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April 27 2009 Minutes

CITY OF BUCHANAN COMMISSION MINUTES
April 27, 2009

The regular meeting of the City Commission was held at Buchanan City Hall, 302 N. Redbud Trail, Buchanan, Michigan, Monday, April 27, 2009.  Mayor Clark called the meeting to order at 7:00 p.m.
  
The Pledge was recited by all in attendance.  Pastor Patricia Ramsden, First Presbyterian Church gave the Invocation.
  
Commissioners present: Barbara Clark, Carla Cole, Patricia Moore, William Norton, Warren Weaver
Commissioners absent:  None
Staff present:     City Manager Meg Mullendore, Chief Bill Marx, Attorney Randy Hyrns, Fire Chief Tim Gowen, and Clerk Gladys Bybee
Guests/Visitors present: Abonmarche Representative Kenton McAndrew and Southwestern Michigan Community Ambulance Service (SMCAS) Director Tim Gray along with 9 visitors 
  
Jess Minks requested favorable support for the Buy American Resolution as listed under the Consent Calendar.
  
Moore moved, seconded by Cole to approve the Agenda as revised by the City Manager earlier today.  Roll call vote carried unanimous.  
• Agenda as revised
• Minutes: Regular Meeting April 13, 2009
• Checks 57075 to 57146 in the amount of $111,536.84
• Resolution 2009.04/15, Resolution on the Spending of Federal Economic Renewal Grants to the City of Buchanan (attached as part of this record)  
• Resolution 2009.04/16, Removing a Member from the Farmers’ Market Board and Appointing a New Member
Whereas, the Governing Body desires that one of its appointments to the Farmers’ Market Board be a current member of the Governing Body; and
Whereas, City Commissioner Warren Weaver, who was appointed to the Farmers’ Market Board as the Commissioner Representative wishes to relinquish the position to the newest Commission Member; and   
Whereas, City Commissioner William Norton has expressed desire to accept the appointment as the Commissioner Representative on the Farmers’ Market Board.
NOW, THEREFORE, BE IT RESOLVED, that Commissioner Warren Weaver is hereby removed from the Farmers’ Market Board.
BE IT FURTHER RESOLVED, that Commissioner William Norton be, and is hereby appointed to the Farmers’ Market Board as Commissioner Representative for the City of Buchanan.
BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to Debra Patzer, the Buchanan Downtown Development Authority Executive Director, as the Buchanan Downtown Development Authority oversees the Farmers’ Market Board.
• Resignation of Valerie Phillips from the DDA Board
  
Police Chief Bill Marx reported on the workings of the Police/Code Enforcement Department compared to last year instances as all reviewed his written report distributed earlier in the meeting.  He presented a short power point on the D.A.R.E. 2009 Graduation.  There was brief discussion regarding enforcement of the new downtown parking ordinance and the calculations of offenses in his report.

Upon the absence of Treasurer Juli O’Bryant, the City Manager read the written report on the Treasurer Department as provided.

Kenton McAndrew from Abonmarche Group gave a brief update on the Well/Water Project. Test well working and production well drilled; report sent to Lansing so awaiting official approval.  He explained they are working on final design of the Water Project due May 15. Questions were shared with commissioners about the new well.  
He reported they are reviewing four bids for the sewer project and they came in 5 to 10 % lower than expected with final bond amounts available after this Thursday.

After the City Manager reported the exceptional financial state of the City, Cole moved, seconded by Moore to approve the resolution as presented.  A Resolution for the City of Buchanan to Adopt a Budget for the City of Buchanan for Fiscal Year 2009-2010.
WHEREAS,  in accordance with Chapter 9 of the City Charter of the City of Buchanan governing budget procedure and general finance, and in compliance with the requirements of the Michigan Uniform Accounting and Budgeting Act, a balanced budget has been set up for the City of Buchanan for the fiscal year of July 1, 2009 through June 30, 2010; and
WHEREAS, a public hearing was held on April 13, 2009 for public comments and opinions;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Buchanan that the following sums are adopted for the 2009-2010 fiscal year for the purposes set forth below:
General Government                            City Commission                          $    45,848.
$419,069.                                          City Manager                                    125,705.        
                                                        Elections                                            21,121.
                                                       Assessor                                             39,050.
                                                       City Clerk                                          62,060.
                                                       Treasurer                                             25,285. 
Public Safety                                     Police Department/Code Enforcement  $  906,708.
$1,086,598.                                      Crossing Guards                                    27,125.
                                                       Fire Department                                   123,965.
                                                       Building Inspection                                28,800.
DPW & Cemetery                              DPW/Streets                                    $  257,289.
$425,622.                                         Cemetery                                             168,333. 
Parks & Recreation                             Parks & Recreation                            $   26,100.
$26,100.    
Other                                               Building & Grounds                           $    70,818.
$154,604.                                        Rental Property                                          735.
                                                     Misc. Costs/Transfers                                 83,051.
Total General Fund                          $2,111,993.
Major Streets                                  $   410,198.
Local Streets                                        256,740.
Street Repair & Maintenance                   351,025.
Water & Sewer Enterprise                     1,377,095.
Brownfield-TIF                                        36,778.
Total Other Funds                               $2,184,837.
Total Budget Including General Fund      $4,543,829.
BE IT FURTHER RESOLVED that the City Commission of the City of Buchanan authorizes levy of 17.1000 mills on real and personal property within the City of Buchanan for municipal operating purposes.
BE IT FURTHER RESOLVED that the City Commission of the City of Buchanan hereby authorizes the levy of 1.00 mills on real and personal property within the City of Buchanan for Dial-a-Ride.
BE IT FURTHER RESOLVED that the City Commission of the City of Buchanan authorizes the levy of one half of the above stated millage rates on real and personal property on the separate tax rolls under Act 198, Industrial Facilities Tax Districts.
BE IT FURTHER RESOLVED that the City Commission authorizes the water and sewer rates, effective July 1, 2009, as follows:
                       Water                  Sewer                 Ready to Serve (RTS)
City           $2.93/1000 gal.          $5.30/1000 gal.          $15.33 monthly
Township    3.43/1000 gal.            6.20/1000 gal             17.93 monthly
BE IT FURTHER RESOLVED that the total budget for the City of Buchanan for the fiscal year 2009-2010 in the 
amount of $4,543,829. as presented by the City Manager is hereby approved and adopted by the City Commission of the City of Buchanan.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make budgetary transfers within the departments in accordance with the departmental totals established through this budget, and that all transfers within departments may be made only by further action of the City Commission, pursuant to the provisions of the Michigan Uniform Accounting and Budgeting Act.
Roll call vote carried unanimous. RESOLUTION 2009.04/17 DECLARED ADOPTED this 27th of April, 2009

Mullendore reported the location of the pine tree on City property being requested to be removed by Tom Hitchcock and recommended approval of the request. Attorney Hyrns agreed that if in fact the tree was causing structural damage to Mr. Hitchcock’s building the city could be liable.  Cole moved, seconded by Norton to grant permission to Mr. Hitchcock to remove the pine tree as requested with the caveat that he be responsible for any damages to City property.  Roll call vote carried unanimous.

After request for support from DDA Director Debra Patzer, Cole moved, seconded by Moore to approve Resolution2009.04/27/17 Supporting the Downtown Development Authority’s Application to the Michigan State Housing Development Authority’s Michigan Main Street Associate Level Program.  Roll call vote carried unanimous (attached as part of this record).  Upon request from the Commission, Patzer explained the Main Street Program in detail.

SMCAS Director Tim Gray reported the new unit (ambulance) was in the parking lot for inspection and it would be in service next week.

City Manager and City Commissioners’ comments were heard and the Mayor called a recess at 8:02 p.m. to sign checks and look at the new ambulance. 

The Mayor reconvened the meeting at 8:15 p.m. and asked for a motion to go into closed session.

Cole moved seconded by Weaver to go into closed session at 8:16 p.m. to review minutes from April 13, 2009 closed session, to consider the purchase or lease of real property up to the time an option to purchase or lease that real property is obtained (15.268 Sec. 8. (d)), and to consider a periodic personnel evaluation of a public officer, employee, staff member, or individual agent, if the named person requests a closed hearing (15.268 Sec.8.(a)).   Roll call vote carried unanimous.  Moore moved, seconded by Cole to include Kenton McAndrew from Abonmarche in the closed session for the discussion of an option to purchase real property.  Roll call vote carried unanimous.

The Mayor reconvened the regular meeting at 8:47 p.m.

Weaver moved, seconded by Moore to approve the Closed Session Minutes for April 13, 2009 as reviewed in closed session.  Roll call vote carried unanimous.

Cole moved, seconded by Norton that Mullendore be compensated for working forty-five (45) hours per week at her current rate of pay, compensatory time be eliminated from Mullendore’s contract, that the City buys down Mullendore’s current vacation balance by 250 hours, the City purchase Mullendore a multi-media cell phone and reimburse Mullendore for the charges associated with the cell including up to fifty ($50) dollars a month personal use, the City purchase Mullendore a computer system in an amount not to exceed two thousand ($2,000) dollars and that the city reimburse Mullendore internet service at her home not to exceed fifty ($50) dollars per month.  Roll call vote carried unanimous.  Attorney Hyrns went on record to say that he had not seen the contract.

Cole moved, seconded by Norton to adjourn the meeting at 8:50 p.m. Roll call vote carried unanimous.


__________________________                               ____________________________
Gladys Bybee, CMC-City Clerk                                  Barbara J. Clark, Mayor

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