New Buffalo City Council approves requests to vacate rights of way

After two brief public hearings, the New Buffalo City Council approved requests to vacate two rights of way, one on South Clinton Street and one on South Kenzie Street, Tuesday, Feb. 21.

The South Clinton Street vacation is for a platted portion between West Detroit Street and the city limits. Kimberly Landess and Mary Robertson had requested the vacation on behalf of the James O. Motycka Living Trust, the owner of a landlocked lot at 315 S. Clinton Street. By vacating a 15-foot-wide stretch, the property can connect to utilities.

Councilmember Mark Robertson abstained from the council vote and explained that, while his name is not on property documents, he had been advised not to vote on the issue to avoid a potential conflict of interest due to being married to the applicant Mary Robertson.

The South Kenzie Street vacation is also for an undeveloped street. City manager Darwin Watson explained the area abuts the New Buffalo High School track and football field and there have been safety concerns regarding trees growing in the platted area. He said the school is also planning to develop a trail to connect Oselka Park, to the north of the school field, and planned recreational facilities along Clay Street.

Bob Gino, who owns lots to the west of the area in question, told the council one of his lots has a Kenzie address and is currently only accessible through the adjacent apartment complex parking lot. He asked what would need to be done if he ever sold the landlocked lot. Mayor John Humphrey said Gino would need to cede an easement, which Watson said would not be expensive.

The council untabled a discussion from their January meeting regarding a proposal for strategic planning from consultant Lewis Bender, Ph.D. The proposed planning is intended to set short-term goals and create a proactive approach to projects. Watson said the sessions Bender offers are $3,000 each, but the council could arrange a Zoom meeting with Bender at no charge to learn more about what he does.

Robertson said he was willing to join the meeting with Bender, but he did feel the

BY THERESE DONNELLY

city should focus on spending money to improve roads.

The council also discussed a proposal from public relations firm Civic Savvy to provide PR services, including social media strategy, a city newsletter and other services for $775 a month or $9,300 a year. Robertson again opined the city should focus its money on improving roads. He questioned if the work could be done by the city. Humphrey said the city staff is already “stretched to the wall” handling duties.

The council tabled a decision.

Downtown events are being planned. The council approved special event applications for the seasonal farmers market and New Buffalo Business Association’s new “Spring into Summer” weekend.

This year’s farmers market will be Thursday evenings from 5 to 8 p.m. at the vacant lot on Merchant Street between Whittaker and Thompson. The market will kick off June 8 and “Spring into Summer” will be June 9 through 11, with a variety of events throughout the weekend.

Tour de Shore, the 100-mile bike ride from Chicago to New Buffalo, is planned for June 17. The council spoke with organizers, but the special event application won’t be ready until the March meeting.

To comply with the State of Michigan Uniform Budgeting and Accounting Act, the council approved the 2023 budget amendments Watson presented. Watson explained the amendment ensures there is proper funding for expenditures not planned for in the original budget.

The council also approved the annual Poverty Exemption Resolution, providing property tax abatement to homeowners who met income guidelines established by the US Department of Housing and Urban Development. Qualifying income depends on the number of people in the family.

The Board of Review will meet in June to review the annual assessment roll and hear appeals. State law requires additional meetings in July and December to “correct clerical errors and mutual mistakes of fact.” The law requires these meetings be the Tuesday after the third Monday in July, and the Tuesday after the second Monday in December. Cities are allowed to establish alternate meeting dates. Watson explained some tax assessors work for multiple jurisdictions and need flexibility to attend all meetings. The council approved setting alternative meeting dates for the July and December meetings.

In 2022, sediment made it difficult to navigate the city harbor. The council approved a proposal from Seaworks for $8600 to perform a multibeam sounding of the harbor. Watson said this system will provide a better detailed mapping of the harbor. Councilmember Brian Flanagan commented the work must be done to allow boat traffic in the harbor.

The council also approved the purchase of new picnic tables for Lions Park pavilion and the municipal marina. Parks director Kristen D’Amico told the council the current tables are no longer usable. The new tables from Penchura LLC will cost a total of $24,970, including freight charges. D’Amico said the new tables are steel and maintenance free.

Later in the meeting, the council discussed plans for the public restrooms at the city beach. Last year the city placed porta potties at the beach when the restroom was unusable. D’Amico said the permanent restrooms had issues caused by tree roots affecting the sewer and old fixtures, and the Parks Department did not have staff to clean and maintain the facilities. She said the plumbing issues have been resolved. The council asked about renting or buying a portable restroom trailer but D’Amico explained it would be difficult to find a place accessible to a service truck that could connect to water and electricity. She added it would be additional work for staff to clean them and the trailer would need to be locked at night to deter vandalism.

A pump and motor at the city water filtration plant needs to be pulled, overhauled and reinstalled. Watson reported the pump was installed when the plant was built and has been in service for over 50 years. The repairs requested by water superintendent Ken Anderson normally last 12 to 15 years and the pump was last serviced in 2007. The council approved the work by Peerless Midwest for $36,525.

The council voted to approve the adoption of the Berrien County Hazard Mitigation Plan, which assesses and classifies local hazards, and develops plans to prevent or respond to hazards.

Humphrey said he had recently spoken with residents concerned with the possibility of a local event similar to East Palestine, Ohio, where a freight train derailment led to a hazardous chemical spill and the controlled release of vinyl chloride. Humphrey noted a similar derailment in New Buffalo would be even more harmful, as spilled chemicals would flow towards Lake Michigan. Robertson noted the council’s approval could be considered a form of strategic planning.

The council approved the submission of an application to the USDA Community Facilities Loan Program for $1,821,079.32 for the municipal marina project. The program provides low-interest loans for 30- to 40-year terms.

The council had a second reading of an amendment to Chapter 12 of the Code of Ordinances regarding dangerous and uninhabitable structures. Watson said the amendment will make enforcement of the ordinance more efficient.

The council briefly discussed the possibility of an electronic sign outside city hall to share information, but Watson said the Michigan Department of Transportation has restrictions to avoid distracting drivers. The council did not take any action.

The Pokagon Fund Executive Director Dan Petersen told the council applications for adult and graduating senior scholarships are being accepted until March 15. He also said the Pokagon Fund is partnering with New Buffalo Township and New Buffalo Township Fire Department for a shred day May 6 at the township public safety building to safely shred personal documents.

Before the council went into closed session to discuss legal strategy, Humphrey took a moment to mark the passing of deputy clerk Nancy Griffin. Humphrey said she was a “valued city employee” and expressed condolences to Griffin’s family and friends. He said the city staff will provide information regarding arrangements and flowers.

The New Buffalo High School girls’ basketball team looked razor sharp in a blowout victory at home Tuesday, Feb. 21.

The Lady Bison defeated Grace Christian 69-38.

It was easily the most points the Lady Bison have scored in a game all season.

Head coach Dave Kelly said it was also the best his players have executed, particularly in passing the ball to open shooters.

Execution and fundamentals are things the team has worked on extensively since the season began in December.

“It’s a concept that I think they picked up on tonight quite a bit,” he said.

New Buffalo went into halftime leading 35-22 but quickly put the game on ice during a flurry of scoring early in the third quarter.

Five of the six buckets after halftime were scored by seniors Sami