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HomeMy WebLinkAbout2017 MACIA Minutes MICHIGAN AVENUE CORRIDOR IMPROVEMENT AUTHORITY OF THE CITY OF LANSING Resolution Approval for Adoption of Michigan Avenue Corridor Improvement Authority Board of Directors Bylaws February 24, 2017 At a meeting of the Board of Directors of the Michigan Avenue Corridor Improvement Authority of the City of Lansing, Lansing, Michigan, held on the 24th day of February, 2017, at 8:30 a.m., pursuant to notice duly given: PRESENT: Members: Jonathan Lum, Joan Nelson, Colleen Serkaian, Joseph Ruth, Scott Gillespie, Phillip Thompson ABSENT: Members: None The following preamble and resolution was offered by; Member: Nelson, and supported by; Member: Ruth: WHEREAS, the Michigan Avenue Corridor Improvement Authority of the City of Lansing, to exercise, through the actions of its Board, all powers specifically granted by the provisions of the City of Lansing, and such incidental powers as shall be necessary"; hereby, adopts the Bylaws of the Michigan Avenue Corridor Improvement Authority of the City of Lansing. NOW THEREFORE BE IT RESOLVED that the Board of Directors hereby adopts the Bylaws of the Michigan Avenue Corridor Improvement Authority of the City of Lansing, a copy of which is attached hereto as Exhibit A. YEAS: Six (6) NAYS: Zero (0) ABSTENTIONS: Zero (0) ABSENT: Zero (0) RESOLUTION DECLARED ADOPTED. STATE OF MICHIGAN ) )SS. COUNTY OF INGHAM ) I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a meeting of the Michigan Avenue Corridor Improvement Authority held on the 24'h day of February, 2017, and said resolution is on file in the office of the City Clerk (City of Lansing) and is available to the public. Public notice of the said meeting was given pursuant to and in compliance with Act No. 267, Public Acts of Michigan 1976, including in the case of a special or re-scheduled meeting, notice by publication or posting of at least eighteen (18) hours prior to the time set for the meeting. In addition, said meeting was held in full compliance with the Board's By-Laws. IN WITNESS WHEREOF, I have hereunto affixed my official signature. c . /Z., Joniathan Lum, Acting Board Chair BYLAWS OF THE MICHIGAN AVENUE CORRIDOR IMPROVEMENT AUTHORITY OF THE CITY OF LANSING DRAFT Rev: February 24, 2017 ARTICLE I - NAME The name of this Authority is the Michigan Avenue Corridor Improvement Authority of the City of Lansing. ARTICLE II - PURPOSE The purpose of the Authority is to carry out those purposes and exercise those powers as conferred upon it by the Michigan Corridor Improvement Authority,Act 280 of the Michigan Public Acts of 2005 as amended. The Authority shall be a public body corporate, and shall have all the powers which now or hereafter may be conferred by law on authorities organized under this Act. ARTICLE III - AUTHORITY BOARD OF DIRECTORS Section 1. Authority Board of Directors. The Authority shall be under the supervision and control of a board consisting of seven members appointed by the Mayor of the City of Lansing subject to the approval of City Council. Not less than a majority of the members shall be persons having an ownership or business interest in property located in the Corridor Improvement Authority development area. At least one of the members shall be a resident of the development area or of an area within one-half mile of any part of the development area. Section 2. Terms, Replacement, and Vacancies. Of the initial seven members appointed, one term shall expire on June 30, 2016, two terms shall expire on June 30, 2017, two terms shall expire on June 30, 2018, and one term shall expire on June 30, 2018. Thereafter, each member appointed shall serve for a term of four years. A member shall hold office until the member's successor is appointed. An appointment to fill a vacancy shall be made by the Mayor for the unexpired term only. Before assuming the duties of office, a member shall qualify by taking and subscribing to the constitutional oath of office. Section 3. Removal. A member of the Board may be removed for cause by the City Council after having been given notice and an opportunity to be heard. ARTICLE IV - OFFICERS Section 1. Officers. The officers of the Authority Board shall be a chairperson, a vice chairperson, a treasurer, and a recording secretary. All officers shall be members of the Authority Board, with the exception of the recording secretary who need not be a member of the Authority Board. Section 2. Removal of Officers. An officer may be removed by the Authority Board whenever, in its judgment, the best interest of the Authority Board will be served. Section 3. Chairperson. The chairperson shall preside at all meetings of the Authority Board and shall discharge the duties as a presiding officer. Section 4. Vice Chairperson. In the absence of the chairperson or in the event of inability to serve as chairperson, the vice chairperson shall perform the duties of the chairperson and when so acting, shall have all the powers and be subject to all the restrictions of the chairperson. Section 5. Treasurer. The treasurer shall prepare, with the assistance of appropriate staff, an annual financial report covering the fiscal year of the Authority. The fiscal year of the Authority shall be July 1 to June 30. An annual audit will be made each year. The treasurer shall provide a bond if necessary in the amount prescribed by the Authority Board. Section 6. Recording Secretary. The recording secretary who, if not a member of the Authority Board, shall be a designee of the Authority Board. The recording secretary shall attend all meetings of the Authority Board and with the assistance of appropriate staff record all votes and the minutes of all proceedings, to be maintained for future reference. The recording secretary shall give, or cause to be given, notice of all meetings of the Authority Board, as required by law or these bylaws, and shall perform such other duties as may be prescribed by the Authority Board. The recording secretary shall, when authorized by the Authority Board, attest by signature to actions of the Authority Board, and shall maintain custody of the official seal, and of the records, books and all documents of the Authority. Section 7. Delegation of Duties of Officers. In the absence of any officer of the Authority Board due to resignation or removal, the Authority Board may delegate the powers and duties of any officer to any Authority Board member provided a majority of a quorum of the Authority Board concurs therein. Section 8. Election of Officers. Nominations shall be made from the floor at the annual meeting in January or at the initial meeting of the Authority Board. Officers shall be elected by ballot. The terms of office shall be for one year and begin at the close of the annual meeting at which they are elected, or until his or her successor shall be elected and qualified. No member shall hold more than one office at a time. ARTICLE V- EMPLOYMENT OF DIRECTOR The Authority Board may employ and fix compensation of a director subject to approval of the City Council. A member of the Board is not eligible to hold the position of Director. Before beginning his or her duties, the Director shall subscribe to the constitutional oath and furnish a bond as required by section 9 of Act 280. The Director shall be the chief executive officer of the Authority. The Director shall serve at the pleasure of the Authority Board. ARTICLE VI - MEETINGS Section 1. Organizational Meeting and Election of Officers. Officers shall be elected at the first organizational meeting of the Authority Board after the adoption of the Bylaws and shall be appointed thereafter pursuant to Article VI - Section 2. Section 2. Annual Meeting. Starting in the year 2017, an annual meeting shall be held in January at a time and place to be set by the Authority Board. Election of officers shall occur at the annual meeting. If the election of officers does not occur on the day designated or any adjournment thereof, the Authority Board shall cause the election to be held at a regular or special meeting of the Authority Board within 90 days of the annual meeting. Section 3. Regular Meetings. Regular meetings of the Authority Board shall be held at a time and place to be set by the Authority Board at its annual meeting. Notice of regular meetings shall be published in accordance with the Michigan Open Meetings Act. The Authority Board records shall be open to the public. Section 4. Special Meetings. Special meetings of the Authority Board may be called by the chairperson, the vice chairperson in the absence of the chairperson, or by any three Authority members by giving 24 hours notice of the meeting, stating the purpose of the meeting and by posting sufficient public notice. Section 5. Notice of Meetings. All meetings other than regularly scheduled meetings shall be preceded by public notice posted 18 hours prior to the meeting in accordance with Act 267 of the Public Acts of 1976 as amended. Section 6 Agenda. The recording secretary together with appropriate staff shall prepare the agendas for all meetings and send them to the Authority Board members at least 24 hours prior to the meeting. Any member of the Authority Board may request any item to be placed on the agenda. Section 7 Quorum and Voting. A quorum shall constitute a majority of the Authority Board members appointed and serving at the time. A majority vote of a quorum of the Authority Board shall constitute the action of the Authority Board unless the vote of a larger number is required by statute, or elsewhere in these rules. In the event that effective membership is reduced because of a conflict of interest, a majority of the remaining members eligible to vote shall constitute the action of the Authority Board. Section 8 Rules of Order. Robert's Rules of Order will govern the conduct of all meetings. Section 9 Open and Closed Meetings. All regular and special meetings of the Authority Board shall be open to the public. Closed meetings of the Authority Board may be called for the purposes listed in the Open Meetings Act, Act 267 of the Public Acts of 1976, as amended, if approved by the Authority. Section 10 Conflict of Interest. An Authority Board member who has a direct conflict of interest of more than a de minimis nature as defined by MCL 15.322 and 15.323 in any matter before the Authority Board shall disclose that interest prior to the Authority Board taking any action with respect to the matter. This disclosure shall become part of the record of the Authority Board's official proceedings. Any member making such disclosure shall, with the approval of the Authority Board, refrain from participating in the Authority Board's decision making process, to include all discussions, motions made and votes taken, relative to such matters, unless required by law. In addition, an Authority Board member shall be subject to the conflict of interest provisions of section 5-505 of the Lansing City Charter and the Ethics Ordinance in Part 2, Title 10, Chapter 290 of the Lansing Codified Ordinances. Section 11 Mandatory Voting. Except when a member is excused from participating on a matter by the chair because of a disclosed conflict of interest, all members present shall vote on all matters before the Authority Board. ARTICLE VII - EXECUTIVE COMMITTEE The officers of the Authority Board, including chairperson, vice chairperson, treasurer, and recording secretary, shall constitute the executive committee. The executive committee shall have general supervision of the affairs of the Authority Board between its business meetings, fix the hours and place of meetings, make recommendations to the Authority Board, and shall perform such other duties as specified in these Bylaws or as may be specified by the Authority Board. ARTICLE VIII - AUTHORITY BOARD COMMITTEES AND ADVISORY COMMITTEES Section 1 Authority Board Committees. The Authority Board, by resolution, may designate and appoint one or more committees to advise the Authority Board. Committee members shall be members of the Authority Board. The chairperson of the Authority Board shall appoint the members and select the chairperson of the Authority Board committees. The committees may be terminated by vote of the Authority Board. At the annual meeting, the committees will be evaluated and reappointed or dissolved. A majority of the committee will constitute a quorum. A majority of the members present at the meeting at which a quorum is present shall be the action of the committee. Section 2 Advisory Committees. The Authority Board may, by resolution, authorize the establishment of advisory committees to the Authority Board. The chairperson shall select, with the advice and consent of the Authority Board members, the members of each advisory committee. The advisory committees shall elect their own officers and establish rules governing their action. ARTICLE IX- INDEMNIFICATION Section 1 Indemnification. Whenever any claim is made or any civil action is commenced against any officer or employee of the Authority, or injuries to persons or property caused by the negligence of the officer or employee while in the course of their employment, and while acting within the scope of their authority, the Authority Board shall be required to pay for legal services and also for any judgment or compromised settlement of the claim, pursuant to Act 170 of the Public Acts of 1964, as amended. Section 2. Reimbursement. Any indemnification under Section 1 shall be made by the Authority Board only as authorized in the specific case upon a determination that indemnification of the employee or officer is proper in circumstances because they have met the applicable standard of conduct set forth in Section 1. Such determination shall be made in either of the following ways: 1. By a majority vote of the members of the Authority Board who were not parties to such action, suit or proceedings, or 2. If such quorum is not obtainable, or even if obtainable, a quorum of disinterested members so directs, supported by the recommendation of legal counsel in a written opinion. Section 3. Insurance. The Authority Board may purchase and maintain insurance on behalf of any person who is or was a director or officer of the corporation against any liability asserted against the officer or employee and incurred by them in any such capacity or arising out of their status as such, whether the Authority Board would have power to indemnify that person against such liability under Sections 1 and 2 of this Article. ARTICLE X-AMENDMENTS OF BYLAWS These Bylaws may be amended at any regular meeting of the Authority Board by a majority vote of a quorum, provided that the amendment has been submitted in writing at the previous regular meeting; provided, however, that no such amendment shall take effect until approved by resolution of the City Council. Adopted: February 24,2017 Chairperson Secretary The foregoing bylaws of the Michigan Avenue Corridor Improvement Authority of the City of Lansing were approved by resolution of the Lansing City Council duly adopted at a regular meeting of the Council held pursuant to statutory notice on the day of , 2017. City Clerk External Affairs, Development&K-12 Operations LANSING Lansing Community College 7 COMMUNITY 309 N Washington Square, Suite 150 COLLEGE Lansing, Michigan 48933 Phone: (517)483-1475 Fax: (517)483-1384 December 20, 2019 tD!;, CS Brian P. Jackson, Chief Deputy City Clerk, CMMC Lansing City Clerk's Office !� C:) 124 W. Michigan Avenue _0 ^ Lansing, MI 48933 Y wIJ Dear Mr. Jackson: ' `n The Board of Trustees of Lansing Community College is exercising its authority granted pursuant to Section 618(5) of Act 57 to opt out of the Michigan Avenue Corridor Improvement Authority Plan and exempt the College's millage from capture by the MACIA. Further, the Board of Trustees of Lansing Community College is exercising its authority granted pursuant to Section 618(5) of Act 57 to opt out of the Saginaw Street Corridor Improvement Authority Plan and exempt the College's millage from capture by the SSCIA. Thank you for your attention. Please do not hesitate to reach out if you have any questions or need further information. Sincerely, f Toni Hughes Glasscoe, Ed.D. Associate Vice President LANSING COMMUNITY COLLEGE STATE OF MICHIGAN Resolution to Opt out of Development and Tax Increment Financing Plan for the City of Lansing's Saginaw Street Corridor Improvement Authority, Exempt College Millage from Capture, and Matters Related Thereto A regular meeting of the Board of Trustees of Lansing Community College was held in the Board Room of the College, Administration Building, 610 North Capitol Avenue, Lansing, Michigan 48933, in the Community College District, on the 16th day of December, 2019, at 6:30 o'clock p.m., prevailing Eastern Standard Time. PRESENT: Abood, Buck, Hidalgo, Mathews, Meyer, Proctor, Vaive ABSENT: None M The following preamble and resolution were offered by Trustee Abood and supptieay '; Trustee Buck. i' �� r The Board of Trustees of Lansing Community College resolves as follows: WHEREAS, the City of Lansing (the "City") established the Saginaw Street Corridor Improvement Authority (the "SSCIA") pursuant to the provisions of Act 57 of the Public Acts of Michigan of 2018, as amended ("Act 57"); and WHEREAS, the SSCIA Board of Directors prepared, and by resolution adopted August 27, 2019, approved and recommended to the City Council a Development Plan and Tax Increment Financing Plan for the SSCIA (the "Plan"); and WHEREAS, pursuant to Section 618(5) of Act 57, an affected taxing jurisdiction, such as Lansing Community College (the "College"), may "opt out" of the capture of the College's millage by the SSCIA, by adoption of a resolution and filing of such resolution with the City Clerk not more than 60 days after the City's public hearing on the Plan; and WHEREAS, the City held the public hearing on the Plan on October 28, 2019; and WHEREAS, the College has previously undertaken significant efforts and expended College funds to improve and enhance the Saginaw Street corridor and environs surrounding the College's campus including, but not limited to, acquisition and demolition of dilapidated structures, landscaping and parking lot improvements, and replacement of sidewalks and installation of street trees; and WHEREAS, the College must continually be mindful of its tax levy revenues and expenses so that the College can continue to fulfill its mission to provide affordable educational opportunities in the community. Resolution to Opt out of Development and Tax Increment Financing Plan for the City of Lansing's Saginaw Street Corridor Improvement Authority, Exempt College Millage from Capture, and Matters Related Thereto NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby exercises its authority granted pursuant to Section 618(5) of Act 57 to opt out of the- -plan and exempt the College's millage from capture by the SSCIA; and ssCZA BE IT FURTHER RESOLVED, that the Executive Vice President for Finance, Administration and Advancement, or her designee, is authorized and directed to file a certified copy of this Resolution with the City Clerk on or before December 26, 2019 on behalf of the College; and BE IT FURTHER RESOLVED, that all Resolutions or parts of Resolutions insofar as they conflict with the provisions of this Resolution be and the same are hereby rescinded. Ayes: Abood, Buck, Hidalgo, Mathews, Meyer, Proctor, Vaive Nays: None Absent: None RESOLUTION DECLARED ADOPTED. Secretary, Board of Trustees Lansing Community College I hereby certify that the attached is a true and complete copy of a resolution adopted by the Board of Trustees of Lansing Community College, State of Michigan, at a regular meeting on December 16, 2019, and that public notice of said meeting was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan, 1976, and that minutes of the meeting were kept and will be or have been made available as required by said Act 267. A��/ ZA oa/04 � Secretary, Board of Trustees Lansing Community College BENITA DUNCAN Notary Public, state of Michigan County of Clinton 2025 ;Ay Commission Expires 03-?�,6 c'-`ctincg in the COUnty of -W-V 2 LANSING COMMUNITY COLLEGE STATE OF MICHIGAN Resolution to Opt out of Development and Tax Increment Financing Plan for the City of Lansing's Michigan Avenue Corridor Improvement Authority, Exempt College Millage from Capture, and Matters Related Thereto A regular meeting of the Board of Trustees of Lansing Community College was held in the Board Room of the College, Administration Building, 610 North Capitol Avenue, Lansing, Michigan 48933, in the Community College District, on the 16th day of December, 2019, at 6:30 o'clock p.m., prevailing Eastern Standard Time. PRESENT: Abood, Buck, Hidalgo, Mathews, Meyer, Proctor, Vaive t � ABSENT: None -, o The following preamble and resolution were offered by Trustee Abood and supported�by Trustee Buck. The Board of Trustees of Lansing Community College resolves as follows: cn WHEREAS, the City of Lansing (the "City") established the Michigan Avenue Corridor Improvement Authority (the "MACIA") pursuant to the provisions of Act 57 of the Public Acts of Michigan of 2018, as amended ("Act 57"); and WHEREAS, the MACIA Board of Directors prepared, and by resolution adopted August 28, 2019, approved and recommended to the City Council a Development Plan and Tax Increment Financing Plan for the MACIA (the "Plan"); and WHEREAS, pursuant to Section 618(5) of Act 57, an affected taxing jurisdiction, such as Lansing Community College (the "College"), may "opt out" of the capture of the College's millage by the MACIA, by adoption of a resolution and filing of such resolution with the City Clerk not more than 60 days after the City's public hearing on the Plan; and WHEREAS, the City held the public hearing on the Plan on October 28, 2019; and WHEREAS, the College must continually be mindful of its tax revenues and expenses so that the College can continue to fulfill its mission to provide affordable educational opportunities in the community. NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby exercises its authority granted pursuant to Section 618(5) of Act 57 to opt out of the MACIA Plan and exempt the College's millage from capture by the MACIA; and BE IT FURTHER RESOLVED, that the Executive Vice President for Finance, Administration and Advancement, or her designee, is authorized and directed to file a Resolution to Opt out of Development and Tax Increment Financing Plan for the City of Lansing's Michigan Avenue Corridor Improvement Authority, Exempt College Millage from Capture, and Matters Related Thereto certified copy of this Resolution with the City Clerk on or before December 26, 2019 on behalf of the College; and BE IT FURTHER RESOLVED, that all Resolutions or parts of Resolutions insofar as they conflict with the provisions of this Resolution be and the same are hereby rescinded. Ayes: Abood, Buck, Hidalgo, Mathews, Meyer, Proctor, Vaive Nays: None Absent: None RESOLUTION DECLARED ADOPTED. "ZIA Secretary, Board of Tr s Lansing Community College I hereby certify that the attached is a true and complete copy of a resolution adopted by the Board of Trustees of Lansing Community College, State of Michigan, at a regular meeting on December 16, 2019, and that public notice of said meeting was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan, 1976, and that minutes of the meeting were kept and will be or have been made available as required by said Act 267. Secretary, Board of Trustees Lansing Community College 13EN1TA DUNCAN Notary Public, state of Michigan County of Clinton My Commission Expires 03 302�� Acting.in the County of