President Irwin called a special meeting of the Marcellus Village Council to order at 7:00 p.m. on October 2, 2025, in the Marcellus Village Hall. Trustees present: Markle, Engstrom, Webb, Irwin, Haley M., Haley G. and Watts.
Agenda
Motion by Irwin, supported by Engstrom, to approve the agenda as presented. Ayes: All. Nays: None. Motion carried.
Closed Session per MCL 15.268(h) To consider Material Exempt from Discussion or Disclosure by State and Federal Stature, specifically, a Legal Memorandum
President Irwin requested a closed session for discussion of a memorandum of law provided by the Village Attorney, Danielle Hatch, for the Downtown Beautification Project. Motion by Irwin, supported by Haley G., to move into closed session at 7:03 p.m. for that purpose and/or to consider material exempt from discussion or disclosure by state or federal law, per MCL 15.268(h). Roll call vote: Ayes: Haley M., Irwin, Webb, Markle, Engstrom and Haley G. Nays: Watts. Motion carried.
The Village Council moved back into open session at 8:45 p.m.
Legal Action on Downtown Beautification Project
Motion by Irwin, supported by Haley M., to move forward with legal action against Wightman & Associates, Inc., Balkema Excavating, Inc., and Western Surety Company regarding the design and workmanship issues on the Village of Marcellus Main Street Beautification Project. This action is supported by:
• The Village’s request for corrections (emailed to Wightman & Balkema on April 16, 2025), which included MDOT’s April 10 and April 11, 2025, email correspondence detailing required corrective actions and findings.
• The Notice of Default (July 15, 2025, sent to Wightman and Balkema, and copied to Western Surety Company), which set forth defective and incomplete work that needed to be cured within 30 days.
• The Evaluation of Construction Compliance document provided by Higgins & Associates, which resulted from a site visit and outlined the deficient, defective, and/or non-compliant design and/or construction existing on the East Main Street property (between Burney Street and Centre Street).
Roll call vote – Ayes: Webb, Irwin, Engstrom, Haley G., Watts, Markle and Haley M. Nays: None. Motion carried.
MDOT’s Deadline to Correct the Work on the Downtown Beautification Project
Attorney Daniel Hatch, of Butzel Long’s Grand Rapids office, provided a recap of the Downtown Beautification Project, addressing the Village’s receipt of MDOT’s notification for corrective action due September 30, 2025. He specifically explained that MDOT’s request for the Village to file for a permit extension to December 31, 2025, which is an extension granted to the Village, not an extension from MDOT or the Village to Wightman and Balkema. Mr. Hatch concluded by outlining the defects identified by MDOT and Higgins & Associates and answering questions from the public.
Adjournment
Motion by Haley M., supported by Markle, to adjourn at 9:05 p.m. Ayes: All. Nays: None. Motion passed.
Jacqueline A. Terrill
Village Manager/Clerk
Dennis Irwin
Village President
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