President Irwin called the regular meeting of the Marcellus Village Council to order at 7:00 p.m. on July 23 2024, in the Marcellus Village Hall. Trustees present: Markle, Engstrom, Welburn, Thomas, Haley and Webb.
Agenda
Motion by Welburn, supported by Haley, to approve the agenda as presented. Ayes: All. Nays: None. Motion carried.
Public Comment
A Village resident and a Village business owner spoke to the Village Council with concerns about ADA accessibility at two downtown businesses in the 100 block of Main Street where new sidewalk has been installed (due to the current Village-wide water system improvement project) and two home owners on Read Street addressed the Council regarding stormwater which filled “Lake Marcellus North” behind the Village Hall on North Burney and Read Streets, spilling into their properties and garages due to heavy rains and especially the July 9, 2024, rain from Hurricane Beryl which dropped 3-9” of rain into southern lower Michigan.
Minutes
Motion by Webb, supported by Irwin, to approve and place on file the minutes of the July 9, 2024, Regular Meeting as corrected. Ayes: All. Nays: None. Motion carried.
Bills
Motion by Haley, supported by Engstrom, to authorize the payment of bills in the amount of $51,558.92. Roll call vote – Ayes: Haley, Webb, Thomas, Irwin, Welburn, Engstrom and Markle. Nays: None. Motion carried.
Frank Renaldi – Projects Update
Frank Renaldi, of Wightman & Associates, Inc., attended the meeting to give updates on the Downtown Beautification RAP grant project, the DWSRF lead service lines and water mains project and the EGLE High Water grant project. President Irwin encouraged the public who still had questions regarding the projects to attend the previously scheduled construction update meeting on Thursday, July 25, 2024, in the Village Hall Council room.
SAFEbuilt, LLC
Sharon Craun and Joe Klein, of SAFEbuilt, LLC, updated the Village Council on the status of the Change of Use application for 188 West Main Street and the Special Use application for 105 West Main Street by informing the Council that both applications were not approved so that the applicants can schedule a meeting/hearing with the Planning Commission as outlined in the Village’s Zoning Ordinance.
Consent Agenda
Motion by Webb, supported by Thomas, to receive and place on file all items on the Consent Agenda. Roll call vote – Ayes: All. Nays: None. Motion carried.
President’s Report
President Irwin shared that the owner of Terrill’s Market, one of the oldest family-owned businesses in the Village of Marcellus, Ronald Terrill, had passed away on Sunday, July 21, 2024 and expressed that his presence in the Village would be dearly missed.
Donnie Brooks Appointment to DDA
President Irwin appointed Donnie Brooks to the vacant position on the DDA. Motion by Webb, supported by Markle, to ratify and confirm that appointment to finish out Estela Salazar’s term, which expires November 20, 2025. Roll call vote – Ayes: Engstrom, Markle, Welburn, Irwin, Webb, Haley and Thomas. Nays: None. Motion carried.
Wellhead Protection
President Irwin reminded Village Council members of the Joint Township Board and Planning Commission Meeting and Public Hearing on the special land use request of Ranger Power and property owners of parcels subject to allowing the use of a Large Solar Energy System will take place on July 24, 2024, at 6:00 p.m. at the Marcellus Township Hall and that the Council has taken a position that is intended to protect the Village’s public water supply by protecting its wellhead. He reported that he will attend the hearing and urged Village Council members to attend.
Sewer Lagoons
President Irwin informed the Village Council that the Village will likely be utilizing LASA’s services for discharge due to the substantial amounts of rain since the south lagoon, Cell No. 1, was isolated in May.
2023 Act 51 Report
Motion by Irwin, supported by Welburn, to approve the Act 51 Report, prepared by Kruggel Lawton CPA as part of the Village’s 2023 audit activities. Roll Call Vote – Ayes: Markle, Thomas, Welburn, Irwin, Haley, Engstrom and Webb. Nays: None. Motion carried.
Act 51 – Annual Certification of Employee Related Conditions
Public Act 152 Exemption
Motion by Webb, supported by Irwin, that the Village of Marcellus continue to exempt itself and therefore its employees from 2011 PA 152 (Act 51 funding) for the calendar year 2024, as permitted by Section 4 of that Act, for the express purpose of preventing the shifting of part of the cost of employer-provided health insurance to its employees and direct and authorize the Marcellus Village Clerk and Street Administrator to sign, execute and file with the Michigan Department of Transportation (MDOT) the Act 51 Annual Certification of Employee-Related Conditions for 2024, and/or any other document required with MDOT/the State of Michigan. Roll call vote – Ayes: Thomas, Webb, Irwin, Markle, Engstrom, Haley, and Welburn. None. Motion carried.
EGLE Notice to Village of Marcellus – Re: DWSRF 7778-01 Scoring
Village Manager/Clerk Terrill shared the July 16, 2024 email notification from EGLE regarding its application to the DWSRF for funding the Water Treatment Plant (WTP) project, noted that the Village received a score of 70 points out of 100. The notice requests the Village review the scores and submit any questions regarding the score to the EGLE Drinking Water and Environmental Health Division Kalamazoo District supervisor, Heather Bishop, by July 26, 2024. The questions and responses are listed below:
Questions:
1. Drinking Water Regulatory Compliance
Source Water Protection Efforts- The Village does try to protect its source water. I realize we received maximum points for having an Active SWPP, but these seem to be the same question. We are active in our efforts to protect the source water, urging neighboring communities to be cognizant of the Village’s WHPP delineated area during any planning for development, actively educating in the community and schools and working hard to follow our plan. Not only are we actively working to protect the public water supply with these activities, but our project for the Water Treatment Plant will address a number of items that will offer better protection to our source water. Shouldn’t the Village receive the 5 points for our Source Water Protection Efforts?
2. Public Health Protection
I think we and the State should consider offering more points for having a history of proactive public health protection with the Village’s history of having no HB violations in the past 5 years. That, to me, is worth more than 5 points. Should the State consider changing the points allowed for this item to “10” or offering us the points in item C under Public Health Protection? I think our project does address “potential” violations because of our high pre-treatment arsenic levels. The filters need to be replaced and I believe we should get the 10 points offered for the reasons listed.
Will you talk with me about the Treatment upgrades to address water quality and why the Village should not get the 5 points in this category? Does our project not upgrade the current treatment plant?
I think the Village could see an additional 20 points based on a review of the scoring and that would push the Village’s project up in the priority list. Will you please consider reviewing and updating the scores?
Responses:
“EGLE reduced points in the following categories, with the reason noted:
I.E. Source water protection—these points are awarded for groundwater modeling to establish a wellhead delineation and for plugging wells. Neither of those elements are a part of the project plan. As you indicated, existing wellhead protection programs are awarded points in a different category (III.C.), and Marcellus received points in that category.
II.C. Non acute violations of standards—the violation Marcellus received was for a non-emergency partial lead service line replacement. This is a rule violation, but not a drinking water standard violation.
III.A Looping—project plan is replacement of existing main and the project plan does not include a mixer or other tank work.
III.D Treatment upgrades—the project is designed to restore treatment back to its original functionality. Points are awarded for new treatment processes and expansions in treatment capacity.
Your comment on the number of points awarded to systems that have no health based violations in the past 5 years is noted, and I am happy to share it with Water Infrastructure Finance and our upper management.”
It is not known at this time if there will be any additional points awarded to the Village for having no health-based violations.
MSHDA CHILL Program
Motion by Webb, supported by Irwin, that the following documents be approved, executed by the appropriate local parties and returned to MSHDA.
Administration Proposals
Consulting Agreement
Grant Management Plan Procurement & Due Diligence
ER Form 07B – Finding of Exempt Activity
Grant Agreement
Authorized Signature Designation Form
Roll call vote – Ayes: Welburn, Webb, Markle, Haley, Irwin, Engstrom and Thomas. Motion carried.
EGLE Notice to Marcellus Metalcasters – RE: Industrial Storm Water Reconnaissance Inspection
Village Manager/Clerk Terrill shared the June 26, 2024, notice to Marcellus Metalcasters from EGLE, which includes items identified during a reconnaissance inspection to determine the applicability of state and federal storm water regulations. Items identified during the inspection were summarized and EGLE reported that the facility is not required to have an industrial storm water permit at this time and no response is required by either Marcellus Metalcasters or the Village of Marcellus.
Follow-up to Notice to Faith Plastics – RE: Industrial Storm Water Reconnaissance Inspection
Village Manager/Clerk Terrill shared the July 19, 2024, email responses from Faith Plastics representative Robert Pulley regarding the June 26, 2024, notice from EGLE which outlined EGLE’s Industrial Storm Water Reconnaissance Inspection and required actions to be taken by Faith Plastics.
Faith Plastics has produced a training program, named a Certified Storm Water Operator, is working to comply with EGLE’s requirements for rain gutter and downspout extensions, removal of debris from a storm drain and placement of a filter over the drain, and taken steps to reduce the risk of water entering its facility by talking with the Village about its High Water Project and the benefits that are expected out of the project. In addition, the business has contracted with Safety Kleen to clean up water and liquid industrial waste and has added signage to keep containers closed to ensure storm water does not become contaminated.
A request for extending the permitting deadline to August 31, 2024, was included in Faith Plastics response to EGLE.
MML – Commercial Liability & Property Pool Proposed Renewal
Motion by Irwin, supported by Thomas, to renew the MML Liability and Property insurance with the Michigan Municipal League (MML) Liability & Property Pool through Meadowbrook, Inc., at a cost of $28,382.00. Roll call vote – Ayes: Markle, Irwin, Webb, Thomas, Engstrom, Welburn and Haley. Nays: None. Motion carried.
DPW
MRWA Lagoon Sampling Hands-on Training in Three Oaks 8/14/2024
Motion by Irwin, supported by Engstrom, to approve attendance by the three DPW employees at the MRWA’s Lagoon Sampling Hands-on Training inThree Oaks, Michigan on August 14, 2024. There is no cost for the training. Roll call vote – Ayes: Welburn, Engstrom, Irwin, Thomas, Haley, Markle and Webb. Nays: None. Motion carried.
Public Comment
There were additional public comments from Anthony Raucho, of Patch & Remington, regarding the sidewalk in front of the business. The business was not previously ADA compliant but did place portable ramp onto the sidewalk on East Main Street which allowed people to access the building. The ramp will not work with the new sidewalk/steps configuration. He is looking for solutions to the problem. Joe Watts, co-owner of the Electric Moon, is facing a similar situation with the new steps placed at the entrance to his building. Village Engineer Frank Renaldi will meet with representatives of Balkema Excavating, Inc. to review MDOT and ADA standards and requirements and to see what options are available for the businesses.
Adjournment
Motion by Irwin, supported by Markle, to adjourn at 8:23 p.m. Ayes: All. Nays: None. Motion passed.
Jacqueline A. Terrill
Village Manager/Clerk
Dennis Irwin
Village President
Leave a Reply
You must be logged in to post a comment.