July 26, 2022
President Welburn called the regular meeting of the Marcellus Village Council to order at 7:00 p.m. on July 26, 2022, at the Marcellus Village Hall Council Room. Trustees present: Simmons, Irwin, Thomas, Oswalt, Haley and Webb.
Motion by Simmons, supported by Oswalt, to approve the agenda with the following addition:
Under President’s Report – Add Item E. Faith Plastics Lease.
Ayes: All. Nays: None. Motion carried.
Motion by Webb, supported by Thomas, to approve and place on file the minutes of the
July 12, 2022, Regular Meeting. Ayes: All. Nays: None. Motion carried.
Motion by Irwin, supported by Simmons, to authorize the payment of bills in the amount of $26,196.26. Roll call vote – Ayes: Webb, Simmons, Thomas, Oswalt, Haley, Welburn, Irwin. Nays: None. Motion carried.
Motion by Webb, supported by Irwin, to approve all items on the Consent Agenda and further recognizing the work Ordinance Enforcement Officer Mike Haydon has put into the various blight cases in the Village. Ayes: All. Nays: None. Motion carried.
President Welburn reported he and the Village Clerk had attended the most recent Marcellus Township meeting to hear and comment on the discussion regarding the Village’s plans for annexing properties into the Village. He indicated the discussion had gone well and there was an apparent, tentative agreement, if the Village would agree to changing its plans by not attempting to annex the properties on the northwest side of M-40.
At this point in President Welburn’s report, Township Supervisor Ed Koshar reported that there is some dissention regarding the property at 13095 M-40 and Mr. Koshar does not think the Township Board will approve the annexation if the Village does not also change its plans to annex this piece of property.
Village Attorney Luke Nofsinger reminded those in attendance that Cass County has indicated it would not hear the Village’s petition to annex properties if the Village and the Township do not have an agreement prior to petitioning the County.
After further discussion regarding the potential changes in plans, Irwin moved, supported by Simmons, to reschedule the Village Boundaries to the August 9, 2022, Village Council meeting. Ayes: All. Nays: None. Motion carried.
Ordinance No. 242 ORV Ordinance
The discussion on the ORV Ordinance was rescheduled to the August 9, 2022, Village Council meeting so that Council members can provide the Clerk with a list of safety requirements they would like to see in the ordinance.
Sarah Ayers’ Resignation from DDA and Appointment to DDA Director
Motion by Welburn, supported by Webb, to accept with thanks for her service, Sarah Ayers’ resignation from the DDA Board and to approve the DDA’s appointment of her to its newly created DDA Director position. Ayes: All. Nays: None. Motion carried.
Faith Plastics Lease
Motion by Irwin, supported by Welburn, to approve the amended lease agreement with Faith Plastics dated July 26, 2022, with a term of seven years from date of execution, and authorizing the Village President and Village Clerk to execute the document and return it to Faith Plastics for signature. Roll call vote – Ayes: Oswalt, Haley, Welburn, Irwin, Webb, Simmons and Thomas. Nays: None. Motion carried.
S&P Global Ratings Engagement for Water Bonds
Motion by Thomas, supported by Oswalt, to approve the required S&P Global Ratings credit assessment for the Village of Marcellus Water System Revenue Bonds, Series 2022, dated September 20, 2022, due September 26, 2022, at a cost for the credit assessment fee of $15,750. Roll call vote – Ayes: Haley, Welburn, Irwin, Webb, Simmons, Thomas and Oswalt. Nays: None. Motion carried.
Motion by Webb, supported by Irwin, to approve the ZBA Bylaws, as revised. Roll call vote – Ayes: Welburn, Irwin, Webb, Simmons, Thomas, Haley and Oswalt. Nays: None. Motion carried.
Water Loss Report
Clerk Terrill shared the 2022 monthly Water Loss Report and requested the Council consider hiring a leak detection company to help the Village determine if there are leaks in the water system. Irwin moved, supported by Webb, to get quotes for leak detection services and report back to the Council. Ayes: All. Nays: None. Motion carried.
Peerless Annual Pump and Well Inspections Performed July 19, 2022
Motion by Irwin, supported by Thomas, to approve the invoice from Peerless Midwest, Inc., in the amount of $770.00 for the required annual Service and Testing of the Village’s (2) well and pump installations and service of (2) high-service pumps in the filter plant. Roll call vote – Ayes: Irwin, Webb, Simmons, Thomas, Oswalt, Hayley and Welburn. Nays: None. Motion carried.
Closed Session per MCL 15.268, Section 8(h), to Consider Material Exempt from Discussion or Disclosure by State or Federal Statute, Specifically a Legal Memorandum.
President Welburn requested a closed session for discussion of a legal memorandum provided by Village Attorney, Luke Nofsinger. Motion by Welburn, supported by Thomas, move into closed session at 8:05 pm for that purpose by authority of the statute cited above. Roll call vote – Ayes: Webb, Simmons, Thomas, Oswalt, Haley, Welburn and Thomas. Nays: None. Motion carried.
The Council moved into closed session at 8:05 pm and returned to open session at 8:15 pm.
Action Taken on Discussion of Legal Memorandum in Open Session
There was no action taken on the discussion of the Legal Memorandum regarding material exempt from discussion or disclosure by State Statute per MCL 15.268(h) provided by Village Attorney Luke Nofsinger.
Guardian Benefits Health Insurance Renewal
Motion by Irwin, supported by Simmons, to renew the Guardian Benefits Insurance Policy, which covers dental, vision, life and disability for eligible employees “as is” for the renewal period of September 1, 2022, to August 31, 2023. The renewal for this year comes with a 3% increase for the Vision portion of the package. Roll call vote – Ayes: Thomas, Oswalt, Haley, Webb, Irwin, Welburn and Simmons. Nays: None. Motion carried.
Motion by Simmons, supported by Oswalt, to adjourn at 8:22 p.m. Ayes: All. Nays: None. Motion passed.
Jacqueline A. Terrill, Village Clerk
Ronald Welburn, Village President