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CITY OF MUSKEGON
CITY COMMISSION MEETING
DECEMBER 13, 2022 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS, AWARDS, AND PRESENTATIONS:
A. Recognition of 9/11 Event Participants by BSA Troop 1053
B. Recognition of Muskegon Police Officers
C. New Staff Introductions – Planning & Economic Development
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Sale of 1499 Hoyt Street City Manager
C. Sale of 1318 Pine Street City Manager
D. Good Temps Staffing Services Extension EEO & Employee Relations
E. Non-Union Part Time & Limited Term Wage Matrix EEO & Employee
Relations
F. Amendments to the Muskegon Social Equity Program Application
Planning
G. Roberts Street Reconstruction Award Public Works
H. Hartshorn Marina 2023 Rates Public Works
I. Sanitation Contract Extension Public Works
J. Muskegon Conservation District (MCD) Native Planting Project
Public Works
K. MDNR SPARK Grant Resolution Public Works
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L. Non-Union Pay/Benefits 2023 City Manager
M. Virtual Public Participation Policy City Clerk
N. Conservation Easement Agreement at Remembrance Drive Site
Development Services
O. 2023 FOP Contract City Manager
□ PUBLIC HEARINGS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Housing Board of Appeals Demolition – 808 Oak Avenue Public Safety
B. Adelaide Pointe Reimbursement Agreement City Manager
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the November 7, 2022 Worksession Meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 7, 2022 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Monday, November 7,
2022, a moment of silence was observed, after which the Commission and
public recited the Pledge of Allegiance to the Flag.
Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners
Teresa Emory, Rebecca St.Clair, Rachel Gorman, Interim City Manager LeighAnn
Mikesell, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Commissioners Eric Hood and Michael Ramsey
HONORS, AWARDS, AND PRESENTATIONS:
A. Presentation on Regional Transit Authority by Muskegon County
Bob Lukens, Community Development Director for Muskegon County, spoke
about the potential for a transit authority for Muskegon County. Muskegon
County has been in discussions with WMSRDC about the potential of a Transit
Authority. The County is seeking the appointment of a city representative to
attend meetings and participate in discussions.
Mayor Johnson suggested appointing LeighAnn Mikesell as the city
representative to participate in meetings and discussions regarding the
potential Transit Authority. A letter indicating her appointment will be sent.
PUBLIC COMMENT ON AGENDA ITEMS: No public comments were received.
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To Approve the minutes of the October 10, 2022
Worksession and October 11, 2022 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
C. Amendment to Marihuana Overlay District – Drive Thrus/Signs Planning
SUMMARY OF REQUEST: Staff-initiated request to amend Section 2331 of the
zoning ordinance to reduce signage restrictions on marihuana businesses and to
allow drive-thru marihuana facilities under certain conditions.
Page 1 of 8
After discussing the proposed ordinance at the Planning Commission meeting,
the board decided to slightly modify the proposal and request that all drive
thrus require a special use permit. The final language approved in the motion is
as follows:
Section 2331:
B. Grower, Excess Grower, and Processor Requirements:
1. Signage. Signage shall follow the regulations set forth by the underlying
zoning district.
C. Provisioning Center, Retailer, Microbusiness and Designated Consumption
Establishment Requirements:
4. Curbside/Drive Thru. Curbside delivery is allowed at all retail sale
locations with an approved site plan that does not impede traffic or
pedestrian safety. Drive thrus are allowed as a special use permitted under
the following conditions:
a. The underlying zoning designation must be B-2, B-4, MC, I-1, I-2,
or any Form Based Code designation/building type that allows for
drive thru businesses.
b. Drive-thru windows must be located on private property. Streets
and alleys may only be used for the movement of traffic and may
not be used for drive-thru vehicular stacking.
c. A traffic study must be performed showing anticipated number
of stacking spaces and where they would be located on site.
STAFF RECOMMENDATION: To approve the request to amend Section 2331
of the zoning ordinance to reduce signage restrictions on marihuana businesses
and to allow drive-thru marihuana facilities with the conditions listed as
proposed.
D. Landscaping RFP Public Works
SUMMARY OF REQUEST: Staff requests authorization to issue a request for
proposals to obtain pricing to transition a number of downtown landscaping
areas to private contract.
Staff has worked with the Downtown BID, DDA, Chamber of Commerce,
Lakeside BID and other stakeholders to develop the RFP that covers a wide
array of landscaping services currently provided through the City Parks
Department. There is a desire among the stakeholders to improve the level of
service being provided and a desire among city staff to free up staffing
resources that are currently expended for the services to improve service in
other areas of the city parks. Issuing the RFP will be the next step in exploring that
prospect by obtaining prices from interested firms to further inform future
decisions.
Page 2 of 8
The RFP proposes to obtain prices for nine (9) identified areas as follows, with
each area having a distinct scope of work and a proposed assigned cost share.
The baseline RFP proposes a 3-year contract with optional extensions for 4th and
5th year.
• Western Avenue
• Hackley Park
• 3rd Street (Midtown)
• City Hall Grounds
• Farmers Market Grounds
• Shoreline Drive
• Scatter Flower Pots/Planters
• Citywide Irrigation Startup/Shutdown
• Lakeside BID
Once bids are obtained for the work the responsible entities will reconvene to
review pricing and make a determination on future recommendations. Future
decision may have cost implications for the City, DDA, BID, and established care
funds at the Community Foundation; however there is no cost implications to
issue the RFP and obtain bids.
STAFF RECOMMENDATION: Authorize staff to issue the RFP for Landscaping
Services.
E. MDEGLE High Water Infrastructure Grant Public Works
SUMMARY OF REQUEST: Staff requests a resolution of support and commitment
of matching funds for submittal to MDEGLE through the 2023 High Water
Infrastructure Grant Program.
The Michigan Legislature appropriated $14.25 million to the Michigan
Department of Environment, Great Lakes, and Energy (EGLE) for a grant
program to provide infrastructure and planning grants that directly address the
impacts and vulnerabilities presented by severe weather events, with a focus on
projects that address flooding, coastline erosion, urban heat, and storm water
management.
Staff has identified restoration of the beach access at Kruse Park as a target for
this program. Staff has previously conducted community engagement on this
project and developed a master plan for the site that is available on our
website here – https://www.muskegon-mi.gov/cresources/Kruse-Park-Master-
Plan-compressed.pdf
Staff has prepared an application to pursue funds to support the work identified
in Phase 1 of the Master Plan as well as obtaining letters of support from our
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legislative contacts, the Muskegon Conservation District, WMSRDC, Beachwood-
Bluffton Neighborhood Association, and Disability Network of West Michigan.
If successful as drafted, the grant will provide $700,000 towards the project and
will require a commitment of matching cash/in-kind funds from the City in the
amount of $343,915.00 during the 23/24 fiscal year.
STAFF RECOMMENDATION: Approve the Resolution of Support and
Commitment of Matching Funds for the 2023 State High Water Infrastructure
Grant and authorize the Clerk to sign.
F. Roberts Street MDOT Agreement Public Works
SUMMARY OF REQUEST: Staff is requesting approval of a contract with MDOT for
the repaving of Roberts Street from Sherman Boulevard to Laketon Avenue, and
approval of resolution authorizing the Mayor and Clerk to sign contract.
This is the standard contract that governs construction contracts that use federal
funds and/or are administered through MDOT. The estimated cost of the project
is $1,046,811.25, with $371,340 of that being Category F Transportation Economic
Development Fund (TEDF) grant dollars. The reminder of $675,471.25 is
accounted for in the City’s FY22 Major Street fund capital budget. Of the
$825,000 budgeted for the project, $31,880.07 has been spent on engineering
and other design phase services.
The project will be bid this fall and begin construction in the spring; the exact
schedule is not known at this time but will be communicated to the businesses
and residents in the area once known.
AMOUNT REQUESTED: $675,471.25 AMOUNT BUDGETED: $825,000 Requested
$31,880.07 Expended
$793,119.93 Remaining
FUND OR ACCOUNT: 202 (Major Streets)
STAFF RECOMMENDATION: Approval of the Roberts Street MDOT Contract
and a resolution authorizing the DPW Director and Clerk to sign the contract.
H. LRS ARP Updated Construction Agreement Development Services
SUMMARY OF REQUEST: Staff is requesting that Commission amend the
construction and development agreement with Mr. Rubin Briggs, LRS Enterprises
to accommodate a Priority Related Investment Loan from the Community
Foundation for Muskegon County.
Mr. Briggs proved capable of working with the city during the Jackson Hill Infill
Housing Pilot where 2 homes on Leonard were constructed. Commission
awarded LRS Enterprises with an ARP agreement for 6 homes, with half the
money from ARP and the other half from the developer’s own financing. We
have found this to be a hardship for smaller, minority owned builders who do not
Page 4 of 8
have access to capital of some of our larger partners.
In an effort to be equitable and not let a systemic barrier to our own program
disqualify builders of color, staff has secured a Priority Related Investment Loan
from the Community Foundation for Muskegon County to cover Mr. Briggs’
$750,000 of the original contract. This would be a loan in the city’s name at
prime (5.5%) plus 2 percent interest with a .5% increase on January 1, 2023, and
would be paid back first as the homes sell. Any additional profits from sale would
go to the Public Improvement Fund. The updated Purchase Agreement reflects
this PRI which will return to the Commission for final approval and signatures. The
Act 99 Installment Purchase Agreement agenda item on this docket is a
precursor to the PRI approval.
AMOUNT REQUESTED: $750,000 AMOUNT BUDGETED: N/A
FUND OR ACCOUNT: (101) TO (404)
STAFF RECOMMENDATION: To accept the construction agreement as
presented and to authorize the Mayor and Clerk to sign.
I. LRS PRI Act 99 Installment Purchase Agreement Development Services
SUMMARY OF REQUEST: Staff is requesting the Commission authorize the
statutorily required Act 99 Installment Purchase Agreement and Resolution.
Public Act 99 of 1933 is a statute which allows municipalities to borrow funds for
real estate related endeavors. We have previously used this Act to partner with
the Community Foundation for Muskegon County on the Jackson Hill Infill Pilot.
The resolution covers the requirements laid out in the Act and has the
Agreement itself that is to be executed. This item is jointly presented for
consideration along with the Amended LRS Enterprises ARP Agreement.
STAFF RECOMMENDATION: To adopt the Resolution Authorizing the
Installment Purchase Agreement related to the Jackson Hill ARP Infill Housing
Project as presented, and to authorize the Mayor and Clerk to sign.
K. Sale of 1527 Hoyt Street City Manager
SUMMARY OF REQUEST: Staff is requesting approval of the purchase agreement
for 1527 Hoyt Street.
1527 Hoyt Street was constructed through the agreement with Dave Dusendang
to construct infill housing with ARPA funding.
STAFF RECOMMENDATION: To approve the purchase agreement for 1527
Hoyt Street.
Motion by Vice Mayor German, second by Commissioner St.Clair, to accept the
consent agenda as presented, minus items B, and G.
ROLL VOTE: Ayes: German, Gorman, Emory, St.Clair, and Johnson
Page 5 of 8
Nays: None
MOTION PASSES
2022-97 REMOVED FROM CONSENT AGENDA:
B. Arena Lease – Carlisle’s Arena Director
SUMMARY OF REQUEST: Seeking approval of the amended lease with Carlisle’s
at the Trinity Health Arena.
Amendment of Section 6 of the Agreement for Management of a Portion of a
Licensed Premises Pursuant to Participating Agreement.
To reflect the following:
Construction costs paid by Carlisle and/or reimbursed to the City of Muskegon in
the amount of $439,219.91, will result in a use credit to Carlisle at the rate of
$7.00 per month for each $1,000 of construction costs incurred together with
interest on the unreimbursed construction costs calculated at the rate of 5% per
annum. Any unused credit for the month shall roll over and be added to the
total available use credit in subsequent months. These credits shall continue
monthly for the term of this Agreement and any extensions thereof to and until
such time as the use credit is fully utilized and amortized.
In the original agreement the construction cost was $650,000. However, we are
reducing the credit costs by $210,780.09 due to construction overages by
Carlisle’s. Allowing Carlisle’s to utilize credit saves the City $279,259.64 in accrued
interest through 2040.
STAFF RECOMMENDATION: Approve the lease and authorize the Mayor and
Clerk to sign.
Motion by Commissioner St.Clair, second by Commissioner Gorman, to approve
the lease and authorize the Mayor and Clerk to sign.
ROLL VOTE: Ayes: German, Gorman, Emory, St.Clair, and Johnson
Nays: None
MOTION PASSES
G. Trash Compactors Public Works/Parks
SUMMARY OF REQUEST: Staff requests authorization to sign a three-year lease
for 14 self-compacting trash receptacles at Pere Marquette and Margaret
Drake Elliot Parks.
These 50-gallon capacity, self-compacting units from Connect by BigBelly would
enhance the shoreline look and be one direct result of the paid for parking
benefit. Not only will the units look aesthetically pleasing as opposed to the
current metal open face cans, but with a fully enclosed system, less trash would
blow out of the units onto the beach.
Page 6 of 8
Current walkway pads allow for placement and not block those with ADA
needs. The units are sturdy in nature and can handle the winds and sands at the
beach location according to the manufacturer. The biggest goal with the three-
year lease period is to not only see how much the cans get used, but also to see
how the units stand up to the elements. We will have the ability to extend the
lease or purchase units at the end of the three-year period.
Local suppliers can provide liners for the units. The manufacturer does have a
subsidiary in Kentucky that can proved liners if need be. The units also provide
options to advertise or brand; staff is still discussing the pros and cons of this
option and will proceed carefully, if at all. The units do connect to the internet if
available, and will notify staff of the need for emptying and include usage data.
During the off season, roughly October through April, we have enclosed storage
available at Margaret Drake Elliot for the units. Depending on how
maneuverable they are and the installation needs, staff is considering locating
them downtown during the off season. The three-year lease provides annual
maintenance and troubleshooting, however placement of the units and
removal each season would depend on Parks staff. The units are large and
would require heavy machinery to move.
Staff has performed a financial comparison, and while these units are about
twice as expensive as traditional receptacles we calculate we will recoup that
cost and more by reducing the times they need to be emptied and reducing
litter cleanup in the area. The current budget includes $10,000 for these units.
The actual impact to this year’s budget will be approximately $4,549.11 (for
three months of lease payments). Future budgets will include for the exact lease
amounts per fiscal year.
AMOUNT REQUESTED: $4,549.11 (FY22) AMOUNT BUDGETED: $10,000 (FY22)
$54,589.32 (Over 3 years) $54,589.32 (total including future budgets)
FUND OR ACCOUNT: 101-770-762 (Parks)
STAFF RECOMMENDATION: Authorize staff to enter into a three-year lease
agreement with Connect by BigBelly for a total of $54,589.32 over three years for
14 self-compacting 50-gallon trash receptacles.
Motion by Commissioner Emory, second by Vice Mayor German, to authorize
staff to enter into a three-year lease agreement with Connect by BigBelly for a
total of $54,589.32 over three years for 14 self-compacting 50-gallon trash
receptacles.
ROLL VOTE: Ayes: German, Gorman, Emory, St.Clair, and Johnson
Nays: None
MOTION PASSES
2022-98 ANY OTHER BUSINESS:
Page 7 of 8
A. Sale of 206 Irwin Avenue City Manager
SUMMARY OF REQUEST: Staff is requesting approval of the purchase agreement
for 206 Irwin Avenue.
206 Irwin Avenue was constructed through the agreement with Dave
Dusendang to construct infill housing with ARPA funding. After signing the
purchase agreement, the buyer elected to update the purchase price and
seller concessions which equate to a net zero change in fund to the city.
STAFF RECOMMENDATION: To approve the purchase agreement and
amendment for 206 Irwin Avenue.
Motion by Commissioner St.Clair, second by Commissioner Gorman, to approve
the purchase agreement and amendment for 206 Irwin Avenue.
ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, and German
Nays: None
MOTION PASSES
B. Sale of 291 McLaughlin City Manager
SUMMARY OF REQUEST: Staff is requesting approval of the purchase agreement
for 291 McLaughlin Avenue
291 McLaughlin Avenue is being constructed through the agreement with Dave
Dusendang to construct infill housing with ARPA funding. The home is under
construction with a planned cost of $235,000. The offer presented is for a sales
price of $172,500 with no seller concessions.
STAFF RECOMMENDATION: To approve the purchase agreement for 291
McLaughlin Avenue.
Motion by Commissioner St.Clair, second by Vice Mayor German, to approve
the purchase agreement for 291 McLaughlin Avenue, to be transferred by Quit
Claim Deed.
ROLL VOTE: Ayes: Emory, St.Clair, Johnson, German, and Gorman
Nays: None
MOTION PASSES
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:31 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 8 of 8
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: Sale of 1499 Hoyt
Street
Submitted By: LeighAnn Mikesell Department: City Manager
Brief Summary: Staff is requesting approval of the purchase agreement for 1499 Hoyt Street.
Detailed Summary & Background:
1499 Hoyt Street was constructed through the agreement with Dave Dusendang to construct infill
housing with ARPA funding. The offer is full price with no seller concessions.
Goal/Focus Area/Action Item Addressed:
Create an environment that effectively attracts new residents and retains existing residents by
filling existing employment gaps, attracting new and diverse businesses to the city, and expanding
access to a variety of high-quality housing options in Muskegon. Diverse housing types
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: to approve the purchase agreement for 1499 Hoyt Street.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology
Other Division Heads Communication Yes
Legal Review No
For City Clerk Use Only:
Commission Action:
dotloop signature verification: dtlp.us/wcdO-A61n-PDoa
WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
# 1
DATE: 11/25/2022 , 7pm (time) MLS # 22049089
SELLING OFFICE: West Urban Realty LLC BROKER LIC.#: REALTOR® PHONE: 616-3666-2459
LISTING OFFICE: West Urban Realty LLC REALTOR® PHONE: 616-366-2459
1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any
counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days"
in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference
to "time" refers to local time.
2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding
Real Estate Agency Relationships. The selling licensee is acting as (choose one):
Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller)
Transaction Coordinator
Primary Selling Agent Name: Mariana Murillo VanDam Email: mariana@westurbanrealtymi.c Lic.#:
Alternate Selling Agent Name: Email: Lic.#:
3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
Buyer has received the Seller’s Disclosure Statement, dated . Seller certifies to Buyer that the Property
is currently in the same condition as Seller previously disclosed in that statement. Seller agrees to inform Buyer in writing of any
changes in the content of the disclosure statement.
Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
registered mail. Exceptions: new construction. home warranty
Seller is exempt from the requirements of the Seller Disclosure Act.
4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
and will be an integral part of this Agreement.
5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon ,
County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
1499 Hoyt Street, Muskegon, MI 49442
with the following legal description and tax parcel ID numbers:
DIST:24 SUBD:CITY OF MUSKEGON REVISED PLAT (OF 1903) SEC/TWN/RNG/MER:SEC 05 TWN 9N RNG 17W CITY OF MUSKEGON REVISED PLAT
OF 1903 LOT 12 BLK 280
PP# 61-24-205-280-0012-00 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) division(s) under Section 108(2), (3), and
(4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
before , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 179900
one hundred seventy-nine thousand nine hundred U.S. Dollars
7. Seller Concessions, if any: 0
8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.)
SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below
are currently available to Buyer in cash or an equally liquid equivalent.
If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within
three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall
receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent
verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or
Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement
at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be
arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement.
NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to
obtain a Conventional type 15 (year) mortgage in the amount of 80 % of the Purchase Price
bearing interest at a rate not to exceed 8 % per annum (rate at time of loan application), on or before the date the sale is
to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
process the application, within 3 days after the Effective Date, not to impair Buyers’ credit after the date such loan if
offered. Seller Buyer will agree to pay an amount not to exceed $ representing repairs required as a
condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
©Copyright, West Michigan REALTOR® Associations
Page 1 of 6 Rev. Date 8/2022 YP Buyer’s Initials LM Seller’s Initials
11/25/22 11/25/22
8:27 PM EST 8:37 PM EST
dotloop signature verification: dtlp.us/wcdO-A61n-PDoa
West Michigan Regional Purchase Agreement Page 2 of 6
Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
Exceptions:
SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE
In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
within 48 hours. Seller is advised to seek professional advice regarding the credit report.
$ upon execution and delivery of a
form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
will be payable in monthly installments of $ or more including interest at % per annum,
interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and
paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:
EQUITY (choose one of the following): Formal Assumption or Informal Assumption
Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest
in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above
provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer
agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
(10) days after the Effective Date of this Agreement. Exceptions:
OTHER:
9. Contingencies: Buyer’s obligation to consummate this transaction (choose one):
IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:
A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
Money Deposit.
IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
of a sale or exchange of Buyer’s property located at
on or before . Seller will have the right to continue to
market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:
10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
fridge, stove, washer, dryer, microwave, dishwasher
but does not include:
1499 Hoyt Street, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 8/2022 YP Buyer’s Initials LM Seller’s Initials
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8:27 PM EST 8:37 PM EST
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
12. Assessments (choose one):
If the Property is subject to any assessments,
Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
of any installment arrangements), except for any fees that are required to connect to public utilities.
Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
and pay all other installments of such assessments.
13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all
taxes billed after those addressed below.
Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
property is transferred.
No proration. (Choose one):
Buyer Seller will pay taxes billed summer (year);
Buyer Seller will pay taxes billed winter (year);
Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
and prorated to the date of closing with Seller paying for January 1 through the day before closing.
Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears.
Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:
14. Well/Septic: Within ten (10) days after the Effective Date, (choose one) Seller or Buyer will arrange for, at their own expense,
an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and
septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or
other local governmental authority, if applicable) protocol.
If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-
is. Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
Buyer will proceed to closing according to the terms and conditions of this Agreement.
Other:
15. Inspections & Investigations:
Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
Buyer’s responsibility and expense.
Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.
All inspections and investigations will be completed within ____ days after the Effective Date. If the results of Buyer’s inspections and
investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either terminate
this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those
unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
1499 Hoyt Street, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 8/2022 YP Buyer’s Initials LM Seller’s Initials
11/25/22 11/25/22
8:27 PM EST 8:37 PM EST
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deemed to have accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal
or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s
receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a
refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will
be deemed to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this
Agreement.
Buyer has waived all rights under this Inspections & Investigations paragraph.
Exceptions:
16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector
ordinances, if applicable.
17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and
other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage
ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at
Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status
report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is
not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided.
If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller,
either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s
proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days
after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and
shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day
period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions
of this Agreement. Exceptions:
Title work Through Transnation Title. Seller to provide a quit claim deed
18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property
and the location of improvements thereon.
Buyer or Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron
corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of
the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which
would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may,
within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money
Deposit.
No survey. Buyer has waived all rights under this paragraph.
When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements
thereon. Exceptions:
Builder survey to be provided.
19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide
additional protection and benefit to the parties. Exceptions:
20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien
assumed by Buyer; will all be adjusted to the date of closing. For the purposes of calculating prorations, it is presumed that Seller
owns the Property through the day before closing.
21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than
12/30/2022 . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of
title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During
this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been
prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller
will pay the entire closing fee. Exceptions:
22. Pre-Closing Walk-Through: Buyer (choose one) reserves waives the right to conduct a final walk-through of the
Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in
a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included
personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s
requested corrective action.
23. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be
delivered to Buyer, subject to rights of present tenants, if any.
At the completion of the closing of the sale.
At a.m. p.m. on the day after completion of the closing of the sale, during which time Seller
1499 Hoyt Street, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
YP Buyer’s Initials LM Seller’s Initials
Revision Date 8/2022 11/25/22 11/25/22
8:27 PM EST 8:37 PM EST
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will have the privilege to occupy the Property and hereby agrees to pay Buyer $ as an occupancy
fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds.
If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as
liquidated damages $ per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller
from the Property.
If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and
mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any
portion of the Property will be Seller’s responsibility and expense.
On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all
personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on
all utilities, and shall deliver all keys to Buyer. Exceptions:
24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until noon (time) on
11/28/2022 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by
Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ 1000
shall be submitted to Transnation Title (insert name of broker, title
company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest
Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this
Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller
waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other
than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement
and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding
the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If
Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed
to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be
negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller.
In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as
determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation,
and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action
instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement
conflict with this paragraph, then the terms and conditions of the escrow agreement shall control.
25. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional
advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the
legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to
Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the
sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement
made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale
transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement
separately signed by Seller.
26. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect
to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing
Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business.
27. Other Provisions:
28. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no
oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed
by Buyer and Seller and attached to this Agreement.
29. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any
amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence
of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal
equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s)
required or permitted under this Agreement may also be transmitted by facsimile or other electronic means.
30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
1499 Hoyt Street, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
YP Buyer’s Initials LM Seller’s Initials
Revision Date 8/2022 11/25/22 11/25/22
8:27 PM EST 8:37 PM EST
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communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
to steal funds or use your identity.
31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
Buyer 1 Address X Young Phan Buyer
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NIIY-1JBN-IZRN-DPSY
Buyer 1 Phone: (Res.) 616-537-3064 (Bus.) Young Phan
Print name as you want it to appear on documents.
Buyer 2 Address X Buyer
Buyer 2 Phone: (Res.) (Bus.)
Print name as you want it to appear on documents.
32. Seller’s Response: The above offer is approved: As written. As written except:
Counteroffer, if any, expires , at (time). Seller has the right to withdraw this
counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance.
33. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as
disclosed in the Seller’s Disclosure Statement dated (choose one): Yes No. Seller agrees to inform
Buyer in writing of any changes in the content of the disclosure statement prior to closing.
34. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
is available from the respective agents via the West Michigan REALTOR® Boards.
35. Listing Office Address: Listing Broker License # 6505429509
Listing Agent Name: Listing Agent License #
36. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
below.
X (Seller’s Signature, Date, Time): LeighAnn Mikesell
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XQYV-9U7Q-4JCR-XYWO
LeighAnn Mikesell Is Seller a U.S. Citizen or Resident Alien? Yes No*
Print name as you want it to appear on documents.
X (Seller’s Signature, Date, Time):
Is Seller a U.S. Citizen or Resident Alien? Yes No*
Print name as you want it to appear on documents.
Seller’s Address: Seller’s Phone (Res.) (Bus)
* If Seller(s) is not a U.S. Citizen or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice.
37. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response
constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged.
X (Buyer’s Signature, Date, Time): Young Phan
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GKYK-1CQG-OQOG-HPOO
X (Buyer’s Signature, Date, Time):
38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
X (Seller’s Signature, Date, Time): LeighAnn Mikesell
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KBEQ-RKW4-T8TF-3IID
X (Seller’s Signature, Date, Time):
1499 Hoyt Street, Muskegon, MI 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 8/2022 YP Buyer’s Initials LM Seller’s Initials
11/25/22 11/25/22
8:27 PM EST 8:37 PM EST
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: Sale of 1318 Pine
Street
Submitted By: LeighAnn Mikesell Department: City Manager
Brief Summary: Staff is requesting approval of the purchase agreement for 1318 Pine Street.
Detailed Summary & Background:
1318 Pine Street was constructed through the agreement with Dave Dusendang to construct infill
housing with ARPA funding.
Goal/Focus Area/Action Item Addressed:
Create an environment that effectively attracts new residents and retains existing residents by
filling existing employment gaps, attracting new and diverse businesses to the city, and expanding
access to a variety of high-quality housing options in Muskegon. Diverse housing types
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: to approve the purchase agreement for 1318 Pine Street.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology
Other Division Heads Communication Yes
Legal Review No
For City Clerk Use Only:
Commission Action:
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12/06/22
12:59 PM EST
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12/06/22
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12/06/22
12:59 PM EST
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12/06/22
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Sales Price to be $178,480.00
all appliances included: washer, dryer, microwave, dishwasher, fridge, stove
$3000 seller concessions towards buyers closing costs
Builder's warranty starts from day of certificate of occupancy from the City of Muskegon. Max warranty 1 year.
Paragraph 8- will provide a quit claim deed vs a warranty deed.
12/7/2022 5pm
3478 Persimmon Ln, Holland, MI 49424
Mariana Murillo VanDam
LeighAnn Mikesell
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 12/13/2022 Title: Good Temps Staffing
Services Extension
Submitted By: Dwana Thompson Department: EEO &
Employee Relations
Brief Summary: The city is requesting an extension for the Good Temps Staffing Service
Agreement of 1 year. This agreement will be from January – December, 2023.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approve the 1 year extension of the Good Temps Staffing Service
Agreement for 2023.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 12/13/2022 Title: Non-Union Part Time &
Limited Term Wage Matrix
Submitted By: Dwana Thompson Department: EEO &
Employee Relations
Brief Summary: This is the proposed non-union, part-time and limited-term wage matrix for 2023.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approve the non-union part-time and limited-term wage matrix for 2023.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head x Information Technology Yes
Other Division Heads Communication No
x
Legal Review
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
2023 WAGE MATRIX FOR NON-UNION PART-TIME AND LIMITED TERM EMPLOYEES
Michigan Minimum Wage is $ 10.10 as of January 1, 2023
JOB TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7
GRADE 1 $ 12.00 $ 12.50 $ 13.00
INTERNS AGE 16-17 (Minimum wage for Employees under Age 18)
SEASONAL YOUTH WORKERS BOYS & GIRLS CLUB & COMMUNITY ENCOMPASS
GRADE 2 $ 15.00 $ 15.50 $ 16.00 $ 16.50 $ 17.00 $ 17.50 $ 18.00
ARENA CUSTODIAN
SEASONAL LEISURE SERVICE MAINTENANCE WORKER
SEASONAL SUPERVISORS BOYS & GIRLS CLUB & COMMUNITY ENCOMPASS
GRADE 3 $ 16.00 $ 16.50 $ 17.00 $ 17.50 $ 18.00 $ 18.50 $ 19.00
BUILDING FACILITY CARETAKER
FARMERS MARKET ASSISTANT
SCHOOL CROSSING GUARD
ARENA MAINTENANCE
SOCIAL DISTRICT SEASONAL WORKER
GRADE 4 $ 16.00 $ 16.50 $ 17.00 $ 17.50 $ 18.00 $ 18.50 $ 19.00
FACILITY SUPERVISOR I
BEACH/PARK RANGERS (PUBLIC SAFETY)
GRADE 5 $ 16.00 $ 17.00 $ 18.00 $ 19.00 $ 20.00 $ 21.00
INTERNS OVER 18
GRADE 6 $ 17.00 $ 17.50 $ 18.00 $ 18.50 $ 19.00 $ 19.50 $ 20.00
FACILITY SUPERVISOR II
SUPERVISORY INTERN (OVER 18)
SEASONAL BEACH EQUIPMENT OPERATOR
GRADE 7
BOARD OF CANVASSERS $25.O0 PER DIEM
BOARD OF REVIEW $13.50 per hour / 4 hour minimum
RECEIVING BOARD $65.00 per day
ELECTION WORKERS (INSPECTORS) $13.50 per hour
ELECTION WORKER CHAIRPERSON $16.00 per hour
ELECTIONWORKER CO-CHAIRPERSON $15.00 per hour
GRADE 8 $ 21.00
POLICE RECRUIT
GRADE 9A $ 16.00 $ 16.80 $ 17.64 $ 18.52 $ 19.44 $ 20.42
EVENT SECURITY MANAGER
GRADE 9B $ 21.68 $ 22.77 $ 23.90 $ 25.10 $ 26.36
PART TIME POLICE OFFICER
STEP-2 (500 hours); STEP-3 (1000 hours); STEP-4 (1500 hours); STEP-5 (2000 hours)
GRADE 9C $ 31.00 $ 32.00 $ 33.00 $ 34.00 $ 35.00
PT - FIRE INSPECTOR
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 12, 2022 Title: Amendments to the
Muskegon Social Equity
Program Application
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to amend the programs and the requirements for the Muskegon Social
Equity Program and associated application.
Detailed Summary & Background:
Changes include:
• Clarified how much funding an applicant may receive (Up to $10,000 unless approved by
the Commission).
• For “Education/Training Scholarship”, “Business Start-Up Grant” and “Business Start-Up
Loan”, added a stipulation that a parent could also have had the conviction while the
applicant was in school.
• Created a new category, the “Marihuana Industry Training Scholarship”. This is for
residents that want to get into the marihuana industry. The are more options to qualify for
this than the “Education/Training Scholarship.”
• Removed the “Marihuana Equipment Grant” category since it could be covered by the
“Business Start-Up Grant.”
Goal/Focus Area/Action Item Addressed:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the changes to the Muskegon Social Equity Program and
associated application as presented.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
Muskegon Social Equity Program
Grant & Loan Application
The City of Muskegon is dedicated to giving back to the community. We are offering grant and loan
opportunities to those who have been affected by the prohibition of marihuana. This program is intended
to help qualified residents with funding for education, training and business expenses.
Please complete the information below, select from the following programs on pages 2-6 and complete
the information for that program. Completed applications must be turned into the Planning Department
at City Hall, 933 Terrace St, Muskegon, MI 49440 or email the application to: planning@shorelinecity.com.
Please include the following documents with your application:
• For proof of residency:
o Driver’s License or State ID
• For proof of conviction, if required (one of the following):
o Judgement of Sentence
o Order on Application to Set Aside Conviction, if expunged
o Other conviction documents (documents must include name and marihuana conviction)
• For Marihuana License Grant, please provide proof of Michigan Social Equity Program approval
Additional information:
• Expenses may not be incurred before the application is approved.
• Applicant is not eligible if they have any non-marihuana related felonies within the past 5 years.
• Individual applicants may not receive more than $10,000 in funding unless approved by the City
Commission.
Contact Information
Applicant Name:
Address:
Phone Number:
Email:
Signature: Date:
For Office Use Only
Received By: Received Date:
Approved or Denied: Approval/Denial Date:
Page 1 of 6
Muskegon Social Equity Program
Grant & Loan Application
Education/Training Scholarship
Eligibility: Applicants must have been a resident of the City of Muskegon at least 12 months out of
the past 48 months and have had a previous low-level marihuana conviction (or had a parent have a
previous low-level marihuana conviction while in school) to be eligible.
Applicants may receive up to $5,000 in educational scholarships for any type of career/industry. The
educational costs (i.e. tuition, job skills training) will be paid with grant funds upon completion of
courses/training. Applicants attending a college or university must have filed a
Free Application Federal Student Aid and received eligible federal aid, this scholarship is intended to
cover a portion of the balance. The applicant must pass the course to be eligible for reimbursement.
Describe your previous low-level marihuana conviction (including date of conviction):
Name of College/University/Training Program:
Course/Training Title Credit Cost of Tuition Begin Date End Date
Hours
Total Cost:
Amount of Federal Aid:
Total Cost after Federal Aid applied:
Page 2 of 6
Muskegon Social Equity Program
Grant & Loan Application
Marihuana Industry Training Scholarship
Eligibility: Applicants must meet at least one of the following criteria:
• You are a current resident of the City and have been a resident for at least five cumulative
years.
• You are a current resident of the City and you have had misdemeanor conviction of a
marijuana-related offense (or had a parent have a previous low-level marihuana conviction
while in school).
• You are a current resident of the City and you were registered as a caregiver under the
MMMA for at least two years.
Applicants may receive up to $5,000 in training towards a career in the marihuana industry. The
training costs will be paid with grant funds upon completion of the training. The applicant must
complete coursework to be eligible for reimbursement. Institutions providing courses will be vetted
by City staff.
If necessary, describe your previous low-level marihuana conviction (including date of conviction):
Name and Cost of Training Program:
Page 3 of 6
Muskegon Social Equity Program
Grant & Loan Application
Business Start-Up Grant
Eligibility: Applicants must have had a previous low-level marihuana conviction (or had a parent have
a previous low-level marihuana conviction while in school) to be eligible.
Applicants may receive up to $5,000 in assistance towards hard costs (i.e. equipment, etc), soft costs
(i.e. business plan development, architecture fees, engineered drawings, formative business
documents, business training courses, etc.) or rental assistance associated with opening a business in
the City. The grant will be paid by reimbursement after the applicant provides receipt of payment for
the related costs.
Describe your previous low-level marihuana conviction (including date of conviction):
Describe your proposed business (including proposed location):
Describe the soft costs associated with opening your proposed business for which you seek to be
reimbursed.
Item: Cost:
Total Cost:
Page 4 of 6
Muskegon Social Equity Program
Grant & Loan Application
Business Start-Up Loan
Eligibility: Applicants must have been a resident of the City of Muskegon at least 12 months out of
the past 48 months and have had a previous low-level marihuana conviction (or had a parent have a
previous low-level marihuana conviction while in school) to be eligible.
Applicants may receive interest-free gap loans up to $25,000 to supplement traditional financing with
a third party. All loans must be paid back within 60 months.
Describe your previous low-level marihuana conviction (including date of conviction):
Describe your proposed business (including proposed location):
Amount of Loan Requested (not to exceed $25,000):
Duration of Loan Requested (not to exceed 60 months):
Describe the need for funding and how the loan will be used:
This loan must be used in conjunction with traditional financing. Describe what other methods of
financing are being used to fund the project.
Page 5 of 6
Muskegon Social Equity Program
Grant & Loan Application
Marihuana License Grant
Eligibility: Applicants must have been a resident of the City of Muskegon at least 12 months out of
the past 48 months and designated as a social equity applicant by the State of Michigan*.
Applicants may receive up to $10,000 in assistance for the fees associated with obtaining a local or
state marihuana license. For local application fees, a credit will be given to the applicant, waiving the
$5,000 application fee (fee waived for first year only). For State license fees, the grant will be paid by
reimbursement after the applicant provides receipt of payment for the State application fee.
*To be designated as a social equity applicant by the State of Michigan (application found at
www.michigan.gov), an individual must meet one of the following criteria:
• Residency – Residency in a disproportionately impacted community for at least 5 cumulative years.
• Marihuana Conviction – Conviction of a marihuana related offense.
• Caregiver Status – Registration as a primary caregiver under the Michigan Medical Marihuana Act.
Describe your previous low-level marihuana conviction (including date of conviction) or provide your
designation as a social equity applicant by the State of Michigan:
Describe your proposed business (including proposed location):
Grant Amount Requested (not to exceed $10,000):
Describe the need for funding and how the grant will be used:
Page 6 of 6
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: Roberts St Reconstruction Award
Submitted By: Dan VanderHeide Department: Public Works
Brief Summary:
Staff is requesting approval of a contract with McCormick Sand, Inc. in the amount of $828,230.30
for the reconstruction of Roberts Street from Sherman to Laketon, with $372,703.64 being covered
by a TEDF Category F grant from MDOT.
Detailed Summary & Background:
On November 7, 2022, Commission approved a grant agreement with MDOT that awarded up to
$375,000 to the City for a Transportation Economic Development Fund (Category F) Grant, with
the specific amount being 45% of the construction contract.
The City received bids on November 28, 2022, and McCormick Sand, Inc. was the low bidder at
$828,230.30. The grant, at 45%, will cover $372,703.64 of the project cost, leaving $455,526.66
for the City to pay out of the highway fund. The bids came in substantially below the estimate, so
this request is for over $200,000 less than was authorized at the time of the grant agreement.
McCormick Sand has performed admirably for the City in the past, and staff recommends award.
Goal/Focus Area/Action Item Addressed:
Key Focus Area: Sustainability in financial practices and infrastructure.
Amount Requested: $455,546.66 Amount Budgeted: $825,000.00 Requested
$ 31,880.07 Expended
$793,119.93 Remaining
Fund(s) or Account(s): 202 (Major Streets) Fund(s) or Account(s): 202 (Major Streets)
Recommended Motion: Approval of the contract with McCormick Sand, Inc. in the amount of
$828,230.30 for the reconstruction of Roberts Street from Sherman to Laketon.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
For City Clerk Use Only:
Commission Action:
BID TABULATION
City of Muskegon Project Engineer: Date: 11/28/2022
Egineering Department Project Number: H92032
Project description: Roberts St, Barney to Laketon
Engineers Estimate McCormick Sand K & R Wadel Stabilization Michigan Paving Matr
Line Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total
1 1100001 Mobilization, Max LSUM 1 $ 98,100.00 $ 98,100.00 $ 55,000.00 $ 55,000.00 $ 95,000.00 $ 95,000.00 $ 75,000.00 $ 75,000.00 $ 45,000.00 $ 45,000.00
2 2030015 Sewer, Rem, Less than 24 inch Ft 18 $ 17.50 $ 315.00 $ 70.00 $ 1,260.00 $ 10.00 $ 180.00 $ 67.00 $ 1,206.00 $ 25.00 $ 450.00
3 2040020 Curb and Gutter, Rem Ft 729 $ 10.01 $ 7,297.29 $ 20.00 $ 14,580.00 $ 10.00 $ 7,290.00 $ 18.00 $ 13,122.00 $ 10.00 $ 7,290.00
4 2040055 Sidewalk, Rem Syd 644 $ 12.74 $ 8,204.56 $ 10.00 $ 6,440.00 $ 8.00 $ 5,152.00 $ 14.00 $ 9,016.00 $ 20.00 $ 12,880.00
5 2057002 Machine Grading, Modified Sta 33.12 $ 2,000.00 $ 66,240.00 $ 1,500.00 $ 49,680.00 $ 1,100.00 $ 36,432.00 $ 2,180.00 $ 72,201.60 $ 2,400.00 $ 79,488.00
6 2080020 Erosion Control, Inlet Protection, Fabric Drop Ea 25 $ 119.87 $ 2,996.75 $ 100.00 $ 2,500.00 $ 140.00 $ 3,500.00 $ 100.00 $ 2,500.00 $ 100.00 $ 2,500.00
7 2090001 Project Cleanup LSUM 1 $ 1,000.00 $ 1,000.00 $ 1,500.00 $ 1,500.00 $ 250.00 $ 250.00 $ 1,200.00 $ 1,200.00 $ 2,200.00 $ 2,200.00
8 3062000 Driveway Maintenance, Commercial Ea 14 $ 800.00 $ 11,200.00 $ 800.00 $ 11,200.00 $ 300.00 $ 4,200.00 $ 470.00 $ 6,580.00 $ 1,000.00 $ 14,000.00
9 3062002 Intersection Maintenance Ea 7 $ 2,300.00 $ 16,100.00 $ 1,200.00 $ 8,400.00 $ 350.00 $ 2,450.00 $ 940.00 $ 6,580.00 $ 500.00 $ 3,500.00
10 4020602 Sewer, Cl E, 18 inch, Tr Det B Ft 18 $ 97.89 $ 1,762.02 $ 175.00 $ 3,150.00 $ 115.00 $ 2,070.00 $ 223.00 $ 4,014.00 $ 150.00 $ 2,700.00
11 4030010 Dr Structure Cover, Type B Ea 35 $ 522.82 $ 18,298.70 $ 500.00 $ 17,500.00 $ 700.00 $ 24,500.00 $ 500.00 $ 17,500.00 $ 900.00 $ 31,500.00
12 4030318 Dr Structure, Tap, 18 inch Ea 2 $ 1,145.30 $ 2,290.60 $ 1,150.00 $ 2,300.00 $ 500.00 $ 1,000.00 $ 995.00 $ 1,990.00 $ 1,200.00 $ 2,400.00
13 4037001 Dr Structure Cover, Adj Add, Depth, Modified Ft 10 $ 250.00 $ 2,500.00 $ 380.00 $ 3,800.00 $ 200.00 $ 2,000.00 $ 1,260.00 $ 12,600.00 $ 400.00 $ 4,000.00
14 4037050 Dr Structure Cover, Adj, Case 1, Modified Ea 35 $ 700.00 $ 24,500.00 $ 1,250.00 $ 43,750.00 $ 900.00 $ 31,500.00 $ 1,645.00 $ 57,575.00 $ 650.00 $ 22,750.00
15 5010005 HMA Surface, Rem Syd 13792 $ 6.12 $ 84,407.04 $ 1.00 $ 13,792.00 $ 2.00 $ 27,584.00 $ 3.60 $ 49,651.20 $ 2.54 $ 35,031.68
16 5010025 Hand Patching Ton 5 $ 250.00 $ 1,250.00 $ 200.00 $ 1,000.00 $ 200.00 $ 1,000.00 $ 200.00 $ 1,000.00 $ 600.00 $ 3,000.00
17 5012025 HMA, 4EML Ton 4863 $ 110.00 $ 534,930.00 $ 94.10 $ 457,608.30 $ 94.10 $ 457,608.30 $ 94.10 $ 457,608.30 $ 99.75 $ 485,084.25
18 8017011 Driveway, Nonreinf Conc, 8 inch, Modified SFT 1323 $ 54.00 $ 71,442.00 $ 7.00 $ 9,261.00 $ 6.50 $ 8,599.50 $ 6.80 $ 8,996.40 $ 10.25 $ 13,560.75
19 8020038 Curb and Gutter, Conc, Det F4 Ft 690 $ 23.04 $ 15,897.60 $ 30.00 $ 20,700.00 $ 30.00 $ 20,700.00 $ 26.50 $ 18,285.00 $ 30.80 $ 21,252.00
20 8030010 Detectable Warning Surface Ft 95 $ 38.22 $ 3,630.90 $ 35.00 $ 3,325.00 $ 35.00 $ 3,325.00 $ 35.00 $ 3,325.00 $ 60.00 $ 5,700.00
21 8030030 Curb Ramp Opening, Conc Ft 195 $ 30.72 $ 5,990.40 $ 30.00 $ 5,850.00 $ 30.00 $ 5,850.00 $ 26.50 $ 5,167.50 $ 30.80 $ 6,006.00
22 8030044 Sidewalk, Conc, 4 inch Sft 6464 $ 5.40 $ 34,905.60 $ 4.00 $ 25,856.00 $ 3.90 $ 25,209.60 $ 4.00 $ 25,856.00 $ 5.05 $ 32,643.20
23 8030048 Sidewalk, Conc, 8 inch Sft 625 $ 9.50 $ 5,937.50 $ 7.00 $ 4,375.00 $ 6.50 $ 4,062.50 $ 6.00 $ 3,750.00 $ 5.05 $ 3,156.25
24 8032003 Curb Ramp, Conc, 7 inch Sft 972 $ 12.02 $ 11,683.44 $ 6.50 $ 6,318.00 $ 7.75 $ 7,533.00 $ 6.10 $ 5,929.20 $ 9.75 $ 9,477.00
25 8110024 Pavt Mrkg, Ovly Cold Plastic, 6 inch, Crosswalk Ft 963 $ 2.32 $ 2,234.16 $ 3.00 $ 2,889.00 $ 3.00 $ 2,889.00 $ 2.75 $ 2,648.25 $ 2.75 $ 2,648.25
26 8110044 Pavt Mrkg, Ovly Cold Plastic, 18 inch, Stop Bar Ft 140 $ 10.00 $ 1,400.00 $ 7.00 $ 980.00 $ 7.00 $ 980.00 $ 6.50 $ 910.00 $ 6.50 $ 910.00
27 8110063 Pavt Mrkg, Ovly Cold Plastic, Lt Turn Arrow Sym Ea 1 $ 182.02 $ 182.02 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00
28 8110231 Pavt Mrkg, Waterborne, 4 inch, White Ft 253 $ 0.12 $ 30.36 $ 1.00 $ 253.00 $ 1.00 $ 253.00 $ 1.00 $ 253.00 $ 1.00 $ 253.00
29 8110232 Pavt Mrkg, Waterborne, 4 inch, Yellow Ft 2980 $ 0.11 $ 327.80 $ 0.30 $ 894.00 $ 0.30 $ 894.00 $ 0.30 $ 894.00 $ 0.30 $ 894.00
30 8120012 Barricade, Type III, High Intensity, Double Sided, Lighted, Furn Ea 9 $ 92.87 $ 835.83 $ 110.00 $ 990.00 $ 70.00 $ 630.00 $ 110.00 $ 990.00 $ 110.00 $ 990.00
31 8120013 Barricade, Type III, High Intensity, Double Sided, Lighted, Oper Ea 9 $ 2.63 $ 23.67 $ 5.00 $ 45.00 $ 1.00 $ 9.00 $ 5.00 $ 45.00 $ 5.00 $ 45.00
32 8120170 Minor Traf Devices LSUM 1 $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000.00 $ 11,400.00 $ 11,400.00 $ 22,500.00 $ 22,500.00 $ 22,593.00 $ 22,593.00
33 8120210 Pavt Mrkg, Longit, 6 inch or Less Width, Rem Ft 30 $ 0.56 $ 16.80 $ 1.00 $ 30.00 $ 1.00 $ 30.00 $ 5.00 $ 150.00 $ 5.00 $ 150.00
34 8120252 Plastic Drum, Fluorescent, Furn Ea 189 $ 23.02 $ 4,350.78 $ 24.00 $ 4,536.00 $ 10.00 $ 1,890.00 $ 24.00 $ 4,536.00 $ 24.00 $ 4,536.00
35 8120253 Plastic Drum, Fluorescent, Oper Ea 189 $ 0.64 $ 120.96 $ 1.00 $ 189.00 $ 0.10 $ 18.90 $ 1.00 $ 189.00 $ 1.00 $ 189.00
36 8120330 Sign, Portable, Changeable Message, Furn Ea 3 $ 1,931.19 $ 5,793.57 $ 1,700.00 $ 5,100.00 $ 1,300.00 $ 3,900.00 $ 1,700.00 $ 5,100.00 $ 1,700.00 $ 5,100.00
37 8120331 Sign, Portable, Changeable Message, Oper Ea 3 $ 270.69 $ 812.07 $ 500.00 $ 1,500.00 $ 50.00 $ 150.00 $ 500.00 $ 1,500.00 $ 500.00 $ 1,500.00
38 8120350 Sign, Type B, Temp, Prismatic, Furn Sft 635 $ 3.55 $ 2,254.25 $ 3.00 $ 1,905.00 $ 3.00 $ 1,905.00 $ 3.00 $ 1,905.00 $ 3.00 $ 1,905.00
39 8120351 Sign, Type B, Temp, Prismatic, Oper Sft 635 $ 0.65 $ 412.75 $ 1.00 $ 635.00 $ 0.10 $ 63.50 $ 1.00 $ 635.00 $ 1.00 $ 635.00
40 8120352 Sign, Type B, Temp, Prismatic, Spec, Furn Sft 88 $ 9.90 $ 871.20 $ 7.00 $ 616.00 $ 9.00 $ 792.00 $ 7.00 $ 616.00 $ 7.00 $ 616.00
41 8120353 Sign, Type B, Temp, Prismatic, Spec, Oper Sft 88 $ 0.41 $ 36.08 $ 1.00 $ 88.00 $ 0.10 $ 8.80 $ 1.00 $ 88.00 $ 1.00 $ 88.00
42 8120370 Traf Regulator Control LSUM 1 $ 2,000.00 $ 2,000.00 $ 10.00 $ 10.00 $ 500.00 $ 500.00 $ 1,200.00 $ 1,200.00 $ 13,000.00 $ 13,000.00
43 8160062 Topsoil Surface, Furn, 4 inch Syd 625 $ 7.50 $ 4,687.50 $ 7.00 $ 4,375.00 $ 12.00 $ 7,500.00 $ 6.00 $ 3,750.00 $ 22.00 $ 13,750.00
44 8167011 Hydroseeding Syd 625 $ 1.50 $ 937.50 $ 2.00 $ 1,250.00 $ 7.00 $ 4,375.00 $ 2.00 $ 1,250.00 $ 6.00 $ 3,750.00
45 8210001 Monument Box Ea 1 $ 250.00 $ 250.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 950.00 $ 950.00 $ 1,100.00 $ 1,100.00
46 8210010 Monument Preservation Ea 1 $ 800.00 $ 800.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 $ 950.00 $ 950.00 $ 600.00 $ 600.00
47 8237050 Water Valve Box and Cover, Complete Ea 18 300 $ 5,400.00 $ 1,150.00 $ 20,700.00 $ 750.00 $ 13,500.00 $ 1,000.00 $ 18,000.00 $ 1,250.00 $ 22,500.00
Total: $ 1,079,656.70 $ 828,230.30 $ 830,784.10 $ 929,862.45 $ 943,471.38
Page 1 of 1
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: Hartshorn Marina 2023 Rates
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking Commission approval to set the 2023 Rates for Hartshorn Municipal Marina.
Detailed Summary & Background:
Staff is proposing to set the rates at Hartshorn Marina for the 2023 season as follows, these rates
are also currently under review by MDNR for their concurrence as a Grant-In-Aid Harbor which we
are obligated to operate as through the 2024 boating season.
• 30 FT Slip = $2,580 (2022 Rate = $2,310)
• 40 FT Slip = $3,440 (2022 Rate = $3,080)
• 60 FT Slip = $4,620 (2022 Rate = $4,080)
• Mooring Field = $583 (2022 Rate = $583)
• Transient = Range H (2022 Rate = Range G)
This is the first fee adjustment that has been proposed since the 2019 season. The marina was
closed in 2020, and the rates shown above for 2022 were also used during the 2021 season.
It should be noted that since the loss of the T-Dock and the small boat basin following the high
water cycles there has been limited to no availability for transient slips. All of the 77 current slips
are slated for seasonal slip holders and roughly half of the mooring field is reserved on an annual
basis.
Goal/Focus Area/Action Item Addressed:
N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): 594 Fund(s) or Account(s): 594
Recommended Motion: Approve the 2023 user fee rates as proposed for Hartshorn Marina
provided the proposed rates are also approved by the MDNR.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology
Other Division Heads Communication Yes
Legal Review No
For City Clerk Use Only:
Commission Action:
HARTSHORN MUNICIPAL MARINA 2023 SEAS
Rate 1 Rate 2 Rate 3 Rate 4 Rate 5 Rate 6
Slip Length
20 $2,200 $2,040 $1,880 $1,720 $1,540 $1,360
21 $2,310 $2,142 $1,974 $1,806 $1,617 $1,428
22 $2,420 $2,244 $2,068 $1,892 $1,694 $1,496
23 $2,530 $2,346 $2,162 $1,978 $1,771 $1,564
24 $2,640 $2,448 $2,256 $2,064 $1,848 $1,632
25 $2,750 $2,550 $2,350 $2,150 $1,925 $1,700
26 $2,860 $2,652 $2,444 $2,236 $2,002 $1,768
27 $2,970 $2,754 $2,538 $2,322 $2,079 $1,836
28 $3,080 $2,856 $2,632 $2,408 $2,156 $1,904
29 $3,190 $2,958 $2,726 $2,494 $2,233 $1,972
30 $3,300 $3,060 $2,820 $2,580 $2,310 $2,040
31 $3,410 $3,162 $2,914 $2,666 $2,387 $2,108
32 $3,520 $3,264 $3,008 $2,752 $2,464 $2,176
33 $3,630 $3,366 $3,102 $2,838 $2,541 $2,244
34 $3,740 $3,468 $3,196 $2,924 $2,618 $2,312
35 $3,850 $3,570 $3,290 $3,010 $2,695 $2,380
36 $3,960 $3,672 $3,384 $3,096 $2,772 $2,448
37 $4,070 $3,774 $3,478 $3,182 $2,849 $2,516
38 $4,180 $3,876 $3,572 $3,268 $2,926 $2,584
39 $4,290 $3,978 $3,666 $3,354 $3,003 $2,652
40 $4,400 $4,080 $3,760 $3,440 $3,080 $2,720
41 $4,510 $4,182 $3,854 $3,526 $3,157 $2,788
42 $4,620 $4,284 $3,948 $3,612 $3,234 $2,856
43 $4,730 $4,386 $4,042 $3,698 $3,311 $2,924
44 $4,840 $4,488 $4,136 $3,784 $3,388 $2,992
45 $4,950 $4,590 $4,230 $3,870 $3,465 $3,060
46 $5,060 $4,692 $4,324 $3,956 $3,542 $3,128
47 $5,170 $4,794 $4,418 $4,042 $3,619 $3,196
48 $5,280 $4,896 $4,512 $4,128 $3,696 $3,264
49 $5,390 $4,998 $4,606 $4,214 $3,773 $3,332
50 $5,500 $5,100 $4,700 $4,300 $3,850 $3,400
51 $5,610 $5,202 $4,794 $4,386 $3,927 $3,468
52 $5,720 $5,304 $4,888 $4,472 $4,004 $3,536
53 $5,830 $5,406 $4,982 $4,558 $4,081 $3,604
54 $5,940 $5,508 $5,076 $4,644 $4,158 $3,672
55 $6,050 $5,610 $5,170 $4,730 $4,235 $3,740
56 $6,160 $5,712 $5,264 $4,816 $4,312 $3,808
57 $6,270 $5,814 $5,358 $4,902 $4,389 $3,876
58 $6,380 $5,916 $5,452 $4,988 $4,466 $3,944
59 $6,490 $6,018 $5,546 $5,074 $4,543 $4,012
60 $6,600 $6,120 $5,640 $5,160 $4,620 $4,080
Over 60 ft $110/ft $102/ft $94/ft $86/ft $77/ft $68/ft
HARTSHORN MUICIPAL MARINA 2023 TRANSIENT SLIP RATES
Boat Length A B C D E F G H I
25 $19 $22 $27 $31 $32 $37 $40 $44 $48
26 $20 $23 $28 $32 $34 $38 $42 $46 $49
27 $21 $24 $29 $33 $34 $40 $43 $47 $51
28 $21 $25 $30 $35 $38 $41 $45 $49 $53
29 $22 $26 $31 $36 $39 $43 $46 $51 $55
30 $23 $27 $32 $37 $41 $44 $48 $53 $57
31 $24 $28 $33 $37 $42 $46 $50 $54 $59
32 $24 $29 $34 $40 $43 $47 $51 $56 $61
33 $25 $30 $35 $41 $45 $49 $53 $58 $63
34 $26 $31 $36 $42 $46 $50 $54 $60 $65
35 $27 $32 $37 $43 $48 $52 $56 $61 $67
36 $27 $32 $38 $45 $49 $53 $58 $63 $68
37 $28 $33 $39 $46 $50 $55 $59 $65 $70
38 $29 $34 $40 $47 $52 $56 $61 $67 $72
39 $30 $35 $41 $48 $53 $58 $62 $68 $74
40 $30 $36 $42 $50 $54 $59 $64 $70 $76
41 $31 $37 $43 $51 $56 $61 $66 $72 $78
42 $32 $38 $45 $52 $57 $62 $67 $74 $80
43 $33 $38 $46 $53 $58 $64 $69 $76 $82
44 $33 $40 $47 $55 $60 $65 $70 $77 $84
45 $34 $41 $48 $56 $61 $67 $72 $79 $86
46 $35 $41 $49 $57 $63 $68 $74 $81 $87
47 $36 $42 $50 $58 $64 $70 $75 $83 $89
48 $36 $43 $51 $60 $65 $71 $77 $84 $91
49 $37 $44 $52 $61 $67 $73 $78 $86 $93
50 $38 $45 $53 $62 $68 $74 $80 $88 $95
51 $39 $46 $54 $63 $69 $75 $82 $89 $97
52 $40 $47 $55 $64 $71 $77 $83 $91 $99
53 $40 $48 $56 $66 $72 $78 $85 $93 $101
54 $41 $48 $57 $67 $73 $80 $86 $95 $103
55 $42 $49 $58 $68 $75 $81 $88 $96 $105
56 $43 $50 $59 $69 $76 $83 $90 $98 $106
57 $43 $51 $60 $71 $78 $84 $91 $100 $108
58 $44 $52 $61 $72 $79 $86 $93 $102 $110
59 $45 $53 $63 $73 $80 $87 $94 $103 $112
60 $46 $54 $64 $74 $82 $89 $96 $105 $114
61 $46 $55 $65 $76 $83 $90 $98 $107 $116
62 $47 $56 $66 $77 $84 $92 $99 $109 $118
63 $48 $57 $67 $78 $86 $93 $101 $110 $120
64 $49 $58 $68 $79 $87 $95 $102 $112 $122
65 $49 $59 $69 $81 $88 $96 $104 $114 $124
66 $50 $59 $70 $82 $90 $98 $106 $116 $126
67 $51 $60 $71 $83 $91 $99 $107 $118 $127
68 $52 $61 $72 $84 $92 $101 $109 $119 $129
69 $52 $62 $73 $86 $94 $102 $110 $121 $131
70 $53 $63 $74 $87 $95 $104 $112 $123 $133
71 $54 $64 $75 $88 $97 $105 $114 $124 $135
72 $55 $65 $76 $89 $98 $107 $115 $126 $137
73 $55 $66 $77 $91 $99 $108 $117 $128 $139
74 $56 $67 $78 $92 $101 $110 $118 $130 $141
75 ft or greater $0.76 $0.90 $1.06 $1.24 $1.36 $1.48 $1.60 $1.75 $1.90
J
$52
$54 2023 Transient Rates
$56
$58
$60
$62
$64
$66
$68
$70
$72
$74
$76
$78
$80
$82
$84
$87
$89
$91
$93
$95
$97
$99
$101
$103
$105
$107
$109
$111
$113
$115
$117
$119
$122
$124
$126
$128
$130
$132
$134
$136
$138
$140
$142
$144
$146
$148
$150
$152
$2.06
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: Sanitation Contract Extension
Submitted By: Leo Evans Department: Public Works
Brief Summary:
Staff is seeking Commission approval to adopt a proposed 5.5 Year Extension of Sanitation
Services with Republic Services, Inc. to provide Solid Waste, Recycling and Yard Waste Services
for city residents.
Detailed Summary & Background:
The attached proposal from Republic Services proposed to largely extend the existing services in
place. The major changes are highlighted as follows:
• 5.5 Year Extension (January 1, 2023 – June 30, 2028). Similar to previous extension terms
but modified to align with the city fiscal year with a 4% rate increase on January 1 annually
each year starting in 2024.
• Solid Waste cost per unit (residence) in 2023 at $12.26/Unit (2022 Rate is $11.62/Unit)
• Recycling cost per unit in 2023 is $4.78/Unit (2022 Rate is $4.50/Unit)
• Solid Waste Cost is $100/Load (2022 Rate is $10.50/Ton or roughly $125/Load)
• Offers a soft reopener clause for changes in material elements of work greater than 15%
year over year.
• Provides complimentary service to several city utilized dumpsters around town that support
Park and event operations
• Provides that by 2027 Republic Services will implement a tracking mechanism to record
which properties are collected and which are not on a daily basis and report that out in
electronic format to the City. This information can be the basis of considering an alternative
funding mechanism in future extensions if there is a desire to switch to a pay per use model
rather than a pay per unit model, or to explore options that further incentivize recycling
similar to how Grand Rapids handles their solid waste programming.
• No change to the bulk item (pink sticker) program, or the Neighborhood Dumpster Day
program. Those remain in place at the costs established in previous contracts.
The current contract is set to expire at the end of the calendar year. Staff is very satisfied with the
service that Republic provides in terms of the level of support and cooperation that is involved, as
well as the price per unit to deliver this service to the city.
The first full year of the program is expected to cost approximately $2.2M. The 22/23 budget
includes $2.075M for Republic Services. Being that only ½ of the fiscal year will fall under this new
contract we expect that the 22/23 budgeted amount will very nearly cover the cost of this increase.
Revenue to support these costs are derived from the 3 mill sanitation fee levied on all properties in
the city, in addition to the Sanitation Fee charged on all water bills, and any user fees collected for
bulk item stickers, etc… These revenue sources should continue to fully support the expenses of
this contract with the potential need for minor annual adjustments depending on the growth of the
levied millage.
Goal/Focus Area/Action Item Addressed:
Blight Cleanup / Sustainability In Financial Practices and Infrastructure
Amount Requested: Amount Budgeted:
No Change to Budgeted Amount (22/23) $2.075M (22/23)
$2.20M (23/24) TBD (23/24, and beyond)
$2.29M (24/25)
$2.38M (25/26)
$2.47M (26/27)
$2.57M (27/28)
Fund(s) or Account(s): 101-521 (Sanitation) Fund(s) or Account(s): 101-521 (Sanitation)
Recommended Motion: Approve the 5.5 Year contract extension for sanitation with Republic
Services, Inc.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology
Other Division Heads Communication Yes
Legal Review No
For City Clerk Use Only:
Commission Action:
November 29, 2022
Mr. Leo Evans
Director of Public Works
1350 East Keating Street
Muskegon, MI 49442
Dear Leo,
Republic Services is please to present you with the following contract extension, based
upon our negotiations with yourself and your team:
Contract will be for a 5-years and 6 months term beginning January 1, 2023 and
running through June 30, 2028.
City will own all solid waste containers and will purchase any containers that
may be needed in the future. Republic Services will take those purchased
containers and deliver and/or exchange, the existing containers as directed by
the City of Muskegon.
The agreed upon base price for the start of the new contract will be:
o $12.26/per unit
o $4.78/per unit Recycle based on current count (See Table below)
1x/Mth
Participation # Homes Service
1200 or less $5.26
1200 to 2000 $5.03
2001 to 3500 $4.78
3501 to 5000 $4.46
5001 to 7000 $4.20
7001 + $3.94
Yard waste Disposal to be $100 per load.
All Individual Rates listed in this extension shall be adjusted as follows. January 1, 2023
rates above will be applied; 4% Increase January 1, 2024; 4% Increase January 1, 2025,
4% Increase January 1, 2026; 4% Increase January 1, 2027; 4% Increase January 1,
2028.”
In the event that one or more material elements of cost to provide Service under this
Agreement experiences a year over year (YoY) change greater than 15%, Company
may have a discussion with the City about increasing the Annual Rate Adjustment
above the fixed rate by an additional amount equal to the additional cost increase. A
material element of cost shall be defined as a category of cost making up 5% or more
of the annual costs to provide the Services.
The fuel recovery fee will be modified to a baseline of $4.50/gallon, with
the change being modified to 1%. The city will receive a credit for fuel if
price per gallon falls below $3.15. The credit would then mirror the fuel
recovery fee of 1% at $.25 increments in price.
City will be serviced at no charge at the following sites for front load service:
Marsh Field Pere Marquette Park
McCrea Field Kruse Park
Sheldon Park Reese Field Park
Campbell Field Park Seyferth Park
McGraft Park Smith Ryerson Park
Beukma Park Muskegon DPW
DPW/ Salt Shed 30yd roll-off will be $147.34 per haul / $27.00 per ton
By January 1, 2027, Republic Services will be able to provide the city a “Service Exception
Report”, that will identify residents by address that are not putting their containers out
on their service day. This report will give the city insight into the number of homes that
are using the service and those that are not in any given week. This information will not
be used to make any adjustments to the number of “units” served during the term of this
contract, but rather will be used to collect data and allow for consideration of alternative
billing methods in future contracts for sanitation services. Frequency of reporting,
collection software, reporting output, and other factors to be determined jointly between
Republic Services and the City of Muskegon ahead of implementation.”
Republic Services would like to thank the City of Muskegon for the opportunity to service
you waste removal needs. We believe that we have an excellent working relationship
with the City and its residents and look forward to continuing the relationship in the
future. We appreciate the opportunity to provide you with this proposal for your review
and consideration.
Respectfully,
Jack Brown
Municipal Relationship Manager
Republic Services
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: MCD Native Planting Project
Submitted By: Leo Evans Department: Public Works
Brief Summary: Staff is requesting a letter of support, and commitment of matching funds to
support a joint initiative with the Silversides Museum and the Muskegon Conservation District for a
native planting project.
Detailed Summary & Background:
The Silversides Museum has worked with the City and the Muskegon Conservation District (MCD) to
identify several areas surrounding the museum campus that they would like to see converted into
native plantings. Much of the area is currently maintained as lawn and provides limited
recreational/pollinator value while requiring routine maintenance to maintain. The conversion of these
areas to native plantings would achieve all of goals outlined on page 3 of the 2018 Urban Pollinator
Habitat Plan (attached). This area was not specifically identified in the 2018 plan, however most of
the areas that were identified have already been accomplished or have run into obstacles that have
prevented or delayed implementation.
The project has received a letter of support from the Silversides Museum who is currently responsible
for the maintenance of a portion of the designated area, and is also supported by City staff that
maintain the remainder of the area. Staff from the Silversides Museum has also engaged the
Beachwood-Bluffton Neighborhood Association and has solicited a letter of support from that group.
Staff from the Silversides Museum will also be engaging with the six (6) residents along Channel
Drive regarding the conversion of the property across from them.
MCD is currently in the process of applying for a grant through the Wildflower Association of Michigan
to partially fund this project and is seeking a formal letter of support from the City, authorization to use
the property (City is the underlying land owner of all the impacted property), and a commitment of up
to $4,500 in matching funds to support the invoiced implementation costs. In addition the city will
provide in kind services to support the implementation should the grant be successful by assisting
with yard waste removal and cleanup on the site. A majority of the work will be completed by MCD
staff with assistance from volunteer groups organized through the Silversides Museum.
Though this project was not specifically identified in the initial budget drafting the expense is relatively
small and staff is comfortable that it can be allocated within the existing Parks budget with minimal to
no adverse impacts.
Goal/Focus Area/Action Item Addressed:
Financial Infrastructure / Sustainability / Investigate options to improve environmental sustainability
for projects within the city
Amount Requested: $4,500 Amount Budgeted: $0
Fund(s) or Account(s): 101-770 (Parks Maint) Fund(s) or Account(s): 101-770 (Parks Maint)
Recommended Motion: Authorize the DPW Director to sign the letter of support, the grant
authorization and property access letter, the MCD Cooperator Agreement and commit up to $4,500
in matching funds towards the project implementation should the grant be successful.
Approvals: Legal Review Guest(s) Invited / Presenting
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
For City Clerk Use Only:
Commission Action:
City of Muskegon Utility Map Date: 8/3/2022
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“That which is not good for the bee-hive
cannot be good for the bees.”
--Marcus Aurelius
Figure 1 Photo Credit: John R. Kelsey
I ntroduction: What is a pollinator?
Pollinators are generally classified as any species that facilitates sexual reproduction in
plants that produce food in the form of seeds or fruit. The primary pollinators for most
flowering plants are a diverse range of flying insects including bees, butterflies, moths,
wasps, and beetles. Birds and bats also help facilitate sexual reproduction in plants by
transferring pollen from male to female plant species, but bee species are the primary
pollinators for most food crops world-wide.
B ee Species Diversity
Almost 20,000 species of bees have been identified in the world; around 8% of those
produce honey. All species of North American honey-bees are non-native and require
human management. Most Michigan bee species are solitary and build nests either in
ground dwellings or organic material such as old raspberry canes. Increased human
development and pesticide applications have negative impacts on many pollinator
1|Page
species, especially those in direct contact with typical urban landscape management
methods.
W hy do we need to conserve bees?
Bees are a “keystone” species, which means they play a critical role in the health and
stability of our environment and the production of food throughout the ecosystem. They
are the only group which collects pollen and nectar as their primary food source. The
use of chemical pesticides and habitat destruction may be causing a decline in bee
species.
Conservation and best management strategies are becoming a universal component
of urban planning and habitat restoration and resiliency. Cities are increasingly turning
2|Page
to alternative green space use, urban farming, and animal husbandry to help promote
and preserve healthy pollinator ecology.
O bjectives
Identify and develop cost effective measures to increase healthy pollinator habitat in
the city of Muskegon; implement sustainable conservation techniques and
environmental best management practices and strategies; increase species diversity for
the environmental quality of citizens.
G oals
Increase pollinator habitat and diversity with sustainable plantings which require
minimal additional resources.
Reduce pesticide use and minimize drift with buffering zones.
Minimize chemical drift by creating pesticide-free buffer zones in parks and public
green spaces.
Reduce mowing and thereby save on equipment and personnel costs.
Educate the public about the importance of pollinator habitat.
3|Page
C ommunity Engagement
Cooperation and sharing of knowledge between the city of Muskegon, community
organizations, schools, and the public is critical to the development and success of
restoring and maintaining pollinator habitat. One example of community engagement
is the Grand Trunk Restoration Day event planned for May 18th, 2018 which will include
children from local classes to help plant flowering trees and shrubs at the site and hear
a brief presentation on the importance of urban pollinators.
I mplementation
The following areas in the city of Muskegon are suggested, but not exclusive, for THE
2018 pollinator habitat restoration and development program: Farmer’s Market
Grand Trunk boat launch
Hartshorn Point
Seaway/Shoreline Drive interchange*
Moses J. Jones Parkway*
Ryerson Creek
Richards Park*
Marquette Ave terraces between US-31 and Getty
*MDOT authorization required
4|Page
“bees are the batteries of orchards,
gardens, guard them.”
― Carol Ann Duffy, The Bees
5|Page
Muskegon Farmer’s Market 242 W. Western Drive 231-722-3251
A small area to the west of Muskegon’s premier Farmers Market is an ideal location to
plant pollinator friendly perennial flowering species, including asters, lavender, and
coreopsis. Some flowering trees may be planted, including apple and cherry.
Time line: Spring of 2018.
Aster
Lavender
Coreposis
6|Page
Grand Trunk Boat Launch 2090 Lakeshore Drive
A partnership between the City of Muskegon, West Michigan Shoreline Regional
Development Commission, and the former SAPPI collective bargaining unit has helped
redevelop the former industrial property into a thriving ecosystem. Additional plantings
of flowering tree and shrub species, including buttonbush and dogwoods are planned
for the annual Grand Trunk Restoration and Clean-up Day. Several local schools
participate in the clean-up and planting efforts.
Timeline:
May 18, 2018
Buttonbush
Iris
Dogwood
7|Page
Hartshorn Point 920 W. Western Ave
Hartshorn Point is a former industrial site with a mix of public and private property.
Remediation work was completed on the former West Michigan Steel property as
recently as 2013, which included a 500’foot conservation easement on the far east side.
The city would discontinue mowing operations except for a maintenance swath along
the bike path to the eastern point for public access. Some flowering
trees and shrubs, including oaks, buttonbush, and dogwoods
will be planted near the eastern shoreline, and wildflowers
Lobelia
such as lobelia, iris’s, and wild carrot would be
Red Osier
allowed to re-establish. Timeline: Spring/Summer Dogwood
2018 Wild
Carrot
8|Page
Seaway/Shoreline Interchange
The city will discontinue mowing the hills near the Seaway Drive overpass at Shoreline except for
a maintenance swath between the road and steep grades. Not mowing will allow native
perennials and grasses to re-establish. The increased biomass will reduce storm water
run-off and help stabilize the eroding hillside while creating an inviting
habitat for pollinators.
Purple
Coneflower
Purple coneflowers, cow’s vetch, and milkweed will be
Milkweed introduced to the hillside.
Cows Vetch
9|Page
Seaway Drive from Laketon to Sherman Boulevard
The center median of Seaway Drive between Laketon Avenue and Sherman Boulevard
will continue to be mowed, as would a six-foot maintenance swath on the east and
west side. Hills on either side would be untouched and allowed to return to pollinator-
friendly habitat. Educational signage stating, “Pollinator Habitat Next 2/3 of a Mile”
would be placed in several locations visible to oncoming traffic from the north and
south.
10 | P a g e
M JJ Poses . ones arkway / R yerson C reek
These areas are combined because of their proximity to each other. The maintenance
plan allows for mowing only along the roadway, allowing native flowering plants to re-
establish in the defined area near Ryerson Creek and along Moses J. Jones Parkway.
Flowering fruit tree such as apple and cherry, could be planted along the parameter of
road. Signage indicating “Pollinator Habitat/Pesticide-Free” zone would be placed in
areas visible to outgoing and inbound traffic.
Coreopsis
Cherry
Blossom
Apple
Blossem
11 | P a g e
Richards Park 95 North Causeway
Several “Pollinator-Friendly/Pesticide-Free” zones would be created near the entrance
to the park and towards the rear. A combination of native wildflower seeds, and twenty
to thirty apple/cherry trees would be planted as buffer between the highway and park.
Timeline: Late Summer/Fall 2018
12 | P a g e
Marquette Ave. between US-31 and Getty Street.
Street trees were removed from the Marquette corridor in 2015 when Consumers
Energy installed new power lines. The terraces on either side allow for planting flowering
ornamental species such as Crabapple, Kwanzan Cherry, Thundercloud Plum, and
flowering Dogwood. The city will apply for a Consumers Energy tree grant in the fall of
2018.
13 | P a g e
“Such bees! Bilbo had never seen anything like them. "If
one were to sting me," He thought "I should swell up as
big as I am!”
― J.R.R. Tolkien, The Hobbit
14 | P a g e
Educational Components
Signage would be placed in key locations to inform and educate the public.
15 | P a g e
Tree Species
Native species and cultivars are preferred for street and other municipal plantings and
landscape projects. A variety of ornamental cultivars are often available from West
Michigan nurseries, including the following nursery pollinator species sample:
Coral Burst Crabapple
Kwanzan Cherry
Autumn Blaze Maple
Don Wyman Crabapple
Stellar Pink Dogwood
Fort McNair Horse Chestnut
While local nursery stocks are preferred, quantities, availability, and price often require
procurement from businesses outside the city of Muskegon.
16 | P a g e
Flower / Shrub Species
Flowering plants and shrubs are selected by examining the type of soil,
temperature, moisture, and light profiles of each species to determine the most
optimal chances for survival with limited additional resources. Several Michigan seed
and bare-root suppliers offer native species in seed mixtures to match the soil and light
profiles of planting areas or geographic regions in the state. The following is a sample list
of native and regional species which could be included in pollinator habitat planting
projects:
Butterfly Weed, Asclepias tuberosa Buttonbush Cephalanthus occidentalis Showy Goldenrod, Solidago nemoralis
Silky Dogwood, Cornus amomum
Echinacea augustifolia
Tickseed, Coreopsis lanceolata
17 | P a g e
Pollinator Habitat Budget Estimate
The 2018 budget estimate for this program was extrapolated using previous state grants and
other planting projects which were accomplished using city personnel and equipment.
FRINGE BENEFITS, WAGES, S/S, COMP, 120
-
SALARY AND BENEFITS UNEMPLOY HOURS
5100 TOTAL $3,923
IRRIGATION SUPPLIES - SPRINKLERS $100
HOSES AND STORAGE UNITS, MOBIL SPRINKLER
-
HEADS
HARDWARE- NOZZLES, CLAMPS, POLY PIPE, PVC,
-
RISERS,
- TERRASORB HYDROGEL $300
- WATERING DEVICES $150
$550
TOOLS HAND SAWS, CUTTERS, PLIERS, VICE GRIPS,
- CHANNEL LOCKS, HAMMERS, CHISELS, DRIVERS,
POWER TOOL ATTACHMENTS
SHOVELS, RAKES, WEEDING TOOLS, LOPPERS,
-
PRUNERS $250
SPECIALTY TOOLS, WRENCHES, SOCKETS,
-
PULLERS $50
- Terra-Sorb HYDROGEL
$300
SEEDING AND
PLANTING
- WILD FLOWER SEED/LIVE PLANTS $4,000
- BLACK DIRT $350
- PEAT MOSS $300
- TREES $4,780
$9,430
5200 TOTAL $10,280
CONTRACTUAL 160
-
SERVICES STAFFING THROGH TEMP SERVICE HRS $2,800
- SIGNAGE $1,500
- EQUIPMENT RENTAL $1,200
- $5,500
VEHICLE RENTAL - MINI EXCAVATOR $250
- 1 TON DUMP TRUCK $584
- PICKUP $809
BI-WEEKLEY EXPENSE $1,643 $1,643
5300 TOTAL $7,143
TOTAL $21,346
18 | P a g e
Resources
Enhancing Beneficial Insects with Native Plants Web site: www.ipm.msu.edu/plants/home.htm
Finneran, Rebecca. Gardening for Pollinators: Choosing Smart Plants to Support Pollinators. 16
Oct. 2015,
http://msue.anr.msu.edu/news/gardening_for_pollinators_choosing_smart_plants_to_support_p
ollinators
Identifying Natural Enemies in Crops and Landscapes. Extension bulletin E-2949. East Lansing,
Mich.: Michigan State University. Shepherd, M., S.L. Buchmann, M. Vaughan and S.H. Black.
2003.
Michigan Pollinator Initiative, Michigan State University,
https://pollinators.msu.edu/resources/pollinator-planting/
Michigan Recommended Native Plant Species, Ladybird Johnson Wildflower Center, Univ. of
Texas/Austin, 2018, https://www.wildflower.org/plants-main
Packer, Laurence. Keeping the Bees: Why All Bees Are at Risk and What We Can Do to Save
Them. HarperCollins, 2010.
Pollinator Conservation Handbook. Portland, Ore.: The Xerces Society.
19 | P a g e
Affirmative Action
(231)724-6703
FAX (231)722-1214
Assessor/
Equalization Co.
(231)724-6386
FAX (231)724-1129
Cemetery/Forestry
(231)724-6783
FAX (231)724-4188
City Manager
(231)724-6724
FAX (231)722-1214 December 13th, 2022
Clerk
(231)724-6705
FAX (231)724-4178 Muskegon Conservation District
c/o Chelsey Lawton
Comm. & Neigh.
Services 4735 Holton Road
(231)724-6717 Twin Lake, Michigan 49457
FAX (231)726-2501
Computer Info.
Technology RE: Grant Authorization and Property Access
(231)724-4126
FAX (231)722-4301
Engineering Dear Chelsey:
(231)724-6707
FAX (231)727-6904 The City of Muskegon Commission has authorized the DPW Director to issue this authorization for the Muskegon
Finance Conservation District to apply for a grant through the Wildflower Association of Michigan on behalf of the City of
(231)724-6713 Muskegon (Property Owner) for a native habitat planting grant for the property surrounding the Silversides Museum,
FAX (231)726-2325 roughly shown in the enclosed documents.
Fire Department
(231)724-6795 Further should the grant be successful and the project advance to implementation the City Commission authorizes the
FAX (231)724-6985 Muskegon Conservation District to enter upon the property owned by the City of Muskegon to complete the native
Human Resources planting project.
Co. (Civil Service)
(231)724-6442 This project is in alignment with the goals identified in the City of Muskegon Urban Pollinator Habitat Plan and will
FAX (231)724-6840
provide an increased native perennial landscape to the area while also reducing maintenance costs. We wish you luck in
Income Tax the grant application process and look forward to seeing this project successfully completed in the future.
(231)724-6770
FAX (231)724-6768
Mayor’s Office
(231)724-6701 Sincerely,
FAX (231)722-1214
Planning/Zoning
(231)724-6702
FAX (231)724-6790 Leo Evans
Police Department DPW Director – City of Muskegon
(231)724-6750 Office: 231-724-6920
FAX (231)722-5140 Email: Leo.Evans@shorelinecity.com
Public Works
(231)724-4100
FAX (231)722-4188 CC: M. Schwemin, D. VanderHeide
SafeBuilt
(Inspections)
(231)724-6715
FAX (231)728-4371
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
Affirmative Action
(231)724-6703
FAX (231)722-1214
Assessor/
Equalization Co.
(231)724-6386
FAX (231)724-1129
Cemetery/Forestry
(231)724-6783
FAX (231)724-4188
City Manager
(231)724-6724
FAX (231)722-1214 December 13th, 2022
Clerk
(231)724-6705
FAX (231)724-4178 Muskegon Conservation District
c/o Chelsey Lawton
Comm. & Neigh.
Services 4735 Holton Rd
(231)724-6717 Twin Lake, MI 49457
FAX (231)726-2501
Computer Info.
Technology RE: Silversides Native Planting – Letter of Support
(231)724-4126
FAX (231)722-4301
Engineering Dear Chelsey,
(231)724-6707
FAX (231)727-6904 On behalf of the City of Muskegon we are pleased to submit this letter in support of the Muskegon Conservation Districts
Finance bid for funding from the Wildflower Association of Michigan. This funding will be very helpful in the implementation of
(231)724-6713
FAX (231)726-2325 the native wildflower area that is being installed at and surrounding the Silversides Museum in Muskegon Michigan.
Fire Department
(231)724-6795
FAX (231)724-6985 The City of Muskegon knows the benefits and importance of native perennial wildflowers on our ever-changing city
Human Resources landscape and hopes to increase educational opportunities and convince others of the importance of native landscaping
Co. (Civil Service)
(231)724-6442 through the installation of this project. This project will serve to fulfill all of the goals identified in our 2018 Urban
FAX (231)724-6840
Pollinator Habitat Plan and will provide a tremendous benefit to the City.
Income Tax
(231)724-6770
FAX (231)724-6768
We look forward to this projects implementation and hope that the Wildflower Association of Michigan will be a
Mayor’s Office
(231)724-6701
contributor to the project’s success.
FAX (231)722-1214
Planning/Zoning
(231)724-6702 Sincerely,
FAX (231)724-6790
Police Department
(231)724-6750
FAX (231)722-5140 Leo Evans
Public Works DPW Director – City of Muskegon
(231)724-4100 Office: 231-724-6920
FAX (231)722-4188 Email: Leo.Evans@shorelinecity.com
SafeBuilt
(Inspections)
(231)724-6715 CC: M. Schwemin, D. VanderHeide
FAX (231)728-4371
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
Muskegon Conservation District Cooperator Agreement
Name (Last, First): ___________________________ Township & Section: _____________________
Mailing Address: _________________________ City: ________________ State: ____ Zip: ______
Treatment Address: _________________________ City: ________________ State: ____ Zip: ______
Home Phone: (____)_____________ Work Phone: (_____)______________ Email: ______________
I would like the District’s assistance (member of the West Michigan CISMA) in planning, implementing,
and/or maintaining my property in accordance with proper conservation practices. I understand
that such help will be dependant on the services available by the District; and may have an
associated cost for specific services. This agreement will stay in effect until either I or the District
cancels it in writing, or until my ownership of the property ends. To facilitate implementation of
conservation practices the District may view and maintain a copy of my USDA-NRCS program
contracts. Signing this agreement acknowledges my ownership of the property to be treated and/or
give the authorization to do so.
By signing this agreement, I am giving permission to the Muskegon Conservation District to use
pesticides on my property. The District will provide notice of treatment no more than five days prior to
treatment. All individuals applying pesticide for the Muskegon Conservation District are licensed
through the Michigan Department of Agriculture and Rural Development and will follow all State and
Federal laws as they apply to this treatment.
I am interested in cooperating with the Muskegon Conservation District or West Michigan CISMA on the
following projects:
For specific projects please provide a brief description:
_______________________________________________ ________________
Cooperator Signature Date
The Muskegon Conservation District agrees to provide assistance for these projects.
_______________________________________________ ________________
Emily Grasch, Executive Director Date
4735 Holton Road ■ Twin Lake, MI 49457 ■ P 231.828.5097 ■ muskegoncd.org
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: MDNR SPARK Grant Resolution
Submitted By: Leo Evans Department: Public Works
Brief Summary: Staff is requesting approval of the attached resolution for inclusion with our
SPARK Grant Application due on December 19th, 2022.
Detailed Summary & Background:
Staff has been working to identify a potential target project for the newly established MDNR SPARK
Grant program and based on previous staff recommendation and commission action staff is working
towards submitting a packet related to reconstruction of the Muskegon SplashPad.
An RFP was issued and proposals received from interested firms on Tuesday, November 29th. Staff
is working to vet and shortlist the submitted proposals so they can be presented to the commission
and community for feedback in help determining the best proposal for the site.
Given that the design and selection is not yet finalized at the application deadline. Staff is pursuing a
grant in the amount of $250,000 and proposing that the remaining cost be provided by the city as a
local match. This creates a variable match amount ranging from $23,913.00 to $218,300 depending
on which design is selected to pursue.
Application packets are due on December 19th, 2022 with an expected quick turn around and
announcement of the First round recipients in January 2023. If the project is not successful in the first
round of funding it will be automatically enrolled for consideration in future rounds of funding.
If the project is selected for funding in the first round it is possible that construction could take place
as quickly as the Spring/Summer of 2023.
Goal/Focus Area/Action Item Addressed:
Destination Community & Quality of Life / Enhanced Parks and Recreation Department and
Services
Amount Requested: $23,913 – $218,300 Amount Budgeted: $0
Fund(s) or Account(s): TBD Fund(s) or Account(s): TBD
Recommended Motion: Approve the attached resolution and authorize the Clerk to sign.
Approvals: Legal Review Guest(s) Invited / Presenting
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
For City Clerk Use Only:
Commission Action:
RESOLUTION OF SUPPORT AND COMMITMENT OF MATCHING FUNDS
CITY OF MUSKEGON – 2023 SPARK GRANT APPLICATION for
MUSKEGON SPLASHPAD RECONSTRUCTION
WHEREAS, City of Muskegon supports the submission of an application titled, “Muskegon
Splashpad Reconstruction” to the Spark grant program for replacement of the City Splashpad
located at 250 West Western Avenue and,
WHEREAS, City of Muskegon is hereby making a financial commitment to the project in the
amount between $23,913.00 - $218,300.00 matching funds, in cash and/or force account; and,
NOW THEREFORE, BE IT RESOLVED that City of Muskegon hereby authorizes submission of
a Spark Application for $250,000, and further resolves to make available its financial obligation
amount between $23,913.00 - $218,300.00 (8.7% - 46.6%) of a total $273,913.00 - $468,300.00
project cost, during the 2022-2023 fiscal year.
AYES:
NAYES:
ABSENT:
MOTION APPROVED.
I HEREBY CERTIFY, that the foregoing is a Resolution duly made and passed by Thirteenth
Day of December at their regular meeting held on Tuesday, December 13th, 2022, at 5:30 p.m.
in the City of Muskegon Commission Chambers (933 Terrace Street, 49440), with a quorum
present.
____________________________ Dated: _________________
Ann Marie Meisch, City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: Non-Union Pay/Benefits
2023
Submitted By: LeighAnn Mikesell Department: City Manager
Brief Summary: Staff is seeking approval of the 2023 non-union employee wage and benefit
program as detailed below.
Detailed Summary & Background: CPI is 8.5% this year. A review and comparison of past
increases to union and non-union staff is noted below.
2021: union staff received from 1% - 3% increases with an average of 2.1%
non-union staff received 0% plus a $500 lump sum payment
2022: union staff received from 1% - 14.5% increases with an average of 4.6%
non-union staff received a 2% wage increase plus a 0.5% lump sum payment
2023: union staff will receive from 0% to 16% increases with an average of 5.6%
Between 2020 and 2023, union staff have received an average of 11.2% in wage increases while
non-union staff have received 2%.
We are seeking approval of the following:
8% wage increase
Goal/Focus Area/Action Item Addressed: Modernize the recruitment strategy
Amount Requested: $3,536,331.47 Amount Budgeted: $3,400,072.55
($136,258.92 increase)
Fund(s) or Account(s): varies Fund(s) or Account(s): varies
Recommended Motion: to approve the 8% wage increase for non-union staff effective January 1,
2023.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology
Yes
Other Division Heads Communication
No
Legal Review
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: Virtual Public
Participation Policy
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: To adopt a virtual public participation policy.
Detailed Summary & Background:
The Legislative Committee requested a policy be drafted allowing citizens the ability to call in to
make comment on any meeting played live on social media or television.
For any other meetings that fall under the Open Meetings Act, citizens must submit a request at
least two business days in advance. A zoom link will be provided to those individuals. They will
have the ability to give up to three minutes of public comment.
Goal/Focus Area/Action Item Addressed:
Amount Requested: NA Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To adopt the Virtual Public Participation Policy as presented.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
Virtual Public Participation Policy
This policy sets forth instructions to give citizens the ability to participate at city meetings virtually.
For live meetings on television and/or social media, a telephone number will be assigned to give the
ability for the public to call in and provide three minutes of comment.
For all other meetings subject to the Open Meetings Act, a citizen must send a request to the City Clerk’s
Office at least two business days in advance of the meeting. The City Clerk will provide a zoom link to
each individual who requests it. Those participating by zoom will be muted until the public comment
period. Information detailing how a request can be made will be placed on the City’s website, meeting
notice, and social media.
A staff member of the City Clerk’s Office will be at all meetings requiring virtual participation unless staff
indicates they do not need assistance.
Adopted this _____________________
________________________________
Ann Marie Meisch, MMC
City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13th, 2022 Title: Conservation Easement Agreement
at Remembrance Drive Site
Submitted By: Jake Eckholm Department: Development Services
Brief Summary:
Staff is requesting that Commission authorize a conservation easement agreement between the
City of Muskegon and James Street Capital, owner of the 500,000 square foot warehousing facility
that is operated by KL Outdoors.
Detailed Summary & Background:
During the planning and construction of the large warehousing building in 2017 and 2018, MDEQ
(now EGLE) cited a small piece of regulated wetland on the build-site. The developers at the time
requested that the city consider allowing a conservation easement on an adjacent, non-buildable
city-owned parcel. This was principally agreed upon by all parties as a logical solution, but never
completed. The attached agreement codifies the easement and completes the wetland mitigation
process for this development.
Attached in this item is the easement agreement signed by the current owners of KL Outdoor, a
letter from the city manager’s office allowing a mitigation study and easement due diligence on our
property, and an aerial photo illustrating the impacted wetland (which is now built on) in red and
the proposed easement area in blue.
Goal/Focus Area/Action Item Addressed: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Motion to approve the Conservation Easement Agreement as presented
and authorize the Mayor and Clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: 2023 FOP Contract
Submitted By: LeighAnn Mikesell Department: City Manager
Brief Summary: Staff is seeking approval of the proposed collective bargaining agreement with the
Fraternal Order of Police Labor Council.
Detailed Summary: City staff and Fraternal Order of Police Labor Council representatives have
agreed upon new contract items that would take effect January 1, 2023. A summary of the
tentative agreements and wage scale is attached, and the FOP has ratified the contract. The new
wage scale provides better distribution among classifications in patrol and command over time.
There is an impact to the budget with the revised wages. The formal agreement is being prepared
by counsel. The new agreement is beneficial to both parties. Staff is prepared to begin
implementing the provisions of the contract on January 1, 2023.
Amount Requested: $97,341.55 increase Amount Budgeted: $9,100,000
Fund(s) or Account(s): 40301 Fund(s) or Account(s): 40301
Recommended Motion: To approve the collective bargaining agreement with the Fraternal Order of
Police Labor Council as presented.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
SECTION 1 - GENERAL
In a mutually desirable effort to promote the best interests of both the City of Muskegon and
the City of Muskegon Police Department, this Agreement is entered into as of January 1, 202319, at
Muskegon, Michigan between the City and the Police Command Officers, represented by the
Fraternal Order of PoliceCommand Officers Association of Michigan. Hereafter, the City of
Muskegon will be referred to as the "Employer", and Fraternal Order of PoliceCommand Officers
Association of Michigan, will be referred to as the "Union". Hereafter, the police command officers
employed by the Police Department of the City of Muskegon will be referred to as the "employee" or
the "employees".
SECTION 2 - RECOGNITION
Pursuant to the provisions of Act No. 336 of the Michigan Public Acts of 1947, as amended:
.1 The Employer recognizes that the police command officers of the City of Muskegon
have the statutory right to bargain collectively with the City of Muskegon, and to be represented by
an organization in such collective bargaining.
.2 The Employer recognizes the Union as the sole and exclusive collective bargaining
agent for all of the police command officers, and will negotiate only with representatives thereof on
the matters of rates of pay, wages, hours, and other terms and conditions of employment.
.3 The rights of the Employer and employees of the Police Department shall be
respected, and the provisions of this Agreement shall be observed for the orderly settlement of all
questions.
SECTION 3 - EMPLOYMENT SECURITY
The Employer agrees not to discharge or discriminate in any way against any command
officer of the Police Department for membership or activities in the Union.
SECTION 4 - REPRESENTATION
All employees who are covered by this Agreement shall be represented for the purpose of
negotiation by a bargaining committee to be chosen by the employees. Employees covered by this
Agreement shall be represented for the purpose of grievance procedure by one (1) Chief Steward and
two (2) Shift Stewards or Alternate Stewards to be elected by the employees.
The Union shall advise the Employer in writing of the names of the persons on the bargaining
committee and the name of the Chief Steward, Shift Stewards and Alternate Stewards. The Chief
Steward, Shift Stewards and Alternate Stewards shall be recognized for those functions delegated
them under the terms of this Collective Bargaining Agreement. The members of the bargaining
1
committee will not be recognized beyond the area designated, or to the extent of authority delegated
to them, except in emergencies, until properly authorized by the Union.
.1 The members who are employees of the employer shall be paid by the Employer for
the time spent during their regularly scheduled working hours in the processing of grievances and in
the negotiations relating to the Employer at their regularly established straight-time rate.
.2 The maximum number of employees including bargaining committee members who
shall be paid by the Employer while conducting negotiations, and while processing a specified
grievance, shall be three (3).
.3 The Union representatives who are employees of the Employer shall be governed by
departmental rules regarding employees entering and leaving the Department. Members of the
bargaining committee may leave the Department on negotiations and grievances within the
bargaining unit when their arrangements are made in advance with the Chief Public Safety Director
or designee by the Chief Steward or Shift Stewards.
.4 Any representatives of the Union employed by the Employer, having an individual
grievance in connection with their work, may be permitted to have a Steward assist them in adjusting
their grievance in the manner provided for in the Grievance Procedure.
.5 Discharge and Discipline - Should any provision of the five (5) following subsections
be inconsistent with or contrary to any provisions of the grievance procedure, the grievance
procedure shall control.
.6 Before any disciplinary action exceeding five (5) days without pay, up to, and
including discharge is taken against an employee, the employee shall be given an opportunity to state
his or her position and offer any evidence immediately available to his or her superior officer who is
rendering such discipline. Notice of such discipline shall be given to the Union by the Employer
pursuant to this section, within forty-eight (48) hours of the indication of such discipline or discharge,
except as specifically stated hereinafter. The notice will be delivered to the Chief Steward, Shift
Steward, or Alternate Stewards.
.7 Except for verbal warnings, the charges resulting in disciplinary action exceeding five
(5) days without pay, up to, and including discharge shall be reduced to writing within forty-eight
(48) hours, excluding holidays and weekends, by the commanding officer recommending the action
or by the Chief of PolicePublic Safety Director, and copies shall be furnished, if the employee
wishes, to the Chief Steward or Stewards and to the employee against whom the charges are brought.
The employee shall sign a copy of the charge with the understanding that said signature by the
employee does not necessarily constitute acceptance of the disciplinary action.
.8 Such written charges shall cite the specific sections of departmental rules and
regulations and/or appropriate law or ordinance which the employee is alleged to have violated.
2
.9 Except during the first stage (i.e., in .6 above), an employee against whom charges
have been made, may be represented by a Steward, Union representative or attorney.
.10 In imposing any discipline on a current charge, the Employer shall not base its
decision upon any prior infractions of departmental rules or regulations or law or ordinance which
occurred more than thirty (30) months prior to the date of the current charge, unless such actions are
directly related to the current charge.
.11 Any three (3) employees elected or appointed by the Command Officers Association
of MichiganFOP as delegates to the State Command Officers Association delegates’ meeting may
take up to a maximum of three (3) working days with full pay during such absence, but not more than
a total of nine (9) days for all such representation during one calendar year. The choice is the
prerogative of the Union.
SECTION 5 - UNION SECURITY - AGENCY SHOP
Membership in the Union is not compulsory. Regular employees have the right to join, not
join, maintain or drop their membership in the Union as they see fit. Neither party shall exert any
pressure on or discriminate against an employee as regards such matters.
A. Membership in the Union is separate, apart and distinct from the assumption by one of
his equal obligation to the extent that he received equal benefits. The Union is required under this Commented [LM1]: Make all language gender neutral.
Agreement to represent all of the employees in the Bargaining Unit and not only for members in the
Union, and this Agreement has been executed by the Employer after it has satisfied itself that the
Union is the choice of a majority of the employees in the Bargaining Unit.
SECTION 6 - DEDUCTION OF DUES (CHECKOFF)
During the period of time covered by this Agreement, the City agrees to deduct from the pay
of any employee all dues and/or initiation fees of the Union provided, however, that the Union
presents to the City, authorizations, signed by such employees, allowing such deductions and
payments to the Local Union. This may be done through the Steward of the Union.
A. Amount of initiation fees and dues will be certified to the City by the Union.
B. Monthly agency fees, Union dues and initiation fees will be deducted by the City and
transmitted to the Union as prescribed above.
Save Harmless Clause:
The Union shall indemnify and hold harmless the Employer against action, or claim for an
unauthorized deduction, or for other forms of liability that shall arise out of, or by reason of, action
taken by the Employer for the purposes of complying with this provision and will hold harmless the
City, its agents or employees from any monetary award arising out of such litigation.
3
SECTION 7 - MANAGEMENT RIGHTS
.1 The Employer (City) retains all the rights, powers, functions, and authority which it
had prior to the signing of this Agreement, including those with respect to wages, hours, and working
conditions, except as those rights, powers, functions, or authority are expressly and specifically
abridged, modified, or limited by this Agreement, and then only to the extent so specifically and
expressly abridged, modified or limited.
.2 Except as otherwise provided in this Agreement:
Nothing in this Agreement shall be construed to limit in any way the Employer's sole
and exclusive right to manage its operation and the services it provides efficiently and economically,
including the right to determine the services to be performed, and the quantity and quality of those
services, the methods of performing the services; the determination of the size of the working force;
the hiring of new employees; the discipline or discharge of employees for just cause; the right to
maintain order and efficiency, to relieve employees from duty because of lack of work or for other
legitimate reasons; the right to establish, change or introduce new or improved methods, equipment,
or facilities; the right to establish, change or introduce standards of safety and safer operating
practices; the right to establish and alter all conditions and qualifications of employment (as related to
the hiring of new employees and subject to the rules and regulations of the Civil Service Commission
of the City of Muskegon).
.3 Transfer employees from one shift to another on a temporary basis, except to avoid the
payment of overtime; transfer employees to other positions within the department; require employees
to perform outside their assigned job classifications which such assignment is, in the management's
judgment, advisable regardless of the availability of work in their regular classifications, but not to
extend beyond sixty (60) calendar days; however, employees may be transferred from one shift to
another on a temporary basis when such temporary transfer is mutually acceptable to the employee
and management; require employees to give instruction or receive instruction in special training for
selected employees.
.4 Effective January 1, 1998, the Civil Service policy relating to driver's licenses records
and eligibility for promotion shall be effective.
.5 Any complaint or dispute concerning the exercise of any management rights function
in a manner contrary to any express provision of this Agreement shall constitute a grievance within
the meaning of this Agreement.
.6 The parties recognize that the City of Muskegon Civil Service Commission may, from
time to time, revise its Rules and Regulations. The Union reserves the right to file grievance as to the
reasonableness of the rule in its application. Such grievance need not be filed until the rule change
has been applied to a member of this unit.
4
.7 The Director of Public Safety retains the right to discontinue the 12-hour shift
schedule and return to the 8 hour shift schedule at any time. If patrol operations revert to an 8 hour
shift schedule, the parties will discontinue 12-hour shift schedule. The parties shall meet to discuss
the 12-hour shift schedule when the other party requests to do so.
SECTION 8 - GRIEVANCE PROCEDURE
.1 A grievance is defined as an alleged violation of a specific article and/or section of this
Agreement. If an alleged grievance arises, there shall be no stoppage or suspension of work, but such
alleged grievance shall be submitted to the following grievance procedures.
.2 Grievances will be filed ONLY as set forth in the following procedures.
.3 In no case shall any grievance be taken outside of the Muskegon Police Department
until this grievance procedure has been exhausted.
.4 PROCEDURE:
Step 1
Within twelve (12) calendar days following the alleged violation, any employee having a
grievance shall, with or without his grievance union steward, first contact the Chief of PolicePublic
Safety Director, when available.
Step 2
If such grievance cannot be resolved within three (3) working business days after
presentation, the matter shall be reduced to writing, signed by the employee and his Steward and
forwarded to the Chief of PolicePublic Safety Director.
Step 3
The Chief of PolicePublic Safety Director shall give a written answer to the grievance within
seven (7) working business days. If it is not satisfactory to the Union, the matter may then be taken
to the City Manager within twelve (12) business days following written answer from the Chief of
PolicePublic Safety Director.
Prior to submission of the grievance at the City Manager's level, the grievant shall elect
whether he desires to proceed under the Civil Service Rules and Regulations as adopted July 20,
1955, as amended, or to arbitration, under the terms and conditions of the grievance procedure. If the
Union desires a hearing with the City Manager, same may be requested, and the City Manager or
designee shall schedule such a hearing. The City Manager or designee shall render a written
disposition of the grievance within twelve (12) calendarbusiness days following said hearing.
5
Step 4
In the event a grievance is not resolved at Step 3, either the City or the Union may initiate
arbitration by submitting a notice in writing of such intent to the other party within ten (10) working
days following the day the written disposition was given at Step 3. In the event either party shall fail
to serve such written notice, the matter shall be considered settled on the basis of the last answer.
The moving party shall at that time submit a request to the Michigan Employment Relations
Commission for the appointment of an arbitrator which will be selected in accordance with Michigan
Employment Relations Commission procedures.
The arbitrator so appointed shall have the authority to resolve disputes between the parties
only over matters which are covered by this Agreement. The arbitrator shall have no power to add to
or subtract from or modify any of the terms of this Agreement or any supplementary agreement.
The expenses of the arbitrator shall be shared equally by the parties.
Any matter resolved by settlement or dismissal short of the issuance of a written disposition
by the City Manager shall have no precedent value whatsoever as to future grievances.
Extensions of time for any step in the grievance procedure may be agreed upon in writing by
the parties hereto.
SECTION 9 - BULLETIN BOARDS
.1 The Employer shall provide space for one bulletin board in a mutually acceptable
location to be used by the Union.
.2 With advance notice and consent of the Chief of PolicePublic Safety Director, a room
will be available for one employee unit meeting per month.
SECTION 10 - WORKING CONDITIONS
.1 If two members are agreeable, they shall be allowed to exchange shifts and days off,
with the approval of the ranking officers. Acting pay provisions are not applicable to hours worked
pursuant to an exchange of shifts or days.
.2 During the shift, each employee will be allowed a total of sixty (60) minutes of break
time. The normal time allowed for lunch break will be thirty (30) minutes, and the normal time
allowed for coffee break shall be fifteen (15) minutes each, spread out throughout the day.
Employees working a 12-hour shift will be allowed an additional fifteen (15) minute break for a total
of sixty (60) minutes of break time, not to be taken at one time – cannot be used at the beginning or
end of the shift to shorten the work day. Any employee held over following a scheduled full shift for
three (3) hours or more shall receive an additional break period of fifteen (15) minutes.
6
SECTION 11 - SAFETY AND HEALTH
.1 All legal obligations and duties imposed by law upon the Employer for the
preservation of life and property shall be complied with to the fullest extent.
.2 The employees will abide by all reasonable rules and regulations of the Employer for
the protection and the preservation of life and property.
.3 When, in the opinion of the Union, reasonable protection is not provided for the
prevention of injury or the preservation of health, this shall be considered a proper subject for the
grievance procedure.
SECTION 12 - NO DISCRIMINATION
The parties agree to apply the provisions of this Agreement to all employees without regard to
height, weight, race, color, marital status, sex, religious creed or national origin.
SECTION 13 - WORKING HOURS AND SCHEDULES
.1 The normal biweekly pay period shall consist of 84 hours. For lieutenants and
sergeants assigned to road patrol, the normal pay period will consist of seven (7) 12-hour shifts
(Command and Patrol to work same designated shift). For specialist and the Patrol Captain, the pay
period will consist of shifts varying from 8 to 12 hours configured to accomplish 84 hours per pay
period. Special Units regular shift will be centered around the 8 hours (5 days a week) premise,
schedule changes will be based on the operational needs of the department. The employer shall give
the employees affected fifteen (15) days’ notice of any change to shift hours, unless changes are
mutually agreed upon. Voluntary split shifts may occur within the Specialist Divisions provided they
occur within twenty-four (24) consecutive hours and only with the prior approval of the Director of
Public Safety or designate.
For road patrol, the normal start time of the shifts will be 5:30 a.m. for the day shift and 5:30
p.m. for the night shift. The Employer shall have the flexibility of having start times moved between
the hours of 5:00 a.m. to 8:00 a.m. for day shift and 5:00 p.m. to 8:00 p.m. for night shift. The
Employer may implement an “echo” shift with a start time between the hours of 11:00 a.m. and 3:00
p.m. If there is a change in the start hours, the Employer will give the employees affected 30 days’
notice.
.2 Employees will work under permanent shifts with the selection of shifts being made
on a strict seniority basis within rank and division (and/or bureau). Employees shall choose their
permanent shift to cover a period of one year with it being effective the first Sunday in January. This
choice will be made prior to the start of the shift selected. Shift selection will be made on a basis of
the most senior officer within rank and division (and/or bureau) having first choice, the next senior
officer having second choice, and so on. If an officer is reassigned from one division to another, then
rank seniority shall prevail for shift selection.
7
.3 The Chief Public Safety Director may assign a probationary employee to any shift for
training purposes, but no employee may be reassigned from a shift to provide an opening for such
probationary employee.
SECTION 14 - OVERTIME - COMPENSATORY TIME
.1 Overtime shall be paid at the rate of one and one-half times, any hours in excess of
their a scheduled shift, or hours above the eighty-four (84) hours per paid period, except when
working for another officer by agreement with that officer. The requirement to pay overtime for
work in excess of the scheduled shift is not applicable when the employee is using flex time pursuant
to section 14.4.
.2 The parties agree that employee training and development is mutually benefical. It is
further agreed that occasional flexibility in shift schedules and regular leave days is necessary to
attend training. Training that occurs during an employee’s work schedule, and lasts more than six 6
hours in length (including travel time), shall count as the employee’s work day. If training occurs
during an employee’s work shift, and is less than six (6) hours (including travel time), that employee
may have to work the other shift hours as required by the employer. If training occurs while the
employee is off, the City will pay overtime to the employee or grant a different day off, as agreeable
to the parties. The Employer shall compensate required supervised firearms training with three (3)
hours of compensatory time for each qualification session or two hours of overtime pay, with the
choice being made by the employee, if an officer is required to attend off-duty. This is what the
employee shall receive whether or not they are being trained under or over the three (3) hours. The
Employer shall not pay more compensation if the employee fails to qualify in first session and must
return to reshoot.
.3 Compensatory Time -
a. The parties agree that compensatory time has no accrual limit. No member of
the bargaining unit shall be allowed to accrue compensatory time hours in excess of one
hundred twenty (120) compensatory time hours per bargaining unit member per calendar year.
Comp-time not used by December 31st of each year shall be cashed out down to forty (40)
hours.
b. At the beginning of each quarter, employees may contribute any amount of
time in the comp bank to the deferred compensation plan or health care savings plan. The
amount to be deferred may not exceed that permitted by federal law.
.4 Non-mandatory Flex Time -
Non-road patrol command officers and the road patrol Captain may be allowed to use
flex time. The use of flex time requires the consent of both the affected employee and the Chief
Public Safety Director or designate.
.5 Field Training Compensation –
8
All members of the bargaining unit shall receive in the month of July an amount equal to
three percent one and one-half of one percent (1.5%) of a the one (1) year sergeant’s rate for
performing Field Training Supervision.
.6 Overtime for Special Events
An employee may choose to be compensated either by way of payment or
compensatory time when working overtime for special events.
SECTION 15 - SENIORITY
.1 There shall be two forms of seniority, date of hire into the Muskegon Police
Department and classification seniority (date of last entry into a classification) and seniority shall be
applied consistent with the terms of this Agreement. For the purposes of determining seniority when
there is a reduction in rank, regardless of cause, seniority shall include time spent in the new
classification and any higher classification.
.2 Seniority shall not be affected by the race, color, creed, age, sex, marital status or
dependents of the employee.
.3 The seniority list as of the date of this Agreement will show the names and job titles of
all employees in the bargaining unit and the classification seniority of each.
.4 The Employer will keep the seniority list up to date and will provide the Union with
up-to-date copies at least annually.
.5 An employee shall lose his seniority for the following reasons only:
a. He quits, retires, receives a pension, or withdraws his accrued benefits.
b. He is discharged and the discharge is not reversed through the procedures set
forth in this Agreement.
c. He is absent for three (3) consecutive working days without proper
authorization of the Chief of PolicePublic Safety Director. In proper cases, exceptions shall
be made upon the employee producing convincing proof of his inability to obtain such
authorization. After such absence, the Employer will send certified written notification to the
employee at his last known address that because of his unexcused absence he has voluntarily
quit and is no longer in the employ of the City.
d. If the employee does not notify the Employer within three (3) days after receipt
of certified written notification to return to work after layoff, as to the date when the
employee will return, which date must be within one (1) week after the delivery of such notice
to his last known address. In no event shall the return to work be in excess of ten (10) days
9
following receipt of the notification. Exceptions shall be made upon the employee producing
convincing proof of his inability to return as required.
e. If an employee is laid off during the term of this Agreement for a continuous
period equivalent to his departmental seniority. However, in no event will employees laid off
for a continuous period in excess of five (5) years retain their seniority.
SECTION 16 - LAYOFF AND RECALL
.1 Order of Layoff.
A. No permanent or probationary employee shall be laid off from his position in
this Bargaining Unit while any temporary or provisional employees are serving in the same position
class in the Department.
B. Except as provided below, the layoff of probationary or permanent employees
in the Bargaining Unit shall be in inverse order of seniority within each classification in which
lay-offs are to occur.
.2 Demotion in Lieu of Layoff. Except as provided below, an employee subject to layoff
who so requests, in accordance with Civil Service rules and regulations, shall, in lieu of layoff, be
demoted by seniority to a lower position in the Police Department.
.3 Notice of Layoff. Employees to be laid off shall be given at least fourteen (14)
calendar days prior notice.
.4 Recall.
A. Employees demoted in lieu of layoff shall have their names placed on
preferred eligible lists in order of seniority for each rank from which displaced within the Police
Department.
Employees laid off shall have their names placed on preferred eligible lists in
order of seniority for each rank from which displaced.
B. An employee who is laid off and exercises their bumping rights (into a lower
class) shall have recall rights to his/her original classification (prior to lay off) indefinitely.
C. An employee who is laid off from the Police Department shall have recall
rights for a period equal to their seniority but not to exceed a maximum of five (5) years.
SECTION 17 - CALL-IN TIME AND COURT TIME
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.1 Employees shall be paid a minimum of three two (2) hours at time-and-one-half for
reporting to duty in response to mandatory call-to-duty, or voluntary assignment between their
regularly scheduled duty shifts, excepting for court appearance as provided herein. Employees shall
have the option oif taking pay or compensatory time for call-in time. (See Appendix "B").
.2 Employees shall receive no compensation from the Employer other than their regular
salary for court appearances while they are on regular duty.
.3 Off-duty appearances in the Courts will be paid at time-and-one-half rates with a
minimum of three two (2) hours. Off-duty appearances for reporting to virtual court proceedings
will be paid at time-and-one-half rates with a minimum of two hours. Court appearances less than
three hours prior to to or subsequent to the officer’s regular tour of duty will be considered as an
extension of the officer’s regular tour of duty and the officer will be paid for actual overtime
extendning beyond the tour of duty. If an officer turns in properly documented subpoena denoting
witness fees and mileage, with such fees to be turned over to the City, the officer shall be paid for the
court appearance pursuant to the above provisions. In the event the court appearances is less than
three hours prior or subsequent to the officer’s regular tour of duty would be considered as an
extension of the officer’s regular tour of duty and the officer will be compensated for the actual
overtime extending beyond the tour of duty. Such subpoena is to be attached to a properly filled out Commented [LM2]: This says almost exactly the same thing as
the earlier sentence.
and authorized overtime request slip. Officers shall have the option of taking pay or compensatory
time for the court time. Hours that were spent in court may be used to adjust hours for the immediate
next shift that the officer is scheduled to work. The adjustment of hours shall be adjusted hour-for-
hour and the officer must notify the on-duty supervisor immediately of the officer’s intent to use
these hours at the beginning or end of the scheduled shift. The time, provided: (A) the officer
cannot include as court time the periods of time the courts break for meals. ; (B) overtime Overtime
ends when the officer concludes his testimony and is permitted to leave the court. ; (C) court
appearances less than two (2) hours prior to, or subsequent to, the officer's regular tour of duty would
be considered as an extension of the officer's regular tour of duty, and he will be paid for the actual
overtime extending beyond the tour of duty; (D) nNo overtime will be paid to an officer who is on
sick leave during the first five (5) days of a continuous sick leave (see Appendix "C"). ; (E) the
officer turns in a properly documented subpoena denoting witness fees and mileage, with any such
fees to be turned over to the City. Such subpoena is to be attached to a properly filled out and
authorized overtime-request slip; (F) This Section is to be governed in accordance with the
clarification of same attached hereto and identified as Appendix B to this Agreement.
.4 An employee who is required to appear in a Court or Administrative Tribunal during
his/her regularly scheduled vacation, and makes such appearance, shall be paid 1-1/2 times his/her
straight time hourly rate of pay, with the two hour minimum, as set forth in Appendix B, and shall be
credited with compensatory time equal to the actual time spent in court, but no less than two hours
minimum, so long as vacation is drawn prior to issuance of subpoena.
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SECTION 18 - VACATION
Vacation time shall be earned as follows:
Eighty four hours per year during the first six (6)years of continuous service.
One hundred thirty- two hours per year between seven (7) years and thirteen years of
continuous service.
One hundred sixty-eight hours per year during each year of continuous service thereafter.
.1 Any employee of the City, other than a probationary employee, who retires, resigns or
leaves the service of the Employer, shall be entitled to the pro-rated accumulated vacation time.
.2 No vacation shall be taken until an employee has been on the payroll for a period of at
least six (6) months.
.3 Vacation time shall be accrued as follows:
Years of Service Vacation Hours
1-6 years 84 hours
7-13 years 132 hours
14-19 years 180 hours
20+ years 216 hoursdays shall be converted to hours. Seven (7)
hours per month of employment but not to exceed eighty four (84) hours per year during the first six
(6) years of continuous service. Eleven (11) hours per month of employment but not to exceed one
hundred thirt- two (132) hours per year during the next seven (7) years. Fourteen (14) hours per
month of employment but not to exceed one hundred sixty-eight (168) hours per year during each
continuous year of service thereafter.
An hour of vacation shall be cancelled for each hour an employee would have worked during
his work week, and shall be paid for at the rate he would have earned for that particular hour.
Employees may draw down on their vacation bank by cashing in vacation time, 2nd pay in
June, 2nd pay in January of preceding year. The employee shall be paid the employee’s current
hourly rate per hour of vacation. There shall not be any rollover of vacation time from year to year
except for time needed for drawn week of vacation that starts in the current year and goes into the
New Year. All unused time as of December 31 shall be paid to the employee at the current hourly
rate of the employee for each hour of unused vacation, at the time of payout.
.4 Vacation leave shall not be cumulative, and shall be taken during the calendar year
following the one in which it is earned; unless conditions render it impossible, all employees shall
take their vacation.
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.5 Vacation leave shall be considered as a matter of right, and if cancelled because of
work necessity of the department, shall be rescheduled or paid for at straight time as extra
compensation for the period at the option of the employee. A vacation day for which extra
compensation is paid shall not be rescheduled.
.6 Each division head shall arrange and post on the bulletin board a vacation schedule for
that division in advance of the vacation season. Vacation selections shall be completed at the same
time as the shift draw. Each shift (squad) shall have its own vacation draw. A minimum of one
officer has the right to draw any open block of vacation on the officer’s squad. All vacations shall be
drawn by the highest rank first and then seniority. Vacation blocks shall run Monday through
Sunday. A block is considered a minimum of two days drawn during the block period. All vacations
shall be selected within each division by classification seniority. Insofar as possible, vacations shall
be scheduled for periods of at least one week. No officer shall select more than two weeks during the
months of June, July and August unless, after all officers have selected vacations, all available weeks
are not taken during this period. Officers shall not be forced otto work on days off immediately
preceedding or following a drawn block of vacation.
.7 In accumulating vacation leave, sick leave not exceeding one thousand fifty six (1056)
hours in any one year shall be counted as time worked. Absence because of duty-connected disability
shall be counted as time worked.
SECTION 19 - SICK LEAVE
Sick leave shall be accumulated at the rate of eight (8) hours per month of employment during
the preceding calendar year.
.1 Sick leave time shall be accumulated at the rate of .04615 hours for each qualified
hour of employment during the current calendar year. The accumulation shall not exceed 96 hours
during any one calendar year. “Qualified hours of employment” shall include regularly scheduled
work hours, vacation leave, sick leave, holdicayholiday leave, personal leave, and time off due to
work-related injury or illness subject to the limitations outlined below. Sick leave will accrue for
overtime hours only to the extent that the employee’s regularly scheduled hours are reduced by
extraordinary overtime demands. Sick leave will not accrue for unpaid absences.
.2 Sick leave may be accumulated up to a maximum of one thousand fifty six (1056)
hours . After an employee has accumulated one thousand fifty six (1056) hours of accrued, unused
sick leave, then all additional accruals shall be paid annually on January 31 at the rate of seventy-five
percent (75%) if paid to the employee or one hundred percent if deposited into the employee’s
section 457 account, health care savings plan, or MESP account, but after all applicable federal, state
or local taxes have been deducted. Employees with any accrued unused sick leave time may elect to
cash-in any accrued unused sick leave time and be paid annually at the rate of seventy five percent
(75%) if paid to the employee or one hundred percent if deposited into the employee’s section 457
account or MESP account, with such payment being made consistent with the City’s policy in March.
13
.3 A hour of sick leave shall be cancelled for each hour an employee would have worked
during the normal work week, and shall be paid for at the rate an employee would have earned on
that particular day, exclusive of overtime.
.4 Vacation time, sick leave, or absence because of duty-connected disability shall be
counted as days worked in calculating sick leave.
.5 An employee may request to anticipate sick leave during the first year of employment,
which, if granted, shall be deducted from his accumulation during that year.
.6 Sick leave will be taken only for the following reasons:
(a) Any illness an employee may contract preventing him from performing
normally and safely at work;
(b) Any illness from contagious disease not duty-related which could affect the
health of others;
(c) Any injury or illness, whether it requires hospitalization or not, to the
employee's spouse, child, or stepchild or an injury requiring hospitalization of a, mother,
father, mother-in-law or father-in-law, which requires the hospitalization of that individual.
At the discretion of the Director of Public Safety, sick leave may be taken for injury/illness to
other relatives of the employee. The employer may require verification of sick leave taken for
these purposes;
(d) Any serious illness as evidenced by a written physician's report, to the spouse,
child or stepchild of the employee which serious illness requires the employee's absence from
duty. At the discretion of the Director of Public Safety, sick leave may be taken for
injury/illness to other relatives of the employee. The employer may require verification of
sick leave taken for these purposes;
(e) Any non-duty disability an employee may sustain, except injury sustained
while in the employ of another, or an injury sustained during the commission of a felony or
high court misdemeanor by the officer.
(f) The employer may require verification of sick leave taken in excess of three
(3) consecutive days. This will not preclude the Employer from requesting verification of
illness of less than three (3) days if the employee has shown a pattern which would indicate
misuse of sick leave.
(g) Any employee who is off at the request of the Employer because of an
exposure to a contagious disease which is documented from Employer's records (for example,
hepatitis) shall be paid the regular salary for all lost time, without loss of sick time. This
provision shall include any time off the officer is required to take due to Federal, State, or
Local emergency orders or a medical directive to an individual officer due to a medically
14
mandated reason relating to exposure to a contagious disease. Employer reserves the right to
submit and receive worker’s compensation benefits to reimburse the Employer its associated
costs.
.7 An employee's absence from work due to duty-connected disability, for which he/she is
receiving compensation, shall not be deducted from his/her sick leave unless he/she shall elect to be paid
the difference between Workmen's Compensation benefits and his/her normal wage or salary, to be paid
out of the operating funds of the department involved, in which event said employee's earned sick leave
shall be used at the rate of one-third (1/3) sick leave day for each day of such service-connected disability,
until such sick leave accumulation has been exhausted, at which time such payments out of the operating
funds of the department involved shall cease, unless the City Commission shall authorize an extension of
leave. Checks for such service-connected disability will be issued only upon receipt of a statement signed
by the Employer's physician to the effect that the injured employee is unable to perform his/her regular
duties or such other temporary tasks available in the framework of the City functions.
If an employee is absent from work due to duty-connected disability, for a period of one hundred
eighty (180) calendar days from date of injury, said employee will continue to accrue sick leave. This
provision may be extended past one hundred eighty (180) days at the discretion of the Employer.
Any employee disabled and absent from duty as a result of a service-connected injury
incurred in the course of employment with the City of Muskegon, who has exhausted their
sick leave option, shall receive economic accruals as of that date, except as specifically stated
in the following subparagraphs:
A. Seniority shall continue to accrue.
B. Sick leave shall not be accrued, accumulated, or paid to an employee for any time
when the employee has not worked.
In no event shall any employee who has been disabled and absent from duty as a result of
service-connected injury incurred in the course of employment with the City of Muskegon
take vacation time off in any one year in excess of that provided for in Section 18-Vacations.
Any vacation days accumulated, but not used prior to the injury in excess of the maximum
under Section 18 shall be paid to the employee in the year the employee returns to duty.
.8 In the event of a confining illness, and provided the sick leave accumulation has been
exhausted, the City Manager may authorize an extension of leave to the extent of five (5) days for
each year of service, not to exceed an additional sixty (60) working days. Provided, however, that, in
the case of an employee who shall have been in the City service for more than fifteen (15) years, such
additional leave may be extended not to exceed six (6) months, instead of sixty (60) working days.
15
.9 No compensation for sick leave will be authorized if the employee fails to notify the
department at least one-half hour before his normal starting time. After notifying their department of
their need to take sick leave, employees will not be permitted to change the type of leave taken from
sick leave to vacation or personal leave.
.10 Upon termination of employment under honorable conditions, accrued sick leave will
be compensated at the rate of one hundred seventy five percent of the value of the accumulated sick
leave to whatever account the employee chooses (457 account, MESP, or cash) (75%) if paid to the
employee or one hundred percent if deposited into the employee’s section 457 account or MESP
account of the value of the accumulated sick leave, providing the employee has worked a minimum
of twelve (12) months with the Employer.
.11 If an employee is absent from work due to duty-connected disability, for a period of one
hundred eighty (180) calendar days from date of injury, said employee will continue to accrue sick leave.
This provision may be extended past one hundred eighty (180) days at the discretion of the Employer.
.12 Employees who are unable to use all of their earned vacation time in a given year may elect
to convert up to 120 hours of unused vacation leave to sick leave. Vacation days converted to sick leave
will be treated the same as regular sick leave including the option to cash-out accumulated sick leave. All
such requests for vacation conversion must be submitted in writing to the employee's department head and,
subsequently, the city manager no later than December 31.
.13 Employees may not be "out of pay status". Employees who exhaust accumulated sick
leave and are subsequently unable to report to work due to illness or disability will be subject to discipline
under civil service rules and regulations. An employee who has been granted an approved leave of
absence will be considered to be in "active pay status" for purposes of this policy.
.14 Employees may request to make voluntary contributions of accumulated sick leave to
another employee in need. Such requests will be considered on a case-by-case basis by the City Manager.
In the event where hourly rates of pay of the affected employees differ by 20% or more, the number of
hours added to the recipient's accumulated total will be adjusted to equalize the cost to the City.
.15 Employer shall provide four weeks of paid Family Medical Leave for the birth of the
Officer’s child or the adoption of a dependent. This leave shall be used first, shall be consecutive weeks,
and shall count towards the 12 week leave provided by the Family Medical Leave Act.
16
SECTION 20 - HOLIDAY PAY
.1 The Employer will recognize the following paid holidays:
New Year's Day Independence Day
Labor Day
Martin Luther King Jr.s Birthday Labor DayVeteran's Day
Easter Veteran’s DayThanksgiving Day
Memorial Day Thanksgiving Day
Christmas Day
Juneteenth Christmas Day Independence Day
.2 Effective January 1, 2019, each employee will receive forty-eight (48) hours floating
holidays per year. These floating holidays shall be permitted for personal leave purposes, excluding
illness, and not in conjunction with any paid holiday observed under this Agreement. The established
department procedure and policy for requesting leave shall be observed for scheduling the "floating"
holidays. Floating holidays must be taken within the calendar year in which earned and may not be
carried over to the next succeeding calendar year.
.3 In the event that a holiday falls on a normal day off, the employee shall receive the
option of either a comp day off or receiving pay. In the event that the holiday falls on what would
normally be an authorized sick time, such time shall not be taken from the employee's sick leave
bank, but will be construed as the employee having the holiday off. If the holiday is taken as pay, the
pay shall be included in the employee’s Final Average Compensation (FAC). Holidays will start
with the day shift and continue for the next twenty-four (24) hours.
Employees required to work on a holiday shall be paid two and one half (2) times their
regular hourly rate of pay for all hours worked on a holiday. In lieu of the additional holiday pay,
specialist personnel (non-uniformed) and Patrol Captain, shall have the days off with pay.
In the event that a holiday falls on a normal day off, the lieutenants and sergeants
assigned to road patrol shall receive twelve (12) hours of compensatory time or twelve (12) hours
pay; specialist personnel (non-uniformed), shall receive either (8) hours of compensatory time or
eight (8) hours pay.
In the event the holiday falls on what would be normally an authorized sick time, such
time shall not be taken from the employee’s sick leave bank.
.4 In lieu of the additional holiday pay, non-uniformed and specialist personnel shall
have the days off with pay.
SECTION 21 - BEREAVEMENT LEAVE
17
In the event there is a death in the immediate family of any employee, consisting only of parent,
grandparent, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-
law, sister-in-law, and grandchild, and the employee attends the funeral service, such employee shall
be granted up to a forty eight hours for a souse, child or step-child and twenty-four (24) hour for a
parent, grandparent, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, and grandchild. L leave of absence shall be with full pay. Where death
occurs to the employee’s spouse or child, the employee shall be granted up to a forty-two (42) hour
leave of absence with full pay. An employee shall be granted up to twelve (12) hours absence with
pay in the event of a death in the family of such employee other than hereinbefore set forth, provided
the employee attends the funeral service; employees assigned to a special service unit shall be granted
time off up to their scheduled work day. *This means that aAn employee working an 8.5 hour day
would be granted any amount up to 8.5 hours to attend the funeral.
SECTION 22 - UNIFORM ALLOWANCE
Effective January 1, 1993, the following uniform and equipment provisions apply:
.1 Uniforms and equipment shall be provided as listed on Appendix E.
.2 Dry cleaning shall be provided for uniformed officers as soon as possible. Rules and
procedures covering the specifications shall be provided by the ChiefPublic Safety Director. The
City shall designate where uniforms are to be dropped off and City shall pay such expense.
.3 The Employer shall provide a civilian clothing allowance for police personnel
assigned to plain clothes tasks in the amount of $650.00 annually paid bi-weekly and subject to Rules
and Regulations provided by the Chief of PolicePublic Safety Director.
.4 The Employer will provide an annual dry cleaning allowance of $325.00, which shall
be paid bi-weekly, for police personnel assigned to plain clothes tasks.
SECTION 23 - INSURANCE
.1 EMPLOYEE HEALTH INSURANCE, EMPLOYEES AND DEPENDENTS
.1.1 During the life of this Agreement, the employer will offer two health insurance plans
to choose from to every eligible officer. The plan the officer cshooses will also cover the officer’s
dependents. Each eligible officer will have an opportunity to change options at the annual enrollment
period, which is held during the month of May with a June 1 effectivre date.
The employer will offer a HMO, with benefits subject to change by the HMO. The employer
shall offer a self-funded major medical plan with a lifetime medical cap of $500,000.
.1.2 CONTRIBUTIONS Commented [LM3]: It would be great if we could include the
charts Julie gave us.
Officers shall contribute 10 percent of the health care premium to that officer.
18
.1.3 CHILDREN
Dependent children required to be covered by the officer’s health insurance carrier pursuant to
a court order shall be enroilled in the health plan per the date required by the court, as long as the
employee is eligible and has signed up for employee health insurance benefits. Dependents are
eligible for health insurance until the month in which the dependent turns age 26.
.1.4 EMPLOYEE PRESCRIPTION COVERAGE
During the life of this agreement, the prescription drug co-pay for officers covered by the self-
funded/master medical plan shall be $20 for generic drugs and $40 for brand name drugs. During the
life of this agreement, the prescription drug co-pay for officers covered the HMO shall be the amount
determined by the HMO. The drug rider shall be maintained for and on behalf of the officers within
this bargaining unit and their dependents.
.2 RETIREE EHALTHHEALTH INSURANCE
.2.1 COVERAGE
The employer shall offer a health plan for all retirees, spouses and dependents. Spouses and
dependents must be covered under the active employee healthinsurance plan at the time of retirement
to be eligible for retiree coverage. Retirees and spouses are eligible for retiree health insurance
coverage until they reach ager 65. Dependents are eligible coverage until the end of the month in
which they turn age 26.
.2.2 BENEFITS
Retirees, their eligibnle spouses, and eligible dependents shall have a deductible of $100 per
individual, not to exceed $300. Retirees, their eligibnle spouses, and eligible dependents shall have a
co-insurance of 80%/20%, to a maximum of $500 per individual not to exceed $1,000. Prescriptions
shall be covered by the master medical and not a separate prescription coverage aor card. For further
details see the Benefit Summary.
.2.3 DEFERRED RETIREMENT
Officers who leave employment with the employer after 10 yerars of employment but prior to
being eligible for full retirement shall be eligible for retiree health insurance upon becoming eligible
for retirement benefits, including the officer’s spouse and dependents so long as the spouse and
dependents are covered by the cmployer’s health insurance when the officer left employment. The
benefit provided shall be 50% of that provided for a retiree if the officer worked for the employer 10
yearsd to 14 years, 75% if the officer worked for theemployer for 15 to 19 years, and 100% if the
officer worked for the employer 20 or more years. Commented [LM4]: I’m not sure if this is correct. I don’t see it
in Julie’s notes.
.3 EMPLOYEE LIFE INSURANCE
19
During the life of this agreement, the employer will provide and pay for a term life insurance
policy with a face amount equal to the officer’s straight time annual salary, so long as the officer is
eligible for coverage and is employed by the city.
.4 EMPLOYEE DENTAL AND VISION INSURACNE
During the life of this agreement, the employer will provide and pay for a dental and vision
plan for all eligible officers and their dependents.
.5 EMPLOYER PROFESSIONAL LIABILITY INSURANCE
During the life of this agreement, the employer will provide and pay for police professional
liability insurance for and on behalf of each officer covered by this agreement. The limits of liability
shall be $250,000 for each officer and $500,000 for each incident.
.6 RETIREE HEALTH CARE BENEFITS
An officer, who is eligible to retiree healthcare benefits, that elects to take a deferred
retirement shall be eligible for healthcare benefits at age 50 provided the officer has a minimum of 20
years of service with the Muskegon Police Department. If an officer who is eleigible for retiree
healthcare benefits has served 25 yor more years with the Muskegon Police Department (not
including purchased service time), the officer shall be eleigible for healthcare benefits at the time the
officer elects to take a deferred retirement. Should an officer take a deferred retirement before
reaching 20 years of service, the officer shall collec their earned retirement benefit at age 55. Commented [LM5]: Should this paragraph replace 2.3 above?
.1 EMPLOYEE HEALTH INSURANCE.
.1.1 The Employer has in effect, covering each of the employees covered by this
Agreement and his/her dependents, a group hospital-medical insurance and major-medical plan
administered by a health care administrator. During the life of this Agreement, the same insurance,
or insurance comparable to that in effect as of January 1, 1989, will be maintained by the Employer
on behalf of each employee and his/her dependents, except as modified herein. Effective January 1,
2010, the major medical cap shall be eliminated.
.1.2 Effective January 1, 2010, the employee’s premium co-pay shall be $20 bi-weekly.
Effective January 1, 2013 the employee’s premium co-pay shall be ten percent (10%) of the total
health insurance premium.
.1.3 The Employer also has offered to each employee Health Maintenance Organization
Coverage. During the life of the agreement Health Maintenance Organization Coverage shall be
offered to each employee on an annual basis. The Health Maintenance Organization's benefits are
not within the control of the employer and, as such, subject to change by the Health Maintenance
Organization.
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1.4 Children required to be supported by the employee by a court order covering the
employee are included as dependents under the health care plan regardless of residence of the said
child.
.1.5 The City shall pay the Health Reimbursement Account (HRA) deductible of $1,000
per individual and $2,000 per double or family, contingent upon Employee and spouse (if any)
participating in the Wellness Program.
.1.6 The employer shall fund the HMO Plan’s 20% co-insurance until June 1, 2016. The
employer may terminate its funding of the HMO Plan’s 20% co-insurance after June 1, 2016, at
which time the employee shall be responsible for paying the the HMO Plan’s 20% co-insurance. If
the employer proposes to change or terminate the co-insurance after June 1, 2016, the employer shall
notify the Union in writing at least sixty (60) days prior to the change and the contract shall be
reopened to negotiate the alternative for how employees will fund HMO Plan’s 20% co-insurance.
.2 EMPLOYEE LIFE INSURANCE.
The Employer will, during the life of this Agreement, maintain term life insurance on the life
of each of the covered employees in a face amount equal to the annual salary of such employee.
.3 EMPLOYEE DENTAL INSURANCE.
The Employer will provide a dental insurance plan for each employee and during the term of
this Agreement. The same dental insurance, or dental insurance comparable to that in effect as of
1/1/86, will be maintained on behalf of each employee.
.4 EMPLOYEE PRESCRIPTION COVERAGE.
Effective January 1, 2004, the prescription drug co-pay for employees not covered by the
HMO shall be $20 for generic drugs and $40 for brand name drugs. If the brand name drug costs the
same or less than the generic drug, then the co-pay for the brand name drug shall be $20. The
prescription drug co-pay for employees covered by the HMO shall be the amount determined by the
HMO. This drug rider shall be maintained for and on behalf of the employees within this bargaining
unit and their dependents.
.5 EMPLOYEE PROFESSIONAL LIABILITY INSURANCE.
The parties have agreed that the Employer shall purchase police professional liability
insurance for and on behalf of each of the police officers covered by this Agreement. The limits of
liability for this policy are $250,000 for each person and $500,000 for each incident.
.6 RETIREE HEALTH INSURANCE.
.6.1 Persons who retired prior to January 1, 1975, will receive the benefits as adopted for
them by the City Commission of the City of Muskegon on February 11, 1975, effective February 27,
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1975, until they attain age 65, as the resolution of the City Commission may from time to time be
amended.
.6.2 Employees who retired after January 1, 1975 but prior to January 1, 1986, will receive
the benefits of Section 23.1, until they attain age 65. Subject to this section, the City shall provide for
employees who retire after January 1, 1975 but before January 1, 2004, and for their dependents until
the employee's age 65, hospital, medical and surgical benefits as agreed upon and the hospital benefit
shall include a per diem rate equal to the semi-private room rate from time to time in effect. Subject
to this Section, the City shall provide for employees who retired on or after January 1, 2004, and their
spouse, and the retiree’s dependents, if any, at the time of retirement until the employee’s age 65,
hospital, medical and surgical benefits as agreed upon and the hospital benefit shall include a per
diem rate equal to the semi-private room rate from time to time in effect.
.6.3 The group hospital and major medical health plan shall include dependents and retires
who retire before January 1, 1993 until Medicaid or Medicare eligibility, whichever occurs first and
subject to federal law, with a major medical cap of $100,000 per covered individual. The group
hospital and major medical health plan shall include dependents and retirees who retire after January
1, 1993 and before January 1, 2004 until Medicaid or Medicare eligibility, whichever occurs first and
subject to federal law, with a major medical cap of $150,000 per covered individual, subject to the
provisions of Section 23.6.4. The group hospital and medical plan shall include the spouses of
retirees, and the retiree’s dependents, if any, at the time of retirement and retirees who retire on or
after January 1, 2004 until Medicare or Medicaid eligibility, whichever occurs first, with a major
medical cap of $300,000 per covered individual, subject to the provisions of Section 23.6.4.
Effective January 1, 2010, the major medical cap shall be eliminated; however, to the extent that a
retiree has already reached the major medical cap, they are not eligible for additional coverage.
.6.4 For persons taking deferred retirement after 1/1/89, (not by disability or normal
retirement), the benefits provided by Section 23.6 for health care shall be limited by percentage as
follows: persons taking deferred retirement after 10 through 14 completed years of service shall be
entitled to receive fifty (50%) percent of any benefit; persons taking deferred retirement after 15
through 19 completed years of service shall received seventy-five (75%) percent of any benefit;
persons taking deferred retirement after 20 complete years of service shall receive one hundred
(100%) percent of any benefits.
.7 RETIREE PRESCRIPTION COVERAGE.
.7.1 This provision shall not be applicable to any retirees or their dependents that retire in
advance of 12/31/85. All persons who retire on or after January 1, 1986 shall have the option of
paying for the prescription drug plan for and on behalf of themselves and their dependents by paying
to the Employer, in advance, on a quarterly basis, a sum or sums equal to the premiums for said
prescription drug plan paid by the Employer. This option shall be open to retirees who retire after
January 1, 1986 only and shall be effective only upon prepayment of the premiums as provided
above.
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.7.2 Effective January 1, 1988, the City shall maintain a prescription drug plan with a
$2.00 drug rider, if available, (Physicians Health Plan presently has a co-pay requirement of $3.00)
for and on behalf of employees within this bargaining unit who retire after January 1, 1986 and their
spouses. This coverage shall terminate upon the death of the retiree and the retiree's spouse.
.7.3 Effective January 1, 1995, the prescription drug co-pay shall be $5 for generic drugs
and $10 for brand name drugs.
.7.4 For persons taking deferred retirement after 1/1/89, (not by disability or normal
retirement), the benefits provided by Section 23.7 for prescriptions shall be limited by percentage as
follows: persons taking deferred retirement after 10 through 14 completed years of service shall be
entitled to receive fifty (50%) percent of any benefit; persons taking deferred retirement after 15
through 19 completed years of service shall received seventy-five (75%) percent of any benefit;
persons taking deferred retirement after 20 complete years of service shall receive one hundred
(100%) percent of any benefits.
.7.5 Effective January 1, 2001, the Employer's obligation to pay for prescriptions is limited
to paying the cost of generic brands, except when not available, and excluding if the physician
requires "dispense as written" (DAW).
.7.6 For employees who retire after January 1, 2001 but before December 31, 2003, the
prescription drug co-pay shall be the same as employees not covered by the HMO at that time, but
not to exceed $30 per drug.
.7.7 Effective January 1, 2001, the Employer's obligation to pay for maintenance drugs or
prescriptions issued for a period exceeding 90 days shall be limited to prescriptions filled by use of
mail order prescription service.
.7.8 Effective January 1, 2001, to the extent that a federal prescription drug program is
adopted, the federal program shall cover the costs of prescriptions first and the City's provided
benefits shall be secondary, if possible.
.7.9 Effective January 1, 2004, the City shall maintain a prescription drug plan for and on
behalf of retirees who retired on or after January 1, 2004 and their spouses as identified to the
employer at the time of retirement, and the retiree’s dependents, if any, at the time of retirement.
This coverage shall terminate upon the death of the retiree and the retiree's spouse at the time of
retirement.
.7.10 Employees hired after June 1, 2008 will not receive retiree prescription coverage after
the age of sixty-five (65).
.7.11 For employees who retire after January 1, 2010, the City will not provide retiree
prescription drug coverage. Retirees who are eligible for major medical health care coverage shall
receive prescription drug coverage pursuant to that plan. The City shall pay $41.00 per month toward
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the Medicare Part D premium or the full amount of the monthly premium, whichever is less, for each
retiree who is eligible for Medicare Part D coverage.
SECTION 24 - MEDICAL LEAVES OF ABSENCE
Employees holding positions in the Classified Service shall be entitled to a leave of absence
for reasons of health sufficient in the opinion of the Commission to warrant such leave. Such leave
of absence may require three (3) years continuous service with the City, and may be granted for one
(1) year and renewed upon proper application.
SECTION 25 - MILITARY LEAVE
Members who are called to active duty with the Armed Forces of the United States shall have
the rights and duties as prescribed by the City of Muskegon Civil Service Rule IX, Section 2(2),
“Military Leave of Absence” rule as it may be amended from time to time.
SECTION 26 - SALARY AGREEMENT
Wages and salaries for employees covered by this Agreement shall be for the term of this
Agreement, and shall be in accordance with the Schedule set forth in Appendix A attached hereto and
incorporated herein by reference.
.1 There shall be neither pyramiding of the overtime provisions of this Agreement nor
pyramiding of overtime provisions with holiday pay.
.2 The pay increase provided within the Schedule shall be received upon
recommendation of the Chief of PolicePublic Safety Director.
.3 The straight time rate for the purpose of computing overtime and holiday pay and
other benefits shall be the annual salary divided by 2080 2184 hours.
.4 As set forth in Exhibit A, each of the members of the bargaining unit shall receive an
across the board increase of five percent (5%) effective January 1, 2019 and three percent (3%)
effective January 1, 2020, Jauary 1, 2021, and January 1, 2022. No further increases in wages shall
occur during the life of the contract.
.5 Effective January 1, 2004, all paychecks shall be distributed by direct deposit.
Members of this bargaining unit shall provide the City with account information and authorization to
commence direct deposit.
.56 For employees who are eligible to receive a retiree healthcare plan, the
employee shall make an annual contribution of 3% of the employee’s Medicare taxable wages as
reported on the employee’s W-2 to the employee’s HCSP. The employer will not make any
contribution to employees who receive a retiree healthcare plan. For an employee who is not eligible
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to receive a retire healthcare plan, the employee shall contraibute 6% and th4e employer shall
contribute a matching 6% into the employee’s HCSP.Effective the first full pay period following
signing of the 2010-2012 collective bargaining agreement, the City shall establish a Health Care
Savings Plan and the minimum employee contribution will be $5 bi-weekly. Effective January 1,
2019, all members shall make an annual contribution of 1% of of the employee’s Medicare taxable
wages as reported on the employee’s W-2 to the employee’s Health Care Savings Plan.
.6 A shift premium shall be paid to any officer regularly assigned the traditional
night shift. The shift premium will be one-and-one-half percent in 2023. The shift premium will be
two percent in 2024. The shift premium will be two-and-one-half percent in 2025. The shift premium
will be three percent in 2026. There will be no pyramiding of shift premium and shallnot be included
in overtime, court-time, etc.
SECTION 27 - WORKING OUT OF CLASSIFICATION
Effective January 1, 1992 any employee who works in a higher classification than his/her own
shall be paid the rate of the higher classification for all hours worked, provided the employee has first
accumulated forty (40) hours work in a higher classification during the offcier’s carrerthat year. The
first forty (40) hours accumulated in a higher classification shall be paid at the employee's regular
rate of pay.
SECTION 28 - LONGEVITY PAY PLAN - RULES AND REGULATIONS
All employees with five (5) years of service will be eligible for longevity pay.
.1 Semi-annual payments to be paid in June and December using the following formula:
2% of base pay after 5 years of service
4% of base pay after 10 years of service
6% of base pay after 15 years of service
8% of base pay after 20 years of service
10% of base pay after 25 years of service
Longevity payments shall be based on a maximum salary of $15,000.
.2 Any one whose employment with the Employer has been terminated will be
considered as a new employee should he return. Employees with leaves of absence shall not have the
leave of absence count for longevity pay purposes.
.3 Any employee who reaches 5, 10, 15, 20 or 25 years of service on or before June 30,
and is on the payroll as of June 1st, will be eligible for half (1/2) the longevity payment in June and
each successive semi-annual payment in December and June thereafter. Any employee who reaches
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5, 10, 15, 20 or 25 years of service on or before December 31, and is on the payroll as of December
1st, will receive half (1/2) of the longevity payment in December and each successive semi-annual
payment thereafter. Employees who are receiving workers' disability compensation payments shall
be considered as "on the payroll" for purposes of receiving longevity pay.
.4 During the calendar year in which an employee retires under one of the City's
retirement plans, he shall be entitled to receive, at the time of the semi-annual payment of longevity,
a pro-rated portion of his longevity pay based on days worked.
.5 All compensation for employees is subject to deduction for income tax and retirement
benefits.
SECTION 29 - NO STRIKE CLAUSE
During the life of this Agreement, the Union shall not cause or permit its members to cause,
nor shall any member of the Association take part in any sit-down, stay-in, slow-down, curtailment of
work, restriction of production, or interference of the operation and services of the Employer.
The Union shall not cause or permit its members to cause nor shall any member of the Union
take part in any strike or stoppage of any of the Employer's operations.
.1 The Union agrees it will take prompt affirmative action to prevent or stop
unauthorized strikes, work stoppages, slow-downs of work, picketing or work interference of any
kind by notifying the employees that it disavows these acts. The Union further agrees that the
Employer shall have the right to discipline (including discharge) any or all employees who violate
this Section, and such action shall not be subject to the Grievance Procedure of this Agreement. In
addition, the Employer shall have the right to terminate this Agreement by notice in writing to the
Union in addition to any remedies it may have for violation by law. In addition, the Employer shall
have the right to seek injunctive relief and damages against the Union.
.2 The committeemen and officers of the Union shall take prompt affirmative action to
try to prevent any wildcat strike, work stoppage, slow-down of work, picketing, or work interference
of any kind.
.3 The Employer, for its part, agrees that there shall be no lockout during the term of this
Agreement. This lockout provision shall not apply in the event of any strike taking place during the
life of this Agreement.
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SECTION 30 - WAIVER CLAUSE
The parties acknowledge that during the negotiation which resulted in this Agreement each
had the unlimited right and opportunity to make demands and proposals with respect to any subject
matter not removed by law from the area of collective bargaining, and that the understandings and
agreements arrived at by the parties after the exercise of this right and opportunity are set forth in this
Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily
and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain
collectively with respect to any subject or matter referred to or covered by this Agreement and with
respect to any subject or matter not specifically referred to or covered in this Agreement, even though
such subject or matter may not have been within the knowledge or contemplation of either or both of
the parties at the time that they negotiated or signed this Agreement.
SECTION 31 - MAINTENANCE OF STANDARDS
The parties acknowledge that there are standards and conditions of employment which are not
affected by, or recorded in, this Agreement. The City and the Union intend and agree to maintain
those standards and conditions during the duration of this Agreement.
SECTION 32 - VALIDITY
If any parts of this Agreement are found to be illegal, such illegality shall not in any way
affect any other parts of this Agreement.
SECTION 33 - SAVINGS CLAUSE
If any Article or Section of the Agreement or any addendum thereto should be held invalid by
operation of law or by any tribunal of competent jurisdiction, the remainder of the Agreement and
addenda shall not be affected thereby, and the parties shall enter into immediate collective bargaining
negotiations for the purpose of arriving at a mutually satisfactory replacement for such Article or
Section.
SECTION 34 - EDUCATION PAY
On and before December 31, 1999, Police Officers who have received academic degrees from
accredited institutions for curriculum completed in the field of police science shall be entitled to the
following pay: for the Associate Degree, $250.00 per twelve months; for the Bachelor Degree,
$500.00 per twelve months.
Effective January 1, 2000, Police Officers who have received academic degrees from
accredited institutions for curriculum completed in the field of police science shall be entitled to the
following pay: for the Associate Degree, $750500.00 per twelve months; for the Bachelor Degree,
$1,000750.00 per twelve months, and for Master’s Degree or Dcotorate Degree, $1,500.00. The
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amounts hsallshall not be pyramid, i.e., the officer is to receive payment for the highest degree
obtained.
Said annual pay shall be pro-rated for bi-weekly pay periods following official notice to the
Chief of Police that said degree has been conferred upon the police officer. Said payment will be
issued in one lump sum during the first two (2) weeks of December of each year.
The amount of the payment shall not be computed for overtime or fringe benefits purposes.
Other degrees will be considered for this pay if they contribute to the service of the Public.
Officers are eligible to participate in any city sponsored tuition reimbursememnt that is
available to other units and non-represented employees of the city.Effective January 1, 2000,
members of this unit shall no longer be eligible for City reimbursement for educational courses.
SECTION 35 – DEFINED BENEFIT RETIREMENT PLAN
.1 ELIGIBILITY. The Defined Benefit Retirement Plan is applicable only to unit
members hired on or before July 28, 2006.
.2 TRANSFER TO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM. Effective
July 1, 2006, the assets and liabilities of the City of Muskegon Police-Fire Retirement System
associated with City employees represented by Command Officers Association of MichiganFOP shall
be transferred to the Municipal Employees Retirement System (MERS). Employees shall no longer
have any rights from claims against or participation in the City of Muskegon Police-Fire Retirement
System.
.3 CONTRIBUTION RATE. Employees shall contribute six percent (6%) of
compensation as defined by MERS. Effective December 31, 2022, employees shall conribute three
percent (3%) of compensation as defined by MERS.
.4 RETIREMENT BENEFIT. An Employee who retires after July 1, 2006 shall be
entitled to a retirement benefit pursuant to MERS Benefit Program. For Employees who retire after
January 1, 2007, the pension multiplier shall be 3.0% of final average compensation (MERS FAC-3),
not to exceed 80% of employee’s final average compensation. Employees shall also be entitled to the
MERS RS50 spousal benefit.
Effective March 1, 2013, the final average compensation shall not include more than 240
hours of leave time and shall not include any overtime (as defined in Section 14) paid after March 1,
2013. After March 1, 2013, overtime earnings shall not be subject to the employee’s 6% MERS
contribution. Effective January 1, 2019, overtime shall be subject to the employee’s contribution and
included in final average compensation.
Between January 1, 2019 and December 31, 2022, each employee may elect to have any
leave time, being defined as unused sick and vacation time, to a maximum of 240 hours credited to
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either the employee’s “frozen final average compensation” or the emplopyee’s “termination final
average compensation”, but leave time may not be credited to both.
An employee who who was hired before July 28, 2006 and became a member of this Unit
between Janaury 1, 2019 and December 31, 2022 shall receive a retirmement retirement benefit as
determined by the Police Officer’s Labor CouncilFOP? contract with the City of Muskegon in effect
as of the date the employee became a member of this Unit.
An employee who retires on or after December 31, 2022 shall receive a bridged benefit as
follows:
a) A pension multiplier of 3.0% for service prior to December 31, 2022 times the employee’s
“frozen final average compensation”. “Frozen final average compensation” is defined as
the highest compensation in thirty six consecutive months between the date of hire and
December 31, 2022; plus
b) A pension multiplier of 2.67% for service on or after December 31, 2022 times the
employee’s “termination final average compensation”. “Termination final average
compensation” is defined as the highest compensation in thirty-six consecutive months
between the date of hire and date of separation.
The total pension benefit shall not exceed 80% of the “termination final average
compensation”.
.5 DEFERRED RETIREMENT. Effective July 1, 2006 a former Employee who is
vested (MERS V-10) and is entitled to a deferred retirement benefit shall receive those deferred
benefits afforded by MERS. A member who elects to receive a deferred retirement shall receive the
benefit that was in place at the time they left employment.
.6 DISABILITY BENEFITS. Effective July 1, 2006 an Employee eligible for disability
benefits, as determined by MERS, shall receive those disability benefits afforded by MERS (MERS
D-2).
.7 RETIREMENT ELIGIBILITY. Effective January 1, 2013, employees are eligible to
retire at age fifty (50) with twenty-five (25) years of service (MERS F50/25) or at age fifty-five (55)
with ten (10) years of service (MERS F55/10) but the pension shall not exceed 75% of employee’s
final average compensation. If challenged and a court of competent jurisdiction, administrative law
judge, or other tribunal determines that the 75% cap is invalid, the reduced age of service provision is
also void and, therefore, the parties agree to engage in collective bargaining over the issue.
.8 WITHDRAWAL OF EMPLOYEE CONTRIBUTIONS. To the extent allowed by
MERS, an Employee who retires on or after July 1, 2006 may elect to be paid a refund of the
accumulated contributions standing to the member’s credit at the effective date of retirement. Upon
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election of this refund provision, the retiree’s MERS pension payment options shall be reduced by an
amount that is actuarially equivalent to the refunded accumulated contributions.
.9 OUTSTANDING SICK LEAVE. Accumulated sick leave hours paid out at
retirement at seventy five percent (75%) if paid to the employee or one hundred percent if deposited
into the employee’s section 457 account or MESP account under Section 19.2 will be re-classified as
vacation time for purposes of computing the final average compensation reported to MERS. The
maximum number of reclassified sick leave hours included in the Employee’s FAC computation will
be 144 hours.
.10 PURCHASING ADDITIONAL SERVICE CREDIT. To the extent allowed by
MERS, members may purchase additional service credit at actuarial cost.
.11 POST-RETIREMENT BENEFIT ESCALATOR. The City Commission will decide
each year whether and to what extent a MERS Flexible E post retirement benefit shall be given.
SECTION 36 - DEFINED CONTRIBUTION RETIREMENT PLAN
.1 ELIGIBILITY. All members of this unit hired after July 28, 2006 shall have the same
Defined Contribution Retirement Plan they had as a patrol officer. All new members entering the
Command Unit from anywhere other than the Muskegon Police Department Patrol Unit are covered
by the Defined Contribution Plan. Effective January 1, 2013, all Patrol Unit members entering the
Command Unit shall keep their pension and retirement packages from the Patrol Unit.
2. EMPLOYEE CONTRIBUTION RATE. Mandatory employee contribution shall be
ninesix percent (6%) of the employee’s Medicare taxable wages as reported on the employee’s W-2.
3. EMPLOYER CONTRIBUTION RATE. Effective January 1, 2019, mandatory Commented [LM6]: Delete this paragraph?
employer contribution shall be twelve and one-half percent (12.5%) of the employee’s Medicare
taxable wages as reported on the employee’s W-2. Effective January 1, 2020, mandatory employer
contribution shall be thirteen percent (13%) of the employee’s Medicare taxable wages as reported on
the employee’s W-2. If the Employer agrees with the Police Officers Labor Council to provide an
employer contribution to the defined contribution retirement plan applicable to police patrol officers
between January 1, 2021 and December 31, 2022, the Employer agrees to provide the same benefit
and time limitations to this Unit, but not to extend beyond December 31, 2022.
SECTION 37 - DRUG TESTING POLICY
A labor-management committee shall be established to prepare a mutually acceptable drug
testing policy. Prior to a policy being implemented, the policy must be approved by the Union
bargaining committee and the Employer. This section is not intended to, nor does, affect the
Employer's right to discipline employees for drug activity under present contractual or policy
provisions.
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SECTION 38 - RESIDENCY
The Union acknowledges the City's desire to encourage residency but not require such for
employees of this bargaining unit. Effective January 1, 1999, all employees who were members of
this bargaining unit are free to maintain their residence at any location and are no longer bound by
collective bargaining agreements requiring residency.
Union acknowledges that City may adopt, amend, modify or eliminate any incentive plan to
encourage employees to live in the city. For purposes of any incentive, City reserves the right, in its
sole discretion, to determine whether an employee is a resident. Unit members are eligible for the
same residency incentive offered, if any, to non-repesented employees.
SECTION 39 - PHYSICAL FITNESS
A labor-management committee shall be established to prepare a mutually acceptable physical
fitness program, which shall be voluntary for all employees.
SECTION 40 - PUBLIC SAFETY
If the Employer creates a public safety officer job category, the labor contract shall be re-
opened. The re-opener shall be limited to the wages, hours, and terms and conditions of the job
position for public safety officer.
SECTION 41 – PROMOTIONS
.1 PROMOTION TO CAPTAIN. In the event of a vacancy to the Captain
classification, all members of the Lieutenant classification shall be eligible to apply for promotional
examination through the Civil Service process. The Civil Service Commission, after examining all
qualified applicants, shall present a list with the names of the three topall qualified applicants to the
Chief of Police. The Chief of Police shall select one of the three applicants to serve in the position of
Captain.
.2 PROMOTION TO LIEUTENANT. In the event of a vacancy to the Lieutenant
classification, all members of the Sergeant classification shall be eligible to apply for promotional
examination through the Civil Service process. The Civil Service Commission, after examining all
qualified applicants, shall present a list with the names of the three topall qualified applicants to the
Chief of Police. The Chief of Police shall select one of the three applicants to serve in the position of
Lieutenant.
.3 An officer who is demoted due to a reduction in command staff shall be entitled to the next
promotional position relative to their previously held rank. The officer shall be entitled to the
position for a period of two years after the demotion so long as the officer has remained in good
standing.
SECTION 42 - DURATION AND RENEWAL
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1. GENERAL PROVISIONS. This Agreement shall be binding upon the parties hereto,
their successors and assigns. The Agreement shall commence as of the first day of January, 202319,
unless otherwise stated herein, and terminate as of the 31st day of December, 202722. It shall be
automatically renewed from year to year thereafter, unless either party shall notify the other in
writing at least ninety (90) days prior to the expiration date that it desires to modify this Agreement.
In the event that such notice is given, negotiations shall begin not later than sixty (60) days prior to
the anniversary date.
2. 2. LOCAL GOVERNMENT AND SCHOOL DISTRICT FISCAL
ACCOUNTABILITY ACT. An emergency manager appointed under the Local Government and
School District Fiscal Accountability Act, MCL §141.1501 et. seq., shall be allowed to reject,
modify, or terminate this collective bargaining agreement as provided for in MCL § 141.1519(k).
SECTION 43 – MISCELLANOUS
Each non-resident Officer shall be providsed two Univeral Parking passes that can be used at
the beach, city owned park, city owned parking structures, or on-street parking where the city
requires a parking pass to park.
COMMAND OFFICERS ASSOCIATION
OF MICHIGAN THE CITY OF MUSKEGON
By By____________________________________
Ken JohnsonStephen J. Gawron, Its Mayor
Local President
By By____________________________________
Ann Marie Meisch, Its Clerk
Local Secretary
By__________________________
Business Representative
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APPENDIX - A
WAGE SCHEDULE FOR POLICE COMMAND OFFICERS
POSITION NAME STARTING SALARY ONE YEAR
TO BE INSERTED BY FINANCE DEPARTMENT
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APPENDIX - B
Clarification (Section 17.1):
Court Overtime Pay Commented [LM7]: Match language in contract.
Minimum of two (2) hours at one and one-half (1-1/2) time, except when within a two-hour period
preceding, or following, officer's regular tour of duty.
If such time is less than two (2) hours, time-and-one-half will be paid for actual time involved.
EXAMPLES:
Regular Duty tour 6:00 A.M. - 2:00 P.M.
Actual Court Time 3:00 P.M. - 3:30 P.M. Due 1-1/2 hours
(2:00 P.M.-3:30 P.M.)
Actual Court Time 2:00 P.M. - 3:00 P.M. Due 1 hour
(2:00 P.M.-3:00 P.M.)
Actual Court Time 3:30 P.M. - 4:00 P.M. Due 2 hours
(2:00 P.M.-4:00 P.M.)
Actual Court Time 4:30 P.M. - 5:00 P.M. Due 2 hour
(Minimum)
Regular Duty tour 2:00 P.M. - 10:00 P.M.
Actual Court Time 1:00 P.M. - 1:30 P.M. Due 1 hour
(1:00 P.M.-2:00 P.M.)
Based upon two points:
A. Under mandatory overtime, would only be eligible for actual amount as denoted.
B. No pyramiding of overtime and pay.
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APPENDIX - C
Clarification (Section 17.3):
RE: Work day relative to Section 17 - Call-in Time and Court Time - Paragraph .3, Sentence D.
For those employees whose shift covers more than one calendar day (regular 8-hour shift begins on
one calendar day and ends on the next calendar day), the determination of the date worked, or sick
leave benefit used, will be:
The date of the shift worked or sick leave used will be the date the 8-hour shift started on, such as
March 23 at 7:00 pm or at 10:00 pm (both shifts would end on March 24).
A. An employee who calls sick but does appear in court during that regularly scheduled 8-hour shift
will have the court appearance time credited as regular duty time and it will not be deducted
from the employee's sick leave bank.
Example: Regular Shift - 6:00 am to 2:00 pm
Court Appearance - 2 hours between the hours of 6:00 am and 2:00 pm.
Credited 2 hours duty time and six (6) hours charged against sick bank.
B. An employee who appears in court during the day upon which he has called sick but the court
appearance is for a time other than his regularly scheduled 8-hour tour of duty will receive
overtime pay without regard for his sick leave status.
Example: Regular Shift - 6:00 am to 2:00 pm
Court Appearance - 4:00 pm
Two (2) hours overtime pay with 8 hours charged against the employee's sick
leave bank.
Summary Statement
Overtime will be paid for all court time not encompassed in an officer's regular 8-hour tour of duty
without regard to whether the officer worked his regular shift or whether he was sick and did not
work his shift.
35
APPENDIX D
Inclusion of Unused Reimbursed Holiday Compensatory Time
In Determination of Compensation for Retirement Purposes
The term "holiday pay" found in Section 2n(ii) of the City of Muskegon Police-Fire
Retirement System Ordinance as applied to members of this bargaining unit shall include unused
holiday comp time earned during the measuring years for determining final average compensation,
provided all the following conditions are met:
1. The employee, at the time of requesting compensatory time off, shall designate whether
the time used, (if available), shall be for unused holiday comp time or regular comp time. Said
designation shall be in writing at the time of the request and shall be irrevocable.
2. The employer shall deduct the employee contribution to the pension fund at the percentage
in effect at the time of payment, when the employee is paid for unused holiday comp time.
3. The right of designation and counting of unused holiday comp time reimbursement shall
apply to holiday comp time earned after December 31, 1990 only. There is no contractual right to
such before December 31, 1990.
4. The inclusion of reimbursed unused holiday comp time in the calculation of holiday pay
under Section 2n(ii) of the Police-Fire Retirement System Ordinance shall apply to those employees
who retire after December 31, 1991 only.
5. These provisions shall not in any way change the maximum total amount of comp time
that can be carried over from one year to another.
36
APPENDIX E
POLICE UNIFORM & EQUIPMENT
The Police Department shall provide the following items:
1 Summer footwear and winter boot
4 pair total Trousers, uniform,
3 Shirts, uniform, short sleeve
3 Shirts, uniform, long sleeve
3 Mock turtle necks or ties
1 Hat, uniform, Pershing style
1 Hat, uniform, winter style
1 Jacket, uniform, nylon (winterweight)
1 Jacket, uniform, nylon (lightweight)
1 Raincoat, uniform
2 Nameplates
2 sets Collar insignia, command officers (Captains, Lieutenants, Sergeants)
1 Sam Brown belt, (Brass fittings-command officers; silver fittings-patrolmen)
1 Pant belt
1 Key Holder
4 Keeper straps
1 Handcuff and handcuff carrier
1 Ammunition holder, double pocket
1 Baton holder
1 Holster
1 (Mace or pepper) Gas Canister
1 (MACE) Gas Canister Holder
1 Baton
1 Mace Holder
37
202319 through 202722
AGREEMENT
between
THE CITY OF MUSKEGON, MICHIGAN
A Home Rule City
and
FRATERNAL ORDER OF POLICE COMMAND OFFICERS ASSOCIATION OF MICHIGAN
(Muskegon Police Department - Command Officers)
TABLE OF CONTENTS
SECTION 1 GENERAL 1
SECTION 2 RECOGNITION 1
SECTION 3 EMPLOYMENT SECURITY 1
SECTION 4 REPRESENTATION 1
SECTION 5 UNION SECURITY - AGENCY SHOP 3
SECTION 6 DEDUCTION OF DUES (CHECKOFF) 3
SECTION 7 MANAGEMENT RIGHTS 4
SECTION 8 GRIEVANCE PROCEDURE 5
SECTION 9 BULLETIN BOARDS 6
SECTION 10 WORKING CONDITIONS 6
SECTION 11 SAFETY AND HEALTH 7
SECTION 12 NO DISCRIMINATION 7
SECTION 13 WORKING HOURS AND SCHEDULES 7
SECTION 14 OVERTIME - COMPENSATORY TIME 8
SECTION 15 SENIORITY 9
SECTION 16 LAYOFF AND RECALL 10
SECTION 17 CALL-IN TIME AND COURT TIME 10
SECTION 18 VACATION 11
SECTION 19 SICK LEAVE 12
SECTION 20 HOLIDAY PAY 15
SECTION 21 BEREAVEMENT LEAVE 16
SECTION 22 UNIFORM ALLOWANCE 16
SECTION 23 INSURANCE 17
SECTION 24 MEDICAL LEAVES OF ABSENCE 21
SECTION 25 MILITARY LEAVE 21
SECTION 26 SALARY AGREEMENT 21
SECTION 27 WORKING OUT OF CLASSIFICATION 22
SECTION 28 LONGEVITY PAY PLAN - RULES AND REGULATIONS 22
SECTION 29 NO STRIKE CLAUSE 23
SECTION 30 WAIVER CLAUSE 23
SECTION 31 MAINTENANCE OF STANDARDS 23
SECTION 32 VALIDITY 24
SECTION 33 SAVINGS CLAUSE 24
SECTION 34 EDUCATION PAY 24
SECTION 35 DEFINED BENEFIT RETIREMENT PLAN 24
SECTION 36 DEFINED CONTRIBUTION RETIREMENT PLAN 26
SECTION 37 DRUG TESTING POLICY 27
SECTION 38 RESIDENCY 27
SECTION 39 PHYSICAL FITNESS 27
SECTION 40 PUBLIC SAFETY 27
SECTION 41 PROMOTIONS 28
SECTION 42 DURATION AND RENEWAL 28
SIGNATURES 28
APPENDIX A -- WAGE SCHEDULE 29
APPENDIX B -- COURT OVERTIME PAY 30
APPENDIX C -- WORK DAY RELATIVE TO Sec. 17 31
APPENDIX D -- INCLUSION OF HOLIDAY PAY 32
APPENDIX E -- POLICE UNIFORM AND EQUIPMENT 33
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: Housing Board of Appeals, Demolitions
Submitted By: Director Timothy Kozal Department: Public Safety
Brief Summary: This is to request that the City Commission concur with the findings of the Housing
Board of Appeals that the structures are unsafe, substandard, a public nuisance and that they be
demolished within 30 days. It is further requested that administration be directed to obtain bids for
the demolition of the structures and that the Mayor and City Clerk be authorized and directed to
execute a contract for demolition with the lowest responsible bidder or staff may issue infraction
tickets to the owner, agent or responsible party if they do not demolish the structure.
Detailed Summary: Housing Board of Appeals has deemed 808 Oak Ave to be in property
maintenance violation since 2016. Property has been a long-standing area of blight and public
nuisance/hazard. Property includes a house, multiple outbuildings, two garages, and two large
pole barns. House is gutted down to the studs, has multiple holes in the roof, and is
unsecured. Garages, outbuildings, and pole barns are severely dilapidated. Staff has not been
inside buildings, so the extend to the dilapidation is unknown. Owner has expressed desire to
sell property but has not provided any plan to bring the property or buildings into compliance.
No permits have been applied for. HBA declared house in September 2022. Owner has not
been to any HBA meetings.
Amount Requested: BIDS Amount Budgeted: not applicable (if needed)
Fund(s) or Account(s): 101-80387-5356 Fund(s) or Account(s):
Recommended Motion: To concur with the Housing Board of Appeals decision to demolish and
authorize administration to obtain bids for the demolition and that the Mayor and Clerk be
authorized and directed to execute a contract for demolition with the lowest responsible bidder.
Approvals: Get approval from division head at a minimum prior to sending to the Clerk.
Immediate Division Head Information Technology
Other Division Heads Communication
Legal Review
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 13, 2022 Title: Adelaide Pointe
Reimbursement Agreement
Submitted By: LeighAnn Mikesell Department: City Manager
Brief Summary: Staff is seeking approval of the development reimbursement agreement for
Adelaide Pointe.
Detailed Summary & Background:
The development reimbursement agreement is the next step in the process of finalizing the city’s
partnership with the developer through the Brownfield Redevelopment Authority. This agreement
provides the outline for how the partners will cooperate on funding the improvements to the site.
The city will sell bonds for agreed upon expenses and be reimbursed through tax capture. The
developer will also incur brownfield eligible expenses which will be repaid through tax capture.
Individual addenda will be prepared, throughout the term of the development project, to reflect
project phases. Each addendum will be presented to the BRA and the Commission for
consideration and approval.
Staff hosted a public forum on October 3, 2022 to gather public input and answer questions about
the development. The Brownfield Redevelopment Authority considered the agreement at their
December 13, 2022 meeting.
Goal/Focus Area/Action Item Addressed:
Focus Area: improved access to the waterfront, blight cleanup, progress toward completion of
ongoing economic development projects
Action Item 2022-2.6: Complete Adelaide Pointe public improvements
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: Approve the development reimbursement agreement for Adelaide Pointe.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
FIRST AMENDMENT TO DEVELOPMENT AND
REIMBURSEMENT AGREEMENT
ADELAIDE POINTE
This FIRST AMENDMENT TO DEVELOLPMENT AND REIMBURSEMENT AGREEMENT
(“Agreement”) is made __________, 2022 (“Effective Date”) between the City of Muskegon
Brownfield Redevelopment Authority (“Authority”), a Michigan public body corporate, with an
address of 933 Terrace Street, Muskegon, MI 49440 (“Authority”), City of Muskegon, a Michigan
Municipal Corporation (“City”), with an address of 933 Terrace St., Muskegon, MI 49440, and Adelaide
Pointe Qozb, LLC (“APQ”), with an address of 1204 W. Western Avenue, Muskegon, MI 49441.
Authority, City and APQ are at times referred to as a “Party” or together as “Parties”.
Background
APQ owns approximately 30 acres of waterfront brownfield property which is located at the west
end of West Western Avenue within the City of Muskegon.
The City owns certain property adjacent to, and to the east of, the APQ Property commonly known
as Hartshorn Marina which the City has previously used for public small boat slip rentals and related
activities. The APQ Property and the City Property may be collectively referred to as the “Property”.
APQ and the City have entered into a “Cooperative Use and Development Agreement” which
substantiates APQ’s and the City’s desire to a) utilize each other’s specified property for beneficial use b)
cooperate in the pursuit of funding for improvements to each other’s Property c) assist one another with
applications and approvals for improvements and d) make improvements as specified in the APQ PUD
approved by the City Commission on September 13, 2022.
APQ intends to develop the Property for mixed uses including boat storage, boat dockage, in-out
boat service, marinas, residential condominiums, commercial uses, and open space and recreational areas
(“Development”). The specific improvements to be included in the Development will be defined in the
Cooperative Use Agreement, addendums to this Agreement and the Planned Unit Development Agreement
(“PUD”) to be submitted to the City (“Development Agreements”).
Authority, City and APQ entered into a Development and Reimbursement Agreement effective
____, 202___, which was approved by the Authority on November 9, 2021 and by the City on November
23, 2021. Pursuant to that Agreement, APQ and City were to perform “eligible activities” and be
reimbursed, as defined and provided for in that Agreement.
The Parties agree as follows and that to the extent this Agreement and the
Development and Reimbursement Agreement vary, this Agreement shall control:
1. Background. The Parties agree the Background paragraphs are true and correct and are
incorporated into the body of this Agreement.
2. Improvements. APQ will develop both the APQ Property and the City Property as a
mixed-use development including boat storage, boat dockage, in-out boat service, marinas,
residential condominiums, commercial uses, and open space and recreational areas.
1
3. Indemnity and Insurance. APQ holds the City harmless and will indemnify the City for
any liability, including attorney fees, resulting from the engineering, design and
construction of the Project. City and APQ will name the other on their respective general
liability insurance policies.
4. Changes, Standards and Dedication. All improvements must be made according to the
plans and specifications of the APQ PUD approved by the City. All construction of Public
Improvements must be completed to the standards established by the City of Muskegon
(“City Standard”). The City will accept a dedication of all or any portion of the Public
Improvements only if built to City Standards.
5. Addendum Presentation. APQ shall, from time to time, present addendums to the City
that detail discrete development projects that improve the Property according to the PUD.
To the extent the addendums addresses “eligible expenses” and expenses to be reimbursed
by the Authority, the addendums shall also be provided to the Authority for purposes of
Amending the Development and Reimbursement Agreement and the Brownfield Plan.
These addendum shall detail Authority, City and APQ obligations to one another and shall
include but not be limited to:
a. Architectural and/or Engineering drawings
b. Construction schedules
c. Construction budgets
d. Itemization of relevant Brownfield Reimbursements that will be paid to APQ by City
e. Proof of financing
6. Addendum Approvals. Upon receiving necessary Authority and City approvals of each
Addendum all parties shall be obligated to perform under the obligations detailed in the
addendum. Approvals by Authority and City shall not be unreasonably withheld if they
are compliant with improvements approved in APQ’s PUD.
7. Funding for Brownfield Reimbursements.
a. Bonds for roads, water mains and sewer mains. The City or Authority, in the City’s
and Authority’s sole discretion as to which is the borrower, upon approval of an
Addendum shall sell municipal bonds in an amount equal to the total amount necessary
to pay for roads, water mains, and sewer mains on the Property required by the
addendum, supported by engineering and construction bids itemized in the
addendum(s) to this Agreement. City or Authority shall be entitled to retain an
engineer of its choosing to review all drawings and inspect all amenities that are
expected to be eventually turned over to the City in order to insure that the amenities
are constructed to city standards, to develop as-built drawings, and otherwise represent
the City and Authority on the construction of the public amenities. The cost of the
City’s or Authority’s retained engineer shall be paid for from the bond. At no point
may the Authority’s and City’s total borrowing, whether still outstanding or not,
exceed an aggregate amount of $10,500,000, including the cost of Civil Engineering
expenses paid by APQ up until the date of this agreement and the City’s or Authority’s
engineer. The bond proceeds shall be available to reimburse APQ the costs related to
the costs for roads, water mains and sewer mains approved in the itemization of
Brownfield Reimbursements detailed in each addendum. APQ may apply to the
Authority for draw of such bond proceeds. If the draw request includes the proper
documentation, the Authority will pay the draw within 15 days of receipt of the request,
subject to and in accordance with the following requirements and conditions.
2
i. All draw requests shall be in writing together with all supporting
documentation, including receipts, and not be made more frequent than 30 day
intervals.
ii. Each draw request shall include the most recent Sworn Statement and
corresponding lien waiver from every contractor, sub-contractor, and
supplier who will be paid from that draw.
b. Brownfield Tax Increment Financing. APQ has submitted to the Authority an
amendment to the current brownfield plan. Pursuant to the Brownfield Redevelopment
Financing Act, Act 381 of the Public Acts of Michigan of 1996 as amended (“Act
381”) the Authority adopted the brownfield plan amendment on October 12, 2021 (the
“Brownfield Plan Amendment”) to add the APQ Property.
i. The Property is included in the Brownfield Plan Amendment as an “eligible
property” because it is a “facility” as defined by Part 201 of the Natural
Resources and Environmental Protection Act (“Part 201”).
ii. Neither the City nor APQ is a liable party, under Part 201, for remediation of
any existing contamination on the Property.
iii. APQ has and will continue to conduct Eligible Activities (as defined in Act
381) on the Property to address environmental and other brownfield
conditions, in addition to the construction of roads, water mains and sewer
mains, in a collaborative effort to position the Property for redevelopment.
Actual expenditures by the Parties to undertake eligible environmental
activities on the Property are estimated to be $35 million dollars not including
interest. Eligible demolition and site preparation costs incurred by these same
parties is estimated to exceed $13 million dollars. These efforts are aimed at
facilitating the redevelopment of the Property as a transformational mixed-use
project, including residential and various commercial uses (the “Project”).
iv. The Project will include demolition activities, performance of baseline
environmental assessment activities, due care and other environmental
response activities, site preparation activities, demolition activities,
construction of infrastructure improvements, Brownfield Plan Amendment
and work plan preparation, contingency, interest and other Eligible Activities,
all as described in the Brownfield Plan Amendment and eligible for
reimbursement under Act 381.
v. The cost of Eligible Activities may be incurred by the City and APQ, The total
cost of the Eligible Activities in the Brownfield Plan Amendment, including
contingencies, is estimated to be $35 million dollars (the “Total Eligible
Brownfield TIF Costs”). To accommodate the lapse in time from when costs
of Eligible Activities are incurred to when tax increment revenues become
available for reimbursement of those costs, interest at the rate of 5% per annum
is also included in the Brownfield Plan Amendment in the estimated total
amount of $28 million dollars (collectively, the interest plus the costs of
Eligible Activities are referred to as the “Total Eligible Brownfield TIF
Costs”).
3
vi. The Eligible Activities will facilitate redevelopment of the Property which will
improve the environmental and aesthetic condition of the Property, increase
employment within the City, increase tax base within the City, and otherwise
enhance the economic vitality, environmental health and quality of life in the
City.
vii. Act 381 permits the Authority to capture and use the school tax (where
applicable), if permitted by the state, and local property tax revenues (both real
and personal property) generated from the incremental increase in property
value of a redeveloped brownfield site constituting an “eligible property”
under Act 381 to pay or to reimburse the cost of Eligible Activities conducted
on the “eligible property” (the “Brownfield TIF Revenue”).
viii. In accordance with Act 381, the parties desire to establish a procedure for using
the available Brownfield TIF Revenue generated from the Property to
reimburse the City and APQ for completion of Eligible Activities on the
Property in amounts not to exceed the Total Eligible Brownfield TIF Costs.
ix. During the Term (defined below) of this Agreement, the Authority shall
reimburse the City first for the total cost of the bonds (principal, interest and
transaction costs) incurred and to be incurred for roads, water mains and sewer
mains and after the City has been paid the amount the City has committed to
pay APQ for the roads, water mains and sewer mains, then to APQ for the cost
of Eligible Activities conducted on the Property from the Brownfield TIF
Revenue collected from the Property in accordance with the Brownfield Plan
Amendment, unless modified by later addendums or amendments. The amount
reimbursed to the APQ for the Eligible Activities shall not exceed the lesser of
(a) the cost of Eligible Activities incurred by the Property Owner plus interest,
or (b) the Total Eligible Brownfield TIF Costs plus interest. The Authority
shall capture Brownfield TIF Revenue from the Property and reimburse the
City for the cost of the bonds (principal, interest and transaction costs) for
roads, water mains and sewer mains and APQ for the cost of Eligible Activities
incurred by the Parties until the earlier of the Parties being fully reimbursed or
December 31, 2056 (“Term”). If the Term ends before the full reimbursement
of all Total Eligible Brownfield TIF Costs, the last reimbursement payment by
the Authority shall be the summer and winter tax increment collected during
the final year of this Agreement.
x. Reimbursement payments shall be made on a semi-annual basis as incremental
local and school taxes are captured and available.
xi. During the term of this Agreement, the Authority shall capture all approved
and authorized Brownfield TIF Revenue from the Property and use those
revenues as provided in this Agreement.
xii. Intentionally left blank.
xiii. Reimbursement Process.
4
1. APQ shall periodically submit to the Authority a “Request for Cost
Reimbursement” of Eligible Activities paid for by APQ during the
term of this Agreement. All costs for the Eligible Activities must be
consistent with the approved Brownfield Plan Amendment. APQ must
include documentation sufficient for the Authority to determine
whether the costs incurred were for Eligible Activities, including
detailed construction draws or invoices and proof of payment or lien
waivers. Copies of all invoices for Eligible Activities must note what
Eligible Activities they support.
2. Within forty-five (45) days after a Request for Cost Reimbursement
has been reviewed and approved by the City’s or Authority’s engineer
as required in Section 7.a and reviewed and approved by the Authority
or designate as to whether it is an “eligible expense”, and after the
Authority or City has been fully paid for roads, water mains and sewer
mains, the Authority shall pay to APQ the amounts for which
submissions have been made pursuant to this Agreement, less a 10%
retainage until all of the water mains, sewer mains and road
construction is completed and accepted by the City. The Authority’s
obligation to pay APQ is limited to available Brownfield TIF Revenue
from the Property.
3. All requests for Cost reimbursement submitted by APQ for each
approved Addendum between City, APQ, and the City of Muskegon
Brownfield Redevelopment Authority and all requests for cost
reimbursement submitted by future owners of all or a portion of the
APQ Property pursuant to a separate Development and
Reimbursement Agreement(s), shall be reimbursed in the order in
which they are received by the City of Muskegon Brownfield
Redevelopment Authority from the portion of the Brownfield TIF
revenue, excluding the portion to be paid to City which shall be paid
first, as described above.
4. The Parties shall cooperate with the Authority’s review by providing
information and documentation to supplement the Request for Cost
Reimbursement which may be reasonably requested by the Authority
during its review period.
5. All or any portion of any Request for Cost Reimbursement that is not
paid within 45 days after receipt by the Authority shall accrue simple
interest at the rate of five percent (5%) per annum from the date the
Request for Cost Reimbursement is submitted to the Authority for
payment until the earlier of the date of full reimbursement, including
interest. The payment of interest shall be subject to the following
limitations (i) to the extent there is not sufficient Brownfield TIF
Revenue captured and collected in a fiscal year and permitted to be
used to pay interest accruing in such fiscal year, any unpaid interest
shall not be paid, but shall carry over to the next fiscal year, (ii) interest
carried over to subsequent fiscal years shall not accrue interest (i.e.,
5
no interest on interest), and (iii) interest on School Taxes captured
shall only be payable to the extent permitted by the Michigan Strategic
Fund (“MSF”) and/or the Michigan Department of Environment,
Great Lakes and Energy (“MEGLE”).
6. The Authority shall have no obligation to reimburse the City or any
other entity for Eligible Costs or interest from Brownfield TIF
Revenue captured after 35 years after the date of the adoption of the
Development and Reimbursement Agreement.
xiv. Allocation of Base Value and Priority of Reimbursements.
1. The initial taxable value of the Property as of the date of this
Agreement is $903,810, as set forth in the Brownfield Plan
Amendment (“Base Value”). If the Property is divided into two or
more separate taxable parcels in connection with the development of
the Project, the Base Value shall be allocated to each resulting parcel
based upon the relative number of square feet of each parcel. The Base
Value allocated to a separate undeveloped parcel in this manner shall
be the base value of that parcel for purposes of calculating Brownfield
TIF Revenue, regardless of when any Development and
Reimbursement Agreement is entered into in connection with the
redevelopment of that parcel. Brownfield TIF Revenue generated
from any separate parcel divided from the Property after the date of
this Agreement shall be available for reimbursement of the
Authority’s Administrative Fee and payment of all requests for cost
reimbursement submitted by owners of all or any portion of the
Property.
2. Notwithstanding any provision in this Agreement to the contrary, the
Authority’s annual TIF Management Administrative Fee, as described
in the Brownfield Plan Amendment, shall be paid to the Authority
each year to the extent that Brownfield TIF Revenue has been captured
and collected during that year, prior to the payment of any Request for
Cost Reimbursement.
xv. Adjustments.
1. Until the cost of eligible activities is fully reimbursed, APQ agrees to
waive any appeal of any tax assessment or reassessment of any portion
of the Property; provided, however, that this waiver shall not be
binding on any person or entity who acquires title to all or any portion
of the Property after the date of this Agreement.
2. If, due to an appeal of any tax assessment or reassessment of any
portion of the Property, or for any other reason the Authority is
required to reimburse any Brownfield TIF Revenue previously paid to
the City, APQ or any future owner to any tax levying unit of
government, the Authority may deduct the amount of any such
6
reimbursement, including interest and penalties, from any amounts
due and owing the City and APQ. If all amounts due the City and APQ
under this Agreement have been fully paid or the Authority is no
longer obligated to make any further payments to the City or APQ, the
Authority shall invoice the City and APQ for the amount of such
reimbursement and the City and APQ shall pay the Authority such
invoiced amount within 45 days of receipt of the invoice. Amounts
invoiced and paid to the Authority by the City or APQ pursuant to this
Section shall be reinstated as Eligible Activities for which the City and
APQ shall have the opportunity to be reimbursed in accordance with
the terms, conditions and limitations of this Agreement.
xvi. Legislative Authorization.
This Agreement is governed by and subject to the restrictions set forth in Act
381. If there is legislation enacted in the future that alters or affects the amount
of Brownfield TIF Revenue subject to capture, eligible property, or Eligible
Activities, then the Property Owner’s rights and the Authority’s obligations
under this Agreement shall be modified accordingly as required by law, or by
agreement of the parties.
8. Notices. All notices, approvals, consents and other communications required under this
Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii)
when sent by fax or email: (iii) when sent by a nationally-recognized receipted overnight
delivery service with delivery fees prepaid; or (iv) when sent by united states first-class,
registered, or certified mail, postage prepaid. The notice shall be effective immediately
upon personal delivery or upon transmission of the fax or email; one day after depositing
with a nationally recognized overnight delivery service; and five days after sending by first
class, registered, or certified mail. Notices shall be sent to the parties as follows:
To: City of Muskegon To: APQ
933 Terrace Street 1204 W. Western Ave.
Muskegon, MI 49440 Muskegon, MI 49440
Attn: City Manager Attn: Ryan Leestma
w/copy to: w/copy to:
Parmenter Law Jaffe, Raitt Heuer & Weiss, P.C.
601 Terrace Street 27777 Franklin Rd. Suite 2500
Muskegon, Michigan 49440 Southfield, Michigan 48034
Attn: City Attorney Attn: Kenneth J. Clarkson
9. Recording. This Agreement shall not be recorded; however, upon the request of either
party hereto, the other party shall join in the execution of a memorandum or "short form"
of this Agreement for the purposes of recordation.
10. Force Majeure. Notwithstanding anything herein to the contrary, if due to a Force
Majeure Event (defined below), APQ and/or City is prevented from timely performing
under this Agreement or any third‐party providing services or required information in
connection with this Agreement (e.g.: lender, appraiser, title company, surveyor,
7
environmental consultants, governmental jurisdictions, etc.) closes its offices, suspends
operations or otherwise prevents APQ and/or the City from timely performing under the
Agreement as originally contemplated, then the applicable outstanding dates, deadlines or
time periods herein, shall each be extended for the duration of the Force Majeure Event
and shall resume on such date that APQ and the City, as applicable, are once again able to
perform their obligations under this Agreement. To invoke the tolling of time periods as
set forth herein for a Force Majeure Event, the applicable party must send written notice to
the other party specifying the reason for invocation and the date on which the tolling of
time begins and a subsequent notice shall be delivered to confirm the date the Force
Majeure Event ended. The term "Force Majeure Event" as used herein shall mean the
following: Act of God; strike, lockout, or other labor or industrial disturbance; war;
blockade; public riot; fire; storm; flood; explosion; or other delay caused by unforeseeable
circumstances beyond the reasonable control of APQ or the City as applicable, including
widespread sickness (including sickness causing quarantine and other "stay at home" or
"shelter in place" orders, and including, but not limited to, the Coronavirus Disease 2019.
11. Severability. If any term, provision or condition contained in this Agreement shall, to any
extent, be invalid or unenforceable, the remainder of this Agreement (or the application of
such term, provision or condition to persons or circumstances other than those in respect
of which it is invalid or unenforceable) shall not be affected thereby, and each term,
provision or condition of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
12. Miscellaneous. This Agreement may be amended or modified only by the written
agreement of APQ and City. Each exhibit attached to this Agreement is incorporated and
made a part of this Agreement as though more fully set forth in this Agreement. If the
deadline for performing any act would otherwise fall on a weekend day or a holiday, such
deadline shall automatically be extended to the next succeeding business day. This
Agreement shall be interpreted under and governed by the laws of the State of Michigan.
All representations and warranties made in this Agreement by APQ and City shall survive
the termination of this Agreement for a period of one year.
13. Counterparts; Electronic Signatures. This Agreement may be executed in any number
of counterparts, each of which shall be deemed to be an original, but all of which together
shall be deemed to be one and the same instrument. Electronically imaged signatures may
be used in place of original signatures on this Agreement. APQ and City intend to be bound
by the signatures on the electronically imaged document, are aware that the other party will
rely on such signatures, and hereby waive any defenses to the enforcement of the terms of
this Agreement based on the form of signature.
14. Binding Effect. This Agreement shall be binding upon and enforceable by the parties and
their respective legal representatives, successors, and assigns.
15. Assignment or Delegation. Neither party shall assign or delegate all or any portion of its
rights or obligations contained in this Agreement without the express or prior written
approval of the other party, in which approval may be withheld in the other party's sole
discretion.
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16. Estoppel. If requested by APQ, City will provide an estoppel certificate to such party as
requested by APQ which certificate shall provide, if true, that the Development
Agreement and the exhibits represent the entire agreement between APQ and City and
that no defaults exist under the Development Agreement and no events have occurred
that would, with notice or the expiration of a period of time, constitute a default.
[Signature Page Follows]
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AUTHORITY:
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY,
a Michigan public body
BY________________________
Name:
Title: Chair
Date: ____________________, 2022
BY: ________________________
Name:
Title: Secretary
Date: ____________________, 2022
CITY:
CITY OF MUSKEGON,
a municipal corporation
BY________________________
Name: Kenneth D. Johnson
Title: Mayor
Date: ____________________, 2022
BY: ________________________
Name: Ann Meisch
Title: Clerk
Date: ____________________, 2022
APQ:
ADELAIDE POINTE QOZB, LLC,
A Michigan limited liability company
By
Name: Ryan M. Leestma
Title: Owner
Date: ____________________, 2022
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RESOLUTION APPROVING THE BROWNFIELD
DEVELOPMENT AND REIMBURSEMENT AGREEMENT
1st Amendment
Adelaide Pointe QOZB, LLC (1148-1204 West Western)
Adelaide Pointe Project
County of Muskegon, Michigan
2022-December 13
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the "City"), held in the City Commission Chambers on the 13th day of
December, 2022 at 5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by ______________ and
supported by ______________.
WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996,
as amended ("Act 381"), the City of Muskegon Brownfield Redevelopment Authority (the
"Authority") has prepared and approved a Development and Reimbursement Agreement; and
WHEREAS, the Authority has forwarded the Development and Reimbursement
Agreement to the City Commission requesting its approval of the Development and
Reimbursement Agreement; and
NOW, THEREFORE, BE IT RESOLVED THAT:
1. That the Brownfield Plan constitutes a public purpose under Act 381.
2. That the Brownfield Plan meets all the requirements of Section 13(1) of Act 381.
3. That the proposed method of financing the costs of the eligible activities, as identified
in the Brownfield Plan and defined in Act 381, is feasible and the Authority has the
authority to arrange the financing.
4. That the costs of the eligible activities proposed in the Brownfield Plan are
reasonable and necessary to carry out the purposes of Act 381.
5. That the amount of captured taxable value estimated to result from the adoption of the
Brownfield Plan is reasonable.
6. That the Development and Reimbursement Agreement is approved and is effective
immediately.
7. That all resolutions or parts of resolutions in conflict herewith shall be and the same are
hereby rescinded.
Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute all
documents necessary or appropriate to implement the provisions of the Brownfield Plan.
AYES:
NAYS:
ABSENT:
RESOLUTION DECLARED APPROVED.
_____________________________________
Ann Marie Meisch, City Clerk
_____________________________________
Kenneth D. Johnson, Mayor
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular
meeting held on December 13, 2022 and that said meeting was conducted and public notice of said
meeting was given pursuant to and in full compliance with the Open Meetings Act,being Act 267,
Public Acts of Michigan, 1976, as amended, and that the minutes of said meetingwere kept and will
be or have been made available as required by said Act.
______________________________
Ann Marie Meisch, City Clerk
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