REGULAR COUNCIL MEETING
MILFORD CIVIC CENTER
President Rusas called the meeting to order in the Milford Civic Center at 7:30 p.m. President Rusas led the Pledge of Allegiance.
PRESENT President Theresa Rusas, Councilmembers Jerry Aubry, Jennifer Frankford, Michael Glagola, Elizabeth Heer (8:10), James Kovach and Kevin Ziegler
ALSO PRESENT Becky Jacques, Village Treasurer; Ann Barnette. DDA Director; Tom Connelly, Legal Counsel; Arthur Shufflebarger, Village Manager
APPROVE CONSENT AGENDA
CM-12-192-09 Glagola moved, Kovach seconded, to approve the December 7, 2009, consent agenda. Motion CARRIED.
Council Approval Direct Debits
Council Approval Payroll 11/13/2009
Council Approval Payroll 11/24/09
Transfers and Disbursements
|Major Street Fund
|Local Street Fund
|Downtown Development Authority
APPROVE REGULAR AGENDA
CM-12-193-09 Kovach moved, Glagola seconded, to approve the December 7, 2009, agenda as presented. Motion CARRIED.
Kathleen Lomako, Deputy Executive Director of SEMCOG and Amy Malmer, Membership Manager, were present to speak to Council. They briefed Council on SEMCOG’s purpose and the services they offer.
Approve Capital Improvements Bond Notice of Intent
Mr. Shuffflebarger stated Administration has been working on the budget and possible changes with the upcoming revenue decreases. He informed Council there were several projects that needed to be taken care of, but short term financing was not possible. A list was provided to Council of the projects that would need to be addressed in the near future, with an estimated cost of $1.4 million.
Mr. Shufflebarger was recommending the projects be combined and pay for them through a Capital Improvements Bond.
Rusas confirmed that the budget would not be able to handle these needed projects and hoped Council would approve the bond recommendation.
CM-12-194-09 Glagola moved, Ziegler seconded to adopt the Notice of Intent Resolution for a Capital Improvement Bond with maximum amount of $1.4Million. Motion CARRIED.
NOTICE OF INTENT RESOLUTION
2010 CAPITAL IMPROVEMENT BONDS ___________________________________
VILLAGE OF MILFORD
County of Oakland, State of Michigan ___________________________________
Minutes of a regular meeting of the Village Council of the Village of Milford, County of Oakland, State of Michigan, held on the 7th day of December, 2009, at 7:30 p.m., Eastern Standard Time.
PRESENT: Members __________________________________________________________ ___________________________________________________________ ABSENT: Members __________________________________________________________
The following preamble and resolution were offered by Member: ______________ and supported by Member: ____________________:
WHEREAS, the Village of Milford, County of Oakland, State of Michigan (the “Village”) intends to issue general obligation limited tax bonds pursuant to Act 34, Public Acts of Michigan, 2001, as amended (“Act 34”), in an aggregate principal amount of not to exceed One Million Four Hundred Thousand Dollars ($1,400,000) (the “Bonds”), in one or more series, to pay part of the cost of the following improvements: 1) acquiring, constructing, furnishing and equipping water supply system improvements, including replacement of a water well, together with all appurtenances and attachments; 2) acquiring, constructing, furnishing and equipping sanitary sewage disposal system improvements, including sewer main lining and treatment plant upgrades, together with all appurtenances and attachments; 3) acquiring Department of Public Services equipment; and 4) acquiring land for public purposes (together, the “Projects”); and
WHEREAS, a notice of intent to issue the Bonds must be published before the issuance of the Bonds in order to comply with the requirements of Section 517 of Act 34; and
WHEREAS, the Village intends at this time to state its intentions to be reimbursed from proceeds of the Bonds for any expenditures undertaken by the Village for the Projects prior to issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Village Clerk is authorized and directed to publish a notice of intent to issue bonds in the Milford Times, a newspaper of general circulation in the Village.
2. The notice of intent shall be published as a display advertisement not less than one-quarter (1/4) page in size in substantially the form attached to this resolution as Exhibit A.
3. The Village Council does hereby determine that the foregoing form of Notice of Intent to Issue Bonds and the manner of publication directed is the method best calculated to give notice to the Village’s electors and taxpayers residing in the boundaries of the Village of the Village’s intent to issue the Bonds, the maximum amount of the Bonds, the purpose of the Bonds, the source of payment for the Bonds and the right of referendum relating thereto, and the newspaper named for publication is hereby determined to reach the largest number of persons to whom the notice is directed.
4. The Village makes the following declarations for the purpose of complying with the reimbursement rules of Treas. Reg. § 1.150-2 pursuant to the Internal Revenue Code of 1986, as amended:
(a) As of the date hereof, the Village reasonably expects to reimburse itself for the expenditures described in (b) below with proceeds of debt to be incurred by the Village.
(b) The expenditures described in this paragraph (b) are for the costs of acquiring the Projects which were paid or will be paid subsequent to sixty (60) days prior to the date hereof from the available funds of the Village.
(c) The maximum principal amount of debt expected to be issued for the Projects, including issuance costs, is $1,400,000.
(d) A reimbursement allocation of the expenditures described in (b) above with the proceeds of the borrowing described herein will occur not later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date the related Project are placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid. A reimbursement allocation is an allocation in writing that evidences the Village’s use of the proceeds of the debt to be issued for the Projects to reimburse the Village for a capital expenditure made pursuant to this resolution.
(e) The expenditures described in (b) above are “capital expenditures” as defined in Treas. Reg. § 1.150-1(b), which are any costs of a type which are properly chargeable to a capital account (or would be so chargeable with a proper election or with the application of the definition of placed in service under Treas. Reg. § 1.150-2(c)) under general Federal income tax principles (as determined at the time the expenditure is paid).
(f) No proceeds of the borrowing paid to the Village in reimbursement pursuant to this resolution will be used in a manner described in Treas. Reg. § 1.150-2(h) with respect to abusive uses of such proceeds, including, but not limited to, using funds corresponding to the proceeds of the borrowing in a manner that results in the creation of replacement proceeds (within Treas. Reg. § 1.148-1) within one year of the reimbursement allocation described in (d) above.
5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.
RESOLUTION DECLARED ADOPTED.
________________________________ Village Clerk
I hereby certify that the attached is a true and complete copy of a resolution adopted by the Village Council of the Village of Milford, County of Oakland, State of Michigan, at a special meeting held on the 7th day of December, 2009, and that public notice of said meeting was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan, 1976 and that minutes of the meeting were kept and will be or have been made available as required by said Act.
________________________________ Village Clerk
NOTICE TO TAXPAYERS AND ELECTORS
OF THE VILLAGE OF MILFORD
OF INTENT TO ISSUE BONDS
AND THE RIGHT OF REFERENDUM RELATING THERETO
PLEASE TAKE NOTICE that the Village of Milford, County of Oakland, State of Michigan (the “Village”), intends to issue and sell its general obligation limited tax bonds pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in an aggregate principal amount of not to exceed One Million Four Hundred Thousand Dollars ($1,400,000), in one or more series, to pay part of the cost of the following improvements: 1) acquiring, constructing, furnishing and equipping water supply system improvements, including replacement of a water well, together with all appurtenances and attachments; 2) acquiring, constructing, furnishing and equipping sanitary sewage disposal system improvements, including sewer main lining and treatment plant upgrades, together with all appurtenances and attachments; 3) acquiring Department of Public Services equipment; and 4) acquiring land for public purposes.
SOURCE OF PAYMENT OF BONDS
THE PRINCIPAL OF AND INTEREST ON SAID BONDS SHALL BE PAYABLE from the general funds of the Village lawfully available for such purposes including property taxes levied within applicable constitutional, statutory and charter tax rate limitations.
SAID BONDS will be payable in annual installments not to exceed twenty (20) in number and will bear interest at the rate or rates to be determined at a public or private sale but in no event to exceed the maximum rate permitted by law on the balance of the bonds from time to time remaining unpaid.
RIGHT OF REFERENDUM
THE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS UNLESS A PETITION REQUESTING SUCH A VOTE SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS RESIDING WITHIN THE BOUNDARIES OF THE VILLAGE IS FILED WITH THE VILLAGE CLERK WITHIN FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE. IF SUCH PETITION IS FILED, THE BONDS MAY NOT BE ISSUED WITHOUT AN APPROVING VOTE OF A MAJORITY OF THE QUALIFIED ELECTORS RESIDING WITHIN THE BOUNDARIES OF THE VILLAGE VOTING THEREON.
THIS NOTICE is given pursuant to the requirements of Section 517, Act 34, Public Acts of Michigan, 2001, as amended.
Deborah S. Frazer
Village Clerk, Village of Milford
Approve Sewer and Water Rate Study
Mr. Shufflebarger stated a study has not been done in approximately twenty years and felt with the upcoming contract renewal with Camp Dearborn, a new study was warranted.
CM-12-195-09 Glagola moved, Ziegler seconded to approve proposal of Bendzinski and Company to perform a water and sewer rate study for $8,437.50. Motion CARRIED.
Receive Report from Liquor License Review Ad Hoc Committee
Mr. Shufflebarger stated the Liquor License Review Ad Hoc Committee met twice and made two recommendations to Council. They recommended forming a Liquor License Review Committee (LLRC) and created a sample ordinance. The ordinance was created with language from several other municipalities with liquor license ordinances.
Discussion included whether an LLRC was another layer of Government/red tape or whether it would be beneficial as a level of fact finding. Discussion continued on whether the LLRC should judge an applicant’s moral character and the difference between moral character versus an applicant doing unlawful acts. Timing of the public hearing for an applicant was also discussed. Council concluded that the public hearing should be held at the LLRC level.
Council agreed to send the proposed language to the attorney to be prepared in ordinance form.
Approve Application for Commerce Street Improvement Grant
Mr. Shufflebarger stated this application has been submitted once before for another Federal funding grant. The Village will need matching funds in 2014 if grant is awarded. Wade Trim has agreed to amend existing application at no extra charge.
CM-12-196-09 Heer moved, Ziegler seconded to approve submission of Oakland County Federal Aid Task Force application for Commerce Street Improvements. Motion CARRIED.
Approve Aquifer Pump Test Proposal
CM-12-197-09 Heer moved, Glagola seconded to approve 72 hour aquifer pumping test proposal by Peerless-Midwest for $8,876. Motion CARRIED.
Mr. Shufflebarger stated Michigan DEQ is requiring this test to be done.
Discuss Date for Second December Council Meeting
CM-12-198-09 Heer moved, Kovach seconded to set the second December Council meeting for Monday, December 14, 2009, 7:30 p.m. Motion CARRIED.
Set Budget Meeting for January 2010
CM-12-199-09 Kovach moved, Frankford seconded to set a Budget meeting for Wednesday, January 13, 2010, at 7:00 p.m. Motion CARRIED.
Accept Resignation from Parks & Recreation Committee, Michael Allen
CM-12-200-09 Kovach moved, Heer seconded to accept Michael Allen’s resignation from the Parks and Recreation Committee. Motion CARRIED.
Accept Resignation from Water Board, Tim Lundin
CM-12-201-09 Heer moved, Kovach seconded to accept Tim Lundin’s resignation from the Water Board. Motion CARRIED.
Adopt Resolution of Appreciation 09-013
Glagola read the following resolution into the minutes:
WHEREAS on July 19, 1993, Tim Lundin was appointed as a member to the Village of Milford Water Board; and
WHEREAS, the Water Board meets twice a year to consider requests from Village residents for relief on their water bills; and
WHEREAS, Mr. Lundin has devoted his time for the past sixteen years to help reach these difficult decisions on behalf of the Water department; and
THEREFORE, BE IT RESOLVED that at their Regular Meeting on December 7, 2009, the Milford Village Council on behalf of our residents extends their appreciation to Tim Lundin for his dedicated service to the Village of Milford.
Appoint Christopher Nichol to the Water Board
CM-12-202-09 Kovach moved, Heer seconded to appoint Christopher Nichol to the Water Board. Motion CARRIED.
Mr. Nichol was present.
CALL TO THE PUBLIC
Rusas asked if there was anyone who wished to address Council on an item that was not on the agenda.
Jim Crane, 222 Clinton, expressed his concern as a resident with the proposed Office District language allowing the Office District to be too commercial.
Mr. Shufflebarger stated the manhole linings and repairs were complete.
He also stated Joe Salvia mentioned an upcoming performance entitled Detroit Our Greatest Generation, at the Fox Theatre, December 13. Mr. Salvia was hoping for a showing of Milford residents at this event.
Mr. Shufflebarger informed Council that DTE will be replacing all electrical meters throughout the Village and Township with digital reading meters.
Aubry inquired why a sidewalk was not installed on the Washington St. side of the Fire Dept. property. Mr. Shufflebarger stated they felt it could not be installed with the current ADA requirements. The Township has been advised they would need to pay into the sidewalk fund.
Heer commented on free community wide e-mail that could send out bulletins to residents who signed up for the service. Administration to check into this.
The meeting was adjourned at 8:40 p.m.
Deborah S. Frazer, Clerk
Village of Milford