President Irwin called the regular meeting of the Marcellus Village Council to order at 7:00 p.m. on May 9, 2023, at the Marcellus Village Hall Council Room. Trustees present: Markle, Engstrom, Welburn, Thomas, Haley and Webb.
Agenda
Motion by Irwin, supported by Markle, to approve the agenda with the following changes/additions:
-Delete Item 9 – Frank Renaldi – Dibble Street Storm and reschedule the discussion to the May 23, 2023, Village Council meeting.
-Add Item C Under Consent Agenda – April 2023 MAESA Report
-Add Item E Under Presidents Report – Water Project Update
-Insert Item 14 – Planning Commission.
Ayes: All. Nays: None. Motion carried.
Minutes
Motion by Webb, supported by Thomas, to approve and place on file the minutes of the April 18, 2023, Regular Meeting. Ayes: All. Nays: None. Motion carried.
Bills
Motion by Welburn, supported by Haley, to authorize the payment of bills in the amount of $67,563.54. Roll call vote – Ayes: Haley, Webb, Thomas, Welburn, Engstrom, Markle and Irwin. Nays: None. Motion carried.
Public Hearing – Public Act 425 Land Transfer Agreement
Motion by Irwin, supported by Webb, to recess the regular Village Council meeting and open the Public Act 425 Land Transfer Agreement Public Hearing at 7:07 p.m. Roll call vote – Ayes: Engstrom, Markle, Webb, Haley, Welburn, Irwin and Thomas. Nays: None. Motion carried.
Village Council members discussed the Public Act 425 Agreement between the Village of Marcellus and Marcellus Township for the property located at 53283 Hemlock Lake Road, Marcellus, Michigan with Property Tax ID No. 14-050-022-005-00 and details the responsibilities of each municipality, which include:
• Utilities
• Taxes
• Filing requirements
• Zoning
• Term and
• Additional Cass County Sheriff’s coverage.
The agreement was approved by the Marcellus Township Board during the Public Hearing of the Marcellus Township Board April 13, 2023.
Approval of Public Act 425 Agreement
Motion by Webb, supported by Engstrom, to approve as presented the Public Act 425 Agreement between the Village of Marcellus and Marcellus Township, to authorize the Village President and Manager/Clerk to sign the agreement on behalf of the Village and to authorize the necessary filings as outlined in the agreement. Roll call vote – Ayes: Thomas, Webb, Irwin, Engstrom, Markle, Welburn and Haley. Nays: None. Motion carried.
Brian Hake – Kruggel & Lawton 2022 Audit Report
Staff Accountant Brian Hake, of Kruggel & Lawton, provided the Village Council with a summary of the 2022 audit, highlighting that the 2022 audit was complex due to the bonds and grants obtained by the Village and the Governmental Accounting Standards Board (GASB) Statement No. 87, Lease Accounting standards. He outlined the following:
1. The Village’s General Fund increased by $152,000.
2. Total governmental funds increased by $220,000, most of which was in the General Fund.
3. The Village’s three proprietary funds increased in 2022 by $721,000, mostly due to loan and grant reimbursements of $609,000 for expenditures in 2021 on the Village’s water project. These swings in the fund balance are expected to normalize as the Village completes the project and begins payment of the bonds.
4. No expenditures exceeded budgeted amounts during the year.
5. Brian Hake thanked the Village Council and Village Manager/Clerk for her cooperation and coordination during the audit process. A lot of work goes into completing the audit and the work put into its completion by the Village Manager/Clerk is appreciated.
6. The audit, F65 and Act51 reports will be submitted to the State of Michigan Treasury within the next two weeks.
Motion by Webb, supported by Thomas, to receive and place on file the Kruggel & Lawton audit of the Village of Marcellus’s financial records for 2022. Roll call vote – Ayes: Irwin, Webb, Haley, Markle, Engstrom, Thomas and Welburn. Nays: None. Motion carried.
Motion by Irwin, supported by Engstrom, to return to open session at 7:13 p.m. Roll call vote – Ayes: Markle, Engstrom, Welburn, Thomas, Irwin, Haley and Webb. Nays: None. Motion carried.
Consent Agenda
Motion by Webb, supported by Markle, to receive and place on file the one item on the consent agenda with Village
Manager/Clerk noting the MAESA Treasurer’s report and the repeated warning that the MAESA Board, Village Council and Township Board will need to begin conversations regarding long-term plans for much-needed increases to revenues which were established 15 years ago that do not support ever-increasing expenses. It will be important that these discussions and decisions on how to proceed are made for the Village of Marcellus and Marcellus Township to maintain and retain much-needed emergency services.
President Pro Tempore Welburn reported that the representative from the respective municipalities have begun these discussions.
Ayes: All. Nays: None. Motion carried.
President’s Report
Lake Shore Recycling
Village Council members discussed the Village’s contract with Michiana, now Lake Shore Recycling, and the recent elimination of recycling services in the Village, along with Assistant General Manager Andre Price’s email response to questions raised by Trustee Webb and Manager/Clerk Terrill regarding level of service and adjustment to rates for collecting garbage only. The Village Manager/Clerk was asked to discuss this with the Village Attorney and place this item on the May 23, 2023, meeting agenda for further discussion.
Water Treatment Plant Distribution Pipe
Motion by Welburn, supported by Webb, to authorize immediate purchase and repair actions on a three-foot section of the water treatment plants distribution pipe which has corroded to a point that is likely to fail if not repaired, and to notify the Village Council on the actions taken. Roll call vote – Ayes: Markle, Webb, Irwin, Welburn, Thomas, Haley and Engstrom. Nays: None. Motion carried.
Tailgater
President Irwin updated the Council regarding the Tailgater purchase, which was authorized during the February 14, 2023, Village Council meeting. Village Attorney Luke Nofsinger has contacted Tailgater owner Bobby Bidawid, who agreed to sell the property to the Village; Nofsinger sent him the warranty deed for execution and has not received the signed document. Bidawid has been contacted twice since receiving the document and has stated that he would get it signed and sent in the mail. Motion by Webb, supported by Welburn, to file the warranty deed when it is received, to pay the past due taxes, to include the taxes levied and due after July 1, 2023, along with any utility bills. Roll call vote – Ayes: Thomas, Engstrom, Markle, Irwin, Welburn, Haley and Webb. Nays: None. Motion carried.
Water Project Update
President Irwin shared the water project update email provided by Frank Renaldi of Wightman & Associates, Inc. Progress to-date includes:
• Directional Drilling: The 4-inch force main has been drilled but not yet completed or connected. An 8-inch water main has been drilled from Woodland Street to Arbor Street on the east side of Centre Street and they’ve started on Dibble Street at Centre Street and are working their way east. Will start Read Street and will possibly start on Main Street at Adams Street next week.
• Bore and Jack: The CN railroad permit has been modified to reflect the new route and the steel casing under the rails is planned to be bored and jacked in place this week. The required easement from Cordell Jones has been verbally approved and will be made formal in the next few weeks.
• Open cut installation: Will begin following completion of the bore and jack under the railroad. They’ll likely start May 10, 2023, on the force main reconnection, pressure test, and then switch over when the DPW is ready.
Clerk’s Report
Resolution 2023-05 – Annexing Property to the Village of Marcellus
Motion by Irwin, supported by Webb, to adopt Resolution 2023-05, a Resolution Annexing Property to the Village of Marcellus and to approve the Notice of Hearing from to be advertised in The Marcellus News on May 11, 18 and 25, 2023, posted on the Village website and front door of the Village Hall. Roll call vote – Ayes: Markle, Haley, Welburn, Irwin, Thomas, Engstrom and Webb. Nays: None. Motion carried.
Petition to Cass County Board of Commissioners to Annex
Motion by Markle, supported by Thomas, to approve the petition to Cass County Board of Commissioners to Annex Certain Land to the Village of Marcellus and to submit the petition to the Cass County Board of Commissioners. Roll call vote – Ayes: Webb, Irwin,
Haley, Engstrom, Markle, Thomas and Welburn. Nays: None. Motion carried.
Council members were reminded that the requested hearing should be on the Cass County Board of Commission agenda for June 1, 2023, at 5:00 p.m.
Market Van Buren Awards Thursday, June 29, 2023
Motion by Irwin, supported by Thomas, to authorize the purchase of two additional tickets to the Market Van Buren Awards program on Thursday, June 29, 2023, for Village Treasurer Tina Thornburgh and Village Utility Clerk Kim Henritzy at $60.00 each. Roll call vote – Ayes: Welburn, Haley, Thomas, Irwin, Markle, Engstrom and Webb. Nays: None. Motion carried.
Obligation of a Portion of ARPA Funds
Motion by Webb, supported by Markle, to formally obligate a portion, $4,271, of the Village’s ARPA funds to the balance for repairing and replacing the gutters and downspouts on the Village-owned buildings occupied by Marcellus Metalcasters and Faith Plastics. The work was completed April 11, 2023, by Midwest Gutter Systems, LLC. Roll call vote – Ayes: Welburn, Engstrom, Webb, Irwin, Thomas, Haley and Markle. Nays: None. Motion carried.
ARPA Obligations to 100 East Dibble Street block Storm and Tailgater Stabilization
After discussion regarding the best use of remaining ARPA funds, Welburn moved, supported by Markle to formally obligate $21,154.00 to the 100 East Dibble Street block Storm project and the balance of $90,000.00 for use toward the stabilization of the Tailgater building. Roll call vote – Ayes: Thomas, Webb, Engstrom, Markle, Irwin, Haley and Welburn. Nays: None. Motion carried.
L-4029 for Levying of 2023 Village Taxes
Motion by Webb, supported by Haley, to authorize the maximum levy permitted by law and return the completed L-4029 form, Cass County’s required questionnaire to the Cass County Equalization Department following the endorsement by the Village President and Clerk and direct the Village Treasurer to levy the 2023 Village taxes as authorized, being a General Fund levy of 8.6664 mills, $153,055, and Street Fund levy of 4.6580 mills, $82,264. Roll call vote – Ayes: Webb, Markle, Irwin, Haley, Thomas, Engstrom and Welburn. Nays: None. Motion carried.
DPW
April 2023 DPW Report
Motion by Irwin, supported by Markle, to receive and place on file the April 2023 DPW Report. Ayes: All Nays: None. Motion carried.
Quote – Corrpro Companies, Inc. Cathodic System Service Plan for Village Water Tower
Motion by Irwin, supported by Welburn, approving and authorizing the Village Clerk or Village President to sign the annual service agreement provided by Corrpro Companies, Inc., for “Plan C Service,” which includes the following for $670.00:
1. Tank to Water potential profile within tank to monitor and verify effectiveness of system on submerged surface of tank.
2. Electrical Measurements to test anode and reference cells.
3. Inspect, test and clean rectifier, controls, meters, contacts, wiring and connections. Replace fuses as required.
4. Adjust system for optimum corrosion control on submerged metal surface of tank.
5. Submit report with all data obtained evaluation of data and recommendations for continued performance.
Roll call vote – Ayes: Engstrom, Thomas, Haley, Webb, Markle, Irwin and Welburn. Nays: None. Motion carried.
Planning Commission
Planning Commission Chair James R. Thomas, Jr., thanked the Village Council for sending three Planning Commission members to the Citizen Planner Program course put on by the MSU Extension in Lake Charter Township. The course offers land use education for appointed and elected officials which is especially useful for Planning and Zoning. He shared a written report outlining the course content and shared examples of useful information the Planning Commission will soon be considering during its Zoning Ordinance review/update.
Public Comment
DDA Chair Kay McAdam announced the DDA Economic Development Director’s application to the USDA Rural Development for $30,000 for a Market Study of the Village’s DDA District will be awarded. More information will be provided during the May 11, 2023, DDA meeting.
Adjournment
Motion by Welburn, 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
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