February 27 2017 Minutes
CITY OF BUCHANAN COMMISSION MINUTES
February 27, 2017
The regularly scheduled meeting of the City Commission was held at Buchanan City Hall, 302 N Redbud Trail, Buchanan, Michigan Monday, February 27, 2017 and was called to order by Mayor Hess at 7:00 p.m.
The Mayor led the Pledge of Allegiance. Father Leo from St. Anthony’s gave the Invocation
Commissioners present: Carla Cole, Brenda Hess, Patricia Moore, Dale Toerne, Daniel Vigansky
Commissioners absent: none
Staff present: City Manager Bill Marx, WWTP Operator Bill Housand, Building Inspector Guy Lewis, Police Officer’s Dick Mann,
Sonny Fuller, Brie Schmidt, and Clerk Gladys Bybee
Guests/Visitors present: Easter Egg Hunt Sponsor Alice Kring and PLAY Chairman Craig Miller along with 40 visitors
Moore moved, seconded by Cole to ask public speakers to declare if they have any financial interest in medical marijuana. Roll call vote carried by majority. YEA: Cole, Hess, Moore, Toerne. NAY: Vigansky.
Michael Frybeck, Fulton St. no financial gain, take it out of town. JT Williams, Fulton, New Hope Missionary Baptist, detrimental to community. Jeanne Harris, Bluff St. no financial interest. Check into drug overdoses and she listed addresses where marijuana is being grown currently. She read a letter from Citizens for Responsible Government. Mayor Hess announced she received a threatening letter from Citizens for Responsible Government. Cindy Benson, Cecil St. no financial interest. Empathy for Mayor Hess, does not want any mm businesses within the Buchanan City limits. Brandon Gardner, Grand Rapids and his client wants it, so he has financial interest. Has heard a lot of talk of underground sales/growing. The Act has flexibility but main issue is patients. Johnnie Wallace, Redbud Trail has financial interest. Apologizes for problems caused the Commission and he is looking out for patients. Dorothy Harris, Bluff St. stated that Benton Harbor and Niles will have dispensary. Does not want it near schools, churches or north end of Buchanan. Alan Robandt, E Front St., has a financial interest. The City needs revenue and welcomes the jobs. Mary Beth Tobin, Stevensville Baroda Road, could have financial interest as she has medical condition, every City dispensary she been to were nice and clean. Alice Kring, W Bertrand business owner in town has financial interest. Does not want it in the business district. Believes nothing has to be done, make ordinance strict and strong. William Haas, Stateline Road presented a business plan to the Commission and he is here to help Buchanan people get their medicine and remain life is better here. Vanessa Burns, W Front St. wants it taken to Niles. Robert Tucker, Elizabeth St. has no financial interest believes Buchanan does not need a mm dispensary. Pastor Taylor, Mount Zion Church on Redbud Trail no financial interest. Does not want it in anybody’s neighborhood. Doyle Vergon, Lake St, may have financial interest and believes it will be a cost to Buchanan. Phyllis Taylor, South Bend Indiana, concerned about safety and does not want it at 1103 N Redbud. Kathy Kay, Third St. no financial interest. Does not want mm in Buchanan. Marie Brown, Bluff St. no financial interest. Asked the Commission if they want it in their front yard. Larry Tobin, Stevensville has a financial interest as co-owner. Hears the concerns and will not put it in their back yard. The Mayor assured all that it would not be put anywhere currently. Commissioner Toerne says he is on the Planning Commission and zoning would need to be changed.
Moore moved, seconded by Vigansky to amend the Consent Calendar to include A. Accept Michigan Gateway Community Foundation Grant under New Business to the Agenda. Roll call vote carried unanimously. Moore moved, seconded by Vigansky to approve the Consent Calendar as amended. Roll call vote carried unanimously.
• Minutes: Regular scheduled meeting, February 13, 2017 and Public Forum Summary, February 16, 2017
• Checks 74284 to 74356 in the amount of $113,123.64
• Resolution 2017.02/147, Poverty Exemption Guidelines
WHEREAS, the adoption of guidelines for poverty exemption is within the purview of the City Commission; and
WHEREAS, the homestead of persons who, in the judgment of the Assessor and Board of Review, by reason of poverty, are unable to contribute to the public charges is eligible for exemption from taxation under Public Act 390 of 1994 (MCL 211.7u); and
WHEREAS, pursuant to PA 391, of 1994 Buchanan City, Berrien County adopts the following guidelines for the Assessor and Board of Review to implement and follow when determining if any applicant is eligible to receive a poverty exemption. The guidelines shall shall include but not be limited to the specific income and asset levels of the applicant and all persons residing in the household, including any property tax credit returns, filed in the current or immediately preceding year. Further, that the total taxes owed in a calendar year shall be at least $500.00 in order to be considered for an exemption.
To be eligible, a person shall do all of the following on an annual basis:
1. Be an owner of and occupy as a homestead the property for which an exemption is requested.
2. File a Hardship Exemption Application with the Assessor or Board of Review, accompanied by federal and State income tax returns for all persons residing in the homestead, including any property tax credit returns filed in the immediately preceding year or in the current year.
3. A valid driver’s license or other form of picture identification is required
4. A deed, land contract, or other evidence of ownership if the property for which an exemption is requested is required
5. Meet the federal poverty income standards as defined and published annually by the State Tax Commission.
6. The application for an exemption shall be filed after January 1, but before the day prior to the last day of the March Board of Review
7. The allowable net value of the asset test shall not exceed 2 times that of the federal poverty guidelines as published on an annual basis by the State Tax Commission.
NOW, THEREFORE BE IT RESOLVED, that the Board of Review shall follow the above stated policy and federal guidelines in granting or denying an exemption.
• Banner Placement; Buchanan School Farm Plow Day April 22
• Banner Placement; Buchanan Art Center Classes
• Re-Appoint Margaret Young to the Board of Review through 2019
• Re-Appoint Jennifer Singleton to the Board of Review through 2019
• Re-Appoint Carla Cole to the Board of Review through 2019
Alice Kring introduced Craig Miller and explained the 2017 Annual Easter Egg Hunt on April 15 and asked permission to display banner and use Public Property. She also asked for help of candy, dog biscuits and help stuffing eggs. Toerne moved, seconded by Cole to allow the Banner in Gazebo Park and use of the Common for the Easter Egg Hunt. Roll call vote carried unanimously.
Building Department Inspector Guy Lewis explained his 2016 Annual written Building Report while all reviewed.
Marx explained the added functions on the weekend of June 9/10 and proposed moving the garage sale dates to June 16/17. Moore moved, seconded by Cole to approve the resolution rescheduling the June date of Buchanan Citywide Garage Sales for year 2017 (tabled from February 13 meeting) as presented.
WHEREAS, the City of Buchanan City Commission vote unanimously on February 23, 2015 to hold the Annual Citywide Garage Sales on
the second weekend of June every year; and
WHEREAS, the City Manager has become aware of two other significant events; Buckteen sponsored large car show on Saturday, June 10
and Red Bud TNT Monster Truck Show sponsored by National Monster Truck Organization; and
WHEREAS, the City Manager has met with the Chamber of Commerce Director and both recommend that the Annual Citywide Garage
Sales be moved from the second weekend in June to the third weekend in June due to this new discovery.
NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Buchanan cancels the 2017 Annual Citywide Garage Sales
from the second weekend in June, more specifically June 9 and 10; and
BE IT FURTHER RESOLVED that the City Commission of the City of Buchanan will support and promote the 2017 Annual Citywide Garage
Sales to the third weekend in June, more specifically June 16 and 17.
After deliberation, roll call vote carried by majority. YEA: Cole, Hess, Moore, Toerne.
NAY: Vigansky. Resolution 2017.02/148 declared approved.
After the Manager explained the Street Closure Saturday June 10; Front Street Redbud to Main and Days from Front to Central for the Buckteen Car Cruise In, Toerne moved,
seconded by Cole to approve the street closure. Roll call vote carried unanimously.
The Manager reported the miscommunication with the State and suggested the two, 2008 Eldorado Dial-A-Ride buses be declared as surplus equipment and disposal by accepting
sealed bids until March 9, 2017 at 3:00 p.m. Vigansky moved, seconded by Moore to declare the buses as surplus equipment and accept sealed bids until March as suggested by the Manager. Roll call vote carried unanimously.
Housand explained the two quotes received for the repair at the WWTP. Vigansky moved, seconded by Toerne to approve the quote for repair of the Gas Flair Unit for the Wastewater Dept. in the amount of $4,800 from D.A. Dodd as suggested. Roll call vote carried unanimously.
Cole asked if anything was received from the City Attorney regarding when the licensing Board would reach a determination when they will be complete with the medical marijuana application and process. Toerne moved, seconded by Cole to postpone any decision on medical marijuana until March 27, 2017 when they would have more information about the law.
WHEREAS, on February 7, 2017 the City of Buchanan held a public workshop in which the City Commission, Planning Commission and the Public were invited to attend in an effort to educate and inform the City and its Citizens on Michigan’s Medical Marijuana laws,
WHEREAS, on that date, the City Attorney spent an hour reviewing the details and intricacies of:
1. Medical Marijuana Facilities Licensing Act – PA 281 of 216;
a. Grower’s License
i. Class A License (up to 500 plants);
ii. Class B License (up to 1000 plants);
iii. Class C License (up to 1500 plants);
b. Processor’s License (edibles, topical treatments, beverages);
c. Provisioning Center (aka Dispensaries);
d. Secure Transporter’s License;
e. Safety Compliance Facility License.
2. Medical Marijuana Tracking Act – PA 282-2016;
3. Medical Marijuana Act Amendment – PA 283 of 206.
WHEREAS, during this public workshop those attending had an opportunity to ask questions of the City Attorney and also a representative from State Representative David Pagel’s office as it related to Michigan’s Medical Marijuana laws.
WHEREAS, during this public workshop, it was announced that there would be two public hearings to be scheduled on February 16th and February 20th.
WHEREAS, the Medical Marijuana Facilities Licensing Act requires a City such as Buchanan to affirmatively “opt in” by developing an Ordinance and Zoning Ordinance before facility licensed through the Act would be allowed to operate within the City limits,
WHEREAS, if the City chose not to act, those licensed through the Act would not be allowed to operate within the City limits,
WHEREAS, the City of Buchanan has a legitimate purpose in addressing the appropriateness of “opting in” to the Medical Marijuana Facilities Licensing Act,
WHEREAS, public hearings were held on February 16th and February 20th for the purpose of giving residents and non-residents of the City of Buchanan an opportunity to speak both in favor of and against “opting in” to Michigan’s Medical Marijuana Facilities Licensing Act.
WHEREAS, the Mayor and City Commission has been advised regarding numerous concerns and issues regarding development of an Ordinance and Zoning Ordinance “opting in” to the Medical Marijuana Facilities Licensing Act,
WHEREAS, the Mayor and City Commission has been advised regarding the numerous benefits regarding development of an Ordinance and Zoning Ordinance “opting in” to the Medical Marijuana Facilities Licensing Act,
WHEREAS, it has become evident to the City Commissioners that the Citizens of Buchanan have strong opinions both for and against the City’s “opting in” to the Medical Marijuana Facilities Licensing Act,
NOW, THEREFORE BE IT RESOLVED, that the Mayor and the Buchanan City Commissioners approves to postpone any decision on whether the City should “Opt in” to the Medical Marijuana Facilities Licensing Act until the March 27, 2017 Commission meeting in an effort to better research the facts and concerns of its Citizens.
After deliberation, roll call vote carried by majority. YEA: Cole, Hess, Moore, Toerne. NAY: Vigansky. Resolution 2017.02/149 declared approved.
Marx reported he received the Grant Agreement today to put in fitness equipment along the Trail. Cole moved, seconded by Toerne to accept the Grant Agreement from Gateway Foundation in amount of $5,000. for fitness equipment along the McCoy Creek Trail. Roll call vote carried unanimously.
Brief Commissioner comments were heard.
Vigansky moved, seconded by Toerne to adjourn the meeting at 8:32 p.m. Voice vote carried unanimously.
Gladys Bybee, City Clerk Brenda J Hess, Mayor