MONDAY, JULY 13, 2015


President Wolak called the meeting to order at 7:05 p.m. All rose for Pledge of Allegiance. Present at roll call: Shall, Clark, Coenen, Wolak, Ballard, Cooper, and Boelke. Also present: Clerk Poulos, Treasurer Adair, Jeff Bahorski, Dorie Vazquez-Nolan, Martin Blake, Peter Blake, Paul Blake, Dan Duncan, and Dennis LeMieux.
MOTION by Ballard, seconded by Cooper, to approve agenda as presented.
Paul Blake asked Council when East Main Street will be completed. Ballard stated that is an agenda item that will be discussed later in the meeting.
  • The Building Department submitted its June, 2015, Building Report.
  • Council was provided the Meeting Agenda and Minutes from the June 22, 2015, Preconstruction Meeting for the Prospect/Tietz Bridge Project.
  • Street Administrator Ballard explained that the Prospect/Tietz Bridge Project has an approximate 2 week delay. A box culvert has been ordered but will not be ready until the end of July.
  • Pre-construction meeting minutes of June 22, 2015, for the Prospect/Tietz Bridge Project were provided for Council’s review.
  • Police Commissioner Cooper informed Council that Police Dog Atos was involved in three drug forfeitures and arrests. She also stated that a stolen vehicle has been recovered in the Savage Vehicle Program.
  • Park Commissioner Boelke stated that the Concerts in the Park have been well attended and that last week’s Uncle Sam Jam had a very large turn-out. The Township donated the hot dogs and several dishes were donated. She stated that there are currently 19 sponsors most of which have banners on the fence. She also stated that there are a few maintenance items in the park that she will be bringing back for Council’s approval.
MOTION by Cooper, seconded by Ballard, to approve the consent agenda as presented.
  1. Approval of RCM Minutes of 6/22/15 approved as presented.
  2. Approval of SCM Minutes of 7/8/15 approved as presented.
  3. Payment of Bills totaling $63,642.79 approved for payment as follows:
1. General Fund $ 12,250.48
2. Water Fund $ 13,610.24
3. Sewer Plant Fund $ 24,325.92
4. Sewer System Fund $ 1,116.30
5. Major Street Fund $ 6,201.50
6. Local Street Fund $ 3,402.17
7. Municipal Street Fund $ 2,736.18
Total $ 63,642.79
Dorie Vasquez-Nolan asked Council to consider allowing Care House to use the $500.00 of CDBG Funds allocated in 2014/2015 in another area of the County as, fortunately, they could not use the funds within the Village of Armada. She stated that Care House are child abuse advocates and 90% of children that are serviced are sexual abuse victims. She stated since 1996, Care House has serviced 18 children in the Village of Armada as recently as one child in 2013. She asked Council to consider this reallocation as there are children in Memphis and in Richmond that are currently in comprehensive therapy and this money could be used to help these children. The Clerk reiterated that the fact that Care House could not use the funds allocated by the Village within the Village is a good thing and encouraged Council to continue donating to Care House when allocating CDBG in the future as, unfortunately, a child in the future could require these services.
MOTION by Coenen, seconded by Cooper, to approve the reallocation of the Village of Armada 2014-2015 CDBG Funds totaling $500.00 allocated to Care House for use outside the municipal limits.
Martin, Pete and Paul Blake approached Council regarding connecting a Township property into the Village’s water and sewer systems. Martin Blake gave a brief history of this property and their continued interest in connecting to the Village’s water system. He stated that he would like to give Council a little review of what their project entails and will try to give a brief history as the plans go back a number of years. They are looking for water and sewer hook up to a commercial lot located on North Avenue just south of the Village. He stated that back in 1996 the Blake family approached the Village Council with an opportunity they were presented for Capac State Bank to develop property and open a branch in Armada, which they did, and in order to do this water and sewer needed to be connected to that property. Prior to entering into this agreement, the Blake family met with the Village Council and presented plans for the development of the property. He stated that the plans included two commercial lots, a deceleration lane, and a driveway cut that was split 50% on the bank lot and 50% on the north lot which abuts the Village boundary and is the property they will be discussing today. Those investments incurred by the Blake family included the engineering and rerouting the power pole to the east side of the property and totaled approximately $100,000.00. The Council was presented this information in February 1996 and, at the time, it was for water and sewer hook-up for the two lots according to Mr. Blake. One lot was already under contract with Capac State Bank and the other was to be put up for sale. Blake went on to say that they did receive Council approval at the February 12, 1996 meeting and the tap in fees were paid on the bank property in November 1996. The minutes were researched by the Village office and the information was relayed to Blake’s. Unfortunately, the Engineer’s report and the miscellaneous information attached to it were not able to be recovered. He stated that he was told that the Village does not have a physical records of the Engineering Report but in order to get the water and sewer to the bank property it had to cross the adjacent lot. Blakes are trying to clarify the point from years ago that this property will be allowed Village water and sewer. They are also informing Council that they now have a willing buyer for this property and they would like Village water and sewer but do not have an interest in annexing the property into the Village at this time, which, they claim, would reaffirm what was discussed and agreed upon in 1996. He stated that the sale will not go through without Village water and sewer and they are looking for clarification of what they believe they were granted in 1996, nothing more. He stated that he believes that the proposed Insurance building will be an asset to the community, to which Trustee Coenen inquired why they are not interested in annexing into the community (Village). Mr. Blake stated that, at this time, they are not interested but, in the future, they may be interested in developing the 103 acres surrounding this property into a housing development and annexing all parcels at that time. Trustees Clark and Coenen, Treasurer Adair, and Attorney Bahorski were all on Council in 1996 and President Wolak was the Township Supervisor at that time. Their recollections varied slightly but most agreed that they remember only the bank parcel being discussed, not the other lot. After a lengthy discussion, the Blakes were told that the Clerk would need to investigate old records to verify the Village’s recollection of what was discussed in 1996. This will be brought back to a future RCM when more information is collected.
Treasurer Adair informed Council that she has been notifies by the Macomb County Treasurer’s Office that under the tax revision process the property located at 74266 First Street is being offered to the Village under the option of first right of refusal to purchase for the delinquent tax amount of $12,594.32. She stated that she must give written notice to the Treasurer’s office of the Village’s intent no later than 7/14/15. A brief discussion followed with President Wolak stating that he is not interested in real estate and as the property does not abut any Village property, there is really no benefit to purchasing.
MOTION by Ballard, seconded by Clark, to instruct the Treasurer to contact the County in writing of the Village of Armada’s decision to decline First Right of Refusal of 74266 First Street, Armada, MI 48005.
Street Administrator Ballard informed Council that he is reconsidering his recommendation that the Village not pursue the Scrap Tire Grant as he has been informed by Doug Skylis of Rowe of some options which Skylis is verifying with MDOT. At this time, Ballard has advised Skylis to investigate and he will report back to Council when more information is available.
Street Administrator Ballard informed Council of an issue with the storm drain leading from St. Mary’s Catholic Church parking lot under East Main to a drainage ditch. The steel culvert had to be replaced, as it has completely deteriorated, and was replaced with a cement culvert. Kristen Paulson from HRC informed Ballard that they could camera the drain to see if there is further damage underneath the parking lot. Ballard wanted to get Council’s permission to talk to St. Mary’s and give them the Engineer’s information. President Wolak suggested that Ballard contact the Macomb County Drain Commission to see if there are any funds available to help pay for the Village’s portion. Ballard will talk to St. Mary’s and the Drain Commission and report back to Council with any information obtained.
Street Administrator Ballard informed Council that the East Main Street Project is progressing and is actually a bit ahead of schedule. He stated that there have not been very many complaints and feels the contractor is doing an excellent job. Treasurer Adair did state that it was discussed during the recent Progress Meeting that the road may not be completed to a state to handle the traffic the fair brings and may not be opened to public traffic by the fair.
Attorney Bahorski presented Council with a template for the Non-Competition Agreement for the Salvage Vehicle Inspector with a Village Agreement. He stated that he needs to talk to Police Chief Smith and the Clerk for specifics regarding the Salvage Title Program. He stated that the intent of the agreement is to keep clients with the Village as the Officers and the clients form a relationship and if the Officer leaves the Village the clients could follow them, not remain with the Village. He stated that he will create an agreement for the non-contracted employees also after his discussion with Chief Smith and will hopefully bring back a final draft for Council’s blessing at the next RCM.
A. Police Department Title Changes and Promotions
B. East Main Street Project
C. St. Mary’s Storm Sewer
D. Non-Compete Clause
E. Executive Session to discuss lawsuit
Building Inspector LeMieux stated that the new assisted living at the Village Rehabilitation should be opened soon and he hopes to issue a Certificate of Occupancy by July 20.
Park Commissioner Boelke reminded the Council and the public of Wednesday’s Concert in the Park which will feature Rock Dog Therapy.
No further business.
MOTION by Cooper, seconded by Coenen, to adjourn the meeting at 8:16 pm.
Minutes submitted by:
Michelle Poulos, CMMC
Armada Village Clerk