September 25 2017 Minutes
CITY OF BUCHANAN COMMISSION MINUTES
September 25, 2017
The Mayor called the Public Hearing to order at 7:00 p.m. and invited public comments on the Special Assessment Roll and to Hear and Consider Any Objections Thereto. Hearing no verbal or written comments, Cole moved, seconded by Moore to adjourn the Public Hearing at 7:00 p.m. Voice vote carried unanimously.
The regularly scheduled meeting of the City Commission was held at City Hall, 302 N Redbud Trail, Buchanan, Michigan Monday, September 25, 2017 and was called to order at 7:01 p.m. by Mayor Hess directly following the public hearing.
The Mayor led the Pledge of Allegiance. Pastor Dan Barz announced the great partnership with the Mayor, youth and ministerial for youth activity and then gave the Invocation.
Fran Terry explained the fundraiser at Thrill on the Hill the American Legion had and presented the City with $241.00 for the Police and Fire Departments to split.
Commissioners present: Carla Cole, Brenda Hess, Patricia Moore, Dale Toerne, Daniel Vigansky
Commissioners absent: none
Staff present: City Manager Bill Marx, Zoning Administrator Debra Patzer (arrived 7:30 p.m.) and Clerk Gladys Bybee
Guests/Visitors present: SMCAS Director Brian Scribner along with 16 visitors
Norma Ferris, Oak Street, asked several questions about items on the Consent Calendar. The Mayor replied to Ms. Ferris’ comments.
Moore moved, seconded by Toerne to approve the Consent Calendar as presented. Roll call vote carried unanimously.
• Minutes: Regular scheduled meeting, August 28, 2017 and Special meeting, August 31, 2017
• Sept. 11, 2017 Checks 75439 to 75530 in the amount of $1,091,420.18 (check 75439 was reissued to replace a lost check 75247)
• Checks 75531 to 75614 in the amount of $160,968.72
• Introduce Ordinance No. 2017/10.___, AN ORDINANCE AMENDING THE CITY OF BUCHANAN ZONING ORDINANCE; ARTRICLE III-DEFINITIONS AND USE OF TERMS; ARTICLE X – C-2 COMMERCIAL DISTRICT; ARTICLE XII I-1 LIGHT INDUSTRIAL DISTRICT; ARTICLE XIII I-2 HEAVY INDUSTRIAL DISTRICT; ARTICLE XVIII SPECIAL PROVISIONS: ARTICLE XXIII NONCONFORMING USES, BUILDINGS AND LOTS; ARTICLE XVII GENERAL PROVISIONS
• Banner Placement request: McCoy Creek Tail 5K
• Multiple Street Closures October 7, 2017: McCoy Creek Trail 5K
• Appoint Jennifer Tabor to the Downtown Development Authority to fulfill term through 2021 as a business owner in the District
• Street Closure September 29, 2017: BHS Homecoming Parade
• Banner Placement request: Fernwood Botanical Garden Annual Holiday Market
• Policy 2017-09-0001, Time-Stamp Punch Policy and Time Sheet Recording & Verification Policy
• Street Closure November 25, 2017: White Saturday/Holiday Lighting Parade
Friends of McCoy Creek Trail Wayne Writer introduced Jerry Flenar and Jan Ferris. Writer announced the upcoming 5K in October along with Trek or Treat along the Trail. He distributed a flyer. With almost 2,000 participants in trek or treat last year they ran out of candy and parking was horrendous, thus they are changing the start to be on Skyline Drive that would allow parking in the Clark Lab and Bosch parking lots. Flenar reported on his concern for safety and the new start location. They requested reserve officers for directing traffic and barricades. Discussion was shared.
Brittney McBain, Have Fun at Buchanan Parks was absent and will be rescheduled.
After Marx explained, Vigansky moved, seconded by Toerne to approve the resolution as presented. Resolution No. 4 Confirmation of Special Assessment Roll for Special Assessment District for Emergency Medical Services through Southwestern Michigan Community Ambulance Service, District No.1
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; and
WHEREAS, after giving proper notice, the City Council held a public hearing on September 25, 2017, to consider the proposed special assessment roll for the District and objections thereto; and
WHEREAS, after hearing all persons interested therein, giving due consideration to all written objections to said special assessment roll filed with the City Clerk and after reviewing said special assessment roll, the City Council deems said special assessment roll to be fair, just and equitable, and that each of the assessments contained therein is proportionate to the benefits to be derived by the parcel of land assessed.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
The special assessment roll prepared by the City Assessor, and reported to the City Council, and in the form attached as Exhibit A, is hereby confirmed and shall be known and designated for the District as Special Assessment Roll No. 1 (the “Roll”).
The City Clerk shall endorse on the Roll the date of this meeting as the date of confirmation of said Roll.
Each annual assessment pursuant to the Roll shall be levied on December 1 and shall be due and payable in February of the following year, in the same manner as general property taxes. The first assessment shall be levied on December 1, 2017.
If an annual assessment is not paid when due, then the assessment shall be considered to be delinquent and there shall be collected a penalty at the rate of one percent (1%) for each month or fraction of a month, that the assessment remains unpaid before being reported to the City Council for reassessment upon the City tax roll.
All special assessments contained in the Roll shall, from the date of confirmation of the Roll, constitute a lien upon the respective parcels of land assessed. Such lien shall be of the same character and effect as the lien created for City taxes and shall include accrued penalties.
The special assessments made in the Roll are hereby ordered and directed to be collected and the City Clerk shall deliver the Roll to the City Treasurer with her warrant attached thereto, which said warrant shall command the City Treasurer to collect the special assessments in the Roll in accordance with the direction of the City Council in respect thereto and which warrant shall further require the City Treasurer to include as a delinquent tax any unpaid special
assessment which is delinquent on the last day of February, and the delinquent taxes returned to the County Treasurer the next day pursuant to Section 55 of the General Property Tax Act, MCL 211.55. The form of said warrant is attached as Exhibit B.
Upon receiving the Roll and warrant, the City Treasurer shall proceed to collect the several amounts assessed therein as the same shall become due.
The City Clerk shall, as soon as possible but in no event more than seven (7) days after confirmation of the Roll, send notice of special assessment, in the form attached as Exhibit C, to the person responsible for payment of the ad valorem property taxes on, the record owner of, or party in interest in, each parcel of land assessed, at the address shown for such persons upon the last City tax assessment roll for ad valorem tax purposes which was reviewed by the City Council of Review, subject to any subsequent changes in the names and addresses of the owners or parties listed thereon.
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 2017.09/161 declared adopted.
After explanation from the City Manager, Cole moved, seconded by Moore to approve the resolution as submitted. Certified Signature Resolution for Michigan Department of Transportation Master Agreement
Whereas, the City of Buchanan has the authority to contract with the Michigan Department of Transportation for State and/or federal funds for passenger transportation-related services; and,
Whereas, the City of Buchanan does hereby approve Master Agreement Number 2017-0141,
Now, Therefore, be it resolved that the City Treasurer/Transportation Coordinator and the City Manager be authorized and directed to execute said Agreement for and on behalf of the City of Buchanan.
PROJECT AUTHORIZATION RESOLUTION
Whereas, this Resolution shall also approve execution of Project Authorizations for any programs designated by the City of Buchanan and/or Project Authorizations for any amount determined by the City of Buchanan with the Michigan Department of Transportation which are issued under Master Agreement Number 2017-0141,
Now, Therefore, be it resolved that the City Treasurer/Transportation Coordinator and the City Manager are authorized to enter into and execute on behalf of the City of Buchanan all such Project Authorizations with the Michigan Department of Transportation for passenger transportation-related services for the Agreement period.
Roll call vote carried unanimously. Resolution 2017.09/162 declared adopted.
After City Manager recommendation, Toerne moved, seconded by Moore to approve the variance from the two week maximum display time to three and one-half weeks for Banner Placement Form for the Chamber of Commerce White Saturday/Holiday Lighting. Roll call vote carried by majority. YEA: Cole, Hess, Moore, Toerne. NAY: Vigansky.
After Manager explanation of the Agreement, Moore moved, seconded by Toerne to approve the Crossing Guard Agreement contingent on including the hourly rate of pay with Buchanan Community Schools. Roll call vote carried unanimously.
The City Manager announced that he was awaiting comment from the City Attorney on the agreement with Michigan Marketing Network and explained what the media director services from Evan Powell would be. Moore recommended an agreement with Mr. Powell for City media marketing. The item was postponed until the next meeting.
David Mann, Silverbrook Avenue, Niles introduced himself and will be running for Michigan 78th District Representative and explained his platform. Luann Gardner, 605 Rynearson, Buchanan suggested the youth could be directed to assist with social media. Margo Green, 215 Liberty Street was concerned about the condition of the sidewalks along with gutter maintenance throughout City streets (Marx reported that $10,000 has been expended this year with sidewalk material and explained). Cathy Barnett, corner of Dewey/Oak reported her alley is washing out and she would provide pictures after the meeting. Ned Gardner, Buchanan reported that 30 foot of sidewalk is being replaced near his home and residences are not aware of any help from the City. Norma Ferris stated her concern about sidewalks and reported she went on a tour of the Landfill and is interested in information about why only Bertrand Township receives funds from the landfill and what the benefit is for the City taking in landfill leachate.
City Managers comments included confirmation that Schirmer Parkway speed limit sign of 35 miles an hour was approved by City Commission by Traffic Control Order and the Police Department has been enforcing the traffic; borrowed County speed radar trailer on Schirmer Parkway currently; would be bringing forward costs to purchase electronic monitoring speed limit signs; culprit caught for illegal dumping by the feed mill on South Redbud; abused dog found and recovering with adopted family; pleased with the effort made on Ross Sanders building explaining the work in detail; and utilized jail crew in town.
Commissioner’s comments included thanks for donation to Police and Fire; urged donations for Halloween; believes we should be aggressive with sidewalk repair; appreciates Scarecrow Charity Group; plans for Channel 17 and YouTube; urged residents to contact State Representatives about returning State funding to City.
Cole moved, seconded by Vigansky to adjourn the meeting at 8:35 p.m. Voice vote carried unanimously.
Gladys M Bybee, City Clerk Brenda J Hess, Mayor