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September 28 2009 Minutes

CITY OF BUCHANAN COMMISSION MINUTES
September 28, 2009

The Mayor cancelled the first Public Hearing to invite and hear public comments regarding the request of Berrien Metal Products to have the property located at 460 Post Road, Buchanan, established as an Industrial Development District pursuant to Michigan Public Act 198 of 1974, as amended.  The District was previously established.

The Mayor called the public hearing to order at 6:49 p.m. and invited public to express comments for the purpose of considering the application submitted by Berrien Metal Products granting an Industrial Facilities Exemption pursuant to Michigan Public Act 198 of 1974, as amended. Shelley Klug, Director from Southwestern Michigan Economic Growth Alliance (SMEGA) briefly explained the request. There being no verbal or written comments, Cole moved, seconded by Moore to adjourn the public hearing at 6:50 p.m. Roll call vote carried unanimous. 


The regular meeting of the City Commission was held at City Hall, 302 N. Redbud Trail, Buchanan, Michigan, Monday, September 28, 2009.  Mayor Clark called the meeting to order at 7:00 p.m.
  
The Pledge was recited by all in attendance.  Pastor Pat Ramsden gave the Invocation.

Commissioners present:  Barbara Clark, Carla Cole, Patricia Moore, William Norton, Warren Weaver
Commissioners absent:   None
Staff present:      City Manager Meg Mullendore, DDA Director Debra Patzer, and City Clerk Gladys Bybee
Guests/Visitors present:  Moose Lodge President Chuck Porch, Dial-A-Ride Assistant Director Kim O’Haver, and SMEGA Director Shelley Klug along with 16 visitors
 
Moore moved, seconded by Cole to amend the Agenda by removing the Request to Establish an Industrial Development District at 460 Post Road (B.) under New Business.  Roll call vote carried unanimous.  Norton moved, seconded by Weaver to approve the Consent Calendar as amended. Roll call vote carried unanimous.
• Agenda as amended
• Minutes: Regular Meeting September 14, 2009
• Checks 58047 to 58134 in the amount of $369,080.40
• Appoint Zachary Leitz to the Fine Arts Council to a term ending 2010
• Appoint Vladimir Tackett to the Fine Arts Council to a term ending 2012
• Approve Street Closure Request: Oak Street from Senior Center to Front Street, Front Street from Oak Street to the Moose Lodge for Halloween Parade 

Porch requested approval of the Street Closure for the Halloween Parade and explained the festivities.  He also gave a brief report of Moose activities.

O’Haver gave a positive report on Dial-A-Ride with increased ridership and funding.

DDA Director Patzer summarized her memo regarding Clark Park while all reviewed. On behalf of the DDA, she asked if the DDA paid for an appraisal would the Commission accept the appraised value and reduce that amount from the $250,000. accordingly.  After shared discussion and deliberation, Moore moved, seconded by Cole to incur the expense of the appraisal for Clark Park in the amount of $500.  Roll call vote carried unanimous.  

O’Haver explained the requirement by the State to adopt the Plan in detail.  Weaver  moved, seconded by Norton to approve the resolution as presented:  Adopting a Plan of Compliance with Title VI of the Civil Rights Act of 1964 for the City of Buchanan Dial-A-Ride
WHEREAS, it is the policy of Buchanan Dial-A-Ride (DAR) to comply with the provisions of
Title VI of the Civil Rights Act of 1964 (42 USC 2000d), as amended. This legislation requires
that no person shall be denied services or subjected to discrimination in any program or activity
which receives federal financial assistance, on the basis of race, color, or national origin.; and
WHEREAS, the City Commission has entered into an Agreement with Transportation
Management Inc. (TMI) as its third party administrator to manage Buchanan Dial-A-Ride and appoints TMI Administrative Assistant Kimberly O’Haver to serve as Buchanan Dial-A-Ride Title VI Coordinator.
NOW, THEREFORE, BE IT RESOLVED THAT: the City Commission of the City of Buchanan adopt the Buchanan Dial-A-Ride Plan of Compliance with Title VI of the Civil Rights Act of 1964 Policy (42 USC 2000d), as amended.
Roll call vote carried unanimous.  Resolution 2009.09/27 declared adopted.

Klug introduced Berrien Metal Products Owner Larry Barrett and he displayed pieces the company manufactures. He explained the exemption would give them the cutting edge of metal technology and the new piece of equipment has already retained one position.  Weaver moved, seconded by Norton to approve the 12 year Industrial Facilities Exemption Application. Roll call vote carried unanimous.

Moore moved, seconded by Cole to approve the resolution as presented:  Resolution Granting an Industrial Exemption Certificate, Berrien Metal Products, 460 Post Road
WHEREAS, pursuant to Michigan Public Act 198 of 1974, M.C.L. 207.551 et seq. ("Act 198") after duly noticed public hearing held on September 28, 2009, this Buchanan City Commission (the “Commission”) by resolution established the Andrews Farm Industrial Park’s "Industrial Development District” located at 460 Post Road, Buchanan, Michigan; and  
WHEREAS, Berrien Metal Products, Inc. (the "Applicant") has filed an application for an Industrial Facilities Exemption Certificate (the "Certificate") with respect to personal property at 460 Post Road facility; and
WHEREAS, before acting on said application the Commission held a public hearing on September 28, 2009 at the Buchanan City Hall, at which hearing the Applicant, the Assessor and a representative of the affected taxing units were given written notice and were afforded an opportunity to be heard on said application; and 
WHEREAS, real property improvements and the installation of personal property (the "Project") had not begun earlier than six (6) months before the date of the acceptance of the application for the Certificate; and
WHEREAS, completion of the Project is calculated to and will at the time of issuance of the Certificate have the reasonable likelihood to retain, create, or prevent the loss of employment in Buchanan City.
NOW, THEREFORE, BE IT RESOLVED by the Buchanan City Commission that:
1. The Commission finds and determines that the granting of the Certificate considered together with the aggregate amount of the certificates currently in force under Act No. 198 shall not have the effect of substantially impeding the operation of the Buchanan City Commission (the “Commission”), or impairing the financial soundness of a taxing unit which levies an ad valorem property taxes in the City.
2. The Letter of Agreement between the Applicant and the City is hereby approved.
The Application for the Certificate is hereby approved and when issued shall remain in force and effect for a period of 12 years.
Roll call vote carried unanimous. Resolution 2009.09/28 declared adopted.

After explanation of fulfilling the Remedial Action Plan (RAP) at the Southeast Berrien County Landfill (SEBCL) by all five municipality owners with included language that the municipalities would not be held responsible for the loan, Moore moved, seconded by Cole to authorize Mayor Clark and Manager Mullendore approval to vote in favor of the Southeast Berrien County Landfill entering into a letter of credit with 5/3 Bank pursuant to the terms of the Remedial Action Plan (RAP) as required by DEQ.  Roll call vote carried unanimous.

Randall Peart asked the status of ongoing preparation of Mill Race and McCoy’s Creek, pros and cons of City Hall upgrades, and access to the new water well.

City Manager comments were heard including an update as requested by Mr. Peart.

Commissioners’ comments were heard.

Cole moved, seconded by Moore to go into closed session at 8:01 p.m. to discuss the personnel evaluation of the City Manager as requested [15.268 Sec. 8. (a)].  Roll call vote carried unanimous.

The Mayor reconvened the regular meeting at 8:43 p.m.

The Mayor announced that Mullendore and Commission mutually agreed to extend the terms of the current City Manager Contract until the second meeting in November.
 
Cole moved, seconded by Weaver to adjourn the meeting at 8:44 p.m.

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

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