Brownfield Redevelopment Authority

MANISTEE CITY BROWNFIELD REDEVELOPMENT AUTHORITY Meeting of January 3, 2017 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 3, 2017 agenda. IV APPROVAL OF MINUTES At this time Brownfield Redevelopment Authority can take action to approve the August 2, 2016 meeting minutes. There was not a quorum at the December 6, 2017 meeting. V PUBLIC HEARING VI FINANCIAL REPORTS Approval of Invoices At this time the Brownfield Redevelopment Authority will review the summary of paid invoices. Financial Statements Finance Director Ed Bradford will give a financial status update on the Brownfield Redevelopment Authority Funds. VII NEW BUSINESS Review/Approval of the TIF Implementation Plans – “Private Component” South Washington Area Redevelopment Project A TIF Implementation Plan for the “private component” of the South Washington Area Redevelopment Project (River Parc and North Channel properties) as required under the Development and Reimbursement Agreement between the Brownfield Redevelopment Authority, City of Manistee and Manistee Investment Partners LLC. At this time the Brownfield Redevelopment Authority could take action to approve the TIF Implementation Plan for the “private component” of South Washington Area Redevelopment Project. 1|P age  Review/Approval of the TIF Implementation Plans – “Public Component” South Washington Area Redevelopment Project A TIF Implementation Plan for the “public component” of the South Washington Area Redevelopment Project (River Parc and North Channel properties) as required under the Development and Reimbursement Agreement between the Brownfield Redevelopment Authority, City of Manistee and Manistee Investment Partners LLC. At this time the Brownfield Redevelopment Authority could take action to approve the TIF Implementation Plan for the “public component” of South Washington Area Redevelopment Project. 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 2017. Vice-Chair - The Brownfield Redevelopment Authority will select a Vice Chair for 2017. Secretary/Treasurer - The Brownfield Redevelopment Authority will select a Secretary for 2017. Appointment of a Recording Secretary 2017 At this time the Brownfield Redevelopment Authority Secretary appointed for 2017 may appoint a Recording Secretary for 2017. 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 2|P age  Office and agree to abide by Section 6 Conflict of Interest of the By-Laws of the City of Manistee Brownfield Redevelopment Authority. Project Updates Staff will update the Brownfield Redevelopment Authority on the status of current projects. VIII OLD BUSINESS Schedule Meeting dates for 2017 At this time the Brownfield Redevelopment will take action to schedule their meeting dates for 2017. There was not a quorum at the December 6, 2016 Brownfield Redevelopment Authority Meeting. The Authority needs to schedule the remainder of their meetings for 2017. The By-Laws require that quarterly meetings be held in January, April, July, and October. At this time the Brownfield Redevelopment Authority could take action to schedule the remainder of their meetings for 2017. 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 3|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 Administrator DATE: December 22, 2016 RE: January 3, 2017 Meeting The next meeting of the Brownfield Redevelopment Authority Meeting will be on Tuesday, January 3, 2017. A copy of the meeting agenda and attachments are enclosed for your review except for the TIF Implementation Plan for the “Public Component” which was not received in time to go in the packets. This will be mailed separately next week. If you are unable to attend the meeting please call me at 398.2805.  MANISTEE CITY BROWNFIELD REDEVELOPMENT AUTHORITY 70 Maple Street Manistee, MI 49660 MEETING MINUTES August 2, 2016 A meeting of the Manistee City Brownfield Redevelopment Authority was held on August 2, 2016 at 2pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 2:00 pm by Chair Clinton McKinven-Copus ROLL CALL Members Present: Meagan Kempf, Donald Kuk, Marlene McBride, Clinton McKinven-Copus, Jeffrey Stege Members Absent: W. Frank Beaver, Steve Brower (excused), Others: T. Eftaxiadis (BRA Consultant), Ed Bradford (BRA Administrator), Denise Blakeslee (Recording Secretary) The Authority welcomed new member Meagan Kempf. Denise Blakeslee had a conflict and was unable to attend the first part of the meeting Ed Bradford acted as recording secretary until Ms. Blakeslee arrived. APPROVAL OF AGENDA Motion by Don Kuk, seconded by Marlene McBride that the agenda be approved as prepared. With a Voice Vote this motion passed unanimously APPROVAL OF MINUTES Motion by Don Kuk, seconded by Jeff Stege that the minutes of the June 7, 2016 Brownfield Redevelopment Authority Meeting be approved as prepared. With a Voice Vote this motion passed unanimously PUBLC HEARING None City of Manistee Brownfield Redevelopment Authority Meeting Minutes of August 2, 2016 Page 1 NEW BUSINESS Site Visit – 334 River Street Members of the Brownfield Redevelopment Authority left City hall to perform a site visit at 334 River Street. On September 7, 2010 the City of Manistee Brownfield Redevelopment Authority approved a Brownfield Plan for the 334 River Street Redevelopment Project. An Act 381 Work Plan was submitted on October 5, 2010 which was mostly funded by Petroleum Impacted Sites Assessment Grant BF- 00E44301-0. A summary of the activities include: o Installation of sheet pilings and several retaining walls in the NE and NW portions of the building as required for the excavation and removal of contaminated soils and waste under the building. o Excavation, removal, transport and disposal of contaminated and oily soils, and wastes (fly ash, coal residue, sawdust, cinders and foundry sand) from numerous locations under the building. o Disposal of asbestos debris from the building basement. o Removal of boiler, condensers, furnace and oily piping systems throughout the building. o Removal, disposal and replacement of former garage oil-saturated wood floors, timber beam sleepers and wood sheathing in the NW building. o Draining of hydraulic hoists (3) and remove hoist concrete bases. o Grading and compaction of remaining soils at the removal areas, placement of clean fill, and installation of impermeable membrane caps over the north portion of the NW building and the north portions of the NE building. o Installation of vapor barrier and concrete cap over the south portion of the NW building (over remaining oil-saturated soils). o Construction of retaining walls and reinforcing shear walls as needed for the demolition of the NE portion of the building. o Demolition of roof, walls and structural elements of the NE portion of the building. o Restoration of neighboring properties impacted by the remediation and demolition activities. 2015 TIF Capture for 334 River Street Directors received a memo from Edward Bradford, Brownfield Administrator regarding 334 River Street Tax Capture (attached). The Directors discussed the project and distribution of funds. Ms. Blakeslee entered the meeting. MOTION by Don Kuk, seconded by Marlene McBride that the City of Manistee Brownfield Redevelopment Authority approves the 2015 distribution of funds for 334 River Street as outlined in the memo prepared by Brownfield Administrator Ed Bradford dated July 27, 2016 and that $195.51 BRA Administrative Fee be paid and staff is authorized to reimburse remaining funds. With a Voice Vote this motion passed unanimously City of Manistee Brownfield Redevelopment Authority Meeting Minutes of August 2, 2016 Page 2 Consideration of Fiscal Year 2017 Brownfield Redevelopment Authority Budget Edward Bradford, Brownfield Administrator presented a budget for Fiscal Year 2017 for consideration MOTION by Don Kuk, seconded by Meagan Kempf to adopt Fiscal Year 2017 Brownfield Redevelopment Authority Budget as prepared. With a Voice Vote this motion passed unanimously FINANCIAL REPORTS Approval of Invoices – There were no new invoices. BRA Financing Finance Director Ed Bradford reviewed the Balance Sheet and Revenue/Expenditure Report with the Directors (attached). MOTION by Don Kuk, seconded by Jeff Stege to approve the Balance Sheet and Revenue/Expenditure Report as submitted. With a Voice Vote this motion passed unanimously Project Update Finance Director Ed Bradford and T. Eftaxiadis updated the Directors on the Edgewater project. OLD BUSINESS 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. New Member Meagan Kempf took her 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. PUBLIC COMMENTS AND COMMUNICATIONS None CORRESPONDENCE None City of Manistee Brownfield Redevelopment Authority Meeting Minutes of August 2, 2016 Page 3 STAFF REPORTS Ed Bradford, BRA Administrator – City Council will be reviewing the County Brownfield Plan for Joslin Cove and a Development Agreement for the project at the Council Meeting tomorrow evening. The next regular meeting of the Brownfield Redevelopment Authority will be held on September 6, 2016. ADJOURNMENT Motion by Don Kuk, seconded by Marlene McBride that the meeting be adjourned. MOTION PASSED UNANIMOUSLY. Meeting adjourned at 3:40 pm MANISTEE CITY BROWNFIELD REDEVLOPMENT AUTHORITY ____________________________________ Denise Blakeslee, Recording Secretary City of Manistee Brownfield Redevelopment Authority Meeting Minutes of August 2, 2016 Page 4 City of Manistee Brownfield Redevelopment Authority Meeting Minutes of August 2, 2016 Page 5 City of Manistee Brownfield Redevelopment Authority Meeting Minutes of August 2, 2016 Page 6 City of Manistee Brownfield Redevelopment Authority Meeting Minutes of August 2, 2016 Page 7  CITY OF MANISTEE BROWNFIELD REDEVELOPMENT AUTHORITY SUMMARY OF INVOICES SUBMITTED FOR PAYMENT REPORTING PERIOD: August 1, 2016 – December 16, 2016 VENDOR NAME DATE INVOICE NUMBER INVOICE SERVICE DESCRIPTION AMOUNT Eftaxiadis Consulting Inc. 8/1/16 CMBRA-1607 2,613.75 Consulting, Brownfield Service Eftaxiadis Consulting Inc. 9/8/16 CMBRA-1608 318.75 BRA/TIF Mgmt/Bookmark Red Eftaxiadis Consulting Inc. 10/10/16 CMBRA-1609 361.25 CMBRA Tech Ser/Bookmark TOTAL: $3,293.75  BALANCE SHEET Page: 1 12/16/2016 City of Manistee 1:54 pm As of: 11/30/2016 Balances Fund: 243 - BROWNFIELD REDEVELOPMENT AUTHO Assets 001.000 Cash 15,855.48 Total Assets 15,855.48 Reserves/Balances 390.000 Fund Balance 16,915.28 398.000 Change in Fund Balance -1,059.80 Total Reserves/Balances 15,855.48 Total Liabilities & Balances 15,855.48  REVENUE/EXPENDITURE REPORT Page: 1 City of Manistee 12/16/2016 For the Period: 7/1/2016 to 11/30/2016 1:53 pm Original Bud. Amended Bud. YTD Actual CURR MTH Encumb. YTD UnencBal % Bud Fund: 243 - BROWNFIELD REDEVELOPMENT AUTHO Revenues Dept: 000 402.000 Real & Personal Property Tax 379749 09/16/2016 CR Rcd From: OPERATING ACCOUNT Ref ID: RE 37.45 Drawer:EFT Type:TXDIS 1169 Real & Personal Property Tax 0.00 0.00 37.45 0.00 0.00 -37.45 0.0 Dept: 000 0.00 0.00 37.45 0.00 0.00 -37.45 0.0 Revenues 0.00 0.00 37.45 0.00 0.00 -37.45 0.0 Expenditures Dept: 000 728.000 SUPPLIES - Operating 376529 07/19/2016 AP JACKPINE BUSINESS CENTERS Insert 13.50 INV#: 404500-0 88726 SUPPLIES - Operating 0.00 0.00 13.50 0.00 0.00 -13.50 0.0 801.000 Professional Services 377766 07/01/2016 RE 2016 Accrued Payables REVERSED -2,210.00 377970 08/01/2016 AP EFTAXIADIS CONSULTING LLC Consulting, Brownfield Service 2,613.75 INV#: CMBRA-1607 89051 379905 09/08/2016 AP EFTAXIADIS CONSULTING LLC BRA/TIF Mgmt/Bookmart Red 318.75 INV#: CMBRA-1608 89648 382571 10/10/2016 AP EFTAXIADIS CONSULTING LLC CMBRA Tech Serv/Bookmart 361.25 INV#: CMBRA-1609 90301 Professional Services 0.00 0.00 1,083.75 0.00 0.00 -1,083.75 0.0 Dept: 000 0.00 0.00 1,097.25 0.00 0.00 -1,097.25 0.0 Expenditures 0.00 0.00 1,097.25 0.00 0.00 -1,097.25 0.0  IMPLEMENTATION PLAN FOR BROWNFIELD TIF REIMBURSABLE ACTIVITIES AT THE SOUTH WASHINGTON AREA PROPERTIES (RIVER PARC AND NORTH CHANNEL BUILDINGS) MANISTEE, MICHIGAN JULY 2016 INTRODUCTION AND PURPOSE The South Washington Area (“SWA”) redevelopment project includes two buildings (former River Parc and North Channel buildings) and vacant land adjacent to the buildings, collectively known as the Private Property (“Property”), as well as public areas and public right-of-ways adjacent to, or associated with the Property. The Property is shown on the attached survey (Figure 1). The Scope and the costs presented in this TIF Implementation Plan (“Plan”) are for “eligible” activities that will be implemented on the Property by the Private Developer (“Developer”) based on the terms of a Development and Reimbursement Agreement (“D&RA”) executed by the City of Manistee Brownfield Redevelopment Authority (“CMBRA”), City of Manistee (“City”) and Developer. It is anticipated that the City will prepare a similar TIF Implementation Plan for the eligible activities (public infrastructure improvements) that the City will undertake per the terms of the D&RA. Cost estimates for the Developer’s eligible activities provided in this Plan were generated in early 2015 as part of the preparation of the Brownfield Plan for the SWA based on the experience of the Developer and the Developer’s consultants and engineers with similar projects. Due to the time lapse between 2015 and the implementation of the redevelopment activities, the actual eligible redevelopment expenses may vary from the original estimates. Therefore, the estimates for some eligible activities may require updating upon receipt of bids from contractors. It should be noted that, while TIF capture revenues designated and approved by the State agencies for reimbursement of environmental eligible expenses cannot be re- allocated to reimburse non-environmental expenses, and vise verse, re-allocation of TIF for reimbursement of eligible expenses within the environmental and non-environmental categories may be authorized by the CMBRA if the actual expenses differ from the original estimates. 1 The numbers in parentheses shown before each description of the eligible activities presented below correspond to the numbers of the eligible activities described in the Act 381 Work Plan, and represent the codes that will be assigned to the actual redevelopment expenses for the purpose of tracking, accounting as needed for their reimbursement through TIF revenues. ENVIRONMENTAL ELIGIBLE ACTIVITIES The Environmental Eligible Activities include the development of site-specific Due Care and Construction Management plan(s); the design and implementation of engineering controls and/or other measures based on the Due Care plan; and placement of deed/land use restrictions as needed. (2.1.2.a) Supplemental Due Care Assessments – Supplemental soil assessments may be required at the property to better define the extent of contamination previously documented at selected locations as needed for the implementation of engineering controls and installation of public and private utilities. While the scope of these assessments cannot be anticipated at this time, it may consist of collection and analysis of limited number of surface and subsurface soil samples and analysis for compounds of concern, and preparation of report(s). For budgeting purposes it is estimated that up to two such assessments may be required involving the collection of up to 20 samples and analysis for selected compounds. (2.1.2.b) Due Care Surveys: Topographic survey may be required for the design of the anticipated engineering controls to be described in the Due Care Plan. (2.1.2.c) Due Care Plan: A Due Care plan will be prepared to describe required engineering controls, construction health & safety issues, and use restrictions for the Property. Cost Estimate for Activities 2.1.2 (a, b and c) above = $10,000. (2.1.2.d) Contaminated Soil Capping - Interior: Contaminated soils (exceeding Direct Contact criteria) located at the crawl space of the North Channel building (up to 8,000 sf) will be capped to eliminate contact by construction workers, building tenants, owners and customers. Cost Estimate = $35,000. (2.1.2.e) Contaminated Soil Capping/Removal - Exterior: Contaminated soils at several locations at the Property exceed the Direct Contact and/or the GSIP criteria. The locations where engineering controls or disposal are proposed to address contamination by heavy metals and/or PNAs include the open area between the River Parc and North Channel buildings, the open areas north, west and northwest of the North Channel building, and the open area south of the River Parc building. The cost provided here includes material, labor, additional 2 sampling and analysis, engineering/field oversight, and reporting. Cost Estimate = $90,000. (2.1.6) Brownfield Plan and Work Plan This task includes the preparation of the environmental components of the Brownfield Plan, the Act 381 Work Plan and the D&RA, by the Developer on behalf of the CMBRA. Cost Estimate = $10,000. (2.1.7) Contingency A contingency on the environmental costs is included in the project budget. Cost Estimate = $21,750 NON-ENVIRONMENTAL ELIGIBLE ACTIVITIES The Non-environmental Eligible Activities that will be undertaken by the Developer are described below. (2.2.1.h) Short Street Retaining Wall The installation of a retaining structure between the west edge of the Property and Short Street will be undertaken jointly by the City and Developer, and initially financed by the Developer. The retaining structure is required to stabilize the east and southeast banks of Short Street and the south slope of the hill west of the Property that are currently eroding and cause soils to spill onto the Property and into the Manistee River Channel due to the steep slope gradient. The stabilization of the Short Street slope will also allow the structural stabilization of the northwest corner of the River Parc building, and the construction of parking areas along the west edges of the North Channel parcel. The retaining wall will be designed by the City and constructed by the Developer’s contractor. While an initial cost estimate for this eligible activity was generated several years ago and is presented here, the final cost is expected to be revised substantially (>$340,000), therefore it would require a re-allocation of TIF revenues between eligible non-environmental activities. Cost Estimate (initial) = $150,000. (2.2.2) Demolitions Due to the functionally obsolete nature of both buildings and other structures on the Property, demolition and/or removal of existing interior and exterior structures and building components will be required. This activity includes:  Exterior Building Demolition that involves remnants of former industrial structures adjacent to the North Channel building, as well as the unstable north “shared” wall of this building. 3   Interior Demolition that involves removal of unstable interior and exterior walls, roof components, floors, staircases, doors and windows, and other structures prior to rehabilitating, rebuilding and/or replacing them in both buildings. Several interior structures damaged by fires (North Channel building) and water/ice (both buildings) will also require demolition. Cost Estimate (all building demolitions) = $30,000.  Site Demolition that includes removal of inactive aerial and underground utilities, obsolete pavements, sidewalks and concrete foundations of former historic structures, and associated structural inspections and engineering. Cost Estimate: $20,000. (2.2.3) Lead Abatement Based on the Hazardous Materials Survey of the North Channel building most interior, and some exterior surfaces contain Lead Based Paint (“LBP”) that will require abatement prior to rehabilitating the proposed commercial and residential sections of the building. Cost Estimate: $35,000. (2.2.4) Asbestos Abatement Also based on the Hazardous Materials Survey performed at the North Channel building, Asbestos Containing Materials (“ACM”) are present throughout the building in the form of floor tile and mastic and window caulking, as well as light ballasts, electric switches potentially containing hazardous oils, and animal droppings. These materials will be abated concurrently with the ACM abatement prior to redevelopment. Cost Estimate: $40,000. (2.2.5) Site Preparation The following site preparation activities are required to prepare the North Channel building and exterior portions of the overall Property for redevelopment: (2.2.5.a) Site grading & balancing. This activity is required on the Property to allow construction of access drives, surface parking, and for storm water control and re- direction. The areas where grading and balancing will be required include the north portion of the River Parc parcel and most of the North Channel parcels. Cost Estimate = $15,000. (2.2.5.b) Debris and fill material management. Historic debris piles at the southwest portion of the North Channel parcel will be removed to allow construction of the access drive (fire lane). Cost Estimate = $5,000. 4  (2.2.5.c) Structural improvements. Based on the Structural Survey of the North Channel building, major structural reinforcement of wooden supporting columns at the central section of the building will be required due to partial collapse associated with the historic fire. Additionally, the entire north wall of the building is unstable due to the demolition of the buildings north of the North Channel building in the 1980s; the buildings shared that wall. This wall will require rebuilding and/or reinforcement. Cost Estimate = $200,000 (including engineering). (2.2.9) Brownfield Plan and Act 381 Work Plan This task includes the preparation of the non-environmental components of the Brownfield Plan, Act 381 Work Plan and associated documentation on behalf of the CMBRA. Cost Estimate = $10,000 (2.2.10) Contingency A contingency on the Site Preparation expenses (activity 2.2.5 above) is included in the project budget. Cost Estimate = $51,750. 5  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 The officers of the Authority shall be elected by the of Office. 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 Memorandum Denise Blakeslee To: Brownfield Redevelopment Authority Planning & Zoning Administrator FROM: Denise Blakeslee 70 Maple Street Manistee, MI 49660 Planning & Zoning Administrator 231.398.2805 dblakeslee@manisteemi.gov DATE: November 30, 2016 www.manisteemi.gov RE: Proposed Meeting Dates 2017 Directors, Section 2.7 of the Brownfield Redevelopment Authority By Laws reads as follows: 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. At the February 9, 2016 meeting the Directors discussed the need to hold additional meetings in 2016 due to the responsibilities for the North Washington Area Redevelopment Project and staff recommended changing the meetings to the first Tuesday of the month starting in April. In 2016 the BRA held meetings in February, June, and August with the remaining meetings being cancelled. The BRA will need to discuss their meeting schedule for 2017 and using the First Tuesday of the month as a template the meetings for 2017 would be as follows: January 3, 2017 February 7, 2017 March 7, 2017 April 4, 2017 May 2, 2017 June 6, 2017 July 11, 2017 * August 1, 2017 changed due to holiday September 5, 2017 October 3, 2017 November 7, 2017 December 5, 2017 The By Laws will be reviewed during the Annual Meeting in January. This will provide an opportunity to discuss if any changes are needed in Section 2.7 Meetings to avoid any violations of the By Laws.