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City of Muskegon
City Commission Worksession
July 7, 2008
City Commission Chambers
5:30 PM
AGENDA
1. Nuisance Business Ordinance.
2. Salary Range Adjustments.
3. City Manager Employment Agreement Amendment.
4. Lighthouses.
5. Any Other Business.
6. Adjourmnent.
City of Muskegon
City Commission Worksession
July 7, 2008
City Commission Chambers
5:30 PM
MINUTES
The City Commission Worksession was called to order at 5:30 p.m. by Mayor Warmington.
Present: Mayor Warmington, Commissioners Wierengo, Wisneski, Shepherd, and Spataro,
City Manager Mazade, and City Attorney Schrier.
Absent: Vice Mayor Gawron and Commissioner Carter.
2008-62
Nuisance Business Ordinance.
City Manager and City Attorney explained the ordinance. City Attorney stated he would draft
the definition of nuisances slightly different and this will come back to the Commission for
approval.
Salary Range Adjustments.
City Manager explained the adjustments and answered questions. This will be voted on at the
July 8th Commission Meeting.
City Manager Employment Agreement Amendment.
City Manager explained the requested amendment to his employment agreement. This will be
voted on at the July 8th Commission Meeting.
Lighthouses.
City Manager informed the Commission about a letter he received from the U.S. General
Services Administration stating the Muskegon South Pierhead Light and the Muskegon South
Breakwater Light are excess property and they are being made available to be sold to eligible
entities, which include non-profit corporations. It was suggested to investigate and see what
options we have, and contact Congressman Hoekstra' s office and see what he might suggest.
Any Other Business.
Concern reference weapons out on the street, Public Safety Director Kleibecker answered
questions.
Grand Rapids Mayor Hartwell asked us to join Great Lakes St. Lawrence Cities Initiative for
$3,000. Mayor Warmington believes it is important for us to belong to this and keep informed of
nd
what is going on in Lansing. This will be put on the July 22 Commission Meeting.
Regional Transportation Coalition working on an inner bus service between Muskegon, Ottawa,
and Kent Counties. City Manager and Mayor have been involved in this and also Jim Koens
from the County.
Adjournment. The meeting adjourned at 6:35 p.m.
\ , ,1\1 . f .,
\___\_\"- "-\.'-..U } " r /I
Ann Marie Becker, MMC
City Clerk
DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
AN ORDINANCE TO BE SET FORTH IN ARTICLE OF THE CITY OF MUSKEGON
CODE OF ORDINANCES. THE PURPOSE OF THE SAID ORDINANCE IS TO ABATE
NUISANCES RESULTING FROM THE DISORDERLY AND DANGEROUS CONDUCT IN
AND AROUND BUSINESS ESTABLISHMENTS IN THE CITY OF MUSKEGON.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article _ _ of Chapter_, as stated below, is hereby added to the City of Muskegon
Code of Ordinances.
Sec. . Definitions.
As used in this article:
Business activity means any action or acts of buying, selling, leasing,
renting, or otherwise marketing, any goods, services, merchandise or commodities
of any kind or description, whether or not conducted from a business
establishment.
Business establishment means any lot, building or structure, or a part
thereof, including, without limitation, leased or occupied space in a mall, store or
building, located within the corporate limits of the city, from which a person
engages in or causes to be engaged in any act or acts of buying, selling, leasing,
renting, or otherwise disposing of, perfonning or marketing, any goods, services,
merchandise or commodities of any kind or description.
Nuisance means any act or acts or omission to act on the part of any
person or group of people which creates or permits the existence of a situation
which annoys, injures or endangers the peace, welfare, order, health or safety of
the public in their persons, private property or public property, including public
sidewalks, parking lots, streets and alleyways surrounding business
establishments within the city. A nuisance results from disorderly and/or
dangerous behavior, including but not limited to increased noise, loitering,
littering, fighting, jostling, roughly crowding, use and/or display of weapons,
public intoxication, public indecency, obscene conduct, collecting in crowds for
unlawful purposes, or any other disruptive, obnoxious, offensive, threatening or
intimidating behavior that contributes to the disturbance of the peace and quiet.
Owner means any person who possesses or has any legal or equitable
interest in a business establishment. "Owner" also means any person who has or
exercises control, custody or dominion over any property and/or business
establishment. As used in this chapter, for purposes of notification, "the owner,"
"an owner" or "owner" shall mean the "owner/manager" indicated on the business
registration application filed with the city clerk to obtain a certificate of
registration pursuant to Section 50-33 of the City of Muskegon Code of
Ordinances.
Property means any land, structure, house, building, premises or any part
thereof.
Sec. ___. Findings with respect to disorderly and/or dangerous conduct.
The city determines that whenever repeated instances of disorderly and/or
dangerous behavior occur on or near any business establishment and that business
establishment is repeatedly the site of disruptive public behavior a public nuisance
results. Such a public nuisance results from the increased criminal activity that
occurs in the neighborhood surrounding the relevant business establishment, the
fear engendered in the minds of the public and the disturbance of the peace and
quiet of those people living, recreating, shopping and/or doing business in the
neighborhood surrounding the business establishment.
Sec. ___. Declaration of public nuisance.
(a) Whenever repeated instances of disorderly and/or
dangerous conduct, as outlined in Section ___, occurs on or near any business
establishment, the City Commission may declare, by resolution, that the business
establishment is a public nuisance and order that the nuisance be abated as
provided in this chapter. Such a declaration may occur only after there has been
notice given to the owner of the business establishment and the owner has had an
opportunity to be heard at a public hearing.
(b) Notice of the public hearing shall be given to the owner and shall
consist of personal service or the mailing of a certified letter to the
owner/manager at the mailing address indicated on the business registration
application filed with the city clerk to obtain a certificate of registration for the
business establishment pursuant to Section 50-33 of the City of Muskegon Code
of Ordinances. The notice shall state the nature of the alleged nuisance and the
time, date and location of the hearing. If the notice is served by certified mail, it
shall be delivered with a return receipt requested according to the practices of the
post office. Receipt of the return receipt card by the city indicating the owner or a
representative of the owner has received such notice shall be deemed notice to the
owner. It shall not be necessary that the card be returned if the certified mail has
been refused or there is other evidence that the owner has received notice. Such
notice to an owner shall occur by the said mailing with postmark or personal
delivery at least fomieen (14) calendar days prior to the date of the public hearing.
(c) The City Commission may appoint a hearing officer to
conduct the public hearing. The hearing officer, acting in a quasi-judicial
capacity, shall make a determination as to whether a public nuisance exists under
the standards established by this Article. The hearing officer shall make this
determination based solely upon the evidence presented at the public evidentiary
hearing. In conducting the public evidentiary hearing, the hearing officer shall
afford the owner, city personnel, other witnesses, and interested parties an
opportunity to present relevant and material evidence and to make arguments as to
factual or legal issues. Cross-examination of opposing witnesses shall be
permitted. The owner may appear in person and be represented by an attorney.
Lay representation is not permitted. In conducting its public evidentiary hearing,
the hearing officer shall not be bound by the rules of evidence and may admit and
give weight to probative evidence of a nature that is commonly relied upon by
reasonably prudent individuals in the conduct of their affairs. Irrelevant,
incompetent and immaterial evidence and unduly repetitious evidence shall be
excluded. A record of said hearing shall be made.
Sec. ___. Abatement of nuisance and costs; posting; recording and
listing of pnblic nuisances.
If the hearing officer determines by a preponderance of the evidence that a
business establishment is a public nuisance, the City Commission may, by
resolution, in addition to any other remedies available to the city at law or in
equity, order abatement of the nuisance. The resolution shall state the factual
findings and the basis for the decision of the hearing officer in writing.
(1) The abatement process shall be conducted as follows:
(a) If it is determined that the business establishment is to be
closed temporarily, the City Commission shall order that all business activity end
and declare that all business activity is prohibited and authorize the Police
Department to prohibit any business activity from occurring at the business
establishment for a period ofup to thirty (30) days for the first offense, up to sixty
(60) days for a second offense committed by the same owner within twelve
months from the last day of the first closure, up to ninety (90) days for a third
offense committed by the same owner within twelve months from the last day of
the second closure; and/or,
(b) Determine that the owner shall be liable for the full cost of
any materials and personnel (including police and any other city employees or
contractors) involved in ensuring that no business activity occurs at the business
establishment; and/or,
(c) Determine that the costs set out herein shall be a personal
debt of the owner and/or assess those costs against the business establishment as a
lien as provided for in this ordinance and by law, or both.
(2) The posting, recording and listing of public nuisances shall be as
follows:
(a) Whenever the City Commission shall have ordered a
business establishment to be closed temporarily, the Police Department shall post
a notice so stating at each entrance to any building on the prope1ty and shall
replace any notices that are missing or unreadable.
(b) The City Clerk shall maintain a list of those business
establishments that have been declared to be a public nuisance and of the remedy
ordered by the City Commission. Immediately upon a declaration of public
nuisance as provided for herein, the City Clerk shall add the business
establishment to the list. A list of such properties shall be available for public
inspection at the City Clerk's office.
(c) No person other than an authorized city employee shall
tamper with, damage, alter, destroy or remove any notice posted by the City.
(d) The City may, at its discretion, record an affidavit setting
forth its findings under this Article and the remedies determined to apply to the
property at the Muskegon County Register of Deeds.
Sec. _ __ Appeal.
(a) An owner aggrieved by any final determination by the City
Commission under this Chapter may appeal the determination to the Circuit Court
within twenty-one (21) days of the date of the decision.
(b) The Circuit Court shall review the City Commission's
decision to determine whether it is in violation of the law, has been procured by
fraud, if an abuse of discretion exists, and whether the decision is supported by
competent, substantial and material evidence on the record as a whole. The
Circuit Court's review shall be made upon the record made before the hearing
officer. It is the responsibility of the appealing party to demonstrate error, and to
present and settle the record. The Court may return the matter for further hearing,
reverse or modify the decision of the City Commission, or affirm the same. If the
court affirms the action of the City, or modifies it, the Court may provide any
order or relief it deems appropriate to enforce and aid in the enforcement of this
ordinance and the action of the City.
This ordinance adopted:
Ayes:. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nays:. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date: _ _ _ _ _ _ _ _ _ __
Effective Date: - - - - - - - - - - -
First Reading: _ _ _ _ _ _ _ _ _ _ __
Second Reading: _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By:-------------
Ann Becker
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a trne and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the _ _ day of _ _ _ _ _ _~ 2008, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.
DATED:----~ 2008
Ann Becker
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
AGENDA ITEM NO. _ _ _ _ _ _ __
CITY COMMISSION MEETING _ _ _ _ _ _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: July 1, 2008
RE: Salary Range Adjustments
SUMMARY OF REQUEST
To make changes to various non-represented salary ranges.
FINANCIAL IMPACT
Approximately $30,000 in salaries and benefits. However, there have been savings to fully
offset these increases.
BUDGET ACTION REQUIRED
None.
STAFF RECOMMENDATION:
To approve the recommended changes.
COMMITTEE RECOMMENDATION
None.
pb\AGENDA\SALARY RANGE ADJUSTMENTS 070108
PROPOSED
2008
NON-REPRESENTED EMPLOYEES SALARY SCHEDULE
SALARY SCHEDULE
11 STEPS
CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEPS STEP 6 STEP? STEP 8 STEP 9 STEP10 STEP 11
RANGE I -A 74,307 76,784 79,261 81,738 84,215 86,692 89,168 91,645 94,122 96,599 99,076
RANGE I - B 68,095 70,366 72,635 74,906 77,175 79,446 81,715 83,986 86,255 88,526 90,796
RANGE II -A 62,886 64,982 67,078 69,174 71,270 73,367 75,464 77,560 79,656 81,752 83,848
RANGE II - B 60,246 62,247 64,247 66,248 68,248 70,249 72,250 74,250 76,251 78,251 80,253
RANGE Ill -A 57,607 59,511 61,416 63,321 65,226 67,130 69,036 70,940 72,844 74,750 76,654
RANGE Ill - B 53,556 55,341 57,126 58,912 60,697 62,482 64,267 66,052 67,838 69,623 71,408
RANGE IV 49,623 51,277 52,931 54,585 56,239 57,892 59,547 61,200 62,854 64,508 66,162
RANGEV 47,495 49,079 50,662 52,245 53,829 55,413 56,996 58,580 60,163 61,747 63,330
RANGE VI 44,513 45,996 47,480 48,963 50,447 51,930 53,414 54,898 56,382 57,866 59,349
RANGE VII-A 41,198 42,572 43,946 45,319 46,693 48,066 49,440 50,813 52,187 53,561 54,934
RANGE VII - B 38,663 39,952 41,242 42,531 43,820 45,110 46,399 47,688 48,977 50,267 51,556
RANGE VIII 36,476 37,692 38,908 40,125 41,341 42,556 43,772 44,989 46,205 47,421 48,638
RANGE IX 32,142 33,213 34,284 35,356 36,427 37,499 38,570 39,641 40,713 41,784 42,856
RANGE X 29,808 30,802 31,795 32,790 33,783 34,777 35,771 36,765 37,758 38,753 39,746
RANGE XI 27,143 28,048 28,954 29,858 30,763 31,668 32,573 33,477 34,383 35,288 36,193
pb1Exce1Lr,;zooa NON-REP SALARIES 07208 FOR AGENDAIPROPOSEO STEPS
PROPOSED
ADMINISTRATIVE/TECHNICAL/PROFESSIONAL/SUPERVISORY
SALARY RANGES
EFFECTIVE 7/1/2008
MINIMUM SALARY MAXIMUM SALARY
RANGE 1-A 74,307 99,076
Assistant City Manager (Vacant)
Director of Public Safety
Finance Director
Public Works Director
RANGE 1-B 68,095 90,796
City Engineer/Deputy Director of Public Works
Community/Economic Development Director
Police Chief (Vacant)
RANGE II -A 62,886 83,848
Fire Chief (Vacant)
Leisure Se/Vices Director (Vacant)
RANGE II - B 60,246 80,253
City Treasurer
Income Tax Administrator/Deputy Treasurer
Information Systems Director
RANGE Ill -A 57,607 76,654
Assistant Chief of Police (Vacant)
Civil Se/Vice/Personnel Director
Deputy Director of Public Safety for Fire Se/Vices
RANGE Ill - B 53,556 71,408
Assistant Finance Director
City Clerk
Community & Neighborhood Se/Vices Director
RANGE IV 49,623 66,162
Assistant City Engineer (Vacant)
Deputy Director of Community/Economic Development (Vacant)
Director of Inspections (Vacant)
RANGEV 47,495 63,330
Affirmative Action/Risk Management Director
Water Filtration Plant Supe!Visor
MINIMUM SALARY MAXIMUM SALARY
RANGE VI 44,513 59,349
Building Official {Vacant)
Project Engineer (Vacant)
Superintendent of Public Works
Superintendent of Public Utilities
RANGE VII -A $41,198 $54,934
Business Development Specialist (Vacant)
Cemetery/Forestry Supervisor
Database Administrator
Equipment Supervisor
Highway Supervlsor
Network Technician
Parks Supervisor
Planner Ill/Zoning Administrator
Public Utilities Supervisor
Recreation/Marina Supervisor
Safety/Services Supervisor (Vacant)
Special Operations Supervisor
RANGE Vll-8 $38,663 $51,556
Computer Technician (Vacant)
RANGE VIII $36,476 $48,638
Administrative Services Supervisor - DPW
Code Coordinator
Communications & Public Affairs Administrator (Vacant)
Deputy City Clerk
Income Tax Auditor
Pension & Benefits Coordinator (Part-Time) (Vacant)
Personnel Analyst (Vacant)
Planner II
Police Community Coordinator
Police Records Supervisor
Resource Recovery Coordinator
Revenue Collections Administrator (Vacant)
Risk Manager - (Vacant)
RANGE IX $32,142 $42,856
Building Maintenance Supervisor
Planner I
Secretary to the City Manager
RANGEX $29,808 $39,746
Finance Clerk
Administrative Secretary - Administration
Administrative Secretary - CNS
Administrative Secretary - Planning
Administrative Secretary - Fire
Administrative Secretary - Civil Service
Finance Clerk
Administrative Secretary - Police
Administrative Aide - Police (Vacant)
Personnel Clerk {Part-Time) (Vacant)
Youth Recreation Coordinator {Vacant)
RANGE XI $27,143 $36,193
City Hall Building Maintenance Worker
pb\Excel\2008 NON-REP SALARIES 07208 FOR AGENOA\PROPOSED POSITIONS & RANGES
AGENDA ITEM NO. _ _ _ _ _ _ __
CITY COMMISSION MEETING _ _ _ _ _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: July 1, 2008
RE: City Manager Employment Agreement Amendment
SUMMARY OF REQUEST
To approve an amendment to the City Manager's employment agreement relating to retirement
requirements.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the proposed amendment and authorize the Mayor and Clerk to sign the revised
agreement.
COMMITTEE RECOMMENDATION:
None.
RE.·r,~
,_, E: 1VE
1 ··~ D
® .JUN 2 7 2008
, . MUS K EGON /
en y M A NAGER 'S
OFi=ICE
GSA New England Region
June 23, 2008
Mr. Bryon Mazade
City Manager
City of Muskegon
933 Terrace Street
Muskegon, Michigan 49440
RE: Muskegon South Pierhead Light
City of Muskegon, Muskegon County, Michigan
GSA Control No.: 1-X-MI-610-C
Dear Mr. Mazade:
The above referenced propetiy will be conveyed under the National Historic Lighthouse
Preservation Act of 2000 (NHLPA). The NHLPA provides for disposal of historic lighthouses to
eligible entities, which includes non-profit corporations.
The enclosed Notice of Availability and fact sheet describe the subject property and provide
instructions for eligible patties to apply. It would be greatly appreciated if your office would
have additional copies of the notices posted for public viewing.
Should your staff require additional information or have any questions regarding this matter,
please contact the GSA representative listed on the Notice of Availability by calling (312)
353-6045 or by writing to:
U.S. General Services Administration
Property Disposal Division
Chicago Operations Branch - I PRC5
230 South Dearborn Street
Room 3774, DPN 37-13
Chicago, Illinois 60604
hi , hicago Operations Branch
Property Disposal Division
Enclosures
U.S. General Services Administration
Thomas P. O'Neill, Jr. Federal Building
10 Causeway Street
Boston, MA 02222
www.gsa.gov
NATIONAL HISTORIC LIGHTHOUSE PRESERVATION ACT
NOTICE OF AVAILABILITY
Muskegon South Pierhead Light
Muskegon, Michigan
June 23, 2008
The lighthouse described on the attached sheets has been determined to be excess to the needs of the United
Stales Coast Guard. Pursuant to the National Historic Lighthouse Preservation Act of 2000, 16 U.S.C. 470,
this property is being made available at no cost to eligible entities defined as federal agencies, state and
local agencies, non-profit corporations, educational agencies, or community development organizations, for
education, park, recreation, cultural, or historic preservation purposes.
Under Section 309 of the NHLPA, the lighthouse will be sold ifit is not transferred to a public body or
non-profit organization.
This lighthouse is located on a U.S. Army Corps of Engineers (U.S. COE) navigational structure such as a
breakwater, jetty or pier. For access to and utilization of the lighthouse, tbe selected steward must obtain
the required authorization from the following U.S. COE district office having jurisdiction for the
navigational structure:
Mr. Robert Jameson
Department of the Army
Detroit District, Corps of Engineers
Real Estate Division
Box 1027
Detroit, Michigan 4823 l-1027
Any eligible entity with an interest in acquiring the described property for a use consistent with the
purposes stated above should submit a letter of interest to the address listed below by August 21, 2008.
Letters of interest should include:
• Name of property
• Name of eligible entity
• Point of contact, title, address, phone and email
• Non-profit agencies must provide a copy of their state-certified articles of incorporation
Eligible entities that submit a letter of interest wi\1 be sent an application by the U.S. Department of'the
Interior and given an opportunity to inspect the property. Building inspectors and/or contractors may
accompany the applicant on the site visit. The application will be due within 90 days from the date of the
scheduled site inspection. The U.S. Department of the Interior will review applications and select an
eligible entity to receive the property. The U.S. General Services Administration will complete the
conveyance to tbc selected recipient.
For more information on the disposal of lighthouses, please visit the web site at
http://www.cr.nps.gov/maritime/nhlpa/nhlpa.htm.
Letter of interest should be directed to: A copy of the letter of interest should be sent to:
Mr. Richard Balsano Mr. Brian D. Conway
U.S. General Services Administration State Historic Preservation Office
Property Disposal Division Michigan Historic Center
230 South Dearborn Street, Rm 3774 717 West Allegan Street
Chicago, Illinois 60604 Lansing, Michigan 48918
National Historic Lighthouse Preservation Act
FACT SHEET
Muskegon South Pierhead Light
June 23, 2008
GSA Control No. l-X-MI-610-C
Property Identification Muskegon South Pierhead Light
Property Address Located at the end of the south pier on the harbor of the City of
Muskegon, Muskegon County, Michigan.
Approx Latitude I Longitude: +43° 13' 36.00", -86° 20' 29.50"
Property Description The Muskegon South Pierhead Light consists of red cast iron
construction, and is situated at the end of the south pier of the Muskegon
Harbor. The tower is cylindrical in shape with a height of approximately
53 feet. This lighthouse is located on a US. Army Corps of Engineers
(U.S. COE) navigational structure such as a breakwater, jetty or pier.
For access to and utilization of the lighthouse, the selected steward must
obtain the required authorization from the US. COE district office
having jurisdiction for the navigational structure.
Condition of Property The property is offered "AS IS" and "WHERE IS" without
representation, warranty, or guarantee as to quality, quantity, title,
character, condition, size or kind.
Range of Possible Uses Historic Lights and Light Stations may be used for education, park,
recreation, cultural, or historic preservation ourposes.
Commercial Activities Commercial activities are prohibited unless approved by the Secretary of
the Interior.
Utilities Unknown
Historical Information Property is listed in the National Register of Historic Places. Property
must be maintained according to the Secretary of Interior's Standards for
Rehabilitation. Historic covenants will be incorporated into the
quitclaim deed.
Aid to Navigation The Federal aid to navigation located at the site is active and remains the
personal property of the United States Government.
Easements The U.S. Coast Guard shall retain an easement for an Arc of Visibility
and an unrestricted right of access in, to and across the Property to
maintain, operate, service, repair and install equipment as necessary to
support its aid to navigation mission. Additionally, the U.S. Coast
Guard shall retain the unrestricted right to relocate or add any aids to
navigation, or communications towers and equipment (along with
necessary right of ingress/egress), or make any changes on any portion
of the property as may be necessary for navigation/public safety
purposes.
Current Tenant None
Environmental Information Lead-based paint; asbestos-containing material may be present.
Notice Response Due Date August 2 l, 2008
®
GSA New England Region
June 23, 2008
Mr. Bryon Mazade
City Manager
City of Muskegon
933 Terrace Street
Muskegon, Michigan 49440
RE: Muskegon South Breakwater Light
City of Muskegon, Muskegon County, Michigan
GSA Control No.: 1-X-MI-610-B
Dear Mr. Mazade:
The above referenced property will be conveyed under the National Historic Lighthouse
Preservation Act of2000 (NHLPA). The NHLPA provides for disposal of historic lighthouses to
eligible entities, which includes non-profit corporations.
The enclosed Notice of Availability and fact sheet describe the subject prope1ty and provide
instructions for eligible parties to apply. It would be greatly appreciated if your office would
have additional copies of the notices posted for public viewing.
Should your staff require additional information or have any questions regarding this matter,
please contact the GSA representative listed on the Notice of Availability by calling (312)
353-6045 or by writing to:
U.S. General Services Administration
Property Disposal Division
Chicago Operations Branch - 1PRC5
230 South Dearborn Street
Room 3774, DPN 37-13
Chicago, Illino is 60604
·:..-.
Chicago Operations Branch
Prope1ty Disposal Division
Enclosures
U.S. General Services Administration
Thomas P. O'Neill, Jr. Federal Building
10 Causeway Street
Boston, MA 02222
www.gsa.gov
NATIONAL HISTORIC LIGHTHOUSE PRESERVATION ACT
NOTICE OF AVAILABILITY
Muskegon South Breakwater Light
Muskegon, Michigan
June 23, 2008
The lighthouse described on the attached sheets has been determined to be excess to the needs of the United
States Coast Guard. Pursuant to the National Historic Lighthouse Preservation Act of 2000, 16 U.S.C. 470,
this property is being made available at no cost to eligible entities defined as federal agencies, state and
local agencies, non-profit corporations, educational agencies, or community development organizations, for
education, park, recreation, cultural, or historic preservation puq,oses.
Under Section 309 of the NHLPA, the lighthouse will be sold if it is not transferred to a public body or
non-profit organization.
This lighthouse is located on a U.S. Army Corps of Engineers (U.S. COE) navigational strncture such as a
breakwater, jetty or pier. For access to and utilization of the lighthouse, the selected steward must obtain
the required authorization from the following U.S. COE district office having jurisdiction for the
navigational structure:
Mr. Robert Jameson
Department of the Army
Detroit District, Corps of Engineers
Rea! Estate Division
Box 1027
Detroit, Michigan 48231-1027
Any eligible entity with an interest in acquiring the described property for a use consistent with the
purposes stated above should submit a letter of interest to the address listed below by August 21, 2008.
Letters of interest should include:
• Name of property
• Name of eligible entity
• Point of contact, title, address, phone and email
• Non-profit agencies must p·rovide a copy of their state-certified articles of incoqJOration
Eligible entities that submit a letter of interest will be sent an application by the U.S. Department of the
Interior and given an opportunity to inspect the property. Building inspectors and/or contractors may
accompany the applicant on the site visit The application will be due within 90 days from the date of the
scheduled site inspection. The U.S. Department of the Interior will review applications and select an
eligible entity to receive the property. The U.S. General Services Administration will complete the
conveyance to the selected recipient.
For more information on the disposal of lighthouses, please visit the web site at
http://www.er.nps.gov/mari time/nhl pa/nh!pa.htm.
Letter of interest should be directed to: A copy of the letter of interest should be sent to:
Mr. Richard Balsano Mr. Brian D. Conway
U.S. General Services Administration State Historic Preservation Office
Property Disposal Division Michigan Historic Center
230 South Dearborn Street, Rm 3774 717 West Allegan Street
Chicago, Illinois 60604 Lansing, Michigan 48918
National Historic Lighthouse Preservation Act
FACT SHEET
Muskegon South Breakwater Light
June 23, 2008
GSA Control No. 1-X-MI-610-B
Property Identification Muskegon South Breakwater Light
Property Address Located at the end of lhe southern breakwater at the entrance to the
channel leading to Lake Muskegon from Lake Michigan in the City of
Muskegon, Muskegon County, Michigan.
Anorox Latitude/ Longitude: +43° 13' 26.83", -86° 20' 49.60"
Prope1ty Description The Muskegon South Breakwater Light consists ofred cast iron
construction, and is situated on the southernn1ost breakwater. The tower
is conical in shape with a height of approximately 70 feet. This
lighthouse is located on a U.S. Army Corps of Engineers (U.S. COE)
navigational structure such as a brea!ovater, jetty or pier. For access to
and utilization of the lighthouse, the selected steward must obtain the
required authorization from the US. COE district office having
jurisdiction for the navipationa/ structure.
Condition of Property The property is offered "AS IS" and "WHERE IS" without
representation, waffanty, or guarantee as to quality, quantity, title,
character, condition, size or kind.
Range of Possible Uses Historic Lights and Light Stations may be used for education, park,
recreation, cultural, or historic preservation purposes.
Commercial Activities Commercial activities are prohibited unless approved by the Secretary of
the Interior.
Utilities Unknown
Historical Information Property is listed in the National Register of Historic Places. Property
must be maintained according to the Secretary of Interior's Standards for
Rehabilitation. Historic covenants will be incorporated into the
quitclaim deed.
Aid to Navigation The Federal aid to navigation located at the site is active and remains the
personal nrooertv of the United States Govenuuent.
Easements The U.S. Coast Guard shall retain an easement for an Arc of Visibility
and an unrestricted right of access in, to and across the Property to
maintain, operate, service, repair and install equipment as necessary to
suppo1i its aid to navigation mission. Additionally, the U.S. Coast
Guard shall retain the unrestricted right to relocate or add any aids to
navigation, or communications towers and equipment (along with
necessary right of ingress/egress), or make any changes on any portion
of the property as may be necessary for navigation/public safety
purposes.
Current Tenant None
Environmental Information Lead-based paint; asbestos-containing material may be present.
Notice Response Due Date August 21, 2008
Price is right for buyers of Muskegon lighthouses - Muskegon Chronicle - MLive.com Page 1 of 2
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.• u.E) l What's ASS? Price is right for buyers of Muskegon lighthouses
Posted by .!:!9!J.~!!.,9.:)~~ums] The Muskegon Qb!2.r:iJ9!§. ~une 28, ~qp_a__2_1 :57PM
Latest Posts Unmanned historic lighthouses are
• Laid-back linchpin being •excessed• by the federal
• Price is right for buyers of government and "conveyed' to qualified
Muskegon lighthouses owners, according to the U.S. General
·• Miss Qutslanding Teen Will Services Administratlon.
Try Again
• Optimists Celebrate 50
Years 'Given away,' actually.
• Man pleads guilty to
robbery in Ludington killing That includes Muskegon's 55-foot
Categories South Pierhead Light, rebuilt and
located there in 1903, and, farther out
• 2008 North American into Lake Michigan, the South
lntematlonal Auto Show
Breakwater Light, which was bull! in
(ASS)
,• Allendale/GVSU (ASS} 1899 and ls about 70 feet tall.
,• Amtrak train crash (ASS)
,a Audio (ASS} 'Free• is a better deal than Ludington
!' Baker Collage (ASS) got. In 2007, that city paid $1 for its
,• Breaking News (ASS)
• Business {ASS) lighthouse.
ll Calendars (ASS)
'• Community News (ASS) In any case, the government is not
'.- Court News {ASS) simply leaving shippers and boaters to
Dalton Township (ASS)
fend for themselves, navigation-wise,
• Drug Addiction: Tough To
, Crack (ASS) as it turns over these old lighthouses
• Education {ASS) and most of their maintenance to new
••• Election News (ASS) owners.
Entertainment {ASS)
• Environment (ASS)
.• Family and Faith (ASS) Both of the Muskegon lighthouses have
• Ferrysburg {ASS) automated equipment, and a new The MusKe(lon lighthouses are popular tounst
• Fruitport (ASS) owner would be required to allow the aurachon->.
• Fruitport Township {ASS) U.S. Coast Guard access to maintain it
• GM-UAW(ASS) and keep their red fights burning brightly, said David Wilkinson of GSA's Chicago
• Grand Haven (ASS) office.
• Grand Haven Township
(ASS)
• Grand Rapids (ASS) Even at no cost, there doesn't seem to be much local Interest in picking up one or
• GVSU/Grand Rapids {ASS) both of these picturesque, red-painted structures, al least not yet.
• Holland (ASS)
• Holton (ASS)
• Hospital merger (ASS) The city of Muskegon, which owns adjacent Pere Marquette Park, has not even
• Janet Chandler murder trial considered taking on such a thing, or things.
(ASS)
• Kent County (ASS) "We haven't talked about it at all," City Manager Bryon Mazade said in the wake of
• Ludington (ASS)
• Marine Pfc. Breit Witteveen the GSA announcement. Nor does he expect to bring the question up for discussion
(ASS) by the City Commission anytime soon.
• Mason County (ASS)
• Michael Hoeker (ASS) The Muskegon Pier Safety Committee, a public-private effort that has installed
,• Michigan {ASS)
• Michigan International Auto solar-powered boater safety lights and me rings along the south breakwater, plus an
Show(ASS} emergency call box, probably won't be getting in line, either.
• Michigan Irish Music
Festival {ASS) "No one at any table I've been at has even brought up the question of ownership,"
·• Muskegon (ASS)
said spokesman Arn Boezaart of the Community Foundation for Muskegon County.
• Muskegon Community
College (ASS) "I think we've got our hands full putting safety equipment on the pier, and we'll leave
• Muskegon County (ASS) the acquisition to others.•
• Muskegon Heights (ASS)
• Muskegon schools (ASS) Recent efforts have been aimed at installing similar safety lights along the
• Muskegon Summer
Celebration 2008 {ASS} Muskegon north breakwater. Those lights have been approved by the Coast Guard
• Muskegon Township (ASS) and the U.S. Army Corps of Engineers, and installation should be complete by
• Newaygo County {ASS} about the first of August, Boezaart said.
• Norton Shores (ASS)
• O:::eana County (ASS)
The Michigan Lighthouse Alliance's list of members does not list any lighthouse
• Ottawa County {ASS)
• Photo gallery (ASS) preservation organization in Muskegon that is comparable to the White River Light
• Primary Candidate Profiles Station Museum or the Sable Point Lighthouse Keepers Association farther north.
(ASS)
• Roadwork (ASS) The GSA, which is the real estate manager for the federal government, is working
• Roosevelt Park (ASS}
with the Coast Guard to find Qualified owners, which could include state or local
httn://hloo- mlivecom/chronicle/2008/06/nrice 1s ri2:ht for buvers of m.html 6/30/2008
Price is right for buyers of Muskegon lighthouses - Muskegon Chronicle - MLive.com Page 2 of 2
• ROTHBURY (ASS) government agencies, nonprofit corporations or community development
• School elections (RSS) organizations.
Sewer break (ASS)
Sgt. Todd A. Singleton
(ASS) Richard E. Balsano, GSA realty specialist, said the new owners must agree to
Slerad2ki (ASS) maintain the lighthouses for park or recreational use or as an educational facility for
Slideshow (ASS) preservation of history or cultural heritage. They will also have to prove they are
Sports News (ASS) financially able to maintain the historic light stations.
Spring Lake (ASS)
,• State News (ASS)
Tigers {ASS) Further details of the llghthouse disposal program can be found on!ine at
Top Photos (ASS) www.cr.nps.gov/marilime.
• Top Picks (ASS)
'.• Top Stories (ASS)
• Tri·Cities (ASS) Letters of inlerestwi!I be received from prospective owners through Aug. 21. They
• Updates {ASS) should be sent to Balsano in care of U.S. General Services Administration, Property
• Video (ASS) Disposal Division, 230 S. Dearborn, Room 3774, Chicago, I!!., 60604.
• Wayne Lee Stevens (ASS)
• Weather (ASS} t~.~-t..I~.i!!.!?.~fJ.~--~.1 -~-e",:i~..I?_~X!!!l:~..§ I -~~r.f!:l~.H.~-~ l!:-.~.~_r:ry}.1"'?.r~l
• West Michigan (ASS) Share: E~~-1.1.( I .Q,i_g9. I ~!>Lt.t?.-.\!.?.1 .Q!?.(>_gl_~_ I Y.'[1;!1.'?.!?.1 f-'[1;9_!!,b_