1 00:00:00,160 --> 00:00:07,520 not filing a petition or adopting a resolution it states the contract shall 2 00:00:04,640 --> 00:00:12,000 not be entered into under this act except for in compliance with this 3 00:00:09,800 --> 00:00:16,439 section if the governing body of the local union involved in a transfer of 4 00:00:13,960 --> 00:00:21,560 property under this act adops a resolution calling for a referendum only 5 00:00:18,880 --> 00:00:26,119 the transfer the local union may enter into the contract only if the transfer 6 00:00:24,560 --> 00:00:32,279 is approved by a majority of the electors voted on the transfer section 7 00:00:29,400 --> 00:00:37,719 124 2 three goes on to state that the composition of the population and 8 00:00:34,840 --> 00:00:43,000 population density land area and land uses are accessed and evaluated it 9 00:00:40,920 --> 00:00:47,760 continues with what is the past and probable future growth including our 10 00:00:45,239 --> 00:00:52,160 population our increase in business how will the increase commercial and 11 00:00:49,399 --> 00:00:57,239 Industrial Development in the area to be transferred in the host agreement is 12 00:00:54,440 --> 00:01:02,440 States under the recital section D that the village intend to negotiate and in 13 00:00:59,879 --> 00:01:07,720 enter into a contract to for conditional transfer of property pursuant to Public 14 00:01:04,879 --> 00:01:13,159 Act 425 section which is what I just recited now why did our board enter into 15 00:01:10,439 --> 00:01:18,840 a contract to pursue the transfer of land which is expressly stated and 16 00:01:15,640 --> 00:01:23,960 contract shall not be entered into under this act for make it a condition of an 17 00:01:21,159 --> 00:01:29,159 agreement nor do we see under this act and landfill can increase future growth 18 00:01:25,960 --> 00:01:34,200 of the population and businesses what we the people have steady is that we reduce 19 00:01:31,560 --> 00:01:38,759 the population because there will be an exit of good friends and neighbors 20 00:01:35,920 --> 00:01:38,759 moving out of the 21 00:01:46,320 --> 00:01:54,079 community you have the Michigan comp law clearly 22 00:01:51,680 --> 00:01:58,119 provide the committee with a voice and an opportunity to be heard why would 23 00:01:56,640 --> 00:02:02,479 these options not providing the community before adopting The Host 24 00:01:59,920 --> 00:02:06,840 agreement I don't know but the president stated his reason for moving forward was 25 00:02:04,439 --> 00:02:11,239 due to the debt of our community now if this is truly the reason then why lock 26 00:02:09,440 --> 00:02:15,560 our community into agreement and not make it a competitive project Riz are 27 00:02:14,120 --> 00:02:20,920 clearly stated in their community meeting that this goal is his goal is to 28 00:02:18,160 --> 00:02:24,200 beat the competitor and grow his company is what a CEO 29 00:02:28,760 --> 00:02:36,200 does the president decid that what rle want is more important than what the 30 00:02:33,599 --> 00:02:41,480 community need this Council should have been involved the community and petition 31 00:02:39,000 --> 00:02:46,959 them to to to look at the possibilities of placing a Landfield a transfer 32 00:02:43,800 --> 00:02:52,319 facility a recycle facility and Etc in our community based on its ability to 33 00:02:49,519 --> 00:02:56,800 increase Revenue to offset our debts the community should have been offering an 34 00:02:53,840 --> 00:03:00,319 open bid process allowing all parties including Waste Management the 35 00:02:58,760 --> 00:03:04,360 opportunity to bid we are a government and our job as 36 00:03:02,120 --> 00:03:08,200 legislature of this community is to protect and serve our community 37 00:03:06,599 --> 00:03:13,040 government should not be in bed with Corporation looking out for their 38 00:03:09,879 --> 00:03:13,040 welfare and their profit 39 00:03:20,599 --> 00:03:27,319 Mark now our attorney States you cannot resend your vote therefore I'm going to 40 00:03:25,400 --> 00:03:31,680 make a proposal to each one of you on this board again that I made last year 41 00:03:29,879 --> 00:03:37,159 some of you were not here so this is your first time hearing it that proposal 42 00:03:34,280 --> 00:03:42,239 is to allow the developer that continues to express an interest in developing the 43 00:03:39,280 --> 00:03:46,760 47 acre parture of land owned by The Village across from the Penbrook 44 00:03:44,319 --> 00:03:51,720 subdivision this developer is still offering a 36 month option to develop 45 00:03:49,239 --> 00:03:58,360 the land with one to two story single home on a half acre of land including 46 00:03:55,040 --> 00:04:03,599 green housing with Leed certification efficiency using energy Bo and other 47 00:04:01,319 --> 00:04:09,519 resources and protecting the health of our community this development will 48 00:04:06,079 --> 00:04:14,519 reduce waste pollution and environmental degradation unlike a Landfield this 49 00:04:12,200 --> 00:04:19,680 developer can incorporate Green Building Concepts into the landscap and surround 50 00:04:17,079 --> 00:04:24,520 the homes with electric vehicle charging station in each home this will also 51 00:04:22,240 --> 00:04:29,400 include a clubhouse which will promote relationships and neighborhood 52 00:04:26,400 --> 00:04:33,039 stabilization encouraging socialization and Community involvement unlike a 53 00:04:31,199 --> 00:04:37,840 Landfield that has stirred the anger of our community this developer is willing 54 00:04:35,560 --> 00:04:42,759 to promote health and fitness by building a playscape nature walk and 55 00:04:40,120 --> 00:04:46,680 bicycle trails we can take this green initiative a little step further by 56 00:04:44,919 --> 00:04:51,520 investing in a wind farm that me and trusty taywell has been working on to 57 00:04:49,039 --> 00:04:56,840 reduce the cost of electricity and establishing a niche for our 2.5 square 58 00:04:53,960 --> 00:05:01,560 mile Community the reduction and profit in energy saving will provide more 59 00:04:59,120 --> 00:05:06,120 income to offset something of the debt this Village never should have incurred 60 00:05:03,320 --> 00:05:09,919 over the past two decades we the people want to see the beauty of our 61 00:05:07,680 --> 00:05:12,720 surroundings and not the smell of a dump blowing in from the 62 00:05:21,840 --> 00:05:28,479 Northeast therefore I will like the trustees on this board who expressed the 63 00:05:25,960 --> 00:05:33,600 concern to be able and make a motion to resend their vote their 52 vote made by 64 00:05:31,240 --> 00:05:37,800 trusty Davis and second by President King K to execute a host Community 65 00:05:36,120 --> 00:05:43,080 agreement with Rizo and the state of Michigan looking to expl option of 66 00:05:40,120 --> 00:05:46,479 moving forward and I know trusty uming that's my 67 00:05:58,479 --> 00:06:01,479 motion 68 00:06:02,120 --> 00:06:09,039 motion is the same as the motion that trusty Davis made send that 69 00:06:18,560 --> 00:06:26,680 send please got the motion please it's exact same 70 00:06:24,680 --> 00:06:32,440 language for I use the same language res 71 00:06:34,680 --> 00:06:39,080 yes second it's already 72 00:06:45,759 --> 00:06:54,360 been trust all right so now what are you making the motion on restate your motion 73 00:06:51,199 --> 00:07:02,280 okay rest again your motion I sending a motion that you to enter into uh you 74 00:06:58,280 --> 00:07:07,800 said to to send a fight2 vote made by trusty Davis and second by President 75 00:07:04,360 --> 00:07:12,479 King and this was your motion to execute a host Community agreement with rizos in 76 00:07:09,919 --> 00:07:20,080 the state of Michigan looking to explore options of moving forward no can she 77 00:07:15,960 --> 00:07:20,080 resend my motion is that 78 00:07:22,479 --> 00:07:26,160 possible no that's for 79 00:07:26,360 --> 00:07:36,759 reconsideration it's in your package take a look at what yes I provid 80 00:07:32,560 --> 00:07:36,759 for it's part ofer 81 00:07:38,879 --> 00:07:48,599 order Jamie Jeremy I'm sure she'd let you make the mo go ahead I'd rather hear 82 00:07:44,800 --> 00:07:54,400 from legal counsel and she ain't got no no law degree and nothing I I'm not 83 00:07:52,039 --> 00:07:54,400 talking to 84 00:07:55,720 --> 00:08:02,440 you like to hear from the attorney first off I know this is why everybody's here 85 00:08:00,639 --> 00:08:07,120 let us please try to conduct business if not we'll have offers escort everyone El 86 00:08:04,280 --> 00:08:11,440 so please let's discussing we're trying to hear you we 87 00:08:09,039 --> 00:08:18,759 can't hear you I respect please speak into the microphone thank 88 00:08:14,520 --> 00:08:24,520 you trusty Harris um earlier today recognizing this might 89 00:08:21,879 --> 00:08:30,960 be an issue this evening I gave you a a legal analysis of motions to reconsider 90 00:08:27,639 --> 00:08:37,519 and or resend this is a motion to resend and starts on page two of my uh 91 00:08:34,399 --> 00:08:43,599 presentation to you a vote cannot be rescinded after something has been done 92 00:08:40,479 --> 00:08:49,600 as a result of that vote that the assembly cannot undo or where the vote 93 00:08:47,240 --> 00:08:53,880 is in the nature of a contract and the other party has been 94 00:08:51,320 --> 00:08:58,880 informed of that fact here the voted issue relates to the 95 00:08:57,080 --> 00:09:03,079 approval of the host Community agreement between between this Village and Rizo 96 00:09:01,360 --> 00:09:08,640 all parties to the Hol Community agreement were notified of the vote the 97 00:09:05,760 --> 00:09:14,720 H Community agreement was executed by the parties by The Village president and 98 00:09:11,480 --> 00:09:19,000 there was work done in Reliance uh on the 99 00:09:15,800 --> 00:09:24,800 agreement I contacted the attorneys for Rizo IND to inquire whether they had 100 00:09:21,600 --> 00:09:29,360 acted on the contract as contemplated under Robert's Rules of Order and they 101 00:09:26,519 --> 00:09:33,959 said they sent me a list and I provided of all the things they have 102 00:09:30,959 --> 00:09:40,040 done um I've given you my opinion I've done this before on this very issue um 103 00:09:37,200 --> 00:09:46,240 and it's before you any action to reconsider the vote will expose The 104 00:09:42,279 --> 00:09:46,240 Village to litigation on specific 105 00:09:54,760 --> 00:10:01,120 performance right got nothing now 106 00:10:03,360 --> 00:10:08,800 yeah I did and that's why I asked um just so the other people 107 00:10:25,920 --> 00:10:33,440 know I promise to get back on there's a reason why procedure 108 00:10:30,440 --> 00:10:33,440 wise 109 00:10:44,000 --> 00:10:47,800 weend isn't this a public 110 00:10:50,800 --> 00:11:02,079 meeting he just want out of this damn thing can't get out of it 111 00:10:58,040 --> 00:11:02,079 like on 112 00:11:06,600 --> 00:11:16,240 okay um has asked me to resend my motion for a procedure reason as long as he 113 00:11:11,839 --> 00:11:16,240 promised to return I promise 30 114 00:11:18,360 --> 00:11:30,959 seconds M you got that she's the motion yes I make a motion to suspend 115 00:11:27,600 --> 00:11:30,959 procedure can I get 116 00:11:34,279 --> 00:11:43,079 second procedure right second 117 00:11:40,000 --> 00:11:46,760 okay second meeting procedures for can you explain it to everybody what that 118 00:11:44,560 --> 00:11:52,079 means R order that's where you get the the motion The Memo from attorney Davis 119 00:11:48,639 --> 00:11:56,440 this morning now with that suspended go ahead with your 120 00:11:53,200 --> 00:12:00,959 motion I know she we gotoll you can do your 121 00:11:57,639 --> 00:12:00,959 motion roll 122 00:12:13,079 --> 00:12:16,360 please do 123 00:12:22,040 --> 00:12:27,279 twice I don't know you have Council rules of procedure that you adopted 124 00:12:26,079 --> 00:12:30,880 years ago for this 125 00:12:32,199 --> 00:12:37,519 okay now which one are you doing because you have two and I don't know which one 126 00:12:35,120 --> 00:12:41,880 was adoped cuz I was going BR that up tonight we have one that was adoped we 127 00:12:40,480 --> 00:12:48,120 had one was minutes Chell was on 128 00:12:45,720 --> 00:12:55,000 coun and then there was another one in September 2010 was ever 129 00:12:52,279 --> 00:13:00,000 adop no this goes back to the old9 can't go back to the that's the 130 00:12:57,639 --> 00:13:04,320 last one we ad after the one in August I got it with me but the one in August and 131 00:13:02,720 --> 00:13:10,480 then we came back and we made modifications 132 00:13:06,040 --> 00:13:10,480 sep can we just do this we can go to the 133 00:13:12,320 --> 00:13:24,240 motion roll call please CL truste h 134 00:13:18,959 --> 00:13:29,760 no truste Harris yes trusty Davis 135 00:13:26,760 --> 00:13:40,079 no trusty Tidwell no truste pki 136 00:13:33,120 --> 00:13:48,880 yes trustee steer yes president K yes proceed again same motion motion to 137 00:13:45,680 --> 00:13:53,759 resend the 52 vote made by trusty Davis and second by President k k to execute a 138 00:13:51,680 --> 00:13:57,480 host Community agreement the state of Michigan looking to explore options of 139 00:13:56,199 --> 00:14:06,639 moving forward that's second you don't 140 00:14:02,519 --> 00:14:12,160 Davis there's a I'm just going to ask again that you read 141 00:14:09,480 --> 00:14:15,120 closely my legal opinion on this issue I'm not going to beat it to 142 00:14:20,959 --> 00:14:30,680 death one question to attorney Davis would would it be better if the 143 00:14:26,399 --> 00:14:30,680 council reconsidered 144 00:14:32,800 --> 00:14:43,600 is impossible under the law if you're going to do 145 00:14:38,759 --> 00:14:43,600 it discussed roll call 146 00:14:45,160 --> 00:14:53,279 please so we want to hold on a second we discussion just real quick hear youy can 147 00:14:51,160 --> 00:14:57,680 you speak in a microphone please thank you I don't need a microphone um yeah 148 00:14:56,959 --> 00:15:04,560 you do only BR can say that ask my wife she 149 00:15:01,040 --> 00:15:08,639 can tell you I don't need it um but um so what we're looking at here is you 150 00:15:06,000 --> 00:15:13,680 want to resend the motion that was made in last month's meeting and so you want 151 00:15:11,240 --> 00:15:19,680 to resend the whole motion which would resend the action the action 152 00:15:16,480 --> 00:15:23,480 itself okay just wanted to make sure that that's what we were looking at do 153 00:15:21,040 --> 00:15:23,480 any other 154 00:15:25,360 --> 00:15:40,160 discussion please trust pki yes trustee Tidwell yes trustee steer 155 00:15:34,600 --> 00:15:45,839 yes trustee Hill yes trusty Harris yes trusty Davis yes president k k 156 00:15:57,600 --> 00:16:00,600 yes 157 00:16:04,720 --> 00:16:08,199 thank you 158 00:16:22,839 --> 00:16:30,519 get this what we going to do we going to take a 5 minute recess and then we'll 159 00:16:26,720 --> 00:16:30,519 come back at 22 160 00:16:31,920 --> 00:16:35,160 after you 161 00:16:39,199 --> 00:16:42,199 lose