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August 28 2017 Minutes

August 28, 2017
The Mayor called the Public Hearing to order at 7:00 p.m. and invited public comments on the designation of special assessment district. Special Assessment District for emergency Medical Services through Southwestern Michigan Community Ambulance Service (SMCAS), District No. 1
Brete Hendrie, 305 N. Detroit Street was concerned about his high taxes.  Brian Scribner explained the renewal of the $20.00 per parcel, not an increase.  Ron Sutcliffe, 309 W Fourth Street asked what improvements as referred in the notice were forthcoming.  Cindy Benson, 212 Cecil Street asked about SMCAS memberships and Scribner explained.  Ned Gardner asked about statistics on response time and Scribner explained.  Louann Gardner, 605 Rynearson asked about requirements for house numbers. Manager Marx announced the City has code for house numbering. The Clerk reported receipt of a telephone message from Diane Mack, 309 Lake Street totally against it and the high tax rate.  Hearing no other verbal comments, the Mayor adjourned the Hearing at 7:17 p.m.

The regularly scheduled meeting of the City Commission was held at City Hall, 302 N Redbud Trail, Buchanan, Michigan Monday, August 28, 2017 and was called to order at 7:17 p.m. by Mayor Hess directly following the public hearing.
The Mayor led the Pledge of Allegiance. Pastor Len Bailey gave the Invocation.

Commissioners present:  Carla Cole, Brenda Hess, Patricia Moore, Dale Toerne, Daniel Vigansky                                        
Commissioners absent:    none
Staff present:                   City Manager Bill Marx and Clerk Gladys Bybee                               
Guests/Visitors present:   SMCAS Director Brian Scribner and Buchanan Fire Captain Tim Wesner along with 18 visitors

Cole moved, seconded by Toerne to amend the Consent Calendar to include item B. Reschedule September 11, 2017 meeting under Unfinished Business and A. Consider Job description for Public Service Employee Level 1 and Public Service Employee Level 2 under VII. New Business.  Roll call vote carried unanimously.  Moore moved, seconded by Toerne to approve the Consent Calendar as amended. Roll call vote carried unanimously.
•    Agenda as amended
•    Minutes: Regular scheduled meeting, August 14, 2017 and Special meeting, August 22, 2017
•    Checks 75351 to 75438 in the amount of $1,319,378.31
•    Excuse Mayor Brenda Hess from August 14, 2017 City Commission Meeting as she gave previous notice
•    Banner Placement request: Buchanan Area Senior Center, Annual Christmas Bazaar

Marx reported on 2017 Summer Thrill on the Hill; sold 2,046 wristbands with $11,244. profit.  Marx presented $744 to Fire Captain Tim Wesner for the Fire Department and $10,500. Buchanan Area Recreation Board (BARB) Chairwoman Patricia Moore for BARB.  

Toerne moved, seconded by Cole to approve the resolution as presented.  Special Assessment District for Emergency Medical Services Through Southwestern Michigan Community Ambulance Service, District no. 1; Resolution No. 2 Determination to Make Public Improvements; Approval of Plans and Estimate of Costs; Final Determination of Special Assessment District; Preparation of Special Assessment Roll
WHEREAS, pursuant to Act 368 of 1978, as amended by Act 179 of 1990 (MCL 333.20948), a combination of local governmental units may operate an ambulance authority and defray, in whole or part, the cost of ambulance service by special assessment, with such special assessments conforming as nearly as possible to the procedure set forth in section 1 of Act 33 of 1951; and
WHEREAS, Act 33 of 1951 provides that all proceedings related to special assessments shall conform as nearly as practicable to Act 188 of 1954; and
WHEREAS, pursuant to Act 368 of 1978, as well as the Urban Cooperation Act, Act 7 of 1967, the City and other local governmental units have formed the Southwestern Michigan Community Ambulance Service (“SMCAS”), which provides ambulance services to the member municipalities and certain other municipalities pursuant to contracts (“Services”); and
WHEREAS, the costs of maintaining and operating SMCAS are shared by the local governmental units who are members of SMCAS, including the City, pursuant to the Articles of Incorporation of SMCAS; and
WHEREAS, the City wishes to defray its share of the cost of maintaining and operating SMCAS (“SMCAS Costs”) by establishing a special assessment district pursuant to Act 368 of 1978, as amended by Act 179 of 1990; and
WHEREAS, the City Council has received an estimate of the SMCAS Costs; and
WHEREAS, the City Council has resolved its intention to proceed with establishing a special assessment district and set August 28, 2017, for a public hearing; and
WHEREAS, after notice was duly given by publication and by first class mail, the City Council held a public hearing on August 28, 2017, at the City Hall in the City at which the City Council heard and considered objections to the proposed Services, the designated special assessment district, and all other matters related to the Services.  
1.  The City Council hereby determines that it is necessary and in the best interests of the City to defray its share of the cost of maintaining and operating SMCAS, in whole or part, by special assessment.    
2.  The special assessment district known as “Special Assessment District for Emergency Medical Services Through Southwestern Michigan Community Ambulance Service, District No. 1” (the “District”) is hereby determined to consist of all residential units, commercial parcels, industrial parcels, and agricultural parcels within the City, unless such lands and premises are exempt by law from paying special assessments.  "Residential unit" includes each unit in multiple family dwellings, apartments, condominiums and townhouses, and includes each pad in a mobile home or manufactured housing community.
3.  The District shall remain in effect for a period of five (5) years.  
4.  All or a portion of the SMCAS Costs shall be paid by special assessments assessed within the District against the property located in the District and benefited by the proposed Improvements.  
5.  The City Assessor is hereby directed to make a special assessment roll for the District upon which shall be described all the parcels of land to be assessed, the names of the respective record owners of each parcel, if known, and the total amount to be assessed against each parcel of land.  
6.  Said special assessment roll or column in the tax roll shall be reported to the City Council and shall be filed in the office of the City Clerk.
 7.  All actions heretofore taken by City officials, employees and agents with respect to the special assessment are hereby ratified and confirmed.
8.  All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution shall be and the same are hereby rescinded.
Roll call vote carried unanimously. Resolution 2017.08/158 declared adopted.

After the Mayor recalled the September 11 meeting was cancelled and all reviewed their calendars to reschedule, no date for rescheduling could be determined.  Cole moved, seconded by Toerne to vacate the September 11 meeting and to pay any necessary bills for the City.  Roll call vote carried unanimously.

After explanation of the job descriptions for Public Services Employee Level 1 and Public Services Level 2, Moore moved, seconded by Cole to approve the job descriptions as presented.  Roll call vote carried unanimously.

Marx explained he was approached by the Buchanan Schools Volleyball Coaches to display banners of the Senior Volleyball players on the light poles in the downtown.  They will supply the banners and the City would have to install them.  Commission discussed concerns about the financial fairness and shared cost no matter what the financial aspect of the family.   Moore moved, seconded by Cole to approve the Buchanan Volleyball banner project pending an outcome of a DDA decision.  Roll call vote carried unanimously.

Cindy Benson, 212 Cecil Street stated she did not receive a bubble letter that was sent out and concern of Commission changing the agenda after public comments so public could not comment on the added items.  She added that the Planning Commissioners are intelligent members and they are working on the Marihuana mess.  Margo Green, 215 Liberty asked if the Commission approved five medical marihuana facilities. The City Manager and Commissioner’s responded and commented about medical marihuana.  Jeannie Harris, 320 Bluff Street, commented that resident’s don’t want the facilities in their back yards and was not opposed to medical marihuana.  Louann Gardner, 605 Rynearson who resides in the bubble, does not want it in a residential area.  Bob Hoven, 401 E. Front Street believes that marihuana is a bad thing.  Norma Ferris, Oak Street asked when she could get an agenda.  Grace Bachelor, 318 Sylvan asked why Commissioners make decisions for the resident’s.  Margo Green asked if it would bring money to the City. The City Manager replied it would create jobs and give the City money.  Louann Gardner asked what the next step would be for marihuana; with a response of approving a Zoning Ordinance.  

City Managers comments included maintenance of equipment before leaves fall, crack filling in the streets, delivery of rubber sealant for crack filling in the streets, and Lehman’s Orchard is now open for business.

Commissioner’s announced thanks to City Manager and Mayor for traveling to Matteson, Illinois and looks forward to them visiting Buchanan; Meals on Wheels pleased with Dial-A-Ride services; thanks to Reserve Police Officers and Firefighters for participating at the youth fair; curious to the status of painting the Buchanan Welcome Signs; thanks to all volunteers; watch for children as school will be starting; pleased that applications for SMCAS are available; appreciative of the ambulance service; belief that fair booths were successful; Dog Park will be selling Klondike bars over holiday; Friends of Oakridge Cemetery working on oral history project; looking forward to Scarecrow season; Mayor’s new groups: Citizens concerned about children at the Common, BAMA Youth Committee will be meeting at the church across from Swem pairing kids with adults, Tree Board to canopy Buchanan, bookmobiles traveling the Buchanan community, and a group to improve the North River Park.
Hess moved, seconded by Cole to adjourn the meeting at 8:47 p.m. Voice vote carried unanimously.

_______________________       _____________________________________
Gladys M. Bybee, City Clerk            Brenda J Hess, Mayor


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