Month: August 2023

Introduction:

Links to the video recording and the council packet are at the bottom of this post. Please note any errors or omissions in the comments. Anything noted in brackets was inserted by Clarkston Sunshine.

Agenda Item #1, Call to Order (Video time mark 0:00:05):

The meeting was not formally called to order.

Eric Haven said: “All right, seven bells.”

Agenda Item #2, Pledge of Allegiance (Video time mark 0:00:08):

Haven said shall we start the meeting with the pledge? Pledge said.

Agenda Item #3, Roll Call (Video time mark 0:00:25):

Haven welcomed everyone and asked Karen [DeLorge, city clerk] to please take the roll.

Eric Haven, Gary Casey, Amanda Forte, Laura Rodgers, Mark Lamphier, and Bruce Fuller were present.

DeLorge said Sue Wylie is excused. Haven said they talked about that.

Agenda Item #4, Approval of Agenda (Video time mark 0:00:49):

Haven thanked DeLorge and said he would entertain a motion to approve the agenda they have in front of them.

Motion by Fuller; second Rodgers.

Haven said there’s a motion and second to accept the agenda in front of them without reservation.

Haven asked if there was any discussion.

No discussion.

Motion to approve the agenda passed by unanimous voice vote.

Agenda Item #5, Public Comments (Video time mark 0:01:19):

[Though public comments can sometimes irritate the city council, there is value to both the council and the public in hearing them. While they can’t eliminate public comments entirely without violating the Open Meetings Act, your city council has decided not to acknowledge public comments during a city council meeting unless the person submitting the comments also appears at the meeting (in-person or electronically) to personally read them, but this is a rule that they occasionally adhere to (or not). Mayor Eric Haven has also cut people off for exceeding the city council’s arbitrary three-minute time limit (it’s arbitrary because no time limits are required by the Open Meetings Act), another rule that they occasionally adhere to (or not).

If your public comments were submitted to the council but not read, or if you tried to make public comments but your comments were cut short by the mayor, please email them to clarkstonsunshine@gmail.com and I will include them in my informal meeting summaries either under public comments or under the specific agenda item that you want to speak to.]

Haven read the rules for public comment and asked if anyone wanted to make a public comment this evening.

Haven recognized Chet Pardee.

Chet Pardee:

Pardee thanked the mayor, provided his address, and said good evening.

Does the city council have priorities or only the mayor with his priorities funded by philanthropy? Council has ignored suggestions and Julie Meredith’s willingness to facilitate discussion among council members to establish city priorities.

Dismissing the 2023 Capital Improvement Plan as a “wish list” is appropriate if there is no accompanying revenue plan. If the Planning Commission adds the costs of repairing West Miller Road and the cost of repairing the seven Main Street paver aprons to the 2023 Capital Improvement Plan, the city’s revenue challenge becomes more apparent.

Oakland County develops a rolling three-year budget, so its future revenue requirements are visible. Pardee suggests the city use a similar multi-year approach. The city’s GO [general obligation] bond debt millage expiration would have been more visible given a multi-year budget. Currently, the city’s budget process focuses only on finding a way to get to next year.

The current budgeted high priority Depot Street repair and sidewalk repair proposals haven’t come to council yet for approval and the construction season will soon end. The seven Main Street paver aprons are not being discussed because of the magnitude of their increasing cost.

Later this month, the Michigan Court of Appeals may rule in favor of Lehman Investments. This could provide an opportunity for increased city revenue resulting from development on West Washington which would provide revenue to the city. Parking revenue alone is not sufficient to maintain the city’s streets and sidewalks. Restaurant growth will not increase monies to the city as restaurants pay no sales tax to the city.

Although there is no proposal for West Washington development, the city has been paying Tom Ryan [city attorney] for six years to prevent any opportunity for development at 42 West Washington. Tom’s been representing the city on legal matters related to this property for twenty years. The city paid the former owners $80,000 in 2006 for foundation damage caused by the city’s delay in repairing the storm sewer adjacent to the property.

Based on Tom Ryan’s legal experience with 30 communities, Pardee requests that he propose the escalation policy that can be applied to property owners who are ignoring or making little progress on code violations.

Haven thanked Pardee. Pardee said he would be happy to answer any questions. Haven asked if anyone had any comments or questions for Pardee.

No comments or questions.

Haven said hearing none, would anyone else like to address council?

No additional comments.

Agenda Item #6, FYI

Item 6a – Oakland County Hosts Veteran Food Distribution Event on August 17^th, 2023, 9 a.m. to Noon (Video time mark 0:04:42)

• • Oakland County Veterans Food Distribution Event flyer (page 3/27 of the council packet)

Haven said they would move onto the next item on their agenda, which is to be determined. He has one item here which is a county-sponsored Veterans Food distribution event on August 17th at Independence Oaks County Park. He wanted to make you aware of that, but if you want to know more about it, call Tyrone Jordan at 248/285-8016. Again, this is August 17^th, a Veterans Food distribution event.

Haven said that’s the only thing he has and asked if anyone else had anything else for For Your Information?

Casey asked, designed to distribute food to what? Haven said he believes this is Veterans Food distribution event, and it’s sponsored by the county. (Haven made an unintelligible comment.)

Agenda Item #7, Sheriff Report for July 2023 (Video time mark 0:05:33):

• • Oakland County Sheriff Department, Independence Substation, Monthly Report (page 4/27 of the council packet)

Haven said alright, the next item on the agenda is Sheriff’s Report.

They have the report in their packet here and the new Sergeant Jeff Ashley here. The former Lieutenant (unintelligible). They’re looking of course, we’re in August now, they’re looking at the report through July. So, if you have any questions or comments, Jonathan [Smith, city manager] can forward them.

Haven asked if there were any comments or questions.

No comments or questions.

Agenda Item #8, City Manager Report (Video time mark 0:06:10):

• •  City Manager Report, August 14, 2023 (page 5/27 of the council packet)

Haven said the next item on the agenda is the city manager’s report. It’s very similar to what Smith puts out on the community email. He encourages you if you don’t get the email to do that.

Haven said (unintelligible) but there’s an item titled “DPW Emergency Tree Cleanup.” That’s on Main Street. A truck hit one of those trees (unintelligible).

The Tons of Trucks event at the park the other day on Saturday was a good event.

Rudy’s press event is coming up on Wednesday the 16th at 10:00 in front of Rudy’s.

They’re going to be dedicating the Depot Park Kids’ Bridge at 7:30 that same morning on the 16th. That’s Wednesday. Two big events on Wednesday.

And then a car washing event benefiting Depot Park was conducted by the National Honor Society students. Haven thinks they raised $800. Haven doesn’t know what that transition moment looks like to Smith and didn’t know if he wanted to recognize it at a council meeting. Smith said not yet.

(Haven and Fuller exchanged unintelligible comments.) Haven said he wanted to support the guys. They got rained on the first one they had. Smith agreed. Haven wasn’t sure of the second Saturday. They made the same amount as they did on the first day with the rain as they did the second day. So, people go there (unintelligible). Well, at least they showed up.

Haven said all right, surcharge increase. David McKee is going to come and see us on August 28th and explain that. Again, they’re anticipating future needs. Smith agreed. Haven said future sewer needs.

Haven said and then relocation of the city’s asphalt road patching trailer will happen because the Township can’t house it anymore. So, we’re storing it in the Washington and Main lot unless we can find another location. Smith said right, they want to find another location. It’s kind of an eyesore. Haven agreed.

Haven said that was the last two and asked if anyone had a question or comment regarding the city manager’s report or they’ll move on to the next item.

Pardee had a question for Smith. Pardee said we used to have a big trailer, long trailer, was stored out and stolen, and we found it. Pardee said he thinks about it when we consider enclosing the back lot. Do we still have that, or was it stolen again? Smith said no, it’s behind the building right now, and they just used it for Tons of Trucks. Yes, it was stolen and then miraculously just re-delivered to our driveway after they made comment that it had been stolen. It just magically reappeared. To this day, we – Pardee said on the fence. Smith said well, we could, yes. It’s kind of, it would take up a big chunk of the space back there, but we can put locks on it too. But, but, yeah, it’s there, and it’s not the prettiest thing to look at, but it is mechanically, it’s in good shape. Pardee thanked Smith.

Fuller said he had a question for Smith. It seems like traffic is moving down Main Street at certain times of day, but lately, it just seems like all day. Is that due to construction, or is that (unintelligible)? Smith said he has to believe it’s due to the I-75 construction, because even when they’re not doing a full closure, obviously that creates pandemonium on all the back roads, but a lot of times they just have it closed from three lanes to two. So, it’s just pushing people off of the freeway. So, they’re looking to alternative routes, and it often takes them through Main Street. So, that’s his assumption. He’s hoping that come winter it’ll return to normal. Fuller said he’s not the only person who’s noticed that. Smith said oh, no, it’s – Rodgers said it’s making that left onto Main Street and Washington can take you two to three lights. Smith agreed and said it’s just gridlock at times.

Haven said alright, moving right along, shall we, from the city manager’s report, if no one else has any comments or thoughts.

Agenda Item #9, Old Business

[Not mentioned; the agenda had no old business listed.)

Agenda Item #10, New Business (Video time mark 0:10:58):

Item 10a – Resolution: DTE Underground Easement Agreement (to power the new charging stations in the Depot Road parking lot) (Video time mark 0:11:05): 

• • Resolution – DTE Underground Easement Agreement (page 7/27 of the council packet)
  • DTE Electric Company Underground Easement (Right of Way) No. 68011596-68011602 (page 8/27 of the council packet)
  • Easement Map (page 10/27 of the council packet)

Haven said there are things under new business, a resolution to give DTE an underground easement to power up their UV charging stations, just the ones in Depot Park, is that right? Smith said yes. Haven said the ones up on Washington, they’re operational. Smith said right, they’re already operational. Haven said the ones in Depot Park aren’t operational because they need the easement.

Haven asked if there was already plumbing there for the wiring? Smith said yes. The conduit is already below ground. So DTE, they will not hook up their lines from the telephone pole to the power stations. They will not run those cables until this agreement is signed.

Rodgers asked Smith what that means, that they want an easement. What does that mean? That then they like own that part? Smith said they have access to it should they need to dig it up for some reason. They automatically have access to that ground. That 10-foot, 5 feet to the right of the pipe and 5 feet to the left of the pipe, 10 feet total. That if they needed to, they could just dig without asking any questions. It is fairly common. When they run one of their power lines below grade across privately owned property, which this is privately owned, the city owns it, but it’s not owned by DTE, it’s not in one of their right of ways. It’s coming up the side of the building over here. So yeah, they need an easement. That’s common practice. Rodgers said so, without it, if we say no, then the EV things aren’t going to work. Smith said correct.

Haven said so this is a no cost request.

(Haven read the resolution.)

Haven said this has been reviewed by their attorney, he assumes. Smith agreed. Haven said so, they have confidence in his report and will entertain a motion to enter into this resolution.

Motion by Casey; second Forte.

Haven said there is a motion and a second to adopt this resolution.

Haven asked if there was any discussion.

Haven recognized Pardee.

Pardee said the power that comes to this building is not available to power the charging stations? Smith said well, it is, but the company that is providing the charging station pays the electric bill. So, they wanted a separate meter. It’s not going to go on the city’s tab, the city’s meter. It’ll be on its own separate account. So, it’s basically a new account.

Haven asked if the council had any discussion.

No discussion

Haven asked DeLorge to take the roll.

Rodgers, Lamphier, Casey, Forte, Fuller, and Haven voted yes. DeLorge said the resolution is passed.

Item 10b – Resolution: Depot Park Picnic Table Replacement (video time mark (0:14:55): 

• • Resolution – Replacement of Four Picnic Tables in Depot Park (page 11/27 of the council packet)
  • Photos – Depot Park Picnic Tables – Existing and Proposed (page 12/27 of the council packet)
  • Bid Comparison, Replacement of Four Picnic Tables in Depot Park (page 13/27 of the council packet)

The second item under the business is a resolution. It is a money resolution. The resolution to replace the four picnic tables in Depot Park, and we have pictures of the deteriorating reasons why we need to do this.

Haven said he would read the resolution first of all.

(Haven read the resolution.)

Haven said the lowest cost supplier was Amazon, interestingly enough, at a total cost of $2,131. That price includes shipping and locally purchased lumber because they come with a frame, is that right? Smith said the Amazon one does just come with the frame. Haven said it is less expensive. Smith agreed.

(Haven continued to read the resolution.)

Haven said alright, so, he didn’t get a motion to resolve here and asked who would like to take that motion.

Motion by Lamphier; second Fuller.

Haven thanked them and said they have a motion and a second to adopt the resolution and asked if there was any discussion.

Casey asked Smith if the wood will be pressure treated. Smith said yes. You can buy just regular pine and paint it or try to keep it stained or painted but that becomes a maintenance thing. Smith knows they like the look of the composite benches and they’re nice to look at and they’re virtually maintenance free, but the cost as you can see in the table is much higher. Casey said long term. Smith said it’s number three, it’s like $7,200 versus $2,100 for the steel frames with pressure treated, they’re basically 2 X 12s, they’re pressure treated 2 X 12s to make the seats, and there’s three of them across the top.

Rodgers asked if it comes with that lumber or is it just the frame. Smith said there is a supplier, right above it here, this Global Industrial sells pretty much this exact same frame with the lumber and shipping, so that’s $3,200 versus $2,100. It’s $1,000 higher for the same thing.

Rodgers asked how much will the lumber cost us for each thing. Smith said that’s included in this Amazon quote. When he put down $2,131, that includes the lumber. The frame from Amazon and the lumber from Menards together, that’s $2,131. Amazon doesn’t charge for shipping. So, it would be the total and cost plus the 10% contingency he put in the resolution. And then Jimi [Turner, DPW supervisor] would be responsible for bolting the lumber to the table.

Haven said he thinks he read somewhere they’re 20 years old. Smith agreed. Haven said Wolmanized is kind of a 30-year product. Smith agreed and said he doesn’t know if the existing benches were Wolmanized. They were just painted, and if you don’t keep up with the paint, water gets in and – Haven said and they gray out. Smith said they will weather gray, yes.

Fuller said this is just when we’re building with this stuff, Home Depot sells a cedar tone. He finds it much more attractive than the traditional brand. Smith asked if it is a treated material? Fuller said he knows Lowe’s doesn’t carry it, but Home Depot does, and it’s called cedar tone treated. Smith said they will look into it. Fuller said just put cedar tone instead of that greenish – Smith agreed.

Rodgers asked if Smith could buy the composite wood and put it on the frame? Smith said in theory you could, yes, but it’s not as structurally strong. So, it’ll flex if you don’t have supports. So, if you’re going to put composite down because the frame isn’t made for composite, it would probably bow, it would bow. So, then you’d have to put wood down and then put the composite on top of it. Yeah, it’s just kind of awkward.

Fuller said he would not use that on a top rail of (unintelligible). Smith said yeah, it’s not a structurally strong material by itself. If it’s supported, it’s fine, yeah.

Haven said the finish is silver in the picture. Is that (unintelligible). Smith said it’s a galvanized steel. Haven said he sees the picture of (unintelligible) posts (unintelligible). These are failing from the inside out. Smith said well, these picnic tables are kind of heavy, but if you tip them up, you’ll see that the whole bottom edge is just gone. It’s just rust. It’s just completely gone. Haven asked if there would be a wall thickness difference. Smith has quite a range here. Smith said the Amazon one is the thicker, the 2-3/8 inch too. Some of them are getting into the, that’s the diameter. It doesn’t tell you the thickness.

Casey said that’s the same as Wilson. Smith agreed. Casey asked if the Wilson tables are powder coated. Fuller said it’s rubberized. Smith said he thinks the frame is powder coated and the steel is like a rubberized spray of some sort. They’re very nice, but again, they’re pricey.

Haven said the value proposition will get a lot of life out it anyway. You might have to be ready to get some more (unintelligible).

Casey said Amazon has killed local business. Smith said he knows. (Casey made an unintelligible comment.) Smith said well, as you know, he’s supposed to take the low bid supplier and technically they are.

Rodgers asked if they had money put aside for this. Smith said they do. The park materials budget has money for this. It was something he anticipated when they put in the budget. He had actually anticipated $4-$5,000 when he put the budget together, but if we can get it for $2,100, that was like good news to him, that they can save some money.

Haven asked if there was any other discussion.

No additional discussion.

Haven asked DeLorge to take the roll.

Casey, Forte, Fuller, Lamphier, Haven, and Rodgers voted yes.

Agenda Item #11 – Motion: Acceptance of the Consent Agenda as Presented (Video time mark 0:23:47):

• • 07-10-2023 Final Minutes (page 14/27 of the council packet)
  • 07-24-2023 Draft Minutes (page 16/27 of the council packet)
  • 08-14-2023 Treasurer’s Report (page 18/27 of the council packet)
  • 08-02-2023 Check Disbursement Report, 07-01-2023 – 07-31-2023 (page 19/27 of the council packet)
  • Carlisle/Wortman, July Invoices (page 24/27 of the council packet)
  • Thomas J. Ryan, P.C., July Invoices (page 26/27 of the council packet)

Haven said interesting enough, at the end of their meeting, they’ve got the consent agenda.

Smith said yes, it just got out of order there. No long-term suggestion here. It just got moved around in the order.

Haven said they have draft minutes from 7-24, final minutes from 7-10, and the treasurer’s report of 8-14, and their consent agenda is consolidated for their ease of disposition.

Haven said he would entertain a motion to accept the consent agenda as has been put before them.

Motion by Rodgers; second Lamphier.

Haven said they had a motion and second and asked if there was any discussion about this.

Haven said it’s an exciting moment, guys. All in favor say aye.

The motion passed by unanimous voice vote.

Haven recognized Pardee for a question. Pardee said they are spending capital project fund money in the Treasurer’s report, and he was just curious. The total is 49 plus, and Plantwise was one place that we wrote a $2,000 check. Oakland County Treasurer was another. And he’s not sure that the council had an opportunity to approve those expenditures.

Smith said the Plantwise was for invasive species. That was previously approved by the council. The Oakland County, he’d have to check with Greg [Coté, treasurer], he assumes that’s some kind of tax payment, but he has to check with Coté to confirm.

Fuller said he (unintelligible) when he was around the council. He thinks the fire marshal (unintelligible) assured the council that buildings were inspected downtown. Watching these fires rip through this Lahaina or whatever it is on Maui, he assumes those were mostly brick structures like we have here. He thinks that fire represents one of the greatest, you know, threats to our downtown. It could ravage it very quickly, just like in Maui, which he’s sure had regular inspections as well. Would it be possible to deliver a report to the council? He knows that they’ve rejected the rental thing, he knows there are rental properties down there, and he doesn’t know if they’ve been inspected in a long time because (unintelligible). He’s not certain they have. And to get a domicile and business report on exactly how safe these buildings are in the case of fire, not just from smoke alarms and whatnot, but sprinkling systems and so forth that keep a fire from just running up one side of the street and down the other. Is that possible to get that kind of comprehensive report?

Smith said he can reach out to the Fire Marshal, Greg Brandt, and ask him that question if he’s got on file reports, it’s just a matter of sharing them with them to see the status. They’re all on a two or three year, he has to verify which that is, cadence. So, it’s not every year that they get inspected. It’s every other year, maybe it would be every third year. And so, he visits the businesses, knocks on their door, says I’m here to do the inspection, and he walks through. He’s primarily looking for, not so much for electrical issues, he’s looking for escape paths. He’s looking for fire extinguishers, smoke detectors, that kind of thing. He’s not necessarily looking for an electrical switch that could be mis-wired.  And now he can call in, and we did this on one of the buildings downtown. On a fire inspection, he spotted some kind of questionable wiring, and so he then asked that the electrical inspector be called in. And he did. We had our electrical inspector go over and look at that building too. They found some changes that were recommended. But Smith thinks electrical fires are probably the largest risk here. We don’t have, Michigan, knock on wood, has been pretty fortunate as far as wildfires go, and we hope that that’s going to stay that way. But yeah, an electrical fire is what probably concerns Smith more than anything else, or the cause of the fire being some kind of faulty electrical wiring. Because these are old buildings, old wiring in them, you start looking behind the scenes and – Fuller said and some of the buildings are residential, and you don’t know exactly how they’re cooking or how safe they’re being, and how they’re supposed to be. Smith agreed. Old wood framing that would go up quickly.

Smith said he will ask Coté if he’s got a report that he can share with them that shows the status, you know, business by business. Fuller said that would be great.

Haven said (unintelligible) a lot of those are wood framed buildings, and they lost some of them, and they were replaced with bricks. Smith agreed. Haven said but again, your interiors are (unintelligible).

Fuller said one thing is these buildings aren’t replaceable. So, these historic buildings that burned down – Haven agreed (unintelligible). (Casey made an unintelligible comment.)

Haven said it’s a great request. He likes it.

Agenda Item #12, Adjourn (Video time mark 0:30:15):

Haven asked if he could have a motion to adjourn.

Motion by Forte; second Lamphier.

Haven said there was a motion and a second to adjourn and asked if there was any discussion.

No discussion.

Motion to adjourn passed by unanimous voice vote.

Haven said the motion carries and they are adjourned.

 Resources:

• • Video recording linked here
  • 08-14-2023 City Council packet