June 12, 2010 council meeting minutes
VILLAGE OF MATTAWAN
REGULAR COUNCIL MEETING
JUNE 14, 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, Superintendent Anthony, Ruth Goheen and others
4. WELCOME TO THE PUBLIC
President McLean invited all to stay after the meeting and celebrate Council member Harriet Kucinich’s 90th birthday with cake and punch.
5. ANNOUNCEMENT OF MEETING BEING RECORDED
Doug Harrington is running for State Representative in the district, he would like to take a few minutes to introduce himself.
Doug Harrington thanked Council for the time tonight and stated he has been the Lawrence Township Supervisor for the last 14 years and has been married to his wife Jackie for 23 years. He knows there are many problems facing Michigan and they won’t get fixed overnight but there are many ways that expenses can be cut on the State level and he would like to opportunity to help change Michigan for the better. Harrington would like to see the schools, fire, police and service organizations get back on their feet in Michigan again. He reminded all to vote in the up coming election.
Paul DeRyke would like to present the new Art Community Center in Paw Paw.
DeRyke reviewed the plans for the new Art Community Center in Paw Paw stating they would be adding many new aspects to the center and are hoping to get as much community and area support as possible. He feels this is a great opportunity for the surrounding area. He also asked for a letter of support from the Council promoting the center. They are purchasing a building in Paw Paw and hope to have it completed and moved in by January of 2011.
6. ADDITIONS TO AGENDA
McLean added another bid for pavement restoration to new business C and another park request to new business D and audit by Siegfried Crandall as new business item H.
7. APPROVAL OF THE AGENDA
Motion by Kucinich, support by Markle, to approve the agenda with the additions. All members voted in favor. Motion carried.
8. APPROVAL OF THE MINUTES OF MAY 24, 2010
Motion by Ashbaugh, support by Kucinich, to approve the minutes of May 24, 2010 as printed. All members voted in favor. Motion carried.
9. BILLS TO BE APPROVED IN THE AMOUNT OF $ 56,262.84
Motion by Ashbaugh, support by Spulick, to pay the bills in the amount of $56,262.84. Roll call vote. All members voted in favor. Motion carried.
10. LIMITED PUBLIC COMMENT ON ANY AGENDA ITEM
There was no public comment.
11. BOARD AND COMMITTEE REPORTS
There were no board or committee reports.
12. STAFF REPORTS
A. SUPERINTENDENT’S REPORT – TOM ANTHONY
Superintendent Anthony reviewed his report stating he had a pre-construction meeting about the Main Street bridge project and he and Goheen would send a letter to all residents explaining the detour route while the project was being completed. Anthony stated they have been patching more potholes, installed 4 more new water taps in McGillen’s Crossing, and he has completed the Well Head Protection Grant application. He has been working with Peerless Midwest on the Concord water tower altitude valve, has set up a meeting with DEQ, our contractor, and the asphalt company about the tire recycling grant. The International dump truck needed repair and Anthony would like to camera a hole on Second Avenue for potential sewer problems. He would like to schedule a DPW meeting to go over some of the issues.
Goheen stated she had been in contact with MEDC and we have been put back on the list for the ICE Grant project for McGillen reconstruction and should know shortly if we will receive. Goheen also finished up the COPS Grant with Chief VerHage and has re-submitted that for an officer for three years, and there is a grant to be completed for the SRO position at school.
B. ENGINEERS REPORT – CRAIG SHUMAKER/TIM WOODHAMS
There was no engineer’s report.
13. OLD BUSINESS
There was no old business.
14. NEW BUSINESS
A. LIST TO GO TO COUNTY FOR DELIQUENT WATER/SEWER/MOWING
This is the list of delinquent water/sewer/penalties that is going to the County to be added to the tax rolls.
Motion by Spulick, support by Ashbaugh, to send the list of delinquent water/sewer/mowing to the county to be added to the tax rolls. Roll call vote. All members voted in favor. Motion carried.
B. WATER SUPPLIES PURCHASE
Superintendent Anthony needs to purchase a 12“ valve, two conversion couplings, three mega lugs and a valve box to be used for the Concord Avenue water tower painting project. The total cost of the supplies is $1,800 and will be purchased from Underground Pipe and Valve.
Motion by Markle, support by Kucinich, to purchase the water supplies for the Concord Avenue water tower painting in the amount of $1,800 from Underground Pipe and Valve. Roll call vote. All members voted in favor. Motion carried.
C. PAVEMENT RESTORATION IN FRONT OF SPEEDWAY
Superintendent Anthony has a bid from Pavement Restoration in the amount of $1,590 to repair the street in front of Speedway.
There was another bid from ARNT in the amount of $1,300. McLean asked if they had done business with the Village in the past. Anthony stated some, but they did a lot of work for the Mattawan Schools.
Motion by Kucinich, support by Spulick, to award the pavement restoration bid for the road repair in front of Speedway to ARNT in the amount of $1,300. Roll call vote. All members voted in favor. Motion carried.
D. PERMISSION TO USE PARK FROM TAMARA WILLIS
Tamara Willis of New Vintage Ministries is asking for permission to use the park for a June 27th gathering for worship and picnic. Please see enclosed request.
Motion by Spulick, support by Bemer, to grant use of the Park to New Vintage Ministries for a June 27th gathering for worship and picnic. Roll call vote. All members voted in favor. Motion carried.
E. PERMISSION TO USE PARK FROM DON FILCEK
Don Filcek of ReCast Church of Mattawan is asking for permission to use the park for an August 8th for a church picnic. Please see enclosed request.
Council also received another request for use of the Park on the same day from the Mattawan Community Church. Kirklin asked whose request came in first and Goheen stated ReCast was submitted first. Markle stated she felt the Mattawan Community Church should be considered first as the church was in the Village. Spulick asked if we could offer ReCast the August 28th date as an alternative. McLean stated we can’t stop anyone from using the park on that day as it is a public park, so anyone can be there and use the facilities.
Motion by Markle, support by Spulick, to offer ReCast the alternative date of August 29th in lieu of the August 8th date requested for use of the park for their church picnic. Roll call vote. All members voted in favor. Motion carried.
Motion by Ashbaugh, support by Markle, to grant use of the Park on August 28th to Mattawan Community Church for their church service and picnic to follow. Roll call vote. All members voted in favor. Motion carried.
F. TREE REMOVAL THROUGHOUT VILLAGE
Only one bid came back for the tree removal and that was from JC & Sons for $5,050. Please see enclosed quotation for list of trees to be removed.
McLean asked who determines what trees come down. Anthony stated some requests come from residents and the DPW department makes some determination if they feel the tree is rotten, dying or a liability to the village. Anthony stated it is hard sometimes as the resident may not want the tree cut down as they have lived there most of their lives and that tree has always been there. Then it has to be determined how long they feel the tree can stand without causing a liability issue for the Village. If they feel it is a danger and since it is in the right of way and we are responsible for that right of way then we have to take it down.
Ashbaugh asked of all the trees were on Village property. Attorney Graham for liability purposes if the village feels they need to come down then we should take them down as we maintain the right of way and are liable if some damage occurs. If a resident protests then they would have to come to Council for a determination and be told why they must be cut down.
Spulick asked how we get the bids. Anthony stated he usually calls several companies for bids. Anthony also stated he would ask other communities who they send the bids to and use that list in the future.
Kucinich stated she had one that was in need of removal also. Anthony stated he would add that to the list.
Bemer asked if this was a budgeted item. Anthony stated yes and he had added more to the account this upcoming fiscal year to accommodate.
Motion by Spulick, support by Markle, to award the tree removal bid to JC & Sons in the amount of $5,050. Roll call vote. All members voted in favor. Motion carried.
G. VACANT PROPERTY LAWN MAINTENANCE BIDS
Two bids were received for lawn maintenance on vacant village properties. College Bound Lawn and Landscape for $250 every two weeks, and Allers Lawn Care for $425 every two weeks. Please see enclosed bids.
McLean stated Superintendent Anthony had talked to her about this problem on the way to Whitehall for Mayor Exchange Day stating there are so many he would like to get an outside company to take care of all the lawns in the village. They just don’t have the man power to get it done in a timely manner. So McLean authorized Anthony to get some bids.
Bemer stated she was very upset about the uncut lawns in the village this year. Bemer asked why, since the police have posted these properties earlier, has it taken so long to get this done. First she heard we were bidding the job then she heard our mowers couldn’t go through the tall grass. The village looks terrible and we are not setting a good example for the residents by not taking care of the uncut lawns. Bemer stated she cut one in her neighborhood because she had received so many complaints from residents. Bemer can’t understand how we could let the village look this bad and we require all other residents to keep their lawns cut. We need to set the example for the residents and we haven’t done that this year and it looks terrible. Some of these have been posted since May and that is unacceptable.
Anthony stated it just got ahead of them this year with all the rain. It takes Lonnie at least one hour to cut each lawn and with so many in the village they just don’t have the manpower to maintain. Cost wise it is a benefit to the village to outsource this at this time. We have to charge the motor pool $37 for every hour that the mower is cutting vacant properties and all added it costs the village about $60 per hour to do this job and it can be outsourced cheaper as they can do the same job for about $30 per hour.
Bemer stated she had asked this year if they needed another person and was told no they could handle this. This should have never happened and she is very upset. If it takes overtime then get the job done.
Markle asked if we wanted to pay for all that overtime.
Bemer stated they were asked earlier if they needed help and Council was told they did not need another person. Bemer stated she was very clear when the snow was still on the ground about do you need another person and was told no, you did not need more help. In the mean time the village looks like heck.
Anthony stated we only have one mower and if someone else is using it to cut vacant properties all week then we can’t get the village park and other village properties done, and to get another person now it would three weeks or better to post the job, train someone and by that time the project even further behind. It is an eight hour job just to mow the park and all village offices. There are just too many properties he just can’t get to all of them. Anthony stated he would lose an entire person for the summer just to keep up with the lawns. Bemer stated you should have planned ahead. Anthony stated there was no way anyone could know there would be this many properties to maintain this summer.
Spulick agreed we should have planned ahead as we expect our residents to keep up their lawns and we need to set the example. Spulick then asked if it would be beneficial to hire someone extra for the summer months say from spring clean up to fall leaf pick up.
McLean stated these all go on the tax rolls so it is better to use someone else’s equipment cheaper than we can use ours.
Attorney Graham asked if the contract was awarded could we add or delete to the list as needed. Anthony stated yes that was part of the bid. Attorney Graham also stated as long as this was broken down per lawn in the initial bid and as long as that amount stayed the same during the possible add and delete process that would be fine.
Spulick stated he had talked to George asking if the property owner cuts the grass then we have to re-post the property and wait the ten days. Attorney Graham stated he agrees, however, if a good Samaritan comes along and cuts the grass that does not relieve the home owner of any obligation therefore we can re-post and cut when necessary.
Spulick asked if the leaves would also be taken care of on the vacant properties. Anthony stated yes they would also be cleaned up.
Bemer stated this should have never happened to begin with. Bemer stated she didn’t know we only have one mower. Bemer asked if we had a push mower and weed whacker. Anthony stated yes we did. Bemer stated then she was sure some one else’s hands would fit those besides Lonnie’s and why wasn’t this done.
Motion by Kirkin, support by Markle, to award the bid for mowing vacant properties to the College Bound Lawn and Landscape in the amount of $250 every two weeks, authorizing the Village to use services of the same company for additional properties that are posted by the police for the same rate. Roll call vote. Six members voted in favor. Bemer voted no. Opposition noted. Motion carried.
H. AUDIT BY SIEGFRID CRANDALL
Motion by Bemer, support by Spulick, to have Siegfried Crandall do the audit for the village for the last fiscal year of July 1, 2009 to June 30, 2010. Roll call vote. All members voted in favor. Motion carried.
15. COMMUNICATIONS
a. MML Legislative Link for May 25th , June 1st and June 8th.
b. Letter from AEES regarding lay offs.
c. Letter from Michigan Land Bank Fast Track Authority.
d. Main Street Bridge Project Progress Schedule
e. Speedway Sign Relocation
16. COMMENTS FROM VISITORS
Chris Ballingall of 52879 25th Street stated she has come to council before with the concern of wasting water in the Village. We have had several inches of rain lately and still our sprinklers are running. Why can’t we fix this problem with adjusting the timing so when we don’t need to sprinkle when it has rained so much thus saving water. Ballingall also stated the Kubota mower is getting old and in Florida they are going green with converting or buying new mowers with propane. She just wondered if the Village would consider such a move in the future. She asked about the fire hydrant on Cole with the black bag over it. Anthony stated the parts are on order to fix. Ballingall was wondering if we could do anything about the “no phone zone”. McLean stated on July 1, the no texting while driving goes into effect. Ballingall also stated if you shut the water off when you brush your teeth it will save about three gallons of water.
Brenda Bennett of 24104 Alvord Avenue stated she had concerns about the recent break ins. She herself was a victim and she hopes we could put something in our next newsletter letting people know they need to lock their vehicles and houses. She was also concerned that the Village Police do not do fingerprinting of a crime scene. She knows the police have been doing the best they can as they drive by frequently but just wanted residents to know that they need to be careful as well.
Lisa Teeter of 24070 Alvord stated she had the same concerns as they have had many bikes that were stolen dumped in their back yard.
17. COMMENTS FROM COUNCIL
Motion by Spulick, support by Bemer, to schedule a DPW meeting for review and recommendations for some DPW concerns. Roll call vote. All members voted in favor. Motion carried.
Spulick asked Attorney Graham if Terri needed help with the day to day business of the Village and she asked another Council member to get involved was that considered interfering with day to day business.
Attorney Graham stated if this was something that she would have been doing under her current authorization as president and she can’t be here are make a decision that a certain council member could complete the task and she asks them to assist then yes that is ok to do.
Markle asked why the President Pro-Tem wouldn’t be the one to go to in that case.
Attorney Graham stated that the Council would have to make a decision as who they wanted to take over.
Spulick stated if there was something that came up in the Village and needed immediate attention is that legal according to the charter. Spulick stated he has no problem doing that he just wants to make sure it is legal. We all have to step up in the absence of a manager. Tom, Don & Ruth all step up and do extra things and we need to also if it is legal.
Attorney Graham stated if Terri delegates, to another council member, something that is in her realm of authority then yes it is ok for a member to assist.
Motion by Bemer, support by Spulick, to schedule a Law Enforcement meeting to meet with the Chief about possible adding more officers on some shifts. All members voted in favor. Motion carried.
18. ADJOURNMENT @ 8:35 PM
