December 13, 2022
President Irwin called the regular meeting of the Marcellus Village Council to order at 7:00 p.m. on December 13, 2022, at the Marcellus Village Hall Council Room. Trustees present: Markle, Engstrom, Welburn, Haley and Webb. Trustee Oswalt was absent.
Agenda
Motion by Irwin, supported by Engstrom, to approve the agenda with the following additions:
-Insert Item 14 – MAESA Budgets
-Under President’s Report
-Add Item F. Chris Poulsen Retirement
-Add Item G. Holiday Garbage Pickup
-Under Clerk’s Report
-Add Item D. ARPA Discussion
-Add Item E. Fitness Courts
-Add Item F. Metalcasters Lease
-Add Item G. Fire Escrow 799 S. Centre Street
-Add Item H. Cass County Drain Commissioner
Ayes: All. Nays: None. Motion carried.
Minutes
Motion by Webb, supported by Markle, to approve and place on file the minutes of the November 22, 2022, Regular Meeting, November 30, 2022 Special Meeting and December 8, 2022 Special Meeting. Ayes: All. Nays: None. Motion carried.
Bills
Motion by Welburn, supported by Irwin, to authorize the payment of bills in the amount of $66,737.54. Roll call vote – Ayes: Haley, Welburn, Engstrom, Webb, Irwin and Markle. Nays: None. Motion carried.
Beth Middleton – Blight and Zoning
Zoning Administrator Beth Middleton addressed the Village Council regarding the properties included on the Village’s Blight Elimination Grant Program to Cass County. The properties included in the application are:
• 140 E Main, Parcel Nos. 14-051-531-005-50 & 14-051-531-006-00
• 276 E Main Street 14-051-541-003-00
• 378 S Centre Street 14-051-622-002-00
These parcels/properties contain an abandoned primary dwelling structure in violation of International Property Maintenance Code 108.1.5.7 – Dangerous Structure or Premises – The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. They are, therefore, eligible for inclusion in the Village’s application for Blight Elimination.
Due to costs associated with the necessary corrective actions needed for the property at 140 E Main Street, it will not be included in considerations for Round 1 or Round 2 funding but will be kept on file for potential future funding.
Beth reported that she is waiting for the owners at 201 Worden Street to finish removing their belongings from the house and the next steps are bidding and abating asbestos, if found in the home.
Consent Agenda
Motion by Webb, supported by Welburn, to approve all items listed on the consent agenda. Ayes: All. Nays: None. Motion carried.
President’s Report
Christmas Bonuses
Motion by Irwin, supported by Haley, to pay employee Christmas Bonuses in the amount of $100.00 for each full-time employee and $50.00 for each part-time employee position as has been done in previous years and as provided for in the Personnel Policies Manual. Roll call vote – Ayes: Markle, Engstrom, Webb, Haley, Welburn and Irwin. Nays: None. Motion carried.
Agreement for Exchange of Properties with Marcellus Community Schools
Motion by Webb, supported by Irwin, to approve the Land Exchange Agreement that was approved by the Marcellus Community School Board on December 12, 2022, for the transfer of Village-owned, parcel no. 14-050-022-008-00 for Marcellus Community Schools-owned parcels numbered: 14-051-680-055-00, 14-051-680-068-00 and 14-051-680-032-00 and to authorize the Village President to execute the document and return it to Marcellus Community Schools. Roll call vote – Ayes: Irwin, Haley, Welburn, Markle and Webb. Trustee Engstrom abstained. Motion carried.
Resolution 2022-12, Resolution for Purchase Agreement for Exchange of Properties with Marcellus Community Schools
Motion by Webb, supported by Markle, to adopt Resolution 2022-12, A Resolution for Purchase Agreement for Exchange of Properties with Marcellus Community Schools, as revised, authorizing the Village President to sign and enter into the attached Land Exchange Agreement to swap with the Marcellus Community School whereby the Village of Marcellus shall convey to the Marcellus Community Schools Parcel No. 14-050-022-008-00, which is located in the Township of Marcellus, and in exchange and in consideration thereof, the Village of Marcellus shall receive from the Marcellus Community Schools Parcels No. 14-051-680-055-0, 14-050-680-032-00 and 14-050-680-068-00. There shall be no other consideration other than described herein. The properties shall be conveyed by warranty deed. The Village Clerk and Village President are further authorized to take any reasonable steps necessary to close the real estate transaction and to take any action necessary in the Village’s best interests, including but not limited to property inspections, title inspection, and title insurance if deemed appropriate. The Village President is authorized to sign a warranty deed to convey Parcel No. 14-050-022-008-00 to Marcellus Community Schools. Roll call vote – Ayes: Webb, Welburn, Markle, Irwin and Haley. Trustee Engstrom abstained. Motion carried.
Budget Hearing:
Motion by Webb, supported by Irwin, to recess the regular Village Council meeting and open the public Budget Hearing at 7:30 p.m. Ayes: All. Nays: None.
Motion carried. The Manager/Clerk and the Village Council discussed the proposed revised 2022 and 2023 Village Budgets presented for all funds and asked for input from the Village residents in attendance. There were no comments from the public. Motion by Webb, supported by Engstrom, to close the Public Hearing and return to the regular session at 8:07 p.m. Ayes: All. Nays: None. Motion carried.
Resumption of Regular Session:
Approval and Adoption of 2022 Budget Amendments and 2023 Budgets for All Funds
Following discussion regarding the changes made to the budgets since the last Budget Workshop meeting, Webb moved, supported by Haley, to approve and adopt the proposed 2022 Budget amendments for all Village funds as presented, and the proposed 2023 budgets for all funds as presented; and to agree not to charge more than 8.7895 mils for the Village’s General Operating Fund and 4.7242 mils for the Village’s Street Improvement Fund for the 2023 tax rate request, complying with the Uniform Budgeting and Accounting Act of 1968, Section 16 of Section 141.436, the General appropriations act requirements along with the Budget Hearings of Local Governments Act (1963 PA 43), which requires notice to be published at least six days prior to the hearing in a “newspaper of general circulation” and must include a statement printed in 11-point boldfaced type, stating “The property tax millage rate proposed to be levied to support the proposed budget will be a subject of this hearing.” Budget hearings held in accordance with the provisions of the local charter/and or ordinance will meet this requirement. This hearing also fulfills the requirement for a “truth in taxation” hearing. The required notice was published in The Marcellus News and posted at the front window if the Marcellus Village Hall on November 24, 2022. Roll call vote – Ayes: Haley, Irwin, Engstrom, Welburn, Markle and Webb. Nays: None. Motion carried.
Motion by Webb, supported by Welburn, to adopt the standard Truth in Taxation resolution when the Village votes on and signs its L-4029, which will be sent by Cass County in late April/early May 2023. Roll call vote – Ayes: Markle, Welburn, Irwin, Webb, Haley and Engstrom. Nays: None. Motion carried.
DDA Board Member Christine Nofsinger Resignation from DDA
Motion by Irwin, supported by Markle, to accept with thanks for her service, DDA Member Christine Nofsinger’s resignation from the DDA Board, effective immediately. Ayes: All. Nays: None. Motion carried.
Holiday Garbage Pickup
President Irwin reminded Council members that garbage pickup by Michiana Recycling and Disposal will be a day later during the holidays.
Chris Poulsen Retirement
President Irwin reported that Chris Poulsen’s last day of work will be December 29, 2022, and then moved, supported by Welburn, to accept Chris Poulsen’s official resignation/retirement and authorize payout for his earned work and vacation time on the same day. Roll call vote – Ayes: Markle, Engstrom, Haley, Welburn, Irwin and Webb. Nays: None. Motion carried. Council members were reminded that Landon Hackenberg was hired on October 3, 2022, in anticipation of Chris’s retirement on this day.
Clerk’s Report
Capital Improvements Plan (CIP) for Inclusion in Master Plan
As part of the RRC and Master Plan Review Process, the Village-wide Capital Improvements Plan (CIP) was updated to reflect current and future planned projects for General, Storm and Street, Water and Sewer funds. Webb moved, supported by Irwin, to accept and approve the proposed CIP for the years 2022 through 2027 and to approve its inclusion in the Master Plan, which is expected to be completed in early 2023. Roll call vote – Ayes: Engstrom, Haley, Irwin, Welburn, Markle and Webb. Nays: None. Motion carried.
Master Fee Schedule
Motion by Webb, supported by Welburn, to adopt Resolution 2022-11, a Resolution Adopting the Village of Marcellus Revised Fee Schedule. Roll call vote – Ayes: Haley, Markle, Webb, Engstrom, Irwin and Welburn. Nays: None. Motion carried.
Abonmarche Proposal for DNR Grant – Ballfields
Clerk Terrill shared a December 9, 2022, email from Joelle Regovich, Grant Administrator with Abonmarche, and reported that she is expecting a proposal and professional services agreement for grant application assistance to the DNR Land & Water Conservation Fund (LCWF) for building Little League ball fields on the properties being acquired by the Village through the Land Exchange Agreement with Marcellus Community Schools. Applications open in January and are due by April 1, 2023. Announcement of recipients occurs in December, so design would likely begin in early 2024. It is anticipated that if the Village should be awarded a grant, the work would take place in 2025. She hopes to have a proposal for Council consideration during the December 29, 2022, Village Council meeting.
ARPA Discussion
Village Council members discussed the Council’s recent commitment of up to $20,000 of its ARPA funds to fixing Village infrastructure by adding downspouts and gutters to the two Village-owned buildings occupied by lessees Faith Plastics and Marcellus Metalcasters. In addition, the Council discussed other possible uses of the remaining funds. The discussion on ARPA funds will continue in 2023.
Fitness Courts
Clerk Terrill shared a December 7, 2022, email from the Municipal League announcing a grant opportunity from Priority Health in partnership with National Fitness Campaign which supports municipalities and schools across the state with grant monies for building outdoor fitness infrastructure, and asked if there is any interest in pursuing discussions with other groups such as Marcellus Community Schools and the Cass County Council on Aging to see if they are interested in collaborating on a project and location for a fitness court in the Village. Council members expressed interest and Terrill will reach out to these organizations to see if they would like to get involved.
Metalcasters Lease
Motion by Webb, supported by Welburn, to approve the amended lease agreement with CB Marcellus Metalcasters Inc., who has already agreed to and executed the lease, dated December 13, 2022, with a start date of January 1, 2023, and a term of five years from date of execution, and authorizing the Village President and Village Clerk to execute the document and return a signed copy to Marcellus Metalcasters. Roll call vote – Ayes: Irwin, Welburn, Markle, Engstrom Haley and Webb. Nays: None. Motion carried.
Fire Escrow 799 S. Centre Street
Clerk Terrill reported she has received confirmation from the Village’s Zoning Administrator that the demolition activities at 799 S. Centre Street are complete and requested the release of the $13,117.00 Fire Withholding payment that was received from State Farm. Motion by Irwin, supported by Engstrom, to release the payment to the owner. Roll call vote – Ayes: Welburn, Webb, Haley, Markle, Irwin and Engstrom. Nays: None. Motion carried.
Cass County Drain Commissioner
Clerk Terrill noted that the Village has received a bill for 2022 Special Drain Assessments from the Cass County Drain Commissioner for the Nottingham Jones Drain and reminded them of Resolution 2019-11, which authorized the Cass County Drain Commissioner to expend money for the maintenance and repair of the Nottingham & Jones Drain in excess of $5,000.00 per mile and to the extent that the drain fund for the Drain contains insufficient funds for the payment of costs incurred for the maintenance or repair of the Drain, then the Cass County Drain Commissioner is authorized to levy a special assessment, as allowed by law. The Resolution was adopted July 23, 2019.
DPW
November 2022 DPW Report
Motion by Welburn, supported by Markle, to receive and place on file the November 2022 DPW Report. Ayes: All. Nays: None. Motion carried.
Quotes for Water Treatment Plant Roof Repair
Motion by Irwin, supported by Markle, to approve the quoted price of $1,600.00 from First Responder Building Maintenance for the repairs to the coated EPDM rubber roof of the Village’s Water Treatment Plant. The repairs are intended to allow the roof to last for several years while the Village’ continues to work on a new Water Treatment Plant. Roll call vote – Ayes: Haley, Engstrom, Markle, Webb, Welburn and Irwin. Nays: None. Motion carried.
Martin Spring & Driveline, Inc. – Leaf Spring for Orange Dump truck
Motion by Irwin, supported by Welburn, to approve the purchase of a leaf spring to replace the one that has broken on the orange dump truck. Roll call vote – Ayes: Irwin, Haley, Markle, Engstrom, Webb and Welburn. Nays: None. Motion carried.
Planning Commission
Planning Commission 2022 Annual Report
Planning Commission Chair James R. Thomas, Jr. shared the Planning Commission’s 2022 Annual Report and reminded Council members that the Planning Commission will finish its review of the Village’s Master Plan in January or early February 2023.
Motion by Webb, supported by Engstrom, to approve and place on file the Planning Commission’s 2022 Annual Report. Ayes: All. Nays: None. Motion carried.
2022 and 2023 MAESA Budgets
Motion by Webb, supported by Haley to approve and place on file the 2022 amended and 2023 proposed MAESA budgets as presented. Roll call vote – Ayes: Welburn, Irwin, Haley, Markle Engstrom and Webb. Nays: None. Motion carried.
Adjournment
Motion by Markle, supported by Engstrom, to adjourn at 9:06 p.m. Ayes: All. Nays: None. Motion passed.
Jacqueline A. Terrill
Village Manager/Clerk
Dennis Irwin
Village President
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