Council Minutes

REGULAR COUNCIL MEETING

MILFORD CIVIC CENTER

 

President Nader called the meeting to order in the Milford Civic Center at 7:30 p.m. President Nader led the Pledge of Allegiance.

 

PRESENT

 

President Thomas Nader; Councilmembers Michael Glagola, Elizabeth Heer, Richard Kostin, James Kovach, Theresa Rusas, Kevin Ziegler

 

ALSO PRESENT

 

Arthur Shufflebarger, Village Manager; Thomas Connelly, Legal Counsel; Ann Barnette; DDA Director; Thomas Motley, BRA Chairperson & DDA Boardmember; Phyllis Motley, Water Board; Myles Davis, Parks & Rec. Commissioner; Mark Jaffray, ZBA Boardmember

 

APPROVE CONSENT AGENDA

 

CM-02-023-08 Heer moved, Rusas seconded, to approve the consent agenda of February 19, 2008 as presented. Motion CARRIED

 

Minutes of the Regular Council Meeting of February 4, 2008

 

Minutes of the Council Budget Session of February 11, 2008

 

Council Approval of Direct Debits Council

 

Approval Payroll 2/5/08

 

Sewer Use Request 518-520 Highland Ave Remaining Taps 111.349

 

Transfers and Disbursements

General	$99,906.28
Major Street Fund	28,708.89
Local Street Fund	7,554.92
Police Fund	14,551.77
Parking Fund	19.96
Downtown Development Authority Fund	50,132.90
Forfeiture Fund	690.42
Senior Citizens Fund	102.76
Water/Wastewater Fund	64,490.59
Escrow Fund	8,880.00
Total	$275,038.49

 

APPROVE REGULAR AGENDA

 

CM-02-024-08 Heer moved, Rusas seconded, to approve the February 19, 2008 regular agenda as revised. Motion CARRIED

 

Nader excused himself as he is one of the property owners who would be affected by the S.A.D. and turned the meeting over to Rusas.

 

PUBLIC HEARING

 

Rusas explained the procedure, stating that each speaker would have five minutes with a second chance to speak after everyone has had a chance to speak first.

 

CM-02-025-08 Kovach moved, Glagola seconded, to open the Public Hearing at 7:32 p.m. Motion CARRIED

 

Brad Thompson, 1520 Gulley Road, Howell, engineer for the project provided Council with a copy of the conceptual engineering plan for the road improvement (on file in Village office). He requested a three foot variance to the engineering standards for the width. He said per our ordinance, his proposal meets the Road Commission for Oakland County’s standards. He said he tried to estimate a little higher than he thought the improvements would cost, to ensure there would be enough money. He said after the plans have been bid out, he expected the cost to be less. He said the life of the road is estimated to be twenty years and the RCOC typically establishes fifteen year S.A.D.s.

 

Shufflebarger said the curb profile and storm drainage plans would be approved by Wade Trim during the engineering process. He said our ordinance would allow the S.A.D. to be set up for either twenty or fifteen years. He also asked Council if they wanted to rename the street. It was platted as River Street and we already have a River Road.

 

Edith Nader, 434 W. Huron, showed a drawing of the site and said the issue came about because the Worrell’s had no parking places on their property. She said they should not have been issued a Certificate of Occupancy for their building permit without two parking spaces on site. She said Mr. Worrell brought dirt and plants in and changed the contour of the road. She said it used to drain into the River, but now there is no place for water to go and everything is covered in ice. She said when the Worrells plow the snow they dump it in the new swale her son was required to install.

 

Robert Hwozdik, 631 Elizabeth, said the problem was that someone wanted to build a house in somebody’s backyard. He said it looks like Sanford and Son and today there was a trailer being demolished in the right-of-way. He said the Worrells created the problem and now want the Village to pay to correct it. He said he does not have a concrete approach and is not asking the Village for one.

 

Thomas Nader, 300 W. Huron, asked what the procedure was in regards to the Special Assessment and the obligation of the property owner to pay it off.

 

Connelly said it would be considered a lien on the property and would have to be paid off before the house could be sold. He said if the S.A.D. was not paid, the homeowner could lose their home for failure to pay taxes.

 

Mrs. Nader provided an amortization schedule for 15 and 20 years (on file in Village office). She said the homeowners can not afford the extra monthly payments. She also provided an example of interest the Village will lose in one year on General Fund monies. 

 

Rusas said the Village would not lose any money. She said we would be making 1% over the prevailing interest rate. Karen Worrell, 815 N. Union, said the parking problem will be resolved after the pole is moved. She said Mr. Nader changed the drainage when he built his house.

 

Jerry Aubry, 425 S. Main said to make sure the curb cut is big enough for a handicap bus to safely pull in. There was general discussion about the curb cut and whether the bus should pull into the site without a t-turn around or park parallel to W. Huron and stop traffic. Leaving the east curb cut to make the new curb cut bigger was also discussed. That option could be reviewed during engineering.

 

Scott Lewis, 224 W. Huron said the bus pulls in now, unless there is garbage blocking the entrance.

 

Mr. Nader said when he built his house he was required to return the Village right-of-way to its original condition. He said he did, he put in sod where there had been grass. He said he did change the topography, but was required to install a swale at his own expense to handle the water run off. He said the swale worked. He said the run off problem is because of the dirt and landscaping the Worrell’s installed at the end of the road. He said he had suggested putting a three inch cap on the road and all three parties pay for that. He said he never heard any more about his suggestion. He said he can not afford the extra $250 a month for twenty years. He asked Council to put themselves in his place.

 

Mr. Hwozdik asked how long the Worrell’s had lived there? He asked how long the parking problem existed. He said moving the telephone pole was supposed to solve the parking problem and that has not been moved.

 

Rusas said Mr. Nader did not want the pole moved.

 

Mr. Nader said he suggested they use guy wires, he said he did not prevent them from moving the pole.

 

Mr. Hwozdik said Village allowed the Worrell house to be built in someone’s back yard. He said this is costing the Village money. He said their arrogance is causing the problems and they are catered too because of who they are.

 

There was no further input from the public.

 

CM-02-026-08 Kovach moved, Glagola seconded, to close the Public Hearing at 8:25 p.m. Motion CARRIED

 

NEW BUSINESS

 

 

CM-02-027-08 Kovach moved, Kostin seconded, to adopt Resolution 08-002 to establish a Special Assessment District as follows:

WHEREAS, the Village Council directed the Village Manager to prepare, or cause to be prepared, plans and specifications for roadway improvements to River Street, including an estimate of the cost thereof; and

WHEREAS, the plans, specifications and cost estimate have been filed with the Village Clerk and the Village Manager has made his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the Village, the number of installments in which assessments may be paid and the land which should be included in the special assessment district; and WHEREAS, the report of the Village Manager has been filed with the Clerk for presentation to the Village Council, and such report is available for public examination. NOW, THEREFORE, BE IT RESOLVED that

1. The Village Council has reviewed and approved the plans and specifications for roadway improvements to River Street (“the Project”).

2. The Village Council has reviewed and approved the cost estimate for the Project and has approved an amount, the final calculation of which shall be delayed until after completion of the improvement, whereby the actual costs shall be determined and the special assessment roll shall be set.

3. The Village Council has reviewed and approved the estimated life of the Project and has determined that the life span shall be twenty (20) years.

4. The Village Council has reviewed and approved what proportion of cost shall be paid by special assessment upon the benefited properties and determined that no costs shall be allocated as general obligations of the Village.

5. The Village Council has designated the lands upon which the special assessment shall be levied to include Parcel 16-10-428-007 (more commonly known as 250 West Huron); Parcel 16-10-427-015 (more commonly known as 300 West Huron); and Parcel 16-10-428-008 (more commonly known as 224 West Huron).

6. The Village Council has determined that special assessment interest shall be charged on the deferred installments, which shall be calculated as one (1%) percent over the prevailing rate of return for the Village of Milford General Fund as determined on January 1 each year, not to exceed eight (8%) percent per annum.

7. Preparation of a special assessment roll shall be delayed until after the completion of the improvement, in which case the actual cost thereof shall be reported to the Village Council and a special assessment roll shall then be made based upon such actual cost. 8. The Village Manager shall be designated as agent for the Village Assessor and shall prepare a special assessment roll, including all lots and parcels of land within the special assessment district designated by the Council.

9. Once the Village Manager completes the assessment roll, he shall cause to be attached thereto or endorse thereon a certificate to the effect that such roll has been made pursuant to a resolution of the Village Council, giving the date of the adoption of such resolution. The certificate shall be filed with the Village Clerk, which provides notice that such special assessment roll is on file in the Clerk's office and available for public inspection.

10. Upon receipt of the certificate, the Village council shall fix a time and place when it will meet and review the assessment roll, and shall direct the Village Clerk to give notice of such hearing at that time.

11. All resolutions and parts of resolutions, insofar as they conflict with the provisions of this resolution, are hereby rescinded.

Yes – Ziegler, Glagola, Kovach, Rusas, Heer, Kostin

Abstain – Nader Motion CARRIED

 

CM-02-028-08 Kovach moved, Kostin seconded, to approve the proposed variance in street width from 27 feet (measured from the back of the curb to the back of the curb) to 24 feet. (A 23 foot wide street is allowed as per Section 38-279 note (7)). Motion CARRIED Nader ABSTAIN

 

CM-02-029-08 Kovach moved, Glagola seconded, to accept the curb profile and pavement cross section subject to Village engineering approval.

Yes – Kostin, Kovach, Glagola, Rusas

No – Ziegler, Heer

Abstain – Nader Motion CARRIED

 

DISCUSSION

 

There was discussion as to whether mountable or non-mountable curbs should be installed and how they would each help or hinder the parking issues. It was determined that the mountable curbs as originally proposed would will be installed.

 

CM-02-030-08 Glagola moved, Kostin seconded, to accept the storm drainage plan subject to Village engineering approval. Motion CARRIED Nader ABSTAIN

 

Mr. Nader asked Council to consider leaving a portion of his concrete drive and install the asphalt up to his concrete. He asked what the time table is for this project.

 

Shufflebarger said leaving the concrete could be considered as the project is designed. He said this will probably be a three to four month time frame.

 

Nader resumed control of the meeting at 9:05 p.m.

 

CM-02-031-08 Kovach moved, Kostin seconded, to approve temporary additional alcohol sales for the SOC Group, Inc., O’Callaghan’s Public House, 449 N. Main on 3/17/08, subject to LLC conditions and approvals. A certificate of insurance must be provided to the Village Clerk listing the Village of Milford as additional insured. Motion CARRIED

 

CM-02-032-08 Kovach moved, Glagola seconded, to waive bid requirements per Sec. 2-113, professional services and to approve the proposal from Linc Mechanical for $7,990. Motion CARRIED

 

 

CM-02-033-08 Rusas moved, Kovach seconded, to adopt Ordinance Amendment 231-126 to amend Art. IV, Sections. 70-101, 104, and 105, Snow Removal.

Yes – Kovach, Heer, Glagola, Nader, Rusas, Ziegler

No – Kostin Motion CARRIED

 

DISCUSSION

 

Jeremy Young, Milford Fire Department asked Council to address fire hydrants that are being covered by snow plows in private parking lots.

 

Council discussed amending the snow removal section of the ordinance or adopting the new Fire Code.

 

Roger Mertz, 401 East, asked the Village to clear the sidewalks on Center Street between Union and First St. He said it is covered by the snow the Village plows from the street. He said this year someone has come back and shoveled the sidewalk.

 

Nader asked Shufflebarger to find out if the DPS has been going back to clear those sidewalks.

 

Marsha Cummins, 1130 Pleasure, asked why the Village had to levy fines and ticket people. She suggested only certain areas be required to clear the sidewalk within 48 hours.

 

Shufflebarger said the ordinance currently allows us to fine and ticket people. He said the only change is to allow the Village to clear the sidewalk and bill the homeowner if the snow is not cleared. He said we normally warn first and that process would continue.

 

Nader said the majority of people do clear their sidewalks and do respond to warnings. He said the few who ignore the warnings and tickets are the reason for the amendment to allow the Village to clear the sidewalks.

 

Glagola asked why we are creating new Sections 70-104 and 70-105 rather than amending Sec. 70-62, maintenance.

 

Connelly said the focus is on snow removal and that is where it should be, not 70-62, maintenance. He said there is no problem with having the mention of clearing sidewalks in both sections.

 

Kostin said we were acting on the complaints of a few residents and did not see the need to impose extra penalties on the rest of the residents. He said he did not see how the ordinance officer was going to cover the entire Village in a 48-hour time period.

 

Kovach said the fines are not going to be an issue. He said it gives us the ability to clear the walks if we need to. He said we can not regulate certain parts of the Village only.

 

Mr. Aubry said if the Village is going to clear sidewalks on Center Street, they have to clear Summit Street and other areas where the sidewalk is next to the road.

 

 

CM-02-034-08 Rusas moved, Glagola seconded, to adopt Ordinance Amendment 231-127 to amend Sec. 62-1, replace Sec. 62-2 and add a new Sec. 62-13, Solid Waste.

Yes – Nader

No – Rusas, Glagola, Kovach, Ziegler, Heer, Kostin Motion FAILS

 

DISCUSSION

 

There was general discussion about the twenty-four hour time frame to keep the garbage out prior to and after pick up day; whether or not it is a safety issue leaving it out longer and vermin getting into the trash and whether the Village should be legislating common sense.

 

 

CM-02-035-08 Kovach moved, Heer seconded, to waive the bidding process as this is a service provided by Intergovernmental agreement with Milford Township, and approve the proposal from Environmental Recycling Group for the Household Hazardous Waste Collection Day event. Motion CARRIED

 

CM-02-036-08 Kovach moved, Kostin seconded, to adopt Email Retention Policy as provided in on page 13 as an addendum to the General Record Retention and Disposal Schedule #8. Motion CARRIED

 

 

CM-02-037-08 Ziegler moved, Heer seconded, to postpone action on the agreement with CGI Communications to create Village promotional videos and website access to allow Administration to provide additional information.

Yes – Ziegler, Glagola, Kovach, Rusas, Kostin, Nader

No – Heer Motion CARRIED

 

DISCUSSION

 

Council asked the Village Manager to provide a list of other companies that provide this service; find out if we can have an “opt out” clause; and if there is a company that will pay us.

 

CALL TO THE PUBLIC

 

Nader asked if there was anyone who wished to address Council on an item that was not on the agenda.

 

There was no input from the Public.

 

MANAGER’S REPORT

 

Shufflebarger reported the Village is a co-sponsor of an Oakland County workshop for people who are having trouble with possible foreclosures. It is at Milford High School on 3/3/08.

 

COUNCILMEMBERS REMARKS

 

Kovach asked if the DPS was using sand for snow removal.

 

Shufflebarger said they were using a sand/salt mixture. He said we have ordered some salt, but it is more expensive than what we normally pay.

 

Heer reported that she will be attending the MML Economic Development Land Use Committee.

 

Ziegler said he attended the State of the County address.

 

ADJOURN

 

The meeting was adjourned at 10:14 p.m.

 

Ann Collins, CMC

Milford Village Clerk