JANUARY 22, 2019 NEW BUFFALO CITY COUNCIL MEETING 6:30 P.M.

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1 The regular meeting for January 22, 2019 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, Robert Spirito Staff present: City Manager David Richards, City Clerk Lori K. Vander Clay, Deputy Clerk Donna Schultz and Parks Director Kristen D Amico Approval of Agenda Motion by Mayor O Donnell, seconded by Councilmember Kroll to remove item 7G. AEP Site Plan, Easements and Franchise Renewal-Ordinance 235 First Reading under New Business and approval of the revised agenda. Voice vote unanimous 5-0. Motion carried. Approval of Consent Agenda Motion by Councilmember Robertson, seconded by Councilmember Kroll to approve the consent agenda with a correction to the December 17, 2018 minutes as noted. Voice vote 5-0, unanimous. Motion carried. Consent Agenda Resolution to: a. Approve City Council Minutes: December 17, 2018 with the following correction: motion by Mayor O Donnell, seconded by Councilmember Ennis to appoint Councilmember Spirito Robertson as the Cemetery Fund Representative and Councilmember Spirito Robertson as an alternate for a term ending November, b. Receive monthly reports: Police, Water, Fire, Streets, Parks, Treasurer c. Pay bills for the month d. Receive monthly minutes Page 1 of 11

2 Roll Call: Yeas: Mayor O Donnell, Councilmembers Ennis, Kroll, Robertson, Spirito Nays: None Absent: None Motion carried 5-0. Public Comment & Presentations/Recognition Nora Howe Debbie McNolty Unfinished Business New Business Legal Services Contract Award City Manager Richards explained that the Curcio Law Firm would be the City s primary attorney at $ per hour; Ordinance Prosecution by Straub, Seaman & Allen at $ per hour and additional services provided by Attorney Crystal Bultje at $ per hour, however everything will be facilitated through Mr. Curcio s firm. Motion by Councilmember Robertson, seconded by Councilmember Spirito to approve and authorize the City Manager to execute agreements with the Curcio Law Firm; Straub, Seaman & Allen and Attorney Crystal Bultje. Voice vote 5-0, unanimous. Motion carried. Elevated Tank Painting Contract Award and Inspection Services City Manager Richards stated explained the low bidder was L.C. United Painting, Sterling Heights, MI in the amount of $203,000.00, along with inspection services from Dixon Engineering, Lake Odessa, MI in the amount of $29, Councilmember Kroll, seconded by Councilmember Spirito to award the painting contract award to L.C. United Painting in the amount of $203, and inspection services to Dixon Engineering in the amount of $29, Voice vote 5-0, unanimous. Motion carried. Page 2 of 11

3 General Engineering Contract Extensions City Manager Richards stated the City would like to extend the engineering contracts with Abonmarche and Nies Engineering in the amount of $10, per firm with a not to exceed the budgeted amount of $20, Motion by Councilmember Robertson, seconded by Councilmember Spirito to approve the engineering contracts with Abonmarche and Nies Engineering for $10, per firm. Voice vote 5-0, unanimous. Motion carried. Life Guard Program and Budget 2019 Nora Howe reviewed the staffing options for lifeguards. Option 1 is $62, with full-time lifeguards and Option 2 is $55, with part-time lifeguards. Councilmember Robertson thanked the committee for all their hard work in putting this proposal together but he would like to see the cost of having lifeguards four (4) days a week. Nora Howe commented that it is very hard to get someone to commit and hired for only four (4) days a week. Councilmember Ennis stated the beach is great but also an attractive nuisance and the City must take care of it. Mayor O Donnell commented that everyone is in agreement with moving forward with lifeguards. Motion by Councilmember Ennis, seconded by Councilmember Robertson to have a lifeguard program for 2019 from Memorial Day to Labor Day. Voice vote 5-0, unanimous. Motion carried. Motion by Councilmember Robertson to table the lifeguard budget until a cost can be associated with having lifeguards four (4) days a week. There was no second to the motion, therefore the motion failed. Motion by Councilmember Ennis, seconded by Councilmember Kroll to table the lifeguard budget in order to have the opportunity for more details as well as a picture of the lower costs and a picture of the higher costs. As well as having a council meeting within two (2) weeks of today and having a conversation with the lifeguard committee. Voice vote 5-0, unanimous. Motion carried. Beach Concession Contract Award Concession Stand City Manager Richards stated that bids were received and Harvey Family Concession is looking to revamp the current building. Mr. Dustin Harvey explained his plan as being open seven (7) days a week; putting $75, in marketing and re-design of the building; renting out beach chairs, umbrellas and games and offering a variety of food for purchase. Motion by Councilmember Kroll, seconded by Councilmember Ennis to accept the Harvey Family Concession proposal for the beach concession stand. Voice vote 5-0, unanimous. Motion carried. Page 3 of 11

4 Beach Concession Contract Awards Food Trucks City Manager Richards reviewed the two (2) bids received, Kona Ice of the Dunes and Heroes Hospitality. Motion by Mayor O Donnell, seconded by Councilmember Kroll to approve the having Kona Ice of the Dunes and Heroes Hospitality as food truck vendors at the City beach. Voice vote 5-0, unanimous. Motion carried. Resolution PA 182 Annual Healthcare Cap City Manager Richards presented Resolution Resolution No RESOLUTION TO ADOPT THE ANNUAL EXEMPTION OPTION AS SET FORTH IN 2011 PUBLIC ACT 152, THE PUBLICLY FUNDED HEALTH INSURANCE CONTRIBUTION ACT WHEREAS, 2011 Public Act 152 (the Act ) was passed by the State legislature and signed by the Governor on September 24, 2011; WHEREAS, the Act contains three options for complying with the requirement of the Act; WHEREAS, the three options are as follows: 1) Section 3 Hard Caps Option limits a public employer s total annual health care costs for employees based on coverage levels, as defined in the Act; 2) Section 4 80/20 Option limits a public employer s share of total annual health care costs to not more than 80%. This option requires an annual majority vote of the governing body; 3) Section 8 Exemption Option a local unit of government, as defined in the Act, may exempt itself from the requirements of the Act by an annual 2/3 vote of the governing body; WHEREAS, the City Council has decided to adopt the annual Exemption option as its choice of compliance under the Act; Page 4 of 11

5 NOW, THEREFORE, BE IT RESOLVED the City Council of the City of New Buffalo elects to comply with the requirements of 2011 Public Act 152, the Publicly Funded Health Insurance Contribution Act, by adopting the annual Exemption option for the medical benefit plan coverage year January 1, 2019 through November 30, Motion by Councilmember Kroll, seconded by Councilmember Spirito to approve Resolution as presented. Voice vote 5-0, unanimous. Motion carried. Resolution Park & Recreation Plan Update City Manager Richards presented Resolution Resolution No A Resolution to Adopt the City of New Buffalo Community Park, Recreation, Open Space, and Greenway Plan Whereas, the City of New Buffalo has undertaken a planning process to determine the recreation and natural resource conservation needs and desires of its residents during a five year period covering the years 2019 through 2023, and Whereas, the City developed a Community Park, Recreation, Open Space, and Greenway Plan in accordance with the most recent guidelines developed by the Michigan Department of Natural Resources and made available to local communities, and Whereas, the planning process included public input opportunities through surveys and public meetings, and Whereas, the public was given a well-advertised opportunity and reasonable accommodations to review the draft plan for a period of 30 days, and Whereas, a public hearing was held on November 19, 2018 at City Hall to provide an opportunity for all residents of the planning area to express opinions and discuss the plan, and Page 5 of 11

6 Whereas, the Park and Recreation Board has recommended the plan to the City Council for adoption. Now, Therefore, be it resolved, the City Council adopts the City of New Buffalo Community Park, Recreation, Open Space, and Greenway Plan Motion by Councilmember Spirito, seconded by Councilmember Kroll to approve Resolution as presented. Voice vote 5-0, unanimous. Motion carried. Resolution MDOT Performance Agreement City Manager Richards presented Resolution and stated this resolution is required by MDOT to allow work to be done within their State Highway Right of Ways. Motion by Councilmember Ennis, seconded by Councilmember Robertson to approve Resolution as presented. Voice vote 5-0, unanimous. Motion carried. Resolution Adopting a Local Pavement Warranty Program City Manager Richards presented Resolution RESOLUTION ADOPTING A LOCAL PAVEMENT WARRANTY PROGRAM WHEREAS, the Michigan Legislature (MCL ) requires each city or village to adopt a Local Agency Pavement Warranty Program that was approved by the Michigan Department of Transportation in 2018; WHEREAS, the Michigan Local Agency Pavement Warranty Program was developed by the Local Agency Pavement Warranty Task Force for use by all 533 cities and villages in the format approved by the Michigan Department of Transportation in 2018; WHEREAS, the Michigan Department of Transportation has reviewed and approved the Michigan Local Agency Pavement Warranty Program consisting of Special Provisions (Boilerplate, Concrete, HMA, Location, Pass-Through Warranty Bond); a Warranty Bond Form and Contract Form; and Guidelines for Local Agency Pavement Warranty Programs; Page 6 of 11

7 NOW THEREFORE BE IT RESOLVED, the City of New Buffalo hereby adopts the Michigan Local Agency Pavement Warranty Program and accompanying documents in accordance to the requirements of MCL ; BE IT FURTHER RESOLVED, this resolution is made a part of the minutes of the City of New Buffalo meeting on January 22, Motion by Councilmember Spirito, seconded by Councilmember Kroll to approve Resolution as presented. Voice vote 5-0, unanimous. Motion carried. Resolution Implementing a Local Pavement Warranty Program City Manager Richards presented Resolution RESOLUTION IMPLEMENTING A LOCAL PAVEMENT WARRANTY PROGRAM WHEREAS, The Michigan Legislature created a requirement (MCL ) as part of the Transportation Funding Package of 2015 that requires each city and village to adopt a Local Agency Pavement Warranty Program that was approved by the Michigan Department of Transportation in 2018; WHEREAS, the City of New Buffalo adopted the Michigan Local Agency Pavement Warranty Program on January 22, 2019; WHEREAS, the City of New Buffalo agrees to consider a local pavement warranty on each project that includes $2 million or more in paving-related items and includes any state or federal funds; WHEREAS, the Local Agency Pavement Warranty Program law requires each city and village to report annually on each project that includes $2 million or more in paving-related items and includes any state or federal funds, whether or not a warranty was utilized in the project; WHEREAS, the City of New Buffalo agrees to implement the Michigan Local Agency Pavement Warranty Program consistent with the Guidelines for Local Agency Pavement Warranty Program Page 7 of 11

8 document that was approved by the Michigan Department of Transportation in 2018; and which the City of New Buffalo s adopted Implementation Policy defines the City of New Buffalo s intent of its pavement warranty program; NOW THEREFORE BE IT RESOLVED, the City of New Buffalo hereby agrees to implement the Local Agency Pavement Warranty Program and annually report in accordance with the law. BE IT FURTHER RESOLVED, this resolution is made a part of the minutes of the City of New Buffalo meeting on January 22, Motion by Councilmember Kroll, seconded by Councilmember Spirito to approve Resolution as presented. Voice vote 5-0, unanimous. Motion carried. Letter of Support to U.S. Army Corp of Engineers Mayor O Donnell stated that the Shoreline Alliance had a visit from Major General Mark Toy, Commander General, Great Lakes & Ohio River Division, U.S. Army Corps of Engineers to show him the beach erosion. He will be preparing a letter in support of beach nourishment to General Toy from him as the Mayor and the City of New Buffalo. Motion by Councilmember Ennis, seconded by Councilmember Robertson to send a letter of support to General Toy. Voice vote 5-0, unanimous. Motion carried. Symphony Grant 2019 City Manager Richards explained the City will be applying for a grant from the Pokagon Fund to secure funding for the LaPorte Symphony to perform at the City s July 3rd Celebration. Mayor O Donnell also stated New Buffalo Township will be applying for a grant as well. He commented that a committee needs to be formed that will find a solution to fund fireworks since we can t request or use any of our funds thru The Pokagon Fund. Motion by Councilmember Kroll, seconded by Councilmember Ennis to approve the grant submittal to The Pokagon Fund. Voice vote 5-0, unanimous. Motion carried. Page 8 of 11

9 Rieth Riley Final Payment Request - Streets City Manager Richards presented the final pay request for the street resurfacing project from Rieth Riley in the amount of $39, Motion by Councilmember Kroll, seconded by Councilmember Robertson to approve the final payment to Rieth Riley in the amount of $39, Voice vote 5-0, unanimous. Motion carried. Northern Construction Final Payment Request Clay Street City Manager Richards presented the final pay request for Clay Street reconstruction from Northern Construction in the amount of $15, Motion by Councilmember Robertson, seconded by Councilmember Kroll to approve the final payment to Northern Construction in the amount of $15, Voice vote 5-0, unanimous. Motion carried. Miscellaneous Board Resignations Appointments & Re-appointments Motion by Mayor O Donnell, seconded by Councilmember Ennis to appoint Jodi Sullivan to the Downtown Development Authority for a term ending May, Voice vote 5-0, unanimous. Motion carried. Motion by Mayor O Donnell, seconded by Councilmember Spirito to re-appoint Juli Westergren; Vanessa Thun and Jack Kennedy to the Board of Review. Voice vote 5-0, unanimous. Motion carried. Vacant Positions Mayor O Donnell listed the vacancies on various boards and commissions. Parks & Recreation Board (May, 2019) Zoning Board of Appeals (May, 2019) Harbor Commission (May, 2019) Page 9 of 11

10 LRSB, Cemetery Board & Pokagon Fund Updates & Subsequent Council Action LRSB Cemetery Board: Councilmember Robertson commented a workshop will be taking place in a few weeks. Pokagon Fund: Councilmember Ennis talked about the vision fund being started again with the fund partnering with Smoke Vision Care to offer free glasses to qualified applicants. She talked about an upcoming literacy workshop at the New Buffalo Area Library for New Buffalo and River Valley School teachers to help students obtain higher literacy scores. As a result of the Community Workshops, a group to improve broadband within Harbor Country has been formed and a group to create a Community Center has also been formed. Correspondence Department Reports & City Manager s Report Council Comments Mayor O Donnell talked about the opening of Merchant Street by St. Mary s Church; the hotel/motel bed tax is still in legislation at the State level and any collected taxes would go to the County and not the City and that the Michigan Municipal League and the Michigan Association of Mayors are in support of this proposed bill; Whittaker Street Bridge repairs are needed in the amount of $650, and the widening of the existing sidewalk is not possible, but discussion about a possible pedestrian bridge has started; the Planning Commission will start working on a short-term rental ordinance; he is working on new laptops for City Council and finally he asked Council to please review the budget schedule for upcoming meeting availability. Councilmember Robertson thanked Nora Howe, the City Manager, Department Heads and staff for their hard work on the lifeguard staffing. Councilmember Kroll also thanked Nora Howe for all her hard work on lifeguard staffing. Councilmember Spirito thanked the Streets Department for the great job they did last weekend with snow removal. Page 10 of 11

11 Mayor O Donnell, seconded by Councilmember Ennis, to adjourn the meeting at 7:55pm. Voice vote unanimous 5-0, motion carried. Lou O Donnell IV, Mayor Lori K. Vander Clay, City Clerk Page 11 of 11