Regular Council

AGENDA Regular Council Meeting 6:00 PM - Monday, August 7, 2023 Village Council Room Page CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL I. PUBLIC HEARING 4 a. Public Hearing for Ordinance No. 2023-03 "An Ordinance to Provide for Hazardous Material Spill Cost Recovery" Notice of Public Hearing Ordinance 2023-03 Hazardous Material Spill Cost Recovery II. APPROVAL OF THE AGENDA a. III. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Village Council and shall be enacted by one motion. There will be no separate discussion of these items unless a trustee or citizen requests to do so, in which event the item shall be removed from the General Order of Business and considered in its normal sequence on the agenda. a. Page 1 of 26  IV. *ADOPTION OF MINUTES 5-8 a. *Monday, July 17, 2023 Regular Council Meeting Minutes 07.17.2023 Regular Council Meeting Minutes - UA 9 - 10 b. *Tuesday, August 1, 2023 Special Council Meeting Minutes 08.01.2023 Special Council Meeting Minutes - UA V. APPROVAL OF PAYMENT OF BILLS AND PAYROLL FOR JULY 2023 IN THE AMOUNT OF $141,979.44 11 - 12 a. 07.2023 AP&Payroll VI. PUBLIC COMMENT VII. UNFINISHED BUSINESS 13 - 15 a. Ordinance No. 2023-03 "An Ordinance to Provide for Hazardous Material Spill Cost Recovery" 2023-03 Hazardous Material Spill Cost Recovery 16 - 22 b. Shed Purchase Storage Shed Price Quotes VIII. NEW BUSINESS a. Farwell Fairgrounds - Yard Sale Permit b. Committee Selection Discussion 23 c. Training - Lisa & Adrian MAMC 2023 Member Education Day 24 d. Dozer Rental Dozer Rental - Macallister Machinery 25 - 26 e. Consumer's Energy Prosperity Award Grant 2023 Prosperity Awards Information IX. ADMINISTRATIVE REPORT Page 2 of 26 X. ZONING REPORT XI. COMMITTEE REPORT a. Finance b. Parks & Rec c. DPW Upcoming Meeting on Thursday, August 17th. d. Personnel XII. MILL POND PROJECT XIII. PRESIDENT DISCUSSION XIV. ADDITIONAL REMARKS XV. EXTENDED PUBLIC COMMENT XVI. ADJOURNMENT NEXT REGULAR COUNCIL MEETING ON MONDAY, AUGUST 17, 2023 Page 3 of 26  Notice of Public Hearing Village of Farwell Proposed Ordinance The Village of Farwell Council will conduct a public hearing on Monday, August 7, 2023 at 6:00 pm. The hearing will take place at 109 S. Hall St., Farwell, Michigan. The purpose of the hearing is to hear public comment in regard to a proposed ordinance to provide for hazardous material spill cost recovery. All interested persons are invited to be present and be heard as to their views. Persons making oral presentations are encouraged to submit written copies to the Village Clerk at adrian@villageoffarwell.org via e-mail, for the record. Public comment/testimony may be given at the appropriate times during the meeting when called for. The proposed ordinance is available for review in the Village Office at 109 S. Hall St., Farwell, MI 48622. Monday through Friday 7:30am – 4:00pm. For further information on this proposal or the public hearing, or if interpretation or translation services are needed, including for the hearing impaired, call the Village offices at 989.588.9926. Sincerely, Adrian Krawczynski Village Clerk/Treasurer Page 4 of 26  MINUTES Regular Council Meeting 6:00 PM - Monday, July 17, 2023 Village Council Room The Regular Council of the Village of Farwell was called to order on Monday, July 17, 2023, at 6:00 PM in the Village Council Room, with the following members present: PRESENT: President Tracey Jackson, Trustee Amanda Pfruender, Trustee Gina Hamilton, Trustee Jeff Linton, Trustee Shawn Burger, Tonya Roe, and Trustee Victoria Williams EXCUSED: I. APPROVAL OF THE AGENDA a. Trustee Gina Hamilton made a motion to approve the agenda with the following addition: under New Business item e. "Lift Station Pump" Trustee Amanda Pfruender seconded the motion. Motion Carried. II. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Village Council and shall be enacted by one motion. There will be no separate discussion of these items unless a trustee or citizen requests to do so, in which event the item shall be removed from the General Order of Business and considered in its normal sequence on the agenda. a. Trustee Amanda Pfruender made a motion to approve the consent agenda Trustee Victoria Williams seconded the motion. Motion Carried. III. *ADOPTION OF MINUTES a. *Monday, July 3, 2023 Regular Council Meeting Minutes IV. PUBLIC COMMENT a. No public comment. V. UNFINISHED BUSINESS a. Draft Ordinance No. 2023-03 - "Hazardous Material Spill Cost Recovery" was discussed by Council. Adrian will start the process for adoption. Page Page51ofof26 4  b. The DTE Tree Grant was discussed. Adrian will be turning in the application this week. c. The Sidewalk Project by the schools was discussed. d. The purchase of a new shed by the Farmer's Market was discussed. Council requested more quotes for a comparison. This will be placed on the next Parks & Recreation agenda and Council agenda. e. The grant for the Mill Pond was discussed. Council requested a meeting prior to the regularly scheduled meeting on Monday, August 7th, to review the received bids. A tentative date is scheduled for Thursday, July 27th at 6:00pm. Adrian will reach back out to Council to confirm the date and time for the meeting. VI. NEW BUSINESS a. Resolution 2023-15, "Approving a Special Land Use for AMEDMA for State Licensed Adult Use Marijuana Facilities" was reviewed. Trustee Amanda Pfruender made a motion to adopt Resolution 2023-15, "Approving a Special Land Use for AMEDMA for State Licensed Adult Use Marijuana Facilities" Trustee Victoria Williams seconded the motion. Roll Call. Yeas: Trustee Amanda Pfruender, Trustee Victoria Williams, Trustee Shawn Burger, Trustee Tonya Roe, Trustee Gina Hamilton, and President Tracey Jackson. Nays: Trustee Jeff Linton. Absent: None. Motion Carried 6-1 (opposed: Trustee Jeff Linton). b. New chairs for the Council room was discussed. Trustee Gina Hamilton made a motion to purchase eight (8) office chairs for the Council tables from Staples, not to exceed an amount of $1,000.00 Trustee Jeff Linton seconded the motion. Motion Carried. c. The purchase of two (2) fire hydrants was reviewed. Trustee Jeff Linton made a motion to purchase two (2) fire hydrants and required supplies from Michigan Pipe & Valve, in the amount of $10,436.00 Trustee Victoria Williams seconded the motion. Roll Call. Yeas: Trustee Jeff Linton, Trustee Victoria Williams, Trustee Shawn Burger, Trustee Tonya Roe, Trustee Amanda Pfruender, Trustee Gina Hamilton, and President Tracey Jackson. Nays: None. Absent: None. Motion Carried d. The possibility of a summer sewer discount was discussed. At this time the Council is not interested in pursuing this, per the previous discussions and recommendations from when the new rate schedules were created for the USDA grant. e. The purchase of a new pump for Lift Station No.1 was reviewed. Trustee Gina Hamilton made a motion to approve the purchase of a new pump for Lift Station No.1, in the amount of $1,055.00 Trustee Jeff Linton seconded the motion. Roll Call. Yeas: Trustee Gina Hamilton, Trustee Jeff Linton, Trustee Shawn Burger, Trustee Tonya Roe, Trustee Victoria Williams, Trustee Page Page62ofof26 4  Amanda Pfruender, and President Tracey Jackson. Nays: None. Absent: None. Motion Carried. VII. ADMINISTRATIVE REPORT a. Adrian provided some updates to Council. The auditors are scheduled to be in the office on July 24th to finish up their audit. Isabella Citizen's for Health is doing a groundbreaking ceremony this Wednesday at 3pm if anyone can make it. Maple Grove will be paved this Wednesday. Consumer's Energy rates for Lift Station No.1 was also discussed. Complaints about Maple Grove and people fishing at the Mill Pond were brought forth. VIII. TREASURER REPORT a. The Bank and Fund Report as of June 30, 2023 was presented to Council. b. The Treasurer's Tax Report as of July 14, 2023 was presented to Council. IX. ZONING REPORT a. Zoning Administrator Julie Albright presented an updated list of things she has been working on. There was discussion about mobile homes within the Village. Adrian will reach out to the Village's lawyer to seek clarification on the subject. X. COMMITTEE REPORT a. Finance b. Parks & Rec. Trustee Victoria Williams and Trustee Gina Hamilton gave some updates from their Parks & Rec Meeting on July 6th. c. DPW d. Personnel XI. PRESIDENT DISCUSSION a. Tracey Jackson provided some updates to Council in regard to the MiWorks program. XII. ADDITIONAL REMARKS a. Reminder that the Surrey Township Fire Department will be having their spaghetti dinner on Friday the 21st from 4pm-6pm. XIII. EXTENDED PUBLIC COMMENT a. No public comment. Page Page73ofof26 4 XIV. ADJOURNMENT a. Trustee Amanda Pfruender made a motion to adjourn the meeting at 7:26pm Trustee Victoria Williams seconded the motion. Motion Carried. NEXT REGULAR COUNCIL MEETING ON MONDAY, AUGUST 7, 2023 AT 6:00PM Clerk/Treasurer President Page Page84ofof26 4  MINUTES Special Meeting 6:00 PM - Tuesday, August 1, 2023 Village Council Room The Special of the Village of Farwell was called to order on Tuesday, August 1, 2023, at 6:00 PM in the Village Council Room, with the following members present: PRESENT: President Tracey Jackson, Trustee Gina Hamilton, Trustee Victoria Williams, Trustee Shawn Burger, and Tonya Roe EXCUSED: Trustee Amanda Pfruender and Trustee Jeff Linton CALL TO ORDER & PLEDGE OF ALLEGIANCE I. APPROVAL OF THE AGENDA a. Trustee Gina Hamilton made a motion to approve the agenda Trustee Victoria Williams seconded the motion. Motion Carried. II. PUBLIC COMMENT a. No public comment received. III. NEW BUSINESS a. Brian Rowley from Fleis & Vandenbrink discussed the bids received for the Mill Pond Dredging Project. Council reviewed the Bid Results and Contract Award Recommendations for the Mill Pond Dredging Project Letter, from Fleis & Vandenbrink. Council reviewed further correspondence in regard to the Mill Pond Dredging Project. b. After reviewing and discussing the bids received, and considering the recommendation from Fleis & Vandenbrink, Council decided to award a bid for the project. Trustee Gina Hamilton made a motion to award the bid for the Village of Farwell Mill Pond Dredging Project to Michel's Corporation, in the amount of $800,000.00, with the dredging work to start as soon as possible Trustee Shawn Burger seconded the motion. Roll Call. Yeas: Trustee Gina Hamilton, Trustee Shawn Burger, Trustee Victoria Williams, Trustee Tonya Roe, and Page Page91ofof26 2  President Tracey Jackson. Nays: None. Absent: Trustee Jeff Linton and Trustee Amanda Pfruender. Motion Carried IV. EXTENDED PUBLIC COMMENT a. No public comment received. V. ADJOURNMENT a. Trustee Gina Hamilton made a motion to adjourn the meeting at 6:44pm Trustee Victoria Williams seconded the motion. Motion Carried. NEXT REGULAR COUNCIL MEETING ON MONDAY, AUGUST 7TH, 2023 AT 6:00PM Clerk/Treasurer President Page Page 102ofof26 2  VILLAGE OF FARWELL CHECK REGISTER & PAYROLL 07/01/2023 - 07/31/2023 Check Date Check Vendor Name Amount 07/07/2023 104452 CITY OF CLARE $ 150.00 07/07/2023 104453 CONSUMERS ENERGY $ 1,689.17 07/07/2023 104454 DEERE & COMPANY $ 14,234.67 07/07/2023 104455 DRUG SCREENS PLUS $ 64.00 07/07/2023 104456 DTE ENERGY $ 417.98 07/07/2023 104457 FAMILY FARM AND HOME $ 237.96 07/07/2023 104458 HERSHBERGERS HARDWARE $ 21.28 07/07/2023 104459 HOERAUF AND NEVILL, P.C. $ 1,360.75 07/07/2023 104460 JASON WALTERS $ 119.98 07/07/2023 104461 JULIE ALBRIGHT $ 40.61 07/07/2023 104462 MICHIGAN PIPE & VALVE $ 1,859.40 07/07/2023 104463 MOORE AUTOMOTIVE $ 339.16 07/07/2023 104464 SURREY TOWNSHIP TREASURER $ 49.65 07/07/2023 104465 TRACE ANALYTICAL LABORATORIES, INC. $ 1,153.55 07/07/2023 104466 TRI LAKES PETROLEUM LLC $ 1,003.57 07/07/2023 104467 VERIZON WIRELESS $ 237.39 07/07/2023 104468 VILLAGE OF FARWELL $ 62.57 07/07/2023 56(E) DEERE CREDIT, INC $ 421.96 07/07/2023 57(E) PITNEY BOWES, INC. $ 1,005.00 07/11/2023 104469 CENTRAL MI DISTRICT HEALTH DEPT. $ 100.00 07/12/2023 104470 ACE HARDWARE $ 199.92 07/12/2023 104471 ALWAY'S GREEN $ 2,024.50 07/12/2023 104472 AT&T $ 51.38 07/12/2023 104473 BOUCHEY & SONS $ 805.20 07/12/2023 104474 CONSUMERS ENERGY $ 293.25 07/12/2023 104475 COUNTY WIDE SEPTIC $ 900.00 07/12/2023 104476 ETNA SUPPLY COMPANY $ 1,222.50 07/12/2023 104477 GFL ENVIRONMENTAL $ 800.00 07/12/2023 104478 HERSHBERGERS HARDWARE $ 1,000.00 07/12/2023 104479 HUTSON INC. $ 41.98 07/12/2023 104480 RACHAEL HUMPHREY $ 22.14 07/12/2023 104481 FARWELL AREA CHAMBER OF COMMERCE $ 150.00 07/19/2023 104484 AT&T $ 1,473.57 07/19/2023 104485 BOUCHEY & SONS $ 381.51 07/19/2023 104486 BS & A SOFTWARE $ 420.00 07/19/2023 104487 CHAMBERLIN PONY RIDES $ 1,050.00 07/19/2023 104488 CLARE COUNTY TREASURER $ 645.44 07/19/2023 104489 CONSUMERS ENERGY $ 2,311.97 07/19/2023 104491 GABE COUCH $ 300.00 07/19/2023 104493 MARCUS PASHENEE $ 100.00 07/19/2023 104494 MARVIN FRAYER $ 78.00 07/19/2023 104495 MICHAEL GORHAM $ 100.00 07/19/2023 104496 MIDMICHIGAN HEALTH $ 60.00 07/19/2023 104497 MOORE AUTOMOTIVE $ 126.67 07/19/2023 104498 PK CONTRACTING $ 2,149.95 Page 11 of 26 07/19/2023 104499 REHMANN TECHNOLOGY SOLUTIONS $ 262.50 07/19/2023 104500 TRACE ANALYTICAL LABORATORIES, INC. $ 412.00 07/19/2023 104501 TYLER QUILLAN $ 300.00 07/19/2023 104502 WEX BANK $ 1,315.52 07/20/2023 104503 CURT HISER $ 5,000.00 07/21/2023 104504 BRIAN WOODMAN $ 400.00 07/27/2023 104505 AT&T MOBILITY $ 92.50 07/27/2023 104506 BLUTECH DATA LLC $ 250.00 07/27/2023 104507 CLARE COUNTY MOUNTED DIVISION $ 300.00 07/27/2023 104508 CLARE COUNTY REVIEW $ 800.00 07/27/2023 104509 CONSUMERS ENERGY $ 2,756.90 07/27/2023 104510 ELHORN ENGINEERING COMPANY $ 305.00 07/27/2023 104511 ETNA SUPPLY COMPANY $ 980.57 07/27/2023 104512 FLEIS & VANDENBRINK $ 16,342.36 07/27/2023 104513 HUTSON INC. $ 589.08 07/27/2023 104514 JASON WALTERS $ 203.58 07/27/2023 104515 MAMC $ 525.00 07/27/2023 104516 MICHIGAN MUNICIPAL RISK MANAGEMENT $ 9,341.50 07/27/2023 104517 MOORE AUTOMOTIVE $ 155.04 07/27/2023 104518 NORTHERN PUMP AND WELL $ 34,684.00 07/27/2023 104519 PALMER'S HARDWARE $ 818.62 07/27/2023 104520 PRINTING SYSTEMS, INC. $ 234.05 07/27/2023 104521 REHMANN TECHNOLOGY SOLUTIONS $ 75.00 07/27/2023 104522 SEITER ELECTRIC, INC. $ 363.78 07/27/2023 104523 STANDARD INSURANCE COMPANY $ 181.23 07/27/2023 104524 STAPLES $ 489.41 07/27/2023 104525 TRACE ANALYTICAL LABORATORIES, INC. $ 209.60 07/27/2023 104526 WOODS HOUSEHOLD $ 400.00 07/27/2023 58(E) ISABELLA BANK $ 3,003.99 Total of 74 Checks: $ 122,067.86 Payroll 7/6/2023 Regular Payroll w/Opt-Out $ 10,645.84 7/20/2023 Regular Payroll $ 9,265.74 Payroll Total $ 19,911.58 TOTAL AP & PAYROLL - JULY 2023 $ 141,979.44 Page 12 of 26  VILLAGE OF FARWELL AN ORDINANCE TO PROVIDE FOR HAZARDOUS MATERIAL SPILL COST RECOVERY ORDINANCE NO. 2023-03 An Ordinance to establish charges for Village emergency service responding to an incident involving hazardous materials under Public Act 102 of 1990 (MCLA 41.806a) and to provide for methods for the collection of such charges. THE VILLAGE OF FARWELL ORDAINS: SECTION 1. PURPOSE. In order to protect the Village from incurring extraordinary expenses resulting from the utilization of Village resources to respond to an incident involving the spill, release or discharge of hazardous materials, or the improper handling or storage of hazardous materials, the Village Council shall recover from the responsible parties the reasonable and actual cost incurred by the Village in responding to calls for assistance in connection with hazardous release. SECTION 2. DEFINITIONS A. “Cost” and “Village Costs” mean any and all expenses incurred by the Fire, Police and Public Works Department and/ or any other department hired by the Village to supply services to the Village, whether direct or indirect, and shall include, but not be limited to, expense attributable to the responses, control or abatement of any hazardous materials release, including cost of equipment, operations and personnel, costs of materials utilized, fringe benefit costs, overhead cost, costs of meals for all personnel, costs involved in the incident, costs of specialist, medical expenses for exposures, injuries or illnesses resulting from the incident, costs of experts or other contract labor services not in full-time employment of the Village, costs incurred by fire departments requested to assist and all other costs incurred by the Village as result of said incident. B. “Facility” means any area, place or property where a hazardous material has been released, deposited, stored or disposed of or otherwise comes to be located. C. “Fire Department” means any fire department rendering service to Farwell Village. D. “Hazardous Materials” means any of the following: 1. Substances or materials in quantity or form which, in the determination of Fire Chief of the fire department responding to the release of hazardous materials or his or her authorized representative, pose an unacceptable risk or danger to the public health, safety, or welfare, the environment, or property, and shall include, but not limited to, such substances as chemicals, explosives, radioactive materials, petroleum or petroleum products, gases, poisons etiologic (biologic) agents, flammables and corrosives. 2. Hazardous substances as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96-510, 94 State, 2767, as amended. 3. Hazardous substances as defined in Part 201 of Act No. 451 of the Public Act of 1994 of the State of Michigan, as amended. 4. Hazardous waste as defined in Part 111 of Act No. 451 of the Public Acts of 1994 of the State of Michigan, as amended. 5. Petroleum as described in Part 213 of Act No. 451 of the Public Acts of 1994 of the State of Michigan, as amended. E. “Person” means an individual, sole proprietorship, partnership, joint venture, trust, firm joint stock company, corporation, limited liability company or any other legal entity. Page 13 of 26  F. “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a hazardous substance into the environment, or the improper handling or storage thereof, of the abandonment or discharging of barrels, containers, or other receptacles containing a hazardous substance. G. “Threatened Release” means any circumstances that may reasonably be anticipated to cause a release. SECTION 3. RESPONSIBILTY FOR ABATEMENT, CONTROL AND COSTS: USE OF OUTSIDE CONTRACTORS OR MUNICPAL FORCES. Any person who accidentally, negligently, or intentionally causes or is responsible for any release, spill, or improper handling or storage of any hazardous material in the Village shall be responsible and liable for the abatement, control, capture, removal and proper storage or disposal of such hazardous materials and for all costs associated therewith. It shall be the duty of any responsible party to remove immediately hazardous material released and undertake and complete a total cleanup of the area of the release in such a manner as to ensure that the hazardous material are fully removed and the area is fully restored to its condition prior to the release of such hazardous material, or to conditions or standards established by Michigan Department of Natural Resources pursuant to Act 307 of the Michigan Public Act of 1982, as amended or other applicable law or environmental law regulations. Any responsible party who fails to comply completely with the provisions of this ordinance shall be liable to the Village, its agents, contractors and employees for any costs incurred in the removal and cleanup of any and all hazardous materials and the restoration of the affected property. In the event that any responsible party fails to remove immediately such hazardous material, the Village shall have the right to enter on the property involved with the release and remove and conduct a cleanup of all hazardous materials either by Village employees or by contractors and gents of the Village. Where the HazMat Unit is used for any aspect of the removal, cleanup, control or monitoring of any release or other incident involving hazardous materials, the responsible party shall be liable to the Village for cost incurred in using the HazMat Unit. SECTION 4. RECOVERY COSTS A. The Village shall be entitled to recover all assessable costs in connection with a public safety or fire emergency incident from any responsible parties jointly or severally. B. The Village President or his or her designee shall determine the total assessable costs and shall in consultation with other Village personnel involved in responding to a public safety or fire emergency incident determine whether to assess any, all or part of such costs against any of the responsible parties. In making such determination, the following shall be considered: 1. The total assessable costs; 2. The risk and public safety or fire emergency incident imposed on the Village, its residents and their property; 3. Whether there was any injury or damage to persons or property; 4. Whether the public safety or fire emergency incident required evacuation; 5. The extent the public safety or fire emergency incident required an unusual or extraordinary use of Village personnel and equipment, and 6. Whether there was any damage to the environment. C. After determining to assess assessable costs against a responsible party, the Village Clerk shall mail an itemized invoice to the responsible party at its last known address. Such invoice shall be due and payable within thirty (30) days of the date of mailing and any amounts unpaid after such date shall bear a late payment fee equal to one percent (1%) per month or fraction thereof that the amount due and any previously imposed late payment fee remains unpaid. Page 14 of 26  D. In the event that said costs are not paid, the Village make take whatever collections steps may be deemed appropriate, including the placement of all such charges on the tax roll for said property and to levy and collect such costs in the same manner as provided for the levy and collection of real property taxes against the such property. E. If the responsible party fails to pay the Village for costs incurred within the thirty days of the date of the invoice sent by the Village to the responsible party, the Village may institute legal action to collect the costs due, including expenses, costs and reasonable attorney fees incurred to collect those costs. SECTION 5. OTHER REMEDIES. The Village shall be entitled to pursue any other remedy or may institute any appropriate action or proceeding in the court of competent jurisdiction as permitted by law to collect assessable costs from a responsible party. SECTION 6. SEVERABILITY Should any provision or part of the within ordinance be declared by any court of competent jurisdiction to be invalid or enforceable, the same shall not affect the validity or enforceability of the remainder of this ordinance. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days following date of publication as required by law. All Ordinances or part Ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. Passed by the Village Council of the Village of Farwell on Monday, August 7,2023, at its regular meeting with (#) Council members in attendance, (#) voting aye, (#) nay. Adopted by the Village Council of the Village of Farwell this 7th day of August, 2023. Signed: _____________________________________________ Tracey Jackson, Village President I hereby certify that the foregoing was duly adopted by the Village of Farwell, Michigan, at its regular meeting on the 7th day of August, 2023, that of seven (7) members of the Village Council, (#) were in attendance and (#) voted for the adoption of the Ordinance. I further certify that the above and foregoing ordinance is recorded in Ordinances for the Village of Farwell. _______________________________________________ Adrian Krawczynski, Village Clerk Page 15 of 26  Old Hickory Buildings Wanner LLC Cust. Service: (615)890-8075 2749 E Ludington Dr. w\/i/\/l/.o|dhickorybuildings.com t 01. llHICKORY C|are,M| 48617 -BUlL0lNGS— 989-424-6158 Purchase Type: ORDER-SHOP BUILT Date;0']/13/2023 Building Type: Lofted Barn salesman; Size: 16x24 Reference #: 1HJ2QOFD I NOTES/COMMENTS I *Revisions on Custom Orders subject to fee, see below for details All Sizes Nomina|* *12' wide measured eave to eave* *7‘ & 8' Tall Walls Discount Reason: SPRING SALES Measured on Outside* Customer Name (Name must match ID) 1: Delivery Address: Mailing Address: (City) (State)Ml (Zip) City: State: (County) ZIP: Primary Phone: Work Phone: Email: NO EMAIL Ce“ Phone: Cash Sale OC/:g7_f.k:paygb(,:.tO'- Free setup includes leveling the building to the specifications on our LLC, /C Cry L” mgs’ blocking diagram (customer may request a copy from dealer) Am°""t _ starting with the high corner at ground level or one four inch sa'e5 P"°e $15-175-00 concrete block high. Buildings may then be leveled to a maximum Option Cost $753.00 of 3 feet at the highest corner. If leveling requires one (1) foot or Discount $1’5g2_8o less, pressure treated wood may be used. Otherwise, customer Building Materials may supplyconcrete blocks which are placed on top of the ground, $0.00 or driver can supply concrete blocks for $3.00 each. In very rare Surcharge cases, underground footers may be required by local building T°ta|(Pre'Tax) $14'335'20 codes. Old Hickory Buildings does not offer digging or footer Tax 5350-11 services, and these services are not included in free setup. Total Cost _§_'1$,,1-'9§l._3'"1 " However, we can work with Customer or a contractor when required _ for an additional cost. Free delivery covers one trip up to thirty (30) miles one way. Trips over thirty (30) miles are subject to a $4.00/mile (8, 10, & 12 ft wide) or $5.00/mile (14ft wide) or $6.00/mile (16ft wide) charge one way. Customer will be responsible for any additional mileage charge as well as the cost of any additional trips. * A non-refundable fee will be charged on cancellations or revisions of custom orders as follows: 10% on cash Page 16 of 26 sales of 8ft, 10ft, & 12ft wide buildings, 20% on cash sales of 14ft & 16ft wide buildings, up to 50% on any build on site order; or, on rent  Old Hickory Buildings, LLC - QUOTE SHEET — Quote Only Reference #: 1HJ2QOFD Sales Lot Wanner LLC Date 07/13/2023 Customer Name Bldg Type/Size 6'3" Lofted Barn 16x24 Bldg TVP9 Item Price Qt Total Price _ _ 2x6 Floor Joists INCLUDED Flooring Engineered Panels T&G Faux Loft Door INCLUDED Roof Brown - Meta. 70.00 EA $70.00 60-00 EA $60-00 Siding Type LP SmartPanel ‘ 3' Sinle Door with Windo 180.00 E $180.00 _ _ 10x29 Horz Window 100.00 E $200.00 E t F h “"" ° 17.00 LF $408.00 wancoo Clay Paint INCLUDED Double Door 165.00 E $-165.00 Trim Color TOTAL OPTIONS PRICE $753.00 Noteslcomments Page 17 of 26  Old Hickory Buildings, LLC - DRAWING SHEET Please send along with work order and order sheet on all custom orders - Reference #: 1HJ2QOFD Sales Lot Wanner LLC Date 07/13/2023 Customer Name Bldg TypelSize 6'3" Lofted Barn 16x24 FRONT 16' To Eave-s—ej—— <—Z«s'2"?—> CTR 3‘ Doorwinduw Er N Page 18 of 26  Old Hickory Buildings, LLC - Additional Terms, Conditions, and Warranties - Please send along with work order, order sheet, and drawing sheet on all custom orders Reference #: 1HJ2Q0FD Sales Lot Wanner LLC Date 07/13/2023 Customer Name Bldg TypelSize 6'3" Lofted Barn 16x24 Additional Terms, Conditions and Warranties 1. SALE IS NOT FINAL. This Agreement is subject to approval and execution by Old Hickory's corporate office. Old Hickory has the right to refuse any sale up until the time when the building is set up at customer's location. Old Hickory shall have the right to correct any errors in this Agreement concerning pricing or taxes. 2. LIMITED WARRANTY. Customer will receive a limited five-year warranty. The details of this warranty can be found online at www.oIdhickorybui|dings.com. Customer acknowledges that Customer has been provided a copy of this warranty or have had adequate time to review this warranty online. Discounted Buildings do not carry a warranty on cosmetic issues. 3. DELIVERY AND SETUP. Old Hickory strives to deliver all buildings in a timely manner consistent with our customers‘ expectations; however, Old Hickory does not guarantee dates or times of delivery. Customer expressly understands that inclement weather, vehicle problems, difficulties at other delivery locations, and/or other unforeseen circumstances can affect the date and time of delivery. Old Hickory is not responsible for any of Customer's lost work time associated with any delays or rescheduled deliveries. Customer represents that the delivery location will be accessible by a truck and trailer. It is the Customer's responsibility to decide if ground conditions are unsuitable or too wet for delivery. Customer is responsible for informing the delivery driver of any utility hazards or any other relevant matter prior to commencement of setup. 4. LIMITATIONS. Old Hickory is not responsible for permits, snow/wind load requirements, covenant searches, restrictions, setbacks, yard damage, or underground damage. Please contact your local building inspector and/or homeowner's association for information on requirements and restrictions. Customer shall be solely responsible for and shall obtain any necessary permits PRIOR TO installation. Customer agrees to indemnify and hold harmless Old Hickory and its independent contractor delivery drivers for any yard damage done during installations and/or any violation of any government ordinance or code resulting from the installation of any Old Hickory product at Customer's location. Customer releases Old Hickory and its independent contractor delivery drivers from any claims for punitive, indirect, incidental, special, or consequential damages. 5. PAYMENT. Drivers do not take credit cards. All balances due must be paid by cash or check on delivery. Balance due paid by credit card must be paid prior to delivery. Credit card price is 3% higher than discounted cash price listed on the work order. In the event building is not paid for before or on delivery, driver will not leave building and additional trip charges will be incurred. If delivery has not been made within 90 days, cash customers must pay balance due, rental customers must pay the rent due or other amounts as required by the rental purchase agreement, or the order is subject to cancellation and cancellation fee will be charged. All amounts not paid at delivery will be considered past due. On cash sales, customer may choose option to postpone construction start date and extend requirement to pay within 90 days for an additional 10% non-refundable fee paid at the time of sale. If customer chooses to postpone construction start date, the customer still must pay the balance due within 90 days of construction completion regardless of whether building is delivered. 6. CANCELLATIONS AND REFUNDS. If Customer is dissatisfied with the Old Hickory product upon acceptance of delivery by Customer or Customer's authorized agent, Customer's sole recourse is to file a warranty c_l§_[m. 7. LATE PAYMENT, COSTS OF COLLECTION, AND RETRIEVAL. Unless otherwise prohibited by state law, if Old Hickory must engage in any effort to secure payment or otherwise seek to compel Customer to fulfill any of Customer's obligations under this Agreement, Customer agrees to reimburse Old Hickory for any and all reasonable attorney fees. costs, and other expenses. For cash sales, Old Hickory may charge a monthly late fee equal to 10% of the amount due or the maximum amount allowed by law. FOR CASH SALES, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT A FAILURE TO PAY ALL AMOUNTS DUE ENTITLES OLD HICKORY THE RIGHT TO RETRIEVE THE OLD HICKORY PRODUCT AND CUSTOMER FURTHER WAIVES ANY AND ALL RIGHTS AND/OR CLAIMS FOR REFUND FOR ANY PAYMENTS MADE PRIOR TO SUCH RETRIEVAL UNLESS THE PAYMENTS MADE EXCEED THE DEPOSIT PLUS EXPENSES INCURRED BY OLD HICKORY IN RETRIEVING THE OLD HICKORY PRODUCT. 8. REPRESENTATIONS AND WARRANTIES. Customer hereby represents and warrants to Old Hickory, that Customer is the owner, or an authorized agent of the owner, of the property on which the Old I-lickorvproduct is to be delivered and set up. 9. SEVERABILITY; APPLICABLE LAW AND VENUE; CLASS ACTION WAIVER. If any provision of this Agreement is invalid, illegal, or incapable of being enforced by reason of any rule of law, public policy, or otherwise, any remaining provisions of this Agreement shall nevertheless remain in full force and effect. Unless otherwise prohibited by state law, this Agreement will be governed and construed by the laws of the State of Tennessee, without giving effect to its choice of law principles, and Customer agrees that any legal action arising out of this Agreement instituted by Customer will be brought, and consents to the jurisdiction and venue in, Page 19 of 26 Rutherford County, Tennessee. Customer speci?cally agrees that any claims arising out of or relating to this Agreement must be brought by Customer in an individual capacity and expressly waives any right or option for Customer to bring any claim related in any  From: Nate Linsey Sent: Tuesday, July 25, 2023 2:19 PM To: Rachael Humphrey Subject: Mid Michigan Barns — Rachael Thanks for your 3D submission on our website. Cost for your 16x24 lofted barn including tax is.$11,841.26. We have 2 payment options 1) 10% (or more) down and pay remaining at delivery — 2) Rent to own 5% down, No credit check, No penalty for early pay off, 24/36/48/60month terms. Current lead time is 6-9 weeks. Site prep recommendations include a limestone gravel pad that is 2’ bigger than the building, 3-5” thick and level. We do have contracted crews that can do this for you if you prefer. You are responsible for any permits / approvals from your county / township. To deliver, we will need at least 2’ bigger than the building for an access or entry point and 14’ of clearance. If we need to turn and maneuver around anything, we may need more than the 2’ additional. Please let me know if you have any questions or when you're ready to get this ordered. Thank you! Nate Linsey Ce”: .(?.§.1.)..§§§?.:QZ9.?. Faxi .(§5..1.§)..§§Z.-.§f?§.5. Page 20 of 26 Page 21 of 26  A u STRUCTURES LLC //Q?ffétlit INVENTORY SALE! ALL INVENTORY IS 10% OFF! Request A Quote Thanks for filling out our quote form! Your budgetary cosf for your 16' x 24' Loffed Barn i?we will reach out To you soon wifh your final cost. Please nofe That the above cost is nof final until you get a final quofe from us. Form nof loading? Please use our contact form insfead. Page 22 of 26  Eventhst 2013 MAMCMasI2rsAz... ) 2023 Member Education Day EM J us at Suanng Eagle m Mt Pleasant.Ml for am Member Edummn Day! Date: Wednesday, August 30, 2023 Time :3Dam — 4:30pm Venue Snanng Eagle Casino and Resort Address saw Snanng Eagle Blvd Mnunt Pleasant Ml mesa.US sum Wed Aug an 2013, D8:3DanI EDI Ends Wed Aug an 2013, n4:3npm EDT Member Education Day 550 1 v Total 550 Page 23 of 26  DPW Farwell 4 _ From: Chad House <ChadHouse@macallister.com> Sent: Monday, July 31, 2023 1:20 PM To: DPW Fan/vell Subject: Re: d5 rental Jason, Did you not get the last quote? We don't have any High Track units but a standard D5 for municipalities is the following MIDEALfor D5 Dozer: sooesnsa Plus Tax only if Applicable ) 6 06 3’ Thank you, ?Q l Chad House Macallister Machinery The CAT Rental Store (989)615-0060 (C) (989)496-7411 (0) On Jul 31, 2023, at 9:52 AM, DPW Farwell <farwel|dpw@vil|ageoffarwel|.org> wrote: Page 24 of 26  2023 PROSPERITY AWARDS Submit a Letter of Intent Mission & Purpose The Consumers Energy Foundation is the charitable arm of Consumers Energy, Michigan’s largest energy provider. The Consumers Energy Foundation helps communities thrive and grow by investing in what’s most important to Michigan – its people, our planet and Michigan’s prosperity. The Prosperity Awards are the third of three $500,000 signature grant rounds in 2023, totaling $1.5 million. The winners of the 2023 Planet Awards were announced in April 2023. The winners of the 2023 People Awards were announced in July 2023. The Prosperity Awards will provide as much as $250,000 to two or more Michigan nonprofits or municipalities aiming to support economic development and improve the welfare of whole communities, with a particular focus on funding projects with long-term benefits. The 2023 Prosperity Awards are currently open for letters of intent. Let’s make a positive impact in Michigan together! Impacting Michigan’s Prosperity through Economic Development The Consumers Energy Foundation is dedicated to ensuring Michigan businesses and communities are growing and have world-class cultural resources. We’re deeply involved in community development efforts across the State. This year, we are accepting letters of intent in support of our Neighborhood Revitalization and Arts & Culture priorities: Neighborhood Revitalization: We believe that all Michigan residents deserve a safe, affordable community in which to live and work. That’s why the Consumers Energy Foundation supports nonprofits and municipalities that champion programs aiming to transform communities into attractive neighborhoods, revitalize commercial corridors, encourage downtown development, reduce blight, and create safe and affordable housing. Arts & Culture: We imagine a Michigan where every community is not only livable, but lovable, complete with attractive public assets and attractions that enrich the lives of residents and visitors alike. Arts and culture are integral to the vitality of the communities we serve, providing job and educational opportunities, attracting visitors, and creating vibrant communities in Michigan. Foundation giving is separate from other company contributions and cannot be used to directly benefit the corporation. The Consumers Energy Foundation is funded by company donations, not included in customer rates. Page 25 of 26 Request for Letters of Intent – Deadline: 5:00 PM on August 11, 2023 The Consumers Energy Foundation invites Michigan nonprofits and municipalities to submit a letter of intent to express their interest in applying for a 2023 Prosperity Award. The Consumers Energy Foundation will evaluate all letter of intent submittals and select the top projects that meet the program and eligibility criteria. Organizations that make the list through the letter of intent process will be invited to submit a full application in late August. Preference will be made in support of projects that seek to secure permanent and quantifiable results. The deadline for submitting a letter of intent is 5:00 PM on August 11, 2023. Award Requirements / Eligibility Criteria The letter of intent is the first step in a two-step application process that will result in the award of up to $250,000 in funding per recipient ($500,000 total). If you are interested in requesting less than $100,000 or our grant would be a small component of a large capital campaign, we ask that you submit a grant request using the regular application on our website. To be eligible, all applicants for the Prosperity Awards must meet the following criteria: • Candidates must be a 501(c)(3) tax-exempt organization or municipality; • Candidates must operate in Michigan, or have a project that benefits Michigan; • The project must impact a territory that is served by Consumers Energy; • Candidates must submit letter of intent by 5:00 PM on August 11, 2023; • Funds cannot be used to enhance or improve Consumers Energy property; • Funds cannot be used for energy-related projects or costs; • Consumers Energy Foundation must be the majority contributor to overall funding; • Award recipients are expected to attend any required check presentation event or grant announcement at the Consumers Energy Foundation’s discretion; • Grantees must provide data illustrating positive impact on an annual basis until completion of the project or beyond; and • Candidates must provide information on any ongoing maintenance requirements necessary to maintain project benefits and how those needs will be met. Letter of Intent Process To submit a letter of intent for a 2023 Prosperity Award, please visit: www.consumersenergy.com/community/foundation/prosperity. If prompted, please sign in or create a login to begin. Select, “$500,000 Prosperity Awards Letter of Intent” in the dropdown menu. For more information about the Consumers Energy Foundation, please visit: www.consumersenergy.com/foundation. Page 26 of 26