Month: November 2020

Note: links to the video recording and the council packet can be found at the bottom of this post. Please note any errors or omissions in the comments.

Meeting:

Clerk Jennifer Speagle outlined the order of events due to the need to swear in the council members and the Mayor Pro Tem. (Video time mark 0:00:09)

Introduction by City Manager Smith. Referred to Public Act 228 allowing virtual meetings under the Open Meetings Act from March 18, 2020 through December 31, 2020. Smith read through the general rules for participating in an open meeting, noting a new rule requiring council members to state where they are calling in from during the initial roll call (city, county, and state). (Video time mark 0:00:32)

Agenda item #1, Call to Order (Video time mark 0:00:00):

Meeting called to order by Sue Wylie.

Agenda item #2, Pledge of Allegiance (Video time mark 0:02:22):

Pledge of Allegiance said.

Agenda item #3, Swearing In Of Council Members (Video time mark 0:02:50):

• • Canvass of Votes Cast at the 11/3/2020 General Election, page 4/74 of the council packet
  • Certificate of Determination, page 10/74 of the council packet
  • Certificates of Election, page 11/74 of the council packet

Speagle administered the oath to city council members.

Agenda item #4, Roll Call (Video time mark 0:04:05):

Present – Al Avery, Ed Bonser, Gary Casey, Jason Kniesc, Joe Luginski, and Sue Wylie, all located in Clarkston, Oakland County, Michigan. Eric Haven absent.

Agenda item #5, Motion: To Elect Mayor Pro Tem (Video time mark 0:04:57):

Motion to appoint Wylie as Mayor Pro Tem passed unanimously.

Speagle administered the oath to Wylie.

Agenda item #6, Motion: Approval of Agenda (Video time mark 0:07:03):

The most recent agenda came out at 5:00 and Casey didn’t receive it. There were three changes – the election certification was added, along with items 12e (resolution for Main Street sign poles) and 12f (revised resolution regarding the Social District).

Agenda approved unanimously.

Agenda Item #7, Public Comments (Video time mark 0:09:11):

Comments by Chet Pardee:

• • Requested a change to the wording in the 10/26/2020 minutes regarding dissipation of the plume of contamination after talking to Curt Catallo.
  • Concerned about the impact of the Oakland County Road Commission’s (OCRC) intended improvements to Clarkston Road approaching North Main and the impact on stormwater drainage and potentially disturbing the contamination plume. Per the OCRC, construction isn’t scheduled until 2022; more information will be available in Spring 2021.
  • Wondered about expenditures:
    • What is the status of the DNR grant request, and is a budget amendment required before submittal?
    • Is there an updated cost on the east alley repairs? (The last cost estimate was $19,000 for the east Washington portion.) Does the city risk any liability for damages, and will a budget amendment be required?
    • Has it been confirmed that the city’s insurance will pay for the Bisio lawsuit damages?
    • How will the city’s $98,000 payment to Independence Township for interceptor repair costs be reflected in the city’s financial reports if the budget is not amended?
  • Wondered why the pre-election flyer said that the city denied the FOIA request when the city attorney withheld the information without consulting with city officials?

Wylie asked if anyone wanted to address Pardee’s comments.

Smith said he would respond to the financial issues. The Treasurer could not be on the call tonight.

• • The east alley is likely a project for next year because the advance work has not been done and costs still need to be investigated. $19,000 is a rough number; firm numbers will come back to council. If the work was done this year, it would require a budget amendment, but it’s not likely that it will happen this year.
  • Smith does not believe that the city will have liability for damages for the east alley. One business owner has mitigated by waterproofing the basement. This needs to be addressed because the east alley storm drain needs to be rebuilt and will use a combination of private and city funds.
  • DNR grant request – the grant request will come back to the council next meeting. Smith disagreed that the city is required to make an expenditure first that would need a budget amendment. There are alternate plans being proposed that would be 100% funded separately through charitable donations. Nothing will come out of the city’s budget, not even prior to reimbursement requested by the city.
  • Bisio lawsuit – Smith has not confirmed that the insurer will pay for the Bisio lawsuit.
  • $98,000 interceptor repair – the city’s financial reports do not typically present the balances in the water and sewer funds, but they are available to anyone who wants to see them. The payment is on the agenda for approval. This will be paid 100% out of the sewer fund and will not impact the operational budget.

Wylie said that the pre-election flyer was not an official statement from the city and was not issued by the city or Ryan. It may have come from individuals, and you would have to ask them about it.

Agenda Item #8, FYI (Video time mark 0:18:19):

No items to report.

Agenda Item #9, Sheriff Report For October 2020 (Video time mark 0:18:27 page 17/74 of the council packet):

No one from the Sheriff’s office was present to discuss the report.

Smith noted that the October calls seemed to be consistent with previous months. Felony counts are the highest they have been for the year, but misdemeanors are down. Smith can relay questions to Lt. Hill.

Bonser said he’s seen Sheriff patrol cars driving around, but he hasn’t ever seen anyone pulled over even though there is a lot of speeding. Do we have to pay extra for traffic enforcement?

Smith said that there is a certain degree of coverage that comes with the tax dollars we pay, and the Sheriff gives equal coverage to Clarkston and Independence Township. There was a walk around town today that included (unnamed) representative(s) from the Sheriff’s office, and they discussed the fact that it is hard to tell the speed of the cars driving by from a pedestrian viewpoint. The data from the “Your Speed” electronic signs, and data from Waldon Road to Clarkston Road, indicated that only a few people are driving over 40 miles per hour. In most cases, it’s 31-32 miles per hour.

Avery thought that the information that the college student pulled from south Holcomb indicates that 20-30% of the cars are speeding. A Sheriff presence there would be appreciated, and an occasional parked vehicle would be helpful.

Smith said he would recommend that the city pay extra overtime to the Sheriff once the Main Street signs are installed, and people who don’t respond will get a ticket. That’s what we did on Holcomb and it was effective. Ideally, the additional police presence should be done every three months because it helps, but we don’t do that for budget reasons.

Agenda Item #10, City Manager Report (Video time mark 0:24:58; page  18/74 of the council packet):

Bonser said that the links aren’t active on the agenda; Kniesc suggested reading it from the website.

Smith said that the office has adopted stepped up COVID restrictions. The hours remain the same, everyone is wearing masks, and the front door is locked. You can contact the office by phone, email, or by using the city’s secure drop box. The drop box is available 24 hours a day and is processed at least once a day.

Speagle said that people who need things signed and dated should call the office and make an appointment. Most things can be handled through email, phone, or the drop box.

Agenda Item #11, Motion: Acceptance of the Consent Agenda As Presented (Video time mark 0:28:46)

• • 10/26/2020 Minutes, page 20/74 of the council packet
  • 11/9/2020 Draft Minutes, page 22/74 of the council packet
  • Treasurer’s Report as of 10/31/2020, page 24/74 of the council packet
  • Carlisle/Wortman invoices, page 36/74 of the council packet

Consent agenda approved unanimously.

Agenda Item #12, Old Business

Item 12a, Discussion: Friends of Depot Park Master Plan Vision for Depot Park (Video time mark 0:29:37; page 38/74 of the council packet):

Smith said the intention tonight was to introduce the topic; no resolution or motion is required. They are presenting the full-sized drawing, which was provided to council members and is available to the public on request. The drawing shows the village offices in the upper right corner, along with the current and proposed new rain garden. There is also a “turbidity curtain” to keep silt and erosion from entering the waterway. Water resource commission permits are in place and there was a nice installation in the rain garden last week.

Smith said that the drawings are a master vision for future work. There is a pathway going around the playground to define it, make it wheelchair and stroller accessible, and keep the wood chips on the playground. They want to add benches and are proposing two different sized pavilions for the public’s use; a 24 x 24 pavilion is being proposed at the south end of the park. There are picnic tables now, but the pavilions would protect them from the rain and sun. The full-sized drawing provides detail regarding what the numbers on the plan mean and provides locations for planned benches and memorial trees. This is just a concept. Haven is the chairperson and will talk about a few things, including the DNR grant, when he returns on December 14^th.

Smith said budget is a concern. They hope to fund things with charitable donations, but not all things can be done that way, e.g., maintenance, infrastructure, and repaving. Pavilions, benches, and other amenities could be funded with charitable contributions. Don’t be alarmed by the proposal, which includes a bathroom. Infrastructure-type things would be done over time and presented in new years’ budgets.

(Friends of Depot Park members comments designated as FODP, as their identity was unclear from the recording)

FDOP said the purpose of the map is to communicate future dreams and to open communications. There is no timeline. It could be five years out or more. If there isn’t enough money from charitable donations, they will keep working on it.

FDOP are proposing a path from the gazebo to the bridge so that people would not have to walk on the grass and mud.

Smith noted that the pathway around the gazebo is intended to address Americans with Disabilities Act (ADA) accessibility to the gazebo. It’s not clear if we need to rebuild the gazebo or if we can clean it up for now to buy time with regard to accessibility issues.

Wylie asked about the previous proposal for a band shell. Smith said that a band shell is off the table for now because the gazebo works for 90% of the music. We might be able to make the gazebo more user friendly, making a band shell unnecessary.

Avery suggested public hearings to give people the opportunity to weigh in regarding what they want and don’t want. It might be helpful to establish timelines and group things together into phases. We should also know what the costs are. You need to tell people what the money will be used for or you will have a harder time getting donations.

Smith said that there is a picture that was not in the packet that shows what a pavilion would look like. They have the cost for an 18 x 18 pavilion. There will be more discussion about this on December 14^th. If we don’t do the DNR grant, then the council needs to decide what the priorities should be. A medium-sized pavilion and the ADA pathway around the pavilion have bubbled to the top for use of the charitable funds they have so far. The timeline would be as funds permit. A public meeting is a good idea to get input, match up on visions and for charitable/donation reasons.

FODP said that there was a similar meeting held when discussing the playground equipment and people voted on it. They would do the same here. COVID has been an issue and the DNR grant discussion needs to take place.

Bonser asked about advertising for financial support or volunteers. Smith said that they haven’t done a lot of advertising. Communication has been by word of mouth, on the city’s website, the weekly email, and on Facebook. FDOP said that they also talk to businesses, friends, and neighbors.

Wylie remembered a flyer when the larger fund raising occurred. Smith said that fund-raising effort was very successful, and we could do it again.

Pardee asked about a 501(c) and noted that a timeline would benefit the community by incorporating the estimated costs into the capital improvement plan. The capital improvement plan will be reviewed in Spring 2021 and go through 2026, and it has assumptions that relate to contributions. FDOP said that it’s been discussed but it has not moved forward.

Smith said that the capital improvement plan additions would be for infrastructure type expenses, such as lighting down the pathway that requires conduit. They hope that things like the pavilion and picnic tables would be charitably funded.

Avery said that the benefit of a plan was to show where the money will come from before we start earmarking city money. How are the charitable funds being raised and accounted for? Smith said that the charitable funds are in a separate bank account that is managed by the Treasurer and not comingled with the city budget.

Avery thought there should be something formal set up if people are giving money to the city for donations. Smith said that they’ve talked about a 501(c)(3) and believe that it can be set up within six months if someone with the right knowledge worked on it, and they would love to find someone who could help with this. This would give confidence to people that the money they donate is really going to charity and not paving roads and paying salaries.

Item 12b, Discussion: Update On Office Operations Under New COVID Guidelines (Video time mark 0:58:02):

• • Jonathan Smith memo, page 39/74 of the council packet)
  • Governor Whitmer Emergency Order under MCL 333.2253, 11/15/2020 – Gatherings and Face Mask Order, page 40/74 of the council packet

Smith noted that this topic had already been covered under the city manager’s report. Date-stamped copies will be handled by appointment; sewer and current tax payments can be made through the website; dog licenses can be obtained through Oakland County; and building permits are online. Residents can contact the office through email addresses on the website. They are just trying to keep everyone safe.

Item 12c, Resolution: Rules for Electronic Meetings (Video time mark 0:59:46 and 1:22:42):

• • Thomas J. Ryan memo dated 11/12/2020, page 48/74 of the council packet
  • Resolution to Adopt Rules for Electronic Meetings, page 50/74 of the council packet
  • Enrolled Senate Bill No. 1108, amendment to the Open Meetings Act, page 54/74 of the council packet

Attorney Tom Ryan drafted rules of procedure for electronic meetings that could be used going forward. While there is a presumption that electronic meetings will end on 12/31/2020, it’s possible that the Legislature and Governor will extend that into next year. Unless something changes, remote participation is only authorized for three reasons as of 1/1/21 – active military service, a personal medical situation, or a general medical issue (such as a pandemic where there is a general order from the Department of Public Health). These come right of the statute.

Ryan referred to an issue from “a gentleman in Detroit” in the 11/19/2020 memo (not in the packet); he will respond tomorrow.

It’s a good practice to start identifying your location and state today. This will be required after the first of the year.

If the resolution is adopted, then it needs to be changed to reflect Mayor Pro Tem Wylie in Mayor Haven’s absence.

There was a discussion between Wylie and Ryan about the proposed rules being different than the order used in the typical Clarkston meeting agenda.

Ryan, Wylie, and Luginski discussed requiring people making public comments to identify themselves and say where they reside. Luginski said that people always gave their name and address when they addressed the council. Ryan said that you don’t have to provide an address for privacy purpose, but the council should pass on this issue and move on while he checked the statute.

On return to this issue, Ryan noted that the council can’t require registration or any condition on attendance for a public meeting. He believes that the council has discretion to ask for someone’s name and location of residence without an address if they wish to do so.

Wylie noted that during the time when Luginski was not on council, the council passed rules that didn’t require people to identify themselves when giving public comments, and she doesn’t think it should be in there.

Bonser thought that it would be appropriate for someone making a public comment to say who they are and whether they live here or not to give weight to their comments.

Avery asked if these rules were specific to online meetings, and Ryan said they were. Wylie removed her objection on that basis.

Resolution passed unanimously.

Item 12d, Resolution: Reimbursement To Independence Township For Interceptor Expense (Video time mark 1:11:00; page 58/74 of the council packet):

Smith noted that the issue arose when the city was notified of a needed $84 million dollar repair to the Oakland/Macomb interceptor, a sewage pipe located in Detroit but used by Clarkston. The costs were broken down, and Clarkston’s share was $98,921 based on REUs. Independence Township made an immediate payment that included Clarkston’s costs, and we must reimburse them.

On 10/26/2020, the council authorized the Treasurer to restructure the self-funded city hall construction loan taken from the water and sewer funds (66% water and 33% sewer) to a 100% loan from water. This increased the balance in the sewer fund and allows us to pay the $98,000 bill, leaving approximately $10,000 in the sewer fund. This fund needs to be built up again as quickly as possible so that it is available in the event of a catastrophic event, and we discussed a special assessment to recoup that. This would require a lot of steps to set up and involve the attorney, auditor, assessor, and public input. It is by no means finished.

Today, we are resolving that the Treasurer pay Independence Township for the money they paid on our behalf.

Bonser wanted to know how much each villager would have to pay. Smith said that they are estimating four $45 payments per household.

Pardee wanted to know when we would see water and sewer fund reports. We normally see them when the audit report is provided, which will be at the end of the year, but that report reflect balances as of the end of the fiscal year (6/30/2020). This means that we won’t see the balances again until the end of next year. We also need to look at the history of the sewer fund to know if $10,000 is comfortable or not. Independence Township said that there are additional costs likely in 2021.

Smith said that the Treasurer can report out on the funds at any time. There is definitely a subjective component to knowing how much should be kept in the sewer fund. Detroit sewer pipes are aging, and we don’t know what is needed. The Great Lakes Water Authority (GLWA) suggested that there are other costs coming.

Wylie noted that someone on the council volunteered to go to the GLWA meetings. Smith said he couldn’t recall which council member agreed to do that, but we can get more information from the GLWA so we can be more prepared.

The resolution passed unanimously.

Item 12e, Resolution: Main Street Sign Poles (Video time mark 1:27:57; page 59/74 of the council packet):

• • Comparison of bids, page 60/74 of the council packet

Smith noted that we’ve been talking about the signs for a while, and it has taken time to get MDOT approval. The locations have now been approved. The northbound location would be close to the existing speed limit sign as you are leaving and going north of Washington, near the spillway. The southbound location will be located near the vacant lot between 177 North Main and Brioni’s parking lot. This will slow traffic a little earlier than it does now.

Smith is proposing that someone else pour the concrete, due to MDOT requirements for installation. He asked for three quotations, and one vendor didn’t respond. Poco Signs had the best price of $700 per unit. Unless the third vendor comes in with a lesser quote, he is proposing that we use Poco Signs.

Smith is requesting $700 plus another $200 for miscellaneous expenses and the cost of the concrete (which is not included in the quote). Smith’s request is not to exceed $1,600 to have the signs purchased, installed, and completed so that when the concrete is cured, we can install the signs.

Bonser wanted to know what the speed limit is on the southbound side of the street, 30 or 40 miles per hour? Smith said that MDOT will not answer the question regarding where the reduced speed limit begins but the sign location will be helpful.

Pardee expressed a preference regarding the 45 mile per hour limit on the northbound side to start with the city limits. Smith said that MDOT doesn’t care about city limits; they look at other things, like traffic flow. We need to pursue that.

Resolution passed unanimously.

Item 12f, Resolution: Social District (Video time mark 1:36:42; page 71/74 of the council packet):

• • Revised social district map, page 72/74 of the council packet

Wylie said that the application was sent back to us by the State of Michigan. The resolution needs to be revised to make it clear that the social district is the same as the common area. We also need a logo on the boundaries and the cups. Kniesc said we used Kalamazoo as an example.

The resolution passed unamimously.

There was some additional discussion regarding the Downtown Clarkston Dining Options flyer advising people which restaurants are offering curbside, delivery, etc. Wylie expressed her appreciation to the people who put this together. It was much more than she expected, lets people know they can still get food from our restaurants, and she loves the restaurant logos.

Curt Catallo noted that Wylie did the hard work by compiling the information. He thanked their designer and said that Union Adworks would be happy to distribute these around town. Rudy’s gets a lot of foot traffic.

Wylie noted that this was originally Cory Johnston’s suggestion.

Agenda Item #13, New Business

Item 13a, Resolution: Budget Amendment For Election Costs (Time mark 1:44:00; page 73/74 of the council packet):

Smith said that this was an unprecedented election. The election budget was increased this year, but it needs to be increased again. We budgeted $3,400 but the actual costs were around $4,250. This wasn’t just for additional workers; it also included COVID materials. Smith plans to apply for a grant, but the budget needs to be adjusted now to offset the $850 increase. Smith is proposing to move the money from the grant writing budget into the election budget.

The resolution passed unanimously.

Agenda Item #14, Adjourn (Video time mark 1:46:25):

Passed unanimously.

Resources:

• • Link to video recording – http://216.11.46.126/VOD/3313-City-11-23-2020-2-v1/vod.mp4
  • 20201123 – City Council Packet (final)