| REGULAR COUNCIL MEETING |
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| MILFORD CIVIC CENTER |
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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 (7:31), Richard Kostin, James Kovach (7:31), Theresa Rusas (7:31), Kevin Ziegler
ALSO PRESENT
Arthur Shufflebarger, Village Manager; Thomas Motley, BRA Chairperson & DDA Boardmember; Phyllis Motley, Water Board; Wayne Walli, Police Chief; Randy Sapelak, Building Official; Nancy Scott, Deputy Clerk; Mark Jaffray, ZBA Alternate
APPROVE CONSENT AGENDA
CM-4-059-08 Heer moved, Glagola seconded, to approve the consent agenda of April 7, 2008 as presented. Motion CARRIED
Minutes of the Regular Council Meeting of March 17, 2008
Council Approval of Direct Debits
Council Approval Payroll 3/18/08 & 4/1/08
Transfers and Disbursements
| General |
$81,454.62 |
| Major Street Fund |
4,861.94 |
| Local Street Fund |
2,086.39 |
| Police Fund |
11,694.94 |
| Parking Fund |
130.00 |
| Downtown Development Authority Fund |
5,764.30 |
| Senior Citizens Fund |
462.88 |
| Water/Wastewater Fund |
9,001.26 |
| Escrow Fund |
5,614.00 |
| Total |
$122,948.59 |
APPROVE REGULAR AGENDA
CM-04-060-08 Kostin moved, Glagola seconded, to approve the April 7, 2008 regular agenda as revised. Motion CARRIED
PRESENTATION
2007 Annual Police Department Report Police
Chief Wayne Walli presented the 2007 annual Police Report to Council.
Nader complimented Chief Walli on the good job the police department has done. He thanked him for the report.
President 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 President Pro-Tem Rusas.
UNFINISHED BUSINESS
Approve Bill from BF Thompson for River Street Engineering
CM-04-061-08 Kovach moved, Glagola seconded, to approve invoiced engineering costs for River Street SAD from B.F. Thompson Civil Engineers & Land Surveying for $7,149.50. Motion CARRIED Nader ABSTAIN
DISCUSSION
There was discussion between Mr. Nader, Council and Connelly regarding whether the proposed improvements were in fact a benefit to all three parties. Mr. Nader’s attorney sent a letter to Connelly’s office questioning the benefit to Mr. Nader, the questionable approval of a S.A.D. and asked that the three parties get together to sit down and talk.
Rusas stated that this invoice is for work already done and it was not fair to Mr. Thompson to postpone payment for services rendered.
Nader stated he was not in favor of using BF Thompson Engineering.
Rusas said Mr. Nader had input as did the other neighbors on whether to use Mr. Thompson or not.
Shufflebarger said the Village is obligated to pay this bill as Mr. Thompson performed these services in good faith, whether they are paid as part of the S.A.D. or not.
Reconsider Approval of Contract with BF Thompson for River Street S.A.D. Engineering
CM-04-062-08 Kovach moved, Glagola seconded, to waive the bid requirement as this is a professional service and approve engineering proposal for River Street S.A.D. from B.F. Thompson Civil Engineers & Land Surveying for $9,535. Motion CARRIED Nader ABSTAIN
DISCUSSION
Mr. Nader said he was not in favor of the S.A.D.
Rusas stated she would be willing to postpone engineering on the S.A.D. if Mr. Nader was willing to negotiate. She asked him if he would consider a three inch cap, center the road in the right-of-way, open the mouth of the road to allow the school bus greater access and provide adequate parking for all parties, both approaches and in the street.
Mr. Nader said he spoke with a neighbor who did not agree with those conditions. Mr. Nader did not agree with widening the drive approach.
Nader returned to the table and proceeded to conduct the meeting.
NEW BUSINESS
Waive Bid Requirements & Approve Purchase of Police Vehicle
CM-04-063-08 Kovach moved, Glagola seconded, to waive the bid requirement due to the Oakland County pre-bid program; approve the purchase of this vehicle for $18,698.40; and approval of conversion costs as necessary, up to $3000. Motion CARRIED
Accept Bid to Purchase & Install Equipment for 2009 Dump Truck
CM-04-064-08 Kostin moved, Rusas seconded, to accept the bid of $41,566 from Allied Truck Equipment to purchase and install the new equipment for the 2009 International dump truck. Motion CARRIED
Waive Bid Requirements & Approve Expenditure to Rehabilitate Well #2
CM-04-065-08 Kostin moved, Rusas seconded, to waive normal bidding process requirements and approve the expenditure of not to exceed $21,978 for Peerless Midwest, Inc the Village well and pump contractor, to perform a complete tear down and rehabilitate well #2 to keep the Village of Milford’s water system running efficiently. Motion CARRIED
Approve Right-of-Way Improvements on Mill Street for Johnson Elementary School
CM-04-066-08 Kovach moved, Glagola seconded, to approve the right-of-way improvements as requested by Huron Valley Schools without the sidewalk extensions. Motion CARRIED
DISCUSSION
Frank Patrello, 1042 N. Milford Road, Milford, representing Huron Valley Schools was present to answer any questions of Council. Mr. Patrello asked Council to approve the improvements without the sidewalk connections from the new parking lot to both the south and north drives as recommended by the Building Official.
Council determined that in this case, extending the sidewalks would serve no useful purpose.
Adopt Resolution 08-005, MDOT Matching Funds
CM-04-067-08 Rusas moved, Kostin seconded, to adopt 8-005 as follows:
WHEREAS, the Village of Milford Council, as an Act 51 Agency, agreed to sponsor an application for funding assistance through the Michigan Department of Transportation (MDOT) Enhancement Program, on behalf of the Charter Township of Milford, for construction of the Milford-Kensington Trail; and
WHEREAS, the request for funding assistance from the MDOT Enhancement Program was successful and received a Conditional Funding Commitment on April 18, 2006 in the amount of $609,355 (ENH200300423); and
WHEREAS, the Village of Milford and the Charter Township of Milford have entered into an agreement that details financial and construction responsibilities, and particularly notes that the Village is serving as a fiduciary for the MDOT Enhancement funds on behalf of the Township and that the Township has final responsibility for the project; and
WHEREAS, the Charter Township of Milford has also secured $400,000 from the Michigan Department of Natural Resources, $75,000 from the Community Foundation for Southeastern Michigan, and the remaining funds needed for construction of the Milford-Kensington Trail from a 0.1 mil passed in 2004; and
WHEREAS, the Charter Township of Milford has entered into an agreement with the Huron Clinton Metropolitan Authority which details joint responsibilities for operation of the project as well as funding and implementation of maintenance activities over the design life of the facility; and
WHEREAS, the Village of Milford authorizes Mr. Robert Calley, DPS Director, to serve as the Authorized Agency Contact for the construction of the Milford-Kensington Trail project; and
NOW, THEREFORE BE IT RESOLVED, that the Village of Milford, on behalf of the Charter Township of Milford, does hereby indicate that all non-federal matching funds for the Milford-Kensington Trail project are secured, available and committed for use in constructing the project. Motion CARRIED
Approve Outdoor Liquor Sales, 335 N. Main, Coratti’s on Main
CM-04-068-08 Kovach moved, Glagola seconded, to approve request of DMP Pubs, LLC for a new outdoor service area (on Village sidewalk) on 2007 resort Class C license issued under MCL 436.1531 (3) (Non-transferable) licensed business with dance-entertainment permit, located at 335 N. Main, Milford, MI 48381, Oakland County. Motion CARRIED
CALL TO THE PUBLIC
Nader asked if there was anyone who wished to address Council on an item that was not on the agenda.
Scott McVean, 742 Friar, explained that Planning Commission conditionally approved a site plan that would allow for the Sherwood Party Store on Commerce Road, to construct a gas station with a store. He was against that use at that location. He said it was too close to residential neighborhoods and was a safety issue.
Shufflebarger said the applicant has yet to go to ZBA to seek variances. He said if those variances were not granted, the applicant would then have to go back to Planning Commission.
J. Phil Harris, 169 Marlene, stated he was the victim of selective enforcement. He said over the years he has had to call the Building Official because of weeds and drainage problems. He complained about Mr. Sapelak’s attitude to his complaints and said Mr. Sapelak threatened him. He said now he has received a notice from the Village Building Official telling him that his recreational vehicle could no longer be parked in his front yard. He said Mr. Sapelak was retaliating against him now.
Shufflebarger said a complaint was made about recreational vehicles parked in front and side yards. He said Planning Commission has looked at the ordinance and is considering changing it to allow parking in side yards under certain conditions. He said Planning Commission does not want to allow parking of recreational vehicles in the front yard.
Sapelak said he sent the violation notice to Mr. Harris because Planning Commission requested that Mr. Harris remove both the recreational vehicle and the protective structure he built over it from the front yard. He said he always responded to Mr. Harris’ concerns and never threatened him.
President Nader left the table and President Pro-Tem Rusas took over the meeting.
Mr. Nader said Council was not looking at the whole picture regarding his situation with his neighbors. He said now he has two telephone poles in his back yard. He questioned the Village Manager’s authority to have the telephone pole moved onto his property. He said Robert Calley, DPS Director should have been the one to make that decision.
Rusas said Council has looked at the whole picture. She said the telephone pole is eighteen feet from Mr. Nader’s lot line, not in his back yard. She said as Village Manager, Mr. Shufflebarger directs the DPS Director and was within his right to direct the DPS Director to contact DTE about the telephone pole. She said DTE will not put a pole on private property.
There was no further input from the Public.
President Nader resumed control of the meeting.
MANAGER’S REPORT
Shufflebarger reported that it had been discovered that the original wooden bridge and boulders had not been removed and were still underwater. They are impeding progress because the new coffer dams can not be built until the debris is removed. He said they hoped to be done this week. There will be extra costs that will be split 95% by the State and 5% by the Village. He said we have a contingency built into the cost of the bridge replacement.
He reminded everyone of the next budget session this Wednesday, the 9th at 7:00 p.m. He said Earth Day Festivities will be held in Central Park on April 20th and the Downtown Business Association will be cleaning Main Street on the 12th at 6:15 a.m.
COUNCILMEMBERS REMARKS
Kostin apologized for his absence due to his wife’s medical treatment.
Glagola said the Chamber Business Expo was a success.
Ziegler said there was a lot of garbage between Taco Bell and Johnson Elementary.
Sapelak said he would have the Ordinance Officer take care of it.
Nader asked about the timber and boulders under Peters Road Bridge. He asked why the soil boring did not discover it.
Shufflebarger said the soil borings were done correctly, but the timber and boulders were not in the area that was tested, but are in an area that interferes with the construction of the coffer dams.
ADJOURN
The meeting was adjourned at 9:00 p.m.
Ann Collins, CMC
Milford Village Clerk | 
