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February 1 2006 Minutes

CITY OF BUCHANAN COMMISSION MINUTES
FEBRUARY 1, 2006

A rescheduled (due to lack of quorum) regular meeting of the City Commission was held at City Hall, 302 N. Redbud Trail, Buchanan, Michigan Wednesday, February 1 and called to order by Mayor Scanlon at 8:01 p.m.

The Pledge was recited by all in attendance. Reverend Leonard Bailey, Church of the Nazarene gave the Invocation.   

Mayor Scanlon announced that questions would be asked of both candidates and introduced Barbara Clark & Alberta “Jeanne” Arbanas. Clark and Arbanas gave a brief biography. The Mayor and Commissioners asked questions of, or made statements to the candidate’s and thanked both candidates. There was discussion regarding protocol between employee and commissioner per the Charter.
A motion to appoint Barbara Clark for the remainder of the vacant term through November 2006 was heard. YEA: McGuire, Moore.  NAY: Hagey, Scanlon.
Roll call vote tied.
A motion to appoint Jeanne Arbanas for the remainder of the vacant term through November 2006 was heard. YEA: Hagey, Scanlon. NAY: McGuire, Moore.  Roll call vote tied.

After Commissioners discussed the issue of cost for a special election, Moore made a motion to appoint Jeanne Arbanas for the remainder of the vacant term through November 2006, Hagey seconded and a roll call vote was taken. YEA: Hagey, Moore, Scanlon. NAY: McGuire.  Motion carried by majority vote. 

The Clerk administered the Oath of Office to Alberta “Jeanne” Arbanas and she took the vacant seat at the dais.
 
Sheila Daley announced the 2006 Community Service Award presented on January 12th to Friends of McCoy’s Creek Trail from Michigan State Parks & Recreation as submitted by Buchanan Recreation Director Wayne Writer.  She presented the plaque, requested that the award be displayed at City Hall and thanked all.

Commissioners present: Alberta Arbanas, David Hagey, MarLon McGuire, Patricia Moore, Earl Scanlon III
Commissioner absent:    None
Staff present included City Manager Meg Mullendore, and City Clerk Gladys Bybee. City Attorney Randy Hyrns was also in attendance.
Guests included Sheila Daley and Mae & Dick Proud along with 21 visitors present, 2 being Press. 

The clerk requested that the Agenda be amended to include payment of checks numbered 49565 through 49575 in the amount of $15,841.80 under checks on the consent calendar.  Moore moved, seconded by McGuire to amend the Agenda to include the request.  Roll call vote unanimous.

Moore moved seconded by McGuire to approve the Consent Calendar as amended.  Roll call vote carried unanimous.
• Agenda as amended
• Minutes of Regular Meeting January 9, 2006
• Checks 49477 to 49575 in the amount of $180,567.88 as amended
• Appoint Craig Schneider as a member of the Buchanan Plan Commission for a partial term through 2008
• Resolution 2006.02/3 authorizing the City Manager as the official to be representative for the City of Buchanan on the Policy Committee of NATS
At a rescheduled regular meeting of the City Commission of the City of Buchanan, County of Berrien, State of Michigan (the “City”), held in said City on Wednesday, February 1, 2006 the Resolution was proposed by Commissioner Moore; seconded by Commissioner McGuire.
WHEREAS, the Southwestern Michigan Commission (SWMC) serves Berrien, Cass and Van Buren Counties and is one of fourteen regional planning and development organizations in the State of Michigan; and
WHEREAS, SWMC develops a coordinated, rational, standardized system for ranking pavement conditions for local jurisdictions/ agencies to be used as criteria for project selection; and
WHEREAS, SWMC identifies needed safety improvements and system inefficiencies, updates demographic and employer information, monitors transit system data, reviews functional classifications of roads, and works with MDOT to evaluate alternative improvements; and
WHEREAS, Niles/Buchanan/Cass Area Transportation Study (NATS) is comprised of two Committees that oversee the Transportation Plan.  The Policy Committee is comprised of elected and appointed community leaders.  They set the transportation policies and goals for the region.  The Technical Advisory Committee is made up of local and regional transportation and business professionals who provide technical advice to the Policy Committee.
NOW, THEREFORE, BE IT RESOLVED:  that the City of Buchanan authorizes Meg Mullendore, City Manager as the official to be the representative for the City of Buchanan on the Policy Committee of NATS.
Roll call vote unanimous.  RESOLUTION 2006.02/03 DECLARED ADOPTED this 1st day of February 2006.

Mae Proud reported on the Buchanan Garden Club events and plantings around the City.  She explained the Arbor Day Celebration, fundraisers, plantings, and “2006 Buchanan In Bloom Tour”. 

Mullendore recalled the past discussions when purchasing City vehicles and confirmed that existing vehicles would remain the color as purchased.  
At a rescheduled regular meeting of the City Commission of the City of Buchanan, County of Berrien, State of Michigan (the “City”), held in said City on Wednesday, February 1, 2006 the Resolution was offered by Commissioner Moore and supported by Commissioner McGuire.
BE IT RESOLVED, the Buchanan City Commission has determined that City vehicles should be unvarying and consistent in color; and
BE IT FURTHER RESOLVED that from this day forward all vehicles purchased for the City of Buchanan shall be white in color.  
Roll call vote unanimous.  RESOLUTION 2006.02/04 DECLARED ADOPTED this 1st day of February 2006.

The Annual Planning Meeting for 2006-2007 Commissioner Goals & Priorities was scheduled for February 11th at the Gateway Foundation. The Mayor requested a copy of updated Goals.

Attorney Hyrns explained in detail the mortgage the City has within the Economic Development Agreement with Express 1 and the request from Express 1 for a Subordination Agreement due to a change of name as the business was purchased.  Mullendore reported on a luncheon meeting with representatives from Express 1.

At a rescheduled regular meeting of the City Commission of the City of Buchanan, County of Berrien, State of Michigan (the “City”), held in said City on Wednesday, February 1, 2006 the Resolution was offered by Commissioner Hagey and supported by Commissioner Moore.
Subordination Agreement
 WHEREAS, the City of Buchanan (“City”) and Express I Properties LLC (“Developer”) entered into an Economic Development Agreement and Lien (“Agreement”) dated the 10th day of July, 2000; and
WHEREAS, the Agreement provides in paragraph 10 that the “…Developer shall not, without the prior written consent of the City, transfer ownership interest of the Property…”; and
WHEREAS, the City has received notice that the Developer wishes to convey the Property and its rights and responsibilities under the Agreement to an entity known as “Segmentz, Inc.”, and
WHEREAS, the City agrees to the transfer of the Property so long as the Developer obtains from Segmentz, Inc. an acceptance of the rights and responsibilities under the Agreement in a form similar to the form attached as Exhibit 1; and
WHEREAS, the proposed transfer shall require a Subordination by the City of its lien and mortgage over the property of the Developer to Chemical Bank Shoreline in a form similar to the form attached as Exhibit 2.
NOW, THEREFORE, BE IT RESOLVED that the City:
1. Approves of the transfer of the Property from the Developer to Segmentz, Inc. under the condition that Segmentz, Inc. signs an acceptance of Developer’s rights and responsibilities under the Agreement;
2. Approves of the proposed subordination agreement of the City’s Lien and
Mortgage over to property to the interest of Chemical Bank Shoreline, conditioned upon Segmentz, Inc.’s acceptance of the Developer’s rights and responsibilities under the Agreement.
Roll call vote unanimous.  RESOLUTION 2006.02/05 DECLARED ADOPTED this 1st day of February 2006.

The Mayor introduced Amendment to Code of Ordinances Section 86-Streets, Sidewalks & Other Places, Article III.  Sidewalks Section 86-67 Duties To Keep Sidewalk Clean.  Hagey moved seconded by McGuire to call a Public Hearing for final adoption on Monday February 27, 2006 at 8:00 p.m.  Mullendore explained that older sidewalks are only 30 inches in width and would be recognized within the final Ordinance.  The Mayor recommended that ample notification be provided by the City and urged public comments/participation.  Roll call vote unanimous. 

Hagey moved seconded by McGuire to table the Resolution for Scheibe’s Bar & Grill, LLC to transfer ownership of 2005 Class C Licensed Business with Dance-Entertainment Permit, located at 215 E. Front Street until the next meeting with the anticipation of a investigation report provided by the Police Department.

Mullendore reported discussion with Russ Stephens, Representative for the Senior Services Board.  Moore moved seconded by Hagey to authorize the City Manager to negotiate lease terms including rent charge and schedule for the building at 131 S. Oak Street with the Senior Services Board. Roll call vote unanimous.

There was discussion regarding the lights downtown. Alice Kring invited the City Commission to the Chamber of Commerce Redbud Awards. Dick Proud commended the Commission on the difficult decision to appoint a new member to the Commission.

Mullendore commented: 
• Welcome new commissioner 
• Invitation from Mary Lister for Commission to walk through Art Center to view the art of Shirley Roti-Roti
• Cost of $4,500. to repair the parked vehicle (retired cemetery truck) to be safe or declare it surplus and sell it at auction. Discussion was shared about having a reconditioned vehicle in case of emergency. The Commission requested a detail list of what was reviewed.
• Letter received from the District Library regarding concerns with parking for the Farmers’ Market by impeding their parking lot.  She also asked direction from the commission regarding the cities option of exercising the right within the Agreement to purchase the second floor of the District Library building for municipal use.  After discussion, the Mayor stated that further discussion would be held at the Goal Setting Session.
• Letter received from Gene Wesner to further pursue alleged (caused by snow plowing) damages to showroom window. Copy given to Commissioners. 

Commissioner’s declared difficult decision between the two candidates, encouraged Barbara Clark to run in the fall election for Commissioner Seat, and shared greetings with newest member Jeanne Arbanas.

Arbanas commented:
• Thanks for support and patience 
McGuire commented:
• Congratulations to Officers that Chief Marx presented Awards to at Police Department Awards Banquet
• Pleased lights are working downtown
• Wishes for Flo King the best of health
Scanlon commented:
• Congratulations to the Trail Committee
• Requests Citizens Awards again once a month

McGuire moved seconded by Moore to go into closed session to discuss the purchase or lease of real property at 9:52 p.m. Roll call vote carried unanimous. 
The Mayor reconvened the meeting at 10:46 p.m. with no action taken during Closed Session. 

McGuire moved seconded by Moore to adjourn the meeting at 10:47 p.m. Voice vote carried unanimous.

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

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