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June 8 2009 Minutes

CITY OF BUCHANAN COMMISSION MINUTES
June 8, 2009

The Mayor called the public hearing to order at 7:00 p.m. and invited public to express comments regarding the distribution of the FY 2009-2010 Southwestern Michigan Community Ambulance Services (SMCAS) Special Assessment Levy and proposed SMCAS budget for fiscal year 2009-2010, which includes the special assessment in the amount $20.00 per dwelling. Commissioner Norton asked why we have one single vote for the special assessment amount and for the budget as he thought each should be voted on separately. SMCAS Director Gray and City Manager Mullendore stated that they have been the same for several years with no increase in assessment (capped at $20.00 per parcel as voted in by the taxpayers in the district for eight years).  The clerk noted that no written comments were received.  The Mayor closed the Public Hearing at 7:08 p.m.


The regular meeting of the City Commission was held at Buchanan City Hall, 302 N. Redbud Trail, Buchanan, Michigan, Monday, June 8, 2009.  Mayor Clark called the meeting to order at 7:08 p.m.
  
The Pledge was recited by all in attendance.  No Invocation was heard.

Commissioner Weaver read the biography and the Mayor presented the Citizen Appreciation Recognition Award to Don Holmes.
 
Commissioners present: Barbara Clark, Carla Cole, Patricia Moore, William Norton, Warren Weaver
Commissioners absent:  None
Staff present:     City Manager Meg Mullendore, Fire Chief Tim Gowen, Police Chief Bill Marx, and Clerk Gladys Bybee
Guests/Visitors present: Redbud Area Ministries Board President Roy Mark and 14 visitors including 1 reporter
    
Resident Kathy Kingery asked why some cable customers could not hear the airing of the commission meetings on the public broadcasting channel.  Sheri Bush, 505 Fulton St. reported that she was charged for using 88,000 gallons of water and has been making payments but would like for the city to look into it.  She alleges that the City contacted her mortgage company and they are now foreclosing.

Norton moved, seconded by Clark to amend the Agenda to include D. under Unfinished Business; Four ten hour days work week.  Roll call vote carried by majority. YEAS: Cole, Norton, Weaver, Clark. NAYS: Moore
Norton moved, seconded by Moore to approve the Consent Calendar with the inclusion to the Agenda.  Roll call vote carried unanimous.  Roll call vote carried unanimous.

• Agenda
• Minutes: Regular Meeting May 26, 2009.
• Checks 57337 to 57415 in the amount of $235,693.39.
• Banner Placement for the period from July 1, 2009 through July 19, 2009 for Michiana Cruisers Car Show. 
• Re-Appoint Carla Cole for a 3-year term expiring in 2012 to the Joint Water and Sewer Board.
• Re-appoint Michael Terrell and Jim Toth for a 3-year term expiring in 2012 to the Buchanan Area Recreation Board.
• Re-appoint Richard Wonacott for a 3-year term expiring in 2012 to the Plan Commission.
• Re-appoint James Desenberg to a 3-year term expiring 2012 to the Zoning Board of Appeals.
• Departmental Request for Budget Amendment

Redbud Area Ministries Board President Roy Mark announced the public hours of the Food Pantry and reported that RAM is serving more customers.  Discussion was shared with commissioners.

Moore moved, seconded by Cole to approve the resolution as presented.  A Resolution of the City of Buchanan, County of Berrien, State of Michigan approving the 2009-2010 Southwestern Michigan Community Ambulance Service (SMCAS) Budget and Special Assessment.  Roll call vote carried unanimous.  Resolution 2009.06/24 declared adopted and attached as part of this record.

After explanation from Transportation Management Inc. (TMI) Assistant Director Kim O’Haver on the availability of extra State funding for Buchanan Dial-A-Ride, Moore moved, seconded by Cole to approve the resolution as presented.  A Resolution Authorizing the City Manager and City Treasurer to sign the Revised Project Authorization No. Z3/R1 for Michigan Department of Transportation (MDOT) Project No. 105201 under Master Agreement 2007-0181 for FY 2009 Section 5311 Operating. Roll call vote carried unanimous.  Resolution 2009.06/25 declared adopted.

Abonmarche Representative Kenton McAndrew reported on the Wastewater Treatment Plant Roof Replacement bid and recommended Future Construction out of Watervliet as the low bidder.  It was clarified that the roof was on the main building, old lab.  Weaver moved, seconded by Moore to award the bid to Future Construction in the amount of $22,351 as presented.  Roll call vote carried unanimous.

Norton reported that he made some inquiries and he believed City Hall should stay open 5 days as discussed and voted on at a previous meeting. Clark reported that she has been contacted with opposition to the change.  Moore said to try, monitor and measure it and then revisit to see if it is beneficial. Clark then reported that she spoke with Attorney Hyrns and discussion followed.  Cole agreed with Moore and stated that she could not get to City Hall when she was working. Weaver recalled that the Commission voted and tried staying open late several years ago; it was measured and did not warrant keeping City Hall open longer hours.  Norton moved to table a decision until the next meeting with the City Manager stating she would be out of town and claimed it was an administrative decision and her right by Charter.  Motion failed for lack of a second.  After brief debate, Norton moved, seconded by Weaver to halt the four ten hour day workweek and defer the question of authority to the City Attorney.  Roll call vote carried by majority. YEAS: Norton, Weaver, Clark. NAYS: Cole, Moore. 
   
Fire Chief Tim Gowen announced that Colorcraft would be knocking on doors for portraits to raise funds for firefighters.

City Manager and Commissioners’ comments were heard and Commission members signed the checks.

Cole moved seconded by Moore to go into closed session at 7:47 p.m. to review May 26, 2009 Closed Session Minutes Roll call vote carried unanimous. 

The Mayor reconvened the regular meeting at 7:57 p.m.

Moore moved, seconded by Cole to approve the May 11, 2009 Closed Session Minutes to review April 27, 2009 Closed Session Minutes and Sale or Lease of Public property as reviewed in Closed Session.  Roll call vote carried unanimous.

Cole moved, seconded by Moore to approve the May 26, 2009 Closed Session Minutes to review May 11, 2009 Closed Session Minutes, Sale or Lease of Public Property, and Pending Litigation as reviewed in Closed Session.  Roll call vote carried unanimous.

Cole moved, seconded by Moore to adjourn the meeting at 8:02 p.m. Roll call vote carried unanimous.

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

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