August 25, 2008 Council Minutes
1. CALL TO ORDER AT 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ATTENDANCE
Present: Kucinich, Kirklin, Bemer, McLean, S. Smith, Markle, P. Smith
Others present: Attorney Graham, Superintendent Anthony, Chief VerHage, Craig Schumaker of Fleis, Ruth Goheen, Claudia Spulick and others.
4. WELCOME TO THE PUBLIC
5. ANNOUNCEMENT OF MEETING BEING RECORDED
6. ADDITIONS TO THE AGENDA
There were no additions to the agenda
7. APPROVAL OF THE AGENDA
Motion by S. Smith, support by Bemer, to approve the agenda as printed. All members voted in favor. Motion carried.
8. APPROVAL OF THE MINUTES OF AUGUST 11, 2008
Bemer asked under the Finance Committee minutes the 3-0 recommendation for the office staff be changed to 2-1.
Motion by Bemer, support by Kucinich, to approve the minutes with the correction. All members voted in favor. Motion carried.
9. BILLS TO BE APPROVED IN THE AMOUNT OF $40,588.44
S. Smith asked why the Nextel bill was so low, Goheen checked the bill and it was incorrect. The correct amount should have been $313.77. Therefore $281.30 was added to the bills making the total $ 40,869.74.
Motion by S. Smith, support by Markle, to pay the bills in the amount of $ 40,869.74. Roll call vote. All members voted in favor. Motion carried.
10. LIMITED PUBLIC COMMENT
There was no public comment.
11. BOARD AND COMMITTEE REPORTS
A. DPW COMMITTEE MEETING AUGUST 21, 2008 – CHAIR S. SMITH
Chair S. Smith reported on the DPW meeting held August 21, 2008, stating the Committee reviewed the complaint on 26th Street. It was decided to send out to bid for a survey to see if the road is where it is suppose to be.
B. LDFA MEETING AUGUST 12, 2008 – PRESIDENT MCLEAN
President McLean reported on the LDFA meeting held August 12, 2008 stating the board gave approval for the MDOT road study in the amount of $37,500. They added the intersection of French and Main and asked that the letter be sent to the LDFA and not MPI. French Road has been added to the new contract and it has been sent to the LDFA and signed and returned.
C. PARKS AND RECREATION MEETING AUGUST 19, 2008 – CHAIR KUCINICH
Chair Kucinich reported on the Parks meeting held on August 19, 2008 stating the Committee finalized the picnic in the park, and Superintendent Anthony had directional sign pictures and the two new park signs pictures. Kucinich reported there was a good turn out for the park picnic and 47 surveys were turned in.
D. PLANNING COMMISSION MEETING AUGUST 20, 2008 – LIAISON S. SMITH
Liaison S. Smith reported on the Planning Commission meeting held August 20, 2008 stating the Commission gave approval for phase one of the McGillen Crossings and site plan approval for the first unit to be built in the new complex which will be a pharmacy.
12. STAFF REPORTS
A. POLICE REPORT – OFFICER SCOTT HUTCHINS
Chief VerHage reported there were 25 citations and 71 calls for service for the month of July, 2008. He stated it was good to be back as he has been gone since July 2, and he will be returning next week, not in uniform, but just in an administrative position. He should be released for full duty September 8, 2008. Chief stated he has recovered well from his shoulder surgery and is anticipating coming back to work.
13. OLD BUSINESS
A. VILLAGE PORTION OF 26TH STREET
This item was sent to the DPW Committee for further review and recommendation.
This item was tabled at the DPW meeting on August 21, 2008
Chair S. Smith stated after a lengthy discussion it would cost approximately $60-$80 thousand to pave that stretch of road, therefore they decided to get bids for a survey before making any decisions.
Motion by S. Smith, support by Kirklin, to have Superintendent Anthony get bids for the survey on 26th Street, to send back to the DPW Committee and then back to Council. Roll call vote. All members voted in favor. Motion carried.
B. BIDS FOR ST. JOHN BOSCO ENGINEERING
Bids will be opened on Monday morning and a copy will be at your desk for Monday evening’s meeting.
There were two bids turned in. One from Prein and Newhof and one from Wightman & Associates.
Motion by S. Smith, support by Markle, to award the bid to Prein and Newhof in the amount not to exceed $1,850. Roll call vote. All members voted in favor. Motion carried.
C. INFORMATIONAL ONLY
Please see then enclosed memo for the directional and historical signs that will be purchased with part of the grant monies received from Alcoa. See enclosed Alcoa letter regarding grant.
President McLean thanked Superintendent Anthony for applying and receiving the $17,200 grant for the park
14. NEW BUSINESS
A. WEST POINT CONNECTION FEES
All Council members should have received via FedEx the letter from Miller Canfield. If you did not please call the office Monday. Attorney Graham will review.
Jim Allen of Miller Canfield stated the litigation for Uni Prop Corp, (West Point Hills) has resulted in a settlement agreement, and they are asking for some leniency in the resolution for paying off the connection fees at the time of new ownership. La Salle bank is currently in possession of this property and because the settlement agreement with Uni Prop and the Village does not specify that the balance be paid off, they are asking for the resolution be changed to accommodate them in the sale of this property.
Markle asked if Miller Canfield was the bond representative for the Village. He stated they were however, this case has no bearing on them being bond reps for the Village. Attorney Scott Graham agreed stating this had absolutely no bearing on this case.
Attorney Graham stated that since not all the current Council members were on the Council at the time this settlement agreement and resolution were completed, he reviewed the case. He stated West Point held up the sewer project for over a year in litigation and when all was settled they agreed to pay for 377 units currently in use and another 77 possible units to be used at a cost of $2,000 each. They made monthly payment of $3,574.61 and $730.09 respectively on both sets. They eventually decided they were not going to use the additional 77 units and the Village gave them a credit in the amount of $35, 044.55 the amount they had paid on the 77 units. This credit was taken off the 377 unit payments on a monthly basis until the entire $ 35,044.55 had been used, and then they resumed the $3,574.61 monthly payments in December of 2005. Attorney Graham stated it is entirely up to the Village on how they handle this situation. He stated that currently all home owners that sell their property are required to pay off the balance of the connections fees at the time of the sale. Superintendent Anthony stated we do however in cases of foreclosures have to wait for the foreclosed property to be sold before we receive final payment. Goheen agreed that is how it is done with foreclosures at this time, stating that usually the lien holder will call the office for the payoff amount and that is sent before the new owners take possession. There has never been a case where we have granted any resident or business the option of letting the new owner take over payments per the resolution, but we have had to wait the 6 months or more while in foreclosure for the payment to be received, but once it is sold it is paid off immediately.
Markle stated if we do this for West Point then we are discriminating against the other residents. Attorney Graham stated this is unique circumstance and we need to do what is in the best interest of the Village at this time.
Mr. Allen stated the laws in Michigan are the foreclosed upon people have 6 months after to redeem the property back, and all the bank is asking is for that time period in which to continue to make monthly payments and when they find a suitable buyer, the buyer will in turn pay off the balance. If Uni Prop redeems the property then they would continue to make the monthly payments. If some one else purchases the property then they would have to pay off the balance. Basically they are asking that they be allowed to make the monthly payments until a buyer comes along to purchase the property however long that may take.
Attorney Graham asked Council and Mr. Allen if they all would agree to continue to let La Salle bank make the monthly payments until they found a buyer who would then pay off the balance. All agreed.
Motion by S. Smith, support by Bemer, to wait for the balance to be paid on the 377 remaining units until a sale occurs to another party as long as the monthly payments are being made. Roll call vote. All members voted in favor. Motion carried.
B. APPOINT NEW CONSTRUCTION BOARD OF APPEALS.
Construction Board of Appeals Ordinance # 200 states the members terms are for four (4) years and we need to appoint a new board as all the terms have elapsed. The board according to the ordinance shall consist of three members. Each member shall be qualified by experience or training to perform the duties. Members do not have to be Village residents. Randy Powell had agreed to be on this board. He was on the last CBA Committee, however, all the terms have expired. Building Inspector Cirino has a couple of other people in mind.
Attorney Graham stated there has never been a need in the past for a CBA. Pursuant to the ordinance you can appoint a three member committee at any time. However, at one time there was such a committee appointed but the terms have all expired.
Building Inspector Harold Cirino had given Goheen a list of three people who might serve on this board. Goheen called all three and all agreed to serve on the committee. They are Randy Powell of Powell Custom Homes, Mattawan, - Nick Loeks of Vanderweele Design, Kalamazoo - and Ron Berleger Builders, Mattawan.
Motion by S. Smith, support by Kucinich, to appoint Randy Powell, Nick Loeks, and Ron Berleger to the Construction Board of Appeals for a term of 4 years. Roll call vote. All members voted in favor. Motion carried.
C. LDFA BUDGET ADJUSTMENT
We need to make a budget adjustment to accommodate the $37,500 for the bridge study. This will come from the revenue account 250-000-40200 and go to LDFA consulting account 250-728-82620.
Motion by Bemer, support by Kucinich, to approve the budget adjustment for the LDFA to accommodate the MDOT road study. Roll call vote. All members voted in favor. Motion carried.
D. REPAIR OF POLICE VEHICLE
The rear end has gone out on the school police vehicle officer Hutchins drives. We have one bid from Rossman Automotive and will have one from Spikes on Monday.
Chief VerHage stated this vehicle was one of the cars that we purchased from U of M for $5500 when we had the accident and Officer Hutchins drives this vehicle to school. It is used primarily for school officer and Officer Hutchins takes excellent care of this vehicle. Since Officer Hutchins has been the school officer he has handled all the cases involving the school. The school pays a large portion of his salary and benefits and if we did not have him in the school the police department would have to respond to calls at the school anyway. He feels is it a good visible presence to see a police car at the school and also of there is an emergency that requires another officer, officer Hutchins has a car and can respond immediately.
Chief stated after last year’s audit CPA Dan Veldhuizen stated that Chief had enough money to purchase another police vehicle it need be. He feels the need for a new vehicle is not necessary at this time and feels it is well worth the $1400-$1600 to repair the vehicle and would recommend the repair of this vehicle.
Markle asked if he had a preference as to who did the work, he stated he did not and they have always been happy with Spikes and Rossman’s and since Spikes was the lower bid that was fine with him.
S. Smith asked if this problem just came about. Chief replied it has been coming on for about two months. DPW Technician Adams had taken a look and stated it was the rear end going out, but not much you can do until they actually go out.
Motion by Markle, support by Kucinich, to send the car to Spikes for repair in the amount not to exceed $1,400. Roll call vote. All members voted in favor. Motion carried.
E. CRACK SEALING BIDS
Please see enclosed memo.
Motion by S. Smith, support by Markle, to award the crack sealing bid to Pavement Restoration in the amount not to exceed $1.45 per pound. Roll call vote. All members voted in favor.
15. COMMUNICATIONS
a. MML Legislative Links for August 12, & 19, 2008
b. Letter from Sprint extending lease
16. COMMENTS FROM VISITORS
Craig Schumaker of Fleis and Vandenbrink gave a report on the arsenic treatment plants stating the 25th Street plant is experiencing some bacteria problems and hopefully by next week they will be able to get it on line. There were also some communication problems with the controls but those have all been worked out. They are also taking samples from the Main Street plant and they will be testing more next week on that plant. Schumaker stated people just need to check their water before washing their light colored clothing.
Goheen asked if another letter should go out to residents and all agreed, with Schumaker adding that it would be a good idea to let people know that for the next three weeks there could be some possible problems. It was decided to state in the letter that for the next three weeks there could be possible iron deposits and by then it should be running clean.
17. COMMENTS FROM COUNCIL
Bemer asked Superintendent Anthony about the $500 mulcher and how that was working. Anthony stated there were some problems, especially if the grass gets long.
Bemer thanked Anthony and his staff for showing up and helping with the picnic on Saturday in the Park.
Anthony stated that both his workers showed up on their own and volunteered their time, stating that is hard to find these days. They weren’t asked they just showed up and worked.
Kucinich stated she really like the new Kalamazoo County State Bank sign and would like a letter sent to them from the Council stating how nice the sign was.
Bemer stated we should do the same for residents that purchase property and then clean it up and make it look nice. One resident has just done that in her neighborhood.
19. ADJOURNMENT
The meeting was adjourned at 8:08 PM
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