[0:00] not filing a petition or adopting a
resolution it states the contract shall
[0:04] not be entered into under this act
except for in compliance with this
[0:09] section if the governing body of the
local union involved in a transfer of
[0:13] property under this act adops a
resolution calling for a referendum only
[0:18] the transfer the local union may enter
into the contract only if the transfer
[0:24] is approved by a majority of the
electors voted on the transfer section
[0:29] 124 2 three goes on to state that the
composition of the population and
[0:34] population density land area and land
uses are accessed and evaluated it
[0:40] continues with what is the past and
probable future growth including our
[0:45] population our increase in business how
will the increase commercial and
[0:49] Industrial Development in the area to be
transferred in the host agreement is
[0:54] States under the recital section D that
the village intend to negotiate and in
[0:59] enter into a contract to for conditional
transfer of property pursuant to Public
[1:04] Act 425 section which is what I just
recited now why did our board enter into
[1:10] a contract to pursue the transfer of
land which is expressly stated and
[1:15] contract shall not be entered into under
this act for make it a condition of an
[1:21] agreement nor do we see under this act
and landfill can increase future growth
[1:25] of the population and businesses what we
the people have steady is that we reduce
[1:31] the population because there will be an
exit of good friends and neighbors
[1:35] moving out of the
[1:46] community you
have the Michigan comp law clearly
[1:51] provide the committee with a voice and
an opportunity to be heard why would
[1:56] these options not providing the
community before adopting The Host
[1:59] agreement I don't know but the president
stated his reason for moving forward was
[2:04] due to the debt of our community now if
this is truly the reason then why lock
[2:09] our community into agreement and not
make it a competitive project Riz are
[2:14] clearly stated in their community
meeting that this goal is his goal is to
[2:18] beat the competitor and grow his company
is what a CEO
[2:28] does the president decid that what rle
want is more important than what the
[2:33] community need this Council should have
been involved the community and petition
[2:39] them to to to look at the possibilities
of placing a Landfield a transfer
[2:43] facility a recycle facility and Etc in
our community based on its ability to
[2:49] increase Revenue to offset our debts the
community should have been offering an
[2:53] open bid process allowing all parties
including Waste Management the
[2:58] opportunity to bid
we are a government and our job as
[3:02] legislature of this community is to
protect and serve our community
[3:06] government should not be in bed with
Corporation looking out for their
[3:09] welfare and their profit
[3:20] Mark now our attorney States you cannot
resend your vote therefore I'm going to
[3:25] make a proposal to each one of you on
this board again that I made last year
[3:29] some of you were not here so this is
your first time hearing it that proposal
[3:34] is to allow the developer that continues
to express an interest in developing the
[3:39] 47 acre parture of land owned by The
Village across from the Penbrook
[3:44] subdivision this developer is still
offering a 36 month option to develop
[3:49] the land with one to two story single
home on a half acre of land including
[3:55] green housing with Leed certification
efficiency using energy Bo and other
[4:01] resources and protecting the health of
our community this development will
[4:06] reduce waste pollution and environmental
degradation unlike a Landfield this
[4:12] developer can incorporate Green Building
Concepts into the landscap and surround
[4:17] the homes with electric vehicle charging
station in each home this will also
[4:22] include a clubhouse which will promote
relationships and neighborhood
[4:26] stabilization encouraging socialization
and Community involvement unlike a
[4:31] Landfield that has stirred the anger of
our community this developer is willing
[4:35] to promote health and fitness by
building a playscape nature walk and
[4:40] bicycle trails we can take this green
initiative a little step further by
[4:44] investing in a wind farm that me and
trusty taywell has been working on to
[4:49] reduce the cost of electricity and
establishing a niche for our 2.5 square
[4:53] mile Community the reduction and profit
in energy saving will provide more
[4:59] income to offset something of the debt
this Village never should have incurred
[5:03] over the past two decades we the people
want to see the beauty of our
[5:07] surroundings and not the smell of a dump
blowing in from the
[5:21] Northeast therefore I will like the
trustees on this board who expressed the
[5:25] concern to be able and make a motion to
resend their vote their 52 vote made by
[5:31] trusty Davis and second by President
King K to execute a host Community
[5:36] agreement with Rizo and the state of
Michigan looking to expl option of
[5:40] moving forward and I know trusty
uming that's my
[5:58] motion
[6:02] motion is the same as the motion that
trusty Davis made send that
[6:18] send please got the motion please it's
exact same
[6:24] language
for I use the same language res
[6:34] yes second it's already
[6:45] been trust all right so now what are you
making the motion on restate your motion
[6:51] okay rest again your motion I sending a
motion that you to enter into uh you
[6:58] said to to send a fight2 vote made by
trusty Davis and second by President
[7:04] King and this was your motion to execute
a host Community agreement with rizos in
[7:09] the state of Michigan looking to explore
options of moving forward no can she
[7:15] resend my motion is that
[7:22] possible no that's for
[7:26] reconsideration it's in your package
take a look at what yes I provid
[7:32] for it's part ofer
[7:38] order Jamie Jeremy I'm sure she'd let
you make the mo go ahead I'd rather hear
[7:44] from legal counsel and she ain't got no
no law degree and nothing I I'm not
[7:52] talking to
[7:55] you like to hear from the attorney first
off I know this is why everybody's here
[8:00] let us please try to conduct business if
not we'll have offers escort everyone El
[8:04] so please let's
discussing we're trying to hear you we
[8:09] can't hear you I respect please speak
into the microphone thank
[8:14] you trusty Harris
um earlier today recognizing this might
[8:21] be an issue this evening I gave you a a
legal analysis of motions to reconsider
[8:27] and or resend this is a motion to resend
and starts on page two of my uh
[8:34] presentation to you a vote cannot be
rescinded after something has been done
[8:40] as a result of that vote that the
assembly cannot undo or where the vote
[8:47] is in the nature of a contract and the
other party has been
[8:51] informed of that
fact here the voted issue relates to the
[8:57] approval of the host Community agreement
between between this Village and Rizo
[9:01] all parties to the Hol Community
agreement were notified of the vote the
[9:05] H Community agreement was executed by
the parties by The Village president and
[9:11] there was work done in Reliance uh on
the
[9:15] agreement I contacted the attorneys for
Rizo IND to inquire whether they had
[9:21] acted on the contract as contemplated
under Robert's Rules of Order and they
[9:26] said they sent me a list and I provided
of all the things they have
[9:30] done um I've given you my opinion I've
done this before on this very issue um
[9:37] and it's before you any action to
reconsider the vote will expose The
[9:42] Village to litigation on specific
[9:54] performance
right got nothing now
[10:03] yeah I did and that's why I asked um
just so the other people
[10:25] know I promise to get back on there's a
reason why procedure
[10:30] wise
[10:44] weend isn't this a public
[10:50] meeting he just want out of this damn
thing can't get out of it
[10:58] like on
[11:06] okay um has asked me to resend my motion
for a procedure reason as long as he
[11:11] promised to return I promise 30
[11:18] seconds M you got that she's the motion
yes I make a motion to suspend
[11:27] procedure can I get
[11:34] second
procedure right second
[11:40] okay second meeting procedures for can
you explain it to everybody what that
[11:44] means R order that's where you get the
the motion The Memo from attorney Davis
[11:48] this morning now with that suspended go
ahead with your
[11:53] motion I know she we gotoll you can do
your
[11:57] motion roll
[12:13] please do
[12:22] twice I don't know you have Council
rules of procedure that you adopted
[12:26] years
ago for this
[12:32] okay now which one are you doing because
you have two and I don't know which one
[12:35] was adoped cuz I was going BR that up
tonight we have one that was adoped we
[12:40] had one
was minutes Chell was on
[12:45] coun and then there was another one in
September 2010 was ever
[12:52] adop no this goes back to the
old9 can't go back to the that's the
[12:57] last one we ad after the one in August I
got it with me but the one in August and
[13:02] then we came back and we made
modifications
[13:06] sep can we just do this we can go to the
[13:12] motion roll call please
CL truste h
[13:18] no truste Harris yes trusty
Davis
[13:26] no trusty Tidwell
no truste pki
[13:33] yes trustee steer yes president K yes
proceed again same motion motion to
[13:45] resend the 52 vote made by trusty Davis
and second by President k k to execute a
[13:51] host Community agreement the state of
Michigan looking to explore options of
[13:56] moving
forward that's second you don't
[14:02] Davis there's a I'm just going to ask
again that you read
[14:09] closely my legal opinion on this issue
I'm not going to beat it to
[14:20] death one question to attorney Davis
would would it be better if the
[14:26] council reconsidered
[14:32] is impossible under the
law if you're going to do
[14:38] it discussed roll call
[14:45] please so we want to hold on a second we
discussion just real quick hear youy can
[14:51] you speak in a microphone please thank
you I don't need a microphone um yeah
[14:56] you
do only BR can say that ask my wife she
[15:01] can tell you I don't need it um but um
so what we're looking at here is you
[15:06] want to resend the motion that was made
in last month's meeting and so you want
[15:11] to resend the whole motion which would
resend the action the action
[15:16] itself okay just wanted to make sure
that that's what we were looking at do
[15:21] any other
[15:25] discussion please trust pki yes
trustee Tidwell yes trustee steer
[15:34] yes trustee Hill yes trusty Harris yes
trusty Davis yes president k k
[15:57] yes
[16:04] thank you
[16:22] get this what we going to do we going to
take a 5 minute recess and then we'll
[16:26] come back at 22
[16:31] after you
[16:39] lose