VILLAGE OF ARMADA
REGULAR COUNCIL MEETING
MONDAY, DECEMBER 14, 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, Dave Stork, Ted Hautala, Ed Serwatowski, Dennis LeMieux, Nancy Parmenter, Matt Fahr, John Paterek, and Dave Wagner.
AGENDA, APPROVAL OF
MOTION by Cooper, seconded by Sutherland, to approve agenda as presented.
All Ayes CARRIED
CITIZEN COMMENT
None received.
ADMINISTRATIVE REPORTS
Dennis LeMieux read aloud his monthly Building Department report (on file).
Dennis LeMieux informed Council that the Fire Department made 39 runs last month, with no injuries, on behalf of Steve Jerziewski, Fire Chief.
Water Commissioner Sutherland gave two updates to Council:
Well House #8 – Sutherland updated Council on the progress of the Well House #8 project. He stated that gas and electric lines have been put in but are not connected, the main line from the pump house area to the valve has been installed, the driveway has been grated and smoothed out, and geotech fabric and limestone have been laid. He stated that he has not been updated by the Engineer, but President Stork received an update this afternoon which contained everything Sutherland presented.
Water Tower Maintenance Update – Sutherland provided Council with a packet outlining the proposed maintenance to the Water Tower. Dan Kitchen from Utility Services will make a presentation to Council at the next Regular Council Meeting.
GENERAL BUSINESS
MOTION by Cooper, seconded by Clark, to approve the consent agenda as amended.
All Ayes CARRIED
Approval of RCM Minutes of 11/23/09 pulled, added as New Business Item G.
Payment of Bills totaling $34,527.44 approved for payment as follows:
1. General Fund $ 9,239.24
2. Water Fund $ 1,853.65
3. Sewer Plant Fund $ 18,642.87
4. Sewer System Fund $ 342.60
5. Major Street Fund $ 2,942.59
6. Local Street Fund $ 1,257.89
7. Municipal Street Fund $ 248.60
Total $ 34,527.44
C. Budget Workshop Summary approved the workshop summary of 11-9-09
for filing.
No Old Business was presented at this meeting.
A. MUNIVEST PRESENTATION
A representative of MuniVest was delayed due to weather. Items B, C, and D were moved ahead while waiting for his arrival.
B. DESIGNATION OF STREET ADMINISTRATOR
The Village must annually appoint a Street Administrator by resolution. The current Street Administrator Steven Clark agreed to this appointment again this year.
MOTION by Cooper, seconded by Stirrett, to adopt the resolution designating Steven Clark as the single Street Administrator for the Village of Armada in all transactions with the State Transportation Department as provided in ss13 of Public Act 51 of 1951 (MCL 247.663).
All Ayes CARRIED
C. ANNUAL PRESIDENTIAL COMMISSION APPOINTMENTS
The President annually appoints Trustees as commissioners. All current commissioners agreed to remain with their Commissions.
MOTION by Coenen, seconded by Cooper, to confirm the President’s annual appointments of Daniel Sutherland as Water Commissioner, David Coenen as Park commissioner, Sherri Cooper as Police Commissioner, Michael Stirrett as Sewer Commissioner, Marvin Wolak as President Pro-Tem and Kathie Stork as Township Liaison for the Village of Armada.
All Ayes CARRIED
D. APPOINTMENT TO THE ZBA
Two letters of interest were received for the open vacancy on the ZBA created when Trustee Clark vacated the seat to serve on the Planning Commission. Trustee Michael Stirrett and Maureen Finn both submitted letters to be considered for the open seat. President Stork suggested Finn for the position. Trustee Cooper inquired as to whether the ZBA requires a Council liaison, Stork stated it does not. A discussion followed with Trustee Coenen stating that Clark was on Council while he served on the ZBA as was Treasurer Adair. Clark stated this was not a liaison, he volunteered to serve as the board was not full. Stork added that there has never been a liaison, nor is one required and that a report has never been presented to the Council from the ZBA. She continued by stating that Finn has twice volunteered to serve on Village boards and although Stirrett serves very well on the Council, he also serves as Sewer Commissioner and is serving on the negotiation committee for employee agreements and that the Council should consider a resident who is willing to volunteer. Trustee Sutherland stated that he feels, after reviewing both letters, that Finn has more credentials such as NIMS, MDEQ, MIOSHA and POTW, some of which he doesn’t recognize, and he would have to support the best candidate. Cooper stated that she spoke to ZBA Chairman Paul Shoemaker who supports Stirrett for the position.
MOTION by Clark, seconded by Sutherland, to appoint Maureen Finn to the Zoning Board of Appeals to a term ending December 31, 2011, subject to the appointee meeting the qualifications set forth in Chapter II of the Village Charter.
Ayes: Stork, Sutherland, Clark
Nays: Stirrett, Coenen, Cooper (has to go with the ZBA Chairman’s recommendation)
Abstain: Wolak (did not like the way it was presented by the President) FAILED
MOTION by Coenen, seconded by Cooper, to appoint Michael Stirrett to the Zoning Board of Appeals to a term ending December 31, 2011, subject to the appointee meeting the qualifications set forth in Chapter II of the Village Charter.
Ayes: Coenen, Cooper, Wolak, Stirrett
Nays: Stork, Sutherland, Clark CARRIED
President Stork personally apologized to Maureen Finn for repeatedly volunteering and being denied. Trustee Cooper stated that this appointment is not personally against Finn, she has nothing but respect for Ms. Finn, but she is voting by the ZBA Chairman’s recommendation and other issues regarding Ms. Finn’s previous Planning Commission issues, which have been previously discussed and she will not discuss again and we have always had a Council person on the ZBA.
A. MUNIVEST PRESENTATION
Ed Wormsbacher and Sam Senawi from MuniVest Financial Group gave a presentation outlining the advantages of contracting with MuniVest for future potential investment opportunities. He explained that MuniVest only associates with municipalities and unions and specialize in investment opportunities which are specific to them. There is no cost for this service and investments will only be made with the authority of the Village Treasurer. Treasurer Adair added that one of the advantages of using a company such as MuniVest is that they have the resources to shop around and negotiate the best rates for investments.
MOTION by Coenen, seconded by Sutherland, to allow the Treasurer to enter into an agreement with Munivest for potential future investment opportunities.
All Ayes CARRIED
E. DOWNTOWN SPRINKLER SYSTEM
Three sealed bids were received for the downtown sprinkler system and opened by President Stork.
Majestic $7,850.00
Maddox Irrigation $8,850.00
H2O Irrigation $4,870.00
MOTION by Coenen, seconded by Cooper, to accept the bid from H2O Irrigation for a cost not to exceed $4,870.00 for the Downtown Sprinkler System, pending the DPW Supervisor’s review.
WITHDRAWN
The motion was withdrawn after it was determined that it was not clear if water tap in fees would be due for this project and what fund would pay the quarterly water bill. It was stated by President Stork that CDBG would pay the water tap in fees. Tap in fees would cost $1,330.00 as stated by Trustee Sutherland. A lengthy discussion followed regarding whether the DDA or the General Fund would pay the quarterly water bill. DDA Chairman John Paterek stated that it was the consensus of the DDA board that money collected by the DDA is for projects, not maintenance. Trustee Wolak suggested waiting until spring to begin this project, if there are no time matters, so it is not done during the winter months.
MOTION by Sutherland, seconded by Coenen, to approve the CDBG Project
Water tap in fees.
Ayes: Sutherland, Coenen, Cooper, Clark, Stork
Nays: Wolak, Stirrett CARRIED
MOTION by Sutherland, seconded by Clark, that the Village of Armada General Fund will pay the quarterly water bill for the downtown gardens.
Ayes: Sutherland, Clark, Stork, Cooper
Nays: Coenen, Stirrett, Wolak CARRIED
MOTION by Coenen, seconded by Cooper, to accept the bid from H2O Irrigation for a cost not to exceed $4,870.00 for the Downtown Sprinkler System, pending the DPW Supervisor’s review.
Ayes: Coenen, Cooper, Stork, Clark, Sutherland
Nays: Stirrett, Wolak CARRIED
F. FRANKLIN/HOLLWEG STREET PROJECT
Street Administrator Clark gave a brief update of the Franklin/Hollweg Street Project. He stated that the roads are complete, restoration work is complete, with the exception of soil settling and grass seeding, which will not be visible until the spring. The first coat of asphalt had soft spots underneath that were saw cut out, the base was replaced with limestone and asphalt was added back in, all of which would require a cost increase. Scott Chabot discussed two items with Council that will be additional cost to the original contract price. First, he discussed the areas that required full depth replacement of asphalt. He stated that within the first couple of days, the asphalt was cracking in certain areas. This required the contractor to cut out the asphalt, haul it away, replace it with compacted 21AA limestone and replace it with the same depth asphalt. The final quantities then exceeded the quoted quantities by about $4,000.00. The second additional cost came from extending Torrey Street an additional 60’ as approved by the Street Administrator and will cost another $2,000.00. The total project cost is now $161,310.00 which is still below the next lowest bid for the project. Trustee Cooper inquired as to when these issues occurred; Chabot stated it was when the inspection report was reviewed with the contractor. Clark stated that future road projects should include a contingency for unforeseen issues such as soft spots. Treasurer Adair inquired whether bore and compaction tests didn’t show these soft spots. Chabot stated that bore tests were performed but several factors are involved. Cooper asked whether the contractor has been by the driveways on Torrey, the Parises and their neighbors, and stated that she is not happy with the way these look and that she put her foot on the asphalt and it crumbled beneath it. Chabot stated that the project scope was not driveways and President Stork stated that the construction company and the DPW looked at the Parise driveway and the chunk that was repaired was missing from the driveway prior to the construction project and this is shown on video. The missing piece had dirt and stones in it before the construction and that it was not cracked or broken during the construction project. Cooper asked why it was even attempted to put asphalt in if it was not damaged during the project. Stork stated this was done to satisfy the resident as it was their request to repair it. It was not an expensive cost at that time and that it was discussed between the resident, Clark and herself and the resident was pleased with asphalt being placed there. Stork agrees that aesthetically, it is not appealing, approaches were not part of the project, with the exception of the approaches that required culverts. Clark stated that we are still awaiting the final bill for the project. The maintenance bond covers up to half of the project total for two years as stated by Chabot and five percent will be held until the spring.
G. APPROVAL OF RCM MINUTES OF 11/23/09
The minutes prepared by the Clerk were pulled for corrections. Trustee Clark requested changes to the Citizens Comment section of the minutes. He asked that the second sentence that reads “They expressed dissatisfaction with repairs done to the approach after it was damaged during construction” be changed to remove “after it was damaged during construction” from the end of the sentence as Mr. and Mrs. Parise never stated in the meeting that this damage was done during the construction of the Franklin/Hollweg Street Project. This was agreed upon by Trustee Sutherland and President Stork but Trustees Cooper and Stirrett did not recall what was stated at the meeting. Stirrett also suggested to Clark that he would need to change the first sentence of the Citizens comment as this also refers to damage during the road construction. Cooper and Stirrett asked that this be postponed until the next Regular Council Meeting so they can view the meeting. President Stork went on to make two more changes to the minutes. On page two, under United Water Report, the fourth sentence reads, “The mixer has never been fixed and all are now operational.” changed to read, “The mixer has been fixed and five are now operational.” Change to page 4, under Amendment to Approved Minutes of 10/26/09, third sentence reads, “President Stork requested that the sentence read” changed to “should read”.
MOTION by Cooper, seconded by Clark, to postpone the RCM Minutes of November 23, 2009 until the next Regular Council Meeting.
Ayes: Cooper, Clark, Coenen, Stork, Sutherland, Stirrett
Nays: Wolak CARRIED
CITIZENS COMMENTS
John Paterek read aloud his letter of interest for reappointment to the Downtown Development Authority (on file).
COUNCIL COMMENTS
None Received.
No further business.
MOTION by Wolak, seconded by Cooper, to adjourn the meeting at 9:15 pm.
All Ayes CARRIED
Minutes submitted by:
Michelle Poulos, Armada Village Clerk