Brownfield Redevelopment Authority

MANISTEE CITY BROWNFIELD REDEVELOPMENT AUTHORITY Meeting of January 28, 2014 2 pm - Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan AGENDA I Call to Order II Roll Call III Approval of Agenda At this time the Brownfield Redevelopment Authority can take action to approve the January 28, 2014 Agenda. IV Approval of Minutes At this time Brownfield Redevelopment Authority can take action to approve the October 29, 2013 meeting Minutes. V Public Hearing VI Financial Reports Approval of Invoices At this time the Brownfield Redevelopment Authority can take action to approve invoices for payment VII New Business Election of Officers According to the By-Laws of the City of Manistee Brownfield Redevelopment Authority their annual election of Officers is held at their annual meeting in January. At this time the meeting will be turned over to Ed Bradford who will ask for nominations. Chair - The Brownfield Redevelopment Authority will select a Chair for 2014. Vice-Chair - The Brownfield Redevelopment Authority will select a Vice Chair for 2014. Secretary/Treasurer - The Brownfield Redevelopment Authority will select a Secretary for 2014. Appointment of a Recording Secretary 2014 At this time the Brownfield Redevelopment Authority Secretary appointed for 2014 may appoint a Recording Secretary for 2014. 1|P age  By Law Review According to the By-Laws of the City of Manistee Brownfield Redevelopment Authority shall annually review their By-Laws at their annual meeting in January. At this time the Brownfield Redevelopment Authority could take action to make changes to their By-Laws if necessary. Oath of Office/Section 6 Conflict of Interest Annually the Brownfield Redevelopment Authority members will take an Oath of Office and agree to abide by Section 6 Conflict of Interest of the By-Laws of the City of Manistee Brownfield Redevelopment Authority. At this time the members of the Brownfield Redevelopment Authority will take their Oath of Office and agree to abide by Section 6 Conflict of Interest of the By-Laws of the City of Manistee Brownfield Redevelopment Authority. US EPA Grant Status Staff will update the Brownfield Redevelopment Authority on the status of current projects. BRA Financing Finance Director Ed Bradford will give a financial status update on the Grants and Brownfield Redevelopment Authority Funds. VIII Old Business IX Public Comments and Communications At this time the Chair will ask if there are any public comments. X Correspondence At this time the Chair will ask if any correspondence has been received to be read into the record. XI Staff Reports At this time the Chair will ask Staff for their report. XII Members Discussion At this time the Chair will ask members of the Brownfield Redevelopment Authority if they have any items they want to discuss. XIII Adjournment 2|P age  Planning & Zoning 231.398.2805 Fax 231.723-1546 MEMORANDUM www.manisteemi.gov TO: Brownfield Redevelopment Authority Directors FROM: Denise Blakeslee Planning & Zoning DATE: January 23, 2014 RE: January 28, 2014 Brownfield Redevelopment Authority Meeting Directors, the annual meeting of the Brownfield Redevelopment Authority will be on Tuesday, January 28, 2014 at 2 pm in the Council Chambers. We have the following items on the Agenda. Approval of Invoices – A copy of the Invoice Summary is included in your packet for your review. Election of Officers – According to the By-Laws of the City of Manistee Brownfield Redevelopment Authority their annual election of Officers is held at their annual meeting in January. Appointment of a Recording Secretary 2014 - The Brownfield Redevelopment Authority Secretary appointed for 2014 may appoint a Recording Secretary for 2014. Oath of Office/Section 6 Conflict of Interest - Annually the Brownfield Redevelopment Authority members will take an Oath of Office and agree to abide by Section 6 Conflict of Interest of the By- Laws of the City of Manistee Brownfield Redevelopment Authority. US EPA Grant Status – T. Eftaxiadis will update the BRA on current grants and projects. BRA Financing – Finance Director Ed Bradford will give a financial status update on the Grants and Brownfield Redevelopment Authority Funds. Included in your packets are copies of the current Brownfield Redevelopment Financing Act and the Manistee Brownfield Redevelopment Authority List of Action – 2013. If you are unable to attend the meeting please call me at 398.2805. :djb  MANISTEE CITY BROWNFIELD REDEVELOPMENT AUTHORITY 70 Maple Street Manistee, MI 49660 MEETING MINUTES October 29, 2013 A meeting of the Manistee City Brownfield Redevelopment Authority was held on Tuesday, October 29, 2013 at 2 pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 2:05 pm by Vice Chair Steve Brower Roll Call: Members Present: W. Frank Beaver, Steve Brower, Donald Kuk, Marlene McBride, Clinton McKinven-Copus Members Absent: Dave Carlson, Jeffrey Stege (excused) Others: Mitch Deisch, (City Manager), T. Eftaxiadis (BRA Consultant), Ed Bradford (BRA Administrator), Denise Blakeslee (BRA Recording Secretary) APPROVAL OF AGENDA Motion by Frank Beaver, seconded by Don Kuk that the agenda be approved with the addition of “City of Manistee Housing Commission - Demolition of former Manistee Plating Building” under New Business With a Voice Vote this motion passed unanimously. Chair Clinton McKinven-Copus entered the meeting at 2:07 pm. APPROVAL OF MINUTES Motion by Steve Brower, seconded by Don Kuk that the minutes of the July 30, 2013 Brownfield Redevelopment Authority meeting be approved as prepared. With a Voice Vote this motion passed unanimously. PUBLC HEARING None FINANCIAL REPORTS Approval of Invoices - Members reviewed the summary of Invoices Submitted for Payment. City of Manistee Brownfield Redevelopment Authority Meeting Minutes of October 29, 2013 Page 1 MOTION by Frank Beaver, seconded by Steve Brower to approve payment of invoices as follows: Invoice summary for BRA Meeting 10/29/13 VENDOR NAME INVOICE INVOICE INVOICE SERVICE DESCRIPTION DATE NUMBER AMOUNT Northern Analytical 05/22/13 2013-77 $900.00 EPA Grant - PETROLEUM; Asbestos/Lead Survey: 166 Services LLC Cleveland Street site Northern Analytical 05/22/13 2013-78 $900.00 EPA Grant - PETROLEUM; Asbestos/Lead Survey: 100 Services LLC Washington Street site Environmental Data 07/26/13 3674175 $325.00 EPA Grant - HAZARDOUS; EDR reports: Armory-LHL Area Resources Inc Eftaxiadis 08/03/13 CMBRA- $2,000.00 EPA Grant - HAZARDOUS; Phase I ESA and Report; 133 16th Consulting Inc. 133-H Street site Eftaxiadis 08/03/13 CMBRA- $2,000.00 EPA Grant - PETROLEUM; Phase I ESA and Report; 166 Consulting Inc. 166-P Cleveland Street site Eftaxiadis 08/13/13 CMBRA- $297.50 Technical assistance to CMBRA; misc issues and projects Consulting Inc. 1307 Eftaxiadis 08/13/13 CMBRA- $2,210.00 EPA Grant - HAZARDOUS; technical project coordination and Consulting Inc. 1307-H Brownfield redevelopment assistance; Rengo Property, Manistee Iron Works, 133 16th Street, 518 1st Street site and Armory-LHL area Eftaxiadis 08/13/13 CMBRA- $722.50 EPA Grant - PETROLEUM; technical project coordination MAPS Consulting Inc. 1307-P site, and various sites Environmental Data 08/30/13 3671493 $325.00 EPA Grant - HAZARDOUS; EDR reports: 518 First Street site Resources Inc NTH Consultants Ltd 09/04/13 590887 $645.80 EPA Grant - PETROLEUM; Phase II ESA (partial): Former MAPS Vocational Training site NTH Consultants Ltd 09/04/13 590888 $636.71 EPA Grant - PETROLEUM; Phase II ESA (partial):166 Cleveland site NTH Consultants Ltd 09/04/13 590889 $5,168.05 EPA Grant - HAZARDOUS; Phase II ESA (partial): 133 16th Street site NTH Consultants Ltd 09/04/13 590890 $1,200.00 EPA Grant - HAZARDOUS; Baseline Environmental Assessment:133 16th Street site Eftaxiadis 09/06/13 CMBRA- $191.25 Technical assistance to CMBRA with 334 River grant closeout Consulting Inc. 1308 Eftaxiadis 09/06/13 CMBRA- $1,742.50 EPA Grant - HAZARDOUS; technical project coordination and Consulting Inc. 1308H Brownfield redevelopment assistance; North Channel Outlet, Rengo Property, Manistee Iron Works, 133 16th Street; services for August '13 Eftaxiadis 09/06/13 CMBRA- $361.25 EPA Grant - PETROLEUM; technical project coordination Consulting Inc. 1308P Northern Analytical 09/12/13 2013-139 $4,700.00 EPA Grant - HAZARDOUS; Asbestos/Lead Survey: Manistee Services LLC Iron Works site Eftaxiadis 10/07/13 CMBRA- $488.75 EPA Grant - HAZARDOUS; technical project coordination; Consulting Inc. 1309H North Channel Outlet, 133 16th Street; services for September '13 Eftaxiadis 10/07/13 CMBRA- $340.00 EPA Grant - PETROLEUM; technical project coordination; 166 Consulting Inc. 1309P Cleveland Street and MAPS sites; services for September '13 NTH Consultants Ltd 10/08/13 591358 $352.97 EPA Grant - HAZARDOUS; Phase II ESA final payment:133 16th Street site TOTAL: $25,507.28 City of Manistee Brownfield Redevelopment Authority Meeting Minutes of October 29, 2013 Page 2 With a Voice Vote this motion passed unanimously. NEW BUSINESS Schedule Meeting Dates 2014 The City of Manistee Brownfield Redevelopment Authority has regularly scheduled meetings in the months of January, April, July and October. Special Meetings can be scheduled as issues arise that need immediate review by the board. Staff has recommended that the meetings be scheduled the last Tuesday of the month (January 28, 2014, April 29, 2014, July 29, 2014 and October 28, 2014). MOTION by Don Kuk, seconded by Frank Beaver to schedule the Brownfield Redevelopment Authority meetings for 2:00 pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan for 2014 as follows: January 28, 2014 April 29, 2014 July 29, 2014 October 28, 2014 With a Voice Vote this motion passed unanimously. US EPA Grant Status T. Eftaxiadis updated the members of the Brownfield Redevelopment Authority on both grants and current projects as follows: Received notification that both grants have been extended until March 31, 2014.  Asbestos & Lead Survey of the former Iron Works Building has been completed.  Started Phase 1 ESA for the former Rengo Building, 518 River Street, however, the owner has put property up for sale; owner will be contacted to find out if need to proceed with work.  Contacted bank that now owns former North Channel Outlet, 84 & 86 Washington Street property, concerning Phase I and Phase II ESAs, ACM/LBP Survey and Structural Survey requested by interested redeveloper of the property. Bank is not willing to provide access for any work in the building unless an offer to purchase is in place. Therefore, the assessments are currently on hold.  Per property owner, parking Lot on NE corner of Water and Oak Street may contain an underground fuel storage tank and other waste. Based on preliminary research required for an Eligibility Determination, no evidence of buried fuel tank was found. Per discussion with property owner, decided to not proceed with Phase I ESA, unless a development plan is prepared for property. Will prepare cover letter with available databases as attachments, and provide to owner.  Completed preliminary review of Armory Property and First Street Beach Area (locations of former lumbering & salt/brining operations) as needed for the preparation of Eligibility Determinations. No adequate Sandborn Maps and other relevant information is available for properties. No need to expend additional effort at this time.  Veterans Memorial Park. A Phase I ESA was completed several months ago; no Phase 2 ESA was performed. Will talk with MSDDA to determine whether there are new plans for area that City of Manistee Brownfield Redevelopment Authority Meeting Minutes of October 29, 2013 Page 3  would justify proceeding with Phase 2 ESA. Remaining funds estimated at $8,000 Petroleum Grant and $50,000 +/- Hazardous Grant. The Board asked Mr. Eftaxiadis what will be done once USEPA grant funding is no longer available following the expiration of the grants. Mr. Eftaxiadis briefly discussed funding sources available to the BRA for its administrative expenses and for supporting environmental and redevelopment activities. Mr. Bradford discussed the past use of General Fund dollars to support some of the BRA’s administration costs, accountability and the need to reimburse the General Fund if funds are available. The members determined that a Planning Session needs to be scheduled as part of the January 28, 2014 meeting to discuss a business plan and budget for the BRA; the BRA members, the City Manager and the BRA staff will be involved in this planning session. Relevant material will be prepared in advance by staff for the planning session. City of Manistee Housing Commission - Demolition of former Manistee Plating Building Director McKinven-Copus declared a Conflict of Interest Mr. Eftaxiadis explained that the City of Manistee Housing Commission received a grant from the State of Michigan to demolish the former Manistee Plating Building. Due to the complexity of the procurement requirements for hiring a contractor under the Housing Commission/HUD guidelines and the need to expedite the process, the Housing Commission is asking the Brownfield Redevelopment Authority to facilitate the procurement of the demolition contractor. The procurement process would be similar to the one that the BRA employed for the procurement of the demolition and remediation contractor for the 334 River Street project last year. The procurement would be done at no cost to the BRA or the City. The Housing Commission will pay all fees associated with the procurement of the contractor from the demolition grant funds. The contract to demolish the building will be between the Housing Commission and the selected Contractor, and will not involve the BRA or the City. MOTION by Don Kuk, seconded by Frank Beaver that the Brownfield Redevelopment Authority facilitates the procurement requirements for the demolition of the former Manistee Plating Building (parcel code #51-211-106-02). Any contracts for the work will be between the City of Manistee Housing Commission and the Contractor. All costs associated with the procurement and demolition will be paid by the Housing Commission. With a Voice Vote this motion passed unanimously, with Director McKinven-Copus abstaining due to a conflict of interest. OLD BUSINESS Oath of Office/Section 6 Conflict of Interest Annually the Brownfield Redevelopment Authority member take an Oath of Office and agrees to abide by Section 6 Conflict of Interest of the By-Laws of the City of Manistee Brownfield Redevelopment Authority. City of Manistee Brownfield Redevelopment Authority Meeting Minutes of October 29, 2013 Page 4 Denise Blakeslee in her capacity as a Notary Public administered the Oath of Office for Director Steve Brower and he signed an Agreement to abide by Section 6 Conflict of Interest of the By-Laws of the City of Manistee Brownfield Redevelopment Authority before today’s meeting began. PUBLIC COMMENTS AND COMMUNICATIONS None CORRESPONDENCE None STAFF REPORTS T. Eftaxiadis, BRA Consultant – Mr. Eftaxiadis spoke of the need to schedule a Public Hearing/Special Meeting for a Brownfield Plan for the River Parc Place II redevelopment project. Mr. Eftaxiadis represents the developer for this project, therefore he will be unable to assist the BRA with this project. Drafts of the Brownfield Plan and the Act 351 Work Plan will be prepared by the developer and will be submitted to, and reviewed by the BRA’s Administrator and Kathy Morin, AES Director. Recommendations for action on the two documents will be provided to the BRA by the Administrator and Ms. Morin. After discussion, the members of the Brownfield Redevelopment Authority agreed to schedule a Public Hearing/Special Meeting on Wednesday, December 4th, 2013 at 3:00 pm for the Brownfield Plan for River Parc Place II. Denise Blakeslee, BRA Recording Secretary – January is the Annual Meeting for the Brownfield Redevelopment Authority. The Agenda will include Election of Officers, Appointment of a Recording Secretary, Review of By Laws. Members will take their Oath of Office and agree to abide by Section 6 Conflict of Interest. The Brownfield Redevelopment Authority will hold a Public Hearing/Special meeting on Wednesday, December 4, 2013 at 3 pm to review the Brownfield Plan for River Parc Place II redevelopment project. The next regular meeting of the Brownfield Redevelopment Authority will be held on Tuesday, January 28, 2014. ADJOURNMENT Motion by Don Kuk, seconded by Marlene McBride that the meeting be adjourned. MOTION PASSED UNANIMOUSLY. Meeting adjourned at 3:07 pm MANISTEE CITY BROWNFIELD REDEVLOPMENT AUTHORITY ____________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Brownfield Redevelopment Authority Meeting Minutes of October 29, 2013 Page 5  CITY OF MANISTEE BROWNFIELD REDEVELOPMENT AUTHORITY SUMMARY OF INVOICES SUBMITTED FOR PAYMENT REPORTING PERIOD: November 1, 2013 through January 20, 2014 INVOICE INVOICE INVOICE VENDOR NAME SERVICE DESCRIPTION DATE NUMBER AMOUNT Swidorski Bros 11/01/13 2787 $252.00 EPA Grant -HAZARDOUS; Remedial Design Exploratory Test Pits: Manistee Plating site Eftaxiadis Consulting Inc 12/13/13 CMBRA-1311 $658.75 Joslin Cove, 334 River, CMBRA Technical Support Services Eftaxiadis Consulting Inc 12/13/13 CMBRA-1311H $3,145.00 EPA Grant - HAZARDOUS; Phase II ESAs, Remedial Planning, Brownfield Planning, Outreach, Program Mgmt (Veterans Memorial Park, Manistee Plating, 346 River, Hokanson, North Channel Outlet, Century Boat Works) Eftaxiadis Consulting Inc 12/13/13 CMBRA-1311P $425.00 EPA Grant - PETROLEUM; Technical Program Mgmt Abonmarche Engineering 01/20/14 108241 $3,500.00 EPA Grant - PETROLEUM; Veterans Memorial Park survey Eftaxiadis Consulting Inc 01/13/14 CMBRA-1321H $191.25 EPA Grant - HAZARDOUS; Phase II ESAs, Remedial Planning, Brownfield Planning, Program Mgmt (Veterans Memorial Park, Manistee Plating, Peninsula) TOTAL: $8,172.00  BYLAWS OF THE CITY OF MANISTEE BROWNFIELD REDEVELOPMENT AUTHORITY ARTICLE 1: NAME AND ADDRESS Name: The name of the Authority is the City of Manistee Brownfield Redevelopment Authority hereinafter referred to as the Authority). Address: The address of the Authority is: 70 Maple Street, P. 0 Box 358, Manistee, Michigan 49660. ARTICLE 2: DIRECTORS 2. 1 General Powers. The business and affairs of the Authority shall be managed by its Board, except as otherwise provided by statute or by these Bylaws. 2. 2 Board of Directors. The Board of Directors ( hereinafter referred to as the Board) of the Authority shall consist of not less than five ( 5) persons and not more than nine ( 9) persons. BRA Board members are to be city residents or persons with an interest in property in the City of Manistee. 2. 3 Terms, Replacement and Vacancies. Of the initial members appointed, an equal number, or as near as practicable, shall be appointed for one year, two years and three years. Thereafter, each member shall serve for a term of three years. Subsequent Directors shall be appointed in the same manner as original appointments at the expiration of each Director' s term of office. A Director whose term of office has expired shall continue to hold office until his/ her successor has been appointed with the advice and consent of the City Council. A Director may be reappointed with the advice and consent of the City Council to serve additional terms. If a vacancy is created by death or resignation, a successor shall be appointed with the advice and consent of the City Council within thirty( 30) days to hold office for the remainder of the term of office so vacated. 2. 4 Board Absences. In order to maintain the maximum participation of all appointed Brownfield Redevelopment Authority members at all scheduled meetings, the following is the attendance guide and Board member replacement policy for" excused" or" unexcused" absences. 1. When appointed, each Board Member should state his/ her willingness and intention to attend each scheduled meeting of the Brownfield Redevelopment Authority. 2. In the event of unplanned personal matters, business trips, family vacation trips, changed job requirements, sickness, or other physical disabilities that prohibit the Board Member from attending the scheduled meeting; the Commission Chair or Staff Liaison to the Brownfield Redevelopment Authority should be notified as soon as possible prior to the time of the scheduled meeting of their inability to attend. The Board Member upon this notification will receive an " excused absence" for the involved scheduled meeting. 3. If any Board Member is absent from three ( 3) consecutive scheduled meetings without an excused absence" for any of the three ( 3) meetings, the Board Member shall be reported in writing to the City Manager. The City Manager will contact the Board Member in writing and question his/ her continued ability or interest in being on the Commission, giving the member a chance to rectify the attendance issue or submit a resignation. City of Manistee Brownfield Redevelopment Authority By Laws Page 1  4. There will be no limit on the number of consecutive " excused absences" for any Board Member. However, if the Board Member is repeatedly absent for at least 50% of the yearly scheduled meetings, that member will also be reported in writing to the City Manager. The City Manager will contact the Board Member in writing and question the member' s continued ability or interest to be on the Commission. The Board Member will be considered for an appointment nullification when the absences total six in the calendar year. 5. The appointment nullification action would be initiated by the City Manager and forwarded on to the City Council for official action. 2. 5 Removal. A Director may be removed form office for inefficiency, neglect of duty, or misconduct or malfeasance, by a majority vote of the City Council. 2. 6 Conflict of Interest. A Director who has a direct interest in any matter before the Authority shall disclose his/ her interest prior to any discussion of that matter by the Authority, which disclosure shall become a part of the record of the Authority' s official proceedings. The interested Director shall further refrain from participation in the Authority' s action to the matter. Each Director, upon taking office and annually thereafter, shall acknowledge in writing that they have read and agree to abide by this section. 2. 7 Meetings. Meetings of the Board may be called by or at the request of the Chairperson of the Board or any two Directors. The meetings of the Board shall be public, and the appropriate notice of such meetings shall be provided to the public. Regular meetings of the Brownfield Redevelopment Authority shall be held in each calendar quarter of each year. In no event shall there be less than four( 4) meetings per year. The Board shall hold an Annual Meeting in January of each year at which time officers of the Board shall be elected as provided in Article 3, Section 2. 2. 8 Notice. Notice of any meetings shall be given in accordance with the Open Meetings Act ( Act No. 267 of the Public Acts of 1976). 2. 9 Quorum. A majority of the members of the Directors then in office constitutes a quorum for the transaction of business at any meeting of the Board, provided, that a majority of the Board present may adjourn the meeting from time to time without any further notice. The vote of the majority of the Directors present at a meeting at which a quorum is present constitutes the action of the Board, unless the vote of a larger number is required by statute or by these Bylaws. Amendment of the Bylaws by the Board requires the vote of not less than a majority of the members of the Board then in office. 2. 10 Participation by Communication Equipment. A member of the Board or of a committee designated by the Board may participate in a meeting by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other. Participation in a meeting pursuant to this provision constitutes presence at the meeting. 2. 11 Committees. The Board may, by resolution passed by a majority of the whole board, designate one or more committees, each committee to consist of two or more of the Directors of the Authority. The Board may designate one or more Directors as alternate members of a committee, who may replace an absent or disqualified member at a meeting of the committee. In the absence or disqualification of a member of a committee, the members thereof present at a meeting and not City of Manistee Brownfield Redevelopment Authority By Laws Page 2  disqualified from voting, whether or not they constitute a quorum, may unanimously appoint another member of the Board to act at the meeting in place of such an absent or disqualified member. A committee, and each member thereof, shall serve at the pleasure of the Board. A committee so designated by the Board, to the extent provided in the resolution by the Board, may exercise all powers and authority of the Board in the management of the business and affairs of the Authority, except that such committee so may exercise all powers and authority to: (a) recommend to members a dissolution of the Authority, or revocation of dissolution, ( b) amend the Bylaws of the Authority, or( c) fill vacancies in the Board. ARTICLE 3: OFFICERS 3. 1 Officers. The officers of the Authority shall be elected by the Board and shall consist of a Chairperson, Vice Chairperson, and Secretary/ Treasurer. The Board may also appoint a Recording Secretary who need not be a member of the Board. Two or more offices may be held by the same person, but an officer shall not execute, acknowledge, or verify an instrument in more than one capacity if the instrument is required by law or Bylaws to be excluded, acknowledged, or verified by two or more officers. 3. 2 Nomination, Election and Term of Office. The officers of the Authority shall be elected by the Board at an Annual Meeting held in January of each year. Candidates shall be nominated by any Brownfield Redevelopment Authority Board member present at the meeting. 3. 3 Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled at any meeting of the Board for the unexpired portion of the terms of such office. 3. 4 Chairperson and Vice Chairperson. The Chairperson shall be the chief executive officer of the Authority, but he or she may from time to time delegate all or any part of his/ her duties to the Vice Chairperson. He or she, or in his/ her absence, the Vice Chairperson, shall preside at all meetings of the Board, he or she shall have general and active management of the business of the Authority and shall perform all the duties of the office as provided by law or these Bylaws. He or she shall be ex- officio a member of all standing committees, and shall have the general powers and duties of supervision and management of the Authority. 3. 5 Secretary/ Treasurer and Recording Secretary. The Secretary/ Treasurer shall attend all meetings of the Board and record all votes and the minutes of all proceedings in a book to be kept for that purpose, and shall perform like duties for the standing committees when required. They shall further perform all duties of the office of Secretary/ Treasurer as provided by law or these Bylaws. They shall be sworn to the faithful discharge of these duties. For the purposes of recording minutes the Secretary/ Treasurer may appoint a Recording Secretary. 3. 6 Delegation of Duties of Offices. In the absence of any officer of the Authority, or for any other reason that the Board may deem sufficient, the Board may delegate, from time to time and for such time as it may deem appropriate, the powers or duties, or any of them, of such officer to any other officer, or to any Director, provided a majority of the Board then in office concurs therein. City of Manistee Brownfield Redevelopment Authority By Laws Page 3 3. 7 Executive Committee. The Chairperson, Vice Chairperson and Secretary/ Treasurer shall comprise the Executive Committee. The Executive Committee, may upon a majority vote, authorize the expenditure of up to $ 500. 00 for any expense listed as an eligible item for expenditure under the approved Authority funding guidelines. The Executive Committee must report any such expenditures to the Board at the next regularly scheduled Board meeting. ARTICLE 4: CONTRACTS, LOANS, CHECKS AND DEPOSITS 4. 1 Contracts. The Board may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Authority, and such authority may be general or confined to specific instances. 4. 2 Loans/ Grants.No grant or loan shall be contracted on behalf of the Authority and no evidence of indebtedness shall be issued in its name unless authorized by a resolution of the Board and approved by the City Council. Such authority may be general or confined to specific instances. 4. 3 Checks, Drafts, etc. All checks, drafts or other orders for the payment of money, notes or other evidence of indebtedness issued in the name of the Authority, shall be signed by such officer or officers, agent or agents of the Authority and in such manner as shall from time to time be determined by resolution of the Board. 4.4 Deposits. All funds of the Authority not otherwise employed shall be deposited from time to time to the credit of the Authority in such banks, trust companies or other depositaries as the Board may select. ARTICLE 5: FISCAL YEAR The fiscal year of the Authority shall correspond at all times to the fiscal year of the City of Manistee. ARTICLE 6: Miscellaneous 6. 1 Seal. The Board shall provide a corporate seal which shall be the official seal of the Authority. 6. 2 Waiver of Notice. When the Board or any committee thereof may take action after notice to any person or after lapse of a prescribed period of time, the action may be taken without notice and without lapse of the period of time, if at any time before or after the action is completed the person entitled to notice or to participation in the action to be taken submits a signed waiver of such requirements. City of Manistee Brownfield Redevelopment Authority By Laws Page 4 ARTICLE 7: REVIEW AND AMENDMENTS These Bylaws will be reviewed annually at the Annual Meeting. These Bylaws may be altered, amended or repealed by the affirmative vote of a majority of the Board then in office at any regular or special meeting called for that purpose. Any proposed changes are subject to review and approval of the City Council. I HEREBY CERTIFY that the above Bylaws were adopted the 4th day of June, 2013. Jon Rose, BRA Administrator Annotation: Article III Officers, Section 7 Executive Committee amended to be authorized to spend up to$ 5, 000.00. Approved by BRA 7/ 27/ 06] Annotation: As approved by the City Council at their June 2, 2009 Meeting— Council authorized the bylaw amendments for all Boards and Commissions to include the new Board Absences language; directed all boards or commissions to implement and follow these changes as Council has requested; and authorized the Mayor to sign the amended bylaws. Approved by BRA 7/ 7/ 09] Annotation: Article II Directors, Section 2, Board of Directors was amended to add" BRA Board members are to be city residents or persons with an interest in property in the City of Manistee." Article III Officers, Section 2. Nomination, Election and Term of Office was amended by adding" any Brownfield Redevelopment Authority Board member present at the meeting" DELETING" a omination committee composed of three members appointed by the Chairperson. The term of each office shall be for one ( 1) year. Each officer shall hold office until his/ her successor is appointed. No persons shall hold the same office for more than three successive terms." Approved by BRA 9/ 7/ 10] Annotation: Article II, Directors, Section 2, Board of Directors was amended to delete" unless an EDC, DDA, TIFA, or LDFA board was appointed." Section 7, Meetings, was amended to delete" second calendar quarter of each year" and add" third calendar quarter of each year." Article VII, Review and Amendments, was amended to change` Organizational Meeting" to" Annual Meeting." Article III, Officers, Section 2, Nomination, Election and Term of Office was amended to delete" during the second calendar quarter of each year" and add" during the third calendar quarter of each year." Approved by BRA 6/ 7/ 11] Annotation: Article 2, Directors, Section 2. 7 Meetings was amended by adding: " Regular meetings of the Brownfield Redevelopment Authority shall be held in each calendar quarter of each year. In no event shall there be less than four( 4) meetings per year. The Board shall hold an Annual Meeting in January" deleting" during the third calendar quarter" and Article 3 Officers, Se3ction 3. 2 Nomination, Election and Term of Office adding" held in January" deleting" during the third calendar quarter"] Approved by the City of Manistee Council g- io-br 3 Date Colleen Kenny, Mayor City of Manistee Brownfield Redevelopment Authority By Laws Page 5 Memo To: City of Manistee Brownfield Redevelopment Authority Directors and Administrator From: T. Eftaxiadis, Eftaxiadis Consulting Inc. Date: January 28, 2014 Re: USEPA Grants Status 1. The two Grants (Petroleum and Hazardous) were extended by the USEPA to March 31, 2014. As of end of December 2013 the estimated balance remaining in the Grants is approximately $30,063 for the Hazardous and $6,315 for the Petroleum. An extension of the period of the Hazardous Grant to September 2014 would allow the completion of projects delayed due to severe adverse weather and/or lack of site access. 2. The status of “open” projects since the last BRA meeting (October 29, 2013) is as follows: i. North Channel Outlet. A prospective redeveloper of the property is still interested in assistance with performing environmental due diligence work and asbestos and structural surveys through the Grants. To date, formal access to the property from the property owner is not available. We continue to work with the prospective developer on available Brownfield programs for that property. ii. 518 First Street Property (former Rengo property). The property owner has provided access for environmental due diligence work (Phase I and II ESAs) through the Grants, prior to listing the property for sale. We are waiting for the owner to provide access to the interior of the building for the site walk component of the Phase I ESA. Additionally, a Phase II ESA would have to be delayed due to the cold and snowy conditions. iii. River Parc Place. The developer, the DDA, the BRA Administrator and the City Manager are in the process of determining the components of a Brownfield Plan, for future public hearing and action by the BRA and City Council. A special meeting of the BRA may be required in February or March. iv. 308 River Street. The property owner has expressed interest in performing Phase I and II ESAs and asbestos survey through the Grants. While there are no enough funds remaining in the Petroleum Grant for this work, an Eligibility Determination Request will be submitted to the US EPA for use of the Hazardous Grant funds for this property. v. Veterans Memorial Park. We are assisting the Community Foundation, AES and the veterans group by providing topographic survey for the planning of the memorial’s expansion, as well as technical support related to infrastructure improvements through Brownfield TIF. vi. Douglas Park Area. The City is applying for State of Michigan grants for the development of, and improvements at various sections of Douglas Park. A Phase I ESA is needed to identify potential environmental impacts to the development efforts due to historic brine extraction and processing activities at the site. Page 1 of 2 3. Additionally, the following currently inactive projects may require assistance through the EPA grants, prior to Grant expiration, to undertake Grant eligible activities: a. MAPS Vocational Training Facility – Brownfield Plan and Act 381 Work Plan. b. Bookmart – Asbestos/Lead Survey, Baseline Environmental Assessment (BEA), Brownfield Plan and Act 381 Work Plan. c. Manistee Iron Works - Brownfield Plan and Act 381 Work Plan. d. Century Boat Works – Phase I ESA, BEA, Brownfield Plan and Act 381 Work Plan. e. Hotel Northern - BEA, Brownfield Plan and Act 381 Work Plan. Please let me know if you have any questions or require additional information. Page 2 of 2 City of Manistee Brownfield Redevelopment Authority List of Action - 2013 Date Agenda Item Action 1/1/13 Meeting Cancelled No business conducted 2/5/13 Meeting Cancelled No business conducted 3/5/13 Financial Reports MOTION by Don Kuk, seconded by Jeff Stege to approve payment of invoices. With a voice vote motion passed unanimously. 3/5/13 US EPA Grants Status Phase II Environmental Site Assessment (ESA) was completed. Low levels of heavy metals were detected in few soil and Harbor View groundwater samples at concentrations exceeding cleanup criteria; the site is a “facility”. The metals are associated with fill materials, typical throughout City. 3/5/13 US EPA Grants Status Phase II Environmental Site Assessment (ESA) was completed. Low levels of heavy metals and PNAs were detected in Century Terrace soils at several locations; the site is a “facility”. No contamination was detected in the groundwater. 3/5/13 US EPA Grants Status A Phase II ESA was requested by owner, due to future expansion considered for portions of the property. The ESA has Seng’s Marina been completed and we have just received the draft report for review. We will discuss it at next meeting. 3/5/13 US EPA Grants Status Mr. Eftaxiadis stated that he represents the developer; has cleared potential conflict of interest with attorney. As part River Park Place II of the property transfer, the new owners requested a Baseline Environmental Assessment (BEA) through the EPA grant. The BEA, including an updated Phase I ESA was performed by NTH as required before submitting the BEA to the State. The developer has had discussions with City on collaborating on Brownfield Plan to include Public Infrastructure Improvements in the vicinity of the site. The BRA Plan approved in 2005 through the County BRA was never “activated”, as the former developer completed “eligible” activities but did not request reimbursement of eligible costs, therefore the old BRA Plan can be terminated; a new one may be developed for the new and expanded project . This issue will be addressed at a future meeting. 3/5/13 US EPA Grants Status The prospective buyer and its financial institution have requested Phase I & Phase II ESAs and a BEA, if needed. The Former Hotel property had a greenhouse on it and has potential environmental issues associated with pesticides and other chemicals Chippewa used. We will begin a Phase II ESA when the weather permits, subject to receiving a better redevelopment plan from the developer, in order to justify funding from the EPA grant. 3/5/13 US EPA Grants Status A Phase I ESA is being performed at this site, to assist the DDA with assessing the suitability of site conditions for placing Veterans Memorial buildings or other structures on the site at a future. There are past Leaking UST issues associated with nearby Park properties that may impact the park site. We just received the draft ESA report from NTH for review. We will report on the findings at the next meeting. 3/5/13 US EPA Grants Status A redeveloper who has a purchase agreement on the property, has requested the BRA’s assistance with performing MAPS Vocational ESAs at the site due to the past uses of the building (auto dealership and garage). The proposed future use is for an Training Building eating and drinking establishment. There are hoists with hydraulic oils, used motor oil, stained floors with floor drains, and asbestos on site. The preliminary findings of the ESAs will be available in the next two weeks. A BRA Plan will be probably required to deal with site environmental conditions, removal of hoists, asbestos, cleaning floors, etc. An application for BRA’s financial assistance and a development plan will be required prior to processing a BRA Plan. Page 1 of 7 City of Manistee Brownfield Redevelopment Authority List of Action - 2013 Date Agenda Item Action 3/5/13 US EPA Grants Status We are working with the City , the buyers and the DDA in dealing with the environmental due diligence issues related to Tuscan Grill the acquisition of the property We are currently conducting the Phase I & Phase II ESAs; NTH completed the sampling last week. We anticipate the need for a BEA. We are operating under an extremely tight schedule, due to the anticipated purchase of the property in May, wanting to open the restaurant in June. Previous sampling in 2008 (Phase I & II) was done by bank; however we have to have new samples and a Phase I ESA to move forward with the BEA. 4/2/13 Meeting Cancelled No business conducted 5/7/13 Meeting Cancelled No business conducted 6/4/13 NTH Rate Increase MOTION by Michael Mackin, seconded by Don Kuk, that the Brownfield Redevelopment Authority approves the request Request from NTH Consultants, LTD to increase the billing rate for Staff Professional services from $62 to $70 for Scott Venman only. With a Voice Vote this MOTION PASSED UNANIMOUSLY. 6/4/13 Financial Reports MOTION by Don Kuk, seconded by Marlene McBride to approve payment of invoices With a Voice Vote this MOTION PASSED UNANIMOUSLY. 6/4/13 Phase I ESA’s MOTION by Don Kuk, seconded by Michael Mackin WHEREAS, EC&S is no longer able to provide Phase I ES.As, and WHEREAS, NTH Consultants Ltd is no longer able to provide Phase I ESAs to the BRA’s USEPA Grants, and WHEREAS, there are four months remaining in the USEPA Grants, and WHEREAS, the single Phase I ESA. rate from EC&S was $2,400, and WHEREAS, the single Phase I ESA. rate from NTH was $2,100, and WEHREAS, there is not sufficient time to advertise and procure a new vendor to provide Phase I ESAs, therefore, be it RESOLVED that the City of Manistee Brownfield Redevelopment Authority authorizes T. Eftaxiadis, of Eftaxiadis Consulting Inc. to complete remaining Phase I ESAs for a lump sum rate of $2,000 each, be it further RESOLVED that Eftaxiadis Consulting Inc. will finish Phase I ESAs for 166 Cleveland Street and 133 16th Street plus up to four additional Phase I ESAs for a total of six by the end of the USEPA Grants period. With a Voice Vote this MOTION PASSED UNANIMOUSLY. 6/4/13 Grant Status - Veterans The Phase I ESA is complete. We do not anticipate conducting a Phase II ESA at this property. Memorial Park 6/4/13 US EPA Grant Status - The Phase I ESA is complete. The prospective property buyer has not provided a redevelopment plan, therefore, we do Former Hotel Chippewa not plan to conduct a Phase II ESA or a BEA at this property. 6/4/13 US EPA Grant Status – We are still waiting for formal access to the property from the property owner. North Channel Outlet 6/4/13 US EPA Grant Status - The Phase I ESA has been completed. The property is a “facility” per MDEQ rules. No BEA is needed since no change in Seng’s Marina ownership is pending. Page 2 of 7 City of Manistee Brownfield Redevelopment Authority List of Action - 2013 Date Agenda Item Action 6/4/13 US EPA Grant Status - At the request of the buyer and prospective redeveloper of this property, we have completed a Phase I ESA, a Phase II MAPS Vocational ESA, and an Asbestos & Lead Survey. The property is a “facility” per MDEQ rules, therefore we also prepared a BEA. Training Facility 6/4/13 US EPA Grant Status - At the request of the DDA-Main Street and the new owners and prospective redevelopers of this property, we have Former Tuscan Grill completed a Phase I ESA and a Phase II ESA. The property is a “facility” per MDEQ rules, therefore, we also prepared a BEA. 6/4/13 US EPA Grant Status - At the request of the new owners and their financial institution, we are currently working on Phase I and Phase II ESAs. 166 Cleveland Street The property is a “facility” per MDEQ rules, therefore, we are currently finalizing a BEA. An Asbestos & Lead Survey has Property (former Auto been completed. Value store) 6/4/13 US EPA Grant Status -133 At the request of the new owners and their financial institution, we are currently working on Phase I. Based on the 16th Street Property preliminary findings of the Phase I ESA, we anticipate that a Phase II ESA and a BEA will be needed. (former DRK Cabinetry) 6/4/13 Membership MOTION by Don Kuk, seconded by Michael Mackin that the Brownfield Redevelopment Authority recommends to City Council to reduce the number of Board of Directors members from nine to seven. With a Voice Vote this MOTION PASSED UNANIMOUSLY. 6/4/13 Appointment of a MOTION by Don Kuk, seconded by Marlene McBride that Denise Blakeslee be appointed as the Brownfield Recording Secretary 2013 Redevelopment Authority Recording Secretary for 2013. With a Voice Vote this MOTION PASSED UNANIMOUSLY. 6/4/13 By Law Review Motion by Don Kuk, seconded by Michael Mackin that the Brownfield Redevelopment Authority could amend their By- Laws as follows: 2.7 Meetings. Meetings of the Board may be called by or at the request of the Chairperson of the Board or any two Directors. The meetings of the Board shall be public, and the appropriate notice of such meetings shall be provided to the public. Regular meetings of the Brownfield Redevelopment Authority shall be held in each calendar quarter of each year. In no event shall there be less than four (4) meetings per year. The Board shall hold an Annual Meeting in January in the third calendar quarter of each year at which time officers of the Board shall be elected as provided in Article 3, Section 2. AND 3.2 Nomination, Election and Term of Office. The officers of the Authority shall be elected by the Board at an Annual Meeting held in January during the third calendar quarter of each year. Candidates shall be nominated by any Brownfield Redevelopment Authority Board member present at the meeting. With a Voice Vote this MOTION PASSED UNANIMOUSLY. Page 3 of 7 City of Manistee Brownfield Redevelopment Authority List of Action - 2013 Date Agenda Item Action 7/30/13 Financial Report MOTION by Donald Kuk, seconded by Marlene McBride to approve payment of invoices as submitted. With a Voice Vote this MOTION PASSED UNANIMOUSLY. 7/30/13 USEPA Grants Expiration The two grants (Petroleum and Hazardous) are due to expire on 9/30/13. Work performed through that date can be invoiced after that date. As of the end of July the estimated balance remaining in the Grants is approximately $38,800 for Hazardous and $9,200 for Petroleum. Following expiration of the Grants at the end of September the BRA will no longer be able to provide Grant-funded environmental due diligence and redevelopment assistance to prospective developers or other parties. Alternative funding mechanisms will be required. 7/30/13 US EPA Grant Status – An interested redeveloper is expected to request assistance with performing environmental due diligence work through North Channel Outlet the Grants. Formal access to the property form the property owner and EPA Eligibility Determination will be required. 7/30/13 US EPA Grant Status – Phase I and II ESA’s have been completed under previous USEPA grants. The property is a “facility” per MDEQ rules. Manistee Iron Works The property owner has inquired about the feasibility of performing an Asbestos and Lead survey through the Grants. Subject to funding availability and approval by USEPA, the survey may be performed in late August. 7/30/13 US EPA Grant Status – The Phase I and II ESAs, an Asbestos & Lead Survey, and the draft BEA have been completed. We are still waiting for MAPS Vocational the property owner to provide NTH with the signatures required to submit the BEA to the State. Training Facility 7/30/13 US EPA Grant Status – The Phase I and Phase II ESAs, the Asbestos & Lead Survey and the draft BEA have been completed. The BEA will be 166 Cleveland Street submitted to the State shortly. (former Auto Value) 7/30/13 US EPA Grant Status -133 The Phase I and Phase II ESAs have been completed. The property is a “facility”, therefore a draft BEA has been 16th Street (former DRK completed and will be submitted to the State shortly. Cabinetry) 7/30/13 US EPA Grant Status -518 The new property owner has expressed interest in environmental due diligence work through the grants and First Street (former redevelopment expense reimbursement through a Brownfield Plan. We are waiting for the owner to provide Rengo property) background documentation as needed for preparing an Eligibility Determination request for EPA approval. 7/30/13 US EPA Grant Status – The current property owner has expressed interest in obtaining environmental due diligence work through the Grants 429 River Street (Lloyd for the empty lot located behind the building. Preliminary Eligibility Determination work will be performed prior to Henry Building – empty committing Grant funds for Phase I and/or II ESAs. lot) 7/30/13 Oath of Office Denise Blakeslee in her capacity as a Notary Public administered the Oath of Office for W. Frank Beaver, Donald Members and/or Officer Kuk, Marlene McBride, Clinton McKinven-Copus 7/30/13 Section 6 Conflict of Members W. Frank Beaver, Donald Kuk, Marlene McBride, Clinton McKinven-Copus signed an Agreement to abide Interest by Section 6 Conflict of Interest of the By-Laws of the City of Manistee Brownfield Redevelopment Authority. Page 4 of 7 City of Manistee Brownfield Redevelopment Authority List of Action - 2013 Date Agenda Item Action 7/30/13 Appointment of Jon Rose has served as the Brownfield Director/Administrator since the BRA was formed in 2006. Mr. Rose Brownfield will be retiring from the City of Manistee and moving to Texline, Texas where he has accepted the position of Director/Administrator City Manager. With Mr. Rose’s departure Finance Director Ed Bradford has been assigned to serve as the Brownfield Director/Administrator. MOTION by Don Kuk, seconded by W. Frank Beaver that Ed Bradford be appointed as the Brownfield Director/Administrator. With a Voice Vote this MOTION PASSED UNANIMOUSLY. 7/30/13 Oath of Office Denise Blakeslee in her capacity as a Notary Public administered the Oath of Office for Mr. Bradford as the Director new Brownfield Director/Administrator. 10/29/13 Financial Reports MOTION by Frank Beaver, seconded by Steve Brower to approve payment of invoices as submitted. With a Voice Vote this motion passed unanimously. 10/29/13 Schedule Meeting Dates MOTION by Don Kuk, seconded by Frank Beaver to schedule the Brownfield Redevelopment Authority meetings for 2014 2:00 pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan for 2014 as follows: January 28, 2014 April 29, 2014 July 29, 2014 October 28, 2014 With a Voice Vote this motion passed unanimously. 10/29/13 US EPA Grant Extension Received notification that both grants have been extended until March 31, 2014. Remaining funds estimated at $8,000 Petroleum Grant and $50,000 +/- Hazardous Grant. The Board asked Mr. Eftaxiadis what will be done once USEPA grant funding is no longer available following the expiration of the grants. Mr. Eftaxiadis briefly discussed funding sources available to the BRA for its administrative expenses and for supporting environmental and redevelopment activities. Mr. Bradford discussed the past use of General Fund dollars to support some of the BRA’s administration costs, accountability and the need to reimburse the General Fund if funds are available. The members determined that a Planning Session needs to be scheduled as part of the January 28, 2014 meeting to discuss a business plan and budget for the BRA; the BRA members, the City Manager and the BRA staff will be involved in this planning session. Relevant material will be prepared in advance by staff for the planning session. 10/29/13 US EPA Grant Status Asbestos & Lead Survey of the former Iron Works Building has been completed. Iron Works Building Page 5 of 7 City of Manistee Brownfield Redevelopment Authority List of Action - 2013 10/29/13 US EPA Grant Status - Started Phase 1 ESA for the former Rengo Building, 518 River Street, however, the owner has put property up for sale; Former Rengo Building owner will be contacted to find out if need to proceed with work. 518 River Street 10/29/13 US EPA Grant Status - Contacted bank that now owns former North Channel Outlet, 84 & 86 Washington Street property, concerning Phase I North Channel Outlet and Phase II ESAs, ACM/LBP Survey and Structural Survey requested by interested redeveloper of the property. Bank is 84 & 86 Washington St not willing to provide access for any work in the building unless an offer to purchase is in place. Therefore, the assessments are currently on hold. 10/29/13 US EPA Grant Status - Per property owner, parking Lot on NE corner of Water and Oak Street may contain an underground fuel storage tank N/E Corner Water & Oak and other waste. Based on preliminary research required for an Eligibility Determination, no evidence of buried fuel tank was found. Per discussion with property owner, decided to not proceed with Phase I ESA, unless a development plan is prepared for property. Will prepare cover letter with available databases as attachments, and provide to owner. 10/29/13 US EPA Grant Status – Completed preliminary review of Armory Property and First Street Beach Area (locations of former lumbering & Armory Property salt/brining operations) as needed for the preparation of Eligibility Determinations. No adequate Sandborn Maps and AND other relevant information is available for properties. No need to expend additional effort at this time. First Street Beach Area 10/29/13 US EPA Grant Status – Veterans Memorial Park. A Phase I ESA was completed several months ago; no Phase 2 ESA was performed. Will talk Veteran’s Memorial Park with MSDDA to determine whether there are new plans for area that would justify proceeding with Phase 2 ESA. 10/29/13 City of Manistee Housing Mr. Eftaxiadis explained that the City of Manistee Housing Commission received a grant from the State of Michigan to Commission – Demolition demolish the former Manistee Plating Building. Due to the complexity of the procurement requirements for hiring a of former Manistee contractor under the Housing Commission/HUD guidelines and the need to expedite the process, the Housing Plating Building Commission is asking the Brownfield Redevelopment Authority to facilitate the procurement of the demolition contractor. The procurement process would be similar to the one that the BRA employed for the procurement of the demolition and remediation contractor for the 334 River Street project last year. The procurement would be done at no cost to the BRA or the City. The Housing Commission will pay all fees associated with the procurement of the contractor from the demolition grant funds. The contract to demolish the building will be between the Housing Commission and the selected Contractor, and will not involve the BRA or the City. MOTION by Don Kuk, seconded by Frank Beaver that the Brownfield Redevelopment Authority facilitates the procurement requirements for the demolition of the former Manistee Plating Building (parcel code #51-211-106-02). Any contracts for the work will be between the City of Manistee Housing Commission and the Contractor. All costs associated with the procurement and demolition will be paid by the Housing Commission. With a Voice Vote this motion passed unanimously, with Director McKinven-Copus abstaining due to a conflict of interest. Page 6 of 7 City of Manistee Brownfield Redevelopment Authority List of Action - 2013 10/29/13 Oath of Office Denise Blakeslee in her capacity as a Notary Public administered the Oath of Office for Steve Brower Members and/or Officer 10/29/13 Section 6 Conflict of Steve Brower signed an Agreement to abide by Section 6 Conflict of Interest of the By-Laws of the City of Interest Manistee Brownfield Redevelopment Authority 12/4/13 Special Meeting CANCELLED Page 7 of 7