Agenda: Battle Creek City Commission

Meeting Date: September 16, 2014- 7:00 PM
Location: Commission Chambers City Hall
Chair: David A. Walters, Mayor
Title: Prepared by Michelle Redman

INVOCATION
PLEDGE OF ALLEGIANCE
PROCLAMATIONS AWARDS
Beautiful Battle Creek Awards
Proclaiming Monday, September 22, 2014, as "Kindness Day".
CHAIR NOTES ADDED OR DELETED RESOLUTIONS
PUBLIC COMMENTS REGARDING CONSENT AGENDA
(Limited to three minutes per individual)
COMMISSION COMMENT REGARDING MEETING BUSINESS
CONSENT AGENDA
Minutes:
City Commission Minutes for Regular Commission Meeting on September 2, 2014
Special City Commission Meeting Minutes for August 23, 2014
Special City Commission Meeting Minutes for August 26, 2014
Petitions, Communications, Reports:
City Manager Report for September 16, 2014
Resolutions:
254

A Resolution approving the Edward Byrne Memorial Justice Assistance Grant number 2014-DJ-BX-0461 authorizing the City Manager to sign the award document for the amount of $53,356 from the U.S. Department of Justice, Office of Justice Programs.

 

255 A Resolution appointing new members to the Fremont, McKinley, Verona Neighborhood Planning Council (NPC #4).
256 A Resolution appointing a member to the Special Assessment Review Board.
257 A Resolution recognizing Battle Creek Pride as a non-profit local civic organization in the community.
PETITIONS COMMUNICATIONS REPORTS
RESOLUTIONS
258 A Resolution authorizing the Mayor to execute an employment agreement with Rebecca L. Fleury for the position of City Manager.
259 A Resolution to move the City Commission Organizational Meeting followed by the Regular Meeting scheduled for November 11, 2014, at 7:30 pm, to Wednesday, November 5, 2014, at 7:30 pm.
260 A Resolution setting a Closed Session of the City Commission on a legal matter.
GENERAL PUBLIC COMMENT
(Limited to three minutes per individual)
COMMISSION COMMENTS
ADJOURNMENT
CLOSED SESSION
Citizens who wish to address a specific issue on the floor may do so at any time after being recognized by the Mayor or presiding Commission. At the time for public comments, after being properly recognized, citizens may address the commission on any subject. Citizens will be subject to the following limitations:
  1. Citizen comments on any Resolution before the Commission may be made either before or after the Commissioners have had an opportunity to discuss the Resolution, at the discretion of the Chair;
  2. Citizens wishing to speak to a particular Resolution should raise their hands and wait to be recognized before speaking;
  3. Citizens will confine their remarks to matters currently pending on the floor, and be brief and concise in making their remarks;
  4. If a citizen becomes repetitive or, in the opinion of the Chair, takes an inordinate amount of time in making comments, that citizen will be ruled out of order and the Commission will continue with its business;
  5. Citizens should address all remarks to the Commission as a whole, and not to individual Commissioners.

These Rules will apply to comments by citizens during the Public Comment section of the Agenda.

The City of Battle Creek will provide necessary, reasonable, auxiliary aids and services, such as signers for the hearing impaired, and audiotapes of printed materials being considered in the meeting, upon seven days' notice to the City of Battle Creek. Individuals with disabilities requiring auxiliary aids or services, should contact the City of Battle Creek by writing or calling the following:

Victoria Houser
Office of the City Clerk
Post Office Box 1717
Battle Creek, Michigan 49016
269/966-3348 (Voice)
269/966-3348 (TDD)

Agenda: Battle Creek City Commission

Meeting Date: September 16, 2014- 7:00 PM
Location: Commission Chambers City Hall
Chair: David A. Walters, Mayor
Title: Prepared by Michelle Redman

ATTENDANCE
Mayor Dave Walters    Susan Bedsole, Interim City Manager
Vice Mayor Deb Owens    Linda Morrison, Interim Assistant City Manager
Commissioner Susan Baldwin     Jill Steele, City Attorney
Commissioner Mark Behnke     Victoria Houser, City Clerk
Commissioner Jeff Domenico     Jim Blocker, Police Chief
Commissioner Lynn Gray   Paul Engels, Human Resources Director
Commissioner Andy Helmboldt    
Commissioner Mike Sherzer   
Absent:   
Commissioner Dean Newsome 
INVOCATION
PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Daniel Yates and Cylena Cummings of the Youth Advisory Board.  

PROCLAMATIONS AWARDS
Proclaiming Monday, September 22, 2014, as "Kindness Day".
Mayor Walters proclaimed Monday, September 22, 2014 as "Kindness Day," encouraging everyone to think outside themselves to do good deeds for others without asking for anything in return.

 

The Proclamation was accepted by Mr. Patrick Hirzel, on behalf of Battle Creek Kindness Inc. 

Beautiful Battle Creek Awards
Mayor Walters presented the Beautiful Battle Creek Awards.
CHAIR NOTES ADDED OR DELETED RESOLUTIONS
There were no added or deleted resolutions.
PUBLIC COMMENTS REGARDING CONSENT AGENDA

John Compton stated he disagreed with the notation in the minutes that Comm. Behnke was 9 minutes late for the prior Commission meeting, stating he thought he was 10.5 minutes late.  

 

Deana Spencer, 34 Radley St, thanked the Commission for their consideration to recognize BC Pride as a local non-profit organization. 

 

David Moore, 102 Taylor Ave, inquired as to Resolution 254 regarding a grant from the US Department of Justice, stating he felt it should be on the regular agenda. 

(Limited to three minutes per individual)
COMMISSION COMMENT REGARDING MEETING BUSINESS

Comm. Helmboldt disclosed that he was a member of the board of directors of BC Pride. 

CONSENT AGENDA
Motion to Approve
Moved By: JEFF DOMENICO
Supported By: LYNN GRAY


Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, WALTERS, HELMBOLDT, OWENS, SHERZER.


Absent: NEWSOME.
MOTION PASSED

Minutes:
City Commission Minutes for Regular Commission Meeting on September 2, 2014
Special City Commission Meeting Minutes for August 23, 2014
Special City Commission Meeting Minutes for August 26, 2014
Petitions, Communications, Reports:
City Manager Report for September 16, 2014
Resolutions:
254 A Resolution approving the Edward Byrne Memorial Justice Assistance Grant number 2014-DJ-BX-0461 authorizing the City Manager to sign the award document for the amount of $53,356 from the U.S. Department of Justice, Office of Justice Programs.
Motion to Approve
Moved By: JEFF DOMENICO
Supported By: LYNN GRAY


Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, WALTERS, HELMBOLDT, OWENS, SHERZER.


Absent: NEWSOME.
MOTION PASSED

255 A Resolution appointing new members to the Fremont, McKinley, Verona Neighborhood Planning Council (NPC #4).
Motion to Approve
Moved By: JEFF DOMENICO
Supported By: LYNN GRAY


Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, WALTERS, HELMBOLDT, OWENS, SHERZER.


Absent: NEWSOME.
MOTION PASSED

256 A Resolution appointing a member to the Special Assessment Review Board.
Motion to Approve
Moved By: JEFF DOMENICO
Supported By: LYNN GRAY


Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, WALTERS, HELMBOLDT, OWENS, SHERZER.


Absent: NEWSOME.
MOTION PASSED

257 A Resolution recognizing Battle Creek Pride as a non-profit local civic organization in the community.
Motion to Approve
Moved By: JEFF DOMENICO
Supported By: LYNN GRAY


Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, WALTERS, HELMBOLDT, OWENS, SHERZER.


Absent: NEWSOME.
MOTION PASSED

PETITIONS COMMUNICATIONS REPORTS
There were no petitions, communications or reports.
RESOLUTIONS
258 A Resolution authorizing the Mayor to execute an employment agreement with Rebecca L. Fleury for the position of City Manager.
Motion to Approve
Moved By: JEFF DOMENICO
Supported By: LYNN GRAY

David Moore congratulated the new City Manager, wishing her the best, stating he felt the other City employees should be taken into consideration when raises are considered. 

 

David Sarachick, 201 Winter Street, expressed his hope Ms. Fleury will make changes in Battle Creek, discussing an incident at a property near his home.  Mr. Sarachick stated changes need to be made to improve the neighborhoods, asking the Commission to implement checks and balances. 

 

Gary Dodd, 212 Canterbury Park, stated he reviewed prior City Manager contracts, and what they receive for their retirement income, totaling $468,000 for the last few City Managers.  Mr. Dodd noted the City Manager is a tax payer funded position that serves at the whim of the City Commission.  Mr. Dodd asked the Commission to consider their own performance while setting the criteria for the City Manager's performance. 


Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, OWENS, SHERZER, WALTERS.


Absent: NEWSOME.
MOTION PASSED

259 A Resolution to move the City Commission Organizational Meeting followed by the Regular Meeting scheduled for November 11, 2014, at 7:30 pm, to Wednesday, November 5, 2014, at 7:30 pm.
Motion to Approve
Moved By: JEFF DOMENICO
Supported By: LYNN GRAY


Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, OWENS, SHERZER, WALTERS.


Absent: NEWSOME.
MOTION PASSED

260 A Resolution setting a Closed Session of the City Commission on a legal matter.
Motion to Approve
Moved By: JEFF DOMENICO
Supported By: LYNN GRAY


Ayes: BALDWIN, BEHNKE, DOMENICO, GRAY, HELMBOLDT, OWENS, SHERZER, WALTERS.


Absent: NEWSOME.
MOTION PASSED

GENERAL PUBLIC COMMENT

John Compton, 191 Summer Street, discussed what agenda items were missed when Commission Behnke arrived late for the prior Commission meeting, asking the Ethics Committee to review and address this issue, asking if he would be paid for the entire meeting.

 

David Moore expressed his concern with crime late in the evenings, stating he felt the late hours for bars encourage crime. 

 

David Sarachick presented a picture of a problem property in his neighborhood, asking the City to inform the property owner of the problems the tenants have caused, stating the tenants are also involved in drug activity.  Mr. Sarachick requested Comm. Sherzer address the neighborhood issues with the Code Compliance Department.  Mr. Sarachick also discussed issues with other municipalities.

(Limited to three minutes per individual)
COMMISSION COMMENTS

Comm. Helmboldt expressed his delight that the voting system worked the entire evening. 

 

Comm. Gray announced a Town Hall meeting at Washington Heights Methodist Church, Monday, September 29, 2014 at 6:00 pm to discuss the urban farm located in the Washington Heights neighborhood.  Comm. Gray stated Rev. Murphy and Rev. Bouldrey would be at the meeting to hear residents' concerns and answer questions. 

 

Comm. Baldwin stated she was not able to be the voting delegate for the MML Convention, asking other Commissioners to volunteer in her place.

 

Comm. Sherzer thanked Susan Bedsole for her service as Interim City Manager, noting she came in at a difficult time, stating she did an admirable job, expressing his appreciation for her professionalism during the process, stating he looked forward to working with her in the future. 

 

Mayor Walters expressed his appreciation for the support provided by Ms. Steele and Mr. Engels for their assistance while developing and negotiating the contract with Ms. Fleury.   Mayor Walters also discussed other municipalities' rules for public comment, stating they are much more strict, requiring anyone wishing to speak during public comment to reserve a time and specify the topic, only being allowed to discuss the topic they have indicated.  Mayor Walters informed everyone that the Ethics and Meeting Rules Committee studied and considered this, stating they made a determination to include open public comment, without requiring a reservation, stating this would be the best opportunity for residents.  Mayor Walters expressed his concern recent public comment has been very disrespectful,  often as personal attacks on both the Commission and City staff, stating the disruptive behavior is addressed in the Meeting Rules, stating they can prohibit disruptive behavior, asking respect be returned to everyone.   

 

 

ADJOURNMENT
Mayor Walters adjourned the meeting at 7:35 PM.
CLOSED SESSION
Citizens who wish to address a specific issue on the floor may do so at any time after being recognized by the Mayor or presiding Commission. At the time for public comments, after being properly recognized, citizens may address the commission on any subject. Citizens will be subject to the following limitations:
  1. Citizen comments on any Resolution before the Commission may be made either before or after the Commissioners have had an opportunity to discuss the Resolution, at the discretion of the Chair;
  2. Citizens wishing to speak to a particular Resolution should raise their hands and wait to be recognized before speaking;
  3. Citizens will confine their remarks to matters currently pending on the floor, and be brief and concise in making their remarks;
  4. If a citizen becomes repetitive or, in the opinion of the Chair, takes an inordinate amount of time in making comments, that citizen will be ruled out of order and the Commission will continue with its business;
  5. Citizens should address all remarks to the Commission as a whole, and not to individual Commissioners.

These Rules will apply to comments by citizens during the Public Comment section of the Agenda.

The City of Battle Creek will provide necessary, reasonable, auxiliary aids and services, such as signers for the hearing impaired, and audiotapes of printed materials being considered in the meeting, upon seven days' notice to the City of Battle Creek. Individuals with disabilities requiring auxiliary aids or services, should contact the City of Battle Creek by writing or calling the following:

Victoria Houser
Office of the City Clerk
Post Office Box 1717
Battle Creek, Michigan 49016
269/966-3348 (Voice)
269/966-3348 (TDD)