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November 14 2005 Minutes

NOVEMBER 14, 2005 

A regular meeting of the City Commission was held at City Hall, 302 N. Redbud Trail, Buchanan, Michigan and called to order by Mayor Scanlon at 8:00 p.m. 
The Pledge was recited by all in attendance. Pastor James Robinson, New Good Hope Missionary Baptist gave the Invocation. 

Mayor Pro Tem Hagey read the biography of Linda Canfield and Mayor Scanlon presented her with the Citizen Appreciation Recognition Award. 

Commissioners present: David Hagey, Flora King, MarLon McGuire, Patricia Moore, Earl Scanlon III 
Commissioner absent: None 
Staff present included City Manager Meg Mullendore, Public Services Director Rick Smigielski, Police Chief Bill Marx, Treasurer Juli O'Bryant, and City Clerk Gladys Bybee 
Guests/Visitors present were Friends of Oak Ridge Cemetery Chairman Lyle Sumerix and Southwestern Michigan Economic Growth Alliance Director Sharon Tyler along with 28 visitors. 

Lyle Sumerix gave an update on the Veterans' Day Festivities and the Tuskegee Airman presentation. 

Moore moved seconded by King to amend the Consent Calendar by adding a Report from Southwest Michigan Economic Growth Alliance under new Business. Roll call vote carried unanimous. Two checks from the check summary were questioned with Mullendore confirming review and response. Hagey moved seconded by Moore to approve the Consent Calendar with the inclusion. Roll call vote carried unanimous.
Agenda as amended 
Minutes: Regular Meeting October 24, 2005; Special Meeting October 31, 2005; and Work Session summary October 31, 2005 
Checks 49004 to 49147 in the amount of $216,255.44 
Street Closure Request: Front Street and Oak Street to the Senior Center for the Holiday Lighting Parade 

Lyle Sumerix reported that Whirlpool Employees worked for Days of Caring to repair and clean headstones, design work complete for the directional plaques, vandalism repairs complete, assistance before the Memorial Day weekend in the staffing office, pleased with the cooperative assistance from the City, ongoing concerns with excessive decorations, cemetery crew needs to spend more time working in Cemetery, and unwanted moles. Discussion was shared regarding prioritizing the issues at the Cemetery estimated amount of $315,000. 

Hayley Burks and Allie Wesner, representatives of the Buchanan High School Softball Team requested support from the City Commission to serve Chili on the Senior Center steps prior to the Holiday Lighting. No objections were heard and the Mayor requested them to coordinate with City Manager. Hagey moved seconded by Moore to allow the Team to serve Chili at the Senior Center. Roll call vote carried unanimous.

Chief Bill Marx provided reports about the Police Department and Code Enforcement to the Commission and explained in detail. He further reported on work schedule change, "no idle" directive to officers, sick call procedure, case supervision sheets, sex offender registration checks, new ordinance attorney, department training, and programs & initiatives. Discussion was shared with Commission regarding code enforcement. 

The Mayor called the Public Hearing to order at 8:42 p.m. for the purpose of considering Buchanan Metal Forming of 103 West Smith Street, Buchanan, Michigan application granting an Industrial Facilities Exemption Certificate (IFEC) for 103 West Smith Street, pursuant to Act No. 198, Public Acts of 1974, as amended. Sharon Tyler explained the request in detail and introduced John P. Sawayda III, Director of Operations at Buchanan Metal Forming. McGuire asked about the white residue floating in the creek next to the business with Sawayda confirming to investigate. Jodie Hinds, Elizabeth Street asked about the job creation for Buchanan residents and the Cities responsibility for testing the creek for emissions. Sawayda replied that Buchanan residents would be considered for employment. Being no further public comments the Mayor closed the Public Hearing at 8:51 p.m. 
Moore moved seconded by McGuire to approve the Resolution granting an Industrial Facilities Exemption Certificate (IFEC) for 103 W. Smith Street. 
WHEREAS, pursuant to Michigan Public Act 198 of 1974, M.C.L. 207.551 et seq. ("Act 198") after duly noticed public hearing held on September 24, 2001, this Buchanan City Commission (the "Commission") by resolution established the "Buchanan Metal Forming Industrial Development District" located at 103 West Smith Street, Buchanan, Michigan; and
WHEREAS, Buchanan Metal Forming, Inc. (the "Applicant") has filed an application for an Industrial Facilities Exemption Certificate (the "Certificate") with respect to real and personal property at 103 West Smith Street facility; and 
WHEREAS, before acting on said application the Commission held a public hearing on November 14, 2005 at the Buchanan City Hall, at which hearing the Applicant, the Assessor and a representative of the affected taxing units were given written notice and were afforded an opportunity to be heard on said application; and 
WHEREAS, construction of real property and the installation of personal property (the "Project") had not begun earlier than six (6) months before the date of the acceptance of the application for the Certificate; and 
WHEREAS, completion of the Project is calculated to and will at the time of issuance of the Certificate have the reasonable likelihood to retain, create, or prevent the loss of employment in Buchanan City. 
NOW, THEREFORE, BE IT RESOLVED by the Buchanan City Commission that: 
1.The Commission finds and determines that the granting of the Certificate considered together with the aggregate amount of the certificates currently in force under Act No. 198 shall not have the effect of substantially impeding the operation of the Buchanan City Commission (the "Commission"), or impairing the financial soundness of a taxing unit which levies an ad valorem property taxes in the City. 
2.The Letter of Agreement between the Applicant and the City is hereby approved. 
3.The Application for the Certificate is hereby approved and when issued shall remain in force and effect for a period of 12 years. 
Roll call vote carried unanimous. Resolution 2005.11/25 declared adopted.

Reverend James Robinson requested the reopening of the Youth (Teen) Center with a more detailed proposal. He summarized the report while all reviewed the proposal to partner with the City to provide a safe haven for the youth of Buchanan. Moore asked for further clarification of portions of the proposal. Bill Frank explained the City to be liable for major repair and reported his view of the proposal. The Mayor stated the proposal was vague and requested that the consortium meet with the Commission at a less informal setting. Questions and discussion were shared. Commissioners asked if a partnership with school would be more advantageous, their funding mechanism, supervision and education hours, and curriculum to be brought forward. Pastor Chris Kruchkow reported support from Buchanan Area Ministerial Association and of his meetings with Buchanan Community Schools and confirmed the Consortium intent to invest in the community youth. Marilyn Cashier, 20 year resident spoke positive and favorable to volunteer 100%. Mullendore recommended that she meet with a key person from the consortium to design agenda and further clarify and schedule work session to exchange dialogue. Tom Fox, Secretary of the Ministerial Association reported a written resolution approved to support the Youth Center and urged the Commission to support. Pastor Robinson confirmed a meeting with Mullendore. Commissioners embraced the vision of the consortium and greetings were shared. 

Smigielski explained the federal government mandated states and jurisdictions to regulate and educate the public about storm water due to the Clean Water Act and recommended fine amounts. There was discussion about the regulations and an actual violation. Tom Fox stated he was representing Bertrand Township on the Water Shed Management Team and recommended favorable approval. Lyle Sumerix asked about the effect on personal property owners washing their vehicles. After brief discussion, Hagey moved seconded by Moore to approve the Ordinance with the corrected changes to the original. Roll call vote carried unanimous. Ordinance 2005.11/367, Stormwater Regulations Section 102, Article VII., Illicit Discharge and Connection declared adopted and attached as a part of these minutes. 

After clarification of the Street Closure Request, McGuire moved seconded by Moore to approve the request to close half of the 100 block of N. Oak Street for two days and all lanes for one day at 101-105 E. Front Street to demolish 101 E. Front Street (Jankoviak Building). There was concern to completely close Front Street and the sand fill. After discussion requiring the Police, Building, and Public Works Departments to oversee the closure a roll call vote carried unanimous.

Mullendore explained Charter Section 4.5, Election of Mayor process and the concern with the change in Election dates. Past practice has been election of a Mayor every year in November. After shared discussion the Commissioners concurred to rely on the Charter verbiage and select Mayor and Mayor Pro Tem every two (2) years in unification with the City Election. 

Mullendore explained her conversations with City Attorney Hyrns regarding the proposed disciplinary procedure and requested approval of the Disciplinary Policy. Moore moved seconded by Hagey to approve Disciplinary Policy P 2005-11-0011 as submitted. Roll call vote carried unanimous.

Sharon Tyler distributed basic information about SMEGA. She reported 18 prospective businesses for 2005, visit & inventory with Norfolk/Southern, 5 local and 2 outside companies looking at the Renaissance Zone, 16 retention visits in Buchanan (2 down, 6 flat, and 8 up in sales), and one exemption certificate for Buchanan Metal Forming for a project increase of $720,220. and a job increase of 24. 

City Manager Comments: 

  • Farmers' Market complete next week, posts not painted until next spring 
  • Financial Statement for Men's Softball dropped off by Al Fisher and the Treasurer disseminated information into a legible spreadsheet. No check s and balances nor invoices, cancelled checks or receipts available. Lunch with School Superintendent Dave Casey and both agreed to work together for an amicable solution for school, city, and softball. 
  • Retail interest in two (2) acres of the Renaissance Zone. Her administrative opinion unfavorable as it would adversely effect downtown and uptown. 
  • Upcoming event dates/times 

All Commissioners expressed happy holidays 

King commented: 

  • Compliments to the Trail Dinner Dance & Silent Auction 
  • Great Halloween Festivities 
  • Pleased with the progress on the Jankoviak buildings 

Moore commented: 

  • Acknowledgement and appreciative of meeting attendance 

McGuire commented: 

  • Farmers' Market an enhancement and progressing well 
  • Pleased with the turnout for the Halloween Parade sponsored by the Masonic Lodge 

Hagey commented: 

  • Pleased with the northeast neighborhood involvement and in hopes for someone to commit to a tenure on the City Commission 

Scanlon commented: 

  • Urged attendance to upcoming events 
  • Hopes for Farmers' Market ribbon cutting ceremony on December 2nd 
  • Thanks to all for all wonderful Halloween events 

Moore moved seconded by Hagey to go into Closed Session to discuss the purchase or lease of real property at 10:35 p.m. Roll call vote carried unanimous.

The Mayor reconvened the meeting at 11:21 p.m. with no action taken during Closed Session. King moved seconded by McGuire to approve the October 31, 2005 Closed Session Minutes for the purchase of property as reviewed in Closed Session. Roll call carried unanimous.

McGuire moved seconded by Moore to adjourn the meeting at 11:24 p.m. Voice vote carried unanimous.

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