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HomeMy WebLinkAbout2019-09-09 CITY OF LIVONIA – CITY COUNCIL MINUTES OF STUDY MEETING HELD SEPTEMBER 9, 2019 Meeting was called to order at 8:03 p.m. by President Laura Toy. Present: Brian Meakin, Jim Jolly, Brandon Kritzman, Scott Bahr, Cathy White, Kathleen McIntyre and Laura Toy. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; Todd Zilincik, City Engineer; Paul Bernier, City Attorney; Susan M. Nash, City Clerk; Lynda Scheel, City Treasurer; Curtis Caid, Chief of Police; Jerome Hanna, Director of Building and Inspection; and Dave Varga, Director of Administrative Services. AUDIENCE COMMUNICATION: None NEW BUSINESS: 1. BLOCK PARTY: Theresa Willyard, re: to be held Saturday, September 28, 2019, from 3:00 p.m. to 10:00 p.m., on Ramblewood, between Perth and Scone, with a rain date of Saturday, October 5, 2019. Theresa Willyard, 14249 Ramblewood, presented this request to Council. She stated there will be a barbecue, games and music. Vice President Jolly offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. BLOCK PARTY: Stacie Anselmo, re: to be held Saturday, October 19, 2019, from 2:00 p.m. to 10:00 p.m., on Middleboro Street, between Westmore and Mayfield, with a rain date of Saturday, October 26, 2019. Stacie Anselmo, 32944 Middleboro, presented this request to Council. She stated that her neighborhood wants to have a Halloween block party with pumpkin carving, bobbing for apples and donuts on a string, bounce houses, a taco bar and maybe a band. Vice President Jolly asked if her neighborhood applied for a grant and Anselmo stated that she was too late to apply this year. Councilmember White offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2 3. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Michael Liss, re: for a single-family home to be constructed at 18428 Foch. Michael Liss, 18238 Deering Street, presented this request to Council. He stated he is requesting a sidewalk waiver because on the street that they are building their house on there are no other sidewalks. He learned that a couple of years ago they redid the road on Foch and there was a consensus by the neighbors that they didn’t want sidewalks. Councilmember Kritzman indicating that taking a look at the neighborhood and in looking at Google Maps, it’s evident that there are no other homes in the immediate vicinity that have sidewalks so the request makes sense. He then offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST TO MAINTAIN MEMBERSHIP IN OAKLAND COUNTY’S COURTS AND LAW ENFORCEMENT MANAGEMENT INFORMATION SYSTEM (CLEMIS): Division of Police, re: as this system serves as a technical link between member agencies to promote communication and the sharing of criminal justice information. Curtis Caid, Chief of Police, presented this request to Council. He stated this item is a request that they bring before Council every five years or so to request authorization for expenditures going forward for the next five years to maintain their membership with CLEMIS. The department has been a member of CLEMIS since 2000, so it’s been nineteen years and they provide a suite of services not only to the Livonia Police Department, but to Federal agencies, State agencies, County agencies throughout southeast Michigan and beyond. It’s expanded not only in the membership numbers but in the services over the years including their CAD Dispatch, data computers, LIEN access, electronic citations, crash reports, the packet is pretty lengthy in what they do for the region, including court services as well. Livonia is one of the eighteen member agencies that have voting rights and are able to give insight and direction to CLEMIS to provide Livonia with the services that we need in records management and in serving our community. He is requesting authorization to continue with this membership and on Page 2 there is an outline of the costs and the projected costs going forward through 2023 and anticipate funds being budgeted in years to come as they have been in past years to maintain that membership. Councilmember McIntyre offered an approving resolution for the Consent Agenda. She then asked how this ended up in Oakland County, she knows it goes back many decades, but asked historically how this occurred. 3 Chief Caid replied this whole format began in 1982 when Oakland County was the hub or the base and it was initially just Oakland County geared and them over the years it has expanded well beyond that. When Livonia joined in 2000, it became their catastrophic back-up site and that gave pricing for in-County because there was a separate fee structure for out-County agencies and at that time they negotiated with that and obtained the in-County rates which were more favorable. So this program has grown in magnitude and again in the services that’s made, in his opinion, that’s made agencies that are members much more comprehensive and efficient in how they provide their services and providing data to the community as well. The crime mapping that Livonia offers, people can subscribe to that and get data that is relatively current, no more than two days old on things that happen in the neighborhood or at different areas in the City. It’s a very comprehensive suite of services. Councilmember McIntyre then asked Chief Caid to give an update and overview on how the “Ring doorbell” program is going for citizens who aren’t aware of that. Chief Caid replied that program is in its infancy, it was rolled out a few months ago and it has been very successful. They saw it as an opportunity to be more engaged with the community and actually offer incentives as well. They give away a ring doorbell once a month, they hold a drawing, and that’s a partnership that they developed with Ring a couple months ago. He stated it’s been productive for the Department in developing suspect information and quite frankly it’s not uncommon that they’re reaching out to residents through that program throughout each week, asking for their assistance in helping either locate suspect information or develop other information for investigation but it’s been a very successful program. McIntyre then described that citizens get a Ring doorbell and then they register with the Police, so they know who the residents are who want to participate and Chief Caid replied there’s an app, a neighbor’s app that they would register with that app and they can opt out of that sharing as well. And the only way the Police can access any of that data is if they have been invited in, it can’t be accessed outside of that nor would they want to. DIRECTION: APPROVING CONSENT 5. REQUEST TO APPROVE PAYMENT AND EXTEND CONTRACT WITH BS&A SOFTWARE: Office of the Treasurer, re: in an amount not to exceed $25,000 per year to provide yearly service and support for the Equalizer Internet Tax/Assessing System for the period November 1, 2019 through October 31, 2022. (CR 383-16) Lynda Scheel, City Treasurer, presented this request to Council. She stated she is requesting approval of the yearly payment to BS&A Software for the next three years for their software support for their tax database and internet service for the tax and assessing system with the amount not to exceed $25,000.00 per year. BS&A is the sole provider for this service and have been doing an excellent job 4 working with her staff providing support services. Approval of this request will mean that the City of Livonia can continue to provide free of charge tax and assessing information not only for our residents, but also to mortgage companies, title companies, realtors, contractors and prospective buyers throughout the City through the City website. She indicated with her letter she included a copy of the last resolution that City Council approved in 2016, along with a report showing what the payments were for 2016, 2017 and 2018. Councilmember White offered an approving resolution for the Consent Agenda. BS&A has been an ongoing contractor for the City, the BS&A Software works very well for the City and that she is fully supportive of continuing this arrangement. DIRECTION: APPROVING CONSENT 6. REQUEST TO AUTHORIZE APPROPRIATION AND EXPENDITURE: Department of Inspection, re: to enable payment to Ultra Green for emergency need to cut tall grass and weeds throughout the City. Jerome Hanna, Director of Inspection, presented this request to Council. He stated he is requesting authorization for payment to Ultra Green, not to exceed $30,000.00 for their weed contractor this year. They were notified in the spring by Maverick Property Maintenance who was their contract holder to cut grass that they were closing their doors and would no longer be in business and unable to fulfill their contract. In that process it was too late in the year to find any contractors that could support this with the manpower needed because most of that is temporary, temporary employees. They spoke with Ultra Green who is the contractor for the City parks and they offered to help us out for this year and then in the next month they will go out for bid for next year’s contract. He said he didn’t expect them to be able to get this much cut but they were able to put things together and they’ll now exceed $15,000 so he is requesting for the budgeted amount to be approved for Ultra Green. Vice President Jolly stated he is not accustomed to Director Hanna coming to Council for this sort of thing and he asked for clarification, if this is when a vacant property or someone neglects to cut the grass you go out and you have the contractor cut the grass and Hanna replied yes, it’s for properties that are in violation of the 9-inches height of weed and grass. Jolly then asked if this is something that ends up being cost neutral, where after the resident or property owner is charged who are neglecting to cut their lawn, does that money get recouped or what is the efficiency for collecting the payment for these services. Hanna stated it is paid back, either they send out a bill after the property is cut, that bill includes the cut plus an administrative cost, and that administrative cost goes up depending on how many times. The first two times there’s a $75.00 5 administrative cost added to that. The third time and above is $125.00. And then if they don’t pay that bill, that gets added to their taxes, so it’s collected either by the bill or through taxes. Jolly stated so it’s at least a cost neutral program and it’s a very big incentive for people to cut their grass and maintain their property and Hanna replied yes. Vice President Jolly then offered an approving resolution for the Consent Agenda. Councilmember Bahr asked Director Hanna if all of the violations that the Inspection Department finds, if they all go through this program or is there some internal resources or is everything outsourced. Hanna replied that everything they do is outsourced. Councilmember Bahr then stated he has an unrelated question that a couple residents have approached him for an answer and that is the exits from I-275 at Six Mile or Seven Mile where the lawn is out of control during the course of the year, whose responsibility is it to cut that. Hanna replied the State is supposed to cut it but when they don’t and it becomes a vision obstruction, the Department goes ahead and cuts it and those are times there is no reimbursement. Bahr asked if Ultra Green does that and Hanna replied yes, they do. Bahr then asked if we charge the State when that happens and Hanna replied no. Bahr then asked if we hold the State to the same standards within the community, the nine inches. Hanna replied he’s not sure how the enforcement would work at the State level from here. They try to get that done, just like the County, we make calls to people at the County and we try to get things addressed. Bahr asked how many times a year that occurs and Hanna replied he does not know, but it’s not very often but they do get complaints when it becomes a vision obstruction, they’ll just send the crew out to do it. Bahr asked if they do it as a service and Hanna replied they do try to make contact with the State or the County, whatever the road is. DIRECTION: APPROVING CONSENT 7. VACATING REQUEST: Engineering Division, re: to vacate water main easement within Schoolcraft College, located at 18600 Haggerty Road and 17950 College Parkway. Parcel ID 46-027-99-0001-003 and 46-189-99-0037-000. Todd Zilincik, City Engineer, presented this request to Council. He stated this is a housekeeping issue, they want to accommodate Schoolcraft College to vacate the existing location for the water main due to proposed construction and looking for it 6 to be sent to the Planning Commission for routing and approval in the near future here, he knows it’s a two month process. A representative from Schoolcraft College is present if there are any further questions but it’s pretty simple, pretty straightforward and he knows it’s going to take a couple months to get the approval process completed. Councilmember White offered a resolution to refer this item to the Planning Commission for the Consent Agenda. Councilmember Kritzman clarified with Zilincik that this item is vacating an existing easement and Zilincik replied yes. Kritzman then asked if it is an active easement that’s being used for an active water main now and you’re looking to relocate the water main. Zilincik stated they’re looking to relocate the water main and Kritzman asked if those costs would be covered by the college and Zilincik replied yes. Kritzman then asked if they would be coming back for an additional easement down the road and Zilincik replied they’ll be looking to dedicate it at no charge for the future location to help us and future maintenance, yes. DIRECTION: 1)REFER TO PLANNING COMMISSION CONSENT 8. REQUEST FOR ADDITIONAL APPROPRIATION AND EXPENDITURE: Engineering Division, re: for the Ann Arbor Trail Intersection Project (Contract 19- C) (Newburgh Road and Ann Arbor Trail) for an additional $25,091.00 and revise contract total to $4,525,091.00. (CR 54-19)(CR 248-19) Todd Zilincik, City Engineer, presented this request to Council. He stated they recently completed the Ann Arbor Trail improvements from Eckles to Newburgh. As part of that project they were able to take advantage of some of the existing traffic control devices that were set up to do the two southbound lanes at the corner of Ann Arbor Trail and Newburgh near the Seven/Eleven, they were in pretty bad shape, very deteriorated as you traversed that area, we wanted to get that area completed before school. As you know last year they did some improvements down in that area shortly after the primary election. Again, we want to continue further north and able to get that area completed. Hard Rock came to the rescue to do that work. DPW provided the signage and traffic control for us to occur, so it was a team effort and they were able to get that done within a week period. And we’re looking for payment based on the contract unit prices that were part of Contract 19-C in the amount of $25,091.00. Vice President Jolly stated he had a question that is loosely related to what Zilincik just said. He said if his understanding is correct, it was a civil engineering traffic study that removed the stop signs down many of the roads such as Levan, Wayne Road and such, is that correct? Zilincik replied this is referring to Newburgh and Ann Arbor Trail. 7 Vice President Jolly withdrew his question and told Zilincik he will discuss it with him at another time. Councilmember Meakin offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. WAIVER PETITION: Planning Commission, re: Petition 2019-07-02-11 submitted by Green Palace Reflexology, to operate a massage establishment on the south side of Five Mile Road between Middlebelt and Henry Ruff Roads (29447 Five Mile Road) in the Northeast ¼ of Section 23. Mark Taormina, Director of Planning and Economic Development, presented this request to Council. He stated this proposed massage establishment will be located in the Mid-Five Shopping Center which is on the southwest corner of Five Mile and Middlebelt Roads. It’s a large community sized shopping complex, about 86,000 square feet. This particular unit would be at the south end of the plaza. It would occupy a unit that is just under 3,000 square feet in size. The proposed use at this location does comply with the special waiver requirements which mandate that any new massage establishment not be within 400 feet of another massage establishment, nor the same distance from any school, place of worship, daycare center or the like. There are no other massage establishments or those types of other facilities within 400 feet. This would not involve any exterior modifications to the building other than signage. Parking is adequate for the site. The Planning Commission reviewed this at their public hearing a couple weeks ago and is recommending approval of the proposed use at this location. Councilmember McIntyre asked if the Petitioner was present and Taormina replied she is. President Toy called the Petitioner to the podium. Yan Zhao, 44532 Marc Trail, Plymouth, came to the podium. Councilmember McIntyre then said that she recalls when previous reflexology businesses have come before Council, and that she also knows that all the licensing for massage therapy is done at the State level, the City has no jurisdiction. But if she recalls correctly if it’s reflexology only it does not require licensing by the practitioners who would work for the Petitioner, but that a number of the reflexology businesses in Livonia, the practitioners do have their State massage licenses. She then asked if the people working for the Petitioner will have licenses through the State. Zhao replied yes, that the foot reflexology will have licenses. The second is the back acupressure. This is just not massage, this is the Asian, the Chinese, and 8 they will be certified by National Organization for Asian Bodywork Therapies or licensed by the Board of Massage Therapy. Councilmember McIntyre then stated that reflexology only does not require a license but that she’s happy to hear and always thinks it’s good when even if you’re only going to do reflexology, she thinks it shows a commitment to the business and your employees to have the licenses. Zhao explained the various services that will be offered at Green Palace Reflexology and stated she has a lot of experience. She then showed the drawings of the space she will occupy. President Toy asked what the hours of operation will be and Zhao replied from 9:00 to 9:00 seven days a week. President Toy then asked where her customer base will come from and Zhao replied from advertising and through other social media. Councilmember Meakin offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. WAIVER PETITION: Planning Commission, re: Petition 2019-07-02-12 submitted by Zukin’s Rib Shack, to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) and to expand the existing food service operation to include an outdoor dining patio in connection with the operation of the full-service restaurant on the south side of Five Mile Road between Farmington and Ashurst Roads (33897 Five Mile Road) in the Northeast ¼ of Section 21. Mark Taormina, Director of Planning and Economic Development, presented this request to Council. He stated this is a pretty straightforward application by Zukin’s Rib Shack, to operate a Class C liquor license at the existing restaurant on Five Mile Road. Zukin’s would also like to add an outdoor dining patio. This would occur basically on the sidewalk on the north side of the restaurant. The patio would be rather small, about 7 feet by 35, 40 feet. It would only have the capacity to accommodate about six people, just a few tables. The seating would remain at the limitation which they were approved at previously which is 48, but during the summer months they would move some seats from the inside of the restaurant to the patio and then bring those seats back in during the winter months. Access to the patio would be from the interior of the restaurant, that is required by our Police Department, that there be separate access, also it would be fenced with the appropriate emergency egress gate provided. There are details in the packet that show what the fencing would look like. This does require Council’s approval to waive the separation requirement. There are two other such licensed businesses within 1,000 feet of Zukin’s. That includes 9 O’Malley’s Bar & Grill, as well as The Bench Pub, both of which are within that distance and would require Council’s separation of the 1,000 foot requirement. The Planning Commission is recommending approval of this request and I believe you should have all the conditions of approval provided in your packet. Councilmember McIntyre asked Taormina what has changed in the liquor license world that now allows these Class C licenses, because there has been a liberalization or an increase, right, in availability of these, is that correct? Taormina replied with respect to the on premise license like the Class C, nothing has changed so much that effects the City of Livonia. We did expand the opportunity for Class C License to include the C-1 Zoning, that was done fairly recently, but this however is Zoned C-2, so it would qualify for this type of license with or without that recent amendment. I think you might be thinking about the expansion of the Special Designated Merchant License, or the SDM or SDD Licenses, that’s been expanded most recently by the State by the Michigan Liquor Control Commission. McIntyre stated that she thinks she was thinking of both things, Livonia’s change in the zoning and then also the State. President Toy called the Petitioner to the podium. Louis Conz, 33897 Five Mile Road, came to the podium. He stated one of the reasons for his request is that he has had a lot of requests from a lot of the customers that they would enjoy a beverage with that type of food and everything else. We do have a majority for the carry-out for the reason that they want to take it home and have one, so they would like to stay and enjoy it there instead of rushing home and trying to still have it warm. So that is one of the reasons he is making this request for his customers. President Toy asked Conz to tell a little about the patio. Conz stated basically it’s right there on Five Mile and again, a good portion of it just so that there would be some recognition, too, people would see it. It’s so easy to pass by and drive past it without recognizing what it is. He stated he thinks it will enhance the awareness and then also it would be a door, it would be the first window right there by the corner to the left and that would end up being a doorway and then the rail, aluminum rail all the way down and then it will also have a gate that’s required to get out, a one way gate. Vice President Jolly stated he got take-out food from Zukin’s for his family on Friday and was impressed on how nice the restaurant looks on the inside. He went on to state when Council is looking at these strip malls, creative uses and thinkers that 10 will draw people in, are not only good for your business but they’re good for all the surrounding businesses as well. Conz stated that the outside will be very appealing with the flower planters and definitely enhance the look. Vice President Jolly offered an approving resolution Councilmember Meakin asked about the patio, stating he understands that’s the sidewalk to nowhere but it’s also probably the busiest – most of the cars cut right there to get to the back driveway so they’re cutting across so they can turn left right there. Conz replied he hasn’t witnessed that occurring that much. Meakin then stated he likes the restaurant and understands the request for the Class C License, but still isn’t convinced that the patio is really going to help business and he has some safety concerns about the patio as there’s no barriers and a fence is not going to stop a car from knocking it down. Conz asked if he was concerned about a car coming west going east through the driveway there or turning once you’re in the plaza? Meakin replied in the plaza turning left in front of Zukin’s to that driveway. Conz stated it’s going to stop just beyond the window, so there’s going to be the corner of the building right there, and two pillars there still, so it won’t go all the way to the corner, it’s going to stop just beyond that first window. So if they’re going to hit any, they’re going to come up over the sidewalk and take out the corner before they even get to where the patio will be. Meakin then asked if Conz really thinks he’ll increase the sales to offset the cost of implementing the patio and with all the conditions the Planning Commission put on him. Conz replied he looks at it this way, what it cost to put the patio would be the same amount to put a sign. He stated just the esthetics of the patio, more people will notice some tables out there with a rail than they are sometimes even a sign. Kritzman stated he thinks it would be good to have a spot out there but he does think the comments from Councilman Meakin are certainly something to look into and he’d be curious to see what that distance is from the curb to where that sidewalk starts. Certainly what we’re seeing in the photograph there, that’s not even a real 6-inch high curb. Based on pavement being added over the years, that thing looks to be about three inches so not much of a deterrent there. If possible, I would strongly recommend that you consider concrete planters out 11 there set at an interval. It’s an opportunity for planting annuals and landscaping and things of that sort, but at the same time protecting the patrons that are sitting there. I don’t think it would be inhibiting traffic and it may, if anything, cause people to slow down a little bit as they come through there but I look forward to it. Conz stated he would have to talk to the property manager before he could put that and Kritzman replied the City has ordinance requirements that dictate the width of two-way traffic and would recommend finding out what that ordinance requirement is, he thinks it’s 22 feet. Taormina stated in this case it’s 24. Kritzman stated if you’re beyond 24 feet, maybe you’ll look at setting a series of concrete planters out there that would help improve the esthetics of that view from Five Mile, it would have the added benefit of being planter opportunities for you to add some color out there and on the third side protect the patrons that are sitting out there. President Toy asked as you come to the patio, will it meet that sidewalk, is that what you’re going to do, are you going to lift it up a bit and Conz replied no, it would be right at the sidewalk, right at the post and everything, yes. President Toy asked if the patio floor will be even with the sidewalk and Conz replied yes. She then asked how far out into that driveway area is the patio going to come, all the way to the curb and Conz said yes. President Toy asked Taormina if the Bench Pub could do the same thing, do they have enough room where they could request a patio as well. Taormina said they could request a patio, but he’d have to look at the circumstances and the area at that location to see and it would have to be discussed with the Inspection Department. It’s a little different circumstance where the Bench Pub is located, he’s not sure the sidewalk is maybe as wide but it’s probably used a little more than this one, plus you’ve got probably an aisleway there that runs along the building as you can see from this photo that’s probably used a little bit more. They could very well bring a patio request to you but he’s not sure if there’s any change of circumstance. President Toy stated she is excited about this project but it will probably influence the other business to come in and do something. Conz said one of the reasons why he did that is not traveled and it’s not really used. He could understand if he was doing it in the front which would be a little bit more but he feels with it being off to the side, it would be a little bit better and hard to be out front. 12 President Toy then asked Taormina if this liquor license go with the site, so if he were to sell tomorrow, would that still be available or he would be able to sell that, correct? Taormina replied the use of the license at this location would be restricted would be restricted to this user only and that is in the Planning Commission’s recommendation. However, the other part of your question, could he sell it, yes, he could sell the license, absolutely and it could be moved to a new location or it could stay at this location with a new user subject to Council’s approval. President Toy asked the Petitioner if he has a liquor license and Conz replied he has put a down payment on it and everything and it’s dependent upon the outcome. Taormina stated this will have to go on the Regular Agenda because of the separation requirement. DIRECTION: APPROVING REGULAR 11. REQUEST TO APPROVE 2019-2024 CAPITAL IMPROVEMENTS PROGRAM: Planning Commission, re: submitted pursuant to State law, to be used as a guide to funding priority capital projects. Mark Taormina, Director of Planning and Economic Development, presented this request to Council. He stated the Capital Improvement Program includes years 2019 through 2024. This follows the same format as previous Capital Improvement Programs. It identifies the various public improvements, both structures and other items for that six year period, itemized by Department, prioritized, estimated costs, costs that the City would be responsible for, what the funding source would be as well as the type of project categorized and the area benefit associated with the improvement. There are multiple pages, the Capital Improvements have been sorted by various ways and a total is broken down both by department, by funding source, project type as well as are benefit. This is a requirement of the Michigan Planning Enabling Act and the Planning Commission has approved it and typically the Council receives this document and it serves as an aid in doing the annual budget and if desired you would place it in Committee, that’s been done in the past, I think the Finance & Budget Committee in the past have reviewed these items. Councilmember Meakin stated this gets referred to the Capital Improvement Committee. Councilmember Bahr offered to refer this to the Capital Improvement Committee. DIRECTION: 1) RECEIVE & FILE CONSENT 2) REFER TO CAPITAL IMPROVEMENT COMMITTEE 13 AUDIENCE COMMUNICATION None st For the 1,881 Regular Meeting of September 23, 2019 As there were no further questions or comments President Toy adjourned the Study Session at 8:54 p.m. on Monday, September 9, 2019. DATED: September 13, 2019 SUSAN M. NASH, CITY CLERK In accordance with Title II of the American with Disabilities Act as it pertains to access to Public Meetings, the City Clerk’s Office of the City of Livonia, upon adequate notice, will make reasonable accommodations for persons with special needs. Please call (734) 466-2236 or email clerk@ci.livonia.mi.us if you need assistance. Council agendas are available on the City’s website – www.ci.livonia.mi.us - under Government, City Council, Agendas.