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July 24 2006 Minutes

CITY OF BUCHANAN COMMISSION MINUTES 
JULY 24, 2006 

A regular meeting of the City Commission was held at City Hall, 302 N. Redbud Trail, Buchanan, Michigan Monday, July 24th and called to order by Mayor Scanlon at 8:00 p.m. 

All in attendance recited the Pledge. Reverend Sean Kidd, Buchanan Christian 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: Friends of Oak Ridge Cemetery Chairman Lyle Sumerix and 10 visitors present including 2 reporters 

Arbanas moved, seconded by McGuire to approve the Consent Calendar as presented. Roll call vote unanimous.

  • Agenda 
  • Minutes: Regular Meeting July 10, 2006 
  • Checks 50631 to 50719 in the amount of $368,330.92 
  • Mail Box Replacement Policy P2006-07-24 
  • Closure of North Parking Lot behind Marzoos, 217 E. Front Street on August 30th from 6:00 to 10:00 p.m. for the Kim Bennett Family Benefit 


Sumerix confirmed that the "Community-based Reward Program" was in place to fight past and future acts of vandalism in the Buchanan Community with pledged monetary assistance from the American Legion Post 51, Buchanan Lions Club, Buchanan Moose Lodge 449, Chamber of Commerce, and VFW Post 3102. He also confirmed a request was made to the Prosecutors Office to include restitution with a conviction. Police Chief Marx arrived and thanked the Cemetery Friends for their involvement/cooperation with pursuing the reward money program. Discussion was shared with Commission, Marx and Sumerix. 

After brief overview from Mullendore and confirmation of the Commission requested change, Moore moved, seconded by Arbanas to approve the resolution as presented.
A RESOLUTION TO PLACE BEFORE THE ELECTORS OF THE CITY OF BUCHANAN, A PROPOSED AMENDMENT TO CHAPTER 9, SECTION 9.10 OF THE CHARTER OF THE CITY OF BUCHANAN, AT A GENERAL ELECTION TO BE HELD ON NOVEMBER 7, 2006. 
BE IT RESOLVED by the City Commission for the City of Buchanan, state of Michigan, as follows: 
1.The said City Commission by a three-fifths vote of its members-elect, pursuant to authority granted in Act 279 of Public Acts of 1909, as amended, proposes that Chapter 9, Section 9.10 shall be amended as follows: 
Purchasing Procedure: 
SECTION 9.10. The City Manager shall be responsible for all city purchasing. The Commission shall provide by ordinance the necessary procedures governing purchasing and the making of contracts. Such ordinance shall specify an amount below which and purposes for which purchases may be made by the City Manager either without specific authorization or without the necessity of formal competitive bidding, or both. The City Manager shall obtain Commission approval on all contracts or transactions involving the expenditure of $5,000.00 or more. The Commission may also authorize the making of public improvements or the performing of any other city work by any city department or agency without competitive bidding. The Commission, in its discretion, shall have the right to reject any and all bids. 
Provisions of the existing Section 9.10 of the Charter of the City of Buchanan to be altered by such proposal, if adopted, now read as follows: 
Purchasing Procedure: 
SECTION 9.10: The city Manager shall be responsible for all city purchasing. Competitive prices for all purchases and the public improvements shall be obtained and the purchase made from, or the contract awarded to, the lowest competent bidder. Formal sealed bids shall be obtained in all transactions involving the expenditure of $1,000 or more and the transaction evidenced by written contract submitted to and approved by the Commission; provided, that in cases where the Commission indicates by formal unanimous resolution of those present at the meeting, based upon the written recommendation of the City Manager, that it is clearly to the advantage of the city to contract without competitive bidding, it may so authorize. Detailed purchasing and contract procedure shall be established by ordinance. The Commission may also authorize the making of public improvements or the performing of any other city work by any city department or agency without competitive bidding. 
2.The purpose of the proposed amendment is as follows: 
A Charter Amendment to amend Section 9.10 by removing the $1,000.00 monetary limitation on obtaining formal sealed bids and require the City Manager to obtain City Commission approval on all contracts or transactions involving the expenditure of $5,000.00 or more. 
3.The proposed amendment shall be submitted to the electors in the following form, to-wit: 
Shall Chapter 9, Section 9.10 of the Charter of the City of Buchanan be amended by removing the $1,000.00 monetary limitation on obtaining formal sealed bids and require the City Manager to obtain City Commission approval on all contracts or transactions involving the expenditure of $5,000.00 or more.
YES NO ‪ 
4.The proposed amendment shall be published in full together with the existing charter provision altered or abrogated thereby once in the Berrien County Record newspaper not less than ten (10) days prior to the election. 
5.Said Ballot Proposal shall be submitted to the qualified electors of this City at the election to be held in the City of Buchanan on the 7th day of November, 2006, and the City Clerk is hereby directed to give notice of the election in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such Charter Amendment to the vote of the electors. 
6.The canvass and determination of the votes of said question shall be made in accordance with the laws of the state of Michigan and the Charter of the City of Buchanan. 
Roll call vote unanimous. Resolution 2007.07/23 declared adopted on July 24, 2006.

The Mayor introduced Ordinance amending Chapter 38, Article II, "Environment" by amending Section 38-29; Noise-Producing Devices. After discussion between Mullendore and Commission, Moore moved, seconded by McGuire to call a Public Hearing for Monday August 14, 2006 at 8:00 p.m. to invite and hear public comments on the proposed Ordinance. Roll call vote unanimous.

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.

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