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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 13, 2011
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, September
13, 2011.
Mayor Warmington opened the meeting with a prayer from Mr. George
Monroe from Evanston Avenue Baptist Church after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Lawrence Spataro, Sue Wierengo, Steve Wisneski, Chris Carter,
and Clara Shepherd, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Cummings.
2011-62 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the City Commission Meeting
that was held on Tuesday, August 23, 2011.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Audit Contract Extension. FINANCE
SUMMARY OF REQUEST: The City is in the final year of its contract for audit
services with Brickley DeLong. The firm has approached the City with a proposal
to extend the contract for five years. This proposal includes a reduction of
$4,300 in the fee for the audit currently underway (FY 2011), if the City agrees to
the extension. Also, fees for the next five years are lower than the previously
agreed to fee for FY 2011.
The City has had a successful partnership with Brickley for several years and has
enjoyed a smooth and efficient annual audit process. With staff reductions and
increased demands on staff time, we think it is prudent to continue this
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relationship. Additionally, Brickley is a major downtown employer and the only
CPA firm located in the City that has a significant presence in the government
auditing field.
FINANCIAL IMPACT:
Fiscal Year 2011 2012 2013 2014 2015 2016
Previously Agreed $37,875 - - - - -
To Fee
Proposed Fee $33,575 $32,400 $33,275 $34,150 $35,350 $36,550
BUDGET ACTION REQUIRED: No action is required for the current year (2012)
budget. Future budgets will include the amounts shown above.
STAFF RECOMMENDATION: Approval of the proposed contract extension with
Brickley DeLong.
E. Congress of Cities Voting Delegate. CITY CLERK
SUMMARY OF REQUEST: To designate Commissioner Shepherd who will be in
attendance at the National League of Cities Annual Business Meeting on
Saturday, November 12th, to cast the City’s vote.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
F. Accept Resignation and Make Appointments to Various Boards and
Committees. CITY CLERK
SUMMARY OF REQUEST: To accept the recommendation from the Community
Relations Committee made at their meeting held on September 12, 2011, to
accept the resignation of Stephen Warmington Jr. from the Income Tax Board of
Review and appoint Paul Edbrooke to the Downtown Development Authority
and Irene Navaro to the Citizen’s Police Review Board.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Community Relations Committee
recommendations.
G. Michigan’s Personal Property Tax. CITY MANAGER
SUMMARY OF REQUEST: Request to approve the resolution.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
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STAFF RECOMMENDATION: Approval of the resolution.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda minus items C and D.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
2011-63 ITEMS REMOVED FROM THE CONSENT AGENDA:
C. Gaming License Request from Muskegon Lumber Jacks Charitable
Foundation. CITY CLERK
SUMMARY OF REQUEST: Muskegon Lumberjacks Charitable Foundation, 470 W.
Western, Muskegon, MI 49440, is requesting a resolution recognizing them as a
non-profit organization operating in the City for the purpose of obtaining a
Gaming License. They have been recognized as a 501(c)(3) organization by the
State.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
(Voted on with Item D)
D. Gaming License Request from Tempting Tables. CITY CLERK
SUMMARY OF REQUEST: Tempting Tables, 601 Terrace, Muskegon, MI is
requesting a resolution recognizing them as a non-profit organization operating
in the City for the purpose of obtaining a Gaming License. They have been
recognized as a 501(c)(3) organization by the State.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the request for a gaming license for Muskegon Lumber Jacks
Charitable Foundation and Tempting Tables.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2011-64 PUBLIC HEARINGS:
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A. Review 2010-2011 Consolidated Annual Performance Evaluation Report
(CAPER). COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To conduct a public hearing on September 13, 2011, to
review accomplishments and receive comments from the public concerning
the 2010-2011 Consolidated Annual Performance Evaluation Report (CAPER)
developed by the Community and Neighborhood Services department.
After the public hearing has been conducted and all the comments have been
documented, the Community and Neighborhood Services office requests that
the Commission direct the staff to submit the required documents to the U. S.
Department of Housing and Urban Development (HUD) in compliance with 24
CFR 91.520, by no sooner than September 14, 2011.
FINANCIAL IMPACT: The City is required to submit the CAPER report in order to
continue receiving Community Development Block Grant (CDBG) and HOME
funding.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To direct staff to gather comments from the public
and to submit the CAPER to HUD after the public comment period has elapsed.
COMMITTEE RECOMMENDATION: The document has been reviewed by the
Citizen’s District Council.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and approve the review of the 2010-2011 Consolidated Annual
Performance Evaluation Report.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
B. Request for an Industrial Facilities Exemption Certificate for Northern
PLANNING & ECONOMIC DEVELOPMENT
Machine Tool.
(REMOVED PER REQUEST OF APPLICANT)
C. Request for an Obsolete Property Rehabilitation Exemption Certificate
PLANNING & ECONOMIC DEVELOPMENT
for J&J Bail Bonds.
(REMOVED PER REQUEST OF STAFF)
2011-65 NEW BUSINESS:
A. Financial Policies Update. FINANCE
SUMMARY OF REQUEST: The City’s financial policies were last updated in
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2008. Recommended changes include:
• Increasing the General Fund reserve policy (i.e. unassigned fund balance)
from 10% to 13% of prior year actual revenues. This is reflective of the
level used in the state’s fiscal stress model;
• Addition of policies regarding the reporting of fund balances to bring the
City into compliance with the recently issued Governmental Accounting
Standards Board (GASB) statement 54;
• Streamlining the City’s investment policy;
• Standardizing staff authority to write-off accounts and settle liability claims
at the staff level in amounts up to $15,000;
• Formalization of policies regarding water affidavits and water/sewer billing
issues.
FINANCIAL IMPACT: The financial policies have a major impact on safeguarding
the City’s financial resources and interests.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the financial policies as presented.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
B. Application for Special License (Liquor Control Commission). PUBLIC
SAFETY
SUMMARY OF REQUEST: The Little Red House Inc. has submitted an application
for a Special License for Beer, Wine and Spirits for consumption on the premises
for September 24, 2011. This license is for a fundraiser dinner/dance to be held
on the USS LST 393, 560 Mart Street.
The Foundation meets all of the requirements for the special license with the
exception of the request for “spirits”. Commission policy dictates that any
special license request which includes spirits must be considered and approved
by the body.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff has no recommendation.
Motion by Commissioner Carter, second by Commissioner Shepherd to
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approve the application for a special liquor license on the USS LST 393 for Little
Red House, Inc.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, and Wierengo
Nays: Warmington, Wisneski, and Carter
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Spataro commented on the 80/20
requirement for health insurance.
PUBLIC PARTICIPATION: Public comments received.
2011-66 CLOSED SESSION: Collective Bargaining and Attorney/Client Privileged
Communication.
Motion by Commissioner Carter, second by Commissioner Shepherd to go into
Closed Session to discuss collective bargaining and attorney/client privileged
communication.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
MOTION PASSES
Motion by Commissioner Carter, second by Commissioner Shepherd to come
out of Closed Session.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:11 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
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