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05/06/2019 Regular Meeting Regular
Monday, May 6, 20196:30 PM


Fairgrove Village

Regular Meeting

05/06/2019 @ 6:30 pm


  • Welcome remarks
  • Pledge of Allegiance
  • Approval of agenda for 05/06/2019
  • Approval of meeting minutes from 04/09/2019 (with correction of meeting date)
  • Audience Recognition


  1. Attorney form Village Council: Taylor, Butterfield, Riseman, Clark, Howel & Churchill P.C.

Questions on the Village Opting “In’ or “Out” of Medical Marijuana


Department Committee Reports

  • Fire/ Fire Run Report
    • 2019-007
    • Non-emergency medical facilities


  • Police
  • Blight 
  • 5085 Center Street


  • DPW
    • Long term plan


  • Volunteer Fire Department
    • Fish Fry


  • Clerk
  • Checks Detail
  • Deposit Detail
  • Bills that need approval
  • Treasurer Contract
  • Title Issues
    • Lien
  • Bean Festival
    • Resolution 2019-006 Road Closures
    • Lease
    • Liquor License
    • Insurance
  • Computer and Back up of data
  • Return Checks Policy Resolution 2019-007


  • Unfinished Business
    • Planning Commission Members
    • Sewer
      • Storm Sewer
      • Sewer Alarms
    • Solar Speed Sign
    • Donations update
    • Air Advantage
    • Sidewalks


  • New Business
    • Newsletter
    • Hall Rental Return of Deposit
    • Radio Licensing
    • Sewer Bill Dispute
    • Delinquent bills to Equalization
    • Caro Center Resolution 2019-008


  • Correspondence
    • May 7, 2019 Election
  • Audience Recognition


  • Adjournment





Fairgrove Village Council Regular Meeting

05/06/2019 @ 6:30 pm


In Attendance: Childs/ McIntosh/ Phelps/ Nelson

Absent: Stevens


  • Welcome remarks led by Childs
  • Pledge of Allegiance Led by Childs
  • Motion by Phelps with changes to Approve the Agenda 05/09/2019 2nd by Nelson Motion carried 4/0
  • Motion by Nelson to Approve Meeting Minutes from 04/09/2019  2nd by McIntosh Motion carried 4/0
  • Audience Recognition:
    • Ms. Young thanked Ahrens for taking care of a dead animal located near her property
  • Department Committee Reports


  • Fire Run Report- Young
    • April there were 5 emergency calls 
      •  Report Provided
    • Last year 10 or 12 calls were electrical wire related due to storms
    • This Saturday is the Volunteer Fire Fighter’s Pancake Breakfast and Flower basket Sale
    • Chief’s Certificates from the Instructor Conference are now in his file
      • Sessions were exceptional
      • 35,000 were in attendance
      • 60 Countries represented
        • Looking at a Computerized reporting system around $1000 a year
        • A paper reduction product
  • Homeland Security Conference In Grand Rapid starts Tuesday
    • Paid for the Conference last year for the Early Bird of $350.00
    • Room with Parking for 2 nights will be $360.00 Motion by McIntosh to reimburse Young for the Early Bird payment/Room/ Parking total of $710.002nd by Phelps Motion carried 3/0/1 (Nelson Abstained)
  • Training Coming
    • School extraction in Caro and a Live Burn
    • CPR Class in Vassar $5.00 May 11
    • Bay City Safety Training Active Shooter June 3/4/5/6

6:45 Recreational Marijuana Questions and Answers from: Adam Flory of Smith Bovill PC


            Following statements were made by Mr. Flory: Statue states you cannot operate a vehicle or Boat while under the influence of Marijuana and must be 21 or older. Tenant: Landlord can stop you from smoking but not taking it in other forms. Gave information about the legal amount you can possess. The Village is “In” if they do not Opt “Out”. The November 2018 vote became a Statute December 6, 2018. LARA has until December 2019 to regulate, but may be available as early as June. You can opt “Out” than opt back “In”. Village can restrict the number of Facilities. Many other ordinances can be put into place. There is broad latitude of its regulations and the fee structure. Village can’t pass an ordinance prohibiting transportation through the Village.


            Audience Questions (* Indicated a question raised by an audience participant): *The Fee is around $5000.00 annual per license and there are State fees and a Municipality application. Current ordinances that are in place were discussed. Does insurance cover us if we get sued? Flory: could not speak to our insurance policy… but most do with limits. Most litigation has been through medical vs recreational. It has to do with issuing licenses by using a merit system. – *It has been talked about Federal Funding being cut off because Municipalities Opt “In” since it is still federally illegal? Flory: Could not answer this question at this time. * Marijuana important part of the impact to communities, list of major hubs that Opted “In” and the money to could bring to a community, listing of jobs that it could provide i.e. quality control/ testing/ growing. This is not top down effect the decision could be a big opportunity.  Flory: Yes there are several types of licenses that can be offered. * Concern over the odor it causes. Flory: The law is silent on this matter. * How many jobs do you suppose a 30 acre grows would provide? Flory: Could not speculate. However a well-designed Business plan could help the Village decide the ordinance or the Opting “In” or “Out”. *An audience member made comment that Marijuana is not a mechanized process like harvesting grain, still a manual product.  Council Nelson asked what the Township of Fairgrove did. Childs “they opted Out”. * This could increase revenue at local establishments. Council Nelson Would we need to place ordinance in place around out bus stops?  Flory: Yes the Regulations are currently only limit to schools and would have to pass on a local level. * 12 plants cannot be seen from the street is that correct? Flory: Yes. * Looking at medical Marijuana ordinances?  Childs stated this would have to be researched. Flory: If no Ordinance, Village opted “Out”.  Police Chief Simerson: Several occurrences for stops for violations, agrees yes it could provide jobs, but with every opportunity comes consequences. Commercialization of it is looking for trouble. * If you opt “Out” can there still be grower in the Village for Caregivers? Flory: Under the medical statue, can grow with the limits already in place. * If opting “In” would we have to increase the Police patrolling? Simerson: Yes because of the increased traffic it could bring to the Village. *Other re-addressed issues gone over and Childs closed Audience session at 7:49 pm.


  • Ordinance #67
  • McIntosh made the motion for the Village of Fairgrove to “Opt Out of Recreational Marijuana” Childs 2nd / Roll call vote: Yes Nelson, McIntosh, Childs No: Phelps Absent: Stevens Adopted  Ordinance #67 “Opt Out of Recreational Marijuana”


(Back to Agenda and no objection to go out of Agenda order due to time constraints)


  • Fire Run Report- Young cont.
    • 2019-007
      • Brian Michalski (also present Perstephani) Disputing Fire Run bill from 04/11/2019 in the amount of $875.00.
        • Why Does he pay taxes
        • Fire Wood Pile that caught on fire
        • Not an attended fire
        • Did not call the Fire Department
        • Not happy with the length of time Fire department charged
        • Uneducated Clerk could not answer question home owner had
      • Childs
        • Michalski pays taxes to Township not village of Fairgrove
        • Clerk is new to the position and had other thing to address before moving on to fire run billing
      • Other heated comments and utterances from home owners
      • Motion made by Phelps for Fire Run Bill #2019-007 to make payment for the next 12 months and if paid in full The Council will waive the 12% annual interest charge 2nd by Nelson Motion carried 4/0 (Home owners stormed out and were overheard stating they would not be paying this bill)
    • Non-Emergency Medical
      • New Clinics list updated from 2015 Motion by Nelson to approve the new list 2nd by Phelps motion carried 4/0


  • Police- Simerson
    • Report provided
    • Lot more of patrolling happen East of Center Street
    • Animal Issue urge Villagers to contact Central Dispatch non –emergency number
    • Medical drop box located in Akron Hall for disposal of unused medication
    • Blight time of year again and will follow same process as last year
    • Removed the Fairgrove Police items that can be used by Police Akron Contracted Department
  • Blight
    • 5085 Center Street Motion by Phelps to advertise for bids to demolish the garage and house separately 2nd by McIntosh motion carried 4/0


  • DPW-Ahrens
    • Storm Sewer have been started being cleaned out and repaired
    • Sidewalks are marked for repairs/ grinding / raised
    • No flags yet but being worked on
    • Ongoing issue with grass truck the cheapest bid was from 4 years ago for repairs was $3500 Council agrees that this needs to be done by fall.
    • Motion Nelson made the motion to Take sealed bid for the selling to sell two Fire Department Vehicles/ Set of Tires/ Smaller unused items 2nd by McIntosh motion carried 4/0
    • DPW plan for the Department
      • Full time/ Disband/ Part time
      • McIntosh to start taking in the Equipment in for service
      • Motion by Phelps to post a part time DPW position 2nd by McIntosh motion carried 4/0
  • Fire Fighter 501(c)3 –Ahrens
    • Fish Fry had WONDERFUL support
      • Almost 400 people per fry
      • 3 bids for the floor in the fire hall to be re-surfaced
      • Quote for Insurance for the next meeting

(Agenda Change)

  • Electronic sign
    • John McQuillan Fairgrove Treasurer
      • Replace Lions Club sign with the Digital one on our property
      • Sign will only say FARIGROVE
      • Quote of $32 to $35K
      • 3x7 feet
      • Moving forward depend on the Village allowing them to place sign on our corner motion by McIntosh to allow Township to place Digital sign on the Village Corner 2nd by Phelps motion carried 4/0
      • Brought to our attention that the vacant lot across the street maybe available because of tax sale
  • Christmas Tree
    • Ron Thomas presented a check to the Village for the Tree that he raised in the amount of $992.00 an additional $110.00 was already collected
    • Childs would like to see this tree also be landscaped
  • Park
    • Cathy Child Turned in the Park Books due to Health issues
    • VFW Memorial flower pot Childs would still like to do


  • Clerk-Smith
  • Checks Detail for April 2019
  • Deposit Detail For April 2019
  • Checks that need approval:
    • Monchilov Sewer Service LLC $14,815 Motion by  Nelson  made a motion to approve the Bills presented with 50% By the sewer Savings and 50% by the Major Road Savings 2nd by Phelps Roll Motion carried 4/0
    • Tuscola County Treasure Delinquent Sewer bills from 2018 that were turned over for delinquent taxes Motion by Nelson to pay the Delinquent bills totaling $895.92
  • Treasurer signed a contract that spells out what is being asked of her in her position
  • All title liens have been resolved
  • Bean Festival       
    • Resolution 2019-006 Road Closures with the state Motion by Nelson which will put President Childs and Clerk Smith on the MDOT New Contact list to allow the closure of road for the Village of Fairgrove 2nd by Phelps Roll call vote: Yes: Nelson/ Phelps/ McIntosh/ Childs No; None Absent: Stevens Motion carried 4/0
    • There is no new signed lease from the Village and the Bean Festival Committee Childs will attend the next Committee meeting to get this addressed
    • Liquor License is obtained by Bean Festival Committee and put on record with the Village
    • Also need a new Insurance Policy from the Bean Festival before August’s event
  • The Clerk’s Computer recently has been having serious electronic issues that required attention Motion by Nelson to allow the Clerk to purchase a new computer and enter into a contract with R&R for IT support and off site encryption service 2nd by McIntosh motion carried 4/0
  • Returned Check Resolution 2019-007 Motion by Nelson to pass Resolution 2019-007 to put the Returned check Policies and Procedures in place for the Village of Fairgrove 2nd by McIntosh roll call vote:  Yes: McIntosh/ Phelps? Nelson/ Childs No: none Absent: Stevens Motion carried 4/0

Unfinished Business:


  • Planning Commission Members- Childs
    • Fern Young  wrote a letter of intent to continue to be on the Planning Commission Recommendation from Childs to continue to have Fern on the Planning Commission Motion by Nelson to make Fern Young be on the Planning Commission 2nd by McIntosh Motion carried 4/0


  • ZBA
  • Zoning Board of Appeals is still in need of 1 more people
  • Lynn Cramer has requested to be on the Zoning Board of Appeals Recommendation from Child to put Cramer on the Zoning Board of appeals Motion by McIntosh to Put Cramer on the Zoning Board of Appeal 2nd by Nelson Motion carried 4/0
  • Sewer
    • Storm Sewer
      • McLuney St, Motion by McIntosh to allow Childs to contact Townley Engineering to re-bid the McLuney St. project 2nd by Nelson Motion carried 4/0
    • Sewer Station alarms
      • Motion by Phelps to allow the Purchase of 4 units that would send a notice through Bluetooth to a cell phone if a sewer alarm is going off Estimate is G & G Electric 2nd by McIntosh roll call vote: Yes: Nelson/ Phelps/ McIntosh/ Childs No: None Absent: Stevens Motion carried 4/0
  • Solar Speed sign is here and ready to be installed just needs a post
  • Air Advantage has provided the following estimate:
    • Old phone contract including grasshopper $195.00
    • New with Air Advantage $135.00
    • Up front cost for equipment and installation approx.:$527.80 pay back would be 7 months Motion by Phelps to enter under contract with Air Advantage 2nd by Nelson motion carried 4/0
  • Sidewalks Bids for town wide repairs
    • Two Contractors did walk through
    • One Bid By Dale Rieck Masonry $63,500 Motion by McIntosh to accept the proposal from Dale Rieck Masonry to Start the Fairgrove 2019 Sidewalk project 2nd by Phelps Roll call vote: yes: Nelson/ Phelps/ McIntosh/ Childs No: None Absent: Stevens Motion carried 4/0
    • Bid for root grinding Bennett $4,000 Motion from Nelson to have Bennet start the Root grinding process for Fairgrove 2019 Sidewalk project 2nd by Phelps Roll call vote: Yes: Nelson/ Phelps/ McIntosh/ Childs No; None Absent: Stevens Motion carried 4/0
    • Resolution 2019-009 Motion by Nelson to cash in CD ending in 9941 for current amount of $78,810.85 for 2019 Sidewalk project 2nd by McIntosh Roll call vote: Yes: Nelson/ Phelps/ McIntosh/ Childs No: None Absent: Stevens Motion carried 4/0


  • New Business
    • Newsletter for the Village to be sent with Sewer bills next quarter
      • Great idea Nelson
    • Hall Rental Return of Deposit for recent rental Motion by Nelson to allow the Clerk to return deposits to Renter without Board approval 2nd by McIntosh Motion carried 4/0
    • Radio License
      • The Fairgrove Police Department recently held the call sign WQLT and the License need renewal Board will let the License expire
    • Liberty Street Home owner disputed a late charge for a Sewer cash payment. Receipt discovered Clerk asking to waive $5.60 late fee applied to account Motion by McIntosh to waive the late fee for Liberty Street Home Owner  2nd by Nelson Motion carried 4/0
    • Approval for Clerk to Submit 2018-2019 Delinquent Sewer payment and Blight charges to the Tuscola County Equalization Department for Tax Collection Motion by Nelson to submit the delinquencies to  Tuscola County Equalization Department 2nd by McIntosh Motion carried 4/0
    • Caro Center Resolution 2019-008
      • This Resolution show the Village of Fairgrove’s Support for the State to uphold its promise to build the State Hospital in Tuscola County Motion by Nelson to sign this resolution 2nd by McIntosh Roll call: Yes: Nelson/ Phelps/ McIntosh/ Childs No: none Absent: Stevens Motion carried 4/0


  • Corespondence
    • May 7th School Bond Election


  • Audience Recognition:
    • None
  • Adjournment by Childs at 9:47 pm


Submitted by

Clerk Cristi Smith

05/13/2019 @ 10:00 am









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