County Seat Newspaper
of Clare County
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By DIANNE ALWARD-BIERY
Cleaver Senior Staff Writer
HARRISON – Aside from its standard adoption of the previous meeting’s minutes, the day’s adoption of bills, and the mayor’s oft-offered words of appreciation and his hope for a successful, fun Street Fair, the Harrison City Council’s Aug. 17 meeting saw action on multiple motions. Those included Council moving to:
Reports of Committees and Department Heads began with Fire Chief Barry Wallace Jr. reporting 315 runs year-to-date, including one that same day. He said his department had been busy every day with the Clare County Fair and currently was busy setting up an emergency operations plan for Street Fair, for which a Jaws of Life demo also was planned. He also informed there would be reimbursement for some of the mutual aid HCFD had provided during the recent flooding in Evart. Wallace added that the Eye On Water app had been a success at the fire department where there had been leaky old toilets resulting in four to five gallons used every hour. He said after the toilets were replaced, water usage went essentially to zero, helping his department keep an “eye on the budget.”
Wallace said he continues to work on his department’s Capital Improvement Plan, and invited Council to visit and see how his department operates, see how it is spending its money, or even play firefighter for a night/weekend/month, and offered to hook them up with a pager.
“It’s more than just running the calls, there’s a lot more behind the scenes stuff,” he said. “I would really encourage you guys to come over and ask questions … keeps us honest and you guys a little bit more informed on what’s going on.”
Council then made a plan to meet at 5 p.m. Sept. 14 for the Fire Hall visit, prior to the regular 6 p.m. meeting.
DPW Supervisor Sam Russell reported maintaining the city, preparing for Street Fair, and that the sprinklers were on at the former Remedy property. Russell said the Byfield work would begin that Wednesday with paving to begin the following week. He also noted having followed up on a cost-saving measure potential, and that I-Deal had agreed to a 10% discount for each asphalt sealcoating and crack sealing [including City Park] if the City does all the projects at the same time [preferably every three years]. Russell was then instructed to seek an additional bid for that work, which includes crack sealing and sealcoating of parking lots at City Hall, Fire Department, The Venue, the new lot at Harrison District Library, City Park and the DPW.
Additionally, Russell informed that his department is obliged to spend 1% of its Act 51 money on sidewalk repairs or new sidewalks, and made a suggestion for new sidewalk along the City Hall property on Sullivan Drive, and across to Foote Drive to the new park entrance. Additional work would include repairs to Logan’s Run on the side that goes up to Hillcrest. He also will assess all the sidewalks, something that was done in 2018, and urged Council to present any ideas they might have for any additional sidewalks.
Mike Freeman, code enforcement officer, reported having been busy; that four lawns were taken care of; three new houses are in the process of being built in the city, and the first short-term rental inspection had been done the previous week.
Kathy Maharas, city clerk, reported the election had gone well, that she had learned a lot, and appreciated all the backing and support she had received from the city manager, treasurer, and the hard-working election inspectors. She also urged everyone to “Keep your eye on water with Eye On Water because surprise leaks are only fun in mystery novels.”
Justin Cavanaugh, city manager, also reported the election went well, noting Harrison was the first precinct to be done and get their election results in. He informed that he is working with all the departments on the Capital Improvement Plan, with a plan to get it to the Planning Commission at its next meeting Sept. 8. He added that the Planning Commission would be having a public hearing on the Solar, Wind and Battery Ordinance, as well as Corner Lot Zoning Ordinance Updates at that meeting.
Cavanaugh also spoke of working with the Conservation District for the 2027 tree-planting initiative regarding variety availability and appropriateness to locale. The first choice is Kentucky Coffee Tree, but if not sizeable enough, the choice will sycamore trees; Cavanaugh said he is applying for a DTE grant which could provide up to $4,000 to defray that cost.
He also informed that the previously approved the BS&A upgrade to accounts receivable at a cost of $9,115 had been successfully haggled down to $4,215 due to many of the program elements [trainings] not being needed – a price reduction of 54%.
At the Sept. 21 Council meeting, there will be a public hearing for the Parks and Recreation Plan, and the 30-day comment period would begin upon publication that week, with it being posted also on the City’s website.
There also was some discussion of the school crossing guard, the state law declaring that duty falls to the local law enforcement, and that nothing in the City Charter points to its responsibility. It was not lost on Council that the schools are facing leaner times due to the negative financial impact of the recent millage not passing, and Cavanaugh also pointed out that the citizens being protected are Harrison’s citizens.
He also expressed hope that residents of the entire county realize the negative financial impact of that millage not passing in November would have not only on the schools, but the local economy as a whole. Emphasizing that he was not trying to sway anyone’s vote, he did clarify his reasoning:
“If our schools start suffering, it’s going to lead to less people wanting to move here,” Cavanaugh said. “Why are we going to want to move to a town, start a business in a town that has a struggling school district and can’t find teachers? If you’re looking at economic development as a whole, it’s a terrible economic development move.”
Officer Aaron McLearen was in attendance as a visitor, and commented there were a lot of complaints about ORVs, referring to a group of kids whose parents found a deal on mini-bikes, bought them, then provided no education on rules, laws or safety.
“We dealt with that for a little while, and I believe the majority of it has been remedied,” he said, adding there was one area that continued to be problematic. “We tried a little bit of education with them, but that didn’t get us too far, so we took a more enforcement route and I believe it’s pretty well done right now.”
When asked about e-bikes, McLearen explained that currently law considers them as bicycles rather than motor vehicles, which means the Sheriff’s Office can’t do anything with them unless the City enacts an ordinance governing their use. He noted there seem to be more and more of the e-bikes, and spoke of the Catch-22 of using the sidewalk so as not to be hit by a car, while at the same time using their top speed where people are trying to walk.
Russell reminded that bikes, by law, are supposed to use the roadway, and that’s what the bike lane is for, thus that should apply to e-bikes as well. Council them approved a motion to have the Harrison Planning Commission look into an e-bike ordinance.
There also was lengthy discussion regarding the City/Sheriff’s Office Law Enforcement Contract. Cavanaugh explained his research into the history of the City’s longstanding law enforcement arrangement, but told Council he had been unable to locate a fully executed agreement governing the current arrangement. He presented the following to Council:
“Historical records show that a law enforcement agreement was developed in 2013. The unsigned copy located by staff contemplated approximately $149,700 annually for the wages, benefits, and payroll taxes of two deputies, along with $11,000 for patrol vehicle replacement, $8,000 for vehicle operating expenses, and $1,000 for administrative expenses. This placed the arrangement at approximately $170,000 annually before any part-time officer costs. The agreement also required amendments to be in writing and signed by the parties.”\
“The City attempted to update the agreement again in 2019. Several drafts and related correspondence have been located, but no executed 2019 agreement has been found. The 2019 drafts contemplated approximately 12 hours per day, seven days per week, of dedicated City law enforcement coverage. The specific hours and deputy assigned may change based upon Sheriff's Office staffing, assignment practices, and operational needs. The City is therefore purchasing a level of dedicated coverage rather than the services of a particular deputy.
“The City has also historically funded patrol vehicles used for City coverage. Records show annual amounts being set aside toward vehicle replacement, and the City has purchased and outfitted patrol vehicles over the years. Staff and the Undersheriff have discussed whether a future agreement should continue the City-owned vehicle arrangement or transition to a mileage-based reimbursement structure.”
Also included was a description of the longstanding ambiguity regarding the City’s obligation/non-obligation to fund a crossing guard. A summary provided noted that: “Based upon the review completed to date, the City's current practices and expenditures do not fully correspond with the written agreements located, and no executed agreement has been produced that clearly establishes the current responsibilities of the parties.”
Specific areas needing clarification/guidance include:
Thus, City Hall staff will follow Council direction to “work with the Sheriff’s Office to develop an updated agreement that accurately reflects the services being provided and the expectations of both parties. Any final agreement will be returned to Council for formal consideration and approval.”
Council will meet next Monday, Sept. 14 for a 5 p.m. visit to the Harrison Fire Department, followed by its regular meeting at Harrison City Hall, 2105 Sullivan Drive. That meeting is a week later due to Labor Day holiday, and will be followed by the regular third Monday meeting on Sept. 21.
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