Village of Oxford
Minutes of Regular Council Meeting
March 27, 2012
A regular meeting of the Oxford Village Council was called to order by President Tom Benner at 6:30 p.m. in the Oxford Village Council Chambers, 22 W. Burdick, Oxford, Michigan.
1. Pledge of Allegiance and a moment of silence for our men and women in armed forces.
2. Roll Call:
Present: Councilmember’s: Albensi, Bailey, President Benner, Helmuth, Stephison
3. Approval of Minutes
Motion by Council member Albensi and second by Council member Helmuth to approve the minutes of the regular Council meeting of March 13, 2012.
Motion carried by voice vote.
4. Approval of Agenda
Motion by Albensi and second by Bailey to accept the Agenda as amended to move 7C1 to 10E and to move 10G to 14A and to correct “next meeting date” to April 10, 2012.
Motion carried by voice vote
5. Public Hearings/Presentations – none
6. Call to Public: non-agenda items
· J. Duval, 37 Dennison: museum property. If this property is placed on the ballot for sale, most likely the public will want it sold. The future of the museum will be in jeopardy.
· Bailey: value the input from the audience.
· Larry Dick: 120 Dennison, The DDA mission statement has emphasis on preserving the historic nature of the village. Lake Orion is ahead; it is on the national historic record and can get matching federal grants. None of the local websites has a mention of the historical museum. This museum is not different from other museums for times open and such.
· K. Stephison: clarify the DDA has no intention to shut the museum. The DDA is in the process of getting on the National Trust, takes 2-3 years, and will give up individual control on items like paint color. Attendance at the DDA meetings would be appreciated to have an understanding. Have placed everything on the table and this building should be on the table as it belongs to the village.
· T. Benner: clarified the role of the members on the DDA board and on the council. Setting up a committee to receive suggestions. Different suggestions to keep the museum open, some are with a coffee shop or gift shop. Residents are paying the way of the museum, they should decide the fate.
· D. Bailey: if an item is on the ballot to sell, does not mean the property will be sold, the council cannot sell the property until the residents give their approval, and council would be able to only sell then.
· Duane Salswedel, 105 Dennison, would like to make improvements but can’t until this is resolved.
· Chuck Schneider: business and property owner, researched the whole issue of the museum. Would like to see the museum open longer, in a larger space to display more items, would like Society to buy property and begin fundraising to become self supporting. Willing to give $2000 in support of the museum purchase, no one is lining up to back me and support museum by purchasing the property. More than happy to donate my building so they can sustain themselves with fundraising operations. Compare with the DIA and apply their best practices, constantly raise money, sell items that are duplicates. We are here to help and do the right thing for the village and the taxpayers, buy the building and will be set for life and not worry about the lease and moving.
· Susan Bossardet: read letter in support of the museum. Does not support the suggestion by placing a coffee shop or restaurant in the building; get other businesses to open later. Stop worrying on how the past was formed - concern on the future-the people involved in the beginning are no longer here.
· J. Duval, 105 Dennison, if action is taken on selling - must be taken by May 15, only 3 meetings left
· M. Helmuth: have improved the property; create a membership plan, in favor of a bigger building that is in better shape. Encourage you to let other people know what you are doing. If you need help ask for it, there is help out there. Chuck wants to improve this village and I support his efforts. There is support for the museum but are not letting anyone know of projects and future plans is a problem
· K. Stephison: Director is hired to improve the downtown -she makes suggestions and brings up topics- not all are favored, but that is her job. Talk is how things move forward. Do not hold opinions against the DDA or the Director because you do not favor the idea, DDA encourages all ideas-for discussion and planning
· T. Benner: support Chuck Schneider for his work and time- bringing this forward for discussion and possible solutions for everyone
BREAK AT 8:15pm to 8:25pm
7. Consent Agenda Items
A. Correspondence:
B. Letters, Reports and Minutes-
C. Board, Commission & Committee Updates:
DDA - Lawrence Tech Design studio came in and looking over the Master Plan and will give suggestions. The Branding Campaign was presented and approved the suggested logos
Planning Commission – have not met
ZBA –no meeting
Polly Ann Trail – met last week and Pauline Walka and is leaving, recognized from L. Brooks Patterson called her the “Mother of the Polly Ann Trail”, seeking input on an open house, no Rural Pearl event-lack of support
NOTA – hired a new director, was the CPA for years and has applied for 3grants for smaller vehicles and gave 30 employees 1 more day vacation.
OAYA – meeting last week, several events planned-summer camps and garden events. Nominate a youth- grades K-12 for recognition.
Cable Commission- discussion will follow
CDBG: nothing new to report, projects on the sidewalk will begin this spring.
Motion by Council member Albensi and second by Council member Helmuth to accept and file the correspondence, letters, reports, and minutes.
Motion carried by voice vote.
8. Bills:
Manager answered questions on invoices
Motion by Albensi and support by Helmuth to approve the bill run dated March 23, 2012 for $36,729.17.
Roll Call:
Ayes: Helmuth, Stephison, Albensi, Bailey and President Benner
Nays: none
Motion carried.
9. Unfinished Business –
A. Property Proposal -27 Pleasant Street
Manager updated the negotiating and the plan for the parking lot layout; the written commitment for the property next door 33 Pleasant St. will check on the setback concerning the wall and bring back to council.
10. New Business
A. Second Reading and Adoption of Proposed Ordinance Amendments:
i. Zoning Ordinance #307, Article I , Section 1.6 (medical marihuana)
Manager discussed the opinion from attorney Robert Bunting concerning the legality of medical marihuana for enterprises or purposes that are contrary to federal, state, local laws or ordinances are hereby expressly prohibited. Would ask this council that this Ordinance amendment is to be given immediate effect to promote the health, safety and welfare of the community.
Motion by Albensi and second by Helmuth to approve for second reading and adoption the proposed Ordinance Amendment to Article 1 Section 1.6 regarding Conflicting Provisions regarding medical marihuana and amend the word “expressed” to “expressly” in the Ordinance language.
Roll Call vote:
Ayes: Stephison, Albensi, President Benner, Helmuth
Nays: Bailey
Motion carried.
ii. Zoning Ordinance #307, Chapter 4 Section 3, R-3 Setback corrections
Manager: error correction on the setback from the graphic presentation and the wording.
Motion by Albensi and second by Bailey to approve for second reading and adoption the proposed Ordinance Amendment to Article 3 Section 1 regarding R-1, R-2, R-3 Setback requirement corrections.
Roll Call vote:
Ayes: Albensi, Bailey, President Benner, Helmuth, Stephison
Nays: none
Motion carried.
B. Temporary Outdoor Service Permit- Oxford Tap for DDA May 16-20 Event
Concern on the dates and the two events Backyards and Burgers and Celebrate
Motion by Albensi and second by Bailey to approve of the temporary additional bar for the Oxford Tap request in the SE Quad Parking lot on May 16 -20 as part of the Hamburger Festival (Backyards and Burgers) subject to approval from the MLCC and upon inspection approval by the Oxford Fire Department and any additional requests for outdoor events be brought back to council.
Roll Call vote:
Ayes: Helmuth, Stephison, Albensi, Bailey, President Benner
Nays: none
Motion carried
C. Request for Water Tower Warranty Inspection
Manager stated the one-year warranty items needed to be inspected- two methods drain the tank and remote vehicle and not empty the tank – the remote vehicle method is a $300 more than to empty
· Benner: if the tank is not emptied- and there is a problem would have to empty the tank. Empty tank, clean it, get the company to inspect and repair at the same time, will be down for less time
· Albensi: company would have to pay for the warranty work either way, will cost more than $300 to drain the tank and refill, better not drain the tank and remotely inspect, and if there are no problems there won’t be any down time.
Motion by Albensi and second by Bailey to approve the water tower paint warranty ROV method inspection proposal from Nelson Tank Engineering & Consulting, Inc. in an amount not to exceed $2,300 and authorize the Village Manager to sign the contract on be-half of the Village, subject to review by the Village Attorney.
Roll Call vote:
Ayes: Stephison, Albensi, Bailey, President Benner, Helmuth
Nays: none
Motion carried.
D. Tax Collection Posting Agreement with Oxford Township
Manager: contracted the township for posting and settling taxes, kept Village in balance. Both communities pleased with the method and proposing $1.50 per parcel same as the school district cost.
Motion by Albensi 2012 and second by Stephison to approve the agreement for 2012 property tax collection postings and settlement with the Charter Township of Oxford at a rate of $1.50 per parcel and authorizing the Manager to sign the agreement subject to the review and approval of the Village Attorney.
Roll Call vote:
Ayes: Albensi, Bailey, President Benner, Helmuth, Stephison,
Nays: none
Motion carried
E. Cable Commission Interlocal Agreement and By-law Amendments - Agenda amended move 7c1 to 10E.
Manager: Interlocal Agreement brought the 9-member board down to a 5-member board and updated the bylaws.
Motion by Albensi and support by President Benner to approve the Interlocal Agreement for the Formation and Operation of the Oxford Area Cable Communications Commission.
Roll Call vote:
Ayes: President Benner, Stephison, Albensi,
Nays: Bailey, Helmuth
Motion carried.
Agenda item 7C1
Cable Commission is a 5-member board. Need one member with an alternate
· Bailey stated would prefer to be the alternate on the commission
Motion by Albensi and second by Bailey to name S. Bossardet as board member and D. Bailey as alternate on the Cable Commission.
Motion carried by unanimous voice vote.
F. Monthly Financial Budget Report and Budget Amendments
Manager stated that financials are current and supplied the fund balances with this report - the amounts were previously approved but need to make budget adjustments to the funds to bring them in line with expenditures
Motion by Albensi and support by Stephison to approve the budget amendments as presented with amended budget appropriation fund totals as follows:
Fund Amount Note
General Fund $1,886,664 $905 increase state rev. & Clerk Asst. April
Major Street Fund 168,673 no change
Local Street Fund 96,286 no change
Municipal Street Fund 231,774 no change
Street Capital Project Fund 11,720 no change
Police Fund 833,909 no change
Drug Forfeiture Fund 4,162 increase of $662 - equipment
Communications Fund 290,717 increase $7,763 - insurance coverage
Sewer Fund 1,362,327 increase $9,615 - interceptor debt service
Water Fund 1,171,689 increase $15,000- well renovation
Motor Equipment Fund 374,260 no change
Parking #4 Fund 45,363 no change
Total $ 6,477,844
DDA Funds- Operating 584,823 no net change (sheets attached $14,924)
- Debt Service 143,437 no change
Grand Total All Funds $7,206,104
Roll Call vote:
Ayes: Helmuth, Stephison, Albensi, Bailey, President Benner
Nays: none
Motion carried
G. Clerk performance review- closed session requested -(move to after item 14)
11. Public Comments:
Susan Bossardet commented on the museum
12. Manager’s Report- community water rate schedules were handed out for comparison-there is an Industrial Waste rate sheet - to look at rates for future discussion as these costs will be passed on. There are also handouts on the ballot language for 98 Glaspie and this complex.
13. Clerk’s Comments: discussed the outstanding balance for water billing and how balances have gone down from July 2011 from $111,884.96 to $63,170.00 current. Discussed method of keeping the balances as low as possible. “Shut off” is our last recourse for those not paying.
· Benner: would like to see the water shut off for accounts that do not arrange for payments.
· Albensi: in agreement and anyone no matter who, should be shut off
· Manager: are making payment arrangements and have shut off when all avenues of collection have been exhausted.
14. Council Comments:
Stephison: my absence has been noted and changes to my company’s corporate structure and for personal reasons I am tendering letter of resignation - to be fair to residents and council
Albensi: I am sorry for this decision, and I am aware there is a procedure for this and must be on the next meeting agenda
Benner: appreciate your wisdom and your time spent on council-you have been beneficial to this council, surprised at this decision
Clerk performance review- closed session requested -(moved to after item 14)
Motion by Albensi and second by Helmuth to enter closed session for the Clerk Performance Review and for a portion of the review to include Manager Joe Young.
Roll Call:
Ayes: Stephison, Albensi, Bailey, President Benner, Helmuth,
Nays: none
Motion carried.
Enter closed session at 8:51 pm.
Motion by Albensi and second by Helmuth to Exit closed session at 9:51 pm.
Motion carried by voice vote.
15. Adjournment:
Motion by Council member Albensi and support by Council member Helmuth to adjourn meeting
at 9:49 pm.
Motion passed by voice vote.
Tom Benner-Village President Susan C. Nassar-Village Clerk
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