VILLAGE COUNCIL PROCEEDINGS
July 2, 2012
The Lincoln Village Council met on Monday July 2 at 7 P.M. at the Village Hall. The meeting was called to order with the Pledge of Allegiance. Those present included: President Jordan, Treasurer Kossa, Clerk Somers, Deputy Clerk/Treasurer Stutzman and Council members Healy, Lask, Somers and Stutzman. Absent were Council Members Bonny Gauthier and Phil Naylor. Also present were Attorney Cook and several guests.
Minutes of the June meeting were approved on a motion from Healy with support from Stutzman. The Treasurer’s report was approved subject to audit on a motion from Lask with support from Stutzman.
Jay Jacobs, representative of Consumer’s Energy addressed the board regarding an agreement/ordinance for 30 years. Jay stated that it is a very generic resolution that is offered up for municipalities to adopt. The current agreement is up for renewal soon. A motion was made by Stutzman with support from Lask to pass the Consumers Energy Electric Franchise Agreement; Roll call vote was taken: Healy, Lask, Somers, and Stutzman. All ayes, absent was Gauthier and Naylor. Ordinance Passed 4 ayes 0 nays 2 absent. Following is the Ordinance:
ORDINANCE NO. 2012-03
CONSUMERS ENERGY COMPANY ELECTRIC FRANCHISE ORDINANCE
AN ORDINANCE, granting to CONSUMERS ENERGY COMPANY, it successors and assigns, the right, power and authority to construct, maintain and commercially use electric lines consisting of towers, masts, poles, crossarms, guys, braces, feeders, transmission and distribution wires, transformers and other electrical appliances on, under, along and across the highways, streets, alleys, bridges, waterways, and other public places, and to do a local electric business in the VILLAGE OF LINCOLN, ALCONA COUNTY, MICHIGAN, for a period of thirty years.
THE VILLAGE OF LINCOLN ORDAINS:
SECTION 1. GRANT, TERM. The VILLAGE OF LINCOLN, ALCONA COUNTY, MICHIGAN, hereby grants the right, power and authority to the Consumers Energy Company, a Michigan corporation, its successors, and assigns, hereinafter called the “Grantee” to construct, maintain and commercially use electric lines consisting of towers, masts, poles, crossarms, guys, braces, feeders, transmission and distribution wires, transformers and other electrical appliances for the purpose of transmitting, transforming and distributing electricity on, under, along and across the highways, streets, alleys, bridges, waterways, and other public places, and to do a local electric business in the VILLAGE OF LINCOLN, ALCONA COUNTY , MICHIGAN , for a period of thirty years.
SECTION 2. CONSIDERATION. In consideration of the rights, power and authority hereby granted, said Grantee shall faithfully perform all things required by the terms thereof.
SECTION 3. CONDITIONS. No highway, street, alley, bridge, waterway or other public place used by said Grantee shall be obstructed longer than necessary during the work of construction or repair, and shall be restored to the same order and condition as when said work was commenced. All of Grantee’s structures and equipment shall be so placed on either side of the highways as not to unnecessarily interfere with the use thereof for highway purposes. All of Grantee’s wires carrying electricity shall be securely fastened so as not to endanger or injure persons or property in said highways. The Grantee shall have the right to trim trees if necessary in conducting of such business, subject, however, to the supervision of the highway authorities.
SECTION 4. HOLD HARMLESS. Said Grantee shall at all times keep and save the Village free and harmless from all loss, costs and expense to which it may be subject by reason of the negligent construction and maintenance of the structures and equipment hereby authorized. In case any action is commenced against the Village on account of the permission herein given, said Grantee shall, upon notice, defend the Village and save it free and harmless from all loss, cost and damage arising out of such negligent construction and maintenance.
SECTION 5. EXTENSIONS. Said Grantee shall construct and extend its electric distribution system within said Village, and shall furnish electric service to applicants residing therein in accordance with applicable laws, rules and regulations.
SECTION 6. FRANCHISE NOT EXCLUSIVE. The rights, power and authority herein granted, are not exclusive.
SECTION 7. RATES. Said Grantee shall be entitled to charge the inhabitants of said Village for electric furnished therein, the rates as approved by the Michigan Public Service Commission, to which Commission or its successors authority and jurisdiction to fix and regulate electric rates and rules regulating such service in said Village, are hereby granted for the term of this franchise. Such rates and rules shall be subject to review and change at any time upon petition therefor being made by either said Village, acting by its Village Council, or by said Grantee.
SECTION 8. REVOCATION. The franchise granted by this ordinance is subject to revocation upon sixty (60) days written notice by the party desiring such revocation.
SECTION 9. MICHIGAN PUBLIC SERVICE COMMISSION, JURISDICTION. Said Grantee shall, as to all other conditions and elements of service not herein fixed, be, and remain subject to the reasonable rules and regulations of the Michigan Public Service Commission or its successors, applicable to electric service in said Village.
SECTION 10. REPEALER. This ordinance when accepted and published as herein provided, shall repeal and supersede the provisions of an electric ordinance adopted by the Village on August 2, 1982 entitled;
AN ORDINANCE, granting to CONSUMERS POWER COMPANY, its successors
and assigns, the right, power and authority to construct, maintain and
commercially use electric lines consisting of towers, masts, poles, cross-
arms, guys, braces, feeders, transmission and distribution wires,
transformers and other electrical appliances on, under, along and across
from the highways, streets, alleys, bridges and other public places, and
to do a local electric business in the VILLAGE OF LINCOLN, ALCONA
COUNTY, MICHIGAN, for a period of thirty years.
And amendments, if any, to such ordinance whereby an electric franchise was granted to Consumers Energy Company.
SECTION 11. EFFECTIVE DATE. This ordinance shall take effect upon the day after the date of publication thereof; provided, however, it shall cease and be of no effect after thirty days from its adoption unless within said period the Grantee shall accept the same in writing filed with the Village Clerk. Upon acceptance and publication hereof, this ordinance shall constitute a contract between said Village and said Grantee.
We certify that the foregoing Franchise Ordinance was duly enacted by the Village Council of the VILLAGE OF LINCOLN, ALCONA COUNTY, MICHIGAN, on the 2nd day of July 2012.
Phillip S. Jordan, Village President Attest: Linda K. Somers, Village Clerk
Assistant Fire Chief Scott DuBay stated that the old brush rig was turned back over to the DNR and a little more work needs to be done on the new rig. He stated that there is paperwork that needs to be finished. A new code will be set on the door to the fire department following some issues recently. Jordan stated that we need to consider installing a water spigot outside the fire hall. Somers asked about having water put on the new ball field every other day. DuBay will work with them to try to resolve the problem.
In public comment Eric Bates asked a vacant lot that is on Second Street where the old hardware building was located. Jordan advised that the DDA holds title to the property and the Village officials will work with the DDA and any person who is interested in it. Eric also asked about the status of the dock for Brownlee Lake swimming area. Jordan said he hopes to have it put in very soon. He is also concerned about standing water behind his business. He said that although he has had some water behind his store in the past, he now has considerably more water to deal with. He asked about having the project engineer for the streetscape project look at possibly addressing the issue. Jordan will talk with the engineers and get back with Eric. New business owner Connie Coburn introduced herself to the Council members. She opened Connie’s Paw Spa on Second Street and is opened for business. She was warmly welcomed by everyone.
Planning Chairperson Connie Stutzman stated that the next meeting is set for August 16th at 6 p.m. at the Village Hall. The village is working with Gustin Township to update all the ordinances.
Street Administrator/Sewer Commissioner Dick Somers stated that things are going well on both fronts.
In old business, Stutzman has been checking things over at the playground and is watering trees and flowers. Jordan stated that things need to be looked at closely and any broken items need to be fixed as soon as possible. Sara Healy is working with Teresa Hart to try to set a group in motion that will work to maintain the Flights of Imagination playground. She will be putting together a list of paint colors, mulch requirements etc. Jordan stated that the Lincoln Lions will be happy to help in any cleanup effort. Sara was urged to also look into selling slats again to help finance. Anyone interested in helping in the venture may contact Sara Healy at 989-736-. Somers stated that he has been keeping busy repairing equipment. Jordan said the DDA is looking at possibly purchasing a skidster to remove snow on the sidewalks. In that case the old John Deere tractor would be sold.
In new business Stutzman stated that a chain had been cut and a picnic table was moved at the playground. Somers will work with him to put the table back and fix the chain. Stutzman asked about installing some decorative blocks around the quilt square sign at the play area. Jordan will work with him to see what needs to be done.
Thank you notes were read from Huron Shores Chamber of Commerce for the donation towards fireworks for the July 7th celebration. The other note was read from the Cook family for the fruit basket following Lexi Cook’s accident.
President Jordan gave his report. He said we have been contacted again regarding application for a façade grant. The grant totals $567,720 of which business owners would be responsible for $289,935, grant funds would be $289,935 and the DDA would contribute $20,000. Cost to the village would be zero. The businesses affected would be The Cozy Cabin, the Old Bank building, Coles Appliance and Sleep Shop and Alcona Motors. Jordan stated that he believes this could be attained if we act on it immediately. He asked if the council would support the venture. All agreed we should move forward. Jordan thanked Dave James and Don Read for putting all the banners arms and banners up along the streetscape area. He thanked Lincoln Lions members for their help in turning what he deems a lump of coal into a diamond. Members worked for approximately 5 hours and got things leveled off, grass seed planted etc. Thanks to all the great people who donate their time and efforts to help things get taken care of in the village. President Jordan said that the work on Second Street is nearly finished, new asphalt has been laid and striping will then need to be done. Somers will get a quote and work with Jordan. Jerry and Mary Linton donated a flag pole in memory of their father who passed away recently. Jordan stated that today the flagpole arrived and it is beautiful. He stated that the beautification committee will help make a decision as to where it should be placed. He will report back to the council at next month’s meeting. A letter was received from District Health Department #2 informing us of their intention to test water there for the next several weeks. Brownlee Lake Association will be holding their annual Boat Parade on August 4th at 8 P.M. Everyone is invited and encouraged to attend. A schedule was received from Nathan Walker for the new baseball team that has been playing here. A motion was made by Stutzman with support from Lask to authorize President Jordan to sign for work performed by Enterprises for the façade grant. An audit will begin soon with Johnson & Schulze CPA’s. Jordan stated that he will get a price for flag brackets along Second Street.
Motion was made by Lask with support from Somers to pay the bills as presented. Carried. A motion to adjourn was made by Lask with support from Healy. Motion carried.
Linda K. Somers