VILLAGE OF ARMADA
REGULAR COUNCIL MEETING
MONDAY, APRIL 13, 2009
7:00PM
Pres. Stork called the meeting to order at 7:02 p.m. All rose for Pledge of Allegiance. Present at roll call: Stork, Cooper, Clark, Coenen, Sutherland and Wolak. Absent: Stirrett, Clerk Poulos. Also present: Treasurer Adair, Jeff Bahorski, Matt Fahr, Chief Howard Smith, John Paterek, Richard Weinand, Doug Skylis, David Stork, Gerrad Godley and David Wagner.
AGENDA, APPROVAL OF
MOTION by Cooper, seconded by Wolak, to approve agenda as amended.
Removed Payment for Bump Out Garden Planting from Agenda.
Removed Website Update from Agenda.
All Ayes CARRIED
CITIZEN COMMENT
None Received.
GENERAL BUSINESS
MOTION by Clark, seconded by Wolak, resolved to approve the Consent Agenda, as amended.
All Ayes CARRIED
Approval of RCM Minutes of 3/23/09 pulled, added as Agenda Item #14.
Payment of Bills totaling $89,075.24 approved for payment as follows:
1. General Fund $ 45,364.02
2. Water Plant Fund $ 16,312.78
3. Sewer Plant Fund $ 21,265.62
4. Sewer System Fund $ 1,951.79
5. Major Street Fund $ 1,534.88
6. Local Street Fund $ 2,470.16
7. Municipal Street Fund $ 175.99
8. DDA $ 0___
Total $ 89,075.24
Treasurer's Report approved for filing.
Approval of SCM Minutes of 3/30/09 pulled, added as Agenda Item #15.
Approval of SCM Minutes of 4/06/09 approved as presented.
Approval of SCM Minutes of 4/08/09 approved as presented.
Approval of Budget Workshop Summary Sheets approved for filing.
Approval of DDA Meeting Minutes of 4/3/09 approved for filing.
Correspondence approved for filing:
1. Newsletter from State Representative Jennifer Haase.
2. Road Construction Update from Jennifer Haase.
3. Public Notice from SEMCOG dated 4/1/09.
4. Public Notice from SEMCOG dated 3/20/09.
5. Letter from Macomb County Sherriff Mark Hackel.
2. PARK PAVILION FLOORING
Park Commissioner Coenen stated that he and DPW Supervisor Ed Serwatowski agree on poured concrete for the pavilion flooring and that the Village will need to supply handicap access to the pavilion and the ice rink. He explained that he would like to seek bids for this project cost expected to be between $4,000.00 - $5,000.00 and suggested finishing the pavilion floor before paving the parking lot to keep costs down. He also informed Council that he and Sam Boelke are scheduling several band to perform in the park this summer.
MOTION by Coenen, seconded by Cooper, to allow the Park Commissioner/DPW Supervisor to seek bids for the Memorial Park pavilion flooring and handicap access sidewalk.
All Ayes CARRIED
3. BUILDING DEPARTMENT REPORT
President Stork read aloud the written Building Department Report submitted by Building Inspector Dennis LeMieux, who could not attend the meeting.
MOTION by Clark, seconded by Coenen, to accept the Building Report as presented and place on file.
All Ayes CARRIED
4. PARK ORDINANCE PUBLIC HEARING
MOTION by Cooper, seconded by Clark, to open the Public Hearing at 7:18 pm.
All Ayes CARRIED
No public comment received.
MOTION by Cooper, seconded by Clark, to exit the Public Hearing at 7:19 pm.
All Ayes CARRIED
MOTION by Coenen, seconded by Cooper, to adopt the ordinance amending Title IV of Village Code of Ordinances for the purpose of revising and updating regulations for the use, enjoyment of and protection of the public parks and preserving the peace with adjoining areas.
All Ayes CARRIED
5. 2009 CDBG PROJECTS
President Stork explained that at the April 2009 DDA board meeting adopted a resolution to reimburse the Village a not to exceed amount of $76,000.00 for the share of their cost for water mains installed within the district as part of the South Fulton Street project. She stated this reimbursement was requested due to the Water Departments need for money for the North Fulton Street water main project and this reimbursement will reduce the cost to the Village for this project. The DDA board agreed to this and requested that the Village of Armada consider $76,000.00 from CDBG funds to be spent on two capital improvement projects within the DDA district (the only district that allows CDBG expenditures due to the districts rating with CDBG). Approximately $10,000.00 needs to be spent out of CDBG this year or it will be lost and the rest needs to be committed to a project next year. One shovel ready project is the sprinkler system that was going in the bump out gardens downtown, which is approximately $10,000.00 according to the two quotes obtained.
MOTION by Clark, seconded by Sutherland, to amend the 2009/10 CDBG Action Plan to commit $10,000.00 to a capital improvement project to irrigate the right-of-way on Main Street from uncommitted funding.
Ayes: Clark, Wolak, Stork, Coenen, Sutherland, Cooper
Nays: None
Absent: Stirrett CARRIED
President Stork explained that the DDA came up with a Capital Improvement Project for North Fulton that coincides with the North Fulton Project of next year. The project includes the Village parking lot behind Kozy Korner, light to the district boundaries and decretive sidewalks. The Village will commit $65,000.00 from CDBG for this joint project. DDA Chair John Paterek reminded Council that CDBG is a reimbursable fund and the money will need to be paid up front. Stork stated that a ball park estimate for this project is $120,000.00. Stork thanked the DDA for releasing these funds because they were dedicated for other projects, but they understood the bind the Village was in for the upcoming North Fulton Street Project. Stork stated that resolutions will be created and sent to CDBG for all projects. Paterek raised concerns that the DDA district would be paying for the water mains on South Fulton twice, since the Village, including the DDA district, is paying on the DWRF bond on water bills. Treasurer Adair stated that she questioned the Bond Council on whether the reimbursed $75,000.00 would need to be applied to the bond and was told no. Stork stated this will be confirmed again with the Bond Council. It was stated that the DDA will be reimbursed $75.000.00 from CDBG so ultimately the DDA is not out any money.
MOTION by Clark, seconded by Sutherland, to commit $65,000.00 of CDBG funding for a joint Village of Armada/Downtown Development Authority capital improvement project for public improvements to the North Fulton right-of-way, including sidewalks, street lighting and parking areas, in fiscal year 2010/11.
Ayes: Clark, Sutherland, Coenen, Wolak, Stork, Cooper
Nays: None
Absent: Stirrett CARRIED
6. ARMADA VILLAGE POCKET PARK
President Stork explained that the proposed Pocket Park is located in front of the Village offices and Post Office. The Post Office is private property and the owners have been notified that they will owe for their portion. She explained the drawing and that a portion will be dedicated to Joe Golembiewski through private donations. Treasurer Adair is talking to contractors about brick paving, sprinkler systems and trees. This has been submitted to CDBG. A resolution was prepared for Council approval. Coenen inquired about maintenance. Treasurer Adair stated that the garden is being designed with perennials and trees and should required minimum maintenance. Trustee Cooper questioned if this had been brought before the Planning Commission which Adair replied no, but it should be. Cooper also asked about the CDBG funding balance since $75,000.00 was just committed. Stork stated the $75,000.00 is not scheduled until next year and that the fund is healthy. Trustee Wolak stated that this is the first he has heard of this and he does not want to vote on it tonight and that he is uncomfortable entering into anything with the Post Office. Stork stated that the resolution must be approved tonight and submitted to CDBG tomorrow and that the Post Office has already agreed to their portion. Wolak stated that it is not proper to put an item on the table at the last minute and require a vote.
MOTION by Clark, seconded by Sutherland, to amend the 2009/2010 CDBG Action Plan to commit up to $6,000.00 for a capital improvement project for the Village Hall Pocket Park from uncommitted funds.
Ayes: Clark, Sutherland, Coenen, Cooper, Stork
Nays: Wolak
Absent: Stirrett CARRIED
7. APPROVAL OF THE 2009/2010 DDA BUDGET
The DDA Budget was presented to council for approval. Trustee Cooper stated a correction to page 3 under Capital Outlay, six lights north of main cost needs to be changed from $80,000.00 to $75,000.00 as just discussed.
MOTION by Clark, seconded by Cooper, to adopt the fiscal year 2009/2010 budget for the Downtown Development Authority fund with a projected year end balance of $42,262.13.
Ayes: Stork, Sutherland, Clark, Cooper, Coenen, Wolak
Nays: None
Absent: Stirrett CARRIED
8. APPROVAL OF THE 2009/2010 WATER FUND BUDGET
The Water Fund Budget was presented to Council for approval as prepared by the Water Commissioner, President and Treasurer. President Stork stated the well house is budgeted under Capital Outlay.
MOTION by Sutherland, seconded by Coenen, to adopt the fiscal year 2009/2010 budget for the Water Fund with a projected year end balance of $101,860.50.
Ayes: Cooper, Coenen, Clark, Sutherland, Stork, Wolak
Nays: None
Absent: Stirrett CARRIED
9. POLICE COMMISSIONER REPORT
Police Commissioner Cooper brought two items to Council.
1. Resolution to Adopt the National Incident Management System:
Cooper brought a resolution for Council approval to adopt the National Incident Management System within the Village. She explained that this resolution designates the procedure for emergency situations, responsible parties for contacting various agencies, timelines, etc. Police Chief Howard Smith stated that the Village will not be eligible for any Federal money if an emergency occurs without this resolution. He stated that the Police will create a binder with all information for easy accessibility.
MOTION by Cooper, seconded by Wolak, to approve a resolution (on file) to adopt the National Incident Management System for use in the Village of Armada.
All Ayes CARRIED
2. Resolution to Transfer Ownership of Liquor License:
Police Chief Smith explained that Council approved a transfer of liquor license for the Roadhouse, but the Manager at that time did nothing with it. Mike Flueger has owned Chaps since July of 2008 and has been using the liquor license under the Roadhouse, but the Liquor Control Commission has formally requested a transfer of ownership. Detective Sharp has performed a thorough background check of Mr. Fleuger, who also owns Chaps Richmond and contacted the Detective in Richmond for background. The Chief recommends the transfer of the liquor license to Chaps Inc. based upon these background checks. The Chief thanked Council on behalf of Mr. Fleuger who could not attend the meeting.
MOTION by Cooper, seconded by Wolak, to approve the resolution transferring ownership of the 2008 Class C licensed business with dance permit from Armada Roadhouse 1901 to Chaps, Inc.
All Ayes CARRIED
10. RESIGNATION FROM PLANNING COMMISSION
Lyle Ballard has submitted his resignation from the Planning Commission to the Clerk (on file).
MOTION by Cooper, seconded by Coenen, to accept the resignation of Lyle Ballard from the Planning Commission effective immediately with regret.
All Ayes CARRIED
11. COUNCIL ETHICS IN RELATION TO PLANNING COMMISSION AND ZONING BOARD OF APPEALS
Trustee Cooper explained that she attended a class through the MML which touched on Council ethics in relation to the Planning Commission and the Zoning Board of Appeals. She felt it touched on an item that she should discuss with Council. She explained that there was a court case in which a municipality was sued because a Council member was present in the audience of a Planning Commission meeting at which a business was denied its request. The business owner sued the municipality based on the fact that Planning Commission members are appointed by Council and he felt that the Council member’s presence in the audience put stress on the Planning Commission to vote the way he wanted. The business owner won. Cooper stated that she has considered attending Planning Commission meetings, but would like some direction of whether she should do so. Attorney Jeff Bahorski agreed with Cooper’s assessment of the case. He stated the reason for the municipality losing this case was due to the fact that the Council member held a monetary interest in the matter before the Planning Commission. He stated that any Council person can attend a Planning Commission meeting as a resident, being on Council does not surrender rights as such, but if there is a monetary interest of any kind, Council persons should not attend. Bahorski advised against any Council person attending a Planning Commission meeting regarding rezoning or a ZBA meeting because the issue will most likely come before Council at some point. He explained that state law now changes the New Planning Enabling Act and Zoning Enabling Act, both now require that ZBA and Planning Commission members are held to much stricter rules on conflict of interest, which must be disclosed prior to voting and if the member fails to do so, they could be charged with malfeasance of office, one of three criteria for being removed from office. The Planning Enable Act states the definition of conflicts must be either in a Village Ordinance or Village By-Laws, which he does not believe the Village is current with and should address. Bahorski feels the ordinance needs to be updated to reflect this. Stork stated several issues need to be addressed.
12. MACOMB COUNTY ROAD COMMISSION PUBLIC HEARING UPDATE
President Stork attended the Macomb County Public Hearing for the Federal Stimulus Package and the proposed projects for 2013-2025. She stated that Main Street and the overlay of South Fulton are in the counties long range plans for work, which is generally and 80/20 match. Three people attended the meeting including SEMCOG who supported the Village. Stork reminded Council that they have not yet voted to accept the Federal Stimulus Package and would like council to motion to accept the Stimulus Package for the North Fulton Street Project.
MOTION by Clark, seconded by Coenen, to accept the North Fulton Street Project with Federal Stimulus funding provisions.
Coenen stated that this was not on the Agenda. Stork stated that she and the Clerk talked about this. Cooper asked if anything has been received in writing, Stork said no and does not know if anything will be received. She stated that Council is approving the North Fulton Project with the federal Stimulus provisions.
Ayes: Clark, Coenen, Stork, Cooper, Sutherland
Nays: Wolak – Not voted on is proper order of Agenda
Absent: Stirrett CARRIED
13. DISCUSSION OF INTERVIEWED ENGINEERS
President Stork explained that the committee met on two occasions. The first interviewed Spicer Group and Huron Consultants and the second interviewed Rowe Incorporated and Giffels Webster. Representatives from Rowe and Spicer were both present at tonight’s meeting. The committed members today discussed their recommendations for Council. References will still need to be contacted for the final recommended Engineering Firm. Clark stated the committee consisted of Sutherland, Stork, Cooper, Clark and Serwatowski.
MOTION by Clark, seconded by Sutherland, to accept Spicer group for the North Fulton Street Project pending further review of MDOT municipal references.
Coenen asked for a review of costs and asked if a not to exceed amount should be included in the motion. Clark stated that the review of reference is not completed and the motion is contingent on that. Coenen stated that he is not willing to vote on this without an amount stated. Bahorski suggests a formal contract be created and signed. Stork read each Engineers bid amounts (as stated in previous meeting minutes) for the Council and public. Coenen feels Council should wait until the next meeting when the references will be completed and feels the process is not yet complete. Stork stated that the motion is pending the references. Bahorski stated a contract will commit to terms and cost and would like the insurance verified. Stork stated that this only names Spicer as the Engineer for this project and a contact will be brought to a future meeting. Wolak doesn’t feel the process is complete and feels this is another rush job. Stork stated the next step is verifying references, the meeting with Spicer to prepare a contract and bringing the contract to Council for final approval. Stork will bring a report of the references. Coenen feels references should be checked first. Stork does not forsee the references as a problem.
Ayes: Clark, Sutherland, Cooper, Stork
Nays: Coenen, Wolak
Absent: Stirrett CARRIED
14. APPROVAL OF RCM MINUTES OF 3/23/09
Correction to page 1, under Consent Agenda, reads “Ayes: Ayes” should read, “All Ayes”
Correction to page 2, under title line reads "SET PROPOSED MILLAGE RATES FOR SIDCAL YEAR 2009/2010" should read "SET PROPOSED MILLAGE RATES FOR FISCAL YEAR 2009/2010". Under same item, in the motion, fourth line down, reads “….requested tax levy rates will by….” Should read “…requested tax levy rates will be…”
Correction to page 4, under title line reads, “PART TIME POLICE OFICERS PAY INCREASE”, should read “PART TIME POLICE OFFICERS PAY INCREASE”.
Correction to page 7, under Discussion of North Fulton Street Stimulus Project, ninth line reads "Stork replied not…" should read, "Stork replied no…".
MOTION by Cooper, seconded by Coenen, to approve minutes of March 23, 2009, regular meeting of the Village Council as amended.
All Ayes CARRIED
15. APPROVAL OF SCM MINUTES OF 3/30/09
Correction to page 2, last line reads, “…a two point difference between Rowe and Huron.” Should read, “…a two point difference between Spicer and Huron.”
Correction to page 3, under bid pricing, reads “Spicer Group $86,000.00”. should read, “Spicer Group $86,5000.00.”
MOTION by Clark, seconded by Cooper, to approve minutes of March 30, 2009, special meeting of the Village Council as amended.
All Ayes CARRIED
OLD BUSINESS
1. NORTH FULTON STIMULUS PROJECT
This item was discussed under previous Agenda items.
President Stork announced the following upcoming community events:
Pre-School registration is from 12:30 – 2:00 at Krause Elementary.
Armada Lionesses are sponsoring a Euchre Party on 4-17-09 at 6:30 pm and the Lions Hall. Cost is $10.00.
Mom to Mom Sale is this Saturday. One table left. 39 moms are registered, selling various children’s items. Cost is $2.00 from 8:30 – 9:00 am and $1.00 from 9:00 to 1:00.
No further business.
MOTION by Cooper, seconded by Sutherland, to adjourn the meeting at 8:52 pm.
All Ayes CARRIED
Minutes submitted by:
Michelle Poulos, Armada Village Clerk