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                    VILLAGE OF MIDDLEVILLE, MICHIGAN
                        COUNCIL MEETING MINUTES
                               August 25, 2009


Call to Order:     The regular meeting of the Village Council of Middleville, Michigan was
                   called to order at 7:00 PM by President Myers in the Council Chambers
                   of the Village Hall. President Myers requested a moment of silence in
                   honor of Cpl. Nick Roush. Roll Call Members present: Mrs. Corson, Mr.
                   Lytle, Mr. Myers, Mr. Oliver, Mr. Parker, Mr. Pullen and Mr. Van Noord.
                   Absent: None.
Approval of
Previous Meeting
Minutes:           President Myers asked that the synopsis of the August 11, 2009
                   meeting be read by the Village Clerk. The minutes of the August 11, 2009
                   meeting were presented. Oliver made a motion to accept the
                   minutes and Parker supported the motion.
                   Voice Vote: Ayes: Seven. Nays: None. Absent: None.
                   Motion Passed.

Meeting Agenda:    President Myers presented the agenda requesting that Matt Swart, Eagle
                   Scout and discussion on the Waste Hauler/Recycling Contract be placed
                   on the agenda following approval of the agenda. Village Attorney
                   Nettleton requested an addition of Resolution 09-14, Redevelopment of
                   the Downtown Development District be added under Ordinances and
                   Resolutions. Village Attorney Nettleton requested a closed session
                   following final Council comments.. Pullen made a motion to accept the
                   revised agenda and Parker supported the motion. Voice Vote: Ayes:
                   Seven. Nays: None. Absent: None.
                   Motion Passed.

                   Matt Swart, Eagle Scout reported that he had put up 20 bat houses on the
                   Paul Henry Thornapple Trail from the Trail Head to the 1.5 mile marker,
                   which should help to eliminate some mosquitoes. He was assisted by
                   three other Scouts from Troop 105 and 2 adults. He received donations
                   for the wood from Tires 2000, Columbian Logistics Network and Joe’s
                   Wash.

                   Village Manager Strand explained that the Village Council had spent the
                   past year surveying other municipalities and meeting with Trash Haulers.
                   A Power Point program presenting the trash hauling and recycling rate
                   quotes from the lowest bidder, Potter Disposal was given with an
                   explanation by Village Manager Strand.
                   President Myers stated that even though a public hearing was not
                   scheduled for this meeting, and Public Comments was later on the agenda,
                   that he would allow those in attendance to comment on the Waste
                   Haulers/Recycling Contact asking that each speaker be brief and asked to
                   be recognized to speak only once.
                   Janet Johnson, Charles St., - that this is a democracy and you
                   are dictating to us. The ordinance was passed without giving us a choice.
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    This affects 100% of the people and reeks of socialism. You may have
    done this in good faith but is controlling.
    Susan Zielinski, Green Meadows, - as someone that moved
    from the East side of the state, where you could count on the same hauler
    to come every Friday. It is much more efficient and better.
    Michael Maring - this reeks of socialism. You are taking
    away our freedom. This is a poor decision by the Council.
    Leslie Stevens - she is happy with Jim’s Garbage Service.
    Roselle Havens, Arthur Ct., - the Council was elected to
    represent the people and are trying to control the number of heavy
    vehicles, and trying to pick up where Thornapple Township failed with the
    recycling, and replace the recycling lost in the Village because of abuse.
    You are providing us with a decent place to live.
    Sue Merrill, - the Council had struggled long and hard for this.
    Emissions from trucks will be reduced and if the provider is not
    maintaining the contract can they be fired. Village President Myers
    reported that the references from the company had been checked out and
    and proved to be satisfactory.
    Veronica Scofield, Thornapple Township - protested against her property
    being annexed as part of the Finkbeiner/Crane Road Project. President
    Myers advised her that the comments this time were only to be on the
    Waste Haulers/Recycling Contract.
    Michael Babbitt - there should not be a fee and all should recycle.
    Following comments President Myers asked for discussion by the Council.
    Motion was made by Corson and supported by Oliver to
    1. Approve and accept the bid of Potter Disposal for residential waste
    hauling and recycling program;
    2. Approve, authorize and direct the Village President and Village Clerk
    to execute the waste hauling contract with Potter Disposal; and
    3. Authorize the Village President, in consultation with the Village
    Attorney, to make any necessary additions and deletions to the waste
    hauling contract, which are determined to be in the best interest of the
    Village.
    Corson said she was satisfied that this would save the residents money.
    Van Noord said he had been wrestling with how to better the community.
    This is best for the community and for the future of the Village. Oliver
    commented that he had wrestled a long time. Many haulers were anxious
    to bid. The ordinance was publicized and the waste haulers that currently
    serve the Village were all part of the process. Parker noted that he didn’t
    like not giving a choice to residents. When the Ordinance was passed, the
    Council did not know the prices, but hoped the buying power would make
    it cheaper. It is the best for the residents with the option of curbside
    recycling. This is a convenience and service to the tax payers. Lytle said
    the recycling can be commingled and did not want one person to lose their
    job. Pullen showed the papers from the work since 2002 as a member of
    the Recycling Committee. He said we have done our research and this
    would be one day pickup.
    Roll Call Vote: Ayes: Four (Myers, Oliver, Parker, and Van Noord).
    Nays: Three (Lytle, Pullen, and Corson). Absent: None.
.   Motion Passed
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Communications:

Ordinances and
      Resolutions: 1. Resolution 09-14 to Designate the Village of Middleville Downtown
                   Development Authority District as the Development District and Area
                   Pursuant to Act 501 of the Public Acts of Michigan of 2006 and Matters
                   Related Thereto. Corson made a motion to approve Resolution 09-14 to
                   Designate the Village of Middleville Downtown Development Authority
                   District as the Development District and Area Pursuant to Act 501 of the
                   Public Acts of Michigan of 2006 and Matters Related Thereto and Pullen
                   supported the motion.
                   Roll Call Vote: Ayes: Seven (Myers, Oliver, Parker, Pullen, Van Noord,
                   Corson and Lytle). Nays: None. Absent: None.
.                  Motion Passed.

                     2. Resolution 09-10 Downtown Development District new on premises
                     license for Cracked Pepper Restaurant. Pullen made a motion to approve
                     Resolution 09-10 to approve development district or development area
                     liquor license for Cracked Pepper Restaurant. Oliver supported the
                     motion.
                     Roll Call Vote: Ayes: Six (Oliver, Parker, Pullen, Corson, Lytle and
                     Myers). Nays: One (Van Noord). Absent: None.
                     Motion Passed.

                     3. Resolution 09-11 Downtown Development District new on premises
                     license for Faro’s Pizza Restaurant. Pullen made a motion to approve
                     Resolution 09-11 to approve development district or development area
                     liquor license for Faro’s Pizza. Corson supported the motion.
                     Roll Call Vote: Ayes: Five (Pullen, Corson, Lytle, Myers and Oliver).
                     Nays: Two (Parker and Van Noord). Absent: None.
                     Motion Passed.

                     4. Resolution 09-12 Downtown Development District new on premises
                     license for Phil’s Pizza Restaurant. Oliver made a motion to approve
                     Resolution 09-12 to approve development district or development area
                     liquor license for Phil’s Pizza Restaurant. Lytle supported the motion.
                     Roll Call Vote: Ayes: Six (Pullen, Corson, Lytle, Myers, Oliver and
                     Parker). Nays: One (Van Noord). Absent: None.
                     Motion Passed.

                     5. Resolution 09-13 to approve and authorize execution of contract, re:
                     Finkbeiner/Crane Road Bridge Project. Lytle made a motion to approve
                     Resolution 09-13 to approve and authorize execution of a contract for the
                     Finkbeiner/Crane Road Bridge Project. Pullen supported the motion.
                     Roll Call Vote: Ayes: Seven (Van Noord, Corson, Lytle, Myers, Oliver,
                     Parker and Pullen). Nays: None. Absent: None.
                     Motion Passed.
Council
Committee
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Reports:            1. Finance Committee
                     Pullen made a motion to accept the current bills for the August 25, 2009
                     meeting in the amount of $ 73,823.58. Lytle supported the motion.
                     Voice Vote: Ayes: Seven. Nays: None. Absent: None.
                     Motion Passed.
                   2. Finance and Personnel Committee meeting was held on August 12,
                     2009. The consensus of the committee was to reduce the Parks and
                     Recreation 2009 Budget by $59,000.
                     Chairman Parker reported that the timber will be cut on the Rock Property
                     after Labor Day.
                     President Myers explained that he had decided not to run in the upcoming
                     Village election. He suggested that the outgoing Trustees and President
                     meet with the new members to make a smooth transition for all.

Old Business:      1. United Water Wastewater Treatment Plant Operation and Maintenance
                     Agreement. Motion was made by Parker and supported by Lytle to:
                     1. Approve, authorize and direct the Village President and Village Clerk
                     to execute the Wastewater Operation and Maintenance Contract with
                     United Water; and
                     2. Authorize the Village President, in consultation with the Village
                     Attorney, to make any necessary additions and deletions to the contract,
                     which are determined to be in the best interest of the Village.
                     Voice Vote: Ayes: Seven. Nays: None. Absent: None.
                     Motion Passed.

New Business:     1. Revised Deficit Reduction Plans was presented. Village Manager Strand
                     explained his concern with the DDA interest only. Pullen made a motion
                     to approve the Village of Middleville Deficit Reduction Plan for the
                     General Fund, Major Street Fund and Local Street Fund as required by the
                     State of Michigan Municipal Finance Systems with change recommended
                     by the auditors to include DDA interest and not principle. Lytle supported
                     the motion.
                     Voice Vote: Ayes: Seven. Nays: None. Absent: None.
                     Motion Passed.

Officer Reports: A. George Strand, Village Manager presented the Village Manager’s Report
                     concerning:
                     1. Finkbeiner Rd/Crane Rd. Project: The MEGA Board approved a $1
                     million tax credit for Bradford White with a possible $3.48 million
                     expansion.
                     2. Downtown Beautification and Watermain Project: Waiting on to hear
                     from Steve Vandenbrink regarding the completion of the project.
                     3. Village Hall Project: Waiting to hear from the builder concerning the
                     Affidavit of Completion and Consent of Surety.
                     4. Waste Haulers and Curbside Recycling Program: Acted on this evening.
                     5. Production Solutions: Still waiting for them to be complete in Payment
                     of their taxes.
                     6. Deficit Reduction Plan: Approval for submission to the State of
                     Michigan in time for dead line completed.
                     7. ICMA Range Rider Program: Memo in packet explaining discussion.
                     8. Skateboard Project: Ground breaking ceremony was held.
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                     9. Rock Property Logging and Trail Project: Revised contract has been
                     signed.
                     10. United Water Wastewater Treatment Plant Operation and Maintenance
                     Agreement: Action was taken at this meeting.
                     11. Village of Middleville Wastewater Treatment Plant Draft Permit: The
                     30 day posting period for the draft permit of the Waste Water Treatment
                     Plant has expired. The approval for the permit has been submitted.
                     12. Spring Street Drain Maintenance Project: The Public Works
                     Committee reviewed the bids for the Spring Creek Drain Maintenance
                     Project. Pullen made a motion to approve Kentwood Excavation’s bid of
                     $14,120.00 for the Spring Street Drain Maintenance Project. Corson
                     supported the motion.
                     Voice Vote: Ayes: Seven. Nays: None. Absent: None.
                     Motion Passed.

            B. Geoff Moffat, Villager Planner presented information on the Keeler Street
              Vacating, Public Hearing set for September 22, 2009 meeting. Resolution 09-15
              of intent to vacate a portion of the Keeler Street right of way and set a Public
              Hearing for Tuesday, September 22, 2009 at 7:00 PM local time was presented.
              Village Planner Moffat explained that Lincoln Meadows, a HUD Housing Unit,
              required additional parking for their residents. If the Village vacated a portion of
              the unimproved Keeler Street right of way lying between Lincoln Street and
              Washington Street there would be parking spaces available. Parker made a
              motion to adopt Resolution 09-15 of intent to vacate a portion of the Keeler Street
              right of way and set a Public Hearing for Tuesday, September 22, 2009 at 7:00
              PM local time. Oliver supported the motion
              Roll Call Vote: Ayes: Seven (Corson, Lytle, Myers, Oliver, Parker, Pullen, and
             Van Noord). Nays: None. Absent: None.
.             Motion Passed.

              Village Planner Moffat explained the Admin. Law Hearing in Lansing concerning
              the 1.2 acres of wetland in discussion per the Finkbeiner/Crane Road Bridge
              Project. Wilcox Engineering and the Barry County Road Commission have
              mitigated the wetlands that will satisfy the Department of Environmental Quality.
              The Work Session to Review Zoning Update for the Village Of Middleville
              Council and Planning Commission Zoning date was set for September 1, 2009 at
              5 PM and September 8, 2009 at 5 PM.

       C. C. Miller, United Water presented his monthly report. The sodium level is
             looking good.
Boards &
Commissions: Barry County Board of Commissioners, July 28, 2009 meeting.

Informational
Items:        Ribbon Cutting September 2, 2009, Day of Caring September 10, 2009. Village
              Clerk Lamoreaux presented information showing the Skate Board Half Pipe
              Ramp that the Day of Caring volunteers had agreed to build. The Skate Board
              Control Club has agreed to give $50.00 of their earnings toward the material
              required to build this temporary ramp until more money can be earned to purchase
              official ones. Village Clerk Lamoreaux requested up to $3,000 for material from
              Barry County Lumber Company that the volunteers can use to build this ramp.
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                     Van Noord made a motion to approve up to $3,000 in building materials
                     from Barry County Lumber Company to build the Skate Board Half Pipe
                     Ramp with the Day of Caring volunteers. Pullen supported the motion.
                     Voice Vote: Ayes: Six. Nays: One (Corson). Absent: None.
                     Motion Passed.

Public
Comments:            Tim Hansen, 135 Hunters Trail, reported that his water pressure has been
                     low. The Department Of Public Works Director Winchester will
                     investigate.
                     Fran French, Heritage Day Coordinator, reported that the Heritage Day
                     Parade would start from Lee Elementary at 10:30 AM. They would like
                     the Main Street to have no parking during the day, so the car and bike
                     show can be there and the parade route would be clear. It was the
                     consensus of the Council to have the Heritage Day Committee works it out
                     with the Department of Public Works.
                     Patricia Johns commented that even during the difficult time for the
                     Rousch family it was great to see the community come together.

Council
Comments:          Oliver thanked Sue Merrill and Audrey Van Strien for all their work.

Closed Session:     At 9:15 PM a motion was made by Lytle and supported by Parker, to meet
                    in a closed session pursuant to Section 8(h) of the Open Meeting’s Act to
                    consider material which is exempt from disclosure under Section 13(1)(g) of
                    Michigan’s Freedom of Information Act. The Village Attorney, Mark E.
                    Nettleton, is hereby appointed as Secretary for the purpose of taking minutes
                    of the closed session in accordance with the Open Meetings Act.
                   Roll Call Vote: Ayes: Seven (Corson, Lytle, Myers, Oliver, Parker, Pullen,
                   and Van Noord). Nays: None. Absent: None.
.                  Motion Passed.

                  At 9:46 PM President Myers declared the regular meeting of the Village
                  Council back in session.

                  Lytle made a motion to approve and send the letter as drafted by the Village
                  Attorney with the revisions as recommended. Pullen supported the
                  motion.
                  Voice Vote: Ayes: Seven. Nays: None. Absent: None.
                  Motion Passed.

Adjournment:      At 9:50 PM Corson made a motion to adjourn the meeting and Parker
                  supported the motion.
                  Voice Vote: Ayes: Seven. Nays: None. Absent: None.
                  Motion Passed.

Minutes respectfully submitted by Mary Jean Lamoreaux, Village Clerk of Middleville.

I, Mary Jean Lamoreaux, certify the above minutes were duly passed and approved by Village
Council at a regular meeting held September 8, 2009.
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_________________________________
      ______________________________
Mary Jean Lamoreaux, Village Clerk       Date

Attested to by:

______________________________________   ______________________________
Lon V. Myers, Village President          Date

				
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