Approximately seven residents in addition to professionals speaking to agenda items listened to a meeting lasting just over an hour before going into closed session. The majority of the meeting was spent on discussion regarding the city’s liability risk in various areas of operation.
A Visit from Representative Thomas Albert
During citizen comments Representative Thomas Albert of the 86th District addressed council. Albert said he’s hoping to come to local governments twice a year as a means to enhance constituent relations. He mentioned efforts on other post employment benefits (OPEB) are being discussed. This issue takes on government’s obligation and liability with employee retirement and pension. Prison reform is also being discussed at the state level as they look for ways to reduce population and cut costs. Albert has also been participating in March is Reading Month by reading Dr. Seuss’ Fox in Socks to 3rd grade students. Finally, he reminded everyone of his monthly office hours where anyone is welcome to come discuss political issues or just chat. Information on office hours and other things Thomas Albert has been doing in Lansing and around the district can be found on his Facebook page.
New Medical Marijuana Legislation
The first item under new business was a presentation by Nick Curcio from Dickerson Wright on legislation introduced in late 2016 which is being implemented in 2017. It expands the types of businesses in which medical marijuana can be grown and distributed. In 2008 through, voter initiative as opposed to something introduced by the government, the use of marijuana for medical purposes was approved. This allowed qualified patients and primary caregivers to grow or use marijuana for medical conditions when approved by a doctor.
The new legislation lists five entities which can grow and/or distribute or test marijuana – growers, processors, secure transporters, and safety compliance. Municipalities have the option to “opt in” under this new legislation to allow, regulate, or ban these entities under zoning or regulatory ordinances. Councilmember Teelander asked Chief of Police Steve Bukala his opinion at the end of the presentation to which Bukala responded, “I wouldn’t touch this with a 10-foot pole.” He said the legislation is poorly written. If municipalities choose to do nothing the expansion of types of businesses which can grow and distribute marijuana under the new legislation is not permitted.
Liability and Risk – What is Acceptable?
Dustin Drabek, a Risk Control Representative, discussed his findings after a risk assessment performed last summer. He works with city officials and department heads to develop a plan to reduce risk and liability, not to be confused with telling municipalities he works with what to do. It is up to, in this case the City of Lowell, to decide what, if any, action is taken on his findings.
The Showboat was one liability for the city noted in his review. Action has begun to eliminate the safety liability by closing the boat to the public and working on a plan to replace it. Another item mentioned along the Riverwalk was the floating wooden dock which had potentially unsafe boards and was able to move too far away from the shore.
Customization of equipment was another area where liability was noted. Drabek said the use of customizing equipment saves money up front but should an issue come up in the future any savings could be depleted. He used a recently purchased truck used to spread salt. Customization was used to mount an older salt spreader on the truck without knowing whether the means to secure it meet safety and weight requirements. In the event of an accident such as the back gate or spreader failing and falling off the manufacturer may not honor items under warranty as a result of customization and not using authorized extras. A suggested solution by Drabek to reduce this liability was to contact equipment manufacturers seeking written documentation stating proposed customization follows acceptable limitations and would not negate any warranty.
The term “attractive nuisances” was also defined and discussed. Situations where the city takes on liability for something potentially good for the community should be part of the decision-making process. Examples included new playground equipment, 5k or other races, and various festivals. In each instance there’s a potential for city liability. During races police personnel must manage a route along city streets and there’s a possibility a runner could fall and be injured. New playground equipment could bring more people into the community, again increasing injury liability. Attractive nuisances can be worth the increased liability due to positives outweighing the risk such as generating sales for local businesses during a festival.
No action was required or taken after the presentation. Drabek will continue to work with the city to make liabilities known. It will be up to city officials to determine whether any action is needed to reduce potential liability.
Quick Agenda Items
In a unanimous vote members of council approved a resolution for an Installment Purchase Agreement. This resolution allows the city to seek financing quotes from 11 banks for a tax exempt loan. The money will be used to purchase equipment for the Department of Public Works and a compressor for Lowell Light & Power. It is thought that combining these purchases into one agreement will result in better rates from banks. Once banks have been contacted the results will come back to council for approval on which bank to use.
Another unanimous vote approved a three-year customer service agreement with Access Point, Inc. This company will provide telephone and fax numbers and a backup internet line for the VOIP Phone Project which was approved by council during its February 6 meeting.
City Manager Report
City Manager Mike Burns said the city is waiting on communication from LEAD on their proposed agreement for lease termination of the biodigester location, which continues to cease operation. He also indicated union negotiations will begin shortly. A closed session during the next council meeting to discuss negotiations is anticipated. Additionally Burns mentioned he is still working on putting together an ordinance for food trucks for council to discuss.
Mr. Burns brought up an issue municipalities are dealing with where box stores and national chain businesses are attempting to lower their value in order to reduce tax assessments, which in turn reduces the amount of tax revenue which can be collected. He cited the Menards vs Escanaba case as an example. All member of council agreed to direct the City Manager to look into being included in an amicus brief, which presents relevant information during court cases, at the cost of $500.
In miscellaneous updates Burns said the Jefferson Street road work will be going out for bid soon, funds for storm water drains will be an item appearing in the upcoming budget discussion, and a storm water assessment will be worked into street repair and replacement as a means to reduce overall costs. He indicated it could take a year and a half for all of the city’s infrastructure to be reviewed and a plan to be put in place.
Council Board Reports and Comments
Councilmember Phillips said he and his daughter walked downtown taking photos of signage for new businesses saying it’s great to see new businesses opening. He also thanked Chief Bukala for the Citizen’s Academy and included his eagerness to learn more.
Councilmember Teelander mentioned his attendance at a planning and zoning seminar in Lansing which he found to be very informative. He also talked about trail legislation at the state level which would allow the Lowell community to be part of the 5th longest rail trail in the country. Teelander said there was good discussion during Coffee with Council.
Councilmember Canfield let people know he’s aware of road issues after the topic has come up in conversation a handful of times with residents. He knows it’s also not an easy fix and will take time. He also enjoyed talking with residents during the March 4 Coffee with Council.
Councilmember Hodges said the LCTV Fund will be bringing its suggestions for distributing its $133,000.00 to organizations which submitted an application for funds. On March 1 the board reviewed applications and came up with their recommendations, which need final approval from council. Hodges also read a statement announcing his retirement from City Council. He will serve the rest of this term but will not seek reelection in November. He reminded citizens of the April 24 at 4pm deadline for residents interested in running for city council to have signed petitions turned in at City Hall.
Mayor DeVore reminded everyone about the time change happening this weekend.
Meeting Information
Shortly after 8pm the open portion of the meeting concluded. Council went into closed session at the request of the City Manager for the purpose of discussing his performance evaluation.
The next City Council meeting will take place in Council Chambers on the second floor of City Hall on Monday, March 20 at 7pm. Meeting minutes and agendas can be found on the city’s website. And meetings can be viewed on the city’s YouTube channel. Or check in with Lowell’s First Look after each meeting for a recap of what happened.
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