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Minutes of the Village of Martin Board
May 14, 2012
Martin Village Council
Regular Meeting
May 14, 2012

The Martin Village Council met for its regular meeting on May 14, 2012, at the Martin Village Office, 1609 North Main Street, Martin, Michigan.

Call to Order and Pledge to Flag: Vice-President Brinkhuis called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance to the American flag.

Roll Call: Members present: Brinkhuis, Flower, Rambadt, J. Seiser, Wykstra and Deputy Clerk Merrill. Members absent: Harness and Clerk K. Seiser.

Approval of Minutes: Motion was made by Member Wykstra and seconded by Member Flower to approve the minutes of the regular meeting of April 9, 2012, and the minutes of the special meeting of April 19, 2012. Motion carried.

Recognition of Visitors: Visitors present were Alice Kelsey, Marlene Leep and Darcy Doezema. County Commissioner Don Black arrived at 8:00 p.m.

Marlene Leep noted that there would be a cleanup project at East Martin cemetery on May 15, and volunteers would be welcome. She also suggested that a plaque at the grave site of Andrew Bee would be appropriate to identify the union soldier.

Approval of Agenda: Motion was made by Member Flower and seconded by Member Rambadt to approve the agenda as submitted. Motion carried.

Communications: The following were presented:
1. Information regarding the Metro Act Right of Way Permit Extension which was signed by Clerk Seiser and returned, extending the term to end on July 31, 2014.
2. E-mail from Scott Corbin with information that the Allegan County Local Emergency Planning Committee is hosting the 3rd Annual Public Safety Expo on Saturday, May 19, from 11:00 a.m. to 4:00 p.m. at the Technical Education Center in Allegan.
3. E-mail from State Representative Bob Genetski with his May 2012 Lansing Legislative Update.
4. Member Flower mentioned the Notice of Violation from Plainwell which will be addressed later in the meeting.

Financial Items:
1. Treasurer's Report: Treasurer Rambadt highlighted several items from her report and stated that delinquent billing was needed for the tax bills which she is working on and will be going out the first of July. Motion was made by Member Wykstra, supported by Member Flower, to approve the Treasurer's Report for April 2012 as presented. Motion carried.
2. Payment of Bills: After review, motion was made by Member Flower and seconded by Member Rambadt to pay the bills as presented. Motion carried.
3. Audit Update: Deputy Clerk Merrill reported that an engagement letter had been received from Yeo & Yeo for approval, signature and return. The letter stated that the cost of the complete audit, including expenses, would not exceed $9,500 and $500 for the non-audit reports. It also stated that Yeo & Yeo would begin the audit on approximately June 25, 2012 and issue their reports no later than July 30, 2012. Most of the audit would be done on site. Motion was made by Member Flower and supported by Member Wykstra to authorize Deputy Clerk Merrill to sign and return the engagement letter to Yeo & Yeo. Motion carried.

Department Updates/Reports:
1. Public Safety: Member Brinkhuis reported that he had been in contact with the Allegan County Mounted Division. They were in town Saturday, May 12 and will return for the Memorial Day parade as well as the B93 event on June 23-24.
2. Public Works: Member Wykstra stated that there was nothing to report.
3. Streets: Commissioner Wykstra reported that Plummer's had televised the storm drain on West Allegan Street on May 10, 2012. They had also televised the drain in August 2007. Videos of each were shown for comparison. There is definite deterioration, and discussion ensued on various options for repair. One suggestion was to line the north half and replace the south half. Wykstra will investigate and report back to the council.
It was reported that the parking lot repair near the water tower has been completed by Arnsman, and a check from the township was received for half of the cost.
Member J. Seiser reported that he received a call from Tim Eichler regarding the street/drain repair on South University Street. There is some concern about the grade, etc. and that the job was incomplete. Seiser had contacted the bid person and had seen the spec bid. However, there seems to be no spec book available at the office. After discussion on various issues, it was agreed that contact should be made with Tom Deneau regarding the job.
4. Sewer/Water: Flower reported on the meeting he attended on April 25 at Plainwell regarding mitigation of future notice of violation occurrences. Those in attendance were Tom Deneau, Don Flower, Earl Wykstra, Rich Grant, Bryan Pond, Mike VanElderen, Paul VandeBunte and Erik Wilson. The intent was to discuss possible solutions for the BOD problem. Within a couple days after the meeting, the Village received by mail a Notice of Violation and Order from Plainwell that the Village had violated Plainwell's Sewer Use Ordinance when it flushed the system on January 5, 2012, and April 4, 2012, which resulted in the discharge of pollutants in excess of the surcharge thresholds. The Notice also stated that there is a fine totaling $6,865.66, which is due within 30 days of the effective date of the Notice dated April 26, 2012. The Sewer Committee has met and Tom Deneau has been contacted who is trying to obtain information from the DEQ. There was considerable discussion on how to proceed. It was agreed that Attorney Ed Annen should be given the information, and a motion was made by Member Flower and seconded by Member Wykstra to request legal counsel from Ed Annen in conjunction with advice from Tom Deneau of Wightman & Associates. Motion carried.
It was reported that the Sewer Committee met on May 12 to discuss reimbursement from township customers to cover the extra charge from Plainwell. After calculations of cost to the village, it was felt that charging the township customers 97cents per 1000 gallons of sewage for 6 years would cover the additional cost being charged by Plainwell. Member J. Seiser questioned whether the village can legally charge extra to township customers. After some discussion, motion was made by Member Flower and supported by Member Wykstra to levy an additional charge of 97 cents per 1000 gallons to township customers for 6 years to pay off the extra that Plainwell is charging. Motion carried with J. Seiser voting no.
Flower reported that air release valve #2 should be replaced with a clean out and that Tim is obtaining bids which all exceed $10,000. After discussion on cost and bids, it was agreed to have Tom Deneau work on the project.
5. County Commission: Commissioner Black distributed synopses of the meetings of April 26 and May 10, as well as a copy of the 2012 Equalization Report. He highlighted several items from the meetings, including the smoking ordinance and voting to raise the current central dispatch surcharge from $1.63 per phone to $2.05 beginning in July 2012 through December 2013. Black also noted that the Board had passed a resolution authorizing the water bond refunding for the Village. Black also mentioned that he is running for re-election to the Board for District #7. Election is on August 7.

Old Business:
1. Office Sign: Flower stated that there is still no word from Cronen Signs and that he is still looking.
2. Liquor License Update, Red Barn: It was reported that Chris Ford is working on renovation and waiting to officially apply for the tavern license.
3. Water Bond Refinancing Update: Deputy Clerk Merrill gave an update on the water bond refinancing. She reported that the Preliminary Official Statement (POS) had been received from Bendzinski & Co. by e-mail on May 3. She noted one needed change regarding village officials and relayed that to Mr. Bendzinski. The POS had also been e-mailed to Ed Annen for his review, and the village received a copy of his letter to Bendzinski dated May 8 which stated that the contents of the section entitled "Absence of Certain Litigation - Village of Martin" were accurate. Merrill also contacted the Allegan County BPW and talked to Denise Medemar and learned that the BPW passed the resolution requesting the Board of Commissioners to approve the refunding contract on April 19. The Board of Commissioners met May 10 and also passed the resolution. Therefore, the process is running its course. A copy of the timeline was included with each member's packet which indicates that pricing of the bonds will take place on May 31. Merrill also highlighted various other e-mails and phone calls to Bendzinski, Allegan County BPW and Yeo & Yeo, who has been helpful in providing information requested. If everything goes according to schedule, closing on the bonds will take place on June 27.
4. Memorial Day Plans: There was discussion on the participants secured and those yet to be secured. The veterans will be meeting on May 15 to finalize the plans so that the program can be printed.
5. Salt Bin Door: Member Wykstra reminded the council that a door is available and had obtained two bids for installing the door on the salt bin. Overhead Door Company submitted a bid of $2,500, and American Garage Door presented a bid of $1,025. Motion was made by Member Wykstra and supported by Member Flower to accept the bid of American Garage Door of $1,025 to have the door installed on the salt bin. Motion carried.

New Business:
1. Resolution 2012-5-2, Collection of Taxes: Motion was made by Member Wykstra and seconded by Member Flower to adopt Resolution 2012-5-2 which allows the Village Treasurer to collect delinquent taxes and associated penalties following the 2012 summer village tax levy through February 2013 and then return the delinquent taxes to the County Treasurer by March 1, 2013.
Roll call vote: Ayes - Brinkhuis, Rambadt, J.Seiser, Wykstra, Flower.
Nays - None
Absent - Harness, K. Seiser.
Resolution declared adopted.
2. Election Reminders: Deputy Clerk Merrill reminded the council that five positions are up for re-election in November: President, Clerk, Treasurer, and two trustees. The terms of trustees Brinkhuis and J. Seiser have expired. Merrill also noted that nominating petitions need to be turned into the township clerk by August 14. Alice Kelsey indicated a desire to run for a trustee position if it does not conflict with the Library Board. Darcy Doezema stated that she would be interested in running for clerk. Merrill explained other forms which need to be completed as well as the petitions.

Recent Community Deaths: Names submitted were: Austin Bowman and Cornelia Grevenstuk.

Adjournment: Motion was made by Member Wykstra and supported by Member Flower to adjourn the meeting at 8:50 p.m. Motion carried.

Respectfully submitted,

Joyce Merrill
Deputy Clerk