VILLAGE OF ARMADA
REGULAR COUNCIL MEETING
MONDAY, NOVEMBER 10, 2008
7:30PM
Pres. Ballard called the meeting to order at 7:31 p.m. All rose for Pledge of Allegiance. Present at roll call: Ballard, Clark, Stork, Coenen, Guse, and Wolak. Absent: Boelke. Also present: Clerk Poulos, Treasurer Adair, Jeff Bahorski, Karl Krueger, David Stork, Richard Weinand, Michael Stirrett, Sherri and Ed Cooper, John Paterek, Susan Miller, Dennis LeMieux, Matt Fahr, Doug Skylis, and Dan Sutherland.
AGENDA, APPROVAL OF
MOTION by Stork, seconded by Guse, to approve agenda as amended.
Ayes: Ballard, Clark, Coenen, Guse, Stork
Nays: Wolak
Absent: Boelke CARRIED
$1,000.00 Recovery of Park Funds added as Agenda Item #5.
Oath of Office added to end of Agenda.
Resignations of Office added to end of Agenda.
President’s Address added to end of Agenda.
Budget Amendment for Franklin Street Manhole Relocation removed.
CITIZEN COMMENT
Robin Caruss stated that he is changing property lines of property he owns in the Township and connects to North Fulton and needs a letter from the Village stating this. Attorney Jeff Bahorski explained the issue to Council as he has been working on it with the office and Ben Delecke. He told Mr. Caruss that the Village Engineer, DPW Supervisor and Chief Smith will all need to look into this for safety purposes and he will be informed of their findings when completed. Susan Miller of Colonial Street explained a fence issue that she is having with her neighbor. She has been in contact with Dennis LeMieux who informed her that she would need to have a survey done to determine lot lines.
GENERAL BUSINESS
MOTION by Stork, seconded by Guse, resolved to approve the Consent Agenda, as amended.
All Ayes CARRIED
Approval of RCM Minutes of 10/27/08 approved as presented.
Payment of Bills totaling $49,385.06 approved for payment as follows:
1. General Fund $ 14,171.62
2. Water Plant Fund $ 0
3. Water System Fund $ 9,150.42
4. Sewer Plant Fund $ 37,356.40
5. Sewer System Fund $ 1,577.22
6. Major Street Fund $ 2,568.42
7. Local Street Fund $ 2,511.03
8. Municipal Street Fund $ 2,483.88
9. DDA $ 0___
Total $ 69,818.99
Treasurer's Report approved for filing.
Departmental Reports none received.
Correspondence none received.
2. FACTA/IDENTITY THEFT AND RED FLAG RULES FOR MUNICIPAL UTILITIES
Treasurer Adair informed Council that the Federal Trade Commission has se regulations and guidelines known as “Red Flag Rules” as part of the Fair and Accurate Credit Transactions Act of 2003 (FACTA). The rules require government entities that defer payment of goods or services, in the case of the Village, payment arrangements for water bills, sidewalk repairs, or deferred payments of other special assessments, to implement an Identity Theft Program. On October 22, 2008 the FTC announced a six month delay of the new Red Flag Rules pushing the compliance date to May 1, 2009. Treasurer Adair stated that the office is on track with this and working drafts of the FACTA Ordinance as well as a prepared resolution upon completion and will continue to review this with the Attorney as well as monitor all MML bulletins and updates that may affect this issue before presenting a policy to Council.
3. BUDGET AMENDMENT FOR FRANKLIN STREET MANHOLE RELOCATION
Pulled. To be brought back to a future meeting.
4. DDA OVERPAYMENT
President Ballard stated that he feels the DDA payment to the Street Department of $17,000.00 for the Main Street Bridge is too much. He explained that he and the DPW Supervisor measured the area of the bridge located in the DDA and it is far less than what it paid for, which was approximately half of the project. He broke down the costs for the project in the DDA area and gave an amount of $3,150.51 as the actual cost. He would like Council to direct the Street Department to pay back $13,849.49 to the DDA. A discussion followed with DDA President John Paterek stating that the DDA does not need the money back, they have no immediate projects. President Ballard stated that any work done outside of the DDA is not covered in the DDA or TIF plan and cannot be condoned. It was decided that the Treasurer would look into the actual cost and reimburse the DDA for any overage.
MOTION by Guse, seconded by Wolak, to reimburse the DDA from the current street funds for any overage paid based on verification of the Treasurer.
All Ayes CARRIED
5. $1,000.00 RECOVERY OF PARK FUNDS
Trustee Guse stated that he feels, due in part to discussion at the last Council meeting, the Village should request the $1,000.00 given to the Township during their application for grants, since a grant was not received by the Township. He feels this should be done under this administration and not left to the new Parks Commissioner.
MOTION by Guse, seconded by Clark, to place a request on the Township to return the $1,000.00 that our Village gave for grant application in the Township.
All Ayes CARRIED
OLD BUSINESS
1. E-MAIL POLICY
Postponed until the first meeting in December so the new Council can decide on it.
MOTION by Guse, seconded by Stork, to postpone the E-Mail policy until the first meeting in December.
Ayes: Guse, Stork, Coenen, Clark, Ballard
Nays: Wolak
Absent: Boelke
2. OATH OF OFFICE
Clerk Poulos swore in the newly elected Trustees: Michael Stirrett, Sherri Cooper and Steve Clark, and President Kathleen Stork for their new terms to serve on the Armada Village Council.
3. RESIGNATION OF OFFICE
Kathleen Stork submitted her letter of resignation from her seat on the Village Council and Michael Stirrett submitted his letter of resignation from the Planning Commission.
MOTION by Coenen, seconded by Clark, to accept the two resignations.
All Ayes CARRIED
4. PRESIDENT’S ADDRESS
President Ballard thanks each member of Council and the public for their support during his terms on Council both as President and Council member.
No further business.
Meeting adjourned at 8:23 p.m.
Minutes submitted by:
Michelle Poulos, Armada Village Clerk