VILLAGE OF ARMADA
REGULAR COUNCIL MEETING
MONDAY, OCTOBER 26, 2009
7:00PM
President Stork called the meeting to order at 7:01 p.m. All rose for Pledge of Allegiance. Present at roll call: Stork, Stirrett, Clark, Coenen, Cooper, Wolak, Sutherland. Also present: Clerk Poulos, Treasurer Adair, Lisa Matte, Debra and Dave Randall, Scott Chabot, Ben Delecke, Matt Fahr, John Paterek, Ed Serwatowski, David Wagner, Brian Lee, Gary Timmer, Tom Arlington, Dwayne Males, David Stork, Gaylene Barker, and Lydia Atkinson.
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.
All Ayes CARRIED
CITIZEN COMMENT
None received.
GENERAL BUSINESS
MOTION by Clark, seconded by Cooper, to approve the consent agenda as presented.
All Ayes CARRIED
Approval of RCM Minutes of 10/12/09 pulled, added as Agenda Item #10.
Payment of Bills totaling $20,742.55 approved for payment as follows:
1. General Fund $ 9,574.50
2. Water Plant Fund $ 2,914.66
3. Water System Fund $ 0
4. Sewer Plant Fund $ 5,579.22
5. Sewer System Fund $ 94.15
6. Major Street Fund $ 168.04
7. Local Street Fund $ 0
8. Municipal Street Fund $ 2,411.98
9. DDA $ 0___
Total $ 20,742.55
C. Treasurer’s Report approved for filing.
Correspondence approved for filing:
None Received.
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 the blueprints for the lien to and decant lines are finished so they will be moving forward to complete these projects. He informed Council that Operation and Maintenance manuals are on site. He stated that the report contains a letter from the DEQ, under regulatory correspondence, regarding the Inspection Report for bio-solids and that one action is required to keep transmittal letters on site, which will begin from this year on. Gary will include this letter in his monthly report when it is received. Regarding the sales tax charges as discussed at a previous RCM, the accountant for Untied Water will be speaking to Glen McBride and more information on this will be presented in the next monthly report. It was stated that there is a pump in disrepair and that information on replacing was given to Trustee Stirrett. Stirrett will meet with the Treasurer to discuss and bring this item back to the next RCM. Gary Timmer introduced John Bartells, Technical Manager at Untied Water, to Council.
MOTION by Stirrett, seconded by Cooper, to accept the Untied Water Report for September, 2009 as presented.
All Ayes CARRIED
3. BUDGET AMENDMENTS
Many budget amendments were submitted from the Treasurer for Council’s discussion. Discussion followed with several questions of Council concerning the need for these amendments and how they affect the bottom line of each department’s set budget. Treasurer Adair stated that she and the President had met and these amendments had stemmed from these meetings. She also informed Council that she had met with Curtis McBride (McBride, Manely, Miiller) and he stated that some of the amendments are not necessary. It was recommended that Council have a workshop before the next regular Council meeting to discuss and understand each budget amendment.
MOTION by Clark, seconded by Cooper, to set a workshop date of November 9, 2009 at 6:15 pm to discuss budget amendments.
All Ayes CARRIED
4. WELL HOUSE #8 UPDATE/PERMIT FEES
Water Commissioner Dan Sutherland updated Council on the Well House #8 Project progress. He provided Council with a timeline of the project (on File), which was provided by CMA Build Design Services (contractor) stating the timeline is weather, site condition, electrical condition dependent and whether there are changes in the scope of work. Original completion date was scheduled for March but the new anticipated completion date is mid January. Permits for water and wetland have been obtained and the DEQ has authorized the digging of the trench, laying of pipes and anything else that needs to be done to get the ground ready. Other permits must be pulled through the Village, which he believes has not been done yet. Sutherland stated that the excavating can begin without these permits.
Sutherland stated that he understands that in the past when the Village is preparing a project that requires permits, the Village has waived the permit fees, leaving only the cost of the inspections. Dennis LeMieux, Building Inspector, explained this by stating that the fees would run about $500.00 to $600.00 and the inspection fees would run around $200.00. Council could save approximately $400.00 by waiving the permit fee. He stated that the plumbing and mechanical would be figured differently and he does not know the fees. The financial guarantee would be paid by the Contractor.
MOTION by Sutherland, seconded by Coenen, to waive the building permit fee for the Village of Armada For Well House #8.
All Ayes CARRIED
5. THANK YOU FOR THE 2009 GARDENS
President Stork thanked each of the people/organizations for their beautiful work on the downtown gardens and presented each that was present with a plaque in recognition of their hard work. The people who were not present were named and will be given their plaques privately. Thanks were extended to Gaylene Barker, Lydia Atkinson, Nicole Beaubien, John Paterek, Armada Fair Board, Licks Ic Cream, Olivia Chambers, Wolak Farms, Stella Pytleski, Kozy Korner, Richard and Joan Weinand, and David Stork.
6. ADOPT A GARDEN PROGRAM
President Stork submitted to Council a proposed application and guidelines that she had prepared to begin an Adopt-a-Garden program within the downtown district. She reviewed this program and invited any person or organization to consider adopting a garden for next year.
MOTION by Clark, seconded by Sutherland, to accept the Adopt a Garden Program as presented.
All Ayes CARRIED
7. DOWNTOWN SPRINKLER SYSTEM
President Stork stated that she had contacted the sprinkler services and the project can still be done this year. The project will be paid for with CDBG funds and as reimbursement to the DDA for the money that they were putting forth for the water system. Trustee Coenen inquired whether the DDA Board is aware that they will have to pay a water usage fee. President Stork replied that they are aware but this has not been finalized with them and at the suggestion of the Village Attorney, the bill should be paid out of the General Funds since the DDA is in a construction phase vs. a maintenance phase. Coenen stated that other departments are charged for water usage and would prefer to remain consistent, which the Treasurer agreed to by stating that all departments are charged for water. Stork stated that this would be a decision for the Council and the DDA, but it is a general expense as the DDA does not own the district. Coenen stated that he believes this a Council decision only. Stork said it would be a DDA decision whether they would accept a charge like that. John Paterek, Chairman of the DDA, stated that the DDA paid for the lights downtown but do not pay the electric bill for them. Coenen replied that the Village always paid for the lighting downtown, it’s not a new expense, water usage to a sprinkler system is and water usage should be paid for through the DDA. Trustee Stirrett stated that the Village or the DDA are ultimately responsible for this as a water bill must be paid as stipulated in the bond. The Clerk inquired about tap in fees as allowed for in the water rate resolutions and Stork responded that these fees could also be waived. Stirrett calculates that the water and sewer tap in fees could be as high as $8,500.00 and raised several concerns over the Village waiving fees when residents cannot and whether the Village could, or has in the past, charged only water without a sewer charge on the bills. He feels that this could prompt residents to believe that they could install water only meters for lawn watering and the filling of pools. He also stated that there will also be costs incurred in winterizing and opening up the sprinkler system and would like a clear definition of who will be paying the quarterly bill, the DDA or the Village General Fund. Stork stated that there are no houses located in these flower beds and that it is not a personal or business property so there will be no sewer hook up therefore no sewer tap in fee should be charged. She stated that she will get the exact cost of the tap in fees and will bring back to the next RCM and she will also discuss the costs with the DDA at their next meeting.
MOTION by Coenen, seconded by Sutherland, to allow the DPW Supervisor to solicit bids for the Downtown Sprinkler System.
Ayes: Coenen, Sutherland, Clark, Cooper, Wolak, Stork
Nays: Stirrett CARRIED
8. TREE CITY USA
Trustee Clark stated that in order to become a Tree City USA, the Village needs to adopt a tree ordinance which follows certain guidelines. Clark explained one of the benefits of becoming a Tree City USA includes the opportunity to obtain grants for trees and a few Village trees need to be removed and this would be an opportunity to replace them. A sample was prepared and submitted for Council’s approval. Clark would like to give this sample to the Attorney for his recommendations. It was suggested that the Planning Commission should review the ordinance before paying the Attorney to review. The Planning Commission Chairman asked Council if this would be a Zoning Ordinance or a Village Ordinance because Planning is generally only involved in Zoning. Clark stated he would still like the Planning Commission to review.
MOTION by Clark, seconded by Stirrett, that the tree ordinance be looked over by the Village Planning Commission with the addition of any of their comments before it is turned over to the Village Attorney.
All Ayes CARRIED
9. FRANKLIN/HOLLWEG STREET PROJECT UPDATE
Street Administrator Clark gave a brief update of the Franklin/Hollweg Street Project. He stated that the cement driveways, the curbing and sidewalks are either close to completion or installed. Scott Chabot of Giffles/Webster stated too that the culverts have been installed, ditches have been completed, the road has been pulverized and graded and that cold milling has been done between Jefferson and Franklin. He reminded residents to stay off of the cement to give it time to cure. He stated it would be set by Halloween so that will not be an issue. Paving and grading of the ditches and final restoration are the final steps for this project. He stated that the contractor is working very diligently to meet the substantial completion date of October 30. He stated that although there have been a few delays, due to weather and such, the date should still be met. Chabot continued by stating the project has remained in budget, with no overruns. He informed Council that there was a progress meeting with the contractor and there are concerns about the stabilization of the restoration portion of the project. He stated that the issues are with steep grades in the ditches and whether the proposed ground covering could withstand the grade due to the lateness of the season. He stated that heavy rains or snow could drag the ground covering to the bottom of the ditch before it has time to root. He stated that they are also concerned with the proposed ground covering having time to germinate, which was also a concern of some residents. He offered a couple of options for Council’s consideration. One option would cost around $20,000.00 and included placing sod throughout the entire project. The other option would cost between $6,000.00 and $10,000.00 and would place sod in the steep areas and cover the rest as originally planned. Chabot recommends option two and believes it could be done for $6,000.00. Trustee Wolak does not feel that this should have been an issue as the Engineer and the contractor both knew the proposed time span of this project and should have planned for it. Stork reminded Council that the contractor was $40,000.00 less than any other bid that was received so even if Council chooses to spend $20,000.00, which she does not recommend, the Village is still ahead $20,000.00. The options were discussed at length.
MOTION by Clark, seconded by Cooper, to approve a not to exceed amount of $6000.00 for a revision to the restoration of Franklin/Hollweg Street Project per the Engineer’s recommendation.
Ayes: Coenen, Sutherland, Clark, Cooper, Stirrett, Stork
Nays: Wolak CARRIED
Trustee Coenen stated that he has been approached by residents about the intersection of Hollweg/Franklin appearing to be very narrow; he has been to this intersection and is concerned that two vehicles could not fit. Chabot assured the Council that the road width has not narrowed, it is still 20 feet. He stated when the asphalt is layed; the road width will still be 20 feet. Trustee Cooper raised concerns she has heard from residents about Halloween and whether there will be parking on Hollweg and that there is not shoulder next to the sidewalk, she fears someone could slip off into the ditch. Chabot explained that there should be no parking on Hollweg and the ditching was part of the approved plan. Cooper also stated that she has received a couple of calls from residents on Morrison regarding the new trenches and their concerns about mowing lawns with riding lawn mowers due to the depth of the culverts. Stork stated that this has been addressed by adding top soil so the grade is raised and she has also addressed this issue with the residents.
10. APPROVAL OF RCM MINUTES OF 10/09/09
Correction to page 1, third line reads, “Sutherland” should read “Absent: Sutherland.” Correction to page 2, under Fire Department Report, motion reads “MOTION by Cooper, seconded by Coenen” should read “MOTION by Cooper, seconded by Stirrett”. Addition to page 4, under Franklin/Hollweg Street Project Update, fifth line reads”…delays were caused by weather,” added “…delays were caused by weather, pavement should be completed by Halloween”. Removed from Page 5, under Planning Commission Appointment, last sentence “President Stork stated that she will address this by stating issues that have happened, according to her, in the Planning Commission.” Addition to page 5, under Planning Commission Appointment, second bullet point, added to the end of the third sentence, “by the Commissioner.” Correction to page 6, first bullet point reads, “She continued by stating that the reason Tom Seales…” should read “She continued by stating that one of the reasons Tom Seales…” Correction to page 6, eight lines from the bottom reads “stayed behind and discuss business” should read “stayed behind and discussed business”. Addition to page 7, third sentence added to the end “about parking requirements” second to last sentence in the first section added to the end “she also stated the Pizza Place was approved without Planning input”. Correction to page 7, second to last sentence reads “…President and even stated…” should read “…President and stated…”. Change to page 7 the eighth and ninth lines in the first section reads “…Stork would like all Planning Commission members to receive training…” changed to read “…Stork stated that training was a commission issue that needs to be addressed…” Change to page 8, first paragraph, third line reads “catalogued all of the Village trees under a grant the Village received” changed to read “catalogued all of the Village trees the Village received a grant”. Correction to page 8, motion to adjourn reads “MOTION by Coenen, seconded by Cooper” should read “MOTION by Cooper, seconded by Clark”.
MOTION by Cooper, seconded by Clark, to approve minutes of October 12, 2009 regular meeting of the Village Council as amended.
Ayes: Clark, Stork, Stirrett, Cooper, Coenen
Nays: Wolak
Abstain: Sutherland CARRIED
OLD BUSINESS
1. PLANNING COMMISSION APPOINTMENT
Debra Randall submitted her letter of resignation (on file) from the Planning Commission effective immediately.
MOTION by Cooper, seconded by Clark to accept the resignation of Debra Randall from the Planning Commission with regret.
All Ayes CARRIED
President Stork recommended Carol Morgan and Tom Seales for appointment to the two open Planning Commission seats.
MOTION by Cooper, seconded by Coenen, to appoint Carol Morgan to the Planning Commission to a term ending December 31, 2009, and to appoint Tom Seales to the Planning Commission to a term ending December 31, 2010, subject to the appointees meeting the qualifications set forth in Chapter II of the Village Charter.
All Ayes CARRIED
2. INSURANCE COST REDUCTION
At the last RCM, the Clerk notified Council of an award the Village received for decreasing the MOD rating for the Property Pool and Liability Insurance, which would decrease costs to the Village. At that meeting, she told Council that she did not have the amount of the savings but has since talked to the MML and was told that the yearly savings is $5,608.00 and it will decrease more if the MOD rating continues to drop.
CITIZENS COMMENTS
Planning Commission Secretary Lisa Matte read a prepared statement to Council regarding the recent allegations against herself and the Planning Commission by President Stork and Debra Randall. She denies any wrong doing on the Planning Commission’s part and is very disappointed in the President’s public accusations.
COUNCIL COMMENTS
Trustee Cooper offered her apologies to the Planning Commission and Lisa Matte for the allegations put forth at the last Regular Council Meeting and stated that these statements did not represent her or her feelings.
President Stork made the following announcements:
H1N1 information is available at the Village Office.
No further business.
MOTION by Cooper, seconded by Coenen, to adjourn the meeting at 9:12 pm.
All Ayes CARRIED
Minutes submitted by:
Michelle Poulos, Armada Village Clerk