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CITY OF MUSKEGON
CITY COMMISSION MEETING
January 27, 2026 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
☐ CALL TO ORDER:
☐ PRAYER:
☐ PLEDGE OF ALLEGIANCE:
☐ ROLL CALL:
☐ HONORS, AWARDS, AND PRESENTATIONS:
☐ PUBLIC HEARINGS:
A. Establishment of a Commercial Redevelopment District - 1937 Lakeshore
Dr. Economic Development
B. Issuance of a Commercial Facilities Exemption Certificate - 1937
Lakeshore Dr, Lakeside Development Properties, LLC Economic
Development
C. Issuance of an Obsolete Property Certificate — 1185 Third St. Economic
Development
☐ FEDERAL/STATE/COUNTY OFFICIALS UPDATE:
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. DPW Union Contract Manager's Office
C. Lakeshore Drive Reconstruction MDOT Agreement Public Works
D. Pedestrian Warning System on Port City Blvd DPW- Engineering
E. 1183 Pine Street HOME rehab project Community & Neighborhood
Services
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F. Security Software for Computers and Users Information Technology
G. Workforce Housing Restrictive Covenant - Ledeboer Family Economic
Development
H. Resolution for Housing Tax Exemption - Ledeboer Family Economic
Development
I. Workforce Housing Restrictive Covenant - HAPCE LLC Economic
Development
J. Resolution for Housing Tax Exemption - HAPCE LLC Economic
Development
K. Workforce Housing Restrictive Covenant - Sue Ann Properties, LLC
Economic Development
L. Resolution for Housing Tax Exemption - Sue Ann Properties LLC Economic
Development
M. Workforce Housing Restrictive Covenant - Brinks and Arnoldink
Properties, LLC Economic Development
N. Resolution for Housing Tax Exemption - Brinks and Arnoldink Properties,
LLC Economic Development
O. Approve CRC Recommendations City Clerk
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
☐ ANY OTHER BUSINESS:
☐ GENERAL PUBLIC COMMENT:
► 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. ►Limit of
3 minutes to address the Commission.
☐ CLOSED SESSION:
☐ ADJOURNMENT:
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF
MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
To give comment on a live-streamed meeting the city will provide a call-in telephone
number to the public to be able to call and give comment. For a public meeting that is
not live-streamed, and which a citizen would like to watch and give comment, they
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must contact the City Clerk’s Office with at least a two-business day notice. The
participant will then receive a zoom link which will allow them to watch live and give
comment. Contact information is below. For more details, please visit:
www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such
as signers for the hearing impaired and audio tapes of printed materials being
considered at the meeting, to individuals with disabilities who want to attend the
meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:
Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
clerk@shorelinecity.com
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 27, 2026 Title: Establishment of a Commercial
Redevelopment District - 1937 Lakeshore Dr.
Submitted by: Isabela Gonzalez, Development Department: Economic Development
Analyst
Brief Summary:
Pursuant to Public Act 255 of 1978, as amended, Lakeside Development Properties, LLC has
requested the establishment of a Commercial Redevelopment District.
Detailed Summary & Background:
Lakeside Development Properties, LLC has requested the establishment of a Commercial
Redevelopment District for 1937 Lakeshore Dr. (former Harbor Theater). Creating the district will
enable the property owner to apply for a Commercial Facilities Exemption certificate. If approved,
the certificate will freeze the taxable value of the building and exempt the new real property
investment from local property taxes for the duration of the exemption.
The proposed redevelopment of 1937 Lakeshore Drive will convert the first floor into commercial
suites, with the upper floors used for residential housing.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
I move to close the public hearing and approve the establishment of the Commercial
Redevelopment District for 1937 Lakeshore Dr. and authorize the Mayor and City Clerk to sign the
attached resolution.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Public Act 255 of 1978, as amended
Head
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Information
Technology
Other Division Heads
Communication
Legal Review
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Resolution No. ______________
RESOLUTION APPROVING THE ESTABLISHMENT OF A COMMERCIAL
REDEVELOPMENT DISTRICT
1937 Lakeshore Dr.
WHEREAS, pursuant to PA 255 of 1978, the City of Muskegon has the authority to
establish “Commercial Redevelopment Districts” within the City of Muskegon at request
of a commercial business enterprise or on its own initiative; and
WHEREAS, Lakeside Development Properties, LLC is requesting the establishment of
the Commercial Redevelopment District for an area in the vicinity of 1937 Lakeshore Dr.
located in the City of Muskegon hereinafter described; and
WHEREAS, the City Commission of the City of Muskegon determined that the district
meets the requirements set forth in section 5 of PA 255 of 1978; and
WHEREAS, written notice has been given by certified mail to all owners of real property
located within the proposed district as required by section 5(3) of PA 255 of 1978; and
WHEREAS, on January 13, 2026 a public hearing was held and all residents and
taxpayers of the City of Muskegon were afforded an opportunity to be heard thereon;
and
WHEREAS, the City of Muskegon deems it to be in the public interest of the City of
Muskegon to establish the Commercial Redevelopment District as proposed;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Muskegon that the following described parcel(s) of land situated in the City of Muskegon,
County of Muskegon, and State of Michigan, to wit:
THE SOUTHWESTERLY 55 FEET OF LOT 2 AND THE NORTHEASTERLY 22 FEET
OF LOT 3 OF BLOCK 627 OF THE REVISED PLAT (OF 1903) OF THE CITY OF
MUSKEGON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN LIBER 3 OF
PLATS, PAGE 71.
Adopted this 13th Day of January 2026
AYES:
NAYS:
ABSENT:
BY: _______________________
Ken Johnson, Mayor
ATTEST: _______________________
Ann Meisch, Clerk
CERTIFICATION
1/6/25
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I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission of the City of Muskegon, County of
Muskegon, Michigan at a regular meeting held on January 13, 2026.
_______________________________
Ann Meisch, Clerk
1/6/25
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 27, 2026 Title: Issuance of a Commercial Facilities
Exemption Certificate - 1937 Lakeshore Dr,
Lakeside Development Properties, LLC
Submitted by: Isabela Gonzalez, Development Department: Economic Development
Analyst
Brief Summary:
Pursuant to Public Act 255 of 1978, as amended, Lakeside Development Properties, LLC has
requested the issuance of a Commercial Facilities Exemption Certificate. The certificate will freeze
the taxable value of the building and exempt new real property investment from local taxes.
Detailed Summary & Background:
Lakeside Development Properties, LLC plans to rehabilitate the 17,586 sq ft former Harbor Theater into
a mixed-use development, beginning in April 2026. This project represents a $3,665,733 investment
and is expected to host commercial/office suites on the first floor, followed by two floors of multiple
condominiums ranging from 1-3 bedrooms and 1-2 baths.
A public hearing for the establishment of the Commercial Redevelopment District is scheduled for
January 27th 2026.
The internal tax committee has reviewed the application and, based on its findings and calculations,
recommends approval of the attached resolution for a term of eight (8) years for real property. The
applicant has submitted all required documentation.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
I move to close the public hearing and approve the issuance of a Commercial Facilities Exemption
Certificate for Lakeside Development Properties, LLC and authorize the Mayor and City Clerk to sign
the attached resolution.
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Approvals: Name the Policy/Ordinance Followed:
Immediate Division Public Act 255 of 1978, as amended
Head
Information
Technology
Other Division Heads
Communication
Legal Review
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Page 18 of 293
Name of Business
Cognate Value Cognate Value
PA 198 PA 210, 255, 146
Taxable Value 0-5 Taxable Value 5
Job Creation 0-3 Location 2
Resident Hiring 0-2 New Business 1
Resident
Owned/Managed 0
TOTAL 0-10 TOTAL 8
COMMERCIAL REHABILITATION TAX
PA 255 Tax Abatement Scoring Guide ABATEMENT (PUBLIC ACT 210)
COMMERCIAL REDEVELOPMENT DISTRICT
1-5 Points: 4 Year Abatement ABATEMENT (PUBLIC ACT 255)
OBSOLETE PROPERTY REHABILITATION
6-8 Points: 8 Year Abatement
ACT (PUBLIC ACT 146)
9-10 Points: 12 Year Abatement
TAXABLE VALUE: The City will consider the
PA 146 Tax Abatement Scoring estimated additional tax base that the development
Guide will generate based on plan review, assessor's
analysis and permit fees. 1 point awarded for
1-5 Points: 4 Years frozen taxable $150,000 to $249,999 in taxable value, 2 points
values awarded for $250,000 to $499,999, 3 points
awarded for $500,000 to $749,999, and 4 points
6-8 Points: 8 Years frozen taxable awarded for $750,000 to $999,999, and 5 points for
values taxable value creation over $1,000,000. Any
development creating a taxable value over
9-10 Points: 12 Years frozen taxable $5,000,000 will recommended to receive the full
values abatement.
PA 210 Tax Abatement Scoring LOCATION: An additional two points will be
Guide awarded to a development if it is proposed in one of
the City's identified Commercial or Residential
1-5 Points: 3 Years frozen taxable Redevelopment Areas (map attached).
values
NEW BUSINESS: An additional point will be
6-8 Points: 6 Years frozen taxable awarded if the development is being proposed by a
values commercial entity or housing developer that is new
to the City of Muskegon.
9-10 Points: 10 Years frozen taxable
RESIDENT Owned / Managed: An additional point
values
will be awarded if the proposed business or
development is owned or managed by a resident.
Page 19 of 293
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Resolution No.__________
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE OF A COMMERICAL
FACILITIES EXEMPTION CERTIFICATE
Lakeside Development Properties, LLC
WHEREAS, the City of Muskegon legally established the Commercial Redevelopment
District _____ on January 27, 2026, after a public hearing held on January 27, 2026; and
WHEREAS, the state equalized value of the property proposed to be exempt plus the
aggregate state equalized value of property previously exempt and currently in force
under Public Act 255 of 1978 and under Public Act 198 of 1974 (IFT's) does not exceed
5% of the total state equalized value of the City of Muskegon; and
WHEREAS, the application was approved at a public hearing as provided by section 6(2)
of Public Act 255 of 1978 on January 27, 2026; and
WHEREAS, Lakeside Development Properties, LLC is not delinquent in any taxes
related to the facility; and
WHEREAS, the application is for commercial property as defined in section 3(3) of
Public Act 255 of 1978; and
WHEREAS, the applicant Lakeside Development Properties, LLC has provided answers
to all required questions under Section 6(1) of PA 255 of 1978 to the City of Muskegon;
and
WHEREAS, the City of Muskegon requires that the construction, restoration or
replacement of the facility shall be completed by January 31, 2027; and
WHEREAS, the Commercial Facilities Exemption Certificate is granted for a period of
eight (8) years and no extension will be allowed; and
WHEREAS, the commencement of the construction, restoration or replacement of the
facility did not occur more than 45 days prior to the filing of the application for
exemption; and
WHEREAS, the commencement of the construction, restoration or replacement of the
facility did not occur prior to the establishment of the Commercial Redevelopment
District; and
WHEREAS, the application relates to a construction, restoration or replacement program
which when completed constitutes a new, replacement or restored facility within the
Page 21 of 293
meaning of Public Act 255 of 1978 and that is situated within a Commercial
Redevelopment District established under Public Act 255 of 1978; and
WHEREAS, completion of the facility is calculated to, and will at the time of issuance of
the certificate, have the reasonable likelihood to, increase commercial activity, create
employment and retain employment in which the facility is situated; and
WHEREAS, the restoration includes improvements aggregating 10% or more of the true
cash value of the property at commencement of the restoration as provided by section
4(6) of Public Act 255 of 1978.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Muskegon
Be and hereby is granted a Commercial Facilities Exemption for the real property,
excluding land, located in Commercial Redevelopment District ______at 1937 Lakeshore
Dr. for a period of eight (8) years, beginning December 31, 2026, and ending December
31, 2034 pursuant to the provisions of PA 255 of 1978, as amended.
Adopted this 27th Day of January 2026.
AYES:
NAYS:
Absent:
BY: __________________________________
Ken Johnson, Mayor
ATTEST: _________________________________
Ann Meisch, Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission of the City of Muskegon, County of
Muskegon, Michigan at a regular meeting held on January 27, 2026.
_______________________________
Ann Meisch, Clerk
Page 22 of 293
Page 23 of 293
Harbor Theater Condominiums & Retail
1937 Lakeshore Drive, Muskegon, Michigan
Project Data:
Project Description: Plumbing Fixtures: Mercantile per 403.1
The Harbor Theater located at 1937 Lakeshore Dr., Muskegon, Michigan is being Water Closets - 1 per 500 male & female Emergency Lighting:
renovated into retail on the partial first floor street side and with covered parking Separate toilets not req'd. if occupancy 15 or fewer Emergency lighting shall be properly positioned to provide an average of 1 Control & Expansion Joints:
garage in the back, condominiums on the second and third floors. The building is Lavatories - 1 per 750 foot-candle (11 lux) and a minimum of 0.1 foot-candle (1 lux) measured along the Place control joints in concrete masonry walls in accordance with NCMA TEK 10-
masonry exterior walls with wood framing & engineered floor & roof joist. Entire Drinking Fountains - 1 per 1,000 path of egress at floor level. 2B; 1-1/2 times the wall height or 25 feet, whichever is smaller.
building is fire suppressed. Service Sink - 1 required Place expansion joints in brick masonry walls in accordance with BIA Tech. Notes
Zoning: Attic Access:
Location: 1937 Lakeshore Dr., Muskegon, Michigan Building Design Loads & Specifications: Place attic access doors in ceiling within each of the spaces created by the draft
Anchors:
Zoned: B-2 Convenience Comparison Business Ground Snow Load - 60 psf per figure 1608.2 Roof trusses anchored to top wall plates with one Simpson Strong-Tie H2.5A or
Ultimate Design Wind Speed: Risk Category (Table 1604.5) above the door. H1 each truss end.
Permitted Uses: Retail Business & Residential (figure 1609.3(1) - Risk Category 2 = 115 mph All anchors and fasteners into treated lumber must be hot dipped galvanized or
Planned Use: Retail Business & Residential Roof Live Loads: Soil Classification: stainless steel.
Ground Snow Load 60 psf Soil Classification: SM Silty Sand per AGS pg. 144
Parking Required Balanced Roof Snow Load 52.0 psf Soil Load Pressure: 2,000 psf. per MBC 1804.2 Finishes:
None Required in the City of Muskegon Unbalances Snow Load 64.6 psf
Off Street Loading Space Roof Dead Load: Soil Specification: Cleanable nonabsorbent materials. Floor finish shall have a non-slip surface.
None required in the City of Muskegon Engineered Rood Trusses Fill material under footings, floors, sidewalks and drives shall be Class II Clean All floors without carpeting will have non-slip surfaces per MBC 1003.4
Site Lighting Structure 12.0 psf and Fill.
No new site lighting. All lighting will be on the building. Mechanical & Electrical 1.5 psf Fill sand and backfill soil shall be compacted in place to 95% of maximum Hardware:
Site Signage - TBD by owner Insulation 2.3 psf density. All door hardware shall be accessible lever style design.
Ceiling 2.1 psf Allowable soil bearing is 2,000 psf. minimum. Exterior exit doors shall be provided with panic hardware operating with a maximum
Code Compliance: Total Roof Dead Load 17.9 psf operating force of 15 pounds. The actuating portion of the releasing device
Floor Live Load (table 1607.1): Damp Proofing Specification: shall extend a minimum of 50% of the door width. MBC 1008.1.9
Code - Michigan Building Code 2021 Balconies (exterior) 100 psf Front entry doors in Businesses will be full glazed. Back exit door will be a solid door
- ICC/ANSI A117.1 - 2017 Residential Living Areas 40 psf without glazing.
- Michigan Plumbing Code 2021 Residential Corridors & Stairs 100 psf of footing.
- Michigan Mechanical Code 2021 Floor Dead Load: Coat all exterior foundation walls below grade with 6 mil waterproofing mastic.
- National Electric 2023 Structure 10.0 psf Coat mastic continuously over top of footing and cover foundation wall to
- Int'l Fire Code 2024 Mechanical & Electrical 1.5 psf grade level. Special Testing:
Insulation 2.3 psf Compaction testing of the sand fill in the raised floor areas of the original theater's
Use Group Classification (Section 302.1) - R-2 Multi-family Apartments Rough Carpentry:
Ceiling 2.1 psf sloped floor.
- B Business - S-2 Storage All structural lumber must have a minimum modulus of elasticity of 1,540,000.
Total Load 15.9 psf
Fire Separation (Table 508.4) - 1 hour required between M or B & R Species may be #2 Douglas Fir, #2 Southern Pine, #2 Western Hemlock or
Slab on Grade NA
No separation required between residential units
Fire Resistance Rating (Table 602) Distance to Adjacent Buildings
From 0' to 30' = 1 hour rating, over 30' = 0 hour rating
Roof Wind Load: (1608.2)
Positive Pressure 10.0 psf
#2 Larch.
Sheet Index:
Positive Pressure - Edge 10.0 psf
Corridor Fire Resistance Rating (Table 1020.1)
Negative Pressure 16.2 psf Joist hangers, nails and fasteners must be of size and design for the specific
With sprinkled system - 0.5 hour
Negative Pressure - Edges 17.4 psf application where used. G-1 Cover Sheet, Project Data
Construction Type (Section 602.1) - 3B Unprotected Combustible All wood joists, posts, studs and plywood in contact with masonry, concrete or
Wall Wind Load: (1608.2) SD-1 Site Plan
Rated Building Elements (Section 601) - Ext. Brg. Walls 2 Hr. soil are pressure treated, Wolmanize or equal.
Positive Pressure 10.0 psf
All other elements - no rating required A-1 1st Floor Plan
Positive Pressure - Edge 10.0 psf All fasteners into treated lumber must be hot dipped galvanized or stainless steel
Parking Garage, II-A
Negative Pressure 10.0 psf per MBC 2304.9.5.
Gross Building Area - 18,477 square feet A-2 2nd Floor Plan
Negative Pressure - Edge 10.0 psf All engineered truss and joist drawings must be provided by the manufacturer's
Allowed by Code (table 506.2) - 48,000 sq. ft.
Stories above grade - 3 allowable by code (table 504.4) -4
registered design professional's seal and submitted to the architect for A-3 3rd Floor Plan
Flame Spread & Smoke Development: approval prior to installation per MBC 2303.4.1.
Allowed by Code (table 506.2) - 4 story 75' height A-4 Roof Plan
Randers EC
Walls & Ceiling - Smoke Dev. 450 Max. per ASTM E-84 Each end of roof trusses and roof joists will be held to wall plate with one,
Automatic Sprinkler System (section 903.2.9)
Provided throughout building
Flame Spread 200 Max. per ASTM E-84 Simpson Strong-Tie H1 on wood or one H16 on masonry walls with A-5 Proposed Elevation Plans
Insulation - Smoke Dev. 450 Max. per ASTM E-84 moisture barrier between wood and masonry.
ENGINEERS & CONSTRUCTORS, INC.
Portable Fire Extinguishers (section 903) A-6 Proposed Elevation Plans
Flame Spread 25 Max. per ASTM E-84 Column base and column cap is designated on the drawings. Secure with specified
Minimum rated extinguisher - 2-A
Roof Covering - Class B Min. per ASTM E-108 or UL-790 nails or bolts in all nailing holes provided in column base and column cap.
Maximum floor area per extinguisher - 1,500 sf A-7 Finish Schedule
Fire Separation Wall - None required due to fully sprinkled building.
Maximum travel distance to extinguisher - 75' Upgraded Finish Schedule
Occupancy Load (table 1004.1.2) Exterior Walls - No fire rating required w/ 30' min. to lot lines or Concrete Specifications: A-8
other structures per tables 601 and 602. Concrete strength for all foundations shall be 3,000 psi at 28 days.
Business 100 sq. ft. / person (1,437 sq. ft/100) = 13 occupants
Exterior Wall Openings - 45% Maximum opening per table 704.8 with 10' to 15' Concrete strength for all floors and flat work shall be 4,000 psi at 28 days. D-1 1st Floor Demolition Plan
Residential - 200 sq. ft./person; (12,318 sq. ft./200) = 61 persons All concrete shall have a maximum slump of 4 inches.
Parking Garage - 200 sq. ft./person; (4,500 sq. ft./200) = 22 persons
setback from property line. D-2 2nd Floor Demolition Plan
All exterior concrete shall have limestone aggregate, 6% air entrainment and be
Number of Exits (Table 1006.2.1)
Draft Stop - Attic & Floor: broom finished after troweling. P-1 Plumbing Schedule
Business - max. 49 occupants, 100' travel distance = 1 exit
R-2 - max. 10 occupants, 125' travel distance = 1 exit 1st floor units
All sidewalks and floors to be 4 inches thick. P-2 1st Floor Plumbing Plan
secured to the face of the roof truss and extending from ceiling to roof decking. Place
Number of Exits (table 1006.3.2(1))
draft stops at intervals of 3,000 sq. ft. max. All driveways to be 6 inches thick. P-3 2nd Floor Plumbing Plan
Greater than 4 dwelling units on 2nd floor requires 2 exits
Exit Travel Distance (table 1017.2) P-4 3rd Floor Plumbing Plan
secured to the face of the floor truss and extending from ceiling below to floor above.
B - Business - 300' sprinkled Reinforcing Specification: P-5 Roof Plumbing Plan
Place floor space draft stops at intervals of 1,000 sq. ft. max.
R-2 - Residential - 250' sprinkled
Concrete - HVAC Schedule & Legend
Sound transmission: Dwelling Unit Separation (1207.2 & 1207.3) All reinforcing rod shall be grade 60 steel.
M-1
Fire Extinguishers:
Air borne sound STC 50 minimum (45 if field tested) All strip footings shall be reinforced with 2-#5 rebar continuously. M-2 1st Floor HVAC Plan
Structure borne sound Class IIC 50 minimum (45 if field tested)
sign above designating fire extinguisher location in accordance with the International
Provide NFPA -13R 1999 fire sprinkler system throughout R-2 units and NFPA M-3 2nd Floor HVAC Plan
Fire Code.
13 in commercial areas
Accessibility Units:
M-4 3rd Floor HVAC Plan
Sprinkler System: See drawings for reinforcement of footings carrying concentrated loads.
Ground floor units - Type B Accessible (same as HUD Adaptable
Furnish all labor and materials to install a complete NFPA 13 sprinkler system and E-1 1st Floor Power Plan
unit for fair housing)
Seismic Design Category A
alarm system in the first floor commercial and NFPA 13R sprinkler system in the first, #10/#10 WWF E-2 1st Floor Lighting Plan
second, & third floor residential apartments. This system must also comply with all local
requirements, including, but not limited to, monitoring stations. Masonry -. E-3 2nd Floor Power Plan
All masonry shall be CMU reinforced with truss or ladder type places horizontally E-4 2nd Floor Lighting Plan
Signage:
from footing reinforcing to wall top cap reinforcing. Place #5 bars vertical in grout E-5 3rd Floor Power Plan
Tactile exit signs shall be placed adjacent to each exit discharge. filled cores at all corners and both sides of door and window openings. Top course of
E-6 3rd Floor Lighting Plan
S-1 1st Floor Structural Plan
Masonry Lintels -
S-2 2nd Floor Structural Plan
S-3 3rd Floor Structural Plan
Page 24 of 293
UP
ELEV.
MECH.
ELEVATOR
RETAIL #1
1,437 SQ. FT.
16 X 8 GARAGE DOOR PARKING GARAGE
C.E. METER
Randers EC
C.E. METER
ENGINEERS & CONSTRUCTORS, INC.
GAS METER
LANDING LANDING
1st UP TO 2nd
1ST FLOOR PLAN
Page 25 of 293
MASTER
CLOSET
ELEVATOR
W.H.
UP TO 3rd
UNIT #1
2 BED/1 BATH
669 SQ. FT.
UNIT #6
1 BED/1 BATH
601 SQ. FT.
UNIT #2
2 BED/1 BATH
W.H.
W.H. 784 SQ. FT.
EXERCISE ROOM
137 SQ. FT.
UNIT #3
2 BED/2 BATH
1,076 SQ. FT.
Randers EC
STORAGE
SHOWER
ENGINEERS & CONSTRUCTORS, INC.
UNIT #4
2 BED/1 BATH
855 SQ. FT. W.H.
UNIT #5
2 BED/1 BATH
865 SQ. FT.
W.H. W.H.
LANDING LANDING
2nd UP TO 3rd
2ND FLOOR PLAN
Page 26 of 293
A.D.A SINK
ELEVATOR UNIT #7
2 BED/1 BATH
1,037 SQ. FT.
TO 2nd
A.D.A UNIT #11
1 BED/1 BATH
613 SQ. FT.
W.H.
A.D.A BATHROOM
MASTER
CLOSET
W.H.
W.H.
UNIT #8
W.H.
2 BED/1 BATH
1,032 SQ. FT.
PANTRY
Randers EC
ENGINEERS & CONSTRUCTORS, INC.
W.H.
UNIT #10
3 BED/2 BATH
1,338 SQ. FT.
UNIT #9
2 BED/1 BATH
1,037 SQ. FT.
LANDING LANDING
3rd DOWN TO 2nd
3RD FLOOR PLAN
Page 27 of 293
1
9
3
7
ENCORE
AT HARBOR THEATER
Randers EC
ENGINEERS & CONSTRUCTORS, INC.
Page 28 of 293
UTILITIES
ENGINEERS & CONSTRUCTORS, INC.
Randers EC
Page 29 of 293
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 27, 2026 Title: Issuance of an Obsolete Property Certificate
— 1185 Third St.
Submitted by: Jocelyn Hines, Development Department: Economic Development
Analyst
Brief Summary:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, as amended, 1185 Third St. LLC has
requested the issuance of an Obsolete Property Certifcate at 1185 Third St. to support further
development.
Detailed Summary & Background:
1185 Third St. LLC has requested issuance of an Obsolete Property Rehabilitation Certificate for the
property located at 1185 Third Street. If approved, the property’s taxable value would be frozen at
the pre-rehabilitation level for the duration of the certificate. The Obsolete Property Rehabilitation
District for this site was established by the City Commission on October 22, 2002.
The applicant proposes to rehabilitate a long-vacant commercial building in the downtown. The
project represents an estimated investment of $4,925,000 and includes significant upgrades to
mechanical, electrical, and plumbing systems, structural improvements, and exterior and façade
enhancements. Upon completion, the building will be used as an office and research and
development facility. The prospective tenant is expected to retain approximately 80 full-time
positions at this location, supporting continued employment within the City.
The City’s Internal Tax Committee has reviewed the application and all required supporting
documentation. Based on its analysis and calculations, the Committee recommends approval of the
attached resolution granting a twelve (12)-year Obsolete Property Rehabilitation Certificate.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Reduction of blighted commercial properties
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
Page 30 of 293
I move to close the public hearing and approve the attached resoution for the issuance of an
Obsolete Property Certificate for 1185 Third St. and authorize the City Clerk and Mayor to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Public Act 146 of the Michigan Public Acts of
Head 2000, as amended
Information
Technology
Other Division Heads
Communication
Legal Review
Page 31 of 293
Page 32 of 293
Page 33 of 293
OPRA Exemption Application Narrative
1185 Third Street, Muskegon, MI 49441
61-24-205-379-0011-00
Project Overview
The proposed project involves the substantial rehabilitation of a long-vacant commercial
property located at 1185 Third Street in downtown Muskegon. The building has remained
underutilized for an extended period due to outdated building systems, functional
inefficiencies, and its inability to support modern commercial operations without significant
capital investment.
The applicant proposes to invest $4,925,000 into the rehabilitation of the existing structure
to reposition it as a productive employment center. Upon completion, the building will be
mixed use, with utilization of approximately 75% office space and 25% research and
development space, supporting a modern, technology-enabled business environment
consistent with the City of Muskegon’s downtown revitalization and economic development
objectives.
Description of the Obsolete Facility
The subject property qualifies as an obsolete property as defined under the Obsolete
Property Rehabilitation Act. The building exhibits functional obsolescence due to outdated
mechanical, electrical, and plumbing systems; inefficient floor layouts; and building
components that no longer meet current market or operational standards. These
deficiencies have rendered the property uncompetitive for contemporary office or research
uses without comprehensive rehabilitation.
Absent this proposed investment, the property is unlikely to attract private reinvestment and
would remain vacant or underperforming, detracting from the vitality and economic
productivity of downtown Muskegon.
Description of Proposed Rehabilitation
The proposed rehabilitation will include extensive improvements to both the interior and
exterior of the building, including but not limited to:
• Replacement and modernization of mechanical, electrical, and plumbing systems
to support office and R&D operations.
Page 34 of 293
• Interior reconfiguration and build-out to accommodate flexible office layouts and
specialized research and development space.
• Structural and code-related upgrades to ensure long-term viability and compliance
with current standards.
• Accessibility upgrades to ensure compliance with the Americans with Disabilities
Act (ADA) and promote universal access.
• Exterior and facade improvements, enhancing the building’s appearance and
contribution to the downtown streetscape, including replacement of the roofing
system, repair of degraded masonry, and replacement of all doors and windows.
• Installation of modern technology infrastructure necessary for office and research
uses.
The total investment of $4,925,000 represents a substantial reinvestment that exceeds the
minimum statutory threshold and materially extends the useful life of the structure.
Economic Impact and Employment Benefits
The project will result in the retention of 80 full-time jobs, all of which will be new to
downtown Muskegon as a result of the relocation of operations from another city. These
jobs represent a meaningful infusion of daytime employment into the downtown core,
increasing foot traffic, supporting surrounding businesses, and strengthening the local
economy. Additionally, it is expected that the rehabilitation work will support an additional
20 temporary construction jobs.
The project will:
• Establish a long-term employment base in a currently vacant structure.
• Introduce a large employer to the downtown that can support downtown initiatives
and events.
• Increase downtown economic activity through office and R&D uses.
• Support Muskegon’s goals of attracting knowledge-based and innovation-oriented
employment.
• Prevent further deterioration of a key downtown property, creating a better
connection between the traditional downtown district and the Midtown district along
Third Street.
• Add approximately $8,400,000 in new payroll to the city.
Page 35 of 293
Community and Fiscal Benefits
Beyond job retention, the rehabilitation of 1185 Third Street will deliver broader community
benefits, including:
• Revitalization of a vacant downtown building, eliminating blight and
underutilization.
• Reinforcement of downtown Muskegon as a destination for professional and
research-oriented uses.
• Long-term expansion of the local tax base following the conclusion of the OPRA
exemption period.
• Encouragement of additional private investment in surrounding properties.
The project aligns with OPRA’s intent to stimulate redevelopment that would not otherwise
occur due to financial feasibility challenges associated with rehabilitating obsolete
buildings.
6. Necessity of the OPRA Exemption
The applicant asserts that the project is not economically feasible without the OPRA
exemption. The cost of rehabilitating an obsolete structure for modern office and R&D use
presents a significant financial burden that exceeds the cost of new construction in non-
urban locations. The OPRA exemption is a critical tool in closing this feasibility gap and
enabling reinvestment in Muskegon’s downtown.
Considering the combined acquisition and redevelopment costs exceeding $5,500,000, the
21,000 square foot facility will cost the tenant nearly $27 per square foot in NNN lease costs.
The unexempted taxes could add an additional $6.00-$7.00 per square foot in annual costs
– leaving the property uncompetitive when compared to other available properties in West
Michigan.
Project Schedule and Compliance
Rehabilitation is expected to commence immediately following the creation of the OPRA
district, and continue following the approval of the OPRA certificate and completion of all
required local and state approvals. The applicant will comply with all reporting, assessment,
and operational requirements set forth under the Obsolete Property Rehabilitation Act and
City of Muskegon policies.
Page 36 of 293
General OPRA Compliance Statements
Applicant attests to the following:
1. The Applicant is not delinquent on any taxes or fees related to the facility.
2. The Applicant did not begin rehabilitation work prior to the creation of the Obsolete
Property Rehabilitation District.
3. The completed project will result in a rehabilitated property within an Obsolete
Property Rehabilitation District.
4. The rehabilitation of the facility would not be undertaken without the Applicant’s
receipt of the exemption certificate
Conclusion
The proposed rehabilitation of 1185 Third Street meets the statutory requirements and
public purpose of the Obsolete Property Rehabilitation Act. The project transforms a long-
vacant, functionally obsolete property into a productive office and research facility, retains
80 jobs new to downtown Muskegon, and advances the City’s economic development and
revitalization goals. Approval of the OPRA exemption is respectfully requested to enable this
significant private investment and long-term community benefit.
Page 37 of 293
1148 THIRD STREET
DEVELOPMENT BUDGET (updated 1.15.26)
Estimated Development Costs Pre-Closing Post-Closing Total
Acquisition Cost
Property Acquisition Costs $10,000 $515,000 $525,000
Title Insurance (see bank fees) $0 $0 $0
Misc. Closing Costs/Fees/Contingencies $0 $50,000 $50,000
Total Acquisition Costs $10,000 $565,000 $575,000 12%
Hard Costs
Roof $270,000 $0 $270,000
Masonry + Concrete $50,000 $160,000 $210,000
Doors + Windows $0 $313,000 $313,000
Elevator $0 $145,000 $145,000
MEP Package $0 $1,289,000 $1,289,000
Flooring $0 $71,000 $71,000
Paint $0 $47,000 $47,000
Specialties $0 $40,000 $40,000
Steel $0 $25,000 $25,000
General Trades $0 $400,000 $400,000
Site Work (parking lot) $0 $100,000 $100,000
Demo +Environmental Abatement $0 $190,000 $190,000
Total Hard Costs $320,000 $2,780,000 $3,100,000 63%
Soft Costs
GC COSTS (10% Hard Costs) $120,000 $200,000 $320,000
PROJECT MGMT (5% Hard Costs) $0 $160,000 $160,000
Developer Costs (5% Hard Costs) $160,000 $0 $160,000
Architect and Engineering (15% Hard Costs) $120,000 $360,000 $480,000
Real Estate Commissions (Yrs 1-10) $0 $214,000 $214,000
Surveying $0 $6,500 $6,500
Environmental Testing and Reporting $25,000 $5,000 $30,000
Legal $2,500 $0 $2,500
Builder's Risk Insurance During Construction $0 $60,000 $60,000
General Liability Insurance During Construction $0 $5,000 $5,000
Inspection Fees (Bank - assumes 6 inspections) $0 $5,000 $5,000
Loan/Bank Fees $0 $50,000 $50,000
Construction Interest $0 $70,000 $70,000
City Permits Fees and Fees $5,000 $60,000 $65,000
Total Soft Costs $432,500 $1,195,500 $1,628,000 33%
Contingencies/Reserves
Contingency $122,000 $122,000
Total Contingencies/Reserves $0 $122,000 $122,000 2%
VALUE ENGINEERING $0 -$500,000 -$500,000 -10%
Total Project Costs $762,500 $4,162,500 $4,925,000
RESERVE FUND $0 $500,000 $500,000
TOTAL WITH RESERVES $762,500 $4,662,500 $5,425,000
Page 38 of 293
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. ________
A resolution approving the application for an Obsolete Property Rehabilitation Exemption Certificate by 1185
Third St. LLC
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City Commission has received an Application for an Obsolete Property Rehabilitation Exemption
Certificate from 1185 Third St. LLC, to apply to the improvements located in an Obsolete Property
Rehabilitation District established by previous resolution. All items described under “Instructions”
(a) through (f) of the application for Obsolete Property Rehabilitation Exemption Certificate
have been provided to the City of Muskegon, the Qualified Local Government Unit, by the
applicant.
B. The City of Muskegon is a qualified local governmental unit as determined by STC Bulletin No. 9 of
2000, dated July 12, 2000.
C. An Obsolete Property Rehabilitation District in which the application property is located was
established after a hearing on October 22, 2002.
D. The taxable value of the property proposed to be exempt, plus the aggregate taxable value of
properties already exempted under PA 146 of 2000 and under PA 198 of 1974, does not exceed five
percent (5%) of the total taxable value of the City of Muskegon.
E. In the event it is determined that the said taxable values do exceed five percent (5%), the City
Commission determines further that the said exceedance will not have the effect of substantially
impeding the operation of the City of Muskegon or impairing the financial soundness of any affected
taxing units.
F. This resolution of approval is considered by the City Commission on January 27, 2026, after a public
hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on this date.
G. The applicant, 1185 Third St. LLC, is not delinquent any taxes related to the facility.
H. The exemption to be granted by this resolution is for 12 years.
I. The City Commission finds that the property for which the Obsolete Property Rehabilitation
Exemption Certificate is sought is obsolete property within the meaning of Section 2(h) of Public Act
146 of 2000 in that the property, which is commercial, is functionally obsolete. The City has received
from the applicant all the items required by Section 9 of the application form, being the general
description of the obsolete facility, a general description of the proposed use, a description of the
general nature and extent of the rehabilitation to be undertaken, a descriptive list of fixed building
equipment that will be part of the rehabilitated facility, a time schedule for undertaking and complete
the rehabilitation, and statement of the economic advantages expected from the exemption.
J. Commencement of the rehabilitation has not occurred before the establishment of the district.
K. The application relates to a rehabilitation program that when completed will constitute a rehabilitated
within the meaning of PA 146 of 2000 and will be situated within the Obsolete Property Rehabilitation
District established by the City under PA 146 of 2000.
Page 39 of 293
L. Completion of the rehabilitated facility is calculated to and will, at the time of the issuance of the
Certificate, have the reasonable likelihood to increase commercial activity and create employment; it
will revitalize an urban area. The rehabilitation will include improvements aggregating more than ten
percent (10%) of the true cash value of the property at the commencement of the rehabilitation.
M. The City Commission determines that the applicant shall have twenty-four (24) months to complete
the rehabilitation. It shall be completed by January 27, 2028, or two years after the Certificate is
issued, whichever occurs later.
N. That notice pursuant to statute has been timely given to the applicant, the assessor for the City of
Muskegon, representatives of the affected taxing units and the general public.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. Based upon the statements set forth in, and incorporating the recitals to this resolution, the City
Commission hereby approves the application filed by 1185 Third St. LLC, for an Obsolete Property
Rehabilitation Exemption Certificate, to be effective for a period of 12 years;
2. BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set forth in
Attachment A, the legal description containing the facilities to be improved;
3. BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant shall comply
with the representations and conditions set forth in the recitals above and in the application material
submitted to the City.
This resolution passed.
Ayes: __________________________________________________________________
Nays: __________________________________________________________________
CITY OF MUSKEGON
BY: __________________________________
Ken Johnson
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission held on January 27, 2026. The meeting
was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the
Public Acts of 1976.
CITY OF MUSKEGON
By ___________________________
Ann Meisch, City Clerk
Page 40 of 293
ATTACHMENT A: PROPERTY DESCRIPTION
Address: 1185 Third St.
PIN#: 61-24-205-379-0011-00
Parcel Size: 0.42 Acres
Legal: CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 11-12 & NELY 3 FT LOT 10 BLK 379
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 27, 2026 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve minutes of the January 5, 2026, Organizational Meeting; January 12, 2026, Worksession
Meeting; and the January 13, 2026, City Commission Meeting.
Detailed Summary & Background:
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Approval of the minutes.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
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CITY OF MUSKEGON
ORGANIZATIONAL MEETING
January 5, 2026 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Organizational Meeting of the City of Muskegon was held at City Hall, 933
Terrace Street, Muskegon, Michigan at 5:30 p.m., Monday, January 5, 2026.
Mayor Johnson opened the meeting with a moment of silence, after which the
Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Commissioners Jay Kilgo, Destinee Keener, Willie
German, Jr., Kiley Jackson, Katrina Kochin, and Rebecca St.Clair, City Manager
Jonathan Seyferth, City Attorney Brennen Gorman, and City Clerk Ann Marie
Meisch
HONORS, AWARDS, AND PRESENTATIONS
A. Oath of Office Ceremony - Judge Pittman City Clerk
Judge Gregory C. Pittman issued the Oath of Office to Commissioner At-Large
Kiley Jackson, Commissioner At-Large Rebecca St.Clair, and Mayor Kenneth D.
Johnson.
PUBLIC COMMENT ON AGENDA ITEMS
No public comments were received.
2026-01 NEW BUSINESS
A. Certification of Commissioners/Mayor Seating Manager's Office
In accordance with the Muskegon City Charter, Chapter IV Section 2 - the City
Commission shall be the judge of the election and qualification of its own
members.
The City Commission is being asked to certify that the Mayor and all members
of the City Commission have been duly elected and meet the qualifications for
the offices they will hold. The Muskegon City Charter, Chapter IV, Section 2
notes: "The City Commission shall be the judge of the election and qualification
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of its own members, subject to the review of the courts."
This is not an action that the Commission has traditionally taken. However, with
the amendment to the City Charter adding a 12-year lifetime term limit, this
action is advisable.
Two members of the Commission have served more than 12 years, as permitted
by the new charter amendment: Mayor Johnson and Commissioner German.
The City's position is that both Mayor Johnson and Commissioner German are
eligible to serve the terms for which they were elected, consistent with the
State of Michigan's Home Rule City Act, despite having served 12 or more years
on the City Commission.
The Home Rules City Act, Section 117.1(1)d)) states: "The term of a public official
shall not be shortened or extended beyond the period for which the official is
elected or appointed, unless he or she resigns or is removed for cause, if the
office is held for a fixed term."
As both Commissioner German and Mayor Johnson were elected to fixed terms
(four years) prior to the charter amendment going into place, they are eligible
to serve the whole terms for which they were elected.
Commissioner Kilgo made a formal statement of rejection for the record.
Motion by Commissioner Kilgo, second by Commissioner Keener, to move that,
per Chapter IV, Section 2 of the Muskegon City Charter, the Mayor and all
members of the City Commission have been duly elected, as certified by the
Muskegon County Board of Canvassers, and are qualified to serve in the offices
for which they were elected.
Motion by Commissioner Keener, second by Commissioner Kilgo, to call the
question.
Vote on Amendment:
ROLL VOTE: Ayes: Keener, Jackson, Kochin, St.Clair, and Kilgo
Nays: German and Johnson
MOTION PASSES
Vote on Original Motion:
ROLL VOTE: Ayes: Kilgo, Keener, German, Jackson, Kochin, St.Clair, and
Johnson
Nays: None
MOTION PASSES
C. Setting Commission Meetings City Clerk
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To set the City Commission Meetings for 5:30 p.m. on the 2nd and 4th Tuesday
of each month.
Motion by Commissioner St.Clair, second by Commissioner German, to
approve the calendar as presented by the City Clerk for the 2026 meeting
schedule.
ROLL VOTE: Ayes: German, Jackson, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
MOTION PASSES
D. Setting Worksession Meetings City Clerk
To set Worksession Meetings for 5:30 p.m. on Mondays preceding the 2nd
Tuesday of each month.
Motion by Commissioner Kochin, second by Commissioner Keener, to set
Worksession Meetings for 5:30 p.m. on Mondays preceding the 2nd Tuesday of
each month.
ROLL VOTE: Ayes: Jackson, Kochin, St.Clair, Johnson, Kilgo, Keener, and
German
Nays: None
MOTION PASSES
E. 2026 LPC Meeting Calendar Manager's Office
To set meeting dates for the Legislative Policy Committee for 2026.
Meetings are to be held on the fourth Wednesday of the second month of
each quarter. For 2026, the proposed meeting dates are as follows:
Wednesday, February 25, 2026
Wednesday, May 27, 2026
Wednesday, August 26, 2026
Wednesday, November 18, 2026 - City Hall will be closed November 25,
Thanksgiving Holiday
Motion by Commissioner Keener, second by Commissioner German, to set the
meeting schedule as presented.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and
Jackson
Nays: None
MOTION PASSES
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F. Appointment of City Officials City Clerk
To appoint Jonathan Seyferth as City Manager, Ann Marie Meisch as City Clerk,
Sarah Wilson as City Treasurer, Kenneth Grant as City Auditor, County
Equalization Director Donna VanderVries as City Assessor and County
Equalization Deputy Director Dan VanderKooi as Deputy Assessor.
Motion by Commissioner German, second by Commissioner Kilgo, to appoint
Jonathan Seyferth as City Manager, Ann Marie Meisch as City Clerk, Sarah
Wilson as City Treasurer, Kenneth Grant as City Auditor, County Equalization
Director Donna VanderVries as City Assessor and County Equalization Deputy
Director Dan VanderKooi as Deputy Assessor.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, German, Jackson, and
Kochin
Nays: None
MOTION PASSES
G. Designation of City Fund Depositories City Clerk
To designate Fifth Third Bank (Main Depository), Huntington Bank, and Michigan
Class as City depositories.
Motion by Commissioner Keener, second by Commissioner German, to
designate Fifth Third Bank (Main Depository), Huntington Bank, and Michigan
Class as City depositories.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Jackson, Kochin, and
St.Clair
Nays: None
MOTION PASSES
H. Designation of Firm to Act as Legal Counsel - Parmenter Law City Clerk
To designate Parmenter Law to act as Legal Counsel.
Motion by Commissioner St.Clair, second by Commissioner Kochin, to
designate Parmenter Law to act as Legal Counsel.
ROLL VOTE: Ayes: Kilgo, Keener, German, Jackson, Kochin, St.Clair, and
Johnson
Nays: None
MOTION PASSES
I. CRC Appointment Meeting Date City Clerk
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Create a Special CRC Meeting for Board Appointments.
Motion by Commissioner St.Clair, second by Commissioner Kochin, to set
January 26, 2026, as the Special CRC Meeting for board appointments.
ROLL VOTE: Ayes: Keener, German, Jackson, Kochin, St.Clair, Johnson, and
Kilgo
Nays: None
MOTION PASSES
B. Election of Vice-Mayor City Clerk
To appoint a Vice-Mayor.
Motion by Commissioner German, second by Commissioner Kochin, to
appoint Commissioner Destinee Keener as Vice-Mayor.
ROLL VOTE: Ayes: German, Jackson, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
MOTION PASSES
J. Mayor Committee Appointments City Clerk
Mayor Johnson made the following appointments to various boards and
committees:
Historic District Commission - Commissioner Katrina Kochin
Citizen's District Council - Commissioner Katrina Kochin
Community Relations Committee Chair - Commissioner Rebecca St.Clair
Farmers Market Advisory Board - Commissioner Rebecca St.Clair
Housing Commission - Commissioner Rebecca St.Clair
Equal Opportunity Committee - Commissioner Willie German, Jr. and
Commissioner Kiley Jackson
Housing Code Board of Appeals - Commissioner Willie German, Jr.
Downtown Arts Committee - Commissioner Kiley Jackson
Julia Hackley Committee - Commissioner Kiley Jackson
Land Bank Authority - Commissioner Jay Kilgo
West Michigan Shoreline Regional Development Commission - Commissioner
Jay Kilgo
Planning Commission - Vice Mayor Destinee Keener and Mayor Ken Johnson
Zoning Board of Appeals - Vice Mayor Destinee Keener
Parks & Recreation Advisory Committee - Mayor Ken Johnson
Motion by Vice Mayor Keener, second by Commissioner St.Clair, to make the
appointments to the various boards and committees.
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ROLL VOTE: Ayes: Jackson, Kochin, St.Clair, Johnson, Keener, and German
Nays: Kilgo
MOTION PASSES
ANY OTHER BUSINESS
Per discussion at the beginning of the meeting, City Manager Jonathan
Seyferth apologized for not keeping the Commission more informed.
Mayor Johnson urged the Commission to reach out to the City Manager or City
Clerk if they have any concerns. He asked that everyone comes prepared for
the meetings. He stated he is grateful for this Commission and looking forward
to this new year.
GENERAL PUBLIC COMMENT
Public comments received.
ADJOURNMENT
The City Commission meeting adjourned at 7:30 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
January 12, 2026 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The City Commission Worksession Meeting of the City of Muskegon was held at
City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Monday,
January 12, 2026.
Present: Mayor Ken Johnson, Vice Mayor Destinee Keener, Commissioners Jay
Kilgo, Willie German, Jr., Kiley Jackson, Katrina Kochin, and Rebecca St. Clair,
City Manager Jonathan Seyferth, and City Clerk Ann Marie Meisch
2026-02 NEW BUSINESS
A. BS&A Online Payments Treasury
City Treasurer Sarah Wilson explained that we are currently using Point & Pay, a
third party processor, for online payments of tax and utility bills, as well as for
credit card payments made at the counter. In 2024, BS&A launched their own
online payment platform, BS&A Payments. After investigating the BS&A
Payments option, we feel it is a better value and option for our municipality as
a payment processor. We are recommending switching our payment
processor to the BS&A Payments platform.
B. American Public Works Association (APWA) Monument Proposal Public
Works
Public Works Director Dan VanderHeide introduced local representatives of the
American Public Works Association (APWA) Derek Gajdos and John Gorney
who presented a proposal to place a monument to public works along the
Muskegon Channel. This will be brought back to Commission in February for a
resolution of support.
C. City Commission Handbook Manager's Office
Deputy City Manager LeighAnn Mikesell gave an overview of the new
commission handbook and the associated policies. This will be discussed
further at the Legislative Policy Committee Meeting.
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PUBLIC COMMENT
Public comments received.
ADJOURNMENT
The City Commission meeting adjourned at 7:00 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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CITY OF MUSKEGON
CITY COMMISSION MEETING
January 13, 2026 @ 5:30 PM
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., Tuesday, January 13, 2026. Pastor
Russell Damm from the Oak Crest Church of God, opened the meeting with prayer,
after which the Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Destinee Keener, Commissioners Katrina
Kochin, Rebecca St.Clair, Jay Kilgo, Willie German, Jr., and Kiley Jackson, City
Manager Jonathan Seyferth, City Attorney Brennen Gorman, and Deputy City Clerk
Linda Potter
HONORS, AWARDS, AND PRESENTATIONS
A. Recognition of Equalization Manager's Office
City Manager Jonathan Seyferth recognized County Equalization Director Donna
VanderVries and staff for achieving a perfect score on the 2025 PA 660 Assessment
Audit Review.
B. Audit Presentation-ACFR by Brickley Delong Finance
Finance Director Ken Grant introduced Eric VanDop from Brickley DeLong who gave
a presentation of the 2024-25 audit.
2026-03 PUBLIC HEARINGS
A. Establishment of a Commercial Redevelopment District —356 W. Western
Ave. Economic Development
Pursuant to Public Act 255 of 1978, as amended, King Real Estate Holdings, LLC has
requested the establishment of a Commercial Redevelopment District for 356 W.
Western Ave. Creating the district will enable the property owner to apply for a
Commercial Facilities Exemption certificate. If approved, the certificate will freeze
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the taxable value of the building and exempt the new real property investment from
local property taxes for the duration of the exemption.
The proposed redevelopment will re-purpose the Century Club into a pediatric
office, retail suite spaces, family-friendly entertainment space, and keep the event
venue.
STAFF RECOMMENDATION: I move to close the public hearing and approve the
establishment of the Commercial Redevelopment District for 356 W. Western Ave.
and authorize the Mayor and City Clerk to sign the resolution.
The Public Hearing opened to hear and consider any comments from the public. No
public comments were made.
Motion by Vice Mayor Keener, second by Commissioner Kochin, to close the public
hearing and approve the establishment of the Commercial Redevelopment District
for 356 W. Western Ave. and authorize the Mayor and City Clerk to sign the
resolution.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, German, Jackson, and Kochin
Nays: None
MOTION PASSES
B. Issuance of a Commercial Facilities Exemption Certificate — 356 W. Western
Ave. Economic Development
Pursuant to Public Act 255 of 1978, as amended, King Real Estate Holdings, LLC has
requested the issuance of a Commercial Facilities Exemption Certificate. The
certificate will freeze the taxable value of the building and exempt new real property
investment from local taxes.
King Real Estate Holdings, LLC plans to rehabilitate the 15,000-square-foot Century
Club building beginning in February 2026. The project represents a $475,232
investment and is expected to create two (2) new permanent healthcare positions,
retain six (6) existing positions, and generate four (4) construction jobs.
This rehabilitation will serve as the new home of Muskegon Pediatrics. Skee Tees, a
current tenant, will remain in the building. The existing event venue space will also be
maintained, with the potential addition of a family-friendly entertainment business.
A public hearing for the establishment of the Commercial Redevelopment District is
scheduled for the January 13, 2026, City Commission meeting.
The internal tax committee has reviewed the application and, based on its findings
and calculations, recommends approval of the resolution for a term of four (4) years
for real property. The applicant has submitted all required documentation.
STAFF RECOMMENDATION: I move to close the public hearing and approve a four (4)
year Commercial Facilities Exemption Certificate for King Real Estate Holdings, LLC,
and authorize the Mayor and City Clerk to sign the application and resolution.
The Public Hearing opened to hear and consider any comments from the public. No
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public comments were made.
Motion by Commissioner German, second by Vice Mayor Keener, to close the
public hearing and approve a four (4) year Commercial Facilities Exemption
Certificate for King Real Estate Holdings, LLC, and authorize the Mayor and City Clerk
to sign the application and resolution.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Jackson, Kochin, and St.Clair
Nays: None
MOTION PASSES
FEDERAL/STATE/COUNTY OFFICIALS UPDATE
No comments were made.
PUBLIC COMMENT ON AGENDA ITEMS
No public comments were made.
2026-04 CONSENT AGENDA
A. Approval of Minutes City Clerk
To approve minutes of the December 9, 2025, City Commission Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
B. BS&A Online Payments Treasury
We are currently using Point & Pay, a third party processor, for online payments of tax
and utility bills, as well as for credit card payments made at the counter. In 2024,
BS&A launched their own online payment platform, BS&A Payments. After
investigating the BS&A Payments option, we feel it is a better value and option for
our municipality as a payment processor. We are recommending switching our
payment processor to the BS&A Payments platform.
We have recently encountered some issues and limitations with our current payment
processing system. Staff began investigating BS&A Payments as an alternative
payment processor, to see if we could both reduce the issues that have occurred as
well modernize the system that is available to our residents. After spending time
meeting with BS&A Payments' team, as well as researching their capabilities and
talking with various users of the system, we determined this system to be superior to
what we are currently using.
Some of the features we would gain with the BS&A Payments system include:
• An updated and modernized, easy-to-use customer interface for online
payments
• Increased safety features, such as ACH validation prior to payment processing,
and the ability to read "chip" enabled credit cards
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• The ability to accept mobile wallet payments, such as Google or Apple Pay
• Text to pay capabilities
• Auto-pay and scheduled payment capabilities
One important note regarding this system is that the fees customers pay to use the
system would increase very slightly. The current fee for using a credit card is 2.8%.
With the BS&A payments system, the fee would increase to 2.8% plus $0.50. The
current fee for paying online via ACH (or e-check) is $0.85. The fee under the new
system would be $1.25. Although the fees are slightly higher, we believe the added
value and convenience for the residents makes the switch worthwhile. It is also
important to note that customers are not required to use these payment
methods. We will still offer all of our other options that are free of charge, such as
payment by check, cash, mail, etc. This system is strictly offered as a convenience for
those who choose to use it.
The only cost to the municipality is the cost of the terminals that would be located at
the counters. The cost for each terminal is $350, and we would need 15 terminals.
There are no other fees to the municipality for using the BS&A Payments system.
STAFF RECOMMENDATION: I move to approve changing the City's payment
processor to BS&A Payments and authorize the Treasurer to sign the addendum.
H. Sewer Jet Truck Purchase Public Works
DPW staff would like to replace our existing sewer jet truck with the 2026 Freightliner
M2 offered from Fredrickson Supply for $318,448.07.
DPW staff use our existing sewer jet truck daily. This truck is used to ensure our sewer
and drain systems are working properly and help remove any blockages. This truck is
commonly used to clear blocked sewer pipelines when residents call regarding
sewer backups at their home. This piece of equipment is one of the City's most
commonly used and its reliability is essential for DPW staff. The current sewer jet truck
is 13 years old and has started showing signs of its age. One option to replace it
would be a 2026 Freightliner from Fredrickson Supply. We have explored several
options for replacement from various vendors and, based on the feedback of staff,
the sewer jet truck from Fredrickson is the best fit for our staff. The control system of
this vehicle mirrors that of similar equipment we currently own and use. This will allow
for cross-training between the departments and equipment. This replacement will
provide the reliability and versatility we need. Fredrickson Supply had quoted the
truck with Sourcewell pricing. Sourcewell is a cooperative purchasing program that
allows agencies to purchase equipment or services through pre-bid contracts,
satisfying the City's purchasing policy and bidding requirements.
STAFF RECOMMENDATION: Staff recommends the purchase of a 2026 Freightliner
Sewer Jet Truck from Fredrickson Supply for the amount of $318,448.07.
Motion by Commissioner St.Clair, second by Commissioner Kilgo, to adopt the
Consent Agenda as presented minus items C, D, E, F, and G.
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ROLL VOTE: Ayes: Kilgo, Keener, German, Jackson, Kochin, St.Clair, and Johnson
Nays: None
MOTION PASSES
2026-05 ITEMS REMOVED FROM THE CONSENT AGENDA
C. 2026 Wage Matrix for Non-Union Part-Time and Limited Term
Employees Employee Relations
The part-time and limited-term wage matrix is for long-term part-time positions and
seasonal staffing positions. It reflects the increase to the minimum wage that, if
approved, will be retroactive to January 1, 2026.
STAFF RECOMMENDATION: Recommending adoption of the 2026 Wage Matrix for
non-union, part-time and limited-term employees.
Motion by Commissioner German, second by Commissioner St.Clair, to adopt the
2026 Wage Matrix for non-union, part-time and limited-term employees.
ROLL VOTE: Ayes: Keener, German, Jackson, Kochin, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES
D. 2024 Justice Assistance Grant Public Safety
The Police Department is seeking approval to enter into a MOU with the County of
Muskegon and Muskegon Heights to receive funds for the allocated 2024 Edward
Byrne Memorial Justice Assistance Grant (JAG) program funds. Local JAG allocations
to disparate jurisdictions in our county totals $34,675.
This is a grant the community has received before. The City of Muskegon will
continue to act as the fiduciary and receive $21,486, the City of Muskegon Heights
would be a sub-recipient and receive $13,189 and the County of Muskegon would
not receive funding.
Similar to past years, the City of Muskegon’s portion of this grant will be used for the
prosecution of city ordinance cases dealing primarily with neighborhood issues.
STAFF RECOMMENDATION: I move to approve the 2024 JAG Grant Memorandum of
Understanding and authorize the Mayor to sign to receive the grant funds.
Motion by Commissioner Kilgo, second by Commissioner Kochin, to approve the
2024 JAG Grant Memorandum of Understanding and authorize the Mayor to sign to
receive the grant funds.
ROLL VOTE: Ayes: German, Jackson, Kochin, St.Clair, Johnson, and Keener
Nays: None
Abstain: Kilgo
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MOTION PASSES
E. Resolution Revoking an Obsolete Property Rehabilitation Act (OPRA)
Exemption Certificate for Ghezzi Investments LLC Economic Development
Staff has drafted a resolution to revoke the OPRA certificate for the property located
at 1937 Lakeshore Drive.
On March 12th, 2019, the City Commission approved a resolution to establish an
Obsolete Property Rehabilitation Act (OPRA) Exemption Certificate for Richard
Ghezzi, of Ghezzi Investments LLC. The property at 1937 Lakeshore Drive (the former
Harbor Theater in Lakeside) was previously approved for rehabilitation under OPRA
to support a redevelopment project. The project was required to commence within
two years of the certificate’s issuance, with a completion deadline of March 12,
2021. Unfortunately, that project was not completed within the required construction
period, and the property has since changed ownership. A new mixed-use
redevelopment project is now proposed for the site. Staff has prepared a resolution
to revoke the existing OPRA certificate in order to allow the current property owners
to consider future development incentives for the property.
Revoking the existing OPRA certificate is a necessary step to clear the prior approval
and enable the current property owners to pursue a new tax abatement for their
proposed redevelopment project.
STAFF RECOMMENDATION: I move to adopt the resolution revoking the Obsolete
Property Rehabilitation Act (OPRA) Exemption Certificate for Ghezzi Investments LLC
at 1937 Lakeshore Drive.
Motion by Commissioner Kochin, second by Commissioner St.Clair, to adopt the
resolution revoking the Obsolete Property Rehabilitation Act (OPRA) Exemption
Certificate for Ghezzi Investments LLC at 1937 Lakeshore Drive.
ROLL VOTE: Ayes: Jackson, Kochin, St.Clair, Johnson, Kilgo, Keener, and German
Nays: None
MOTION PASSES
F. Amendment to Purchase and Development Agreement: 286/294
Myrtle Planning
Staff is seeking authorization to amend the Purchase and Development Agreement
with RSW Holdings LLC and Barrowstone Capital LLC (approved on June 10, 2025).
In an effort to minimize disruption of established neighboring properties due to
encroachment issues, staff is seeking authorization to amend the Purchase and
Development Agreement with RSW Holdings LLC and Barrowstone Capital LLC
(approved on June 10, 2025) to allow the total number of homes to be built to be
three (3) instead of the currently obligated four (4).
The original number of housing units in this agreement was five (5), reduced to four
(4) after a previously approved amendment. This agreement approved the
purchase of three parent parcels that were to be split into five build-able lots for the
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construction of a single-family home on each lot. The first amendment, approved by
the city commission on 12/9/25, reduced the number of homes to be built on 450
Orchard from two (2) to one (1). 450 Orchard was split into two lots, resulting in a new
address of 454 Orchard. After construction began, the placement of two houses on
this lot resulted in encroachment on neighboring properties.
Another property on the original purchase agreement, 286 Myrtle — later split into
two lots (286 & 294 Myrtle), has been found to also have encroachment issues. The
house on the property to the east straddles the parcel line, as well as, the location of
a neighbor's deck/shed/parking area to the northwest is extending onto the parcel.
Staff is recommending reducing the builders' obligation to one home to be built
here, to combine the current lots (286 & 294 Myrtle) back to one lot, and adjusting
the boundaries to accommodate the encroachment issues.
Staff would like to seek approval for a second amendment for this agreement, and
combine this lot back to its original dimensions and allow the developer to build one
single-family home.
STAFF RECOMMENDATION: To authorize the Code Coordinator to amend the
Purchase and Development Agreement with RSW Holdings LLC and Barrowstone
Capital LLC (approved on June 10, 2025), as described, and to have the Mayor and
Clerk sign the purchase agreement addendum.
Motion by Commissioner German, second by Commissioner St.Clair, to authorize the
Code Coordinator to amend the Purchase and Development Agreement with RSW
Holdings LLC and Barrowstone Capital LLC (approved on June 10, 2025), as
described, and to have the Mayor and Clerk sign the purchase agreement
addendum.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and Jackson
Nays: None
MOTION PASSES
G. Sale of 502 Oak Planning
Staff is seeking authorization to sell the City-owned vacant lot at 502 Oak to David
Arnoldink.
David Arnoldink, would like to purchase the City-owned buildable lot at 502 Oak for
$2,000 (50% of the True Cash Value of $4,000) plus half of the closing costs, and the
fee to register the deed. David Arnoldink will be constructing a duplex and an ADU
on the property.
STAFF RECOMMENDATION: Authorize staff to sell the City-owned vacant lot at 502
Oak to David Arnoldink.
Motion by Commissioner German, second by Commissioner Kochin, to authorize
staff to sell the City-owned vacant lot at 502 Oak to David Arnoldink.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, German, Jackson, and Kochin
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Nays: None
MOTION PASSES
ANY OTHER BUSINESS
Vice Mayor Keener apologized to the Muskegon residents and Commission for the
confusion at last week’s meeting.
Mayor Johnson thanked Vice Mayor Keener for her statements. He apologized to
Commissioner German for interrupting him at last week’s meeting.
Commissioner kilgo stated that Home Depot is having a free trades training program.
The website is pathtopro.com.
Commissioner St.Clair reminded everyone that each January is an opportunity to
apply to be on the City’s boards. Please fill out an application.
GENERAL PUBLIC COMMENT
Public comments received.
ADJOURNMENT
The City Commission meeting adjourned at 7:20 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 27, 2026 Title: DPW Union Contract
Submitted by: LeighAnn Mikesell, Deputy City Department: Manager's Office
Manager
Brief Summary:
Staff is seeking approval of the contract with the SEIU Unit 2 union.
Detailed Summary & Background:
Management and SEIU Unit 2 have reached tentative agreement on changes to the contract, the
union has ratified the changes, and the updated contract has been drafted. Changes will be
implemented once all parties have signed the contract. Pay is retroactive 30 days only. Staff is
seeking an up or down vote on this item as any changes would require re-opening negotiations.
Goal/Action Item:
Administrative Action
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
To approve the labor contact with the SEIU Unit 2 union.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads X
Communication
Legal Review X
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City of Muskegon
And
Service Employees International Union, Local 517M
(Department of Public Works)
Tentative Agreements
Key: new language, previous language to be removed, explanations
1. NEW – Deferred Compensation Account
The Employer agrees to match employee contributions to the Internal Revenue Code Section 457
(Deferred Compensation) Retirement plan on a $1 for $1 basis in the amount of $2000 per
employee per year.
New benefit for this union
2. NEW – Beach Parking or Boat Launch Passes
Each non-resident employee covered by this Agreement shall be provided two (2) non-resident
seasonal beach parking passes. Each resident employee covered by this agreement is entitled to
receive a maximum of two (2) resident seasonal beach parking passes per year, including any passes
granted based on their residency. If requested by the employee, a launch ramp permit will be
issued instead of beach parking passes.
New benefit for this union
3. Section 3 – Recognition
The City recognizes the Union as the exclusive bargaining representative and agent with respect to
rates of pay, wages or salaries, hours of work and other terms and conditions of employment for
permanently appointed, part time and seasonal employees in the following Departments or
Divisions:
Equipment
Highway
Water and Sewer Maintenance
Cemetery
Water Filtration and Pumping
Waste Water Treatment
Traffic Sign Maintenance
Forestry
Parks Maintenance
Building Inspection Department
Engineering Department
Communication
and the Classifications:
Rehabilitation Inspector
Parking Meter Checkers
Horticulturist
Zoning Inspector
excluding all clerical, confidential, supervisory, and managerial personnel.
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If the City elects to refill the positions of Mall Maintenance, Sanitation Operator or Highway
Maintenance Worker, they shall be represented by this Unit.
Job titles are provided in Appendix A, removed potential for error by deleting them from this section.
4. Section 4.1 – Union Security
Upon receipt of a written authorization from an employee, and to the extent permitted by law, the
employer will deduct from the employee’s wages an amount equal to monthly union membership
dues which shall be deducted in a fixed amount each pay period twice per month, regardless of the
employee’s membership status, and remitted to the Union. Once authorized, payroll check-off shall
be irrevocable for a period of one year and automatically renewed each year thereafter, except that
authorization may be withdrawn by sending a written notice to the Union by registered mail during
the period of ten (10) days immediately prior to the annual anniversary date of the contract (Dec.
16th through Dec. 31). The employer agrees to provide this service without charge to the union.
Matches current practice
5. NEW Section 4.6 – Notices to Union
No later than 30 days after the hiring of a new employee, the employer shall provide the
employment and contact information of the employee to SEIU Local 517M. Every 90 days, the
employer shall provide, in Excel format, to SEIU Local 517M the employment and contact
information of the employees represented by SEIU Local 517M.
The employment and contact information provided must include all of the following for each
employee:
(A) First, middle, and last name.
(B) Department or agency.
(C) Classification (as it appears in the Collective Bargaining Agreement).
(D) Address of primary work location.
(E) Home address.
(F) Personal phone number.
(G) Personal email address.
(H) Work email address.
(I) Date of hire.
(J) Employee identification number, if applicable.
(K) Full-time or part-time employment status.
(L) Wage (hourly and annual).
6. Section 5 – Deduction of Dues
Employees may, in writing on forms provided, direct the City to deduct from their wages twice each
month the amount of their union dues to the Union. The City agrees to comply with such written
authorization received by the City Finance Director from the employee for the personal payroll
deduction or membership dues, or their equivalent. Said deductions shall be withheld from the first
two payroll periods in each month and delivered by lump sum payment to the Secretary/Treasurer
designated by the Union. Such sum is to be delivered to the Union within five (5) days of deduction
along with a complete dues deduction list.
Matches current practice
7. Section 9-Grievance Procedure
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Step 2 - If the matter is not settled at Step l, the Union may submit, within the three (3) work days
following the oral answer, a written and signed "Statement of Grievance" to the immediate
supervisor Department Head. The "Statement of Grievance" shall name the employee involved,
shall state the facts giving rise to the grievance, shall identify all the provisions of this Agreement
alleged to be violated by reference, shall state the contention of the employees and of the Union
with respect to these provisions, indicate the relief requested, and be signed by the grievant and an
authorized Union representative. Within three (3) working days following next after the personal
receipt of the Statement of Grievance, the supervisor Department Head shall submit a written
answer to the employee and to the Union upon the grievance form or attached thereto. If the
matter is settled at Step 2, the employee shall sign the grievance stating that result.
Step 3 - If the matter is not settled at Step 2, the Union may appeal the matter, within three (3)
working days next following the submission of the written answer, to the Division Department Head;
who shall either (a) issue a written disposition within three (3) working days next following personal
receipt of the written appeal, or (b) within the same period of time, initiate and hold a meeting with
all parties involved in the dispute to date and the Division Department Head. The Division
Department Head shall submit a written disposition of the matter within forty eight (48) hours next
2 working days following the conclusion of the meeting. If the matter is settled at Step 3, the Union
shall sign, stating that result. If the "supervisor" in Step 2 1 is the same person as the "Department
Head" in Step 3 2, Step 3 2 may be skipped and the matter may proceed immediately to Step 4 3.
8. Section 13 – Temporary Seasonal Employees
Temporary Seasonal Employees shall be those individuals hired through a temporary employment
agency to perform the functions of seasonal beach maintenance worker, seasonal leisure service
maintenance worker, seasonal leisure service maintenance worker I, and seasonal laborer. As to
those individuals, the following applies.
Temporary Seasonal Employees shall be those individuals hired through a temporary employment
agency to perform the functions of seasonal beach maintenance worker, seasonal parks
maintenance worker, and seasonal laborer. As to those individuals, the following applies.
13.1 “Individuals listed on Appendix A shall attain permanent status only upon completion of twelve
(12) continuous months of employment at the City without interruption, or through promotion or
transfer.”
13.5 “The duties of a Temporary seasonal employee. Those provided in the job descriptions of
seasonal beach maintenance worker, seasonal leisure service maintenance worker, seasonal leisure
service maintenance worker I, and seasonal laborer.”
13.5 The duties of a Temporary seasonal employee. Those provided in the job descriptions of
seasonal beach maintenance worker, seasonal parks maintenance worker, and seasonal laborer.
13.5(A) The City of Muskegon may use qualified temporary employees for functions/positions
previously not allowed to a maximum of three (3) positions total (City-wide) from December 1st to
March 1st. City retirees or laid-off employees will receive preference for these three (3) positions as
long as they are qualified. These positions can only be utilized if regular Union employees are not
available or after regular Union employees are called for overtime purposes, which calls will be
limited to employees within the department that the work occurs. These positions may not be
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utilized if there are Union employees laid off in that department. Section 14.5 13.5 shall not apply
to these three positions.
Updated job titles and fixed reference
9. Section 15.7 – Vacancies and Job Openings
No employee who is a successful bidder, and is employed in a new position, under the promotion
provisions of this Agreement shall have the right to bid on any job opening for a period of six (6)
calendar months from the date of the successful bid., except for employees in the Laborer
classification, in recognition of the promotional intent with that classification.
10. Section 15.8/16 – Non-Promotional Transfer
SECTION 16 NON PROMOTIONAL TRANSFERS Employees shall not have the right to a non
promotional transfer after February 1, 1992.
To replace Section 16, Add 15.8 All employees, regardless of classification, must apply and follow the
Civil Service process for the job posting.
11. Section 17 – Promotions, Demotions, and Transfers
A promotion shall be defined as moving into a classification with a higher pay range than the current
classification. A demotion shall be defined as moving into a classification with a lower rate of pay
than the current position. A transfer shall be defined as moving into a classification with equal pay
to the current position.
17.2 Any employee filling a vacancy of a promotional nature within the unit for which he has not
been previously classified shall be given up to six (6) calendar months to prove his ability. If unable
to qualify, he shall be returned to his former position, without prejudice, at the rate of pay for such
position. An employee may voluntarily return to his former position, within 30 days of promotion,
without prejudice, at the rate of pay for such position. An employee may elect voluntarily to return
to his former position once in a calendar year. Failure of probation shall be deemed a voluntary
return for purposes of subsequent promotions.
17.3 From the date of entering the classification, the employee shall be paid at the minimum rate
agreed upon for the classification, and shall be subject to the six (6) calendar months probationary
period covered above; provided any employee appointed to a job by promotion, demotion, or
transfer, carrying a lower starting rate than the rate received at the time of appointment, shall
continue to receive start at the step closest to and not less than the rate received at the time of
appointment, and shall continue to receive increases until the top for the working classification is
received, subject to the provisions of the wage schedule adopted by virtue of this Agreement.”
17.4 Any employee may exercise his prerogative to refuse promotion or transfer without bias or loss
of seniority. However, pursuant to Section 17 of this Agreement, employees do not have the right
to a non promotional transfer.
Clarifying language
12. NEW 18.6 – Working Hours
The standard workday for employees working the weekend shift shall consist of eight (8) hours per
day for first shift operations where the majority of such hours fall between 7:00 A.M. and 5:00 P.M
on a Saturday or Sunday. Meal period allotments and rest period breaks shall apply as they pertain
in Sections 21 and 22, respectively. Pay for a full shift period shall be a sum equivalent to eight (8)
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times the regular hourly rate plus a 20% shift premium. The weekend shift premium combines with
applicable second and third shift premiums when the assigned hours fall within the definitions
provided in 18.3 and 18.4. This does not apply to seven-day continuous operations. Weekend shifts
cannot be mandated. Holidays will be observed on the scheduled work day closest to the holiday.
Added a non-mandatory weekend shift.
13. NEW Section 19.11 – Compensatory Time
A. Compensatory time (CT) must be declared by the employee on their time sheet within the pay
period worked. No more than 50% of the total overtime hours worked in a single day may be
declared CT.
B. Employees are allowed to earn a maximum of eighty (80) hours of CT in a calendar year. Such
time will be accrued as it would have been paid (time and one-half or double time). Employees
shall be allowed to carry over a maximum of 20 hours to the next calendar year. Any time
accrued over the 20 hours will be paid out to the employee at the end of the year.
C. Any unused CT shall be paid upon an employee's separation, retirement, or death. Payment
shall be made at the rate of pay in effect at the time of retirement, separation, or death and
included in the final paycheck.
D. The use of any CT will be determined by the Supervisor. CT must be requested at least twenty-
four (24) hours in advance of the time requested. CT must be taken in one-hour increments with
a minimum duration of four hours.
New benefit for employees.
14. Section 19 – Overtime and Holiday Pay
19.3 Employees who worked the last scheduled day preceding and the first scheduled day following
a paid holiday shall receive holiday pay, which is in an amount equal to eight times the regular
hourly rate. Said employees, if required to work on a holiday set forth in this Agreement, shall
receive the said holiday pay and shall in addition be paid at double their hourly rate of pay for all
time worked on the holiday. during the first eight hours worked on any shift that starts on such
holiday, for time worked on the calendar holiday in excess of the first eight hours worked on said
shift starting on the holiday, and for time worked on a holiday in excess of eight hours worked on a
shift that starts the previous day and runs over into the holiday. No pyramiding shall result to
provide pay in excess of the holiday pay and double time for the above designated hours worked.
19.6 If in any work week, as the result of a shift change, an employee is permitted to, or required by
the City to, work and is not permitted, or required by the City, to work the number of hours in the
then established weekly working schedule of his new shift, he will be reimbursed for time lost as a
result of such shift change. As the result of a shift change required by the Employer, an employee
will be reimbursed for time lost under 40 hours in a work week.
19.8 When the supervisor determines there is a need for overtime, the supervisor will ask all
employees qualified and who have signed up for overtime during that pay period to work first and
then will ask qualified seasonals. Overtime sign-up periods will be for one week, running from
Friday at 7:30 am through the following Friday at 7:29 am. The signups will be posted a minimum of
30 days before and close 1 week before the beginning of the overtime period.
19.9 If no one accepts the overtime, the supervisor will assign the mandatory overtime to anyone
capable of doing the work who has signed up for overtime during that period, provided the work is
within their job description. If the need exceeds the number of employees who have signed up,
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then the supervisor will choose someone within the department who has the lowest worked
overtime hours to perform the mandatory overtime. If two or more employees have the same
lowest worked overtime hours, then the least senior will be assigned the mandatory overtime.
Employees failing to show for mandatory overtime as outlined above will be considered to have
failed to follow the proper directive of a supervisor and are subject to discipline. Scheduled
overtime, which is not covered by this paragraph, will be posted as far in advance as possible.
19.10 The first overtime list of each year (Jan.1-Dec. 31) will be assigned out by seniority. All
subsequent lists for the year will be assigned based on hours worked. If hours worked between
employees are equal, the most seniority will be chosen first. Simplification of process for tracking
overtime. Overtime will no longer be equalized within 10% of the median.
15. Section 22 – Rest Periods
22.1 An employee will be accorded two (2) paid rest periods of fifteen (15) minutes each on the
scheduled shift which may be used as "coffee breaks", as governed by departmental regulations;
provided the right of reasonable temporary relief at other times shall not be eliminated.
The following regulations shall apply to those employees falling within any of the following
circumstances:
GROUP A Those employees located and working at permanent and stationary work stations shall
comply with the provisions of Section 23, provided that reasonable exceptions shall be allowed with
the approval of the department's supervisor.
GROUP B Those employees working on a crew assigned to a specific job other than a stationary and
permanent work location shall have appropriate arrangements made whereby either the foreman,
or one member of the working crew, shall pick up coffee for all members of the crew. Reasonable
sanitary measures will be provided where required. The employer shall allow for reasonable
exceptions to these regulations, including the use of City vehicles, when required or necessitated
due to adverse weather conditions and physical hardship or safety requirements.
GROUP C 22.2 City vehicles shall not be used for personal business, including during break times,
unless authorized by a supervisor. No City vehicle shall be on private property except as incidental
to the normal working day, except as authorized by a supervisor. At no time shall the total
incidental time exceed the authorized break time.
Removed language that no longer applies.
16. Section 23 – Vacations
23.1 Vacation time shall be accumulated as follows:
Hourly Rate Employees
For each increment of 208 hours of straight time worked during the preceding calendar year, an
hourly rate employee shall accumulate:
One day, but not to exceed ten (10) days per year, during the first six (6) years of continuous service.
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One and one half days, but not to exceed fifteen (15) days per year, beginning the seventh (7th) year
through fourteen (14) years.
Two days, but not to exceed twenty (20) days per year, beginning the fifteen (15) years of
continuous service.
Effective January 1, 2020, two-and-one-half days, but not to exceed twenty (25) days per year,
beginning upon completion of twenty-four (24)) years of continuous service.
Effective January 1, 2023, two-and-one-half days, but not to exceed twenty (25) days per year,
beginning upon completion of twenty-one (21) years of continuous service.
Salaried Employees
Salaried employees shall accumulate:
One day per month of employment but not to exceed ten (10) days per year during the first six (6)
years of continuous service.
One and one quarter days per month but not to exceed fifteen (15) days per year beginning the
seventh (7th) year through fourteen (14) years.
One and three fourths days per month but not to exceed twenty days per year beginning fifteen
years of continuous service.
Effective January 1, 2020, two-and-one-quarter days per month, but not to exceed twenty (25) days
per year, beginning upon completion of twenty-four (24)) years of continuous service.
Effective January 1, 2023, two-and-one-quarter days per month, but not to exceed twenty-five (25)
days per year, beginning upon completion of twenty-one (21)) years of continuous service.
Vacation will be accrued and awarded as follows:
A. For the purposes of identifying a “service milestone,” the following shall apply:
1. The first (1st) anniversary date of employment.
2. The first day of the employee’s 7th year of continuous service.
3. The first day of the employee’s 15th year of continuous service.
4. The first day of the employee’s 21st year of continuous service.
B. Employees shall accrue vacation time as follows:
Years of Continuous Service Annual Vacation Award
Date of hire through 6th year 80 hours per year
7th through 14th year 120 hours per year
15th through 20th year 160 hours per year
21st year and beyond 200 hours per year
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Vacation hours shall be awarded on January 1 of each calendar year and made available for use
according to the provisions of this section.
C. Employees who have not completed one full calendar year of employment as of January 1 shall
receive a prorated vacation award based on their length of service in the preceding calendar year, at
a rate of eight (8) hours per full month of employment, up to a maximum of eighty (80) hours.
Vacation hours may not be used until the employee has completed six (6) months of continuous
employment.
Examples:
• An employee hired on March 1 will have worked ten (10) full months by the following January
1 and will receive the full 80-hour award. These hours may be used immediately since the
employee has completed six (6) months of service.
• An employee hired on September 1 will have worked four (4) full months by the following
January 1 and will receive 32 hours of vacation. Because they have not yet completed six (6)
months of service, vacation may not be used until March 1.
D. When an employee reaches a new service milestone, the difference between the vacation hours
associated with the new milestone and the number of hours awarded on January 1 of that year shall
be credited to the employee on their anniversary date of service.
Examples:
• An employee who is awarded 80 hours on January 1 and reaches their 7th anniversary in July
will receive an additional 40 hours (the difference between 120 and 80) on their anniversary
date.
• An employee who is awarded 120 hours on January 1 and reaches their 15th anniversary in
September will receive an additional 40 hours (the difference between 160 and 120) on their
anniversary date.
E. Employees who complete their initial six (6) month probationary period during the calendar year
shall receive the difference between the prorated vacation hours awarded on January 1 and the full
eighty (80) hours associated with completion of their first year. This adjustment shall be credited to
the employee on their one-year anniversary date.
Example:
An employee hired on May 1, 2026 received 56 hours on January 1, 2026, based on seven
months of service in 2025. Upon completing their one-year anniversary on May 1, 2027, they
shall receive an additional 24 hours, bringing their total for the year to 80 hours.
F. Vacation hours credited mid-year, whether due to reaching a service milestone or completion of
the probationary period, shall be available for use after the next paycheck has been processed
following the anniversary date.
Simplified accrual language and clarified award language.
17. Section 24 – Sick Leave
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24.1 Employees shall earn sick leave on a bi-weekly basis for straight hours actually worked.
Employees shall earn 0.0461 hours of sick leave per straight time hour actually worked 3.7 hours per
pay period. Employees may not earn more than 96.2 hours of sick leave within 26 pay periods.
24.2 Employees may draw upon the remaining balance of hours in the union established sick leave
bank in accordance with standards and procedures set up by the union’s committee to oversee the
bank. Once the remaining hours have been allocated, the sick leave bank will close, and this
language will expire. Union sick leave bank no longer receives contributions.
24.3 Sick leave shall be canceled for time an employee would have worked during the normal work
week, and shall be paid for at the rate 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, shift premium or any other supplemental pay. Sick leave shall be taken in
increments of fifteen (15) minutes.
24.4 An employee may request anticipated sick leave during the first year of employment which, if
granted, shall be deducted from future earned sick leave. During the first year of employment,
employees are eligible to complete a “Use of Anticipated Sick Leave” form in the event that they
become ill and do not have enough leave time to cover their absence. Anticipated leave is subject to
supervisor and City Manager approval. When the employee returns to work, they will have a
negative sick leave balance and continue to accrue hours at their normal rate.
24.5 Sick leave will be taken only for the following reasons, will be compensated for under the
following conditions, and must be communicated at the time of request. If the need to use earned
sick time is foreseeable, Employer reserves the right to require advance notice, not to exceed seven
(7) days prior to the date the earned sick time is to begin, of the intention to use the earned sick
time. If the need for the earned sick time is not foreseeable, Employer reserves the right to require
notice of the intention as in either of the following manners:
1. As soon as practicable; or
2. Subject to any policy Employer may develop related to requesting sick time.
(a) The employee’s mental or physical illness, injury, or health condition; medical diagnosis,
care, or treatment of the employee’s mental or physical illness, injury, disease, or health
condition or preventive care for the employee.
(b) For the employee’s family member’s mental or physical illness, injury, or health condition;
medical diagnosis, care, or treatment of the employee’s family member’s mental or physical
illness, injury, disease, or health condition or preventive care for a family member of the
employee.
(c) If the employee or the employee's family member is a victim of domestic violence or sexual
assault, for the medical care or psychological or other counseling for physical or psychological
injury or disability; to obtain services from a victim services organization; to relocate due to
domestic violence or sexual assault; to obtain legal services or to participate in any civil or
criminal proceedings related to or resulting from the domestic violence or sexual assault.
(d) For meetings at a child’s school or place of care related to the child’s health or disability, or
the effects of domestic violence or sexual assault on the child.
(e) For closure of the employee's place of business by order of a public official due to a public
health emergency; for an employee’s need to care for a child whose school or place of care has
been closed by order of a public official due to a public health emergency.
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(f) When it has been determined by the health authorities having jurisdiction or by a health care
provider that the employee's or employee's family member's presence in the community would
jeopardize the health of others because of the employee's or family member's exposure to a
communicable disease, whether or not the employee or family member has actually contracted
the communicable disease.
“Family member”, for the purposes of this Article includes all of the following:
(i) a biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, or
a child to whom the eligible employee stands in loco parentis;
(ii) a biological parent, foster parent, stepparent, or adoptive parent or a legal guardian of an
eligible employee or an eligible employee's spouse or domestic partner or an individual who
stood in loco parentis when the eligible employee was a minor child;
(iii) an individual to whom the eligible employee is legally married under the laws of any state or
a domestic partner;
(iv) a grandparent;
(v) a grandchild;
(vi) a biological, foster, or adopted sibling.
(vii) any other individual related by blood of affinity whose close association with the employee
is the equivalent of a family relationship.
Such absence shall be deducted from sick leave on a fifteen (15) minute basis.
Added language aligns with ESTA.
24.7 An employee who uses more than three (3) days of consecutive sick leave will be required to
provide documentation that the sick leave was used for permissible purposes. Such documentation
should not include a description of the illness or details of the violence (per ESTA). The employee
will have fifteen (15) business days after the request to provide this documentation. The cost of
securing the medical documentation will be paid by the employee and reimbursed by the Employer
as required by the Earned Sick Time Act (ESTA). In the event that a physician deems sick leave is
needed for more than three days, the employee is required to contact the Human Resources
Department to determine if filing for Family Medical Leave Act (FMLA) would be required. If filing
for FMLA, employees must follow appropriate FMLA procedures for returning to work. The
employer may require verification of sick leave of less than three (3) days if the employee has shown
a pattern which would indicate misuse of sick leave. Revised language to better align with FMLA
and ESTA.
24.13 On June 1 of each year, the City shall prepare a list of employees who have 130 or more hours
of accumulated hours in sick leave bank. Such list shall be provided to the Union as soon as practical
after its preparation. The list is valid until the following June 1 list is prepared and disseminated. The
provisions of Section 25.14 are not applicable to any employee on the above-referenced list. For
employees not listed on the above provided list If an employee is absent without time in their sick
leave bank to cover such time, the employee shall be charged for the "cost of benefits." The "cost of
benefits" shall be 50% of the employee’s actual pay. (By way of example, if an employee not listed
on the above referenced list had 16 hours in their sick leave bank and was absent Monday, Tuesday,
and Wednesday, the employee would be paid and not charged for their benefits for Monday and
Tuesday. The employee would not be paid and would be charged the cost of benefits for
Wednesday.) The charge for the cost of benefits shall be deducted from subsequent paychecks.
Employees on approved leaves, i.e., approved FMLA leave or approved leave from the Civil Service
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Commission, shall not be obligated to pay the "cost of benefits." Employees may cash out unused
sick leave in accordance with the Employer’s existing program.
24.14 When an employee’s sick bank is depleted, they may be excused from work as long as a
medical certificate is provided and pay the cost of benefits for up to two (2) incidents. An incident is
defined as a singular event or occurrence for a time period from 15 minutes up to one (1) day. After
the second such incident, for each subsequent incident, the employee shall pay the cost of benefits,
the incident will be considered an unexcused absence, and discipline shall be imposed as a Group 1
offence. Previous language allowed four incidents with no time limit on each incident.
18. Section 25 – Legal Holidays
Legal holidays to be observed with pay are:
A. Paid holidays for City Hall-based employees are designated as follows:
New Year's Day Veteran's Day
Martin Luther King's Birthday Thanksgiving Day
Memorial Day Day after Thanksgiving
Juneteenth Day before Christmas
Independence Day Christmas Day
Labor Day Day before New Year's
B. Paid holidays for non-City Hall-based employees are designated as follows:
New Year's Day Thanksgiving Day
Memorial Day Independence Day
Juneteenth Labor Day
Christmas Day Day before New Years
Day before Christmas
Added Juneteenth per LOA language.
19. Section 26.2 – Personal Leave Day
26.2 Each non based City Hall non-City Hall-based employee shall be entitled to five (5) personal
leave days per year. The personal leave time shall be taken subject to notice twenty four (24) hours
in advance of the time requested. The manpower needs as determined by the department
supervisor shall prevail in the scheduling and use of said personal leave. If not requested, the time is
lost and cannot be taken as time off. Personal leave day benefits may be taken in one-hour
increments if approved by the Department Supervisor, except as modified in paragraph 27.6 26.6 for
the Water Filtration Plant.
20. Section 32 – Health and Welfare
32.6 The City will reimburse an employee for the amount the employee spends in a year to purchase
work boots and work-related clothing, up to a maximum of three hundred ($300) dollars per year, if
the employee provides a receipt showing that the employee purchased such items. The “year’ for
purposes of this reimbursement is the city’s fiscal year (July 1 to June 30). Any partial fiscal years
included in the term of the 2022-2025 contract will include a prorated amount of the full three
hundred ($300) reimbursement.
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21. Section 34 – Insurance
The City’s minimum payment of the Health Reimbursement Account (HRA) deductible ($1000 per
individual; $2000 per double or family) and co-insurance is contingent upon both the employee and
spouse (if any) participating in the wellness program. Added co-insurance which has been the
practice for several years.
During the life of this agreement, the employer will provide and pay for a dental and vision plan for
all eligible employees, spouses, and dependents. The employer will pay 50% of orthodontia services
up to a maximum of $2,000 for each child through age 17. Clarified the ongoing practice for
orthodontia coverage.
22. Section 36 – Wage and Salary Agreement
36.1 A wage and salary agreement set forth in Appendix A attached hereto shall be observed during
the term of this Agreement. Pursuant to MCL § 423.251b, aAfter the expiration date of a collective
bargaining agreement and until a successor collective bargaining agreement is in place, a public
employer shall pay and provide wages and benefits at levels and amounts that are no greater than
those in effect on the expiration date of the collective bargaining agreement. Accordingly, there will
be no retro pay.
36.5 Minimum wage increases
1-1-2026 1.5%
7-1-2026 1.5%
7-1-2027 1.5%
7-1-2028 1.5%
The wage and salary schedule attached as Exhibit A reflects a 1.5% increase effective January 1,
2026, 1.5% increase effective July 1, 2026, 1.5% increase effective July 1, 2027, and a 1.5%
increase effective July 1, 2028. The percentage increase reflected on Exhibit A shall be the
minimum increase. For pay rates effective January 1, 2026, and each January 1st thereafter, to
the extent that the August 12-month Consumers Price Index for the Detroit-Warren-Dearborn,
Michigan all items, not seasonally adjusted, is greater than the increase reflected on Exhibit A,
then those position which would not receive an increase equal to the increase of the Consumer
Price Index shall receive an increase commensurate with the increase in the Consumer Price
Index. Each July 1st thereafter (including July 1st of 2026), the April 12-month Consumers Price
Index for the Detroit-Warren-Dearborn, Michigan all items, not seasonally adjusted, is greater
than the increase reflected on Exhibit A, then those position which would not receive an
increase equal to the increase of the Consumer Price Index shall receive an increase
commensurate with the increase in the Consumer Price Index. (For instance, if the Consumer
Price Index between October 2021 and October 2022 increases by 4%, then those positions
receiving a 3% increase reflected in Exhibit A would receive a 4% increase, those positions
receiving a 4% increase reflected in Exhibit A would receive a 4% increase and those positions
receiving a 5% increase reflected in Exhibit A would receive a 5% increase. This process is
repeated for January 1, 2024 and January 1, 2025.) No later than November May 15, 2026 and
each November May 15th thereafter, City shall recalculate Exhibit A, provide the revised Exhibit
A to the Union and implement the revised Exhibit A if the Union does not file a grievance with 5
business days of being provided the revised Exhibit A. If the Union files a grievance concerning
the proposed revised Exhibit A, then salary and wages shall remain the same as paid in the
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current year until the issue is resolved or an arbitration award is issued, and the appeal period
has expired.
36.9 Each employee on the payroll as of January 1, 2026 shall receive a one-time bonus of
$1,000.00. Increased from $700
36.7 The 5 Years Step 7 rate shall be set in Appendix A consistent with Section 36.5. The start rate
shall be 80% of the 5 Year Step 7 rate for salary job classifications and 85% of the 5 Year Step 7 rate
for hourly job classifications. There shall be seven (7) steps between the start rate and the 5 Year
Step 1 and Step 7. An employee shall move from Start rate Step 1 to 6 Months Step 2 upon
satisfactorily completing probation. Progression from one step to the next step, excluding the move
to 6 months Step 2, shall occur on July 1 of each year.
36.8 In addition to Section 36.6, City the Employer may start a new employee at the 6 Months rate
Step 2 and advance the new employee to the 1 Year rate Step 3 after 6 months, so long as the
employee has passed probation, with all subsequent advances occurring on July 1, as provided for in
Section 36.7.
23. Section 46 – Job Classifications and Job Descriptions
46.3 In all Leisure Service facilities, LSM II’s are permitted to use any piece of equipment. To the
extent that an LSM II has a CDL with an A endorsement, the individual shall be paid the same as
Equipment Operator.
46.4 “It is the employee’s responsibility to keep all certificates current and licenses required by job
descriptions or compensation current. Failure to maintain such may result in the employee being
taken off payroll until the certifications are obtained suspended without pay if the primary job
functions cannot be performed without the certification. Employees have to obtain their
certification at the first available opportunity or they will be terminated. It is the responsibility of the
employee to ensure they apply for and sit for any exam required for certification.”
Add 46.5 The following classifications in Appendix A require State of Michigan drinking water
licenses: Chemist, Chief Water Operator, Water Filtration Maintenance Worker, and Water Filtration
Plant Operator, Water Meter Service Worker, Water/Sewer Maintenance Worker, and Meter
Reader.
46.6 If an employee in a classification listed in Section 46.5 is unable to obtain certification
within the 6-month probationary period, they will be permitted to pass their probationary
period, subject to all other requirements of this agreement. Beginning on the date in which the
employee passes probation, they will have two (2) years to obtain the necessary certification. Failure
to obtain the required certification within two (2) years from the date of hire will result in
termination with no right to return to their former position. The Department Head will notify the
Union in writing of any employee who has passed probation but still needs to obtain the necessary
licenses.
46.7 The following classifications require a certain license or certification: Urban Forester with Tree
Trimmer, Parks Maintenance Worker II with CDL, Water Sewer Maintenance Worker with S License.
For the purposes of this requirement an S License refers to S 1, 2, 3, or 4.
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Employees in the classifications of Urban Forester, Parks Maintenance Worker II, or Water Sewer
Maintenance Worker will be promoted at the next pay period after receiving the required license or
certification.
Employees in the classification of Urban Forester with Tree Trimmer, Parks Maintenance Worker II
with CDL, or Water Sewer Maintenance Worker with S License who lose their license or certification
will be demoted at the next pay period.
Example:
• Urban Forester with Tree Trimmer demoted to Urban Forester
• Parks Maintenance Worker II with CDL demoted to Parks Maintenance Worker II
Water Sewer Maintenance Worker with S License demoted to Water Sewer Maintenance
Worker (the employer will need to establish this classification and add to Range 15)
Solves a current concern with obtaining and maintaining licenses
24. Section 47.2 – Contracting Out Work
47.2 General labor work of the type normally performed by employees of this bargaining unit may
be performed by people assigned through a prison, jail or court ordered program, e.g., Camp
Muskegon personnel, Muskegon County Jail prisoners, etc. The City may use such programs only if
the City in the current month is employing the same number of seasonal employees, to a maximum
number of fifteen (15), as were employed in the same month in the previous year. The maximum
number of protected positions, fifteen (15), which must be filled prior to the use of prisoners in the
month in question, shall consist of ten (10) seasonal maintenance workers, which shall be hired first,
and five (5) seasonal laborers.
Seasonal maintenance workers not on the recall list shall be selected in the sole discretion of
management.
By way of further explanation, if in a given month in the previous year the City was not employing
any seasonals, the prison programs may be utilized without regard to employment of seasonal
maintenance workers or seasonal laborers. If in the same month in the previous year there were
twelve (12) seasonal maintenance workers and/or seasonal laborers employed, the City must
employ ten (10) seasonal maintenance workers and two (2) seasonal laborers prior to the utilization
of any prison program for that month. If in the same month in the previous year there were in
excess of fifteen (15) seasonal maintenance workers and/or seasonal laborers employed, the City
must employ ten (10) seasonal maintenance workers and five (5) seasonal laborers prior to the
utilization of any prison program for that month.
The prison programs may not supplant full time non seasonal employees or result in the layoff of full
time non seasonal employees or the continuance thereof. The prison program is intended to
supplement the City work force as constituted for normal City work."
25. Section 49 – Call-in Procedure
49.1 All employees who will be tardy or absent from work must call in by the normal starting time,
unless there is a reasonable explanation as defined by Appendix G. Tardy is defined as the first 30
minutes within the start time. Absent is defined as being over 30 minutes past the start time. An
employee who fails to call in before the normal start time shall be disciplined as a Group 1 offense.
An employee who calls in late, even if not disciplined, will not be paid for that day and will not be
allowed to use a sick leave day, personal leave day or vacation day in order to be paid that day. If an
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employee calls in on time but has no sick leave bank, the employee will be disciplined unless the
absence is authorized by evidencing a medical certificate as specified in Section 25.8 or authorized in
the supervisor's discretion.
49.2 An employee who is tardy and calls in before the normal start time shall be counted as tardy
and shall make up the amount of time they are tardy within the pay period. After 5 tardies have
accumulated in not more than one year, the employee shall be disciplined as a Group 1 offense for
each subsequent tardy. An employee who is tardy and fails to call in before the normal start time
may be disciplined as a Group 1 offense.
26. Section 50 – Commercial Drivers License
50.1 The following positions are required to obtain and maintain the appropriate type of C.D.L. with
pertinent endorsements.
Classification Type Endorsement(s)
Electronics Technician B Air Brakes
Maintenance Electrician B Air Brakes
Sign Fabricator B Air Brakes
Mechanic A Air Brakes, Tank
Water & Sewer Maintenance Worker
w/S license B Air Brakes, Tank
Water & Sewer Maintenance Worker B Air Brakes, Tank
Equipment Operator A Air Brakes, Tank
Traffic Sign Maintenance Worker B Air Brakes
Cemetery Maintenance Worker A Air Brakes
Small Equipment Mechanic A Air Brakes
Parks Maintenance Worker II with CDL A Air Brakes
Urban Forester w/ Tree Trimmer A Air Brakes
Urban Forester A Air Brakes
Horticulturalist A Air Brakes, Tank
Corrects references to new job titles
50.2 All employees in classifications specified in Section 50.1 shall be required to
have the C.D.L. and endorsements at the conclusion of the probationary period. If an
employee does not have the required C.D.L. and endorsement by the conclusion of
the employee's probationary period, the Director of Public Works may extend
probation by thirty (30) additional calendar days upon mutual agreement by the
Employer and Union; and provided the Employer notify the Union and Employee in
writing not less than five (5) days before the expiration of the probationary period. If
additional time is needed beyond the thirty (30) day extension, then the Employer and
Union will discuss. All probationary period extensions will be by mutual agreement
between the Employer and Union. If probation is extended, the employee's wages
will not change until the employee passes probation. Loss of the C.D.L. and/or
endorsements shall result in termination except as described in 46.7.
27. Sections 51 & 52 – Retirement
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51.6 DISABILITY BENEFITS. Effective April 1, 2007 an Employee eligible for duty-related disability
benefits, as determined by MERS, shall receive those disability benefits afforded by MERS (MERS D-
2).
52.1 ELIGIBILITY. The Defined Contribution Retirement Plan shall be available to all members of this
unit that entered the unit after January 1, 2006., and any current employees who have opted to quit
the Defined Benefit Retirement Plan and opted to join the Defined Contribution Retirement Plan. A
decision to opt out of the Defined Benefit Retirement Plan and to join the Defined Contribution
Retirement Plan is irrevocable.
28. SECTION 53 – DRUG TESTING
All employees covered by this contract shall be covered by the City's drug and alcohol policy. Drug
testing will be applied as provided for in Appendix F. Random drug testing will apply only to
employees in positions requiring a C.D.L. as specified in Section 51.150.1.
29. Section 54 – Duration
This Agreement shall be in effect from January 1, 2026 to June 30, 2029, inclusive, and from year to
year thereafter subject to sixty (60) calendar days' notice in writing prior to the expiration of this
Agreement of a desire to amend or modify this Agreement. All provisions of this Agreement not
specifically amended or modified through subsequent written agreements shall remain in full force
and effect.
Changed effective dates of the contract and removed language regarding what needed to be
included in the notice given. Other dates in this section were updated to match the duration of the
new contract.
30. Appendix A – Wage Matrix
List Steps 1-7
Add Code Compliance Inspector
Change the LSM positions (parks depart. and forestry) in the CBA to reflect the current job title.
LSM III with Tree Trimmer Urban Forester
LSM II with CDL Parks Maintenance Worker II with CDL
LSM II with CDL Cemetery Caretaker
LSM II with CDL Arborist
LSM I Parks Maintenance Work I
31. Appendix C – Certification Pay
CITY OF MUSKEGON - S.E.I.U. LOCAL 517M UNIT 2
APPENDIX C
RE: WATER AND MASTER AUTOMOTIVE SERVICE EXCELLENCE (ASE) LICENSES
Effective January 1, 2022, the following maximum annual bonuses shall be in effect for employees of
the Water Filtration Plant and employees of the Water/Sewer Maintenance Division Department
possessing State of Michigan Health Department EGLE Operator's Certificate.
F-1 Certificate $1,300.00
F-2 Certificate $1,000.00
F-3 Certificate $ 650.00
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S-1 Certificate $1,000.00
S-2 Certificate $ 800.00
S-3 Certificate $ 600.00
Effective 1/1/09, the requirement to pay Employees for licenses when they are required for their
position will be eliminated. The City agrees that this would only apply to new employees in these
positions and would not affect payments being made to current employees. Annual payments of
$140 for maintaining an S-4 certificate will continue to be made to Michael Armstrong, Robert
Holstrom, Joseph Huffman, Dan Love Jr., and Elton Williams.
The following maximum annual bonus shall be in effect for employees in a Mechanic position and
possessing master Automotive Service Excellence (ASE) Certificate.
Master ASE Certificate $1,500.00
Payouts will be in one lump sum in December of each year. This payment will be in conjunction with
the December longevity payment.
City shall pay to maintain the CDL and necessary endorsements, i.e., the difference between a
normal driver's license and the amount required for the CDL with endorsements for employees who
do not receive any other monies pursuant to Appendix C.
ADD: Emergency Vehicle Technician (EVT) $500 certification pay (from LOU dated 11-29-22)
APPENDIX C - Continued
(Water Licenses) - Effective 1/1/09, the requirement to pay Employees for licenses when they are
required for their position will be eliminated. The City agrees that this would only apply to new
employees in these positions and would not affect payments being made to current employees.
Instead, the following payment schedule is offered for the upgrade of licenses:
F-1 $1,000
F-2 $ 700
F-3 $ 350
S-1 $ 750
S-2 $ 500
S-3 $ 300
Payouts will be in one lump sum in December of each year. This payment will be in conjunction with
the December longevity payment.
32. Appendix G – Answering Service
CITY OF MUSKEGON
LOCAL #517M
APPENDIX G
The 24 hour call-in number for the Department of Public Works will be operated
by our answering service, Community Telephone, and will be supervised 24
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hours a day.
CALL IN NUMBER
231-737-3878231-737-2680
Employees will report the following information;
• Name
• Department
• Phone Number
• Reason for absence
• Expects to return to work date
You will receive a verification number from Community Telephone which will be
your confirmation of receipt of this information by the City of Muskegon.
33. Clarifying Items
Use gender neutral language.
Change “City” to “Employer”
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THIS AGREEMENT, effective this 1st day of January, 20222026,
A.D., by and between the City of Muskegon, a Michigan Home Rule
City, hereinafter designated as the "Employer", and Local 517M,
Unit 2 of the Public Employee's Union of Southwestern Michigan,
hereinafter referred to as the "Union", under the provisions of
the Public Employee Relations Act, 336 of the Public Acts of
1947, as amended, WITNESSETH:
SECTION 1 - PURPOSE
It is the purpose and intent of the parties to this Agreement
that its results shall promote mutual cooperation and further
the welfare of the City of Muskegon and its employees; insure a
spirit of confidence and cooperation between the Employer and
its agents and employees; set forth the general policy of the
City Employer on personnel matters and procedure; establish
uniform and equitable rates of pay and hours of work; provide
for a disposition of grievances and to improve the efficiency of
municipal services and assure the greatest return for tax
dollars.
SECTION 2 - DEFINITIONS
2.1 The term "employee" as used in this Agreement shall mean
any employee who is eligible for membership in the Union within
the Bargaining Unit as described in Section 3 of the Agreement.
The term "employer" as used in this Agreement shall mean the
City of Muskegon as the public employer and its duly authorized
officers and/or agents.
2.2 The term "management" as used in this Agreement shall mean
the duly authorized officials and supervisors of the public
employer.
SECTION 3 - RECOGNITION
Employer The City recognizes the Union as the exclusive
bargaining representative and agent with respect to rates of
pay, wages or salaries, hours of work and other terms and
conditions of employment for permanently-appointed, part-time
and seasonal employees listed in Appendix A, excluding all
clerical, confidential, supervisory, and managerial personnel.
in the following Departments or Divisions:
Equipment
Highway
Water and Sewer Maintenance
Cemetery
Water Filtration and Pumping
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Waste Water Treatment
Traffic Sign Maintenance
Forestry
Parks Maintenance
Building Inspection Department
Engineering Department
Communication
and the Classifications:
Rehabilitation Inspector
Parking Meter Checkers
Horticulturist
Zoning Inspector
excluding all clerical, confidential, supervisory, and
managerial personnel.
If Employer the City elects to re-fill the positions of Mall
Maintenance, Sanitation Operator or Highway Maintenance Worker,
they shall be represented by this Unit.
SECTION 4 - UNION SECURITY
4.1 Upon receipt of a written authorization from an employee,
and to the extent permitted by law, the employer will deduct
from the employee’s wages an amount equal to monthly union
membership dues which shall be deducted in a fixed amount each
pay periodtwice per month, regardless of the employee’s
membership status, and remitted to the Union. Once authorized,
payroll check-off shall be irrevocable for a period of one year
and automatically renewed each year thereafter, except that
authorization may be withdrawn by sending a written notice to
the Union by registered mail during the period of ten (10) days
immediately prior to the annual anniversary date of the contract
(Dec. 16th through Dec. 31).
The employer agrees to provide this service without charge to
the union.
4.2 For the purpose of this Agreement, the term "dues" shall
mean all regular monthly dues, assessments, and fines.
4.3 The Union shall furnish check-off forms to Employerthe
City. At the time of hiring new employees, Employer the City
shall furnish the check-off forms to the new employees and
Employer the City shall notify the Union of the hiring. Thirty
(30) days after date of hire, Employer the City will notify the
Union of those new employees who have executed check-off forms.
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4.4 The Union Security clauses in this Agreement are only
conditioned by current and future State Labor laws and legal
interpretations thereof.
4.5 Union agrees to indemnify and hold the Employer harmless
against any and all claims, demands, suits, or other forms of
liability including, but not limited to, wages, damages, awards,
fines, court costs, attorney fees and unemployment compensation
cost that arise out of or by reason of action taken by the
Employer.
4.6 No later than 30 days after the hiring of a new employee,
the employer shall provide the employment and contact
information of the employee to SEIU Local 517M. Every 90 days,
the employer shall provide, in Excel format, to SEIU Local 517M
the employment and contact information of the employees
represented by SEIU Local 517M.
The employment and contact information provided must include all
of the following for each employee:
(A) First, middle, and last name.
(B) Department or agency.
(C) Classification (as it appears in the Collective
Bargaining Agreement).
(D) Address of primary work location.
(E) Home address.
(F) Personal phone number.
(G) Personal email address.
(H) Work email address.
(I) Date of hire.
(J) Employee identification number, if applicable.
(K) Full-time or part-time employment status.
(L) Wage (hourly and annual).
SECTION 5 - DEDUCTION OF DUES
Employees may, in writing on forms provided, direct Employer the
City to deduct from their wages twice each month the amount of
their union dues to the Union. Employer The City agrees to
comply with such written authorization received by Employer’s
the City Finance Director from the employee for the personal
payroll deduction or membership dues, or their equivalent. Said
deductions shall be withheld from the first two payroll periods
in each month and delivered by lump-sum payment to the
Secretary/Treasurer designated by the Union. Such sum is to be
delivered to the Union within five (5) days of deduction along
with a complete dues-deduction list.
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SECTION 6 - MAINTENANCE OF DUES
The written authorization of the employee for the deduction of
dues shall remain in full force and effect until revoked by him
by written notice, signed by the employee and received by the
Employer and the Union, not more than sixty (60) days and not
less than thirty (30) days before any anniversary or termination
date of this collective bargaining Agreement.
SECTION 7 - MANAGEMENT RIGHTS
7.1 The Union recognizes the sole and exclusive prerogative of
Employer the City to operate and manage its affairs in all
respects in accordance with its public trust and interest, and
further recognizes that the powers and authority which Employer
the City has not officially and specifically abridged,
delegated, or modified by this Agreement are retained by
Employerthe City.
7.2 This Agreement is not intended to be, nor shall be,
restrictive of or a waiver of the rights of management not
officially and specifically abridged, delegated, or modified
herein.
7.3 It is further understood that management shall have the
right to make such reasonable rules and regulations not
inconsistent with the terms of this Agreement as it may from
time to time deem necessary for the purpose of maintaining
discipline, order, and efficient operations and service to the
community.
7.4 The reasonableness of any new rule with respect to the
general conduct of employees which would involve warnings,
disciplinary layoffs, or discharges may be questioned through
the grievance procedure as set forth in this Agreement.
7.5 Nothing in this Agreement shall limit Employer’s the City's
management functions, under which it shall have, among others,
the right to discipline, suspend, or discharge for just cause;
to determine the qualifications of employees, to observe and
evaluate an employee's job performance and to apply disciplinary
action to ensure a full day's work for a fair day's wages.
SECTION 8 – REPRESENTATION
8.1 All employees who are covered by this Agreement shall be
represented for the purpose of grievances and contract
negotiations by the Union. The Union has the right to be
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present at all discussions of a grievance and contract
negotiations. Any adjustments in a grievance must be consistent
with the terms of this Agreement.
8.2 The Union officers shall be Chairman, Vice Chairman,
Committee Person, Chief Steward, Steward, and Alternate Steward.
8.3 Duties of Union officers (in relation to the EmployerCity):
CHAIRMAN: It shall be the duty of the Unit's Chairman to
preside at all meetings between the employer and the Union
whenever possible.
VICE CHAIRMAN: It shall be the duty of the Unit's Vice
Chairman to preside at all meetings between the Employer and the
Union when the Chairman cannot attend such meeting.
COMMITTEE PERSON: It shall be the duty of the Committee
Person to attend all negotiations involving the institution of a
new Union/Employer City Contract, and to assist and/or
substitute as a Steward when one is not available, or when a
representative is needed by a Steward.
STEWARD: It shall be the duty of the Steward to
investigate and represent employees at the first two steps of
the grievance procedure.
CHIEF STEWARD: It shall be the duty of the Chief Steward
to investigate and represent a grievant from the third (3rd)
step of the grievance procedure through Arbitration.
ALTERNATE STEWARD: It shall be the duty of the Alternate
Steward to fill in for the regular Steward, when the regular
Steward is not available.
8.4 Executive officers of the International and/or Local Union
and/or their representatives, duly authorized to represent the
Union, and/or the President of the Local Union, if not employed
by Employerthe City, will be permitted to participate in any
discussions relative to hours, wages and working conditions at
any time. When a Union representative visits the work site, the
Employer, if available, will be notified.
8.5 Any Employee, prior to conducting Union business, during
working hours, shall supply in writing, a fully executed
"Request To Conduct Union Business" form to the employee's
immediate supervisor, on a form to be provided by Employerthe
City.
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8.6 The names of the union officers shall be given in writing
to the Employer. No union officer shall function as such until
the Employer has been advised of his or hertheir selection, in
writing by any International, Local or Unit official. Any
changes in union officers will be reported to the Employer in
writing as far in advance as possible.
8.7 Any union officer employed by Employer the City having an
individual grievance in connection with his their own work may
ask for a member of the bargaining committee to assist him in
adjusting the grievance.
8.8 Union officers who are employees of Employer the City shall
be paid by Employer the City for the time spent during regular
working hours in the processing of grievances and for
negotiations directly related to administration of this
Agreement conducted during regular working hours. Compensation
shall be at the employee's regular straight-time rates of pay
and shall cease at the end of the employees' regular scheduled
working hours of any day of an assigned shift. The employees
shall furnish a daily record of negotiating or grievance
processing to the employees supervisor.
8.9 Union representation, excluding executive officers of the
International, shall be as follows:
1st & 2nd step of grievance Grievant plus 2 Union officers
3rd step of grievance Grievant plus 2 Union officers
4th step of grievance Grievant plus 2 Union officers
Arbitration Grievant, all necessary
witnesses plus 2 union officers
Bargaining 5 Union officers.
SECTION 9 - GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation of a specific
section or paragraph of this Agreement. If any such grievance
arises, there shall be no stoppage or suspension of work because
of such grievance; but such grievance shall be submitted to the
following grievance procedure:
Step 1 - Within ten (10) working days after the date of an
alleged occurrence of a grievance, the aggrieved employee will
take the matter up with his their immediate supervisor. The
employee may request the presence of the steward or
committeeperson of his their department at that time. The
supervisor shall send for such steward without undue delay and
without further discussion. The supervisor shall give an oral
answer to the employee within the following three (3) working
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days. The meeting between the supervisor and the aggrieved
employee shall begin at the start of the last hour of the
workday.
Step 2 - If the matter is not settled at Step l, the Union may
submit, within the three (3) work days following the oral
answer, a written and signed "Statement of Grievance" to the
Department Headimmediate supervisor. The "Statement of
Grievance" shall name the employee involved, shall state the
facts giving rise to the grievance, shall identify all the
provisions of this Agreement alleged to be violated by
reference, shall state the contention of the employees and of
the Union with respect to these provisions, indicate the relief
requested, and be signed by the grievant and an authorized Union
representative. Within three (3) working days following next
after the personal receipt of the Statement of Grievance, the
Department Head supervisor shall submit a written answer to the
employee and to the Union upon the grievance form or attached
thereto. If the matter is settled at Step 2, the employee shall
sign the grievance stating that result.
Step 3 - If the matter is not settled at Step 2, the Union may
appeal the matter, within three (3) working days next following
the submission of the written answer, to the Department Division
Head; who shall either (a) issue a written disposition within
three (3) working days next following personal receipt of the
written appeal, or (b) within the same period of time, initiate
and hold a meeting with all parties involved in the dispute to
date and the Department Division Head. The Department Division
Head shall submit a written disposition of the matter within
forty-eight (48) hourstwo (2) working days next following the
conclusion of the meeting. If the matter is settled at Step 3,
the Union shall sign, stating that result.
If the "supervisor" in Step 2 1 is the same person as the
"Department Head" in Step 32, Step 3 2 may be skipped and the
matter may proceed immediately to Step 43.
Step 4 - If the matter is not settled at Step 3, the Union may
submit a notice of appeal and the grievance to the City Manager
or designee within forty-eight (48) hours next following
submission of the written disposition. Upon request by either
party, a meeting shall be held, if possible, within five (5)
working days next following personal receipt of the notice of
appeal. The City Manager or designee shall issue a written
disposition within ten (10) working days next following
conclusion of the meeting.
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Employer The City shall have the right to notify the Unit
Chairman of the alleged violations of the Agreement or conduct
on the part of Bargaining Unit employees which is inconsistent
with the terms of this Agreement which would result in a
conflict with the purpose and intent of Section 1 of this
Agreement. The Unit Chairman shall transmit the appropriate
response or disposition of the Union of the matter to the
Employer within ten (10) working days of receipt of the said
notice of Employer.
SECTION 10 - TIME LIMITS
10.1 Time limits may be extended by management and the Union in
writing; then the new date shall prevail. Any grievance not
advanced to the next step within the time limit within that step
by the employee or the Union shall be deemed abandoned and not
subject to further appeal.
10.2 Any disposition of an appeal step which is not issued
within the time limits specified shall result in a forfeiture of
further management disposition on the matter.
10.3 The relief requested in the grievance shall take effect
upon confirmation that the time limits provided for disposition
by management in the above grievance procedure have been
exceeded.
10.4 Mediation may be initiated by either party at the Step 4
conferences of the Grievance Procedure. In the event mediation
is utilized, the time limits for arbitration shall commence upon
the date of termination of the mediation procedure. All notices
of intent to mediate or arbitrate shall be in writing. The
maximum number of days for proper notice in either case shall be
ten (10) calendar days. (Amends Sec. 11 also) In case of
grievance involving discharge from employment for cause,
mediation shall require mutual agreement.
SECTION 11 - ARBITRATION AS TERMINAL POINT OF
GRIEVANCE PROCEDURE
11.1 If the grievance is not adjusted by any of the above steps,
the Union may within ten (10) calendar days after receipt of the
written answer from the City Manager or designee, give notice of
its intent to submit the grievance to arbitration. The parties
shall then obtain a panel of five (5) names from the Michigan
Employment Relations Commission. The Arbitrator shall then be
selected in accordance with the rules and regulations of the
Michigan Employment Relations Commission. The Arbitrator may
determine the effective date for his their disposition of a
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grievance, shall have full authority in any way the facts
justify to alter or change discipline or discharge penalties
imposed by management. The Arbitrator shall have jurisdiction
and authority only to interpret, apply and determine compliance
with this Agreement, and shall not add to, detract from, or
alter in any way its provisions. The Arbitrator's decision
shall be final and binding on both parties. The fees and
expenses of the Arbitrator, and cost of place of such hearing as
is selected for the hearing by mutual agreement of the parties,
will be equally divided between the Employer and the Union. The
parties shall bear individually the costs of presenting their
respective case in arbitration.
11.2 Arbitration shall not be available as a remedy for disputes
arising from contract negotiations or matters of maintenance of
conditions arising under Section 42 of this Agreement.
11.3 Arbitration shall not be available as a remedy for disputes
arising with regard to employee performance evaluation. Such
disputes may proceed through the grievance procedure to Step 4,
the City Manager's step, but shall not proceed to arbitration.
SECTION 12 - SENIORITY
12.1 Hourly rated and salaried employees, excluding seasonals,
shall serve a six (6) calendar months' probationary period.
12.2 There shall be no responsibility for the re-employment of
probationary employees if they are laid off or discharged during
this period. Discharges of probationary employees shall not be
subject to the grievance procedure.
12.3 Bargaining unit seniority is an employee's length of
accumulated time in Unit 2, Local 517M since the day and year of
the employee's last day of hiring, less such time as seniority
does not accrue during the employee's absence as provided in
this agreement and less time lost due to layoff. Classification
seniority shall be the amount of accumulated service within a
classification; departmental seniority shall be the amount of
accumulated service within a department. City wide seniority is
defined as the length of uninterrupted employment with the
Employer City since the day and year of employee's last date of
hiring, less such time as seniority does not accrue during the
employee's absence as provided in this Agreement, and less time
lost due to layoff.
12.4 An employee shall lose his their seniority rights under the
following conditions:
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A. If he they resigns or is are discharged for just cause
or retires.
B. If he isthey are absent for three (3) working days
without notice to the head of his their department, or fails to
report for three (3) working days after expiration of a leave of
absence without notice to the head of the department; providing
no reasonable excuse has been submitted to the Employer for the
failure to adhere to the above stipulation.
C. After a layoff, failure to report to the former job in
a department where the employee's seniority status prevails
within three (3) working days after receipt of notice from
Employer the City addressed to the employee's last known address
instructing him to report for work, or failure within three (3)
working days after such notice to notify Employer the City of
satisfactory reasons.
D. After six (6) consecutive months' layoff for employees
having less than one (1) year seniority as of the date of
layoff; after twelve (12) consecutive months' layoff for
employees having (1) year, but less than three (3) years,
seniority as of the date of layoff.
After eighteen (18) consecutive months' layoff for
employees having three (3) years, but less than five (5) years,
seniority as of the date of layoff, and after twenty-four (24)
consecutive months' layoff for employees having five (5) or more
years seniority as of the date of layoff.
12.5 The Unit will receive a quarterly list of personnel
changes.
12.6 Employees hired or promoted into a position which requires
licensing or certification, with the exception of positions
requiring valid Michigan motor vehicle operator's licenses,
shall complete a probationary period as specified above. In
addition, the employee shall complete the certification or
licensing requirements within the time period set by the
licensing agency. Failure to obtain certification or license
within the time period specified by the licensing agency shall
result in the employee being returned to the previous position
the employee had. If the employee is a new hire, the employee
shall be laid off without the opportunity to exercise bumping
rights. If the employee promoted into the position, the
employee must be returned to the position, or an equivalent
position from which the employee promoted, notwithstanding other
contractual language concerning lay-off, bumping, and recall.
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SECTION 13 – TEMPORARY SEASONAL EMPLOYEES
Temporary Seasonal Employees shall be those individuals hired
through a temporary employment agency to perform the functions
of seasonal beach maintenance worker, seasonal leisure service
maintenance worker, seasonal leisure service maintenance worker
I, and seasonal laborer. As to those individuals the following
applies.
Temporary Seasonal Employees shall be those individuals hired
through a temporary employment agency to perform the functions
of seasonal beach maintenance worker, seasonal parks maintenance
worker, and seasonal laborer. As to those individuals, the
following applies.
13.1 Individuals listed on Appendix A shall attain permanent
status only upon completion of twelve (12) continuous months of
employment at the City without interruption, or through
promotion or transfer.
13.2 1 Management shall have the right to use temporary seasonal
employees in any department.
13.3 2 The work schedules shall be established by management.
13.4 3 Temporary seasonal employees shall not be employed to
displace permanent employees, shall not replace permanent
employees laid off from their positions, or hired for the
purpose of eliminating a permanent position.
13.5 4 The duties of a Temporary seasonal employee. Those
provided in the job descriptions of seasonal beach maintenance
worker, seasonal parks maintenance worker, and seasonal laborer.
Those provided in the job descriptions of seasonal beach
maintenance worker, seasonal leisure service maintenance worker,
seasonal leisure service maintenance worker I, and seasonal
laborer.
13.5(A) The City of Muskegon may use qualified temporary
employees for functions/positions previously not allowed to a
maximum of three (3) positions total (City-wide) from December
1st to March 1st. Employer City retirees or laid-off employees
will receive preference for these three (3) positions as long as
they are qualified. These positions can only be utilized if
regular Union employees are not available or after regular Union
employees are called for overtime purposes, which calls will be
limited to employees within the department that the work occurs.
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These positions may not be utilized if there are Union employees
laid-off in that department. Section 1413.5 shall not apply to
these three positions.
13.6 Temporary seasonal employees will not be supervised by
employees of this bargaining unit.
SECTION 14 - LAYOFF AND RECALLS
14.1 Layoff. The employer has the right to lay off within a
classification and/or department. Layoffs will be based, in
order of seniority on the following:
A. bargaining unit seniority
B. classification seniority
C. departmental seniority
D. city wide seniority
(as defined in Section 12.3)
The employer will give full time permanent employees ten (10)
calendar days notice of layoffs and seasonal employees shall
receive three (3) calendar days notice of layoff.
14.2 Upon layoff the following procedures shall apply:
A. Probationary employees will be laid off first from the
classification(s) to be reduced within a department.
B. If there are not enough probationary employees in the
classifications affected, then employees with the least
seniority in the classification(s) will be laid off.
C. Permanent full-time employees laid off from their
permanent classification who exercise their bargaining unit
seniority to displace the least senior employee in the same,
lateral or lower classification must notify the employer of
their intent to bump within three (3) working days after layoff.
D. Permanent full-time employees laid off from their
permanent classification and who elect to follow the bumping
procedure to exercise their bargaining unit seniority rights
must accept employment in the new position within six (6)
working days of layoff.
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There will be no break in seniority under the aforesaid
provision.
E. Employees who have bumped a less senior employee (as
described in C. above) must possess the ability to do the work
required. A decision on the ability of the employee to do the
work shall be made by the Management not less than fifteen (15)
days nor more than six (6) months after the bump is effective.
The employee shall be notified of such decision in writing.
However, if an employee claims a job in a classification where
she/he wasthey were previously qualified, the employee must have
all contractual requirements, e.g., CDL licenses, on the date of
employment, and satisfy all other requirements at the sooner of
six (6) months or the next available test date, but no later
than one year from appointment.
F. Any employee laid off from his/hertheir permanent
classification who has exercised bargaining unit seniority to
bump into a same, lateral, or lower classification and is
subsequently laid off and elects to exercise bargaining unit
seniority will do so based on his/hertheir permanent
classification.
G. The employer will not use any employee in a
classification in which he/she isthey are not classified if
another employee is laid off therefrom, except in case of
emergency.
H. Employees who exercise their seniority under this
section will be paid at the same rate in a lateral assignment or
at the highest rate paid for a lower classified assignment.
14.3 Recall. In order to facilitate the recall procedure,
recalls will be in inverse order of layoff, and the following
will apply:
A. The employer will notify the employee of recall,
however, it is the employee's responsibility to notify the
employer of his their intention to return to work and the date
which she/hethey will report. The employee will have three (3)
working days from the notice of recall to contact and to notify
the employer accordingly.
B. When employees are recalled, they will be returned to
their permanent classifications in order of their bargaining
unit seniority with the high senior employees who hold the
permanent classification recalled first, and before any other
employee with less bargaining unit seniority is recalled or
returned to that permanent classification.
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C. Employees recalled to their permanent classifications
must return to their permanent classifications (as described
in A. of this section) or they will be deemed to have terminated
their employment voluntarily.
D. Employees who have elected not to exercise their
bargaining unit seniority after having been laid off and who
have not been recalled to their permanent classifications must
return to open classifications in a lateral or lower
classification provided that:
(1) There is an employee with higher bargaining unit
seniority working in the laid off employee's permanent
classification.
(2) If, during recall, an employee refuses to accept
the available lateral or lower classifications she/hethey will
be deemed to have terminated his/hertheir employment
voluntarily.
SECTION 15 - VACANCIES AND JOB OPENINGS
15.1 All employees shall be given equal opportunity to
familiarize and train for promotion. In recognition whereof the
parties to this Agreement do hereby agree that the job
description, as contained in the Employer’s City's
classification plan of the duties enumerated in the plan, of a
higher classified position, shall not constitute "working out of
classification" unless such assignment be made repetitively so
as to equal the equivalent of one employee being assigned to 50%
or more of the exclusive-enumerated duties of the higher
classification over a period of time defined as in excess of
sixty (60) consecutive calendar days. The word "days" shall be
defined as any part of the scheduled work day.
15.2 Management and the Union have mutually determined that it
is the employee's responsibility to request training through the
supervisor. Management will accommodate the request as much as
possible through work assignments or through advance notice of a
training program, whenever practical.
15.3 Should it become necessary to fill a vacancy in a
classified position of the Employer’s City's service or to add
to authorized manpower, the Union agrees all opportunities for
transfers and promotions as provided by this Agreement shall be
made available through promotional examination, but that
concurrently said opportunities shall be made available through
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open advertisement and general examinations for the
establishment of an eligible list, so as to avoid unnecessary
delay in filling the position should eligible employees fail to
meet the requirements of the position or refuse promotion.
15.4 If a vacancy is of an emergency nature, management may
designate an emergency substitute not to exceed thirty (30)
calendar days.
15.5 Any employee upon request, who works forty (40) hours and
five (5) consecutive working days in a higher classification,
shall be paid the rate of the higher classification for such
forty (40) or more hours of consecutive working days. The
employee shall be paid in accordance with the rate of pay in the
higher classification which is next higher than his their own
present rate of pay in his their own present classification.
15.6 No employee shall be reallocated to a higher permanent
position or higher rate of pay because of temporary assignment.
15.7 No employee who is a successful bidder, and is employed in
a new position, under the promotion provisions of this Agreement
shall have the right to bid on any job opening for a period of
six (6) calendar months from the date of the successful bid,
except for employees in the Laborer classification, in
recognition of the promotional intent with that classification.
15.8 All employees, regardless of classification, must apply
and follow the Civil Service process for the job posting.
SECTION 16 - NON-PROMOTIONAL TRANSFERSINTENTIONALLY OMITTED
Employees shall not have the right to a non-promotional transfer
after February 1, 1992.
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SECTION 17 -– PROMOTIONS, DEMOTIONS, AND TRANSFERS
17.1 In all cases of promotion from one classification to
another, the following factors will be considered before
seniority governs:
A. Knowledge, training, ability, skill and efficiency
B. Physical fitness
C. Attendance Record
D. Driver’s License History
Where these four factors are relatively equal, the length of
continuous service shall govern.
A promotion shall be defined as moving into a classification
with a higher pay range than the current classification. A
demotion shall be defined as moving into a classification with a
lower rate of pay than the current position. A transfer shall be
defined as moving into a classification with equal pay to the
current position.
17.2 Any employee filling a vacancy of a promotional nature
within the Unit for which he hasthey have not been previously
classified shall be given up to six (6) calendar months to prove
his their ability. If unable to qualify, he they shall be
returned to his their former position, without prejudice, at the
rate of pay for such position. An employee may voluntarily
return to their his former position, within 30 days of
promotion, without prejudice, at the rate of pay for such
position. An employee may elect voluntarily to return to their
his former position once in a calendar year. Failure of
probation shall be deemed a voluntary return for purposes of
subsequent promotions.
17.3 From the date of entering the classification, the employee
shall be paid at the minimum rate agreed upon for the
classification, and shall be subject to the six (6) calendar
months probationary period covered above; provided any employee
appointed to a job by promotion, demotion, or transfer, carrying
a lower starting rate than the rate received at the time of
appointment, shall continue to receive start at the step closest
to and not less than the rate received at the time of
appointment, and shall continue to receive increases until the
top for the working classification is received, subject to the
provisions of the wage schedule adopted by virtue of this
Agreement.
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17.4 Any employee may exercise their his prerogative to refuse
promotion or transfer without bias or loss of seniority.
However, pursuant to Section 17 of this Agreement, employees do
not have the right to a non-promotional transfer.
SECTION 18 - WORKING HOURS COVERING STANDARD OPERATIONS
18.1 The standard work week shall consist of forty (40) hours
per week, Monday through Friday.
18.2 The standard work day shall consist of eight (8) hours per
day for first shift operations where the majority of such hours
fall between 7:00 A.M. and 5:00 P.M. Meal period allotments and
rest period breaks shall apply as they pertain in Section 21 and
22, respectively. Pay for a full shift period shall be a sum
equivalent to eight (8) times the regular hourly rate, with no
pay for the lunch period and no premium.
18.3 The standard work day for employees assigned to the second
shift shall consist of eight (8) hours where the majority of
such hours fall between 4:00 P.M. and l2:00 Midnight. Meal
period allotments and rest period breaks shall apply as they
pertain in Sections 21 and 22, respectively. Pay for a full
second shift shall be a sum equivalent to eight (8) times the
regular hourly rate plus a ten (10%) percent shift premium.
18.4 The standard work day for employees assigned to the third
shift shall consist of eight (8) hours where the majority of
such hours fall between 12:00 Midnight and 7:30 A.M. Meal
period allotments and rest period breaks shall apply as they
pertain in Sections 21 and 22, respectively. Pay for a full
third shift shall be a sum equivalent to eight (8) times the
regular hourly rate plus a fifteen (15%) percent shift premium.
18.5 The Employee shall receive two (2) hours minimum pay for
reporting for duty on their his regularly scheduled shift in the
event he isthey are not required to work the full shift of a
normal work day in excess of the first two hours.
A. The minimum pay shall not be paid if the employee is
notified no later than one (1) hour prior to their his regular
scheduled shift.
18.6 The standard workday for employees working the weekend
shift shall consist of eight (8) hours per day for first shift
operations where the majority of such hours fall between 7:00
A.M. and 5:00 P.M on a Saturday or Sunday. Meal period
allotments and rest period breaks shall apply as they pertain in
Sections 21 and 22, respectively. Pay for a full shift period
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shall be a sum equivalent to eight (8) times the regular hourly
rate plus a 20% shift premium. The weekend shift premium
combines with applicable second and third shift premiums when
the assigned hours fall within the definitions provided in 18.3
and 18.4. This does not apply to seven-day continuous
operations. Weekend shifts cannot be mandated. Holidays will be
observed on the scheduled work day closest to the holiday.
SECTION 19 - OVERTIME AND HOLIDAY PAY
19.1 Employees shall receive the overtime benefits provided for
in this Agreement provided they worked their full straight-time
scheduled work-week as established in this Agreement. Paid
holidays shall be counted as time worked. Authorized time-off,
other than disciplinary time off, will be considered as time
worked for the purpose of computing overtime and fringe
benefits.
19.2 Time-and-one-half shall be paid for time worked in excess
of the employee's regularly-scheduled shift in any continuous
twenty-four hour period subject to the exceptions for
double-time and shift transfers provided in this Agreement. All
water filtration employees’ second day off in their rotation
shall be considered Sunday for the purpose of computing wages,
benefits and overtime.
19.3 Employees who worked the last scheduled day preceding and
the first scheduled day following a paid holiday shall receive
holiday pay, which is in an amount equal to eight times the
regular hourly rate. Said employees, if required to work on a
holiday set forth in this Agreement, shall receive the said
holiday pay and shall in addition be paid at double their hourly
rate of pay for all time worked on the holiday. dDuring the
first eight hours worked on any shift that starts on such
holiday, for time worked on the calendar holiday in excess of
the first eight hours worked on said shift starting on the
holiday, and for time worked on a holiday in excess of eight
hours worked on a shift that starts the previous day and runs
over into the holiday. No pyramiding shall result to provide
pay in excess of the holiday pay and double time for the above
designated hours worked.
19.4 Double-time shall be paid for any time worked on a Sunday.
In the case of the filtration plant, the employee’s second day
off is that employee’s “Sunday.”
19.5 Should it become necessary to make a change in the
assigned shift of the employee, he they shall be given a minimum
of twenty-four hours' notice in advance by management of the
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proposed reassignment. Assignment of the employee to another
shift shall not result in the payment of overtime as provided in
Section 19.1 of this Agreement, if proper twenty-four-hour
notice has been given the employee in advance of their his
reporting to their his newly-assigned shift. When an employee
is transferred under this Section, he they shall not be
compelled to report on their his newly-assigned shift with less
than eight hours' rest period between shifts. An eight-hour
rest period shall be construed to mean one complete shift as
provided under Section 18. If an employee is requested to work,
and desires to do so, during the eight hours preceding their his
new starting time, he they shall be compensated at the rate of
one-and-one-half times their his regular hourly rate during any
hours worked in an eight-hour period as prescribed above.
19.6 If in any work week, as the result of a shift change, an
employee is permitted to, or required by Employer the City to,
work and is not permitted, or required by Employerthe City, to
work the number of hours in the then-established weekly working
schedule of his new shift, he will be reimbursed for time lost
as a result of such shift change. As the result of a shift
change required by the Employer, an employee will be reimbursed
for time lost under 40 hours in a work week.
19.7 An employee required to work unscheduled overtime shall be
paid for actual time worked. The minimum payment for unscheduled
overtime shall be three (3) hours. Any employee required to work
scheduled overtime shall be paid for actual time worked.
Scheduled overtime is defined as any time worked where the
employee is notified at work of the need to work overtime.
19.8 The Supervisor will select the employee to work overtime so
long as it is equalized by the end of the year. Overtime is
equalized so long as the overtime hours for all employees in a
classification are within 10%, plus or minus, of the median.
All departments shall charge employees for declining overtime.
Declining overtime includes all time when an employee is
unavailable or unwilling to work. Overtime sign-up periods will
be for one week, running from Friday at 7:30 am through the
following Friday at 7:29 am. The signups will be posted a
minimum of 30 days before and close 1 week before the beginning
of the overtime period.
19.9 When the supervisor determines there is a need for
overtime, the supervisor will ask all employees qualified and
who have signed up for overtime during that pay period to work
first, and then will ask qualified seasonals. If no one accepts
the overtime, the supervisor will assign the mandatory overtime
to anyone capable of doing the work who has signed up for
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overtime during that period, provided the work is within their
job description. If no one has signed up, then the supervisor
will choose someone within the department who has the lowest
charge overtime hours to do the work on mandatory overtime.
Employees failing to show for mandatory overtime as outlined
above, will be considered to have failed to follow the proper
directive of a supervisor and are subject to discipline.
Scheduled overtime, which is not covered by this paragraph, will
be posted as far in advance as possible.If no one accepts the
overtime, the supervisor will assign the mandatory overtime to
anyone capable of doing the work who has signed up for overtime
during that period, provided the work is within their job
description. If the need exceeds the number of employees who
have signed up, then the supervisor will choose someone within
the department who has the lowest worked overtime hours to
perform the mandatory overtime. If two or more employees have
the same lowest worked overtime hours, then the least senior
will be assigned the mandatory overtime. Employees failing to
show for mandatory overtime as outlined above will be considered
to have failed to follow the proper directive of a supervisor
and are subject to discipline. Scheduled overtime, which is not
covered by this paragraph, will be posted as far in advance as
possible.
19.10 The first overtime list of each year (Jan.1-Dec. 31) will
be assigned out by seniority. All subsequent lists for the year
will be assigned based on hours worked. If hours worked between
employees are equal, the most seniority will be chosen first.
19.11 Notwithstanding Section 19.9, a supervisor may require a
temporary seasonal employee to work one (1) hour of overtime
before implementing Section 19.9. The temporary seasonal
employee may be required to continue working until a full or
part time regular employee relieves the temporary seasonal
employee. Within a reasonable period of time after each pay
period, City shall provide to the Unit President a copy of all
temporary seasonal employee’s hours worked in the previous pay
period.
19.121 Compensatory Time.
A. Compensatory time (“CT”) must be declared by the
employee on their time sheet within the pay period worked. No
more than 50% of the total overtime hours worked in a single day
may be declared CT.
B. Employees are allowed to earn a maximum of eighty (80)
hours of CT in a calendar year. Such time will be accrued as it
would have been paid (time and one-half or double time).
Employees shall be allowed to carry over a maximum of 20 hours
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to the next calendar year. Any time accrued over the 20 hours
will be paid out to the employee at the end of the year.
C. Any unused CT shall be paid upon an employee's
separation, retirement, or death. Payment shall be made at the
rate of pay in effect at the time of retirement, separation, or
death and included in the final paycheck.
D. The use of any CT will be determined by the
Supervisor. CT must be requested at least twenty-four (24) hours
in advance of the time requested. CT must be taken in one-hour
increments with a minimum duration of four hours.
SECTION 20 - HOURS OF WORK COVERING NECESSARY SEVEN-DAY
CONTINUOUS OPERATIONS
20.1 Employees working in necessary continuous seven day
operations shall work eight hours on each shift less one-half
hour for meals and shall receive eight hours' pay.
20.2 Time-and-one-half shall be paid for all hours worked in
excess of eight paid hours in any one day and for all hours
worked which are not scheduled hours. All employees' schedules
shall be posted not less than one week in advance of the
beginning of the next pay period.
20.3 Effective January 1, 1995, second shift premium for
seven-day operations shall be ten (10%) percent of the regular
hourly rate, and the third-shift premium for seven-day
operations shall be fifteen (15%) percent of the regular hourly
rate.
20.4 Salaried and hourly employees working their full regular
shift in a necessary continuous seven-day operation will receive
triple (3) times their regular rate for the said hours worked on
any of the paid holidays provided in this Agreement, (accounting
for holiday pay and double time for hours worked in said regular
shift), and double time for Sundays and holidays worked when
these days fall outside the normal established schedule. Pay
pursuant to this section will not be pyramided.
20.5 As to the employees in necessary seven-day continuous
operations, if a holiday as designed by this Agreement falls on
an employee's regular day off, the employee shall be given an
additional day off. The additional day off to be taken in lieu
of the holiday under this provision shall be approved in advance
by the Supervisor of Water Filtration.
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20.6 During the months of May, June, July and August, during
each year during this Agreement, employees at the Water
Filtration Plant shall be allowed to schedule two (2) persons on
vacation at the same time with the supervisor's permission and
based on the needs of the Plant.
SECTION 21 - MEAL PERIODS
21.1 An employee shall be entitled to a half-hour unpaid meal
period after the completion of four (4) hours' work on their his
regularly scheduled first shift, as provided in Section 18. An
employee assigned to the engineering or inspection departments
shall receive one (1) hour unpaid lunch break after four (4)
hours' work on their his regularly scheduled first shift as
provided in Section 18. Employees scheduled for standard second
and third shift operations, and employees involved in a
necessary seven-day continuous operation will receive a paid
half hour lunch period scheduled by mutual agreement of the
employee and the supervisor.
21.2 An employee who is required to work continuously beyond a
regularly-scheduled work shift shall be entitled to a
twenty-minute paid meal period if such overtime will cause him
to work five continuous hours since the end of their his period,
provided said employee is to be required to work beyond this
break. Therefore, the employee shall be entitled to a meal
period in the same manner as prescribed in the preceding
paragraph of this Section. An employee who works more than four
(4) hours of overtime shall be entitled to a second meal break,
which Employer the City shall schedule.
21.3 An employee called out for overtime work shall be entitled
to one-half hour paid meal period upon completion of each four
hours of continuous work, provided said employee is to be
required to work beyond the meal period.
21.4 Employees shall be entitled to a reasonable amount of paid
cleanup time prior to meal periods and at the end of the work
shift. Such time shall be established by department, and shall
be determined by available facilities and extremities of
employee assignment. Whenever practical, the time allowed will
be five minutes before lunch and ten minutes prior to quitting
time.
21.5 Employees shall not use Employer City vehicles for
transportation during meal periods unless the employee is on a
job site or in transit to or from a job site.
SECTION 22 - REST PERIODS
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22.1 An employee will be accorded two (2) paid rest periods of
fifteen (15) minutes each on the scheduled shift which may be
used as "coffee breaks", as governed by departmental
regulations; provided the right of reasonable temporary relief
at other times shall not be eliminated.
The following regulations shall apply to those employees falling
within any of the following circumstances:
GROUP A Those employees located and working at permanent
and stationary work stations shall comply with the provisions of
Section 23, provided that reasonable exceptions shall be allowed
with the approval of the department's supervisor.
GROUP B Those employees working on a crew assigned to a
specific job other than a stationary and permanent work location
shall have appropriate arrangements made whereby either the
foreman, or one member of the working crew, shall pick up coffee
for all members of the crew. Reasonable sanitary measures will
be provided where required. The employer shall allow for
reasonable exceptions to these regulations, including the use of
City vehicles, when required or necessitated due to adverse
weather conditions and physical hardship or safety requirements.
22.2 GROUP C Employer City vehicles shall not be used for
personal business, including during break times, unless
authorized by a supervisor. No Employer City vehicle shall be
on private property except as incidental to the normal working
day, except as authorized by a supervisor. At no time shall the
total incidental time exceed the authorized break time.
SECTION 23 - VACATIONS
23.1 Vacation time shall be accumulated as follows:
Hourly Rate Employees
For each increment of 208 hours of straight-time worked during
the preceding calendar year, an hourly-rate employee shall
accumulate:
One day, but not to exceed ten (10) days per year, during the
first six (6) years of continuous service.
One-and-one-half days, but not to exceed fifteen (15) days per
year, beginning the seventh (7th) year through fourteen (14)
years.
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Two days, but not to exceed twenty (20) days per year, beginning
the fifteen (15) years of continuous service.
Effective January 1, 2020, two-and-one-half days, but not to
exceed twenty (25) days per year, beginning upon completion of
twenty-four (24)) years of continuous service.
Effective January 1, 2023, two-and-one-half days, but not to
exceed twenty (25) days per year, beginning upon completion of
twenty-one (21) years of continuous service.
Salaried Employees
Salaried employees shall accumulate:
One day per month of employment but not to exceed ten (10) days
per year during the first six (6) years of continuous service.
One-and-one-quarter days per month but not to exceed
fifteen (15) days per year beginning the seventh (7th) year
through fourteen (14) years.
One and three-fourths days per month but not to exceed twenty
days per year beginning fifteen years of continuous service.
Effective January 1, 2020, two-and-one-quarter days per month,
but not to exceed twenty (25) days per year, beginning upon
completion of twenty-four (24)) years of continuous service.
Effective January 1, 2023, two-and-one-quarter days per month,
but not to exceed twenty-five (25) days per year, beginning upon
completion of twenty-one (21)) years of continuous service.
23.1 Vacation will be accrued and awarded as follows:
A. For the purposes of identifying a “service milestone,” the
following shall apply:
1. The first (1st) anniversary date of employment.
2. The first day of the employee’s 7th year of continuous
service.
3. The first day of the employee’s 15th year of continuous
service.
4. The first day of the employee’s 21st year of continuous
service.
B. Employees shall accrue vacation time as follows:
Years of Continuous Service Annual Vacation Award
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Date of hire through 6th year 80 hours per year
7th through 14th year 120 hours per year
15th through 20th year 160 hours per year
21st year and beyond 200 hours per year
Vacation hours shall be awarded on January 1 of each calendar
year and made available for use according to the provisions of
this section.
C. Employees who have not completed one full calendar year of
employment as of January 1 shall receive a prorated vacation
award based on their length of service in the preceding calendar
year, at a rate of eight (8) hours per full month of employment,
up to a maximum of eighty (80) hours.
Vacation hours may not be used until the employee has completed
six (6) months of continuous employment.
Examples:
• An employee hired on March 1 will have worked ten (10)
full months by the following January 1 and will receive the
full 80-hour award. These hours may be used immediately
since the employee has completed six (6) months of service.
• An employee hired on September 1 will have worked four
(4) full months by the following January 1 and will receive
32 hours of vacation. Because they have not yet completed
six (6) months of service, vacation may not be used until
March 1.
D. When an employee reaches a new service milestone, the
difference between the vacation hours associated with the new
milestone and the number of hours awarded on January 1 of that
year shall be credited to the employee on their anniversary date
of service.
Examples:
• An employee who is awarded 80 hours on January 1 and
reaches their 7th anniversary in July will receive an
additional 40 hours (the difference between 120 and 80) on
their anniversary date.
• An employee who is awarded 120 hours on January 1 and
reaches their 15th anniversary in September will receive an
additional 40 hours (the difference between 160 and 120) on
their anniversary date.
E. Employees who complete their initial six (6) month
probationary period during the calendar year shall receive the
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difference between the prorated vacation hours awarded on
January 1 and the full eighty (80) hours associated with
completion of their first year. This adjustment shall be
credited to the employee on their one-year anniversary date.
Example:
An employee hired on May 1, 2026 received 56 hours on
January 1, 2026, based on seven months of service in 2025.
Upon completing their one-year anniversary on May 1, 2027,
they shall receive an additional 24 hours, bringing their
total for the year to 80 hours.
F. Vacation hours credited mid-year, whether due to reaching a
service milestone or completion of the probationary period,
shall be available for use after the next paycheck has been
processed following the anniversary date.
23.2 Any employee of Employerthe City, other than a
probationary employee, who retires, resigns, or leaves the
service of Employer the City shall be entitled to their his
prorated accumulated vacation time.
23.3 No vacation shall be taken until an employee has been on
the payroll for a period of at least six (6) months.
23.4 A day of vacation shall be canceled for each day an
employee would have worked during the normal work week, and
shall be paid for at the rate the employee would have earned on
that particular day exclusive of overtime.
23.5 Vacation leave shall not be cumulative and shall be taken
during the calendar year following the one in which it was
earned; unless conditions render it impossible, all employees
shall take their vacation.
23.6 Vacation leave shall be considered as a matter of right
and, if canceled because of work necessity shall be paid for at
straight time as extra compensation for the period if the
vacation was scheduled and approved prior to March 2. All other
canceled vacations shall be rescheduled.
23.7 Insofar as is possible, subject to the exigencies of
employment needs, employees in the several departments governed
by this Agreement shall be permitted to select their vacations.
Senior departmental employees shall have first choice. Both
hourly and salaried employees, in making vacation selections,
may choose units of not less than one (1) full scheduled work
day. Vacation may be used in one-half (1/2) day increments with
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the approval of the supervisor. In selecting a single-day unit
of vacation, the employee shall forfeit a right to a preferred
choice by seniority unless arrangements are made with management
thirty (30) days prior to the desired date, and provided further
that departmental employees with more seniority have not
previously selected such date or dates for their vacations to
the extent that such scheduling would serve as a hardship on
departmental employment needs.
23.8 Between December 1 and December 20 of the calendar year in
which vacation time is earned, management of the several
departments shall prepare a calendar or schedule for vacations,
which shall be circulated among the employees within each
department for their selection of vacation time in the next
succeeding year. This schedule shall be completed by the
employees within the several departments within forty-five (45)
calendar days from the date of circulation, but no later than
February 15 of the next succeeding year. As of February 15 of
each year, the vacation schedules shall be posted in a
conspicuous place within each department in order to allow for
employee changes as to vacation scheduling. Thereafter,
management shall complete the vacation schedules no later than
March 2 of any calendar year, and they shall be posted as the
final vacation schedules, subject only to the following:
Each employee shall have the right to make one change as
to their
his personal vacation schedule following March 2 of any
calendar year except that no employee shall be able to declare
seniority rights in altering said schedule after March 2.
Subject to the schedule change noted in the preceding sentence,
no vacation that is scheduled as of March 2 of any calendar year
may be taken in any fashion other than appears on the schedule
without the written consent of the employee's department head
given no less than three (3) days in advance of the date to be
used.
An employee may bank up to twenty-four (24) hours of
vacation time annually, which may be rolled over from year to
year. With the Department Head and City Manager’s approval, an
employee may bank an additional twenty-four (24) hours of
vacation time to be rolled over annually.
No less than fifty percent (50%) of the vacation time to
which an employee is entitled during any calendar year shall be
taken in five (5) day increments in accordance with the
applicable schedules. For employees entitled to fifteen (15)
vacation days, ten (10) of the vacation days must be taken in
five (5) day increments.
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23.9 Should a paid holiday (Section 26) fall during an
employee's vacation, the next scheduled work day shall be a
vacation day.
23.10 Notwithstanding any other provision in Section 23, an
employee may convert up to 120 hours unused vacation time to
sick leave, which would occur in December of every year.
Employer City may promulgate reasonable rules and forms to
implement this provision. The converted hours are subject to
the limitations of paragraph 24.2.
SECTION 24 - SICK LEAVE
24.1 Employees shall earn sick leave on a bi-weekly basis for
straight hours actually worked. Employees shall earn 3.7 hours
per pay period 0.0461 hours of sick leave per straight time hour
actually worked. Employees may not earn more than 96.2 hours of
sick leave within 26 pay periods.
24.2 If unused, sick leave may be accumulated up to a maximum
of one hundred thirty-two (132) days for all employees subject
to this Agreement. Any employee who has accumulated one hundred
thirty-two (132) days of unused sick leave may be compensated
consistent with payout options stipulated on form “Request for
Cash-out of Accumulated Sick Leave – Non-Union, Clerical, and
517M Unit 2 Employees” available in the Finance Department.
Any employee or employees who have accumulated one hundred
thirty-two (132) days of unused sick leave may, in writing,
contribute fifty (50%) percent of additional unused and
accumulated sick leave in excess of one hundred thirty-two (132)
days to a "sick leave bank" which may be drawn upon by employees
of the Bargaining Unit in accordance with standards and
procedures set up by a committee comprised of those individuals
in the Bargaining Unit who have made the contributions to the
Sick Leave Bank.
Employees may draw upon the remaining balance of hours in the
union established Sick Leave Bank in accordance with standards
and procedures set up by the union’s committee to oversee the
bank. Once the remaining hours have been allocated, the sick
leave bank will close, and this language will expire.
24.3 Sick leave shall be canceled for time an employee would
have worked during the normal work week, and shall be paid for
at the rate 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, shift
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premium or any other supplemental pay. Sick leave shall be
taken in increments of fifteen (15) minutes.
24.4 During the first year of employment, employees are
eligible to complete a “Use of Anticipated Sick Leave” form in
the event that they become ill and do not have enough leave time
to cover their absence. Anticipated leave is subject to
supervisor and City Manager approval. When the employee returns
to work, they will have a negative sick leave balance and
continue to accrue hours at their normal rate.An employee may
request anticipated sick leave during the first year of
employment which, if granted, shall be deducted from future
earned sick leave.
24.5 Sick leave will be taken only for the following reasons,
and will be compensated for under the following conditions and
must be communicated at the time of request. If the need to use
earned sick time is foreseeable, Employer reserves the right to
require advance notice, not to exceed seven (7) days prior to
the date the earned sick time is to begin, of the intention to
use the earned sick time. If the need for the earned sick time
is not foreseeable, Employer reserves the right to require
notice of the intention as in either of the following manners:
1. As soon as practicable; or
2. Subject to any policy Employer may develop related to
requesting sick time.:
(a) The employee’s mental or physical illness, injury, or
health condition; medical diagnosis, care, or
treatment of the employee’s mental or physical
illness, injury, disease, or health condition or
preventive care for the employee.
(a)(b) For the employee’s family member’s mental or
physical illness, injury, or health condition; medical
diagnosis, care, or treatment of the employee’s family
member’s mental or physical illness, injury, disease,
or health condition or preventive care for a family
member of the employee.
(b)(c) If the employee or the employee's family member
is a victim of domestic violence or sexual assault,
for the medical care or psychological or other
counseling for physical or psychological injury or
disability; to obtain services from a victim services
organization; to relocate due to domestic violence or
sexual assault; to obtain legal services or to
participate in any civil or criminal proceedings
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related to or resulting from the domestic violence or
sexual assault.
(c)(d) For meetings at a child’s school or place of care
related to the child’s health or disability, or the
effects of domestic violence or sexual assault on the
child.
(d)(e) For closure of the employee's place of business
by order of a public official due to a public health
emergency; for an employee’s need to care for a child
whose school or place of care has been closed by order
of a public official due to a public health emergency.
(f) When it has been determined by the health authorities
having jurisdiction or by a health care provider that
the employee's or employee's family member's presence
in the community would jeopardize the health of others
because of the employee's or family member's exposure
to a communicable disease, whether or not the employee
or family member has actually contracted the
communicable disease.
“Family member”, for the purposes of this Article includes all
of the following:
(i) a biological, adopted or foster child, stepchild or
legal ward, a child of a domestic partner, or a
child to whom the eligible employee stands in loco
parentis;
(ii) a biological parent, foster parent, stepparent, or
adoptive parent or a legal guardian of an eligible
employee or an eligible employee's spouse or
domestic partner or an individual who stood in loco
parentis when the eligible employee was a minor
child;
(iii) an individual to whom the eligible employee is
legally married under the laws of any state or a
domestic partner;
(iv) a grandparent;
(v) a grandchild;
(vi) a biological, foster, or adopted sibling.
(vii) any other individual related by blood of affinity
whose close association with the employee is the
equivalent of a family relationship.
Such absence shall be deducted from sick leave on a fifteen
(15) minute basis.
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For a service-connected disability other than that for which the
employee receives Workers' Compensation insurance benefits for
lost time, any illness an employee may contract preventing their
his ability to perform normally and safely at work or any
exposure to contagious disease he they may experience through
which the health of others would be endangered by their his
attendance on duty; and injury or illness in their his immediate
family which requires their his presence away from work. For
the purposes of this Section, the immediate family shall consist
of spouse, parent, child, mother-in-law and father-in-law. Also
any non-duty disability an employee may sustain, excepting
therefrom injury that may be sustained while being temporarily
in the employ of another during their his off-time or such
injury that may be sustained in conjunction with their his
conviction of the violation of an ordinance or law. Sick leave
shall also be taken for medical and dental appointments
scheduled and verified to the Employer in advance. Such absence
shall be deducted from sick leave on a fifteen (15) minute
basis.
24.6 An employee disabled and absent from duty as a result of a
service-connected injury incurred in the employment of Employer
the City shall receive their his straight-time salary without
deduction from accumulated sick leave for the period of said
disability and absence but not to exceed five (5) consecutive
working days commencing with the date of injury. All Workers'
Compensation received during this period shall be turned over to
Employerthe City. Sick leave will be applied to lost time and
deducted for service-connected disability other than that for
which the employee receives Workers' Compensation insurance
benefits for lost time, only upon receipt of a statement signed
by Employer’s the City physician to the effect that the injured
employee is unable to perform the regular duties or such other
temporary tasks available in the framework of Employer City
functions, in which event said employee's earned sick leave
shall be used at the rate of one (1) sick leave day for each day
of such service-connected disability until such sick leave
accumulation has been exhausted, unless the City Commission
shall authorize an extension of leave in the manner provided in
Section 25.10 hereof.
An employee's absence from duty due to a service-connected
disability for which he they is are receiving Workers'
Compensation benefits shall not be compensated for or deducted
from their his sick leave unless he they shall elect to be paid
the difference between the benefits of Workers' Compensation
received by him for such service-connected disability and their
his normal wage or salary; in which event, said employee's
earned sick leave shall be used at the rate of one-third (1/3)
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sick leave day for each day of such service-connected disability
until such sick leave accumulation has been exhausted, unless
the City Commission shall authorize an extension of leave in the
manner provided in Section 24.9 hereof.
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 shall receive no economic accruals
except as specifically stated in the following subparagraphs:
A. "Seniority" shall continue to accrue (for example, if
the employee is injured in the course of their his employment in
their his tenth year of employment and returns to work three
years later, their his seniority shall be as a thirteen-year
employee).
B. Sick leave shall continue to accumulate at the rate of
one day per month, not to exceed twelve days per year, for a
period of one year following the date of injury. Sick leave
shall not accrue nor accumulate past one year from the date of
injury.
C. Vacation time shall not be accrued, accumulated or
paid to an employee for any time when the employee has not
worked.
D. Longevity pay shall not be accrued, accumulated or
paid to an employee for any time when the employee has not
worked.
E. Holidays shall not be accrued, accumulated or paid to
an employee for any time when the employee has not worked.
F. Personal leave days shall not be accrued, accumulated
or paid to an employee for any time when the employee has not
worked.
G. In no event shall any employee who has been disabled
and absent from duty as a result of a 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 23, Vacations. Any vacation days
accumulated but not used prior to the injury in excess of the
maximum under Section 23 shall be paid to the employee in the
year in which the employee returns to duty.
24.7 An employee who uses more than three (3) days of
consecutive sick leave will be required to provide documentation
that the sick leave was used for permissible purposes. Such
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documentation should not include a description of the illness or
details of the violence (per ESTA). The employee will have
fifteen (15) business days after the request to provide this
documentation. The cost of securing the medical documentation
will be paid by the employee and reimbursed by the Employer as
required by the Earned Sick Time Act (ESTA). In the event that
a physician deems sick leave is needed for more than three days,
the employee is required to contact the Human Resources
Department to determine if filing for Family Medical Leave Act
(FMLA) would be required. If filing for FMLA, employees must
follow appropriate FMLA procedures for returning to work. The
employer may require verification of sick leave of less than
three (3) days if the employee has shown a pattern which would
indicate misuse of sick leave.A medical certificate shall be
required in the absence of reasonable evidence of an employee's
illness, an illness or injury in his immediate family, or injury
that prevented his attendance at work for a period in excess of
four (4) days before compensation for the period will be
allowed. A medical certificate shall be required in the absence
of reasonable evidence of an employee's illness or injury that
prevented his attendance at work for any length of absence after
an employee has taken four (4) separate periods of sick leave in
any calendar year before compensation for the period will be
allowed. A "separate period" shall be defined as any time away
from work. However, in accruing the "four (4) separate periods
of sick leave in any calendar year", an employee will not have a
"separate period" credited to him if a medical certificate is
provided as to such sick leave. Following four (4) separate
periods of sick leave in any calendar year where the employee
has failed to provide a medical certificate, then each
additional separate period of sick leave will be counted as
unauthorized and unpaid leave of absence unless the employee or
a member of his immediate family is subject to a severe or
chronic illness of substantial duration.
A "medical certificate" shall be either a completed form
provided by the Employer City or a completed form from some
other source. A supervisor has the right to refuse any form
which is not Employer’sthe City's form and the employee shall
have two (2) work days to return the Employer City form. An
original signature is not required in Employer’sthe City's
medical form.
24.8 Sick leave accruals shall be retained by an employee in
each of the following cases: An employee who is absent on
authorized leave of absence; An employee who transfers from one
classification or department to another; A classified employee
who is called from a layoff.
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24.9 In an event of a confining illness and provided the sick
leave accumulation has been exhausted, the City Commission 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 Employer’s the City service for more than
fifteen (15) years, such additional leaves may be extended not
to exceed six months instead of sixty working days.
24.10 No compensation for sick leave will be authorized if the
employee fails to notify Employer the City by the starting time
pursuant to Section 50.
24.11 Upon termination of employment under honorable conditions,
the employee will be compensated at the rate of one hundred
(100%) percent of the value of the accumulated unused sick
leave, providing the employee has worked a minimum of twelve
(12) consecutive months.
24.12 In the event of lay-off, the displaced employee on recall
may use accrued sick leave compensated at the rate of one
hundred (100%) percent of the value of the accumulated sick
leave providing the employee has worked a minimum of six (6)
consecutive months.
24.13 On June 1 of each year, the City shall prepare a list of
employees who have 130 or more hours of accumulated hours in
sick leave bank. Such list shall be provided to the Union as
soon as practical after its preparation. The list is valid
until the following June 1 list is prepared and disseminated.
The provisions of Section 25.14 are not applicable to any
employee on the above-referenced list. For employees not listed
on the above-provided list, iIf an employee is absent without
time in their sick leave bank to cover such time, the employee
shall be charged for the "cost of benefits." The "cost of
benefits" shall be 50% of the employee’s actual pay. (By way of
example, if an employee not listed on the above-referenced list
had 16 hours in their sick leave bank, and was absent Monday,
Tuesday, and Wednesday, the employee would be paid and not
charged for their benefits for Monday and Tuesday. The employee
would not be paid and would be charged the cost of benefits for
Wednesday.) The charge for the cost of benefits shall be
deducted from subsequent paychecks. Employees on approved
leaves, i.e., approved FMLA leave or approved leave from the
Civil Service Commission, shall not be obligated to pay the
"cost of benefits." Employees may cash out unused sick leave in
accordance with the City’s Employer’s existing program. When an
employee’s sick bank is depleted, he/she may be excused from
work and pay the cost of benefits for four (4) incidents. After
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the fourth such incident, for each subsequent incident the
employee shall pay the cost of benefits, the incident will be
considered an unexcused absence and discipline shall be imposed
as a Group 1 offense.
24.14 When an employee’s sick bank is depleted, they may be
excused from work as long as a medical certificate is provided
and pay the cost of benefits for up to two (2) incidents. An
incident is defined as a singular event or occurrence for a time
period from 15 minutes up to one (1) day. After the second such
incident, for each subsequent incident, the employee shall pay
the cost of benefits, the incident will be considered an
unexcused absence, and discipline shall be imposed as a Group 1
offense.
SECTION 25 - LEGAL HOLIDAYS TO BE OBSERVED WITH PAY
Legal holidays to be observed with pay are:
A. Paid holidays for City Hall based employees are
designated as follows:
New Year's Day Thanksgiving Day
Martin Luther King's Birthday Day after Thanksgiving
Memorial Day Day before Christmas
Juneteenth Christmas Day
Independence Day
Labor Day Day before New Year's
Veteran's Day
B. Paid holidays for non-City Hall based employees are
designated as follows:
New Year's Day Thanksgiving Day
Memorial Day Independence Day
Juneteenth Labor Day
Christmas Day Day before New Years
Day before Christmas
C. Paid holidays which fall on Saturday shall be recognized
on the Friday preceding the holiday. Paid holidays which fall
on Sunday shall be recognized on Monday following the holiday,
exclusive of employees who perform the necessary seven-day
continuous operation.
SECTION 26 - PERSONAL LEAVE DAY
26.1 Each employee based at City Hall shall be entitled to two
(2) personal leave day per year. The personal leave time shall
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be taken subject to notice twenty four (24) hours in advance of
the time requested. Each employee based at City Hall shall be
entitled to two (2) personal leave days per year. The manpower
needs as determined by the department supervisor shall prevail
in the scheduling and use of said personal leave. If not
requested, the time is lost and cannot be taken as time off.
Personal leave day benefits may be taken in one-hour increments
if approved by the Department Supervisor.
26.2 Each non-based non-City Hall-based employee shall be
entitled to five (5) personal leave days per year. The personal
leave time shall be taken subject to notice twenty four (24)
hours in advance of the time requested. The manpower needs as
determined by the department supervisor shall prevail in the
scheduling and use of said personal leave. If not requested,
the time is lost and cannot be taken as time off. Personal
leave day benefits may be taken in one-hour increments if
approved by the Department Supervisor, except as modified in
paragraph 2726.6 for the Water Filtration Plant.
26.3 Personal leave days for the first calendar year of
employment shall be granted on a pro rata basis as follows:
Hired In Non-City Hall City Hall
January 5 2
February 5 2
March 4 2
April 4 1
May 3 1
June 3 1
Employees hired after July 1 shall not receive personal leave
days until the following calendar year.
26.4 Between January 1 and November 1, if an employee requests
personal leave time one (1) week in advance of the beginning of
the next pay period, it is granted and then canceled, the
employee shall be paid for the day and the day removed from
their his bank. If necessary notice is not given or the
personal leave day is not granted, the personal leave day shall
be rescheduled.
26.5 Between November 2 and December 31, personal leave time
which is requested and denied shall be rescheduled or lost.
26.6 At the Filtration Plant, personal leave days taken during
the second shift, during the third shift, on a Saturday, on a
Sunday or on a holiday may be taken in a half day increment.
Notwithstanding any other provisions of this contract, Employer
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the City may schedule in four hour increments a non-rotating
shift employee at straight time pay to cover the personal leave
day
SECTION 27 - BEREAVEMENT LEAVE
27.1 In the event there is a death in the immediate family of an
employee, consisting only of spouse, parent, grandparent, child,
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 a three (3) day leave of absence with full pay.
An employee shall be granted one (1) day 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.
27.2 There shall be no bereavement leave for friends, other
than fellow employees. Up to one day special leave will be
granted to attend funerals of fellow employees. In the event a
substantial number of employees of a particular department would
ask for time off to attend the funeral of a fellow employee, the
needs of the department will be of primary concern, and the
Department Head will consider the needs in determining the
number of employees to receive time off.
27.3 Provided that 24-hour notice is submitted, bereavement
leave shall be credited to the pay period in which it is taken.
27.4 Up to five (5) days of accumulated unused sick leave may
be used by an employee each year for bereavement leave in order
to attend the funeral service for any of those persons
identified herein (in this Section), provided that the employee
is required to travel either outside the State of Michigan, or
250 miles, in order to attend the funeral service, and to
provide documentation thereof.
27.5 An employee may use one of the five (5) days (sick leave
used for bereavement leave), set forth in .4 above, each year to
attend the funeral of a friend.
27.6 In the event there is a death in the immediate family of
an employee, consisting only of spouse, parent, grandparent,
child, 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 a five (5) day leave of absence with
full pay provided that the employee is required to travel five
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hundred (500) miles one way in order to attend the funeral
services. Documentation is required.
27.7 Unless the funeral is on a Saturday or Sunday, one of the
days off must be the day of the funeral, with all other days off
being either immediately before or immediately after the day of
the funeral.
SECTION 28 - MILITARY LEAVES
28.1 The right to re-employment and the continuing seniority
rights are guaranteed for any employee, now or hereinafter, upon
the seniority list and who, now or hereinafter, is a member of
the Armed Forces of the United States, State of Michigan.
28.2 Such leave of absence shall be granted employees in the
classified service for service in defense of the Country, or who
are members of the National Guard or militia, or of the Reserve
Corps, or forces in the Federal Military, Naval, Marine or Coast
Guard Service, as authorized and provided for by the Veterans
Preference Act of the State of Michigan, and in addition
thereto, shall be entitled to the rights and privileges
authorized by said Veterans Preference Act with respect to
status and re-employment.
28.3 Whenever employees who are members of the National Guard,
Naval Reserve, Army Reserve, Marine Reserve, or Air Force
Reserve, are called to active duty, they shall be entitled to a
leave of absence, in addition to their annual vacation leave
from their respective duties, without loss of pay, for such time
as they are engaged in active-duty defense training. Employer
The City shall pay the difference between gross military pay and
gross straight time Employer City pay. Such leaves are not to
exceed two (2) calendar weeks (ten (10) work days).
28.4 Employees who have been in the armed services of the
United States, under military leave from the City of Muskegon,
shall upon reinstatement to employment be given credit for
accumulated sick leave and vacation for the time spent in the
armed services, the same as though the time spent in the
military service had been spent in the employment of the City of
Muskegon, providing that such employee has received an honorable
separation from the armed services.
SECTION 29 - MATERNITY LEAVE
Maternity leaves shall be controlled and governed by applicable
state and federal laws.
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SECTION 30 - UNPAID LEAVES OF ABSENCE
30.1 Employees elected or appointed to Local 517M Union office
shall be eligible for unpaid leaves of absence during tenure in
office. Seniority of the employee shall not accumulate during
leaves of absence under the above condition.
30.2 An unpaid leave of absence may be granted for personal
reasons for a period not to exceed thirty (30) days, upon
application of the employee to, and approved by, the department
head. Such leaves of absence shall not be renewed, but
seniority shall accumulate during such leave, not to exceed
thirty (30) days.
30.3 Any employee who does not report back to work by the
expiration date of any approved leave of absence as set forth in
the leave of absence notice, or does not receive an approved
extension, or who accepts other employment while on leave from
Employer the City (unless such employment has been specifically
approved in the leave of absence request, or is otherwise
provided for in this Contract) or who withdraws their his or her
retirement savings, will be considered to have terminated their
his or her employment with Employerthe City. (If revisions are
made available through amendments of the current retirement
system so as to provide a method of the employee utilizing such
monies as they may have accumulated in the retirement fund, then
this Section shall not be construed to prohibit participation in
such programs by the employees covered by this Agreement.)
30.4 Leaves of absence may be extended upon written
application of the employee which shall be submitted not less
than five (5) days prior to the expiration date of the expiring
leave of absence. Such extensions of leaves of absence shall be
approved in advance by the appointing authority and the Civil
Service Commission (concerning matters of which they exercise
jurisdiction), and/or such other persons possessing the
authority to grant such extensions. Disposition of all requests
for leaves of absence and extensions thereof shall be in
writing.
SECTION 31 - JURY DUTY
31.1 An employee who is summoned and reports for jury duty
(except for season employees)as prescribed by applicable law
shall be paid by the Employer an amount equal to the difference
between the amount of wages the employee otherwise would have
earned by working during straight-time hours for the Employer on
that date and the daily jury-duty fee paid by the courts, not
including travel allowances or reimbursements of expenses, for
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each day on which he they reports for, or performs, jury duty,
and on which he they otherwise would have been scheduled to work
for the Employer. The employee shall notify the supervisor not
later than the day following receipt of the subpoena of the
dates of absence required by jury service. Jury duty includes
witness service by subpoena.
31.2 An employee working at the Filtration Plant who is
summoned for jury duty shall notify their his supervisor
promptly of the dates for jury service. If the employee is not
scheduled to work first shift on the scheduled dates of jury
service, the employee and supervisor shall attempt to have the
dates for jury service changed to correspond with the employee's
scheduled first shift. If the dates for jury service cannot be
changed, the supervisor shall change the work schedule so that
the employee is working the first shift during the dates of jury
service.
SECTION 32 - HEALTH AND WELFARE
32.1 Employer The City shall make reasonable provisions for
the safety and health of its employees during the hours of their
employment, and shall provide protective devices and other
equipment necessary to protect the employees from injury and
sickness and in conformity with statute. Employer The City may
require the wearing of safety toe shoes. If so required, the
employee shall purchase and wear the shoes.
32.2 Employer The City shall provide and maintain health and
restroom facilities for their employees that will meet not less
than the minimum requirements of Michigan State Labor Law.
32.3 The Employer may require a physical examination of
employees who have been on sick leave in excess of thirty(30)
calendar days before returning them to active employment. Such
physical exam shall be by Employer-designated physician and
shall be at the Employer's expense. There shall be no lost time
charged to the employees as a result of the requirement.
A. The employee shall notify the Employer immediately of
any return-to-work clearance by examination of a physician, and
present the same in writing upon return to duty.
32.4 A. Employer The City will provide safety glasses to
those employees whose classification and job activities may
contain potential hazard of eye injury and compliance with
applicable State and Federal laws and standards.
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B. Employer The City agrees to pay 100% of the cost for the
first pair of safety glasses, selected by Employerthe City, for
each employee whose job activities are potentially eye
hazardous. The Safety Director will determine which job
activities require safety glasses.
C. Employer The City agrees to pay 100% of the cost of
replacement of safety glasses, selected by Employerthe City, in
the following cases:
(1) The safety glasses are damaged due to an on-duty
accident which requires replacement under applicable State and
Federal laws and standards.
(2) At the end of two (2) years following the employee's
receipt of the original pair of safety glasses, the employee
requires a different prescription.
D. As a condition of employment: Safety glasses supplied by
Employer the City to an employee must be worn at all times
during the employee's presence on or near the job where machines
or operations present hazard of flying objects, liquids and
hazardous conditions. An employee who refuses to wear safety
glasses shall be subject to the disciplinary procedure.
E. An employee reporting to work or job activity without
their safety glasses may not receive pay, recognition of time
for pay or overtime computation until the employee returns to
work with safety glasses.
F. The employee will sign a receipt for their safety glasses
and authorization to Employer the City to deduct from their next
paycheck the cost for replacement due to causes other than an
on-duty accident. This applies to the first and all subsequent
pairs of safety glasses.
32.5 Employer The City may adopt, modify and repeal a safety
incentive plan. Any discipline to be imposed for violating
safety rules shall be imposed by the direct supervisor of the
disciplined employee.
32.6 Employer The City will reimburse an employee for the
amount the employee spends in a year to purchase work boots and
work-related clothing, up to a maximum of three hundred ($300)
dollars per year, if the employee provides a receipt showing
that the employee purchased such items. The “year’ for purposes
of this reimbursement is Employer’s the city’s fiscal year (July
1 to June 30). Any partial fiscal years included in the term of
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the 2022-2025 contract will include a prorated amount of the
full three hundred ($300) reimbursement.
SECTION 33 - MEDICAL
33.1 Employees disabled by illness or disability incurred in
their employment with Employer the City may be given employment
in any of the various departments of the City, if their ability
to accomplish gainful employment permits. The extent of such
abilities shall at all times be controlling.
33.2 The employee or Employer City may request an examination
by a licensed physician to determine the employee's physical
ability to be employed and to perform the duties of the
available position. If the employee requests the examination by
other than the Employer’s City's physician, said employee shall
be liable for the cost incurred, unless otherwise agreed upon
between Employer the City and the Union, and further that such
examination is not covered by Workers' Compensation.
33.3 In the event the employee should be required to receive
medical examination as a condition of employment, and shall
elect to receive said attention from other than the physician
provided by Employerthe City, the employee shall be responsible
for the payment of cost incurred.
SECTION 34 - INSURANCE
34.1 Employer The City agrees to provide for, and on behalf
of, employees and certain retirees as defined hereinafter, a
group health plan, which includes the base plan with coverage of
a semi-private per diem room rate charged by hospitals in the
Muskegon area, and major medical coverage with a cap of $150,000
per person. Effective January 1, 1995, the major medical
coverage cap shall increase to $225,000 per person. Effective
January 1, 1998, the major medical coverage cap shall increase
to $300,000 per person effective January 1, 2005, the major
medical coverage cap shall increase to $350,000 per person.
Effective January 1, 2009, the major medical cap per person is
$500,000. During the life of this Agreement, Employer will offer
a health plan to every eligible employee. At the Employer’s
discretion, an Optional Plan may be offered to eligible
employees. The plan the employee chooses will also cover their
dependents. Each eligible employee will have the opportunity to
change options at the annual open enrollment period, which is
during the month of May with a June 1 effective date. The City
reserves the right to change, limit, or eliminate the Optional
Plan.
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PLAN NAME BENEFITS DETERMINED BY
Optional Plan Subject to change by provider
Self-funded ASO Plan A Bargained Plan
MAJOR MEDICAL CAP LIFETIME MAXIMUM
Prior to 1/1/1995 $150,000
01/01/1995 – 12/31/1997 $225,000
01/01/1998 – 12/31/2004 $300,000
01/01/2005 – 12/31/2008 $350,000
01/01/2009 - Present $500,000
34.2 Effective January 1, 2005, through March 25, 2006,
Employer will pay the full cost of the traditional
hospitalization insurance. The employee may elect to receive
coverage by the HMO with any charge paid by the employee, but
not to exceed $20 per month.
Effective January 1, 2012, the employees’ health insurance
premium co-pay shall be increased to 10% of the premium paid by
Employer on behalf of the employee, to be deducted from their
paycheck, including HRA deductible and coinsurance of the
applicable single, double, or family plan applicable to that
employee.
34.3 Dependent children required to be covered by the
employee’s health insurance carrier pursuant to a court order
shall be enrolled in the health plan per the date required by
the court if the employee is eligible and has signed up for
employee health insurance benefits.
34.4 Dependents are eligible for health insurance until the
end of the month in which they turn 26.
34.5 Employer will continue to pay a minimum deductible of
$1,000 per single and $2,000 per double or family, contingent
upon employee and spouse (if any) participating in the Wellness
Program.
34.6 Effective January 1, 2005During the life of this
Agreement the prescription, co-pays for employees covered by the
Self-funded ASO (Administrative Services Only) plan shall be $20
for generic and $40 for brand name drugs. for generic drugs
shall be increased to $20 and brand name drugs to $40 for
individuals in the traditional plan. If there is no generic
brand, then the generic brand co-pay applies.
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The drug rider shall be for and on behalf of the employees and
their dependents, including spouse.
34.7 For employees who leave Employer employment after January
1, 1989, except to the extent the employee qualifies for
immediately payable benefit from the General Employees
Retirement System, retiree health benefits will be limited as
follows:
10 years of service 50% of retiree health benefit
15 years of service 75% of retiree health benefit
20 years of service 100% of retiree health benefit
34.8 Employer reserves the right to change the Self-funded ASO
Plan insurance provider and plan while maintaining health
insurance benefits noted in this Agreement.
Please refer to Section 51.7 and 52.3 regarding retirement Commented [BG1]: Clarifying reference for vesting eligibility,
without adding new content.
eligibility.
34.9 Retirees, including their spouse and dependents at the Commented [BG2]: LeighAnn – please note revised language
per conversation with Julie.
time of retirement, however that no other dependents may be
added after retirement, and excluding duty and non-duty
disability until regular retirement, are eligible as follows:
Retire Date After 12/31/2004 Benefit
Retiree under age 65 Retiree health insurance
Retiree over age 65 Supplemental Insurance
Hire Date After 01/01/2009 Benefit
Retiree under/over age 65 **No Retiree insurance
**City and employee will each pay 2% of wages to a health care
savings plan (HSCP).
34.10 Retirees, will be provided the following:
Retiree Prescription Coverage Benefit
Retiree 01/01/2005 – Present $20 Generic/$40 Name Brand
34.11 Defined Contribution employees hired after January 1,
2009 are ineligible for retiree health insurance.
34.12 Employer agrees to pay the premiums for group term life
insurance on the life of each eligible employee in the amount
equal to the annual salary of each eligible employee, but not
less than Ten Thousand Dollars ($10,000).
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34.13 During the life of this Agreement, Employer will provide
and pay for a dental and vision plan for all eligible employees,
spouses, and dependents. The employer will pay 50% of
orthodontia services up to a maximum of $2,000 for each child
through age 17.
34.14 Effective on the first day of the month after enrollment,
Long Term Disability shall be provided to each eligible
employee.
34.15 If either party requests to negotiate a change or
modification of the present insurance program, except for the
Optional Plan, a thirty (30) day notice to the other party is Commented [BG3]: Added per conversation with LeighAnn.
required.
34.2 This health plan shall include dependents and retirees
under the age of 65. For those who retire after January 1,
1998, this health plan shall include dependents and retirees
until eligibility for Medicare. For retirees who retire after
12/31/04, excluding duty and non-duty disability until regular
retirement, retiree dependents are limited to the spouse and
dependents of the retiree at the time of retirement, and no
other dependents to be added after retirement.
34.3 Employer The City agrees to pay during the premiums for
group term-life insurance on the life of each employee in the
face amount equal to the base wage of each employee, but in no
event shall the amount of said life insurance be less than
$10,000.00.
34.4 Retirees over the age of 65, and their eligible
dependents, shall be covered under the existing benefits known
as the "Supplement to Medical Plan" for the duration of this
Agreement.
34.5 If either party requests to negotiate a change or
modification of the present insurance program, a thirty (30) day
notice to the other party is required.
34.6 Employer The City shall maintain the dental insurance
plan, as agreed upon, for and on behalf of the employees within
this bargaining unit and their eligible dependents. Dental plan
is to include preventative dental service and increase the
orthodontic maximum from $1,500 to $2000 effective January 1,
2009.
34.7 Effective January 1, 2005, co-pays for generic drugs
shall be increased to $20 and brand name drugs to $40 for
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individuals in the traditional plan. If there is no generic
brand, then the generic brand co-pay applies.
34.8 Effective January 1, 2005, through March 25, 2006,
Employer the City will pay the full cost of the traditional
hospitalization insurance. The employee may elect to receive
coverage by the HMO with any charge paid by the employee, but
not to exceed $20 per month.
Effective January 1, 2012, the employees’ health insurance
premium co-pay shall be increased to 10% of the premium paid by
Employer the City on behalf of the employee, to be deducted from
his/her paycheck.
34.9 For non-emergency inpatient hospital or surgical care,
covered employees or dependents shall be required to seek a
second opinion, at Employer’s the City's expense, prior to
incurring hospital or surgical expenses. Failure to obtain a
second opinion will result in a $250 deductible for such
service.
34.10 For employees who leave Employer City employment after
January 1, 1989, except to the extent the employee qualifies for
immediately payable benefit from the General Employees
Retirement System, retiree health benefits will be limited as
follows:
10 years of service 50% of retiree health benefit
15 years of service 75% of retiree health benefit
20 years of service 100% of retiree health benefit
Effective when implemented for non-represented employees, new
hires will not be eligible for any Employercity-provided health
or medical benefits when they retire. Instead, the Employer City
and the employee will each put 2% of pay into a Health Care
Savings Plan (HCSP).
34.11 Effective August 1, 1998 the Employer agrees to pay the
premiums for optical insurance with a benefit level consistent
with that provided to non-represented employees.
34.12 LONG-TERM DISABILITY. Effective on the first day of the
month after enrollment, a long-term disability insurance policy
shall be provided for members of this unit.
34.13 Employer’s The City’s payment of the Health Reimbursement
Account (HRA) deductible ($1000 per individual; $2000 per double
or family) and co-insurance is contingent upon both the employee
and spouse (if any) participating in the wellness program.
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34.14 During the life of this Agreement, Employer will provide
and pay for a dental and vision plan for all eligible employees,
spouses, and dependents. The employer will pay 50% of
orthodontia services up to a maximum of $2,000 for each child
through age 17.
SECTION 35 - LONGEVITY PAY PLAN - RULES AND REGULATIONS
35.1 All employees with five (5) years or more of service will
be eligible for longevity pay. 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. If any other collective bargaining agreement involving
Employer the City provides for a Longevity Pay Plan in an amount
greater than provided here, the bargaining unit members covered
by this collective bargaining agreement shall receive the same
benefit.
35.2 Any employee who reaches 5, 10, 15, 20 or 25 years of
service on or before June 30th, and is on the payroll as of June
1st, will be eligible for one-half (1/2) the longevity payment
in June and each successive semi-annual payment in December and
June thereafter. Any employee who reaches 5, 10, 15, 20 and 25
years of service on or before December 31st, and is on the
payroll as of December 1st, will receive one-half (1/2) the
longevity payment in December and each successive semi-annual
payment thereafter.
35.3 During the calendar year in which an employee retires
under one of the Employer’s City's retirement plans, he they
shall be entitled to receive, at the time of the semi-annual
payment of longevity, a pro-rated portion of his their longevity
pay based on days worked.
35.54 All compensation for employees is subject to deduction
for income tax, retirement, and social security benefits.
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SECTION 36 - WAGE AND SALARY AGREEMENT
36.1 A wage and salary agreement set forth in Appendix A
attached hereto shall be observed during the term of this
Agreement. Pursuant to MCL § 423.251b, Aafter the expiration
date of a collective bargaining agreement and until a successor
collective bargaining agreement is in place, a public employer
shall pay and provide wages and benefits at levels and amounts
that are no greater than those in effect on the expiration date
of the collective bargaining agreement. Accordingly, there will
be no retro pay.
36.2 There shall be neither pyramiding of overtime provisions
in the Agreement nor pyramiding of overtime provisions with
shift premiums.
36.3 During the life of this Agreement, including extensions
of same, Employer the City shall not be obligated to provide any
cost-of-living allowance to employees within this bargaining
unit and the cost-of-living allowance agreed to in prior
agreements shall be frozen, except as provided for in paragraph
36.5.
36.4 Should a new job be classified under new duties, the
parties will negotiate for the purpose of determining where that
job should be placed within the Rate Agreement established.
36.5 The wage and salary schedule attached as Exhibit Appendix
A reflects a 1.5% to 7% increase effective January 1, 2022
2026depending upon the position, a 3% to 1.5% increase effective
January July 1, 2023 2026depending upon the position, a 2% to
1.5% increase effective January July 1, 2024 2027depending upon
the position, and a 31.5% increase effective January July 1,
20252028. The percentage increase reflected on Exhibit A shall
be the minimum increase. For pay rates effective January July
1, 2023 2026, and each January July 1st thereafter, to the extent
that the October April 12-month Consumers Price Index for the
Detroit-Warren-Dearborn, Michigan all items, not seasonally
adjusted, is greater than the increase reflected on Exhibit A,
then those position which would not receive an increase equal to
the increase of the Consumer Price Index shall receive an
increase commensurate with the increase in the Consumer Price
Index. (For instance, if the Consumer Price Index between
October 2021 and October 2022 increases by 4%, then those
positions receiving a 3% increase reflected in Exhibit A would
receive a 4% increase, those positions receiving a 4% increase
reflected in Exhibit A would receive a 4% increase and those
positions receiving a 5% increase reflected in Exhibit A would
receive a 5% increase. This process is repeated for January 1,
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2024 and January 1, 2025.) No later than November May 15, 2022
2026 and each November May 15th thereafter, City v shall
recalculate Exhibit A, provide the revised Exhibit A to the
Union and implement the revised Exhibit A if the Union does not
file a grievance with 5 business days of being provided the
revised Exhibit A. If the Union files a grievance concerning
the proposed revised Exhibit A, then salary and wages shall
remain the same as paid in the then current year until the issue
is resolved or an arbitration award is issued and the appeal
period has expired.
36.6 If Employer the City is unable to fill a position with
the current" pay range, Employer City shall establish a "new"
pay range for a classification, after notifying the union,
offering to bargain the "new" range and, if necessary,
implementing the "new" range. Employer City may start an
employee anywhere on the "new" range but a current employee in
that classification must be paid at least as much as the new
hire. (This does not give Employer the City the right to place
a new employee at other than the start rate on a current pay
range.)
36.7 The 5 YearsStep 7 rate shall be set in Appendix A
consistent with Section 36.5. The start rate shall be 80% of
the Step 75 Year rate for salary job classifications and 85% of
the 5 YearStep 7 rate for hourly job classifications. There
shall be seven (7) steps between the start Step 1 rate and the
through Step 7.5 Year . An employee shall move from Start rate
to 6 MonthsStep 2 upon satisfactorily completing probation.
Progression from one step to the next step, excluding the move
to 6 monthsStep 2, shall occur on July 1 of each year.
36.8 In addition to Section 36.6, City Employer may start a
new employee at the 6 MonthsStep 2 rate and advance the new
employee to the 1 Year rateStep 3 after 6 months, so long as the
employee has passed probation, with all subsequent advances
occurring on July 1, as provided for in Section 36.7.
36.9 Each employee on the payroll as of January 1, 20226 shall
receive a one-time signing bonus of $7001,000.
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SECTION 37 - GENERAL
37.1 Employer The City will furnish in each department a
bulletin board to be used by the employees and the Union to post
their notices and information.
37.2 Notices and announcements on the bulletin board shall not
contain anything political or controversial, nor anything
reflecting upon Employerthe City, any of its employees, or any
labor organization among its employees, and no material notice
of announcement which violates the provisions of this Agreement
shall be posted. Any Union-authorized violation of this
paragraph shall entitle Employer the City to cancel immediately
the provisions of this paragraph and remove the bulletin board.
37.3 Any employee represented by the Union who is required to
furnish his their personal vehicle for the purpose of
transacting Employer City business shall be reimbursed for
mileage expense at the current rate as established by
Employerthe City, provided however that the direct assignment of
an employee to one of Employer’s the City's dispersed
facilities, without reporting to the normal base of operation,
shall not be construed to mean the use of private vehicle for
transacting Employer City business.
SECTION 38 - SUPERVISION WORKING
38.1 Supervisory employees shall not be permitted to perform
bargaining-unit work except in the following types of
situations: An expediency arising out of unforeseen
circumstances which calls for immediate action; in the
instruction or training of employees, demonstrating the proper
method to accomplish a task assigned.
38.2 Should the above paragraph be violated, the employee
eligible under the provisions of equalization of overtime shall
be paid all such work time lost at the applicable rate of pay.
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SECTION 39 - STATE OF EMERGENCY
In the event of a catastrophe, natural or otherwise, affecting
the City of Muskegon so as to necessitate a declaration of a
state of emergency by the Mayor of the City, the City Manager,
or the designated spokesman, the employees of the City service
covered by this Agreement may be called upon to perform their
respective duties without invoking the provisions of notice
contained herein.
SECTION 40 - SEPARABILITY
40.1 In the event that any of the provisions of this Agreement
shall become invalid or unenforceable, such invalidity or
unenforceability shall not affect the remaining provisions
hereof.
40.2 It is further provided that in the event any provisions
are so declared to be in conflict with any law superseding this
Agreement, both parties shall meet within thirty (30) days for
the purpose of renegotiating the provision, or provisions, so
invalidated.
SECTION 41 - VALIDITY
41.1 The Union and Employer the City agree that in the event
that the provisions of the Agreement shall be in conflict with
existing rules, regulations and/or ordinances officially
abridged, delegated or modified by the terms of the Agreement,
the terms of the Agreement shall prevail. This collective
bargaining Agreement supersedes any other City Ordinances
dealing with wages, hours, and terms and conditions of
employment. However, when not negated by the provisions of this
agreement, the Civil Service Rules and Regulations and Personnel
Policies of the Employer City shall apply.
41.2 Any new Civil Service Rules having a bearing on hours,
wages, or working conditions shall be negotiated with the
Employer, and agreed to before application.
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SECTION 42 - MAINTENANCE OF CONDITIONS
42.1 Any and all working conditions, hours of work and rates
of pay not abridged or modified by this Agreement shall remain
in full force and effect. All disputes arising out of this
clause shall be submitted to a Joint Committee composed of two
(2) representatives of Management and two (2) representatives of
the Union. Should the dispute not be resolved by this Committee
within five (5) working days, this Committee shall commence
negotiations on a supplemental agreement on the matter in
dispute. Any supplemental agreement ratified by the parties to
this Agreement shall prevail for the period commencing with the
effective date of said supplemental agreement and continue until
the expiration date of this Working Agreement.
42.2 No unilateral action shall be taken by either party
pursuant to such dispute arising until the above provisions have
been exhausted.
42.3 No subject in dispute arising under this clause shall be
submitted to arbitration proceedings.
42.4 It is acknowledged that during the negotiations which
resulted in the agreement, both the Union and Employer City had
unlimited right and opportunity to make demands and proposals
with respect to all proper subjects of collective bargaining.
Therefore, for the life of this Agreement, both the Union and
Employer the City agree that both parties shall not be
obligated, unless by mutual agreement, to bargain collectively
with respect to any subject or matter not specifically referred
to or covered in this Agreement.
SECTION 43 - NO STRIKE - NO LOCK-OUT
There shall be no strikes by the Union, or Lock-Outs by
Employerthe City, during the life of this Agreement or any
extension thereof. During the term of this Agreement, the Union
agrees that it will not engage in, initiate, authorize,
sanction, ratify or support any strike, slow-down, stay-in, or
other curtailment or restriction of City operation, or interfere
with the work in or about the Employer City premises.
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SECTION 44 - NON-DISCRIMINATION AND
EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION
The Employer and the Union agree that the provisions of this
Agreement, in accordance with applicable federal and state laws,
shall be applied equally to all employees without discrimination
as to race, color, religion, sex, age, national origin, height,
weight or marital status. The Union acknowledges that the City
of Muskegon may adopt and implement an affirmative action plan
for hiring purposes only. The Union will be afforded a copy of
the affirmative action plan after it is adopted by City
Commission. As long as the plan effects only hiring, the
parties agree that the plan is a management right.
SECTION 45 - RESIDENCY
The union acknowledges Employer’s the city's desire to encourage
residency but not require such for employees of this bargaining
unit. 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 Ccity of Muskegon. For purposes of any incentive, City
reserves the right, in its sole discretion, to determine whether
an employee is a resident. The incentives will not eliminate,
change or modify any present benefit provided for in this
collective bargaining Agreement. Bargaining unit members will
receive the same residency incentives as non-union employees.
SECTION 46 - JOB CLASSIFICATIONS AND JOB DESCRIPTIONS
46.1 The parties negotiated written job descriptions for the
classifications represented by the Union and agreed that the
following language will be added to each of said job
descriptions: "Job descriptions are official records which
indicate seniority groupings, primary functions, tools and
equipment of various jobs. They are not absolutely controlling
upon the assignment of work, nor do they spell out accurately or
completely all the duties and responsibilities of a job. Their
function is to identify jobs for purposes of wage determination
and provide a permanent record of the ratings applied and the
principal characteristics of the job."
46.2 All employees in the position of Mechanic are required as
a condition of continued employment to be state certified as a
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Master Mechanic. Applicants for the position of Mechanic must
have passed four parts of the Master Mechanic certification at
the time of appointment and must be a state certified Master
Mechanic by completion of probation.
46.3 In all Leisure Service facilities, LSM II’s are permitted
to use any piece of equipment. To the extent that an LSM II has
a CDL with an A endorsement, the individual shall be paid the
same as Equipment Operator.
46.4 3 It is the employee’s responsibility to keep all
certificates current and licenses required by job descriptions
or compensation current. Failure to maintain such may result in
the employee being suspended without pay if the primary job
functions cannot be performed without the certification.
Employees have to obtain their certification at the first
available opportunity or they will be terminated. It is the
responsibility of the employee to ensure they apply for and sit
for any exam required for certification.taken off payroll until
the certifications are obtained.
46.54 During the term of this contract, the Union will
work with Civil Service on updating job descriptions.
46.5 The following classifications in Appendix A require State
of Michigan drinking water licenses: Chemist, Chief Water
Operator, Water Filtration Maintenance Worker, and Water
Filtration Plant Operator.
46.6 If an employee in a classification listed in Section 46.5
is unable to obtain certification within the 6-month
probationary period, they will be permitted to pass their
probationary period, subject to all other requirements of this
agreement. Beginning on the date in which the employee passes
probation, they will have two (2) years to obtain the necessary
certification. Failure to obtain the required certification
within two (2) years from the date of hire will result in
termination with no right to return to their former position.
The Department Head will notify the Union in writing of any
employee who has passed probation but still needs to obtain the
necessary licenses.
46.7 The following classifications require a certain license or
certification: Urban Forester with Tree Trimmer, Parks
Maintenance Worker II with CDL, Water Sewer Maintenance Worker
with S License. For the purposes of this requirement an S
License refers to S 1, 2, 3, or 4. Employees in the
classifications of Urban Forester, Parks Maintenance Worker II,
or Water Sewer Maintenance Worker will be promoted at the next
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pay period after receiving the required license or
certification.
Employees in the classification of Urban Forester with Tree
Trimmer, Parks Maintenance Worker II with CDL, or Water Sewer
Maintenance Worker with S License who lose their license or
certification will be demoted at the next pay period. Example:
• Urban Forester with Tree Trimmer demoted to Urban Forester.
• Parks Maintenance Worker II with CDL demoted to Parks
Maintenance Worker II
• Water Sewer Maintenance Worker with S License demoted to
Water Sewer Maintenance Worker.
SECTION 47 - CONTRACTING OUT WORK
47.1 Employer The City agrees that work customarily done by the
Bargaining Unit will not be contracted out as long as Employer
the City has operable equipment and qualified employees
available to do the work which is required, provided that the
cost of doing the work in house will not exceed the cost of
contracting the work out. In any event, no subcontract shall be
entered into without Employer the City having given thirty (30)
days written notice to the Union in advance of said subcontract,
and without first having negotiated with the Union as to the
effects of said subcontract upon the members of the bargaining
unit. Upon the expiration of a given subcontract, the Union
shall have the right, upon thirty (30) days' advance written
notice and/or demand, to negotiate the issue of whether
bargaining unit members can perform the work at a cost savings
to Employer the City from that of contracting the work out.
47.2 General labor work of the type normally performed by
employees of this bargaining unit may be performed by people
assigned through a prison, jail or court ordered program, e.g.,
Camp Muskegon personnel, Muskegon County Jail prisoners, etc.
Employer The City may use such programs only if Employer the
City in the current month is employing the same number of
seasonal employees, to a maximum number of fifteen (15), as were
employed in the same month in the previous year. The maximum
number of protected positions, fifteen (15), which must be
filled prior to the use of prisoners in the month in question,
shall consist of ten (10) seasonal maintenance workers, which
shall be hired first, and five (5) seasonal laborers.
Seasonal maintenance workers not on the recall list shall be
selected in the sole discretion of management.
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By way of further explanation, if in a given month in the
previous year Employer the City was not employing any seasonals,
the prison programs may be utilized without regard to employment
of seasonal maintenance workers or seasonal laborers. If in the
same month in the previous year there were twelve (12) seasonal
maintenance workers and/or seasonal laborers employed, Employer
the City must employ ten (10) seasonal maintenance workers and
two (2) seasonal laborers prior to the utilization of any prison
program for that month. If in the same month in the previous
year there were in excess of fifteen (15) seasonal maintenance
workers and/or seasonal laborers employed, Employer the City
must employ ten (10) seasonal maintenance workers and five (5)
seasonal laborers prior to the utilization of any prison program
for that month.
The prison programs may not supplant full-time non-seasonal
employees or result in the layoff of full-time non-seasonal
employees or the continuance thereof. The prison program is
intended to supplement Employer’s the City work force as
constituted for normal City work."
SECTION 48 - DRIVERS LICENSE
48.1 For all employees who are required as part of their job
description to possess a valid Michigan motor vehicle operator's
license, it is the employee's obligation to inform the employer
upon the revocation or suspension of the employee's Michigan
motor vehicle operator's license. Should the employee fail to
divulge the revocation or suspension and the employer discovers
the revocation or suspension, discipline may be imposed as a
Group 2 offense. If at the end of the disciplinary suspension
the employee does not have valid, Michigan motor vehicle
operator's license, then the employee shall request a leave of
absence as permitted under the contract.
48.2 If an employee's Michigan motor vehicle operator's
license is suspended or revoked and the employee notifies the
employer of such, the employee shall receive authorized unpaid
twenty-four (24) hours (one (1) day) leave to obtain a valid
Michigan motor vehicle operator's license. If the employee is
not able to obtain a valid Michigan motor vehicle operator's
license within the twenty-four (24) hours (one (1) day), then
the employee shall request a leave of absence as permitted under
the contract.
48.3 If an employee's Michigan motor vehicle operator's
license is suspended or revoked, the employer may require the
employee to continue working doing jobs which do not require
possession of a valid Michigan motor vehicle operator's license.
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The employer's option shall be in the sole discretion of the
employer. The employer's decision as to a given employee shall
have no impact or effect on the decision relative to another
employee.
48.4 For purposes of promotion, the Civil Service Commission's
rules relating to reviewing driver’s license history as attached
in Appendix E shall be applicable to members of this unit
effective January 1, 1998. The rules shall not apply in
situations of determining who should be laid off or recalled
pursuant to Section 14. Other sanctions due to drivers licenses
are not affected by this subsection.
SECTION 49 - CALL-IN PROCEDURE
49.1 All employees who will be tardy or absent from work must
call in by the normal starting time, unless there is a
reasonable explanation as defined by Appendix G. Tardy is
defined as the first 30 minutes within the start time. Absent is
defined as being over 30 minutes past the start time. An
employee who fails to call in before the normal start time shall
be disciplined as a Group 1 offense.
An employee who calls in late, even if not disciplined, will not
be paid for that day and will not be allowed to use a sick leave
day, personal leave day or vacation day in order to be paid that
day.
If an employee calls in on time but has no sick leave bank, the
employee will be disciplined unless the absence is authorized by
evidencing a medical certificate as specified in Section 25.8 or
authorized in the supervisor's discretion.
49.25 Employer The City shall establish a central 24 hour
telephone number or service for employees to contact if the
employee will be absent. Employees are to contact the central
number or service in order to comply with Section 50.1this
section.
49.32 An employee who is tardy and calls in before the normal
start time shall be counted as tardy and shall make up the
amount of time they are tardy within the pay period. After 5
tardies have accumulated in not more than one year, the employee
shall be disciplined as a Group 1 offense for each subsequent
tardy. An employee who is tardy and fails to call in before the
normal start time may be disciplined as a Group 1 offense.
49.3 An employee who is absent and calls in before the normal
start time will not be paid unless there is a qualifying use of
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sick time. An employee who is absent and fails to call in before
the normal start time may be disciplined as a Group 1 offense
and will not be paid for the time absent.
49.4 If an employee calls in on time but has not benefit time
available, the employee may be disciplined as a Group 1 offense,
unless covered by another section.
49.5 Employer shall establish a central 24 hour telephone
number or service for employees to contact if the employee will
be absent. Employees are to contact the central number or
service in order to comply with this section.
SECTION 50 - COMMERCIAL DRIVERS LICENSE
50.1 The following positions are required to obtain and
maintain the appropriate type of C.D.L. with pertinent
endorsements.
Classification Type Endorsement(s)
Electronics Technician B Air Brakes
Maintenance Electrician B Air Brakes
Sign Fabricator B Air Brakes
Mechanic A Air Brakes, Tank
Water & Sewer Maintenance Worker w/
S license B Air Brakes, Tank
Water & Sewer Maintenance Worker B Air Brakes, Tank
Equipment Operator A Air Brakes, Tank
Traffic Sign Maintenance Worker B Air Brakes
Cemetery Maintenance Worker A Air Brakes
Small Equipment Mechanic A Air Brakes
Parks Maintenance Worker II with CDL A Air Brakes
Urban Forester w/ Tree Trimmer A Air Brakes
Urban Forester A Air Brakes
Leisure Service II A Air Brakes
Leisure Service III A Air Brakes
Horticulturalist A Air Brakes, Tank
50.2 All employees in classifications specified in Section 50.1
shall be required to have the C.D.L. and endorsements at the
conclusion of the probationary period. If an employee does not
have the required C.D.L. and endorsement by the conclusion of
the employee’s probationary period, the Director of Public Works
may extend probation by thirty (30) additional calendar days
upon mutual agreement by the Employer and Union; and provided
the Employer notify the Union and Employee in writing not less
than five (5) days before the expiration of the probationary
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period. If additional time is needed beyond the thirty (30) day
extension, then the Employer and Union will discuss. All
probationary period extensions will be by mutual agreement
between the Employer and Union. If probation is extended, the
employee’s wages will not change until the employee passes
probation. Loss of the C.D.L. and/or endorsements shall result
in termination except as described in 46.7.
SECTION 51 - DEFINED BENEFIT RETIREMENT PLAN
51.1 ELIGIBILITY. The Defined Benefit Retirement Plan is
applicable only to unit members hired before January 1, 2006.
51.2 TRANSFER TO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM.
Effective April 1, 2007, the assets and liabilities of the City
of Muskegon General Employees Retirement System associated with
Employer City employees represented by Local 517M Unit 2 Service
Employees international Union 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 General Employees Retirement System.
51.3 CONTRIBUTION RATE. Employees shall contribute five
percent (5%) of compensation as defined by MERS.
51.4 RETIREMENT BENEFIT. An Employee who retires between
April 1, 2007 and January 1, 2009 shall be entitled to a
retirement benefit pursuant to MERS Benefit Program. For
Employees who retire after January 1, 2009 and before December
31, 2016, the pension multiplier shall be 2.25% (MERS B-3) of
final average compensation (MERS FAC-3), not to exceed 80% of
employee's final average compensation.
An employee who retires on or after January 1, 2017 shall
receive a bridged benefit as follows:
a) A pension multiplier of 2.25% for service prior to
January 1, 2017 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, 2016; plus
b) A pension multiplier of 2.00% for service on or after
January 1, 2017 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.
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The total pension benefit shall not exceed 80% of the
“termination final average compensation”.
Effective January 1, 2012, final average compensation shall not
include more than 240 hours of leave time per year and shall not
include any overtime paid on or after January 1, 2012.
Employees shall also be entitled to the (MERS RS50) spousal
benefit.
51.5 DEFERRED RETIREMENT. Effective April 1, 2007 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.
51.6 DISABILITY BENEFITS. Effective April 1, 2007 an
Employee eligible for duty-related disability benefits, as
determined by MERS, shall receive those disability benefits
afforded by MERS (MERS D-2).
51.7 RETIREMENT ELIGIBILITY. Vested employees are eligible
to retire at age sixty (60) or at age fifty-five (55) with
thirty (30) years of service (MERS F55/30).
51.8 WITHDRAWAL OF EMPLOYEE CONTRIBUTIONS. To the extent
allowed by MERS, an Employee who retires on or after April 1,
2007 may elect to be paid a refund of the accumulated
contributions standing to the member's credit at the effective
date of retirement. Upon 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.
51.9 OUTSTANDING SICK LEAVE. Accumulated sick leave hours
paid out at retirement at three-quarters rate under Section
24.12 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 frozen or termination FAC computation will be 144
hours.
51.10PURCHASING ADDITIONAL SERVICE CREDIT. To the extent
allowed by MERS, members may purchase additional service credit
at actuarial cost.
51.11POST-RETIREMENT BENEFIT ESCALATOR. The City Commission
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will decide each year whether and to what extent a MERS Flexible
E post-retirement benefit shall be given.
SECTION 52 – DEFINED CONTRIBUTION RETIREMENT PLAN
52.1 ELIGIBILITY. The Defined Contribution Retirement Plan
shall be available to all members of this unit that entered the
unit after January 1, 2006, and any current employees who have
opted to quit the Defined Benefit Retirement Plan and opted to
join the Defined Contribution Retirement Plan. A decision to
opt out of the Defined Benefit Retirement Plan and to join the
Defined Contribution Retirement Plan is irrevocable.
52.2 CONTRIBUTIONS. From January 1, 2006 through December 31,
2018, Employer the City shall contribute three percent (3%) of
compensation. Effective January 1, 2019, Employer the City
shall contribute six percent (6%) of compensation for every
employee covered by this collective bargaining agreement.
Prior to January 1, 2019, the member in this plan may make a
one-time election either not to contribute or to contribute
three percent (3%) of compensation. If the member elects to
contribute, then Employer the City shall match that
contribution, dollar-for-dollar.
Effective January 1, 2019, for any employee hired prior to
January 1, 2019 and had elected to contribute three percent (3%)
of compensation, Employer the City shall match the contribution
dollar-for-dollar, with the Employer’s City’s match being
limited to 2% of compensation. An election, which would have
been made at the time the employee was hired, to not contribute
shall continue.
For any employee hired after January 1, 2019, the member may
make a one-time election either not to contribute or to
contribute two percent (2%) of compensation. If the member
elects to contribute two percent (2%) of compensation, then
Employer the City shall match that contribution, dollar-for-
dollar.
"Compensation" shall be Medicare-taxable wages as reported on
the employee's W-2 Form.
52.3 VESTING. Member contributions, including any member
contributions transferred from the Defined Benefit Retirement
Plan, shall be fully vested when made. Employer City
contributions, including any non-member contribution transferred
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from the Defined Benefit Retirement Plan, shall become vested
according to the following schedule:
20% after the first full year of service;
40% after the second full year of service;
60% after the third full year of service;
80% after the fourth full year of service; and
100% after the fifth full year of service.
A year of coverage will include time on the Employer’s
City's payroll and a member of the Defined Benefit Retirement
Plan.
52.5 INTERNAL REVENUE CODE COMPLIANCE. This plan shall fully
comply with all Internal Revenue Code provisions, regulations,
and rulings. To the extent that there is a conflict, the
Internal Revenue Code supersedes any collective bargaining
agreement provision.
SECTION 53 – DEFERRED COMPENSATION ACCOUNT
The Employer agrees to match employee contributions to the
Internal Revenue Code Section 457 (Deferred Compensation)
Retirement plan on a $1 for $1 basis in the amount of $2000 per
employee per year.
SECTION 53 54 - DRUG TESTING
All employees covered by this contract shall be covered by the
Employer’s City's drug and alcohol policy. Drug testing will be
applied as provided for in Appendix F. Random drug testing will
apply only to employees in positions requiring a C.D.L. as
specified in Section 501.1.
SECTION 55 – BEACH PARKING PASSES
Each non-resident employee covered by this Agreement shall be
provided two (2) non-resident seasonal beach parking passes.
Each resident employee covered by this agreement is entitled to
receive a maximum of two (2) resident seasonal beach parking
passes per year, including any passes granted based on their
residency. If requested by the employee, a launch ramp permit
will be issued instead of beach parking passes.
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SECTION 54 56 - DURATION
This Agreement shall be in effect from January 1, 2026, to June
30, 2029, inclusive, and from year to year thereafter subject to
sixty (60) calendar days' notice in writing prior to the
expiration of this Agreement of a desire to amend or modify this
Agreement. All provisions of this Agreement not specifically
amended or modified through subsequent written agreements shall
remain in full force and effect.This Agreement shall be in
effect from January 1, 2022 to December 31, 2025, inclusive, and
from year to year thereafter subject to sixty (60) calendar
days' notice in writing prior to the expiration of this
Agreement of a desire to amend or modify this Agreement. Such
notice may be given by either party to the other, and shall
specify the part or parts of the Agreement to be amended or
modified, but shall not be restrictive of the subjects to be
negotiated. All provisions of this Agreement not specifically
amended or modified through subsequent written agreements shall
remain in full force and effect.
54.1 In the event of a failure of the parties to reach an
agreement upon such amendments or modifications by December 31,
2021, all subsequent agreements shall be retroactive not to
exceed thirty (30) calendar days from the date of final
agreement; provided that such retroactivity shall not precede
the expiration date of this Agreement.
54.2 In the event of a failure of the parties to reach an
agreement upon such amendments or modifications through any
agreement subsequent to December 31, 2021, this written
Agreement shall be subject to termination upon thirty (30) days'
prior notice of such action by either party.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
SECTION 55 57 – EMERGENCY MANAGER
Pursuant to the Local Government and School District Fiscal
Accountability Act (“Act”), MCL § 141.1501 et. seq., an
emergency manager may be appointed and he/shethey shall be
allowed to reject, modify or terminate this collective
bargaining agreement as provided for in the Act.
Remainder of page left intentional blank
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LOCAL 517M, Unit 2
____________________________________
Dated: Labor Representative, Christine
Stressman
____________________________________
Dated: Unit President, David Harvey
CITY OF MUSKEGON
____________________________________
Dated: Ken Johnson, Its Mayor
____________________________________
Dated: Ann Marie Meisch, Its City Clerk
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TABLE OF CONTENTS
Page No.
SECTION 1 PURPOSE 1
SECTION 2 DEFINITIONS 1
SECTION 3 RECOGNITION 1
SECTION 4 UNION SECURITY 2
SECTION 5 DEDUCTION OF DUES 3
SECTION 6 MAINTENANCE OF DUES 3
SECTION 7 MANAGEMENT RIGHTS 3
SECTION 8 REPRESENTATION 4
SECTION 9 GRIEVANCE PROCEDURE 6
SECTION 10 TIME LIMITS 7
SECTION 11 ARBITRATION AS TERMINAL POINT OF
GRIEVANCE PROCEDURE 8
SECTION 12 SENIORITY 8
SECTION 13 TEMPORARY SEASONAL EMPLOYEES 10
SECTION 14 LAYOFF AND RECALLS 11
SECTION 15 VACANCIES AND JOB OPENINGS 13
SECTION 16 NON-PROMOTIONAL TRANSFERSINTENTIONALLY OMITTED 14
SECTION 17 PROMOTIONS 14
SECTION 18 WORKING HOURS COVERING STANDARD OPERATIONS 15
SECTION 19 OVERTIME AND HOLIDAY PAY 16
SECTION 20 HOURS OF WORK COVERING NECESSARY
SEVEN-DAY CONTINUOUS OPERATIONS 18
SECTION 21 MEAL PERIODS 19
SECTION 22 REST PERIODS 20
SECTION 23 VACATIONS 20
SECTION 24 SICK LEAVE 23
SECTION 25 LEGAL HOLIDAYS TO BE OBSERVED WITH PAY 28
SECTION 26 PERSONAL LEAVE DAY 29
SECTION 27 BEREAVEMENT LEAVE 30
SECTION 28 MILITARY LEAVES 31
SECTION 29 MATERNITY LEAVE 32
SECTION 30 UNPAID LEAVES OF ABSENCE 32
SECTION 31 JURY DUTY 32
SECTION 32 HEALTH AND WELFARE 33
SECTION 33 MEDICAL 35
SECTION 34 INSURANCE 35
SECTION 35 LONGEVITY PAY PLAN - RULES AND REGULATIONS 37
SECTION 36 WAGE AND SALARY AGREEMENT 38
SECTION 37 GENERAL 40
SECTION 38 SUPERVISION WORKING 40
SECTION 39 STATE OF EMERGENCY 41
SECTION 40 SEPARABILITY 41
SECTION 41 VALIDITY 41
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SECTION 42 MAINTENANCE OF CONDITIONS 42
SECTION 43 NO STRIKE - NO LOCK-OUT 42
SECTION 44 NON-DISCRIMINATION AND EQUAL EMPLOYMENT
OPPORTUNITY - AFFIRMATIVE ACTION 43
SECTION 45 RESIDENCY 43
SECTION 46 JOB CLASSIFICATIONS AND JOB DESCRIPTIONS 43
SECTION 47 CONTRACTING OUT WORK 44
SECTION 48 DRIVERS LICENSE 45
SECTION 549 CALL-IN PROCEDURE 46
SECTION 50 COMMERCIAL DRIVERS LICENSE 46
SECTION 51 DEFINED BENEFIT RETIREMENT PLAN 47
SECTION 52 DEFINED CONTRIBUTION RETIREMENT PLAN 49
SECTION 53 DRUG TESTING 50
SECTION 54 DEFERRED COMPENSATIONC ACCOUNT 50
SECTION 55 BEACH PARKING PASSES 51
SECTION 564 DURATION 51
SECTION 575 EMERGENCY MANAGER 51
SIGNATURES 52
* * * * *
APPENDIX A - Wage Scale Effective January 1, 20222026
APPENDIX B - Disciplinary Procedure
APPENDIX C - Water and Master Automotive Service Excellence
(ASE) Licenses
APPENDIX D - Drug and Alcohol Use and Abuse Policy
APPENDIX E - Driving Record Requirements
APPENDIX F - Letter of Understanding Regarding Failure to
Notify
APPENDIX G - 24 Hour Call-In Procedure
Page 148 of 293
AGREEMENT
between
THE CITY OF MUSKEGON, MICHIGAN
A HOME RULE CITY
and
LOCAL # 517M
UNIT 2
SERVICE EMPLOYEES INTERNATIONAL UNION
January 1, 2022 2026 through December 31, 2025June 30, 2029
**********
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 27, 2026 Title: Lakeshore Drive Reconstruction MDOT
Agreement
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
Staff is requesting approval of a contract with MDOT for the repaving of Lakeshore Drive from the
roundabout at Beach Street to 600 feet west of Sherin Street, and approval of a resolution authorizing
the DPW Director and Clerk to sign the contract.
Detailed Summary & Background:
This is the standard contract that governs construction contracts that use federal funds and/or are
administered through MDOT. The construction project funding breakdown is shown in the table
below. These costs differ slightly from the numbers in the agreement, as these have been updated
based on the bids recieved.
Road Portion Sewer Water Total
Portion Portion
Federal $989,600 N/A N/A $989,600
Funds
City Funds $756,206.24 $245,389.00 $414,801.00 $1,416,396.24
Total $1,745,806.24 $245,389.00 $414,801.00 $2,405,996.24
A meeting was held with the residents and businesses along and near the project last summer, and
the final version of the plans will be available for viewing at the Annual Construction Projects Open
House on February 18th. The project was bid earlier this month with AnLaan Corporation of Grand
Rapids being the low bidder and receiving award. The exact schedule is not known at this time,
however the contract includes provisions requiring the work to be done in two phases so that the
roadway is open to traffic from Memorial Day to Labor Day. Once the City and the contractor have
met and details have been provided, more information will be provided to residents and businesses
along the route and provided to the public via the website and other means.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Improved transportation connections
throughout the community
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
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Amount Requested: Budgeted Item:
$2,405,996.24 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Major Streets (202), Sewer (590) and Water (591) Yes No X N/A
Recommended Motion:
Move to approve a contract with MDOT for the repaving of Lakeshore Drive from the roundabout at
Beach Street to 600 feet west of Sherin Street, and approval of a resolution authorizing the DPW
Director and Clerk to sign the contract.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X Purchasing Policy
Head
Information
Technology
Other Division Heads
Communication
Legal Review
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RESOLUTION __________
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR:
PART A – FEDERAL PARTICIPATION
Hot mix asphalt road reconstruction, cold milling and resurfacing along Lakeshore
Drive from Beach Street to approximately 600 feet west of Sherin Street, including
grading, aggregate base, concrete curb and gutter, curb ramps, storm sewer,
sidewalk, driveways, guardrail, rectangular rapid flashing beacons, permanent
signing and pavement markings; and all together with necessary related work.
PART B – NO FEDERAL PARTICIPATION
Sanitary sewer, water main and services, associated concrete sidewalk, curb and
gutter and pavement repairs, irrigation and restoration along the limits as described in
PART A; and all together with necessary related work.
Moved by Commissioner ________________ and supported by Commissioner
______________ the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 25-5575 between the
Michigan Department of Transportation and the City of Muskegon for the
Reconstruction of Lakeshore Drive between the Beach Street Roundabout and
600 feet West of Sherin Street within the City is in the best interests of the City of
Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 25-5575 be and
the same is hereby authorized and approved and the DPW Director and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.
Adopted this 27TH day of January, 2026.
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
January 27, 2026. The meeting was properly held and noticed pursuant to the
Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By___________________________
Ann Meisch, City Clerk
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STP DA
Control Section STUL 61000
Job Number 215733CON
Project 26A0049
CFDA No. 20.205 (Highway Research
Planning & Construction)
Contract No. 25-5575
PART I
THIS CONTRACT, consisting of PART I and PART II (Standard Agreement Provisions),
is made by and between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter
referred to as the "DEPARTMENT"; and the CITY OF MUSKEGON, a Michigan municipal
corporation, hereinafter referred to as the "REQUESTING PARTY"; for the purpose of fixing the
rights and obligations of the parties in agreeing to the following improvements, in Muskegon,
Michigan, hereinafter referred to as the "PROJECT" and estimated in detail on EXHIBIT "I", dated
November 14, 2025, attached hereto and made a part hereof:
PART A – FEDERAL PARTICIPATION
Hot mix asphalt road reconstruction, cold milling and resurfacing along Lakeshore Drive
from Beach Street to approximately 600 feet west of Sherin Street, including grading,
aggregate base, concrete curb and gutter, curb ramps, storm sewer, sidewalk, driveways,
guardrail, rectangular rapid flashing beacons, permanent signing and pavement markings;
and all together with necessary related work.
PART B – NO FEDERAL PARTICIPATION
Sanitary sewer, water main and services, associated concrete sidewalk, curb and gutter and
pavement repairs, irrigation and restoration along the limits as described in PART A; and
all together with necessary related work.
WITNESSETH:
WHEREAS, pursuant to Federal law, monies have been provided for the performance of
certain improvements on public roads; and
WHEREAS, the reference "FHWA" in PART I and PART II refers to the United States
Department of Transportation, Federal Highway Administration; and
WHEREAS, the PROJECT, or portions of the PROJECT, at the request of the
REQUESTING PARTY, are being programmed with the FHWA, for implementation with the use
of Federal Funds under the following Federal program(s) or funding:
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SURFACE TRANSPORTATION PROGRAM
WHEREAS, the parties hereto have reached an understanding with each other regarding
the performance of the PROJECT work and desire to set forth this understanding in the form of a
written contract.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of
the parties and in conformity with applicable law, it is agreed:
1. The parties hereto shall undertake and complete the PROJECT in accordance with
the terms of this contract.
2. The term "PROJECT COST", as herein used, is hereby defined as the cost of the
physical construction necessary for the completion of the PROJECT, including any other costs
incurred by the DEPARTMENT as a result of this contract, except construction engineering and
inspection.
No charges will be made by the DEPARTMENT to the PROJECT for any inspection work
or construction engineering.
The costs incurred by the REQUESTING PARTY for preliminary engineering,
construction engineering, construction materials testing, inspection, and right-of-way are excluded
from the PROJECT COST as defined by this contract.
The Michigan Department of Environment, Great Lakes, and Energy has informed the
DEPARTMENT that it adopted new administrative rules (R 325.10101, et. seq.) which prohibit
any governmental agency from connecting and/or reconnecting lead and/or galvanized service
lines to existing and/or new water main. Questions regarding these administrative rules should be
directed to Michigan Department of Environment, Great Lakes, and Energy. The cost associated
with replacement of any lead and/or galvanized service lines, including but not limited to
contractor claims, will be the sole responsibility of the REQUESTING PARTY.
3. The DEPARTMENT is authorized by the REQUESTING PARTY to administer on
behalf of the REQUESTING PARTY all phases of the PROJECT, including advertising and
awarding the construction contract for the PROJECT or portions of the PROJECT. Such
administration shall be in accordance with PART II, Section II of this contract.
Any items of the PROJECT COST incurred by the DEPARTMENT may be charged to the
PROJECT.
4. The REQUESTING PARTY, at no cost to the PROJECT or to the DEPARTMENT,
shall:
A. Design or cause to be designed the plans for the PROJECT.
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B. Appoint a project engineer who shall be in responsible charge of the
PROJECT and ensure that the plans and specifications are followed.
C. Perform or cause to be performed the construction engineering, construction
materials testing, and inspection services necessary for the completion of
the PROJECT.
The REQUESTING PARTY will furnish the DEPARTMENT proposed timing sequences
for trunkline signals that, if any, are being made part of the improvement. No timing adjustments
shall be made by the REQUESTING PARTY at any trunkline intersection, without prior issuances
by the DEPARTMENT of Standard Traffic Signal Timing Permits.
5. The PROJECT COST shall be met in accordance with the following:
PART A
Federal Surface Transportation Small MPO Funds in combination with Federal
Surface Transportation Flex Funds shall be applied to the eligible items of the
PART A portion of the PROJECT COST up to the lesser of: (1) $989,600 or (2) an
amount such that 81.85 percent, the normal Federal participation ratio for such
funds, for the PART A portion of the PROJECT is not exceeded at the time of the
award of the construction contract with Federal Surface Transportation Flex Funds
limited to $135,266 and used first. The balance of the PART A portion of the
PROJECT COST, after deduction of Federal Funds, shall be charged to and paid
by the REQUESTING PARTY in the manner and at the times hereinafter set forth.
PART B
The PART B portion of the PROJECT COST is not eligible for Federal
participation and shall be charged to and paid 100 percent by the REQUESTING
PARTY in the manner and at the times hereinafter set forth.
Any items of PROJECT COST not reimbursed by Federal Funds will be the sole
responsibility of the REQUESTING PARTY.
6. No working capital deposit will be required for this PROJECT.
In order to fulfill the obligations assumed by the REQUESTING PARTY under the
provisions of this contract, the REQUESTING PARTY shall make prompt payments of its share
of the PROJECT COST upon receipt of progress billings from the DEPARTMENT as herein
provided. All payments will be made within 30 days of receipt of billings from the
DEPARTMENT. Billings to the REQUESTING PARTY will be based upon the REQUESTING
PARTY'S share of the actual costs incurred less Federal Funds earned as the PROJECT progresses.
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7. Upon completion of construction of the PROJECT, the REQUESTING PARTY
will promptly cause to be enacted and enforced such ordinances or regulations as may be necessary
to prohibit parking in the roadway right-of-way throughout the limits of the PROJECT.
8. The performance of the entire PROJECT under this contract, whether Federally
funded or not, will be subject to the provisions and requirements of PART II that are applicable to
a Federally funded project.
In the event of any discrepancies between PART I and PART II of this contract, the
provisions of PART I shall prevail.
Build America, Buy America Requirements (2 CFR Part 184 and 2 CFR 200.322) and Buy
America Requirements (23 CFR 635.410) shall apply to the PROJECT and will be adhered to, as
applicable, by the parties hereto.
9. The REQUESTING PARTY certifies that it is not aware if and has no reason to
believe that the property on which the work is to be performed under this agreement is a facility,
as defined by the Michigan Natural Resources and Environmental Protection Act [(NREPA), PA
451, 1994, as amended 2012]; MCL 324.20101(1)(s). The REQUESTING PARTY also certifies
that it is not a liable party pursuant to either Part 201 or Part 213 of NREPA, MCL 324.20126 et
seq. and MCL 324.21323a et seq. The REQUESTING PARTY is a local unit of government that
has acquired or will acquire property for the use of either a transportation corridor or public right-
of-way and was not responsible for any activities causing a release or threat of release of any
hazardous materials at or on the property. The REQUESTING PARTY is not a person who is
liable for response activity costs, pursuant to MCL 324.20101 (vv) and (ww).
10. If, subsequent to execution of this contract, previously unknown hazardous
substances are discovered within the PROJECT limits, which require environmental remediation
pursuant to either state or federal law, the REQUESTING PARTY, in addition to reporting that
fact to the Michigan Department of Environment, Great Lakes, and Energy, shall immediately
notify the DEPARTMENT, both orally and in writing of such discovery. The DEPARTMENT
shall consult with the REQUESTING PARTY to determine if it is willing to pay for the cost of
remediation and, with the FHWA, to determine the eligibility, for reimbursement, of the
remediation costs. The REQUESTING PARTY shall be charged for and shall pay all costs
associated with such remediation, including all delay costs of the contractor for the PROJECT, in
the event that remediation and delay costs are not deemed eligible by the FHWA. If the
REQUESTING PARTY refuses to participate in the cost of remediation, the DEPARTMENT shall
terminate the PROJECT. The parties agree that any costs or damages that the DEPARTMENT
incurs as a result of such termination shall be considered a PROJECT COST.
11. If federal and/or state funds administered by the DEPARTMENT are used to pay
the cost of remediating any hazardous substances discovered after the execution of this contract
and if there is a reasonable likelihood of recovery, the REQUESTING PARTY, in cooperation
with the Michigan Department of Environment, Great Lakes, and Energy and the DEPARTMENT,
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shall make a diligent effort to recover such costs from all other possible entities. If recovery is
made, the DEPARTMENT shall be reimbursed from such recovery for the proportionate share of
the amount paid by the FHWA and/or the DEPARTMENT and the DEPARTMENT shall credit
such sums to the appropriate funding source.
12. The DEPARTMENT'S sole reason for entering into this contract is to enable the
REQUESTING PARTY to obtain and use funds provided by the Federal Highway Administration
pursuant to Title 23 of the United States Code.
Any and all approvals of, reviews of, and recommendations regarding contracts,
agreements, permits, plans, specifications, or documents, of any nature, or any inspections of work
by the DEPARTMENT or its agents pursuant to the terms of this contract are done to assist the
REQUESTING PARTY in meeting program guidelines in order to qualify for available funds.
Such approvals, reviews, inspections and recommendations by the DEPARTMENT or its agents
shall not relieve the REQUESTING PARTY and the local agencies, as applicable, of their ultimate
control and shall not be construed as a warranty of their propriety or that the DEPARTMENT or
its agents is assuming any liability, control or jurisdiction.
The providing of recommendations or advice by the DEPARTMENT or its agents does not
relieve the REQUESTING PARTY and the local agencies, as applicable of their exclusive
jurisdiction of the highway and responsibility under MCL 691.1402 et seq., as amended.
When providing approvals, reviews and recommendations under this contract, the
DEPARTMENT or its agents is performing a governmental function, as that term is defined in
MCL 691.1401 et seq., as amended, which is incidental to the completion of the PROJECT.
Upon completion of the PROJECT, the REQUESTING PARTY shall accept the facilities
constructed as built to specifications within the contract documents. It is understood that the
REQUESTING PARTY shall own the facilities and shall operate and maintain the facilities in
accordance with all applicable Federal and State laws and regulations, including, but not limited
to, Title II of the Americans with Disabilities Act (ADA), 42 USC 12131 et seq., and its associated
regulations and standards, and DEPARTMENT Road and Bridge Standard Plans and the Standard
Specifications for Construction.
13. The DEPARTMENT, by executing this contract, and rendering services pursuant
to this contract, has not and does not assume jurisdiction of the highway, described as the
PROJECT for purposes of MCL 691.1402 et seq., as amended. Exclusive jurisdiction of such
highway for the purposes of MCL 691.1402 et seq., as amended, rests with the REQUESTING
PARTY and other local agencies having respective jurisdiction.
14. The REQUESTING PARTY shall approve all of the plans and specifications to be
used on the PROJECT and shall be deemed to have approved all changes to the plans and
specifications when put into effect. It is agreed that ultimate responsibility and control over the
PROJECT rests with the REQUESTING PARTY and local agencies, as applicable.
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15. The REQUESTING PARTY agrees that the costs reported to the DEPARTMENT
for this contract will represent only those items that are properly chargeable in accordance with
this contract. The REQUESTING PARTY also certifies that it has read the contract terms and has
made itself aware of the applicable laws, regulations, and terms of this contract that apply to the
reporting of costs incurred under the terms of this contract.
16. Each party to this contract will remain responsible for any and all claims arising
out of its own acts and/or omissions during the performance of the contract, as provided by this
contract or by law. In addition, this is not intended to increase or decrease either party’s liability
for or immunity from tort claims. This contract is also not intended to nor will it be interpreted as
giving either party a right of indemnification, either by contract or by law, for claims arising out
of the performance of this contract.
17. The parties shall promptly provide comprehensive assistance and cooperation in
defending and resolving any claims brought against the DEPARTMENT by the contractor,
vendors or suppliers as a result of the DEPARTMENT'S award of the construction contract for the
PROJECT. Costs incurred by the DEPARTMENT in defending or resolving such claims shall be
considered PROJECT COSTS.
18. The DEPARTMENT shall require the contractor who is awarded the contract for
the construction of the PROJECT to provide insurance in the amounts specified and in accordance
with the DEPARTMENT'S current Standard Specifications for Construction and to:
A. Maintain bodily injury and property damage insurance for the duration of
the PROJECT.
B. Provide owner's protective liability insurance naming as insureds the State
of Michigan, the Michigan State Transportation Commission, the
DEPARTMENT and its officials, agents and employees, the
REQUESTING PARTY and any other county, county road commission, or
municipality in whose jurisdiction the PROJECT is located, and their
employees, for the duration of the PROJECT and to provide, upon request,
copies of certificates of insurance to the insureds. It is understood that the
DEPARTMENT does not assume jurisdiction of the highway described as
the PROJECT as a result of being named as an insured on the owner’s
protective liability insurance policy.
C. Comply with the requirements of notice of cancellation and reduction of
insurance set forth in the current standard specifications for construction
and to provide, upon request, copies of notices and reports prepared to those
insured.
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19. This contract shall become binding on the parties hereto and of full force and
effect upon the signing thereof by the duly authorized officials for the parties hereto and upon the
adoption of the necessary resolutions approving said contract and authorizing the signatures
thereto of the respective officials of the REQUESTING PARTY, a certified copy of which
resolution shall be attached to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed as
written below.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANSPORTATION
By___________________________ By___________________________
Title: for Department Director MDOT
By___________________________ REVIEWED
Title: By Larry Doyle at 1:23 pm, 12/1/25
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November 14, 2025
EXHIBIT I
CONTROL SECTION STUL 61000
JOB NUMBER 215733CON
PROJECT 26A0049
ESTIMATED COST
CONTRACTED WORK
PART A PART B TOTAL
Estimated Cost $1,980,095 $633,300 $2,613,395
COST PARTICIPATION
GRAND TOTAL ESTIMATED COST $1,980,095 $633,300 $2,613,395
Less Federal Funds* $ 989,600 $ 0 $ 989,600
BALANCE (REQUESTING PARTY'S SHARE) $ 990,495 $633,300 $1,623,795
*Federal Funds for the PROJECT are limited to an amount as described in Section 5.
NO DEPOSIT
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 27, 2026 Title: Pedestrian Warning System on Port City Blvd
Submitted by: Joel Brookens, Engineer, Dan Department: DPW- Engineering
VanderHeide, Public Works Director
Brief Summary:
Staff is requesting authorization to approve a contract with Strain Electric in the amount of $58,850.00
for installation of a rectangular rapid flashing beacon (RRFB) on Port City Blvd at the crosswalk near
ADAC Automotive.
Detailed Summary & Background:
Bids were solicited for a construction project to replace the existing pedestrian warning system at the
crosswalk near ADAC Automotive on Port City Boulevard. ADAC has expressed growing safety
concerns for a number of years, supported by documentation of "close calls" and a high number of
staff crossings throughout the day including during dark hours. Staff from multiple departments met
with ADAC, and agreed that the existing system was failing and out of date. Modern pedestrian
warning systems are known as Rectangular Rapid Flashing Beacons, or RRFBs, and include
pedestrian-activated lights in advance and at the crossing location. Engineering staff designed an
RRFB system for the crosswalk and solicited bids for the installation. Two bids were received. Strain
Electric bid $58,850.00 and J. Ranck Electric bid $86,640.37. Staff recommends award to Strain
Electric, the low bidder, based on past experiences with positive results.
While this item was not anticipated in this year's budget the Major Streets fund carries a balance that
can cover this relatively small expense, and staff feels that with dozens of employees using this
crossing daily that this upgraded warning system is a compelling need. The major street fund budget
will be reforcast accordingly.
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
$58,850.00 Yes No x N/A
Fund(s) or Account(s): Budget Amendment Needed:
Major Streets (202) Yes x No N/A
Recommended Motion:
Move to authorize staff to enter into a contract with Strain Electric in the amount of $58,850.00 for
installation of a rectangular rapid flashing beacon (RRFB) on Port City Blvd at the crosswalk near
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ADAC Automotive.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division x
Head
Information
Technology
Other Division Heads
Communication
Legal Review
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INSTALLATION OF FLASHING BEACON ON PORT CITY BLVD
PORT CITY BLVD.
1 EA W11-2
1 EA W16-7PL
14 FT POST, STEEL, 3 LB
1 EA FLASHING BEACON
*BEACON TO FLASH IN SYNC WITH
N
BEACON ON SB LANE, ACTIVATED BY
PUSH BUTTON
MH
1 EA HH, SQUARE
1 EA HH, SQUARE 1 EA RECTANGULAR RAPID FLASHING BEACON, MODIFIED
1 EA RECTANGULAR RAPID FLASHING BEACON, MODIFIED 50 FT CONDUIT, DB1, 1.5 INCH
50 FT CABLE, CABLE PER SPECIFICATIONS OF
RECTANGULAR RAPID FLASHING BEACON
1801 E KEATING AVE
2050 PORT CITY BLVD.
1 EA METERED CONNECTION
1 EA SERVICE DISCONNECT
50 FT CONDUIT, DB1, 1.5 INCH
SANITARY
50 FT CABLE, CABLE PER SPECIFICATIONS OF 1 EA W11-2
RECTANGULAR RAPID FLASHING BEACON 1 EA W16-7PL
14 FT POST, STEEL, 3 LB
1 EA FLASHING BEACON
*BEACON TO FLASH IN SYNC WITH
NOTE: BEACON ON NB LANE, ACTIVATED BY
*CONDUIT SHALL BE INSTALLED WITHOUT PUSH BUTTON.
OPEN CUT TRENCHING. MUST BE PLACEMENT BEFORE CURVE
INSTALLED WITH HORIZONTAL BORING OR
PNEUMATIC MOLE TO AVOID TRAFFIC
IMPACT AND NEED FOR CONCRETE AND
HMA ITEMS.
*QUANTITIES AND MATERIALS FOR
REFERENCE. INSTALLATION OF BEACON
SA
NI
AND RELATED ITEMS INSTALLED
TA
R
ACCORDING TO CODE AND STANDARDS
Y
WILL BE PAID AS LSUM
* BEACONS AS ADVANCED WARNING MAY
REQUIRE ADDITIONAL CONDUIT AND CABLE
NOT SHOWN ON THESE PLANS.
LATIMER
SANITARY
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 27, 2026 Title: 1183 Pine Street HOME rehab project
Submitted by: Rhonda Kleyn, CNS Department: Community & Neighborhood
Services
Brief Summary:
Approve contractor for 1183 Pine Street HOME rehab project.
Detailed Summary & Background:
Approve selected contractor for CNS department HOME rehab project at 1183 Pine Street.
The CNS department purchased a vacant house at 1183 Pine Street for $5,000.00. The
purpose is to rehab the property and sell it to an income-eligible family.
HOME guidelines require that a lead risk assessment and asbestos testing be conducted.
The risk assessment identified significant amounts of lead throughout the house as well as asbestos
in several locations. In November 2025, an RFP was published to request bids for the lead
remediation work, asbestos removal and general rehab work following a newly configured floor
plan to produce a 3 bedroom, 1-bath house.
Bids were received from 3 contractors. The evaluation of the bids showed that two of the contractors
did not submit complete bid packets. Guidelines require complete submissions in order to be
considered for the project. We do not allow contractors to submit missing items after the deadline.
The bid is being awarded to the only contractor who submitted a complete bid.
Complete bid packets require the contractor to submit current license/s, insurance and materials
sheets along with the bid.
Bid Packet contents:
Grey Space Construction - Received bid sheets. Did not receive materials sheets, licenses or
certificate of insurance.
Badgerows Building and Remodleing - Received all required paperwork
CTI - Received licenses, certificate of insurance and bid sheets. Did not receive materials sheets.
A breakdown of the bids is attached.
This project is being awarded to Badgerow’s Building and Remodeling. Total cost will be
$278,500.00.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Additional attainable housing units and
increased rates of home ownership
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Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
$278,500.00 Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
473-731-801-201 Yes No N/A X
Recommended Motion:
I move to approve selected contractor for the HOME rehab project at 1183 Pine St.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Information
Technology
Other Division Heads
Communication
Legal Review
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Community and
Neighborhood Services
City of Muskegon
MEMO 933 Terrace Street
Second Floor
Muskegon, MI 49440
Ph: 231-724-6717
Date: 01/12/2026
To: City Commissioners
From: Rhonda Kleyn, Grants Program Coordinator
Community and Neighborhood Services
Re: 1183 Pine Street – HOME Rehab and Resale Program
______________________________________________________________________
The CNS department purchased a vacant house at 1183 Pine Street for $5,000.00. The
purpose is to rehab the property and sell to an income eligible family.
HOME guidelines require that a lead risk assessment and asbestos testing be conducted. The
risk assessment identified significant amounts of lead throughout the house as well as asbestos
in several locations. In November 2025 an RFP was published to request bids for the lead
remediation work, asbestos removal and general rehab work following a newly configured floor
plan producing a 3 bedroom, 1 bath house.
Bids were received from 3 contractors. The evaluation of the bids showed that two of the
contractors did not submit complete bid packets. Guidelines require complete submissions in
order to be considered for the project. The bid is being awarded to the only contractor who
submitted a complete bid.
A breakdown of the bids is below.
Lead Asbestos General Rehab
Contractor Project Total
Remediation Removal Total
Badgerow's B&R $39,100.00 $33,000.00 $206,400.00 $278,500.00
CTI $174,750.00 $57,090.00 $525,500.00 $757,340.00
Grey Space Construction $40,900.00 $9,640.00 $201,600.00 $252,140.00
This project is being awarded to Badgerow’s Building and Remodeling. Total cost will be
$278,500.00.
This memo explains the request to move forward with rehab at 1183 Pine Street.
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1183 Pine Street Bid Comparison
Contractor Asbestos Removal General Rehab Lead TOTAL
Grey Space Construction $9,640.00 $201,600.00 $40,900.00 $252,140.00
Badgerow's Building and Remodeling $33,000.00 $206,400.00 $39,100.00 $278,500.00
CTI $57,090.00 $525,500.00 $174,750.00 $757,340.00
General Rehab Demo Roofing Tree Removal Siding Exterior Paint Foundation Repair Carpentry Windows Electrical Plumbing HVAC Insulation Drywall
Grey Space $21,800.00 $1,140.00 $2,690.00 $3,890.00 $13,960.00 $2,580.00 $41,780.00 $21,450.00 $6,760.00 $8,900.00 $9,890.00 $5,890.00 $5,630.00
Badgerow's $15,000.00 $1,200.00 $1,500.00 $2,000.00 $3,000.00 $2,000.00 $30,000.00 $15,000.00 $15,000.00 $15,000.00 $16,000.00 $15,000.00 $16,000.00
CTI $45,400.00 $3,500.00 $10,800.00 $9,500.00 $47,500.00 $6,500.00 $42,700.00 $13,200.00 $25,000.00 $35,000.00 $35,000.00 $20,000.00 $42,000.00
Lead Abatement Permits and Cleaning Exterior Garage Soil Room 1 Room 4 Room 5 Room 6 Room 7 Room 8 Room 10 Room 11 Room 14
Grey Space $11,750.00 $15,850.00 $2,680.00 $1,890.00 $1,380.00 $980.00 $890.00 $890.00 $1,080.00 $1,260.00 $390.00 $1,480.00 $380.00
Badgerow's $2,500.00 $20,000.00 $5,000.00 $2,500.00 $1,000.00 $750.00 $1,200.00 $950.00 $1,000.00 $1,200.00 $1,500.00 $1,500.00
CTI $28,500.00 $89,400.00 $12,600.00 $5,000.00 $8,800.00 $3,000.00 $1,100.00 $6,100.00 $1,800.00 $6,500.00 $950.00 $8,500.00 $2,500.00
Asbestos Removal Permit Room 2 Room 11 Basement Attic Room 11 Ceiling
Grey Space $2,180.00 $1,560.00 $2,640.00 $1,280.00 $1,980.00
Badgerow's $4,500.00 $2,000.00 $1,500.00 $2,500.00 $20,000.00 $2,500.00
CTI $4,000.00 $3,840.00 $2,250.00 $8,500.00 $38,500.00
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Kitchen cabinets and countertops Kitchen Appliances Flooring Paint Porches Doors Garage Stairwell Exterior TOTAL
$10,700.00 $3,460.00 $8,990.00 $3,260.00 $4,880.00 $9,880.00 $6,500.00 $4,890.00 $2,680.00 $201,600.00
$17,000.00 $1,700.00 $10,000.00 $8,000.00 $10,000.00 $5,000.00 $3,000.00 $2,500.00 $2,500.00 $206,400.00
$25,000.00 $6,500.00 $27,000.00 $25,000.00 $45,400.00 $18,000.00 $27,500.00 $9,500.00 $5,500.00 $525,500.00
TOTAL
$40,900.00
$39,100.00
$174,750.00
$9,640.00
$33,000.00
$57,090.00
$252,140.00
$278,500.00
$757,340.00
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 27, 2026 Title: Security Software for Computers and Users
Submitted by: Jason Boes, IT Director Department: Information Technology
Brief Summary:
The Information Technology Department is seeking to improve network-wide cybersecurity protection
for all computers and user accounts. Our current software solution no longer provides adequate
protection. We are recommending Crowdstrike as the security solution for protecting computers and
user accounts going forward. This recommended purchase is for a 3-year subscription.
Detailed Summary & Background:
Information Technology is continually seeking ways to strengthen our security against the ever-
evolving cybersecurity threat landscape. The computers, virtual servers, and user accounts on our
network are critical components that require optimal protection to keep the City's computer systems
functioning. The Crowdstrike bundle we are recommending provides a well-rounded set of security
tools to efficiently fight malicious threats. Procured grant funding from the SLCGP (State and Local
Cybersecurity Grant Program) will help offset a little over half of the cost by reimbursing the City
during the grant's performance period, running through August 2027. This will account for $32,202 of
the purchase price of the 3-year term (the total for the 3-year contract is $61,013.29).
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Maximized efficient use of existing infrastructure
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
$61,013.29 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-228-980 Yes No X N/A
Recommended Motion:
I move to approve the purchase of the Crowdstrike security software bundle.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division X
Head
Information X
Page 220 of 293
Technology
Other Division Heads
Communication
Legal Review
Page 221 of 293
We have prepared a quote for you
Crowdstrike
Quote # 012063
Prepared for:
City Of Muskegon
Jason Boes
jason.boes@shorelinecity.com
Page 222 of 293
Appendix A
-
This Appendix A is governed by the Master Services Agreement by and between Sentinel Technologies, Inc., (Contractor) with
principal offices at 2550 Warrenville Road, Downers Grove, Illinois 60515, and City of Muskegon (Customer) with principal offices
at 933 Terrace St, Muskegon, MI 49440-1348.
Hardware/Software Only
-
Hardware/Software only purchase of items listed in the Pricing Summary. No installation or professional services provided.
Crowdstrike 36 Months
Product Description Qty Price Ext. Price
Initial Term: 36 Months | Requested Start Date: Upon Booking | Billing Model: Prepaid | Renewal Term: Requote
Solution Subscriptions - Unless explicitly indicated otherwise within this contract, the below term for these subscription services will automatically renew,
absent at least ninety (90) days’ notice of cancelation by Customer before the start of the renewal term. For subscription services that do not automatically renew,
Customer must provide Sentinel with at least ninety (90) days’ notice of its intention to renew the services and shall hold Sentinel harmless from any service
interruption to result from the cessation of services due to Customer’s failure to provide timely notice as stated herein.
Falcon Endpoint, Protection Enterprise, flexible Bundle 220 $66.48 $14,625.60
Threat Graph Standard 220 $23.37 $5,141.40
Prevent 220 $0.00 $0.00
Insight 220 $0.00 $0.00
Falcon Adversary OverWatch Endpoint 220 $54.97 $12,093.40
Falcon Device Control Bundle Promo 220 $7.10 $1,562.00
Express Support 1 $5,025.49 $5,025.49
Falcon Spotlight 220 $25.05 $5,511.00
Discover 220 $15.27 $3,359.40
Identity Threat Protection (Accounts) 300 $45.65 $13,695.00
Subtotal: $61,013.29
Confidential Information Property of Sentinel Technologies, Inc. 2
Page 223 of 293
Invoicing, General Terms and Assumptions
Subscription/License Invoicing
At the beginning of the contract - In Full
By issuing a purchase order in response to this quote or contract, Customer hereby agrees to be bound by the below terms and
conditions, which shall prevail in the event of a conflict with any terms and conditions included within Customer’s purchase order.
The manufacturer/support provider has the right to inspect any products that have either never had support coverage or
have not had support coverage for an extended period to determine their eligibility for maintenance/support. Devices
subject to inspection will be flagged as such and are subject to a non-refundable inspection fee, which shall be the
responsibility of Customer. Sentinel will work with the manufacturer/support provider on Customer’s behalf until device
eligibility is determined. Devices that do not pass the inspection will be ineligible for support.
For products purchased pursuant to this agreement, Contractor agrees to provide storage at no additional charge for up
to 90 days. If the storage period exceeds 90 days, Customer agrees to the following: a.) Customer will be responsible to
pay a fee of 2% per month for storage of purchased products from that point forward, b.) Customer will be invoiced and
will be responsible to pay the unpaid balance for any products purchased from Contractor that have not been paid in full
and, c.) Ownership will transfer from Contractor to Customer.
For all products purchased, it is assumed that prior to order execution with Contractor, Customer has reviewed,
understood, and agreed to each manufacturer’s respective terms and conditions governing the purchase of products,
including, but not limited to, applicable warranties, order cancellation, and return policies. In the event of a return request,
Sentinel may assist Customer by facilitating the request between Customer and the manufacturer. In addition, product
return requests will be subject to Sentinel’s own return policies, which may include restocking fees and/or shipping and
handling costs.
Under no circumstances will Customer have the right to withhold payment to Sentinel due to an alleged breach of any
express or implied warranties with regard to the products purchased herein. Any such claim shall be handled directly
between the manufacturer and Customer. If Contractor receives any financial relief or incentives intended for Customer
as a result of a settlement between Customer and the manufacturer, Contractor agrees to pass through the incentives or
financial relief to Customer.
Taxes, shipping, handling, and other fees may apply. We reserve the right to cancel orders arising from pricing or other
errors.
Regarding the resale of any products, pricing may be subject to a manufacturer price increase before the expiration date
of the quote.
Total Project - Project Total Cost is based on the combined purchase of all Hardware/Software, Professional Services
and Solution Maintenance from Sentinel as detailed in the attached Bill of Materials. Unbundling or materially reducing
any of these essential elements of the solution may result in modifications to the cost of the remaining elements.
If a product manufacturer is providing any third-party services, all such services warranties will be provided solely by the
manufacturer and will be passed through to the customer by Sentinel.
Confidential Information Property of Sentinel Technologies, Inc. 3
Page 224 of 293
Invoicing, General Terms and Assumptions
Sentinel North America Standard
The Standard applies to Sentinel owned locations, and facilities in North America. These standards are based on the Universal Declaration for Human Rights and
certain conventions of International Labor Organization. These standards may be revised from time to time by Sentinel, and notice of such modifications will be
posted in Sentinel’s client proposals.
Legal Compliance: Sentinel undertakes to adhere to all applicable laws of the countries in which it operates, including those pertaining to employee
health and safety, terms and conditions of employment and the environment.
Employee Health and Safety: Sentinel undertakes to provide a safe operating environment that meets the higher of either the applicable legal
standards or industry workplace standards.
Employment standards - Sentinel undertakes to comply with the following:
o Minimum age of workers: Sentinel will not employ workers that are younger than 14 years of age or the minimum age established by law,
whichever is greater. Sentinel will observe all legal requirements for work of employees under 18 years of age, including those pertaining to
hours of work and working conditions.
o Voluntary employment: Sentinel will not use involuntary or forced labor, indentured, bonded or otherwise. Sentinel will not participate in
human trafficking or unfair detainment.
o Wages and employment benefits: Sentinel will pay at least minimum total compensation required by applicable local law, including any and
all applicable mandated wages and overtime rates, allowances and benefits.
o Working hours: Sentinel will maintain reasonable employee work hours in compliance with applicable law.
o Non-Discrimination: Sentinel is an equal opportunity/affirmative action employer committed to a diverse and inclusive workplace. All hiring
decisions are based on nondiscriminatory factors without regard to person's race, color, religion, sex, sexual orientation, gender identity or
expression, national origin, age, marital status, genetics, disability, pregnancy, veteran status or any other basis protected by law. In addition,
Sentinel Technologies, Inc. engages in affirmative action efforts, where appropriate, to employ, train and promote qualified minorities, women,
the disabled, and veterans.
o Freedom of association: Sentinel recognizes and respects the right of its workers to exercise lawful rights of free association, including
joining or not joining any association.
o Fair treatment: Sentinel will provide a work environment free of harassment, abuse or corporal punishment in any form.
Environment: Sentinel will adhere to all applicable environmental laws of the country, region and city of operation. Sentinel will strive to surpass such
requirements so as to reduce the environmental impact of their operations. Sentinel is committed to providing a safe workplace.
Ethics: Sentinel has developed a policy and procedure establishing a Code of Business Conduct and Ethics. Sentinel strives to uphold the highest
ethical standards.
Management Systems: Sentinel has developed management systems to ensure compliance with all applicable law, regulation and any particular
contractual requirements.
Confidential Information Property of Sentinel Technologies, Inc. 4
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Payment Terms - Hardware
-
Hardware/Software: For orders over $100K, 50% at contract execution, balance upon shipment from manufacturer
All Invoices: Net 30
Confidential Information Property of Sentinel Technologies, Inc. 5
Page 226 of 293
Crowdstrike
Prepared by: Prepared for: Quote Information:
Sentinel Technologies, Inc City Of Muskegon Quote # 012063
Patrick Elkins 933 Terrace St Version: 7
pelkins@sentinel.com Muskegon, MI 49440-1348 Delivery Date: 01/20/2026
Jason Boes Expiration Date: 01/29/2026
+12317243345
jason.boes@shorelinecity.com
Quote Summary
Description Amount
Crowdstrike 36 Months $61,013.29
Total: $61,013.29
Taxes, shipping, handling, and other fees may apply. We reserve the right to cancel order arising from pricing or other errors.
Sentinel Technologies, Inc City Of Muskegon
Signature: Signature:
Name: Robert Lenartowicz Name:
Title: Chief Operating Officer Title:
Date: 01/20/2026 Date:
Confidential Information Property of Sentinel Technologies, Inc. 6
Page 227 of 293
Michigan State Police
Emergency Management Grant Agreement
and
Homeland Security
Division
FEDERAL AWARD IDENTIFICATION
SUBRECIPIENT NAME GRANT NAME Assistance Listings Number
City of Muskegon State and Local 97.137
Cybersecurity Grant
Program
SUBRECIPIENT IRS/VENDOR NUMBER FEDERAL AWARD IDENTIFICATION FEDERAL AWARD DATE
NUMBER (FAIN)
CV0047621 EMW-2023-CY-00003 12/17/2023
SUBRECIPIENT UEI SUBAWARD FROM TO
PERFORMANCE
PERIOD 8/29/2025 8/31/2027
BUDGET PERIOD
NVASZGCGV2Z5 8/29/2025 8/31/2027
RESEARCH & DEVELOPMENT
Funding Total
N/A Federal Funds Obligated by $57,500.00
this Action
INDIRECT COST RATE
Total Federal Funds $57,500.00
Obligated to Subrecipient
None on file Total Amount of Federal $57,500.00
Award
FEDERAL AWARD PROJECT DESCRIPTION
2023 State and Local Cybersecurity Grant Program (SLCGP)
DETAILS
FY 2023 SLCGP funds for cybersecurity assessments. Funding requirements are found on
page 2 (Section III) of the grant agreement.
FEDERAL AWARDING AGENCY PASS-THROUGH ENTITY (RECIPIENT) NAME
Federal Emergency Management Agency - GPD Michigan State Police
400 C Street, SW, 3rd Floor Emergency Management and
Washington, DC 20472-3645 Homeland Security Division
PO Box 30634
Lansing, MI 48909
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FY 23 State and Local Cybersecurity Grant Program
City of Muskegon
Page 2 of 10
State of Michigan
Fiscal Year 2023
State and Local Cybersecurity Grant Program
Grant Agreement
August 29, 2025 to August 31, 2027
Assistance Listing Number: 97.137
Grant Number:
EMW-2023-CY-00003
This Fiscal Year (FY) 2023 State and Local Cybersecurity Grant (SLCGP) grant agreement is hereby entered into
between the Michigan Department of State Police, Emergency Management and Homeland Security Division
(hereinafter called the Recipient), and the
CITY OF MUSKEGON
(hereinafter called the Subrecipient)
I. Purpose
The purpose of this grant agreement is to provide federal pass-through funds to the Subrecipient for the
development of projects that align with the objectives of the SLCGP.
The goal of the SLCGP is to assist State, Local, and Tribal governments with managing and reducing systemic
cyber risk. Allocation of funds must align with the approved cybersecurity plan, and one of the projects outlined in
the approved Investment Justifications. The FY 2023 SLCGP focuses on the following program objectives:
x Objective 1: Develop and establish appropriate governance structures, including developing,
implementing, or revising cybersecurity plans, to improve capabilities to respond to cybersecurity incidents
and ensure continuity of operations.
x Objective 2: Understand their current cybersecurity posture and areas for improvement based on
continuous testing, evaluation, and structured assessments.
x Objective 3: Implement security protections commensurate with risk.
x Objective 4: Ensure organization personnel are appropriately trained in cybersecurity, commensurate with
responsibility.
For guidance on allowable costs and program activities, please refer to the FY 23 SLCGP Notice of Funding
Opportunity (NOFO) located at http://www.fema.gov/grants.
II. Statutory Authority
Funding for the FY 23 SLCGP is authorized by Section 2220A of the Homeland Security Act of 2002, as amended
(Pub. L. No. 107-296) (6 U.S.C. § 665g).
Appropriate Authority is authorized by Infrastructure Investments and Jobs Appropriations Act (Pub. L. No. 117-
58).
The Subrecipient agrees to comply with all FY 23 SLCGP requirements in accordance with the FY 23 SLCGP
Notice of Funding Opportunity located at http://www.fema.gov/grants , the U.S. Department of Homeland Security
(DHS) Standard Administrative Terms and Conditions located at https://www.dhs.gov/publication/fy15-dhs-
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FY 23 State and Local Cybersecurity Grant Program
City of Muskegon
Page 3 of 10
standard-terms-and-conditions, and the FY 2023 SLCGP Agreement Articles Applicable to Subrecipients. The FY
23 SLCGP Articles Applicable to Subrecipients document is included for reference in the grant agreement packet.
The Subrecipient shall also comply with the most recent version of:
A. 2 C.F.R., Part 200 of the Code of Federal Regulations (C.F.R.), Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards located at http://www.ecfr.gov.
B. Federal Emergency Management Agency (FEMA) Policy #108-023-1 Grant Programs Directorate
Environmental Planning and Historic Preservation Policy Guidance.
III. Award Amount and Restrictions
The City of Muskegon is awarded $57,500.00 under the FY 2023 SLCGP. The grant agreement shall be
administered based on the Subrecipient’s policies and procedures, provided they conform to state and federal
rules, laws, and/or regulations. Please note, no personnel costs are approved under this award. The table below
outlines the approved projects and respective funding amounts.
Project Number Project Area Project Allocation
1 EDR/MDR/XDR $57,500.00
A. The FY 2023 SLCGP has a 20% cost share (cash or in-kind) requirement, as authorized by the
Infrastructure Investment and Jobs Appropriations Act. The State of Michigan is providing the 20% cost
share for the subrecipient. There is no cost share requirement for the Subrecipient under the FY 2023
SLCGP.
B. The FY 23 SLCGP covers eligible costs from August 29, 2025 to August 31, 2027. The funds awarded in
the grant agreement shall only be used to cover allowable costs that are incurred during the agreement
period.
C. The Subrecipient may only fund projects which directly support SLCGP objectives and were included in
the approved FY 23 SLCGP subrecipient application and the federal FY 23 SLCGP Investment
Justifications.
D. Any proposed change to the scope of work provided in the approved grant project requires prior approval.
E. Except as otherwise specifically set forth in this grant agreement, the Recipient (not the Subrecipient) shall
make the final determination on how funds awarded under this grant agreement are allocated and/or
spent.
F. For any activities involving construction, demolition, ground disturbance, or installations of equipment, an
Environmental and Historic Preservation (EHP) Review must be completed prior to any work being done.
Some training and exercise activities that required any type of land, water, or vegetation disturbance or
building of temporary structures or that are not located at facilities designated for training and exercises
may require an EHP. Any activities that have been initiated without the necessary EHP review and
approval will result in a non-compliance finding and will not be eligible for federal funding.
Subrecipients are prohibited from using SLCGP funds to construct, remodel, or perform alterations of
buildings and other physical facilities. However, subrecipients may use SLCGP funding to perform minor
modifications that do not substantially affect a building’s, or other physical facility’s, structure, layout, or
systems. Reference the FEMA Grant Programs Directorate Information Bulletins | FEMA.gov No. 523 for
additional information.
G. In the event that the U.S. Department of Homeland Security (DHS) determines that changes are necessary
to the award document after an award has been made, including but not limited to, changes to period of
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FY 23 State and Local Cybersecurity Grant Program
City of Muskegon
Page 4 of 10
performance or terms and conditions, Subrecipients will be notified of the changes in writing. Once
notification has been made, any subsequent request for funds will indicate Subrecipient acceptance of the
changes to the award.
IV. Responsibilities of the Subrecipient
A. Grant funds must supplement, not supplant, state or local funds. Federal funds must be used to
supplement existing funds, not replace (supplant) funds that have been appropriated for the same
purpose. Potential supplanting will be carefully reviewed in subsequent monitoring reviews and audits.
Subrecipients may be required to supply documentation certifying that a reduction in non-federal
resources occurred for reasons other than the receipt or expected receipt of federal funds.
B. The Subrecipient agrees to comply with all applicable federal and state regulations; the FY 2023 SLCGP
NOFO, located at: www.fema.gov/grants; and the Agreement Articles Applicable to Subrecipients,
included in the grant agreement package for reference.
C. The Subrecipient shall not use FY 23 SLCGP funds to generate program income.
D. In addition to this grant agreement, the Subrecipient shall complete, sign, and submit to the Recipient the
following documents, which are incorporated by reference into this grant agreement:
1. Subrecipient Risk Assessment Certification;
2. Standard Assurances;
3. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and
Drug-Free Workplace Requirements;
4. Audit Certification (EMHSD-053);
5. Request for Taxpayer Identification Number and Certification (W-9);
6. CISA Services Certification (EMHSD-075);
7. Other documents that may be required by federal or state officials.
E. The Subrecipient agrees to comply with all applicable federal and state regulations, including, but not
limited to, the following:
1. Make all purchases in accordance with federal, state, and local purchasing policies.
2. The Subrecipient is required to submit reports to the Recipient on the status of all projects and
funding. Reporting must follow the format and schedule specified by the Recipient.
3. Submit projects to the Recipient in the format specified by the Recipient prior to starting a project.
Individual solution area costs must also be submitted to the Recipient for alignment and allowability
evaluation prior to starting a project. All grant expenditures must meet DHS and Recipient grant
guidelines and must directly support one of the FY 23 SLCGP Investments. Any project that proposes
a change in scope of work during the grant performance period must be resubmitted to the Recipient
for evaluation and approval. Any funds spent on a project prior to receiving Recipient approval may be
ineligible for reimbursement.
4. Create and maintain an inventory of all equipment purchases in accordance with 2 C.F.R., Part
200.313 located at http://www.ecfr.gov. Within 30 days of the end of the Subrecipient’s fiscal year,
the Subrecipient must supply a copy of this inventory to the Michigan State Police, Emergency
Management and Homeland Security Division, Audit Unit, by email to msp-emhsd-
audit@michigan.gov or by mail to: P.O. Box 30634, Lansing, Michigan 48909. An Equipment
Tracking Form is available to assist the Subrecipient in meeting these requirements.
5. The Subrecipient agrees to prepare and submit reimbursement requests to the Recipient in a timely
manner. Reimbursement requests must include all required supporting documentation, including proof
of payment. All reimbursement requests must be submitted to the Recipient no later than 30
days after the end of the performance period identified in this grant agreement.
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Page 5 of 10
6. Current forms and instructions are located at http://www.michigan.gov/emhsd (select Grant Programs)
or can be requested by sending an email to EMD_HSGP@michigan.gov.
7. Comply with applicable financial and administrative requirements set forth in the current edition of 2
C.F.R., Part 200, including, but not limited to, the following provisions:
a. Account for receipts and expenditures, maintain adequate financial records, and refund
expenditures disallowed by federal or state audit.
b. Retain all financial records, statistical records, supporting documents, and other pertinent
materials for at least three years after the grant is closed by the awarding federal agency for
purposes of federal and/or state examination and audit. All equipment dispositions must follow
MSP/EMHSD’s equipment disposition policy.
c. Non-federal organizations which expend $1,000,000 or more in federal funds during their current
fiscal year are required to have an audit performed in accordance with the Single Audit Act of
1984, as amended, and 2 C.F.R. 200, Subpart F.
8. Subrecipients must carry out their programs and activities in a manner that respects and ensures the
protection of civil rights for protected populations. These populations include but are not limited to
individuals with disabilities and others with access and functional needs, individuals with limited
English proficiency, and other diverse racial and ethnic populations, in accordance with Section 504 of
the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and Executive Order 13347.
9. Environmental and Historic Preservation (EHP) Compliance. The federal government is required
to consider the effects on the environment and/or historic properties of any federally funded activities
and programs, including grant funded projects. The EHP Program engages in a review process to
ensure that federally funded activities comply with federal EHP regulations, laws, and executive orders
as applicable. The goal of these compliance requirements is to protect the nation’s environmental,
historic, and cultural resources. The Subrecipient shall not undertake any project having the potential
to impact EHP resources without prior approval.
Any activities that have been initiated without the necessary EHP review and approval will
result in a non-compliance finding and will not be eligible for federal funding.
Subrecipients are prohibited from using SLCGP funds to construct, remodel, or perform alterations of
buildings and other physical facilities. However, subrecipients may use SLCGP funding to perform
minor modifications that do not substantially affect a building’s, or other physical facility’s, structure,
layout, or systems. Reference the FEMA Grant Programs Directorate Information Bulletins | FEMA.gov
No. 523 for additional information.
10. Comply with the Davis-Bacon Act (40 U.S.C. 3141 et seq.) for grant funded construction projects. The
Subrecipient must ensure that contractors or subcontractors for construction projects pay workers
employed directly at the worksite no less than the prevailing wages and fringe benefits paid on
projects of a similar character. Additional information, including Department of Labor wage
determinations, is located at http://www.dol.gov/whd/govcontracts/dbra.htm.
11. Comply with all reporting requirements, including special reporting, data collection, and evaluation
requirements, as prescribed by law or program guidance.
12. Maintain a valid Unique Entity Identifier (UEI) through https://sam.gov/ at all times during the
performance period of this grant.
13. The Subrecipient must acknowledge and agree to comply with applicable provisions governing DHS
access to records, accounts, documents, information, facilities, and staff. The Subrecipient also
agrees to require any subrecipients, contractors, successors, transferees, and assignees to
acknowledge and agree to comply with these same provisions. Detailed information on record access
provisions can be found in the DHS Standard Terms and Conditions located at
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FY 23 State and Local Cybersecurity Grant Program
City of Muskegon
Page 6 of 10
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions, specifically in the DHS
Specific Acknowledgements and Assurances on page 1.
14. Subrecipients are required to participate in the following free services and memberships offered by
Cyber and Infrastructure Security Agency (CISA):
a. Cyber Hygiene Services
i. Web Application Scanning is an “internet scanning-as-a-service.” This service assesses
the “health” of your publicly accessible web applications by checking for known
vulnerabilities and weak configurations. Additionally, CISA can recommend ways to
enhance security in accordance with industry and government best practices and
standards.
ii. Vulnerability Scanning evaluates external network presence by executing continuous
scans of public, static IPs for accessible services and vulnerabilities. This service provides
weekly vulnerability reports and ad-hoc alerts.
To register for these services, email vulnerability_info@cisa.dhs.gov with the subject line
“Requesting Cyber Hygiene Services – SLCGP” to get started. Indicate in the body of your email
that you are requesting this service as part of the SLGCP. For more information, visit Cyber
Hygiene Services | CISA.
b. Nationwide Cybersecurity Review (NCSR)
i. The NCSR is a free, anonymous, annual self-assessment designed to measure gaps and
capabilities of a SLT’s cybersecurity programs. It is based on the National Institute of
Standards and Technology Cybersecurity Framework and is sponsored by DHS and the
MS-ISAC. Entities and their subrecipients should complete the NCSR, administered by
the MS-ISAC, during the first year of the award/subaward period of performance and
annually. For more information, visit https://www.cisecurity.org/ms-isac/services/ncsr.
The FY 23 SLCGP NOFO outlines additional services, memberships, and resources that are
strongly encouraged or recommended. Please refer to the FY 23 SLCGP NOFO for additional
information.
V. Responsibilities of the Recipient
The Recipient, in accordance with the general purposes and objectives of this grant agreement, will:
A. Administer the grant in accordance with all applicable federal and state regulations and guidelines and
submit required reports to the awarding federal agency.
B. Provide direction and technical assistance to the Subrecipient.
C. Provide to the Subrecipient any special report forms and reporting formats (templates) required for
administration of the program.
D. Reimburse the Subrecipient, in accordance with this grant agreement, based on appropriate
documentation submitted by the Subrecipient.
E. At its discretion, independently, or in conjunction with the federal awarding agency, conduct random on-
site reviews of the Subrecipient(s).
VI. Reporting Procedures
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FY 23 State and Local Cybersecurity Grant Program
City of Muskegon
Page 7 of 10
The Subrecipient is required to submit reports to the Recipient on the status of all projects and funding. Reporting
must follow the format and schedule specified by the Recipient. Current forms and instructions can be requested
by sending an email to EMD_HSGP@michigan.gov.
Reporting on funding status is mandated by the federal government. Failure by the Subrecipient to fulfill reporting
requirements, in compliance with federal grant rules, shall result in the suspension of grant activities until reports
are received and may jeopardize future federal funding.
VII. Payment Procedures
The Subrecipient agrees to prepare and submit the Reimbursement Cover Sheet (EMD-054) with all required
supporting documentation attached, including proof of payment. The Subrecipient will submit one
Reimbursement Cover Sheet and related forms for each grant project, solution area, allocation type, and
individual exercise. Reimbursement Cover Sheets must be filled out completely. Instructions are provided with
each of the reimbursement forms. The Reimbursement Cover Sheet and other reimbursement forms can be found
on the MSP/EMHSD website located at http://www.michigan.gov/emhsd. The Subrecipient will not be reimbursed
for funds until all required signed documents and reimbursement documentation are received. All reimbursement
requests must be submitted to the Recipient no later than 30 days after the end of the performance period
identified in this grant agreement.
Drawdown of Funds in Advance. Up to 90 days prior to expenditure, the Subrecipient may request funds for
purchases of $10,000 or more. All the following requirements must be met when obtaining advanced funds:
A. The Subrecipient must submit advance requests with a copy of approved purchase orders and a copy of
approved Alignment and Allowability Forms.
B. The Subrecipient must place advanced funds in an interest-bearing account.
C. The Subrecipient may keep interest up to $500 per year (2 C.F.R., Part 200.305) for administrative
expenses for all federal grants combined.
D. The Subrecipient must notify the Recipient quarterly, in writing, of any interest earned over $500.
E. The Subrecipient must promptly, but at least quarterly, remit any interest earned over $500 to: Michigan
State Police, Emergency Management and Homeland Security Division, Financial Management and Audit
Section, P.O. Box 30634, Lansing, Michigan 48909.
F. The Subrecipient must liquidate each advance by the date specified by the Recipient (usually within 90
days).
G. The Subrecipient must ensure all invoices and proof of payment documents are dated after the date the
advance was issued by the Recipient.
VIII. Employment Matters
The Subrecipient shall comply with Title VI of the Civil Rights Act of 1964, as amended; Title VIII of the Civil Rights
Act of 1968; Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act); the Age
Discrimination Act of 1975; Titles I, II and III of the Americans with Disabilities Act of 1990; the Elliott-Larsen Civil
Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq.; the Persons with Disabilities Civil Rights Act, 1976
PA 220, as amended, MCL 37.1101 et seq., and all other federal, state and local fair employment practices and
equal opportunity laws and covenants. The Subrecipient shall not discriminate against any employee or applicant
for employment, to be employed in the performance of this grant agreement, with respect to their hire, tenure,
terms, conditions, or privileges of employment; or any matter directly or indirectly related to employment because
of their race, religion, color, national origin, age, sex, height, weight, marital status, limited English proficiency, or
handicap that is unrelated to the individual’s ability to perform the duties of a particular job or position. The
Subrecipient agrees to include in every contract or subcontract entered into for the performance of this grant
agreement this covenant not to discriminate in employment. A breach of this covenant is a material breach of the
grant agreement.
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The Subrecipient shall ensure that no subcontractor, manufacturer, or supplier of the Subrecipient for projects
related to this grant agreement appears on the Federal Excluded Parties List System located at
https://www.sam.gov.
IX. Limitation of Liability
The Recipient and the Subrecipient to this grant agreement agree that each must seek its own legal representative
and bear its own costs, including judgments, in any litigation that may arise from performance of this contract. It is
specifically understood and agreed that neither party will indemnify the other party in such litigation.
This is not to be construed as a waiver of governmental immunity for either party.
X. Third Parties
This grant agreement is not intended to make any person or entity, not a party to this grant agreement, a third-
party beneficiary hereof or to confer on a third party any rights or obligations enforceable in their favor.
XI. Grant Agreement Period
This grant agreement is in full force and effect from August 29, 2025 to August 31, 2027. No costs eligible under
this grant agreement shall be incurred before the starting date of this grant agreement, except with prior written
approval. This grant agreement may be terminated by either party by giving 30 days written notice to the other
party stating reasons for termination and the effective date, or upon the failure of either party to carry out the terms
of the grant agreement. Upon any such termination, the Subrecipient agrees to return to the Recipient any funds
not authorized for use, and the Recipient shall have no further obligation to reimburse the Subrecipient.
XII. Entire Grant Agreement
This grant agreement is governed by the laws of the State of Michigan and supersedes all prior agreements,
documents, and representations between the Recipient and the Subrecipient, whether expressed, implied, or oral.
This grant agreement constitutes the entire agreement between the parties and may not be amended except by
written instrument executed by both parties prior to the grant end date. No party to this grant agreement may
assign this grant agreement or any of their/its rights, interest, or obligations hereunder without the prior consent of
the other party. The Subrecipient agrees to inform the Recipient in writing immediately of any proposed changes of
dates, budget, or services indicated in this grant agreement, as well as changes of address or personnel affecting
this grant agreement. Changes in dates, budget, or services are subject to prior written approval of the Recipient. If
any provision of this grant agreement shall be deemed void or unenforceable, the remainder of the grant
agreement shall remain valid.
The Recipient may suspend or terminate grant funding to the Subrecipient, in whole or in part, or other measures
may be imposed for any of the following reasons:
A. Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and
assurances.
B. Failure to comply with the requirements or statutory objectives of federal or state law.
C. Failure to follow grant agreement requirements or special conditions.
D. Proposal or implementation of substantial plan changes to the extent that, if originally submitted, the
project would not have been approved for funding.
E. Failure to submit required reports.
F. Filing of a false certification in the application or other report or document.
G. Failure to adequately manage, monitor or direct the grant funded activities.
Before taking action, the Recipient will provide the Subrecipient reasonable notice of intent to impose corrective
measures and will make every effort to resolve the problem informally.
Page 235 of 293
FY 23 State and Local Cybersecurity Grant Program
City of Muskegon
Page 9 of 10
XIII. Business Integrity Clause
The Recipient may immediately cancel the grant without further liability to the Recipient or its employees if the
Subrecipient, an officer of the Subrecipient, or an owner of a 25% or greater share of the Subrecipient is convicted
of a criminal offense incident to the application for or performance of a state, public, or private grant or subcontract;
or convicted of a criminal offense, including, but not limited to any of the following: embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee
to breach the ethical conduct standards for State of Michigan employees; convicted under state or federal antitrust
statutes; or convicted of any other criminal offense which, in the sole discretion of the Recipient, reflects on the
Subrecipient's business integrity.
XIV. Freedom of Information Act
Much of the information submitted in the course of applying for funding under this program, or provided in the
course of grant management activities, may be considered law enforcement-sensitive or otherwise critical to
national security interests. This may include threat, risk, and needs assessment information, and discussions of
demographics, transportation, public works, and industrial and public health infrastructures. Therefore, each
Subrecipient agency Freedom of Information Officer will need to determine what information is to be withheld on a
case-by-case basis. The Subrecipient should be familiar with the regulations governing Protected Critical
Infrastructure Information (6 C.F.R., Part 29) and Sensitive Security Information (49 C.F.R., Part 1520), as these
designations may provide additional protection to certain classes of homeland security information.
Page 236 of 293
Page 237 of 293
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 27, 2026 Title: Workforce Housing Restrictive Covenant -
Ledeboer Family
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
Jeffery and Nicole Ledeboer request a Workforce Housing PILOT for a duplex and accessory dwelling
unit at 447 Oak Avenue. This restrictive covenant establishes the terms of the project and restricts the
properties use to workforce housing for the statutory term.
Detailed Summary & Background:
Jeffery and Nicole Ledeboer are working with Mrs. Kara Novak as the lender and developer along
with Mr. Derek Sjaarda as the builder to add to our stock of income restricted workforce housing in
the community. If approved, this parcel will feature a duplex and an accessory dwelling unit, utilizing
our 2024 Zoning Reforms to increase density to meet the housing need. These units will be restricted to
families or individuals that fall below 120% AMI for their household size, per MSHDA's annual rent limits
for Muskegon County. The term of the restricted use is 15 years, along with the companion resolution
establishing the Payment in Lieu of Taxes (PILOT) in this agenda.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
Motion to approve the Workforce Housing Restrictive Covenant between the City of Muskegon and
Jeffery and Nicole Ledeboer and to authorize the Mayor and Clerk to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Page 238 of 293
Information
Technology
Other Division Heads
Communication
Legal Review
Page 239 of 293
WORKFORCE HOUSING RESTRICTIVE COVENANT
This Workforce Housing Restrictive Covenant (“Restrictive Covenant”) is made by and between
the City of Muskegon, Michigan (“Municipality”) and Jeffrey and Nicole Ledeboer, presently of 3025
Garrison Rd Altus, OK 73521 (the “Sponsor”) as of January 27th, 2026.
R E C I T A L S:
A. Sponsor is the owner of certain real property located in the City of Muskegon, County
of Muskegon, State of Michigan, and more particularly described on the attached Exhibit A (the
“Property”), which is attached hereto and incorporated by reference into this Agreement.
B. Sponsor has offered to provide three “Workforce housing” units as defined by MCL
125.1415a(10)(d) on the Property (the “Project”) and has applied to Municipality for a workforce housing
exemption from ad valorem property taxes under Section 15a of the State Housing Development Authority
Act, being Public Act 346 of 1966, as amended (the “Act”).
C. In consideration of Sponsor’s offer to undertake the Project, Municipality has agreed to
exempt the Property from all ad valorem property taxes imposed by any taxing jurisdiction and to accept
in lieu thereof payment of an annual service charge for a period of 15-years as provided by Chapter 82 of
the City Code of Ordinances, as amended (the “Ordinance”).
D. Upon completion of the Project, the annual service charge paid in lieu of all ad valorem
property taxes shall be equal to ten percent (10%) of the annual shelter rents collected from the Project and
shall be paid as provided in the Ordinance.
E. Sponsor and Municipality agree that the economic feasibility of the Project depends upon
the continuing effect of the annual service charge in lieu of all ad valorem taxes approved by Municipality
for the 15-year exemption period.
F. Accordingly, upon recording with the Muskegon County Register of Deeds, this Restrictive
Covenant will restrict use of the Property to Workforce housing for the 15-year exemption period.
NOW, THEREFORE, in consideration of Municipality’s acceptance of payment of the annual
service charge in lieu of all ad valorem property taxes and Sponsor’s commitment to construct or rehabilitate
the Project, Sponsor and Municipality hereby covenant as follows:
1. Recitals. The above recitals are acknowledged as true and correct and are incorporated by
reference into this paragraph.
1
Page 240 of 293
2. Definitions. All words and phrases used in this Restrictive Covenant have the same
meaning as defined in the Act or the Ordinance.
3. Workforce Housing Covenant. The Project will, upon completion of the proposed
construction or rehabilitation, constitute workforce housing for households for persons and families whose
household income is not greater than 120% of the area median income, as published by the Michigan State
Housing Development Authority (“the Authority) for Muskegon County, adjusted for family size. All of
the housing units in the Project will be rented, or available for rental, on a continuous basis to members of
the general public throughout the term of this Restrictive Covenant.
4. Term of Exemption. The exemption from ad valorem property taxes approved by
Municipality shall remain in effect in accordance with this Restrictive Covenant restricting use of the Project
to workforce housing for a period of 15-years, ending on December 31, 2041, or so long as the Project is
used as workforce housing, whichever is less.
5. No Violation. Sponsor agrees that it will not knowingly take or permit any action that
would result in a violation of the requirements of this Restrictive Covenant or the Ordinance, which is
incorporated herein as if a part of this Restrictive Covenant. Further, Sponsor agrees to take any required
action, including the amendment of this Restrictive Covenant, as may be necessary, in the determination of
the Municipality or of the Authority, to comply with the Ordinance. If Municipality determines that the
Project is not in compliance with the requirements of this Restrictive Covenant, and Sponsor, after receiving
written notice of the non-compliance from Municipality, does not correct such non-compliance within thirty
(30) days, Municipality shall be entitled to take such actions as it deems necessary to enforce the provisions
of this Restrictive Covenant.
6. Sponsor to Demonstrate Compliance. Sponsor will provide Municipality with such
certifications, reports and other information as are required by Municipality to demonstrate compliance
with the Ordinance. Sponsor will provide Municipality and Authority with an annual verification of
compliance with this Restrictive Covenant, in a form specified by the Authority.
7. Transfer of Ownership. Sponsor will, prior to a sale or other voluntary transfer of
ownership of the Project or any part thereof, notify Municipality in writing, and will enter into any
agreements with the purchaser or transferee as may be prescribed by Municipality to ensure such purchaser's
or transferee's compliance with this Restrictive Covenant and Michigan law.
8. Enforceability. This Restrictive Covenant is enforceable in any court in the State of
Michigan having jurisdiction thereof, by Municipality, and to the extent required by the Ordinance, by any
individuals who are tenants of the Project.
9. Covenant Running with the Land; Binding Effect. The foregoing covenant shall
constitute and be enforced as a covenant running with the land under Michigan law and shall be binding on
all successors or assigns of Sponsor or Municipality and any future owner or operator of the Project for the
full 15-year exemption period.
10. Miscellaneous. In the event of any conflict between the terms of this Restrictive Covenant
and the requirements of the Ordinance the requirements of the Ordinance shall prevail. This Restrictive
Covenant may only be amended or terminated by a writing signed by both Sponsor and Municipality. The
invalidity of any clause or provision of this Restrictive Covenant shall not affect the validity of the
remaining portions thereof.
2
Page 241 of 293
IN WITNESS WHEREOF, is this Covenant is effective as of January 27th, 2026.
[Signature Pages Follow]
3
Page 242 of 293
CITY OF MUSKEGON
By: ________________________________________
Its: ________________________________________
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me this day of January 27th, 2026 by Kenneth
Johnson, as Mayor of the City of Muskegon, a municipal corporation of the State of Michigan.
Notary Public, ________________County, MI
My Commission Expires:
Acting in _________________ County, MI
4
Page 243 of 293
SPONSOR
Jeffrey and Nicole Ledeboer
By: _____________________________________
Its:
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me this ____ day of __________, by
______________________, as the manager/authorized member of the aforementioned Sponsor.
Notary Public, __________County, MI
My Commission Expires:
Acting in ________________County, MI
DRAFTED BY:
WHEN RECORDED RETURN TO:
5
Page 244 of 293
EXHIBIT A
Legal Description of Property
447 OAK AVENUE - CITY OF MUSKEGON
REVISED PLAT OF 1903
LOTS 5 & 6 BK 45
EXC S 12 FT FOR ALLEY
6
Page 245 of 293
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 27, 2026 Title: Resolution for Housing Tax Exemption -
Ledeboer Family
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
The Ledeboer family is requesting a Payment in Lieu of Taxes for their workforce housing project at
447 Oak Avenue, which requires a resolution setting the annual PILOT rate.
Detailed Summary & Background:
Jeffery and Nicole Ledeboer are working with Mrs. Kara Novak as the lender and developer along
with Mr. Derek Sjaarda as the builder to add to our stock of income restricted workforce housing in
the community. If approved, this parcel will feature a duplex and an accessory dwelling unit, utilizing
our 2024 Zoning Reforms to increase density to meet the housing need. These units will be restricted to
families or individuals that fall below 120% AMI for their household size, per MSHDA's annual rent limits
for Muskegon County. The term of the restricted use is 15 years, along with the companion Workforce
Housing Restrictive Covenant in this agenda packet.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
Motion to approve the Resolution establishing the Workforce Housing annual service fee as
presented and to authorize the Clerk to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Chapter 82-52 of the Muskegon Code of
Head Ordinances
Information
Page 246 of 293
Technology
Other Division Heads
Communication
Legal Review
Page 247 of 293
Resolution Setting Annual Service Fee
for the Workforce Housing Development
by Jeffrey and Nicole Ledeboer
Whereas, Jeffrey and Nicole Ledeboer (the “Sponsor”), has applied to the City of Muskegon
for a determination that a proposed workforce housing project sponsored by it at
various properties represented on Exhibit A is entitled to the exemption from taxes
authorized by Chapter 82 of the City of Muskegon Code of Ordinances; now
therefore, be it
Resolved, that the proposed workforce housing project is within the class of housing
developments entitled to an exemption under Chapter 82, if it meets the following
contingencies:
a. Sponsor shall provide documentation to the City substantiating ownership
of the subject properties.
b. Construction of at least 3 units of the proposed workforce housing project
shall be commenced within twelve (12) months from the date of the
Michigan State Housing Development Authority’s (“MSHDA”)
notification of exemption, or this resolution shall be void and of no effect.
c. For the life of this Workforce Housing Resolution, 100% of the dwelling
units in the proposed workforce housing project will be restricted to rental
units or other housing options that are reasonably affordable to, and
occupied by, a household whose total household income is not greater than
120% of the area median income published by the Michigan Statewide
Housing Development Authority.
d. The Sponsor shall submit an affidavit to MSHDA in the form required by
MSHDA for certification that the workforce housing project is eligible for
the workforce housing exemption.
e. Upon receipt of notification from MSHDA that the workforce housing
project is eligible for a workforce housing exemption, the Sponsor shall file
the certified notification of exemption with the City Assessor before
November 1 of the year preceding the tax year in which the exemption is to
be effective; and,
f. Sponsor shall record a restrictive covenant in a form acceptable to the City
Attorney. The restrictive covenant shall be recorded in the register of deeds
for the county in which the workforce housing project is located and shall
comply with the requirements of Chapter 82; and, further be it
Resolved, that in lieu of ad valorem property taxes, the Sponsor shall pay an annual service
charge equal to ten percent (10%) of the “Annual Shelter Rents” as defined in
Section 82-52 for that portion of the workforce housing project occupied for
Workforce Housing; and, further be it
Page 248 of 293
Resolved, that annually, no later than April 29, the Sponsor shall provide the City Assessor
the Sponsor’s budget for Annual Shelter Rent for the current calendar year and a
copy of Sponsor’s financial statements for the preceding calendar year, prepared in
accordance with generally accepted auditing standards or, if Sponsor is not subject
to an audit requirement, Sponsor’s compiled financial statements for the preceding
calendar year prepared in accordance with generally accepted accounting principles
and certified by Sponsor; and, further be it
Resolved, that the tax exempt status granted by this Resolution shall remain in effect for 15
years, unless otherwise terminated pursuant to Chapter 82 or this Resolution; and,
further be it
Resolved, that all portions of Chapter 82 are hereby incorporated by reference; and, further be
it
Resolved, that this Resolution may be assigned by the Sponsor only to subsequent owners of
the workforce housing project who shall agree to abide to its terms. If not assigned,
to and accepted by subsequent owners of the workforce housing project, it shall
automatically terminate; and further be it
Resolved, that the Mayor and City Clerk execute a contract with the Sponsor providing the
tax exemption and acceptance of payments in lieu of taxes as defined within this
resolution and its application, such contract subject to approval as to substance by
the City Manager and as to form by the City Attorney.
YEAS: _______
NAYS: _______
I hereby certify that the above Resolution was adopted
by the City Commission of the City of Muskegon at its
regular meeting held on ________, in the Commission
Chambers, City Hall, 933 Terrace, Muskegon, Michigan.
Ann Meisch, City Clerk
Page 249 of 293
EXHIBIT A
447 OAK AVENUE - CITY OF MUSKEGON REVISED PLAT OF
1903 LOTS 5 & 6 BK 45 EXC S 12 FT FOR ALLEY
Page 250 of 293
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 27, 2026 Title: Workforce Housing Restrictive Covenant -
HAPCE LLC
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
Tim Van Der Kolk, through his HAPCE LLC, requests a Workforce Housing PILOT for 2 duplexes and 2
accessory dwelling units at 625 and 635 Oak Avenue. This restrictive covenant establishes the terms of
the project and restricts the properties use to workforce housing for the statutory term.
Detailed Summary & Background:
Tim Van Der Kolk, as HAPCE LLC, is working with Mrs. Kara Novak as the lender and developer along
with Mr. Derek Sjaarda as the builder to add to our stock of income restricted workforce housing in
the community. If approved, these parcels will each feature a duplex and an accessory dwelling
unit, utilizing our 2024 Zoning Reforms to increase density to meet the housing need. These units will be
restricted to families or individuals that fall below 120% AMI for their household size, per MSHDA's
annual rent limits for Muskegon County. The term of the restricted use is 15 years, along with the
companion resolution establishing the Payment in Lieu of Taxes (PILOT) in this agenda.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
Motion to approve the Workforce Housing Restricted Covenant between the City of Muskegon and
HAPCE, LLC as presented and to authorize the Mayor and Clerk to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Chapter 82-52 of the City of Muskegon Code of
Head Ordinances
Page 251 of 293
Information
Technology
Other Division Heads
Communication
Legal Review
Page 252 of 293
WORKFORCE HOUSING RESTRICTIVE COVENANT
This Workforce Housing Restrictive Covenant (“Restrictive Covenant”) is made by and between
the City of Muskegon, Michigan (“Municipality”) and HAPCE LLC, a Limited Liability Company,
presently of 4344 Oakland Hills Dr, Dorr, MI 49323 (the “Sponsor”) as of January 27th, 2026.
R E C I T A L S:
A. Sponsor is the owner of certain real property located in the City of Muskegon, County
of Muskegon, State of Michigan, and more particularly described on the attached Exhibit A (the
“Property”), which is attached hereto and incorporated by reference into this Agreement.
B. Sponsor has offered to provide six “Workforce housing” units as defined by MCL
125.1415a(10)(d) on the Property (the “Project”) and has applied to Municipality for a workforce housing
exemption from ad valorem property taxes under Section 15a of the State Housing Development Authority
Act, being Public Act 346 of 1966, as amended (the “Act”).
C. In consideration of Sponsor’s offer to undertake the Project, Municipality has agreed to
exempt the Property from all ad valorem property taxes imposed by any taxing jurisdiction and to accept
in lieu thereof payment of an annual service charge for a period of 15-years as provided by Chapter 82 of
the City Code of Ordinances, as amended (the “Ordinance”).
D. Upon completion of the Project, the annual service charge paid in lieu of all ad valorem
property taxes shall be equal to ten percent (10%) of the annual shelter rents collected from the Project and
shall be paid as provided in the Ordinance.
E. Sponsor and Municipality agree that the economic feasibility of the Project depends upon
the continuing effect of the annual service charge in lieu of all ad valorem taxes approved by Municipality
for the 15-year exemption period.
F. Accordingly, upon recording with the Muskegon County Register of Deeds, this Restrictive
Covenant will restrict use of the Property to Workforce housing for the 15-year exemption period.
NOW, THEREFORE, in consideration of Municipality’s acceptance of payment of the annual
service charge in lieu of all ad valorem property taxes and Sponsor’s commitment to construct or rehabilitate
the Project, Sponsor and Municipality hereby covenant as follows:
1. Recitals. The above recitals are acknowledged as true and correct and are incorporated by
reference into this paragraph.
1
Page 253 of 293
2. Definitions. All words and phrases used in this Restrictive Covenant have the same
meaning as defined in the Act or the Ordinance.
3. Workforce Housing Covenant. The Project will, upon completion of the proposed
construction or rehabilitation, constitute workforce housing for households for persons and families whose
household income is not greater than 120% of the area median income, as published by the Michigan State
Housing Development Authority (“the Authority) for Muskegon County, adjusted for family size. All of
the housing units in the Project will be rented, or available for rental, on a continuous basis to members of
the general public throughout the term of this Restrictive Covenant.
4. Term of Exemption. The exemption from ad valorem property taxes approved by
Municipality shall remain in effect in accordance with this Restrictive Covenant restricting use of the Project
to workforce housing for a period of 15-years, ending on December 31, 2041, or so long as the Project is
used as workforce housing, whichever is less.
5. No Violation. Sponsor agrees that it will not knowingly take or permit any action that
would result in a violation of the requirements of this Restrictive Covenant or the Ordinance, which is
incorporated herein as if a part of this Restrictive Covenant. Further, Sponsor agrees to take any required
action, including the amendment of this Restrictive Covenant, as may be necessary, in the determination of
the Municipality or of the Authority, to comply with the Ordinance. If Municipality determines that the
Project is not in compliance with the requirements of this Restrictive Covenant, and Sponsor, after receiving
written notice of the non-compliance from Municipality, does not correct such non-compliance within thirty
(30) days, Municipality shall be entitled to take such actions as it deems necessary to enforce the provisions
of this Restrictive Covenant.
6. Sponsor to Demonstrate Compliance. Sponsor will provide Municipality with such
certifications, reports and other information as are required by Municipality to demonstrate compliance
with the Ordinance. Sponsor will provide Municipality and Authority with an annual verification of
compliance with this Restrictive Covenant, in a form specified by the Authority.
7. Transfer of Ownership. Sponsor will, prior to a sale or other voluntary transfer of
ownership of the Project or any part thereof, notify Municipality in writing, and will enter into any
agreements with the purchaser or transferee as may be prescribed by Municipality to ensure such purchaser's
or transferee's compliance with this Restrictive Covenant and Michigan law.
8. Enforceability. This Restrictive Covenant is enforceable in any court in the State of
Michigan having jurisdiction thereof, by Municipality, and to the extent required by the Ordinance, by any
individuals who are tenants of the Project.
9. Covenant Running with the Land; Binding Effect. The foregoing covenant shall
constitute and be enforced as a covenant running with the land under Michigan law and shall be binding on
all successors or assigns of Sponsor or Municipality and any future owner or operator of the Project for the
full 15-year exemption period.
10. Miscellaneous. In the event of any conflict between the terms of this Restrictive Covenant
and the requirements of the Ordinance the requirements of the Ordinance shall prevail. This Restrictive
Covenant may only be amended or terminated by a writing signed by both Sponsor and Municipality. The
invalidity of any clause or provision of this Restrictive Covenant shall not affect the validity of the
remaining portions thereof.
2
Page 254 of 293
IN WITNESS WHEREOF, is this Covenant is effective as of January 27th, 2026.
[Signature Pages Follow]
3
Page 255 of 293
CITY OF MUSKEGON
By: ________________________________________
Its: ________________________________________
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me this day of January 27th, 2026 by Kenneth
Johnson, as Mayor of the City of Muskegon, a municipal corporation of the State of Michigan.
Notary Public, ________________County, MI
My Commission Expires:
Acting in _________________ County, MI
4
Page 256 of 293
SPONSOR
HAPCE, LLC
By: _____________________________________
Its:
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me this ____ day of __________, by
______________________, as the manager/authorized member of the aforementioned Sponsor.
Notary Public, __________County, MI
My Commission Expires:
Acting in ________________County, MI
DRAFTED BY:
WHEN RECORDED RETURN TO:
5
Page 257 of 293
EXHIBIT A
Legal Description of Property
625 OAK AVENUE - CITY OF MUSKEGON
REVISED PLAT OF 1903
N 1/2 LOT 6 BLK 49
635 OAK AVENUE - CITY OF MUSKEGON
REVISED PLAT OF 1903
N 1/2 LOT 5 BLK 49
6
Page 258 of 293
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 27, 2026 Title: Resolution for Housing Tax Exemption -
HAPCE LLC
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
Tim Van Der Kolk, through HAPCE, LLC is requesting a Payment in Lieu of Taxes for their workforce
housing project at 625 and 635 Oak Avenue, which requires a resolution setting the annual PILOT
rate.
Detailed Summary & Background:
Tim Van Der Kolk, as HAPCE LLC is working with Mrs. Kara Novak as the lender and developer along
with Mr. Derek Sjaarda as the builder to add to our stock of income restricted workforce housing in
the community. If approved, these parcels will each feature a duplex and an accessory dwelling
unit, utilizing our 2024 Zoning Reforms to increase density to meet the housing need. These units will be
restricted to families or individuals that fall below 120% AMI for their household size, per MSHDA's
annual rent limits for Muskegon County. The term of the restricted use is 15 years, along with the
companion Workforce Housing Restrictive Covenant in this agenda packet.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
NA Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
NA Yes No N/A
Recommended Motion:
Motion to approve the Resolution for Housing Tax Exemption for HAPCE, LLC as presented and to
authorize the Clerk to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Chapter 82-52 of the City of Muskegon Code of
Head Ordinances
Page 259 of 293
Information
Technology
Other Division Heads
Communication
Legal Review
Page 260 of 293
Resolution Setting Annual Service Fee
for the Workforce Housing Development
by HAPCE, LLC
Whereas, HAPCE, LLC (the “Sponsor”), has applied to the City of Muskegon for a
determination that a proposed workforce housing project sponsored by it at various
properties represented on Exhibit A is entitled to the exemption from taxes
authorized by Chapter 82 of the City of Muskegon Code of Ordinances; now
therefore, be it
Resolved, that the proposed workforce housing project is within the class of housing
developments entitled to an exemption under Chapter 82, if it meets the following
contingencies:
a. Sponsor shall provide documentation to the City substantiating ownership
of the subject properties.
b. Construction of at least 6 units of the proposed workforce housing project
shall be commenced within twelve (12) months from the date of the
Michigan State Housing Development Authority’s (“MSHDA”)
notification of exemption, or this resolution shall be void and of no effect.
c. For the life of this Workforce Housing Resolution, 100% of the dwelling
units in the proposed workforce housing project will be restricted to rental
units or other housing options that are reasonably affordable to, and
occupied by, a household whose total household income is not greater than
120% of the area median income published by the Michigan Statewide
Housing Development Authority.
d. The Sponsor shall submit an affidavit to MSHDA in the form required by
MSHDA for certification that the workforce housing project is eligible for
the workforce housing exemption.
e. Upon receipt of notification from MSHDA that the workforce housing
project is eligible for a workforce housing exemption, the Sponsor shall file
the certified notification of exemption with the City Assessor before
November 1 of the year preceding the tax year in which the exemption is to
be effective; and,
f. Sponsor shall record a restrictive covenant in a form acceptable to the City
Attorney. The restrictive covenant shall be recorded in the register of deeds
for the county in which the workforce housing project is located and shall
comply with the requirements of Chapter 82; and, further be it
Resolved, that in lieu of ad valorem property taxes, the Sponsor shall pay an annual service
charge equal to ten percent (10%) of the “Annual Shelter Rents” as defined in
Section 82-52 for that portion of the workforce housing project occupied for
Workforce Housing; and, further be it
Page 261 of 293
Resolved, that annually, no later than April 29, the Sponsor shall provide the City Assessor
the Sponsor’s budget for Annual Shelter Rent for the current calendar year and a
copy of Sponsor’s financial statements for the preceding calendar year, prepared in
accordance with generally accepted auditing standards or, if Sponsor is not subject
to an audit requirement, Sponsor’s compiled financial statements for the preceding
calendar year prepared in accordance with generally accepted accounting principles
and certified by Sponsor; and, further be it
Resolved, that the tax exempt status granted by this Resolution shall remain in effect for 15
years, unless otherwise terminated pursuant to Chapter 82 or this Resolution; and,
further be it
Resolved, that all portions of Chapter 82 are hereby incorporated by reference; and, further be
it
Resolved, that this Resolution may be assigned by the Sponsor only to subsequent owners of
the workforce housing project who shall agree to abide to its terms. If not assigned,
to and accepted by subsequent owners of the workforce housing project, it shall
automatically terminate; and further be it
Resolved, that the Mayor and City Clerk execute a contract with the Sponsor providing the
tax exemption and acceptance of payments in lieu of taxes as defined within this
resolution and its application, such contract subject to approval as to substance by
the City Manager and as to form by the City Attorney.
YEAS: _______
NAYS: _______
I hereby certify that the above Resolution was adopted
by the City Commission of the City of Muskegon at its
regular meeting held on ________, in the Commission
Chambers, City Hall, 933 Terrace, Muskegon, Michigan.
Ann Meisch, City Clerk
Page 262 of 293
EXHIBIT A
625 OAK AVENUE - CITY OF MUSKEGON
REVISED PLAT OF 1903
N 1/2 LOT 6 BLK 49
635 OAK AVENUE - CITY OF MUSKEGON
REVISED PLAT OF 1903
N 1/2 LOT 5 BLK 49
Page 263 of 293
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 27, 2026 Title: Workforce Housing Restrictive Covenant -
Sue Ann Properties, LLC
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
Eric Payne, through Sue Ann Properties, LLC, request a Workforce Housing PILOT for 3 duplexes and 3
accessory dwelling unit at 595 and 617 Oak Avenue, as well as 594 Orchard Avenue. This restrictive
covenant establishes the terms of the project and restricts the property's use to workforce housing for
the statutory term.
Detailed Summary & Background:
Eric Payne, through Sue Ann Properties, LLC is working with Mrs. Kara Novak as the lender and
developer along with Mr. Derek Sjaarda as the builder to add to our stock of income-restricted
workforce housing in the community. If approved, each of the three parcels will feature a duplex
and an accessory dwelling unit, utilizing our 2024 Zoning Reforms to increase density to meet the
housing need. These units will be restricted to families or individuals that fall below 120% AMI for their
household size, per MSHDA's annual rent limits for Muskegon County. The term of the restricted use is
15 years, along with the companion resolution establishing the Payment in Lieu of Taxes (PILOT) in this
agenda.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
NA Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
NA Yes No N/A
Recommended Motion:
Motion to approve the workforce housing restrictive covenant between the city of Muskegon and
Sue Ann Properties, LLC and to authorize the mayor and clerk to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Chapter 82-52 of the City of Muskegon Code of
Ordinances
Page 264 of 293
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 265 of 293
WORKFORCE HOUSING RESTRICTIVE COVENANT
This Workforce Housing Restrictive Covenant (“Restrictive Covenant”) is made by and between
the City of Muskegon, Michigan (“Municipality”) and Sue Ann Properties, LLC, a Limited Liability
Company, presently of 9321 Port Sheldon St, Zeeland MI 49464 (the “Sponsor”) as of January 27th, 2026.
R E C I T A L S:
A. Sponsor is the owner of certain real property located in the City of Muskegon, County
of Muskegon, State of Michigan, and more particularly described on the attached Exhibit A (the
“Property”), which is attached hereto and incorporated by reference into this Agreement.
B. Sponsor has offered to provide nine “Workforce housing” units as defined by MCL
125.1415a(10)(d) on the Property (the “Project”) and has applied to Municipality for a workforce housing
exemption from ad valorem property taxes under Section 15a of the State Housing Development Authority
Act, being Public Act 346 of 1966, as amended (the “Act”).
C. In consideration of Sponsor’s offer to undertake the Project, Municipality has agreed to
exempt the Property from all ad valorem property taxes imposed by any taxing jurisdiction and to accept
in lieu thereof payment of an annual service charge for a period of 15-years as provided by Chapter 82 of
the City Code of Ordinances, as amended (the “Ordinance”).
D. Upon completion of the Project, the annual service charge paid in lieu of all ad valorem
property taxes shall be equal to ten percent (10%) of the annual shelter rents collected from the Project and
shall be paid as provided in the Ordinance.
E. Sponsor and Municipality agree that the economic feasibility of the Project depends upon
the continuing effect of the annual service charge in lieu of all ad valorem taxes approved by Municipality
for the 15-year exemption period.
F. Accordingly, upon recording with the Muskegon County Register of Deeds, this Restrictive
Covenant will restrict use of the Property to Workforce housing for the 15-year exemption period.
NOW, THEREFORE, in consideration of Municipality’s acceptance of payment of the annual
service charge in lieu of all ad valorem property taxes and Sponsor’s commitment to construct or rehabilitate
the Project, Sponsor and Municipality hereby covenant as follows:
1. Recitals. The above recitals are acknowledged as true and correct and are incorporated by
reference into this paragraph.
1
Page 266 of 293
2. Definitions. All words and phrases used in this Restrictive Covenant have the same
meaning as defined in the Act or the Ordinance.
3. Workforce Housing Covenant. The Project will, upon completion of the proposed
construction or rehabilitation, constitute workforce housing for households for persons and families whose
household income is not greater than 120% of the area median income, as published by the Michigan State
Housing Development Authority (“the Authority) for Muskegon County, adjusted for family size. All of
the housing units in the Project will be rented, or available for rental, on a continuous basis to members of
the general public throughout the term of this Restrictive Covenant.
4. Term of Exemption. The exemption from ad valorem property taxes approved by
Municipality shall remain in effect in accordance with this Restrictive Covenant restricting use of the Project
to workforce housing for a period of 15-years, ending on December 31, 2041, or so long as the Project is
used as workforce housing, whichever is less.
5. No Violation. Sponsor agrees that it will not knowingly take or permit any action that
would result in a violation of the requirements of this Restrictive Covenant or the Ordinance, which is
incorporated herein as if a part of this Restrictive Covenant. Further, Sponsor agrees to take any required
action, including the amendment of this Restrictive Covenant, as may be necessary, in the determination of
the Municipality or of the Authority, to comply with the Ordinance. If Municipality determines that the
Project is not in compliance with the requirements of this Restrictive Covenant, and Sponsor, after receiving
written notice of the non-compliance from Municipality, does not correct such non-compliance within thirty
(30) days, Municipality shall be entitled to take such actions as it deems necessary to enforce the provisions
of this Restrictive Covenant.
6. Sponsor to Demonstrate Compliance. Sponsor will provide Municipality with such
certifications, reports and other information as are required by Municipality to demonstrate compliance
with the Ordinance. Sponsor will provide Municipality and Authority with an annual verification of
compliance with this Restrictive Covenant, in a form specified by the Authority.
7. Transfer of Ownership. Sponsor will, prior to a sale or other voluntary transfer of
ownership of the Project or any part thereof, notify Municipality in writing, and will enter into any
agreements with the purchaser or transferee as may be prescribed by Municipality to ensure such purchaser's
or transferee's compliance with this Restrictive Covenant and Michigan law.
8. Enforceability. This Restrictive Covenant is enforceable in any court in the State of
Michigan having jurisdiction thereof, by Municipality, and to the extent required by the Ordinance, by any
individuals who are tenants of the Project.
9. Covenant Running with the Land; Binding Effect. The foregoing covenant shall
constitute and be enforced as a covenant running with the land under Michigan law and shall be binding on
all successors or assigns of Sponsor or Municipality and any future owner or operator of the Project for the
full 15-year exemption period.
10. Miscellaneous. In the event of any conflict between the terms of this Restrictive Covenant
and the requirements of the Ordinance the requirements of the Ordinance shall prevail. This Restrictive
Covenant may only be amended or terminated by a writing signed by both Sponsor and Municipality. The
invalidity of any clause or provision of this Restrictive Covenant shall not affect the validity of the
remaining portions thereof.
2
Page 267 of 293
IN WITNESS WHEREOF, is this Covenant is effective as of January 27th, 2026.
[Signature Pages Follow]
3
Page 268 of 293
CITY OF MUSKEGON
By: ________________________________________
Its: ________________________________________
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me this day of January 27th, 2026 by Kenneth
Johnson, as Mayor of the City of Muskegon, a municipal corporation of the State of Michigan.
Notary Public, ________________County, MI
My Commission Expires:
Acting in _________________ County, MI
4
Page 269 of 293
SPONSOR
SUE ANN PROPERTIES, LLC
By: _____________________________________
Its:
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me this ____ day of __________, by
______________________, as the manager/authorized member of the aforementioned Sponsor.
Notary Public, __________County, MI
My Commission Expires:
Acting in ________________County, MI
DRAFTED BY:
WHEN RECORDED RETURN TO:
5
Page 270 of 293
EXHIBIT A
Legal Description of Property
595 OAK AVENUE - CITY OF MUSKEGON
REVISED PLAT OF 1903
W 60 FT OF E 66 FT LOT 11 BLK 49
617 OAK AVENUE - CITY OF MUSKEGON
REVISED PLAT OF 1903
N 1/2 LOT 7
ALSO E 40 FT OF LOT 8
BLK 49
594 ORCHARD AVENUE - CITY OF MUSKEGON
REVISED PLAT OF 1903
E 66 FT LOT 16 BLK 49
EXC S 2 RODS
6
Page 271 of 293
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 27, 2026 Title: Resolution for Housing Tax Exemption - Sue
Ann Properties LLC
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
Eric Payne, through Sue Ann Properties, LLC is requesting a Payment in Lieu of Taxes for their
workforce housing project at 595 and 617 Oak Avenue, as well as 594 Orchard Avenue, which
requires a resolution setting the annual PILOT rate.
Detailed Summary & Background:
Eric Payne, through Sue Ann Properties, LLC is working with Mrs. Kara Novak as the lender and
developer along with Mr. Derek Sjaarda as the builder to add to our stock of income restricted
workforce housing in the community. If approved, these parcels will each feature a duplex and an
accessory dwelling unit, utilizing our 2024 Zoning Reforms to increase density to meet the housing
need. These units will be restricted to families or individuals that fall below 120% AMI for their
household size, per MSHDA's annual rent limits for Muskegon County. The term of the restricted use is
15 years, along with the companion Workforce Housing Restrictive Covenant in this agenda packet.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
NA Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
NA Yes No N/A
Recommended Motion:
Motion to approve the resolution for housing tax exemption as presented and to authorize the clerk
to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Chapter 82-52 of the City of Muskegon Code of
Head Ordinances
Page 272 of 293
Information
Technology
Other Division Heads
Communication
Legal Review
Page 273 of 293
Resolution Setting Annual Service Fee
for the Workforce Housing Development
by Sue Ann Properties, LLC
Whereas, Sue Ann Properties, LLC (the “Sponsor”), has applied to the City of Muskegon for
a determination that a proposed workforce housing project sponsored by it at
various properties represented on Exhibit A is entitled to the exemption from taxes
authorized by Chapter 82 of the City of Muskegon Code of Ordinances; now
therefore, be it
Resolved, that the proposed workforce housing project is within the class of housing
developments entitled to an exemption under Chapter 82, if it meets the following
contingencies:
a. Sponsor shall provide documentation to the City substantiating ownership
of the subject properties.
b. Construction of at least 9 units of the proposed workforce housing project
shall be commenced within twelve (12) months from the date of the
Michigan State Housing Development Authority’s (“MSHDA”)
notification of exemption, or this resolution shall be void and of no effect.
c. For the life of this Workforce Housing Resolution, 100% of the dwelling
units in the proposed workforce housing project will be restricted to rental
units or other housing options that are reasonably affordable to, and
occupied by, a household whose total household income is not greater than
120% of the area median income published by the Michigan Statewide
Housing Development Authority.
d. The Sponsor shall submit an affidavit to MSHDA in the form required by
MSHDA for certification that the workforce housing project is eligible for
the workforce housing exemption.
e. Upon receipt of notification from MSHDA that the workforce housing
project is eligible for a workforce housing exemption, the Sponsor shall file
the certified notification of exemption with the City Assessor before
November 1 of the year preceding the tax year in which the exemption is to
be effective; and,
f. Sponsor shall record a restrictive covenant in a form acceptable to the City
Attorney. The restrictive covenant shall be recorded in the register of deeds
for the county in which the workforce housing project is located and shall
comply with the requirements of Chapter 82; and, further be it
Resolved, that in lieu of ad valorem property taxes, the Sponsor shall pay an annual service
charge equal to ten percent (10%) of the “Annual Shelter Rents” as defined in
Section 82-52 for that portion of the workforce housing project occupied for
Workforce Housing; and, further be it
Page 274 of 293
Resolved, that annually, no later than April 29, the Sponsor shall provide the City Assessor
the Sponsor’s budget for Annual Shelter Rent for the current calendar year and a
copy of Sponsor’s financial statements for the preceding calendar year, prepared in
accordance with generally accepted auditing standards or, if Sponsor is not subject
to an audit requirement, Sponsor’s compiled financial statements for the preceding
calendar year prepared in accordance with generally accepted accounting principles
and certified by Sponsor; and, further be it
Resolved, that the tax exempt status granted by this Resolution shall remain in effect for 15
years, unless otherwise terminated pursuant to Chapter 82 or this Resolution; and,
further be it
Resolved, that all portions of Chapter 82 are hereby incorporated by reference; and, further be
it
Resolved, that this Resolution may be assigned by the Sponsor only to subsequent owners of
the workforce housing project who shall agree to abide to its terms. If not assigned,
to and accepted by subsequent owners of the workforce housing project, it shall
automatically terminate; and further be it
Resolved, that the Mayor and City Clerk execute a contract with the Sponsor providing the
tax exemption and acceptance of payments in lieu of taxes as defined within this
resolution and its application, such contract subject to approval as to substance by
the City Manager and as to form by the City Attorney.
YEAS: _______
NAYS: _______
I hereby certify that the above Resolution was adopted
by the City Commission of the City of Muskegon at its
regular meeting held on ________, in the Commission
Chambers, City Hall, 933 Terrace, Muskegon, Michigan.
Ann Meisch, City Clerk
Page 275 of 293
EXHIBIT A
595 OAK AVENUE - CITY OF MUSKEGON
REVISED PLAT OF 1903
W 60 FT OF E 66 FT LOT 11 BLK 49
617 OAK AVENUE - CITY OF MUSKEGON
REVISED PLAT OF 1903
N 1/2 LOT 7
ALSO E 40 FT OF LOT 8
BLK 49
594 ORCHARD AVENUE - CITY OF MUSKEGON
REVISED PLAT OF 1903
E 66 FT LOT 16 BLK 49
EXC S 2 RODS
Page 276 of 293
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 27, 2026 Title: Workforce Housing Restrictive Covenant -
Brinks and Arnoldink Properties, LLC
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
Dave Arnoldink, through Brinks and Arnoldink Properties, LLC, request a Workforce Housing PILOT for a
duplex and accessory dwelling unit at 502 Oak Avenue. This restrictive covenant establishes the terms
of the project and restricts the properties use to workforce housing for the statutory term.
Detailed Summary & Background:
Dave Arnoldink, through Brinks and Arnoldink Properties, LLC are working with Mrs. Kara Novak as the
lender and developer along with Mr. Derek Sjaarda as the builder to add to our stock of income
restricted workforce housing in the community. If approved, this parcel will feature a duplex and an
accessory dwelling unit, utilizing our 2024 Zoning Reforms to increase density to meet the housing
need. These units will be restricted to families or individuals that fall below 120% AMI for their
household size, per MSHDA's annual rent limits for Muskegon County. The term of the restricted use is
15 years, along with the companion resolution establishing the Payment in Lieu of Taxes (PILOT) in this
agenda.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
NA Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
NA Yes No N/A
Recommended Motion:
Motion to approve the workforce housing restrictive covenant as presented and to authorize the
Mayor and Clerk to sign
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Chapter 82-52 of the City of Muskegon Code of
Head Ordinances
Page 277 of 293
Information
Technology
Other Division Heads
Communication
Legal Review
Page 278 of 293
WORKFORCE HOUSING RESTRICTIVE COVENANT
This Workforce Housing Restrictive Covenant (“Restrictive Covenant”) is made by and between
the City of Muskegon, Michigan (“Municipality”) and Brinks and Arnoldink Properties, LLC, a Limited
Liability Company, presently of 76 S River Avenue, Holland MI 49423 (the “Sponsor”) as of January 27th,
2026.
R E C I T A L S:
A. Sponsor is the owner of certain real property located in the City of Muskegon, County
of Muskegon, State of Michigan, and more particularly described on the attached Exhibit A (the
“Property”), which is attached hereto and incorporated by reference into this Agreement.
B. Sponsor has offered to provide three “Workforce Housing” units as defined by MCL
125.1415a(10)(d) on the Property (the “Project”) and has applied to Municipality for a workforce housing
exemption from ad valorem property taxes under Section 15a of the State Housing Development Authority
Act, being Public Act 346 of 1966, as amended (the “Act”).
C. In consideration of Sponsor’s offer to undertake the Project, Municipality has agreed to
exempt the Property from all ad valorem property taxes imposed by any taxing jurisdiction and to accept
in lieu thereof payment of an annual service charge for a period of 15-years as provided by Chapter 82 of
the City Code of Ordinances, as amended (the “Ordinance”).
D. Upon completion of the Project, the annual service charge paid in lieu of all ad valorem
property taxes shall be equal to ten percent (10%) of the annual shelter rents collected from the Project and
shall be paid as provided in the Ordinance.
E. Sponsor and Municipality agree that the economic feasibility of the Project depends upon
the continuing effect of the annual service charge in lieu of all ad valorem taxes approved by Municipality
for the 15-year exemption period.
F. Accordingly, upon recording with the Muskegon County Register of Deeds, this Restrictive
Covenant will restrict use of the Property to Workforce housing for the 15-year exemption period.
NOW, THEREFORE, in consideration of Municipality’s acceptance of payment of the annual
service charge in lieu of all ad valorem property taxes and Sponsor’s commitment to construct or rehabilitate
the Project, Sponsor and Municipality hereby covenant as follows:
1. Recitals. The above recitals are acknowledged as true and correct and are incorporated by
reference into this paragraph.
1
Page 279 of 293
2. Definitions. All words and phrases used in this Restrictive Covenant have the same
meaning as defined in the Act or the Ordinance.
3. Workforce Housing Covenant. The Project will, upon completion of the proposed
construction or rehabilitation, constitute workforce housing for households for persons and families whose
household income is not greater than 120% of the area median income, as published by the Michigan State
Housing Development Authority (“the Authority) for Muskegon County, adjusted for family size. All of
the housing units in the Project will be rented, or available for rental, on a continuous basis to members of
the general public throughout the term of this Restrictive Covenant.
4. Term of Exemption. The exemption from ad valorem property taxes approved by
Municipality shall remain in effect in accordance with this Restrictive Covenant restricting use of the Project
to workforce housing for a period of 15-years, ending on December 31, 2041, or so long as the Project is
used as workforce housing, whichever is less.
5. No Violation. Sponsor agrees that it will not knowingly take or permit any action that
would result in a violation of the requirements of this Restrictive Covenant or the Ordinance, which is
incorporated herein as if a part of this Restrictive Covenant. Further, Sponsor agrees to take any required
action, including the amendment of this Restrictive Covenant, as may be necessary, in the determination of
the Municipality or of the Authority, to comply with the Ordinance. If Municipality determines that the
Project is not in compliance with the requirements of this Restrictive Covenant, and Sponsor, after receiving
written notice of the non-compliance from Municipality, does not correct such non-compliance within thirty
(30) days, Municipality shall be entitled to take such actions as it deems necessary to enforce the provisions
of this Restrictive Covenant.
6. Sponsor to Demonstrate Compliance. Sponsor will provide Municipality with such
certifications, reports and other information as are required by Municipality to demonstrate compliance
with the Ordinance. Sponsor will provide Municipality and Authority with an annual verification of
compliance with this Restrictive Covenant, in a form specified by the Authority.
7. Transfer of Ownership. Sponsor will, prior to a sale or other voluntary transfer of
ownership of the Project or any part thereof, notify Municipality in writing, and will enter into any
agreements with the purchaser or transferee as may be prescribed by Municipality to ensure such purchaser's
or transferee's compliance with this Restrictive Covenant and Michigan law.
8. Enforceability. This Restrictive Covenant is enforceable in any court in the State of
Michigan having jurisdiction thereof, by Municipality, and to the extent required by the Ordinance, by any
individuals who are tenants of the Project.
9. Covenant Running with the Land; Binding Effect. The foregoing covenant shall
constitute and be enforced as a covenant running with the land under Michigan law and shall be binding on
all successors or assigns of Sponsor or Municipality and any future owner or operator of the Project for the
full 15-year exemption period.
10. Miscellaneous. In the event of any conflict between the terms of this Restrictive Covenant
and the requirements of the Ordinance the requirements of the Ordinance shall prevail. This Restrictive
Covenant may only be amended or terminated by a writing signed by both Sponsor and Municipality. The
invalidity of any clause or provision of this Restrictive Covenant shall not affect the validity of the
remaining portions thereof.
2
Page 280 of 293
IN WITNESS WHEREOF, is this Covenant is effective as of January 27th, 2026.
[Signature Pages Follow]
3
Page 281 of 293
CITY OF MUSKEGON
By: ________________________________________
Its: ________________________________________
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me this day of January 27th, 2026 by Kenneth
Johnson, as Mayor of the City of Muskegon, a municipal corporation of the State of Michigan.
Notary Public, ________________County, MI
My Commission Expires:
Acting in _________________ County, MI
4
Page 282 of 293
SPONSOR
BRINKS AND ARNOLDINK PROPERTIES, LLC
By: _____________________________________
Its:
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me this ____ day of __________, by
______________________, as the manager/authorized member of the aforementioned Sponsor.
Notary Public, __________County, MI
My Commission Expires:
Acting in ________________County, MI
DRAFTED BY:
WHEN RECORDED RETURN TO:
5
Page 283 of 293
EXHIBIT A
Legal Description of Property
502 OAK AVENUE - CITY OF MUSKEGON
REVISED PLAT OF 1903
LOT 10 BLK 41
6
Page 284 of 293
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 27, 2026 Title: Resolution for Housing Tax Exemption - Brinks
and Arnoldink Properties, LLC
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
Dave Arnoldink, through Brinks and Arnoldink Properties LLC, is requesting a Payment in Lieu of Taxes
for their workforce housing project at 502 Oak Avenue, which requires a resolution setting the annual
PILOT rate.
Detailed Summary & Background:
Dave Arnoldink, through Brinks and Arnoldink Properties, LLC is working with Mrs. Kara Novak as the
lender and developer along with Mr. Derek Sjaarda as the builder to add to our stock of income-
restricted workforce housing in the community. If approved, this parcel will feature a duplex and an
accessory dwelling unit, utilizing our 2024 Zoning Reforms to increase density to meet the housing
need. These units will be restricted to families or individuals that fall below 120% AMI for their
household size, per MSHDA's annual rent limits for Muskegon County. The term of the restricted use is
15 years, along with the companion Workforce Housing Restrictive Covenant in this agenda packet.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
NA Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
NA Yes No N/A
Recommended Motion:
Motion to approve the resolution for housing tax exemption as presented and to authorize the clerk
to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Chapter 82-52 of the City of Muskegon Code of
Head Ordinances
Page 285 of 293
Information
Technology
Other Division Heads
Communication
Legal Review
Page 286 of 293
Resolution Setting Annual Service Fee
for the Workforce Housing Development
by Brinks and Arnoldink Properties, LLC
Whereas, Brinks and Arnoldink Properties, LLC (the “Sponsor”), has applied to the City of
Muskegon for a determination that a proposed workforce housing project sponsored
by it at various properties represented on Exhibit A is entitled to the exemption
from taxes authorized by Chapter 82 of the City of Muskegon Code of Ordinances;
now therefore, be it
Resolved, that the proposed workforce housing project is within the class of housing
developments entitled to an exemption under Chapter 82, if it meets the following
contingencies:
a. Sponsor shall provide documentation to the City substantiating ownership
of the subject properties.
b. Construction of at least 3 units of the proposed workforce housing project
shall be commenced within twelve (12) months from the date of the
Michigan State Housing Development Authority’s (“MSHDA”)
notification of exemption, or this resolution shall be void and of no effect.
c. For the life of this Workforce Housing Resolution, 100% of the dwelling
units in the proposed workforce housing project will be restricted to rental
units or other housing options that are reasonably affordable to, and
occupied by, a household whose total household income is not greater than
120% of the area median income published by the Michigan Statewide
Housing Development Authority.
d. The Sponsor shall submit an affidavit to MSHDA in the form required by
MSHDA for certification that the workforce housing project is eligible for
the workforce housing exemption.
e. Upon receipt of notification from MSHDA that the workforce housing
project is eligible for a workforce housing exemption, the Sponsor shall file
the certified notification of exemption with the City Assessor before
November 1 of the year preceding the tax year in which the exemption is to
be effective; and,
f. Sponsor shall record a restrictive covenant in a form acceptable to the City
Attorney. The restrictive covenant shall be recorded in the register of deeds
for the county in which the workforce housing project is located and shall
comply with the requirements of Chapter 82; and, further be it
Resolved, that in lieu of ad valorem property taxes, the Sponsor shall pay an annual service
charge equal to ten percent (10%) of the “Annual Shelter Rents” as defined in
Section 82-52 for that portion of the workforce housing project occupied for
Workforce Housing; and, further be it
Page 287 of 293
Resolved, that annually, no later than April 29, the Sponsor shall provide the City Assessor
the Sponsor’s budget for Annual Shelter Rent for the current calendar year and a
copy of Sponsor’s financial statements for the preceding calendar year, prepared in
accordance with generally accepted auditing standards or, if Sponsor is not subject
to an audit requirement, Sponsor’s compiled financial statements for the preceding
calendar year prepared in accordance with generally accepted accounting principles
and certified by Sponsor; and, further be it
Resolved, that the tax exempt status granted by this Resolution shall remain in effect for 15
years, unless otherwise terminated pursuant to Chapter 82 or this Resolution; and,
further be it
Resolved, that all portions of Chapter 82 are hereby incorporated by reference; and, further be
it
Resolved, that this Resolution may be assigned by the Sponsor only to subsequent owners of
the workforce housing project who shall agree to abide to its terms. If not assigned,
to and accepted by subsequent owners of the workforce housing project, it shall
automatically terminate; and further be it
Resolved, that the Mayor and City Clerk execute a contract with the Sponsor providing the
tax exemption and acceptance of payments in lieu of taxes as defined within this
resolution and its application, such contract subject to approval as to substance by
the City Manager and as to form by the City Attorney.
YEAS: _______
NAYS: _______
I hereby certify that the above Resolution was adopted
by the City Commission of the City of Muskegon at its
regular meeting held on ________, in the Commission
Chambers, City Hall, 933 Terrace, Muskegon, Michigan.
Ann Meisch, City Clerk
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EXHIBIT A
502 OAK AVENUE - CITY OF MUSKEGON
REVISED PLAT OF 1903
LOT 10 BLK 41
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: January 27, 2026 Title: Approve CRC Recommendations
Submitted by: Jessica Grimm, Elections Department: City Clerk
Coordinator
Brief Summary:
Recommendations from the January 26, 2026, CRC meeting.
Detailed Summary & Background:
Goal/Action Item:
Is this a repeat item?:
Explain what change has been made to justify bringing it back to Commission:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Approve the CRC recommendations for board positions.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division
Head
Information
Technology
Other Division Heads
Communication
Legal Review
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The Community Relations Committee recommends to the City Commission approval of the following:
Member Resignation:
• Ronald Jenkins – Lakeside Business Improvement District Board
• Cammi Horn – Citizens District Council CDBG
• Mary Louise LaBelle – Civil Service Commission
• Evelyn Hough – Parks and Recreation Advisory Committee
Member Appointments and *Member Reappointments
Board of Review
*Martha Bottomley – term expiring 01/31/2028
*Sherry Burt – term expiring 01/31/2028
*David Mendendorp – term expiring 01/31/2028
Citizens Police Review Board
*Deborah Sweet – Neighborhood Rep- term expiring 01/31/2028
Ruby Clark – Neighborhood Rep - term expiring 01/31/2028
Civil Service Commission
Austin Curtis – Citizen – term expiring 01/31/2032
Citizens District Council – Community Development Block Grant
No Business
Construction Code Board of Appeals
*Brion Boucher – Architect – term expiring 01/31/2028
*Michael McPhall – Fire – term expiring 01/31/2028
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District Library Board
Jenna Lakos – term expiring – 06/30/2027
DDA/Brownfield Redevelopment Authority Board/Tax Increment Finance Authority
*Jeanette Moore – Citizen – term expiring - 01/31/2030
Joel Kamp – Resident of the District – 01/31/2030
Election Commission
*Casey Allard – term expiring – 01/31/2029
Equal Opportunity Committee
No Business
Farmers Market Advisory Board
Kemmie Sargent – Citizen – term expiring 01/31/2029
Historic District Commission
*Corbin Davis – “D” – term expiring 01/31/2029
*David Gregersen – “E” – term expiring 01/31/2029
Housing Code Board of Appeals
*Kim Burr – term expiring 01/31/2029
Walt Kubanek – term expiring 01/31/2030
Kemmie Sargent – term expiring 01/31/2029
Housing Commission
No Business
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Income Tax Board of Review
No Business
Lakeside Business Improvement District
*Nils Bodman – term expiring 01/31/2029
*Margaret Smith – term expiring 01/31/2029
Jerome Johnson – term expiring 01/31/2028
Local Development Finance Authority
*Jeffery A. Burr – term expiring 01/31/2030
Local Officer’s Compensation Commission
No Business
Parks and Recreation Advisory Committee
*Yancy Weaver – term expiring 01/31/2029
*Sidney Long – term expiring 01/31/2029
Planning Commission
*Bryon Mazade – term expiring – 01/31/2029
Margarita De La Garza – term expiring 01/31/2029
Zoning Board of Appeals
*Virginia Taylor – term expiring 01/31/2029
Thomas Foupht – term expiring 01/31/2029
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