June 8, 2009 Council Minutes

VILLAGE OF MATTAWAN
REGULAR COUNCIL MEETING
JUNE 8, 2009

MINUTES
                                                                                                                                                                                                                  

1.    CALL TO ORDER AT 7:00 P.M.

2.    PLEDGE OF ALLEGIANCE

3.    ATTENDANCE

Present:  Kucinich, Kirklin, McLean, Spulick, Ashbaugh

Absent:  Bemer, Markle

Motion by Kucinich, support by Kirklin, to excuse members Bemer and Markle.  All members voted in favor.  Motion carried.

Others present:  Attorney Graham, Superintendent Anthony, Ruth Goheen.

4.    WELCOME TO THE PUBLIC

5.    ANNOUNCEMENT OF MEETING BEING RECORDED

6.    ADDITIONS TO AGENDA

There were no additions to the agenda

7.        APPROVAL OF THE AGENDA

Motion by Kucinich, support by Spulick, to approve the agenda as printed.  All members voted in favor.  Motion carried.

8.    APPROVAL OF THE MINUTES OF MAY 26, 2009

Kucinich stated she never intended to vote to keep anyone from attending the Mayor’s Exchange Day and that is why she offered to come in and sit at the desk that day.

Motion by Ashbaugh, support by Spulick, to approve the minutes of May 26, 2009 as printed.  All members voted in favor.  Motion carried.

9.      BILLS TO BE APPROVED N THE AMOUNT OF $19,518.52

Motion by Kirklin, support by Kucinich, to pay the bills in the amount of $19,518.52.  Roll call vote.  All members voted in favor.   Motion carried.

10.    LIMITED PUBLIC COMMENT ON ANY AGENDA ITEM

There were no comments.

11.    BOARD AND COMMITTEE REPORTS
       
12.      STAFF REPORTS

    A.  DPW SUPERINTENDENTS REPORT – SUPERINTENDENT ANTHONY

Superintendent Anthony stated the DPW spent a lot of time working on the park for the Memorial Day Ceremony and said he felt the park looked very good.  The Girl Scouts planted all the flowers on the hill behind the stage.  Spring clean up went very well stating they filled two dumpsters with rubbish and one with metal.  The Concord water tower inspection went very well and we should have the report back soon on the condition of the water tower.  Peerless Midwest recently completed the annual well inspection and the report will be here on June 12th.  The DPW’s next project will be the reconstruction of the flower bed at the Village sign across from MPI.  Superintendent Anthony met with MDOT on May 28th about the bridge stating with the downturn of the economy they are seeking some alternative funding and will contact the Village in July to set up a meeting.

13.     OLD BUSINESS

A.    SEWER CREDIT FOR DEAL MOBILE HOME PARK

Deal was charged for sewer that did not go down the sewer when they had massive leaks.  All the leaks were fixed and inspected by the Village.  The credit amount is $ 61,240.03.  I had contacted Kalamazoo City and confirmed the water did not go down the sewer.  If it had our sewer usage would have risen dramatically and this did not happen. Please refer to spread sheet.  In prior meetings this credit was denied due to all the trouble with the trailers that did not meet code that were brought in to the park.

Attorney Graham stated although Deal has complied very nicely with the trailer situation and are working with the building inspector with each new project it does not clear up the matter of Deal’s Attorneys not responding to the letter sent by Attorney Graham asking that they reply with a letter stating they dismiss the Village with prejudice and until that happens the Village cannot release the sewer credit they are asking for at this time.

B.    LANDSCAPING AND HANDRAIL PROJECT

This item needs to go to DPW Committee for further review and recommendation.

Motion by Spulick, support by Kirklin, to send this to the DPW Committee for further review and recommendation.   Roll call vote.  All members voted in favor. Motion carried.

C.     HANDRAIL FOR PARK

Please see the enclosed estimate.

Motion by Kirklin, support by Spulick, to purchase the handrail for the park in the amount not to exceed $725 from OIK Industries.  Roll call vote.  All members voted in favor.  Motion carried.

14.      NEW BUSINESS 

    A.  PURCHASE OF GAS DETECTOR FOR CONFINED SPACES

Cheapest price is $855 from Mastertech.   All others were over $1,000.

Superintendent Anthony stated this new gas detector would work with the calibration kit they already have.  This detector also saves data for 7 days. 

Motion by Spulick, support by Kucinich, to purchase the gas detector in the amount of $855 from Mastertech.  Roll call vote.  All members voted in favor.  Motion carried.

    B.  MOVE TO CLOSED SESSION TO DISCUSS PENDING LITIGATION

Attorney Graham stated he could give a short review of what is happening with this situation, however, if they wanted to discuss the situation they would have to move to closed session.   Graham stated basically the current owners of West Point are disputing the 2009 tax assessment.  We have 28 days in which to reply and we will do so within the time limit.

15.    COMMUNICATIONS

    a.  MML Legislative Link for    June 2, 2009
    b.  Letters from Tom DeBoer
    c.  Letter and Attorney reply for letter sent to Rep. Schuitmaker regarding Su Casa Liquor License
    d.  Vacation memo from Superintendent Anthony

 16.    COMMENTS FROM VISITORS
  
Chris Ballingall of 52879 25th Street asked if we had any more information on the contamination in Texas Township.  Superintendent Anthony had given a report at a prior meeting.  Anthony stated he would get the information for Ballingall. Ballingall stated we are very fortunate in Michigan to have the abundance of water that we have as in Florida where she resides in the winter there is a shortage and residents can only use irrigation as certain times and can’t wash their houses or cars in their own yards.  She asked about conserving water here in the Village by not running the sprinklers all the time, especially after we have just had rain.  She stated again we are very fortunate and we should do all we can to conserve our water.

Wally Massey of Deal Mobile Home stated they have been seeking this sewer credit since June of 2007.  They have complied with all the inspection procedures the Village required for the trailers and work with the building inspector for every trailer, therefore they felt the issue had been resolved. 

Attorney Graham stated they have complied completely with all the trailer inspections, however, the Village is still looking for the reply from their attorney giving the Village a dismissal with prejudice before we can issue the credit.  Massey stated possibly Attorney Graham should get in touch Attorney Miller.  Graham stated he would look into the matter. 

17.       COMMENTS FROM COUNCIL

President McLean asked anyone who would like to stay and have cake and punch to celebrate Harriet Kucinich’s  89th birthday was welcome.

18.    ADJOURNMENT

The meeting was adjourned at 7:34 PM