May 10, 2010 council meeting minutes


 
VILLAGE OF MATTAWAN
REGULAR COUNCIL MEETING           
MAY 10, 2010

                                                       MINUTES
                                                                                                      

1.    CALL TO ORDER @ 7:00 pm

2.    PLEDGE OF ALLEGIANCE

3.    ATTENDANCE

Present:  Kucinich, Kirklin, Bemer, McLean, Markle, Spulick, Ashbaugh

Others present:  Attorney Graham, Judge Buhl, Superintendent Anthony, Ruth Goheen and others.

4.    WELCOME TO THE PUBLIC

5.    ANNOUNCEMENT OF MEETING BEING RECORDED

JUDGE BUHL WILL GIVE THE ANNUAL CIRCUIT REPORT

Judge Buhl handed out copies of the annual circuit report and reviewed the cases they have handled over the past nine years.  He stated there is a bill in the senate now to eliminate some of the positions in local judicial systems through attrition because of the economy.  His position is one of them that will be eliminated.  He stated they have started a new Drug Treatment Court in 2008 and this has been a very rewarding and successful program.

INTRODUCTION OF MISS MATTAWAN BY TERRI DOORLAG

Terri Doorlag thanked Council for the time to introduce the Miss Mattawan Court.  Tori Juenemann is Miss Mattawan for 2010 and is planning on attending Western Michigan University and study communications and was awarded $3,300 in scholarships from the Miss Mattawan Pageant.  Danielle LaCross was 1st runner up and received several scholarships in the amount of $7,000 and plans to attend Michigan State University and study nursing. 

6.    OPEN PUBLIC HEARING TO CONSIDER ADOPTING THE PROPOSED BUDGET FOR     2010/1011 AND TAX LEVY

Motion by Markle, support by Spulick, to open the public hearing to consider adopting the proposed budget for 2010/2011 and tax levy.  All members voted in favor.  Motion carried.

7.    PUBLIC COMMENT ON BUDGET AND TAX LEVY

There was no public comment.

8.    CLOSE PUBLIC HEARING ON BUDGET AND TAX LEVY

Motion by Spulick, support by Bemer, to close the public hearing on the budget and tax levy.  All members voted in favor.  Motion carried. 

9.    ADDITIONS TO AGENDA

President McLean added E. Hardware for banners under old business and D. sewer pump repair under new business.

10.        APPROVAL OF THE AGENDA

Motion by Kucinich, support by Ashbaugh, to approve the agenda as amended.  All members voted in favor.  Motion carried.

11.    APPROVAL OF THE MINUTES OF APRIL 26, 2010

Motion by Bemer, support by Markle, to approve the minutes of April 26, 2010 as printed.  All members voted in favor.  Motion carried.

12.      BILLS TO BE APPROVED IN THE AMOUNT OF $ 21,071.81

Motion by Kucinich, support by Ashbaugh, to pay the bills in the amount of $21,071.81.  Roll call vote.  All members voted in favor.  Motion carried.

13.    LIMITED PUBLIC COMMENT ON ANY AGENDA ITEM

There was no public comment.

14.    BOARD AND COMMITTEE REPORTS
   
    A.   PLANNING COMMISSION APRIL 21, 2010
    (Liaison Markle was absent from the meeting, please refer to the minutes)

Kucinich stated member Beck was not listed as present at the meeting but made several motions.  Goheen stated that would be corrected.

Liaison Markle stated there was concern with regard to the Knapp Energy proposed propane storage tank that would be located along the highway on the Stephani property.  There were some road issues and traffic issues.  Markle stated she did not feel this was a good fit for the community.

12.      STAFF REPORTS

    A.   DPW SUPERINTENDENTS REPORT – T. ANTHONY

Superintendent Anthony reviewed what the department has been doing over the last two weeks.  He stated they have installed carbon water filters at the treatment plants, replaced road signs that have disappeared, patched pot holes, have completed the hydrant flushing, and opened bids for the painting of the water tower.  Anthony reported that James and Lonnie have been attending classes and Lonnie was attending another one next week regarding reflective signs that are now going to be mandatory.  Anthony has met with MDOT, been working on the reliability study with Fleis and reminded all of the Village clean up dates of May 13 – 15th.  The safe routes to school and tire grants had a couple of glitches but are now back on track and moving forward.

.    B.  ENGINEERS REPORT – CRAIG SHUMAKER/TIM WOODHAMS

There was no engineers report.

13.    OLD BUSINESS
 
    A.    ADOPT BUDGET FOR 2010/2011 BUDGET YEAR

Bemer stated she was concerned with the village growth and stated she felt we should be looking for a Manager.

Motion by Markle, support by Kirklin, to adopt the budget for 2010/2011.  Roll call vote. Five  members voted in favor.  Bemer voted no. Spulick abstained.  Opposition noted.  Motion carried.

B.    ADOPT RESOLUTION TO ESTABLISH 2010/2011BUDGET

Motion by Markle, support by Kucinich, to adopt the resolution to establish 2010/2011 budget.  Roll call vote.  Five members voted in favor.  Bemer voted no. Spulick abstained Opposition noted.  Motion carried.

C.    ADOPT 2010/2011 TAX LEVY OF 7.4473

Motion by Kucinich, support by Markle, to adopt the 2010/2011 tax levy of 7.4473.  Roll call vote.  Six members voted in favor.  Bemer voted no.  Opposition noted.  Motion carried.

    D.    ADOPT RESOLUTION TO APPROVE TAX MILLAE RATE OF 4.4473 MILLS ON REAL             AND PERSONAL PROPERTY AND 3 MILLS FOR SPECIAL ASSESSMENT FOR POLICE             ON REAL PROPERTY ONLY.

Motion by Spulick, support by Kucinich, to adopt the resolution to approve the tax millage rate of 4.4473 mills on real and personal property and 3 mills for special assessment for police on real property only.  Roll call vote.  Six members voted in favor.  Bemer voted no. Opposition noted.  Motion carried.

    E.    HARDWARE FOR BANNERS

Superintendent Anthony stated there was not enough hardware ordered for all the banners we received.  Bemer stated the Committee purposely ordered a few extra to have on hand for replacement purposes, therefore there was no need for extra hardware.

14.      NEW BUSINESS 

    A.    AWARD WATER TOWER PAINTING BID

Please see the complete bid sheets for the water tower painting project enclosed. 

Dixon Engineering has reviewed the bids submitted for repainting the exterior of the Village’s 250,000 gallon elevated tank and recommends award to the low bidder, Fedewa, Inc of Nashville, Michigan for the bid amount of $69,300.  This includes all line items and is below the project estimate of $94,000 from our 2009 inspection report.  Fedewa is a pre-qualified contractor with Dixon for this scope of work and has successfully completed many similar projects.  Their recent storage tank projects include Schoolcraft, Vicksburg, Mendon, Ionia, Birch Run and the VA Hospital in Battle Creek.

Motion by Markle, support by Bemer, to award the bid for painting the water tower to Fedewa Inc. of Nashville, MI in the amount of $69,300.  Roll call vote.  All members voted in favor.  Motion carried.

    B.    POTENTIAL CLOSING OF WEBSTER STREET RR CROSSING

MDOT has funds available to discuss the elimination of the Webster Street railroad crossing as the Amtrak train speeds are due to increase to 110 mph.  Please see enclosed e-mail.

Mike Bedore of MDOT stated Federal Railroad Administration (FRA) is looking to close as many crossings as possible.  From their studies they have concluded that Webster crossing is just a convenient detour and serves no real purpose. With the new law allowing the trains now to travel at 110 mph through this area they would like to eliminate that liability.  Mr. Bedore offered the Village $150,000 in return for closing the crossing stating this amount has not yet been approved but he would do his best to try and make that amount happen.  With that money the Village would have to put up barriers on both sides of the tracks so no vehicles could pass through, and what money was left was the Villages to do with what they saw fit.

Superintendent Anthony stated when the Main Street bridge is out that is our only detour around as semis and the fire trucks can not get under the 60th Street railroad bridge. 

Fire Chief Terron McLean confirmed the statement that the fire trucks can not pass under that bridge and the only other way around in lengthy and adds significant down times to reaching the emergency.  McLean stated this is the third time he can remember they have tried to close that crossing.  In his opinion it is not a good move to close that crossing until the 60th Street railroad bridge is replaced. 

Randy Holler Mattawan Schools bus superintendent stated most of his older buses will pass under the 60th Street RR bridge but his special needs bus will not and the new buses will not.   He certainly does not want to hinder the response time for emergency vehicles reaching his buses in case of an emergency.  They use that Webster Street crossing often especially in the winter when they can’t get up the Main Street hill in bad weather and would hate to see it closed. 

Anthony asked about putting a 4 gate crossing on Webster if the felt there was a safety factor.  Mr. Bedore stated the cost was prohibitive as it would cost around $300,000 to do a 4 gate system.

Fire Chief McLean asked what the next step was.  Bedore stated he would take our decision back to the board and move on to the next crossing for closure.  He stated the railroad bridge on 60th would not be redone any time in the near future. 

Attorney Graham stated we have several options.  We can take action tonight, we can send to committee for further review, but if we did decide to accept the offer we need to make it with certain conditions to protect the Village.

Motion by Bemer, support by Spulick, to reject the offer from MDOT to close the Webster railroad crossing.  Roll call vote.  All members voted in favor.  Motion carried.

    C.      ADOPT RESOLUTION AUTHORIZING RUTH GOHEEN, CLERK TO SIGN FOR ICE             PROJECT PAPERS.

Mary Kramer of MEDC for the ICE project needs a resolution stating I am the authorized person to sign the papers for the ICE project.  Will have copy of resolution for Monday’s meeting. 

Motion by Bemer, support by Kirklin, to adopt the resolution authorizing Ruth Goheen, Clerk to sign for the ICE project papers.  Roll call vote.  All members voted in favor.  Motion carried.

    D.    SEWER PUMP REPAIR

Superintendent Anthony stated last week they received pump alarms for # 1 and #3 pumps.  Upon inspection by the pump company it was reported that #1 went into overload and shorted out, and #3 was reporting bad readings.

Upon further inspection it was determined that on #1 all the windings were bad, all the bearings and seals were bad it had a faulty check valve.  The check valve keeps the sewer water from backing up into the drinking water.  On pump # 3 the feeder wires were burned in half.

Total cost for repair of both pumps is approximately $8,000.  Anthony has installed back flow prevent device to take care of the problem, but the pumps need to be repaired.

Motion by Spulick, support by Markle, to repair the pumps in the amount of $8,000 from NR Mitchell.  Roll call vote.  All members voted in favor.  Motion carried.

    15.       COMMUNICATIONS
   
a.    MML Legislative Link for April 27, 2010 and May 4, 2010.
b.    Police follow up and report on blight complaint
c.    Thank you letter from Mattawan Community Church
d.    Comcast letter regarding  price adjustment
e.    Article from Superintendent Anthony

McLean reminded all of the Mayor Exchange with Whitehall. 

16.      COMMENTS FROM VISITORS

Chris Randall the Van Buren County Commissioner stated there were several renewal issues on the ballot for the August election.   He also stated the equalization report was a little worse than expected with a 1.8% decrease across the County. 

Fire Chief Terron McLean stated he felt the Council had made a wise decision in rejecting the MDOT offer to close the Webster railroad crossing.

17.        COMMENTS FROM COUNCIL

Kirklin stated he had attended a Van Buren County Recreation Planning meeting.  They were collecting information on what the residents of the County want for the recreation in the form of new trails and new signs, etc.

Bemer asked if the porta potty was anchored down.  Anthony stated it was anchored down.  Anthony also stated the park sign was being moved over this week.

Ashbaugh reminded everyone about the fund raiser for James in the Park this Saturday. 

18.    ADJOURNMENT @ 8:26 PM
 

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