October 13, 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, Chief VerHage, Superintendent Anthony, Karl Freed AICP Ruth Goheen and others.
4. WELCOME TO THE PUBLIC
5. ANNOUNCEMENT OF MEETING BEING RECORDED
6. ADDITIONS TO THE AGENDA
Item D. was added to old business- extra expense for traffic study.
7. APPROVAL OF THE AGENDA
Motion by Kucinich, support by Bemer, to approve the agenda as amended. All members voted in favor. Motion carried.
8. APPROVAL OF THE MINUTES OF SEPTEMBER 22, 2008
Bemer asked the word “grabbing” be replaced by watching on page 2 under police report.
Motion by Bemer, support by Markle, to approve the minutes of September 22, 2008 as corrected. Roll call vote. All members voted in favor. Motion carried.
9. BILLS TO BE APPROVED IN THE AMOUNT OF $ 84,119.37
Motion by Bemer, support by Kucinich, to pay the bills in the amount of $84,119.37. 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. LDFA MEETING HELD OCTOBER 2, 2008
This meeting did not take place as there was not a quorum and could not proceed.
President McLean stated the meeting did not take place, however, she explained to the members that were there what the additional costs for the traffic study entailed.
B. DPW COMMITTEE MEETING OCTOBER 6, 2008 – CHAIR S. SMITH
Chair S. Smith stated the committee reviewed the surveying of 26th Street and the curb and gutter at St. John Bosco. Both items are on the agenda.
12. STAFF REPORTS
A. SUPERINTENDENTS REPORT – SUPERINTENDENT ANTHONY
Superintendent Anthony stated he and President McLean attended the Downtown Re-Development Incentive Programs, the two water treatment plants are operational and they are working out a few bugs, patched potholes. Installed new directional signs, trimmed trees, and read meters with the new radio read system stating it took 30 minutes to read the entire village.
13. OLD BUSINESS
A. CARPET AT VILLAGE HALL
The carpet and tile has been completed at the Village Hall. The initial cost was not to exceed the amount of $7400. Due to unforeseen circumstances there is an additional cost of $745.36. When the old carpet was removed most of the plywood that was used when the other carpet was installed came up with the old carpet. This resulted in having additional costs for putting down new under covering so the carpet would lay flat. We were without phones and desks for the most part of two days and to delay this any further would have just added more down time for the Village office and Police department.
Goheen explained the situation stating she had contacted President McLean to let her know what was going on. Being with out phones and computers for two days was very hard on the Police department and the village office, and the need to get this completed was a priority.
Bemer stated she was here for a Park and Rec. meeting during this time and it was a mess and she commended all who worked so hard to get things back together so business could resume.
S. Smith stated he had a problem with the extra for when someone bids a job for a firm price then they should do the job no matter what comes up and because they didn’t foresee a problem that is their problem not the Villages and that is why we set it not to exceed a certain amount of money.. Why should the residents have to pay the extra 10% to complete the job.
Attorney Graham stated from a legal perspective what they did is not really what they did because of the unforeseen contingency. They were asked to do a job for a price, but that is not what they had to do and because it was an unforeseen contingency and it was of an emergency nature, the problem from a legal standpoint, was done under proper procedure. The bottom line is it was an unforeseen contingency.
Smith stated he was not alright with this situation. He didn’t feel the residents should have to pay for a job that West Michigan Carpet were bid to do. We agreed they were to replace the tile and carpet for a price not to exceed $7,400. Attorney Graham stated they agreed to disagree on this situation. Attorney Graham stated from a legal perspective this was done with the proper procedure.
Smith stated so that means anything we bid to do with the not to exceed really doesn’t matter.
Graham stated the real key is, is there something unforeseen that arises that changes the nature of the bid. There are a lot of circumstances that it could have to be brought back to Council, however, in this case like this with unforeseen circumstances and when Village Hall and the Police Department are essentially unusable and with this being a reasonable amount of money and the proper procedure followed by Ruth contacting the Village President, I don’t see this as an issue. So I don’t think the answer that anytime you bid you can change as it or that it doesn’t matter depends upon the nature of the issue.
P. Smith asked if the Council should have been called or is it something Ruth would talk to Terri about. Graham stated Ruth can just talk to Terri about, but in other cases depending upon the amount and the circumstance surrounding the situation it doesn’t mean that we could not stop and the issue be brought back to Council for further discussion. In this case from a legal aspect it was handled properly.
B. SURVEY OF 26TH STREET
The DPW Committee recommends 3-0 to have Southwest Survey conduct the survey at a cost of $775.00. Please see enclosed price sheet.
S. Smith stated they received five different bids for the 26th Street survey and they would like to go with Southwest Survey which is a local company even though they were not the lowest bid. Committee recommends with Southwest Survey at a cost not to exceed $775.
Motion by S. Smith, support by Markle, to award the bid to Southwest Survey in the amount not to exceed $775.00. Roll call vote. All members voted in favor. Motion carried.
C. ST. JOHN BOSCO CURB AND GUTTER
DPW Committee recommends 3-0 to send the curb and gutter project out for bid. Drawings will be shown at the meeting.
Superintendent Anthony showed pictures of what was proposed to be done at St. John Bosco. The Village will pay for the front half and St. John’s Bosco will pay for the back half.
Motion by S. Smith, support by Kirklin, to send the curb and gutter for St. John Bosco out for bid. Roll call vote. All members voted in favor. Motion carried.
D. BRIDGE TRAFFIC STUDY
President McLean explained the extra $2,500 for the study. This extra cost was for French and Main Street that was added at the MDOT meeting. MDOT and the LDFA asked for French to be added to the study. There was a letter of explanation of the cost in the Council packet.
Motion by Markle, support by Kirklin, for Council approval and to send this back to the LDFA for their approval. Roll call vote. Six members voted in favor. S. Smith voted no. Opposition noted. Motion carried.
14. NEW BUSINESS
A. RENEWAL OF BANK CD’S
The rate for the CD’s is 33 months @ 3.85% interest or 16 months @ 3.60% with Kalamazoo County State Bank. CD’s are up for renewal on October 25, 2008.
Goheen reviewed the interest rates at several other banks. After discussion it was decided to send this to the Finance Committee for further review.
Motion by Bemer, support by S. Smith, to send the CD renewal to Finance Committee for further review and recommendation. Roll call vote. All members voted in favor. Motion carried.
B. MCGILLEN’S CROSSING ROAD SYSTEM
The roads in the complex were going to be private and after Superintendent Anthony talked to MDOT the roads can be local roads that the Village would own. Please see letter from Powell.
Joe Alexander of Powell Custom Homes stated after further investigation they can build the roads to Village standards and then dedicate them to the Village. The Village would then maintain the roads and receive road funds. This would be for the commercial phase only.
Motion by S. Smith, support by Kucinich, to have Powell build the roads to Village standards and them dedicate them to the Village. Roll call vote. All members voted in favor. Motion carried.
C. MCGILLEN’S CROSSING CONDO PROJECT APPROVAL
Freed of Fleis and Vandenbrink reviewed the approval phase of the condo project stating the preliminary plans have been reviewed by the Planning Commission and approved. The Village action in approval of the Preliminary Plan is a step II review, under the Ordinance, and gives the developer a 2 year period from the date of approval to construct those improvements so indicated on the plans. This means the general layout, orientation, street system, and utility plans for water and sanitary sewer have been approved. Approval of the step II phase serves to authorize the developer to proceed with the project for the construction of the Site Condominium titled “McGillen’s Crossing”. In two years, or less the Council will be asked to approve the Final Plan. Freed stated he recommends the Council motion approve with the exception of all of the storm sewer appurtances (collection, transport, and disposal), which shall remain under the control, operation, and maintenance of the McGillen’s Crossing Condominium Association.
Motion by Markle, support by S. Smith, to approve the McGillen’s Crossing Condo project, with the exception of all of the storm sewer collection, transport and disposal, which shall remain under the control, operation, and maintenance of the McGillen’s Crossings Condominium Association. Roll call vote. All members voted in favor. Motion carried.
D. HALLLOWEEN
Chief VerHage recommends Halloween for the Village of Mattawan be Friday October 31, 2008 from 5pm to 8pm.
Motion by Bemer, support by Kucinich, for the Village of Mattawan Halloween be on Friday October 31, 2008 between the hours of 5 pm to 8 pm. Roll call vote. All members voted in favor. Motion carried.
E. FALL LEAF PICK UP
Superintendent Anthony states he would like to start leaf pick up on November 17, 2008. This will run for at least two weeks.
S. Smith has concerns about leaf pick up being so late this year. Anthony stated it was the same time last year and all went well.
Motion by Kucinich, support by Bemer, to start leaf pickup on Monday, November 17, 2008. Roll call vote. All members voted in favor. Motion carried.
F. CHRISTMAS PARADE
This has usually been held on the third Saturday of November. This year the third week will be Saturday November 15, 2008.
Motion by S. Smith, support by Markle, to hold the Christmas parade on Saturday, November 15, 2008 at 6:00 pm. Roll call vote. All members voted in favor. Motion carried.
G. TOM DEBOER & NEIGHBORS OF EAST POINT CONCERNS
Please see enclosed letters and reports.
Tom DeBoer of 24942 Estates Court stated the reason he was here tonight is to speak about the domestic terrorists in our neighborhood and the relevance of irrelevance of village ordinances. The problems we have been having have escalated over the past several years and are only getting worse. These people are not teenagers but grown men in their 50’a and 60’s.
We have had to endure gross vulgarities, loud music, brawling, fighting, screaming, public urinating, trespassing and most common public drunkenness. We have had our mailbox knocked over by a drunk on a bicycle, my mother had had her life threatened by being buried alive, and just recently a neighbor had her tethered pet stolen out of the driveway. This has gone on day after day, night after night, year after year since 2002.
The police have responded as best they can but have been powerless to arrest anyone due village ordinances that tie their hands. I wish I had a dollar every time I was told “there’s nothing we can do”. The Police have to “witness” any and all violations in order to do their job and make an arrest, that leaves them to writing speeding tickets, seat belt, and other moving violations they happen to see with their own eyes.
Is an ordinance merely on the books to make the village appear to care or do these ordinances really matter? If so, then we need to enforce them. If these ordinances have no function, then rescind and change them. Ordinances are meant to add to the quality of life, not make it more difficult.
What we would like this Council to do along with the Planning Commission is to re-visit our village ordinances and if necessary re-write them and bring them in to the present day to empower the police to make arrests if the incident warrants.
Should we call and continue to report incidents, send letter upon letter, fax upon fax, to the village offices and wait as nothing gets resolved? Why should be have to go to court in order to secure and arrest and prosecute a violator by signing a complaint, in front of a judge and the accused, when we have already sent in a typed and signed letter of complaint to the village.
Fear of retribution scares a lot of residents from even reporting and infraction, and a lot of us are in our 60’s, 70’sand 80’s and in my opinion having to go to court after signing a letter of complaint is not only scary but redundant and unnecessary.
With expansion and growth in Mattawan evident the police need new powers, not constraints. The Police need to be allowed to do their job and this village needs to entrust law enforcement with the officer at street level, not in the courts..
Perhaps then, my mother, who is blind, and has lived here since 1978, will no longer be fearful of leaving her home and walking in her own backyard. Something serious is going to happen if you ignore this problem.
Chris Ballingall of 52879 25th Street stated she felt Mr. DeBoer’s remarks this evening should be copied and given to each Council member, that way you will understand what he has said.
I agree with everything Tom has said to you. Someone made a remark some time ago that Nettie and Tom are the only ones complaining. Nettie and Tom are the brave ones in the neighborhood in my opinion. The neighborhood is made up of elderly, handicapped, and single women who are afraid.
The last 6 years have been nothing but one event after another, window peeking, trespassing, driving a lawn mower while drunk from East Point to West Point Hills. Mailboxes destroyed, public urinating and tearing down trespassing signs. The list goes on and on.
The neighborhood watch program hasn’t worked.
I’m wondering why our police department couldn’t start a silent observer program in the Village. Maybe we could slow down the Marijuana and dope traffic that has invaded our community.
Our community needs some leadership by this Council. How would you like to live in fear every time you leave your home? For starters give the police an ordinance to arrest public drunkenness.
Attorney Graham stated all the comments made are valid comments and they get right to the heart of the concerns that law enforcement has to protect the public without infringing on people’s rights. It is a very delicate balance. One thing he would like to make clear is the village and police department to some extent are bound by state laws. Let’s talk about public intoxication. The state legislature has specifically said a local governmental body may not adopt any ordinance that prohibits or punishes public intoxication except as provided in two specific subsections and one says an ordinance may be adopted if it is consistent with state law. Bottom line is any local ordinance must be the same as the states. State statute is very clear and states it is not a crime to be intoxicated in public as long as they do not endanger another or is a danger to himself or is acting in a manner that causes a public disturbance. Now if this happens in the presence of a police officer then the officer is empowered to take action. If it does not happen in the presence of an officer then we need to figure out what to do about it. This is a very difficult area. The constitutional rights of a person to be free from unwarranted prosecution balanced against the right to enjoy your property and to live in a safe comfortable manner is a very thin line. This is not a matter of the Village not wanting to do something it is a matter of what we can do that the law allows. We can’t adopt a public drunkenness ordinance.
Bemer stated she had a long talk with Chief VerHage that morning and went through the ordinance book. She lives in East Point and lives further away and has not heard all the commotion. However at this point this has become a neighborhood problem. She checked the ordinance and now she understands why and how the ordinances are affected. She would like to start a neighborhood watch. She would be willing to chair this watch at East Point but would like to make this a whole village affair. This way the whole village can be the eyes and ears of the police department.
Chief VerHage stated this has been a community concern. It is mainly one person. He has made contact with this person and their families and has suggested the Veterans Hospital, Adult Protective Services and would like to help resolve this situation. However it has become more of a community problem. Chief stated if an officer does not witness an infraction he can’t make an arrest on what occurred not having seen the infraction The only way we can do that is if someone is willing to sign a complaint and possibly appear in court to testify if needed. . If they witness the offence then they can do something about the problem. What you have to do if you want police involvement, don’t send a fax or write a letter after the fact, call the Van Buren County dispatch and report it when it is occurring. They will dispatch a Mattawan officer to the scene any time night or day. Ms. Bemer has some good ideas about a neighborhood watch and he has been in contact with the Van Buren Sheriff and he will get the information needed to get a neighborhood established. He would like to set up a public meeting and set up each neighborhood.
Tom DeBoer stated this is community problem and the person in question was at Wagoner’s on Sunday barking like a dog. Chief stated he contacted the woman who made the complaint of this person at Wagoners, but she would not file a complaint. Chief had his on duty officer searching the area for this person and was unable to locate them. Had he done this if front of an officer and was causing a problem then we could take action. That is why it is so important to call when things are happening. Don’t call the Village Police Department number as the officer is not in the office most of the time as they are patrolling the Village, call the Van Buren Dispatch number and they will get you an officer.
Bemer would like to see the whole community work together to keep the crime out of Mattawan.
Ballingall asked if she recorded the situation. Chief stated yes you can record the situation but it is not going to help him at the time make an arrest. You may save it for court purposes if that arises.
Chief VerHage stated again if the officer does not witness the situation, we can’t arrest, unless you are willing to sign a complaint. Chief stated this is simply the way the law is. He does not want a law suit and neither does the Village.
Chief VerHage stated he had talked to the family and they want to resolve the situation also. Chief gave them several agencies that could possibly help.
15. COMMUNICATIONS
a. MML Legislative Links for September 23 & 302008, October 7, 2008
b. Update letter from Powell on McGillen’s Crossing
c. 2008 Water, Sewer and Tax Survey
16. COMMENTS FROM VISITORS
Paula Hillsburg of Johnson Poured Walls who lives in Lawton shared her concerns with the future growth of the Village with concerns regarding Powell Custom Homes. .
17. COMMENTS FROM COUNCIL
P. Smith reminded everyone the newsletter articles needed to be to her by October 22, 2008. She will send a reminder e-mail.
18. ADJOURNMENT
The meeting was adjourned 8:40 pm.
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