City Commission Packet 09-13-2011

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  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                 SEPTEMBER 13, 2011
 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. Audit Contract Extension. FINANCE
  C. Gaming License Request from Muskegon Lumber Jacks Charitable
     Foundation. CITY CLERK
  D. Gaming License Request from Tempting Tables. CITY CLERK
  E. Congress of Cities Voting Delegate. CITY CLERK
PUBLIC HEARINGS:
  A. Review 2010-2011 Consolidated Annual Performance Evaluation Report
     (CAPER). COMMUNITY & NEIGHBORHOOD SERVICES
  B. Request for an Industrial Facilities Exemption Certificate for Northern
     Machine    Tool.      PLANNING        &  ECONOMIC        DEVELOPMENT
     (REMOVED PER REQUEST OF APPLICANT)
  C. Request for an Obsolete Property Rehabilitation Exemption Certificate
     for J&J Bail Bonds.      PLANNING & ECONOMIC DEVELOPMENT
     (REMOVED PER REQUEST OF STAFF)
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
   NEW BUSINESS:
       A. Financial Policies Update. FINANCE
       B. Application for Special License (Liquor Control Commission). PUBLIC
          SAFETY
   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:                 Collective Bargaining and Attorney/Client Privileged
   Communication.
   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 Cummings, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or
TTY/TDD: dial 7-1-1 and request a representative to dial (231) 724-6705.
Date:     September 13, 2011
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Cummings, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST:             To approve minutes of the City
Commission Meeting that was held on Tuesday, August 23, 2011.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                      AUGUST 23, 2011
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                MINUTES

The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, August 23, 2011.
Mayor Warmington opened the meeting with a prayer from Pastor Tim Cross
from the Living Word Church of Muskegon after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Steve Wisneski, Chris Carter, Clara Shepherd, Lawrence Spataro,
and Sue Wierengo, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Cummings.
2011-58 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the August 8th Commission
Worksession Meeting and the August 9th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. WEMET Vehicle Cost. CITY MANAGER
SUMMARY OF REQUEST: To approve an increase in WEMET vehicle cost from
$6,190 to $7,500 annually, per vehicle. The City uses four vehicles.
FINANCIAL IMPACT: Increase of $5,240 annually.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
      C. Bond Authorizing Resolution. FINANCE
SUMMARY OF REQUEST: As previously discussed, the City is borrowing $2.0 million
from Fifth-Third Bank to serve as local matching funds for various current and


                                      1
future street projects for which the City has received grant funding.
Proper public notice of the bond issuance has been given and the bond
authorizing resolution is the last action required by the City Commission to
complete this transaction.
FINANCIAL IMPACT: The loan will be for ten years at an interest rate of 2.98%.
BUDGET ACTION REQUIRED: The projected interest payment for 2011-12 is
included in the FY 2012 budget.
STAFF RECOMMENDATION: Approval of the bond authorizing resolution.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the Consent Agenda as presented.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
             Nays: None
MOTION PASSES
2011-59 NEW BUSINESS:
       A. Revised LC Walker Management Agreement. FINANCE
SUMMARY OF REQUEST: The contract for management of the LC Walker Arena
was drafted in 2006 and subsequently assigned over to new management
companies on two separate occasions. However, the contract was not
significantly revised on either assignment. The new arena manager has
requested the management contract be revised to:
   •   Remove certain outdated provisions (e.g. club room financing)
   •   Remove requirement for the City to find replacement parking if the
       Western Avenue parking lot was ever to be used for a purpose other than
       parking
   •   Change some outdated terminology (e.g. “professional” hockey)
   •   Change item-dollar threshold for use of the arena maintenance fund from
       $5,000 to $3,000
   •   Change the contract date to coincide with the City’s fiscal year
   •   Set a new contract termination date of 9/1/16
Staff has reviewed the proposed contract changes and recommends approval
of the revised management contract.
FINANCIAL IMPACT: There is no change to the $235,000 annual management
fee included in the current contract. However, the contract sets this amount as
the annual fee for each year of the contract. The prior contract allowed the
City to unilaterally reduce the fee if it was deemed by the City that the fee

                                        2
was excessive in light of the arena’s financial performance. Staff concurs that
this provision is no longer needed.
Staff has also obtained an opinion from bond counsel to assure the contract
changes do not impair the tax-exempt status of the County’s Quality of Life
bonds issued, in part, to finance arena renovations.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the proposed amended LC Walker
management contract with Logger Hockey, LLC.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the proposed amended LC Walker management contract with Logger Hockey,
LLC.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and
           Carter
               Nays: None
               Absent: Wisneski (stepped out of room)
MOTION PASSES
       B. Pension Benefits for Public Safety Director. FINANCE
SUMMARY OF REQUEST: It has been traditional for the Public Safety Director (or,
in the past, Police Chief) to receive pension benefits comparable to those
received by Police Command Officers.
Currently, discrepancies exist in the pension multiplier and the normal retirement
age:
             Benefit              Police Command          Public Safety Director
Pension Multiplier                      3.00%                     2.75%
Normal Retirement Age/Service           55/10                     60/10
Early Retirement Age/Service            53/25                     53/25


FINANCIAL IMPACT: MERS charges a one-time cost of $7,030 to value and
administer this benefit. A valuation of the benefit change will be performed to
determine the actuarial cost of the change.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize the City Manager to execute documents
to increase the level of the Public Safety Director’s pension benefit to the same
level as the Police Command Officers effective for retirements after August 1,
2011, pending acceptable results of the actuarial valuation.


                                         3
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to authorize
the City Manager to execute documents to increase the level of the Public
Safety Director’s pension benefit to the same level as the Police Command
Officers effective for retirements after August 1, 2011, pending acceptable results
of the actuarial valuation.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
           and Gawron
            Nays: None
MOTION PASSES
      C. East Muskegon Little League and No More Sidelines – Request to Waive
         Equipment Rental Fees and Labor Charges for City Picnic Table Use.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: East Muskegon Little League is having their annual end
of summer party at Sheldon Park for No More Sidelines on August 24, 2011. No
More Sidelines is a non-profit organization providing children and young adults
with special needs, an opportunity to play sports year round and to participate
in community events and outings. They will be using approximately 15 City
picnic tables, which are already at the park now. They are requesting that the
City waive the $10 per table rental fee, as well as the labor charges for
transporting the tables back to DPW after the event.
FINANCIAL IMPACT: Equipment rental fees are $10 per table. City labor charges
are $60 per hour.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the requested waiver of fees.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
            Nays: None
MOTION PASSES
      D. Michigan Irish Music Festival – Request to Waive Equipment Rental
         Fees. PLANNING & ECONOMIC DEVELOPMENT
REMOVED PER REQUEST OF APPLICANT.
      E. Church Without Shoes Event at Margaret Drake Elliott Park – Request to
         Waive the Special Event Application Fee and the Picnic Shelter
         Reservation Fee. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST:          Bob Kuhn, applicant for the Church Without Shoes

                                        4
event being held September 4, 2011, is requesting that the City waive the picnic
shelter reservation fee and the special event application fee for this event.
Church Without Shoes has been held for years, but is normally tied in with the
Breakwater Festival (formerly Shoreline Spectacular). That organization notified
us recently that they are not having their festival this year and they have
withdrawn their special event request. Because Church Without Shoes is a
public event on City property, a special event application is required per City
policy. No City services are required for the event.
FINANCIAL IMPACT:     $125 picnic shelter reservation cost; $50 special event
application fee.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
Church Without Shoes event at Margaret Drake Elliott Park and their request to
waive the special event application fee and the picnic shelter reservation fee.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
      F. Request to Fly Breast Cancer Ribbon Flags. CITY CLERK
SUMMARY OF REQUEST: Tempting Tables is requesting permission to fly breast
cancer ribbon flags the week of October 16th at the following locations:
     Hackley Park
     City Hall
     Shoreline Drive
     Central Fire Station
     Hartshorn Marina
     Root Park
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Motion by Commissioner Shepherd, second by Commissioner Carter to approve
the request to fly the breast cancer ribbon flags at the six locations.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None



                                       5
MOTION PASSES
      G. Designation of Voting Delegates for the Michigan Municipal League
         Annual Business Meeting. CITY CLERK
SUMMARY OF REQUEST: To designate by action of the Commission, one of our
officials who will be in attendance at the Convention as an official
representative to cast the vote of the municipality at the annual meeting; and, if
possible, to designate one other official to serve as alternate.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Commissioner Carter to designate
Commissioner Shepherd as the official representative and Ann Cummings as the
alternate.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
            Nays: None
MOTION PASSES
      H. Smartzone Agreement. CITY MANAGER
SUMMARY OF REQUEST: To consider an agreement that would assign the
Smartzone Agreement from Belmont Farms, LLC to Muskegon Lakefront, LLC.
FINANCIAL IMPACT: The development, or lack thereof, on the Smartzone
property impacts the ability to generate tax increments to pay the Smartzone
bonds. A Brownfield loan in the amount of $150,823.42 is outstanding, and the
second installment due on March 18, 2011, was $18,554.42.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the agreement that would assign the Smartzone Agreement from Belmont Farms,
LLC to Muskegon Lakefront, LLC.
ROLL VOTE: Ayes:   Carter, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: Wisneski
MOTION PASSES
2011-60 ANY OTHER BUSINESS:
Commissioner    Spataro    and   Mayor Warmington        commented      on    the


                                        6
success of the Hot Rod Power Tour this year and Muskegon has been asked to
host the tour Sunday, June 3, 2012.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the guarantee of the $35,000 event fee for the Hot Rod Power Tour to come back
to Muskegon in 2012.
ROLL VOTE: Ayes:     Gawron, Shepherd,       Spataro,   Warmington,    Wierengo,
           Wisneski, and Carter
            Nays: None
MOTION PASSES
Mayor Warmington thanked Public Safety Director Tony Kleibecker for his years
of service and his leadership.
Commissioner Shepherd stated she would like to attend the National League of
Cities Conference this year and is in need of money for registration and air fair.
Commissioner Wisneski donated $100 so she needs $360 more. Commissioner
Carter donated $200, and Commissioner Wierengo will donate the needed
$160.
PUBLIC PARTICIPATION: Public comments received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:48 p.m.


                                            Respectfully submitted,




                                            Ann Marie Cummings, MMC
                                            City Clerk




                                        7
      City of Muskegon

PROPOSAL FOR AUDIT SERVICES

       September 2, 2011




                  Proposing Firm:
                     Brickley DeLong, P.C.
                     316 Morris Ave., P.O. Box 999
                     Muskegon, Michigan 49443-0999
                     Phone:     (231) 726-5820
                     Contact: Timothy D. Arter, C.P.A.
                                Partner
                                             BRICKLEY DELONG
                                                    CERTIFIED PUBLIC ACCOUNTANTS




       September 2, 2011


       Mr. Timothy J. Paul
       Director of Finance
       City of Muskegon
       933 Terrace Street
       Muskegon, MI 49443-0536

       Due to our long, valued relationship, Brickley DeLong, P.C. would like to submit a proposal for audit services to
       the City of Muskegon.

       Our proposal is for the audit of the City of Muskegon’s financial statements for the years ending June 30,
       2012, 2013, 2014, 2015, and 2016. If the City chooses to accept this proposal, we would also reduce the fee for
       the June 30, 2011 audit which the City previously approved for $37,875. Our fee for such services will not exceed
       the following:

                                        SERVICE DESCRIPTION
                                         Financial Audit and Single Audit
                                          and Single Audit

                                             June 30, 2011                      $         33,575

                                             June 30, 2012                                32,400
                                             June 30, 2013                                33,275
                                             June 30, 2014                                34,150
                                             June 30, 2015                                35,350
                                             June 30, 2016                                36,550

       If actual time and expenses are less than these amounts, we will reduce our fee accordingly.

       Our fee was determined on the assumption that we will receive cooperation and assistance from the City to
       facilitate completion of the engagement, that the City's records will be in an auditable condition, and that there will
       not be significant increases in the City’s operations over the period of the proposal. For instance, should the City
       add significant new grants or activities, we request that the audit fees be adjusted at mutually-agreeable rates
       accordingly. Should the City need additional services outside the scope of the audit, such as assistance with
       account analysis or GASB 34, we would be happy to discuss them with you and would be available to perform
       such services at our standard rates.

       Our audits will be made in accordance with generally accepted auditing standards adopted by the American
       Institute of Certified Public Accountants. In addition, we will perform a single audit in accordance with
       Government Audit Standards and the provisions of the federal Single Audit Act. The above quoted rates are
       for a single audit with up to two major programs. Should the City have additional major programs, we would
       discuss the additional cost with you in advance and perform such services at a mutually-agreeable rate.


316 Morris Ave., Suite 500 • P.O. Box 999 • Muskegon, MI 49443                          907 S. State St. • P.O. Box 331 • Hart, MI 49420

      PHONE (231) 726-5800 • FAX (231) 722-0260                                          PHONE (231) 873-1040 • FAX (231) 873-0602
BRICKLEY DELONG


  City of Muskegon
  September 2, 2011
  Page 2


  We believe that Brickley DeLong, P.C. would be an excellent choice as auditors for City of Muskegon because
  Brickley DeLong, P.C.:

  1. Has been the auditor of the City of Muskegon for several years and understands the City and its programs. In
     addition, the manager assigned to the engagement has been associated with the City’s audit for several years.
  2. Has extensive experience in servicing local governmental units, school districts, and nonprofit organizations in
     Western Michigan.
  3. Has extensive experience in performing audits of federal programs for governmental units, local school
     districts, and nonprofit organizations.
  4. Commits significant time in the training of professional staff members in the unique aspects of Michigan
     municipal accounting, financial reporting, and auditing.
  5. Has a partner in the firm that maintains a member position on the State of Michigan Committee on
     Governmental Accounting and Auditing.
  6. Encourages year around communications with client staff members to address technical issues and emerging
     issues.
  7. Requires professional staff to have entrance conferences with appropriate client officials prior to the
     commencement of audit field work to discuss the audit scope, time tables, and significant matters.
  8. Requires partners and professional staff members to have exit conferences with client officials to review and
     discuss draft financial statements and letters of recommendations prior to issuance so as to enable client to
     better understand the financial statements, disclosures, trends, and recommendations.
  9. Seeks the opportunity to meet with Boards and associated committees to discuss the scope of audit
     engagements and to present financial statements and letters of recommendations.

  We would welcome the opportunity to participate in an interview with the Commission of the City of Muskegon, a
  committee thereof, or designee to discuss our qualifications, audit plan, firm policies and procedures, or other
  matters.

  We are confident that Brickley DeLong, P.C. can continue to meet your needs, and we would welcome the
  opportunity to continue to serve the City of Muskegon.

  We look forward to hearing from you. If you desire any additional information, please call. Thank you for your
  time and consideration.

  Sincerely,




  BRICKLEY DELONG, P.C.
Date:       September 13, 2011
To:         Honorable Mayor and City Commissioners
From:       Ann Marie Cummings, City Clerk
RE:         Gaming License Request from Muskegon Lumber
            Jacks Charitable Foundation




SUMMARY OF REQUEST:               Muskegon Lumberjacks Charitable
Foundation, 470 W. Western, Muskegon, MI 49440, is requesting a
resolution recognizing them as a non-profit organization operating in the
City for the purpose of obtaining a Gaming License. They have been
recognized as a 501(c)(3) organization by the State.
FINANCIAL IMPACT: None


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: Approval
Date:      September 13, 2011
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Cummings, City Clerk
RE:        Gaming License Request from Tempting Tables




SUMMARY OF REQUEST: Tempting Tables, 601 Terrace, Muskegon,
MI, is requesting a resolution recognizing them as a non-profit
organization operating in the City for the purpose of obtaining a Gaming
License. They have been recognized as a 501(c)(3) organization by the
State.
FINANCIAL IMPACT: None


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: Approval
Date:      September 13, 2011
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Cummings, City Clerk
RE:        Congress of Cities Voting Delegate


SUMMARY OF REQUEST: To designate Commissioner Shepherd who
will be in attendance at the National League of Cities Annual Business
Meeting on Saturday, November 12th, to cast the City’s vote.


FINANCIAL IMPACT: None


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: Approval.
      Commission Meeting Date:        September 13, 2011


Date:      August 26, 2011
To:        Honorable Mayor & City Commission
From:      Community and Neighborhood Services Department
RE:        Public Hearing to Review 2010-2011 Consolidated
           Annual Performance Evaluation Report (CAPER)


SUMMARY OF REQUEST: To conduct a public hearing on September 13,
2011 to review accomplishments and receive comments from the public
concerning the 2010– 2011 Consolidated Annual Performance Evaluation
Report (CAPER) developed by the Community and Neighborhood Services
department.

After the public hearing has been conducted and all the comments have
been documented, the Community and Neighborhood Services office
requests that the Commission direct the staff to submit the required
documents to the U. S. Department of Housing and Urban Development
(HUD) in compliance with 24 CFR 91.520, by no sooner than September
14, 2011.

FINANCIAL IMPACT: The City is required to submit the CAPER report in
order to continue receiving Community Development Block Grant (CDBG)
and HOME funding.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: To direct staff to gather comments from the
public and to submit the CAPER to HUD after the public comment period
has elapsed.

COMMITTEE RECOMMENDATION: The document has been reviewed by
the Citizen’s District Council.
             `




    CITY OF MUSKEGON
COMMUNITY AND NEIGHBORHOOD
         SERVICES


        2010 – 2011
          6th Year


  CONSOLIDATED ANNUAL

      PERFORMANCE

    EVALUATION REPORT



         DRAFT
                    TABLE OF CONTENTS

Table of Contents---------------------------------Page 2
Executive Summary---------------------------------Page 3
Objectives----------------------------------------Page 3
General Questions---------------------------------Page 6
CDBG Activities-----------------------------------Page 6
Modifying Program---------------------------------Page 8
Fair Housing--------------------------------------Page 8
Operation R & R-----------------------------------Page 9
Leveraging----------------------------------------Page 9
Home Match Requirement----------------------------Page 10
Managing the Process------------------------------Page 10
Citizen Participation-----------------------------Page 10
Institutional Structure---------------------------Page 10
Monitoring----------------------------------------Page 10
Lead-based Paint----------------------------------Page 11
Housing Needs-------------------------------------Page 11
Specific Housing Objectives-----------------------Page 12
Public Housing Strategy---------------------------Page 12
Barriers to Affordable Housing--------------------Page 12
HOME/American Dream Down-Payment Initiative-------Page 12
HOME Activities-----------------------------------Page 13
Homeless Needs------------------------------------Page 14
Emergency Shelter Grant---------------------------Page 14
Community Development-----------------------------Page 14
Antipoverty Strategy------------------------------Page 15
Community 2011------------------------------------Page 17




Page 2 of 17
                 SIXTH PROGRAM YEAR CAPER 2010 - 2011

  Executive Summary
  The City of Muskegon completed the sixth year of its’ 2005-2010 Consolidated Plan
  that was accepted by the U.S. Department of Housing and Urban Development as
  an extended year. During the 2010-2011 fiscal year, several projects were
  completed in the housing and neighborhood improvement areas. The 2010 Census
  was performed and data results have been slowly released to the public. As of July
  2010, the State unemployment rate was 13.2%. From the Bureau of Labor Market
  Information & Strategic Initiatives, the unemployment rate for Muskegon as of May
  2011 is 10.4%, with the state level being 10.5% which is almost the highest in the
  United States. Because of the continued high unemployment rate in the City, a
  significant number of issues have developed in relationship to the City’s overall
  health that range from diminishing tax revenues, reduction in services, laying off of
  City workers, an escalating number of foreclosed homes in the community and a
  continuing increasing number of families in our community that find themselves
  without health insurance.

  The City of Muskegon’s CNS office has tried to redirect its’ program to the
  immediate needs of our residents, while continuing to promote neighborhood
  redevelopment and sustainability. Most of the activities that have been included in
  the CNS program in the last year were the Neighborhood Stabilization Program
  initiative through the Michigan State Housing Development Authority.

  Last year was a very productive year, in spite of the capacity of our staff: 15
  demolitions, eight rehabs scattered throughout the City of Muskegon of which three
  sold to eligible households.     With that said, as of this date the majority of the
  established goals or accomplishments had been met during the five years
  established in the 2005 – 2010 Consolidated Plan.

  The CNS office has exceeded its goals and objectives that were established in the
  2005-2010 Consolidated Plan during this sixth year.

Objective 1: New Construction – To either develop alone or in partnership with a
  Community Housing Development Organization, member of the financial community
  or private developers, new single-family affordable housing.
  Goal: Ten new single-family houses completed by May 31, 2010.
  2010-2011 Accomplishments: No homes were built under the Infill program last
  fiscal year; however, Muskegon County Habitat for Humanity completed 1.
  Aggregate Accomplishment: Since 2005, sixteen (16) completed single-family
  houses.
  GOAL SURPASSED

Objective 2: Total Rehabilitation of previously vacant, blighted single-family housing –
  To either totally rehabilitate alone or in partnership with Community Housing


  Page 3 of 17
  Development Organizations, other social agencies and/or a member or members of
  the financial community.
  Goal: Ten totally rehabilitated single-family homes by May 30, 2010.
  2010-2011 Accomplishments: eight (8) homes were totally rehabilitated last year
  through NSP funding.
  Aggregate Accomplishments: Since 2005, fourteen (24) completed rehabilitated
  single-family homes. Community enCompass completed two (2).
  GOAL SURPASSED

Objective 3: Emergency and Vinyl Siding Assistance – To assist eligible City of
  Muskegon residents with emergency housing repairs and/or vinyl siding installation.
  Goal: 250 houses assisted with emergency repair and or vinyl siding, (150
  emergency repair/100 vinyl siding by May 31, 2010.)
  2010-2011 Accomplishments: 94 homes assisted with either emergency repair
  and/or vinyl siding (83 emergency repairs/11 vinyl sidings).
  Aggregate Accomplishments: Since 2005, 495 Emergency Repairs and 121 Vinyl
  Sidings have been completed.
  EMERGENCY GOAL SURPASSED

Objective 4: Rehabilitation of Rental Units - To assist rental units within the City, by
  rehabilitating rental housing in compliance with housing quality standards.
  Goals: Sixteen rehabilitated rental units by May 31, 2010.
  2010-2011 Accomplishments: a two-unit rental was completed by Community
  enCompass.
  Aggregate Accomplishments: Since 2005, 26 rehabilitated rental units completed.
  GOAL SURPASSED

Objective 5: To use the City’s available resources to eliminate blight in the community.
  The City will allocate several different departments’ resources to eliminate blight in
  the community.
  Goals: To demolish 20 dangerous structures throughout the City.
  2010-2011 Accomplishments: Demolished 6 dangerous structures and boarded up
  21 open, dangerous properties.
  Aggregate Accomplishments: Since 2005, 73 dangerous structures were
  demolished.
  GOAL SURPASSED

Objective 6: To assist and promote the public service community in attacking the
  social ills of the community in a plethora of areas through our non-profit
  Subrecipients.
  Goal: 10,000
  2010-2011 Accomplishments: Assisted 12,947 persons through the Public Service
  Community.
  Aggregate Accomplishments: 45,643
  GOAL SURPASSED




  Page 4 of 17
Objective 7: To allocate available funding to replace and improve the City’s
  infrastructure.
  Goal: To continue to upgrade community’s infrastructure.
  2010 – 2011 Accomplishments: White Street road pavement was completed.
  Comments: We identified $267,182 through CDBG-R.




Objective 8: To use available funding to improve the City’s overall economic status, by
  creating a physical infrastructure to attract new businesses and by creating a
  network to promote economic development.
  Goal: To complete the redevelopment of the City’s downtown area and to attract
  400 new jobs by May 31, 2010.
  Comments: Our downtown received a boost by opening a culinary instructional
  building with a restaurant and bakery. Façade upgrades to existing buildings as well
  as the completion of two major structures help to cement the physical infrastructure,
  attracting new businesses.
  2010 – 2011 Accomplishments: 60 new jobs were created downtown through
  companies and organizations.
  Aggregate Accomplishments: 200+
  Comments: We are very pleased with over 200 new jobs coming into the
  downtown area and look forward to more growth in the coming years.




  Page 5 of 17
General Questions
During the 2010-2011 fiscal year, the Community Development Block Grant
Entitlement was $1,086,413; HOME entitlement was $320,710. The funding was
allocated in the following manner to correlate with the established goals and
objectives that were established in the City’s 2005-2010 Consolidated Plan.

                                 CDBG ACTIVITIES
PUBLIC SERVICES

1. West Michigan Veterans                                                    $3,500
       “Food Bank”
       Funding to assist veteran organization in supplying a food bank to
       Income-eligible veterans. 749 new clients were assisted.
2. healthCARE Project                                                        $3,500
       “Health screening to low-income residents”
       Funding to be used to assist low-income residents with health
       screenings. 1,575 new clients were screened.
3. American Red Cross                                                        $3,500
       “Senior Transportation Program”
       Funding to be used to assist with senior transportation to medical
       facilities. 528 new clients received transportation.
4. Legal Aid of Western Michigan                                             $3,500
       “Counseling/Legal Education”
       Funding to assist with legal housing issues for low-income renters
       and homeowners. 306 new clients received legal assistance.
5. Legal Aid of Western Michigan                                             $3,500
       “Foreclosure Legal Assistance”
       Funding to assist with legal foreclosure issues for low-income
       residents. 54 new clients were seen for foreclosures.
6. Community enCompass                                                       $3,500
       “Healthy Neighborhood Project”
       Funding for neighborhood project planning and nurturing
       community leaders. 487 residents were assisted.
7. Love INC                                                                  $3,500
       “Handicap Ramps”
       Funding to assist non-profit with material cost to build disability
       ramps. Four households received ramps.
8. City of Muskegon Leisure Services Department                              $70,000
       “Inner-City Youth Recreation”
       Funding to be used to assist inner-city youth recreation programs.
       405 youth participated in the recreation programs.
9. City of Muskegon Dept. of Public Works                                    $45,000
       “Senior Transit Program”
       Funding to be used to fund City’s Senior Transit program.
       7,352 rides were provided.



Page 6 of 17
10.Muskegon Community Health Project                                    $3,500
      “Uninsured Diabetes Outreach”
      Funding to assist low-income residents with diabetes screenings
      and supplies. 1,752 residents were assisted.
11.City of Muskegon Affirmative Action Department                       $10,000
      “Affirmative Action”
      Funding to assist with prevailing wage interviews, EEO Committee,
      diversity, etc.
12.City of Muskegon Affirmative Action Department                       $10,000
      “Summer Internship Program”
      Funding to assist low-income/poverty residents in summer internship
      at the City of Muskegon. Two college students were interns.
13.Muskegon Main Street                                                 $3,500
      “Downtown Economic Development”
      667 residents benefited.

INFRASTRUCTURE IMPROVEMENTS/DEOLITIONS

1. City of Muskegon Fire/Inspection                                         $50,000
       “Dangerous Building/Demolition”
       Funding will be used to do board ups and demolitions of vacant
       and or deteriorated structures in CDBG-eligible neighborhoods.
       Six houses were demolished and 21 houses were boarded up.
2. City of Muskegon Finance Department                                      $159,453
       “Repayment of new Fire Station Bond”
       Funding to be used to repay bond for the new Central Fire Station.
3. Community and Economic Development                                       $20,000
       “Façade Improvements”
       Funding will be used to assist commercial property owners with
       exterior improvements city-wide.
       Three businesses had façade improvements.
4. City of Muskegon Department of Public Works                              $10,000
       “Graffiti Removal”
       Funding will be used to remove graffiti from around the City.
       91 structures had graffiti removed.

HOUSING AND ADMINISTRATION

1. City of Muskegon Community and Neighborhood Services                     $200,000
       “Emergency Repair”
       Funding will be used to finance emergency home repair.
       83 households were assisted.
2. City of Muskegon Community and Neighborhood Services                     $150,000
       “Vinyl Siding Program”
       Funding will be used to finance Vinyl Siding installation program.
       11 homes had vinyl siding installed.



Page 7 of 17
3. City of Muskegon Community and Economic Development                          $47,500
       “Code Enforcement”
       Funding to be used for full time Environmental Inspector to enforce
       City property codes and zoning ordinances in CDBG-targeted areas.
4. City of Muskegon Community and Neighborhood Services                         $175,000
       “CDBG Administration”
       General management, oversight and coordination of CDBG program
       activities. Funding includes salaries, fringe benefits, office supplies,
       equipment, contract compliance, EEO activities, etc.
5. City of Muskegon Community and Neighborhood Services                         $65,000
       “Delivery of Services”
       Assist with the supplying and administration of the Vinyl Siding and
       Emergency Repair Programs.


These programs allowed the City of Muskegon to surpass the goals set. The
Subrecipients and our City departments worked successfully to assist our low-
income residents and meet the objectives of the Consolidated Plan.


Modifying Program
There are many factors currently being researched in order to determine if it is in the
best interest of our programs and the citizens to make any changes to our existing
program. Our Weatherization program has been modified to address the urgent
needs of our senior population. Taking applicants from the Emergency Repair call
sheet, we were able to utilize three funding sources, avoid condemning a home and
gave a senior a decent, safe place with standard living facilities.


Fair Housing
The City of Muskegon and the CNS office continue to affirmatively advocate fair
housing in our City. Some of the impediments that were identified in the last Fair
Housing Analysis (2009) were Fair Housing Promotion – all correspondence from
the CNS office has the Fair Housing and Disability logos attached and collective
comments about our county. The only recommendation that we agreed to change
was for the addition of “familial status” to the protected categories of the
discrimination clause. On June 14, 2011, our City Commission approved for the
City of Muskegon to enter into an inter-agency agreement with Fair Housing Center
of West Michigan (Grand Rapids).




Page 8 of 17
Operation R & R - Reawakening and Resurgence

Through Operation R & R, the CNS office has sponsored community meetings
during the last several years. During the last three years, the City’s CNS office has
tried to develop programs that emphasize the importance of community, while
showcasing the positive components of the community, but our NSP1 program has
taken a forefront stance in reawakening and revitalizing our neighborhoods.


Operation R & R - Goals and Objectives for 2005 - 2010

1. To totally rehabilitate 10 formerly abandoned blighted homes in one fiscal year.
   We completed eight (8),

2. To sell the 10 homes to low to moderate income first-time home-buyers (as
   owner-occupied residences). We sold three (3) and have four (4) pending sales.

3. Public hearings to receive direction from the citizens of our community. Four (4)
   hearings were conducted.

4. To work with the citizens and service providers to improve the image of the
   targeted neighborhoods; both from within and outside the community. Monthly
   meetings are held to give support for all areas of the City through the
   Neighborhood Associations of Muskegon (NAM).

5. To improve both the economic health of the targeted neighborhoods and the
   physical health of the neighborhoods and its residents.      Visits to the
   neighborhood meetings and agency visits were conducted.

6. To have significantly controlled new commercial investment in the area, while
   supporting the existing businesses in the neighborhoods.         Eleven new
   businesses established themselves in the City of Muskegon during our sixth
   year; five were in our downtown business district.


Leveraging

Several of the programs, NSP1, S.A.F.E. Housing, or activities that were
accomplished during the last fiscal year included the ability to leverage funding from
other entities or other funders.

Several of the City’s CHDO’s have been able to leverage other funding from
financial institutions and the Michigan State Housing Development Authority
(MSHDA) to stretch their HOME allocation from the City of Muskegon. As an



Page 9 of 17
entitlement community, MSHDA is now providing us with funds that will be used to
leverage future projects owned by the City to cover our HOME allocation shortfalls.



Home Match Requirement
The City of Muskegon is not required to satisfy any match as it relates to their
entitlements in either CDBG and/or HOME.


Managing the Process
The City of Muskegon Community and Neighborhood Services monitors the
CDBG/HOME allocations to City departments, local Subrecipients and CHDO’s.
With support from the Citizen’s District Council and approval from the City
Commission, appointed agencies receive grants. This process keeps the focus on
activities that reach the needs of the community and accomplishments are captured
in the CAPER.



Citizen Participation
Waiting for citizen comments


Institutional Structure
There have not been any obstacle gaps in the City of Muskegon’s institutional
structure as it relates to the City’s CDBG and HOME Programs. At this time it
appears that the coordination of the programs is adequate; leveraged program funds
played a hug role in our services and planning for future activities..



Monitoring
The activities are monitored on a quarterly basis. All Subrecipients are required to
submit a quarterly report at the end of each quarter. In addition, Subrecipients and
CHDO’s have at least one physical on-site monitoring visit prior to their next funding
grant.

Self Evaluation: Measuring success through the programs funded by the City of
Muskegon, Subrecipients and CHDO’s have a significant effect on solving the
neighborhood and community problems in the City. The City’s HOME and CDBG
programs surpassed the goals established in the City’s 2005-2010 Consolidated
Plan.


Page 10 of 17
The CNS programs targeted at six specific areas, which were:

           1.   Housing
           2.   Health
           3.   Infrastructure Improvements
           4.   Youth Services
           5.   Senior Services
           6.   Public Services

It is the philosophy of the CNS staff and the City of Muskegon that a collaborative
concentrated effort between the City of Muskegon and her partners are working
toward solving many of the issues that our community faces.

Through the CNS programs, whether it is the Emergency Repair/Vinyl Siding
Program, under the CDBG umbrella or the Infill and Total Rehabilitation program
under the HOME Partnership program, all of those aforementioned activities work to
provide decent housing and a good living environment for all our residents. As in
past years, the 2010-2011 CNS fiscal year went well with few, if any, real problems.

The indicators used to determine if the City of Muskegon is truly meeting its
objectives are the following:

       94 households serviced
       9 houses totally rehabilitated
       97 low/moderate-income residents served
       1 new constructed home


Lead-based Paint
All CNS projects, where required by HUD statues, are tested for possible Lead-
based paint hazards. When required, the Lead is properly abated by Certified
Contractors in our effort to eliminate Lead from our community.


Housing Needs

The housing needs of our community are the same everywhere: foreclosures, failing
homes and unstable neighborhoods. We are combating the problems by providing
solutions; affordable housing still works to make for a suitable living environment.




Page 11 of 17
Specific Housing Objectives
The City of Muskegon’s Community and Neighborhood Services is continuing to
develop and redevelop affordable housing for low and moderate-income residents.

For several years the CNS office has attempted to build a totally handicap
accessible house for a special needs family or a family that has a special needs
members. We succeeded with the rehabilitation of 1331 Amity. This house was
sold as soon as it was completed.

The CNS office will continue to work with the local Disability Awareness Council and
other related non-profits and agencies that work with persons with disabilities and
their housing needs. The CNS office will market its intent to the disabled population
and the service providers. It is hoped that the CNS office and the Disability
Awareness Council will be able to partner together to construct another totally
accessible home through the Neighborhood Stabilization fund.



Public Housing Strategy
The Muskegon Housing Commission is continuing to make the upgrades and
improvements to the Hartford Terrace Complex, as were established in their five-
year Comprehensive Plan. The Muskegon Housing Commission has experienced
several cuts in funding from HUD, but the agency continues to supply a high level of
service to their clients who are all low income.


Barriers to Affordable Housing
The Fair Housing study suggests that a complaint driven testing and survey be
performed. The signed agreement will be the foundation to address these hidden
barriers to decent, safe and affordable housing of low-income families. This county-
wide effort is the first of many collaborative situations to help all citizens facing
discrimination and less than standard living environments.



HOME/American Dream Down-Payment Initiative (ADDI)
The City of Muskegon is not required to make a match to its HOME Entitlement.

HOME entitlement was $320,710. The funding was allocated in the following manner
to correlate with the established goals and objectives that were established in the
City’s 2005-2010 Consolidated Plan.




Page 12 of 17
                                 HOME ACTIVITIES

COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS

1. Neighborhood Investment Corp. (NIC)                                       $30,000
       Funding will be used for housing rehabilitation and neighborhood
       development in targeted neighborhoods. NIC closed its doors in
       2010.
2. Habitat for Humanity                                                      $45,000
       Funding will be used to assist non-profit with infrastructure cost
       for new construction. Three homes received funding.
3. Community enCompass                                                       $32,500
       Funding will be used to purchase/rehab transient housing.
       One home was rehabbed.

CITY OF MUSKEGON

1. Community and Neighborhood Services                                         $60,000
      “Rental Rehabilitation Program
      Funding will be used to assist investment owners with the
      rehabilitation of their rental units. No units were rehabbed.
2. Community and Neighborhood Services                                         $30,000
      “HOME Administration”
      General management, oversight and coordination of HOME program
      activities. Funding includes salaries, fringe benefits, office supplies,
      equipment, etc.
3. Community and Neighborhood Services                                         $120,000
      “Senior Weatherization/Energy Conservation Program”
      Assist low-income Senior Citizens with high energy problems and
      conservation. Three homeowners were assisted with this program.


As an entitlement community, the Neighborhood Stabilization Program, through
MSHDA, catapulted the City’s Community and Neighborhood Services department
into a NEW role of foreclosure “stabilization.” The City of Muskegon tweaked the
“Lease with Option to Purchase” program that originally targeted two of our homes;
two additional homes have been added to the program. Because the difficulty that
many of our residents face in financing, the Lease with Option to Purchase program
is an opportunity for the potential homebuyer to move into the affordable home
immediately. It gives them the opportunity to improve their financial situation, while
helping the City, and more specifically the immediate neighborhood, by having
someone move into the area who wants to be a homeowner and a resident of the
community.

A reduction in staff impeded our success in serving owners of rental units and elder
homeowners for the Weatherization program.



Page 13 of 17
Homeless Needs

The Muskegon Continuum of Care is working diligently in a collaborative effort to rid
homelessness in Muskegon County by 2010. The Continuum is a group of local
service providers who are combining their intellectual capital to develop
programming that will assist the at-risk homeless population. Several of the
members of the Continuum, and the City’s CHDO’s, offer transitional housing
programs to assist the at-risk homeless population make the transition to permanent
housing.

The City of Muskegon and its many partners (City of Norton Shores, Muskegon
Heights, continuum of Care, Love INC, Muskegon County Habitat for Humanity,
Community enCompass, Muskegon County Health Department, West Michigan
Therapy, Muskegon Oceana Community Action Partnership, Muskegon Housing
Commission and Disability Connection) are working to supply housing assistance in
an effort to prevent homelessness in our community.



Emergency Shelter Grant
The City of Muskegon is not a recipient of ESG funding.



Community Development
All of the City of Muskegon’s Community Development Block Grant (CDBG) funds
were used in relationship to the priorities, needs and goals established in the 2005-
2010 Consolidated Plan. All of the funding areas are the highest priority activities.
Although none of the CDBG funding in Muskegon is used to construct affordable
housing, a large portion of the funding is used to assist low/moderate homeowners
with emergency home repairs and to keep their housing costs affordable. The main
activities that meet this category are:



                                       No. Served        Amount
                                           83          $235,982.02
                Emergency Repair
                                           11          $97,023.56
                Vinyl Siding


The City of Muskegon’s CDBG activities address a number of areas that affect the
quality of life of low/moderate-income persons in the community. Although there has
been some discussion concerning changing some of the guidelines of the City’s
CDBG program in order to produce much needed program income, it is also thought,
by staff, that it may be necessary to implement into our guidelines a restriction on


Page 14 of 17
the number of times a household is eligible to receive assistance. The CNS staff will
continue to evaluate our process to cover economic shortfalls and the increasing
need of emergency services.

All of the CDBG’s funding spent by the City of Muskegon or any of its Subrecipients
met both the national objectives and the overall benefit certification. There were no
displacements incurred through any rehabilitation or demolition activity by the City of
Muskegon CNS office.


Antipoverty Strategy

Working with several different departments within the City of Muskegon, many of the
service providers and members of the economic development community are
combining their expertise to develop several mechanisms that will reduce the
poverty rate in our City.

As new employers come into our community and the existing employers expand
their operations, the need for additional employees will increase. It is now that the
partnership between the educational, job training and the economic development
communities is most important. A significant portion of our low/moderate-income
population is unemployed. Working is the strategy to combat poverty. Jobs ar
needed in our community.

This year we can report new businesses in downtown Muskegon: Hennessy’s Irish
Pub, 4-1-1 Bistro Lounge, Continuity, Watermark 920 Conference Center and the
Lake House. Other new businesses within the City of Muskegon include Sitting
Pretty Pet Spa & Boutique, Brown Bag Boutique, Beanbox Company, Bonfire, Fatty
Lumpkins Sandwich Shack and Betten Hyundai.


During the last six years, the City of Muskegon continued to supply CDBG funding to
the following areas:

   Youth Services
   Senior Services
   Legal Services
   Housing Rehabilitation
   Code Enforcement
   Health Care
   Recreation
   Blight Elimination
   Infrastructure and Loan Repayment




Page 15 of 17
The City of Muskegon allocating funding to these areas keeps the City improving the
overall quality of life, by providing a suitable environment.

Muskegon, like many other communities in the county, is attempting to stay
aggressive in our community development efforts. We are witnessing the rebirth of
our downtown where community events like Bike Time, Summer Celebration, Unity
Festival and the Irish Festival unite our citizens to create a stronger community and
overall quality of life that creates a suitable living environment for all.




Page 16 of 17
                      “COMMUNITY 2011”
                Welded Steel with Stacked River Rocks
                 Matthew Giovanni Amante, Sculptor
                     A Gift to the Community by
                 Charles E. and Patricia B. Johnson




Page 17 of 17
Date: September 13, 2011
To:    Honorable Mayor and City Commissioners
From: Finance Director
RE: Financial Policies Update


SUMMARY OF REQUEST: Attached for your review are updates to the
City’s financial policies. These policies were last updated in 2008.
Recommended changes include:
      Increasing the General Fund reserve policy (i.e. unassigned fund balance)
        from 10% to 13% of prior year actual revenues. This is reflective of the
        level used in the state’s fiscal stress model;

      Addition of policies regarding the reporting of fund balances to bring the City
       into compliance with the recently issued Governmental Accounting
       Standards Board (GASB) statement 54.

      Streamlining the City’s investment policy;

      Standardizing staff authority to write-off accounts and settle liability claims at
       the staff level in amounts up to $15,000;

      Formalization of policies regarding water affidavits and water/sewer billing
       issues

FINANCIAL IMPACT: The financial policies have a major impact on
safeguarding the City’s financial resources and interests

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: Approval.

COMMITTEE RECOMMENDATION: None.
City of Muskegon, Michigan



Financial Policies




Revised: September 2011
         CITY OF MUSKEGON FINANCIAL POLICIES

INTRODUCTION                                                                  2

I. OPERATING BUDGET POLICY                                                    2

II. CAPITAL IMPROVEMENTS POLICY                                               3

III. REVENUE POLICY                                                           3

IV. FUND BALANCE POLICY INCLUDING GASB STATEMENT 54 POLICIES                  3

V. ACCOUNTING, AUDITING, AND FINANCIAL REPORTING POLICY                       4

VI. DEBT POLICY                                                               5

VII. FIXED ASSETS CAPITALIZATION AND DEPRECIATION POLICY                      6

VIII. LIABILITY INSURANCE CLAIM SETTLEMENTS                                   6

IX. POLICY FOR ADJUSTING UNCOLLECTIBLE ACCOUNTS                               7

X. POLICY FOR ADJUSTING DELINQUENT REAL & PERSONAL PROPERTY TAXES             7

XI. INVESTMENT POLICY                                                         8

XII. PETTY CASH USES AND LIMITS                                              10

XIII. PROCEEDS FROM SALE OF CITY-OWNED REAL ESTATE                           10

XIV. PROCUREMENT CARD PROGRAM POLICY                                         11

XV. ELECTRONIC PAYMENTS                                                      13

XVI. ACCEPTANCE OF CREDIT CARD PAYMENTS                                      13

XVII. TRAVEL POLICY AND GUIDELINES                                           13

XVIII. CELL PHONE POLICY                                                     16

XIX. CASH HANDLING POLICY FOR DEPARTMENTS ACCEPTING PAYMENTS FROM CITIZENS   16

XX. ACCOUNTS PAYABLE                                                         17

XXI. ACCOUNTS RECEIVABLE AND BANKRUPTCY                                      17

XXII. PAYROLL                                                                19

XXIII. SOCIAL SECURITY NUMBER PRIVACY POLICY                                 19

XXIV. WATER AND SEWER POLICIES                                               22

XXV. POVERTY EXEMPTION INCOME GUIDELINES                                     25

XXVI. INCOME TAX POLICIES                                                    26




                                     Page 1 of 26
INTRODUCTION
The financial policies presented here set forth the basic policy framework for the financial
management of the City of Muskegon. Many of the policies represent long-standing principles,
practices, or traditions that have guided the City in the past. They have been brought together in
one place to ensure their consistency and to provide Commission and staff a comprehensive
reference document for current and future decision-making. While these policies are intended to
provide continuity within a constantly changing environment, it is also intended that they be
reviewed regularly and amended as needed.


I. OPERATING BUDGET POLICY
The City shall adhere to the requirements of the State of Michigan “Uniform Budget Act” (P.A.
621 of 1978, as amended).
The budget shall be balanced by Fund. Budgeted expenditures of each fund will be less than or
equal to the sum of projected fund balance at the beginning of the fiscal year and all revenues
which reasonably can be expected to be received during the fiscal year. It will be the annual goal
of the City to match current operating expenditures with current operating revenues for each
fund. Where this is not possible due to economic downturn or other factors, the “operating
deficit” (i.e. operating revenues less operating expenditures) will be clearly highlighted.
Budgets will be adopted on a basis of accounting consistent with generally accepted accounting
principles. Revenues are budgeted when they become measurable and available and
expenditures are charged against the budget when they become measurable, a liability has been
incurred, and the liability will be liquidated with current resources.
The budget shall be adopted through a “Resolution of Appropriation.” Appropriations will be made
at the departmental or project level for the General Fund Budget and at the fund level for all other
budgets. The level of formal appropriation will constitute the “appropriation center” for each fund
as defined in the state Uniform Budget Act. Transfers of budgeted funds between appropriation
centers will require the formal approval of the City Commission.
The City Manager and City Department Heads are authorized to transfer line-item budget
amounts within appropriation centers. Budget transfers between appropriation centers or
changes to appropriation center totals require formal amendment by the City Commission, which
may be done at any time during the budget year.
Budgets will be carefully monitored throughout the year. Each quarter the budget together with
the policies and priorities on which it is based will be thoroughly reviewed by the City Manager to
determine whether changes are necessary. An amended budget reforecast will be presented to
the City Commission based on this review.
Department Heads are authorized to reallocate budgeted positions between activities under their
jurisdiction; however, new positions may only be created with approval of the City Manager and
within the budgetary authority approved by the City Commission.
All operating funds of the City are subject to the annual budget process and will be reflected in
the annual budget document with the exception of certain “pass-through” funds (such as the
current tax fund), trust and agency funds, funds having a separate fiscal year (e.g. CDBG), and
non-recurring project and grant funds for which a budget shall be adopted at the time the project
is approved.
The enterprise fund and internal service fund operations of the City are intended to be fully self-
supporting, i.e. current revenues will cover current expenditures, debt service, and capital costs.
The City’s budget will portray both direct and indirect costs of programs whenever practical.
As permitted by state law (P.A. 30 of 1978), the City will fund and maintain a separate Budget
Stabilization Fund for the purpose of ensuring that adequate funding is available to maintain
levels of municipal services in the event of a major revenue loss.




                                            Page 2 of 26
CONTINGENCY ACCOUNT
A “contingency” line-item will be included in the General Fund Budget for unforeseen operating
expenditures. The amount of the contingency account will not exceed five percent (5%) of total
budgeted expenditures. If in a given year it is determined that other budgeted operating funds
require a contingency line-item, the same policy will be followed for these funds.


II. CAPITAL IMPROVEMENTS POLICY
A capital improvement program (CIP) will be developed for a period of five years. The CIP will
outline and prioritize all proposed capital projects, including land acquisitions, land improvements,
construction projects and equipment purchases having estimated costs over $50,000 and useful
lives of four or more years. As resources are available, the most current year of the CIP will be
incorporated into the current year of the City’s operating budget. The CIP will be reviewed and
updated annually prior to the beginning of the operating budget cycle.


III. REVENUE POLICY
The City will strive to maintain a diversified and stable revenue system to shelter it from short-run
fluctuations in any one revenue source. The revenue mix should combine elastic and inelastic
revenue sources to minimize the effect of an economic downturn.
The City will estimate its annual revenues using the best information available.
The City will establish all user charges at a level related to the cost of providing the services and
will annually revise user fees (with review by the City Commission) to adjust for the effects of
inflation, program changes or other factors.
The City will set fees and user charges for each enterprise fund, such as the Water Fund and
Sewer Fund, at a level that fully supports the total direct and indirect costs of the activity. Costs
shall include the cost of annual depreciation of capital assets.
The City will set fees for other user activities, such as recreation services, at a level to support
the direct and appropriate indirect costs of the activity.
The City will aggressively pursue collections of delinquent accounts receivable utilizing
appropriate legal means (including outside collection agents) to enforce payment of amounts
owed.


IV. FUND BALANCE POLICY INCLUDING GASB STATEMENT 54 POLICIES
Fund balance is an important indicator of the City’s financial position. Maintaining reserves is
considered a prudent management practice. Adequate fund balances are maintained to allow
the City to continue providing services to the community in case of unexpected emergencies or
requirements and/or economic downturns.


GENERAL FUND
It will be the City’s policy to maintain an unassigned General Fund fund balance equal to at least
thirteen percent (13%) of total actual General Fund Revenues for the preceding year. This level
of fund balance is consistent with the municipal fiscal stress indicator system used by the
Michigan Department of Treasury to monitor the financial health of local units.


FUND BALANCE REPORTING IN GOVERNMENTAL FUNDS
Fund balance will be reported in governmental funds under the following categories using the
definitions provided by GASB Statement No. 54:

Nonspendable fund balance – includes amounts that cannot be spent because they are either
(a) not in spendable form or (b) legally or contractually required to be maintained in-tact.



                                             Page 3 of 26
Nonspendable amounts will be determined before all other classifications and consist of the
following items (as applicable in any given fiscal year):

      The City will maintain a fund balance equal to the balance of any long-term outstanding
        balances due from others (including other funds of the government)

      The City will maintain a fund balance equal to the value of inventory balances and prepaid
        items

      The City will maintain a fund balance equal to the corpus (principal) of any permanent
        funds that are legally or contractually required to be maintained in-tact

      The City will maintain a fund balance equal to the balance of any land or other nonfinancial
        assets held for sale

Restricted fund balance – includes amounts that can be spent only for the specific purposes
stipulated by the constitution, external resource providers, or through enabling legislation.

Committed fund balance – includes amounts that can be used only for the specific purposes
determined by a formal action of the government’s highest level of decision-making authority.

Commitments will only be used for specific purposes pursuant to a formal action of the City
Commission.

Assigned fund balance – includes amounts intended to be used by the government for specific
purposes but do not meet the criteria to be classified as restricted or committed. In governmental
funds other than the general fund, assigned fund balance represents the remaining amount that
is not restricted or committed.

The City Commission delegates to the City Manager the authority to assign amounts to be used
for specific purposes. Such assignments cannot exceed the available (spendable, unrestricted,
uncommitted) fund balance in any particular fund.

Unassigned fund balance – includes the residual classification for the government’s general
fund and includes all spendable amounts not contained in the other classifications. In other funds,
the unassigned classification should be used only to report a deficit balance from overspending
for specific purposes for which amounts had been restricted, committed, or assigned.


BUDGET STABILIZATION FUND
The City will continue to maintain on its books a budget stabilization fund (as originally created
under PA 30 of 1978). However, for year-end reporting purposes (in accordance with
requirements of GASB 54), the City’s budget stabilization fund will be reported as an assigned
fund balance of the general fund for the purpose of public improvements.
.


V. ACCOUNTING, AUDITING, AND FINANCIAL REPORTING POLICY
The City will establish and maintain those funds required by law and sound financial
administration. Only the minimum number of funds consistent with legal and operating
requirements will be established, however, because unnecessary funds result in inflexibility,
undue complexity, and inefficient financial administration.
An independent full scope audit of all City funds will be performed on an annual basis. Selection
of the independent auditor will be made by the City Commission.




                                            Page 4 of 26
The City will prepare a Comprehensive Annual Financial Report (CAFR) in accordance with
Generally Accepted Accounted Principles (GAAP) as outlined by the Governmental Accounting
Standards Board (GASB). It will be the City’s goal to complete the annual audit and prepare the
CAFR within 120 days of the end of the fiscal year.
The City shall submit annually its CAFR to the Certificate of Achievement for Excellence in
Financial Reporting Program sponsored by the Government Finance Officers Association.
Recommendations made by GFOA reviewers shall be incorporated into the City’s CAFR for the
subsequent year.


VI. DEBT POLICY

EXTERNAL DEBT
The City of Muskegon will not use long-term debt to finance current operations.
The City of Muskegon will follow a policy of full disclosure and report all material facts about its
financial condition in a timely manner.
The retirement of bonds issued by the City (or its component units and authorities) will be equal
to or less than the useful life of the project being funded.
Whenever possible the City of Muskegon (including its authorities) will limit its issuance of debt to
a maximum of $10 million per calendar year to maintain the yield advantages associated with
bank qualified obligations.
The City will structure bond issues to maintain level or decreasing debt service schedules and
maintain debt service payments as a predictable and manageable part of the operating budget.
“Pay-As-You-Go” financing will be used when practical. However, when the City utilizes long-
term debt financing it will ensure that the debt is financed soundly by:
        Conservatively projecting revenue sources that will be utilized to repay the debt.
        Financing the improvement over a period not greater than the useful life of the
        improvement, and
        Determining that the benefits to be derived outweigh the total costs (including interest
        costs) of the project.
Capital lease, certificates of participation, and lease-purchase financing will be treated as debt
financing and be subject to the same policies.
The City will award sale of its bonds to the responsible bidder whose bid produces the lowest
“true interest cost” (TIC) to the City over the life of the bond issue.
The City (and its Authorities) will normally issue debt through a competitive process in which
formal bids will be solicited from as many interested parties as possible. Under some
circumstances, it is in the City’s best interest to issue debt through a negotiated sale process
instead of using a competitive process. The negotiated sale process will only be used when: 1)
the nature of the debt issue is unique and requires particular skills from the investment banks
involved, 2) the interest rate environment or other economic factors that may affect the issue are
particularly volatile and the negotiated sale process can provide needed stability or, 3) the debt
issue is bound by a closing deadline. In all cases where the negotiated process is utilized, the
underwriter/manager will be selected by a competitive review of their fees, qualifications, and
recent performance.




                                             Page 5 of 26
INTERFUND LOANS
In some situations it may be cost effective to loan money from one City fund to another in lieu of
borrowing from external sources. Such interfund loans may only be made with formal approval of
the City Commission including establishment of a fixed repayment schedule. Interest on
interfund loans will be charged at the rate then available on U.S. Treasury notes having a
comparable maturity.


VII. FIXED ASSETS CAPITALIZATION AND DEPRECIATION POLICY

CAPITALIZATION THRESHOLDS
Fixed assets are assets of a long-term character (i.e. a minimum useful life of two years) which
are intended to continue to be held and used, such as land, buildings, improvements other than
buildings, machinery, vehicles and equipment. This policy is intended to establish guidelines for
accounting for, capitalizing and depreciating fixed assets held by the various City funds.

Category Capitalization Threshold (Unit Cost)
Land $ N/A
Land Improvement 10,000
Buildings 10,000
Equipment 10,000
Vehicles 10,000
Office Equipment and Furniture 10,000


Only those items having unit costs in excess of the threshold limits specified above will be
considered fixed assets for purposes of City accounting records. Fixed assets in the City’s
proprietary type funds (i.e. Enterprise, Internal Service) shall be capitalized in the year of
purchase and depreciated over their estimated useful lives. Fixed assets of all other funds shall
be maintained by the City and depreciated over their estimated useful lives and shown on the
City’s full accrual Government Wide Statement. These include certain public domain general
fixed assets consisting of improvements such as roads, bridges, curbs and gutters, streets and
sidewalks, drainage systems, and lighting systems.
General fixed assets are valued at historical cost or estimated historical cost if actual cost is not
available. Donated assets are valued at their estimated fair value on the date donated. Property
and equipment of the enterprise funds and internal service funds are carried at cost.


DEPRECIATION AND ESTIMATED USEFUL LIFE
Depreciation of Fixed Assets in the City’s Proprietary Funds shall be accomplished using the
simple straight life method. The estimated useful life of assets will be based on IRS policies, past
experience, or other reliable sources. Useful lives typically will not exceed fifty (50) years.


VIII. LIABILITY INSURANCE CLAIM SETTLEMENTS
Under the Michigan Municipal Risk Management Authority (MMRMA) program the City is self-
insured for the first $150,000 of any single liability claim. A portion of the City’s annual “premium”
paid to MMRMA is set aside in a reserve account to cover this retained risk and no disbursement
can be made from this reserve without prior authorization from the City.
When a claim is made against the City, all pertinent information is turned over to MMRMA. The
“claims adjusting” section of MMRMA then investigates the claim thoroughly and recommends a
course of action to the City (e.g. deny claim, settle for no more than X dollars, etc.).
The following policy will govern the handling of such liability claims:




                                              Page 6 of 26
        The City Manager or the Finance Director is authorized to approve settlements up to
        $15,000 provided that the settlement is consistent with the recommendation of the
        MMRMA.
        Settlements for amounts less than $15,000 which are not consistent with the
        recommendation of MMRMA may only be authorized with concurrence of the City
        Attorney and timely notification of the City Commission.
        Proposed claim settlements in excess of $15,000 must be reviewed and approved by the
        City Commission.



IX. POLICY FOR ADJUSTING UNCOLLECTIBLE ACCOUNTS
During the normal course of conducting its business, the City invoices outside parties for a variety
of reasons ranging from taxes, fines, or penalties to the sale of City services or goods. Most
billings are paid promptly and the majority of those that are not are ultimately collected through
discontinuance of service, use of third-party collection services, or other means. However, it is
periodically necessary to adjust the City’s receivable records by “writing-off” accounts deemed to
be uncollectible or by making an adjustment to reflect the negotiated settlement of a disputed
account.
The City’s policy for adjusting accounts receivable shall be:
    The City shall maintain in its general ledger records delinquent accounts receivables for the
    five most recent years. A reserve for estimated uncollectible accounts receivable shall be
    maintained in the general ledger. The reserve will be equal to one-half of the fund’s
    delinquent accounts receivable outstanding as of each June 30th. At the close of each fiscal
    year, the City will write-off any balances remaining uncollected that are more than five years
    old. Accounts that are written-off may be turned over to a private collection agency for
    additional collection efforts.
    For receivables under five years old preliminary authorization for adjustments or write-offs of
    individual accounts receivable for amounts not in excess of $15,000.00 may be given by the
    City Manager or other responsible official designated by the City Manager (e.g. the City
    Treasurer in the case of water bills).
    The adjustment or write-off of individual accounts receivable for amounts in excess of
    $15,000.00 shall be approved by the City Commission on an individual basis.
Adjustments to accounts receivable which are determined by the City Treasurer to be necessary
due to administrative error may be made without going through the procedure outlined above.




X.  POLICY FOR ADJUSTING DELINQUENT REAL & PERSONAL
PROPERTY TAXES
The City’s policy for adjusting delinquent personal property taxes shall be as follows:
        A reserve for estimated uncollectible personal property taxes shall be maintained in each
        fund having delinquent personal property tax receivables. The reserve will be equal to
        one-half of the fund’s delinquent personal property taxes outstanding as of each June
        30th.
        The City shall only maintain in its general ledger records delinquent personal property tax
        receivables for the two most recent years in an attempt to comply with the GASB 60 day
        rule. At the close of each fiscal year, the City will write-off any balances remaining
        uncollected that are more than two years old. Balances written off may be turned over to
        a private collection agency for additional collection efforts.



                                             Page 7 of 26
Real property taxes that become delinquent are turned over to the County treasurer for collection.
The City is generally made whole at the outset of the collection process and only “charged back”
for those taxes that remain delinquent after 2-3 years of unsuccessful collection effort. If in the
City’s judgment a delinquent account will ultimately be uncollectible through this process the City
will escrow the funds received from the County to cover an eventually charge back.



XI. INVESTMENT POLICY
The Director of Finance serves as the City’s Investment Officer as defined in Michigan Compiled
Laws (MCL) Chapter 129.91.

This Investment Policy replaces any previously dated investment policies, guidelines or lists of
authorized investments.

SCOPE
This Policy shall apply to the investment management of all financial assets under control of the
City.
To the extent practical, all excess cash, except for cash in certain restricted and special
accounts, shall be pooled for investment purposes. The investment income derived from the
pooled investment account shall be allocated to the contributing funds based upon the proportion
of the respective average balances relative to the total pooled balance. Interest earnings shall be
distributed to individual funds on a monthly basis.

OBJECTIVES
The City's principal investment objectives are (in order of importance):
      SAFETY: Preservation of capital and protection of investment principal.
      LIQUIDITY: Maintenance of sufficient liquidity to meet anticipated cash flows.
      YIELD: Attainment of a market value rate of return.


PRUDENCE
The standard of prudence to be used for managing the City's assets shall be the “prudent
investor rule” which in general states that investments shall be made with the judgment and care
that under the circumstances then prevailing, persons of prudence, discretion and intelligence
would exercise in the management of their own affairs, not in regard to speculation but in regard
to the permanent disposition of their funds, considering the probable income as well as the
probable safety of their capital.

The City recognizes that no investment is totally risk less and that the investment activities of the
City are a matter of public record. Accordingly, the City recognizes that occasional measured
losses are inevitable in a diversified portfolio and shall be considered within the context of the
overall portfolio's return, provided that adequate diversification has been implemented and that
the sale of a security is in the best long-term interest of the City.

The Director of Finance and authorized investment personnel acting in accordance with written
procedures and exercising due diligence shall be relieved of personal responsibility for an
individual security's credit risk or market price changes, provided that the deviations from
expectations are reported in a timely fashion to the City Commission and appropriate action is
taken to control adverse developments.




                                             Page 8 of 26
DELEGATION OF AUTHORITY
The Director of Finance may delegate the authority to conduct investment transactions and to
manage the operation of the investment portfolio to the Assistant Finance Director and/or the City
Treasurer. No person may engage in an investment transaction except as expressly provided
under the terms of this Investment Policy.

The City may engage the support services of outside professionals in regard to its investment
program, so long as it can be clearly demonstrated that these services produce a net financial
advantage or necessary financial protection of the City's financial resources.


AUTHORIZED SECURITIES AND TRANSACTIONS
All investments of the City shall be made in accordance with MCL Chapter 129.91 - 129.96 (Act
20 of 1943). Any revisions or extensions of these sections of MCL will be deemed to be part of
this Investment Policy immediately upon being enacted.


INVESTMENT DIVERSIFICATION AND LIQUIDITY
It is the intent of the City to diversify the investments within the portfolio to avoid incurring
unreasonable risks inherent in over investing in specific instruments, individual financial
institutions or maturities. The maximum investment in each of the following categories shall not
exceed 25% of the total portfolio: Commercial Paper, Eligible Bankers Acceptances and
uninsured Certificates of Deposit.

To the extent possible, investments shall be matched with anticipated cash flow requirements
and known future liabilities. The City shall maintain at least 10% of its total portfolio in cash
and/or instruments maturing in 30 days or less.


SELECTION OF BROKER/DEALERS
Broker/dealers will be selected by the Director of Finance on the basis of their expertise in public
cash management and their ability to provide services for the City's account. Approved
broker/dealers and the firms they represent shall be licensed to do business in the State of
Michigan and as such are subject to the provisions of Michigan Statutes relating to the
investment of public funds. Broker/dealers shall attest in writing that they have received and
reviewed a copy of this Policy.

The City may purchase commercial paper, CD’s and other securities from direct issuers as long
as they meet the criteria outlined in the Authorized Securities and Transactions section of this
Policy.


SELECTION OF DEPOSITORY BANKS
Periodically, through a Request for Proposal process, the City shall select a bank to provide
checking account and other banking services for the City. To be eligible for authorization, a bank
must (1) be a member of the FDIC, (2) be eligible to be a depository of funds belonging to the
State of Michigan, (3) maintain a permanent office within the City of Muskegon and, (4) be
financially stable and sound as periodically determine through credit analysis provided through a
reputable bank rating service.

Notwithstanding provision (3) in the preceding paragraph, Time Certificates of Deposit described
in the section of this policy, “Authorized Securities and Transactions” may be purchased from
authorized banks if they meet requirements of Act 20.




                                            Page 9 of 26
SAFEKEEPING AND CUSTODY
The Director of Finance shall select a bank to provide safekeeping and custodial services for the
City. The custodian bank will be selected on the basis of its ability to provide services for the
City's account and the competitive pricing of its safekeeping related services, and shall be
financially stable and sound as periodically determined through credit analysis provided through a
reputable bank rating service.

The Director of Finance shall maintain a file of the credit rating analysis reports performed for the
custodian bank. Bank credit analysis shall be performed on a semi-annual basis.


REPORTING
Accounting and reporting on the City’s investment portfolio shall conform to Generally Accepted
Accounting Principles (GAAP) and the Governmental Accounting Standards Board (GASB)
recommended practices. On a monthly basis, the Director of Finance shall submit to the City
Commission an investment report, listing the investments held by the City, the current market
valuation of the investments and performance results. The report shall include a summary of
investment earnings during the period.


XII. PETTY CASH USES AND LIMITS
Petty cash accounts may be established in such locations and in such amounts as may be
determined necessary by the City Manager. Petty cash disbursements up to $300.00 are
permitted for the following purposes: 1) for the expedited purchase of minor goods or services, 2)
to provide immediate reimbursement to employees for travel or other costs paid out of their own
pocket in the conduct of City business and, 3) to provide immediate refunds to customers as
warranted. All uses of petty cash must be fully supported by receipts or other appropriate
documentation. Petty cash procedures shall be reviewed periodically by the City’s Finance
Department.
Employees traveling on City business may receive a petty cash travel advance of up to $300.00
from the City Treasurer’s Office to be used for travel purposes. The employee’s department
head must approve travel advances. Cash advances of more than $300.00 are discouraged and
will only be made upon written authorization of the employee’s department head and the City
manager.
In order to distinguish travel advance requests from expense reporting, while simplifying the
process to the extent possible, there is a separate form for that purpose. Please note that with
the Request for Petty Cash Travel Advance form, the requesting party must acknowledge that
receipts and any money owed the City must be returned within ten days of return from travel. If
the money and/or expense documentation is not returned, the employee authorizes the full
amount of the travel advance to be deducted from their paycheck along with a $5.00 processing
fee. The Request for Petty Cash Travel Advance forms are available through the City
Treasurer’s Office.
Note that all travel expenses should be reported on the Travel Expense Reporting Form as soon
as possible upon returning from travel. Travel Expense Reporting Forms are available on the
City’s Intranet Page.


XIII. PROCEEDS FROM SALE OF CITY-OWNED REAL ESTATE
From time to time the City sells real estate that it owns. It is City policy that, unless required by
law or by specific direction of the City Commission, proceeds from such property sales shall be
deposited to the City’s Public Improvement Fund to be used to finance general purpose capital
needs.




                                            Page 10 of 26
In the case of tax reverted property sold by the City, sale proceeds will first be used to reimburse
appropriate City funds for expenses incurred in maintaining and selling the property. Any
remaining sale proceeds will be distributed to the City and other taxing jurisdictions in the same
manner as regular property taxes.


XIV. PROCUREMENT CARD PROGRAM POLICY

GENERAL
Regular government purchasing methods, such as purchase orders, can be cumbersome and
costly in relation to the value of goods being purchased. To promote operational efficiency, the
City has adopted a procurement card purchasing program for use with small dollar value
purchases.
A number of unique controls have been developed for the procurement card program. These
controls will ensure that cards can be used only for specific purchases and within specific dollar
limits. In addition, documentation of all purchases is required by each cardholder with further
approval from the department head and the City Manager’s office before payment is made.
The unique procurement card issued by the City has the employee’s name embossed on it
together with the City’s tax-exempt status. No one other than the employee whose name is on
the card may use the card. CITY ISSUED PROCUREMENT CARDS MAY ONLY BE USED BY
DESIGNATED CITY EMPLOYEES FOR THE PURCHASE OF GOODS OR SERVICES FOR
THE OFFICIAL BUSINESS OF THE CITY OF MUSKEGON. UNDER NO CIRCUMSTANCES IS
THE PROCUREMENT CARD TO BE USED FOR PERSONAL PURCHASES.


DESIGNATION OF RESPONSIBLE OFFICIAL
The Finance Director is designated as the official responsible for overseeing compliance with this
procurement card policy including procurement card issuance, accounting for procurement card
transactions, monitoring and payment of procurement card statements.


TRANSACTION AMOUNTS
The procurement card may be used for purchases of individual items up to $2,500.00 in value.
The total monthly dollar value of transactions on each procurement card will generally be limited
to $5,000.00. The City Manager may establish higher monthly credit limits for employees whose
positions require higher than normal use of the procurement card. The total combined authorized
credit limit of all procurement cards issued by the City shall not exceed five percent of the City’s
total budget for the current year. All purchases made with a City procurement card must be fully
supported by receipts, invoices, and other documentation. Such documentation is to be attached
to the monthly procurement card statement and cardholder’s reconciliation.


CREDIT CARD REBATES/REWARDS
To the extent the City earns rebates or rewards from use of procurement cards, the rebates will
be recorded as general fund income used to offset the costs of bank service charges.


CREDIT CARD USE FOR LARGE RECURRING ITEMS
Some vendors accept credit card payment for large recurring bills such as electric bills and solid
waste collection. Since the City can earn rebates on credit card use, it may be to the City’s
benefit to pay these bills via credit card. The City manager and/or finance director will inform the
City commission of these opportunities in advance and will establish special use credit card
accounts that are electronically restricted to the specific type of transaction/vendor.




                                            Page 11 of 26
EMERGENCY TRANSACTION AMOUNTS
In the event of an extended emergency, the City Manager is authorized to establish higher
procurement card limits on a temporary basis so that City employees may procure goods and
services necessary to deal with the emergency. In no event are emergency transaction limits to
be in effect for more than thirty days.


INTEREST COSTS AND SALES TAX
It is the City’s policy to pay in full each month on or before the due date the total balance due on
its procurement cards thereby avoiding interest charges. As a municipality, the City is exempt
from payment of state sales tax. City procurement card users are expected to exercise care in
conducting transactions to ensure that they are not incorrectly charged for sales tax.


OTHER PURCHASING POLICIES
The procurement card is a supplement to other purchasing procedures such as purchase orders.
As with the other purchasing methods, the following conditions must be met when using your
procurement card.
        Each single purchase may be comprised of multiple items, but the total cannot exceed
        the single purchase dollar limit on your procurement card.
        When purchases exceed the established dollar limits, the normal procedures of using
        purchase orders must be followed unless written authorization is given by the employee’s
        department head.
        The least expensive item that meets your basic needs should be bought and competitive
        quotes must be obtained in accordance with existing purchasing policies.
        Cardholders must follow normal budgetary control procedures to ensure that sufficient
        funds are available prior to making purchase.
        Use of the procurement card does not relieve the cardholder from complying with
        Federal, State and City ordinances, regulations, policies and procedures.
        Use of the procurement card is not intended to replace effective procurement planning
        which enable volume discounts.
        Purchases are not to be split to circumvent procurement regulations.


RESTRICTIONS ON USE
The following list covers purchases for which procurement cards use is prohibited:
        Cash advances through bank tellers or teller machines.
        Traveler’s Checks.
        Purchase of gasoline or diesel fuel for City vehicles except in emergencies (use City
        pumps or Fuelman System).
        Purchase of items stocked in City inventory unless required in emergencies.
        Additional specific restrictions as deemed necessary by individual departments.




                                            Page 12 of 26
XV. ELECTRONIC PAYMENTS
Modern technology makes it possible to transfer funds electronically in lieu of issuing paper
checks. This technology offers many benefits to users including lower transaction costs, reduced
opportunities for fraud, and better cash management control. The City has effectively utilized this
technology for several years for purposes such as direct deposit of employee paychecks and
automatic payment of customers’ water bills. The City supports continued use and expansion of
electronic payments technology for payment of vendors and other uses provided appropriate
internal controls are established. The City Manager and Finance Director, in conjunction with the
City’s independent auditors, are authorized to develop the necessary procedures and controls for
expanded use of this technology in the City of Muskegon.


XVI. ACCEPTANCE OF CREDIT CARD PAYMENTS
The City has studied the costs and benefits of accepting credit card payments from customers
and has determined that credit card acceptance significantly enhances customer service and
provides administrative and other benefits to the City that outweigh the associated costs.
Accordingly, the City’s policy shall be to accept credit cards for payment of all City bills and
invoices except routine payment of property taxes. The City Treasurer or Income Tax
Administrator may permit payment by credit card for property taxes in specific collection cases
where they have determined it is in the City's best interest to do so.



XVII. TRAVEL POLICY AND GUIDELINES

SCOPE
This policy applies to all City of Muskegon elected officials, employees, board members,
volunteers and others when travelling on official City business and/or travelling at City expense.

AUTHORIZED TRAVEL
In the normal course of conducting City business, employees are required to travel for purposes
of work-related meetings, training opportunities, professional conferences, or other business
purposes. As part of the annual budget process, departments’ request funding for travel purposes
for the coming year. Department heads have full authority to approve travel for their employees
(without additional authorization) within limits of the department's approved travel budget. Travel
that is significantly beyond the parameters of the department's travel budget should be approved
by the City Manager together with a corresponding budget adjustment if required.

TRAVEL COSTS
The City recognizes that its employees are responsible adults who take the same care in
incurring travel expenses while on City business as when traveling on personal business.
Accordingly, this policy does not establish rigid cost limits for lodging, meals, or other travel costs.
Instead, the following general guidelines are offered while recognizing that special circumstances
may dictate that employees incur costs beyond these guidelines:

Lodging - Lodging costs should generally range between $75.00 - $150.00 per night depending
on location (based on single occupancy and including local taxes which the City is not exempt
from). Employees are relied upon to use their good judgment in selecting safe and economical
accommodations.

Two important factors to remember when making hotel reservations: 1) you should always ask for
special "government" rates that are typically deeply discounted from regular rates and, 2) you
should identify the travel as official City business exempt from state sales tax and inquire as to
any specific documentation requirements the hotel may have.




                                              Page 13 of 26
Costs for in-room movies, exercise rooms, or other hotel services not included in the basic room
rate are not reimbursable by the City.

Meals - Meal costs should generally not exceed $40.00 per person for each full day of travel
(including gratuities and taxes). For partial day travel or individual meal reimbursements, the
following limits will apply:

Breakfast                  $8.00                             Travel Before 8:00 AM
Lunch                                                       Travel Before 12:00 Noon
                          $10.00
Dinner                    $22.00                             Travel Before 6:00 PM

Individual meal limits will apply regardless of whether or not reimbursement is sought for other
meals during the day. For example, it is not permissible to “skip” breakfast and lunch in order to
be reimbursed $40.00 for a dinner; instead, the dinner will only be reimbursed up to the $22.00
limit specified above. Often lunch or other meals are included in the registration price of a
seminar or conference. It is expected that employees attending these functions will partake in
these meals. The City will not reimburse meal costs if the employee chooses to forgo the
conference meal and dine elsewhere.

Transportation - Vehicle travel may be by either City vehicle or the employee's private vehicle. If a
private vehicle is used, reimbursement will be based on the number of miles traveled times the
allowable IRS business mileage rate in effect at that time. Air travel is generally used for
destinations more than 300 miles away. Employees are encouraged to take advantage of
discounted airfares and should utilize the Muskegon County Airport whenever possible.

Employees may elect to use private vehicles for travel to destinations more than 300 miles away
and will be reimbursed based on the current IRS mileage rate or equivalent round trip coach
airfare for that destination, whichever is less. However, no reimbursement will be made for added
lodging or meal costs incurred because of the extra travel time.

Employees who elect to use their own vehicle should be aware that under the laws of the State of
Michigan, every vehicle owner is required purchase insurance that is the primary coverage for
that vehicle. While using a private vehicle for City travel, any automobile liability insurance
coverage in force for the City is excess coverage only for the employee/vehicle owner.

Other Costs - Other incidental costs (such as parking, ground transport, phone calls), should not
exceed an average of $15.00 per day. Rental car costs generally will not be reimbursed by the
City as it is expected that employees will utilize lodging in close proximity to the conference or
other event. In extraordinary circumstances where the employee deems it necessary to rent a
car, reimbursement will only be made with the written authorization of the City manager.

Traveling With Spouse - There is no objection to employees inviting their spouse to travel along
on City business. However, the City will pay for none of the spouse’s travel expenses and care
should be taken to maintain separate records of the employee's reimbursable travel costs.

PAYING FOR TRAVEL COSTS
Methods available for employees to pay travel costs include the following:

City Credit Card - Employees who have been issued a City of Muskegon credit card should use it
to pay their travel costs. Additionally, in each department a credit card holder is designated to use
their card to pay for other employees' travel costs that can be readily handled in advance (e.g.
airline tickets, conference registration, hotel, etc.).

Personal Credit Card - Employees who have not been issued a City credit card may find it
convenient to pay travel costs on their own personal credit card and receive cash reimbursement
from the City.



                                            Page 14 of 26
Petty Cash Advance - Employees traveling on City business may receive a petty cash travel
advance of up to $300.00 from the City Treasurer’s Office to be used for travel purposes. The
employee’s department head must approve travel advances. Cash advances of more than
$300.00 are discouraged and will only be made upon written authorization of the employee’s
department head and the City manager.
In order to distinguish travel advance requests from expense reporting, while simplifying the
process to the extent possible, there is a separate form for that purpose. Please note that with
the Request for Petty Cash Travel Advance form, the requesting party must acknowledge that
receipts and any money owed the City must be returned within ten days of return from travel. If
the money and/or expense documentation is not returned, the employee authorizes the full
amount of the travel advance to be deducted from their paycheck along with a $5.00 processing
fee. The Request for Petty Cash Travel Advance forms are available through the City
Treasurer’s Office.
Note that all travel expenses should be reported on the Travel Expense Reporting Form as soon
as possible upon returning from travel. Travel Expense Reporting Forms are available on the
City’s Intranet Page.


REPORTING REQUIREMENTS FOR TRAVEL EXPENSE REIMBURSEMENT
Travel expense reporting has been simplified to the extent possible. The following guidelines
apply to travel expense reporting:

    Travel expenses are to be reported on the Travel Expense Reporting Form included with this
    pamphlet as soon as possible upon returning from travel.
    Only expenses for which cash reimbursement is sought by the employee need to be
    reported. Expenses paid in advance or expenses paid by City credit card should not be
    included on the Travel Expense Reporting Form.
    Expenses must always be supported by receipts or other documentation.
    If total expenses to be reimbursed are $300.00 or less, you may obtain immediate
    reimbursement from the City Treasurer's Office.
    If total expenses to be reimbursed are more than $300.00, they will be reimbursed as a
    separately itemized, non-taxable category on the employee's regular bi-weekly paycheck.
    Accordingly, travel expense report forms must be submitted to the Finance Office with all
    necessary approvals no later than 5:00PM on the Friday prior to payday for reimbursement
    on that paycheck.


DOUBLE-DIPPING
It should go without saying that City expects honest and ethical behavior from its employees in
handling travel expense matters. Travel expenses that are partially or fully paid by outside
parties (such as federal agencies) are not to also be submitted for reimbursement from the City.
Any employee found to be deliberately misreporting travel expenses will be subject to disciplinary
action as well as potential prosecution.


LOCAL BUSINESS EXPENSES
In addition to travel expenses, it is sometimes appropriate for City employees to incur costs on
behalf of boards or committees or in the course of entertaining visiting guests. Department heads
have full authority to approve such costs (within budgetary limits) and the same general
guidelines as outlined above for employee travel expenses should be followed.




                                           Page 15 of 26
XXVIII. CELL PHONE POLICY
GOAL

It is the goal of the City to provide cellular telephones to City employees who need them to
perform the essential functions of their jobs.

SAFETY

The first concern of the City is the safety of their employees and the public. Employees should
use proper safety procedures at all times when using a cellular phone, especially while operating
equipment, driving on City business or performing similar duties. This includes pulling to the side
of the road if feasible when making or receiving a cellular phone call. Text messages under no
circumstances should be sent or viewed while driving.

POLICY

Department Heads and Supervisors may request cellular phones for employee use when the
expense and use of the phone is justifiable in terms of improved service and responsiveness to
citizens and/or other employees. Cellular phones should be provided only when they are
required for the employee to perform essential functions of his/her job. Additionally at the
discretion of the Department Head/Supervisor enhanced features or smart phones may be
requested. Smart phones or a phone with enhanced features will require an employee to share
in the cost. This amount will be determined by Finance annually. The City realizes the phone will
be used for personal use as well as City use however excessive use or abuse of the phone
and/or phone services could result in additional charges or cancellation of phone services.

It is the responsibility of the Department Head/Supervisor to review the monthly statements and
report any concerns to the Finance Department.

With approval from the City Manager and Department Head an employee may elect to use
his/her own cellular phone for City business. The phone must be fully available during the
employee’s scheduled work hours. Employees using their personal cellular phone will be
reimbursed per month for the use of their phone. This reimbursement is taxable income to the
employee and the amount will be determined by Finance annually. Certain employees who are
required to have enhanced phone features/smart phones for their job may be reimbursed at a
higher rate with approval from the City Manager.




XIX. CASH HANDLING POLICY FOR DEPARTMENTS ACCEPTING
PAYMENTS FROM CITIZENS

This policy is intended as a guide and supplement to other measures which should exist
surrounding the collection, timely deposit, and recording of collections in the records at each City
location.
For some City departments that have higher volumes of cash transactions, a cash register is
used to record receipt transactions. All transactions must be entered in the register and a
receipt must be issued to each customer. For other departments, the method for recording
and balancing is with a receipt book that has pre-numbered receipts. This method is acceptable
with the understanding that all transactions are entered, and a receipt is issued to every
customer. The pre-numbered receipt books are issued to City departments by the treasurer’s
office.




                                            Page 16 of 26
City departments handling cash have starting cash, which is used for making change for their
customers.      When balancing out the daily transactions, you first remove the starting cash
amount. The receipts should offset the money (cash and checks) that you have remaining. If
this is not the case, then, you have an overage or a shortage. This must be noted on your pink
“cash-out” slip/sheet. Two signatures are required for all deposits. If a discrepancy (shortage or
overage) occurs, the department’s authorized person (usually the department head) must review
and sign the cash-out slip/sheet.

For departments that have a cash register, on a daily or other periodic basis, you should enter a
summary of the receipt transactions into the GEMS Financial System’s Cash Receipts module on
a “cash sheet” and generate a “Cash Receipts Edit” report. The “Cash Receipts Edit” report,
cash register transaction summary tape, money received, an adding machine tape and/or item
count of checks and the “cash-out” sheet should be hand delivered to the City Treasurer’s office
each day. The treasurer’s office will issue a receipt for the total amount deposited.

For departments without a cash register, on a daily or other periodic basis, you should prepare a
deposit report detailing the receipt transactions being deposited. Each deposit report includes all
pre-numbered receipt numbers used by the department since the last report, even if the receipt
was voided. The deposit report, money received, an adding machine tape and/or item count of
checks and the “cash-out” sheet should be hand delivered to the City Treasurer’s office each day.
The treasurer’s office will issue a receipt for the total amount deposited.

If assistance is needed in reference to any of the above, please contact the treasurer’s office.



XX. ACCOUNTS PAYABLE

The City fully recognizes the importance of paying its vendors and suppliers in a timely manner.
Late vendor payments result in higher costs as well as damage to the City’s reputation.
Accordingly, it is City policy to issue accounts payable (A/P) checks on the second and fourth
Fridays of each month. This cycle will ensure that (provided timely departmental approvals are
obtained) vendor payments will be made within 30 days of invoice receipt.

City departments are expected to plan their payment transactions around the regular A/P check
cycle; off-cycle A/P checks will not be permitted without the approval of the Finance Director or
Assistant Finance Director. In emergency situations where payment cannot wait for the regular
A/P check cycle, arrangements can be made with the Finance Department to electronically
transfer funds to the vendor’s account.


XXI. ACCOUNTS RECEIVABLE AND BANKRUPTCY

ACCOUNTS RECEIVABLE BILLING OUTSOURCE

The City’s Collection Agency will handle billings for the following types of invoices:

        Environmental
        Demolition and Board Ups
        Impounds
        Rental Property Registration
        Vacant Building

The Collection Agency will generate the initial invoice along with any follow up/delinquent notices,
pre-collection notices and collection notices. In an attempt to promote timely payment, invoices




                                             Page 17 of 26
for environmental and demolition issues paid within the first 30 days will receive a 20% discount.
These invoices will only be recorded as revenue to the City when they are paid.

Environmental Invoices can be appealed through the Planning department within 30 days from
the date of the original invoice.

ACCOUNTS RECEIVABLE PROCEDURES

Each department will input invoices through the City’s A/R system software for billing types not
handled by the Collection Agency. The Treasurer’s Office will process the Receivables every
Friday and mail out the invoices. Each department should periodically but no less than monthly
review invoices their office has initiated for payment. It is up to the individual departments to
monitor the payment of their accounts and notify the Finance Division of problems. The
Treasurer’s Office will review and turn over to the Collection Agency invoices outstanding for 90
or more days.

LEGAL ACTION
Legal action may be used only as a last resort to collect on delinquent accounts. On the advice
of the Collection Agency it will be up to the City Treasurer and/or Income Tax Administrator /
Deputy Treasurer to determine which accounts warrant such action taking into consideration time
and added costs in collecting the delinquent account(s).

SETTLEMENTS

From time to time, debtors may want to enter into negotiations regarding their delinquent
account(s). The City Treasurer and/or Income Tax Administrator / Deputy Treasurer will have the
authority to enter into meaningful settlement negotiations with the debtor for accounts under
$15,000.

OBSERVATION OF COLLECTION LAWS
The City Treasurer and/or Income Tax Administrator / Deputy Treasurer will ensure that all
Federal, State and local laws are observed and understood by all whom engage in collection
activities on behalf of the City of Muskegon.

BANKRUPTCIES
Bankruptcy notices should always be forwarded to the Income Tax Administrator / Deputy
Treasurer, regardless of whether the department receiving the notice of bankruptcy has an
outstanding receivable balance due from the debtor or not. Other departments throughout the
City may also have business pending with the debtor and must be notified of the bankruptcy
status.

Upon receipt, the Income Tax Administrator / Deputy Treasurer will circulate a notice to various
departments which typically deal with receivable accounts and who may be maintaining a
collection account with the debtor. Departments wishing to be included in the routing on a
regular basis should contact the Income Tax Administrator / Deputy Treasurer.

If a department receives correspondence from the Income Tax Administrator / Deputy Treasurer
requesting information on outstanding debts involved in a bankruptcy, the department should
return to the Income Tax Administrator / Deputy Treasurer the requested information, with
supporting documents, within seven days of receipt. The Income Tax Administrator / Deputy
Treasurer will consolidate information from the City as a whole and prepare and file a claim on a
timely basis.

Departments utilizing an outside collection agency should notify the agency that upon receipt of a
bankruptcy notice, the agency is required to close and return the account to the City immediately.



                                           Page 18 of 26
Under no circumstances is an outside agency, such as a collection agency, to file a bankruptcy
claim on behalf of the City.

The Income Tax Administrator / Deputy Treasurer will review certain accounts that may be
forwarded to the City Attorney’s Office for consideration due to the complexity of the bankruptcy
proceeding.

Upon receipt of a bankruptcy discharge or dismissal, the Income Tax Administrator / Deputy
Treasurer will notify all departments involved.


XXII. PAYROLL

DEDUCTIONS

The City is required to make various deductions from employee paychecks for taxes, pension
contributions, union dues and other purposes mandated by law, union contracts, or terms of
employment. Additionally, the City offers a range of “voluntary” deduction programs deemed to
be of general benefit to employees. These include deferred compensation retirement savings,
additional life insurance purchase, and U.S. Savings Bonds.

From time to time, outside firms (typically offering investment and/or insurance products)
approach the City about including their programs on the City’s voluntary payroll deduction menu.
Although such programs are touted as “employee benefits having no-cost to the City”, the fact is
that these programs can entail significant costs not only for payroll administration, but also in
terms of employee time consumed in marketing or educational efforts. The City’s general policy
will be to deny such requests. However, the City may elect to implement voluntary deduction
programs it deems to be worthwhile.

DIRECT DEPOSIT

The City encourages Direct Deposit of payroll checks both as a means to improve operational
efficiency and reduce opportunities for fraud. To the extent allowed by state law, the City may
elect to mandate all employees be paid via Direct Deposit. The following polices will govern the
City’s Direct Deposit practices:

     New employees will be given the choice of full direct deposit to one or multiple financial
        institution and/or accounts or to receive a paper check.
     Current employees will no longer be able to choose partial direct deposit and receipt of a
        paper check.
     Employees who currently direct deposit a portion of their payroll and receive a paper check
        will not be allowed to make any changes to their deposit accounts or amounts unless
        they are switching to full direct deposit.
     To the extent allowed by state law, the City may elect to mandate all employees be paid via
        Direct Deposit.


XXIII. SOCIAL SECURITY NUMBER PRIVACY POLICY

Section 1. Purpose
The purpose of this policy is to protect confidential information from individuals and businesses
that have contact with the City of Muskegon.




                                            Page 19 of 26
Section 2. Definitions
(a) "Computer", "computer network", or "computer system" mean those terms as defined by the
City of Muskegon’s Information Technology Department

(b) "Mailed" means delivered by United States mail or other delivery service that does not require
the signature of recipient indicating actual receipt.

(c) "Person" means an individual, partnership, Limited Liability Company, association,
corporation, public or nonpublic elementary or secondary school, trade school, vocational school,
community or junior college, college, university, state or local governmental agency or
department, or other legal entity.
(d) "Publicly display" means to exhibit, hold up, post, or make visible or set out for open view,
including, but not limited to, open view on a computer device, computer network, website, or
other electronic medium or device, to members of the public or in a public manner.

(e) "Website" means a collection of pages of the world wide web or internet, usually in HTML
format, with clickable or hypertext links to enable navigation from 1 page or section to another,
that often uses associated graphics files to provide illustration and may contain other clickable or
hypertext links.

Section 3. Prohibited use of social security number of employee, student, or
other individual; exceptions.
(1) Except as provided in subsection (2), a person shall not intentionally do any of the following
with the social security number of an employee, student, or other individual:

(a) Publicly display all or more than 4 sequential digits of the social security number.

(b) Subject to subsection (3), use all or more than 4 sequential digits of the social security
number as the primary account number for an individual. However, if the person is using the
social security number under subdivision (c) and as the primary account number on the effective
date of this act, this subdivision does not apply to that person until January 1, 2006.

(c) Visibly print all or more than 4 sequential digits of the social security number on any
identification badge or card, membership card, or permit or license.

(d) Require an individual to use or transmit all or more than 4 sequential digits of his or her social
security number over the internet or a computer system or network unless the connection is
secure or the transmission is encrypted.

(e) Require an individual to use or transmit all or more than 4 sequential digits of his or her social
security number to gain access to an internet website or a computer system or network unless
the connection is secure, the transmission is encrypted, or a password or other unique personal
identification number or other authentication device is also required to gain access to the internet
website or computer system or network.

(f) Include all or more than 4 sequential digits of the social security number in or on any
document or information mailed or otherwise sent to an individual if it is visible on or, without
manipulation, from outside of the envelope or packaging.

(g) Subject to subsection (3), beginning January 1, 2006, include all or more than 4 sequential
digits of the social security number in any document or information mailed to a person, unless
any of the following apply:




                                             Page 20 of 26
    (i)      State or federal law, rule, regulation, or court order or rule authorizes, permits, or
             requires that a social security number appear in the document.
    (ii)     The document is sent as part of an application or enrollment process initiated by the
             individual.
    (iii)    The document is sent to establish, confirm the status of, service, amend, or terminate
             an account, contract, policy, or employee or health insurance benefit or to confirm
             the accuracy of a social security number of an individual who has an account,
             contract, policy, or employee or health insurance benefit.
    (iv)     The document or information is mailed by a public body under any of the following
             circumstances:

             (a) The document or information is a public record and is mailed in
                 compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to
                 15.246
             (b) The document or information is a copy of a public record filed or recorded with a
                 county clerk or register of deeds office and is mailed by that office to a person
                 entitled to receive that record.
             (c) The document or information is a copy of a vital record recorded as provided by
                 law and is mailed to a person entitled to receive that record.

    (v)      The document or information is mailed by or at the request of an individual whose
             social security number appears in the document or information or his or her parent or
             legal guardian.

(2) Subsection (1) does not apply to any of the following:

(a) A use of all or more than 4 sequential digits of a social security number that is authorized or
required by state or federal statute, rule, or regulation, by court order or rule, or pursuant to legal
discovery or process.

(3) It is not a violation of subsection (1)(b) or (g) to use all or more than 4 sequential digits of a
social security number if the use is any of the following:

(a) An administrative use of all or more than 4 sequential digits of the social security number the
ordinary course of business, by a person or a vendor of a person or a vendor or contractor of a
person, to do any of the following:

   (i)      Verify an individual’s identity, identify an individual, or do another similar
            administrative purpose related to an account, transaction, product, service, or
            employment or proposed account, transaction, product, service, or employment.
   (ii)     Investigate an individual’s claim, credit, criminal, or driving history.
   (iii)    Detect, prevent, or deter identity theft or another crime
   (iv)     Lawfully pursue or enforce a person’s legal rights, including, but not limited to, an
            audit, collection, investigation, or transfer of a tax, employee benefit, debt, claim,
            receivable, or account or an interest in a receivable or account.
   (v)      Lawfully investigate, collect a spousal obligation or tax liability.
   (vi)     Provide or administer employee or health insurance or membership benefits, claims,
            or retirement programs.

(b) A use of all or more than 4 sequential digits of a social security number as a primary account
number that meets both of the following;

   (i)      The use began before the effective date of this act.
   (ii)     The use is ongoing, continuous, and in the ordinary course of business. If the use is
            stopped for any reason, this subdivision no longer applies.




                                              Page 21 of 26
Section 4. Privacy policy

(1) Effective January 1, 2006, all employees for the City of Muskegon are required to abide by the
Social Security Policy.

(a) All information that contains social security numbers must be handled discretely and remain
confidential

(b) Prohibits unlawful disclosure of the social security numbers.

(c) Employees will only have access to social security numbers on a need to know basis and if it
pertains the ordinary course of business.

(d) All documents that contain social security numbers must be shredded or destroyed in a
manner that information is no longer legible.

Section 5. Exemption from disclosure
All or more than 4 sequential digits of a social security number contained in a public record are
exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246, pursuant to section 13(1)(d) of the freedom of information act, 1976 PA 442, MCL
15.243.

Sec. 6. Violation of Privacy Policy
(1) A person who violates section 3 with knowledge that the person's conduct violates this act is
guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not
more than $1,000.00, or both.

(2) An individual may bring a civil action against a person who violates section 3 and may recover
actual damages. If the person knowingly violates section 3, an individual may recover actual
damages or $1,000.00, whichever is greater. If the person knowingly violates section 3, an
individual may also recover reasonable attorney fees. Except for good cause, not later than 60
days before filing a civil action, an individual must make a written demand to the person for a
violation of section 3 for the amount of his or her actual damages with reasonable documentation
of the violation and the actual damages caused by the violation. This subsection does not apply
to a person for conduct by an employee or agent of the person in violation of a privacy policy
created pursuant to section 4 or in compliance with the fair credit reporting act, 15 USC 1681 to
1681v, or subtitle A of title V of the Gramm-Leach-Bliley act, 15 USC 6801 to 6809, if the person
has taken reasonable measures to enforce its policy and to correct and prevent the reoccurrence
of any known violations.


XXIV. WATER AND SEWER POLICIES

CHARGES FOR LATE PAYMENTS

Bills not paid by the due date shall be subject to a service charge equal to ten (10%) percent of
the billing. In the event a delinquent bill must be spread on the taxes, for the purpose of covering
associated administrative costs, an additional service charge equal to twenty (20%) percent with
a minimum service charge of $25.00 and a maximum service charge of $100.00 of the original
delinquent billing amount shall be charged.




                                            Page 22 of 26
ADJUSTMENT OF BILLS FOR MAJOR LEAKS


RESIDENTIAL WATER/SEWER LEAK ADJUSTMENT REGUALTIONS
The purpose of these regulations is to promote water conservation by encouraging customers to
promptly fix leaks and plumbing problems and to establish guidelines that provide fair and
consistent treatment of customers requesting leak adjustments.



TYPES OF ADJUSTMENTS

            1) Adjustments for leaks where water was discharged into the sanitary sewer
               system.
            2) Adjustments for leaks where water was not discharged into the sanitary sewer
               system.

RULES
No more than one leak adjustment will be allowed in any two year (24 month) period.

No more than two consecutive billing periods will be adjusted.

The request must be made within 30 days of the due date for the period initially involved and
must be accompanied by the following:

                A written statement from the customer describing the nature of the problem, the
                date repairs were completed, and copies of the paid receipts for services and/or
                supplies (where applicable).
                Current readings (at the time of the request) from both the meter and remote
                device to be furnished by customer.

Leak adjustments will be based on metered usage experience after repairs are made and will be
made only if usage is demonstrably reduced (after adjusting for any extenuating circumstances).

If lost water entered the sanitary sewer system, leak adjustments to the customer’s water and
sewer billing will equal 25% of the estimated loss for no more than two billing periods.

If the lost water did not enter the sanitary sewer system (i.e. leaks in crawl spaces or into the
ground) water charges will be adjusted 25% of the estimated loss for no more than two billing
periods and sewer charges will be adjusted to normal usage based on prior year’s usage
patterns.

If a leak is suspected but cannot be detected by the occupant or owner, additional assistance
may be requested from the Water Maintenance Department at no charge to the customer.



SHUTOFF PRACTICES

While the City is authorized to shut off water service for any delinquent bill, the City will normally
shut off water or sewer service if the charges to the premises or the meter in question are
delinquent in the amount of $50.00 or more. This amount and practice shall vary, and the
threshold amount for shutoff may be changed by the decision of the City Manager, from time to
time, to an amount less or more than $50.00. This decision shall be made by the City Manager




                                             Page 23 of 26
threshold amount for shutoff may be changed by the decision of the City Manager, from time to
time, to an amount less or more than $50.00. This decision shall be made by the City Manager
based on the administrative and enforcement availability and capability of City personnel, and the
cost incurred by the City by using this method of enforcement.


BILLING INITIATION AND SERVICE CHANGES

Because state law dictates that a municipality that provides municipal water and sewer service to
a property shall have a lien against the premises, the City requires that the legal property owner
sign on for water and/or or sewer billing service and sign off for water and/or sewer service. The
owner must approve any billing changes by signing an application for service form located at the
Treasurer’s Office/Water Billing Department. Positive identification is required to be provided.




BILLING CYCLES

For the purpose of reading water meters and billing customers, the city is divided into districts.
The meters for each district are read monthly and the customer accounts are also billed each
month with bills being due at least 15 days after the billing date.


E-BILLING

City water and sewer customers can sign up to receive their monthly bill in paperless format via
the internet. Customers that agree to receive their monthly water and sewer bill via the internet
help save paper, printing and postage costs and also receive a credit on their monthly bill.


AUTOMATIC PAYMENT (AUTOPAY)

City water and sewer customers can sign up to automatically pay their water and sewer bill in the
Automatic Pay program. Under the Automatic Pay program the customer’s water bill payment is
automatically deducted from their bank checking account or charged to their credit card account
each month when the bill is due. Customers enrolled in the Automatic Pay program receive a
credit on their monthly bill.


WATER/SEWER AFFIDAVIT

Property owners who desire, pursuant to MCL123.165, to avoid a tenant’s unpaid water/sewer bill
from becoming a lien against the real estate, may execute an affidavit and file it with the City of
Muskegon Water/Sewer Billing Department, 933 Terrace Street, Muskegon, MI 49440, together
with a deposit of an amount which may be established from time to time by the Muskegon City
Commission. A copy of the executed lease agreement must also be provided. The owner is
required to use the affidavit form provided by the City. The requirements and contents of the
affidavit are as follows:

     1) The written lease with tenant; said lease must specifically provide that the tenant, not
        the owner of the property, is directly responsible for all water and sewer bills associated
        with the unit under lease to that tenant.




                                             Page 24 of 26
     2) The affidavit must be filled in completely, accurately, signed and notarized. If it is not
        correctly and completely filled out, signed and notarized, any benefits allowed pursuant
        to MCL 123.165 will not be available to the property owner.


     3) If there is more than one property owner or tenant; said affidavit must provide all
        applicable names. All required data must provide for said affidavit to be valid and
        enforceable.

     4) The affidavit must contain the exact date upon which the tenant’s written lease
        terminates. If the lease is extended, the extension must be in writing and the new
        termination date provided to the City with an affidavit containing the new information.

     5) The required deposit must be paid at the time of submission of the affidavit to the City.



XXV. POVERTY EXEMPTION INCOME GUIDELINES

The guidelines shall include but not be limited to the specific income and asset levels of the
claimant and all persons residing in the residence, including any property tax credit returns filed
in the current or immediately preceding year.

To be eligible, a person shall do all of the following on an annual basis:

        1) Be an owner of and occupy as a principal residence the property for which an
           exemption is requested.
        2) File a claim with the City Assessor or Board of Review, accompanied by Federal and
           State Income tax returns for all persons residing in the residence, including any
           property tax credit returns filed in the immediately preceding year or current year.
        3) Produce a valid driver’s license or other form of positive identification if requested.
        4) Produce a deed, land contract, or other evidence of ownership of the property for
           which an exemption is requested if requested.
        5) Meet the Federal poverty income guidelines as defined and determined annually by
           the United States Office of Management and Budget (or its successor).
        6) Total household assets, except for the principal residence being claimed, essential
           household goods, and one motor vehicle, may not exceed one quarter (25%) of the
           Federal poverty guideline for the entire household. Assets include, but are not
           limited to real estate, motor vehicles, recreational vehicles and equipment, time
           shares, certificates of deposit, savings accounts, checking accounts, stocks, bonds,
           life insurance, retirement funds, antiques and collectibles, etc. Assets do not include
           basic essential household goods such as furniture, appliances, dishes and clothing.
           The value of assets will not be reduced by the amount of any indebtedness owed on
           such assets, or any indebtedness otherwise owed by the applicant or members of
           the household.
        7) The applicant must be able to produce evidence as requested that they have owend
           and occupied the residence for a minimum of two years before tax day of the year in
           which they seek the exemption.
        8) The State Equalized Value of the property for which the exemption is claimed shall
           not exceed the mean average for residentially-classed properties in the City of
           Muskegon for the current tax year.

The Board of Review shall follow the above stated policy and Federal guidelines in granting or
denying an exemption, unless the Board of Review determines there are substantial and
compelling reasons why there should be a deviation from the policy and Federal guidelines and
these are communicated in writing to the claimant.




                                             Page 25 of 26
XXVI. INCOME TAX POLICIES
PAYMENT AGREEMENTS

The City of Muskegon Income Tax Office does accept payment agreements. The terms of the
agreement are as follows:

        Twenty five percent (25%) of the total tax due for all years must be paid plus a $15.00
        fee.
        The remaining balance must be paid one year from the inception of the agreement.
        All future tax liabilities must be paid on time. This includes withholding tax payments if
        required.
        Interest and penalties will continue to accrue until the payment plan is paid in full.
        The City of Muskegon has the right to void this agreement at anytime.

If the taxpayer does not remain current on their payment agreement the City of Muskegon has
the right to pursue payment through the court system or a collection agency.

WRITE OFF POLICY

The Income Tax Department may write off income tax liability deemed not collectable due to
death or other reason. The Income Tax Administrator is authorized after ten (10) years to review
and to write off total tax liability of a taxpayer up to $15,000. Income Tax liability over $15,000
requires City Commission approval before a write off can occur.

PROOF OF RESIDENCY

The City of Muskegon Income Tax follows the State of Michigan law to determine residency.

Resident means an individual domiciled in the city. Domicile means a place where a person has
true, fixed and permanent home and principle residence.

Michigan law defines principal residence as the one place where a person has his or her true,
fixed, and permanent home to which, whenever absent he or she intends to return and that shall
continue as a principal residence until another principal residence is established.

In order to verify a person’s claim that a particular property is a principal residence, the City of
Muskegon will accept various documents that, taken together, to establish that the person or
persons is a resident. Examples include drivers license, voter registration card, state
identification cards, property tax records, mortgage deeds, rental agreements, income tax
records and other documentation. No one of these factors taken alone is controlling over any
other factor.




                                            Page 26 of 26
Date:        September 13, 2011
To:          Honorable Mayor and City Commissioners
From:        Public Safety
RE:          Application for Special License (Liquor Control
             Commission)




SUMMARY OF REQUEST: The Little Red House Inc. has submitted an application
for a Special License for Beer, Wine and Spirits for consumption on the premises for
September 24, 2011. This license is for a fundraiser dinner/dance to be held on the
USS LST 393, 560 Mart Street.

The Foundation meets all of the requirements for the special license with the
exception of the request for “spirits”. Commission policy dictates that any special
license request which includes spirits must be considered and approved by the body.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Staff has no recommendation.

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