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August 14 2006 Minutes

CITY OF BUCHANAN COMMISSION MINUTES
August 14, 2006
  
A regular meeting of the City Commission was held at City Hall, 302 N. Redbud Trail, Buchanan, Michigan Monday, August 14th and called to order by Mayor Scanlon at 8:00 p.m. 
  
All in attendance recited the Pledge. Reverend Tom Fox, Portage Prairie Unitied Methodist Church gave the Invocation.

Commissioners present: Alberta Arbanas, David Hagey, MarLon McGuire, Patricia Moore, Earl Scanlon III  
Commissioner absent:   none
  
Staff present included City Manager Meg Mullendore, Public Services Director Rick Smigielski, and Clerk Gladys Bybee
Guests/Visitors present: Buchanan Art Center Board President Mary Lister and 19 visitors present including 3 reporters

The Mayor called the public hearing to order at 8:04 p.m. The clerk verified that written comments were not received and publication as applicable. The Mayor requested public comments regarding the Ordinance amending Chapter 38, Environment, Article II – Nuisances, Section 29; Noise Producing Devices.  The City Manager summarized the ordinance and Phil Hempel, 311 W. Front Street asked if the Police Department was equipped to enforce the Ordinance and discussion was held.  The Mayor closed the hearing at 8:04 p.m.

Mayor Scanlon read the biography and presented the Citizen Appreciation Recognition Award to Bessie Bonnet, 1102 Victory Street.

McGuire moved, seconded by Arbanas to approve the Consent Calendar as presented.  Roll call vote unanimous.
• Agenda
• Minutes: Regular Meeting July 24, 2006 
• Checks 50720 to 50870 in the amount of $1,389,184.42
• Appoint the Mayor as the Official Representative and the City Manager as Alternate at the Annual Business Meeting of MML for voting purposes.
• Street Closure of Days Avenue on August 25th from 4:00 p.m. to midnight for Buchanan Fest
• Resolution 2006.08/24, Accepting Financial Assistance Section 5311 Dial-A-Ride FY 2005/2006 
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 17 percent of audited costs for FY2006; and
Whereas, the MDOT Agreement No. 2002-0022/Z5/R1, Project No. 859370 will provide 17 percent of eligible audited operating costs, not to exceed $17,818. NOW THEREFORE, BE IT RESOLVED:  that the City of Buchanan does hereby make its intentions known to accept this MDOT Agreement No. 2002-0022/Z5, Project No. 859370 Section 5311 federal increased operating assistance for FY2006. 
BE IT FURTHER RESOLVED,  that City of Buchanan authorizes Julianne O'Bryant as Transportation Coordinator, and Earl J. Scanlon III, Mayor of the City of Buchanan to jointly execute MDOT  Agreement No. 2002-0022/Z5/R1, Project No. 859370 for the Commission for 2006 Section 5311 Federal operating assistance.

Mary Lister reported that the Art Center was open part-time with AARP assistance and their construction loan paid off.  She announced and explained the schedule of classes, 1,400 patrons over the past year, thanked the City Commission for support, and distributed an art center brochure.

McGuire moved, seconded by Arbanas to approve the proposed Ordinance as presented. 
AN ORDINANCE AMENDING CHAPTER 38, ARTICLE II, BY AMENDING SECTION 38-29.
THE CITY OF BUCHANAN ORDAINS:  Chapter 38, Article II, “Environment”, of the Buchanan Code of Ordinances is amended to read as follows:
Sec. 38-29.  Noise-producing devices.
 (1) The operating or maintaining of noisemaking, noise-amplifying or noise-producing instruments or devices by which the peace or good order of the neighborhood is disturbed is hereby declared a nuisance.  No person by himself or for another shall operate or maintain any radio, phonograph, player piano, calliope or other noisemaking, noise-amplifying or noise-producing instrument or device in any public or private place in any manner by which the peace and good order of the neighborhood are disturbed; or persons occupying property in the neighborhood are disturbed or annoyed.
(2)  Excessive noise from electronically amplified sound systems in or on motor vehicles.  No person operating or in control of a parked or moving motor vehicle (including motorcycles and mopeds) shall operate or permit the operation of an electronically-amplified sound system in or about the vehicle so as to produce sound that is clearly audible at a distance of fifty (50) feet from the vehicle between the hours of 7:00 a.m. and 11:00 p.m. , or clearly audible at a distance of twenty-five (25) feet from the vehicle between the hours of 11:00 p.m. and 7:00 a.m., except as follows:
        (a)  Any police vehicle, ambulance, fire engine or emergency vehicle while engaged in emergency or necessary public activities; or
        (b)  Sound made to alert persons to the existence of an  emergency, danger, or attempted crime, or for warning purposes authorized by law.
(3)   A person who violates this section, 38-29., shall be punished as provided in section 1-15, General Penalty, of this Code.   
 This ordinance shall become effective fifteen (15) days after enactment and publication pursuant to Chapter 7, Section 7.4 and Section 7.5 of the Charter of the City of Buchanan, Michigan.
ROLL CALL VOTE UNANIMOUS.  ORDINANCE 2006.08/372 MADE, PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BUCHANAN, BERRIEN COUNTY, MICHIGAN, ON THE 14TH DAY OF AUGUST, 2006, AND IT WAS PUBLISHED IN THE BERRIEN COUNTY RECORD NEWSPAPER ON JULY 27, 2006.

Mullendore explained the three bids received and reviewed for the Electrical Inspection and Plan Review.  McGuire moved, seconded by Moore to approve the contract with Ken Simpson with an additional clause of a 60 day written notice for either party to terminate the contract.  Roll call vote unanimously carried.

Mullendore announced that Police Chief Marx would be meeting with them tomorrow and introduced Chamber of Commerce Director Michelle Klarich as applicant of the Fireworks Permit.  Klarich explained the application for the Fireworks Display in the field at the north end of McCoy Creek Duck Pond by Great Lakes Fireworks.  Moore moved seconded by McGuire to authorize Police Chief Marx to sign the permit.  Roll call vote unanimously carried.

Smigielski reported that overhauling vertical turbine pump and motor to Well Pump #4A was scheduled for maintenance in 2005 but was delayed from discussion for bonding in 2006 and would be paid through equipment depreciation and reimbursed when bonding dollars available.  After shared discussion, Hagey moved, seconded by Moore to approve the bid waiver in the amount of $8,950. to allow Peerless-Midwest, Inc. to overhaul Well Pump #4A as presented.  Roll call carried by majority vote. YEAS: Moore, Hagey, Arbanas, Scanlon. NAYS: McGuire

Smigielski explained the damage to the hose caused during a previous clean out with the vactor truck.  McGuire moved, seconded by Moore to approve the bid waiver to purchase the high pressure hose from Deed’s Equipment Company in the amount of $1,560. in the Department of Public Works. Roll call vote carried unanimous.

Mullendore reported on the request of upgrading the current Nextel phones and explained the new plan in detail.  After shared discussion, McGuire moved, seconded by Moore to authorize the City Manager to upgrade the current Nextel phone system as described. Roll call vote carried unanimous.

Bill Baber introduced himself as candidate for 78th District State Representative and gave a brief biography.  Dates/times announced for “Meet the Candidates”.
Stella Proud commended Police Chief Marx and noted several concerns.  Smigielski confirmed the trees along Front Street were being addressed and Mullendore reported  the Senior Services Board has taken control of the Center rentals and deposits.

Mullendore commented: 
• Animal control draft ordinance again distributed; will introduce at next meeting 
• Transportation Management Inc. (TMI) applied for grant funding on behalf of Buchanan Dial-A-Ride for 3 new buses; more information at next meeting
• Announced emergency quotes solicited to replace air conditioning at the Ross-Sanders building as unit completely out at the Building/Police Department; will have bid waiver at next meeting
• Noted upcoming event dates/times

McGuire commented:
• High attendance at the Silverhawks Buchanan Day at the Cove and the growing Farmers’ Market
• Sympathy on the death of long time constituent Kim Bennett
• His candidacy for re-election for City Commission position 
Moore commented:
• Pleasure with first meeting of Downtown Design Review Committee administered through the Zoning Ordinance concerning design for Redbud Insurance 
Arbanas commented:
• Urged attendance to Tin Shop Opening Night of “Way Out West in a Dress”
• Thanks to all participants’ with the Kurt Florey benefit; raised about $4,500. 
Hagey commented:
• Amazed at how committed people unite for special causes
• In receipt of rave reviews regarding the Farmers’ Market
Scanlon commented:
• Hearing positive remarks of the Farmers’ Market
• Thanks to the Chamber for managing Buchanan Day at the Cove along with thanks to Arbanas and Express 1 for sponsoring the Kurt Florey Benefit
• Urged residents’ to get out and vote and noted the “Meet the Candidates” function

McGuire moved seconded by Arbanas to adjourn the meeting at 9:06 p.m. Voice vote carried.

__________________________                       _____________________________
Gladys M. Bybee, CMC-City Clerk                          Earl J. Scanlon III, Mayor

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