Council Minutes

 

Regular Council Meeting, 7/06/09

 
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, Richard Kostin, James Kovach (7:40), Theresa Rusas, Kevin Ziegler
 
ABSENT Councilmember Elizabeth Heer
 
ALSO PRESENT Don Green, Milford Township Supervisor; Phyllis Motley, Water Board; John Heidt, Stan Zasuwa and Karen Worrell, P.C.; Michael Borg, ZBA; Arthur Shufflebarger, Village Manager; Tom Connelly, Legal Counsel
 
APPROVE CONSENT AGENDA
 
CM-07-111-09 Rusas moved, Glagola seconded, to approve the July 6, 2009, consent agenda moving Sewer Use Request to New Business. Motion CARRIED.
 
Minutes of the Regular Council Meeting of June 15, 2009
 
Minutes of the Special Council Meeting of June 22, 2009
 
Council Approval of Direct Debits
 
Council Approval of Payroll 06/23/09
 
Transfers and Disbursements
General

$ 142,562.44

Major Street Fund

10,936.61

Local Street Fund

1,510.62

Police Fund

99,186.10

Parking Fund

1,305.42

Downtown Development Authority

13,840.87

Senior Citizens Fund

2,283.77

Water/Wastewater Fund

70,864.13

Escrow Fund

20,631.69

Total

$363,121.65

 
APPROVE REGULAR AGENDA
 
CM-07-112-09 Kostin moved, Rusas seconded, to approve the July 6, 2009, regular agenda with Sewer Use Request moved to New Business. Motion CARRIED.
 
NEW BUSINESS
 
Adopt Resolution of Appreciation, 09-008, Stan Zasuwa
 
Rusas read the following resolution into the record:
 
     WHEREAS Stanley Zasuwa, has served the Village of Milford Planning Commission since January of 1994;
     WHEREAS, during his tenure Stanley Zasuwa served on numerous Ad hoc committees; participated in Zoning Ordinance and Master Plan revisions and updates; and
     WHEREAS, Stanley Zasuwa has always taken his responsibilities seriously and provided excellent leadership and professionalism in the performance of his duty as Planning Commissioner, and has generously given his time and commitment to the Village of Milford; and 
     THEREFORE, BE IT RESOLVED that at their Regular Meeting on July 6, 2009, the Milford Village Council extends their appreciation to Stanley Zasuwa for his many years of service to his community and to the Village of Milford.
 
Stan Zasuwa was present to accept the resolution. He thanked Council.
 
Sewer Use Request – Fire Station, W. Huron, 3.6316 taps – Balance 104.4174 taps
 
Don Green, Milford Township Supervisor, asked Council to waive the tap fees as this was a community project and the costs are born by the residents of the community. He further stated that there will not be any increases in usage, people staying in the building, or any other functions. Mr. Green stated that the Fire Dept. is currently paying for usage of approximately 120,000 gal. per year, equivalent to a one family residence.
 
Mr. Shufflebarger stated historically tap requests are not waived citing the most recent example of the Library being required to pay for taps.
 
Glagola stated the purpose of enlarging the Fire Station was for truck space.
 
Rusas stated the Village’s water rates were just raised and she couldn’t see waiving a $25,000 fee. If the fee is not waived, then the fees are distributed to Township and Village residents equally, rather than the Village residents shouldering the expense.
 
Mr. Shufflebarger explained that water usage is payment toward operations and the taps fees are put toward capital.
 
Deferment of payment was also suggested, waiting six months to see if water usage increased.
 
CM-07-113-09 Rusas moved, Kovach seconded, to approve sewer use request for 3.6316 taps with a balance of 104.4174 taps as proposed. Motion CARRIED.
 
Adopt Resolution Recognizing Non-Profit Organization, Five Points of Hope
 
Tom Welsh, 438 Pondview Lane, was available to answer questions.
 
CM-07-114-09 Rusas moved, Kovach seconded, to approve status of Five Points of Hope as a non-profit organization. Motion CARRIED.
 
Approve Application for Temporary Outdoor Service during Milford Memories, Mainstreet Grill & Tavern, 327 N. Main St.
 
CM-07-115-09 Kostin moved, Kovach seconded, to approve outdoor alcohol sales for WR Haas & Associates, LLC Mainstreet Grill and Tavern, 327 N. Main for August 7, 8 & 9, 2009. Subject to LCC conditions and any approvals and additional direction by 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.
 
2009 Boards and Commissions Reappointments/Appointments
 
CM-07-116-09 Kovach moved, Rusas seconded, to approve reappointments to the Zoning Board of Appeals, Downtown Development Authority, Beautification Commission, Brownfield Development Authority and Parks and Recreation Commission as recommended:
 
ZBA (3 yr. terms) BC (3 yrs. terms)
Daniel Hawley Lorenza Mueller-Hindle
Mike Palazzolo
BRA (3 yr. terms)
DDA (4 yr. terms) Dale Feigley
Dale Feigley Richard Lippitt
Jeffrey Heyn Thomas Niebauer
Eric Nichols
Karen Dierkes P & R (3 yr. terms)
Kim Rivera
Dean Porter
Michael Allen
                   
Motion CARRIED.
 
Michael Borg, Zoning Board Appeal and John Heidt, Chairman, Planning Commission, stated their support for Karen Worrell and felt she was vital to the Boards.
 
Darien Worrell, 250 W. Huron, wanted to know why Karen Worrell was not being recommended for reappointment.
 
President Nader stated the reason he didn’t recommend reappointment was he felt 30 years on the Planning Commission was a long time, and other individuals were waiting to get on the Commission. This would give other individuals an opportunity to serve the Village.
 
CM-7-117-09 Kostin moved, Kovach seconded to approve the reappointments and appointments as recommended with the exception of the discontinuance of Karen Worrell. Motion CARRIED.
 
PC (3 yr. terms)
Katherine Amerman
Gary Goodenow
aren Worrell
Larry Keef
Dave Ebert
Timothy Juidici
 
Engineering Request for Proposals Review Committee
 
Councilmembers Kostin and Rusas volunteered to be the proposal review committee for the Engineering Services on the CDBG-R project. Mr. Shufflebarger stated the committee would meet July 22 or 23.
 
Approve Contract with BCI for Professional Services
 
Mark Sweatman, BCI, gave Council a brief presentation on the groundwater data study.
 
CM-07-118-09 Kovach moved, Rusas seconded to approve up to $3,500 Village participation in BCI proposed updating of groundwater data study, contingent upon State of Michigan approval of matching funds. Motion CARRIED.
 
Approve Funding of Sanitary Sewer Project
 
Mr. Shufflebarger was recommending to Council that the additional repair for the sanitary sewer system (Phase III), beyond the CDBG-R project (Phase II), be pursued and asked for approval of a four year installment purchase agreement in the amount of up to $254,000 to fund this. He stated combining the projects simplifies the bid process and preparation.
 
Mr. Shufflebarger stated there are nineteen repairs associated with the CDBG-R application. Nine of these repairs are under consideration for being disallowed under the program because of boundary issues. The $254,000 would cover Phase III and also the nine repairs should they be excluded from the CDBG-R project by HUD.
 
Council wanted to be sure the Village could go forward on the project without a final decision on the nine repairs, and still get the CDBG funding. Mr. Shufflebarger stated we would be sure of that before entering into the contract.
 
CM-07-119-09 Rusas moved, Kovach seconded to approve a maximum of $254,000 to be financed through a four-year installment purchase agreement for completion of the remaining sanitary sewer system repairs in addition to those funded through the CDBG – R allocation. Funding will be made through wastewater treatment debt currently levied on the quarterly water/wastewater bills. Motion CARRIED.
 
MML Workers Compensation Fund Board of Trustees Election
 
CM-07-120-09 Kovach moved, Kostin seconded, to re-elect incumbent MML Workers’ Compensation Fund Trustee Larry Nielsen as recommended by the Nominating Committee. 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. Phil Harris, 169 Marlene, stated his wife had fallen on a sidewalk on January 8, 2009 breaking her arm. He filed a report with the Village and was told the Village would not pay his insurance bills, however his co-pay would be paid by the Village’s insurance company. Mr. Harris stated the sidewalk was not clear after 3 days of accumulation and the sidewalk was misaligned.
 
Mr. Harris also stated to Council he is getting damage in his yard from run-off water coming through the wall from an adjacent. He wanted to know how this can get fixed.
 
Mr. Shufflebarger stated the drain in the adjacent parking lot was originally considered the origin of the problem; however it turned out not being the drain but the crack in the wall. He thought work had been done to correct this problem. He stated he was not aware there continued to be a problem and that he would look into the matter.
 
Mr. Harris stated the crack was fixed for a short period of time; however he is getting water again.
 
Mr. Shufflebarger stated he was aware of the sidewalk incident, and that the ordinance states a 48 hour period for sidewalks to be cleared. In this case, the sidewalk had been cleared within this timeframe and there was not a violation. The sidewalk can be added to the list to be checked for misalignment.
 
Ann Collins, 655 Hilldale Circle, (former Clerk) clarified that she stated she would submit his co-pay to the Village insurance company, but did not promise that payment would be made.
 
Mr. Harris was told he should submit the bill to the Clerk.
 
Darien Worrell, 250 W. Huron, stated he was dissatisfied that his neighbor removed, from the Village right-of-way, two 60 foot hardwood trees three summers ago and recently replaced them with two much smaller fruit trees.
 
Mr. Shufflebarger stated that Mr. Calley, DPS Director, worked with the homeowner to identify the replacement trees and they were approved by Mr. Calley.
 
MANAGERS REPORT
 
Transportation Program
 
The Ride with Pride program is having financial difficulty and the directors have initiated some changes in an attempt to save money and the program.
 
Discuss Participation in Southeast Michigan Regional Energy Office
 
Mr. Shufflebarger discussed the use of the Energy Efficiency and Conservation Block Grant (EECBG) program. The SMREO would assist in the application process for this grant. He also attended a meeting with a similar group, Green Team Coalition, which is a private company. The Village is a community less than 35,000 in population, so the application would be competitive. This would allow the Village to pursue funding to accomplish things such as energy efficient lighting, building insulation, heating and cooling. Mr. Shufflebarger plans to invite a representative to address Council at a future Council meeting.
 
COUNCILMEMBER REMARKS
 
Kovach stated he and Ziegler attended the meeting identifying potential Skate Park locations.
 
Ziegler commented on a memo from the Parks and Recreation Commission regarding erosion and geese along the Central Park rivers edge. Mr. Shufflebarger stated the funding for the plantings had been cut from the budget.
 
ADJOURN
 
The meeting was adjourned at 8:50 p.m.
 
Deborah S. Frazer, Clerk
Village of Milford
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