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March 27 2017 Minutes

March 27, 2017
The regularly scheduled meeting of the City Commission was held at Buchanan City Hall, 302 N Redbud Trail, Buchanan, Michigan Monday, March 27, 2017 and was called to order by Mayor Hess at 7:00 p.m.
The Mayor led the Pledge of Allegiance.   Pastor Dave Mitchell gave the Invocation.
Commissioners present:  Carla Cole, Brenda Hess, Patricia Moore, Dale Toerne, Daniel Vigansky                                        
Commissioners absent:    none
Staff present:                    City Manager Bill Marx, Assistant Police Chief Tim Ganus, Officer’s Devonte Hureskin, John Leonard, and Dick Mann,
                                          Reserve Officer Sonny Fuller and Clerk Gladys Bybee                               
Guests/Visitors present:   Deputy Assessor Kari Puckett and Assessor Tony Meeyard along with 40+ visitors

Beverly Wilcox, Bertrand Township hopes and prays that marihuana does not come to Buchanan. Please vote no.  Andrea van der Laan, Buchanan Community Schools Superintendent opposed medical marihuana and confirmed that students are confused about the use of medical marihuana and asked Commission to vote no.  Eric Hagman, Front Street stated that Buchanan does not need medical marihuana and encouraged the Commission to vote no.

Toerne moved, seconded by Moore to amend the Agenda to remove C. Buchanan Youth Softball and Baseball Association (BYSBA) under VI. Reports by…  Roll call vote carried unanimously.  Vigansky moved, seconded by Moore to approve the Consent Calendar as amended.  Roll call vote carried unanimously. 
•    Agenda as amended
•    Minutes: Regular scheduled meeting, March 13, 2017 and Budget Work Session Summary, March 20, 2017
•    Checks 74448 to 74503 in the amount of $49,847.54
•    Acknowledge Highest Bidder of two surplus 2008 Eldorado Dial-A-Ride Buses 
•    Banner Placement form; Car Cruise In
•    Banner Placement form; Fernwood Summer Camps
•    Accept Resignation from Bill Norton from the Planning Commission
•    Appoint Vanessa Burns to the Planning Commission to fulfill a vacant term ending 2018 as recommended by the Planning Commission
•    Street Closure; Memorial Day Parade May 29, 2017
•    Award the Bid to lowest bidder, Pride Portable Toilets for 2017 Portable Toilet Facilities for the City of Buchanan

Puckett reported on the Assessor Department and explained her written report while all reviewed.  

Assistant Chief Ganus reported on the police department regarding Elderly fraudulent telephone calls and announced upcoming classes that would be posted on the Police Facebook. He announced two new Volunteer Reserve Officers graduated and coming on the force (25 now) and introduced Devonte Hureskin as a new part-time Police Officer.  Officer Hureskin gave a brief biography of himself and greetings were shared.  Ganus noted that if anyone is interested in Neighborhood Watch Programs, they can call either Bob Hess or himself at the Police Department.

Marx explained the previous process for painting the two water towers; one on Moccasin and one on Front Street.  He reported the logo on the towers including the “Life is Better Here” and “Promise Community”.   Vigansky moved, seconded by Toerne to approve the Notice to Proceed, Contract Documents (#22-11-03-01/02-17) with Dixon Engineering for Buchanan Water Tower Painting Project.  Roll call vote carried unanimously. 

Marx summarized the previous opportunities for residents’, public and Commissioners education/information to discuss developing a Buchanan City Ordinance and Zoning Ordinance on Michigan’s Medical Marihuana Facilities Act.  Cole suggested that the Commission delay and keep in contact with the State.  Moore stated the law is very specific and her concern is for the public dealing with cash only and about the medication tax revenue that will come back from the State (similar to loosing Revenue Sharing). Hess reported her friend uses medical marihuana for her son and she has strived for learning about medical marihuana.  Vigansky moved, seconded by Toerne to approve the resolution as presented: TO DEVELOP A BUCHANAN CITY ORDINANCE and ZONING ORDINANCE ON MICHIGAN’S MEDICAL MARIHUANA FACILITIES ACT
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 Marihuana laws,
WHEREAS, on that date, the City Attorney spent an hour reviewing the details and intricacies of:
Medical Marihuana Facilities Licensing Act – PA 281 of 216;
Grower’s License 
Class A License (up to 500 plants);
Class B License (up to 1000 plants);
Class C License (up to 1500 plants);
Processor’s License (edibles, topical treatments, beverages);
Provisioning Center (aka Dispensaries);
Secure Transporter’s License;
Safety Compliance Facility License.
Medical Marihuana Tracking Act – PA 282-2016;
Medical Marihuana 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 Marihuana 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 Marihuana 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 Marihuana Facilities Licensing Act;
WHEREAS, public forums 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 Marihuana Facilities Licensing Act;
WHEREAS, the Mayor and City Commission have been advised regarding numerous concerns and issues regarding development of an Ordinance(s) and Zoning Ordinance(s) “opting in” to the Medical Marihuana Facilities Licensing Act,
WHEREAS, the Mayor and City Commission have been advised regarding the numerous benefits regarding development of an ordinance(s) and zoning ordinance(s) “opting in” to the Medical Marihuana 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 Marihuana Facilities Licensing Act;
WHEREAS, being duly informed and advised, the City Commission has decided it shall “opt-in” and adopt ordinance(s) and zoning ordinance(s) that will authorize a yet to be determined location(s), facility type(s) and number of facilities within the City of Buchanan as provided by the Medical Marihuana Facilities Licensing Act; 
NOW, THEREFORE BE IT RESOLVED, that the Mayor and the Buchanan City Commissioners approve to move forward in the development of a Buchanan City Ordinance and Zoning Ordinance allowing for a yet to be determined number, type of licensed facility and location(s) within the City under the Michigan Medical Marihuana Facilities Licensing Act.
Roll call vote carried by majority.  YEA: Cole, Hess, Toerne, Vigansky. NAY: Moore.  Resolution 2017.03/150 declared adopted.
Marx explained the Sunday sales of liquor at the gas station on the corner of Redbud and Front that is without violation and has responsible business practices.  He recommended that they give positive comments.  Vigansky moved, seconded by Toerne to submit favorable opinion on the application RID#899214, New SDM License Issued under MCL 436.1533(7) with Sunday Sales Permit (AM) and Gas Pumps issued under MCL 436.154(6) 5’ (inside) for 267 E. Front Street for Niles RPM IV Inc. Roll call vote carried unanimously. 

City Manager reported the successful Chili Walk fundraiser for Band Boosters raising $800 and thanks to Hureskin being a Buchanan Officer. 

Commissioner’s welcomed new Officer Hureskin and new businesses in town, urged involvement with the developing of the medical marihuana ordinance, WNIT featuring Buchanan as “Our Town”, outstanding Volunteer Firefighters Award Banquet and gave brief comments.

Cole moved, seconded by Vigansky to adjourn the meeting at 8:13 p.m. Voice vote carried unanimously.

________________________                   ____________________________________
Gladys M. Bybee, City Clerk                     Brenda J Hess, Mayor

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