Neighborhood Planning Council 11 - Lakeview east

Meeting Minutes Minges Brook/Riverside Neighborhood Planning Council (NPC) #11 Central Christian Church Community Room 713 Riverside Drive Battle Creek, MI 49015 Wednesday, March 28, 2018 1. 7:00 PM – Welcome and opening – Randall Champlin 2. Attendance sheet: Fran O’Neil, Frank Egland, Jan Frantz, James Hamlin, John Godfrey, Helen Larder, Leah Ortiz, Randall Champlin, Rudy Barda, Talia Champlin, Tate Trujillo, Tina Yost, City Rep: Richard Bolek, Chief Building Official, Battle Creek Police Department Rep: Officer Shawn O’Bryant, County Commissioner Jake Smith, Sharree Coffman-Cook, Elizabeth Insley, Joan Greiger Phil Schillaci, Dan Buscher 3. Additions or deletions to this agenda: None 4. Approval of the previous month’s meeting’s minutes. John Godfrey moved to approve and Leah Ortiz supported the motion. Motion passed unanimously. 5. Correspondence sent/received – Chris Simmons cannot attend meeting as his family is on spring break. He let us know that the next two Commission meetings will be 4/10 and 4/17. Joan Greiger alerted us that NPC 1 is being asked to allow a variance for a marijuana- growing facility, and encourages members to watch City Notices because citizens need to attend to give input on important city issues. 6. City staff reports: City staff reports and Commissioner Comments:  City Commissioners’ reports: No report  County Commissioners’ reports: Commissioner Jake Smith reports that the county is putting $18,000,000 into the roads, and they have not been able to find a managing director. The interim director left last month, and the Road Commission really needs someone at the helm. Part of the investment is in new trucks, but they can’t fit in our existing garages, so facilities will have to be identified that can protect our investments in the new equipment. Jake invited us to join his next monthly Coffee Hour at Lux Cafe, 8-9am, 3/29. Compliment was given on his informative monthly newsletter.  Police Department Report:: Officer Shawn O’Bryant introduced herself. She has 10 years with BCPD and 19 years in law enforcement. She is assigned to our NPC, but doesn’t work our area. 2nd shift officers are short-staffed and very busy, and it is hard to have someone here at the NPC meeting. She checked with Officer Tom Rivera, and he has electronic speed monitors in our area starting at the beginning of March. They are at Capital and Christy northbound and Golden and Riverside westbound. Question regarding the crossing guard hit at Riverside. She does not have an answer, but guard did not sustain injuries. Officer Kilbourne, assigned to Lakeview Schools has been assisting the crossing guard. Question how long you can have a trailer parked on your property or on the street. Any trailer not hooked to a vehicle may not be left on a roadway, and may be ticketed. Motor homes, since they are vehicles, are allowed to be parked on the street. Question about what to  do when someone is in the neighborhood and acting erratic. Should you call the police? Yes – This type of call is a “Check Subject”. Please give a detailed description, using 269-781-0911 dispatch for non-emergencies. Question regarding the drone program – Did they go through the LESSO program which would allow reuse of military equipment? The Chief may know the answer to this. Emergency Management, Mike McKenzie, Director of Emergency Services, could be emailed to get this answer. When Officer O’Bryant was working our area, in 2016, there were lots of phone scams, larcenies, b&e’s reported. If you see someone ring a doorbell and then go to the back of the house, please call 911, as this may be a b&e in progress. Don’t leave your possessions in your vehicles unlocked – Make it hard for someone to take your items. Watch for phone scams – IRS, grandchildren asking for money. If it doesn’t sound right, go with your instinct, and hang up. She has covered over 30 unemployment fraud complaints. Watch your credit report through all three reporting agencies – Equifax, Experian, TransUnion. Be vigilant in protecting yourself. Question regarding mailbox theft. Officer O’Bryant believes Emmett Twp has apprehended someone and is working to see if there are connections with this individual and some of the thefts in city neighborhoods.  City Representative Report: Richard Bolek, Chief Building Official attended for Yolanda Johnson. He came from a building background, owned his own construction business, and then became a Pontiac building inspector for a privatization firm in 2005-2006. He later accepted a position with Meridian Township and became Senior inspector. When he came to us, he had several opportunities around the nation, including Colorado, but wanted to stay closer to home. The position not filled for quite some time, and it is a work in progress to change policies to effectively guide the redevelopment of Battle Creek. Contractors and citizens have expressed frustration with not having someone they could go to to bring some construction experience and cost/benefit knowledge to the inspection process. He believes he brings a sense of understanding from both sides of the table, and that his department is on its way to making some positive changes – protecting code enforcement and applying common sense, as well. Question regarding the top one or two ordinances he would like to see changed? Safety inspections coming out of the vacant and abandoned ordinance have sometimes resulted in overzealous requirements on a house built in the 30’s, 40’s, or 50’s. We could make it a little easier to bring some of these properties back on line. Not every house should be rehabbed. Question regarding one neighbor repeatedly calling in violations on another neighbor – How are those dealt with? Every complaint that comes in has to be validated. His department must deal with each call as a complaint, but they don’t want to let it bleed over into harassment. They are sometimes forced to pass things up to the attorney’s office. Are there programs for citizens who can’t afford the repairs required? The County Paint Program, for instance, can help citizens who cannot afford maintenance. But the ordinances are in place to maintain the quality of neighborhoods, and keeping property in good repair is  part of home ownership. Chris Lussier may have resources to help. How are blighted areas identified on the master plan dealt with? This is a good question for the Planning Dept. 7. Committee reports:  Beautiful Battle Creek Award Nominations – Dave Hawks – No nominations. Randall reminded us that we can nominate a resident and a business every month, so please notice when a neighbor is working hard to improve their property.  Neighborhoods and Land Use – John Godfrey reported on the joint meeting with City commission to finalize the Capital Improvement Plan. This is a wish list from all 10 departments of the city, and each item is ranked in terms of priority, using a 1-5 system. This plan must be compiled and reviewed annually, and is meant to be a 5-year plan. Efforts are made to give the highest priority items a place in the upcoming budget, but many items will not be funded. Question about top priorities. Suggest checking the city website. Question regarding the zoning variance request being made in NPC 1. In this case, the former Behnke Warehouse near Oak Hill Cemetery is only 68ft from the nearest single-family residence and a variance allowing a marijuana facility here might set a dangerous precedent for facilities in other parts of the City. Motion Jan Frantz, seconded by Helen Larder and Frank Edlund, that NPC 11 wants to publicly support NPC 1 in denial of granting variances for marijuana facilities less than the currently- mandated 1000’ isolation distance from single-family residences. Motion carried unanimously.  NPC 11 Programs – Laura Herzing – Laura is now working 2nd shift and is resigning from her positions as Programs Chair. She has done a wonderful job and we will miss her.  Blue Ribbon Advisory Committee update - Randall Champlin/John Godfrey – The Committee has been asked to review several aspects of our city charter: looking at gender neutral language (approved), method of selection for our mayor and vice mayor, staggering terms, length of terms, to name a few. The committee is leaning toward voting for mayor and vice-mayor directly, maintaining the commission size to the same 9 members, but changing to only 2 at-large commissioners (mayor and vice-mayor) and 7 wards. Staggering terms would prevent the commission from having all new members at once but the committee is currently leaning towards all commissioners up for election every 2- years. A survey link was sent with our NPC meeting announcement so you can give on-line feedback. Question – If mayor is elected directly, would duties change? No – mayor would remain as the chief executive of the city and chair meetings, and be able to appoint some committee members but other wise would have the same privileges and responsibilities as other commissioners. As chief executive, the Mayor is the only one who can ask for help in a national or natural disaster. Question regarding how disputes are resolved between mayor and manager. For instance, can the mayor fire the manager? No – The city manager is employed by the whole commission and the mayor only has one vote. Concern that public election of mayor may not yield the person who can get the commission to work together. Concern that citizens may have different expectations for an elected mayor. The least popular option at this point seems  to be making the top vote getter the mayor. Next meeting of the Blue Ribbon Committee is 5pm April 11 at the DPW on Kendall St. Comment regarding the reasoning and sound judgment of Blue Ribbon members. Comment that not every commissioner would want to serve as the mayor. More wards may mean a more accurate reflection of the concerns of individual neighborhoods. A reminder that the meetings are public, and interested citizens are encouraged to attend and make their preferences known. 8. Old business:  New Member Submission – There may have been a misunderstanding regarding members of NPC 11, so Randall suggested a re-affirmation of certain members on the roster and addition of some attendees who would like to be included. These names will be submitted for affirmation or approval: Helen Larder, Don Larder, James Hamlin, Tate Trujillo, Stephen Worful, Rachel Johnson, Fran O’Neill, Joan Greiger, Dan Buscher, Jan Frantz. The following members will now be removed from the roster: George and Beverly Valilee, Mike Sherzer, Bobbie Wilson. Motion was made by Tina Yost, seconded John Godfrey. Motion carried. Note: Some of these individuals have been voted on previously. However since the NPC 11 Membership list on the City’s website did not reflect those changes we voted on them, and a few new folks, at this meeting.  Based on time, use of one of the June, July, or August NPC 11 Meetings as an alternative such as a project or social event was tabled for future discussion.  2018/2019 NPC 11 Officers Nominating Committee was appointed. Tina Yost and Leah Ortiz volunteered and their willingness to serve was gratefully accepted. 9. New business:  Monthly informational Program: Sharlee Coffman-Cook, Communications Manager Fair Housing Center of Southwest Michigan thanks the city for offering Fair Housing education. On 5/4, the city will host an all-day conference on the topic. This is the 50th anniversary of the Fair Housing Act. The goal of the act is to provide equitable access to housing, whether renting, selling, or buying, Discrimination is limiting someone’s housing choices based on their membership in a protected class. All types of housing transactions are covered. Michigan Elliott Larsen Act adds marital status and age to the list of federally-protected classes and the city has added protections for transgender and sexual orientation. It is not a violation of the Fair Housing Act if the problem isn’t related to a protected class. Question if there is a limit to the number of generations or the degrees of separation living in a single-family residence? Standard of practices include 70sft for the first person and 50sft for each additional person, or 2 heartbeats per room of living space. For a 55+ community to discriminate in age, they must comply with a very narrow definition. A 1-4 unit owner-occupant can discriminate against some classes as long as they don’t publicly advertise the restrictions, although they can never discriminate based on color or race. Once someone has been identified as guilty of discrimination, retaliation can be filed as a second claim. Advertising that is not allowed includes verbal discrimination. This center serve 9 counties. Investigators review advertising to ensure compliance with anti-discrimination practices. The #1 call to the center is about disability. Fair Housing discrimination is different than ADA non- compliance, which has lower standards. Companion or emotional support service animals are not pets. They serve a purpose, and there are no breed restrictions. The person must have a letter saying person needs this specific animal in order to be able to  perform necessary daily activities. In every system, there is someone who cheats it, but there has not been a complaint on someone not getting to keep their support chickens. (Surprisingly, the hypothetical “Support Chicken” question has come up at several NPC’s.) When the center receives a complaint, it must set up an investigation, which involves a test similar to a secret shopper, with one tester representing a protected class and one non-protected tester. Free conferences are available throughout the year to help renters, buyers, real estate agents and interested citizens learn more about fair housing practices. 10. Public comments: None 11. Member Comments: In the interest of time, Tina Yost will cover some things next month, but wanted to report that the Fusion Team has targeted 21 at-risk children at Battle Creek Central. These students are getting services they need to move them to a successful path rather than ending up in the criminal justice system. The preference is to avoid prosecution on their records which result in significantly narrowed employment opportunities, along with other consequences. She is proud to be bringing info to the NPC’s on the positive things. In addition, there will be a local student ArtPrize competition on April 21st 2-5pm at the Career Center. 110+ projects are being submitted by students of all ages across the greater Battle Creek area, including a huge collage from Beadle Lake Elementary. The competition will feature a great panel of judges, including Dale Shoesmith and Richard Schlatter. The event needs volunteers, and those interested are encouraged to contact Tina Yost. 12. Next Month’s Meeting: Wed April 25th, 2018, at Central Christian Church - 713 Riverside Dr. Program will be Eric Campbell a City Civil Engineer on upcoming street improvements in the NPC 11 area. 13. Adjournment: There being no further business, Randall Champlin adjourned the meeting at 8:54pm.