Village Council

Village Council

Village Council

APPROVED Minutes

February 27, 2017

VILLAGE OF ORTONVILLE

Village Council - Regular Meeting

Approved MINUTES as Presented

395 Mill Street, Ortonville, MI 48462

February 27, 2017 – 7:00 P.M.

President Wills called the meeting to order at 7:03 p.m. The Pledge of Allegiance was led by Trustee Dylus followed with the Invocation by President Wills.

Roll Call:

Trustees Present: Brice, Butzu, Dylus, Eschmann (8:45 p.m.), Sleva, Wills

Absent: Skornicka (with notice)

Also Present: Village Manager David Trent, Village Treasurer Beth Forys, Village DPW Supervisor Robert Hauxwell, Building Official William Dinnan, Legal Counsel Charles Boike-Simen, Figura & Parker, Executive Director Matt Jenkins-Downtown Development Authority, Lieutenant Greg Glover- Oakland County Sheriff‘s Office, Chief David Kwapis-Brandon Fire Department, Director Fred Waybrant- Brandon Township Parks and Recreation and 21 members of the public.

Approval of Agenda:

*Motion by Dylus, seconded by Butzu to approve the agenda as presented.

All in favor, motion carried

Approval of Council Minutes:

Minutes of the Village Council-January 23, 2017

*Motion by Brice, seconded by Butzu to approve the Minutes as amended to include Mr. Gregory’s exact wording under Old Business paragraph one.

All in favor, motion carried

Acceptance Items:

Treasurer’s Report

Disbursements:

*Motion by Dylus, seconded by Brice to approve disbursements from January 13, 2017 to February 15, 2017 in the amount of $19,445.95.

Roll call vote:

Aye: Brice, Butzu, Dylus, Sleva, Wills

Nay: None

Motion carried 5/0

Items from Trustees: (Subcommittee Updates)

Trustee Sleva provided an update on the Downtown Development Authority and

Friends of AMOS.

President Wills provided information regarding the Downtown Development

Authority’s annual Main Street evaluation

Trustee Butzu provided an update on the Fire Authority Board election, noting Village

Manager David Trent and Kathy Thurman were elected to the positions of Secretary and

Chairman respectively.

Trustee Brice none

Trustee Dylus none

Public Comments: (Agenda Items)

Karen Harrison, 165 Crescent Hill Drive – Addressed Item A. under New

Business: Law Enforcement Report – Ms. Harrison asked OCSD Lt. Glover for statistics

on the number calls received from Groveland Township for assistance and what

percentage they were of total calls received at the substation. Lt. Glover responded that

on occasion there are calls for assistance but the substation does not routinely receive

calls from Groveland Township. He approximated there have been 20-25 runs for

assistance to Groveland Township in the previous eighteen months.

Under Item E., New Business: Michigan Natural Resources Grant - Ms. Harrison asked

who will be providing security and maintenance along the proposed Iron Belle Trail.

She also expressed concern for the condition of the Village roads, she also prefers those

issues are fixed before the Village takes on any new projects.

Cherie Wibley, 171 Ball Street – Addressed Item C. under New Business:

Engineering Tube Specialties Environmental Report – Ms. Wibley indicated that the

business is becoming an eyesore and asks if the Village can push to get it cleaned up. She

expressed concern that it is bringing down her property value. President Wills asks

Manager Trent to follow up on the issue.

Kathleen Johnson, 120 Narrin – Also addressed Item C. under New Business - Ms.

Johnson lives across the street from Engineering Tube Specialties, noting that at the

time, there were about 18 black barrels along the side of the road as well as some tires.

There was concern that the barrels contained toxic material. She stated that the business

is an eyesore and has been that way for years. She notes that they overfill their garbage

containers and debris encroaches on everyone’s property.

New Business:

  1. Law Enforcement Report – Lt. Greg Glover (handout)

Lt. Glover provided the 2016 year end Law Enforcement Report for the Village. The number of dispatch calls increased by 67 from the previous year, there were a total of 995 calls within the Village. Lt. Glover noted numbers in the Traffic Report were the Township and Village combined. In 2016 there were a total of 1422 citations written, a 35% increase from the previous year. A full copy of the report with the breakdown of the types of violations was provided to the Trustees.

Lt. Glover also provided an update of the OCSO School Liaison indicating that from September 2016 to January 2017 (for the 2016/2017 school year) there have been 90 incidents, of which 38 were written reports where there was some type of investigation. He noted that for the entire 2015/2016 school year there were a total of 91 incidents, indicating that there will be a substantial increase for the current school year. Lt. Glover indicated that the Liaison officer is assigned to all Brandon schools and the position office will return to the High School. Deputy Hubble is replacing Detective Overall.

Lt. Glover noted that in 2016 the Brandon Substation had the highest clearance rate of all Oakland County substations.

Lt. Glover answered questions from Trustees Butzu and Brice as well as from a resident.

  1. Fire Department Report – Fire Chief David Kwapis (handout)

Chief Kwapis provided the 2016 yearend report for the Village. He highlighted the purchase of six new cardiac monitors. He also noted that after 43 years of service, Captain Schudlich retired. Chief Kwapis noted the replacement of the parking lot at Station 2 and the main apparatus of the bay roof at Station 1.

The Fire Department continues to provide EMS standby for all Junior Varsity and Varsity football and soccer games and also for the Junior Blackhawks football program. Also highlighted was the continued participation in the University of Michigan Burn Center annual golf outing to benefit youth burn victims, sending them to burn camp and other programs where they can interact with other burn victims. The Fire Department raised $6,000 in 2016.

Chief Kwapis outlined the number of calls run in 2016, 1232 an increase of 97 from the previous year, the highest increase the Department has seen. Medical

calls account for 66% of call volume. There were 19 structure fires at 2% of call volume. Chief Kwapis touched on the recent increase of heroin overdoses

and the Department's response to those calls. Chief Kwapis answers President Wills question that paid-call staff is used for EMS back-up to sporting events. There is additional pay for that staff and the Department is not reimbursed by the athletic department. The annual cost is approximately $3,500 per year.

C. Engineering Tube Specialties (ETS) Environmental Report (handout)

Mike Smith of Applied EcoSystems, Inc. (AES) G-4300 South Saginaw Street, Burton, MI 48529, provided to Manager Trent the most recent report that was supplied to the Department of Environmental Quality (DEQ) on February 6, 2017. The report represents the work that AES has completed over the course of the last two and one half years at ETS working directly with the DEQ. In summary they have completed 36 soil and ground water sample points; they have completed approximately 100 soil and ground water samples. They are looking for the extent of possible release of chlorinated solvents into the ground. To date the only areas of contamination found are the extreme northeast corner of the ETS facility and immediately across the street to the east in front of 144 Narrin Street. Mr. Smith noted that it is an ongoing investigation. AES installed a couple of wells on February 27, 2017 and did some air sampling inside the residence at 144 Narrin. AES is working hand-in-hand with the DEQ to figure out what the extent of the issue is and what corrective action is necessary.

Mr. Smith indicated that there are a number of plumes in the area. The original discovery was in 1989 at the CMS station on M-15. DEQ started an investigation and spent about ten years investigating and found a few other possible plumes, one that they thought may have originated at the ETS facility. ETS came to an agreement with the DEQ to undertake certain investigations to find out exactly where the plume originated and what needs to be done about it. Mr. Smith gave an in depth history of the project and explanation of well sample locations on a map he provided and indicated that the cost has been the sole expense of ETS.

Mr. Smith provided an update on recent findings of low levels of contamination at boring site SB-29 and found that contamination at the residence of 144 Narrin exceeds save levels for drinking water. Mr. Smith concludes that more investigation is necessary before corrective action can be recommended.

The next report due to the DEQ is March 31, 2017. The test borings map will be made available on the Village website. Updates will be made available as they occur. Mr. Smith expects results back from the most recent testing back by March 15, 2017, at that time it will be determined if test wells will need to be installed further to the east on Ball Street. Mr. Smith indicated that the soil and water testing is being performed by Quantum Labs in Wixom, MI. Air samples will be analyzed by Fiber Tech in Holt, MI.

Mr. Smith indicated that barrels along the roadside contain soil left over from test well borings and are being placed in containers as an abundance of caution. They will be removed from the site at the end of the current testing phase.

Mr. Smith confirmed that the Village will receive updated reports in conjunction with the reports being submitted to the DEQ. He also indicated that he feels it unlikely that additional contamination of other resident’s drinking water will be found.

Mr. Smith addressed the concern of a citizen asking if the plume and investigation had any impact on the Genesis Medical Center next to ETS. He stated that they were two separate incidences, the one at the medical center resulting from a fuel oil spill from a back-up generator.

A citizen whose residence is in the area of Narrin and Mill streets addressed Mr. Smith inquiring why his well had to be installed at a depth of 120 feet. President Wills with Chief Kwapis responded that it was likely the cause of contamination from a steel business that previously operated in the area.

D. Recreation Passport Grant (handout)

Fred Waybrant, Director, Charter Township of Brandon, Parks and Recreation reviewed a proposal for the MDNR Recreation Passport Grant for the Sherman Memorial Park renovation project. The areas of upgrade would be:

  • ADA accessibility of the parking area
  • LED lighting and switches
  • Counter area will be upgraded to be height accessible for wheelchairs
  • Concession and storage areas would be redesigned
  • Air hand dryers would be installed and sinks lowered in restrooms
  • Trash cans would be replaced with recycled plastic
  • Display case will be lowered and replaced with recycled plastic.

Director Waybrant indicated that there is a very good possibility of the Grant being approved as this is a restoration project. This is a project that the Village has supported in previous years. The Grant application is in the amount of

$30,000 with the Village obligation to be in the amount of $3,750 if the application is approved.

*Motion by Dylus, seconded by Wills to adopt Resolution 2017-02-27 approving the grant match and application submission for the MDNR Recreation Passport Grant for the Sherman Memorial Park renovation project. If the grant is approved the Village’s financial obligation would be $3,750 and would be built into the 2017-2018 budget year.

Roll call vote:

Aye: Sleva, Wills, Brice, Butzu, Dylus

Nay: none

Motion carried 5/0

E. Michigan Natural Resources Grant (handout)

Manager Trent requests approval to pursue two grant opportunities with the Michigan Department of Natural Resources requiring a public hearing prior to April 1, 2017. Trent had dialogue with Brandon Schools Superintendent Dr. Matt Outlaw regarding the possibility of acquiring property currently owned by the school district that fronts South Church Streets across from the Post Office. A grant application can be submitted through the Michigan Natural Resources Trust Fund to acquire land that would provide a regional public outdoor opportunity. The property owned by the school district is adjacent to the existing 47 acre Village Park.

Director Waybrant noted that he attended the Land Acquisition awards last year and all 40 applicants were awarded grants totaling $56,000,000.

Manager Trent indicated that there is an additional opportunity to acquire the property at 25 South Church Street (also known as the Red Barn property) and incorporate it into the overall Iron Belle Trail project.

Trent answered questions from Trustees regarding the possible cost indicating that there is a market analysis currently being done on the properties to determine the per acre value. Brice noted that the school is currently only using the parcel for science projects and they could continue to do so if the Village was to acquire it.

President Wills clarified for the public that the current Village Park is also known as the ‘cedar swamp’ by the Post Office and that it is designated a recreation area. President Wills asked for input from DDA Director Matt Jenkins who indicated that he is currently working with Oakland County on a plan for the Red Barn property for adaptive use.

Trustee Sleva expressed concern about expenses that would be incurred with the project as well as public safety and maintenance costs. Trustee Butzu expressed concern about potentially spending money without knowing what the end result would be.

*Motion by Wills, seconded by Brice to Authorize Village Manager Trent to proceed with developing two grant applications for acquisition of property currently owned by the Brandon School District and the property located at 25 South Church Street that could be incorporated into the Village Park and for the Village Council to hold a public hearing on March 27, 2017 regarding this subject matter.

Roll call vote:

Aye: Wills, Brice, Dylus

Nay: Butzu, Sleva

Majority in favor 3/2, Motion carried

F. BS&A Dot.Net Proposal (handout)

Manager Trent requested approval to move forward with an upgrade of the BS&A accounting software that the Village currently uses from Pervasive to dot net (.net) which was previously approved in the 2016-2017 budget. The proposal also includes an annual service fee for technical support that will be factored into the 2017-2018 budget year effective July 1, 2017.

Trent addressed concerns regarding the annual service fee amount and why the Village has not been billed in the past. The Village was part of a ‘pilot’ program when the software was made available in the early 2000’s and the fee had been waived as a result. Treasurer Forys addressed Trustee Dylus’ concern that the upgrade is not needed at the current time. Forys indicated that BS&A will no longer support Pervasive software. Brice questioned the travel fee associated with the proposal and Trent agreed to request a waiver of said fee.

*Motion by Dylus, seconded by Butzu to approve the proposal from BS&A Software to convert from Pervasive to dot net (.net) software at a cost of $4,105 and approve the annual service fee of $1,770 effective July 1, 2017

All in favor, motion carried

G. Adopt Sign Ordinance Amendments (2nd Reading, handout)

Building Official Dinnan made himself available to answer questions regarding the proposal. There were none.

*Motion by Dylus, seconded by Eschmann to adopt the Sign Ordinance as presented with a publication date of March 4, 2017 and an effective date of March 13, 2017

All in favor, motion carried

Public Comments: (Non-agenda items)

Ron Sutton 57 Mill Street: Indicated that drainage in Crossman Park is not working and hasn’t for some time and that the flooding in the Park it is beginning to adversely impact his property. The catch basin also is not working and flooding covers the property septic field and floods into their back-up water removal system. He feels it time to replace the drain as previous repairs are no longer working. Mr. Sutton is making a formal request to have something done.

Mark Robinson 132 Mill Street: Indicated the dumpster at Jet’s Pizza is becoming an eyesore. The lid is always open and trash is always flying around. Trent addresses Mr. Robinson’s concern, he has been monitoring the situation at that location and has spoken to the management on more than one occasion. Trent continued that he and Building Official Dinnan are presently reviewing the current Village trash ordinance and are working on a strategy to address the issue at that location and all dumpsters in the Village.

Don Heffner 134 Myron Street: Referenced the Citizen Newspaper of February 4, 2017 and stated that it was a preview of a septic ordinance. Mr. Heffner noted that in November 2015 the citizens overwhelmingly voted down sewers in the Village. He inquired what the purpose of moving forward with a septic ordinance is. Mr. Heffner also mentioned the report of Enviro-Assist at the meeting of January 23 and that it indicated there are quite a few systems that are operating perfectly well and many have been replaced since 1995. He indicated that many have been replaced because the citizens have realized there was a problem and took care of it. He went on to note that septic installations are oversighted by the installer and Oakland County Health Division. He stated that citizens have been taking care of their own systems and asked how much government oversight is needed. Mr. Heffner stated that if an ordinance is proposed that is going to impact everyone in the Village and is going to address fees and fines that it should be made available to the public from start to finish. It should be published in the Citizen (Newspaper); he demanded a public hearing and a vote of the citizens. Mr. Heffner stated that a complete inspection of systems based on the numbers in a report is wrong, it’s undemocratic and bypasses Oakland County Health Department’s policy already in place.