VILLAGE OF ARMADA
REGULAR COUNCIL MEETING
MONDAY, APRIL 27, 2009
7:00PM
President Stork called the meeting to order at 7:02 p.m. All rose for Pledge of Allegiance. Present at roll call: Stork, Stirrett, Clark, Coenen, Cooper, Wolak, and Sutherland. Also present: Clerk Poulos, Treasurer Adair, Gary Timmer, Brian Lee, Tom Arlington, Ben Delecke, Matthew Fahr, David Stork, Ed Serwatowski, Gerrad Godley, Richard Weinand, and Paul Shoemaker.
AGENDA, APPROVAL OF
MOTION by Cooper, seconded by Clark, to approve agenda as presented.
All Ayes CARRIED
CITIZEN COMMENT
Ben Delecke, Planning Commission Chairman, raised concerns about the pocket park and the removal of the current handicap spots in the Village parking lot. Delecke stated that this is a Planning issue, the parking for the Village office and Police Department, as it stands, is inadequate and that the handicap parking spots must stay according to the ordinance and that this issue should be brought before the Planning Commission and the ZBA. He recommends before any money is spent or any plans are finalized on this project, the Village needs to go before the Planning Commission because according to ordinance, the Village does not have enough parking. President Stork stated that the plans are not finalized and will go before the Planning Commission.
GENERAL BUSINESS
MOTION by Cooper, seconded by Stirrett, to approve the consent agenda as amended.
Ayes: Ayes CARRIED
Approval of RCM Minutes of 4/13/09 pulled, submit at next meeting.
Payment of Bills totaling $7,963.27 approved for payment as follows:
1. General Fund $ 3,427.24
2. Water Plant Fund $ 0
3. Water System Fund $ 1,665.53
4. Sewer Plant Fund $ 0
5. Sewer System Fund $ 318.03
6. Major Street Fund $ 48.37
7. Local Street Fund $ 459.03
8. Municipal Street Fund $ 2,045.07
9. DDA $ 0___
Total $ 7,963.27
Correspondence approved for filing:
Newsletter from Jennifer Haase, State Representative, dated 4-17-09.
Newsletter from Jennifer Haase, State Representative, dated 4-24-09.
Newsletter from Jennifer Haase, State Representative, dated 4-20-09.
2. UNITED WATER REPORT
Gary Timmer of United Water gave a brief summation of his monthly operating report for the Waste Water Treatment Plant. He stated that next month’s report will reflect a power surge or lag that enabled roughly 100,000 gallons overflowed into the old system which affected the panel controls Sunday morning due to the high volume of rain. United Water is investigating and next month’s report will reflect.
MOTION by Stirrett, seconded by Cooper, to accept the United Water Report for March, 2009 as presented and place on file.
All Ayes CARRIED
3. PARK PAVILION FLOORING BID OPENING
Park Commissioner Coenen first thanked everyone that came to Memorial Park for the park clean up day.
Coenen stated that he received two sealed bids for the cement flooring for the pavilion and 595 square feet of handicap accessible sidewalks in Memorial Park. The first bid was from Killingbeck Construction in the total amount of $5,900.00, $3,765.00 for the pavilion flooring and $2,135.00 for the handicap accessible sidewalks. The second bid was from Proline in the total amount of $7,673.56, $5,168.61 for the pavilion flooring, $2,504.95 for the cement handicap accessible sidewalks and they also quoted $3,314.15 for asphalt sidewalks. DPW Supervisor Ed Serwatowski stated that Killingbeck Construction does good work.
MOTION by Coenen, seconded by Stirrett, to accept the bid from Killingbeck Construction in the not to exceed amount of $5,900.00 for cement flooring in the Memorial Park pavilion and for 595 square feet of handicap accessible sidewalk at Memorial Park.
Ayes: Coenen, Stirrett, Stork, Clark, Wolak, Cooper, Sutherland
Nays: None CARRIED
4. TWO WAY RADIO EQUIPMENT
Ed Serwatowski explained that the Village has two way radio equipment to operate the wells from the water plant to the well houses and that the Village also purchased radio equipment to go from the water tower to the water plant, which needs to be installed. A quote was received from USI Programmable Services for $4,955.00. This item was a budgeted expenditure in the Water Department for this year. Serwatowski stated that Dave Brockett from USI is the person who built, maintains, repairs and added equipment to the system and Ed is very satisfied with his work. He stated that by installing this RTU, the Village can disconnect from the leased telecommunication line from AT & T, which currently costs the Village approximately $150.00 per month, so in time the system will pay for itself. Serwatowski also stated that there are no additional costs once the system is up and running. Trustee Wolak inquired whether the bid is still valid as it is dated March 2, 2009 and states that the amount is valid for 30 days. Ed will verify, but believes it is still a valid quote.
MOTION by Sutherland, seconded by Coenen, to authorize USI Programmable Services to install and program the water tower RTU, at a cost not to exceed $5,000.00.
Ayes: Sutherland, Coenen, Stirrett, Cooper, Clark, Wolak, Stork
Nays: None CARRIED
5. APPROVAL OF SPICER CONTRACT
President Stork stated that Village Attorney Jeff Bahorski worked with Spicer Group and the proposed contract is before Council. She stated that Bahorski commented on the ease of working with Spicer Group and that she has submitted a report of the references she and Trustee Sutherland received for Spicer Group and all came in very well. Wolak questioned whether the references were received in writing. Stork stated that Sutherland was present and witnessed all calls. Trustee Stirrett stated that he was approached by an Engineer who raised concerns with Spicer, but Stirrett had not confirmed them. Stork stated that all aspects of the job will be covered in the contract and any cost overages or changes will come before Council for approval. Stirrett is comfortable that MDOT will supervise the project.
MOTION by Clark, seconded by Sutherland, to authorize the Clerk and President to sign the agreement between the Village of Armada and Spicer Group for the engineering of the North Fulton Street Project at a not to exceed cost of $86,500.00
Ayes: Sutherland, Clark, Stork, Cooper, Coenen, Stirrett, Wolak
Nays: None CARRIED
6. CDBG BUMP-OUT GARDEN SPRINKLER SYSTEM COST ADJUSTMENT
At the last Regular Council Meeting, Council approved the expenditure of $10,000.00 of CDBG money to install a sprinkler system in the downtown bump out gardens. At the recommendation of Mike Rozney of CDBG, the Village should raise the cost to $15,000.00 to allow for Davis Bacon wages. The Clerk explained the reason for the sudden urgency of the proposed project came from a HUD deadline of May 1. New information came from a meeting with Mike Conner from Macomb County Planning, and formerly of CDBG, who explained that CDBG money could be spent in the DDA area as it meets HUD criteria, which the office was previously unaware of. The projects proposed at the last Council meeting were plans not yet proposed to Council as money was not available and with the use of CDBG funds, the projects are viable. Trustee Cooper asked if CDBG or the DDA would pay for the water bill. CDBG cannot be spent in that manner and Stork stated that the Attorney told her that the Village should pay for this as the DDA is in construction mode and that the minimal bill should be paid by the General Fund. Tap in fees will need to be paid for water and will be discussed by Council at a later date, according to Stork. Trustee Coenen feels the DDA should pay the tap in fees. Stirrett feels this is a lot of money to be spent in a small area and would like to look at other options for this money. Stork stated that this project was approved at the last RCM, this is just a request to increase the amount.
MOTION by Clark, seconded by Sutherland, to amend the motion approved at the April 13, 2009 Regular meeting of Council to increase the expenditure for the sprinkler system in the bump-out gardens from $10,000.00 to $15,000.00.
Ayes: Clark, Sutherland, Cooper, Coenen, Stork Nays: Wolak, Stirrett CARRIED
7. REPLACEMENT WELL #4/Well #8 WELL HOUSE
Water Commissioner Sutherland brought replacement well #4/Well #8 well house back for Council discussion, which is allocated for in this year’s budget. He explained that the well has been tested, but the DEQ has not yet reviewed the test. He stated that he knows that Rowe Incorporated, who designed well house #7, Spicer Group, the chosen engineer for the North Fulton Street Project, and Williams and Works, who dug the well, are all interested in this project. Sutherland suggested either appointing one of these firms to do the project or to prepare a request for proposal to be sent out for firms to bid on.
MOTION by Sutherland, seconded by Stirrett, to authorize the Water Commissioner and the DPW Supervisor to prepare a bid proposal for engineering the construction of well house #8 including block building, well pump, standby generator and associated equipment.
All Ayes CARRIED
8. LOCAL BRIDGE PROGRAM APPLICATIONS
Street Administrator Clark discussed the Prospect Street Bridge with Council.
He stated that this bridge was inspected two years ago. It requires repairs and it also requires a bi-annual inspection, which is also required for the State of Michigan 2012 Local Bridge Grant Application. Lengthy discussion followed with Trustee Wolak asking to bring forward to the next meeting discussion regarding a Village Engineer.
MOTION by Wolak, seconded by Coenen, to authorize Spicer Group, to complete the 2009 bridge inspection, at a cost not to exceed $1,400.00.
Ayes: Wolak, Coenen, Clark, Sutherland, Stirrett, Stork
Nays: Cooper CARRIED
MOTION by Clark, seconded by Sutherland, to complete the 2012 Local Bridge Application at a cost not to exceed $1,100.00.
Ayes: Clark, Sutherland, Coenen, Stirrett, Stork, Wolak
Nays: Cooper-Does not like the idea of voting for a brand new company that we’ve never done work with before on a verbal. CARRIED
9. PART-TIME TECHNICAL SERVICE OFFICER WAGE INCREASE
Police Commissioner Cooper asked Council to consider a raise for the part-time Technical Officer. She explained that this will keep the department within the current approved wage structure and would only amount to $500.00 to $600.00 per year and do not require a budget increase. Coenen asked that the title be Technical Service Staff as opposed to Technical Service Officer, he feels the use of the work officer implies that she is a trained police officer.
MOTION by Cooper, seconded by Stirrett, to approve hourly wage retro active to April 1, 2009, for the current part-time Technical Service Staff at $10.00 per hour.
Ayes: Cooper, Clark, Stork, Coenen, Wolak, Sutherland, Stirrett
Nays: None CARRIED
10. PROTEC MEMBERSHIP
Treasurer Adair recommended Council consider enrolling with PROTEC for an annual membership. She explained that they were instrumental in preventing the cable channel line up change (to move the local channel, in the Village case channel 6, to a higher channel so it could only be accessed by consumers who pay a higher cost). She feels that PROTEC will be helpful in the future, especially with franchise disappointment, and in any new litigation. She suggests that they will be a useful tool for advice and direction for a minimal cost. NEMC will be discussing this at a future meeting to suggest that all municipalities in the consortium join.
MOTION by Cooper, seconded by Stirrett, to allow the Clerk/Treasurer to enroll with PROTEC for an annual membership with dues not to exceed $196.63.
Ayes: Cooper, Stirrett, Stork, Sutherland, Coenen, Clark
Nays: Wolak CARRIED
11. FACTA/RED FLAG RULES
Treasurer Adair explained that FACTA is the identity theft prevention program which involves implementing the Red Flag Rules. The MML has supplied several examples of how this has been implemented in other communities, which the Treasurer and the Attorney have reviewed and prepared a resolution for the Village. This was originally brought to Council in October. The due date of May 1 is a requirement for entities that handle personal or sensitive information to ensure that a policy and procedure is in place for the protection of identities and confidential information and if a violation is detected, a false check or a wrong name on check, it will be investigated. Jo stated that a committee is required to verify the procedures are being followed. She also stated that the Attorney recommended the Clerk administer the policy. The adopted resolution is on file.
MOTION by Stirrett, seconded by Cooper, to adopt the resolution for the purpose of creating a program to detect, prevent and mitigate identity theft in connection with the opening of a covered account or any existing covered account.
All Ayes CARRIED
OLD BUSINESS
1. ADOPTION OF THE ZBA FEE SCHEDULE
The proposed ZBA Fee Schedule was presented to Council for approval with the suggested changes.
MOTION by Clark, seconded by Cooper, to adopt the ZBA Fee Schedule as presented.
All Ayes CARRIED
2. WEBSITE UPDATE
Clerk Poulos announced the website to Council. She stated that there are still areas that need to be completed and updated, but for the most part, it’s ready for viewing. The web address is villageofarmada.org.
The President spoke of a meeting she attended for Avoiding Foreclosure details explaining what residents can do and information is available at the Village Office.
No further business.
MOTION by Cooper, seconded by Coenen, to adjourn the meeting at 8:53 pm.
All Ayes CARRIED
Minutes submitted by:
Michelle Poulos, Armada Village Clerk