Category: SMART (Suburban Mobile Authority for Regional Transport)

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January 11, 2021, City Council Meeting (held virtually)

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. Anything noted between brackets was inserted by Clarkston Sunshine.

Meeting:

City Manager Jonathan Smith welcomed everyone to the meeting and reviewed the rules for virtual meetings as they were presented on screen.

Agenda item #1, Call to Order (Video time mark 0:01:32):

Meeting called to order by Haven.

Agenda item #2, Pledge of Allegiance (Video time mark 0:01:38):

Pledge of Allegiance said.

Agenda item #3, Roll Call (Video time mark 0:01:58):

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

Agenda item #4, Motion: Approval of Agenda (Video time mark 0:03:34):

No discussion.

Agenda approved unanimously.

Agenda Item #5, Public Comments (Video time mark 0:04:14):

Chet Pardee:

    • The city’s financial situation has become weaker half-way through the budget year. The city has borrowed from the sewer fund to pay its portion of the county’s inceptor repairs and has not communicated the timeline for public hearings and implementation of the special assessment district. It will cost taxpayers $98,000 to replenish the sewer fund.
    • No proposals have been presented to council for sidewalk, street, and gazebo repair. Construction season is coming, and the budget year ends June 30th. The city does not have the capability to create the necessary requests for proposals, but the city’s engineer, Hubbell, Roth & Clark, has that capability.
    • No one has answered his question regarding whether the city attorney’s professional liability insurance and/or the city’s errors and omissions liability insurance would pay for the damages for the Bisio v Clarkston lawsuit. Four of the city’s current elected officials have been in official positions since the Bisio FOIA request was made in 2015. All have been silent during multiple council meetings during public comments when it was suggested that the city should negotiate a settlement prior to the Michigan Supreme Court decision against the city. City officials have chosen to prolong the case and increase the damages payable by the city. Legal damages are covered by the city’s 30-page errors and omissions insurance policy, but the city didn’t have a copy of the policy until it was requested. Six months after the supreme court decision against the city, the city has decided to hire additional legal representation in an attempt to minimize five years of costs for withholding 18 documents from the FOIA request.
    • There is another opportunity to update the city’s website. The Message from the Mayor is from Steven Percival. [Note: searching for the “Message from the Mayor” on the city’s website reveals that it was changed on January 11, 2021, the date that it was brought to the city’s attention by Mr. Pardee. However, the page is currently blank.]

No additional public comments.

Agenda Item #6, FYI (Video time mark 0:07:49):

Nothing to report at this time.

Agenda Item #7, Sheriff Report For December 2020 (Video time mark 0:07:59, page 3/43 of the council packet):

Lieutenant Hill was present. [This was the second time that Lt. Hill’s comments were extremely difficult to hear. If we can’t hear the comments, neither can the council members.]

Haven noted that the current report allows us to compare 2019 with 2020, and he asked why the calls for service have nearly doubled from 2019 to 2020. Lt. Hill noted that the increase could be for several reasons – calls to 911, traffic stops, building checks, and infractions. Haven said that it’s been an unusual year so it’s hard to figure out what is driving the increase.

Kniesc asked for an explanation regarding calls for service. Lt. Hill said that there is some kind of contact involved.

Haven thanked Lt. Hill for being attentive to the speeding issues.

Agenda Item #8, City Manager Report (Video time mark 0:13:09; page 4/43 of the council packet):

Smith wanted to emphasize the need for volunteers to help with buckthorn plant removal in Depot Park. The cut buckthorn consists of plants and small trees that are 2”-3” in diameter. Volunteers will be asked to bring the cut buckthorn to a common area and put it on the fire. They hope to do this on January 23rd. If anyone is interested in helping, it would be appreciated.

Wylie mentioned that Andrea Sorrentino has set up a Clarkston volunteer Facebook page. This was one of the Planning Commission’s master plan goals. Wylie put a notice up asking for volunteers and will put up a tentative date of the 23rd.

Agenda Item #9, Motion: Acceptance of the Consent Agenda As Presented (Video time mark 0:15:33)

    • 11/23/2020 – Final minutes (page 5/43 of the council packet)
    • 12/14/2020 – Draft minutes (page 7/43 of the council packet)
    • 01/06/2021 – Draft minutes (page 10/43 of the council packet)
    • Treasurer’s Report for City Council Meeting (page 12/43 of the council packet
    • Check Disbursement Report, 12/1/2020-12/31/2020 (page 13/43 of the council packet)
    • Hubbell, Roth & Clark, December 2020 invoices (page 21/43 of the council packet)
    • Thomas J. Ryan, P.C., January 2021 invoice for December 2020 services (page 24/43 of the council packet)

Pardee asked about an $1,100 Hubbell, Roth & Clark invoice for professional services related to restroom facilities – did that come to council for approval? Smith said that it was an exploration into the possibility of putting a stand-alone restroom in Depot Park. They didn’t think there would be a significant cost to do that.

Pardee wanted confirmation that there aren’t plans to relocate the gazebo, and Smith confirmed that was the case.

Pardee asked about City Attorney Tom Ryan’s billings regarding 10 Miller Road and 42 W. Washington.

    • [117 N. Main Street] – Ryan said appeal is still ongoing. There is a hearing scheduled before an administrative law judge on April 2nd or 3rd of this year.
    • 10 Miller Road – there was a recommendation by the administrative law judge (ALJ) to affirm the Historic District Commission’s (HDC) decision. This will be heard by SHPO (the State Historic Preservation Office) later this month. It may take a month or two to confirm things at the state level, but things are winding down in the ALJ realm.
    • 42 W. Washington – The ALJ reversed his prior order against the city and has sent a recommendation to SHPO to affirm the HDC decision and that has happened. The matter has concluded in the administrative realm and no further SHPO action is required.

The consent agenda was approved unanimously.

Agenda Item #10, Old Business (Video time mark 0:22:14)

No old business.

Agenda Item #11, New Business

Item 11a, Motion: Depot Park Optimist Ice Rink (Video time mark 022:17; pages 27/43 and 29/43 of the council packet):

Haven said that this is a motion to accept receipt of the gift of a skating rink from the [Clarkston Community School District Technical Center Construction Program] and the Optimist Club.

Haven asked Smith to confirm that the city isn’t participating in the funding, and Smith said that we are not.

Haven wondered if this structure could fit under the gazebo if it’s lowered, and he noted that assembly, dismantling, and storage could be an issue – does Smith know where this will be placed? Smith said that the structure consists of 4’ panels that will fit neatly on one pallet, which could be stored on our new pallet racks in the garage.

Bonser wanted to know what the dimensions of the ice rink were. Smith didn’t have the paperwork immediately available to him but estimated that the rink was approximately 28 x 64, which is approximately the same size as the previous ice rink. It’s a modular system and we can buy more panels to make it larger in the future.

Wylie appreciated the information provided by the Optimist Club regarding why they are doing this. The purpose is to honor their former president, Harry Richardson, who apparently died ice skating on Deer Lake. They’ve been doing this for many years in his honor and to make something safe for the community. We are very fortunate to have the Clarkston Optimist Club doing so much for us. Haven agreed and added that Tom Middleton has served in that capacity as well, and we send our thanks to him.

Ryan said that he’d sent a memo to Smith expressing concern that the city be added as an additional named insured to the Optimist Club’s liability policy, and he would recommend that the motion be amended to include that. Smith said it was in process, but Ryan wanted to be sure that was part of the motion.

The motion to accept the gift and add the city as an additional named insured to the Optimist Club’s liability policy passed unanimously.

Haven said that the Friends of Depot Park can talk about this tomorrow. It’s a good idea to thank them formally for the gift with a card or a letter. Smith agreed.

Item 11b, Discussion: Clarkston Restaurant Relief Grant (Video time mark 0:28:59; pages 28/43 and 30/43 of the council packet):

Haven said he was thrilled to see the relief grant come through and noted that Smith had done a lot of work on this.

Smith said that Oakland County approached Clarkston and other municipalities in December to let them know that Oakland County was pursuing approximately $10-$11 million in CARES act funds that were still remaining. The County put together a grant program for the restaurant industry because they have been virtually shut down, with a goal of helping them expand their outdoor seating. Once restaurants are back to 25%-50% capacity, they will be struggling for additional seating that will have to be outside. The County procured several items through Home Depot – propane heaters, refill tanks, snap and grow greenhouses (and igloos when there weren’t enough greenhouses), and cleaners to sanitize the space with refill sanitizing solution. There may be some additional funding available in the future in a “Phase 2.”

Smith said that Clarkston’s allocation was $11,000, and the basis for the award was the amount of restaurants in the community. These items are not a gift to the restaurants. They are owned by the city, and the agreement with the business owners will say that they are owned by the city. If a restaurant is not using the items, the city will take them back and redistribute them to someone else who can benefit. There was no cost to the city for these items. Two greenhouses were delivered to The Fed this afternoon, and they will take care of their own assembly. The Village Café has asked to pay for a crew from Home Depot to assemble their greenhouse. It’s very labor intensive, and the city will not be getting involved in assembly.

An unidentified person asked Smith who decided where the items would be distributed. Smith said that the city made that decision and an igloo was made available to the questioner. The Fed asked for ten greenhouses but they were only given two. Smith used a lot of factors to try to determine what would be a fair and equitable distribution of these items. We may be able to get more products or cash for things that restaurants need that were not on the list in Phase 2.

Wylie asked where the Old Village Café will put their greenhouse, and Smith said it will be on the Washington Street side, though not in the street. They have one parking space, and it would be right behind the door and close to the building.

Pardee asked what will happen to the items once COVID is no longer an issue. Smith said that he thought that the city would sell them as an asset we no longer need if council approves.

Curt Catallo thanked Smith for working hard and Oakland County for recognizing the hardship that restaurants are facing.

Bonser asked about the refillable propane tanks and cleaners. Smith said that they would be given credit for the number of tanks. The County is still figuring out how to roll them out. There will be one tank provided with each heater, and we have fifty refills coming on top of that. The heaters will only run for three hours on a tank. We can ask for more once they’re gone, but there are no guarantees, and the restaurants may have to get their own refill tanks. The sanitizing cleaners are similar – we will have ten gallons of refills in one gallon sizes. A little goes a long way – you only need to mist the greenhouse or igloo to sanitize it. Depending on how long the pandemic continues, it may not be enough.

Item 11c, Resolution: Agreement for Legal Services (Video time mark 0:41:43; 31/43 of the council packet)

    • “Resolution – Agreement for Legal Services” (page 31/43 of the council packet)
    • January 7, 2021 Correspondence from Mark W. Peyser, Howard and Howard, Subject: “Engagement for Performance of Legal Services” (page 32/43 of the council packet)

Haven said that the purpose of the resolution is to seek additional legal assistance with the Bisio case. Haven read the resolution and noted that the agreement is to pay the attorney $350 per hour or less. The attorney prepared a multi-page agreement that requires a $5,000 retainer to be paid immediately with a budget of up to $14,000 (which is the equivalent of 40 hours at $350/hour). We will need a budget amendment to transfer the $14,000 from the fund balance to the legal fees contract.

Bonser said that he was disappointed at how much this was going to cost. He understood in the meeting that we would get a rate of less than $350/hour, and this looks like it’s going to be $19,000 total. Smith said that the $5,000 retainer is included in the $14,000, which is 40 hours at the full $350/hour. Mr. Peyser told us that he would push the work down to lower-level attorneys and staff as much as possible which will bring the cost down. We are assuming the worst here, but we don’t know if it will be enough or what is involved in the remaining legal and facilitation work.

Haven said that they didn’t state that they were going to try to use lesser valued attorneys and clerical help to try to reduce the cost.

Kniesc said that 40 hours X $350/hour is $14,000. Smith agreed and said that the $5,000 retainer is a subset of that.

Avery said that the $14,000 is a budgeting number and is not based on anything specific. It could be more or less, depending on the amount of work that Mr. Peyer does.

Smith said that if there is more work than originally anticipated, then he would come back to council and ask for additional funds.

Pardee asked if the fact that we are reaching into the fund balance mean that it’s not possible to access the city attorney’s professional liability or the errors and omissions insurances? Haven said that none of those questions have been determined. Smith said that’s what facilitation is all about, to see if we can access MML (Michigan Municipal League) and what have you, to see if it’s a possibility to get funds to pay for legal fees. Haven said that we are looking at all resources for the city.

Resolution passed unanimously.

Item 11d, Resolution: Smart Credit Contract for FY 2021 (Video time mark 0:49:21; page 41/43 of the council packet)

    • “Resolution – SMART Credit Contract for FY 2021” (page 41/43 of the council packet)
    • “Municipal Credit and Community Credit Contract for FY2021” (page 42/43 of the council packet)

Haven said that Clarkston will be receiving $184 in municipal credits from SMART (Suburban Mobile Authority for Regional Transport) and the Michigan Legislature pursuant to Public Act 51 of 1951 in the 2020-2021 fiscal year. We have traditionally transferred these funds to Independence Township to provide transportation for local senior citizens, and this resolution approves the transfer to Independence Township to use the money in their senior center bus transportation program.

Resolution passed unanimously.

Agenda Item #12, Adjourn (Video time mark 00:51:41)

Motion to adjourn was approved unanimously.

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