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August 31 2017 Special Meeting Minutes


A Special Meeting of the City Commission for the City of Buchanan was scheduled at City Hall, 302 N. Redbud Trail, Buchanan, Michigan Thursday August 31, 2017 at 7:00 a.m.  The Mayor called the meeting to order at 7:00 a.m. The Mayor led the Pledge of Allegiance.

Members present: Carla Cole, Brenda Hess, Patricia Moore, Dale Toerne, Dan Vigansky
Members absent:  none
Staff present:        Clerk Gladys Bybee
Guests/Visitors present:   SMCAS Representatives Spencer Miller and Brian Scribner

Moore moved, seconded by Toerne to approve the Consent calendar as presented.  Roll call vote carried by majority.  YEA: Carla Cole, Brenda Hess, Patricia Moore, Dale Toerne. NAY: Dan Vigansky.
•    Agenda

After the Clerk explained the delay in receipt of the certified assessment roll for SMCAS Special Assessment and discussion was shared, Commissioner Dan Vigansky asked to be on record for opposing an emergency meeting for SMCAS due to their lack of being prepared. As the Roll was 89 pages, Clerk Bybee distributed the document so each Commissioner could preview.  Moore moved, seconded by Cole to approve the resolution as presented.
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, following a properly noticed public hearing on August 28, 2017, the City Council adopted a resolution on August 28, 2017, to determine the “Special Assessment District for Emergency Medical Services Through Southwestern Michigan Community Ambulance Service, District No. 1” (the “District”) and directed the City Assessor to prepare a Special Assessment Roll for the District; and 
WHEREAS, the City Assessor has made and certified a special assessment roll for the parcels located in the District and has reported the special assessment roll to the City Council. 
1.  The special assessment roll for the District (the "Special Assessment Roll"), as reported to the City Council by the City Assessor, attached hereto as Exhibit A, shall be filed in the office of the City Clerk and shall be available for public inspection during the normal working hours of the City office.
2.  The City Council shall hold a public hearing at a regular meeting of the City Council on September 25, 2017, at 7:00 p.m. at the City Hall in the City to review the Special Assessment Roll and hear any objections to it.
3.  The City Council directs the City Clerk to give notice of the time, date and purpose of the hearing, by first class mail, to each record owner of, or party-in-interest in, real property within the City whose name appears upon the last City tax assessment records, at least ten days before the date of the hearing.  Additionally, the City Clerk shall cause to be published a Notice of Public Hearing in a newspaper of general circulation within the City a total of at least two times prior to the hearing.  The first publication shall be at least two (2) weeks prior to the time for the hearing and the second publication shall be at last four (4) days before the date of the haring.  A proof of publication of such notice shall be filed with the City Clerk.
4.  The form of the notice of hearing to be published shall be substantially as set forth in Exhibit B, with such modifications as are deemed necessary by the City Manager to ensure that notice is provided to property owners within the District. 
5.  All actions heretofore taken by City officials, employees and agents with respect to the special assessment are hereby ratified and confirmed.
6.  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 2017.08/159 declared adopted.        

Being no further business, the Mayor adjourned the meeting at 7:10 a.m.  

____________________________            ____________________________
Gladys M. Bybee, MMC,CMMC            Brenda J Hess, Mayor
City Clerk                            

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