SMBA Regular Board Meeting

Southwest Michigan Building Authority 7275 West Main Street Kalamazoo MI 49009 269-585-4150 www.swmiba.org Regular Board Meeting March 2, 2023 9:00 AM Oshtemo Township Hall Public Meeting Room 7275 W Main St Kalamazoo, MI 49009 Zoom Component Available to the Public Meeting Link: https://us06web.zoom.us/j/88982158915 Meeting ID: 889 8215 8915 Call-in Number: +1 312 626 6799 US (Chicago) Agenda 1. Call to Order 2. Approval of or Amendments to Agenda 3. Public Comments on Non-Agenda Items 4. Consent Agenda a. Meeting Minutes – January 19, 2023 Regular Meeting b. January 2023 Financial Reports 5. Request for Purchase of Standing Desk Frame 6. Rights and Duties of the Construction Board of Appeals 7. Consideration of Board Appointments – Construction Board of Appeals Member Vacancy 8. Consideration of Health Care Contingency 9. Consideration of Convening the Construction Board of Appeals 10. Board Chair’s Report 11. Other Business 12. Adjournment 2023-03-02 SMBA Board Packet | Page 1 of 47 Minutes of the Regular Board Meeting Southwest Michigan Building Authority (SMBA) Board of Directors January 19, 2023 | 8:30am | Public Meeting Room, Oshtemo Township Hall Page 1 of 2 Action Items # Item Description: Assigned To: Due By: 7b Prepare summary report on CBOA rights/duties. Kyle Gibson 2023-02-23 Minutes 1. Call to Order: Chair Dusty Farmer called the meeting to order at approximately 8:32am. Name Present or Absent Dusty Farmer, Board Chair (Oshtemo Representative) Present Jeff Sorensen (Cooper Representative) Present Carol Dehaan, Treasurer (Cooper Representative) Present Cheri Bell (Oshtemo Representative) Present Larry Stehouwer (Cooper Representative) Present Also present were: Building Official Garrett Reitenour, Administrative Assistant Elvira Oropeza, Bernie Mein, and Board Secretary Kyle Gibson. 2. Approval of or Amendments to Agenda: A motion was made by Jeff Sorensen and supported by Larry Stehouwer to approve the agenda as presented. Upon a voice vote, the motion was carried 5-0. 3. Public Comments on Non-Agenda Items: There was no public comment. 4. Consent Agenda: a. Meeting Minutes – November 17, 2022 Regular Meeting b. December 2022 Financial Reports c. Annual Investment Report d. Memo Regarding Engagement Letter from Siegfried Crandall PC e. Memo Regarding Investment Activity A motion was made by Jeff Sorensen and supported by Cheri Bell to approve the consent agenda as presented. Upon a voice vote, the motion was carried 5-0. 5. Consideration of Amendments to the FY 2023 Budget: Office Manager Gibson presented the requested amendments and the board held brief discussion. A motion was made by Cheri Bell and supported by Jeff Sorensen to approve the amendments as presented, excluding line item 569-273-85000 (Telephone). Upon a voice vote, the motion was carried 5-0. 6. Consideration of Salary Adjustment Recommendations: Office Manager Gibson presented the request and answered questions from board members. The board held discussion regarding a desire to revisit the policy during the next budget cycle. A motion was made by Jeff Sorensen and supported by Dusty Farmer to approve the salary adjustment recommendations as presented as of January 1, 2023. Upon a voice vote, the motion was carried 5-0. 2023-03-02 SMBA Board Packet | Page 2 of 47 Minutes of the Regular Board Meeting Southwest Michigan Building Authority (SMBA) Board of Directors January 19, 2023 | 8:30am | Public Meeting Room, Oshtemo Township Hall Page 2 of 2 7. Consideration of Board Appointments: a. Board of Directors – Citizen Member at Large: A motion was made by Jeff Sorensen and supported by Carol DeHaan to appoint Bernie Mein to the position of Citizen Member at Large on the SMBA Board of Directors pending his resignation from the Construction Board of Appeals. The board held further discussion. Upon a voice vote, the motion was carried 5-0. b. Construction Board of Appeals – Member Vacancy: An application to serve on the Construction Board of Appeals from Kevin Osborne was before the Board. Following discussion, the Board directed Office Manager Gibson to prepare a report summarizing the rights, duties, and purpose of the Construction Board of Appeals for the information of the Board, and to invite Mr. Osborne to interview with the Board at the next regular meeting. 8. Building Official’s Report – 1 Hour CE Credit / HBA: Building Official Reitenour advised the Board that he has been asked to present a one-hour continuing education credit course for the Home Builders Association. The consensus of the Board was that this is a positive step towards the goal of community engagement and to support the endeavor. The Board requested a follow-up report from Mr. Reitenour once the courses have been given. 9. Board Chair’s Report: Chair Farmer had nothing to report. 10. Other Business: Larry Stehouwer expressed his appreciation of his time served on the Board. Members expressed their gratitude for his service and wished him well in future endeavors. Building Official Reitenour shared an update on an ongoing situation with a developer. 11. Adjournment: Seeing and hearing no other business, and having exhausted the agenda, Board Chair Dusty Farmer declared the meeting adjourned at approximately 9:35am. Next Regular Board Meeting February 23, 2023 | 8:30am | Public Meeting Room, Oshtemo Township Hall Prepared By: KYLE GIBSON Board Secretary & Office Manager 2023-03-02 SMBA Board Packet | Page 3 of 47 Southwest Michigan Building Authority 7275 West Main Street Kalamazoo MI 49009 269-585-4150 www.swmiba.org Financial Reports for: January 2023 1. Permit Revenue & Inspections Report 2. Budget Snapshot Report 3. Balance Sheet Report 4. Accounts Payable Detailed Disbursement Report 2023-03-02 SMBA Board Packet | Page 4 of 47 SOUTHWEST MICHIGAN BUILDING AUTHORITY REVENUE / INSPECTIONS REPORT Reporting Period: 1/1/2023 to 1/31/2023 Building Electrical Mechanical Plumbing Totals Oshtemo 22 37 33 10 102 Revenue $9,970.00 $9,524.00 $5,260.00 $1,571.00 $26,325.00 YTD Oshtemo 22 37 33 10 102 YTD Revenue $9,970.00 $9,524.00 $5,260.00 $1,571.00 $26,325.00 Cooper 8 6 12 3 29 Revenue $2,376.00 $1,054.00 $1,665.00 $343.00 $5,438.00 YTD Cooper 8 6 12 3 29 YTD Revenue $2,376.00 $1,054.00 $1,665.00 $343.00 $5,438.00 Total Permits 30 43 45 13 131 Total Revenue $12,346.00 $10,578.00 $6,925.00 $1,914.00 $31,763.00 YTD Total Permits 30 43 45 13 131 YTD Total Revenue $12,346.00 $10,578.00 $6,925.00 $1,914.00 $31,763.00 Building Electrical Mechanical Plumbing Totals Oshtemo Inpsections 108 68 68 58 302 Cooper Inspections 35 18 20 6 79 YTD Oshtemo Inspections 108 68 68 58 302 YTD Cooper Inspections 35 18 20 6 79 Total Inspections 143 86 88 64 381 YTD Total Inspections 143 86 88 64 381 Permit Revenue Inspections 0 100 200 300 400 500 $0.00 $10,000.00 $20,000.00 $30,000.00 $40,000.00 $50,000.00 $60,000.00 $70,000.00 2022 Revenue by Month 2023 Revenue by Month 2022 Inspections by Month 2023 Inspections by Month Printed 2/14/2023 at 10:32 AM I:\Board Meetings\01 TEMPLATES\Revenue & Inspections Report 2023-03-02 SMBA Board Packet | Page 5 of 47 02/14/2023 10:12 AM REVENUE AND EXPENDITURE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 1/2 User: kgibson DB: Smba PERIOD ENDING 01/31/2023 % Fiscal Year Completed: 8.49 % BDGT USED AVAILABLE BALANCE ACTIVITY FOR MONTH 01/31/2023 YTD BALANCE 01/31/2023 2023 GL NUMBER DESCRIPTION AMENDED BUDGET Fund 569 – Building Authority Revenues Dept 000 – A&L, Balance Sheet Accounts 569-000-99999 Carryover 0.00 0.00 0.00 0.00 0.00 Total Dept 000 – A&L, Balance Sheet Accounts 0.00 0.00 0.00 0.00 0.00 Dept 272 – Revenue Accounts 569-272-49100 Building Permits 210,000.00 8,258.00 8,258.00 201,742.00 3.93 569-272-49200 Electrical Permits 50,000.00 3,854.00 3,854.00 46,146.00 7.71 569-272-49300 Mechanical Permits 55,000.00 3,331.00 3,331.00 51,669.00 6.06 569-272-49400 Plumbing Permits 25,000.00 764.00 764.00 24,236.00 3.06 569-272-49500 Annual Permits 5,000.00 0.00 0.00 5,000.00 0.00 569-272-60701 FOIA Fees 500.00 23.10 23.10 476.90 4.62 569-272-62600 Building Services to Others 0.00 0.00 0.00 0.00 0.00 569-272-62701 Building Inspections 60,000.00 2,800.00 2,800.00 57,200.00 4.67 569-272-62702 Electrical Inspections 40,000.00 3,650.00 3,650.00 36,350.00 9.13 569-272-62703 Mechanical Inspections 45,000.00 3,250.00 3,250.00 41,750.00 7.22 569-272-62704 Plumbing Inspections 35,000.00 1,350.00 1,350.00 33,650.00 3.86 569-272-63000 Plan Review 35,000.00 5,045.00 5,045.00 29,955.00 14.41 569-272-66300 Bond Forfeitures and Bond Costs 0.00 0.00 0.00 0.00 0.00 569-272-66500 Interest on Investments 12,000.00 237.78 237.78 11,762.22 1.98 569-272-67300 Gain / Loss on Sale of Assets 0.00 0.00 0.00 0.00 0.00 569-272-67500 Miscellaneous Revenues 500.00 0.21 0.21 499.79 0.04 569-272-67700 Print / Copy Fees 1,500.00 28.00 28.00 1,472.00 1.87 569-272-67800 Shipping / Postage 100.00 0.00 0.00 100.00 0.00 Total Dept 272 – Revenue Accounts 574,600.00 32,591.09 32,591.09 542,008.91 5.67 TOTAL REVENUES 574,600.00 32,591.09 32,591.09 542,008.91 5.67 Expenditures Dept 273 – Building Authority Expense Activity 569-273-70200 Salaries 194,000.00 14,573.95 14,573.95 179,426.05 7.51 569-273-70203 Building Board of Appeals 0.00 0.00 0.00 0.00 0.00 569-273-70204 Board Member At Large Stipend 360.00 30.00 30.00 330.00 8.33 569-273-71002 Health Insurance 56,000.00 13,011.69 13,011.69 42,988.31 23.24 569-273-71003 Disability / Life Insurance 2,350.00 376.58 376.58 1,973.42 16.02 569-273-71004 Work Comp Insurance 1,200.00 1,014.00 1,014.00 186.00 84.50 569-273-71005 Payroll Taxes – FICA 14,841.00 1,116.35 1,116.35 13,724.65 7.52 569-273-71006 HSA 7,060.00 7,197.86 7,197.86 (137.86) 101.95 569-273-71009 Pension Plan 15,520.00 1,734.55 1,734.55 13,785.45 11.18 569-273-71101 In Lieu of Insurance 5,565.00 418.76 418.76 5,146.24 7.52 569-273-71102 Clothing Allowance 1,500.00 0.00 0.00 1,500.00 0.00 569-273-71103 Education / Membership Dues 4,000.00 100.00 100.00 3,900.00 2.50 569-273-71200 Employee Appreciation 300.00 300.00 300.00 0.00 100.00 569-273-72700 Supplies 4,000.00 37.47 37.47 3,962.53 0.94 569-273-72800 Postage / Shipping 2,000.00 17.89 17.89 1,982.11 0.89 569-273-72900 General Insurance 10,500.00 10,114.00 10,114.00 386.00 96.32 569-273-80100 Building Inspector 8,000.00 0.00 0.00 8,000.00 0.00 569-273-80200 Electrical Inspector 40,000.00 2,850.00 2,850.00 37,150.00 7.13 569-273-80300 Mechanical Inspector 40,000.00 2,900.00 2,900.00 37,100.00 7.25 569-273-80400 Plumbing Inspector 30,000.00 2,500.00 2,500.00 27,500.00 8.33 569-273-80500 Plan Review 30,000.00 2,320.00 2,320.00 27,680.00 7.73 569-273-80600 Consultants 0.00 0.00 0.00 0.00 0.00 2023-03-02 SMBA Board Packet | Page 6 of 47 02/14/2023 10:12 AM REVENUE AND EXPENDITURE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 2/2 User: kgibson DB: Smba PERIOD ENDING 01/31/2023 % Fiscal Year Completed: 8.49 % BDGT USED AVAILABLE BALANCE ACTIVITY FOR MONTH 01/31/2023 YTD BALANCE 01/31/2023 2023 GL NUMBER DESCRIPTION AMENDED BUDGET Fund 569 – Building Authority Expenditures 569-273-80700 Accounting / Audit Fees 10,500.00 280.00 280.00 10,220.00 2.67 569-273-80800 Legal Fees 7,000.00 0.00 0.00 7,000.00 0.00 569-273-80900 IT / Infrastructure 29,000.00 4,610.80 4,610.80 24,389.20 15.90 569-273-80901 IT / Software 8,900.00 2,278.00 2,278.00 6,622.00 25.60 569-273-80902 IT / Support 500.00 0.00 0.00 500.00 0.00 569-273-81000 New Hire Expenses 0.00 0.00 0.00 0.00 0.00 569-273-85000 Telephone 3,600.00 689.33 689.33 2,910.67 19.15 569-273-86000 Vehicle Gas / Maintenance 3,500.00 296.27 296.27 3,203.73 8.46 569-273-86100 Mileage 500.00 0.00 0.00 500.00 0.00 569-273-94000 Facility Rent 22,000.00 22,000.00 22,000.00 0.00 100.00 569-273-95500 Miscellaneous Expenditures 500.00 0.00 0.00 500.00 0.00 569-273-95600 Equipment / Maintenance 2,400.00 299.93 299.93 2,100.07 12.50 569-273-96401 Refund of Overpayment 0.00 0.00 0.00 0.00 0.00 569-273-96500 Bank Service Charges 720.00 53.60 53.60 666.40 7.44 569-273-96800 Depreciation Expense 0.00 0.00 0.00 0.00 0.00 569-273-97100 Capital Outlay 3,000.00 2,548.68 2,548.68 451.32 84.96 569-273-97200 Capital Outlay – Vehicle 0.00 0.00 0.00 0.00 0.00 569-273-99300 Interest / Penalty 0.00 0.00 0.00 0.00 0.00 Total Dept 273 – Building Authority Expense Activity 559,316.00 93,669.71 93,669.71 465,646.29 16.75 TOTAL EXPENDITURES 559,316.00 93,669.71 93,669.71 465,646.29 16.75 NET OF REVENUES & EXPENDITURES 15,284.00 (61,078.62) (61,078.62) 76,362.62 399.62 TOTAL EXPENDITURES 559,316.00 93,669.71 93,669.71 465,646.29 16.75 TOTAL REVENUES 574,600.00 32,591.09 32,591.09 542,008.91 5.67 Fund 569 – Building Authority: NET OF REVENUES & EXPENDITURES 15,284.00 (61,078.62) (61,078.62) 76,362.62 399.62 TOTAL EXPENDITURES – ALL FUNDS 559,316.00 93,669.71 93,669.71 465,646.29 16.75 TOTAL REVENUES – ALL FUNDS 574,600.00 32,591.09 32,591.09 542,008.91 5.67 2023-03-02 SMBA Board Packet | Page 7 of 47 02/14/2023 10:12 AM BALANCE SHEET FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 1/1 User: kgibson DB: Smba Period Ending 01/31/2023 Fund 569 Building Authority GL Number Description Balance *** Assets *** 569-000-00100 Cash – CKG – Mercantile Bank 341,348.64 569-000-00201 Cash – SAV – Consumers CU 25.00 569-000-00301 Cash – CD – Flagstar Bank 250,000.00 569-000-00302 Cash – CD – Consumers CU 150,514.10 569-000-00400 Cash – Imprest / Petty 250.00 569-000-14700 Accumulated Depreciation (35,114.44) 569-000-14799 Capital Assets Equipment 72,460.85 Total Assets 779,484.15 *** Liabilities *** 569-000-20200 Accounts Payable 1,750.39 569-000-22800 Due to State of Michigan 605.61 569-000-25700 Accrued Payroll 3,636.90 569-000-26500 Performance Bonds 20,000.00 Total Liabilities 25,992.90 *** Fund Balance *** 569-000-39000 Fund Balance 841,714.26 Total Fund Balance 841,714.26 * Year Not Closed *2022 End FB/2023 Beg FB 814,569.87 Beginning Fund Balance – 2022 841,714.26 Net of Revenues VS Expenditures – Current Year (61,078.62) Ending Fund Balance 753,491.25 Total Liabilities And Fund Balance 779,484.15 Net of Revenues VS Expenditures – 2022 (27,144.39) 2023-03-02 SMBA Board Packet | Page 8 of 47 Due Date 1099 Net Amount City/State/Zip Disc. Date Disc. % Sep CK Discount Ref # Address CK Run Date PO Hold Gross Amount Vendor Code Vendor name Post Date Invoice Bank Invoice Description 02/14/2023 10:24 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 1/14 User: kgibson DB: Smba POST DATES 01/01/2023 – 01/31/2023 BOTH JOURNALIZED AND UNJOURNALIZED PAID GL NUMBER DESCRIPTION AMOUNT Paid 01/10/2023 N 5,000.00 KALAMAZOO MI, 49009-9255 01/10/2023 0.0000 N 0.00 ATTN CHAD FARRER 01/10/2023 N 0.00 6400 W MAIN ST 2241 MISC ADVIA CREDIT UNION 01/10/2023 BTCO21-007 SWBA BD Bond Refund 569-000-26500 BTCO21-007 5,000.00 VENDOR TOTAL: 5,000.00 GL NUMBER DESCRIPTION AMOUNT Paid 01/31/2023 N 2,272.00 CHICAGO IL, 60680-9113 / / 0.0000 N 0.00 2234 PO BOX 809113 01/05/2023 N 2,272.00 AUNALYTICS AUNALYTICS, INC 01/05/2023 29975855 SWBA CLOUD HOSTING SERVICES FEB 2023 569-273-80900 IT / Infrastructure 2,272.00 VENDOR TOTAL: 2,272.00 GL NUMBER DESCRIPTION AMOUNT Paid 01/30/2023 N 197.86 MILWAUKEE WI, 53288-8297 / / 0.0000 N 0.00 2267 PO BOX 88297 01/30/2023 N 197.86 BASIC BASIC SALES 01/30/2023 IN2640472 SWBA FEE FOR SECTION 125 PREMIUM ONLY PLAN 2569-273-71006 HSA 197.86 VENDOR TOTAL: 197.86 GL NUMBER DESCRIPTION AMOUNT Paid 01/28/2023 N 4,569.35 DETROIT MI, 48267-4416 / / 0.0000 N 0.00 2253 PO BOX 674416 01/17/2023 N 4,569.35 BCBS BLUE CROSS BLUE SHIELD OF MICHIGAN 01/17/2023 007043238-0000 SWBA HEALTH INSURANCE MAR 2023 PREPAY 569-273-71002 Health Insurance 4,569.35 VENDOR TOTAL: 4,569.35 2023-03-02 SMBA Board Packet | Page 9 of 47 Due Date 1099 Net Amount City/State/Zip Disc. Date Disc. % Sep CK Discount Ref # Address CK Run Date PO Hold Gross Amount Vendor Code Vendor name Post Date Invoice Bank Invoice Description 02/14/2023 10:24 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 2/14 User: kgibson DB: Smba POST DATES 01/01/2023 – 01/31/2023 BOTH JOURNALIZED AND UNJOURNALIZED PAID GL NUMBER DESCRIPTION AMOUNT Paid 02/28/2023 N 2,139.00 BATH MI, 48808-7709 / / 0.0000 N 0.00 2261 14965 ABBEY LN 01/20/2023 N 2,139.00 BS&A BS&A 01/20/2023 145441 SWBA COMPUTER SOFTWARE & SUPPORT 2023 569-273-80901 GL 556.00 569-273-80901 AP 483.00 569-273-80901 CR 483.00 569-273-80901 PR 617.00 2,139.00 VENDOR TOTAL: 2,139.00 GL NUMBER DESCRIPTION AMOUNT Paid 01/17/2023 N 390.00 ANN ARBOR MI, 48104-1354 / / 0.0000 N 0.00 CODE ENFORCEMENT SERVICES DIVISION 01/17/2023 N 390.00 117 N 1ST ST STE 70 2251 CWA CARLISLE WORTMAN ASSOCIATES 01/17/2023 2167846 SWBA REVIEW PB22-05-0659 5320 HOLIDAY TER VI569-273-80500 Plan Review 390.00 GL NUMBER DESCRIPTION AMOUNT Paid 01/17/2023 N 120.00 ANN ARBOR MI, 48104-1354 / / 0.0000 N 0.00 CODE ENFORCEMENT SERVICES DIVISION 01/17/2023 N 120.00 117 N 1ST ST STE 70 2252 CWA CARLISLE WORTMAN ASSOCIATES 01/17/2023 2167847 SWBA CONSULTATION RE 235 N DRAKE RD 569-273-80500 Plan Review 120.00 VENDOR TOTAL: 510.00 2023-03-02 SMBA Board Packet | Page 10 of 47 Due Date 1099 Net Amount City/State/Zip Disc. Date Disc. % Sep CK Discount Ref # Address CK Run Date PO Hold Gross Amount Vendor Code Vendor name Post Date Invoice Bank Invoice Description 02/14/2023 10:24 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 3/14 User: kgibson DB: Smba POST DATES 01/01/2023 – 01/31/2023 BOTH JOURNALIZED AND UNJOURNALIZED PAID GL NUMBER DESCRIPTION AMOUNT Paid 02/06/2023 N 83.00 KALAMAZOO MI, 49007-1875 01/30/2023 0.0000 N 0.00 2266 2513 N BURDICK ST 01/30/2023 N 0.00 MISC CertaSite 01/30/2023 00035980 SWBA BD Payment Refund 569-272-49300 22. Fire Suppression: Alterations 33.00 569-272-62703 35. Inspection – Final 50.00 83.00 VENDOR TOTAL: 83.00 2023-03-02 SMBA Board Packet | Page 11 of 47 Due Date 1099 Net Amount City/State/Zip Disc. Date Disc. % Sep CK Discount Ref # Address CK Run Date PO Hold Gross Amount Vendor Code Vendor name Post Date Invoice Bank Invoice Description 02/14/2023 10:24 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 4/14 User: kgibson DB: Smba POST DATES 01/01/2023 – 01/31/2023 BOTH JOURNALIZED AND UNJOURNALIZED PAID GL NUMBER DESCRIPTION AMOUNT Paid 11/12/2022 N 365.00 BRIGHTON MI, 48114 / / 0.0000 N 0.00 2246 9032 ROSEMARY LN 01/12/2023 N 365.00 CSC CODE SAVVY CONSULTANTS LLC 01/12/2023 2088 SWBA FA REVIEW PE22-05-0371 5200 W MAIN ST P569-273-80500 2022-0159-1 365.00 GL NUMBER DESCRIPTION AMOUNT Paid 01/30/2023 N 285.00 BRIGHTON MI, 48114 / / 0.0000 N 0.00 2232 9032 ROSEMARY LN 01/04/2023 N 285.00 CSC CODE SAVVY CONSULTANTS LLC 01/04/2023 2133 SWBA FA REVIEW PE22-05-0521/PE22-05-0207 507569-273-80500 2022-0151-2 285.00 GL NUMBER DESCRIPTION AMOUNT Paid 02/08/2023 N 380.00 BRIGHTON MI, 48114 / / 0.0000 N 0.00 2237 9032 ROSEMARY LN 01/09/2023 N 380.00 CSC CODE SAVVY CONSULTANTS LLC 01/09/2023 2136 SWBA FA REVIEW PE22-05-0484 3680 STADIUM PAR569-273-80500 2022-0214-1 380.00 GL NUMBER DESCRIPTION AMOUNT Paid 02/08/2023 N 150.00 BRIGHTON MI, 48114 / / 0.0000 N 0.00 2242 9032 ROSEMARY LN 01/11/2023 N 150.00 CSC CODE SAVVY CONSULTANTS LLC 01/11/2023 2142 SWBA FA REVIEW PE22-05-0513 5300 W MAIN ST M569-273-80500 2022-0121-2 150.00 GL NUMBER DESCRIPTION AMOUNT Paid 02/08/2023 N 380.00 BRIGHTON MI, 48114 / / 0.0000 N 0.00 2243 9032 ROSEMARY LN 01/11/2023 N 380.00 CSC CODE SAVVY CONSULTANTS LLC 01/11/2023 2143 SWBA FA REVIEW PE22-05-0514 5023 W MAIN ST M569-273-80500 2022-0230-1 380.00 2023-03-02 SMBA Board Packet | Page 12 of 47 Due Date 1099 Net Amount City/State/Zip Disc. Date Disc. % Sep CK Discount Ref # Address CK Run Date PO Hold Gross Amount Vendor Code Vendor name Post Date Invoice Bank Invoice Description 02/14/2023 10:24 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 5/14 User: kgibson DB: Smba POST DATES 01/01/2023 – 01/31/2023 BOTH JOURNALIZED AND UNJOURNALIZED PAID VENDOR TOTAL: 1,560.00 GL NUMBER DESCRIPTION AMOUNT Paid 02/18/2023 N 2,429.91 PITTSBURGH PA, 15264-3561 / / 0.0000 N 0.00 C/O DELL USA LP 01/20/2023 N 2,429.91 PO BOX 643561 2259 DELL DELL MARKETING L.P. 01/20/2023 10646012550 SWBA 27″ MONITORS 569-273-97100 P2722H DELL 27 MONITOR – QTY 9 2,429.91 GL NUMBER DESCRIPTION AMOUNT Paid 01/30/2023 N 118.77 PITTSBURGH PA, 15264-3561 / / 0.0000 N 0.00 C/O DELL USA LP 01/30/2023 N 118.77 PO BOX 643561 2268 DELL DELL MARKETING L.P. 01/30/2023 10647105488 SWBA SOUNDBARS FOR 27″ MONITORS 569-273-97100 SLIM SOUNDBAR SB521A QTY 3 118.77 VENDOR TOTAL: 2,548.68 GL NUMBER DESCRIPTION AMOUNT Paid 02/06/2023 N 80.00 KALAMAZOO MI, 49007 01/30/2023 0.0000 N 0.00 2265 645 W MICHIGAN AVE 01/30/2023 N 0.00 MISC Fire Place & Grill Shoppe 01/30/2023 00037241 SWBA BD Payment Refund 569-272-49300 06. Gas/Wood Burning Appliances 30.00 569-272-62703 35. Inspection – Final 50.00 80.00 VENDOR TOTAL: 80.00 2023-03-02 SMBA Board Packet | Page 13 of 47 Due Date 1099 Net Amount City/State/Zip Disc. Date Disc. % Sep CK Discount Ref # Address CK Run Date PO Hold Gross Amount Vendor Code Vendor name Post Date Invoice Bank Invoice Description 02/14/2023 10:24 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 6/14 User: kgibson DB: Smba POST DATES 01/01/2023 – 01/31/2023 BOTH JOURNALIZED AND UNJOURNALIZED PAID GL NUMBER DESCRIPTION AMOUNT Paid 01/17/2023 N 1,000.00 PLAINWELL MI, 49080 01/17/2023 0.0000 N 0.00 2256 2879 W B AVE 01/17/2023 N 0.00 MISC FULGONI JOHN DOMINIC & 01/17/2023 BTCO21-006 SWBA BD Bond Refund 569-000-26500 BTCO21-006 1,000.00 VENDOR TOTAL: 1,000.00 GL NUMBER DESCRIPTION AMOUNT Paid 01/24/2023 Y 1,550.00 KALAMAZOO MI, 49009-8911 / / 0.0000 N 0.00 2264 6323 WINDDRIFT AVE 01/24/2023 N 1,550.00 GHECKMAN GARYAIRE, LLC 01/24/2023 010923-012023 SWBA PLUMBING / MECHANICAL INSPECTIONS 569-273-80400 Plumbing Inspector 500.00 569-273-80300 Mechanical Inspector 950.00 569-273-80200 Electrical Inspector 100.00 1,550.00 GL NUMBER DESCRIPTION AMOUNT Paid 01/09/2023 Y 1,350.00 KALAMAZOO MI, 49009-8911 / / 0.0000 N 0.00 2240 6323 WINDDRIFT AVE 01/09/2023 N 1,350.00 GHECKMAN GARYAIRE, LLC 01/09/2023 2023-01-09-3 SWBA PLUMBING / MECHANICAL INSPECTIONS 569-273-80400 Plumbing Inspector 750.00 569-273-80300 Mechanical Inspector 600.00 1,350.00 VENDOR TOTAL: 2,900.00 2023-03-02 SMBA Board Packet | Page 14 of 47 Due Date 1099 Net Amount City/State/Zip Disc. Date Disc. % Sep CK Discount Ref # Address CK Run Date PO Hold Gross Amount Vendor Code Vendor name Post Date Invoice Bank Invoice Description 02/14/2023 10:24 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 7/14 User: kgibson DB: Smba POST DATES 01/01/2023 – 01/31/2023 BOTH JOURNALIZED AND UNJOURNALIZED PAID GL NUMBER DESCRIPTION AMOUNT Paid 01/12/2023 N 568.65 KALAMAZOO MI, 49007-4713 / / 0.0000 N 0.00 2245 211 S ROSE ST 01/12/2023 N 568.65 GREENLEAF GREENLEAF TRUST 01/12/2023 00017244 SWBA Q4-2022 TRUSTEE AND RECORDKEEPING FEES 569-273-71009 TRUSTEE MARKET VALUE FEE 140.65 569-273-71009 RECORDKEEPING BASE FEE 400.00 569-273-71009 PER PARTICIPANT FEE 28.00 568.65 VENDOR TOTAL: 568.65 GL NUMBER DESCRIPTION AMOUNT Paid 01/19/2023 N 30.00 KALAMAZOO MI, 49009-5469 / / 0.0000 N 0.00 2258 2615 W F AVE 01/19/2023 N 30.00 LSTEHOUWER LARRY STEHOUWER 01/19/2023 2023-01-19-1 SWBA BOARD MEETING ATTENDANCE 569-273-70204 2023-01-19 30.00 VENDOR TOTAL: 30.00 2023-03-02 SMBA Board Packet | Page 15 of 47 Due Date 1099 Net Amount City/State/Zip Disc. Date Disc. % Sep CK Discount Ref # Address CK Run Date PO Hold Gross Amount Vendor Code Vendor name Post Date Invoice Bank Invoice Description 02/14/2023 10:24 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 8/14 User: kgibson DB: Smba POST DATES 01/01/2023 – 01/31/2023 BOTH JOURNALIZED AND UNJOURNALIZED PAID GL NUMBER DESCRIPTION AMOUNT Paid 01/13/2023 N 67.00 South Bend IN, 46628 01/13/2023 0.0000 N 0.00 2247 4601 Cleveland Rd. 01/13/2023 N 0.00 MISC Martell Electric LLC 01/13/2023 00037368 SWBA BD Payment Refund 569-272-49200 04. Dishwasher, Garbage Disposal, Range 5.00 569-272-49200 08. Lighting Fixtures – Per 25 6.00 569-272-49200 22. Smoke / Carbon Monoxide Detectors 6.00 569-272-62702 30. Inspection – Final 50.00 67.00 GL NUMBER DESCRIPTION AMOUNT Paid 01/13/2023 N 67.00 South Bend IN, 46628 01/13/2023 0.0000 N 0.00 2248 4601 Cleveland Rd. 01/13/2023 N 0.00 MISC Martell Electric LLC 01/13/2023 00037369 SWBA BD Payment Refund 569-272-49200 04. Dishwasher, Garbage Disposal, Range 5.00 569-272-49200 08. Lighting Fixtures – Per 25 6.00 569-272-49200 22. Smoke / Carbon Monoxide Detectors 6.00 569-272-62702 30. Inspection – Final 50.00 67.00 VENDOR TOTAL: 134.00 GL NUMBER DESCRIPTION AMOUNT Paid 01/22/2023 N 735.27 KALAMAZOO MI, 49009-1332 / / 0.0000 N 0.00 2236 811 S DRAKE RD 01/06/2023 N 735.27 VISA MERCANTILE VISA 01/06/2023 2023-01-06-1 SWBA VISA BILL DEC 2022 569-273-86000 GAS 186.00 569-273-86000 CAR WASH MONTHLY SUBSCRIPTION 29.99 569-273-80901 COGNITO FORMS SUBSCRIPTION 139.00 569-273-86000 2021 COLORADO OIL CHANGE 69.68 569-273-86000 2021 COLORADO WINDSHIELD WIPERS 10.60 569-273-71200 Employee Appreciation 300.00 735.27 2023-03-02 SMBA Board Packet | Page 16 of 47 Due Date 1099 Net Amount City/State/Zip Disc. Date Disc. % Sep CK Discount Ref # Address CK Run Date PO Hold Gross Amount Vendor Code Vendor name Post Date Invoice Bank Invoice Description 02/14/2023 10:24 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 9/14 User: kgibson DB: Smba POST DATES 01/01/2023 – 01/31/2023 BOTH JOURNALIZED AND UNJOURNALIZED PAID VENDOR TOTAL: 735.27 GL NUMBER DESCRIPTION AMOUNT Paid 01/24/2023 Y 1,500.00 COLDWATER MI, 49036-9553 / / 0.0000 N 0.00 2263 426 SARAH LN 01/24/2023 N 1,500.00 TTHATCHER MP SERVICES LLC 01/24/2023 010923-012023 SWBA MECHANICAL / PLUMBING INSPECTIONS 569-273-80300 Mechanical Inspector 750.00 569-273-80400 Plumbing Inspector 750.00 1,500.00 GL NUMBER DESCRIPTION AMOUNT Paid 01/09/2023 Y 1,100.00 COLDWATER MI, 49036-9553 / / 0.0000 N 0.00 2239 426 SARAH LN 01/09/2023 N 1,100.00 TTHATCHER MP SERVICES LLC 01/09/2023 2023-01-09-2 SWBA MECHANICAL / PLUMBING INSPECTIONS 569-273-80300 Mechanical Inspector 600.00 569-273-80400 Plumbing Inspector 500.00 1,100.00 VENDOR TOTAL: 2,600.00 GL NUMBER DESCRIPTION AMOUNT Paid 01/03/2023 N 100.00 LUDINGTON MI, 49431 / / 0.0000 N 0.00 C/O GERALD BLEAU 01/03/2023 N 100.00 1176 N ELLIS ST 2227 NMCOA NORTHERN MI CODE OFFICIALS ASSOC 01/03/2023 2023-01-03-1 SWBA 2023 MEMBERSHIP APPLICATION 569-273-71103 Education / Membership Dues 100.00 VENDOR TOTAL: 100.00 2023-03-02 SMBA Board Packet | Page 17 of 47 Due Date 1099 Net Amount City/State/Zip Disc. Date Disc. % Sep CK Discount Ref # Address CK Run Date PO Hold Gross Amount Vendor Code Vendor name Post Date Invoice Bank Invoice Description 02/14/2023 10:24 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 10/14 User: kgibson DB: Smba POST DATES 01/01/2023 – 01/31/2023 BOTH JOURNALIZED AND UNJOURNALIZED PAID GL NUMBER DESCRIPTION AMOUNT Paid 01/08/2023 N 16.99 CINCINNATI OH, 45263-3301 / / 0.0000 N 0.00 2228 PO BOX 633301 01/03/2023 N 16.99 ODP ODP BUSINESS SOLUTIONS 01/03/2023 282375126001 SWBA OFFICE SUPPLIES 569-273-72700 2023 WALL CALENDAR 16.99 GL NUMBER DESCRIPTION AMOUNT Paid 01/15/2023 N 17.89 CINCINNATI OH, 45263-3301 / / 0.0000 N 0.00 2230 PO BOX 633301 01/03/2023 N 17.89 ODP ODP BUSINESS SOLUTIONS 01/03/2023 284406111001 SWBA OFFICE SUPPLIES 569-273-72800 PLAIN WHITE SECURITY #10 ENVELOPES Q100 17.89 GL NUMBER DESCRIPTION AMOUNT Paid 01/29/2023 N 20.09 CINCINNATI OH, 45263-3301 / / 0.0000 N 0.00 2254 PO BOX 633301 01/17/2023 N 20.09 ODP ODP BUSINESS SOLUTIONS 01/17/2023 285466977001 SWBA OFFICE SUPPLIES 569-273-72700 MULTI MESSAGE DATER STAMP 20.09 VENDOR TOTAL: 54.97 GL NUMBER DESCRIPTION AMOUNT Paid 01/03/2023 N 22,000.00 KALAMAZOO MI, 49009-8210 / / 0.0000 N 0.00 2226 7275 W MAIN ST 01/03/2023 N 22,000.00 OSHTEMO OSHTEMO TOWNSHIP 01/03/2023 10172 SWBA 2023 RENT 569-273-94000 Facility Rent 22,000.00 VENDOR TOTAL: 22,000.00 2023-03-02 SMBA Board Packet | Page 18 of 47 Due Date 1099 Net Amount City/State/Zip Disc. Date Disc. % Sep CK Discount Ref # Address CK Run Date PO Hold Gross Amount Vendor Code Vendor name Post Date Invoice Bank Invoice Description 02/14/2023 10:24 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 11/14 User: kgibson DB: Smba POST DATES 01/01/2023 – 01/31/2023 BOTH JOURNALIZED AND UNJOURNALIZED PAID GL NUMBER DESCRIPTION AMOUNT Paid 01/31/2023 N 56.00 Greenville MI, 48838-1027 01/31/2023 0.0000 N 0.00 2270 6319 S GREENVILLE RD 01/31/2023 N 0.00 MISC Parker-Arntz Plumbing 01/31/2023 00036473 SWBA BD Payment Refund 569-272-49300 11. Water Heater 6.00 569-272-62703 35. Inspection – Final 50.00 56.00 VENDOR TOTAL: 56.00 GL NUMBER DESCRIPTION AMOUNT Paid 01/11/2023 N 1,000.00 MATTAWAN MI, 49071 01/11/2023 0.0000 N 0.00 2244 415 TREASURE ISLAND DR 01/11/2023 N 0.00 MISC PRIME HOMES LLC 01/11/2023 BTCO22-002 SWBA BD Bond Refund 569-000-26500 BTCO22-002 1,000.00 VENDOR TOTAL: 1,000.00 GL NUMBER DESCRIPTION AMOUNT Paid 01/19/2023 Y 250.00 VAN BUREN TWP MI, 48111-1677 / / 0.0000 N 0.00 2257 9593 REVERE DR 01/19/2023 N 250.00 REDMOND REDMOND ENGINEERING & DESIGN 01/19/2023 23-001-001 SWBA FS REVIEW PM23-05-0019 5023 W MAIN ST M569-273-80500 23-001 250.00 VENDOR TOTAL: 250.00 2023-03-02 SMBA Board Packet | Page 19 of 47 Due Date 1099 Net Amount City/State/Zip Disc. Date Disc. % Sep CK Discount Ref # Address CK Run Date PO Hold Gross Amount Vendor Code Vendor name Post Date Invoice Bank Invoice Description 02/14/2023 10:24 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 12/14 User: kgibson DB: Smba POST DATES 01/01/2023 – 01/31/2023 BOTH JOURNALIZED AND UNJOURNALIZED PAID GL NUMBER DESCRIPTION AMOUNT Paid 01/21/2023 N 222.22 CHICAGO IL, 60680-2815 / / 0.0000 N 0.00 2231 PO BOX 802815 01/04/2023 N 222.22 RICOH RICOH 01/04/2023 5066476589 SWBA Q1-2023 CONTRACT # 5137948 569-273-95600 MPCW2201SP BASE 2023-01-01 TO 2023-03-31 210.00 569-273-95600 MPCW2201SP COLOR READ 12.22 222.22 GL NUMBER DESCRIPTION AMOUNT Paid 02/04/2023 N 77.71 CHICAGO IL, 60680-2815 / / 0.0000 N 0.00 2250 PO BOX 802815 01/17/2023 N 77.71 RICOH RICOH 01/17/2023 5066583449 SWBA JAN 2023 CONTRACT # 4470926 569-273-95600 MPC2504 BASE 2023-01-15 TO 2023-02-14 15.41 569-273-95600 MPC2504 BW READ 2.01 569-273-95600 MPC2504 COLOR READ 60.29 77.71 VENDOR TOTAL: 299.93 GL NUMBER DESCRIPTION AMOUNT Paid 01/29/2023 N 280.00 PORTAGE MI, 49002-0507 / / 0.0000 N 0.00 2255 246 E KILGORE RD 01/17/2023 N 280.00 SIEGFRIED SIEGFRIED CRANDALL PC 01/17/2023 110820 SWBA ACCOUNTING SERVICES DEC 2022 569-273-80700 Accounting / Audit Fees 280.00 VENDOR TOTAL: 280.00 2023-03-02 SMBA Board Packet | Page 20 of 47 Due Date 1099 Net Amount City/State/Zip Disc. Date Disc. % Sep CK Discount Ref # Address CK Run Date PO Hold Gross Amount Vendor Code Vendor name Post Date Invoice Bank Invoice Description 02/14/2023 10:24 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 13/14 User: kgibson DB: Smba POST DATES 01/01/2023 – 01/31/2023 BOTH JOURNALIZED AND UNJOURNALIZED PAID GL NUMBER DESCRIPTION AMOUNT Paid 02/01/2023 N 194.26 PHILADELPHIA PA, 19170-0001 / / 0.0000 N 0.00 2249 PO BOX 7247-0381 01/17/2023 N 194.26 SUN LIFE SUN LIFE FINANCIAL 01/17/2023 247757 SWBA LIFE INSURANCE FEB 2023 569-273-71003 Disability / Life Insurance 194.26 VENDOR TOTAL: 194.26 GL NUMBER DESCRIPTION AMOUNT Paid 01/21/2023 N 539.33 CHICAGO IL, 60677-8000 / / 0.0000 N 0.00 2233 8020 SOLUTIONS CTR 01/05/2023 N 539.33 TELNET TELNET WORLDWIDE 01/05/2023 261755 SWBA PHONE OCT / NOV / DEC 2022 & JAN 2023 569-273-85000 Telephone 539.33 VENDOR TOTAL: 539.33 GL NUMBER DESCRIPTION AMOUNT Paid 01/14/2023 N 51.00 CINCINNATI OH, 45274-2596 / / 0.0000 N 0.00 2229 PO BOX 742596 01/03/2023 N 51.00 TMOBILE T-MOBILE 01/03/2023 977195739 SWBA MOBILE HOTSPOT USAGE DEC 2022 569-273-80900 IT / Infrastructure 51.00 GL NUMBER DESCRIPTION AMOUNT Paid 02/14/2023 N 51.00 CINCINNATI OH, 45274-2596 / / 0.0000 N 0.00 2269 PO BOX 742596 01/31/2023 N 51.00 TMOBILE T-MOBILE 01/31/2023 977195739 SWBA MOBILE HOTSPOT USAGE JAN 2023 569-273-80900 IT / Infrastructure 51.00 VENDOR TOTAL: 102.00 2023-03-02 SMBA Board Packet | Page 21 of 47 Due Date 1099 Net Amount City/State/Zip Disc. Date Disc. % Sep CK Discount Ref # Address CK Run Date PO Hold Gross Amount Vendor Code Vendor name Post Date Invoice Bank Invoice Description 02/14/2023 10:24 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 14/14 User: kgibson DB: Smba POST DATES 01/01/2023 – 01/31/2023 BOTH JOURNALIZED AND UNJOURNALIZED PAID GL NUMBER DESCRIPTION AMOUNT Paid 01/24/2023 Y 1,850.00 MATTAWAN MI, 49071-9746 / / 0.0000 N 0.00 2262 38159 24TH ST 01/24/2023 N 1,850.00 WWILCOX WILLIAM WILCOX 01/24/2023 010923-012023 SWBA ELECTRICAL INSPECTIONS 569-273-80200 Electrical Inspector 1,850.00 GL NUMBER DESCRIPTION AMOUNT Paid 01/09/2023 Y 900.00 MATTAWAN MI, 49071-9746 / / 0.0000 N 0.00 2238 38159 24TH ST 01/09/2023 N 900.00 WWILCOX WILLIAM WILCOX 01/09/2023 2023-01-09-1 SWBA ELECTRICAL INSPECTIONS 569-273-80200 Electrical Inspector 900.00 VENDOR TOTAL: 2,750.00 TOTAL – ALL VENDORS: 54,554.30 2023-03-02 SMBA Board Packet | Page 22 of 47 Southwest Michigan Building Authority 7275 West Main Street Kalamazoo MI 49009 269-585-4150 www.swmiba.org MEMORANDUM To: SMBA Board From: Office Manager Date: 13 Feb 2023 Re: Request for Purchase of Standing Desk Frame A request is made for the purchase of a second standing desk frame kit to convert the Administrative Assistant’s desk. The request is for the same product purchased in March of 2022 for the Office Manager. The total cost of the kit is $927.00. At present, the Capital Outlay account has a remaining balance of $451.32 which is left over from the purchase of new monitors in accordance with the approved Capital Improvement Plan. A budget amendment in the amount of $500.00 is requested to cover the proposed purchase. The old monitors were sold to Oshtemo Township for a total of $530.00; this miscellaneous revenue may be used to offset the requested amendment to the Capital Outlay account. 2023-03-02 SMBA Board Packet | Page 23 of 47 For technical questions and support call 800-349-3839, email info@upliftdesk.com, or visit our chat service at upliftdesk.com https://www.upliftdesk.com/ https://www.facebook.com/UPLIFTDesk1 https://twitter.com/UPLIFTDesk https://www.instagram.com/upliftdesk/ https://www.youtube.com/user/thehumansolution SP-FRMA-3-COM-1.6 88 Accessory Mounting Points Height Range Current Lifting Capacity Noise Level Travel Speed 21.6″-47.7″ 5 amps max (during movement) 535 lbs 50 dB 1.57″/second UPLIFT V2-Commercial L-Shaped Standing Desk Frame Specifications SKU: FRMA-3 Contract-grade Quality For help with assembly, see our assembly video at upliftdesk.com/3leg-com-lshp 20.9’’ 21.6’’ to 47.7’’ 43’’ to 74’’ Pictured: frame and desktop placement 37.9’’ to 69.4’’ 35.2’’ to 66.2’’ 3.35’’ 27.6’’ 10.4’’ Available in 4 Color Options Meets BIFMA X5.5-2014 Durability Standard Meets BIFMA G1-2013 Height Standard Whisper-Quiet Adjustment Included Under-Desk Wire Management Superior Anti-Collision Sensitivity Triple Motor Design 3-Stage Legs Are 33% Faster Than 2-Stage Legs Improved Stability with 33% Larger, Precision Tolerance Legs Stability Crossbar 13.1’’ from stability crossbar to the floor Voltage Input 100-120Vac, 50/60Hz, 500W max Warranty 15 year 51.5’’ to 83’’ 45.5’’ to 76.5’’ 2023-03-02 SMBA Board Packet | Page 24 of 47 Frame Color & Type: Keypad: Included Free with Every Desk!: Wire Management: Price $927.00 Quantity: 1 Total $927.00 Subtotal: $927.00 Shipping: $0.00 Sales Tax: $55.62 Coupon Code: Add Coupon Gift Certificate: Gift Certificate Grand total: Your Cart (1 item) UPLIFT Desk UPLIFT L-Shaped Standing Desk Frame (V2 & V2-Commercial) V2-Commercial C-Frame – Black (+$110.00) Advanced Comfort Angled Keypad – Black (+$39.00) FREE Wire Management Tray [qty 1], Cable Tie Mounts [qty 15], Anchor Plates [qty 2] [Not Shown] Advanced Wire Mgmt (+$39.00) Change $982.62 Check out Upload Tax Exemption Form 4.8 2023-03-02 SMBA Board Packet | Page 25 of 47 Southwest Michigan Building Authority 7275 West Main Street Kalamazoo MI 49009 269-585-4150 www.swmiba.org MEMORANDUM To: SMBA Board From: Office Manager Kyle Gibson Date: 14 FEB 2023 Re: A Summary of the Rights and Duties of the Construction Board of Appeals Purpose The Construction Board of Appeals (“CBOA”) is a body composed of members who are not employees of SMBA, and who are qualified by experience and training to pass on matters pertaining to building construction and code interpretation. The CBOA can be called to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of the code. Decisions of the CBOA can be further appealed to the State of Michigan. Governing Law / Ordinance / Bylaws – 1972 PA 230 Section 14 et al, MCL 125.1514 et al, as amended. – Amended and Restated Interlocal State Construction Code Enforcement and Administration Agreement Section 7 et al, as amended. – Oshtemo Township Ordinance Section 274.005 – Cooper Township Ordinance Section 109.005 – Draft Bylaws of the Southwest Michigan Building Authority Construction Board of Appeals o Note: These draft bylaws have been reviewed by the Board of Directors and are recommended for adoption by the CBOA. The bylaws would need to be adopted at a public meeting of the CBOA in order for them to take effect. Rights The CBOA has the right to grant a variance to a specific code requirement, or to overturn a decision made by the Building Official, provided the decision is made in accordance with all applicable laws, rules, and municipal ordinances. Duties The CBOA is obligated to hold a public hearing upon receipt of a written appeal, provided the appeal has been made in accordance with the terms of the Public Act and the bylaws of the . The board must consider the validity of the appeal and provide a decision in writing to the appellant. All decisions and other documents must be retained as required by the Open Meetings Act. 2023-03-02 SMBA Board Packet | Page 26 of 47 STILLE-DEROSSETT-HALE SINGLE STATE CONSTRUCTION CODE ACT (EXCERPT) Act 230 of 1972 125.1514 Construction board of appeals; creation; appointment, qualifications, and terms of members; appeal to board; hearing; decision; statement of reasons for decision; appeal to commission; copy of decision; additional powers or duties; procedures; conducting business at public meeting; notice; availability of certain writings to public. Sec. 14. (1) A construction board of appeals for each governmental subdivision enforcing the code shall be created consisting of not less than 3 nor more than 7 members, as determined by the governing body of the governmental subdivision. Unless otherwise provided by local law or ordinance, the members of the board of appeals shall be appointed for 2-year terms by the chief executive officer of a city, village, or township and the chairperson of the county board of commissioners of a county. A member of the board of appeals shall be qualified by experience or training to perform the duties of members of the board of appeals. A person may serve on the board of appeals of more than 1 governmental subdivision. If an enforcing agency refuses to grant an application for a building permit, or if the enforcing agency makes any other decision pursuant or related to this act, or the code, an interested person, or the person’s authorized agent, may appeal in writing to the board of appeals. The board of appeals shall hear the appeal and render and file its decision with a statement of reasons for the decision with the enforcing agency from whom the appeal was taken not more than 30 days after submission of the appeal. Failure by the board of appeals to hear an appeal and file a decision within the time limit is a denial of the appeal for purposes of authorizing the institution of an appeal to the commission. A copy of the decision and statement of the reasons for the decision shall be delivered or mailed, before filing, to the party taking the appeal. (2) This act does not prevent a governmental subdivision from granting its board of appeals additional powers or duties not inconsistent with this act, or from establishing procedures to be followed by its board of appeals insofar as the procedures do not conflict with this act. Except as otherwise provided by this act, or by other laws or ordinances, a board of appeals may by rules establish its own procedures. (3) The business which the board of appeals may perform shall be conducted at a public meeting of the board of appeals held in compliance with Act No. 267 of the Public Acts of 1976. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976. (4) A record of decisions made by the board of appeals, properly indexed, and any other writing prepared, owned, used, in the possession of, or retained by the board of appeals in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976. History: 1972, Act 230, Eff. Jan. 1, 1973;Am. 1977, Act 195, Imd. Eff. Nov. 17, 1977;Am. 1978, Act 442, Imd. Eff. Oct. 9, 1978. Popular name: Act 230 Popular name: Uniform Construction Code Rendered Thursday, February 9, 2023 Page 1 Michigan Compiled Laws Complete Through PA 2 of 2023  Courtesy of www.legislature.mi.gov 2023-03-02 SMBA Board Packet | Page 27 of 47 STILLE-DEROSSETT-HALE SINGLE STATE CONSTRUCTION CODE ACT (EXCERPT) Act 230 of 1972 125.1515 Specific variance from code; requirements; breach of condition; permissible variance. Sec. 15. (1) After a public hearing a board of appeals may grant a specific variance to a substantive requirement of the code if the literal application of the substantive requirement would result in an exceptional, practical difficulty to the applicant, and if both of the following requirements are satisfied: (a) The performance of the particular item or part of the building or structure with respect to which the variance is granted shall be adequate for its intended use and shall not substantially deviate from performance required by the code of that particular item or part for the health, safety and welfare of the people of this state. (b) The specific condition justifying the variance shall be neither so general nor recurrent in nature as to make an amendment of the code with respect to the condition reasonably practical or desirable. (2) A board of appeals may attach in writing any condition in connection with the granting of a variance that in its judgment is necessary to protect the health, safety and welfare of the people of this state. The breach of a condition shall automatically invalidate the variance and any permit, license and certificate granted on the basis of it. In no case shall more than minimum variance from the code be granted than is necessary to alleviate the exceptional, practical difficulty. History: 1972, Act 230, Eff. Jan. 1, 1973. Popular name: Act 230 Popular name: Uniform Construction Code Rendered Thursday, February 9, 2023 Page 1 Michigan Compiled Laws Complete Through PA 2 of 2023  Courtesy of www.legislature.mi.gov 2023-03-02 SMBA Board Packet | Page 28 of 47 STILLE-DEROSSETT-HALE SINGLE STATE CONSTRUCTION CODE ACT (EXCERPT) Act 230 of 1972 125.1516 Appeal to commission; time; hearing; quorum; effect of decision; copy of decision and statement of reasons; record of decisions; public inspection; referral of certain appeals to appropriate board; review of board’s decision; petition. Sec. 16. (1) An interested person, or the interested person’s authorized agent, may appeal a decision of a board of appeals to the commission within 10 business days after filing of the decision with the enforcing agency or, in case of an appeal because of failure of a board of appeals to act within the prescribed time, at any time before filing of the decision. The hearing of an appeal based on the denial of a request for a variance by a board of appeals is within the sole discretion of the commission. If deciding an appeal, the commission may act either as a whole or by a panel of 3 or more of the commission members designated by the commission’s chairperson to hear and decide the appeal. A majority of a panel constitutes a quorum and a decision by a panel requires concurrence of at least a majority of the panel’s members. If an appeal has been presented to the commission within the time prescribed, the appeal shall be heard de novo by the commission. The commission may affirm, modify, or reverse a decision of the board of appeals or the enforcing agency. Except if modified or reversed by a court of competent jurisdiction, a decision of the commission made under this section is binding on the applicant and the affected board of appeals and enforcing agency. An appeal to the commission shall be decided within 30 days after receipt of the appeal by the commission. A copy of the decision and a statement of reasons for the decision shall be sent to the applicant and filed with the affected board of appeals and enforcing agency within 5 business days after the making of the decision. A record of decisions made by the commission under this section, properly indexed, shall be kept in the office of the commission, and be open to public inspection during business hours in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (2) Notwithstanding subsection (1), the executive director of the commission shall refer an appeal to the commission under subsection (1) which in the executive director’s judgment relates principally to a mechanical, plumbing, electrical, or barrier free design matter to the appropriate board. The board shall hear and decide the appeal in the same manner as an appeal is heard and decided by the commission under this section, except that a board shall meet as a whole and not in a panel. A person aggrieved by a decision of a board on any appeal under this subsection may petition the commission to review the decision. The commission shall act on the petition within 5 business days after receipt, and may grant the petition at the commission’s discretion except that the commission shall grant the petition if it appears that the appeal involves a question of major significance to the people of this state and that the case of the appellant has substantial merit. If the commission grants the petition, the commission acting as a whole shall review the decision in accordance with a procedure established by the commission’s rules. History: 1972, Act 230, Eff. Jan. 1, 1973;Am. 1974, Act 180, Imd. Eff. June 27, 1974;Am. 1978, Act 442, Imd. Eff. Oct. 9, 1978;Am. 2001, Act 164, Imd. Eff. Nov. 7, 2001. Popular name: Act 230 Popular name: Uniform Construction Code Administrative rules: R 408.30101 et seq. of the Michigan Administrative Code. Rendered Thursday, February 9, 2023 Page 1 Michigan Compiled Laws Complete Through PA 2 of 2023  Courtesy of www.legislature.mi.gov 2023-03-02 SMBA Board Packet | Page 29 of 47 STILLE-DEROSSETT-HALE SINGLE STATE CONSTRUCTION CODE ACT (EXCERPT) Act 230 of 1972 125.1517 Effect of appeal on orders, determinations, decisions, and actions. Sec. 17. An appeal to a board of appeals or the commission pursuant to this act, or to a court of competent jurisdiction pursuant to Act No. 306 of the Public Acts of 1969, as amended, does not stay a stop construction order issued by an enforcing agency or prevent an enforcing agency from seeking an order in a court of competent jurisdiction enjoining the violation of a stop construction order. In other cases, an appeal to a board of appeals, or to the commission pursuant to this act, or to a court of competent jurisdiction pursuant to Act No. 306 of the Public Acts of 1969, as amended, shall act as a stay upon an order, determination, decision or action appealed from, unless the enforcing agency establishes that immediate enforcement of the order, determination, decision or action is necessary to avoid substantial peril to life or property. History: 1972, Act 230, Eff. Jan. 1, 1973. Compiler’s note: For provisions of Act 306 of 1969, referred to in this section, see MCL 24.201 et seq. Popular name: Act 230 Popular name: Uniform Construction Code Rendered Thursday, February 9, 2023 Page 1 Michigan Compiled Laws Complete Through PA 2 of 2023  Courtesy of www.legislature.mi.gov 2023-03-02 SMBA Board Packet | Page 30 of 47 STILLE-DEROSSETT-HALE SINGLE STATE CONSTRUCTION CODE ACT (EXCERPT) Act 230 of 1972 125.1518 Filing claim of appeal or petition to review. Sec. 18. An appeal pursuant to Act No. 306 of the Public Acts of 1969, as amended, from a decision of the commission or a board, following an appeal from a decision of a board of appeals or enforcing agency shall be made by a claim of appeal filed with the court of appeals. An appeal pursuant to that act from any other decision of the commission or of a board shall be by petition to review filed with the Ingham county circuit court. History: 1972, Act 230, Eff. Jan. 1, 1973. Compiler’s note: For provisions of Act 306 of 1969, referred to in this section, see MCL 24.201 et seq. Popular name: Act 230 Popular name: Uniform Construction Code Rendered Thursday, February 9, 2023 Page 1 Michigan Compiled Laws Complete Through PA 2 of 2023  Courtesy of www.legislature.mi.gov 2023-03-02 SMBA Board Packet | Page 31 of 47 Page 10 of 15 Participating Local Units or until terminated by dissolution of SMBA or written termination executed by the governing boards of all of the Participating Local Units. (d) SMBA shall maintain adequate insurance coverage on all equipment and property of SMBA and against any loss or damages resulting from the negligence of its agents or employees. (e) Any dispute arising out of or relating to this Agreement or its breach that cannot be resolved in the normal course of business will be submitted to mediation under the then-current mediation rules and procedures of Mediation.org, a division of the American Arbitration Association. The parties will be required to engage in a good-faith effort to settle the dispute by mediation as a condition precedent to the institution of arbitration, litigation, or other binding adjudication. The mediation will be confidential. Unless agreed among all of the parties or required to do so by law, the parties and the mediator will not disclose to any person who is not associated with participants in the process any information regarding the process, contents, settlement terms, or outcome of the proceeding. (f) SMBA shall be audited annually by an independent auditor who shall prepare a written report of the audit and submit the same to SMBA and all Participating Local Units. The audit shall by performed by a certified public accountant selected by SMBA. 7. Board of Appeals A Construction Board of Appeals is hereby established consisting of not less than five (5) nor more than seven (7) members appointed by the SMBA Board. Members of the Board of Appeals shall be qualified by experience or training to perform the duties of members of the Board of Appeals. The terms of the members of the Board of Appeals shall be two (2) years and until a qualified successor is appointed. Qualified members shall be: A person who is 2023-03-02 SMBA Board Packet | Page 32 of 47 Page 11 of 15 experienced as a major general contractor; or A person who is experienced in residential construction; or A person who is a registered professional engineer or architect; or A person who is experienced in electrical contracting work; or A person who is experienced in mechanical contracting work; or A person who is experienced in plumbing contracting work; or A person deemed by the Authority to otherwise be qualified by training or experience to perform the duties of a member of the Construction Board of Appeals. 8. Authority and Duties of Construction Board of Appeals (a) The Construction Board of Appeals shall have such authority, power, rights and duties as are set forth in ordinances adopted by the Participating Local Units as well as such power and authority as is set forth in the Construction Code Act not inconsistent with the foregoing rights, powers, duties and authority established by local ordinance and the Michigan Construction Code. (b) The Construction Board of Appeals shall have the following duties: (1) To provide for reasonable interpretation of the provisions of the State Construction Code (2) To hear and decide appeals from and review any order, requirement, decision or determination made by the Authority pursuant to the Construction Code Act, the State Construction Code, and/or local ordinance(s). (3) To do acts, make decisions, and make such determinations as are authorized or directed by the Construction Code Act, the State Construction Code, and/or local ordinance(s). (4) To grant a specific variance to a substantive requirement of the State Construction Code if the literal application of the substantive requirement would result in exceptional, practical difficulty to the applicant, and if both of the following requirements are satisfied: 2023-03-02 SMBA Board Packet | Page 33 of 47 Page 12 of 15 (i) The performance of the particular item or part of the building or structure with respect to which the variance is granted shall be adequate for its intended use and shall not substantially deviate from performance required by the State Construction Code provisions for that particular item or port for the health, safety, and welfare of the people of the State. (ii) The specific condition justifying the variance shall be neither so general or recurrent in nature as to make an amendment of the applicable State Construction Code provision with respect to the condition reasonably practical or desirable. (c) The Construction Board of Appeals shall meet at such times as said Board may determine. It may adopt bylaws and rules of procedure covering any matters upon which it may act. (d) The presence of a simple majority of duly appointed members shall be necessary to constitute a quorum. A quorum shall be at all times present in order for the Construction Board of Appeals to validly transact its business and to decide upon any question. (e) The SMBA Board Secretary shall attend meetings of the Construction Board of Appeals as its Chairperson to organize, facilitate, and record minutes for such meetings as are duly noticed by the Construction Board of Appeals. The Chairperson shall not have the right to vote upon decisions before the Construction Board of Appeals. Accordingly, the Chairperson shall not be counted as a member when determining whether a quorum exists. 9. Effect of an Appeal to the Construction Board of Appeals and of a Decision of said Board 2023-03-02 SMBA Board Packet | Page 34 of 47 Page 13 of 15 The effect of an appeal to the Construction Board of Appeals and a decision of said Board shall be as set forth in the Construction Code Act and the State Construction Code where the same is effective within the Participating Local Units. 10. Termination/Withdrawal The term of this agreement is five (5) years as provided for in Section 6, provided that it may be extended for successive terms of five (5) years by joint resolution of the governing bodies of all of the Participating Local Units made at any time during the last six (6) months of the term or any extension thereof. Any Participating Local Unit may withdraw from this Agreement pursuant to Section 5(d) and thereby terminate its rights and duties hereunder except for the withdrawing Participating Local Unit’s financial obligation, which shall continue until the effective date of withdrawal or at any time during the term of this Agreement, provided the Participating Local Unit gives written notice of withdrawal to the SMBA Board not less than six (6) months in advance of the effective date of withdrawal and the Participating Local Unit remains liable for its financial obligation, which shall continue until the effective date of withdrawal. If a Participating Local Unit withdraws pursuant to Section 5(d) or provided notice of withdrawal pursuant to this Section, or if this Agreement terminates pursuant to Section 5(e) and SMBA dissolves, the Participating Local Unit(s) shall be entitled to their respective share of any undistributed funds and assets held by SMBA after all expenses of SMBA have been brought to date in an amount equal to the ratio of the dollar value of building permits issued by the Participating Local Unit to the total dollar value of the building permits issued by all Participating Local Units in the preceding year. Once SMBA is dissolved or a Participating 2023-03-02 SMBA Board Packet | Page 35 of 47 274.005 – Construction board of appeals. Sec. V. General. A Construction Board of Appeals is hereby established consisting of not less than five (5) nor more than seven (7) members appointed by the SMBA Board. Members of the Board of Appeals shall be qualified by experience or training to perform the duties of members of the Board of Appeals. The terms of the members of the Board of Appeals shall be two (2) years and until a qualified successor is appointed. Qualified members shall be: A person who is experienced as a major general contractor; or A person who is experienced in residential construction; or A person who is a registered professional engineer or architect; or A person who is experienced in electrical contracting work; or A person who is experienced in mechanical contracting work; or A person who is experienced in plumbing contracting work; or A person deemed by the Authority to otherwise be qualified by training or experience to perform the duties of a member of the Construction Board of Appeals. A. Authority and Duties of the Construction Board of Appeals. The Construction Board of Appeals shall have such authority, power, rights and duties as are set form in the ordinances adopted by the participating local units as well as such power and authority as is set forth in the Construction Code Act not inconsistent with the foregoing rights, powers, duties and authority established by local ordinance and the Michigan Construction Code. B. The Construction Board of Appeals shall have the following duties: 1. To provide for reasonable interpretation of the provisions of the State Construction Code. 2. To hear and decide appeals from and review any order, requirement, decision or determination made by the Authority pursuant to the Construction Code Act, the State Construction Code, and/or this Ordinance. 3. To do acts, make decisions, and make such determinations as are authorized or directed by the Construction Code Act, the State Construction Code, and/or this Ordinance. 4. To grant a specific variance to a substantive requirement of the State Construction Code if the literal application of the substantive requirement would result in exceptional, practical difficulty to the applicant, and if both of the following requirements are satisfied: i. The performance of the particular item or part of the building structure with respect to which the variance is granted shall be adequate for its intended use and shall not substantially deviate from performance required by the State Construction Code provisions for that particular item or part for the health, safety, and welfare of the people of the State. ii. The specific condition justifying the variance shall be neither so general or recurrent in nature as to make an amendment of the applicable State Construction Code provision with respect to the condition reasonably practical or desirable. C. The Construction Board of Appeals shall meet at such times as said Board may determine. It may adopt bylaws and rules of procedure covering any matters upon which it may act. D. The presence of a simple majority of duly appointed members shall be necessary to constitute a quorum. A quorum shall be at all times present in order for the Construction Board of Appeals to validly transact its business and decide upon any question. E. The SMBA Board Secretary shall attend meetings of the Construction Board of Appeals as its Chairperson to organize, facilitate, and record minutes for such meetings as are duly noticed by the Construction Board of Appeals. The Chairperson shall not have the right to vote upon decisions before the Construction Board of Appeals. Accordingly, the Chairperson shall not be counted as a member when determining whether a quorum exists. (Amended: Ord. No. 578, § III, 9-1-2016; Ord. No. 581, § I, 9-1-2016; Ord. No. 581. Amended Ord. No. 640, Adopted: September 28, 2021, Effective: October 7,2021.) 2023-03-02 SMBA Board Packet | Page 36 of 47 § 109:2 109.003 Designation of Enforcing Agency Sec. III. In accordance with the Urban Cooperation Act (1967 P.A. Ex. Ses 7), Section 8b of the Construction Code Act, and other pertinent Michigan statutes, the Township is authorized to enter into an agreement with other governmental subdivisions for the joint administration and enforcement of the Construction Code Act, the State Construction Code and this Ordinance through a separate legal entity which shall be a public body corporate established under the Urban Cooperation Act (“Agreement”) hereinafter referred to as the Authority. The Township hereby designates the person(s) appointed and employed by the Authority as Building Official(s) of the enforcing agency to discharge the responsibility of the Township for the administration and enforcement of the Construction Code Act, the State Construction Code, and this Ordinance. If no Authority is established, the Township Board shall establish a Building Department to administer and enforce the Construction Code Act, the State Construction Code and this Ordinance. 109.004 Fees Sec. IV. If the Township Board becomes a participating municipality in the Authority, the Board of Directors of the Authority is hereby given the authority to establish by resolution at any public meeting a schedule of fees, rates and charges for the administration and enforcement of the Construction Code Act, the State Construction Code and this Ordinance, and for the conducting of various activities authorized by said Act/Code and this Ordinance; provided that the same shall be reasonable and bear a reasonable relationship to the cost and expense of such administration, enforcement and activity. The Board of Directors of the Authority shall further have the right to amend by resolution the aforementioned schedule from time to time within the foregoing limits of reasonableness. If no Authority is established, the Township Board shall set the fees identified in this Section. 109.005 Construction Board of Appeals Sec. V. A. General. There is hereby established a Construction Board of Appeals (also referred to as a “Building Board of Appeals”) of not less than three (3) members nor more than seven (7) members appointed by the Authority as provided in the Agreement. If no Authority is established, the Township Board shall establish a Construction Board of Appeals as permitted by law. 2023-03-02 SMBA Board Packet | Page 37 of 47 § 109:3 B. Tenure of Board. The term of office of the members of the Construction Board of Appeals shall be two (2) years and until a qualified successor is appointed. C. Duties of the Construction Board of Appeals. (1) To provide for reasonable interpretation of the provisions of the State Construction Code. (2) To hear and decide appeals from and review any order, requirement, decision or determination made by the enforcing agency pursuant to the Construction Code Act, the State Construction Code and/or this Ordinance. (3) To do acts, make decisions, and make such determinations as are authorized or directed by the Construction Code Act, the State Construction Code and/or this Ordinance. (4) To grant a specific variance to a substantive requirement of the State Construction Code if the literal application of the substantive requirement would result in exceptional, practical difficulty to the applicant, and if both of the following requirements are satisfied: (a) The performance of the particular item or part of the building or structure with respect to which the variance is granted shall be adequate for its intended use and shall not substantially deviate from performance required by the State Construction Code provisions for that particular item or part for the health, safety and welfare of the people of the State. (b) The specific condition justifying the variance shall be neither so general or recurrent in nature as to make an amendment of the applicable State Construction Code provision with respect to the condition reasonably practical or desirable. D. Meetings, rules of procedure, quorum. The Construction Board of Appeals shall meet at such times as said Board may determine. It may adopt bylaws and rules of procedure covering any matters upon which it may act. The presence of four members shall be necessary to constitute a quorum. The majority of the members present shall be necessary to decide any question. 2023-03-02 SMBA Board Packet | Page 38 of 47 Page 1 of 7 BYLAWS OF THE SOUTHWEST MICHIGAN BUILDING AUTHORITY CONSTRUCTION BOARD OF APPEALS ARTICLE I- NAME The name of the Board shall be the Southwest Michigan Building Authority Construction Board of Appeals, the “Board”. ARTICLE II- PURPOSE AND DUTIES The purpose and duties of the Board shall be those prescribed for the Board of Appeals in MCL 125.1514 of the State Construction Code Act (PA 230 of 1972). ARTICLE III – MEMBERS, OFFICERS, AND DUTIES Section 1- Members. The Board shall consist of five (5) voting members, who are qualified to serve (as proscribed in MCL 125.1514 and the ordinance(s) of any participating governmental unit) and a non-voting Chairperson. The term of service of for the voting members shall be two (2) years and until a qualified successor is appointed. Voting members shall be appointed by the Chairperson of the Southwest Michigan Building Authority Board. Section 2- Officers. The Southwest Michigan Building Authority Board’s Secretary shall serve as the Board Chair and Secretary to organize, facilitate, and record minutes for such meetings as are duly noticed by the Board. The Board shall elect a Vice Chair to serve as an Officer of the Board. The election of the Vice Chair shall be held at the first meeting of the Board. Nominations shall be made from the floor at the meeting, and voting may be by voice vote. The candidate receiving a majority vote of the members of the Board shall be declared elected. Section 3- Duties. The Chair shall preside over all meetings of the Board and carry out other such duties as defined by these Bylaws. The Vice Chair shall assume the responsibilities and perform the duties of the Chair if the Chair is absent or otherwise unavailable to perform their designated duties. Section 4- Attendance at Meetings and Vacancies. A Board member’s nonattendance at three (3) consecutive Board meeting shall automatically create a vacancy without further action. The 2023-03-02 SMBA Board Packet | Page 39 of 47 Page 2 of 7 Southwest Michigan Building Authority may grant a member a leave of absence not to exceed one hundred and twenty (120) days. If a member position becomes vacant for any reason during the course of the member’s term, the vacancy shall be filled by appointment by the Chair of the Southwest Michigan Building Authority Board (with the consent of the Construction Board of Appeals by majority vote). If the Vice Chair position becomes vacant, a new election to replace them shall be held as soon as a new Board member is installed. ARTICLE IV- MEETING AND HEARING SCHEDULE; NOTIFICATION Section 1- Meetings. The Board shall not hold regular meetings and shall only convene upon request for an appeal hearing or special meeting request. Special meetings of the Board may be called by action of the Board. Special meetings may also be called by the Building Official, if so directed by the Chair, by any member of the Board in writing, or at the request of the Southwest Michigan Building Authority Board. Notification of all meetings of the Board shall comply with the Michigan Open Meetings Act, PA 267 of 1976, as amended. Notice of a special meeting shall be provided to each member of the Board at least twenty-four (24) hours in advance of the meeting and shall include the purpose of the meeting. The notice shall also be posted at the Southwest Michigan Building Authority office, the office of all participating local units of government, the intended place of the meeting, and online at least eighteen (18) hours in advance of the meeting. Section 2- Meeting and Hearing Notifications. A meeting to hear an appeal shall be held, and a decision rendered, within thirty (30) days after the receipt of an application for appeal in compliance with MCL 125.1514(1). Notification of any special meeting or hearing shall comply with the requirements of the Michigan Open Meetings Act, PA 267 of 1976, as amended, and shall be posted at the Southwest Michigan Building Authority office, and the office of all participating local units of government, and online at least eighteen (18) hours in advance of the meeting. All notifications to members of the Board shall be via email. Section 3- Meeting Cancellation. The Building Official, with approval of the Chair, may cancel a regular or special meeting of the Board if there is no business to conduct or if it is known that a quorum will not be present at the meeting. Notice of such cancellation shall be provided to each 2023-03-02 SMBA Board Packet | Page 40 of 47 Page 3 of 7 member of the Board and shall be posted at the Southwest Michigan Building Authority office, the intended place of the meeting, and online. ARTICLE V- MEETING PROCEDURES Section 1- Quorum. A quorum, for the purposes of conducting any business at a Board meeting shall consist of a simple majority of voting member seats. The Board Chair shall not have the right to vote upon decisions before the Board and shall not be counted as a member when determining whether a quorum exists. Section 2- Voting. The concurring vote of a simple majority of the voting members of the Board who are present shall be necessary to reverse, or modify, any administrative order, requirement, decision, or determination made by the Building Official in enforcing the Michigan Building Code. When a quorum is present, all other actions may be taken by a vote of a majority of the voting members present unless otherwise required by state or local statute. Each voting member of the Board shall vote on each question before the Board, unless excused from participating by a vote of the Board when a conflict of interest occurs, or as prohibited by the Michigan Open Meetings Act. Section 3- Conflict of Interest. A member who has a direct conflict of interest of more than a de minimis nature (as defined by MCL 15.322, 15.323, 15.323a, and 15.324) in any matter before the Board shall disclose that interest prior to the Board taking any action with respect to the matter. This disclosure shall become part of the record of the Board’s official proceedings. Any member making such disclosure shall, with the approval of the Board, refrain from participating in the Board’s decision-making process relative to such mater, (including all discussions, motions made, and votes taken) unless required by law. Section 4- Agendas. An agenda for each meeting shall be prepared by the Chair, as Secretary, using a format approved by the Board. For regular meetings, the agenda shall be emailed to the members of the Board and the appellant, posted at the Southwest Michigan Building Authority office, and the office of all participating local units of government, the intended place of the meeting, and online at least five (5) days before the meeting. For special meetings, the agenda shall 2023-03-02 SMBA Board Packet | Page 41 of 47 Page 4 of 7 be provided to the Board and posted at the Southwest Michigan Building Authority office, and the office of all participating local units of government, the intended place of the meeting, and online at least eighteen (18) hours before the meeting. The Board shall approve the agenda at each meeting and may act to add or delete items from the agenda or to rearrange the order of items on the agenda. Section 5- Agenda Materials. Non-exempt written materials shall include all public records and written materials which are subject to public disclosure under the Michigan Freedom of Information Act, 1976 PA 442 (MCL 15.231, et seq.). Copies of all non-exempt written materials available to the Secretary or Building Official at the time the agenda is emailed shall be transmitted with the agenda to the Board members and the appellant. Copies of all non-exempt written materials available to the Secretary shall also be available for inspection at the Southwest Michigan Building Authority office in advance of the meeting and shall be available at the meeting. Section 6- Open and Closed Meetings. All meetings of the Board shall be open to the public in accordance with the Michigan Open Meetings Act, PA 267 of 1976, as amended, and appropriate records made thereof. Upon a roll call vote of at least 2/3 of the members of the Board, and in compliance with the requirements of Section 15.267, the Board may meet in closed session for the purposes listed in Section 15.268 of the Act. Section 7- Public Participation. All persons shall be provided the opportunity to address the Board on any issue of interest at each meeting. Such opportunity may be limited to all prescribed times on the agenda, and to ensure that equal opportunity is proved to all persons present to address the Board, the Chair may limit the time each person is allowed to speak before the Board on any issue and may limit members of the public to prescribed times on the agenda. Section 8- Content and Publication of Meeting Minutes; Public Records. The Chair, as Secretary, shall record and publish minutes of the proceedings of each regular and special Board meeting as required under Section 15.269 of the Michigan Open Meetings Act. A copy of the proposed minutes shall be transmitted to the Board with the agenda for its next meeting, or within fifteen (15) days of the decision. The Board shall approve the minutes, with necessary corrections, 2023-03-02 SMBA Board Packet | Page 42 of 47 Page 5 of 7 at its next meeting and publish a copy of the corrected and approved minutes in compliance with MCL 15.269(3). The approved meeting minutes shall serve as the official public record of the Board’s actions. The Chair, as Secretary, shall maintain the approved meeting minutes and other public records of the Board as required. The minutes and public records shall be available for public inspection in accordance with the requirements of the Michigan Freedom of Information Act, 1976 PA 442 (MCL 15.231, et seq.), as amended. ARTICLE V- APPEALS UNDER THE STATE CONSTRUCTION CODE Section 1- Submission. Appeals shall be submitted to the Chair, as Secretary, on an appeal hearing request application form approved by the Board. The appeal must be accompanied by the required filing fee(s). Written documents, plans, photographs, or other materials may also be submitted in support of the appeal. Section 2- Filing Deadlines. In order to schedule the required public hearing, an appeal must be submitted at least fourteen (14) days in advance of the requested meeting date and must be called to allow the hearing to take place within thirty (30) days from the date of the request. An appeal seeking to reverse, or modify, any order, requirement, decision, or determination of the Building Official shall be filed within twenty (20) days of the issuance of such an order, requirement, decision, or determination. Section 3- Notice of Appeal. Upon receipt of an appeal request application, the Chair, as Secretary, shall prepare a notice of appeal that identifies (1) the name of the Board, its telephone number, and address; (2) the appellant and/or the property in question, (3) the date, time, and place at which the Board will hold the public hearing; (4) the subject of the appeal (including reference to any applicable code sections or statutes); (5) a statement of the legal authority and jurisdiction under which the hearing will be held; and (6) a short statement of the matter(s) and the action(s) that could result from the hearing. The Chair, as Secretary, or the Building Official may also prepare background information, technical analysis, or other information regarding the appeal to assist the Board in its deliberations. 2023-03-02 SMBA Board Packet | Page 43 of 47 Page 6 of 7 Section 4- Public Notification. The Chair, as Secretary, shall publish the notice of appeal hearing in accordance with the requirements of the Michigan Open Meetings Act, PA 267 of 1976, as amended. Section 5- Public Hearing. All appeals taken to the Board shall be considered by the Board at a public hearing. At the hearing, a party may appear in person or by authorized agent. The appellant will first be provided the opportunity to explain and defend the appeal. The Board may ask questions of the appellant. The Building Official, at the direction of the Chair, will present the Board’s response to the appeal. All interested persons will be permitted to address the Board on the appeal. The appellant will be provided the opportunity to respond to questions or concerns raised by others. The Chair, as Secretary, will maintain the official record of the hearing including all notices, pleadings; questions, objections, and rulings; evidence presented and the findings thereon; and the decisions and reason(s) for the decision(s). Section 6- Board Action. Following the public comment, the Board shall close the public hearing, deliberate, and take action on the appeal. The Board may act at the same meeting, or it may defer action to a subsequent meeting. The Board shall act on the appeal within a reasonable time not to exceed thirty (30) days after the appeal request unless a further time is agreed upon with the parties concerned. Section 7- Notification of Action. Within five (5) business days of the Board’s action, the Secretary shall send notice of the Board’s determination to the appellant electronically. The notice shall specify the action taken by the Board, including any conditions that may have been imposed, and the expiration date of any approval. Copies of the notice shall be promptly filed with the Southwest Michigan Building Authority and the applicable participating local unit(s) of government. Section 8- Reconsideration of a Board Action. A denied appeal may only be appealed to the State Construction Commission in accordance with the State Construction Code Act (PA 230 of 1972), as amended. Such appeals must be made within ten (10) business days of the filing of the 2023-03-02 SMBA Board Packet | Page 44 of 47 Page 7 of 7 Board’s decision (or at any time before the filing of the decision where the Board failed to act within the prescribed time). ARTICLE VI- AMENDMENTS OF BYLAWS These Bylaws may be amended at a regular meeting of the Board on an affirmative vote of at least three (3) voting members of the Board, provided that the proposed amendment has first been submitted to the Board in writing at a previous meeting. ARTICLE VII- FEE STRUCTURE Every appeal application shall be accompanied by the following: 1. A non-refundable application fee of five hundred dollars ($500.00). 2. A complete, signed, application for Appeal to the Construction Board of Appeals. Adopted by the Southwest Michigan Building Authority Construction Board of Appeals at their first meeting of ___________________, 2022 at which meeting ___ members were present. Date: _______________ _________________________________ Kyle Gibson, Chair and Secretary Southwest Michigan Building Authority Construction Board of Appeals 2023-03-02 SMBA Board Packet | Page 45 of 47 Southwest Michigan Building Authority 7275 West Main Street Kalamazoo MI 49009 269-585-4150 www.swmiba.org MEMORANDUM To: SMBA Board From: Office Manager Kyle Gibson Date: 14 FEB 2023 Re: Consideration of Board Member Appointments – Construction Board of Appeals Vacancy An application has been submitted for the vacancy on the CBOA by Kevin Osborne for the consideration of the Board of Directors. 2023-03-02 SMBA Board Packet | Page 46 of 47 Southwest Michigan Building Authority 7275 West Main Street Kalamazoo MI 49009 269-585-4150 www.swmiba.org MEMORANDUM To: SMBA Board From: Office Manager Kyle Gibson Date: 14 FEB 2023 Re: Consideration of Health Care Contingency The purpose of this item is to prompt the consideration of a contingency plan for employee health care in the event that the Authority is no longer able to purchase an employer-sponsored health care plan due to a lack of eligible or interested employees. Group coverage is not available for a single employee; if one of our staff were to choose to not participate in the Authority’s plan or if a position were to be eliminated, we do not currently have a contingency plan in place to address that problem. The main talking point is whether the board would want to provide assistance to employees in that event. If the Authority were no longer able to offer a group policy, employees would need to purchase a policy on the marketplace or go uninsured. More research is required, but it is my opinion that the cash in lieu of insurance payment would no longer be a valid option because the policy presumes the existence of an employersponsored plan. My recommendation would be to develop a new policy which would provide for reimbursement to employees for healthcare expenses. Reimbursement could be for the cost of marketplace plan premiums, either in whole, in whole for plans meeting certain criteria, up to a set dollar amount, or some other formula. It should also be kept in mind that at present, the Authority provides tax-advantaged HSA contributions to employees participating in the plan. If possible, it would be nice to ensure that any reimbursements were also tax-exempt. 2023-03-02 SMBA Board Packet | Page 47 of 47