New Buffalo City Council adopts new millage rates, approves 2022-2023 budget draft

BY THERESE DONNELLY

City property owners may see a drop in their property taxes after the New Buffalo City Council approved new millage rates for the 20222023 fiscal year.

During the May 16 regular meeting, city manager Darwin Watson told the council the city was using a new, “better calculator” to set millage rates. Under the new system, the general operation millage, originally set at 20.0 mills, will be reduced to 9.7631; the parks millage, originally voted for at .4599, will be .4391 and the streets/roads millage, originally voted for at .2431, will be .2386.

The council also approved the 20222023 budget draft. Watson said this year there will be a planned deficit, due to Covid-19 restrictions that caused delays in several projects due to supply chain issues and difficulty hiring contractors. Humphrey noted the city has more than nine months of operating costs in surplus- much higher than the recommended three-month surplus.

To comply with the State of Michigan Uniform Budgeting and Accounting Act, the council approved the 2021-2022 amended budget.

Watson informed the council that the city council meeting procedure rules needed to be amended as some pertinent state laws have changed since the rules were last updated in 2016. The rules were compiled to give councilmembers a reference guide. At the request of the New Buffalo Area Recreation Authority, the council approved vacating an undeveloped right-of-way between Clay and Detroit streets, alongside New Buffalo Area Schools’ track and football field. The NBARA stated in its request that the trees in the right-of-way pose a potential threat to people using the west end of the field.

Councilmember Roger Lijewski said when he served on the New Buffalo Area Schools Board, tree roots from the right-ofway caused damage to portions of the track. The NBARA is also in the process of updating a fiveyear recreational plan, as the current one runs out in August. Abonmarche Engineering submitted a proposal to do update work on the plan. Abonmarche’s total proposal is $34,500, with each entity in the NBARA paying one third of the cost. The council approved the proposal, with the city’s portion totaling $11,500.

In order to improve its technology system, the council approved a contract with the City of South Haven for IT services. Police Chief Rich Killips explained that the current IT contractor provides good service, but is not familiar with the specialized needs of a municipality. South Haven has a dedicated staff that knows government requirements, he said.

As part of the contract, South Haven will provide up to 16 hours of onsite work per week, and use of some hardware assets. The city will pay South Haven $42,500 for the annual contract.

Killips said the South Haven staff has experience in dealing with government technology issues such as ransomware.

The city will renew its lease with New Buffalo Development Properties, LLC for the use of four lots in the downtown area. As part of the effort to alleviate parking issues, the city will change existing parking on East Mechanic Street to three-hour parking. One of the leased lots will be used for paid parking and another as parking for employees at downtown businesses. The other two lots will be used as parks or event space. The lease is at no cost to the city.

The Department of Public Works has reported issues with unauthorized people coming onto the Jefferson Street lot. Humphrey said there has been damage, including a stolen catalytic converter. To deter trespassers, the council approved a $6,642.12 bid from Fence Masters to install a gate on the north end of the site. Watson said the fence would not completely encompass the property but would prevent unauthorized vehicles from entering.

The council approved a bid from Payjay Construction in the amount of $164,450 to construct a sediment basin to address the city’s part in a sediment deposit into a boat slip. The Michigan Department of Natural Resources identified the city sewer system as one source of heavy sediment deposit in the marina. Tony McGhee of Abonmarche told the council the contracted work will resolve the problem.

As a way to streamline the process the city uses for commercial boat launches, the council approved a non-exclusive license agreement with Service 1 Marine. Rather than paying each time the business launches a boat, instead it will pay the city $7,500 at the beginning of the season and another $7,500 at the end of the season and pay $20 per boat per day for staging at the transient marine. Service 1 is estimated to launch 150

The council also boats each season. The contract does approved the 2022-2023 not include electrical or water hookup. budget draft. Watson said this year there will be a planned deficit, due Councilmember Brian Flannagan asked that the contract stipulate when to Covid-19 restrictions enterprises can and cannot launch. that caused delays in Lijewski asked if the contract will several projects due affect other commercial launches, with to supply chain issues Watson explaining other businesses will and difficulty hiring contractors. Humphrey noted the city has receive similar licenses. Watson informed the council that more than nine months there has been little response to the of operating costs in city’s request for proposals for a new surplus- much higher city attorney. He suggested contacting than the recommended some firms directly, as at least one had three-month surplus. stated it did not receive the city’s RFP. The council spoke about complaints many councilmembers had received about speeding on residential streets. The council discussed possible measures including additional signage and enforcement. Humphrey asked Killips to increase patrols along some areas.. Lijewski asked if steps were being taken to lighten city clerk Amy Fidler’s workload while Deputy Clerk Nancy Griffin is on personal leave for several months. Watson said the search has begun for a temporary, part-time employee, and with election in August and November he hopes to find someone with a specialized skillset.

Chikaming Township Board approves revised library agreement, tables zoning ordinance text amendment

Members of the Chikaming Township Board approved a revised library services agreement at their Thursday, May 12, meeting.

The agreement states that it will last for one year – from July 1 to June 30, 2023 – as well as that the library services of New Buffalo Township Library, Three Oaks Township Library, and Bridgman Public Library will work jointly, meaning that residents will not have to pay a service fee for each library and that the $25 card they’d get from New Buffalo or Three Oaks could be used at either of those libraries and at the Bridgman one. Penal fines will continue to be split between the three libraries and Chikaming Township will continue to pay the $30,000 annual fee ($10,000 per library).

Board members approved tabling a text amendment to the zoning ordinance.

At their May meeting, members of the Chikaming Township Planning Commission had recommended to the board amending the text in the Union Pier Corridor Standards portion of the Union Pier Districts Development Standards Table for First Floor uses in Article 5 Section 5.01 (H) (3) (e) (i), which currently reads that “commercial first floor shall extend for the entire width of the front of the building as viewed from the adjoining public street.” An amended text would read: “Commercial first floor shall extend for the entire width of the front of the building as viewed from Red Arrow Highway.”

In the same meeting, planners also approved the site plan designated as Alternate Two for the Union Green development (at the corner of Goodwin and Red Arrow Highway). Planners also passed another motion approving Alternate One if the township board didn’t pass the amendment.

In March, the project was denied a variance by the ZBA that would allow 76% residential use on the first floor along Red Arrow and 100% residential use on the first floor along Goodwin Road.

Alternate One includes two office spaces along Goodwin Road, while Alternate Two involves reverting the spaces back to residential.

Chikaming Board Trustee Rich Sullivan said that there’s “no urgency” to approve the amendment that night, adding that if it were to pass it would look like “to the public it’s all about the developer (of Union Green) and not about a community of good neighbors.”

He read from a letter from Grace Rappe, who resigned from the Planning Commission when it approved the revised site plan in February, during which she states the following: “I believe that the question you should be considering is whether it is the role of the Planning Commission to enforce the zoning ordinance and ensure fidelity between it and the Master Plan, or whether it should instead serve as an advocate for the developer whose proposal does not meet those requirements.”

Sullivan also said he believes that the Planning Commission should compile a list of other “discrepancies” in the ordinance.

“I think we owe it to the public…If we want to do it right and if we want to set a precedent of how we’ve done it in the past, this board should be saying we need a group of four or five people to relook at these new things that (ZBA chair) Mr. Anderson’s been trying to get addressed,” he said.

Chikaming Township Supervisor David Bunte said that between now and the June meeting, concerns can be investigated from the public and be given to the zoning administrator and some type of public meeting or “summarization” can be held.

“So, it gives an opportunity to address these things - we’re not trying to discount them and sweep them under the rug and say, ‘There’s nothing we can do about it,’ that’s not fair,” he said

During public comment, Bob Beemer said that he doesn’t see density being addressed in the Union Pier Development Standards portion of the ordinance, adding that he understands the Union Green development has 50 bedrooms and that R-3 only allows for 27.

Barbara Price said that residents were “shocked” that it would have 50 bedrooms and 18 units, adding that the public answered questionnaires when the ordinance was being revised and “one of the top ingredients people asked for is maintaining a rural character - this is an urban development.”

Nick Martinski said approving the text amendment would be “just another example of the Planning Commission accommodating the builder - rather than him conforming to the rules, they’re changing the rules to conform to him.”

Board members refused the request of a donation of a parcel to the township located at the corner of Berrien and Isobel streets (across from The Whistle Stop) and to send a letter of appreciation to the owner.

Bunte said the park board did their “due diligence” and investigated whether the parcel would be a good fit for the parks system and voted to recommend acquisition for the lot for park status.

He added that while the township is always looking to preserve or add green space, other concerns, such as its financial implications to the township, location, traffic, useability, and the numerous conditions that are attached to the property, also need to be considered.

Treasurer Liz Rettig said while she would love it to be a green space, some of the conditions “that are imposed here are more than the township can handle.”

“We’re stretched on our budget to the limit as it is, we can’t even put any dollars toward future maintenance,” she said. Sullivan said that they’d be “doing a disservice to the public if we accepted this and took it off the tax rolls.”

He added that the space is already a “zoo” in the busy summer months and the township has already been aware of issues regarding parking and garbage in the area.

Upon recommendation of the Public Safety Commission, board members approved promoting Sgt. Brandon Jones to lieutenant.

Board members approved hiring Laura Hooker as part time first responder.

Board members adopted a resolution for a petition of the maintenance and improvements of the Tiffany Drain.

Board members also approved the PAR (the Michigan Township Association Participation) plan grant application for two body worn cameras for the police department.

BY FRANCESCA SAGALA

Lt. Brandon Jones with police chief Todd Taylor

‘CLICK IT OR TICKET’ CAMPAIGN RUNNING THROUGH MEMORIAL DAY

As the Memorial Day holiday approaches, the Berrien County Sheriff’s Office is reminding drivers about the importance of seat belt use.

This annual campaign is part of the national “Click It or Ticket” high-visibility enforcement period, which runs from May 16 to June 5. The national seat belt campaign runs concurrent with the start of the busy summer travel season with the goal of reducing traffic deaths and serious injuries.

“During the ‘Click It or Ticket’ campaign, we’ll be working with our fellow law enforcement officers across the state to ensure the message gets out to drivers and passengers to buckle up,” said Sheriff L. Paul Bailey. “We cannot overstate the importance of wearing a seat belt.

It’s the law, but more than that buckling up is the simplest thing you can do to limit injury or save your life during a crash.

“We see the results of not wearing a seat belt all the time. We see the loss of life. So often, it could have been prevented with the simple click of a seat belt.”

In 2020, according to the University of Michigan Transportation Research Institute, 228 people killed in Michigan traffic crashes were not wearing a seat belt.

In Michigan, the seat belt usage rate in 2021 was 92.6%, down from 94.4% in 2019. The national seat belt usage rate in 2021 was 90.4%.

Men make up the majority of those killed in motor vehicle traffic crashes nationwide. According to the National Highway Traffic Safety Administration (NHTSA), in 2019, 65% of the 22,215 passenger vehicle occupants who were killed were men. Men also wear their seat belts at a lower rate than women do — 51% of men killed in crashes were unrestrained, compared to 40% of women killed in crashes.

In addition, young adults are at a higher risk of being killed because of riding unrestrained. In 2019, more than half (57%) of young adults 18 to 34 years old killed while riding in passenger vehicles were not buckled up.

For more information on the “Click It or Ticket” mobilization, please visit www.nhtsa. An effort is being made to derail an attempt to recall New Buffalo Mayor John Humphrey and City Councilman Brian Flanagan.

Approval of the language in the recall petitions by the Berrien County Election Commission on May 3 is being appealed by Humphrey and Flanagan in Berrien County Circuit Court.

Among the reasons cited in the recall petitions are Humphrey and Flanagan on Nov. 23 “actually voted in favor of an ordinance to prohibit new short-term rentals in the R-1, R-2 and R-3 zoning districts.”

No further explanation was given.

Humphrey said the language on the surface is accurate but doesn’t reflect the truth or reasons behind the decision.

“I feel it lacks context and misleads the public,” he said.

Humphrey said he attempted to present the chain of events leading up to their votes to members of the election commission but was not allowed to prior to the language in the recall petitions being approved.

He said permits to operate short-term rentals were issued under the previous administration despite no language existing in local zoning laws allowing homes to be used for such purposes.

Humphrey said the previous city council placed a moratorium on short-term rental permits in response to increasing complaints from full time residents about parties, loud noise and other disruption from the dwellings.

Another reason cited for the moratorium was to buy time for deciding whether to change local zoning laws to allow short-term rentals and, if so, adopting restrictions to govern their use since there was nothing in the books about homes used for vacations or weekend getaways.

Ultimately, the zoning laws were amended to allow homes used as short-term rentals in the past to continue welcoming guests as long as a permit was obtained and use of the property abided by newly adopted restrictions. He said only additional short-term rentals in residential districts were prohibited.

“There was never a legal right in our zoning ordinance to short-term rent. This was a special use unlawfully granted to people from the previous administration,” he said.

He also said approval of the amended zoning laws is what lifted the moratorium.

Lifting the moratorium without amending the zoning laws would have meant the city being in violation again for allowing a use not specifically covered in the books.

“They were never legal to begin with,” he said.

Even though shortterm rentals were not mentioned in the previous books, Humphrey said they were illegal because local zoning prohibits commercial activity in single-family residential neighborhoods.

“A family unit is not large groups of people. Period,” he said.

Humphrey said the people behind the recall attempt mostly live outside the city whose interests are driven strictly by money.

Opponents of the ban on future short-term rentals argue it infringes on their rights as property owners.

However, Humphrey disagrees.

“They don’t want our zoning enforced. When you buy a piece of property, you’re entering into a contract with that municipality to abide by its zoning rules and regulations. Just because you want to do something doesn’t mean it’s legal or fair,” he said.

Humphrey and Flanagan were elected to their first terms in November 2020 after campaigning against the growing number of shortterm rentals.

Taking a seat on the council at the same time was Roger Lijewski, who also voted in favor of the ban.

There’s no attempt to recall Lijewski, though.

Humphrey said supporters of the recall wouldn’t be able to drum up enough support for the recall attempt if they also tried to have Lijewski removed.

Lijewski was the leading vote getter in 2020.

Humphrey and Flanagan were the second and third leading vote getters for the three open seats but still defeated their opponents by a near two to one margin.

“Putting Roger in the same boat with us makes their chances of getting signatures less likely,” Humphrey said.

Recall supporters must obtain 219 signatures on their petitions for a recall election to be held in November if the appeal by Humphrey and Flanagan fails.

Humphrey also said the recall attempt is a way to overturn a decision by a democratically elected council that was done legally and reflects the desire of most of their constituency.

“You must have fairness and equity in the election process or you can’t have democratic elections and that’s what they’re trying to stop,” he said.

BY STAN MADDUX