VILLAGE OF ARMADA
REGULAR COUNCIL MEETING
MONDAY, SEPTEMBER 28, 2009
7:00PM
President Stork called the meeting to order at 7:00 p.m. All rose for Pledge of Allegiance. Present at roll call: Stork, Stirrett, Clark, Coenen, Cooper, Wolak, Sutherland. Also present: Treasurer Adair, Tom Seales, Doug Scott, Tom Arlington, Ben Delecke, David Stork, Glen McBride, Curtis McBride, Gwen Bresenski, Gary Timmer, John Paterek, Richard and Joan Weinand, and Matt Fahr.
AGENDA, APPROVAL OF
MOTION by Cooper, seconded by Stirrett, to approve agenda as amended.
Added Public Comment to the end of the Agenda.
Added Council Comment to the end of the Agenda.
Removed Fulton Street Reconstruction Progress Update from Old Business #4.
Added Well House #8 as Old Business #6.
All Ayes CARRIED
CITIZEN COMMENT
None received.
GENERAL BUSINESS
MOTION by Clark, seconded by Cooper, to approve the consent agenda as amended.
All Ayes CARRIED
Approval of RCM Minutes of 9/14/09 tabled until the 10/12/09 RCM.
Payment of Bills totaling $21,185.16 approved for payment as follows:
1. General Fund $ 8,402.01
2. Water Plant Fund $ 2,141.29
3. Water System Fund $ 0
4. Sewer Plant Fund $ 0
5. Sewer System Fund $ 279.37
6. Major Street Fund $ 5,390.09
7. Local Street Fund $ 2,635.12
8. Municipal Street Fund $ 2,337.28
9. DDA $ 0___
Total $ 21,185.16
Treasurer’s Report approved for filing.
Correspondence approved for filing:
1. Newsletter from Jennifer Haase dated September 24, 2009.
2. Semcog Regional Update dated 9/21/09.
3. Comcast letter dated 9/22/09.
4. Newsletter from Jennifer Haase dated September 25, 2009.
5. Removed Jennifer Haase Newsletter added as Agenda Item #8.
6. Removed DEQ Letter dated September 17, 2009 added as Agenda Item #9.
E. Amendment of Prior Adopted Amount for Sidewalk Improvements
Removed, added as Agenda Item #10.
F. DDA Minutes of 8/04/09 approved for filing.
G. Planning Commission Minutes of 7/6/09, 8/03/09, and 9/03/09 Removed
7/06/09 Minutes, approved 8/03/09 and 9/03/09 Minutes
for filing.
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 asked that Council approve the report with the exception of Appendix B, which has an error in the beginning balance and will be resubmitted to Council at a later date. Trustee Cooper inquired about the sales tax which is still included on bills received by United Water. Timmer explained that United Water is not sales tax exempt and will be charged sales tax for any purchase, the only way to avoid this is to have the Village invoiced directly. Glen McBride offered to speak to United Water’s accounting department and to provide them a form to allow for sales tax exemption. A brief discussion about the content of the report followed with Timmer stating that the state of Michigan bio solids audit went well. Arsenic was not an issue this year and the sludge was hauled out of both tanks on September 24 and 25. The mixers were up righted and anchored and there are five working leaving one in disrepair. Correspondence for the audit will be included in next months report. Timmer gave a brief update of the decant lines and lean-to progress. He stated that the Part 41 Permit that’s required for Waste Water Treatment Plant construction has been started. Gary has made arrangements for Rowe’s drawing to be converted to blueprints. The DEQ anticipates a quick turn around on the permit and the construction should be completed this fall.
MOTION by Stirrett, seconded by Coenen, to accept the United Water Report for August, 2009 as amended and place on file, minus Appendix B.
All Ayes CARRIED
3. AUDITOR’S PROPOSAL FOR 2010 AUDIT
President Stork stated that as discussed at the previous RCM, this proposal was brought forward for Council to decide whether to approve as submitted or to investigate other options. She stated that Glen McBride, Curtis McBride and Gwen Bresenski from McBride, Manley and Miiller PC were all present to answer any Council questions. Glen explained that they have been with the Village since 1976. He explained that they provide more services than just the annual audit. The Village uses their firm for many non-audit issues, which they do not bill for, because of the nature of the staff (two elected and two part time clerical). He stated that any special projects the Village requires are quoted to the office before work begins as this is above and beyond the proposal cost. He provided Council with a breakdown of services and pointed out that they have provided 368 hours of service for the first 9 months of the year at no additional cost and that the Village typically uses 400 hours. McBride, Manley and Miiller stated that the Villaged averages around $65.00/hour and the Village have, at this point, used roughly $36,000.00 of time for the $22,000.00 paid last year. If they were to only provide the audit, the cost would be significantly cheaper. Glen went on to say that the Village of Armada was the first municipal client that he had and he appreciates the faith that the Village put into a 27 year old accountant and that Armada is very important the McBride, Manley and Miiller. President Stork added that this firm was instrumental in training the new part time clerical workers, they also took the time to be trained in the BS & A water program and that they are more than auditors, they are a consulting team for the Village. Stork added that this proposal had not been brought before Council by past Presidents, it was signed and turned in by the President and that the Clerk and Treasurer were not aware of this proposal when preparing budgets.
MOTION by Wolak, seconded by Sutherland, to approve the proposal from McBride, Manley & Miiller P.C. for Audit Services for fiscal year ending March 31, 2010 in the amount of $20,750.00.
Ayes: Wolak, Sutherland, Cooper, Stirrett, Coenen, Stork, Clark
Nays: None CARRIED
4. CRACK SEALING OF VILLAGE STREETS
Clark stated this procedure needs to be done to maintain the Village streets. Stirrett stated this was done last year and it had either snowed or hailed that evening and it seemed to peel up right away. He suggested doing this earlier next year to avoid that possibility. Clark will discuss this with Ed to verify if it was weather or material used. President Stork explained that a different technique was used last year where the crack was opened up and the material was injected into the crack. She explained that the problem with that procedure was when the road froze, the crack opened up. She stated that Ed prefers banding the crack rather that injecting. Council discussed the possibility of waiting until spring and Clark will discuss this with Ed.
MOTION by Clark, seconded by Cooper, to allow the DPW Supervisor to solicit bids for the crack sealing of Village streets, with recommendation from crack seal contractors.
All Ayes CARRIED
5. SIDEWALK IMPROVEMENT RESOLUTION
President Stork stated that according to Attorney Jeff Bahorski, the sidewalk improvements need to be accompanied by a resolution (on file) according to Ordinance and Policy adopted by Council. The letter prepared by the Clerk and mailed the residents was provided to Council. Trustee Cooper asked if the policy could be added to or amended to add clarity. Stork stated that this was prepared by the Attorney in conjunction with the Ordinance and Policy. Cooper stated that she feels the resolution is unclear when addressing the administration fees and when they will occur. Trustee Stirrett asked if the administration fees will only be assessed if the resident fails to do the sidewalks themselves. Street Administrator Clark stated that if the sidewalk is done as part of this project, only 50% will be charged, not the additional 16% for administration fees, which would be charged to cover the cost if a lien must be placed on the property due to non payment.
MOTION by Clark, seconded by Coenen, to adopt the resolution ordering sidewalk improvements.
All Ayes CARRIED
6. PARK COMMISSIONER REPORT
Park Commissioner Coenen gave a brief summation of the summer park events. He stated that eleven concerts were scheduled only one was cancelled due to rain. He stated that the Soggy Bottom Boys and the Pavelek Brothers (Freeport) donated their time. He thanked Sam Boelke for everything and stated that she is invaluable to the concert series. He thanked everyone associated with the park this season including Brett Layne from Metropolitan Landscaping, the Village DPW, Dustin Boughner, Jan Almada, Mary Frey, Deb Smith, and John Paterek. He thanked Deb Smith from ACEP and the Historical Society for their turns as concessionaires at the events. Trustee Cooper thanked Trustee Coenen for all of his work.
7. PLANNING COMMISSIONER REPORT
Planning Commission Liaison Stirrett informed Council that the Planning Commission will be starting work on the Master Plan in October. Two meetings are also scheduled for October 5 and October 19. The County Planner is scheduled to attend the meeting of October 5. John Paul Ray will be present to give a presentation of the Village Master Plan and the direction it should follow. Amy Chestnut from McKenna and Associates will also attend a meeting to give a presentation on where she feels the Village needs to go. Stirrett invited Council to attend these meetings. Trustee Coenen asked Stirrett to explain why the Planning Commission minutes of 7/6/09 were pulled from this meeting’s Consent Agenda. Stirrett explained that there are problems with wording in the section regarding the denial of the Pocket Park and the reasons behind the denial. Stork and Stirrett agreed that it needs to go back before the Planning Commission.
8. JENNIFER HAASE NEWSLETTER DATED SEPTEMBER 14, 2009
Trustee Cooper stated that she pulled this item from consent to make the public aware that Representative Jennifer Haase has created a new website for people to visit. It is a one stop job site that includes information on the no worker left behind program, links to college financial aid, unemployment claims, apply for my child (health care), low cost health clinics, lower food costs and lowering home heating cost. The website address is www.michigan.gov/helpinghand.
9. DEQ LETTER DATED SEPTEMBER 17, 2009
Trustee Cooper pulled this item from Correspondence for clarification. She inquired about the “Satisfactory” rating the Village received on the water system and they referred to a copy of a water system review data form that was not included with the letter. She would like a copy of this to verity that no added expenses will be surprising Council like the decant system and lean to did. President Stork stated that this letter is referring to water quality samples taken from residences and it doesn’t review the decant lines or items of that nature. Cooper questioned whether the Village could do better than satisfactory. DPW Supervisor Ed Serwatowski will need to be asked this question.
10. AMENDMENT OF PRIOR ADOPTED AMOUNT FOR SIDEWALK IMPROVEMENTS
Trustee Cooper pulled this item from Consent because it deals with money and she would like a roll call vote.
MOTION by Clark, seconded by Sutherland, to amend the motion adopted at the September 14, 2009 Regular Council Meeting increasing the not to exceed cost of $8,565.00 to $9,000.00.
Ayes: Clark, Sutherland, Stork, Stirrett, Cooper, Coenen, Wolak
Nays: None CARRIED
OLD BUSINESS
1. PLANNING COMMISSION APPOINTMENT
This item was brought back by Trustee Stirrett. He reminded Council that work is beginning of the Master Plan and it would help to have a full Planning Commission board. President stork recommended Carol Morgan for this position. Trustee Cooper inquired as to whether the President had spoken to the existing Planning Commission members. Stork replied that she had spoken to a couple of the members but none of the existing Planning Commission or Council members have spoken to Carol Morgan regarding this position.
MOTION by Sutherland, seconded by Clark, to appoint Carol Morgan to the Planning Commission to a term ending December 31, 2009, subject to the appointee meeting the qualifications set forth in Chapter II of the Village Charter.
Ayes: Sutherland, Clark, Stork
Nays: Cooper, Wolak, Stirrett, Coenen MOTION FAILED
2. NORTH FULTON STREET PROJECT PROGRESS UPDATE
President Stork informed Council that a meeting was held last Tuesday with herself, DPW Supervisor Ed Serwatowski and representatives from the utility companies. She stated that a utility pole will need to be removed and will be replaced by DTE. There are some trees that will have to be removed due to their proximity to the water lines. The DNR has been contacted to inquire if any funding is available to drill under the tree line in order to save these older trees. The estimate from the Engineer to save the trees is between $2,000.00 - $5,000.00 which may be a consideration for Council at a later date whether to spend this money or not. There are also trees to be removed to allow for the sidewalk line. Stork stated that the rest of the meeting went very well. The DEQ has requested a letter from the County stating that the sidewalks are included in the project, which has been sent. Further discussion included a change order submitted from Spicer Group for the MDEQ permits and whether this was included in the Spicer contract and that Spicer did not provide a scope of the project. Both the President and the Street Administrator stated they could not fill out the forms for the MDEQ permits.
MOTION by Clark, seconded by Sutherland, to approve Change Order #1 in the amount of $2,500.00 to allow for permit fees.
Ayes: Clark, Sutherland, Cooper, Wolak, Stork
Nays: Coenen, Stirrett CARRIED
3. FRANKLIN/HOLLWEG STREET RECONSTRUCTION PROGRESS UPDATE
President Stork informed the Council that she received a call this morning that a gas line is “seated up rather high” where the ditches are to be dug on Hollweg Street, so the Gas Company will be removing and replacing this line. A schedule was provided to Council from Giffles-Webster outlining the project timeline. She stated the grade inspection on Thursday went well. Letters have been sent to the residents from the Engineer who will have culverts replaced. The letter states that there will be about five days that they will not be able to access their driveways nor will they be able to park on the street as it will be under construction. Contact will be made with these residents to notify them verbally that this will be an issue. The Fire Department, Police Department and the schools have all been notified of the schedule.
Clerk Poulos was not present at this meeting. Minutes were transcribed by video. Video equipment failed and 38 minutes of this meeting were not taped. Video started back up for the last 1 minute of the meeting. Action taken was provided by the President.
4. FULTON STREET RECONSTRUCTION PROGRESS UPDATE
Removed from Agenda.
5. CDBG MUNICIPAL PARKING LOT
MOTION by Clark, seconded by Cooper, to allow the DPW Supervisor to solicit bids for the Municipal Parking Lot project.
All Ayes CARRIED
6. WELL HOUSE #8
Rowe received four references for CMA Design Build, Inc., three were outstanding (one was the Armada Fire Department) and one was from the Oakland County Parks and Recreations and was not treat. Rowe felt it was a personality conflict. Rowe recommended.
MOTION by Sutherland, seconded by Clark, to accept the bid from CMA Design Build Inc. for the construction of Well House #8 in the amount not to exceed $172,990.00 and authorize the Village Clerk and President to sign all documents on behalf of the Village.
Ayes: Sutherland, Clark, Wolak, Stirrett, Coenen, Cooper, Stork
Nays: None CARRIED
CITIZENS COMMENTS
Tom Seales introduced himself to Council and answered Council questions.
COUNCIL COMMENTS
Cooper made the announcement that Chief Smith authorized a Police escort of a MRAP R31 military vehicle to and from the Fall Festival.
President Stork made the following announcements:
Benefit Spaghetti Dinner for Greg Seago to be held at the K of C Hall on October 16, 2009, from 4:00 pm to 8:00 pm. Free will donation accepted at the door.
No further business.
MOTION by Coenen, seconded by Cooper, to adjourn the meeting at 8:37 pm.
All Ayes CARRIED
Minutes submitted by:
Michelle Poulos, Armada Village Clerk