City Commission Packet 08-11-2009

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  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                   AUGUST 11, 2009
 CITY COMMISSION CHAMBERS @ 5:30 P.M.
                            AGENDA

CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
  A. Approval of Minutes. CITY CLERK
  B. Liquor License Request for Waterworks GR, LLC, 730 Terrace Point
     (Rafferty’s Dockside Restaurant). CITY CLERK
  C. Liquor License Request for Walgreen Co., 1000 S. Getty and 840 W.
     Sherman. CITY CLERK
  D. Renewal of Maintenance Contract with MDOT Trunkline Within the City
     of Muskegon. PUBLIC WORKS
  E. Request the City of Muskegon Pay the Electrical Costs to Light
     Basketball Courts at Clara Shepherd Park. LEISURE SERVICES
  F. Association of Volleyball Professionals (AVP) Tournament – August 21 to
     23, 2009. CITY MANAGER
  G. Revised Family and Medical Leave Act Policy. CIVIL SERVICE
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
ANY OTHER BUSINESS:
   PUBLIC PARTICIPATION:
   Reminder: Individuals who would like to address the City Commission shall do the following:
   Fill out a request to speak form attached to the agenda or located in the back of the room.
    Submit the form to the City Clerk.
   Be recognized by the Chair.
   Step forward to the microphone.
   State name and address.
   Limit of 3 minutes to address the Commission.
   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

   CLOSED SESSION:
   ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD:
(231) 724-4172.
Date:    August 11, 2009
To:      Honorable Mayor and City Commissioners
From:    Ann Marie Becker, City Clerk
RE:      Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, July 28, 2009.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                          JULY 28, 2009
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                 MINUTES
   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, July 28, 2009.
   Mayor Warmington opened the meeting with a prayer from Pastor Penny
Johnson from the Oak-Crest Church of God after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
   Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Clara Shepherd, Lawrence Spataro, Sue Wierengo, Steve
Wisneski, and Chris Carter, City Manager Bryon Mazade, City Attorney John
Schrier, and City Clerk Ann Marie Becker.
2009-64 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the July 13th Commission
Worksession, and the July 14th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Certification of MERS Representatives. FINANCE
SUMMARY OF REQUEST: The MERS plan document provides that “the governing
body for each municipality shall certify the names of two delegates to the
Annual Meeting. One delegate shall be a member who is an officer of the
municipality appointed by the governing body of the municipality. The other
delegate shall be a member who is not an officer of the municipality, elected
by the member officer/employees of the municipality.”
Each City bargaining unit selects a member to attend the MERS annual
meeting. The bargaining units have agreed to a rotating system (based on
date of joining MERS) to select one official employee representative. This year
the employee representative will be Teresa Ackerberg from the Clerical Unit.
FINANCIAL IMPACT: Registration for the MERS conference in Grand Rapids is
$185 per person. Additionally, mileage costs will be incurred.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Certification of Tim Paul and Teresa Ackerberg to be
the City’s officer and employee delegates at the MERS annual meeting in
Grand Rapids September 15 – 17.
      C. Liquor License Request for The Cheese Lady, LLC, 808 Terrace Street.
         CITY CLERK
SUMMARY OF REQUEST:          The Liquor Control Commission is seeking local
recommendation on a request from The Cheese Lady, LLC, to transfer ownership
of the 2009 SDM License with Direct Connection-1 from Kathleen Fagan Riegler,
located at 808 Terrace Street. This request is for purposes of adding the LLC to
the license, the ownership remains the same.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
      D. 2009-2010 Michigan Municipal League Membership Dues. CITY CLERK
SUMMARY OF REQUEST: Approval to pay the 2009-2010 MML dues in the amount
of $9,855.
FINANCIAL IMPACT:
        MML Dues                    $8,078
        Environmental Assessment    $ 969
        Legal Defense Fund          $ 808
        Total                       $9,855
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the Consent Agenda as read minus items E and F.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
            Nays: None
MOTION PASSES
2009-65 ITEMS REMOVED FROM THE CONSENT AGENDA:
      E. Upgrade to Front Entrance of McGraft Park Building. CITY CLERK
SUMMARY OF REQUEST: The City has been awarded a grant in the amount of
$15,750 to replace the doors at McGraft Park so they may be ADA compliant.
The lowest quote was received from Tridonn Construction in the amount of
$15,750 to upgrade the front entrance of the building. The grant requires that
the awardee pay Davis-Bacon wage rate. This quote does not include Davis-
Bacon wage rate. Staff is asking authorization to negotiate the Davis-Bacon
wage rate within the bid.
Automatic Equipment Sales & Service, Inc. was the lowest quote in the amount
of $3,434 to supply and install automatic door openers.
FINANCIAL IMPACT: $3,434 match.
BUDGET ACTION REQUIRED: The funds will come out of the ADA budget.
STAFF RECOMMENDATION: It is requested that staff be authorized to negotiate
to incorporate Davis-Bacon wage rate within the bid and execute the contracts
with Tridonn and Automatic Equipment Sales & Services, Inc. if it is found to be
acceptable. It is also recommended that the Mayor be authorized to execute
the grant.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the upgrade to the front entrance of McGraft Park building and accept the grant
money.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
            Nays: None
MOITON PASSES
      F. Special Event – Multiple Liquor License Request for 2009 AVP Crocs
         Tour, Muskegon Open. LEISURE SERVICES
SUMMARY OF REQUEST: The AVP Pro Beach Volleyball Tour, Inc., 6100 Center Dr.,
Los Angeles, CA is requesting a temporary liquor license to set up an adult
beverage tent at their professional volleyball tournament to be held at Pere
Marquette beach from August 20 through August 23, 2009. The Muskegon
Yacht Club was previously approved for a temporary alcohol license on August
21 through August 23, 2009.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The request was recommended for approval by the
Leisure Services Board at their July 20, 2009, meeting.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the special event multiple liquor license request for the 2009 AVP Crocs Tour,
Muskegon Open.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, and Spataro
            Nays: Warmington
MOTION PASSES
2009-66 PUBLIC HEARINGS:
      A. Establishment of a Commercial Rehabilitation District – 971 Washington
         Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 210 of 2005, as amended, Fatty
Lumpkins, 971 Washington Avenue, has requested the establishment of a
Commercial Rehabilitation District. The creation of the district will allow the
building owner to apply for a Commercial Rehabilitation Certificate. The
Commercial Rehabilitation Tax freezes the taxable value of the building and
exempts the new investment from local taxes. The school operating tax and the
State Education Tax (SET) are still levied on the new investment. Land and
personal property cannot be abated under this act.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Establishment of the Commercial Rehabilitation
District at 971 Washington Avenue.
The Public Hearing opened to hear and consider any comments from the
public. Applicant - Brett Gilbert, 2255 Castle, Muskegon, explained his request.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and approve the establishment of a Commercial Rehabilitation
District at 971 Washington Avenue.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
            Nays: None
MOTION PASSES
      B. Request for a Commercial Rehabilitation Certificate for Fatty Lumpkins.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 210 of 2005, as amended, Fatty
Lumpkins, 971 Washington Avenue, has requested the issuance of a Commercial
Rehabilitation Certificate. The Sandwich Shop plans on investing $5,000 in
building upgrades and creating six new jobs. This qualifies them for seven year
abatement according to the City of Muskegon Commercial Rehabilitation
Policy.
FINANCIAL IMPACT: The real property taxes would be frozen at their pre-
rehabilitated rate for the duration of the certificate.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:            Approval of the Commercial Rehabilitation
Certificate for a duration of seven years.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Carter, second by Commissioner Wierengo to close the
Public Hearing and approve the request for a Commercial Rehabilitation
Certificate for Fatty Lumpkins.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
            Nays: None
MOTION PASSES
      C. Request for an Industrial Facilities Exemption Certificate for Johnson
         Technology. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Johnson Technology, 2034 Latimer Drive, has requested the issuance of an
Industrial Facilities Tax Exemption Certificate. The company plans on investing
$2,900,000 in real property improvements, which qualifies them for a 12 year
abatement.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIERD: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of 12 years on real property.
The Public Hearing opened to hear and consider any comments from the
public.  Tom Jassick, 7708 Heights Ravenna Road, Ravenna, Director of
Operations at Johnson Technology answered questions.
Motion by Commissioner Wisneski, second by Commissioner Shepherd to close
the Public Hearing and approve the resolution granting an Industrial Facilities
Exemption Certificate for a term of 12 years on real property for Johnson
Technology.
ROLL VOTE: Ayes:     Gawron, Shepherd,      Spataro,   Warmington,   Wierengo,
           Wisneski, and Carter
            Nays: None
MOTION PASSES
      D. Request for Exemption of New Personal Property (PA 328) for Johnson
         Technology. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 328 of 1998, as amended,
Johnson Technology, 2034 Latimer Drive has requested an exemption of new
personal property. The company plans on investing $11,200,000 in personal
property improvements and is asking Commission to determine the length of the
abatement.
FINANCIAL IMPACT: The City will forgo 100% of the personal property taxes for
the length of the abatement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:           Approval of the exemption of new personal
property for a duration of 12 years.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Wisneski, second by Commissioner Carter to close the
Public Hearing and approve the exemption of new personal property for a
duration of 12 years for Johnson Technology.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
           and Gawron
           Nays: None
MOTION PASSES
2009-67 NEW BUSINESS:
     A. Police Patrol Retirement Incentive. CITY MANAGER
SUMMARY OF REQUEST: To provide a retirement incentive limited to one person
(Ken Wansten) in the Police Patrol Unit. This incentive could encourage one
person to retire and, thereby, limit the number of layoffs otherwise necessary
due to budget constraints. It would also save the City money otherwise spent
on unemployment compensation.
FINANCIAL IMPACT: $5,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the retirement incentive, the associated
document, and authorize the City Manager to sign it.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the Police Patrol retirement incentive as described.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
           Nays: None
MOTION PASSES
     B. Prosecution Services. CITY MANAGER
SUMMARY OF REQUEST: To consider an agreement with the County of
Muskegon and the Muskegon County Prosecutor to provide prosecution
services to the City.
FINANCIAL IMPACT: $86,377 for 8/01/09 through 7/31/10.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement, authorize the Mayor to
execute it, and authorize staff to make necessary arrangements with the City
Attorney to discontinue these services.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the contract for prosecution services with Muskegon County
Prosecutors Office.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Gawron, Shepherd, and
           Spataro
            Nays: Carter
MOTION PASSES
      C. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish 529 Mulder Street. PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structure located at 529
Mulder Street is unsafe, substandard, a public nuisance and that it be
demolished within 30 days. It is further requested that administration be directed
to obtain bids for the demolition of the structure and that the Mayor and City
Clerk be authorized and directed to execute a contract for demolition with the
lowest responsible bidder.
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 529 Mulder Street.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:35 p.m.


                                            Respectfully submitted,




                                            Ann Marie Becker, MMC
                                            City Clerk
Date:      August 11, 2009
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Becker, City Clerk
RE:        Liquor License Request
           Waterworks GR, LLC
           730 Terrace Point
           (Rafferty’s Dockside Restaurant)




SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Waterworks GR, LLC to
transfer ownership of 2009 Class C and SDM Licensed Business
located in Escrow with Entertainment Permit without Dressing Rooms,
Dance Permit, Outdoor Service Area (1 Area), Official Permit (Food),
and 3 Bars from Key Food & Equipment Company (Rafferty’s), and
request to change the Existing Entertainment without Dressing Rooms
to Dance-Entertainment Permit and requests New Official Permit
(Dance-Entertainment & Food) for weekdays, 5:00 a.m. to 7:00 a.m. and
Sundays, 5:00 a.m. to 12:00 p.m., and add Enlarge Outdoor Area.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION:           All departments are recommending
approval.
Date:      August 11, 2009
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Becker, City Clerk
RE:        Liquor License Request
           Walgreen Co.
           1000 S. Getty and 840 W. Sherman




SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Walgreen Co. for two new
SDM Licenses, one to be located at 1000 S. Getty Street and the other
one to be located at 840 W. Sherman.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION:           All departments are recommending
approval.
                       AGENDA ITEM NO.

           CITY COMMISSION MEETING


TO:            Honorable Mayor and City Commissioners

FROM:          Department of Public Works

DATE:          August 11, 2009

SUBJECT:       Renewal of Maintenance Contract with MDOT
               Trunkline within the City of Muskegon


SUMMARY OF REQUEST:

The Michigan Department of Transportation (MDOT) seeks to renew its contract with the City
of Muskegon for road maintenance on State Highways located within the City of Muskegon.

The City of Muskegon designates Mohammed Al-Shatel, its Deputy Director of Public Works,
as the Maintenance Superintendent on state trunkline highways, and authorizes him and Ann
Marie Becker, City Clerk, to execute this contract on the City’s behalf.

This is a five-year, renewable contract.

FINANCIAL IMPACT:

Our annual contract with MDOT is approximately $221,000.

BUDGET ACTION REQUIRED:

None.

STAFF RECOMMENDATION:

Recommend approval of five-year contract and the designation of Mohammed Al-Shatel as the
Maintenance Superintendent, and authorize him and Ann Marie Becker, City Clerk, to execute
the contract on the City’s behalf.

COMMITTEE RECOMMENDATION:
                         Resolution No.


                        MUSKEGON CITY COMMISSION


      RESOLUTION DESIGNATING MAINTENANCE SUPERINTENDENT
                  ON STATE TRUNK LINE HIGHWAYS
                              AND
      OFFICIALS AUTHORIZED TO SIGN MICHIGAN DEPARTMENT OF
             TRANSPORTATION MAINTENANCE CONTRACT


WHEREAS, the Michigan Department of Transportation has affirmatively found
that contracting with municipalities for the maintenance of state trunk lines and
bridges within its jurisdiction is in the best public interest; and

WHEREAS, 1925 PA 17 Section 2, MCL 250-61 et seq; MSA 9.902 authorizes
the Michigan Department of Transportation MDOT to contract with municipalities
for the construction, improvement, and/or maintenance of State trunk line
highways; and

WHEREAS, the Michigan Department of Transportation has presented to the
City of Muskegon a maintenance contract, the term of which is October 1, 2009
through September, 30, 2014; and

WHEREAS, the City of Muskegon desires to enter into this agreement; and

WHEREAS, the City of Muskegon must designate a Maintenance Superintendent
on State trunk line highways, one who will supervise all work covered by the
contract; and

WHEREAS, the City of Muskegon must designate City of Muskegon officials
authorized to sign the maintenance contract.

NOW THEREFORE BE IT RESOLVED THAT, the Muskegon City Commission
of the City of Muskegon, Michigan that:

      1.    Mohammed Al-Shatel, Deputy Director of Public Works, is
            designated as the Maintenance Superintendent on State trunk line
            highways, as applies to this contract.
        2.     Mohammed Al-Shatel, Deputy Director of Public Works, and Ann
               Marie Becker, City Clerk, are authorized to sign this contract.


Adopted this 11th day of August, 2009.

Ayes:

Nays:

Absent:


                                     By: _______________________________
                                            Stephen J. Warmington
                                            Mayor


                                     Attest: ____________________________
                                             Ann Marie Becker
                                             City Clerk, MMC




I hereby certify that the foregoing constitutes a true and complete
copy of a resolution adopted by the City Commission for the City of Muskegon,
County of Muskegon, Michigan, at a regular meeting
held on August 11, 2009.


                                               ____________________________
                                               Ann Marie Becker
                                               City Clerk, MMC




08/11/09
(L/Word/Commission//2009-2014 MDOT Contract)
Date:          August 3, 2009
To:            Honorable Mayor and City Commissioners
From:          Lowell Kirksey, Recreation Supervisor
RE:            Request the City of Muskegon pay the electrical
               costs to light basketball courts at Clara Shepherd
               Park
__________________________________________________________________
SUMMARY OF REQUEST: The Public Health Department of Muskegon County
received funding from the Michigan Department of Community Health’s “Building
Healthy Communities” program. The Nelson Neighborhood was awarded a grant
focusing on improving health in the community. A community survey and
assessment was done which determined that the installation of lights at the Clara
Shepherd Park Basketball courts will improve opportunities and extend physical
activities during the evening hours. The grant will cover installation costs of lights,
labor, materials, equipment, fixtures, excavation, and permits. Approval of annual
electrical costs during the dates of operation is requested.


FINANCIAL IMPACT: Estimated costs to the City of Muskegon for two 35’ wood
poles with two light fixtures attached burning 1500 watts each is $17.00 per pole for
each month of operation.

Public Health Muskegon County will reimburse the City of Muskegon for all
installation costs of the lights; including labor, materials, equipment, fixtures,
excavation, and permits.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: Staff recommends approval.

COMMITTEE RECOMMENDATION: The Leisure Service Board approved the
recommendation at their July 20, 2009 meeting.
                              AGENDA ITEM NO. ______________

                   CITY COMMISSION MEETING ____________________



TO:          Honorable Mayor and City Commissioners

FROM:        Bryon L. Mazade, City Manager

DATE:        August 5, 2009

RE :         Association of Volleyball Professionals (AVP) Tournament – August 21-23, 2009



SUMMARY OF REQUEST:
To approve waiving costs of providing city services (except any police services for the alcohol
service) for the AVP event on August 21-23, 2009.



FINANCIAL IMPACT:
Minimal cost to the City.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To waive the costs of City services (except police services for the alcohol) and authorize City
staff to enter into an agreement with the AVP for the event.



COMMITTEE RECOMMENDATION:
None.




pb\AGENDA\AVP 080509
                                        AGENDA ITEM

                                CITY COMMISSION MEETING
                                         August 5, 2009


TO:            Honorable Mayor and City Commissioners

FROM:          Karen Scholle, Civil Service Personnel Director

DATE:          August 5, 2009

RE:            Revised Family and Medical Leave Act Policy


SUMMARY OF REQUEST:
        Pursuant to the January 16, 2009, federal revisions to the Family and Medical Leave
        Act, Civil Service modified the City’s FMLA policy to come into compliance with the
        amended act. The Civil Service Commission approved and adopted the revised policy at
        its July 2, 2009 meeting. Since the City Commission approved and adopted the 1993
        policy, staff requests approval and adoption of the revised policy to replace the 1993
        policy of record.


FINANCIAL IMPACT:
        None


BUDGET ACTION REQUIRED:
        None


COMMITTEE RECOMMENDATION:
        N/A


STAFF RECOMMENDATION:
        Staff respectfully requests approval and adoption of the revised FMLA policy to replace
        the previously adopted 1993 policy to bring the City in compliance with the FMLA’s
        requirements.
                                                 CITY OF MUSKEGON

                                         Family and Medical Leave Act Policy


   The City of Muskegon is required to comply with the Family and Medical Leave Act (FMLA). As the
employer, the City reserves the right to designate FMLA leave for any eligible employee. Following the
expiration of protected leave, if extended leave is requested, the employer will determine whether non-
FMLA leave ought to apply.

General Provisions
   Under the Family & Medical Leave Act of 1993, eligible employees may take job-protected leave for
certain family-related, medical, or military-related reasons. As described below, leave entitlements vary
depending upon the reason for the leave.
   Eligible employees are those working for the City:
   1. for a total of 12 months, or 52 weeks. (The 12 months, or 52 weeks, need not be consecutive. An
      employee on the payroll for only part of a week or on leave during the week will be considered as
      employed for an entire week.);
   2. at least 1,250 hours during the 12-month period immediately before the date the employee
      requests the leave to begin;
   3. within 75 miles of at least forty-nine (49) other City employees.
    Employees are eligible for paid, unpaid, or a combination of paid and unpaid leave, depending on the
circumstances of the leave and as specified in this policy.
   The City tracks leave according to a 12-month period. Except as provided below, the 12-month period
used for tracking FMLA leave looks forward 12 months from the date of any leave usage.
   Only those employees meeting the above requirements are eligible for FMLA leave. (Note: Employees
may be eligible for other types of leave as provided for under leave provisions of the Civil Service Rules
and Regulations or applicable union contracts.)

Leave Entitlements
  An eligible employee shall be entitled to a total of 12 weeks of leave during any 12-month period for one
or more of the following reasons:
   1. Because of the birth of a son or daughter of the employee and in order to care for such son or
        daughter;
   2. Because of the placement of a son or daughter with the employee or adoption or foster care;
   3. In order to care for the spouse, son, daughter, or parent of the employee if such spouse, son,
        daughter or parent has a serious health condition;
   4. Because of a serious health condition that makes the employee unable to perform the functions of
        the position of employee; or
   5. Because of any qualifying exigency arising out of the fact that the spouse, or a son, daughter,
        parent, or next-of-kin of the employee is on active duty (or has been notified of an impending call
        or order to active duty) in the Armed Forces in support of a contingency operation.

Total Leave Entitlement
    Leave taken for all categories of family, medical, and military leave will be combined toward the
applicable 12-week or 26-week entitlements outlined in this policy. Where a husband and wife both work
for the City of Muskegon, their merged FMLA limit is 12 weeks of leave due to birth, adoption, or
FAMILY AND MEDICAL LEAVE ACT POLICY
Page 2


placement of a child for foster care or to care for a parent with a serious health condition; and 26 weeks
to deal with a qualifying exigency or to care for a family member with serious injury or illness arising out of
their military service.

Expiration of Leave Entitlements
  The entitlement to leave under Reasons No. 1 and No. 2, for the birth or placement of a son or
daughter, expires at the end of the 12-month period beginning on the date of such birth or placement.
Leave due to the birth, adoption, or placement of a child is allowable on a reduced schedule or
intermittent basis with the approval of the employee’s supervisor and department/division head.
    Service-related Family Leave: An eligible employee who is the spouse, son, daughter, parent, or next-
of-kin of a covered service member is entitled to a total of 26 work weeks of leave during a single
12-month period to care for the service member. The leave described in this paragraph is available during
a single 12-month period beginning from the first date of leave. Leave is allowable in a single block of
time, intermittently, or on a reduced-schedule basis.
    Combined Leave Total: During the single 12-month period described in Service-related Family Leave,
an eligible employee shall be entitled to a combined total of 26 workweeks of leave under Family &
Medical Leave and Service-related Family Leave.

Serious Health Condition
    A serious health condition is an illness, injury, impairment, or physical or mental condition that
involves:
1. Overnight inpatient care in a hospital, hospice, or residential medical care facility including any period
   of incapacity (a period of incapacity involving the inability to work, attend school or perform other
   regular daily activities due to the serious health condition, treatment, or recovery) or subsequent
   treatment in connection with the inpatient care;
2. Continuing treatment by a healthcare provider, including:
    A period of incapacity of more than three (3) consecutive calendar days and any subsequent
   treatment or period of incapacity relating to the same condition that involves:
          (i) Treatment by a healthcare provider on at least one occasion which results in a regimen of
               continuing treatment under the supervision of the healthcare provider;
         (ii) Any period of incapacity due to pregnancy or for prenatal care;
         (iii) Any period of incapacity or treatment for such incapacity due to a chronic serious health
               condition;
         (iv) A period of incapacity which is permanent or long-term due to a condition for which treatment
               may not be effective and the employee or family member is under the continuing supervision
               of a healthcare provider; or
          (v) Any period of absence for multiple treatments by a healthcare provider and recovery for
               restorative surgery after an accident, injury, or a condition likely resulting in a period of
               incapacity of more than three consecutive calendar days.
Treatment includes examinations to determine if a serious health condition exists and evaluations of the
condition also are covered; routine physical examinations, eye examinations, or dental examination are
not covered.
    Where medically necessary, leave due to a serious health condition may be taken on a reduced
schedule or intermittent basis. Where an employee takes leave for planned medical treatment on an
intermittent or reduced scheduled basis, the employee must make a reasonable effort to work with the
City to schedule such leave so as not to disrupt the City’s operations. Reduced schedule or intermittent
leave may not exceed 12 weeks in aggregate and must be completed within one year of the beginning of
the leave.
    If an employee requests intermittent or reduced leave schedule that is foreseeable based on planned
medical treatment, the City may require the employee to temporarily transfer to an available alternative
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position for which the employee is qualified that has equivalent pay and benefits and better
accommodates recurring periods of leave than the regular position of the employee.

Military-Related Leave
    Employees are eligible for up to 12 weeks of leave because of a “qualifying exigency” arising out of
the fact that a spouse, parent or child of the employee is on active duty or has been notified of an
impending call or order to active duty in the National Guard, the Reserves, or retired Armed Forces in
support of a contingency operation. Qualifying exigencies relate to the active duty or call or order to active
duty and include such things as attending to legal and financial matters; providing urgent childcare or
making alternative schooling or childcare arrangements; attending or participating in certain non-medical
counseling sessions; attending military events; attending post-deployment and reintegration briefings;
spending time with a military member who is on short-term rest and recuperation leave during
deployment; and addressing issues that arise due to short-notice call or order to active duty. Leave is
available as a single block of time, intermittently, or on a reduced-schedule basis.
    Eligible employees may take up to 26 weeks of leave during a 12-month period to care for a family
member (spouse, child, parent, or next-of-kin) who is a member of the Armed Forces, the National Guard,
or the Reserves and who is undergoing medical treatment, recuperation, or therapy; is otherwise in
outpatient status; or is on the temporary disability retired list for a serious injury or illness incurred in the
line of active duty.

Duties of Employees
    In any case in which the necessity for leave is foreseeable based on the expected birth or placement
of a son or daughter, the employee shall provide not less than 30 days notice before the date the leave is
to begin of the employee’s intention to take leave. When the date of the birth or placement calls for leave
to begin in less than 30 days, then the employee shall provide notice as is practicable.
    In cases where leave is necessary to care for the employee’s spouse, son, daughter or parent
because of a serious health condition that makes the employee unable to perform the functions of his/her
position, or for an eligible employee to care for a family service member and the leave is foreseeable
based on planned medical treatment, the employee shall provide the City 30 days notice before the leave
is to begin. If the date of treatment requires leave to begin in less than 30 days, the employee shall
provide notice as is practicable.
    Employees must make a reasonable effort to schedule treatment so as not to disrupt the operations of
the City of Muskegon, subject to the approval of the appropriate healthcare provider.
    Subject to the above, employees must comply with the City’s normal absence notification
procedures as provided by collective bargaining agreement or policy, as applicable. Failure to
provide timely notice of absence may result in the delay of leave approval. When the need for leave is
unforeseeable, the employee or someone on the employee’s behalf must notify the City. The caller needs
to provide as much information as possible about the reason for the absence in order to make a proper
and timely inquiry as to whether the absence qualifies for leave under this policy. Please note that
calling in “sick” is not sufficient.
    When an employee is approved for intermittent FMLA leave and uses time off for the FMLA leave
basis, the employee must specifically report that his/her absence is for that particular FMLA leave reason
or state that s/he is taking FMLA leave at the time of absence notification.

Certification
    When the need for leave is due to an employee’s or a family member’s serious health condition or is
military-related, the City requires certification of the need for the leave and its duration, schedule of
intermittent leave, or reduced leave schedule on a form supplied by the City’s Civil Service Department.
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This certification must be completed and returned to the City within 15 days of when it was provided to
the employee, with the employee responsible for any charges incurred for completion of the certification
forms. Certification may be requested to be returned directly to the City.
   While off work on leave, the City may request verification of continued need for leave and intent to
return to work. Failure to provide timely notice of the required certification may result in the delay of
continued leave or the denial of leave with any absences counted as unexcused absences for attendance
purposes.

Second Opinion
   Whenever the City has reason to doubt the validity of the certification provided by an employee, the
City may require--at the City’s expense--that an employee obtain the opinion of a second healthcare
provider designated or approved by the City concerning any information certified for leave.
   In any case where the second opinion differs from the original certification opinion, the City may
require--at the expense of the City--that an employee obtain a third healthcare provider opinion
designated or approved by both the City and the employee concerning the information certified for leave.
The opinion of the third healthcare provider will be final and binding on the City and the employee.

Employer Notice
    If an employee requests leave, the City will inform him/her if s/he is eligible for leave under the FMLA.
If an employee is eligible, the City sends a personalized notice to him/her specifying any additional
information required as well as the employee’s rights and responsibilities. If an employee is ineligible, the
City sends a personalized notice to the employee informing him/her and giving the reason(s) for such
ineligibility. Additionally, the City informs the employee of FMLA designated leave and, if known, the
amount of leave counted against the employee’s total leave entitlement.

Employment and Benefits Protection
Restoration to Position
   Eligible employees on an approved leave and returning to work by the expiration of their designated
   leave period are entitled:
   1. To be restored to the position of employment held when his/her leave began; or
   2. To be restored to an equivalent position with equivalent benefits, pay, and other terms and
        conditions of employment.
Loss of Benefits
    Taking FMLA leave shall not result in the loss of any employment benefit accrued prior to the date that
 the leave began.
Maintenance of Health Benefits
   During any period an eligible employee takes leave, the City will maintain coverage under any “group
 health plan” for the duration of the leave and at the level of coverage provided had the employee
 continued employment. To maintain healthcare coverage during an approved leave, employees must
 continue to pay the regular required employee contribution. If an employee fails to make the required
 contribution, healthcare coverage may terminate and coverage may continue under COBRA.
    Employees who fail to return from an FMLA leave or who terminate within 30 days of returning to work
 may be required to reimburse the City for any insurance premiums paid on their behalf during the FMLA
 leave.
   Note: Some benefits (for example, elective life and disability insurance, leave accruals during unpaid
leave time, and cash payments chosen by the employee instead of group health insurance coverage) will
not continue during an FMLA leave. Employees will not receive holiday pay while on leave unless they
are on the payroll for the purpose of utilizing accrued paid vacation, personal, or sick leave time. In all
FAMILY AND MEDICAL LEAVE ACT POLICY
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cases benefits and seniority will accrue and continue or not accrue or not continue according to existing
City policy and/or the applicable collective bargaining agreement.
   In certain circumstances, disability benefits or workers’ compensation benefits may be available during
FMLA leave.
Workers’ Compensation and Disability Leave
    Employees unable to work due to occupational injury or illness or personal disability who also are
eligible for FMLA leave shall have up to 12 weeks of the non-working portion of the approved recovery
period, including any required waiting period, count concurrently as FMLA leave. FMLA leave also may
be granted to an employee while his/her workers’ compensation or disability leave request is under
review. The granting of FMLA leave during the review period will have no bearing on the approval or
disapproval of an employee’s FMLA leave request.
Use of Paid Time Off:
  With the exception of sick leave use for Service Member Family Leave for next-of-kin, the City requires
employees to use all available paid time off concurrently as qualifying FMLA time toward the 12- or 26-
week limit for the following situations:
   1.    Because of the birth of a son or daughter of the employee and in order to care for such son or
        daughter;
   2.   Because of the placement of a son or daughter with the employee or adoption or foster care;
   3.   In order to care for the spouse, son, daughter, or parent of the employee if such spouse, son,
        daughter or parent has a serious health condition;
   4.   Because of a serious health condition that makes the employee unable to perform the functions of
        the position of employee.
   5.   Service-related Family Leave.
In other words, FMLA leave always will begin with paid time off as available until the expiration of all
existing paid time off, including all accrued sick, vacation, and personal leave balances before going on
unpaid leave.
  After exhausting paid leave, unpaid FMLA leave continues until the conclusion of the protected 12-
week time limit.
   Pursuant to the Code of Federal Regulations Title 29, Part 825.207 of The Family and Medical Leave
Act of 1993 employers may not require employees to use compensatory time as a substitute for unpaid
FMLA leave. Employees may request to use compensatory time for a FMLA-qualifying event; however, if
granted, it shall not be counted toward the employee’s 12-week FMLA leave entitlement.
  Whether FMLA leave is paid, unpaid, or a combination, the employee is entitled to only 12 weeks of
FMLA leave within the forward looking12-month period, as applicable.

Other Employment
   An employee on an approved leave of absence due to an inability to perform his/her work because of
the employee’s own serious health condition may not engage in any other work or type of employment
during such leave of absence.

Return from Leave
   Employees on FMLA leave may be required to report periodically on their status and intent to return to
work. Employees are not required to take more FMLA leave than necessary to resolve the
circumstance(s) that precipitated the need for leave but must provide the City two business days’ notice
of their intent to return to work. Employees returning to work from leave for the employee’s own serious
health condition (other than intermittent leave) will be required to present certification from their
FAMILY AND MEDICAL LEAVE ACT POLICY
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healthcare provider of their ability to resume work or as provided by an applicable collective bargaining
agreement. The cost of such certification shall be the responsibility of the employee.
   If an employee fails to provide the requested fitness-for-duty certification to return to work, the City may
delay restoration until the employee submits the certificate.
   Any employee who fraudulently obtains FMLA leave from the City is NOT entitled to job restoration or
maintenance of health benefits provisions under the FMLA.
    Additionally, the City may deny return from leave to any employee whose annual salary places the
employee among the highest paid 10% of all City personnel, provided the employee received notification
of his/her “key employee” status and of the City’s intent to deny reinstatement on the “key employee”
basis.
   Notices posted in City Hall, the Police Department, the Department of Public Works building, the Water
Filtration Plant, all City Fire Stations, and the Civil Service Office provide additional information about the
FMLA.


Amended 03/24/09
Adopted by CSC 7/2/2009
Effective 08/10/2009

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