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February 12 2009 Minutes

CITY OF BUCHANAN COMMISSION MINUTES
February 12, 2009

The regular rescheduled meeting of the City Commission was held at Buchanan City Hall, 302 N. Redbud Trail, Buchanan, Michigan, Thursday, February 12, 2009. Mayor Clark called the meeting to order at 7:00 p.m.

The Pledge was recited by all in attendance.  No Invocation was heard.
 
Commissioners present: Barbara Clark, Carla Cole, Patricia Moore, Warren Weaver
Commissioners absent:   Jennifer Singleton
Staff present:                 City Manager Meg Mullendore and Clerk Gladys Bybee
Guests/Visitors present: 11                  

The Mayor reported that JT Adkerson, Buchanan Youth Softball & Baseball Association (BYSBA) President would be recognized to speak off of the agenda for a special presentation. Adkerson explained his Association’s communication with the Buchanan Area Recreation Board (BARB) and commended the BARB; City Manager, Meg Mullendore; and the City Commission for their mutual and monetary support.

Keith Singleton, W. Front Street asked the Commissioners and City Manager to express their comments on his wife, Jennifer Singleton’s, resignation. The City Manager and each Commissioner, including the Mayor expressed their surprise and sadness with her resignation.

After request and explanation from the Clerk to add a check to the Check Register, Cole moved, seconded by Moore to include the check and approve the agenda.  Roll call vote carried unanimously. 
• Agenda
• Minutes: Regular Meeting January 26, 2009 and Regular Meeting February 9, 2009
• Checks 56623 to 56694 in the amount of $77,112.00 as amended
• Resolution 2009.02/4, Acceptance of Resignation and Authorization for Staff to Pursue Process to Fill Vacancy
WHEREAS, City Commissioner Jennifer Singleton read and presented her letter of resignation to the City Clerk at the January 26, 2009 City Commission Meeting; and 
WHEREAS, the City Commission of the City of Buchanan authorizes the staff to publish notice of said vacancy requesting interested qualified city residents to submit a letter of interest, distribute a questionnaire and Citizen Volunteer Form upon receipt of letter of interest, and invite qualified candidates to attend the March 9, 2009 City Commission meeting; and
WHEREAS, the City Commission of the City of Buchanan may ask questions and share discussion with qualified candidates at said March 9, 2009 City Commission Meeting. 
NOW, THEREFORE, BE IT RESOLVED pursuant to the City of Buchanan Charter Section 5.3 the City Commission regretfully accepts the resignation from Buchanan City Commissioner Jennifer Singleton.
BE IT FURTHER RESOLVED pursuant to the Charter of the City of Buchanan Section 5.4 it is the intent of the City Commission to appoint a person to fill such vacancy for the unexpired term.

• Resolution 2009.02/5, Authorizing Hagey Court to Become a Publicly Maintained Street
WHEREAS, the City Commission of the City of Buchanan has general authority and control over the streets within its jurisdiction; and 
WHEREAS, the private street is contained within the previous Clark Corporation property that is now being developed; and
WHEREAS, the City Commission of the City of Buchanan at a Special meeting held on October 30, 2008 unanimously voted to name said street Hagey Court.
NOW, THEREFORE, BE IT RESOLVED that Hagey Court be added to the public street system within the corporate limits of the City of Buchanan. 
BE IT FURTHER RESOLVED that the City Manager shall sign the applicable documents to file with the Michigan Department of Transportation.

Mullendore explained the oversight with the 2004 POLC Union Contract, thus the need for the Resolution. Weaver moved, seconded by Moore to approve Resolution 2009.02/6, Changing Municipal Employees’ Retirement System (MERS) Benefits as presented. Roll call vote carried unanimous. (Resolution attached)

Larry Elliott stated he obtained from the Department of Environmental Quality (DEQ) the Notice of Violation pursuant to actions taken by City workers in the Bakertown FEN as he had sent the same pictures to them after he had presented the pictures to the City Commission. He claimed that the public was misinformed and his actions were misrepresented after he summarized the several actions the City had already taken. He also confirmed there is a method to fix the problem with the Mill Race and McCoy’s Creek.

Ann Marie Buchanan Jones asked several questions regarding why the City received a notice of violation. The City Manager stated she could not respond as she did not have the document in front of her and advised Ms. Buchanan that she could pick up the notice tomorrow. 

City Manager Comments:
• City Hall closed Monday for Presidents Day
• She explained the process for filling the commissioner vacancy and said she would provide paperwork with questions and scoring to Commissioners for the March 9 meeting 

Cole comments:
• Asked the Mayor to write a letter of regret and commendation to Jennifer Singleton.
Moore comments:
• Thanked all for their comments
• Looking forward to a common sense resolution to the Creek
Clark comments:
• Read the letter from BYSBA President JT Adkerson
• Thanked all for prayers; mother doing better
• Hoping for an agreement with the Mill Race and McCoy’s Creek

Weaver moved, seconded by Cole to adjourn the meeting at 7:27 p.m.

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