October 27, 2008

The Mayor called the Public Hearing to order at 7:30 p.m. and invited public comments on the proposed ordinance amendment by adding Sections 98-55 through 98-60.  Sections 98-55 through 98-60 provide restrictions for parking on public streets and in public parking lots, and provides for the issuance of parking permits. Alan Robandt, 114 E. Front St. asked the Commission to postpone a decision as there are inconsistencies and cause for future problems. He gave several scenarios. He opposed the ordinance and stated he also has comments from other building owners.  Shawn Herrman, 203 E. Front St. spoke on behalf of his tenants and opposed the ordinance and asks for more thorough review. Jeanne Arbanas, 205 E. Front St. asked that adoption be postponed as the ordinance is vague.  Tom Gauthier, 217 E. Front St. agreed with others and stated it would hinder rentals.  Tom Jolly, 107 E. Front St. opposed the ordinance and agreed with others. Debra Patzer, Downtown Development Authority (DDA) Director did support a parking management system and has received information from DDA members both for and against, but she supports the ordinance. Cherie Cozadd, 108 E. Front St. was opposed to the 2 hour parking limit on Front Street. Cole moved seconded by Hagey to adjourn the public hearing at 7:45 p.m.  Roll call vote carried unanimously.

Mayor Patricia Moore presented Commissioner David Hagey a Plaque of Appreciation for his twelve years of service to the City. Greetings were shared.

CITY OF BUCHANAN COMMISSION MINUTES
October 27, 2008

The regular scheduled meeting of the City Commission was held at Buchanan City Hall, 302 N. Redbud Trail, Buchanan, Michigan Monday, October 27, 2008.  Mayor Moore called the meeting to order at 7:47 p.m.

All in attendance recited the Pledge of Allegiance.  Reverend Chris Kruchkow, Faith United Methodist gave the Invocation.
 
Commissioners present:  Barbara Clark, Carla Cole, Dave Hagey, Jennifer Harrington, Patricia Moore 
Commissioners absent:   none
Staff present:      Manager Meg Mullendore, Treasurer Juli O’Bryant, Police Chief Bill Marx, DDA Director Debra Patzer, and Clerk Gladys Bybee
Guests/Visitors present:   35 visitors including 1 reporter

 Larry Elliott, 313 Terre Coupe Road distributed pictures to the commissioner’s of the alleged trespass and damage to the Bakertown FEN done by the City and noted his disappointment.  The Mayor asked Mr. Elliott to hold his comments until the public portion at the end of the meeting to speak on anything not on the agenda.

Cole moved, seconded by Clark to approve the Consent Calendar with the typographical error on the agenda and amendment to the minutes. Roll call vote carried unanimously. 
• Agenda to read VIII. A.  2007-2008 Audit Presentation
• Minutes: Regular Meeting October 13, 2008 to read:
Cole moved, seconded by Moore to table the revised and amended policy P2008-10-13 of the Rules of Procedure for the City Commission City of Buchanan, Michigan as presented to the next meeting. Roll call vote carried by majority. Yea: Hagey, Cole, Moore. Nay: Harrington, Clark.
• Checks 55929 to 55023 in the amount of $187,223.52
• Certify Buchanan Township Delinquent Utility Billings to the 2008 Winter Tax Roll

Treasurer Juli O’Bryant reported that summer taxes will roll over to fall if not paid, call if any corrections needed, dog licenses beginning December 1, City Hall honoring local service man or woman and asks for participation, and reminds all of ways to pay utility bills and taxes.

Police Chief William Marx summarized his written report as distributed with the meeting packet. He acknowledged Officer’s Dave Capron and Carmen Bovo on their performance with busting a meth lab. He explained and highlighted areas of his report.

Mullendore reported that the ordinance was initiated by the Chief of Police and she, the Attorney, and DDA Director were working together and her recommendation was to adopt the ordinance; however she was not opposed to review some of the specific issues brought up earlier at the public hearing.  Harrington and Cole requested a work session and stated their concern is the plowing downtown streets when vehicles are parked on the street.  Hagey moved seconded by Clark to table the ordinance and forward it to committee, made up of residents and business owners, for further discussion and clarification. Roll call vote carried unanimously.

Sharon Vargo, Plante-Moran Partner introduced Partner Kenley Penner and On-Site Auditor Kelly Smith. Penner distributed the Board Presentation for Year Ended June 30, 2008 and Smith highlighted information within the report while all reviewed.  The complete Financial Report with Supplemental Information June 30, 2008 was distributed for prior review.

After explanation and favorable recommendation from Mullendore, Cole moved seconded by Hagey to approve the resolution as presented.  ADOPTING IDENTITY THEFT PREVENTION PROGRAM
WHEREAS, the Federal Trade Commission (“FTC”) has adopted regulations that require “creditors” holding consumer or other “covered accounts” (which are defined to mean any account where customer payment information is collected in order to bill for services rendered) to develop and implement by November 1, 2008 an identity theft prevention program that complies with those regulations; and 
WHEREAS, because the City of Buchanan provides retail water and sewer service to its customers, it is a “creditor” under the applicable FTC regulations and must therefore comply with those regulations by adopting and implementing an identity theft prevention program, and
WHEREAS, the Buchanan City Commission desires to take action to comply with the applicable FTC regulations by adopting an identity theft prevention program,
NOW, THEREFORE, IT IS RESOLVED that the Buchanan City Commission hereby adopts, and directs City staff to implement, the following identity theft prevention program. 
1. Program Goals.  The City of Buchanan’s Identity Theft Prevention Program (the “Program”) shall endeavor to achieve the following goals:
a. To identify relevant patterns, practices and specific activities (referred to in this Program as “Red Flags”) that signal possible identity theft relating to information maintained in the City of Buchanan customers’ accounts, both those currently existing and those accounts to be established in the future;
b. To detect Red Flags after the Program has been implemented;
c. To respond promptly and appropriately to detected Red Flags to prevent or mitigate identity theft relating to City customer account information; and
d. To ensure the Program is updated periodically to reflect any necessary changes.
2. The Program.
a. The City shall assess the security of its current customer account system, with an emphasis on assessing the methods by which it opens and maintains customer accounts and customers’ personal information, and on assessing the manner in which it provides access to customer accounts.  That assessment shall include an analysis of any prior incidents of identity theft which the City has experienced.  
b. The City shall maintain identifying information for each customer so it can authenticate customers, monitor transactions, and verify the validity of customer requests, such as a change of address or service-related requests, including requests to terminate service. 
c. The City shall establish a reporting system which allows City staff to discover potential Red Flags as they arise and to thereafter report them to the proper authorities, including law enforcement.  This reporting system should specifically focus on the following Red Flags:  alerts, notifications, or other warnings received from consumer reporting agencies or service providers; presentation of suspicious documents by a purported customer; presentation of suspicious personal identifying information by a purported customer, such as a specific address change; the unusual use of, or other suspicious activity related to, a customer’s account; and notice from customers, victims of identity theft, law enforcement authorities, or other persons regarding possible identity theft in connection with the City‘s customer accounts. 
d. The City shall adopt procedures which provide for appropriate responses to any detected Red Flags which are commensurate with the degree of risk posed.  In determining an appropriate response, the City shall consider aggravating factors that may heighten the risk of identity theft, such as a data security incident that results in unauthorized access to a customer’s account records, or notice that a customer has provided information related to a customer’s account to someone fraudulently claiming to represent the City.  Appropriate responses include the following: i) monitoring customer accounts for evidence of identity theft, ii) contacting the customer, iii) changing from time to time any passwords, security codes, or other security devices that permit access to customer accounts, iv) reopening a customer account with a new account number, v) not opening a new customer account, vi) closing an existing customer account, vii) notifying law enforcement, and viii) determining that no response is warranted under the particular circumstances.  Any Red Flags should be brought to the City Manager’s attention to determine the appropriate response(s) to be implemented promptly after detection.
e. The City Manager, or his or her designee, shall implement and administer the Program.  The City Manager shall provide periodic reports to the City Commission on the effectiveness of the Program and shall ensure that all necessary City employees are properly trained to implement the Program.
f. The City Manager shall annually review the Program with appropriate City staff to determine if any revisions are needed.  That review may include changes in identity theft methods and changes in methods to detect, prevent, and mitigate identity theft.  The City Manager is hereby authorized and directed to make any necessary changes in the Program that are found to be necessary; provided that such changes must be reported to the City Commission at the first regular Commission meeting after the change is made.  
Roll call vote carried unanimously.   RESOLUTION 2008.10/31 DECLARED ADOPTED this 27th day of October 2008.

Cole moved, seconded by Clark to approve the City of Buchanan P2008-10-27, Identity Theft Prevention Program as presented. Roll call vote carried unanimously.

Susan Lehrer, 202 W. Front Street noted that she came in and talked with the City Manager and was satisfied with the resolution to her issue.  Dick Proud, Chairman of the Trail Committee opposed earlier comments made by Larry Elliott and admitted that it was the Trail Committee that was responsible the alleged damaged property and not the City Commission. He explained in detail the partnership between the Nature Conservancy and the Trail Committee to build the boardwalk/trail out to the FEN. Larry Elliott 313 Terre Coupe disagreed and opposed that taxpayer’s dollars were used to harm endangered species. Words were exchanged, the gavel was heard, and the Mayor called the meeting back to order. She then replied that the City partners with and supports the Trail Committee.

City Manager’s Comments:
• Offered a sheet for interested individuals to sign up for work session on parking ordinance
• Halloween events observed on Saturday November 1st
• Thursday, Special Hearing for Sale of property and purchase agreement with property owner
• 83% increase in arrests for the Police Department, Congratulations Officers
• Commended and thanked the Treasurer for her oversight of the city budget
• Praised Commissioner Hagey for his tenure

Commissioners’ congratulated Commissioner Hagey and thanked him for his 12 years of service.

Cole commented:
• Thanks to Treasurer, Mrs. Lehrer for working with the Manager and Mayor, and to Chief Marx and the Police Department
Harrington commented:
• Condolences to the family of Lesley Barthel
• Benefit for Lisa Scanlon at the Moose Lodge
• Good Luck to candidates for City Commissioner
• Announced her upcoming marriage and pregnancy
Hagey commented:
• His initial commitment ten years ago was the need to focus on issues and not personalities
• Proudly served with 17 different personalities on the City Commission
• Saddened by opposition to the McCoy’s Creek Trail
• Departing message to agree to disagree, be civil to each other, take time to work together and take the city forward

Harrington moved, seconded by Clark to adjourn the meeting at 9:09 p.m.  Voice vote carried unanimously.

____________________________                ____________________________
Gladys Bybee, CMC-City Clerk                      Dr. Patricia Moore, Mayor