REGULAR MEETING OF THE CITY COUNCIL OF PORT HURON - Tuesday, May 26, 2009

The Port Huron City Council met for their regular meeting this night because of the Memorial holiday. The meeting was called to order at 7:00 p.m. in the council chambers of the Municipal Office Center. All council members were in attendance and they approved the minutes from the previous two meetings. The regular meeting held on May 11, 2009 and the special meeting of May 18, 2009.

The first item on the agenda was a special presentation by Gregory Lambert, Special Operations Supervisor, Detroit Sector Headquarters of the Department of Homeland Security. He was there to present to council the plan to place border security cameras on the roof of the MOC building. This is called the Northern Border Project and it is a movement to secure the borders of Michigan. Over the past several years, the focus has been on the southern borders. However, they have decided that the northern borders need attention now.

There will be 11 tower sights along the St. Clair River, starting in Port Huron and going south at several locations. A map was presented explaining where those towers will be located. The first site will be on top of the MOC building. It will have day and night cameras sending video to Selfrige Air Force Base 24 hours a day, 7 days a week. The cameras are not that big and one camera can be held in a man's arms. These cameras will be looking for cross border illicit activity. Congresswoman Candice Miller is working on this project and Mr. Lambert explained that he has been in constant communication with her and will continue to be. Councilmember Stevens asked Mr. Lambert to explain exactly what they will be looking for and he said they are not looking for people on their pleasure craft drinking beer or looking in people's houses. This will be strictly to look for illicit cross border activity. It was also brought up that the city would be paid to have the cameras mounted on their building.

There were no more questions from council so they moved on to the Public Hearings.

The first Public Hearing was to hear comments on the Consolidated Annual Performance Evaluation Report (CAPER). The Mayor asked if anyone wished to comment on this and no one did. They moved on to the next one.

The second Public Hearing was to hear comment on the leasing of space at the Court Street Pool site for a cellular telephone antennae. Edison Palmer of 22nd Street in Port Huron spoke to council. He stated that he lived in that neighborhood. His mother had experienced this same issue at her home on Riverside Dr. when that tower was installed. He expressed that he would like an impact study to be sure the tower is safe. He asked that the council vote no or postpone this vote until they can be sure it's safe for the kids swimming in that pool. He asked that council consider the people living in that area because they will have to look at it.

After Mr. Palmer finished his statement, the Mayor asked if anyone else wanted to comment and no one did. Councilmember Byrne moved to approve it and Councilmember Lewandowski seconded. The Mayor asked for comments or concerns from the council.

Councilmember Fisher stated that they had received a couple emails concerning this from neighbors of this site. One of which was Major Meier's of the Salvation Army. He had suggested that an American Flag be put on the pole. He wanted to make sure the flag would be lighted 24 hours a day, 7 days a week.

Councilmember Stevens was not sold on the idea of a flag being attached to the pole. She stated that it might look like a flag pole and have a flag on it, but it will have to be lighted all of the time and she was concerned this might annoy some of the neighbors. She felt citizens should have a say on that too. She also shared that she has a neighbor that leaves their flag up all night and in the summer when the windows are open, it's not pleasant to listen to the flag flapping all night long.

Councilmember Byrnes agreed that a flag would be nice but maybe the neighbors should be asked. He wanted to now if it was a done deal.

City Attorney Livesay informed the council that it was the cities decision whether a flag would be placed on the pole. He said that if we wanted the flag, the cell company would pay for it. He also stated that the schools in the area had not raised an objection on this.

Councilmember Fisher pointed out that this would be 600 ft. away from the nearest house. If the flag flapping is the only bothersome thing then this must be a great neighborhood.

City Attorney Livesay said that there is no house within the 300 ft. required by the city around the poles. The Salvation Army has a pole in their front yard which is about 50 ft away from those houses.

The discussion ended and roll was taken. It passed unanimously.

The Mayor then opened up the floor to Public Audience.

Anthony America was the first to speak. He stated that someone in this city was not doing their job. He asked why the city officials were not asking state and federal officials for funds from cities in distress like other cities are doing. He then said that the real reason for speaking was it was not right what happened at the last budget meeting. Items 1 - 10 were bundled and voted on all at one time. The elimination of the city attorney's office was in that section. He felt it was unfair to our city attorney and it should have been discussed, not bundled and voted on.

Ken Harris spoke about the city managers letter in the Times Herald today. He also felt the budget was incomplete and should not be adopted at this time.

No more people wanted to speak at public audience. At that time the council was to vote on the Consent Agenda. The Mayor asked that item #4 be removed from the consent agenda. He then read those parts for the public. Resolution #1 - Recognizing Port Huron Arts Incubator, Inc., as a nonprofit organization operating in the City of Port Huron and Resolution #2 - Appointing Patricia P. Bradley as the Republican Representative on the Board of Canvassers to fill an unexpired term ending December, 31, 2011.

The Mayor read off a list of upcoming events:
May 30 - Beautification Commission's Plant Day. Meet at 9 a.m. in front of the county Courthouse.
May 31 - Welkin Base Ball Club plays at 2 p.m. at Lincoln Park.
June 1 - Cancer Fund Raiser at Daybreak Cafe parking lot.
June 4 - Taste of Port Huron
June 6 - Be a Tourist In Your Own Town, 10 a.m. to 4 p.m.
June 6 - Black River Canoe Race
June 6 - Flower Market at Vantage Point
June 7 - CHOK/YMCA International Bridge Run starts at 8 a.m.

From the City Manager
1 - Recommendation that the bid of Northgate Ford in the amount of $20,650.00 for the purchase of a 2009 Ford Taurus SE for use by the Police Department be accepted.

Councilmember McCullogh moved to adopt and Mayor Pro Tem Fisher seconded. Councilmember Lewandowski asked if this would hurt the My Deal program the city belongs to. City Engineer Bob Clegg said that because the city didn't do any comparison shopping it would not hurt that program.

The entire council agreed that it was very positive that the city shopped local for this car and also that it was a great price.

It was voted on and approved unanimously.

2 - Recommendation that the bid of Northgate Ford in the amount of $41,250.00 for three 2009 Ford Focus SE vehicles for use by the Planning Department Inspectors be accepted.

Councilmember Stevens moved to adopt, Councilmember Doorn seconded.

The Mayor asked if this was a budgeted item. City Engineer Clegg said it was not but they are getting better service for the police cruisers so those vehicles are lasting longer. The money that was budgeted for a new cruiser would be used for these cars. He did confirm that there is a rotation of vehicles and police cruisers are rotated down to inspectors. He mentioned that there aren't any cruisers available at this time to rotate down and he felt it was prudent to spend the money on these cars because the price was so good.

The council voted and passed it unanimously.


Next up Resolution #3 - Approving an agreement with the Port Huron Area School District for the use of school buses for transporting children in the City's public recreation program and/or the use of the playgrounds and buildings during the summer months while schools are closed for the summer recess.

Mayor Pro-tem Fisher motioned to adopt and Councilmember McCullogh seconded.

Mayor Moeller wanted to know that the bottom line for this was. John Berry of the city explained that this was a standard agreement with the school district. It was funded by grant money from the Community Foundation so it doesn't cost the city anything.

It was voted on and approved unanimously.

Resolution #4 - Designating First United Methodist Church, 828 Lapeer Ave., as the polling location for Precinct 6 voters.

Councilmember McCullogh motioned to adopt and Councilmember Doorn seconded. Mayor Moeller wanted to know if there was another building in Precinct 6 that could be used. He was concerned and echoed Ken Harris' worries that were stated at Public Audience.

City Clerk Child said she had tried to find a suitable building in Precinct 6 but there were various reasons why non of them were available. She explained that it had to be in a public building and could not be in a private building.

Mayor Pro-tem Fisher asked if more than one Precinct could be in the same building.

City Clerk Child said that the law allows for 6 Precincts to be housed in one building. She felt that this would work well. The church has an large parking lot. They would keep the 2 Precincts separate. There would be two different lines, one for each Precinct. She also expressed that she understood this would be confusing at first but the city staff will do the best they can to help people. The staff will send out new ID cards to those affected by the change. She said that they would put color stickers on them to help people identify their Precinct. She also said that they would put signs right by the curb at Harrison School to let people know they have to vote in a new place before they even get out of the car. There will be a phone number for people to call if they have any questions. But because the school district is closing Harrison school, there is not much the city can do about this. She also pointed out that Precinct 8 will have that location closed by the end of the year and they will have to look for a new location for that one too.

Councilmember Stevens experienced her Precinct closing at one time and she said it was not that confusing. Her ID card came in the mail and it told her where she was to vote.

Mayor Pro-tem Fisher had his change too and he felt it was very easy.

Mayor Moeller asked if the city clerk hand considered the Community Center on Taylor St. City Clerk Child had not considered it because it seemed out of the way for people who normally went to Harrison School to vote.

The roll was taken and it passed, 6 to 1 with Mayor Moeller voting no.

Resolution 5 - Adopting the budget, including the Downtown Development Authority budget, for the fiscal year beginning July 1, 2009 and authorizing the levy of the tax millage rates.

Councilmember Stevens moved to adopt with Mayor Pro-tem Fisher seconding. Councilmember Stevens wanted to thank the Downtown Development Authority for shifting $100,000 to McMorran.

At that point there was a long pause while the Mayor was looking for something. He found it on page 21. HE was very happy that the DDA had shifted the $100,000 to McMorran and that this was a really important step. He also thanked them for a better line item budget but he would really like to see them submit quarterly reports so they council can see what they are doing.

The council voted on the two budgets and it passed 6 to 1 with Councilmember McCullogh as the no vote.

Resolution #6 - Approving the agreement with the Government of the United States through the Department of Homeland Security, for the leasing of space on the roof of the Municipal Office Center for border security cameras.

Councilmember Lewandowski moved to adopt and Councilmember McCullogh seconded.

Councilmember Byrne made mention that he is not thrilled with cameras all over the city but is satisfied with the terms of the deal.

The council voted and it was approved 6 - 1 with Councilmember Byrne voting no.

Resolution #7 - Authorizing the required applications, certifications, and grant agreements to secure the additional 2008 CDBG-R, 2009 CDBG, and 2009 HOME funds from the U.S. Department of Housing and Urban Development.

Councilmember Stevens expressed that this community does not need any more low income housing. She said she looks at our community and sees we are becoming a low income community which only erodes our tax base.

Councilmember Lewandowski felt it should be pointed out that this program was not to just build low income housing. It also encourages those with lower incomes to become first time home buyers. He felt it was a win/win because there are plenty of foreclosed homes in the community that first time home buyers, who haven't been able to save up a down payment, could get into.

At this point Mayor Moeller asked if there were any more things for the good of the order.

He mentioned that he had been in the Memorial Day Parade and had a great time besides the fact he didn't wear a hat and got the top of his head burned. He wanted to thank all the Veterans for their service. He felt the ceremony in Pine Grove Park afterwards was very nice and VERY moving.

Councilmember Byrne asked where people could find out more about the Black River Canoe Race. City Finance Director John Ogden came up and said they might be able to find out from Wier Construction because that was who was sponsoring the event. (Note: When asked later why Councilmember Byrne had asked that question, it was to see if the city would direct people to Downtown Port Huron for answers to all their questions about upcoming events. He knew before he asked the question that people can call Downtown Port Huron and was disappointed that Mr. Ogden did not tell everyone that they could find out this information through Downtown Port Huron).

Councilmember Stevens wanted to express to all the city staff that she was aware of all the nail biting and agonizing over the budget and she wanted to let them know that if it caused anyone any pain, she was sorry. She said there were some very tough decisions made and it was hard to cause any pain for any city employee.

The meeting was adjourned at 7:50 p.m.

The next meeting will be held on June 8, 2009 at 7 p.m. in Council Chambers of the MOC building.

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