City Commission Minutes 12-13-2011

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                   DECEMBER 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, December
13, 2011.
    Mayor Warmington opened the meeting with a prayer from Mr. George
Monroe 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 Chris Carter, Clara Shepherd, Lawrence Spataro, Sue Wierengo,
and Steve Wisneski, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Cummings.
2011-87 INTRODUCTIONS/PRESENTATION:
     A. New Water Filtration Plant Supervisor, Steve Teunis.
Mohammed Al-Shatel, Public Works Director, introduced Steve Teunis, the new
Water Filtration Plant Supervisor.
2011-88 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the City Commission Meeting
that was held on Tuesday, November 22, 2011.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
     B. 2012 User Fee Update. FINANCE
SUMMARY OF REQUEST: City departments have reviewed and updated their
user fees and these have been incorporated into the Master Fee Resolution for
your consideration.
The new fees and fee changes that are being proposed include the following:

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•   Establishment of new fees to cover costs associated with rental re-inspection
    “no-shows” and repeated non-compliance inspections;
•   Increase in the landlord affidavit filing fee for landlords seeking to have
    tenants directly responsible for payment of water and sewer bills;
•   Modification of some fees related to special events (note: these fees are
    shown under DPW and under Special Events);
•   Changes to Clerk’s fees for gaming licenses, transient businesses/peddlers,
    encroachments & fireworks.
FINANCIAL IMPACT: Increased revenue for fee supported activities.
BUDGET ACTION REQUIRED: None at this time. Adoption of the Master Fee
Resolution will help the City attain its budgeted revenue estimates.
STAFF RECOMMENDATION: Approval.
       C. Request to Deny & Accept Properties That Did Not Sell During the Tax
          Sale for 2011. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The County of Muskegon held two delinquent tax
auctions during 2011. There were twenty three properties left after the last
auction. According to the State’s new tax laws, the City must state that they
are not interested in obtaining them, otherwise the City will automatically
receive them. From the list that was provided, there are four houses, one
commercial building, and eighteen vacant lots. Community & Neighborhood
Services would like to obtain two of the houses and Planning would like to obtain
eleven vacant lots with the remaining parcels being denied.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To deny ten parcels and accept thirteen parcels
and authorize both the Mayor and the Clerk to sign said resolution.
       D. Deficit Elimination Plan for Home Rehabilitation Fund and State Grants
          Fund. FINANCE
SUMMARY OF REQUEST: At June 30, 2011 the City of Muskegon Home
Rehabilitation Fund had a deficit balance of $166,174 and the State Grants
Fund had a deficit unassigned balance of $71,930. Act 275 of the Public Acts of
1980 requires that the City file a Deficit Elimination Plan with the Michigan
Department of Treasury. Staff is requesting adoption of the Home Rehabilitation
Fund and State Grants Fund Deficit Elimination Plan Resolutions.
FINANCIAL IMPACT: As presented by the Deficit Elimination Plan the Home
Rehabilitation Fund and State Grants Fund will no longer have a deficit by June
30, 2013.
BUDGET ACTION REQUIRED: None.

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STAFF RECOMMENDATION: Adoption of the Deficit Elimination Plan Resolutions.
      E. Improvement Plan for Hackley Park – Donor. PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: A potential donor has made a request through the
Community Foundation for Muskegon County, to provide funds for
improvements to Hackley Park, including a Foundation fund for future park
maintenance. Staff has met with the donor, as well as Schultz Transport, Inc.,
who is designing the improvements. The Master Plan for Hackley Park has been
consulted as improvements are being designed. This is an exciting project
which will provide for attractive, as well as historic, improvements to the Park,
when there are few City funds available. The City has agreed to continue
providing water to the Park as part of our responsibility. There will be a marker
placed in the park in memory of the donor’s husband.
FINANCIAL IMPACT: None for the City. The maintenance fund established
through the Community Foundation will pay for future maintenance, as well as
replacement, when necessary (with the exception of the water, which the City
will provide).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the general plan for improvements to
Hackley Park and the establishment of a maintenance fund through the
Community Foundation; and authorize staff to continue coordinating with the
Foundation, the donor and Schultz Transport, Inc. on the specific design and
improvements to be made. Final improvements must be approved by the
Historic District Commission.
      F. Service Agreement with Professional Med Team Inc. PUBLIC SAFETY
SUMMARY OF REQUEST: To enter into a service agreement (calendar year 2012)
with Professional Med Team (Pro-Med) to provide a paramedic for the purpose
of performing a blood draw, when needed, of suspected intoxicated drivers.
The paramedic will be dispatched directly to the jail to perform the draw. This
service will be utilized by all law enforcement agencies within Muskegon
County. Pro Med is located within the City.
FINANCIAL IMPACT: The cost to the department will be $75 per blood draw.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
      G. 2012 and 2013 Salary Schedule for Part-Time and Limited-Term
         Employees and the 2012 and 2013 Salary Schedule and Fringe Benefits
         for Non-Represented Employees. CITY MANAGER
SUMMARY OF REQUEST:



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1)   To establish the 2012 and 2013 salary ranges for part-time and limited-term
     employees.
2)   To approve and adopt the proposed salary ranges and salary schedules
     for the non-represented administrative, technical, professional, and
     supervisory employees for 2012 and 2013 (1.0% increase for 2012 and no
     increase for 2013).
3)   Increase the employee health insurance bi-weekly premium co-pay from
     $30.00 to 10% of premium cost based on the applicable single, double
     and family rate (1/1/2012).
4)   Limit paid leave hours to 240 in computing the final average
     compensation for an employee (1/1/2012).
5)   Eliminate overtime hours in computing the final average compensation for
     an employee (1/1/2013).
FINANCIAL IMPACT:
1)   Minimal. Minor changes are proposed.
2)   The salary increases will cost approximately $20,000, plus approximately
     $5,000 in added fringe benefit costs.
3)   City cost savings of approximately $15,000.
4)   Unknown reduction in pension costs for City.
5)   Unknown reduction in pension costs for City.
BUDGET ACTION REQUIRED: To authorize the necessary 2011-2012 budgetary
amendments and transfer of money from the affected City funds (Contingency
Account for General Fund) to the appropriate salary and fringe benefit
accounts to accommodate the salary increases and fringe benefit adjustments.
STAFF RECOMMENDATION:
1)   To approve the 2012 and 2013 salary ranges for part-time and limited-term
     employees.
2)   To approve and adopt the proposed salary ranges, salary schedules, and
     fringe benefit changes for non-represented employees for 2012 through
     2013.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
the Consent Agenda as presented.
ROLL VOTE: Ayes:     Gawron, Shepherd,      Spataro,   Warmington,   Wierengo,
           Wisneski, and Carter
           Nays: None
MOTION PASSES
2011-89 PUBLIC HEARINGS:
                                                                 PLANNING &
     A. Parks and Recreation Master Plan Amendment.
        ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST:        In order to seek a Michigan Natural Resources
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Trust Fund grant for projects, they must be included in the Parks & Recreation
Master Plan. Therefore, amendments are recommended for the Consumer’s
Power site and Sheldon Park. In addition, minor amendments are included for
other parks, particularly in relation to ADA requirements.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the “Muskegon Parks & Recreation Master
Plan 2009” Amendments and authorize the Mayor and Clerk to sign any
documents necessary related to the amendments.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Commissioner Wisneski to close the
Public Hearing and approve the Parks & Recreation Master Plan Amendments.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
           and Gawron
            Nays: None
MOTION PASSES
2011-90 NEW BUSINESS:
   A. Consolidation of Services Plan – EVIP. FINANCE
SUMMARY OF REQUEST: Under the Economic Vitality Incentive Program (EVIP)
adopted by the State earlier this year, the City must meet certain criteria in
order to continue receiving statutory revenue sharing funds. The first criterion
was to prepare and make available a citizen’s guide and performance
dashboard by October 1, 2011.
The second criterion the City must meet is to certify to the Michigan Department
of Treasury that by January 1, 2012 they have produced and made readily
available to the public, a plan with one or more proposals to increase its existing
level of cooperation, collaboration, and consolidation, either within the
jurisdiction or with other jurisdictions.
The Economic Vitality Incentive Program - Consolidation of Services Plan is
presented for your approval. Once approved, the plan will be submitted to the
Michigan Department of Treasury and made available to the public on City’s
website.
FINANCIAL IMPACT: Failure to submit the plan to the State could result in the loss
of $321,642 – the consolidation of services portion of the EVIP payment.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Commission approval of the plan and authorization
for staff to submit the plan to the Michigan Department of Treasury.

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Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the Consolidation of Services Plan – EVIP.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
           Nays: None
MOTION PASSES
  B. 2012 National League of Cities Membership Dues. CITY CLERK
SUMMARY OF REQUEST: The 2012 National League of Cities Membership
Renewal Notice has been received.
FINANCIAL IMPACT: $3,813.
BUDGET ACTION REQUIRED: This has not been budgeted for.
STAFF RECOMMENDATION: None.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the request for the 2012 National League of Cities Membership Dues.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
           Nays: None
MOTION PASSES
ANY OTHER BUSINESS:
Mayor Warmington, on behalf of the citizens of the City of Muskegon and City
staff, thanked outgoing Commissioners Carter, Shepherd and Wisneski for their
leadership and service to our community.
ADJOURNMENT: The City Commission Meeting adjourned at 6:00 p.m.


                                         Respectfully submitted,




                                         Ann Marie Cummings, MMC
                                         City Clerk




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