City Commission - Regular Meeting

We will officially start the legislative committee. The first item on the agenda is the minutes from our last meeting. Hopefully everyone got a chance to look at those. Next item is the appointment to the library board, reappointment of Commissioner Edward Isom. I don't know if you want to come up and have comments about why you want to serve and some of the accomplishments you guys have made this year.

yes okay yes thank you for having me and uh yes i do want to be reappointed to the library board we have made huge strides and uh working on this board for i don't know how many years now but we have uh five is five five years but we have made a lot of changes ten years yeah And we are continuing to make... strikes of building the library to help the community in the city of Benton Harbor. As you know, not too long ago, thanks to this commission and the city manager, we helped rename the library to Mamie L. Yarbrough Benton Harbor Public Library, and that was because of this commission. And one of my goals was, when I got on the library board, to bridge that gap between the library and City Hall, because THE LIBRARY IS AN ENTITY OF THE CITY. AND IT WAS JUST LIKE THERE WAS NO KIND OF COMMUNICATION, NOTHING GOING ON. SO I HELPED BRIDGE THAT GAP, TALKING WITH THE CITY MANAGER, WHICH THE COMMISSION HELPED TOO, TO BRIDGE THAT GAP THAT ANYTHING THAT, YOU KNOW, FUNDS OR GRANTS, ADD THE LIBRARY TO IT TOO. BECAUSE THE LIBRARY NEEDS A LOT OF UPGRADES, A NEW ELEVATOR AND THINGS LIKE THAT TO HELP SERVICE THE COMMUNITY.

Commissioner, I know that you guys also have some fundraising things that's happening to help further improve. I think you guys were awarded. Can you talk a little bit about it?

We were awarded, I think it was $10,000 from the... Carnegie funds that we received, that we've been receiving to help us do anything we want with it. So we're going to put it towards upgrading the library. It's going to take a lot of money to put a new elevator and make it ADA accessible.

What was the total cost for the improvements to the library?

I know in 27 we have to have a new elevator. So it's going to come up to, it's in the millions to what we want to do. We want to put either a new outside elevator, glass elevator, but the upgrade is going to be continuing and we're going to have to to service the community, just keep the upgrades coming, you know, and because the library is real old, you know, so.

There was a project overview of a total amount for a place where the elevator was a part of, but it was a total pack. And the reason why I'm saying that is because you may have people who want to give towards those things. So to make those needs known is important.

Right now we're working on a fundraiser event and how we're going to do it. So that should be coming out soon. But as we had some old... documents what we wanted to do and how much the price was, but construction materials and grass we went up.

Commissioner Isom, are there any other questions?

I just had a comment. To serve for 10 years is commendable and I'm excited that you want to continue to serve. Very appreciated.

There's a story behind that. When I went TO THE CLERK'S OFFICE. THAT'S ALL I WAS GOING TO DO IS SIGN UP FOR THE LIBRARY BOARD. BUT SHE SAID THOSE WORDS, WE GOT OTHER BOARDS AVAILABLE. THEN THE COMMISSION CAME UP. I SAID, WHAT DO I GOT TO DO? SHE SAID, WELL, YOU GOT TO COME TO THE MEETING, WORK TOGETHER AND TALK. I SAID, OKAY, PUT ME DOWN FOR THAT. SO I'VE BEEN A COMMISSIONER FOR TEN YEARS, AND I'VE BEEN ON LIBRARY BOARD FOR TEN YEARS TOO.

Comments to Commissioner? All right. Are there any other comments?

No. All I can say is expect great things.

Thank you, Commissioner Isom. And this appointment, as you know, goes to the full body for our Monday meeting, and so we'll vote on it Monday.

Thank you. Good luck.

Next appointment, board appointment is up. Thank you. Second on the list. actually a reappointment to public works and public safety. He served two years, and he's in it for another two. So, Mr. Gunther, just talk about any, I know you guys have, there's been a lot of work done on that. Just talk about some of the things that you guys have accomplished in your two years and why you would like to serve again. Thank you.

Thank you and good evening. So I would first like to say I wouldn't say these are things that I don't want to speak for the committee, but these are things accomplished by the two departments that we work with. Some of those things that have come through our committee are Ox Creek. For the last few summers, I've been back I think almost five years. We've seen a lot of construction, especially with our roads over those five years. uh some other things um the improvements that just happened out at jane clock park with the uh safety um the buoys like so the swim area um our fire department inspections all of that thing all of those things is ramped up um even from personal experience with the moving of the pillar center um i see now that you know a lot of things that were uh not charge fees or charge fees for are now being you know there's revenue being generated in that way and so I think there's a lot of strides that have been made since I started

I know. I appreciate it. I think you were just like Commissioner Isom. You came, you got involved, began serving, and then just seeing all the other needs. And there aren't and there weren't a lot of people signing up to serve on boards because it is a commitment. It's a time commitment and just the diligence that it takes. So I appreciate your service. I think you've also... been running concessions or something at Jean Clark Park to help to improve that? I think you've been having events or somebody's been having events to improve.

Yeah, we try to improve community cohesion, just giving people something to do, ways to recreate and connect with each other.

There's some positive things from the youth, young people and stuff. And I've driven out there and I've seen activities and things happening out there. So thank you, sir. You can't hear me. So thank you for your service. Thank you. Is there any other comments from the committee?

I just share the same sentiment. Thank you for your service. I appreciate your commitment to the city and your willingness to help.

Thank you.

Thank you, Mr. Gunther, for serving for us. We need you. Thank you very much.

Yes, sir. See you on the green tomorrow.

Thank you. And again, this appointment will go to the full body for Monday, and then the commission votes on every appointment.

Thank you.

Thank you so much. Next appointment, Gwen Swanigan. to public safety as well. This is a first time appointment to this particular committee. Go ahead Ms. Swannigan.

Hello everyone. My name is Gwen Johnson Swannigan. And I wrote something else I didn't want to forget. I just want to thank you for this opportunity to be considered for the Public Safety and Public Works Committee. As a long-time community advocate, church outreach member, and also Benton Harbor native and resident, I have built strong relationships throughout the community. And by listening to people, understanding their concerns, and staying actively engaged. Through my work with the youth and seniors, violence prevention, social justice issues, neighborhood initiatives such as being neighborhood watch leader in other communities, helping to lead, being one of the leaders of our annual Peace Day Walk, EVERY YEAR FOR MANY YEARS SINCE 2019. COLLABORATION WITH DIFFERENT ORGANIZATIONS AND CHURCHES AND VARIOUS PUBLIC SAFETY DEPARTMENTS, INCLUDING THE BENTON HARBOR PUBLIC SAFETY DEPARTMENT. AND ALSO MY COMMUNITY PODCAST, SHOW. WITH ALL OF THAT, I'VE REMAINED CONNECTED TO THE VOICES OF THE RESIDENTS. I KEEP MY EARS AND MY EYES OPEN TO WHAT'S HAPPENING IN OUR COMMUNITY. And then with that, then I can bring some of these issues, most of these issues and concerns and ideas and the lived experiences back to the community so we can all come up with a solution together. I believe real progress happens when trust, communication, and collaboration comes first. I WILL BE A VOICE FOR THE RESIDENTS WHILE ALSO WORKING TO STRENGTHEN THE RELATIONSHIP BETWEEN THE COMMUNITY, LAW ENFORCEMENT AND CITY LEADERSHIP. MY GOAL IS TO HELP BRIDGE THE GAP THROUGH HONEST CONVERSATIONS, MUTUAL RESPECT AND PRACTICAL SOLUTIONS THAT IMPROVE PUBLIC SAFETY, OUR PUBLIC WORKS AND THE QUALITY OF LIFE FOR EVERYONE IN BENTON HARBOR. I'll be honored to serve on the community in this capacity alongside the current members of this committee.

Thank you, Ms. Wanigan. And like you stated, you've been in this community for a while. You're familiar with it. And again, people aren't just lining up to serve on these committees. And so thank you for the time, commitment, and for wanting to be a part of that. Just like many people before you, you saw a need and you got involved. So I really, really appreciate that. Thank you. Committee.

So I have the pleasure of following a lot of your social justice work in a community. So I think this is a perfect fit for you. So I'm excited to have you join the committee.

Thank you.

And thank you for helping us. You got a very, very gentle voice. So I know you can take a lot of heat and still be calm with it. But thank you very much.

Thank you. So again, thank you. And this will go before our full committee on Monday. Okay. All right. Thank you. Appreciate the time. The next appointment is Desiree Durden. I want to say that right. Desiree? That's correct. All right, Desiree. She will be a new appointee to the Downtown Development District Board. Go ahead, Desiree. Introduce yourself and tell us why you want to serve.

Good evening, everybody. It's so funny. I've sat in this room plenty of times since I moved home.

I'm still nervous, okay?

My name is Desiree Durden. I'm the founder and executive director of When Roses Bloom, which is now a Benton Harbor-based nonprofit dedicated to mental wellness, youth development, and community engagement. Professionally, I am a master's level behavioral therapist, so I work with students within the school district. My specialties are ABA, so applied behavior analysis, trauma-informed care, and crisis prevention. One of the reasons I want to serve on the DDA is because I believe that successful development is more than just about buildings. It's about people. So through my community wellness ecosystem, I've learned that when residents feel connected, seen, and heard, they're more likely to invest in their communities and everything that we do build is sustainable, cared for, and supported by them as well. So my goal is to bring a perspective that connects the economic development with community well-being. So investments we make today will benefit our residents for the future, but also they care more about protecting all of our investments as well so that they realize how beneficial the things are. See, my work, for the most part, has always centered around bringing people together, so partnerships with my nonprofit, schools, or just the local government in general. I just believe that the collaborative approach with community and the city would bring value to the DDA board.

Thank you so much again for signing up and serving the DDA. There have been some great people before you that served. And so just looking forward to see what you'll help bring to their board. Thank you so much.

So I recently met you, so I'm excited to see you here today. I think you'll bring some unique ideas. I like your background, so I think it'll be good. So I'm excited to see what you bring to the table, and thank you for serving.

Thank you so much.

Are you from my area?

I am, actually. Sorry, I didn't mention that. I was born and raised in Bend Harbor. Ended up in foster care in high school. Did a bunch of moving around in my adult life. But then I moved home three weeks ago. And two days with him being here, I was at a city commission meeting trying to figure out what was happening.

Yeah, thank you. I want to thank you for coming aboard as well. Thank you. Our babies need us. They need more people like you who care about them. And thank you very much again.

Thank you so much.

I have one other question. You mentioned a master's in social work. Are you working with the school? Are you working?

Not currently. Since I just freshly moved home, I've been doing a lot of nonprofit things and inserting myself wherever is needed. Professionally, I'm not doing anything currently. I am still working on that. I don't know if it's because I don't know where I want to insert myself yet, but I also don't want people to feel like I'm coming in to take over everything. I want it to be beneficial and comfortable for everybody, too. But that is the goal. I have been doing lots of work with the people in the school district, so I do work with the students directly now.

All right. That's something to think about.

Thank you so much. And so it'll go before the full commission on Monday. And so it'll be voted on on Monday. Thank you. Our final appointment for tonight is Ms. Jessica Hightower. This will be her first appointment to the DDA. It's a two-year term. So Ms. Jessica Hightower. THANK YOU.

AS I SAID, MY NAME IS JESSICA HIGHTOWER. I'M LIFELONG RESIDENT OF BEN HARVARD, MICHIGAN. MY REASON WHY I WANT TO SERVE IS BECAUSE MY FAMILY BELIEVES IN SERVING THEIR COMMUNITY, HELPING THE COMMUNITY THAT THEY LIVE IN, NOT JUST LIVING HERE AND MOVING AWAY, BUT SERVING IN THE COMMUNITY AND MAKING SURE THAT OUR COMMUNITY GROWS. just as well as any other. I wanted to serve on the DDA for multiple reasons. One is because I am going to be starting the business downtown, and I do want to be involved in the community and the building around it in the downtown and just the general Bend Harbor area. My background is in graphic design, art, and also education.

Thank you. It's good to see when young people decide to come back to Benton Harbor because I know just like many young people that have come back to Benton Harbor, you could have gone anyplace and you chose to come back home and to settle and to start businesses and things like that. So thank you for serving and just look forward to working with you. Thank you.

I like to hear that you are going to be opening up a business downtown, so you'll have the perspective of a business owner on the Downtown Development Authority. So I think that'll be something great to bring to the table. I'm also excited that you want to help the community. So thank you.

Thank you for opening up your business in Bell Harbor. We need as many businesses as we can get from local residents, and maybe we can support one another. And thank you very much again for serving.

Thank you.

Thank you. And again, this will go before our full body for Monday night's agenda. So thank you. The next agenda is the, oh my goodness, the policies and procedures for city commission. We have discussed this. I think we sent it back to another commission committee. I'm not sure that you guys get any comments or input sent to you because I know the request was to send it to all the commissioners to see exactly what Changes they needed to to make this has been on the agenda three times. I think and so it does need to we need to Send this to the full body so that it can be voted on so I'll ask is there any changes that You did not submit that you would like to see happen with this. This is the policy that was there The red is the new language that's in that and so we're just adjusting those to meet and what was suggested in April, and so if you have any comments or questions on what was suggested or not, we will be sending this to the full body. Are there any comments from the committee? Any comments from the audience about this particular item?

I'd just like a full understanding of the ruling of majority or two-thirds. We've always worked under the majority, and I was looking for what Robert's Rule of Order says, which we do work with Robert's Rule of Order, but we also work with the parliamentary procedures, too. So I need to see that for myself as to why that language was changed and if it was appropriate to be changed by our ordinance.

I do want to speak to that. So it is in Robert's Rules of Order, which is parliamentary procedure, that it is listed, just as it is, that a two-thirds majority vote of the commission elected is needed in order to suspend the rolls. That is exactly what is stated in Robert's Rules of Order.

I think what the confusion or the vagueness has been because I think that has not necessarily, it has been the case, but maybe the two-thirds is what the fogginess could be about that.

Yeah, and we're not changing it just to change it. We're changing it because it is in Robert's Rules of Orders. And that's something that I discovered when I was going through the policy and procedures was that it said majority vote. And I was like, hold on. It's not majority vote. It's two-thirds. It's two-thirds.

So there's nine people, so you need seven people? Six. Six. Are there any questions or comments? Provide that page from Robert's Rules of Order to just send it to the entire Commission. THANK YOU. ELECTRONIC VERSION, JUST HIGHLIGHTED, UNDERLINED IT.

YEAH, I CAN SEND WHAT ROBERT'S RULES OF ORDER STATES, AND TO GO TO THAT, OUR ORDINANCE DOES STATE THAT WE FOLLOW ROBERT'S RULES OF ORDERS, SO I WILL FIND WHERE IT IS IN THAT AND SEND IT ON.

AND THAT WAS THE THING, I THINK IT WAS, I WANT TO SAY, 2018, 2019, we were talking about doing a charter revision because we'd have to do a charter revision committee to actually do that, and that wasn't highly supported to look and to change a lot of things. And so I think we still need to do that, the charter revision, and hopefully the next time we'll get support because there was a lot of pushback when that was brought. You remember, don't you, Commissioner Henry? You remember? Yes. I know there was a lot of pushback when we were trying to do charter revision.

You asked me and now you know.

I'm asking. I know exactly what you did. Yes. Yes. Is there any questions or comments about this item? Also, I'm going to move that it goes to the full body.

So we know you're going to move it anyway, so it's okay.

It's actually not true. This has been on three times, and it didn't go to the full body. It's been to the full body in the whole. Nope. Nope. The last time it went. No, it did not. No, it did not. Let's speak correctly. No, it does not.

Yeah, point of order. It did not. It was on. Remember, we were all like, why are we voting for this? We don't agree.

It went through legislative, and then it went to city commission, but then it came back. And then it came back to legislative again.

Yes. Right. And I haven't received, so we're clear that it has been to the full commission because at first we were saying it was not. So it had been to the full commission and we were supposed to have some dialogue in between via email. Oh no, because you were just referencing that it has been circulated for feedback to occur. It has.

Yeah. It went out asking for feedback and we got feedback from one commissioner.

Right. My feedback was given during the meeting. So I DIDN'T THINK TO REITERATE IT. SO I HAD GAVE MINE DURING THE MEETING. I DIDN'T KNOW IF THERE WAS A LOT OF PEOPLE THAT MAYBE HADN'T SPOKE UP, THEY WANTED TO DO IT VIA EMAIL, BUT I GAVE MY FEEDBACK. I JUST WANTED TO STATE THAT I HAD GAVE MINE ON THE RECORD, AND I JUST KNEW IT HAD BEEN TO THE FULL COMMISSION AND WAS ASKED TO BE TAKEN OFF FOR LACK OF AGREEMENT WAS ALL. SO...

Yeah. Any other comments about this particular item?

The same. The same. And I think that it would be very beneficial to revisit. I know that you guys are tugging away at updates. I don't know how many has came through, but updates in regards to policy, charter, how many things have been brought before so far?

I think this is the first one, and so that's what the problem has been. Like we want, people say that they want to, like you were at the meeting, you did give input, but if we keep circling around, it's taking forever. Like, it should be able to be presented in this meeting, comments, questions made, sent to the public safety committee because we wanted two sets of eyes, then come back the following month and it should be voted on. So that should be the process. But if people are not reading it and not making comments, then that is what, because this is like the third or fourth time. So thank you for your input, but this is what kind of like what has been the case.

And I feel like at the end of the day, it's just a lack of agreement in regards to it being two-thirds and that hadn't been researched until after we suspended the rules a couple times. So I guess it didn't need to be looked into until it was utilized or approved. used incorrectly, and so the research occurred following that. Or something happened prior to me, but I'm not sure. So prior to January, I wouldn't have known about, but it wasn't enforced and wasn't a situation until after the rules had been suspended. So my feedback was And I believe that you correct that in regards to Thursday at noon versus Friday. So that was my feedback. And I'm not a fan of the two-thirds. And so that's ultimately the gist of it. I feel like regardless of the facts, people are not going to agree. Some commissioners are just not going to agree. So whether we give feedback or not, and with it being in Robert Rule's order that it's supposed to be two-thirds, so the feedback will still remain the same that we don't particularly like that or agree with that. And I just wanted to come up to get my feedback and to say that I had been through the full commission was all for clarity. Were you going to say something to me?

I just want to clarify that bringing up the two-thirds had nothing to do with suspending the rules because every time except for this previous time when I was missing has been a two-thirds. So it has, all of the suspension of the rules has passed being a two-thirds. It was just noted that it was in here, that it wasn't specified that it was two-thirds.

So, well, I don't know if you'll be able to pull it up at this moment, but I don't believe so, because I know, I can recall when I did, I'm looking around to see who had said, you know, yes and no. I don't believe that every time it was... TWO THIRDS. BECAUSE IT WAS BARELY, IT BARELY HAPPENED.

YEAH, AND IT REALLY DEPENDS ON HOW MANY ARE PRESENT, TOO.

WAS SOMEBODY ABSENT? OKAY, OKAY. I BELIEVE EVERYBODY WAS HERE, BUT OKAY. JUST COINCIDENTALLY, IT JUST HAPPENED AFTER JANUARY.

AND I KNOW, AND I'VE HEARD IT, BUT I JUST WANT TO CLARIFY THAT THAT'S NOT WHY IT WAS BROUGHT UP. IT WAS BROUGHT UP BECAUSE WE WERE CHANGING THE PORTION ABOUT THURSDAY, SO WE WERE REDOING THE WHOLE SECTION, AND THAT'S WHEN IT WAS NOTICED THAT IT SAID MAJORITY.

And so what is the process for it? Like, say, for example, for this to come through, I know, Commissioner, you have referenced that Commissioner Henry had asked for this, but we're tugging away at it. Do we get one a month? ONE EVERY TWO MONTHS?

WELL, THIS PARTICULAR SECTION CAME UP BECAUSE OF THE VOTE THAT WE HAD OF CHANGING THE DISTRIBUTION OF THE PACKETS, KNOWING THAT IT WAS IN THIS POLICY. SO BECAUSE WE DID THAT RESOLUTION AND THAT VOTE, WE NEEDED TO MAKE SURE THAT WE CLEANED UP THE POLICY TO REFLECT THAT.

Okay.

Okay.

And Ms. Fields, there's a lot. Like if you go through, did they give you the big ordinance book? It's huge. And if you look through them, all of them are outdated. That's why I'm suggesting we need to do a charter revision because there is so much that needs to be changed and updated. The language, the here... here, too, and the stuff that's outdated that needs to be cleaned up. And so, you know, as we find those, and I know even working with public safety about the different ordinances and stuff that need to be updated, it is a hard process. And, you know, we'll get it done, but, you know, it's a lot. So is the we, the three of you guys... If you're going through them as well, like you're pulling out and what has been happening, we've been operating under a when stuff happens versus a this is the. So that's what we've been working on. Like we did a lot of landlord tenant things. We've had, you know, issues and those kinds of things. So a lot of the safety issues. ORDINANCES ARE SOME OF THE FIRST, SOME OF THE THINGS THAT HAVE FINES ATTACHED TO THEM WITH THE DUMPING. SO THOSE HAVE BEEN CLEANED UP AND REFINED SO THAT WE CAN PRESENT THOSE BECAUSE WE'VE BEEN HAVING ALL OF THESE ISSUES. AND SO THAT'S WHAT IT IS. BUT AS YOU'RE GOING THROUGH THEM, THERE ARE SO MANY. THERE ARE SO MANY THINGS.

SO WE HAVE BEEN KIND OF REACTIVE VERSUS PROACTIVE. SO WE WANT TO GET TO THE POINT WHERE WE'RE PROACTIVE.

And it's not anybody's fault. It's just things haven't been done. Like we were elected just like you guys were elected. And so we've been looking at this for a long time.

Right, and so that's the reasoning for my questions, because what is the process for that to occur? Because I know from the onset, you know, it had been referenced. I know that was one of the conflicts for us having a clean audit, but fuzziness, right, in regards to some of the criteria, in regards to usage of items, it wasn't. Yes. UPDATED TO REFLECT, RIGHT, ESPECIALLY IN THE CASE OF NOT HAVING A FINANCIAL DIRECTOR. SO, AGAIN, I WAS JUST WONDERING THE GAME PLAN, MORE OR LESS, IS IT SOMETHING THAT IT'S A LIST OF ITEMS? LIKE, SAY, FOR EXAMPLE, IF I GIVE YOU SOMETHING OR, LIKE, The coalition has asked for things. Is there a waiting list? Who's up next?

So like we explained to the coalition, we're working through the city manager's office. And as they've presented that, they've taken a lot of pictures, videos, and so that they've sent with public works and so public safety. So they're working through all of those things. And so hopefully next month that particular item, because it's still one of those safety items, it's still early information. harbor shores need to clean up their signs because they're conflicting with what we've said and those kinds of things. So that's been a reactive process.

Right. And I wasn't actually trying to go there. I just meant, like, how does it work? Does it become on the list at the top if someone comes to the meeting? Is it something that... say, for example, we're doing in-house or, you know, things along the lines for us to run smoothly, or is it external?

I think it's both. I think it's both. It's not one or because it's been multiple things that we've been working. So they're doing that, so we've been working in conjunction with this. So it was brought up by Commissioner Henry, I think in April, to add the council rules. So we're just going through each council rule. So each month it'll be on the agenda, one of those items to look at. And the reason why all of them aren't there is because I don't know how long a discussion is going to be. And I want to respect these ladies' time. And so that's why all of them aren't on there. We can put them all on there and we can be here until 10 o'clock. I don't think that's, you know, but that's why. So I've told her each month to add one, you know, one of those policies to it so we can just go through it so you guys can see, make comments, that kind of thing. Okay. Thank you. You're welcome. I think it was Ms. Darden said, talked about working to improve our community in the long run. I remember, and I think Commissioner Henry is probably the only other person that was here, that probably remembers when Harbor Shores started and when Jean Clark Park was sold. So the decisions that we make will affect our future. I was young when all of that stuff happened. So now we can't even expand parking. We can't do anything because somebody sold part of Jean Clark Park. to build homes on so we wanted a restaurant somebody came to us wanted to put a restaurant on the beach had elaborate plans but the size of the beach it won't really allow for that it would be a great amenity to have on the beach but what we do today will affect our future and so what they did is affecting us now because now you have a group of people coming saying it's too loud on the beach and not to get into that conversation but had they not did that like they weren't supposed to sell any of that land. I think it was a half a million dollars that that land was sold for, less than that. Was it, Commissioner? It was sold for less than that to a gentleman who turned it into housing. I ain't blaming him. He saw an opportunity. But what we do as a commission does affect our community as a whole for a lifetime. And so when we're making decisions, especially when I'm making decisions, I'm looking at that because I know how I have been affected by some of those decisions, and we've been affected. So it may take a little longer to do some of those things, but we're going to protect this community. I'll never let that happen again. Any comments or questions? I will never let that happen again. Yes. Yes, public comments. Yes, public comments. Yes, ma'am. Yes, this is public comments.

Good evening, Commissioner Henderson, Commissioner Warren. I appreciate you bringing up the gene clock conversation at the end of this meeting. My name is Jacqueline Elliott, founding member of the Gene Clock Neighborhood Coalition. I appreciate your comments about Harbor Shores. I've met with them as well about the conflicting signage. And so I did have something prepared to say this evening. I know it's a holiday week, so here we are. But thank you all for being here. We've talked via email and you've committed to getting Chapter 28 on the agenda, which we appreciate. We're more grateful for that commitment and we appreciate the opportunity to begin the important work of reviewing this ordinance. I appreciate what you just said, Commissioner Warren, about the city has been reactive versus proactive. And we would like to partner with the city to help you be more proactive in this sense, because We are the eyes and ears of Jean Clark Park. We do want to protect that asset for the city. At the June 15th City Commission meeting, Mayor Muhammad said that Jean Clark Park belongs to the people, not a coalition, not a group, and that's the people's property. And on that point, we agree completely. Jean Clark Park does belong to the people of Benton Harbor. That is exactly why our coalition has formed. When a public park belongs to the people, the people deserve ordinances and signage that are current, clear, and enforceable. They deserve rules that are applied consistently and fairly, and they deserve a city willing to use the tools that it already has to protect one of its greatest public assets. The mayor also said that there's no legal framework to close the beach and that if you want to put a gate up, put it around your own house. With respect, no one is asking the city to build a gate. The gate already exists. The city installed it and the city used it for years. THE PARK ALREADY HAS POSTED CLOSING HOURS. SECTION 28 THROUGH 29 ESTABLISHES A 10 O'CLOCK PM CLOSING TIME FOR GENE CLOCK PARK. AND THE 1917 CLOCK DEED EXPRESSLY AUTHORIZES THE CITY TO ADOPT RULES AND REGULATIONS GOVERNING THE PARK USE. SO THE AUTHORITY ALREADY EXISTS. And this conversation did not begin with the May 18th incident. Before that incident, residents have been documenting reckless driving and drag racing and the open display of a firearm confirmed by law enforcement and repeated after hours activity in the park. They submitted photos, they submitted videos, they've sent emails, they've called 911. There have been 79 cleared 911 calls associated with Jean Clark Park over the past 14 months. Those are not isolated incidents. Those were warnings. Yet the ordinance governing this park has not been meaningfully updated since the 1970s. And it sounds like that's a issue along a lot of the ordinances. It references roads that no longer exist. It does not address marijuana despite statewide legalization. It requires golf cart permits that the city has acknowledged that doesn't have. And it no longer reflects how Jean Clark Park is actually managed or enforced. This isn't about politics. This isn't about neighborhoods. It's not about excluding anyone from the park. We just want to protect it. So we would like Chapter 28 to reflect it. And I appreciate your time. So thank you. Well, I'm just respecting the beep, so I have a little bit more, but it's fine. It's not about whether the laws governing one of Benton Harbor's greatest public assets are accurate, enforceable, and worthy of the people they are meant to serve. That is what it's about. We respectfully ask this committee to place it on the agenda and with the city attorney and the city manager so they can be addressed because Jean Clark Park does belong to the people of Benton Harbor. So thank you.

It will be. It's one of those things, and like we talked about, like when things happen, because it was Brian Connie Bear's nephew who was actually drag racing on the beach that day.

On the beach or in the parking lot?

In the parking lot.

On the four-wheelers?

Yeah. Not on the four-wheelers, but it was his nephew, his brother's son.

Do you know what vehicle it was?

It was towed. Okay. Yeah. It was a different time, but I wanted to find out what was that. And so it was definitely his nephew that was drag racing on our beach. And so a lot of the youth that come into the community, because that's what it is.

No, it is a lot of high schoolers. We've seen it. Exactly. It is. And it's not all residents. It's out of town people. We recognize that. And so it's more just enforcing the rules that you already have to protect it for the, you know, especially for the residents.

But Jacqueline and I respectfully, but I don't agree with there is a gate there in the front to prevent people from going in. But I think that because I've driven through Silver Beach, I've driven through and you can drive through at night. I'll see people walking on the sidewalk at night.

You can wonk, but Silver Beach and Rocky Gap Beach are both closed at 10 p.m. They're county parks, and they are gated and locked at the 10 p.m. closing time.

You can park in some of the other spaces, and you can walk along there. Well, sure. And I think that that is one of those things you need to discuss, I think, is... He really passed 10 o'clock or 11 o'clock. It's dark out there. But if it's like a hot night, and it's been really hot, if people want to just walk, I think that should be something that's open.

I agree with you, and I believe the gate doesn't close off the sidewalk. It just closes off road traffic, which most of the concerns for residents are reckless driving and any car-related incidents happening after hours.

And I've been out there before 10 p.m., and what I saw was people with loud music, and I saw people standing outside their cars, but I didn't see any necessarily bad behavior. It was probably a nuisance and annoying, but it necessarily was bad behavior. Before 10 o'clock, is that what you're saying? 9, 30. Sure. Yeah. I don't know. I think it's just a conversation that we need to continue. I'm sorry. I think it's a conversation that we need to continue to have because it is a resource, especially at times like this. You may not want to go home in the summertime, and you may want to be out there, but if you can't get in, you can't park. And I think even doing a community meeting about it because... Like a town hall? A park to see if we can come to something. Because I think now it feels like, and this is what I've heard, it feels like they don't want us out here. So it becomes a they versus us. And that's not what our community needs or wants.

And we're not about that at all. Exactly.

And I understand that. But that's what it feels like to some people. And I think we need to do a town hall. And I really want to work on organizing one of those so that we can talk and bring all sides and all issues together. Because I felt like that was, to me, when I'm out to the beach, I just want to hear the birds and the water. I want to hear somebody's beats. But that's me. That's not everybody else. And so I think if we have a real conversation, that's how we solve this. We have a real conversation with the residents and with people. We can even do it out there. We can set up a tent. At the pavilion. Yeah. Yes, let's do that.

No, I agree, but it sounds like maybe you're saying you don't agree with the 10 o'clock closing. I don't. So you're proposing extending that or having the beach open all night?

No, I'm not proposing anything right now. I'm just saying I don't necessarily agree with it. how we can meet all the needs because if it's 10 or 11 o'clock and I want to walk with my sweetheart on the beach but I can't come in and park because I don't live there because you can have access after hours if you want to go walk or drive or something like that but you're saying the residents can't.

And so I'm saying that if the city, the city has three patrol cars at any given shift, so they can't actively patrol it all night like similar beaches do. If they can't do that, then why not protect the asset by closing it at night? That's to me seems like the easiest solution to stopping anything happening at night that they can't patrol as a city.

Gotcha. But I don't think there's really, like, any bad, like, people aren't fighting, like, the incident that happened. And I think because there's been so much discussion about it, it is. If anybody else want to weigh in, because this is good dialogue to talk about this. we need to have a town hall, including all voices and say that like, you know, some of the things that we've experienced, we would love for people to enjoy this beach, but we need to be able to work together to solve these issues. So I hear you. Yeah. Cause they are issues.

Yeah. You know what I mean? And I appreciate being open to the conversation. You can stay there, but I think we want to come up. Oh, okay.

Come on up going so we can hear your voice, please.

Public safety. Let's go.

It's not public safety, but we're having a discussion.

Well, no, but you're going to be on the...

It's 15 more minutes because I want... I just have a question about the gate closing at 10 o'clock. And I was kind of piggybacking off what she was saying. Are you saying that the gate will be closed to everybody outside of who lives out there? Or if you live there, is it closed to you?

I think it should be, to be honest.

Okay. So you think it's...

THE PARK CLOSES AT 10. THE GATE HOUSE ALREADY HAS A SIGN THE PARK CLOSES AT 10. GO AHEAD AND ENFORCE THAT. I AM TOTALLY IN SUPPORT OF THAT.

AND THAT'S FOR THE RESIDENTS, YOU ALL TOO? ABSOLUTELY. OKAY. THAT WAS MY QUESTION BECAUSE I THOUGHT IT WAS JUST OPEN TO YOU ALL AND CLOSE TO THEM.

neighborhood down the beach but that's Benton Township where they own part of the beach but I'm not someone that does that and most you know I don't go to the park after hours and I'm not saying that anyone should be going to the park after hours okay I'm saying if the city can't patrol it then close the beach yeah

You were simply saying if it could be patrolled, then you wouldn't have an issue. If somebody could like make the rounds, they were actively patrolling and they can't.

We are tracking that now because I think it's important because public safety has committed to patrolling more. But I want to make sure they're actually doing that.

I think that's important. Yeah, but I know if I think they had a fire today. My husband is a police officer. And so he had to change out of his police uniform and become a fireman. Right. And so because they have public safety and firemen. And so if there is a situation that happens, they may not be able to get out there. And I don't know, you know, that to make that commitment as risky because if somebody is not in that day or they're short, then they couldn't do it. And I think it's only for a short time. period of time. And so there may be some other options that we may be able to consider.

I think in the interim, it makes sense to close the gate until when I met with Deputy Clark, he said, we don't have anyone in the pipeline for another six to 12 months. So if the city can't actively patrol it, then why not protect it in the meantime, is what I'm advocating for. So thank you. I appreciate it.

Thank you. I think we do need to shoot for a town hall on the beach. Let's set up a tent and do a town hall. Let's schedule one really soon.

Okay. Thank you.

Are there any other questions or comments about this issue? And we are working to get 28 on there. I think they're looking at it to make, yeah. Okay. Mr. Duncan, the last comment. Thank you, sir.

Well, Jane Clark Park should be taken care of. There should be officers out there pretty much all the damn time. From somewhere, I would say that, too. They're all in the hoops anyway, so why can't they work together in some kind of way, shape, form, or fashion? Sounds good. I want to get to the porta potties, the outside privies that we have downtown. Today we had, and it's not the first time that we've had a farmer's market down there. And the porta potties or outside privies are ridiculous. The smell, you can't... We had people... I've had surgery, brain surgery. To go up in a place like that is not... I want to say shut all the parks down if all you can have is a damn porta-potty. That's the way I feel personally. and i don't care who feels the same or anything and i'm glad you can't shut me down from saying it too because that's one of the problems in here is when you when a citizen has something to say you'll find a maneuver some kind of a way to make sure the voice is not heard j-5 park is our beach and it don't deserve a damn porta potty talk about partnerships and all of that and coming together to talk that ain't that's not going to do it you can talk to your blue in the face and we'll still have porta potties won't we won't we commissioner Won't we, Commissioner Eisen? Talk to the chair. No, I'm talking to you because this is a public meeting and I can talk to whoever I want to talk to any. So don't tell me who to talk to or who not to talk to. I ask you to do something or talk to your constituents. That's what you called them. now there's time to do something and this citizen is not going to let you guys just keep getting paid keep chit-chatting amongst each other keep putting citizens down and out of meetings and nasty ass attitudes and stuff skews that word come on i'm talking to all of y'all and I was going to ask you a question.

Okay.

Okay. at what I'm saying or trying to answer to it. Because you ain't doing nothing about nothing I'm asking. I've been coming down here for 20 years and the things I've asked for, none of them have been done. So look to see me in all of y'all little meetings which you're adding on. I asked a long time ago if I could be able to come to all of your meetings if I wanted to. But you got to wiggle some way where that couldn't even happen. So I want to see results. I don't want to see nobody talking, running their mouth, trying to act like they're this or that or the other. Let's do something that I like. I'm part of your coalition, too. And yours, and yours, and yours, too. And you got a meeting. I want to be able to attend it. I don't care what you think about it. Because I have feelings, too. And I could feel the same way about everybody else. Because I don't see a lot of progress, the right kind of progress, especially when it comes to dealing with it. concerns of the citizens only. That's all I'm concerned about. Y'all got a lot of stuff to be concerned about, but that's all I'm concerned about. And Jean Clark Park was a park that was given to us so we could do the things we wanted to do with our kids and grandkids and great-grandkids. I don't want my great-grandkids coming down there and they got five different cars playing five different kind of musics, loud as it can be. Man, y'all gotta do something. I'm not gonna stop coming. God give me strength. I'm coming here every meeting like I've been coming for the last.

Thank you, Mr. Duncan. We appreciate that. Is there a cleaning schedule for those porta-potties that's in the park? Is there like a weekly or twice a week?

So that's actually what we were just talking about. We are going to check on that schedule tomorrow because the porta-potties out here at City Center Park should have been emptied before today. Right.

Right, and I'm not going to do what I know a lot of people do and jump up for every topic. But I have brought up the porta-potties because they're not cheap, first of all. And also, even when clean, they're not clean. And I had to hold it at the farmer's market at the start. SEVERAL WEEKS AGO, AND SO I BROUGHT THIS UP FROM THE BEGINNING, EVEN IN OUR MEETINGS, AS TO THE GAME PLAN AND ASSOCIATION WITH THAT. I DO KNOW, THOUGH, THAT VICCHON DEALT WITH MICHIGAN WORKS, YOUTH WORKS, AND THE CITY MANAGER HAD ACTUALLY EVEN ATTENDED ONE OF THE ORIENTATION SESSIONS, BUT I'M NOT CLEAR AS TO BECAUSE I SUGGESTED THAT RELATIONSHIP OR THAT SITUATION HAPPENS BECAUSE WE KNOW YOUTH WORKS ARE PAID THROUGH MICHIGAN WORKS. 16 to 24. And so a suggestion, though, for me was, you know, one of them, the older ones, possibly even to sit at the parks and provide some kind of supervision. I've actually been speaking with community members in regards to trying to get some of the older residents that, say, are retired or, you know, kind of maybe can provide some shifts in that area. IN THAT FORUM TO ASSIST THE YOUTH THAT ARE OUT THERE, THE YOUNGER DOGS, BECAUSE WE DON'T WANT THEM TO BE ATTACKED IN SOME OF THE EXPERIENCES THAT THE PARK RANGERS OR TENDENTS HAVE HAD WHERE, YOU KNOW, PEOPLE CAN JUST TALK TO THEM ANY KIND OF WAY BECAUSE THEY'RE NOT THE POLICE. BUT I, AGAIN, STILL CONCUR WITH MR. DUNCAN IN REGARDS TO WHAT IS OUR GAME PLAN FOR THAT. CAN WE USE SOME OF THE FUNDS THAT ARE PART OF OUR LOAN FOR THAT? OR, YOU KNOW, SOMETHING TO THAT EFFECT, BECAUSE IT NEEDS TO BE A SOLUTION. WE HAVE, I KNOW TAMIKA WHITE HAS ONE OF HER BREASTFEEDING EVENTS THAT WILL BE COMING UP SOON, LIKE, THAT'S JUST SO UNSANITARY, AND AGAIN, I DON'T EVEN WANT TO BE IN THERE, SO I'M THINKING OF KIDS, YOU KNOW, AND IF SOMETHING WAS TO HAPPEN TO ONE OF THEM, AND ORDINARILY, you have light supervision for kids when they go to the bathroom, but you need full supervision because it's anything to touch. I mean, whatever is in there is sitting right there. It doesn't particularly go away, and it was full first thing in the morning a couple weeks ago at the farmer's market. So that is, and we have, I know we had incidents where they broke, you know, items, but I'm not sure if overall it would be more expensive to have porta-potties THAN IT WOULD BE TO REPAIR THE MIRRORS OR I DON'T REMEMBER WHAT IT'S ALL DAMAGE, BUT WE HAVE TO CONSIDER THAT TRUTH AS WELL. I'M NOT, YOU KNOW, MINIMIZING THAT DAMAGE HAS OCCURRED, BUT, YOU KNOW, SOME OF THE THINGS I HAD SUGGESTED WAS ROTATING THE CAMERAS AND THEN ACTUALLY PROSECUTING PEOPLE. SOMEONE'S GOING TO HAVE TO BE AN EXAMPLE, AND I THINK IT NEEDS TO BE SOONER THAN LATER BECAUSE OUR SUMMER ISN'T EVEN A LONG TIME. Just wanted to add that in there.

I wanted to speak to Mr. Duncan's comments about specifically Jean Clark Park. So at our last economic development and parks and rec meeting, we had a resolution on the table for Harbor Shores to advance up to $40,000. And in that resolution, it specifically mentions toilets and lift station. So with that advance, the Jean Clark Park specifically, those toilets are going to be addressed.

And the boardwalk is being worked on.

And the boardwalk is being worked on.

Go ahead, Commissioner.

This will be the last comment. When we need information, it would greatly come through this committee to share that information with us. WE NEED THAT KIND OF INFORMATION. IF IT'S SOMETHING POSITIVE GOING ON, WE NEED THAT. IF IT'S SOMETHING NEGATIVE, WE NEED TO KNOW ABOUT IT, TOO, SO WE CAN CHANGE IT. SO, YOU KNOW, IF ANYBODY KNOWS ME, JEAN CLIFF PARK IS ONE OF MY BABIES. AND I FOUGHT REALLY HARD TO KEEP IT LIKE THAT. BUT THE POWERS THAT BE TOOK OVER. I'm like you now, listening to you, what you said, that we need to take control of our park as to what, as the comforts that we lost in the new Jean Clark Park. We lost a lot of comforts. And it's a cultural comfort that we had. So some of that we need to put back. AND SOME OF THAT. AND THEN WE NEED TO ALSO GENERATE SOME MORE MONEY FOR JEAN CLARK PARK. THOSE SWINGS AND THINGS HAVE BEEN OUT THERE SINCE I WAS A LITTLE GIRL. AND THEY NEVER GOT REPLACED. THEY MIGHT HAVE GOT THIS. THEY MIGHT HAVE DID A FEW TWEAKS ON IT. SO IF WE DON'T PUT MONEY INTO OUR ASSETS THAT ACTUALLY MAKE MONEY, So I can't wait till we have this discussion because there's a lot of things that Graham Boulevard and all the other neighborhood communities are doing to Jean Clark Park and the residents and nobody's saying anything. So I'm looking for that opportunity to talk about it.

Thank you, and I think we'll get together and we'll set up a date as soon as we get down here. Are there any other comments before we dismiss? Thank you all for coming. I appreciate your voice, and we'll see you at the next committee meeting.