City Commission Packet 05-26-2009

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  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                      MAY 26, 2009
 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. Acceptance of First Street into the City’s Street System. ENGINEERING
  C. Request to Submit a Grant Application for Getty Street, Laketon to
     Evanston. ENGINEERING
  D. Rezoning Request for Property Located at 1221 W. Laketon Avenue.
     PLANNING & ECONOMIC DEVELOPMENT
  E. Gaming License Request. CITY CLERK
  F. Paying Agent Services. FINANCE DIRECTOR
  G. Aggregates, Highway Maintenance Materials. PUBLIC WORKS
  H. Purchase of Properties Through the City’s Neighborhood Stabilization
     Program. COMMUNITY & NEIGHBORHOOD SERVICES
  I. Approval of Contractor for Rehabilitation of House at 940 Wood.
     COMMUNITY & NEIGHBORHOOD SERVICES
  J. Approval of Contractor for Lead Abatement of House at 940 Wood.
     COMMUNITY & NEIGHBORHOOD SERVICES
PUBLIC HEARINGS:
  A. Request for an Industrial Facilities Exemption Certificate – Great Lakes
     Die Cast. PLANNING & ECONOMIC DEVELOPMENT
   COMMUNICATIONS:
   CITY MANAGER’S REPORT:
   UNFINISHED BUSINESS:
   NEW BUSINESS:
       A. Concurrence with the Housing Board of Appeals Notice and Order to
          Demolish 1692 Hoyt Street and 1451 Leahy Street. 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:
   ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD:
(231) 724-4172.
Date:    May 26, 2009
To:      Honorable Mayor and City Commissioners
From:    Ann Marie Becker, City Clerk
RE:      Approval of Minutes




SUMMARY OF REQUEST: To approve minutes for the May 11th
Commission Worksession, and the May 12th Regular Commission
Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                       City of Muskegon
                                 City Commission Worksession
                                         May 11, 2009
                                  City Commission Chambers
                                            5:30 PM

                                          MINUTES

2009-40
Present: Commissioners Warmington, Carter (arrived 5:35 p.m.), Wierengo, Shepherd,
Wisneski, Gawron, and Spataro.
Absent: None.

Amoco Seawall Presentation.
Sidock Group, Inc. presented a report regarding the seawall located at the Amoco Terminal site.
Sidock Group has been asked to recommend alternatives to the city seawall that has failed in
some locations. Three alternatives were offered. They include partial replacement, complete
replacement, and shoreline re-naturalization.

Mohammad Al-Shatel reminded the Commission that a fourth option is to do nothing.

The City Commission received the report and will give it further consideration.

Richards Park – Muskegon Conservation District.
Jeff Hout and Harry Wierenga, of the Muskegon Conservation District, made a conceptual
presentation to the City Commission to build a 6,000 to 8,000 square foot building at Richards
Park to host a variety of events and activities.

Muskegon Conservation District raises most of their funding through grants.

The Commission agreed that it is worth looking into further.

Retirement Prescription Program.
Moved by Commissioner Spataro, seconded by Commissioner Wisneski to approve the
police and fire prescription services for retirees as presented.

                                                                   ROLL CALL VOTE:

Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, and Spataro.
Nays: None.
Absent: Shepherd.

                                                                   MOTION PASSES
Assessor’s Office Move.
Muskegon County has approached the City of Muskegon asking that the city’s assessing office
be moved to the Muskegon County Equalization Department.

Tim Paul, Finance Director, stated that he can not recommend approval of the request at this
time. He indicated that staff has concerns that information will not be available electronically
making it difficult for departments who access the information on a regular basis.

Commissioners indicated they will review the request once Muskegon County is able to have a
computer system up and running so information will be available in electronic format to city
staff.

National League of Cities Update.
The National League of Cities Economic Steering Committee has indicated an interest in hosting
its September meeting in Muskegon. A list of host responsibilities has been presented and the
cost is estimated to be $5,000.

City Clerk, Ann Marie Becker, informed the Commission that $3,000 in sponsorships has been
secured. They include:

DTE $1,000
Muskegon Convention Visitors Bureau $750
City of North Muskegon $250
Michigan Municipal League $1,000

The City of Norton Shores will consider a $250 sponsorship at its May meeting.

All tours for the committee have been donated as well.

Commissioners Spataro, Wierengo, and Gawron volunteered funds from their travel budget.

Motion by Commissioner Spataro, seconded by Commissioner Wierengo to sponsor the
National League of Cities Economic Steering Committee’s September visit and contribute
$1,000 toward the cost.

                                                                            MOTION PASSES

Resolution of Support – Bike Time.
Motion by Commissioner Shepherd, seconded by Commissioner Spataro to approve the
resolution supporting Bike Time 2009 contingent upon approval of the application from
the Leisure Services Board.

                                                                            MOTION PASSES

Deficit Elimination Plan for Home Rehabilitation Fund and Brownfield Redevelopment
Authority Fund.
Motion by Commissioner Wisneski, seconded by Vice Mayor Gawron to adopt the Deficit
Elimination Plan for Home Rehabilitation Fund and Brownfield Redevelopment Authority
Fund resolution as presented.

                                                                 MOTION PASSES

Any Other Business.

Milwaukee Clipper
Motion by Commissioner Carter, seconded by Commissioner Spataro to extend the
deadline for a business plan for the Milwaukee Clipper until August 15, 2009.

Ayes: Warmington, Wierengo, Carter, Gawron, Shepherd, and Spataro.
Nays: Wisneski.

                                                                 MOTION PASSES

Adjournment
Motion by Commissioner Carter, seconded by Commissioner Shepherd to adjourn at 7:03
p.m.

                                                          MOTION PASSES



                                                    ________________________
                                                     Ann Marie Becker, MMC
                                                          City Clerk
       CITY OF MUSKEGON
         CITY COMMISSION MEETING
                             MAY 12, 2009
      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, May 12, 2009.
    Mayor Warmington opened the meeting with a prayer from Public Works Director
Robert Kuhn after which the Commission and public recited the Pledge of Allegiance
to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
   Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Chris Carter, Clara Shepherd, Lawrence Spataro, Sue Wierengo, and
Steve Wisneski, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Ann Marie Becker.
2009-41 HONORS AND AWARDS:
      A. Darl Staley.
Mayor Warmington introduced Glen, Peg and Bonnie Jorgenson (Darl’s family); and
our firefighters Pete Hughes and Mark Kincaid. He then read the resolution
commemorating the life and giving of Darl Staley, who was a firefighter for the City
for 29 years. The resolution will be displayed in the new Central Fire Station.
2009-42 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting
that was held on Tuesday, April 28th.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Revocation of a Neighborhood Enterprise Zone Certificate. PLANNING &
         ECONOMIC DEVELOPMENT
Removed per staff request.
      C. Granting of Easement to Pro Fab, Inc.          PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: To grant an easement across the City-owned property
located at 1690 Creston to Pro Fab, Inc., 1608 Creston Avenue. The easement will be
used as a driveway for trucks to access the loading dock area at the side of their
building. The only other access they have is through their parking lot. Although Pro
Fab, Inc. is in Muskegon Township, by granting this easement, Pro Fab, Inc. will be
able to expand on their building and provide for more jobs.
FINANCIAL IMPACT: Pro Fab, Inc. has agreed to pay a one-time amount of $500 for
this easement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To grant the easement to Pro Fab, Inc. and have the
Mayor and Clerk sign the agreement.
      D. Concession Contract for Pere Marquette Park. PUBLIC WORKS
SUMMARY OF REQUEST: Permission to enter into a one-year contractual agreement
with Ken Huston of Amazing Gift Direct, LLC for operating a concession (The Island
Concession) at P.M. Park.
FINANCIAL IMPACT: Contract revenue is unknown at this time. Approximately $325-
$1,200 per year in revenue was received from previous vendor (Dan Etterman of
Sandy Bottoms Concession) during the 2003-2008 contracts.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve request.
COMMITTEE RECOMMENDATION: The Leisure Services Board has been notified of
intended contractual agreement.
      E. Consideration of Bids for Watermain Replacement on Barclay, Larch to
         Ireland (W-710). ENGINEERING
SUMMARY OF REQUEST: Award the watermain replacement project on Barclay from
Larch to Ireland (W-710) to Thompson Brothers, Inc. out of Twin Lake, MI since they
were the lowest responsible bidder with a total bid price of $105,584.25.
FINANCIAL IMPACT: The construction cost of $105,584.25 plus engineering cost which
is estimated at an additional 15%.
BUDGET ACTION REQUIRED: This project was budgeted at $85,000 thus the budget
will have to be revised in the second quarter reforecast to address the $35,000
shortfall between cost and budgeted numbers.
STAFF RECOMMENDATION: Award the contract to Thompson Brothers, Inc.
      F. Evergreen Cemetery Irrigation Well Bids. CEMETERY/FORESTRY
SUMMARY OF REQUEST: Authorize staff to accept the alternate bid from Brass-Mar
Water Wells. Their alternate bid of $23,402 is for the same size well (eight inch casing),
but with a smaller pump motor, 15hp instead of the 25hp. The 15hp motor will
adequately irrigate Evergreen Cemetery. The only additional cost will be to upgrade
the electric service at Evergreen Cemetery from a 100 amp service to a 200 amp
service to accommodate the new well pump for an estimated cost of $2,000.
FINANCIAL IMPACT: Less than $27,000 total.
BUDGET ACTION REQUIRED: This project is on the 2009 Capital Improvement Budget
for $30,000.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Brass-Mar
Water Wells to drill well and install and connect with the present irrigation system.
      G. Budgeted GPS Purchase. PUBLIC WORKS
SUMMARY OF REQUEST:       Approval to purchase 11 GPS receivers from Advanced
Tracking Technologies.
FINANCIAL IMPACT: Cost $9,558.45.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:        Approve purchase of GPS receivers from Advanced
Tracking Technologies.
      H. Budgeted Vehicle Purchase. PUBLIC WORKS
SUMMARY OF REQUEST:         Authorize staff to purchase two Ford Rangers from
Vanderhyde Ford.
FINANCIAL IMPACT: Cost $23,594.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to purchase the two trucks.
      I. Request to Purchase Fire Engine. PUBLIC SAFETY
SUMMARY OF REQUEST: Fire Department staff solicited bids for the procurement of a
fire engine. The engine would be a standard front-line engine which would replace
our current Engine 25. The low bid, which meets all stated specifications, was
submitted by Crimson Fire, 907 7th Avenue, Brandon, South Dakota. Crimson is a
subsidiary of Spartan Motors of Charlotte, Michigan. The bid price submitted by
Crimson is $507,963. This price is over the budget allotted for this purchase.
FINANCIAL IMPACT: Funds for this purchase would be drawn from the City’s Public
Improvement Fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Reject the bid because it is over budget, but allow Fire
Department staff to enter into negotiations with Crimson Fire to purchase a fire
engine that would meet budget guidelines.
      J. Interlocal Agreement – Justice Assistance Grant. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the Commission
authorize the Director and the City Manager to enter into an agreement with the
following municipalities and the County of Muskegon in regards to the disbursement
of the 2009 Justice Assistance Grant. The municipalities include the Village of
Fruitport, the City of Muskegon Heights, the City of Norton Shores and Muskegon
Charter Township. The money in this grant will be shared by these entities. The funds
allocated to our City will be used to pay for the following for the next two years:
   •   Reinstatement of the summer programs at Sheldon and McCrea Parks
   •   Development of an evening recreation program aimed at teens
   •   Development of a police cadet program
   •   Lease payments on narcotics vehicles
Total award amount to the City is $174,535.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve the
Consent Agenda as presented.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski, and
           Carter
            Nays: None
MOTION PASSES
2009-43 NEW BUSINESS:
       A. Gaming License Request.
SUMMARY OF REQUEST: The Muskegon Junior Sailing Association is requesting a
resolution recognizing them as a non-profit organization operating in the City for the
purpose of obtaining a Gaming License. They have been recognized as a 501(c)(3)
organization by the State.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Commissioner Carter to approve the
gaming license request.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter, and
           Gawron
            Nays: None
MOTION PASSES
       B. 2009 Assistance to Firefighters Grant. PUBLIC SAFETY
SUMMARY OF REQUEST: The Deputy Director of Public Safety for Fire Services requests
that the Commission authorize the submission of this grant request. The request is for
three pieces of equipment and is described as follows:
   •   A diesel exhaust system for Station 5 on Marquette. Such a system removes
       diesel fumes as the apparatus enters/leaves the station. This station has never
       had such a system. Cost: $55,000.
   •   A diesel exhaust system for Station 4 on Lakeshore Drive. A system was installed
       at the time this station was constructed but is no longer operable. Cost:
       $31,000.
   •   An emergency generator for Station 5. The current generator does not
       adequately power this station. Cost: $20,000.
Total cost for these three items is $106,000. The grant requires a 10% match equaling
$10,600.
FINANCIAL IMPACT: The match money is available in the Public Improvement Fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the grant
submission.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron, and
           Shepherd
             Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard.
ADJOURNMENT: The City Commission Meeting adjourned at 5:49 p.m.


                                            Respectfully submitted,




                                            Ann Marie Becker, MMC
                                            City Clerk
Date:        May 26, 2009
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          Acceptance of First Street into the City’s Street System


SUMMARY OF REQUEST:
Adopt the attached resolution accepting First Street from the Alley south of Western to
Morris into the City’s street system. The previously approved resolution of February 10,
2009 contained inaccurate descriptions of First Street limits.



FINANCIAL IMPACT:
None.



BUDGET ACTION REQUIRED:
None.

STAFF RECOMMENDATION:
Adopt the attached resolution.



COMMITTEE RECOMMENDATION:
                                              CITY OF MUSKEGON

                                         RESOLUTION NO._________

        At a regular meeting of the City Commission of Muskegon, Michigan, held at the City

Commission Chambers on ____________________________, 2009

                                                          RECITALS

        THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES:

   1. The City of Muskegon has a perpetual easement/ownership over certain streets known as First between
   Western Ave. & Morris; & First Street between from 123.65’ south of Western Ave. (Alley) to Western Ave.
   2. It is necessary to furnish certain information to the State of Michigan to place this street

   within the City’s Local Street System for the purpose of obtaining funds under Act 51, P.a.

   1951, as amended.

NOW, THEREFORE, BE IT RESOLVED:

   1.   That the legal descriptions of said streets are described as:


See attached Exhibits A (easement agreement – Burdened and Easement
Property) and & B
        2.       That said streets are located within a City’s right-of-way, are on City controlled

                 Properties, and are under the control of the City of Muskegon.

        3.       That said streets are public streets and are for public street purposes.
4.     That said streets are accepted into the City Local Street System and were open to public

       traffic before December 31, 2008.

Resolution duly adopted.

YEAS___________________________________________________________________________

_________________________________________________________________________

NAYS__________________________________________________________________


                                    CITY OF MUSKEGON

                                 By_________________________

                                  Ann Marie Becker, City Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON

       I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the Board of Commissioners of the City of Muskegon, Michigan, held on the _____day
of _____________, 20__, and that the minutes of the meeting are on file in the office of the City
Clerk and are available to the public. Public notice of the meeting was given pursuant to and in
compliance with Act 267, Public Acts of Michigan, 1976.


                                                                  _________________________
                                                                  Ann Marie Becker, City Clerk
Date:         May 26, 2009
To:           Honorable Mayor and City Commission
From:         Engineering
RE:           Request to Submit a Grant Application for Getty St.; Laketon to
              Evanston


SUMMARY OF REQUEST:
Authorize staff to submit a request for grant application to MDOT for TEDF-F funds to
reconstruct Getty Street from Laketon to Evanston. The request is for $380,000 and will
require a match of up to $150,000 which will be budgeted for in 2010 since the request is
for 2011 funding year.


FINANCIAL IMPACT:
A local share of $150,000 match plus engineering costs.



BUDGET ACTION REQUIRED:
None at this time.


STAFF RECOMMENDATION:
Authorize staff to submit the application.

COMMITTEE RECOMMENDATION:
Date:      May 26, 2009
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Becker, City Clerk
RE:        Gaming License Request




SUMMARY OF REQUEST:                 The Muskegon Big Red Athletic
Foundation is requesting a resolution recognizing them as a non-profit
organization operating in the City for the purpose of obtaining a Gaming
License to sell raffle-calendars. They have been recognized as a
501(c)(3) organization by the State.


FINANCIAL IMPACT: None


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: Approval
Date: May 26, 2009
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Paying Agent Services


SUMMARY OF REQUEST: When the City issues bonds, it hires a “paying agent”
bank to do the recordkeeping and process principal/interest payments to bondholders over
the life of the issue. This has become a niche market and only a couple of banks currently
offer this service in the Midwest. We recently looked into consolidating our bond issues at a
single bank and, in the process, were offered an extraordinary deal by Bank of New York.
BONY is willing to perform paying agent services for an annual fee of $100/issue ($75/issue if
paid in advance). We had been considering consolidating at US Bank in conjunction with
Muskegon County for a fee of $300/issue. In further discussions with US Bank, it was clear
that they were not prepared to match BONY’s proposal.
                                                                                                                                              Proposed  Proposed Fees 
                                           Final      Current      Current  Remaining       Current Fees  Termination                         Fees Over               Over Life ‐ 
Bond Issue                  Year Issued   Maturity     Bank      Annual Fee      Years       Over Life        Fee                                   Life                 Prepaid
                                                                                    2009                                                     $              100 $                     75
Water Supply System Bonds         1993        2013   US Bank     $          750         4   $          3,000        $              (250)     $              400 $                   300
Water Supply System Bonds         1999        2019   US Bank                 350       10              3,500                         (250)              1,000                     750
SA Improvement Bonds              1998        2009   US Bank                 350        0                       ‐                                                ‐                           ‐
SA Improvement Bonds              2000        2010   US Bank                 350        1                 350                        (250)                  100                        75
Capital Improvement Bonds         2003        2016   US Bank                 250        7              1,750                         (250)                  700                     525
Capital Improvement Bonds         2006        2032   BONY                    200       23              4,600                                            2,300                  1,725
DDA Bonds                         2001        2018   BONY                    250        9              2,250                                                900                     675
LDFA Bonds                        2002        2025   US Bank                 350       16              5,600                         (250)              1,600                  1,200

                                                                 $      2,850               $       21,050 $           (1,250) $          7,000 $                5,250


FINANCIAL IMPACT:
    •        $14,550 net savings over the life of current outstanding bonds
    •        Eliminate need to process future payables checks
    •        Lock in excellent rate for future bond issues


BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:                   Authorize staff to enter into the attached agreement
with BONY, terminate current paying agent services with US Bank, consolidate all current
and future paying agent services with BONY and advance pay for these services.

COMMITTEE RECOMMENDATION: None.
                                The Bank of New York Mellon Trust Company, N.A.


           Proposal to serve as Bond Registrar, Paying Agent and Transfer Agent for
    City of Muskegon, MI - Current Outstanding Bonds with BNYM and other Institutions

                                               Fee Schedule
                                               May 19, 2009

The Bank of New York Mellon Trust Company, N.A. (BNYMTC) as Registrar, Paying Agent, and
Transfer Agent shall be entitled to payment from the Obligor for the payment of the fees, expenses
and charges as set forth in this Fee Schedule

ANNUAL ADMINISTRATION FEE:
Bond Paying/Transfer Agent and Registrar (One time)                        $75/per year times number of
                                                                           years to maturity
or Bond Paying/Transfer Agent and Registrar (Annually):                          $100

Our annual administration fee is billed for each series/bond issue annually in advance and is collected
at the closing of the issue. This fee includes the below listed items, as applicable:

•    Registrar, Transfer/Paying Agent
•    Initial Bond Account Set-up
•    Original Issuance of Bonds
•    Routine Bond Administration
•    Statements of Account/Trustee Reports
•    Asset Principal and Income Collection
•    Terminations
•    Processing of Cash Receipts
•    Routine Principal and Interest Payments to Bondholders

Note: Disclosure Agent Services not included.

LEGAL FEES                                                                             Waived
We intend to review the contracts and all supporting documentation internally. There is no additional
amount charged for the ordinary services we provide in conducting the initial legal review of the contracts
and supporting documentation.

INVESTMENT COMPENSATION
We will be pleased to hold any investments. The short-term cash can be placed in a variety of money
funds. A sweep fee of 37 basis points will be charged on all funds held. BNYMTC may receive
compensation (12b1fee) from the money fund provider. The sweep fee and 12b1 fee compensate
BNYMTC for handling the record keeping activities associated with any deposits held.

DEFAULT ADMINISTRATION FEES AND EXPENSES
In the event that a default occurs and is not cured within the appropriate time period required by the
governing documents, BNYMTC shall be paid a Default Administration Fee calculated in accordance with
BNYMTC’s hourly rate in effect at the time of the default and as may be modified by BNYMTC in its sole
discretion from time to time thereafter, plus all expenses incurred by BNYMTC, which expenses will
include the fees and expenses of Counsel. In addition, if BNYMTC is required to advance any payments,
BNYMTC shall be entitled to charge interest on such advances.
MISCELLANEOUS FEES
The fees for performing extraordinary or other services not contemplated at the time of the execution of the
transaction or not specifically covered elsewhere in this schedule will be commensurate with the service to
be provided and may be charged in BNYMTC’s sole discretion. These extraordinary services may include,
but are not limited to, supplemental agreements, consent operations, unusual releases, tender processing,
sinking fund redemptions, failed remarketing processing, the preparation of special or interim reports,
custody of collateral, a one-time fee to be charged upon termination of an engagement. Counsel,
accountants, special agents and others will be charged at the actual amount of fees and expenses billed. The
fee for non-interest bearing balances left uninvested with the Bank will be 10 basis points for the quarter,
based on quarter-end spot balance levels, in excess of $1,000,000 (held in the U.S. offices of the Bank).

OUT-OF-POCKET EXPENSES
Additional out-of-pocket expenses may include, but are not limited to, telephone; facsimile; courier;
copying; postage; supplies; statutory filing charges, including UCC amendments, continuations, and
termination fees; and expenses of BNYMTC’s representative(s) and Counsel for attending special
meetings. Fees and expenses of BNYMTC’s representatives and Counsel will be charged at the actual
amount of fees and expenses charged and all other expenses will be charged at cost.

                                        TERMS AND DISCLOSURES

TERMS OF PROPOSAL
Final acceptance of the appointment as trustee under the Indenture is subject to approval of authorized officers of
BNYMTC and full review and execution of all documentation related hereto. Please note that if this transaction
does not close, you will be responsible for paying any expenses incurred, including Counsel fees. We reserve the
right to terminate this offer if we do not enter into final written documents within three months from the date this
document is first transmitted to you. Fees may be subject to adjustment during the life of the engagement.

MISCELLANEOUS
The terms of this Fee Schedule shall govern the matters set forth herein and shall not be superseded or modified
by the terms of the Indenture. This Fee Schedule shall be governed by the laws of the State of Michigan without
reference to laws governing conflicts. BNYMTC and the undersigned agree to jurisdiction of the federal and
state courts located in the City of Detroit, State of Michigan.

CUSTOMER NOTICE REQUIRED BY THE USA PATRIOT ACT*
To help the US government fight the funding of terrorism and money laundering activities, US Federal law
requires all financial institutions to obtain, verify, and record information that identifies each person (whether an
individual or organization) for which a relationship is established.

What this means to you: When you establish a relationship with BNYMTC we will ask you to provide certain
information (and documents) that will help us to identify you. We will ask for your organization’s name,
physical address, tax identification or other government registration number and other information that will help
us to identify you. We may also ask for a Certificate of Incorporation or similar document or other pertinent
identifying documentation for your type of organization.
*Municipalities and other governmental organizations may be excluded from this notification requirement.


Accepted By:                                                For BNYMTC:

 Signature                                              Signature
 Date:                                                  Date:                    May 18, 2009

 Name:                                                  Name:                    Mike Higgins

 Title                                                  Title
                                   AGENDA ITEM NO. __________

                        CITY COMMISSION MEETING ________________


TO:            Honorable Mayor and City Commission
FROM:          Department of Public Works
DATE:          May 26, 2009
SUBJECT:       Aggregates, Highway Maintenance Materials

SUMMARY OF REQUEST:

Authorize staff to purchase crack sealing material from Lakeshore Parking Lot Maintenance, Inc. The
estimated cost based on 2008 quantities is $55,566.

Earlier this year; approval to purchase crack sealing material from a different vendor was approved.
However, after using said product for a short period of time, staff concluded that product was not the most
suitable for our applications and would like to try a different product supplied by Lakeshore Parking to
ensure optimization of tax payers’ dollars.

FINANCIAL IMPACT:

$55,566 based on 2008 quantities at 2009 quotes.

BUDGET ACTION REQUIRED:

None; funds appropriated in several budgets.

STAFF RECOMMENDATION:

Authorize staff to purchase crack sealing material from Lakeshore Parking Lot Maintenance on an as
needed bases.


COMMITTEE RECOMMENDATION:
       Purchase of Properties through the City’s Neighborhood Stabilization Program

1585 Hudson                                        1733 Manz




468 W. Forest                                      1500 Leahy
1868 Wood      370 Catherine




1189 Terrace
       Approval of Contractor for
Lead Abatement and Total Rehabilitation at
              940 Wood

 Front




 Side
       Approval of Contractor for
Lead Abatement and Total Rehabilitation at
              940 Wood

 Front




 Side
DATE:     05/04/2009

TO:       Honorable Mayor and Commissioners

FROM:     Anthony L. Kleibecker, Director of Public Safety

RE:       Concurrence with the Housing Board of Appeals Notice and Order
          to Demolish. Dangerous Building Case #: EN080277

SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1692 HOYT ST Area 13 is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.

Case# & Project Address: # EN080277 – 1692 Hoyt St

Location and ownership: This structure is located on Hoyt Street between Larch
and Dale Streets and is owned by Mark Anderson.

Staff Correspondence: A dangerous building inspection was conducted on
11/25/08. The Notice and Order to Repair was issued on 12/03/08. On 02/05/09
the HBA declared the structure substandard and dangerous.

Owner Contact: No one was present for the HBA meeting dated 02/05/09.
Notices were sent certified but returned unclaimed. All notices were resent to
forwarding address provided by Post Office. The owner’s brother contacted the
Inspection Department 03/14/09. No permits have been issued and no
inspections scheduled.

Financial Impact: CDBG Funds

Budget action required: None

State Equalized value: $11,200 (Entire property)

Estimated cost to repair: $12,000 Exterior Only

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
SUMMARY FOR: 1692 HOYT ST

This is a single family wood frame structure that has been unoccupied since November
2008. An interior inspection was performed that showed a need for extensive repairs,
including electrical, plumbing and mechanical systems. The building inspector noted a
collapsed ceiling and damaged joists. A comprehensive list was not completed due to the
amount of human waste and debris. To date no permits have been applied for at this
time.
                                 CITY OF MUSKEGON
     933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
                      DANGEROUS BUILDING INSPECTION
                                REPORT
                                Wednesday, December 3, 2008

Enforcement # EN080277         Property Address 1692 HOYT ST
Parcel #24-205-292-0009-10              Owner ANDERSON MARK

Inspector: Henry Faltinowski

Date completed: 11/25/2008

DEFICENCIES:

 Uncorrected
1. Inspect & certify chimney, water heater, space heater.
2. Provide adequate heat system for dwelling gas pressure test gas line.
3. Inspect & repair all house plumbing, leaks, etc.
4. Inspect & certify water service & building sewer.
5. Plumbing & mechanical to be assessed & brought up to 06 code.
6. House to be rewired to code.
7. Smoke alarms to be installed to code.
8. Replace electric service to code.
9. Repair all structural damage on front back porches install proper piers
for support replace all damaged joists and decking- columns and roof.
10. Repair chimney missing brick, tuck point open gaps in chimney.
11. Replace damaged worn roof coverings.
12. Interior ceiling collapsing.
13. Large amounts of debris, human waste - throughout
14. Broken out windows.
15. Remove all debris in home and provide interior inspection by all trade
inspectors.
16. Provide rafter investigation when all debris is removed. Wooden
shakes
17. Provide foundation inspection when all debris is removed.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724
6758.

Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.

_____________________________                        _______________
Henry Faltinowski, Building Inspector                     Date
DATE:     05/05/2009

TO:       Honorable Mayor and Commissioners

FROM:     Anthony L. Kleibecker, Director of Public Safety

RE:       Concurrence with the Housing Board of Appeals Notice and Order
          to Demolish. Dangerous Building Case #: EN080278

SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1451 LEAHY ST Area 11 is unsafe, substandard, a public nuisance and that it
be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.

Case# & Project Address: # EN080278 – 1451 Leahy St

Location and ownership: This structure is located on Leahy Street between
Grand and Irwin Streets and is owned by Evelyn McMillian.

Staff Correspondence: A dangerous building inspection was conducted on
11/14/07 based on a fire at the structure. The Notice and Order to Repair was
issued on 12/03/08. On 02/05/09 the HBA declared the structure substandard
and dangerous.

Owner Contact: No one was present for the HBA meeting dated 02/05/09. Owner
called to say notices had been sent to wrong address. Spoke with owner
05/05/09 and it was indicated a contract had been signed with Franklin’s to
demolish structure but no permits have been issued for that work.

Financial Impact: CDBG Funds

Budget action required: None

State Equalized value: $24,900 (Entire property)

Estimated cost to repair: $40,000

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
SUMMARY FOR: 1451 LEAHY ST

This is a single family wood framed structure that was subjected to a fire in 2007. On
November 27, 2007 a fire inspection was performed to assess the extent of the damage to
the building. The building currently remains unrepaired and the property owner has
indicated that she intends to have the building demolished.
                                  CITY OF MUSKEGON
     933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
                      DANGEROUS BUILDING INSPECTION
                                REPORT
                                Wednesday, November 26, 2008

Enforcement # EN080278         Property Address 1451 LEAHY ST
Parcel #24-205-274-0014-00     Owner MCMILLIAN EVELYN L

Inspector: Henry Faltinowski

Date completed: 11/14/2007

DEFICENCIES:

 Uncorrected
1. House to be rewired to code.
2. Smoke alarms to be installed to code.
3. Electric service to be replace/relocated to code.
4. Clean ductwork.
5. When water is established inspect plumbing in fire affected area - repair
as necessary - any plumbing repairs to meet 2003 Michigan Code.
6. Need drainline on T & P for water heater.
7. Inspect & certify furnace & water heater.
8. Pressure test gas line.
9. Must have bath vent fan - if there are vent fans inspect fan ductwork to
outside to insure it is ok.
10. Replace all charred roof rafters at north east corner of building.
11. Replace all water damaged drywall.
12. Provide egress window in basement.
13. Replace damaed siding, soffit, and facia.
14. Encapsulate or remove all smoke damage.
15. Replace or repair garage door.
16. Repair all damaged windows and doors
17. Install smoke detectors.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724
6758.

Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.

_____________________________                        _______________
Henry Faltinowski, Building Inspector                     Date

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