($7,000.00) and suitable reciprocal hold harmless indemnification language.

Motion by McConaghy, seconded by Bryant, regarding the second Financial Advisor Agreement – Mesirow Financial, Inc., that the second Agreement return to the City Council after the City Attorney has an opportunity to further explore a reciprocal indemnity agreement as indicated by the Mayor.

The Mayor directed the City Attorney to further advise the Council regarding confidential information being suitably protected.

Motion carried by the following vote:

Yes: Boddy, Bryant, Granger, McConaghy, Novitke, Sucher

No: None

Absent: Howle

Motion by Boddy, seconded by Bryant, regarding authorization to Anderson, Eckstein & Westrick to prepare bid specifications, that the City Council authorize the City Engineer to go out for bids for Drinking Water Revolving Fund funding for projects including water meters and related software at $1.1 million, water main replacement at $3.249 million, and to prepare specifications for work on eleven streets including Hollywood, Ridgemont, Hampton, Lochmoor, Sunningdale, Allard (Chester/Bramcaster), Newcastle, Allard (Bramcaster/Mack), Harper Service Drive, Toles, and Anita as listed on the 20 Year Capital Improvement Program, at a cost not to exceed $150,000.00.

Motion carried by the following vote:

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Motion by Boddy, seconded by Bryant, to amend the previous motion by adding, “. . . and expect that the $150,000.00 will be paid from the Drinking Water Revolving Fund.” Motion carried by the following vote:

Yes: Boddy, Bryant, Granger, McConaghy, Novitke, Sucher

No: None

Absent: Howle

Motion by Granger, seconded by Sucher, that the following City Attorney’s statement dated February 24, 2010, be approved for payment:

1. City Attorney Don R. Berschback in the amount of $6,006.26. Motion carried by the following vote:

Yes: Boddy, Bryant, Granger, McConaghy, Novitke, Sucher

No: None

Absent: Howle

Motion by Granger, seconded by Boddy, to receive and place on file the amended billing of Charles T. Berschback revised March 1, 2010, and that the following City Attorney’s statement be approved for payment:

1. City Attorney Charles T. Berschback in the amount of $6,755.00. Motion carried by the following vote:

Yes: Boddy, Bryant, Granger, McConaghy, Novitke, Sucher

No: None

Absent: Howle

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Motion by Granger, seconded by Boddy, regarding Flower Sale advertisements, that the City Council approve an amount not to exceed $250.00 to advertise the Annual Flower Sale (four publications) in the Grosse Pointe News.

Motion by Granger, seconded by Boddy, to amend the previous motion by adding, “. . . and add the Grosse Pointe News as a co-sponsor of the flower sale.”

Motion carried by the following vote:

Yes: Boddy, Bryant, Granger, McConaghy, Novitke, Sucher

No: None

Absent: Howle

Council Member Sucher spoke regarding recent legislation relating to 312 Arbitration that was recently discussed with representatives of the Michigan Municipal League and Representative Timothy Bledsoe, and asked that communities get involved with and support the legislation that will change 312 Arbitration procedures. The City Administrator was directed to work with the City Clerk to provide a suitable resolution. Motion by Sucher, seconded by Boddy, that the Council recess the regularly scheduled Council meeting at 8:21 p.m. and convene in Closed Executive Session for the purpose of discussing legal opinions, pending litigation, and property acquisition at which time the City Council may reconvene in regular session to address additional items as necessary, in accordance with the Open Meetings Act 1976 PA 267.

Motion carried by the following roll call vote: Howle Absent McConaghy Yes Novitke Yes Sucher Yes Boddy Yes Bryant Yes Granger Yes

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Motion by Bryant, seconded by Granger, to authorize the City Administrator and City Attorney to take action as discussed in Closed Executive Session.

Motion carried by the following vote:

Yes: Boddy, Bryant, Granger, McConaghy, Novitke, Sucher

No: None

Absent: Howle

Motion by Granger, seconded by Bryant, to adjourn tonight’s meeting at 9:46 p.m. PASSED UNANIMOUSLY.

Respectfully submitted,

Lisa Kay Hathaway City Clerk

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