CALL TO ORDER CITY COUNCIL MEETING MINUTES 7:00 PM December 2, 2013 Cadillac City Hall 200 N. Lake St. - Cadillac, Michigan 49601. Mayor Barnett called the City Council meeting to order at approximately 7:00 PM. PLEDGE OF ALLEGIANCE ROLL CALL Council Present: Council Absent: Staff Present: Spoelman, Mellema, Schippers, Stevens, Mayor Barnett None Peccia, Dietlin, Roberts, Homier, Veddler, Wasson APPROVAL OF AGENDA 2013-321 Agenda approved as presented. Motion was made by Spoelman and supported by Stevens to approve the agenda as amended. The Proclamation section was moved to Item II on the agenda. PROCLAMATIONS A. Mayor Barnett presented a proclamation to the Cadillac Varsity Football Team. Several members of the team, coaching staff and parents were in attendance. Mayor Barnett pointed out that a new trend for the Council has been to watch what is going on with the youth in the community and recognize when they deserve attention, credit and recognition. He added that the City of Cadillac is very proud of Team #118, the coaching staff and the support crew for what they have accomplished. Head Coach Jim Webb thanked the City for recognizing Team #118 and added that it would not have been possible without the great group of young men, the assistant coaches, the administrative support, and the parental support. He also thanked the wives of the coaches for being understanding and supportive. He pointed out that the team represented the City well by having great character, great passion, and being fun to be around. Mayor Barnett called each member of the team forward to present them with the Proclamation. He pointed out the position they played and described their individual contributions to the team. Senior quarterback Jalen Brooks stated that he would not have been able to achieve his individual records without the coaching staff and his team members. He thanked all of the parents for their support and also thanked the many fans for their enthusiasm during the games.
Stevens pointed out that the Vikings Football Team members were ambassadors for the City of Cadillac and represented the City well. The Mayor presented Head Coach Jim Webb with a key to the City for his many years of excellence in coaching. Jo Spry, Superintendent, stated she is very proud of the team and stated that they are awesome ambassadors for CAPS. Rich Giddins, Athletic Director, noted that he has enjoyed the long tournament runs and stated that Cadillac is known throughout the State of Michigan because of the great teams we have had. PUBLIC COMMENTS The Mayor opened public comments and requested that comments are limited to 3 minutes. Connie Houk, from Prein and Newhof, noted that the Stormwater Asset Management and Wastewater (SAW) Grant application was submitted on December 2, 2013. She thanked the City staff for working with her organization to pull all of the numbers together for the grant application. Christine Barton, from Cadillac, stated that on December 12, 2013 the Cadillac Ethics Ordinance, established in June of 2012, disallowing certain behaviors of both City staff and elected officials will be put to the test during a hearing in response to a complaint filed against Officer Todd Golnick by Council member Doug Mellema. She added that the complaint states that the logo of the City of Cadillac was used on an endorsement letter supporting a mayoral candidate. Through this action, the impression was given that the City of Cadillac and its employees were endorsing a particular candidate. In addition, she pointed out that the letter may have also misrepresented the Police Command Officers Association. In her opinion, the City s Ethics Policy, Personnel Policy, and the Police Department Handbook would reflect judgments finding Det. Golnick s behavior questionable and inappropriate. Cynthia Wotila, from Cadillac, stated that after the election she had hoped that certain members of the Council and City officials would have received the message that people do not want to continue to be harassed and persecuted for expressing a different point of view. However, because of the complaint filed against Det. Golnick, it appears the he has been added to a long list of good citizens who have come under attack for speaking out. She noted that there is no basis for the complaint and the accusations are troubling on multiple levels. The Ordinance provides collective bargaining agreements that protect the rights of an officer or employee. She added that under State law, this Ordinance and the collective bargaining agreement allow unions to endorse a candidate of their choice. Ms. Wotila also questioned why one member was singled out from an organization that submitted a group endorsement. She also questioned why the Ordinance allows Mr. Peccia and Mr. Homier to determine the reasonableness of the complaint and also sit on the panel which hears the evidence and makes the final determination. She added that the logo has been used multiple times prior to the endorsement and a concern has never been expressed about it being misleading or problematic. The potential criminal repercussions are the most disturbing due to the checklist of procedural safeguards. Therefore, she questions how a hearing can be held without violating the due process rights of Det. Golnick. She requested that the complaint be dismissed or at the very least delay the hearing until these matters can be resolved.
Bo McCurdy, from Cadillac, stated the issue surrounding Det. Golnick is an overblown outrage. He added that his endorsement letter was legal and represented the majority of the members of the Police Command Officers Association. He pointed out that logo does not have trademark and has been used numerous times. He added that the City has no right to interfere in union business and he requested that the issue be stopped before it creates another round of litigation for the City. Carla Filkins, from Cadillac, stated she is concerned about the proposed adoption of Resolution No. 2013-3039 to Establish the Position of Director of Law Enforcement Services and Abolish the Position of Public Safety Director. She pointed out that she has not heard any past discussion about creating such a position and, therefore, is concerned about the abrupt nature in which it is being brought through the Council. She noted that it would eliminate a long-standing position and noted that it should be afforded an ample amount of time for public hearings, discussions, and comments so everyone can understand why the City would want to change the title and what the qualifications are for the newly created position. Ms. Filkins added that the creation of this position was not part of the recommendations suggested in the study that was paid for by the City. She noted that this decision may violate Act 78 and suggested that Council should request a legal opinion regarding this question. She added that if a legal opinion has already been prepared then it should be shared and made public for review. She urged the Council not to try to accomplish something in haste which could potentially put the City at risk for further litigation. Jim McGuire, from Haring Township, stated that he has been appalled at the nit-picking and undercutting by Council Member Mellema and Mayor Barnett. He added that these actions do not speak well for the community and lead to dissention. The Mayor closed Public Comments. CONSENT AGENDA 2013-322 Consent agenda approved. Motion was made by Spoelman and supported by Schippers to approve the Special Meeting minutes and the City Council minutes from November 18, 2013. PUBLIC HEARING A. Public hearing to adopt Resolution No. 2013-3036 to approve an application from Avon Automotive for an Industrial Facilities Tax Exemption Certificate in the amount of $4,067,235.55. Greg Spencer, General Manager Avon Automotive, noted that the application is meant to retain 395 positions in Cadillac and is necessary to make the business competitive. Peccia added that the tax reduction is for 12 years. Stevens pointed out that it has been a record-setting year with over $17 million in new investments. He thanked Avon Automotive and its employees for doing business in Cadillac. 2013-323 Approve IFT Application for Avon Automotive. Resolution No. 2013-3036.
Motion was made by Stevens and supported by Schippers to adopt Resolution No. 2013-3036 to approve the application from Avon Automotive for an Industrial Facilities Tax Exemption Certificate in the amount of $4,067,235.55. COMMUNICATIONS APPOINTMENTS A. Recommendation regarding reappointments to the Courthouse Hill Historic District Commission and the Zoning Board of Appeals. Two (2) individuals were recommended for reappointment to the Courthouse Hill Historic District Commission for three (3) year terms: Jill Brown who has been serving on the Commission for eight (8) years and Nan Taylor who has been serving for six (6) years. In addition, it was recommended that Larry Bontrager be reappointed for a three (3) year term to the Zoning Board of Appeals. Mr. Bontrager has been serving on the ZBA for the past ten (10) years. 2013-324 Approve reappointments to the Courthouse Hill District Commission and the ZBA. Motion was made by Spoelman and supported by Mellema to approve the reappointments of Jill Brown and Nan Taylor to the Courthouse Hill District Commission for a period of three (3) years expiring on December 31, 2016 and Larry Bontrager to the Zoning Board of Appeals for a period of three (3) years expiring on January 1, 2017. COMMUNITY SPOTLIGHT A. Cadillac Honor Guard Steve Birdwell, Co-commander of the Cadillac Honor Guard, pointed out that the group has been around since 1996. It began as a quest to assemble a group of twenty (20) individuals to serve at the funerals of military personnel and now there are forty-one (41) members. He stated the current uniforms are outdated and asked if the City can help the group raise money to purchase new uniforms. He added that they have been approved through the Cadillac Community Foundation for a $9,000 grant if they are able to raise the additional $18,000. He noted that the group has already raised nearly $10,000. Mr. Birdwell added that, in addition to funerals, the group is active in the community events including: Fourth of July Parade, Memorial Day Service, Fall Festival, Freedom Festival, and Back to the Bricks, school involvement, flag presentations, and bringing the Wall to Cadillac. He showed a picture of the proposed new uniform and stated that they are looking at a company in Ohio that will guarantee availability of the uniforms for many years to come. He discussed an upcoming fundraiser in January 2014 and noted that tax deductible donations can made at VFW Post 6864. If they are able to raise the funds, the group plans to debut the new uniforms at the 2014 Memorial Day Parade. Mayor Barnett suggested that the City should consider providing some funding to the Honor
Guard in recognition of the many veterans in the community. CITY MANAGER S REPORT A. Cadillac Leadership Project announcement. Katelyn Richard, from Baker College, stated that the Leadership Class selected an Americans with Disabilities Act (ADA) compliant play structure for its 2013-2014 project. She pointed out that the City does not have an ADA compliant play structure and it has received a grant from the Department of Natural Resources for this project. The goal of the Leadership Class is to contribute to this effort by raising the additional funds necessary to plan and construct the play structure. She requested that Council support the project and become their community partner. Several additional members of the Leadership Class were in attendance: Rae Berwald (McGuire s Resort), Steve Drabik (9&10 News/Fox 32), Josh Hesselink (Piranha Hose Products), Laura Hoisington (Wolverine Power Cooperative), Jeff Jennette (Wexford- Misaulee ISD), Jenni Johnson (Harbor View Apts.), Jon Johnson (Wolverine Power Cooperative), Laura Johnson (Rec Boat Holdings), Tac Lee (Rexair LLC), Buster McClure (Rexair LLC), Dan Miller (Piranha Hose Products), Jennifer Neff (Avon Protection Systems), Kelli Schutte (Mercy Hospital Cadillac). Mayor Barnett thanked the Leadership Class members for serving on the committee and for providing the City with this wonderful gift. Deb Gillis, Leadership Director, thanked her group for the hard work through the decision process and added that they are looking forward to enhancing the park area for the community through this project. Stevens thanked the group for their many great projects throughout the years. Schippers noted that this project is special to her because an ADA compliant playground is not only accessible to handicapped children but is also accessible to handicapped parents. Spoelman asked if any the existing playground equipment would remain. Peccia stated that the final design is not complete but there have been discussions about relocating some of the existing equipment. The Leadership Class will host fundraisers for this project throughout the year. 2103-325 Approve Lakefront Play Project. Motion was made by Schippers and supported by Mellema to approve the Lakefront Play Project as presented and authorize the signing of the Community Partner Agreement. B. Amendment to Poverty Exemption Policy. Peccia pointed out that the Poverty Exemption Policy is amended annually. The amendment under consideration is an update to the Poverty Guideline Chart. Stevens noted that the State of Michigan requires that the new Federal Poverty Guidelines be approved annually by the
Council. He explained that the policy is what the local unit uses for granting hardship (poverty) exemptions. He credited the City and Rick Charmoli of the Cadillac News for publicizing information about various types of assistance available including property tax relief and heating credits. 2013-326 Amend Poverty Exemption Policy. Motion was made by Schippers and supported by Spoelman to approve the amendment to the Poverty Exemption Policy as presented. C. Cadillac Housing Commission compensation change request. Peccia stated that the Cadillac Housing Commission is requesting an adjustment in compensation. The Personnel Committee recommended a 3.5% wage increase for 2014. Judy Myers stated that the wage increase is for all employees of the Cadillac Housing Commission. 2013-327 Approve Cadillac Housing Commission compensation change request. Motion was made by Schippers and supported by Mellema to approve the Cadillac Housing Commission compensation change request as presented. D. Schedule goal-setting Work Session. Peccia pointed out that the Council had begun developing City goals in the fall of this year. He noted that a follow-up meeting was discussed but never scheduled. He recommended a 5:30 start on December 16, 2013 and noted that one of the Council members will not be able to attend. Spoelman stated that she sent a list of proposed goals in advance of the meeting since she will not be in attendance. 2013-328 Schedule goal-setting Work Session. Motion was made by Stevens and supported by Mellema to schedule a goal-setting Work Session for December 16, 2013 at 5:30 pm. E. City Manager annual performance evaluation. Mayor Barnett stated that an evaluation summary for City Manager Marcus Peccia has been developed in accordance with the employment agreement between the City of Cadillac and Marcus Peccia. He noted that it is the 4 th annual evaluation of the City Manager. He added that a standardized performance appraisal tool was used and is the same tool used in previous evaluations. The process involves: distribution of the forms to members of the Council and Peccia, evaluation forms and written comments were returned to Human Resources Coordinator Linda Kent, scores for each performance category were totaled and averaged, written comments were compiled and an evaluation summary was written by Mellema and Kent. The report was provided to Mayor Barnett and the rest of the Council members.
Council met with the City Manager in closed session on November 18, 2013 and again on December 2, 2013 to review the results of the performance evaluation. The City Manager received a copy of the written report of the results and was provided an opportunity to give feedback. Mayor Barnett noted that based on the results, City Manager Peccia received an overall rating of 2.94 on a scale of 1 to 5 which places him just slightly below Meets Expectations He added that Peccia had also performed a self-evaluation through this process. He pointed out that the strengths of Peccia are communications, planning, financial management, flexibility, and adaptability. Mellema noted that Peccia has been asked to develop a list of goals to improve his performance in certain areas and it will be reviewed by Council in a subsequent meeting. Homier noted that the City Charter specifies that the City Manager will be appointed for indefinite term and the Council will fix his compensation. Schippers suggested that Council review his compensation at a later date and added that he has not had a raise in four (4) years. Peccia stated that it has been a pleasure serving the community for another year. He added that he and his family think of Cadillac as their home and feel very fortunate to be here. He pointed out that he is looking forward to continuing his relationship with the Council. 2013-329 Schedule additional Special Meeting for City Manager Evaluation. Motion was made by Spoelman and supported by Schippers to schedule an additional Special Meeting for Tuesday, January 21, 2014 at 5:30 pm to continue discussions on the annual evaluation of the City Manager. INTRODUCTION OF ORDINANCES AND RESOLUTIONS A. Adopt Resolution No. 2013-3040 to introduce ordinance to transfer City-owned parcel to the Cadillac Housing Commission and to set a public hearing for January 6, 2014. Peccia stated that the City owns a parcel of property on Waldo St. that was transferred to the City from the Cadillac Housing Commission. The Housing Commission would like to have the property transferred back to assist in potential development plans for that area. He added that the recommendation is to set the public hearing for January 6, 2014. Roberts pointed out there are two (2) parcels; one is a small portion of the undeveloped land and the other is a bigger parcel that contains the apartment complex. The bigger parcel currently belongs to the City and it appears that it was transferred to the City in 1973 from the Housing Commission as a result of a development that needed bond financing. There is currently no outstanding bond financing or debt financing either with the City or the Housing Commission related to the parcel so there doesn t appear to be any reason that the parcel cannot be deeded back to the Housing Commission. Judy Myers, Cadillac Housing Commission, read Resolution No. 40 dated August 21, 1973 which stated that the Cadillac Housing Commission resolved to deed the property to the City
of Cadillac. She added that they want to apply for a tax credit loan to develop new units and cannot move forward unless the property is deeded to the Housing Commission. Homier stated the City has the authority to transfer the property to the Housing Commission. 2013-330 Introduce Ordinance to transfer City-owned parcel. Resolution No. 2013-3040. Motion was made by Schippers and supported by Spoelman to adopt Resolution No. 2013-3040 to introduce Ordinance to transfer City-owned parcel to the Cadillac Housing Commission and set a public hearing for January 6, 2014. ADOPTION OF ORDINANCES AND RESOLUTIONS A. Adopt Resolution No. 2013-3037 and set a public hearing for December 16, 2013 to consider a request from Inland Lakes Machine, Inc. for an Industrial Facilities Tax Exemption Certificate in the amount of $288,000. Peccia stated that Inland Lakes Machine, Inc. is looking to acquire a new piece of equipment. The IFT application is for $288,000 and will allow the company to retain thirty-eight (38) positions and create one (1) new position. He added that the exemption would be for twelve (12) years. 2013-331 Set Public Hearing for Inland Lakes Machine, Inc. IFT. Resolution No. 2013-3037. Motion was made by Stevens and supported by Schippers to adopt Resolution No. 2013-3037 and set a public hearing for December 16, 2013 to consider a request from Inland Lakes Machine, Inc. for an Industrial Facilities Tax Exemption Certificate in the amount of $288,000. B. Adopt Resolution No. 2013-3038 Establishing Fees for Solid Waste and Recyclable Material Collection. Peccia noted that a fee resolution was adopted earlier this year that replaced a fee resolution that had contained language that referenced the fees associated with refuse collection. The resolution under consideration does include all fees associated with solid waste and recyclable materials. Homier added that the relevant fees have not changed but the decision was made to place them all in one fee schedule covering both solid waste and recycling instead of proposing two (2) separate resolutions. 2013-332 Establish fees for solid waste and recyclable material. Resolution No. 2013-3038. Motion was made by Spoelman and supported by Schippers to approve Resolution No. 2013-3038 Establishing Fees for Solid Waste and Recyclable Material Collection. C. Adopt Resolution No. 2013-3039 to Establish the Position of Director of Law Enforcement Services and Abolish the Position of Public Safety Director. Peccia stated that during the prior budget work sessions, all of the funding for the Public
Safety Director position was removed. He added that one of the recommendations of the Plante & Moran report was to look at bringing in a Police Chief and Fire Chief titled Director of Police Services and Director of Fire Services. After receiving notification of the upcoming retirement of Capt. Wohlfeill, the City began looking at various options that would be consistent with the model. It was determined that the City Manager cannot simply create the proposed position without Council approval. It is recommended that the position of Public Safety Director be formally removed and the Director of Law Enforcement Services position be created. He added that a job description has been developed for the new position. Homier added that the City Charter has a provision that states that the Council is responsible for creating new departments upon recommendation of the City Manager. He added that although it uses the term departments there is an Attorney General opinion that applies to two (2) specific positions one of which is a Public Safety Director position. Through research, it was determined that when the City created the position of Public Safety Director it was actually called Assistant to the City Manager-Public Safety Director. When this position was created, it was brought before Council to approve so there is a past practice established of Council approving these types of positions based on the recommendation of the City Manager. Peccia pointed out there will be a period of time between when Capt. Wohlfeill retires and the new position is filled. Homier added that the new position will be filled pursuant to Act 78 by the Civil Service Commission. Spoelman asked if this request was within the budget. Peccia stated that it would be budget neutral. Stevens questioned if the resulting model would be in agreement with the recommendations from the Plante & Moran study. Peccia stated that it would be very similar with a two-chief or two-director model. Stevens inquired if the captain s position would be filled. Peccia stated that there were currently no plans to replace Captain Wohlfeill. Stevens expressed concerns about eliminating a position in the Police Department. He added that it was his understanding that it was the City Manager s decision to make these types of decisions and questioned the abruptness of the request. Mellema pointed out that the study showed that the two-chief system is ideal but a decision was made to not go in that direction due to the economic situation. He also pointed out that it was decided that a City this size does not warrant a Public Safety Director but the real need was an additional officer. Schippers noted that according to the job description of the new position, it appears the duties of the captain would be filled. 2013-333 Establish position of Director of Law Enforcement Services. Resolution No. 2013-3039. Motion was made by Schippers and supported by Mellema to approve Resolution No. 2013-3039 Establishing the Position of Director of Law Enforcement Services and Abolishing the Position of Director of Public Safety. Ayes: Schippers, Mellema, Spoelman, Mayor Barnett Nays: Stevens
Motion carried. REPORTS OF BOARDS AND COMMISSIONS MINUTES OF BOARDS AND COMMISSIONS A. The minutes of the Courthouse Hill Historic District Commission meeting held on September 9, 2013 were presented for information only. B. The minutes of the Wexford County Airport Authority meeting held on November 14, 2013 were presented for information only. PUBLIC COMMENTS The Mayor opened the public comments and requested that comments are limited to three (3) minutes. Ben Thomas, Allison Mentel, and Ana Vallecillo from Dave VanHaitsma s government class at NMCS were in attendance. The Mayor closed public comments. TABLED ITEMS GOOD OF THE ORDER Peccia thanked the organizers of the Christmas event that took place the day after Thanksgiving. Mellema noted that he saw the Christmas lights in the downtown area. He added that the parks look beautiful and he thanked everyone involved. He pointed out there will not a meeting of the Cadillac Area Manufacturer s Association in December (CAMA). He thanked the Mayor for the presentation to the Vikings Football Team and added that the team had a great season. Stevens congratulated the Vikings Football Team and noted that it was a classy act for the team to shake the hands of the Council Members after the presentation. He added that 2013 is a year to remember with respect to athletic teams. Spoelman stated it was great to see all of the team members and coaches at the meeting. She added that she was very impressed by the number of parents in attendance. She thanked Mayor Barnett for his dedication and effort over the last six (6) years. Schippers stated that it is great that our City has a Leadership Class that works together to complete projects and become actively involved in the community. She thanked Peccia for how he handled the evaluation process and for his willingness to continue to grow for the benefit of the City. Mayor Barnett thanked everyone for allowing him the opportunity to present the proclamation to the Vikings Football Team. He also thanked Phil Potvin and the State for the grant money that was received for the Playground Project. In addition, he thanked the students and the other citizens for their input at the meeting.
Peccia stated that the ethics issue is in front of the Ethics Board which has a strong framework as outlined in the Ordinance. He added that the hearing date is December 12, 2103. ADJOURNMENT The meeting was adjourned at approximately 9:50 pm. Respectfully submitted, William S. Barnett, Mayor Sandra L. Wasson, City Clerk