City Commission Packet 04-10-2012

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  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                       APRIL 10, 2012
 CITY COMMISSION CHAMBERS @ 5:30 P.M.
                           AGENDA

CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
  A. Approval of Minutes. CITY CLERK
  B. Request to Fly the Norwegian Flag. CITY CLERK
  C. Memorandum of Understanding – Justice Assistance Grant.       PUBLIC
     SAFETY
  D. Great Lakes Comnet – METRO Act Permit. ENGINEERING
  E. MUFD Equipment Request – Turnout Gear. PUBLIC SAFETY
  F. Veterans Memorial Park Transportation Project. CITY MANAGER
  G. Next Michigan – Interlocal Agreement for the West Michigan Economic
     Development Partnership. PLANNING & ECONOMIC DEVELOPMENT
  H. Aggregates, Highway Maintenance Materials and Concrete. PUBLIC
     WORKS
PUBLIC HEARINGS:
  A. 2012 – 2013 Action Plan. COMMUNITY & NEIGHBORHOOD SERVICES
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
       A. Revolving Loan Fund (RLF) Loan with Great Lakes Die Cast.                                     CITY
          MANAGER
       B. Master Contract for the Muskegon County Wastewater System. CITY
          MANAGER
   ANY OTHER BUSINESS:
   PUBLIC PARTICIPATION:
   Reminder: Individuals who would like to address the City Commission shall do the following:
   Fill out a request to speak form attached to the agenda or located in the back of the room.
    Submit the form to the City Clerk.
   Be recognized by the Chair.
   Step forward to the microphone.
   State name and address.
   Limit of 3 minutes to address the Commission.
   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

   CLOSED SESSION:
   ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD:
(231) 724-4172.
Date:     April 10, 2012
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Cummings, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the March 27th City
Commission Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                      MARCH 27, 2012
    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, MI at 5:30 p.m., Tuesday, March 27, 2012.
Vice Mayor Gawron opened the meeting with a prayer from Pastor Tim Cross
from the Living Word Church after which the Commission and public recited the
Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Vice Mayor Stephen Gawron, Commissioners Lawrence Spataro, Willie
German, Byron Turnquist, and Eric Hood, City Manager Bryon Mazade, City
Attorney John Schrier, and City Clerk Ann Marie Cummings.
Absent:   Mayor Stephen Warmington and Commissioner Sue Wierengo
(excused)
2012-18 INTRODUCTIONS/PRESENTATION:
     A. Social Justice Committee.
Rev. Samuel Greer Jr., updated the Commissioners on the progress of the
Committee.
2012-19 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the March 12th Commission
Worksession Meeting and the March 13th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
     B. 2012-13 Healthcare & Wellness Program. FINANCE
SUMMARY OF REQUEST: It is time to renew the City’s healthcare coverage for
2012-13 plan year (6/1/12-5/31/13). Renewal premiums for the City’s current
healthcare program have come in at a 7.90% increase over the current year.
Last year we experienced an 8.83% increase and in 2010 the increase was
9.45%. In comparative terms, the rate increase is moderate as many
                                     1
employers are experiencing double-digit increases. Also, the City’s healthcare
costs remain well below the “hard cap limits” set by PA 152 and remain cost
competitive with the standards set by EVIP for new hires.
For 2012-13, the City will continue to pay the HRA deductible if the employee
and spouse complete the four-step wellness initiative prior to April 30th; non-
participants in the wellness program pay the first $500 (single)/$1,000
(double/family) of the deductible.
FINANCIAL IMPACT: Following is an estimate of gross premium costs for the
Priority Health HMO program compared with the current year:
                                                 2012 – 2013                                          2011 - 2012
                                Single           Double               Family           Single         Double           Family


Monthly Premium                 $      411.99    $        926.96      $    1,112.37    $    381.84    $      859.12    $    1,030.95

Annual Premium                        4,943.88         11,123.52          13,348.44        4,582.08        10,309.44       12,371.40

Current # Employees                        35                    40            134               35              40             134

Total Annual Premium                173,035.80        444,940.80      1,788,690.96      160,372.80        412,377.60   1,657,767.60

                                                     2,406,667.56       7.90%                         2,230,518.00
                                                                      Increase

Add: HRA Deductibles Paid by                          140,056.47
City

Less: Employee Premium Copays                        (182,471.00)

Equals: Employer Cost                            $2,364,253.03



                                         PA 152 Hard Cap Limits
                                $     5,500.00   $     11,000.00      $ 15,000.00

                                    192,500.00        440,000.00      2,010,000.00

                                                 $2,642,500.00


                                       EVIP Standards for New Hires
                                $     5,085.22   $     10,170.85      $ 14,035.73


Most employees currently pay 10% of the above premium costs via payroll
deduction. Fire employees will start paying 10% effective 1/1/13. The contract
for Police Patrol is currently unsettled.
BUDGET ACTION REQUIRED: Employee and retiree healthcare costs will be
included in the forthcoming 2012-13 budget.
STAFF RECOMMENDATION: Authorize staff to execute documents with Priority
Health to renew healthcare coverage.
         D. Sale of Buildable Vacant Lot at                           1660       7th   Street.         PLANNING             &

                                                             2
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1660
7th Street (Parcel #24-205-440-0004-00) to Theresa Strother, 1640 7th Street
(adjacent properties). The lot is 101 x 134 ft. and Mrs. Strother is offering $1,000
plus the fee to register the deed. The City has owned the property since 1996
and there have been no inquiries for potential construction.
FINANCIAL IMPACT: The sale of this lot will generate additional tax revenue for
the City and will place the property back on the City’s tax rolls thus relieving the
City of continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
      E. Sale of Buildable Vacant Lot at 354 McLaughlin Avenue. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 354
McLaughlin Ave (Parcel #24-205-261-0005-00) to Maria Jaimes, 1242 Spring St
(adjacent properties). The lot is 67 x 132 ft. and Mrs. Jaimes is offering $1,000 plus
the fee to register the deed. The City has owned the property since 2006 and
there have been no inquiries for potential construction.
FINANCIAL IMPACT: The sale of this lot will generate additional tax revenue for
the City and will place the property back on the City’s tax rolls thus relieving the
City of continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
Motion by Commissioner Spataro, second by Commissioner Turnquist to approve
the Consent Agenda with the exception of item C.
ROLL VOTE: Ayes: German, Gawron, Turnquist, Hood, and Spataro
             Nays: None
MOTION PASSES
2012-20 ITEM REMOVED FROM THE CONSENT AGENDA:
      C. Request to Submit a Grant Application to Reconstruct Getty Street from
         Evanston to Apple Avenue. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to submit a grant application to MDOT
for TEDF-F funds to reconstruct Getty Street from Evanston to Apple Avenue. The
request is for $375,000 and will require a match of up to $350,000 which will have
to be budgeted for in the spring of 2013 since the grant application is 2014.
FINANCIAL IMPACT:      A local share of $350,000 match plus engineering costs.
                                          3
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize staff to submit the application.
Motion by Commissioner Spataro, second by Commissioner Hood to approve
the request to submit a grant application to reconstruct Getty Street from
Evanston to Apple Avenue.
ROLL VOTE: Ayes: Gawron, Turnquist, Hood, Spataro, and German
            Nays: None
MOTION PASSES
2012-21 PUBLIC HEARINGS:
      A. Request for the Establishment of an Industrial Development District at
         444 Irwin Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Graphics House Sports Promotions, Inc. has requested to establish an Industrial
Development District at 444 Irwin Ave. The company has recently purchased
the property and will eventually be making improvements to real and personal
property on site. The establishment of the district will allow the company to
become eligible for Industrial Facilities Tax Abatements (IFT’s).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         Approval of the establishment of the Industrial
Development District.
The Public Hearing opened to hear and consider any comments from the
public. Mr. Dan McKennen, from Graphics House Sports Promotions, Inc. spoke.
Motion by Commissioner Spataro, second by Commissioner German to close
the Public Hearing and approve the request for the establishment of an Industrial
Development District at 444 Irwin Avenue.
ROLL VOTE: Ayes: Turnquist, Hood, Spataro, German, and Gawron
            Nays: None
MOTION PASSES
2012-22 NEW BUSINESS:
      A. DDA On-Premise Liquor License for Curry Kitchen.          PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution approving a Downtown
Development Authority On-Premise Liquor License for Curry Kitchen. The Liquor
Control Code allows for additional liquor licenses within Downtown
Development Authority Districts under certain conditions.
FINANCIAL IMPACT:     Approval of the Liquor License will allow for a new
                                       4
restaurant in the downtown area which should result in increased revenue for
the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Spataro, second by Commissioner Hood to approve
the request for a DDA On-Premise Liquor License for Curry Kitchen.
ROLL VOTE: Ayes: Turnquist, Hood, Spataro, German, and Gawron
                  Nays: None
MOTION PASSES
        B. Water Rate Increase. FINANCE
SUMMARY OF REQUEST: City water rates were last increased January 1st 2005.
The economic downturn has caused water usage to drop even while costs for
electricity, treatment chemicals and labor have risen steadily over this period. In
FY 2011, the City’s water fund experienced a $330,504 net loss – the third
consecutive year of losses (including the shortened fiscal period ended 6/30/10).
Accordingly, staff is recommending a 10% water rate increase (from $1.40/HCFT
to $1.54/HCFT) effective July 1, 2012.
FINANCIAL IMPACT: The rate increase will generate an estimated $410,000 in
additional water revenue annually.
The following table compares existing and proposed rates to other area
communities and provides an estimate of the monthly impact on typical
households:

                                                  7,500Gallons/month               15,000Gallons/month 
                       Rate    Measure      Commodity   Fixed       Total      Commodity  Fixed         Total 
Muskegon (Current)      1.40  100Cu.Ft.          14.00                14.00         28.00                28.00 
                                                            ‐                                  ‐ 
Whitehall               2.00  1000Gal.           15.00                15.00         30.00                30.00 
                                                            ‐                                  ‐ 
Muskegon (Proposed)     1.54  100Cu.Ft.           15.40     ‐         15.40          30.80      ‐        30.80 
Grand Haven             1.86  1000Gal.            13.98     7.00      20.98          27.96      10.32    38.28 
Muskegon Hts.           1.98  1000Gal.            14.85     7.79      22.64          29.70      7.79     37.49 
Montague                2.25  1000Gal.            16.88     7.00      23.88          33.75      7.00     40.75 
Grand Rapids            1.72  100Cu.Ft.           17.20     10.17     27.37          34.40      10.17    44.57 
Norton Shores           3.55  1000Gal.            26.63     8.22      34.85          53.25      8.22     61.47 
North Muskegon          3.10  100Cu.Ft.           31.00     8.33      39.33          62.00      8.33     70.33 
Roosevelt Park          3.38    1000Gal.          25.35     24.93     50.28          50.70      24.93    75.63 


BUDGET ACTION REQUIRED: Revenue estimates included in the forthcoming
2012-13 budget will be based on the new rate structure.
STAFF RECOMMENDATION: Approval of the resolution increasing water rates

                                                   5
effective July 1, 2012.
Motion by Commissioner Spataro, second by Commissioner Turnquist to approve
the resolution increasing water rates effective July 1, 2012.
ROLL VOTE: Ayes: Hood, Spataro, German, Gawron, and Turnquist
             Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:02 p.m.


                                        Respectfully submitted,




                                        Ann Marie Cummings, MMC
                                        City Clerk




                                    6
Date:      April 10, 2012
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Cummings, City Clerk
RE:        Request to Fly the Norwegian Flag




SUMMARY OF REQUEST: Sons of Norway are requesting permission
to fly the Norwegian Flag at City Hall on Thursday, May 17th in honor of
Norway’s Constitution Day (Independence Day).


FINANCIAL IMPACT: None


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: Approval of the request.
Date:          March 30, 2012
To:            Honorable Mayor and City Commissioners
From:          Jeffrey A. Lewis
               Director of Public Safety

RE:            Memorandum of Understanding – Justice Assistance Grant


SUMMARY OF REQUEST:

The Director of Public Safety requests that the Commission authorize the Director and the
City Manager to enter into an agreement with the City of Muskegon Heights and Muskegon
County in regards to the disbursement of the FY 2012 Justice Assistance Grant. It if further
requested that the Mayor be authorized to sign the Memorandum of Understanding. Note that
time is of the essence as this grant requires a 30 day governing body review period before the
grant submission and the grant deadline is May 14.

Although the Bureau of Justice Assistance has designated us as being in a disparate funding
situation due to the County providing more than 50% of the jail facilities, our proposal is to
keep the allocations exactly as they initially came down from the BJA which is as follows:
County of Muskegon $ 0; City of Muskegon $ 28,513 and City of Muskegon Heights $
17,561. Note that BJA uses crime data versus population in making these allocation
decisions.

The City of Muskegon portion is planned to be used in continuation of the manner in which
the previous year’s JAG funding was used which is for the prosecution of city ordinance cases
dealing primarily with neighborhood issues. A prosecutor was hired specifically for this under
a previous fiscal year JAG Grant.



FINANCIAL IMPACT:

None.



BUDGET ACTION REQUIRED:

None.



STAFF RECOMMENDATION:

Staff recommends approval of this request.
                      MEMORANDUM OF UNDERSTANDING
                           THE CITY OF MUSKEGON
                         THE COUNTY OF MUSKEGON
                       THE CITY OF MUSKEGON HEIGHTS


       FY 2012 JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
                    Regular Funding/Local Solicitation


   This Agreement is made and entered into on the ______ day of _______, 2012, by and

between the County of Muskegon, acting by and through its governing body, the Board of

County Commissioners, located at 990 Terrace Street, Muskegon, Michigan 49442 and the

City of Muskegon, acting by and through its governing body, the City Commission, located

at 933 Terrace Street, Muskegon, Michigan 49443-0536, and the City of Muskegon Heights,

acting by and through its governing body, the City Council, located at 2724 Peck Street,

Muskegon Hts., MI 49444, all of Muskegon County, State of Michigan, witnesseth:




   WHEREAS, the CITY OF MUSKEGON has agreed to serve as the applicant/fiscal agent

for the joint funds under the: Justice Assistance Grant(Local Solicitation) as the Bureau of

Justice Assistance has designated the allocation to the law enforcement communities in

Muskegon County as a disparate allocation; and

   WHEREAS, each governing body, in performing governmental functions or in paying for

the performance of governmental functions, hereunder, shall make that performance or

those payments from current revenues legally available to that party; and

   WHEREAS, each governing body find that the performance of this Agreement is in the

best interest of all parties, that the undertaking will benefit the public, and that the division

of costs fairly compensates the performing party for the services or functions under this

Agreement; and




                                                                             Page 1 of 3
     WHEREAS, the breakdown of allocated funding agreed upon by those entities involved

in the disparate funding is $ 28,513 to the CITY OF MUSKEGON and $ 17,561 to the CITY

OF MUSKEGON HEIGHTS; and

     WHEREAS, the CITY OF MUSKEGON, CITY OF MUSKEGON HEIGHTS and COUNTY OF

MUSKEGON believe it to be in their best interests to allocate the JAG funds as specified in

this Agreement.



NOW THEREFORE, THE COUNTY OF MUSKEGON, CITY OF MUSKEGON AND CITY OF

MUSKEGON HEIGHTS agree as follows:

                                         AGREEMENT

1.      THE CITY OF MUSKEGON will act as the fiscal agent/applicant agency.

2.      The total eligible joint allocation for the disparate jurisdictions of $ 46,074 will be

        allocated as follows:    COUNTY OF MUSKEGON - $ 0; CITY OF MUSKEGON - $28,513;

        CITY OF MUSKEGON HEIGHTS - $ 17,561

3.      Each municipality will be responsible for its actions in the use of any equipment

        purchased under this Agreement and the fiscal agent shall not be liable for any civil

        liability that may arise from the purchase of the use of the equipment.

4.      The CITY OF MUSKEGON HEIGHTS will be responsible for submitting quarterly

        reports to the CITY OF MUSKEGON by the third day of the month following the

        quarter in the reporting fashion required by the CITY OF MUSKEGON and for any

        month in which an expenditure under the grant has occurred the CITY OF

        MUSKEGON HEIGHTS will submit a reimbursement request to the CITY OF

        MUSKEGON      by   the   third   day   of   the   following   month   along   with   backup

        documentation such as invoices.

5.      The CITY OF MUSKEGON HEIGHTS will be responsible for the accuracy of all data

        submitted to the CITY OF MUSKEGON for submission to the Bureau of Justice




                                                                                Page 2 of 3
     Programs and will be liable for penalties as a result of submitting the data late and

     for any inaccurate data.

6.   Nothing in the performance of this Agreement shall impose any liability for claims

     against the CITY OF MUSKEGON passing from this program or from the CITY OF

     MUSKEGON HEIGHT’s expenditure of the JAG funds.

7.   By entering into this Agreement, the parties do not intent to create any obligations,

     express or implied, other than those set out herein. Further, this Agreement shall

     not create any rights in any party not a signatory hereto.



                                                COUNTY OF MUSKEGON


Dated:_______________, 2012                     By:____________________________
                                                      Kenneth Mahoney, Chairman
                                                      County Board of Commissioners


                                                CITY OF MUSKEGON

Dated:_______________, 2012                     By:____________________________
                                                      Steve Warmington, Mayor



                                                CITY OF MUSKEGON HEIGHTS

Dated:_______________, 2012                     By:_____________________________
                                                      Darrell Paige, Mayor




                                                                       Page 3 of 3
Date:         April 3rd, 2012

To:           Honorable Mayor and City Commissioners

From:         Director of Public Safety Jeffrey Lewis

RE:           MUFD Equipment Request (turnout gear)




SUMMARY OF REQUEST:

The Director of Public Safety requests that the Commission authorize the amount of
$19,048.56 for (12) twelve sets of turnout gear for part time fire fighters in which
have/will be in-service by June of 2012. The department recently hired (6) six
firefighters who are now in fire training, the other (6) six will be activated on/before
June 2012. The safety equipment is personalized to each firefighter and will be
issued at the time received. The turnout gear per set ($1587.38), quote thru
04/26/12, sole source vendor (Douglass Safety Systems LLC).

FINANCIAL IMPACT:

N/A



BUDGET ACTION REQUIRED:

Equipment was budgeted in the 2011/12 budget cycle to support the hire of part time
firefighters.



STAFF RECOMMENDATION:

Staff recommends approval of this purchase request.
                          AGENDA ITEM NO. ___________________

                CITY COMMISSION MEETING __________________________




TO:         Honorable Mayor and City Commissioners

FROM:       Bryon L. Mazade, City Manager

DATE:       March 29, 2012

RE:         Veterans Memorial Park Transportation Project



SUMMARY OF REQUEST:
To approve funding for a transportation improvement project for Veterans Memorial Park.




FINANCIAL IMPACT:
Up to $12,000 cost to the City.




BUDGET ACTION REQUIRED:
None at this time.




STAFF RECOMMENDATION:
Approve funding up to $12,000 for the project and authorize the City to act as the fiduciary for
the project.



COMMITTEE RECOMMENDATION:
The Veterans Memorial Park Committee recommends approval.




pb\AGENDA – VETS PARK TRNSPRTTN PRJCT 032912
                         Muskegon Veteran’s Park
            Potential Items for Inclusion in Grant Applications




Prepared 6/2/11 by MDOT – Muskegon TSC
Revised 7/14/11 by MDOT – Muskegon TSC
Revised 10/18/11 by MDOT – Muskegon TSC
Revised 03/20/2012 by MDOT – Muskegon TSC
Item #1 – Parking for the Northern Portion of the Park
Construct a new parking area on the north side of the river along the SB lanes of M-120. Parking area will be
similar in design and size to the two existing parking areas located on the south bank of the Muskegon River.

 ITEM #1 - CONSTRUCT NEW PARKING LOT ON NORTH SIDE
 Work Item                                             Unit     Quantity        Unit Price         Estimate
 Excavation, Earth                                     Cyd         790            $10.00           $7,900.00
 Embankment, CIP, Special                              Cyd        2370            $10.00          $23,700.00
 Curb and Gutter, Det B2                                Ft         130            $20.00           $2,600.00
 Driveway Opening, Conc, Det M                          Ft          70            $20.00           $1,400.00
 Aggregate Base                                        Syd        1670            $7.00           $11,690.00
 HMA (3.5")                                            Ton         325            $65.00          $21,125.00
 Slope Restoration                                     Syd         700            $2.00            $1,400.00
                                                               Item #1 Subtotal (Rounded)         $70,000.00
Item #2 – New Sidewalk Loop for Northern Portion of Park
Construct a sidewalk loop around the northern portion of the park. This would be made similar to the walkway that
was included in the original construction, but would need to be modified to connect to the existing sidewalk that
crosses on the inside of the northbound bridge, and would include an elevated boardwalk over the channel
connecting the northern lagoon to the river.

 ITEM #2 - EXPANSION OF SIDEWALK TO NORTH SIDE LOOP
 Work Item                                      Unit      Quantity         Unit Price           Estimate
 Excavation, Earth                              CYD          220             $10.00            $2,200.00
 Embankment, CIP, Special                       CYD          440             $10.00            $4,400.00
 Sidewalk, Conc, 4 inch                         SFT         10000            $2.50             $25,000.00
 Timber Boardwalk                                Ft          160            $400.00            $64,000.00
 Slope Restoration                              SYD         2670             $2.00             $5,340.00
                                                          Item #2 Subtotal (Rounded)          $101,000.00
Item #3 – Removal of Existing Streetlights
Remove the existing street lights along M-120. The existing street lights would be replaced by item #2B. MDOT
has reviewed the location and determined that the lights are not warranted for traffic purposes.

 Work Item                                     Unit          Quantity         Unit Price        Estimate
 Light Std Arm, Rem                            Ea               50              $50.00         $2,500.00
 Light Std Fdn, Rem                            Ea               50             $200.00         $10,000.00
 Light Std Shaft, Rem                          Ea               50             $100.00         $5,000.00
 Luminaire, Rem                                Ea                50             $30.00         $1,500.00
                                                             Item #3 Subtotal (Rounded)        $19,000.00
Item #4 – Construction of Pedestrian Lighting and Electrical System Upgrades
Construct a system of low level pedestrian lights that would follow the existing and proposed walkways throughout
the park. Included would be a general upgrade of the electrical system throughout the park to accommodate the new
lights.

 ITEM #4 - INSTALLATION OF PEDESTRIAN LIGHTING, AND UPGRADED ELECTRICAL SYSTEM
 Work Item                                       Unit           Quantity        Unit Price       Estimate
 Light Standard Foundation                        Ea               80            $200.00        $16,000.00
 Light Standard Shaft, Round, 16'                 Ea               80           $1,500.00      $120,000.00
 Luminaire, LED, 250 W                            Ea               80           $1,600.00      $128,000.00
 Conduit, Direct Bury, 1, 2 inch                  Ft             10000            $3.50         $35,000.00
 Conduit, Direct Bury, 1, 3 inch                  Ft              500             $6.00          $3,000.00
 Conduit, Direct Bury, 1, 4 inch                  Ft              500             $8.00          $4,000.00
 Conduit, Directional Bore, 3 inch                Ft              1000           $15.00         $15,000.00
 DB Cable in Conduit, 600V, 1/C#4                 Ft              1000            $1.50          $1,500.00
 DB Cable in Conduit, 600V, 1/C#6                 Ft             32000            $1.25         $40,000.00
 Cable Equipment Grounding Wire, 1/C#4            Ft              500             $1.50          $750.00
 Cable Equipment Grounding Wire, 1/C#6            Ft              5000            $1.25          $6,250.00
 Handhole, Heavy Duty Cover                       Ea               10            $700.00         $7,000.00
 Handhold, Light Duty Cover                       Ea               30            $500.00        $15,000.00
 Outdoor Outlet                                   Ea               10            $400.00         $4,000.00
 Flag Pole Light                                  Ea               10            $500.00         $5,000.00
 Utility Connection Charge                        LS               1           $20,000.00       $20,000.00
                                                              Item #4 Subtotal (Rounded)       $421,000.00
Item #5 – Additional Signs, Benches, and Landscaping
Additional signage concerning the construction and history of the park, and the veteran’s for which it was built.
Benches placed at convenient locations along the walkways throughout the park, and some additional landscaping to
improve the aesthetics of the park and recreate some of the historical/original landscaping.

 ITEM #5 - INSTALLATION OF SIGNAGE, MEMORIALS AND BENCHES
 Work Item                    Unit        Quantity               Unit Price                  Estimate
 Benches                       Ea             15                 $1,500.00                  $22,500.00
 Signs                         Ea             10                 $1,000.00                  $10,000.00
 Landscaping                  LS              1                 $120,000.00                $120,000.00
                                              Item #5 Subtotal (Rounded)                   $153,000.00
Item #6 – Pave the Existing Parking Lots
Apply two courses of hot mixed asphalt to the existing parking lots to improve access, and create an ADA friendly
environment. Complete hard path, ADA compliant connections from the parking lots to the existing and proposed
walkways.

 ITEM #6 - PAVE EXISTING LOTS
 Work Item                                      Unit            Quantity         Unit Price        Estimate
 OGDC, 6 inch, Modified                          Syd              2750             $7.00          $19,250.00
 HMA (3.5")                                      Ton              530              $65.00         $34,450.00
                                                               Item #6 Subtotal (Rounded)         $54,000.00
                         Summary of Estimated Costs
     Item #                           Brief Description                           Estimated Cost
       1                             New Parking Area                              $70,000.00
       2                       Northern Portion Sidewalk Loop                      $101,000.00
       3                             Remove Streetlights                           $19,000.00
       4                         Construct Pedestrian Lights                       $421,000.00
       5                      Signage, Benches and Landscaping                     $153,000.00
       6                         Pave Existing Parking Lots                        $54,000.00
                                    Contingency (~10%)                             $82,000.00


                                                     Construction Cost Total       $900,000.00


                                        Engineering and Oversight Cost Total       $73,000.00


                                                           Total Estimated Cost    $973,000.00




                       Summary of Proposed Funding
Construction      State / Federal Enhancement Grant (95%)                          $855,000.00
                  Veterans Groups / Lions Club / Community Foundation (5%)
Construction                                                                       $45,000.00
                  (Cash & Community Foundation Grant)


                                                 Construction Funding Total        $900,000.00


Engineering and   Local Participation (City of Muskegon & North Muskegon &
                                                                                   $73,000.00
Oversight         Muskegon County)

Engineering and   Veterans Groups / Lions Club / Community Foundation
                                                                                       ???
Oversight         (Additional Potential Fund Raising)


                                    Engineering and Oversight Funding Total        $73,000.00


                                                    Total Estimated Funding        $973,000.00
Veteran's Park Enhancement Grant Funding                  March 19, 2012

Project Costs
Construction (see detail below)                $900,000
Engineering (see detail below)                  $73,000
Total Costs                                    $973,000

Funding Sources
Enhancement Grant (95% of construction)        $855,000
Veterans Fundraising Efforts (to date)          $50,000
Hooker DeJong Contribution                      $31,500
Remainder of Funding Requirement                $36,500
Total Funding                                  $973,000

Participation beyond Fed/State
5% of construction costs                        $45,000
Engineering (see estimate below)                $73,000
Total Needed                                   $118,000




Construction Estimate Detail
Parking Lot north side                          $70,000
Sidewalk Loop north side                        $37,000
Boardwalk across north pond                     $64,000
Removal of streetlights                         $19,000
Pedestrian Lighting and assoc. electrical      $421,000
Signs, Benches, Landscaping, Monuments         $153,000
Pave existing parking lots                      $54,000
Contingency                                     $82,000
Total Construction Costs                       $900,000

Engineering Estimate Detail (from HDJ)
HDJ Work (Sidewalk, boardwalk, lighting, 
permitting, construction oversight, etc.)       $63,000
Subconsultant Work (survey, landscape, site 
civil)                                          $10,000
Total Engineering                               $73,000
           Commission Meeting Date: April 10, 2012




Date:       March 28, 2012
To:         Honorable Mayor & City Commission
From:       Planning & Economic Development Department
RE:         Next Michigan- Interlocal Agreement for the West
            Michigan Economic Development Partnership


SUMMARY OF REQUEST: The “Interlocal Agreement for the West
Michigan Economic Development Partnership” (Muskegon and Kent
counties) has been prepared and reviewed by the staff and attorneys for
all participating jurisdictions. Approval of the “Agreement” by all entities
will allow us to apply for a Next Michigan status. The County of
Muskegon approved the “Agreement” at their meeting on March 22.
FINANCIAL IMPACT: None, at this time. However, if we are approved
for Next Michigan status, board members will be appointed from each
jurisdiction. The Board will then develop a budget, with funding coming
from each entity.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached “Agreement”
and authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: The Work Session will review
information on the “Agreement” at their April 9 meeting.
INTERLOCAL AGREEMENT FOR THE WEST MICHIGAN ECONOMIC
              DEVELOPMENT PARTNERSHIP
       This INTERLOCAL AGREEMENT is entered into pursuant to Act No. 7 of the Public
Acts of Michigan of 1967 (hereinafter defined), including the powers and authorities granted
under the Acts set forth below between the signatory parties hereto (“Parties” or “Local
Government Unit”) for the purpose of creating the West Michigan Economic Development
Partnership (“Authority”) a separate legal entity and public body corporate, to administer the
economic development objectives and purposes set forth herein.

                                          RECITALS

        WHEREAS, the Parties have determined that the establishment of a Next Michigan
Development Corporation pursuant to Act No. 275 of the Public Acts of 2010 (“Act 275”) offers
significant regional economic development opportunities and benefits.

       WHEREAS, the Urban Cooperation Act of 1967, Act No. 7 of the Public Acts of
Michigan, 1967, Ex. Sess. (“Act 7”), permits a public agency to exercise jointly with any other
public agency any power, privilege or authority which such public agencies share in common
and which each might exercise separately.

        WHEREAS, the Parties desire to create a separate legal and administrative entity to
administer the provisions of this Agreement. The Authority is intended to serve this purpose and
to qualify as an eligible Act 7 entity under Act 275.

       WHEREAS, each Party has the power, privilege and authority to perform various
economic development activities and administrative functions supportive of economic
development activities and to enter into this Agreement.

       WHEREAS, each Party, by resolution of its governing body, has approved and is
authorized to execute and deliver this Agreement.

        IN WITNESS WHEREOF, the Parties covenant and agree as follows:

                                        ARTICLE I
                                       DEFINITIONS

        The following words and expressions, whenever initially capitalized, whether used in the
singular or plural, possessive or nonpossessive and/or either within or without quotation marks
shall be defined and interpreted as follows:

       Section 1.01 “Act 7” means the Urban Cooperation Act of 1967, Act No. 7 of the
Public Acts of Michigan, 1967 (Ex Sess), as amended.

       Section 1.02 “Act 275” means the Next Michigan Development Act, Act No. 275 of the
Public Acts of Michigan, 2010.

        Section 1.03 “Agreement” means this Interlocal Agreement, dated as of the Effective
Date.
                                               1
        Section 1.04 “Authority” means the separate legal entity and public body corporate
established and created pursuant to this Agreement, which will administer and implement the
economic development objectives and activities set forth herein. The Authority shall be deemed
an “eligible Act 7 entity” as that term is defined in Act 275 and shall have the powers granted
under Act 7 and Act 275.

        Section 1.05 “Authority Board” means the governing body of the Authority created by
Article VI of this Agreement.

       Section 1.06   “Days” means calendar days, unless otherwise expressly provided.

      Section 1.07 “Development Corporation”            or   “Next    Michigan     Development
Corporation” means that term as defined in Act 275.

      Section 1.08 “Effective Date” means the later of the dates on which a fully executed
copy of this Agreement, pursuant to Section 10 of Act 7, is filed with (i) the Michigan
Department of State, Office of the Great Seal, (ii) the Kent County Clerk, and (iii) the Muskegon
County Clerk.

       Section 1.09 "Eligible next Michigan business" means that term as defined in Section 3
of the Michigan Economic Growth Authority Act, Act No. 24 of the Public Acts of Michigan,
1995, as amended.

       Section 1.10 “"Eligible urban entity" means that term as defined in Act 275.

       Section 1.11 “Fiscal Year” means the fiscal year of the Authority, which shall begin on
July 1 of each year and end on June 30 of each year, or such other fiscal year as may be
determined from time to time by the Authority Board.

       Section 1.12 “FOIA” or “Freedom of Information Act” means the Freedom of
Information Act, Act No. 442 of the Public Acts of Michigan, 1976, as amended.

         Section 1.13 “Local Government Unit” shall mean any Party organized as a Michigan
city, village, township, charter township or county which is a signatory under this Agreement.

       Section 1.14 "Michigan strategic fund" means the Michigan strategic fund as described
in the Michigan Strategic Fund Act, Act No. 270 of the Public Acts of Michigan, 1984, as
amended.

      Section 1.15 “Next Michigan Development District” means that term as defined in Act
275 which area may also be referred to in this Agreement as “Development Area.”

        Section 1.16 “OMA” or “Open Meetings Act” means the Open Meetings Act, Act No.
267 of the Public Acts of Michigan, 1976, as amended.


                                               2
       Section 1.17 “Party” or “Parties” means, either individually or collectively, as
applicable, a Local Government Unit which is a signatory to this Agreement.

       Section 1.18 “Person” means any individual, authority, profit or non-profit corporation,
partnership, limited liability company, university, joint venture, trust, association, chamber of
commerce, travel and visitors center, or other legal entity.

       Section 1.19 “Public Agency” means that term as defined in Act 7.

       Section 1.20 “West Michigan Economic Development Partnership” shall be the name
of the Authority as approved for next Michigan development corporation status is approved by
the Michigan strategic fund in accordance with Act 275.

                                        ARTICLE II
                              CREATION OF THE AUTHORITY

        Section 2.01 Creation and Legal Status of the Authority. In accordance with Act 7, a
separate legal entity and public body corporate is hereby created to be known as the “West
Michigan Economic Development Partnership Authority” for the purpose of administering and
executing this Agreement (the “Authority”). The Authority shall have the powers provided for
in this Agreement. If approved by the Michigan strategic fund in accordance with Act 275, the
Authority shall thereafter be referred to as the West Michigan Economic Development
Partnership.

      Section 2.02 Participating Parties. The participating parties to this Agreement are
_________, _________, __________, __________, and __________.

        Section 2.03 Geographic Boundaries. The boundaries of the Authority, within which it
may exercise its powers, shall be limited to the boundaries of the Parties, as more particularly
described in Exhibit A attached and made a part hereof, it being understood that the boundaries
in this Exhibit may be amended from time to time to incorporate the boundaries of new Parties to
this Agreement.

        Section 2.04 Principal Office.   The principal office of the Authority is
___________________, Michigan 4____, or such other location as may be determined from time
to time by the Authority Board.

        Section 2.05 Compliance with Law. The Authority shall comply with all federal and
state laws, rules, and regulations.

        Section 2.06 Independent Contractor. At all times and for all purposes under this
Agreement, each Party will be solely responsible for the acts of its own employees, agents, and
servants. No Party will be responsible for the employees of the Authority or any other Party as a
result of entering into this Agreement.


                                               3
        Section 2.07 No Third Party Beneficiaries. Unless expressly provided herein, this
Agreement does not, and is not intended to, create, by implication or otherwise, any direct or
indirect obligation, duty, promise, benefit, right to be indemnified (i.e., contractually, legally,
equitably, or by implication) and/or any right to be subrogated to any Party’s rights in this
Agreement, and/or any other right of any kind, in favor of any Person.

                                          ARTICLE III
                                           PURPOSE

        Section 3.01 Purpose. The purpose of the Authority is to take advantage of the
provisions of State laws, now{ or hereafter} enacted, enabling the creation and administration of
a Next Michigan Development Corporation in accordance with Act 275 in order to enhance
economic development opportunities within a Next Michigan Development District generally,
and to attract facilities and employment within the District. It is not intended that employment
will be transferred as a result of the creation of the Authority or the exercise of the powers
authorized by this Agreement. The Authority may exercise powers granted by State laws in the
joint exercise of shared powers, privileges or authority of the Parties and perform successful,
effective and efficient economic development programs and functions throughout the geographic
boundaries of the Authority. Shared powers shall include coordinating complementary local
programs and functions of the Parties and focusing on businesses needing two or more modes of
transportation for their operation. In addition, efforts will be undertaken to secure the
development of national and international companies and to facilitate the streamlining of the
permitting process at the local governmental level. Subject to the approval of the parties hereto,
to the extent that State laws are enacted or amended subsequent to the Effective Date to provide
for additional powers which may be exercised by the Authority, as hereafter recognized by
statute, the Parties desire and intend that the Authority be empowered and authorized to exercise
such powers to the full extent permitted by law from and after such enactment or amendment,
without further amendment to this Agreement, subject only to the limitations set forth in this
Agreement.

                                   ARTICLE IV
                         GENERAL POWERS OF THE AUTHORITY

       Section 4.01 Powers Granted Under Act 7. In carrying out its purposes, the Authority
may perform, or perform with any Person, as applicable, any power, privilege, or action related
to economic development that the Parties share in common and that each might exercise
separately to the fullest extent permitted by Act 7 and as authorized by this Agreement.
Notwithstanding the foregoing, the powers granted to the Authority shall include the power to:

             (a)      Make or enter into contracts;

             (b)      Employ agencies or employees;

            (c)     Acquire, construct, manage, maintain, or operate buildings, works, or
      improvements;
                                                4
       (d)      Acquire, own, hold, operate, maintain, lease, or sell real or personal
property and dispose of, divide, or distribute any property;

        (e)      Incur debts, liabilities, or obligations that, unless expressly authorized by
the Parties, do not constitute the debts, liabilities, or obligations of any of the Parties;

       (f)    Cooperate with a Public Agency, an agency or instrumentality of the
Public Agency, or another legal or administrative entity created by the Public Agency
under Act 7;

       (g)      Make loans from the proceeds of gifts, grants, assistance funds, or
bequests in order to further its purposes;

       (h)      Form other entities necessary to further the purposes of the Agreement
which other entities shall have powers and limitations not exceeding that of the Authority;
and

       (i)      Sue and be sued;

       (j)      Charge fees to third parties as necessary to administer this Agreement;

        (k)      Promulgate necessary rules and provision for their enforcement by or with
the assistance of the Parties to accomplish the purposes of this Agreement;

        (l)      Apply for and accept gifts, grants, assistance funds, or bequests from
public or private foundations, agencies or other entities, and use the same for the purposes
of this Agreement. The Authority may apply for and accept grants, loans, or contributions
from any source. The Authority may do anything within its power to secure the grants,
loans, or other contributions;

       (m)       Make claims for federal or state aid payable to a Party on account of the
execution of this Agreement;

       (n)     Respond for any liabilities that might be incurred through performance of
the Agreement and insure against any such liability;

       (o)      Invest surplus funds or proceeds of grants, gifts, or bequests and adopt an
investment policy in connection therewith;

       (p)      Employ legal, financial and technical experts, other officers, agents, or
employees, and accept voluntary provision of such services and functions from donor
individuals and entities; and

       (q)     Study, develop, and prepare the reports or plans the Authority considers
necessary to further the purposes of this Agreement and to monitor and evaluate
performance under this Agreement.
                                       5
             (r)   Make application to the Michigan strategic fund for approval as a next
Michigan development corporation.

       Section 4.02 Powers Under Act 275. In addition to the powers enumerated under Act 7
referenced above, the Authority may, after approval of its status as a next Michigan development
corporation, exercise all powers vested through Act 275 including:

              (a)     Marketing the Authority.

             (b)    Seeking and attracting “eligible next Michigan businesses” to the
       Development Area including:

                     (1)    Businesses engaged in the shipment of tangible personal property
              via multimodal commerce;

                     (2)     Supply chain businesses providing a majority of their services to
              businesses engaged in the shipment of tangible personal property, including
              inventory, via multimodal commerce;

                     (3)    Manufacturing or assembly facilities receiving a majority of their
              production components via multimodal commerce;

                     (4)    Manufacturing or assembly facilities shipping a majority of their
              products via multimodal commerce; or

                    (5)     Light manufacturing or assembly facilities that package, label, or
              customize products and ships those products via multimodal commerce.

                      (6)    Manufacturers engaged in food processing and renewable energy.

              (c)     Exercising the powers granted by State law including:

                    (1)    The Renaissance Zone Act, Act No. 376 of the Public Acts of
              Michigan, 1996, as amended.

                     (2)   The Local Development Financing Act, Act No. 281 of the Public
              Acts of Michigan, 1986, as amended.

                    (3)     The Plant Rehabilitation and Industrial Development Districts Act,
              Act No. 198 of the Public Acts of Michigan, 1974, as amended.

                     (4)     Section 9f of the General Property Tax Act, Act No 206 of the
              Public Acts of Michigan, 1893, as amended.

              (d)     Perform any other activity authorized by Act 275.

                                                 6
               (e)    The Authority shall not exercise any power identified in Sections 4.01(m),
       4.02(c) or 4.02(d) within the boundaries of a Local Government Unit without the consent
       of that Local Government Unit.

        Section 4.03 Notes; Limitations. Any bond or note issued by the Authority shall be a
debt of the Authority.

        Section 4.04 Tax Limitation. The Authority is not authorized to levy any type of
property tax millage. Nothing contained in this Agreement, however, prevents one or more of
the Parties from levying taxes in their own right and assigning the revenue from such taxes to the
Authority to the extent permitted by law.

       Section 4.05 No Waiver of Governmental Immunity. The Parties agree that no
provision of the Agreement is intended, nor shall it be construed, as a waiver by any Party of any
governmental immunity provided by law. In accordance with Act 7, the Authority shall not be
operated for profit, and it shall be engaged in the performance of governmental functions.

                                   ARTICLE V
                 SPECIFIC POWERS OF THE AUTHORITY; LIMITATIONS

        Section 5.01 Master Development Plan. The Authority, in collaboration with and
subject to the approval of the Local Government Units, shall have the power to promulgate a
master development plan or similar plan as required by the specific act being used for that area
within the boundaries of the Development Area of the Authority.

        Section 5.02 Application Criteria and Review; Incentives; Approval. The Authority
shall have the power to prepare and process application materials; establish, seek and accept
applications from prospective developers and businesses; establish criteria for development,
except as such discretion is limited by this Agreement or law; consult with the State officials
having subject matter jurisdiction in respect of applications and approvals; monitor the
performance of applicants; and make recommendations regarding applications to State officials
or entities, a Local Government Unit, or any other Person having subject matter jurisdiction.

        Section 5.03 Infrastructure Planning and Development. The Authority may work with
state and local government officials in the planning and development of infrastructure within the
geographic territory of the Authority, including without limitation, coordinating efforts with
local commercial realtors.

       Section 5.04 Site Selection. The Authority may assist prospective developers and
businesses with the selection of development sites within the geographic territory of the
Authority.

       Section 5.05 Marketing; Business Attraction. The Authority may conduct marketing
and business attraction efforts on behalf of itself and the Development Area.


                                                7
        Section 5.06 Real Estate Development. The Authority may provide consultation to
assist any Person with respect to the development of real estate within the geographic territory of
the Authority.

        Section 5.07 Regulatory Assistance and Processing. The Authority may provide
assistance to prospective developers and businesses with respect to applying for and obtaining
any necessary or advisable licenses, permits or approvals from federal, State and local
government entities.

        Section 5.08 Local Government Assistance. The Authority may provide assistance to
Local Government Units with implementing and coordinating economic development programs
within the geographic territory of the Authority.

                                        ARTICLE VI
                                     AUTHORITY BOARD

       Section 6.01 Authority Board Composition. The Authority shall be governed by a
Board of Directors. Each Party shall appoint a member to the Authority Board, and members of
the Authority Board shall serve at the pleasure of the appointing Party for terms as established by
each Party as permitted by law.

              (a)      Each Party entitled to membership on the Authority Board shall have the
      ability to appoint one (1) alternate member to serve in a permanent member’s place if the
      permanent member is absent from an Authority Board meeting. Appointment of the
      alternate shall be made by the appointing authority in writing with a copy to the Authority.

              (b)     A vacancy on the Authority Board shall be filled in the same manner as
      the original appointment for the balance of the unexpired term.

              (c)      All Authority Board members may be removed by the appointing
      authority at will.

        Section 6.02 Regular Meetings. The Authority Board shall meet at least annually
within the Authority’s boundaries at the place, date, and time as the Authority Board shall
determine. Notwithstanding the foregoing, the Authority Board may meet with such frequency
as it deems advisable and it shall annually adopt a schedule of meetings. All meetings shall
comply with the Open Meetings Act.

        Section 6.03 Special Meetings. Special meetings may be called upon the request of
three or more members of the Authority Board or upon the call of the Chairperson.

        Section 6.04 Quorum and Voting. A majority of the Authority Board holding office
shall constitute a quorum. Unless provided elsewhere in this Agreement or in by-laws adopted
by the Authority Board, a majority vote of those present and voting shall be required to take
action or otherwise for the transaction of business.

                                                8
        Section 6.05 Authority Board Powers and Responsibilities. The Authority Board shall
do all of the following by a majority vote of those present and voting unless otherwise provided:

                (a)    Upon the recommendation of the Authority Board, adopt by-laws and
       rules of procedure governing the Authority Board and their respective actions and
       meetings. Initial by-laws and rules of procedure shall be adopted within six months of
       the first meeting of the Authority Board.

              (b)    Elect individuals to fill the positions of Chairperson, Vice Chairperson,
       Secretary and Treasurer.

              (c)   Cause to be conducted an annual independent audit of the Authority in
       accordance with State law and distribute copies of the same to all Parties to this
       Agreement.

              (d)     Approve the annual budget in accordance with State law and subject to
       appropriations from the Parties.

             (e)   Evaluate the Authority’s performance under this Agreement and law and
       recommend changes.

               (f)    Create committees and appoint individuals to serve thereon.

      Section 6.06 Compensation. Members of the Authority Board shall receive no
compensation for the performance of their duties, but each member shall be reimbursed for such
member’s actual, reasonable expenses in carrying out those duties.

        Section 6.07 Conflicts of Interest. The Authority Board shall adopt policies and
procedures requiring the periodic disclosure of relationships (not less than annually) which may
give rise to conflicts of interest. The policies and procedures shall require that a member of the
Authority Board or the officer who has a direct or indirect interest in any matter before the
Authority disclose the member’s interest and any reasons reasonably known to the officer or
member of the Authority Board why the transaction may not be in the best interest of the public
before the Authority Board takes any action with respect to the matter. The disclosure shall
become part of the record of the Authority’s proceedings. Subject to relevant provisions of State
law, the policies and procedures also shall have the objective of precluding the opportunity for
and the occurrence of transactions by the Authority that would create a conflict of interest
involving members of the Authority Board, officers and employees of the Authority. At a
minimum, these policies shall include compliance by each member of the Authority Board,
Officers, and employees of the Authority who regularly exercise significant discretion over the
award and management of Authority projects with policies governing the following:

               (a)     Immediate disclosure of the existence and nature of any financial interest
       of an individual or immediate family member that would reasonably be expected to
       create a conflict of interest.

                                                9
              (b)    Withdrawal by an employee or member from participation in or discussion
       or evaluation of any recommendation or decision involving an Authority project that
       would reasonably be expected to create a conflict of interest for that employee or
       member.

                                         ARTICLE VII
                                          OFFICERS

        Section 7.01 Election. The Authority Board, at its first meeting of a calendar year, shall
elect a Chairperson, Vice-Chairperson, a Secretary and a Treasurer who shall hold their offices
for one year or until their successors are duly elected. These officers shall exercise such powers
and perform such duties as determined from time to time by the Authority Board.

       Section 7.02 Vacancies. Vacancies in office shall be filled by appointments made by
the Authority Board for the balance of the unexpired term.

       Section 7.03 Compensation.         Officers shall receive no compensation for the
performance of their duties, but each officer shall be reimbursed for such officer’s actual,
reasonable expenses in carrying out those duties.

                                  ARTICLE VIII
                       DURATION OF, WITHDRAWAL FROM, AND
                      TERMINATION OF INTERLOCAL AGREEMENT

       Section 8.01 Duration. The Authority shall commence on the Effective Date and
continue for a term of five years unless earlier terminated in accordance with this Article VIII.

        Section 8.02 Withdrawal by a Party. Any Party may withdraw from the Agreement at
any time upon giving six (6) months advance written notice to the Authority and the Authority
thereafter shall ,upon receipt of notice, initiate no project or activity within the geographic
boundaries of the withdrawing Party; provided that if the Authority has incurred debts or
obligations which also are debts or obligations of a Party on account of having been expressly
authorized by the Party in accordance with Sec. 7(2) of Act 7, the Party shall remain obligated
for any such payment following its withdrawal from the Agreement, less any credit granted for
assets consistent with Section 9.02; and provided further that the withdrawal of a Party shall not
invalidate nor terminate prior to its stated termination date any Master Development Plan or Tax
Increment Financing Plan or the collection of Tax Increment Revenues, or any other economic
development incentive previously established or granted prior to the withdrawal of the Party, and
the withdrawing Party shall be deemed to remain a Party if necessary for the limited purpose of
preserving any of the foregoing incentives; and provided further that in the event of a withdrawal
by a Party, the Authority shall not extend the effective term of any of the foregoing incentives
beyond its stated termination date. In the event that a withdrawing party is a county, the
Authority shall have not authority to subsequently exercise its powers within the geographic
boundaries of said withdrawing county.

                                               10
       Section 8.03 Termination. This Agreement may continue until terminated by the first
to occur of the following:

            (a)     The Authority fails to meet those legal qualifications required for next
      Michigan development corporation status;

             (b)     A vote to terminate by three-fourths (3/4) of the voting members of the
      Authority Board then serving in office; or

             (c)       Expiration of the stated term of the Agreement.

       Section 8.04 Disposition upon Termination. As soon as possible after termination of
this Agreement, the Authority shall wind up its affairs consistent with the following:

               (a)      All of the Authority’s debts, liabilities, and obligations to its creditors and
      all expenses incurred in connection with the termination of the Authority and distribution
      of its assets shall be paid first; and

              (b)      The remaining assets, if any, shall be distributed among the remaining
      Parties in accordance with Act 7 or other relevant law, and otherwise in proportion to their
      contributions to the Authority.

                                          ARTICLE IX
                                        CONTRIBUTIONS

       Section 9.01 Fees. The activities of the Authority may be funded by a variety of
sources including, without limitation, payments from each Local Government Unit as established
by the Authority and the Local Governmental Units. Notwithstanding the foregoing, all fees,
charges, or contributions of any kind or description that are intended by the Authority to be paid
by a Local Government Unit are subject to appropriation by said Local Government Unit.

        Section 9.02 Personal Property, Assets, Services, Employees. With the approval of the
Authority, any Party may make contributions of personal property, assets, services or employees
deemed necessary to the creation or operational support of the Authority. The reasonable value
of such contributions shall be credited against the Party’s applicable fees as established pursuant
to Section 9.01. The reasonable value of personal property or assets shall be determined by the
Authority Board, in its sole discretion.

       Section 9.03 Acts and Omissions. The Authority shall only be liable for its own acts or
omissions which occur after the Effective Date and none of the Parties shall be liable for any acts
or omissions of the Authority.

       Section 9.04 Execution of Documents. The Authority and each Party shall cooperate in
order to execute and deliver to the Authority any and all documents including bills of sale,
assignments, and certificates necessary or appropriate to effectuate each Party’s contribution to
the Authority.
                                               11
                                     ARTICLE X
                             ADMISSION OF OTHER PARTIES

       Section 10.01 Procedure. Following the Effective Date, a Public Agency may become a
Party by submitting a written request to the Chairperson or Authority Board and pursuant to
guidelines established by the Authority Board, payment of any applicable fee and in accordance
with law. The Authority Board shall submit the request to the Local Government Units to this
Agreement, which shall approve or deny the request. Upon approval of the admission, and
without amendment to this Agreement being required, the newly-admitted Party shall appoint a
member to the Authority Board and the number of members serving on the Authority Board shall
be increased accordingly. Approval of this Agreement shall be by resolution of the entity
seeking to become a Party.

       Section 10.02 Effective Date. The effective date of admission of a Party is the date on
which a fully executed copy of this Agreement which contains the name and signatory of the
newly admitted Party is filed with Michigan Department of State, Office of the Great Seal, and
filed with the County Clerk of each county which is a Party to this Agreement pursuant to
Section 10 of Act 7.

        Section 10.03 Not an Amendment to Agreement. The admission of additional Parties
after the initial Effective Date of this Agreement shall not constitute an amendment to or
alternative form of this Agreement nor change the Effective Date. Any amendment to or
alternative form of this Agreement may be made only in accordance with Section 13.10.

                                      ARTICLE XI
                                   BOOKS AND REPORTS

       Section 11.01 Accrual Basis. The Authority shall maintain its books of account on an
accrual basis of accounting, except as otherwise required by law.

        Section 11.02 Authority Records. The Authority shall keep and maintain at its principal
office all documents and records of the Authority. The records of the Authority shall include a
copy of this Agreement along with a listing of the names and addresses of the Parties. Such
records and documents shall be maintained until termination of this Agreement. All Authority
documents shall be open to review by any Party to this Agreement at the Authority’s office
during regular business hours.

       Section 11.03 Financial Statements and Reports. The Authority shall cause to be
prepared at least annually, at Authority expense, audited financial statements prepared in
accordance with State law and with generally accepted accounting principles and accompanied
by a written opinion of an independent certified public accountant. A copy of the annual
financial statement and report shall be filed with the State Department of Treasury within six
months after the end of the Authority’s Fiscal Year in accordance with law, and copies filed with
each Party.

                                               12
       Section 11.04 Freedom of Information Act. The Authority is subject to and shall comply
with the Freedom of Information Act; provided, however, that any particular legal protections
afforded to confidential public records as set forth in Section 7 of Act 275 shall be honored by
the Authority.

                                          ARTICLE XII
                                           FINANCES

        Section 12.01 Annual Budget. The Authority’s budget shall be subject to and comply
with State law. The Treasurer annually shall prepare and the Authority Board, by a majority vote
of all Parties, appointed (not just those present) shall approve a budget for the Authority for each
Fiscal Year. Each budget shall be approved not less than 15 days prior to the beginning of the
Fiscal Year.

        Section 12.02 Deposits and Investments. The Authority shall deposit and invest funds of
the Authority, not otherwise employed in carrying out the purposes of the Authority, in
accordance with an investment policy established by the Authority Board and consistent with
State law regarding the investment of public funds.

       Section 12.03 Disbursements. Disbursements of funds shall be in accordance with
guidelines established by the Authority Board.

                                        ARTICLE XIII
                                       MISCELLANEOUS

        Section 13.01 Notices. Notice of all meetings of the Authority Board shall be given in
the manner required by the Michigan Open Meetings Act. In addition, at least three days prior to
the date set for the holding of any meeting of the Authority Board, written notice of the time and
place of such meeting shall be sent by email or other electronic means to each Authority Board
member, as the case may be, at the email or other appropriate address of such member appearing
on the records of the Authority. Notwithstanding the foregoing, meetings may be held with 18
hours’ notice if all members of the Authority Board waive the three-day notice requirement.
Every notice by email or other electronic means shall be deemed duly served as of 5:00 p.m.,
prevailing Eastern Time, next following the actual time when the notice is transmitted, as
recorded by the Authority’s communication system. The Chairperson or his or her designee
may, but shall not be required to, cause additional written notice to be provided to a member or
members by mailing such notice via regular U.S. mail not less than seven days prior to the date
set for the holding of the meeting to the address of such member or members appearing on the
records of the Authority. Mailed notice shall be deemed duly served on the second business day
following the day when the same has been deposited in the United States mail with postage fully
prepaid and addressed to the sender as provided above.

      Any and all correspondence or notices required, permitted or provided for under this
Agreement to be delivered to any Party shall be sent to that Party by email or other electronic
means at the email or other appropriate address of such Party appearing on the records of the
                                                13
Authority, with a written copy by first class mail. All such written notices including any notice
of withdrawal as provided herein shall to be sent to each other Party’s signatory to this
Agreement, or that signatory’s successor at the address as set forth above such Party’s signature,
or to such other address provided by the Party to the Authority from time to time.

        Section 13.02 Entire Agreement. This Agreement sets forth the entire agreement
between the Parties and supersedes any and all prior agreements or understandings between them
in any way related to the subject matter hereof. It is further understood and agreed that the terms
and conditions herein are contractual and are not a mere recital and that there are no other
agreements, understandings, contracts, or representations between the Parties in any way related
to the subject matter hereof, except as expressly stated herein.

        Section 13.03 No Presumption. This Agreement shall be construed without regard to
any presumption or other rule requiring construction against the Party causing this Agreement to
be drafted.

        Section 13.04 Severability of Provisions. If any provision of this Agreement, or its
application to any Person or circumstance, is invalid or unenforceable, the remainder of this
Agreement and the application of that provision to other Persons or circumstances is not affected
but will be enforced to the extent permitted by law.

        Section 13.05 Governing Law. This Agreement is made and entered into in the State of
Michigan and shall in all respects be interpreted, enforced and governed under the laws of the
State of Michigan without regard to the doctrine of conflict of laws. The language of all parts of
this Agreement shall in all cases be construed as a whole according to its fair meaning, and not
construed strictly for or against any Party.

        Section 13.06 Captions. The captions, headings, and titles in this Agreement are
intended for the convenience of the reader and not intended to have any substantive meaning and
are not to be interpreted as part of this Agreement. They are solely for convenience of reference
and do not affect this Agreement’s interpretation.

       Section 13.07 Terminology. All terms and words used in this Agreement, regardless of
the number or gender in which they are used, are deemed to include any other number and any
other gender as the context may require.

       Section 13.08 Cross-References. References in this Agreement to any Article include all
Sections, subsections, and paragraphs in the Article; references in this Agreement to any Section
include all subsections and paragraphs in the Section.

       Section 13.09 Jurisdiction and Venue. In the event of any disputes between the Parties
over the meaning, interpretation or implementation of the terms, covenants or conditions of this
Agreement, the matter under dispute, unless resolved between the parties, shall be submitted to
binding arbitration consistent with the procedures then in effect and promulgated by the
American Arbitration Association.
                                                14
        Section 13.10 Amendment. The Agreement may be amended or an alternative form of
the Agreement adopted only upon written agreement of all Parties. In the event that an
amendment to this Agreement or alternative form of Agreement is approved by less than all
Parties, any Party which has not approved of the amendment or alternative form of Agreement
may withdraw from the Authority.

        IN WITNESS WHEREOF, this Agreement is executed by each Party on the date
hereafter set forth.

                                         CITY OF

DATE: ______________________             By:   ____________________________
                                          Its:  ___________________________

                                         By:   ____________________________
                                          Its: ____________________________


                                         CITY OF __________

DATE: ______________________             By:   ____________________________
                                          Its:  ___________________________

                                         By:   ____________________________
                                          Its: ____________________________


                                         COUNTY OF ______________

DATE: ______________________             By:   ____________________________
                                          Its:  ___________________________

                                         By:   ____________________________
                                          Its: ____________________________


                                         COUNTY OF ______________

DATE: ______________________             By:   ____________________________
                                          Its:  ___________________________

                                         By:   ____________________________
                                          Its: ____________________________

                                            15
                 EXHIBIT A

            DISTRICT DESCRIPTION




574016.11




                     16
                                AGENDA ITEM NO. __________

                    CITY COMMISSION MEETING ________________


TO:            Honorable Mayor and City Commission
FROM:          Department of Public Works
DATE:          April 10, 2012
SUBJECT:       Aggregates, Highway Maintenance Materials and Concrete

SUMMARY OF REQUEST:

Award bid to supply H1 and H2 limestone chip blend to Verplank Trucking Company

Award bid to supply road slag to Verplank Trucking Company

Award bid to supply Sylvax patching material to Asphalt Paving

Award bid for crack sealant to Sherwin Industries, Inc.

Award bid to supply bituminous asphalt product to Asphalt Paving, Inc.

Award bid to supply screened top soil to Accurate Excavators

Award bid to supply 2NS sand to Jackson-Merkey Contractors, Inc.

Award bid to supply 7-sack mix concrete to Port City Redi-Mix

Award supply of Calcium Chloride 38% (road brine) and 32% (winter salting) to Great Lakes
Chloride


FINANCIAL IMPACT:

$414,993.50 based on quantities requested in bid at 2012 quotes.

BUDGET ACTION REQUIRED:

None; funds appropriated in several budgets.

STAFF RECOMMENDATION:

Recommend approval of bids as outlined in Summary of Request.
To:               The City Commission Through The City Manager
From:             Mohammed Al-Shatel Director of Public Works
Date:             April10, 2012
Subject:          2012 Aggregates, Highway Maintenance Materials, and Concrete

Purchases will be made from recommended bidder, contingent upon product availability, timely
deliveries, and prices as quoted.


500 ton H1 & H2 Limestone Chip Blend ($17.00 in 2011; $8625.00)

Verplank Trucking Co.               PO Box 8, Ferrysburg, MI 49409                 $17.25 per ton, delivered
Yellow Rose Transport               3531 Busch Dr., Grandville, MI 49418           $18.25 per ton, delivered


9,000 ton Road Slag 22-A Natural ($12.00 in 2011; $110,250.00)

Verplank Trucking Co.               PO Box 8, Ferrysburg, MI 49409                 $12.25 per ton, delivered
Yellow Rose Transport               3531 Busch Dr., Grandville, MI 49418           $12.74 per ton, delivered


500 tons Sylvax Patching Materials – UPM-CP-7, or ASTM Specification C-136 #9 or Statite CP-6,
or similar product ($103.00 in 2011; $55,000.00)

Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190             $110.00 per ton, picked up

50,000 pounds Crack Sealant (block form) ($0.49 in 2011; $25,500.00)

Sherwin Industries, Inc.                                                           $0.51 per pound, delivered
                                     2129 West Auburn Ave, Milwaukee, WI 53221
NHMS (before 4/30/12)               P.O. Box 5315, Akron, OH 44334                 $0.52 per pound, delivered
NHMS (after 5/1/12)                 P.O. Box 5315, Akron, OH 44334                 $0.56 per pound, delivered

200 ton Bituminous Asphalt 4:12, Base ($61.00 in 2011; $12,600.00)

Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190             $63.00 per ton, picked up


1,000 ton Bituminous Asphalt 4:12, Top ($62.00 in 2011; $64,000.00)

Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190             $64.00 per ton, picked up

500 yards Screened Top Soil ($9.00 in 2011; $3,500.00)

Accurate Excavators                                                        $7.00 per cubic yard, delivered
                                    2821 Central Rd, Muskegon, MI 49445
                                                                           (from 2053 S. Sheridan*)
Yellow Rose Transport                                                      $9.00 per ton, delivered
                                    3531 Busch Dr., Grandville, MI 49418
Verplank Trucking Co.                                                      $9.50 per cubic yard, delivered
                                    PO Box 8, Ferrysburg, MI 49409
Jackson-Merkey                                                             $9.45 per cubic yard, delivered
                                    555 W. Western, Muskegon, MI 49442
Accurate Excavators                                                        $13.75 per cubic yard, delivered
                                    2821 Central Rd, Muskegon, MI 49445
                                                                           (from 4470 Whitehall Rd)
*Note: Based upon availability of supply at this location.
2012 Aggregates, Highway Maintenance Materials, and Concrete
April 10, 2012
Page 2


500 ton 2NS Sand ($5.50 in 2011; $2,875.00)

Jackson-Merkey                                                                    $5.75 per ton, delivered
                                      555 W. Western, Muskegon, MI 49442
Yellow Rose Transport                 3531 Busch Dr., Grandville, MI 49418        $7.50 per ton, delivered
Verplank Trucking Co.                 PO Box 8, Ferrysburg, MI 49409              $8.35 per ton, delivered


Concrete mix as needed (*7 Sack Mix $79.00 in 2011, $86,543.50)

Port City Redi-Mix                                           $80.00 per cubic yard, 7 Sack Mix, delivered
1780 Sheridan Road, Muskegon, MI 49442

Consumers Concrete                                           $78.00 per cubic yard, 7 Sack Mix, delivered
4400 E. Evanston Avenue, Muskegon MI 49442                   $12.50 fuel service charge per load

*The 7-sack mix is the most commonly used product. It should be noted that concrete purchases may
include several miscellaneous charges, including, but not limited to, hot water, chloride, small loads,
second drops, winter price, and extra unload time.


85,000 gallons Calcium Chloride 38% (road brine) ($0.47 in 2011; $39,950.00)

Great Lakes Chloride                  6001 Marsh Road, Shelbyville, MI 49344      $0.47 per gallon, spread


15,000 gallons Calcium Chloride 32% (winter salting) ($0.37 in 2011; $6,150.00)

Great Lakes Chloride                  6001 Marsh Road, Shelbyville, MI 49344      $0.41 per gallon, storage

LAA (L/Docs/Bids/2012 Agg…Comm Ltr)
         Commission Meeting Date: April 10, 2012

Date:     April 2, 2012
To:       Honorable Mayor and City Commission
From:     Community and Neighborhood Services Department
RE:       Public Hearing for 2012 – 2013 Action Plan


SUMMARY OF REQUEST: To conduct a public hearing of the 2012 –
2013 Action Plan for public comments.
FINANCIAL IMPACT: Action Plan establishes the 2012-2013 Community
Development Block Grant and HOME budgets.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To receive comments about the proposed
2012 – 2013 Action Plan at the public Commission meeting.
                  Second Program Year
                  Action Plan
The CPMP Second Annual Action Plan includes the SF 424 and Narrative Responses to
Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to
each year in order to be compliant with the Consolidated Planning Regulations. The
Executive Summary narratives are optional.



                 Narrative Responses
GENERAL

Executive Summary

The Executive Summary is required. Include the objectives and outcomes identified
in the plan and an evaluation of past performance.

Program Year 2 Action Plan Executive Summary:

The City of Muskegon’s objectives are to meet the needs of our community as they
relate to housing, opportunity to development and create a suitable living
environment for all of our citizens without prejudice to race, religion, familial status
or gender.

These are the programs that target these objectives and outcomes:

                                  CDBG OBJECTIVES
   Item                                     Outcome
   Priority Housing Repair                  75
   Vinyl Siding                             8 – 10
   Facade                                   5
   Demolition/Board ups                     12 - 25

                                 HOME OBJECTIVES
   Item                                     Outcome
   New Construction/Transitional
                                            2 transitional/2 rehab
   Housing/Rehab
   Rental Rehab                             3

We saw a continued need for specialized services. In previous years, services were
people driven, but this year we want to introduce project driven assistance
programs.

We want to be deliberate with our limited funding. As our grant shrinks, our focus
must change and this is why we want to provide ‘special’ assistance to families within
the neighborhoods of our HOME funded projects. A portion of our priority housing



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repair program will be set aside for ‘specific’ neighborhoods where we are building
and/or rehabbing.

This pilot project will allow us to effect a small section of the population, increase
visibility of our programs, highlight a neighborhood and join the forces with present-
day organizers to become a good neighbor. We want to be neighborly in every sense
of the word and this project-specific assistance program will carry a greater weight of
results as we make our way around the City of Muskegon, one neighborhood at a
time.

It is by working together that we make our biggest impact. Collaboration is
expected to continue. Staff has established relationships with the Department of
Human Services (DHS) and the Muskegon Oceana Community Action Partnership
(MOCAP) for leverage funding. It works well for all of us.

Personal investment in their home will help give each homeowner accountability for
their home improvement, we hope. Over time, we will use these payments to offset
the costs of running the programs. Various opportunities to increase funding have
been examined but the best, less intrusive system, is to require the fee up front prior
to signing contracts; families whose income exceeds 50% AMI (Area Median Income)
up to 60% AMI, are required to pay the first $250 towards their home repairs. Our
housing repair program will make changes to its name as well.

Our emergency/urgent need program will be renamed ‘Priority Housing Repair.’
Often times, staff will assess the reported housing emergency and offer ways to
address the issue(s) in a timely and necessary manner. The priority services will
remain the same: furnaces, roof, deteriorated foundation, sewer, etc. These items
can pose a threat to health or safety of a homeowner. Those who meet the
qualifications will be served as long as funding holds out.

We provide core services. We can stretch our shrinking dollars through a varied fee
schedule. The process will affect the vinyl siding program. We serve families whose
household income is at or below 60% AMI. A standard fee scale will cover families
above 30% AMI.


General Questions

1. Describe the geographic areas of the jurisdiction (including areas of low income
   families and/or racial/minority concentration) in which assistance will be directed
   during the next year. Where appropriate, the jurisdiction should estimate the
   percentage of funds the jurisdiction plans to dedicate to target areas.

2. Describe the basis for allocating investments geographically within the
   jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year
   and the rationale for assigning the priorities.

3. Describe actions that will take place during the next year to address obstacles to
   meeting underserved needs.




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4. Identify the federal, state, and local resources expected to be made available to
   address the needs identified in the plan. Federal resources should include
   Section 8 funds made available to the jurisdiction, Low-Income Housing Tax
   Credits, and competitive McKinney-Vento Homeless Assistance Act funds
   expected to be available to address priority needs and specific objectives
   identified in the strategic plan.

Program Year 2 Action Plan General Questions response:

The geographic area has not changed; our intent is to assist eligible homeowners in
every segment of our City. Our concentration is specific to creating an environment
for families that is sustainable and affordable to decent, safe living. We will be
working in the Jackson Hill and Marsh Field neighborhoods as a project-specific
program, but our services will be offered throughout the City.

Our priorities are to address the needs of the neighborhood, based on the addresses
of our affordable housing program. Each neighbor will be allowed access to specific
housing repairs that help to sustain living environments per local housing codes and
property standards conveyed in our City codes. Utilizing CDBG funding, we can
assist homeowners who income qualify, who may not know about our City programs.

PUBLIC SERVICE

Priority Level 1 – Human Investment

       Objective: Human Investments, as it related to youth activities and/or
employment, is determined by the opportunities available to individuals between the
ages of 6 – 21. The City of Muskegon is concerned about our future citizenry.
Equipping youth with alternative experiences such as work, recreation, exploring
community involvement and education can only smooth the discord that occurs when
children are idle and not engaged. Our support for youth programs, coupled with
available work experiences, will foster the experiences necessary to effect change in
our neighborhoods.
       Goal: 20 youth empowered to job work. Seven youth were employed.

ECONOMIC DEVELOPMENT

        Objective: Employment Opportunities. Maintaining jobs in the City of
Muskegon has been a challenge; however, the focus to rebound from our drastic
losses is clear. Muskegon’s public service agencies, educational facilities, employers
and local leaders share the responsibility to garner businesses to expand in our
community. We will support programs that are foundationally sound to reach goal.
        Goal: Create 45 new jobs this first year. This is underway.

HOUSING

Priority Level 1 – Maintain Affordable Units
       Objective 1: Assist low to moderate-income residents with emergency
housing needs and weatherization interventions to keep homeowners in their homes.
Continue with City programs to ensure eligible families receive help through local
agencies funded by the City. Funds will serve families in essential and tangible ways
to deter homelessness, substandard living and unhealthy/unsafe conditions.




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       Goal 1: Emergency Repair – 50 households at 50%AMI or lower
       Goal 2: Vinyl Siding – 10 homes sided at 60% AMI or lower

       Goal 3: Senior Weatherization – 20 seniors were assisted at 80% AMI or
               lower. We surpassed this goal by 10.

        Objective 2: Increase housing opportunities through new development and
rehabilitated structures. Community Housing Development Organizations (CHDO’s)
are utilized annually to help families/individuals in substandard living environments
access clean, safe and affordable housing units through funds directly from this
participating jurisdiction. The City also collaborately invests in neighborhoods
through Infill housing: new construction or complete rehabilitation.

       Goal: Construct 1 new home and rehab 1 home for this first year
             605 Jackson – new construction; 2265 Lincoln – rehab; both are
             under way

Priority Level 2 – Neighborhoods
       Objective 1: Stabilization. As an entitlement recipient of NSP1, our plan
years coincide with our MSHDA Grant, which will stabilize 8 of our 15 neighborhoods
through demolition, new construction and rehabilitation, successfully identifying
properties abandoned and foreclosed. The City has completed 7 homes and sold 3 of
the 11 homes marketed for sale. We have demolished 15 blighted properties, in
neighborhoods threatening safety in otherwise quiet surroundings. We can offer
affordable housing units to families at or below 120% AMI.

       Goal: 1 new construction home and 2 rehabbed homes this first year
             1543 Hoyt – new construction; 1733 Manz and 1500 Leahy – rehab;
             new construction is completed, rehabs are under way.

Limited funds are our biggest obstacle to reaching the underserved. We plan and
provide services but our grant dollars are limited and once they are gone, we
scramble to meet the current needs. We continue to look for ways to stretch funds
and our best solution has been to partner with other agencies that can cover some of
the total costs. We have established relationships with Public Health - Muskegon
County, DHS and MOCAP to stretch our dollars that much more. Program policies
have changed to meet the challenges of meeting needs.

CDBG and HOME dollars are the bulk of our funding resources; however, NSP1
Program Income dollars can be counted on as additional leverage monies as we sell
our completed properties.

The anticipated CDBG/HOME funding for the 2012 – 2013 year is the following:

                          CDBG PROJECTS/ACTIVITIES
                            2012 – 2013 ACTIVITIES

REHABILITATION – HOUSING                          $310,000
     Priority Housing Repair
     Vinyl Siding
     Service Delivery




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BOND REPAYMENT                                    $157,870
     Fire Station

GENERAL ADMINISTRATION                            $150,000
     General Administration
     Affirmative Action

PUBLIC SERVICES                                   $ 78,000
     Recreation Programs
     Senior Transit
     CBO Grant Program

CODE ENFORCEMENT – HOUSING                        $ 90,000
     Code Inspections
     Residential Clearance

PUBLIC FACILITIES                                 $ 41,986
     Streets
     Commercial Façade Improvement

TOTAL                                             $827,856

                          HOME PROJECTS/ACTIVITIES
                            2012 – 2013 ACTIVITIES

HOME PROGRAMS                                     $121,338
     Rehab Infill/New Construction
     Rental Rehabilitation

CHDO’S                                            $100,000
     Transitional Housing

ADMINISTRATION                                    $ 24,593

TOTAL                                             $245,931

Managing the Process

1. Identify the lead agency, entity, and agencies responsible for administering
   programs covered by the consolidated plan.

2. Identify the significant aspects of the process by which the plan was developed,
   and the agencies, groups, organizations, and others who participated in the
   process.

3. Describe actions that will take place during the next year to enhance coordination
   between public and private housing, health, and social service agencies.

Program Year 2 Action Plan Managing the Process response:

1. The City of Muskegon will lead the process and carry the bulk of the responsibility
for the youth activities. Our Planning department has initiated bid proposals for
youth activities and have accepted a number of varied programs both in-school and


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after school. All of the selected agents have shown previous success, and with our
additional resources, young children will have activities during the school year; but
especially throughout the summer months.

This coming year a caveat to youth services is to establish or maintain life skills
enhancement that can be monitored throughout the program. This will cover
another aspect of creating a suitable living environment.

Approved grants include:

YMCA- Organized recreation/educational programs in 5 locations: Nelson School,
Seyferth, Smith-Ryerson, Reese, and Sheldon Parks (5 locations contingent on
receiving the $10,000 Seyferth Grant from the Community Foundation- if we do not
there will only be 4 locations included). The program will run Monday- Thursday from
9 a.m. to 3 p.m. and Friday from 9 a.m. to 12:30 p.m. Breakfast and lunch will be
provided, as well as field trips. June 18- August 10. Seven youth received stipends
last year.
Grant Amount- $47,100

GVSU/Growing Goods- This is a continuation of last year’s program. GVSU, in
conjunction with the Health Department, oversees an urban farming program for
Bunker Middle School students. Lifeskills, physical activity, social interaction and
learning are part of the curriculum. Funding will provide a stipend for the GVSU
intern who manages the program. February 14- July 27.
Grant Amount- $2,000

Bunker Middle School/Growing Goods- This is the same program as the
GVSU/Growing Goods. The grant funding is for the peer leadership component of
the program. High School youth will mentor the middle school youth. May 1-
August 15.
Grant Amount- $3,000

West Muskegon Little League- Equipment, wages (umpires), and scholarship
assistance for the baseball program. April 1- August 1.
Grant Amount- $2,500

First Wesleyan Church/Open Gym & 3-on-3 Basketball Tournament- Gym in
church is open twice a week for youth in the neighborhood. They will add
component of core values/life skills training to the sessions in 2013. January 2- April
30, 2013.
Grant Amount- $1,000

Embrace Muskegon/Bicycle Kitchen- Bicycles will be donated, repaired and given
to children who need them, along with protective gear and education. Rallies and
special events will be held. April 1- no end date.
Grant Amount- $1,000

EWP/Girls on the Run- Girls on the Run estimates 1,200 participants for the
downtown Muskegon 5K run. They will receive grant funding for supplies (running
shoes, etc) and wages (officials, training). March 11- May 19.
Grant Amount- $3,000




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Allen Ave. Christian Reformed Church/Kids Count- Two-week recreation camp,
Monday- Thursday for three hours in the afternoon. The camp will include field trips
(Heritage Landing, etc); for ages 7- 12 years. Emphasis on physical activity and
health (physical, spiritual, emotional and psychological). June 18-29.
Grant Amount- $750

Muskegon High School/Survivor on the Lakeshore Challenge- Similar to last
year’s program, this is a summer school program for first time high school students.
In addition to scholastic studies, the “Challenge” portion provides for day camp
activities at Camp Pendalouan. June 22- July 31.
Grant Amount- $3,000

Port City Youth Club/Football & Cheerleading- This program provides
instruction in football and cheerleading at Smith-Ryerson Park. Grant funds will be
used for expenses, including equipment, supplies, wages (referees, police), printing
(flyers, etc) and other (banquet, awards). August 1- November 1.
Grant Amount- $3,000

McLaughlin Neighborhood Association/CATCH Camp- The CATCH Camp offers
programming for youth in the afternoons at the McLaughlin Pocket Park Monday-
Thursday, after the McLaughlin Elementary School Summer School lets out. June
22- August 3.
Grant Amount- $3,000

Muskegon West Rec. Softball League/Girls Softball- Funding will support their
league with equipment, supplies, umpire fees, printing and scholarships. April- July.
Grant Amount- $2,500.

No More Sidelines/Bringing our Community Youth Together- Track and Field,
softball and soccer will be offered. In addition, they will incorporate an activity
center. Funding will go towards computer systems, game supplies, and
transportation costs. April- October.
Grant Amount- $3,000.

East Muskegon Little League/Player Expansion & Safety Project- This
organization is continuing to increase the number of children playing baseball in
Muskegon. Funds will assist with scholarships, printing, advertisements, and picnic
table delivery & pick up, trophies. March 1- June 30.
Grant Amount- $3,000.

Fruitport Lions/LOVE Community Garden Youth Program- Similar to last year,
the program will have three nights of camp a week, including arts, drumming, soccer
and hula-hooping. June 7- August 15.
Grant Amount- $600.

Muskegon Laker Soccer Club/Muskegon Youth Soccer- This request is actually
a combination of two agencies (they have been working for over a year to make this
happen). The Muskegon Laker Soccer Club will also manage the Muskegon Youth
Soccer. They will receive funds for league fees (scholarships), referee fees and
insurance. July 2012- June 2013.
Grant Amount- $3,000




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Additionally, with economic challenges forcing the unemployed, Love INC will also
serve these low-income individuals with emergency utility assistance to secure a
“standard living” environment with all major utility services intact.

The coordination between public and private agents for health, housing and social
services has strengthened over the past months because all of us have limited
resources, but together we can assist many more families who would have been
placed on a waiting list. However, through the efforts of the CNS staff, an unwritten
agreement has been established and the cooperation is phenomenal.

2. This year we met as a staff and considered our shrinking resources for both CDBG
and HOME. As a feedback process, our public notices, we will present our plan to our
Citizen’s District Council (CDC). Upon review and consent, notices will be placed at
the downtown post office, the public library, our City Clerk’s office and our Housing
Commission.

Based on the comments we receive, we will make the appropriate changes to our
Action Plan.

3. We have taken actions to reach out to our neighboring cities to increase
coordination of services for public and private housing services, in health agencies
and for social enhancement. Our commitment is that we will offer and include our
resources to work together and to make our services stronger.


Citizen Participation

1. Provide a summary of the citizen participation process.

2. Provide a summary of citizen comments or views on the plan.

3. Provide a summary of efforts made to broaden public participation in the
   development of the consolidated plan, including outreach to minorities and non-
   English speaking persons, as well as persons with disabilities.

4. Provide a written explanation of comments not accepted and the reasons why
   these comments were not accepted.
*Please note that Citizen Comments and Responses may be included as additional files within the CPMP
Tool.
Program Year 2 Action Plan Citizen Participation response:

1. A summary of our citizen participation process begins with a group of appointed
citizens (CDC) who sit on an advisory board to hear and speak on behalf of the
citizens of the City for the HUD funding invested in the community.

The Citizen’s District Council (CDC) meets monthly and they provide the City
Commission with their recommendations annually. In addition to the CDC board, the
City holds “public hearings” to accept citizen comments on proposed budgets and
program progress during the plan year.

Additionally, multiple public hearings have been scheduled to increase public
participation. Our City’s Mayor has attended neighborhood meetings to enlist the



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citizens of the City to unite to keep our neighborhoods safe. This has prompted our
office to be more neighborly. We will attend the neighborhood meetings of the
proposed housing unit for 2012 to establish that we are working with this to provide
affordable, decent and safe housing in their neighborhood.

As a result of this investment, a set aside amount of funding will be held for those
neighbors. In the next year, 1908 Superior will be rehabilitated and the once vacant
structure in the neighborhood will bring a new family to the area.

As a proactive measure to connect with non-English speaking residents, City staff
has communicated with a local church affiliated with the Spanish speaking
population. Future meetings will be scheduled to seek their input and share
opportunities to programs.

2. Waiting for comments.

3. We will reach the public by providing notices at our downtown Post Office branch.
Our older population may not utilize the local paper because it has decreased
subscriptions and fewer delivery dates; so how will they know what is going on if
they don’t have access to the social media avenues?

4. Not applicable.


Institutional Structure

1. Describe actions that will take place during the next year to develop institutional
   structure.

Program Year 2 Action Plan Institutional Structure response:

Keeping the funding allocation “in house” for this year will allow the City
departments to identify the programs that best serve the needs of the community
that over time have produced the best results overall. Secure in what we do best
and possessing concrete evidence for what helps the low-income population, the
City’s institutional structure addresses blight, economic development, infrastructure,
public service and suitable living environment including areas of greatest need
throughout our City.

Past years’ services are that we continue to take the calls for services that put our
citizens at risk of losing their biggest investment – their home.


Monitoring

1. Describe actions that will take place during the next year to monitor its housing
   and community development projects and ensure long-term compliance with
   program requirements and comprehensive planning requirements.

Program Year 2 Action Plan Monitoring response:




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Per the regulatory and statutory guidelines for HUD funded programs, the City of
Muskegon will comply and at least annually monitor and certify the recipients of
these program dollars. Whether housing or community development projects, City
staff will monitor the progress and validity of the programs used to serve our
citizens. All requirements aligned with monitoring the recipients have been a routine
process adopted as current policy and will be an effective method of sustaining viable
programs.

Quarterly, we record our accomplishments and successes. This keeps us current and
helps to promote our community’s progress in IDIS, which shows monitoring is
ongoing.


Lead-based Paint

1. Describe the actions that will take place during the next year to evaluate and
   reduce the number of housing units containing lead-based paint hazards in order
   to increase the inventory of lead-safe housing available to extremely low-income,
   low-income, and moderate-income families, and how the plan for the reduction of
   lead-based hazards is related to the extent of lead poisoning and hazards.

Program Year 2 Action Plan Lead-based Paint response:

Lead-based paint reduction in housing units located in the City limits is in
collaboration with Public Health – Muskegon County. We have set aside $60,000 for
the assistance of the critical abatement measure to safe housing for children.
Everything we do is for our vulnerable citizens – our children. We know that children
are important and housing has to be hazard free.

Our county program is underway. We are currently processing Rental Rehab
projects that require the testing components. Utilizing that progress will cover more
housing units.




HOUSING

Specific Housing Objectives
*Please also refer to the Housing Needs Table in the Needs.xls workbook.

1. Describe the priorities and specific objectives the jurisdiction hopes to achieve
   during the next year.

2. Describe how Federal, State, and local public and private sector resources that
   are reasonably expected to be available will be used to address identified needs
   for the period covered by this Action Plan.

Program Year 2 Action Plan Specific Objectives response:




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CDBG
Our pilot project-driven assistance program will set aside $25,000 to aid the
neighbors of our HOME projects. We want to introduce those families directly
bordering in the construction project (neighborhood to the City programs). Prior to
the start of a HOME project, we want to attend the neighborhood association
meeting, introduce ourselves and our contractor to communicate what is going to
happen and what we can do to assist the surrounding neighbors. We want to
become a part of the neighborhood and become neighborly.

HOME
New construction at 605 Jackson was delayed, but we will complete the Affordable
Housing Project during the 2012 – 2013 year. We anticipate a great deal of interest
because of its high traffic area to our local colleges.

The rehab at 1908 Superior is expected to begin July 1, 2012. It was retrieved fro
the State tax sale. Because it is a corner lot, our presence has been acknowledged
already.

HOME funds will be used primarily to achieve the affordable housing goals of the
Consolidated Plan and Action Plan. Where the use of NSP1 dollars were, HOME will
fill the gap to serve as leverage to complete projects: 1733 Manz and 1500 Leahy –
as NSP1 Program Income is produced.

NSP1
Two projects have been delayed considerably: 1189 Terrance and 1500 Leahy.
Because of their historic significance, we are slowly working through the process to
renovate or demolish. We want to complete them within the deadline of February
2013. Our PI from HOME funds and other program’s dollars may be used if needed,
if NSP dollars are scarce.


Recapture Provisions
The City elects to adopt the recapture of the homebuyer subsidy. The homebuyer
subsidy will be forgiven by the City at a rate of 1/180 per month throughout the
term of the affordability period. Upon sale of the property by the homeowner within
the affordability period, the homeowner will be required to repay a prorated portion
of the HOME funds used to subsidize the purchase of the home.

The property owner’s return on investment at the point of sale will include:

o   The amount of the homebuyer's down payment made from their own resources
o   The amount of mortgage principle repaid at the time of resale
o   The appreciated value of the property (Appraised value at resale less the
    appraised value of the property at the time of purchase by the homeowner).

The homeowner will receive the full amount of the fair return only if sufficient sale
proceeds remain after all outstanding debt (including repayable HOME subsidy
amounts) and closing costs are paid. Any proceeds remaining after payment of the
outstanding debt, closing costs, fair return, and any HOME subsidy repayment will be
shared 50/50 between the homeowner and the City. Any funds repaid to the City will
be returned to the HOME trust fund. Repayment of the HOME subsidy amount will
not be required is the resale does not provide sufficient net proceeds to satisfy other
outstanding debt, pay closing costs, and offer a fair return on investment to the


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property owner. Partial repayment may be required based on the amount of sales
proceeds received by the homeowner.

CHDO Resale Provision
The City will protect the HOME investments given to its local Community Housing
Development Organization (CHDO) agents by utilizing the Resale Provision described
in HOME Final Rule Regulation 92.254a(5)i, which requires that another income-
eligible family purchases the house at a fair return on investment.


Needs of Public Housing

1. Describe the manner in which the plan of the jurisdiction will help address the
   needs of public housing and activities it will undertake during the next year to
   encourage public housing residents to become more involved in management and
   participate in homeownership.

2. If the public housing agency is designated as "troubled" by HUD or otherwise is
   performing poorly, the jurisdiction shall describe the manner in which it will
   provide financial or other assistance in improving its operations to remove such
   designation during the next year.

Program Year 2 Action Plan Public Housing Strategy response:

1. We are providing the Muskegon Housing Commission with flyers about our homes
for sale that will help promote interest. MSHDA NSP1 Program Income dollars will
provide a second resource to create suitable housing units that are safe, decent and
affordable. At least annually an invitation will be presented to become a homeowner
at the Muskegon Housing Commission to introduce homeownership that all can
afford.

2. Not applicable.


Barriers to Affordable Housing

1. Describe the actions that will take place during the next year to remove barriers
   to affordable housing.

Program Year 2 Action Plan Barriers to Affordable Housing response:

It is anticipated that barriers to affordable housing are greatest in low-income
households when availability of eligible housing is not accessible. Language can be a
barrier as well. We want to give information across the board to all citizens. We
must provide information about our services to the Spanish speaking population.
Next year our focus will be geared to reaching these eligible families.


HOME/ American Dream Down payment Initiative (ADDI)

   1. Describe other forms of investment not described in § 92.205(b).




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   2. If the participating jurisdiction (PJ) will use HOME or ADDI funds for
      homebuyers, it must state the guidelines for resale or recapture, as required
      in § 92.254 of the HOME rule.

   3. If the PJ will use HOME funds to refinance existing debt secured by
      multifamily housing that is that is being rehabilitated with HOME funds, it
      must state its refinancing guidelines required under § 92.206(b). The
      guidelines shall describe the conditions under which the PJ will refinance
      existing debt. At a minimum these guidelines must:
      a. Demonstrate that rehabilitation is the primary eligible activity and ensure
          that this requirement is met by establishing a minimum level of
          rehabilitation per unit or a required ratio between rehabilitation and
          refinancing.
      b. Require a review of management practices to demonstrate that
          disinvestments in the property has not occurred; that the long-term needs
          of the project can be met; and that the feasibility of serving the targeted
          population over an extended affordability period can be demonstrated.
      c. State whether the new investment is being made to maintain current
          affordable units, create additional affordable units, or both.
      d. Specify the required period of affordability, whether it is the minimum 15
          years or longer.
      e. Specify whether the investment of HOME funds may be jurisdiction-wide
          or limited to a specific geographic area, such as a neighborhood identified
          in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a
          Federally designated Empowerment Zone or Enterprise Community.
      f. State that HOME funds cannot be used to refinance multifamily loans
          made or insured by any federal program, including CDBG.

   4. If the PJ is going to receive American Dream Down payment Initiative (ADDI)
      funds, please complete the following narratives:
      a. Describe the planned use of the ADDI funds.
      b. Describe the PJ's plan for conducting targeted outreach to residents and
          tenants of public housing and manufactured housing and to other families
          assisted by public housing agencies, for the purposes of ensuring that the
          ADDI funds are used to provide down payment assistance for such
          residents, tenants, and families.
      c. Describe the actions to be taken to ensure the suitability of families
          receiving ADDI funds to undertake and maintain homeownership, such as
          provision of housing counseling to homebuyers.

Program Year 2 Action Plan HOME/ADDI response:

Our HOME funding allocations are used to produce affordable, safe and decent
housing units in the City of Muskegon. Utilizing two visible Community Housing
Development Organizations, Muskegon County Habitat for Humanity and Community
enCompass, low-income families can access affordable housing units to meet their
deficient living situations. Through sub-recipient agreements, the City assists these
agencies with financial support and requires that they adhere to all the guidelines
established with HUD’s HOME funded projects.

Muskegon County Habitat for Humanity has built decent affordable energy-efficient
homes for purchase by families with incomes between 25 – 50% AMI who would not
otherwise be eligible for homeownership. Resale is the option of choice for


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Habitat because they have an income requirement of 50% AMI or lower to qualify;
we will allow them to place another income-eligible family in it.

Community enCompass has submitted a request to purchase and rehabilitate
properties for rent by low-income families referred by collaborating social service
agencies or for purchase by low to moderate-income families. Additionally they will
provide support for homeowners to do necessary rehab to their homes and provide
support for home buyers to rehab homes upon their purchase.

The City of Muskegon has two programs that have produced homebuyer
opportunities: Infill and Neighborhood Stabilization Program (NSP).

Infill gives us an opportunity to move into neighborhoods that are not typically
occupied by low-income families. We will provide subsidy, energy efficient products
and procedures to make a home affordable to families. At least one home has been
transferred.

NSP has given us the ability to stabilize neighborhoods through Michigan State
Housing Development Authority (MSHDA) by offering a MSHDA subsidy which is
forgiven after a period of time. Our obligation to complete 16 homes should be
realized this year. Selling all of the properties by 2013 is our ultimate goal.

Per our Consolidated Plan, the City of Muskegon has adopted a recapture policy for
our Infill Program homebuyers. The policy allows a recapture of prorated funds due
upon resale of the property. This does not require the “seller” of the property to
repay the debt of our subsidy investment if the net proceeds are too small.




HOMELESS

Specific Homeless Prevention Elements
*Please also refer to the Homeless Needs Table in the Needs.xls workbook.

1. Sources of Funds—Identify the private and public resources that the jurisdiction
   expects to receive during the next year to address homeless needs and to
   prevent homelessness. These include the McKinney-Vento Homeless Assistance
   Act programs, other special federal, state and local and private funds targeted to
   homeless individuals and families with children, especially the chronically
   homeless, the HUD formula programs, and any publicly-owned land or property.
   Please describe, briefly, the jurisdiction’s plan for the investment and use of
   funds directed toward homelessness.

2. Homelessness—In a narrative, describe how the action plan will address the
   specific objectives of the Strategic Plan and, ultimately, the priority needs
   identified. Please also identify potential obstacles to completing these action
   steps.

3. Chronic homelessness—The jurisdiction must describe the specific planned action
   steps it will take over the next year aimed at eliminating chronic homelessness
   by 2012. Again, please identify barriers to achieving this.



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4. Homelessness Prevention—The jurisdiction must describe its planned action steps
   over the next year to address the individual and families with children at
   imminent risk of becoming homeless.

5. Discharge Coordination Policy—Explain planned activities to implement a
   cohesive, community-wide Discharge Coordination Policy, and how, in the coming
   year, the community will move toward such a policy.

Program Year 2 Action Plan Special Needs response:

1. Our community received at least $35,000 to address homeless needs and to
prevent homelessness.

2. Our plan is not the first line of entry and the City of Muskegon does not receive
funding to prevent homelessness, but we are an active board member representing
the City of Muskegon.

3. Most of the barriers faced by the Continuum of Care is that funding for housing
assistance has dried up. West Michigan Therapy is proposing four new sheltered
housing beds for veterans.

4. The membership is dedicated to working with the Continuum of Care to move
forward from one agency to the next to avoid homelessness.

5. The Continuum of Care has continued to follow a discharge coordination policy to
make sure no one falls through the cracks. Safety nets are in place to help them
find a place to live. HMIS (Housing Management Information System) for tracking
individuals who are assisted by ‘like’ agencies. The reports show movement of
families in the system, number of services, but ultimately show population and needs
of this community.


Emergency Shelter Grants (ESG)

(States only) Describe the process for awarding grants to State recipients, and a
description of how the allocation will be made available to units of local government.

Program Year 2 Action Plan ESG response:

Not applicable.




COMMUNITY DEVELOPMENT

Community Development
*Please also refer to the Community Development Table in the Needs.xls workbook.




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1. Identify the jurisdiction's priority non-housing community development needs
   eligible for assistance by CDBG eligibility category specified in the Community
   Development Needs Table (formerly Table 2B), public facilities, public
   improvements, public services and economic development.

2. Identify specific long-term and short-term community development objectives
   (including economic development activities that create jobs), developed in
   accordance with the statutory goals described in section 24 CFR 91.1 and the
   primary objective of the CDBG program to provide decent housing and a suitable
   living environment and expand economic opportunities, principally for low- and
   moderate-income persons.
    *Note: Each specific objective developed to address a priority need, must be identified by number
    and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and
    annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other
    measurable terms as identified and defined by the jurisdiction.

Program Year 2 Action Plan Community Development response:

1. Planning is working diligently to secure agreements with companies that can
bring jobs.

2. Youth Recreation has employed interns to serve along side program leaders to
reach the youth of our community.


Antipoverty Strategy

1. Describe the actions that will take place during the next year to reduce the
   number of poverty level families.

Program Year 2 Action Plan Antipoverty Strategy response:

Our Planning Department is involved in progressive talks with potential businesses in
an effort to secure jobs in our area. We know that jobs will help curb poverty and no
standard action will affect the number of families in need of work, but the City of
Muskegon is directly reflected to this strategic effort.




NON-HOMELESS SPECIAL NEEDS HOUSING

Non-homeless Special Needs (91.220 (c) and (e))
*Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook.

1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for
   the period covered by the Action Plan.

2. Describe how Federal, State, and local public and private sector resources that
   are reasonably expected to be available will be used to address identified needs
   for the period covered by this Action Plan.

Program Year 2 Action Plan Specific Objectives response:



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We hope to collect data consistent with our annual Action Plans in Muskegon County
to identify special needs. At this time we are not able to describe or specify
objectives to achieve non-homeless needs.

We have maintained our core programs to address identified needs. Our goal is to
keep the level of investments and resources, commitment and care to the highest
level possible, but the likelihood that additional funds will be available is not
reasonable given our latest reduction in funding.



Housing Opportunities for People with AIDS
*Please also refer to the HOPWA Table in the Needs.xls workbook.

1. Provide a Brief description of the organization, the area of service, the name of
   the program contacts, and a broad overview of the range/ type of housing
   activities to be done during the next year.

2. Report on the actions taken during the year that addressed the special needs of
   persons who are not homeless but require supportive housing, and assistance for
   persons who are homeless.

3. Evaluate the progress in meeting its specific objective of providing affordable
   housing, including a comparison of actual outputs and outcomes to proposed
   goals and progress made on the other planned actions indicated in the strategic
   and action plans. The evaluation can address any related program adjustments
   or future plans.
4. Report on annual HOPWA output goals for the number of households assisted
   during the year in: (1) short-term rent, mortgage and utility payments to avoid
   homelessness; (2) rental assistance programs; and (3) in housing facilities, such
   as community residences and SRO dwellings, where funds are used to develop
   and/or operate these facilities. Include any assessment of client outcomes for
   achieving housing stability, reduced risks of homelessness and improved access
   to care.

5. Report on the use of committed leveraging from other public and private
   resources that helped to address needs identified in the plan.

6. Provide an analysis of the extent to which HOPWA funds were distributed among
   different categories of housing needs consistent with the geographic distribution
   plans identified in its approved Consolidated Plan.

7. Describe any barriers (including non-regulatory) encountered, actions in response
   to barriers, and recommendations for program improvement.

8. Please describe the expected trends facing the community in meeting the needs
   of persons living with HIV/AIDS and provide additional information regarding the
   administration of services to people with HIV/AIDS.

9. Please note any evaluations, studies or other assessments that will be conducted
   on the local HOPWA program during the next year.

Program Year 2 Action Plan HOPWA response:



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1. Mercy Health Partners is the result of a merger between Hackley and Mercy
Hospitals in Muskegon, Mi. McClees clinic is a medical and support services clinic for
persons with HIV located on the Hackley Campus. The clinic serves 13 counties
overall but provides HOPWA assistance primarily to Muskegon, Kent and Ottawa
counties, however all counties are eligible as long as there are no other HOPWA
providers with available funding. Program contacts are Erin Hopson and clinic
supervisor Judy Binns. The clinic utilizes HOPWA funding to provide TBRA, STRMU
and Permanent Housing Placement assistance to help patients obtain or maintain
housing with the goal of keeping patients in HIV care.

Program contact:

Erin Hopson, LLMSW, CCM
Client Services Coordinator/Grants Manager
McClees Clinic
Mercy Health Partners
Muskegon, Mi. 49442

2. During this grant year clinic staff and HOPWA recipients worked together to
successfully keep all qualified clients in their current housing or to move them into
safer or new housing. Recipients successfully worked towards meeting their housing
plan goals and objectives. No recipients were removed from the HOWPA program
prior to completion. Two recipients successfully moved from a HOPWA funded home
or apartment into subsidized housing.

3. The challenges involved in achieving the number of housing units identified in the
Action Plan were:
    x Increase in prospective HOPWA recipients that had no income or way to
       maintain housing after assistance ended.
    x Subsidized housing availability increased so many prospective HOWPA
       recipients were able to enter subsidized housing with the help of housing case
       management or information services and no direct assistance.
Although the availability of subsidized housing is a good thing, it did affect our ability
to meet our goals. The majority of housing funds were allocated for TBRA and all but
one were provided in Muskegon County.

4. The estimated number of households that would receive direct housing assistance
with TBRA, STRMU or Permanent Housing Placement was 25 and the actual number
of households assisted was 21. An additional 2 households received some form of
housing case management or information services but did not receive any direct
housing assistance. 100% of HOPWA recipients were able to maintain housing
stability and avoid homelessness. All HOPWA recipients are provided with housing
case management and a housing plan which facilitates their success by helping them
keep in touch with the case manager on a regular basis to evaluate their goals and
assess which community resources will be helpful. Additionally all HOWPA recipients
are provided with resources to access HIV care, although participation is not
mandatory, the importance of participating in care is stressed. We will continue
taking these steps to achieve the national outcome goal in the next operating year.

5. Mercy Health Partners holds a strong relationship with other housing and referral
resources in the service area. We maintain collaborative agreements with St. Mary’s
and District Health Department #10. Additionally we have working knowledge of




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other housing resources in the service area as well as their eligibility criteria. This
allows us to ensure our funding is payer of last resort.

6. HOPWA assistance was provided to 21 recipients in 2011. Of these, only 2 were
located outside of Muskegon County. Although our funding is available to all the
counties we serve, we only provide services outside Muskegon County if other
HOPWA services are not available at the time.

7. Fair market rent issues were encountered for those who were housed in 2010.
When FMR changed for 2011 many TBRA recipients were over FMR and staff either
had to obtain and exception or talk the landlords into lowering rent to meet FMR.
Only one recipient had to move into new housing due to FMR, however this person
also needed to move into a 1 bedroom to meet HOPWA guidelines.

Although we attempt to place in subsidized housing it is not always available and if it
is available it is not always safe housing. Subsidized housing in one housing complex
became open due to fast turn over. This is both good and bad. It does provide
housing that meets HUD standards to people with low income; however this
particular apartment complex is known for drug use, and is not particularly safe for
some populations. We would be reluctant to send young women to live in this
apartment complex.

An additional barrier to collecting correct data and providing correct information
about the needs of the community we serve is the unreliable data reporting system
we are mandated to use. It would be extremely beneficial and would save a great
deal of time if we no longer had to use HMIS. HMIS has proven to be unreliable and
time consuming. In addition to recording data in HMIS (which is required at this
time) we, and most other agencies, also record all HOPWA activities in CareWare,
the data program used by Ryan White, so that we can keep accurate records. All
data reporting is done using CareWare or by manually compiling data, the use of
HMIS is just a formality.

8. We expect the number of people in need of HOPWA assistance to increase relative
to the economic difficulties of the community. Additionally we have noticed an
increase in the number of people requesting assistance who have no source of
income. This creates a difficult situation where people with HIV are turned away
from the shelters due to their HIV status (a rule which is based on fear and
misinformation about perceived risk of transmission rather than on fact and actual
risk of transmission), yet they do not have resources to qualify for HOPWA
assistance. In this economy there is no guarantee that someone will find a job so if
they are awarded HOPWA assistance with no income, HOPWA may end up paying full
rent and utility expenses for a number of months.

9. We expect MDCH (Michigan Department of Community Health) to conduct a site
review in 2012.


Specific HOPWA Objectives

Describe how Federal, State, and local public and private sector resources that are
reasonably expected to be available will be used to address identified needs for the
period covered by the Action Plan.



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Program Year 2 Specific HOPWA Objectives response:

 The objectives for the HOPWA-funded clinic are consistent with the previous year
goals:

Tenant-based Rental Assistance (TBRA)                                   Goal 15
Short-term Rent, Mortgage and Utility Assistance (STRMUA)               Goal 10
Total Housing Subsidy Assistance                                        Goal 25

Plans for the coming year include support services to clients in the form of Care
Management/Client Advocacy/Access to Benefit Services.




Other Narrative
Include any Action Plan information that was not covered by a narrative in any other
section.




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                             AGENDA ITEM NO. ___________________

                   CITY COMMISSION MEETING ____________________



TO:          Honorable Mayor and City Commissioners

FROM:        Bryon L. Mazade, City Manager

DATE:        April 2, 2012

RE:          Revolving Loan Fund (RLF) Loan with Great Lakes Die Cast



SUMMARY OF REQUEST:
To approve a request to discount a Revolving Loan Fund loan with Great Lakes Die Cast. A
loan of $30,000 was made in 2009 and approximately $16,600 is the current balance. Closing
out the loan would allow the company to refinance some current debt and enable the City to
receive $10,000 as payment-in-full for the remaining City loan, rather than waiting to receive the
remaining payments over time.

FINANCIAL IMPACT:
Reduction of the remaining balance to $10,000.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To discount the loan to $10,000 as payment-in-full and authorize City staff to execute necessary
documents to close out the loan.




COMMITTEE RECOMMENDATION:
None.




pb\AGENDA\GRT LKS DIE CAST RVLVNG LOAN FND 040212
                                     AGENDA ITEM NO. ______________

                         CITY COMMISSION MEETING _____________________

TO:           Honorable Mayor and City Commissioners

FROM:         Bryon L. Mazade, City Manager

DATE:         April 10, 2012

RE:           Master Contract for the Muskegon County Wastewater System


SUMMARY OF REQUEST:
To make determinations relative to the Master Contract for the Muskegon County Wastewater System and the
billing overpayment issue.

On November 9, 2010, the City Commission took the following action on the proposed Master Contract for the
Muskegon County Wastewater System:

        NOW, THEREFORE, BE IT RESOLVED, that the Muskegon City Commission approves the proposed
        Master Contract for the Muskegon County Wastewater System contingent upon installation and use of the
        meters for billing purposes and resolution of the overpayment issue, in the City Manager’s opinion and
        after notice to the City Commission, and authorizes the Mayor and Clerk to sign the Master Contract for
        the Muskegon County Wastewater System after the City Manager informs the City Commission that the
        meters have been installed and being used for billing purposes and a resolution of the overpayment for
        wastewater service has been reached.

The installation of the meters has occurred and the meters are in use. However, in the opinion of the City
Manager, a resolution of the overpayment issue has not been achieved after more than a year of attempts.

FINANCIAL IMPACT:
The City believes it should be reimbursed approximately $802,308.62.

BUDGET ACTION REQUIRED:
None.

STAFF RECOMMENDATION:
Based on the foregoing, it is recommended that the Muskegon City Commission hereby determines the following:

            1.   Impasse has been reached in the overpayment for wastewater service issue.

            2. The City will not execute the Master Contract for the Muskegon County Wastewater System until
               the City receives appropriate reimbursement for overpayment for wastewater service.

            3. City staff is directed to explore alternate long-term wastewater system options for the City.

            4. City staff is directed to convey to Muskegon County the measures the City intends to take.

COMMITTEE RECOMMENDATION:
None.


BICE\AGENDA\AGENDA – MSTR CNTRCT WSTWTR SYSTM 041012

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