President Irwin called the regular meeting of the Marcellus Village Council to order at 7:00 p.m. on December 17, 2024, in the Marcellus Village Hall. Trustees present: Markle, Engstrom, Webb, Thomas, Haley and Watts.
Agenda
Motion by Engstrom, supported by Thomas, to approve the agenda with the following addition:
• Under President’s Report – Add Item G. Post Office (Dibble Street) Drainage Project
Ayes: All. Nays: None. Motion carried.
Minutes
Motion by Webb, supported by Engstrom, to approve as presented and place on file the minutes of the December 3, 2024, regular meeting, as amended. Ayes: All. Nays: None. Motion carried.
Bills
Motion by Haley, supported by Irwin, to authorize the payment of bills in the amount of $330,274.63. Roll call vote – Thomas, Watts, Engstrom, Markle, Irwin, Haley and Webb. Nays: None. Motion carried.
2024 and 2025 Budgets – Public Hearing:
Motion by Irwin, supported by Markle, to recess the special Village Council meeting and open the public Budget Hearing at 7:02 p.m. Roll call vote – Ayes: Engstrom, Webb, Haley, Watts, Markle, Irwin and Thomas. Nays: None. Motion carried. Village Council members reviewed the 2024 proposed budget amendments and 2025 proposed budgets for all funds. There were no public comments on budget items. Motion by Irwin, supported by Thomas, to close the Public Hearing and return to the regular session at 7:12 p.m. Roll call vote – Ayes: Webb, Irwin, Thomas, Haley, Watts, Engstrom and Markle. Nays: None. Motion carried.
Resumption of Regular Session:
Approval and Adoption of 2024 BudgetAmendments and 2025 Budgets for All Funds
Motion by Webb, supported by Irwin, to amend, approve and place on file the 2024 budgets for all funds. Roll call vote – Ayes: Markle, Webb, Irwin, Thomas, Watts, Haley and Engstrom. Nays: None. Motion carried.
Motion by Webb, supported by Thomas, to approve and adopt the proposed 2025 budgets for all funds as presented; and to agree not to charge more than 8.1507 mills for the Village’s General Operating Fund and 4.3808 mills for the Village’s Street Improvement Fund for the 2025 tax rate request, complying with the Uniform Budgeting and Accounting Act of 1968, Section 16 of MCL 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 on December 5, 2024, and posted at the front window of the Marcellus Village Hall on December 5, 2024. Roll call vote – Ayes: Watts, Haley, Markle, Engstrom, Webb, Irwin and Thomas. Nays: None. Motion carried.
Consent Agenda
Motion by Webb, supported by Engstrom, to receive and place on file all items on the Consent Agenda. Roll call vote – Ayes: All. Nays: None. Motion carried.
President’s Report
Accessibility on East Main Street
President Irwin reported that President Pro Tempore Engstrom, Manager/Clerk Terrill, DPW Superintendent Michael Clark, Balkema Project Manager Kyle Batts, and he met with Frank Renaldi of Wightman & Associates, Inc., and Paul Ecklund and Kelly Linton of the Disability Network in Kalamazoo, Michigan, on December 16, 2024, to review the ADA access at two downtown businesses on East Main Street whose temporary, portable access ramps no longer fit on the sidewalk. The following notes were shared with the Village Council:
During construction of the Downtown Beautification Project, it was necessary to lower elevations of the sidewalks at the storefronts to meet PROWAG grading requirements in the MDOT right of way. Terrill’s Market had barrier free access prior to the project, and it was restored. The remaining businesses to the west had a single step and it was necessary to increase this to two steps to meet maximum riser height requirements. This change makes it not feasible to use the temporary ramps they had previously employed to provide access. Upon removal of the existing sidewalk, it was revealed that some building fronts were not sealed, and additional concrete work was required to seal them off. This is not unusual in storefronts and typically coal chutes or other extensions under the sidewalks are found and need to be addressed. Sealing the basements and shoring up the walk was necessary at the majority of the storefronts as the walk was built up over the years and the new walk had to be constructed to drain away from the buildings and not allow infiltration.
Balkema’s foreman and Wightman’s inspector worked together to meet the PROWAG requirements throughout the walkways. The decreased slopes and added steps necessitated the installation of railings, and visual contrast at the tops of the steps. The contrast will be safety yellow paint on each of the risers and railings that are being manufactured. When the railings are installed and risers painted, the original intent of the project will be complete.
Although the Village is not required to ensure businesses are accessible, the Village and Wightman have been investigating possible options to assist them to provide access. In order to obtain an independent ADA professional’s opinion, the Village set up a meeting with the Disability Network of Southwest Michigan (DNSM).
The attendees were: Dennis Irwin, Village President, Sarah Engstrom, President Pro Tempore, Jacqueline Terrill, Village Manager/Clerk, Michael Clark, DPW Superintendent, Kyle Batts, Project Manager, Balkema Excavating, Inc., Paul Ecklund, DNSM ADA Specialist and Systems Advocate, Kelly Linton, DNSM ADA Specialist and Systems Advocate,Frank Renaldi, PE, Project Manager, Wightman & Associates, Inc.
Paul and Kelly met with the Village team at 2pm on December 16th 2024. DNSM confirmed the Village is not required to assist businesses in obtaining barrier free access and each business should do what works best for them. The businesses are required to make provisions to the best of their ability without unreasonable cost.
The group toured the walk on the north side of Main Street and discussed the following options:
1. Design and construct an elevated concrete walk along the storefronts to the west: This option requires an independent foundation be set under the sidewalk. This could be accomplished by excavating and pouring a foundation, driving pilings, or installing piers to support the elevated section. Due to the age of the current buildings, there would be considerable risk of issues with them during and after construction. Railings would need to be provided along the entire walkway, barrier-free access would be restricted to the east end of the ramp, and appropriate signage directing patrons with special needs to the access point would be required. This option involves a full design and a repeat of the MDOT permitting process which is estimated at $25-30,000 with a relatively smooth permitting procedure. The construction of the elevated walkway would be difficult to get bids for as there would be considerable risk involved to the Contractor. The construction, depending on the method selected, is estimated in the $50-$100,000 range if any bids are received when solicited. This option is cost-prohibitive for the businesses.
2. Have businesses provide access to their services via remote means, delivery of products directly, or assist individuals to access either by sharing entrances or serving them at the curbside.
i. Shared access would require openings to be created between the businesses, they have differing hours and there are obvious security issues.
ii. The typical functions of Patch and Remington (P&R) include entertainment and meetings and these frequently happen after the other businesses are closed.
iii. Access from the rear of the buildings is not desired by P&R and they frequently use the back loading dock. The existing dock also does not meet the less than 2% cross-slope requirement.
iv. Access to the rear of Electric Moon is not feasible due to non-standard doorways and low ceiling heights in the northern room.
v. The alleyway north of the businesses is not paved and parking is not feasible near the rear entrances.
vi. Providing remote access to the businesses is not desired by the proprietors as it removes the in-person interaction with customers.
3. Leave the walk as-is and assist the businesses with providing alternative means of access. This option would not entail exposing the basement walls of the existing buildings and would entail far less risk of damage to the buildings. The ramps would have to be parallel to the businesses to retain minimum four-foot clearance along the existing barrier-free route for those utilizing the sidewalk. Steps into the upper level would only be at the west end as any extension to the south would encroach on the clearance required for the barrier-free route.
During the tour, the Village President was approached by Anthony Raucho of Patch & Remington who reported/stated a window had cracked due to suspected settling of the concrete work completed. This claim will be investigated as soon as possible to determine cause and appropriate remedial action, and a follow up with a report of findings will follow.
President Irwin reported that arrangements will be made to visit and access businesses in the area of the downtown beautification project to perform post-project inspections. Further discussion will follow the inspections.
DDA Resignations
Motion by Irwin, supported by Haley, to accept with heartfelt thanks for their service, the resignations of the following DDA Board Members: Nicki Hackenberg, Nicole Hostetler, Bradley Smith, Erica Watts, Seth Carlson
Roll call vote – Ayes: Irwin, Webb, Markle, Engstrom, Thomas, Haley and Watts. Nays: None. Motion carried.
DDA Appointment
President Irwin appointed Bryce Davis to the DDA. Motion by Markle, supported by Thomas, to ratify and confirm the appointment of Bryce Davis to fill the position left open by John Ayers, with a term date of November 20, 2025. Roll call vote – Ayes: Irwin, Thomas, Watts, Engstrom, Watts, Haley and Markle. Nays: None. Motion carried.
DPW Employee Resignation
President Irwin reported the resignation of Eric Butler from the DPW, effective December 17, 2024.
DDA Laptop and Accounting Assistance
Manager/Clerk Terrill shared that the DDA Treasurer reported the DDA laptop as no longer functioning approximately three weeks ago. At that time, the DDA Treasurer had intended to set up QuickBooks Online and recreate the DDA accounting. With the Treasurer’s resignation came a note that let the Village President know that QuickBooks still needs to be set up. Mrs. Terrill requested the Village Council investigate hiring (by the DDA) an accountant to assist with the setup and recreation of the DDA accounting records. She will work to get an estimate for the work and bring it back to the Village Council.
Clerk’s Report
Resolution 2024-11 – Authorizing the Village to Withhold DDA Payments for the Payment of DDA Invoices
Motion by Irwin, supported by Haley, to adopt Resolution 2024-11, a Resolution Authorizing the Village to Withhold DDA Payments for the Payment of DDA Invoices until a DDA Treasurer is in place. Roll call vote – Ayes: Watts, Haley, Webb, Engstrom, Markle, Thomas and Irwin. Nays: None. Motion carried.
Planning Commission and Village Council Special Kickoff Meeting for Master Plan, Economic Development and Marketing Plans – January 15, 2025, at 7:00 p.m.
Manager/Clerk Terrill requested the Village Council schedule a special, joint meeting with the Planning Commission for the Master Plan, Economic Development and Marketing Plan kickoff meeting with McKenna of Kalamazoo, Michigan on January 15, 2025, at 7:00 p.m. Thomas moved, supported by Watts, to schedule the meeting as requested. Roll call vote – Ayes: Markle, Irwin, Thomas, Watts, Webb, Haley and Engstrom. Nays: None. Motion carried.
Resolution 2024-12 Century Bank & Trust, Resolution 2024-13 Horizon Bank and Resolution 2024-14 G.W. Jones Exchange Bank
Motion by Webb supported by Thomas, to approve Banking Resolutions 2024-12 (Century Bank & Trust), 2024-13 (Horizon Bank) and 2024-14 (G.W. Jones Exchange Bank). The resolutions remove the name of the previous President Pro Tempore, Ronald Welburn, and add President Pro Tempore Sarah Engstrom, to the resolutions as an authorized signer. Roll call vote – Ayes: Markle, Irwin, Webb, Engstrom, Haley, Thomas and Watts. Nays: None. Motion carried.
DPW
Quote – Peerless Midwest WTP Filter Inspection
Motion by Irwin, supported by Markle, to approve the quote by Peerless Midwest, Inc., of Mishawaka, Indiana, for core samples, analysis and recommendations of the water pumphouse filter media. Roll call vote – Ayes: Webb, Irwin, Markle, Engstrom, Watts, Haley and Thomas. Nays: None. Motion carried.
Adjournment
Motion by Irwin, supported by Engstrom, to adjourn at 8:19 p.m. Ayes: All. Nays: None. Motion passed.
Jacqueline A. Terrill
Village Manager/Clerk
Dennis Irwin
Village President
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