Regular Council

AGENDA Regular Council Meeting 6:00 PM - Tuesday, September 5, 2023 Village Council Room Page CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF THE AGENDA a. 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. III. *ADOPTION OF MINUTES 4-6 a. *Monday, August 21st, 2023 Regular Council Meeting Minutes 08.21.2023 Regular Council Meeting Minutes - UA Page 1 of 11  IV. APPROVAL OF PAYMENT OF BILLS AND PAYROLL FOR AUGUST IN THE AMOUNT OF $147,001.14 7-8 a. 08.2023 AP&Payroll V. PUBLIC COMMENT VI. FISCAL YEAR 2023 AUDIT REVIEW WITH H&S COMPANIES VII. UNFINISHED BUSINESS a. Resident Utility Bill Discussion VIII. NEW BUSINESS a. Park Electrical 9 b. MDOT Resolution for Designation of Street Administrator Michigan Department of Transportation Resolution for Designation of Street Administrator 10 - 11 c. MDOT Performance Resolution Michigan Department of Transportation Performance Resolution IX. ADMINISTRATIVE REPORT X. ZONING REPORT XI. COMMITTEE REPORT a. Finance b. Parks & Rec c. DPW d. Personnel Page 2 of 11 XII. PRESIDENT DISCUSSION XIII. ADDITIONAL REMARKS XIV. EXTENDED PUBLIC COMMENT XV. ADJOURNMENT NEXT REGULAR COUNCIL MEETING ON MONDAY, SEPTEMBER 18TH AT 6:00PM Page 3 of 11  MINUTES Regular Council Meeting 6:00 PM - Monday, August 21, 2023 Village Council Room The Regular Council of the Village of Farwell was called to order on Monday, August 21, 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 Victoria Williams, Trustee Shawn Burger, and Tonya Roe EXCUSED: I. APPROVAL OF THE AGENDA a. Trustee Amanda Pfruender made a motion to approve the agenda Trustee Gina Hamilton 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 Victoria Williams made a motion to approve the consent agenda Trustee Gina Hamilton seconded the motion. Motion Carried III. *ADOPTION OF MINUTES a. *Monday, August 7, 2023 Regular Council Minutes IV. PUBLIC COMMENT a. No public comment received. V. UNFINISHED BUSINESS a. There was discussion about the water usage at a residence on Floyd St. Council would like to see what the read is on August 31st. Further discussion will take place at the regular Council Meeting on Tuesday, September 5th. Page Page41ofof11 3 VI. NEW BUSINESS a. Flies & Vandenbrink Invoice No. 66602 was reviewed. Trustee Amanda Pfruender made a motion to approve the payment of Invoice No. 66602 from Fleis & Vandenbrink, in the amount of $10,934.25 Trustee Gina Hamilton seconded the motion. Roll Call. Yeas: Trustee Amanda Pfruender, Trustee Gina Hamilton, Trustee Victoria Williams, Trustee Tonya Roe, Trustee Shawn Burger, Trustee Jeff Linton, and President Tracey Jackson. Nays: None. Motion Carried. b. The Dixon Engineering Maintenance Inspection Report was reviewed by Council. c. Positive Pay for the General Fund Bank Account was discussed. Trustee Jeff Linton made a motion to approve the set up and use of Positive Pay for the General Fund Bank Account through Isabella Bank, with a one time set up fee of $75.00, and a reoccurring monthly cost of $15.00 Trustee Gina Hamilton seconded the motion. Motion Carried. VII. ADMINISTRATIVE REPORT a. Updates were provided to Council in regard to the Mill Pond Dredging Project. Council was also informed that the Village was awarded the grant through MMRMR for the sewer camera. VIII. TREASURER REPORT a. The Treasurer's Report as of August 17th was presented to Council. b. Bank and Fund Report as of July 31st was presented to Council. IX. ZONING REPORT a. Zoning Administrator, Julie Albright, provided updates to Council. X. COMMITTEE REPORT a. Finance b. Parks & Rec The upcoming Parks & Rec Meeting was moved from Thursday, September 7th at 5:30pm to Thursday, September 14th at 6:00pm. c. DPW Chair Jeff Linton reviewed the August 17th DPW Meeting with Council. d. Personnel XI. PRESIDENT DISCUSSION Page Page52ofof11 3  a. President Tracey Jackson discussed taking the flowers down on Main Street. Other updates were also provided. XII. ADDITIONAL REMARKS a. There was discussion about speed/warning signs around the school area. XIII. EXTENDED PUBLIC COMMENT a. No additional public comment received. XIV. ADJOURNMENT a. Trustee Victoria Williams made a motion to adjourn the meeting at 7:06pm Trustee Gina Hamilton seconded the motion. Motion Carried NEXT REGULAR COUNCIL MEETING ON TUESDAY, SEPTEMBER 5, 2023 AT 6:00PM Clerk/Treasurer President Page Page63ofof11 3  VILLAGE OF FARWELL CHECK REGISTER & PAYROLL 08/01/2023 - 08/31/2023 Check Date Check Vendor Name Amount 08/02/2023 104531 ACE HARDWARE $ 109.96 08/02/2023 104532 CLARE COUNTY TREASURER $ 24.63 08/02/2023 104533 DTE ENERGY $ 349.32 08/02/2023 104534 FAMILY FARM AND HOME $ 191.97 08/02/2023 104535 HUTSON INC. $ 190.69 08/02/2023 104536 INA STORE INC $ 117.00 08/02/2023 104537 JULIE ALBRIGHT $ 36.03 08/02/2023 104538 MOORE AUTOMOTIVE $ 60.64 08/02/2023 104539 PURE PLUMBING LLC $ 143.00 08/02/2023 104540 STAPLES $ 1,185.25 08/02/2023 104541 VICKI HAMILTON $ 435.50 08/02/2023 59(E) DEERE CREDIT, INC $ 421.96 08/04/2023 104542 CITY OF CLARE $ 150.00 08/04/2023 104543 CONLAYS POWER WASHING $ 225.00 08/04/2023 104544 CONSUMERS ENERGY $ 1,630.72 08/04/2023 104545 DTE ENERGY $ 50.06 08/04/2023 104546 REHMANN TECHNOLOGY SOLUTIONS $ 1,052.50 08/04/2023 104547 ROBBIN HARSH EXCAVATING, INC $ 1,320.34 08/04/2023 104548 VERIZON WIRELESS $ 238.43 08/04/2023 60(E) WEX BANK $ 1,315.52 08/08/2023 104549 AT&T $ 51.38 08/08/2023 104550 GFL ENVIRONMENTAL $ 2,000.00 08/08/2023 104551 MID MICHIGAN BARNS $ 11,171.00 08/08/2023 104552 MOORE AUTOMOTIVE $ 99.75 08/08/2023 104553 NOAH SYLVESTRO $ 54.03 08/08/2023 61(E) DEERE CREDIT, INC $ 14,370.88 08/08/2023 62(E) ISABELLA BANK $ 3,646.82 08/10/2023 104554 EVERGREEN DELIVERY SERVICE LLC $ 400.00 08/10/2023 104555 HERSHBERGERS HARDWARE $ 41.97 08/10/2023 104556 J & J CONSTRUCTION $ 856.00 08/10/2023 104557 JEFF SALCHERT $ 50.00 08/10/2023 104558 MICHIGAN PIPE & VALVE $ 9,802.00 08/23/2023 104564 BOUCHEY & SONS $ 348.57 08/23/2023 104565 CLARE COUNTY REVIEW $ 260.00 08/23/2023 104566 CLARE COUNTY ROAD COMMISSION $ 12,693.81 08/23/2023 104567 DIXON ENGINEERING, INC $ 4,200.00 08/23/2023 104568 DUBOIS-COOPER ASSOCIATES $ 815.00 08/23/2023 104569 FAMILY FARM AND HOME $ 414.41 08/23/2023 104570 FLEIS & VANDENBRINK $ 20,379.17 08/23/2023 104571 MICHIGAN PIPE & VALVE $ 132.00 08/23/2023 104572 MOORE AUTOMOTIVE $ 41.35 Page 7 of 11 08/23/2023 104574 REHMANN TECHNOLOGY SOLUTIONS $ 105.00 08/23/2023 104575 SEITER BROTHERS LUMBER & $ 23.10 08/23/2023 104576 SEITER ELECTRIC, INC. $ 106.09 08/23/2023 104577 STANDARD INSURANCE COMPANY $ 181.23 08/23/2023 104578 STAPLES $ 305.25 08/23/2023 104579 TRACE ANALYTICAL LABORATORIES, INC. $ 1,936.10 08/23/2023 104580 USA BLUE BOOK $ 463.11 08/23/2023 104581 VISUAL EDGE IT $ 38.70 08/23/2023 104582 WEX BANK $ 1,382.82 08/23/2023 104583 MICHIGAN RURAL WATER ASSOCIATION $ 535.00 08/23/2023 63(E) AT&T $ 1,163.75 08/23/2023 64(E) CONSUMERS ENERGY $ 2,201.03 08/23/2023 65(E) ISABELLA BANK $ 1,147.81 08/31/2023 104585 ADRIAN KRAWCZYNSKI $ 29.21 08/31/2023 104586 AT&T MOBILITY $ 87.50 08/31/2023 104587 BLUTECH DATA LLC $ 471.25 08/31/2023 104588 BOB'S TIRE STORE $ 14.00 08/31/2023 104589 CITY OF CLARE $ 150.00 08/31/2023 104590 CLIMATE CONTROL $ 170.00 08/31/2023 104591 CONSUMERS ENERGY $ 2,389.30 08/31/2023 104592 ETNA SUPPLY COMPANY $ 3,000.00 08/31/2023 104593 FAMILY FARM AND HOME $ 72.97 08/31/2023 104594 GFL ENVIRONMENTAL $ 3,511.05 08/31/2023 104595 LISA GRAHAM $ 29.21 08/31/2023 104596 MAC ALLISTER RENTALS $ 1,669.00 08/31/2023 104597 MICHIGAN PIPE & VALVE $ 408.00 08/31/2023 104598 PALMER'S HARDWARE $ 174.10 08/31/2023 104599 Surrey Township $ 242.11 08/31/2023 104600 TRI LAKES PETROLEUM LLC $ 1,099.48 08/31/2023 104601 VICKI HAMILTON $ 263.25 Total of 71 Checks: $ 114,446.08 Payroll 8/3/2023 Regular Payroll w/Opt-Out $ 10,811.91 8/17/2023 Regular Payroll $ 9,378.27 8/31/2023 Regular Payroll $ 8,675.97 8/24/2023 Quarterly Council Payroll $ 3,688.91 Total of 4 Payrolls: $ 32,555.06 TOTAL AP & PAYROLL - AUGUST 2023 $ 147,001.14 Page 8 of 11 Michigan Department of Transportation RESOLUTION FOR DESIGNATION Clear Form 2012 (08/19) OF STREET ADMINISTRATOR This information is required by Act 51, P.A. 1951 as amended. Failure to supply this information will result in funds being withheld. MAIL TO: Michigan Department of Transportation, Financial Operations Division, P.O. Box 30050, Lansing, Ml 48909. or Fax to: (517) 335-1828 NOTE: Indicate, if possible, where Street Administrator can usually be reached during normal working hours, if different than City or Village Office. List any other office held by the Administrator. Councilperson or Commissioner offered the following resolution and moved its adoption: Whereas, Section 13(9) of Act 51, Public Acts of 1951 provided that each incorporated city and village to which funds are returned under the provisions of this section, that, "the responsibility for street improvements, maintenance, and traffic operations work, and the development, construction, or repair of off-street parking facilities and construction or repair of street lighting shall be coordinated by a single administrator to be designated by the governing body who shall be responsible for and shall represent the municipality in transactions with the State Transportation Department pursuant to this act." Therefore, be it resolved, that this Honorable Body designate ___________________ Adrian Krawczynski _____________________ as the single Street Administrator for the City or Village of ____________________ in all transactions with the State Transportation Department Farwell as provided in Section 13 of the Act. Supported by the Councilperson or Commissioner ----------------------- Yeas--------------------------------------- Nays--------------------------------------- I hereby certify that the foregoing is a true and correct copy of a resolution made and adopted at a regular meeting _____________________ day of of the governing body of this municipality on the 5th September, 2023 CITY OR VILLAGE CLERK (SIGNATURE) E-MAIL ADDRESS DATE STREET ADMINISTRATOR (SIGNATURE) E-MAIL ADDRESS DATE ADDRESS OF CITY OR VILLAGE OFFICE P.O.BOX 109 South Hall Street 374 CITY OR VILLAGE ZIP CODE PHONE NUMBER I Farwell 48622 (989) 588-9926 Page 9 of 11  Clear Form Michigan Department Page 1 of 2 of Transportation 2207B (05/21) PERFORMANCE RESOLUTION FOR MUNICIPALITIES This Performance Resolution (Resolution) is required by the Michigan Department of Transportation for purposes of issuing to a Municipality an ''Individual Permit for Use of State Highway Right of Way'', and/or an ''Annual Application and Permit for Miscellaneous Operations within State Highway Right of Way''. RESOLVED WHEREAS, the Village of Farwell (County, City, Village, Township, etc.) hereinafter referred to as the ''MUNICIPALITY,'' periodically applies to the Michigan Department of Transportation, hereinafter referred to as the "DEPARTMENT," for permits, referred to as ''PERMIT,'' to construct, operate, use and/or maintain utilities or other facilities, or to conduct other activities, on, over, and under State Highway Right of Way at various locations within and adjacent to its corporate limits; NOW THEREFORE, in consideration of the DEPARTMENT granting such PERMIT, the MUNICIPALITY agrees that: 1. Each party to this R e s o lu t io n shall remain responsible for any claims arising out of their own acts and/or omissions during the performance of this R e s o lu tio n , as provided by law. This R e s o l u t io n is not intended to increase either party's liability for, or immunity from, tort claims, nor shall it be interpreted, as giving either party hereto a right of indemnification, either by Agreement or at law, for claims arising out of the performance of this Agreement. 2. If any of the work performed for the MUNICIPALITY is performed by a contractor, the MUNICIPALITY shall require its contractor to hold harmless, indemnify and defend in litigation, the State of Michigan, the DEPARTMENT and their agents and employee’s, against any claims for damages to public or private property and for injuries to person arising out of the performance of the work, except for claims that result from the sole negligence or willful acts of the DEPARTMENT, until the contractor achieves final acceptance of the MUNICIPALITY Failure of the MUNICIPALITY to require its contractor to indemnify the DEPARTMENT, as set forth above, shall be considered a breach of its duties to the DEPARTMENT. 3. Any work performed for the MUNICIPALITY by a contractor or subcontractor will be solely as a contractor for the MUNICIPALITY and not as a contractor or agent of the DEPARTMENT. The DEPARTMENT shall not be subject to any obligations or liabilities by vendors and contractors of the MUNICIPALITY, or their subcontractors or any other person not a party to the PERMIT without the DEPARTMENT’S specific prior written consent and notwithstanding the issuance of the PERMIT. Any claims by any contractor or subcontractor will be the sole responsibility of the MUNICIPALITY. 4. The MUNICIPALITY shall take no unlawful action or conduct, which arises either directly or indirectly out of its obligations, responsibilities, and duties under the PERMIT which results in claims being asserted against or judgment being imposed against the State of Michigan, the Michigan Transportation Commission, the DEPARTMENT, and all officers, agents and employees thereof and those contracting governmental bodies performing permit activities for the DEPARTMENT and all officers, agents, and employees thereof, pursuant to a maintenance contract. In the event that the same occurs, for the purposes of the PERMIT, it will be considered as a breach of the PERMIT thereby giving the State of Michigan, the DEPARTMENT, and/or the Michigan Transportation Commission a right to seek and obtain any necessary relief or remedy, including, but not by way of limitation, a judgment for money damages. 5. The MUNICIPALITY will, by its own volition and/or request by the DEPARTMENT, promptly restore and/or correct physical or operating damages to any State Highway R ight of Way resulting from the installation construction, operation and/or maintenance of the MUNICIPALITY’S facilities according to a PERMIT issued by the DEPARTMENT. Page 10 of 11 MDOT 2207B (05/21) Page 2 of 2 6. With respect to any activities authorized by a PERMIT, when the MUNICIPALITY requires insurance on its own or its contractor's behalf it shall also require that such policy include as named insured the State of Michigan, the Transportation Commission, the DEPARTMENT, and all officers, agents, and employees thereof and those governmental bodies performing permit activities for the DEPARTMENT and all officers, agents, and employees thereof, pursuant to a maintenance contract. 7. The incorporation by the DEPARTMENT of this Resolution as part of a PERMIT does not prevent the DEPARTMENT from requiring additional performance security or insurance before issuance of a PERMIT. 8. This Resolution shall continue in force from this date until cancelled by the MUNICIPALITY or the DEPARTMENT with no less than thirty (30) days prior written notice provided to the other party. It will not be cancelled or otherwise terminated by the MUNICIPALITY with regard to any PERMIT which has already been issued or activity which has already been undertaken. BE IT FURTHER RESOLVED that the following position(s) are authorized to apply to the DEPARTMENT for the necessary permit to work within State Highway Right of Way on behalf of the MUNICIPALITY. Title and/or Name: Adrian Krawczynski - Clerk/Treasurer & Street Administrator I HEREBY CERTIFY that the foregoing is a true copy of a resolution adopted by the Village of Farwell Council (Name of Board, etc.) of the Village of Farwell of Clare (Name of MUNICIPALITY) (County) at a Regular Council _______day meeting held on the 5th of ______________________ September A.D. ________________. 2023 Signed Village Clerk/Treasurer & Street Administrator Title Adrian Krawczynski Print Signed Name Page 11 of 11