Village of Constantine
Regular Council Meeting
May 3, 2010
8:00 PM

President Weiss called the regular Monday, May 3 RD, 2010 meeting of the Constantine Village Council to order at 8:00 PM at the Village Hall.

President Weiss appointed Diana Lammott as recording secretary.

ROLL CALL
Present at Roll Call: Trustees Mark Brown, Robert Brewer, Willie Harder, Cindy LaFluer, Gary Mathers and Sarah Moore, and President Patricia Weiss. Other elected officials present: Treasurer Donna Strawser. Village employees present: Manager Mark Honeysett and Administrative Assistant Diana Lammott. The pledge of allegiance followed Roll Call.

APPROVAL OF AGENDA
Motion by Moore, Seconded by Weiss, to approve the agenda with changes. Under section X. New Business add B. Time of Meeting. Motion passed by Roll Call 7. Voting YES: Brewer, Harder, LaFluer, Brown. Mathers, Moore and Weiss.

MINUTES - APPROVAL OF MINUTES
Motion by Brown, Seconded by Mathers, to approve the Regular April 19th, 2010 meeting minutes as presented. Motion passed by affirmation 7 - 0.

Motion by LaFluer, Seconded by Harder, to approve the Regular April 5th, 2010 meeting abridged minutes for the Newsletter printing minutes as presented. Motion passed by affirmation 7 - 0.

Motion by Mathers, Seconded by Brewer, to approve the Regular April 19th, 2010 meeting minutes as presented. Motion passed by affirmation 7 - 0.

PAYMENT OF BILL – City of Three Rivers
Motion by Mathers, Seconded by Brown, to pay the bills and make the necessary transfers totaling $37,395.93. Motion passed by Roll Call 7-0. Voting YES: Brewer, Harder, LaFluer, Mathers, Moore, Brown and Weiss.

PUBLIC HEARING – Floodplain Management Ordinance & Resolution. President Weiss opened the Public Hearing on Floodplain Management Ordinance & Resolution at 8:10PM. No one rose to speak. President Weiss closed the Public Hearing at 8:11PM.

UNFINISHED BUSINESS
Motion by Brown, Seconded by Moore, to adopt Ordinance 263 Floodplain Management Provisions of the State Construction Code, which will enforce the flood hazard areas under the provision of the State Construction Code Act. Passed by Roll Call 7-0. Voting YES: Brewer, Harder, LaFluer, Mathers, Moore, Brown and Weiss. A copy of the full ordinance is available for public review at the Village Office during regular business hours.

Motion by Brewer, Seconded by Mathers, to adopt resolution; number to be assigned by clerk. Passed by Roll Call 7-0. Voting YES: Brewer, Harder, LaFluer, Mathers, Moore, Brown and Weiss.

Resolution No. 10-04 community resolution and intergovernmental agreement to manage floodplain developmentfor the national flood insurance program

Community A: Village of Constantine Community B: State of Michigan

WHEREAS , The Village of Constantine currently participates in the Federal Emergency Management Agency’s (FEMA) National Flood Insurance Program (NFIP) by complying with the program’s applicable statutory and regulatory requirements for the purposes of significantly reducing flood hazards to persons, reducing property damage, reducing public expenditures, and providing for the availability of flood insurance and federal funds or loans within its community; and

WHEREAS , the NFIP requires that floodplain management regulations must be present and enforced in participating communities, and utilize the following definitions, which also apply for the purposes of this resolution:

• Flood or Flooding means :
• A general and temporary condition of partial or complete inundation of normally dry land areas from: 1) the overflow of inland or tidal waters, 2) the unusual and rapid accumulation or runoff of surface waters from any source, 3) mudflows, and
• The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding, as defined in paragraph (a)(1) of this definition.
• Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by the FEMA, where the boundaries of the areas of flood, mudslide (i.e., mudflow) related erosion areas having special hazards have been designated as Zone A, M, and/or E. ( This is to be included only if the FEMA has issued a FHBM for the community).
• Floodplain means any land area susceptible to being inundated by water from any source (see definition of flooding).
• Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
• Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power that provide standards for the purpose of flood damage prevention and reduction.
• Structure means a walled and roofed building that is principally above ground, gas or liquid storage facility, as well as a mobile home or manufactured unit.

WHEREAS, the Stille-Derossett-Hale Single State Construction Code Act”, Act No. 230 of the Public Acts of 1972, as amended, (construction code act), along with its authorization of the state construction code composed of the Michigan Residential Code and the Michigan Building Code [and its Appendices (specifically Appendix G), if adopted] contains floodplain development and management regulations that comply with the FEMA NFIP minimum floodplain management criteria for flood prone areas as detailed in Title 44 of the Code of Federal Regulations (44 CFR), Section 60.3, and

WHEREAS , by the action dates of this document or an existing agreement dated June 1, 2010, Community B agrees on behalf of Community A to function as the designated agency to discharge the responsibility of administering, applying, and enforcing the construction code act and the state construction code, specifically the Michigan Residential Code and the Michigan Building Code, to all development within Community A’s political boundaries, and

WHEREAS , Village of Constantine and the State of Michigan enforce floodplain regulations of the construction code act, and Village of Constantine wishes to ensure that the administration of that code complies with requirements of the NFIP, and

NOW THEREFORE , to maintain eligibility and continued participation in the NFIP,

• Village of Constantine agree that State of Michigan officially designated enforcing agent for the construction code act, Department of Energy, Labor, & Economic Growth, be directed to administer on Village of Constantine’s behalf the floodplain management regulations as contained in the state construction code (including Appendix G, if adopted) and to be consistent with those regulations, by:
• Obtaining, reviewing, and reasonably utilizing flood elevation data available from federal, state, or other sources pending receipt of data from the FEMA to identify the flood hazard area, and areas with potential flooding, and
• Ensuring that all permits necessary for development in floodplain areas have been issued, including a floodplain permit, approval, or letter of no authority from the Michigan Department of Environmental Quality under the floodplain regulatory provisions of Part 31, "Water Resources Protection,” of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, and
• Reviewing all permit applications to determine whether the proposed building sites will be reasonably safe from flooding. Where it is determined that a proposed building will be located in a flood hazard area or special flood hazard area, State of Michigan shall implement the following applicable codes according to their terms:
• Appropriate portions and referenced codes and standards of the current Michigan Residential Code.
• Appropriate portions and referenced codes and standards of the current Michigan Building Code.
• Appendix G of the current Michigan Building Code, if adopted.
• Reviewing all proposed subdivisions to determine whether such proposals are reasonably safe from flooding and to ensure compliance with all applicable floodplain management regulations.
• Assisting in the delineation of flood hazard areas; provide information concerning uses and occupancy of the floodplain or flood-related erosion areas, maintain flood proofing and lowest floor construction records, and cooperate with other officials, agencies, and persons for floodplain management.
• Advising FEMA of any changes in community boundaries, including appropriate maps, and
• Maintaining records of new structures and substantially improved structures concerning any certificates of floodproofing, lowest floor elevation, basements, floodproofing, and elevation to which structures have been floodproofed.
• Village of Constantine and the State of Michigan assure the Federal Insurance Administrator (Administrator) that they intend to review, on an ongoing basis, all amended and revised FHBMs and Flood Insurance Rate Maps (FIRMs) and related supporting data and revisions thereof and revisions of 44 CFR, Part 60, Criteria for Land Management and Use, and to make such revisions in its floodplain management regulations as may be necessary to assure Village of Constantine’s compliant participation in the program.
• Village of Constantine further assures the Administrator that it will adopt the current effective FEMA Flood Insurance Study (FIS), FHBMs, and/or the FIRMs by reference within its Floodplain Management Map Adoption Ordinance or similarly binding ordinance documentation.

FURTHER BE IT RESOLVED, both communities declare their understanding that, until this resolution is rescinded or Village of Constantine makes other provision to enforce the construction code act:

• The State of Michigan must administer and enforce the construction code act in accordance with the terms and the conditions contained herein, and
• Village of Constantine is to continue its participation in the NFIP, the construction code act must be administered and enforced according to the conditions contained herein.

 AUDIENCE PARTICIPATION
Trina Patterson, 185 E Third Street, Constantine – questioned whether East 3 rd/Centreville Road is an appropriate truck route. She is concerned about the increasing number of big trucks driving by their home.

Safe Routes to School Update: report given by Village Manager Honeysett.

NEW BUSINESS
Manager Honeysett talked about the 5-K & 10-Mile Run and asked for volunteers.

Motion by Moore, Seconded by Brewer, to set the meeting time for the village council at 7:30 p.m. until the new council year. Motion passed by affirmation 7-0.

ADJOURNMENT
Adjourned meeting at 8:30 PM.

Diana Lammott
Recording Secretary