AGENDA CITY OF GROSSE POINTE PARK CITY COUNCIL MEETING June 14th, 2021 7:00 pm SPECIAL NOTICE: Due to the Wayne County Public Health Order and to continue to decrease the spread of COVID-19, this meeting will be held electronically. See instructions below for how to join the meeting and guidelines for meeting conduct. All City Council meeting materials are included as part of this meeting notice. I. Call to Order II. Roll Call III. Pledge of Allegiance to the Flag IV. Approval of Consent Agenda I. Approval of May 6th Meeting Minutes II. Approval of May 10th Meeting Minutes III. Approval of Budget Amendment for FY 2021 IV. Approval of Corrective Action Plan – Pension V. Approval of PAATS Service Agreement V. Public Comment (Agenda Items) VI. Managers’ Report VII. Committee and Commission Reports VIII. Unfinished Business I. 4-Way Traffic Stop Discussion II. Council Comment IX. New Business I. Pride Month Proclamation II. Finance Report III. Adoption of Ordinance No. 224 IV. Adoption of Ordinance No. 225 V. Fee Schedule Adoption VI. House Demolition Discussion VII. Council Comment X. Public Comment (Non Agenda Items) XI. Adjournment ZOOM MEETING AND TELECONFERENCE INFORMATION - Go to zoom.us - Meeting ID: 867 3929 1898 - Password: 060404 Dial In Information +1 646 558 8656 US (New York)
+1 301 715 8592 US (Germantown) +1 312 626 6799 US (Chicago) +1 669 900 9128 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) Meeting ID: 867 3929 1898 Password: 060404 Michigan Relay is a communications system that allows hearing persons and deaf, hard of hearing, or speech-impaired persons to communicate by telephone. Users may reach Michigan Relay by dialing 7-1-1 and then connection with Zoom conference number above. There is no additional charge to use this service. Please contact [email protected] with any other requests for accommodations. How to Submit Public Comment There will be two options for how to submit a public comment for this meeting: attending the Zoom meeting or written comment. There will be one public comment at the end of the meeting. Spoken comments will be limited to three minutes. Written comments will be limited to 500 words. Members of the public wishing to make a comment via Zoom will need to either join the meeting through the app on their computer/tablet/mobile phone and/or dial in to the phone number listed on the public notice. All spoken comments through the Zoom app or the phone will be limited to three minutes. The provided meeting guidelines outline the process for teleconferencing comments that will be followed during the meeting. Written comments can be submitted directly to [email protected]. Written submissions need to be 500 words or less and be submitted by 5pm on Sunday, June 13th. Guidelines for Public Participants 1. All virtual meetings will be conducted via Zoom with a dial-in option. If you join the meeting utilizing the Zoom app on your computer/tablet/phone, you will be able to listen, see the City Council members, and make a public comment if you desire to do so. We are not allowing the public to utilize a webcam during the meeting. If you join the meeting with your webcam on, it will be disabled by the host. 2. All meeting materials and meeting information is available on the City website at www.grossepointepark.org 3. The meeting will start promptly at the time listed on the meeting notice. Public participants will be permitted to join the meeting five minutes before the meeting is scheduled to start.
4. When you are ready to join the meeting, please make sure your line is muted to decrease background noise. Public participant lines have to remain muted until the public comment portion of the meeting. Also make sure your webcam is disabled before you join. If you join the meeting with your webcam on, it will be disabled by the host. 5. If you decide you want to make a public comment, please utilize the raise hand function in the Zoom app or on the phone during the agenda item before the appropriate public comment period. To raise your hand on the phone, press *9. Staff will add you to the public comment queue list for the next public comment period. Please note that all public participants are only allowed one three-minute public comment per public comment period. 6. When each public comment period begins, the Mayor will review the process for public comments. After the process is reviewed, the Mayor will call on a Staff member to read any public comments that were submitted via written statement. When those are completed, the Mayor will call for any spoken public comment. A staff member will call on public participants by either the last four digits of your phone number or your participant name listed in the Zoom app. Public participants will be called in the order they were added to the queue list. Public participants who do not respond within ten seconds of their phone number or screen name being called will be skipped and the next person in line will be called on. This method will continue until all public participants have had the opportunity to comment. All public comments shall not exceed three minutes and a timer will be displayed on the screen. 7. Once the public comment period is done, the Mayor will either continue with the next agenda item or end the meeting.
Hosts will have the ability to and will remove participants from the meeting if they breach the peace in such a way that disrupts or interferes with the meeting.
Consent Agenda – City Council Meeting June 14th, 2021
I. Approval of May 6th Meeting Minutes II. Approval of May 10th Meeting Minutes III. Approval of Budget Amendment for FY 2021 IV. Approval of Correction Action Plan – Pension V. Approval of PAATS Service Agreement
CITY COUNCIL 2021/2022 BUDGET WORKSHOP- MAY 6, 2021 7:00 PM
An electronic meeting was held through Zoom due to the Wayne County Public Health Order and to continue decreasing the spread of COVID-19.
The meeting was called to order by Mayor Denner and opened with the Pledge of Allegiance to the Flag.
The following were electronically present: Councilmembers Relan, Read, Hodges, Robson, McConnell, and Fluitt, and Mayor Denner.
Also electronically present: Nick Sizeland, City Manager, Jane M. Blahut, Finance Director/Clerk, Jake Howlett, City Attorney, and Leah Smith, Assistant to the City Manager.
PUBLIC COMMENT
City Manager SIzeland stated no written comments were received.
No verbal comments were made.
BUDGET OVERVIEW
City Manager Sizeland summarized the general fund budget stating that taxable values increased by 3.6% increasing tax revenue from $6,611,600 to $6,714,773. The value rose higher than the rate of inflation which requires the rate to be rolled back. The final FY 2022 taxable value is $671,681,127
The tax rates are as follows:
2021 2022
Operating $10.9093 $10.7074 Rubbish 1.6150 1.5851 Public Relations 0.0771 0.0744 Road Millage 0.9859 0.9676 Public Safety Millage 2.6467 2.5977 Bond debt 0.9350 0.9500
Total $17.169 $16.8822
The projected revenue and expenditure for the Fiscal Year 2022 budget factor in revenue decreased due to the COVID-19 pandemic. The City will receive roughly $1,100,000 from the American Rescue Plan Act Federal Stimulus which will aid with the shortfall.
City Manager SIzeland stated that OPEB retiree health insurance and pensions costs are the most significant fringe benefit costs. To reduce these costs, the measures below have been undertaken:
- Public safety personnel hired prior to March 1, 2014; the multiplier was reduced from 2.5% to 2.25%.
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- All general employees hired prior to March 1, 2014; the multiplier was lowered from 2.5% to 2%. - All Public safety personnel and general employees’ pension multiplier for employees hired after March 1, 2014; is 2%. There are currently 15 of 34 public safety officers and 17 of 31 general employees that are at the 2% multiplier. A surplus account was also established to deposit extra payments over and above the City’s ARC payment to be applied to the overall underfunded liability.
In January 2020, the Council approved the implementation of Trust No. 115, which allows the City to set aside funds to fund the underfunded health care liability, otherwise known as the OPEB – Retiree Health Insurance. The City worked with a professional actuarial firm to determine the required funding the City would need to provide to meet the State required funding levels over the next 30 years. The plan submitted by the City was approved by the Michigan Department of Treasury for the OPEB funding. The following measures have been taken to reduce the unfunded health care liability reached through contract negotiations:
- Dispatch union retiree coverage and administration and non-union employee’s coverage limited to a two-person contract effective June 1, 2007. - DPW retiree coverage reduced to a two-person coverage on July 1, 2009 - All employees hired after March 1, 2014 will not receive retiree health care - All employees hired prior to March 1, 2014 with 30 years of service will receive retiree health care until they are Medicare eligible.
City Manager Sizeland stated that the Act 51 funding within the major and local street funds has been budgeted according to State guidelines. The road millage tax capture for 2021/22 is estimated to be approximately $649,919, $174,900 will be transferred to the Major Street Fund and $475,000 will be transferred to the Local Street Fund.
City Manager Sizeland noted that the current, negotiated rubbish contract with GFL is for a five-year term with rates increasing 2.25% per annum. Recycling rates have increased from $226,000 to $244,828, increasing bi-monthly per homeowner cost to $9.95. GPCDA rates are currently $34.78 with an estimated annual premium of $210,000. Leaf composting for $60,000 is also included in the rubbish line item.
City Manager Sizeland summarized the Downtown Development Authority (DDA) budget, highlighting new budget line items including a capital improvements line for underground infrastructure, crosswalk improvements, moving expenses for the Department of Public Works, and continuation of the COVID-19 Business Support program. City Council voiced general concern over a large portion of the DDA budget being utilized for the DPW moving expenses and the underground infrastructure.
City Manager Sizeland summarized the Tax Increment Finance Authority (TIFA) budget, highlighting new budget line items including continuation of the COVID-19 Business Grants, the bond payment for the new DPW facility, and additional DPW facility related expenses.
City Manager Sizeland noted that the following capital improvements are still scheduled for completion for Fiscal Year 2022:
Park Sewer Upgrade $ 9,000
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Park & Rec Pickup Truck 35,000 Kayak Racks 8,000 Park & Rec Picnic, Grills, Lounge 10,000 Parks & Rec Tennis Court Reconstruction 160,000 Lift Station Doors - Patterson 10,000 Computers - IT 18,000 IT Right Annual Contract 21,525 Equipment - Computer System 27,000 Equipment – Lawn and Garden 2,575 B.S.A. Software 8,000 Lease – Postage Machine 2,000 Lease – Xerox 5,000 Lease - Fitness Center Equipment 21,000 Equipment – Public Safety 30,000 Vehicles – Public Safety 60,000 Equipment – Patrol Vehicles 20,000 Fire Turnout Gear 11,000 CAD Computer 50,000 Installment – Purchase Principal 100,000 Installment Purchase – Contract Int. 61,369 MDI-HVAC Update Park & Rec 16,687 Landscape Consulting/Storage 27,687 Website – Revize 16,400 Office Windows Park & Rec 1,922 Revamp Chipping Green/Flower Beds 3,500 Boiler Room – Olympic Pool 35,000 Zero Depth Pool Valve Replacement 16,500 Commercial Turn Mower Bagger 9,000
City Manager Sizeland stated that the new agreement with Great Lakes Water Authority (GLWA) will go into effect July 1, 2021. By entering into this agreement, the water flat rate has been decreased from $76,900 to $71,200 and the water flow rate decreased from $11.04 to $10.21, resulting in an annual savings of $157,604. GLWA has raised the sewer rates by $82,800 annually, resulting in a net savings of $74,804. Administration is recommending that rates remain consistent with the prior year.
City Manager Sizeland stated the marina rates will increase 5%from the previous year, totaling $307,650 in revenues. remain consistent with the previous year. The marina budget represents a 5% increase in revenue over the prior year.
Motion by Councilmember Fluitt, supported by Councilmember Read, to adjourn the meeting.
AYES: Councilmembers Relan, Read, Hodges, Robson, McConnell, and Fluitt, and Mayor Denner.
NAYS: None
With no further business, Mayor Denner adjourned the meeting at 9:40 pm.
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COUNCIL MEETING – May 10, 2021 7:00 P.M.
An electronic meeting was held through Zoom due to the Wayne County Public Health Order and to continue decreasing the spread of COVID-19.
The meeting was called to order by Mayor Denner and opened with the Pledge of Allegiance to the Flag.
The following were electronically present: Councilmembers Relan, Read, Hodges, Robson, McConnell, and Fluitt, and Mayor Denner.
Also electronically present: Nick Sizeland, City Manager, Jane M. Blahut, Finance Director/Clerk, Jake Howlett, City Attorney, Jim Bostock, Interim Public Safety Director/Lieutenant, Brian Colter, City Forester, and Leah Smith, Assistant to the City Manager.
APPROVAL OF CONSENT AGENDA
Mayor Denner presented the consent agenda for approval.
Motion by Councilmember McConnell, supported by Councilmember Robson, to approve the consent agenda as presented.
AYES: Councilmembers Relan, Read, Hodges, Robson, McConnell, and Fluitt and Mayor Denner
NAYS: None PUBLIC COMMENT (AGENDA ITEMS)
City Manager Sizeland read one written comment submitted by one resident.
One resident made a verbal comment.
ARBOR DAY POSTER CONTEST WINNERS
Mayor Denner introduced Ms. Pat Deck, Beautification Commissioner and Chair of the Arbor Day Poster Contest, to introduce the winners.
Commissioner Deck stated that this year marks the 150-year anniversary of Arbor Day and the 38th anniversary of the City’s celebration of the Arbor Week Poster Contest. The poster contest is open to all fourth graders and judging is done blindly with no names on the posters. The following six students were recognized as the 2020 winners: Matteo Canavari, Savvas Zingas, Mackenzie Andrews, Helena Trudel, Cole Paralangeli, and Pablo San Miguel.
Mayor Denner presented the following resolutions recognizing the winner and two runners-up for the 2021 Arbor Day Poster Contest:
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CITY OF GROSSE POINTE PARK RESOLUTION IN RECOGNITION OF ANTHONY MANNINO WHEREAS, Mayor Denner, City Council and Members of the Beautification Commission have established the week of April 25 to May 1, 2021 as Arbor Week, and
WHEREAS, the Beautification Commission, in recognition of Arbor Week, has established as Arbor Week Poster Contest for area fourth grade students, and
WHEREAS, the purpose of the awards is to promote community awareness and involvement in Arbor Week by the students as well as an appreciation of the many benefits of trees, now, therefore, be it so
RESOLVED, that Mayor Denner, City Council, and Members of the Beautification Commission hereby recognize and honor Anthony Mannino as the winner in the City of Grosse Pointe Park Arbor Week Poster Contest.
CITY OF GROSSE POINTE PARK RESOLUTION IN RECOGNITION OF EMERSON LAWRENCE
WHEREAS, Mayor Denner, City Council and Members of the Beautification Commission have established the week of April 25 to May 1, 2021 as Arbor Week, and
WHEREAS, the Beautification Commission, in recognition of Arbor Week, has established Arbor Week Poster Contest for area fourth grade students, and
WHEREAS, the purpose of the awards is to promote community awareness and involvement in Arbor Week by the students as well as an appreciation of the many benefits of trees, now, therefore, be it so
RESOLVED, that Mayor Denner, City Council, and Members of the Beautification Commission hereby recognize and honor Emerson Lawrence a runner-up in the City of Grosse Pointe Park Arbor Week Poster Contest.
CITY OF GROSSE POINTE PARK RESOLUTION IN RECOGNITION OF SONIA WHIITTAKER
WHEREAS, Mayor Denner, City Council and Members of the Beautification Commission have established the week of April 25 to May 1, 2021 as Arbor Week, and
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WHEREAS, the Beautification Commission, in recognition of Arbor Week, has established as Arbor Week Poster Contest for area fourth grade students, and
WHEREAS, the purpose of the awards is to promote community awareness and involvement in Arbor Week by the students as well as an appreciation of the many benefits of trees, now, therefore, be it so
RESOLVED, that Mayor Denner, City Council, and Members of the Beautification Commission hereby recognize and honor Sonia Whittaker a runner-up in the City of Grosse Pointe Park Arbor Week Poster Contest.
Motion by Councilmember Hodges, supported by Councilmember Robson, to approve the resolutions honoring the 2021 Arbor Day Poster Contest winner Anthony Mannino, and runners- up Emerson Lawrence and Sonia Whittaker, as presented.
AYES: Councilmembers Relan, Read, Hodges, Robson, McConnell, and Fluitt and Mayor Denner
NAYS: None
RESOLUTION HONORING THE TICKLISH TURKEYS
Mayor Denner stated the following resolution was requested by Councilmember Read.
Councilmember Read read the following resolution:
City of Grosse Pointe Park A RESOLUTION HONORING THE TICKLISH TURKEYS
WHEREAS the Ticklish Turkeys are a Grosse Pointe Destination Imagination team comprised of Benjamin Bryan, Alyssa Flores, Matthew Jakubowski, Dailey Jogan, Malvina Lubanski, Liam Raether, and CJ Schindlbeck and coached by parents Matt Jakubowski and Scott Schindlbeck; WHEREAS in 2020, this team of Pierce Middle School eighth graders participated in the technical challenge of the Destination Imagination STEM program; WHEREAS the technical challenge, called The Big Fix, tasked the team with solving a problem with an invention; WHEREAS the Ticklish Turkeys decided to tackle the Flint water crisis; WHEREAS the team conducted a search of patents relating to chemistry reducing the amount of lead that dissolved into drinking water from lead pipes; WHEREAS their research found that the current chemistry worked to reduce lead dissolution but had an unintended, negative side effect of introducing high levels of phosphates into the water, which increases algae formation;
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WHEREAS the Ticklish Turkeys experimented with alternative chemistry, to find a solution that had the same or better lead anti-dilution characteristics while reducing the phosphate footprint; WHEREAS after a round of over 50 experiments, the team found chemistry that achieved their objectives; WHEREAS The Ticklish Turkeys was awarded a U.S. patent because the chemistry they discovered was so inventive; WHEREAS U.S. Patent No. 10,919,789 was granted to the Ticklish Turkeys LLC on February 16, 2021 with the title Multi-Functional Lead Anti-Dissolution Compositions;
WHEREAS the Ticklish Turkeys LLC are a limited liability corporation duly organized and registered with the State of Michigan;
WHEREAS the inventors, now all freshman at Grosse Pointe South High School, plan to pursue commercialization of their patented chemistry, and;
WHEREAS the delivery of a safe water supply to its residents is among the most important functions of municipal government;
NOW, THEREFORE BE IT RESOLVED that the Mayor and members of the City Council of the City of Grosse Pointe Park join in recognizing the Ticklish Turkeys for their innovation, dedication, and perseverance on this outstanding achievement.
Motion by Councilmember McConnell, supported by Councilmember Relan, to approve the resolution as presented.
AYES: Councilmembers Relan, Read, Hodges, Robson, McConnell, and Fluitt and Mayor Denner
NAYS: None MANAGERS REPORT
City Manager Sizeland presented a brief overview of the status of issues since the last meeting:
- Consolidation of Precinct 3 and 5 - TIFA COVID Support Program - DDA COVID Support Program - DTE - Public Works Building - City Hall Building - COVID 19 Vaccination Site - Master Plan Update
COMMITTEE AND COMMISSION REPORTS
Recreation Commission – Marina Subcommittee
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Councilmember Read stated that the Marina Subcommittee met on April 13th. The Marina Supervisor is working with an engineering firm to complete an analysis report on the marina. Navigational red and green lights have been installed at the marina entrance and the committee also discussed receiving regular marina fund status reports to monitor and track the fund reserves. The subcommittee’s next meeting is scheduled for June 2nd at 7pm.
Recreation Commission Councilmember Read stated that the Recreation Commission met on May 5th. The commission approved the dog park application, rules, and incident report form. Construction on the dog park has begun with expected opening sometime in June. The pool at Windmill Pointe will be opening on schedule with a similar reservation process to last year in addition to resuming swim team and swim lessons. Summer programming will include tennis, karate, and Rock Steady boxing. The City has also partnered with the Grosse Pointe Theatre to offer summer acting classes for grades 1 through 9 and registration has already opened. The Commission also discussed the possibility of a disc golf course at Patterson Park. The next meeting is scheduled for September 1st at 7pm.
Beautification Commission Councilmember Relan stated that the Beautification Commission met on April 22nd. The main agenda item was judging the 90 submitted posters for the Arbor Day contest. The Commission will start judging for the 2021 Beautification awards in Mid-June. The Commission also hosted the spring plant exchange outside at the Tompkins Center on May 8th. The next meeting is scheduled for May 12th at 7pm.
Planning Commission Councilmember Hodges stated that the Planning Commission met on April 21st. MKSK provided an update on the master plan project and what has been accomplished since the survey closed and the visioning session was held. The next steps for the Master Plan update project will be the open house on May 25th and a public workshop in August where a draft of the updated plan will be available to the public. The Commission also reviewed the submitted site plan for the Wayburn 4-Unit Development. Through discussion, the Commission decided to table a decision on the site plan until a later meeting. The next meeting is scheduled for July 21st at 7pm.
Downtown Development Authority (DDA) Board Mayor Denner stated that the DDA Board met on April 27th. The main agenda items included an update on the COVID-19 grant program and review and approval of the proposed 2021-2022 Budget. The next meeting, which is an informational meeting, is scheduled for June 9th at 7pm.
Tax Increment Finance Authority (TIFA) Board City Manager Sizeland stated that the TIFA Board met on April 27th. The only agenda item was review and approval of the proposed 2021-2022 Budget. The Board also authorized moving forward with a parking study for the business district. The informational meeting is scheduled for June 8th at 7pm.
Eastside Community Network Councilmember Hodges stated that the ECN is responsible for overseeing the Mack Avenue Strategy Committee that includes reps from the Detroit, Mack Avenue adjacent Grosse Pointe
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communities, Wayne County, and others. The committee met the morning of May 10th to discuss the ongoing Mack Avenue planning and zoning effort by City of Grosse Pointe, potential use of stimulus funding along Mack Avenue, and the corridor cleanup/motor city makeover initiative. The Eastside Community Network will also be reopening their offices starting the week of May 17th.
Sustainability Committee Councilmember Fluitt stated that the Sustainability Committee met on April 15th. The Committee continues to work on a dedicated sustainability page on the City website, and the MI Green Communities challenge. The Committee also discussed placement of recycling bins throughout the park, potential for decreased pesticide use on the lawn at City hall, and expanded use of bike racks.
UNFINISHED BUSINESS: INTRODUCTION OF PUBLIC SAFETY DIRECTOR
City Manager Sizeland introduced Mr. Bryan Jarrell, who will be serving as the City’s new Public Safety Director.
Mr. Jarrell provided a summary of his thirty-four years of law enforcement experience and thanked City Manager Sizeland and City Council for the opportunity to serve the community.
UNFINISHED BUSINESS: COUNCIL COMMENT
Councilmember Relan requested for clarification on the sewer separation discussed during the DDA meeting.
City Manager Sizeland stated that the current City engineers, OHM Advisors, have been using GIS and CAD to investigate all of the stormwater and sewer lines throughout the City to create a map. The engineers informed the City that in front of City Hall between Lakepointe and Jefferson, the separation was not completed as shown on the engineered drawings, possibly due to budget concerns or other matters.
NEW BUSINESS: 2021/2022 BUDGET HEARING/APPROVAL
Mayor Denner opened the 2021-2022 fiscal year Budget Public Hearing. He noted a thorough review was undertaken at the budget workshop held earlier in the month.
Mayor Denner stated the first business item for the budget hearing was public comment.
City Manager Sizeland stated no written public comment was received.
No verbal public comment was made. Mayor Denner closed the public comment portion of the meeting.
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Mayor Denner presented Budget Resolution No. 1 for Council consideration.
Motion by Councilmember Hodges, supported by Councilmember Robson, to approve Budget Resolution No. 1 that establishes tax rates as presented.
AYES: Councilmembers Relan, Read, Hodges, Robson, McConnell, and Fluitt and Mayor Denner
NAYS: None
The resolution as adopted: CITY OF GROSSE POINTE PARK RESOLUTION NO. 1
RESOLVED, that in accordance with P.A. 5 of 1982, requiring the governing body to establish the millage rate required to balance the 2021-22 fiscal year budget and in accordance with Section 8.4 of the City of Grosse Pointe Park Charter, it is hereby determined that the millage rate for general operating purposes for the fiscal year 2021-22 be $16.8822 or $16.8822 per $1,000 of Taxable Value (10.7074 general operating; 1.5851 rubbish disposal; 0.0744 communication fees; 0.9500 bond issue; 0.9676 roads; 2.5977 public safety).
Mayor Denner presented Budget Resolution No. 2 for Council consideration.
Motion by Councilmember Read, supported by Councilmember McConnell, to approved the Special Assessment Roll, Resolution No. 2, as presented.
AYES: Councilmembers Relan, Read, Hodges, Robson, McConnell, and Fluitt and Mayor Denner
NAYS: None
The resolution as adopted: SPECIAL ASSESSMENT ROLL RESOLUTION NO. 2
WHEREAS, in accordance with Section 20.12 of the City of Grosse Pointe Park City Code whereby when any expense shall have been incurred by the City in respect to any single premise and subsequently such expense remain unpaid, and
WHEREAS, such premises have been advised that such unpaid bills will be placed as a lien against such property, plus fifteen percent (15%) service charge if not paid by a certain date.
BE IT RESOLVED, that a Special Assessment Roll for delinquent bills for water and miscellaneous items be placed upon the property described in the Exhibits as presented, copies of which are on file in the City Clerk’s office and are a part of these minutes, in the respective
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amounts set forth opposite said properties in said Exhibits, including a service charge of fifteen percent (15%) for placing the bills for water and miscellaneous items on the Special Assessment Roll, and that Special Assessment shall be due and payable at the time 2021 City taxes are next due and payable with respect to such property.
Mayor Denner presented Budget Resolution No. 3 for council consideration.
Motion by Councilmember Read, supported by Councilmember Hodges, to approve Resolution No. 3, for estimated revenues and appropriations as presented.
Numerous Councilmembers stated they would like to see the $14,000 DPW moving expenses line be removed from the DDA budget.
Amendment by Councilmember Read, supported by Councilmember Relan, to move the $14,000 DPW Moving Expenses line item from the DDA budget to the general fund.
Finance Director Blahut stated that the marina numbers included in the resolution were incorrect and should be $307,650 for revenues and $289,931 for appropriations.
Amendment by Mayor Denner, supported by Councilmember Read, to correct the Marina budget numbers as stated by Finance Director Blahut.
Councilmember Hodges stated that she would like to decrease the amount budgeted for the municipal radio line within the Public Safety budget based on conversations with City Administration.
Amendment by Councilmember Hodges, supported by Councilmember Relan, to reduce the municipal radio line within the Public Safety budget by $30,000 for a total appropriation of $50,000.
Vote on Amendment 3 (municipal radio line)
AYES: Councilmembers Relan, Read, Hodges, Robson, McConnell, and Fluitt and Mayor Denner
NAYS: None
Vote on Amendment 2 (correcting Marina budget totals)
AYES: Councilmembers Relan, Read, Hodges, Robson, McConnell, and Fluitt and Mayor Denner
NAYS: None
Vote on Amendment 1 (moving DPW expense line item from DDA to General fund)
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AYES: Councilmembers Relan, Read, Hodges, Robson, McConnell, and Fluitt and Mayor Denner
NAYS: None
Vote on Original Motion (adopting resolution no 3 as amended)
AYES: Councilmembers Relan, Read, Hodges, Robson, McConnell, and Fluitt and Mayor Denner
NAYS: None
The resolution as adopted with amendments:
CITY OF GROSSE POINTE PARK RESOLUTION NO. 3
RESOLVED, that having published proper notices and held a public hearing for the budgets of the following funds for the fiscal year 2021-22, such budgets are hereby adopted in the amounts set forth and purpose intended along with increases in related revenue sources:
GENERAL FUNDS
Estimated Revenue
Property Taxes $8,864,206 Licenses 39,100 State Shared Revenues 1,235,025 Charges for Services 593,862 Fines & Forfeits 400,000 Interest & Rents 304,700 Other Revenue 1,329,963 ______
Total Estimated Revenues $ 12,766,856
Appropriations
City Council $ 111,658 Judicial 342,900 City Manager 184,740 Public Service 389,972 Elections 129,197 Financial Administration 324,413 City Clerk 195,190
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Public Safety 7,740,850 Public Works 342,418 Tree Maintenance 269,155 Parks 682,096 Recreation 585,981 Fitness/Activity Center 656,919 Planning & Beautification 13,948 Transfer to Other Funds 797,000 ______
Total Appropriations $ 12,766,437
Major Street Fund
Total Estimated Revenues $ 1,139,051 Total Appropriations 1,139,051
Local Street
Total Estimated Revenues & T/I $ 923,683 Total Appropriations 923,675
Garbage & Rubbish Collection
Total Estimated Revenues $ 1,304,385 Total Appropriations 1,304,329
Building Department
Total Estimated Revenues $ 304,363 Total Appropriations 282,670
Downtown Development Authority Fund
Total Estimated Revenues $ 125,060 Total Appropriations 125,000
Tax Increment Financing Fund
Total Estimated Revenues $ 1,443,318 Total Appropriations 1,440,670
Indigent Defense Fund
Total Estimated Revenues $ 34,000 Total Appropriations 34,000
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Drug Law Enforcement Fund
Total Estimated Revenues $ 3,000 Total Appropriations 3,000
Block Grant Fund
Total Estimated Revenues $ 20,000 Total Appropriations 20,000
Road Fund
Total Estimated Revenues $ 649,919 Total Appropriations & T/O 649,919
Bond Debt
Total Estimated Revenues $ 638,097 Total Appropriations 636,725
Capital Improvement Bonds Series 2019
Total Estimated Revenues $ 2,134,287 Total Appropriations 2,134,287
DPW Public Works/TIFA
Total Estimated Revenues $ 3,948,897 Total Estimated Appropriations 3,948,897
Capital Improvement Fund
Total Estimated Revenues $ 797,000 Total Appropriations 788,165
Water & Sewer Fund
Total Estimated Revenues $ 5,564,015 Total Appropriations 6,334,150
Marina Fund
Total Estimated Revenues $ 307,650 Total Appropriations 289,931
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Mayor Denner presented Budget Resolution No. 5 for Council consideration.
Motion by Councilmember Read, supported by Councilmember Fluitt, to approve the increase in recycling rates, Resolution No. 5, as presented.
AYES: Councilmembers Relan, Read, Hodges, Robson, McConnell, and Fluitt and Mayor Denner
NAYS: None
CITY OF GROSSE POINTE PARK RESOLUTION NO. 5
WHEREAS, that having published proper notices and held a Public Hearing for rubbish and recycle rates,
NOW, THEREFORE, BE IT RESOLVED, that the recycle rate of $8.71 be increased to $9.95 through the bi-monthly water bill.
Mayor Denner stated that the 2021-2022 fiscal year budget was now adopted.
NEW BUSINESS LETTER OPPOSING HB 4722
Mayor Denner asked Councilmember Read to present the topic for consideration.
Councilmember Read stated House Bill 4722 seeks to eliminate municipality’s ability to regulate short-term vacation rentals. This bill was previously discussed in the Michigan House in 2019 and this version has been referred to the Committee on Commerce and Tourism.
Motion by Councilmember Read, supported by Councilmember Robson, to approve the letter as presented.
AYES: Councilmembers Relan, Read, Hodges, Robson, McConnell, and Fluitt and Mayor Denner
NAYS: None
The letter reads as follows: Dear Commerce & Tourism Committee members:
We, the Grosse Pointe Park City Council, are writing to oppose House Bill 4722. This one-size- fits-all legislation places an undue burden on communities like ours. We are a city of 11,555 residents. Approximately 21% of our property parcels are rental properties. That accounts for roughly 13.5% of our taxable totals. The overwhelming majority of our residents are homestead property taxpayers. We are not a resort community whose economy is dependent on tourism.
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By charter, we are a residential, suburban community:
"In ordaining and establishing this Charter we do hereby declare that this community is, and always has been, predominantly a suburban residential area and we do hereby counsel all officials of the city to discharge their official duties in such manner as to protect and further such residential character of the community." (Preamble, Charter – Grosse Pointe Park, Approved by Electors: December 11, 1950).
We are a dense inner-ring suburb (5000+ residents per square mile). We are neighbors who are bound together by institutions like schools, houses of worship, little league, and parks. House Bill 4722 will have the unintended effect of destroying the character of communities like ours in favor of nonresident owners. This bill would not allow our city to determine the number of short-term rentals permitted, the numbers of days a property could be rented, or otherwise enact zoning ordinances to protect our community.
House Bill 4722 puts in place a preemption upsetting the delicate balance between property rights and the established, transparent process for local decision-making. The Michigan Zoning Enabling Act establishes the process for local government to draft regulations driven by public input through an open process. House Bill 4722 undermines that process and removes the voice of local citizens, rendering local government powerless to respond and act.
Our residents look to us, its elected body, to establish and maintain community standards, including protecting the property rights of all residents. The proliferation of short-term rentals in communities like ours present a host of issues, including destabilizing neighborhoods and depleting enrollment in our local schools. We are facing declining enrollment in our local school district; this legislation would only exacerbate the problem. This is a community of neighborhood schools and sidewalks. Our non-homestead properties are filled with renter- residents who are part of the fabric of our community. They are college and graduate students, professionals and tradespeople, families with school age children, empty-nesters and seniors who choose to be close to family and amenities.
In 2019, the Michigan State Housing Development Authority forecast a housing shortage of 150,000 homes in Michigan by 2045. The housing shortage will be felt where people live and work, in cities, neighborhoods, bedroom communities, and suburbs. We would all be affected by this legislation and powerless to determine and set our community standards.
Please help maintain the integrity of our community and defeat this bill as written.
We request that this letter be entered into the official committee record.
Respectfully submitted,
The City of Grosse Pointe Park
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NEW BUSINESS: ETHNIC INTIMIDATION ORIDNANCE DISCUSSION
Mayor Denner asked Councilmember McConnell to introduce the topic as the requestor.
Councilmember McConnell stated that she requested the topic based on the ongoing concerns regarding the display of the KKK flag on the 1300 block of Wayburn and the inability of the Wayne County Prosecutor to press charges based on the current laws in place. She stated that she has done preliminary research to see what can be developed for our City to create better accountability and penalties for individuals who seek to harass and intimidate residents within the City. She would like the topic referred to the Ordinance Review Committee for further consideration and discussion.
Mayor Denner expressed concern that this is a new area of law for Michigan and would prefer that a larger city be the first to develop it. He stated that the effort to develop appropriate language and the potential cost for defending legal challenges to the new ordinance would tax the resources of a small city such as Grosse Pointe Park.
Councilmember Read agreed that the Ordinance Review Committee would investigate and discuss the topic further.
NEW BUSINESS: COUNCIL COMMENT
Mayor Denner stated that he wanted to clarify for the community the City’s role in the future of Trombly Elementary School property. The City is not involved, and the final decision will ultimately be made by the Grosse Pointe School System as the property owners. The property can continue to be used by the school system, however, a change in use would be subject to city zoning requirements.
Councilmember Hodges stated that as the Councilmember for Finance, she will be working with City Administration on the development of a reserve policy to bring back to City Council for further consideration in the future.
Councilmember Read stated that she would like to see the budget be utilized as a living document and requested a quarterly budget report be provided to City Council moving forward.
Councilmember Robson thanked the Department of Public Safety in honor of National Police Week.
Councilmember Relan stated ongoing concern with traffic issues around the Schools and requested an increase Public Safety presence during drop-off and pick-up.
PUBLIC COMMENT (NON-AGENDA ITEMS)
14
City Manager Sizeland started no written comments were received.
Three residents made verbal comments.
Motion by Councilmember Relan, supported by Councilmember Read, to adjourn the meeting.
AYES: Councilmembers Relan, Read, Hodges, Robson, McConnell, and Fluitt and Mayor Denner
NAYS: None
With no further business, the meeting adjourned at 9:45 PM.
15
City Council Meeting June 14th, 2021
TITLE: Approval of Transportation Agreement between DATE: June 4, 2021 PAATS and The Helm SUMMARY: The attached agreement is to continue the ongoing relationship between PAATS and The Helm for transportation services. In order for the PAATS Board to be able to approve the agreement, all member community City Councils need to approve the attached agreement. The agreement has already been reviewed by all member community attorneys and the Helm board. The PAATS Board would like to have the agreement signed and in place by July 1st.
FINANCIAL IMPACT: None
RECOMMENDATION: Approve the transportation agreement as presented PREPARED BY: TITLE: Assistant to the City Manager and Leah Smith Grosse Pointe Park PAATS Board Rep.
TRANSPORTATION SERVICE AGREEMENT
This TRANSPORTATION SERVICE AGREEMENT (the “Agreement”), is dated and made effective as of this 1st day of July, 2021 (the “Effective” Date), by and between the POINTE AREA ASSISTED TRANPSORTATION SERVICE, a Michigan non-profit corporation having an address of 158 Ridge Road, Grosse Pointe Farms, Michigan 48236 (“PAATS”), and THE HELM AT THE BOLL LIFE CENTER, a Michigan non-profit corporation having an address of 158 Ridge Road, Grosse Pointe Farms, Michigan 48236 (hereinafter called the “Contractor” or “The HELM”). PAATS and Contractor shall collectively be referred to as “the Parties”.
WHEREAS, the Member Communities of PAATS include the cities of Grosse Pointe, Grosse Pointe Farms, Grosse Pointe Woods, Grosse Pointe Park, Harper Woods and the Village of Grosse Pointe Shores, a Michigan City (collectively the “Member Communities”); and
WHEREAS, PAATS operates a community Bus System for elderly and disabled residents of the Member Communities (the “Bus System”); and
WHEREAS, PAATS desires to engage the Contractor to perform certain services for the Bus System, as described herein and as more specifically described in Exhibit A – Scope of Services attached hereto and made a part hereof (the “Services”); and
WHEREAS, the Contractor desires to perform the Services for PAATS in accordance with this Agreement, which includes any and all Exhibits and attachments referenced herein; and
WHEREAS, the Contractor has the requisite skills necessary to assist PAATS and represents that it is fully qualified and capable of performing the Services required hereunder upon the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements hereinafter set forth, the Parties agree as follows:
1. Engagement of Contractor. PAATS hereby engages the Contractor and the Contractor agrees to perform the Services in accordance with the terms and conditions contained in this Agreement, during the period commencing with the Effective Date of this Agreement and concluding on June 30, 2024 (the "Contract Term"), unless the Contract Term is otherwise extended in writing by PAATS pursuant to any renewal terms set forth in Exhibit A – Scope of Services or pursuant to agreement between the Parties.
2. Independent Contractor. The relationship of the Contractor and PAATS shall be that of an independent contractor and no liability or benefits, such as retirement benefits or liabilities, pension rights or liabilities, holiday pay, sick pay, vacation pay, personal injury or property insurance rights or liabilities, or such other rights, provisions, or liabilities arising out of a contract of hire or employer/employee relationship either express or implied shall arise or accrue to either party as a result of this Agreement and undertaking.
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3. Compensation. PAATS agrees to pay the Contractor for the proper performance of the Services, and any additional services that may be required by PAATS, in accordance with the terms of Exhibit A.
4. Assignment. Contractor shall not assign, subcontract or transfer its rights, duties, obligations and interest in this Agreement without prior written approval by PAATS.
5. Subcontractors. None of the Services covered by this Agreement shall be subcontracted without the prior written approval of PAATS.
6. Licenses. The Contractor shall maintain, at PAATS’ sole cost and expense, any and all licenses, permits, registrations, certifications and any other documentation required by any governmental and/or regulatory agency, in order for Contractor to perform the Services in compliance with all applicable laws and regulations.
7. Event of Default. The following acts and/or omissions shall constitute a default and material breach of this Agreement by the Contractor and shall be deemed an Event of Default if not cured within five (5) days after written notice of default has been sent to the Contractor, provided however, that if the default is such that more than (5) days is required for a cure, then Contractor shall not be in default if it commences to cure the default within the five (5) day period and thereafter diligently prosecutes the same to completion:
a. Failure to comply with any of the terms and conditions of this Agreement; and/or b. Failure to begin the Services in accordance with the terms of this Agreement; and/or c. If the Contractor, in the judgment of PAATS, is unnecessarily or unreasonably or willfully delaying the performance and completion of the Services; and/or d. The Contractor abandons the Services to be undertaken; and/or e. PAATS is of the opinion that the Services cannot be completed within the time provided, where in PAATS judgment, the delay is attributable to conditions within the Contractor’s control; and/or f. The Contractor assigns, transfers, conveys or otherwise disposes of this Agreement, in whole, or in part, without prior approval of PAATS; and/or g. The Contractor violates any law, charter provision, ordinance, rule, regulation, governmental order or directive; and/or h. The filing of a voluntary or involuntary petition in bankruptcy or for reorganization or an arrangement, or an assignment for the benefit of creditors, or the adjudication of the Contractor as being bankrupt or insolvent, or the appointment of a receiver of, or for the Contractor if such appointment, adjudication, or similar order or ruling remains in force or unstayed for a period of thirty (30) days, or Contractor admits in writing its inability to pay its debts generally as they become due; and/or i. The performance of the Services, in the reasonable judgment of PAATS, is substandard, unprofessional or faulty and not adequate to the demands of the Services to be performed; and/or j. The Contractor ceases to conduct business in the normal course.
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In the Event of Default by the Contractor, PAATS shall be entitled to exercise any and all remedies available at law and/or in equity, including, but not limited to the right to seek and sue for damages, any costs incurred to enforce, or attempt to enforce this Agreement, including reasonable attorney fees, which enforcement shall not be limited, and may include appeals of any decisions in lower courts, as well as collection efforts thereafter.
8. Termination By PAATS. PAATS may terminate this Agreement, in whole or in part, in the Event of Default hereunder, upon giving written notice of termination (herein called "Notice of Termination") to the Contractor at least fourteen (14) days before the effective date of the termination, unless emergency circumstances require that the Agreement be terminated sooner. PAATS may in all events terminate this Agreement upon sixty (60) days prior written notice to Contractor; provided, however, that PAATS will compensate Contractor for reasonable expenses incurred by Contractor in operating the Bus System prior to the effective date of termination as well as any non-cancellable reasonable expenses incurred by Contractor before notice of termination.
9. Termination By Contractor. Contractor shall have the right to terminate this Agreement in the event PAATS violates any material term or condition of this Agreement. Contractor may exercise its right of termination by serving written notice of such intention to terminate at least fourteen (14) days in advance of the effective date of the termination. PAATS shall have a period of seven (7) days following receipt of such written notice to cure to the satisfaction of Contractor any such material breach. Contractor may in all events terminate this Agreement upon sixty (60) days prior written notice to PAATS.
10. Conflict of Interest. The Contractor warrants and covenants that it does not have and that it will not have during the performance of this Agreement, any direct or indirect proprietary or other interest in any concern, business or entity which would conflict in any manner or degree with the performance of the Services under this Agreement. The Contractor further warrants and covenants that no officer, commissioner, member or employee of PAATS or any other public official who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this established Services Agreement has any personal or financial interest, direct or indirect in this Agreement or the proceeds hereof.
11. Indemnification. The Contractor agrees to indemnify and hold harmless PAATS against and from any and all liabilities, obligations, damages, penalties, claims, costs, charges, losses and expenses (including, without limitation, fees and expenses of attorneys, expert witnesses and other consultants) which may be imposed upon, incurred by or asserted against PAATS by reason of any acts of the Contractor and/or its Employees, during the term of this Agreement. In the event any such claims shall be brought against PAATS, the Contractor, shall at the Contractor's sole cost and expense, resolve or defend the same, with counsel of the Contractor's choice, provided said counsel is acceptable to PAATS; or if Contractor’s counsel is not acceptable to PAATS, PAATS may select its own legal counsel to defend the claims and Contractor shall pay all fees, costs and expenses associated therewith. Contractor’s indemnification herein shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor, including any limitation that may be applicable under workers' compensation acts or other employee benefit acts. Contractor agrees that Contractor’s indemnification herein
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includes the requirement for Contractor to pay any deductible incurred by PAATS regarding any insured claims.
12. Insurance. Contractor agrees to ensure that liability, workers compensation and other insurances as set forth in the SMART Contract Insurance Requirements Summary as amended from time to time, are secured on behalf of PAATS for the Bus System and it shall cause PAATS, the Member Communities and SMART to be named as additional insured and/or loss payees under such insurances, as applicable. Contractor shall also obtain directors’ and officers’ liability insurance for PAATS covering its operation of the Bus System. Contractor shall annually, and at any time upon request, provide PAATS with Certificates of Insurance for the insurance coverages required herein.
13. Notices. All notices, consents, approvals, requests, reports and other communications (herein collectively called "Notices") required or permitted under this Agreement shall be in writing and addressed as follows:
If to PAATS: PAATS c/o Village of Grosse Pointe Shores, a Michigan City 795 Lake Shore Road Grosse Pointe Shores, MI 48236 Attention: Robert Barrette, Chairman Email: [email protected]
If to Contractor: The Helm 158 Ridge Road Grosse Pointe Farms, Michigan 48236 Attention: Lynda Altovilla, Director of Finance Email: [email protected]
14. Equal Opportunity. Contractor shall comply with all federal, state, and local laws, ordinances and executive orders relating to nondiscrimination, and shall not discriminate against any employee or applicant for employment because of race, creed, color, national origin or sex, and shall not deny the services to be rendered under this Agreement to any person because of race, creed, color, national origin, sex or handicap.
15. Further Documents and Action. The Parties hereto agree that at any time or from time to time after the execution of this Agreement, they shall, upon request of the other, execute and deliver such further documents and do such further actions and things as may be reasonably requested in order to fully affect the purposes of this Agreement.
16. Applicable Law and Venue. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Michigan. Any disputes hereunder shall be litigated in the State or federal courts, as applicable, located in Wayne County, Michigan.
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17. Entire Agreement. This Agreement embodies the entire agreement and understanding by and among the Parties relating to the subject matter hereof, and this Agreement may not be amended, waived or discharged, except by an instrument in writing executed by both Parties.
18. Counterparts. This Agreement may be executed in any number of counterparts, none of which may have been executed by all the Parties hereto, each of which shall be deemed an original, and all of which when taken together shall constitute one and the same instrument.
19. Severability. Whenever possible, each provision of this Agreement and all related documents shall be interpreted in such a manner as to be valid under applicable law, but to the extent any provision is invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remainder of such provision or the remaining provisions of this Agreement.
20. No Waiver of Rights. No failure or delay on the part of any Party hereto in the exercise of any power or right hereunder shall operate as a waiver of such power or right with respect to any other term, provision, or condition hereof and all rights and remedies hereunder are cumulative and shall not be deemed exclusive of any other rights or remedies provided by law. PAATS reserves and shall have any and all rights and remedies provided in this Agreement and at law or in equity, including, but not limited to the equitable remedy of specific performance.
21. Exhibits. Any documents, exhibit, and/or schedule referenced herein as a part of this Agreement shall be deemed to have been incorporated herein.
22. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the heirs, legal representatives, successors and assigns of the Parties hereto.
23. Headings. All section and paragraph headings are for quick reference and convenience only and do not alter, amend, explain, or otherwise affect the terms and conditions appearing in this Agreement.
24. Amendment. No amendment or modification of this Agreement shall be valid or binding on the Parties unless made in writing and signed on behalf of each of the Parties by their respective duly authorized representatives.
25. Anti-Kickback and No Bribes. Contractor and Contractor’s Employees, are prohibited by law and this Agreement, from (i) inducing any person working for PAATS and/or in connection with the Services to give up any of their compensation for Contractor’s performance hereunder, or (ii) from paying or accepting any bribe in connection with securing this Agreement or in connection with performing under the terms of this Agreement. Contractor shall specifically require Contractor’s Employees and any others engaged and/or retained by Contractor to agree in writing to abide by these provisions.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first above written.
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CONTRACTOR: THE HELM PAATS:
By: By:
Its: Its:
Dated: Dated:
ACKNOWLEDGED AND APPROVED:
GROSSE POINTE SHORES
By: ______(Signature)
______(Printed Name)
Title: ______
Dated: ______
GROSSE POINTE FARMS
By: ______(Signature)
______(Printed Name)
Title: ______
Dated: ______
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GROSSE POINTE WOODS
By: ______(Signature)
______(Printed Name)
Title: ______
Dated: ______
GROSSE POINTE PARK
By: ______(Signature)
______(Printed Name)
Title: ______
Dated: ______
GROSSE POINTE
By: ______(Signature)
______(Printed Name)
Title: ______
Dated: ______
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HARPER WOODS
By: ______(Signature)
______(Printed Name)
Title: ______
Dated: ______
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TRANSPORTATION SERVICE AGREEMENT
EXHIBIT A – SCOPE OF SERVICE
SERVICES:
Contractor hereby agrees to perform the following services in connection with this Agreement:
1. Manage and operate the Bus System for the Member Communities in an area bounded by Gratiot Avenue, 11 Mile Road, Chalmers Avenue and Lake St. Clair/Detroit River, plus several “Site Specific” locations, Monday through Friday, 7:00 a.m. to 4:00 p.m., the Contractor’s observed major holidays excluded, using buses loaned to PAATS by the Suburban Mobility Authority for Regional Transportation (“SMART”).
2. Undertake responsibility for housing the buses or to have one or more of the buses housed at the municipal facilities of the Member Communities.
3. Operate the Bus System in accordance with the reporting, vehicle servicing and other operating requirements set forth in the SMART Community Transit Manual, attached to and incorporated herein as Exhibit B.
4. Accounting, including payroll processing, accounts receivable, accounts payable, reconciliations, audit support and board reports.
5. Dispatch, including wages and benefits.
6. Daily management of service support, including reports to SMART and Wayne County CDBG.
7. Office rent.
8. Cooperate with PAATS in the employment of appropriate personnel to operate the Bus System.
9. Perform such other duties as assigned by PAATS to ensure that all contractual and regulatory responsibilities imposed by SMART or by applicable law or regulations relating to the operation of the Bus System are met.
10. Maintain a central business office and dispatching service and maintain a local telephone number for dispatching, scheduling of bus service, inquiries and complaints.
11. Provide PAATS with a copy of Contractor’s annual audited financial statements for each fiscal year no later than 90 days following the end of such fiscal year or, if not then available, within seven (7) days of receipt by Contractor.
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12. Contractor will coordinate on PAATS behalf, the employment, termination, and interview/hiring responsibilities such that there will be no material lapse in service or operation of the Bus System.
13. Administer the day-to-day operation of the Bus System subject to applicable SMART contractual requirements and other legal regulatory requirements concerning the operation of the Bus System, and subject further to the general oversight of the PAATS Board of Directors.
14. Financially account to PAATS on a quarterly basis or at such other times as may be requested of Contractor by the PAATS Board of Directors.
15. Maintain the accounting records of PAATS in accordance with Generally Accepted Accounting Principles.
16. Coordinate on PAATS behalf, the engagement of a suitable auditing firm to complete the annual audited financial statements as required by the State of Michigan.
17. Prepare all of the regulatory paperwork for review and approval by the PAATS Board of Directors. Once approved and signed, Contractor shall file the paperwork with the appropriate agencies on behalf of PAATS.
18. Retain all documents related to the operation of PAATS in accordance with applicable state and federal record retention schedules.
19. Prepare and present balanced draft budgets as necessary (i.e. PAATS’ Annual SMART Budget) for review and approval by the PAATS Board of Directors.
20. Address any complaints concerning the Bus System received by Contractor, and refer complaints to the PAATS Board to be reviewed for potential further action.
21. Ensure that each vehicle operator shall have all required licenses, including, if required, a valid Michigan Chauffeur’s License, Federal Transit Administration (FTA) and MDOT Licenses, and all other applicable federal and state licenses, and shall be able to produce licenses upon request from a law enforcement officer.
22. Bus Service required under this Agreement shall be curb to curb only. Each vehicle operator shall be clean, neat and courteous and shall assist all passengers who require help into and out of the vehicles. Contractor shall make special efforts for handicapped persons, including semi-ambulatory and wheelchair users, equal to the services provided to other riders provided for under this Agreement, consistent with the requirements of the Americans with Disabilities Act.
23. Contractor shall ensure PAATS complies with all rules and requirements of SMART and/or the MDOT, as set forth in the following, and as may be amended from time to time:
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a. SMART Community Transit Manual; b. SMART Contract Insurance Requirements Summary; c. SMART Community Partnership Program Contracts; d. SMART Specialized Services Contract; and e. Municipal Credit Contracts and Community Credit Contracts between SMART and each of the Member Communities.
24. Maintain the buses and other equipment used in the Bus System in safe and good operating condition at all times, and to have them serviced by SMART in accordance with the servicing guidelines and schedules set forth in the Community Partnership Program Agreements and in the SMART Community Transit Manual.
25. Ensure that liability, workers compensation and other insurances as set forth in the SMART Contract Insurance Requirements Summary as amended from time to time, are secured on behalf of PAATS for the Bus System and it shall cause the Contractor, the Member Communities and SMART to be named as additional insureds and/or loss payees under such insurances, as applicable.
26. Contractor shall obtain directors’ and officers’ liability insurance covering its operation of the Bus System.
27. Contractor shall account to PAATS and SMART for the use of the Funding Sources and the operation of the Bus System quarterly, or more frequently as may be required in the SMART Community Transit Manual. Among other things, Contractor shall generate a quarterly report showing expenses (payroll, allocations for fringe benefits and insurance, and all other expenses), as well as fare revenue and other income (i.e. Income Statement). Contractor shall itemize in the quarterly report those CDBG monies and SMART Municipal Credits and Community Credits received directly or indirectly for the fiscal year in which the quarterly report had been issued. PAATS shall provide monthly bank statements to Contractor, so that a quarterly report of PAATS’ assets can be generated by Contractor. Contractor and PAATS acknowledge and agree that Contractor may regularly interface directly with SMART, and it may agree with SMART, from time to time and as needs arise, to the provision of new, additional and/or alternate buses to be used in the operation of the Bus System; and that Contractor may agree with SMART to the placement of advertising on the buses.
28. Upon termination of this Agreement, cooperate with PAATS to ensure a smooth transition to a new operator.
LENGTH OF TERM: The Term of this Agreement shall commence as of the Effective date and continue for a period of three (3) years, unless terminated earlier pursuant to the provisions of this Agreement. PAATS may, in its sole discretion, extend the term of this Agreement on the same terms and conditions contained herein.
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COMPENSATION: PAATS shall pay Contractor for the Services provided in this Agreement from the following sources: annual assignment by the Member Communities to PAATS of their Municipal Credit Funds and Community Credit Funds made available to them by SMART; “Specialized Services Contract” funds made directly available by SMART to PAATS; State of Michigan General Fund Revenues; Community Development Block Grant (“CDBG”) Funds; and passenger Farebox Revenues (collectively, with any cash on hand in PAATS’ accounts, the “Funding Sources”). The Parties agree that the expenses incurred by Contractor in association with operating the Bus System shall be set forth in annual budgets approved by the PAATS Board of Directors.
PAATS shall make the Funding Sources available to pay Contractor as follows:
Management and Rent PAATS shall pay Contractor a monthly Management and Rent Fee in the amount of $2,500.00 for performance of the Services under this Agreement. The Management and Rent Fee may be increased upon mutual written agreement of the Parties
Expenses Expenses incurred by Contractor in fulfilling the Services required by this Agreement shall be billed by Contractor and paid monthly by PAATS in arrears:
(a) Expenses associated with operating the Bus System, including, but not limited to, compensation and statutorily required benefits paid to dispatchers or other employees or contractors retained by Contractor to perform services in connection with operating the Bus System;
(b) Expenses associated with housing the operation of the Bus System, including use and occupancy of Contractor’s facilities, utilities, use of furniture, fixtures and office equipment and supplies and parking for the buses;
(c) Administrative and management expenses associated with managing the Bus System, including supervision of employees; preparing required reports and accounting services.
• Contractor shall have day-to-day use of the PAATS’ Funding Sources for the operation of the Bus System as provided in this Agreement and shall maintain a separate PAATS’ bank account to hold the Funding Sources. Contractor shall pay all expenses associated with the
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Council Meeting June 14, 2021
TITLE: 4-Way Stop Signs; Westchester / DATE: June 10, 2021 Avondale; Westchester / Fairfax
SUMMARY: Currently, the above intersections are part of the Safe-Routes to School plan and are not designated as 4-Way Stops. There are two legal options available to get the signs in place:
- The first is to follow the Michigan Manual of Uniform Traffic Control devices (Section 2B.07) Multi-way Stop Applications. This section requires an engineering study and takes into consideration the number of traffic crashes, total volume of traffic, along with other required criteria (Attached). The original Safe-Routes plan showed that these two intersections did not meet the requirements for Section 2B.07.
- The second option is for city council to put forward a motion and designate the above intersections as 4-Way Stops which will keep all Safe-Routes consistently signed in the interest of school safety.
FINANCIAL IMPACT Approximately $600-$700
RECOMMENDATION: Option #2 (Council Motion and Designation)
PREPARED BY: James Bostock TITLE: Lieutenant
Michigan Manual of Uniform Traffic Control devices Section 2B.07 Multi-Way Stop Applications
Support: 01 Multi-way stop control can be useful as a safety measure at intersections if certain traffic conditions exist. Safety concerns associated with multi-way stops include pedestrians, bicyclists, and all road users expecting other road users to stop. Multi-way stop control is used where the volume of traffic on the intersecting roads is approximately equal.
02 The restrictions on the use of STOP signs described in Section 2B.04 also apply to multi-way stop applications.
Guidance: 03 The decision to install multi-way stop control should be based on an engineering study.
04 The following criteria should be considered in the engineering study for a multi-way STOP sign installation:
A. Where traffic control signals are justified, the multi-way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal. B. Five or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. Such crashes include right-turn and left-turn collisions as well as right-angle collisions. C. Minimum volumes:
1. The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day; and 2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor-street vehicular traffic of at least 30 seconds per vehicle during the highest hour; but 3. If the 85th-percentile approach speed of the major-street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the values provided in Items 1 and 2. D. Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 are all satisfied to 80 percent of the minimum values. Criterion C.3 is excluded from this condition.
Option: 05 Other criteria that may be considered in an engineering study include: A. The need to control left-turn conflicts;
B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes;
C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required to stop; and
D. An intersection of two residential neighborhood collector (through) streets of similar design and operating characteristics where multi-way stop control would improve traffic operational characteristics of the intersection
CITY OF GROSSE POINTE PARK PROCLAMATION DESIGNATING JUNE AS LGBTQ PRIDE MONTH
Whereas, the City of Grosse Pointe Park supports the rights of every citizen to experience equality and freedom from discrimination; and
Whereas, all people regardless of age, gender identity, race, color, religion, marital status, national origin, sexual orientation, or physical challenges have the right to be treated on the basis of their intrinsic value as human beings; and
Whereas, in support of the city’s commitment, a Non-Discrimination Ordinance was adopted by the City Council on June 8th, 2020 making these rights the law of the city; and
Whereas, the City of Grosse Pointe Park accepts and welcomes people of diverse backgrounds and believes a diverse population leads to a more vibrant community; and
Whereas, the Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) communities contribute to the cultural, civic and economic successes of the City of Grosse Pointe Park; and
Whereas, US Presidents from both major parties, the Federal government, the State of Michigan, and multiple municipalities have, over the last 20 years, regularly recognized June as LGBTQ Pride Month
Now, therefore, be it resolved, I, Mayor Denner and the members of the Grosse Pointe Park City Council hereby proclaim June 2021 as LGBTQ Pride Month in Grosse Pointe Park, Michigan and encourage our residents to reflect on the ongoing struggle for equality members of the LGBTQ community face and celebrate the contributions that enhance our city.
______Dated: June 14, 2021 Robert W. Denner, Mayor
Council Meeting June 14, 2021
TITLE: Proposed Ordinances #224 & #225 DATE: 6/10/2021
SUMMARY: Upon review clarification was needed to reflect current status of residents with dog walking passes at Patterson and Windmill Pointe Park. The new Ordinance will allow those to continue walking their dogs at both parks daily upon dates and times reflected in the ordinance. Once the Patterson Park Dog Park opens, Dog Walking Passes will only be permitted at Windmill Pointe Park.
In review of our ordinances the Public Safety Department noted 16-2 “Begging” within Chapter 16 of Offenses is unconstitutional according to the US Court of Appeals, Sixth Circuit Court. A replacement Ordinance for Panhandling is attached for the Councils review and consideration.
FINANCIAL IMPACT: None
RECOMMENDATION: Adopt Recommended Ordinance Changes
PREPARED BY: Nick Sizeland TITLE: City Manager
CITY OF GROSSE POINTE PARK Ordinance No. 224
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF GROSSE POINTE PARK BY REVISING AND AMENDING CHAPTER 17, SECTION 17-18, OF THE CODE OF THE CITY OF GROSSE POINTE PARK RELATING TO DOGS IN THE PARKS,
THE CITY OF GROSSE POINTE PARK ORDAINS:
Section 1. Section 17-18 of Chapter 17 of the Code of the City of Grosse Pointe Park is amended to read as follows:
Sec. 17-18. Dogs.
(a) [Unchanged]
(b) Exceptions.
1.-3. [Unchanged.]
4. Effective upon the opening of the Patterson Park Dog Park, dog walking passes will only allow for the walking of dogs at Windmill Pointe Park. Owners who have received a dog-walking pass from the Parks & Recreation Department may walk their dogs at Windmill Pointe Park during the following time periods:
(i) January 1 until the Friday before Memorial Day - daily, during park hours;
(ii) Memorial Day weekend through Labor Day, daily - prior to 9:00 a.m.;
(iii) and after Labor Day weekend until December 31 - daily, during park hours.
Dog walking pass holders shall comply with the rules and regulations promulgated by, and that are in the sole discretion of, the Parks and Recreation Department and the City Manager. Prior to the Dog Park opening, these requirements, rules, days and times will also apply to Patterson Park.
5.-6. [Unchanged.]
This ordinance shall take effect ______, 2021 CITY OF GROSSE POINTE PARK Ordinance No. 225
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF GROSSE POINTE PARK BY REVISING AND AMENDING CHAPTER 16, SECTION 2, OF THE CODE OF THE CITY OF GROSSE POINTE PARK RELATING TO THE OFFENSE OF PANHANDLING,
THE CITY OF GROSSE POINTE PARK ORDAINS:
Section 1. Section 16-2 of Chapter 16 of the Code of the City of Grosse Pointe Park is amended to read as follows:
Sec. 16-2. – Panhandling. (a) Except as otherwise provided in this code of ordinances, or as otherwise authorized by law, no person shall beg or solicit for the immediate payment of money or goods from another person under any of the following circumstances: (1) Within twenty (20) feet of a bank or automated teller (ATM) machine. (2) By soliciting a patron at a sidewalk café without first having obtained the permission of the operator of the café. (3) By knowingly making a false and misleading representation in the course of a solicitation. (4) In a manner that would constitute aggressive begging, which shall mean any of the following: (i) Touching the solicited person without that person's consent; (ii) Blocking the path of the person being solicited, or the entrance to any building or vehicle; (iii) Engaging in repeated requests after a refusal by the person being solicited; (iv) Following behind, alongside or ahead of a person who walks away from the solicitor after having been solicited; or (v) Using abusive language, either during the solicitation or following the refusal to donate, and making any statement, gesture, or other communication that would cause a reasonable person to be fearful or feel compelled to make a donation. (b) This provision is intended to protect persons from threatening, intimidating, or harassing behavior, to keep public places safe for use by all members of the community, and to maintain and preserve public places as places where all of the community can interact in a peaceful manner. This provision is also intended to facilitate the free flow of pedestrian and vehicular traffic on streets and sidewalks within the City. While the City finds that aggressive acts associated with solicitation and begging can interfere with the free flow of traffic and intimidate persons in public places, it is not the intent of the City to limit persons from exercising their constitutional right to solicit funds or engage in other constitutionally protected activities. The provision is intended to protect the First Amendment rights of all people within the City, as well as the rights of non- participating people and their property, and to insure they will be free from duress and/or fraud to the extent possible
State Law reference— Such person defined as a disorderly person, MCL 750.167(1)(h).
This ordinance shall take effect ______, 2021
2 Bodman_17786336_1
Council Meeting June 14, 2021
TITLE: House Demolition Discussion DATE: 6/10/2021
SUMMARY: Discussion topic requested by Councilmember Relan
FINANCIAL IMPACT: None
RECOMMENDATION: None
PREPARED BY: Nick Sizeland TITLE: City Manager