City Council

APPROVED 09/05/2023 REGULAR MEETING MINUTES August 21, 2023 THE REGULAR MEETING OF THE RICHMOND CITY COUNCIL WAS CALLED TO ORDER AT 7:00 P.M., ON MONDAY, AUGUST 21, 2023, BY MAYOR RIX. ROLL CALL Present: Allen, LaFore, Misteravich Reindel, Rix, Schultz, Warn Absent: None Others: City Manager Moore, City Clerk McCallister Visitors: Neil and Reese Bryan (Backyard Living Co.), Don Wyatt and Hillary Yammen (Richmond Moose Lodge 2575), Jeff White (RLEMS). APPROVAL OF MINUTES Motion by Warn, seconded by Schultz, to approve the minutes of the August 7, 2023, regular meeting as presented. All yeas Motion passes AUDIENCE PARTICIPATION City Manager Moore read the following statement: “I would like to make a statement regarding the events that occurred last week. More than one year ago, the Macomb County Prosecutor’s Office charged Chief Costello with wrongfully using the LEIN system. Upon being informed of the charge, I placed the Chief on administrative leave while I conducted a thorough investigation of the circumstances. During this time, Sgt. Kaczanowski was made Acting Chief and there was no interruption of the services and safety provided by the Richmond Police Department. Upon concluding my investigation, which included a review of the Macomb County Sheriff’s file, I determined that the act of which Chief Costello was accused was not cause to terminate him at that time. The charged offense did not affect the operation of the Police Department, nor did it impair Chief Costello’s ability to administer the Department. CCM: 08/21/2023 Page 1 of 7  APPROVED 09/05/2023 As a result, I reinstated Chief Costello, pending the outcome of the charge against him, an action that was unanimously approved by the Richmond City Council. During the entire process, Chief Costello has been entitled to the presumption of innocence and the right to the due process of law. The City has been kept apprised of the status of the case as it has progressed through the court system. During this time, Chief Costello has been performing at a high level, as is expected from our Department Directors. He has continued to move the City of Richmond Police Department forward in a professional manner. The Chief has kept me up to date on the progress of the court proceedings and outlined the plea bargain that was being worked on with the prosecutor and with the knowledge of the judge involved. On Thursday, August 17th, I was informed that the charge against the Chief was resolved by a plea bargain in the District Court in New Baltimore. In implementing the plea bargain, the judge imposed a condition—five days in jail—that no one involved, Chief Costello, his lawyer, the assistant prosecutor handling the case, or the judge, had discussed. Upon being informed by Chief Costello of the unexpected change with the outcome at court, I placed him on administrative leave and asked the Sergeant to serve as Acting Chief. Just hours later, at the request of Chief Costello’s attorney and the assistant prosecutor involved, the judge who had imposed the unexpected sentence, allowed Chief Costello to withdraw his plea and he set aside the sentence he had imposed. The judge then recused himself from any further proceedings in the case. Regarding Chief Costello’s employment, the City is in the same position it was a year ago when I reinstated him to active duty. None of the facts have changed regarding Chief Costello’s conduct. The rationale for reinstating Chief Costello a year ago still applies. Chief Costello still has his right to the presumption of innocence and all his other constitutional and statutory rights. I will continue to monitor the status of the case. Chief Costello has resumed his responsibilities as Chief of Police as of 8:00 a.m. this morning, pending the outcome of the charge against him. I will continue to act in the best interest of the City as facts and circumstances are presented, and inform the Council and the public as warranted.” Mayor Rix indicated that the City Council concurs unanimously with the statement presented by the City Manager as well as stand by the decision of City Manager Jon Moore. No further comments were received. CCM: 08/21/2023 Page 2 of 7  APPROVED 09/05/2023 ADOPTION OF AGENDA Motion by Warn, seconded by Allen, to amend the agenda to include Item for Consideration #5 Consideration of approving Resolution No. 2023-12/Request to be recognized as a non-profit operating within the city for the purpose of obtaining a chartable gaming license/Richmond Blue Devils Youth Football and Cheer Corp. All yeas Motion passes CONSENT AGENDA a) Receive and File DPW Activity Report for July 2023 b) Receive and File City Clerk’s Activity Report for July 2023 c) Receive and File City Planner’s Activity Report July 2023 d) Receive and File Treasury and Money Market July 2023 e) Receive and File Investment CD Report for July 2023 f) Receive and File Code Enforcement Activity Report for July 2023 g) Receive and File Cable TV Activity Report for July 2023 h) Receive and File Library Activity Report for July 2023 i) Receive and File Recreation Department Activity Report for July 2023 j) Receive and File Police Department Statistics for July 2023 k) Receive and File Offense Count Report for July 2023 l) Receive and File Arrest Report for July 2023 m) Receive and File Ticket Offense Report for July 2023 n) Receive and File Traffic Accident Report for July 2023 o) Receive and File Crime Log Report for July 2023 p) Receive and File Call Flow Report for July 2023 q) Receive and File Burn Permit Report for July 2023 r) Receive and File Revenue and Expense Report July 2023 s) Approval of Schedule of Bills dated August 21, 2023, in the amount of $1,283,377.79. Motion by LaFore, seconded by Misteravich, to adopt the Consent Agenda as presented. All yeas Motion passes CCM: 08/21/2023 Page 3 of 7  APPROVED 09/05/2023 PUBLIC HEARING None ITEMS FOR CONSIDERATION 1. Consideration of Special Event Request/Mobile Food Vendor/Backyard Living Co. Neil Bryan (Backyard Living Co.) indicated that his business is open the day of the Good Old Days Parade. Bryan consulted with the adjacent restaurant owner of Tivoli’s to see if they had an objection to Backyard Living Co. having a Mobile Food Vendor on Sunday, September 10th. Per Bryan, Tivoli’s had no grievance with the request to have a Mobile Food Vendor on site at Backyard Living Co. Reece Bryan (daughter of Neil Bryan) addressed Council with a list of reasons why Council should approve the Mobile Food Vendor request. Motion by LaFore, seconded by Misteravich, to approve the Special Event Request for a Mobile Food Vendor from Backyard Living Co. to have a mobile food vendor, Batter Up, in Backyard Living Co. parking lot on Sunday, September 10th, from 11:00 am to 4:00 pm. Discussion on motion: Councilors feel this area of town should be treated differently than other areas because Tivoli’s is the only eatery in that location of town and they have already indicated they have no objection to Backyard Living Co. having a mobile food vendor on that day. Opposition to the request was noted, but looking at certain locations on Main Street as an exception during the Grand Parade Day may be something to consider in the future. The majority of Councilors feel that each Mobile Food Vendor Application should be treated on a case-by-case basis when applying for a special event request that coincides with the Good Old Days Events. Public Comment on motion: Hillary Yamen (68230 Grand Trunk) voiced her support for the mobile food vendor. No further comments were received. CCM: 08/21/2023 Page 4 of 7  APPROVED 09/05/2023 Vote on motion: Six Ayes (Allen, LaFore, Misteravich Reindel, Schultz, Warn) One nay (Rix) Motion Passes 2. Consideration of Special Event Request/Richmond Moose/BBQ Fundraiser/Michigan Dressers Richmond Moose Lodge 2575 representative, Don Wyatt, provided background information pertaining to the event request and the anticipated times for erecting the tent as well as an additional request to display a small banner advertising the fundraiser. MOTION #1 Motion by Reindel, seconded by Schultz, to approve the special event request from Richmond Moose Lodge to conduct a charity fundraiser barbeque; including the placement of a tent partially into the Lane Street right of way from 10:00am Saturday, September 30th until 10:00 am Monday, October 2nd. All yeas Motion passes MOTION #2 Motion by Allen, seconded by Warn, to approve the special event request from the Richmond Moose Lodge and Michigan Dressers Motorcycle Club to conduct their 36th Annual Toy Run for Kids; including the closure of Grand Trunk Avenue from 9:00 am to 6:00 pm on Sunday, October 1, 2023 and the use of Grand Trunk from the Moose Lodge to Shepherds for the reception following. All yeas Motion passes MOTION #3 Motion by Allen, seconded by Warn, to approve the banner request for a small banner promoting the Richmond Moose Lodge and Michigan Dressers Motorcycle Club’s 36th Annual Toy Run for Kids to be placed in the grass area near Grand Trunk and M-19 beginning on Friday, September 15, 2023. All yeas Motion passes 3. Consideration of Approving Resolution No. 2023-11/Approving the SMART FY2024 CCM: 08/21/2023 Page 5 of 7  APPROVED 09/05/2023 Municipal and Community Credit Contracts RLEMS Director, Jeff White, notified City Council that Community Transit at its current service level will be unsustainable in the future due to increases in the liability insurance rates and other increasing costs. White asked Councilors to contact SMART and County Representatives to emphasize the need for funding for services. Motion by Reindel, seconded by Warn, to adopt Resolution No. 2023-11 which approves the SMART Municipal Credit and Community Credit Contract for FY2024 and agree to transfer the amounts of $5,501 in Municipal Credits and $14,060 in Community Credits to the Richmond- Lenox EMS in payment for their Community Transit Service. All yeas Motion passes 4. Consideration of Special Event Request/Richmond High School Band Boosters/Banner request for Annual Pumpkin/Craft Extravaganza Motion by Reindel, seconded by Warn, to approve the special event application from Richmond Band Boosters for an across the road banner from September 22nd through October 8th and for temporary signage placed at the City Limit Signs beginning Friday, September 22nd in conjunction with their annual Pumpkin, Craft and Vendor Sale, October 7th and 8th. All yeas Motion passes 5. Consideration of Approving Resolution No. 2023-12/Request to be recognized as Non-Profit Organization operating within the City for the purpose of obtaining a chartable gaming license/Richmond Blue Devils Youth Football and Cheer Corp. Motion by LaFore, seconded by Misteravich, to adopt Resolution No. 2023-12, which will recognize the Richmond Blue Devils Youth Football and Cheer Corp. as a “nonprofit organization” operating in the City of Richmond for the purpose of obtaining charitable gaming licenses. All yeas Motion passes MISCELLANEOUS MATTERS FROM THE CITY MANAGER Bike Rack in the Forest Street Parking lot was installed. DTE lighting contract is on the agenda to be approved at the next TIFA meeting CCM: 08/21/2023 Page 6 of 7  APPROVED 09/05/2023 COUNCIL COMMENTS Congratulations to Pastor Haller on his 25th Anniversary in Ministry. RPOA Pig Roast/Golf Cart Rodeo was a successful event– Save the date next year for the 1st Sunday in August. Mayor Rix announced the upcoming events: 8/26 Shred Day (City Hall Parking Lot) from 12 pm-3 pm – Free ADJOURNMENT Motion by Misteravich, seconded by Allen, to adjourn the Regular Council Meeting at 7:38 p.m. All yeas Motion passes Respectfully submitted: Heather L. McCallister City Clerk CCM: 08/21/2023 Page 7 of 7