City Council approves condemning Detroit Street property

Following a public hearing on the matter, the New Buffalo City Council voted to condemn a residential property at 812 W. Detroit Street in order to ongoing issues related to the property’s sewer system at their Tuesday, Jan. 17, meeting.

Representing the Kerhoulas family, who owns the property, attorney John Wojcik told the council the family has attempted to remedy the situation but has been unable to get access through the occupants in order to have a plumber work on the line. He asked the council for 60 to 90 days to attempt to fix the problem. He said the occupants have not paid rent in several months.

Mayor John Humphrey asked if the owners don’t have the right to access the property. Wojcik said it was currently not possible without a breach of the peace.

When asked by the council, city manager Darwin Watson explained the city has no standing to intervene in a landlord-tenant issue and police chief Rich Killips said police cannot get involved as it is currently a civil issue.

Humphrey asked Wojcik why there has been no move to evict the tenants for non-payment of rent. Wojcik said that he could not say much due to attorneyclient privilege, but the Kerhoulas family had been advised not to by previous counsel.

Enforcement Officer Gail Grosse told the council that plumbers have entered the home but declined to perform the work due to conditions in the basement and no efforts have been made to access the sewer connection through the yard. She said the occupants have allowed inspectors to enter the home as part of registering the building for long-term rental.

Grosse also told the council that the Berrien County Health Department has issued a letter stating the property is in violation of the county’s sewage ordinance and gave 30 days to amend the issues.

Early in the discussion, Humphrey said he considered giving 10 days to address the issues, but after more information was shared, he told the rest of the council he felt it was best for everyone if the council immediately condemned the property and took steps to evict the occupants in order to move forward with abatement efforts.

The council agreed, approving the motion 5-0.

In a separate public hearing, the council discussed the city’s five-year recreation plan. Tony McGhee of Abonmarche gave a brief overview, explaining the city has formed a partnership with New Buffalo Township and the New Buffalo Recreation Authority to create a joint plan. McGhee said developing a shared plan saved all three entities money and time, but each has its own section independent of the other two.

Key points of the plan include maintaining and updating recreational areas, identifying funding sources, and developing new recreational opportunities and partnerships with organizations and neighboring municipalities.

McGhee told the council much of the public input was similar to results from surveys for the previous recreation plan in 2018.

“The community here is very, very consistent,” he told the council.

Later in the meeting, the council considered a request to purchase a sunshade for the public beach from Penchura, LLC. Parks director Kristen D’Amico explained the shade is needed because sewer repair work removed the tree previously providing the only shade at the beach concession stand.

Humphrey expressed hesitation to approve the $44,400 price tag, but said the parks fund has the money and city treasurer Kate Vyskocil had informed him the parks fund cannot be spent to help pay for sea wall improvements because the State of Michigan considers the parks fund to be a special revenue fund, which cannot be comingled with the marina’s enterprise fund.

D’Amico said that Penchura warranties its shades and will repair or replace any damaged parts.

While the council approved the request, Humphrey said he would like to commit to spending on other park improvements. Councilmember Roger Lijewski asked if it would be possible to move the Porta johns away from the concession. D’Amico said the issue would be finding a new location, as they may be knocked over by wind by placing them by the Galien River and placing them across the parking lot would create safety issues.

The council approved the purchase 4-1 with councilmember Mark Robertson dissenting.

Watson reported TJM Services has nearly completed work on the dune walk reconstruction. The council approved a payment request for $167,471.14. Watson said the total due is $186,607.90, with the city retaining 10% until a punch list is complete.

McGhee told the council an Abonmarche engineer had miscommunicated to TJM that nails could be used on an area where plans required screws. He said Abonmarche will pay for the correction to their error.

The council approved two special event applications for the start of summer. New Buffalo Areas Schools’ graduation ceremony will be June 3, and St. Mary of the Lake Catholic Church’s family festival will be May 2529.

To comply with the Michigan Publicly Funded Health Insurance Contribution Act, the council approved an 80-20 cost sharing model for city employee health insurance. Watson said compliance is required for Michigan Transportation Fund monies.

In order to give the city a long-term guide, Watson suggested the city engage Lewis Bender, Ph.D as a consultant to create and prepare a strategic planning proposal.

Humphrey said that the city already has a master plan and the newly approved recreation plan, but those are “very broad” and a strategic planning proposal could help plan and accomplish these plans.

Robertson suggested tabling the matter until the council can hear a presentation from Bender. Humphrey asked if the council could review a proposal Bender prepared for another municipality, which Watson said could be done.

Councilmember Vance Price said the $9000 consultant fee was less than many one-day speakers engaged for school presentations but he would like to hear directly from Bender before making a decision.

The council agreed to table the matter until February.

The council approved a recommended change to the city fee schedule. Watson explained the city currently does not charge for initial zoning request applications and charges $250 for regular variances and $500 for multi-family and commercial variances. At those amounts, he said, the city sometimes spends more on administrative costs than it takes in from an applicant.

Under the new schedule, there will be a non-refundable $100 application fee, $250 hearing fee and $1000 review fee.

Humphrey noted this will ensure tax money is not supplementing applications.

The council had the first reading of a proposed amendment to the Code of Ordinances, Chapter 12, which will exempt certain acceptable activities from needing permits.

The council discussed the effectiveness of Granicus software services for code enforcement. Humphrey said he still receives calls regarding complaints. Grosse said the Granicus hotline should be more publicized as she has noticed information flow is stagnant, with many people contacting her with the same questions, but Granicus has been helpful for tracking properties.

Prior to adjourning the meeting, Humphrey said the city needs to find more effective ways of communicating with the public.

BY THERESE DONNELLY

Latest phase for linear park project highlighted at township meeting

BY FRANCESCA SAGALA

Former Michigan City mayor wants old job back

The next phase in the Red Arrow Linear Park project, which will be an extension of the road diet on Red Arrow Highway and the shared use path from Union Pier (at Community Hall Road) to the light at U.S. 12, was presented during the New Buffalo Township Board’s Tuesday, Jan. 17, meeting.

The new section of the shared use path will connect to the county’s Galien River Park and to the township’s park and splash pad at New Buffalo Township Hall.

Marcy Hamilton, deputy executive director/senior planner at Southwest Michigan Planning Commission, said that she and Kevin Stack, engineer supervisor at the Berrien County Road Department, have been working to submit a Transportation Alternative Program (TAP) grant to MDOT through the county to finance the nonmotorized trail. She added that she found out the county just got awarded some Congestion Mitigation and Air Quality Improvement (CMAQ) money for $350,000.

The trail portion of the project is about $900,000 from Community Hall Road to township hall. Hamilton said she’s trying to verify if they can use the TAP and CMAQ money together. If so, both require a local 20% match. She didn’t know about the CMAQ money when she applied to the TAP and was hoping to reduce the TAP ask.

The entire project – which includes the trail and the road – will be about $2.5 million.

The project will involve taking the road to three lanes and repaving it.

The path will be extremely costly due to involvement of the Galien Bridge over the Galien River and the bridge over Amtrak, which Stack said are “very costly assets to get across.” Going down to three lanes involves a minimum buffer to maintain distance between the “traveling public and that path,” unless there’s a physical barrier. Stack said there’s no room on those bridges to maintain that 10-foot clear zone, so a physical barrier is needed.

No bridge work is necessary; however, the bridges must be modified to handle the pedestrian path which is “why you’re seeing an inflated cost.”

Stack said he was hoping the project would commence this summer or around Labor Day, where they’d work into the fall.

Board members approved a discretionary grant application to The Pokagon Fund for $360,00 for the Red Arrow Highway Linear Park.

Board members adopted the resolution officially adopting the Five-Year Park Plan.

The township worked in conjunction with the city of New Buffalo and the New Buffalo Area Recreational Authority on a joint plan, with each municipality having its own section.

Joelle Regovich of Abonmarche said that the township’s five-year plan expired last December and that a current plan Fis needed for a municipality to be eligible for funding with the MDNR. The plan will be submitted to the MDNR by Feb. 1.

Brian Hake from Kruggel Lawton gave a 2021-2022 audit presentation.

Hake said that, since the township has received the funds but not yet spent them and that the money is income that’s technically not earned until it’s spent, ARPA funds of about $207,000 are in the liability section.

The months of fund balance this year was 12.9 months compared to last year’s 12.0 months.

The General Fund had a positive year and ended with an increase of about $224,000, which includes transfers from some of the other funds. Hake said that without those, the fund would’ve had a deficit.

The proprietary funds (water, sewer and marina) had $4.6 million in cash between them. The equity investment, which is related to the township’s involvement with the Galien River Sanitary District, ended at about $4 million this year.

Hake said the water, sewer and marina funds all have some longer-term assets that ended up at just $9 million, which was a decrease of about $500,000 “due to depreciation of those assets.”

The water fund had a small decrease or loss of about $48,000, the sewer fund had a positive of approximately $251,000 and the marina fund “was basically break even with a loss of $814.”

Board members approved moving Alex Keen to the position of utility superintendent with the annual salary of $73,000 starting Jan. 29, with a $400 monthly vehicle stipend and three weeks of vacation starting on employee’s anniversary date. Board members approved moving Archie Barkman to the position of advisory utility superintendent at a weekly salary of $2,500 for him to continue operating under his license starting Feb. 1 until June 30 upon permission from MERS.

Board members approved paying temporary deputy clerk Judy Flick $20 per hour on as needed basis.

A pay increase of $27.50 per hour for utility worker Nick Jackson effective Jan. 29 was approved.

The sixth payment application for the replacement project for lift stations 51, 52 and 53 to Selge Construction for $36,155.19 was approved.

The Berrien County Hazard Mitigation Plan Resolution was adopted.

A resolution to allow residents to protest in writing to the board of review was adopted.

Board members adopted two resolutions with regards to setting alternate dates for the Board of Review: one for July 2023 and another one for December 2023.

Former two-term Michigan City Mayor Ron Meer is running for his old seat in what’s already a crowded field of Democrat candidates.

Meer announced his candidacy for the party’s nomination in the May primary Monday, Jan. 16.

Democrats Angie Nelson Deuitch and Michael Mack, who are both members of the city council, along with La Porte County Councilman Mark Yagelski and former city councilman Johnny Stimley have also entered the race.

So far, incumbent Duane Parry is the only Republican to enter the mayoral campaign.

Candidate filings opened Jan. 4 and close at noon Feb. 3.

Meer, who lost his bid for a third consecutive term by less than 100 votes to Parry in 2019, said he’s concerned about the “dangerous direction” in which the city is trending in areas like crime and economic development.

He said crime has risen substantially from the historic lows achieved at times while he was mayor.

Meer said more than $1 billion in public and private investments were made in the city during his tenure.

He also said plans to soon begin construction of three high rise apartments and hotel rooms on the city’s north end sprung from the efforts of his administration.

“I believe the city has been pretty stagnant for the past three plus years. It’s time to get back to the progress we had,” he said.

His promises included adding manpower and equipment at the police department to help bring down crime.

Meer also vowed to restore emphasis once placed on city services, tearing down dilapidated buildings, rehabilitating older homes, maintaining streets and other infrastructure.

He described the city under the current administration as “pretty stagnant.”

“It’s time for improvement and get back to the progress we had,” he said.

Meer ran for state senate last year in the District 4 race but finished last among four Democrats for the party’s nomination.

The party’s nominee, Rodney Pol, Jr. of Chesterton, went on to victory in November. — STAN MADDUX