View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 9, 2018 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
Medicaid CHIP Community Development Lead Hazard Control Program –
2019 Community and Neighborhood Services
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Farmer’s Market Metal Roof Ice Retention City Clerk
C. 2018 Blower Purchase DPW/Cemetery
D. Evanston & Oak Grove Sewer Lining DPW
E. Replacement Pump for Getty Street Lift Station DPW
F. City-MDOT Agreement; Remembrance Drive Construction & Maintenance
Engineering
G. Evaluate Wastewater Collection System DPW
H. Municipal Water Supply Agreement-First Amendment City Manager
I. SEIU Collective Bargaining Agreement – Clerical Division City
Manager
□ PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate – KLO Acquisition
Planning & Economic Development
□ COMMUNICATIONS:
Page 1 of 2
□ 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 MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: October 4, 2018
Here is a quick outline of the items on our very full agenda(s):
WORK SESSION
1. Dave Alexander will be in attendance to give the Commission an update on happenings
downtown.
2. Staff has come to a tentative agreement with the SEIU clerical unit related to their
contract, which is expiring at the end of 2019. You’ll notice similar themes in this contract
as we have seen in others (pension changes, vacation changes, residency bonuses, etc.).
This group has historically be one of the lower compensated groups. As part of this
agreement, we are implementing a wage realignment that eliminates the five lowest
steps in the wage scale. Previously, we have had to start our clerical staff at $12.98 an
hour, and that has made it difficult to attract talent in today’s job market. The new
agreement will allow us to start clerical staff at $15.60 an hour and top out at $20.26 an
hour. For comparison purposes, a laborer in the public works department will start at
$17.24 an hour in 2019 and top out at $19.85 an hour.
3. Staff is asking that the Commission consider making an amendment to the water supply
agreement with Roosevelt Park, North Muskegon, and Muskegon County. We are asking
to a temporary reduction in the multiplier charged to these municipalities.
4. We need to have a conversation about the roof and HVAC/Dehumidification at the arena.
We have about $1.5 Million in repairs needed.
5. Staff would like to have a discussion on attached housing in the downtown and near
downtown neighborhoods. This topic is also on the Planning Commission agenda. Staff
is looking for a little direction to follow over the next 1-5 years. Staff believes that our
downtown neighborhoods can and should support a wide variety of housing – both
market rate and income restricted. Projects like affordable housing (especially LIHTC-
funded housing) typically needs to be planned/approved a number of years before it can
be completed and made available to residents; knowing that, if we believe there is a need
for this type of housing in the next five years, decisions would likely be needed in 2019
and 2020.
6. The season is coming to an end at Fisherman’s Landing. We’d like to talk about how the
season went and how we think we can further improve the camping experience in
Muskegon.
REGULAR MEETING
1. Under Honors and Awards Oneata will be here to talk about the city’s new lead grant.
2. Under the Consent Agenda, we are asking the Commission to consider the following:
a. Approval of meeting minutes from the most-recent City Commission meeting.
b. Authorization to purchase and install ice protection equipment for the farmer’s
market roof.
c. Purchase of a leaf blower for the public works department
d. Authorization to enter into an agreement to undertake sewer lining on Evanston
and Oak Grove sewers.
e. Authorization to replace a pump at the Getty Street Lift Station
f. Authorization to enter into a construction and maintenance agreement with
MDOT for Remembrance Drive.
g. Authorization to begin waste water collection system evaluation.
h. Approval of first amendment to the municipal water supply agreement.
i. Approval of the collective bargaining agreement with SEIU – Clerical Division.
3. Under Public Hearings we will accept comments and are requesting approval of a
resolution granting an Industrial Facilities Exemption Certificate for KLO Acquisitions for
a term of twelve (12) years for real property.
Let me know if you have any questions/comments/concerns
Date: October 3, 2018
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the September 25, 2018
Regular Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 25, 2018 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, September 25, 2018. Mr.
George Monroe, Evanston Avenue Baptist, opened the meeting with prayer,
after which the Commission and public recited the Pledge of Allegiance to the
Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood Commissioners
Ken Johnson, Byron Turnquist, Willie German, Jr., Debra Warren, and Dan
Rinsema-Sybenga, Acting City Manager Beth Lewis, City Attorney John Schrier,
and City Clerk Ann Meisch.
2018-70 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the September 10, 2018
Worksession and September 11, 2018 Regular Meetings.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Fleet Vehicle Replacement – Chevy 1 Ton 3500 Cab and Chassis
DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one Chevy 1-ton 3500 Cab and Chassis coming from Berger Chevrolet
off the Oakland County Contract, the lowest available price. The Equipment
Division is also requesting permission for Arista Truck Systems to build and install
the construction bed for this vehicle. $28,803.00 will be coming from the
Equipment Department Budget for the Cab and Chassis along with $9,553.00 for
Page 1 of 5
the construction bed for a total purchase of $38,356.00.
FINANCIAL IMPACT: $38,356.00
BUDGET ACTION REQUIRED: None. Amount is what was budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase one Chevy 1-ton 3500
construction truck from Berger Chevrolet.
C. Fleet Vehicle Replacement – Chevy Colorado Pickup DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one Chevy Colorado pickup coming from Berger Chevrolet off the
Oakland County Contract, the lowest available price. The price of this vehicle is
$33,216.00 coming from the Equipment Division Budget.
FINANCIAL IMPACT: $33,216.00
BUDGET ACTION REQUIRED: None. Amount is what was budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase one Chevy Colorado
pickup truck from Berger Chevrolet.
D. Fleet Vehicle Replacement – 2019 International Plow Truck Cab and
Chassis DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one 2019 International plow truck cab and chassis coming from West
Michigan International the State Mi-Deal contractor for a price of $88,487.08. We
are requesting that Arista Truck Systems build the dump body and underbody
plow for an additional price of $63,994.00 coming from what was budgeted
from the Equipment Division Fund.
FINANCIAL IMPACT: $152,481.08
BUDGET ACTION REQUIRED: None. Amount is what was budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase one 2019
International Plow truck cab and chassis and Arista Truck systems to build the
Dump body and underplow body.
E. Fleet Vehicle Replacement – Three (3) Chevy ½ Ton Pickups
DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase three Chevy ½ ton pickup trucks coming from Berger Chevrolet off the
Oakland County Contract, the lowest available price. $35,704.00 per vehicle will
be coming from the Equipment Department Budget.
FINANCIAL IMPACT: $35,704 x three for a total of $107,112.00
BUDGET ACTION REQUIRED: None. Amount is what was budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase three Chevy ½ ton
Page 2 of 5
pickups from Berger Chevrolet.
H. Remembrance Drive Construction and Maintenance Engineering
REMOVED PER STAFF REQUEST
I. Termination of Purchase and Option Agreement – Port City Construction
City Manager
SUMMARY OF REQUEST: To authorize the City Manager to sign the Termination
of Purchase and Option Agreement with Port City Construction regarding 880
First Street.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To authorize the City Manager to sign the
Agreement.
Motion by Commissioner Johnson, second by Commissioner Warren, to approve
the consent agenda as presented, except items F & G.
ROLL VOTE: Ayes: Gawron, Hood, Warren, German, Rinsema-Sybenga,
Turnquist, and Johnson
Nays: None
MOTION PASSES
2018-71 ITEMS REMOVED FROM CONSENT:
F. Resolution of Authority to Sign Street Lighting Contracts with Consumers
Energy Department of Public Works
SUMMARY OF REQUEST: Approve the resolution of authority to sign contracts
with Consumers Energy to facilitate modifications to no more than 10 street lights
per contract.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the resolution.
Motion by Commissioner German, second by Commissioner Johnson, to
approve the resolution of authority to sign contracts with Consumers Energy to
facilitate modifications to no more than 10 street lights per contract.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
Nays: None
MOTION PASSES
Page 3 of 5
G. Resolution for Designation of Street Administrator Department of Public
Works
SUMMARY OF REQUEST: Approve the resolution to designate LeighAnn Mikesell,
Director of Municipal Services, as the street administrator in all transactions with
the Michigan Department of Transportation.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the resolution.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to approve the resolution to designate LeighAnn Mikesell, Director of Municipal
Services, as the street administrator in all transactions with the Michigan
Department of Transportation.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
2018-72 NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish Public Safety
2084 Morton Avenue (garage only)
987 E. Forest Avenue (garage only)
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within thirty (30)
days or infraction tickets may be issued. It is further requested that administration
be directed to obtain bids for the demolition of the structures and that the
Mayor and City Clerk be authorized and directed to execute contracts for
demolition with the lowest responsible bidder or staff may issue infraction tickets
to the owner, agent or responsible party if they do not demolish the structure.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Turnquist,
to concur with the Housing Board of Appeals decision to demolish.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
Page 4 of 5
Hood, and Warren
Nays: None
MOTION PASSES
B. DDA On-Premise Liquor License for Rolf’s Barbeque, LLC Planning &
Economic Development
SUMMARY OF REQUEST: To approve the Resolution for a Downtown
Development Authority On-Premise Liquor License for Rolf’s Barbecue, LLC. The
Liquor Control Commission allows for additional liquor licenses within Downtown
Development Authority Districts under certain conditions.
FINANCIAL IMPACT: Approving the Liquor License will allow for a new
restaurant in the downtown area which should result in increased revenue for
the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to approve the resolution.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Warren, and German
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner German commented that the MML
Conference was very informative and Commissioner Johnson thanked Mike
Franzak for his presentation at Nelson and Nims Neighborhood meetings.
PUBLIC PARTICIPATION: No public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:30 p.m.
Respectfully Sumbitted,
Ann Marie Meisch, MMC – City Clerk
Page 5 of 5
Date: October 8, 2018
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Farmers Market Metal Roof Ice Retention
SUMMARY OF REQUEST: The barn of the Farmers Market hosts the indoor market in the
winter time. The roof design causes snow to build up and slide at one time causing
hazardous conditions for anyone its way. We reached out to roofing companies for quotes to
changes to the market and Innovative Sheet Metals, the installer of the original roof
responded with a bid of $13,300 to install SnoGard on the roof of the barn area for the safety
of employees, vendors, and visitors of the market.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To authorize staff to enter into an agreement with Innovative
Sheet Metals in the amount of $13,300.
Date: October 2nd, 2018
To: Honorable Mayor and City Commissioners
From: Department of Public Works
RE: Evanston & Oak Grove Sewer Lining (S-682)
SUMMARY OF REQUEST:
Award contract (S-682) for sanitary sewer lining on Oak Grove Street and Evanston
Avenue. Four contractors submitted bids for this project as follows:
Insituform Technologies. .............................................. $74,626.50
Corby Energy Services................................................. $80,300.00
Inland Waters Pollution Control .................................... $81,585.00
Liquiforce...................................................................... $105,500.00
FINANCIAL IMPACT:
$74,626.50
BUDGET ACTION REQUIRED:
None. This project is included in the FY18-19 Capital Project List.
STAFF RECOMMENDATION:
Award the project to the low bidder, Insituform Technologies
City Of Muskegon
Project Description: Evanston & Oak Grove Sewer Lining (S-2) Project Number: S-682
Project Engineer: Matt Hulst (Prein & Newhof) Bid Opening: 2-Oct-18 Engineers Estimate Insituform Technologies Corby Energy Services Inland Waters Polution Control Liquiforce
Line
Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total
1 Project Mobilization LSUM 1 $ 10,000.00 $ 10,000.00 $ 7,954.70 $ 7,954.70 $ 2,500.00 $ 2,500.00 $ 5,020.00 $ 5,020.00 $ 3,500.00 $ 3,500.00
2 Traffic Control LSUM 1 $ 3,000.00 $ 3,000.00 $ 213.60 $ 213.60 $ 3,500.00 $ 3,500.00 $ 7,650.00 $ 7,650.00 $ 1,000.00 $ 1,000.00
3 Construction Bypass Operation LSUM 1 $ 6,000.00 $ 6,000.00 $ 343.00 $ 343.00 $ 2,000.00 $ 2,000.00 $ 640.00 $ 640.00 $ 1,500.00 $ 1,500.00
4 Sewer Cleaning and Televising (pre and post inspection) LSUM 1 $ 4,000.00 $ 4,000.00 $ 7,362.60 $ 7,362.60 $ 4,350.00 $ 4,350.00 $ 10,370.00 $ 10,370.00 $ 3,500.00 $ 3,500.00
5 10" Sanitary Sewer, CIPP LF 1450 $ 50.00 $ 72,500.00 $ 26.80 $ 38,860.00 $ 29.00 $ 42,050.00 $ 25.00 $ 36,250.00 $ 38.00 $ 55,100.00
6 Service Laterial Reinstatement EA 50 $ 100.00 $ 5,000.00 $ 98.50 $ 4,925.00 $ 65.00 $ 3,250.00 $ 55.00 $ 2,750.00 $ 500.00 $ 25,000.00
7 Pressure Grouting Mobilization LSUM 1 $ 2,500.00 $ 2,500.00 $ 581.80 $ 581.80 $ 3,500.00 $ 3,500.00 $ 715.00 $ 715.00 $ 500.00 $ 500.00
8 Pressure Grouting 10-inch Sewer Joints EA 30 $ 400.00 $ 12,000.00 $ 476.00 $ 14,280.00 $ 605.00 $ 18,150.00 $ 585.00 $ 17,550.00 $ 510.00 $ 15,300.00
9 Restoration LSUM 1 $ 2,000.00 $ 2,000.00 $ 105.80 $ 105.80 $ 1,000.00 $ 1,000.00 $ 640.00 $ 640.00 $ 100.00 $ 100.00
Totals: $ 117,000.00 $ 74,626.50 $ 80,300.00 $ 81,585.00 $ 105,500.00
As-Read Same Same Same Same
Page 1 of 1
Date: 10/09/18
To: Honorable Mayor and City Commission
From: Department of Public Works
RE: Replacement Pump for Getty St. Lift Station
SUMMARY OF REQUEST:
Authorize staff to purchase a replacement pump for the Getty Street sewer lift
station at a cost of $17,126 from Kennedy Industries (sole supplier).
Due to lightning strike the pump motor needs to be replaced. The pump is 18
years old and was nearing the end of its life expectancy.
FINANCIAL IMPACT:
The cost of materials $17,126.
BUDGET ACTION REQUIRED:
None. Expenditures would come from the Sewer Budget FY 2018/19.
STAFF RECOMMENDATION:
Approve purchase of replacement pump from Kennedy Industries.
September 19, 2018
Mr. Wyatt Eggleton
City of Muskegon
1350 E Keating
Muskegon, MI 49442
RE: Flygt 3140.090 Pump—Getty Pump Station
Serial Number: 9960027
Kennedy Industries #: 94915
Mr. Eggleton:
Upon disassembly, it was found that the cost to repair exceeds the cost of a replacement pump.
Attached are photos with descriptions of the parts in need of repair or replacement. If you have any
questions, please do not hesitate to contact us.
Sincerely,
Sarah Rahn
KENNEDY INDUSTRIES, INC.
P.O. Box 930079 ۰4925 Holtz Dr. ۰Wixom, MI 48393 ۰Phone (248) 684-1200 ۰Fax (248) 684-6011
PUMP
• Pump upon arrival to our facility.
• Impeller rotates freely by hand.
• Pump is from 1999 and was last repaired in 2004.
PUMP
• Debris wrapped around back hub of impeller and mechanical seal causing seal
failure.
P.O. Box 930079 ۰4925 Holtz Dr. ۰Wixom, MI 48393 ۰Phone (248) 684-1200 ۰Fax (248) 684-6011
PUMP
• Stator and cable passed initial electrical testing.
• High temperature sensor failed electrical testing and must be replaced.
P.O. Box 930079 ۰4925 Holtz Dr. ۰Wixom, MI 48393 ۰Phone (248) 684-1200 ۰Fax (248) 684-6011
ROTOR
• Rotor is severely damaged at impeller keyway.
• Rotor is beyond repair and needs to be replaced with new.
IMPELLER
• Impeller ring is severely worn. Clearance to missing case ring is .204—spec is .040.
• Impeller key is broken and beyond repair.
• Impeller needs to be replaced.
P.O. Box 930079 ۰4925 Holtz Dr. ۰Wixom, MI 48393 ۰Phone (248) 684-1200 ۰Fax (248) 684-6011
VOLUTE
• Case ring in volute is broken and separating.
• Case ring fit in volute is oversized and eroded.
• New volute needs to be installed
OIL CHAMBER
• Water in oil chamber from lower mechanical seal failure
• Mechanical seals, bearings, and O-rings need to be replaced with new
P.O. Box 930079 ۰4925 Holtz Dr. ۰Wixom, MI 48393 ۰Phone (248) 684-1200 ۰Fax (248) 684-6011
VOLUTE
• Discharge flange pitted and would not provide a good seal.
• New volute will fix this problem.
GUIDE RAIL BRACKET
• Guide rail bracket is worn beyond repair and would need to be replaced with new
P.O. Box 930079 ۰4925 Holtz Dr. ۰Wixom, MI 48393 ۰Phone (248) 684-1200 ۰Fax (248) 684-6011
Date: October 3, 2018
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City – MDOT Agreement;
Remembrance Drive Construction & Maintenance
SUMMARY OF REQUEST:
Approve the attached contract with MDOT for the Remembrance Drive construction
from Keating Avenue south to the road terminus and approve the attached resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approve the attached contract and resolution authorizing the mayor & clerk to sign
both.
COMMITTEE RECOMMENDATION:
RESOLUTION
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR THE ROAD RECONSTRUCTION AND SANITARY SEWER
INSTALLATION ALONG REMEMBRANCE DRIVE FROM KEATING AVENUE
SOUTH TO THE ROAD TERMINUS TOGETHER WITH OTHER NECESSARY
RELATED WORK ITEMS AND AUTHORIZATION FOR MAYOR STEPHEN J.
GAWRON AND CITY CLERK, ANN MEISCH, TO EXECUTE SAID CONTRACT
Moved by __________________________ and supported by
_________________________ that the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 18-5421 between the
Michigan Department of Transportation and the City of Muskegon for the Road
reconstruction and sanitary sewer installation on Remembrance Drive within
the City is in the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 18-5421 be and
the same is hereby authorized and approved and the Mayor and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.
Adopted this _____ day of _______, 2018.
BY
Stephen J. Gawron, Mayor
ATTEST
Ann Meisch, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
______________, 2018. The meeting was properly held and noticed pursuant to
the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of
1976.
CITY OF MUSKEGON
By___________________________
Ann Meisch, City Clerk
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: October 9, 2018
SUBJECT: Evaluate Wastewater Collection System
SUMMARY OF REQUEST:
Authorize staff to sign the attached Letter of Intent with Mercy Hospital and to enter into the
attached agreement with Prein & Newhof for Professional Engineering Service to evaluate our
wastewater collection system in the Mercy Hospital and Industrial Park areas. This study will
evaluate system capacity concerns and serve as the master plan for the areas.
Prein & Newhof is being recommended since they managed the SAW Grant work and have
familiarity with the needs of our sanitary system. The proposed engineering work is for a not to
exceed cost of $16,000. Mercy will be responsible for $7,000 and the City will be responsible
for the remaining $9,000.
FINANCIAL IMPACT:
Total Cost $9,000 to be covered by the sewer fund.
BUDGET ACTION REQUIRED:
None at this time, will be addressed during the first quarter budget reforecast.
STAFF RECOMMENDATION:
Authorize staff to sign the Letter of Intent with Mercy Hospital and enter into an agreement with
Prein & Newhof for Professional Engineering Services.
Affirmative Action
(231)724-6703
FAX (231)722-1214
Assessor/
Equalization Co.
(231)724-6386
FAX (231)724-1129
Cemetery/Forestry
(231)724-6783
FAX (231)724-4188
City Manager
(231)724-6724
FAX (231)722-1214 October 4, 2018
Clerk
(231)724-6705
FAX (231)724-4178
Comm. & Neigh.
Mr. Lon Morrisson
Services Sr. Director, Facility Services and Capital Projects
(231)724-6717 Mercy Health mercy Campus
FAX (231)726-2501
1500 E. Sherman Blvd
Computer Info. Muskegon, MI 49444
Technology
(231)724-4126
FAX (231)722-4301
Engineering
Subject: Letter of Intent for engineering services and payment
(231)724-6707
FAX (231)727-6904 Dear Mr. Morrisson:
Finance
(231)724-6713 The City of Muskegon plans to perform an engineering study pertaining to the sanitary sewer
FAX (231)726-2325
in the Mercy Hospital and the Industrial Park drainage areas. We plan on entering into the
Fire Department attached engineering agreement with Prein & Newhof to evaluate system capacity and
(231)724-6795
FAX (231)724-6985 possible rerouting options.
Human Resources
Co. (Civil Service) Per our verbal agreement, Mercy committed to sharing the cost of the study which is for a not
(231)724-6442 to exceed cost of $16,000. Mercy Hospital will pay $7,000 for the engineering services
FAX (231)724-6840 pertaining to the mercy drainage area. The City will pay $9,000 for the engineering services
Income Tax pertaining to the Industrial Park drainage area.
(231)724-6770
FAX (231)724-6768
Mayor’s Office
(231)724-6701
FAX (231)722-1214 Sincerely,
Planning/Zoning
(231)724-6702
FAX (231)724-6790 David Baker
Police Department
Superintendent of Public Utilities
(231)724-6750
FAX (231)722-5140
Public Works
(231)724-4100
FAX (231)722-4188
SafeBuilt ______________________________ _______________________________
(Inspections)
(231)724-6715 Mercy Hospital representative City of Muskegon Representative
FAX (231)728-4371
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
Industrial Park and Sherman Flow Study
City of Muskegon
In-House
Position Sen. Proj. Man Sen. Engineer Engineer GIS Modeling Clerical
Staff Member Marczak Hulst Staff Dempsey Smith Mileage Total Cost
Meeting with Client 2 2 3 85 $961
Data Acquisitiona and review 6 2 $820
Capacity Modeling 3 36 $5,145
Alternative Development 3 15 6 12 $4,458
Letter Report 4 9 3 3 3 $2,580
Cost Estimate 5 6 $1,087
Review Meeting with Client 2 2 3 85 $961
$16,000
Total Estimated Services 11 36 12 9 59 3 170 $16,000
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: October 4, 2018
RE: Municipal Water Supply Agreement – First Amendment
SUMMARY OF REQUEST:
City Staff is recommending changes to the Municipal Water Supply agreement. This agreement
impacts all of the city’s non-resident customers, with the exception of Fruitport and Norton Shores.
The amendment will temporarily reduce the multiplier in which the rate is calculated from 1.25 to
1.21. The reduction is offset by the water rate increase enacted by City Commissioners in July 2018.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the First Amendment to the Municipal Water Supply Agreement.
COMMITTEE RECOMMENDATION:
DRAFT
09/21/18
FIRST AMENDMENT TO AGREEMENT FOR MUNICIPAL WATER SUPPLY
This FIRST AMENDMENT TO AGREEMENT FOR MUNICIPAL WATER SUPPLY is made this _____
day of _____________, 2018 (the “First Amendment”), by and between the CITY OF MUSKEGON,
(“Muskegon”), whose address is 933 Terrace Street, Muskegon, Michigan 49441, the CITY OF NORTH
MUSKEGON, 1502 Ruddiman Drive, North Muskegon, MI (“North Muskegon”), the CITY OF ROOSEVELT
PARK, 900 Oakridge Road, Roosevelt Park, MI (“Roosevelt Park”) and the COUNTY OF MUSKEGON by and
through its BOARD OF PUBLIC WORKS, 990 Terrace Street, Muskegon, MI (“County”). North Muskegon,
Roosevelt Park and County are referred to herein as “Buyer” or collectively as “Buyers”.
RECITALS
WHEREAS, Muskegon, North Muskegon, Roosevelt Park and County are parties to an Agreement
For Municipal Water Supply, dated as of October 1, 2012 (“Agreement”); and
WHEREAS, Muskegon raised its residential water rates 4% effective July 1, 2018 and will increase
an additional 4% on July 1, 2019, July 1, 2020, July 1, 2021, and July 1, 2022; and
WHEREAS, Muskegon, North Muskegon, Roosevelt Park and County wish to amend the
Agreement on the terms and conditions set forth in this First Amendment (“First Amendment”).
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. INCORPORATION OF RECITALS AND DEFINED TERMS. The above recitals are hereby
incorporated into this First Amendment as if fully set forth herein.
2. RATES FOR WATER SUPPLY. The rate to be charged by Muskegon to North Muskegon,
Roosevelt Park and County as provided in Paragraph 3 of the Agreement is amended to read as follows:
For the period of October 1, 2012 through June 30, 2018, the water supplied by Muskegon shall
be paid for by each Buyer at a rate of 1.25 times the rate Muskegon charges a majority of its own
commercial/industrial/residential customers within its corporate limits. For the period of July 1,
2018 through June 30, 2023, the water supplied by Muskegon shall be paid for by each Buyer at
a rate of 1.21 times the rate Muskegon charges a majority of its own
commercial/industrial/residential customers within its corporate limits. For the period of Jul 1,
2023 through June 30, 2024, the water supplied by Muskegon shall be paid for by each Buyer at
a rate of 1.23 times the rate Muskegon charges a majority of its own
commercial/industrial/residential customers within its corporate limits. For the period of July 1,
2024, the water supplied by Muskegon shall be paid for by each Buyer at a rate of 1.25 times the
rate Muskegon charges a majority of its own commercial/industrial/residential customers within
its corporate limits. The charges for water supply shall be determined using the metered volume
of water supplied to each Buyer.
3.1 Muskegon reserves the right to increase its rates to its own customers for water
service, and in such event, Buyer’s rate shall increase as provided above.
3.2 Any rate increase shall not be effective, unless otherwise agreed, until Muskegon
has given Buyers 90 days written notice thereof.
3.3 In the event any of the master meters fail to register the supply of water due to
a breakdown or other failure, the charge for the water supply shall be determined by utilizing the
average of the 30 day period prior to the breakdown. In the event the said measure is inaccurate
because of a progressive breakdown or other reason, Muskegon reserves the right to use an
average derived from a period of up to one year prior to the breakdown, in order to determine
the charge for water supplied to that meter.
3.4 The current water rate-setting methodology employed by the City of Muskegon
does not include a ready-to-serve (RTS) component. Should the City opt to return to a rate format
that includes an RTS charge, the Parties may negotiate a new rate multiplier.
3.5 The Parties may renegotiate the rate if Muskegon secures a substantial new
municipal water customer (municipality). Muskegon may agree to sell water from its distribution
system to any person or entity (including any municipal corporation or authority) outside
Muskegon at a lesser rate than that payable hereunder, unless Buyer gives Muskegon written
notice of unanimous disapproval within 90 days of receipt of a copy of the proposed agreement.
In no event shall Muskegon sell water for less than Muskegon’s cost to produce and pump finished
water.
3. Intermediary. Muskegon, North Muskegon and Roosevelt Park acknowledge that
Parmenter Law has represented Muskegon, North Muskegon and Roosevelt Park for many years and all
three parties consent to Parmenter law acting as an intermediary in providing legal services on this First
Amendment. County acknowledges that Parmenter Law does not represent the County. County had the
advice of legal counsel (or an opportunity to obtain the same) before entering into this First Amendment
and it is to be interpreted as if it were mutually drafted.
Rule 2.2 of the Rules of Professional Conduct allows Parmenter Law to act as an intermediary in
this transaction provided that Parmenter Law consulted with each party concerning the decisions to be
made and the considerations relevant in making them, so that each party can make adequately
informed decisions.
Parmenter Law reserves the right to withdraw from its representation in the event continued
representation of any party, in the sole opinion of Parmenter Law, would adversely affect its
relationship with any other party.
4. MISCELLANEOUS.
4.1 Entire Agreement. This is the entire agreement between the Parties regarding the
subject matter of this First Amendment. It may not be modified or amended except in a written
amendment executed by both Parties.
4.2 Construction. The terms of this First Amendment amend and modify the
Agreement as if fully stated therein.
4.3 Ratification. All other provisions of the Agreement not specifically modified by
this First Amendment are preserved, confirmed and shall remain in full force and effect.
4.4 Counterparts. This First Amendment may be signed in counterparts and delivered
electronically or by facsimile, and each such counterpart and delivery will be a binding and valid execution
and delivery of this First Amendment.
4.5 Binding Nature. This First Amendment shall be binding upon the Parties and their
subrogees, successors, and permitted assigns.
4.6 Authority. Each of the undersigned who execute this document on behalf of an
entity represent and warrant that they are authorized by the appropriate agents, members, managers,
directors or stockholders of the entity for the purpose of binding the entity to the obligations of this Third
Amendment.
THIS FIRST AMENDMENT IS HEREBY EXECUTED ON THE DATE IDENTIFIED ABOVE.
CITY OF MUSKEGON
By: _________________________
Title: ________________________
CITY OF NORTH MUSKEGON
By: _________________________
Title: ________________________
CITY OF ROOSEVELT PARK
By: _________________________
Title: ________________________
COUNTY OF MUSKEGON
BOARD OF PUBLIC WORKS
By: _________________________
Title: ________________________
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: October 4, 2018
RE: SEIU Collective Bargaining Agreement – Clerical Division
SUMMARY OF REQUEST:
City Staff and Service Employees International Union representatives have worked over the past four
weeks to develop a new five-year contract for the City’s clerical personnel. As part of the agreement,
a number of issues were addressed, including pension costs, wages, and benefits. The new agreement
is beneficial to both parties.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the Collective Bargaining Agreement with the Service Employees International Union
as presented.
COMMITTEE RECOMMENDATION:
Commission Meeting Date: October 9, 2018
Date: October 4, 2018
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request for an Industrial Facilities Exemption
Certificate – KLO Acquisition
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, KLO Acquisitions, LLC, 2420
Remembrance Dr, has requested the issuance of an Industrial Facilities Tax (IFT)
Exemption Certificate. The new facility will result in a $17,066,206 investment in real
property and qualifies them for a 12-year abatement.
FINANCIAL IMPACT:
The City will capture certain additional property taxes generated by the expansion.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for
a term of twelve (12) years for real property.
COMMITTEE RECOMMENDATION:
None
10/4/2018
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
KLO ACQUISITION, LLC
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed public hearing held on July 10,
2018, this Commission by resolution established an Industrial Development District as requested
by KLO Acquisition, LLC, which included the property leased by KLO Acquisition, LLC, 2420
Remembrance Dr, Muskegon, Michigan 49442; and
WHEREAS, KLO Acquisition, LLC, has filed an application for the issuance of an Industrial Facilities Tax
Exemption Certificate with respect to building improvements to be installed within said Industrial
Development District; and
WHEREAS, said application was filed no later than six months after project commencement and the Muskegon
City Commission held a public hearing on October 9, 2018, at the Muskegon City Hall in Muskegon,
Michigan at 5:30 p.m. at which hearing the applicant, the assessor and representatives of the affected
taxing units were given written notice and were afforded an opportunity to be heard on said application;
and
WHEREAS, the real property improvements are calculated to and will have the reasonable likelihood to retain,
create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will
not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real
property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered together with
the aggregate amount of certificates previously granted and currently in force under Act No. 198 of
the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall
not have the effect of substantially impeding the operation of the City of Muskegon or impairing the
financial soundness of a taxing unit which levies ad valorem property taxes in the City of
Muskegon.
2) The application of KLO Acquisition, LLC, for the issuance of an Industrial Facilities Tax Exemption
Certificate with respect to the installation of real property improvements on the following described
parcel of real property situated within the City of Muskegon to wit:
CITY OF MUSKEGON ALL THAT PART OF THE NW 1/4 OF SW 1/4 OF SEC 34 T10N R16W
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and
effect for a period of 12 years on real property.
Adopted this 9th Day of October 2018.
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete a resolution adopted by the Muskegon City
Commission, County of Muskegon, Michigan, at a regular meeting held on October 9, 2018.
______________________________
Ann Meisch
Clerk
CITY OF MUSKEGON
CONTRACT FOR TAX ABATEMENT
Act 198 Public Acts of 1974
AGREEMENT between CITY OF MUSKEGON, a municipal corporation of 933
Terrace Street, Muskegon, Michigan 49441, (“City”) and KLO Acquisition, LLC.
(“Company”).
Recitals:
A. The Company has applied to City for the establishment of an industrial
development district or industrial rehabilitation district pursuant to the provisions of Act
198 of the Public Acts of 1974, as amended, which act requires a contract between the
City and the Company to be agreed and submitted with the Company’s subsequent
anticipated application for an industrial facilities exemption certificate.
B. That in addition to the statutory requirement, the City has determined that it is in
the best interests of the taxpayers, property owners and residents of the City that this
Agreement be approved and executed prior to the establishment of the requested district,
and the City deems this Contract, together with the conditions set forth in the said Act to
constitute a necessary element in the City’s determination whether or not to create the
district.
C. The Company intends to install the project set forth in its application (“project”)
which it believes qualifies for the process of establishing the district and the application
for industrial facilities exemption certificate.
D. The City, provided this Agreement is executed, will determine whether to create
the district based upon the potential for the production of permanent jobs, the
continuation or increase of economic activity, planning and zoning considerations and the
City’s general plan and intentions regarding economic development. In addition to the
City policy considerations and predictions that the Company’s proposed district and
certificate benefit the community in those ways, the City has further determined that the
contractual commitments made by the Company to thereby assist the community shall be
binding on the Company and necessary to continue the tax exemption made possible by
the certificate.
NOW THEREFORE THE PARTIES AGREE:
1. COMPANY AGREEMENT. The Company irrevocably commits to the
investment, job retention and job creation promises made in its application, a copy of
which is attached hereto and incorporated herein. In particular the Company agrees:
Page 1
1.1 That 100% of the jobs shall be filled and in existence with full-time
employees by a date no later than two (2) years from the date of the granting of
the certificate by the State Tax Commission.
1.2 The Company shall meet the affirmative action goal included in the
application or in any documents supplied by the City and utilized by the
Company, including any additional representations made to the City Commission
on or before the date two (2) years after the granting of the certificate by the State
Tax Commission. It shall maintain the said levels of employment diversity during
the period of the certificate.
1.3 The Company, by the end of two (2) years from the date of the grant of the
certificate by the State Tax Commission shall have completed the investment of
$17,166,206 in real property improvements as shown in the application.
1.4 That the improvements and equipment to receive the tax abatement treatment
shall be completed on or before the date two (2) years from the date of granting of
the certificate by the State Tax Commission.
1.5 The Company shall pay its specific taxes required by the act in a timely
manner, and shall not delay payments so as to incur any penalties or interest.
1.6 The Company shall not appeal the valuation of any real or personal property
at the facility to the Michigan Tax Tribunal or the State Tax Commission.
1.7 The Company shall fully cooperate with the City representatives in
supplying all requested and required documentation regarding jobs, investment,
the meeting of all goals and the timely installation and utilization of equipment
and improvements. The City shall be entitled to inspect at reasonable hours the
Company’s premises where the said improvements and equipment have been
installed and where the said jobs are performed.
1.8 The Company shall maintain, during the entire period for which the tax
abatement is granted, the level of jobs, affirmative action goals, production and
utilization of the improvements and equipment at the site where the district has
been created and for which the tax exemption has been granted.
1.9 The Company shall not cause or fail to cure the release of any hazardous
substance, or the violation of any environmental law on its premises in the City.
It shall report any releases to the appropriate governmental authority in a timely
and complete manner, and provide copies of said report documentation to the
City. It shall comply with all orders and actions of any governmental agency
having authority.
1.10 The Company shall maintain the equipment and improvements so as to
minimize physical or functional obsolescence.
Page 2
1.11 The Company shall continue to operate its business location in the City,
containing the same number of and type of jobs, for the term of the certificate.
2. AGREEMENT BY THE CITY. Provided this contract has been executed and
further provided all applications to create the district and achieve the industrial facility
exemption certificate have been properly filed, the City shall, in a timely manner,
determine in a public meeting to create the district and receive, process, and approve
thereafter the Company’s application for an industrial facilities exemption certificate.
The City may consider this contract in a meeting separate from and prior to the meeting
in which the City considers the creation of the district and approval of the application for
certificate. Further, the City shall require the submission of this contract signed by the
Company together with its applications, before creating the district.
3. EVENTS OF DEFAULT. The following actions or failures to comply shall be
considered events of default by the Company:
3.1 Failure to meet any of the commitments set forth above.
3.2 The closing of the Company’s facilities in the City. Closing shall mean for
purpose of this Agreement, the removal, without transfer to another site within the
City of substantially all of the production facilities, and the elimination of
substantially all the jobs created or retained thereby, which are set forth in the
Company’s application.
3.3 Failure to afford to the City the documentation and reporting required.
3.4 The failure to create or retain jobs, meet affirmative action goals or expend
the funds on equipment and improvements as represented in the application
within the times required hereby.
3.5 The bankruptcy or insolvency of the Company.
3.6 The failure to pay any and all taxes and assessments levied on the
Company’s property or any other taxes, local, state or federal, including but not
limited to City income taxes and the withholding of said City income taxes from
employees as required by the City Income Tax Ordinance.
3.7 The performance or omission of any act which would lead to revocation
under MCLA 207.565, being §15 of the Act.
3.8 The violation of any provisions, promises, commitments, considerations or
covenants of this Agreement.
4. REMEDIES ON DEFAULT. In the event of any of the above defaults the City
shall have the following remedies which it may invoke without notice, except as may be
reasonably required by the Company’s rights to due process:
Page 3
4.1 In the event of closing as determined after investigation of the facts and a
public hearing, the Company shall be immediately liable for penalties to be paid
forthwith to the city as determined as follows:
4.1.1 The Company shall pay to the City for prorata distribution to the
taxing units experiencing the abatement, an amount equal to the difference
between the industrial facilities tax which it has paid, and the total
property taxes to the relevant taxing units which it would have paid, given
its installations of improvements and equipment, during the years for
which the certificate was in effect.
4.1.2 Immediate Revocation. The Company hereby consents to
revocation to the IFT certificate before the State Tax Commission, without
hearing, and the City shall submit a copy of this Agreement to the State
Tax Commission in connection with its revocation procedure, giving
notice that the default has occurred and immediate revocation should
occur.
4.2 In the event the improvements and equipment have not been installed before
the two (2) year period, in addition to the revocation procedures before the State
Tax Commission, the abatement should immediately be reduced by the City
proportionately, and any installations which have not been finished at the end of
said two (2) year period shall not be eligible for the abatement thereafter and shall
be placed on the regular tax roll.
4.3 Failure to Expend the Funds Represented. In the event, (whether or not the
installations have been completed), the Company has not expended the funds it
has represented on its application that it would invest for the installation of
equipment, the abatement shall be reduced prorata, and any remaining value of
equipment shall be placed on the regular tax roll.
4.4 Job Creation and Retention. In the event the promised number of jobs have
not been created or retained at the end of the two (2) years after the grant of the
certificate by the State Tax Commission, the abatement shall be proportionately
reduced.
4.5 Affirmative Action Goals. In the event, after one (1) year from the grant of
the certificate by the State Tax Commission, the affirmative action goals of the
City for additional jobs have not been met on a prorata basis, the abatement shall
be revoked.
4.6 For other violations of this Agreement or for actions or omissions by the
Company amounting to grounds for revocation by statue, the City shall
recommend to the State Tax Commission immediate revocation of the certificate.
Page 4
4.7 Special Assessment. For any amount due to be paid to the City, under this
Section 4, the Company consents that the City shall have a personal action against
the Company for the said amount, and in addition, cumulatively, and not by
election, the City shall have a special assessment lien on all the property of the
Company personal and real, located in the City, for the collection of the amounts
due as and in the manner of property taxes and in such case the collection of the
said special assessment shall be accomplished by addition by the City to the
Company’s property tax statement regularly rendered.
5. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Michigan applicable to contracts made and to be
performed within the State of Michigan.
6. Counterparts. This Agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the same
Agreement.
7. Benefit. This Agreement shall be binding upon and inure to the benefit of the
respective parties, their successors and personal representatives.
8. Effective Date. This Agreement shall be effective on the date the State of
Michigan Tax Commission grants the company at Industrial Facilities Exemption
Certificate.
CITY OF MUSKEGON
By _________________________
Stephen J. Gawron, Mayor
Date _________________________
and___________________________
Ann Meisch, Clerk
Date _________________________
By___________________________
Its______________________
Date _________________________
Page 5