CITY OF MENOMINEE, MICHIGAN SPECIAL COUNCIL PROCEEDINGS OCTOBER 21, 2015 A special meeting of the Menominee City Council, City of Menominee, County of Menominee, State of Michigan, was held Wednesday, at 7 o clock a.m. in the Municipal Complex Council Chambers. The Honorable Jean Stegeman called the meeting to order and led the pledge of allegiance to the flag. PRESENT: ABSENT: Mayor Stegeman; Council Members Erickson, Felch, Jones, Malone, Plemel, Pohlmann, Robinson, and Vary None PRESENT: 9 ABSENT: 0 Mayor Stegeman opened the special meeting for the purpose of considering the following agenda: A) Call meeting to order. B) Pledge of allegiance to the flag. C) Roll call. D) Approval of meeting agenda. E) Public hearing. F) Public comment. G) Reports of standing committees: 1) The Judicial and Legislative/Personnel and Labor Committee on approving a contract for the City Assessor. H) Motions and resolutions. I) Public comment. J) Adjourn. A motion was made by Council Member Vary and seconded by Council Member Felch to approve the agenda for the meeting dated October 20, 2015. This motion was carried unanimously. PUBLIC COMMENT. Mayor Stegeman opened the public comment session on agenda items only. No one was heard. A motion was made by Council Member Plemel and seconded by Council Member Erickson to close the public comment session. This motion was carried unanimously. COMMITTEE REPORT: At an October 19, 2015 meeting the Judicial and Legislative/Personnel and Labor Committee discussed the City Assessor position and they recommended to City Council that they approve the contract (as attached) with Mari Negro to provide Assessor Services as a contract employee. S/JUDICIAL AND LEGISLATIVE/PERSONNEL AND LABOR COMMITTEE
Page Two A motion was made by Council Member Felch and seconded by Council Member Pohlmann to adopt the recommendation. AYES: Felch, Jones, Malone, Pohlmann, Stegeman, and Vary NAYS: Erickson, Plemel, and Robinson This motion was carried. The contract reads as follows: CONTRACT FOR ASSESSMENT SERVICES BETWEEN MARI NEGRO, referred to in this contract as Assessor AND CITY OF MENOMINEE referred to in this contract as City This Contract is made this day of October, 2015, between the Assessor and the City of Menominee. The parties agree as follows: 1. Assessor of Record During the term of this Contract, the Assessor shall certify the City s annual assessment roll and perform all required assessing functions. The Assessor shall be certified by the State of Michigan as a Michigan Certified Assessing Officer (MCAO) at all times during this Contract and shall be the Assessor of record for the City of Menominee. 2. Duties of Assessor A. The Assessor shall certify the City s annual assessment roll once it has been prepared. B. The Assessor shall at all times maintain a minimum MCAO certification from the State of Michigan or such higher level as may be from time to time required by state statute or regulation. C. The Assessor shall maintain all current and future assessment records, including records of lot or parcel splits, new construction, exempt properties, principal residence exemptions, and all records required by state statue or regulation. D. Records shall be kept and maintained at the City Hall. E. The Assessor shall maintain a computerized and hard copy filing system on all parcels.
Page Three F. The Assessor shall assess and make assessment cards for all new constructions and splits. The Assessor shall also take pictures in support of the assessments. G. The Assessor shall have on-site access to the tax assessment and engineering data located on the City s computer server for assessment administration and supervisory purposes. H. The Assessor shall send notices of changes in assessments at least ten (10) days prior to the March Board of Review hearing (MCL 211.24c), with the supplies, postage, and handling provided at the City s expense. I. The Assessor shall handle all correspondence, telephone calls, and personal visits from taxpayers on matters pertaining to assessing. A copy of all correspondence received or sent shall be maintained at the City Hall. J. The Assessor shall meet with the City Manager on a regular basis and shall present a written or oral report of the activities of the Assessing Department during the previous month to the City Council. K. The Assessor shall review and assess all new construction within the City using the current methods and standards of the State of Michigan for assessment appraisals. L. The Assessor shall review all land sales in the City and adjust real estate valuations and modify land value maps to properly reflect changes in the value of unimproved real estate within the City. M. The Assessor shall review records of the sale of all improved property within the City and shall make appropriate adjustments to neighborhood valuations and the valuations of specific, improved properties that are necessary to properly reflect the valuation of improved property within the City. N. The Assessor shall complete, review, and submit all forms that are required to be submitted to the Equalization Department of Menominee County, the Michigan State Tax Commission, and the Michigan Tax Tribunal, and shall certify the City s assessment roll during the term of this Agreement. O. The Assessor shall meet with the members of the City s Board of Review prior to the commencement of the meetings of the Board of Review with the public to review and examine the property assessment roll certified by the Assessor. The Assessor shall assure that the members of the Board of Review have all of the information available to them that they will need to carry out their duties. To that end, the Assessor shall: 1) Acquaint the members of the Board of Review with activities of the Assessing Department during the previous year. 2) Review land value determinations and schedules. 3) Report on economic condition factor studies. 4) Review sales information.
Page Four 5) Acquaint members of the Board of Review with any problem areas that might be expected to arise during the meetings of the Board of Review with the pubic. 6) Review the personal property tax assessments. 7) Review Tax Tribunal cases from the previous year. 8) Review any changes in the general property tax law relative to assessment administration. 9) Answer any questions that members of the Board of Review might have. 10) Before the close of the final day of the Board of Review s meetings with the public, the Assessor shall meet with the members of the Board of Review to analyze the sessions and to answer any questions that might have arisen during the Board of Review s sessions. P. The Assessor shall assure that all, necessary documents are available for the meeting of the Board of Review, including: 1) The property record cards, the land value maps, the neighborhood ECF and parcel maps, and any, other data used by the Assessor in determining the valuation of improved, unimproved, and personal property in the City. Q. The Assessor shall meet all statutory and all regulatory deadlines established by the State of Michigan. R. The Assessor shall be responsible for all matters appealed to the Michigan Tax Tribunal or other, appropriate forum. If counsel is retained by the City, the Assessor shall coordinate the representation of the City with counsel. In the event that matters are handled as small claims proceedings under the Michigan Tax Tribunal Act, the Assessor shall be responsible for presentation of the City s position. The City shall be responsible for filing fees, fees for copies of legal documents from the Register of Deeds office, and miscellaneous costs that may be incurred if such costs and expenses are pre-approved by the City Manager. S. The Assessor shall staff the City s Assessing Office at City Hall a minimum of fifteen (15) hours per week. The City shall provide remote access to the assessment records in the Assessor s Office at City Hall. Assessment fieldwork may be completed within the fifteen (15) hours reserved for open office hours. The City will continue to provide access to current property data on the Internet to allow for 24/7 access by the general public. T. Upon termination of this Agreement, all records, documents, and equipment used during the term of the Agreement shall be considered the property of the City and will be returned by the Assessor to the City on or before the last day that this Agreement is in effect. 3. Cooperation of City The City and its officials shall cooperate fully with the Assessor in the performance of the Assessor s duties under this Agreement. The City shall provide reasonable support for the completion of the service the Assessor has agreed to perform under this Agreement and other matters relating directly to the assessing function
Page Five of the City, including, but not limited to office supplies, photocopying, office space, and adequate computer software and equipment. Assessment administration software to be used during the course of this Agreement will be BS&A and Apex software programs. The Assessor shall maintain the City s digital parcel and ECF maps contained within the engineering office. Software shall not be modified or changed without the prior approval of the City Manager. 4. Retention of Legal Counsel The Assessor shall not incur expenses for legal counsel without obtaining the prior, written approval of the City Manager. In the event that the City Manager determines that legal counsel should be retained to represent the City s interests in any proceedings before the Board of Review, the Michigan Tax Tribunal, or any, other, administrative agency or court of the State of Michigan, the City Manager will have the sole and exclusive authority to select the legal counsel that will represent the City. 5. Independent Contractor Status The relationship between the City and the Assessor shall be that of an independent contractor and not of employer-employee. The City shall have no responsibility to the Assessor except to pay the Assessor s compensation and the Assessor s reasonable expenses as determined by the City. 6. Compensation In exchange for the Assessor s performance of the assessment services set forth above, the City agrees to pay the Assessor a monthly fee of $4,100.00 per month for the length of the initial term, which will be paid to the Assessor on or before the 5th of each month. At least two weeks prior to each payment date, the Assessor shall submit to the City Treasurer s Office an invoice showing the monthly payment for certifying and signing the assessment roll. The Assessor shall not participate in any employee benefit program offered by the City to its employees. 7. Term of Agreement and Termination The initial term of this Agreement shall be from, through June 30, 2016. The parties may extend the Agreement in writing for additional terms before the end of the initial term. Subsequent terms of the Agreement shall run from July 1 to June 30. The Assessor or the City may terminate this Agreement immediately, with cause. This Agreement may also be terminated by either party without cause upon giving sixty (60) days written notice. 8. Notices Any notice required or permitted to be given under this Agreement shall be sufficient if it is in writing and if it is sent by registered mail or certified mail, return receipt requested, to the Assessor at the following address:
Page Six Mari Negro W5131 Number 41 Road Hermansville, MI 49847 And to the City at the following address: City of Menominee 2511 10 th Street Menominee, MI 49858 9. Indemnification The City is not required to indemnify the Assessor for any, alleged acts of commission or omission of the Assessor. This does not prevent the City from choosing to indemnify the Assessor upon the request of the Assessor to the City Manager. 10. Supervision The Assessor shall report directly to, and take direction from, the City Manager. 11. Force Majeure The Assessor shall not be liable for delays in her/his performance caused by acts of God, war, or order of a court or public authority, including the City. 12. Assignment Prohibited This Agreement for independent services is personal to the City, and the Assessor may not assign or delegate the Assessor s rights or obligation under this Agreement without first obtaining the City s written consent. In the event the Assessor is a firm and not an individual, the Assessor shall specify in writing the names of its contracted personnel who may perform some of the services required by this Agreement and shall receive prior, written approval from the City Manager before said contracted personnel can perform such services. No, additional, contracted personnel of the firm shall be authorized to provide services to the City under this Agreement unless their participation is first authorized by the City Manager in writing. 13. Miscellaneous a. This Agreement contains all of the terms and conditions of the contractual relationship between the parties, and no amendments or additions to this Agreement shall be binding unless they are in writing and signed by both parties. b. This Agreement shall be binding upon the parties, their legal representatives, successors, and assigns. c. This agreement takes the place of all, prior agreements that have been made between the parties. d. Headings for this Agreement are for convenience only and in no way define, limit, or describe the intent of this Agreement or any of it sections.
Page Seven e. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Michigan. f. The failure of either party to enforce its rights under this Agreement while the Agreement is in effect shall not be considered to be a waiver by that party of its rights under this Agreement or to preclude that party from exercising its rights. In witness thereof, the parties to this Agreement have placed their signatures below on this day of October, 2015. Witness: Witness: By: Mari Negro City of Menominee, Michigan By: Ted Andrzejewski City Manager PUBLIC COMMENT. Mayor Stegeman opened the public comment session. No one was heard. A motion was made by Council Member Plemel and seconded by Council Member Erickson to close the public comment session. This motion was carried unanimously. ADJOURN: A motion was made by Council Member Felch and seconded by Council Member Robinson to adjourn the meeting. This motion was carried unanimously. Susan K. Johnson, Acting Clerk /skj