May 13, 2019 Minutes
City of Buchanan Commission Minutes
May 13, 2019
The regularly scheduled meeting of the City Commission was held at City Hall, 302 N Redbud Trail, Buchanan, Michigan Monday, May 13, 2019 and was called to order at 7:00 p.m. by Mayor Moore. The Mayor led the Pledge of Allegiance. Bryan Watkins of New Good Hope Baptist Church gave the invocation.
Emily Long, Organizer/Leader of McCoy’s Creek Trail Clean Up, Accompanied by Scout BSA Troop 541, Troop 572, and Venturing Crew 593 – Long organized and lead clean-up of McCoy’s Creek Trail Dumpsite along with the assistance of the Buchanan Department of Public Works.
Commendation for Life Saving - Officers Briana Schmitz and Jason Cullum of Buchanan City Police Department, and Donovan Bredenkamp, Eric Lovett and Denise Pope of Southwest Michigan Community Ambulance (SMCAS) - Presented by Buchanan City Assistant Police Chief, Tim Ganus and SMCAS Director, Brian Scribner - On April 2, 2019, report of person down, John Wregglesworth, who was also in attendance with his family. CPR and AED were used, EMT crew arrived and administered life-saving meds. Others not in attendance who assisted: Paramedic Mike Kushman, EMT Laura Hooker, Berrien County Sheriff’s Department Deputies, Michigan State Police Troopers along with members of Berrien County Dispatch. Mayor extended thanks on behalf of City and resdients.
Retirement of Officer Carmen Bovo - 18 Years of Dedicated Service to the Buchanan City Police Department – Plaque and certificate of recognition presented by Buchanan City Assistant Police Chief, Time Ganus and Mayor Moore – Officer Bovo thanked all for recognition and opportunity to serve.
Present: Mayor Moore, Commissioners Denison, Downey, Toerne and Weedon
Guests: Brian Scribner, Director of SMCAS; John Buek, American Electric Power; William Breen, Zen Leaf Provisioning Center; and approximately 25 guests
City Staff in attendance: Bill Marx, City Manager; Juli O’Bryant, City Treasurer; Debra Patzer, City Zoning Administrator; Assistant Chief of Police, Tim Ganus; Diana Selir, Buchanan City Police Department Administrative Services; Brenda Hess, City Clerk
Cindy Benson-Urged Commission not to opt into recreational marijuana. Commented on leash law and requested residents clean up their dog excrement.
• Approve Agenda
• Approve Minutes: Regular Scheduled Meeting April 22, 2019*
• Approve Minutes: Work Session May 7, 2019 with Michigan Rural Water Association*
• Approve Invoices/Expenditures for May 13, 2019 in the amount of $98,052.79
• Approval of Resolution 2019.05/194 – Adopt 80%/20% Employer/Employee Heath Care Cost Option as set forth in 2011 Public Act 152, The Publicly Funded Health Insurance Contribution Act*
• Approve Cyndi Roberts appointment to Downtown Development Authority Board
• Approve Joe Paolucci appointment to Downtown Development Authority Board
• Approve Jeremy Frame appointment to Downtown Development Authority Board
• Excuse Mayor Moore from Special Meeting – March 29, 2019
• Excuse Commissioner Downey from Regular Meeting – April 22, 2019
• Street Closure for Colors of Cancer Run on May 18, 2019
Moore moved, seconded by Toerne to amend the Agenda and Consent Calendar by add letter K to the
consent calendar “Approval of Street closure for Colors of Cancer Run May 18, 2019- Oak Street to Smith Street”. Under new business add items C, D and E, “Consider request for use of two parking spots at 259 East Front Street for grand opening celebration of Zen Leaf Provisioning Center, May 18 2019 – William Breen, Zen Leaf”; “Consider approval of purchase of Imagination Playground equipment in the amount of five thousand, four hundred and forty-five dollars by the Buchanan Area Recreation Board for Buchanan parks”; and “Consider approval of a medical marijuana facilities permit stacking application for a grow facility at 215 Post Road – Redbud Roots”. Roll Call vote carried unanimously. Toerne moved, seconded by Weedon to approve the amended Consent Calendar. Roll Call vote carried unanimously.
Reports by: Departments, Committees, Boards
Report on Buchanan’s Annual Spring Clean-Up – Diana Selir, Buchanan City Police Department – Selir reported seventeen dumpsters were used for regular refuse and 2 for recycling. Despite snowy weather, attendance was good. Next year more dumpsters will be required along with extra emptying of dumpsters throughout event. Marx commented Spring Clean Up Day assists with code enforcement. Enhancements in program will be made for next year.
Review Contract Extension with Republic Services – Follow up to approval from previous meeting when contract was not ready. Toerne moved, seconded by Downey to approve the signature of the Refuse/Recycle Contract with Republic Services. Roll call vote carried unanimously.
Approval of Resolution 2019.05/193 – Adopt a Budget for the City of Buchanan for Fiscal Year 2019-2020 – Toerne questioned if the Fire Department needed to be named in the resolution. City Treasurer clarified. Toerne moved, seconded by Downey to approve Resolution 2019.05/193 – Adoption of the 2019-2020 budget. Roll call vote carried unanimously.
John Buek, representative from Indiana Michigan Power (AEP) regarding the Public Efficient Streetlighting Program – State of Michigan required all streetlights to be upgraded to LED lights and required AEP to address local communities regarding this issue. If approved, lights will be installed for free and old lights disposed of in an environmentally friendly way. New lights will reduce City’s carbon footprint and will have better luminosity. Lights have a lifespan of up to 20 years provided there is no vandalism. Lighting pattern will be improved and more focused. City will continue to be charged under two tariffs on one bill. City needs to have discussion with attorney before signing the contracts. Lights would be installed during fourth quarter this year and project completed in approximately ten days. Includes map of all streetlights. Poles upgraded for free as needed. City not required to participate at this point. Commission questions were answered, and comments shared. Marx commented contract would be approved at the next meeting if Commission felt it was worthwhile to participate.
Approve Contract with Gosling Czubak Engineering Sciences, Inc. for Leachate Treatment Rate Study not to exceed $4,000.00 – Need for a leachate rate study from an independent third party to help City determine rates for treatment of leachate from landfill. Landfill has new system for pre-treating leachate, but not presently fully functional leaving significant amount to treat. Contract for study to be under $4,000.00. Toerne will report to the Landfill Board regarding the decision. Denison moved, seconded by Downey to approve the Contract with Gosling Czubak Engineering Sciences, Inc. for Leachate Treatment Rate Study not to exceed $4,000.00. Roll Call vote carried unanimously.
Request for use of two parking spots at 259 East Front Street for grand opening celebration of Zen Leaf Provisioning Center May 18, 2019 – William Breen, Zen Leaf – Breen invited all in attendance to open house which includes food and refreshments. No product on premises for first open house which includes tours. Asked for permission for use of two parking spots in front of business for duration of open-house period. Second open house on May 24 will be for patients only. Toerne moved, seconded by Weedon to approve the request for use of two parking spots at 259 East Front Street for grand opening celebration of Zen Leaf Provisioning Center May 18, 2019. Roll Call vote carried unanimously.
Approve purchase of Imagination Playground Equipment in the amount of $5,445.00 by the Buchanan Area Recreation Board for Buchanan Parks. Marx reported that the play equipment was made of durable foam and can be designed into many different configurations. Set highly portable and can be moved from park to park. Teacher’s Credit Union donated $5,000.00 to pay for most of this equipment. Will be stored in the building at Kathryn Park. Possibility of purchase of box truck for storage and transport. DPW will not be responsible for transport or cleaning of Imagination set. Toerne moved, seconded by Downey to approve purchase of Imagination Playground Equipment in the amount of $5,445.00 by the Buchanan Area Recreation Board for Buchanan Parks. Roll Call vote carried unanimously.
Consider approval of a Medial Marijuana Facilities Permit Stacking Application for a Grown facility at 215 Post Road – Redbud Roots – Patzer reported that application from Redbud Roots was complete and are slated for State approval in June. Toerne moved, seconded by Downey to approve the Medial Marijuana Facilities Permit Stacking Application for a Grown facility at 215 Post Road – Redbud Roots. Roll Call vote carried unanimously.
Randall Peart – Commented upon lighting at the high school. See if less, more focused light can be used at schools.
Larry Money – Commend Buchanan Police Department for efforts regarding enforcement of truck route on Front Street.
City Manager Comments
Marx commented truck traffic has been addressed on Front Street. Additional sign to be installed to further help. Noted GPS systems sometimes send new inexperienced drivers down Front. Buchanan Pallet Company is grandfathered; has agreed to be vigilant with obeying speed limit. Spartan-Nash has complained about added time for deliveries to Harding’s. Parking downtown is still issue. “Tire chalking” has been declared to be unconstitutional. Tickets will be given on a complaint basis and Police Department will move toward time-stamping of offenders. City working on plan to adjust Parking Ordinance to be presented to Commission. City will appeal to business owners and employees to keep spots open in front of stores and use municipal lots. Marx noted River/Redbud intersection project has been delayed due to the weather; first coat of asphalt applied. Farmer’s Market opened with twenty-eight vendors and many visitors.
Downey-Reported Ordinance regarding parking in downtown area. Marx commented that only write “local ordinance” tickets which are five dollars and if challenged the City will lose. City is working on traffic order for a trial basis of numbered parking spaces and enforcement which can be added to the parking ordinance after thirty days if trial successful. Downey also reported on DDA Mill Alley project is continuing. Thanked Emily Long for trail cleanup.
Toerne-Thanked Clerk for materials on public participation at meetings. Congratulated Marx on wedding anniversary. Reported Planning Commission discussed Master Plan and reminded public is invited to meetings. Landfill meeting in April covered changes employee benefits; purchased electrical work from Wolverine; Investment of $30,000 to repair one of large machines. Also approved contract with Republic. Wells need to be dewatered to removed accumulated gasses. Buchanan school students have come for tours. In April landfill profit was $108,000.00. May 18th is recycle/shred event. Commission will take part in Colors of Cancer run. Inquired about the new DPW building. Marx commented that Commission will need to decide on “cold storage” option or follow a “DPW building only” plan. Pearson is requesting square footage amount. Noted that Lowery’s is growing again and plans were reviewed at a previous Planning Commission meeting.
Denison-Requested work session regarding DPW building. Marx will set date. Thanked Emily Long for trail project. Little Free Pantry was vandalized previous evening but fully restocked by noon. Encouraged residents to attend the Zen-Leaf open house. Zen-Leaf has created ten to twelve jobs. Marx commented that none of the new medical marijuana businesses are seeking tax exemptions.
Weedon-Thanked Emily for trail project. Thanked Benson for comments regarding recreational marijuana and encourage further discussion. Commented on Michigan Municipal League conference attendance and lack of revenue sharing. Encouraged residents to visit www.savemicity.org regarding amount of revenue State returns to Buchanan via revenue sharing.
Moore-Reminded everyone May 31st is opening night for play at Tin Shop. Encouraged all to call Tin Shop for reservations. Reminded everyone of Buckteen Reunion. Thanked Marx for cinnamon rolls and coffee at opening day of Farmer’s Market.
Toerne moved, seconded by Weedon to go into Closed Session for permissible purposes. To consider materials exempt from discussion or disclosure by State Statue CL 15.268. Consider Approval of Closed Session Minutes of April 22, 2019 – Medical Marijuana Permit Renewal – Om of Buchanan. Roll Call vote carried unanimously.
The Mayor reconvened meeting at 8:54 p.m.
Toerne moved, seconded by Denison to adjourn the meeting. Voice vote carried unanimously. Emily Long adjourned meeting on behalf of Mayor Moore at 8:55 p.m.
Mayor Patricia A. Moore DPM City Clerk Brenda J. Hess
This meeting was recorded and may be viewed on Comcast Channel 17 and YouTube.