Village Council Meeting Minutes

A full set of minutes are available at the Village Office.

Council Meeting Minutes Synopsis

August 4, 2008 Public Hearing Minutes

I. Public Hearing One - Adoption of an Ordinance Amendment to Rescind Use of Tax Increment Financing by the DDA Public Hearing called to order at 6:34 p.m. by President Getz. No public comments were made. Public Hearing closed at 6:35 p.m.

II. Public Hearing Two – Approval of a Resolution Establishing Two Commercial Tax Abatement Districts Public Hearing called to order at 6:35 p.m. by President Getz. No public comments were made. Public Hearing closed at 6:35 p.m.

August 4, 2008 Council Meeting Minutes Synopsis

Meeting called to order by President Getz at 6:35 p.m. Opened with the Pledge of Allegiance.

I. Audience Comments - Ken and Brad Mattner were present to ask about the condition of Eagle Crest Development and to share their concerns. Concerns included piles of dirt, if a fence will be placed around the detention pond, the detention pond holding water longer than seven days, garage being used as a commercial building, sidewalk not being finished. President Getz stated that he would contact the Drain Commission and Mr. Eaton about the pond and drainage ditch and about the other issues.

II. Consent Agenda items including July Council Minutes, July Treasurer's Report, Paying of Bills and Transfers and Correspondence were approved.

III. Reports

A. Police Chief

1. Chief Ruhl presented a written report that itemized the complaints in the village for the year to date. A separate report showed the number of times that the village park is checked while an officer is on duty. He stated that the Village is a very safe community. Written report is on file with the council minutes.

2. Adler House - Chief Ruhl reported he had filed a complaint with the State in 2006. He followed-up on the complaints that were made at last month’s council meeting and did not find any issues there.

B. Village Engineer

1. No report from the Village Engineer.

2. President Getz reported that we have received a letter from MDOT regarding the scouring on bridges giving the village three options to handle the issue. Oscar Loveless from Wightman & Assoc., Inc. advised President Getz to go with option three to begin the process of developing a Plan of Action to monitor the scour condition of the Church Street bridge. Motion by Trustee Rath, seconded by Trustee Nye to respond to MDOT by August 30, 2008 that we will prepare a Plan of Action. Motion carried, no nays, one absent.

C. Committees

1. Park

a. Trustee Nye reported that he and a few volunteers have continued to work on cleaning up the park. The sculpture has been installed but is not complete at this time.

b. Music in the Park – There were 115 people who attended the July 27 event. Suggestions have been made to add directional signs and to hold the event later in the day.

2. Finance

a. Treasurer Hemphill reported that taxes paid to date is over $15,000 out of a total of $183,000.

b. Treasurer Hemphill reported that the Sewer O & M Fund ended July with $231,783.04 in checking. She suggested that we transfer $100,000 to the Sewer Improvement Fund and invest to start growing funds for future development and /or repairs. Motion by Trustee Brister, seconded by Trustee Stankiewicz to transfer $100,000 from the Sewer O & M Fund to the Sewer Improvement Fund. Motion carried, no nays, one absent.

c. Treasurer Hemphill reported that she has transferred $100,000 of DDA checking into DDA CD’s.

D. Planning Commission

1. Grier Variance Request - Motion by President Getz, seconded by Trustee Stankiewicz to deny the variance request made by Mr. Grier.Motion carried, no nays, one absent.

2. Burwell Variance Request - Motion by Trustee Rath, seconded by Trustee Sluder to approve the variance request by Mr. Burwell with the condition that the deck be setback at least six (6) feet from the sidewalk. Motion carried, no nays, one absent.

E. DDA – No report

IV. Unfinished Business

A. Rescinding of TIF Plan - Motion by Trustee Rath, seconded by Trustee Sluder to approve Ordinance 161 to amend the Tax Increment Finance Plan dated May 2005. Motion carried.

B. Commercial Tax Abatement - Motion by Trustee Sluder, seconded by President Getz to approve Resolution 2008-2009-4 to establish two (2) Commercial Tax Abatement Districts. Motion carried.

C. Music in the Park – see III., C., 1., b.

D. Land Donation – Nothing to report

E. Miscellaneous – Nothing to report.

V. New Business

A. Miscellaneous – Water Loss - The Village Engineer has stated that a 10% – 15% water loss is normal, however, last year we averaged a loss of 30% and this year is 26%. It was suggested that all meters be checked. Motion by Trustee Rath, seconded by Trustee Sluder to have the maintenance department check all of the water meters by January 2009 and replace any outdated meters. Motion carried, no nays, one absent.

VII. Council Comments

A. President Comments - The Southwest Michigan Planning Commission sent letters to our neighboring communities asking for comments on our Five Year Recreational Plan.

B. Council Member’s Comments

1. No comments from Clerk Mensinger, Trustees Brister, Nye, Rath, Sluder or Stankiewicz.

2. Treasurer Hemphill requested permission to attend the Michigan Municipal Treasurer’s Association Conference from 9/28 – 10/1 at Shanty Creek. Registration cost is $290 and hotel would be approximately $300. Council consensus was to have check into it further.

Meeting adjourned at 7:31 p.m.

Council Meeting Minutes Synopsis

July 7, 2008

Meeting called to order by President Pro-Tem Larry Nye at 6:31 p.m.

I. Audience Comments

A. Matt Craig, the new DPW worker was present to introduce himself to the council members. He also presented a cost estimate on some new maintenance equipment.

B. Mr. & Mrs. Elliott were present to compliment the fireworks display and Music in the Park activities. They also expressed concerned about speeding on Third Street as there are many small children living on that street. They also expressed a desire for more police patrol in the Village Park as there has been some suspicious activity going on at the park and neighborhood.

C. Mrs. Ouellette was present to express her concern over the condition of her neighbor’s back yard with overgrown weeds and abandoned cars. Clerk Mensinger assured her that the enforcement officer would be notified. She also expressed that teenagers are walking through personal properties and showing a lack of respect to adults.

D. Mr. & Mrs. Rob Hunt were present to expressed their dissatisfaction that they are no longer supposed to put their grass clippings in the street. Trustee Sluder told them to put them in the tree lawn for pick up because when placed in the street, the clippings get washed into the storm drains. Matt Craig, DPW worker, was present and suggested that they put the clippings in a large barrel or trash container for pick up. It was also suggested that neighbors put their clippings in a central location for pick up to avoid so many stops by the front end loader.

II. Consent Agenda - A motion was passed to approve the consent agenda items consisting of June Public Hearing Minutes, June Council Meeting Minutes, paying of bills and transfers, Treasurer's Report and correspondence.

III. Reports

A. Police Chief – see written reports on file. He also reported that the fireworks went well and that using the Industrial Park for additional parking went very well and suggested it be used again in future years. Chief Ruhl suggested that we update our sidewalk/bicycling ordinance. A women coming out of the Baroda City Mill was hit by a bicycle riding on the sidewalk. Our ordinance does not cover this.

B. Village Engineer – no report

C. Committees

1. Park – Trustee Nye reported that he received the bill for the park sculpture and repair of another piece that has been donated to the park.

2. Finances - Treasurer Hemphill

a. Budget Amendments – A motion was passed to approve the proposed budget amendments.

b. Quarterly Budget is on file at the office.

D. Planning Commission

1. Grier Variance Request – The Planning Commission denied the request for a variance by Kevin Grier for his garage. The court has ordered the garage moved by July 14, 2008.

2. Burwell Public Hearing – James Burwell has requested a variance for a deck on the front of his house at 1574 Lemon Creek Rd. A public hearing will be held on July 15, 2008 at 6:30 p.m.

3. Entent Spirits LLC Public Hearing – it has been determined that this property does not need to be rezoned so the public hearing has been cancelled.

E. DDA – Trustee Nye stated that a meeting will be scheduled soon.

IV. Unfinished Business

A. Rescinding of TIF Plan - The DDA has passed a resolution to rescind the Tax Increment Finance Plan and recommends that the Council do so as well. Any balance of DDA funds would be used for the Industrial Park Road expense and for a downtown streetscape. A motion was passed by Council to hold a public hearing on August 4, 2008 to review proposed Ordinance 161 to Rescind TIF Plan.

B. Commercial Tax Abatement - Council had previously requested Chuck Eckenstahler to set up two commercial tax abatement areas. Mr. Eckenstahler has provided a map, legal description and policy guidelines. It was by council consensus that instructed Mr. Eckenstahler to add the three lots owned by Daniel Lucker into district one. A motion was passed to hold a public hearing on August 4, 2008 at 6:30 p.m. to discuss the adoption of Resolution 2008-2009-3 to create two commercial tax abatement districts.

C. Music in the Park - The first concert was held on June 22 with Bob Flood performing. Despite the rain there was over 40 people in attendance. The next event is scheduled for July 27 with Trustees Brister, Sluder and Rath hosting. Zion UCC’s Women’s Fellowship will provide the concession stand.

D. Baroda Sign & Building Signs

1. Welcome Sign – Art and Image said they could convert the original one way sign to be a double sided welcome sign for $160. After seeing the sign again, they stated that they cannot do it that way after all and would need to make a new sign for $285. Clerk Mensinger suggested we put this on hold until we get permission from a property owner to put a sign on his property. Council agreed to hold off on this until his permission is granted.

2. A motion was passed to order a "one-way street" sign and "authorized vehicles only" sign from the county for the municipal building.

E. Miscellaneous - Park Benches – Trustee Brister brought up the issue of purchasing additional park benches. Trustee Nye stated that we would be ordering more benches for the park if people were willing to sponsor the cost of the benches. Trustee Brister also pointed out that the wooden bench at the park is in bad shape and should be removed.

V. New Business

A. Maint. Dept. Cell Phones - A motion was passed to add a third line to our Alltel account for the additional DPW worker.

B. Land Donation - A resident in the village would like to donate a portion of her property to the village. This land is a partial wetland. This donation would be a minimal tax loss to the village. Possible uses of this land would include parking for fireworks, a park, etc. The resident has agreed to pay for the cost of a survey. Additional costs would include transferring of the deed, etc. A motion was passed to accept the land donation.

C. Sonoma Court Street Signs - We received a call from one of the residents on Sonoma Court requesting that speed limit signs and children at play signs be installed on their street. It was council consensus to order signs through the county.

D. Ordinance 159 – State Construction Code - A motion was passed to adopt Ordinance 159 Designating the Village as the Enforcing Agency of State Construction Code.

E. MI Liquor Control Commission Resolution - Leonard Olson has requested a small wine maker liquor license through the Michigan Liquor Control commission. A motion was passed to adopt the resolution recommending that a small wine maker license be issued by the Michigan Liquor Control Commission.

F. Miscellaneous – none

VI. Council Comments

A. President Comments as presented by Clerk Mensinger In President Getz' absence.

1. A thank you note was read by Sharon Tyler.

2. Educational Opportunities - Cornerstone Alliance – The 7 Habits of Highly Effective People – 10/23/08; MEDA – An Economic Development Course – 9/3-11/08; and MML Annual Convention – 10/2-4/08. Trustee Turney expressed interested in the Cornerstone opportunity.

3. Enforcement Issues - President Getz asked for direction on Adler Home and Lakeshore Die Cast. Consensus was to turn it over to the Enforcement Officer.

5. DPW Rules - Trustee Sluder created a list of DPW rules to President Getz. President Getz added the item regarding the creek banks and is asking for a council consensus on the rules. It was a consensus to approve the rules and to post the rules at the Maint. Building.

B. Council Member’s Comments

1. No comments from Clerk Mensinger, Trustees Brister, Stankiewicz and Sluder.

2. Treasurer Hemphill requested clarification on some personnel issues to be added to the Personnel Manual.

3. Trustee Turney complimented the Fire Department for the great fireworks display.

4. Trustees Nye and Rath also complimented the fireworks display and the Police Department for the great traffic control.

5. Trustee Nye reported that a citizen reported a young girl smearing mud on the walk bridge and turned in a picture of the girl. Efforts will be made to track down who this person is.

Meeting adjourned at 8:31 p.m.

Public Hearing - June 2, 2008

Public Hearing called to order at 6:57 p.m. by President Bob Getz.

Public Hearing – Millage

There was no public comment.

Public Hearing closed at 6:58 p.m.

Council Meeting - June 7, 2008

Business Awards & Reception

Community Spirit Awards - Roger Zilke of Zilke Brothers Nursery and Jim Florian of Quality Mold & Engineering

Outstanding Business Awards - Scott Geiger of Brunke Geiger Heating & Cooling and Rodney Nitz of Midwest Die

Certificates of Recognition - Bob Gast – celebrating 40 years in business, Stacey Stubblefield & Audra Johnson – Hometown Deli & Catering, Ruth Semones – The Root Seller

A short reception followed the presentation of the awards.

Meeting called to order at 6:52 p.m. by President Getz. Opened with the Pledge of Allegiance.

I. Millage - Treasurer Hemphill reviewed our option for levying an operating Millage in 2008. She proposed that we increase the Operating Millage by .2224 mills. Motion by Larry Nye, seconded by Mona Stankiewicz to approve the Resolution 2008-09-3 – Proposed Increase Operating Tax Millage. Motion carried.

II. Audience Comments - Bruce Hipshear was present to introduce himself as a candidate for the 78^th District House of Representatives.

III. Consent Agenda - Motion by Ed Rath, seconded by Milt Sluder to approve the consent agenda items (minutes, Treasurer's Reports, paying of bills and transfers and correspondence). Motion carried, no nays.

IV. Reports

A. Police Chief – written report on file.

B. Village Engineer – nothing to report.

C. Committees

1. Park

a. Trustee Nye reported that there is a push to get as much done at the park as possible before the first Music in the Park on June 22. Footings for the walk bridge lights have been poured and hopefully be installed by the 22^nd.

b. Art in the Park – Trustee Nye stated that he hopes to have all of the money collected for the sculpture.

2. Finance – Treasurer Hemphill

a. The Final Budget (post audit) is on file in the office.

b. The Berrien County Treasurer’s Association will be meeting on Wednesday at Lake Township Hall at 10 a.m. The topic will be “Building Michigan’s Economy One Municipality at a Time”. Council members are invited to attend.

c. Treasurer Hemphill requested direction regarding the water bill for the residence at 8979 Second Street. The owner has an outstanding bill of over $400 and has filed bankruptcy. Somehow, the bill was missed in the bankruptcy proceedings. It was a general consensus to put the past due account on the 2008 taxes.

E. Planning Commission – Trustee Rath reported that the Planning Commission would be holding a Public Hearing for Kevin Grier on June 17, 2008. Mr. Grier is requesting a variance on the set backs for his garage.

F. DDA - Chuck Eckenstahler of McKenna Associates was present to explain the DDA’s resolution to suggest to Council the rescinding of the Tax Increment Financing Plan and the establishment of a Commercial Tax Abatement Program. He presented a proposed resolution to Establish a Commercial Rehabilitation Tax Abatement District and an Ordinance to Amend the DDA’s Development Plan and Tax Increment Financing Plan Dated May 2005. He explained that if we voted to follow through with this proposal, that the TIF District would be disbanded at the end of the 2008 calendar year which would allow us to still capture the 2008 taxes. We would also need to develop Commercial Tax Abatement Districts. Motion by Ed Rath, seconded by Claudia Brister to have Mr. Eckenstahler meet with President Getz to develop a district map and further details to be discussed at the July Council meeting. Motion carried, no nays.

V. Unfinished Business

A. Southwest Michigan Planning Commission - Motion by Ed Rath, seconded by Mona Stankiewicz to have the Southwest Michigan Planning Commission conduct Paser Ratings on our local streets for $295. Motion carried, no nays.

B. Miscellaneous

1. Park Rules – Clerk Mensinger presented two bids to do the park rules sign.Motion by Bob Getz, seconded by Don Turney to contract with Art and Image for the park rules sign. Motion carried, no nays.

2. CJ’s Quick Mart Liquor License – At last month’s meeting, Chief Ruhl reported that he had to recommend to the Michigan Liquor Control Commission to deny the liquor license transfer because there was not a second door in the store. Larry Nye reported that the building’s owner has installed the second door. Clerk Mensinger will check with Chief Ruhl on the status of the transfer.

VI. New Business

A. Millage - Motion by Ed Rath, seconded by Bob Getz to set the 2008 Operating Millage Rate at 9.9 mills. Motion carried. Motion carried.

B. Gerbel Audit Review - Mr. Gerbel was present to review the 2007-2008 Financial Report. He stated that we have a five-month reserve, which he felt was very good. Note: copies of the complete Financial Report are available in the Village Office.

C. Legion Easement - President Getz reported that he has been contacted by a Legion representative regarding the easement they granted us for the sewer line to the south of Select Tool & Die. The dirt used to fill in by the contractor is very rocky and does not have any grass growing on it and they would like to have topsoil and grass seed put down. They have offered to pay for half of the expense. The Council consensuses was that this was the Village’s responsibility and that we would pay for the materials and have our staff do the work.

D. Health Insurance Deductible Policy - Treasurer Hemphill explained that the new maintenance employee is eligible for health insurance beginning July 1, 2008 and questioned how much of the deductible we are going to fund. It was the Council’s consensus to prorate the deductible for the year and to pay it all in one lump sum.

E. Miscellaneous - Clerk Mensinger asked if anyone was planning to attend the workshop on Wednesday, June 11 at Lake Michigan College for training on the Zoning Enabling Act. So far we have Bob Getz and Don Turney attending and possibly Doug Mensinger.

VII. Council Comments

A. President Comments

1. President Getz and Trustee Sluder looked at the swale on Sonoma Court and recommended to Council to have a 10-inch tube installed from the Love’s property line to the detention pond with our staff doing the work. It was the Council’s consensus to have this work done.

2. President Getz suggested with gas prices so high, that we have the Street Department limit the number of days they pick up grass clippings to one day a week. It was agreed to have this day be on Thursday weather permitting. Clerk Mensinger will put an announcement in the newsletter.

3. County Board/Commission Openings – They have several positions open on the Road Commission, Lakeshore Coordinating Council Advisory Committee and the Solid Waste Planning Committee.

4. Lakeland HealthCare is offering a “WE CAN” program. An introductory meeting will be held on Tuesday, June 24, 2008.

B. Council Member’s Comments

1. Clerk Mensinger announced that she would be out of the office part of next week to attend the Michigan Association of Municipal Clerks conference at Crystal Mountain and thanked the Council for allowing her to attend.

2. No comments from Trustees Brister, Turney, Rath, Stankiewicz or Sluder.

3. Treasurer Hemphill stated that her workweek would be disrupted next week due to her father’s surgery.

4. Trustee Nye stated that we need to have the walk bridge painted due to graffiti. Milt Sluder will talk with the Maint. Dept. about this.

Meeting adjourned at 8:40 p.m.

May 5, 2008

I. Audience Comments – none

II. Consent Agenda Council approved the Consent Agenda items which includes the April Public Hearing and Council meeting mintues, paying of bills and transfers, Treasurer's Report and correspondence.

III. Reports

A. Police Chief

1. Chief Ruhl conducted a Michigan Liquor Control Commission inspection at CJ’s Quick Mart on May 2, 2008. At this time, he must recommend to the MLCC due to there not being a second exit. Clerk Mensinger has notified the involved parties for correction of this issue.

2. Ed Rath requested BLPD to investigate further a complaint of a resident target shooting within the Village Limits. Chief Ruhl agreed to do so.

B. Village Engineer - In the absence of Mr. Carlisle, President Getz brought Council’s attention to the Biennial Bridge inspection and that some work will need to be done on the two bridges. Milt Sluder, Street Administrator feels that our maintenance department can handle this work.

C. Committees

1. Park – Trustee Nye

a. The Park Work Day was held April 19 and several trees were planted, general clean-up and maintenance were completed. There is still work to be done.

b. Several trees were donated by Roger Zilke of Zilke Brothers Nursery and by Dave Fritzof Country Acres Nursery. Also Chemical Bank donated 20 small white pine trees to the village.

c. HFS Tractor Sales and Service has donated $100 to the Art in the Park project.

d. Quality Mold & Engineering has donated $3,600 to the 5-Year Community Recreation Plan projects. He has specified that the money be used to purchase a volleyball net, grills and benches.

2. Finance – Treasurer Hemphill - The audit has been completed and we will have Mr. Gerbel at the June 2 council meeting to review the financial audit report.

D. Planning Commission – See IV. Unfinished Business, B and C

E. DDA - Chuck Eckenstahler made a presentation to the Council about the possibility of granting Commercial Tax Abatements. Council consensus was to have Mr. Eckenstahler present the proposal at the next DDA meeting on Tuesday, May 20, 2008.

IV. Unfinished Business

A. Select Tool & Die Rezoning - Motion by bob Getz, seconded by Ed Rath to rezone the properties at 9154 and 9150 First Street from Commercial to Light Industrial. Motion carried.

B. Zion UCC Variance Request - Brad Reitz reviewed the proposed building plans for the council. Motion by Ed Rath, seconded by Larry Nye to grant the variance from the existing zoning requirements in order to construct an addition on the north east corner of the existing structure. Motion carried.

V. New Business

A. Southwest Michigan Planning Commission - tabled

B. Millage – Treasurer Hemphill - Treasurer Hemphill reported that we will vote on the proposed Millage at the June 2, 2008 meeting. The county has not released the Headlee figures as yet. She is recommending that we levy the maximum amount allowed.

VI. Council Comments

A. President Comments - President Getz announced a Citizen Planner training event for June 18 & 19.

B. Council Member’s Comments

1. Clerk Mensinger

a. Reported that she attended the MML Region 2 Seminar on April 25 and that is was very informative. She also handed out two bills that that are being considered in the House and comments from Summer Minnick, Director of State Affairs, MML.

b. Received an email from Donna Mead requesting minutes for April 2, 2007 Council meeting giving approval for the installation of parking bumpers at the Post Office.

c. Clerk Mensinger has a meeting scheduled for next week with Naomi Franzman regarding the proposed streetscape project Mrs. Franzman has suggested.

d. Clerk Mensinger handed out a flyer on the new Zoning Enabling Act for the Council and Planning Commission.

e. Clerk Mensinger reported that the Industrial Park was the featured property on the Berrien County Community Development website last month and it received 57 hits.

C. No comments from Treasurer Hemphill, Trustees Turney, Brister, Nye, Stankiewicz or Sluder.

D. Trustee Rath reported Mr. D’Agostino has done some repair work on the swale between his property and the Love’s, but may have damaged the drainage ditch in the process. He requested President Getz to look at it.

Meeting adjourned at 7:50 p.m.