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HomeMy WebLinkAboutMinutes 05222023 (CR 147-23 to CR 164-23) On May 22, 2023, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 7:00 p.m. Vice President Toy led the meeting with the Pledge of Allegiance. Roll was called with the following result: Laura Toy, Scott Bahr*, Rob Donovic, Scott Morgan, Brandon McCullough, and Jim Jolly. Absent: Kathleen McIntyre. (* late arrival 7:11 p.m.) Elected and appointed officials present: Paul Bernier, City Attorney; Susan M. Nash, City Clerk; Sara Kasprowicz, Program Supervisor of Council Office; Mark Taormina, Director of Planning and Economic Development; and Todd Zilincik, City Engineer. On a motion by Councilmember Donovic, and supported by Councilmember McCullough, it was: #147-23 RESOLVED that the Minutes of the 1,968th Regular Meeting of the Council held May 8, 2023 are approved as presented. A roll call vote was taken on the foregoing resolution with the following result: AYES: Toy, Donovic, Morgan, McCullough, and Jolly NAYS: None During audience communication Christopher Martin suggested the employee podium be used for petitioners. He also asked to have The Committee of the Whole look into GPS tracking devices for people with dementia. K’Yetta McKinney from Congresswoman Talib’s office introduced herself. President Jolly announced that there is now a disability platform in the back of the auditorium. Darrel Smith, 14006 Brookfield, thanked his wife for caring for him and Council for the disability platform. He also spoke about saving the Noble Library building. Katy Rogowicz, 16067 Alpine Drive, spoke about golf carts being illegal in the City of Livonia and asked this issue be policed. On a motion by Vice President Toy, supported by Councilmember McCullough and unanimously adopted, it was: #148-23 RESOLVED, that upon the motion by Council Vice President Laura Toy, seconded by Councilmember Brandon McCullough, at the Regular Meeting held May 22, 2023, the Council does hereby refer the subject matter of enforcement of state laws relevant to the use of golf carts on city roads to the Administration for its report and recommendation. Councilmember Donovic announced the spoke about the Livonia Police Department Memorial Service held at Nehasil Park on May 11, 2023. Councilmember Morgan thanked Margaret Erhle for the notification of the upcoming Memorial Day Remembrance Ceremony. Councilmember McCullough spoke about the Clarenceville Reverse Raffle, Anastasia and Katie’s fundraiser, Rotary Club event, the Livonia Firefighters Bowl-a-thon, Livonia Youth Choir, and Livonia Civic Chorus events. Vice President Toy reminded everyone of the upcoming Spree. Councilmember Bahr wished his wife a happy 21st anniversary. President Jolly reminded everyone of the City’s upcoming Memorial Day celebration. A communication from the Department of Finance, dated May 1, 2023, re: forwarding various financial statements of the City of Livonia for the month ending February 28, 2023, was received and placed on file for the information of the Council. A communication from the Department of Finance, dated May 1, 2023, re: forwarding Quarterly Investment Report for the City of Livonia for the quarter ending February 28, 2023, was received and placed on file for the information of the Council. A communication from the Department of Finance, dated May 1, 2023, re: forwarding the Departmental Purchases Report, for the month ending April 30, 2023, was received and placed on file for the information of the Council. On a motion by Vice President Toy, with the support of Councilmember McCullough, it was: #149-23 RESOLVED, that having considered an application from Patty Novak, Christadelphians Church, dated February 1, 2023, requesting permission to barricade Van Court between Levan and Raleigh, from Monday, August 7, 2023, until Friday, August 11, 2023, from 8:30 a.m. until 1:30 p.m. each day, for the purpose of hosting Vacation Bible School, the Council does hereby grant permission to barricade Van Court between Levan And Raleigh from Monday, August 7, 2023, until Friday, August 11, 2023, from 8:30 a.m. until 1:30 p.m. each day, the action taken herein being made subject to the approval of the Police Department. #150-23 RESOLVED, that having considered an application from Sylvia Kissick and Jackie Gordon, received by the Clerk’s Office on April 17, 2023, requesting permission to close Arden Street between Elmira and Orangelawn on Saturday, June 10, 2023, from 12:00 p.m. until 10:00 p.m., for the purpose of conducting a block party with barbecue, music, food, games and bounce house, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #151-23 RESOLVED, that having considered a communication from Rev. Dr. Rodrigue Constantin, Saint Rafka Maronite Catholic Church, dated April 4, 2023, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, in order to hold a cultural festival with music played by a DJ and live bands at Saint Rafka Maronite Catholic Church located at 32765 Lyndon Street on Friday, August 18, 2023, from 5:00 p.m. to midnight, Saturday, August 19, 2023, from 1:00 p.m. to midnight, and Sunday, August 20, 2023, from 1:00 p.m. to 9:00 p.m., the Council does hereby determine to waive section 8.32.070 (noise control) of the Livonia Code of Ordinances from 5:00 p.m. to midnight on Friday, August 18, 2023, 1:00 p.m. to midnight on Saturday, August 19, 2023, and from 1:00 p.m. to 9:00 p.m. on Sunday, August 20, 2023, in connection with this event. #152-23 RESOLVED, that having considered a communication from the Human Resources Director, dated April 21, 2023, which bears the signatures of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, which transmits resolution no. 23-69 adopted by the Civil Service Commission on April 19, 2023, wherein the Commission recommended approval of an increase in compensation for the classifications of Assistant City Treasurer and Assistant City Clerk to be aligned with the Deputy Treasurer and Deputy Clerk classifications, the Council does hereby concur in and approves of the aforesaid action. #153-23 RESOLVED, that having considered the report and recommendation of the Interim Director of Housing, dated April 20, 2023, which bears the signatures of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, with regards to a transportation study for the City of Livonia, the Council does hereby accept the bid of OHM Advisors, 34000 Plymouth Road, Livonia, MI 48150 to provide consulting services for the development of A Transportation Master Plan for the City of Livonia, based on the RFP response submitted by OHM advisors on March 7, 2023, in an amount not to exceed $100,000.00; said bid being accepted as a result of staff evaluating the two proposals received and a committee consisting of the Planning Department, Housing Department and Community Transit conducting interviews of the two firms and OHM Advisors providing examples of similar work, extensive public engagement in the master plan process, and the ability to provide a superior product for the evaluation of Livonia’s transportation needs; FURTHER, funding for this project will be divided by a SEMCOG grant in the amount of $32,740.00, donations from the Livonia Chamber of Commerce in the amount of $5,000.00 and Masco in the amount of $15,000.00, with the remainder in an amount of $47,260.00 from the Community Transit Fund balance; FURTHER, the Council does hereby authorize a budget amendment increasing the budget for revenue Account No. 288-000-683-000 in an amount not to exceed $20,000.00 for the Masco and Chamber of Commerce donations, and increasing the budget for expense Account No. 288-607-818-000 by $100,000.00 for this purpose; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract, approved as to form and substance by the Department of Law, with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. #154-23 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated April 27, 2023, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract, approved as to form and substance by the Department of Law, between the City of Livonia and Motor City Fence, 209 South Blvd. E., Rochester Hills, MI 48309, to perform all work required in connection with the removal and replacement of the current barbed-wire fence at Botsford pool with vinyl coated, no-climb fencing in an amount not to exceed $101,128.00, utilizing grant funds authorized by Council on April 4, 2022, pursuant to council Resolution 116-22; the same having been in fact the lowest bid received which meets all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $101,128.00 from authorized grant funds in Account No. 208-795-971-000 for this purpose. #155-23 RESOLVED, that having considered the report and recommendation of the Assistant Director of Public Works, dated March 24, 2023, which bears the signatures of the Director of Public Works, the Director of Finance and the City Attorney, and is approved for submission by the Mayor, to which is attached a proposed Animal Sheltering Agreement between the City of Livonia and the Michigan Humane Society, 30300 Telegraph Road, Suite 220, Bingham Farms, Michigan 48025-4509, for the period commencing March 1, 2023 to December 31, 2023, extending all terms and conditions of the current agreement, but with an increase in the boarding/holding fee increase to $5,726.25 per month, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached agreement in the manner and form herein submitted; FURTHER, the Council does hereby authorize an expenditure in an estimated amount not to exceed $66,000.00 from funds budgeted in Account Nos: 101-000-602-000 (animal boarding) and 226-529-805-000 (animal collection) for this purpose; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04.140.E.2 and 3 of the Livonia Code of Ordinances, as amended, because competitive bidding is not available for this specialized service. #156-23 RESOLVED, that having considered the report and recommendation of the Assistant Director of Public Works, dated March 24, 2023, which bears the signatures of the Director of Public Works, the Director of Finance and the City Attorney, and is approved for submission by the Mayor, to which is attached a proposed Animal Sheltering Agreement between the City of Livonia and the Michigan Humane Society, 30300 Telegraph Road, Suite 220, Bingham Farms, Michigan 48025-4509, for the period commencing March 1, 2023 to December 31, 2023, extending all terms and conditions of the current agreement, but with an increase in the boarding/holding fee increase to $5,726.25 per month, the Council does hereby refer this item to the Public Safety and Health Committee for its report and recommendation. #157-23 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated April 14, 2023, which bears the signatures of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, the Council does hereby authorize the purchase of 100% of the City’s requirement of rock salt used for ice control from Detroit Salt, 12841 Sanders Street, Detroit, MI 48217, at the unit price not to exceed $59.00 per ton for the 2023-2024 season and at the unit price not to exceed $60.77 per ton for the 2024-2025 season, available through cooperative bid pricing, for an estimated total amount of $147,500.00 for the 2023-2024 season and $151,925.00 for the 2024-2025 season; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $147,500.00 for the 2023-2024 season and $151,925.00 for the 2024-2025 season from funds already budgeted for this purpose in Account No. 101-463-784-000; FURTHER, the Council does hereby authorize four (4) one-year extensions at the approved three percent (3%) per year increase upon mutual consent between the vendor and the City of Livonia; FURTHER, the Council does hereby authorize the aforesaid action without competitive bidding since same is based on the low cooperative bid pricing and in accordance with Section 3.04.140.E.4 of the Livonia Code of Ordinances, as amended. #158-23 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 27, 2023, which bears the signatures of the Director of Public Works and the City Attorney, and is approved for submission by the Mayor, with regard to a request from 34020 Plymouth Road LLC, a Michigan limited liability company, in conjunction with the construction of a storm drainage system to provide adequate drainage for property located at 34020 Plymouth Road in the Southeast ¼ of Section 28, the Council does hereby determine as follows: To accept on behalf of the City of Livonia, the jurisdiction and maintenance of the storm sewer within the property located at 34020 Plymouth Road, Livonia, Michigan 48150, for the development of Comfort Care Senior Living, which accommodates storm water from property developed at 34020 Plymouth Road, in the Southeast ¼ of Section 28, with the maintenance agreement from the proprietor, 34020 Plymouth Road LLC, a Michigan limited liability company, located at 4180 Tittabawassee Road, Saginaw, Michigan 48604, attached to said report and recommendation, indicating a corporate commitment to maintain the system and reimburse the City for any maintenance the City performs; To authorize the Mayor and City Clerk to execute the Storm Water Facilities Maintenance Agreement on behalf of the City; To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm water collection system site plans and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm water collection system within the property located at 34020 Plymouth Road, in the Southeast ¼ of Section 28, for the development of Comfort Care Senior Living; and To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer collection system. #159-23 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 27, 2023, submitted pursuant to Council Resolution Nos. 95-22 and 298-22, which bears the signatures of the Director of Public Works, the Director of Finance and the City Attorney, and is approved for submission by the Mayor, to which is attached a Contractor Recommendation from Environmental Consulting & Technology, Inc., 2001 Commonwealth Blvd., Suite 300, Ann Arbor, MI 48105, dated April 26, 2023, in connection with the Denmar Drain Channel Improvement Project, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract between the city of Livonia and Sole Underground, LLC, 5940 Commerce Drive, Westland, MI 48185, for performing all work required in connection with the Michigan Economic Development Corporation (MEDC) Grant - Denmar Drain Channel Improvement Project, based upon the Engineering Division's estimate of units involved and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, in an amount not to exceed $190,165.00, plus 5% for contingency ($9,508.00), for a total amount not to exceed $199,673.00; the same having been in fact the lowest bid received which meets all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $199,673.00 from funds budgeted in Account No. 401-000-974-000 (Capital Projects Fund – Land Improvements) for this purpose, payable to Sole Underground, LLC, 5940 Commerce Drive, Westland, Michigan 48185; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary but this authorization does not entitle the City Engineer to authorize any increase in the not to exceed amount or to contract with other parties. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Toy, Bahr, Donovic, Morgan, McCullough, McIntyre, and Jolly NAYS: None On a motion by Vice President Toy, supported by Councilmember Morgan and unanimously adopted, it was: #160-23 RESOLVED, that having considered an application from Nicholas Scott, dated April 24, 2023, requesting permission to close Ohio Street, between Wisconsin and Colorado and Maryland and California, on Sunday, July 2, 2023, from 10:00 a.m. until 10:00 p.m., for the purpose of conducting a block party with music, games, barbecue, water toys, waterslide and fireworks, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. President Jolly announced new data has been received for Agenda Item #12 in the form of plans submitted by the petitioner and an e-mail from a resident. President Jolly relinquished the chair to Vice President Toy at 7:25 p.m. for items 12 through 14 to avoid the appearance of impropriety since his law firm has worked with the businesses in the past. A Festival Floor Plan, received from Wafi Barshini on May 10, 2023, with respect to this item was received and placed on file for the information of the Council. Dave Cusin, 31098 Bobrich, asked if the teardown of the festival and workers partying could discontinue at 11:00 p.m. in accordance with the noise ordinance. Freddy Sackllah indicated they will tear down on Monday. Caitlin Bialowicz, 30528 Jeanine Street, asked if the Police Department could be informed of the decibel limit. Christopher Martin would like Reserve Officers used at the event. On a motion by Councilmember McCullough, supported by Councilmember Donovic and unanimously adopted, it was: #161-23 RESOLVED, that having considered a communication from Wafi Barshini and Freddy Sackllah, Festival Chairpersons, The Basilica of St. Mary Antiochian Orthodox Church, regarding the St. Mary’s Dormition Annual Festival scheduled for Friday, August 11, 2023 through Sunday, August 13, 2023, to include setup on Thursday, August 10, 2023 and take down on Monday, August 14, 2023, and email communications from Darlene Wood, 30527 Jeanine St., Livonia, MI 48152, dated May 3, 2023, and Caitlin Bialowicz, Brookwood Estates Subdivision, Livonia, MI, dated May 5, 2023, the Council does hereby determine to waive section 8.32.070 (noise control) of the Livonia Code of Ordinances between the hours of 5:00 p.m. to 11:00 p.m. on Friday, 12:00 p.m. to 11:59 p.m. on Saturday, and 12:00 p.m. to 10:00 p.m. on Sunday, in connection with this event to be held Friday, August 11, 2023 through Sunday, August 13, 2023, in the rear parking lot of the Basilica of St. Mary Antiochian Orthodox Church located at 18100 Merriman Road, subject to the following qualifications: noise decibels measured at church property lines shall not exceed 60 decibels when the event ends and 85 decibels during the days and hours of the festival as set forth above; FURTHER, provided that the appropriate level of amplified music will be controlled by a church-appointed sound engineer who will have total control of the sound system at all times and that the speakers inside the tent will be pointed north (toward the church) and away from neighboring houses in connection with this event. Councilmember Donovic took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 27 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF LIVONIA VISION 21 ZONING ORDINANCE, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING SECTION 3.____ THERETO. (Petition 2022-05-01-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bahr, Donovic, Morgan NAYS: McCullough and Toy Vice President Toy declared the Ordinance passed. On a motion by Councilmember Donovic, and supported by Councilmember Bahr, it was: #162-23 RESOLVED, that having considered a communication from the City Planning Commission, dated April 24, 2023, which transmits its resolution #04-23-2023, adopted on April 18, 2023, with regard to Petition 2023-03-08-03, submitted by Nofar Hotel Group, requesting to construct a four-story Staybridge Suites Hotel at 31501 Schoolcraft Road, located on the south side of Schoolcraft Road between Merriman Road and Hubbard Avenue in the Northeast ¼ of Section 27, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2023-03-08-03 is hereby approved and granted, subject to the following conditions: The Dimensional Plan identified as Sheet S2, dated April 28, 2023, as revised, and prepared by Powell Engineering & Associates, L.L.C., is hereby approved and shall be adhered to; That all on-site parking shall be appropriately sized and marked, including any barrier-free space(s) as may be required by the State of Michigan; 3. The Landscaping Plan, identified as Sheet Number L-1, dated April 28, 2023, prepared by Vert Verde Landscape Architecture, is approved, provided that the fifteen (15) parking spaces shown along the driveway from Merriman Road be removed and replaced with landscaping; 4. All disturbed lawn areas shall be sodded instead of hydroseeding; 5. Underground sprinklers will be provided for all landscaped and sodded areas; 6. The Exterior Elevations Plans, identified as Sheets A2.1 and A2.2, dated April 28, 2023, prepared by Jarratt Architecture, are approved, provided that either metal or fiber cement panels be used for the tower element above the main entrance, shown on the plan as exterior material D1; 7. The three walls of the trash dumpster area shall be constructed from materials that complement the building. The enclosure gates shall be of solid panel steel construction or a durable, long-lasting solid panel material; 8. All light fixtures shall not exceed twenty feet (20’) in height and shall be shielded to minimize glare trespassing on adjacent properties and roadways; 9. That the issues as outlined in the correspondence dated April 1, 2023, from the Fire Marshal, including providing automatic sprinkler systems, on-site hydrants, and an unobstructed fire access road of not less than twenty feet (20’) wide, shall be resolved to the satisfaction of the Department of Public Safety Livonia Fire & Rescue; 10. Only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 11. No LED light band or exposed neon shall be permitted on this site, including the building or around the windows; 12. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 13. Under Section 13.13 of the Livonia Vision 21 Zoning Ordinance, this approval is valid for one year only from the date of approval by the City Council. Unless a building permit is obtained, this approval shall be null and void at the expiration of said period. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bahr, Donovic, Morgan NAYS: McCullough and Toy President Toy declared the resolution passed. President Jolly resumed the chair at 7:42 p.m. On a motion by Vice President Toy, supported by Councilmember McCullough and unanimously adopted, it was: #163-23 RESOLVED, that having considered a communication from the City Planning Commission, dated April 24, 2023, which transmits its resolution #04-22-2023, adopted on April 18, 2023, with regard to Petition 2023-03-08-02, submitted by Four Winds Church, requesting to expand the parking lot of the church at 31840 Seven Mile Road, located on the north side of Seven Mile Road between Merriman Road and Osmus Avenue in the Southeast ¼ of Section 3, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2023-03-08-02 is hereby approved and granted, subject to the following conditions: The site plan identified as sheet number C2.0, dated March 7, 2023, as revised, and prepared by Beckett & Raeder, is approved and shall be adhered to; That all on-site parking shall be appropriately sized and marked, including any barrier-free space(s) as may be required by the State of Michigan; The landscaping shown on the approved site plan shall be installed to the satisfaction of the Inspection Department and permanently maintained in a healthy condition. Additional evergreens shall be planted along the north property line in cooperation with the neighbors and the Planning Department; All disturbed lawn areas, including road rights-of-way, shall be sodded instead of hydroseeding; 5. Underground sprinklers will be provided for all landscaped and sodded areas; 6. The site shall comply with the City of Livonia or the Wayne County Storm Water Management Ordinance, whichever applies, and shall secure any required permits, including soil erosion and sedimentation control; 7. The three walls of the trash dumpster area shall be constructed from building materials that complement the building. The enclosure gates shall consist of long-lasting solid panel material, such as metal or cement fiber; 8. All pole-mounted exterior light fixtures shall not exceed a height of twenty feet (20’), and all exterior lighting shall be aimed and shielded to minimize stray light trespassing across property lines and glaring into adjacent roadways; 9. That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Certificate of Occupancy; 10. Under Section 13.13 of the Livonia Vision 21 Zoning Ordinance, this approval is valid for one year only from the date of approval by the City Council. Unless a building permit is obtained, this approval shall be null and void at the expiration of said period; 11. The Church shall contact the abutting neighbors to the north and offer to replace the existing fence with a new fence the design of which shall be mutually acceptable to all parties; and 12. The final width and placement of the fire access road as noted in the correspondence dated March 31, 2023, from the Department of Public Safety, Fire and Rescue, shall be resolved to the satisfaction of the Fire and Inspection Departments and shall not require a callback to the Planning Commission or City Council. On a motion by Vice President Toy, supported by Councilmember McCullough and unanimously adopted it was: #164-23 RESOLVED, that having considered a communication from the City Planning Commission, dated April 24, 2023, approved for submission by the Mayor, which sets forth its resolution #04-21-2023, adopted on April 18, 2023, with regard to a request submitted by Tiseo Architects, Inc. on behalf of Plymouth Auto Sales, requesting a two-year extension of the waiver use granted on May 2, 2022, pursuant to Council Resolution 135-22, involving the operation of a used auto dealership with repair facilities and outdoor display of vehicles at 36534 Plymouth Road, located on the north side of Plymouth Road between Levan Road and Market Street in the Southwest ¼ of Section 29, the Council does hereby concur in the recommendation of the Planning Commission and does hereby grant the requested extension for a two-year period subject to compliance with all of the conditions set forth in the original waiver use approval. There was no Audience Communication. On a motion by Vice President Toy, supported by Councilmember McCullough and unanimously adopted, this 1,969th Regular Meeting of the Council of the City of Livonia was adjourned at 7:46 p.m. Susan M. Nash, City Clerk Regular Meeting Minutes of May 22, 2023 41 42344 MINUTES OF THE ONE THOUSAND NINE HUNDRED SIXTY NINTH REGULAR MEETING MAY 22, 2023