Council Minutes

 

Regular Council Minutes January 20, 2009

 
REGULAR COUNCIL MEETING
 
MILFORD CIVIC CENTER
 
President Nader called the meeting to order in the Milford Civic Center at 7:32 p.m. President Nader led the Pledge of Allegiance.
 
PRESENT
 
President Thomas Nader; Councilmembers Michael Glagola, Elizabeth Heer, Richard Kostin, James Kovach (7:36), Theresa Rusas, Kevin Ziegler
 
ALSO PRESENT
 
Arthur Shufflebarger, Village Manager; Thomas Connelly, Legal Counsel; Phyllis Motley, Water Boardmember; Nancy Scott, Deputy Clerk; Becky Jacques, Finance Director/Village Treasurer
 
APPROVE CONSENT AGENDA
 
CM-01-008-09 Heer moved, Rusas seconded, to approve the January 20, 2009 consent agenda as presented. Motion CARRIED
 
Minutes of the Regular Council Meeting of January 5, 2009
 
Council Approval of Direct Debits
 
Council Approval Payroll 1/6/09
 
Donations
 
Transfers and Disbursements
General

$68,752.67

Major Street Fund

3,812.08

Local Street Fund

2,355.02

Police Fund

11,063.81

Parking Fund

310.41

Downtown Development Authority Fund

125.00

Senior Citizens Fund

492.74

Water/Wastewater Fund

30,961.23

Escrow Fund

3,431.11

Total

$121,304.07

APPROVE REGULAR AGENDA
 
CM-01-009-09 Heer moved, Rusas seconded, to approve the January 20, 2009 regular agenda as presented. Motion CARRIED
 
PUBLIC HEARING
 
Consider Changes to Village Election Schedule
 
CM-01-010-09 Heer moved, Rusas seconded, to open the Public Hearing at 7:31 p.m. Motion CARRIED
 
Shufflebarger provided a memo (on file in Village office) that explained the process and stated there would be a small cost savings for the Village. He said with the retirement of the current clerk, the timing was right to make this change to have the Township hold future Village elections. He said Township Clerk Schwartz stated she would run this last September 15th Village general election. There will be a charge for this election as it will not be part of a regular even-year November election as would be the case if Council decides to change our schedule.
 
There was no input from the public.
 
CM-01-011-09 Kostin moved, Glagola seconded, to close the Public Hearing at 7:36 p.m. Motion CARRIED
 
NEW BUSINESS
 
Adopt New Village Election Schedule
 
CM-01-012-09 Heer moved, Kostin seconded, to adopt the following: WHEREAS, on December 15, 2008, the Milford Village Council resolved to hold a public hearing, at the Village Council’s January 20, 2009 regular meeting, on the issue of whether to schedule the Village’s regular municipal election to be held at the even-year November general election date, following the up coming September 2009 Village election and to restructure Councilmember terms as a result of changing from odd to even year elections. Said resolution further directed the Village Clerk to give notice of the public hearing in accordance with MCL 168.642; and
WHEREAS, pursuant to such notice (copy attached hereto), the Village Council has held a public hearing at this January 20, 2009 regular meeting. THEREFORE, BE IT RESOLVED that at their Regular Meeting on January 20, 2009, the Village of Milford Council adopted this resolution and commencing in 2010 and continuing thereafter, the Village of Milford regular municipal election will be held at the even-year November general election date, following the up coming September 2009 Village election. Councilmember terms will be extended an additional fourteen months for current terms expiring in 2009 and 2011. Thereafter, Council President term will return to a two-year term and Councilmember terms will return to a four-your term. In accordance with state law, the Village Clerk shall certify and transmit to the Secretary of State a copy of this resolution. Motion CARRIED
 
CM-01-013-09 Rusas moved, Kovach seconded, to approve the following: 1. Approve the agreement with the Milford Township Clerk to provide election services for the Village in the future.
2. Direct that the Village Clerk job description not include responsibility for elections.
3. Approve a salary range for the newly defined clerk position of between $43,000 and $48,000 per year. Motion CARRIED
 
Adopt 2008/2009 Mid-Year Budget Amendment
 
CM-01-014-09 Kostin moved, Glagola seconded, to adopt the 2008/2009 Mid-Year Budget Amendment as presented (on file in Village office).  Motion CARRIED
 
Adopt MERS Retiree Health Funding Vehicle Uniform Resolution 01-001
 
CM-01-015-09 Kostin moved, Rusas seconded, to adopt Resolution 01-001 (copy in Village Office) the Municipal Employees’ Retirement System Retiree Health Funding Vehicle Uniform Resolution. Motion CARRIED
 
Approve Ride With Pride By-Laws
 
CM-01-016-09 Kostin moved, Glagola seconded, to approve the Ride With Pride By-Laws as provided (copy in Village office). Motion CARRIED
 
Accept Bid for Village Office Cleaning
 
CM-01-017-09 Kostin moved, Heer seconded, to accept the bid from Champion Cleaning in the amount of $5,980 per year to clean the Village offices. Motion CARRIED
 
Adopt Ord. Amendment 231-132, Sec. 82-31, Prohibition on Use of Groundwater
 
CM-01-018-09 Rusas moved, Kovach seconded, to adopt ordinance amendment 231-132 an ordinance to amend Article II of Division I being Section 82-31 of the Code of Ordinances of the Village of Milford dealing with water use within the Village of Milford. Motion CARRIED
 
Adopt Ord. Amendment 231-133, Sec. 94-2, Definitions
 
CM-01-019-09 Kostin moved, Rusas seconded, to adopt ordinance amendment 231-133 an ordinance to amend Section 94-2 of the Code of Ordinances of the Village of Milford by adopting definitions concerning fences and vehicles within the Village of Milford. Motion CARRIED
 
Adopt Ord. Amendment 231-135, Sec. 94-354, Fences
 
CM-01-020-09 Glagola moved, Kostin seconded, to adopt ordinance amendment 231-135 an ordinance to amend Section 94-354, Fences, of the Code of Ordinances of the Village of Milford. Motion CARRIED
 
Adopt Ord. Amendment 231-136, Sec. 94-386, Period of Completion
 
CM-01-021-09 Rusas moved, Glagola seconded, to adopt ordinance amendment 231-135 an ordinance to amend Sections 94-386 i and j of Article XIII, review and approval procedure, of the Code of Ordinances of the Village of Milford, said amendments dealing with review and approval of site plans. Motion CARRIED
 
Adopt Zoning Interpretation Fee
 
CM-01-022-09 Rusas moved, Kovach seconded, to adopt by resolution, as Council is given the power per Sec. 94-424, to establish a $200 fee for any interpretation sought by any group or individual appearing before the ZBA regarding interpretation of the Village of Milford Zoning Ordinances. Motion CARRIED
 
Approve Gravity Request for Outdoor Liquor Sales for Sidewalk Sales and Milford Memories 2009
 
CM-01-023-09 Heer moved, Kovach seconded, to approve outdoor alcohol sales for Questventures, Ltd. Gravity Bar & Grill, 340 N. Main for July 10, 11 & 12, 2009 and August 7,8 & 9, 2009. Subject to LLC conditions and any approvals and additional direction by the MBA and the Milford Memories Committee. A certificate of insurance must be provided to the Village Clerk listing the Village of Milford as additional insured. Motion CARRIED
 
Accept Bid for Emergency Stand-by Generation Equipment
 
CM-01-024-09 Kostin moved, Glagola seconded, to accept the bid from PM Technologies for the purchase of a 250kW generator with an 800 amp automatic transfer switch in the amount of $58,802.76. The funds are available in our water capital budget. Motion CARRIED
 
Set Special Meeting to Interview Clerk Candidate
 
CM-01-025-09 Kostin moved, Heer seconded, to set a Special Council Meeting for 1/26/09 at 7:30 p.m. for the purpose of interviewing Village Clerk candidate. 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.
 
Larry Hewitt, 883 General Motors and Alan and Judy Paul, 778 Byron Court asked Council to repeal Sec. 94-344. Mr. Hewitt said Planning Commission will recommend another amendment and then the ordinance can be enforced. He said now people who are not in compliance need relief. He said we should not have an ordinance that we are not enforcing. Mrs. Paul asked what the time table would be for the amendment to come back to Council.
 
Shufflebarger said perhaps in March.
 
Edith Nader, 434 W. Huron, stated there was a safety issue in regards to the sidewalk at 508 W. Huron not being shoveled. Shufflebarger said we will let our ordinance officer know.
 
Phyllis Motley, 273 Noble, thanked the DPS for the great job they have been doing regarding clearing the snow.
 
Jerry Aubry, 425 S. Main, asked who he should call regarding cars parked in the street over night.
 
Shufflebarger said he should contact the ordinance officer.
 
There was no further input from the Public.
 
MANAGER’S REPORT
 
Shufflebarger reminded everyone of the joint Master Plan public hearing on 1/29/09.
 
ADJOURN The meeting was adjourned at 8:12 p.m.
 
Ann Collins, MMC
Milford Village Clerk
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