March 8, 2022
President Welburn called the regular meeting of the Marcellus Village Council to order at 7:00 p.m. on March 8, 2022. Trustees present: Simmons, Irwin, Thomas, Wilcox, Oswalt and Webb.
Agenda
Motion by Simmons, seconded by Oswalt, to approve the agenda with the following additions:
1. Insert Item Number 9. Frank Renaldi – Wightman & Associates, Inc. Water Project Updates.
Ayes: All. Nays: None. Motion carried.
Minutes
Motion by Webb, supported by Welburn, to approve and place on file the minutes of the February 22, 2022, Regular Meeting. Ayes: All. Nays: None. Motion carried.
Bills
Motion by Simmons, supported by Wilcox, to authorize the payment of bills in the amount of $17,515.47. Roll call vote – Ayes: Irwin, Thomas, Welburn, Wilcox, Oswalt, Webb and Simmons. Nays: None. Motion carried.
Consent Agenda
Motion by Webb, supported by Welburn, to receive and place on file all items on the Consent Agenda. Ayes: All. Nays: None. Motion carried.
First Fridays Group Request for Use of Village-owned Parks and Parking Lot
The Village Council received the following request from the First Fridays group:
1. To hold First Fridays downtown on June 3, July 1, August 5, September 2, and October 7, 2022, from 5-8pm.
2. Use of the parking lot next to Abbott & Powers for the food trucks to get them off Main Street.
3. Use of the lots next to Village Hall for an Artisan Market and the Village Commons/Columbian Park for music and other activities for each event.
Village Council members discussed the parking situation in the downtown area and agreed to the use of the parking lot next to Abbot & Powers for food trucks. They will address any concerns or need for changes to the parking arrangements after a trial run.
Motion by Webb, supported by Thomas, to receive and place on file the email request and to approve the three requests outlined in the email. Roll call vote – Ayes: Thomas, Welburn, Wilcox, Oswalt, Webb, Simmons and Irwin. Nays: None. Motion carried.
Frank Renaldi – Wightman & Associates, Inc. Water Project Updates
Frank Renaldi, of Wightman & Associates, Inc., addressed the Council and provided updates to the LSL and water main/pump house rehabilitation project, sharing that the design of the water treatment plant has changed significantly since the beginning of the project due to the necessity of modifications to accommodate the requirement that a new filtration system be installed and commissioned before removing the existing treatment, in addition to incorporating replacement of the backwash drain line and allowing for the raw water tank and aeration system to be taken off line for inspection while still providing treatment to the water.
Other parts of the project that have changed include additional soil borings for MDOT and the CN crossings, additional soil sampling near Railroad Street that will require ductile iron pipe and contaminant resistant gaskets.
The utility committee will mete on Tuesday, March 15, 2022, at 3:00 p.m., to discuss and address the changes to the project.
Motion by Webb, supported by Oswalt, to receive and place on file the March 7, 2022, email communication regarding the changes to the project design, changes to plan requirements and other projects (sanitary sewer and storm sewer) from Frank Renaldi and to authorize the payment of the invoice in the amount of $68,880.74 which was attached with the email. Roll call vote – Ayes: Welburn, Wilcox, Oswalt, Webb, Simmons, Irwin and Thomas. Nays: None. Motion carried.
President’s Report
Janae Danzy Resignation from DDA Board
Janae Danzy has resigned from the Village of Marcellus, citing conflicts with her ability to attend the required meetings.
Motion by Webb, supported by Irwin, to accept with thanks for her service, Janae Danzy’s resignation from the DDA. Ayes: All. Nays: None. Motion carried.
Motion by Oswalt, supported by Welburn, to advertise for the position in The Marcellus News for the open position on the DDA Board. Roll call vote – Ayes: Wilcox, Oswalt, Webb, Simmons, Irwin, Thomas and Welburn. Nays: None. Motion carried.
Nottingham Drain
President Welburn shared that the work on the Nottingham drain still needs to be completed. He reported that, during a meeting with Cass County Administrator Jeff Carmen, Mr. Carmen stated he would set up a meeting with the County Drain Commissioner.
During that same meeting, Mr. Carmen directed the County Deputy Administrator to set up a meeting with the Villages and Cities of the County to talk about ways we might all address the LSL replacements that are affecting municipalities in Cass County.
These meetings have yet to be scheduled and the Village Clerk was asked to contact Mr. Carmen for a meeting date.
Village Boundaries
Village Council members discussed at length the need for expansion of the Village boundaries, also discussing the previous annexation of the School Property southwest of Adams Street and requirements, which include a listing and property description of all parcels, adopting a resolution and filing of petition with Cass County Board of Commissioners.
The Village Council will address the subject again during the March 22, 2022, Village Council meeting.
Clerk’s Report
Constitutional Revenue Sharing and Act 51 Payments
Clerk Terrill shared the March 3, 2022, communication regarding Constitutional Revenue Sharing Projections from John LaMacchia II, Michigan Municipal League Director of State and Federal Affairs. The communication informs us that as a result of the adjustment, communities that have been “overpaid” will have funds withheld from their April revenue sharing payment, and in some cases their June and August payment as well.
Due to certified Census numbers, the Village of Marcellus has reportedly lost 124 residents since the 2010 Census. The Village could potentially see $21,994.00 withheld from its Revenue Sharing payments in addition to the scheduled, reduced Revenue Sharing amounts going forward. The MML has anticipated this problem and is actively advocating for communities across the State in an effort to avoid this action that could harm the Village of Marcellus and other communities like ours. Shared also was a breakdown of the total Constitutional Census Adjustment Increases and Decreases for all of Cass County as follows:
Local Unit Code Type County Census Census
Adjustment Adjustment
Decrease Increase
14-1010 Calvin Township Cass (12,578)
14-1020 Howard Township Cass (8,264) –
14-1030 Jefferson Township Cass (235) –
14-1040 La Grange Township Cass – 46,805
14-1050 Marcellus Township Cass (6,053) –
14-1060 Mason Township Cass (24,192) –
14-1070 Milton Township Cass (123,053) –
14-1080 Newberg Township Cass (9,295) –
14-1090 Ontwa Township Cass – 30,451
14-1100 Penn Township Cass (9,716) –
14-1110 Pokagon Township Cass – 7,379
14-1120 Porter Township Cass (18,388) –
14-1130 Silver Creek Township Cass (34,372) –
14-1140 Volinia Township Cass (5,672) –
14-1150 Wayne Township Cass (19,463) –
14-2010 Dowagiac City Cass (40,913) –
14-2060 Niles City Cass (152) –
14-3010 Cassopolis Village Cass (9,101) –
14-3020 Edwardsburg Village Cass – 2,967
14-3030 Marcellus Village Cass (21,994) –
14-3040 Vandalia Village Cass – 1,636
Following the Revenue Sharing discussion, Clerk Terrill shared the State of Michigan, Office of Tax Analysis (ORTA) Act 51 February 16, 2022, revenue estimate, which considers population numbers and miles of major and local miles for its estimated payments. The estimate includes $600 million of redirected income tax revenue and $35 million recreational marijuana tax revenues and a $33 million road program. With that, the estimate shows a reduced population and reduced unit value amount, meaning that the Village is seeing reduced Act 51 payments of about $8,537.00 annually.
The Village budget revenue numbers will be adjusted accordingly.
Clerk Terrill asked if the Council members and others in attendance believed they have seen a reduction in the Village’s population since 2010 in addition to asking if there were people in the room who did not participate in the 2020 Census. Two out of seven Village residents at the meeting did not participate.
Clerk Terrill shared that the Village could request a Special Census according to the information she received a Regional Technician at the U.S. Census Bureau, Chicago Regional Office. The Special Census is cost reimbursable with the local governmental unit covering all costs for the Census Bureau to hire and pay all Special Census office and field staff. If interested, the Village would need to wait until late 2023 to begin the process.
Council members talked about the possible lack of participation by what could be a sizable number of Village residents and the potential changes to the Village and its boundaries, concluding that they may need to order a Special Census. The subject will be up for discussion during a later meeting of the Village Council.
Budgets, ARPA, RAP Grant and Sidewalks
Clerk Terrill shared General and Municipal Street Fund estimated budget numbers for 2022 – 2024 and noted that the previously considered application to MDOT for Category B funds to be used for Storm Water/Street Replacement project on Read Street would need to be pushed out at least one more year due to rising costs. In addition, she asked the Council if it would officially consider the Downtown Beautification project that is preliminarily estimated to cost the Village around $124,000, if the Village successfully applies for and receives a Revitalization and Placemaking (RAP) grant with Market Van Buren to the MEDC.
Motion by Wilcox, supported by Oswalt, to commit funds for the Downtown Beautification project to be used if the Village is awarded a grant for the remaining half of the project costs. Roll call vote – Ayes: Oswalt, Webb, Simmons, Irwin, Thomas, Welburn and Wilcox. Nays: None. Motion carried.
DPW
Motion by Irwin, supported by Thomas, to receive and place on file the February 2022 DPW report. Ayes: All. Nays: None. Motion carried.
Personnel Committee: Janitor Position – Brittany Kuhse
Motion by Irwin, supported by Wilcox, to hire Brittany Kuhse, who is also a Village Crossing Guard, as a permanent part-time Janitor for at the rate of $14.00 per hour with a start date of March 12, 2022. Roll call vote – Ayes: Webb, Simmons, Irwin, Thomas, Welburn, Wilcox and Oswalt. Nays: None. Motion carried.
Adjournment
Motion by Simmons, supported by Oswalt, to adjourn at 8:44 p.m. Ayes: All. Nays: None. Motion passed.
Jacqueline A. Terrill
Village Clerk
Ronald Welburn
Village President
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