St. Clair Shores City Council Meeting

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AGENDA St Clair Shores City Council Meeting Monday November p m City Hall Jefferson Circle Drive St Clair Shores MI www scsmi net Call to Order Roll Call and Pledge of Allegiance Proclamations Presentations Robert Ihrie Audience Participation on agenda items minute time limit Submit form to City Clerk prior to start of meeting Request from Operation Give to be recognized by the City as anon profit Sale of NSP home Colony St Bids Contracts Purchase Orders a Award the bid for the Basement repair of one City owned home bids opened b Award the bid for the Purchase of Equipment for Civic Arena Training Center Bids opened Consent Agenda Items shall be considered without debate by motion and vote of Council unless a member of Council specifically requests action taken separately on said item a Bills b Fees None c Progress Payments d Approval of Minutes e Receive File Boards Commissions Committee Minutes f Recommendations from the Council Sub Committee on Boards Commissions and Committee Appointments Reappointments g Receive and deny claim of Suzanne Spalding vs City of St Clair Shores and refer to the City Attorney for response Updates and follow ups from Council Meeting Comments by Individual Councilpersons City Manager s Report Audience Participation minute time limit Request to enter Closed Session as permitted by State Statute MCLA Section e K McKee v St Clair Shores Individuals with disabilities or impainnents who plan to attend this meeting need to contact the City Clerk s office at orvia Michigan Relay Center at from TTY if auxiliary aides or services are needed A request for service form is available at all City departments Ten business days advance notice is required Anyone requesting items to be placed on the agenda must submit the request in writing to the City Clerk days prior to the meeting Please note that only items requiring official Council action will be placed on the Council agenda Other matters will be considered under the audience participation portion of the meeting Note At the end of each Audience Participation time the cameras are returned to the Council Broadcasts of regular Council meetings aze shown via Comcast Cable Channel WideOpenWest Cable Channel and AT T Channel SundaySaturday at a m Monday Tuesday Thursday at p m

Transcript of St. Clair Shores City Council Meeting

AGENDASt Clair Shores City Council MeetingMonday November pm

City Hall Jefferson Circle Drive St Clair Shores MI wwwscsminet

Call to Order Roll Call and Pledge ofAllegianceProclamations Presentations Robert Ihrie

Audience Participation on agenda items minute time limitSubmit form to City Clerk prior to start of meeting

Request from Operation Give to be recognized by the City as anonprofitSale of NSP home Colony StBidsContractsPurchaseOrdersa Award the bid for the Basement repair of one City owned home bids openedb Award the bid for the Purchase of Equipment for Civic Arena Training Center Bids

openedConsent Agenda Items shall be considered without debate by motion and vote of Council unless a member

of Council specifically requests action taken separately on said item

a Billsb Fees Nonec Progress Paymentsd Approval of Minutese Receive File Boards Commissions Committee Minutes

f Recommendations from the Council Sub Committee on Boards Commissions and

Committee Appointments Reappointmentsg Receive and deny claim of Suzanne Spalding vs City of St Clair Shores and refer to the

City Attorney for responseUpdates and followups from Council MeetingComments by Individual CouncilpersonsCity ManagersReportAudience Participation minute time limitRequest to enter Closed Session as permitted by State Statute MCLA Section e KMcKee v St Clair Shores

Individuals with disabilities or impainnents who plan to attend this meeting need to contact the City Clerks office at orvia MichiganRelay Center at from TTY if auxiliary aides or services are needed A request for service form is available at all Citydepartments Ten business days advance notice is required

Anyone requesting items to be placed on the agenda must submit the request in writing to the City Clerk days prior to the meeting Please

note that only items requiring official Council action will be placed on the Council agenda Other matters will be considered under the audience

participation portion of the meeting Note Atthe end ofeach Audience Participation time the cameras are returned to the Council

Broadcasts of regular Council meetings aze shown via Comcast Cable Channel WideOpenWest Cable Channel and ATTChannel

SundaySaturday at am Monday Tuesday Thursday at pm

c

Proclamationto

ROBERTD IHRIE

WHERFAS ROBERTD IHRIE City Attorneyfor the City ofSt ClairShores has been honored by Lawyer Incorporated as Top Attorney in

Municipal and Government Law in the State ofMichigan for oYY and

WHEREAS ROBERTD IHRIE City Attorneyfor the City ofSt ClairShores was admitted to the Michigan Bar in has been practicinglaw for years serving as Assistant City Attorney since and CityAttorney since and

WHEREAS RoBert has received the Highest Ethical Rating and LegalSkill by the Martindal Hubbell Legal Ratings and has been publishedfor his CoAuthoring Prosecution ofDrivers in Michiganand

WHERFLSwe further acknowledge the accomplishment of our CityAttorney recognizing his expertise by being an invited Speakerfor Radioand Television on Municipal Issues including Court TV The OprahWinfrey Show and Good Morning America to name afew

NOW THEREFORE BETlRESOLVED that the Mayor and Council

of the City ofSt Clair Shores on behalf ofall our residents deem it an

honor to publicly recognize and extend our sincere congratulations to

City Attorney ROBERTD IHRIE

Presented this day ofNoUemberot

Council MeetingNovember

AGENDA ITEM Request from Operation Give to be recognized by the City as anonprofitorganization to obtain a Charitable Gaming License

BACKGROUND Operation Give was created in when a group of friends hosted a

small event to benefit a local charity After two consecutive years of

events in they legally formed a charitable foundation They are

based out of their registered office on Harper and Mile in St Clair

Shores where they handle their administrative tasks such as accounting

Operation Give hosts a charity event every December where they donate

of the net proceeds to the ChildrensHospital of MichiganFoundation In they made a pledge to ChildrensHospital to

donate over three years After this years event they are

confident that they will exceed their pledge amount At the December

event they hope to be able to host an inhouse raffle and a silent

auction

City Councilsresolution recognizing this organization as a nonprofitorganization in St Clair Shores is the first step required so they can

apply to the Michigan Charitable Gaming Division to hold their events

ENCLOSURES Petitioner Application to Appear before Council

Letter from Operation Give Coordinator with Event Information

Michigan Charitable Gaming Division Sample Resolution

Articles of IncorporationIRS Determination letter ofcCurrent Bylaws

PROPOSED

RESOLUTION That the request from Operation Give of the City of

St Clair Shores County of Macomb asking that theybe recognized as a nonprofit organizationoperating in the City of St Clair Shores for the

purpose of obtaining a Charitable Gaming Licensesbe considered for approval

Motion by Seconded by

VOTE AYES

NAYS

ABSTAIN

ABSENT

Prepared by Mary A Kotowski City Clerk Date November

CttY F SCLIrRt

Operation Give

Harper AveSt Clair Shores nni

wwwoperationgivefoundationcom

FaXTo ST CLAIR SWQRES CITY CLARK F ALISON QUINN

Fax Pages including cover sheet

Rhone Date October

Re Agenda item for City Council cc

UrgQnt IFor Review CI Please Comment Rlease Reply Please Recycle

Comments

Attached please find my Application to Appear before Council The organization that I am

Treasurer of Operation Give needs a resolution passed by the SCS City Council recognizingus as anonprofit organization so that we may obtain a Raffle License from the State of

Michigan It is my understanding that I need to appear before Council to dothis

I would like to be on the next City Gouncil meetings Agenda if possible

Please contact me with any questions or if you need additional information from OperationGive Also if possible please amail me any confirmations concerning my request Thank

you so much

Alison QuinnWork

Cell Ttalisonquinngmailcom

ZiId eSbbS WOfLtSSOZZ

Print Form

Clty of St Clair Shores

Application to Appear before CouncilUUIellarrtiouGirelC

St Clair Shores Ml

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Operation Give Alison Quinn TreasurerC Rcqucstcd by

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Civ State ip Phone

Partet Address

Parcel NumbCr

Icgacst for Approvalcheck all that annly

Charitable Foundation RcgacstsSete Plan

Special Land Use

Rezoning

Sibm inCentralIukcfront District

Sign Arbitration Appeal

Nome Operation Give

PC

PC

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Iteasou for variance rcquetSeeking resolution recognizing gperation Give as anonprofit

organization in order tb obtain a Raffle Licensefrom the State of Michigan Charitable Gaming Div

Please note the followilt speciAl condition FOR PLANNiNC CASTS UNLY

Testers from fldjaecnl ncighbora must be submitted to Cily Planner by the Tuesday before toteschrdulcd Council meeting

i FUR UFFICE USE ONLV

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hereby eerxlfy that xfaeirfirnratiar provfded oit this applicarian and nn any additional subnrdtdrr

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City ofSt Clair Shores

Jefferson Circle Dr

St Clair Shores MI

To whom this concerns

I am writing you on behalf of Operation Give ac charitable foundation legally formed

under the laws of the State ofMichigan to request that the St Clair Shores City Council recognizeus as anonprofit organization so that we may obtain a Raffle License from the State of Michigan

The idea behind Operation Give was created in when a group of friends gathered to host a

small event to benefit a local charity Our group hosted a fundraiser in and and after

seeing what a success it was decided to legally form a charitable foundation Operation Give was

legally formed in Every December we host a charity event and donate of the net

proceeds to the ChildrensHospital of Michigan Foundation CHMF Since its legal formation

Operation Givesannual charity event has become more and more successful we started in

with a small person cocktail party and have grown to having alargescale dinner event and

hosting almost people in In Operation Give made a pledge to CHMF that it would

donate over threeyears and we are proud to say that we donated in and

in After this years Event we are confident that we will far exceed our

pledge to CHMF

This years Event the Birthday Bash will be Friday December nd from pm to

am at the Westin Book Cadillac in Downtown Detroit The Event will be a sitdown dinner and

feature a Silent Auction live entertainment speakers from ChildrensHospital and will be emceed

by Fox s Ryan Ermanni We also hope that we will be able to host an inhouse raffle

The members of Operation Give spend August through December planning and organizing the

Event as well as gathering sponsors silent auction donations and dinner attendees We are based

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out of our registered office on Harper and ll Mile in St Clair Shores which is where we handle all

ofour administrative tasks such as accounting Operation Give also holds some of its membermeetings at restaurants in the area As such being that St Clair Shores is where we do most ofour

business we ask that you recognize us as anonprofit organization in the community

Thank you for your time and consideration Ifyou are interested in more information on OperationGive or our Birthday Bash please visit our website at wwwoperationgivefoundationcomAlso feel free to contact me with any questions you may have

Kind regardss

Alison QuinnOperation Give Treasurer

alisonquinn@gmailcom

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AIdAfl Charitable Gaming Division

Box Lansing MIS OVERNlGHTDELIVERY

E Hillsdale Lansing MI

vewwmichigangovcg

LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSESRequired byMCtKii

At aREGULAR OR SPECIAL

called to order by

TOWNSHIP CITY OR VILLAGE COUNCIUBOARD

onDATE

atME

Moved by

ampmthe following resolution wasoffered

and supported by

that the request from ofNAME OF ORGANIZATION CITY

county of asking that they be recognized as aCOUNTY NAME

nonprofit organization operating in the community for the purpose of obtaining charitable

gaming licenses be considered forAPPROVALDISAPPROVAL

APPROVAL DISAPPROVAL

Yeas Yeas

Nays Nays

Absent Absent

I hereby certify that the foregoing is a true and complete copy of a resolution offered and

adopted by the at aTOWNSHIP CITY OR VILLAGE COUNCIUBOARD REGULAR OR SPECIAL

meeting held onDarE

SIGNEDTOWNSHIP CITY OR VILLAGE CLERK

PRINTED NAMEAND TITLE

meeting of the

ADDRESS

COMPLETION RequiredPENALTY Possible denial of application

BSLCGR

Michigan Department ofLabor Economic Growth

Filing Endorsement

This is to Certify that the ARTICLES OF INCORPORATION NONPROFIT

for

GIVE BACK DETROIT

D NUMBERN

received by facsimile transmission on December is hereby endorsed

Filed on December by the Administrator

The document is effective on the date filed unless a

subsequent effective date within days afterreceived date is stated in the document

OfVBOR fCOI

a

IaCOMNERCPS

Sent by Facsimile Transmission

In testimony whereof have hereunto set myhand and affixed the Seal of the Departmentin the Cityof Lansing this ST dayof December

Director

Bureau of Commercial Services

Z PAX GMi X

fClCDRev

MICHIGANlIEPARTMNTtF LABOR ECONOMIC GROWTHUREAU OF COMMERCIAL SERVICES

Datefecelved FOR BUREAU USE ONLYi

Thls cocument Is ffective on the date filed unless asubseuenteffective date within days after receiveddate i Stated in thedocamant

James pAddress

alarmarco Mullins J Horton PC W Bi Beaver Road SuiteClty State Zip CodeTr Michigan

Document will be returned to the name and address you enter aboveH leftblank document wilk be mailedto the reglstared offic

ARTICLES OF INCORPORATIONFor use by Domestic Nonprofrt Corporations

Please read information and instructions on the last pagePursuant to thepovisons of Act Public Acts of the undersigned corporation executes the followingArticles

The name of the corporation is

Gtve Back petroit

ARTICLE

Ths purpose or purposes for vhich the corporation is organized are

A To receive and administer funds and to operate exclusively for charitable religious scienirfic literaryeducational purposes within the meaning of Section of the Internal Revenue Code of or comparaprovisions of subsequent legislation the Code and in particular the making of distributions to organizations that quaas exempt organizations under Sectiondc of the Gode

B To acquirerwn dispose of and deal with real and personal property and interests therein and to aFgifts grants bequests and devises and their proceeds in futiherancE of the purposes of the Cotpvration

C To do such things and to perform such acts to accomplish its purposes as the Board of birectors ndetermine to be appropriate nd as are not forbidden by Section c of the Code with all the power conferrednonprofit corporations under the laws of the State of Michigan

ARTICLE III

The corporation is organizedupon a Nonstoek basisStock or Nvnstock

If organized on a stack basis the total number of shares which the corporation has authority to issue is

If the shares are or are to be divided intothe designation of each class the number of shares in each class and the relative rights preferences and

ns of the shares of aaCh class are as fnllnwc

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ARTICLE III conea If organized on a noiristock bases the description and value of its real property assets are if none insert none

None I

b The description and value of its personal property assets are if none insert noneNone

c The corporation is tca be financed under the following general plan

The Corporation is tbe financed through contributions and investment income

d The corporation isCganized on a Directorshi basisMembership or Directorship

IV

The address of the registred office is

Ha er Avenue St Clair Shores MichiganStreet Address City ZIP Code

The mailing address of tha registered office if different than above

Street Address orROioxMichigan

pity ZIP Cede

The name of the resident agent at the registered office isNick Aubre

ICLE V

names and addresses cif the incorporators is are as follows

NameResidence or Business Address

Charles J Thomas II W Bi Beaver Road th Floor fro MI

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Use space below for additional Articles or ifor continuation of previous Amides Please identify any Auricle being continued oradded Attach additional pagers if needed

ARTICLE VI

A No member of the Board of Directors of the Corporation who is a volunteer director and no volunteeroffcer as those terms are deffined in the Michigan NonProfit Corporation Act as amended the Act shall be personallyliable to the Corporation for Iranetary damages for a breach of the directors or offrcersfiduciary duty However thisprovision shall not eliminate aa limit the liability of a director officer for any of the followinga brech of the directorsor officersduty of loyalty to the Corporation

actstromissions not in good faith or that involve intentional misconduct or a knowing violation oflaw

a violation of Section of the Act

a transaction from which the director or officer derived an Improper personal benefit

an act or omission occurring before the filing of these Amides of Incorporation or

an acl or omission that is grossly negligent

g The Corporatean shall assume all liability to any person other than the Corporation for all acts or omissionsof a volunteer director occurring on or after the filing fthese Auricles of Incorporation and incurrdin the good faithperformance of the volunteer direetvrsduties The Corporation shall not assume any liability for excise taxes imposedunder Chapter of th Code The Corporation shall not assume any liability resulting from claims arising under state lawfor mismanagement of theaorparationis assets The Corporation shall not assume any liability to the extent theassumption is inconsistent with the status of the Corporation as an organization described in Sectionc of the Code

C The Corporateanshall assume all liability for all acts or omissions of a volunteer officer or other nondirector volunteer as those terms are defined in the Act other than liability for excise taxes imposed under Chapter ofthe Code occurring on or after the effective date of the fiiing of these Articles of Incorporation if all of the following are met

the volunteer wasiacting or reasonably believed he or she was acting within the scope of his or herauthority

the volianteer was meeting in good faith

the volianteersconduct did not amount to gross negligence or willful and wanton misconductthe volinteersconduct was not an intentional tort and

the valtmteersconduct was not a tort arising out of the ownership maintenance ar use of a motorvehicle for which ort liability may be imposed as provided in Section of the Insurance Code of ActNo of the Public Aas of being Sectionxof the Michigan Compiled Laws

However the Corporation shall no assume any liability to the extent the assumption is inconsistent with the status of theCorporation as an organization lescribed in Section c of the Code

D If the Act is amrnded afterithe filing of these Auricles of Incorporation to authorize the further eliminaion orlimitation of the liability of directors officers or nondirector volunteers of nonprofit corporations then the liability of theCorporationsdirectors officers and nondirector volunteers in addition to the limitation elimination and assumption ofpersonal liability contained in this Article will be assumed toy the Corporation or eliminated or limited to the fullest extentpermitted by the Act as so amended except to the extent such limitation elimination or assumption of liability isinconsistent with the status of the Corporation as an organization described in Sectionc of the Code Noamendment or repeal of this Article will apoly to or have any effect on the liability or alleged liability fany such person forany acts or omissions occurring prior to th effective date of any such amendment or repeal

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ARTICLE VII

A The Corporation will distribute ifs incame at such time and in such manner as not to become subject to the taxon undistributed income imposed by Section of the Code

B ThE Corporation wiA not engage in any act ofselfdealing as defined in ectlan of the Code

C The Corparationwill not retain any excess business holdings as defined in Sectionc of the Code

d The Corporation will not make any investments in such manner as to subject it to tax under Sectionof the Code

E The Corporation will not make any taxable expenditures as defined in Section of the Cade

ARTICLE VIII

The Corporation including allaCtivities Incident tIts purposes shall at all times be conducted so as to be an organizationdescribed in Sectioncof the Gode Notwithstanding any other provisions of these ArtiGes the Corporation shall notcarry on any other activities nor permitted to be carried on by a a corporation exempt from federal income tax under Sectioncof the Gode b acoporation contributions to which are deductible under Section c and Section orof the Gode or c a nonp rofit corporation organized under the laws of the State of Michigan pursuant to theAct

No part of the assets ar net earnings of the Corporation shall inure to the benefit yr be distributable to its directors officers orother private persons exceptihat the Corporation shall be authorized and empowered to pay reasonable compensation forservices rendered and to make payments and distributions in furtherance of the purposes set forth in Article Il above

No substantial part of the actlities of the Corporation shall be the carrying on of propaganda qr Otherwise attempting toinfluence legislation and theCorporatian shall not participate in or intervene in including the publishing or distributing ofstatements any political campaign on behalf of or in opposition to any candidate for public afPice

ARTICLE IX

Upon the termination dissolution or windling up of the Corporation the Board of Directors shall after paying ar makingprovision for the payment of adl liabilities of the Corporation distribute all assets of the Corporation to an organization arorganizations as are organized and operated exclusively for one or more exempt purposes within the meaning of Sectionc of the Code as amenied ar to the federal government or to a state or local govemment for a public purpose Anysuch assets not odisposed oi shall be disposed of by the Circuit Court in the County in which the principal office of theCorporation is then located exclusively for such purposes

I the incorporator gn my amehis st

Charles J Thornas III

ClCDD

Marne of person or organizatior remitking fees

James P Zavell

day of December zaoa

Preparers name and business telephone number

James P Zavell

X

PM

EIN Individual Request Online Application Page of

EIN Assistant

Your Progress Identity Authenticate Addresses Detaits EIN l

Congratulations The EIN has been successfully assigned IHelp Topics

EN Assigned

Legal Name OPERATION GIVE

The confirmation letter will be mailed to the applicant This letter will be the applicantsofficial IRS notice and

will contain important information regarding the EIN Allow up to weeks for the letter to arrive by mail

We strongly recommend you print this page for yourrecords

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AMENDED BYLAWS OF

OPERATION GIVE

ARTICLE IBOARD OF DIRECTORS

Section Directorshia The Corporation shall be organized upon a directorship basisThe property business and affairs of the Corporation shall be managed by its Directors

Section Number and Term of Office

A The Directors of this Corporation shall consist of not less than threenor more than five persons as determined from time to time by the Board of Directors

B Directors shall be elected by the affirmative vote ofthe Board of Directorsat its annual meeting and vacancies shall be filled as provided in Paragraph E below Thedirectors shall be elected for atwoyear term Directors shall be eligible forreelection

C Any Director may be removed from office with or without cause at an

annual or special meeting ofthe Board ofDirectors by the affirmative vote of a majority of theDirectors then in office

D Any Director may resign by written notice to the Corporation Theresignation will be effective upon its receipt by the Corporation or a subsequent time as set forthin the notice of resignation

E If a vacancy shall occur among the members of the Board as a result ofdeath resignation removal or otherwise such vacancy shall be filled by the affirmative vote ofamajority of the remaining Directors though less than a quorum of the Board of Directors Aperson selected to fill such vacancy shall be a Director until the next annual meeting ofthe Boardof Directors of the Corporation or until his or her death resignation or removal prior to the nextannual meeting

F Upon the death of the last surviving Director without having appointed a

successor or successors the Corporation will dissolve and the assets will be distributed as

provided in the Articles of Incorporation

Section General Powers as to Neeotiable Paaer The Board of Directors shall fromtime to time prescribe the manner ofmaking signature or endorsement of checks drafts notesacceptances bills ofexchange obligations and other negotiable paper or other instruments forthe payment ofmoney and designate the officer or officers agents or agents who shall from timeto time be authorized to make sign or endorse the same on behalf of the Corporation

Section Powers as to Other Documents The Board of Directors may authorize anyofficer or officers agent or agents to enter into any contract or execute or deliver anyconveyance or other instrument in the name of the Corporation and such authority may be

general or confined to specific instances When the execution of any contract conveyance orother instrument has been authorized without specification ofthe officers authorized to executethe same may be executed on behalf of the Corporation by the President or any Vice Presidentand attested by the Secretary an Assistant Secretary the Treasurer or any Assistant Treasurer

Section Compensation Directors shall serve without compensation but shall bereimbursed for actual reasonable and necessary expenses incurred by a Director in his or hercapacity as a Director

ARTICLE II

MEETINGS

Section Annual Meeting The annual meeting of the Directors of the Corporationshall be held at the principal office of the Corporation or at such other place within or withoutthe State of Michigan as may from time to time be selected by the Directors on the third

Thursday in December in each year or at any other place or date as designated by the Directorsfor the purpose of electing or appointing directors and officers for the ensuing year and for thetransaction of such other business as may properly be brought before the meeting

Section Regular Meetings Regular meetings of the Board of Directors may be heldwithout notice at such times or intervals and at such places within or without the State of

Michigan as may from time to time be determined by resolution of the Board which resolutionmay authorize the President to fix the specific date and place of such regular meetings in whichcase notice of the time and place of such regular meetings shall be given in a manner hereinafter

provided

Section Special Meetines Special meetings of the Board of Directors may be called

by the President and shall be called by the President or Secretary at the direction ofnot less thantwo Directors then in office or as may otherwise be provided by law Such meetings shall be

held at the principal office of the Corporation unless otherwise directed by the President or

Secretary and stated in the notice of meeting in which case the meeting may be held at any placewithin or without the State ofMichigan Any request for a meeting by Directors shall state thepurpose or purposes of the proposed meeting

Section Notice of Meetines When notice of a meeting is required by these Bylaws or

by law such notice shall contain the time place and purpose of the meeting shall be signed bythe President or Vice President or the Secretary or an Assistant Secretary and shall be servedeither personally or by mail upon each Director not less than ten nor more than sixtydays before the meeting provided that no notice of the adjourned meetings need be given If

mailed the notice shall be directed to each Director at his or her address as it appears in therecords of the Corporation unless he or she shall have filed with the Secretary thereof a written

request that notices intended for him be mailed to some other address in which case it shall be

mailed to the address designated in such request Such further notice shall be given as may be

required by law Meetings may be held without notice if all Directors are present in person or ifnotice of the time place and purpose of such meeting is waived by telegram or other writingeither before or after the holding thereof by all Directors not present at such meeting

Section Quorum Three or more Directors then in office shall constitute a quorumfor the transaction of business and the action ofa majority of the Directors present at a meetingat which a quorum is present shall be the action of the Board of Directors except as action by a

majority of the Directors then in office may be specifically required by other sections oftheseBylaws No proxy shall be permitted

Section Executive and Other Committees The Board of Directors may byresolution passed by a majority of the whole Board appoint one or more members of the Boardas an executive committee to exercise all powers and authorities of the Board to manage thebusiness and affairs of the Corporation except that the committee shall not have power or

authority to

a Amend the Articles ofIncorporationb Adopt an agreement ofmerger or consolidationc Amend these Bylawsd Fill vacancies in the Board

The Board of Directors from time to time may by like resolution appoint such othercommittee of one or more Directors with authority as specified by the Board in the resolutionappointing the committee The Board of Directors may designate one or more Directors asalternate members of any committee to replace any absent or disqualified member at anymeeting

Section Conduct of Meetings Meetings ofthe Directors shall be presided over by thePresident The Secretary or an Assistant Secretary of the Corporation or in their absence a

person chosen at the meeting shall act as Secretary ofthe meeting

Section Action by Unanimous Written Consent If and when the Directors shallseverally or collectively consent in writing to any action to be taken by the Corporation eitherbefore or after the action is taken such action shall be as valid corporate action as though it hasbeen authorized at a meeting of the Directors and the written consents shall be filed with theminutes of the proceedings of the Board of Directors

Section Telephonic Conferences A Director may participate in a meeting ofDirectors by a conference telephone or similar communication equipment by which all personsparticipating in the meeting may hear each other if all participants are advised of thecommunications equipment and the names of the participants in the conference are divulged to

all participants Participation in a meeting pursuant to this Section constitutes presence in personat the meeting

ARTICLE III

OFFICERS

Section Election or Appointment The Board of Directors shall elect a President a

Vice President a Secretary and a Treasurer of the Corporation at every other annual meetingand may elect one or more Assistant Secretaries and Assistant Treasurers The same person may

hold any two or more offices but no officer shall execute acknowledge or verify any instrumentin more than one capacity The Directors may also appoint such other officers and agents as theymay deem necessary for the transaction ofthe business ofthe Corporation

Section Term of Office The term of office of all officers shall commence upon theirelection or appointment and shall continue for two years until the next annual meeting of theCorporation and thereafter until their respective successors aze chosen or until their resignationor removal Any officer may be removed from office at any meeting of the Directors with orwithout cause by the affirmative vote of a majority of the Directors whenever in their judgmentthe best interests of the Corporation will be served thereby An officer may resign by writtennotice to the Corporation The resignation shall be effective upon its receipt by the Corporationor at a subsequent time specified in the notice of resignation The Directors shall have the powerto fill any vacancies in any offices occurring from whatever reason

Section Compensation Any officer who is an employee of the Corporation shallreceive such reasonable compensation for their services as may from time to time be fixed bythe Board ofDirectors

Section The President The President shall be the chief executive officer of theCorporation and shall have general and active management of the activities of the Corporationand shall see that all orders and resolutions of the Board of Directors are carried into effect Heor she shall execute all authorized conveyances contracts or other obligations in the name of theCorporation except where required by law to be otherwise signed and executed and except wherethe signing and execution thereof shall be expressly delegated by the Directors to some otherofficer or agent ofthe Corporation He or she shall preside at all meetings ofthe Directors He or

she shall perform all other duties generally incident to the office of President In his or her

absence the Directors present at the meeting shall designate another presiding officer

Section Vice President The Vice President shall in the absence or disability of thePresident perform the duties generally incident to and exercise the powers of the President andshall perform such other duties as the Board ofDirectors shall prescribe

Section The Secretary The Secretary shall attend all meetings of the Board ofDirectors and record all votes and the minutes of all proceedings in a book to be kept for thatpurpose He or she shall give or cause to be given notice of all meetings of the Directors forwhich notice may be required and shall perform such other duties as may be prescribed by theBoard of Directors The Secretary shall execute with the President all authorized conveyancescontracts or other obligations in the name ofthe Corporation except as otherwise directed by theDirectors and shall perform all other duties generally incident to the office of Secretary

Section The Treasurer The Treasurer shall have custody of the funds and securitiesof the Corporation and shall keep full and accurate accounts of receipts and disbursements inbooks belonging to the Corporation and shall deposit all moneys and other valuable effects in thename and to the credit of the Corporation in such depositories as may be designated by theDirectors He or she shall disburse the funds of the Corporation as may be ordered by the

Directors taking proper vouchers for such disbursements and shall render to the President and

Directors at the regular meetings of the Directors or whenever they may require it an account

of all his or her transactions as Treasurer and of the financial condition of the Corporation Ifrequired by the Directors the Treasurer shall give the Corporation a bond in such sum and withsuch surety or sureties as shall be satisfactory to the Directors for the faithful performance of theduties of that office and for the restoration to the Corporation in case of his or her deathresignation or removal from office ofall books papers vouchers money and other property ofwhatever kind in the Treasurerspossession or under his or her control belonging to the

Corporation The Treasurer shall perform all other duties generally incident to the office ofTreasurer

Section Assistant Secretaries and Assistant Treasurers The Assistant Secretariesand the Assistant Treasurers respectively in the order designated by the Directors or lackingsuch designation by the President in the absence ofthe Secretary or Treasurer as the case maybe shall perform the duties generally incident to and exercise the powers of such Secretary or

Treasurer and shall perform such other duties as the Directors shall prescribe

ARTICLE IV

INDEMNIFICATION

Section Indemnification and Insurance The Corporation shall to the fullest extent

now or hereafter permitted by law and by regulations and rulings issued by the Internal RevenueService indemnify any Director or officer ofthe Corporation and to the extent provided in a

resolution of the Board of Directors or by contract may indemnify any volunteer employee or

agent of the Corporation who was or is a party to or threatened to be made a party to any

threatened pending or completed action suit or proceeding by reason of the fact that suchperson is or was a Director officer volunteer employee or agent ofthe Corporation or is or was

serving at the request of the Corporation as a director officer partner trustee volunteeremployee or agent of another corporation partnership joint venture trust or other enterprisewhether for profit or not for profit against expenses other than taxes penalties or expenses of

correction including attorneys fees which expenses may be paid by the Corporation in

advance of the final disposition of such action suit or proceeding as provided by law actuallyand reasonably incurred by such person in connection with such action suit or proceeding ifsuch

person acted or refrained from acting in good faith and in a manner such person reasonablybelieved to be in or not opposed to the best interests of the Corporation and such person is either

successful in his or her defense or the proceeding is terminated by settlement and such personhas not acted willfully and without reasonable cause with respect to the Corporation duties

concerned and with respect to any criminal action or proceeding if the person had no reasonable

cause to believe his or her conduct was unlawful The Corporation may purchase and maintain

insurance on behalf ofany such person against any liability including penalties taxes expensesof correction judgments settlements or expenses asserted against him or her and incurred byhim or her in any such capacity or arising out ofhis or her status as such whether or not the

Corporation would have the power to indemnify him or her against such liability under the

provisions of this Article or under the provisions of Sections through of the MichiganNonprofit Corporation Act

Section Rights to Continue The indemnification herein provided for shall continue asto a person who has ceased to be a Director or officer of the Corporation and to the extentprovided in a resolution ofthe Board of Directors or in any contract between the Corporation andsuch person may continue as to a person who has ceased to be a volunteer employee or agent ofthe Corporation Any indemnification ofa person who was entitled to indemnification after suchperson ceased to be a Director officer volunteer employee or agent of the Corporation shallinure to the benefit of the heirs personal representatives and administrators ofsuch person

ARTICLE V

FISCAL YEAR NOTICES

Section Fiscal Year The fiscal year ofthe Corporation shall begin on the st day of

January of each year and shall end on the st day of December following

Section Notices Any notice required by statute or by these Bylaws to be given to the

Directors or to any officer of the Corporation unless otherwise provided herein or in any statuteshall be sufficient if given by depositing the same in a United States post office box or receptaclein a sealed postpaid wrapper addressed to such Director or officer at his or her last address as

the same appears on the records of the Corporation and such notice shall be deemed to havebeen given at the time of such mailing

ARTICLE VI

AMENDMENTS

Section Amendments These Bylaws may be altered or repealed or new Bylaws maybe adopted in lieu thereof by the affirmative vote of a majority of the Board ofDirectors then inoffice at any regular or special meeting of the Board if a notice ofthe proposed alteration repealor substitution be contained in the notice ofsuch meeting

ARTICLE VII

SEPARATE FUND

Section Creation of Separate Fund In the event the Corporation receives property as

the result of a Directorsa qualified disclaimer of property for federal gift or estate tax

purposes or b funding of a split interest trust as described in Sectionaof the

Internal Revenue Code of as amended whether directly or indirectly through execution of

a qualified disclaimer for federal gift or estate tax purposes then such property shall be

segregated and held in a separate fund as provided below

Section Administration ofSeparate Fund Each separate fund shall be administered

and distributed by a separate fund committee consisting of one or more members ofthe Board of

Directors of the Corporation other than the Director whose actions as described above resulted

in the transfer of the subject property to the Corporation hereafter the Establishing DirectorThe members of such separate fund committee shall be selected by the Board ofDirectors other

than the Establishing Director The Establishing Director shall have no right to vote or otherwise

participate in any decisions relating to the composition of the separate fund committee the

administration ofthe separate fund or the use or distribution of the principal of or income from

the separate fund The Establishing Director shall have no right to participate in any decision

relating to amendments to the governing instruments of the Corporation that would alter this

Article VII or otherwise affect the separate fund or the separate fund committee

Dated June

aim cSTEP ANI JUDD Secretary

CITY COUNCILNOVEMBER

AGENDA ITEM Request for approval of the sale of an NSP home at Colony

BACKGROUND The city has completed the rehabilitation of this NSP home The

city has received one qualifying bid for this property

Address Colonyof Offers

Highest Bid

ENCLOSURES Citysolicited AppraisalSchedule for Subsidies for Required Affordability Period

Purchase AgreementProforma for each Bidder

PROPOSEDRESOLUTION

It was moved by Councilperson and supported byCouncilperson to approvedenya request to sell Colony to

Client Identifier U for

VOTE Ayes

Nays

Abstain

Absent

Prepared byCaryl PF

Reviewed by

unity Services Dept Secretary

City Planner

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O W

REAL ESTATE NE INCPURCWASEAGREEMENTes

BROKERAiDfSSDW LakeR TELEPHONE FAReal Estate Qrre lrrc d its designated salespeople areagerds tar theQ Seller Purchaser Seiler and PurchaserOvalsywintiai ever inttielsJ acknowledge fhatthis isor is notaninhousetransaaion in

which theiuyerand a represetrfedbydesignated salespeople or sameapeople

AtiREERENTTO SEttTheurdetaigr Seger and Purchaser agree to sell and punGmse the fouowing rest property lokatedintheIGb Village ownshipJ of st arshores w County PJdcligan described as

follows pagai description and tack ID Nois ib r D

cornmony known as address zfocoloav st which is Form Qor is trot on a privateroad together with al irrrprovemeMS and appurtsnanoes incwdirlg ttghlmg fittures shades bends curtem rods traverse rodswindow trearirients storrn windovrs and doorssens evenings TV anteruta rotor and corrtfots sateAite dish and accessknneswater sotterrer rerrtai utdts excluded seceelty system central vawum system and aUachrnrrrts attached mirrors garage dooropeners and transmitters fireplace enclosures grates bgs arid gas lardscapirrg attached hurrrfdifier fuel in tanks at

thefime Of possession ail iaclasd down csrpefmg rf arty raw on thepremises and Par rbs AsGthePrnparlyjandPukrrtraseragrs pay Sederthe

SUMOf fititrFear Thdnaaad DofrsBOOQtfm Purchase PricesrrjecEto the extsngbtrBdie acrd use restrictions easements arxf xarirrg ordrrratroes if any in accordance

wfh theterms and subjecl to the editions setforth ht thisPurdrase Agreenrervt AgreemettCPAfAAENT This frarrsadion shadbe consummated by thesubparagraph dxrclted belaw Cheat bwcthat apPesA Cash Este Seller shall delnrarto Pururaserthe usual tNartarrty Deed conveyfing statlcetable tieupon tender of the PurchasePriceThe Pwzhase Pdce shalt be paid by cashierscheck orcertilied frmds Attach SurvayrAdderdvrnformA Sjf Cash Sate Vlfittr New Mortgage This Agreement is oontingerdupon Purcltasersabidty to secure a

mortgage in the amount lia oa Ptrtcfreser agnRSto pay Nre sequlred downpayment plus matgage costsprepaid Hams and adjuslrnanls Seller shall dedner Pumchagerthe usual Warranty Deedconveying marltetalcle titre uPnt tender of

the Purchase Price The Purctraea Price shelf be paid by cashiersCheclk or retdCied fundsturtsasetagrees to apRiY for a

mortgage et his ownexpanse within ti catiendar days from thedate of Seetsacceptance of this Agreeanent Purritsragreesko promptly and in good faith comply with fftelendersrequest farnecessary irtfonrration rreQrfetl to process flee loanappdcafion ffa

firnrcrnrrrrtnerttfor thespecfbed mortgage cannot be obtained wHhh o days from re date of SepesacceparoeendPrrttreserfaits to extend tl lima iRvKirlgwithin S days Ofihe deaddrre fora patron not exted days from thedate of

Sedersacceptance of thisAreernetrtrisAgreement stteii be ncdl and void arrd the Deposit shall ba rebsrnedbPiudaserWrrlten

evidence of mortgage deralshall be immediately presentedto Setterfnbofthespedfied mortgage shalt render this Agreementnull and win and the Deposit slreB beretrurred bo Purchaser The parties agree ihel if the appraised value of the Property is less

than tikePutthasePace Pundraser may declare ties Agteemerrt udand voidand the Depositstrati be rebsrredC Sate Subject xtidstVlgAAottgage Simple ASBSanptlonAttetlfTerms of Sale Addendum FormD Sate Subject tDfdstFrtg Mortga Ragerarffioation RequiretfAitBdt Terms of Sate Addendum FormfiE Sale by Land Cosetract Attach Land ContractAddendum FormFLOOD INSURANCE Purchaser may at ttis expenseobtain a Ftoodpiekt Cwtlfimtbn within calendar days trorn thedde of

Sedersacceptance of this ggteearenL fffhe CertHtcation disCtosthat theProperty is ina Special Ffaad NazdAra Purdraser

may notify Seller inwrttg within days from the date of theCerSibktion Crat PufCFraerdedarrsthis Agreement nun anti

void andtheBeposit shaA be rettuned to Pundraser Faure to notify Seder that theWapeAy isina Special Flood Nasmd Area vfitltin

this fmre period shallcatikrteavraiver of Putnhasetstight temrinahe theAgreement underthisparagraph and Purchaseragreesto DbInapodey of flood irwttfenteH nagtrbedpdp s hfthentlgatender

SELLERSDISCLOSURES Purchaser adarowledg that he received from Seller a eaeraLkSClioaure Statement and if rite

Proptuty is reslderrliet housing buntbefore aLeadssetfPaint arxfLeedasadPaafHeaarrls Disabataa priorto stgnitrq rtes

AiBetent Purchaser acarttedges that the irdanratbtr prtmided ill the aGersDlsdawne Sdaernen LeaaFlassd Paint and

LesefiBased Paint Tiaxards Disclosrere andarty other property disclosuresatetntmt iss based upon Sedersknowledge and is nara

warranty m any ketffi by Seiror Ltsdng and Selling okers std their satespsvpte bj rwt a srdxlituttefvr any inspecrtsar

wanarties Purchaser may wish otlntprovfdad solely bi Seder artd is not a representation made by tistfaty and SdfurgBrokers and their salespeople and d a destdosure txUy and notartended tD beamtof thisAgraement Setteravdwrzestrolcer to

detfbrste copies of thetbsdosures to any tender appraiser and municpaNyr upon Ptadrasersrequest

COAIDfPON OF PROPERTY Purchaser adtrrowlees that he is psrchasing a USED strucdrre about wtticirfroker and its

Salespeople have shade rrorepreasristions orwarranties of arty and Purchaser sdarowledges tPret fofaer htm to have the

Pmpetty privately inspetead try aquadfind home inspeclian campatry at Pusdmsers

inifiais Seder ItBtiels Pu

REOrevii Page i of bReal Fstste Oita Inc

ILerlFsrmttrrrinstayDWtongLaeRdTivyMQ oaCbrooyStPwncASS FaxSl LindaRn

AatlcoGvatYrFarRtptarycaNaPNeureRarrHeseUiCflbrn I

S PROPERTY INSPECFEOAL Note lrrspectiorls racfuired brFiiA VA iandars ormunroipaHtesare not made for norshould

they tre retied upon blr PurrhasEriutrer OOFS LI DQES NOT choose b have the Property inspwfed at Purdasers

expanse fftheProperty is obe privately inspected theioowaig clause shall applyr Slier shai grit an inspector of PurcJmseasdroneaccess ZQ lire Property to inspect aad report upon thegenasai physrcafratddfonof the Property inducting but not itmHed ter

thepturnbing heating and elocicalsystems end rmirretion of square footage ff the Property has been vrirrterfzsd Seger shaftat his expense dewinierize the rtpriorto theanon The iaapeconsfratl be Corrdrided within calendar daysfromthe date of SeGerSacceptance of thisfgreernerrt ffthe insP discloses arty defeat in the Properly which resrrlis in the

Pundraser having cause to edissatisfied withfire grrrent ptryskai condtlfon of thePrrerty Purchaser shall notify Seller in writingvritltin a days following the trrspecGorr that Purchaser a declarers ties Agreement Holt and wid and the Deposit shah be

tehrmed orb requests Segert remedy the dafect Failure to notify Seiler of a defect withinth time period shall cansfihrte awaiverof this paragraph by fhe Ptadtesec and he shalt accept theProperty AS IS ffthe Seller is timely notified of a detect he shaft notifyPurchaser invrtifatg within days that eller a wGi nzpair or provkte for repair belerimate the defect disdosad on the

inspection report or b isurnnHing b repair or provide for repair fSeiler declares ids unrriiGngness to repsuor provide forrepairPeuchaser may aacxept the Properly AS S errb dedethisAgreement null and void and theDeposit Shat be rehrmed

tEAiASED PANT IKPECTiA This aonirad is wrttirtganf upon arisk assessment or inspection of the Property fnr the

presence of leadbased psirrt andordbasedpahrttniras deSned at Purdrasarsexpense This oonngencywtiexpire on

or itealettdardays foIIOwtng Sefletssoxptance of this Agrerrnerrt whidtever ocaxss first unless

Puroheser or his agent detNers Lb SeGer or his awrftlen Gst of iiroe apecic defidendes and correcions roeedadtogether vritlt a copy of the inspecvnorrisk assessment report Sellermay at Tiersoption within days after receipt of alust

and aocorrlpauyuutgreport elect in wrtfinq to ooaect the condition prior to dosing H Seiler will coned the eondGon Seller shelf

ftsrtish Purdteser vritit Mientram a riskassessor or inspector demorstrading that the wnddiort has bean remedied prior to

closing if Seger doesnotelect to make firerepairs orS Settermakes a courrtrproposal Purdasershal have nays to

reond bD the counterproposal or remove this oorrtingancy and take the Property in AS IS cotriHeon or this Agreement shall

becomevoid ertd the Deposit shall be returned to Purdtaser Putcttasermay remove this cantbtgengr at any time wflrrout senseA

inspection periods provided forbr this Rgraemsrrt shaft remooncunrndy Paetchaser waives this corrticcgeney

INUNtgPAUTY tNSPECTiON tfthemurriapagly inwhich thePrrerq is located requVes an inspection prior th dosing Seller shalt

pay for the inspection and arry repairs required m obtaGs thevrfffiecr app ofmunidpaMy

S iOiYIE PROTCONPLAN Prrrdmser adutowledges notice of Ste avatihbtGiy end cwst of a ttorne proteconplan Purchaser

ogees Za hold Seiler Lisng and SellirgBrokers and their salespeople harmless foraH datens which would be covered by s trome

ptatedFarr Alen whattterorrr PurcFrasesaccepls theplanPurchaser nes or OArxe a HOme Protectien Panprovided at

Sellersexpense by company or CiPurstrasafs etrperr by Company

tTirtEINSIIRAPICE

A Seiler aggrees to fiunish Purdtaser with a Policy of OwrrersIdle insurance tvdhout standard exoeptians in an amours Hat less

ttnthePurdrase Price bearing s date finer them ttte date of SeePs aewptanw of this AgreerrreM and guaratrteeing thetitle in

the condition required forpecfomranoe of IIvsAgreernerrt lrranedistely upon receipt Seller sttafl provide Purctraser witha wpy of

@x titre rxtmrrdbrrantwhich shag Ne updated through thedate of dosing Purchaser agrees to obtain acrd pay for a mortgage or

stakesurvey it required to obtainthepolicyB ffobjection to the Bite ismade based upon a vrditan opihion of Purdlasefs attamey that the tithe is rtoE nthecortditiat requrled

br performance of thisAgreeaneni Berber shalt have days from the date he is noiffred in wfitirrg of itte pattrctdudefects

chimed to either a remedy the tiffor b rafratd the ft in tuQ termination of this agreement ifSeller remedies thetitle

wftitut thetime spedfiad Purchasersira cornpiete itresale viMitt days of written raiilicaiion ffSeflar is unable to remedy the

fifewftttin firetime spedfled the Ciepoeit shati beteGrrtdai isfugtennktntion of this agresmertLC If title Carr be conveyedinthecondition requied hereunder Punllaser agrees to oampiete thesale wtltdn days after delivery

of the oorrmwitrnerrtfortine irtsuranoe Fiawever ffthesale is m be wnsuavnated inaaardenca wid SubparagraptrsBorZD

then closing shat be as soon the mortgage applicafrorr is appnoved a dosir date oUffitnad from firelender and rF appecatde

the frtgi inspediort ofthe Property isapproved byrfhe VA orFHA

d Purchaser agrees to pay the dodng fees cdtarged bythe title irtaaarrcz rrontparrywhidr rpervises thedosing

TAXItArvilESPIlEtiTSlEtLSA M taxes which have become a flan orrttre Properly as of the dosing date shall be paid by Baiter excerpt tiat a au wrrertt

property taxes soffit rte prorated and adusted between Seiler and pcoehassr es of thedoffing dais on a duedais barbs without

regard blien dad ffpaid insrdvanoeegtaxes dueJuly w bs treated as ifpaid farthe period Jody throughthe foflowutgJune andtames due iecember vrtll be healed as if paid for theperktd December throutdh fogowitrg Novcrnbar and

b Purchasershag be resportslefor the phymsnt of all property taxes falling due after thedosing lath vrithouE tegmd b lien

date Cslslsnt Homeawnass SubdiviSiort or Condominium Assocdstbn dues and assessments rF arry shell also se prorated

lrebueatt Salter and Purchaser aS Of the closing date on a due date basis CapiEat or lateraldarges and assessments shall be

paid by Sederat dosingi The firm water and sewage charges shell he prorated andadjusted between Segerand Purdthaeras of thedate atwhist Sffiler

vacetes ttre Nrnperty and surtgrders the iasys blistinq emlwc oksrsttffiI retain and hod fn esaow a mirmum ofEt

from theamount due Seiler at dosing forthese drergea Broker shalt remit theamount afiocated to Serierandrehm thebatarce

ffany b Salter after receipt ofthefttallameireams

Qddihs Seiler i initials Purdtase

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POSSESSIgN AND PROPERTY ItAAiNENANCESetier shag remove ail persona property elect refuse from thebulkfings aril landand shat vacate the Property at dositg bytPNL days after the dosing Until the keys ace surrenderedSalter shalt a continue the operation of all etectrfc gas water and otteerurTity services and b maintain thetrudtregs tend arkottrer Property rt the same oonditign as of the date on whichSeller accagts this Agreement Purahawr reserves the right to walkhrough ttte Property wrZttin hours of Rte SdreciNedclirtgtofYttfat Ste Property was maiotained as mead K PuroFrasar isnot satisbed thatthe buikrrgs land and ottrar Ptoperiy are inilea sameoonditiar estetl thedale on which Seder aooepbed thisAgreement Purchaser shaftrtitySeale to ventingxWCdn s days foNowbrg the wally through fleet Punrarrequests Satterto remedy the defect Fedora to noy Seller of adetect witidn this time period shat corastltute a vraiver of thispatsaph by thePurchaser and he shalt aoospt theProperty AS S iftire Setter is timely nofitiied nt a defect he shalt repair orprovide for repeat toelimmate thedefect vrithin dayslNllersfaihere todarrirratc the defect within the time provided shall be an evert of defaukunder thisAgnxrnenL Putalraser may pursue all evadable legal elect equitable remedies acrda consaurartethe transaction abGerminate theAgreemert and the DeposcT stead be returned Lagting acrdSeertrg Braersartd trek salespeople haae no obligation to

insure the condtiar of the Propertya that the Property Is vacated on flat date apeeified Seller stroll defiper grad Prathaser straitaccept possession of thetropecty subject Lo

Tarrant Riglris Form Tarrant YViBe NoItfrtsFain t nDoes NotAPPY

DUETCLOSING OCCUPANCY BY BALER etter shay pay Puideaseran OcwparrcyCharge ofpar day from the day after dosing through ifre date on which the Property is vacated Broker shall retain and hold in esaaw

from thearnormt due Seller at dosing scattily for theOccupancy Charge Brokershall pay Purchasertheacaved Ocarpancy Charge and rehrm thebalance Ft any to Seller attar Segervacates the Property andaumeriders thekeys toUsting Broker Seller agrees io pay or eimburse Purchaser for sit ousts and e incurred in recovering possession of theProperty indudng atdiral attorneys fees

hotasstg Pense storageactgal atmeys foes endany ether rustsoresesrvehicle shalliulrxie but not be lirratedtowhidr either arise out of a re Conrtecled taRtr Sepsfailure orreiusai to vacate the Property as regrared lly this AgreerrrentDamage DeposlL Broker shati retainartd hold inescrow onh theamount due Ballet at dosing as a

Damage Deposit vctristshall ha govemad by fireattadeed PostGeeing Damageteposk Addendum Form

CLOSING The closing of this sale Shati place at a kxadion designated y tine rtmrtgage lender or abserrt Mat at a placedesignated tsy the tJsflng Stoker The targetdosing dam is thepatinas fart agreeGo a dosrg datetheprzutsiars of paragraph Gshalt corctroL

ADDENDA The fdlowing addenda are attadeed toend made a part ofthis Agrmenierrt tChedc ail first applyFtA FAlAand B Cooperativetlousing Fume ti Land Caruact ForrnitVAVAAdderrdtrm Form New Consinxsion Form Contingent on Sate FainPest inspection Contingency Fain j U VetoedIand Faini Ctoainq CartnrcyForm iCandominirgriFonn ServgqForm OtherAdderdrnnNSr sastxade

tfiDEPOSIT Purdrinstructs efting Stoker to present this offer andaccept a ofSQQQa paid in the formof a arrr and an addpiotrei deposit of rvlfidh isdueand payable on

pogetirertleDepositvrtdchsti held by Sailing Brokeitnacwrdance with MCL nandajifthe offer is acxepGed applied to thepurchase price when thesale is crorrstanmated arb reurrteed to Purchserfthe offeris rejected orwtilydranmfffireAgreement is terminated ptrrsrritto paragraphs artebawe the poetics agree thatSetting Broker haA retain theDeposit to Purotmser and Sepersremedies ft any are rvnited to an award darrrages equal to the

amourht of the Deposit

DEFAULT Kapfutfdiure m pertortn by Setter a Purchaser shop tee an avant ofdefault under tttsAgreement Tf Prmdiaser defaultsSerer may at Sellers optiar pttrstre alt available fagot andequtable rarnedles or tertniriatetheAgrearrreMand seek fafeiuueof theDePOSit as puidated damages tfSeger defaults Purchaser may Pursue ell avapaWe legal and equitable remedies and nialy alsotermFnate theAgraemtand seek a refisrd gfhsDepaaiL Seger and Purdraser agree that Listing and Salving brokers and their

salespeople chapnot be made patties to artyacanfattento enforce arfarririrrrste theAgreement

ENERALAIOVISIONSAlistrng and Selling Brokers and then salespeople have a duty to treat alt parties to thistrarraatuiarr honestyB Purchaser authorizes Stoker to use Purdfasars name inany futnte edvettisit a ptrbc tefaborrsC Ptrrofraser and Selleradmowledge that Listing and eptrcg rokersand thek scespeople are taut parties io thisAgreanientD Ding and Selling Rroinrs and thek salespeople spedticaliy dfstdairn eery resporisrlfrtyflit flee oorWrIrort of theProperty ar forthe

performance of this Agreement by thepartiesE Purchaser end Seger acknowtgenotice tlrat Listing and Selfaeg rdcers may accept a fee or other coresidiionfor the

placsrrmr of an ebshar mortgage loan pfe tke theft flood titre or oUear casualty or hazard insurance err hOrtfe warranty

artstrig Iran this ttansadlon and attprasatyoortaerd thereto as required by Rule ntthe NlichlraAdmtnishative Code

F Purcraser agrees to pay Broker its Real FstaGa nlcsrCompiiarice Fee at doshrg

Qtitiais Baiter Mitials P

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Ca Suerand Purchaser admowledge that they have been advised tv reJnan aitomey to pass upon themaflcetability of thetitle tothe PrCpery antl to ascerthin wttetiter ornotthe provisions of this Agreement have been strictly adhered to Listing and SuingBtokera and ttreir salespeople cannot teglygive such acirdce

it Broker end Ns sakspeople are not experts in the areas of taw tax firranrting insurance surveying stntchrtal carrdrtiorrshazartlous material and erBirreering Ptrrdraser admowledges itrat Broker advised him LO seek professianat advttefnunexpects to these areas

MSCELLANEOtlSA Facsimile Sigmatures The parses adcrrowlerfge and agree that facsirntle aignadtres and intiials are legally enGoraeaWe and

bindingB Binding Agreement This Agremrrertt shaft bkW end inure to the benefit of teheirs personalnprires executors

adrrgnrsCators suorsand assigns of Lire respective partiesC Entire Agnaemerrt lire parties agree that Uris Agreement and ritenferencsd Addenda ordainthe eruhe agreement between

Slierand Pruchaser and rere are no greernenis represeertaBons orunderstandings which have been retied uponby the parties wtiroh are trot stated intide Agreefrent

D Amsndmerttlreparties agree that this agreemara may trotbe altered amended modiEed orotherwise dianged except by a

dub executhdwrkten agreement betweenthepattiesE Headings The headings in this Agreemrtare forrtoepurposes only and shalt not affect in arty wayr the

meaning or interpretation of thisAgreementF Grammar and Syrttroc The grammes and syrrprc used in this Agroement shall be mnstnred io give proper rneandfg andcanstency th its content Thus of means arxila thesingular may be cmrsbved to irrdvde the psrual the plural thesingulararui thevse ofany gender ortense may ba cronsvad b induce aft gamsandtenses

G Governing taw Tiris agreement stmt ba governed by and rxxrstnred aooortSng to thelaw of theState ofArigeur thestate inwhkhthePmperty isbceded

DCFIRATION OFOFFERTYds offer abet expire urress it is excepted by Setter prior to time oa Ptt ssT on dateder niY and may tiettldralNri at artyfinre prior Sellersseptanae

PURttiASER SiNATllIt By hrs signer bekwr Purctsesermakes h purchaso and arsmowedgesteoeipt of a

copyofihisf

YFiKrassadby PterdtasPrvrt Name navid s Print Name fie

DatesaLallou PurdiaserStgnahrre tee

Punt Idarne Zl

SEItER ACCEPTANCE ty hissigrahtrebelow Seller agrees th ire barsid byand admowtaciges receipt ofa copy of ttds AgreementSeller directs thatno turttreroffers be p attar acceptance ofthisoffer

Vihhressed bY rratrne DatePrint Name Print Nante Time

Date Seiler Sfgttature Date

Print tdsante Tme

y his signaturelovPurchaser hereby adrnawbdges receipt of a copy ofslerssrred atxeptance of this Apreamerrt

Date PurrraserSigrraarre

Date Purchaser Signature

LISTtfiKi BROKER ELLtNtsBROKER saa xeesg

tSIUfGAGtVT SEEIINGAGENTpgya s x

AGENT iD OFFICE ll AGZliSSOO OFFICE ID AR or

PHONE PkiONE tZ

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FHA PURCHASE AGREEMENT ADDENDUM

o be part of fhe Purchase Agreement dated oetoher zxaasi Covering properp atT Colaay st sr Clair Shows ss

FHa Amendatory clause RegardingAppaised valueIt is expressly agreed that nolinritttstariding any aftter provisions of this contract thepurchaser shall notbe obligated to complete the purchase of the properly described herein or to incur any penally byforfeihrra of earnest money depoNts orofhenarise unless the purchaser has been givers in accordance

wfth HUbIFiArequirements a wrAten statement issirad by the Federal Housing Commissioners or a

Dined Endorsement Lender setting forhfhe appraised value of the property of not less than

sa a o The purchaser shall havetheprfieand option of proceeding wtth theconsummation of the contractvthout regard to the amountof the appraised vawation The appraisalirdtuatinrt is arrived at to determine the maximum mortgagre tire Departnrertt of Housing acrd Urban

levetopment Hi insure HlDdoes not YYarranf the vaWE nOr the COndltlort of ifle property The

purdraser should satisfyhimselfrerself that thepiee and oondriort of the properly are accepFafrisPhis clause is mandaiedby FHA regulations and isnotopionai

FFiA Sellersconbtbution bo Pcepafids DiscourrtPoirtsandorCtosirSelleragrees to pay toward the payment ofallowable Prepatds

Discount Points andorDClosing Gods on behalf of fhepurtasers to be applied as determinedby puntaaser and purchasers sender The contrthuonfrom seller includes arty charges for purchasersmortgage FHA restricts purrhasar from peyfig

Tf the seller pays closing costs on an FHA transaction fire malcimum mortgage amount may be

reduced and may require thepurchaser to provide addPfionas cash at closing

FHA Compefmnand Payment farRepairsSellershall complete and pay check one all or notmore than far repairsandor improvements required by Elie FHA in order to oompsete this transaction if said repair costs

exceed seltets contCibution Purchaser mss alntribute the excess In the event purchaser declines th

pay forsuch excess then selersat their opfron may declare this transaction nail and void wish the

deposit returned to thepurchaser fullNlTICE Ali repairs audios farnprovemenfs musttre rmtnpleted in a worltmantrcemanner prior to

the transaction closing However in the eventcrfain repairs cannot be completed drre W

weather or other unforeseen conditions an escrow for repairs wi be cradled irs compliancewith FHA regnirernerits iwrf estimates for the work will be regained and an esrrtxv account at

s times the hlghesf estimate will be estahhed to assure rwtnpletion of the work Ntinkncimescrowrequired is

FHA Pest InspectiarD Buyer or Sellerag@Sto provide a satisfactory pelf inspecdion prior tlo dosing at theirexpense

FHAReinspection FeeBuyer or Seller agtss pay for reanspectfon feesas a result of FHA repair reguiremerits

lniaisSerer tom

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riwTFsrRATE orals txscoutrr Fottrrs HUa

does not reguEate the interest rate w the discountpoints that may be paid by you or the seper or otherThird party You Should shop arorard to be sure youare satisfied with the ban terms offered and with theService reputation of thetender you havechosen

The interest rate any discount poirrls and the lengthof lime tite tender will honor the loam terms are att

negotiated betweenyou and the lender

The seller can pay the discount points or a portionthereof if you and the seller agree to such an

arrangement

Lenders may agree to guararteorbicinthe loanterms for a definite period of time ue Qdays etc or tray permityour loan b be determinedby future market condttrons also Itnotvn as BoatingLenders may require a tee bkrck in the interest rateor the berms of Lie loan but mustprovide a wnten

agreement vering a rnlnmum of days before the

antaipatsd closing Yourereernerrt wiltt the tenderduilf detemune thedegree fany fhat the interest rateanddtsoount points may rise before closing

if the lender debertnines you are erKjibte for the

mortgage your agreement with theseller may requrreyou to complete the transaction or lose your depositon theproperty

DoatCommit Loan Fraud tt is Important faryou tounderstand that you are required to provide completeand acarrate itriocsnaiian when applying for a

mortgage loan

Do not falsity information about your Incane or

assetsDisdose all loans and debts inducting money that

may have been borrowed to make the down

paYnflDo not provtde false lettersofcrericashonhandstatements and giftlers orsweat equity teibers

Do not acxxipt funds to be used for your dorom

payment from any other party Oiler realesabe

salespersonbrntder etcDo notfalsely oertiiy chat a property wl be used for

your primary residence whenyou are actually going fAuse B as a rerMal propertyDo not act as a straw buyer somebody who

purdrases a property for anoLrer person and ttren

transfers ttde of the property m that person nor

should you glve that person persorsal or cxedRinformation forthem Go use inarty such sdreme

Do not apply inr a loan by assuming the Identity of

anotherpersonDo notstgn an incomplete orblank document that isone missing the name and address of ttre reaprentandfor other important idenlitying informationPenalties For Loan Fraud Federal laws providesevere penalties for fraud mfsrepreserstation or

conspiracy to asfluence wrongly the insurance of

mortgage instattce by HUD You can be subject to a

possble prison term and ftne of up rgDt for

providing false iniorrnation AddrtbnaBy you could be

prohibded from otrtaining aHUDinsured Jan for an

indefatite periodReport Loan Fraud tfyou areaware of any fraud in

HUDprograms or of an indnridrral tries ip persuade youto make false statements on a loan application youshould report The matter by calling your nearest HUD

offrce or call the HUB HotlinetsWarning it is a crime th lY make false

statements to the United Stag Gavemmeni on This

or any similar form Penalties upon conviction can

tncude a fine and imprisonment Fw details see Title

US CodeSection arnl Section

Discrimination If you believe you have been

subject to disaimination krecause of rare colorrefigrort sex handicap farnitial slaws or natiorrai

origin you should cli HUDsFair Housmmg qualOpporwnity Complairrt Hotlinett

About Prepayment thisnotice is to advise you of

the requirerrrents itiatmust be fogowed to accomplisha prepayment of your morage and to preventaccrual of any interest after thedate of prepayment

You Wray pY any or aft of the outstandinghrdebtedness due under your mortgage at any limeWithout penalfy However fp avoid the accxual of

interest on any prepayrnertt the prepayment musf be

rem on the inslanmerrt due date the thst day of

Lre moMlt if the lender stated this poflCg in i

response to a request forapayoff figure

Qtherwise you may be required to pay interest on the

amount prepaid through the end of the morrttr The

tender can refuse to accept prepayrnerrt on any date

otherthan the installment due date

InialslSeuer Psrals

REOSreevtr Page Of lear EstateOne lna dg

PmnwrooFmorrlptcocamotamnnsRatrCWotySt

FHA Mortgage insurance informationWho may be elrgibefar a premium refund Youmay be eGgibie for a refund of a portion of theinsurance

premium if you paid an upfront mortgage insurancepremium semement Revrew your setilelrsrent papers or

check wrigt your mortgage company to deffirrnine if youpaid an upront prenrtttrm Refund exceptions mdudeAssumptkms When a FHA insured loan is assumedthe insurance remains in force the seller ceoeives no

refund The owner of Bra property at fire time theinsurance is tenrimated isentided in arty refundFHA to FHA Refinances lVhen a FHA insured loan is

refinanced the refund from the aid premkmt may be

applied toward the upfront premium required for ffienew

loan

How are Refunds Determined The FHA

Comrrssaorter deterrtrines how much of the upfrontpremium is refunded when loansareterminallRefunds

are based on the nurrlber of montlTS the loan is insrrnedAfter months yrs no refunds is due thehomeovmer

Hoav areRefunds Processedt Refunds of unearned upfront mortgage insurance

premiums are refunded upon the receipt of the

terminatimr notice fiitiated hY the tender Once HiJDreceives and pnxesses the termination the refund

process isiriiatedIfyou areeligible for a refund HtJD wilt either requesttreasury to issue you artecledireryorwfit send yrntan appGcaUon far premium reftmd HUDRead the application carefttysign have it notarizedand attach proof of ownecsfyp at insurance

berrnirration

linportant The roles governing theegiliryforpcemiurnredcrnds ace based on the feraneiel status of the FHAinsurance fund and are subject to drange You

borroMners must be regain shat you understand thetransaction Sign page t only after you crave ridth entiredaument Seek professianaf advice if you are uncertain

IrutisSeger

RE revt

Retum apprrcatcort to the addrBSS shoum on the

appgtianHUD rvii request Treasury m issue a check if na

additional irrformapan is needed

How to Follow Up ffyou da notreceive an applcatonwrhin S days after you have paid off your icon checc

with your mortgage company to confirm drat they rave

seat HUD a request far terrtirnatfon ff they conficcn that

the correct termination information was earn coniadHUD

How to Contact HUD

vPharse IIbAiNIn PiNEST Monday throughirrday

sy aaau

US Department of Housing fJrtaatl DevelopmentPO Box

Washington DC

Mohthly Irrsucance Premiuans

If you paid an upfront morgage insurance Premium youvutif also be charged a monthly mortgage insurance

premium urdd the loan to value of your mortgage reaches

petrerrf of the lnitialal sale price orappraised vahte of

your home whichever was iotnrer provided that

premiums are paid forat least froe years YouwGreach

the B peresrd LTV threshold kt one aF iwo waysThrough nortrrai amortiaSon as you make your monthly

payments or by payng additional prindpal arc the

mortgage Your lender can advise you an when the

mortgage wil reads the percent LTV threshoid Ifyou

wete notcharged an upfront premium as for example on

condominiums you will pay the rnonlhty premium forthe

rifeof themortgageNate ai inquiries should Include your narrretidigitFHA case number paid in full date property addressand a daytime phone number Record your gHA case

number here forfutureneferenoe

FtrAi Case Number

ZnR

InlGab B

Page MR Reat EBSatB iearte

reooovAnapFaaioYyutewnPamaremramsransg CdonY Sc

feal Estate certification

the Punthaser Setter and etfing Rea Estate Agent or the Broker imrolved in the satestransaction heretycarttfias fiat the terms and conditions of the safes contract are true to thebest of their kncusledge and belief and that arty other agreertent esred frrto Y arty of thepartiets in connection with the seal etabe ttansaeEiort is part of or attached to the sales

agreemen

xoizaioaiMrhroess i gDavid Bea

Vltltnes Gate BiJyer Date

Witness Pate Seller Date

VVtfness tate slder Date

Sroicer er

bate Date

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AGiCYRLATtOMSHIPs

Before you disclose corrfidentfal irrforrrtatfon to a reaF licensee regartCmg a rrat estate twnsaction youshautd ursderstand whattype ofagency retationstdp you havevrith that licensesA reef esla transaction is a transaction involving the sale or lease of any legal tx equitable interest in real estate

consisting of notless than or not more tlmsr residential dweging units oroonsistng of a binding sitefor a residentialunit on ehera lot as tfeflrted nseCtlors of the land Division Act PA MCL ora Condominium unitaSdefined insection of the Condorrilnium Ad PA S MCL

An agent providing services under arty servtae provtsiart agteemerrt owes at a minimum thefollowing duties to theclient

a The exerrrse of reasonatfe tare and sklA in representing ffie client and caRying out the naspansibklesof the

agency relationshipb The perfomrance of the berms of theservice provision agreementC ioyatty tci the interestof the client

d Compliance with thetaws nrles and regulations of ibis stateand any applicable federal statutes or regulationsje Referral of theclient to other licensed professionals forexpert advice related to materiaf matters that are not within the

experlsse of the licensed agentfAn accoasnting ina tirnaty mannerof all money std property recenrned by theagent nwhtch the client has tx may have

an interest

g Confidentiality of as information obtaned within the course of the agency relionship unites dfsdosed with the

cGenYs permission oras provided by law inGudutg the duly notto disdose txurfiderralinformation to any licensee who is

notan agentof theolient

A real estate brotcer or veal estate salesperson acting pursuant to a service provision agreement shall provide the

fallowing setvesto his or her clienta When the reef estate broker or real estate salesperson is representing a per or tensor the marketing of theGiants

proparry inthemanner agreed upon intheservice provision agreementb Acceptaaoe of delivery artt manof offers and counteroffers to buy setl or lease the clients Property or the

property thetient seeks ffi purchase or lease

c Assistance indeveloping communicating negotiating and presenting offersunroffers and related documetns or

rwfoes anti apurtraseor tease agteemerttisezetxlted by all parties and aA contingencies aresatisfied orwaived

d After execution of a purohase agreement by al parties assistance as neoessaty to cemplate thefactlat under

theterms specified in thepurrhase agreemente For a broker orassxiate iYraker who is involved of the closing of a real estate or business opportunity transaction

famishing or causing to be furnished to She buyer and seller a cempiate and detailed Casing srafiement signed by the

brokerorassociate brokershoxfaig each party all and tfisbursemerrts afteaing that party

Ifnlaw requires real estate fioensees who are acting as agersts of satiate or buyers of real property to advise the

peseserrstiai salvers to boyars wNlr whom tifey vimdcof thenature of than ageruy relatiorfshlp

A sellers agent under a fisting agreement with the sailer acts solely on behalf of the seller A seller can authorize a

sellersagerrt to wtxk with srdragerrks buyersagents andfar trarssactiori coordirtorsA subagent is onewho tars agreedto work with the listing agent and who Eke the iistirlg agent ads solely on behalf of thesalver Sellers agents and their

subagents will disclose to theserer known information about thebuyer which may be usedto thebenefit of theseder

Individual services rrray be waived by theseller through exeacfron of a limited servroe agreement Ortiy khose servkesset

forth inpagraphZboand d above may be waived by the execution of a lurtited serviceagreement HtwveverReal Estate One inc is a fufl servie brokerage and theaervloes set forth in paragraph bc and dabove will be

prodded

A buyers agent under a buyersagency agreement with the txayer acts solely on behalf of the buyer A subagent of the

buyer isate who has agreed ba work withtheiwyeds agent who like the buyersagent actssolely on behalf of the buyerBuyers agents and theirsuferdswig disclose to the buyer knoNVn irrtortnaifon about theseltet whktt be used to

benefit thebuyer tiOttns Saner prals

REQ revJ Paget of Re

ArlEmpepselxeAWlmjLdeRdMayMt EMLWOD FmS MEl

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Indivrdtlservitsmay be waived by theuythrough execution of a limited servcoe agreement Only those servicxs set

forth in paragraph bc and dabove may be waived by the execution of a IimiFed rviceagnment HoweverReal Estate One inc is a fuB senrioe brokerage and thesenrices set forth in paragraphbc and dabove tinTl be

t

A teat estate Hcensee can be the agent of both the selleracrd he buyer ina iransactian butordy nrittt the knowledge andinformed consent inwriting or bath thesetter and thebuyer

nsuch a dual agency srtuafron the bcensee wiN not be able th disclose all krtovrn information Q either the setter o the

buyer Asa dust agent the cerrsee wiiE not be able to provide fire Bali rage of fiduciary duties inthesalter orthebuyer

TheoNrgations of a duet agent are sulaject to arty spedfic provisions set forth in any agreement between the duet agentthe sailerand titre buyer

A buyer or selerwitlt a designated ency agreement is represented ably by agents speafrcxUyr Warned in theagreement

Any agerns of the firm ratnamed ht the agreement da not represent the buyer or seller The warned designated sentacts soldy an behalf of his or her diets and may only share confidetttalinformation about the diem wlHr the agents

supervisory broker who is also named nthe agreement Other agents in ttre form haute no duties to the buyer orsellerand

may acteddy ors behalf ofanother party inthetransaction

Only the icensees broker and the named supervrsary brokers havethe same agency relationship as the licensee Warned

below i the other party In a transaction is represented by a satespetson licensed with Reaf Estate One Inc orany of the

other Reai Fstate One Family of Gompanies then the licensees broker and alt Warned supervisory brokers steal be

considered disused wrrsessuat duesagertly

LicerrBee Disclosure Chectr OneJ

SettersAgetrt

a Buyers Agent requires a signed BuyersAgency Agreement

Dual Agent applicable only when both buyer and seller have signed tasting and Buyer Agency

Agreements witty the designated agents Wanted bebwanti havesigned a Dual Agency Agreement

Noneof fire Above

provided in dastrre of any confidential information

tEtiPTAND ACKHOWLEDtiBAAIIfT

By signing beltrw the parties acknowledge that they lranareceived and read the information in this agency tlisclosure

statement and adatowledge this form was provided th Hrerrt befor titredriosura aF arry confidential infcrmation

tS NOT A CO

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x Buyer Seller edt One Date uyer SeierCheckOne Date

PrintName Print Name

Business Phone Home Phone

Cal Phone Emah Address

property Addnss if any

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NOTIFICATION OF BUYERSTITHE AGENCY

Dale DCtOber

Purchase AgreenterttDated Octaber

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ProperlyAddress St Clair xores MT

Buyers

The Buyers of the above referenced property have elected to purchase their loan policy from

Capital Title Insurance Agency Capital TfiJe Insurance Agency vldll process and facaitate the buy side

poronof the closingand act as the SetderrtenAgentan behalf of the Buyers lender

There will be no addiSonal cast to the Seders or Buyers to have Capital TFtle nsarance

Agency perform this function

z aazzNifiess Date uy HateDavid E Rea

Vltitness Date Buyer Date

Secfion IaofRESPA statesNo seller of property tfTaf wIbe purchased with the assistance of a federally relafeo

marlage loan shat reguiredlrecffy or Indirectly as a condFiyan to selling the property that

tine Insurance covering the property be purchasdby the buyer from any particular trfie

company

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Client ID Client U

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leadPaint AssessmeMClearance Testing antl Clearance

LeadPaint Rehab Costs Inducted in Rehab

Contingency ities Snow Grass Housing Counselingotai ggMardmum Adivtty Delivery Costs orDevebper Fee

Requested Activity Delivery Costs orDevebper FeeTotal Development Cost ftd

Sources ofFurMSforDernatooererrt Parunit

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C AryortlaWtityacrd MatketSale Price Lesser ofAppraised VaWe orTotal Development CostEMimaled Annual Income of Buyer

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CITY COUNCILNOVEMBER

AGENDA ITEM a Basement repair of one city owned home at Alger bidsopened Postponed from

BACKGROUND Basement repairs are required on this house which is a propertypurchased from Macomb County for tax foreclosure The project was advertised on

MITN and in the Macomb Daily and Daily Tribune and RFPs were faxed to all

waterproofingconcrete contractors from the Rehabilitation Contractors list On October

the City of St Clair Shores received bids for the basement repairs The lowbidder is Bayshore Enterprises in the total amount of

ENCLOSURES Memo to Mayor and Council

Project SpecsBid Tab

Project Breakdown Spread Sheet

Correspondence from Anthony Sabatini President Bayshore Const

PROPOSEDRESOLUTION

it was moved by Councilperson and supported byCouncilperson to approveldeny a request to award bid for

basement repairs at Alger to Bayshore Enterprises in the total amount of

VOTE Ayes

Nays

Abstain

Absent

Prepared by

Reviewed by

CarylFhlips Community Services Dept Secretary

Community Services Director

MemoTO Benjamin M Hughes City ManagerCC Mayor Council

FROM Christopher R Rayes Community Services DirectorDATE November

SUBJECT BID AWARD FOR BASEMENT REPAIRS AT ALGER

I have reviewed the proposals of the two lowest bidders and recommend we proceedwith the award to the lowest bidder Bayshore Enterprises with the condition that the

contractor starts the project no later than Monday November

In the event the contractor is unable to begin by that date staff requests authorization

to go with the second low bidder Paradigm to insure that the project is completedprior to the onset of winter do not recommend removing the concrete or the

membrane as it will not be possible to give the concrete work to either of two concrete

contractors the city has in town as they are behind schedule in completing their

projects

FCDICRRCRRWtemo tdoc

CITY OF ST CLAIR SHORESJEFFERSON

ST CLAIR SHORES MI

ROSANNE MINNE

REHABILITATION COORDINATOR

SITE ADDRESS ALGER

ST CLAIR SHORES MIVACANT CITY OWNED HOUSE

PREBID MEETING REQUIRED MONDAY OCTOBER AM

SCOPE OF WORK BLOCK BASEMENT WATERPROOF WALL STRAIGHTENINSTALLIBEAMS

NEW WEEP TILES BACKFILL SOIL

GLASS BLOCK VENTED WINDOWS

Disconnect existing air conditioner AND set aside Reconnect later

Remove red maple tree in front and relocate and plant in middle front section of

front yard

Excavate entire basement wails except front porch

Take excavated soils and dump at Amherst

Dispose of soils Replace weep tiles Flush out remaining weep tiles under porch and

exposed tees

Straighten east south west north walls

Install steelIbeams on east south and west walls evenly spaced as follows

Install Ibeams on north wall from one on each side of gas line in front

Install Ibeams on west wall in laundry room area where they will not affect

future kitchenlaundry plumbingInstall Ibeams on west wall from stairwell to southwest corner

Install Ibeams on south wallInstall Ibeamsotwall

Ibeams must be properly supported at top joists back

All beam to be installed in accordance with manufacturersdirection

Patch all holes voids spaces on exposed basement exterior walls with hydrauliccement

Install bituminous tar on exterior walls and install mil visgueeen

Backfill with pea stone to within one foot of topInstall foot of top soil Soils to slope from house foundation line to blend in within

surrounding soils

Tuckpoint interior open joints on north east west and south waterproofed walls

Properly grade soils surrounding exterior of house Rake and install seed

Remove all existing basement windows and dispose of

Install new vented glass block windows Install plumb and levelMortar into place and clean

Complete clean up daily and at end of project

All installation and materials shall be in accordance with manufacturersinstructions and

per the Michigan Residential Building code

Open inspection prior to backfill and final inspection are required from the buildinginspector

Include building permit fee in bid price

Total waterproofing wall straightenIbeams tuckpoint project ac windows

ALTERNATE

Install Delta foundation waterproofing membrane or equivalent on exposedexterior ofnorth east west and south walls over the cement tar mil

visqueen

Alternate for installation of Delta membrane only

ALGER

GENERAL INFORMATION

BASEMENT WATERPROOFING

Dig away earth from foundation walls Remove excess dirt any extensive tree

roots and all clay soilsReplace weep tiles CALL FOR OPEN INSPECTION TO VERIFY ANY

REPLACEMENT OF WEEP TILES Ensure that weep the system is free from

any blockage Flush all ties and tiles for drain linesUse a stiff brush to clean the foundation Chisel and rake out cracks or faultyjoints Fill all cracks with hydraulic cement Seal all interior basement wall

cracks

Apply Portland cement applied to exterior foundation walls The pargingshall be dampproofed with bituminous coating pounds per square yard of

membrane approved by the building code The joints in the membrane shall be

lapped and sealed with an adhesive compatible with waterproofing membrane

A mil thick polyethylene film shall be applied over the below grade portion ofexterior foundations wails prior to backfilling Joints in the film shall be protectedfrom mechanical damageCALL FOR OPEN INSPECTIONGravel or crushed stone shall extend at least one foot beyond the top of the

footing and vertically to the top of the foundation wall at grade level At an area

of above the footing cover with an approved finer membrane material The

top of open joints of drain tiles shall be protected with strips of building paperand drainage tiles or perforated pipe shall be placed on a minimum of inches of

washed gravel or crushed rock at least one sieve size larger than the the jointopening or perforation and covered with not less than inches of same material

Backfill with a mixture of pea gravel and A slag a maximum of feet verticallyRemove ail clay soil Install FOOT OF clean soil and compactGrade top soil on surface away from house minimum five feet Build up dirt to

slope away from house

Seed other open areas

Clean up daily and at end of project

NOTE Properly remove and reinstall any electrical gas line mechanicalplumbing line as necessary as part of project

ALGERST CLAIR SHORES MI

ALTERNATE

CONCRETESTEPS

Remove concrete rear patio completelyRemove concrete between rear patio and drivewayRemove concrete along west side of house marked out in paint

Regrade areas where concrete taken out Rake out

Install seed in rear yard only Leave as dirt on side of house

Remove flags of concrete driveway from front of house to sidewalk that are marked

out

Remove brick pavers in walk from drive to front porch and dispose of

Remove pad and concrete front porch steps and dispose of

Wire brush the front of the front porch and install hydraulic cement to fill in voids

Install new sack deep concrete from front porch for walk and s flags of concrete

driveway

Install new precast concrete steps of equal rise for front porch Install level and plumband mortar into place

See attached plan

Lightly brush the concrete

Seal the concrete

Remove all forms and fill in with top soil and seed

General Information

Install new deep concrete as per specification Form areas subbase with crushed

concretestone and sand Compact subbase Concrete to be psi minimum specifiedcompressive strength at days using sack mix Install curing compound and seal concrete

Workability and consistency to permit concrete to be worked readily into forms and aroundreinforcement under the conditions of placement to be employed Calcium chloride as an

admixture shall not be used in concrete to be exposed to severe sulfatecontaining solutions

Preparation of equipment and place of depositEquipment for mixing and transporting concrete shall be cleanDebris and ice shaft be removed from spaces to be occupied by concrete

Forms shall be properly coated

Masonry filler units that will be in contact with concrete shall be well drenchedReinforcement shall be thoroughly clean of ice or other deleterious coatingsWater shall be removed from the place of deposit before concrete is placed unless a

tremie is to be used

Unsound material shall be removed before additional concrete is placed againsthardened concrete

Concrete shall be conveyed from the mixer to the place of final deposit that will preventseparation or loss of materials and without interruptions sufficient to permit the loss of plasticitybetween successive increments

Regular concrete shall be maintained above degrees F and in a moist condition for at least

the first seven days If placed during freezing ornearfreezing weather adequate equipmentshall be provided for heating concrete materials and protecting concrete during nonclimant

weather All materials shall be free from frost Frozen materials or materials containing iceshall not be used

If steel reinforcement used install over chair spacers to depth

Saw cut construction joints to h depth

Use foot span for construction joints

Backfill areas form areas grade ground surrounding concrete and seed

Call for open inspection from the Engineering Inspector and inspection from Rehab

Coordinator

Provide copy of concrete delivery slip and provide weather conditions for the date of

delivery to the Rehabilitation Coordinator Call for open inspection and final inspection

Contractor is to tape or secure new area from vehicles driving on it for daysContractor is responsible to remove securement used after days

ALGERST CLAIR SHORES MI

ALTERNATE BID

CONCRETEISTEPS

PRICES

Price for remove and grade concrete sq ft

Price for remove and replace concrete sq ft

Concrete permit

Concrete Steps

TOTAL CONCRETE AND STEPS ALTERNATE PROJECT

CITY OF ST CLAIR SHORESREHABILITATION BIDS

ALGERWATERPROOFINGlIBEAMS

TUESDAY OCTOBER AM

PREBID MEETING

MONDAY OCTOBER AM

REQUIRED TO BE PRESENT TO BID

CONTRACTOR i BID SIGNE AMOUNT

i iEVER WATERTTE LLC

BAYSHOREENTERPRISES

DRV CONTRACTORS ILLC i G JI

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Minne Rosanne

From Minne RosanneSent Tuesday November PM

To Rayes Chris

Subject FW ALGER ST

From Anthony SabmailtobayshorecoCahotmailcomSent Tuesday November PMTo Minne Rosanne

Subject ALGER ST

from Bayshore Construction

o City of St Clair Shores

Subject Alger

llate

Roseanne M Minne

Pursuant to your request I Anthony Sabatini President of Bayshore Construction Co agrees to start the

Alger waterproofingconcrete within working days upon bid approval

Best Regards

Anthony A Sabatini

Agenda Item No B

Meeting of Monday November

B Purchase of Equipment for Civic Arena Trainin Center

BACKGROUND Attached memorandum provides background

ACTION TO Approve and accept bidBE TAKEN

SubmittedBy

GREG LER

Dir Parks and ecreation Department

Dated Monday November

moved seconded approving the purchaseand installation of exercise equipment at St Clair Shores Civic Arena fromAll Pro Exercise E Haggerty Road Farmington Michigan in theamount of Funding is budgeted and previously approved in

the August expansion project budget

AYES

NAYS

ABSENT

MrLari

to Mayor and City Council Members

cc Ben Hughes City ManagerFrom Greg Esler Director of Parks Recreation

oats

Re Purchase and installation ofexercise equipment

Bids were opened on Tuesday September for the purchase and installation of

exercise equipment for the facility expansion We presented a tentative exercise equipmentlist with the original bid documents at the August council meeting with the

expansion presentation There was a separate line item for the exercise equipment and we

indicated at that time that we would come back and present additional information on the

specific exercise equipment

The bids were placed on MITN and three bids for specific portions of the equipment were

received We aze requesting that the bid for the exercise portion ofthe bid be awarded in theamount of to the low bidder All Pro Exercise Haggerty Road FarmingtonMichigan References were verified and included in the packet for All Pro Exercise

Currently our Senior Center equipment is supplied and maintained through All Pro Exercise

They have been extremely satisfied with the purchases maintenance and service they havereceived

Product pictures and references are included in the packetsFunding was previously budgeted and is available in the equipment portion of the expansionPlease do not hesitate to contact me for any further information prior to the meeting

ITEMIZED BASE BIDEQUIPMENT FOR

CIVIC ARENA TRAINING CENTER

Bid Form

Equipment Quantity x Unit Cost Total

Octane Elliptical EA

HD Screen and iPOD cableMatrix TxTreadmill hi pert EA

Kei EASo v s R e a

Power Vertex whole body trnr EA c c

Nautilus Functional Trainer EA

w two Ib weight stacks

pulleys FFTD

Dumb Bell Rack MagnumA EA

Tree Tier pair cradledDumb Bell Rack MagnumA EA

Two tier cradled

Dumb Bells Ib set EAHampton DBU DurabellUrethane Hex pr each xb

Dumb Bellsbset EAHampton DBU DurabellUrethane Hex pr each xb

Kettle Bells Ib set bb Ib Ib Ib

Kettle Bells Ib set b rJIb Ib Ib I

Z Kettle Bell RackKBR EA

Benches MagnumA Flat EATo degree multiuse

Benches MagnumABack EAExtensioncore

Glute Ham Developer A qMagnumA i

Adjustable DeclineSit Up EA

Magnum A

Stability BaH Rack EA ySpri RBR

Stability Balls EA rSPRI SXBESL Hvy Comm

Medicine Bal Rack EA

SpriPBRack

Medicine Balls EA WTSpri Exerbalf low bounce

bbdbbb

Pull Up Bar Multi mount EA Saq STRX L

Bosu Rack holds balls EA Q i

Bosu Balls ATRX V EA oPro Pack SuspenTrainerwDVD

TRX V Club Pack EA JV SuspensionTrainer

TRX Ceiling Mounts EA gCenter Rm Use

Power Systems A sAustable Pull Up Bar

Recumbent Bike EA

MatricRxhi pertwHD screen and IPOD cable

Spri Exertube Resistance Bands Setsyellow green red blue

Jump Ropes EA q

Bulldog Battling Ropes nonfray EA yx LSpri

Bulldog Battling Ropes nonfray EA aftx LSpri

Hi Density Foam Roller EA gSpri FRBlack

Varsity Plyo Box Set unitCbsed wal plyoboxSet Pro Elite

Lockers units

Benches Locker Rm EA

Benches ADA Locker Rm EA

A LCD Television EA

Panasonic Sony or LG

B Mirror LCD Television EA

Price for all products and equipment listed above are to include freight deliveryand installation and be American made

Total Bid oC t

Total Bid words

Submitted ByBusiness Name

Signature

Print name and title

All PRO EXERCISE p

CERCISE

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University ofM Flint Crreat Lakes Ath Club Galion YMCAFlint Mi Orion Twp MI Galion MTGlvis Cloiinger Roy McIntyre Terry GribbleCO

M S U IM SPORTS Calvin ColEee Lima YMCAFIansin Ml Grand Rapids MI Lima OHPatty Oehmke Roy Zuydema dash UnterbrinkL

Eastern Vlichigan Unv Western Michigan Unv Bowling Green State UYpsilanti M Kalamazoo MT Bowling Green OHLou Gianino Chris Vass Dave Hollinger

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University ofToledo Grand Jalley State Unv Ohio Nprthern Unvoledo OH Allendale Ml Ada OHNancy Eurlaans Kate Harmon Kate Witte

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Geary FamilyYMCA Delta College Warren Parks RecFostoria OH Saginaw MI WarrenIEric Stinehelfer Tara Cunningham Sheldon Miller

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Ashland YMCA lDearborn arks Ric Macomb Parks RecAshland OH Dearborn MI Macomb MIJerry Baiter Jim Jansen Jason Spiller

Sandusky Cnty YMCA Livonia Community Ctr Allen Park Parks RecFreemant OH Livonia Mt Allen Park MfDenise Reiter Scott Spahr Tony NapolitancfiZ

Haggerty Road Farmington Nilis Michigan Fax

Durable enough for a class setting or for indoor

training during the offseason theVSeries indoor

cycle by Vision Fitness delivers uncompromisedpertormance The stainless steel seat post and

handlebar stem combined with thezinccoated frame

create a robust cycling platform An ergonomiccycling saddle and microadjustable handlebar and

seat sliders allow users to find their perfect ridingposition The highinertial Ib flywheel and friction

brake system deliver a smooth consistent ride

frame rsteeiramew iinc oxidepolyesterpowdercoating

seat post stainless steel pop pin wedge design tohandlebar stem lock in desired height

direstcain multiribbon belt drive

lowmaintence

bottom bracket large oversized SKF bearings forincreased longevity

resistance jfrbtinnbrake w microadjutknnbsystem emergency stop

flywheel high inertial lbs

cranks i heatareatetlhighcarboh steel

Pedals standard alloy pedals

halebars haradpostons w micraadjustakiieforeaftsslider

seat ergonomic cycling saddle

dimensions xwx h

product weight lbs

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standard features water bottle cage

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SPRI Red Exercise iNatDurable i inchthinkpolyfoamexercise mat isperfect for anyfloorexercise

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STABILITY BALLSPRODUCTS ACCESSOiifES EDUCATION PACKAEEUSOLUTIONS

SPRtXERCISE BALLT Professional PlusThese safe heavyduty slowdeflate quality SPRI Xercise

Balls are durable enough to withstand diverse trainingapplcations in anycub environment Professional Plus slowdeflate up to lbs Xercise BaIIsTM were designed for heavyuse in all workout environments

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Council MeetingNovember

AGENDA ITEM Consent Agenda Items

Items shall be considered without debate by motion and vote of Council unless a

member of Council specifically requests action taken separately on said item

ENCLOSURESa Bills

b Fees Nonec Progress Paymentsd Approval of Minutese Receive File Boards Commissions Committee Minutesf Recommendations from Council Sub Committee on Boards

Commissions and Committees

g Receive and deny claim of Suzanne Spalding vs City of St Clair

Shores and refer to the City Attorney for response

PROPOSEDRESOLUTION Motion by seconded by

to approve the Consent Agenda items as presented with the

exception of the following item numbers

that were removed and considered separately

VOTE AYES

NAYS

ABSTAIN

ABSENT

Prepared by Mary A Kotowski City Clerk Date NovemberL

City ofSt Clair ShoresJefferson Circle Drive St Clair Shores MI

Phone Fax wwwscsminet

Mayor r Council Members

Robert A Hison apAP Ronald Frederick

Mayor ProTem aoj Beverly McFadyen

Iip C Walby David J RubelloCity Manager Peer Rubino

Benjamin M Hughes Candice Rusier a

m

ItemaCouncil Meeting of

November

If you have any questions on items listed below please contact Benjamin Hughes City Manager or Tim HaneyDirector of Finance

Bills to be approved at the City Council Meeting oflovember

Itema Check Approval List

Councilperson moved Councilperson seconded to approve the release of

checks in the amount of of the report that is pages in length and ofthe grand total amount of

went to other taxing authorities

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City ofSt Clair ShoresJefferson Circle Drive St Clair Shores MI

Phone Fax wwwscsminet

Mayur Council MembersRobert A Hison Ronald J FrederickMaynr ProTem i Beverly McFadyenKip C Walby David J RubelloCity Manager Meter RttibinoBenjamin M Hughes Candice Rusie

Itemc

Council Meeting of

November

If you have any questions on items listed below please contact Benjamin Hughes City Manager or Tim HaneyDirector of Finance

Bills to be approved at the City Council Meeting ofNovember

Progress Payments

Blade Action Inc

Lake County Sewer Company Inc

Galui Construction Company Inc

Diversified Construction Stainless

ANDERSON ECKSTEIN AND WESTRICK INCj Schoenherr Road Shelby Township Michigan

Civil Engineers Surveyors Architects

October

Chris Rayes RACommunity Services DirectorCity of St Clair Shores

Jefferson Circle DriveSt Clair Shores Michigan

Reference Sanitary Manhole RehabilitationIn the City of St Clair ShoresLake St Clair Clean Water InitiativeSt Clair ShoresRosevilleEastpointeDrainAEW Project No

Dear Mr Rayes

Enclosed please find Estimate No for the above referenced project We recommend

issuing payment in the amount of to Blade Action Inc and mailed to

Ullico Casualty CompanycoMichelle Graham

Woodward Ave Suite

Royal Oak Michigan

Far work performed through October the field work is complete

If you have questions or require additional information please feel free to contact our

office

Sincerely

Frank D Varicalli

Project Manager

cc Thomas R Stockel Macomb Office of Public WorksBlade Action Inc

OlettersEstdoc

Fax Engineering Strong Communities wwwaewinccom

ANDERSON ECKSTEIN WESTRICK I AEW PROJECT NO

SCHOENHERR ROAD ISHELBY TOWNSHIPMICHIGAN I Name and Location

CONSTRUCTION ESTIMATEIII CONTRACT DATE

CONTRACTOR Blade Action Inc IAddress Forton Ct Clinton Twp MI I Estimate NoOWNER CITY OF ST CLAIR SHORES IAddress Jefferson Circle Drive S C S MI I CONTRACT AMOUNT

DATE

LSCCWLDSANITARY MANHOLE REHABILITATION

WORK COMPLETED FROM to

REVISEDTO

ITEM OF WORK

Bonds Insurance and Initial SetupExpense MaxDigital Photo Record PrelPost

Locate Excavate and Remove Existing Manhole Frame and CoverReconstruct Manhole ChimneyReconstructStructureCB MHFurnish New Sanitary Frames and Covers

Install orReset Manhole Frame and Cover

Exterior Manhole Chimney Seals Width

Exterior Manhole Chimney Seals WidthInternal Chimney Seal

Manhole Precast Joint RepairPoint Interior Pipes in Manholes

Seal Pre Cast Lift HolesManhole Flow ChannellBench Installation

Interior PVC Drop Connection

Install Interior Concrete Bulkhead

Remove and Replace Sewer Pipe Fittings and Sand BackfillManhole Lining DepthManhole Lining DepthUndetdrain Subgrade inchCement Type ARemove Walk Replace with Concrete Walk P SackRemove Replace with Concrete WafkDriveApproach PSackRemove Waik Replace with Concrete Sidewalk ADA SpecialP SackDetectableWarning Surface

Remove Pavement Replace with Concrete Pavement PSackRemove Replace Wide Curb GutterP SackFinal Cleanupand Restoration

Traffic Maintenance and Control

Observation of Material and Work to be Performed Crew DaysCredit Backcharge to clean cement material in ManholeJZO

at the SCS Golf Club parking lot and pipe that had accidentallyfallen from walls by AUI

Unit IUsed I

I

Original IEstimated IQuantities I

I

Quantities ILast I

Period II

Quantities ICompleted I

to Date II

IUnit I

Price II

Amount

LS

LS

EA

VF

VFLBS

EA

EA

EA

VFEAEA

EA

EA

VF

EA

LF

VF

LFVF

Sacks OQO

SF

SY

SF

EA

SY

LFLS

LS

DAY

LS

REMARKS I Total Amount Eamed II Less CREW DAYS AT CREW DAY II Subtotal I

Retainage is of the Contract Amount I Less Retained II NetAmount Earned II Less Previous Estimate I

Crew Days overContract through J Less Crew Days overContract at CrewDay I

I AMOUNT DUE I

Prepar d by ANDERSON ECKSTEIN AND WESTRICK INC

GCGG Date f

RevipGVed b CITY OF ST CLAIR SHORES Vendor Number I yI

We hereby certify that fiords are in y

Date Z Account Number LQr ld oQes R Co unity Services Director and that th untdue is budgeted

for such rp e

Date Q Date

Hug City Maha r Timothy P Haney Finance Director

Construction Pay Estimate ReportAM

Anderson Eckstein and Westrick IncFieldManagera

Contract Sanitary Sewer Rehabilitation by Sectional CIPP Lining

Estimate Estimate Entered Estimate Electronic All Contract Construction

Date No By Type File Created Work Completed Started Date

Carrie L Freeland Final No

Prime Contractor Managing Office

Lake County Sewer Co Inc AEW

Comments

Final Contract Amount

Item Usage SummaryItem Description Item Code

PropLine Project Category

Project Item

Line No Type

Mod

No Quantity Dollar Amount

Dia Sewer SCIPPLining

Dia Sewer SCIPP Lining

Dia Sewer SCIPP Lining

Dia Sewer SCIPPLining

Dia Sewer SCIPP Lining

Dia Sewer SCIPP Lining

Dia Sewer SCIPP Lining

Cut Protruding Tap

Digital Copy DVD of all Video

Digital Copy External Hard SADrive of all lnspection ReportsPre and Post

Digital Copy External Hard

Drive of all Inspection ReportsPre and Post

Mineral Deposit Removal

Sewer line investigation SA

Total Estimated Item Payment

Time ChargesSite Site Description Site Method Days Charged Liq Damages

SITE NUMBERS SHOULD BE CODED Completion Date

Total Liquidated Damages

ContractID Estimate Page ore

Construction Pay Estimate Report

AMAnderson Eckstein and Westrick Inc

FieldManagera

PreVoucher SummaryStockpile

Project Voucher No Item Payment Adjustment Dollar Amount

Rehabilitation of various sanitary sewers bysectional CIPP

SummaryCurrent Voucher Total

Current Retainage

Current Liquidated Damages

Current Adjustments

Total Estimated Payment

Voucher Total

Earnings to date

Retainage to date

Liquidated Damages to date

Adjustments to date

Net Earnings to date

Payments to date

Net Earnings this period

Estimate Certification

I certify the items included on this report constitute my estimate of work completed and due the contractoras of August

AEW Frank D Varicalli Project Managerr

cJLake County Sewer Co Inc

Prepared by ANDERSON ECKSTEIN and WESTRICK INC

Reviewed ty CITY OF ST CLAIR SHORES

Date j I

topk r Rayes Community Services Director

Date am iHughes it anager

to

Date

oDate

Vendor Number d d

We hereby certify that sufficient

funds are in AccttadOrDOand the amount due is budgetedfor such purpose

DatetTimothy P Haney Finance Director

ContractID Estimate Page z of z

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ANDERSON ECKSTEIN AND WESTRICK INCrI Schoenherr Road Shelby Township Michigan

Civil Engineers Surveyors Architects

October

Christopher Rayes RA AICP

Community Services DirectorCity ofSt Clair Shores

Jefferson Circle Drive

St Clair Shores MI

Reference Concrete Pavement Replacement ProgramDivisions B C and EAEW Project No and

Dear Mr Rayes

Enclosed please find Construction Estimate No for the project referenced above Werecommend issuing payment for the Net Earnings this Period see Page in the amount of

to Galui Construction Co Inc at Harper Ave Clinton Township Michigan

This estimate is for the Spring contractwork CO completed through October

The retainage held as follows

Spring workSpring work

Spring work

punch list

punch list

punch list

Div BDiv CDiv EDiv BDiv CDiv E

Total

If you require additional information please feel free to contact our office

Very truly yours

Gc

rank D Varicalli

Project Manager

cc Galui Construction Co Inc

OLettersEst doc

Fax Engineering Strong Communities wwwaewinccom

IAnderson Eckstein and Westrick Inc

Construction Pay Estimate Report

AM

FieldManagera

Contract Concrete Pavement Repair Program Divisions B C E

Estimate Estimate Entered Estimate ManagingNo Date By Type Office

Carrie L Freeland SemiMonthly AEW

All Contract Construction Prime GontractorWork Completed Started Date Gaiui Construction Inc

Harper Avenue

Clinton Township MI

Comments

Contract Amount

Item Usage SummaryProject Division E Pavement RepairProgramCategory

Prop Project Item Mod

Item Description Unit Item Code Ln Line No Type No Quantity Item Price Dollar Amount

Concrete pavement Dlr SA

replacement at Mile and

Jefferson associated with SEMSDwork

Subtotal for Category

Subtotal for Project

Total Estimated Item Payment

Time ChargesSite Site Description Site Method Days Charged Liq Damages

SITE NUMBERS SHOULD BE CODED Completion Date

Total Liquidated Damages

PreVoucher SummaryStockpile

Project Voucher No Item Payment Adjustment Dollar Amount

Division E Pavement RepairProgram

Voucher Total

ContractID EStlmatelO Page of

Anderson Eckstein and Westrick Inc

Construction Pay Estimate Report

AM

FieldManagera

SummaryCurrent VoucherTotal

Current Retainage

CurrentLiquidated Damages

Current Adjustments

Total Estimated Payment

Earnings to date

Retainage to date

Liquidated Damages to date

Adjustments to date

Net Earnings to date

Payments to date

Net Earnings this period

Pre d by ANDERSON ECKSTEIN AND WESTRICK INC

fCG Date

Revieuved byCITY OF ST CLAIR SHORES

DateEhris Rayes AI Community Services Director

l

Date

r

Vendor Number

We hereby certify t t su ie t funds are in

Account Number I

and that the amount due is budgetedfor suc se

lCmj Date

Timothy P Haney Fina a Director

tfya

Contract ID Estimate Page of

APPLICATION AND CERTIFICATE FOR PAYMENT

CONTRACTOR DIVERSIFIED CONSTRUCTION STAINLESSTELEGRAPH RD STE

SOUTHFIELD MI

PROJECT SCS CIVIC CENTER ARENACIVIC ARENA WEIGHT ROOM PROJECTAEW PROJECT NOCONTRACT DATE SEPTEMBER i

APPLICATION NO

CURRENT PAYMENT DUE

REV D BY CITY OF ST CLAIR SHORES

M DATEBen a in Hughes Ci Hager

sr

DATEtanner

Vendor Number

We hereby certify that sufficient funds are inAccount Number

and that the amount due is budgeted for such

purpose

DateTimothy P Haney Finance Director

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QUL

Council MeetingNovember

Item No d City Council Minutes

Motion by Seconded by

City Council

City Council

City Council

City Council

City Council

toapprove the following minutes

Meeting Date

SeptemberSeptemberOctoberOctober

DateEMailed

NovemberNovemberNovemberNovember

Item No e Receive and Place on File Boards Commissions and Committee Minutes

Motion by Seconded by to receive and file the following minutes

Minutes Meeting Date DateEMailed

Communications Commission September OctoberGolf Course Committee July October

Library Board September OctoberMemorial Day Parade Committee September OctoberMemorial Day Parade Committee October October

Parks Recreation August OctoberParks Recreation September OctoberPolice Fire Pension Board August OctoberPolice Fire Pension Board September OctoberPolice Fire Retiree Health Care Trust Board August OctoberPolice Fire Retiree Health Care Trust Board September OctoberSubCommittee August NovemberWaterfront Environmental Committee September October

VOTE AYES

NAYS

ABSTAIN

ABSENT

Prepared by Mary A Kotowski City Clerk CJ Date November

PROPOSED MINUTESST CLAIR SHORES CITY COUNCIL MEETING

SEPTEMBER

Regular Meeting of the City Council held in the Council Chambers located at Jefferson Circle Dr St Clair

Shores Michigan

Present Mayor Hison Council Members Frederick Rubello Rubino Rusie and Walby

Absent Excused Council Member McFadyen

Also Present City Manager Hughes City Clerk Kotowski Directors Haney Rayes and Smith CityPlanner Koto and CityAttorney Ihrie

CALL TO ORDER ROLL CALL AND PLEDGE OF ALLEGIANCE

Mayor Hison called the meeting to order at pmMs Kotowski City Clerk noted that Ms McFadyen asked to be

excluded and called the role with a quorum present The Pledge of Allegiance was recited by those in attendance

Motion by Fredericks seconded by Walby to excuseCouncil Member McFadyen from this eveningsmeeting

Ayes All

Mayor Hison commented that Sunday is the anniversary of the terrorist attacks of September He

initiated a moment of silence for those who died and their families He asked that our residents try to attend one of

the many memorial activities that will take place Sunday

PROCLAMATIONS PRESENTATIONS

a Macomb County Executive Mark Hackel

Macomb County Executive Mr Hackel stated that he was visiting this evening to inform our residents that the new

County executive form of government is more responsive and readily available to us There is longer a need to

schedule monthly meetings He explained his staff is here to help and support the issues that we may be in need of

with insight and input They do not inject their help but provide support when called upon He stated they are tryingto establish themselves and divide their responsibilities to their office and the Executive Branch Mr Hackel

announced that St Clair Shores County Commissioner Roland Frescheti is a representative on the County Board

Mr Hackel wished to clear up a misrepresentation that tension exists and explained that there is mostly conversation

Mr Hackel finds himself to be mostly a marketing agent for Macomb County working with the cities to improvecommunity development He introduced the Executive Board members in attendance Deputy Executive Mark

Delvin Tim Johnson and Melissa Roy Mr Hackel and his staff will be visiting all the municipalities He explainedthat the Executive Board is here to help support issues that St Clair Shores may be in need of such as the concerns

about lakefront muck which he has already been involved in discussions with Council For needed assistance he

can leverage some of our concerns with other county state and federal officials He explained that they are not here

to tell us how to conduct business but to give the City insight They are available to us hours a day days a

week

Mr Hackel explained that two issues going on in Macomb County that he wants involvement with are building on the

assets we have and improving economic development Community development and safety is the reason peoplemove in to a city He discussed the latest census information that indicated a loss of population However Macomb

County had the largest growth in Michigan The second highest county did not have half that number He

believes the values in Macomb County included water rates schools and safety And are some of the reasons we

did not lose population countywide

Mayor Hison thanked Executive Hackel and reiterated that so much has happened since he took office and he

appreciates the open door policy He agrees that we need to talk about the strengths Mr Hackel identified HavingExecutive Hackelsstaff present and available is an asset for St Clair Shores Mayor Hison thanked him for the goodwork done this past nine months especially the grants for which is a good start

Mr Rubello stated that he received a message from a resident that lives north of Masonic where the lakefront muck

problem exists asking if anything can be done Mr Hackel replied that his office is not the expert in this area but

City Council Meeting September Page of

PROCLAMATIONS PRESENTATIONS contd

a County Executive Mark Hackel

they have tried to leverage support internally However there is a complexity as tohow this issue is to be dealt with

He explained that he leans on those who are the experts He added that what people dontlike to hear is that

these things take time and do not get resolved overnight There are many issues that come into play He doesnt

have an immediate solution but he knows people are working on a remedy

Mr Rubello stated that he appreciates that Mr Hackel understands how important St Clair Shores is to the marketingof Macomb County

Ms Rusie asked City Manager Hughes to update Mr Hackel on the TIFA proposal in response to a quote from the

Macomb Daily Mr Hughes replied that he has already updated Mr Hackel and his staff

Mr Fredericks asked for an update on the marketing Mr Hackel responded that he has watched County Executives

Patterson and Ficcano to see what their direction is He discussed the visions that Oakland County and WayneCounty executives have that have inspired him He explained that he is a spokesperson to make people understand

where we can go and how we can brand ourselves to get people to open businesses and live here

Mayor Hison promised Mr Hackel that we will work with him and he can count on us We will also keep our door

open

b Marissa Cowans Miss MichigansOutstanding Teen

Mayor Hison presented the following

PROCLAMATION

toMARISSA COWANS

MISS MICHIGANS OUTSTANDING TEEN

and

MISS TEEN ST CLAIR SHORES

WHEREAS the Mayor and the Council of the City of St Clair Shores deem it fitting and proper to publicly recognizethe outstanding accomplishments of the communitys citizens and

WHEREAS Marisa Cowans a Lakeview High School Senior and a Great Lakes Scholar who is the Captain of the

Varsity Dance Team and MVP for the last three years running and is one such citizen deserving of specialrecognition which emanates from the beauty charm grace talent and academic achievement that earned her the

Miss Teen St Clair Shores and

WHEREAS in June Marissa was crowned Miss Michigans Outstanding Teen recognizing her scholastic

achievement creative accomplishments healthy living community involvement and

WHEREAS Marisa competed in Miss Americas Outstanding Teen competition that was held in Olando

Florida in August where she qualified to compete with Americasbest and brightest female teenagers and winningthe title of Sf Runner Up and

WHEREAS her future ambition is to become a Pharmacist and pursue her career hopefully by practicing at

Childrens Hospital of Michigan

NOW THEREFORE be it resolved that the Mayor and Council of the City of St Clair Shores on behalf of all its

citizens congratulate MARISSA COWANS on her achievements and extend best wishes for every success in her

future

Presented this th day of September

Ms Cowans stated that her last year has been exciting She decided last year to compete in the Miss St Clair

Shores Pageant and she won and it was fun At Miss Americas Outstanding Teen competition she met amazingwomen and she tried her best She won a full scholarship to Troy State in Alabama She recommends that any girlswatching at home participate Mayor Hison congratulated her on having so many achievements in such a short life

City Council Meeting September Page of

PROCLAMATIONS PRESENTATIONS contd

c Constitution Week September

PROCLAMATIONDESIGNATING SEPTEMBER

AS UNITED STATES CONSTITUTION WEEK

WHEREAS September marks the two hundred and twenty fourth anniversary of the drafting of the

Constitution of the United States ofAmerica by the Consfifufional Convention and

WHEREAS it is fitting and proper to accord official recognition to this magnificent document and its memorable

anniversary and to the patriotic celebrations which will commemorate this grand occasion and

WHEREAS Public Law guarantees the issuing of a proclamation each yearby the President of the United States

ofAmerica designating September through as Constitution Week

NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of St Clair Shores do herebyproclaim the week of September as UNITED STATES CONSTITUTION WEEK asked our citizens to

reaffirm the ideals the Framers of the Constitution had in by vigilantly protecting the freedoms

guaranteed to us through this guardian of our liberties remembering that lost rights may never be regained

Presented this h day of September

Joan Alsever accepted the Proclamation and stated that we have in our hands the possibility of changing thingsShe suggested that we all read the Constitution and be aware of what it stands for We shouldntlet judgesdetermine everything for us In particular know the first ten amendments The Bill of Rights spells out our very first

right of free speech

AUDIENCE PARTICIPATION ON AGENDA ITEMS MINUTE LIMIT

Jim Goodfellow St Clair Shores resident on items and Mr Goodfellow noted that Anytime Fitness had to

come back after days as a hour operation and he thinks Powerhouse should do the same Regarding the

dental office the building has been vacant for years and he hopes it gets approved He thinks Charlies should

be approved because the landlord has put in a tot of time effort and money

Erin Stahl St Clair Shores resident on items and She is disappointed that no one followed up with the

construction company that stole from her After years they finally got caught Her neighbors sent anamail to Mr

Hughes Ms Stahl made a police report for trespassing and littering despite her signs She stated that she was

charged with bogus littering charges that she had to fight in court She said that this company should be chargedwith legitimate littering The police report is for stealing as witnessed by neighbors and in her video She asks

residents to call City Attorney Ihrie at or contact Sgt Centala to prosecute this case She stated that

we need to take back our community starting today

REQUEST TO HOLD LAC STE CLAIR FINE ART FAIR AT VETERANS MEMORIAL PARK SEPTEMBERFROM AM PM

Elizabeth Munger and David Martin are before Council representing the Lac Ste Clair Fine Art Fair Ms Mungerstated that this is the h year for the Art Fair This is a major scholarship fundraiser for the Miss St Clair Shores

Scholarship Program Approximately artists will be attending this year The hours are am pm

Saturday and Sunday Ms Munger said that this organization works with Optimists Kiwanis and the Special Needs

group at this event Mr Hison stated that fees for an electrical inspection for the event will be waived Mrs Mungerpresented a work of art to the City from her fatherinlaw George Mungers collection Mr Hison thanked her and

noted it will be displayed for all to enjoy

Motion by Walby seconded by Rusie to approve the request from the Lac Ste Claire Fine Arts Committee to

hold their th Annual Art Fair at VeteransMemorial Park on September from am

pmand to waive the electrical inspection fee

City Council Meeting September Page of

REQUEST TO HOLD LAC STE CLAIR FINE ART FAIR AT VETERANS MEMORIAL PARK SEPTEMBER

FROM AM PM Contd

Ayes AllAbsent McFadyen

REQUEST FROM KIWANIS TO HOLD A ST CLAIR SHORES FUN FEST AND APPRECIATION DAY

SATURDAY SEPTEMBER AT SOUTH LAKE STADIUM FROM AM TO PM

Brian Mazey and Richard Swanquist representing the Kiwanis were present to talk about the third annual event

This event is held to showcase St Clair Shores its agencies and charities that provide services They asked

participants to bring tables and chairs and x pop up tents Last year organizations participated and about

kids attended Some of the events will be free Sams Club sight and hearing exams slides bike contest kite

contest The Optimists Club will provide identification for juveniles They are selling St Clair Shoresopoloy games for

Games can also be purchased following this event at the Senior Center starting at pm Mr Mazeydisplayed a sample of the signs that are created for the sponsors

Mr Fredericks and Mr Rubello disclosed that they are members of Kiwanis

Motion by Walby seconded by Rubino to approve the request from the Lac Ste Claire Kiwanis St Clair

Shores Fun Fest to hold a St Clair Shores Fun Fest and Appreciation Day on Saturday Septemberat the South Lake Stadium from am to pm

Ayes All

Absent McFadyen

REQUEST FOR HOUR OPERATION AT POWERHOUSE GYM LOCATED AT HARPER

William Dabish stated that Powerhouse Gym has been in the City for ten years and all of their competition is now

open They are the last gym with old school hours They need the additional hours to be competitive with the

new gyms

Mayor Hison asked Ms Kotowski if she had received any feedback from her mailing about this request to residents

and businesses in the area Ms Kotowski replied that none were received Mayor Hison asked what the plans are to

protect people inside the gym Mr Dabish explained that they always have employees working when they are open

Ms Rusie asked what plans are in place to lessen the effects on the neighbors in the area Mr Dabish replied that

they can direct and control where lights go they can separate with a wall The hour operation is more of a sellingtool Ms Rusie asked that he request that patrons parkcoser to the building late at night

Mr Walby explained that normal restrictions such as snow removal hours etc still apply Mr Fredericks asked if the

doors will be locked Mr Dabish replied that they hire retired police officers to work midnights Mr Rubello disclosed

that he is a member of the gym

Motion by Fredericks seconded Walby by to approve a request for hour operation at Powerhouse Gymlocated at Harper

Ayes All

Absent McFadyen

REQUEST FOR APPROVAL OF PC REZONING FROM RA SINGLE FAMILY RESIDENTIAL TO

P VEHICULAR PARKING DISTRICT MAPLE PETITIONER CITY OF ST CLAIR SHORES

Ms Koto stated that the City is requesting the rezoning of this parcel which was before Council in March when it was

requested to be put on the market The City received an offer from Powerhouse Gym Mayor Hison stated that there

has always been a parking issue on Harper Mr Frederick asked if we will be notified if utilities are being moved

Ms Koto replied that we would be

Mr Rubello asked if the nearby homeowner decides that the wall is too low how that would be remedied Ms Koto

replied that the City will ensure that the lighting fixtures cause no glare to the neighbors property Mr Hison added

his concern of how will this new lot be used only for Powerhouse members since there are other businesses open

late how will Petitioner restrict others Ms Koto said that other businesses know it is being used but that

City Council Meeting September Page of

REQUEST FOR APPROVAL OF PC REZONING FROM RA SINGLE FAMILY RESIDENTIAL TO

P VEHICULAR PARKING DISTRICT MAPLE PETITIONER CITY OF ST CLAIR SHOREScontd

Powerhouse has the ability to chain off the lot or the approach

Mr Frederick asked if the wall is going to be up against the residents driveway Ms Koto said it is on the grass side

Motion by Rubino seconded by Walby to approve a request for rezoning from RA Single Family Residential

to P Vehicular Parking District at Maple as recommended by the Planning Commission as follows

The Planning Commission and City Council understand that your presence here tonight constitutes that you

are a legal representative of the petitioner for Planning Case PC Each statement of intent promiseandor pledge made by you the petitioner or agent either orally or in writing if permitted by Ordinanceshall be binding upon the Petitioner and shall be a condition of said rezoning subject to the City Planners

conditions and adoption of the following rezoning ordinance which reads as follows

THE CITY OF ST CLAIR SHORES ORDAINS THAT ZONING ORDINANCE SHALL BE AMENDED BY THE

FOLLOWING REZONING

Rezone from RA Single Famity Residential to P Vehicular Parking District at Maple

MAPLE Maple Park Subdivision Lot Liber Page Macomb County Records Macomb

County Michigan from RA Single Family Residential to P Vehicular Parking District

Any ordinance or parts of any ordinance in conflict with any provisions of this ordinance are herebyrepealed

This Ordinance shall become effective days after publication and copies of this ordinance are available at the Office

of the City Clerk Jefferson Circle Drive St Clair Shores MI during normal business hours am

pmMonday through Friday

STATE OF MICHIGAN

ss

COUNTY OF MACOMB

We hereby certify that the foregoing ordinance is a true copy of an ordinance as enacted by City Council on

the th day of September and that the necessary Charter provisions have been observed

Robert A Hison Mayor Mary A Kotowski City Clerk

I Mary A Kotowski City Clerk of the City of St Clair Shores hereby certify that the foregoing ordinance was

published in the Sentinel Newspaper on September by posting true copies of the same in each of the

following places Police Station Jefferson Avenue Fire Hall Harper Avenue and City HallJefferson Circle Drive and shall become effective on September

Published

ord amendment eff Sept

Mary A Kotowski City Clerk

Ayes All

Absent McFadyen

City Council Meeting September Page of

PPC REQUEST FOR SITE PLAN APPROVAL FOR PROPOSED SECOND STORY ADDITION

AND ENCLOSURE OF EXISTING OUTDOOR SEATING AT CHARLIES RESTAURANTHARPER

Frank Gjokaj and Bob Markey were present representing Charlies Restaurant Mr Gjokaj stated that they are

running out of storage space They originally built a patio on the south side but weather conditions have made it

unusable Mayor Hison said they have done a good job inside and with the parking and have alleviated problemsThis was a successful rezoning of a parking lot

Mayor Hison asked Mr Ihrie if an elevator is needed because of the second story Mr Ihrie said there are

exceptions and no elevator is needed because it will not have public access Mayor Hison stated this will eliminate

the outdoor patio

Mr Frederick asked if there is a potential danger to pedestrians at the corner of California and Harper Mr Gjokaj

replied that the corner will be glass so they can see around Mayor Hison asked Mr Rayes to ensure that an

accident wonthappen Mr Rayes will talk to the Traffic Department The owner will also place signs in the areas

Ms Rusie disclosed that she has done a Council Connection at Charlies

Motion by Rubello seconded by Fredericks to approve site plan for PPC for a proposed second story

addition and enclosure of existing outdoor seating at Harper as recommended by the PlanningCommission as follows The Planning Commission recommended site plan approval subject to the

conditions of the City Planners report including All mechanical equipment including equipment placedon the roof must be properly screened Second story addition to be completely bricked to match existing

building The Planning Commission and City Council understand that your presence here tonightconstitutes that you are a legal representative of the petitioner for Planning Case PPC Each

statement of intent promise andor pledge made by you the petitioner or agent either orally or in writing if

permitted by Ordinance shall be binding upon the petitioner and shall be a condition of said site planapproval

Ayes All

Absent McFadyen

PPC REQUEST FOR SITE PLAN APPROVAL FOR PROPOSED ADDITION TO THE EXISTING

BUILDING FOR A DENTAL OFFICE AT HARPER

Robert Flip of MGA Architects is representing Bright Side Dental Group He stated that this is the fifth of their offices

They are trying to create a corporate identity This was a hair salon and they would take the existing building and

convert it to a dental office He explained that in doing so they are making major modifications altering the footprintto better create a dental office flow They are basically leveling a third of the building They have planned a well

functioning dental office

Mayor Hison asked where the addition will be Ms Koto highlighted on the map to show that treatment rooms will

appear on both sides She stated that they want to take advantage of the windows The width will be wider to

accommodate the building and wontget any closer to the residential neighborhood

Mr Rubello asked if the sign on Harper will remain Mr Flip replied that the current sign will be torn down and

replaced on a new pole Mayor Hison reminded him that this will require separate permits to be worked out later with

CDI Mr Flip said they are also converting some areas of asphalt to landscaping to put up their ground mounted

sign They want as much greenery as possible

Motion by Walby seconded by Rubello to approve a request for site plan approval PPC for proposedaddition to existing building at Harper as recommended by the Planning Commission as follows The

Planning Commission recommended site plan approval subject to the conditions of the City Planners

report including All mechanical equipment must be properly screened EIFS is to be used on the

upper part of the building with brick used on the entire remaining facade All signage issues are to be

worked out with City staff and require separate permits The Planning Commission and City Council

understand that your presence here tonight constitutes that you are a legal representative of the petitionerfor Planning Case PPC Each statement of intent promise andorpledge made by you the petitioner

or agent either orally or in writing if permitted by Ordinance shall be binding upon the petitioner and shall

be a condition of said site plan approval

Ayes All

City Council Meeting September Page of

Absent McFadyen

SALE OF CITY ACQUIRED PROPERTIES

a Condominium located at Ridgemont

Mr Rayes stated that Council denied the original offer in May He said for this current offer we would like to close byFriday Mr Rayes said we acquired this house last July so the dollars go back into the General Fund to wrap up the

first batch that we bought Mr Walby asked what the assessed value is Mr Rayes replied that according to Mr

Loosens there are several sales that were less than this offer but the current assessed value is not known This is a

foreclosure

Ms Rusie explained that we are getting a little less than original offer but the cash sale is good She noted that the

Purchase Agreement had no deadline datefor the personal inspection Mr Rayes reiterated that the closing is Fridayeven though the document states September Ms Rusie would like a dollar sign added on the last page of the

Purchase Agreement where it is typed that the Commission is

Motion by Rubello seconded by Walby to approve a request to accept a cash offer in the amount of

for the purchase of a condominium at Ridgemont owned by the City

Ayes AllAbsent McFadyen

b Vacant parcel Maple

Mr Rayes stated that this is the Powerhouse Gym parcel discussed earlier The funds will go back to HUD

revenue account The purchase price is Mr Rayes said there will be some testing but no surprises are

expected

Motion by Walby seconded by Rubino to approve a request to accept offer to purchase a vacant parcel at

Maple for

Ayes AllAbsent McFadyen

BIDSCONTRACTSPURCHASE ORDERS

Request to enter into a contract with VCA Animal Hospital a third party contractor for animalsatlargeduring non business hours

Mr Hughes stated that he Ms Koto Police Chief Walleman and Mr Ihrie have been involved with this proposal The

offhours are evenings during the week and all day on weekends Ms Koto and Chief Walleman researched how we

could offer this service while being mindful of costs The VCA is interested in helping us for a good portion of the off

hours but not all off hours for the residents that notice a stray dog a loose dog or a harmed animal This is not a

proposal that is intended to become an animal shelter for St Clair Shore

Ms Koto announced that the VCA manager Maggie Prozinski is in the audience This proposal has fee structures

whereby if approved we would make payment out of the Police Department line items Mr Hughes added that we do

not want this to be heavily used or a financial burden Mr Hughes will monitor the program Ms Koto gave an

overview and explained that we tried to determine the best way such as working with a couple veterinarian offices

that could take an animal It turned out that seven of the vets in the City either didnthave hours that coincide with

what we needed or decided it was not thebest arrangement because they donthave capacity to hold the animalsfrom the time they are taken to the clinic until the animal control officer is back at work to take them to the CountyMs Koto explained that with any of the services this is not afreeforall for dropping off animals It is specificallycreated to fill a gap She added that we anticipate that if we receive a call to the Police Department they would

authorize the resident or a squad car to take the animal to VCA There would have to be authorization by Police

Department Vet offices were selected over animal day care because they donthave veterinary care for potentialmedical needs

Mayor Hison asked how the animal gets to the clinic Ms Koto responded that this is currently being discussed She

said it is recognized the animal may not be coaxed into a caror they may run It might be that we would useasquadcar There is no option for VCA to pick up an animal due to insurance limitations Ms Koto said we recognize that

City Council Meeting September Page of

BIDSCONTRACTSPURCHASEORDERS contd

some people are not comfortable driving an unknown dog to VCA In that case we would ask the resident to contact

the Police Department at This will not be a Police priority call but we will do our best We will offer

information programs on our cable channel We would ask that not be used for this service Mayor Hison

stated that this is not only for dogs but cats too He then asked if it would be the responsibility of VCA to contact the

owner to pay the fee when the owner can be identified Mr Hughes said VCA will check for microchips and if there

is one the owner would have to pay for the one day boarding

Mayor Hison asked Mr Ihrie if he has any comments after reviewing the agreement Mr Ihrie replied that the

contract is not yet ready for execution He asked that it be approved subject to the satisfaction of the City Attorneysoffice He stated that he has been in touch with VCA corporate headquarters Mr Ihrie requested the wording be

changed to an agreement rather than a partnership He stated that the document has runon sentences and VCA

has given him permission to redraft The wording of California law will be changed to Michigan law Mr Ihrie said

that with respect to VCA euthanizing the animals he contacted the local facility and they indicated that it would onlyhappen if the animal was severely injured and suffering and could not be boarded They will keep excellent records

and notes of exactly what happened so that if the owner comes forward later there will be sufficient records to justifythe act Mr Ihrie said it is theoretically possible that liability could occur but that liability is minimal and we should

accept

Mr Rubello asked if a dog is captured that is from another city are we liable financially Mr Hughes replied that we

asked VCA that if a dog doesnthave a tag and someone comes from another city to pick it up they pay the fee We

will only accept dogs that are found in our City Mr Hughes stated that as it is right now there is no firm end date to

the agreement He suggests a one or two year agreement The agreement has a day cancellation clause Ms

Koto explained that it is unusual to see as many as animals in a one month period Chief Walleman stated that

throughout the years this has not been a large issue as to the number of animals but it could become one because

we dontprovide the service We can assume it will increase once the program starts He said there is enoughinterest within the City to at least see if there is a need for this service He will encourage residents to take the animal

to VCA because we dontlike to transport stray dogs etc in our squad cars for several reasons Mayor Hison stated

that VCA is not open hours Their hours are Monday through Friday am pmSaturday am to

pmSunday Noon pm Mr Rubino asked what vaccines the City requires Ms Prozinski replied rabies and

distemper Ms Koto explained that if the animal is not uptodate on rabies and distemper the owner will have to getthe vaccines when they pick up their dog Mayor Hison stated that this could help the City remind residents to getdog licenses Ms Rusie asked that the language about Holidays be clarified to the next business day She asked

what happens if the owner wants to get the vaccinations at their own vet Ms Prozinski replied that proof of shots is

mainly to ensure they own the dog Ms Rusie said it has to be changed then to indicate that other forms of

identification will be accepted Ms Koto said the contract should say if they cannot prove that they have rabies and

distemper vaccinations they have to get it done at VCA Mr Rubino asked what would happen if they cannot prove

it but it has been done Mayor Hison said the owners vet can be called to confirm Ms Rusie asked what would

happen if it was a weekend and the owners vet was not open Mayor Hison said all circumstances cannot be

discussed now

Motion by Rubino seconded by Rusie to approve a request to enter into an agreement with VCA Animal

Hospital for animals at large during non business hours with final approval to be granted by Council after the

agreement has been reviewed and revised by the City Attorney for a six month trial period that can be

canceled before the end of six months

Ayes All

Absent McFadyen

REQUEST TO APPOINT VOTING DELEGATE AND ALTERNATE TO MICHIGAN MUNICIPAL LEAGUE

ANNUAL BUSINESS MEETING

Mayor Hison stated that Councilmember Frederick is the current Michigan Municipal League MML Delegate and

Councilmember Rusie is the Alternate Delegate This is a yearly appointment that we must make prior to the October

meeting

Mr Rubino asked what the benefit of this is Mayor Hison said it is our opportunity as members of MML to express

our vote on issues such as health care that involve the State of Michigan It is the responsibility of the voting member

to bring back the information Mr Walby added that the organizations magazine reflects all of the information

needed

City Council Meeting September Page of

REQUEST TO APPOINT VOTING DELEGATE AND ALTERNATE TO MICHIGAN MUNICIPAL LEAGUEANNUAL BUSINESS MEETING contd

Motion by Walby seconded by Rubino to reaffirm and appoint Mr Frederick as Voting Delegate and to

reappoint Ms Rusie as Alternate for the Michigan Municipal League Annual Meeting to be held Octoberin Grand Rapids MI

Ayes AllAbsent McFadyen

Consent Agenda Items shall be considered without debate by motion and vote of Council unless a

member of Council specifically requests action taken separately on said item

Motion by Walby seconded by Rubino to approve the Consent Agenda items a h which include the

following

a Bills

September

To approve the release of checks in the amount of of the report that is pages in length and

of the grand total amount of went to other taxing authorities

b Fees None

c Progress Payments

Blade Action IncItalia Construction

d Approval of Minutes

Minutes Meeting Date

City Council MayCity Council June

e Receive and file Boards Commissions and Committee Minutes

Minutes Meeting DateCultural Committee June

Election Commission JulyFence Arbitration JulyGeneral Employees Pension Board June

Housing Commission JulyMemorial Day Parade Committee June

Memorial Day Parade Committee JulyPolice Fire Pension Board JulyPolice Fire Retiree Health Care JulyPublic Library Board June

Sign Arbitration JulySubCommittee on Boards Committees Commissions June

Waterfront Environmental July

f Request to Set a public hearing for PC to Vacate Public Alley Adjacent to Mapleon October

g Recommendations from the Council Sub Committee on Boards Committees and Committee

Appointments Reappointments

Accept with regret the following resignationsJoe Backus Ethics Committee

Mary Jane Marrone Cool Cities Committee

City Council Meeting September Page of

CONSENT AGENDA contd

Ann Pridemore General Employees Pension Board

Recommendation from Council Sub Committee on Boards Committees and

Commissions to recommend the increase of the St Clair Shores Memorial DayParade Committee size from and two alternates to and alternates

Recommendation from Council Sub Committee on Boards Committees andCommissions to recommend the following appointments to the Cool Cities

Committee vacant seats of MJ Marrone A Jadzinski and Maria Martinez and the

newly created Watertront Environmental Committee seat

Name BoardCommittee Term End Date

Henry Castro Cool CitiesLiz Rohan Cool Cities

Christian Koehler Cool Cities AlternateChristian deRon WFEC

Recommendation from Council Sub Committee on Boards Committees and

Committee for the reappointment of the Election Commission members

Name Term End Date

Carpenter Denise MayIhrie Robert MayKotowski Mary MaySlater Metta L May

Mayors Appointment To reappoint Kenneth Schoof as a member of the General

Employees Pension Board and General Employees Retiree Health Care Trust Board

with the term ending date of June

Request to set a Public Hearing on October for consideration of necessity for the

creation of a Special Assessment District for the dredging of the BayviewLakecrestCanal

Ayes AllAbsent McFadyen

REQUEST FROM THE CITY CLERK TO PERMANENTLY RELOCATE PRECINCT LOCATED AT TAYLOR

SCHOOL TO ST MARGARET OF SCOTLAND CATHOLIC CHURCH

Ms Kotowski stated that she is presenting this to Council as a legislative body instead of going to the Election

Commission because a precinct move must be made prior to days before an election She found out today that

Taylor school is becoming a dormitory for the Mandarin foreign exchange student program Her recommendation is to

permanently move Precinct to St Margarets to share the gymnasium with Precinct

Mayor Hison asked if notices would be sent to those in Precinct in due time and also posted at Taylor school Ms

Kotowski replied that signs will be posted it will be announced on Council Matters it will be advertised in the

newspaper and all registered voters in Precinct will receive notification

Motion by Rubino seconded by Rusie to adopt the permanent relocation of Precinct located at TaylorSchool to St Margaret of Scotland Catholic Church located at Thirteen Mile Road for all future

elections conducted by the City Clerk

Ayes AllAbsent McFadyen

UPDATES AND FOLLOW UPS FROM COUNCIL MEETING

PCBs Mr Hughes stated that employees from EPA were in some of our canals recently doing sampling and soil

boring tests The samples have been sent to labs and results will be back soon in their continuing effort to identify the

source of PCBs Mayor Hison stated that an AuguststSentinel article stated there might be another town hall

meeting Mr Hughes said we are in discussions with the EPA for a town hall meeting October or November and that

City Council Meeting September Page of

UPDATES AND FOLLOW UPS FROM COUNCIL MEETING contd

more details will follow

Harper Mile Road to Mile Road Street Replacement Mayor Hison stated that they have been doing a greatjob on the west side replacing areas of concrete and sewer work He asked Mr Rayes how close is completion Mr

Rayes replied that they started putting asphalt down at Mile Road today and within the next couple weeks it should

be wrapped up

Little Mack Mile Road to Mile Road Mr Rayes said paving is complete and driveways are in they are

putting in topsoil and sod on the west side They will remove weeds in about one week on the east side and then

open the road

Status of Work at Ridgeway Jefferson Mayor Hison said that in a letter it was stated by court order that the

removal of concrete and black top was to be done by August Mr Ihrie said there was a demolition permitgiven but the demolition was not finalized because there was asphalt and concrete left on the property The Cityfiled a lawsuit against the owner to require the owner to finalize the demolition and a judgment was secured that gaveowner days to finalize If not it gave City the authority to finalize and lien the property Since the days has

expired we have the legal authority to finalize the demolition There are some vacant residences connected also

owned by this owner The City has the right not obligation to finalize the demolition Mr Ihrie explained that he and

Mr Rayes are in the process of securing an environmental report for our own environmental expert review to make

sure if the asphalt and concrete is removed it wontcause difficulty to surrounding neighbors We are also in the

process of securing title work to ensure that if we finalize the demolition that we are not behind prior liens The longerof the two events prior to our finalizing the demolition if we choose to do that will be the analysis of the

environmental report by our own expert with respect to the safety of removing the balance of the concrete

Mayor Hison asked if we have contacted the owner about this removal Mr Ihrie replied that he has contacted the

owner many times and sent him a copy of the judgment He added that we have filed proof with the court MayorHison stated that these costs will be recoverable through the owner Mr Hughes said we are sensitive to the fact that

the deadline was missed and that this is a prominent corner He stated that the plan is to get this resolved and that

we are moving ahead cautiously because of unknown environmental issues There are three residential homes that

are included in the judgment If we cantget the environmental report this week we will get back with each council

member Mayor Hison said we have a lot of experience with those who wontcomply and we have learned lessons

This is right in the middle of the Nautical Mile and should not be an eyesore He asked that this be kept on the front

burner

COMMENTS BY INDIVIDUAL COUNCILPERSONS

Council Member Walby asked for a status on the Leisure Manor Food Program Mr Hughes responded that the

Meals on Wheels and the nutritional lunch programs have been fully restored Mr Walby asked Mr Hughes if he was

still working with Ms Walsh on the issue of seating Mr Hughes replied that there are now two chairs in Leisure

Manor I and two chairs in Leisure Manor II Mr Hughes will continue to monitor both situations

Mr Walby asked for an update on potential changes to personal property taxes Mr Hughes replied that discussion

has taken place in Michigan Legislature about a possible elimination of the personal property tax This is a slice of the

property tax revenue that we bring in Our approximate personal property tax loss would be approximatelyMillion Mr Haney responded that we get to Million for State Shared Revenue Mr Walby said that if the

state continues to balance the budget on municipalities it would be hard to make up this loss He hopes Mr Forlini

does not support this tax cut Mayor Hison recommends that we put together a letter to our state legislatorsexplaining how such a significant revenue loss will hurt our City Mr Hughes will prepare a letter and circulate it for

Council to review

Mr Walby asked what happened on Harper to the light at Little Mack that no longer blinks after blinking for about

years Mr Rayes said the County put in a sidewalk crossing control Mr Hughes will find out how this was justified

Mr Walby announced that we are looking for civic minded residents to volunteer to serve on our committees and

commissions Over the next two months we hope to fill vacancies on the following Activities CommitteeBeautification Commission Communications Commission Cultural Committee Ethics Committee Fence Arbitration

Committee Library Board Older Persons Advisory Committee Parks Recreation Commission St Clair Shores

Memorial Day Parade Committee Applications can be downloaded from the citys website at scsminet or may be

picked up at the Clerks office

City Council Meeting September Page of

COMMENTS BY INDIVIDUAL COUNCILPERSONS contd

Council Member Frederick stated the solution regarding the light at Little Mack Harper is to put the green arrows

back and if we need a red light a button could be installed which could be pushed if needed to turn red Mr

Hughes stated again that he will look into this

Mr Frederick stated the County Park between Bon Heur and Lakeland off of Jefferson has had problems with graffitiWe are working with the County regarding this We have to patrol the parks better or lock them so they do not getspray painted which uses taxpayer money to clean up

Mr Frederick asked if there is any furniture on the lake side at Leisure Manor yet Mr Hughes said it is a work in

progress

Mr Frederick asked Mr Rayes if work is progressing on the bocce canopies Mr Rayes said we are in the processof ordering the steel and this project wiA be done by end of September

Mr Frederick announced that on September St Lucys Church is having a walk from Noon to pmThis will be an interesting event and will include military members

Mr Frederick announced Wigs for Kids Gala to be held September at Barrister Garden at pmCall

Mr Frederickscell phone at for tickets

Mr Frederick stated that Our Lady of Hope Festival will be held at the St Germaine Campus on September

Mr Frederick hopes to see everyone at the Funfest at South Lake Stadium on September th

Council Member Rubello wants everyone to know that when he asks Mr Rayes questions he does get answers

He added that one of his questions was how are we doing in CDI and he found out that our permits have gone upwhich is positive There were permits issued between August and August Another answer Mr

Rubello received to a question is that St Clair Shores does not have historic districts

After Funfest on September at pmhead over to the Senior Center for the St Clair Shores Fall Harvest

Celebration Tickets are and may be picked up at the Senior Center The movie Rudy will be featured

Mr Rubello mentioned that the Senior Center will start selling double crusted apple pies on September to

benefit the Senior Meal Program

Mr Rubello stated there will be a one day senior trip to Soaring Eagle Casino October leaving the Senior

Center at amreturning at pm Tickets are which includes a voucher Call

for questions

Mr Rubello asked the City Manager how his goal of pursuing economic development in St Clair Shores can be

accomplished in light of County Executive Hackels presentation Mr Hughes replied that he will invest more time in

working with people in the development field He believes being in the field is more proactive There are a variety of

parcels that are prime candidates to have someone come in to develop Mr Hughes believes St Clair Shores is a

prime community for development He said we will work with the business community to navigate through ordinances

and business plans Mr Rubello added that he appreciates that the County Executive is putting his hand out to us

He requested a list from Mr Hughes before November of the goals that he thinks would be beneficial to the

community

Mr Rubello read an article from another city that wrote about our Community Open House to fill some of our

vacancies It was a positive article that shows we are leading the way

Mr Rubello thanked Mr Walby Mr Rayes and TIFA for making Jefferson took great during Restaurant Week with

the banners

Mr Rubello was on Laukel Street at Harper today and would like someone to see what is wrong It looks bad and

there was overgrown vegetation

Council Member Rusie announced that for the apple pie sale help is needed with preparations and baking startingSeptember with peeling

City Council Meeting September Page of

COMMENTS BY INDIVIDUAL COUNCILPERSONS contd

Ms Rusie said there is a series of questions on the Citys Facebook page about assessing employees measuringMr Hughes replied that the state has mandated that every city conduct on an annual basis a reappraisal of of

their building stock To comply with that mandate we chose a section of the city that began at Mite Road Little

Mack heading north to Mile Road As we reach Mile Road we are going to go to the eastern side of Little

Mack between Martin and Mile Road to satisfy our Next year when wereengage in this project we will

more proactively announce this and have more notifications Ms Rusie asked how the resident can verify the badgeMr Hughes said they can call him at or call the City Assessors office He also stated there have

been no trespassing issues If there is a no trespassing sign the Assessorswill honor those

Ms Rusie stated that the Stay Play Program would like to stay together but their meeting room at Civic is beingrenovated Mr Hughes said if they are remaining an organization we will find a space for them

Ms Rusie reports that Council receivesamails about school district issues Residents should write their local school

boards with questions and concerns we are not the right people to contact

Council Member Rubino announced that the Cultural Committee is having a cemetery tour on October

They are touring Elmwood and Mt Elliot Cemeteries both established before the Civil War The tour begins at the

Library tours the Mt Elliot cemetery then lunch at the Capuchin Fathers Monastery and then on to Elmwood

Cemetery This tour wilt be narrated by Stuart McMillan Tickets are first come first serve and are on sale at the

Library

Mr Rubino asked how he can find out what the inspections entail for rental properties Mr Rayes stated there is a

checklist the inspector uses to check off violations He will forward a copy to Council Mr Hughes said that there is

some tweaking that needs to happen Mr Rubino asked if the rental addresses on Bon Heur were addressed Mr

Rayes said these will be followed up on

Mr Rubino stated that a few years ago he was opposed to spending Million on a city wide replacement project of

water meters However he wants to know how it is possible that someone receives a water bill Mr Smith

replied that this occurs with foreclosures disgruntled homeowners flood the house and also that the biggest culpritare basement toilets or anything that doesntget used a lot Mr Smith said that we encourage residents to put food

coloring in the tank and the next morning there should be no color in the bowl If you have no color in the tank there

is a big leak Another issue is older meters or meters with insects blocking the dials In the last year if we get twosuccessive readings other than winter months that do not show any movement in the meter there will be a largeestimated bill Or you might get many estimated bills and if you have a leak during that time once we get an actual

read the bill goes up

Mr Hughes added that his office receives calls from residentsbusinesses asking for a payment plan which we will

work with If the resident believes their meter is not functioning properly we will take it to the garage to test it where it

will be determined if it is malfunctioning Meters rarely speed up to create a large bill they typically slow down with

age and the bills become smaller

Mr Smith stated that education is the best way to prevent this It will cost Million to replace meters at this time

That is homes that would have to arrange to have someone come in to do the work We now tell people when

you get your bill read the first four digits on your inside meter and read left to right If you get a mismatch call the

Water Department and they will come out If the meter is years old we will swap it out while we are there If you

want it tested we will pull it and test it inhouse Radio read triggers to us when there is a tamper underutilizationMr Hughes added that if we have made a mistake and that you have been overbilled we will take appropriate action

to reduce the bill We purchase water from the City of Detroit and they dontcare how we bill our residents When

we waive bills and eliminate expenses we are saying to the other residents that we need them to help subsidize and

they will see a higher rate next year Mr Smith said our water rates went up and sewage rates went upthis past year Much of the water rate increases are because of water treatment fixed costs that occur even if we

conserve water Mr Smith said the quickest remedy is for resident to call us immediately First flag is a zero usagebill a fees only bill Mr Hughes said we will use the Local Matters TV show to inform Mr Smith reiterated

that payment arrangements do not mean we forgive the bill Also if you are a renter you cannot get a paymentarrangement unless the property owner approves We can go as long as six months on arrangements but

exceptions are made for very large bills

Mayor Hison stated that during budget meetings we discussed the mandate of replacing street signs Recently this

has been rescinded to only replace as required Mr Hughes stated that the Federal Secretary of Transportationrecognized that this needed to be rescinded due to local economy issues

City Council Meeting September Page of

COMMENTS BY INDIVIDUAL COUNCILPERSONS contd

Mayor Hison thanked the Police Department Fire Department City Council Administration employees family and

friends for their thoughts and prayers over the death of his sister

CITY MANAGERSREPORT

Mr Hughes reported that we just completed the eighth month of operation of our regionalized call center in

Roseville named Southeastern Regional Emergency Services Authority SERESA Mr Hughes is the chairman of

this person public authority It has come to his attention from residents Police Officers Firefighters and several

members of Council that there are issues that need to be addressed Mr Hughes does not want our residents to feel

unsafe even though there are issues to iron out We have trained professional dispatchers and an executive

director There are challenges but it will work

Mr Hughes reports a problem with the Lakeview Public Schools portion of the summer tax bill In May and June

they gave us information as to how to prepare property tax bills for them However they gave us the wrong millagerate The millage rate they gave us was mils too high To remedy this Lakeview Public Schools has worked with

the Department of Education and this will be fixed on the tax bill The average tax bill error is about too

high Lakeview will notify property owners in their district and we will make sure that this be done efficiently in the

summer of

Mr Hughes states that a speaker at the podium a few weeks ago spoke of his concerns about a vacant lot next to

Roy OBrien Ford It was represented that the City issued an electrical permit for a vacant lot We were not aware

that an electrical box was installed until that evening and we immediately took care of it with the owners to make sure

it was corrected Another misrepresentation made that evening was that Mr Rayes socializes and purchases homes

with MrOBrien That is completely false Our efforts are to be ethical and we do not have personal relationshipswith businesses

AUDIENCE PARTICIPATION

Allen Kauffman and Joe Murdock of the VFW Bruce Post announced a Military Collectors Show to be held on

September from am to pm There will be display tables and the selling of patches swords and

uniforms General admission is To sell military wares call Paul Triglia or Joe Murdoch

Janet Reed St Clair Shores resident received a water bill She said that she was not out of town and has no

leaks Her concern was that the actual meter read was four times her average usage She said there is no system in

place for detecting these problems The American Waterworks Association recommends that every meter be

replaced every years

Bob Fetter Cool Cities Committee announcing the Nautical Mile Pub Crawl fundraiser He stated that last year we

had people attend This event will be held Thursday September pm pm Brownies

Roho Steves Backroom Pegasus Pat OBriens Waves are participating There will be food samples and shuttles

To purchase tickets email coolcitycommitteescsagmailcom or call This years theme is the

Lakeside Luau

Jamie Victory St Clair Shores resident stated that the Harper Cruise was successful However while at KMart

parking lot there was busted concrete and potholes in the parking lot He is concerned that a stone could have flown

up and hit one of the Harper Cruise specially painted cars He recommends that someone discuss this withKMart

Ralph Kosal a St Clair Shores resident while at Blossom Heath Park he was playing Nerf football with his children

The gate guard told him he could not play ball in the park He asked the guard to show him on the sign where it

states this He spoke with Mr Hughes and Mr Esler and he was told he could play Nerf football He returned

Saturday to fish and brought his Nerf ball again The gate guard again told him he couldntplay He explained to the

gate guard that Mr Esler and Mr Hughes said he could play Mr Kosal states that the gate guard called him

uneducated The wording on the signage does not include Nerf balls and the park was empty Another gate guardyelled at him too Mr Kosal said he is aware that a gate guard that is not a resident goes to the park to fish and theyallow others to drink alcohol He feels the gate guards are breaking rules constantly yet they yell at him for bringing a

Nerf ball

Chris Vitale St Clair Shores resident said he is glad that Executive Hackel backed away from his statement in the

newspaper about killing the Nautical Mile Mr Vitale stated that when outsiders get involved in St Clair Shores

City Council Meeting September Page of

AUDIENCE PARTICIPATION Contd

business things like school of choice occurwhere South Lake is now one of the worst schools in Michigan He said

that influence from outside of the City has not always served us well He cited another example in that the HousingCommission doesntreport to the City and it takes a lot of effort to get a chair placed at Blossom Heath Mr Vitale

commented that Mr Hackels statements Macomb population has grown does not mean St Clair Shores because we

have lost residents

James Kelly St Clair Shores resident presented his solution to watching yourwater bill He reported that the number

is the number of gallons in a unit of water If you lose one unit of water per month that is gallons wasted

Over a day period you have lost gallons per day This is not a small leak this could be a hose runningoutside

REQUEST TO ENTER CLOSED SESSION AS PERMITTED BY STATE STATUTE MCLA

SECTIONA AND IC

Motion by Fredricks seconded by Rusie to enter closed session as permitted by State Statute MCLA

Section A and Cat pm

Roll Call Vote

Ayes AllAbsent McFadyen

REQUEST TO ENTER CLOSED SESSION AS PERMITTED BY STATE STATUTE MCLA

SECTION AAND C contd

Motion by Rubino seconded by Frederick to return to Open Session at am

Ayes AllAbsent McFadyen

ADJOURNMENT

Motion by Rubino seconded by Frederick to adjourn at am

Ayes AllAbsent McFadyen

ROBERT A HISON MAYOR MARY KOTOWSKI CITY CLERK

THE PRECEDING MINUTES ARE A SYNOPSIS OF A CITY COUNCIL MEETING AND DO NOT REPRESENT A

VERBATIM RECORD

City Council Meeting September Page of

PROPOSED MINUTESST CLAIR SHORES CITY COUNCIL MEETING

SEPTEMBER

Regular Meeting of the City Council held in the Council Chambers located at Jefferson Circle Dr St Clair

Shores Michigan

Present Mayor Hison Council Members Frederick Rubello Rubino and Walby

Excused Council Members McFadyen and Rusie

Also Present City Manager Hughes City Clerk Kotowski Director Rayes and City Attorney Ihrie

CALL TO ORDER ROLL CALL AND PLEDGE OF ALLEGIANCE

Mayor Hison called the meeting to order at pm Ms Kotowski City Clerk noted that Council Members

McFadyen and Rusie asked to be excused A quorum was present

Motion by Walby seconded by Frederick to excuse Council Members McFadyen and Rusie from this

eveningsmeeting

Ayes Frederick Walby Hison Rubello RubinoAbsent McFadyen Rusie

The Pledge of Allegiance was led by Boy Scout Troop and recited by those in attendance The Scoutmaster

explained a little background of the Boy Scouts He stated that the Boy Scouts grow young gentlemen into leaders

He stated that attending tonights Council Meeting is giving these Scouts the opportunity to fulfill requirements in

communications merit badges and citizenship in the community He added it is good for them to see how the

leaders of their community help people in government

Mayor Hison announced that there were two councilpersons absent tonight but four votes are still required to pass

an agenda item He gave petitioners the opportunity to postpone requests if they desired

PROCLAMATIONS PRESENTATIONS

a Macomb County Chamber of Commerce Presentation

Grace Shore CEO of the Macomb County Chamber of Commerce and Heather formerly of the Metro East Chamber

of Commerce explained the Macomb County Chamber would like to service St Clair Shores Ms Shore stated she

has been with the Macomb County Chamber for years They have close to members Some of the thingsthey have accomplished in St Clair Shores is they have met with Blaire Gilbert to work on an expo in the springworked with Jim Casa on the Poinsettia Ball worked on a boating event at the parks in St Clair Shores and held a

political forum at the Barrister Gardens Ms Shore added they are already active and would like to be more active

The Macomb County Chamber of Commerce is very impressed with the community spirit and commitment in St Clair

Shores

Mayor Hison stated that we need to keep marketing our community

Mr Hughes added that we have incredible community spirit and the Macomb County Chamber of Commerce is

anxious and excited to work with our community

Mr Rubello stated he has worked with Heather in the past and thinks it is wonderful that she is associated with the

Macomb County Chamber

Mayor Hison explained to Ms Shore that the City is in the process of putting a City calendar together for next year

which will be made available to the Chamber of Commerce

b Beautification Awards

Mayor Hison and Council Member Rubello presented the following Beautification Awards

City Council Meeting September Page of

PROCLAMATIONS PRESENTATIONS contd

PROCLAMATION

FOR BEAUTIFICATION AWARD WINNERS

JOE BETTY AND KATHY MCPHERSON

WHEREAS the Mayor and Council of the Cityof St Clair Shores deem it fitting and proper to publicly recognize the

outstanding efforts made by individuals and businesses in helping to beautify our City and

WHEREAS it is the inherent beauty and harmony of the human spirit which enables man to enrich his life byrecognizing and appreciating the beauty of his surroundings and

WHEREAS JOE BETTY AND KATHY MCPHERSON Trombly have displayed community spirit and a

willingness to enhance the beauty of their property that demonstrates a strong sense of civic pride

NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of St Clair Shores on behalf of our

citizens deem it an honor and pleasure to extend our congratulations to JOE BETTYAND KATHY MCPHERSON on

receiving the Beautification Award for

Presented this th day of September

PROCLAMATION

FOR BEAUTIFICATION AWARD WINNERS

MAX AND MARY ANN MOTYKA

WHEREAS the Mayor and Council of the City of St Clair Shores deem it fitting and proper to publicly recognize the

outstanding efforts made by individuals and businesses in helping to beautify our City and

WHEREAS it is the inherent beauty and harmony of the human spirit which enables man to enrich his life byrecognizing and appreciating the beauty of his surroundings and

WHEREAS MAX AND MARY ANN MOTYKA Jefferson Avenue has displayed community spirit and a

willingness to enhance the beauty of his property that demonstrates a strong sense of civic pride

NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of St Clair Shores on behalf of our

citizens deem it an honor and pleasure to extend our congratulations to MAX AND MARY ANN MOTYKA on

receiving the Beautification Award for

Presented this Th day of September

PROCLAMATIONFOR BEAUTIFICATION AWARD WINNERS

RONALD AND MYRNA PAVLOVCH

WHEREAS the Mayor and Council of the City of St Clair Shores deem it fitting and proper to publicly recognize the

outstanding efforts made by individuals and businesses in helping to beautify our City and

WHEREAS it is the inherent beauty and harmony of the human spirit which enables man to enrich his life byrecognizing and appreciating the beauty of his surroundings and

WHEREAS RONALD AND MYRNA PAVLOVICH Westbury have displayed community spirit and a

willingness to enhance the beauty of their property that demonstrates a strong sense of civic pride

NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of St Clair Shores on behalf of our

citizens deem it an honor and pleasure to extend our congratulations to RONALD AND MYRNA PAVLOVICH on

receiving the Beautification Award for

Presented this th day of September

City Council Meeting September Page of

PROCLAMATIONS S PRESENTATIONS cortd

PROGLAMATIONFOR BEAUTIFICATION AWARD WINNERS

RON AND LINDA INILLETTE

WHEREAS the Mayor and Council of the City of St Clair Shores deem it ftting and proper fo publicly recognize the

outstanding efforts made by individuals and businesses in helping to beautify ourCity and

WHEREAS it is the inherent beauty and harmony of the human spirit which enables man to enrich his life byrecognizing and appreciating the beauty of his surroundings and

WHEREAS RON AND LINDA WiLLETTE Burton Street have displayed conununity spirit and a willingnessto enhance the beauty of their property that demonstrates a strong sense of civic pride

NOW THEREFORE BE TRESOLVED that the Mayor and Council of the City of St Clair Shores on behalf of our

citizens deem it an honor and pleasure to extend our congratulations to RON AND LINDA WILLETTE on receivingthe BeaufcaSon Award for

Presented this dayof September

PROCLAMATIONFOR BEAUTIFICATION AWARD WINNER

SABBYS LOUNGE

WHEREAS the Mayor and Council of the City of St Clair Shores deem it fitting and proper to publicly recognize the

outstanding efforts made by individuals and businesses in helping fa beautify our Crty and

WHEREAS it is the inherent beauty and harmony of the human spurt which enables man to enrich his life byrecognizing and appreciating the beauty of his surroundings and

WHEREAS TONY AND TAMMY MISERENDINO OF SABBYS LOUNGE Harper Avenue have displayedcommunity spirit and a willingness to enhance the beauty of their property that demonstrates a strong sense of civic

pride

NOW THEREFORE BE RRESOLVED that the Mayor and Council of the City of tClair Shores on behalf of our

citizens deem it an honor and pleasure to extend our congratulations to TONYAND TAMMY MISERENDNO OFSABBYSLOUNGE on receiving the Beautification Award for L

Presented this day of September

PROCLAMATIONFOR BEAUTIFICATIONAWARD WINNER

COSMETIC SURGEIfSOF MICHIGAN PG

WHEREAS the Mayor and Council of the City of St Clair Shores deem it fitting and proper to publicly recognize the

outstanding efforts made byindividuals and businesses in helping to beautify our City and

WHEREAS it is the inherent beauty and harmony of the human spirit which enables man fo enrich his life byrecognizing and appreciating the beauty of his surroundings and

WHEREAS GEORGE T GOFFAS MQOF COSMETIC SURGEONS OF MICHIGAN PC Greater Mackhas displayed community spirit and a willingness to enhance the beauty of their property that demonstrates a strongsense of civic pride

NOW THEREFORE BE IRESOLVED that the Mayor and Council of the Cify of St Clair Shores on behalf of our

citizens deem it an honor and pleasure to extend our congratulations to GEORGE T GOFFAS MD OF COSMETICSURGEONS OF MICHIGAN PC on receiving the Beaufification Award for

Presented this dayof SeptemberD

City Council Meeting September Page of

PROCLAMATIONS PRESENTATIONS contd

PROCLAMATION

FOR BEAUTIFICATION AWARD WINNER

LAKEVIEWREAL ESTATE MARKETING INC

WHEREAS the Mayor and Council of the City of St Clair Shores deem it fitting and proper to publicly recognize the

outstanding efforts made by individuals and businesses in helping to beautify our City and

WHEREAS it is the inherent beauty and harmony of the human spirit which enables man to enrich his life byrecognizing and appreciating the beauty of his surroundings and

WHEREAS ANTHONY RAFFIN OF LAKEVIEW REAL ESTATE MARKETING INC Jefferson Avenue

has displayed community spirit and a willingness to enhance the beauty of their property that demonstrates a strongsense of civic pride

NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of St Clair Shores on behalf of our

citizens deem it an honor and pleasure to extend our congratulations to ANTHONY RAFFIN OF LAKEVIEWREAL

ESTATE MARKETING INC on receiving the Beautification Award for

Presented this th day of September

Lillian Claycomb Chairman of the Beautification Commission stated that beautification is the life of their many

volunteers and she asked those Beautification members in the audience to stand She added that they already have

homes and businesses in mind for next years awards Mrs Claycomb thanked everyone who is involved with the

Beautification Commission

c Turnina Point Domestic Violence Month Presentation

Lorraine Johnston Turning Point stated that October is National Domestic Violence Awareness Month She stated

that marked Turning Points th year of serving St Clair Shores She explained that Turning Point has a

hour crisis line and there were residents from St Clair Shores served last year In addition of women in

Michigan reported violence in their current relationship Also of homicides in Macomb County are related to

domestic violence Turning Point has established a relationship with our tt District Court Ms Johnston stressed

that education is the key to prevention and invited City Officials to wear a purple ribbon in helping support TurningPoint to eliminate domestic violence for the month of October The St Clair Shores Senior Center wilt be collectingsocks for Turing Point during the month of October

Mayor Hison stated that domestic violence is a very serious problem People need to hear the message and be

aware of concerns

AUDIENCE PARTICIPATION ON AGENDA ITEMS MINUTE TIME LIMIT

Jim Goodfellow St Clair Shores resident spoke regarding Item He stated he is confused on the sale of NSP

homes This same house came before Council in September of It has come before Council to sell on June

and August This is the third time and he asked how a house could be sold so many times

Mayor Hison replied that the previous sales did not meet the specifications and requirements of this program

Erin Stahl St Clair Shores resident spoke regarding Items and She thanked City Attorney Ihrie for meetingwith her today regarding a problem she has had with a construction company littering and other problems She

distributed some literature to Mayor and Council with recommendations and asked that they be implemented She

added that road projects should have the same markings must adhere to the respect and courtesy clause qualitystandards and display a sign with the company name This is all a common courtesy There should also be no

trespassing or stealing

It was noted that the building is still under renovation and the license will not be recommended to the State by the

Police Department until the new tenant has obtained their Certificate of Occupancy

City Council Meeting September Page of

MACOMB FINE WINE INC HARPER ST CLAIR SHORES MI MACOMB COUNTY contd

Mr David Harden the managing partner for the business in question was present He advised this will be a

restaurantsaloon business with full service and a full bar

Mayor Hison stated the building is still under construction but looks great

City Attorney Ihrie advised that the Liquor Control Commission has strict rules and will not accept conditional

approvals However the LCC has agreed to let us approve this request subject to final inspections

Council Member Frederick thanked Mr Harden for fixing up that corner

Mayor Hison advised the City will need a letter that will be a supplement to the approval of the Certificate of

Occupancy

Motion by Frederick seconded by Rubino that the request from Michigan Liquor Control Commission to

transfer ownership of an escrowed Class C SDM licensed business with Sunday sales and dance

permit located at Macomb Place Mt Clemens Mi Macomb County from Joseph A Hawlik to

Macomb Fine Wine Inc Harper St Clair Shores MI Macomb County be approved above all

others and that it is the consensus of the legislative body that this application be recommended for

issuance

Ayes All

Absent McFadyen Rusie

REQUEST TO APPROVE THE SALE OF NSP HOME AT AVALON

Mr Rayes Community Services Director explained this is the third time this home has been before Council and it is

the last one in the program The offer is for

Council asked why the sale of this home has come before them two other times Mr Rayes replied that the financinghas fallen through on the last two prospective purchasers

Motion by Walby seconded by Frederick to approve the request to sell Avalon to Client Identifier T for

Ayes AllAbsent McFadyen Rusie

BIDSCONTRACTSPURCHASE ORDERS REQUEST TO ENTER INTO A CONTRACT AS REVISED

BY THE CITY ATTORNEY WITH VCA ANIMAL HOSPITAL A PARTY CONTRACTOR FOR

ANIMALS AT LARGE DURINGNONBUSINESS HOURS

Mayor Hison explained that at the September City Council Meeting the City Attorney was requested to revise

the proposed contract for this meeting

Mr Ihrie pointed out that the agreement has a couple of revisions

Motion by Rubino seconded by Frederick to enter into a contract with VCA Animal Hospital for animals at

large during nonbusiness hours

Mr Frederick stated that we need to make sure that we dontbecome the Macomb County weekend drop off for

every city Mayor Hison replied it is intended for St Clair Shores only but sometimes animals from other cities end

up here

Mr Hughes stated that if this contract is approved residents will be advised on a Local Matters show Mr Hughesadded that if your dog ends up at the VCA Animal Hospital the owner needs proof of ownership to pick up the

animal

City Council Meeting September Page of

BIDSCONTRACTSPURCHASEORDERS REQUEST TO ENTER INTO A CONTRACT AS REVISED BY

THE CITY ATTORNEY WITH VCA ANIMAL HOSPITAL A PARTY CONTRACTOR FOR ANIMALS AT

LARGE DURING NONBUSINESS HOURS contd

Mr Frederick asked if an animal is dropped off at VCA do they advise the Police Department Mr Ihrie replied theydonthave to contact the Police Department but they should

Mr Hison stated these are ail legitimate questions and some of them will have to be worked out This is only a

temporary contract for months to find out if this is a good idea and if it will work

Ayes AllAbsent McFadyen Rusie

REQUEST FOR APPROVAL OF THE TEMPORARY RELOCATION OF PRECINCT JEFFERSON MIDDLE

SCHOOL TO GREENWOOD SCHOOL LOCATED AT JOAN DUE TO CONSTRUCTION

Ms Kotowski City Clerk explained that this move is the result of the Jefferson Middle School buildingrenovationreconstruction project that is slightly behind schedule for completion This is the closest alternative to

relocate this precinct Signs will be posted at Jefferson and notification will be mailed to every voter prior to the

upcoming Election Day Joint use of Greenwood for Primary worked well

Motion by Frederick seconded by Rubino to adopt a Resolution for the temporary relocation of Precinct

Jefferson Middle School to Greenwood School located at Joan due to construction as

recommended by the City Clerk

Ayes AllAbsent McFadyen Rusie

CONSENT AGENDA All items listed on the consent agenda are considered to be routine and will beenacted

by one motion and approved by a vote of City Council There will be no separate discussion of the items unless the

Mayor and or a Council Member so requests in which event the item will be removed from the general order of

business and considered under the last item of the Consent Agenda

Motion by Walby seconded by Rubino to approve the Consent Agenda items a f which include the

following

a Bills

September

To approve the release of checks in the amount of of the report that is pages in

length and of the grand total amount of went to other taxing authorities

b Fees

Kirk Huth LangeIhrie and OBrien

c Progress Payments

Posen Construction

Tiseo Brothers Inc

d Approval of Minutes

None

e Receive File Boards Commissions Committee Minutes

To receive and file the following minutes

Minutes Meeting Date

City Council Meeting September Page of

Beautification Commission JulyCONSENT AGENDA contd

Cultural Committee AugustMemorial Day Parade Committee AugustMemorial Day Parade Committee AugustWater Resources Board AugustWaterfront Environmental Committee August

f Receive and deny claim of Michigan Association of Police St Clair Shores Police Officers

Association vs Citv of St Clair Shores and refer to the City Attorney

Ayes AllAbsent McFadyen Rusie

UPDATES AND FOLLOWUPS FROM COUNCIL MEETING

PCBs Mayor Hison stated this is a very difficult subject Over million have been supplied to St Clair Shores for

clean up Mr Hughes added there is an article regarding the PCBs in the Detroit News today Mr Hughes stated the

City is still vigilant on this Mr Babcock and Mr Hughes will travel to Chicago in October to meet with top officials in the

EPA

Harper Mile Street Replacement Mr Rayes advised they have put down asphalt and are adjusting manholes If

the weather holds out they might be done by the end of September

Little Mack Mile Mr Rayes advised Little Mack was opened on Wednesday Sod restoration and signs have to

be put up yet which may cause some lane closures

Ridgeway Jefferson Mr Rayes stated the property owner has laid dirt and seeded and the area is now green CityAttorney Ihrie stated the court has ordered removal of the gas tanks There is still contamination in the ground If the Citydecides to remove the balance of cement and asphalt they need to confirm that it will not cause any hazard to the

surrounding neighborhood The City needs to get a report from their environmental expert In addition there are two

residences on Ridgeway that are owned by the same owner and the City has the authority to demolish those two homes

Mayor Hison asked if the cost would be charged back to the owner of the property Mr Ihrie replied it would

COMMENTS BY INDIVIDUAL COUNCILPERSONS

Council Member Rubino stated the St Clair Shores Cultural Committee has a Cemetery Tour scheduled on

October from am to pm The bus tour begins at the Library and will go to two cemeteries in

Detroit Elmwood and Mt Elliott The bus will go through one cemetery have lunch and then go through the other

Tickets are per person and are available at the Library

Mr Rubino stated that Boston Street was repaved in the spring and some of the residents received very bad sod

They have tried to get it replaced many times to no avail Mr Rubino requested to know when they would get new

sod as they went through the whole summer without it Mr Rayes replied that sometimes when contractors have to

dig up the sod and they replace it the homeowner doesntwater it Mr Rubino replied that was not the problem Mr

Rayes stated that the contractors will be working in that area soon and will replace the sod

Mr Rubino stated that Ms Stahl brought list of concerns to Council He asked if it is in the City Ordinance that when

cement is replaced it is stamped Mr Rayes replied it is in the ordinance Mr Rubino then asked why is it not done

anywhere in our City Mr Rayes stated it is the first and last slabs that are required to be stamped Mr Rubino

stated we need to insure that contractors are doing what they are supposed to do

Council Member Rubello asked who is responsible for following the contractors to make sure things are going as

planned Mr Hughes replied that AEW is out in the field as well as Chris Rayes and Brian Babcock Before final

payment is issued the quality of work is inspected and final payment is not issued until it is satisfactory

Mr Rubello asked who is responsible if a contractor breaks a sprinkler head the residentbusiness owner or the

contractor

Mr Rayes replied that the County does not do repairs to sprinklers Mr Hughes added that is something that we

dontsupport but since the County wontrepair them the City does The residentlbusiness owners are not

responsible

City Council Meeting September Page of

COMMENTS BY INDIVIDUAL COUNCILPERSONS

Mr Rubello asked if the inspections on Little Mack have found any cracks in the cement or any flaws Mr Rayesreplied that some repairs have to be made before it is closed out

In reference to Ms Stahls list Council Member Rubello asked if all contractors have been instructed not to use

residents water or enter their homes Mr Hughes replied they have all been instructed

Mr Rubello stated he has received complaints that some trees are blocking business signs and are growing too highHe asked if there are specific types of trees that we have to plant Mr Rayes replied the trees can be trimmed by the

owner with the Citys permission or the City can go out and trim them There are specific trees for height Mr

Hughes he added that he will circulate the list of approved trees

Mr Rubello announced the Senior Center Fall Harvest is on Saturday at pm Admission is

There will be pies for sale on Thursday for at the Senior Center

Mr Rubello stated he would like to encourage the City to go after and try to create some shopping districts in St Clair

Shores

Council Member Frederick thanked Wigs for Kids for the gala last Friday Over people attended

Mr Frederick thanked Mr Rayes and Mr Hughes for getting the orange barrels out of Little Mack He also thanked

everyone who attended the Art Fair and St Germaine Festival

Mr Frederick announced a funfest at the South Lake Athletic Field on Mile and Stadium Drive

Mr Frederick stated that Cool Cities had the Pub Crawl on Thursday The restaurant owners were ecstatic as it

generated business for them

Council Member Walby passed

Mayor Hison announced that on Wednesday September at pmMeet the Candidates for Mayor and Council

will be held live and will be rebroadcasted

Mr Hison stated there was a great article about the Harper Cruise in the Tech Center News

CITY MANAGERSREPORT

Mr Hughes stated October is National Firefighters Month There will be an Open House on Sunday October from

noon to pmat Central Fire Department at Harper and Sunnydale

AUDIENCE PARTICIPATION MINUTE TIME LIMIT

John Watts resident of St Clair Shores stated he is a member of his Homeowners Association and he would like to

discuss problems on his street Bayview He stated the condition of the street is terrible The asphalt is cracked there are

ruts and grass is growing in the street He has spoken with City Administration and was told that the street is too costly to

repair but that they would patch it MrWatts stated that patching is only a temporary solution There are no sidewalks

on the street so children have to walk and ride their bikes in the street which has become dangerous Mr Watts

presented a petition to Mayor and Council regarding the repair of the street He has received responses so far Mr

Watts stated he is looking for direction on how to get his street repaired Mayor Hison replied he will review his requestand present feedback

Janet Seagram resident of St Clair Shores stated she lives next door on Bayview to John Watts She stated she has

sent emails and letters to Mayor and Council since last year and has never received a response She added their street

has no sidewalks Dogs are walked in the street and children ride their bikes in street which is continuing to disintegrateShe requested some kind of acknowledgement from Council

Ron Swick stated he has also lived on Bayview for the past years and the condition of the street is deteriorating Mr

Swick invited Mayor and Council to take a ride down their street

Nate Kaczmarek resident of St Clair Shores stated he attended the Cool Cities Pub Crawl and the Lac Ste Clair Fine

Art Fair which were excellent events

City Council Meeting September Page of

AUDIENCE PARTICIPATION MINUTE TIME LIMIT contd

Mr Kaczmarek stated the quality of leaders is reflected in the quality of standards they set for themselves He would like

to have aSt Clair Shores City Council Attendance Policy Beginning in November with a new term this body should look

at establishing a reasonable attendance policy for elected officials possibly requiring a attendance record

REQUEST TO ENTER CLOSED SESSION AS PERMITTED BY STATE STATUTE MCLA SECTION S la

Motion by Rubino seconded by Frederick to enterclosed session at pm

A roll call vote was taken

Ayes Rubino Walby Frederick Rubello HisonAbsent McFadyen Rusie

Motion by Rubino seconded by Frederick to return to open session at pm

Ayes All

Absent McFadyen Rusie

ADJOURNMENT

Motion by Frederick seconded by Walby to adjourn at pm

Ayes AllAbsent McFadyen Rusie

ROBERT A HISON MAYOR MARY KOTOWSKI CITY CLERK

THE PRECEDING MINUTES ARE A SYNOPSIS OF A CITY COUNCIL MEETING AND DO NOT REPRESENT A

VERBATIM RECORD

City Council Meeting September Page of

PROPOSED MINUTES

ST CLAIR SHORES CITY COUNCIL MEETING

October

Regular Meeting of the City Council held in the Council Chambers located at Jefferson Circle Dr St Clair

Shores Michigan

Present Mayor Hison Council Members Frederick Rubello Rubino Rusie and Walby

Absent Excused Council Member McFadyen

Also Present City Manager Hughes Assistant City Manager Smith City Clerk Kotowski Directors

DHerde Haney and Rayes and City Attorney Ihrie

CALL TO ORDER ROLL CALL AND PLEDGE OF ALLEGIANCE

Mayor Hison called the meeting to order at p m Ms Kotowski City Clerk noted that Ms McFadyen asked to

be excused and called the role with a quorum present The Pledge of Allegiance was recited by those in attendance

Motion by Frederick seconded by Walby to excuse Ms McFadyen from tonightsmeeting

Ayes All

Absent McFadyen

The Mayor noted that Items b and gwere removed from this agenda These items will be rescheduled

PROCLAMATIONS PRESENTATIONS

a Corridor Improvement Authority Property Improvement Awards

Mayor Hison introduced Mr McGow a member of the Corridor Improvement Authority who spoke regarding the

Property Improvement Award He explained that this was a contest for businesses on Harper and the awards were

given based on curb appeal They determined that an Award winner Second Place winner and Honorable Mention

winner would be chosen from three different segments of the City These segments included Mile to MileMile to Mile and Mile to Mile This contest was created to encourage businesses to beautify Harper with

landscaping in hopes of attracting more businesses as well as more customers These winners were chosen byconsensus of the members of the Corridor Improvement Authority

Mayor Hison explained that there were many businesses to choose from He also mentioned that any business

which is part of the Corridor Improvement Authority Committee could not be considered He thanked all of these

businesses for making these improvements

Mile Road to Mile Road Recipients

City of St Clair Shores

PROCLAMATION

HARPER AVENUE CORRIDOR IMPROVEMENTAUTHORITY

LANDSCAPE IMPROVEMENT AWARD HONORABLE MENTION

CARUSOSHAIR FASHION

WHEREAS the Mayor and Council of the City of St Clair Shores deem it fitting and proper to publicly recognize the

outstanding efforts made by business owners along Harper Avenue who have improved the aesthetics of our Cityand

WHEREAS it is the motivation of the human spirit which enables man to enrich his life by improving his

surroundings and

WHEREAS CARUSOS HAIR FASHION located at HARPER has displayed community spirit and a

willingness to enhance the beauty of their property that demonstrates a strong sense of civic pride

City Council Meeting October Page of

a Proclamation to Carusos Hair Fashion Contdl

NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of St Clair Shores on behalf of our

citizens deem it an honor and pleasure to extend our congratulations to CARUSOSHAIR FASHION on receivingthe HarperAvenue Corridor Improvement Authority Landscape Improvement Award for

Presented this day of October

CarusosHair Fashion was not present to receive this award

City of St Clair ShoresPROCLAMATION

HARPER AVENUE CORRIDOR IMPROVEMENT AUTHORITY

LANDSCAPE IMPROVEMENTAWARD SECOND PLACE

WOOD MASTERSKTCHENS

WHEREAS the Mayor and Council of the City of St Glair Shores deem it fitting and proper to publicly recognize the

outstanding efforts made by business owners along Harper Avenue who have improved the aesthetics of our Cityand

WHEREAS it is the motivation of the human spirit which enables man to enrich his life by improving his

surroundings and

WHEREAS WOOD MASTERSKTCHENS located at HARPER has displayed community spirit and a

willingness to enhance the beauty of theirproperty that demonstrates a strong sense of civicpride

NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of St Clair Shores on behalf of our

citizens deem it an honor and pleasure to extend our congratulations to WOOD MASTERSKTCHENS on receivingthe Harper Avenue Corridor Improvement Authority Landscape Improvement Award for

Presented this day of October

Wood Masters Kitchens was present to receive this award

City of St Clair ShoresPROCLAMATION

HARPER AVENUE CORRIDOR IMPROVEMENTAUTHORITY

LANDSCAPE IMPROVEMENT AWARD WINNER

SABBYSLOUNGE

WHEREAS fhe Mayor and Council of the City of Sf Clair Shores deem it fitting and proper to publicly recognize the

outstanding efforts made by business owners along Harper Avenue who have improved the aesthetics of our Cityand

WHEREAS it is the motivation of the human spirit which enables man to enrich his life by improving his

surroundings and

WHEREAS SABBYS LOUNGE located at HARPER has displayed community spirit and a willingness to

enhance the beauty of theirproperty that demonstrates a strong sense of civicpride

NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of St Clair Shores on behalf of our

citizens deem it an honor and pleasure to extend our congratulations to SABBYSLOUNGE on receiving the HarperAvenue Corridor ImprovementAuthority Landscape Improvement Award for

Presented this w day of October

Sabbys Lounge was not present to receive this award

Mile Road to Mile Road Recipients

City Council Meeting October Page of

a PROCLAMATIONS AND PRESENTATIONS Contd

City of St Clair Shores

PROCLAMATION

HARPER AVENUE CORRIDOR IMPROVEMENT AUTHORITY

LANDSCAPE IMPROVEMENT AWARD HONORABLE MENTION

BAGNASCO CALCATERRA FUNERAL HOME

WHEREAS the Mayor and Council of the City of St Clair Shores deem it fitting and proper to publicly recognize the

outstanding efforts made by business owners along Harper Avenue who have improved the aesthetics of our Cityand

WHEREAS it is the motivation of the human spirit which enables man to enrich his life by improving his

surroundings and

WHEREAS BAGNASCO CALCATERRA FUNERAL HOME located at HARPER has displayed communityspirit and a willingness to enhance the beauty of theirproperty that demonstrates a strong sense of civic pride

NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of St Clair Shores on behalf of our

citizens deem it an honor and pleasure to extend our congratulations to BAGNASCO CALCATERRA FUNERAL

HOME on receiving the HarperAvenue Corridor ImprovementAuthority Landscape Improvement Award for

Presented this day of October

Bagnasco Calcaterra was not present to receive this award

City of St Clair Shores

PROCLAMATIONHARPER AVENUE CORRIDOR IMPROVEMENTAUTHORITY

LANDSCAPE IMPROVEMENT AWARD SECOND PLACE

NINO SALVAGGIO

WHEREAS the Mayor and Council of the City of St Clair Shores deem it fitting and proper fo publicly recognize the

outstanding efforts made by business owners along Harper Avenue who have improved the aesthetics of our Cityand

WHEREAS it is the motivation of the human spirit which enables man to enrich his life by improving his

surroundings and

WHEREAS NINO SALVAGGIO located at HARPER has displayed community spirit and a willingness to

enhance the beauty of theirproperty that demonstrates a strong sense ofcivic pride

NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of St Clair Shores on behalf of our

citizens deem it an honor and pleasure to extend our congratulations to NINO SALVAGGIO on receiving the HarperAvenue Corridor ImprovementAuthority Landscape Improvement Award for

Presented this day of October

Nino Salvaggio was not present to receive this award

City of St Clair ShoresPROCLAMATION

HARPER AVENUE CORRIDOR IMPROVEMENT AUTHORITY

LANDSCAPE IMPROVEMENT AWARD AWARD WINNER

LAKELAND MANOR

WHEREAS the Mayor and Council of the City of St Clair Shores deem it fitting and proper to publicly recognize the

outstanding efforts made by business owners along Harper Avenue who have improved the aesthetics of our Cityand

City Council Meeting October Page of

a Proclamation to Lakeland Manor tContd

WHEREAS it is the motivation of the human spirit which enables man to enrich his life by improving his

surroundings and

WHEREAS LAKELAND MANOR located at HARPER has displayed community spirit and a willingness to

enhance the beauty of theirproperty that demonstrates a strong sense of civic pride

NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of St Clair Shores on behalf of our

citizens deem it an honor and pleasure to extend our congratulations to LAKELAND MANOR on receiving the

Harper Avenue Corridor Improvement Authority Landscape Improvement Award for

Presented this day of October

Lakeland Manor was not present to receive this award

MileRoad to Mile Road Recipients

City of St Clair Shores

PROCLAMATION

HARPER AVENUE CORRIDOR IMPROVEMENT AUTHORITY

LANDSCAPE IMPROVEMENT AWARD HONORABLE MENTION

MASONIC ARMS CONDOMINIUMS

WHEREAS the Mayor and Council of the City of St Clair Shores deem it fitting and proper to publicly recognize the

outstanding efforts made by business owners along Harper Avenue who Rave improved the aesthetics of our Cityand

WHEREAS it is the motivation of the human spirit which enables man to enrich his life by improving his

surroundings and

WHEREAS MASONIC ARMS CONDOMINIUMS located along HARPER has displayed community spirit and a

willingness to enhance the beauty of their property that demonstrates a strong sense of civic pride

NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of St Clair Shores on behalf of our

citizens deem it an honor and pleasure to extend our congratulations to MASONIC ARMS CONDOMINIUMS on

receiving the Harper Avenue Corridor Improvement Authority Landscape Improvement Award for

Presented this m day of October

Masonic Arms Condominiums was not present to receive this award

City of St Clair Shores

PROCLAMATIONHARPER AVENUE CORRIDOR IMPROVEMENT AUTHORITY

LANDSCAPE IMPROVEMENT AWARD SECOND PLACE

VAL MAR APARTMENTS

WHEREAS the Mayor and Council of the City of St Clair Shores deem it fitting and proper to publicly recognize the

outstanding efforts made by business owners along Harper Avenue who have improved the aesthetics of our Cityand

WHEREAS it is the motivation of the human spirit which enables man to enrich his life by improving his

surroundings and

WHEREAS VAL MAR APARTMENTS located at HARPER has displayed community spirit and a willingnessto enhance the beauty of theirproperty that demonstrates a strong sense of civic pride

NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of St Clair Shores on behalf of our

citizens deem it an honor and pleasure to extend our congratulations to VAL MAR APARTMENTS on receiving the

Harper Avenue Corridor Improvement Authority Landscape Improvement Award for

City Council Meeting October Page of

a Proclamation to Val Mar Apartments Contd

Presented this day of October

Val Mar Apartments was not present to receive this award

City of St Clair ShoresPROCLAMATION

HARPER AVENUE CORRIDOR IMPROVEMENT AUTHORITY

LANDSCAPE IMPROVEMENT AWARD WINNER

FME CREDIT UNION

WHEREAS the Mayor and Council of the City of St Clair Shores deem it fitting and proper to publicly recognize the

outstanding efforts made by business owners along Harper Avenue who have improved the aesthetics of our Cityand

WHEREAS it is the motivation of the human spirit which enables man to enrich his life by improving his

surroundings and

WHEREAS FME CREDIT UNION located at HARPER has displayed community spirit and a willingness to

enhance the beauty of their property that demonstrates a strong sense of civic pride

NOW THEREFORE BE IT RESOLVED that the Mayor and Council of the City of St Clair Shores on behalf of our

citizens deem it an honor and pleasure to extend our congratulations to FME CREDIT UNION on receiving the

HarperAvenue Corridor Improvement Authority Landscape Improvement Award for

Presented this day of October

FME Credit Union was not present to receive this award

b Presentation from thetDistrict Court Committee

Mayor Hison explained that this Committee was put together in midJuly of this year and that they have been meetingevery week He stated that they have been doing a great deal of review for the court system He also said that the needfor improvement of the Court building has been in discussion for years He stated that this presentation has been

brought to Council today to show the condition of the building and to emphasize why these recommendations are beingmade He pointed out that most residents have never been in this building and would be unaware of the condition it isin He then introduced two members of the District Court Committee

Mr Verlyn Rebelein a member of h District Court Building Committee spoke first He listed the members of the

Committee including Mr Joe Goerlich Ms Sharon Pine Ms Diane Muscato the Honorable Judge Fratarcangeli Ms

Carolyn Povich Mayor Hison and Mr Ben Hughes He also mentioned they have been assisted by Mr Chris Rayesand MrTim Haney Mr Rebelein then spoke about his own personal experience at the Court Building He talked about

how overly crowded the hallways were and how difficult it was for him to make his way through the crowd He said that

he noticed the lack of privacy for an attorney trying to meet with his client in the hallway because there was nowhere

else for them to meet He stated that the courtroom itself was full and a few of the people in the crowd had gotten

unruly He said that there was no security guard and there was not even room for one He said that when he had to

pay his fine there were two very long lines and again there was no privacy He went away that day feeling like we

should and could do better for our residents

Mr Rebelein said he was sharing his personal reallife experience as an example of what a relatively typical St Clair

Shores resident had gone through He then said that he joined the Committee and saw the rest of the building and

what he saw was far worse than the day he was there regarding his traffic offense He said that he and the other

Committee members have toured facilities in neighboring communities and spoke to their staff administrators and

judges to collect as much information as they could in regard to how their courts are set up

Mr Joe Goerlich a member of the h District Court Committee came to the podium and started out by giving some

history of the Court building He said it was built in the lates as a DPW building He stated it was renovated in the

latesand the court room was an addition

City Council Meeting October Page of

b Presentation from the th District Court Committee IContd

Mr Goerlich said that the building has had ongoing problems over the past few years including HVAC plumbing and

roof issues and they are constantly tripping electrical breakers He also mentioned that they were closed three times in

the past few years because of sewage backups He said that the sq tt building is not adequate for the current

workload and employee base He also pointed out that there is a big security problem even though metal detectors

were added He stated that having criminals victims visitors attorneys and families in a crowded hallway all at the

same time adds a security risk and privacy is also inadequate

Mr Goerlich then spoke about how small the designated record storage area is which has forced them to store records

all over the building He also pointed out the missing ceiling panels that had been removed due to moisture damagewhich has been a major problem in that area He then talked about a storage area outside of the building which looks

like a dumpster He said that any overFlow from the Court is stored in the basement of the City Hall He stated that the

probation area has virtually no privacy and he talked about the crowding in the cashierclerical area He said that the

only copy machine in the building is kept in the jury room and no one can make a copy when the jury is deliberating He

also said that there is no access to the jury room from the courtroom so the jury has to go through the hallway where

everybody is standing He said the lunchbreak room can fit about one quarter of the employees and that there are also

boxes stored there He also mentioned that prisoner transportation is just walking the prisoners across the street which

is actually a benefit

Mr Goerlich said that Court revenue to the City is approximately million average over the last five years He said

there is also a formula that the court administrator put into place to establish a building fund and there is approximatelymillion in that fund toward a new facility He said that the amount that goes into that fund is reduced by the rent

paid to the City each year which has recently increased to about a year

Mr Goerlich then outlined the four options that the Committee had proposed

Consolidate operations with another court There are obvious synergies to this Combining two or three courts

should save a lot of money in operating costs However it would most likely not be in St Clair Shores which means

we would lose the advantage of being a community court and we would incur prisoner costs Additionally no other

court around us was interested in doing this

Addition and complete renovation of the current building again There are some advantages to this such as usingthe current utility hook ups However the employees would have to be relocated for a minimum of to monthsand to do this another building would have to be renovated to meet the minimum requirements for a court we would

have to provide security and a place for the prisoners There would also be costs involved with moving employeesfrom location to location The building parameters could not be changed although it could be made more efficient

The estimated cost of all of this would approach the cost of a building a new building

Relocate to a different facility within St Clair Shores We could renovate another building and continue to operatewhile it is being renovated A building in decent shape would be a substantial cost One of the sites we looked at

was near a high school and we were reluctant to locate in the vicinity of a school Also a considerable amount of

money would still have to be spent

Build a new building This would be the best opportunity for an efFcient operation This would have substantial cost

efficiencies and it would enhance productivity New technology and security features could all be built as part of

the building instead of adding them to another building at more cost We feel the best location would be the

existing site at the west end The Court could still operate at the east end of the site and there would still be the

advantage of the location of the prisoner transport from Police Department The major downside duringconstruction would be parking

Mr Goerlich stated that whatever the decision is the committee recommends that this decision should not be put off any

longer He said that right now we are throwing good money after bad with the amount of attention the current buildingneeds He also said that the current cost for obtaining funds is probably the lowest it has been in a long time

Mr Rebelein stated that the Committeesrecommendation is to build a new building on the west side of the current site

of the Court building and the old building would be demolished to make room for parking upon completion of the

construction He also pointed out that this was a unanimous decision by the Committee

City Council Meeting October Page of

b Presentation from the th District Court Committee Contd

Mr Rebelein mentioned that the figures that were provided in the handouts do not match up on every page and theywere not intended to There are two different estimates from an architecture firm which are very rough estimates

These were done free and this firm was not experienced in court building design These costs also do not include

energy saving and innovative features including alternative energy etc

Mr Rebelein also said that the handouts contain projections of cash flow and ideas for proceeds of bonding we could

afford within the cash flow

Mr Rebelein summarized by saying it is very clear to everyone on the Committee that we need to do something sooner

rather than later and strongly encourage going with the Committeesrecommendations

Mayor Hison explained that this was not a study session He thanked the Committee for everything they have done He

then proposed that this be added to the City Council Agenda for October to set forth a direction for the next

steps to be taken

AUDIENCE PARTICIPATION ON AGENDA ITEMS MINUTE TIME LIMIT

Jim Goodfellow St Clair Shores resident Lakeland spoke regarding Agenda Items No and A

Regarding the Court he said it is time for a new building not a renovation and he gave two options His first option was

go to the west of the current building because we own one of the two homes west of there His second option was to

put it in the Police Department parking lot and move the police cars to the other side of Mile Road He said there

was a meeting of the subcommittee on the th and a meeting on the th to approve the meeting of the h He also

stated there was a meeting on the h with two council members and the th with two council members regarding the

Court He said that if he is wrong he will stand corrected He thinks there should be more transparency but that is his

own personal opinion He spoke regarding the purchase of the ambulance He then asked if it has cost us more money

by delaying this He asked if it has cost or more He said it should have been approved back

in April He stated that the City could have used money from each ambulance to pay the money back and the City and

Fire Department would have been much further ahead He said he would like to hear what the cost is

rFnnaunooQvcnirity ninviTn norre nornn rescheduled to

REQUEST TO AMEND THE SIGN ORDINANCE SECTIONS ADDITION OF LANGUAGE FOR

GRAND OPENING SIGNS

Mr Chris Rayes CDI Director requested to add new language to the grand opening sign ordinance He said that

they have looked at other ordinances and drafted this new one to make an opportunity for additional grand openingsignage He said that it will also allow for additional pennants and limited outside displays for a limited amount of

time outside of newly opened stores

Mayor Hison said that we have never had an ordinance on grand opening signage and asked Mr Rayes to outline

what a new business needs to do to when they want to use grand opening signage

Mr Rayes explained that this would be recorded through the Certificate of Occupancy and they would be notified at

that time that this could be done He said that currently any business can request signs twice a year for days at a

time which allows them days per year This ordinance would allow them an additional week as well as four

additional types of signage flags and pennants as long as it does not get too over the top

Mayor Hison asked him to identify the new choices and Mr Rayes listed pennants streamers and flags connected

to the building a cloth or heavy duty banner attached to the building where the banner attaches flat to the buildingitself which is currently allowed but only twice a year so this would be an additional one balloons and the outdoor

display of merchandise for sale He said that these are for the through B districts

Mr Rayes also indicated that this ordinance allows fora day period with two of the four choices being allowed

He also clarified that the kind of balloon allowed is a traditional type of balloon not for example a large gorilla which

is considered an inflatable Mayor Hison suggested that the difference between a balloon and inflatable should be

clarified

City Council Meeting October Page of

REQUEST TO AMEND THE SIGN ORDINANCE SECTIONS ADDITION OF LANGUAGE FOR

GRAND OPENING SIGNS Contd

Ms Rusie suggested that some wording be added to clarify that a grand opening sign does not require the bond

that is required for temporary signs

Mr Rubello said that he would like the inflatables limited to three days He thinks days is too long for inflatables

He also suggested that these be limited to within six months of the businessopening

Mr Rayes said that is why the language has tied the grand opening signage in with the Temporary or Certificate of

Occupancy He said that he does not think that there will be a problem but it will be readdressed if there is

Mr Rubello also said he would recommend taking out the wording regarding the provision of this ordinance will

expire December unless extended by Council Mr Rayes said this was done so that they canreevaluate this

ordinance at that time basically as a reminder

Mr Frederick said he agreed that the expiration provision should be taken out of the ordinance He would like to

have an update this time next year to see how the ordinance has been working He said he would also like to see

something in there regarding lighting for the signage as search lights etc He suggested that maybe there should be

a letter e that would encompass all other

Mr Rayes explained that they intentionally left out search lights because most businesses do not have the roam for

that type of light He said that he did not think it would be a problem and it could be left out

Mr Frederick asked if the sq ft limit was for all the banners or one banner Mr Rayes clarified it was for one

banner

Ms Rusie suggested postponing this issue until the Council Meeting of October so that Mr Rayes Mr Hughesand City Attorney Ihrie could make the necessary changes to the ordinance

Motion by Rusie seconded by Watby to POSTPONE this item unfit the October Council Meeting

Ayes All

Absent McFadyen

REQUEST FROM TWO COUNCIL MEMBERS TO CONSIDER AMENDING THE LIQUOR LICENSE

ORDINANCE SECTION bREDUCING THE RESTRICTIONS ON SEATING TO ALLOW FOR

LICENSES TO BE OFFERED WITH A INVESTMENT

Mayor Hison started out by saying that the reason for this request is because St Clair Shores will be losing two of

the seven unissued liquor licenses next year based on the results of the most recent census

Ms Kotowski explained that one onpremise license is issued for every residents and the population of St

Clair Shores has decreased to She said that currently the City has licenses and this will go down to

Mayor Hison asked Mr Ihrie to clarify if there is any way of not losing these two liquor licenses and Mr Ihrie said the

only way to not lose these would be to issue all seven of the licenses that are currently available

Mr Rubello stated that we currently have seven licenses available and we have to keep six licenses in reserve He

said that the Council made exceptions with three licenses almost two years ago because there were seating issues

which were keeping people from qualifying for the licenses so the seating qualification was lowered from to

He said the City planned to issue three licenses but only two were actually issued so there is one left He added

that the current amount that needs to be spent for a license is and he suggested that amount be reduced to

for that third license Although doing this will not help us keep those two licenses that we will lose next yearhe would still like to discuss the threshold

Mayor Hison asked Mr Ihrie about the timing on when this license needs to be issued and Mr Ihrie said that there is

no deadline for the use of the last remaining license that is not in reserve He explained that Council can revisit how

City Council Meeting October Page of

REQUEST FROM TWO COUNCIL MEMBERS TO CONSIDER AMENDING THE LIQUOR LICENSE

ORDINANCE SECTION bREDUCING THE RESTRICTIONS ON SEATING TO ALLOW FOR

LICENSES TO BE OFFERED WITH A INVESTMENT Contd

many licenses are kept in reserve for new businesses and the ordinance could be amended to state any number

they determine

Motion by Rubello seconded by Rubino to amend the Liquor License Ordinance Section

breducing the amount of money to be spent for a liquor license which reads as follows

LIQUOR LICENSE ORDINANCE Ord Effective March

The City of St Clair Shores ordains Ordinance Section b of its LiquorLicense Ordinance of its Code ofOrdinances which reads as follows

Applications for new licenseSec

Restrictions on licenses No license shall be issued to

A personcopartnership or corporation unless the premises of the proposed business

shall seat a minimum of persons This provision shall apply to newly issued quotalicenses onlyThe City Council may issue a license to an applicant who owns an existing business that

has fewer than the minimum seating requirement if all of the following conditions are met

a The City holds more than six unissued quota licensesb The petitioner has invested at least in the real property within the

months preceding the application or agrees to invest at least in the real

property within the monthsafter the granting of the license with approvedimprovement plans submitted with the application unless the buildingtenantspace wasconstructed within the previous ten years

c The establishment meets the current parking requirements City Council shall be

the body to grant a parking variance which shall be submitted with the applicationd The establishment has operated continuously for at least five years within the

City of St Clair Shorese The petitioner has at least five years experience as an owneroperator of a

restaurantf At least of usable restaurantbar floor space is devoted to dining as opposed

to barg Any other factors that City Council considers important to protect the health

safety and welfare of the City and its residents

SHALL BE AMENDED TO READ AS FOLLOWS

Applications for new licenseSec

Restrictions on licenses No license shall be issued to

A personcopartnership or corporation unless the premises of the proposed business

shall seat a minimum of persons This provision shall apply to newly issued quotalicenses onlyThe City Council may issue a license to an applicant who owns an existing business that

has fewer than the minimum seating requirement if all of the following conditions are met

a The City holds more than six unissued quota licenses

City Council Meeting October Page of

REQUEST FROM TWO COUNCIL MEMBERS TO CONSIDER AMENDING THE LIQUOR LICENSE

ORDINANCE SECTION bWHICH READS AS FOLLOWS REDUCING THE REAL

PROPERTY INVESTMENT FROM TO INVESTMENT Contd

b The petitioner has invested at least in the real property within the

months preceding the application or agrees to invest at least in the real

property within the monthsafter the granting of the license with approvedimprovement plans submitted with the application unless the buildingtenantspace was constructed within the previous ten years amended October

c The establishment meets the current parking requirements City Council shall be

the body to grant a parking variance which shall be submitted with the applicationd The establishment has operated continuously for at least five years within the

City of St Clair Shores

e The petitioner has at least five years experience as an owneroperator of a

restaurant

f At least of usable restaurantJbar floor space is devoted to dining as opposedto bar

g Any other factors that City Council considers important to protect the healthsafety and welfare of the City and its residents

ord eff March amend eff April amend eff October

Any ordinance or parts of any ordinance in conflict with any provisions of this ordinance are herebyrepealed

This ordinance shall be published by posting the same in three public places within the City of St Clair

Shores and the Clerk is hereby ordered to post the same upon the bulletin boards in the Police StationJefferson Avenue the Fire Hall Harper Avenue and the City Hall Jefferson Circle

Drive

STATE OF MICHIGAN

COUNTY OF MACOMBss

We hereby certifr that the foregoing ordinance is a true copy of an ordinance as enacted by the CityCouncil on the day of October and that the necessary Charter provisions have been observed

ROBERT A HISON MAYOR MARY A KOTOWSKI CITY CLERK

I Mary A Kotowski Clerk of the City of St Clair Shores hereby certify that the foregoing ordinance was

published by posting true copies of the same in each of the following places Police StationJefferson Avenue Fire Hall Harper Avenue and City Hall Jefferson Circle Drive on the hday of October

MARY A KOTOWSKI CITY CLERK

Ayes All

Absent McFadyen

RrTr AIlA PITV TrCAAD DADCI C Mflfl Dl DDAC ClDRICCGDCAdI AITLIa TV D cGVT V Oy vvrrr

Rescheduled to

City Council Meeting October Page of

BIDSCONTRACTSPURCHASEORDERS

a Award bid for one new emergency vehicle Horton Ambulance bids opened

Mr Hughes explained that as of October the City has had three ambulances operating from three fire stations

He said that this was done to increase revenue from ambulance runs as well as to maximize the use of the

firefighters that the City has on duty He stated that using three units means that all three vehicles are on active dutyevery day and the City requires a fourth ambulance in order to do this effectively He said that it was proposed in

May that a line item be included in the current yearbudget for another vehicle

Mr Hughes said that two out of the three ambulances have approximately miles He stated that this current

proposal is to purchase a demo Horton ambulance which was secured through the bid process He said that it was

proposed to supplement the in the General Fund budget with the remaining HUD funds and

the remaining in the Foreclosed Home account so the full would not have to be used and the

unused general fund money could be returned to the rainy day fund

Chief George Morehouse said that this bid was posted in MITIV and bidders reviewed the documents out of

companies

Mayor Hison said that they were able to narrow down the choice to three bids although none of the bids exactlymet the specifications of what was proposed

Chief Morehouse explained that Battalion Chief Witt and EMS Coordinator Saville spent several hours going overthe

bids and compared them to see which would come the closest to accommodating the equipment that is currentlybeing used He said that they looked through the bids and were able to narrow it down to the three vehicles that

could meet their specific needs

Mayor Hison stated that the recommended unit is not brand new and that it is a demo with mileshours on it Chief

Morehouse said that a brand new unit would cost approximately and he pointed out that the cabinetry and

accessibility on the recommended vehicle mirrors what is currently being used on the fleet

Mr Smith added that the manufacturers warranty will be a full warranty and there will not be an offset because of

the mileshours already on this vehicle

Mayor Hison asked when this vehicle would be available and Chief Morehouse said it would be ready in four weeks

versus the days that it would take to obtain a new vehicle Chief Morehouse also stated that the ambulance that

was originally selected was sold because the decision was delayed

Mr Rubello asked why the City needs a fourth ambulance and why it is needed right now

Mr Smith indicated that two of the vehicles have over miles with two operating on a daily basis for justunder a year He said that only two ambulances can be run when one unit breaks down which has happenedtimes over the last year He also said that maintenance has to be handled carefully He said that the goal is for the

new vehicle to be a front line ambulance and the two older vehicles will be rotated as backup He also said that if

these vehicles are maintained properly they will probably be good for miles He made the point that we do

not want to be operating front line equipment with that kind of mileage

Ms Rusie questioned if we would be running four ambulances and Mr Smith clarified that there would only be three

ambulances on the road unless there were extreme circumstances such as some type of catastrophe

Ms Rusie went through a list of questions that Mr Smith had answered for her prior to the Council meeting She

pointed out that the City has lost in revenue by receiving medical mutual aid from neighboring cities duringthe past year and questioned why we want to spend to be guaranteed that revenue Mr Smith

expiained that this was not just about dollars and cents He said that it has to do with effectively running three

ambulances When the City ran two ambulances there were three on the fleet so there was one for back up He

said they want to run this the same way with three ambulances and have a fourth for backup

Chief Morehouse added that response time to emergencies has increased substantially by having three ambulances

strategically placed throughout the City

City Council Meeting October Page of

a Award bid for one new emeraencv vehicle Horton Ambulance bids opened Contd

Ms Rusie then questioned why the City had not run three ambulances before October and Mr Smith

explained that this was not done prior to October because the Collective Bargaining Agreement before Aprilwould not allow the City to run three ambulances and the contract has been modified so now this can be done

Ms Rusie said that she would rather fully fund the purchase of the ambulance rather than going with the

recommendation to use money from the HUD fund and the Foreclosed Home fund Mr Hughes said that if the

Council chooses to use the budgeted for the purchase of the vehicle he has no objection He said that he

was just trying to provide some alternatives to using the rainy day fund

Ms Rusie stated that this is a big decision with big consequences and that this is not how Council had agreed to do

it She said that she would like to wait another month until there are three to four new people on Council to make

this decision

Mayor Hison stated that this request was approved by this Council in the budget for and he was emphaticthat the decision needs to be made now He said that the opportunity to purchase one vehicle was already lost due

to waiting and the price difference could be as much as if it becomes necessary to purchase a new

ambulance He said that to utilize the other funds at this time would be a good trade if we have nothing else to use

the money for because it would reduce the amount to be taken out of the general fund by

Mr Hughes said that there is nothing at the staff level immediately identified He said that there has been talk about

a possible skate park and was put in reserve for that He stated that we have satisfied all of the items that

were generated in February and there are no other immediate needs

Mayor Hison said that he is totally in favor that the City should move forward on this right away

Mr Frederick said that he is in favor of doing this as well He said that there would be less reliance on other citiestherefore we would be giving less revenue to other cities He said that he would not want to risk the in

yearly revenue by losing an ambulance He pointed out that the personnel at the fire station would be doing more

work and so we would be getting more work for the money He agreed about the importance of the decrease in

response time because of the strategic placement of the ambulances He said that most importantly he believes that

the residents want this He thinks they want to have the best opportunity to be taken to the hospital and not have to

wait for Roseville or Eastpointe to show up

Mr Rubino asked for an explanation about what happens when one ambulance breaks down Chief Morehouse said

that when one ambulance breaks down the ambulance from the central station is removed and ambulances respondfrom the north and south ends

Mr Rubino also asked what would happen if the north end ambulance is on a run and someone on the north end

needs an ambulance Mr Smith explained that the south end ambulance would have to respond but the engine from

the north end would respond and all engines are outfitted with full paramedic gear but they cannot transport He did

point out that this causes more wear and tear on the larger piece of equipment

Mr Rubino asked what the staff from the central station does when the ambulance is down Mr Smith explainedthat they are manning the engine He said that we went to twoman engines but it is preferable to have threeman

engines so the extra men can man the engines at that time

Mr Rubino did say that by using the other funds available it would be a positive not to have to take money out of the

rainy day fund

Mr Rubino did question the safety of having two vehicles with over miles each Mr Smith responded that is

why it is important to get this fourth ambulance and provide the older vehicles with the proper maintenance and

spread out the wear and tear

Ms Rusie pointed out some language in a petition that was pre when there were only two ambulances beingrun

Mr Walby said that we put in the budget for this purchase but we are constantly trying to be more efficientand he said he thinks that using the HUD fund and the Foreclosure money is a good idea He pointed out that

City Council Meeting October Page of

a Award bid for one new emeraencv vehicle Horton Ambulance bids opened Contd

the City was short in July but we have been able to continue to drive that amount down He said that this

is how we continue to keep St Clair Shores strong and he thinks it is a good idea He stated that this was the whole

idea of getting involved with the HUD homes and foreclosures

Motion by Fredrick seconded by Walby to award the bid to Horton Emergency Vehicles for the purchase of

one ambulance at a total cost of from the Motor Pool capital account from HUD

account and from Foreclosed Home Sales account

Ayes Hison Frederick Rubello Rubino and WalbyNay Rusie

Absent McFadyen

b rescheduled to

c Request to approve Tree Trimming Services Contract bids opened

Mr Hughes explained that one of the highest requests received at City Hall is for tree trimming and tree removal

service He said that this is an important constituent issue and there is a significant backlog at this time He stated

that there is currently athreeperson forestry crew dedicated when available to tree issues He did point out that

they do have other DPW assignments such as snow removal and patching pot holes He said that the City is at a

point where there are approximately trees that need trimming and over trees that need to be removed He

said that they have solicited requests for bids to supplement this work because of the backlog Funding would come

out of the existing Streets budget so there would not be a quarterly budget amendment required

Bryan Babcock DPW Director said that it is not feasible to expect the threeperson crew to keep up with the trees

that need to be trimmed He said that there are currently tree trimming requests that have been called in and

that does not include general maintenance He stated that last winter when they could have been trimming trees

they were out cold patching Little Mack In the summer it usually takes one to two weeks to clean up after a storm

Mayor Hison asked Mr Babcock to clarify that this contract would be through June d for this budget year only He

also asked if Wonsey Tree Service currently works for the City Mr Babcock said that the timing is correct and that

Wonsey Tree Service currently does work for the City including stump removal as well as removal of trees on the

streets that need to be paved He said that they have done a great job and they are always safe

Mayor Hison said that their bid was almost half of the other bids and wanted to know if this was realistic He pointedout that the City could only spend up to the in the Streets budget Mr Babcock agreed that the bid was verylow but said that he had double checked with Wonsey Tree Service about their pricing He said that he felt that the

bid should get us through the winter

Mr Walby asked if this work will be spread out throughout the whole City and he asked how close this would get the

City to being caught up Mr Babcock said that this work would be spread throughout the City based on the areas

with the most requests and he estimated that this should get the City to about percent caught up with the

requests

Mr Walby suggested that since the pricing is so good maybe next budget time next May amultiyearcontract could

be considered

Mayor Hison suggested that maybe they could extend their estimate for an additional year or until we get caught up

Mr Frederick asked where Wonsey Tree Service stores their equipment since they are from Almont Michigan Mr

Babcock explained that their offices are in Almont but they store their equipment in the City of Berkley DPW yard

Mr Rubello asked if Mr Babcock was sure about these prices and Mr Babcock assured him he double checked the

prices

Ms Rusie asked if there was put into the Streets account this year from Community Block Grants and Mr

Rayes confirmed that the net effect was

City Council Meeting October Page of

c Request to approve Tree Trimming Services Contract bids opened Contd

Mayor Hison suggested that we follow up with the other cities in our area that use Wonsey Tree Service to check on

their rates

Mr Rubino asked if this charge was per branch or per tree and he asked if we will follow up on their work Mr

Babcock said that the cost is per tree not per branch and that someone will be working with them in the beginning

Motion by Rubello seconded by Rubino to Award blanket purchase order for Tree TrimmingServices to Wonsey Tree Service Inc through June in the amount of

Ayes All

Absent McFadyen

d Request to approve Annual Blanket Purchase Order for the Purchase of Water Meters

Mr Babcock explained that that this is an annual request and that currently old meters are being replaced by new

meters under the following circumstances When our readers are unable to read a meter If a resident

requests a final meter reading to sell their home If service is requested on the meter for any reason it is

replaced

Mayor Hison said that this is a blanket order for the single source vendor that we have been using Mr Babcock said

that we have been with this company at least years He also said that there are no other vendors around that do

this He said it was put out for bid three to four years ago and that there was only one bid received He said that he

has researched the cost and found that we are paying the lowest amount for water meters than anybody else in the

State

Mr Rubino asked if there is a policy in effect to catch slow meters that have caused water bills to be unusually high

Mr Smith explained that the current policy is to look for a meter that has not moved in two read cycles which is six

months other than the winter months because of the snow birds and they will send a unit estimate because the

ORD has probably stopped functioning He said that the resident would then call in and they would schedule

replacing their meter at that time

Mr Rubino said that he did not think that sending out a unit estimate was a good enough solution He said that

surprises could be eliminated if we take a closer look at this issue

Mr Walby asked about the commercial meters well meters and pit meters and what is the anticipated timing for

completing the whole City Mr Babcock said that water meters have been changed which is approximatelypercent of the City Mr Smith estimated that within five to eight years percent of the meters will be replaced Mr

Walby said that he would like to come up with a way to move this along because five to eight years is too long and

that three to five years would be more reasonable

Mr Smith said that this will probably have to go back before Council with modifications to this plan because there is

not enough Working Capital to do the whole project He did say that once there are radio reads on all of the houses

in the City we can go to monthly billing

Mayor Hison explained that with the radio reads unusual spikes can be identified much more quickly We cannot do

this currently with the manpower we have but we can do it with the programs once the radio reads are installed

Mr Walby asked how long it will take to get more information on this and Mr Smith said that he should be able to

come back with a plan within to days

Mr Frederick wanted to clarify that all the meters being used are radio reads so we are working toward the future

He asked at what point could people start getting their water bills monthly and suggested that this could be used as

an incentive to residents to get these meters replaced Mr Smith said that is something we can address after

analysis in to days He also said that bills are still being sent out quarterly

Mr Rubello asked how much postage would cost to send out monthly bills Mr Smith said it would be approximatelya month

City Council Meeting October Page of

d Request to approve Annual Blanket Purchase Order for the Purchase of Water Meters Contd

Motion by Walby seconded by Rubino to Award blanket purchase order for the purchase of water

meters to SLC Meter Services Inc through June in the amount of

Ayes All

Absent McFadyen

e Renewal of wide area network and internet for City Network

Mr Hughes explained that the City currently has a five year contract with a vendor to provide wide area network for

various City buildings and this contract is expiring He said that Mr Corless IT Director solicited bids for a new

contract as well as to lower the length of the contract to three years He also said that under the bid by Comcast we

are increasing the internet bandwidth from mbps to mbps Mr Corless explained that this would be shared

throughout the City and that they would be lowering the rate

Motion by Rubello seconded by Rubino to approve athreeyear Renewal of Wide Area Network and Internet

for City Network with an increase of internet bandwidth from mbps to mbps at a monthly recurring cost

of

Ayes All

Absent McFadyen

CONSENT AGENDA Items shall be considered without debate by motion and vote of Council unless a

member of Council specifically requests action taken separately on said item

Ms Rusie requested that Item f be separate

Motion by Walby seconded by Rubino to approve the Consent Agenda items a e and h separatingfwhich include the following

a Bills

October

To approve the release of checks in the amount of of the report that is pages in length and

of the grand total amount of went to other taxing authorities

b Fees None

c Progress Payments

Bricco Excavating Co LLCBlade Action Inc

d Approval of Minutes

City Council Meeting Date

GitrSeansil d

e Receive File Boards Commissions Committee Minutes

To receive and file the following minutes

Minutes

Communications Commission Meeting Minutes

Fence Arbitration Board

Golf Course Committee

Older Persons Advisory Committee

Meeting Date

AprilAugustJulyMay

City Council Meeting October Page of

e Receive File Boards Commissions Committee Minutes IContd

Older Persons Advisory Committee June

EderRersansAdoeGemmittee oeF

Public Library Board August

h Receive and deny claim of Catherine Spadafora vs City of St Clair Shores and refer to the CityAttorney for response

Ayes All

Absent McFadyen

f Separated item Request for approval of City Manager one year contract

Motion by Walby seconded by Rubino to approve the City Manager one year contract

Ayes Hison Frederick Rubello Rubino and WalbyNay Rusie

Absent McFadyen

UPDATES AND FOLLOWUPSFROM COUNCIL MEETING

PCB We continue to see email from EPA in Chicago We are in a waiting pattern for final results from the EPA

Mr Hughes and Mr Babcock plan to go to Chicago in November for an update

Harper Avenue Mile to Mile They had hoped to pave on Saturday and Sunday but because of the rain theycould only pave on Sunday They completed one northbound lane and plan to have all of asphalt down by the end of

the week They have a target date of October for completion

Little Mack Little Mack is now open One northbound lane is closed for restoration

Ridaeway Jefferson Property Status Update Two of three homes have been scheduled for demolition and the

process continues There was not an exact demolition date Regarding the asphalt and concrete on the Jefferson

property the last report said we are waiting on environmental consultant evaluation of a previous environmental

report which should be available shortly That report will be factored in by City administration in assisting in a

determination on what to do about the asphalt and concrete The City has certain rights not necessarily obligationto demolish that

COMMENTS BY INDIVIDUAL COUNCILPERSONS

Council Member Walby said that he has noticed pink spray paint on Little Mack and that they are cutting out

sections and he asked if there is a problem Mr Rayes said that there are some pops in the concrete from clay and

some cracking near Mile possibly from the paving machine being transported over that area and that these spotsare being fixed He said that he does not believe that these are major problems

Mr Walby also said that he thinks the gas station on Harper which was a Marathon looks like a ghetto and we

have to do something about that It is not acceptable to leave it like that Mr Rayes said that he has sent his staff

out to follow up on this

Council Member Frederick said that on October it will be Halloween in the Park which is run by the Activities

Committee Children less than years old attend pmto pmand the special needs children will be there from

Noon to pm The Activities Committee is looking for vendors and they should be set up by am He also

extended his condolences to Blair Gilbert for the loss of his mother Lastly he said thank you to the Court

Committee and Mayor Hison and told them that they have done a great job

Council Member Rubello passed

City Council Meeting October Page of

COMMENTS BY INDIVIDUAL COUNCILPERSONS Contd

MrIhrie announced that there is an Oktoberfest to be held at St Isaac Jogues this Friday from pmto Midnightand Saturday from am to Midnight There will be beer food live music a Vegas tent games and rides forkids

and a rafFle The Sun Messengers will be playing on Friday and the Superstars of Rock will be playing on

Saturday

Council Member Rusie passed

Council Member Rubino asked if Boston is done Mr Rayes said that it is not done because of the rain

Manor Hison announced that the last day to register to vote is October He also announced that October is the

St Clair Shores Fire Departments Fire Prevention Week Open House at the Central Fire Station Harperfrom Noon to pm There will be many things for kids and adults He also announced the Assumption Church will

be having a Senior Expo on Thursday Oct from am to at the Assumption Cultural Center on Marter

Road The guest speaker will be Chuck Gaidica

CITY MANAGERSREPORT None

AUDIENCE PARTICIPATION minute time limit

Jamie Victory St Clair Shores resident spoke about a Classic Car Show to be held on Sunday October at the Bruce

Post located at Jefferson in St Clair Shores He said that anyone with a hot rod or show car should feel free to

come up to the show He stated that there is a fee to show a car He said that he will be there with his car White

Lightning and he would like to be considered for a special plaque to recognize all of his hard work

Roger Reichenbach St Clair Shores resident stared out by complimenting our EMS service He said that seven daysago a friend of his passed away and our EMS personnel were very text book and right on top of things really good He

wants to impress how important it is to track blood pressure and how easy it is to track He thought it would be a goodidea to volunteer to check blood pressure He would suggest that the City consider asking Fire and EMS workers to getthe flu shot He thanked all the council members for serving He then thanked Mr Rubello for what he has done and

that he was proud to see him with his son

REQUEST TO ENTER CLOSED SESSION AS PERMITTED BY STATE STATUTE MCLA SECTIONc

Motion by Rubino seconded by Rusie to enter Closed Session at pmas permitted by state statute MCLA

section c

A roll call vote was taken

Ayes AltAbsent McFadyen

Motion by Rubino seconded by Frederick to return to Open Session at pm

Ayes All

Absent McFadyen

ADJOURNMENT

Motion by Frederick seconded by Rusie to adjourn at pm

Ayes All

Absent McFadyen

THE PRECEDING MINUTES ARE A SYNOPSIS OF A CITY COUNCIL MEETING AND DO NOT REPRESENT A

VERBATIM RECORD

ROBERT A HISON MAYOR MARY KOTOWSKI CITY CLERK

City Council Meeting October Page of

PROPOSED MINUTESST CLAIR SHORES CITY COUNCIL MEETING

OCTOBER

Regular Meeting of the City Council held in the Council Chambers located at Jefferson Circle Dr St Clair

Shores Michigan

Present Mayor Hison Council Members Frederick Rubello Rubino Rusie and Walby

Absent Excused Council Member McFadyen

Also Present City Manager Hughes City Clerk Kotowski Directors Babcock and Smith Police Chief

Walleman City Planner Koto and City Attorney Ihrie

CALL TO ORDER ROLL CALL AND PLEDGE OF ALLEGIANCE

Mayor Hison called the meeting to order at pmMs Kotowski City Clerk noted that Ms McFadyen asked to be

excused and called the role with a quorum present The Pledge of Allegiance was recited by those in attendance

Motion by Frederick seconded by Walby to excuse Council Member McFadyen from this evenings meeting

Ayes AllAbsent McFadyen

PROCLAMATIONS PRESENTATIONS None

AUDIENCE PARTICIPATION ON AGENDA ITEMS MINUTE LIMIT

Jim Goodfellow St Clair Shores resident spoke on agenda item He hopes that Biggby Coffee is approved and

that they will get together with neighboring businesses and put up a sculpture On agenda item he discussed

various per square footage costs of renovating court buildings in other cities He thanked Mayor Hison and Councilmembers Rubello and McFadyen for their years of service

Dan Bohn St Clair Shores resident spoke on agenda item where he suggested this issue be tabled until after the

election

Jack Doerr St Clair Shores resident spoke on agenda item he expressed concern about paying experiencedpolice employees to retire after passing a millage to keep them

Chris Vitale St Clair Shores resident spoke on agenda item and he stated that since our police officers must take

people to court for arraignments the proposed plan does not address problems that could arise He feels that

Mile Road Jefferson is a valuable piece of property and that using this location as a court building does not use the

lands sale value which would bring decades of property tax value

Donald Wheaton St Clair Shores resident spoke on agenda item he commented that the h District court is

inadequate He is a practicing attorney and there is nowhere in the court building to have a quiet confidential and

privileged conversation with his clients He said that other cities with new courts have combined police and court

buildings

REQUEST FOR SITE PLAN APPROVAL FOR PROPOSED NEW COMMERCIAL BUILDING FOR

BIGGBY COFFEE AT HARPER BY STOCKY AND VITALE ARCHITECTS PPC

John Vitale Stucky Vitale Architects presented the rendering for a new structure at Mile Road Harper MayorHison asked what the hours of operation will be Mr Vitale said approximately am to pm He added

that they are proposing a wall to screen the adjoining property The alley will be repaved and there will be outdoor

seating Mr Rubello commented that this area has been an eyesore and he is glad to see a project like this Mr

Vitale reported that the environmental issue has been cleared He said there is a solid step down wall that

approaches Mile Road for visibilitysafety Mayor Hison stated that the hours of operation must not exceed

am to pm

Motion by Rubello seconded by Frederick to approve the request for Site Plan Approval PPC for proposed new

commercial building for Biggby Coffee at Harper as recommended by the Planning Commission and subject to

City Council Meeting October Page of

REQUEST FOR SITE PLAN APPROVAL FOR PROPOSED NEW COMMERCIAL BUILDING FORBIGGBY COFFEE AT HARPER BY STUCKY AND VITALE ARCHITECTS PPC contd

the conditions of the City Planners report including A ft poured in place or panel system wall be

installed along the west of the property and alley as proposed The wall is required to step down from ft

to ft over the course of the last ft nearest MileRoad Engineer drawings showing pavementsections and drainage including paving the alley are to be submitted and approved before the parking lot is

installed All lighting whether on the building or within the parking lot must be shielded from neighborsand must die at the property line All lighting is required to be the city nautical standard lights All

landscape areas are to contain underground sprinkling and the sprinkling system must be maintained

annually The outdoor seating area must be screened with brickand decorative wrought iron fencing per

the Harper Overlay Zone All mechanical equipment must be properly screened The area currentlyproposed to be concrete block will be changed to brick or stone as concrete block is not allowed as a

finished material Sign permits must be obtained for all signage and approved prior to installation and

no signage is permitted within any required setback hours of operation am to pmdaily The

Planning Commission and City Council understand that your presence here tonight constitutes that you are

a legal representative of the petitioner for Planning Case PPC Each statement of intent promiseandorpledge made by you the petitioner oragent either orally or in writing if permitted by Ordinance

shall be binding upon the petitioner and shall be a condition of said site plan approval

Ayes All

Absent McFadyen

REQUEST TO AMEND THE SIGN ORDINANCE SECTIONS ADDITION OF LANGUAGE FOR

GRAND OPENING SIGNS POSTPONED FROM

Ms Koto stated that all changes previously requested have been incorporated Mr Rubello stated that the changesare good Mayor Hison stated in certain commercial parcels searchlights are not possible He would like this new

ordinance broadcast city wide Ms Koto said it wilt be added to the Certificate of Occupancy form

Motion by Rubello seconded by Rubino to approve a request to amend the sign ordinance for grandopening signs which reads as follows

SIGN LIGHTING AND DISPLAY ORDINANCE CITY OF ST CLAIR SHORES MICHIGAN ChapEffective April

The City of St Clair Shores ordains Ordinance Sections of its Sign Ordinance of its Code of Ordinanceswhich reads as follows

Definitions

Sec For the purpose of this Ordinance the following definitions shall govern the meaning of the terms used

Shall be amended by the addition of a new Definition for Grand Opening Signs and Displays which reads as

follows

Secfion add new Definition

Grand Openina Sians and Displavs a special sian or disnlav to advertise the Grand Openina of a business

after the temporary orpermanent certificate of occupancyhas been issued A Grand openina is a onetime

event subject to the reaulations of Section XN amend eff October

General limitations and provisionsSec

B Prohibited signs The following signs shall not be permitted or erected in any district

Signs which have flashing blinking or moving lights or exposed incandescent light bulbs This shall

include strobe lights which are wholly located inside a building which are visible to the public outside the

premises and are intended to attract the attention of persons not on the premises

City Council Meeting October Page of

REQUEST TO AMEND THE SIGN ORDINANCE SECTIONS ADDITION OF LANGUAGE FOR

GRAND OPENING SIGNS POSTPONED FROM contd

Cloth and banner signs pennants spinners and paper festoon signs except as permitted in

Section Fherein

String lights used for commercial purposes other than Christmas or other decorations

Any sign which has any visible moving parts visible revolving parts visible mechanical movement

of any description or other apparent visible movement achieved by electrical electronic or mechanical

means including intermittent electrical pulsations or by action of normal wind current except timetemperature and stock market signs as provided in Section and as provided in Section

J

Any sign or sign structure which is structurally unsafe or constitutes a hazard to safety or health byreason of inadequate maintenance dilapidation or abandonment or is not kept in good repair or is capableof causing electrical shockto persons likely to come in contact with it

Any sign which obstructs a window door or other opening that could be used for fire escape

Any sign which makes use of the words Stop Look or Danger or any other words phrasessymbols or characters in such a manner as to interfere with mislead or confuse traffic

Any sign or other advertising structure containing obscene indecent or immoral matter

Any sign unlawfully installed erected or maintained

Any sign now or hereafter existing which no longer advertises a bona fide business conducted or

product sold

Any sign attached to a standpipe gutter drain or fire escape or any sign erected so as to impairaccess to a roof

Any sign that would project above the parapet line of any roof except as permitted in SectionJ and as permitted with ground or freestanding signs

Projecting or overhanging signs except as defined in Section Land permitted wall

signs which may project up to twelve inches from the face of the wall

Any sign which is attached to a tree fence or utility polePortable or temporary signs except as specifically provided for in this Ordinance

Signs painted on or attached to a parked vehicle truck trailer or van which is being used

principally for advertising purposes rather than for transportation purposes This restriction shall not apply to

permitted temporary truckload salesRoof signsAny other sign not specifically authorized by this Ordinance

Signs on street furniture such as benches newspaper stands and trash receptacles

Shall be amended as follows

B Prohibited signs The following signs shalt not be permitted or erected in any district

Signs which have flashing blinking or moving lights or expose incandescent light bulbs This shall

include strobe lights which are wholly located inside a building which are visible to the public outside the

premises and are intended to attract the attention of persons not on the premisesCloth and banner signs pennants spinners and paper festoon signs except as permitted in

SectionjG herein amend eff October

String lights used for commercial purposes other than Christmas or other decorations

Any sign which has any visible moving parts visible revolving parts visible mechanical movement

of any description or other apparent visible movement achieved by electrical electronic or mechanicalmeans including intermittent electrical pulsations or by action of normal wind current except time

temperature and stock market signs as provided in Section and as provided in Section

J

Any sign or sign structure which is structurally unsafe or constitutes a hazard to safety or health byreason of inadequate maintenance dilapidation or abandonment or is not kept in good repair or is capableof causing electrical shock to persons likely to come in contact with it

Any sign which obstructs a window door or other opening that could be used for fire escape

Any sign which makes use of the words Stop Look or Danger or any other words phrasessymbols or characters in such a manner as to interfere with mislead or confuse traffic

Any sign or other advertising structure containing obscene indecent or immoral matter

Any sign unlawfully installed erected or maintained

Any sign now or hereafter existing which no longer advertises a bona fide business conducted or

product sold

Any sign attached to a standpipe gutter drain or fire escape or any sign erected so as to impairaccess to a roof

City Council Meeting October Page of

REQUEST TO AMEND THE SIGN ORDINANCE SECTIONS ADDITION OF LANGUAGE FORGRAND OPENING SIGNS POSTPONED FROM contd

Any sign that would project above the parapet line of any roof except as permitted in SectionJ and as permitted with ground or freestanding signs

Projecting or overhanging signs except as defined in Section Land permitted wall

signs which may project up to twelve inches from the face of the wall

Any sign which is attached to a tree fence or utility polePortable or temporary signs except as specifically provided for in this Ordinance

Signs painted on or attached to a parked vehicle truck trailer or van which is being used

principally for advertising purposes rather thanfor transportation purposes This restriction shall

not apply to permitted temporary truckload salesRoof signsAny other sign not specifically authorized by this Ordinance

Signs on street furniture such as benches newspaper stands and trash receptacles

General limitations and provisionsSecShall be amended by the addition of a NEW ITEM N as follows

N Grand Opening Signs and Displavs as defined in Section lpshall bepermitted subject to the

following regulations

Grand Opening Signs and Displavs shall be limited to a single day consecutive periodas

permitted by the receiat of either the temporary or permanent certificate of occupancy

L Grand Opening Signs and Displavs shall be limited to a selection of two of the following

elements

a

b

c

de

of days at approval Such lighting shall notbe permitted duringnonbusiness

hours In no instance shall the operation of advertising search lights be permittedbetween pm and sunrise Applicants must demonstrate that such lightingwill not project onto adjacent residential property and as such it shall besetback a

minimum of feet from a residential property linef Outdoor display limited to retail merchandise available for purchase at the

business Grand Opening Displavs are temporary and shall not alter the

reauirement for complete enclosure of goods in the business districts

Grand Opening Signs and Displavs shall not interfere with the view access to oruse of adjacent

propertiesDisplavs shall be properly maintained and be secured within the business property and shall not

extend orproject onto any public right of waypublic or adjacent private propertyMerchandise display shall be limited to no more than percent of the applicantsbuildingfrontage

Grand Opening Display hours shall be limited to regular operating hours of the business and

shall be stored inside after hoursGrand Opening Signs and Displavs in violation of this section shall result in the immediate

removal of the display and termination of the Grand Opening event

chap eff Apr amend eff July further amend eff Apr eff Sept amends

eff June adopted July eff Mar May amend eff Mar amend eff

Office and commercial district signsSec The following signs shall be permitted in all districts zoned for office or commercial uses including those

districts zoned O CR BBBWM RFand P

City Council Meeting October Page of

Pennants Streamers or flaps connected to the building

Cloth orheavy duty bannerattached to the building where the banner lies flat

REQUEST TO AMEND THE SIGN ORDINANCE SECTIONS ADDITION OF LANGUAGE FOR

GRAND OPENING SIGNS POSTPONED FROM contd

G Cloth and banner signs Temporary cloth and banner signs shall be permitted in commercial districts subjectto the following controls

Duration Temporary cloth and banner signs shall be erected for no longer than thirty daysDamaged signs shall be removed or repaired immediatelyArea Such signs shall not exceed fortyeight square feet in area

Number One temporary cloth or banner sign shall be permitted per street frontageLocation No such sign shall extend beyond the building line or into a public rightofway or obstruct

points of escape from buildings or structuresIllumination Cloth or banner signs shall not be purposely illuminatedBond Permits for temporary cloth or banner signs may be obtained from the Building Official A

cash bond or of fifty dollars dollars shall be posted with the Building Official with each

temporary sign application The cash bond shall be released to the applicant upon removal of the

temporary sign in compliance with the time stated on the application

chap eff Apr amend eff July further amend eff Sept Sept Feb

adopted July eff Mar May amend eff Mar

Shall be amended as follows

Office and commercial district signsSec The following signs shall be permitted in all districts zoned for office or commercial uses including those

districts zoned O CR BBB WM RFand P

G Cloth and banner signs Temporary cloth and banner signs shall be permitted in commercial districts subjectto the following controls

Duration Temporary cloth and banner signs shall be erected for no longer than thirty daysDamaged signs shall be removed or repaired immediately Grand Opening cloth and banner

signs shall be subject to the duration restrictions of Section N amend eff Oct

Area Such signs shall not exceed fortyeight square feet in area

Number One temporary cloth or banner sign shall be permitted per street frontageLocation No such sign shall extend beyond the building line or into a public rightofway or obstruct

points of escape from buildings or structuresIllumination Cloth or banner signs shall not be purposely illuminated

Bond Permits for temporary cloth or banner signs may be obtained from the Building Official A

cash bond or ofJ fifty dollars dollars shall be posted with the Building Official with each

temporary sign application The cash bond shall be released to the applicant upon removal of the

temporary sign in compliance with the time stated on the application

Office and commercial district signsSec The following signs shall be permitted in all districts zoned for office or commercial uses including those

districts zoned CR BBBWM RFand P

Shall be amended by the addition of a new item P as follows

P Grand Opening Signs and Displays shall be permitted subject to the regulations set forth in Section

LN amend eK October

chap eff Apr amend eff July further amend eff Sept Sept Feb

adopted July eff Mar May amend eff Mar amend eff October

Any ordinance or parts of any ordinance in conflict with any provisions of this ordinance are hereby repealed

This ordinance shall be published by posting the same in three public places within the City of St Clair Shores

and the Clerk is hereby ordered to post the same upon the bulletin boards in the Police Station Jefferson

Avenue the Fire Hall Harper Avenue and the City Hall Jefferson Circle Drive

City Council Meeting October Page of

REQUEST TO AMEND THE SIGN ORDINANCE SECTIONS ADDITION OF LANGUAGE FOR

GRAND OPENING SIGNS POSTPONED FROM contd

STATE OF MICHIGAN

ss

COUNTY OF MACOMBWe hereby certify that the foregoing ordinance is a true copy of an ordinance as enacted by the City Council on the

th day of October and that the necessary Charter provisions have been observed

ROBERT A HISON MAYOR MARY A KOTOWSKI CITY CLERK

I MaryA Kotowski Clerk of the City of St Clair Shores hereby certify that the foregoing ordinance was published byposting true copies of the same in each of the following places Police Station Jefferson Avenue Fire Hall

Harper Avenue and City Hall Jefferson Circle Drive on the day of October

MARY A KOTOWSKI CITY CLERK

Ayes All

Absent McFadyen

THDISTRICT COURT COMMITTEE REQUEST FOR STAFF TO SEEK PROPOSALS FOR

ARCHITECTURAL SERVICES

Mr Hughes explained that this request is simply to authorize staff to seek proposals through the Request for

Proposal RFP process An architect firm will not be hired yet but they will tell Council who they would like to

interview Mayor Hison stated that the cost will be charged to the Court Building Fund not the general

Ms Rusie stated that this is not tying Councils hands at all or binding Council to pursue action She asked what

costs are associated with tonights vote Mr Hughes replied that there will be virtually no cost Mr Walby asked if

the architectural firm will look at both options renovating and rebuilding Mr Hughes said that he wilask each firm

to look at both options Mr Walby asked if these estimates will be accurate Mr Hughes replied that we will not

agree to anything such as major overruns

Mr Walby asked how long this will take Mr Hughes answered that a recommendation could be in by late November

or early December Mr Hughes will be issuing an RFP it will not go out for competitive bid Mr Rubello asked how

this issue evolved

Mayor Hison responded that because of the building itself we looked at all variables and even if it is a renovation of

the current court building there are additional costs such as moving the employees for up to one year The

committee looked at other court buildings The court building is not safe it is old and tired The employees of the

building have a true perspective of what the inside of the building is such as the safety issue which needs to be

evaluated Sometimes the cost of new versus renovation is almost the same Mayor Hison stated that althoughsome residents say we should wait we have waited for years A project like this will bring work to our area Mr

Rubello stated that the inside is abysmal and outdated Mayor Hison said this will not restrict City Council in any wayit is a fact finding matter at this point Mayor Hison stated that in the estimated price to combine a police and

court building was in the Million range

Motion by Rubino seconded by Rubetto to approve the recommendation from the th District Court

Committee to request staff seek proposals for architectural services

Ayes All

Absent McFadyen

City Council Meeting October Page of

PUBLIC HEARING FOR CONSIDERATION OF VTO THE WEST OF LOTS THROUGH

Mayor Hison stated this was looked at previously when there was a sale of the lot next to this facility

Mayor Hison opened the Public Hearing at pm

Mayor Hison closed the Public Hearing at pm

Mr Rubello stated that there is a retaining wall that was left over from a demolished house Ms Koto said the

easements will be maintained where they are located There will be a parking lot where the vacant lot is Ms Koto

said they have the homeownerscontact information and they will listen to her complaints The owner of the fitness

center will maintain the easements Mr Frederick suggested that we monitor the utility issue and not leave it up to

the two parties

Motion by Rubello seconded Walby to adopt a resolution for the vacation of a public alley petitioner City of

St Clair Shoreslocatedadjacent to the west of lots through inclusive of the Maple Park Subdivision

between Maple and Harper PC maintaining the utility easements which reads as

WHEREAS a notice to vacate a foot public alley located directly adjacent to the west of Lots throughinclusive of the Maple Park Subdivision as recorded in Liber Page of Plats Macomb County Records

has been given as appears by certificate on file in the Office of the City Clerk

THEREFORE BE IT RESOLVED that the entire above described public alley be and the same is herebyvacated discontinued and abolished by this Council to become a part and parcel of the adjoining propertiesof above described plat from which they were dedicated

BE IT FURTHER RESOLVED a full easement be retained across all of above described alley for publicutilities

AND FURTHER PROVIDE that if at any time in the future the owners of any lots abutting on said vacated

alley their heirs or assigns shall request the removal andorrelocation of any existing poles or other utilities

in said portion of alley such owners upon whose property the poles or other utilities are located shall payall cost incidental to such removal andor relocation unless such charges are waived by the utility owners

BE IT FURTHER RESOLVED that a copy of the resolution be forwarded to the Register of Deeds for Macomb

County duly certified by the City Clerk

Ayes All

Absent McFadyen

PUBLIC HEARING FOR CONSIDERATION OF NECESSITY FOR THE CREATION OF A SPECIAL

ASSESSMENT DISTRICT BAYVIEWLAKECREST CANAL DREDGING AND SET SECOND

PUBLIC HEARING

Mr Ihrie explained that this issue is in response to a petition from homeowners that want to dredge their canal

Mayor Hison stated that the citys role is to orchestrate the paperwork and coordinate the dollars that come in It is

the property owners decision We are the mechanism to make sure everything gets done properly It takes two

thirds of the particular homeowners to approve We have received signatures that are more than two thirds The

public hearing allows for anyone to address this issue At this time the concern is not how it will be done A second

meeting will take place November

Mayor Hison opened the public hearing at pm

Jim David Lakecrest thanked City Clerk Mary Kotowski and Assessor Teri Socia for their assistance on the

dredging project He explained that this canal is years old and has never undergone an east to west renovation

Some areas today have bare dirt to two inches down to one to two feet There is a layer of silt that limits ability to

navigate waterways Some are forced to pay thousands at marinas while paying taxes for living on the water Theyhave interviewed four local dredgers done competitive bidding and talked to neighbors The completion is critical

and necessary to BayviewLakecrest property values

City Council Meeting October Page of

PUBLIC HEARING FOR CONSIDERATION OF NECESSITY FOR THE CREATION OF A SPECIALASSESSMENT DISTRICT BAYVIEWLAKECREST CANAL DREDGING AND SET SECOND

PUBLIC HEARING contd

John Black Bayview bought his house last year with a foot boat house Two days before closing helearned there was not enough water for his boat He stated that financial climate on home values will plummet Thisaffects homeowners and some have withheld their support mostly for financial reasons

Bruce Karash Lakecrest thought there was insufficient votes until today He said that no one has submitted a

present depth of the watercourse other than for someone to say that the silt is four to five feet deep He said this is

an exaggeration and the petitions were misrepresented

Scott Geromette Lakecrest responded that the depth reading is zero He bought a house three years agoand built a seawall He can drop his boat on sand He said that he pays premium to live on the water in his propertytaxes and if you live on a canal you need to maintain it for lake access If this is not approved the property values

could decline fifty percent

Brian Mocny Bayview is not opposed nor in favor The original petition said it would continue on to BayviewNow he understands that dredging will only go to the end of Lakecrest He asked where is the dredging going to go

Paul Mead Lakecrest responded that people should know that sea walls are ten feet tall They are poundedinto the clay about four or more feet He asked how is three feet worth of sludge going to dislodge a ten foot longpanel from three to four feet in the clay He stated we will lose our investment because nobody will buy on the canal

that does not share our responsibility for stewardship He feels that if the canal is not maintained it becomes a

wetland

Dan Bohn Lakecrest looked at a proposal from Dean Marine and said it appears that they figured dredgingfrom Jefferson out to Bayview

Ed Buckman of Dean Marine Excavating stated that he prepared a proposal and has done special assessment

districts before Based on preliminary depth soundings in the canal that they took in August they feel it is feasible to

dredge from Jefferson to the end of the channel on Bay This will depend onapreconstruction survey Some areas

will need more dredging some will need no dredging

Donna Mead Lakecrest is concerned about property values She knows of a potential sale on the street that

was canceled because of the canal issue

Mark Colonaise President of Bayview Homeowners Improvement Association reported that a majority of

homeowners support the dredging He said the association has made an investment we maintain our own park and

they are looking at a dredging project on the north side

Mayor Hison closed the public hearing at pm

Mr Ihrie clarified that it only goes to the end of Lakecrest because the ordinance only applies to canals or artificiallycreated waterways The only properties being assessed are the homes that abut the canal He asked for

confirmation from the proposers that the amount being assessed is not the original amount but only the cost of the

dredging in the canal The abutting property owners should not pay for dredging that takes place outside of the

canal

Mr Geromette responded that the original proposal was revised

Ms Kotowski stated that a two thirds majority was received as of today

Mr Rubello stated that he hesitated putting his boat in this canal He understands that financial problems mightoccur but it doesntmake sense to only dredge so much of the canal He said that If you dontdredge the access

point there is no good in dredging at all

Motion by Rubello seconded by Walby to approve the adoption of a Resolution creating the SpecialAssessment District BayviewlLakecrest Canal dredging which reads as follows and setting a second

Public Hearing for November to review the assessment roll and hear objections to the confirmation

of the special assessment roll

City Council Meeting October Page of

PUBLIC HEARING FOR CONSIDERATION OF NECESSITY FOR THE CREATION OF A SPECIAL

ASSESSMENT DISTRICT BAYVIEWLAKECREST CANAL DREDGING AND SET SECONDPUBLIC HEARING contd

WHEREAS the City Council has determined it necessary to undertake the following improvements as

requested by the creation of the Special Assessment District for the Dredging of the BayviewLakecrestCanal resident petitions and

WHEREAS to create a Special Assessment District BayviewLakecrestCanal

To dredge approximately cubic yards from the canal and channel of the

BayviewLakecrest Canal The legal description of the Special Assessment District

Boundaries is as follows

Kays Bayview Subdivision Lots thru except the S of Lot all of

Lots thru incl LiberPagealso Kays Bayview Subdivision No

Lots thru incl Liber Page also BeelBaertDujardinSubdivision Lots thru incl Liber Page also BeelBaertDujardinSubdivision No Lots thru incl Liber Page also BeelBaer

Dujardin Subdivision No Lots thru incl Liber Page

WHEREAS plans specifications and estimates of the cost of the improvements have been placed on file

with the City Clerk and

WHEREAS the City Council has met on Monday October at pmin accordance with notice

duly pursuant to Section of the City Charter for hearing all objections to the proposed improvement and

to special assessment district created to defray the cost thereof and has heard all such objections

NOW THEREFORE BE IT RESOLVED THAT

The City Council of the City of St Clair Shores determined to make the following described

improvement

To dredge approximately cubic yards from the canal and channel of the

BayviewLakecrest Canal

The legal description of the Special Assessment District boundaries is as follows

Kays Bayview Subdivision Lots thru except the S of Lot all of

Lots thru incl LiberPagealso Kays Bayview Subdivision No

Lots thru incl Liber Page also BeelBaertDujardinSubdivision Lots thru incl Liber Page also BeelBaertDujardinSubdivision No Lots thru incl Liber Page also BeelBaer

Dujardin Subdivision No Lots thru incl Liber Page

Their petitions indicated that the costs will be divided by canal footage The revised estimated total cost

is for dredging and City spread over parcels in benefit district with their

approximate estimate fora ft lot of or per foot

A Special Assessment District is created by this resolution of the City Council adopted on October

for BayviewLakecrestCanal Dredging

The City Assessor is hereby directed to prepare a special assessment roll in accordance with Section

of the City Charter and the resident petitions request that the total costs will be divided by canallot

footage The special assessment district to be composed of all lots and parcels of lands created into

said special assessment district by paragraph of this resolution and paragraph of the resolution of

the City Council adopted on Monday October pertaining to said improvement this assessment

against each lot or parcel of land to be such relative portion in special assessment district

City Council Meeting October Page of

PUBLIC HEARING FOR CONSIDERATION OF NECESSITY FOR THE CREATION OF A SPECIAL

ASSESSMENT DISTRICT BAYVIEWLAKECRESTCANAL DREDGING AND SET SECOND

PUBLIC HEARING contd

The City Assessor is directed to report said special assessment to the City Council when the same

is completed and the City Assessor shall attach to said roll his certificate as required by Section

of the City Charter

BE IT FURTHER RESOLVED that the City Council hereby sets the public hearing for review and laying of the

roll for the Council meeting of November

Ayes All

Absent McFadyen

PROPOSED EARLY RETIREMENT INCENTIVE FOR COMMAND OFFICERS ASSOCIATION IN THE

POLICE DEPARTMENT

Mr Hughes explained that almost six months ago the Firefighters contract was approved A key incentive for that

contract was early buyouts Ten employees retired and ten new firefighters were hired This is a proposal for the

Command Officers Association COA This could result in ten retirements Mr Hughes stated that he endorses this

and so does Chief Walleman This will bring in new top management andreassignments A key proponent is that if

ten command officers retire we will hire ten new patrolmen He guarantees that we will make sure we give our

citizens the best protection possible

Mr Smith highlighted the proposal as follows

Members of the St Clair Shores Command Officers Association with current adjusted hire dates of between

January and July to purchase the service time necessary to obtain twentyfive years

of service as of a date of their choosing between November and MayEmployees wishing to take advantage of this program must submit an irrevocable notice requesting to

purchase time and setting their date of retirement to the City Manager by no later than December

Employees wishing to purchase such time must make payment to the pension system in an amount equal to

five of their annual base wage for each year of service purchasedEmployees shall only be permitted to purchase the amount of time necessary to qualify them to retire with a

total of years of service

Employees must retire on the first day following their eligibility for retirement

Monies paid into the retirement system for the purchase of this time shall not be eligible for annuitywithdrawal

The Union and the City will sign a letter of understanding modifying the collective bargaining

agreement permitting the implementation of this program and modifying the promotional language in a

manner that would eliminate the utilization of peer review for all future eligibility lists

Mr Smith discussed the savings provided by the actuary He explained that we have reduced pension costs and

Lansing has made changes with regard to pension and health insurance This estimate will give us two contracts

cycles to negotiate additional changes that will mean additional pension costs savings Regarding overtime the cost

analysis proved that overtime would be about due to field training for new officers We believe we will hire

officers that already have academy training and street experience because of layoffs in other cities

Chief Walleman gave a history of how we arrived at where we are today In the early s we had a financial crisis

similar to this that resulted in a hiring freeze When the economy turned around we hired new officers in a year

period which led to adding a motor carrier canine unit narcotics DEA task force officer community liaison officerevidence technician training officer emergency response team DAREprogram warrant officer and a motorcycleofficer During the past several years we have eliminated several of these services such as marine patrol bike

patrol DARE and the warrant officer At that time the new hires invigorated the department allowing these new

positions We currently have quality police officers ready to retire with limited opportunities to advance This will

improve morale due to possible promotions Chief Walleman can take experienced patrol officers and move them

into the command ranks This will fill our primary purpose of protecting the residents of St Clair Shores

City Council Meeting October Page of

PROPOSED EARLY RETIREMENT INCENTIVE FOR COMMAND OFFICERS ASSOCIATION IN THE

POLICE DEPARTMENT

Mayor Hison stated that we are looking at our own budget and the dollars being referred to will help us get throughsome tough years because of the savings involved with hiring ten new officers that come in at lower rates We will

promote some great officers who have been working with the command officers The new officers will come from

other communities with experience The idea of incentives is to weigh the results This will create a whole new force

even though it is not mandatory that command officers each accept this Mayor Hison supports this plan and feels

we have the resources to proceed

Ms Rusie asked about overtime costs Mr Smith said if all ten take the buyout it would increase about

Ms Rusie asked if pension costs would be increased Mr Smith said the total cost to the pension system is

approximately Million If the actuary is correct and all ten employees left we would not have to increase our

pension contribution until Ms Rusie stated that this would increase the millage rate at that time

Mr Rubino responded that the increase would be minor Mr Smith stated it would be less than a half percentincrease Mr Rubino asked what we are giving them as incentive Mr Smith said we are only giving them the

opportunity to buy service time Mr Rubino asked what the savings are Mr Smith replied that the General Fund

would save about offset by the increase in pension costs of about

Mr Walby said this is not an easy decision This is amortized for years and the actuary assumes there will be no

changes but there have been significant changes Therefore to say things wontchange in years is not accurate

Mr Rubello reiterated that there is still room in the two cycles of contracts to take changes into consideration Mr

Smith stated that changes in the law now make it impermissible for retro pay increases which will get

negotiations done quicker Mr Rubello said he likes the reinvigoration of new people Mr Walby stated that we have

already tried to make changes in the ranks by shrinking the top and putting more in the bottom There will be no

reduction in manpower Chief Walleman said service in the community will improve and the ranks will be stabilized

He is looking forward to moving to the new policing models

Mr Frederick asked if all ten take the incentive his concern is the time frame we have to train how long it will take

to acclimate the new hires Chief Walleman replied that is in the hands of the individual Some new hires may not

have as high standards as we insist on having What we demand with regard to service to the community may be

something new to the new hires Some will come from the academy with no experience and some will come from the

street with safety experience The field training program is normally four months but certain officers can accelerate

We have qualified field training officers for this rigorous program who can identify employees that can accelerate Mr

Frederick confirmed that May is the first day for retirements Mr Smith explained that is why we gave the

December date to announce the irrevocable retirements so the steps for hiring can begin sooner than later Chief

Walleman said the staff that remains understands there will be a lot of extra work and they are all enthusiastic He

has full confidence in their abilities to take care of this efficiently Mr Frederick calculates with regard to potential

millage increase in that it comes out to which is low and it could even go lower Mr Smith said there are

a lot of variables Ms Rusie asked for clarification of the two contract cycles since COA has a metoo arrangement

with the Police Officers Association Mr Smith replied that with the changes Lansing has made such as employeespay costs of benefits and no retros negotiations will be quicker Ms Rusie said that changes in Lansing can be

unchanged Mr Rubino asked if there will be a leadership void Chief Walleman responded that a sergeants test will

have to be initiated immediately as this will establish a list of order There is already an established list for

lieutenants Mr Rubello stated that he is counting on the culture of promotions causing a difference

Motion by Rubello seconded by Rubino to approve request for the implementation of an early retirement

program for St Clair Shores Command Officers Association as presented

Ayes Frederick Hison Rubino Rubello WalbyNo Rusie

Absent McFadyen

City Council Meeting October Page of

BIDSCONTRACTSPURCHASEORDERS

b Harper Tree Planting Project bids opened

Mr Babcock stated that this project is to replace trees that were removed to accommodate the installation of a new

water main on Harper Avenue between Mile Road and Mile Road Ten bids were received Mayor Hison

asked if there are trees Mr Babcock said there are Mr Rubello stated that he drove through this area and does

not see a reason to spend money

Mr Frederick asked if these trees will create a problem with a new water main Mr Babcock stated that trees do not

cause water main problems He explained that the five species of trees do not attack sewers Mayor Hison

explained that these trees are on our approved tree list Mr Rubino asked why we have Chinese Elms on the list He

researched this type of tree for a resident and found that they can be a complete nuisance Mr Babcock will look into

that Mr Rubello stated that since trees block the facade to some building signs consider asking the business if theyeven want a tree in front of their business Mr Babcock hopes to have all trees planted this fall

Motion by Rubino seconded by Walby to award Harper Tree Replacement Planting Projectcontract to Thomas Bros Landscaping Inc in the amount of to subject to this purchaseexcluding Chinese Elm trees and replacing those tree quantities with trees of the same prices

Ayes Frederick Hison Rubello Rusie WalbyNo Rubello

Absent McFadyen

c Tree Planting Project Road Replacement Streets bids opened

Mr Babcock stated that this project is to replace trees that were removed to accommodate the local paving projectson Culver Avalon Lawndale Taylor Marks Ct Valera Grant and Boston

Motion by Rubino seconded by Walby to award Local Street Paving Tree Replacement PlantingProject contract to Agroscaping Inc Grand Blanc Rd Swartz Creek MI in the amount of

Ayes All

Absent McFadyen

d Joint and Crack Sealing Program bids opened

Mr Babcock stated this is a three year program We advertised to companies and received three bids This will

be funded annually out of the street millage and the Act gas tax dollars Mayor Hison stated this project was

started to keep the streets smooth Mr Babcock stated that we have extended the life of major roads Mr Rubello

asked if there is a warranty if the seals pop Mr Babcock replied that there is a warranty

Motion by Rubello seconded by Rubino to award the Pavement Joint and Crack Sealing Programto Carrs Outdoor Services in the amount of

Ayes All

Absent McFadyen

e Basement repairs of one tweCity owned home Bids opened Bid for Evergreen came

in under Alger

Ms Koto stated that this request is for basement repairs required on this house which is a property purchased from

Macomb County for tax foreclosure The lowest primary bidder is Bayshore enterprises in the amount of

She explained that Council can also select from the alternate bids which break the services out Ms Koto stated that

Mr Rayes can best answer some of the questions from Council Since Mr Rayes is absent this evening MrWalbyrequested that this item be tabled

City Council Meeting October Page of

BIDSCONTRACTSPURCHASEORDERS contd

Motion by Walby seconded by Frederick to table the bid award for basement repairs to the next meeting

Ayes All

Absent McFadyen

REQUEST APPROVAL OF THE COUNCIL MEETING SCHEDULE

Mr Hughes explained we are establishing our city calendar There is a Presidential election in so in lightof the extra work prior to elections we are asking for a slight change next year

The St Clair Shores City Council will hold their regular meetings the first and third Mondays of each month at

pmin the City Council Chambers Jefferson Circle Drive St Clair Shores M

January TuesJanuary MonFebruaryFebruary TuesMarch

March

AprilApril

MayMayJune

June

JulyJulyAugustAugustSeptember TuesSeptemberOctober

October

October

November

December

December

Exceptions When City offices are closed on Monday due to a legal holiday Council meetings are held on the

Tuesday of that week

January New Years DayFebruary Presidents DaySeptember Labor Day

Change in t meeting in November meeting one week earlier

Motion by Walby seconded by Rusie to approve the Council Meeting Schedule as follows

January TuesJanuary MonFebruaryFebruary TuesMarch

March

AprilApril

MayMayJune

June

JulyJulyAugustAugustSeptember TuesSeptemberOctober

October

October

November

December

December

City Council Meeting October Page of

REQUEST APPROVAL OF THE COUNCIL MEETING SCHEDULE contd

Exceptions When City offices are closed on Monday due to a legal holiday Council meetings are held on

the Tuesday of that week

January New Years DayFebruary Presidents DaySeptember Labor Day

Change in tmeeting in November meeting one week earlier

Ayes All

Absent McFadyen

CONSENT AGENDA Items shall be considered without debate by motion and vote of Council unless a

member of Council specifically requests action taken separately on said item

Motion by Rubello seconded by Frederick to approve the Consent Agenda items a h which include the

following

a Bills

October

To approve the release of checks in the amount of of the report that is pages in length and

of the grand total amount of went to other taxing authorities

b Fees

Kirk Huth LangeIhrie OBrien

c Progress Payments

Tiseo Brothers Inc

Diversified Construction Stainless

d Approval of Minutes

Minutes Meeting Date

City Council June

City Council JulyCity Council JulyCity Council AugustCity Council August

e Receive and file Boards Commissions and Committee Minutes

Minutes

Election Commission MeetingEmployee Civil Service CommissionOlder Persons Advisory Committee

Planning Commission

Sign Arbitration

Zoning Board of AppealsZoning Board of Appeals

Meeting Date

AugustJulySeptemberAugustAugustAugustSeptember

City Council Meeting October Page of

CONSENT AGENDA contd

Ayes AllAbsent McFadyen

UPDATES AND FOLLOW UPS FROM COUNCIL MEETING

PCBs Mr Hughes reported that he is waiting for a date from Chicago field office of the EPA Other than that there

is no news at this time

Harper Mile to Mile Street Replacement and Little Mack Mile to Mile Road Mayor Hison stated

that both projects are completed

Status of Work at Ridgeway Jefferson Mr Ihrie stated that we do not have our environmental experts reportback yet The first house has a demolition date of October and the second house does not have a date yetMr Hughes said we have seen the property owners environmental report and we are waiting for our expert to return

to us with his comments There is a third house that is a rental and does not need to be demolished

COMMENTS BY INDIVIDUAL COUNCILPERSONS

Mr Walby stated that in todays Detroit Free Press there is an article about cities with a program to spend permonth so homeowners can receive insurance for broken sewer lines He asked Mr Hughes to find out if MichiganMunicipal League has a program like this He explained that Huntington Woods and Saline have promoted this

through the National League of Cities Mr Walby attended the Hockey Association opening day event and reportsthat participation is up

Mr Frederick requested that Mr Hughes research if cities that compare to St Clair Shores are participating in the

insurance for sewer lines Mr Frederick announced the Frank Mumford dedication at the horseshoe pits will be held

at amOctober at Kyte Monroe westsouthwest corner Also the Parks Recreation basketball leaguesregistration deadline is November th After that date the price increases Call the Parks Recreation

Department at or stop by to pick up a form Mr Frederick urges everyone to vote

Mr Rubello has no report tonight

Ms Rusie announced the Activities Committees Halloween Funfest in memory of Nan Schmelzer on October rd

The event will feature trick or treating from pmto pmwith cider and donuts a smoke house and a DJ

Cost is per person no rain date Ms Rusie asked about work done at an NSP house on Carolina Mr

Hughes said his understanding is that the person who put a bid on the house hired a building inspection firm and theyexpressed concerns about a sewer leak which is causing digging and trenching

Ms Rusie said there is a lot of equipment trucks and commotion Mr Hughes responded that they will be done as

early as tomorrow He will find out if the homeowner or the city hired this contractor Ms Rusie wants to know how

much this is costing and who is paying for it One of the residents grass was ruined Mr Hughes said the contractor

will have to replace that Ms Rusie did not get a chance to go to the Hockey Association opening day and wishes the

kids a safe and successful year of hockey Ms Rusie asked if a federal grant for paving the parking lot at Veterans

Memorial Park is used will this jeopardize our residentsonlystatus at the park She also asked why the City Attorneywas not involved with this before she brought it up Mr Hughes replied that Macomb County is the recipient of the

grant not us It was the Macomb County Executive that accepted the grant This is city property but it is a pass

through grant Ms Rusie requested that Mr Ihrie write an opinion of this before we make a decision to accept the

money or not Mayor Hison stated that when this was proposed we said that we would not agree to anything that

would cause the park to open to nonresidents Mr Hughes said the EPA the Department of Justice and other

agencies were involved In these challenging financial times we look at all opportunities but we understand that the

residents want this as a residentsonlypark

Ms Rusie asked for an update on MACRO Mr Hughes stated that they had a monthly meeting in September and

October He reported that at the MACRO meeting in September the personal property tax elimination became a

pressing issue MACRO felt that the legislators need to be educated on the last two years worth of shared services

that already happened Mr Hughes stated that many positions on the topic were taken at the meeting He told the

MACRO meeting that our city would lose Million in revenue annually with a personal property tax elimination

The Governor has indicated that he wants to review this Ms Rusie said the purpose of MACRO was supposed to be

to discuss shared services not educate legislators She wants MACRO to notify us when they do lobbying

City Council Meeting October Page of

COMMENTS BY INDIVIDUAL COUNCILPERSONS contd

Mr Rubino stated that in reference to the NSP house with the sewer issue he wants Mr Hughes to confirm that the

city did hire the contractor because we were supposed to do the work and we are going after the old contractor Mr

Rubino asked if we have a list of independent businesses locally owned storefront businesses service businessesMayor Hison replied there are various lists and he has asked Mr Hughes to get the lists consolidated Mr Rubino

asked if the reasons we dontput up signs before street sweeping because of costs Mr Hughes replied that cost is

part of the reason but it is also because we cantguarantee we will be on time due to weather etc

Mayor Hison said we tried it in the past and it caused problems when we were delayed Mr Rubino asked why the

sprinklers were running at Mile Road Harper in October Mr Hughes answered that he thinks it was to bleed out

the systems Mayor Hison stated that the sprinkler comes from the lake at city hall Mr Rubino announced a

shopping crawl being organized for St Clair Shores Mr Hughes will work with Communications Director DHerde

to announce the event

CITY MANAGERSREPORT

Mr Hughes reported that the next meeting is Monday November

AUDIENCE PARTICIPATION

Erin Stahl St Clair Shores resident stated that since Council meetings are not available at the library because a

DVD converter is required she brought her VHStoDVDrecorder for the Communications Department to use Ms

DHerde stated that the equipment Ms Stahl brought cannot be used with our equipment She stated that we are

actually testing tonight and if successful we can put two DVDs in the library and one VHS Ms Stahl announced

that theIclean up had volunteers and was very successful She reports that its been three months and there

has been no response from the city to her emails and visits about the construction company who stole from her

neighbors and herself In addition to contacting the city herself on July h her neighbor notified Mr Hughes and no

response has been given to date

Mr Hughes responded that he has called her several times and she hasntcalled him back He explained that his

assistant told him Ms Stahl preferred not to meet in his office because she wishes to videotape the meeting Mr

Hughes stated that Ms Stahl wants a written letter from Mr Tiseo a per resident check written and other

demands He said the Police Department has assigned a sergeant to the case which he cannot interfere with He

has an obligation that the city not be sued Mayor Hison clarified that Tiseo Construction is not affiliated with

candidate Anthony Tiseo

Ralph Kosal St Clair Shores resident stated that a tree fell on a garage at a bank owned home on Revere He

talked to an employee in CDI who said we will keep an eye on it He feels we should react quicker to such a safetyissue than we have to this matter He will provide the address to Mr Hughes for follow up

Chris Vitale tClair Shores resident the Council members made decisions tonight that will affect the city for

decades to come This will run for three weeks prior to an election that will change three or four faces He knocked

on doors on Bayview tonight and the residents complained to him that they were not treated well by cityadministration Mr Vitale requests that residents become educated and then vote

Kathy Scruggs St Clair Shores resident approves the recommendation for the courthouse and hopes a new buildingis voted upon She thanked Mr Rubello for his service on Council and for pushing the envelope on matters such as

the Waste Management contract Ms Scruggs listed many of Mr Rubellos accomplishments Ms Scruggsexpressed her great admiration for Mayor Hison and she appreciates him even though they are always on oppositesides

Jack Doerr St Clair Shores resident distributed an article from regarding the condition of Bayview He gave a

history of the street work done on Bayview going back to He counted patches over feet in front of his

house He believes the condition is dangerous He fell and he is concerned that others could fall and might do

something about it He added that one of the residents of the street is a paraplegic and has a hard time gettingaround the street He made a suggestion that since November is prohibition month the Activities Committee could

plan a roaring twenties party

Steven Kent St Clair Shores resident discussed toxins we are bombarded with He discussed the progress in the

cell phone industry Dr George Carlo did a study on cell phones and reported that electromagnetic fields aide in

diseases such as cancer Electric and gas companies want to install smart meters in our homes which may contain

City Council Meeting October Page of

harmful radio frequencies

James St Clair Shores resident reported that with a consortium spirit we can save money He discussed the costsof fluoridic acid and explained that other chemicals are being passed down to us He distributed a DVD to Council

members

ADJOURNMENT

Motion by Walby seconded by Rusie to adjourn the meeting at pm

Ayes AllAbsent McFadyen

THE PRECEDING MINUTES ARE A SYNOPSIS OF A CITY COUNCIL MEETING AND DO NOT REPRESENTA

VERBATIMRECORD

ROBERT A HISON MAYOR MARY KOTOWSKI CITY CLERK

City Council Meeting October Page of

City of St Clair Shores

Communication Commission MeetingSeptember

Attendees D MartinRascano E AndersonCouncilman Frederick

B Tegtmeyer G Recor D

M J DHerde S Devine

Excused A Gitschlag M Amicarelli

OLD BUSINESS

E Anderson motioned to approve the minutes of AprilD Martin supported all approved

The Citys Facebook Page now has Friends The

Commissioners reviewed the Terms of Use TOU A revised

TOU was agreed upon the document will be referred to the

Citys attorney for his opinion before the document is

sent to Council for final approval

The status of sponsors for the Calendar was

reviewed The Commissioners agreed to seek sponsorshipsfrom their contacts

NEW BUSINESS

D Rascano motioned to review the Video Tour Book

commitment at no charge to the City G Recor supportedall approved The video will be updated as part of therenewal agreement

M DHerde updated the Commissioners on PA MichiganUniform Video Act and provided an email sent from

attorney Michael J Watza from Kitch Drutchas WagnerValitutti Sherbrook

COMMENTS FROM COMMISSIONERS

D Rascano Suggested the following subjects for future

City newslettersWIFI availability at Blossom Heath the need for

volunteers for committees and commissions change in the

Animal Control process and the courthouse project She

also suggested inviting the cable representatives over

the next few months

City of St Clair ShoresCommunication Commission MeetingSeptemberPage

COMMENTS FROM COMMSSIONERS continued

D Martin reported that tickets for the Poinsettia Ball

will be available in October the Ball will be December

Also the Art Fair will be September and

G Recor suggested that the parade photo in thecalendar show veterans and that the date of the parade be

displayed with stars and stripes

E Anderson reported that he is now working on St Clair

Shores Patchcom

M DHERDE REPORTED THAT SCS is ready to launch a

financial dashboard and that the Meet The Candidates to

be aired September will be taped

AUDIENCE PARTICIPATION NONE

Motion too adjourn D Rascano supported by E Andersonall approved

Next Meeting October

Minutes Prepared ByDiana Rascano Secretary

PROPOSED MINUTES OF THECITY OF ST GLAIR SHORES

GOLF COURSE COMMITTEE MEETING

July

PRESENTCommittee Members Robert Hison

Dave Grauzer

Greg Esler

Metta Slater

Tony Rascano

ABSENT AND EXCUSED

ALSO PRESENTGolf Course SuperintendentGolf Course Pro Shop ManagerManager National Coney Island

Ben HughesSkip SchwartzenbergFran Wilson

Tim Dorner

Rob SpinazzolaCindy Fields

The Golf Course Committee Meeting was called to order by Mayor Hison at am

Mr Rascano made a motion to excuse Mr Hughes Mr Schwartzenberg and Ms

Wilson Mr Grauzer seconded the motion with all others in favor

Mr Grauzer made a motion to approve the minutes from the May meeting Mr Rascanoseconded the motion with all other members in favor

National Coney Island Report

Mrs Fields reports that business has been steady The upstairs is doing well especiallyduring league play The downstairs is also doing very well they have had a lot of

banquets showers weddings parties and bookings for outings Mrs Fields said a lot ofthe banquets are repeat customers Mr Dorner said MrsFields hard work has paid off in

getting repeat customers Mrs Fields reported that the patio is doing great numbers thisseason Mayor Hison suggested we put together a letter to send to NCI corporateregarding how well and unique this location is compared to others

Discussion of the scheduled outines

Mr Spinazzola presented the committee with a list of scheduled outings for theseason Mr Spinazzola reported that every weekend through August and September had

an outing scheduled some of which were shotgun outings Mr Spinazzola continued on

to say that some of the outings were repeats and some ofthem were new and he hoped to

keep them in the years to come Mrs Fields commended the course for bookingnumerous outings

Discussion of cart path and future renairs

Mayor Hison asked if we have had any further discussions on the cart path repairsMr Dorner said he is continuing to look into pricing and where we might be able to get it

done Mr Dorner continued to say they are stretched very thin in staffing but

theyre hoping to do repair work in house Mr Dorner said that late summer or early fallis the best estimation date for repairs Mayor Hison asked about switching over

cart paths for safety reasons Mr Dorner said that we are exploring the issue Mr

Dorner reported that our equipment is wearing quicker due to outside use other than the

golf course Mr Dorner continued on to state that we are bringing in a contractor to lookat the cart path and estimate the fixes for us Mr Grauzer asked if we have any aerials ofthe cart path Mr Dorner said we can get them if need be Mayor Hison asked about the

sprinkler system Mr Dorner said the system is working great watering a lot more the

last month because of the high temperatures

Mayor Hison requested that the rate survey be ready for the November meeting

Mr Rascano made a motion to adjourn the meeting Mrs Slater seconded the motionwith all others in favor

The next meeting will be September

MINUTES OF THE REGULAR MEETING

OF THE

ST CLAIR SHORES PUBLIC LIBRARY BOARD

ArthurM Woodford Local History Center

Wednesday September

PRESENT

President

VicePresident

SecretaryTrustee

Mrs Monie Smith

Mr Danny G FrezzaMr James Carron Arrivaam

Mrs Judy Eggly

City Librarian

Assistant City Librarian

Recording Secretary

Mrs Rosemary Orlando

Mrs Sue Mihalic Arrivaam

Mrs Mary Stachowiak

EXCUSED

CouncilwomanLibraryBoard Liaison Mrs Beverly McFadyen

I ROLL CALL

Chairperson Smith called the meeting to order at am

II ADOPTION OF AGENDA

It wasmoved by Eggly supported by Frezza to adopt the agenda

Ayes Frezza Eggly Smith

Nays NoneMotion carried

III APPROVAL OF THE MINUTES

It was moved by Frezza supported by Eggly to approve the minutes of the RegularBoard Meeting held August

Ayes Frezza Eggly Smith

Nays None

Motion carried

IV LIBRARY CAFE UPDATE

St Clair Shores Public Library Boazd

Wednesday SeptemberPage of

Chairperson Smith was pleased to report that the rubbish that was left outside on the cafe

tables was promptly cleaned up by the cafe staff when she pointed out the untidiness

Mrs Orlando reported that the Cafe ice machine has been repaired

Mrs Orlando reported that the annual review of the Cafe rental agreement usually takes

place in November This is the third year of a three year contract

V REPORT OF LIBRARIAN

A Correspondence

Chairperson Smith reported that Dick Lange husband of former Library Board

member Mary Lange suffered a serious heart attack and is in the hospitalChairperson Smith will send acard on behalf ofthe Board

B Library Information

New Domain Name

Mrs Orlando reported that the Library has a new domain name

wwwscslibrarorg which replaces the previous address of

wwwlibcoopnetstclairshores If a patron goes to the old address they will be

directed to the new address This will be in place until the end of the year The

Library is currently changing the web address on all our material The website is

also being updatedrevised and should be complete by the end of the year

New Email Server

Mrs Orlando reported that the Suburban Library Cooperative changed its email

server Staff members are adjusting to this change and the Cooperative is still

working out the glitches

Building Repairs

Mrs Orlando reported that the elevator repair man was called to fix the elevator

doors that would not close The electrical contractor was also in the building to

finish the work on the motion detectors for the lighting

Credit Card Payment

Mrs Orlando reported that she waiting for the City to advise her on the use of

credit cards for payment of Library fines and fees

Free Family Movie Matinees

St Clair Shores Public Library Board

Wednesday September I

Page of

Mrs Orlando reported that the Friends of the Library have purchased a site

license for the public performance rights of major entertainment movies The

Library may now show current feature films to the public The Youth Services

Department is hosting FREE FAMILY MOVIE MATINEES at pm on

Saturday October November and December Popcorn will be providedand guests are welcome to bring their own snacks and pillow and blanket to

lounge on the floor The first series of films that will be shown are based on

books Books will be on display for checkout Adult services librarians are also

planning on hosting amovie series for adults in the very near future

Macys Adventure Pass

The Macys Adventure Pass program will end October It will return in Mayfor its final year At that time the program will be online Patrons will be

able to access information about the program print out discount or free passesand get reading recommendations relating to the venues

September is Library Card SignUp Month

Mrs Orlando reported that Suburban Library Cooperative member libraries are

celebrating September is Library Card SignUp Month with local businesses

This program began last year at the Sterling Heights Library and expanded this

year to include all member libraries Businesses can sign up to participate at no

cost to them and then offer a discount or incentive to patrons who show their

library card in the local establishment Abel Electronics and Love and Peace

Montessori are the two St Clair Shores businesses that have signed up to

participate

St Clair Shores residents who sign up for a new Library card from Septemberwill be eligible to enter aspecial drawing for a Barnes and Noble

Gift Card Mrs Orlando stated that approximately people sign up for a new

library card each month

Community Based Instruction

Mrs Orlando reported that this is the third year the Library is participating in a

community based instruction program with Lakeshore High School students

State Aid Requirements

Mrs Orlando reported that many libraries throughout the state are havingdifficulty meeting state aid requirements because of budget cuts These

requirements are being reviewed and some libraries are asking for waivers

Receiving state aid is one of the conditions necessary to be a member of the

Suburban Library Cooperative Mr Frezza asked Mrs Orlando if there is a list of

libraries that are having a difficult time meeting state aid requirements

St Clair Shores Public Library Board

Wednesday SeptemberPage of

Meeting Room Policy

Mrs Orlando reported that the Citys Parks and Recreation Activities Room is

being changed into aweight training room to be used by the figure skaters and the

hockey association Groups and organizations will no longer able to meet there

This has resulted in a greater demand for use ofthe LibrarysMeeting Room

Mrs Orlando reported that an organization entitled Organizing for America

requested to use the Library Meeting Room to hold a rally to get people to registerto vote They stated they were anonprofit group and the Library is waiting fortheir paperwork When visiting the organizationswebsite it states that they are a

political organization supporting Barack Obama Mrs Orlando will review their

paperwork when it arrives The Board briefly discussed the Meeting Room

Policy and political groups The Board will revisit this issue at a future time if

necessary

Library Programs

Mrs Orlando reported that the Library is very busy preparing for all the fall

programs and events

Library Budget and Staff Scheduling

Mrs Orlando reported she and Mrs Mihalic are keeping a close eye on the

budget The scheduling ofparttime staff has been challenging at times

since these hours were reduced Work assignments have been adjusted and this

has resulted in better use of staff time

Statistics

Copies of the Monthly and Yearly Library Patron Count Circulation RecordsPatron Registrations and Miscellaneous Statistics were given to the Library Board

Members

Meeting Room Schedule

Copies of the Meeting Room Schedules for September and October were given to

the Library Board Members

VI FINANCIAL REPORT

It was moved by Eggly supported by Frezza to receive and file the following Financial

ReportsA General Fund YeartoDateBudget Report Balance for AugustB Penal Fines Report Balance of as of AugustPenal Fines Report Balance of as of July

St Clair Shores Public Library Board

Wednesday SeptemberPage of

Penal Fines Report Balance of as ofApriC Library State Aid Report Balance of as of August

Library State Aid Report Balance of as of JulyLibrary State Aid Report Balance of as of June

Library State Aid Report Balance of as ofMayLibrary State Aid Report Balance of as of April

D Cooperative Centralized Purchasing Account Balance of as of

SeptemberE Cooperative Rental Video Account Balance of as of August

Ayes Carron Eggly Frezza Smith

Nays None

Motion carried

VII ACTION ITEMS

It was moved by Carron supported by Eggly to submit the Library BoardAnnual Report to the City

Ayes Carron Eggly Frezza Smith

Nays None

Motion carried

VIII COMMENTS BY INDIVIDUAL BOARD MEMBERS

None

IX AUDIENCE

None

X ADJOURNMENT

It was moved by Carron supported by Frezza to adjourn the meeting at am

Ayes Carron Eggly Frezza Smith

Nays NoneMotion carried

The next meeting of the St Clair Shores Library Board will be held on WednesdayOctober at am

Respectfully Submitted

James Carron Secretary

St Clair Shores Public Library Board

Wednesday SeptemberPage of

City of St Clair Shores

Memorial Day Parade Committee Meeting Minutes

September

Chairman Montgomery called meeting to order pmSeptember

Secretary Travis called roll

Present

Chairman Bob Montgomery Vice Chair Debbie Cottrell Recording Secretary Liesle

Travis Corresponding Secretary Kathe Travis Treasurer Chuck Hall Cheryl FurdosChad Miller Sue Nesbitt George Recor Dennis Krasnicki Jr city liaison CandiceRusie liaison Dave Rubello

GuestsBrad Templeman Jamie Victory Chris Vitale

Absent

Eleonore ElleroGroth Nate Kaczmarek city manager Ben Hughes city

Motion by Cottrell to excuse those committee members not in attendance at tonights meeting who

provided prior request for excuse supported by Recor

Motion carried

ChairmansReport

No report

Bills and CommunicationsTreasurer Hall reports our current standing is

Motion by L Travis to approve Treasures report with understanding he will

maintain open communications with city second by Cottrell

Motion carried

Approval ofMinutes

Motion by Furdo to approve August th thminutes second by MillerMotion carried

Old Business

US Navy Band followup with Chairmen MontgomeryNo report at this time

Followup with city liaisons for concessions coordinator

No report at this time

Followup for letter requesting volunteers from schools and student organizationsNo report at this time

Followup with city liaison for target sponsorsjearly notifications

Motion by Cottrell to table item for next meeting second by K Travis

Motion carried

Future fundraisers curb paintingHall reports estimated cost of for appropriate supplies and suggested process

for fundraiser

Motion by L Travis to not proceed with at this time with this fundraiser second

by K Travis

Motion carried

City of St Clair Shores

Memorial Day Parade Committee Meeting Minutes

September

Taste fest

Montgomery and Rubello will continue to collect information and keep the

committee informed about the taste fest and fishing tournament

Motion by Cottrell that Rubello and I will contactGWillies in puttingtogether a taste May second by K Travis

Motion carried

Bylaws update and next revision date TBD

Next revision date October th pmin the Geer Conference Center

New Business

AdvertisingFurdos Poster for sponsors andSCSbusinesses create a competition withinSCS

schools to develop official parade logo for posters and paradetshirts winner

to walk in the parade as well as possibly receive a proclamation from the cityMontgomery judging done byveterans

Furdos Nesbitt could possibly by a fundraiser

Motion by K Travis to allow Furdos to continue to pursue idea of

competition second by Hall

Discussion to have preorders fortshirts

Motion carried

City calendar

Furdos May thAnnual Memorial Day Parade

Hall possible spaghetti dinner dateMotion by L Travis to communicate to Mary JaneDHerde to post May

thAnnual Memorial Day Parade and to table discussion until follow

up with Cottrell concerning a spaghetti dinner second by Furdos

Motion carried

Audience ParticipationRubello seeking out former Miss St Clair Shores future fundraiser will bring more

information at next meetingNesbitt inquired about participating in South Lake Fun Fest sticker sales atSCSevent

storage location followupRubello inquired about DJ at middle ofparadeVitale suggestion to contact DJ Rotunda in Eastpointe for printing

Next meeting will be held October pmin the Geer Conference Room

Motion by K Travis to adjourn thismeeting at pmsecond by Cottrell

Motion carried

Respectively submittedLiesle Travis

Recording Secretary

City of St Clair Shores

Memorial Day Parade Committee Meeting Minutes

October

Chairman Montgomery called meeting to order pmOctober Pledge of

Allegiance was said by all in attendance

Secretary Travis called roll

Present

Chairman Bob Montgomery Vice Chair Debbie Cottrell Recording SecretaryLiesle Travis Corresponding Secretary Kathe Travis Treasurer Chuck HallCheryl Furdos Dennis Krasnicki Jr Chad Miller George Recor

GuestsEllen Montgomery

Absent

Sue Nesbitt Eleonore ElleroGroth Nate Kaczmarek city manager Ben

Hughes city liaison Dave Rubello city liaison Candice Rusie

Motion by L Travis to excuse those committee members not in attendance at tonightsmeeting supported by K Travis

Motion carried

Revision ofByLawsRevisions of proposedByLaws were made as agreed upon by members in

attendance at tonightsmeeting ByLaws will be sent to city manager for further

revisions

Audience ParticipationNone

Motion by K Travis to adjourn this meeting at pmsecond by Furdos

Motion carried

RespectivelyLiesle Travis

Recording Secretary

MINUTESOF THE CITY OF ST CLAIR SHORES

PARKS AND RECREATION COMMISSIONAUGUST

PRESENT Lillian Bate Acting ChairpersonJohn CoryGerrit Ketelhut

Dana Paladino

Ronald Frederick Councilman

ABSENT John Jonassen

James Miller

Shawn NicholsonRobert PylarVito Sciuto

ALSO PRESENT Greg Esler Administration

RECORDING SECRETARY Pamela Bruce

I CALL TO ORDER

The meeting was called to order by Acting Chairperson Bate at pm A quorum was

not present

II APPROVAL OF MINUTES JULY

Tabled as there was no quorum

III DIRECTORSREPORT

Mr Esler distributed a five year Recreation Master Plan for which was

adopted on March He asked that the commission members look at it over and

let him know ofany questions or concerns

Mr Esler informed the commission ofthe possibility of upcoming improvements at KyteMonroe He stated that the DNR has money available in and he also wants to raise

to to use toward a feasibility study for improvements such as enhanced

lighting dugouts playground equipment and irrigation The Michigan Land Trust and

Water Fund has available in grant money that can be applied for and the Citywould have to match There are two things the City has going that would help getthis grant the City is in good financial shape and they have not received a grant from the

DNR in the last ten years

Ms Bate asked what the next step is in this process Mr Esler responded that he has to

go to all the different groups and committees Councilman Frederick asked Mr Esler ifhe wanted all the committees to endorse this and he responded yes Everyone present at

this meeting agreed Mr Ketelhut agrees but just doesntwant to be disappointed if the

grant doesntcome through

Mr Esler then stated that the Special Needs picnic went very well there were about

people

Tomorrow is the Senior Summit at Lakeview

There was discussion about Eastpointe and Roseville Parks Recreation mergingCouncilman Frederick voiced the concern of those communities then coming to St Clair

Shores for assistance to which Mr Esler responded that was adefinite possibility

Mr Esler will go in front of City Council this next Monday for approval to proceed with

the plan of creating an onsite training facility in the Civic Arena

IV NEW BUSINESS

None

V OLD BUSINESS

Councilman Frederick asked if any of the pylons that are underwater at the old pier could

be utilized Mr Esler responded that he did not believe they could

VI COMMITTEE REPORTS

Athletics Mr Paladino stated that there are elections in baseball coming up pretty soon

Ms Bate asked how many coed teams they have Mr Esler will find out

Mr Ketelhut stated that the kids working at Kyte work very hard and are underpaid Mr

Esler commended the workers they have done a very good job and he has gotten a lot of

compliments

Lakefront Parks Aquatic Facilities Mr Paladino said there are a bunch of tree

limbs down at Blossom Heath and about geese residents in the park and six swans

Ms Bate asked if there is something that can be done about the geese Mr Esler

responded that the only thing that can be done is shake the eggs so that there are no

young ones They are otherwise protected Mr Paladino further stated that the road

continues to get worse

Councilman Frederick stated that the triathalon went very well at Blossom Heath

Neighborhood Parks and Recreation

None

Recreation and Instruction Programs

Mr Cory commented that the grass at the dog park looks great Mr Esler stated we have

about dogs registered at our park Councilman Frederick asked Mr Esler to check

with Macomb County to see if the area behind the Beaumont Nursing Center at Jefferson

and Bon Brae can be turned into a dog run Therearekids that go back there and spray

paint graffiti and this may help eliminate that problem

VII OPEN DISCUSSION

None

VIII ADJOURNMENT

Acting Chairperson Bate adjourned the meeting at pm

THE PRECEDING MINUTES ARE A SYNOPSIS OF A PARKS AND

RECREATION MEETING AND DO NOT REPRESENT A VERBATIM RECORD

THE NEXT REGULARLY SCHEDULED MEETING WILL BE HELD

THURSDAY SEPTEMBER PM

MINUTES

OF THE CITY OF ST CLAIR SHORESPARKS AND RECREATION COMMISSION

September

PRESENT John Janassen Chairman

Lillian BateJohn CoryJames MillerDana PaladinoRobert PylarRonald Frederick Council Liaison Late Arrival

ABSENT Gerrit KetelhutShawn NicholsonVito Sciuto

ALSO PRESENT Maria Martinez Skate Park Advocate

Mark Jerrett Skate Park Advocate

Greg Esler Administration

RECORDING SECRETARY Kathy Peck

I CALL TO ORDERThe meeting wascalled to order by Chairman Jonassen at OOpm A quorum waspresent

II APPROVAL OF MINUTES OF AUGUST AND JULY

Due to a lack ofquorum at the last meeting the minutes were not approved

Motion by Commissioner Paladino seconded by Commissioner Cory to approve the minutes

ofAugust and July as presented

Ayes AllAbsent Frederick Ketelhut Nicholson Sciuto

III DIRECTORSREPORTa Summary of Highlights

Due to visiting speakers this item was postponed

b Skate Park UpdateMr Esler thanked the Skate Park group for their support and introduced Ms Martinez She advised

that State Representative Forlini has been trying to garner cement donations In conjunction with the

Kiwanis they will be holding a peanut sale September and are alsoworking with the Kiwanis and

TimsBike Shop on the upcoming Funfest where donations will be solicited

The City of EastpointesSkate Park has opened however there have been some problems Ms

Martinez invited Mr Mark Jerrett to speak this evening to give some insight about that park and skate

parks in general Mr Jerrett stated he has skated in Eastpointe early in the morning in order to avoid

large crowds There were some young children there with their parents just learning how to skate

Eastpointespark has been much utilized drawing different groups of kids but hefeels things will

settle down and it will be agreat park Shadow Park a small park with a metal ramp in Mt Clemens

is in atough area but to his knowledge there is no graffiti and no trouble there Mr Jerrett feels the

type of crowd will not be the same at Kyte Monroe Kids that skate are great kids and locally theyare excited about getting askate park in St Clair Shores which will be an asset for this communityThere are older skaters that will utilize the park as well and will offer a presence when they are at the

park

Parks Recreation CommissionSeptember

Page of

Ms Martinez added that the design company they are working with is putting together a website to

promote the skate park They love the fact that this park will be wheelchair capable as well as BMXand a skate park As soonas the website is ready the information will be shared with thecommissioners The planned location is still in the green space past the basketball courts at KyteMonroe Ms Martinez reported that donations have been coming in slow and steady The St Clair

Shores Police have been the largest supporter and Kiwanis stepping up is very helpful They are still

lobbying for money from HUD homes as well Mr Ester noted that money has been put in escrow

and he credited the group for their hard work It is hoped if the group collects and gets thecement donated and the City matches this would give us Phase The pressure is high because

Eastpointespark is not considered safe and our children need a safe place to go Hopefully with

grants they can get the rest of this project going It was noted that the north end businesses havebeen very supportive and generous A skate park shop has also moved from Roseville to Harperwhen they heard about St Clair Shores proposed park

The proposed park is planned in three phases they would hope to open with the first Park

passes will be sold and it is hoped will generate or which would allow for the eventual

purchase of more modules The beauty of this project is that it can be done in phases Kyte Monroe

wasselected for its openness and lack of seclusion which will allow for better supervision MsMartinez thanked the commissioners for their time and support and concluded her presentation bystating that this will be a highlight for the City and a great place for kids to go

It was asked where EastpointesSkate Park was located Mr Ester will find out and inform thecommissioners Their park was funded by a grant Mr Ester stated that is why he has

recommended that a feasibility study be done at Kyte Monroe as was done at Veterans MemorialPark evident by the progress made there It is felt if there is ever a chance to get a big grant itwould be in The plan should be professionally done would cost approximatelyand could be critical for Kyte Monroe The study would serve the entire facility well and couldmean a potential of a million dollar project that would include in matching funds from

the City Inhouse labor can whittle some of that amount down

IV NEW BUSINESS None

V OLD BUSINESSCommissioner Cory asked about Kyte Monroesparking lot Mr Ester replied that the construction

contractors have some obligation there Putting a lot of money into the parking lot is not in theimmediate budget Mr Ester also noted that they only have nine people on staff between the Golf

Course and Kyte Monroe and due to the AFSCME contract they will be losing their temps on

November rather than November Once staff is done working on the irrigation at Veterans

Memorial Park they will put drainage in at the gate entrance at Kyte

Commissioner Miller discussed the memorial for Frank Mumford The bench and plaque are in nextto the horseshoe pits and look very nice So far they have collected in cash and in

checks for a total of Mr Miller has the closest contact with the family and it is hoped thededication can take place next month Commissioner Pylar asked why donations are being collected

and if that is how previous memorials were handled for deceased Parks Recreationcommissioners Mr Ester replied that the City has no money for thisand in the past members

families also picked up a lot of the cost It was noted that the Parks Recreation Commission is

known for its dedicated and longterm membership

VI COMMITTEE REPORTSAthletics Programs Facilities Group Commissioner Bate asked how many teams have

been signed for coed baseball and if there is a schedule There was nothing in the papers and if

there are only six teams it seems like there should be at least Mr Ester replied he will getback with Ms Bate tomorrow regarding the schedule He reiterated that his staff has been cut by

and there are only two fulltime Parks employees Chairman Jonassen asked how the

commissioners can help There are already volunteers taking care of the youth programs

perhaps there should be volunteers working on the adult programs at Kyte Adult programs help

Parks Recreation CommissionSeptember

Page of

pay the bills and it would not be prudent to see those programs fail Commissioner Jonassenstated they would also be willing to help with advertising Commissioner Bate added that shewould have been happy to call the papers if she knew she had the authority to do so The City of

Sterling Heights programs were discussed however it was noted that St Clair Shores does not

have the same population Commissioner Pylar suggested that information regarding our sportsprograms should be put on the Cityscable channels

Lakefront Parks Aquatics Facilities Commissioner Miller stated there is not too much to reportright now because of weather but the water is staying up He strolled through amarina north of hereand noticed only out of wells were filled which seems worse than our City CommissionerPaladino reported that the Blossom Heath Beach is very clean and he noticed there were no geeseor swans there Mr Ester replied that the birds have migrated to Civic Arena It wasasked if there is

any progress with TIFA and a splash pad at Blossom Heath Mr Ester feels that Mayor and Councilwill work on this after November it is not likely that the present proposal will pass

Neighborhood Parks and Recreation Commissioner Cory stated that between the joggers and

disc golfers Brys Park is extremely busy and very clean Mr Ester added that the disc markers will

be installed within the next three or four weeks

Recreation and Instruction Programs Commissioner Cory reported that the membership is

growing at the Senior Center Their biggest complaint is that the exercise room is too small

VII OPEN DISCUSSION Commissioner Paladino brought up the December Christmas

meeting It wassuggested that each member pay Mr Paladino will chair this meeting Ms

Marques will be asked if she can prepare food for the meeting

VIII ADJOURNMENT

Motion by Commissioner Pylar seconded by Commissioner Miller to adjourn the meeting at

pm

Ayes AllAbsent Ketelhut Nicholson Sciuto

THE PRECEDING MINUTES ARE A SYNOPSIS OF A PARKS AND RECREATION MEETING

AND DO NOT REPRESENT A VERBATIM RECORD

THE NEXT REGULARLY SCHEDULED MEETING WILL BE HELD

THURSDAY OCTOBER AT PM

Parks Recreation CommissionSeptember

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MINUTES

OF THE CITY OF ST CLAIR SHORES

POLICE FIRE PENSION BOARD MEETING

Thursday August

PRESENT

Trustees James Haddad Chairman

Timothy P Haney Vice Chair

Debora Rowe Arrived at pm

ABSENT EXCUSED Joseph ChomiakCandice B Rusie

ALSO PRESENT

Tom Michaud Legal Counsel

Timothy Brice Investment Consultant

Kathy Peck Recording Secretary

Call to Order

Chairman Haddad called the meeting to order at pm A quorum was not present at the time and

items were taken out of order

New Business

a Quarterly Report Ending June Mr BriceMr Brice distributed and discussed articles dealing with the market which cannot deal with uncertaintytherefore touching off more volatility Recently from one Monday to the next the market fluctuated wildlybut actually changed zero points If one were to have immediately reacted and pulled out they would

have ended up losing because they would have missed the recovery Mr Brice noted many companiesare seeing their hours move up which can be viewed as a positive Earnings are not slowing down but

companies are holding on to their money due to the uncertainty with Washington Most indicators have

been very good not perfect but not pointing to a screeching halt to the economy The Fed recently said

they are keeping the rates at the bottom for two years and bonds are not good now causing a lot of panicand emotion The global economy is worrisome and there will still be volatility until we get through this

There was volatility in and we continue to have the same worries The d quarter did not do as well

as the if one did not go more defensive on investments Loomis Lord Abbett and PIMCO got off to a

rough start in the d quarter but the July updates show Loomis matched its benchmark and Lord Abbett

and PIMCO were up NWQ has fallen behind and might be a good manager to bring in to the next

meeting They have relied on owning energy and materials it has been a while since we have seen them

Ms Rusie sent a message to the Board that she was stuck in traffic Ms Rowe arrived at pm

Neuberger was a major disappointment Mr Brice suggested that they should provide monthly updates to

the Board This should have been the exact kind ofquarter when you see volatility in the market that a

manager like them should hold up really well More defensive managers may not have done as well in

and but it is paying off in Smaller and lower quality stocks tended to do better for

awhile but things are turning over and people are looking at those that are a little larger and more

fundamentally sound This should work well with our managers although NWQ may still be too reliant on

economically sensitive names in their portfolio They typically have been a defensive manager but have

not shown that recently Mr Brice expects to see negative numbers for thed quarter good relative

performance but not great absolute performance

Mr Haney moved and Ms Rowe seconded approval to receive and file the Quarterly Report ending June

Police Fire Pension Board MeetingAugust

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Ayes All

Absent Chomiak Rusie

Motion carried

Mr Haney moved and Ms Rowe seconded approval to excuse Joseph Chomiak from todays meetingAugust

Ayes All

Absent Chomiak Rusie

Motion carried

Approval of Consent Aeenda ItemsMr Michaud asked that the Item b Invoice be removed from Consent Agenda as it was sent to the wrongboard

Mr Haney moved and Ms Rowe seconded approval of the Consent Agenda items a and c which include

the followinga Minutes of Julyc Receive and File Purchase of Time Requests Benando Borgacz DesMadryl Hanna

Krotche Nichols Schmueser Thompson Witt and Schwabe

Ayes All

Absent Chomiak Rusie

Motion carried

Unfinished Business

a Attorney Policy Review

Election Procedures

Chairman Haddad informed Mr Michaud that Police Fire handle their elections themselves which differs

from the draft procedure that wasprepared Each department has language within their own unions to

cover the election policies and procedures Mr Michaud asked that the Retirement Board request a copyofthe Police Fire processes to get their representatives on this Board so he can incorporate it into this

policy Iftheir policies or bylaws do not deal with issues such as tie breakers Mr Michaud suggested that

they be included in our draft and sent back to the Police Fire representatives for their review The

situations happen numerous times and the Board should anticipate the questions before they become an

issue

Correction ofErrors OverpaymentsjUnderpaymentsThis is not in anticipation that there would be errors this policy deals with the process on recoupingmonies should errors be made

Ms Rowe moved and Mr Haney seconded approval to adopt the resolution as presented which reads

as follows

CITY OF ST CLAIR SHORES POLICE AND FIRE RETIREMENT SYSTEM

POLICY AND PROCEDURE

Adopted AugustRe Correction ofErrors OverpaymentsUnderpayments

WHEREAS the Board of Trustees of the City of St Clair Shores Police and Fire Retirement Systemhereinafter the Board of Trustees is vested with the authority and fiduciary responsibility for the

proper administration management and operation of the City of St Clair Shores Police and Fire

Retirement System hereinafter the Retirement System and

WHEREAS the Board of Trustees acknowledges its fiduciary obligation to ensure that retirees receive all

Police Fire Pension Board MeetingAugust

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the benefits to which they are entitled under the plan provisions no more and no less and

WHEREAS the Board of Trustees recognizes that in the event of an overpayment or underpayment of

retirement benefits due to an error the Board of Trustees has a duty to correct the error and as far as is

practicable to adjust the payment in such a manner that the actuarial equivalent of the benefit to which

the member retiree or beneficiary was correctly entitled is paid and therefore the Board of Trustees

does not have the authority to waive the correction under any circumstances and

WHEREAS the Board of Trustees recognizes the term practicable simply means that which is

performable feasible possible or capable of being accomplished or done and

WHEREAS the Board ofTrustees recognizes the term actuarial equivalent as being an amount which

is actuarially equal or alike in value which may include adjustments through the use of lump sum

payments modified payments for a term certain or permanent adjustments over an individuals

actuarial life expectancy at the time of retirement and

WHEREAS the Board of Trustees has discussed this matter with its Legal Counsel and has determined

that it is in the best interest of the Retirement System to establish a payment policy and procedure for

correction of errors therefore be it

RESOLVED that upon discovery of an underpayment in benefits the Board of Trustees shall provide the

retiree or beneficiary with notification of the underpayment as well as the following repaymentoptions as established by the Board of Trustees a a retroactive lump sum payment without interestor b if the underpayment is greater than a permanent actuarial adjustment over the life of

the retiree or beneficiary consistent with the form of benefit elected at the time of retirement and be it

furtherRESOLVED that in the event the retiree or beneficiary fails to select their benefit payment option within

sixty days the Board ofTrustees in its sole discretion may select an appropriate option and direct

payment ofbenefits accordingly and further

RESOLVED that upon discovery of an overpayment the Board of Trustees shall provide the retiree or

beneficiary with a notification of the overpayment which explains the nature and amount of the

overpayment as well as the repayment options as established by the Board of Trustees and set forth

herein and further

RESOLVED that the Board of Trustees hereby establishes that the repayment of overpayments of

retirement benefits shall be determined by the Board of Trustees in each instance consistent with the

following

Where the overpayment has occurred via a lump sum payment or increased monthlyretirement benefits over a period of time as a result of clerical error through no fault of

the retiree or beneficiary repayment with no payment of interest shall occur via a a

lump sum payment within ninety days of the date of the Retirement Systemsnotification to the retiree or beneficiary of the overpayment or b adjustment in

monthly retirement benefits over a time period not to exceed two years

Retirees or beneficiaries who have received an overpayment in an amount greater than

through a clerical error which was not the fault of the retiree or the

beneficiary may elect to have all future retirement benefits permanently reduced so

that the actuarial present value of actual payments to the recipient is equal to the

actuarial present value of the benefit to which such person was correctly entitled It is

understood that such actuarial adjustment calculation shall include interest at the

actuarially assumed rate and shall be adjusted over the lifetime of the retiree or

beneficiary based upon the form ofbenefit elected at the time of retirement

Where the overpayment has occurred via increased monthly retirement benefits over a

period of time or a lump sum payment as a result of clerical error through the fault of

the retiree or beneficiary repayment with interest at the actuarially assumed rate of

return shall occur in the following manner in the sole discretion of the Board of

Trustees a lump sum payment within ninety days of the date of the Retirement

Police Fire Pension Board MeetingAugust

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Systemsnotification to the retiree or beneficiary of the overpayment or b an adjustmentin or suspension of monthly retirement benefits over a specified period time until full

repayment

Overpayments made as a result of fraud or intentional misrepresentation shall be

prosecuted to the full extent of the law

The Board of Trustees in its sole discretion reserves the right to amend modifysupplement or waive any of the foregoing provisions based upon the circumstances in each

instance

RESOLVED the retiree or beneficiary shall have thirty days from the date of the notification of

overpayment to select one of the Board of Trustees indicated repayment options and further

RESOLVED that failure of the retiree or beneficiary to select a repayment option will result in the

overpayment being recouped in such manner as the Board of Trustees in its sole discretion may select and

further

RESOLVED that a copy of this resolution shall be forwarded to applicable retirees beneficiaries and other

appropriate partiesAyes All

Absent Chomiak Rusie

Motion carried

Retiree Verification Policy and Procedures Mr MichaudMr Michaud stated this is a one page straightforward information policy to verify if retirees are still alive or not

and to ensure that the beneficiaries information is uptodate and that life circumstances have not changedThis will also verify pension information and addresses It is important to note that if the retiree receives a

direct deposit pension payment and is deceased acosigner who may be using the money may not have an

incentive to notify the Retirement Board of the death Situations such as this have cost other pension systemsas much as The bank also verifies Social Security numbers but this would be a crosscheck to the

system By adopting this policy the Board is demonstrating its intent to be proactive and prevent fraud

Discussion took place regarding the questionnaire and when to send it Mr Michaud suggested picking a month

and every year retirees will know when to expect it It was suggested that the verification letter be sent out to

the Police and Fire retirees along with the annual retiree survey mailed each September

Ms Rowe moved and MrHaney seconded approval to adopt the resolution as presented which reads as

follows

POLICY RESOLUTION

Re Retiree Verification Policy and ProceduresAdopted August

WHEREAS the Board of Trustees is vested with the general administration management and operation of

the Retirement System and has fiduciary responsibilities relative to the proper administration of the pensiontrust fund and

WHEREAS the Board is of the opinion that it is in the best interests of the members and beneficiaries ofthe

Retirement System to continually monitor and verify the status of its current retirees and

WHEREAS the Board has reviewed its current processes and has determined that it is in the best interests of

the Retirement System its retirees beneficiaries and members to adopt this formal policy and proceduresfor the Verification of Retiree and Beneficiary Information therefore be it

RESOLVED that the Board hereby adopts the following Retiree Verification Policy and Procedures with the

Police Fire Pension Board MeetingAugust

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referenced forms

RETIREE VERIFICATION POLICY AND PROCEDURES

The Board will forward to all retirees of the Retirement System annually in the month of Septembera letter including a Retiree Information Verification Form addressing certain information vital to the

ongoing proper administration of the Retirement System

The Retirement System Secretary will ensure that the letters are mailed to the retirees each year and

will process the information when it is returned

The information provided by the retirees and beneficiaries as a result of the Retiree Information

Verification Form will be kept confidential to the full extent allowed by law

If a retiree or beneficiary fails to return the Retiree Information Verification Form within thirtydays of the date of the letter mailing it a second notice will be sent to the retiree If the second

notice is not returned to the Board within thirty days then the Board will send a final notice to

the retiree If the final notice is not returned to the Board within fifteen days then the Board

may suspend or terminate the retireesor beneficiaryspension benefit and

RESOLVED that the Board hereby adopts the attached Retiree Verification Form and the Draft letters

forwarding the form and

RESOLVED that copies of this resolution be sent to all interested parties

Police Fire Pension Board MeetingAugust

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On Retirement System Letterhead

DATE

FIRST NOTICE

Dear RetireeBeneficiary

Our records indicate that you are a recipient of a pension through the City of St Clair Shores Police

and Fire Retirement System The Board ofTrustees of the City ofSt Clair Shores Police and Fire Retirement

System wishes to verify that you are receiving a monthly pension check from the Retirement SystemsCustodial Bank If you are the retiree and you named a beneficiary the beneficiary must also sign where

indicated below Failure to complete and return this form within thirty days may result in the

suspension or termination ofyour benefits

The Board of Trustees will treat the information you provided as confidential to the full extent

allowed by law This information is necessary for the continued proper operation of your Retirement

System

Please complete the attached form as indicated below and return it in the enclosed stampedreturn envelope provided for your convenience

Thank you in advance for your prompt response within thirty days of this later

If you have any questions please contact the Retirement System at

Sincerely

James Haddad Chairman

Police Fire Pension Board MeetingAugust

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On Retirement System letterhead

DATE

SECOND NOTICE

Dear RetireeBeneficiary

Our records indicate that you are a recipient ofa pension through the City of St Clair Shores Police

and Fire Retirement System The Board ofTrustees of the City ofSt Clair Shores Police and Fire Retirement

System wishes to verify that you are receiving a monthly pension check from the Retirement SystemsCustodial Bank Our records also indicate that the attached form and a First Notice were mailed to you on

INSERT DATE OF FIRST NOTICE If you are the retiree and you named a beneficiary the beneficiary must

also sign where indicated below Failure to complete and return this form within thirty days may result

in the suspension or termination of your benefits

The Board of Trustees will treat the information you provided as confidential to the full extent

allowed by law This information is necessary for the continued proper operation of your Retirement

System

Please complete the attached form as indicated below and return it in the enclosed stampedreturn envelope provided for your convenience

Thank you in advance for your prompt response within thirty days of this later

If you have any questions please contact the Retirement System at

Sincerely

James Haddad Chairman

Police Fire Pension Board MeetingAugust

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On Retirement System Letterhead

DATE

FINAL NOTICE

Dear RetireeBeneficiary

Please be advised that our records indicate that the attached form and a First Notice weremailed to

you on INSERT DATE OF FIRST NOTICE Because the form was not returned the form and a Second Notice

were mailed to you on INSERT DATE OF SECOND NOTICE Accordingly this is the final notice that will be

provided

The Board of Trustees will treat the information you provided as confidential to the full extent

allowed by law This information is necessary for the continued proper operation of your Retirement

System

Please complete the attached form as indicated below and return it in the enclosed stampedreturn envelope provided for your convenience

benefit

If you do not respond within fifteen days of this later we may suspend your monthly pension

If you have any questions please contact the Retirement System at

Sincerely

James Haddad Chairman

Police Fire Pension Board MeetingAugust

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CITY OF ST CLAIR SHORES POLICE AND FIRE RETIREMENT SYSTEM

RETIREE INFORMATION VERIFICATION FORM

Please complete this form as indicated below and return it in the enclosed stamped return envelopeprovided for your convenience

G If you are a retiree who is receiving a monthly pension check please indicate with a D mark

RetireesTrue Legal Name

RetireesSocial Security Number

RetireesCurrent Address

BeneficiarysTrue Legal Name

BeneficiarysSocial Security Number

BeneficiarysCurrent Address

RetireesCurrent Telephone Number BeneficiarysCurrent Telephone Number

Effective Date of Retirement

G If there has been a change in your marital status please indicate with a D mark and answer the

following questions

RetireesSpousesName

Please choose one of the following by indicating your choice with a mark

G Divorce

G Death of SpouseG MarriageRemarriage

Please choose one ofthe following by indicating your choice with a D mark

G Regular Retirement

G Option I

G Option II

G Surviving SpouseG Duty DisabilityG NonDuty DisabilityG Duty Death

G NonDuty Death

If you are receiving a disability retirement has there been a change in your ability to return to your

employment please choose one of the following by indicating your choice with a mark

G Yes please explain

Police Fire Pension Board MeetingAugust

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G No

If you are receiving a disability retirement please provide the name and address of your physician

If you are receiving workerscompensation benefits including but not limited to second injury and

supplemental fund benefits write on the line below the current monthly amount benefits you are

receiving

Monthly Work Comp Benefit

G If you are the beneficiary who is receiving a monthly pension check please indicate with a mark

Beneficiarys True Legal Name BeneficiarysCurrent Telephone Number

BeneficiarysSocial Security Number

BeneficiarysCurrent Address BeneficiarysSignature Date

G If you are responsible for the abovenamed retiree andor beneficiary and have a Power of

Attorney over him or her then please indicate with a mark sign below and forward a copy of the Power of

Attorney with this document

for

Power of Attorney Signature RetireesName

True Legal Name of Individual BeneficiarysSignature Date

with Power ofAttorney

I acknowledge that this information is true and accurate and is presented under penalties of perjury

Signature of Retiree Receiving Benefits

Printed Name

Date

Police Fire Pension Board MeetingAugust

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Witness signature

Printed Name

Date

Ayes All

Absent Chomiak Rusie

Motion carried

The Board had also talked about a Records Retention Policv This policy is very specific and a chart on pageshows specifically retirement related items with the minimum retention period listed Ordinances collective

bargaining agreements and travel expense records should always be kept There is a bill pending that will

require travel records be kept for years We have a policy and keep expense reports for seven years which

allows us to keep ahead of the curve Space can become an issue at some point and this policy can be used as a

guide This can be used as a roadmap to cleaning out records While it does not say you need to destroyrecords it suggests if you are going to destroy records make sure it is done properly and they are kept longenough The state will be asking for expense reports and information as to how we keep records We can send

the form and let them know our policy Mr Michaud feels this would be a good thing to do and offers this

policy up for adoption as well

Mr Haney moved and Ms Rusie seconded approval to adopt the resolution as presented which reads as

follows

RETIREMENT SYSTEM

POLICY RESOLUTION

Adopted AugustRE Record Retention and Disposal Schedule

WHEREAS the Board ofTrustees of the Retirement System is vested with the responsibility to manage and

maintain the records of the Retirement System and

WHEREAS as custodian of the records the Board recognizes its duty to ensure that Retirement Systemrecords are retained in a secure manner which allows for relative ease of retrievalaccessibility as well as

protects the confidentiality of Retirement System member and beneficiary information and

WHEREAS the Board has previously adopted a Record Retention Policy on May which sets out the

procedures and guidelines for maintaining and managing Retirement System records and

WHEREAS in accordance with its Record Retention Policy the Board has determined that it is in the best

interest of the Retirement System to establish a formal Record Retention and Disposal Schedule to properlybalance the foregoing considerations with the need to efficiently and cost effectively manage the records of

the Retirement System therefore be it

RESOLVED that the Board hereby adopts the following Record Retention and Disposal Schedule with regardto public records of the Retirement System

MINIMUM RETENTION PERIOD RECORD SERIES

Permanent Retirement Plan documentationie Charter Ordinancecollective bargaining agreements etc Board meetingminutes Board meeting agendas Board ResolutionsRetirement SystemBoard policies Annual audits Annual

Police Fire Pension Board MeetingAugustPage of

actuarial valuations Annual Custodial Bank statementsLegal opinions Correspondence establishing policy

Fiscal Year Years General Ledger Payment Records Invoices Investment

Performance Reports and Analysis prepared by the

Retirement SystemsInvestment Consultant andorInvestment Managers Summary Annual Reports Trustee

ConferenceSeminar registration materials Trustee

Expense reports

TerminationExpirationDeath Years Service Provider contracts Bids quotes and proposalsawarded EmployeeRetiree pension files All other

Contracts Leases and AgreementsYears General correspondence Bids quotes and proposals not

awardedYear Day Closed Session meeting minutes Board meeting notices

Freedom of Information Act Requests and Responses

Upon approval of written minutes Audio recordingsofBoard meetings

and be it further

RESOLVED that the foregoing Retention and Disposal Schedule is applicable to public records which are

defined as a writing prepared owned used in the possession of or retained by the Retirement System in

the performance of an official function from the time it is created and be it further

RESOLVED that writing shall include handwriting typewriting printing photostating photographingphotocopying and every other means of recording including but not limited to letters words picturessounds symbols papers maps magnetic or paper tapes photographic films or prints microfilm microfichemagnetic or punched cards discs drums or other means of recording or retaining meaningful content and

be it further

RESOLVED that this Retention and Disposal Schedule shall be administered in accordance with the

Retirement SystemsRecord Retention Policy the Michigan Freedom of Information Act MCL et

seq and other applicable laws and be it further

RESOLVED in administering its Record Retention Policy and this Retention and Disposal Schedule the Board

of Trustees and its representatives recognize that certain Retirement System recordsie closed session

minutes disability retirement applications disability retirement and medical records legal opinions and

employeeretireebeneficiary personal information are to be kept in a lockedsecure location and be it

further

RESOLVED that copies of this Record Retention and Disposal Schedule shall be made available to all

interested partiesAyes All

Absent Chomiak Rusie

Chairman Haddad asked about the auditor letter contained in the packets He was informed that this is a

formality The auditor needs to know if someone was being sued and if there was a liability

A letter signed by Mr Smith Acting City Manager and Mr Krotche president of SCSFFU Local was

submitted to the Retirement System to clarify verbiage regarding the purchase of time

Mr Haney moved and Ms Rusie seconded approval to receive and file the letter dated Augustsigned by Mr Smith and Mr Krotche relative to the purchase of time

Ayes All

Absent Chomiak Rusie

Police Fire Pension Board MeetingAugust

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Other Business to Come before the BoardMr Michaud stated Mr Haddad did a fine job in mediation They will keep the board updated

Audience Participation None

Adjournment

Mr Haney moved and Ms Rowe seconded approval to adjourn the meeting

Ayes All

Motion carried The meeting adjourned at pm

Police Fire Pension Board MeetingAugust

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MINUTES

OF THE CITY pF ST CLAIR SHORES

POLICE FIRE PENSION BOARD MEETING

Thursday September

PRESENT

Trustees James Haddad Chairman

Timothy P Haney Vice Chair

Joseph Chomiak

Debora Rowe

Candice B Rusie

ALSO PRESENT

Lisa George NWQfNuveen Investments

Thomas Michaud Legal Counsel

Timothy Brice Investment Consultant

Kathy Peck Recording Secretary

Call to Order

Chairman Haddad called the meeting to order at pmand a quorum was present

Approval of Consent Aeenda Items

MrChomiak moved and Ms Rowe seconded approval ofthe Consent Agenda items a gwhich include the

followinga Minutes of Augustb Invoices as of September which read as follows

Merrill LynchLoomisGMerrill LynchLoomisGMerrill LynchWinslowGMerrill LynchWinslowG

Total

c Authorized Signers List Update for Comerica Bank

d Receive and File Application for Retirement for Fire Marshal John C Hezjae Receive and File Purchase of Time for Paul Mazzara

f Request for Approval of Annuity Withdrawals for John Brazil Michael Joye Craig MeldrumTim Bobcean Ted Ford Larry Samyn David Fabbri and Mark Widman

g Receive and File Final Retirement Calculations for John Brazil Michael Joye Craig MeldrumTed Ford Tim Bobcean David Fabbri Larry Samyn and Mark Widman

Ayes All

Motion carried

New Business

a Presentation NWQ Large Cap Value EquityMr Brice stated that at the last meeting it wasdecided to bring in NWQ who is ahead of their benchmark

quarter to date and slightly trailing year to date Recently they have struggled in financial services and energyArticles speaking to volatility were distributed He noted that today in Germany they passed a cohesive plan to

help out the European debt In our country unemployment claims are significantly lower It will be helpful to

hear from NWQ and get their take on where the economy and the market are headed Lisa George NWQacknowledged that it has been awhile since NWQ has been in She reported that there have been no changesat their portfolio or corporate level Ms George went over the Performance Review noting they have lost some

Police Fire Pension Board MeetingSeptember

Page of

money this year but still have managed to make the Board Ms George offered to send this latest

information and Mr Haddad asked her to please do so Top contributors to the portfolio yeartodate are

Motorola Mobility Holdings Viacom Inc and Pfizer Their bottom contributors were Citigroup Inc GenworthFinancial and Metlife Inc Year to date through August the benchmark was and the portfolio wasdown

Technology stocks inside ofthe benchmark produced a return of and really underperformed howeverour stocks were up This means tech stocks were in a bad place and they were overweight which normallydoes not help Their stock selection trumped their overweight which helped overcome the overweightConsumer Discretionary performed okay relative to the benchmark it was only down and again stock

selection trumped it and got it to a positive v This did not work in Producer Durables which was

almost flat

Motorola was the best performer They split into two independent companies earlier this year Motorola

Solutions is focusing ontwoway radios public safety equipment Motorola Mobility deals with handsets and

cable products wireless devices Early this year their stock went up but in February and March declined

because people worried about increased competition In August stock jumped because Motorola Mobility has

patents and Google thought it would help them against threats from Apple and Microsoft Motorola went

from their worst performer to their best Viacom Advertising has been good and helps post solid ratingsPfizer has a new arthritis drug

Financials and energy have not been working Integrated oil companies did better this year but NWQ does not

own any of them Financials have been a big sore spot which is no surprise because there has been a lot of

concern over the sovereign debt crisis future regulations and requirements negative sentiment and expectedcapital hire requirements All of this will dampen future growth and profitability The continued low interest

rates also put a damper on returns Unlike there is not a mortgage backed ticking time bomb US

companies are in much better shape than in and are trading at attractive valuations NWQ buys bargaincompanies that offer reasons to own now although just because a company is cheap is not reason enough to

own them If you look at valuations they are trading at book value however in the case of Genworth the

scare here is the uptick in foreclosures is still dragging here and Genworth is in mortgage insurance Their

management finally gets it and is not afraid to sell international assets to help shore up their balance sheet

trading at times book value so there is not a lot of downside at this time Met fife is sitting on tons of cash

leaving investors frustrated because they have not deployed cash They bought Allico and it is already adding to

earnings They are hoping to see that this company will do some share buy backs The government boughtbillion of long term bonds and that hedge worked out for them Citi Group is still on track getting rid of

troubled assets and has done significant improvement increasing its liquidity

Ms George discussed Sector Weights and noted that they look different from the benchmark As a manager

they want to create alpha they are aware of the benchmark but not driven by it They are a bottom up

manager They focus on individual companies first They feel we cannot control economic politicalenvironment or Mother Nature but they can control the kind of homework they do on organizations that end

up inside our portfolio That is what drives different allocations and sectors finding good opportunities in

health care at a good bargain with a reason to own and not making sector calls Ms George thanked the Board

for its patience and stated NWQ has a long term track record running this portfolio for years They have

beaten the benchmark out of the last years She feels the Board would be hard pressed to find other

managers with this track record Mr Brice asked how NWQ views the likelihood of a double dip recession and

default over in Europe Ms George replied it is a tough question because their firm does not have an economist

and are a bottom up style however they are mindful of the situation When you have these crises there is

always opportunity to add or subtract based on weakness or price appreciation there are companies that getthrown out with the bathwater and considered guilty by association but fundamentally there is nothing wrongwith them Ms George thinks there will be continued volatility that might be the new norm It is important to

be able to execute quickly NWQ only holds stocks their range is from a very concentrated portfolioton Bosse Chief Investment Officer and Senior Portfolio Manager likes companies that offer attractive

valuations have a good downside significant cash flow and clean balance sheets and can weather challenging

Police Fire Pension Board MeetingSeptember

Page of

environments One can expect the portfolio will correlate with volatility in the market place Ms George thinks

the double dip recession will be avoided Ms George left the meeting

Mr Brice commented on the positives with NWQthere were no changes in their organization or philosophyand there have been improvements in their performance lately Questions were answered fairly NWQ does

not look at things by looking at the economy They look at stock by stock fundamentally based This should be

a time that will favor their style Since inception it would be difficult to find a better track record than theirs

Unfinished Business

a Attorney Policy Review

Mr Michaud stated the policy review continues to be a project although we have accomplished a lot from the

list The Election Policy is pending Discussion took place about the retiree verifications Letters went out last

month and Mr Michaud will work with Chairman Haddad to respond to inquiries regarding the surveyspurpose The surveysintent is to verify that the retiree andjor beneficiary is still alive Retirees can rest

assured that the information collected will continue to be private The Board is only required to pay pensionsthat retirees andjor beneficiaries are entitled to and if the Board cannot verify that they are alive pensionsshould be suspended until that information can be verified The Board cannot take away retirees pensions but

pensions could be suspended after several attempts are made at collecting the information with no responseThis is acting in the best interest of the retirement system Ifsuspended the money would be held in escrow

until the Board can verify that the retireebeneficiary is alive Aftera year or two retirees will come to expectthe survey

Other Business to Come before the Board Receive and File Litigation Report

Chairman Haddad asked about Motorola Additional hearings are still scheduled and future discussion will

follow

Mr Haney moved and Ms Rusie seconded approval to receive and file the Litigation ReportAyes All

Motion carried

Bill that deals with health care for public employees wassigned into law a few days ago This may affect

some retirement systems Mr Michaud anticipates that the Michigan Supreme Court will decide about the

constitutionality of the taxing of pension benefits at the state level which may impact the way pension benefits

are administered with respect to holdings The law currently is effective January and people may want

to change their tax liability This might go away depending on how the Supreme Court rules Some bills

proposed may exempt police officers and retirees Railroad workers got exempt and so did teachers

Mr Haney stated that the financial reporting is horrible under the consults program The yearend statements

have been inaccurate for the past two years and we may need to get away from using the consults programChairman Haddad added that the Board chose to go that way because it is supposed to be a moneysaver and

easier for us Mr Haney was referring to custodianship and statements Mr Brice replied that his office has

worked to try and clear problems up and continues to work toward that end There have been frustrations and

he is puzzled because they do not nearly have the problems with any other public funds They are trying to

double their efforts to make sure this does not happen They have had multiple special meetings and he

apologized for the inconvenience caused to Mr Haney and his staff He assured him that it is their top priorityto make sure there are no issues going forward Sterling Heights is one of their clients on this same programand they have no problems Mr Haney added that St Clair Shores uses Morgan Stanley on the General Pension

side and has no problems with financial reporting Mr Brice replied that the amount of class actions may be

different The consults program has helped get managers and saves on fees and trading Mr Brice does feel

the problem is fixable They will make every effort to alleviate these issues Mr Haney agreed to give them a

little more time to correct the problem He noted they are still waiting on the June accurate

Police Fire Pension Board MeetingSeptember

Page of

statement which was supposed to be in the mail but has not yet arrived The auditors are almost done Mr

Brice will check on it

Audience Participation None

Adjournment

Ms Rowe asked to be excused from the October meeting

Mr Haney moved and Ms Rusie seconded approval to adjourn the meeting

Ayes All

Motion carried The meeting adjourned at pm

Police Fire Pension Board MeetingSeptember

Page of

MINUTES

OF THE CITY OF ST CLAIR SHORES

POLICE FIRE RETIREE HEALTH CARE TRUST BOARD

Thursday August

PRESENT

Trustees James Haddad Chairman

Timothy P Haney Vice Chairman

Debora Rowe

ABSENT EXCUSED Joseph Chomiak

Candice B Rusie

ALSO PRESENT

Thomas Michaud legal Counsel

Timothy Brice Investment Consultant

Kathy Peck Recording Secretary

Call to Order

Chairman Haddad called the meeting to order at pm A quorum was present

Mr Haney moved and Ms Rowe seconded approval to excuse Joseph Chomiak and Candice Rusie from todaysmeeting August

Ayes All

Absent Chomiak Rusie

Motion carried

Approval ofConsent Aeenda Items

Ms Rowe moved and Mr Chomiak seconded approval ofthe Consent Agenda itemsab which include the

followinga Minutes ofJulyb Invoices There werenone

Ayes All

Nays None

Motion carried

New Business

a Quarterly Report Ending June Mr Brice

Mr Brice reviewed the portfolio The St quarter was up but some managers were caught off guard a bit in the

d quarter when the market went the other way TCWsperformance has been good but their style does not

play well in a more defensive market They will continue to be watched and perhaps invited to a future meetingNeuberger is improving and is expected to outperform the benchmark this market should favor their style

Earnest Partners Invesco and MFS have had good updates through July

A close watch will be kept on Neuberger and TCW and both may be invited in during the tn quarter

Unfinished Business There was none

Other business to properly come before the Board There was none

Police Fire Retiree Health Care Trust Board

AugustPage of

Audience participation There was none

Adiournment

MrHaney moved and Ms Rowe seconded approval to adjourn the meeting

Ayes All

Nays None

Motion carried The meeting adjourned at pm

Police Fire Retiree Health Care Trust Board

AugustPage of

MINUTES

OF THE CITY OF ST CLAIR SHORES

POLICE FIRE RETIREE HEALTH CARE TRUST BOARD

Thursday September

PRESENT

Trustees James Haddad Chairman

Timothy P Haney Vice Chairman

Joseph Chomiak

Debora Rowe

Candice B Rusie

ALSO PRESENT

Thomas Michaud Legal Counsel

Timothy Brice Investment Consultant

Kathy Peck Recording Secretary

Call to Order

Chairman Haddad called the meeting to order at pm A quorum was present

Approval of Consent Aeenda Items

MrChomiak moved and Ms Rowe seconded approval of the Consent Agenda items ab which include the

followinga Minutes of Augustb Invoices as of September which read as follows

jjMerrill LynchLoomisMerrill LynchLoomis

Total

Ayes All

Motion carried

New Business Receive and File Citv ofStClair Shores Police Fire Retiree Health Care Plan Actuarial

Valuation Report as of June

Mr Haney stated the actuaries analysis of our health care plan wasdistributed and offered to invite the actuaryto the next meeting This analysis is required every otheryear Mr Michaud would recommend bringing them

in especially since we pay for the service Mr Haney would not expect the funded ratio increase to continue

because this is not being funded right now The arc even though it is not being funded went from million to

million which is an actuarial required contribution On a pay as you go basis costs will continue to rise New

employees are putting into the fund which is a little help Every dollar counts Chairman Haddad stated the

Board will have time to digest this and the actuary will be at the next meeting

Mr Chomiak moved and Mr Haney seconded approval to Receive and File the City of St Clair Shores Police Fire

Retiree Health Care Plan Actuarial Valuation Report as of June

Ayes All

Motion carried

Unfinished BusinessThere was none

Police Fire Retiree Health Care Trust Board

SeptemberPage of

Other business to properly come before the Board There was none

Audience participation There was none

Adjournment

Mr Haney moved and Ms Rowe seconded approval to adjourn the meeting

Ayes Aft

Nays None

Motion carried The meeting adjourned at pm

The next meeting will be held October The November and December meetings will be consolidated

and held December

Police Fire Retiree Health Care Trust Board

SeptemberPage of

MINUTESCITY OF ST CLAIR SHORES

COUNCIL SUBCOMMITTEE ON BOARDS COMMITTEES COMMISSIONS

August

PRESENT Council Members Frederick Rusie and Walby

ALSO PRESENT City Clerk Kotowski Joe St John Waterfront Environmental Committee Member and

Recording Secretary Fournier

CALL TO ORDER

Mr Walby called the meeting to order pmand a quorum was present

APPROVAL OF MINUTES OF JUNE

Motion by Frederick seconded by Rusie to approve the minutes of June as presented

Ayes All

INTERVIEWS FOR THE COOL CITIES COMMITTEE

The CouncilSubCommittee on Boards Committees Gommissions met with the following applicants for two regularvacancies and one alternate vacancy on the Cool Cities Committee Henry Castro Christian deRon ChristianKoehler and Liz Rohan Each applicant presented their relative background Additional discussion was held with MrdeRon to inquire about his potential interest in filling a vacant seat on the Waterfront Environmental Committee

Mr Walby explained to each applicant that the Cool Cities Committee meets the second Tuesday of each month at

pmat City Hall Ms Rusie described some of the items and events that Cool Cites is responsible for such as

bike racks recycle containers and an upcoming Pub Crawl

Mr Walby explained that recommendations for filling the vacant seats will be presented to Mayor and Council at their

September meeting

Motion by Rusie supported by Frederick to recommend to Mayor and Council the following appointments tothe Cool Cities Committee and the newly created Waterfront Environmental Committee seat Henry CastroCool Cities term ending Liz Rohan Cool Cities term ending Christian Koehler CoolCities Alternate term ending and Christian deRon Waterfront Environmental Committee term

ending

Ayes All

RESIGNATONSNACANCIESNEWAPPLICATIONS

a Resignations

Motion by Frederick seconded by Rusie to receive and file with regret the following resignations

Joe Backus Ethics Committee

Mary Jane Marrone Cool Cities Committee

Ann Pridemore General Employees Pension Board elected by members of System

Ayes All

b Review of Vacancies

The listing of committeescommissions with vacant seats was reviewed The openings on the St Clair ShoresMemorial Day Parade Committee and Waterfront Environmental Committee was discussed

c Review of New Applications

New applications received after last meeting

Council SubCommittee on Boards August Page ofCommittees and Commissions

Cynthia Gardner Cultural CommissionEllen Montgomery Memorial Parade CommitteeAlan Loncar Planning Commission Zoning Board of Appeals Board of Canvassers Board of Review ParksRecreation Commission

Mr Walby requested that Ms Kotowski invite the following applicants to the September meeting of theCouncil SubCommittee on Boards Committees and Commissions to be interviewed for the St Clair ShoresMemorial Day Parade Committee and the Cultural Committee

St Clair Shores Memorial Dav Parade Committee Cultural CommitteeJudi Layne Cynthia GardnerLinda LoGrassoGreen Rosemary WoontonPatricia McGillenEllen MontgomeryJamie Victory

d Reappointments to Election Commission and General Employees Pension Board and General

Employees Retiree Health Care Trust Board

Expirations Term Ending Date

ELECTION COMMISSION

Carpenter Denise MayDescamps Grace MayIhrie Robert MayKotowski Mary MaySlater Metta L May

General Employees Pension Board

Schoof Kenneth June

General Employees Retiree Health Care Trust BoardSchoof Kenneth June

Motion by Rusie supported by Frederick to recommend to Mayor and Council the reappointments of Denise

Carpenter Grace Descamps Robert Ihrie Mary Kotowski and Metta Slater to the Election Commission term

ending date May and to recommend to Mayor and Council the reappointment of Kenneth Schoof tothe General Employees Pension Board and the General Employees Retiree Health Care Trust Board bothterm ending dates June

Ayes All

OLD BUSINESS

Attendance Reports for Activities Committee Cultural Committee Housing Gommission Parks RecreationCommission and Planning Commission

Mr Walby requested more time to review the attendance reports Ms Kotowski will include this item for discussion atthe September meeting of the Council SubGommittee on Boards Committees and Commissions

NEW BUSINESS

Request from St Clair Shores Memorial Day Parade Committee to increase membership to andalternates

Mr Walby requested that an announcement be made at the September City Council meeting that the

applicants will be contacted by Ms Kotowski for interviews to take place at the September meeting of theSubCommittee on Boards Committees and Commissions

Motion by Walby supported by Frederick to increase the number of members for the St Clair ShoresMemorial Day Parade Committee to and alternates from voting members and alternates

Council SubCommittee on Boards August Page of

Committees and Commissions

Ayes All

PUBLIC COMMENTS

None

ADJOURNMENT

Motion by Fredricks seconded by Rusie to adjourn the meeting at pm

Ayes All

Prepared byCathy Fournier

Recording Secretary

Reviewed byMary A Kotowski

City Clerk

Council SubCommittee on Boards August Page ofCommittees and Commissions

ST CLAIR SHORES WATERFRONT ENVIRONMENTAL COMMITTEESEPTEMBER MONTHLY MEETING MINUTES

TUESDAY SEPTEMBER PM IN THE LIBRARY

Members Present Joe St John Cecilia Nowakowski Steve Kiluk Mark Hodorek Mark BalonErich Eggert Chris de Ron and Peter McInnes

Members Absent Erin Stahl Kevin Hertel Ben DAngelo Dave Rubello Ben Hughes and Heidi McInnesGuests Anne Vaara Executive Director CRWC and Tom Quail Community Outreach CRWC

Minutes from the August meeting were previously approved by email Welcome Chris de Ron

Meet with the Clinton River Watershed Council See attached page far contents of CRWC discussions

Financial UpdatePossible money allocation from CityMark B made a motion to accept from the city to be used for committee projects if the funds are stillavailable Joe Mark B and Steve voted yes Peter and Erich voted no and Chris abstained Motion passed

Committee Reorganization Chairperson other officersThe members present at the August meeting had appointed Joe St John as chairperson Mark Balon as vice

chair Cecilia Nowakowski as recording secretary and Heidi McInnes as treasurer Steve made a motion to

accept the appointments and Chris seconded the motion Motion passed unanimously Itwas decided that a

quorum would be members or of the committee members This will be incorporated into the bylaws CityManager Ben Hughes has volunteered to be the Staff Liaison to the Waterfront Environmental Committee

EntranceExitRamp Cleanup ProjectRain date The fourth Expressway EntranceExit Ramp CleanUpwas a success with volunteers

picking up bags of road debris from the and Mile entranceexit ramps A ring was found The storm

drains at Mile were stenciled NO DUMPING An additional cleanupwas requested by a fewseniors for

at pm There were volunteers removing bags of debris and the storm drains at Mile were

stenciled This same group would like to schedule an additional cleanup on Oct th at pm at Mile

Storm Drain Stenciling ProgramHannah who has worked with us in the past wants to work with the Lakeview HS Green Team to do some

stenciling Mark B has been in contact with Mr Lavender the principal of Jefferson MS regarding stenciling

Student Scholarship ProgramJoe has removed himself from the scholarship selection process because of conflict of interest Chris will

replace him The new selection committee will be Heidi Peter Kevin and Chris Mark B will be contacting the

Lac Ste Claire Kiwanis regarding a third scholarship donor

Other Comments and Updates

a Green Fair in the Park Joe Dave and Mark B manned the table It was suggested that our table be next

to Stevesbooth Our table was similar to MSU so next year we need to be more creative and have cool stuffWe may need to solicit funds to accomplish a great table Mark B will be the Green Fair coordinator

b Monofilament Fishing Line Joe contacted GPW Lake Front Park and they want a recycle bin Information

was turned over to Peter Peter has tried to contact the Grosse Pointe Woods Lake Front Park with no

response from Melissa Sharp Steve Stewart would like to talk to Peter about this projectc Ideas for the Annual meeting Present attendees with sandwich bags of algae material causinglakefront homeowners problems Present PSA at meeting as a kickoffto more upcomingannouncements Have the Pastor from New Life Ministry speak on his involvement with the cleanupd th Annual Nautical Coast Cleanup scheduled for Sunday Maye Anything else Doug Martz has inquired about being an advisor to the committee something to thinkabout Attendance roster for July through June was submitted to the City Clerk yesterday

Next Regular Monthly Meeting Tuesday October meeting at pm in the library

Meeting adjourned at pm CRWC discussion continued on next page

Discussion with Clinton River Watershed Council staff members concerning a letter dated that the

Waterfront Environmental Committee wrote to the CRWC addressing the muck and algae problem on the

northern St Clair Shores shoreline

Anne Vaara Executive Director and Tom Quail Community Outreach Coordinator attended the meetingstating that the CRWC was obligated to help our community in any way to address this problem and to discusstheir continued partnership with our committee

Joe started the discussion off by recommending that we use a three pronged approach to the algae problemAddress the non source point pollution problem in St Clair Shores and in the entire Clinton River watershed

area in the form of a public service announcement PSA Address the goose population problem in

southeast Michigan We distributed a letter that the committee wrote to the MDNR in recommending thatin the name of safety the goose population in southeast Michigan be reduced by The response letter

from the MDNR was also included and work with the Macomb and Oakland counties to somehow reduce

the sewer overflows or increase the quality of the water that is dumped into Lake St Clair from the CSOs

A discussion about geese and how to control them followed At the end of a lengthy discussion Anne and

Tom both agreed with the MDNR response letter which basically said the three methods to reduce local goose

population was landscape changes hunting and hazing Joe still feels that a community food bank is the best

place for these excess geese

The discussion shifted to the non source point pollution problem Fertilizer is a major problem when it enters

the lake We need to look at the code of ordinances in regards to codes applicable to the commercial

landscapers and what if there are any limits on types of fertilizers Fertilizers should not be applied prior to

May or after October The ground will not absorb the chemicals and they will run off into the storm drains

leading directly to the lake This is another area that the public needs to be made aware of the consequencesThis information would make an excellent PSA Anew Michigan law which takes effect on Januaryprohibits the application of lawn fertilizers containing phosphorus unless a new lawn is being established

During the discussions a comment was made that the combined sewer overflows CSOs were fertilizing thelake causing the excess weed growth along the eastern shoreline of Lake St Clair from the Clinton River southto the Grosse Pointes No solutions to the CSOs dumping into Lake St Clair were discussed

There are grant dollars available we just need to illustrate how and where they will be used A great exampleis all the debris collected at the cleanups and annual beach cleanups Documentation is required showingvolunteer hours number ofvolunteers and amount of debris collected

Discussion about producing a public service announcement PSA followed The CRWC has received helpcreating a PSA from CW a TV station in the past It may be the way to go The subcommittee will work on

the PSA to make its debut at the annual meeting in January Lori Penter at channel made a great PSA thatAnne will forward to the committee The main idea would be Take back our Lake

A PSA subcommittee was formed of Joe St John Mark Balon Chris deRon and Steve Kiluk Joe will call

Mary JaneDHerde for some guidance The committee will meet on Oct th at pm in the library to discuss

goals and time frame of actions

COUNCIL MEETING

November

AGENDA ITEMf Recommendations from the Council SubCommittee on BoardsCommittees Commissions

BACKGROUND SubCommittee recommendations from their October meeting are

included in the proposed resolution

ENCLOSURES Resignation letters

Applications for new appointmentsList of Meeting Dates

Boards Commissions Master List

PROPOSED RESOLUTION To approve the Recommendations from the Council SubCommittee on

Boards Commissions Committees as follow

Accept with regret the following resignations Clerk sent a thank you letter

Denise Keck Beautification Committee

Mary Jane Amicarelli Communications CommitteeLee Bertolo Cool City CommitteeKathleen Quackenbush Cool City Committee

John Stevens Cool City Committee

Ronald Woodhouse Fence Committee

Stanley Bittner Compensation Commission deceased

Recommendation from SubCommittee on Boards Committees Commissions to recommend the

following appointments to the Cultural Committee and the Memorial Day Parade Committee as follows

Name Committee Term Ending Date

Cynthia S Gardner Cultural Committee

Rosemary Woonton Cultural CommitteeAlan Loncar Memorial Day Parade CommitteeEllen Montgomery Memorial Day Parade Committee

Recommendation from the Committee for the following reappointments

Name Committee Term EndingDate

Karwoski Dennis

Miller Bill

Melfi Albert

Scavone Steven

Anderson Erik

Martin David

Rascano Diana

Pafermino Leonard

Robets Sarah

Baker David

Schwartzenberg Harold

Eggly JudyRascano Diana

Bobolts Glenda

Johnston Loraine

Activities CommitteeActivities Committee

Board of ReviewBoard of Review

Communications ComCommunications Com

Communications Com

Compensation Com

Cool City CommitteeCultural Committee

Golf Course Committee

Library Board

MayorsAdvisory PanelOlder Persons Advisory ComOlder Persons Advisory Com

Motion by

AYES

NAYS

Seconded by

ABSTAIN

ABSENT

Prepared on behalf of CouncilSubCommittee by Mary A Kotowski City Clerk Date November

w

From

Sent Tues ay October AMTo Esler Greg Kotowski Mary A John LangeSubject Beautification Commission

Hi

This is my letter of resignation from the Beautification Commission I have enjoyed working with the

commission the past three years Unfortunately my time is spread too thin in other areas of my life and

I have not been able to tend to my flower bed or help out with other projects the way l would like to I

want to give someone else the opportunity to join that has more time

Thank you for allowing me the opportunity to work with the Commission

Denise L Keck

PS John It has been great working with you and the entire group I truly appreciate all your help last

year with my bed If anyone ever needs help with planting or weeding let the group know I am willing to

help

FromDHerde Mary Jane

Sent Thursday October AMTo Kotowski Mary A

Subject FW Meeting

from

SentWednesday October PMTo DHerde Mary Jane

Subject Meeting

Hi MJ consider this my resignation from thecomminution commission Wish I could stay

but its just impossiblefor me

Ive enjoyed all the years I was there Saygood bye to all my friends

Love you all Mary Jane Amicarelli

Dear Cool City Committee

I have very much enjoyed my time volunteering for the C C C I want to inform you

however that I am resigning from the committee Due to other engagements Iwill not

be able to commit the necessary hours to volunteer I appreciate the opportunity Cool

City have provided me and I enjoyed my time spent working with all of yous

Sincerely

Lee Bertolo

c

cac

cnccJ

mcx

cn

Page of

Hirzel Tina

From Kotowski Mary A

Sent Monday October AM

To Hirzel Tina

Subject FW Cool City Committee

From Babcock BryanSent Monday October AM

Tolotowski Mary A

Subject FW Cool City Committee

From

SentFriday September PM

To Goran Babcock Bryan Jennifer Hornok Sarah Roberts Margi Armstrong robert fetter Hison

Robert Henry Castro Chris Koehler Iizbarohan@gmaiLcom KathleenZenisek

Subject Re Cool City Committee

Cool City Members

My position with the committee is up at the very end of this month and becauseIm so busy with

school I wontbe renewing it I greatly appreciate the opportunity that the city has given me to

serve our community and in good and bad it has all been a worthwhile experience I hope that the

committee keeps doing great things for the city

Hope to see you all at city and committee events

Thanks

Kathy Quackenbush

Brown Jane

From Babcock BryanSent Tuesday August AM

To Kotowski Mary A Brown Jane

Subject FW J Stevens Resignation

From

SentMonday August PMTo sarahroberts@yahoocomHison Robert Babcock BryanSubject J Stevens Resignation

Dear Mayor Hison Sarah and Brian

It is with regret that I come to you with unfortunate news The simple truth is with work and life

responsibilities Icannotgive the Cool City Committee the attention it deserves

Therefore please accept this email as my resignation effective immediately

Iwish the committee and city much success on all of their endeavors

Best regardsJohn Stevens

Page of

Hirzel Tina

From Kotowski Mary A

Sent Tuesday September PM

To Hirzel Tina

Subject FW retire

Mary A Kotowski MMCSt Clair Shores City Clerk

Jefferson Circle Drive

St Clair Shores MI

maryaascsminet

faxThis message is intended only for the use of the individual orentity to which it is addressed and may contain information that is privilegedconfidential andorexempt from disclosure underapplicable laws Ifthe reader of the message is notthe intended recipient or the

employee or agent responsible for delivering the message to theintended recipient you are hereby notified that any disseminationdistribution or copying of this communication is strictlyprohibited If you have receivedthis communication in error please notify us

immediately by telephone andorreply to thisamail message Thankyou

From Hughes Ben

Sent Tuesday September PMTo Ronald Woodhouse

Cc Hison Robert Rakes Chris Kotowski Mary A Turner Natalie

Subject RE retire

Ron

Thank you far your note It was a pleasure serving on this committee with you wish you and your wife

all the best

Ben

Benjamin M HughesCity ManagerSt Clair ShoresX

From

Sent ues ay September PM

To Hughes Ben

Subject retire

Hello Ben

In case my previousemail didnt go through this is confirmation of my resignation from the cityFence CommitteeeThanks for bearing with an amateur Idid enjoy the experience

Ron Woodhouse

IreofsTlsyCity of St Clair Shores tGfferson Circle Drive St Clair Shores MI ZjPiope Fax wwwscsminet

LCATtON FOROARDSCOMMISSINSAND CAPf MMI CTY CLERS

Please type or print Date

Name LiiI rrAddress fl ISDaJiCr

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Home Phone Numbr Email

Employer

Address Phtnek

Are you a registered voter in the City of St Clair Shors S

How long have you lived continuousfyintheCitypf StCiairShorFARsBoardCommission currently serving on

Number the Advisory Boards or Committees for which you would like to applyin order of preference First Choice Second Choice etc

cfirities mmitteem

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Board of Fence Appeals Housing CommissionBoard of Reuisv k LibraryBoardBuilding Authority Commission inactive MayorsAdvsoryPanel MAPBuildingProperty Maintenance Board of Appeals Mechanical Equipment Arbitration

Charter Study Committee Minimum Standards inactiveCommunications Commission Older Persons Advisory Committee

Compensation Commission Parks Recreation Commission

CoolCit Com i PlanrnngCommiSsionCorrirlorImprovmntAuthority Police FireCiGIIServiceun

Cultural Committee Police Fire Pension Health Care Trust Board

Development Area Citizens Council Sign Arbitration Committee

Dog Park Committee Storm Water Charge Review Board inactiveEconomic Development Corporation inactive St Clair Shores Memorial Day Parade Committee

Election Commission TfFA BrownfiedRedevelopment AuthorityEmployees Civil Service Commission Water Resources Development Advisory Board

Ehics OrdinaraceSubCommittee Waterfront Environmental Committee

EerceArbitration Committee eatsZonin Board of A

General Employees Pension Board Other

There is consideration being given to air Boards and Commission Meetings on our Cable Station

Do you have any reservations with this

ND r ci Fo cRO ore DMrl ss v

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Professional Qualifications andor Work Experience AVeefJEriA CCSSFS A JvCSirIDFS

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Signature GG DateThank you foriour interest in serving on an Advisory Board or Committee The purpose of this

form is to provide the Mayor and City Council with basic information about residents considered for

appomtmentTfe application will be kept oq file fob tvlroyearsk

PLEASE RETURN THIS APPLICATION TO

ST CLAIR SHORES CITY CLERKSOFFICE

Jefferson Circle Drive St Clair Shores MI

rte j t

City of St Clair Shoresefferson Circle Drive St Clair Shores MI

Phone Fax wwwacsminet

APPLICATION FOR BOARDS COMMISSIONS AND COMMITTEES

Please type or print Date

Name U Y Ii c iX

Address YTcT lV

rrCity S C S Zip aaCr

Home Phone Number mail irrtea

Employer r

Address Phone

Are you a registered voter in the City of St Clair Shores S

How long have you lived continuously in the City of St Clair Shores G

BoardCommission currently serving on

Number the Advisory Boards or Committees for which you would like to applyin order of preference First Choice Second Choice etc

Activities CommitteeAnimal Ordinance Committee

Beautification CommissionBoard of CanvassersBoard of Fence AppealsBoard of Review

Building Authority Commission inactiveBuildingProperty Maintenance Board of AppealsCharter Study CommitteeCommunications Commission

Compensation CommissionCool City CommitteeCorridor Improvement Authority

J Cultural CommitteeDevelopment Area Citizens Council

Dog Park CommitteeEconomic Development Corporation inactiveElection Commission

Employees Civil Service CommissionEthics OrdinanceSubCommitteeFence Arbitration CommitteeGeneral Employees Pension Board

General Retirees Health Care investment Board

Golf Course Committee

Historical Commission

Housing Board of Appeals inactiveHousing Commission

Library Board

MayorsAdvisory Panel MAPMechanical Equipment Arbitration

Minimum Standards inactiveOlder Persons Advisory Committee

Parks Recreation Commission

Planning Commission

Police Fire Civil Service Commission

Police Fire Pension Health Care Trust Board

Sign Arbitration Committee

Storm Water Charge Review Board inactiveSt Clair Shores Memorial Day Parade Committee

TIFA Brownfield Redevelopment AuthorityWater Resources Development Advisory Board

Waterfront Environmental Committee

Zoning Board ofAppealsOther

There is consideration being given to air Boards and Commission Meetings on our Cable Station

Do you have any reservations with this

aya

Pease complete and sign the reverse side

Professional Qualifications andorWork Experience iz rirC

Community ActivitiesandorOther Experience

EducationalBackground

References Please fist name and address

Please indicate reasons for desiring to serve

Signature h s Date

Thank you for your int st in serving on an Advisory Board or Committ The purpose of this

form is to provide the M yor and City Council with basic information about residents considered for

appointment The application will be kept on file for two years

PLEASE RETURN THIS APPLICATION TO

ST CLAIR SHORES CITY CLERKSOFFICE

Jefferson Circle Drive St Clair Shores MI

Aug PM No P tc

SUmitbyraii Print Farrri

CityoSt Clam Shores er ivJefferson Circle brive St Clair ShoresNIjCf T JLI t

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APPLICATIONIOR BOARDS CQMMISSIONS AND COMKTTEPlease type or print DategS

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AddreSEdse Ford Gourt

Cityat Glair Shores Zipaoo

Home Phone Number EmaiEEmployer

Address Phone

Are you a registered voter in the City ofi St Clair ShoresYes Greinc

How Tong have you lived continiausly in the City of St Clair Sharesapprox months

gaardCOmmISSIQn CUrr@ntiy @rVing Onane

Number thePdvisorS Boards or Committees for which you would like to applyirt order of prefer@nGe First Choice Second Ghoice etc

Activities CommitteeAnimal Ordinance CommitteeBeautification CommissionBoard of CanvassersBeard of Cence AppealsBoard df Review

Building Authority Commission jinacfiveBuiidingProperty Maintenance Board of AppealsCharter Study CommitteeCommunications CommissionCompensation CpmrnissipnCool City CommitteeCorridor Improvement AuthorityCultural Committee

Development Area Citizens Ccuncil

Dog Park CommkteaEconomic Development Corporation inactiveElection CommissionEmployees Civil Service GommissionEthics OrdinanceSubCommitteeFence Arbitration CommitteeGeneral Employees Pension Board

General Retirees Health Care Investment BoardGolf Course CommitteeHistorical GpmmissionHousing Board of Appeals Inactive

t Housing Commission

Library Board

MayorsAdvisory Panel MAPMechanical Equipment ArbitrationMinimum Standards inactiveOlder Perspns Advisory CommitteeParks Recreation Commission

Planning CommissionPolice Fire Civil Service CommissionPolice lire Pension Health Cere Trust Board

Sign Arbitration GommitteeStorm Water Charge Review Board inactivetClair Shpres Memorial Day Parad CommitteeTIFA Brownfield Redevelppment AuthorityWater Rescurces Development Advisory BoardWaterfront Edvironmentai Committee

caning Board of AppealsgthEr

There is consideration being given to air Boards and Commission Meetings on our Cable StationDo you have any reservations with this

No believe increased access to these meetings is a sound concopt

Please complete and sign the reverse side

nub y Lu i I orivl iuo LoL I r L

l hav beena licensed attomey with the StateProfessional Quaiiflcations andorWork ExperienceBar of Michigan since Since Q I have been employed at Alexsy Law Group PC

ferst as a law Clerk and then as an attorney practicing prlmarlyIn the creditorsrights field focusing

on commercial lending matters in both litigation and bankruptcy settings

Community Activities andorother Experience

Educational BackgroundBA magna cum laude Adrian College Adrian MI

JD University of Detroit Mercy School of Law Detroit MI

ReferencesPIas list name and address

I believe my legal background written and oralPlease indicate reasons far desiring to serve

communication skills ability to think critically and overallenhusiasm far the City would make me a great

asset to serve an s board commission or committee deciding on important issues necessary to betterthe

community

Signature bategThank you fflr your interest in serving on an Advisory Board or Committee The purpose of thisform is to provide the Mayor and City Council with basic information about residnts considered for

appointment The application will be kept on file far two years

PLEASE RETURN THIS APPLfCATtON TOST CLAfR SHORES CITY CLERKSLFFICE

BpJefferaon Circlefrtve St Clair Shares Mf

City of Clair shoresr s

fi

Jeerson CircleDrive St Clair Shores IvI y jPhone Pax wwscsminet

APPLICATION FOR BOARDS COMMtSStONS ANDCOIISCIIY

Please type or print Datea I

NameEllert Montgomery

AddfeSSaBon Brae

CjtyStClair Shores jp

Home Phone Numbers Email

EmplayerAddress Phone

Are you a registered voter in the City of St Clair Shoresmss ern L

Haw long have you lived continuously in the Gity of St Clair Shares years

BoardCommission currently serving onrnone

Number the Advisory Boards or Committees for which you would like to applyin order of preference First Choice Second Choice etc

Activities CommitteeAnimal Ordinance CommitteeBeautiftcafion CommissionBoard of CanvassersBoard of FenceAppealsBoard of ReviewBuilding Authority Commission inactiveBuiliingiProperty Maintenance Board of AppealsCharter Study CommitteeCommunications CommissionCompensation CommissionCoot City CommitteeCorridor Improvement AuthorityCultural CommitteeDevelopment Area Citizens Counts

Dag Park CommitteeEconomic Development Carparation inactiveElection CommissionEmployees Civil Service CommissionEthics Ordinant SubCommitteeFenceArbitratiart CommitteeGeneral Employees Pension Board

Genera Retirees Heaifh Care irnestmertt BoardGolf Course CommitteeHistoricaf Commission

Housing Board of Appeals inactiveHousing Commission

Library Baarcl

Mayors Advisory Panel MAPMechanical Equipment ArbitrationMinimum Standards inativeOlderPersons Advisory CommitteeParks Recreation Commission

Planning CommissionPolice Fire Civil Service CommissionPottoe Fire Pension Health Case Trust Board

Sign Arbitration CommitteeStomt Water Charge Review Board inactiveSt Clair Shores Memorial Day Parade CommitteeTIFA Brownfield Redevelopment AuthorityWater Resources Development Advisory BoardWaterfront Environmental Committee

Zoning Board of AppearsOther

There is consideratiofrt being given to air Boards and Commission Pllleetings on our Cable StationDo you have any reservationsavith this

No go ahead

Please complete and sign tfie reverse side

Professions Qualifications andorWork ExperienceLinear Mold and Engineering Livonia Sep April

SCS Memorial Day ParadeCommunity Activities andor Qther Experience

graduate of Lakeview High SchoolEducational Backgroundcurrent student at Maeamb Community with pending transfer to Wayne State University

References Please fist name and address

Please indicate reasons for desiring to serve

l want to be active in my community and help my city keep worthwhile traditions afnre

Signature iv rA TT tj geG

bate

Thank you for your interest in serving on an Advisory Board orCommittee The purpose of thisform is to provide the Mayor and City Council with basic information about residents considered farappointment The application will be kept on file for two years

PLEASE RETIiRN THtSAPPLICATQNTOST CLARSHORES CITY CLERKS OFFICEJefferson Circle Drive St Clair Sfiores Mf

Council Sub Committee on Boards Commissions and Committees

Meeting Dates

tn Tuesday pmJefferson Conference Room

January

February No Meeting

March

Apri

May

June

July No Meeting

August

September

October

November

December No Meeting

Voting Members Council Members Frederick Rusie Walby Alternate Rubino

Staff Liaisons City Manager and City Clerk

Council MeetingNovember

AGENDA ITEM g Receive and deny claim of Suzanne Spalding vs City of St ClairShores and refer to the City Attorney for response

ENCLOSURE Summons and Complaint

PROPOSEDRESOLUTION To Receive and deny claim of Suzanne Spaldidng vs City of St

Clair Shores and refer to the City Attorney for response

Motion by Seconded by

VOTE AYES

NAYS

ABSTAIN

ABSENT

ni

Prepared by Mary A Kotowski City Clerk Date November

vcvc eY

CYlEKS Hi

ATE OF MICHIGAN

INTICItCJ FOR THE COUNTY OF MACOMB

SUZANNE SPALDING

Plaintiffs Case No NOHON

vs

CITY OF ST CLAIR SHORES

Defendant

MARK D WILLMARTHPLaw Office of MarkD Wilhnarth

Attorney for Plaintiff

JeffersonSt Clair Shores MI

w

Jk l

tr

LjL

pmwillmartblawnayahoocom

cMEtcoNYMAGM

THERE IS NO OTHER PENDING OR RESOLVED ACTION WITHIN THE

JURISDICTION OF THE CIRCUITCOURTINVOLVIlVG THE PERSONS

WHO ARE THE SUIFECOF T COMPLAINT ORpETITION

MARK D WILLMARTH

COMPLAINT

NOW COMES the Plaintiff SUZAZNNE SPALDING by and through her attorneys

THE LAW OFFICE OF MARK D WILLMARTH and for her complaint against the above

named Defendant states as follows

Plaintiff is a resident of the City of St Clair Shores County of Wayne State of

Michigan

Defendant CITY OF ST CLAIR SHORES is a Michigan municipal corporation

The incident in this matter occurred in St Clair Shores Macomb County

Michigan

The amount in controversy herein exceeds the sum of TwentyFive Thousand

Dollars

On or about November Plaintiff SUZANNE SPALDING was walking

on the sidewalk on the west side of Jefferson Avenue at the southerly corner of Millenbach in the

City of St Clair Shores

On or about said date Defendant was responsible for the installation inspection

and maintenance ofthe sidewalk as identified herein

When Plaintiff was injured on Defendants sidewalk Plaintiff was without any

knowledge ofthe dangerous and unsafe condition ofDefendantssidewalk

On said date a hazardous and dangerous condition existed on Defendants

sidewalk towit an uneven surface at the joint where the ramp portion of the sidewalk at the

corner joined the rest of the sidewalk

On or about said date Defendant its agents servants andor employees owed

duties to Plaintiff to maintain Defendantssidewalk as a reasonable prudent person would do

under same or similar circumstances and in accordance with the statutes and common law in

such case made and provided but violated said duties in at least one or more of the following

particulars so far as it is presently known

A Creating said dangerous and hazardous condition when the sidewalk andor

ramp was installed

B After knowing or being on notice of the dangerous and hazardous conditions

existing on Defendants sidewalk failed to correct same andor warn of the

dangerous condition

C Failed to make reasonable and proper inspection for dangerous andor

hazardous conditions existing on Defendantssidewalk

D Failed to clean andor correct andor warn of any hazardous andor dangerousconditions of which the Defendant its agents servants andor employees had

knowledge or should have had knowledge by a reasonable and proper

inspection

E Failed to instruct all of its agents servants andlor employees on the proper

care and maintenance of its sidewalk andor in the reporting of dangerousandor hazardous conditions on Defendantssidewalk

F Failed to provide rules procedures andor provide for periodic safetyinspections for the discovery andor correction of dangerous and hazardous

conditions on Defendantssidewalk

G Failed to provide a safe and suitable place for Plaintiff Defendantsinvitee to

walk in safety

H Failed to properly place warning signs or cover Defendantssidewalk so that

dangerous andlor hazardous conditions would be apparent to Plaintiff

I Failed to observe all the duties of care imposed upon Defendants by the

statutes of the State of Michigan Ordinances of the City of St Clair Shores in

which Defendantssidewalk are located and the common law

J Other acts or omissions to be determined as discovery reveals

Plaintiff SUZANNE SPALDIlTG sustained injuries and damages when she

tripped and fell to the ground due to the uneven surface of Defendants sidewalk as a result of

Defendants negligence as alleged herein

As a direct and proximate result of the negligence of Defendant as aforesaid the

injured Plaintiff SUZANNE SPALDING

A Sustained severe bodily injuries including but not limited to her face teethhead brain knees and hands which were painful disabling and necessitatedmedical care

B Suffered shock and emotional damage

C Suffered aggravation ofpreexisting conditions andor reactivation of dormant

conditions

D Was unable to attend to her usual affairs or render services as formerly

E Hampered said Plaintiff in the enjoyment of the normal pursuit of life as

before

As a direct and proximate result of the negligence ofDefendant and the resulting

injuries to Plaintiff Plaintiff did and will continue to incur expenses for hospitals doctors x

rays surgeries medicines and other medical supplies and attention

As a direct and proximate result of the negligence of Defendant as aforesaid

Plaintiff has been compelled to expend and become obligated for large sums of money for

medical care and treatment and in the future will be required to expend and become obligated

for large sums of money for medical care attention and supplies for treatment and aforesaid

injuries which she sustained

WHEREFORE Plaintiff prays that this Court grant a Judgment against Defendant in

whatever amount Plaintiff is found to be entitled for compensatory and exemplary damages and

Plaintiffs actual attorney fees as provided for by statute plus interest and costs

LAW OFFICE OF MARK DWIILMARTH

DWILLMART PAttorney for Plaintiff

Jefferson

St Clair Shores MI

b Faxmwillmarthlawawahoacom

Dated October

aY ki

IIr

pvMCaryr

Attn Filer

In re

EC BY

Macomb CounfyTodd Schmitz

Deputy Clerk ClerkIs D

Circuit Court Case Number Sd

Betty A Oleksik

Geputy Register of Deeds

Case Caption VS ty a Sk L r s

EffectiveiIVIacomb County Circuit Court launched a new program for

electronic filing and service of court documents

This is to inform you that the above mentioned case is deemed anefiling case

pursuant to Administrative Order No

It is Mandatory that all further filings in this matter are to be filed electronicallythrough the courtsEFiling website at

httpefilemacombcountymigov

Kegistration instructions filing instructions the administrative order frequentlyasked questions and information about training sessions for registering and filingcan be found on the courtswebsite at

httpwwwinacombcountymiovcircuitcourtefilehtm

For help withefiling pleaseemail the circuit court at

efilesupport macombovorg

It is required that you serve this notification to all parties when pErfectingservice on the complaint Also if you have not previously provided youremailaddress to our office when submitting documents for filing it is now requiredthat you furnish it in order for us to update our records accordingly

ClerksOfce Register of DeedsN Main St N MainSf

Mountfemens MI Mount Clemens MsZO

Fax faxcnDemand Fax H

httpwwwmacombcouniymiyovclerksofficg Nlicnigpn GLERK htfJWWWftIOCOTbntyfTllOVfgISCBdSclerksoffice@macombceuntymigov duiofStateQ registerdeeds Lmocombcountymigov

SCAO

STATE OF MICHIGANJUDICIAL DISTRICT

SIXTEENTH JUDICIAL CIRCUIT

COUNTY PROBATE

Court address

N Main Street Mt Clemens MI

Original Courtstco

ClYOF S

SUMMONS AND

itifPs namesaddresses and telephone nosZANNE SPALDING

Gary Lane

Clair Shores MI

Plaintiffs attorney bar no address and telephone no

Law Office of Mark D WillmarthMark D Willmarth P

Jefferson St Clair Shores MI

Fax

SUMMONS NOTICE TO THE DEFENDANT In the name of the people of the State of ivrer ye t

You are being sued Y

YOU HAVE DAYS after receiving this summons to file an answer with the court and servea cop rtyor take other lawful action with the court days if you were served by mail or you were served ou ide this state MCR CllIf you do not answer or take other action within the time allowed judgment may be entered against you for the relief demanded

in the complaintssued

T Thisrrnpns Court clerkK

HHIVV e r a

This summons is invalid unless served on or before its expiration date

This document must be sealed by the seal of the court

COMPLAINT Instruction The following is information that is required to be in the caption of every complaint and is to be completed

by the plaintiff Actual allegations and the claim forrelief must be stated on additional complaint pages and attached to this form

Family Division Cases

There is no other pending or resolved action within the jurisdiction of the family division of circuit court involving the family or familymembers of the partiesAn action within the jurisdiction of the family division of the circuit court involving the family or family members of the partieshas been previously filed in Court

The action remains is no longer pending The docket number and the judge assigned to the action are

docket no Judge Bar no

General Civil Cases

There is no other pending or resolved civil action arising out of the same transaction or occurrence as alleged in the complaintA civil action between these parties ar other parties arising out of the transaction or occurrence alleged in the complaint has

been previously filed in Court

The action remains is no longer pending The docket number and the judge assigned to the action are

ocket no Judge Bar no

VENUE

Plaintiffsresidence include city township or village Defendantsresidence include city township or village

St Clair Shores Macomb Coun Michi an St Clair Shores Michi an

Place where action arose or business conducted

St Clair Shores Macomb Count Michi an j r r eeOctober iDate Sig atuofattomeyplaintiff Mark D WillmarthP

nd copy Plaintiff

rd coov Return

CASENOpNO

Court telephone no

Defendants namesaddresses and telephone nosv CITY OF ST CLAIR SHORES

Resident Agent Ben HughesCity ManagerCity of St Clair Shores

Jefferson Circle

St Clair Shores MI

If you require special accommodations to use the court because of a disability or if you require a foreign language interpreter to helpyou to fully participate in court proceedings please contact the court immediately to make arrangementsMC lSUMMONS AND COMPLAINT McRzos MCR MCR iD MCR MCRCabMCRA

Frequently AskefQuestions for FJlcomb Circuit CourtEfilingQ Nhat is the website address for eFilingAhttpsefilemacombcountymigov

Q What browsers can be used to access the eFiling systemP Internet Explorer Google Chrome and Mozilla Firefox are supported browsers

Q What are the fees for eFilingA Efiling only Efiling with service Service only

O Which judges will be participatingA In Phase I only Judge John C Foster and Judge David F Viviano

Q Which case fipesA In Phase I only case types beginning with C N wil be eligible for eFiling

Q Can I file at any time of the dayA Yes eFilings may be submitted to the Court around the clock with the exception of periodicmaintenance eFilings submitted after the close of normal business hours which is currentlypmshall be deemed filed on the next business day

Q Can I file a new case through the website

A No you will still initiate the case through the ClerksOffice If Judge John Foster or Judge David

Viviano are drawn and the case type begins with C or N it will be deemed an efilecase The

GlerksOffice will scan your initial documents far you and place them into the system Any future

documentation MUST be filed through the eFile website

Q Can loptoutof eFilingA Optingoutwill only be allowed under limited circumstances where participatingviould result in an

access to justice issue All requests to optout must be made by motion to the judge of record

Q Will I be able to eFile to an old caseA Not at this time Only cases that are initiated on or after August are eligible for eFiling

Q Can I file multiple documents into a case at one timeA Yes however all documents submitted in a single filing must be related to the same case

Documents for any other case must be submitted separately

Q Can I submit all of my documents as a single Microsoft Word or PDF file

A No each document being filed must be a separate Microsoft Word or PDF file

Q What file formats can be used in the eFiling systemA Most documents can be uploaded as either a PDF or Word Document Proposed Orders must be

in Word format

Q How can I sign a document if it is all electronic

A Signatures will be accepted as follows s John Smith

Q Vlmo do contact if need help with eUniversaFor support please email us at efilesupport@macombgovorg

Q Where can f find instructions and a complete copy of the Administrative Order for the Macomb

eFiling projectAhttpmacombcountymigovlcircuitcourtpdfEFILEAO pdf

Q How are payments to eFiling handledA At the submission screen filers must use Google Checkout as their method of payment Forinformation on creating aGoogle Checkout account please visithttpfcheckoutgooglecom

Q Can use the same Google Checkout account for the entire firm no matter which eUniversa userA Yes each separate eUniversa user can use the same Google CheclCOUt login if they choose Thiscan be handyvhen the entire firm charges to one credit card or payment account but it is used bymultiple attorneys

Q Can view a printable cop ofthe documentation I have submitted through eUniversaA Through CourtviewIubiic access you will be able to see information on the filings you have madeto a specific case type but you will need to contact the Clerks Office in order to obtain printed copiesof what is on file

Q How can I choose to ONLY ServeA Gnce logged in atthe top right of the eUniversa screen is an option for eService This can beused to serve another partysemail but not file to the case A docket entry is made in our Goufiriewthat reflects service

CITY COUNCIL MEETING

November

AGENDA ITEM Request to enter Closed Session as permitted by State StatuteMCIA Section e K McKee vs St Clair Shores

ENCLOSURES Attorney Client privileged document

PROPOSEDRESOLUTION Approve request to enter Closed Session as permitted by State

Statute MCLA Section e K McKee vs St ClairShores

MOTION BY SECONDED BY

Councilmember Frederick

Councilmember McFadyen

Councilmember Rubello

Councilmember Rubino

Councilmember Rusie

Councilmember Walby

Mayor Hison

Prepared by Mary A Kotowski City ClerkvDate November