
April 26 2010 Minutes 
CITY OF BUCHANAN COMMISSION MINUTES
April 26, 2010
The Mayor called the public hearing to order at 7:00 p.m. and invited public to express comments concerning the distribution of the FY 2010-2011 Southwestern Michigan Community Ambulance Services (SMCAS) Special Assessment Levy and proposed SMCAS budget for fiscal year 2010-2011, which includes the special assessment in the amount of $20.00 per dwelling. Bill Norton asked about the assessment amount and asked for clarification about different charges to residents and non residents. SMCAS Director Tim Grey confirmed that the $20.00 assessment was a renewal as approved by the electors and explained the resident verses non resident rate. No written comments were received. Being no further comments, Moore moved, seconded by Norton to adjourn the Public Hearing at 7:02 p.m.
The regular scheduled meeting of the City Commission was held at the Buchanan City Hall, 302 N. Redbud Trail, Buchanan, Michigan, Monday, April 26, 2010 directly following the public hearing. Mayor Cole called the meeting to order at 7:02 p.m.
The Pledge was recited by all in attendance. Pastor Pat Ramsden gave the Invocation.
Commissioners present: Carla Cole, Patricia Moore, William Norton, Earl Scanlon, Warren Weaver
Commissioners absent: none
Staff present: City Manager Meg Mullendore, Treasurer Juli O’Bryant, Fire Chief Tim Gowen, DDA Director Debra Patzer and Clerk Gladys Bybee
Guests/Visitors present: SMCAS Director Tim Grey, Chamber of Commerce Director Ted Chase, and TMI President Kim O’Haver along with 18 visitors including 1 reporter
Moore moved, seconded by Scanlon to amend the agenda to include item E. Budget Amendment under new business. Roll call vote carried unanimously. Norton moved, seconded by Scanlon to remove, from the consent calendar, E. Appoint Tim Gowen to the Plan Commission to fulfill a vacant term through 2011 and F. Approve Resolution 2010.04/10, Authorizing the City Clerk the Authority to sign the Grant Agreement With the State of Michigan for the Qualified Voter File’s Electronic Poll Book (EPB) Laptop & Accessories Purchase and place under new business as F. and G. for discussion. Roll call vote carried unanimously. Scanlon moved, seconded by Weaver to approve the Consent Calendar as amended. Roll call vote carried unanimously.
• Agenda as amended
• Minutes: Regular scheduled meeting, April 12, 2010
• Checks 59239 to 59309 in the amount of $133,253.55
• Street Closure; Oak Street from Front St. to Charles Ct., Arbor Day Celebration
Ted Chase, Chamber President distributed a presentation booklet (Harvest Buchanan) and explained the change in festivals from Old Mill Festival to Harvest Buchanan. Discussion was shared between Commission and Chase.
Carol McKean, Arbor Day Celebration Chairperson reported on the upcoming event and planting of the dogwood tree by the Creek downtown. She urged attendance to the festivities. Mayor Cole presented the Proclamation to Ms. McKean.
The Treasurer gave a full report on tax collection and the distinction of color envelopes for mailing property tax bills. She announced the new budget and tax information would be on the City Website.
Grey gave further explanation on the revenue loss in Medicare and Medicaid and explained that all charges were restructured. After shared discussion, Weaver moved, seconded by Norton to approve the resolution as presented.
A RESOLUTION OF THE CITY OF BUCHANAN COUNTY OF BERRIEN, STATE OF MICHIGAN APPROVING THE 2010-2011 SOUTHWESTERN MICHIGAN COMMUNITY AMBULANCE SERVICE (SMCAS) BUDGET AND SPECIAL ASSESSMENT.
BE IT RESOLVED, that the CITY OF BUCHANAN, acting jointly and in conjunction with the City of Niles, the Townships of Niles, Buchanan, Bertrand in Berrien County, and the Township of Howard in Cass County, pursuant to a certain joint assessment district resolution for the support of SMCAS adopted June 30, 2008 and approved by the majority vote of the electorate on August 5, 2008, does hereby take the following action:
1. The special assessment district, pursuant to such resolution, is hereby established.
2 The proposed SMCAS financial budget for fiscal year 2010-2011 indicating an assessment of $20.00 is hereby approved.
3. The amount of the special assessment is $20.00 and the assessing officer is directed to spread the assessment as provided in the joint resolution along with the December 2010 tax assessment to be due and collected as provided in the joint resolution.
4. As a further clarification of the parcel/units to be assessed, as set out in paragraph 3 of the joint resolution, the assessing officers are directed to levy the assessment amount of $20.00 per unit as follows:
a. Campground – One unit for the campground itself and one unit for each permanent dwelling situated on the campground. Each rental “hook-up” will not be considered as a separate unit.
b. Mobile Home Park – One unit for each mobile home, the number of mobile homes being determined by the average number of mobile homes located in the mobile home park for the calendar year in which the special assessment is levied.
c. Hotels and Motels – One unit for each hotel and motel and one unit for each living unit occupied by a permanent resident.
d. Commercial – One unit for each improved parcel, which shall include all contiguous commercial parcels as one unit and one unit for each dwelling therein.
e. Residential – One unit for each dwelling that is occupied or is available for occupancy and is permanently affixed.
f. Where provisions herein are inconsistent with the joint resolution, these provisions herein shall supersede such provisions and be controlling.
5. The Public Hearing of the City of Buchanan to hear comments to the distribution of the $20.00 special assessment levy was held at City Hall, 302 N. Redbud Trail, Buchanan, MI 49107 on April 26, 2010 at 7:00 p.m., local time.
Roll call vote carried unanimously, Resolution 2010. 4/10 declared adopted.
Norton moved, seconded by Weaver to include the SMEGA and Chamber membership dues in the 2010-2011 budget. Voice vote carried unanimously. Moore moved, seconded by Scanlon to approve the 2010- 2011 budget resolution.
A RESOLUTION FOR THE CITY OF BUCHANAN, COUNTY OF BERRIEN, MICHIGAN TO ADOPT A BUDGET FOR THE CITY OF BUCHANAN FOR FISCAL YEAR 2010-2011
WHEREAS, in accordance with Chapter 9 of the City Charter of the City of Buchanan governing budget procedure and general finance, and in compliance with the requirements of the Michigan Uniform Accounting and Budgeting Act, a balanced budget has been set up for the City of Buchanan for the fiscal year of July 1, 2010 through June 30, 2011; and
WHEREAS, a public hearing was held on April 12, 2010 for public comments and opinions;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Buchanan that the following sums are adopted for the 2010-2011 fiscal year for the purposes set forth below:
General Government City Commission $ 42,848.
$396,376. City Manager 106,756.
Elections 27,909.
Assessor 40,250.
City Clerk 62,832.
Treasurer 115,781.
Public Safety Police Department/Code Enforcement $ 977,400.
$1,126,490. Crossing Guards 27,125.
Fire Department 90,665.
Building Inspection 31,300.
DPW & Cemetery DPW/Streets $ 227,070.
$372,011. Cemetery 144,941.
Parks & Recreation Parks & Recreation $ 3,600.
$3,600.
Other Building & Grounds $ 68,550.
$143,585. Rental Property 535.
Misc. Costs/Transfers 74,500.
Total General Fund $2,042,062.
Major Streets $ 406,431.
Local Streets 249,545.
Street Repair & Maintenance 351,709.
Water & Sewer Enterprise 1,415,213.
Brownfield-TIF 35,278.
Total Other Funds $2,458,176.
Total Budget Including General Fund $4,500,238.
BE IT FURTHER RESOLVED that the City Commission of the City of Buchanan authorizes levy of 17.1000 mills on real and personal property within the City of Buchanan for municipal operating purposes.
BE IT FURTHER RESOLVED that the City Commission of the City of Buchanan hereby authorizes the levy of 1.00 mills on real and personal property within the City of Buchanan for Dial-a-Ride.
BE IT FURTHER RESOLVED that the City Commission of the City of Buchanan authorizes the levy of one half of the above stated millage rates on real and personal property on the separate tax rolls under Act 198, Industrial Facilities Tax Districts.
BE IT FURTHER RESOLVED that the City Commission authorizes the water and sewer rates, effective July 1, 2010, as follows:
Water Sewer Ready to Serve (RTS)
City $2.93/1000 gal. $5.30/1000 gal. $15.33 monthly
Township 3.43/1000 gal. 6.20/1000 gal 17.93 monthly
BE IT FURTHER RESOLVED that the total budget for the City of Buchanan for the fiscal year 2010-2011 in the amount of $4,500,238. as presented by the City Manager is hereby approved and adopted by the City Commission of the City of Buchanan.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make budgetary transfers within the departments in accordance with the departmental totals established through this budget, and that all transfers within departments may be made only by further action of the City Commission, pursuant to the provisions of the Michigan Uniform Accounting and Budgeting Act.
Roll call vote carried unanimously, Resolution 2010.04/11 declared adopted.
After O’Haver explained the financial assistance from the State, Norton moved, seconded by Scanlon to approve the resolution as presented.
ACCEPTING FINANCIAL ASSISTANCE FY 2010 SECTION 5311 OPERATING
WHEREAS, the State of Michigan Department of Transportation (MDOT) has offered the City of Buchanan Dial-A-Ride public transportation system 5311 operating monies equal to 16 percent of audited costs for FY2010; and
WHEREAS, MDOT Agreement No. 2007-0181/Z6, Project No. 109891 will provide 16 percent of eligible audited operating costs, which are $12,679.
NOW, THEREFORE BE IT RESOLVED that the City of Buchanan does hereby make its intentions known to accept this MDOT Agreement No. 2007-0181/Z6, Project No. 109891 Section 5311 federal operating assistance for FY2010.
BE IT FURTHER RESOLVED that the City of Buchanan authorizes Julianne O’Bryant as Transportation Coordinator, and Margaret Mullendore, City Manager of the City of Buchanan to jointly execute MDOT Agreement No. 2007-0181/Z6, Project No.109891 for the Commission for 2010 Section 5311 Federal operating assistance.
Roll call vote carried unanimously, Resolution 2010.04/12 declared adopted.
Patzer explained the Budget amendment for 2009-2010 budget from the grant improvement programs in detail. Moore moved, seconded by Scanlon to approve the budget amendment in the amount of $35,000 for the Downtown Development Authority as requested. Roll call vote carried unanimously.
Chief Gowen explained the training that would be taking place at the properties. After shared discussion, Scanlon moved, seconded by Weaver to approve the request for the Fire Department to use 511 Michigan Street and 204 Redbud Trail as requested and presented. Roll call vote carried by majority with an abstention from Norton.
Chief Gowen distributed a quote from West Shore and explained the purpose for the air compressor and bottle refill station (20 year lifespan). He recommended that the quote from West Shore be selected and discussion was shared. Mullendore explained that the expenditure was not included in the current budget, thus a budget amendment would need to be brought forward. Weaver moved, seconded by Norton to approve the purchase of the 10HP compressor from West Shore Fire with a budget amendment coming forward on the next agenda. Roll call vote carried by majority with an abstention from Norton.
Mullendore summarized the recommendation from the Ad Hoc Committee on the McCoy’s Creek Watershed from March 22nd and advised this was an unbudgeted expense. Scanlon moved, seconded by Moore to approve the budget amendment in the amount of $2,400 for the Agreement with Joe Mitchell, River Tenders. Roll call vote carried unanimously.
Moore moved, seconded by Scanlon to appoint Tim Gowen to the Plan Commission to fill a vacant term ending in 2011. Roll call vote carried by majority with an abstention from Norton.
After explanation from the clerk, Moore moved, seconded by Weaver to approve the resolution as presented.
WHEREAS, the City Commission of the City of Buchanan wishes to participate in the E Poll Book Laptop Procurement Program through the Department of State’s Bureau of Elections Qualified Voter Files Electronic Poll Book; and
WHEREAS, the City Commission of the City of Buchanan authorizes the City Clerk to sign the Grant Agreement between the State of Michigan and the City of Buchanan to allow the purchase of the Qualified Voter File’s Electronic Poll Book (EPB) Laptop & Accessories Purchase.
NOW, THEREFORE, BE IT RESOLVED that the Buchanan City Clerk is authorized to sign and submit the Grant Agreement on behalf of the City of Buchanan.
Roll call vote carried unanimously, Resolution 2010.04/13 declared adopted.
Public Comments from Tim Gowen, Mac Elliott, and Debra Patzer were heard.
No City Manager comments were heard.
Commissioners’ comments were heard.
Weaver moved, seconded by Scanlon to adjourn the meeting at 8:22 p.m.
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Gladys M. Bybee, CMC-City Clerk Carla M. Cole, Mayor
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