May 11, 2009 Council Minutes

VILLAGE OF MATTAWAN
REGULAR COUNCIL MEETING
MAY 11, 2009

1.    CALL TO ORDER AT 7:00 P.M.

2.    PLEDGE OF ALLEGIANCE

3.    ATTENDANCE

Present:  Kucinich, Kirklin, Bemer, McLean, Markle, Spulick, Ashbaugh

Others present:  Attorney Graham, Karl Freed of Fleis, Superintendent Anthony, Ruth Goheen and others.

4.    WELCOME TO THE PUBLIC

5.    ANNOUNCEMENT OF MEETING BEING RECORDED

6.    OPEN PUBLIC HEARING TO CONSIDER ADOPTING THE PROPOSED
    2009-2010 BUDGET AND TAX LEVY

Motion by Kucinich, support by Bemer, to open the public hearing to consider adopting the proposed 2009/2010 budget.  All members voted in favor.  Motion carried.

7.    PUBLIC COMMENT ON BUDGET AND TAX LEVY

Scott Smith of 25080 Front Avenue stated he felt the 4% wage increase was not good in view of the state revenue sharing being cut this year.  We don’t even know how much of a cut the municipalities are going to have to take.  Not to say they don’t deserve a raise just not in these economic times.

8.    CLOSE PUBLIC HEARING

Motion by Markle, support by Spulick, to close the public hearing. All members voted in favor.  Motion carried.

9.    ADDITIONS T O AGENDA

Item D sewer repair was added to new business
Finance Committee meeting was added to board and committee reports.

10.    APPROVAL OF THE AGENDA

Motion by Bemer, support by Kirklin, to approve the agenda with the additions.  All members voted in favor.  Motion carried.

11.    APPROVAL OF THE MINUTES OF APRIL 27, 2009

Motion by Markle, support by Ashbaugh, to approve the minutes of April 27, 2009 as printed.  All members voted in favor.  Motion carried.

12.      BILLS TO BE APPROVED N THE AMOUNT OF $ 39,683.92
 
Motion by Bemer, support by Ashbaugh, to pay the bills in the amount of $39,683.92.  Roll call vote.  All members voted in favor. Motion carried.

13.    LIMITED PUBLIC COMMENT ON ANY AGENDA ITEM

There was no limited public comment.

14.    BOARD AND COMMITTEE REPORTS
   
    A. DPW COMMITTEE MAY 4, 2009 – CHAIR KUCINICH

Chair Kucinich reported on the DPW Committee meeting held May 4, 2009, stating the committee recommended to Council 3-0 to proceed with the CDBG application to loop the water on Robinson and Glidden, upgrade McGillen and a new well on 25th Street.  The cost of the project is approximately $600,000 with a 30% match.

15.      STAFF REPORTS

    A.  DPW SUPERINTENDENTS REPORT – SUPERINTENDENT ANTHONY

Superintendent Anthony reminded all of the Spring Clean Up for May 14, 15, and 16th; with senior pick up on the 14th.  Anthony stated it only took a couple of days for spring leaf pick up, they have installed new hydrants, Anthony attended an energy audit, and a meeting on the Texas Township contamination.  The spring hydrant flushing went very well, and the consumer confidence report will go out with the next newsletter.

Bemer asked if Superintendent Anthony could re-arrange the hours so the village did not have to pay overtime for the spring clean up.   Anthony stated he felt it was against a labor law as they had established hours.  There was some discussion and the matter would be looked into further.

Anthony mentioned the street lights over by Grandeur, stating it would cost the Village about $1700 to have two street lights installed.   Bemer asked if he knew how long before this could be done.  Anthony stated he did not know.

16.     OLD BUSINESS

    A.  ADOPT  2009-2010 BUDGET

Motion by Markle, support by Kucinich, to adopt the 2009/2010 Budget.  Roll call vote.  Five members voted in favor.  Spulick abstained, McLean voted no.  Opposition noted.  Motion carried.

    B.  ADOPT 2009-2010 TAX LEVY
   
Motion by Bemer, support by Kirklin, to adopt the 2009/2010 tax levy.  Roll call vote.  All members voted in favor.  Motion carried.

    C.  ADOPT RESOLUTION TO APPROVE TAX MILLAGE RATE OF 4.4473 MILLS ON REAL                    AND PERSONAL PROPERTY AND 3 MILLS FOR SPECIAL ASSESSMENT FOR                          POLICE ON REAL PROPERTY ONLY.

Motion by Kucinich, support by Markle, to adopt the resolution to approve the tax millage rate of 4.4473 on real and personal property and 3 mills for police on real property only.  Roll call vote.  All members voted in favor.  Motion carried.

    D.  ADOPT RESOLUTION TO ESTABLISH 2009/2010 FISCAL BUDGET

Motion by Markle, support by Kirklin, to adopt the resolution to establish the 2009/2010 budget.  Roll call vote.  All members voted in favor.  Motion carried.

E.  POLICY CHANGES

The Policy and Personnel Committee has recommended the following policy and personnel change be made to the policy and personnel manual.

Section 3.04 item A - change the eighty (80) hours to forty (40)
Section 3.05 change payday from Wednesday to Monday
Section 3.09 full day off on New Year’s Eve instead of half
Section 3.10 item A - after ten (10) years of service four (4) weeks vacation, and item B last sentence be changed to read: vacation leave shall be used as t he supervisor of that department permits.
Section 3.15 item A3 and B1 the word shall be changed to may
Section 3.21 item B the license bonus will be added to the first payroll check in June & December

Under job descriptions:  All police descriptions Michigan Law Enforcement Officers Training Council be removed and replaced with (MCOLES) Michigan Commission on Law Enforcement Standards.   (MLEOTC no longer exists)

Compensatory time for the DPW Superintendent position be added and forfeiture of the extra forty (40) hours vacation with the compensatory time.

Under Council Rules item B should be removed. ( this pertained to students)

Motion by Spulick, support by Markle, to adopt the policy changes as printed effective July 1, 2009.  Roll call vote.  All members voted in favor.  Motion carried.

    E.  CDBG FOR WATER PROJECTS

The DPW Committee recommends 3-0 to proceed with the grant application for three water projects.

Motion by Markle, support by Spulick, to proceed with the Notice Of Intent application with Fleis and VandenBrink, in the amount not to exceed $1,000.  Roll call vote.  All members voted in favor.  Motion carried.

17.      NEW BUSINESS 

A.    DUST CONTROL

Motion by Bemer, support by Kucinich, to award the bid to Southwest Michigan Dust Control in the amount of $3,300 for three summer applications.  Roll call vote.  All members voted in favor.  Motion carried.

    B.  SPRING CLEAN UP BIDS
   
Motion by Bemer, support by Markle, to award the spring clean up dumpster bid to Republic Waste.  Roll call vote.  All members voted in favor. Motion carried.

    C.  DELIQUENT WATER/SEWER TO GO TO COUNTY TO BE ATTACHED TO TAXES

This is a list of delinquent water/sewer that will be sent to the county and attached to the property taxes as delinquent.  Every year at this time a letter is sent to each delinquent resident giving them ample time to pay the past due and if not paid by the due date we then send the list to Antwerp Township and the County the County in turn writes a check to the Village for the amount and it is then deducted off the residents account.   

Motion by Markle, support by Bemer, to approve the list of delinquent water./sewer/mowing to go to the County to be added to the June tax rolls.  Roll call vote.  All members voted in favor.  Motion carried.

D.    SEWER REPAIRS

This item was not a budgeted item, however, there is money left in the maintenance & repair account to cover this bill.  Bemer asked if there was a warranty.  Anthony stated 1 year warranty.

Motion by Bemer, support by Kucinich, to award the bid to repair the computer for the sewer to Morgan Electric in the amount not to exceed $3,123.  Roll call vote.  All members voted in favor.  Motion carried.

18.    COMMUNICATIONS

a.    MML Legislative Link April 28 and May 5, 2009
b.    Getting the LED out article for Superintendent Anthony

 19.    COMMENTS FROM VISITORS

Edgar Suarez explained his situation to Council regarding the liquor license for Su Casa.  He stated he really had good intentions of fixing up the old building, however, they have exhausted all their financial possibilities.  They only way they can get money to do the Mattawan building would be to have the liquor license transferred to South Haven restaurant so they could save enough to have some equity in order to get a loan for the Mattawan property.  Suarez stated they would be willing to sign papers stating in a couple of years they would bring the license back to Mattawan.  Suarez stated they have been in contact with the LLC (liquor control commission) but can’t get any answers as to what will happen to the license etc.

Attorney Graham stated the Village sympathizes with their situation, however, when all the problems came about with renewing the license and the Village denied the renewal, his father sued the Village, the Village won the lawsuit and his father signed an agreement that the license would stay in the Village of Mattawan. At this point we have to look out for the well being of the Village and at this point it would not be beneficial to let the license transfer out of the Village.  Graham stated he has also been in contact with the LLC and has not been able to secure any definite answers either.  There are also concerns regarding the condition of the building.  

Suarez stated the building is structurally sound and even though it looks bad it is safe.  They had a structural engineer come in and give them an opinion of what would meet the codes and what wouldn’t.  There are some problems on the left side of the building but the right side is ok.  Suarez stated he just needs some answers in order to move forward.  They just want to be able to save the money from the restaurant in South Haven in order to get a loan for the restoration of the building in Mattawan, and would not be able to do that if they can’t transfer the liquor license.  

Attorney Graham stated we needed more time to gather information and get some answers from the LLC.

20.       COMMENTS FROM COUNCIL

President McLean reminded all of the upcoming Mayor Exchange dates.  May 21st the Village of Homer will visit Mattawan, and on May 28th we will go to Homer.

Bemer stated they needed to schedule a Parks and Rec. meeting to discuss the Concord property issue to present to Council for approval. .

21.    ADJOURNMENT

The meeting was adjourned at 8:40 PM