Council Minutes

 

Council Minutes September 2, 2008

 
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, James Kovach, Theresa Rusas, Kevin Ziegler
 
ABSENT
 
Richard Kostin
 
ALSO PRESENT
 
Arthur Shufflebarger, Village Manager; Thomas Connelly, Legal Counsel; Brian Slizewski, Village Engineer, Karen Worrell, Planning Commissioner & ZBA Boardmember
 
President Nader asked for a moment of silence in honor of Thomas Motley.
 
APPROVE CONSENT AGENDA
 
CM-09-151-08 Heer moved, Rusas seconded, to approve the consent agenda of September 2, 2008 as presented. Motion CARRIED
 
Minutes of the Regular Council Meeting of August 18, 2008
 
Minutes of the Special Council Meeting of August 26, 2008
 
Council Approval of Direct Debits Council Approval Payroll 8/5/08
 
Transfers and Disbursements
General

$78,072.31

Major Street Fund

12,335.13

Local Street Fund

8,710.59

Police Fund

105,506.74

Parking Fund

180.00

Downtown Development Authority Fund

6,364.07

Senior Citizens Fund

819.63

Water/Wastewater Fund

34,101.21

Escrow Fund

2,334.44

Total

$248,424.12

                    
APPROVE REGULAR AGENDA
 
CM-09-152-08 Heer moved, Rusas seconded, to approve the September 2, 2008 regular agenda as presented. Motion CARRIED
 
PUBLIC HEARING
 
Consider Establishing Special Assessment District for River Street
 
President Nader turned the meeting over to President Pro Tem Rusas and he left the table.
 
CM-09-153-08 Kovach moved, Glagola seconded, to open the Public Hearing at 7:34 p.m. Motion CARRIED
 
Scott Lewis, 224 W. Huron, Karen Worrell, 250 W. Huron and Thomas and Cynthia Nader, 300 W. Huron were all present.
 
Ron Fowkes, 320 W. Huron, said this issue should have been dealt with two years ago and not come before Council. He said the tax payers should not have to pay for any of the engineering costs. He said Council has received some bad advice. He said the Village Manager should have put his foot down and we should not be spending more money for a curb cut if the S.A.D. is not established. He said this has been handled poorly by both Administration and Council. He said this matter should have gone to the courts.
 
Frank Ellias, 5777 W. Maple Road, W. Bloomfield, attorney for Mr. and Mrs. Nader stated his clients opposed the S.A.D. He said on 5/5/08 he asked Council to reconsider establishing the S.A.D. and their request was denied. He said on 6/16/08 their appraiser said his clients would receive a negative benefit from the S.A.D. He said the Village appraisal reached the same conclusion. He said if the S.A.D. is established his clients would appeal to the tax tribunal, file a suit against the Village to address residential zoning regarding parking spaces, and they object to the 1/3 share to be split between the three parties. He said the other residents will also file appeals. He said the suggestion to move the curb cut is unnecessary and unjustified.
 
There was no further input from the public.
 
CM-09-154-08 Kovach moved, Glagola seconded, to close the Public Hearing at 7:45 p.m. Motion CARRIED
 
NEW BUSINESS
 
Adopt Resolution 08-008 to Establish S.A.D. for River Street Improvements
 
CM-09-155-08 Kovach moved, Ziegler seconded, to reject and discontinue the project. Motion CARRIED
 
CM-09-156-08 Kovach moved, Glagola seconded, to request the manager to remove the existing curb cut and reform it upon the centerline of the River Street right-of-way. Motion CARRIED
 
DISCUSSION
 
Nader asked if it was the intention to only move the curb cut or move the whole drive.
 
Rusas said she would like to see the entire roadway re centered and moved over about ten feet to help relieve the parking issues and the curb cut moved so that the school bus could get in.
 
Nader said the road has been in the same place for decades. He said this discussion should have taken place when his site plan was approved. He said the parking situation was administrations fault. He said he was ordered to reinstall the grass to pre construction conditions, he said he exceeded that. He said he made the road wider. Mr. Ellias said if there was going to be an administrative study it should address the necessity and the cost of making the curb cut. He said they are not clear as to where the road is going to lie. He said if there is a parking problem that is a zoning issue, not an issue for Council. He said this is not a platted street or dedicated road.
 
Nader resumed control of the meeting.
 
Approve Landfill Settlement
 
CM-09-157-08 Kovach moved, Glagola seconded, to approve the agreement and authorize the Council President to sign on behalf of the Village. Motion CARRIED
 
Award Milford Trail Bid
 
CM-09-158-08 Kovach moved, Heer seconded, to postpone awarding the bid. Motion CARRIED
 
DISCUSSION
 
Council discussed a letter from San Marino (on file in Village office) stating they could save the Village money since they were also awarded the Township bid. They asked Administration to contact the six low bidders and ask if they could lower they costs.
 
Designate Voting Delegate and Alternate Delegate to MML Convention
 
CM-09-159-08 Kovach moved, Glagola seconded, to appoint President Nader as the official representative of the Village of Milford at the MML Convention. Motion CARRIED
 
Authorize Ebay Auction of DPS Equipment
 
CM-09-160-08 Rusas moved, Kovach seconded, to authorize DPS to auction off the following pieces of used equipment:
1. 1979 Onan generator.
2. Stone plate compactor.
3. Homelite 3” Trash Pump.
4. 1993 John Deer F911 tractor with mower deck, broom, snow blower, plow, and cab.
5. Sewer TV equipment.
6. 1977 Miller Big 40 Arc Welder.
7. Homelite 1 ˝” Trash pump.
8. Leeboy L250 Liquid Asphalt Distributor.
9. 1995 2500 GMC Pick Up 4x4 W/plow. 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.
 
There was no input from the Public.
 
MANAGER’S REPORT
 
Shufflebarger reported that there had been a traffic accident involving one of our road graders and another vehicle. He said no one was hurt.
 
ADJOURN
 
The meeting was adjourned at 8:25 p.m.
 
Ann Collins, CMC
Milford Village Clerk
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