City Council

MANISTEE CITY COUNCIL MEETING AGENDA TUESDAY, APRIL 7, 2015 – 7:00 P.M. – COUNCIL CHAMBERS I. Call to Order. a.) PLEDGE OF ALLEGIANCE. b.) ROLL CALL. II. Public Hearings. III. Citizen Comments on Agenda Related Items. IV. Consent Agenda. All agenda items marked with an asterisk (*) are on the consent agenda and considered by the City Manager to be routine matters. Prior to approval of the Consent Agenda, any member of Council may have an item from the Consent Agenda removed and taken up during the regular portion of the meeting. Consent agenda items include: V. Approval of Minutes. VI. a.) Approval of Payroll. b.) Cash Balances Report. XI. c.) Notification Regarding Next Work Session. d.) Consideration of a Resolution, Administrative Professional Week and Day. e.) Consideration of Annual Events for the Non-Motorized Transportation Committee. f.) Consideration of Proclaiming April 2015 as Parliamentary Law Month. At this time Council could take action to approve the Consent Agenda as presented. CITY COUNCIL AGENDA – APRIL 7, 2015 PAGE 1 *V. Approval of Minutes. Approval of the minutes of the March 17, 2015 regular meeting and the March 31, 2015 special meeting as attached VI. Financial Report. *a.) APPROVAL OF PAYROLL. *b.) CASH BALANCES REPORT. VII. Unfinished Business. VIII. New Business. a.) CONSIDERATION OF AN INTERIM CITY MANAGER CONTRACT. At the Special Council meeting of March 31, 2015 Council took action to appoint Mr. R. Ben Bifoss as Interim City Manager and directed the City Attorney to prepare an employment agreement. Attached is the contract as prepared by the City Attorney and approved by Mr. Bifoss. At this time Council could take action to approve a contract with R. Ben Bifoss for the position of Interim City Manager; and authorize the Mayor and City Clerk to execute the agreement. b.) CONSIDERATION OF AUTHORIZING EVENT SIGNAGE FOR THE AMERICAN LEGION. A request has been received from the American Legion to allow the placement of a two-sided sign at the former Mobile Station on River Street and the corner of US-31/Cypress Street advertising their All-U-Can Eat Friday Night Fish Fry – Smorgasbord. They are requesting permission to put the sign out on Thursday and remove it on Saturday beginning April 9, 2015 through October 24, 2015 (every other week). Under Section 2101.A.8 City Council may approve exceptions to the Sign Ordinance for community events. At this time Council could take action to grant an exception to the American Legion for placement of a sign advertising their Friday Night Fish Fry beginning April 9, 2015 through October 24, 2015 (every other week) as permitted under Section 2101.A.8 of the Zoning Ordinance. CITY COUNCIL AGENDA – APRIL 7, 2015 PAGE 2 c.) CONSIDERATION OF THE PURCHASE AND INSTALLATION OF A CUMMINS 150 KILOWATT GENERATOR. The City Water and Sewer Departments have been implementing a plan to provide backup power to each of its critical components. The next priority in the sewer collection system is the Renaissance Park pump station. Funds for this purchase are budgeted in the water and sewer bond proceeds. At this time Council could take action to approve the purchase and installation of the Cummins 150 kilowatt generator through Top Line Electric in the amount of $45,410. d.) CONSIDERATION OF APPLICATIONS TO BOARDS AND COMMISSIONS. The City Clerk has taken action to advertise vacancies on the Non-Motorized Transportation Committee. All appointments by the Mayor are subject to the Council’s approval, unless otherwise specified by statute or ordinance. Nominations for Council appointments do not require a second. After a member of Council nominates an individual for appointment, Council shall vote on the nomination. A majority vote in favor of placement of the nominee is required for appointment. The following application(s) have been received: NON-MOTORIZED TRANSPORTATION COMMITTEE. One two-year term ending 03/31/17, Mayoral appointment. Jim Snoeyink, 3271 Lakeshore Road At this time the Mayor and Council could take action to make appointments as noted above. IX. Notices, Communications, Announcements. a.) A REPORT FROM THE COUNTY PROSECUTOR AND THE HOUSING COMMISSION. A regular part of each Council meeting is a report from a cooperating agency, organization or department. At this time Mr. Ford Stone will report on the activities of the County Prosecutor’s Office and respond to any questions the Council may have regarding their activities. CITY COUNCIL AGENDA – APRIL 7, 2015 PAGE 3  At this time Mr. Clinton McKinven-Copus will report on the activities of the Housing Commission and respond to any questions the Council may have regarding their activities. No action is required on this item. b.) INTRODUCTION OF THE FISCAL YEAR 2015-2016 BUDGET. Administration has prepared the proposed 2015-2016 Fiscal Year Budget. Finance Director Ed Bradford will give a brief introduction of the budget recommendations to City Council and the Community. Various budget work sessions have been established: a regular work session on Tuesday, April 14; a work session on Tuesday, April 21 following the regular meeting; and an optional work session for April 28, 2015. The public hearing to review these budget recommendations and receive public input on them has been scheduled for Tuesday, April 21, 2015. Budget adoption is anticipated at the regular meeting of May 5, 2015. No action is required on this item. *c.) NOTIFICATION REGARDING NEXT WORK SESSION. A Council work session has been scheduled for Tuesday, April 14, 2015 at 7 p.m. A discussion will be conducted on the 2015-2016 Budget and Capital Improvement Plan; and such business as may come before the Council. No action is required on this item. *d.) CONSIDERATION OF A RESOLUTION, ADMINISTRATIVE PROFESSIONALS WEEK AND DAY. In recognition of the contributions to the workplace provided by all administrative professionals, a resolution has been prepared proclaiming the week of April 19-25, 2015 as Administrative Professionals Week, and Wednesday, April 22, 2015 as Administrative Professionals Day in the City of Manistee. At this time Council could take action to proclaim the week of April 19-25, 2015 as Administrative Professionals Week and Wednesday, April 22, 2015 as Administrative Professionals Day in the City of Manistee. CITY COUNCIL AGENDA – APRIL 7, 2015 PAGE 4 *e.) CONSIDERATION OF ANNUAL EVENTS FOR THE NON-MOTORIZED TRANSPORTATION COMMITTEE. The Non-Motorized Transportation Committee is looking to host three events this year: Healthy Active Manistee (H.A.M. it Up!), Labor Day Bridge Walk and a Ride of Silence. The Committee is requesting City Council’s approval and endorsement for the seventh annual Healthy Active Manistee (H.A.M. it Up!) to be held May 15, 2015 through May 17, 2015. A new event, a Ride of Silence that will be held on May 20, 2015 (rain date May 23, 2015). The fourth annual Labor Day Bridge Walk on Monday, September 7, 2015. These events promote healthy activities for people of all abilities to enjoy. The routes for the H.A.M. it Up! 5K Run/Walk, Labor Day Bridge Walk, and the Ride of Silence will be finalized and submitted to the Police Department for final approval. At this time Council could take action to approve annual events for the Non- Motorized Transportation Committee including H.A.M. it Up!, Ride of Silence, and the Labor Day Bridge Walk. *f.) CONSIDERATION OF PROCLAIMING APRIL 2015 AS PARLIAMENTARY LAW MONTH. Parliamentarian Stephen Wall has requested that Council consider proclaiming the month of April as Parliamentary Law Month. The correct use of parliamentary procedure protects the rights of all, while fostering an orderly deliberation at meetings. At this time Council could take action to proclaim the month of April as Parliamentary Law month in the City of Manistee. X. Concerns and Comments. a.) CITIZEN COMMENT. This is an opportunity for citizens to comment on municipal services, activities or areas of City involvement. Citizens in attendance shall be recognized by the Mayor for comments (limited to five minutes). Letters submitted to Council will not be publicly read. CITY COUNCIL AGENDA – APRIL 7, 2015 PAGE 5 b.) OFFICIALS AND STAFF. c.) COUNCILMEMBERS. XI. Adjourn. :cl COUNCIL AGENDA ATTACHMENTS: Council Meeting Minutes – March 17, 2015 Council Special Meeting Minutes – March 31, 2015 Cash Balances Report Interim City Manager Agreement American Legion Event Signage Request Generator Purchase Board & Commission Applications APW Resolution Non-Motorized Transportation Annual Events Request Parliamentary Law Month Proclamation CITY COUNCIL AGENDA – APRIL 7, 2015 PAGE 6  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – March 17, 2015 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Colleen Kenny on Tuesday, March 17, 2015 at 7:00 p.m. in the City Hall Council Chambers, 70 Maple Street, followed by the Pledge of Allegiance. PRESENT: Colleen Kenny, Edward Cote, Roger Zielinski, Robert Goodspeed, James Smith, Mark Wittlieff, and Eric Gustad. ALSO PRESENT: City Manager – Mitch Deisch, City Attorney – George Saylor, City Clerk – Michelle Wright, DPW Director – Jeff Mikula, Finance Director – Ed Bradford, Planning & Zoning Administrator ‐ Denise Blakeslee, Public Safety Director – Dave Bachman, and City Engineer – Shawn Middleton/Spicer Group. PUBLIC HEARING ON THE CLOSEOUT OF THE MICHIGAN COMMUNITY DEVELOPMENT BLOCK GRANT, 312 RIVER STREET. The City of Manistee will conduct a public hearing on Tuesday, March 17, 2015 at 7 p.m. for the purpose of affording citizens an opportunity to examine and submit comments on the proposed closeout of the $330,000 CDBG grant. The grant has been successfully completed and was used for acquisition and rehabilitation of the “Winkler Block” building at 312 River Street. CDBG funds were used to accomplish the renovation of a historical building that was vacant and had fallen into serious disrepair into a successful restaurant where at least 51% of the beneficiaries (in the form of job creation) from the project were low and moderate income persons while establishing itself as an anchor business in Historic Downtown Manistee. The public was invited to speak on the closeout of the Michigan Community Development Block Grant (CDBG) funding for 312 River Street Signature Building Project. Patrick Kay, MSDDA director, gave a background of the grant and the funding eligibility; stated that the Blue Fish Kitchen & Bar fulfilled all necessary requirements; they had to spend $585,000 to renovate the property in order to receive the $330,000 grant. No other comments were received. Public Hearing closed at 7:07 p.m. CITIZEN COMMENTS ON AGENDA RELATED ITEMS. Francis O’Donnell, attorney representing Ed Seng and the various Seng businesses, commented on the request to amend the Development Agreement regarding 200 River Street; their goals are to amend the agreement and amend the Zoning Ordinance to allow the type of use; agreement was signed assuming no recession, but we did fall into a recession; does not want the City to waste the resource we have; estimated 54 job opportunities; knows Reith‐Riley will object, stating they are a third party beneficiary; asking that the City Attorney will work with them. Gary Shank, associated general counsel for Reith‐Riley (RR), also commented on the Development |PAGE 1  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – March 17, 2015 Agreement; stated that RR, the City, and Seng participated in intense negotiations to develop the Memorandum of Understanding (MOU); the MOU was intended to be binding on all parties; the deep water port was given up by Seng; the Development Agreement was signed and is binding; RR has significant compact rights out of the MOU; that property was to remain restricted; they would view authorization to amend the agreement a significant interference of the RR contract which could result in claims and damages. Lynda Beaton – 256 Hughes Street commented on the water department billing issues and variances; asked who is responsible; who should be auditing the process; are the new billing rates flawed; conflicting reports are being received. Carol Pasco – 610 Spruce Street commented on the City Manager, impressed and happy with his honestly and job performance; doesn’t always agree with him but need to look at the whole picture, there has been a lot of progress in the last 14 years; what is this new perspective the Smith is talking about; encouraged them to look at his record, an honest record, none of us are perfect. Cyndy Fuller – 18 Cottage Lane commented on the potential replacement of the City Manager and rumors circulating regarding the removal of the City Manager; this is disturbing behavior to come to a consensus prior to the meeting, this is considered a violation under the Open Meetings Act; he and his family are citizens of Manistee and deserve to be dealt with fairly; Council should be concerned with public perception; Council should voluntarily fully disclose their notes, conversations, and e‐mails up thru today to show no violation of the OMA has taken place; sincerely hope they would meet the requirements of the OMA and could reinstate community trust in you and the office in which you serve; for any violations found, penalties imposed should be paid personally and resignation from office. Chris Shilts – 500 Second Street has had issues resolved by the City Manager satisfactorily and wanted to issue his public vote of confidence. Sam H. Miller – 713 Cedar Street has been acquainted with Deisch thru the Rotary Club; has led high school students to the Dominican Republic on humanitarian projects for the past several years; excellent city manager; concerned about the estimated cost of $125,000 to replace the city manager; commends Deisch for what he has done and encouraged him to continue on. Jeannie Lewis – 305 Care Center Drive stated her late husband was a former City Manager, tough job, not easy; hope he has had a chance to reconcile anything. CONSENT AGENDA.  Minutes ‐ March 3, 2015 ‐ Regular Meeting ‐ March 10, 2015 ‐ Work Session  Payroll ‐ March 2 – 15, 2015 ‐ $ 111,113.95 |PAGE 2  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – March 17, 2015  Monthly Bills ‐ February 10, 2015 ‐ $ 484,619.73 ‐ February 23, 2015 ‐ $ 972,188.75  Consideration of Adopting Ordinance 15‐02, Chapter 1420, Building Inspections. The former Building Inspector retired on August 29, 2014. Administration reviewed options for providing building inspection services which included hiring a fulltime building inspector, contracting out building inspection services, or turning building inspections back over to the State Bureau of Construction Codes. Based upon the amount of revenue being generated through building inspection permits and the fact that no Requests for Proposals were received in December 2014 to contract out building inspection services; administration determined that the best option was to return building inspection services back to the State Bureau of Construction Codes. This ordinance has been reviewed and supported by the Council Ordinance Committee. As an ordinance two separate readings are required. This ordinance was first introduced at the regular meeting of March 3, 2015 and could be adopted at this time.  Consideration of Adopting Ordinance 15‐03, Amendments to Chapter 1482, Residential Rental Properties. With the retirement of the former City Building Inspector in August 2014, City administration explored options to continue this service. Based upon research it was clear that contracting out rental inspections made the most financial sense. The ordinance amendments create a new definition of designated city official and allow greater flexibility for city personnel or contracted employees to perform rental inspections. This ordinance has been reviewed and supported by the Council Ordinance Committee. As an ordinance two separate readings are required. This ordinance was first introduced at the regular meeting of March 3, 2015 and could be adopted at this time.  Notification Regarding Next Work Session – April 14, 2015 A discussion will be conducted on the 2015‐2016 Budget; and such business as may come before the Council. No action is required on this item.  Consideration of Proclaiming April as Parkinson’s Disease Awareness Month. The Manistee County Parkinson’s Support Group has requested that the City of Manistee proclaim the month of April as Parkinson’s Disease Awareness Month.  Consideration of Authorizing LOVE INC. Fundraiser. Love INC. would like to hold a collection exchange from March 18 through April 3, 2015 at the following locations: Oleson’s, the Post Office, and the Love INC office at 390 River Street; with bell ringing from 9 a.m. until 6 p.m. Monday through Saturday. Funds raised will be used to support the Family Life Center programs and summer Family Camp. MOTION by Cote, second by Goodspeed to approve the Consent Agenda as presented. |PAGE 3  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – March 17, 2015 With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None CONSIDERATION OF THE REQUEST BY MR. ED SENG TO AMEND THE 2008 DEVELOPMENT AGREEMENT REGARDING THE PROPERTY AT 200 RIVER STREET, PARCEL #51‐448‐735‐01. During the February 18, 2014 Council meeting a motion to amend the 2008 Development Agreement between the City of Manistee and Mr. Ed Seng failed by a two to three vote. At the meeting of July 1, 2014 Mayor Pro‐Tem Zaring requested, supported by a majority of Council, that this item be placed on an upcoming Council agenda for reconsideration. The request was placed on the July 15, 2014 agenda; at which time the item was tabled to allow the Planning Commission’s review of the Zoning Ordinance regarding the Peninsula District. Presentation of the Planning Commission’s Report of Findings was given to City Council at the January 20, 2015 meeting. Council went into Executive Session on February 17, 2015 to discuss a written opinion by the City Attorney regarding the Memorandum of Understanding between the City, Seng Dock & Trucking, Inc. Seng Properties, LLC, Edward Seng and Reith‐Riley Constructions, Co., Inc.; a Development Agreement between the City and Seng Dock & Trucking, Inc., Seng Properties, LLC, Edward Seng; a Brownfield Development and Reimbursement Agreement between the City and American Materials, LLC; and the legal issues surrounding those documents. MOTION by Smith, second by Goodspeed to take action on the request by Mr. Ed Seng to amend the 2008 Development Agreement regarding the property at 200 River Street, parcel #51‐448‐735‐01. Discussion and requests for clarification of the motion followed. MOTION by Smith, second by Gustad to AMEND the original motion to include the requirement that Mr. Seng obtain a declaratory judgment that Reith‐Riley’s consent is not required before we amend the development agreement. With a roll call vote this motion failed, 1‐6. AYES: Smith NAYS: Kenny, Cote, Zielinski, Goodspeed, Wittlieff, and Gustad Roll call vote was then taken on the original motion. Motion failed, 0‐7. AYES: None NAYS: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad CONSIDERATION OF A RESOLUTION OF SUPPORT, COUNTY‐WIDE PARK AND RECREATION PLAN. The Manistee County Planning Department and Alliance for Economic Success are leading a planning |PAGE 4  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – March 17, 2015 process to develop a Manistee County‐Wide Park and Recreation Plan. They have requested a resolution of support from the City of Manistee. MOTION by Gustad, second by Goodspeed to adopt a resolution of support for the development of a Manistee County‐Wide Park and Recreation Plan. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None A REPORT FROM THE CHAMBER OF COMMERCE. Ms. Stacie Bytwork reported on the activities of the Chamber of Commerce and responded to questions the Council had regarding their activities. CITIZEN COMMENT. Comments were received from: ‐ Dennis Skiera – Filer Township / complemented Council on the Seng decision. ‐ Gary Niesen – 296 Tenth Street / mother’s frozen water line, no water for almost one month. OFFICIALS AND STAFF. None received. COUNCILMEMBERS. None received. CONSIDERATION OF A CLOSED SESSION TO DISCUSS THE POTENTIAL REPLACEMENT OF THE CITY MANAGER. City Manager Mitchell D. Deisch has requested a Closed Session this evening as permitted by the Open meetings Act Section 8 (a) for a discussion on the City Council’s potential replacement of the City Manager. MOTION by Smith, second by Zielinski to honor Deisch’s request to proceed to a Closed Session under Section 8 (a) of the Michigan Open Meetings Act. Time: 8:06 p.m. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None |PAGE 5  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – March 17, 2015 MOTION by Smith, second by Cote to return to Regular Session. Time: 8:42 p.m. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None CONSIDERATION OF THE POTENTIAL REPLACEMENT OF THE CITY MANAGER. MOTION by Smith, second by Goodspeed to accept the separation agreement as proposed by the City Manager with the effective date of April 3, 2015 and authorize the Mayor and City Clerk to sign the document. City Attorney Saylor outlined the items listed in the separation agreement. With a roll call vote this motion passed, 5‐2. AYES: Cote, Zielinski, Goodspeed, Smith, and Wittlieff NAYS: Kenny and Gustad ADJOURN. MOTION to adjourn was made by Gustad, second by Goodspeed. Meeting adjourned at 8:50 p.m. Michelle Wright MMC / CPFA, MiCPT City Clerk/Deputy Treasurer |PAGE 6  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – March 31, 2015 A special meeting of the Manistee City Council was called to order by her honor, Mayor Colleen Kenny on Tuesday, March 31, 2015 at 7:00 p.m. in the City Hall Council Chambers, 70 Maple Street, followed by the Pledge of Allegiance. PRESENT: Colleen Kenny, Edward Cote, Roger Zielinski, Robert Goodspeed, James Smith, Mark Wittlieff, and Eric Gustad. ALSO PRESENT: City Manager – Mitch Deisch, City Attorney – George Saylor, City Clerk – Michelle Wright, DPW Director – Jeff Mikula, Denise Blakeslee – Planning & Zoning Administrator, Public Safety Director – Dave Bachman, and City Engineer – Shawn Middleton / Spicer Group. CITIZEN COMMENTS ON AGENDA RELATED ITEMS. Kathy Fenstermacher – 302 Fourth Avenue commented on the opportunity to choose an interim city manager and the qualities that person should have. CONSIDERATION OF POTENTIAL INTERIM CITY MANAGER CANDIDATES. The Mayor had requested a special meeting to discuss and consider potential candidates for the position of interim city manager. Kenny stated the Personnel Committee looked at various options to find candidates for an interim city manager. Options were: 1) see what the MML had to offer ‐ pros and cons of the MML were noted 2) look internally for qualified candidates ‐ four internal candidates were identified: City Clerk, Finance Director, Public Safety Director, and DPW Director (only one indicated an interest) 3) look outside of the MML and staff members ‐ Ben Bifoss, former City Manager, indicated he had an interest and the availability to be considered Mr. Bifoss and Chief Bachman commented on their qualifications and answered questions from the Council. MOTION by Cote, second by Wittlieff to support the hiring of Ben Bifoss as the Interim City Manager and authorize the City Attorney to negotiate a contract of employment terms. With a roll call vote this motion passed, 6‐1. AYES: Kenny, Cote, Zielinski, Smith, Wittlieff, and Gustad NAYS: Goodspeed | Page 1  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – March 31, 2015 CITIZEN COMMENT. None received. OFFICIALS AND STAFF. Deisch thanked the community for the honor and pleasure of being the City Manager for the past 13+ years; highlight of his career was working with talented and dedicated co‐workers and Councilmembers; when looking for a new City Manager use the same qualities that we try to install in our children of integrity, ethical behavior, honesty and quality of character; Manistee residents deserve these qualities and should accept nothing less. Saylor stated it has been a pleasure working with Deisch and wished him the best. Bachman thanked Council for their consideration. COUNCILMEMBERS. Zielinski stated in regards to the water meters that the DPW is doing the best they can, don’t kill the messenger. Smith thanked Deisch for his years of service and wished him well. Gustad also thanked Deisch and good luck in the future. Kenny stated there are rumors going around the City as to who is next to be let go; asked Council if they are unhappy with any other staff members; consensus was that Council is happy with the current City staff; hopes this will be some reassurance to the staff. Thanked Deisch for his service. ADJOURN. MOTION to adjourn was made by Cote, second by Goodspeed. Meeting adjourned at 7:34 p.m. Michelle Wright MMC / CPFA, MiCPT City Clerk/Deputy Treasurer | Page 2  CASH TRANSACTIONS REPORT DRAFT Page: 1 MONTH: FEBRUARY 3/30/2015 City of Manistee 2:56 pm Account Number Beginning Balance Debit Credit Ending Balance Fund: 100 - A\P PAYING FUND Dept: 000 001.000 Cash 4,045.40 1,456,817.71 1,456,808.48 4,054.63 Total Dept: 000 4,045.40 1,456,817.71 1,456,808.48 4,054.63 Fund: 100 4,045.40 1,456,817.71 1,456,808.48 4,054.63 Fund: 101 - GENERAL FUND Dept: 000 001.000 Cash 1,814,568.93 402,135.55 486,013.75 1,730,690.73 001.002 Cash - Escrow 99,885.01 0.00 11,136.08 88,748.93 004.000 Cash - Petty 800.00 0.00 0.00 800.00 017.000 MBIA Mi Class Inv 57,206.86 4.20 0.00 57,211.06 Total Dept: 000 1,972,460.80 402,139.75 497,149.83 1,877,450.72 Fund: 101 1,972,460.80 402,139.75 497,149.83 1,877,450.72 Fund: 202 - MAJOR STREET FUND Dept: 000 001.000 Cash 139,362.21 58,142.83 37,566.19 159,938.85 Total Dept: 000 139,362.21 58,142.83 37,566.19 159,938.85 Fund: 202 139,362.21 58,142.83 37,566.19 159,938.85 Fund: 203 - LOCAL STREET FUND Dept: 000 001.000 Cash 30,981.59 35,794.57 25,986.08 40,790.08 Total Dept: 000 30,981.59 35,794.57 25,986.08 40,790.08 Fund: 203 30,981.59 35,794.57 25,986.08 40,790.08 Fund: 204 - STREET IMPROVEMENT FUND Dept: 000 001.000 Cash 40,417.13 3.81 2,199.48 38,221.46 Total Dept: 000 40,417.13 3.81 2,199.48 38,221.46 Fund: 204 40,417.13 3.81 2,199.48 38,221.46 Fund: 226 - CITY REFUSE FUND Dept: 000 001.000 Cash 112,731.77 19,482.61 30,613.03 101,601.35 001.030 Cash Mgt Chk 98,987.64 7.59 0.00 98,995.23 Total Dept: 000 211,719.41 19,490.20 30,613.03 200,596.58 Fund: 226 211,719.41 19,490.20 30,613.03 200,596.58 Fund: 243 - BROWNFIELD REDEVELOPMENT AUTHO Dept: 000 001.000 Cash 33,980.92 0.00 743.75 33,237.17 Total Dept: 000 33,980.92 0.00 743.75 33,237.17 Fund: 243 33,980.92 0.00 743.75 33,237.17 Fund: 245 - OIL & GAS FUND Dept: 000 001.000 Cash 40,643.63 4,361.53 0.00 45,005.16 001.020 Money Market 221,782.15 0.00 0.00 221,782.15 Total Dept: 000 262,425.78 4,361.53 0.00 266,787.31  CASH TRANSACTIONS REPORT DRAFT Page: 2 MONTH: FEBRUARY 3/30/2015 City of Manistee 2:56 pm Account Number Beginning Balance Debit Credit Ending Balance Fund: 245 262,425.78 4,361.53 0.00 266,787.31 Fund: 249 - BUILDING INSPECTOR Dept: 000 001.000 Cash -409.65 760.01 0.00 350.36 Total Dept: 000 -409.65 760.01 0.00 350.36 Fund: 249 -409.65 760.01 0.00 350.36 Fund: 275 - GRANT MANAGEMENT FUND Dept: 000 001.000 Cash 27,918.84 0.00 3,653.44 24,265.40 Total Dept: 000 27,918.84 0.00 3,653.44 24,265.40 Fund: 275 27,918.84 0.00 3,653.44 24,265.40 Fund: 290 - PEG COMMISSION Dept: 000 001.000 Cash 10,804.85 1,393.83 3,276.31 8,922.37 Total Dept: 000 10,804.85 1,393.83 3,276.31 8,922.37 Fund: 290 10,804.85 1,393.83 3,276.31 8,922.37 Fund: 296 - RAMSDELL THEATRE Dept: 000 001.000 Cash 105,955.55 25,969.92 33,956.12 97,969.35 004.000 Cash - Petty 200.00 0.00 0.00 200.00 Total Dept: 000 106,155.55 25,969.92 33,956.12 98,169.35 Fund: 296 106,155.55 25,969.92 33,956.12 98,169.35 Fund: 297 - FRIENDS OF THE RAMSDELL Dept: 000 001.000 Cash 847.38 1,245.09 0.00 2,092.47 Total Dept: 000 847.38 1,245.09 0.00 2,092.47 Fund: 297 847.38 1,245.09 0.00 2,092.47 Fund: 430 - CAPITAL IMPROVEMENT FUND Dept: 000 001.000 Cash 176,677.93 5.36 41,973.00 134,710.29 Total Dept: 000 176,677.93 5.36 41,973.00 134,710.29 Fund: 430 176,677.93 5.36 41,973.00 134,710.29 Fund: 490 - RENAISSANCE PARK Dept: 000 001.000 Cash 2,971.80 0.12 0.00 2,971.92 Total Dept: 000 2,971.80 0.12 0.00 2,971.92 Fund: 490 2,971.80 0.12 0.00 2,971.92 Fund: 508 - BOAT RAMP FUND Dept: 000 001.000 Cash 13,131.30 40.52 183.55 12,988.27 004.000 Cash - Petty 1.00 0.00 0.00 1.00 Total Dept: 000 13,132.30 40.52 183.55 12,989.27 Fund: 508 13,132.30 40.52 183.55 12,989.27  CASH TRANSACTIONS REPORT DRAFT Page: 3 MONTH: FEBRUARY 3/30/2015 City of Manistee 2:56 pm Account Number Beginning Balance Debit Credit Ending Balance Fund: 573 - WATER & SEWER UTILITY Dept: 000 001.000 Cash 371,370.30 293,850.73 221,111.85 444,109.18 001.002 Cash - Escrow 35,400.00 2,400.00 0.00 37,800.00 004.000 Cash - Petty 300.00 0.00 0.00 300.00 017.000 MBIA Mi Class Inv 489,147.84 36.18 0.57 489,183.45 017.001 MBIA MI Class - 2015 W&S RvBd 0.00 55,400.57 0.00 55,400.57 Total Dept: 000 896,218.14 351,687.48 221,112.42 1,026,793.20 Fund: 573 896,218.14 351,687.48 221,112.42 1,026,793.20 Fund: 594 - MARINA FUND Dept: 000 001.000 Cash 13,433.55 584.81 1,097.08 12,921.28 Total Dept: 000 13,433.55 584.81 1,097.08 12,921.28 Fund: 594 13,433.55 584.81 1,097.08 12,921.28 Fund: 661 - MOTOR POOL FUND Dept: 000 001.000 Cash 451,426.10 26,269.00 0.00 477,695.10 Total Dept: 000 451,426.10 26,269.00 0.00 477,695.10 Fund: 661 451,426.10 26,269.00 0.00 477,695.10 Fund: 703 - CURRENT TAX COLLECTION Dept: 000 001.000 Cash 341,777.32 1,235,357.80 1,166,949.37 410,185.75 Total Dept: 000 341,777.32 1,235,357.80 1,166,949.37 410,185.75 Fund: 703 341,777.32 1,235,357.80 1,166,949.37 410,185.75 Fund: 704 - PAYROLL CLEARING FUND Dept: 000 001.000 Cash 46,758.51 467,292.49 473,439.14 40,611.86 001.005 Cash - NEW Flex \ HRA 9,959.61 0.39 0.00 9,960.00 001.007 Cash - Federal & State Taxes 69.14 57,365.55 57,365.39 69.30 Total Dept: 000 56,787.26 524,658.43 530,804.53 50,641.16 Fund: 704 56,787.26 524,658.43 530,804.53 50,641.16 Fund: 705 - DELINQUENT TAX COLLECTION Dept: 000 001.000 Cash 3,324.09 700.00 3,324.09 700.00 Total Dept: 000 3,324.09 700.00 3,324.09 700.00 Fund: 705 3,324.09 700.00 3,324.09 700.00 Grand Totals: 4,796,458.70 4,145,422.77 4,057,396.75 4,884,484.72  AGREEMENT This Agreement is entered into this __________ day of ___________, 2015, by and between the City of Manistee, a Michigan Municipal Corporation (hereinafter “City”), of 70 Maple Street, Manistee, MI 49660, and R. Ben Bifoss (hereinafter “RB”). The parties agree and contract as follows: 1 Appointment and Employment as Interim City Manager. The City hereby appoints RB as the Interim City Manager in accordance with the Charter of the City of Manistee, Sections 2.14 and 5.1, et seq, to serve in the capacity of Interim City Manager and perform the duties and functions as described in the Charter of the City of Manistee in Section 5.3, and perform such other duties and functions as may from time to time be assigned by the City Council. Such appointment shall continue from RB’s original appointment, effective as of April 6, 2015, and shall continue until such appointment is withdrawn by the City Council or RB terminates employment with the City. 2. Acceptance of Appointment. RB accepts the appointment as Interim City Manager and promises to faithfully, and to the best of his efforts, discharge the duties, functions and responsibilities of such office as the same are contained in the Charter of the City of Manistee and that may be assigned from time to time by the City Council. 3. At-Will Appointment and Employment. RB acknowledges and agrees that his appointment and employment as Interim City Manager is an “at-will” appointment in accordance with the Charter provisions of the City of Manistee, being Section 2.14 and 5.1, et seq. The City may terminate the employment of RB as Interim City Manager at its pleasure, subject to the terms and conditions contained in this Agreement only. 4. Remuneration. A. Salary and Evaluation. During the term of appointment, the Interim City Manager shall be remunerated at a salary to be set from time to time by the City Council. The annualized rate of remuneration for RB shall be Ninety-Seven Thousand, Six Hundred and eleven Dollars ($97,611), payable bi-weekly, less any applicable federal, state and local taxes. i. Vacations/Holidays. RB shall be entitled to three (3) weeks paid vacation for the first six (6) months of his employment, which vacation accumulates effective the date of appointment of April 6, 2015. Should RB’s employment extend beyond six (6) months, the parties shall negotiate the allocation of additional vacation time. RB shall also receive those paid holidays provided to other City supervisory personnel. ii. Pension Contribution. City shall contribute 13% of RB’s actual base salary to a Defined Contribution Plan (457 Plan) established for RB. iii. Insurance. RB shall not receive any health or other insurance. 1  iv. Professional Dues and Continuing Education. The City shall provide membership dues for involvement in professional organizations, such as the International City, County Management Association, and the Michigan Local Government Management Association that are directly in the interest of the City and RB’s performance as Interim City Manager on behalf of the City, as approved by the City Council. v. Hold Harmless. The City will indemnify and hold RB harmless from liability for any claims or demands arising out of an act or omission occurring in the performance of RB’s duties as Interim City Manager, except as to those acts or omissions deemed to constitute gross negligence, deliberate misconduct, intentional discrimination or criminal acts. 5. FOIA Coordinator. The City, through the City Council’s appointment of RB as Interim City Manager and its approval of this Agreement, appoints RB as the FOIA Coordinator for the City of Manistee, in accordance with the Michigan Freedom of Information Act, MCL 15.236. 6. Interpretation. This Agreement shall be interpreted according to the Charter of the City of Manistee and the laws of the State of Michigan. 7. Entire Agreement. This document represents the entire agreement of the parties and incorporates herein all negotiations, discussions and agreements of the parties and no other agreements exist between the parties that are not included herein. This Agreement may be modified only by a written document acknowledged and signed by both parties. CITY OF MANISTEE ___________________________________ Colleen Kenny, Mayor ___________________________________ Michelle Wright, City Clerk INTERIM CITY MANAGER ___________________________________ R. Ben Bifoss, Interim City Manager 2