[0:00] All [0:02] right. Good evening and welcome everybody to the village of Weberville [0:05] uh council meeting. Today is January 13, 2026. Uh we'll do a call to order and [0:11] started with a roll call, please. >> Yes. [0:15] » Sean Gordon >> here. Stanfield [0:17] » here. >> Walter [0:18] » here. >> Here. Hey everybody, please stand for [0:21] the pledge. [0:28] of the United States of America and to the republic for it stands one nation [0:34] under God indivisible with liberty and justice for all. [0:40] [clears throat] >> Thank you. So for the approval of the [0:44] agenda this morning >> this evening [0:47] » I'd like to make motion to add the um the back truck to the new business. [0:54] of our last meeting. We were discussing that and I thought it was going to be on [0:59] here and it is not. >> Um, is there something specific that you [1:05] need to discuss there? >> The motion is open if somebody wants to [1:09] second it. >> I second a discussion. [1:16] » Second it'll do a roll call. [1:21] [laughter] >> Yes. Shber, [1:24] » yes. >> Sum, [1:25] » yes. >> Walter, [1:27] » yes. >> No. [1:30] Uh, I would also recommend that we add item number five, uh, which is [1:36] recognizing a vacant WDDA chair. Um, the resignation of Diana Baxter with the [1:44] [laughter] appointment of Andrew Nephew to that open position. [1:52] So four would be the back truck, right? >> Correct. [1:56] » And five is the empty seat. [2:02] » Yes. [2:06] » So move. [clears throat] [2:11] » I second. >> Second. Roll call. [2:18] » Yes. >> Shber. Yes. [2:21] » Yes. >> Walker. [2:22] » Yes. >> Yes. Okay. So, those added, I would [2:27] recommend that we approve the agenda as amended. [2:31] » I'll make a motion to approve the uh agenda. [2:34] » Second. >> Second. Uh all in favor say I. [2:40] » I. >> I. All opposed. [2:43] Okay. First up, uh this evening, we have a public hearing. Uh this is the master [2:48] plan approval. Um we've been spending say probably the past six months working [2:54] with McKenna on updating this. So uh we'll move into that. I recommend that [3:01] we open the public hearing for the master plan approval at 6:03 p.m. [3:08] » So moved. [3:11] » Second. >> Second. All in favor say I. [3:14] » I. All opposed. Okay. So, we'll now move into public comment for the master plan [3:20] approval. Um, so if anybody from the public has any comments at this time, [3:25] uh, now is time to do so. [3:30] Okay, I'm seeing none. So, we will close public comments at 604. I recommend that [3:36] we close the public hearing for the master plan approval. [3:39] » So, move second. >> Seconded. All in favor say I. [3:43] » I. All opposed. Okay, that brings us to regular public [3:49] comment. So, at this time, if anybody from the public has any comments, now is [3:54] the time to do so. [clears throat] [4:01] » Yes, sir. >> Um, I just got a question. Why was this [4:06] meeting cancelled on the website? [4:15] said that the meeting was cancelled. The next meeting would be January 26 [4:20] for lack of members. >> That was the BDA. That was last night. [4:28] » Okay. [4:32] Any other public comment this evening? Okay. [4:37] We'll close public comment at 6:05. Uh at this time I have no comments. Uh for [4:44] the consent agenda, the minutes of the council meeting from December 9th, the [4:48] accounts payable, the investment report, revenue and expenditure report and [4:52] balance sheet. Has anybody Everybody had time to review that. [4:58] Any questions? Not I recommend that we approve the [5:02] consent agenda as presented. >> Some second. [5:06] » Seconded. Any discussion? Roll call. [5:11] » M. >> Yes. [5:13] » Yes. >> Stanfield. [5:14] » Yes. >> Yes. [5:18] » Okay. On to our monthly reports. First up is the police report. [5:26] » Overall, [5:30] on the 19th, Deputy Vincent was contacted by the prosecutor's office. uh [5:38] was investigated a possible bond or bill violation of foreign inmate currently at [5:43] the Enum County Jail. This inmate was incarcerated for the previous incident [5:48] that occurred in the village and led to a felony domestic assault and false [5:52] imprisonment charge. The original incident occurred on the 300 block of [5:57] Walnut Street October of 25. [clears throat] [6:00] Uh, Deputy Vincent reviewed jail communications and confirmed multiple [6:03] bond violations and is seeking additional felony charges for witness [6:07] intimidation. This submitted [clears throat] his [6:13] prosecutor's office. On December 23rd, I responded to the 100 [6:19] block of Maple Street for a fraud complaint. The victim arranged a sale on [6:24] Facebook Marketplace and was defrauded by the suspect to use bills to purchase [6:28] the items. The victim was able to provide a [6:33] description of the suspect and his vehicle, but was otherwise unknown. I [6:37] turned the conflict bills over to uh the Secret Service field office in [6:43] Grand Rapids and ultimately was closed due to lack of investigations. [6:50] That's it for local calls and then attached are the stands for review. [6:58] Thank you very much. Any questions from the council for our deputy? [7:02] » Is there something that um you could possibly give Jessica or even Josh that [7:08] we could put out on Facebook for people to what to look for in counterfeit bills [7:14] so when they're selling on Facebook they know. [7:17] » Sure. >> Thank you. [7:20] » Any other questions? Seeing none. Uh so uh for the DPW report [7:27] tonight, uh Ryan is off. Um that's been provided in the packet and the clerk [7:33] treasure report. >> Um [7:37] he's in the audience. Why can't he give his report? [7:40] » Uh he is not on the clock right now. So we're moving on to the clerk treasur [7:44] report. [7:47] Jessica >> the monthly news well the monthly [7:51] newsletters have gone from print to digital format to reduce cost and [7:54] improve the accessibility for residents. You will be able to find the newsletters [7:57] on the village website. We are fast approaching the end of our fiscal year [8:01] which means we will start working on the 26.7 fiscal year budget soon. I'll be [8:06] attending the municipal Michigan municipal treasures association winner [8:10] workshop at the end of this week and I was asked to leave a discussion topic. [8:20] » Any ideas on what topic is? >> Oh, yes. [8:23] » Oh, [8:26] » well, good luck. Thank you. Uh, any questions for Jessica? [8:30] » That's right up your alley. Okay, brings us to WDDA report. Um, that [8:38] was scheduled for last night, but due to lack of attendance, um, forum was not [8:44] met, so meeting was canceled. I don't know, Josh, do you have anything [8:48] to add? >> Just that the fourth building's coming [8:50] along that, uh, just talked to Bruce today about Summon Street in the parking [8:53] lot. Trying to hopefully get that outfit so we can get that started first thing [8:58] in the spring. [9:02] Any questions for the WBDA report? Seeing none. So, the building and zoning [9:11] report um that's [snorts] been provided per usual. I believe Chris Corey will be [9:17] here very soon. Um I think he had the traffic slowdown on 96. Um [9:25] we move on to the Musa report. Um so we just [clears throat] had our [9:31] meeting last Thursday and um kind of a summary for the year. Um the big thing [9:37] was that there was about 17,043 runs for 2025 [9:45] which equates to about 47 calls per day. Wow. So um fairly busy. Um that is [9:52] definitely an increase from the year before which was 17,026. [9:57] Um also um if anybody had been looking there was a um rain bin rescue on [10:04] January 8th which um Lisa participated in and um the piece of equipment that um [10:13] we had um received came in very handy. So, um that was a very successful rescue [10:21] and the farmer that was trapped in the soybeans is um he was rescued and um [10:26] doing okay. Um also the um full-time employees uh for [10:34] the safer grant um have been reporting to their shifts um as of Wednesday, [10:40] January 7th. And so, um, if anybody goes by the station at night now, they'll [10:46] actually see cars there. So, they are covering the station. Um, and then the [10:51] county fire academy started on January 6 and they have um 13 students currently. [10:59] And that is it for Nissa. >> Thank you, Sandra. Any questions about [11:04] the Nissa report? Okay, brings us to attorney's report. [11:10] The only thing that is hanging out there at the moment is White Rose, which is [11:15] still pending in the Mission Court of Appeals. No answer on that from the [11:18] courts. That nothing further report at the [11:21] moment. >> Any questions for Mr. Gold? Did you ever [11:25] talk to Bob Beldori? >> I did. In fact, um, Mr. Baldori and I [11:31] along with Jay Rittman met I'd have to check my notes, but it must have been [11:36] the latter part of December after our December meeting. um discussed again [11:41] with Jay Ritman what his need to bring his property into compliance. Um it was [11:48] a good meeting. It wasn't contentious. Just laid it out there what the village [11:52] expects of them. Uh followed up with Mr. Beldori. I did with another written [11:58] directive asking um that's written comply with the terms [12:03] spelled out. Get the buildings in compliance. have not heard anything [12:08] back yet, but Jay promised that he's going to follow through on it and Mr. [12:11] Bald already promised me the same. So, um, given that it was right on the heels [12:15] of the holidays, I figure I'd bug him in the middle of this month and say, "Hey, [12:19] where are we at?" So, >> okay. Thank you. [12:24] Any other questions? If not, we'll move to engineering [12:29] reports. [clears throat] >> Uh, thank you. With respect to the Main [12:34] Street project, um I've received the the required bonds and insurance from [12:40] Rereath Riley. Those were in order and uh so we've executed the contract [12:47] between him and the village and we'll just wait to uh you know understand what [12:52] his schedule is to get started on that this spring. And then uh as Josh [12:58] mentioned uh we're looking right now at a plan for Summit Street between Grand [13:04] River and the alley to get that fixed up. [clears throat] [13:08] And I had a meeting with Mr. Nephew actually earlier this evening on that [13:13] and we've got a good plan on attack and so we'll be pushing hard on that to get [13:18] that out to bid so um you know we can get the Ford building open for open for [13:23] business as soon as possible. Awesome. Um, kind of dubtales with the Main [13:29] Street project, which is um, the parking lot behind the pharmacy. Scott, I failed [13:35] to to ask where are we at with the license agreement or easement for that? [13:42] So, um, for the, uh, parking lots, um, I'm of the position that an easement is [13:50] truly the best option for the village if, [13:53] especially if the village is going to invest any money in that property. [13:56] However, um, the property owner buying through his attorney wants to have only [14:02] a license in place. And the difference is really an easement generally in [14:08] general terms run with the land. So no matter who owns that pharmacy, that [14:12] easement would be there. It would be forever preserved to the village use. A [14:16] license um allows for the village and its citizens to use the parking lot just [14:22] like a easement. The difference is generally speaking again is that a [14:26] license can be revoked by the private property owner. So in this case, a [14:30] license from the pharmacy owner to the village would be in place and remain in [14:36] place until or whenever the property owner of the pharmacy said, "I'm not [14:42] doing this anymore." And he could unilaterally revoke that. Part of the [14:46] negotiations that we've been having is that if in fact the village were to [14:50] invest any property in that or any money in that property to improve the parking [14:54] lot, resurface it, maintain it, um we would want some kind of almost like a [15:00] mathematical scale whereby we could because let's say we put I'm just using [15:07] generic numbers, but say you put $50,000 into the parking lot, new surface and [15:12] everything. um if we didn't have some kind of [15:15] agreement in place the next year he could unilaterally say oh we're done [15:18] with the license we're out $50,000 and we don't get to use the parking lot. [15:22] That's what concerns me. So we did come up with a mathematical scheme whereby we [15:27] would essentially take a depreciation table. So he could if he unilaterally [15:32] tried to revoke the license um saying year 1 or year two or year five whatever [15:37] that scale is finalized to be whatever that depreciation of value went down [15:43] every year he would have to pay the village back. So in theory, $50,000, say [15:48] he couldn't do anything for five years, but he did on the first year, he would [15:51] essentially, and that's simple math, I think if you were to say $10,000 a year [15:55] in depreciation, he would then on year one, if he revoked the license, owe the [16:00] village $40,000 because we would get one year of use with all the effort that we [16:05] put into it. But he would be saying, "No more deal." Then he would have to pay [16:09] the village $40,000. And it sounds like all the parties are [16:13] in agreement that that is a system that can work for both parties. The slight [16:17] hangup that we're getting at the moment is I want to be able to record that [16:23] license, that agreement with the Ingam County register of dees. And why I [16:27] believe that is so important is because effectively whenever you record a [16:31] document that has interest in land, we would have an interest in that parking [16:35] lot um not only by use but by actual money invested into it. I want the world [16:41] to know that the village has in fact put money in that ground and the attorney [16:46] for uh the far the pharmacist who I'm certain that the pharmacist is a nice [16:51] guy. He's doing his due diligence. This is probably coming down to difference of [16:55] opinion on real property law between me and this other attorney. [16:59] um he doesn't want us to record that agreement with Ingram County register [17:04] deeds in fear that it would cloud the title or cause a problem for his client [17:09] down the road. And my response to him on that matter [17:14] was, well, if we're using taxpayers money to improve private property, [17:19] that's what we would be doing to some extent. We're improving someone's [17:23] property. The benefit that we get as a village, we get to use it. But I believe [17:28] that having that on record is more secure for the village. And not to be [17:33] too morbid, but in the event that the pharmacist [17:37] dies in a bizarre event, something happens and or he goes bankrupt and he [17:44] has creditors. What I'm getting at is if there if someone takes control of that [17:48] property because he's no longer here to explain or to understand how this [17:52] happens, we're going to be dealing with people that are going to be like, I [17:54] never cut a deal with the village of Weberville for this parking lot. I'm not [17:59] going to abide by it. Thus causing us legal problems. And that's all the [18:03] that's the only reason I want to record it is just so that the world knows like, [18:06] hey, the village has an interest in this property over there to some extent. And [18:11] I even promised the attorney on the other side that if the day comes where [18:15] the pharmacist wants to revoke the license for whatever reason, that's [18:19] fine. We will put together another document effectively record that [18:23] subsequent and whereby lifting our any restriction that we would have on that [18:28] property. He's not inclined to do that either. [18:33] The long the short of the long story is I'm not certain that for me to go fight [18:38] this legal fight to get down to the brass tax is what is truly right and [18:43] wrong here. It's worth it in real world application. [18:47] I am inclined to do a memo for the village to essentially say look you can [18:52] enter into this license. It does not have to be recorded, but the village got [18:58] to be diligent to pay attention to this agreement because it will not be [19:03] recorded in the register of deeds. And so, um, it's kind of like a risk [19:08] assessment. I think everyone will be fine, but part of my job is to be [19:13] paranoid, right? So, I'm a huge proponent of just recording it, but that [19:18] seems to be a sticking point between me and the other side at this point. Um, [19:23] but I could put it down into a memo formally to help the council make a [19:28] decision on how you want to proceed because it's going to be a little bit of [19:30] a risk assessment, I think, as to what the council's inclined to do. [19:36] » Sir, are you at a point where it's effectively a stalemate and you need [19:40] some sort of direction from the council as how to proceed [snorts] [19:44] » at this point? Uh, yes. Um, I'm inclined to [19:52] advise to go forward with the license without the recording with the caveat [19:56] that hey, this is there is risk to going this direction. Um, if the council is [20:02] more inclined to say no, we want it recorded and I can give you legal [20:06] reasons formally, I'd be willing to do that for you, too. I'm not trying to [20:10] create work, but it's >> Has he responded to that that draft you [20:15] sent back to him? um that it would be appropriate. So, if we were to put in [20:19] front of council at the next meeting that it's reasonable if it was approved, [20:23] you you would accept it. He has not responded to it. Um [20:29] I'd have to I apologize. I have to double check to [20:34] see where I'm at on it, but he has not responded. We There has not been any [20:37] more movement on it. Um it's prepped, ready to go. [20:43] I guess it's just the prerogative of the council as to whether or not you wanted [20:47] to have it recorded. Otherwise, we're going to have to be good stewards of [20:50] that contract and pay attention to it for the duration of it because it will [20:53] not be preserved in the in county registered. [20:58] So, so let's put that on the agenda for next meeting. [21:02] » Um try to get some clarity on that between now [clears throat] and then. [21:08] » Okay. So, sorry Bruce, I didn't mean to go backwards. They're kind of tied [21:12] together. So I guess for the sake of Riley with the that part of that portion [21:16] of the parking lot still a little ambiguous as to whether or not the bill [21:20] could be going forward with it. >> Yep. We can pull it if you want if you [21:22] need to. >> Yeah. I mean could always be wrapped [21:25] into the Summit Street part if we don't >> potentially. [laughter] [21:31] » Okay. So >> anything else from [21:34] » question for Bruce? >> Yeah. [21:36] » You said that you were only going from Grand River to the alley. You're not [21:40] going to pave repave that road to the next intersection to the stop sign. [21:44] » No, it's not the blame. [21:49] » That's not tiff district, is it? From the alley to the intersection. [21:52] » It is. >> Okay. Yeah. We can certainly look at it [21:57] and just see what the cost would be. See if that it can be handled. I mean, it [22:02] would be past them at an intersection. And then right on the other side of that [22:05] alley, there's a big hole in the in the road right there where it's been cut out [22:09] for repairs for water main repair and what have you. I mean, it's it's just a [22:14] patch. I mean, I don't know why we can't go another somehow go another 100 ft, [22:19] » right? >> Yeah. I think they I think they pulled a [22:23] piece of the road out to put a storm drain across the street. [22:27] » Oh, yeah. But I think Ryan, well, Ryan's on the clock, but I think right there at [22:31] the corner by that next house behind the alley, their driveway, there was a curb [22:36] stop that had to be repaired there that needed for quite a while. So, there's a [22:39] big indentation there for that cut out. >> Yeah. [22:43] » Well, we could do I'll take a look at it. We can maybe possibly just do a mill [22:48] and fill on the rest of this. >> Yeah. I mean, you know, I don't think it [22:50] needs to be tore up. I mean, I just think while you're there, why would you [22:54] leave >> that section of road not done? [22:58] It's something to look at. >> Yeah. [23:01] » Yeah. >> Okay. Any other questions for Bruce? [23:06] See none. Any advocate reports before new business? [23:11] » All right. Uh first up, Chris, your timing is impactful. [23:16] » Um first item of business is adoption of the master plan. Um so again, we've been [23:22] discussing this for a number of months now. Um different drafts of different [23:26] sections have been proposed. So I believe tonight is the final adoption. [23:30] Correct. >> That is accurate. Um you have the final [23:34] version of you. Um there is as you know this document is actually two documents [23:41] as far as the state of Michigan is uh concerned. Um it's both your master plan [23:47] which is the basis for your zoning and it is your parks and recreation plan [23:52] which opens the door for grant funding from uh MDN. Um the as it as it [23:59] functions as the parks plan, it has to be submitted to MDNR by February 1st. Um [24:05] so after the adoption tonight, uh we will be rounding up um the accompanying [24:10] paperwork and getting that uh into their system. Um, and of course, as your [24:14] master plan, it is going to help you make decisions on things like [24:17] reszonings. Um, and special uses and that kind of thing as they come in. Um, [24:25] as it pertains to that piece of it, we may be reopening this document [24:33] fairly soon if I move forward 425. Um, [24:40] and it wouldn't be a wholesale change, but it would be updated to reflect [24:44] whatever happens there one way or another. [24:46] » Would it also need to be updated for what's on agenda item number [24:51] two, which is the zoning definitions or or is that kind of separate? [24:57] » No. Uh that's separate or not separate so much as it is a that is a zoning [25:03] ordinance thing that does not need a sort of backing from the master because [25:08] it doesn't change anything to do with the map um or you know not immediately. [25:13] So like it's um [25:18] anything from that potentially we could get pick up in anything post 425 if any [25:23] of that happens but for the moment it's fine. [25:25] » Okay. [25:30] So, any questions for Chris about the master plan? [25:36] [laughter] >> And that has to be turned in by [25:38] February. >> February 1st. Yes. [25:43] » Okay. There's no questions or discussion. I would recommend that we [25:48] adopt the master plan uh as presented. [25:53] » So, move second. Roll call. [25:59] » Yes. >> Yes. S [26:02] » no. >> Yes. [26:06] » All right. [snorts] Brings us to number [clears throat] two. So I'll kick off [26:09] the topic here. Um during our last meeting there was a lot of discussion um [26:14] with the potential of uh 425 and the topic of data centers came up. It's a [26:20] very hot topic in a number of communities right now. Um, and what I [26:24] heard from this board is that action would want to be taken in regards to [26:28] handling the zoning of those, but it was decided it would be best handled in a [26:32] separate meeting, which brings us to to today. Um, I've asked Chris to prepare [26:38] um this draft. Um I believe the state and maybe the county has given some [26:42] guidelines on on these types of things. But so there's clarity for everybody [26:47] here. Uh regardless of anybody's [26:53] feelings towards data centers in order for the village to manage where they go [26:58] or don't go, we have to adopt a definition of what a data center is. If [27:04] we do not by default these things are categoriz categorized as warehousing [27:09] which means anywhere that our warehousing is permitted somebody could [27:14] then uh put a data center there. Um so that is the the gist of this. Chris [27:21] would would you like to add to that or what you presented today? [27:24] » Yeah absolutely. Obviously, this has become a hot topic very quickly [27:28] um and is uh to get to Sam's, you know, big point [27:34] there. It's a little bit of a difficult topic because actually the issue is [27:38] scale. Um any office that has a server in it [27:43] connecting multiple computers is a data center, just a tiny one. And then you [27:48] have over the past 40 years since there's been some some semblance of the [27:54] internet existing, these these things have existed. [27:57] In the past couple of years, they have exploded in size and scale. Um, and [28:05] that's what causes the land use planning zoning concern. Um, up to a certain [28:11] level, they really are much of a concern computer. [28:15] Beyond that level, you're talking huge energy and water needs as well as other [28:19] potential off-site impacts. From the villages perspective, you don't have a [28:23] whole lot of control over energy. Um, and we could add language in here to [28:28] require submission of information on where they're going to get energy from. [28:32] Some communities have even required on-site energy generation like rooftop [28:36] solar panels and that kind of thing. And we could take this fairly short [28:40] amendment and expand it in lots and lots of pages. [28:44] But our initial thought here from your perspective as the village of Weberville [28:48] is that the big issue you're going to run into if one of these wants to come [28:52] here is water because you control the water system. And if it if this facility [28:59] comes in and it needs a huge capacity of water that your system cannot [29:06] support, then we have a problem. Flip side to that, if one of these [29:11] facilities came in and became a huge water user and water payer, but you [29:16] could support that capacity, suddenly your water system is well [29:20] funded because someone buy a lot of water from you. That's only going to be [29:24] that's only a positive thing. However, if your residents still have water [29:27] coming out of their taps. [snorts] Thus, the key aspect of this potential [29:33] amendment is section three, which is to say [29:38] it says very clearly, one of these will not be approved in the village unless [29:42] the DPW certifies that there is sufficient capacity or the applicant [29:48] pays for the upgrades to get you sufficient capacity. [29:52] If neither of those is met, this ordinance says you vote to deny. In [29:58] fact, this ordinance says they can't believe we're coming to in the first [30:02] place if they don't have one of those two set to go before they come to [30:05] council. It It's our goal here to protect you [30:09] guys from that particular aspect which directly impacts your biggest piece of [30:15] infrastructure in the village. um if you'd like to we can get into [30:20] other issues such as noise. However, or or energy or any of that. [30:26] However, unlike some of the rural communities that have tackled this [30:30] issue, you have an industrial park. The industrial park has or is located such [30:38] that it has a number of uses that have noise, noises, smells, truck traffic. [30:42] And while we have some issues with it, there aren't very many residents, if [30:45] any, that are directly impacted because the industrial park is isolated from [30:49] residential areas intentionally. And this body in the past has said, "Yeah, [30:54] we can have marijuana grow facilities, for instance, because we have this [30:57] industrial park that is isolated from residents." You could take that TAC with [31:02] a data center and say, "This is isolated from residents, so we don't really care [31:06] if it's making noise. We know it won't actually have very much truck traffic. [31:09] It won't none. We know it won't have a lot of car traffic. They don't have very [31:12] employees, but we know it's going to take a lot of [31:15] water and it's going to take a lot of power. And while we don't provide the [31:17] water or the power, we provide the water. And so, we really need to know [31:20] what's going on there and be locked and loaded well in advance of anyone [31:24] starting to pump water into this thing. Anyway, that's the amendment in front of [31:28] you. The uh the action tonight will be to set a public hearing, but I'm also [31:31] interested in your thoughts on the policy item. Is this the direction you [31:36] want to go? understanding that simply saying no is not an option. As with all [31:40] legal uses of land, you have to have some possibility uh of allowing them, [31:45] but you don't have to make it easy and you have you can make rules to [31:49] government. Well, and I think another sorry to jump in here, Chris, but [31:54] another key part of this of of what Chris has presented is that this would [31:58] be like like you said excluded to M1 Industrial, but it would only be [32:02] permittable permissible by special use permit, which means that applicant would [32:08] have to come to this council seeking permission by vote to be approved. Now, [32:13] there are caveats, which is to deny a special use permit, there has to be just [32:18] cause, but I think we're trying to put as many layers of protection in here as [32:22] possible. Um, so again, like Chris said, this [32:27] meeting is to set a public hearing to adopt a definition. And I I'm open at [32:34] this point to having a discussion about how this board feels this should be [32:38] shaped um if it should be structured differently than what Chris has [32:42] presented here. [32:47] [clears throat] >> The way I understand it. I think he's [32:49] got us covered pretty well. I mean with what he's put in front of us right now [32:54] and I don't have a problem moving forward to a public comment on it, [32:59] public hearing. Yeah. And I would say I know this is kind of [33:05] coming, you know, fresh tonight. We've had a couple days advance to absorb [33:10] this, but between now and whenever the public hearing is set set if questions [33:15] arise, um I would say let's try to collect those and consolidate them. [33:20] We'll reach out to Chris and try to address those. And if there's anything [33:24] that needs to be um I guess changed at the next meeting after the public [33:31] hearing that then we can adjust that as needed. So unless anybody has any [33:36] specific comments, questions or concerns, food for thought. Um [33:42] are we ready to set a public hearing for this? Okay. So I recommend that we set a [33:50] public hearing for zoning definitions for February 10th, 2026. [33:55] » So >> second [33:58] roll call. >> Yes. [34:01] » Yes. Stanfield. >> Yes. [34:04] » Yes. [34:08] » The February 10th. [34:16] Yeah. Okay. Um, no further discussion on that. [34:21] We'll move on to item number three, which is resolution 2026-01, [34:26] which is [clears throat] going to be our midyear [34:30] budget amendment for the 2025 2026 fiscal year. Um, so this is not [34:36] particularly required. Um this is something that we've elected to do um [34:41] just to keep on track with any budget amendments kind of mid year as we need [34:45] to adjust the budget. Um so that's been prepared in front of you this evening. [34:51] Jessica, do you have anything to add? I know you spent a lot of time with [34:54] Caitlyn on this. >> A lot of the notes are on the side. [34:57] They're wondering what happened. [35:02] Um, but it's been a few months in the making [35:06] to get this cleaned up. [35:17] » Are there any glaring red flags or concerns that you see in this? [35:20] » No. >> Okay. [35:24] Any questions or discuss discussion from the council on the budget amendment? [35:27] » No, I love the little notes on the side. >> I know. It's really awesome. makes it [35:31] very easy to track. [35:36] Okay. Um I would recommend that we approve [35:43] resolution 2026-01 for the 2025 2026 midyear budget amendments. [35:49] » So move second. >> Roll call. [35:53] » Mer >> yes. [35:55] » Sher, >> yes. Walford, [35:58] » yes. >> Shy, [35:59] » yes. [36:02] Okay. Um, brings us to item number four, which was added to the agenda, uh, which [36:09] is discussion of the back truck. So, Deborah, if you would motion to have [36:16] this added, I'll let you bring up your concerns. Now, is this paperwork here [36:22] the uh contractor price for the back truck services versus [36:27] us getting our own truck? >> Uh, yes. The [36:32] » to the hourly rate it would cost us for our own truck. [36:36] » Well, >> because last meeting, if I remember [36:39] correctly, we were supposed to think about purchasing our own truck [36:45] and versus having a company come in and [36:51] doing what they needed to do. >> Sure. So, I I would just I would just [36:56] caution you a little bit with the the self- rental numbers being that they're [37:01] budgetary numbers and that that's money that we charge ourselves. So, it's not [37:06] it's not a real cost if that makes sense. It's just determining how much [37:11] money needs to move from one fund to another. [37:14] Okay. um th those numbers are not including [37:19] the the labor cost to operate that piece of equipment nor the cost of purchasing. [37:26] Um so you you are correct that um the numbers up above are the cost for um [37:32] contractual hourly rates. Um those are from ML chart here. It's a local company [37:39] here in the business park. Um there would also be a reduced discharge rate [37:46] um provided that we're able to discharge any sewer cleanouts into our lagoons. [37:50] You know, theoretically that stuff would be destined to end up there anyway. Um [37:55] but this is just to give an idea uh to the council of what those hourly rates [38:01] would be. I would also add to this discussion that [38:06] um I've talked to Joe from Michigan Rural Water Association. um he's the [38:11] gentleman assigned to our community uh who does all of our water rate studies [38:16] and um I I thought I remembered this and I did correctly which is part of the [38:23] water rate study accounts for our capital improvement plan which basically [38:28] means any planned future expenses um beyond just regular maintenance of the [38:33] system. So, as of right now, we are scheduled in the capital improvement [38:38] plan for a large infrastructure update in 2035, which is realistically only [38:43] nine years away. Um, [clears throat] at our current savings rate, with a a [38:48] projected annual increase in our water in our water rates and sewer rates, [38:53] we're still going to fall $800,000 short of what's projected that we'll meet in [38:58] nine years. So the purchase of a truck at $5 to $600,000 would mean that in [39:05] nine years we would be 1.3 or $1.4 million short. [39:10] » Okay. But purchase of that truck is going to save Buku money from having to [39:17] rent. >> Well, we don't know. [39:20] » Well, we don't know by purchasing that truck that how much money we would be [39:25] saving on that. So what what we don't have accurate insight on right now is [39:30] utilization rate of a truck and how much we would actually use and to translate [39:36] that into a annual cost for contracting versus cost of ownership because there's [39:42] not just the cost of the truck, there's the cost of operating it, cost of [39:46] keeping fuel in it, tires, maintenance, all of those other things. I think Robin [39:51] Robin Brian had stated within five years that it would pay for itself if memory [39:57] serves me correctly. >> I I could be wrong. [40:00] » So there's a lot of different routes that this could go. There's no denying [40:05] that there are services in this village and activities that require a back [40:09] truck. I mean, the only way you can clean out a sewer system realistically [40:13] is with that type of equipment, right? Um, [40:17] » well, I know there's fire hydrant that needs to be replaced over by the [40:21] firehouse and [40:24] we can't do it unless we have >> not true and I'm not I'm not suggesting [40:29] we do this, but technically the way that that used to be done was with a shovel. [40:34] » You know, I can go buy a lot of $20 shovels versus a $600,000 truck or pay [40:40] somebody an hour to come in and do that. So, there's other options that have yet [40:45] to be explored here. There's purchasing a truck. There's a contractual service. [40:51] There's also the option for a used truck. I've looked a number of different [40:56] searches searches and found a couple of hundred uh used units throughout the [41:01] country that you know are much newer than what we have now. Uh there's also [41:06] the option that we need to explore and understand of upfitting our current [41:11] truck. So, as I understand it, our current chassis, the nonvactor part of [41:16] it, um, you may have some transmission issues, but it's otherwise low mileage [41:20] and in good shape. So, what would be the cost of having somebody just put a new [41:26] factory unit on that? These are all things that this council needs to [41:31] understand in full before making a decision of this magnitude because in [41:37] talking with Michigan Rural Water Association, [41:41] not only does this impact our future projects, which I didn't even mention, [41:44] in 2045, we have a capital improvement plan that under our current savings rate [41:50] will be $2 million short of. So in the near term, that 2020, that 2035 [41:58] target, if we were to either borrow the money out of the savings that [42:03] we have and pay ourselves back or finance this vehicle, [42:07] the rough numbers that we're looking at is we would have to increase the ready [42:11] to serve rate on the sewer part for 3/4 inch service line by $10 a month. That [42:17] that's ultimately what the cost of the taxpayers would be to buy a truck. [42:26] So given that we this board went through this exercise [42:33] 14 15 months ago when we raised water rates u and we all know how that went [42:38] over that that was a very large increase. This is would be a similar [42:43] increase on top of any other annual increases that we would need to do to [42:47] keep up with inflationary costs. So that's why that I I cannot underestimate [42:52] the magnitude of this type of decision. I'm not saying no, we cannot buy a truck [42:56] or no, we shouldn't, but we don't have a complete view or picture yet, which is [43:01] why I did not put it on the agenda because I don't feel like we have enough [43:06] information to make a responsible decision. [43:13] » I agree. I think we need to weigh every option there is. I don't. Yeah, a new [43:18] truck, a new shiny truck would be great and it would work great. There's no [43:22] doubt about it. But to jump in both feet and just run out, buy a new truck is not [43:27] a sensible decision. We have to shop you. We have to shop the option. And [43:34] I've never seen this truck in person. I don't know what the frame looks like. I [43:37] don't know anything about the truck though. But we've got to look at every [43:40] option there is >> and whether it's even [43:45] » better money spent for a year or two to pay somebody to do it because we don't [43:49] know if we can't broadcast how many times we're going to [43:53] need that truck in a year. >> If we had it, would we use it more? [43:57] Probably. But did we have to use it? >> Probably not. Well, and and sorry if I [44:03] may real quick to that point, it's not like these trucks are going to be [44:08] stopped being built tomorrow. There is the option to go with a contractor [44:12] service for 12 months to understand what that cost is and how often we would need [44:17] that truck. And at that point, the council could make a decision of well, [44:22] maybe there is a cost benefit to purchasing versus renting. You know, so [44:26] this to your point, it's not something that we should just jump into. you know, [44:30] there is that option to to wait. It's not like by not buying one, we're going [44:34] to give it out. >> And see, I'm [44:37] right there with both of you because I'm like the pros and cons person, you know, [44:40] and where you list it out, you sit down and you've got like, okay, so we have [44:45] one, we could do this, this, and this, and you list it down a piece of paper [44:48] and, you know, it's kind of like, I'm looking at this cost. Whereas, if you're [44:52] going with a new one, yeah, it's going to be nice and great, but you know, if [44:56] something breaks down after, you know, you might have it a year, but you're [45:00] still going to have repair costs either way. And then, you know, you have to [45:04] explain it because we're all taxpayers. If something's going up, first of all, [45:10] we spent this great big amount on this and oh, by the way, now we have to [45:15] raise, you know, your water bill because of this. [45:22] You just have to take that time, take a step back and really think about it [45:26] before you're doing that. You know, does it mean that [45:33] like you said, we just buy parts for what we have now? [45:38] Maybe we go elsewhere. It's just it's a lot of thought before you make a [45:42] [clears throat] huge investment like that. [45:45] Well, it's going to be a big investment to even upgrade our truck because the [45:49] parts aren't available to fix what the problem is. [45:52] » And like Ryan had said before, we just put a new tank on it. I'd hate to throw [45:56] it away, but if you can't buy parts, you can't buy parts. So, [45:59] » you got to weigh >> the option of fixing ours cuz we all [46:03] know it doesn't have miles. Is the transmission a serious problem or is it? [46:06] Who knows? >> Um versus buying a used one versus [46:10] paying somebody to do this for us for one year. and now we've got an idea of [46:14] what we spent on it and we can weigh that to the option of buying a new one [46:19] in a year or a used one. I mean, there's just too many options that haven't been [46:23] investigated yet in my mind to even talk about [46:28] » which route to go. >> And and to provide some clarity, um I [46:32] was only able to connect with Joe from Michigan World Water like a couple days [46:36] ago. So he and I have a meeting scheduled in a couple of weeks to sit [46:41] down and actually go through his spreadsheet and run some numbers to so [46:45] hopefully we can bring back you know some more concrete information for the [46:49] council in terms of you know [clears throat] estimated cost for [46:53] different options. What is the financial impact to not only our savings and [46:58] capital improvement plan but also to the taxpayers and their water bills? [47:02] » When is our next water hike scheduled [snorts] for? We try to usually do that [47:07] around budget season, right? So Joe's probably going to start looking at those [47:11] numbers here in the next few weeks. Um with the idea of bringing that forward [47:16] to council probably in March, >> March or April. [47:19] » Yeah. >> So we could already be going to the [47:23] people and saying your water bill is going to go up $8, $10. We don't know [47:27] that, right? I'm just throwing a number out. And then to tell them that, oh, we [47:31] need this truck, which is going to make your water rate go up another 10 on top [47:34] of that, right? Not gonna go well. >> Can a sewer fund absorb some of that [47:40] cost? >> The sewer fund is well funded, but it's [47:45] earmarked for those capital improvement projects. [47:48] So, in the instance of borrowing from [47:51] ourselves and paying it back over 10 years, that's where that $10 a month [47:55] would come from. [47:58] » [clears throat] >> So lot lot of [48:03] lot of different options not just in terms of equipment but also how we pay [48:07] for it be it financed pay for it wholly um I doubt you can probably lease [48:13] something like that um you know not for not you know I had a [48:19] really good productive meeting with ML Shark here they're very excited about [48:22] the prospect of working with us they certainly love the village Um, obviously [48:27] it would have to be inspected and approved by them, but there would be [48:31] interest um for them to purchase our old [48:35] equipment if we were to want to get rid of it either for parts or for repair. [48:39] Um, like I said, obvious they they need to understand what it looks like, [48:42] condition, all that stuff to make any sort of offer. But that could help some [48:47] offset some of the costs uh in the future. And the nice thing, I think, why [48:52] they're interested is ours is a Vector brand and 90% of their fleet is Vector [48:58] brand as well. So, well, the other option is, and I'm not [49:03] saying we're going with them, but if we were to go with them or another [49:06] contractor for a year, but ML Sharkier, we treat them right, they treat us [49:11] right. Maybe they have a truck that comes up for sale because they're [49:14] upgrading their fleet. they sell us one, you know, one of their used trucks in a [49:19] year. >> I would be surprised by that. It's [49:25] certainly possible and it's great thought. Um, but being that these are [49:28] very uh the type of equipment that's very [49:32] prone to breaking down. I was surprised to learn out of their fleet of 40 some [49:37] odd vehicles, I think like five or six of those sit there as backups because [49:42] it's anticipated that, you know, so that that really reframed this in my mind of [49:48] a cost of ownership of as well is, you know, just because you buy a brand new [49:52] unit doesn't mean that you're not going to be putting 50 grand into it two or [49:55] three years down the road, >> right? I mean, that's right, from the [49:59] experts. So, [50:04] I don't really have anything else to add on the topic. Um, unless the council [50:08] does. Like I said, I'm I'm working diligently myself and trying to work [50:13] with Ryan as well to really bring together a full proposal to the council [50:18] so we we know what we're deciding on. [50:24] So, unless there's anything else there, [50:27] we'll move on to added item number five, which is the WDA. [50:32] Um, so it's brought to my attention that Diana Baxter um has uh [50:40] announced or or made known that she wishes to resign from the board. Um, no [50:46] longer really has a vested interest in the community. I believe she's largely [50:50] moved out. So, um, not really having the time commitment or the vested interest, [50:54] she's choosing to step down, uh, which leaves an open seat. and uh our [51:01] long-term audience member uh Andrew Nephew has expressed interest and would [51:06] like to join the WDDA. Um [51:10] any questions there? I know it's kind of straightforward. [51:17] So that said, I recommend that we approve [51:23] resolution 2026-2 recognizes the recognizing the vacant uh [51:28] WDA seat and the appointment of Andrew Nephew to the DDA [laughter] board. [51:33] » So moved. [clears throat] >> Roll call. [51:38] » Yes. >> Short. [51:39] » Yes. Stanfield. >> Yes. [51:41] » Walter. >> Yes. [51:44] » Yes. Welcome aboard, Andrew. [51:48] Um, Jessica or somebody from the village office will work with you on getting you [51:52] sworn in. [51:56] » What's Andrew's first name? >> Nephew. [51:59] » Nephew. >> Yes. [52:03] » Okay. Brings us to the end of new business. And at this time, we'll open [52:08] up for our second round of public comment at 6:52. [52:13] Yes, sir. John Leonard, village [clears throat] [52:16] resident. Mr. President, I've got a few items here that I'm concerned about as [52:23] uh things that are going on in the village and I would like to have some [52:26] address to this. Number one is is going to be addressed to the village attorney [52:32] if he can answer this which is a yes or no. Is there again a pending lawsuit [52:39] legal action against the village and yourself as the president concerning the [52:46] firing of a former employee employee? [52:53] Is there a yes or no on that [52:57] or refusal to answer? >> This is public comment. [53:01] » I It's a question for the attorney. Is there a pending loss? Yes or no? I know [53:08] I know that there's been a serving, so [clears throat] I just want to hear it [53:12] as a public records. Yes or no? And I'm taking that this failure to [53:18] answer is the comment I'm going to get tonight. [53:23] Okay, move on. Concern out of control spend out of [53:27] control spending as a result of legal advice. [53:31] White Rose is an issue. Attorney fees continue to rise. I'm not saying that's [53:37] the fault of the attorney, but the council needs to be aware. This is [53:41] costing or potentially costing us through attorney fees, [53:46] and we as the taxpayer is going to be responsible ultimately for this. Uh the [53:51] equal fine, $32,500. This was paid as a result of of action [53:58] on the village at the taxpayers's expense. [54:02] The equipment [clears throat] request for potential uh equipment. My concern [54:07] is could this lead to potential property damage again involving legal fees and [54:15] increased legal costs passed on to the village. and his hydro back again [54:20] because I'm concerned about property damage or potential litigation from [54:24] property owners. Uh the budget I just want to say in my opinion that the [54:30] budget the village budget the taxpayers dollars is not [54:35] a personal spending account for the village president. That's my opinion and [54:40] I need to express that. Now I would like to explain why if it's possible. I'm [54:46] told that a village employee again was disciplined [54:52] and again there's probably a potential for legal fees as a result of the [54:58] president's decision making. And I just want to remind the council [55:02] and I know my time is up. One more comment. The [clears throat] council has [55:07] the ultimate control over the decision making of this body and it's in my [55:14] opinion that this council should take control and control what is [55:20] being decided at this at this board. Thank you. Those are my comments. [55:26] » Thank you. Any other public comment this evening? [55:31] Okay, seeing none. So, we will close public comment at 656. [55:36] Uh, as far as the president's comments, Scott, I I know this is my section, but [55:42] is there anything that you want to want to address in in that public comment? [55:46] » Um, I'm happy to. Um, yes, there is a pending lawsuit that's been filed in the [55:51] Ingam County Circuit Court, I believe. Uh, I'm not handling the matter. It's [55:57] being taken up by our insurance provider, their attorneys. Um, so I I [56:04] can't I I I sincerely don't have any more [56:08] information than that. The attorneys through the MML have that now in their [56:11] possession uh through our insurance policy. Um, [56:17] the white rose. Um, yes. And the the very reason why this is [56:24] still pending in the Michigan Court of Appeals is that right now I have secured [56:30] a judgment for all my attorney fees in relation to the White Rose matter. And [56:35] that is what they're essentially appealing. Um there the defendant White [56:40] Rose is essentially saying don't make me responsible for all these attorney fees [56:44] where the circuit court of Ben County has already said White Rose you pay the [56:48] bill for all the attorney fees. So that's that's the piece that's in there. [56:54] Um [56:58] I think is that it for the attorney questions? I believe so. So um all other [57:04] questions um we'll try to get back to you. Um [57:09] within a week. Uh I have no further comments beyond that which brings us to [57:16] comments from the council. >> Just like to say thank you for your [57:19] time. Jessica, was the check move out to [57:24] Eagle? >> So then that fine is definitely taken [57:29] care of. >> Mr. B, this question is then for you. [57:34] Since we weren't even allowed to discuss that until eagle rendered their decision [57:41] we paid. Is this [clears throat] now the time that you write a termination letter [57:48] for Shane Batliff? >> Well, I believe [57:50] » we put this to bed. >> I believe so. Uh well, let me back up. I [57:55] believe that the matter has already been resolved. Um, I would have to go back [57:59] and check uh with the minutes or the village record. I believe the matter was [58:05] handled by pre former president Brad Hitchcock. I haven't double checked [58:08] that. >> Yeah. But you had said, if memory serves [58:11] me correctly, >> said that you could not give him a [58:15] letter of termination until we found out what Eagle [58:19] » was going to do and the Eagle fine. >> Yeah. And I will have to double check [58:24] all that. And I and that was a position at one time, but I got to go back and [58:29] double check because I have for whatever reason I'm believing that former [58:33] President Hitchcock terminated the employment officially, [58:39] but I will double check that. And if that has not happened, then yes, an [58:43] official termination letter would have to be [58:46] dispatched. >> Okay. And council does not need to [58:50] approve that at that point. >> Nope. [58:53] » Okay. Uh the normal course of business of any kind of uh [58:59] disciplinary action or discharge, the employees are given a fiveday window to [59:06] grieve any action whereby uh that grievance then could come back in front [59:12] of the council for review. >> Okay. And is there any way to recover [59:17] the 32,500 fine? [59:21] » [clears throat] >> Not that I'm aware of, but I can I I'd [59:24] be willing to check into it. But as far as I know from what I having gone [59:28] through this at this very moment, are you saying like to seek damages from [59:33] an individual? >> Well, well, yeah, we're out that money [59:37] for something that he ultimately caused. >> Yeah, that uh I do not believe that is [59:44] an option, but [clears throat] I can double check that. [59:49] Any other comments from the council for this [59:53] evening? I'm seeing none. So, is there a motion [59:58] to adjurnn? >> I will make motion to adjurnn at 6. [1:00:02] Second. All in favor say I. >> I. All opposed. [1:00:07] Thank you all for coming.