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May 22 2006 Minutes

CITY OF BUCHANAN COMMISSION MINUTES 
MAY 22, 2006 

The Mayor called the public hearing to order at 8:02 p.m. The clerk verified that written comments were not received. The Mayor requested public comments regarding the sale of public property located at 101 W. Smith Street. Being no public comments, the Mayor closed the hearing at 8:04 p.m. 
The Mayor called the public hearing to order at 8:04 p.m. The Clerk verified that written comments were not received. The Mayor requested public comments concerning the distribution of the FY 2006-2007 Southwestern Michigan Community Ambulance Services (SMCAS) Special Assessment Levy and proposed SMCAS budget, which included the special assessment in the amount of $10.00 per dwelling. Being no public comments, the Mayor closed the hearing at 8:05 p.m. 

A regular meeting of the City Commission was held at City Hall, 302 N. Redbud Trail, Buchanan, Michigan Monday, May 22nd and called to order by Mayor Scanlon at 8:06. 
The pledge was recited by all in attendance. No Invocation was heard. 

Commissioners present: Alberta Arbanas, David Hagey, MarLon McGuire, Patricia Moore, Earl Scanlon III 
Commissioner absent: none 
Staff present included City Manager Meg Mullendore, Police Chief Bill Marx, Public Service Director Rick Smigielski, and City Clerk Gladys Bybee 
Guests/Visitors present: City Attorney Randy Hyrns, Senior Services Director Alice Hopkins and 26 visitors, 2 being Press 

Hagey moved, seconded by Moore to approve the Consent Calendar as submitted. Roll call vote unanimous.
Agenda Minutes: Regular Meeting May 8, 2006 
Checks 50232 to 50322 in the amount of $107,347.03 
Street Closure on June 3rd; Phelps Street for Bicycle Parade/Safety Lesson for Neighborhood Watch 
Street Closure on May 29th; Carrol Street for Liberty Baseball Field Annual Memorial Day Event 
2006-2007 City Commission Priorities 

Buchanan Senior Services Director Alice Hopkins thanked the City Commission, Churches and all others for support to the Senior Services prior to the organization receiving any tax assistance. She explained the receipt of the first tax check, assistance with the most current Medicare program, Safety and Scam program, Bingo, pot luck, garage sale, senior transportation for medical appointments, and fundraiser for Pastor Dave Mitchell. 

Alice Kring, Chamber of Commerce President distributed invitations to the Farmers' Market Grand Opening. She explained the Fire Works Display and Beer Garden proposals along with signed petitions (120) supporting the beer garden. After shared discussion, Kring explained the Fire Works Display (15 minutes) proposal in detail, requested permission to use the Third Street property, and verified that the City would be added as an extra insured on a liability policy obtained from the contracted display 
company. Kring explained the Chamber sponsored Beer Garden Proposal and the State Liquor Commission permit process and requirements. She confirmed the Chamber would be the licensee and name the City as an additional insured on a liability policy. Discussion was shared. Chief Marx requested a vote of support from the City Commission that would allow him to sign the Liquor License application from the Chamber of Commerce. McGuire moved, seconded by Arbanas to authorize Police Chief Marx to sign the Beer and Wine liquor license application from the Chamber of Commerce for the beer garden contingent on the City attorney's review of the liability policy and the Police Chiefs discretion. AYES: McGuire, Arbanas, Moore, Scanlon. NAYS: Hagey. Roll call vote carried by majority.

Moore moved, seconded by McGuire to authorize the use of the City owned Third Street parcel for the Fire Works Display during Buchanan Fest with the Police Chiefs discretion and Attorneys review of the liability policy. Roll call vote carried unanimous.

Chief Marx, City Representative for Southwestern Michigan Community Ambulance Services (SMCAS) spoke briefly and introduced Operations Director Tim Gray who was available to answer any questions/concerns. After brief shared discussion, Hagey moved, seconded by Arbanas to approve the resolution for the 2006-2007 Budget and Special Assessment as submitted.
BE IT RESOLVED, that the CITY OF BUCHANAN, in conjunction with the City of Niles, the Townships of Niles, Buchanan, Bertrand in Berrien County, and the Township of Howard in Cass County, pursuant to a certain joint assessment district resolution for the support of SMCAS adopted April 26, 2004 and approved by the majority vote of the electorate on August 3, 2004, does hereby take the following action: 
1.The special assessment district, pursuant to such resolution, is hereby established. 
2.The proposed SMCAS financial budget for fiscal year 2006-2007 indicating an assessment of $10.00 is hereby approved. 
3.The amount of the special assessment is $10.00 and the assessing officer is directed to spread the assessment as provided in the joint resolution along with the December 2006 tax assessment to be due and collected as provided in the joint resolution. 
4.As a further clarification of the parcel/units to be assessed, as set out in paragraph 3 of the joint resolution, the assessing officers are directed to levy the assessment amount of $10.00 per unit as follows: 
a.Campground - One unit for the campground itself and one unit for each permanent dwelling situated on the campground. Each rental "hook-up" will not be considered as a separate unit. 
b.Mobile Home Park - One unit for each mobile home, the number of mobile homes being determined by the average number of mobile homes located in the mobile home park for the calendar year in which the special assessment is levied. 
c.Hotels and Motels - One unit for each hotel and motel and one unit for each living unit occupied by a permanent resident. 
d.Commercial - One unit for each improved parcel, which shall include all contiguous commercial parcels as one unit and one unit for each dwelling therein. 
e.Residential - One unit for each dwelling that is occupied or is available for occupancy and is permanently affixed. 
f.Where provisions herein are inconsistent with the joint resolution, these provisions herein shall supersede such provisions and be controlling. 
5.The Public Hearing of the City of Buchanan to hear comments to the distribution of the $10.00 special assessment levy was held at City Hall, 302 N. Redbud Trail, Buchanan, MI 49107 on May 22, 2006 at 8:00 p.m., local time. 
Roll call vote carried unanimous. RESOLUTION 2006.05/18 DECLARED ADOPTED this 22nd day of May, 2006. 

Public Services Director Rick Smigielski explained his request for a Bid Waiver to purchase Duplex Strainer Basket in the amount of $4,135.32 plus shipping for the Wastewater Department tabled from last meeting (attachments previously delivered although he distributed additional information). After shared discussion about the longevity, need, and payment by bonding, McGuire moved, seconded by Hagey to remove from the table and approve the bid waiver not to exceed $4,400.00 to purchase the duplex strainer basket for the Wastewater Department as presented. Roll call vote carried unanimous.

Parks and Recreation Director Wayne Writer explained the necessary changes to the Five Year Plan and urged support of the proposed resolution. After shared discussion, Moore moved, seconded by McGuire to approve the resolution as presented.
WHEREAS, it is a primary function of the Buchanan Area Recreation Board to maintain a current plan for City parks and recreation areas, facilities and programs, and 
WHEREAS, the Board has analyzed the cultural and physical resources of the City including an inventory of existing recreation facilities, and 
WHEREAS, the Board has established a plan of action for the improvement of park facilities and recreational opportunities in Buchanan, and 
WHEREAS, the Board held a Public Hearing to invite and hear comments about the Plan. 
NOW, THEREFORE, BE IT RESOLVED, that the 2006 Buchanan Community Recreation Plan is hereby adopted by the Buchanan City Commission as a reference document for future decision making. 
Roll call vote carried unanimous. RESOLUTION 2006.05/19 DECLARED ADOPTED this 22nd day of May, 2006 

Without objection to transposing the agenda items, City Attorney Randy Hyrns explained the Lease Purchase Agreement for 101 W. Smith Street and introduced owner of C-Saw Corporation, Chris Tapper. Tapper explained his legal concern with a BEA done by the City and not naming C-Saw (Section H in Agreement) when finalizing the original Lease agreement. After shared details from Attorney Hyrns and Mr. Tapper, discussion was shared with Commission Upon recommendation, Moore moved, seconded by Arbanas to approve the Resolution as amended for the Sale of Public Property commonly referred to as 101 W. Smith St.
WHEREAS, certain property belonging to the City of Buchanan is no longer of benefit to the general public; and 
WHEREAS, the City Commission of the City of Buchanan has determined that it is in the City's best interest to sell the property commonly referred to as 101 West Smith Street, Buchanan, Michigan; and 
WHEREAS, a public hearing was held on May 22, 2006, as required by the City Charter of the City of Buchanan, Chapter 8 Section 8.7, as amended and adopted by the City Commission and approved by electors at its primary election on August 8, 2000; and 
WHEREAS, after receiving comments from the public and being otherwise fully advised; 
NOW, THEREFORE, BE IT RESOLVED by the Buchanan City Commission that by a unanimous vote of the members present, the City Commission finds that said property is no longer required for the purpose for which it was acquired or held, and that the sale of property commonly referred to as 101 West Smith Street, Buchanan, Michigan is hereby approved, as required by the Charter of the City of Buchanan. 
Roll call vote carried unanimous. RESOLUTION 2006.05/20 DECLARED ADOPTED this 22nd day of May, 2006 

Attorney Hyrns announced the option of language (one that was included with the resolution or one that was distributed this evening) on a ballot proposal for the disposition of 114 N. Oak St. He explained the requirement in the City Charter regarding public parks and grounds and all shared discussion. Hagey moved, seconded by Moore to approve the resolution placing the proposal on the primary election ballot pursuant to MCL -168.646 and Section 2.1 of Chapter 2 of the Charter of the City of Buchanan as presented this evening.
WHEREAS, Section 2.1 of Chapter 2 of the Charter of the City of Buchanan reads in relevant part as follows: "Section 2.1 - The following powers provided for in the existing charter of the city are hereby expressly retained, but this listing shall not be held to be an exclusive list of powers"
(37) To lay out, establish or vacate and discontinue public parks and grounds within the City; to improve, light and ornament the same; to regulate the use thereof and to protect the same and the appurtenances thereof from obstruction, encroachment and injury; provided, however, that such park or grounds shall not be vacated or discontinued except on a three-fifths vote of the electors voting thereon at any general or special election." (emphasis added) 
WHEREAS, the City Commission for the City of Buchanan has determined that property belonging to the City and commonly referred to as 114 N. Oak Street, City of Buchanan, is property which was conveyed to the City of Buchanan for use as "public parks and grounds"; and 
WHEREAS, the City Commission for the City of Buchanan determined that it is in the City's best interest to vacate and/or discontinue the use of the property for public parks and grounds; and 
WHEREAS, Section 2.1 of Chapter 2 of the Charter of the City of Buchanan requires that the City Commission submit the issue of vacation and/or discontinuing of public parks and grounds to the electors and that the said property can be vacated or discontinued upon a three-fifths (3/5) majority of the electors voting. 
NOW, THEREFORE, BE IT RESOLVED by the Buchanan City Commission that the following Ballot Proposal be placed on the August 8, 2006 election ballot: 
A Ballot Proposal to Discontinue the Use of 114 N. Oak Street, Buchanan City, Berrien County, Michigan, as a public park or grounds. 
On July 24, 1950, the City of Buchanan received from the Buchanan Youth Counsel, Inc., property located at 114 N. Oak Street and commonly referred to as the "Teen Center." The property was given to the City to be incorporated into the City's public parks and grounds. The City Commission has determined that the property should no longer be restricted to public parks and/or grounds, and that the City Commission should be able to use the property for any appropriate purpose. The City is required by Charter to place the issue before the electors of the City of Buchanan for a vote. 
Should the City of Buchanan discontinue the use of 114 N. Oak Street, City of Buchanan, Berrien County, MI, "Teen Center", as a public park and ground? 
Yes ‪ 
No ‪ 
BE IT FURTHER RESOLVED, that 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 8th day of August, 2006, and the City Clerk is hereby directed to give notice of the election in the manner prescribed by law and to do all thing and to provide all supplies necessary to submit such Ballot Proposal to the vote of the electors. 
BE IT FURTHER RESOLVED, that 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 carried unanimous. RESOLUTION 2006.05/21 DECLARED ADOPTED this 22nd day of May, 2006 

Mullendore explained the most recent discussions with the Trail Committee and recommended the support for the bid waiver not to exceed $10,000.00 for step amenities in EB Clark Woods as presented. Trail Representative Lloyd Miller explained the fundraiser to obtain the amenities and the proposed installation. After shared discussion, Attorney Hyrns recommended that the City Manager verify with DEQ's Lorraine Thomas that State approval was not required. Hagey moved, seconded by Moore to approve the bid waiver not to exceed $10,000.00 for step amenities at EB Clark Woods contingent upon MDEQ review. Roll call vote carried unanimous.

Upon Moore's acceptance, McGuire moved, seconded by Scanlon to appoint Moore as the Commission Representative on the Fine Arts Council. Roll call vote unanimous.

Shiela Dailey, Ottawa Court, Representing Buchanan Garden Club announced an invitation to the Buchanan Garden Club in Bloom Tour and the plant sale. 
Stella Proud requested that the dead limbs on the downtown trees be removed. She announced her concern for the youth in the community regarding drugs and alcohol. The Mayor confirmed his support to Cathy Hempel for "Speak UP Buchanan."
Alice Kring, Fine Arts Council announced the upcoming showing at the Tin Shop and Chamber of Commerce Sale of bottled water. 
Larry Elliott expressed concern about the impact of the foam in McCoy's Creek and asked why samples could not be taken by City personnel and urged attention. 
Tim Gray thanked the Commission and residents for their continued support of SMCAS. He announced that a unit would be housed at Buchanan Township Fire Department during the day to decrease response time in the area. 

Mullendore commented: 

  • Thanked Cathy Hempel for Speak UP Buchanan & applauded the Commission for their support 
  • Thanked the City of Dowagiac for Mayor's Exchange visit and asked for reservations from Commissioners for Dowagiac's visit on 6-22 
  • Community Planting Day complete, see flowers in downtown pots 
  • Thanked Ralph McDonald for his contribution to the Farmers' Market 
  • Committed to discussing the foam issue during upcoming meeting with MDEQ 
  • Upcoming event/function dates/times 


Commissioner wished Commissioner Moore a Happy Birthday. 

Moore commented: 

  • Invited all to cake after the meeting in observance of her birthday 
  • Pleased with the attendance/support for Speak UP Buchanan 
  • Pleased with the Mayor's Exchange visit to Dowagiac and named Dowagiac Officials 


Arbanas commented: 

  • Commended Friends of Oakridge Cemetery on their plantings 


McGuire commented: 

  • Upcoming event/function dates/times 
  • Congratulated Buchanan High Graduates 


Hagey commented: 

  • Conscious effort to make creek/millrace focal point; believes the foam should be addressed 
  • Stewardship of the community attitude and spirit; commended the Speak UP Buchanan program 
  • Urged commitment and involvement 


Scanlon commented: 

  • Safety for the holiday weekend 
  • Urged attendance to Farmers' Market 


Hagey moved seconded by McGuire to adjourn the meeting at 9:24 p.m. Voice vote carried unanimous.

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