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Sec. 2.52. City officers. The officers of the City shall be assessor, city manager, clerk, director of public safety, finance director, treasurer and the deputies of any of them. Sec. 2-53. Vacancies in office. (a) In cases of a vacancy in office, the absence from the city of an administrative officer or department director, or the inability on the part of an administrative officer or department director to perform the duties of the position due to illness, injury or other reasons, the city manager may designate an interim acting administrative officer or department head or perform personally the functions of the office. (b) In the case of his or her own absence from the city, the city manager may designate an administrative officer or department director to perform the duties of the office of manager. In making such a designation, the city manager shall establish such limitations on the authority of the individual appointed to perform his or her duties as he or she deems appropriate. (c) If the city manager is unable to perform the duties of his or her office due to illness, injury or other reasons, the city council may designate an individual to act as interim acting city manager or may assign the duties of the office to one or more administrative officers or department directors. Sec. 2-54—2.75. Reserved. DIVISION 2. ADMINISTRATIVE OFFICES AND DEPARTMENTS Sec. 2.76. Assessor’s office. The assessor’s office shall be headed by the city assessor who shall have the duties and responsibilities detailed for such office in the City Charter, this code and state statutes. Sec. 2.77. Attorney’s office. The attorney’s office shall be headed by the city attorney who may be either an employee of the city or whose services may be provided pursuant to contract. The duties and responsibilities of the city attorney shall be those detailed for such position in the City Charter, this code, and state statutes. The city attorney shall be charged with overseeing the performance of all legal services of the City including those of legal adviser to the council and to all administrative officers and department directors of the city, and the prosecution of all cases arising out of the violation of the provisions of the city ordinances. The city attorney shall also represent, or provide for the representation of, the city in matters in which the city is interested coming before any court or tribunal and shall perform such other duties as may be required by the council. The city attorney shall be charged with the responsibility for calling to the attention of the council all matters of law affecting the City. Sec. 2.78. Building and Zoning Department. The building and zoning department shall be headed by the building official who shall have the duties and responsibilities detailed for such office in this code and state statutes, including those duties and responsibilities that are included in such uniform codes adopted by reference by the City. The building official shall also have the responsibility for supervising the work of such other employees or contractors employed by the City for the purpose of providing building, plumbing, mechanical and electrical inspection services. Sec. 2.79. Clerk’s office. The clerk’s office shall be headed by the city clerk who shall have the duties and responsibilities detailed for such office in the City Charter, this code and state statutes. Sec. 2.80. Community development department. The community development department shall be headed by the director of community development. He or she shall have the responsibility for city planning, including the development of master plans, housing plans, recreation plans and the like, and for overseeing activities related to economic development, housing development, downtown development and similar activities. In performing his or her duties, the director of community development shall coordinate his or her activities with those of other city departments that have responsibilities related to the planning and development activities with which he or she is engaged. Sec. 2.81. Engineering department. The engineering department shall be headed by the city engineer who shall have the responsibility for performing city engineering services as provided in the City Charter. The city engineer shall have the responsibility for the design and construction of public improvements in the city, except when that responsibility shall have been assigned to another city officer or department director by this administrative plan, and he or she shall have the responsibility for assuring that the public facilities and improvements are maintained in a satisfactory condition. Sec. 2.82. Finance department. The finance department shall be headed by the finance director who shall have the duties and responsibilities detailed for such office in the City Charter, this code and state statutes. Sec. 2.83. Information technology department. The information technology department shall be headed by the director of information technology. He or she shall have the responsibility for providing telecommunications and information systems for all city offices and departments. He or she shall have the responsibility for the acquisition and installation of such telecommunications and computer hardware and software as are necessary to provide for meeting the communication and information needs of the individual offices and departments and the need for communication and information transfer among offices and departments and between the various offices and departments and citizens, suppliers, other government agencies and the like. (a) The manager’s office shall be headed by the city manager who shall have the duties and responsibilities detailed for such office in the City Charter, this code and state statutes and such additional duties and responsibilities assigned to him or her from time to time by the city council. (b) There is hereby established within the manager’s office the employee relations office. The employee relations office shall be headed by the director of employee relations. He or she shall have the responsibility for activities related to the personnel functions of the City including, but not limited to, administration of the civil service plan, development of personnel policies and work rules, negotiation of collective bargaining agreements, overseeing the process of recruiting, hiring, disciplining and terminating employees, and the development and implementation of employee training programs. In performing his or her duties, the director of employee relations shall coordinate his or her activities with those of the city officers and department directors and their subordinates who are charged with the supervision of personnel in their respective offices and departments. Sec. 2.85. Public safety department. (a) The department of public safety shall be headed by the director of public safety who shall have the duties and responsibilities detailed for the offices of police chief and fire chief in the City Charter, this code and state statutes and such other duties and responsibilities associated with management of police, fire and emergency medical response services in the city. (b) The department of public safety shall consist of a police division and a fire and emergency medical response division. (c) The police division shall have the duties and responsibilities detailed for police departments in the City Charter, this code and state statutes. (1) The director of public safety shall promulgate rules for the government of police officers of the city, subject to approval by the city manager, which shall be entered in a book of police division rules and orders and may be amended or revoked by the public safety director upon written notice to and approval of the city manager. Such rules may establish one (1) or more bureaus within the police division. Any such bureau shall be supervised by an officer of the police division who shall be responsible for the particular functions of the police division assigned to the particular bureau by the director of public safety or his designee. It shall be the duty of all members of the police department to comply with such rules and orders while effective. (d) The fire and emergency medical response division shall have the duties and responsibilities detailed for fire departments in the City Charter, this code and state statutes. It shall have also the duties and responsibilities detailed in this code and state statutes for emergency medical response and ambulance departments. (1) The director of public safety shall promulgate rules and regulations for the government of the fire and emergency medical response division, subject to the approval of the city manager, which shall be entered in a book of fire and emergency medical response division rules and which may be amended or revoked by the public safety director upon written notice to and approval of the city manager. It shall be the duty of all members of the fire and emergency medical response division to comply with such rules and orders while effective. Sec. 2.86. Public utilities department. The public utilities department shall be headed by the director of public utilities who shall have the duties and responsibilities detailed for water and wastewater utilities in the City Charter, this code and state statutes. Sec. 2.87. Public works department. The public works department shall be headed by the director of public works who shall have the duties and responsibilities detailed in the City Charter, this code and state statutes associated with the repair and maintenance of streets, parks and public buildings and grounds of the City and for such other public services that shall be designated from time to time by the city council to be performed by the department. Sec. 2.88. Treasurer’s office. The treasurer’s office shall be headed by the city treasurer who shall have the duties and responsibilities detailed for such office in the City Charter, this code and state statutes. Sec. 2.89—2.100. Reserved. DIVISION 3. ADMINISTRATIVE POLICY AND PROCEDURE Sec. 2-101. Department heads. All administrative officers and department directors are responsible to the city manager for the effective administration of their respective departments and offices and all activities assigned to them. The city manager shall employ or appoint all officers, directors and employees except as otherwise provided by the City Charter or this code. The city manager may set aside any action taken by any administrative officer or department director and may supersede such officer or director in the functions of the office or department, but as to officers appointed by the council such action shall be subject to approval by the council. Sec. 2.102. All departments. All offices and departments of the City shall comply with the following: (1) All administrative officers and department directors shall keep informed as to the latest practices in their particular field and shall inaugurate, with the approval of the city manager, such new practices as appear to be of benefit to the service and to the public. (2) Reports of the activities of each office or department shall be made to the manager as the manager directs. (3) Each administrative officer or department director shall be held responsible for the preservation of all public records under the officer’s or director’s jurisdiction. No public records, reports, correspondence or other data relative to the business of any office or department shall be destroyed or removed permanently from the files except in accordance with record retention policies and procedures approved by the city council. (4) Each administrative officer or department director shall be held responsible for the buildings, facilities, equipment, vehicles, tools and other assets falling under his or her jurisdiction or control. He or she shall take such steps as are consistent with prudent management practice, subject to the approval of the city manager, to safeguard such assets and to provide for necessary maintenance, repair and replacement of such assets, within budget allowances therefore, so as to insure the capacity within his or her office or department to perform the duties and responsibilities for which such assets are designed to be used. Sec. 2.103. Assigned duties; rules and regulations. (a) In addition to the duties and responsibilities provided for in the Charter, this code, or state statutes, administrative officers and department directors shall be responsible for such other duties and responsibilities that might be assigned to them from time to time by the city manager. (b) Provisions of this article describing the duties and responsibilities of administrative officers and department directors provided for in the Charter, this code or state statutes shall be interpreted to include such additional duties and responsibilities as are included in rules, regulations, policies and procedures promulgated pursuant to the provisions of the Charter, this code or state statutes. Sec. 2.104. Payment of moneys. All moneys belonging to the City shall be paid out upon presentation of a valid invoice and purchase order approved and signed by the city manager by checks drawn by the city clerk or the clerk’s deputy.
The mayor shall sign, the city clerk shall attest to, the city manager shall approve as to substance, and the city attorney shall approve as to form, all contracts and agreements requiring the assent of the city, unless otherwise provided for by law, the Charter or the provisions of this code. Sec. 2.106. Bonds. Surety bonds, conditioned as required by section 4.8 of the Charter, shall be filed by the following officers of the City in not less than the amounts indicated:
Sec. 2-107 – 2.115. Reserved. DIVISION 4. MUNICIPAL ORDINANCE VIOLATIONS BUREAU Sec. 2.116. Municipal ordinance violations bureau – established. The City hereby establishes a municipal ordinance violations bureau (referred to hereafter in this division as “bureau”) as authorized by Act No. 236 of 1961, Section 8396, to accept admissions of responsibility for municipal civil infractions in response to municipal civil infraction violation notices issued and served by authorized City officials, and to collect and retain civil fines and costs as prescribed by this code or any ordinance. Sec. 2.117. Same – location; supervision; employees, rules and regulations. The bureau shall be located in the police division of the public safety department, and shall be under the supervision and control of the director of public safety. The director of public safety may adopt rules and regulations for the operation of the bureau, subject to the approval of the city council, and appoint any necessary qualified City employees to administer the bureau. Sec. 2.118. Same – procedures. The bureau shall follow and apply those procedures specified in Act No. 236 of 1961. Sec. 2-119. Authorized city officials. All officers of the police division of the department of public safety shall be considered authorized city officials pursuant to Act No. 236 of 1961. Sec. 2-120 – 2-215. Reserved. Section 2. This ordinance shall take effect on May 23, 2004. Section 3. This ordinance may be purchased or inspected in the City Clerk’s office Monday through Friday between the hours of 9:00am and 5:00pm. Motion supported by Mayor Pro-Tem Osika. Roll Call Vote. AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson, Sumrack and Mayor Davis. NAYS: None.
CITIZEN COMMENTS Bob Springsdorf, 515 Brandon Street, commented in support of the Parks and Recreation Commission. He also questioned why Owosso City ambulances are responding to calls in Perry. Fire Chief John Kenney explained the mutual aid agreement the City has with other emergency response units in the County. Avery Weaver, 418 West State Street, Corunna, announced his candidacy for State Representative for our district. Matthew Harvey, 1398 North Hickory Street, commented regarding the hiring of the deputy police chief. Betty Coon, 1204 Palmer Street, commented in opposition to an administrative fee for collecting taxes. Mrs. Coon also commented regarding the SATA millage proposal. Sam Burwell, 314 West Mack Street, Corunna, announced his candidacy for Shiawassee County Drain Commissioner. Henrietta Sparkes, Sixth District County Commissioner, announced that the County will be conducting a one-time household hazardous waste collection this summer. She also announced that she is running for re-election as a County Commissioner. Burton Fox, 216 East Oliver Street, commented regarding his concerns with SATA financing. He announced that his program on Friday will be about SATA with representatives from SATA available to answer questions.
CONSENT AGENDA Motion by Councilperson Ford to approve the Consent Agenda as follows: Set Public Hearing-2004-2005 City Budget. Set required Public Hearing pursuant to Chapter 8 of the City Charter for May 3, 2004 to receive citizen comment regarding proposed 2004-2005 City Budget. Contract Payment. Authorized Contract Payment No. 17 to J.R. Heineman & Sons, Inc. in the amount of $39,049.90 for work completed for the Water Treatment Plant Project in March 2004. Bid Award. Accepted low bid from Fisher Chippewa Redi-Mix for concrete to be used in the 12’ concrete walls for the DPW Salt Barn in the total amount of $13,650.00. Bid Award. Accepted alternate bid from Michigan First Responders for one (1) McCoy-Miller 2003 E-450 ambulance in the amount of $85,743.00. Permit Request. Authorized request from the Owosso Memorial VFW Post 9455 to conduct their annual Buddy Poppy drive May 6-8, 2004 in downtown Owosso. Warrant No. 292. Accepted Warrant No. 292 as follows:
Motion supported by Councilperson Robertson. Roll Call Vote.
NAYS: None.
ITEMS OF BUSINESS STANDARD STREET LIGHTING CONTRACT CHANGE Motion by Councilperson Owen to adopt the following resolution: RESOLVED, that it is hereby deemed advisable to authorize Consumers Energy Company to make changes in the streetlighting service as provided in the Standard Streetlighting Contract between the Company and the City of Owosso, dated 04-01-1977, in accordance with the Authorization for Change in Standard Streetlighting Contract dated as of March 21, 2004, heretofore submitted to and considered by this Council; and RESOLVED, further, that the Mayor and City Clerk be and are authorized to execute such authorization for change on behalf of the City. Exhibit A AUTHORIZATION FOR CHANGE IN STANDARD STREETLIGHTING CONTRACT Consumers Energy Company is hereby authorized as of the 21st day of March, 2004, by the City of Owosso, to make changes, as listed below, in the streetlighting system(s) covered by the existing Standard Streetlighting Contract between the Company and the City of Owosso, dated 04-01-1977. □Customer-Owned Streetlight System ■Company-Owned Streetlight System
Request Number 02413145 Work Order Number 05893527 Except for the changes in the streetlighting system(s) as herein authorized, Streetlighting Contract dated 04-01-1977, shall remain in full force and effect. Motion supported by Councilperson Horvath. Roll Call Vote. AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson, Sumrack and Mayor Davis. NAYS: None.
BID AWARD Motion by Councilperson Ford to accept the low bid from Spartan Fence, Inc. in the amount of $22,706.00 for Water Treatment Plant fencing. Motion supported by Councilperson Owen. Roll Call Vote. AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson, Sumrack and Mayor Davis. NAYS: None.
RESCIND ACTION-LIENS FOR SNOW REMOVAL ON RAILROAD PROPERTY Motion by Councilperson Robertson to rescind Council action taken on April 21, 2003 that established a lien (Invoice No. 473) for snow removal against the following railroad property parcels: 1) 050-660-007-021-00; 2) 050-651-027-003-00; 3) 050-651-009-004-00; 4) 050-651-000-002-00; 5) 050-537-000-059-00; and 6) 050-113-014-013-00. Motion supported by Councilperson Owen. Roll Call Vote. AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson, Sumrack and Mayor Davis. NAYS: None.
PARKS RULES AND REGULATIONS-PROPOSED REVISIONS
Motion by Councilperson Robertson to adopt Parks Rules and Regulations as follows: CITY OF OWOSSO AUTHORITY. These rules are promulgated pursuant to the provisions of Section 21-1 of the Owosso City Code. APPLICABILITY. These rules shall apply to all City of Owosso parks, play fields, and other public grounds, which for the purpose of these rules shall be identified as parks. CLOSING HOURS. All parks shall be closed to public use between dusk and dawn, except as follows: 1) Bentley Park, Bennett Field and Rudy DeMuth Fields shall be closed from 11:00 p.m. to dawn, and 2) Hopkins Lake Park shall be open between dusk and dawn solely and exclusively for the purpose of fishing in Hopkins Lake. SWIMMING PROHIBITED. Swimming is prohibited in all parks except in areas designated for that purpose by the Director of Public Works. FIRES. Fires are restricted to barbecue grills and then only for the purpose of preparing food. PROPER DISPOSAL OF REFUSE. Refuse generated during the use of park facilities shall be properly disposed of in containers provided for that purpose. Disposal of household refuse in park refuse containers is prohibited. VEHICLE REGULATIONS. The following provisions relate to the use of vehicles in the parks: 1) Motorcycles, mopeds, snowmobiles, all-terrain vehicles, and the like are prohibited from all park areas except for roadways designated for public travel, 2) The speed limit in all parks shall be ten miles per hour, and 3) Parking shall be restricted to areas designated for that purpose. PAVILION RESERVATION. All picnic pavilions shall be available to be used on a first-come, first-served basis on the day of use except as follows: The pavilions in Bentley Park and Harmon Patridge (Green Meadows) Park shall be reserved in advance after January 1 of the year in which the pavilion is to be used. Detailed procedures for the reservation of these pavilions shall be developed and implemented by the Director of Public Works. USE BY ORGANIZATIONS. Provisions of these rules and regulations to the contrary notwithstanding, Shiawassee County-based organizations shall be permitted the exclusive control of designated areas of City parks, including control during hours the parks are closed to the public, subject to the following conditions: 1. The use of the park shall be approved by the City Manager; 2. Areas used shall be those not regularly frequented by the general public or the areas occupied shall be open to the general public; although a fee may be charged the general public for such access; 3. The organizations’ use of the park area shall not be conducted in violation of any local or state law nor unreasonably interfere with the use and enjoyment of adjacent park areas by others; 4. The organizations shall agree to hold the City harmless from liability for incidents arising out of the organizations’ use of the park area and shall provide evidence of insurance coverage for public liability satisfactory to the City Manager; 5. The City reserves the right to direct where organizations’ structures are installed and activities conducted so as to minimize damage to park property and facilities and to limit interference with the use of adjacent areas of the park. SCHEDULING AND USE OF ATHLETIC FIELDS. (1) Priority in the use of ball fields, soccer fields and similar athletic facilities in City parks shall be given to organizations scheduling regular games or matches. When the City Manager determines that coordination of organizations’ use of such facilities is necessary to avoid scheduling conflicts, he or she shall provide for the development of schedules for such facilities. The City Manager shall have the authority to designate organizations to provide for scheduling and oversight of use of athletic fields. Such organizations shall schedule use of the fields in such a manner as to accommodate use by all interested organizations to the greatest extent feasible and so as to provide for compliance by these rules and regulations by all organizations using the athletic facilities. (2) The City Manager shall have the authority to restrict use of athletic fields so as to avoid excessive wear and tear on facilities. (3) The City Manager may authorize organizations to sell concessions at athletic fields and to use City facilities designated for that purpose. Preference in selling concessions may be given to organizations designated to provide scheduling and oversight of the use of athletic fields. Organizations selling concessions at athletic fields shall be responsible for the cleaning of restroom facilities at such fields although supplies for use in restrooms shall be provided by the Director of Public Works. (4) Organizations providing for the scheduling and oversight of athletic fields may be permitted to provide for the installation of signs recognizing program sponsors. Such signs shall not advertise specific products or services but shall be limited to the names and logos of sponsors and brief descriptions of the nature of the sponsor’s business. All sponsor signs shall be constructed of material that will withstand customary weather conditions and shall be maintained by the organizations installing them. Signs shall be installed on existing fences and in such a manner that the message content of the signs is visible from within the athletic fields only. Signs shall be installed only during the usual seasons during which organizations schedule games and matches on the fields. (5) Organizations utilizing athletic fields for scheduled games, matches and practices shall be responsible for removing litter from the areas used for their activities. In addition, organizations shall be responsible for removing and storing any equipment used in their activities. Installation of bleachers or similar facilities must be authorized by the Director of Public Works. (6) The Director of Public Works shall provide for utilities (except for telephone service), refuse disposal and the maintenance of athletic fields in coordination with the needs and schedules of organizations utilizing the fields. The Director of Public Works may require that organizations utilizing athletic fields undertake specific activities uniquely required for their particular use of the fields such as the installation of bases or nets, the painting of lines on fields, etc. HOLMAN POOL RULES AND REGULATIONS. The following rules and regulations shall govern conduct by individuals swimming at Holman Pool: 1. Horseplay, running, shoving, snapping towels, foul language and pushing are not allowed. 2. Please do not jump on or near another person. 3. Call for help only if it is a real emergency. 4. Diving is not allowed in 3 to 5 feet of water. 5. Cutoffs, bandages and gum are not allowed in the pool area. 6. No smoking in the pool area or on park property. 7. Clothing and shoes must be stored in a basket in the locker room. 8. Food and drinks are not allowed on the pool deck. 9. Diving is permitted in deep water; back dives and flips are not allowed. 10. Please refrain from splashing others including the lifeguards. 11. Use the ladders to enter and exit the pool only. 12. Children under the age of 8 must be accompanied by an adult over the age of 18. 13. The baby pool is for children under the age of 5 only. 14. Please sign in with your name and emergency phone number when you enter the pool. 15. Personal floatation devices, tubes, beach balls, etc. are not permitted. B. Consequences for not following pool rules: 1st Offense: 10 minutes out of the water. 2nd Offense: Out of the pool for a day. 3rd Offense: Out of the pool for 3 days. 4th Offense: Pool privileges suspended for remainder of the season. PUBLIC NOTICE. The public shall be deemed to have been properly notified of the provisions of these rules and regulations if the Director of Public Works shall cause their publication in a newspaper of general circulation in the City at least annually prior to April 1. The Director of Public Works is further authorized to post such signs as are in his opinion required to insure substantial compliance with the provisions of these rules and regulations. Motion supported by Mayor Pro-Tem Osika. Roll Call Vote. AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson, Sumrack and Mayor Davis. NAYS: None.
DISCUSSION-PARKS AND RECREATION COMMISSION There was general discussion regarding the future of the Parks and Recreation Commission, the list of goals provided by the Parks and Recreation Commission, negotiations with a well driller for water at Collamer Park, donations received from Collamer family are reserved for playground equipment for the park, Parks and Recreation Master Plan, using the Parks and Recreation Commission as an advisory committee to meet on an as-needed basis. It was suggested that the Parks and Recreation Commission meet annually to develop a list of suggestions and/or a proposed plan of work for the council, and meet as needed as directed by the City Council. There was also discussion regarding the timeline for an annual meeting to report to City Council in a time that is more conducive to budget planning. Staff will prepare for City Council consideration an ordinance amendment related to having the Commission act as an advisory board to the Council.
COMMUNICATIONS Steve Corey, Mayor of Corunna. Invitation to Corunna Firecracker Parade. Owosso Parks and Recreation Commission. Commission Goals. Michael T. Compeau, Police Chief. March 2004 Police Department Report. Downtown Development Authority. Minutes of Meeting of April 7, 2004.
CITIZEN COMMENTS Betty Coon, 1204 Palmer Street, commented regarding her questions about the SATA millage proposal. City Manager Guetschow addressed her questions.
ADJOURNMENT Motion by Councilperson Robertson for adjournment at 9:17 p.m., supported by Mayor Pro-Tem Osika and concurred in by unanimous vote. John C.M. Davis, Mayor Gail L. Schultz, City Clerk
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