January 25, 2010 council meeting minutes


VILLAGE OF MATTAWAN
REGULAR COUNCIL MEETING           
JANUARY 25, 2010

                                                       MINUTES
                                                                                                                                                                                                                                                                                        

1.    CALL TO ORDER @ 7:00 pm

2.    PLEDGE OF ALLEGIANCE

3.    ATTENDANCE

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

Motion by Markle, support by Spulick, to excuse Bemer.  All members voted in favor.  Motion carried.

Others present: Craig Shumaker of Fleis, C. Spulick and others.

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 Markle, support by Spulick, to approve the agenda with corrections. All members voted in favor. Motion carried.
 
8.    APPROVAL OF THE MINUTES OF JANUARY 11, 2010 & SPECIAL COUNCIL MEETING OF JANUARY 18, 2010.

Motion by Markle, support by Spulick,to approve the minutes of January 11, 2010 with corrections.
 All members voted in favor. Motion carried.

Motion by Markle, support by Ashbaugh, to approve the minutes of the Special Council Meeting held January 18, 2010 with correction.  All members voted in favor. Motion carried. 

9.      BILLS TO BE APPROVED IN THE AMOUNT OF $ 34,601.40

Motion by Markle, support by Spulick, to approve the bills in the amount of $ 34,601.40. Roll call vote taken. All members voted in favor. Motion carried.

10.    LIMITED PUBLIC COMMENT ON ANY AGENDA ITEM

There was no public comment.

.11.    BOARD AND COMMITTEE REPORTS

    A. DPW COMMITTEE MEETING HELD JANUARY 14, 2009- CHAIR KUCINICH

Kucinich stated the DPW Committee mainly discussed the odor in the water and testing water at different points in the village.

    B.  LDFA MEETING HELD JANUARY 14, 2010 – PRESEIDENT MCLEAN

President McLean stated that the meeting was adjourned at 7:09.  There wasn’t a quorum.

    C.  PLANNING COMMISSION MEETING OF JANUARY 20, 2010 – LIAISON MARKLE

Liason Markle stated the Planning Commission was there to approve the PUD site plan for Mark Boven. They found a lot of corrections that needed to be made and it also needed to go to the ZBA for variances.

12.      STAFF REPORTS

    A.  POLICE REPORT – CHIEF VERHAGE

Officer Boehme gave the Police Report in Chief VerHages absence. There were 83 calls for service in the month of December and there were 38 citations written.
   
    B.  CLERKS REPORT – R. GOHEEN

The MDOT public meeting has been set for Thursday February 25, 2010 at the Mattawan Schools Center Building cafeteria at 7:00 PM.

    C.  ENGINEERS REPORT – CRAIG SHUMAKER

Craig will review the meeting regarding the 12th Street sewer situation held on Thursday January 21, 2010.
Craig will also review the memo regarding another ICE grant project.

These items are being sent to DPW.

Motion by Spulick, support by Markle, to send to DPW. Roll call vote taken. All members voted in favor. Motion carried.

13.    OLD BUSINESS

A.    CONDEMNATION OF THARGE PROPERTY

The condemnation hearing for the Tharge Property was held on Tuesday January 12, 2010 at 6:30.  Please see enclosed minutes of the meeting.

Attorney Graham prepared the resolution authorizing demolition. The property owner did not appear.

Motion made by Kirklin, support by Kucinich, to adopt the resolution authorizing demolition. Roll call vote taken. All members voted in favor. Motion carried.

    B.  WATER PROBLEM AT 24971 ESTATES COURT

The DPW Committee recommends 3-0 to have an independent firm come in and test the water at the well sites and at the resident’s home before any decisions are made.

Kucinich stated that the Committee agreed to have the water tested before a decision is made.

Motion by Spulick, support by Markle, to have an independent firm perform a water test. Roll call vote taken. All members voted in favor. Motion carried.

    C.  CONSIDERATION OF LDFA STATUS WITH ADOPTION OF RESOLUTION TO DISSOLVE

The LDFA meeting was held January 14, 2010.  There was not a quorum so there was no meeting.
The resolution reads to be effective as of March 2, 2010.  This is after the tax deadline of March 1, 2010.

President McLean stated that she attempted to have a meeting. She also stated that attempts to get a quorum for a meeting by sending E mails or by phone was to no avail. They tried night meetings and they were worse yet. Therefore we need to move forward with the dissolution of the LDFA.

Attorney Graham stated that he recommends March 2, 2010 be the effective date. That will be a clean break on taxes. Then we submit it to the State to be processed.

Motion by Kirklin, support by Ashbaugh, to dissolve the LDFA. Roll call vote taken. All members voted in favor. Motion carried.

 
    D.  CAPITAL IMPROVEMENT PLAN

Jamie Harmon will have copies of the plan for public review.

Jamie Harmon went over the Capital Improvement Plan and left copies for the public to go over. She stated that the public can add comments or ideas in writing to the Village through February 22, 2010. At the February 22nd meeting the Village will discuss the comments and depending on the updates and comments
adopt the plan contingent on the updates, or as is.

Markle asked that the Village Hall be added to the plan in case any grants come up in the future.

Motion made by Markle, support by Spulick, to add the Village Hall to the Capital Improvement Plan. Roll call vote taken. All members voted in favor. Motion carried.    

E.  ROUNDABOUT

Village needs to approach the property owners about moving driveways for the roundabout project.  MDOT would like this done and a memo to them with the outcome before the public meeting on
February 25th.  MDOT agreed to pay for reconstruction as long as it is not extravagant.

President McLean asked for a motion for this to be sent to DPW to investigate options that may affect those driveways in the roundabout plan.

Motion by Ashbaugh, support by Spulick, to send this item to DPW. Roll call vote taken. All members voted in favor. Motion carried. 

14.      NEW BUSINESS 

    A.  DOWNTOWN ORDINANCE

Joe Alexander of Powell Custom Homes would like to address Council regarding a downtown ordinance as suggested in the Master Plan.

Mr. Alexander was not at the meeting. President McLean stated this should be sent to Zoning and Ordinance and let Mr. Alexander know.

Motion by Kucinich, support by Markle, to send this to Z&O Committee. Roll call vote taken. All members voted in favor. Motion carried .

B.    SCHEDULE DPW COMMITTEE MEETING

Superintendent Anthony would like to schedule a DPW meeting for Wednesday January 27, 2010 at 10:30 AM to discuss the Main Street railroad bridge with MDOT present.

Motion by Kucinich, support by Spulick, to hold the DPW meeting Wednesday January 27, 2010. Roll call vote taken. All members voted in favor. Motion carried.

C.    REQUEST FROM MATTAWAN COMMUNITY CHURCH FOR USE OF PARK

Mattawan Community Church is requesting the use of the park on Thursday May 6, 2010 at 7:00 PM for National Day of Prayer.   This event will be approximately one (1) hour.

Motion by Ashbaugh, support by Spulick, to allow Mattawan Community Church the use of the park for National Day of Prayer, on Thursday May 6, 2010. Roll call vote taken. All members voted in favor. Motion carried.

15.       COMMUNICATIONS
   
a.    MML Legislative Link for January 5, 12, 19 2010
b.    List of Banner Purchase from Consort Display Group
   
16.     COMMENTS FROM VISITORS

There were no comments from visitors.

17.     COMMENTS FROM COUNCIL

There were no comments from Council.

Motion by Markle, support by Kucinich, to move to closed session to discuss sewer litigation at 7:29 P.M. All members voted in favor. Motion carried.

Motion by Kirklin, support by Ashbaugh, to move back into open session at 8:33 P.M.

Motion by Ashbaugh, support by Spulick, to check with the insurance carrier for insurance coverage. Roll call vote taken. All members voted in favor. Motion carried.

                 18.    ADJOURNMENT @ 8:35P.M.   
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