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October 23 2006 Minutes

CITY OF BUCHANAN COMMISSION MINUTES 
October 23, 2006 

The Mayor called the public hearing to order at 7:30 p.m. The City Manager verified that no written comments were received. The Mayor requested public comments regarding the adoption of a resolution to approve an update to the Andrews Farm Industrial Park TIFA Development Plan. Dan Fette of the Community Development Department gave a brief background on the plans of the project and the update to the Andrews Farm Industrial Park TIFA Development Plan. He discussed the benefits of the plan and the high return on investments that would be yielded due to the update. He explained that December 1st was the expiration date of the TIFA, and explained the repayment schedule. County Commission Don Ryman then presented the check for $35,000 to Mayor Scanlon. Being no further comments, the Mayor closed the hearing at 7:50 p.m. 

The Mayor called the public hearing to order at 7:51 p.m. The City Manager verified that no written comments were received. The Mayor requested public comments regarding the proposed Amendments to the Downtown Development Authority Boundary. Greg Milliken of McKenna Associates presented information on the boundary adjustments and explained the financial benefits the boundary adjustments would bring to the DDA. He also informed all present that due to a publishing error that the third public hearing for the night on the proposed Amendments to the Development Plan and Tax Increment Financing Plan would be postponed until the November 13th meeting. Klarich then came forward and expressed her excitement at the DDA boundary changes that would positively effect the DDA and the City. Being no further comments, the Mayor closed the hearing at 8:01 p.m. 

A regular meeting of the City Commission was held at City Hall, 302 N. Redbud Trail, Buchanan, Michigan Monday, October 23rd and called to order by Mayor Scanlon at 8:10 p.m. 

All in attendance recited the Pledge. 

Commissioners present: David Hagey, Patricia Moore, Earl Scanlon III, and MarLon McGuire 
Commissioners absent:Alberta Arbanas 
Staff present:City Manager Meg Mullendore and Administrative Secretary Laura Fox 
Guests/Visitors present:Dan Fette, Alan Robandt, Chuck Eckenstahler, County Commissioner Donald Ryman, Assessor Gordon Schreiber, Market Master Phil Hempel, DDA and TIFA Chairwoman Tracy Dippo, DDA Director Michelle Klarich, Greg Milliken, Tammie Herrman, and 5 other visitors present including 3 members of the media. 

Hagey moved, seconded by Moore to amend the Consent Calendar by adding the adoption of the Andrews Farm TIFA plan and dissolving the Andrews Farm TIFA. Roll call vote carried unanimously.

McGuire moved, seconded by Moore to amend the Consent Calendar by changing the time of the street closure on item E from 12:00-12:30 p.m. to 11:00-11:30 a.m. Roll call vote carried unanimously.

Scanlon moved, seconded by Moore to approve the Consent Calendar as amended. Roll call vote carried unanimously.

  • Agenda as amended 
  • Minutes: Regular Meeting October 9, 2006 
  • Checks 51276 to 51374 in the amount of $140,628.39 
  • Budget Amendment, $3,000. for the Farmer's Market Marketing as expenditure approval on October 9, 2006. 
  • Street Closure Request as amended 
  • Resolution 2006.10/33, Township Resolution 06-16; Agreement between the Township of Buchanan and the City of Buchanan Qualified Voter File (QVF) (attached as part of this record) 

WHEREAS, the Township and City jointly purchased a computer for the statewide voter registration system, also known as the Qualified Voter File (herein after referred to as "QVF") in 1998 with the purpose of sharing equally in the use and costs of the QVF System. In 2006, the State of Michigan upgraded all of the QVF equipment, causing the joint purchase to be outdated. Both the Township Clerk and the City Clerk agree and recommend that each jurisdiction participate in a similar arrangement as provided below. 
WHEREAS, the Township and City shall share equally in the annual service and maintenance necessary for the QVF system. The payment procedure shall be worked out by agreement between the Clerks of the Township and City. They shall coordinate the time for data input during designated business hours and each shall be responsible for her own supplies, such as paper and forms. The computer system shall be housed in the City Clerk's office. 
WHEREAS, the City Clerk shall (in a timely manner) forward by mail or fax notices arriving on email to the Township Clerk unless other arrangements are made between the two clerks. 
WHEREAS, tasks such as replication or installation of software or any other necessary tasks may be performed by either the Township or City clerk and the expense therefore borne equally by the Township and City. 
WHEREAS, this agreement shall be in effect until canceled or amended by the concurrence of both the Township and City. 
THEREFORE, BE IT RESOLVED THAT the parties hereto have caused this instrument to be executed on the date set forth below, pursuant to approval of the Township and City. 
RESOLUTION DECLARED ADOPTED this 23rd day of Octover, 2006. 
Resolution 2006.10/34, Resolution Approving a Loan to the Downtown Development Authority (attached as part of this record) 
WHEREAS, the City Commission of the City of Buchanan established a Tax Increment Financing Authority, on April 25, 1983, to prevent urban deterioration and to provide funds for the payment of public improvements necessary to attract development and promote the economic well-being of the Andrews Farm Industrial Park area located in the City of Buchanan, and 
WHEREAS, the Board of Directors of the Andrews Farm Tax Increment Financing Authority has determined the current fund balance sufficient to meet the immediate needs of the Authority and that funds not immediately needed for the project implementation can be loaned to the Downtown Development Authority until such time that capital improvements and/or extensions are required in the Andrews Farm Industrial Park, and 
WHEREAS, Downtown Development Authority has funding needs for infrastructure, business development loans and other programs that will increase the attractiveness of the City of Buchanan for business and industry expansion of which, in the opinion of the Board of Directors will substantially benefit current and future occupants of the Andrews Farm Industrial Park, and 
WHEREAS, Downtown Development Authority has determined that a loan to the Downtown Development Authority for such purposes to be a public purpose pursuant to the provisions of Public Act 450 of 1981, as amended, and 
WHEREAS, The City Commission has approved an updated Development Plan dated September 2006 that specifically provided for the lending of funds to the Downtown Development Authority. 
NOW THEREFORE BE IT RESOLVED, by the Board of Directors of the City of Buchanan Andrews Farm Tax Increment Financing Authority that a loan in the amount of $250,000 be granted to the Downtown Development Authority subject to the following terms and conditions: 
1.Transfer of funds shall be effective December 1, 2006. 
2.Said loan will be a zero interest loan for a period of 15-years terminating on December 1, 2021. 
3.Principal payment will be deferred for a period of five years with the first payment due on December 1, 2011. 
4.proceeds will be used specifically for infrastructure, business loans and other programs allowing for the repayment of funds. 
5.If the Authority should be dissolved on or before the terminal date of loan, loan serving shall be assigned to the City Treasurer under the direction of the City Commission. 
RESOLUTION DECLARED ADOPTED this 23rd day of October, 2006.
Resolution 2006.10/35, Resolution to Dissolve the City of Buchanan, Berrien County, Michigan Andrews Farm Tax Increment Financing Authority 
WHEREAS, the City Commission of the City of Buchanan established a Tax Increment Financing Authority (TIFA), on April 25, 1983, to prevent urban deterioration and to provide funds for the payment of public improvements necessary to attract development and promote the economic well-being of the Andrews Farm Industrial Park area located in the City of Buchanan, and 
WHEREAS, the Board of Directors of the Andrews Farm Tax Increment Financing District has determined fulfilled the goals for the formation of the TIFA, that being the development of the Andrews Farm Industrial Park and as such recommends that the TIFA be dissolved effective December 1, 2006, and 
WHEREAS, the Board of Directors of the Andrews Farm Tax Increment Financing District has deemed it necessary to update the Development Plan for the District establishing necessary expenditures to be made to "wind-up" the affairs of the TIFA transferring certain expenditures and final action to be administered by the City Finance Director under supervision of the City Commission. 
NOW THEREFORE BE IT RESOLVED, The City Commission of the City of Buchanan, Berrien County, Michigan, as recommended by the Board of Directors of the City of Buchanan Andrews Farm Tax Increment Financing Authority, do herewith rescind Resolution 11,764 the City of Buchanan resolved adopted April 25, 1983, forming the Andrews Farm Tax Increment Financing Authority, effective December 1, 2006. 
RESOLUTION DECLARED ADOPTED this 23rd day of October, 2006.

Police Chief Bill Marx was in attendance and distributed his report for the Police Department and Code Enforcement. Chief highlighted the activities within the report and brief discussion was shared about a work schedule change for officers to four 8-hour days followed by 2 days off, which has had a 60% decrease in sick time used as a result of this scheduling change. Chief also discussed the status of the Reserve Unit, and reviewed code enforcement activities. Commissioner McGuire commented on the foot and bike traffic hours being done by officers, and noted the increase in time spent patrolling on foot and bike. Recommended more time be spent on these activities to increase visibility. Chief recognized Officer Michael Troup, who has accepted the full-time officer position. He thanked the Lion's Club for the $500 donation they made to the D.A.R.E. program. Chief informed all that the Police Department has gun locks available free-of-charge and urged parents to pick one up. McGuire questioned whether the code enforcement officers issue citations or if they report back and a police officer issues the citations. Marx replied that a regular officer issues the citations. Mayor Scanlon then asked Chief about the Home Drug Testing Kits and CASA progress. Chief replied that he and Katherine Hempel were working together to promote the kits through school events and fliers as a way to create an opportunity to create dialogue about the subject. Mayor Scanlon thanked Hempel and Marx for their hard work in the endeavor. 

Mullendore discussed the U.S. EPA Brownfield Grant Application Support-Assessment Grant Application with the Commission. She informed Commission that she had been in contact with Davin Ojala at SME to understand the different grants and their availability. Requests had been sent out to seven other environmental firms, but none of the other 6 firms aside from SME had had any success with obtaining an EPA grant. She explained the proposal SME had drawn up for the City, and turned an explanation of the grant process and plan over to Davin Ojala and James Harless from SME. Harless explained the grant process and what the City can do with the grant once it is obtained. He also explained the other grants available to the City in the future once the first grant is obtained. Moore questioned Harless on hazardous substances contaminant and petroleum contaminant grants and how they are obtained. Harless replied that a hazardous substances contaminant grant is usually sought first; only after sufficient evidence is gathered that there is a petroleum contaminant can a petroleum grant be obtained; most frequently contaminants are of a mixed-nature and require the hazardous substances contaminant grant. Hagey asked Harlass for a time frame clarification on the grant, with Harlass replying that the grant will last for 2 years with a possible 1-year extension that can be applied for. Harlass then reviewed the disbursement process and shared discussion with Commission on what could be done with the grant.Hagey motioned, seconded by McGuire to authorize the City Manager to enter into an agreement with SME for an EPA Brownfield Grant Application Support-Assessment Grant Application. Roll call vote carried unanimously. 

Smigielski explained the bid waiver for the Storm Water Phase II Engineering in the amount of $6,284 with Fishbeck, Thompson, Carr & Huber, Inc. He explained the source of the pollutants and what needs to be done to correct the problems. He explained the need to start implementing the plan and find the point source. Mullendore explained that the $6,284. was part of the $10,000. budget amendment on item VIII.C. Hagey questioned which account the budget amendment was coming from to which Rick gave his reply.McGuire moved, seconded by Moore to approve the bid waiver for Storm Water Phase II Engineering in the amount of $6,284. with Fishbeck, Thompson, Carr & Huber, Inc. Roll call vote carried unanimously. 

There was brief discussion shared between Smigielski and Commission regarding the $10,000. budget amendment, in which is included the previously accepted $6,284. bid waiver. Moore moved, seconded by McGuire to accept the $10,000. Budget Amendment for cost associated with Storm Water Phase II Permits. Roll call vote carried unanimously. 

Alan Robandt commented on the RFP for the Teen Center, and expressed concern that insufficient information was given in order to receive requests for a viable project. Due to some confusion on his reading of the RFP, Mayor Scanlon corrected Robandt's understanding of what the RFP was exactly stating and informed him it was for a non-profit purpose and not meant to be invested in as a business enterprise, but thanked Robandt for his concern and comments. 

Mullendore commented: 

  • Thanked County and Dan Fette for working with the City and Andrews Farm Industrial Park can benefit from the changes that are going to take place. 
  • Thanked County Commissioner Donald Ryman for his hard work. 
  • Asked that Commission keep Gladys and her health in their prayers. 
  • Informed that she had received notification of an Arbor Day mini-grant, and had contacted Mae Proud of the Garden Club about it, and offered her assistance. 
  • Received DEQ approval for staircase that the Friends of McCoy's Creek Trail will put in in the spring; DEQ also gave approval for enlarged boundaries for boardwalk, the permit is valid for 3 years. 
  • Reminded all of Halloween activities, starting at the Senior Center at 10:30 a.m. with a parade following at 11:00 a.m. 
  • Reminded all of Trek-or-Treat at E.B. Clark Woods; Notre Dame softball girls volunteering to help out 
  • Trick-or-Treat Friday night from 5:00-7:30 p.m.; Police Department candy check. 
  • Urged all to be careful with driving on Halloween 


McGuire commented: 

  • Have a safe and happy Halloween 
  • Reminded all of debate at 6:30 p.m. at Senior Citizen enter for the City Commissioners the following night. 
  • Expressed sadness at Jane Wyatt's death (from "Father Knows Best") 
  • Farmers' Market doing well; open Saturdays 10:00 a.m.-2:00 p.m. 


Moore commented: 

  • Meeting tonight has been very positive; many fantastic things happening for the community 
  • Cross country program doing very well 
  • Sent best wishes to Gladys 
  • Happy Halloween; be safe 


Hagey commented: 

  • Trail is really phenomenal 
  • Saw salmon jumping in creek 
  • Spending lots of money at Market; good crowd there; new vendors are excited and happy about the Market 
  • Expressed desire to pursue development downtown and on the Ingersoll Rand property 


Scanlon commented: 

  • Thanked County, Ryman, and Fette for help. 
  • Tonight's meeting very important 
  • Good work with CASA: keep it up! 
  • Thanked Trail and congratulated on a good job done: Phase I complete 
  • Go Lady Bucks! They have won every game this season 
  • Encouraged all to attend parade, dress up, and support the kids 
  • Notre Dame girl's softball will be present at the Trail 
  • Thanked Citizens and Buchanan and gave thank-you speech 


Moore moved, seconded by McGuire to go into Closed Session at 9:53 p.m. to discuss the acquisition of property and review the minutes of the September 25th closed session. Roll call vote carried unanimous.

The Mayor reconvened the meeting at 10:17 p.m. with no action taken in closed session. 
McGuire moved, seconded by Moore to approve the minutes for the City Manager Evaluation as reviewed during closed session. Roll call vote carried unanimous.

Hagey moved, seconded by McGuire to authorize the City Manager to spend not more than discussed in closed session. Roll call vote carried unanimous.

McGuire moved, supported by Hagey to adjourn the meeting at 10:18 p.m. Voice vote carried unanimous.

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