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, James Kovach and Kevin Ziegler
ALSO PRESENT Gary Goodenow, Planning Commission; Tom Connelly, Legal Counsel; Arthur Shufflebarger, Village Manager
APPROVE CONSENT AGENDA
CM-01-004-10 Heer moved, Glagola seconded, to approve the January 19, 2010, consent agenda. Motion CARRIED.
Minutes of the Regular Council Meeting of January 4, 2010
Council Approval Direct Debits
Council Approval Payroll 01/05/2010
Transfers and Disbursements
| General |
$ 55,022.13 |
| Major Street Fund |
943.55 |
| Local Street Fund |
697.74 |
| Police Fund |
7,917.60 |
| Downtown Development Authority |
3,241.87 |
| Senior Citizens |
540.17 |
| Water/Wastewater Fund |
127,619.19 |
| Escrow Fund |
600.00 |
| Total |
$196,582.25 |
APPROVE REGULAR AGENDA
CM-01-005-10 Heer moved, Glagola seconded, to approve the January 19, 2010, agenda as presented. Motion CARRIED.
President Rusas set ground rules for the meeting.
OLD BUSINESS
Adopt Ordinance Amendment 231-140, Section 94-2, Definitions, Cultural Arts
CM-01-006-10 Kovach moved, Aubry seconded, to adopt Ordinance Amendment 231-140, Section 94-2, Definitions, Cultural Arts. Motion CARRIED.
Adopt Ordinance Amendment 231-141, Section 94-158, Principal Uses Permitted Subject to Special Conditions, Article VI, O-1 Office District
CM-01-007-10 Heer moved, Kovach seconded, to adopt Ordinance Amendment 231-141, Section 94-158, Principal Uses Permitted Subject to Special Conditions.
Beverly Smith, 425 Hickory, representing residents on her block, spoke of concerns with changing the Office District language allowing for a Cultural Arts center. She spoke specifically to the Stone Church becoming a Jazz club and how detrimental that would be to their neighborhood.
Jim Crane, 222 Clinton, Attorney for the Lee Home at 219 E. Commerce, felt the scale and scope of the cultural arts center in an Office district was too large.
Mary Lou Gharrity, 510 Union St. concurred with Ms. Smith and Mr. Crane.
Gary Goodenow, Planning Commissioner, stated the arguments presented were pertinent if approving a site plan. However the language before Council was to allow under special use a cultural arts center in an Office or Business district, not specific to any site.
Susan Gollon, President of Village Fine Arts Association spoke in favor of allowing a cultural arts center in the Village of Milford.
Mr. Shufflebarger stated the differences with the uses of the Office district versus Business district, specifically hours of operation, amount of traffic, Office being a less dense use and Business a more dense use. Restrictions such as number of seats, hours of operation, use of liquor license can all be addressed in the ordinance language.
Glagola stated there was no reference to food and drink in the cultural arts definition. He did not feel that approval of the ordinance amendment, especially with the special use conditions, approval from Planning Commission and Council, meant that anything would be automatically approved and placed in the Office district that would be detrimental to the neighborhood.
Kovach was not in favor of rezoning. Rusas and Kovach did not like the idea of allowing a cultural arts center in an Office district, they felt this would be more of a business. Rusas added she would want to see more restrictive language if in Office district.
CM-01-007-10 Motion FAILED.
Adopt Ordinance Amendment 231-142, Section 94-187, Principal Uses Permitted, Article VII, B-2, Central Business District
CM-01-008-10 Kovach moved, Heer seconded, to adopt Ordinance Amendment 231-142, Section 94-187, Principal Uses Permitted, Article VII, B-2, Central Business District.
Jim Crane, 222 Clinton, commented that approving this special conditional uses language could place restrictions on more than just Cultural Arts center in the Business district.
Roll Call Vote: Ayes: Heer, Glagola, Rusas
Nayes: Aubry, Kovach, Ziegler, Frankford
Motion FAILED.
Adopt Ordinance Amendment 231-143 Section 94-188, Permitted Uses Subject to Special Conditions, Article VII, B-2, Central Business District
It was determined since Ordinance Amendment 231-142 failed there was no need to vote on Ordinance Amendment 231-143.
NEW BUSINESS
Consider Tap Fee Reduction Request, 165 S. Milford
Mr. Lychuk, representing Dr. March, DDS, spoke to Council about equipment they planned to install that would reduce water usage. He also stated the number of employees in their office would be less than the previous building usage, and therefore did not see the need for an increase in taps.
Mr. Shufflebarger stated this approval would require Administration to monitor usage, and he did not feel this was a good practice to get into with every new business.
CM-01-009-10 Kovach moved, Glagola seconded, to consider the tap fee reduction request for 165 S. Milford. Motion FAILED.
Council discussed the Oakland County Dept. of Public Works schedule which is used to determine taps required. The tap fees are not based on the actual usage of each business. Mr. Shufflebarger stated the table of uses has not been updated recently, however use of this table keeps decisions consistent.
Introduce Ordinance Amendment 231-134, Section 94-344, Recreational Vehicles
CM-01-010-10 Kovach moved, Heer seconded, to introduce Ordinance Amendment 231-134, Section 94-344, Recreational Vehicles. Motion CARRIED.
Gary Goodenow, Planning Commission, stated the Planning Commission took into consideration changes Council recommended and he summarized the changes that were made to the ordinance.
Introduce Ordinance Amendment 231-144, Article II, Licensing, Chapter 6, Alcoholic Liquors
CM-01-011-10 Heer moved, Glagola seconded, to introduce Ordinance Amendment 231-144, Article II, Licensing, Chapter 6, Alcoholic Liquors.
This ordinance was updated based on recommendations of the Liquor License subcommittee. Clarification was made that the applicant would pay for notices, etc., through the application fee which covers the investigation.
Roll Call Vote: Ayes: Rusas, Glagola, Frankford, Ziegler, Heer, Aubry
Nayes: Kovach
Motion CARRIED.
Set Public Hearing for Skate Park Consideration, February 16, 2010
This Public Hearing coincides with the preparation by the Friends of Milford Skate Park of the grant application.
CM-01-012-10 Kovach moved, Heer seconded to set Skate Park public hearing for February 16, 2010. Motion CARRIED.
Direct Administration to Pursue Contract for Dispatching with City of Novi
Mr. Shufflebarger stated the Village is experiencing severe tax complications. Together with tax revenue reduction and the GM Proving Grounds request for tax reduction, the reduction in revenue is estimated at $750,000 for 2010. A proposal to contract dispatch with Novi would result in a savings of approximately $150,000 year. Additional cuts will have to be made, which include possibly two officer positions. Mr. Shufflebarger stated this would be predicated upon whether a millage that could be presented in August 2010 passed. If the millage is not approved, it may be necessary to layoff additional officers.
CM-01-013-10 Kovach moved, Glagola seconded to direct Administration to pursue contract for dispatching with City of Novi.
Officer Tanya Pence, spoke on behalf of the Milford Police Dept., requesting an opportunity to speak with Administration about other possible options. After reviewing the 2008-09 budget, they did not see any efforts made to help prevent this situation from occurring. Their concerns with contracting out dispatch included limited access to the Police Dept. through Dispatch, dispatching for Metroparks and the Fire Dept., prisoners would need to be transported to Novi which would involve an officer being away from Milford for an extended period of time. They felt there should be other ways to save $130-150,000 without contracting out dispatch, and they asked to be given the opportunity to discuss these options.
Rusas stated that tonight’s decision to allow Administration to look into the cost of contracting dispatch would not be the final decision. She added it was not anyone’s desire to lay off people.
Anthony Noble, 676 River Oaks Dr., and a public servant for Walled Lake (who is contracting with Oakland County), stated concerns with coverage while officers were transporting prisoners to Novi. He also felt there would be delays in fire runs.
Richard Lippitt, 545 N. Main, felt the cost to contract with Novi was already known and was surprised the Police Dept. just heard of these cuts. He did not feel enough time had been spent investigating and felt more time should be investigated within the entity for cuts, including concessions from officers.
Sheila Maxwell, 914 Panorama Dr., questioned why expenses have not changed and why precautions had not been taken. She felt dispatch going to Novi would affect the safety of the Police Officers and effect the Fire Dept. She felt Council should take the time to look at what the Police Officers have to offer. She was also concerned the Police Dept. just heard of this last Thursday, and the community was probably not made aware of this situation.
Gary Thomas, 653 Woodside, had concerns with response time and safety of the officers. He felt public trust would be lost and asked Council to not equate money with life.
Dale Wiltse, 4177 Rob Ct., discussed the technical aspects of moving the dispatch center and the hidden fees. He felt Novi had budget problems of their own and were getting as many people they could on-line to cover their own costs. He felt keeping local control was important. Mr. Wiltse, a Township Trustee, stated the Police Chief gave an annual report to the Township stating things were in good shape, but he was watching the budget. Nothing was mentioned about potential problems.
Ron Fowkes, 320 Huron, commented on this being a difficult decision.
Ric Mueller recommended motion be amended to direct Administration put investigation together to consider all possibilities for additional funding, cutting, involve community, look for grants, etc. He especially was concerned with response time and knowledge of Milford. He would favor a larger millage for Police and Public Safety.
Dean Caldwell, 709 Knight St., didn’t feel cutting public safety was a way to “cut the fat”. The Police Officers were not afforded opportunity to come up with options.
Jim Crane, 222 Clinton, felt local control was important and should look into cutting everything else in order to keep dispatch and police department. He stated he would also support millage to keep local dispatch and officers.
Linda Peltier, 2561 W. Buno, and a member of larger Police Dept. stated Council doesn’t want public to lose confidence in the Police Dept. She felt it important to keep local dispatch and good relationship with police dept.
Kim Dominick, 3330 Emerald Park Drive, works with Huron Valley Schools, and stated they took huge concessions to keep jobs. She felt upper management should also make concessions. She had concerns with “privatizing”, stating when schools have done this, the costs double after the first year.
Don Green, Township Supervisor, stating he was working with General Motors and was working on 20 percent not 80 percent cut. He added that taxes were due February 14 and we would have better numbers to work with then.
Art Smith, 655 Knight, stated Novi is currently two people short in their dispatch, and questioned why we would want them to service us if they were not fully staffed.
Tim Lillard, 1783 S. Milford Rd. felt if you take the police dept away, the residents will move away.
Brent Wiltse, 4177 Rob Ct. was concerned with the time officers would be away from the community, and felt the Police Chief should resign since he showed no leadership or fiscal responsibility.
Jean Belcher, 1482 E. Commerce, was surprised discussions have been going on without the public hearing anything. She stated her concern for the officer’s safety.
Chief Walli was asked if there were other options. He stated he has always been prepared for discussions on how much it would cost to rent deputies or to contract dispatch. He was given projections from the Treasurer showing decrease in revenue and knew that some action needed to be taken. Because the Police Dept. has had a healthy fund balance and there has not been a need to ask for a millage increase in thirteen years. He has felt comfortable with the current staffing as long as there was the funding.
Officer Pence commented on the letter received from the Chief with the only cost savings reference being made to not leaving vehicles running. She stated the revenue loss of $870,000 was over three years which would result in the laying off of eight officers by July 2012 not July of this year. She continued to comment on purchases made of computer equipment and bike patrol equipment, without anyone realizing there was a problem. The Department had endless overtime until November 2009. The Department felt no precautions had been taken to prevent these cuts.
Mr. Shufflebarger clarified that there was an additional $300,000 in potential revenue loss each year from the G.M. tax credit, creating a shortage of $750,000 for the first year.
Officer Mike Belcher, 714 N. Main, stated it was hard to hear our own radio from Pontiac Trail, and felt it would be harder once with Novi.
Gary Thomas spoke again from a social worker viewpoint, and stated with current problems in Central Park, seeing an officer is good.
Mandy Friedman, 728 N. Main, stated she walks to school, and she was fearful with the thought of fewer officers.
Council agreed to amend motion to pursue all opportunities as opposed to pursuing the contract.
CM-01-013-10 Kovach moved, Glagola seconded, to direct Administration to pursue all opportunities as opposed to just pursuing the contract for dispatching with Novi. Motion CARRIED.
Rusas explained this would include pursuing options internally and externally. She commented on the loss of taxable property values Oakland County is projecting. Cuts have been looked for throughout all the Village departments. She stated they hoped to not have to layoff employees in any department.
Select Subcommittee to Investigate Cityhood
Rusas stated this would be a preliminary, exploratory committee to investigate whether there was any cost savings in combining governments. Members from the Township Board were requested to participate in this investigation. Mr. Green, Township Supervisor, stated he has placed this on the Township agenda.
CM-01-014-10 Aubry moved, Heer seconded, to appoint Jim Kovach and Mike Glagola to the subcommittee to investigate Cityhood. Motion CARRIED.
CALL TO THE PUBLIC
Rusas asked if there was anyone who wished to address Council on an item that was not on the agenda.
Anthony Raimondo, 638 N. Main St., requested Council re-evaluate Administration. He felt that nineteen years as Village Manager was a long time. He commented on the Manager’s last evaluation being average. Mr. Raimondo did not feel the Manager was a good voice for him.
Rusas explained that the Village Manager was appointed in 1991, and unless a majority of Council sees a need to remove him, he will remain. Mr. Shufflebarger will have an annual review again in the summer and these evaluations are made public.
Gary Goodenow, 705 Canal, presented the Police Dept. with antlers from the deer that crashed into the Historical Society. He was hoping these would be displayed in the Historical Society.
Craig Johnston, 1094 Winding Way, spoke to Council as a Planning Commissioner discussing the proposed zoning change from B2 to B3 for the Kroger gas station. Kroger came to Planning Commission in October, asked for a re-do in November, and got the re-do in December.
His concern was the process. A DDA letter was submitted stating there should be another Public Hearing because Kroger did not get a chance to speak. Mr. Johnston stated the meeting went till at least 10:30 and everyone had a chance to speak at length.
Mr. Johnston stated that he spoke to the State of Michigan Planning office and according to them it is imperative that in order to have a case again heard that was previously ruled upon, there must be a provision in our ordinance, special language providing for this circumstance in which a case can be reheard. Omission of this language does not make it okay. He reviewed our ordinance and did not see this included in our language. If this language is not in the ordinance, it is illegal and the petitioner must reapply with a new application.
He submitted that the result of the December meeting to rehear the petition be thrown out. Otherwise he felt the Council condoning this behavior puts the Village at great risk if challenged in court.
MANAGER’S REPORT
Mr. Shufflebarger stated the Marlene Street issue had not been finalized to date.
COUNCILMEMBER REMARKS
Frankford complimented Planning Commission on the fine job with the Recreational Vehicle ordinance.
Ziegler thanked all the concerned citizens for coming to the meeting.
Glagola announced the fund raising breakfast at Kozmos for Community Sharing, to be held Wednesday, January 20.
Heer stated the largest responsibility of the Council is the budget preparation and that budget sessions are held in April. At this time Council has made many cuts.
Aubry thanked the audience for their input.
Rusas thanked everyone for an orderly, organized meeting.
ADJOURN
The meeting was adjourned at 9:35 p.m.
Deborah S. Frazer, Clerk
Village of Milford | 
