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CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 28, 2008
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
A. Employee Service Awards. CIVIL SERVICE
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Contract Agreement – Lockers – The Casper Corporation. PUBLIC
SAFETY
C. Rezoning Request for Properties Located at 2320 and 2350 S. Getty
Street. PLANNING & ECONOMIC DEVELOPMENT
D. Rezoning Request for Properties Located in Area 8 Bounded by Keating
Ave., Madison St., Holbrook Ave. and S. Getty St. PLANNING &
ECONOMIC DEVELOPMENT
E. Resolution to Adopt Identity Theft Program Policy. TREASURER
F. Meter Reading Radio Equipment Purchase 2009. PUBLIC WORKS
G. Consideration of Bids for B-237 Richards Park WWTP Building Demolition.
ENGINEERING
H. Admiral Petroleum, 11 E. Muskegon Ave., Request for an Encroachment
Agreement. ENGINEERING
I. Support for Michigan Lighthouse Conservancy. PLANNING &
ECONOMIC DEVELOPMENT
J. Liquor License Request, Clay Avenue Cellars, Inc., 611 W. Clay Avenue.
CITY CLERK
PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate Transfer, SAF
Holland. PLANNING & ECONOMIC DEVELOPMENT
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 254 Amity Avenue. PUBLIC SAFETY
NEW BUSINESS:
A. Vacation of the North Easterly Portion of the Alley Bounded by Eighth,
Clay, Ninth and Western. PLANNING & ECONOMIC DEVELOPMENT
B. Commercial Rehabilitation Tax Abatement Districts Policy. PLANNING
& ECONOMIC DEVELOPMENT
C. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the following: PUBLIC SAFETY
769 Washington – Area 12
640 Catawba
143 W. Southern – Area 10b
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.
AGENDA ITEM
CITY COMMISSION MEETING
October 28, 2008
TO: Honorable Mayor and City Commissioners
FROM: Karen Scholle, Civil Service Personnel Director
DATE: October 8, 2008
RE: 2008 Employee Service Awards
SUMMARY OF REQUEST:
Commission participation in the 2008 Employee Service Awards presentations during
Honors and Awards portion of City Commission meeting.
FINANCIAL IMPACT:
Included in 2008 Civil Service budget.
BUDGET ACTION REQUIRED:
None. This is a 2008 Civil Service Budget item.
COMMITTEE RECOMMENDATION:
N/A
STAFF RECOMMENDATION:
Staff respectfully requests your participation in this year’s service awards event.
Date: October 28, 2008
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the October 13th
Commission Worksession, and the October 14th Regular Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
City Commission Worksession
October 13, 2008
City Commission Chambers
5:30 PM
MINUTES
2008-85
Present: Commissioners Warmington, Wierengo, Wisneski, Gawron, Shepherd, and Spataro, and
Carter (arrived 5:42 p.m.).
Absent: None.
Presentation: Old Landfill. David Farhat
David Farhat made a presentation to develop the old landfill located on the causeway by developing
a nature preserve and creating a regional law enforcement training facility.
He will continue to keep the City Manager informed of any developments.
Presentation: Milwaukee Clipper
Dr. Hill made a presentation seeking the Commission’s input to move the Milwaukee Clipper be
moved to the old site of the Port City Princess at the Hartshorn Marina.
Wisneski moved, Carter seconded, to approve allowing the Milwaukee Clipper to move to the
Hartshorn Marina site as a temporary location till research can be completed to determine if
it is an appropriate long-term location, and that it has a specific timeline and that the final
agreement comes back to the City Commission for final approval.
MOTION PASSES.
Pigeon Key Boat Slip
Mr. Richard P. Stutzman made a presentation regarding a boat slip at Pigeon Key that the City
recently purchased from the County for back taxes. He is asking that the City re-consider and allow
him the boat slip.
Spataro moved, Shepherd seconded, to refer this matter back to staff for a recommendation
at next months worksession meeting.
MOTION PASSES.
DSE, Ann Bratsburg
This item will be placed on the next worksession agenda.
AmTrak, John Langdon
Mr. Langdon asked that the City Commission consider passing a resolution to increase current
funding level for the state-supported Pere Marquette passenger train to add a second daily train out
of Chicago to arrive in Grand Rapids before noon.
Spataro moved, Shepherd seconded, to adopt the resolution of support to increase current
funding level for the stat-supported Pere Marquette passenger train to add a second daily
train out of Chicago to arrive in Grand Rapids before noon.
MOTION PASSES.
Film & Music Policy – City of Muskegon. Planning & Economic Development
Cathy Brubaker-Clarke, Community & Economic Development Director, presented a proposed
Film & Music Policy.
Timeline – Tax Abatements. Bryon Mazade
The City has been approached by companies asking that the City consider a longer timeline than
what is currently in the City policy.
The City Commission will evaluate each request on a case-by-case basis.
Congress of Cities Registration. Commissioner Shepherd
Commissioner Shepherd requested that the City Commission consider paying the registration fee of
$525 to the Congress of Cities Registration.
Commissioner Wierengo and Carter have volunteered to take the fees from their budgets.
Branding. Vice Mayor Gawron
Vice Mayor Gawron presented the branding concept, Simply Muskegon! To the City Commission.
Adjournment
Meeting adjourned at 7:25 p.m.
________________________
Ann Marie Becker, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 14, 2008
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, October 14, 2008.
Mayor Warmington opened the meeting with a prayer from Vice Mayor
Gawron after which the Commission and public recited the Pledge of Allegiance to
the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Lawrence Spataro, Sue Wierengo, Steve Wisneski, and Clara
Shepherd, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Ann Marie Becker.
Absent: Commissioner Chris Carter (excused).
2008-86 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, September 23rd.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Information Use Agreements. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting the Commission’s
approval to enter into Information Use Agreements with a variety of state
Department of Motor Vehicle agencies from around the country. These agreements
will allow the police department to access information needed for parking and
abandoned vehicle enforcement. We currently have one agreement pending with
the Commonwealth of Virginia and expect more agreements in the near future.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
C. Film & Music Policy – City of Muskegon. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The State of Michigan is offering a lucrative tax incentive
package to companies filming within the State. This has been fortunate for the City
of Muskegon, as some of these film companies are asking to film in Muskegon. In
addition, there are plans for a major film studio to locate in the City. The Muskegon
Events Committee is working on this issue, including developing the best ways to
meet the needs of the film companies. In addition, City staff has determined that a
City of Muskegon Film & Music Policy is needed to assist in streamlining the process for
film and music companies, while considering the needs and demands on City
services. Therefore, a Film & Music Events Policy is being presented to the City
Commission for consideration and approval.
FINANCIAL IMPACT: The Policy will allow for collection of fees for various City services,
while leaving the exact amounts flexible, depending on the needs of the specific film
and/or music company and the demands on City services.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Policy.
D. SECOND READING: Rezoning Request for Property Located at 1338 S. Getty
Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 1338 S. Getty
Street, from B-4, General Business District to R, One Family Residential District.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the request at their September 11th meeting. The vote was unanimous, with T.
Michalski, B. Larson and J. Aslakson absent.
E. SECOND READING: Amendment to the Zoning Ordinance – Outdoor
Seating. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2308, #2 (Outdoor Seating) of
Article XXIII (General Provisions) to require a minimum of six feet of paved area for
pedestrian circulation.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance
to require a minimum of six feet of paved area for pedestrian circulation.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the request at their September 11th meeting. The vote was unanimous with T.
Michalski, B. Larson, and J. Aslakson absent.
F. West Michigan Metropolitan Transportation Plan (WestPlan) Dues, FY2009.
CITY MANAGER
SUMMARY OF REQUEST: To approve the City of Muskegon’s portion of the WestPlan
dues for Fiscal Year 2009, payable to West Michigan Shoreline Regional Development
Commission. This agency determines projects and distributes federal transportation
funds.
FINANCIAL IMPACT: $16,040.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve this request.
G. Request to Purchase Humidification Equipment for Central Fire Station.
PUBLIC SAFETY
SUMMARY OF REQUEST: Fire Department staff is requesting approval by the
Commission to allow for the procurement and installation of humidification
equipment for the Central Fire Station. The low bid, which meets all stated
specifications, was submitted by Northside Heating, Cooling, & Refrigeration, 2175
Riegler Rd., Muskegon, MI 49445 for $22,710. The only other bid received was from
Rite-Way Plumbing & Heating, 2083 Walker Ct. NW, Grand Rapids, MI 49544 for
$22,795.
FINANCIAL IMPACT: Funds for this purchase are provided for in the building fund for
the new Central Fire Station.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
H. Budgeted Vehicle Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Approve purchase of two Dodge Durangos.
FINANCIAL IMPACT: $41,373.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase using The Michigan State Purchasing
Contract.
I. Uniform and Rugs Cleaning Contract. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Arrow
Uniform Company for a four-year contract of cleaning uniforms and rug rental at the
Department of Public Works building and the Filtration Plant.
FINANCIAL IMPACT: The cost of $11,500 per year split up among seven departments.
BUDGET ACTION REQUIRED: None at this time. The cost was anticipated and
budgeted for.
STAFF RECOMMENDATION: Authorize staff to enter into a contract with Arrow
Uniform.
J. City/County Agreement regarding Justice Assistance Grant (JAG). CITY
MANAGER
SUMMARY OF REQUEST: To approve an inter-local agreement between the City and
the County of Muskegon for the City to acknowledge the County’s receipt and use
of a 2008 Edward Byrne Memorial Justice Assistance Grant.
FINANCIAL IMPACT: $16,776 to the County.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution.
K. Contract Extension – Independent Audit Services. FINANCE
SUMMARY OF REQUEST: You may recall that in 2004 our prior audit firm (Hoffman,
Steensma, & Plamondon) exited the governmental audit business. Brickley DeLong
assumed responsibility for the 2004 audit and, subsequently, the City entered into a
three-year contract for services with them. This request is to extend the contract with
Brickley DeLong for an additional three years. Staff believes this is in the City’s best
interest for the following reasons:
1. Brickley has presented a proposed extension that includes a cost decrease
for the next year and a very modest total cost increase (2%) for the entire
three-year period;
2. Brickley’s staff is very familiar with the City’s financial operations. This
reduces staff time and costs. There would be significant upfront costs
involved in bringing a new audit firm in;
3. Brickley is a major tenant in downtown Muskegon and is the only in-city firm
qualified to perform our audit.
FINANCIAL IMPACT: The average annual cost of the proposed audit contract
extension is about 2% higher than the average cost for the prior three-year period.
2005 2006 2007 Average 2008 2009 2010 Average
2005-07 2008-10
$34,675 $35,375 $36,075 $35,375 $34,250 $36,075 $37,875 $36,067
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of a three-year contract extension for audit
services with Brickley DeLong.
L. Make Appointments to Various Boards and Committees. CITY CLERK
SUMMARY OF REQUEST: To appoint Quintan Cooley to the Citizen’s Police Review
Board, Thomas Pastoor to Community Development Block Grant – CDC, Stephanie
Marion to the Leisure Services Board, and Eleanor Fife to the Zoning Board of
Appeals.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: The Community Relations Committee approved
the appointments at their October 13th meeting.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve the
Consent Agenda as read.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, and Gawron
Nays: None
MOTION PASSES
2008-87 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate – Johnson
Technology. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Johnson
Technology, 2034 Latimer Dr., has requested the issuance of an Industrial Facilities
Exemption Certificate. The total capital investment of the project is $2,000,000 in
personal property. The company has requested an abatement length of 12 years.
However, under the current City IFT policy, they are eligible for a seven-year
abatement.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial Facilities
Exemption Certificate for a term of seven years for personal property.
The Public Hearing opened to hear and consider any comments from the public. No
comments were made.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to close the Public
Hearing and approve an amended resolution granting an Industrial Facilities
Exemption Certificate for 12 years for personal property for Johnson Technology.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski
Nays: None
MOTION PASSES
2008-88 NEW BUSINESS:
A. Sewer Rate Adjustment. FINANCE
SUMMARY OF REQUEST: The City last adjusted sewer rates (a 15% increase) on July 1,
2007. However, sewer fund revenues simply are not keeping pace with the fee
increases being implemented by the County combined with the steadily increasing
sewer use that the County is attributing to the City:
12-Month Periods City Usage % Chg Total System % Chg
(MG) (MG)
Sep. 2007 – Aug. 2008 2137 +8% 6813 -13%
Sep. 2006 – Aug. 2007 1984 +7% 7799 +7%
Sep. 2005 – Aug. 2006 1861 +17% 7277 -19%
Sep. 2004 – Aug. 2005 1592 +3% 9007 -5%
Sep. 2003 – Aug. 2004 1549 +18% 9520 +10%
Sep. 2002 – Aug. 2003 1312 - 8683 -
FINANCIAL IMPACT: The sewer rate adjustments will generate $650,000 additional
annualized revenue for the City’s sewer fund.
BUDGET ACTION REQUIRED: None at this time. If the rate increase is approved, it will
be incorporated into the quarterly budget reforecast together with the higher
anticipated County treatment costs.
STAFF RECOMMENDATION: Adoption of the fee adjustment resolution.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve the
sewer rate adjustment which is a 12% increase effective January 1, 2009.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski
Nays: None
MOTION PASSES
B. Sale of City Dockominium Boat Slips. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon purchased two boat slips, one in
Harbour Towne Marina and one in Pigeon Key Marina, from the State of Michigan
(tax-reversion). In an effort to spur downtown residential sales, staff would like to offer
one, or both, of these slips for sale. Staff is proposing to offer a slip, at our cost
($5,000), to the first new purchaser of a downtown residential condominium unit
priced at over $250,000, by December 31, 2008.
FINANCIAL IMPACT: The City will be reimbursed for our cost into the dockominium
and the resulting residential sale will result in increased taxes within our downtown.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the sale of the dockominiums, as outlined in
the “Exciting Opportunity for Downtown Living and Recreation” flyer.
Motion by Commissioner Spataro, second by Commissioner Wierengo to adopt the
request to market the boat slip at Harbour Towne Marina as proposed and withhold
the Pigeon Key Marina slip until the mater is resolved.
ROLL VOTE: Ayes: Wisneski, Gawron, Shepherd, Spataro, Warmington, and Wierengo
Nays: None
MOTION PASSES
C. Assignment & Assumption of Arena Management Contract. CITY MANAGER
SUMMARY OF REQUEST: To approve an agreement to allow Arena Management
Group to assign the L. C. Walker Arena & Conference Center management contract
to JS Hockey Enterprises, Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Assignment and Assumption of the
management contract.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve the
Assignment and Assumption of the Arena Management Contract.
ROLL VOTE: Ayes: Wierengo, Wisneski, Gawron, Shepherd, Spataro, and Warmington
Nays: None
MOTION PASSES
D. Muskegon Firefighters Local 370 Contract. CITY MANAGER
SUMMARY OF REQUEST: To approve a collective bargaining agreement with the
Muskegon Firefighters Union for 2008 – 2010.
FINANCIAL IMPACT: Wages – 2008 (3%); 2009 (2.5%); 2010 (2.5%). Other minor
financial changes are also included.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the agreement and authorize the Mayor and
Clerk to sign it.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve the
collective bargaining agreement with the Muskegon Firefighters Union for 2008-2010.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Gawron, Shepherd, and Spataro
Nays: None
MOTION PASSES
E. Congress of Cities Voting Delegates. CITY CLERK
SUMMARY OF REQUEST: To designate one of our officials who will be in attendance
at the National League of Cities Annual Business Meeting to cast the City’s vote; and,
if possible, to designate an alternate.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to designate
Commissioner Shepherd as the delegate to the National League of Cities Annual
Business Meeting to cast the City’s vote.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Gawron, and Shepherd
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Shepherd presented Chief Kleibecker with a
letter commending Officer Timothy Thompson. Mayor Warmington thanked Charles
Nash and those who serve on City Boards and Committees.
PUBLIC PARTICIPATION: Various comments were heard.
ADJOURNMENT: The City Commission Meeting adjourned at 6:12 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
CITY COMMISSION MEETING
Tuesday, October 28, 2008
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
Director of Public Safety
DATE: October 10, 2008
SUBJECT: Contract Agreement-Lockers-The Casper Corporation
SUMMARY OF REQUEST:
The Director of Public Safety requests that the Commission consider the attached bid for
lockers for the men’s lockeroom in the police department. The bid was submitted by The
Casper Corporation of Kalamazoo, Michigan.
Due to the layout of the lockeroom, The Casper Corporation is the only vendor who
could provide the style of locker (built-in locking storage and bench) that will function in
conjunction with the design. This is the same company that provided lockers for the
women’s lockeroom in 2007. Cost for the lockers (62) as proposed by Casper is
$66,976.00.
FINANCIAL IMPACT:
This project is part of the 2009 capital improvement fund.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approval of this request.
Commission Meeting Date: October 28, 2008
Date: October 21, 2008
To: Honorable Mayor and City Commissioners
From: City Treasurer
RE: Resolution to Adopt Identity Theft Program Policy
SUMMARY OF REQUEST:
To approve the attached resolution adopting an Identity Theft Policy Program in
accordance with Federal Regulations.
FINANCIAL IMPACT:
N/A
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and policy.
COMMITTEE RECOMMENDATION:
N/A
1
City of Muskegon
Treasurer’s Office
Memorandum
To: Mayor and City Commissioners
From: City Treasurer
Date: October 21, 2008
Re: New Federal Requirement to Help Fight Identity Theft
Identity thieves use people’s personally identifying information to open new accounts and
misuse existing accounts, creating havoc for consumers and businesses. Financial
institutions and creditors soon will be required to implement a program to detect, prevent, and
mitigate instances of identity theft.
FACTA, otherwise known as the “Fair and Accurate Credit Transactions Act” is a federal law
which becomes effective November 1, 2008 that contains new regulations that require
financial institutions and creditors to develop and implement written identity theft prevention
programs. According to the Federal Trade Commission, in cases where government entities
defer payment for goods or services, they are to be considered creditors. To comply with the
regulations – known as the Red Flag Rules – one must provide for the identification,
detection, and response to patterns, practices, or specific activities (known as “red flags”) that
could indicate identity theft. The FTC has taken the position that FACTA applies to municipal
utilities, including water, sewer and electric.
The Red Flag Rules provide all financial institutions and creditors the opportunity to design
and implement a program that is appropriate to their size and complexity, as well as the
nature of their operations. We have attached a resolution and a policy to be adopted by the
City Commission.
Please feel free to contact me with any questions you may have regarding this matter.
CITY OF MUSKEGON
Resolution No. _________
Resolution to Adopt Identity Theft Prevention Program
WHEREAS pursuant to federal law the Federal Trade Commission adopted Identity Theft Rules
requiring the creation of certain policies relating to the use of consumer reports, address
discrepancy and the detection, prevention and mitigation of identity theft;
WHEREAS the Federal Trade Commission regulations, adopted as 16 CFR § 681.2 require
creditors, as defined by 15 U.S.C. § 1681a(r)(5) to adopt red flag policies to prevent and
mitigate identity theft with respect to covered accounts;
WHEREAS 15 U.S.C. § 1681a(r)(5) cites 15 U.S.C. § 1691a, which defines a creditor as a
person that extends. renews or continues credit, and defines `credit' in part as the right to
purchase property or services and defer payment therefore;
WHEREAS the Federal Trade Commission regulations include utility companies in the
definition of creditor;
WHEREAS the City of Muskegon is a creditor with respect to 16 CFR § 681.2 by virtue of
providing utility services or by otherwise accepting payment for municipal services in arrears;
WHEREAS the Federal Trade Commission regulations define `covered account' in part as an
account that a creditor provides for personal, family or household purposes that is designed to
allow multiple payments or transactions and specifies that a utility account is a covered account;
WHEREAS the Federal Trade Commission regulations require each creditor to adopt an Identity
Theft Prevention Program which will use red flags to detect, prevent and mitigate identity theft
related to information used in covered accounts;
WHEREAS the City provides water and sewer utility services for which payment is made after
the product is consumed or the service has otherwise been provided which by virtue of being
utility accounts are covered accounts;
WHEREAS the duly elected governing authority of the City of Muskegon is the
Mayor and Commission thereof;
Now therefore be it resolved that the City of Muskegon adopts the attached Identity
Theft Prevention Program Policy, effective October 29, 2008.
This resolution passed.
Ayes_____________________________________________________________
Nays_____________________________________________________________
CITY OF MUSKEGON
By____________________________
Ann Marie Becker, MMC, City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on October 28, 2008. The
meeting was properly held and noticed pursuant to the Open meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By____________________________
Ann Marie Becker, MMC, City Clerk
City of Muskegon
OFFICIAL POLICY & PROCEDURE
TITLE: EFFECTIVE DATE:
IDENTITY THEFT PREVENTION PROGRAM October 29, 2008
Purpose
To establish an Identity Theft Prevention Program designed to detect, prevent and mitigate
identity theft in connection with the opening of a covered account or an existing covered account
and to provide for continued administration of the Program in compliance with the Federal Trade
Commission's Red Flags Rule (Part 681 of Title 16 of the Code of Federal Regulations)
implementing Sections 114 and 315 of the Fair and Accurate Credit Transactions Act (FACTA)
of 2003.
Under the Red Flag Rule, every financial institution and creditor is required to establish an
“Identity Theft Prevention Program” tailored to its size, complexity and the nature of its
operation. Each program must contain reasonable policies and procedures to:
1. Identify relevant Red Flags for new and existing covered accounts and incorporate those
Red Flags into the Program;
2. Detect Red Flags that have been incorporated into the Program;
3. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity
Theft; and
4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to
the safety and soundness of the creditor from Identity Theft.
Definitions
Identifying information means any name or number that may be used, alone or in conjunction
with any other information, to identify a specific person, including: name, address, telephone
number, social security number, date of birth, government issued driver’s license or
identification number, alien registration number, government passport number, employer or
taxpayer identification number, unique electronic identification number, computer’s Internet
Protocol address, or routing code.
Identify theft means fraud committed or attempted using the identifying information of another
person without authority.
A covered account means:
1. An account that a financial institution or creditor offers or maintains, primarily for
personal, family, or household purposes that involves or is designed to permit multiple
payments or transactions. Covered accounts include credit card accounts, mortgage
loans, automobile loans, margin accounts, cell phone accounts, utility accounts, checking
accounts and savings accounts; and
Identity Theft Prevention Program
Effective October 29, 2008
Page 2 of 5
2. Any other account that the financial institution or creditor offers or maintains for which
there is a reasonably foreseeable risk to customers or to the safety and soundness of the
financial institution or creditor from identity theft, including financial, operational,
compliance, reputation or litigation risks.
A red flag means a pattern, practice or specific activity that indicates the possible existence of
identity theft.
Policy
A. IDENTIFICATION OF RED FLAGS. The City identifies the following red flags, in
each of the listed categories:
1. Suspicious Documents
i. Identification document or card that appears to be forged, altered or
inauthentic;
ii. Identification document or card on which a person’s photograph or physical
description is not consistent with the person presenting the document;
iii. Other document with information that is not consistent with existing customer
information (such as if a person’s signature on a check appears forged); and
iv. Application for service that appears to have been altered or forged.
2. Suspicious Personal Identifying Information
i. Identifying information presented that is inconsistent with other information
the customer provides (example: inconsistent birth dates);
ii. Identifying information presented that is inconsistent with other sources of
information (for instance, an address not matching an address on a credit
report);
iii. Identifying information presented that is the same as information shown on
other applications that were found to be fraudulent;
iv. Identifying information presented that is consistent with fraudulent activity
(such as an invalid phone number or fictitious billing address);
v. Social security number presented that is the same as one given by another
customer;
vi. An address or phone number presented that is the same as that of another
person;
vii. A person fails to provide complete personal identifying information on an
application when reminded to do so (however, by law social security numbers
must not be required); and
viii. A person’s identifying information is not consistent with the information that
is on file for the customer.
Identity Theft Prevention Program
Effective October 29, 2008
Page 3 of 5
3. Suspicious Account Activity or Unusual Use of Account
i. Change of address for an account followed by a request to change the account
holder's name;
ii. Payments stop on an otherwise consistently up-to-date account;
iii. Account used in a way that is not consistent with prior use (example: very
high activity);
iv. Mail sent to the account holder is repeatedly returned as undeliverable;
v. Notice to the City that a customer is not receiving mail sent by the City;
vi. Notice to the City that an account has unauthorized activity;
vii. Breach in the City's computer system security; and
viii. Unauthorized access to or use of customer account information.
4. Alerts from Others
i. Notice to the City from a customer, identity theft victim, law enforcement or
other person that it has opened or is maintaining a fraudulent account for a
person engaged in Identity Theft.
B. DETECTING RED FLAGS.
1. New Accounts. In order to detect any of the Red Flags identified above associated
with the opening of a new account, City personnel will take the following steps to
obtain and verify the identity of the person opening the account:
i. Require certain identifying information such as name, date of birth, residential
or business address, principal place of business for an entity, driver's license
or other identification;
ii. Verify the customer's identity (for instance, review a driver's license or other
identification card);
iii. Review documentation showing the existence of a business entity; and/or
iv. Independently contact the customer.
2. Existing Accounts. In order to detect any of the Red Flags identified above for an
existing account, City personnel will take the following steps to monitor transactions
with an account:
i. Verify the identification of customers if they request information (in person,
via telephone, via facsimile, via email);
ii. Verify the validity of requests to change billing addresses; and
iii. Verify changes in banking information given for billing and payment
purposes.
C. PREVENTING AND MITIGATING IDENTITY THEFT. In the event City
personnel detect any identified Red Flags, such personnel shall take one or more of the
following steps, depending on the degree of risk posed by the Red Flag:
Identity Theft Prevention Program
Effective October 29, 2008
Page 4 of 5
1. Prevent and Mitigate
i. Continue to monitor an account for evidence of Identity Theft;
ii. Contact the customer;
iii. Change any passwords or other security devices that permit access to
accounts;
iv. Not open a new account;
v. Close an existing account;
vi. Reopen an account with a new number;
vii. Notify the City Manager for determination of the appropriate step(s) to take;
viii. Notify law enforcement; and/or
ix. Determine that no response is warranted under the particular circumstances.
2. Protect customer identifying information
i. In order to further prevent the likelihood of identity theft occurring with
respect to City accounts, the City will take the following steps with respect to
its internal operating procedures to protect customer identifying information:
ii. Ensure that its website is secure or provide clear notice that the website is not
secure;
iii. Ensure complete and secure destruction of paper documents and computer
files containing customer information;
iv. Ensure that office computers are password protected and that computer
screens lock after a set period of time;
v. Keep offices clear of papers containing customer information;
vi. Safeguard all credit card information, checks, ACH information, bankruptcy
statements, or other personal financial information at all times;
vii. Ensure computer virus protection is up to date; and
viii. Require and keep only the kinds of customer information that are necessary
for utility purposes.
D. PROGRAM UPDATES. This Program will be periodically reviewed and updated to
reflect changes in risks to customers and the soundness of the City from Identity Theft.
The City Manager will consider the City’s experiences with Identity Theft situations,
changes in Identity Theft methods, changes in Identity Theft detection and prevention
methods, changes in types of accounts the City maintains and changes in the City’s
business arrangements with other entities. After considering these factors, the City
Manager will determine whether changes to the Program, including the listing of Red
Flags, are warranted. If warranted, the City Manager will present the City Commission
with his/her recommended changes and the City Commission will make a determination
of whether to accept, modify or reject those changes to the Program.
Identity Theft Prevention Program
Effective October 29, 2008
Page 5 of 5
E. PROGRAM ADMINISTRATION.
1. Oversight. Responsibility for developing, implementing and updating this Program
lies with the Reengineering Committee for the City. The Committee is headed by the
Finance Director, with the City Treasurer, Income Tax Administrator / Deputy
Treasurer, Information Systems Director and Assistant Finance Director comprising
the remainder of the committee membership. The Reengineering Committee will be
responsible for the Program administration, for ensuring appropriate training of City
staff on the Program, for reviewing any staff reports regarding the detection of Red
Flags and the steps for preventing and mitigating Identity Theft, determining which
steps of prevention and mitigation should be taken in particular circumstances and
considering periodic changes to the Program.
2. Staff Training and Reports. City staff responsible for implementing the Program
shall be trained either by or under the direction of the Reengineering Committee in
the detection of Red Flags, and the responsive steps to be taken when a Red Flag is
detected. City staff is required to provide reports to the Program Administrator on
incidents of Identity Theft, the City's compliance with the Program and the
effectiveness of the Program.
3. Specific Program Elements and Confidentiality. For the effectiveness of Identity
Theft prevention Programs, the Red Flag Rule envisions a degree of confidentiality
regarding the City’s specific practices relating to Identity Theft detection, prevention
and mitigation. Therefore, under this Program, knowledge of such specific practices
are to be limited to the Reengineering Committee and those employees who need to
know them for purposes of preventing Identity Theft. Because this Program is to be
adopted by a public body and thus publicly available, it would be counterproductive
to list these specific practices here. Therefore, only the Program’s general red flag
detection, implementation and prevention practices are listed in this document.
Authority & Revisions
This policy is enacted immediately upon approval of the City Commission, as reflected in the
regular meeting minutes dated October 28, 2008. Revisions to this policy shall only be enacted
when approved by the City Commission and reflected in the applicable meeting minutes. This
policy shall be reviewed at least biennially by the City Manager and updated as appropriate.
Revision History
Date Revision # Nature of Revision
10/28/08 Original document.
Date: 10/20/08
To: Honorable Mayor and City Commission
From: Department of Public Works
RE: Meter Reading Radio Equipment Purchase 2009
SUMMARY OF REQUEST: Approval to purchase 11,000 Meter (MXU)
Radio Transceiver Units and one (VXU) Vehicle based reading unit during
the year 2009. This proposal will complete the process of installing radio
read technology to all residential customers. It is the intent of the
Department of Public Works to purchase the radio units in January of 2009
and to have the project completed in 2010.
FINANCIAL IMPACT: Total Cost $ 1,240,000
BUDGET ACTION REQUIRED: None: The 2009 Water Fund Budget
Includes $1,400,000 in funding for this purchase.
STAFF RECOMMENDATION: To approve purchase from ETNA
SUPPLY.
MEMORANDUM
10/20/08
To: Bob Kuhn, Director of Public Works,
Mohammed Al-Shatel, Deputy Director
From: Kelly DeFrench, Public Utility Superintendent
RE: Budgeted Purchase of Radio Read Transceiver Units
Currently we read 12,200 residential water meters on a quarterly basis using
an Electronic Touch Read system. The Touch Read System allows meters to
be read automatically by means of touching the tip of an Auto Read Gun to a
touch pad that is affixed to the outside of the home. We have been using
Touch Read Technology for residential meter reading since 1993.
It has been a goal to begin the process of installing residential Radio Read
Meters and to begin monthly residentail utility billing in 2010. To achieve
this goal we began installing Sensus Radio Units in residential meter pits in
the spring of 2008. It was decided that the meter pits would be done first as a
pilot program and to allow us to have the pit installations completed before
winter.
The meter pit installations have gone well and we have recently begun to
install some Senses Radio Touch Coupler units on the remaining 11,000
residential meters.
The touch coupler radio unit attaches to the existing touch pad which greatly
minimizes installation time. The unique feature of the Sensus Touch Coupler
Radio design allows us to upgrade to a Radio read system without replacing
the meter or the need to gain access to the meter inside the home. Also, the
Radio installations can be completed in- house at a cost savings to the City
of $ 330,000
Advantages of using the Sensus Touch Coupler Radio Unit.
• No need to get inside the home to install the radio.
• 100% of our residential water meters are Sensus Meters
• No need to replace the meter
• Efficient cost effective Installation
• Water Billing Office is currently using Sensus Software
• Installation can be completed in - house using Water Department
Staff
• Programming of the Radio Unit is easy
• Touch pad backup
• 20 year battery warranty
ETNA Supply and Sensus Metering Systems has given the City of
Muskegon special pricing of $110 per unit.
The 2009 Water Maintenance Budget includes $1,400,000 for the purchase
of 11,000 Radio Units. The budgeted amount also includes a vehicle based
reading unit. Availability of the Radio Units is 6 to 8 weeks, we would like
to place the order with ETNA Supply now and begin installations in January.
Date: October 28, 2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids for:
B-237 Richards Park WWTP Building Demolition
__________________________________________________________________________________________
SUMMARY OF REQUEST:
Award Phases I thru IV of the Richards Park WWTP Building Demolition contract to Pitsch
Wrecking Co. out of Grand Rapids, MI since they were the lowest responsible bidder with
a total bid price of $82,600.00 (see attached bid tabulation) and authorize staff to negotiate
for a possible reduction in the aforementioned bid.
FINANCIAL IMPACT:
The construction cost of $82,600.00
BUDGET ACTION REQUIRED:
Cost from the 2008 & 2009 Budget items
STAFF RECOMMENDATION:
Award the contract to Pitsch Wrecking Co.
COMMITTEE RECOMMENDATION:
Commission Meeting Date: October 28, 2008
Date: October 22, 2008
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Support for Michigan Lighthouse Conservancy
SUMMARY OF REQUEST: The Michigan Lighthouse Conservancy
(MLC) has applied for ownership of the Muskegon lighthouses. From
the information received by staff, they appear to have the ability to take
on this responsibility (see attached e-mail correspondence). They have
requested the support of the City by approval of the attached letter. If
they seek grants, they will request the partnership of the City, as well as
others. Some of these grants may require the City to submit that actual
application, although the MLC will prepare the grant application (similar
to the process we have used before with the local museums).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve support of the Michigan
Lighthouse Conservancy’s application to take ownership of the
Muskegon Pierhead and Muskegon South Breakwater lighthouses and
authorize the Mayor to sign the letter of support.
Date: October 28, 2008
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Liquor License Request
Clay Avenue Cellars, Inc.
611 W. Clay Avenue
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Clay Avenue Cellars, Inc. to
Add Space to the licensed 2008 Small Wine Maker and Direct Shipper
Licenses located at 611 W. Clay.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
DATE: 08/19/2008
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN070238
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
254 AMITY AVE 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: # EN070238 254 Amity
Location and ownership: This structure is located on Amity between Fork and
Jay Streets and is owned by Marilyn Brewster, 347 Shonat St., Apt #5,
Muskegon, MI 49442.
Staff Correspondence: A dangerous building inspection was conducted on
11/08/07. An interior inspection was conducted 11/30/07. The Notice and Order
to Repair was issued on 11/28/07. On 02/07/08, 03/06/08, and 04/03/08, the
HBA tabled case to allow owner time to secure loan, establish timeline for repairs
and obtain necessary permits. On 05/01/08 the HBA declared the structure
substandard and dangerous. As of 08/19/08 no permits have been issued and
no timeline submitted.
Owner Contact: Ms. Brewster was present for all HBA meetings stating she was
working with Neighborhood Investment Corp to get loan to complete repairs and
there were delays in getting taxes paid and obtaining insurance.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: 12,800
Estimated cost to repair: $25,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
SUMMARY FOR: 254 AMITY AVE
This building is a two story mixed use building with the second floor being set up for
residential and the lower level a closed storefront that is largely used for storage. The
apartment on the second floor is currently unoccupied. This building has been allowed to
deteriorate to a point where it is a blighting influence on the neighborhood.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Thursday, November 8, 2007
Enforcement # EN070238 Property Address 254 AMITY AVE
Parcel #24-205-205-0011-10 Owner BREWSTER MARILYN L
Inspector: Henry Faltinowski
Date completed: 11/08/2007
DEFICENCIES:
Uncorrected
1. Siding missing on building falling off building exterior.
2. Roof covering must be replaced rotted shingles, missing shingles;
missing soffit and fascia.
3. Structural damage to rafter system provide rafter investigation. Large
humps and sags in roofline.
4. Carport in state of collapse; remove or rebuild to code MRC 2003. Roof
caving in, header - beam support failings - columns falling out of
alignment.
5. Provide interior inspection.
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
CITY OF MUSKEGON
933 Terrace St., P.O. Box 536, Muskegon, MI 49443 (231)724-6715
DANGEROUS BUILDING INTERIOR INSPECTION REPORT
254 AMITY AVE
11/30/2007
Inspection noted:
Uncorrected
1. Repair all ceiling, wall, floor damage.
2. Interior garages storage area needs to be rebuilt to MRC 2003 Code - Cracked rafters;
deteriorated roof covering, large sags in wall framing.
3. Repair upper stairway - treads loose, cracked missing sections.
4. Must remove large amount of storage to determine complete interior inspection upper
and lower sections.
5. Smoke alarms required by code.
6. Building to be rewired to code.
7. Electric services to be replaced to code.
8. Smoke alarms to be installed in residential unit to code.
9. Inspect all plumbing for correct materials.
10. Kitchen sink upper.
11. Replace PVC water distribution pipe in basement.
12. Inspect & repair boiler & water heater & chimney.
13. Pressure test gas line; must have backflow device for boiler.
14. Seal vent for water heater.
15. Need T & P drain lines for water heaters.
16. Inspect & repair all plumbing when water is established as needed.
17. Inspect & certify space heater in store room.
18. Inspect & certify all coolers & store equipment.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
DATE: 10/20/2008
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN080112
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
769 WASHINGTON AVE Area 12 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: # EN080112 – 769 Washington
Location and ownership: This structure is located on Washington between
Beidler and Henry Streets and is owned by Francisco Galindo, 1182 Washington,
Muskegon, MI 49441.
Staff Correspondence: A dangerous building inspection was conducted on
05/13/08. The Notice and Order to Repair was issued on 05/21/08. On 08/07/08
the HBA declared the structure substandard and dangerous. An interior
inspection was conducted 08/20/08.
Owner Contact: Mr. Galindo’s sister Maria Galindo was present to represent
case. She stated that her brother was not able to address issues right now but
agreed to schedule interior inspection. No permits and have been issued and no
owner contact since that time.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $9,200
Estimated cost to repair: $30,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
SUMMARY FOR: 769 WASHINGTON AVE
This is a two story wood frame single family dwelling. This building is currently vacant.
This building has been unsecured at various times and has been secured by the
Inspections Department. The structure sits next to a building recently rehabilitated by the
county land bank program and occupies the same lot as a house that was demolished by
the City in 2007.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 536, Muskegon, MI 49443 (231)724-6715
DANGEROUS BUILDING INTERIOR INSPECTION REPORT
769 WASHINGTON AVE
08/20/2008
Inspection noted:
Uncorrected - Interior
1. Terminate dryer vent.
2. Need kitchen sink.
3. Pressure test gas piping.
4. Clean ductwork.
5. Need hammer arrestors @ laundry.
6. Inspect & repair house plumbing.
7. Need scald free faucet shower.
8. Insure wate flow and sewer is working.
9. Need bath fan.
10. Install HVAC registers.
11. Provide return air in upper.
12. Support basement plumbing & gas pipe.
13. Need gas dirtleg @ water heater.
14. Remove saddle value.
15. Must maintain 6" clearance from southwest vent (CPVC).
16. Align draft hood water heater.
17. Inspect & certify furnace, water heater, & chimney.
18. All plumbing & mechanical work to meet 2006 codes.
19. Electric service to be replaced to code.
20. House to be rewired to code.
21. Smoke alarms to be installed to code.
22. Kitchen cabinets incomplete.
23. Miscellaneous doors missing throughout dwelling.
24. Smoke detectors missing.
25. Replace floor coverings.
26. Header missing in wall over door just inside front room.
27. Handrail missing on stairs.
28. Repair all holes in ceilings and walls.
29. 2nd floor windows incomplete.
30. Tuck point basement walls.
31. Floor joists in basement overspanned.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Wednesday, May 14, 2008
Enforcement # EN080112 Property Address 769 WASHINGTON AVE
Parcel #24-205-412-0004-00 Owner GALINDO FRANCISCO
Inspector: Henry Faltinowski
Date completed: 05/13/2008
DEFICENCIES:
Uncorrected
1. Replace all damaged missing siding on home.
2. Chimney failing; repair brick.
3. Back porch collapsed remove-replace.
4. Roof system has large sag in rafters - provide rafter inspection.
5. Tuck point all open foundation wall block.
6. Electric meter pulled off home.
7. Broken out windows.
8. Replace damaged roofing/fascia.
9. Provide interior inspection.
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: 10/20/2008
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN080066
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
640 CATAWBA AVE 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: # EN080066 – 640 Catawba Street
Location and ownership: This structure is located on Catawba Street between
Kenneth and Holt Streets and is owned by Rance Reynolds Et Al, 612 Ada,
Muskegon, MI 49441.
Staff Correspondence: A dangerous building inspection was conducted on
03/15/08. The Notice and Order to Repair was issued on 03/19/08. The case
came before HBA 05/1/08 and was tabled to allow owner time to schedule
interior inspection and provide timeline. On 08/07/08 the HBA declared the
structure substandard and dangerous.
Owner Contact: Mr. Reynolds father was present for HBA meeting dated
05/01/08 stating owner was in the hospital but would start repairs on exterior and
schedule an interior inspection. Mr. Reynolds was present for meeting dated
08/07/08 stating that house had been vandalized. He stated his financial and
medical situation didn’t allow for him to repair home and his plans was to sell to
interested buyer.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $22,100
Estimated cost to repair: $5,000 (Exterior only)
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
SUMMARY FOR: 640 CATAWBA AVE
This building is a two story wood frame single family dwelling. This building has been
vacant and boarded for over 6 months, the front porch need structural repairs as well as
miscellaneous other repairs to the exterior. The Housing Board of Appeals tabled case to
allow the owners to schedule an interior inspection. The property owners have not
scheduled an interior inspection and have shown no real interest in rehabilitating this
structure.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Wednesday, March 19, 2008
Enforcement # EN080066 Property Address 640 CATAWBA AVE
Parcel #24-205-090-0017-00 Owner REYNOLDS RANCE ET AL
Inspector: Henry Faltinowski
Date completed: 03/13/2008
DEFICENCIES:
Uncorrected
1. Front porch column supports failing - restabilze column on foundation.
2. Ripped out screens broken windows - boarded windows and doors.
Basement window broken in people entering home.
3. Scrape and paint all exterior exposed wood.
4. Replace all exterior wood trim that is rotted and broken.
5. Flash chimney properly.
6. Interior inspection requested.
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: 10/20/2008
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN080065
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
143 W SOUTHERN AVE Area 10b 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: # EN080065 – 143 W. Southern
Location and ownership: This structure is located on Southern Ave between Fifth
and Jefferson Streets and is owned by Bad Boys Bail Bond Agency, 990 Pine St,
Muskegon, MI 49442.
Staff Correspondence: A dangerous building inspection was conducted on
03/13/08. The Notice and Order to Repair was issued on 03/19/08. On 05/01/08
the HBA declared the structure substandard and dangerous. An interior
inspection was conducted 05/12/08. A Certificate of Appropriateness from
Historic District Commission was issued 10/07/08. Several complaints have been
received about students going into the structure.
Owner Contact: No one was present for the HBA meeting dated 05/01/08. Owner
came in and scheduled interior inspection but no permits have been issued and
no further contact from owner.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $41,900
Estimated cost to repair: $15,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
SUMMARY FOR: 143 W SOUTHERN AVE
This is a two story wood frame multi family dwelling. This building has 3 dwelling units
that are currently vacant, and have been boarded up for over six months. The building
will require numerous repairs to the heating, plumbing and electrical systems in order for
the building to be habitable again. In it’s current condition this building will be an
attractive gathering spot for the high school students from across the street.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 536, Muskegon, MI 49443 (231)724-6715
DANGEROUS BUILDING INTERIOR INSPECTION REPORT
143 W SOUTHERN AVE
05/12/2008
Inspection noted:
Uncorrected
1. Install smoke alarms to code.
2. Replace damaged/missing light fixtures.
3. Provide GFI protection to code.
4. Insure grounding @ 3 wire plugs
5. Replace electric service to one unit.
6. Need furnaces & venting.
7. Inspect & insure plumbing is in working order & include water pressure & sewer.
8. Need adequate water heaters.
9. Inspect & certify chimney
10. Pressure test gas line.
11. Support piping in basement.
12. Bedrooms to have return & supply air.
13. All tub/shower to have scald free faucets.
14. Reglaze tubs.
15. Clean ductwork.
16. Need bath vent fans.
16. Remove or replace stove vent - upper unit.
17. Plumbing & mechanical to conform with 2006 Mechanical & plumbing code.
18. Need laundry to code if provided.
19. Tuck point open block in foundation walls.
20. Repair all interior drywall damage.
21. Replace all damaged floor coverings.
22. All handrails must meet code.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Friday, March 14, 2008
Enforcement # EN080065 Property Address 143 W SOUTHERN AVE
Parcel #24-205-426-0012-00 Owner BAD BOYS BAIL BOND AGENCY OF
MI LLC
Inspector: Henry Faltinowski
Date completed: 03/13/2008
DEFICENCIES:
Uncorrected
1. Home has been boarded up over 6 months.
2. Broken out windows & replace.
3. Trim falling off home - replace.
4. Request interior by trade inspectors.
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