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City of Plainwell City of Plainwell Rick Brooks, Mayor 211 N. Main Street Lori Steele, Mayor Pro‐Tem Plainwell, Michigan 49080 Brad Keeler, Council Member Phone: 269‐685‐6821 Todd Overhuel, Council Member Fax: 269‐685‐7282 Roger Keeney, Council Member Web Address: www.plainwell.org “The Island City” AGENDA City Council – Monday January 23, 2017 7:00 PM 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Roll Call 5. Approval of Minutes/Summary – 01/09/2017 Regular Meeting. 6. General Public/County Commissioner Report 7. Agenda Amendments 8. Mayor's Report 9. Recommendations and Reports: A. Resolution 17-08 State Performance Resolution Council will consider a resolution with the State of Michigan to obtain a permit to work in the state right-of-ways. B. Traffic Control Orders 461 and 462 Council will consider two (2) Traffic Control Orders regarding the parking lot behind Old City Hall. C. Transfer of Ownership 2011 Ford F350 (Prime Mover) Council will consider transferring ownership of a 2011 Ford F350 emergency response vehicle from Allegan County Emergency Management to the city and authorizing the City Manager to execute all documents related to the approved action. D. June 30, 2016 Audit Dan Veldhuizen from Siegfried Crandall PC will present the June 30, 2016 Plainwell City audit. 10. Communications: December 2016 DPS Report, the 2016 Building Permit report, the Draft January 12, 2017 Parks & Trees Minutes, the January 10, 2017 DDA/BRA/TIFA Minutes, the December 2016 Water Renewal Report and the October 25, 2016 M-40/M-89 Corridor Committee Minutes. 11. Accounts Payable - $136,249.90 12. Public Comments 13. Staff Comments 14. Council Comments 15. Adjournment Note: All public comment limited to two minutes, when recognized please rise and provide name and address The City of Plainwell is an equal opportunity employer County Services Building 3283 – 122nd Avenue Allegan County Allegan, MI 49010 269-673-0203 Main Office B o a r d o f 269-686-5331 Main Fax http://www.allegancounty.org Commissioners BOARD OF COMMISSIONERS MEETING (ORGANIZATIONAL) – AGENDA DISTRICT 1 Thursday, January 12, 2017 – 9AM Dean Kapenga Board Room – County Services Building 616-218-2599 dkapenga@ allegancounty.org 9AM CALL TO ORDER: Allegan County Clerk – Register OPENING PRAYER: Commissioner Dean Kapenga PLEDGE OF ALLEGIANCE: DISTRICT 2 ROLL CALL: Jim Storey ELECTION OF TEMPORARY CHAIRPERSON: (Mark DeYoung) 616-848-9767 jstorey@ ELECTION OF PERMANENT CHAIRPERSON: (Dean Kapenga) allegancounty.org ELECTION OF PERMANENT VICE-CHAIRPERSON: (Tom Jessup) COMMUNICATIONS: None ROAD COMMISSION CANDIDATE INTRODUCTIONS: (Jim DISTRICT 3 Rybicki, Pam Brown, Ken Rutgers-Decision moved to the January 26, Max R. Thiele 2017--1:00pm agenda decision.) 269-673-4514 mthiele@ APPROVAL OF AGENDA: allegancounty.org ADMINISTRATIVE REPORTS: CONSENT ITEMS: 1. Motion to approve of claims paid and to incorporate into proceedings of the Board DISTRICT 4 (12/16/16 & 12/23/16 & 12/30/16 & 1/6/17 & 1/13/17) ($422,349.06, $1,521,697.04, Mark DeYoung 616-681-9413 $465,145.13, $152,275.09, $386,696.90; passed unanimously) mdeyoung@ allegancounty.org ACTION ITEMS: 1. Child Care Fund—approve revised Budget Plan for FY2017 (152-105) (Re-approve DISTRICT 5 $4,713,869.15 through September 30, 2017; passed unanimously-Met new Director Tom Jessup Chris Dulac-replacing retiring Jerry Durkee) 269-637-3374 tjessup@ 2. Harassment/Employee Dignity—approve revised Policy #201 (144-311) – TABLED allegancounty.org (Removed from table and approved policy; passed unanimously) 3. Equal Opportunity Employer—approve revised Policy #210 (144-312) – TABLED (Removed from table and approved policy; 6-1 Theile) DISTRICT 6 4. Health Department—approve Reimbusement Policy and Procedure/Resource Gale Dugan 269-694-5276 Recovery Recycling Program (151-917) (To establish standardized procedures to all gdugan@ participating units; passed 6-1Thiele) allegancounty.org 5. Facilities Management—award Courthouse Boiler Replacement Services Bid (151-954) (Replace both boilers (1989 ages and dangerous) at Courthouse not to exceed $160,000, 4 bids awarded to Pro Services of Kalamazoo; passed DISTRICT 7 Don Black unanimously) 269-792-6446 6. Sheriff’s Office—purchase Power Boat 1 replacement motors (152-234) (Replace dblack@ allegancounty.org $48,000 to comply to The Federal Hostile Based Action Plan; passed unanimously) 7. Review Board Rules of Organization (Affirm rules except planning meetings from 9:30am to 9:00am; passed unanimously) Mission Statement “The Allegan County Board of Commissioners shall plan, develop, and evaluate the necessary policies and resources to ensure our county continues to progress and prosper” DISCUSSION ITEMS: 1. Finance—approve Budget Adjustments and Capital Project Changes (151-681) (Create a policy, and adjust budget; passed unanimously) 2. 2017-18 Planning (More January 26, 2017) NOTICE OF APPOINTMENTS & ELECTIONS: PUBLIC PARTICIPATION: FUTURE AGENDA ITEMS: (Safety Millage-New or added to Planning Discussion December 8, 2016-Exiting Sheriff suggested safety millage) REQUEST FOR PER DIEM/MILEAGE: BOARDS AND COMMISSIONS REPORTS: ROUND TABLE: District-1-Dean Kapenga-(Nothing) District-2-Jim Storey-(Nothing) District-3-Max R. Thiele-(Nothing) District-4-Mark DeYoung-(Nothing) District-5-Tom Jessup-(Nothing) District-6-Gale Dugan-(Nothing) District-7-Don Black-(Please forward knowledge of AAAWM if re-appointed) District #7 Commissioner (616) 920-2875 Don Black Synopsis-January 26, 2017 (Comments in italics are my opinions and interpretation of the Commission meeting and actions) Plan Ahead Think how you will get yourself out of a difficult spot before you get yourself into one. Aesop (600 BC) ADJOURNMENT: Next Meeting - Thursday, January 26, 2017, 1PM @ BOARD ROOM – COUNTY SERVICES BUILDING, COUNTY SERVICES COMPLEX. Michigan Department Of Transportation PERFORMANCE RESOLUTION Page 1 of 2 2207B (12/16) FOR GOVERNMENTAL AGENCIES This Performance Resolution is required by the Michigan Department of Transportation for purposes of issuing to a municipal utility an ''Individual Permit for Use of State Highway Right of Way'', or an ''Annual Application and Permit for Miscellaneous Operations within State Highway Right of Way''. RESOLVED WHEREAS, the City of Plainwell (city, village, township, etc.) hereinafter referred to as the ''GOVERNMENTAL AGENCY,'' 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 GOVERNMENTAL AGENCY agrees that: 1. Each party to this Agreement shall remain responsible for any claims arising out of their own acts and/or omissions during the performance of this Agreement, as provided by law. This Agreement 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 GOVERNMENTAL AGENCY is performed by a contractor, the GOVERNEMENTAL AGENCY 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 GOVERNMENTAL AGENCY. Failure of the GOVERNMENTAL AGENCY 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 GOVERNMENTAL AGENCY by a contractor or subcontractor will be solely as a contractor for the GOVERNMENTAL AGENCY 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 GOVERNMENTAL AGENCY, 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 GOVERNMENTAL AGENCY. 4. The GOVERNMENTAL AGENCY 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. MDOT 2207B (12/16)
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