VILLAGE OF ARMADA
REGULAR COUNCIL MEETING
MONDAY, JANUARY 28, 2008
7:30PM
Pres. Ballard called the meeting to order at 7:32 p.m. All rose for Pledge of Allegiance. Present at roll call: Ballard, Boelke, Clark, Coenen, Stork, and Guse. Absent: Wolak. Also present: Clerk Poulos, Treasurer Adair, Karl Krueger, David Stork, Matt Fahr, Michael Stirrett, and Kevin Moreau.
AGENDA, APPROVAL OF
MOTION by Guse, seconded by Clark, to approve agenda as amended.
All Ayes CARRIED
Removed Approval of 1/14/08 Minutes from Consent Agenda, added as
Agenda Item #6.
CITIZEN COMMENT
None Received.
GENERAL BUSINESS
MOTION by Stork, seconded by Guse, resolved to approve the Consent Agenda, as amended.
All Ayes CARRIED
Approval of RCM Minutes of 1/14/08 pulled, added as Agenda Item #5.
Planning Commission Minutes of November and December 2007 approved for filing.
Set Budget Workshop Dates approved to set budget workshop dates of February 11, 25 and each Monday in March as needed.
Correspondence none received.
2. EARTH TECH REPORT
Kevin Moreau gave a brief summation of his monthly operating report for December 2007 (on file).
MOTION by Coenen, seconded by Clark, to accept the Earth Tech Report as presented and place on file.
All Ayes CARRIED
3. AGREEMENT BETWEEN THE VILLAGE AND ARMADA AGRICULTURAL SOCIETY
President Ballard explained to Council that the current agreement between the Village and the Armada Agricultural Society is set to expire on February 28, 2008. He asked that the Council approve to appoint a committee consisting of the Sewer and Water Commissioners, the President and Kevin Moreau of Earth Tech, for technical support, to meet with the members of the Armada Agricultural Society to negotiate a new agreement.
MOTION by Guse, seconded by Clark, to appoint Sewer Commissioner Coenen, Water Commissioner Clark, President Ballard and Kevin Moreau to a committee to negotiate an agreement between the Village of Armada and the Armada Agricultural Society.
All Ayes CARRIED
4. VILLAGE EMPLOYEE INSURANCE: HOSPITAL AND MEDICAL
Trustee Stork asked Council to consider soliciting comparable hospital and medical insurance coverage for the Village employees. She explained that she provided the Clerk with a name and telephone number of a broker that was used at her job and saved that company thousands of dollars. The Clerk stated that she would look into this but will also solicit prices from Mike Arsenault of Cardamone Insurance, the current broker for the Village. President Ballard stated that the employee's contract state that the Village has the authority to solicit bids only after consulting with the employees.
MOTION by Stork, seconded by Guse, to allow the clerk to advise the employees the Village's intent to explore hospital and medical insurance options.
All Ayes CARRIED
MOTON by Stork, seconded by Guse, to allow the Clerk, after advisement with the Village employees, to solicit additional options for hospital and medical insurance.
All Ayes CARRIED
5. COMCAST RESOLUTION
Attorney Jeff Bahorski prepared a resolution for Council approval to preserve existing channel locations for Public, Educational and Governmental (PEG) access channels. President Ballard read aloud and asked Council to adopt the following resolution:
VILLAGE OF ARMADA
MACOMB COUNTY, MICHIGAN
A resolution of the Village Council requesting preservation of the existing channel
locations for Public, Educational and Governmental (PEG) access channels.
Michigan’s Uniform Video Services Local Franchise Act (“the Act”), Public Act 480 of 2006, dramatically diminishes the powers which had traditionally been afforded local governments to regulate cable operators conducting business in their communities without adequately providing statutory safeguards to protect residential consumers and preserve public access.
Carefully crafted, long-term, and mutually beneficial franchise agreements were effectively abrogated by the Act for the promised benefits of free market competition.
Comcast Cablevision (Comcast) is the sole provider of cable television services to the residents of the Village of Armada, including broadcast of governmental access channel 6. This channel plays an integral role in providing public access to local government, including, but not limited to, broadcast of the open meetings of various public bodies.
But for court orders secured by Michigan municipalities willing to incur the substantial cost of litigation, Comcast planned to move PEG channels, including Channel 6, to a higher tier of programming effective January 15, 2008. Such a move will require residential cable television subscribers to, for the first time, rent a digital converter set-top box or have available a cable card or QAM capable television in order to view PEG channels at their new location in Comcast’s digital line-up.
The effect of Comcast’s planned move of PEG channels will be added cost to residential cable television subscribers, inconvenience, confusion, and, most importantly, an erosion of viewership of this vital public programming.
It is incumbent upon this municipality, by its President and Trustees, to add its voice to the call for an end to the unchecked actions of Comcast which threaten the core values of public access.
NOW, THEREFORE,
BE IT RESOLVED that the Village Council for the Village of Armada, Macomb County, Michigan:
Supports the preservation of the all current locations for PEG channels, including locally Channel 6, and the efforts by State Representative Steve Bieda by introducing House Resolution 245 and House Concurrent Resolution 64 now pending before the House Energy and Technology Committee. These resolutions and those to be introduced in the Michigan Senate merit immediate action to amend the Act and permanently ban the move of PEG channels.
Supports the on-going legal challenges being brought by the Cities of Dearborn and Warren and the Township of Meridian to protect the rights of all Michigan residents afforded by the Cable Television Consumer Protection and Competition Act of 1992, 47 U.S.C. §521 et seq.
Supports the challenge raised by Representative John D. Dingell, Chairman of the Committee on Energy and Commerce to Comcast’s decision restricting availability of PEG channels in Michigan.
BE IT FURTHER RESOLVED that the Village Clerk is directed to send a copy of this resolution to United States Representatives Candace Miller and John D. Dingell, Governor Jennifer M. Granholm, State Senator Alan Sanborn, and State Representatives Daniel Acciavatti and Steve Bieda.
MOVED BY: Boelke
SECONDED BY: Clark
AYES: Ballard, Boelke, Coenen, Clark, Guse, Stork
NAYS: None
ABSENT: Wolak
I, Michelle Poulos, Clerk of the Village of Armada, Macomb County, Michigan, do hereby certify that the above resolution is a true copy of the resolution adopted by the Village Council at a regular meeting held the 28th day of January, 2008.
MOTION by Boelke, seconded by Clark, to adopt the resolution requesting preservation of the existing channel locations for Public, Educational and Governmental (PEG) access channels.
Ayes: Ballard, Boelke, Coenen, Clark, Guse, Stork
Absent: Wolak
Nays: None CARRIED
6. APPROVAL OF RCM MINUTES OF 1/14/08
Trustee Guse pulled the minutes of 1/14/08 to change the motion made regarding the purchase of the Police vehicles (item #5 under new business). He stated that the wording suggests that the purchase of the vehicles cost the Village close to $60,000.00, but it is actually spending $20,000.00. He feels that the "per-year" wording needs to be removed. He stated that the wording of the motion, which is "to approve the purchase of two police cars at a total cost of $19412.00 (principal cost of $18,262.00 and interest cost of $1,150.00) per year on a three-year lease" indicates that $19,412.00 is a per year cost, but is actually the total cost. Coenen asked how this is budgeted for and Guse stated it is in the current year's budget. Discussion followed. Trustee Stork stated that she feels this motion needs to be rescinded and re-made. Coenen agreed stating that he feels the motion was correctly recorded, but that the motion itself was incorrectly made, which the Clerk agrees with. The Clerk asked Council to postpone making a new motion until she could discuss with the Attorney and Police Chief how exactly the motion should be made and if these numbers, when changed, are correct. It was discussed and decided to rescind the motion and re-make a new motion.
MOTION by Guse, seconded by Stork, to rescind the motion of Item Number 5 of the January 14, 2008 Regular Council Meeting (Police Cars).
Ayes: Ballard, Boelke, Clark, Coenen, Guse, Stork
Absent: Wolak
Nays: None CARRIED
MOTION by Guse, seconded by Stork, to approve the purchase of two Police cars at a total cost of $19,412.00 each (principal cost of $18,262.00 and interest cost of $1,150.00) per car on a three-(3) year lease.
Ayes: Guse, Stork, Clark, Boelke, Coenen, Ballard
Absent: Wolak
Nays: None CARRIED
MOTION by Guse, seconded by Coenen, to approve the minutes of January 14, 2008, as corrected.
All Ayes CARRIED
No further business.
Meeting adjourned at 7:59 p.m.
Minutes submitted by:
Michelle Poulos, Armada Village Clerk