Meeting Minutes for February 7, 2005

A regular meeting of the City Council of the City of Harbor Beach was held on Monday,
February 7, 2005 at City Hall. The meeting was called to order at 7:00 p.m. by Mayor Swartz.

Present: Kleinknecht, Schelke, Semp, Wood and Mayor Swartz
Finance Officer Youatt and Engineer Bergdolt
Absent: None

There were no corrections or additions to the agenda.

It was moved by Semp, seconded by Kleinknecht to approve the minutes of the January 17, 2005 Council meeting, January 20, 2005 Planning Commission meeting, January 24, 2005 Recreation Commission meeting, January 25, 2005 Administration Committee, DPW Committee and Negotiating Committee meetings and the February 3, 2005 Administration Committee meeting as presented, with a correction in the January 17, 2005 Council meeting minutes to read “ISO 14001 Certification instead of “ISO 4001 Certification.” Motion carried. 5 yeas.

Bills for January 2005 for $ 220,899.50 were presented to Council. It was moved by Wood, seconded by Semp to approve payment of the bills as submitted. Motion carried. 5 yeas.

A bill from MDOT for the M25 project in the amount of $ 1,608.67 was presented to Council.
It was moved by Schelke, seconded by Kleinknecht to approve payment of the bill as submitted.
Motion carried. 5 yeas.

A bill from Sand Beach Township for the City’s share of Schock Road resurfacing in the amount of $ 19,567.00 was presented to Council. It was moved by Semp, seconded by Wood to approve payment of the bill as submitted. Motion carried. 5 yeas.

Citizen Comment: Mike Holdwick, Pierce Road, Sand Beach Township, complained about the dredge disposal site lagoons not being drained. Youatt will check with DEQ regarding their requirements for maintenance of the site.

OLD BUSINESS: City Attorney John Ferris was present and addressed Council and the public regarding his opinion of the City Charter as it relates to the creation of the City Finance Officer/Clerk position by Resolution # 97-012, as well as to the duties of the Mayor. Mr. Ferris stated that in his opinion the City Council in place at the time the Resolution was adopted acted in accordance with the Charter and in accordance with State law. The Charter states that the Council has the right to appoint a Finance Officer, to assign whatever duties they wish, and to combine the position with any other position they wish to. Mr. Ferris also stated that none of the provisions regarding the office of the Mayor are taken away by virtue of appointment of the Finance Officer position, but that the Finance Officer is responsible for the day to day operation of the City. Mr. Ferris also stated that this or any future City Council can change the status of the Finance Officer position by Resolution by majority vote of the Council.
OFFICIAL COUNCIL PROCEEDINGS PAGE 2
FEBRUARY 7, 2005


OLD BUSINESS (continued): It was moved by Schelke, seconded by Wood to accept the recommendation of the Administration Committee and to approve the appointment of Ed Ramsey as Zoning Administrator for the City, effective January 17, 2005, with a starting pay of $ 10.00
per hour. Motion carried. 4 yeas. 1 nay (Mayor Swartz).

It was moved by Wood, seconded by Kleinknecht to approve the Mail Box Replacement Policy, dated January 27, 2005, as recommended by the Administration Committee. Motion carried.
5 yeas.

NEW BUSINESS: John P. Lermont, Fire Chief, updated Council on issues related to the Fire Department. The Department received $ 60,000 in grants last year and used $ 25,000 to purchase an infrared camera. A 1995 Aerial Fire Truck was purchased for $ 156,000. The Department has received a Class 5 rating, which is the best rating of any Department in the Thumb. Chief Lermont stated that the rating allows insurance companies to lower home insurance rates to property owners in the Harbor Beach area. Following Chief Lermont’s presentation, it was moved by Schelke, seconded by Semp to approve the 2005 appropriation request of the Harbor Beach Area Fire Department in the amount of $ 47,196.73. Motion carried. 5 yeas.

Finance Officer Youatt presented a proposal to Council from JJR, Ann Arbor, Michigan, dated
December 22, 2004, to provide a Waterfront Development Plan for the City for a base cost of
$ 18,000 plus reimbursable expenses not to exceed $ 1,500. It was moved by Schelke, seconded by Semp to approve the proposal as submitted. Motion carried. 5 yeas.

A recommendation from the Planning Commission to Council to approve a Conditional Use Permit application submitted by The Lighthouse Assembly of God church to construct a new church facility on approximately 13 acres of property located in the City adjacent to Section Line Road, was presented to Council. The Church also requested to be allowed to construct and use 8 seasonal recreational vehicle campsites with utilities provided for approximately four (4) years . Youatt stated he checked with the City Attorney and reviewed the City Zoning Ordinance and other Ordinances and there was no provision to allow this. Youatt stated the Zoning Ordinance would have to be amended to allow the seasonal campsites to be constructed and used. It was moved by Schelke, seconded by Wood to approve the Conditional Use Permit application to allow the Lighthouse Assembly of God to construct a new church. Motion carried. 5 yeas.

Engineer Report: Design work continues on the sanitary sewer retention basin project. Pre-cast concrete walls and roof may be most economical construction method. A flushing gate system will need to be implemented instead of the proposed tipping bucket system due to height of facility. Cracked sidewalk and slope issues are being addressed in the Downtown Streetscape project. Concrete replacement will begin in the Spring. A proposal for smoke testing of the main sewer interceptor has been submitted.
OFFICIAL COUNCIL PROCEEDINGS PAGE 3
FEBRUARY 7, 2005


Finance Officer Report: Jacob Glide, a High School student, is working with the City on updating the City’s web site and is doing a great job. A Coastal Management grant (up to 50% of the total project cost) may be available to assist with the Waterfront Development Plan project.

Council Reports: Councilmember Kleinknecht reported the Family Ties project sponsored by the American Legion has resulted in donations of over 500 pounds of food and $ 2,300 in cash to be used to support local troops serving overseas.

Mayor Swartz thanked the Chamber of Commerce for an excellent 2005 brochure. The ISO 14001 celebration at Detroit Edison on February 4th was well attended.

There being no further business, the meeting was adjourned at 8:22 p.m.


Tom Youatt, City Clerk









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