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NOTICE
LEGISLATIVE POLICY COMMITTEE MEETING
WEDNESDAY, NOVEMBER 30, 2022
5:30 P.M.
COMMISSION CHAMBERS
MUSKEGON CITY HALL
933 TERRACE STREET
MUSKEGON, Ml 49440
AGENDA
I. Call to Order
II. Approval of Minutes for August 24, 2022
Ill. Old Business
IV. New Business
1) Legislative Summary- Pete Wills
2) Climate Emergency Declaration with presentation by Montague City Manager
Jeff Auch - Mayor Johnson
3) Review of city policy/ordinance regulating the keeping of chickens in residential
areas - Mayor Johnson
4) Review of the city dangerous dog policy- Commissioner St. Clair
V. Adjourn
Notice dated 11/28/2022
Cc: Mlive/Chronicle
City Commissioners
Post
ADA POLICY: The City of Muskegon will provide auxiliary aids and services to individuals who wish to
attend the meeting upon twenty-four-hour notice to the City of Muskegon. Please contact Ann Marie
Meisch, City Clerk, at 933 Terrace Street, Muskegon, Ml 49440 or via telephone 231-724-6705: dial 7-1-1
to request connection with 231-724-6705.
CITY OF MUSKEGON
LEGISLATIVE POLICY COMMITTEE
Minutes
Wednesday, August 24, 2022
5:30 pm
Present: Commissioners St. Clair, Johnson, German, Hood (arrived 6:20 pm), and Emory.
Absent: Commissioner Ramsey and Gorman.
Approval of Minutes
Commissioner St. Clair moved, Commissioner Emory seconded, to approve the minutes
of May 25, 2022.
MOTION CARRIED.
Legislative Update - Pete Wills
Pete Wills reviewed several State policy issues, the fall General Election, Housing through
MSHDA, and Federal issues with the City Commission.
Flag Policy- Ann Meisch
Ann Meisch, City Clerk, provided a draft flag policy prohibiting the flying of any flag with
the exception of the United States of America, State of Michigan, County of Muskegon, and
City of Muskegon flag based on the recommendation of our City Attorney.
After discussion by the City Commission, the board added Sister Cities and visiting
dignitaries from the consulate and formally acknowledged by the Mayor and/or City
Commission may have the flag flown.
This policy will be taken to the City Commission for approval.
Commission Meetings - Call-In Option & Zoom Option for Non-Televised Meetings
Upon Request - Mayor Johnson
The Commission discussed making a zoom option available as a call-in. Staff stated concern
about the lack of staff to provide such a request. The City Commission stated the City Clerk's
Office should be the one to offer this service. The City Manager will review it.
Consideration of Requests from Grand River Bands of Ottawa Indians - Mayor
Johnson
The City Commission indicated both tribes deserve recognition and respect from the City of
Muskegon.
Adjournment
Motion by Commissioner Ramsey, seconded by Commissioner St. Clair to adjourn the
meeting at 6:50 pm.
MOTION CARRIED.
Ann Marie Meisch, MMC
City Clerk
State I Federal Report, May 2022
STATE
State Policy Issues
Bill# Sponsor Detail Status Position
HB 4129 Marino Requires Secretary of State to post a list of local clerks who-are not current with continuing election 3/9/22 Passed House; MMLopposed
education training on Department of State website. Senate Elections Comm
HB 4530- Calley, Filler, Bills would combine May & Aug elections into a June election; January 2023 effective date 4/27/21 Passed MML/ Clerks
4531- Whitesett, Assn/ Sec of
- - House; Senate
Puri St ate support
4532- Elections Comm
4533
HB 4722 Lightner, Would define Short Term Rentals (STR) as residential uses of property and restricts municipality's 10/27/21 Senate Reg MMLopposed
SB446 Nesbitt ability to regulate them. Mandates all STRs are a by-right residential use of property, permitted in all Reform; SB 446 Senate
residential zones . Cannot be subject to a special use or conditional use permit, or any procedures Floor
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different from those required for other dwellings in the same zone. Bill would eliminate ability to
inspect STRs unless inspecting all dwellings in that zone, including owner-occup ied.
HB 4985 Damoose Short Term Rental compromise; see below 6/15/21 House MML support
HB 5054 Albert Municipal pension proposal
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I Commerce
3/2/22 Senate Approp MML support
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HB 5090 Clements Social Districts/Special Events - creates new outdoor service area permit allowing an on-premises Signed 3/10/22, PA 27 Ml Downtown
licensee to have outdoor service in an outdoor service area under certain conditions; makes a of '22 Assn support
number of changes but would permit MLCC to issue·a special license whose event is to be held
;
within a commons area located within a social district; would allow non-profit beer tent special
licenses within social district without shutting it down.
HB 5351 S. Johnson Doubles the Personal Property Ta x exemption for small businesses from $80 to $160K; $40-50M impact Signed 12/15/ 21, PA 150 MMLopposed
of '22
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39-bills Senate Elections Package - Senate GOP package addresses concerns with election security, 6/16 SB 285, 303, 304 MMLsupport
operations and access. MML supports SB 278-300. passed Senate SB 278-300
SB 5 Wojno Modifies the number of days fireworks are permitted per year and increases penalties for violations 1/13/21 Senate MML support
of the Michigan Fireworks Safety Act. Local unit with pop density of over 3400 per sq mile may enact Regulatory Reform
ordinance that regulates fireworks except on News Year Eve, Memorial Day, July 4, Labor Day
SB 565 Bumstead FY21 budget supplemental drinking water and water infrastructure improvements - $15M 4/12/22 Signed MMLsupport
appropriation for Windward Pointe property, PFAS remediation activities to address groundwater,
drinking water, surface water and fishery resources.
SB 473- Victory, 12-bill bi-partisan package to address police accountability and reform across law enforcement 5/25/21introduced TBD
484 Chang agencies. MCOLES to develop guidelines/policies for investigations of officer-involved deaths
SB 769- LasSata, MEDC economic dev incentive package; Creates the Strategic Outreach and Attraction Reserve 12/29/21 SB 769 and N/ A
771 & HB Vanderwall, {SOAR) fund, an umbrella fund that fuels tbe following secondary funds : 771 signed; 12/15/21
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5602- etc - The Michigan Strategic Site Readiness Fund (MSSRF}, which provides grants, loans-and other HB 5602 signed
5604 economic help to generate investment-ready sites prepared for agreeable development.
- The Critical Industry Fund (CIF}, which provides the money needed to " close the deal." Whatever
the company needs to make the numbers work, this funlh-elps. Gaps in equitable opportunity, small
business aid and consideration of environmental impacts.
SB 360- Multiple Employer-supported housing credit; Attainable Housing & Rehab; Re-establish Construction Code SB 360-364, 422, 432 MML, Home
364, 422, Senators Promulgation Committee; Expand NEZ's to Additional Local Gov Units; Residential Facilities 6/17/21 House Builders, GR
432 Exemption; Allow PILOTs for Housing; Community Land Trusts Chamber
support
HB 4649- Multiple Employer-supported housing credit; Attainable Housing & Rehab; Re-establish Construction Code House Comm since MML, Home
50, 4647- Rep's Promulgation Committee; Expand NEZ's to Additional Local Gov Units; Residential Facilities 4/2021 Builders, GR
49, 4827, Exemption; Allow PILOTs for Housing; Community Land Trusts Chamber
support
4713-14 -
~r.
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FALL GENERAL ELECTION, NOVEMBER 8, 2022
Governor
• Democrat Party candidate(s) -
Gov. Gretchen Whitmer
• Republican Party candidate(s) (August 2 Primary) -
Donna Brandenburg - Byron Center businesswoman
Michael Brown - Berrien County resident and MSP Captain
James Craig - former Detroit Chief of Police
Tudor Dixon - Norton Shores businesswoman and media personality
Perry Johnson - businessman
Ryan Kelley-Allendale resident
Michael Markey- Grand Haven small business owner
Ralph Rebandt - Oakland County Clergy
Kevin Rinke - Oakland County businessman
Garrett Soldano - Kalamazoo chiropractor
U.S. House (new 3 rd Congressional District map)
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• Includes nearly two-thirds of Kent County; half of Ottawa; along with a third of Muskegon Co, including
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the City of Muskegon.
• Republican candidate - current Congressman Peter Meijer
• Democrat candidate - N/A
Michigan state Senate (new 32 nd Senate District map )
• Include nearly all of Muskegon County, except townships in the SE portion of the county; Oceana County,
Mason County, portion of Manistee County, and Benzie County
• Republican Candidate - current Sen . Jon Bumste,ad
• Democrat Candidate - current Rep. Terry Sabo
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Michigan state House - (new 87 th state House District map)
• Includes Muskegon and Muskegon Heights, N. Muskegon, and ru~al areas north of North Muskegon along
the shore and east along M-120 t~ 'Twin LcJ~e.- 1 1 111 1 ,1 t ', •' ., '
• Republican Candidate - Michael' Haueisen
• Democrat Candidates-Will Snyder/ Brennen Gorman/ Debra Warren/ Eddie Jenkins Ill
NOVEMBER BALLOT PROPOSALS
Legislative Term Limits reform
• The legislature recently passed, by the required two-thirds vote, a proposed constitutional amendment
that would ask voters to change the constitution and allow legislators to serve a combined 12 years in
either chamber.
• House Joint Resolution R, mainly takes from the Voters For Transparency and Term Limits proposal and
includes a requirement that constitutional officers and legislators personally disclose where they are
receiving their income. Under the proposal, starting April 15, 2024, the governor, lieutenant governor,
secretary of state and attorney general must electronically file a yearly financial disclosure report with the
Department of State.
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• Since the legislature voted to put this issue on the ballot, there is no continued need for interest group-
based coalitions to collect signatures who were pushing the same idea. Putting the proposal in front of
the people requires either 425,059 signatures to the Bureau of Election by July 11 or a two-third vote by
both chambers of the Legislature by early September.
• If successful, it would be the first time since term limits was adopted by voters in 1992 that any changes
to the constitutional amendment would have made a ballot.
• Michigan's term limits law of three two-year House terms and two four-year Senate terms was enshrined
in the constitution by voters.
16 Additional Potential Ballot Proposals
The Michigan Board of Canvassers has received four ballot proposals to amend the state Constitution:
• Protect the Right to Vote petition- The GOP-driven proposal would require photo ID or a signed affidavit to
vote; would require a partial Social Security number to register to vote; would provide state-funded IDs to
those who need them; would make it so absentee ballot applications would only be available on request;
would set the times for absentee voting; and would make all elections run through public funds by disallowing
private donations.
• Promote the Vote 2022 petition - The League of Women Voters/ ACLU/Voters Not Politicians proposal would
insert language in the state Constitution that would bar any law from creating an "undue burden" on voters; It
would allow absentee ballots to be counted six days after election if they are postmarked by Election Day;
would require proof of identity to register to vote, but would be able to sign for absentee ballots; would
require the state to pay for absentee ballot postage; would require at least one secure absentee drop box in
every municipality; would enshrine the power of election audits with the Secretary of State Office.
• Reproductive Freedom for All Michigan-The Planned Parenthood/ACLU constitutional amendment would
allow abortion in the state of Michigan; would allow the state to keep a ban on abortion after a baby could
survive outside the womb without extreme measures; it would not allow any bans on contraceptives.
• Michigan Changes to Initiative and Legislative Process petition - The proposal would change a process the
Michigan Legislature has used to bypass veto from the Governor. It would require any ballot initiative to be
voted on and not allow the Legislature to pass a ballot proposal into law after it meets the requirements. It
would also extend the validity of signatures for a petition by two years.
There are three Michigan constitutional amendments up for a vote that have been proposed by the Michigan
Legislature. The Legislative constitutional amendments have to be passed by the Senate and House by a two-third
majority before heading to the ballot:
• Michigan Two-Thirds Lame-Duck measure -The constitutional amendment was proposed by House Speaker
Jason Wentworth (R-Farwell). The proposal would require any bill proposed between November and the start
of a new Legislative session, known as a lame-duck session, receive two-thirds majority to pass. It has passed
the House, but not the Senate.
• Michigan Civil Service Employee Legislative Communication measure - The constitutional amendment was
proposed by a group of Michigan Senators in March. The amendment would keep state civil service
employees from being disciplined for talking with legislators or their staff. It has passed the Senate, but not
the House.
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• Legislative Vote to Suspend Legislator's Salary measure - The proposal passed in the House would amend
the Michigan Constitution to allow a legislator's salary and expense account to be suspended for unethical
actions or excessive absence. A vote would need to pass both chambers of the Legislature by a two-third
majority. It has passed the House, but not the Senate.
There are nine citizen-initiated state statutes that are heading to the state Board of Canvassers. These proposed
laws can create veto-proof legislation that can be directly passed by the Legislature if they collect the number of
signatures to end up on the ballot. If the legislation is not taken up by the Legislature, then the proposals end up
on the ballot:
• Voter ID Initiative -The proposal would require an ID card to vote in-person or by absentee ballot.
• Michigan Election Audits Initiative -The proposal would create a Forensic Audit Board that would be
responsible for auditing election results, including those from November 2020.
• Michigan Minimum Wage Increase to $15 - The proposal would increase the minimum wage in the state to
$15 per hour by the year 2027. The increase would start at $11 per hour starting in 2023 and increase by $1
per year until the $15 cap.
• Payday Loan Interest Rate Cap - The proposal would set the interest rate on payday lenders at 36% annually.
Any rate exceeding the cap would be deemed unenforceable. The initiative would also create a consumer
warning for payday loan businesses.
• Unlock Michigan II - The ballot proposal would limit the Michigan Department of Health and Human Services
and county health department emergency orders to 28 days unless approved by the legislative government
controlling the area.
• This Liberty and Justice for All proposal - The initiative would incentivize good behavior in prisoners through
credit for time served, regardless of their sentence date. Under current legislation, according to the ballot
measure, only prisoners sentenced after April 1, 1987, are eligible to have time knocked off for good behavior.
• Student Opportunity Scholarship Program - The Great Lakes Education Project-backed measure would create
a program called the Student Opportunity Scholarship that would allow organizations to register with the
state to distribute scholarships to students for both public and private education.
• Student Opportunity Scholarship Tax Credit - The proposal would create an income tax credit for anyone
contributing to the Student Opportunity Scholarship program.
• Decriminalization of Psilocybin Mushrooms and Other Plants and Fungi - The proposal would decriminalize
the cultivation, possession and use of psychotropic plants and fungi, such as mescaline, peyote and psilocybin
mushrooms.
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State Policy lssues--continued
Senate, House Planning To Vote On New $2.5B Tax Cut
• The Republican-led Senate and House plan to vote for a second time on a $2.5 billion income and property tax
cut plan that will include changes that are designed to address concerns the Governor brought up when she
vetoed the first tax cut plan earlier this spring.
• The plan drops the income tax rate from 4.25% to 4%, raises the personal exemption on income taxes and
expands the earned income tax cred it (EITC) . It also provides a more robust child tax credit, re imburses locals
for the property tax cut for veterans and increases the senior income tax exemption while adjusting it to
inflation .
• It comes a day before the Consensus Revenue Estimating Conference (5/20/22}, where the state's fiscal
leaders are expected to project an extra $2 billion in state revenues for the current fiscal year in the School
Aid Fund and General Fund combined before the revenue growth is expected to slow going into Fiscal Year
2023.
• In March, the Legislature sent the Governor an income tax drop from 4.25.% to 3.9%, an income tax write-off
for retirement income tax and a $500 per-child nonrefundable tax credit. The Governor vetoed the bill saying
it "would strip away funding from kids, police and communities .. . blowing a recurring, multi-billion-dollar-
hole in basic state government function s' from public safety to potholes." She didn't rule out tax cuts as part
of a general conversation on what to do with the state's large, multi-billion surblus, but her preference was on
retirement income exemptions and an expansion of the EITC.
Short Term Rentals (STRs)
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• HB 4722 past the House on 10/27/21 and is opposed by MM L. The Senate may vote on the legislation this fall.
• HB 4985 was introduced as "compromise" legislation and supported by MM~. It has remained in the House
since June 2021 and would do the following:
o Local units could not ban STRs & would allow property owners to rent thei r property on limited basis.
o Properties rented for more than 14 days pe r year could be regulated as commercial establishments in
residential neighborhoods.
o Preserves local control by allowing
'l(J
zoning ordinances to classify
1 \ I
those rentals as either residential or
commercial uses of property and' allow lo<;: al •units to re'q uire a special-use or conditional-use permit
for those houses.
o Compromise Option 1 (HB 4985 } Would define the number of days a property could be used as a STR
and still qualify to be regulated as a residential use rather than a commercial one .
o Compromise Option 2 (SB 547} Would stop local units from banning STR properties and create a
statewide registry. This bill has remained in the Senate since June 2021.
• The "Good Neighbor Policy" legislation, House Bills 5465 and 5466 is supported by a coalition of organizations
rep resenting local government, public safety, the restaurant and lodging industry, economic development and
more . The compromise legislation was initiated as an alternative to the harmful HB 4722 . HB 5465 and 5466
have remained in the House since October 2021.
o HB 5466 would allow property owners the ability to rent their property for up to 30 days per year in
all residential areas, while allowing for reasonable zoning regulations. The bill creates greater parity
between requirements and regulations among the unregulated short-term rental enterprises and
other "typical" hotel and motel lodging.
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o HB 5465 establishes the Short-term Rental Regulation Act that requires all short-term rentals and
hosting platforms, like AirBnB or VRBO, to register the property with the state, allowing for improved
awareness and regulatory enforcement. The properties are required to adhere to safety features,
such as liability insurance, and on-site smoke and carbon monoxide detectors and fire extinguishers.
Municipalities may enact reasonable regulations to protect health and safety, and proactively mitigate
nuisance issues, such as noise, parking and traffic.
There are groups supportive of a statewide housing plan but are opposed STRs. The intent is strike a balance
between of allowing various housing types in communities .
Governor launches Statewide Housing Plan (SHP), 5/4/22 - MML, MSHDA, Partner Advisory Council
• Earlier this year, the Governor encouraged communities, state agencies, local units, developers, nonprofits
and philanthropic organizations to partner in a solutions workgroup to discuss strategies for Michigan's first
Statewide Housing Plan .
• The Vision : Michigan needs to increase the supply of safe, healthy, affordable, and attainable housing while
improving equity and racial justice throughout the housing sector. To rectify longstanding historical patterns of
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racial discrimination and segregation in h<;Jusing access, a strong and intentional focus on equity and racial
justice is interwoven throughout the plan.
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• Final plan was released in ea r.ly May. 1
• The goals is to create or preskrve 75,000 housing units across Michigan. Other targets include :
1
o The stabilization of housing for 100,000+ households
o Significantly reduce equity gaps in homelessness and homeownership
o Strive to make homelessness rare, brief and one time
o Increase home energy efficiency and make weatherization improvements in 15,000+ household
Moving forward, a new statewide housing partnership and regional groups will work alongside Michigan' s
Campaign to End Homelessness (MCTEH) to meet the goals of the plan . '
Governor announced $100M
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affordable housing proposal (HCDF), 7/27 /01
• Last year, the Governor announced a proposed investment of $100M of federal ARPA relief dollars into the
Michigan Housing and Community Development Fund (HCDF).
• The proposal would assist 6,000 Michigande~s, produce
I I IJ 'I 12,000
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r,enta'I housing units, and leverage an additional
$380 million in private funding, while creating 1,600 good-paying jobs.
• Transformational investment will expand access to affordable and attainable housing, helping close equity
gaps, and supporting the development of vibrant communities across the state.
• The HCDF was established in statute but has not always been funded by the legislature. Its purpose is to
develop and coordinate public and private resources to meet the affordable housing needs of low-income
households and to revitalize downtown areas in Michigan.
• The flexibility of the HCDF allows it to be used to provide grants and loans to finance a wide range of
housing-related projects including: acquisition, rehabilitation, new construction, development and
predevelopment, preservation of existing housing, community development projects, insurance, down
payment assistance, security deposit assistance, activities that address homelessness, assistance to nonprofit
and for-profit developers, municipalities, land banks, and community development financial institutions.
• Target is workforce housing and "missing middle" housing for those transitioning from low-income into
middle-income housing, two areas of need in Michigan.
• MSHDA has not yet developed an allocation plan for the HCDF and a formula for disbursement based on
poverty rates, and economic and housing distress.
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Housing Michigan Coalition, established in 2021
• Coalition of statewide community, business, and governmental organizations to increase supply of equitable,
accessible and attainable housing opportunities. Critical workforce, talent and quality of life issue.
• Led by MML, GR Chamber, Home Builders Assn of Ml, and Housing North . City of Muskegon is a member.
• Legislative package includes : tax credits and funding mechanisms, state agency action and cooperation,
streamlining building and development regulations.
Additional legislation will likely be added to the following package of bills:
Introduced Legislation - Housing Michigan
Description Sponsored By: Senate Bill # House Bill#
Employer-Supported Housing Credit Sen . Victory & Rep. Huizenga 360, 361 4649, 4650
Attainable Housing & Rehabilitation Act Sen. Brinks & Rep. Sabo 362 4647
Re-Establish Code Promulgation Committee Sen . Daley & Rep. Tate 363 . 4648
Expand NEZ's to Add itional Local Govt Units Sen . Moss & Rep. Bolden 364 4646
Residential Facilities Exemption Sen. Horn & Rep. Roth 422 4827
....
Allow PILOTS for Housing Sen. Schmidt 432
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Community Land Trusts ' I
Sen. Victory & Rep. Lilly 4713, 4714
Coming Soon \
Description Sponsored By: 1\
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Housing Impact Statement Sen. Daley & Rep . Tate I
Governor announced $1.4B child care investment in 2021
• Working families need to have access to affordable, available and quality child care .
• Proposal would raise subsidy rates for providers by 20% and expand eligibility for low or no-cost child care to
200% of the federal poverty level.
• An estimated 150,000 more children will be covered' by stretching the eligibility for subsidized child care from
150% of the federal poverty level -- $39,300 each year for a family of four -- to 200% of the poverty level --
$53,000 annually for th J same-sized household -- from Aug. 1 to Sept. 30, 2023.
• After 9/30/23, authorizes eligibility permanently to four-membe r families making $41,920 yearly, which is
160% of the poverty level. 1, , 1,'
' 1 r f, 1 , 11 I I
• Assigns nearly $125 million toward wemium pay for child care professionals with stipends paid quarterly from
July 2021 until Septembe r 2022, equating to a $500 retention bonus for staff each three months.
• $1.4B in ARPA funds for Ml is built on top of the $241.5M the state receives annually to suppo rt child care .
• Plan will be negotiated with the legislature .
Water Infrastructure & Local Parks plan - Public Act 53 of 2022; $4. 709B for the following include:
• Infrastructure and Quality of Life
• The legislation is taking $3.9B from the federal COVID-19 recovery funds sent to Michigan and $945.4M from
U.S. Congress' Infrastructure Investment and Jobs Act.
• Water Infrastructure - $515M for storm water and wastewater improvement projects, and $750M for
drinking water infrastructure advancement projects. This appropriation can be utilized on public health
mitigation grants, sewer infrastructure, lead service line replacements, regional water authority, water
treatment plant modifications and PFAS remediation .
o EGLE has started plans to administer $1.9B of these funds through the State Revolving Fund process.
• Local Parks - $200M in local parks and trail infrastructure grants.
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o Provides an opportunity to improve quality of life for our residents, support local economies and bring
people back to Michigan as the state continues its recovery from the effects of the pandemic.
o Addresses the needs at our neighborhood parks and community gathering places to make them safer,
more accessible and inclusive.
o This new programs are expected to be modeled on the state's Recreation Passport grants to help local
communities develop the recreational assets they need for the next generation.
• Homeowners - $121.4M for a homeowner assistance fund to help families experiencing financial hardship
after Jan . 21, 2020, distributing funds to fend off homeowner mortgage delinquencies, foreclosures,
displacements or loss of internet service or utilities. The HCDF will also use $SOM for expanding affordable
housing programs to those most disenfranchised during the pandemic.
• Broadband - $250 .6 million to offer competitive broadband infrastructure grants to boost connectivity in
"unserved areas," with 5% of the appropriation going toward the Michigan High-Speed Internet Office. The
office will be authorized to accept eight new employees, and leftover federal broadband grant funding will be
available with no extra state resources needed.
Total Investment: $4.709 Billion
Highlights of Key Areas of Investment of Water Infrastructure & Local Parks Plan
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General EGLE guidance - EGLE to, administer•$1.98 of the total $4.78
• 3 primary fund sources of the legislation include -
o ARPA/ IIJA / General 1Fund
• EGLE intends to funnel a majority of the $1.98 through State Revolving Fund (SRF) for water infra projects.
• What funds can communities apply for -
o IIJA- $S00M loans and loan forgiveness, submit project plans in accordance with SRF process
o ARP - $18 grant funding - $600M drinking water, $400M clean water, submit project plans in
accordance with SRF process
• PA 53 to distribute funds over two-year cycle
• I
o Communities who applied for 2023 SRF cycl~ are eligible for IIJA and ARP, (funding determinations
made by Oct ' 22)
• Funds primarily for cons,t ruction projects, not planning.
Local Government \ lj \ ' '
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Non-Entitlement Coronavirus Local Fiscal Recovery Fund Grants - Second Tranche ($322 Million, ARP)
• Includes $322.1 million federal Coronavirus State Fiscal Recovery Fund Star to distribute to local units of
government pursuant to federally designated allocations. City will receive our ARP second tranche of
$11,440,947 from this pot.
Hold Harmless Revenue Sharing Payments ($46 Million, General Fund)
• Allocates $46.0 million to be used to make hold harmless payments to cities, villages, and townships that
experience a decline in population according to the 2020 census; requires payments to be made in an
amount equal to the overpayment amount.
Water Infrastructure
Water State Revolving Funds ($506 Million, IIJA)
Appropriates year one and two of five years' worth of fede ral Infrastructure Investment and Jobs
Act (IIJA) funding to support loans and grants for the following:
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• Allocates $154.3 million to wastewater infrastructure
• Allocates $88.2 million to drinking water infrastructure
• Allocates $45.1 million to address emerging contaminants in stormwater and wastewater ($8.1 million)
and drinking water ($37.0 million)
• Allocates $138.8 million to replace lead service lines
• Allocates $43.3 million to assist small and disadvantaged communities for drinking water infrastructure
projects
• Allocates $36.4 million in state general fund resources for year one and two of five years' worth of state
matching funds required to access IIJA funding
Water State Revolving Funds - Clean Water ($515 Million, ARP)
• Allocates $515.0 million to be used for clean water infrastructure improvements and public health risk
reduction efforts. The following specifics uses of these funds were included:
o Requires EGLE to maximize geographic distribution of funds by meeting certain requirements
o Allocates up to $20.0M for substantial public health risk grants capped at $2.0 million per project
o Allocates $25.0 million to be used for the Great Lakes Water Authority
Water State Revolving Funds - Drinking Water ($750 Million, ARP)
• Allocates $750.0 million to be used for drinking water improvements including lead service line
replacements, water main improvements, and water treatment plant upgrades. The following specifics
uses of these funds were included:
o Requires EGLE to maximize geographic distribution of funds by meeting certain requirements
o Requires at least a quarter of the appropriation, aside from specific allocations, to be used for
lead service line replacement and PFAS remediation ($187.5 million)
o Allocates $18.0M to be used for the consolidation and contamination risk reduction program to
provide drinking water assistance to remove or reduce PFAS or other contaminants.
• Allocates $15.0 million be used for contaminated site remediation in Muskegon County (Sappi site); for
PFAS remediation activities
Housing
Housing and Community Development Fund: Affordable Housing ($50 Million, ARP)
• Allocates $SO.OM in funding be deposited into the HCDF and be allocated to MSHDA to expand affordable
housing for individuals disproportionately impacted by the COVID-19 pandemic.
Housing and Community Development Fund: Middle Housing Gap Program ($50 Million, ARP)
• Allocates $50.0 million to the HCDF to be used by MSHDA to create a Missing Middle Housing Gap
program to increase the housing supply for households with incomes between 185% and 300% of the
federal poverty level by helping defray the costs to nonprofit developers for investing in, constructing, or
rehabilitating properties
o requires that at least 30% of awards be allocated to projects in rural communities
o requires that no more than 15% be allocated for projects in any single city, village, or township
Residential Clean Energy Improvements ($50 Million, ARP)
• Allocates $50.0 million to MSHDA to incentivize energy efficiency and health improvements for single or
multi-family properties and to provide energy assistance
o Authorizes properties to be owner-occupied or rental properties
o $10.0 million for rehabilitation of certain structural or mechanical repairs for both existing owner-
occupied and rental properties
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o $20.0 million for activities that stabilize and enhance neighborhoods by nonprofits 501(c}3
agencies and local governments
Broadband
Capital Projects Fund - Michigan Statewide Broadband Service Grant Program ($250 Million, ARP)
• Allocates $250.0 million in funding to be used to provide competitive broadband infrastructure grants for
the provision of broadband service in unserved areas
o requires grant awardees to submit semiannual reports
o requires that up to 5% of funding be used to operate the Ml High-Speed Internet Office (MIHI)
Parks and Recreation
Local Parks Recreation and Trail Infrastructure Grants ($200 Million, ARP)
• Allocates $65.0 million to be used for a local parks and recreation grant program
• Allocates $60.0 million to be used for a recreational greenway in Detroit
• Allocates $55.0 million to be used for a recreational greenway in Grand Rapids
• Allocates $20.0 million to be used for the Northern Michigan Tourism and Sports Fund for facilities,
sports-related tourism, and recreation in northern Michigan
State Parks and Trail Infrastructure ($250 Million, ARP)
I
o Allocates $250 million to DNR to develop, improve, repair, and maintain state parks, state
recreation areas, and state-designated trails.
Roads, Bridges, Transit and Mobility
Road and Bridge Programs ($316.7 Million, IIJA Revenue Increase)
• Appropriates $316.7 million in federal funds for the following:
I
o $237.5 million for state trunkline road and bridge capital construction programs
o $79 .2 million for local federal-aid road construction programs
o The allocation between state trunkline and local road programs is in accordance with provisions
of Public Act 51 of 1951.
Public Transportation Programs ($66.2 Million,,dlJA ~evenue l1ncre,ase)
• Appropriates $66.2 million in federal funds for the following :
o $41.0 million for transit capital
o $9 .8 million for rural area formula (nonurban operating/capital) grants
o $7.7 million for service initiatives
o $3.2 million for specialized services
o $1.6 million for intercity bus services
o $2.7 million for marine passenger program
o $227,900 for MOOT transit program administration
Michigan Infrastructure Office ($5 Million, ARP)
• Appropriates $5 .0 million federal Coronavirus State Fiscal Recovery Fund to establish an office that will
coordinate efforts across state department agencies and other federal and local partners to help ensure
federal funding provided from the Infrastructure Investment and Jobs Act is used effectively and
efficiently.
Mobility Futures Initiative ($25 Million, General Fund)
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• Allocates $25 .0 million to the Office of Future Mobility and Electrification in LEO to coordinate
investments in the mobility sphere and requires funding to be allocated as follows:
o $15.0 million for transition and growing the state's mobility workforce and industry
o $7 .0 million for safer, greener, and more accessible mobility services, which may include grant
and pilot programs
o $3 .0 million to develop and commercialize mobility technologies through a new network of
mobility innovation hubs
Police Accountability+ Reform - SB 473-484
• Bipartisan package (Sens. Roger Victory, Stephanie Chang). Broad areas such as banning "no-knock" warrants
and chokehold, ongoing implicit bias, behavioral health and de-escalating training led by MCOLES, duty to
inte rvene policies and reporting requirements for officer misconduct that would be kept by MCOLES.
• Many of the reforms proposed in the bills are already implemented across the state but would provide for a
more consistency of standards across agencies statewide .
• The legislation has remained in Senate committee since May 2021.
o SB 473: Requires MCOLES to establish a policy for the inve~tigation of officer-involved deaths to be
distributed to all law enforcement agencies, and for all agencies and MCOLES to make those policies
publicly available. ' 1
o SB 474: Use of force violations would be required in records of officers' separations from
departments, and wol'.lld be maintained by MCOLES
o SB 475 : Allows for MCOLES to revoke a law enforcement office r's license in the event the individual
utilized excessive force that resulted in the death or se rious bodily harm of another individual. Also
prohibits the license from being reissued .
o SB 476: Bans the intentional disclosure of a person's identity who filed a misconduct complaint
against an officer.
o SB 477: A police union would be exempt from representing a mem ber who is facing disciplinary
action if the union determined that the grievance does not hold merit.
o SB 478: Bans th 'r use of chokeholds except in cases where it may save a life.
o SB 479: Bans "no-knock" warrants, except in certain circumstances, and updates the definition of
"knock and enter" warrants.
o SB
---
480: Establishes an affirmative duty.to
I 111
interv eneI in instances of excessive fo rce by anothe r officer.
ii 1 I
Those who fail to act would be subject to disciplinary action .
o SB 481 : Requires law enfo rcement agencies to develop a use of force policy that meets certain
requirements. 1
o SB 482 : Implicit bias training, de-escalation t raining, and behavioral health training standards would
be developed by MCOLES.
o SB 483 : Provides for MCOLES to undertake a study on the attraction and retention of law
enforcement officers to discern the main obstacles to recruiting and retaining quality officers.
o SB 484: Adds tampering with or shutting off police body cameras as a form of tampering with
evidence.
State seeking to expand access to LIHTC program
• MSHDA proposing changes to the Low Income Housing Tax Credit program to increase access to the funding
tool to communities beyond downtowns and city centers.
• Qualified Action Plans that determine how the credits are awarded are typically amended every two yea rs.
• Draft changes to the 2022-23 QAP are expected to be approved in June.
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• The plan for the QAP is to focus solely on the production of new housing units rather than a prior split focus
on funding the production of new housing units AND the restoration of existing units.
• The QAP has used a "walk score" metric to award LIHTC, which considers densely populated areas throughout
the state, generally downtowns. The QAP would now rely less on walk score and more on proposed
developments' proximity to critical amenities such as grocery stores or doctors' offices.
FY23 State Budget Issues
• The Governor's budget recommendation list for FY23 includes a $2.3 billion recruitment and retention effort
for school employees, $500 million to ramp up economic incentives and special one-time "hero pay" benefits.
• $74.1B Exec Rec plan for FY23 - largest in state history. It's a 34.5% jump from five years ago when the budget
was $55B . In the lean years between FY '06 and FY '13, the state budget was in the $40B range .
• Quick items of note regarding the budget include:
- $1.1 billion more for roads. Of thi~, $578 million is from the President Biden federal infrastructure program and
$481 million is coming from state funds, including the General Fund. Of this money, $279 .9 million is in specific
one-time General Fund investments.
I
- $5 million for a new lnfrastructJre Office to coordinate all the federal money coming into the door and making
sure the different levels of government are on the same page.
- $1© million to convert the 7,000-vehicle state fleet conversion to electrical vehicles
- $243.3 million to expand dental care coverage for more than 3 million Medicaid enrollees
- $251.7 million for water infrastructure projects
I
Funding The Strategic Outreach And Attraction Reserve (SOAR) Fund
After scoring a $7B investment from Gene ral Mptor~, »'hic~,wi1II eve171tual ly be connected to Michigan's debut
usage of the SOAR Fund, the Governor is proposing to equip the fund with an extra $500 million .
The incentive package was signed at the end of 2021,•and made with a $1 billion appropriation to create a Critical
Industry Fund and the Michigan Strategic Site Readiness Fund (MSSRF), aiming to entice billions in private
investments and jobs for the state.
Revenue Sharing
Executive Recommendation -
• 5% one-time and 5% on-going increase in state spending to revenue sharing for local governments
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EGLE - SB 840/HB 5782
Item Governor Senate House
IIJA $ for Wate r SRF $214M of IIJA $0 $214M of IIJA
Lead line replacement $48M $0 $0
High water infra grants $34.3M $0 $0
IIJA $ fo r Energy Efficiency Grants-for locals $23M $0 $23M
Wetland Mitigation Grants $0 $10M $0
DNR - SB 839/HB 5789
Item Governor Senate House
Local Boating Infra Ma int/Im prov - cap outlay grants $300K $300K $300K
MDOT-SB 841/HB 5791
Item Governor Senate House
MTF increase for C/V - $31.3M increase to $684M $31.3M $31.3M $31.3M
Local Fed Aid Road/Bridge Construction - addtl' fed $15.2M $15 .2M $15 .2M
TEDF increases $4.3M $4.3M $4.3M
Maritime & Port Facility Improvement Office - new $0 $100 $0
EV Study- boilerplate - Senate, impact on rev from - New -
integration of EV on state roads: ! •,
'
One-time GF to local road agen cies - (C/V $268.SM) $0 $7.SOM I $0 \
,\
General Government - SB 831/HB 5783
Item Governor Senate \ House
DTMB - Ml Infra Ofc-to coordinate$ from IIJA $SM $0 ! $0
Treasury- Local Transition Support Grants - $ to $40M $0 r $0
locals where large employers departed or divested I
Treasury- blight elimination grants $0 $20M J $0
r I
Treasury- EV Rebate program - EV rebates & $ for $10M ' $0 $0
at-home charging equipment
Treasury- Statutory Rev S~aring - 10% inc (5% $26.6M $26.6M 2% - (1% ongoing,
ongoing, 5% one-time) 1% one-time)
Treasury- FF/EMS signing bonus to relocatE? tq 'Ml $0 ' i ' \ \ l $0 $SM
Treasury- FF/EMS explorer & job shadpw progra rr'i 1·'
I ljl
I 'so ' $0 $SM
Treasury- FF/EMS quarantine reimbursement $0 $0 $10M
(3/18/20-9/30/21) I
Treasury- FF/EMS recruitment marketing $0 $0 $2M
Treasury- FF/EMS retention bonuses $0 $0 $SM
Treasury- Fire Gear Initiative - comp grant, equip $0 $0 $10M
Treasury- Rec Marihuana Grants - inc of $20.6M $20.6M $20.6M $20.6M
Labor- Pure Ml - increase $SM - $10M
House municipal pension proposal -
House Bil l 5054 would create a grant program and the opportunity for local units of government to access direct
resources to address municipal pension debt. $1 .lSB in state GF resources would be utilized to provide direct
assistance to municipalities to help pay down municipal pension debt. There would be two parts to the grant
program; $900M would be utilized to get all pensions that are less than 60% funded up to 60% funded, and
14
$250M will be provided to pensions that are 60% funded or greater. The intent is to create more stability in the
system.
As a condition of accepting the grant, a recipient will be required to do the following.
For pensions funded at 60% or greater:
• Retiree healthcare, if offered, shall be prefunded
• The local unit will make in full all actuarially determined contributions.
• The discounted rate and the assumed rate of return for the qualified retirement system shall be capped at
current levels. The discounted rate and assumed rate of return may be approved for adjustment to a
lower level.
• The qualified retirement system shall adopt the most recent mortality tables recommended by the
Society of Actuaries.
• Grant recipients are still required to follow their PA 202 Corrective Action Plan measures for 5+ years
• Corrective Action Plan monitoring from the state's Municipal Stability Board will continue for 5 years
• Grant recipients must utilize the uniform standards published by the Treasurer annually under PA 202
• In the event a local unit does not pay the locally amortized contribution, or any actuarially determined
contributions are not made by the local unit, a revenue sharing intercept by the Department of Treasury is
allowed.
• Grants are capped at 5% of the funds available ($250M)
For those that are under 60% funded:
• The local unit will make in full all actuarially determined contributions. The discounted rate and the
assumed rate of return for the qualified retirement system shall be capped at current levels. The
discounted rate and assumed rate of return may be approved for adjustment to a lower level.
• The qualified retirement system shall adopt the most recent mortality tables recommended by the
Society of Actuaries.
• Prohibition on contractual pension benefit enhancements for 10 years after accepting the grant or the
local unit must repay the full value of the grant. After 10 years no benefit increases will be acceptable
unless a community is at least 80% funded and then the value of any increase must be funded at 100%, or
the local unit must repay the full value of the grant.
• Grant recipients are still required to follow their PA 202 Corrective Action Plan measures for 5 additional
years
• Corrective Action Plan monitoring from the state's Municipal Stability Board will continue for 5 years
• Grant recipients must utilize the uniform standards published by the Treasurer annually under PA 202
• In the event a local unit does not pay the locally amortized contribution, or any actuarially determined
contributions are not made by the local unit, a revenue sharing intercept by Treasury is allowed.
• Grants are capped at $100M
Changes to House Bill 5054 include:
• Further defines that the most recent mortality tables may also be adjusted based on experience studies as
well.
• Require retirement systems to comply with Uniform Actuarial Assumptions within 5 years of receiving the
grant funds rather than immediately.
• Clarifies that benefit enhancements must be 100% pre-funded and that increases to wages and salaries
are not considered a benefit enhancement. The update also removes the 10-year cap to benefit
enhancements.
• Clarifies that the grant funds available to pension systems above 60% funded can use the grant funds for
pre-funding retiree health care benefits.
15
• Clarified how any excess grants funds can be distributed to pension system below 60% funded. If by
August 31st there are still funds remaining, then the cap to an individual local unit does not apply when
funds are redistributed.
HB 5054- passed the House 3/1/22, no further action has taken place.
Local road agency project savings legislation
• SB 465 was recently signed now permitting local road agencies to participate in a federal aid swap with the
Michigan Department ofTransportation (MDOT) as an outlet for minimizing road repair costs.
• A rural county may have only one federal aid project every few years and is less likely to be staffed or
experienced in federal aid projects, and may struggle with the detail wo rk required to execute it.
• MDOT estimated that meeting federal standards, like bidding requirements and reports, local road agencies
experience an expense increase of between 20% to 30%. Meanwhile, MDOT calculated an increase of only
10% to 15% in its cost to fulfill federal mandates. This is because MDOT has an operation that is more suited
to handle the administrative federal requirements than smaller municipalities, since the state department
already receives 75% of those funds.
• Allowing local agencies to swap federal funds for state dollars and avoid the burdensome requirements that
come with the federal dollars could help local communities save substantially on their costs and more
effectively use their resources to improve local roads.
I
• The Senate Fiscal Agency (SFA) projected that the reform could result in local governments saving up to 30%
annually due to reduced compliance and overhead costs.
• MDOT intends to release guidance to local units in June; and in each subsequent November for the next Fiscal
Year.
• City staff may wait until FY24 to participate and use a Federal Aid buyback at that time.
HB 5522 - FY22 $368M For Out-of-State Officer Recruitment
• HB 5522 passed the House in December 2021 to address a public safety officer shortage in Michigan by
attracting out-of-state officers with money tQ be put into their health1c,are savings account, vesting their
1
contribution plan from another emplOye r, and r,e,imbur~ing theni 'fo r hunting and fishing licenses and
recreation passports.
• $250M in funding would be dedicated to local law enforcement agencies and corrections officers.
o $57.5 million would be used for "Move to Michigan" incentives to grow the pool of candidates.
• If an out-of-state officer has a defined contribution plan with the officer's out-of-state employer, and the
office r is not fully vested in that plan, the incentive would pay an amount equal to the amount of employer
contributions the out-of-state officer will forfeit by relocating to Michigan.
Highlights of the program include :
- $40M for assistance to police academy cadet scholarships.
- $10M for officer signing bonuses and $10M for officer retention bonuses, to offer up to $5,000 .
- $25M for communication towers and other communication equipment.
- $10M for riot gear and body armor purchases.
- $10M to support costs for hiring school resou rce officers.
- $10M for creating or expanding job shadowing programs for local law enfo rcement.
16
- $10M to reimburse local officers for leave time they were required to use to quarantine because of exposure or
possible exposure to COVID-19.
- $2.SM to add to or establish K-9 units for local law enforcement agencies .
Opioid Settlement
• The settlement involves three of the nation's largest pharmaceutical distributors - Cardinal,
McKesson, and AmerisourceBergen - and opioid manufacturer Johnson & Johnson. The
companies will start releasing funds to a national administrator on April 2, 2022. Money will be
allocated to state and local governments in the second or third quarter of 2022.
• The state will see around $825 million as a result of the settlement; half earmarked for local
units. The intent of the funds is to split them 50/50 with the municipalities that apply to
participate. The monies can only be used for the prevention of treatment of opioid addiction.
• City expects to receive approximately $1.4M.
FEDERAL
Infrastructure Investment and J9bs Act (IIJA)- Grant Opportunities
• Staff continues to monitor and review grant announcements to determine which ones would be
appropriate to pursue thr6ughout the course of 2022 and beyond.
National League of Cities ARP Grant Navigator Program
• Staff has begun a dialogue with NLC staff on available grant opportunities.
FY22 Congressional Directed Spending (2021)
• Great Lakes Community Wharf-
o Federal funds were inserted in the federal budget for the U.S. Army Corps of Engineers to begin the
process of evaluating whether to fund a Feasibility Study to potentially perform dredging activities in
the Third Street channel. USACE received these funds as part of a "Sec. 107 Small Navigation Harbor
Improvement Program" . The,first step in evaluating if a Feasibility Study should be conducted is for
j I l'
the USACE to perform a Federal Interest Determinati0r\ (FID) .
S3011 / HR5735
Gives local gov greater flexibility and clarity on eligible uses including disaster recovery expenses and certain infra
investments; allow state and locals to - allocate up to $10M of ARPA funds for the provision of gov services
without using Treasury's rev loss calculator/ allow the greater of $10M or 30% of the city's total ARPA allocation
to be used for infra-related activities under a separate infra provision authorized under fed surface trans law or
Title 1 of Housing and Comm Dev Act/ allow ARPA funding to be used to provide em erg relief from nat disasters
or neg econ impacts of natural disasters, including temp emerg housing, food assistance for lost wages or other
immediate needs
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American Jobs Plan (Infrastructure) IIJA - $1.2T
• Safe Streets for All ($GB, new) - This program will provide funding directly to local and tribal governments to
support their efforts to advance "vision zero" plans and other improvements to reduce crashes and fatalities,
especially for cyclists and pedestrians.
• Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grants ($15B, expanded) - RAISE
grants support surface transportation projects of local and/or regional significance.
• Infrastructure for Rebuilding America (INFRA) Grants ($14B, expanded)- INFRA grants will offer needed aid
to freight infrastructure by providing funding to state and local government for projects of regional or
national significance . The bill also raises the cap on multimodal projects to 30% of program funds.
• Federal Transit Administration (FTA) Low and No Emission Bus Programs ($5.GB,expanded) - the bill
expands this competitive program which provides funding to state and local governmental authorities for the
purchase or lease of zero-emission and low-emission transit buses as well as acquisition, construction, and
leasing of required supporting facilities.
• FTA Buses+ Bus Facilities Competitive Program ($2.0B, expanded) - This program provides competitive
funding to states and direct recipients to replace, rehabilitate, and purchase buses and related equipment and
to construct bus-related facilities including technological changes or innovations to modify low or no emission
vehicles or facilities.
• Capital Investment Grants (CIG) Program ($23B, expanded) - The bill guarantees $8 billion, and authorizes
$15 billion more in future appropriations, to invest in new high capacity transit projects communities choose
to build. 1
I
• MEGA Projects ($15B, new) - This new National Infrastructure Project Assistance grant program will support
multi-modal, multi-jurisdictional projects of national or regional significance.
• Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT)
Program ($8.7B, new) - PROTECT will provide $7.3 billion in formula funding to states and $1.4 billion in
competitive grants to eligible entities to increase the resilience of our transportation system. This includes
funding for evacuation routes, coastal resilience, making existing infrastructure more resilient, or efforts to
move infrastructure to nearby locations not continuously impacted by extrefe weather and natural disasters.
• Port Infrastructure Development Program ($2.25B, expanded) - the bill will increase investment in America's
coastal ports and inland waterways, helping to improve the supply chain and enhancing the resilience of our
shipping industry. The bill overall doubles the level of investment in port infrastructure and waterways,
helping strengthen our supply chain and reduce pollution.
• Federal Highway Administration (FHWA) competitive grants for nationally significant bridges and other
)// \ l
bridges ($12.SB, new) - This new competitive gr~nt pn0grqm will' assist state, local, federal, and tribal entities
in rehabilitating or replacing bridges; including culverts. Large projects and bundling of smaller bridge projects
will be eligible for funding.
• Charging and fueling infrastructure discretionary grants (Up to $2.SB, new)- This discretionary grant
program will provide up to $2.5 billion in funding to provide convenient charging where people live, work, and
shop.
• Reconnecting Communities Pilot Program ($1B, new)-This new competitive program will provide dedicated
funding to state, local, MPO, and tribal governments for planning, design, demolition, and reconstruction of
street grids, parks, or other infrastructure.
• Strengthening Mobility and Revolutionizing Transportation (SMART) Grant Program ($1B, new) - The
SMART Grant program will be a programmed competition that will deliver competitive grants to states, local
governments, and tribes for projects that improve transportation safety and efficiency.
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The Infrastructure Investment and Jobs Act (HR 3684) totals $1.2 trillion, with $550 billion being new spending
targeted at:
$110 billion for roads and bridges. In addition to construction and repair, the funding also helps pay for
transportation research at universities and "congestion relief' in American cities.
$66 billion for railroads . Funding includes upgrades and maintenance of America's passenge r rail system and
freight rail safety, but nothing for high-speed rail.
$65 billion for the power grid . The bill would fund updates to power lines and cables, as well as provide money to
prevent hacking of the power grid. Clean energy funding is also included.
$65 billion for broadband. Includes funding to expand broadband in rural areas and in low-income communities.
Approximately $14 billion of the total would help reduce Internet bills for low-income citizens.
$55 billion for water infrastructure. This funding includes $15 billion for lead pipe replacement, $10 billion for
chemical cleanup, and money to provide clean drinking water in tribal communities.
$47 billion for cybersecurity and climate change . The Resilience Fund will protect infrastructure from
cybersecurity attacks and address flooding, wildfires, coastal erosion, and droughts along with other extreme
weather events.
$39 billion for public transit. Funding provides for upgrades to public transit systems nationwide. The allocation
also includes money to create new bus routes and help make public transit more accessible to seniors and
disabled Americans.
$21 billion for the environment. Used to clean up superfund and brownfield sites, abandoned mines, and old oil
and gas wells. 1 1
$17 billion for ports. Half of the funds in this category would go to the ACE for port infrastructure. Additional
funds would go to the Coast Guard, ferry terminals, and reduction of truck emissions at ports.
$11 billion for safety. Address hwy, ped, pipeline, and other safety areas with hwy safety getting bulk of funding .
$7.5 bill for electric vehicle charging stations. The Biden administration asked for this funding to build
significantly more charging stations for electric vehicles across the nation.
American Family Plan - Build Back Better - $1.ST
• The proposal - the second phase of his plan to overhaul the U.S. economy - calls for $1.8 trillion in spiending
and tax credits for American families and workers over 10 years. The latest proposal aims to boost labor force
participation and strengthen the economy by supporting children and families.
• Michigan Fact Sheet ,, ' , , , 1 ' ·'
·• 1· ,·r,, 1 u1 , , , , '
• 11/19/21- House passed
Framework for the Build Back Better Act -
• The framewo rk will save most American families more than half of their spending on child care, deliver two
years of free preschool for every 3- and 4-year-old in America, give more than 35 million families a major tax
cut by extending the expanded Child Tax Credit, and expand access to high-quality home care for older
Americans and people with disabilities.
• The largest effort to combat climate change in American history. The framework will cut greenhouse gas
pollution by well over one gigaton in 2030, reduce consumer energy costs, give our kids cleaner air and water,
create hundreds of thousands of high-quality jobs, and advance environmental justice by investing in a 21st
century clean energy economy- from buildings, transportation, industry, electricity, and agricultu re to
climate smart practices across our lands and waters.
19
• The most significant effort to bring down costs and strengthen the middle class in generations. The
framework will make the single largest and most comprehensive investment in affordable housing in history,
expand access to affordable, high-quality education beyond high school, cut taxes for 17 million low-wage
workers by extending the expanded EITC, and advance equity through investments in maternal health,
community violence interventions, and nutrition, in addition to better preparing the nation for future
pandemics and supply chain disruptions.
And, it is fully paid for and will reduce the deficit by making sure that large, profitable corporations can't zero out
their tax bills, no longer rewarding corporations that shift jobs and profits overseas, asking more from millionaires
and billionaires, and stopping rich Americans from cheating on their tax bills. Under this historic agreement,
nobody earning less than $400,000 per year will pay a penny more in taxes.
Specifically, the Build Back Better framework will:
• Ensure clean energy technology- from wind turbine blades to solar panels to electric cars - Will be built in the
United States with American made steel and other materials, creating hundreds of thousands of good jobs
here at home. The Build Back Better legislation will target incentives to grow domestic supply chains in solar,
wind, and other critical industries in communities on the frontlines of the energy transition. In addition, the
framework will boost the comp'etitiveness of existing industries, like steel, cement, and aluminum, through
grants, loans, tax credits, and procurement to drive capital investment in the decarbonization and
' I
revitalization of American manufacturing. 1
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• Advance environmental justice through a new Clean Energy and Sustainability' Accelerator that will invest in
projects around the country, while delivering 40% of the benefits of investment to disadvantaged
communities, as part of the President's Justice40 initiative. The framework will also fund port electrification;
facilitate the deployment of cleaner transit, buses, and trucks; and support critical community capacity
building, including grants to environmental justice communities . In addition, the framework will create a new
Civilian Climate Corps -with over 300,000 members that look like America.
• Bolster resilience and natural solutions to climate change through a historic investment in coastal restoration,
forest management, and soil conservation.
1
Build Back Better framework includes targeted investments
'I I I"I I!
that
I l•'1
will ,redu ce costs that hold back middle-class
I
families and grow our economy from the bottom up and the middle out. Specifically, the framework will:
• Make the single largest and most comprehensive investment in affordable housing in history; enable the
construction, rehabilitation, and improvement of more than lM affordable homes, boosting housing supply
and reducing price pressures for renters and homeowners.
• Address the capital needs of the public housing stock in big cities and rural communities all across America
and ensure it is not only safe and habitable but healthier and more energy efficient as well.
• Historic investment in rental assistance, expanding vouchers to hundreds of thousands of additional families.
And, it includes one of the largest investments in down payment assistance in history.
• Will create more equitable communities, through investing in community-led redevelopments projects in
historically under-resourced neighborhoods and removing lead paint from hundreds of thousands of homes,
as well as by incentivizing state and local zoning reforms that enable more families to reside in higher
opportunity neighborhoods.
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Investments $ billion
Child Care and Preschool 400
Home Care 150
Child Tax & Earned Income Tax Credits 200
Clean Energy and Climate Investments 555
ACA Credits, Including in Uncovered States 130
Medicare Hearing 35
Housing 150
Higher Ed and Workforce 40
Equity & Other Investments 90
Total 1750
Immigration 100
Offsets - Estimates, Subject to Confirmation $ billion
15% Corporate Minimum Tax on Large Corporations 325
Stock Buybacks Tax 125
Corporate International Reform to Stop Rewarding Companies
that Ship Jobs and Profits Overseas 350
AGI Surcharge on the Top 0.02% 230
Close Medicare Tax Loophole for Wealthy 250
Limit Business Losses for the Wealthy 170
IRS Investments to Close the Tax Gap 400
Prescription Drugs: Repeal Rebate Rule 145
Up to a Total of: 1995
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Climate Emergency Declaration
Commissioners: I (Mayor Johnson) asked for this item to be placed on our Legislative Policy Committee
agenda for our 11/30/2022 meeting, so that we have an opportunity to hear from Montague City
Manager Jeff Auch on his city's experiences with adopting a resolution endorsing the declaration of a
climate emergency and with developing and implementing a Climate Mobilization Action Plan (MAP).
With insights from their process, challenges, and successes, I'd like our City Commission to discuss
adopting our own resolution declaring a climate emergency, while tasking ourselves to engage residents
and other stakeholders in the development and implementation of a Climate MAP.
To help the Commission in its consideration on how to proceed, I've attached several resources.
1) Resolution Endorsing the Declaration of a Climate Emergency- Climate Mobilization Project
template
2) City of Montague's Climate Emergency Resolution 12-21-2020
3) Letter from Jeff Auch on Climate Emergency 1-14-2021 (sent to then Mayor Gawron and other
mayors, supervisors, and chairpersons)
One other resource I'm sharing is a document with the City's responses to the West Michigan
Environmental Action Council's Climate Change Questionnaire from earlier this year. The City's answers
were formulated by LeighAnn Mikesell, Leo Evans, and myself. This Q&A document has insights into
some ways that climate change has impacted our community, as well as some of the environmentally
beneficial initiatives undertaken by the City in recent years.
At our next LPC meeting, I'm looking for the Commission to discuss and hopefully develop consensus on
how to move forward with any potential climate emergency declaration and corresponding Climate
MAP. At this meeting, I do not expect any formal actions or votes to be taken. If there's sufficient
support to proceed, the Commission would refine a resolution at a future work session for adoption at a
general session. Thereafter, we would work with city staff, residents, and other community stakeholders
on development of a Climate MAP.
Review of City regulations on the keeping of chickens in residential areas
Commissioner St. Clair, Commissioner Emory, and I (Mayor Johnson) are interested in the Commission
considering modifying City regulations to allow residents to own and house multiple hens. Per Chapter 6
-Animals, Section 17 - Livestock & Poultry of the City Code of Ordinances, "No live poultry shall be kept
in the city except that one pet may be kept in a pen or confinement which is at least 25 feet from any
dwelling." With an eye toward supporting food sovereignty among our residents, the City Commission
may wish to modify City regulations to enable residents to have multiple hens, within reasonable
parameters. This agenda item is primarily for discussion and determining whether and how to proceed
on amending City ordinance. For context, please see City of Montague and City of Norton Shores
ordinances pertaining to fowls/ chickens.
City of Montague
ARTICLE IV. FOWL
Sec. 14-101. Definitions.
Sec. 14-102. General Regulations.
Sec. 14-103. Coop/ Enclosure Requirements.
Sec. 14-104. Non-domesticated Fowl.
Sec. 14-101. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Coop means an accessory building for the purpose of sheltering fowl which shall meet the City of
Montague's Zoning Ordinances for accessory buildings; including but not limited to location and
setbacks. If more stringent conditions are established within Section 14-103, then those conditions shall
prevail.
Fowl means a domesticated bird belonging to one of two biological orders Galliformes (gamefowl) and
Anseriformes (waterfowl) raised and kept for the specific purpose of raising eggs or as a pet; including
chickens and ducks. Fowl shall not mean non-domesticated Galliformes such as turkey, nor
Anseriformes such as wild duck, geese, and swans.
Sec. 14-102. General Regulations.
Fowl shall only be allowed within R-lA and R-18 single family residential parcel, and are only permitted
in connection with, incidental to, and on the same lot with a principal building that is the person's
principle residence as a single-family dwelling; if the following conditions are met:
1. No chickens at multi-family residential units, and no person shall keep a rooster,
regardless of zoning district.
2. The maximum number of fowl allowed on any parcel in a single family residential parcel
shall not exceed the numbers contained in the chart below:
Parcel Size Maximum Number: Chickens (Ducks)*
Parcel less than 15,000 square feet 4 chickens (or 2 ducks)
Parcel equal to or greater than 15,000 square feet 8 chickens (or 4 ducks)
*Fowl less than six (6) months of age do not count against total count limitations.
3. All fowl shall be provided adequate food, water, and shelter (coop/ enclosure), as well
as outdoor space, to meet basic animal health and welfare needs and guidelines
established herein. Adequate food and water shall be defined as continuous access.
4. All fowl shall be kept at all times in covered enclosure, fenced and secured outdoor
area, or within the property boundaries of the property.
5. Any person who keeps fowl shall register with the City, every three years, and pay
applicable permit fee as set by the City Council. Upon approval of registration, City shall
issue a permit and have the right to inspect the property, during the permit period, to
ensure compliance with this Article.
6. Notwithstanding the issuance of a permit by the City, private restrictions on the use of
property shall remain enforceable and take precedence over a permit. Private
restrictions include but are not limited to deed restrictions, condominium master deed
restrictions, neighborhood association by-laws, and covenant deeds. A permit issued to
a person whose property is subject to private restrictions that prohibit the keeping of
chickens is void. The interpretation and enforcement of the private restriction is the
sole responsibility of the private parties involved.
Sec. 14-103. Coop/ Enclosure Requirements.
All fowl shall be provided with a covered enclosure and must be kept in the covered enclosure, the
adjoining fenced enclosure, or within the property boundary of the owner at all times, and with the
following standards:
1. All coops /covered enclosures, and associated fencing, shall be located at least 10 feet
from the property line and at least 25 feet from a dwelling on a neighboring property,
and otherwise shall meet the zoning requirements for accessory buildings.
2. All fenced outdoor enclosures shall be secure and provide a minimum of ten (10) square
feet of fenced enclosure space per fowl. Electrical fences are prohibited.
3. All coops/ covered enclosures shall provide:
1. a minimum of two (2) square feet of floor space per individual fowl;
2. a minimum of one (1) nesting box for each three (3) fowl;
3. a minimum roosting bar length of eight (8) inches per fowl;
4. continuous ventilation; and
5. a source of natural and artificial light to allow fowl to find food and
water, and permit for daily inspection.
4. All coops and enclosures for keeping fowl shall be so constructed and maintained as to
prevent rats, mice, or other rodents, from being harbored underneath, within, or within
the walls of the enclosure. The enclosure shall be kept clean with no accumulation of
feces or odor.
5. All feed and other items associated with the keeping of fowl shall be kept within the
enclosure, another accessory structure, or within the primary structure on the property.
6. All coops and appurtenant parts thereof shall be maintained in good repair (as defined
in the City's Property Maintenance Code).
7. Once the keeping of chickens ceases on a parcel all associated fencing, chicken wire, and
/ or poultry netting must be removed within thirty {30) days.
Sec. 14-104. Non-domesticated Fowl.
No person shall intentionally feed, cause to be fed, provide for, or make available food or other
substances for the consumption by non-domesticated fowl within the City, either on private or public
property; including but not limited to public parks, beaches, or natural areas.
City of Norton Shores
AN ORDINANCE TO AMEND SUBSECTION 6-52 OF CHAPTER 6
ARTICLE Ill OF THE CODE OF ORDINANCES PERTAINING TO CHICKENS
Ordinance No. 782
THE CITY OF NORTON SHORES HEREBY ORDAINS:
Section 1: That Chapter 6, Article Ill, "Livestock" Subsection 6-52 is hereby amended to add
the following:
(e) A maximum of four (4) chickens may be kept on a residential parcel of land, if the parcel contains at
least 12,000 square feet, with the following conditions:
1. The parcel must be located in a zoned district which lists single family residential as a principal or
special use.
2. Chickens shall be provided with a covered and fenced enclosure in the rear yard only. The chickens
must be kept in the enclosure and an adjoining fenced enclosure at all times. All covered and fenced
enclosures shall be no closer than five (5) feet to any lot line, six (6) feet from the principal structure,
and 25 feet from any dwelling on an adjacent lot.
3. A structure to house the chickens will be included as one (1) of the two (2) detached accessory
buildings permitted on the property by the Zoning Ordinance. Said structure may not exceed 200 square
feet and shall be a maximum of 8 feet in height.
4. All feed and other items associated with the keeping of chickens shall be secured and protected in
sealed containers. Chickens shall be kept in compliance with all applicable Generally Accepted
Agricultural and Management Practices as established by the State of Michigan.
5. A building permit is required for the erection of the fence/and or the structure enclosing the chickens.
6. Roosters are prohibited except in areas zoned for farm animals.
Section 2: Severability. Should any part of this ordinance be held invalid by a Court of
Competent Jurisdiction, the remaining parts shall be severable and shall continue in full force and effect.
Section 3. Ordinance Repeal. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This ordinance shall be effective upon adoption and publication.
Lynne Fuller, Clerk
Introduced: August 1, 2016
Adopted: August 16, 2016
Published: August 24, 2016
RESOLUTION DECLARING A CLIMATE EMERGENCY AND RESTORATION OF A SAFE
CLIMATE TO CREATE AN ECOLOGICALLY, SOCIALLY, AND ECONOMICALLY
RESPONSIBLE COMMUNITY
WHEREAS, the City of Montague shall provide for the public peace, heath, safety, and welfare of persons and property in
the City, and seeks to lead efforts in our community to create an ecologically, socially, and economically responsible
community; and
WHEREAS, in April 2016 world leaders recognized the urgent need to combat climate change by signing the Paris
Agreement, agreeing to engage in efforts to limit the global temperature increase to 2.7°F (l .S°C) and no more than 3.6°F
(2°C) above pre-industrial levels; and
WHEREAS, the current average global temperature has already increased by l .8°F ( I °C) which is impacting the welfare of
people and communities throughout the world by increasing extreme weather events such as wildfires, floods, rising seas,
droughts, and hurricanes; and
WHEREAS, the increase in, and intensity of, extreme weather events cause the loss of homes and property,jeopardize
livelihoods, damage crops, impact travel and supply corridors, increase soil erosion and vegetation loss, decrease access to
water, and damage public infrastructure; and
WHEREAS, the Great Lakes region is already experiencing an increase in annual temperatures, precipitation and flooding;
and
WHEREAS, climate change is impacting humans as well as stressing the integrity of the ecological community by causing
the extinction of species, loss of habitat, decreased water quality, and increases in detrimental organisms such as the Lyme
disease bacterium; and
WHEREAS, restoring a safe and stable climate begins by tackling issues at the local level to directly benefit our local
community; and
WHEREAS, the City's local actions will positively impact the quality of life for populations around the globe as well; and
WHEREAS, the ability to limit the global temperature increase to 2.7°F (l.S°C) requires immediate and focused efforts by
the City to facilitate steps necessary to reach zero greenhouse gas emissions across all sectors of the economy, to safely
remove and decrease all excess carbon, and to implement measures to protect people and the ecological community from
climate impacts; and
WHEREAS, the scope of action necessary to stabilize the climate requires public awareness, engagement, and deliberation to
develop effective,just, equitable and compelling programs and policies; and
WHEREAS, the City of Montague recognizes that we have taken initial steps to reduce our ecological footprint and
minimize our climate impact, and we wish to move quickly to further our efforts to address the crisis at hand.
NOW BE IT THEREFORE RESOLVED, the City of Montague declares that a climate and ecological emergency threatens
all of humanity and our natural world; and
- that the City of Montague commits to a citywide effort to eliminate the City's greenhouse gas emissions by 2040, and to
implement additional projects to decrease carbon levels in the atmosphere; and
- that the City Council directs the City Manager and all City Departments, authorities, and commissions to report, within 180
days of adopting this resolution, on greenhouse gas emissions that can feasibly be reduced by 1) the beginning of the next
fiscal year, 2) by the end of 2030, and 3) by the end of 2040. The City Council and City administration will utilize this
information to develop a Climate Mobilization Action Plan (Climate MAP) and integrate objectives within fiscal year
budgets; and
- that the City Council directs the City Manager and Zoning Administrator to report on opportunities within the City's Code
of Ordinance and the City's Master Plan to implement policies and ordinances to address climate change and ecological
impacts, including activities that prioritize decreasing the use of fossil fuel and increasing the use of land in ways that are
adapted to climate change; and
- that the City Council directs the City Manager and City Departments to seek out and report back on opportunities and
funding to implement this resolution, and to include reduction statements in all relevant budgets, actions, and motions; and
- that the City Council directs the City Manager to oversee the City's efforts to coordinate climate and environmental
programs that address such factors as climate adaptation, engagement, and education, plus the development of the Climate
MAP to guide the City's climate emergency response; and
- that the City will engage its residents, visitors and businesses on the climate emergency so their input informs the creation of
the Climate MAP; and
- that the City of Montague calls upon the residents and business within the City, the State of Michigan, the United States
Congress, the President of the United States, and all governments and people worldwide to join us and declare a climate
emergency, initiate a climate mobilization to reverse global warming and the ecological crisis, and provide maximum
protection for all people and species of the world.
I hereby certify that the foregoing is a true and complete copy of the resolution adopted by the City Council
of the City of Montague, County ofMuskegon, Michigan, at a regular meeting held on December 21, 2020.
~!!-J!JL--- m~
City Clerk
Question 1: What climate change impacts are you seeing in your community?
Using data from the MDHHS Environmental Public Health Tracking website, you can see the overall trend
of increasing instances of extreme weather within the county (attached pictures) . Some of the ways we
have seen this directly impact the city of Muskegon are the increased volatility in the levels of Lake
Michigan and Muskegon Lake. Levels of the Lake Michigan - Huron watershed are most directly
controlled by rainfall according to research by the USAGE (US Army Corps of Engineers), with the period
from 2019-2020 setting near record levels corresponding to a record number of significant rainfall events
in the area. The extreme lake levels during that time caused extensive damage to our shoreline and
several private properties along the Muskegon Lake coastline.
Elevated water levels have posed risks to the city's infrastructure and raised costs. Critical water
distribution mains under Beach Street running south of the Water Filtration Plant were jeopardized by
coastal erosion and the threat of the road washing out. While water levels have receded, and the sandy
shoreline further extended with recently dredged sands, the road and underground infrastructure remain
vulnerable to the long-term effects of global climate change. Similarly, Edgewater Street along Muskegon
Lake is vulnerable to rising water levels, having been submerged for an extended period during the
heightened water levels of 2019-2020. With higher lake levels , the City also experienced elevated
groundwater tables and corresponding infiltration of the wastewater system, resulting in non-metered
water being piped to the Muskegon County Wastewater Management System, raising the City's
wastewater treatments costs considerably and dramatically weakening its Sewer Fund , prompting a
higher than scheduled sewer rate increase.
MDHHS Data Website - https://mitracking .state.mi.us/
Number of Extreme Heat Days (Dally Hea t In dex i.lbove 90°F) - Se lec ted yem (s)
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Year(s)
Numb er of Extreme Precipi tati on Days (Gren ier th an 1 Inch) - Selec ted yea r( s)
I >~ 1-! I l >O IH ' 19! " LQII ISJI IMJ \ t,> • I<'} " 1.:-.~ ;,1 ; t.:0.1 :- ' ;,,, • ; ,9 ; , u ; 1,1 ; I' :-)I " : cH
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Year(s)
Question 2: Have you taken steps to mitigate (reduce greenhouse gases) or prepare for climate change
impacts? If so, please describe them.
The city has begun to explore options to electrify our fleet and has partnered with Consumers Energy
through their PowerMIFleet program to start the process of identifying what vehicles have the best
potential for electrification and offer the greatest return on investment. The city has also conducted
energy audits and done extensive work at several of our aging facilities to improve energy efficiencies
and lower costs. Additionally, the City completed extensive work with a third-party enterprise to bring a
solar installation to its Trinity Health Arena, but that project was unable to be completed due tax
implications at the state level that caused the project to lose financial viability.
The City has explored how to reconfigure Edgewater Street in anticipation of heightened water levels
returns , and is actively working on planning, engineering , and funding to secure the water distribution
main running under Beach Street that serves our municipal neighbors - Norton Shores and Fruitport.
Question 3: Does your city/township/village have any plans or policies in place pertaining to climate
change?
Several policies and initiatives have been undertaken that may help slow the rate of climate change or
otherwise mitigate the effects of climate change. For instance, the City's Form Based Code for land use
concentrates urban development in areas where infrastructure to support it exists already, helping to
improve resource efficiency and combat urban sprawl. Meanwhile, the City has focused on energy
efficiency in its facilities and in the homes being built via the City's ARPA-funded home in-fill program.
Also, the City has completed a citywide upgrade of streetlights to LED fixtures . The City has also restored
a curbside recycling program in recent years.
Question 4: If you answered yes to Question 3, what are these plans or policies and where can they be
accessed?
An overarching, unified climate change strategy and action plan have not been codified yet, but such will
be the focus of the City Commission and staff in the coming months.
Question 5: Would your city/township/village be interested in pursuing climate action plans or policies?
Yes. The City Commission will be evaluating a climate emergency declaration at its Legislative Policy
Committee meeting in late-November. The mayor anticipates this will lead to the development and
adoption of a climate action plan .
Question 6: What renewable energy or energy efficiency initiatives have you initiated or implemented?
• LED upgrades at city facilities .
• LED upgrades of streetlights citywide.
• The City was instrumental in the creation of GVSU's Michigan Alternative & Renewable Energy
Center (now known as the Muskegon Innovation Hub at GVSU) .
• Energy audits & utility-related upgrades at city facilities .
• Pursuit of solar energy installations atop city facilities .
• Requirement of higher energy-efficient appliances in housing units built as part of the City's
ARPA-funded home in-fill program.
Question 7: If you answered yes to Question 6, are you interested in pursuing additional renewable
energy or energy efficiency projects in the future?
Absolutely.
Question 8: Is there interest from the board/council/commission in pursuing other climate change and
clean energy initiatives and plans?
Yes, Mayor Johnson is keenly interested in such, and there seems to be general support across the City
Commission.
Question 9: If yes to the above two questions , what information or resources are needed?
The City will be looking to our neighbor to the north - Montague - for how they've progressed on their
climate emergency declaration and policies . The Montague City Manager has been invited to present to
the City Commission his community's climate change-related resolution, policies, and actions, so as to
help inform the City of Muskegon in its own development of policy and action plans.
Additional resources and insights are welcomed from residents, community organization, local
educational institutions, and area businesses. Such could entail pitfalls, problems, successes, best
practices, overcoming of challenges, etc. so that the City of Muskegon can move forward more effectively
and efficiently in its efforts to develop a framework and implement a climate change action plan .
Question 10: Has the city/township/village council or board been asked to consider climate action
plann ing or a climate emergency resolution or has interest been expressed from citizens or groups?
Mayor Johnson requested this matter be brought to a Legislative Policy Committee meeting or a
Commission work session . Presently, the expectation is the Commission will consider a climate change
emergency resolution at a November LPC meeting and corresponding develop a climate action plan for
implementation .
Question 11: There are several local governmental units in our county concerned about the impacts of
climate change on their communities and economies. Are you interested in learning more about what they
are doing?
Yes.
Question 12 : What groups in your area do you think may be interested in educational programs on
cl imate change impacts and solutions? Can you please provide contact information?
n/a
Question 13: Is your board/council or comm ission interested in an educational presentation on climate
change and what local governments can do to reduce greenhouse gas emissions and prepare for
impacts?
Yes. Mayor Johnson has invited Montage City Manager Jeff Auch to present to the Commission .
Additional presentations may be welcomed .
t) CLIMATE
~ MOBILIZATION
PROJECT
RESOLUTION ENDORSING THE DECLARATION OF A CLIMATE EMERGENCY
AND EMERGENCY MOBILIZATION EFFORT TO RESTORE A SAFE CLIMATE
WHEREAS, in April 2016 world leaders recognized the urgent need to combat climate change
by signing the Paris Agreement, agreeing to keep global warming "well below 2°C above pre-
industrial levels" and to "pursue efforts to limit the temperature increase to l .5°C;"
WHEREAS, the death and destruction already wrought by current average global warming of
over 1°C demonstrate that the Earth is already too hot for safety and justice, as attested by
increased and intensifying wildfires, floods, rising seas, diseases, droughts, and extreme weather;
WHEREAS, according to the United Nations' Special Rapporteur on Extreme Poverty, l.5°C of
global waiming could expose 500 million people to water poverty, 36 million people to food
insecurity because of lower crop yields, and 4.5 billion people to heat waves;
WHEREAS, in October 2018, the United Nations released a special report which projected that
limiting warming to even the dangerous l .5°C tai·get this century will require an unprecedented
transformation of every sector of the global economy by 2030;
WHEREAS, the United Nations November 2019 Emissions Gap Report finds that countries
have collectively failed to stop the growth in emissions, meaning that deeper and faster
emissions cuts are now required. In order to stay on track to meeting the Paris Agreement goals,
the UN calls for immediate and aggressive action to achieve carbon by 2030;
WHEREAS, climate change and the global industrialized economy's overshoot of ecological
limits are driving the Sixth Mass Extinction of species, could devastate much of life on Earth for
many millennia, and may pose as great a risk to humanity as climate change, according to the
Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services;
WHEREAS, the United States of America has disproportionately contributed to the climate and
ecological emergencies and thus bears an extraordinary responsibility to rapidly solve these
cnses;
WHEREAS, in July 2019, U.S. Senator Bernie Sanders, Representative Earl Blumenauer, and
Representative Alexandia Ocasio-Cortez introduced a concurrent Congressional resolution to
declare a national climate emergency in the United States, calling for a "national, social,
industrial, and economic mobilization of the resources and labor of the United States at a
massive scale to halt, reverse, mitigate, and prepare for the consequences of the climate
emergency and to restore the climate for future generations;"
WHEREAS, restoring a safe and stable climate requires a Climate Mobilization, an emergency
mobilization on a scale not seen since World War II in order to reach zero greenhouse gas
emissions across all sectors of the economy; to rapidly and safely drawdown and remove all the
excess carbon from the atmosphere at emergency speed and until safe, pre-industrial climate
conditions are restored; and to implement measures to protect all people and species from the
consequences of abrupt climate breakdown;
WHEREAS, such necessary measures to restore a safe climate include:
a) A rapid, just, managed phase-out of fossil fuels;
b) Ending greenhouse gas emissions as quickly as possible to establish a zero-emissions
economy;
c) A rapid transition to a 100% renewable energy system across all economic sectors;
d) A widespread effort to safely drawdown excess carbon from the atmosphere;
e) A full transition to a regenerative agriculture system; and
f) An end to the Sixth Mass Extinction through widespread conservation and restoration of
ecosystems;
WHEREAS, marginalized populations in [CITY/COUNTY] and worldwide, including people of
color, immigrants, Indigenous communities, low-income individuals, people with disabilities,
outdoor laborers, and the unhoused are already disprop01iionately affected by the effects of
climate change, and will continue to bear an excess burden as temperatures increase, and
disasters worsen;
WHEREAS, the term "Just and Equitable Transition" is a framework for a fair shift to an
economy that is ecologically sustainable, equitable and just for all its members; and;
WHEREAS, a Just and Equitable Transition initiatives shift the economy from di1iy energy to
energy democracy, from funding new highways to expanding public transit, from incinerators
and landfills to zero waste products, from industrial food systems to food sovereignty, from car-
dependent sprawl and destructive unbridled growth to urban development without displacement
and from destructive over-development to habitat and ecosystem restoration;
WHEREAS, a Just and Equitable Transition requires that frontline and marginalized
communities, which have historically borne the brunt of the extractive fossil-fuel economy,
participate actively in the planning and implementation of this mobilization eff01i and that they
benefit first from the transition to a climate-safe economy;
WHEI{EAS, fairness demands a guarantee of high-paying, good-quality jobs with
comprehensive benefits for all, and many other tenets of a "Green New Deal" effort as the
mobilization to restore a safe climate is launched;
WHEREAS, the COVID-19 global pandemic has both highlighted and exacerbated existing
health inequalities that have resulted from climate change, such as neighborhoods with poorer air
quality being disproportionately affected by the disease;
WHEREAS, the massive scope and scale of action necessaiy to stabilize the climate and
biosphere will require unprecedented levels of public awareness, engagement, and deliberation to
develop and implement effective, just, and equitable policies to address the climate emergency;
WHEREAS, [CITY/COUNTY] can act as a global leader through initiating an emergency
Climate Mobilization to convert to an ecologically, socially, and economically regenerative local
economy at em~rgency speed, as well as advocating for regional, national, and international
efforts necessaiy to reverse global warming and the ecological crisis;
NOW BE IT THEREFORE RESOLVED, [CITY/COUNTY] declares that a climate and
ecological emergency threatens our city, region, state, nation, civilization, humanity and the
natural world;
BE IT FURTHER RESOLVED, [CITY/COUNTY] commits to a [city/county]wide
mobilization effort to reverse global warming and the ecological crisis, which, with appropriate
financial and regulatory assistance from State and Federal authorities, ends [city/county]wide
greenhouse gas emissions as quickly as possible and no later than 2030 and immediately initiates
an effort to safely draw down carbon from the atmosphere, ensuring a Just and Equitable
Transition for residents and accelerating adaptation and resilience strategies in preparation for
intensifying local climate impacts;
BE IT FURTHER RESOLVED, the [CITY/COUNTY] Council directs [RELEVANT
DEPTS/AGENCY] to identify and pursue strategies and action to transition away from fossil
fuel production, power generation, and use within [CITY/COUNTY] limits, including immediate
changes to building codes, local ordinances, and permitting processes to de-incentivize the
construction of new local fossil fuel infrastructure;
BE IT FURTHER RESOLVED, the [CITY/COUNTY] Council directs all departments,
proprietaries, and commissions to identify and prioritize climate adaptation and mitigation
strategies that are people-centered, including but not limited to:
1. Clean and renewable energy, which involves deploying and efficiently using clean,
renewable and locally sourced electricity generated on site or transmitted through the power grid;
including upgrading public and private facilities to 100% renewable energy such as solar and
battery storage.
2. Community-wide electrification and fossil fuel phase out, which involves upgrading
and replacing carbon-intensive, fossil fuel-based infrastructure, including buildings, heating
sources, appliances, and combustion power with efficient, energy-saving infrastructure powered
by clean, renewably-generated electric power.
3. Carbon sequestration, which involves drawing down carbon dioxide and other
greenhouse gases from the atmosphere through ecological and/or technological methods and
capturing and safely storing them in plants, soils, water systems, and other solid forms;
4. Transportation, mobility, and connectivity, which involves developing and
enhancing land use patterns that foster safe, multimodal, accessible, equitable, intelligent, and
clean motorized and non- motorized travel options, infrastructure, and community connectivity;
including updating zoning codes to allow compatible residential infill and neighborhood-oriented
commercial uses so that services like bakeries, grocery stores, and coffee shops are accessible to
residents by foot or bike;
5. Resource conservation and the elimination of waste, which involves conserving
natural and manufactured resources by means of responsible production, consumption, reuse, and
recycling; including developing a community-wide Zero Waste Plan; adopting the "food
recovery hierarchy" citywide through educational programs and policies to first promote the
reduction of surplus food, and then ensure excess food is used to feed the hung1y, animals, or
composted before it ends in the landfill; expanding [CITY/COUNTY'S] conservation programs
to further reduce water and resource use;
6. Green infrastructure and restorative ecology, which involves incorporating green
infrastrncture (trees, capture and use of stormwater runoff) into community design, and restoring,
rehabilitating, and restoring/repurposing damaged ecosystems through active intervention to
maximize biodiversity and the drawdown and sequestration of carbon dioxide;
7. Climate adaptation and resilience, which involves preparing for, learning from, and
adapting to the effects of climate change through proactive and holistic planning and response at
the infrastructural, cultural, and institutional levels, including limiting/restricting development in
areas that are vulnerable to flooding, landslides, and wildfires, increasing the number of
community cooling centers for vulnerable populations during extreme heat, incorporating
changing climatic conditions and climate hazards into emergency response and recove1y
programs and ensuring affordable housing units are available for vulnerable communities.
BE IT FURTHER RESOLVED, the [CITY/COUNTY] Council directs the [CITY/COUNTY
ADMINISTRATIVE OFFICER] and [EMERGENCY MANAGEMENT DEPARTMENT] to
report back on opportunities and funding to address the climate and ecological emergency and its
impacts through existing hazard mitigation programs;
BE IT FURTHER RESOLVED, [CITY/COUNTY] directs the [CITY/COUNTY CLERK] to
work with the [EXISTING SUSTAINABILITY STAFF/DEPARTMENT] to include greenhouse
gas and co-pollutant impact statements, greenhouse gas and co-pollutant reduction and
greenhouse gas drawdown statements in all relevant Council motions, much as it cun-ently
includes fiscal impact statements;
BE IT FURTHER RESOLVED, the [CITY/COUNTY] shall, within 60 days of the passage of
this resolution, work with [EXISTING SUSTAINABILITY STAFF/TOWN MANAGER] to
appoint a Climate Emergency Mobilization Manager to oversee this community-wide
mobilization effort, with all necessaty powers to coordinate [CITY/COUNTY] climate and
environmental programs including the development of a "Climate Mobilization Action Plan"
detailing the actions and strategies necessary to implement climate emergency response,
including climate mitigation, resilience, adaptation, engagement, education, advocacy, and
research and development programs;
BE IT FURTHER RESOLVED, the [CITY/COUNTY] Council directs all [CITY/COUNTY]
departments, proprietaries, and commissions to identify and pursue strategies and action to align
with the Climate Mobilization Action Plan and goal of zero community-wide greenhouse gas
emissions by the end of 2030, including through city department planning, budgeting,
procurement and other activities;
BE IT FURTHER RESOLVED, the [CITY/COUNTY] commits to keeping the concerns of
frontline and marginalized communities central to all Climate Emergency Mobilization program
planning processes and to inviting and encouraging such communities to actively participate in
the development and implementation of this Climate Mobilization Action Plan and all climate
mobilization efforts;
BE IT FURTHER RESOLVED, the [CITY/COUNTY] recognizes that the full participation,
inclusion, support, and leadership of community organizations, faith communities, youth, labor
organizations, academic institutions, indigenous groups, and racial, gender, family, immigrant
and disability justice and organizations and other allies are integral to the climate emergency
response and mobilization efforts;
BE IT FURTHER RESOLVED, [CITY/COUNTY] shall establish a Climate Justice Task
Force comprised of environmental, economic, and racial justice leaders from [CITY/COUNTY]
to directly inform the creation of the [CITY/COUNTY] Climate Mobilization Action Plan;
BE IT FURTHER RESOLVED, CITY/COUNTY] commits to directly engaging our residents
in public deliberations, such as community assemblies, town halls, and public forums, on the
climate emergency, which will directly inform the creation of the [CITY/COUNTY] Climate
Mobilization Action Plan to ensure a Just Transition with the full democratic participation of the
residents of [CITY/COUNTY];
BE IT FURTHER RESOLVED, the [CITY/COUNTY] joins a nation-wide call for a regional,
national, and international climate emergency mobilization effmi focused on rapidly catalyzing a
mobilization at all levels of government to reverse global warming and the ecological crisis;
BE IT FURTHER RESOLVED, [CITY/COUNTY] calls on the State of _ _ _, the United
States Congress, the President of the United States, and all governments and people worldwide to
declare a climate emergency, initiate a Climate Mobilization to reverse global warming and the
ecological crisis, and provide maximum protection for all people and species of the world; and,
BE IT FURTHER RESOLVED, in fu1iherance of this resolution, the [CITY/COUNTY] shall
submit a ce1iified copy of this resolution to [FEDERAL, STATE, REGIONAL, COUNTY
ELECTED OFFICIALS, RELEVANT AGENCIES] and request that all relevant support and
assistance in effectuating this resolution be provided.
8778 Ferry Street
Montague, MI 49437
Phone (231) 893-1155
cityofmontague.org
January 14, 2020
Re: City of Montague, Michigan
Climate Emergency Resolution
Dear Chairman, Mayor, or Supervisor,:
The City of Montague City Council recently passed Resolution #2020-7 citing a climate emergency and
asks that you consider similar action in your jurisdiction. A copy is enclosed for your consideration.
The resolution outlines our steps to lead efforts in our community to create an ecologically, socially, and
economically responsible community. It calls upon residents and business, and all governments and
people worldwide to declare a climate emergency and initiate a climate mobilization to reverse global
warming and the ecological crisis to provide maximum protection for all people and species worldwide.
The enclosed Resolution #2020-7 declares that the City of Montague recognizes the climate emergency
and that it will do the following:
• eliminate the City's greenhouse gas emissions by 2040,
• Identify and implement policies and ordinances to address climate change and ecological impacts,
• Identify opportunities and funding to implement this resolution,
• coordinate climate and environmental programs that address such factors as climate adaptation,
engagement, and education, plus the development of the Climate MAP to guide the City's climate
emergency response,
• engage its residents, visitors and businesses on the climate emergency so their input informs the
creation of the Climate MAP, and
• calls upon the residents and business within the City, the State of Michigan, the United States
Congress, the President of the United States, and all governments and people worldwide to join us
and declare a climate emergency, initiate a climate mobilization to reverse global warming and the
ecological crisis, and provide maximum protection for all people and species of the world.
Again, we ask you to consider a similar resolution to call upon those in your own community to lead an
action to provide maximum protection for all people and species of the world.
Please feel free to call or e-mail me if I can help you in anyway to achieve our mutual goals to secure the
environment for our posterity.
On behalf of the City Council for the City of Montague;
4/;l/r
Jeff Auch, City Manager
City of Montague
(231)893-1155 ext.1758
manager@cityofinontague.org
enclosure
Affirm ative Action
(23 1)724-6703
MUSKEGON
FAX (23 1)722- 1214
Assessor/
Equ alization Co.
(23 I )724-6386
FAX (23 1)724- 11 29
Cemetery/Forestry
(231)724-6783
FAX (23 1)724-4188 West 111ichigan's Shoreline City
www.shorel lneclly.com
City Manager
(231 )724-6724
FAX (23 1)722- 1214 MEMORANDUM
Clerk
(23 1)724-6705
FAX (23 I )724-4 I 78
To: Rebecca St. Clair, City Commissioner
Comm. & Neigh. From: Peter Wills, Director of Strategic Initiatives
Services
(23 I )724-6717 Subject: Legislative Policy Committee
FAX (23 1)726-250 I Date: Nov 1, 2022
Computer In fo.
Technology
(231 )724-4126
FAX (23 I )722-430 I Pit Bulls
Engineering
(23 1)724-6707 State of Michigan - Dog Law of 1919, Public Act 339 of 1919
FAX (23 1)727-6904
http://legislature.mi.gov/(S(v5hnuhcsipc5qazxd4xqd145))/mileg.aspx?page=get0bject&objectName=mcl-Act-
Finance
(23 I )724-67 I3 339-of-1919
FAX (23 1)726-2325
Fire Department City Ordinance - https://www.muskegon-mi.gov/documents/pdf/3073.pdf, Section 6-15 Dangerous dogs,
(23 1)724-6795 confinement and handling; number.
FAX (23 1)724-6985
Human Resources • Dangerous animal means any and all of the following: (Page 3)
Co. (Civil Service)
(231 )724-6442 o (1) Any mammal, amphibian, reptile, or fowl of a species which, due to size, vicious nature or
FAX (23 1)724-6840 other characteristic, would constitute a danger to human life, physical well-being or property,
Income Tax including, but not limited to, lions, tigers, leopards, panthers, bears, wolves or wolf hybrids,
(23 1)724-6770 apes, gorillas, monkeys of a species with an adult weight in excess of 20 pounds, foxes,
FAX (23 1)724-6768
elephants, alligators, crocodiles and snakes which are poisonous or otherwise present a risk
Mayor's Office
(23 1)724-670 I
of physical harm or death to human beings as a result of their nature or physical makeup,
FAX (231)722- 1214 including all constrictors.
Plann ing/Zoning o (2) Any dog or cat having a disposition or propensity to attack or bite any person or animal
(23 1)724-6702 without provocation.
FAX (23 1)724-6790
o (3) Any pit bull dog. The term "pit bull dog" means any dog of one of the breeds known as
Police Department Staffordshire Bull Terrier, American Staffordshire Bull Terrier, or American Pit Bull Terrier, or
(23 1)724-6750
FAX (23 1)722-5140 any dog with the appearance and characteristics of being predominantly of any one of such
breeds, or combination thereof, or in combination with other breeds.
Public Works
(231)724-4100
FAX (23 1)722-41 88 Sec. 6-5. Owner Responsibility. Page 4
SafeBuilt • (a) All dogs and cats shall be kept under restraint, except for a service animal actively engaged in
(Inspections) performing its duty or a dog actively engaged in training or performance event or competition. Dogs
(23 I )724-6715
FAX (231 )728-43 71 or cats shall not be permitted to be at large in the city.
Treasurer • (b) Every vicious dog or cat, as determined by a police officer or the animal control authority, shall be
(23 I )724-6720 confined by its owner within a building or secure enclosure and shall be securely muzzled or caged
FAX (23 I)724-6768
whenever off the premises of its owner.
Water Billing • (c) The owner of every dog or cat shall be held responsible for every behavior of such dog or cat
(23 I )724-671 8
FAX (23 1)724-6768 under the provisions of this chapter.
Water Filtrat ion
(23 1)724-4 I 06
FAX (23 1)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
MUSKEGON
West Michigan's Shoreline Cify
www.shorelineclty.com
Sec. 6-14. Confinement of animals; number of dogs and cats which may be kept.
• (a) In other than a permitted veterinary clinic or kennel, no person shall maintain more than three adult dogs and four
adult cats in the city.
Sec. 6-15. Dangerous dogs; confinement and handling; number.
• (a) All dangerous dogs, including pit bulls and other dogs meeting the definition of a dangerous animal, shall be
especially confined and treated as follows:
o (1) Leash and muzzle. No person shall permit a pit bull or dangerous dog to go outside its kennel or pen unless it
is securely leashed with a leash no longer than four feet in length. No such dog shall be kept on a chain, rope or
other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may
not be leashed or tied to inanimate objects. Any such dog on a leash outside its kennel or pen must be muzzled
by a muzzling device sufficient to prevent the dog from biting persons or other animals.
o (2) Confinement. All pit bulls and dangerous dogs shall be securely confined indoors or in a securely enclosed
and locked pen or kennel, except when leashed, muzzled and controlled as provided in subsection (a)(l) of this
section. Such pen, kennel or structure must have secured sides and a secured top attached to the sides. All
structures used to confine pit bulls or dangerous dogs must be locked with a key or combination lock when such
animals are within the structure. The structure must have a secure bottom or floor attached to the sides of the
pen or the sides of the pen must be embedded in the ground no less than two feet from the grade. All such
structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
o (3) Confinement indoors. No pit bulls or dangerous dogs may be kept on a porch, patio, or any part of a house or
structure that would allow the dog to exit such a building. No such animal may be kept in a vacant house or
structure.
o (4) Signs. All owners or handlers of pit bulls or dangerous dogs within the city shall display in a prominent place
on the premises and on the pen or kennel a sign stating the words "Beware of Dog." The letters shall be at least
three inches in height.
o (5) Insurance. All owners or handlers of pit bulls or dangerous dogs must obtain public liability insurance in a
single incident amount of at least $50,000.00 for bodily injury, death or property damage resulting from the
ownership, keeping or maintenance of such animal.
o (6) Number. No more than one dog of the breed or description determined by this chapter to be dangerous
shall be kept on any premises in the city.
• (b) Violations of the requirements of the provisions in subsection (a) of this section concerning dangerous dogs and pit
bull dogs shall carry special penalties set forth in this chapter. (Code 2002, § 6-15; Ord. No. 2064, § 3.11, 12-11-2001;
Ord. No. 2268, 12-8-2009)
Sec. 6-2. Penalties. Page 4
• Any person violating this chapter shall be subject to one or more of the following penalties as applicable:
o (1) Any person violating section 6-15 involving dangerous dogs shall be guilty of a misdemeanor.
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
City of Grand Rapids Chicken Ordinance
ARTICLE 4. - BACKYARD CHICKENS
Sec. 9.217. - Purpose and Findings.
The City having successfully permitted the keeping of backyard chickens as part of a two (2) year pilot
program without significant complaints or administrative difficulty hereby permits the keeping of
backyard chickens subject to this Chapter.
(Ord. No. 2015-13, § 1, 2-24-15; Ord. No. 2016-49, § 1, 7-26-16)
Sec. 9.218. - Animals.
(l)Domestic Animals. For purposes of this Chapter, "domestic animal" or "domestic animals" shall mean
any animal that is not likely to bite without provocation and/or is not likely to cause death, maiming or
illness of a human, including but not limited to the following: bird (caged), cat (domestic), chinchilla,
ferret, dog (domestic), fish, lizard (non-venomous), snake (non-venomous), spider (non-venomous or
non-poisonous).(2)Farm Animals.a.For purposes of this Chapter, the term "farm animal" or "farm
animals" shall mean any horse, swine, cattle, sheep, goat, llama, chicken, goose, duck or turkey. The
term "farm animal" or "farm animals" shall also mean any other animal raised for commercial profit or
slaughter, and shall include more than two breeder rabbits.b.No farm animal shall be kept or allowed to
be kept within any dwelling or dwelling unit.c.Except for chickens as provided below, no farm animal
shall be kept or allowed to be kept within one hundred (100) feet of any dwelling or dwelling unit.ct.No
farm animal shall be kept or allowed to be kept within one hundred (100) feet of any well, spring or
stream.e.No farm animal shall be kept or allowed to be kept within fifty (50) feet of any stormwater
catch basin which is located on private property. For purposes of this Section, stormwater catch basins
located within a public or private street shall not be counted.(3)Wild Animals. Any animal that is not a
domestic animal or farm animal, as defined by this Article, is a wild animal, and shall not be kept or
allowed on any property in the City of Grand Rapids.(4)Care and Keeping of Animals. If an occupant or
owner keeps or allows animals within a dwelling, in a yard, in a structure, or upon a property, the
occupant or owner shall remove any odorous or unsanitary condition. The property owner shall be
responsible for the repair of any damage to the dwelling, structure or yard caused by the animals and
shall be responsible for any unsafe condition.(5)Exemption for John Ball Zoo. The requirements of this
Chapter shall not apply to the John Ball Zoo.
(Ord. No. 2015-13, § 1, 2-24-15)
Sec. 9.219. - Chickens.
Chickens may be kept in the City with a valid Chicken Permit subject to the following conditions:
(l)Chickens may only be kept on a lot containing a single-family or two-family dwelling. No person shall
allow chickens to be kept on a lot containing a multi-family dwelling.(2)Chickens may only be kept on a
lot which is at least 3,800 square feet in size.(3)Chickens may only be kept by an occupant of a dwelling
unit located on the real property on which the chickens are kept.(4)Chickens must be kept in and
confined in a properly designed and constructed coop or chicken house, or a fenced and covered
enclosure, which may be located only in the "rear yard" of the property, as that term is defined in
Chapter 61 of this Code, known as the Zoning Ordinance. The Planning Director may permit an alternate
placement where a rear yard does not exist due to existing building placement or for properties that do
not have a rear yard, providing that there are no detrimental effects on adjacent properties.(5)Each
fenced and covered enclosure shall be designed with adequate yard space for each chicken, and the
coop or chicken house and the fenced and covered enclosure combined shall not cover more than 50%
of the rear yard. Enclosures must be clean and resistant to predators and rodents.(6)Each fenced and
covered enclosure shall be located at least ten (10) feet from any lot line.(7)No person shall keep or
allow to be kept more than four (4) chickens on a lot which is less than 5,000 square feet in size.(8)No
person shall keep or allow to be kept more than six (6) chickens on a lot which is 5,000 square feet or
greater in size.(9)Chicken feed must be in rodent resistant and weather proof containers.(10)Chickens
may not be butchered, slaughtered, or otherwise killed, for any reason or any purpose, on any real
property on which chickens may be kept pursuant to this ordinance.(11}The person keeping the chickens
shall abide by all health and safety standards of the City's Property Maintenance Code.(12)Roosters are
expressly prohibited, regardless of the age or maturity of the bird.
(Ord. No. 2015-13, § 1, 2-24-15; Ord. No. 2016-49, § 2, 7-26-16)
Sec. 9.220. - Chicken Permits.
Any person wanting to keep chickens within the City shall first apply for and obtain a permit from the
City Manager or his/her designee, before that person may legally keep chickens within the City.
Regulations pertaining to permits shall be as follows:
(l)Any person applying for a permit to keep chickens within the City shall submit a permit application on
a form promulgated by the City Manager or his/her designee, and shall pay an application fee
established by resolution of the City Commission.(2)If the applicant is not the owner of the real property
on which he or she wants to keep chickens, the applicant must provide the written consent of the owner
of the real property. Without such written consent, the permit application may not be granted.(3}Once a
completed application form, application fee, and written consent of the owner of the real property have
been submitted to the City Manager or his/her designee, the City shall within ten (10) business days
send written notice of the application for a permit to keep chickens to the following:a.The physical
property address of all adjacent real properties. For purposes of this subsection, "adjacent real
properties" shall include all properties sharing a common lot line with the real property on which
chickens are proposed to be kept, but shall not include properties sharing only a common corner point,
without footage on a common lot line.b.The address of record for the owner of all adjacent real
properties, if that address of record is different from the physical property address.c.lf the chickens are
proposed to be kept on a lot containing a two-family dwelling, written notice of the application for a
permit to keep chickens shall also be sent or delivered to the physical property address of the other unit
within that two-family dwelling.(4)If the City Manager or his/her designee receives an objection to the
issuance of a permit from any person required to be notified of the permit application, within twenty-
one (21) days from mailing the written notice of the permit application, then the permit shall not be
granted.(5)If the City Manager or his/her designee receives no objections to the issuance of a permit
from any person required to be notified of the permit application, within the appropriate time period as
specified above, he or she shall review the permit application in light of the following factors:i.The
number of chickens the applicant desires to keep;ii.The size of the lot on which chickens are proposed to
be kept;iii.The adequacy of the applicant's plans for housing and confining the chickens; and iv.Other
factors relevant to the applicant's particular circumstances.(6)If the City Manager or his/her designee
grants the request for the permit, he/she shall do so in writing, which writing shall state the property
address at which chickens may be kept, as well as the number of chickens allowed to be kept, and any
other conditions of the permit to keep chickens.(7)If the City Manager or his/her designee denies the
request for the permit, he/she shall do so in writing, which writing shall state the reasons for such
denial.(8)If the City Manager or his/her designee denies the request for the permit, the provisions of
City Code Section 7.16 regarding appeals from license and permit denials shall apply.(9)An initial permit
shall be valid for a period of one (1) year. If, in the judgment of the City Manager or his/her designee,
the permittee has abided by all ordinance provisions and permit conditions, and has not created a
nuisance to the owners or occupants of adjacent properties or the neighborhood, the permit may be
renewed for an additional one (1) year period. However, no permit issued pursuant to this ordinance
shall remain valid past the date on which this ordinance either expires or is repealed, whichever is
earlier.(10)Any permit may be suspended or revoked by the City Manager or his/her designee, by
written notice to the permit holder, upon a finding that the permittee has violated applicable City
ordinance provisions or permit conditions.(11)If the City Manager or his/her designee suspends or
revokes a permit, the provisions of City Code Section 7.14 regarding suspension and revocation of
permits and licenses shall apply.(12)A permit as described above is personal to the applicant. Such a
permit may not be transferred to another individual. If ownership of the underlying real property on
which the chickens are kept is transferred, the permit does not run with the land, and a person desiring
to keep chickens on the property must apply for a new permit.
(Ord. No. 2015-13, § 1, 2-24-15; Ord. No. 2016-49, § 3, 7-26-16)
Sec. 9.221. - Violation to be a Municipal Civil Infraction.
(l)No person shall keep a chicken or allow a chicken to be kept on real property under his or her control,
unless a permit to keep chickens is first obtained from the City in the manner provided for herein.(2)A
violation of this Article shall be a municipal civil infraction, punishable by a fine as established in Chapter
170 of this Code.
(Ord. No. 2015-13, § 1, 2-24-15)
Sec. 9.222. - Applicability of the Property Maintenance Code.
A violation of this Article shall be subject to all of the enforcement mechanisms and provisions set forth
in the Property Maintenance Code. However, so long as this Article shall remain in effect, its provisions
regarding the keeping of chickens shall supersede any conflicting provisions regarding the keeping of
chickens that may be set forth in local amendments to the Property Maintenance Code.
(Ord. No. 2015-13, § 1, 2-24-15)
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