REGULAR MEETING
BELDING CITY COUNCIL
Tuesday, February 6, 2024
Pere Marquette Depot
100 Depot Street
7:00 p.m.
A meeting of the Belding City Council was convened in open and public session at the Pere Marquette Depot, 100 Depot Street, Belding, MI 48809, at 7:00 p.m. on Tuesday, February 6, 2024 at 7:00 p.m.
Mayor Bruce Meyers called the meeting to order at 7:00 p.m. and gave the Invocation followed by the Pledge of Allegiance.
City Clerk, Janae Ortego, took the roll call:
Members present: Shelley Gladding, Bonita Steele, Jeanine Leary, Jorel Davis and Bruce Meyers
Members absent: None
Mayor Meyers noted the following additions to the agenda: Add Museum Board Annual Report prior to the Consent Agenda and add an additional Independent Bank check run and an additional Mercantile Bank check run to the Consent Agenda. Moved by Davis, seconded by Leary to approve the amended agenda.
Motion carried by the following roll call vote: Yes – all.
Jill Mason, Museum Board Chair, presented the council with the 2023 Museum Board Annual Report, citing their activities and accomplishments for the past year. (Full report on file in the Clerk’s Office).
Moved by Davis, seconded by Gladding to approve the Consent Agenda as presented. Motion carried by the following roll call vote: Yes – all. The Consent Agenda is as follows:
A. Approve Independent Bank Checks 81144 to 81258 in the amount of $495,885.34.
Approve Independent Bank ACH Notifications
Approve Mercantile bank Checks 1530 – 1550 in the amount of $168,820.76.
B. Approve Minutes: City Council regularly scheduled meeting – January 16, 2024
Leary reported that the Library Board have met on January 22 and approved board positions and the 2024 meeting schedule. The Museum Board has not met, but had a guest speaker.
Davis reported that the Planning Commission was moved to Thursday, February 29th due to the Presidential Primary Election as no clerk would be available.
Gladding reported that the ZBA had their organizational meeting and elected board positions. Two candidates were also recommended for appointment and are present this evening to receive formal appointment from the City Council.
Mayor Meyers advised that the Belding Housing Commission went over normal reports and will be meeting on Thursday, February 15th at 6:15 p.m.
A. Consider appointments to the Zoning Board of Appeals
1. Moved by Gladding, seconded by Leary to appoint Kenneth Myers to the Zoning Board of Appeals with a term expiring 12-1-26. Motion carried by the following roll call vote: Yes – all.
2. Moved by Steele, seconded by Leary to appoint Richard Outman to the Zoning Board of Appeals with a term expiring 12-1-26. Motion carried by the following roll call vote: Yes – all.
B. Consider Appointment to the Planning Commission
1. Moved by Steele, seconded by Gladding to appoint Mike Tefft to the Planning Commission with a partial term expiring 9-1-24. Motion carried by the following roll call vote: Yes – all.
C. Fire Chief Tim Lubitz gave an educational report on the use of foam for firefighting. It is mainly used for hazardous liquid fires which are seldom. He has not used foam in the 4+ years of being the Fire Chief and has used it maybe five times in his 25+ year career as a firefighter. The State highly regulates its use, with the state requiring notification of its use within 24 hours. It has a shelf-life of 20+ years. Lubitz additionally reported that he received a $5,000 Grant from the DNR at the end of December and he also just received $2,500 from the Ionia County Community Foundation.
D. Moved by Leary, seconded by Gladding to set Saturday, March 2, 2024 at 8:00 a.m. as the 2024 Goal Setting Meeting for City Council. Motion carried by the following roll call vote: Yes – all.
E. Moved by Davis, seconded by Gladding to approve Resolution 2024-02-04, Performance Resolution for Municipalities. Motion carried by the following roll call vote: Yes – All. The Resolution is as follows:
CITY OF BELDING
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 City of Belding, Michigan 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 Resolution shall remain responsible for any claims arising out of their own acts and/or omissions during the performance of this Resolution , as provided by law. This Resolution 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 Right of Way resulting from the installation construction, operation and/or maintenance of the MUNICIPALITY’S facilities according to a PERMIT issued by the DEPARTMENT.
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:
Jon Lovell, Public Works Supervisor
Mercedes Rendall, Utilities Supervisor
Jon Stoppels, City Manager
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Belding, Michigan, that the above Performance Resolution for Municipalities be adopted.
THIS RESOLUTION WAS THEREUPON DECLARED ADOPTED THIS 6TH DAY OF FEBRUARY, 2024.
Clinton Hewartson commented on Meet the Mayor.
Stoppels advised council of the water leak on Floral Drive.
Leary commented on the grand opening of HOG Cannabis and wished the business well. She thanked everyone for coming to the meeting.
Davis thanked Mason for the Museum Board Annual Report, Chief Lubitz for his report, and Hewartson for his comment. He welcomed the Planning Commission and ZBA members.
Gladding commented on the grand opening of HOG Cannabis, the appointments to the ZBA and Planning Commission, and Meet the Mayor. She further advised that this year’s theme for Labor Day is “Welcome to the Jungle”. A fundraiser steak fry will be held at the American Legion. She also commented on the remodel of the living space in the fire department.
Steele commented on people applying for boards and last year’s goals.
Mayor Meyers thanked Mason for her report, Myers and Outman for their interest in being appointed to the ZBA, Tefft for his interest in being appointed to the Planning Commission, city council and staff for their goal setting accomplishments.
Moved by Davis, seconded by Leary to adjourn the meeting at 7:49 p.m. Motion carried by the following roll call vote: Yes – all.
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Bruce Meyers, Mayor Janae Ortego, City Clerk