City Commission

306 October 8, 2024 Mayor Tim Nemecek called the meeting to order at 7:00 p.m. followed REGULAR MEETING by the Pledge of Allegiance. CALL TO ORDER Present: Mayor Tim Nemecek, Mayor Pro-Tem George Lasater, Commissioners Marty Moody, Sandy Pritchard and Bob Farrell ROLL CALL Absent: None Staff: Michael Cain, Jacob Duncan, Scott McPherson, Kevin Spate, Doug Varney Others: There were approximately 7 citizens in attendance. 2024-10-174 CONSENT AGENDA Moved by Nemecek MOTION Second by Moody -Approve the September 24, 2024 regular meeting minutes as presented. -Proclaim the month of October 2024 as “Breast Cancer Awareness Month” in the City of Boyne City. -Approve the request of MSU Extension Compost Systems Educator Eliza Hansel to hold the requested Pumpkin Smash Compost Event on Saturday, November 9, 2024 between 10:00 am and 2:00 pm in Veterans Park as proposed and authorize City staff to coordinate any necessary details and provide necessary documentation. Ayes: 5 Nays: 0 Absent: 0 Motion carried CITIZENS COMMENT Dorne Davis updated the City Commission following his meeting with City Manager Michael Cain. Further recommends that the City work with the County on storm water management to assist with erosion prevention and assessment irregularities. CORRESPONDENCE Received and filed. -Charlevoix Conservation District Quarterly Fall 2024 Report CITY MANAGERS -After working for the City for some 21 years serving Boyne City and REPORT our neighboring townships Planning Director Scott McPherson announced his upcoming retirement to me today. He will be working in the office until the end of the year and then using his vacation time until about February 1, 2025. Scoot and I have already met to talk about possible next steps. The first will be to advertise his position but with both positions in that department becoming vacant this will be an excellent time to explore all options. Scott has done an outstanding job for all these years and while we hate to see him go we wish him all the best in his upcoming retirement. -After our DPW finished the repairs to the North Street storm water drain last week they took the equipment we had to rent for a week to move the concrete pipes over to the Lower Lake Street public access to straighten out that storm drain that had moved with time due to ice  307 and weather. The made the most of what we had already paid for by finding another use and were able to greatly improve the Lower Lake structures making them safer and allowing for fresh sand to come in and cover most of them. Great job by our crew…and we’ve told them that. -At last week’s Main Street board meeting, disbursements were made from Boyne Thunder 2024. The total money raised was slightly over $230,000 with Camp Quality receiving a check for $126,852.72 and Challenge Mountain receiving $23,064.13. Main Street generated a little over $80,000 from this year’s event. The Boyne Thunder Committee appreciates all of our local sponsors and partners. We could not do this without them. -The Heritage Center has begun repainting the 1917 LaFrance’s display area as a beginning step to the remaking of that space to tell more complete and interesting part of this areas past. The LaFrance has been moved temporarily out of the apace into the main Fire Hall equipment bays while the space is being worked on. -Prior to this City Commission meeting our new 1 ton truck will be available for inspection at City Hall. -At City Hall on Tuesday will be a sample property marking 4x4’ post that the DPW has prepared for your review and comment. If the Commission is good with the sample and the wording on it we will proceed more prepared and installed. If there are other suggestions, please let us know. -You may notice that the new floor mats / rugs recently purchased to replace our leased ones are now out on the first floor of City Hall, saving us money every month. -This week, thru Saturday the 12th is national Fire Prevention week. We are adding it to our annual calendar for future years. -As of 3:00 p.m. Monday, October 7th 988 absentee ballots for the November 5th General Election have been issued for those that have requested to receive one. 338 have already been returned. -The new cable and attachment to improve the sounds quality of our Zoom meetings have arrived but still need some additional work before going live. As a result, it is not operational for this meeting as we had hoped, but should be ready for our next one. -Our Fire Department conducted their first driving course on our Airport’s Taxiways last Tuesday and they will be continuing that process this Tuesday as well when they expect to complete it. -Michigan Main Street will be in town on Thursday this week and would like to meet with any interested and available City Commissioners from 2:00 pm until 2:30 pm in the Parkview Room. This is a part of our Main Street program’s re-accreditation process. -Boyne City will be conducting a Public Logic and Accuracy test on Thursday, October 10th at 9:00 a.m. in the lobby at City Hall. During this time both tabulators used for the in person voting and the Absent Voter Counting Board will be tested. This test is designed to provide an overview of the election night vote counting process and to verify that the ballot counting program prepared for the election is properly reading and tabulating votes. The public is encouraged to attend. -C2AE has provided an update on the pump replacements at the River Mouth Pump Station. -Boyne Appetit Restaurant Week returns next Monday, October 14th and runs through Sunday the 20th here in Boyne City. More details can be found on Main Street’s Facebook page.  308 -We are following up on the report of an underwater obstacle near the City Main boat launch. Apparently it is a 5 or 6” diameter historic post several hundred feet west of the launch and about 20” under water. We will be looking to see if it can be located more precisely and then determine possible next steps to help maintain boating safety. -Last week we received the State’s proposed marina rates for next season…unchanged (aka no increase). We plan on this coming to the Commission at our Oct 22nd meeting with our recommendation which will include requesting increases. We received this after our Executive Assistant attended last week’s Waterways Commission meeting in Cadillac, where this was not discussed. On a related note she is attending a statewide harbor meeting this Monday and Tuesday. -We also expect subjects related to the Clean Water State Revolving Fund (CWSRF) project to make improvements to our sanitary sewer system and our tree maintenance bids to be on the next agenda. Pavement crack sealing bids are on the schedule for our November 12th meeting. -C2AE will be reissuing the request for bids for the 5 street project that we recently rejected due to high costs on the following schedule. -In you have any suggestions for Winter Newsletter articles/topics, please let Jen know this week. The newsletter comes out with tax bills in December. -I will be out of the office this Thursday thru Monday. While I am away City Clerk/ Treasurer Jessica Puroll will be in charge. Staff Comment: None Public Comment: None Board Discussion: Nemecek expressed interest in wrapping up the public access point poles conversation. Instructed City Manager Michael Cain to gather the City Commission’s thoughts on it and update them at the next meeting. Pritchard expressed concern around domain in regards to the public access point poles. Would like to ensure that EGLE and Army Core of Engineers are consulted in the process. Pritchard would like to ensure that Executive Assistant, Jennifer Eads provides a summary report following her attendance at the Wastewater convention. Pritchard asked to make it a priority settling on a date for the Frankfurt trip. REPORTS OF Received and filed. OFFICERS, BOARDS AND STANDING -Main Street Downtown Development Authority Meeting Minutes – COMMITTEES 09/05/2024 -Economic Development Corporation Meeting Minutes – 09/09/2024 -Local Development Finance Authority Meeting Minutes – 09/09/2024 -Parks and Recreation Commission Meeting Minutes – 09/12/2024 -Planning Commission Meeting Minutes – 09/16/2024  309 OLD BUSINESS Open Public Hearing for 2024-10-175 Streets and Alley Moved by Nemecek Vacation Second by Pritchard MOTION Approve the recommendation from City Clerk/Treasurer Jessica Puroll to open public hearing for the requested street and alley vacation. Staff Comment: None Public Comment: None Board Discussion: None Ayes: 5 Nays: 0 Absent: 0 Motion carried Close Public Hearing for 2024-10-176 Streets and Alley Moved by Nemecek Vacation Second by Pritchard MOTION Approve to close public hearing for the requested street and alley vacation. Staff Comment: None Public Comment: None Board Discussion: None Ayes: 5 Nays: 0 Absent: 0 Motion carried Public Hearing for 2024-10-177 Streets and Alley Moved by Nemecek Vacation Second by Lasater MOTION Approve the requested street and alley vacation as proposed. Staff Comment: None Public Comment: None Board Discussion: All agree with the recommendation. Ayes: 5 Nays: 0 Absent: 0 Motion carried Zoning Ordinance Map 2024-10-178 Amendment Moved by Nemecek MOTION Second by Moody  310 Approve the recommendation from Planning Director Scott McPherson to adopt the Boyne City Zoning Map amendment as proposed. Staff Comment: None Public Comment: None Board Discussion: All agree with the recommendation. Ayes: 5 Nays: 0 Absent: 0 Motion carried NEW BUSINESS Purchase of MT7 2024-10-179 Trackless Tractor for Moved by Nemecek Department of Public Second by Farrell Works MOTION Approve the recommendation from Department of Public Works & Utilities Director Doug Varney to award of purchase order contract to Bell Equipment for the purchase of a Trackless Municipal Tractor in an amount not-to-exceed $173,511.00 per the bid proposal dated 10/03/2024 and authorize the City Manager to execute the necessary documents. Staff Comment: None Public Comment: None Board Discussion: Lasater questioned if the implements for the other trackless will work with this new one. Pritchard questioned whether some of the other add-on options may be beneficial. Moody expressed concerns on the lack of information for them to compare equipment and costs to make a decision. Further asks if we even need the tractor, or can the implements suffice. Nemecek supports the recommendation after speaking with staff who will use the equipment on a daily basis. Pritchard pointed out that there may be potential to obtain a painter/striper attachment for the tractor. Ayes: 5 Nays: 0 Absent: 0 Motion carried Fall Tree Planting for 2024-10-180 City ROW Contract Moved by Nemecek Recommendation Second by Farrell MOTION Approve postponing this agenda item with no action taken. Staff Comment: None Public Comment: None Board Discussion:  311 The City Commission discussed concerns regarding the tree planting program, focusing on improving fairness, transparency, and accountability. Moody expressed concerns about the quantity of trees allowed. The Commission consensus was to limit distribution to one tree per address annually. Frustrations were expressed over receiving information too late in the season. Pritchard expressed concern about unclear bid details, particularly Robinson’s and Rainey’s bids, with requests for matched specifications and clearer terms Nemecek reiterated the need for an inventory process and historical data to evaluate tree distribution. Further emphasized the importance of engaging the Tree Advisory Board more actively in decision- making. As a result, the discussion was tabled until clearer recommendations could be provided by the Tree Advisory Board and DPW. Ayes: 5 Nays: 0 Absent: 0 Motion carried 2024-10-181 Body Camera Moved by Nemecek Replacement Purchase Second by Moody MOTION Approve the recommendation from Police Chief Kevin Spate to purchase body cameras from Axon for an amount not-to-exceed $21,743.54 and authorize the City Manager or his designee to execute the necessary documents. Staff Comment: None Public Comment: None Board Discussion: Pritchard expressed concern on the reputability of Axon. Ayes: 5 Nays: 0 Absent: 0 Motion carried 2024-10-182 Fire Prevention Week – Moved by Nemecek October 6th-12th Second by Farrell Proclamation MOTION Approve the proclamation recognizing October 6th – 12th as Fire Prevention Week in the City of Boyne City. Staff Comment: None Public Comment: None Board Discussion: All agree with the recommendation. Ayes: 5 Nays: 0 Absent: 0  312 Motion carried 2024-10-183 Closed Session Request Moved by Nemecek MOTION Second by Moody Approve the recommendation from City Manager Michael Cain to go into closed session pursuant to MCL 15.268(1)(h) to consider attorney-client privileged material exempt from discussion or disclosure by the Michigan Freedom of Information Act (MCL 15.243(1)(g)). Staff Comment: None Public Comment: None Board Discussion: None Ayes: 5 Nays: 0 Absent: 0 Motion carried 2024-10-184 Return to Open Session Moved by Nemecek MOTION Second by Moody Approve returning to open session. Staff Comment: None Public Comment: None Board Discussion: None Ayes: 5 Nays: 0 Absent: 0 Motion carried -Moody shared a suggestion that someone brought to him who Good of the Order regularly fishes at the mouth of the river to look at putting some sort of structure there for holding fishing poles/equipment. -Nemecek expressed gratitude to City Administration staff, Heather Peck and Becky Pennington for doing a great job decorating City Hall for the fall season. -The Commission will discuss the City Manager’s Evaluation at the October 22, 2024 meeting. -Farrell expressed concern with not updating the public in open session on the issues that get resolved in closed session. Nemecek asked City Manager Michael Cain to obtain an opinion letter from the City Attorney Matt Cross regarding information being shared outside of closed session. -The next regular City Commission meeting is scheduled for October Announcements 22, 2024 at 12:00 p.m. -Boyne City Trick or Treat hours are from 5:00 pm to 8:00 pm on Thursday, October 31, 2024.  313 ADJOURNMENT Motion by Mayor Nemecek, second by Commissioner Moody to adjourn at 9:48 p.m. __________________ _________________________ Tim Nemecek Jacob Duncan Mayor Deputy Treasurer