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, James Kovach, Theresa Rusas, Kevin Ziegler

 

ABSENT Councilmember Richard Kostin

 

ALSO PRESENT Becky Jacques, Treasurer/Finance Director; Ann Barnette, DDA Director; Phyllis Motley, Water Board; Chief Waligora, Milford Fire Dept.; Arthur Shufflebarger, Village Manager; Thomas Connelly, Legal Counsel

 

APPROVE CONSENT AGENDA

 

CM-05-076-09 Heer moved, Rusas seconded, to approve the May 4, 2009 consent agenda as presented. Motion CARRIED.

 

Minutes of the Regular Council Meeting of April 20, 2009

 

Minutes of Budget Session, April 15, 2009

 

Minutes of Budget Session, April 22, 2009

 

Council Approval of Direct Debits  

 

Transfers and Disbursements

General	$ 69,479.49
Major Street Fund	4,910.36
Local Street Fund	2,361.28
Police Fund	5,582.24
Downtown Development Authority	10,787.84
Forfeiture Fund	335.00
Senior Citizens Fund	645.70
Water/Wastewater Fund	45,159.39
Escrow Fund	3,122.87
Total	$142,384.17

APPROVE REGULAR AGENDA

 

CM-05-077-09 Heer moved, Rusas seconded, to approve the May 4, 2009 regular agenda as presented. Motion CARRIED.

 

PRESENTATION

 

Chief Waligora, Milford Fire Department, presented the 2008 Fire Department Annual Report.

 

PUBLIC HEARING

 

Consider 2009/2010 Village Budget

 

CM-05-078-09 Rusas moved, Heer seconded, to open the Public Hearing at 7:42 p.m. Motion CARRIED

 

Ms. Jacques presented a summary of the 2009/2010 proposed Village budget (copy on file in Village office). She reported the 2009/2010 millage rate on taxable value would be 3.4931 mills for general operation and 2.0029 mills for refuse collection. An additional 1.747 mills will be levied in the DDA District.

 

Ms Jacques discussed areas of the budget including SEMCOG’s projected 20% decrease in tax revenue over the next three years and how it affects the budget, specifically funding for refuse collection, Police Dept., and Major and Local roads. She also stated that in order to help with refuse fees Council has the option of restore the millage, setting a special assessment on properties or placing fees on the water bill.

 

It was also announced this evening that the Governor was proposing cuts to statutory revenue sharing, which would decrease the current budget by approximately $20,000.

 

Nader asked if there was anyone who wished to speak or had questions regarding the 2009/2010 Village budget.

 

Larry Hewitt, 883 GM Road, asked how the percentages of funding were disbursed for the Water/Sewer budget. Ms. Jacques stated 20 percent went to the operating costs, 80 percent to capital outlay. Mr. Hewitt also questioned the annual increases in the refuse budget. Ms. Jacques stated these were based on the contract the Village has with the refuse collection company.

 

Mr. Shufflebarger stated there is legislation being considered that would allow yard waste to be disposed in regular landfills, which would mean the Village would not need to have a separate collection for yard waste, possibly reducing costs. There was also discussion on ways to reduce recycling fees.

 

Matt Mazure, 947 Byron, thought there was already a refuse fee on the utility bill. Ms. Jacques stated there is not at this time.

 

CM-05-079-09 Heer moved, Rusas seconded, to close the Public Hearing at 7:57 p.m. Motion CARRIED

 

Consider 2009 Special Parking District Assessment

 

CM-05-080-09 Kovach moved, Glagola seconded, to open the Public Hearing at 7:58 p.m. Motion CARRIED

 

There was no input or discussion.

 

CM-05-081-09 Heer moved, Rusas seconded, to close the Public Hearing at 7:59 p.m. Motion CARRIED

 

NEW BUSINESS

 

Adopt 2009/2010 Village Budget Resolution

 

CM-05-082-09 Heer moved, Rusas seconded, to adopt the 2009/2010 Village budget resolution as presented. Motion CARRIED.

 

 

Whereas, pursuant to MCLA 141.412 and .413, notice of a public hearing on the proposed budget was published in a newspaper of general circulation on April 2, 2009, and a public hearing on the proposed budget was held on May 4, 2009, and

 

Whereas, the Milford Village Council shall cause to be levied and collected the general property tax on all real and personal property within the Village on the 2009 tax roll an allocated millage of 3.4931 mills for general operations; and 2.0029 mills for refuse collection, and

 

Whereas, the Milford Village Council shall cause to be levied and collected the Downtown Development Authority (DDA) property tax on all real and personal property within the DDA district on the 2009 tax roll an allocated millage of 1.747 mills,

 

Therefore, be it resolved that the Milford Village Council does hereby appropriate the following amount for expenditures for the 2008-2009 fiscal year

 

GENERAL FUND

 

Legislative	$7,750	Major Street Fund	$313,325
Manager	$118,650
Elections	$3,160	Local Street Fund	$308,450
Attorney	$36,000
Civic Center	$74,425	Police Department Fund	$3,252,000
Clerk	$88,325
Treasurer	$84,075	Parking Fund	$86,475
Information Technology	$92,965
Building Department	$121,500	Brownfield Fund	$741
Ordinance Enforcement	$22,925
Department of Public Services	$265,725	Downtown Development Authority	$577,850
Street Lighting	$52,000
Landfill	$65,000	Retiree Health Care Fund	$104,925
Refuse Collection	$536,775
Fleet Maintenance	$179,950	Forfeiture Fund	$1,000
Parks and Recreation	$144,900
Beautification Commission	$0	Transportation	$109,900
Planning Commission	$56,425
Zoning Board of Appeals	$24,350	Water/Wastewater Fund	$2,138,550
General Administration	$106,685
Community Development Block Grant	$17,278
Transfer to Other Funds	$284,775
Debt	$17,973
TOTAL GENERAL FUND	$2,401,611	GRAND TOTAL ALL FUNDS	$9,294,827

 

 

Be it further resolved, that the source of revenue for each fund is estimated as follows.

 

SOURCE	GENERAL	MAJOR	LOCAL
Property Taxes	$1,378,775	$0	$0
State Shared Revenue	$536,725	$244,000	$115,000
Other Revenue	$37,678	$0	$0
Licenses & Permits	$75,000	$0	$0
Interest	$26,000	$0	$0
Fees/Charges for Services	$306,800	$0	$0
Fines & Forfeitures	$7,000	$0	$0
Grants	$17,278	$0	$0
Operating Transfers In	$0	$69,325	$193,450
Appropriation Fund Balance	$16,355	$0	$0
TOTAL REVENUE	$2,401,611	$313,325	$308,450

                         

		RETIREE	RWP/
SOURCE	FORFEITURE	HEALTH CARE	SENIOR TRANSPORT	WATER/ SEWER
Property Taxes	$0	$0	$0	$0
State Shared Revenue	$0	$0	$54,843	$4,000
Other Revenue	$0	$0	$31,757	$34,400
Licenses & Permits	$0	$0	$0	$0
Interest	$0	$0	$300	$24,800
Fees/Charges for Services	$0	$0	$13,000	$1,867,350
Fines & Forfeitures	$1,000	$0	$0	$0
Grants	$0	$0	$0	$0
Operating Transfers In	$0	$104,925	$0	$0
Appropriation Fund Balance	$0	$0	$10,000	$208,000
TOTAL REVENUE	$1,000	$104,925	$109,900	$2,138,550
SOURCE	POLICE	PARKING	DDA	BROWNFIELD
Property Taxes	$0	$27,275	$501,000	$741
State Shared Revenue	$6,600	$0	$0	$0
Other Revenue	$23,000	$0	$40,000	0$
Licenses & Permits	$0	$0	$0	$0
Interest	$42,000	$750	$5,000	$0
Fees/Charges for Services	$3,049,900	$35,000	$0	$0
Fines & Forfeitures		$0	$0	$0
Grants	$0	$0	$0	$0
Operating Transfers In	$0	$0	$0	$0
Appropriation Fund Balance	$130,500	$23,450	$31,850	$0
TOTAL	$3,252,000	$86,475	$577,850	$741
REVENUE

Establish 2009 Special Parking District Assessment

 

CM-05-083-09 Kovach moved, Glagola seconded, to establish the 2009 Parking District Special Assessment (on file in Village office), amending the special assessment roll for parcel number 16-11-104-019 to reflect a total of 2,856 square feet of occupied office space for a total assessment of $178.50, bringing the total 2009 Parking District special assessment to $27,962.00. Motion CARRIED.

 

Recognize Non-Profit Organization, Baker Elementary Parent Teacher Organization

 

CM-05-084-09 Rusas moved, Heer seconded, to recognize Baker Elementary Parent Teacher Organization as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license. Motion CARRIED.

 

Recognize Non-Profit Organization, Ride with Pride

 

CM-05-085-09 Rusas moved, Heer seconded, to recognize Ride with Pride as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license. Motion CARRIED.

 

Adopt Resolution 09-004, West Nile Virus

 

CM-05-086-09 Rusas moved, Kovach seconded, to adopt resolution 09-004, authorizing the West Nile Virus Fund expense reimbursement request. Motion CARRIED.

 

     WHEREAS, upon recommendation of the Oakland County Executive, the Oakland County Board of Commissioners has established a West Nile Virus Fund Program to assist cities, villages and townships in addressing mosquito control activities; and

     WHEREAS, Oakland County’s West Nile Virus Fund Program authorizes Oakland County cities, villages, and townships to apply for reimbursement of eligible expenses incurred in connection with personal mosquito protection measures/activity, mosquito habitat eradication, mosquito larviciding or focused adult mosquito insecticide spraying in designated community green areas; and

     WHEREAS, the Village of Milford, Oakland County, Michigan has incurred expenses in connection with mosquito control activities believed to be eligible for reimbursement under Oakland County’s West Nile Virus Fund Program. 

     NOW THEREFORE, BE IT RESOLVED that this Council authorizes and directs its Treasurer, as agent for the Village of Milford, in the manner and to the extent provided under Oakland County Board of Commissioner Miscellaneous Resolution 03060, to request reimbursement of eligible mosquito control activity under Oakland County’s West Nile Virus Fund Program.

 

Adopt Resolution of Intent to Vacate and Set Public Hearing

 

Nader questioned wording of the resolution, specifically the “health, welfare, comfort and safety of the people” portion. Mr. Connelly stated the language is suggested by Statute and that all requirements should be met.

 

CM-05-087-09 Rusas moved, Kovach seconded to adopt resolution of intent to vacate and set the Public Hearing for June 1, 2009. Motion CARRIED.

 

     WHEREAS, the Village of Milford has received a Petition for Vacation of a portion of River St. located in Mead’s Addition within the Village of Milford, and;

 

     WHEREAS, it is necessary for the Village Council, if it desires to go forward with the vacation procedure, to declare its intent to vacate a portion of the mentioned roadway, and;

 

     WHEREAS, Michigan Statutes decree that the matter of vacation under consideration shall be taken up by the Village Council no sooner than four (4) weeks after the date of the passage of Council’s Resolution of Intent to Vacate,

 

     NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Village Council has determined that it is necessary for the health, welfare, comfort, and safety of the people of the Village of Milford to discontinue that portion of River St. which will hereinafter be described.

 

2. The matter of vacation will be scheduled for the Regular Village Council Meeting of June 1, 2009.

 

3. Notice of the meeting of June 1, 2009, along with a copy of this Resolution, shall be given in the manner prescribed by the Open Meetings Act, Act No. 267 ,of the Public Acts of 1976, as amended, being Sections 15.261 to 15.275 of the Michigan Compiled Laws.

 

4. Should an objection to the proposed action of the Village Council be filed with the Clerk in writing, and if such an objection is filed, it is hereby stated that the hereinafter described portion of River St. shall not be vacated or discontinued except by a vote of two-thirds (2/3) of the members of the Village of Council.

 

5. The area of the proposed vacation of River St. is described as follows:

 

Lands located within the Village of Milford, Oakland County, and State of Michigan, described as follows:

 

A proposed River Street Right of Way Vacation description, being part of the S.E. 1/4 of Section 10, T.2N., R.7E., Village of Milford, Oakland County, Michigan being more particularly described as Commencing at the S.W. Corner of Lot 7 of "Mead's Addition", as recorded in Liber 2, Page 23 of Plats, Oakland County Records; thence N. 00 deg 08 min 44 sec E. 66.01 ft. to the N.W. corner of said Lot 7 and the POINT OF BEGINNING of proposed legal description; thence continuing N. 00 deg 08 min 44 sec E. 20.00 ft.; thence N. 74 deg 41 min 57 sec E. 68.28 ft.; thence S. 00 deg 06 min 44 sec W. 5.00 ft. to the N.E. corner of said Lot 7; thence S. 63 deg 23 min 15 sec W., along the North line of said Lot 7, 73.71 ft. to the N.W. corner of said Lot 7 and the POINT OF BEGINNING of proposed legal description, containing 823 sf.

 

Consider Road Maintenance Millage Proposal

 

CM-05-088-09 Rusas moved, Heer seconded, to direct the creation of ballot language for approval of 0.5 mills to be approved for five years for maintenance of major and local roads to be presented on the September Village ballot. Motion CARRIED.

 

Mr. Shufflebarger stated the language could be introduced at the May 18 meeting, then tabled for 30 days, with a Special Meeting held in June for the Public Hearing. This is considered a Charter amendment.

 

CALL TO THE PUBLIC

 

Nader asked if there was anyone who wished to address Council on an item that was not on the agenda. Ms. Betzler, 930 Canal, spoke to Council on behalf of her father (letter provided). Their concern was the condition of Canal Street and the excessive pot holes. Mr. Shufflebarger stated he was aware of the condition of the road and its need of repair.

 

MANAGERS REPORT No comment.

 

ADJOURN The meeting was adjourned at 8:10 p.m.

 

Deborah S. Frazer, Clerk

Village of Milford