Minutes 12/1/2009 7:00:00 PM

INVOCATION

Mayor Baldwin called for a moment of silence.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Comm. Gray.

PROCLAMATIONS/AWARDS

1. Proclaiming December 2009 as ''National Drunk and Drugged Driving Awareness Month''.
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Mayor Baldwin presented this proclamation to Andy Talma from the Battle Creek Area Transportation Study.

Mayor Baldwin and Comm. Gray jointly presented a Proclamation recognizing December 31, 2009 as Talent at Strike Day to a group representing Talent at Strike.

2. Beautiful Battle Creek Award
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Mayor Baldwin, Vice Mayor Simmons, Comm. Fulton presented an award to Chris and Holly Conley at 1840 W. Michigan Avenue. An award was also presented to Andrew Kavalhuna.

CHAIR NOTES ADDED OR DELETED RESOLUTIONS
Resolution 34 was removed from the agenda at the request of the City Manager.

PUBLIC COMMENT REGARDING CONSENT AGENDA
Mary Lou Ramone of South 23rd Street expressed concerns regarding volunteer appointments on boards and commissions. She asked about the criteria for recommending appointments and why there is not public notice prior to appointments.

COMMISSION COMMENT REGARDING MEETING BUSINESS
Comm. Yankama asked the City Manager to discuss the board appointment process and what criteria are used. City Manager Ken Tsuchiyama said it does depend on the type of appointment and board and that the appointments on the agenda were Commission appointments. He stated that the criteria is determined by the process for creating the board and commission. The Rental Property Hearing Board, created by Ordinance 1463 includes two city electors and the process has been to rely on staff recommendations. This is the first appointment to that board due to the resignation of a member. The ordinance does not define criteria for the city electors to this board, however staff felt it was important that the representative have experience owning or managing rental property. Comm. Fulton asked if it would have been better to offer the opportunity to all landlords in the community. City Manager Ken Tsuchiyama said there are occasions when staff could go through the process of identifying and contacting all residents that meet such broad criteria as landlord property owner. In this case, staff felt it was important to fill the vacancy in a timely manner in part because the board is only three members. He said vacancies on larger boards can provide more time for a more extensive outreach process. Comm. Fulton asked how much notice of resignation was given. Assistant City Manager Jim Ritsema said the notice was officially received this month.

CONSENT AGENDA

1. November 17, 2009 Battle Creek City Commission Meeting
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2. City Manager's December 1, 2009, Agenda Report
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11. A resolution appointing and/or renewing members to the Post Franklin Neighborhood Planning Council. (NPC 1)
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12. A resolution re-appointing current members to the North Central Neighborhood Planning Council (NPC 2)
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13. A resolution appointing a new member and re-appointing members to the Coburn Roosevelt Territorial Wilson Neighborhood Planning Council (NPC 3)
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A resolution appointing a new member and re-appointing members to the Coburn Roosevelt Territorial Wilson Neighborhood Planning Council (NPC 3)

14. A Resolution re-appointing members to the Fremont Mckinley Verona Neighborhood Planning Council (NPC 4)
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15. A Resolution re-appointing members to the Urbandale Neighborhood Planning Council (NPC 5)
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17. A Resolution appointing a City Commissioner to the Neighborhoods, Inc., Board of Directors.
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18. A Resolution appointing a City Commissioner to the Battle Creek Unlimited Board of Directors.
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19. A Resolution appointing members to the Planning Commission.
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20. A Resolution appointing City Commissioners to the City Attorney Evaluation/Salary Review Committee.
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21. A Resolution appointing Mayor Susan Baldwin to the Battle Creek Area Transportation Study (BCATS) Policy Committee.
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22. A Resolution appointing a City Commissioner to the City Commission Meeting Rules Committee.
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23. A Resolution appointing City Commissioners to the City Manager Performance Evaluation Committee.
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24. A Resolution appointing City Commissioners to the Travel Expense Committee.
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25. A Resolution appointing a City Commissioner to the Battle Creek Downtown Development Authority (BCDDA) as an ex-officio member.
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26. A Resolution appointing a City Commissioner to the Environmental Policy Study Committee.
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27. A Resolution appointing a City Commissioner to the Goguac Lake Board.
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28. A Resolution appointing a City Commissioner to the Public Transportation Committee.
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29. A Resolution appoints City Commissioners to the Tax Abatement Committee.
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31. A Resolution setting a Public Hearing for 7:00 PM, December 15, 2009, on behalf of Covance Inc., on the application for an Obsolete Property Rehabilitation Act Tax Exemption, in Obsolete Property Rehabilitation District No. 4.
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A Resolution setting a Public Hearing for 7:00 PM, December 15, 2009, on behalf of Covance Inc., on the application for an Obsolete Property Rehabilitation Act Tax Exemption, in Obsolete Property Rehabilitation District No. 4.

32. A Resolution setting a Public Hearing for 7:00 PM, December 15, 2009, on a proposed Industrial Facilities Tax Exemption Certificate at the request of Covance Inc., for tangible personal property located at 55 East Hamblin Avenue in Industrial Development District No. 38.
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A Resolution setting a Public Hearing for 7:00 PM, December 15, 2009, on a proposed Industrial Facilities Tax Exemption Certificate at the request of Covance Inc., for tangible personal property located at 55 East Hamblin Avenue in Industrial Development District No. 38.

33. A Resolution setting a Public Hearing on Tuesday, December 15, 2009, for the purpose of reviewing and receiving public comment on a Battle Creek, Michigan, Brownfield Redevelopment Authority Brownfield Plan, Site No. 9, Lot 35 Project, West Dickman Road.
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A Resolution setting a Public Hearing on Tuesday, December 15, 2009, for the purpose of reviewing and receiving public comment on a Battle Creek, Michigan, Brownfield Redevelopment Authority Brownfield Plan, Site No. 9, Lot 35 Project, West Dickman Road.

PETITIONS COMMUNICATIONS REPORTS
There were none.

RESOLUTIONS

16. A Resolution appointing a City Elector member to the Rental Property Hearing Board.
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Motion to approve

Moved By: Ryan Hersha City Commissioner
Supported By: Bill Morris City Commissioner

Votes For = 2
Ryan Hersha City Commissioner
Bill Morris City Commissioner

Votes Against = 7
Susan Baldwin Mayor
Elizabeth Fulton City Commissioner
Chris Simmons Vice Mayor
Lynn Gray City Commissioner
Laurie Sullivan City Commissioner
Diane Thompson City Commissioner
Andrew Yankama City Commissioner

MOTION DEFEATED

Mary Lou Ramone stated that her concern is not with the person being appointed, but with the process for appointments. Vice Mayor Simmons stated that typically appointments are rubber stamped by the Commission and that every once in awhile there are issues that are of a sensitive nature and require due diligence. He said he is not suggesting that Mr. Owens is not the right person, but Simmons was concerned that staff did not do enough to reach out to the public. He stated he is going to vote no, although this should not be interpreted as a vote against Mr. Owens who may turn out to be the right person. Comm. Yankama said whoever is put on the board should be very knowledgeable of the codes and the process involved in the new rental registration process. He agreed that the process should be more extensive.

City Manager Ken Tsuchiyama said that he appreciates the feedback on the process and further stated that there should not be an assumption that the Rental Property Owners Association has concerns with this appointment as the City has not heard from that group. He noted that regardless of who is appointed as a city elector that the expectations should be realistic about the depth of their understanding about Housing Code. He stated that the City Attorney's office attends the meetings to provide expertise to the board as they review appeals. Comm. Morris said that the city should put trust in the city staff to assist with appointments. He said that Mr. Owens cares and has the experience needed and that he will support his appointment. He noted that this is just one of many appointments made by the Commission.

Comm. Sullivan asked for clarification of who is currently serving on the Rental Board of Appeals. Mr. Tsuchiyama explained that the Assistant City Manager is the chair and the other two members are city electors, which is the only membership defined by the ordinance. He explained that staff has taken it a step further by looking for city electors who are either rental property owners or who manage rental properties. City Attorney Eileen Wicklund stated that there is a provision for appointing an alternate. Comm. Sullivan stated that if commissioners were to vote no that it should not reflect on Mr. Owens but as a request for more time to review the appointment options. Comm. Thompson asked when the board meets next and how many members are needed for a meeting. Ritsema said a meeting is scheduled for next week, but it is dependent on whether there are action items, and that two members are needed to hold a meeting. Comm. Fulton clarified that the commission could wait and offer the opportunity to others to see who is interested in serving in this capacity. Mr. Tsuchiyama affirmed Comm. Fulton's statements and said that staff preference is to appoint a replacement in a timely manner. His suggestion was to not approve the resolution and to give staff time for further outreach, which given the timing of holidays could take a month. Mayor Baldwin asked if it were better to vote the resolution down or to postpone it. City Attorney Eileen Wicklund said it would be better to vote it down if the intent is to see of other individuals are interested. Mr. Tsuchiyama clarified that an alternate has been appointed and meeting business could proceed if needed. Mayor Baldwin said she hears general consensus that the process is the concern and that there are not concerns about this individual. Tsuchiyama said staff will make sure that Mr. Owens would be informed the reason for the vote against the appointment.

30. A Resolution authorizing the submittal of a grant application to the Federal Transit Administration (FTA) for $318,889 in capital funds under the American Recovery & Reinvestment Act (ARRA) of 2009.
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A Resolution authorizing the submittal of a grant application to the Federal Transit Administration (FTA) for $318,889 in capital funds under the American Recovery & Reinvestment Act (ARRA) of 2009.

Motion to approve

Moved By: Ryan Hersha City Commissioner
Supported By: Bill Morris City Commissioner

Votes For = 9
Susan Baldwin Mayor
Elizabeth Fulton City Commissioner
Ryan Hersha City Commissioner
Chris Simmons Vice Mayor
Lynn Gray City Commissioner
Laurie Sullivan City Commissioner
Diane Thompson City Commissioner
Bill Morris City Commissioner
Andrew Yankama City Commissioner

MOTION APPROVED

Comm. Sullivan asked for clarification on the process. City Manager Ken Tsuchiyama said several months ago the City received notification that funds were available to the City for transit projects. An application was approved by the Commission in September for some of the funds to be used for improvements at the Transit Facility on Michigan Avenue, the Intermodel Facility near Full Blast on Hamblin and to improve some outdated equipment. The FTA has indicated that a second application is needed to secure the remaining dollars while they are available. He said that there are options to amend the application if desired, however the intent is to secure the funding while the City is eligible for the funding. He stated that the downtown transformation plan includes some projects that could affect transportation facilities and services and that details are not yet worked out, however it could be desirable to relocate the Transit Administration facility. The application does not commit the money to this project or the City to moving the facility, however it would secure the funding available for transit purposes. Comm. Hersha said he appreciates that the decision about relocation has not been made and that he looks forward to an in-depth discussion on this. He said he would vote yes on this with the understanding that there will be an opportunity to consider other purposes for this funding. He also said that he appreciates staff work on this project. He stated that the current Intermodel facility needs improvement. Mr. Tsuchiyama said that a study group has previously suggested relocating the Intermodel facility closer to City Hall and to county agencies in the Toeller building to better serve customers. He said said several possible locations each have strengths and weakness and that a more in depth process both internally and publicly will be undergone if a decision to relocate is made.

34. Resolution approving a 'Performance Resolution For Governmental Agencies' required by the Michigan Department of Transportation for a City of Battle Creek gateway project in the State right-of-way.
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Resolution approving a 'Performance Resolution For Governmental Agencies' required by the Michigan Department of Transportation for a City of Battle Creek gateway project in the State right-of-way.

This resolution was pulled from this agenda at the request of City Manager Ken Tsuchiyama.

GENERAL PUBLIC COMMENT
Carl Turner expressed concerns about the firefighter hiring process. He said that he believes that the Commission is misinformed about the Civil Service Commission process. He said that the purpose of the Civil Service Commission is to create an eligibility list, not to determine hiring decisions. He submitted materials to the Clerk to be shared with the Commission.

Walter Hardy of 38 Woolnough said he supported the comments made by Carl Turner. He said this is not an attempt to get rid of Act 78 or to circumvent Act 78. He said the concern is the hiring practices of African Americans. He expressed concern about the low number of African Americans working in the Fire Department. He said that it is a misconception that the psychological exam is a benefit.

Steve Koch of 548 Washington Avenue read an email he had sent to the Police Department complaining about the manner in which he was approached by the police regarding the carrying of a firearm. Concerns were expressed to Police Chief Headings and the City Attorney, Mayor's and City Manager's Office and has not received a response.

COMMISSION COMMENTS

Comm. Hersha asked for discussion of the issue of hiring fire fighters and the very specific concerns expressed to the Commission by Mr. Turner. He suggested to staff that the Commission would benefit from learning more about the hiring process for firefighters, specifically where discretion and judgement come into the process as well as options for adjusting the process. City Manager Ken Tsuchiyama said a report was prepared for Commissioners attempting to educate commissioners on the process in response to Mr. Turner and Mr. Hardy's comments made at the September 15 Commission meeting. If that report was not sufficient he is willing to do more. He said that the report should be shared with the newly elected commissioners. He said once commissioners have reviewed the report then they can notify him about what areas need more clarification or explanation. He noted that the City does the hiring, but the process is actually the Civil Service Commission's process.

Comm. Thompson said she would wait to see what the report said, but that there have been concerns expressed several times about the psychological exam, including the cost and time taken to send applicants to Chicago. Mr. Tsuchiyama said that from time to time the City has looked at the testing process and is currently reviewing that practice for both police and fire. He said staff believe that the testing is important and that the psychological testing is important because of the stressful nature of these positions. Comm. Thompson suggested that if staff is evaluating potential vendors that there are local psychologists that could provide that service. Comm. Morris said it was 1961 that the City voted to implement the Civil Service process and that his preference would be to do the testing in Michigan and not out of state. Comm. Gray said while she was campaigning the concern of minority hiring did come up on more than one occasion. She looks forward to reviewing the report and the information provided by Mr. Turner. Vice Mayor Simmons said he does think there are legitimate concerns about diversity in the Fire Department and other areas of the city. He appreciated the report and the promptness of it and that he was struck by the low number of minority applicants. He said if there is such a low number of applicants he can see why there would ultimately be a lower number of minorities hired. He said perhaps the City can focus on recruitment efforts, especially considering that the City's hands are somewhat tied by the Civil Service process. Comm. Yankama stated he would like to see more local hires and more recruitment efforts locally, whether they are minorities or not.

Comm. Sullivan asked about Mr. Koch's concerns and if it were possible to have someone present at the meeting who can answer questions, such as those raised by Mr. Koch. City Attorney Eileen Wicklund said that the request had come as a Freedom of Information Act Request for a legal opinion and that the complaint about Police Department was referred to that department. City Manager Ken Tsuchiyama said that he did receive a voice message from Mr. Koch today and that he did not get the message until 6:45 p.m. and that it was too late to request that Chief Headings be present. He said it is not the practice to enter into these types of discussion during the regular business meeting, but he would be willing to meet immediately after or at an arranged time.

Comm. Fulton said that she would be happy to share information regarding Michigan fire arms with Comm. Sullivan after the meeting, and with any other Commissioner that would like it.

Comm. Thompson said she would like the firearms update. She also said in regards to Resolution 16, she hopes that the City is representing the landlords well in this process. She said rental properties are needed and that people should not assume that all landlords are slum lords. City Attorney Eileen Wicklund clarified that the purpose of the appeals board is to review the process and that there is not discretion about how Housing Code is administered.

ADJOURNMENT

Mayor Baldwin adjourned the meeting at 8:20 p.m.

	Meeting Date:	Tue December 01, 2009 07:00 PM
	Location:	Commission Chambers City Hall
	Chair:	Susan Baldwin - Mayor
	Prepared By:	Michelle Reen - Deputy City Clerk

Attendance Committee Members:	Attendance Staff:
Susan Baldwin Mayor Elizabeth Fulton City Commissioner Ryan Hersha City Commissioner Chris Simmons Vice Mayor Lynn Gray City Commissioner Laurie Sullivan City Commissioner Diane Thompson City Commissioner Bill Morris City Commissioner Andrew Yankama City Commissioner	Bedsole, Susan - Director of Licensing & Compliance Reen, Michelle - Deputy City Clerk Ritsema, James - Assistant City Manager/Finance Director Tsuchiyama, Ken - City Manager Wicklund, Eileen - City Attorney