City Commission Agenda - 09.16.14

Agenda: Battle Creek City Commission
Meeting Date: September 16, 2014- 7:00 PM

Location: Commission Chambers City a!!
Chair: Da"i# $% &a!ters, Mayor
'it!e: Prepare# by Miche!!e (e#man
INVOCATION
PLEDGE OF ALLEGIANCE
PROCLAATION! A"ARD!
)ea*ti+*! )att!e Cree, $-ar#s
Proc!aiming Mon#ay, September 22, 2014, as ./in#ness
Day.%
C#AIR NOTE! ADDED OR DELETED RE!OL$TION!
P$BLIC COENT! REGARDING CON!ENT AGENDA
0Limite# to three min*tes per in#i"i#*a!1
COI!!ION COENT REGARDING EETING B$!INE!!
CON!ENT AGENDA
Minutes:
City Commission Min*tes +or (eg*!ar Commission Meeting
on September 2, 2014
Specia! City Commission Meeting Min*tes +or $*g*st 22,
2014
Specia! City Commission Meeting Min*tes +or $*g*st 26,
2014
Petitions, Communications, Reports:
City Manager (eport +or September 16, 2014
Resolutions:
234
$ (eso!*tion appro"ing the 4#-ar# )yrne Memoria! 5*stice
$ssistance 6rant n*mber 2014-D5-)7-0461 a*thori8ing the
City Manager to sign the a-ar# #oc*ment +or the amo*nt o+
932,236 +rom the :%S% Department o+ 5*stice, ;++ice o+
5*stice Programs%
233
$ (eso!*tion appointing ne- members to the <remont,
Mc/in!ey, =erona >eighborhoo# P!anning Co*nci! 0>PC
?41%
236
$ (eso!*tion appointing a member to the Specia!
$ssessment (e"ie- )oar#%
237
$ (eso!*tion recogni8ing )att!e Cree, Pri#e as a non-pro+it
!oca! ci"ic organi8ation in the comm*nity%
PETITION! CO$NICATION! REPORT!
RE!OL$TION!
23@
$ (eso!*tion a*thori8ing the Mayor to eAec*te an
emp!oyment agreement -ith (ebecca L% <!e*ry +or the
position o+ City Manager%
23B
$ (eso!*tion to mo"e the City Commission ;rgani8ationa!
Meeting +o!!o-e# by the (eg*!ar Meeting sche#*!e# +or
>o"ember 11, 2014, at 7:20 pm, to &e#nes#ay, >o"ember
3, 2014, at 7:20 pm%
260
$ (eso!*tion setting a C!ose# Session o+ the City
Commission on a !ega! matter%
GENERAL P$BLIC COENT
0Limite# to three min*tes per in#i"i#*a!1
COI!!ION COENT!
AD%O$RNENT
CLO!ED !E!!ION
Citi8ens -ho -ish to a##ress a speci+ic iss*e on the +!oor may #o so at any time a+ter being recogni8e# by
the Mayor or presi#ing Commission% $t the time +or p*b!ic comments, a+ter being proper!y recogni8e#,
citi8ens may a##ress the commission on any s*bCect% Citi8ens -i!! be s*bCect to the +o!!o-ing !imitations:
1% Citi8en comments on any (eso!*tion be+ore the Commission may be ma#e either be+ore or a+ter
the Commissioners ha"e ha# an opport*nity to #isc*ss the (eso!*tion, at the #iscretion o+ the
ChairD
2% Citi8ens -ishing to spea, to a partic*!ar (eso!*tion sho*!# raise their han#s an# -ait to be
recogni8e# be+ore spea,ingD
2% Citi8ens -i!! con+ine their remar,s to matters c*rrent!y pen#ing on the +!oor, an# be brie+ an#
concise in ma,ing their remar,sD
4% E+ a citi8en becomes repetiti"e or, in the opinion o+ the Chair, ta,es an inor#inate amo*nt o+ time in
ma,ing comments, that citi8en -i!! be r*!e# o*t o+ or#er an# the Commission -i!! contin*e -ith its
b*sinessD
3% Citi8ens sho*!# a##ress a!! remar,s to the Commission as a -ho!e, an# not to in#i"i#*a!
Commissioners%
'hese (*!es -i!! app!y to comments by citi8ens #*ring the P*b!ic Comment section o+ the $gen#a%
'he City o+ )att!e Cree, -i!! pro"i#e necessary, reasonab!e, a*Ai!iary ai#s an# ser"ices, s*ch as signers
+or the hearing impaire#, an# a*#iotapes o+ printe# materia!s being consi#ere# in the meeting, *pon se"en
#aysF notice to the City o+ )att!e Cree,% En#i"i#*a!s -ith #isabi!ities reG*iring a*Ai!iary ai#s or ser"ices,
sho*!# contact the City o+ )att!e Cree, by -riting or ca!!ing the +o!!o-ing:
=ictoria o*ser
;++ice o+ the City C!er,
Post ;++ice )oA 1717
)att!e Cree,, Michigan 4B016
26BHB66-224@ 0=oice1
26BHB66-224@ 0'DD1

General Detail
NO.
Beautiful Battle Creek Awards
BATTLE CREEK, MICHIGAN - 9/16/2014
Beautiful Battle Creek Awards for Sete!"er 2014

N#C $1 No!ination
None

N#C $2 No!ination
%t&el 'it(atri)k
1** +ordan St
,ard $ 2

N#C $- No!ination
.ark Stierle
-*- Sur"/ A0e
,ard $ 4

N#C $4 No!ination
+ustus 1 Beatt/ 222
34 4ale St
,ard $ -

N#C $* No!ination
Sta)e/ 5&o!as
30 6ello77 St
,ard $ 10

N#C $9 No!ination
None

N#C $10 No!ination
None

N#C $11 No!ination
None

Battle Creek Cit/ Co!!ission
9/16/2014
Action Summary
Staff Member: 5eresa 8. #oole
e!artment: Code Co!lian)e
S"MMAR#
Beautiful Battle Creek Awards
B"GETAR# C$NSIERATI$NS

HIST$R#, BACKGR$"N an% ISC"SSI$N

ISC"SSI$N $& THE ISS"E

'$SITI$NS
A55AC9.%N5S:
'ile Na!e Des)rition
155_Jordan_St.pdf 155 Jordan St
353_Surby_Ave.pdf 353 Surby Ave
74_Yale_St.pdf 74 Yale St
70_Kellogg_St.pdf 70 Kellogg St

General Detail
NO.
Proclaiming Monday, September 22, 2014, as "indness Day".
BATTLE CREEK, MICHIGAN - !"1#"2014

$attle %ree& %ity %ommission
!"1#"2014
Action Summary
Staff Member: Mic'elle (edman
e!artment: %ity Manager
S"MMAR#
Proclaiming Monday, September 22, 2014, as "indness Day".



'$SITI$NS
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.ile Name Description
Kindness_Day.doc Kindness Day Proclamation

WHEREAS, the citizens of the City of Battle Creek are some of the most kind and generous
people in the entire State of Michigan; and

WHEREAS, Kindness Day encourages, promotes, and inspires everyone to think outside
themselves to do good deeds for others without asking for anything in return
ecept for the recipients to pass kindness on to others; and

WHEREAS, far too many people get caught up in the rush of everyday life and lose sight of
what is important and !Kindness Day" is a great reminder of the positive energy
we radiate to others when we give to others; and

WHEREAS, the intent and purpose of !Kindness Day" is to promote community spirit through
random acts of kindness; and

WHEREAS, the good people of Battle Creek can make a difference #y creating positive
change in our community and world $ one good deed at a time;

NOW, THEREFORE, I, David %& 'alters, Mayor of the City of Battle Creek, Michigan, do
here#y proclaim Monday, September 22, 2014, as

KINDNESS DAY

in the (reater Battle Creek %rea and encourages everyone in the Battle Creek
community to )oin in this o#servance&

*+ '*,+-SS '.-/-01, * have hereunto set
my hand and caused the 0fficial 2ogo of the
City of Battle Creek, Michigan, to #e affied
this 34th day of Septem#er 5637&

888888888888888888888888888888888888
David %& 'alters, Mayor

General Detail
NO.
City Commission Minutes for Regular Commission Meeting on September 2, 2014
BATTLE CREEK, MICHIGAN - !1"!2014

#attle Cree$ City Commission
!1"!2014
Action Summary
Staff Member: Mi%&elle Re'man
e!artment: City Manager
S"MMAR#
City Commission Minutes for Regular Commission Meeting on September 2, 2014



'$SITI$NS
())(C*M+N)S,
-ile Name Des%ription
City_Commission_Minutes_for_Regular_Commission_Meeting_on_September_2__2014.pdf
City Commission Minutes for Regular
Commission Meeting on September 2, 2014

Agenda: Battle Creek City Commission
Meeting Date: September 2, 2014- 7:00 PM
Location: Commission Chambers City Ha
Chair: Da!i" #$ %aters, Mayor
&ite: Prepare" by Michee 'e"man
ATTENDANCE
Mayor Da!e %aters S(san )e"soe, *nterim City Manager
+ice Mayor Deb ,-ens Lin"a Morrison, *nterim #ssistant City Manager
Commissioner S(san )a"-in .i Steee, City #ttorney
Commissioner Mar/ )ehn/e
07:012
+ictoria Ho(ser, City Cer/
Commissioner .e33 Domenico .im )oc/er, Poice Chie3
Commissioner Lynn 4ray Chris Dopp, City 5ngineer
Commissioner #n"y Hembo"t
Chris L(ssier, Comm(nity De!eopment S(per!isor

Commissioner Dean 6e-some 7e!in Smith, 'ecreation ,perations S(perinten"ent
Commissioner Mi/e Sher8er
INVOCATION
PLEDGE OF ALLEGIANCE
&he Pe"ge o3 #egiance -as e" by De!on %ison, 9o(th #"!isory )oar" member$
PROCLAATION! A"ARD!
Procaiming Sat(r"ay, September 1:, 2014, as ;%a/ 3or L(p(s 6o- Day$;
Mayor %aters procaime" Sat(r"ay, September 1:, 2014 as ;%a/ 3or L(p(s 6o- Day$;

Dorothy Height accepte" the procamation 3or ;%a/ 3or L(p(s 6o- Day$; Ms$ Height than/e" e!eryone
3or their s(pport, noting this is their <th -a/, stating a the 3(n"s stay in the )atte Cree/ comm(nity$
Procaiming the -ee/ o3 September 1= - 11, 2014, as ;Comm(nity Coege %ee/;$
Mayor %aters procaime" the -ee/ o3 September 1= - 11, 2014 as ;Comm(nity Coege %ee/$;

Mr$ Dennis )ona, Presi"ent o3 7eogg Comm(nity Coege, accepte" the procamation an" in!ite"
e!eryone to 7CC>s ceebration e!ents$
C#AIR NOTE! ADDED OR DELETED RE!OL$TION!
&here -ere no a""e" or "eete" reso(tions$
P$BLIC COENT! REGARDING CON!ENT AGENDA
Da!i" Moore, 102 &ayor #!e, commente" on the reso(tions on the consent agen"a, e?pressing his
opinion these sho(" be !ote" on separatey$
0Limite" to three min(tes per in"i!i"(a2
COI!!ION COENT REGARDING EETING B$!INE!!
&here -ere no Commission comments$
CON!ENT AGENDA
Motion to #ppro!e
Mo!e" )y: S@S#6 )#LD%*6
S(pporte" )y: .5AA D,M56*C,

#yes: )#LD%*6, D,M56*C,, 4'#9, H5LM),LD&, 65%S,M5, ,%56S, SH5'B5',
%#L&5'S$

#bsent: )5H675$
M,&*,6 P#SS5D

Minutes:
City Commission Min(tes 3or %or/shop on #(g(st 11, 2014
City Commission Min(tes 3or 'eg(ar Commission Meeting on #(g(st 11, 2014
Petitions, Communications, Reports:
City Manager 'eport 3or September 2, 2014
Resolutions:
24<
# 'eso(tion appointing City Commissioner S(san )a"-in as the City o3 )atte
Cree/>s o33icia representati!e at the #nn(a )(siness Meeting o3 the Michigan
M(nicipa Leag(e$
Motion to #ppro!e
Mo!e" )y: S@S#6 )#LD%*6

#yes: )#LD%*6, D,M56*C,, 4'#9, %#L&5'S, H5LM),LD&, 65%S,M5, ,%56S,
SH5'B5'$

#bsent: )5H675$
M,&*,6 P#SS5D

241
# 'eso(tion a(thori8ing the City Manager to e?ec(te a Consent to Constr(ct
Si"e-a/ agreement -ith the Michigan Department o3 &ransportation 0MD,&2$
Motion to #ppro!e
Mo!e" )y: S@S#6 )#LD%*6

SH5'B5'$

#bsent: )5H675$
M,&*,6 P#SS5D

2=0
# 'eso(tion a(thori8ing change or"er C4 to the City>s 5nergy Ser!ices #greement
-ith #meresco, *nc$, in a not-to-e?cee" amo(nt o3 D4<,22=$00$
Motion to #ppro!e
Mo!e" )y: S@S#6 )#LD%*6

SH5'B5'$

#bsent: )5H675$
M,&*,6 P#SS5D

2=1
# 'eso(tion a(thori8ing the City Manager to e?ec(te State High-ay Maintenance
Contract 6o$ 2014-2072 -ith the Michigan Department o3 &ransportation to maintain
portions o3 the State tr(n/ine high-ay system -ithin greater )atte Cree/ 3or the
perio" o3 ,ctober 1, 2014 thro(gh September :0, 2011$
Motion to #ppro!e
Mo!e" )y: S@S#6 )#LD%*6

SH5'B5'$

#bsent: )5H675$
M,&*,6 P#SS5D

PETITION! CO$NICATION! REPORT!
&here -ere no petitions, comm(nications or reports$
P$BLIC #EARING
# P(bic Hearing 3or the p(rpose o3 hearing p(bic comments on the 201:-2014
Consoi"ate" #nn(a Per3ormance 5!a(ation 'eport 0C#P5'2$
Mayor %aters "ecare" the p(bic hearing open, as/ing i3 there -ere any p(bic comments$

Chris L(ssier, Comm(nity De!eopment S(per!isor, note" the Consoi"ate" #nn(a Per3ormance
5!a(ation 'eport is a!aiabe on the City>s -ebsite, stating a snapshot is aso a!aiabe on ine, or by
reE(est$

Hearing no p(bic comments, Mayor %aters cose" the p(bic hearing$
RE!OL$TION!
2=2
# 'eso(tion accepting the o-est responsi!e, responsibe bi" 3or portabe risers an"
#D# ramp at 7eogg #rena 3rom Staging Concepts, LLC, in a not-to-e?cee" amo(nt
o3 D1:1,=47$00$
Motion to #ppro!e
Mo!e" )y: S@S#6 )#LD%*6
S(pporte" )y: M#'7 )5H675

Da!i" Moore state" this -as a ot o3 money to p(t into the arena, stating he "i" not agree -ith a o3 the
costs, b(t "i" agree the mo"i3ications to ma/e the arena more accessibe -ere important$

#yes: )#LD%*6, )5H675, D,M56*C,, 4'#9, H5LM),LD&, 65%S,M5, ,%56S, SH5'B5',
%#L&5'S$

M,&*,6 P#SS5D

2=:
# 'eso(tion accepting the o-est responsi!e, responsibe bi" 3or the Aesti!a Mar/et
SE(are proFect 3rom Ho33man )ros$, *nc$, in a not-to-e?cee" amo(nt o3 D1,1<1,:41$00$
Motion to #ppro!e
Mo!e" )y: S@S#6 )#LD%*6
S(pporte" )y: M#'7 )5H675

.ohn Compton, 111 S(mmer St, !oice" his obFection to the n(mero(s "o-nto-n proFects a-ar"e" to
Ho33man )rothers, stating the 3(n"s -o(" be better spent on the Poice Department to hire more o33icers$

Da!i" Sarachic/, 201 %inter St$, state" he 3et too m(ch money -as being spent on the "o-nto-n area
that sho(" be spent thro(gho(t the comm(nity, stating there are "i33ic(ties in his neighborhoo" that
nee"e" to be a""resse"$ Mr$ Sarachic/ aso commente" on a o3 the renta properties thro(gho(t the city,
stating the City sho(" be heping the ta?payers an" homeo-ners in the comm(nity$ Mr$ Sarachic/
commente" on the 3aing property !a(es -hich -ere a33ecting his neighborhoo"$

Da!i" Moore e?presse" his agreement -ith the prior spea/ers, stating he 3ees there is too m(ch money
being spent in the "o-nto-n area$ Mr$ Moore state" he enFoys the Aarmer>s Mar/et "o-nto-n, b(t 3et
other neighborhoo"s sho(" recei!e nee"e" 3(n"ing$

&om Carr, G2 1H2 Sherman 'oa", state" he -o(" i/e to see other neighborhoo"s recei!e impro!ements,
stating he i/es i!ing in the City$

Comm$ Domenico state" he ta/e" to many peope at the Missie De3ense p(bic hearing, noting one
person compimente" )atte Cree/>s "o-nto-n, reE(esting the City contin(e enhancing the "o-nto-n
area$ Comm$ Domenico aso state" that i3 the Poice Department -ere to as/ 3or a""itiona 3(n"ing to a""
a""itiona programs, the City -o(" oo/ 3or 3(n"ing so(rces, stating a sectors o3 the comm(nity nee"e"
3(n"ing$ Comm$ Domenico e?presse" his appreciation to Mr$ L(ssier an" 7ar Dehn 3or the -or/ they "o
that contrib(tes to the impro!ements in o(r "o-nto-n$

Comm$ Sher8er as/e" the *nterim City Manager to "isc(ss the 3(n"ing 3or the proFect$

S(san )e"soe, *nterim City Manager, remin"e" e!eryone that the Do-nto-n &rans3ormation -as 3(n"e"
-ith pri!ate "oars, noting the c(rrent proFect is being 3(n"e" -ith the remaining grant 3(n"s$ Ms$
)e"soe state" this -as one o3 the ast maFor proFects (sing those pri!ate "oars 3rom the Do-nto-n
&rans3ormation, stating some p(bic "oars are being (se" 3or the canopies, noting they -o(" be (sing
e?tra bon" 3(n"s 3rom proFects that ha" o-er bi"s$ Ms$ )e"soe note" this contract -as not ta/ing 3(n"s
a-ay 3rom any other "ept, the 3(n"s -ere origina to the "o-nto-n trans3ormation$

Comm$ Hembo"t agree" -ith Comm Domenico, stating the City is responsibe 3or maintaining the
-hoe to-n$ Comm$ Hembo"t 3(rther compare" costs 3or the Do-nto-n &rans3ormation, noting the city
spen"s D1$1 miion 3e"era grant "oars ann(ay in the neighborhoo"s, noting aso the recent
6eighborhoo" Stabii8ation Program that pro!i"e" D<$4 Miion "irecty into neighborhoo"s$ Comm$
Hembo"t state" he (n"erstan"s resi"ents> concerns, noting 3(n"s ha!e been spent in the neighborhoo"s$

#yes: )#LD%*6, )5H675, D,M56*C,, 4'#9, H5LM),LD&, 65%S,M5, ,%56S, SH5'B5',
%#L&5'S$

M,&*,6 P#SS5D

GENERAL P$BLIC COENT
.ohn Compton state" he 3et Mayor %aters (se" the o(t o3 or"er comment too o3ten$ Mr$ Compton as/e"
i3 the 5thics Committee ha" impose" any sanctions against a Commissioner -ho -as aege" to ha!e
!ioate" the ethics poicy$ Mr$ Compton aso E(estione" i3 the City #ttorney ha" ma"e any progress on
the or"inance amen"ment regar"ing the po-ing o3 neighborhoo" si"e-a/s an" "ri!e-ays$ Mr$
Compton aso recommen"e" the City create an or"inance to penai8e an"or"s 3or repeate" poice cas to
their renta properties$

Da!i" Sarachic/ state" he is not anti-"o-nto-n, stating he is as/ing 3or hep in the neighborhoo"s, as/ing
the Commission to enact an or"inance to ao- the Poice Department to hep resi"ents -ith neighborhoo"
iss(es$ Mr$ Sarachic/ e?presse" his opinion that se!era Poice ,33icers -ere not in goo" physica heath,
stating this poses a sa3ety iss(e 3or both the comm(nity an" their co-or/ers$ Mr$ Sarachic/ state" the
Poice ,33icers sho(" be reE(ire" to pass a physica e?am e!ery t-o years as is reE(ire" o3 Aire Aighters$

Da!i" Moore ta/e" abo(t reports in the ne-s o3 the oss o3 Fobs "(e to 2 casinos cosing, e?pressing his
"isappointment -ith ta? brea/s to big b(siness, as/ing the City to s(pport -or/ing mi""e
cass resi"ents$

0Limite" to three min(tes per in"i!i"(a2
COI!!ION COENT!
Comm$ Sher8er state" that as a Commissioner he -ante" to a""ress se!era iss(es in the neighborhoo"s$
Comm$ Sher8er ca(tione" e!eryone that i3 the strategy to 3i? the neighborhoo"s -as ony city money, it
-o(" 3ai, stating a comprehensi!e approach -as nee"e", in!o!ing e!eryone, inc("ing resi"ents,
b(siness an" oca go!ernment$ Comm$ Sher8er state" they nee"e" to oo/ at the an"or" an" co"e
compiance iss(es, stating he -o(" be gi!ing these iss(es more attention$

+ice Mayor ,-ens reE(este" the City #ttorney "isc(ss the amen"ments to the 5thics Poicy an" the
or"inance a""ressing the sno- po-ing iss(e$

.i Steee, City #ttorney, state" she emaie" the propose" amen"ments to the 5thics Poicy to the
committee members the prior -ee/, stating she -as -aiting 3or 3ee"bac/ 3rom the committee prior to
3inai8ing the poicy$ 'egar"ing the amen"ment to the sno- po-ing or"inance, Ms$ Steee state" there
-ere a 3e- more re!isions that nee"e" to be ma"e, so as not to ca(se any con3(sion -hen o33icers are
en3orcing the or"inance, stating pro!isions 3or state a- ha!e aso been a consi"eration$ Ms$ Steee note"
t-o meetings -o(" be reE(ire" 3or appro!a o3 the or"inance amen"ment, stating her goa -as to ha!e it
to the Commission to re!ie- the 3oo-ing -ee/, th(s pro!i"ing s(33icient time to ha!e the amen"ment
a"opte" prior to sno- po-ing season$

+ice Mayor ,-ens presente" a coc/ she recei!e" 3rom the &a/asa/i "eegation on beha3 o3 the City,
reE(esting the gi3t be "ispaye" in the Mayor>s o33ice or in the "ispay case in the City Ha obby -ith the
origina Sister City agreement$

AD%O$RNENT
Mayor %aters a"Fo(rne" the meeting at 7:4= pm$
Citi8ens -ho -ish to a""ress a speci3ic iss(e on the 3oor may "o so at any time a3ter being recogni8e" by
the Mayor or presi"ing Commission$ #t the time 3or p(bic comments, a3ter being propery recogni8e",
citi8ens may a""ress the commission on any s(bFect$ Citi8ens -i be s(bFect to the 3oo-ing imitations:
1$ Citi8en comments on any 'eso(tion be3ore the Commission may be ma"e either be3ore or a3ter
the Commissioners ha!e ha" an opport(nity to "isc(ss the 'eso(tion, at the "iscretion o3 the
ChairI
2$ Citi8ens -ishing to spea/ to a partic(ar 'eso(tion sho(" raise their han"s an" -ait to be
recogni8e" be3ore spea/ingI
:$ Citi8ens -i con3ine their remar/s to matters c(rrenty pen"ing on the 3oor, an" be brie3 an"
concise in ma/ing their remar/sI
4$ *3 a citi8en becomes repetiti!e or, in the opinion o3 the Chair, ta/es an inor"inate amo(nt o3 time in
ma/ing comments, that citi8en -i be r(e" o(t o3 or"er an" the Commission -i contin(e -ith its
b(sinessI
=$ Citi8ens sho(" a""ress a remar/s to the Commission as a -hoe, an" not to in"i!i"(a
Commissioners$
&hese '(es -i appy to comments by citi8ens "(ring the P(bic Comment section o3 the #gen"a$
&he City o3 )atte Cree/ -i pro!i"e necessary, reasonabe, a(?iiary ai"s an" ser!ices, s(ch as signers
3or the hearing impaire", an" a("iotapes o3 printe" materias being consi"ere" in the meeting, (pon se!en
"ays> notice to the City o3 )atte Cree/$ *n"i!i"(as -ith "isabiities reE(iring a(?iiary ai"s or ser!ices,
sho(" contact the City o3 )atte Cree/ by -riting or caing the 3oo-ing:
+ictoria Ho(ser
,33ice o3 the City Cer/
Post ,33ice )o? 1717
)atte Cree/, Michigan 4101G
2G1H1GG-::4< 0+oice2
2G1H1GG-::4< 0&DD2

General Detail
NO.
Special City Commission Meeting Minutes for August 23, 201
BATTLE CREEK, MICHIGAN - !"1#"201

$attle Cree% City Commission
!"1#"201
Action Summary
Staff Member: Mic&elle 'e(man
S"MMAR#



'$SITI$NS
A))AC*M+N)S,
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Special_City_Commission_Meeting_Minutes_for_August_23__2014.pdf Special City Commission Meeting Minutes for August 23, 2014

Agenda: Battle Creek City Commission Special Meeting
Meeting Date: August 23, 2014- 8:00 AM
Location: Commission Chambers City Ha
Chair: Da!i" A# $aters, Mayor
%ite: &re'are" by Michee (e"man
ATTENDANCE
Mayor Da!e $aters Lin"a Morrison, )nterim Assistant City Manager
*ice Mayor Deb +,ens -i .teee, City Attorney
Commissioner .usan /a",in *ictoria Houser, City Cer0
Commissioner -e11 Domenico &au 2nges, Human (esource Director
Commissioner Lynn 3ray Chris Do'', City 2ngineer
Commissioner An"y Hembo"t
Commissioner Dean 4e,some
Commissioner Mi0e .her5er
Absent:
Commissioner Mar0 /ehn0e
INVOCATION
PED!E O" AE!IANCE
%he &e"ge o1 Aegiance ,as e" by Comm# Hembo"t#
APP#OVA O" A!ENDA

Motion to to A''ro!e as Amen"e"
Mo!e" /y: .6.A4 /ALD$)4
.u''orte" /y: -277 D+M24)C+

A motion to a''ro!e the agen"a, ,ith the a""ition o1 a cose" session,
imme"iatey 1oo,ing the a''ro!a o1 the agen"a#

Ayes: /ALD$)4, D+M24)C+, 3(A8, $AL%2(., H2LM/+LD%,
42$.+M2, +$24., .H2(92(#

Absent: /2H4:2#
M+%)+4 &A..2D
COSED SESSION
Motion to A''ro!e
Mo!e" /y: .6.A4 /ALD$)4
.u''orte" /y: -277 D+M24)C+

A motion ,as ma"e by Comm# /a",in, su''orte" by Comm# Domenico,
to meet in cose" session, 'ursuant to .ection 81 o1 the +'en Meetings
Act to re!ie, an" consi"er the contents o1 the can"i"ates; a''ication
materias, as a can"i"ates ha!e re<ueste" con1i"entiaity, an" that &au
2nges be a''ointe" as "esignate" secretary to recor" an" 're'are
a''ro'riate minutes o1 the Cose" .ession#

Comm# Hembo"t con1irme" the cose session ,ou" be to ony re!ie,
materias an" that it ,as not e='ecte" to ta0e a ot o1 time#

Commission Cose" .ession began at 8:0> am#

Commission Cose" .ession ?:04 am#

Ayes: /ALD$)4, D+M24)C+, 3(A8, H2LM/+LD%, 42$.+M2,
+$24., .H2(92(, $AL%2(.#

Absent: /2H4:2#
M+%)+4 &A..2D
C$AI# NOTES ADDED O# DEETED #ESO%TIONS

%here ,ere no a""e" or "eete" resoutions#
PETITIONS COMM%NICATIONS AND #EPO#TS

%here ,ere no 'etitions, communications or re'orts#
!ENE#A P%BIC COMMENT
&imited to T'ree Min(tes per Indi)id(al*

Da!i" Moore, 102 %ayor A!e#, state" he ,as con1use" ,ith the nee" 1or a
cose" session, aso e='ressing "isa''ointment ,ith the ac0 o1 au"ience
turnout#
COMMISSION COMMENTS

Mayor $aters in1orme" e!eryone o1 the Missie De1ense &ubic Hearing
sche"ue" 1or %ues"ay, August 2@, 2014, stating an a""itiona 'ubic
hearing ,as sche"ue" 1or %hurs"ay, August 28, 2014 at .herman La0e
8MCA 1or anyone not abe to atten" the %ues"ay meeting#
DISC%SSION AND APP#OVA O" CIT+ MANA!E#
SEECTION P#OCESS

Motion to A''ro!e
Mo!e" /y: .6.A4 /ALD$)4
.u''orte" /y: -277 D+M24)C+

Comm# /a",in "iscusse" the 'rocess o1 the City Manager can"i"ate
seection, noting the can"i"ates ,ou" be inter!ie,e" in a ran"omy
seecte" or"er# Comm# /a",in re<ueste" the Commission "iscuss the
'rocess to narro, the can"i"ates to the 1inaists#

Comm# Domenico recommen"e" the 1ina can"i"ates be the to' 2 !ote
reci'ients, or the re<uirement o1 a minimum number o1 !otes to be abe to
'ass to the secon" roun" o1 inter!ie,s# Comm# Domenico re<ueste" the
1irst !ote occur at to"ay;s meeting, ao,ing a !ote 1or the can"i"ate
1inaists to occur at a s'ecia meeting on %ues"ay, August 2@, 2014#

Comm# 4e,some note" that i1 there ,ere an o!er,heming maAority !ote
1or one can"i"ate at to"ay;s meeting, there may be no nee" 1or a secon"
!ote at a subse<uent meeting#

Comm# Hembo"t e='resse" his agreement, stating a 'rocess ,ou" nee"
to be set in 'ace 1or !oting 1or the can"i"ate 1inaists#

-i .teee, City Attorney, suggeste" the Commission go through the
inter!ie,s 1irst, stating this may he' to "irect them on the 'rocess ater#
Ms# .teee aso recommen"e" a motion that any "ecision ma"e ,ou"
nee" a !ote o1 at east B Commissioners, ,hie Comm# Domenico ,as sti
in atten"ance#

A motion ,as ma"e by Comm# /a",in, su''orte" by Comm# Domenico,
to re<uire any "ecision, ,hether on a 1ina can"i"ate, or the narro,ing o1
the can"i"ates to mo!e 1or,ar", re<uire at east B !otes o1 the
Commission 1or a''ro!a#

Mayor $aters cari1ie" that i1 at the en" o1 the "ay, there is agreement
among the Commissioners, the can"i"ate may be chosen this "ay#

42$.+M2, +$24., .H2(92(#

Absent: /2H4:2#
M+%)+4 &A..2D
CIT+ MANA!E# CANDIDATE INTE#VIE,S
-. Step'en #asm(ssen
/. 0ames Sla(g'ter
1. S(san Bedsole
2. #e3ecca "le(ry

Dr# 4oenberger "iscusse" the Commission bin"ers ,hich incu"e" the
inter!ie, <uestions, recommen"ing the Mayor as0 <uestions C1, C11 D
C12# Dr# 4oenberger re<ueste" the members o1 the City Manager .earch
Committee as0 <uestions C? D C10, ,ith each Commissioner as0ing the
remaining eight <uestions aternati!ey# Dr# 4oenberger note" the
Commission cou" as0 1oo,-u' <uestions to cari1y the
can"i"ates; res'onses to any <uestions# Dr# 4oenberger aso note" the
Commission cou" not as0 <uestions reate" to the can"i"ates; age, race,
reigion, ethnicity, marita status, gen"er, se=ua orientation, or "isabiity
status, or other items that are 1e"eray 'rotecte"# Dr# 4oenberger
recommen"e" the Commissioners use the e!auation 1orms at the bac0 o1
each can"i"ate section 1or their 'ersona recor"s#

Comm# Domenico state" he create" some a""itiona <uestions, as0ing i1
he cou" as0 the <uestions i1 time ao,e"#

&au 2nges, Human (esource Director, note" each can"i"ate inter!ie,
,as imite" to one hour, stating a""itiona <uestions cou" be as0e" i1
time 'ermitte", recommen"ing any <uestion as0e" o1 one can"i"ate, be
as0e" o1 e!ery can"i"ate#

Ms# .teee note" Mr# 2nges "e!eo'e" the <uestions, recommen"ing the
Commission "e1er to Mr# 2nges e='ertise 1or a""itiona assistance#

%he City Commission inter!ie,e" can"i"ates 1or the City Manager
'osition an" as0e" each can"i"ate the 1oo,ing <uestions:

1# $ecomeEEEEEEEEEEEEEEEEEE# Mr#FMs#EEEEEEEEEEEEEEEEEEE,e
ha!e your bac0groun" materias in 1ront o1 us, but ,ou" you 'ease begin
by brie1y re!ie,ing your 'ro1essiona career 'ath an" career goasG )n
your summary, 'ease eaborate on the circumstances an" reasons 1or
ea!ing o" 'ositions an" acce'ting ne, ones#

a# $hy is the City o1 /atte Cree0Hs City Manager 'osition o1 interest to you at this 'oint in your
careerG $hat <uaities or chaenges s'eci1icay attract you to /atte Cree0G

b# Ha!e your em'oyment circumstances change" since you a''ie"
1or our 'ositionG )1 so, 'ease e='ain#

c# Are you a can"i"ate in any other seection 'rocesses at this timeG

2# $hat ha!e you "one to earn more about our community in consi"ering our City Manager
'ositionG

a# 8ou ha!e ha" an o''ortunity to re!ie, bac0groun" materias on the City an" tour the community#
$hat are your can"i" obser!ations about /atte Cree0G

3# )n your estimation, is this o''ortunity a goo" 'ro1essiona ImatchJ 1or your strengths an"
interestsG )n your o,n Au"gment, ho, "o you 1ee you 1it the (ecruitment &ro1ie 1or /atte Cree0Hs
City Manager 'ositionG

a# $hat s0is an" s'ecia e='ertise "o you 1ee you ha!e to o11er our uni<ue communityG Are there
any areas "iscusse" in the 'ro1ie ,hich you ha!e not ha" e='osure to, or, are there any munici'a
o'erations or issues here you ha!e not ha" e='erience ,ith or 1ee com1ortabe ,ithG

b# Are you com1ortabe ser!ing as City Manager in a community that ta0es an interest an" acti!e roe
in 'oicy "iscussions an" commission "eiberationsG Ho, ,ou" your stye 1it ,ithin this
en!ironment o1 'artici'ation an" interestG

4# $e in /atte Cree0, i0e many cities, are 1acing e=tremey chaenging
times# $hat are your s0is in 1inancia management an"
'rioriti5ationK#,hat 'rocess "o you 1oo, in "e!eo'ing the annua
bu"getK##,hat is your current communityHs 1inancia situationG

a# $hat roe "o you 're1er to see the City Commission ta0e in bu"get "e!eo'ment, re!ie,, an" 1ina
a"o'tionG &ease gi!e us some e=am'es#

b# Ha!e you manage" in both Igoo"J as ,e as ItoughJ 1inancia timesG
3i!e us an e=am'e o1 each i1 'ossibe# &ease 'ro!i"e some insights into
ho, your ea"ershi' has been a"Auste" accor"ing to the circumstances#

c# $hat are your s0is in ong-range 1inancia 'anningF1inancia 1orecastingG $hat toos "o you useG

"# $hat is the bon" rating 1or your current CityG Has that change" in the
'ast cou'e o1 yearsG )1 so, cou" you eaborate on ,hy the change too0
'aceG

B# %e us about recent accom'ishments you are 'rou" o1 an" the roe you
'aye" in them coming aboutG

@# Ho, ,ou" you "escribe your management an" ea"ershi' styeG Does
it !ary ,ith "i11erent 'eo'e or circumstancesG $hat ,as your toughest
management 'robem or situationG

># $hat s0is an" abiities "o you ha!e in consensus bui"ing, strategic 'anning, economic
"e!eo'ment an" community !isioningG Do you 1ee com1ortabe in 1aciitating "iaogue, "iscussions
an" in'ut in an e11ort to 1in" consensusG

8# $hat "o you consi"er as your strongest abiities as a ManagerG $hat
s0is are you see0ing im'ro!ement inG

?# $hat is your 'hioso'hy an" a''roach to,ar" community "i!ersity Leconomic, ethnic, raciaMG
Ho, can ,e embrace an" bui" on our "i!ersity here in /atte Cree0G

a# &ease gi!e e=am'es o1 a''roaches you ha!e 1oo,e" in the 'ast an"
their resuts#

10# )1 ,e ,ere to contact your 'ast an" 'resent em'oyers, em'oyees, an" communities, ,hat
,ou" ,e hearG Ho, ,ou" they "escribe you as a City Manager an" as a community 1igureG

11# )1 you ,ere o11ere" the 'osition ,hen ,ou" you be a!aiabe to
assume the "uties o1 City ManagerG

12# $eH!e as0e" you <uestions 1or a goo" time no,N ,hat <uestions "o
you ha!e o1 usG $hat matters nee" 1urther "iscussionG Please be candid.
Motion to A''ro!e
Mo!e" /y: .6.A4 /ALD$)4
.u''orte" /y: -277 D+M24)C+
42$.+M2, +$24., .H2(92(#

Absent: /2H4:2#
M+%)+4 &A..2D
%NC$ #ECESS

Motion to to A''ro!e
Mo!e" /y: L844 3(A8
.u''orte" /y: -277 D+M24)C+

Comm# Domenico re<ueste" the Commission ha!e a ,or0ing unch so
that the meeting cou" continue to 'rogress#

Ms# .teee note" the De'artment Hea"s ,ou" nee" a itte time to
com'ete their re'ort#

Comm# /a",in recommen"e" the Commission re!ie, the sur!eys 1rom
the 'rior e!enings Meet D 3reet session ,hie the De'artment Hea"s
com'ete their re'ort#

%he .'ecia Meeting recesse" at 1:42 'm#

42$.+M2, +$24., .H2(92(#

Absent: /2H4:2#
M+%)+4 &A..2D
#ET%#N "#OM #ECESS

%he .'ecia Meeting resume" at 2:18 'm#
"EEDBAC4 "#OM CIT+ DEPA#TMENT $EADS TO CIT+
COMMISSION ON CANDIDATES

Chris Do'', City 2ngineer, 'ro!i"e" a re'ort to the City Commission
summari5ing sta11;s inter!ie, an" re!ie, o1 each City Manager can"i"ate#
Mr# Do'' than0e" the Commission 1or the 'rocess use" 1or the City
Manager search, stating it ,as an honor to be a 'art o1 the 'rocess# Mr#
Do'' ac0no,e"ge" the Commission;s commitment to the 'rocess, stating
se!era big initiati!es come 1rom the reationshi's bet,een .enior .ta11
an" the City Manager#

Mr# Do'' 1irst "iscusse" the state o1 the City organi5ation, stating the
organi5ation has mo!e" 1or,ar" in a 'ositi!e "irection the ast @ months,
1or both sta11 an" the community# Mr# Do'' state" that a1ter a 1e,
troubesome years, trust is being restore", noting 'ositi!e changes "ue to
the ne, ea"ershi' Ms# /e"soe has "emonstrate", stating she has sho,n
res'onsibiity an" a ,iingness to ma0e har" "ecisions, ao,ing the
organi5ation to mo!e 1or,ar" ,ith the mission to 'ro!i"e high <uaity
ser!ices to the resi"ents o1 /atte Cree0# Mr# Do'' aso state" Ms#
/e"soe has initiate" rene,e" coo'eration, communication,
res'onsi!eness, enthusiasm, trans'arency an" courage# Mr# Do'' state"
Ms# /e"soe;s ea"ershi' has "emonstrate" a commitment to the
organi5ation an" the community#

Mr# Do'' state" he 1et it ,as a''ro'riate that .enior sta11 ,as as0e" to
meet the can"i"ates, to "iscuss ,ith them their em'oyment history an"
bac0groun", aong ,ith their 0ey s0is# Mr# Do'' state" .enior .ta11
consi"ere" each can"i"ate;s communication s0is, their 1inancia
un"erstan"ing, their ea"ershi' stye, 1ocusing on the nee" 1or trust
bet,een eecte" o11icias, resi"ents an" em'oyees at a e!es# Mr# Do''
state" sta11 aso consi"ere" their abiity to un"erstan" an" han"e the
many res'onsibiities in an organi5ation the si5e o1 /atte Cree0#

(egar"ing Ms# /e"soe, Mr# Do'' note" her 'rogressi!e 'romotions an"
onge!ity in muti'e senior e!e 'ositions, stating she has "emonstrate" a
'ro!en ca'abiity to e11ecti!ey ea" sta11, stating she has consi"erabe
trust an" res'ect among 'eers an" the community# Mr# Do'' aso state"
Ms# /e"soe ho"s high 'er1ormance stan"ar"s, not Aust o1 herse1, but 1or
a o1 the sta11# Mr# Do'' state" Ms# /e"soe has a great "e'th o1
character, stating she un"erstan"s the big 'icture an" has in"e'th
institutiona 0no,e"ge o1 the organi5ation, ao,ing 1or 1uture 'anning
o1 the City#

(egar"ing Mr# .aughter, Mr# Do'' ac0no,e"ge" his e='erience ,ith
'anning, but e='resse" concern ,ith his imite" e='osure as an )nterim
City Manager in a smaer community# Mr# Do'' aso e='resse" concern
Mr# .aughter "i" not incu"e his economic "e!eo'ment 'osition ,ith the
city o1 &ea0s0i on his a''ication# Mr# Do'' state" sta11 ,as concerne"
,ith Mr# .aughter;s ac0 o1 e='erience in many munici'a "e'artments,
incu"ing transit, air'orts, 'ar0s an" recreation, e='ressing concerns aso
,ith his em'oyment onge!ity at any one organi5ation#

Mr# Do'' note" Mr# (asmussen;s han"s o11 management stye, his strong
miitary bac0groun", an" his recognition that sharing in1ormation among
Commissioners an" "e'artment hea"s is acce'tabe ,ith imitations# Mr#
Do'' e='resse" his concern Mr# (asmussen may !ie, this as a short time
career as e!i"ence" by his 3 year 'an# Mr# Do'' state" sta11 aso ha"
concerns ,ith Mr# (asmussen short tenure as )nterim City Manager 1or
-e11erson City, an" his ac0 o1 munici'a em'oyment in the ast se!era
years, stating he 'roAects the im'ression o1 a 1igure hea", rather than a
,or0ing manager# Mr# Do'' aso state" sta11 ,as concerne" ,ith Mr#
(asmussen;s comment about current resi"ency as ta= a!oi"ance, stating
he "emonstrate" a negati!e attitu"e about 'robems in /atte Cree0#

(egar"ing Ms# 7eury, Mr# Do'' e='resse" concern she may strugge
,ith a arger city, noting she currenty manages a sma community ,ith
ony 18 em'oyees, e='ressing concern she may strugge ,ith a
community as arge as /atte Cree0 ,ith o!er B00 em'oyees# Mr# Do''
"i" commen" Ms# 7eury;s roe in ea"ing Mi""e!ie out o1 a bu"get
"e1icit 'osition, stating she 'roAects a 'ositi!e attitu"e an" o'timism,
"is'aying a 'ro1essiona "emeanor# Mr# Do'' aso e='resse" concern
Ms# 7eury ha" imite" or no e='erience ,ith many city "e'artments,
incu"ing transit, the air'ort, go1 'ar0 an" 'ar0s an" recreation# Mr#
Do'' note" Ms# 7eury "escribe" her 'osition in :aama5oo as a mi"-
e!e iaison bet,een &oice an" City Ha# Mr# Do'' aso note" sta11;s
concern that Ms# 7eury ha" not chosen to i!e in Mi""e!ie "uring the
three years she manage" the !iage#

Comm# Hembo"t as0e" Mr# Do'' to eaborate the sta11;s concern ,ith
the "i11ering si5es o1 the communities the can"i"ates ha!e manage"#

Mr# Do'' 'ro!i"e" an e=am'e, stating a ty'ica roa" 'roAect in /atte
Cree0 co!ers @ or more 'ages, stating that athough the bu"get may
contain another 5ero, there is actuay more resi"ent contact in the 'roAects
com'ete" by a arge city, noting the com'e=ities o1 many city 'roAects#

Comm# Domenico <uestione" Mr# Do'';s concern ,ith Ms# 7eury;s
abiity to han"e a arger community, then to 'rocee" ,ith numerous
com'iments regar"ing other e='erience#

Mr# Do'' state" Ms# 7eury has ha" !ery imite" areas o1 res'onsibiity in
her 'ast e='erience, <uestioning her abiity to transition 1rom 18
em'oyees to B00 em'oyees, an" the time commitment that ,ou" be
nee"e"#

Comm# .her5er as0e" ,hat roe a City Manager 'ays in the "esign an"
im'ementation o1 a roa" 'roAect#

Mr# Do'' note" that athough a City Manager ,ou" not 'ay a arge roe
in the "esign an" im'ementation o1 a roa" 'roAect, but "ue to 'robems
an" resi"ent concerns, a City Manager may nee" to be more in!o!e",
noting that ,ith more 'rograms, more 0no,e"ge, e='erience an" time is
nee"e"#

Comm# 4e,some note" a City Manager;s roe in any 'roAect is not to be a
technica e='ert, but to be an integrator an" communicator#

Mayor $aters as0e" i1 .enior .ta11 "iscusse" as a grou' a ran0ing o1
each can"i"ate#

Mr# Do'' state" they "i" not ran0 the can"i"ates, stating they sim'y
note" concerns an" attributes 1or each can"i"ate#

Comm# /a",in than0e" Mr# Do'' 1or his re'ort, stating they ha!e
'ro!i"e" a 'ers'ecti!e the Commissioners may not ha!e ha" other,ise#

Comm# 3ray as0e" Mr# Do'' to eaborate on sta11;s re'ort regar"ing
communication s0is, ,ith sta11, eecte" o11icias an" resi"ents#

Mr# Do'' "iscusse" his 1irst e='erience ,ith citi5en engagement, stating
this o1ten eiminates sur'rises on arge 'roAects, stating it aso he's to set
e='ectations 1or sta11 an" resi"ents# Mr# Do'' state" he ,ante" to ma0e
sure the ne, City Manager ,as com1ortabe engaging an" reating to
resi"ents#
#EPO#T ON "EEDBAC4 "#OM COMM%NIT+ MEET AND
!#EET

-essica *an"er0o0, Communications .'eciaist, state" the Meet D 3reet
the 'rior e!ening ,as !ery success1u, ,ith 80 - 100 atten"ees, noting
there ,ere many goo" con!ersations, stating the session ,ent 'ast the
8:00 sche"ue" time# Ms# *an"er0o0 note" B1 sur!eys ,ere com'ete"#
P%BIC COMMENTS #E!A#DIN! CONSENT A!ENDA
LLimite" to three minutes 'er in"i!i"uaM
D2L)/2(A%)+4 A4D .2L2C%)+4 +7 C)%8
MA4A32( CA4D)DA%2

Mayor $aters recommen"e" the to'ic be o'en 1or "iscussion#

Comm# 4e,some as0e" Dr# 4oenberger i1 Ms# 7eury ,as a runner u'
in the :aama5oo City Manager .earch, noting :aama5oo is a arger city
than /atte Cree0#

Dr# 4oenberger con1irme" Ms# 7eury ,as one o1 the 1ina can"i"ates,
stating he ,as not sure i1 she ,as a runner u'#

Comm# .her5er as0e" the Commission to consi"er ,hether the City ha"
the best can"i"ates, as0ing i1 there may be another o'tion to oo0 at other
can"i"ates#

Comm# /a",in e='resse" her thoughts on each can"i"ate, noting Mr#
(asmussen ha" e='erience ,ith cities o1 simiar si5e, e='ressing a
concern he has not ,or0e" ,ith city go!ernment 1or 3 years# Comm#
/a",in than0e" Mr# (asmussen 1or his miitary ser!ice, but e='resse"
concern his resume note" a "egree in ci!i engineering but the uni!ersity
state" it ,as ony genera stu"ies# (egar"ing Mr# .aughter, Comm#
/a",in e='resse" concerns ,ith his imite" e='erience an" the
"iscre'ancies on his resume reate" to &ea0s0i# Comm# /a",in aso
e='resse" concern ,ith his numerous em'oyment 'ositions an" a ac0 o1
go!ernment e='erience# As to Ms# /e"soe, Comm# /a",in state" she
has "emonstrate" a commitment to the community, noting her tenure an"
har" ,or0 at the City# As to Ms# 7eury, Comm# /a",in state" she
a''reciate" her s'eci1ic ans,ers to their <uestions# Comm# /a",in aso
e='resse" concerns that Ms# 7eury ,as coming 1rom a !ery sma
community, noting ho,e!er her e='erience as 7inance Manager o1
:aama5oo;s &ubic .a1ety De'artment#

Comm# 4e,some state" Mr# (asmussen ,as !ery can"i" about his !ie,
o1 /atte Cree0, e='ressing concern in his ga' in e='erience an"
<uestioning the error on his resume# (egar"ing Mr# .aughter, Comm#
4e,some note" the im'ortance o1 economic "e!eo'ment 1or our city,
stating he "i" not get a strong 1ee 1or Mr# .aughter;s e='erience# Comm#
4e,some state" Ms# /e"soe has "one !ery, !ery ,e, es'eciay in
ta0ing the City go!ernment through a !ery "i11icut time, stating she ,as
sti earning the roe# As to Ms# 7eury, Comm# 4e,some state" he is not
concerne" ,ith her transition to a arger community, stating he beie!e"
she cou" transition ,e# Comm# 4e,some state" she ,as im'ressi!e,
e='ressing his o'inion she un"erstoo" the conce't o1 strategic 'anning,
'er1ormance base" bu"geting an" 'er1ormance against 'an, noting the
im'ortance o1 a three#

Comm# Domenico note" the genera consensus ,ith Comm# 4e,some
an" Comm# /a",in# (egar"ing Mr# (asmussen, Comm# Domenico
state" he "i" not get a sense o1 "etai ,ith any 'articuar circumstance he
,as in!o!e" in, stating he aso ha" concerns that he ,ou" ta0e a Ohan"s
o11O a''roach# (egar"ing Mr# .aughter, Comm# Domenico state" he
i0e" his "emeanor an" 'ersonaity, but 1et he ,as not ,hat the City ,as
oo0ing 1or# Comm# Domenico agree" Ms# /e"soe has Ota0en the bu by
the horn,O stating that athough things are better, they are not as goo" as
they shou" be# Comm# Domenico state" that she brought in stronger
ea"ershi' than the City has ha" in the ast 1e, years, stating ho,e!er that
her 'ast history an" comments she has ma"e concern him# Comm#
Domenico state" Ms# 7eury ,as an incre"ibe s'ea0er, ,ith a goo"
"emeanor an" 0no,e"ge# Comm# Domenico note" the "i11erence in
community si5e, but state" that ,ith her e='erience in :aama5oo, he 1et
she ha" the attributes the City ,as oo0ing 1or#

Comm# 3ray commen"e" Mr# (asmussen;s miitary history, ho,e!er
stating she ,as concerne" that he may not be 1e=ibe an" that he may not
inten" to stay in the city 1or !ery ong# As to Mr# .aughter, Comm# 3ray
state" his e='erience in economic "e!eo'ment "i" not transate ,e on
the management si"e# (egar"ing Ms# /e"soe, Comm# 3ray agree" she
"i" create a better situation, mo!ing the City to,ar" a better trac0 o1
estabishing reationshi's, ho,e!er e='ressing a concern ,ith Ms#
/e"soe;s communication stye ,ith resi"ents, stating the e='eriences are
not a,ays 'ositi!e# Comm# 3ray state" she 1et Ms# 7eury ans,ere" the
<uestions most thoroughy, stating her communication stye ,ou" be a
goo" 1it 1or the community#

*ice Mayor +,ens state" this ,ou" be the 1Bth City Manager 1or /atte
Cree0# *ice Mayor +,ens e='resse" her a''reciation 1or Mr#
(asmussen;s miitary e='erience, com'aring his base management
e='erience to the management o1 a city# *ice Mayor +,ens aso
a''reciate" that Mr# (asmussen came to the City a 1e, "ays eary to meet
,ith se!era sta0eho"ers an" to !ie, the community# As to Mr#
.aughter, *ice Mayor +,ens state" she "i" not 1ee he ,as rea"y 1or a
City Manager 'osition# *ice Mayor +,ens agree" Ms#
/e"soe 'ositi!ey too0 the City through a "i11icut 'erio", stating it is
o1ten "i11icut 1or a sta11 member to transition to a City Manager, stating
their reationshi's ,ith senior sta11 may not a,ays be a bene1it, stating
she 1et this ,as the current situation ,ith Ms# /e"soe# (egar"ing Ms#
7eury, *ice Mayor +,ens "escribe" her as a Oba o1 1ire,O stating she
,as enthusiastic an" thorough, stating a City Manager is an a"ministrator,
noting they "o not nee" to ha!e e='erience in e!ery "e'artment, stating
that is ,hy the City has so many 0no,e"geabe sta11 members# *ice
Mayor +,ens state" Ms# 7eury ,ou" bring a 1resh 'ers'ecti!e to the
City#

Comm# .her5er e='resse" his agreement ,ith the Commissioners, stating
he "oes not see the Otota 'ac0age#O Comm# .her5er state" there ,ere a
1e, 'eo'e on the ist that he cou" su''ort an" ,ou" enAoy ,atching
them gro, an" "e!eo'#

Comm# Hembo"t state" a 4 can"i"ates ,ere ca'abe, noting the
Commission;s Aob ,as to 1in" the in"i!i"ua that best 1its ,hat the City
nee"s at this time# Comm# Hembo"t state" Mr# (asmussen ,ou" be a
ca'abe ea"er, ho,e!er e='ressing concern that he ,as not the right
'erson at this time# Comm# Hembo"t note" Mr# .aughters e='erience in
'anning an" economic "e!eo'ment, stating he "i" not get a sense o1 the
ty'e o1 manager he ,ou" be, stating he ,as not com1ortabe turning o!er
the manager reins to him# As to Ms# /e"soe, Comm# Hembo"t state"
she has "one the Aob the Commission has as0e" her to "o, stating she has
"one !ery ,e# Comm# Hembo"t state" he aso agree" ,ith Comm#
3ray, stating the "e'artments she ea"s are in!o!e" ,ith communicating
an" ,or0ing ,ith the 'ubic, stating this has ha" a mi=e" amount o1
success# Comm# Hembo"t state" that un"er her ea"ershi', she has come
a ong ,ay, but has not o!ercome this issue# Comm# Hembo"t state" that
,hie in the community, he has as0e" resi"ents ,hat they ,ant 1or the
community, stating that the o!er,heming res'onse is the community
,ants a 1resh !oice# Comm# Hembo"t state" he un"erstan"s the
comments about the "i11erence in community si5e, stating she has a 1ocus
on 'er1ormance base" stan"ar"s, stating she sho,s a natura commitment
on ho, this shou" ,or0#

Mayor $aters state" a 4 can"i"ates ,ere ha''y, 0in" an" inteigent
'eo'e# Mayor $aters state" the Commission shou" not oo0 at a
can"i"ate as 1rom the Oinsi"e; or Ooutsi"e,O stating they shou" 'ic0 the
best can"i"ate, someone ,ho cou" Ohit the groun" running#O Mayor
$aters state" /atte Cree0 has attributes that 'ay to both a sma to,n
an" a arge to,n# (egar"ing Mr# (asmussen, Mayor $aters commen"e"
his miitary e='erience, but e='resse" concern ,ith the error on his
resume regar"ing his e"ucationa "egree# Mayor $aters state" he ,as
aso im'resse" that Mr# (asmussen !isite" /atte Cree0 a 1e, "ays 'rior
to his inter!ie, to meet community ea"ers# Mayor $aters e='resse" a
concern that Mr# .aughter;s e='ertise ,as ony in economic
"e!eo'ment# (egar"ing Ms# /e"soe, Mayor $aters state" he 'uts a ot
o1 !aue on community in'ut, stating the sur!eys coecte" the 'rior
e!ening re1ecte" a maAority 'ic0e" her as the 1irst choice# Mayor $aters
note" Ms# /e"soe;s commitment an" oyaty to the City, noting her
abiity to assume increasing res'onsibiities o!er the ast 1e, years,
commen"ing her on the "i11icut issues that she has han"e" ,e the ast @
months# Mayor $aters agree" Ms# 7eury ,as energetic, intereste" in
"oing ,hat is right, stating that he ,ou" ha!e i0e" a tan"em 'osition o1
both Ms# /e"soe an" Ms# 7eury#

Comm# 4e,some state" he un"erstoo" that the Commission ha" agree"
earier that i1 there ,as a maAority !ote o1 the Commission 1or one
can"i"ate, there ,ou" be no nee" 1or secon" inter!ie,s#

Comm# /a",in state" she 1et the Commission cou" narro, the
can"i"ates to t,o 1inaists#

Comm# 3ray agree" she ,ou" i0e to narro, to t,o can"i"ates to ao,
secon" inter!ie,s an" 1oo, u' <uestions#

Comm# .her5er e='resse" his agreement in bringing the to' t,o
can"i"ates bac0, stating he ,ou" i0e to as0 about inter-go!ernmenta
reationshi's#

Comm# Domenico state" he un"erstoo" that there ,ou" be a t,o ste'
'rocess, as0ing that the Commission ho" the 1ina !ote to the %ues"ay
.'ecia Meeting#

A motion ,as ma"e by Comm# Domenico, su''orte" by Comm# 3ray,
that the Commission !ote 1or t,o can"i"ates to 'rocee" to secon"
inter!ie,s, ,ith a 1ina !ote on %ues"ay, August 2@, 2014#

Comm# Hembo"t ac0no,e"ge" the im'ortance o1 ao,ing the 'ubic to
,atch the inter!ie,s o!er the ,ee0en", ao,ing them to be a 'art o1 the
con!ersation %ues"ay e!ening#

Comm# 4e,some as0e" ho, this com'are" to the motion ma"e earier in
the "ay#

Ms# .teee state" this ,ou" not be a con1ict, stating the earier motion
,as that any can"i"ate recei!ing B or more !otes ,ou" mo!e
1or,ar"# Ms# .teee state" the Commission cou" amen" the motion, as it
soun"e" i0e the t,o to' can"i"ates ,ere .usan /e"soe an" (ebecca
7eury, that instea" o1 baoting, sim'y amen" the motion to i"enti1y the
to' t,o can"i"ates#

Comm# /a",in state" she ,ou" be more com1ortabe that the
Commissioners !oting by baot, stating a can"i"ate ,ou" nee" B !otes to
mo!e 1or,ar", recommen"ing the Commissioners !oter 1or 1-2
can"i"ates#

Comm# 4e,some as0e" 1or cari1ication, that i1 ony one can"i"ate
recei!e" B !otes, ,ou" there be a nee" 1or an a""itiona !ote on %ues"ay,
or that ony one 'erson ,ou" be on the baot#

Comm# Hembo"t state" he un"erstoo" that any other !ote ,ou" nee" a
!ote o1 B 'eo'e to 'ass#

Ms# .teee state" she un"erstoo" the motion to incu"e secon" inter!ie,s
,ith a 1ina !ote on %ues"ay#

Comm# Domenico as0e" i1 the Commissioners ,ere to !ote 1or 1-2
can"i"ates, but i1 ony one can"i"ate recei!e" B !otes, is that the 1ina, that
'erson ,ou" be the ne, City Manager#

Comm# 4e,some state" that this is ,hat he ,as trying to cari1y#

Comm# /a",in as0e" i1 ony once can"i"ate recei!e" B !otes, there
,ou" not be a secon" can"i"ate, an" no a""itiona inter!ie,s ,ou" be
nee"e"#

Comm# .her5er as0e" i1 it ,ou" be u' to t,o !otes 'er Commissioner#

Comm# /a",in state" that by ony !oting 1or one can"i"ate, there ,ou"
not be any o''ortunity 1or a""itiona inter!ie,s or community in'ut#

Comm# Hembo"t cae" 'oint o1 or"er, stating the motion on the tabe
ao,e" a""itiona inter!ie,s ,ith t,o can"i"ates, recommen"ing they
!ote on the current motion#

Comm# Domenico amen"e" the resoution to ao, one to t,o !otes 'er
Commissioner 1or the can"i"ates they ,ou" i0e to see a"!ance, an" i1
more than 2 can"i"ates recei!e" B or more !otes, a 1ina !ote ,ou" be on
%ues"ay at the .'ecia meeting at >:00 'm, an" i1 ony one can"i"ate
recei!e" B or more !otes, that can"i"ate ,i be seecte" as the ne=t City
Manager#

Ms# .teee note" that as the origina motion ,as su''orte", Comm#
Domenico ,ou" nee" to see i1 the amen"e" motion ha" a secon", then
they cou" ha!e a !ote on the amen"ment to the motion# .eeing no
su''ort 1or the amen"ment, it "i" not mo!e 1or,ar"#

Comm# 3ray recommen"e" an amen"ment to the motion to a"" the names
o1 .usan /e"soe an" (ebecca 7eury as the t,o can"i"ates to mo!e to
the secon" roun"#

Ms# .teee state" this ,as a ne, amen"ment to say .usan /e"soe an"
(ebecca 7eury# Ms# .teee note" Comm# Domenico;s amen"ment "ie"#

Comm# Hembo"t su''orte" Comm# 3ray;s amen"ment to the motion#

*ice Mayor +,ens state" she ,as uncom1ortabe ,ithout a !ote, stating
the Commission ,as ma0ing an assum'tion Ms# /e"soe an" Ms# 7eury
,ou" be the to' 2 !ote reci'ients, stating she ,ou" 're1er a !ote#

Comm# /a",in state" she ,as in 1a!or o1 secon" inter!ie,s an" ,as
concerne" a !ote 1ro ony one can"i"ate cou" be cutting o11 the o'tion 1or
secon" inter!ie,s#

Comm# 4e,some state" that the Commission ,as at this 'osition because
they ,ante" to ma0e sure a Commissioners ,ere incu"e" 1or the !ote
on %ues"ay, stating he agree" a 4 can"i"ates be a 'art o1 the !ote#

Mayor $aters e='resse" his agreement ,ith Comm# 4e,some, stating
the Commission shou" !ote an" that i1 someone gets B !otes, they mo!e
on, to not su''ort the amen"ment at this time#

8es: /a",in, 3ray,

4o: 4e,some, Hembo"t, +,ens, .her5er, Domenico, $aters

Motion 1aie"#

Comm# Domenico ,ith"re, his origina motion, Comm# 3ray su''orte"
the ,ith"ra,a o1 the origina motion#

Comm# Hembo"t state" he un"erstoo" that the Commission ,as not
com1ortabe not ha!ing secon" inter!ie,s, recommen"ing the
Commissioners !ote 1or 2 can"i"ates an" the to' 2 can"i"ates ,i mo!e
to secon" inter!ie,s#

Ms# .teee recommen"e" the motion be cear to in"icate ,hether there
,ou" be secon" inter!ie,s#

A motion ,as ma"e by Comm# 4e,some that each Commissioner !ote
1or u' to 2 o1 the 4 can"i"ates an" that ,hiche!er can"i"ates recei!e a
!ote o1 B or more ,i mo!e to a secon" roun" o1 inter!ie,s, an" that i1
ony one can"i"ate recei!es a !ote o1 B or more, that can"i"ate ,i be the
ne, City Manager# Comm# Domenico su''orte" the motion#

Comm# 3ray state" she 're1erre" the to' t,o !ote getters mo!e to secon"
inter!ie,s ,ith a 1ina !ote the 1oo,ing %ues"ay, stating some 'eo'e
"i" not 1ee com1ortabe ,ith the 'ossibiity that it might be 1ina to"ay,
stating she "i" not su''ort the motion#

Comm# Hembo"t state" he agree" ,ith Comm# 3ray, noting he "i" not
su''ort the motion#

Comm# .her5er state" he 're1erre" an o''ortunity 1or secon" inter!ie,s#

Mayor $aters agree" ,ith Comm# 4e,some;s motion that i1 ony one
can"i"ate recei!e" B or more !otes, they ,ou" be the ne=t City Manager#

8es: Domenico, $aters, 4e,some, +,ens

4o: 3ray, Hembo"t, .her5er, /a",in

Motion 1aie"#

A motion ,as ma"e by Comm# Hembo"t that each Commissioner !ote
1or t,o can"i"ates an" that the t,o can"i"ates that recei!e the most !otes
is brought in 1or secon" inter!ie,s# .u''orte" by Comm# 3ray#

Comm# Domenico state" he 're1erre" to ony !ote 1or one can"i"ate an"
that the to' t,o mo!e to secon" inter!ie,s# 4o one su''orte" this
're1erence#

8es: 3ray, $aters, Hembo"t, 4e,some, +,ens, .her5er, /a",in

4o: Domenico

Motion A''ro!e"#

Mr# 2nges "istribute" the baots to the Commissioners# +nce e!ery
Commissioner 'ace" their !ote, Mr# 2nges coecte" the baots#

Ms# Houser 'resente" the !oting resuts, sho,ing 2 !otes 1or .te'hen
(asmussen, @ !otes 1or .usan /e"soe an" 8 !otes 1or (ebecca 7eury#

A motion ,as ma"e by Comm# Domenico, su''orte" by Comm# 3ray, to
!ote 1or the 1ina can"i"ate on %ues"ay, August 2@, 2014 at a .'ecia
Meeting# A 8es, motion carrie"#

A motion ,as ma"e by Comm# .her5er that gi!en the geogra'hica home
ocations o1 the t,o 1ina can"i"ates, the secon" inter!ie,s be mo!e" to
the %ues"ay, August 2@, 2014 .'ecia Meeting# 4o su''ort, motion "ie"#

Mr# 2nges 'resente" the Commissioners ,ith a set o1 <uestions 1or the
secon" inter!ie,s#

Comm# Hembo"t state" <uestions C1, 2 D 3 ,ere co!ere" in the 1irst
roun" o1 inter!ie,s, recommen"ing they be remo!e"#

Comm# /a",in recommen"e" the Commission come u' ,ith a""itiona
<uestions 1or to'ics they ,ante" to a""ress#

Comm# 3ray as0e" that <uestion C2 remain as there are se!era things
outsi"e o1 an air'ort, stating she ,ou" i0e to a""ress the miitary base
aso# Comm# 3ray state" she ,ou" i0e to as0 the can"i"ates ,hat their
ne=t antici'ate" mo!e ,ou" be i1 they ,ere not chosen as the City
Manager#

Comm# .her5er state" he ,ou" i0e to create a <uestion regar"ing inter-
go!ernmenta reations# Comm# .her5er state" he "i" not 1ee Comm#
3ray;s <uestion about a can"i"ate;s ne=t mo!e i1 not chosen ,as ree!ant
to the current City Manager 'osition#

Comm# 3ray state" she ,as trying to "etermine ho, committe" they ,ere
to mo!ing 1or,ar" ,ith /atte Cree0 in another ca'acity#

Comm# Hembo"t as0e" Comm# 3ray i1 she ,as trying to "etermine i1
the can"i"ate may be intereste" in the Assistant City Manager 'osition#

Comm# 4e,some state" he ,as not sure o1 the ree!ance o1 this <uestion,
as0ing Comm# 3ray i1 she ,ante" to 0no, i1 the can"i"ate ,as
committe" to ,or0ing in /atte Cree0 or Aust intereste" in the City
Manager 'osition# Comm# 4e,some state" this ,ou" not be a 1air
<uestion#

Comm# 3ray state" she ,as 1ine not incu"ing this as a <uestion#

Comm# /a",in state" she ,ou" i0e to as0 the can"i"ate about their
a''roach to em'oyee "e!eo'ment, training an" 'romotion, stating this
cou" be incu"e" in <uestion @#

Comm# Hembo"t 'ro'ose" they as0 ,hat the City Manager;s roe ,as in
,or0ing to ensure City em'oyees are re'resentati!e o1 'eo'e ,ho i!e in
the community, ensuring city go!ernment is as "i!erse as the
community#

Comm# 4e,some state" he ,as not sure o1 the a!aiabiity o1 statistica
"ata ree!ant to the "i!ersity o1 the City com'are" ,ith the community#

Mr# 2nges state" that ,ith &ro'osa 2, the City "oes not 0ee' those
statistics#

Comm# 3ray state" they may not ha!e the 1u in1ormation 1or certain
areas, but in City ea"ershi' it ,as easy to assess by com'aring the 2010
Census "ata, stating aso many boar"s an" committees shou" be more
"i!erse, raciay, ethnicay an" geogra'hicay#

Comm# 4e,some state" it is not an easy ans,er, es'eciay as .enior
.ta11 ,as "one through attrition#

%he City Commission inter!ie,e" can"i"ates 1or the City Manager
'osition an" as0e" each can"i"ate the 1oo,ing <uestions:

1# A1ter re1ecting on our 1irst meeting, are there any munici'a o'erations
or 'oicy issues here you ha!e not ha" e='erience ,ith or that youHre not
com1ortabe ,ithG

2# )magine again, 1or a moment, that ,eH!e a''ointe" you an" your 1irst
year anni!ersary is ony "ays a,ay, ,hat "o you thin0 you ,ou" be to"
a year 1rom no, in your 1irst 'er1ormance e!auation ,ith the
CommissionG
3# As a hy'othetica situation 'ease res'on" to this <uestion# 8ouHre the
ne, City Manager o1 /atte Cree0 an" a "e!eo'er assembes a arge tract
o1 an" to construct a mi=e"-use retai center in an area not "esignate" 1or
commercia use in the Com'rehensi!e &an# %he "e!eo'ment ,ou" be a
goo" economic a""ition to the community---but the ocation is ,rong#
%he "e!eo'er has sho,n itte regar" 1or the Com'rehensi!e &an in
'reiminary con!ersations# $hat ,ou" you "o about this situationG $hat
imme"iate strategy ,ou" you em'oyG Ho, an" ,hen ,ou" you consut
,ith the CommissionG
4# &ease e='ain your 'hioso'hy o1 management team "e!eo'ment#
Ho, "o youF,ou" you go about bui"ing a sense o1 teamG $hat are your
un"erying management !aues an" e='ectationsG Ho, ,ou" you ma0e
sure De'artment Hea"s, su'er!isors an" em'oyees un"erstan" these
e='ectations, gi!en that they may "i11er some,hat 1rom the 're!ious
ManagerG

B# $hat ,ou" your 'rocess be 1or ensuring that 'eo'e ,ho ,or0 1or an"
re'resent the City are re'resentati!e o1 our "i!erse communityG

@# &ease 'ro!i"e an e=am'e o1 a time you engage" an inter-
go!ernmenta 'roAect, ta0 about obstaces an" ho, you ma"e it ,or0#

P%BIC COMMENT

Mar0 (ichar"s state" he ,as o11en"e" that the Commission cae" into
<uestion Mr# (asmussen;s honesty regar"ing in1ormation on his resume,
stating he shou" ha!e been 'ro!i"e" a chance to cari1y the error#

Da!i" Moore e='resse" his su''ort o1 can"i"ate -ames .aughter, stating
he ,as his 're1erence 1or the 'osition#

:aytee 7aris, 2B 7remont .t, than0e" the Commission 1or the 'rocess,
stating she a''reciate" the time 'ro!i"e" to get in'ut 1rom the community
an" City sta11# Ms# 7aris aso than0e" the Commission 1or 'ost'oning the
1ina "ecision to %ues"ay e!ening#

Comm# /a",in state" she a''reciate" the 'ubic;s comments, remin"ing
the Commission that it ,as their res'onsibiity to ma0e the "ecision#

Comm# 3ray state" she agree", but ,ante" to ma0e sure to continue to
isten to 'ubic in'ut#

Comm# Hembo"t than0e" Mr# 2nges, Ms# Houser an" Ms# .teee#

Comm# 4e,some e='resse" his a''reciation to Comm# /a",in 1or a o1
her time, energy an" e11ort, noting her 1i"eity an" integrity#
AD0O%#NMENT
Mayor $aters a"Aourne" the meeting at B:20 &M#
Citi5ens ,ho ,ish to a""ress a s'eci1ic issue on the 1oor may "o so at any time a1ter being recogni5e" by
the Mayor or 'resi"ing Commission# At the time 1or 'ubic comments, a1ter being 'ro'ery recogni5e",
citi5ens may a""ress the commission on any subAect# Citi5ens ,i be subAect to the 1oo,ing imitations:
1# Citi5en comments on any (esoution be1ore the Commission may be ma"e either be1ore or a1ter
the Commissioners ha!e ha" an o''ortunity to "iscuss the (esoution, at the "iscretion o1 the
ChairN
2# Citi5ens ,ishing to s'ea0 to a 'articuar (esoution shou" raise their han"s an" ,ait to be
recogni5e" be1ore s'ea0ingN
3# Citi5ens ,i con1ine their remar0s to matters currenty 'en"ing on the 1oor, an" be brie1 an"
concise in ma0ing their remar0sN
4# )1 a citi5en becomes re'etiti!e or, in the o'inion o1 the Chair, ta0es an inor"inate amount o1 time in
ma0ing comments, that citi5en ,i be rue" out o1 or"er an" the Commission ,i continue ,ith its
businessN
B# Citi5ens shou" a""ress a remar0s to the Commission as a ,hoe, an" not to in"i!i"ua
Commissioners#
%hese (ues ,i a''y to comments by citi5ens "uring the &ubic Comment section o1 the Agen"a#
%he City o1 /atte Cree0 ,i 'ro!i"e necessary, reasonabe, au=iiary ai"s an" ser!ices, such as signers
1or the hearing im'aire", an" au"iota'es o1 'rinte" materias being consi"ere" in the meeting, u'on se!en
"ays; notice to the City o1 /atte Cree0# )n"i!i"uas ,ith "isabiities re<uiring au=iiary ai"s or ser!ices,
shou" contact the City o1 /atte Cree0 by ,riting or caing the 1oo,ing:
*ictoria Houser
+11ice o1 the City Cer0
&ost +11ice /o= 1>1>
/atte Cree0, Michigan 4?01@
2@?F?@@-3348 L*oiceM
2@?F?@@-3348 L%DDM

General Detail
NO.
BATTLE CREEK, MICHIGAN - !"16"201

#attle Cree$ City Commission
!"16"201
Action Summary
Staff Member: Mic%elle &e'man
S"MMAR#



'$SITI$NS
A((AC)M*N(S+
,ile Name Description
Special_City_Commission_Meeting_Minutes_for_August_26__2014.pdf Special City Commission Meeting Minutes for August 26, 2014

Agenda: Battle Creek City Commission Special Meeting
Meeting Date: August 26, 2014- 7:00 PM
Location: Commission Chambers City a!!
Chair: Da"i# A$ %a!ters, Mayor
&it!e: Pre'are# by Miche!!e (e#man
ATTENDANCE
Mayor Da"e %a!ters Lin#a Morrison, )nterim Assistant City Manager
*ice Mayor Deb +,ens -i!! .tee!e, City Attorney
Commissioner .usan /a!#,in *ictoria ouser, City C!er0
Commissioner Mar0 /ehn0e Pau! 1nge!s, uman (esource Director
Commissioner -e22 Domenico
Commissioner Lynn 3ray
Commissioner An#y e!mbo!#t
Commissioner Dean 4e,some
Commissioner Mi0e .her5er
INVOCATION
PED!E O" AE!IANCE
&he P!e#ge o2 A!!egiance ,as !e# by Comm$ 4e,some$
APP#OVA O" A!ENDA

Motion to A''ro"e
Mo"e# /y: D1/ +%14.
.u''orte# /y: M)61 .1(71(

Ayes: /ALD%)4, /1461, D+M14)C+, 3(A8, %AL&1(.,
1LM/+LD&, 41%.+M1, +%14., .1(71($

M+&)+4 PA..1D
C$AI# NOTES ADDED O# DEETED #ESO%TIONS

&here ,ere no a##e# or #e!ete# reso!utions$
PETITIONS COMM%NICATIONS AND #EPO#TS

C!er0 ouser rea# three communications 2rom Attorney 4e!son 6arre,
Mi0e /remer an# Da,n .horter$
!ENE#A P%BIC COMMENT & imited to T'ree Min(tes per
Indi)id(al

-e22 o"arter, 179 %oo#ha"en Dri"e, Par0s : (ec Director, rea# a
statement e;'ressing his concern 2or the City o2 /att!e Cree0, noting the
many res'onsibi!ities o2 a City Manager, stating e;'erience is the most
im'ortant 2actor gi"en the many 2actors the City is 2acing$ Mr$ o"arter
commen#e# .usan /e#so!e<s honesty, integrity an# ,or0 ethic, stating she
a!,ays #oes the right thing, e;'ressing his su''ort 2or Ms$ /e#so!e as the
ne;t City Manger$ Mr$ o"arter state# he has ,or0e# ,ith 12 City
Managers in his =9 years o2 munici'a! ser"ice, stating Ms$ /e#so!e has
sho,n the >ua!ities the City o2 /att!e Cree0 nee#s in its ne;t !ea#er$ Mr$
o"arter state# (ebecca ?!eury ha# a goo# attitu#e an# goo# 2inancia!
bac0groun#, recommen#ing her as an Assistant City Manager, 'ro"i#ing
her time to !earn an# gain e;'erience$

Dan (yan, Chie2 )n2ormation +22icer, s'o0e o2 the #i22icu!t history o2 the
City o"er the !ast 1@ months, noting the number o2 management sta22
members ,ho ha"e !e2t the City recent!y$ Mr$ (yan state# Ms$ /e#so!e
Ahit the groun# s'rinting, not running, but s'rinting$A Mr$ (yan note# Ms$
/e#so!e han#!e# !ingering 'ersonne! issues, minimi5ing ris0 to the City<s
re'utation$ Mr$ (yan state# that un#er Ms$ /e#so!e<s !ea#ershi', senior
sta22 began con"ersations on strategic '!anning, 'er2ormance base#
bu#geting an# 0ey 'er2ormance in#icators$ Mr$ (yan note# the in'ut
2rom the .enior Lea#ershi' &eam an# 'ub!ic in'ut both in#icate#
o"er,he!ming su''ort 2or Ms$ /e#so!e$ Mr$ (yan as0e# that the
Commission 2o!!o, the 'rocess that ,as set 2orth$

Da"i# Moore, 102 &ay!or A"e$, state# he 're2erre# Mr$ .!aughter, but 2e!t
Ms$ ?!eury ,ou!# a!so be a goo# City Manager$

Da"i# 4ie!son, 4B= Potters Dri"e, #iscusse# an e;'erience at an 4PC
meeting ,here a resi#ent state# they ,ante# .usan /e#so!e as the ne;t
City Manager$ Mr$ 4ie!son state# that i2 the Commission ,as !oo0ing 2or
change on!y 2or change sa0e, this ,as not a "a!i# reason, stating that i2 it
,as 2or 'ersona! issues or #isagreements, to get o"er it$ Mr$ 4ie!son
state# the City ha# a "ery e;ce!!ent 'erson in .usan /e#so!e an# ,e nee#
to 0ee' her there$ Mr$ 4ie!son state# the most im'ortant >ua!ity at this
time 2or a City Manager ,as that the City Manager be ab!e to sign her
name .usan /e#so!e$

/ernhar# 6erschbaum, 112 %estchester %ay, C1+ o2 (os!er
Meta!s, state# the one thing he ,ou!# !i0e to see 2rom a City
Manager is su''ort 2or the in#ustry in /att!e Cree0, stating that as !ong as
the City has a goo# re'utation more com'anies ,i!! be attracte# to, an#
!ocate in /att!e Cree0$ Mr$ 6erschbaum e;'resse# concern someone 2rom
a sma!! community may not ha"e a goo# un#erstan#ing o2 ,hat the City
nee#s$

Da"i# .arachic0, 201 %inter .t, 'resente# a 'icture o2 a home 2or sa!e by
!an# contract, stating he ha# #iscusse# his concerns regar#ing the 'ro'erty
at 201 /i#,e!! .t, stating he ho'es the ne;t City Manager ,i!! he!' ,ith
the 'rob!ems in the neighborhoo#s$

Da"e .mo!ins0i, north si#e resi#ent, state# !itt!e has change# in the @
years since he has returne# to the City, as0ing that the Commission ma0e
the right choice to ma0e the City a better '!ace$

&o## 3erber, .treets : Par0s .u'erinten#ent, than0e# the Commission
2or #e!aying the "ote to to#ay, so that he cou!# "ie, the secon# inter"ie,s
,ith the 2ina! t,o can#i#ates$ Mr$ 3erber sai# he has ,or0e# at the City
2or 1@ years, ,ith = City Managers, stating he su''orts .usan /e#so!e as
the ne;t City Manager$ Mr$ 3erber state# a City Manager shou!# be
2ami!iar ,ith a!! as'ects o2 our city, 'ro"i#e su''ort to a!! o2 the sta22 an#
#e'artments$ Mr$ 3erber note# Ms$ /e#so!e !i"es in /att!e Cree0, raises
her 2ami!y in /att!e Cree0, noting her commitment to the community$ Mr$
3erber state# that as Community .er"ices Director, Ms$ /e#so!e
su''orte# many other #e'artments, stating .usan is the on!y can#i#ate
that can hit the groun# running, stating she 0no,s ,here the City has been
an# ,here it is going, stating she 0no,s e"ery 2acet o2 the City$

Marcia %ent,orth, 117 (ose Ct, a =4 year resi#ent, 24 year em'!oyee,
rea# a statement su''orting .usan /e#so!e, noting her accom'!ishments,
her ho'e an# "ision 2or the City$ Ms$ %ent,orth note# a goo# !ea#er
ma0es the right #ecision, not the 'o'u!ar #ecision$ Ms$ %ent,orth
#iscusse# the numerous accom'!ishments o2 Ms$ /e#so!e in the !ast si;
months, stating she has restore# con2i#ence in the Po!ice De'artment an#
the community$ Ms$ %ent,orth s'o0e o2 the numerous re!ationshi's Ms$
/e#so!e has ,ith community !ea#ers, inc!u#ing business, non 'ro2it,
re!igious an# resi#entia!$

(a!'h Cates, B@ %en#e!! .t, 2ormer City Commissioner, state# he has
2o!!o,e# "ery c!ose!y the acti"ities o2 the commission an# the City$ Mr$
Cates state# that ,hen something is ,or0ing, !ea"e it in '!ace,
recommen#ing the Commission choose .usan /e#so!e, stating they
shou!# try to 0ee' the momentum going$ Mr$ Cates state# that a!though
the other can#i#ates ha"e goo# >ua!ities, Ms$ /e#so!e ,as #oing the Cob
so ,e!!, he #i# not be!ie"e they cou!# 2in# anyone e!se ,ho ,ou!# 0no,
things as ,e!! as she #oes, urging them to 0ee' her in'!ace an# !et her
continue to #o a great Cob$

-u#y Cam'be!! state# she sent an emai! to the Commission regar#ing her
concerns ,ith Ms$ /e#so!e regar#ing the 2ai!ure to surren#er her !a,
!icense to the state o2 +hio$

Art McC!enney, @@ Maurer Dri"e, state# he ,as tire# o2 the scan#a!
associate# ,ith the City, urging the Commission to 'ost'one the #ecision
an# !oo0 into the a!!egations ma#e at the meeting$
DEIBE#ATION AND SEECTION O" CIT* MANA!E#
CANDIDATE

Mayor %a!ters rea# a statement, than0ing the Committee an# Comm$
/a!#,in 2or their ,or0 in the City Manager .earch 'rocess, than0ing the
City sta22, citi5ens that atten#e# the meet an# greet, an# e"eryone that
'ro"i#e# in'ut into the 'rocess$ Mayor %a!ters than0e# .usan /e#so!e
an# (ebecca ?!eury$ Mayor %a!ters state# the 'rocess starte# ,ith in'ut
2rom a!! o2 the Commissioners, stating this may be their most im'ortant
#ecision 2or the City o2 /att!e Cree0$ Mayor %a!ters state# many o2 the
communications ha"e state# the City nee#e# a change, stating a change
too0 '!ace in ?ebruary ,hen .usan /e#so!e ,as a''ointe# )nterim City
Manager, stating she has a22ecte# 'ositi"e change in ser"ice an#
mora!$ Mayor %a!ters state# o2 the 91 comment 2orms com'!ete#,
Ms$ /e#so!e recei"e# 26 ta!!ies in#icating a 're2erence 2or her as City
Manager, Ms$ ?!eury recei"e# 16 ta!!ies, ,ith Mr$ .!aughter recei"ing
7 an# Mr$ (asmussen recei"ing 2$ Mayor %a!ters note# Ms$ /e#so!e
score# the best on beha"iora! instinct testing, stating they measure#
con2!ict reso!ution, 'rob!em so!"ing an# reso!ution, an# gathering
in2ormation, manageria! sty!e, #ecision ma0ing an# team membershi'$
Mayor %a!ters e;'resse# his su''ort o2 .usan /e#so!e, stating the
Commission ,as e!ecte# to re'resent the "ery 'eo'!e ,ho 'ut them in
o22ice, stating the Commission shou!# 2o!!o, the 'rocess they 'ut in
'!ace$ Mayor %a!ters note# that Ms$ /e#so!e has ste''e# in an# #i# ,hat
the Commission as0e# her to #o, stating her #ecisions are ma0ing things
better 2or the City, stating she continues to atten# meetings an# e"ents that
su''ort the City$ Mayor %a!ters state# Ms$ /e#so!e 0no,s both the
macro an# micro in2ormation that a22ects the City, noting she has a!so
,or0e# together on a c!ear mission "ision an# 'er2ormance measures$

Comm$ /a!#,in e;'resse# her su''ort o2 .usan /e#so!e, stating she has a
heart2e!t commitment to the City o2 /att!e Cree0, noting her su''ort o2 the
sta22 an# the community$ Comm$ /a!#,in state# Ms$ /e#so!e is the
can#i#ate that can ste' into the 'osition s'rinting, to continue ma0ing the
best #ecisions 2or the City$

Comm$ .her5er note# this ,as not an easy #ecision, stating on!y one
'erson ,ou!# be chosen, stating the 'erson 'ic0e# ,i!! nee# to mo"e this
City 2or,ar#, that City sta22 ,i!! ha"e the ob!igation o2 achie"ing the
goa!s an# obCecti"es set by the Commission an# that the resi#ents ,i!!
ha"e an ob!igation to 'romote the City$

Comm$ e!mbo!#t than0e# sta22 ,ho ste''e# u' an# 'ro"i#e# in'ut at a!!
ste's o2 the ,ay, stating he "a!ue# them as in#i"i#ua!s an# !ea#ers$
Comm$ e!mbo!#t state# e"erything sai# about .usan /e#so!e<s >ua!ities,
her integrity, commitment, communication an# ,or0 ethics, are true$
Comm$ e!mbo!#t state# he a''reciate# Mayor %a!ters comments,
stating he #isagree# ,ith the a''!ication, stating his e;'erience in
!istening to the resi#ents, ,hi!e Ms$ /e#so!e 'er2orme# a#mirab!y in her
ro!e as )nterim City Manager, he 2e!t resi#ents ,ante# a 2resh energetic
"oice, an# ins'irationa! !ea#er that e"eryone can get behin#, e;'ressing
his su''ort o2 (ebecca ?!eury$

Comm 4e,some state# he ,as !oo0ing at a can#i#ate ,ho ,ou!# !oo0 at
'er2ormance measures an# ha# a strategy 2or mo"ing the City 2or,ar#$
Comm$ 4e,some note# the City #oes not ha"e a burning '!at2orm at this
time, but nee#e# someone to mo"e the City 2or,ar#, sooner rather than
!ater, stating he ,as con"ince# (ebecca ?!eury ,as the 'erson to mo"e
the City 2or,ar#$

A motion ,as ma#e by Comm$ e!mbo!#t, su''orte# by Comm$
4e,some, that the Mayor, ,ith the assistance o2 the City Attorney an# the
uman (esources Director, be authori5e# to enter into contract
negotiations ,ithin the 're"ious!y estab!ishe# sa!ary gui#e!ines ,ith
(ebecca ?!eury as the City Manager, con#itione# u'on recei't o2
acce'tab!e stan#ar# 're-em'!oyment testing, ,ith the goa! o2 'ermitting
the City Commission to act on the same by its .e'tember 16, 2014
meeting$

Motion to A''ro"e
Mo"e# /y: A4D8 1LM/+LD&
.u''orte# /y: D1A4 41%.+M1

Ayes: D+M14)C+, 3(A8, 1LM/+LD&, 41%.+M1, +%14.$
4ays: /ALD%)4, /1461, %AL&1(., .1(71($

M+&)+4 PA..1D
AD+O%#NMENT
Mayor %a!ters a#Courne# the meeting at 7:99 PM$
Citi5ens ,ho ,ish to a##ress a s'eci2ic issue on the 2!oor may #o so at any time a2ter being recogni5e# by
the Mayor or 'resi#ing Commission$ At the time 2or 'ub!ic comments, a2ter being 'ro'er!y recogni5e#,
citi5ens may a##ress the commission on any subCect$ Citi5ens ,i!! be subCect to the 2o!!o,ing !imitations:
1$ Citi5en comments on any (eso!ution be2ore the Commission may be ma#e either be2ore or a2ter
the Commissioners ha"e ha# an o''ortunity to #iscuss the (eso!ution, at the #iscretion o2 the
ChairD
2$ Citi5ens ,ishing to s'ea0 to a 'articu!ar (eso!ution shou!# raise their han#s an# ,ait to be
recogni5e# be2ore s'ea0ingD
=$ Citi5ens ,i!! con2ine their remar0s to matters current!y 'en#ing on the 2!oor, an# be brie2 an#
concise in ma0ing their remar0sD
4$ )2 a citi5en becomes re'etiti"e or, in the o'inion o2 the Chair, ta0es an inor#inate amount o2 time in
ma0ing comments, that citi5en ,i!! be ru!e# out o2 or#er an# the Commission ,i!! continue ,ith its
businessD
9$ Citi5ens shou!# a##ress a!! remar0s to the Commission as a ,ho!e, an# not to in#i"i#ua!
Commissioners$
&hese (u!es ,i!! a''!y to comments by citi5ens #uring the Pub!ic Comment section o2 the Agen#a$
&he City o2 /att!e Cree0 ,i!! 'ro"i#e necessary, reasonab!e, au;i!iary ai#s an# ser"ices, such as signers
2or the hearing im'aire#, an# au#iota'es o2 'rinte# materia!s being consi#ere# in the meeting, u'on se"en
#ays< notice to the City o2 /att!e Cree0$ )n#i"i#ua!s ,ith #isabi!ities re>uiring au;i!iary ai#s or ser"ices,
shou!# contact the City o2 /att!e Cree0 by ,riting or ca!!ing the 2o!!o,ing:
*ictoria ouser
+22ice o2 the City C!er0
Post +22ice /o; 1717
/att!e Cree0, Michigan 4B016
26BEB66-==4@ F*oiceG
26BEB66-==4@ F&DDG

General Detail
NO.
City Manager Report for September 16, 2014
BATTLE CREEK, MICHIGAN - 9162014

!attle Cree" City Commi##ion
9162014
Action Summary
Staff Member: Mi$%elle Re&man
S"MMAR#
City Manager Report for September 16, 2014



'$SITI$NS
'(('C)M*N(S+
,ile Name De#$ription
City_Manager_Report_for_September_16_2014.doc City Manager Report for September 16, 2014
MEMO

Date:

09/16/2014

To:

Mayor and City Commission

From:

Susan E. Bedsole, Interim City Manager

RE:

City Manager's Setem!er 16, 2014, "genda #eort

258

A Resolution authorizing the Mayor to execute an employment agreement with Reecca !"
Fleury #or the position o# $ity Manager"

By motion at t$e "ugust 26, 2014, Se%ial City Commission meeting, t$e City Commission
aut$ori&ed t$e Mayor to negotiate a %ontra%t 'it$ #e!e%%a (. )leury *or t$e osition o* City
Manager. +$e negotiated %ontra%t in%ludes a starting !ase salary o* ,12-,000 er year. ,/00 er
mont$ automo!ile allo'an%e. and / er%ent %ontri!ution to t$e emloyee's ICM"/#C 4-0 de*erred
%omensation lan. +$e %ontra%t !e%omes e**e%ti1e t$e *irst day o* a%ti1e emloyment, '$i%$ s$all
!e on 2%to!er 1, 2014, and s$all %ontinue in e**e%t until terminated.

25%

A Resolution to mo&e the $ity $ommission 'rganizational Meeting #ollowe( y the Regular
Meeting sche(ule( #or )o&emer **+ 2,*-+ at .:/, pm+ to 0e(nes(ay+ )o&emer 5+ 2,*-+ at
.:/, pm"

E1ery year t$e City Commission esta!lis$es a meeting s%$edule. Be%ause o* t$e 3eneral Ele%tion
on 4o1em!er 4, t$e meeting s%$edule mo1ed t$e *irst meeting in 4o1em!er to t$e se%ond
'ee5. +$is date, $o'e1er, is 6eterans' 7ay. t$ere*ore, it is ne%essary to res%$edule t$e 4o1em!er
11 meeting. +$is #esolution mo1es t$e City Commission 2rgani&ational Meeting *ollo'ed !y t$e
#egular Meeting s%$eduled *or 4o1em!er 11, 2014, at 08/0 m, to 9ednesday, 4o1em!er -, 2014,
at 08/0 m. Appro&al is Recommen(e(

21,

A Resolution setting a $lose( 2ession o# the $ity $ommission on a legal matter"

+$is #esolution sets a Closed Session on a legal matter immediately *ollo'ing t$e #egular City
Commission Meeting. Appro&al is Recommen(e(

Resolution
NO. 254
A Resolution approving the Edward Byrne Memorial Justie Assistane !rant num"er 2#$4%&J%B'%#4($
authori)ing the *ity Manager to sign the award doument +or the amount o+ ,5-.-5( +rom the /.0.
&epartment o+ Justie. O++ie o+ Justie 1rograms.
BATTLE CREEK, MICHIGAN - 23$(32#$4
Resolved by the Commission of the City of Battle Cee!"

4he &epartment o+ Justie O++ie o+ Justie 1rograms has approved +ormula +unding to the *alhoun
*ounty 5aw En+orement agenies in the amount o+ ,5-.-5( +or the +isal years 2#$- % 2#$6.

4he +unding distri"ution. as +ormulated "y the /.0. &epartment o+ Justie. Bureau o+ Justie 0tatistis. will
"e as +ollows7

Battle *ree8 1olie &epartment , -#.###
*alhoun *ounty , 25.-5(

1er the grant re9uirements an Memorandum O+ /nderstanding :MO/; has "een e<euted identi+ying the
+unding distri"ution. +isal ageny and programmati ageny. 1er the MO/ 4he *ity o+ Battle *ree8 has
"een esta"lished as the +isal and program managers. 4he *ity o+ Battle *ree8 will "e responsi"le to +ile
the +inanial and program reports.

4he +unding provided +rom this grant will "e used "y the Battle *ree8 1olie &epartment and *alhoun
*ounty tehnologial improvements. 4his programs and improvements were identi+ied "y the individual
agenies "ased on their internal needs.

4his resolution is to esta"lish *ity *ommission support o+ the +unding reeived under award num"er 2#$4%
&J%B'%#4($ and authori)e the *ity Manager to aept and sign the award doument. A+ter the !rant has
"een aepted an appropriate "udget will "e esta"lished and ativity will "e reorded in New =orld
0ystems pro>et aounting "usiness unit --#5 polie grants. &J#4($.

Battle *ree8 *ity *ommission
23$(32#$4
A#tion $%mmay
$taff Membe" ?athy 0hley
&e'atment" 1olie
$(MMAR)
A Resolution approving the Edward Byrne Memorial Justie Assistane !rant num"er 2#$4%&J%B'%#4($
authori)ing the *ity Manager to sign the award doument +or the amount o+ ,5-.-5( +rom the /.0.
&epartment o+ Justie. O++ie o+ Justie 1rograms.
B(&GETAR) C*N$I&ERATI*N$
4he *ity o+ Battle *ree8 1olie &epartment will "e awarded ,-#.### o+ the total +ederal award. 4his
+ederal grant re9uires no math. =ith the +unding provided "y this grant Battle *ree8 1olie &epartment
will "e a"le to institute programs and ma8e tehnologial improvements.

HI$T*R), BACKGR*(N& and &I$C($$I*N
4he Edward Byrne Memorial Justie Assistane !rant :JA!; 1rogram is the primary provider o+ +ederal
riminal >ustie +unding to state and loal >urisditions. JA! +unded pro>ets may address rime "y
improving the e++etiveness and e++iieny o+ riminal >ustie systems. proesses. and proedures. 4he
JA! 1rogram allows loal governments to support a "road range o+ ativities to prevent and ontrol rime
"ased on their own loal needs and onditions.

4he Edward Byrne Memorial Justie Assistane !rant :JA!; 1rogram is the primary provider o+ +ederal
riminal >ustie +unding to state and loal >urisditions. JA! +unded pro>ets may address rime "y
improving the e++etiveness and e++iieny o+ riminal >ustie systems. proesses. and proedures. 4he
JA! 1rogram allows loal governments to support a "road range o+ ativities to prevent and ontrol rime
"ased on their own loal needs and onditions.

&I$C($$I*N *+ THE I$$(E

,*$ITI*N$
4he *hie+ o+ 1olie reommends approval
A44A*@MEN407
Aile Name &esription
Scan_2014_09_09_14_16_20_002.pdf Award doc

Resolution
NO. 255
A Resolution appointing new members to the Fremont, McKinley, Verona Neighborhoo !lanning "ouncil #N!"
$%&.
BATTLE CREEK, MICHIGAN - '()*(2+)%
,he -ollowing is being newly appointment the Fremont, McKinley, Verona Neighborhoo !lanning "ouncil #N!"
$%&

Name Aress ,erm ./pires
0im 1alwin %* .li2abeth 3treet 4ecember %, 2+)%

1attle "ree5 "ity "ommission
'()*(2+)%
Action Summary
Staff Member: 4awn 3horter
e!artment: "oe "ompliance
S"MMAR#
A Resolution appointing new members to the Fremont, McKinley, Verona Neighborhoo !lanning "ouncil #N!"
$%&.

,he "ity "ommission is the appointing authority -or Neighborhoo !lanning "ouncils pursuant to Resolution %26,
ate No7ember 2+, )'8'. 9t appoints base on the recommenations o- the ini7iual Neighborhoo !lanning
"ouncil. Any person ha7ing emonstrable or substantial interest within the e-ine bounaries o- the "ouncil area
may be appointe upon recommenation by sai "ouncil.

'$SITI$NS
A,,A":M.N,3;
File Name 4escription
NPC_#4_term_list.pdf NPC #4 Membership List
Name Address City State Zip Term Expires
Sherry Sofia 249 Garfield Ave Battle Creek MI 49017 12/4/2014
J ohn Hennink 36 Orchard Pl Battle Creek MI 49017 12/4/2014
Dave Salerno 147 N Wabash Ave Battle Creek MI 49017 12/4/2014
Marcia Austin 93 Harvard Battle Creek MI 49017 12/4/2014
Kim Yarger 280 Pleasantview Battle Creek MI 49017 12/4/2014
Chuck Yarger 280 Pleasantview Battle Creek MI 49017 12/4/2014
Tricha Grajek 177 Magnolia Battle Creek MI 49017 12/4/2014
J im Baldwin 46 Elizabeth Battle Creek MI 49017 12/4/2014
Helen Van Valkenburg 33 S Union St Battle Creek MI 49017 12/4/2015
Mark J ones 46 East Ave N Battle Creek MI 49017 12/4/2015
Kathleen Faris 25 Fremont Street Battle Creek MI 49017 12/4/2015
J ohn Walton 618 J oy Road Battle Creek MI 49017 12/4/2015
Rick Harrison 253 Cherry Street Battle Creek MI 49017 12/4/2015
Andy Helmboldt 303 Sherman Battle Creek MI 49017 12/4/2015
Dean Newsome 89 Guest Battle Creek MI 49017 12/4/2015
Charitable Union 85 Calhoun Battle Creek MI 49017 12/4/2015
David Nielsen 44 Latta Battle Creek MI 49017 12/4/2016
Mary Conklin 109 South Union Battle Creek MI 49017 12/4/2016
J onna Siano 32 Woodmer Battle Creek MI 49017 12/4/2016
J ohn Whittaker 32 Woodmer Battle Creek MI 49017 12/4/2016
Daniel Rall 19 Charlotte Street Battle Creek MI 49017 12/4/2016
Laurie Sullivan 130 Frelinghuysen Battle Creek MI 49017 12/4/2016
Nathan Gajek 177 Magnolia Battle Creek MI 49017 12/4/2016
Updated 9/8/14
Fremont/McKinley/Verona Neighborhood Planning Council

Resolution
NO. 256
A Resolution appointing a member to the Special Assessment Review Board.
BATTLE CREEK, MICHIGAN - 9!62"!#

$his Resolution appoints $amm% Reed& #"2 'cAllister Road& Battle (ree)& to the Special Assessment Review Board
to *ill a vacanc% due to the resignation o* +alt 'c,lro% with a term to e-pire on October 29& 2"!5.

Battle (ree) (it% (ommission
9!62"!#
A#tion $%mmay
$taff Membe" 'ichelle Redman
&e'atment" (it% 'anager
$(MMAR)
A Resolution appointing a member to the Special Assessment Review Board.
None.

An ordinance establishing the Special Assessment Review Board was adopted b% the (it% (ommission on September
.& !9/5. $he Board0s purpose is to review and authori1e single lot assessments *or e-penses chargeable against such
premises and the owners thereo*. 2ive members serve *or two3%ear terms. No member shall serve more than two
consecutive *ull terms.

&I$C($$I*N *+ THE I$$(E

,*$ITI*N$
A$$A(4'5N$S6
2ile Name 7escription
SPECIAL_ASSESSMENT_REVIEW_BOARD.pdf Special Assessment Reie! B"a#d
SPECIAL ASSESSMENT REVIEW BOARD

Authorization: Resolution No. 337, approved September 3, 1985, adopting
Ordinance No. 23-85, establishing said Board.

Appointing Authority: Mayor/Commission.

Purpose: To review and authorize single lot special assessments for
expenses chargeable against such premises and the owners thereof.

Members: Five (5) by Resolution No. 457, dated October 29, 1985.

Term: Two (2) years, except the initial appointments shall provide that
the members select a Vice-Chairperson and one other member
shall be appointed for initial terms of one (1) year and subsequent
terms of two (2) years. No member shall serve more than two
consecutive full terms. Current terms expire October 29, 2015.

Special Requirements: None. Compensation: None.

Name Address

Mary Lou Ramon 110 S. 23
rd
Street
Linda Brizendine 278 Hunter Street
Elwood Priess 204 Lakeshire Road
Walt McIlroy 1661 W. Michigan Avenue
Albert Morehart 138 Brandywood Lane

City Staff

Gail Budrow-Bradstreet, City Treasurer

Karen Diver, Utility Billing

2/5/14 mr

Resolution
NO. 257
A Resolution recognizing Battle Creek Pride as a non-profit local civic organization in te co!!unit".
BATTLE CREEK, MICHIGAN - #$%&$2'%(
Resolved by the Commission of the City of Battle Cee!)

*at Battle Creek Pride +ill ,e olding a raffle to elp raise funds for outreac progra!!ing- and

Battle Creek Pride is atte!pting to o,tain a carita,le ga!ing license fro! te .tate of /icigan Bureau
of .tate 0otter"1 Carita,le 2a!ing 3ivision- and

Battle Creek Pride1 +ic conducts its principal activities in te Cit" of Battle Creek1 is recognized as a
non-profit local civic organization for te purpose of te *ra4ler-/cCaule"-Bo+!an Bingo Act1 /C0
(52.%'% et se6.

Battle Creek Cit" Co!!ission
#$%&$2'%(
A"tion #$mmay
#taff Membe% 7ictoria 8ouser
&e'atment% Cit" Clerk
#(MMAR)
A Resolution recognizing Battle Creek Pride as a non-profit local civic organization in te co!!unit".
B(&GETAR) C*N#I&ERATI*N#
None.

HI#T*R), BACKGR*(N& and &I#C(##I*N
9n order for a non-profit local civic organization to o,tain a Carita,le 2a!ing 0icense fro! te state1 te
la+ re6uires tat te local !unicipalit" +ere te organization as its ,usiness address adopt a resolution
of recognition. Adopting suc a resolution +ill per!it te organization to o,tain a Carita,le 2a!ing
0icense so as to old fund raising events consistent +it te ga!ing rules pro!ulgated ," te state.

&I#C(##I*N *+ THE I##(E

,*#ITI*N#
*is resolution recognizes Battle Creek Pride as a non-profit local civic organization so as to per!it it to
o,tain a Carita,le 2a!ing 0icense fro! te .tate Bureau of 0otter"1 Carita,le 2a!ing 3ivision. A
revie+ of te docu!ents supplied to te Cit" ," te organization indicates tat te recognition as a non-
profit local civic organization ave ,een !et.

A**AC8/:N*.)
;ile Na!e 3escription
Articles_of_Incoorporation.pdf Articles of Incorporatoin
BY-Laws_-_Signed.pdf BC Pride Bylaws
Internal_Revenue_Service_IRS!_Letter_of_"#e$ption.pdf IRS %&'c!(! Letter

Resolution
NO. 258
A Resolution authorizing the Mayor to execute an employment agreement with Rebecca L. leury !or the
position o! "ity Manager.
BATTLE CREEK, MICHIGAN - #$%&$2'%(
Resolved by the Commission of the City of Battle Cee!)

*he +attle "ree, "ity "ommission -ote. on August 2&/ 2'%(/ to appoint Rebecca L. leury as "ity
Manager !or the "ity/ sub0ect to negotiation o! mutually acceptable terms an. con.itions o! employment1
an.

Rebecca L. leury .esires to be employe. by the "ity "ommission as its "ity Manager/ an. the "ity
"ommission .esires to pro-i.e certain bene!its an. establish certain terms an. con.itions o! Ms. leury2s
employment as "ity Manager1

*his Resolution authorizes the Mayor to execute the attache. employment agreement on behal! o! the
+attle "ree, "ity "ommission.

+attle "ree, "ity "ommission
#$%&$2'%(
A"tion #$mmay
#taff Membe% 3ill 4umphreys 5teele/ "ity Attorney
&e'atment% "ity Attorney
#(MMAR)
A Resolution authorizing the Mayor to execute an employment agreement with Rebecca L. leury !or the
position o! "ity Manager.

*he "ity "ommission/ by motion at the August 2&/ 2'%(/ 5pecial "ity "ommission meeting/ authorize.
the Mayor to enter into contract negotiations with Rebecca leury !or the position o! "ity Manager. *hose
negotiations ha-e been complete./ an. the propose. contract is submitte. to the "ommission !or appro-al
an. authorization !or the Mayor to sign. *he propose. 6mployment Agreement is attache. to/ an.
incorporate. into/ this Resolution.

&I#C(##I*N *+ THE I##(E

,*#ITI*N#
A**A"4M6N*5)
ile Name 7escription
Fleury_Manager_Contract_FINAL_9.11.14.pdf Fleury Employment Agreement

CITY MANAGER EMPLOYMENT AGREEMENT

This Employment Agreement ("Agreement") is made and entered between the City of Battle
Creek ("City"), Michigan, a home rule city and a municipal corporation organized pursuant to the
laws of the State of Michigan, and Rebecca L. Fleury, ("Ms. Fleury").

Recitals

The Battle Creek City Commission (City Commission) voted on August 26, 2014, to appoint
Rebecca L. Fleury as City Manager for the City, subject to negotiation of mutually acceptable terms
and conditions of employment; and

Rebecca L. Fleury desires to be employed by the City Commission as its City Manager, and the
City Commission desires to provide certain benefits and establish certain terms and conditions of
Ms. Fleury's employment as City Manager;

THEREFORE, in consideration of the mutual covenants contained in this Agreement, the
City and Ms. Fleury agree to the following:

Terms and Conditions of Employment:

Section 1. Duties and Responsibilities.

The City Commission agrees to employ Rebecca L. Fleury and she agrees to be employed as City
Manager and perform all the duties, responsibilities, and functions of City Manager as set forth in
the City Charter, the City Code of Ordinances, and as otherwise directed by the City Commission
and applicable law.

Section 2. Term of Employment; Termination.

This Agreement shall be effective as of Ms. Fleury's first day of active employment, which shall be
on October 1, 2014, and shall continue in effect, except as modified or amended
pursuant to Section 18, unless and/or until terminated pursuant to Paragraphs, B, C, D, F or G
below.

A. The parties agree that Ms. Fleury shall at all times hold the office of City Manager at
the will and pleasure of the City Commission and that she will not be covered by any
other agreement, civil service provisions or labor contract unless termination or
resignation is effected as provided in this agreement. She is deemed to be an at-will
employee of the City Commission and this Agreement shall not be interpreted as
creating an agreement or contract of employment for any specific term of days,
months or years. Ms. Fleury agrees to devote full time to her duties as City Manager.

Ms. Fleury agrees to carry out the duties of City Manager in an efficient and
conscientious manner and exercise her discretion and judgment in the best interests
of the City at all times in accordance with generally accepted standards applicable to
her position. It is recognized that Ms. Fleury must devote a great deal of time outside
the normal office hours on business for the City, and to that end Ms. Fleury shall be
2
allowed to establish an appropriate work schedule satisfactory to the City

Commission.

B. Ms. Fleury shall have the right to voluntarily terminate this Agreement, and
voluntarily resign or retire from the position of City Manager by giving 30 calendar
days advance written notice to the City Commission. The City shall have no
obligation to pay a separation payment as set forth in below subsection C if Ms.
Fleury voluntarily resigns or retires. The City retains the right to relieve Ms. Fleury
of all job obligations and performance at any time during the 30-day period by
paying Ms. Fleury the base salary installments that would be earned during the
remainder of the 30-day notice period.

C. The City Commission shall, upon giving written notice to Ms. Fleury, have the right
to immediately terminate this Agreement, the parties' employment relationship, and
the services of Ms. Fleury, without cause or reason ("at-will"). Nothing in this
Agreement shall be construed as interfering with or altering this right. If the City
Commission terminates the Agreement and the services of Ms. Fleury without cause,
she shall receive a lump sum separation payment equal to six (6) months' salary (the
separation payment). In addition, Ms. Fleury shall be paid for any unused vacation
days that she has accumulated (as set forth in Section 7) as of the Agreement's
effective termination date. Termination without cause, for purposes of this
agreement, shall include, but not be limited to, the following circumstances: 1)
should the citizens or legislature act to amend any provisions of the City Charter, or
enabling legislation that substantially changes the current manager-council form of
government, Ms. Fleury shall have the right to declare that such amendments
constitute termination; 2) the majority of the City Commission votes to terminate
Ms. Fleury for any reason at a duly authorized public meeting (excluding
circumstances outlined in paragraph D of this section).

D. The City Commission shall, upon giving written notice to Ms. Fleury, have the right
to immediately terminate this Agreement, the parties' employment relationship, and
the services of Ms. Fleury for cause or reason. If the City Commission terminates
this Agreement for cause, Ms. Fleury will not receive any separation payment except
that she shall be paid for any unused earned vacation days that she has accumulated
(as set forth in Section 7) as of the Agreement's effective termination date.

For purposes of this Agreement, "cause" will exist if Ms. Fleury commits/engages in
an illegal act in connection with her employment as City Manager, any breach of this
Agreement, is insubordinate (defined as intentionally refusing to perform a directive
of a majority of the City Commission, through a vote at a legally constituted
meeting, that is within its authority under State law and the City Charter), any act of
moral turpitude, any felony charge, any conviction of a misdemeanor which a
majority of the City Commission determines reflects negatively upon the City,
misuse of the position of City Manager for personal gain or benefit, or falsification
of City records. Additionally, for purposes of this section, cause means, without
Ms. Fleurys consent, the City shall have (i) assigned to Ms. Fleury duties
substantially inconsistent with the City Managers position, responsibility, and status
3
or substantially changed Ms. Fleurys authority, duties or reporting responsibilities,

or (ii) the City reduces Ms. Fleurys compensation and/or benefits.

E. Regardless of which party exercises its right to terminate the Agreement and the
parties' employment relationship pursuant to either (B), (C) or (D) above or (F) or
(G) below, Ms. Fleury understands and acknowledges that all benefits described
herein (or any other benefits that she may be receiving from the City), shall cease
and be discontinued effective on the last day of the month in which the Agreement
and the parties' employment relationship is terminated (except as otherwise required
by law).

F. Except as otherwise provided in this Agreement the City may, at its option, terminate
Ms. Fleurys employment immediately by giving notice to her, or if Ms. Fleury is, or
may be, unable to read and understand the notice, to her spouse or legal
representative, following passage of a period of six months in which Ms. Fleury is
unable to perform the essential functions of the job of City Manager with or without
reasonable accommodation by the City. In the event of termination of this
Agreement due to Ms. Fleurys disability, the City shall not be obligated to make a
separation payment under this Agreement. Upon exhausting paid vacation days, any
remaining portion of the six-month period will be without pay, unless Ms. Fleury is
eligible for benefit payments pursuant to City benefit plans or programs referenced
in Section 6.

G. Ms. Fleurys employment shall terminate automatically and without notice upon her
death. In the event of Ms. Fleurys death, the City will have no obligation to make
any separation payment to Ms. Fleurys estate, but the City shall pay to Ms. Fleurys
estate any unused earned vacation days that she has accumulated (as set forth in
Section 7 and subject to the same terms and conditions).

H. Ms. Fleury is encouraged to reside within the City limits. Ms. Fleury is required,
consistent with Michigan Public Act 212 of 1999, to establish a residence no more
than 20 miles from the nearest corporate boundary of the City.

Section 3. Other Employment Prohibited.

Except as set forth below, Ms. Fleury agrees that she may not be an employee, consultant,
independent contractor, director, or the agent (whether paid or unpaid) of any other person, firm,
corporation, or municipal, political, or other legal entity of any kind during her employment with
the City. However, Ms. Fleury may engage in civic and charitable activities that do not interfere
with her employment under this Agreement and that do not conflict with the City's interests. This
section shall not be construed to prohibit, after approval of the City Commission, occasional
teaching or writing for which Ms. Fleury may be compensated and which is performed on her own
time provided such does not materially interfere with her employment and duties as City Manager.

4
Section 4. Salary.

The City Commission agrees to pay Ms. Fleury, and Ms. Fleury shall accept as full compensation
for all services rendered or contemplated by this Agreement, a base salary at the annual rate of
$125,000 per year (subject to all legally required withholdings), payable in approximately equal
installments at such intervals as are consistent with the City's pay periods for regular salaried
employees.

Ms. Fleury's base salary shall be reviewed in 2015 and thereafter on an annual basis. It may be
adjusted upward or downward on an annual basis thereafter at the discretion of the City
Commission. The performance evaluation described in Section 5 and City budgetary constraints
will each be considered by the City Commission when making its decision regarding yearly salary
and compensation adjustments for Ms. Fleury.

Section 5. Job Performance Evaluation.

The City Commission shall complete an evaluation of Ms. Fleury's job performance on an annual
basis. The annual review process shall include the opportunity for both parties to: (1) prepare a
written evaluation, (2) meet and discuss the evaluation, and (3) present a written summary of the
evaluation results. The evaluation shall be in accordance with specific criteria developed jointly and
approved by the City Commission and Ms. Fleury, and communicated to Ms. Fleury at the
beginning of the evaluation period. Said criteria may be added to or deleted from as the City
Commission may from time to time determine, in consultation with Ms. Fleury.

In conformity with the Michigan Open Meetings Act, MCL 15.268(a), Ms. Fleury may request that
the City Commission or any committee appointed to evaluate the Employee meet in Closed Session
for all purposes permitted under the statute.

Section 6. Benefit Plans.

A. Deferred Compensation.
City agrees to make a contribution to Ms. Fleurys ICMA/RC 457 deferred
compensation plan in an amount equal to 3% of Ms. Fleury's base salary, not to
exceed the caps and limitations of the Economic Growth and Reconciliation Act of
2001, and paid at such intervals as are consistent with the City's pay periods for
regular salaried employees during her employment but not during any period of
separation or disability payments. Ms. Fleury may make any additional contributions
to the plan as allowed or permitted by the Internal Revenue Code and regulations.

B. Pension/Retirement Benefit.
Ms. Fleury shall participate in the Employee Retirement System upon the
commencement of her employment with the City on the same terms and conditions
as other non-bargaining City of Battle Creek employees in Division 15, City
Manager, of the City Pension Plan, which the City recognizes as a separate and
distinct division for pension benefits. Except as provided above, Ms. Fleury's
pension benefit shall be calculated consistent with and paid out in the same manner
as that provided to other non-bargaining unit Retirement System members retiring at
5
the same time. The provisions of this paragraph shall survive the termination of this
Agreement.

C. Health Care and Dental Insurance and Other Benefits.
Ms. Fleury shall be entitled to all benefits provided to the non-represented employee
group as set forth in provisions of the City Charter and City Administrative Code,
and shall be subject to all of the same conditions and restrictions including, but not
limited to, health and dental insurance, longevity pay, holidays, vacation leave,
disability and health insurance, and other fringe benefits (including, but not limited
to, a cell phone stipend in accordance with the current City policy, the amount of
which is treated as taxable income to Ms. Fleury, and the use of a City-owned laptop
and tablet device, which shall remain the property of the City), and working
conditions as they now exist or hereafter may be amended, in addition to benefits
enumerated specifically in this agreement for the benefit of Employee, except as
otherwise modified by this Agreement.

Ms. Fleury shall be required to participate in the Retirement Health Savings Plan
provided by the City, subject to the terms and conditions set forth in the plan
document.

D. Life Insurance.
The City agrees to provide Ms. Fleury during her employment with the City pursuant
to the terms of this Agreement a term life insurance policy in the amount of
$125,000, with the amount of the premium for that portion of the policy value
exceeding $50,000 (subject to adjustment consistent with IRS code revisions) being
treated as taxable income to Ms. Fleury.

Section 7. Paid Vacation.

Notwithstanding the provisions of 294.04 of the Battle Creek Ordinances, Ms. Fleury will be
granted three weeks (120 hours) of paid vacation upon beginning her employment pursuant to this
Agreement and each year thereafter on the anniversary date of her beginning employment. This
amount shall be increased to four weeks (160 hours) of paid vacation after two full years of
employment with the City pursuant to this Agreement until such time as she has reached the next
increase based upon her years of service as provided in 294.04. Paid vacation hours shall be
subject to the same limitations as set out in the Citys Vacation Policy for non-represented
employees effective 1/01/08. Vacation hours accumulated in excess of the limit set out in this policy
shall be deemed forfeited by Ms. Fleury at no cost to the City. At no time will Ms. Fleury be
permitted to take more than two consecutive weeks (10 working days) of vacation time without the
City Commission's prior approval.

Section 8. Automobile.

Ms. Fleury requires use of an automobile in carrying out her duties as City Manager. In
consideration of the cost of operating her personal vehicle, a $300.00 per month car allowance is
granted, payable in installments at the same time as other City employees are paid. In addition, only
for round trips of 100 miles or more, Ms. Fleury is granted mileage payments as allowed under the
6
Travel Policy of the City. Ms. Fleury shall be solely responsible for the payment of any income tax
liability that may arise from the benefits provided to her under this section.

Section 9. Professional Development.

The City will pay for or reimburse Ms. Fleury's reasonable costs of attending (a) conferences,
conventions, seminars and meetings (including, but not limited to, registration and travel and
subsistence expenses) for professional development related to the administration and management
of the City including, but not limited to, International City Managers Association (ICMA) Annual
Conference, Michigan Municipal League, and such other national, regional, state, and local
governmental groups and committees of which Ms. Fleury is a member and which specifically
benefit the City, and (b) official functions for and on behalf of the City; however, any
reimbursement for the use of Ms. Fleurys automobile shall be limited to that provided in above
Section 8. Ms. Fleury commits to securing certification through ICMA as a Credentialed Manager
as soon as practicable. The City agrees, subject to budgetary constraints, to pay for professional
dues and subscriptions, for the continuation and full participation by Ms. Fleury, specifically
including ICMA and Michigan Local Government Management Association (MLGMA) and others
as may be desirable for her continued professional participation, growth and advancement, and for
the good of the City.

Section 10. Moving Expenses.

Ms. Fleury shall be reimbursed reasonable moving expenses associated with the move of her
primary residence from Richland to within the corporate limits of the City of Battle Creek.
Reimbursement shall not exceed the sum of Three Thousand Dollars ($3,000), and is conditioned
on Ms. Fleury establishing residency inside the corporate limits of the City of Battle not later than
October 1, 2016; provided, however, that Ms. Fleury shall be permitted additional time to move
beyond October 1, 2016, if she demonstrates best efforts to sell her existing residence and the City
Commission waives or grants an extension of time for such relocation to the City. If at any time
during the term of this employment Agreement Ms. Fleury shall move out of the corporate limits of
the City of Battle Creek after having been reimbursed for moving expenses as provided in this
paragraph, then she shall be obligated to repay said reimbursement to the City within 30 days of
written demand by the City.

Section 11. Bonding.

The City shall bear the full cost of any fidelity or any other bonds required of the City Manager
under law or ordinance.

Section 12. Indemnification and Hold Harmless.

Except as otherwise provided in this Section, the City agrees to defend, save harmless and
indemnify Ms. Fleury against any tort, professional liability claim or demand or other legal action,
whether groundless or otherwise, arising out of an alleged act or omission occurring in the
performance of Ms. Fleurys duties as City Manager or resulting from the exercise of judgment or
discretion in connection with the performance of program duties or responsibilities. The City shall
provide legal representation at the Citys selection and expense. Legal representation, as provided
7
by the City for Ms. Fleury pursuant to this Section, shall extend until the final determination of the
legal action including any appeals brought by any party. The City shall indemnify Ms. Fleury
against all losses, damages (except punitive damages), judgments, interest, settlements, fines, court
costs and any other reasonable costs and expenses of legal proceedings including attorneys fees,
and any other liabilities incurred by, imposed upon, or suffered by Ms. Fleury in connection with or
resulting from any claim, action, suit or proceeding, whether actual or threatened, arising out of or
in connection with the performance of her duties. Any settlement of any claim must be made with
prior approval of the City in order for indemnification, as provided in this Section 12, to be
available.

Ms. Fleury recognizes that the City shall have the right to compromise and settle any claim or suit
unless said compromise or settlement is of a personal nature to Ms. Fleury. Further, the City agrees
to pay all reasonable litigation expenses of Ms. Fleury throughout the pendency of any litigation
with Ms. Fleury as a party, witness or advisor to the City pursuant to this Section. Such expense
payments shall continue beyond Ms. Fleurys service to the City as long as litigation is pending.
Further, the City agrees to pay Ms. Fleurys reasonable and necessary consulting fees and travel
expenses (subject to the limitations set out in above Section 8) when Ms. Fleury serves as a witness,
advisor or consultant to the City regarding pending litigation.

Notwithstanding any other provision of this Section, the obligations of the City under this Section
do not exist if an act or omission on the part of Ms. Fleury gives rise to a claim asserting a criminal
action, an intentional tort, willful or wanton misconduct, or gross negligence.

Section 13. Limitations of Remedies.

Ms. Fleury agrees that, because of the high level position that she holds, reinstatement of
employment as City Manager shall not be available as a remedy for any claimed breach of this
Agreement or other dispute arising from or out of the termination of the employment relationship.
Pursuant to this Agreement, Ms. Fleury agrees to waive any statutory or common law rights to the
contrary.

In addition, in the interests of speedily resolving any disputes arising hereunder or regarding the
employment relationship in general (including Ms. Fleury's separation from employment), both
parties agree that they are precluded from commencing any action or suit in any judicial or quasi-
judicial forum more than six months after the date of termination of this Agreement and/or Ms.
Fleury's employment, and both parties specifically agree to waive any applicable statute of
limitations periods to the contrary.

Section 14. Choice of Law.

This Agreement shall be construed and enforced in accordance with the laws of the State of
Michigan.

Section 15. Severability.

If any provision of this Agreement is determined by a court of competent jurisdiction to be
unenforceable for any reason, then the unenforceable provision shall be severed from the
8
Agreement and the remaining provisions shall be enforced as though the unenforceable provision
were not a part of the Agreement.

Section 16. Assignment.

This Agreement shall benefit the City and its successors and assigns. This Agreement, however, is
personal to Ms. Fleury, upon whose reputation and skill the City is relying by entering this
Agreement, and may not be assigned by Ms. Fleury.

Section 17. No Implied Waivers.

The failure of either party to insist upon strict performance of any portion of this Agreement shall
not be considered a waiver of either party's right to such performance and shall not prevent either
party from subsequently insisting upon strict performance of any provision.

Section 18. Entire Agreement.

This Agreement constitutes the entire agreement between the parties relating to the City's
employment of Ms. Fleury as City Manager of the City. Any and all prior or contemporaneous
understandings, promises, representations, or agreements, written or oral, are void and
unenforceable, and barred by execution of this Agreement. No modification or amendment to this
Agreement shall be effective unless formal action is taken by the City Commission to so modify
and/or amend this Agreement and such modification or amendment is reduced to writing and signed
by the Mayor and Ms. Fleury.

In particular, but without limitation, Ms. Fleury acknowledges that no oral representations
concerning the length or other terms of her employment were made prior to the execution hereof,
that she has not been furnished any conflicting handbook or policy applicable to her in her capacity
as an employee of the City, and that she shall not rely on any assurance or promises relating to her
employment relationship with the City (whether written or oral) made hereafter unless they are the
product of a formal action taken by the City Commission and thereafter reduced to a writing signed
by the Mayor of the City.

Dated: ___________________ ____________________________________
Rebecca L. Fleury
City Manager

Dated: ____________________ ____________________________________
Mayor Dave Walters
For the City of Battle Creek
Agreement Drafted By:
J ill Humphreys Steele (P53335)
City Attorney
10 N Division Street
Battle Creek, Michigan 49014

Resolution
NO. 259
A Resolution to move the City Commission Organizational Meeting followed by the Regular Meeting
sheduled for November !!" 2#!$" at %&'# (m" to )ednesday" November 5" 2#!$" at %&'# (m.
BATTLE CREEK, MICHIGAN - 9*!+*2#!$
Resolved by the Commission of the City of Battle Cee!&

,his Resolution amends the 2#!'-2#!$ City Commission shedule ado(ted at the November !2" 2#!'"
Organizational meeting to move the Organizational Meeting followed by the Regular Commission
meeting from ,uesday" November !!" 2#!$" at %&'# (m. to )ednesday" November 5" 2#!$" at %&'# (m" in
the Commission Chambers.

.attle Cree/ City Commission
9*!+*2#!$
A"tion #$mmay
#taff Membe% 0usan 1. .edsole" 2nterim City Manager
&e'atment% City Manager
#(MMAR)
A Resolution to move the City Commission Organizational Meeting followed by the Regular Meeting
sheduled for November !!" 2#!$" at %&'# (m" to )ednesday" November 5" 2#!$" at %&'# (m.
None.

3ursuant to the Charter of the City of .attle Cree/ 40etion 2.95" the .attle Cree/ City Commission at
their Organizational Meeting held November !2" 2#!'" a((roved the shedule for the 2#!'-2#!$ City
Commission year. ,y(ially Commission meetings are held the first and third ,uesday of the month.
6owever" the first ,uesday in November is the 7eneral 1letion on November $8 therefore" the meeting
was moved to the seond ,uesday of the month when the shedule was set. 9nfortunately it was not
realized the seond ,uesday fell on :eteran;s <ay. ,herefore" it is neessary to move the November !!"
2#!$" Organizational meeting followed by the Regular Commission Meeting to )ednesday" November 5"
2#!$.

&I#C(##I*N *+ THE I##(E

,*#ITI*N#
A,,AC6M1N,0&
=ile Name <esri(tion
No Attachments Available

Resolution
NO. 260
A Resolution setting a Closed Session of the City Commission on a legal matter.

hat a Closed Session of the City Commission shall !e held immediately follo"ing the regular City
Commission #eeting of uesday$ Se%tem!er 16$ 2014$ in Room &02A$ City 'all$ (attle Cree)$ #i*higan$
as %ermitted under Se*tion + ,e- .o *onsult "ith its attorney regarding trial or settlement strategy in
*onne*tion "ith s%e*ifi* %ending litigation$ !ut only "hen an o%en meeting "ould ha/e a detrimental
finan*ial effe*t on the litigating or settlement %osition of the %u!li* !ody$. of A*t 260$ 1u!li* A*ts of 1906
of the State of #i*higan.

Susan (edsole is here!y a%%ointed as the designated se*retary to re*ord and %re%are a%%ro%riate minutes of
this Closed Session.

(attle Cree) City Commission
9/16/2014
A#tion $%mmay
$taff Membe" #i*helle Redman
&e'atment" City #anager
$(MMAR)
A Resolution setting a Closed Session of the City Commission on a legal matter.
None.

As %ermitted under Se*tion + ,e- .o *onsult "ith its attorney regarding trial or settlement strategy in
*onne*tion "ith s%e*ifi* %ending litigation$ !ut only "hen an o%en meeting "ould ha/e a detrimental
finan*ial effe*t on the litigating or settlement %osition of the %u!li* !ody$. of A*t 260$ 1u!li* A*ts of
1906 of the State of #i*higan$ and that Susan (edsole is here!y a%%ointed as the designated se*retary to
re*ord and %re%are a%%ro%riate minutes of this Closed Session.

&I$C($$I*N *+ THE I$$(E

,*$ITI*N$
AAC'#2NS3
4ile Name 5es*ri%tion

General Detail
NO.

Battle Creek City Commission
9/16/2014
Action Summary
Staff Member: Michelle Reman
e!artment: City Mana!er
S"MMAR#




'$SITI$NS
"##"C$M%N#&'
(ile Name Descri)tion

City Commission Agenda - 09.16.14

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City Commission Agenda - 09.16.14

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Agenda: Battle Creek City Commission

Meeting Date: September 16, 2014- 7:00 PM

allowed to establish an appropriate work schedule satisfactory to the City

or substantially changed Ms. Fleurys authority, duties or reporting responsibilities,

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