NOVEMBER 21, 2017 NEW BUFFALO CITY COUNCIL MEETING 6:30 P.M.

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1 The regular meeting for November 21, 2017 of the New Buffalo City Council was called to order by Mayor Lou O Donnell at 6:30pm in the City Hall Council Chambers at New Buffalo City Hall, 224 W. Buffalo St., New Buffalo, MI The Pledge of Allegiance was led by the City Council. Roll Call Members Present: Mayor Lou O Donnell, Councilmembers, Elizabeth Ennis, Mark Kroll, Mark Robertson Members Absent: Councilmember Robert Spirito Staff present: Deputy Clerk Mary Lynn, Street Superintendent Tony Ashbaugh, City Treasurer, Kate Vyskocil, Park Supervisor, Kristen D Amico, City Assessor, Chuck Sittig, City Building Inspector, Ed Carpenter, City Electrical Inspector, Charles Bassinger. Mayor O Donnell asked for a moment of silence to remember our last City Manager, Robert Anderson who had recently passed away. Approval of Agenda Motion by Councilmember Kroll, seconded by Councilmember Robertson to approve the agenda Voice vote Motion by Mayor O Donnell, seconded by Councilmember Ennis to excuse Councilmember Spirito for his absence due to health reasons, voice vote Approval of Consent Agenda Consent Agenda Resolution to: Motion by Councilmember Ennis, seconded by Councilmember Robertson to approve the consent agenda as presented: a. Approve City Council Minutes: October 17, 2017 and November 1, 2017 b. Receive monthly reports: Police, Water, Fire, Streets, Parks, Treasurer c. Pay bills for the month d. Receive monthly minutes: Library Board, GRSD, DDA, Harbor Commission, Planning Commission, ZBA e. Special Event Application f. Christmas Tree Sales g. New Buffalo Business Association 2018 Events Roll Call: Yeas: Mayor O Donnell, Councilmembers Ennis, Kroll, Robertson Nays: None Absent: Councilmember Spirito Page 1 of 7

2 Motion carried 4-0. Public Comment & Presentations/Recognition Presentation: Marquette Greenway Presentation by Marcie Hamilton, Senior Planner. They are asking the City of New Buffalo as well as New Buffalo Township and Village of Grand Beach for the amount of $2, by each municipality to have a survey completed by Abonmarche. Public Comment: Deb Schmidt Nora Howe David Benac Karen Doughty Susan Gotfried Unfinished Business Assessing services contract award Motion by Councilmember Robertson, seconded by Mayor O Donnell to approve the Assessing services contract award for 5 years with Sittig Assessment Service, LLC as presented, voice vote Inspection services contracts award After City Manager Richards discussed the prospective contracts with the 3 inspectors. Councilmember Ennis requested that City Manager look into raising the inspection fees. Motion by Councilmember Kroll, seconded by Councilmember Ennis, to approve the inspection services contract award with all 3 inspectors as noted for 5-year agreements, voice vote unanimous 4-0, motion carried. New Business Pokagon/Whittaker Street grant revision City Manager Richards read from his report that the Pokagon Fund has requested specific revisions to the current grant agreement for Whittaker Street Improvements and needs to be determined by January 31, 2018 with the DDA s facilitation. Motion by Mayor O Donnell, seconded by Councilmember Kroll to allow City Manager Richards to sign off on the Pokagon/Whittaker Street Grant Revision, voice vote unanimous 4-0, motion carried. Re-define DDA Boundary Map City Manager Richards stated that the proposed DDA Re-defining Boundary Map (not rezoning) corrects legal issues and adds some logical properties. The City received two quotes, one from Wightman and one from Abonmarche and he is recommending that Council approve the quote from Abonmarche. An added note from Mayor O Donnell that this map is not a final Page 2 of 7

3 determination and he wanted to point out that the DDA does not control the DDA district. He has received many questions relating to that. Motion by Councilmember Robertson, seconded by Councilmember Kroll to approve the quote from Abonmarche to facilitate redefining the DDA Boundary, voice vote unanimous 4-0, motion carried. Payjay Pay Request #2 Whittaker Street Phase II City Manager Richards stated that Payjay has submitted the second pay request in the amount of $108, for Whittaker Street Phase II improvements covering costs through November 3, Motion by Councilmember Kroll, seconded by Councilmember Robertson to approve Payjay s Whittaker Street Project second pay request in the amount of $108,789.30, voice vote 2018 Meeting dates & Holiday closing Motion by Councilmember Ennis, seconded by Mayor O Donnell to approve the 2018 Meeting dates & holiday closings, Voice vote Year End holiday payment City Manager Richards stated that the City has historically made a one-time payment of $ to employees at the beginning of the holiday season. He would recommend continuation of the annual payment. Motion by Councilmember Kroll, seconded by Councilmember Ennis to continue the annual one-time year-end holiday payment, voice vote Request authorization to bid remaining sections of Dunewalk City Manager Richards stated that the Street Superintendent is proposing to complete renovations of the Dune Walk. Motion by Councilmember Robertson, seconded by Councilmember Ennis to approve advertising for bids to complete Dune Walk renovations, voice vote unanimous 4-0, motion carried. Request authorization to bid beach concession food services. City Manager Richards stated that the Redamak s agreement has ended October 31, In keeping with the practice of evaluating proposals for all contractual services a request for proposals is recommended for the Beach Concession Food Services. Mayor O Donnell requested that we add food trucks to the motion as well. Motion by Mayor O Donnell, seconded by Councilmember Kroll to request authorization to bid for Beach Concession Food Services and Food Trucks, voice vote unanimous 4-0, motion carried. Disposition of Remaining Surplus Equipment. City Manager Richards said in regard to the remaining surplus equipment it is intended that this approval will be the final council action and staff will be allowed to sell or dispose remaining equipment to the best interest of the City. Page 3 of 7

4 Motion by Councilmember Robertson, seconded by Mayor O Donnell to approve advertising for the remaining surplus equipment and possessions for sale or disposal, voice vote RFP for the enclosure of the Street Department Addition from 2016 City Manager Richards said that recently the roof of the Street garage was extended to create an equipment storage area. The Street Superintendent is proposing to create a room under that roof by completing construction of 3 walls. Motion by Councilmember Kroll, seconded by Councilmember Ennis to approve advertising for bids to enclose the DPW storage area, voice vote unanimous 4-0, motion carried MERS contribution increase Resolution City Manager Richards said this Resolution will increase the employer s contribution from 7% to 8% as per the 2016 MERS Recommendation. Motion by Councilmember Ennis, seconded by Councilmember Robertson to approve the Resolution increasing the Employer s MERS Contribution from 7% to 8%, voice vote Resolution A RESOLUTION REQUESTING AN INCREASE TO THE EMPLOYER CONTRIBUTION INTO MERS (Municipal Employees Retirement System of Michigan) WHEREAS, the City of New Buffalo has been a participating municipality in the Municipal Employees Retirement System of Michigan (MERS); and WHEREAS, in order to address the anticipated increase in unfunded liability for employee pensions and upon recommendation from the City s MERS representative, the City desires to increase their employer contribution from seven (7) % to eight (8) % effective immediately; and NOW THEREFORE BE IT RESOLVED, that the MERS contribution from the City of New Buffalo, as employer, be eight (8) % effective immediately. DATED: November 21, 2017 AYES: Council Members Robertson, Ennis, Kroll, Mayor O Donnell NAYS: None ABSTAIN: None ABSENT: Council Member Spirito RESOLUTION DECLARED 4-0 Sanitary sewer rate increase Resolution City Manager Richards stated that the SAW Asset Management Plan was recently completed by Wightman with a recommendation to raise sewer rates. A three (3) percent annual increase will allow for future expenses and eliminate any lapse in revenue. Page 4 of 7

5 Motion by Councilmember Kroll, seconded by Councilmember Ennis to approve Resolution increasing the sewer rate, ready to serve charges and tap fees as noted, voice vote Resolution A RESOLUTION TO ADOPT SEWER RATE ADJUSTMENTS WHEREAS, the City s sewer system is an enterprise fund, and pursuant to various regulatory, accounting and contractual requirements, the rates, fees and charges imposed for use of the system must generate revenue sufficient to meet the obligations of the system; and WHEREAS, pursuant to the City s Code of Ordinances, the rates, fees and charges are established from time-to-time by resolution of the City Council; and NOW, THEREFORE, BE IT RESOLVED the City desires to increase sewer rates effective November 22, Item Current Change +25% New Rate Cost/1,000 gallon $4.38 $1.10 $5.48 Ready to Serve $40.56 $10.14 $50.70 Tap Fees $1,550 $ $2, All Charges 3% annual increase BE IT FURTHER RESOLVED, that all other resolutions, parts of resolutions, policies and fees in conflict with this resolution are hereby repealed. YEAS: Council Members Robertson, Ennis, Kroll, Mayor O Donnell NAYS: None ABSTAIN: None ABSENT: Council Member Spirito Resolution Declared, 4-0 North Whittaker Street lighting recommendation Robert Kemper, Chair of DDA gave a brief history of the lighting choices and issues relating to lighting. DDA thinks the best choice is the Chateau by Sternberg and their recommendation to Council is to proceed with Chateau Lighting from Sternberg. Representatives from Sternberg brought samples and displayed them to Council. Motion by Councilmember Robertson, seconded by Councilmember Kroll to approve Chateau Lighting by Sternberg, voice vote Acceptance of Audit Mayor O Donnell read from the Treasurers Comments that was attached to the Council Packet - Over the past three years, the general fund has decreased by $426,820. This year the general Page 5 of 7

6 fund has a surplus of $143,266. It is the first increase in the general fund since fiscal year 2013/14. The Mayor along with City Manager and Council Members congratulated the Treasurer, Kate Vyskocil, on a job well done. Motion by Councilmember Ennis, seconded by Councilmember Robertson to accept the audit, voice vote unanimous 4-0, motion carried Marquette Greenway survey participation Motion by Councilmember Ennis, seconded by Councilmember Robertson to approve contribution to the Marquette Greenway survey in the amount of up to $2,800.00, voice vote unanimous 4-0, motion carried Miscellaneous Board Resignations Appointments & Re-Appointments Mayor O Donnell listed three members up for reappointment for the DDA: Ellie Mullens, Joe Lindsay and JV Peacock. All applications have been turned in. Motion by Mayor O Donnell, seconded by Councilmember Kroll to accept the reappointments of Ellie Mullens, Joe Lindsay and JV Peacock for the DDA for a term of 4 years, voice vote Vacant Positions Mayor O Donnell listed the vacancies on various boards and commissions. Construction Board of Appeals (2 for May 2018) Local Officers Compensation Commission (2 for May 2018) Parks Commission (May, 2019) Planning Commission (May, 2018) LRSB, Cemetery Board & Pokagon Fund Updates & Subsequent Council Action LRSB: Council Member Spirito, who was not present at the meeting, reported to Mayor O Donnell that at the last meeting they had decided that the $12,500,00 that Mr. Ezra Scott felt should be held back because of the police boat was released at the last meeting. Cemetery Board: No report Pokagon Fund: Councilmember Ennis Still working to come up with the best ideas for helping Harbor Country communities vitality? There was also a retreat that was profitable for thinking. GRSD Due to the resignation of City Engineer, Becka Shipp, the City needs to appoint a new representative. Motion by Mayor O Donnell, seconded by Councilmember Kroll to appoint City Manager David Richards as the City of New Buffalo representative with Councilmember Robertson as an alternate, voice vote Correspondence - none Page 6 of 7

7 Department Reports & City Manager s Report Council Comments Councilmember Robertson stated that Ms. Gotfried is still confused about what he stated and how she is interpreting it and that he did not say what she is claiming. He wanted to thank the City Hall staff and wish everyone a Happy Thanksgiving. Councilmember Ennis repeated Councilmember Robertson s comments. Councilmember Kroll said he is happy that we are moving forward with North Whittaker Street Project and also wanted to thank Acting Chief of Police, Jason Grimmett for his hard work. Mayor O Donnell explained that the Water Department will be testing monthly for chromium. Also, that we have had several applications for the Police Chief and we will be moving forward with that which will be done with a committee of City Manager Richards, City Clerk Vander Clay, Councilmember Kroll and Mayor O Donnell. They will be setting up interviews in the near future. In relation to Ms. Gotfried we were advised by attorneys from three different firms not to release the tapes as there was a question that they were illegally obtained. That is the only reason that they were not released. He also had mentioned it in several council meetings that once a judge decides for us to release them we will release them but not until that time. Adjourn Motion by Mayor O Donnell, seconded by Councilmember Robertson to adjourn the meeting at 8:07 pm. Voice vote Lou O Donnell IV, Mayor Mary Lynn, Deputy Clerk Page 7 of 7