VILLAGE OF ARMADA
REGULAR COUNCIL MEETING
MONDAY, OCTOBER 12, 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. Absent: Sutherland. Also present: Clerk Poulos, Treasurer Adair, Ed Serwatowski, Scott Chabot, David Stork, Dennis LeMieux, John Paterek, Ben Delecke, Mike Shall, Debra Shall, Carol Morgan, Debra Randall, and David Randall.
AGENDA, APPROVAL OF
MOTION by Cooper, seconded by Clark, to approve agenda as amended.
Removed Budget Amendments until the next RCM.
All Ayes CARRIED
CITIZEN COMMENT
Mike Shall spoke on behalf of Tom Seales stating he would be a good choice for the Planning Commission.
GENERAL BUSINESS
MOTION by Clark, seconded by Cooper, to approve the consent agenda as amended.
All Ayes CARRIED
Approval of RCM Minutes of 9/28/09 removed, added as Agenda Item #10.
Payment of Bills totaling $28,084.05 approved for payment as follows:
1. General Fund $ 5,324.98
2. Water Plant Fund $ 978.10
3. Water System Fund $ 0
4. Sewer Plant Fund $ 16,674.04
5. Sewer System Fund $ 236.74
6. Major Street Fund $ 1,792.32
7. Local Street Fund $ 2,903.60
8. Municipal Street Fund $ 174.27
9. DDA $ 0___
Total $ 28,084.05
C. Correspondence none received.
2. BUILDING DEPARTMENT REPORT
Building Inspector Dennis LeMieux read aloud the written Building Department Report submitted to the Clerk for filing.
MOTION by Cooper, seconded by Coenen, to accept the Building Report as presented and place on file.
All Ayes CARRIED
3. FIRE DEPARTMENT REPORT
Dennis LeMieux read aloud the Fire Department Report submitted by Fire Chief Jerziewski. He stated that the ALS has been running for two months and is having good response time.
MOTION by Cooper, seconded by Stirrett, to accept the Fire Department Report as presented and place on file.
All Ayes CARRIED
4. BID OPENING FOR VILLAGE CRACK SEALING
Street Administrator Clark received one bid for the crack sealing of Village streets which was from Pave Tech Systems, Inc. in the amount of $4,500.00 with an option to heat lance and over band only at a cost of $3,900.00. The DPW Supervisor stated that the second option for $3,900.00 is what the Village would use. Clark stated that he had spoken with the DPW Supervisor and as long as the weather is above 40 degrees, the seal should hold.
MOTION by Clark, seconded by Cooper, to accept the bid from Pave Tech Systems, Inc. in the not to exceed amount of $4,500.00 to crack seal 6,000 linear feet of Village streets after verification from the DPW Supervisor.
Ayes: Clark, Coenen, Cooper, Stirrett, Stork, Wolak,
Nays: None
Absent: Sutherland CARRIED
5. BID OPENING FOR MUNICIPAL PARKING LOT
Street Administrator Clark received two bids for the paving of the municipal lot behind Kozy Korner. The first bid was from Pro Line Asphalt Paving in the amount of $13,852.30 and the second was from Total Asphalt Paving in the amount of $13,319.80. President Stork explained that this is a CDBG project and will need to adhere to Davis Bacon wage scales.
MOTION by Clark, seconded by Coenen, to accept the bid from Total Asphalt Paving in the amount of $13,319.80 for 12,220 square feet of pavement, wedge low areas with HMA,1100T, clean off existing pavement and apply SS1H bondage emulsion, apply 2 inches of HMA 1100T wearing course, and to stripe parking lot with 4 inch waterborne paint to mark parking spaces after the DPW Supervisor verifies that all requirements are covered.
Ayes: Clark, Coenen, Wolak, Stirrett, Cooper, Stork
Nays: None
Absent: Sutherland CARRIED
6. VILLAGE WASTE DISPOSAL CONTRACT
The Village Clerk received a renewal contract from Busy Bee Disposal for the Village waste hauling in the amount of $748.00/year, which is the same amount as last year.
DPW Supervisor Ed Serwatowski stated that he is happy with the service. The Clerk explained that the Village solicited bids last year for this service and this was the lowest cost.
MOTION by Cooper, seconded by Stirrett, to allow the Clerk to enter into a service agreement with Busy Bee for a four yard dumpster with weekly pick up and to pay a one year up front payment of $748.00 to allow for a discounted price.
Ayes: Cooper, Stirrett, Stork, Clark, Wolak, Coenen
Nays: None
Absent: Sutherland CARRIED
7. BUDGET AMENDMENTS
Removed until the next Regular Council Meeting.
8. APPROVAL OF RCM MINUTES OF 9/14/09
This item was brought back from the last RCM. Changes were made and presented to Council with highlighted copies to specify who made the requested change. Council discussed the practice of changing the minutes between the time Council is presented with them (generally the Friday before the Council meeting) and the meeting where they will be approved. The practice of the Clerk has been to accept corrections and changes recommended by members of the Council and the President, within reason, to the minutes and to submit the corrections to the Council prior to the meeting for approval. Trustee Coenen suggested all changes be made at the meetings to which the Clerk agreed.
MOTION by Clark, seconded by Coenen, to approve minutes of September 14, 2009 regular meeting of the Village Council as amended.
All Ayes CARRIED
9. CHANGE OF AGENDA FORMAT
President Stork discussed with Council the possibility of changing the Agenda format. She explained that at several meetings that she has attended, the Old Business portion of the Agenda is at the beginning of the Agenda. The discussion included different formatting ideas from the Attorney, who will present these options to Council at the first meeting in November.
10. APPROVAL OF RCM MINUTES OF 9/28/09
Correction to page 2, under Consent Agenda Item G Planning Commission Minutes of 7/6/09, 8/03/09 and 9/03/09, reads “Removed 7/06/09 Minutes until the next RCM” should read “Removed 7/6/09 Minutes” Correction to page 2, under United Water Report, motion reads, “…as amended and place on file” Should read, “…as amended and place on file minus Appendix B” Correction to page 2, under Auditor’s Proposal for 2010 Audit, thirteenth line down reads “McBride, Manley and Miiller generally charges $65.00/hour" Should read “McBride, Manley and Miiller stated that the Village averages around $65.00/hour” Correction to page 3, fourth line down end of sentence added, “when preparing budgets.” Correction to page 3, under Sidewalk Improvement Resolution, fourth line down reads, “Trustee Cooper asked if the resolution…”, changed to read, “Trustee Cooper asked if the policy” Correction to page 4, under Planning Commissioner Report, fifth line down reads, “Plan and the direction is should follow” should read, “Plan and the direction it should follow”, Correction to page 5, under North Fulton Street Project Progress Update, motion reads “…amount of 42,500.00 ...” should read, “…amount of $4,200.00…” Addition to page 6, under Well House #8, added “Rowe received four references and three were outstanding (one was the Fire Station) and one from the Oakland County Parks and Recreation was not a good reference. Rowe felt it was a personality conflict and Rowe still recommends” Addition to page 6, under Council Comments, added “Cooper made an announcement that Chief Smith authorized a Police escort of a MRAP R31 military vehicle to and from the Fall Festival” Addition to page 6, added the motion to adjourn “MOTION by Coenen, seconded by Cooper to adjourn the meeting at 8:37 pm”. The Clerk announced to the public that these minutes are from the last meeting and that she was not in attendance at this meeting. The minutes were transcribed by DVD and the last 30 or so minutes were lost due to a technical difficulty, so any additions to the minutes on Page 6 are not the fault of the Clerk.
MOTION by Cooper, seconded by Stirrett, to approve minutes of September 28, 2009, regular meeting of the Village Council as amended.
All Ayes CARRIED
OLD BUSINESS
1. FRANKLIN/HOLLWEG STREET PROJECT UPDATE
Street Administrator Clark informed Council that the ditching and culvert work has begun on the project. Scott Chabot from Giffels/Webster stated that gas line work is completed, steel lines have been replaced with plastic and that pulverization of the road will begin on Thursday (October 15). The pulverization had been scheduled to begin on October 2, most delays were caused by weather, but the November 6 completion date is still on schedule and pavement should be completed by Halloween. A full-time inspector is onsite to monitor progress. President Stork stated that contact was made with the residents who are having culverts installed and driveway approaches replaced to notify them verbally that they will not have access to their driveways when the concrete is laid for five days so the concrete can cure, but will have access until that time.
2. WATER RATING RESPONSE FROM DPW SUPERVISOR
DPW Supervisor Ed Serwatowski submitted a written response to Trustee Cooper’s questions of the DEQ water supply evaluation rating of “Satisfactory” and the report that was submitted with it. Serwatowski explained that there are only two ratings from the DEQ, satisfactory and unsatisfactory. He explained that an unsatisfactory rating would be accompanied with fines. He also explained that the sixteen page evaluation that accompanied this letter and is on file for Council to review if they wish.
3. SIDEWALK IMPROVEMENT RESOLUTION
Trustee Clark clarified a statement made at the last RCM. He had stated that a16% administrative fee would be incurred on all delinquent sidewalk invoices, but corrected that statement by saying that the administrative fee would be included on all of the invoices, not just the delinquent. The Attorney explained that the administrative fee covers, but is not limited to, the time put in by the Village office, the Attorney, the DPW, the postage for certified mailings, and if the invoice does not get paid, and the filing fees with the County to place a lien on the property. The Clerk explained that the 16% of the total job being charged to residents (residents pay 50% and the Village pays 50%) is $698.54 and that there is already $130.20 in mailing costs alone without including the other expenses. The Attorney continued by stating that the Village of Armada is very generous to only charge 50% of the job total to the resident as many other municipalities charge 100% plus administrative fees.
4. EXTRA MEETINGS FOR THE PLANNING COMMISSION
Council Liaison to the Planning Commission Michael Stirrett explained to Council that the Planning Commission will be in need of extra meetings to complete the Sign Ordinance and the Master Plan. He stated that President Stork informed him that, in the past, the Council has approved extra meetings for the Planning Commission.
MOTION by Stirrett, seconded by Clark, to allow the Village of Armada Planning Commission to have more than one meeting per month as deemed necessary by the Planning Commission Chair and Council Liaison for purposes of completing the Master Plan and the Sign Ordinance.
Ayes: Stirrett, Clark, Coenen, Cooper, Wolak, Stork
Nays: None
Absent: Sutherland CARRIED
5. PLANNING COMMISSION APPOINTMENT
Trustee Stirrett brought the item back for Council discussion as the Planning Commission has the Sign Ordinance to finish and work on the Master Plan to begin this month and a full board would be helpful. He stated that one of the reasons President Stork stated for her appointment of Carol Morgan was her teaching position, as the Planning Enabling Act recommends certain professions be represented on the Planning Commission and teaching is one of them. Stirrett informed Council that the Planning Commission presently has a member who is a retired teacher. Paul Shoemaker holds a Masters Degree in Education and has 32 years of teaching experience. President Stork stated that she will address this by stating issues that have happened in the Planning Commission.
The last three people recommended by the President and appointed by the Council to the Planning Commission, have been suggested by Trustee Stirrett and Chairman Delecke. President Stork has made three recommendations over the last several Council meetings, Carol Morgan and Maureen Finn, who were both refused by a majority of Council, and Brandon Saelens, who was appointed.
Stork attended a Planning Commission meeting where the Sign Ordinance was being discussed. A portion of the sign ordinance stated that a sign could not be placed within 15 feet of the Village right of way. She stated that this was discussed and agreed upon by the Commissioner. Stork pointed out that did not allow for any campaign signs to be placed in any front yards.
Another issue she feels with the Planning Commission is the Master Plan. She stated that this was addressed at the Council table in April 2007, when it was stated that it would be completed by the end of that year and it is still not completed.
She also stated that a Planning Commission member was shut in the Council room with the door locked and chastised for her comments which were open to the public. She claimed that the same member was called by the Chairman and the Co-Chair and chastised about these same comments.
Stork stated that she feels there is a problem with the Planning Commission as members are “going along” with the Chairman. She continued by stating that the board needs independent thinkers, which she knows Carol Morgan to be and that’s why she continues to recommend her. She stated that another recommendation to her for the Planning Commission was a family member of the Chairman.
Stork continued by stating that after the meetings adjourn, a quorum stays behind and discusses Planning Commission business and, that after the last meeting, the door was locked during this.
She continued by stating that one of the reasons Tom Seales has not been recommended for the Planning Commission is that Carol Morgan has not been given the same consideration from Council. Mr. Seales introduced himself to Council at the last RCM and Council asked questions of him and Ms. Morgan has not been given the same consideration.
She stated that the members of the Planning Commission are basically volunteers and that members are being abused, things are going on that are not right and that people are just going along without investigating options.
The next item she brought to Council’s attention was the Village Pocket Park that the Planning Commission turned down because it did not meet the maximum parking requirements of the Village offices. She stated that at the very next Planning Commission meeting a business was approved after meeting the minimum parking requirements. She stated that she could not find anything on file where a business has ever been denied for not meeting the maximum parking requirements and that the Planning Commission board members went along with this relying on advice that they believed correct.
Stork continued by saying that she went through 21 years of Council meeting minutes and the Council has never turned down the Presidents recommendation for a Planning Commission appointment. She stated that if the Planning Commission board had independent thinkers, the board would not have these issues. Stork stated that she had spoken to the Planning Commission Chair and Co-Chair about appointing Lisa Matte as the Recording Secretary, which would open up another seat on the board and both Tom Seales and Carol Morgan could be appointed, but she stated that this proposal was rejected.
Trustee Stirrett, Co-Chairman of the Planning Commission, responded to some of the accusations. He explained that he called the Planning Commission member because President Stork told him that the Planning Commission was close to violating the Open Meetings Act by discussing non agenda items. He called this member to explain to her why he tried to stop her from speaking, as she was discussing non agenda items. Stork stated that this member was addressing an item which she (Stork) brought up as the general public and that agenda items are added all the time. She referred to a previous Planning Commission meeting at which a statement was made that the Council President was not going along with the Planning Commission recommendation to go before the ZBA to contest the Pocket Park ruling because it was not her idea, which she stated was not true. She added that at that same meeting, the Pocket Park was discussed under Chair Report and other businesses have been discussed under this heading as well. She stated that this is not the forum for these discussions as the businesses do not know they are being discussed as they are not agenda items, to which Stirrett agreed but countered that the Pocket Park, at this meeting, was only discussed as an update. Stirrett asked the Attorney what the quorum is for the Planning Commission, which is four, and stated that only three members remained behind. Two remained in the Council chamber and he was in the Village office, not in the Council chamber. Stork stands corrected but still stated that, in the past, four members have stayed behind and discussed business after the meetings are adjourned, sometimes behind locked doors, as she has she has been outside and overheard these discussions. Stirrett countered that he had locked the door at the request of the President. He continued by saying that any member of the Planning Commission had the right to vote no on the Village Pocket Park, and they did so after reviewing the project and the maximum parking spots allowed. Stork reiterated that no business has ever been denied for not meeting the maximum. Stork stated that because the Planning members are relatively new, they voted on the advice that they were given and did not research it themselves, which concerns her. Trustee Coenen stated that Paterek Mold was turned down by the Planning Commission for inadequate parking and the Council overruled Planning and approved him. He believes the Planning Commission to be consistent about parking requirements. Stork stated that he was denied for not meeting the minimum, not the maximum. Trustee Cooper stated that she became an independent thinker on the Planning Commission only after training and some experience. She feels that someone with experience in the planning process, as Tom Seales is, would already be an independent thinker. Stork stated that training was a Planning Commission issue that needs to be addressed. Planning Commission Chairman Ben Delecke also responded to the statements of the President. He stated when he talked to the Planning Commission member in question he did not tell her how to vote or what to say, only if she is going to represent the Planning Commission as she did, she need to use caution. He also stated that he did not call this member to chastise her, she called him, and during this phone call, he asked her if she had read the ordinance pertaining to parking before attending the meeting and she replied that she hadn’t. Delecke stated that he takes his job seriously and is insulted by the President’s accusations. He stated that the Pocket Park was denied within the boundary of the ordinance for minimum and maximum usage and that the Master Plan states that the Village office does not have enough parking. The Planning Commission is responsible to the Master Plan and the Zoning Ordinance and he feels the Board is being chastised for upholding them and if the Board makes exception for the Village, they will have to make exception for everyone. He said that the Chair Reports are for updates, not for decision making. Trustees Coenen and Wolak both stated that they were willing to appoint Carol Morgan to the Planning Commission but the President only recommended Brandon Saelens at that Council meeting, which the President replied that it corrected a DDA issue (too many members) and the open seat on the Planning Commission. Wolak reminded Council that he recommended Ms. Morgan for that seat at that meeting. Debra Randall addressed Council stating that she was the member who was chastised. She reiterated the points made by the President and even stated that there is a “clique” on the Board. She also stated the pizza place was approved withougtPlanning input. She stated that appointing Lisa Matte as Recording Secretary would open up a seat on the Board and that this would allow for both Mr. Delecke’s people and President Stork’s people.
6. SPICER GROUP PERMITS FOR NORTH FULTON STREET
President Stork responded to questions put forth at the last RCM. She explained that there was some concern over whether any of the other bidders, who were not awarded the project, included the cost for the preparation of the permits. She stated that all of the other bidders have stated that they would not have paid for the preparation of the permits, with the exception of Giffels/Webster who would have paid for the soil erosion permit. She also compared the scope of project and it was not included. She continued stating that Spicer did not include a scope of project in their original package because the Village had provided it. When they did a final approval, Spicer included a scope of project which was pretty much the same as the Village’s. President Stork added that the permits are included in the reimbursibles. Scott Chabot of Giffels/Webster corrected President Stork by stating that Giffels/Webster would not have paid for the soil erosion permit costs, but would have paid for the preparation.
CITIZENS COMMENTS
Carol Morgan introduced herself to Council. She stated that independent thinkers may just raise questions and make other people think as well. It does not mean that an independent thinker would necessarily oppose every issue brought up and whoever is appointed to the Planning Commission should ask questions, think things through and receive clarification. She also informed Council she and President Stork are members of a Tree Committee which also includes Trustee Clark. She presented Council with a flyer explaining the advantages of becoming a Tree City USA Village, which is an item that she and President Stork have discussed. President Stork stated that the DNR catalogued all of the Village trees the Village received a grant and it was suggested at that time that the Village work towards a tree ordinance and investigate becoming a Tree City USA as more grants will be available. Trustee Clark explained that the committee will be presenting this to Council at a later date. John Paterek questioned the 16% administrative charge as applied to property owners. The Attorney stated that this administrative charge would be charged against the 50% owed by the homeowner according to the size of the job.
COUNCIL COMMENTS
The Clerk explained to Council that the Village had received a loss control award from the MML for having the most improved experience modification factor for the policy year beginning July 1, 2009 in Category 4, which are those Fund members with premiums $15,0001.00 - $25,000.00. She explained that the Village has dropped its MOD rating down which lowers the costs. She explained that she, the DPW Supervisor, the Police Chief have worked very diligently with the MML and Risk Management to help keep claims down to lower this rating to improve insurance costs.
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.
Large item trash pick up will be the week of October 19 -23 for Village residents.
Leaf pick up will begin Wednesday October 21. The DPW will be picking up dry leaves only. Burning of leaves is prohibited in the Village.
The month of October is Domestic Violence Recognition month. Turning Point can be reached at 586-463-6990 and Safe Horizons. Both organizations are looking for volunteers and are online and have donation lists posted.
The month of October is Breast Cancer Awareness month.
No further business.
MOTION by Cooper, seconded by Clark, to adjourn the meeting at 9:09 pm.
All Ayes CARRIED
Minutes submitted by:
Michelle Poulos, Armada Village Clerk