May 26, 2009 Council Minutes
VILLAGE OF MATTAWAN
REGULAR COUNCIL MEETING
MAY 26, 2009
MINUTES
1. CALL TO ORDER AT 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ATTENDANCE
Present: Ashbaugh, Bemer, Kirklin, Kucinich, Markle, McLean, Spulick
Others present: Attorney Graham, Officer Ostrem, Gayle Morton of Wightman ,Claudia Spulick and others.
4. WELCOME TO THE PUBLIC
5. ANNOUNCEMENT OF MEETING BEING RECORDED
6. ADDITIONS TO AGENDA
President McLean added new business D to the agenda. Request to use the park by Chung Tae Kwon Do on June 6, 2009 from 11:30AM until 3:30PM.
7. APPROVAL OF THE AGENDA
Motion by Kucinich, support by Bemer, to approve the agenda with addition. All members voted in
favor. Motion carried.
8. APPROVAL OF THE MINUTES OF MAY 11, 2009
Motion by Markle, support by Kirklin, to approve the minutes with corrections. All members voted
In favor. Motion carried.
9. BILLS TO BE APPROVED N THE AMOUNT OF $38,962.99
Motion by Kucinich, support by Ashbaugh, to approve the bills to be paid in the amount of $38,962.99. Roll call vote taken. All members voted in favor. Motion carried.
10. LIMITED PUBLIC COMMENT ON ANY AGENDA ITEM
Chris Ballingall of 52879 25th Street stated that she had picked up the minutes from when she was gone and
was happy to see that the Audit review was healthy. She stated that she agreed with the statement that the
Chief had made about the property on Concord. She also wanted the ground to be tested. We only have
one Police Officer at night and they wouldn’t be able to police the area. The site had been for sale for 3 to
4 years and doesn’t understand why we have to buy it now. Why waste a grant, look around the Village
there are plenty of other things that need improvement before we buy more land. We still have work to do
on the other park. If nothing else please have a workshop to show the costs involved. Please rethink what
we are doing. She thinks the money could be spent more wisely.
11. BOARD AND COMMITTEE REPORTS
A. PLANNING COMMISSION & WORKSHOP – LIAISON MARKLE
Liaison Markle stated that they looked at the Kerr Condo site plan there were still problems so it was sent back.
B. PARKS & RECREATION – CHAIR BEMER
Chair Bemer stated they met a week ago Monday. They discussed the property on Concord she said it needs to come to a head tonight, one way or the other so people will know what is going on. They discussed the hill in the park and that the girl scouts were going to plant the flowers there. The light on the flag is done and a budget adjustment is needed because of the replacement of the handrail in front of the Village.
12. STAFF REPORTS
A. POLICE REPORT – CHIEF VERHAGE
Officer Ostrem made the Police report in Chief VerHage’s absence. He stated that they have had 93 incidents for the month of April and 44 traffic tickets with 55 different violations. He also reported on the first neighborhood watch meeting. He will be staying with the program and stated that there were 2 council members also attending. The next meeting is June 15th at 7 pm. The meetings will be held the 3rd Monday of every month.
13. OLD BUSINESS
A. POLICY CHANGE FOR 4TH WEEK OF VACATION
At the last meeting, Council made the motion to adopt all the changes as of July 1, 2009. The question has come up regarding pro-rating the 4th week for all employees that are eligible Some have anniversary dates before the July 1, 2009 effective date, there fore Attorney Graham has recommended that the Council consider pro-rating to make this fair for all eligible employees.
Motion by Spulick, support by Kucinich, to pro rate the 4th week vacation starting July 1, 2009 being taken from the new budget. Roll call vote taken. All members voted in favor, motion carried.
B. KNOX BOX, WASTE RECEPTICLE AND DECORATIVE WELL ORDINANCE
These are ready to go back to the Zoning and Ordinance Committee for review and recommendation to Council for adoption.
Motion by Kucinich, support by Spulick, to send ordinances back to the Zoning and Ordinance
Committee. Roll call vote taken. All members voted in favor, motion carried.
C. LANDSCAPING AND HANDRAIL PROJECT WITH BUDGET ADJUSTMENT
The Parks and Recreation Committee recommends 3-0 to award the bid to DeVisser Landscaping Services in the amount of $5,865 contingent upon a budget adjustment to the Buildings and Grounds fund in the amount of $3,000 to finish the needed work.
Discussion was held as to what was needed to be done to the area next to village hall where the water comes off the roof and erodes the ground. President McLean asked if it would be cheaper for eaves to be put in instead of the 12x12 drain. There were also questioned the tempered glass panels the committee wanted to put in. Bemer stated she is not as prepared as she thought she was so decided that this should be tabled until they could get some additional pictures and information on the rail.
Motion by Bemer, support by Kucinich, to table the item for further information. Roll call vote taken. All members voted in favor, motion carried.
D. SU CASA LIQUOR LICENSE STATUS
Attorney Graham will have an update on the liquor license situation.
Attorney Graham stated that Su Casa’s Attorney was trying to gather information. The question he posed was that he thought the Village had more Class C licenses than we were entitled to. Attorney Graham let him know that we do not. He was not sure if there has been action taken with the request to withdraw our objection as lodged with the LCC. Maybe the prior motion took care of it since that time but it would be his preference to tell them what the Council’s position is. We know what the request is, they made it last week. The decision rests with Council. We’ve done everything we can to protect the Village’s interest in maintaining the license. It is possible the escrow period will end shortly.
Motion by Bemer, support by Markle, that we do not allow the transfer of the Su Casa liquor license. Roll call vote taken. All members voted in favor. Motion carried.
14. NEW BUSINESS
A. LAND PURCHASE FOR CONCORD PROPERTY
Closed session may be needed for this agenda item. Please see enclosed information relating to proposed park situation.
Closed session was held for discussion.
Motion by Spulick, support by Kucinich, to move to closed session for discussion of the Concord property at the end of the agenda. Roll call vote taken. All members voted in favor, motion carried.
B. ADOPT CIVIL RIGHTS POLICY RESOLUTION
This resolution needs to be adopted for part of the closing of the CDBG grant for the arsenic treatment plants.
Motion by Bemer, support by Kirklin, to adopt the resolution. Roll call vote taken, all members voted in favor, motion carried.
C. ADVERTISING IN NEWCOMERS’ GUIDE
We have been approached about advertising in the new comers guide. Please read the information in packet along with the price sheet.
Motion by Kucinich, support by Spulick, to not advertise in the Newcomers Guide. Roll call vote taken, five members voted in favor. Markle and Kirklin voted against. Motion carried.
D. REQUEST TO USE PARK
Chung Tae Kwon Do 24976 Front Avenue requested to use the park on June 6, 2009 from 11:30AM until 3:30 PM.
Motion by Bemer, support by Kucinich, to allow Chung Tae Kwon Do to use the park pending proof of insurance. All members voted in favor. Motion carried.
15. COMMUNICATIONS
a. MML Legislative Link for May 12 & 19 2009
b. Letters from Tom DeBoer & Nettie Hughes
c. Thank you letter to Anthony, Adams, Stenger
Motion by Bemer, support by Markle, to place a copy of the thank you letter from Tom DeBoer in Anthony, Adams, and Stenger’s personnel files. Roll call vote. All members voted in favor. Motion carried.
16. COMMENTS FROM VISITORS
Rick Ashbaugh explained about his missing the planning commission meetings and is worried about the council wanting to create the100 foot of green space. He heard instead of 100 feet that the commission had scaled it back to 25 feet. He stated that would still have a limiting ability to maximize his commercial space.
He hoped the Council would stick with its original position from last year. Liaison Markle explained to Ashbaugh that the meeting was just a study workshop. The suggestion was 100 feet for the green space and that was just a suggestion but the Planning Commission felt that they should look at every site plan individually.
Motion by Bemer, support by Spulick, to move to closed session at 8:33PM. All members voted in favor. Motion carried.
Motion by Spulick, support by Markle, to move back to open session at 8:48PM. All members voted in favor. Motion carried.
Motion by Kirklin, support by Markle, to move to take affirmative action to acquire property in a manner consistent with the grant. Including all conditions that would be necessary that would allow us to comply with the grant. There will be an amount to be expended for grant preparation and a 25% of total grant. Roll call vote taken. Two members voted in favor. Ashbaugh, Bemer, Kucinich, McLean, and Spulick voted no. Motion failed.
17. COMMENTS FROM COUNCIL
Ashbaugh questioned why we had the application for a trail project in our packet. She wanted to know if it was just for us to get information. President McLean stated that she wasn’t quite sure. She didn’t know why the proposal was made and she doesn’t know anything about it. She said that it was a question for Mr. Anthony because it was addressed to him at his request. The Council didn’t authorize it. McLean stated that’s another issue we have to deal with. Her concern is he is requesting proposals without Council authorization or approval, or knowledge. She does not think that it is appropriate. There was discussion regarding the proper procedure to bring items before Council.
Motion by Spulick, support by Bemer, to have President McLean talk to the department heads about following the proper procedure to bring items to Council. Roll call vote. All members voted in favor. Motion carried.
Motion by Markle, support by Kucinich, to keep Village office open on Thursday May 28, 2009 instead of letting the office assistant go to Homer for Mayor Exchange Day. Roll call vote. Markle and Kucinich vote in favor, Ashbaugh, Spulick, Kirklin, Bemer, McLean voted no. Motion failed.
18. ADJOURNMENT
Meeting was adjourned at 8:50 PM.
