Neighborhood Planning Council 2 - North Central

NORTHCENTRAL NEIGHBORHOOD PLANNING COUNCIL #2 Meeting Minutes—April 9, 2018 SMCDC 47 N. Washington Avenue Battle Creek, MI 1. Call to Order & Welcome: Pastor Joe Hooper, Chair, called to order the NPC#2 meeting at 7:00 p.m. 2. Attendance: Members: Rev. Hooper, Ron Sweet, Larz Martin Bey, Kitty Hillian, Prentice Thompson, Nicholas Virgil, Yvonne Powell, Commissioner Lynn Ward Gray, Jeffrey Dinkins, Bettie Robertson, Karen Todd Guests: Ofc. Brand Gentry, Verna Hooper, Jeff Breedlove, Barbara Travis, Kelly Dillman, Chris Lussier, Chief Jim Blocker, Chad Francisco, 3. Approval of Minutes: Ms. Kitty motion to accept minutes and seconded by Ron Sweet. C Martin to allow entire building for single residential in the Light Industrial and C3 business district. 5. Guest Presentations: Chief Jim Blocker: Unmanned Aircraft Systems. Going around and speaking to all NPCs to request the use of drones. He’s already familiar with drones. Could not find the purpose for the drones five years ago. Let’s advance, 4 to 5 years, technology better less experience…and now see the uses for the drones in the last 24 months. We had a rash of 3 vehicles that went into river--- Sunday morning (March 2018) the first incident: 9 degrees that morning. He remembers this day. Had we been able to launch a drone with infra-red technology…we would have been able to lock onto a body. Another incident, a child…concerning with hypothermia…the child was upstairs playing hide and seek. Channel 3 approached BCPS and did a presentation on Drones…. We know that there are some inherent things in having a drone program. Consumer power and Semco uses drones, engineers use drones, MDT uses drones, …as technology improves the cost of drones are decreasing. Lot of different uses for drone. Drones are credibly less expense. And that’s why a lot of not only private companies, hobbyist, but also law enforcement, fire department, emergency services personnel that is why they are converting to drones. There’s no way the BCPD frankly really many cities in the entire state of Michigan could justify a real aviation program. One look at the weather, we do not have that many flyable days. This year…inaudible…at this has been a terrible winter so far. Think about it, if we had a helicopter it would spend a lot of time in the hanger, if you can’t get in the as much. Whereas a drone you can get it in the air on most days and even up to 15 or 20 knots (1 knot = 1.15 mph) which is a lot of headwind, in terms of aviation speak. Two, highly affordable, you can keep it in the trunk of a car, pull them out and use them when you need them. Law Enforcement and FAA Regulations: Our Law Enforcement personnel…. inaudible…will be operating under a certificate of waiver. That is the only waiver that is granted by the FAA (Federal Aviation Administration) who actually regulates all aircraft which a drone is considered an aircraft will be operating under that agreement which essential states: You will be trained, you will understand the air space, you will be validated, and have a training program, more importantly whenever you get air time you will be in two-way communication with the FAA tower which we have one. That’s a program we have already subscribe to and we certainly would be a part of. After the presentation you want to read more on your own and then ask questions, I would more than happy to take them. Arguments against the Law Enforcement Use of Drones and the Law Enforcement Operational Constraints: One, as said before, there are community concerns with law enforcement, I would have the same concerns as you would have. There is a regulatory environment involving the use of drones The FAA does control it, the BCPD doesn’t control it. We can’t do just what we wanna do, there are rules that we have to follow. There are safety and liability concerns. BCPD have had concerns about the quality of the product. Are these things, the Drones, randomly gone fall from the sky when run out of batteries. Well, incidently, there has not been any incidents where they have on this type of commercial grade drones. What are the legal and constitutional constraints that the BCPD need to deal with. The Search and Seizure requirements. That’s certainly something that we must conformed and to and certainly we’re concerned about. Of course, we’ll talk about some of the controls we have in place to insure we don’t violate your constitutional rights. Cause frankly if we did, and if it does happen, it doesn’t do us any good, because everything that we gain from that evidence is thrown out, so doesn’t do us any good. So often times that’s fruitless. I’ll talk about some case law where that’s happened in the past, where law enforcement and others have learned the hard way. We’ll Talk about some cases that have allowed it. That is the framework for control of which BCPD will operate within. Finally, Concerns over Training and Operations. I can tell you our folks, we will have a small team that would be train like swat, bomb, lab personnel, and so many others…will be required training as well as monthly training sessions. Again, there’s concerns about Privacy. There’s concerns about spying. There’s concerns about weaponizing drones. I found a picture of a weaponizing drones. Can these drones can ever be weaponized? Well no. They would not be weaponized and I don’t know how you could weaponize them even if you wanted to. But no, I will talk about our policy which also is in this which absolutely forbids it, because it’s just a silly idea. Constitutional Protections: The RPX test were three cases that decided the reasonable expectation of privacy (RXP) in the space. (Katz v. U.S. 1967; U.S. v. Knotts,1983; U.S. v. Jones 2012). All of them essentially are cases involving law enforcement and the uses of aviation, none of these involve a drone or UAS because technology is new; however, the application is the same---two involved helicopter and one involved a static or pole camera on a street corner and could look down into someone’s yard, after of course, a search warrant. All of these cases, officers inadvertently but in plain view without the magnification or enhancement of the equipment itself, and the officers could see with their own eyes saw illegal activity was taking place; no different than if an officer saw a person burying marijuana in his yard or cooking his meth. If you or anyone can see it. This is in plain view. If an officer should be flying above and see with own eyes, someone burying a person or illegal activity, then the officer by his sworn duty must take action. Courts say you can and should act on what you see is illicit or illegal. What they cannot do is use specialized equipment to peer and pierce through covering or walls. In all three cases it was in plain view. If a drone was on a way to film something else…. but along the way…. the officer sees something else going on in a parking lot of breaking in car. Can that later be used? Yes, it can be used in court. Mr. Sweet didn’t get that. He stated you taking time to look at something else rather than what the original focus was and says you might miss something in between. Chief Blocker says in the path of travel of the drone, had the drone picked up something else, i.e. parking lot, then that could be used later for evidence. In 1990’s, the fire department got thermal technology so they could see where the heat signatures were in houses burning to better assist the fire fighter. BCPD Policy 606: 606.2 A UAS- (Unmanned Aerial (Aircraft) System) may be utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and FAA regulations. Policy 606.6 Prohibited use. The UAS video surveillance equipment shall not be used (1) to conduct random surveillance activities (2) To target a person solely on individual characteristics, race, creed, gender, etc. (3) To harass, intimidate or discriminate against any individual or group (4) to conduct personal business of any type BCPD would like to get the DJI Matrice 210 drone with thermal camera. All weather capable. IP43 rated; Runs dual thermal and standard camera, dual operator capable, 32 min flight time, obstacle avoidance, night flight, indoor flight, designed for “enterprise users”. Price: $20,000. We have not purchased anything. This newer model than the one pictured flies longer time and before we start program BCPD wants to introduce it to all of the NPCs. We have not pulled the trigger and purchased a model yet. This ends the presentation. Any questions? Jeff Breedlove asks a question regarding privacy. He asks if you could use the drone to randomly look around from neighborhood to neighborhood looking at things in plain sight. Chief Blocker said you’re talking about random fishing events. He says the courts look unfavorably upon that and says it’s way too expensive to be used in that manner. It requires the use of more than one officer. Chief Blocker says to be in the air, the drone must have a task and purpose and supervisory authorization. Ms. Bettie asked are they going to look into vandalism, theft, drug houses in the North Side. That’s a great question. So, if we have a reason, a task and purpose. Let’s say we had a rash of break-ins and we have a rough time frame and if a drone would help with that we might use it for that. But again, the mission would have to be task specific. Because again you only have a limited air-time. If you have a four-hour window, you might have it up in the air for only 30 minutes. It would have to be very specific and direct up to a location and of course case by case. Jeffrey Dinkins So you know you have officers cruising around the neighborhood just cruising so could this device be used to cruise the neighborhood. Because you know the statistics can say that in a certain neighborhood there is a higher crime and so forth. Great question, chief Blocker says that probably would be going too far. Again, you must have purpose and task. He doesn’t see practical application of replacing officers with a drone, this would be going down a slippery slope of invasion of privacy. He says a drone can’t sense emotion that an officer can detect nor understand the dynamics of the community. Dinkins continued by saying that she said the BCPD was short of officers, and could this drone be used to assist in some way. Chief Blocker said he gets it. Yvonne Powel asks in looking at cost to use drone and with the department size is it a possibility that you will let other departments share the drone equipment? Here’s the thing we don’t official share but we share everything unofficially. So, if you are asking if other agencies are allowed to use it. Powell: Yes. We start to lose accountability when that happens. But again, if Department of Public Safety in Emmett needs a piece of equipment or support we will support them. If Calhoun County Sheriff needs us, we will do it. We will come running. Sharing and collaboration is simple to do. The Fire Department is going to contribute a little bit. With outside agency no use. Nicholas Virgil ask re: 606.6 and policy can be changed in the future. Any policy in Battle Creek Police Department can change. The policies we implement have to pass national accreditation standard. Now If we want to get off that standard and possible lose that accreditation and we are in the process of going through the accreditation right now. Yeah, we could change a policy but I could potentially lose my accreditation. This is how we keep the agency honest. You never want to have U.S. vs. BPCD court case. And we don’t have one to date. Yvonne Powel asked must city commission approve this drone. Commissioner Gray says the City Council must approve the Drone project. Jeffrey Dinkins asked about liability coverage. All is covered under municipal insurance. Ms. Kitty ask about funding for the project. Chief Blocker says they have not solicited any monies, but already have the funds set aside for the Drone project. 6) Committee Reports: Police Department—For March 1-31. Ofc. Brad Gentry gave report for incidents, foot patrols 92, Traffic Stops, 75, Assaults 21, Burglary 3, Larceny 8, Damage to Property 5, Drug Offense 7, Obstruct Justice 12. Says we just hired three new guys who are doing in their in-house training. Ms. Kitty asked about loitering, littering with busted bottles, noise, and speeding in the summertime around 10 or 11 o’clock at night. Is Police going to be more attuned to this? Rev. Hooper asked about the diversification of the recent hires. The three that just started are white males. In this last class, one Burmese, one (1) African male, and one (1) Asian who speaks Arabic, and one white male. Chief Blocker answered that they believe in diversification. We currently have four vacancies which are already filled with candidates. It is difficult to hire. Ms. Jeffries brought up the issue of the testing requirements and the bias from years ago. Chief Blocker was not chief of BC then. Kelly Dillman—will be passing around information –Important Dates for Byrne Grant Projects. Thursday, April 26, 2018 Sergeant Rabbit, community service partner. will be giving analysis and assessment and overview of the research the University of Michigan did this past summer for the Byrne Grant. Monday, April 30, 2018, from 5:30-7:00 at DPW another leadership conference like the one given before. We will have three sessions to discuss the Byrne Grant Funding. Also, NPC2 is not represented well re: Byrne Grant. The Hot Spots for NPC2 is the Village (old youth building) and Battle Creek Central. Ms. Kelly’s contact number is (269) 966-3416. B) Neighborhood Services: Chris Lussier stated that there are some monies for community projects in the Byrne grant. Reports of junk accumulation and junk vehicles made of the majority report. Starting in April early May we look at more tall grass. The paint program has started April 1, 2018. We still haven’t used all the paint. NPC2 got already half of the vouchers. Jeffrey Dinkins ask about the paint and thought it was only exterior. When I picked my paint up it was interior. Chris says its mostly exterior paint. We did 80 or 90 exterior paint last summer. The paint is from E-paint and can be looked at online. E-paint battle creek. Ms. Jeffrey talking about tall grass and the property next door to her. People are starting to throw tires and debris in the lot. Chris will look into this. Ms. Bettie Robertson noticed on Parkway Drive, Irving Park, the city is cutting the branches which looks really nice and I appreciate that. How far are they going to go with cutting down branches. I also notice a bunch of trash with someone sleeping out there. Chris says he doesn’t know about the cutting of branches and will look into it. Jeffrey Dinkins also someone tearing the siding off an Oneita property and it looks awful. On Oneita between Roseneath and Roosevelt. Near 175 Oneita which is now a vacant house. Ron Sweet-10 Oneita street been burned out two or three times. I thought the house was going torn down and now it has a for sale sign and $395 per month. Talked to Amy at landbank last week and she did not want to get involved. Chris says not a house he knows about. What about house on Ann and Howland asks Jeffrey. Also, still concerned about the sidewalk problem at Dudley Schools built in 1954. There needs to be a sidewalk because kids walk in the street wants the NPC2 to support the cause and maybe monies can come from Byrne Grant. The Kids have walked in the streets no matter what the weather. It’s an accident waiting to happen. Those are little kids they don’t know. C) Beautiful Battle Creek Awards—None D) Membership: Rev. Hooper says the council is always in need of members, so if they are some able bodies from the community to help us on projects we love to have more members and let their voices be heard. E) Committee Report: Engagement Committee--None F) School Board: None G) Elected Officials: Commissioner Lynn Ward Gray. Accepting applications for the youth advisory board ages14-20 that have an interest. YAB leading town hall May 22, 7-8:30 p.m. in city hall chambers on school safety. Please support the youth and hear their perspective. BCPS, Lakeview Superintendents, and Chief Blocker will be there. Last meeting city council approved pop up shops. Adding another element for entrepreneurs and business owners to sell their wares and services. Those containers will be located just to the side of full blast and across from the post office. 7 cargo containers were purchased. This will allow for 6 to 8 (10x10) pop up tents. But they are really really looking for diverse offering of business. If you know anyone interested, please contact small business development, John Hart and Valerie Bonds. The deadline is coming up soon. Blue Ribbon committee meet again on Wednesday, April 11, 2018 to discuss possible charter changes. Also, there is a survey is out right now so that the citizens can weigh in on their previous discussions. At last meeting, a concept that was floated around got traction and will flush out more information from city standpoint—i.e. (1) to have at-large elections for the mayor and vice-mayor to be voted on by the citizens of Battle Creek (2) the remaining seven commissioners would be ward commissioners. Concept discussing now. We were named all-American city finalist, one of twenty cities to go to compete in Denver in June to be named as an all-American city. Ten will be named out of that twenty and they are really focusing on Civic Engagement in this particular round. If you google All-American Cities you can get more information and past winner recipients. Keeping You Informed—this month show is about IT (Information Technology) in the city. Try and take people in buildings and show the different services that are available and where to find them. Looking at the Water-Treatment facility. Kelly Dillman will be representing our city. There was an honorary street sign for Bobby Holley called the Bobby Holley Way located at Hubbard and Goodale. There is a new proposed ordinance that has been modified based on feedback that came in after the last ordinance proposal was defeated by commission vote. This particular one involves only chickens and is more of pilot program to review in a year to determine it continues or not. It is limited to 20 licenses and open to everyone in the city. There is no targeted area but still only up to 20 licenses. NPC1 took a vote to reaffirm that they were opposed to the chickens. It would be nice to know whether NPC2 would like to take their vote on this ordinance so Commissioner Ward can take back to the city council. NPC2 took a vote to not support the ordinance. This will be discussed at the April 17, City Commission Meeting and then the following May it would be adopted. Ms. Dinkins has already stated that she is against this proposal. I feel like there is already place for people who wants to raise chickens, cows, goats and dogs. I have a friend who lives near Bedford who already has this ordinance and there is a Rooster who she is constantly complaining. I don’t see where the chicken farms benefit the city. There are already areas outside of Battle Creek. If we allow the chickens, it will be a way to have goats and bees later. Ms. Bettie says I already live with the deer, skunk, racoon, possum, groundhog and everything else and you say you can’t kill them. I love chicken. Also forgot the Ducks. If the chickens come in my yard, it will be on my stove! Karen Todd asks, do know which of your colleagues that brought chicken proposal back up. Commissioner Chris Simmons who already have chickens announced at last meeting he would be putting this back on the agenda as soon as possible. So, April 17 was set. Ms. Dinkins ask about the person who kept bees illegally in the city. Did anyone from City do anything about that? If the ordinance passes and up to 20 people apply for licenses and are approved. A year from that time and he city council discusses it and decides to end the chicken ordinance just the 20 people who already have the licenses will have the right to keep their chickens as long as they are living on the property. After that the life of the license expires. There will be no roosters. Ms. Bettie questioned 20 licenses for a population of 52K in Battle Creek area. 20 licenses going to serve 52K people. Ms. Dinkins says that is just to open the door to further. Nicholas Virgil supports the 20 licenses and supports the chicken program for the liberty of others even though he will not apply. How many people in NPC2 applied for the licenses? None…. (inaudible…. cacophony) Nicholas reminded us about the commotion and how the downtown businesses did not want this because they pay property taxes and constraints of a building, they feel the food trucks would be encroaching upon their business. Finally, after all the racket, only one license was granted for the food truck. Lars Bey Martin says if you participate in the City Commission meetings then you will know that this is hot topic Urban Farming because the chamber is packed. You have both supporters and opponents. Says Chris Simmons was tactful how he presented proposal and wanted to do it quickly. Need to think about it. If you want it or not. Because once they get in there they will be battling again. When it was voted down, then the supporters were salty about the vote down. Many people were upset when they left the chambers. Let’s not act like this is a light issue. This urban farming is serious. We have to pay attention regarding this issue because Chris Simmons was smoothed the way he laid it down and with precision timing. How do we want to send our representative back, to say yea or nay, for us, like she did the last time, that is what Commissioner Ward is asking? That is one of our responsibilities of our NPC2 members is to attend the City Commission meetings. So, you won’t see it first in the newspapers but you see it for yourselves, first. This is something you don’t sit down as a pastime, we are really trying to get things done, so let’s just get active and stay focus. All right, all right, says Ms. Jeffrey. Clap, Clap, Clap… We must Ms. Yvonne, so we will make a motion. Either to support or oppose the chicken ordinance. Ms. Bettie wants to know how many city ordinances have the city passed to collect money and how many have been denied, or we going to eliminate the ordinance? Says (inaudible)…ordinance…where they can connect money, I have never known them to eliminate them. Commissioner Ward doesn’t really know and have to be researched. Let’s stick to this topic. Ms. Bettie says this also pertains to the ordinance they are about to pass and is connected to present issue. Ward says no way I can answer that question, I am sorry. Ms. Jeffrey says, is a fee associated with this ordinance or license of chickens, that’s what Ms. Bettie was asking….no, no, no…says Ms. Bettie…. Lynn Ward Gray says…I thought you were asking…. how many of the past ordinances that were voted in and voted down, where they could collect money, and what is the reverse impact. She was saying there was a fee associated with that. I could you tell you that. Ms. Karen Todd motioned that we vote no on the Chicken proposal otherwise titled as the Urban Agriculture Ordinance has been seconded by Mr. Larzs…and discussion. Ms. Jeffrey has to say something about this. What really affects me is that this, to me, feels so back doorish. The bottom line is when you talk about the people who didn’t want food trucks, that was a business decision, people already in business didn’t want competition. Competition is what builds this country and is a business ethic. Nobody is telling people that they cannot have chickens. They just can’t have them in the city. That’s there are zoning laws. This is a personal decision. I like to have the amenities that the city has. Rev. Hooper are we ready on the vote. Let the record show that Lynn Ward Gray has recused herself from the motion on the table. Rev. Hooper, all those in favor of sending a No Vote of the Urban Agriculture Ordinance, 8 no votes, opposed, 1, , the I’s have it. The motion is carried forward that we send our Commissioner to the City Council with a “No” vote on UA ordinance. Rev. Hooper a list going around to make name, address, phone number changes. 6) Old Business: Last meeting regarding returned address of envelope, Ms. Bettie asked to be remove from the sending of meeting note because the return address should not come from the Code Compliance Office—the department that oversees the NPCs. Mr. Sweet could you (Ward) check on that for us. The envelope issue. Rev. Hooper suggested sending electronic copies. 7) New Business: 8) Public Comments: Rep Bizon will be meeting April 28, 8:00 a.m. at Café Lux Chad Francisco—feels nice to get out in the community. Its no secret I am going through what I am going through. I went to funeral to Mr. Bowser and saw a lot of you. I wanted to come tonight to say he appreciates NPC2 support and encouragement. I am doing well and seeking health and treatment. Your support meant a lot. Barbara Travis---handing out her flyers again: open house---April 25, 4:30-6:30 at Parkway Manor on April 27 4:30 -6:30 at New Level Sports. Like to say to everyone to stop by. Mr. Larz Martin Bey…. the glass breaking not limited to one area; it’s becoming a fad. Coming down Jordan and angel street broken glass, broken glass. I grew up in Michigan and we never broke glass like this. This is a new fad. I don’t know what it is. Cargo Pop Ups—know this is a $200 fee a month to afford those. They will give you heat. Someone said that the brick and mortar stores start rent around $1200-1500 a month. So this is an opportunity. Mrs. Hooper said she came to see how things go at the NPC2. Glad to have her. Ms. Kitty report on the monuments. Went down to city to discuss the Sojourner Truth statute and that the city had no funding for cleaning of the Sojourner. We did plenty of work they said. Last year or this year. We waxed and cleaned it. Tom Gilbert left a message on my answering machine and I called him back and said thank you very much. To me, if they cleaned it and waxed it they did not do a good job. When they did clean it, it had green spots on it. So, whomever did it, did a shabby job. She still turning green and nobody has answers for me. Even went down to historical museum, then to art center, and then battle creek historical society and no one has any answers. I am just going to let it be. You have tourist and people coming around taking a picture of her and she’s looking all green. Why can’t she look back to her original self? Last meeting, I had a picture of the Police Station Statute and is all nice and shining. And then in the Shopper (April 4, 2018), they had a Sojourner Truth Luncheon and seems like they would be concerned about this. Lynn Ward Gray retorted quickly that, she is concerned, and everyone is concerned about the statute and that certainly the people at the Luncheon cares. It takes a certain type of trained person to clean a metal like that. So, you can only go so far. I will talk to the city mayor about this and I know the Community Foundation is looking at funding. We hope people will support a monument fund for our city. Nicholas Virgil. I like to say that NPC2 is on Facebook. Prentice Thompson clarified his attendance and health issue. And to clarify the letter of support for Chad Francisco. Then the council wanted to put the work on me. I need collaboration I said. Smiling. Ms. Jeffrey says, he who is without sin, let them cast the first stone. I just wanted to say this. Mr. Prentice asked about the recognition of certain mile achievements of members and leaders of the NPC2 because Ms. Jeffrey Dinkins has been a member of NPC2 for over 20 years and should be recognized as such. Rev. Hooper suggest that the Engagement committee look into this. I had a question for the chief regarding the police cleaning or shining the police statute. Chief Blocker says that you need to be train to clean although, both, use natural cleaning solution, so he’s not sure. Chief says main questions to ask because we have a lot of youth looking for jobs in this city. How do we do it and what materials do we need to clean. 9) Meeting adjourned by Rev. Hooper at 8:55 p.m. The next meeting will be May 14, 2018.