July 27, 2009 Council Minutes
VILLAGE OF MATTAWAN
REGULAR COUNCIL MEETING
JULY 27, 2009
MINUTES
1. CALL TO ORDER @ 7:00 pm
2. PLEDGE OF ALLEGIANCE
3. ATTENDANCE
Present: Kucinich, Kirklin, Bemer, McLean, Markle, Spulick, Ashbaugh
Others present: Attorney Graham, Karl Freed & Craig Schumaker of Flies, Chief VerHage, Ruth Goheen and others.
4. WELCOME TO THE PUBLIC
5. ANNOUNCEMENT OF MEETING BEING RECORDED
6. SOUTH HAVEN AREA SENIOR CITIZENS SERVICES
They will be explaining what services they offer for our seniors to take advantage of.
Jennifer Carver the Executive Director of the South Haven Area Senior Services presented Council with a small presentation regarding the benefits of the Service and how it works. They are presenting this to all Townships in hopes that they will put a .25 mill on the November 2010 ballot to support this program. It benefits seniors in many aspects of life, with help for in home care, meals, helping with Medicare forms and many other support systems.
President McLean thanked them for coming.
7. ADDITIONS TO AGENDA
Under new business F. banners was added.
8. APPROVAL OF THE AGENDA
Motion by Bemer, support by Spulick, to approve the agenda with the addition. All members voted in favor. Motion carried.
9. APPROVAL OF THE MINUTES OF JULY 13, 2009
Motion by Kucinich, support by Markle, to approve the minutes of the July 13, 2009 meeting as printed, All members voted in favor. Motion carried.
10. BILLS TO BE APPROVED IN THE AMOUNT OF $ 49,535.91
Motion by Markle, support by Ashbaugh, to pay the bills in the amount of $49,535.91. Roll call vote. All members voted in favor. Motion carried.
11. LIMITED PUBLIC COMMENT ON ANY AGENDA ITEM
Bill Elmer of 57455 Hamilton, and Chairperson of the Planning Commission, stated he wanted to inform Council of the Planning Commissions decision regarding the Oak Preserve PUD. After the Planning Commission very carefully reviewed the Oak Preserve site plan they felt the 168 units was not in the best interest as it did not adhere to the ordinance. After he talked with Karl regarding this it was decided by the Commission to make a recommendation to Council for 9 units per acre therefore leaving Mr. Kerr with 108 units instead of the 168 units he is requesting. Elmer stated the Commission has put many hours into this Oak Preserve project and he feels they have done a good job of evaluating the situation and recommending the 108 units for Mr. Kerr.
Joe Alexander of Powell Custom Homes stated he feels the Village needs denser areas that go along with the Lakota Group Master Plan for the Village. He feels if you lock someone in at 9 units per acre then you will have to lock everyone in at 9 units an acre. Alexander stated he feels the ordinances need to be looked at to go along with what the Master Plan and the Planning Commission and Council need to take all this into consideration when dealing with these issues.
Rick Underwood stated he also felt the density issues need to be taken under consideration and review. He has checked with other Townships the R-3’s density varies extensively. He would like the ordinances to be revised regarding issues of density and storm water. He thanked the Planning Commission for being very fair and stated all should get equal consideration.
12. BOARD AND COMMITTEE REPORTS
A. PLANNING COMMISSION MEETING JULY 15, 2009 Liaison Markle
Liaison Markle stated the Planning Commission reviewed Mr. Kerr’s Oak Preserve project. Markle stated by ordinance he would be only allowed 97 units and he is asking for 168 units. After serious consideration the Planning Commission recommended to Council to grant Mr. Kerr 9 units per acre therefore giving him 108 units. By ordinance they would be only allowed 97 units. Markle stated she would recommend that Mr. Kerr resubmit his site plan for the 108 units.
B. DDA MEETING JULY 16, 2009 President McLean
McLean reported the DDA authorized up to $7,000 for Christmas decorations, flags and banners. DDA also approved Karl Freed to move forward with the Main Street Plan in seeking some grant funds.
13. STAFF REPORTS
A. POLICE REPORT – CHIEF VERHAGE
Chief reported there were 99 calls for service in the Village. We had two drunk drivers in the Village which is quite unusual. There were 25 citation written for the month of June.
14. OLD BUSINESS
A. BLOOMINGDALE COMMUNICATIONS
Approval of the Resolution and letter of support to Bloomingdale Communications.
Motion by Markle, support by Bemer, to approve the letter and resolution to the Bloomingdale Communications. Roll call vote. All members voted in favor. Motion carried.
15. NEW BUSINESS
A. SCHOOL RESOURCE POSITION
Chief VerHage stated he had been in a meeting with Bill Disch the financial director and the new Superintendent Patrick Bird. The issue is financing. This position was a federally funded for three years and we had to guarantee the 4th year, which we fulfilled. When former Manager Kaplan was here we worked out another year of 50/50 split. For the past two years the school has paid two-thirds of that position which amounts to around $47,000. This position was budgeted for this year in our budget with no monies coming from the school. The school has offered to pay $15,000 of that position. According to the school they are in a financial crisis, just as many of us are at this time. The school is loosing some where around $100 per student with is a big loss for the school at this time, and one reason they felt they could only offer the $15,000. The $15,000 would put an officer in the school approximately two days a week which the Chief feels would not work at this time. Chief stated Officer Hutchins is an excellent fit for the school, as he has been in that position for 7 years and to remove him at this time he feels would be detrimental to the school and the community. Hutchins has watched these kids for the past seven years and the school and Hutchins have worked very well together to handle all the school problems. Chief states this is a Council decision and at this time a part time position in the school is not beneficial to anyone. The money has already been budgeted for this year but this is your decision. The school did ask about the grant officer position we applied for but Chief told them the Village would not know the out come of that until at least September. We have acknowledgement that the application was received but that is all at this time.
Bemer asked if we could take that $15,000 and possibly put on another officer on the week-ends. Chief replied that could be a possibility. It would probably be a 7 pm to 3 am shift and be staffed by his part time officers. Bemer also stated she is in favor of putting Officer Hutchins back in the school. She feels he has done an excellent job and the community and the school benefit from his presence in the school.
McLean asked if the school board was supportive of the $15,000. Chief stated he was told the school board had only approved the $15,000 nothing more.
Resident Ballingall stated she felt Officer Hutchins belongs in the school and the Village should support this at least for this year.
McLean stated she had reservations about the Village taking on the full burden, but would support this position for one year and then re-visit this situation next fiscal year.
Bemer stated she also is in favor of supporting this position for this year and re-visit again next year. Bemer also stated she feels Officer Hutchins is a very vital asset to the school and the community.
Chief VerHage stated the school has been supportive also with purchasing the police computer at a cost of $10,000 for the school officer and they also purchased a radar unit for his vehicle. Officer Hutchins has a very good rapport with the students and administrators at the school. The school also provides the officer with a cell phone and they are in constant communications with Hutchins at all hours of the day and night.
McLean asked Officer Hutchins if he wanted to go back to the school position. Hutchins stated he did want to go back as he felt it would be unfortunate to loose all the work that had been done for the last seven years as he did many alcohol and drug programs for the students.
Motion by Bemer, support by Kucinich, to continue the support for the school officer position for this fiscal year. Roll call vote. All members voted in favor.
B. MDOT BRIDGE PROJECT
McLean stated MDOT is looking for the Village support in the bridge project. This is a 2-3 million dollar project that will be provided to the Village at no cost. It was reported that it would at least be10-12 years before the bridge would be widened to four lanes.
Motion by Bemer, support by Markle, to send a letter of support for the MDOT bridge project. Roll call vote. All members voted in favor. Motion carried.
C. REQUEST BY MINUTE MAN PROPERTIES LLC FOR WAIVER OF THE DENSITY PROVISIONS OF THE ZONING ORDINANCE.
The Planning Commission recommended that council grants the waiver up to 108 units. Mr. Kerr requests the waiver for 168 units.
Steve Kerr stated his engineer was on vacation at this time and was unable to attend the meeting tonight. Kerr stated he takes responsibility for all of this as he had hired others to complete this project and things did not get done properly. He is still looking for the 168 unit approval however, at this time he would remove 48 units in the middle and settle for 120 units. He hopes that in the future there could be some density changes and eventually he could apply for the other 48 units.
McLean asked what Karl Freed thought. Freed stated it is not the Village’s job to do the site plans. The Village ordinance’s clearly identifies what needs to be done and the developer needs to have the project designed according to the ordinances. We have already worked out a lot of issues with this project. What we do with this project has a definite reflection on the McGillen’s Crossing and Ambleside Condo project. We have to be fair to all parties involved. The ordinance clearly states the Council can do what they choose to do with these projects. Mr. Kerr could apply for a re-zone later if the Village changes the ordinances in the future.
Attorney Graham stated if the Village had been involved with this project from the start things probably would have been different. However, since the former manager took the ball and ran with it and the Village was not that involved makes this a different situation. Sewer installation is not considered construction and therefore nothing was done with in the time limits the first time around. As long as ordinances can be changed for future growth then Mr. Kerr can come back and apply for a variance to add more units. Everyone in all situations should be treated fairly and each case has to be judged individually. If Mr. Kerr agrees on the 120 units then he must come back with site plans showing the 120 units and get that approved through the Planning Commission. Council can at this time either act on the recommendation from the Planning Commission, grant the 120 units, or table this issue for further study.
Bemer thanked the Planning Commission for all their hard work and the good working relationship with the Council.
Motion by Spulick, support by Ashbaugh, to table this issue to allow the Planning Commission to do further research on the density issue. Roll call vote. Five members voted in favor, Bemer and Markle voted against. Opposition noted. Motion carried.
D. REPLACEMENT METER FOR PINE HOLLOW
This is the last old meter that needs to be replaced at Pine Hollow. The usage on this meter has been increasing over the past few months and needs to be replaced as was the other three meters at Pine Hollow.
Motion by Bemer, support by Spulick, to replace the meter at Pine Hollow in the amount not to exceed $1,105. Roll call vote. All members voted in favor. Motion carried.
E. CAMERA SEWER FORCE MAIN
Motion by Kirklin, support by Spulick, to approve the bid from Down Under for the sewer camera in the amount of $145 per hour. Roll call vote. All members voted in favor. Motion carried.
F. ROTARY CLUB BANNERS
The Paw Paw Rotary Club has offered to purchase banners for the Village.
Motion by Bemer, support by Kirklin, to have the DDA coordinate with the Rotary Club to do flags or banners for the Village. Roll call vote. All members voted in favor. Motion carried.
16. COMMUNICATIONS
a. MML Legislative Links 7/14/09
b. Letter from Mattawan Community Church requesting to use the park on October 31, 2009 from5:30-8:30pm for their Fall Fest.
Motion by Spulick, support by Bemer, to allow the Mattawan Community Church to use the Village Park on October 31, 2009 from 5:30p to 8:30 p for their Fall Festival. Roll call vote. All members voted in favor. Motion carried.
17. COMMENTS FROM VISITORS
Chris Ballingall of 52879 25th Street stated she had attended the neighborhood watch programs and would like to see more advertising be done with the Courier Leader to help get more people involved. Spulick stated he was meeting with Courier reporter Paul Garrod regarding the neighborhood watch after tonight’s meeting.
Ballingall stated she would like to have a letter written and put in Claudia Spulick’s file stating what a good job she did in the absence of the clerk for two weeks. Ballingall stated she had numerous meetings and did a good job and should be recognized for her efforts.
Bill Elmer asked about the meeting the Village had regarding the 25 year storm drain for the Village instead of the 100 year one that is currently in the ordinance.
Freed stated he had not been authorized yet to do work on a draft.
Motion by Markle, support by Spulick, to have Freed draft an amendment to the ordinance to include the Van Buren County’s 25 year storm drain in place of the 100 year that is currently in the ordinance. Roll call vote. All members voted in favor. Motion carried.
Rick Underwood stated he has been approved for the 100 year but would like to be able to build under the 25 year plan. Was there any way he could get a variance, wavier or whatever to be able to use this before it had been adopted. The 25 year plan would save him approximately $30,000.
Scott Graham and Karl Freed stated it was a catch 22 situation but at this time there wasn’t any way he could use the 25 year plan before it was adopted. He could wait until after it was adopted and then re-apply.
18. COMMENTS FROM COUNCIL
There were no comments from Council.
19. ADJOURNMENT was at 8:50 PM.
